HomeMy WebLinkAboutCAG2021-185 - Original - Puget Sound Regional Fire Authority - Homeland Security Award MOU - Re: EMPG #E21-125 - 04/20/2021KENT
Agreement Routing Form
For Approvals, Signatures and Records Management
i his form iornbines & replaces the Request for Mayor s Siqnature and Contrilct Cover Sheet fo,ms
(Print on pink or cherry colored papedWaBHtNoroN
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oL
CLct
Originator:
Robert Goehring, City Auditor
Department:
Finance
Datc Sent:
Q4t01t2021
Date Rcquired:
04t22t2121
Authorized to Sign:
E Director or Destgnee E Mayor
Daie of Council Approval
Budget Account Number:
N/A
Budget? DYes E No
Grant? DYes ENo
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tro
vo
ELo
5
'Hco
Eool-
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Vendor Name:
Puget Sound Regional Fire Authority
Category:
Other - Memorandum of Understanding
Vendor Number
N/A
5ub-Cateqory
N/A
projecr Name: Homeland Security Award MOU between the City of Kent and the Puget
Sound Regional Fire Authority - EMPG (E21-125)
Drn;arr F)arriic. Establishes the requirements governing the RFA's administration of the EMPG Award (E21-125)'
rruJtrLt ucLdrr)
including adherence to terms ind conditions of the Grant Agreement and other federal requirements.
Agreement Amount:
SrartDare: 06lul2a20
Basis for Selcction of Contractor: Othef - N/A
rermination Dare: 08/31 12021
Local Business? OYes E No*
*!f meets requirements pet KCC 3.70,100, please complete "vendor Purchase'Local Exceptions" form on Cityspace
Notice required prior to disclosure?
DYes E No
Contract Number:
C 2 qi
ctl
.=P3\.oTEZ \..!l ai't9o=Ei oc
.9UI
Date ReceivecJ by City Attorney
Aprrl l,2o2L
Comnrents:
)
(.
Date Routed to the Mayor's Office
Date Routed to the Ci{y Clerk's Office:
JC(V/)21/i.1- l)Visit Documents,KentWA.gov to obtain copies of all agreements
HOMELAND SECURITY AWARD
MEMORANDUM OF U NDERSTANDING
BETWEEN THE CITY OF KENT
AND
PUGET SOUND REGIONAL FIRE AUTHORITY
EMERGENCY MANAGEMENT PERFORMANCE GRANT
GRANT AGREEMENT NUMBER E21-125
This Memorandum of Understanding (Mou), entered into this L0h au, or AQO##".n
the City of Kent, a Washington municipal corporation. (hereinafter the "City") dnd 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 (Catalogu" of Federal Domestic Assistance-CFDA 97.042) under Public Law 113-
76, ur areridud by Post-Katrina Emergency Management Reforms Act of 2006
(prrunn), as amended, (pub. L. No. 109-t95) (Title 6 u.s.c chapter 762, Section 662,
public Law 109-295, Titie6 U.S.C. 762, as amended by Earthquake Hazards Reduction
Act of Lg77, public Law g5-124, Tifle q2u.s.c77ot, as amended by RobertT' stafford
Disaster Relief and Emergency Assistance Act, Public Law 93-288, Title 42 U.S'C stZI,
as amended by National Flood Insurance Act of 1968, Public Law 90-448, Title 42 U'S'C
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 ."g-ulations, 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 Requiremenls-f9r
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 and RFA
EMPG E21.125
Iruoex To MOU
SECTION I - GENERAL CONDITIONS ,..,...,....'"..'
A. Scope Of MOU..'.'.....
B, Scope Of Project
C. Purpose And Primary Objective.'..
D. Commencement And Termination Of MOU
E. Administration ....,.,,.....
F, Compensation And Method Of Payment .'.
G. EligibleCosts..,..,,.,
H. Operating Budget
I. Amendments,..,......,',..
J. Assignment And Subcontracting
K. Hold Harmless And Indemnification '.""".
L. Project Close-Out
M. Insurance..
N. Conflict Of Interest
O. Suspension And Termination Of MOU..'."
SECTION II - FEDEML, STATE, AND LOCAL PROGRAM REQUIREMENTS .
A. Subawards And Contracts By Subrecipient...'.."'
B. Reimbursement And Budget Requirements........"""
C. Reporting Requirements'.'."....".'
D. Equipment And Supply Management."'..........'
E. Environmental and Historical Preservation
F. Procurement
G. SubreciPientMonitoring'.
H, Limited English Proficiency (Civil Rights Act Of 1964 Title VI) ""'
I. NIMSComPliance,.....'..
J. EMPG Program Specific Requirements ..'.".'.'."
K. DHS Terms And Conditions ".'.',.....'L. EMPG Work Plan....'....'.
M. Publiclnformation...'
N. Other Federal And State Requirements
O. Local Requirements
SECTION III - MONITORING AND REPORTING REQUIREMENTS.."""....
A. Monitoring
B. FiscalReportingResponsibilities
C. Audits,.....,.
SECTION IV - RECORDKEEPING REQUIREMENTS.....'..'.'
A. Program Records and Inspections "'.....'.'B. Financial Records
c. Records of Program operations, Management And Evaluation.,.
D. Procurement Records
E. Nondiscrimination And Equal-Opportunity Records """""""""
F. Conflict Of Interest
G, Verification Of Subcontractor's Eligibility
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MOU, Kent and RFA
EMPG E21-125 ii
SECTION I - GENERAL CONDITIONS
A. Scope Or MOU
The agreement between the parties shall consist of this MOU and its signature page;
the reZitals page; the general conditions and any special conditions; the federal, state
and local prog.am re-quirements; 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. Scopr Or Pnorecr
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. E2L-L25 (Grant Agreement), which is attached as Exhibit A and
inlorporated 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. PUNPOSE AND PRIMARY OBJECTIVE
The purpose of the Grant Agreement (Exhibit A) is to provide U.S. Department of
Homeland Security (DHS) Emergency tvlanagement Performance Grant (EMPG) funds
to local jurisdictions and tribes with emergency management programs to support
and enhance those programs as described in the FY 2020 EMPG 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 Rfn performs the following services on behalf of the City: Fire
prevention, Emergency Management, and Fire Investigation Services. Further,
Exhibit c office oftmergencv Management of the Interlocal Agreement requires the
RFA to appfy for anO minage all disaster recovery grants, Emergency Performance
Grants, and other public assistance grants.
Emergency Management Performance Grants (EMPG) can only be awarded to cities,
count'les 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 E21-125
D. COUUENCEMENT ANO TCNUINATION OT MOU
This MOU will commence on June 1, 2Q2O and will terminate on August 3L, 202L,
2021 (Grant Agreement respective start and end dates), unless otherwise extended
in writing throrlgh an amendment to the Grant Agreement, as m_ay be necessary for
the proper administration of this MOU. No work on a project funded by this MOU
shall occur prior to June t,2O2O. The RFA shall take all necessary precautions and
shall be responsible for tlre 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, t6erefore, should funds to support RFA's services not be made
available through anticipaied 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. AournrsrRATroN
1. The RFA shall appoint a liaison person who shall be responsible for overall
administration o'f 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
expenditu."i 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 Kev Personnel
of the Grant Agreement'
Coupenslrron Ano Mrrnoo Or Pavlaerur
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'
Z. 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
EMPG E21.125
F
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Agreement), but not more frequently than monthly. The City reserves the right
to demand and recover reimbursements made for ineligible costs.
Errcrstr Cosrs
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 t-hat expenditures conform to these general standards and the
following criteria for eligibility of costs'
2 lo De
(a)
(b)
(c)
(d)
(e)
eligible for reimbursement, costs must:
Be necessary and reasonable for proper and efficient execution of the
contractual requirements and in accordance with an approved budget'
Be no more liberal than policies, procedures, and practices applied
uniformly to other activities of the Agency'
Be accorded consistent treatment through application of account policy
and procedures approved and/or prescribed herein'
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'
Be net of all applicable credits such as purchase discounts, rebates or
allowances, sales of publication or materials, or other income or refunds.
Be fully documented.
I
(f)
H. OpenarrNc Buocrr
The RFA shall apply the funds received from the City under this MOU in accordance
with Exhibit E Budget of the Grant Agreement'
AppnOVIT AND AMENDMENTS
The City is required under federal grant agreements to enter into separate grant
agreements wiih the RFA for each iward. The MOU for Grant Agreement Number
efO-fOg was approved by the City Council and by the RFA Governance Board,
respectively, on'March I,2016 and on March L6,20t6. At that time, the City Council
authorized the Mayor to approve all subsequent MoUs covering EMPG grant
agreements unless there was a substantial change in the terms or conditions of the
MOU or the grant agreement.
pursuant to Kent City Code 3.70.230, revised in December 2019, the Mayor is now
authorized to approve contracts and interagency agreements valued at $100,000 or
less. Accordingly, because this MOU no longer requires Kent City Council
authorization, it *itt ne routed to the Mayor for approval. Further, for RFA approval,
this MOU will be routed according to RFA contracting procedures.
MOU, Kent and RFA
EMPG E21-125 3
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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,
ASSIGNM ENT AlrO SUECONTRACTING
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'
Holo Hanuless AND INDEMNTFTcATToN
1. The RFA agrees that it is financially responsible and liable to the City for any
audit "*c"[tion 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
ex-eption 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 irom 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 p_arties on account of
personal in;:uries, deain, 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 p-arties on account of
personal injuries, death, or damige 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. Pnorecr CLosE-Our
The RFA acknowledges and agrees that the amounts set forth in the Grant Agreement
shall be used only t-o 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.
K.
MOU, Kent and RFA
EMPG E21-125 4
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M. Insuulcr
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The RFA shall maintain insurance in the types and amounts set forth in Exhibit C'
which is attached and incorporated by this reference'
Conrucr Or Inrenrsr
A. Interest of officers. Employees. or Agents - No officer, employee, or agent of the
CitV or tne RFA who exercises Jny 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
irrcorporate 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/ner employees must be disclosed to the RFA and the City.
SuspensroN AND TenutnlrroN OF MOU
1. Susoension for Failure to Perform - In the event of a failure to comply with any
terms o. coMitions 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 paymeni, 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 O'
2 Termination of MOU bv the citv - 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
EMPG E21-125 5
(c) EMPG funds no longer become available from the federal government or
through the CitY;
(d) The RFA fails to carry out activities required by this MoU; or
(e) The RFA fails to submit reports or submits incomplete or inaccurate
reports in anY material resPect'
Termination of MOU by the RFA - This MOU is subject to termination upon thirty
cscD 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.
unless otherwise terminated pursuant to Paragraphs (2) and (3) of this
Subsection O, this MOU shall terminate on the termination date specified in
Section I Subsection D of the MOU and shall be subject to extension only by
mutual agreement and amendment in accordance with Section I Subsection I of
this MOU.
Upon termination of this MOU, any unexpended balance of Grant Agreement
funds shall remain with the CitY.
In the event termination occurs under Paragraph (2) of this Subsection O, the
RFA shall return to the City all funds that were expended in violation of the terms
of this MOU, if any, including, but not limited to, any unexpended EMPG funds
distributed to the RFA under this MOU, any accounts receivable, or any assets
or interests therein of any type and in any form acquired, leased, or rehabilitated
with EMPG monies.
SECTION II - FEDER/AL, STATE, AND LOCAL PROGRAM REOUIREMENTS
A. SUBAWARDS AND CONTRACTS BY SUBRECIPIENT
The RFA will comply with all requirements as reflected in Article II Section A -
Subawards & Contracts Bv 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 and Timeline of the Grant Agreement and Section I Subsection F
Compensation And Method of Pavment of the MOU'
C. REPORTINGREQUIREMENTS
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 Pavment of the MOU.
MOU, Kent and RFA 6EMPG E21-125
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D. EQUIPMENT AND SUPPLY MANAGEMENT
The RFA will comply with all requirements as reflected in Article II Section A -
Equipment And supplv 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. SUBRECIPIENTMONITORING
The RFA will comply with all requirements as reflected in Article II Section A -
Subrecipient Monitorinq of the Grant Agreement'
H. LIMITED ENGLISH PROFICIENCY (CryIL 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 2020 EMPG Work Plan of the Grant Agreement'
MOU, Kent and RFA
EMPG E21.125 7
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M. PUELTC INFORMATION
o
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.
Z. pursuant to Exhibit B Part A.23 Publicitv 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 ffi?y, in t-he 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,
exclpt to the extent specifically exempted from disclosure therein.
Ornrn FEDERAL Ano Srlre RrqurnrMENTS
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. S 15) regarding political activities and the Architectural Barrier Act of 1968
(42 U.S.C. 5 4I5L, et seq').
Locnl RrQurnruerurs
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 REOUIREMENTS
A. Morurronruc
Article II Administrative And/Or Financial Requirements Section A - Subsection 7
Subrecipie-nt lutonitorino of the Grant Agreement reflects that the Military Department
*itt 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 not
MOU, Kent and RFA
EMPG E21-125 I
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be limited to on-site inspections by City staff. The City reservesthe right to contract
with another local goveinment 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.
FTSCEI RTPONTTNG 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. Auorrs
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 siandards (GAAS);
'General Accounting Office (GAO's) Standards for
Audits of Governm"ntal 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
ihu'RfA'', 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
proviie copies of those communications and the RFA's response and corrective
actions plan,
The Catalog of Federal Domestic Assistance (CFDA) number for the EMPG
program is 97.O42.
SECTION IV - RECORDKEEPING REOUIREMENTS
PRocRAM Reconos ano InsPecrroNs
The RFA shall make, maintain, and preserve books and records, of whatever form,
detailing all EMPG-r"tut"O expenditures and costs incurred by the RFA' All such books
MOU, Kent and RFA
EMPG E21-125
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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 Jnd their respective authorities, and is not all inclusive.
1. Time for Retention of Records - Except where otherwise specifically provided,
all records ar of tne ""0 of tt're 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 Aoprovals - Copies of all requests for amendments or revisions
to this MOU aM 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 agreenrents 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 ,"ce1t inaep"nOent financial audit and a current list of the RFA's
board of directors.
B. Frruancral Rrconos
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.
C. RECORDS Or PnOcnnu OprnauONS, MANAGEME1T Alro EvelUauOru
The RFA shall maintain all records of:
1. Operating policies and procedures;
2. Employee qualifications, training, and evaluation;
MOU, Kentand RFA 10
EMPG E21-125
E
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. Pnocunruenr Reconos
The RFA shall maintain all records of :
1. RFA,s adopted code of conduct governing officers'and employees'actions in
contracting and Purchasing;
Z. 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.
Non orscnrMrNATroN AN D EQUAT--Opponru NrrY Rrco nos
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.
Conrlrcr Or Inrenesr
1. The RFA shall maintain records documenting that all RFA board members,
officers, employees and consultants have been informed of the conflict of
interest provisions of Exhibit B Part A,9 of the Grant Agreement and have
acknowledged understanding those provisions'
Z. The RFA shall maintain a complete record of all requests for exceptions
submitted under the Grant Agreement.
MOU, Kent and RFA
EMPG E21-125
F
11
G. VERIFICATION OF SUSCONTRACTOR'S EUETITUTV
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 pafties 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 L, 2O2O, are ratified and affirmed, and the terms of
this Memorandum of Understanding shall be deemed to have applied.
MOU, Kent and RFA
EMPG E21.125
KENT FIRE DEPARTMENT REGIONAL FIRE
AUTHORITY:
Print me:
lrfle: Frre
DATE:
CITY OF KENT:
Print Name:
Title:
DATE:
L-t
APPROVED AS TO FORM:
Kent Law De nt
12
EXHIBIT A
MEMORANDUM OF UNDERSTANDING
Grant Agreement
EMPG Grant Agreement Number E21-L25
MOU, Kent and RFA
EMPG E21.125
3. Grant Agreement Numben
E21-125
Z-CranaAgreernent Amount;
$71,193
t, Subrecipient Name and Address:
Kent, CitY of
Emergency Management Divislon (EMD)
220 4th Ave S
Kent, WA 98032'5838 6. Grant Agreement End Date:
August 31,2021
-5. CEnt Agreemont Start Date:
June l,20204. Subrecipient Contact, phone/emaill
Paula Painter, 253{56-5260
ooalnter@kentwa.gov 9, UBI # (state revenue)
173.{100-{102
L Data Universal Numbering System (DUNS):
0202536't3
Contac{, phone/email:
qarv.stumph@mil.wa.gov
253-512-7483
7. Department
Gary Stumph,
CFDA) & Title:
of
Award#:
10. Funding Authori$:
State rhe U.S.
13. Assistance
16. EIN:
9t-6001254
15. Program lndex # &uElJ/5U tt-Lrlt.r:
7O3PT NZ
14. Total Federal Amount:
97.550.758 19. Women/Minority-Owned, State
Gertified: EHln trruO
D YES,OMWBE
18. Service Area bY CountY(ies):
King
17. Service Districts;
(BY LEGISI-ATIVE DISTRICT): 11, 33, 47
9
21 . Contract TYPe (check all
E Contract tr
lhat apply):
Grant I Agreement
39.34
Subrecipient Type (check all that apply);
E Private Organization/lndividual
E puUtic Organization/Jurisdiction
23.E For-Profit
D Non-Profit
D ornEnEl SUBRECIPIENTN CoNTRACTOR
n2, Eubrecipient Selection Process:
El 'to all who aPPIY & qualifY"
fl sob source
E Competiiive Biddingtr Lle ncw tr run
E riteo MoFM? ! Advertised? ! YEs Dno
24.
and trlbal governments
in the Work Plan.
DESCRIPTI tols U.s.Grant providePerformance(2oEMPG)Program2020theofYearFlscalEmorgencyManagement(FY)The purpose tostatesfundstoawardFederal(FEMA)ncyAgelllanagementHomelandofEmergency(DHS)/FederalSecurityDepartment ofenhancemontandsustalnmEntforallhazardslnthroughpreparinglerritorial,asslst local,state,
describedasthoseproglams
EMS-2020-EP{0002-No.LetterAward GrantforDHS2OEMPGtheofdanEntltyThethelsPass-lhroughReclpientDepartment to theawaFederalfundsrdofsubawardandFmadhasa5heretoAttaohmentatlachedtnandlswhlchsol,incorporated lu ndsFederalawardofusefortoaccountablethetsDeparlmentThetothisSubrecipientrsuantAgreement.puSubrecipient
Sheet;
referencedalloftermsincludingthisandlheAgreement,acceptacknowledgeandtheSubrecipientWHEREOFWITNDepartmentN ofas datethe belowthihaveandexecutedandtnmadehereofAgreementpartafewhichExhibitsAttachmenlsandincorporatedherebyPlanWorkTermsB);ConditionsandGenera (Attachment&Conditions A);Terms (AttachmentFaceSpecialThisAgreement allandF);EMS-2020-EP-00002-s01Letter (AttachmentAward2OEMPGTimelineE);(AttachmentBudgetD);c);(Attachment(Attachment lhe and governtheallandtermsconditionsbypartiesuponcontainagreedhereinandincorporaledreferenceddocumentsolherexpresslyofmatterthistheororalsubj€ctregardingotherwise,No olherthisto understandings,theofthe parties Agreement.and obllgationsrights
of thetoorexisttobeshall
precedence in the following order:
l. Applicable Federal and State Statules and Regulalions
2, DHSTFEMA Award and Program documenG
4. Special Terms and Conditions
5. General Terms and Conditions, and'
giving
reference
the inconsistency shall be resolvedin this Agreement, unless otherwise provided herein,ln lhe event ol an i
6.of the3.and
ll
of Kent
THE
DateSignature
Date
DateReview
, the parlles hereto ave executed on the day year last
FOR THE
1212212020
Date
Anne Hesse, Chief Financial Officer
Morris, Fire Chief, CitY of Kent
(if applicable):
Washington State Military Department
BOILERPLATE APPROVED AS TO FORM:
Brian E. Buchholz 4l23l2O2O
Sr. Assistant AttorneY General
Washlngton State Mllltary Department
CEG AGREEMENT
DHS-FEMA-EMPG.FYzO Page 1 of 34 City of Kent EMD, E21-125
Attachment A
SPECIAL TERMS AND CONDITIONS
fffif.t5J,rJi|,lfE533til"h" considered..key personnet ror point or contact under this Agreement' -Anv
substitution of key personner by either p"rtv-dn'irr'bd 'ilol ov *iiti"i-riiiiibition to the current kev personnel'
ENT
ARTIGLEII.ADMINISTRATIVEAND/oRFINANGIALREQUIREMENTS
The Subrecipient shail compry with ail "ppli""oi"
siate and federar raws, rures, regurations, requirements and
program guidance identified or referenceo
'n
it'i. Agreement "no
tn" informational documents published by
DHS/FEMA appricabre io the zoEMPG irogru*, iicruoing,^out not rimited to, ail criteria, restrictions, and
requirements of rhe Departme-nt ot HomeiJ,io $;r,ty iiil'st rlotice of Funding opportunity (NoFo) Fiscal
year (Fy) 2020 Emergency Manag.t*ni'P.tfo*anie'Grani (e$lQ)-!o^gument'.tfre FEMA Preparedness
Grants Manual docum-ent, the DHS nwaio i"tt"' ior Grant rrr,l. inri:202s'EP-00002's01, and the federal
regutations "or,nonry
Jppicaore to onsliEfurJ-gi.nir, "lt
ot wr'i"n are incorporated herein by reference' The
DHS Award Letter is in-;iporated in this Agreement as Attachment F.
The subrecipient acknowledges that since this Agreeme_nt invorves federar award funding, the performance
period described n"r.ln ,"v n'"gin prior to tie avairioirity of appropriated federal fund9. The subrecipient agrees
that it will not hold the Department, the statJ of washington,'o, ih" united states liable for any damages' claim
for reimbursement, or any type of p"yr"ni whatsoevei tor services performed under this Agreement prior to
distribution of appropriatei teoerat iunds, or if federar funds are not appropriated or in a particular amount'
A,STATEANDFEDERALREQUIREMENTSFORDHS/FEMAPREPAREDNESSGRANTS:
The following requirements appty- to- urr oHslrgrtrf Preparedness Grants administered by the
DePartment'
1. SUBAWARDS & CONTRACTS BY SUBRECIPIENT
a. The subrecipient must make a case-by-""t" determination whether each agreement it
makes for the aisnurJemeni of ZOgfr'fpC funOs received under this Agreement casts.the
party receiving the funds in the role of a subrecipient or contractor in accordance with 2
cFR 200.330.
b.lftheSubrecipientbecomesapass-throughentitybymakingasubawardtoanon-federal
entity as its subreciPient:
i.TheSubrecipientmustcomplywithallfederallawsandregulationsapplicableto
pass-througil "ntiti", ot zognnpe funds, including, but not limited to, those
contained in 2 CFR 200'
DHS-FEMA-EMPG-FY2o Page 2 of 34 Citv of Kent EMD'E21-125
NamaPaulPainterName
TitleTitleFinance Dlrector
.stumph@mil.wa.gov
h
gary
Coordinator
E-MailovE-Mail
253-512-7183PhonePhone253456-5260
NameNameMatthew Morris
TitleFlre ChlefTitle
Tlrzah
253-512-7456
tirzah.klncheE-Mailmlndfire.orgE-Mail
Phone253€56{311Phone
NameJeff DlDonatoName
TitleTitle
E-Mail E-Mail
EM Divislon Chief
Phone253-8564345Phone
NameJennlfer KeizerName
TitleTitle
E-MailE-Mail
GoordinatorEM
Phone253-8564342Phone
2
ii. The subrecipient shall require its subrecipient(s) to comply with all applicable
state anO federal laws, rules, regulations, iequirements, and progr?m guidance
identified or referenceO in inis-ngreement and the informational documents
published by DH$/FEMA applicablE to the 20EMPG Program, including' but not
limited to, ill criteria, resdtihions, and requirements of The Department of
nom"tani s""uritv (DHS) Notice of Funding opportunity_llloJq) Fiscal Year
(Fy) 2020 Emergency Manatement_Pgl-ollTce G rant (EM PG) document, the
DHS Award Letter for eranilio. EMS-2020-EP-00002'S01 in Attachment F' and
thefederalregulationscommonlyapplicabletoDHs/FEMAgrants.
iii. The subrecipient shall be responsible to the Departmglt f9r ensuring that all
20EMPG federal award tund-J frovided to its subrecipients, and.associated
matching funds, are used in accordance with applicable federal. and state
statutes-and regulations, and the terms and conditions of the federal award set
forth in Aftachment F of this Agreement'
BUDGET, REIMBURSEMENT, AND TIMELINE
a. Within ttre totaiCrant Aireement Amount, travel, subcontracts, salaries, benefits, printing'
equipment, ano oner g"oods ano services or other budget categories will be reimbursed
on an actuaf "ouiU.iit"upon
iotptetion unless otherwise provided in this Agreement'
b. The maximum amount of all reimbursement requests permifted to be submifted under this
Agreement, including the final relmouisement request, is limited to and shall not exceed
the total Grant Agreement Amount'
c. lf the Subrecipient chooses to include indirect costs within the Budget (Attachment E), an
indirect cost raie'alr"um"nt negotiaied between the federal cognizant ry?ryy aF !!q
Subrecipient establishing approvedinAire"t cost rate(s)as described in 2 CFR 200'414
and Appendix Vll to z crn 200 must be submitted io the Departmenl Key Personnel'
However, under 2 CFR 200.414 (0, ii tne subrecipient has never received a negotiated
indirect .ort r.i. ,gr"ement esti6iisning federally negotiated rate(s), the-subrecipient
may negotiate a rat6 with the oep"rtmenlor charge a dL minimis rate of 10o/o of modified
total direct ,orG. in" sJnt*.ipidnt's actual inoirect cost rate may vary from the approved
rate but must not exceed tne approved negotiated indirect cost rate percentage for th.e
time period of the expenditures. lt a SuOreipient chooses to charge the 10% de minimis
rate, but did not charge indirect to.t" to previous subawards, a request for-approval to
charge indireci costs
-must be submitted to the Department Key Personnel for approval
with an explanation for the change'
d. For travel costs, the subrecipient shall comply ryitlt ? c^FR 200'474 and should consult
their internat policies, state rates set pursuani io RCW 43'03,050 and RCW 43^03'060 as
now existing oi"r"no"o, and federaimaximum rates set forth at htto://www'qsa'qov, and
follow the most restrictive. lf 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 lnvoice Form and
Reimbursem;;i sd;;;;heet (in tnl iciimlt piovideo by lhe Department) detailins the
expenditures for which reimbursement is sought. Reimbursement requests must be
submitted to ni'imdursementiomiiwa.oov no Iater than the due dates listed within the
Timeline (Attachment D).
Reimbursement request totals should be commensurate to the time spent processing by
the Subrecipient and the Department'
f. Receipts and/or backup documentation for any approved items that are authorized under
this Agreement must be maintain"J nv the s;br;;ipient consistent with record retention
requirements of this Agreement and bl made available upon request by the Department
and auditors.
The subrecipient must request gigg written approval from Department Key Personnelto
waive or extend a Oue daie in tl!-timetine (Atiachment D) and, once approved' submitg.
DHS.FEMA-EMPG.FY2O Page 3 of 34 City of Kent EMD, E21'125
3.
thosecostsonthenextscheduledreimbursementduedatecontainedintheTimeline.
Waiving or missing deadlines t"t"t-r" Ln indicator for assessing an agency's level of
risk of non"otJi"i";;ith 6; i"gul"tiont, requirements,.and the terms and conditions of
the Agreement and may increas"l"qrir",i monitoring.activities' Any request for a waiver
or extension of a due date in the Tim-etine will be trelteO as a request for.Amendment of
the Agreement. This request trifu" suumitted to the Department Key Personnel
sufficiently in aouanc" of the au" oaie io piovide glequate time for Department review
and consideration and may be gttntJoid"nieO 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 ruri b" submitted to the Departmgn!within 45 days after
the Grant,lgreement End Date, "*""pi"r othenvise.authorized by either (1) written
amendment of this Agreement or'iii'*rit[n notification from the Department to the
subrecipient to provide additional tin\-Jtor completion of the subrecipient's project(s)'
i. No costs for purchases of equipmenusupplies will be reimbursed until the related
equipmenvsupplies have been recelved ny tne subrecipient' its contractor' or any non-
federal entity iJwnich the Subrecipient mai<es 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 tincfuOing, but notlitit"il to, those reports in the Timeline) will
prohibit t," suorE"ipi"ni t or teind'reimnursed until such reports and reimbursement
requests ur" runtittLd and the Depaiment has had reasonable time to conduct its review'
k. Final reimbursement requests will not be approved.for payment until the Subrecipient is
currentwithallreportingrequirementscontainedinthisAgreement'
l. A written amendment will be required if the subrecipient expects cumulative transfers to
budget.rt"gor;, ;t il.ntin.O ih tft" eudg"t-(nttactrment Ei' to exceed 10% of the Grant
Agreement n """.t. Any.changer io-uuoi&'catg9ory total's not in compliance with this
'pi*Ji"pn
wifi nJoe reirirbursei without approval from the Department'
m. subrecipients shall only use federal award funds under this Agreement to supplement
existing runos anJwtit not use tnemlo reptace (supplant) non-federalfunds that have been
budgeted to' til" ,"rn" puipo*.. fnl SiOrecipient may be required to demonstrate and
documentthatareductioninnon-federalresourcesoccurredforreasonsotherthanthe
receipt or expected receipt of federal funds'
Ltt"Till""ach reimbursement request, the subrecipient shall report how the expenditures, for
which reimbursement is sought, r"i"L tolne work Plan (Attachment c) activities in the
format provided by the Department'
b-Withthefinalreimbursementrequest,theSubrecipientshallsubmittotheDepartmentKey
personnel a final report describing ati compteted activities under this Agreement'
c.lnconjunctionwiththefinalrepofi,theSubrecipientshallsubmitaseparatereportdetailing
how the EMPG Training requiremeits *ei"'met for all personnel funded by federal or
matching funds under this Agreement'
d.TheSubrecipientshallcomplywiththeFederalFundingAccountabilityandTransparency
Act (FFATAI "nJ*r"ieo
orrrre cuio;nce consistent with Public Law 109'282 as amended
by section 6202(a)of pubtic t^* il'o-zgn ir.._s_r 9:S.rC. 6101 note) and complete and
return to the Department an Audit c"rtnt"t]lnlFFATA Form. This form is required to be
compteted once per cate_ndar y.?;;;;;-a;t"gipie.nt, and not per agreement' The
Department', Conir""tr Office *ifl [iJJ tne SuOiecipient submit an updated form at the
beginning of "".n ""f"ndar
year in wnicn the Subrecipient has an active agreement'
e. The subrecipient shall participate in the state's Stakeholder Preparedness Review (sPR)'
ThreatandHazardldentificationandRiskAssessment(THIRA),corecapabilities
assessments, and data calls'
DHS-FEMA-EMPG-FY20 Page 4 of 34 City of Kent EMO'E2'l-125
4, EQUIPMENT AND SUPPLY MANAGEMENT
a. The Subrecipient and any non-teOeral entity to which the Subrecipient makes a subaward
sn"rr-"o*piy with 2 cFc200.318 - 200.g26 when procuring.any equipment or "-!qpii""
under this Agreement, 2 CFR 200.313 for management of equipment, and 2 CFR 200'314
formanagementofsupplies,toinclude,butnotlimitedto:
i. upon successful completion of th9 terms of this Agreement, all equipment and
suppliespurchasedthroughthisAgreementwillbeglT"dbytheSubrecipient'
or a recognized non-fedlral enti$ to which the Subrecipient has made a
subaward,-foiwhich a contract, Su-brecipient grant agreement, or other means
of legal transfer of ownership is in place'
ii. All equipment, and supplies as applicable, purc.hased under this Agreement will
be recoided and mainiained in the Subrecipient's inventory system'
iii. lnventory system records shall include:
A. descriPtion of the ProPertY
B. manufacturer's serial number, model number, or other identification
number
c.fundingsourcefortheequipment'includingtheFederalAward
ldentification Number (FAIN)
D. Assistance Listings Number (formerly CFDA Numbe|
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
L 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 su.pplies
as applicabli, anO reconcile the-results with the property records at.leasl once
every two V"uri. nny differences between quantities determined by the physical
inspection "na tnot. 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, cunent utilization, and
continued need for the equiPment'
v. The subrecipient shall be responsible for any and all operational 9nd
maintenanc" !"p"n""t and for the safe operation of their equipment and supplies
including att qulsiions of liability. The'subrecipient shall develop appropriate
maintenance schedules and procedures to ensure the equipment,.and supplies
as appticaute, are well maintained and kept in good operating condition.
vi. The Subrecipient shall develop a control system to ensure adequate safeguards
to prevent ro.', a"'age, and'theft of the propefi. Any loss, damage, ot theft
shall be inveitigat"C, InO a report generated and sent to the Department's Key
Personnel.
vii. The Subrecipient must obtain and maintain all necessary certifications and
licenses for the equiPment'
viii. lf the subrecipient is authorized or required to sell the property,.proper sales
procedures r6i U" established and followed to ensure the highest possible
return. For disposition, if upon termination or at the Grant Agreement End Date'
when original or replacement supplies or equipment acquired under a federal
DHS-FEMA-EMp6-FY29 Page 5 of 34 city of Kent EMD' E21-125
awardarenolongerneededfortheoriginalPro.tegtorprogramorforother
activities currenly or previousty sufportei by'a iederal awarding agency' the
Subrecipient musi comply with the following procedures:
A.ForSupplies:lfthereisaresidualinventoryofunusedsupplies.exc"*il]g
g5,000 in total aggregate uaiu" ,pon termination or completion -of. the
project or program and the rupprirS.r. not needed for any other federal
award, the Subrecipient must-ftiain the supplies for use on other activities
or sell tii"r, Out rrri, in eitheicase, comiinsate the federal govemment
ror its snaie. rn" "rornt of compensation must be computed in the same
manner as for equiPment'
B. For EquiPment:
1) ltems with a current per-unit fair-market value of $5'000 or less may
n" 'J"ir"o, "olo,
otbttto*ise disposed of with no further obligation
to the federal awarding agency'
2)ltemswithacurrentper-unitfair.marketvalueinexcessof$5,000
*aV1" ietained or dofO.- in" Subrecipient shall compensate the
federalawarding"g"n.yinaccordancewiththerequirementsof2
cFR 200'313 (e)(2)'
ix. Records for equipment shall be retained by the subrecipien!for.g perio.d of.six
years from tdili; oi tn" disposition, replacement, or transfer' lf any litigation'
claim, or audit is started before tft" ""pitltion
of the. six-year period' the records
shall be retai;;;; itt" srnt""ipient until all litigatlon' claims' or audit findings
involving the records have been resolved'
b. The subrecipient shall comply with the Department's Purchase Review Process' which is
incorporated uy reterence ina maoe part'oi tnis Agreemenl' No reimbursement will be
pioviieaunbsithea|propriateapprovalhasbeenreceived-
c. Allowable categories for the EMPG program are listed on the Authorlzed Equipment List
(AEL) located on rhe ;iMA wJosiG
"1
tittp:/wrirw,tema"qov./..aulborized'eouioment-list' lt
isimportantthatthesu.u'ecipiJntano@whichtheSubrecipient
makes a subaward r"grrJ ifie AEL as an authorized purchasing list identifying items
allowed under the specific grant program "nJln.tra"s
items that may not be-categorized
rl;""}tr$ff *igif.I'l}?,:,l}$*ii:fu,t',il[3fr ,[{'i$illr',il!'Tfi:ii{s:T:
lf 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 othenruise. all equipment must nt:9t 11 mandatory regulatory
and/or DHS/FEMA "Gi;Jilnoaroi to nl-iiginre for purchase using federalaward
funds.
e. The subrecipient must pass on equipment and supply management requirements that
meet or exceed g.," r"qlir"r"ntr irtrrn"o aooue t6'any non-flderal entity to which the
Srni""ipi"nt makes a subaward under this Agreement'
5.ENVIRoNMENTALANDHIsToRIcALPRESERVATIoNa. The Subrecipient ,nrn-.nru," fuff compiiance with .the DHS/FEMA Environmental
ptanning and HistoriJprrr.r"tio" (EHpfdograrl.. fitr.pro-gram information can be
found at nttorl/i,,*r".i"ma.oov/envirbnriental-olanning-and-historic-preservation-
comoliance att otwni@e a part of this Agreement'
b. projects that have historical impacts or the potential to impact the environment, including'
but not limited to, ionstruction of communication towers; modification or renovation of
existing buildings, ,fi;l;;; tnd facitities; oin"* construction including replacement of
DHS-FEMA-EMPG-FY2O Page 6 of 34 Citv of Kenl EMD' E21-125
5.
7
facilities, must pafticipate in the DHS/FEMA EHP review process prior to initiation'
Modiflcation oi lxisting buildings, including minimally invasive improvements such as
attaching monitors to i-nterior wills, and training or ex_ercises occurring outside in areas
not considered freviousty disturbed, also requirJ 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,
"fong
with supporting documentation so FEMA may determine whether the
proposed prqect h"as the i6tentiat to impact environmental resources and/or historic
properties.
d. The subrecipient agrees that to receive any federal preparedness funding, all EHP
comptiance r"qriirii"ni" outtineu in applicable guidance must be met. The EHP review
process rust i" "orptrt"a and FEMI approval received by the Subrecipient before
any work is started for which reimbursement will be later requested' Expenditures for
projects starteJ before completion of the EHP review process and receipt of approval by
ihe Subrecipient will not be reimbursed'
PROCUREMENTa. The Subrecipient shall comply with all procurement requirements of 2 CFR Part 200'318
through zoo.si6'anJ ". up'""iR"d in the General rerms and conditions (Attachment B'
A.10).
b. For all sole source contracts expected to exceed $250,000, the Subrecipient must submit
to the Department for pre-procurement review and approval the procurement documents,
such as ,"qr""i.'ioi pioposals, invitations for bids and independent cost estimates' This
requirement must be passed on to any non-federal e.ntity to which the Subrecipient makes
a subaward, "i *ni"f' 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.
SUBRECIPIENT MONITORING
a. The Department will monitor the activities of the Subrecipient from award to closeout' The
goal of tne Oepartmenfs monitoring activities will..b.e to ensure that agencies receiving
federal pa"r-tniouth funds are in co-mpliance with this Agreement, federal and state audit
requirements, feO-erat 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 requiremelts.lh9 Subrecipient
shall complete and return to the Department an.Audit Certification/FFATA form This form
is required to be completed once per calendar.year, per Subrecipient' and not per
agreement. rne bepariment's Contracts Office will request the Subrecipient submit an
u[o"t"o form a1 ine ueginning of each calendar year in which the Subreclpient has an
active agreement.
c.Monitoringactivitiesmayinclude,butarenotlimitedto:
i. Review of financial and performance reports
ii. Monitoring and documenting the completion of Agreement deliverables
iii. Documentation of phone calls, meetings (e.g' agendas, sign-in sheets, meeting
minutes), e-mails and correspondence
iv. Review of reimbursement requests and supporting documentation to ensure
allowability and consistency with Agreement work plan, budget, and federal
requirements
v, Obseruation and documentation of Agreement related activities, such as
exercises, training, events, and equipment demonstrations
DHS-FEMA-EMPG-FYzO Page 7 of 34 City of Kent EMD,E21'125
d.
e.
Vi. On-site visits to review equipment records and inventories' to verify source
documentation for reimbursement reluests and performance reports, and to veriff
comPletion of deliverables'
The subrecipient is required to meet or exceed the monitoring activities' as outlined
above, for any non+eoliai'"ntity to which the Subrecipient makes a subaward as a pass-
through entity under this Agreement'
..,r rL,r ^nr{arman^a isk.
compliance will be monitored throughout the performance period to assess rt
c;#-;r*,itt o" addressed through a conective Action Plan.
8. LIM
a-
9.
B
NIMS COMPLIANCEa. The Nationat lncident Management system (NIMS) identifies concepts and principles that
answer no* to ]'.,-"n"g;-"'-"tg"nci# irom preparbOness to recovery regardless of their
cause, size, location, or complexity. NIMS'provides a consistent, nationwide approach
and vocabur".,, ror rlriipre ag'encies oriuriioictions to work together to build, sustain' and
deliver $re corl ;;p;iiifur nieded to achieve a secure and resilient nation.
b. consistent implementation of NIMS provides a solid foundation across jurisdictions and
disciplines to'ensure effective ani integrated preparedness, planning, and response'
NIMS empowers the components oi tie liationaiPrep"redness System' a requirement of
PresidentialPolicyDirectivea,toguid"""tiuitl""withinthepublicandprivatesectorand
describes th"''pil.i"g, org"ni.itfinal-activities, equipping, training, and exercising
needed to build and sustain tne coracapabilities in support of the National Preparedness
Goal.
c. ln order to receive Fy 2ozo federal preparedness funding, to include EMPG, the
suurec]pieit iiii"nrure arr Nirvrs ouieciivei have been initiated and/or are in progress
toward completion. Iti;Ma
--it plementation Oblectives are located at
rrttps://,anai;ieila qov/media.ftnrarv/assetsldocumentsl t gozag.
EMPG PROGRAM SPECIFIC REQUIREMENTS
The Department receiv!, Enrpclunding from DHS/FEMA, to assist state, rocal, and tribar governments
to enhance and sustain at,hazards "rurg"niy
management capabirities.?.^lrtlgrired by Robert T'
Stafford Disaster Retief and Emergency Aisistance AcI, "" at"nd"d (42 U-S'C' S$ 5121 et seq') and
Section662ofthePostKatrinaEmergencyManagementAct(6U'S.c.s762).
additional resources on htto//www.leP.goY.
DHS-FEMA-EMPG.FY2O Page I of 34 City of Kent EMD' E21'125
A portion of the 20EMpG is passed through to localjurisdictions and tribes with emergency management
piSJriru to supptement tn'"ir tocal/triba-i operating budgets to help sustain and enhance emergency
in"i"g.*"nt capabilitLs pursuant to Washington Administralive Code (WAC) 118-09'
1. The subrecipient shall use the EMPG funds authorized under this Agreement only to pefform
tasks as described in the work ptan oi mL subrecipient's application for funding, as approved by
the Department and incorporated into this Agreement'
Z. Funding may not be used to replace or supplant existing local or tribal government funding of
emergency management Programs'
3. The Subrecipient shall provide a fifty percent match of non-federal origin. The Federal share
applied toward the EMpG budget snatt'not exceed fifty percent of thetotal budgel as submitted
and approveO i"tnr appficatioriand documented in the-Budget (Attachment E).. To meet matching
requirements, the Subrecipient's cash matching contributions'must be considered reasonable,
altowable, attocable, and necessary under the frant program-and 1t5t gryPly with all Federal
requirements and regulations, inctloing, uut n6t.timitedto, 2 cFR Part 200' An appropriate
mechanism must be i-n place to capture]irack, and document matching funds. ln the final report,
the Subrecipient shall identify how the match was met and documented'
4. lf funding is allocated to emergency communications, the Subrecipient rnust ensure that all
projects ,orprv *itf'-SnFgCoN-Guidance on Emergency Communications Grants ensuring the
investments arl compatible, interoperaote, resitient, ind support nationalgoals and objectives for
improving emergency comm unications'
O. Subrecipients are encouraged to participate inlhe State's annual Training and Exercise Planning
Workshop Oepwiirn@raiec rrbpai"iin"s Planning Workshop (IPPW) or may conduct their
own local/regional TEPWI PPW.
6
7
Countering Violent Extremism Prior to attendance.
All personnel funded in any part through fe_deral award or matching funds under this Agreement
shall complete and record proof of completion of:
a. NIMS training requirements outlined in the NIMS Training Program loc-ated at
httos:/irnnffiv.fima.qovlpdf/emerqencvlnims/nims traininq proqram.odf (to include ICS-
@Enu ts_goo for most personnel) and
b. Either (1)the FEMA Professional Development series ls--120, ls-230, ls-235, lS-240, tS-
241,15-242, "no
lb-z+a , or (2lthe 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 20EMpG funding, the subrecipient shall comply with all applicable DHS terms and
conditions of the 2OEMpG Award Letter "nJ
iti incorporated documbnts for DHs Grant No' EM5-2020-
Ep-00002-S01, which are incorporated and made a part of this Agreement as Attachment F'
DHS.FEMA-EMPG.FY2O Page 9 of 34 City of Kent EMD, E21-125
A.1
A.2
A.3
A.4
A.5
A.6
Washington State Military Department
GENEdAL TERMS AND CONDITIONS
Oepartment of Homeland Security (DHS)/
Federa'l Emergency Management Agency (FEMA)
Grants
ffifrffighout this Agreement, the terms wiil have the same meaning as deftned in 2 cFR 200
Subpart A (which i" in"JrpJtat"O freieln Uy reference), except as othenruise set forth below:
a. "Agreement" means this Grant Agreement'
b.,,Depaftment,,meansthewashingtonstateMilitaryDepartment,asastateagencylanydivision'
section, office, unit or other entity of the Departmeni, or any of the-offrce.rs or other officials la*ully
representing that Department. .
Tne-oepahment is a recipient of a federal award directly from a
federal awarding agency and is tn"-plJniough entity'making a subaward to a subrecipient
under this Agreement'
c,..subrecipienf,whencapitalizedisprimarilyusedthroughoulthis|or.e.ementinreferencetothe
non-federal entity identified on tne Face Siieet of this Aireeme$ lFt hasreteived a subaward
from the Department. However, tn" oliinition of "subreiipient" is the same as in 2 cFR 200'93
for all other Purposes'
d.,,MonitoringActivities"meansalladministrative,financial,orotherreviewactivitiesthatare
conducted to ensure compliance *itn ,iLititr and federallaws, rules, regulations, authorities and
policies.
e'.lnvestment,meansthegrantapplicationsubmittedbytheSubrecipientdescribingtheproject(s)
for which federal funding i. soughl-"nJ provided .unoer this this Agreement' such grant
application is neieUy incoiporated into this Agreement by reference.
tsinadvanceorinanticipationofgoodsorservicestobeprovided
under this Agreement. subrecipient shail noi inuoi." the Department in a?vance of derivery and invoicing
of such goods or services'
AMENDMENTS AND MOqlFlcaTloNS .^^r in ..,ri*inn /
The subrecipient or the Department. may request, in writing' an amendment or modification of this
Agreement. Ho*euei, wih "menor*,it
oi-roditicaton shart not be binding, take effect or be
incorporated herein uniir ,"0" in writing il ;bil;y tne autnorized representatives of the Department
and the subrecipient. No other understaliii^sir ii a6reements, written or orar, shat be binding on the
parties.
The Agreement performance period shall only be. extended by (1) written.notification of DHSIFEMA
approval of the Award performance period, forio:weA up.with a. ttjtuLfiV agP.99 written amendment' or (2)
written notification from the Department td tn" suurebpient to pio"Li* ioditionat lime for completion of
the SubreciPient's Project(s)-
As federal a basis for this Ag reement,the SubreciPientare
Attachment B
certifies that the SubreciPient is not
declared ineligible'or voluntarilY excluded from
tl
*" ,uor""ipient must compry with the ADA, which provides comprehensive.civir rights protection to
individuals with disabilities in the areas?',trprov'n"nt, public accommodations, state and local
tovernment seruices, and telecommunication'
ASSURANCES
ffiffi,attt"nt and Subrecipient agree that all
;iih;il iil applicable current federal' state and
activity pursuant to this Agreement witl be in accordance
local laws, rules and regulations'
debarred, susPended,proposed for debarment.
participating in this Agreement bY any federal department or agencypresentlY
DHS-FEMA-EMPG-FY2O Page 10 of 34 City of Kent EMD' E2'l-125
A,7
The subrecipient shall complete, sign, and return a certification Regarding Debarment' suspension'
tnetigibility, and voruntary- E*.tr*Ion form- tocated at h$9:l/mil'wa'oov/emerqqncv'manaqement-
division/qrants/reouiredoranfoFs. Any..u"n tott completfr-Uy tne Subrecipient for this Agreement
sh"ll be irtcttporaied into this Agreement by reference'
Further, the subrecipient agrees to comply with all applicable. federal regulations. concerning the federal
debarment and suspension system, incruoinf"ib-f{ F"rt reo. The Subrecipient certifies that it will
ensure that potentiar contractors or subrecipir"nG o, any of their principars are not debarred, suspended,
proposed for debarmuni, J""ftt"d ineligi'ble, or voluntarily excluded from participation in "covered
transactions,, by any federal department-or'rg"n.y. "covered transactions" include procurement
contracts for goods or services awarded under a non-procurement transaction (e'g. grant or cooperative
agreement) that are expecfed to equal or-eiceed $2S,OOO, and subawards to Subrecipients for any
amount. With respect to covereo iransactions, 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 Managemeni di;;/;il,;;ttaAdj maintaineO b.V th9 federaigovernment'. The Subrecipient
also agrees not to entei into any arr"ng*il-ents or contracis with any party on the Washington State
Department of Labor' anO lndustries' "Debaired Contractor List"
thttps,//secure.tni.wa.oov/detarandslriktcontfactorDqb?rLis!.asox)' The Subrecipient also agrees not
toenterintoany"g,eandserviceswithanypartyontheDepartment of Enterprise services' Debarred Vendor LiSt
thtto,//,*rw.des.wa.oovlservicesldontractinqPurchasino/Business/Paoesru,endor-Debamenlasox)'
CERTI FICATION REGARDI NG RESTRJCTIONS 9N LpBBYJ;ry G
Asrequiredovaacthattothebestofitsknowledgeand
belief: (1) no federally appropriateO funOshive been paid or will be paid by or on behalf of the
Subrecipient to any puiton ior influencing oi attempting to influence an officer or employee of an agency'
a Member of Congress, an officer or employee of
'Corigress, or,an employee of a .Member of Congress
in connection with the awarding of any teoJrai"ontr..[, th".r"king of any federal grant, the making of
any federal loan, the LnGring" into oi-any cooperative ag.reement' and the extension' continuation'
renewal, amendment, or modification of
"ny
teodrat contracl,.grant, loan, or cooperative agreement; (2)
that if any funds other than federat appropriated funds have'been paid or will be paid to any person for
influencing o1' "tt".piing to inriu"n." "n
om."t or employee of any ag-ency, a Member of Congress' an
officer or employee of Congress, or an "tpfo'"" oi aMember-of
-Congress in connection with this
Agreement, grant, loan, or c-ooperatiu. agteJt;nt, 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 wilt require maiit'e"bngu;g" of this certification be included in the award
documents for all subawards at all tiers (incfuUing sriOco-ntracts, subgrants, and contracts under grants'
loans, and cooperative agreements)and il'r"l rji iirnrecipients shall cJrtify and disclose accordingly' This
certification is a materiari"pies.ntation otraciupon which reriance was placed when this transaction was
made or entered into and is a prerequisite toi mifing or entering into this transaction imposed by section
1352, title 31, U.S. Code'
A.8
The Subrecipient and all its contractors and subreciPients shal I comply with, and the DePartment is not
responsible for determining complian ce with, anY and all applicable federal,state, and local laws,
reg ulations, executive orders,OMB Circu lars, and/or Policies This obligation incl udes, but is not limited
to: nondiscrim ination laws and/or policies, EnergY Policy and Conservation Act (PL 94-163, as amended),
the Americans with Disabilities Act (ADA), Age Discri mination Act of 1975,Title Vl of the Civil Rights Act
of 1964, Civil Righ ts Act of 1968, the Robert T. Stafford Disaster Relief and EmergencY Assistanca Act,
(PL 93-288, as amended),Ethics in Public Service (RCW 42.5?),Covenant Against Conti ngent Fees (48
CFR Section 52.203-51, Public Records Act (RCW 42.56), Prevail ing Wages on Public Works (RCW
39.12),State Environmental PolicY Act (RCW43.21C ), Shoreline Ma nagementActof 1971 (RCW e0.58),
State Building Code (RCW 19.27), EnergY Related Building Standards (RCW 19.274),Provisions in
Buildings for Aged and Handica pped Persons (RCW 70.92), and safetY a nd health regulations.
ln the event of noncomPlia nce or refusal to comPlY with any aPPl icable 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 Pafi The SubreciPient is
DHS-FEMA.EMPG-FYzO Page 11 of34
in its sole discretion.
City of Kent EMD, E21-125
A.9
A.10
responsibre for ail costs or riabirity arising from its fairure, and that of its contractors and subrecipients' to
comply with applicaoelaws, ,egutations, executive orders, oMB Circulars or policies-
ffitheDepartment;nomember,o.ffice-r,oremployeeofthe.Subrecipientorits
designees or agenti-no **,nu*i, of the'g;v;;;i6 oo_oy ot $re iurisdi;tion in which the proiect is
undertaken or rocated; and no otner offiEiar-oi tf,* su'brecipienl who exercises any functions. or
responsibirities with ,irb"rt t9 tne project ourrng his or her.tenuie, shail have any personal or pecunlary
gain or interest, Oirect or indirect, in any .*iti.t, iubcontract' o', tne proceeds thereof' for work to be
;!6";ffiln .onn".tiln *itn the projec[ assisted under this Agreement'
TheSubrecipientshallincorporate,orcausetoirrrcorporate,inallsuchcontractsorsubawards,apt*itl". p"riiibiting sucn interest pursuant to this provision'
ompetitiveprocuremen.tprocessintheprocurementandawardof
any contracts witn contractors oi iuu.'untractors that are entered into under the original
agreement award' The procuretn"niffitt t"rr9i'^"9'thall be in accordance with 2 cFR Part
2OO. 3 1 I eeneiaipro"ur.tent stanOirOs throug h 2OO'326 Contract provisions'
As required by Appendix ll to 2 CFR part 200, ail contracts entered into by the subrecipient under
this Agreem"ii ,Ilit in"tude the foltowing provisions, as applicable:
1) contracts for more than the simplified acquis.ition threshold currently set at $250'000' which
is the inftation adjusted "*orniiutlrminio
by the ciuili"n AgencyAcquisition council and
the Defense Acquisition n"griuti*; Councitlcoun"its; as iutnoiizeo by 41 u's'c' 1908'
must address administrative, clniiactr"r, or legal reme'dies in instances where contractors
viotate or breach contract term;;ilffi;o! ror"*"n sanctions and penalties as appropriate'
2)Allcontractsin6xcessof$l0,000mustaddressterminationforcauseandforconvenience
by the non-ruo"r"r entity including th; r"nner 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 ihat meet the definitidn oi t"i"r"ilv assisted Construction contract" ln 41 cFR Part
60-1.3 must include the equJi opportunity_claus-e-provided.under 41 cFR 60-1'4(b)' in
accordance with Executiv" oil"i"ilzao, ;gqual Enbtoyment.opportunity" (30 FR 12319'
i2935, 3 CFR Part, 1964-feiibo*p., i S-Se1, aiimlnOed by'Executive Order 11375'
,.Amending Executive oroer i tz+,a' ieiating'to Lquar EryRlovment opportunity"' and
imptementing regulations at 4i ;in' pari- O'0, "Office of Fideral 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
legistation, all prime aonrtruAiin cbntracts in excesi of $2'00d awarded by non-federal
entities must inctude, provis'ilil;;#pdnce with the Davis-Bacon Ac't (40 u's'c' 3141-
3144,and3146.3148),,",p-pt"'"nt"o,oyo"partmentofLaborregulations(2gCFRPart
5, ,,Labor Standards provisioris-AOnfi*U( t-o Contracts Covering Federally Financed and
Assisted cOnstruclion,'). ln """otoln"*
with the statute, contractois.must be required to pay
wages t" r"o"*i, anu mecnail*it " tut" not less than the prwailing wages specified in a
w"g" olto;n"tion ,ao" ov it" 'i".ri,lrw, gi r-auor ln addition, contractors must be
required to pay wages not les! tfran once a week' The non-federal entity must place a copy
of the current prevailing *"g" l"iilination issued by the Department of Labor in each
solicitation. The decision to award a contract ol. ,ub"ont'act must be conditioned upon the
acceptance of the wage detei*ln"tion. The non-tederal entity must report all suspected or
,eportej'vio[tion, to-tne feleral awarding 399ncy' The contlagts.must also include a
provision for comprian"" *iti-'tt*-dop"i""no;nnti-t<ict back" Act (40 u's'c' 3145)' as
supptemented by g".ofltTq;i oi-l-"b.i. regulations (29 CFR..Part 3, "contractors and
subcontractors on pubtic euiiiing- oi irnrir frork Finariced in whole or in Part by Loans or
Grants from the united states"). The Act provides that each contractor or subrecipient must
Oe proni[iifi irom inOr"ing, 'by any m.bans, any p"'son employed in the construction'
completion, or repair of public wbrf, [o give up any p"tt of the cbmilensation to whlch he or
DHS-FEMA-EMPG.FY2O Page 12 oI 34 City of Kent EMO'E21-125
she is otherwise entifled. 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,
a1 contracts awarded bt ih; non-federal entity in excess of $100,000 that involve-the
"r"pr"v*"ioimecnanicl
or taoorers must include a provision.for compliance with 40 9;S.c
i1702and3704, as supplemented by Department of Labor regulations (29 CFR Part 5)'lJnder
40 u.s.c. 3702 of the Act, each contractor must be required to_ compute the wages of every
mechanic and laborer on ih" basis of a standard work week of 40 hours. Work in excess of
the standard work *""r is'p"imiltiOt" provided that the worker is compensated at a rate of
not less than one and a haif times the basic rate of pay for
-all
hours worked in excess of 40
hours in the work week. irre requirements of 40 U.S.i,3704 are applicable to construction
woir-and provide that no laborer or mechanic must be required to work in surroundings or
unoei working conditions which arc unsanitary, hazardous .
or dangerous' These
requirements do not
"pprv
to the purchases of supplies or materials or articles ordinarily
available on the op"n *"ri,"t, or contracts for transportation or transmission of intelligence'
6) Rights to lnventions Made Under a Contract or Agreement' lf.the federal award meets the
definition of 'funding "gr.;.nt; under 37 CFR S4b1-2 (a) and therecipient or Subrecipient
wishes to enter into a contract with a small busin-ess firm or nonprofit organization regarding
the substitution of parties, assignrn"nt or performance of experimental, developmental, or
research work under that'"fund-ing agreement," the recipient or Subrecipient must comply
with the requirementr oi cz cFh Fart 401: 'Rights to lnventions Made by Nonprofit
organizations and Small Business Firms Undei Government Grants, Contracts and
co|ferative Agreements,;
"nc "ny
implementing regulations issued by the awarding agency'
7) Ctean Air Act (42 U.S.C. 7401-7671q,) and the Federal water Pollution control Act (33
u.s.c. 125'l-13g7), as amended-c'Onkacts and subgrants of amounts in excess of
g150,000 must contain " proui.ion tnat requires the non-federal award to agree to comply
w1h all applicable stanoarOs, orders or regulations issued pursuant to the Clean Air Act (42
U.S.C. 7401-7671qt anJ tfre Federal Waler Pollution Control Act as amended (33 U'S'C'
1251-13g7). ViolatiOns musioer+orteo to the federal awarding agency and the Regional
Office of the Environmental Protection Agency (EPA)'
g) Debarment and Suspension (Executive Orders 125/;9 and 12689fA contract award (see 2
CFR 1g0.ZZ0) must not Oe ni"J" to parties listed on the government-wide exclusions in the
system for Award rvr"n"g#"ni ts4yr1,-i1^rccordance witn the oMB guideline.s.at 2^9FR^180
that implement Executiv!-OrJ"td fl54b (3 CFR part 1986 C-oTP:,.p: 189) and 12689 (3 CFR
part lggg Comp., p. z5sj,
-"D"b"tr"ni ano Suspension." .SAM Exclusions contains the
names of parties oeUarreJ, suspendeU, or otherwise excluded by agencies' as well as parties
declared ineligible unaei siatutbry or regulatory authority other than Executive Order 12549'
g) Byrd Anti-Lobbying Amendment (31 U.S.C. 13s2)-Conhactors that apply or bid for an award
*""""Jing $rob,o-oo rr"int" thL required certirtcation. Each tier certifies to the tier above
that it will not and has noi used federal appropriated funds to pay any person or organization
for influencing or attemp,irg i" inlLen""'dn officer or employee of any agency, a member of
Congress, officer or employee of Gongress, or an empioyee of a member of Congress in
connection with obtaini;;;t iederal"contiact, grant or a.ny other award covered by 31
U.S.C. 13S2. Each tier rilustitso disclose any toOOying with non-federal funds that takes
ptace in connection witfr'oUiaining 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. "g"n"v
oi a political subdivision of a state and its contractors must
"o,,.,pfv
*itf' ""Jtion
60021f the Sotid Waste Disposal^Act, as-amended by the Resource
conservation and n".*w nct. The requiremenis of Seetion 6002 include procuring only
items O"signated in guidelines of the Enviionmental Protection Agency (EPA) at 40 CFR part
247 lhalcontain tne hghesi percentage of recovered materials practicable, consistent with
maintaining a satisfactoryluu"lot comietition, where the purchase price of the item exceeds
$10,000 or the vatue oitnrluantity'acquired during tlte preceding fiscal year exceeded
g10,000; procuring solid wasti manigerent services in a manner that maximizes energy
DHS-FEMA-EMPG-FY20 Page 13 ol 34 City of Kent EMD'92'1"125
b
and resource recovery; and establishing an afFrrmative procurement prOgram for
iro.ui.r"nt or ?.ecoverdo materials identified in the EPA guidelines.
11) Notice of federal awarding agency requirements and regulations pertaining to reporting'
12) Federalawarding agency requirements and regulations pertaining to copyrights and rights in
data.
13)AccessbytheDepartment,thesubrecipient,thefederal.awardingagency'thecomptroller
General of the United States, or any "iif'"iiO"fV
authorized representatives to any books'
documents, papers, and records of the conhactoi which are directly pertinent to that specific
contract for the d;;; oi *"ring audii, examination, excerpts' and transcriptions'
14) Retention of all required records for six (6).years after the Subrecipient has made final
' '' p.Vt.nts and all otlrer pending matters are closed'
15) Mandatory standards and policies relating to energy,.efficiency which are contained in the
state energy conservation ptan issuei' in co,iptiance witn tn" Energy Policy and
Conieruatidn Act (Pub' L' 94-163' 89 Stat' 871)'
16) Pursuant to Executive order 13858 "strengthening. Buy'American Preferances for
lnfrastructure Projects," the Departm"tit "*outiles SiUrecipients to use' to the greatest
extent practicantJ anJ consistent witn'iil'raw,'Ui* ut" of gdods, products, and materials
produced in the united states in every .ontrr"t, subcontrac't] purchase order, or sub-award
in.ii" .n"rgeaule against federal financial assistance awards.
The Department reserves the right to review the subrecipient's procurement plans and
documents and require the Subreciplent,to iratt "1'"ng""
to biing its pians and doclments into
compliance with the ;;il;;;"ts;f z Cri Fart 200:31S throuih 200'326' The Subrecipient
mustensurethatitsprocurementprocess."q'i'"tcontractors-andsubcontractorstoprovide
adequate documentation *itn sufficient oetairlJ iupport the costs of the project and lo allow both
the Subrecipient and Department to make a determination on eligibility of project costs'
AllcontractingagreementsenteredintopursuanttothisAgreementshallincorporatethisc
Agreement bY reference'
A.11
A.12
A.13
ffitEclosurebyanypartyofanyinformationconcerningthe-Departme$foranypurposenot
direcry connected wiih til ;d;iniltration-oi ine oeJ"rtment's orihe subrecipient's responsibilities with
respect to services piouioli- ,"der this d;;;;tt:t.o,.t"1iuit"9 except by frior written consent of the
Department or.. r"qr'ii"o to comprv witn ine state Public Records Act' other law or court order'
ffiffi"thenrvise provided in thjs Agreement, when a bona fide dispute arises between the parties
and it cannot be resorved through oir"ulsion-anJ negotiation, eirher party.may.request a dispute
resorution panerto resorve the dispute. n requ-e"iior a oGpute resorution boaid srran be in writing' state
the disputed issues, ;;i; d;r;iaiiue positiJns ot tne partier,
"nJ
6e sent to a' parties. The panel shall
consist of a representative appointed by thebepartment, a r.presentative appointed.by the subrecipient
and a third party mutually agreed upol -b; [J[ pttti"t' 1d g,an"l shall' 6y majority vote' resolve the
dispute. Each party ,nriin.,:"itne cost toi iis paner member ano itr attoiney fees and costs and share
equatfy the cost of the third panel member'
ffigreedthatthisAgreementissolelyforthebenefitofthepartiestotheAgreement
andgivesnorightto_anyotherparty'Nojointventureorpartnershipisformedasaresultofthis
+:?"ff;:nt arowed by raw, the subrecipient, its successors or assigns, wiil protect, save and hord
harmless the Department, the state of ![;;i"gt";,.and the united-states Government and their
authorized agents and employees, from all claimi actions, cosls, damages Or expenses of any nature
whatsoever ny reasoi oiir.,"'""t*'o'. omi"s-i;; ;i ih* subrecipient, itslubcontrac'tors, subrecipients'
assigns, agents, "onirr"torr,
consultants, ti""nt""t, invitees' imployees-or any person whomsoever
arising out of or in "on*ciion
with any ""tr or activities authorized by this Agreement'
DHS-FEMA-EMPG.FY2O Page 14 ol 34 City of Kent EMD' E21-125
A.14
A,15
A.16
A.17
A.18
A.19
To the extent allowed by law, the Subrecipient further agrees to defend the Department and the state of
Washington and their autnorizeO agents and employeeJin any litigation; including payment of any costs
or attorneys,fees for
"nV "f"ir" or-action commented 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
,oi" n"gfig"nce of the-Department; provideJ, tn"t ii the cliims or damages are caused by or result from
the concurrent negligence of (1) the Department, and (2) the subrecipient, its agents, or employees' this
.rJ","",ty provisio-n itratt oe vitio and enforceable onlyio the extent of the negligence of the subrecipient'
or the Subrecipient's agents or employees'
lnsofar as the funding source, the Department of Homeland Security (DHS)/Federal Emergency
Management Agency 1Ffff,ln1, is an agency of the Federal government, the following shall apply:
44 CFR 206.g Nonliabilitv. The Federal government shall not be liable for any claim based upon the
exercise or performafrilt, or the failure 6 exercise or perform a discretionary function or duty on the
part of a federat "g"n"y
oi "n
emptoyee of the Federal government in carrying out the provisions of the
Stafford Act.
LIMITATION OF AUTHORITY - AUTHORIZED SIGNATUBE
The signatories to this Agreement repre6T-ifr11-i66 have the authority to bind their respective
organizations to this Agree"ment. only'the Departmentis Aulhorized signature representative and the
Authorized signature iepiesentative 'ot 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 Agreemint is not effettive or binding unless made in writing and signed
by both parties, Authorized Signature representatives, except as piovided for time extensions in Article
A.3.
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, reqriests for changes to projects or work plans, and other requests, certificalions
and documents authorized by or required under this Agreement.
LOSS OR REDUCTION OF FUNDING
ln the event funding from st"t", f"deral, 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 workllan and budget or unilaterally terminate all or part of the Agreement as
a,,Termination for Cause" without providing tie Subrecipient an opportunity to-9ut9: Alternatively' the
parties may renegotiate tne terms of this Alreement under "Amendments and Modifications" to comply
*itn n"* fJnding lim1ations and conditions,-although the Department has no obligation to do so'
NONASSIGNABILITY
Neither this Agreem"it, nor any claim arising under this Agreement, shall be transferred or assigned by
the Subrecipient.
NONDISCRIMINATION
The Subrecipient sha-ll 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' sexualorientation, religion'
national origin, marital status, nonoribly discharged veteran, or military status, or disability (physical,
mentat, or Jensory) be denied the benefits of, oI otherwise be subjected to discrimination under any
protect, program, oi activity, funded, in whole or in part, underthis Agreement'
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'
(OSHAIWISHA)
The subrecipient represents and warrants that its work place does now or will meet all applicable federal
and state sat"iy anci health regulations that are in effect during the Subrecipient's performance.under.this
Agreement. fo tne extent alloied by law, the Subrecipient further agrees to indemnify and hold harmless
DHS-FEMA-EMPG-FY20 Page 15 ol 34 Citv of Kent EMD' E21-125
A.20
A.21
A.22
theDepartmentanditsemployees-and.agentsfromallliability'damagesandcostsofanynature'
incruding, but not rimii;lio,[o3i, ot suits-ino'rttorn"y.,fees asiessed against the Department, as a
;;;;li "iih; failure of the subrecipient to so complv'
OWN ERSH I P OF P Bo J ECT/.C:AP ITAL F' Ac I I'l Tl FS ---'
The Department ma[eGi67im to any ci[G-a-"itities or reat property improved or constructed with
funds under this Agreement, and by this sudaward of funos does'not'and wiil not acquire any ownership
interest or ti*e to such property of the srJr*ip*i"^t, ihq.subiecipient shall assume all liabilities and
responsibirities arising frbm the.ow1"rg1lo "ni
.i-n"r"tion oitng nioii* and agrees to indemnify and hold
the Department, the ;tafe ot Washington,.;;J tfltUnited Statei touernmeni harmless from any and all
causes of action
"titii'tg
;; tnl owriership and operation of the project'
ffiprovidedhereinshallbeusedforanypartisanpoliticalactivityortofurtherthe
election or defeat of any candidate tor puoiiJoriil oi innu"n"6 ine approval or defeat of any ballot issue'
A'23 +Hffiipient asrees to submit.to tfre..Deg{ry:t^Il'::l:::J*'"?,3::o::fl:'J3":l1J#1"'*
matters rerating to this Agreement wherein the bepartm"it'r n.r" is mentioned, or language used from
which the coniection of the Department's name ruy,'in tn" olpartment's judgment' be inferred or
impried. The subrecipient agreer.*t to pubrish or rr" "r.n "au"rtiiing
ano pubticity matters without the
prior written "onr"ni
bt tne Separtnie;i. ?h; subrecipieni t"/*pvtidht original work it develops in the
course of or under this Agreement; rr-owevei purru"nt.to i cFh pirt zioo-gt 5, FEMA reserues a royalty-
free, nonexclusive, and irrevocanre'ricense'[o reproduce, puurisn or othenruise use' and to authorize
others to use the work for government purposes'
pubrication resurting from work performed under this Agreement sha* incrude an acknowredgement of
FEMA's financiar support, by the nrlirtrnc"Li.tingr ruuiioer (formerry cFDANumber), and a statement
that the puUtiJalion ii"u not "on"tiiJi!'ln "nJooJtent
by FEMA or reflect FEMA's views'
A.24ffintfailstoexpendfundsurrderI!j:-ryj:"3:*,i::::*:li",g.[33::iro*
federal, state, and local laws, *grr"i["r, "nolo,
ttre provisio-ns of the Agreement' the D*partm€nt
res€rves the right to recapture trnos in'an amount equivJteniio the extent of noncompliance' such right
of recaprure s[a, exist for the rit"liine pri"rt torio*i"g Ai6*ent,termination. Repayment by the
subrecipient oiirnJJ under this reclaptufu'pr*irion shali-occ-ut*ithin 30 days of demand' ln the event
the Department is required to iniiiiute llgal .proce"ding" t "{ol": the recapture provision' the
Department ,iirii" l.iitteo to iir
-.ort" -and'expent"J1nE
"ot,
including attorney fees from the
SubreciPient'
^.25ffiSubrecipientagreestomaintainaltboots,records:,111,3llf;.:::?shI[i3:;lJo"''
other electronic or written ,""ora, n"cessrry to surt"ientry and proper v reflect the subrecipients
contracts, subawards, grrnt
"orinistration,
r*j';;fi;nts, 'inciuoing all.d.irect and indirect
charges, and expenditures in tn" p".rtit"nce of this Agreement (the "records")'
b. The subreclpient,s records related to this Agreement and the projects funded may be inspected
and audited by rhe oepartmeiriJr itr o'"rign"",_dihi oF9"^"ll!: state Auditor, DHS' FEMA or
their designees, by tne corilir;rri a"nE "r
or.ftr" United states or its designees' or by other
state or federal officiats ."in[rii"J ny law, tor tiie prrfor.. of determining compliance by the
subrecipient with the tur*r'oi t[i" Agreement ,"J tl olt"rmine the appropiiate level of funding
to be Paid under the Agreement'
otherwise eligible as project costs
DHS-FEMA.EMPG.FY2O Page 16 of 34 City of Kent EMD, E21-125
c.
d
The records shall be made avaitable by the subrecipient for such inspection.and.audit' together
with suitable space for such purpose, at any-ana'all times during the subrecipient's normal
working day.
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.siiigj vears following final payment and closure of the
grant under this AgreJn;n1. Oespite tft" ririniitum federal ietention requirement of three (3)
;";;;,ih; ;or" "trtrg"ni
st"te ,rqrirement of six (6)years must be followed-
A_26
4.27
A.28
While the Department undertakes to assist the SubreciPient with the project/statem ent of worldwork Plan
(proje ct) by providing fed eral award funds Pursuant to this Agreement,the project itself remains the sole
responsibilitY of the SubreciPient The Department undedakes no respons ibility to the SubreciPient, or
to any third PartY,other than as is expressly set out in this Agreement'
The resPonsibilitY for the design, develoPme nl, construction, im Plementation,operation and maintenance
of the proiect, as these phrases are aPPlicable to this Project, is solelY that of the Su brecipient, as is
responsibilitY for a ny claim or suit of anY nature by any third PartY related in anY way to the Project.
Prior to the start of anY construction activitY, the Subrecipient shall ensure that all applicable federal,
state, and local Permits and clearances are obtained, including'but not limited to,FEMA comPliance with
the National Environmental Policy Act,the National Historic Prese rvation Act, the Endangered Species
Act, and all other environmental laws, reg ulations, 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 again st 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
pe rformance, 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 m aintenance of a Project
SEVERABILITY
lf any court of rightfuljurisdiction holds a.ny provision or condition under this Agreement or its application
to any person or circumstances invalid, thi's i;;;iidity d"* not affect other provisions, terms or conditions
of the Agreement, *ni"n ,un Oe given "ft.l*itn"'ui ine invalid provision' To this end' the terms and
conditiois of this Agreement are declared severable'
TheSubrecipientshallcomplywithandincffiirementsinanysubawards.
Non-federal entities, as Subrecipients of a federal award, that expend $750'000 or more in one fiscal
year of federal tunOsiiom all sources, direct and indirect, are required to have a single or a program-
specific audit condu.t"J in accordance wittr i CFn purt 200 Subpart F' Non-federal entities that spend
less than $750,000 " y"". in federal "*"rd, "r" exempt from federal audit requirements for that year'
except as noted in z crn part 200 subpartF. er defined in 2 cFR Part 200, the term "non-federal entity"
means a state, local government, lndian trine, institution of higher education, or nonprofit organization
that canies ouia fedeial 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 Gouirnt"nt Auditing Sl"^O"iOi iCnCnS-1 as found in the Government Auditing
standards (the Revised yeilow Book) o"ueropeo uv ihe'United states comptroller General and the oMB
comptiance supptemln1
-The subr6"ipi"ni["s iti" i"rponribility of notifying its auditor and requesting
an audit in comptiance *itn z cFR part20o'srnp"rt F, tb. includithe washington state Auditor's office'
a federal auditor, or a public accountant plrr"i,iirg work using GAGAS, as-appropriate' Costs of the
audit may be an atlowa[i" gi"nt expenditure as authorizedby 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. nesy'on*iio ,ny ,nr*rotu"J r"n"g"#nt findings and disa[owed or questioned costs
shall be included with the audit report. The Subrelipient ml"t -respond to Depa.rtment requests for
information or corrective action "on""rning-;;it
EJr"" or findings within 30 days of the date of
DHS.FEMA-EMPG-FY20 Page 17 of 34 City of Kent EMD, E21-125
request.TheDepartmentreservestherighttorecoverfromtheSubrecipientalldisallowedcosts
resulting from the audit'
After the single audit has been completed, and if it includes any audit findings, the Subrecipient must
send a fuil copy of the audit and its c'";;;;ii";Ariion pr"nlo the bepartment Jt the following address no
tater than nineigJ monir,r utt"r the end of the subrecipient's fiscal year(s):
Contracts Office
Wash in gton Military DePartmertt
FinancJoivision, Building #l TA'20
CamP MurraY, WA 98430'5032
The Department retains the sole discretion to determine whether a valid claim for an exemption from the
audit requir"t"nt. of tnis provision has been established'
conducting a singre or program-specific audit in compriance w*h 2 cFR part 200 subpart F is a material
requirement of this Agreement rn tn-e aosenc* oi i u'"rio i.ir ot
"""mption
from the audit requirements
of 2 cFR part 200 subpart F, the su'irJ'cipi"^tb faiture g ffiov witn saio audit requirements may result
in one or more of the following action!'ii1'ri" o"purtment's sole discretion: a percentage of federal awards
being withhero uniirlne audit-is comp-teteo in accordance;iih 2 ciR Part 200 subpart F; the withholding
or disallowing of overhead costs; #.ii#;H;;;;;;a"wards until the audit is conducted and
submitted; or termination of the federal award'
A 2e {:qryi:ti:9$::llt iil,::i:??':1":lJlH$$::T;*n,'n'
subrecipient, and/or employees "r fi;,*;rrorminslng;;iht Agreeme.n] are nbt employees or agents
of the Department in any malnel *E.troJu*r. Th;subre.ipirni*irr not be presented as, nor craim to
be, an officeroremproyee ortne oepa?ir-Jni;i r;;."*f iniJAgt""r"nt,.norwitlthe subrecipient make
any claim, demand, or applicatio-n tl oi fo, any right ot ptiuif"d applicabte to an officer or employee of
the Deparrm..i * iriinJJtate ot wasnington by ieason "iinii ngl'*ment, incrudrng' but not timited to'
Workmen's Compensation ,ourr"ii, uli"n,,pfofment inswan& Oenenis' socia[ security benefits'
retirement membership or credit, oi";riuir"g; Jr oenefit wrricn wouto accrue to a civil service employee
under ChaPter 41'06 RCW'
rt is understood that if the subrecipient is anorher state department, state,agency, state university, state
college, state community.colleg.e, ,;G board, or state commission' that the officers and employees are
employed by th;;i;A oi W"rtiington-in1n*it own right and not by reason of this Agreement'
A.3offif;f;'Agreement,.tl":u!l"."jp.':.{11f"j::r::':l':j":*#-il."[3i".^
in cunent status alltaxes' un"mpoffil'#dff;ilf!'es' licenses' assessments' permit charges and
expenses of any other kind-fo, tn"'Sun*ipient or its siair required by statute or regulation that are
applicable to Agreement performance'
A'31.Agr."e.Te1!theSubrecipientmayterminatethisAgreementby
providing writtei noiic'e of such t *in"tioi to tne Departr"rik"v Personnel identified in the Agreement'
specifyingtneetrectivedatethereof,"tt*'"tthirty(30)dayspriortosuchdate.
Exceptasotherwiseprovide.d'inthisAgreement'lheDepartment,initssolediscretionandinthebest
interests of the state of washingtonl;;;iili.;t" tn'r Agr;ement in whore or in part by providing ten
(10) catendar days written notice, olgin;ing-on the seconiJ"y"tt"t mailing to the subrecipient' upon
notice of termination for conveni"n"E, in" bepartment ieserul,s the right to suspend all or pad of the
Agreement, withhord further p"vr"iir, "ipr"riiniitn"
sluiecipilnt frori incurring additional obligations
of funds. tn the event of terminatil'^, in" SuLrecipient rnarr-u! rirble for all damages as authorized by
raw. The rights and remedies or tn'"'d"p.rtreni brouioeJioi in tt is section shall not be exclusive and
are in additionL *v other rights and remedies provided by law.
A.32n,determinestheSubrecipienthasfailedtofulfillina
timety and proper mannsr its obligaiiiis unJ".l. tn9 agr;ement, is in an unsound financial condition so
as to endanger performanc€ n"JJrnJ"t,'is-in viotaii* oi"n' laws or regulations that render the
subrecipientjrnabre to perform ".v'"ri".ioi tn" ngr""rlni'"r nas viorat6d any of the covenants,
DHS-FEMA-EMPG-FY20 Page 1B of 34 City of Kent EMD'E21-125
agreements or stipulations of this Agreement, the Department has the right to immediately suspend or
timinate this Agreement in whole or in part'
The Department may notify the su.brecipient in writing of the need to take corrective action and provide
a period ot time in wriicn to cure. rne oJpartmenl is no1 r"quir"o to allow the subrecipient an opportunity
to cure if it is not feasible as determin"i'""r"iv *ithin the department's discretion. Any time allowed for
cure shalt not diminish or eliminate tn" suii"lipient's liabiliti for damages or.otherwise affect any other
remedies available to the Departmeni. rririe oJpa'tment allows the subrecipient an oppofiunity to cure'
the Department shall notify the suoiecipient in writing of the need to take corrective action' lf the
corrective action is not taken wnnin ten (i"oi caGnoar diys or as otherwise specified by the Department'
or if such corrective action is deemed'bythe Department to be insufficient' the Agreement may be
terminated in whole or in Part'
The Department reserves the right to suspend all or part of the Agreement' withhold further payments'
or prohibit the subrecipient from i;;ilg ;;ditionat obligationjgf frlnps during investigation of the
alteged .orpri"ir" 6iJa*,, p"nuiniloir;;;; ";ii.l .uv tnq subrecipient, if allowed, or pending a
decision nV tne Oepartr".tti,iterminiate the Agreement in whole or in part'
ln the event of termination, the subrecipient shall be liable.for all damages as authorized by law' including'
but not limited to, any cost differen"J U"i*"un the original Agreement and. the replacement or cover
Agreement ano att aoministrative ""rtr oii""tly relatel io tnJ replacement..Agreement' e'9" cost of
administering the competitive soliciiJt-'roir ;;;;;", mailing, advertiiing and,other associated staff time'
The rights and remedies of the o"p"rtmuf,t provided tor li'tnis sectioi shall not be exclusive and are in
addition to any other rights and remedies provided by law'
lf it is determined that the subrecipient: (1) was not in default or material breach, or (2) failure to perform
was outside of the subrecipient', "-onirii,'t"utt
or negligence, the termination shalt be deemed to be a
"Termination for Convenience"'
A.33 TERMINATION PROCEDURES
ln addition to the procedures set forth below, if the Department terminates this Agreement' the
subrecipient shall follow any proced"i"r rp""iri"o in ft'" teimination notice. Upon termination of this
Agreement and in addition to any rGiriglit" provided in tnis Agre-ement, the Department may require
the subrecipient to deliver to the Depart-ment "ny.
prop"rty splcifically produced or acquired for the
pefformanc" oi ,rrr, pari of this Agreement as has been terminated.
lf the termination is for convenience, the Department. shall pay !o tn9 subrecipient as an agreed upon
price, if separately stated, for g..n-jf "rffoiit"A anO compteted work.and services rendered or goods
delivered to and accepted by the 6"i,"rtr".t prior to the Sffective date of Agreement termination' the
amount agreed upon by the subreci;;"t ;d tne Departm"nt io,. (i) completed-work and services and/or
equipment or supplies provided tor-*fricn no separate pti." it stated, (ii) partially completed work and
services and/or equipment or supplies piovided i"ni"n io
"ccepted
uy ihe Department, (iii) other work'
services and/or equipment or supplies which are accepteo uv ilrd 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. itin" i"imination is toicause, the departm"ot.n"ll deteririne the extent of the liability of
the Department. The Department sr."rirlau'" no other oniigation to the subrecipient for termination' The
Department may withhold from "nv "rg;"ts oue ,the-$ubrecipient such sum as the Department
determines to be necessary to prote;t 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 ne necessary'for'completion of such pottion of the
wort< unaer 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, iiir", ""J lnt"r"it ot tne sunrecipient under the orders and contracts
DHS-FEMA-EMpG-FY2g Page 19 of 34 city of Kent EMD'E21-125
so terminated, in which case the DePartment has the right, at its discretion, to settle or pay any
or all claims arisin g 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 ratiflcation shall be finalfor 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
the Department anY propefi which, if the Agreement had been comPleted, would have been
by
to the DePartment;req uired to be furnished
f. ComPlete Performa nce. of such Part of th e work as shall not have been terminated by the
Department in comPliance with allcontractual requirements; and
g Take such action as may be necessary'or as the DePartment may req uire, for the Protection and
preservation of the proPertY related to this Agreem ent which is in the Possession of the
Subrecipient and in which the Department has or maY acquire an interest.
A.34
A.35
A.36
The SubreciPient is encouraged to utilize busi ness firms that are certified as minority-owned andior
women-owned in carrylng out the purposes of this Agreement. The SubreciPient
th6 state of Washington MWBE
may set utilization
goals, as identified
standards, based uPon local conditions or maY utilize
in WAC 326-30-041
ffir."*ent shall be construed and enforced in accordance with, and the valldity and performance
sha, be governed by, ihe raws of the state riwrrningt*, venue of any suit.between the parties arising
out of this Agreement-snaf f be the Superioi iorrt ot-inuoton Coun$, Washington' .
The $ubrecipient'
by execution of this &;;;;, ".rno*r"ib;th; iurisoiaion of the iourts of the state of washington'
ffiffifi"ns or provisions of this Agreement can be waived unless approved in advance by the
Department in wrlting. ih-;bepartmenls. failure to insist upon stiict pertormince of any provision of the
Agreement or to exeicise ;.y;ighl.!".s"0 .ion "
Li.".n tn"t"of, or ihe acceptance of any performance
during such breaeh, shalt nof coirstitute a waiver of any right under this Agreement'
DHS-FEMA.EMPG.FY2O Page 20 of 34 City of Kent EMD'E21-125
Aftachment C
WORK PLAN
cv Ma Performance GrantFY 2020 Emersen
ent Divisionof Kent Ma
The purp ose of EMPG is to assist with the enhancement, sustainment and i mprovement of state, local, and
tribalem ergency management programs. Activities conducted using EMPG funding should relate directlY to
the five elements of emergency management: prevention' p rotection, response, recovery, and mitigation'
Washington State does not require a specific number of activiti es to receive EMPG funding. However, there
are required caPabi lities that must be sustained in order to rema in eligible for EMPG funding, including but
not limited to the a bility to communicate and warn, educate the public, train and exercise, plan, and be
NIMS comp liant. The Work Plan delineates the Emergency Manageme nt Organization's emergencY
management program planning and priority focus for this grant cycle (to include EMPG grant and local
Meeting Refreshmentslnk CartridgesSatellite Phones
Office liesPhoto CoPier LeaseWebsite Fees
Progra m Area-5ustainment
Emerge Ednd onucatiabtPulnformationlc1.14 ncy
CommunitY ResilienceC€re
Mass Search and Rescue OPerationsSecondaryCore'CaPabilltY
WHYTHE WORK IS BEING DONE RESULT OF THE WORK
- Larger number of CERT trained
members in the communitY'
- CERT graduates become volunteers
in other emergency management
teams,
- The community is better PrePared
to respond to and be more resilient
after a disaster.
A known gaP is that there are not
enough responders to helP the
communitY when a major incident
happens. With continued trainings
being offered each Year, the CitY is
building the volunteer database and
becoming a more resilient
community-
Deliver in-Person FEMA Commu
Emergency ResPonse Team (CERT)
courses and/or online training
modules at least once a Year to the
City of Kent, Covinglon, Puget Sound
Fire Response Area and
Kent/Covington. Major Purchases
could include manuals, suPPlies,
sustenance for trainings, and OT for
nity
WORK PTANNED
instructors.- A more resilient community
prepared for and able to respond to a
disaster, and that is educated in all
aspects of disaster preparedness so
that they can help mitigate loss and
assist the community in rebuilding
after a disaster
A known gaP is that the communitY
not self-reliant; and for the
community to rebuild theY must be
educated on how to be Prepared and
how to take care of themselves and
others around them.
isConduct sPecialized
CERT/Prepa redness classes for local
businesses, neighborhoods, and
schools.
- More Youth and adults
emergency preparedness and having
the knowledge of how to PrePare for
and respond during a disaster'
- An engaged communitY who feel
involved and have a better
understanding of their role in the
interested in
event of a disaster
Focus is on building communitY
safety and emergency preparedness
for both adults and Youth.
Participate in multiple community
events throughout the Year such as
Cornucopia DaYs, Covington DaYs,
National Night Out, Kids SafetY DaY
and multiple other City/School
events.
Program Area f1
DHS-FEMA-EMPG-FY2O Page 21 ol 34 City of Kent EMO' E21-125
resProcedudniananPIng4.4 Operational
n tionCoordinalOperatioCore CapabilltY
uctionRedraVulnebilityLong-termSecondarY Core
RESUTT OFTHE WORK
WORK PI.ANNED Provides sustainable
for all staff working during major
i ncidents/events.
food and water
major incident/event-
EDONEINGBtsWORKTHEWHY
To suPPort staff in the event of a
Acquire MREs and emergency
drinking water. (ltems are tracked
and updated per expiration date on a
rotati basi
Program Area #4
ActionsCorrectiveanduations,EvalExe104.rcises,
Operational Coordinationcoic
Planning
RESUTT OF THE WORKWHY THE WORK IS BEINC DONE
WORK PI.ANNED
Successful ParticlPation,
AAR's identifYing areas for
improvement, and for participants to
be able to better resPond to an
incident/event.
completed
capabilities through testing,
activation, exercise, and training'
To continue to e nhance the CitY's
Participate in the design' co
and evaluation of a minimum of one
virtual exercise or real activations
during the Performance Period to
test parts of the COOP/COG Plans as
well as the CitY's CEMP-
nduct,
An ECC that is uP to
electronics, communications, forms,
software that is able to operate
effectively in an incident/ disaster'
date with
To find and correct anY issues
gaps that may arise from the test in
order to fullY maximize ECC
capabilities.
and/or
Test Kent's EmergencY
center (ECC) systems (electronics,
displays, forms, comPuter systems,
etc.) on a quarterly basis as part of
Coordination
the ECC in Service Greater communication
functionality increase in situational
awareness between ECC, DOCs and
regional Partners during and
and
Drills, exercises, and
identified gaPs in communication
sharing and the need for uPdated
equipment.
activations have
Purchase items to enhance
functionalitY and caPabilitY for
situational awareness for the Kent
ECC and DePartment OPerating
Centers
Program Area fi2
4.9 Training
CommunitY ResilienceCore
Operatio nalCoordinationSecondaryCore
RE5ULT OF THE WORKWHYTHE WORK IS 8E]NG DONE
WORK PI.ANNED
Fully trained st
who are better
atf and volunteers
able to resPond to the
Kent ECC/DOCs in an incident/event'
To increase job skills and
in EmergencY Management
functions.
knowledge
Staff/CitY Staff/Fire Staff and EM
Volunteers to career develoPment
workshoPs, seminars, conferences,
and training for emergencY
Conduct trainings andlor send EM
entma
Program Area #3
DHS.FEMA.EMPG-FY2O
Page 22 ol 34 City of Kent EMD, E21-125
Attachment D
TIMELINE
FY 2020 Performance Grant
TASKDATE
Grant Agreement Start DateJune 1,2O2O
Submit reimbursement requestJanuary 31,2021
Submit reimbursement requestApril3Q,2021
Grant Agreement End DateAugust 31,2021
Submit final reimbursement request, final report,
requirement rePort,andlor other deliverables.
training
October 15,2021
DHS-FEMA-EMPG-FY2O Page 23 of 34 City of Kent EMD, E21-125
Attachment E
BUDGET
FY 2020
sotuTloN
AREA EUDGETCATEGORY
Salaries & Benefits
Goods & Services
Salaries & Benefits
Overtime/Backfill
2OEMPG AWARD
Pedormance Grant
193.00
Ma
s
s
s
(
s
s
btota5u
Co
(!,
=zz
C
zI
Nz
c'co
EMPG AMOUNT MATCH AMOUNT
s
5
7_L1s3$
Su
5u
Subtotal $
AMOUNT:
13
13,893 5
s
3,300
5
50,500 s
s
5
71,193 s
7t,L93
7t,L93
$
s
s
tho&l!x
UJ
Consu ltants/Contractors
Goods & Services
Diem
Salaries &Benefits
ut Overtim Backfill
& Services
Trav Diem
Salaries & Benefits
Overtim Backfill
Consu ractors
Goods & Services
Salaries &Benefits
Con
Goods & Services
Travel,/Per Diem
lndirect
lndirect Cost Rate on
TOTAL GTANT
(,
=z
&
4
3duJ
d
E
0%
r The subrecipient will provide a match of g71,193 of non-federal origin, SaYo ol the total project cost (local
. |XffL[iT F$:3:13't'"0n", catesories in excess ot 10% or the Grant Asreement Amount will not be
reimbursed without frior wriftin authorization from the Department.
Fundingsource:U.S.DepartmentofHomelandSecurity-Pl#703PT_EMPG
DHS-FEMA-EM pc-Fyzo Page 24 ol 34 City of Kent EMD' E"1-125
Diem
t
3Diem
Backfill
Attachment F
2OEMPG Award Letter
EM S-2020-EP-00002-s0'.|
Atveri Lclbr
U S. Department of Homeland Security
Washin gton, O.C 20472
Bret DeughenY
Washinglon MilitarY DePa dment
Building 20
Camp Murray,WASE{30 - 5122
Re: Grant No, EMS-2020-EP-00002
Dear Bret Daughe*Y:
congraiulalions, on behalf of the Departmenl of Homeland securiiy, yeur applicalion fot financial essistance submilled under
the Frscal Year {FY) 2!20 Enrergency Management Fedlrntance Grants has been epprov-*ll-tllamount of $7'550'758'00'
Asa condition of this award,you are requiredto contrilute a cost match in the arrouniof $7,553/3900 of non-Federalfunds'
oiSO pttttnt 0fthe total appioved projecl costs of $15.104,49/ DB'
Before you request anr] receive any of the Fe.derqlfunds awarded l0 you, you musl eslablish acceptance ef the award' By
accepting this award.vou ".t no'UJ'ige that the terms cf the following documentsate incotpotated inlo the tetms of your
award:
. Agreement Artir:les (attached tu this Award Letter)
. OLligating Document (atlached to this Anrard Lette{
, FY z}n Emergency Management Performance Grants Notice ni Funding oppc'rlunity.
please make sure you rear1, understand, and mainiain a copy of these documents in your official file forlhis awatd'
ln srderto establish acceptance oiths award and ils terms, please followthese instruclions:
Step 1, Please log in to the ND Granls syslem at https'//porlal'fema'g0v
Step 2. After lcgging in, you will see the Home paga with a Panding Tasks me-nu. click on the Pending Tasks menu ' select the
Applicalion sub-menu, ,nJ *,rn ,ii.k th, link fqr "AwarJ Offer Review' tasks. This link will navigale You to Award Packagea
that are pending revievr.
Step3:Clic*lheReviewAwardPackageicon(wrenchJtsreviewtheAwardPackageandacceplordeclinetheaward
Flease
save or ptintlhe Award Package for your records'
System ior Award h4anagement {SAM): &ant recipients are to keep all of lhelr information up to date in SAM, in part'nulat'
your organizatinn,s narne, rccr.*., outrts numtei, Errtl "no
banking information. Please ensure thal the DUNS number used
in sAM isthe same on" ,rrulo rppriior rrr Fe vA awards. Future -payments will be contingenl on the information provided
in the SAM: theref6re, it is-irnparaiive that the intormiiion is cortecl.'The System for,Award Managamerrl is located at htlp://
wwvv.sam,oov.
lf ynu have anyquesticns orhave updaied your inforrnation in SAM. please letyourGrants Management Specialisi (GMS)
know es s00n as possible. This will help us lo make the necessary updales and- avoid anJt interruptions in lhe payment
pr0cess.
PATRICK GERARD MARCHAM
DHS-FEMA-EMPG-FY2O Page 25 ol 34 City of Kent EMD, E21-125
A$!cn!NrAdil'br
Ttie oct0l 00:00:00 GMT 2U19
U.S. Department 0f Homeland Security
Washington, O.C.2A472
GRANTEE:
PROGRAM:
AGREEMENT T{UIIIBER:
Article I
Adide ll
Anicle lll
Adicle lV
Article V
Anicle Vl
Article Vll
Article Vlll
Article lX
Article X
A,nicle Xl
Article Xll
AGREEMENT ARTICTES
E merg ency itanagement Perfonnmce Grants
Washingto n Milita rY De Parlment
Emergen uy Manag erne nt Padcrmsn ce
Gmnts
EMS-2020-EP-08002- sl1
TAELE OF CONTENTS
Activ ities C o rtdu cte d Abto ad
Reporling of Maltors Related to Recipient lntegrrty and
Perform ance
Amaricans wilh Disabilities Act of 1990
Trafficking Vrctims Proteclion Act oi 2000 flVPA)
Federal Leadership on Reducing Text lvlessaging while
D riving
Debarment and SusPension
FIY America Act of 1974
AccePtance ofPsst Award Changes
Dr-rplication lf Benefits
C oP Yright
CivilRights Act of 1968
Best Practices for Collection end Use of Personally
ldentifi able I nfo rmaiio n (Pll)
DHS-FEMA.EMPG-FY2O Page 26 of 34 City of Kent EMD' E21-125
Article Xlll
Article XIV
Article Xy'
Article X/l
Article X/ll
Article )01lll
Article XIX
Article E(
Article X(l
Afticle )0(ll
Artiole )C(lll
tuticle XXIV
Article XXV
Artiole X(Vl
Article )C(Vll
Article xxvlll
Micle XXIX
Article )C(X
Article )C(Xl
Article K(Xll
Article xxxlll
Article >O(XIV
Article )C(X/
Limited English Proticiency (Civil Rights Act of 1964, Title Vl)
Hotel and Motel Fire Safety Act of 1990
Disposition of Equipment Acquired Urder the Federal Award
Patents and lntellec'tual Property Rights
DHS Specific Acknorvledgements and Assurances
Procurement of Recovered l\4aterials
Terrorist Financing
Civil Rights Act of 1964 - Title Vl
Prior Approval for Modification of Approved Budget
Acknowleftement of Federal Funding from DHS
Rehabilitation Act of 1973
False Claims Act and Program Fraud Civil Remedies
Nondiscrimination in Matters Pertainir€ to Faith-Based
Orgnnizations
Lobbling Prohibitions
Eduoation Amendments of 1972 (Equal Oppoftunity in
Edrcation Aco - Tltle lX
Age Discrimination Act ot 1975
National Environmental Policy Act
Assuranoes, Administrative Requirements, Cost Principes'
Representations and Certifications
USA PATRIOT Act of 2001
Non-Supplanting Requirement
Drug-Free WorkPlace Regulations
Universal ldentifier and System of Award Management
Reporting Subawards and Executive Compensation
DHS-FEMA-EMPG-FY2O Page 27 ol 34 City of Kent EMD, E21-125
Article )C(X/l
Alticle )QQ0/ll
Article XXXVlll
Article XXXIX
Article XL
Article )(Ll
Article XLll
Article I - Activities Conducted Abroad
Energy Policy and Conservation Act
\4fi istleblower Protection Act
Federal Debt Status
Use of DHS Seal. Logo and Flags
Notioe of Funding Opportunity Requirements
SAFECOM
Amendment required to release remaining lunds
RecipentsmustenflJrethatprgectactivities-carriedonoubidetheUnitedStatesarecoordinatedasrecessarywith
appropriate government "utioriii".
and that appropriaie iitunu.", permiis, or approvals are obtained'
Article ll - Reporting of Mafrers Related to Recipient lntegrity and Performance
lf the total value of any ourrenily aotive grants' cooperative agJeemgntg, and procurement contracts from all federa| awarding
agencies exceeos sro,oob"6dir"irrwi"ii"i "r
r-" irir^gine perioo'ot peformance of lhis federal award' then tl'e
recipients mwt compry *ffi. ,"quii",i."nt."* torin in ,',E g*!*m"ttt ;-ide Award rerm and condition for Reclpient
tnteoritv and peformance Mafters iocated at Z C.f.i. part idO, npp"noix xll, the full text of which is incorporated here ry
i"ieience in the award terms ard conditions'
Article lll - Amerlcans with Oisabillties Act of 1990
Recipientsmustcomplyrviththerequireme-ntsofTillesl,ll,lry!l9ft|^"^*ricanswithDisabrlitiesAct,Pub.LNo.
101_336 (1990) (ooditiect "" ,r,*noio at 42 u.s.c. .".*t"l fi1a1Aq,1221e), wnicn prohitib reoipients from disoriminating
on the basis of disabilig in the operation gf pr.rblic ""titlt",
puui"
"no-private
iransportation q/€tefils' places of pudic
acoomnnOation, and certain testing entities
Aftlcle lV - Traillcking Vlc{lms Protection Act of 2m0 {TVFA}
ReciFientsmustcomplywlththerequirementsofthegovernment.wldefinancia|assistancea\Uardtermwhichimderrrents
sec,rion 106(g) of the Trafiicking Victirns o**onifl'Jriffi'ffid4,'l"oiti"o * umended at 22 u's'c section 7104' The
award term is located tt i c.i.F. "tttion
175.15, pte ruritext orwhich is incorporated here by reference'
ArticleV-FederalLeadershiponReducingTextl\i|essagingvuhileDriving
Recipients are encouraged to adopt andenforce poricies that b6n text messaging whire driving as described in E'O' 13513'
inctuding mndrcting intiativ€sE;riu"o tn s"otion';Gt;iih- ofder when oi oii"l"l government business or when
p"'f#id;"t;;ri fut ot on behalf of the federal government
Adlcle Vl - Debarment and Suspension
Recipr?nts are subject to the non-procurement debarment ard suspension regulatiore implementing Executtue orders (E'o')
12549 and 1?68e, which are at.b.r.n. part 180 ";;;;;l W.gls 1t.1c'F'n'
part robo' trreee regulation' r€strict
federal financial assistanee anards, subawards, anJ ionii""t" rinrth certain parties that are debarred, suspended' or otherwise
excluded from or inerigioL-; ilttiJipution in federal assistance programs or activities.
Article Vll - Fly America Act ol 1874
RecipierrtsrnustcomplywithPreferenceforU.S'FlagAirCarriers(aircarriersholdingcertificatesunder49U'S.C.
section 411O2)forinternarionatair transportat,on i?"i[r""];;;;p"'v i; tnl errenitnat such service is available' in
DHS-FEMA-EMPG-FY2O Page 28 ol 34 City of Kent EMD' E21-125
accordance with the lnternational Air Transportation Fair Competitive Practicls Act of 1974, 49 U S C section 40118' and
the interpretagve guidetines i*"*o uV the iomplroller Generjl of the united States in the March 31, 1981 arnendment to
Comptroller General Decision B-1 38942.
Article Vlll . Acceptance of Post Award Changes
ln the event FEMA determines ihat ChangeE are necessary to rle award document after an award has been made. including
;;.g;" i; period of performance or terris and c.onditions, recipients will be notified of the ohanges in writing' Once
notification has been made, anysubBequent request for funds will indicate recipient acceptance of the.changes to the award
please call the FEMA/GMD cuit c"nt i at (g66i 927-s646 or via e-mail to ASK€MD@dhs.gov if you have any questions'
Artlcle tX - Duplicatlon ot Benefits
Any cost allocable to a parlicular federal financial assistance avrard provided for in 2 C F.R, Part 200' Subpart E may not
be charged to other federal financial assistance awards to overcome funcl deficiencies; to avoid restrictions imposed by
federal statute$, regulaiions. or federal financial aGsislance award terms and corditiors; ot for other reasons. However, these
prohibitions would not pr""ruo" recipients from shifting costs that are allowable under two or mote awards in accordance with
existing iederal statutes, regulations, or the federal finlncial assistance award terms ard conditions'
Article X - CoPYright
Recipients must affix the applicable oopyright notioes of 17 U S.C. sections 401 or 402 and an acknowledgement oF U S
Government sponsorship iinciuoing tni awaro numbeQ to any work first produced under federal financial assistance awards'
Article Xl - Civlt Rights Ac't of 1968
Recipients must compty with Tifle vilt of the civil Rights Act of 1968, Pub. L No 90-284, as amended ihrough Pub' L 113-4,
which prohibits recipients from discriminating in the iale rental, financing, and advertising of drellings, or in the provision of
services in connection therewith, on the basis of race. color, naiional origin, religion, disability, farnilial status, and sex (see
42 U.S.C section 3601 et ;;J,'as imptementeo by he u.s, Depa*merit of Housing and urban Development at ?4 c F'R
part 100- The prohibition on disability discrimination inoludes the requirement that new multifamily housing with four or more
dwelling units-i.e., ihe public and comrnon use areas and individual apartment unlts (all units in buildings wilh elevators and
ground-floor units in buildings without elevators)-be oesignea and constructed with certain accessible features (see 24 c F R
Part 100, SubPart D.)
Article xll - Best Practices for cqllection and Use of Personally ldentifiable lnformation (Pll)
Recipients who collect pll are requirecl to have a pub{icly available privacy-policy that describes standards on the usage and
maintenance of the pll tiey cotteit. DHS deflnes personalty identifiaole infbrmaiion (Pll) as any information that permits the
idenipy of an individual to be direotly or indirecfly interreo, in"ruaing any information thal is linked or linkable to that individual'
Recipients may also find the Dus privacy lmpact Assessments: Piivacy Guidance and Privacy Templaie as useful resources
respectlvelY.
Article xlll . Limited English Proficiency (civil Rights Act of 198{' Title Vl)
Recipients must compty with Tille Vl of the civil Rights Act of 1964, (42 U-S.C, section 2oo0d et seq.) prohitrition againsl
discrimination on the basis of national origin. which requires that recipients oi iederal financial assistance take reasonable
"t"p,
to provide meaningful acoess to peisons with limited Erglish proficiency (LEP) to their prograirs and services
For additional assistance i;o inrormafion regarding languagi access obligatiore, please refer to the DHS Recipient
cuidance: irttps,l /fi,w ans;ov/guioance-oublshRo-he!;de#ft'nent-euoported€roanizationg-Df.gvide.meanirEfi/t-a0cess-
peoole-limited and addiiionaI resouroes on http:llrww'lep gov'
Article XIV - Hotel and Motel Fire SaletyAct of 1990
tn acoordance with section 6 of the Hotet and Motel Fire Safety Act of 1990, 15 U.S,Q. seotion 2225a, recipients must ensure
that all conference, meegng. convention, or training space fu#ed in wlple or in part with federal fr"rncls complies with the fire
prevention and control guijelines of the Federal Fire brevention and control Act of 1974, (codified as amended at 1 5 u s c'
section 2225.)
ArticleXV.DispositionofEquipmentAcquiredUndertheFederalAnrard
DHS.FEMA-EMPG-FY2O Page 29 of 34 City of Kent EMD,E21-125
Whenorigrnalorreplacementequiprnentacquredurderthrsawardbythereoipientoritssub,recqfl'i"rnlongerneeded
for the original project or plogram or for olher activrues cuirerttV or pr6vtousty *,pportto by DHS/FEMA' you must request
rnstructions Fom DHS/FEMAIo male proper oisposition ot ine'equ'pment pursuant to 2 c F'R' section 200'313'
Article XVI - Patents and lntellectual Property Rights
ReciSients are subject to the Elayh-Dole Act, 35, U,S.C section 200 et seq, unless othenviee provided by law Recipient6 are
subJect to the speollc ,.q;ft;;;g*urning the devetfi;1r1rygrt,F,,tlg dlsposition olriglrts to irventions and patents
re.urting from federar n**i"r "i"it-arrce
aw-ards roiut"i"t iz b e.n. ei.t aor an'o the standird patent rights clause located
at 37 C.F.R. seotion fi1.14'
Artlcle XVll - DHS Specllic Acknowledgenrents and Assurances
All reorperrts. subrecipients. successors, transferees, and assignees must acknowledge and agree to comply with app|icable
provisionS gOverning DHS access to records, uaaounta, docunients, information' facilities' and staff'
1. Recipients must cooperate with any compliance reviews or compliance investlgations conducted by DHS
2.RecipientsmustgiveDHsaccessto,andtherighttoexamineandcopy'records'accounts'andothefdocumentsand
sources oi information rerateato the federal rinanciaiaisistance award and permit access to facilities, personnel' and other
individuals and information as may be necessary, "" lq"i*o by DHS regulations and other applioable laws or Program
guidance
3. Reciprents must submit timely, complete, and accr.lrate repotls to the appropriate DHS officials and maintain appropriate
backup documentation to support the reports'
4.Recipientsmustcomplywithallotherspecialreporting'datacollection-andevaluationlequirements.aSprescribedbylaw
or detailed in Program guidane
5. Reciprents of federar finarciar assistance from DH$ must comprete the DHS civir Rrghb Evaruation Toor within thirty (30)
days of receig or the Nor;; ;A;td or, for state aJ*liJLii,ig'Ag"ry1es, ltrirtY
(30) Javs from receipt of *e DHS Gtuil
Rishrs Evatuarion Toot r* oiis J, *s awardtng co;il;i "g;"&. 5"i f. iniitaisuomission for *E first award under
which thie term applies, recipients are required to-provioe tnrs iirformation once every two (2) years as long ae they have an
active award, not every ti#an award is .-n"0" n"ipi"tttt =no.},ro :YbTt th: oompleted tool' including supporting maierials'
tocivir@inistoot"L"nr["thecivilrighbobligationsandrelatedreportingrequirements
contained in the DHS staiffiiilr,* and cordition".-drL""ipi"""ts are iol required to complete and submit this tool to
DHS. The evaluation t*i *n n" loun6 4 r*tpe;nrww'ans'govlo'ruication/d@
6. The DHS office for civit Rights and civil Liberties will consider, in its discretion, granting an extenslon il the recipient
identifies steps and a timeiin;"for;;mpreting tne toor.-iecipLntsstrouro request extensions by ernairing the request
t"-C-it-'fnishlJE ulu-ati-o-n@b-q.db-s'golu- prior to expiration of the 30-dav deadline'
Arlicle XVlll - Procurenrent of Recovered lUlaterials
States,politicalsubdivisionsofstates,andtheircontractorsmustcomplywithsection6002oftheSolidWasteDisposalAot,
pub, L. No 89-272 (1965), (codified as amended ov trr" i".our* conservation and Recovery Acl, 42 U'S'c' section 6962 )
Tha requirements of s;ii;;oooa tnctroe procurilg'o-nrv;t-#;-qig^tt"d in guidelines of the Environmental Protection
Adencv(EpA)atfic.F,R paftz4lthatconhinthJhigr.,,lrJp.rc"ndgeotreco'veredmateriarspractioabre,consistentwith
miintainlng a satis-fadory lwel of competition
Article XIX' Terrorist Financing
Recipients must oompry with E.o. 12224 andU.s. raws that prohibit transac{ions with, and the provisions of resources and
support to, individuals anoLrganizarions assocrateJ*ritn t"rtri"r. Reciplents are legalry responsible to ensure complianae
with the Order and laws.
Artlcle XX - Clvil Rights Ac{ of 1964 ' Title Vl
Recipients must comply with the requirements of Title Vl of the civil Rights Act of 1964 (codified as amended at 42 Us'c'
section 2000d et seq.), which provides that no p"r=on in *re United stales wiil' on the gioun& of race' oolor' or national origin'
be excruded from participation in, be denied the o"#ri" oi, ot o* *ubi"cted to discrim-riaiion under any program or activity
DHS-FEMA-EMPG.FY2O Page 30 of 34 City of Kent EMD'E21-125
receiving federal financial assistance. DHS imprementing regulations lor the Aot are found at 6 c F R' Part 21 and 44 c'F R
Par17.
Article XXI - Prior Approval for Modification of Approved Budget
Before making arry change to ihe DHS/FEMA approved budget for ihis award, you mlst reqlest prior written approval from
DHSiFEMA where required oy i c.r.n section i00.g08. DH'S/FEMA is also r.rtilizing its discretion to impose an additional
restriction under 2 C.F.R Section 200.308(e) regarding ihe trarnfer of funds among direct oost oategories' programs'
functions, or activities. Therefore, for awards with an aifroved budget where the Flclerd share is greater than the simplified
aoquisition threshold (cr1rrently $250,000), yo, r*y noi iransfer funds among direct cost categories' programs' functions'
or activities without priol. *iitt,in
"ptioval'trbm
oHsngrvrn wnere the cumuldtive amount of such tmnsfers exceeds or is
expected to exceed ten percerrt (io.a) ortne total budtet DHS/FEMA last approved You must report arnT deviations from
your DHS/FEM4 approreJ;os;n in ihe first reoeraLFinancial Report (sF'425) you subrnit following any budget deviation,
iegarOtess of whether the UuOget deviation requires prior written approval'
Article XXll . Acknowledgercnt of Federal Funding from DHS
Recipients must acknowledge their use of federal {unding when issuing statements. press releases, .equests for proposal' bid
invitations, and other documents describing projects ot piogratn" funded in wl-ole or in part with federal funds
Article XXlll - Rehabilitation Act of l9/3
Recipients must oomply lvith the requirements of section 504 of the Rehabilitation Act of 1973, Pub L' No' 93-112 (1973)'
(codified as amended at zg u.s.C- section 794,) which provides that no othenivise qualified handicapped individuals in
the United States will, sor"ty u7 ,"""on of the #noicai,' be excluded from participation in' be denied tl-re benefits of' or be
subjected to discrimination under any program or activiv receiving lederal financial assistance'
Aftlcle XXIV - False claims Act and Plogram Fraud civil Remedies
Recipients must comply with the requirements of the False Claims Acl, 31 U.S.c. sections 3729'3733 which prohibits the
submission of false or fraudulent claims for payment to the federal government (see 3'1 U S'c' sections 3801-3812' which
details ihe aclministrative remedies for false claims and statements nnde )
Article XXV. Nondiscrimination in lJlatters Pertaining to Faith-Based Organizations
It is DHS policy to ensure the equal treatment of faith-based orgnizations in.social service programs administered or
supported by DHS o1. it= oornpoiunt agencies,
"n"oting
tno." o-rganizations to participate in providing important sooial
services to beneficiaries. Reciplents miLrst comply wiir,ine equalieatment policies and requirements contained in 6 c'F'R'
part 1g and other applicable statues, regulatiors,
"no
guioun;* governing ihe participations of faith'based organizatiors in
individual DHS Programs.
Aftlcle XXVI - Lobbylng Prohibitions
Recipients must comply with 31 u.s.c. section 1352, which provides that note of the funcls provided under a federal financial
assistarrce award may be expended by the recipientio pay any person to influence, or attempt to influence an officer or
emp{oyee of any agenoy, a Member of congress, un oriioi1. or'employee of Congress' or an. employee of a Member of
cong*ss in connection ru,ttr uny fecleral acfron related to a federai award or contract, including aqr extension, continuation,
renewal, amendnrenl, or modifioation
Article xxvll . Education Amendments ol 1972(Equal opportunity in Education Act) 'Title lX
Recipients must comply with the requirements of ritle tX of the Eduoation Amendments of 1972, Pub' L. No' 92-318 (1972)
(coclified as amended at zo u.s.c section 1681 et
".q.1,
*r,irn provide that no person in the United states will' on the basis
of sex, be exclLlded from participation in, be denied the'nenefits of, or be subjected to discrimination under any educational
program or activity receiuins iejttrii tinanciat assista;ce DHS implementingiregulations are codified at 6 c'F.R' Part 17 and
44 C.F.R. Part 19.
Afticle XXVlll - Age Dlscrimination Act of 19/5
Recipients must comply with the requirements of the Age Discrirnina,lion Act of "1975, Pub. L. No' 94'135 (1975) (codified as
arnended allltle 42,U.S. code, section 610,1 et seq.),"wnicr, prohibits discrimination on the basis of age in any program or
aotivity receiving federal linancial assistance.
DHS-FEMA-EMPG-FY2O Page 31 of34 City of Kent EMD, E21-125
Article XXIX 'National Environmental Policy Act
Reclpients mu6{ compry with the requirements.of the Nationar Eruironmenbr poticy Act of 1s9 (NEPA), Pub' L' No 91 -190
(i920) (codifieo a= amenc"o;t 4tl.s.b. -eotion +iifei seq,) ano the counci,l on Environmenal ouatitv (cEo) Regulations
for lmplementing tne eroceJ;t Frovisions Of ftfEpn, wnrcn rd{uitu recipients to use all practicable means wllhin their
authority, and consistent w,m Jt
", "ssenti'l
considir*io* Jf it'tionat poticy' to create and maintain condl,ons undor which
peopE and nature can exiui in Eoou"we harmony and fulfill the social, economic, and other needs of present and future
generaiions of Americans.
Article xxx - Assurances, Administrative Requirements, cost Principles, Representations and certifications
DHS financial assisEnce recipients must complete either the office of Management and Budget (oMB) StandardFarm 4248
Assurances _ Nonconsrruction prograrns, or orr,'a siandard Form 424D Assurances - Gonstiuction programs' as applicable'
certain assurances in these documents rnay not be applicab'le fo ygur program' and tne DHS financial assistance office (DHS
FAO) may require appticatr-to oertity aUOitionat a.*'tnoes. Africantsar.e rgqq'S to flll out the as.suranc€s applioable to
thelr program as instructec-ny tne ahiarOing "g"t*ylfi;* totilla the DHS FAO it y'6u have eny questions'
DHS financial assistance recipients are required to follow the applicable provisions of the uniiorm Administrative
Rbouirements, Cost Prrnoiples, and Audit Requrremen6 for Federal AwaiOs located at Title 2' Code of Federal Regulations
ib.i-nl p"tt 200, and adopted bV DHS at 2 C'F'R' Part 3002
Article XXXI 'USA PATRIOT Act of 2001
Recipients must comply with requirements of section 817 of the Uniting and strengthening America by-Providing Appfopriate
Toots Requrred to tntercept and obstruct rerrori"|.nRJ oriooi tusn Fnrntor niU' puo' L No' 107'56' which amends 1B
U.S.C. sections 175-175c
Article XXXI' Non'supplanting Requirement
sources
Article XXXlll - Drug-Free Workplace Regulations
Recipients reoeiving federal finarrcial assistance awarcb made under programs that prohibit supplanting by law must ensure
that federal funds do not replaoe (supptant) tunos tnlti-ave ueen ouciet6d ror ttre same purpose through nonJederal
Reclpients must comp|y with drug-free worlplace requirerrrents in Subpart B (or Subpart C, if the rec|gent is an individual) of 2
c. F.R. part 3001 , which adopts the Governmert-wrdir"pr"r""tation 12 c. F.'R. turt' 182) of sec 5152-5'1 58 of the Drug-Free
Workplace Act of 1988 (41 U.S C sections 8101-8106)'
Article xxxlv - universal ldentifier and system of Arrard lvlanagement
Resipients are required to oomply with the fequirements set forth in the government-wide linancial assistance award term
regarding the gstem to, n*ur5-irfun"gement'and Uni"*r*f tOentitier nequiremenf bcated at 2 C'F'R Part25' Appendix A
$,E turr telt otwirioh is incorporaled here by reference'
Article XXXV' Reporting Subawards and Executive Gompensation
Reoipientsarerequlredtocomplywiththg!*!T"T"nl,setforthinthegovernment-wideawardtermonReportingSubawards
and Executive compensatLn rodateo at 2 C.F.R p"rt r zo, app"ndix A,-the fut text of which is inoorporated here by reference
in the award terms and conditions'
Article XXXVI . Energy Policy and Conservation Act
Recipients must compry with the requirements.of the Energy poricyancr coreervation Act, pub. L. No 94- i63 (1975) (codified
as amended at 42 U.s c section 6201 et seq.1, wnin conEin pottie. reratinj to energy efficlency that are defined in the state
Jn"tgy lon""*ation plan issued in compliance with this Act
Article XXXVII 'Whistleblower Protection Act
Recipients must compry with the statutory requrrements for whis,e'ower protectiom (if appricabre) at 10 U.s c section 22109'
41 U.s.c. seciion nz'tz, u*i o u.s'c sectioh 2924' 41U's C sections 4304 and 4310'
Article XXXVlll 'Federal llebt Status
DHS-FEMA-EMPG-FYzO Page 32 ol 34 City of Kent EMD' E21-125
All recipients are required to be non-delinquent in their repayment of any federal debt' Examples of relevant debt inolude
delinquent payroll and other taxes, audit disallolvances, and benefit overpayments' (See OMB Circular A-129')
Article XXXIX - Use of DHS Seal, Logo and Flags
Recipients must obtain permission from their DHS FAO prior to using the
-DHS
sealis), logw, crests or reproductiors of flags
or likeneeses of DHS agency officials, including use of the united stites Coast Guard seal, logo, cre6ts or reproductions of
flags or lil<enesses of Coast Guard ofticials,
Article XL - Notlce of Funding Opportunity RequiremenE
All the jnstructions, guidanoe, limitations, and other conditions set forth in the Notice of Funding opportunity (NOFO) for this
program are incorporateo neie ny reference in the award tenrE and conditions. All recipients must comply with any such
requirements set forth in the program NoFO.
Article XLI.SAFECOM
Recipients receiving lederal financial assistance awards made under plograms that prc,r/ide emergerrcy communioation
equipment and its related activities must comply with the SAFECOM CuiOance for Emergency Communication Granbs'
^"fuOing
provisions on technical standards that ensure and enhance interoperable communications
Article XLll - Amendment required to relaase remaining funds
The recipient will have immediate acoess to 50% of the Federal share, or $3,775,379. The recipient agrees not to obligate,
expend or drawdown g'" r"Luring soort ottn" reoerat share, or $3,775,379 until a detailed budget and workplan, to include
the exercise and trainitT dah tables, have been reviewed and approved bry the FErUA Regional Program Manager, and an
ofiicial mtice has been issued rernoving this special condition. The oetaireo budget and workplan needs to be submitted by
September 30,292Q.
Personnel
Fringe Benefits
Travel
Equipment
$upplies
Contractual
Coretruction
lrdirect Chargeg
Other
BUDGET COST CATEGORIES
$4,031,487.00
$1,470,861.00
$9 695.m
$1,921.00
$8,900.00
$9,186,9S0.m
$0.00
$394,643 m
$0.00
DHS-FEMA.EMPG.FY2O Page 33 of 34 City of Kent EMD, E21-125
Ohtgpring Doormcn t for Award/Amcndnenl
ll. ACREEMENTNO.2, AMENDMENTNO.
EMs-?020-EP-0txxr2-S0 I *a*
6. RECIPIENT NAME AND 7' ISSUINC FEMA OFFICE AND
ADDRESS ADDRESS
Washingion Militory FEMA-CPD
Dcpaflr[crlt 400 C Slrc€t' SW' 3rd floor
Building ?0 Washirrgtoq DC 20472-36{5
Can p ilrlrtay. WA. 98130 - POC: 866-927-:6+6
it22
8. PAYMENT OFFICE AND ADDRESS
FEMA Finance Center
.130 Market Street
Winchcslcr. VA 1260-l
I-I. PERFORMANCE PERIOD
I
RECIPIENT
No.
916001095c
PRIOR
TOTAL
A}VARD
{. TYPE OF ACTION
AWARD
5. CONTROL NO.
FY2(}20RIOEMPG
9, NAMEOF RECIPIENT
PROJECT OFFTCER
Tiru;th Kinchcloc
II. EFFECTIVE DATE OF
THtS ACTION
l0/0 l/20 I I
PROGRAM
NAME
ACRONYIvI
CFDA NO.
PHONE NO.
253512',7456
12.
METHOD
OF
PAYtvIENT
PARS
ACCOUN"|INC DA'TA
(ACCS CODE)
XXXX-XXX.XXXXXX-
llOOt}(->OCKX-KltX-X
IO. NAI4E OIi FEMA PROJECT COORDINATOR
Cenlral Sclredtrting and lnfonnation Desk
Phonc: 8$'36t1{198
Ema i I : Askcsid(rhdhs. gov
13. ASSTSTANCE ARRANGEMENT
Cost Reimburscment From:
10n11201s
Budget Periotl
$Mno19
To:
0913012022
I 5, DESCzuPTION OF ACTION
:r- (lndicatc funding data foralvards or finarrcial cltnngcs)
09na12022
CUMUL^ATIVE NON-
FEDERAL COMMITMENT
AMOUNl'
AWARDED
THIS
ACTiON
+OR t-)
CURREI{I'
TOTAL
AWARD
b.Todescntcclungcsotltcrtlunfurdingdalaortinancialclnngcs.all$cirschedulcandclrccklwrc.
NIA
t6 a. FOR NON-DISASTER pRoGR.dMS: RECIpIENT IS REQU1RED TO SICN AND RETURN THREE (l) coPlEs oF THIS
DOCUMENT T0 FEMA (Scc Block 7 lor nddrcss) -..-r --...16 ^^^ioc nF rtric rlft-rrr.er
Enrerge0c.v Mauagenrenl perfornmrrce Grarrts recipienb are nol required to sign arrd rerurn copies of lhis docunrenl Horvever- Gclplenls
shouli prior axl kccp a copy of tlris documcnt for thcir rccords
iri. rrjn pisas.ren pnijcnnvrs: REctptEN'r'ts NoT REQUIRED-ro slcN
This assisiauce is subject lo tenns iud conclitiors ar,*rrra io Jtii orvarrd uotice or bl' incorpoErted rEferetEe in prognnt legislation cited
I int crg-*nc1..
lvlnnngentuul
Pcrfonrtsncc
Qr.nls
,7.$n 20?0-[:\-(ii0 I -R I a7- -4l2lt-l)
irbole.
ll. RECIPIENT SICNATORY OFFICIAL (Narne and Titlc)
Tirzah Kincheloe. Mrs
18. FEtv{A STGNATORY OFFICIAL {Name and Title)
so.m s?.550,?58.oll s7,550'7-38'fi)
s(}.0o s?.551\7sl,oo s7.ls0.7seoo
Scc 'l olrl.
s?,Rs.t.739.00
DATE
Fri Ma3'08 15:53:04 GMT
202t)
DATE
Thu Apr 30 l?:-15: l-i Givff
2020
KIMBERLY ERIN PENFOLD ' Assistalce Officer
DHS.FEMA-EMPG-FY2O Page 34 of 34 City of Kent EMD, E21-125
SIGNATURE AUTHORIZATION FO
WASHINGTON STATE MILITARY DEPARTMENT
Camp Murray, Washington 98430-5122
this form.
RM
Please read instructions on reverse side before
DATE SUBMITTED
1112512020City of Kent - Emergency Management
NAME OF ORGANIZATI ON
CONTRACT NU MBER
E21-125Emergency Management Performance Grant
PROJECT DESCRI PTION
1. AUTHORIZINGAUTHORITY
TITLE/TERM OF OFFICEPRINT OR TYPE NAMESIGNATURE
MayorDana Ralph
Fire ChiefMafthew Morris
2. AUTHORIZED TO SIGN CONTRACTS/CONTMCT AMENDMENTS
TITLEPRINTOR TYPE NAMESIGNATURE
MayorDana Ralph
Fire ChiefMatthew Morris
3, AUTHORIZED TO SIGN REQUESTS FOR REIMBURSEMENT
TITLEPRINT OR TYPE NAMESIGNATURE
EM SpecialistJennifer Keizerk4
EM- Division ChiefJeff DiDonato2tDcnab
\\NAC-1\VOLl\HOME\KARENB\\WP\SIGNAUTH Revised 3/03
INSTRUCTIoNSFoRSIGNATUREAUTHoRIZATIoNFoRM
Thisformidentifiesthepersonswhohavetheauthoritytosigncontracts,amendments,
and requests for reimbuisement. rt is iequired for the management of your contract with
the Military Department (MD). please lompfete all sectiois. One copy with original
signatures is to be ,"nt to' Md with tne siJ.eci contract, and the other should be kept with
your coPY of the contract'
when a request for reimbursement is received, the signature is checked to verify that it
matchesthesignatureonfile.rr'"-p"v'entcan_bedelayediftherequestis
presented witrrouilrr" prop", signature.
-rt
is important that the signatures in MD's files
are current. ch;;g;J iri st"m-ng
'oi-
t"rponsi'bififies wirt require a new signature
authorization form'
1'AuthorizingAuthority.Generally,theperson(s)signinginthisboxheads
the governing body of the otg"nL"iion, such as'the board chair or mayor' ln
some cases, the chief "xecutiu"
officer may have been delegated this
authoritY'
2. Authorized to sign Gontractslcontract Amendments' The person(s) with
this autnoriiy- "-niru sign in this space. Usually, it is the county
commissionai, ttyot, exelutive director' city clerk' etc'
3.AuthorizedtoSignRequestsforReimbursement.oftentheexecutive
director,ci$clerk,treasurer,oradministrativeassistanthavethisauthority'It is advisable to have more than one person authorized to sign
reimbursemffrequests. This will help prevent delays in processing a
request if one person is temporarily unavailable'
lf you have any questions regarding this form or to request new forms' please call your
MD Program Manager.
Doing business as (DBA)
Kent Office of Emergency ManagementNAME
Jeff DiDonato
Federal Employer Tax
ldentification #:
WA Uniform Business
ldentifier (UBl)
173-000-002
Applicable Procurement
or Solicitation #, if anY:ADDRESS
400 West Gowe Street #414 Kent, WA 98032
This certification is submitted as ofa to contract.
Washington Military Department Contract Number E121-125
Debarment, Suspension, lneligibility or Voluntary Exclusion Certification Form
lnstructions For certification Regarding Debarment, suspension, lneligibility and voluntary Exclusion-'Lower
Tier Govered Transactions
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. lf 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 transaciion originated may pursue available remedies, including suspension and/or debarment'
3. The prospective tower tier participant snlli 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, piipo.if, and voluntirily 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
f"r.on to which this proposal is subm-itted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant ajrees by submitting this proposal that,. should the proposed covered
transaction oe entered into, it shall not knJwingly enter into aiy towei tier covered transaction with a person who is
proposed for debarment under the applicabe ifn, 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 bebarment, Suspe-nsion, 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 oeoarment under applicable cFR, debarred, suspended, ineligible, or voluntarily
excluded from covered transactions, unless it knows that'the certification is erroneous. A participalt may decide the
method and frequency by which it oeterminei the etigibitity of its principals. Each participant may, but is not required
to, check the Lisi of plrties Excluded from Federal Procurement and Non-procurement Programs.
g. 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 normal[ fosseised by a-prudent person in ihe ordinary course of business activity.
g. Except for transactions authorized underparagraph 5 oJ'these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered irani"cilon 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, lneligibility 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 presentiy J"udrr"o, JuspenaeJ, ploioseo for debarment, deilared ineligible, or voluntarily excluded
from participation initris transaction by "ny
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.
DaDattabBidder or Contractor Signature:
READ CA REFU LLY BEFORE SIGNING TH E CERTIFICA T!ON.Federal regu lations requ rre contractors and bid derc to sign a nd
abide by the te rms of this certifi cation without modification,n order to participate tn ce rtain transactions di rectly
federal funds
Print Name and Title:Jeff Di Division Chief - EM
Date:12t2112020
Washington Military Department Contract Number E121-125
FEDERAL DEBARMENT, SUSPENSION
INELIGIBILITY and VOLUNTARY EXCLUSION
(FREQUENTLY ASKED QUESTIONS)
What is "Debarment. Suspension. lneliqibilitv. and Voluntarv Exclusion"?
Thesetermsrefertotnhorreceivegrantsfromafederalagency.
ln order to be debarred, suspended, ineligible, or voluntarily excluded, you must have:
. had a contract or grant with a federal agency, and
r gore through some process where the fedeiat agency notified or attempted to notify you that you could not contract
with the federal agency.
r Generally, this procesi 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.
Whv am I required to siqn this certificatign?
you are requesting a contract or grant withl-h'e washington Military Department... F.ederal law (Executive order 12549)
requires washington Military Department ensure that persons oi companies that contract with washington Military
Department are not prohibited from having federalcontracts'
What is Executive Order 12549?
Executive order 1254g 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 granti to persons, orga-nizations, or companies who have been excluded from
participating in federal coitracts or grants. peoerat agenciejhave codified this requirement in their individual agency
Code of Federal Regulations (CFRs).
What is the purpose of this certific?tion?
The purpose of the c-ertit6ation 19 for you to tell Washington Military Department in writing that you have not been
prohibiteO by federal agencies from entering into a federal contract.
What does the word "proposal" mean when referred to in this certification?
Proposalmeansasoconsiderorsimilarcommunicationfrom
you to Washington Military Department.
What or who is a "lower tier participant"?
- ,_ - ^ - -, --r^-^ i-r^ ^^nrraa*o ..rirh nr r
Lower tier participants means a person or organization that submits a proposal, el!e.rl. into contracts with, or receives a
grant from washington Military Department, 5R
"ny
subcontra_ctor of a contract with washington Military Department' lf
iou hire subcontraitors, you siroutO require them to sign a certification and keep it with your subcontract'
What is a covered transaction when referred to in this certification?
CoveredTransactionmeanSacontract,ora@t,oranyotherarrangementwh9reyoucontract
with or receive money from washington Military Depirtment. bovered rransaction does not include mandatory
entitlements and individual benefits.
Sample Debarment, Suspension, lneligibility, Voluntary Exclusion Contract Provision
Debarment Gertification. The contractor certifies that the Gontractor is not presently debarred, suspended,
proposed for debarment, declared ineligible, or.voluntarily excluded from participating in this contract by any
Federal department or agency. lf requelted by washington Military Department, the contractor shall complete
a certification negardinj oe6armeni, suspeniion, lneligibility, and Voluntary Exclusion form. Any such form
.orpr"t"o by the bontraltor for this contract shall be inCorporated into this Gontract by reference.
EXHIBIT B
MEMORANDUM OF UNDERSTANDING
Appointment of Liaison
EMPG Grant Agreement Number E2L'L25
The Puget Sound Regional Fire Authority appoints the following person as the
liaison For the Memoiandum 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 and RFA
EMPG E21-125
EXHIBIT C
TNSURANCE REQUTREMENTS FOR
EPMG E2L-L25 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 LiabiliW insurance shall be written on ISO
oc equivalent, with minimum limits of
$3,000,000 per occurrence and in the aggregate fo.r each 1 year
policy ieriod. This coverage may be any combinatig.n.qf prima_ry,
urUi"ita or excess liability-cover'age aff6rding total liability limits of
not less than $3,000,000 per occurrence and in the aggregate' -pioOuiis jnO Cohpteited Operations coverage shall be-provided for
u p"rioO of 3 yeard followirig Substantial Completion of the work'
TlieCommercial General Li;bility insurance shall be endorsed to
provide the Aggregate per Project_Endorsement ISO form CG 25 03
riei.- fne ii[V itrail'Ue named as an Additional Insured
under the Con[actor's Commercial General Liability _i;;;;il; policy with respect to the work performed for the
ci[t ali Lnaoriements aiding Additional Insureds shall be
isJired onform CG 20 10 11 85 or a form deemed equivalent'
p.-oniJing the Additional Insureds with all policies and
endorsements set forth in this section'
Z. Automobile Liabilitv insurance covering.all owned, non-owned,
ffiles. Coverage shall be written on Insurance
Services Office (ISO) form CA 00 -01 or a substitute form providing
equivaient liability c6verage. If nece.ssary, the policy shall be
endorsed to provide contractual liability coverage'
3. Workers'Comoensation coverage.as required by the Industrial
Insl'lrance laws of the State of Washington'
B. Minimum Amounts of Insurance
RFA shall maintain the following insurance limits:
1. Commerciat General Liability insurance shall be written with
minin'gnr timits of $3,000,000 per occurrence and in the aggregate
for each 1 year policy period. This coverage may be any
MOU, Kent and RFA
EMPG E21-125
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.
Automobile Liabilitv insurance with a minimum combined single
@nd property damage of $1,000,000 per
accident,
The RFA's insurance shall be endorsed to state that coverage shall
nor ue cancelled by either party, except after thirty (30) days.prior
*iitien notice by c'ertified mail, return receipt requested, has been
given to the CitY.
The City of Kent shall be named as an additional insured on all
policies (except Professional Liability) as respects work performed
by o. 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
"f ail teqtred 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 too-l:, machinery, equ.ipment, or
motor vehicles owned oi rented by th6 RFA, or the RFA's agents, s.uppliers or
coniiactors as well as to any temiorary structures, scaffolding and protective
fences.
2
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, _o1 ins_r4'91tce pool coverage
11uiniiineO Uy ttre Ciry dhall be excess of the RFA's insurance and
shall not contribute with it.
2
3
MOU, Kent and RFA
EMPG E21-125
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
insura}ce or other property insurance obtained pursuant to the Insurance
Requirements Section of this Contract or other property insurance applicable to the
*oit . 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 A:VIL
G. Verification of Coverage
RFA shall furnish the City with original certificates and a copY of.the.amendatory
endorre.ents, inciuOing but not iecessarily limited to the additional insured
enOorserent,'evidenlin"g the Automobile Liability and Commercial General Liability
inruiance of tne RFA beiore 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 and RFA
EMPG E21-125
CITIES INSURANCE ASSOCIATION OF WASHINGTON
CERTIFICATE OF E
,l'U20t2020
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY
NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
ruor corusrirurE A coNTRAcr BETWEEN THE lssulNG INSURER(s)'
AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES
mLnr-OnAr'roUnr OF 63VERAGE (MOc) BELOW. THIS CERTIFICATE OF COVERAGE DOE5
AUiHONIZEO REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPoRTANT:IFTHECERTIFICATEHoLDERIsANADDITIoNALcoVEREDPARTY'THEiic iCNr,,rS NruO CONDITIONS OF THE MOC, CERTAIN COVERAGE MAY REQUIRE AN EN
njcHrs io rHe cERTTFTcATE HoLDER lN LIEU oF sucH ENDoRSEMENT(s)
MOC MUST BE ENDORSED. IF SUBROGATION IS WAIVED, SUBJECT TO
OONSENEruT. I STATEMENT ON THIS CERTIFICATE DOES NOT CONFER
THIS IS TO CERTIFY THAT THE COVERAGES LISTED BELOW HAVE BEEN ISSUED TO THE COVERED MEMBER NAMED ABOVE FOR THE COVERAGE PERIOD
INDICATED, NOT WTHSTANDING ANY REQUIREME NT. TERM OR CONDITION OF CONTRACT OR OTHER DOCUMENT WTH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE COVERAGE AFFORDED BY THE MOC DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS
AND CONDITIONS OF SUCH MOC. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED COVERAGE BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF' NOTICE WLL BE DELIVERED IN
ACCOR THE MOC
CERTIFICATE HOLDER AUTHORIZED REPRESENTATIVE
City of Kent
220 FourTh Avenue South
Kent, WA 98032
COMPANIES AFFORDING COVERAGEPRODUCER
Clear Risk Solutions
451 Diamond Drive
Ephrata, WA 98823
Phone: (509) 754-2027 Fax: (509) 754-3406
COVERED ffEMBER
GENERAL LIABILITY
CIAW / Old Republic Specialty lnsurance Underwriters
AUTOMOBILE LIABILITY
CIAW / Old Republic Specialty lnsurance Underwrite16
PROPERTY
CIAW / Old Republic Specialty lnsurance Underwriters et al'
CRIME / PUBLIC EMPLOYEE DISHONESTY
CIAW / Old Republic Specialty lnsurance Underwriterg
Puget Sound Regional Fire Authority
24611 - 1 16th Avenue SE
Kent, WA 98030
COVERAGES
MOC EFF
DATE
MOC EXP
DATE
MOC NUMBERTYPE OF COVERAGE
LIMITSDESCRIPTION
GENERALLIABILITY
PRODUCT-CO MP/OP AGG
PERSONAL&ADV. INJURY
EACH OCCURRENCE
ANNUAL PROGRAM AGGREGATE
$25.000,000
$1 5,000,000
$15,000,000
$50,000,000
OCCURRENCE FORM
12t01
(L|ABTLITY lS SUBJECT TO A $1OO,OOO SIR PAYABLE FROM PROGRAM FU
000,000GENERAL
AUTOMOBILE LIABILITY
1210112021121O1 000
NONE
(LIABILITY IS SUBJECT TO A $1OO,OOO SIR PAYABLE FROM PROGRAM ANNUAL PROGRAM AGGREGATE
NED SINGLE
PROPERTY
EARTHQUAKE PER OCC
FLOOD PER OCC (except Fz A&v, which is
$r r!rM)
ANNUAL PROGRAM AGGREGATE
$1 5,000,000
$15,000,000
NONE
1210112021
(PROPERTY IS SUBJECT TO A $1OO,OOO SIR PAYABLE FROM PROGRAM
ALL RISK PER LEQ&FL ,000,000
CRIII/lE'PUBLIC EMPLOYEE DISHONESTY
12t0112021
(cRtME lS SUBJECT TO A $2s,000 PROGRAM SIR)
000LOSS
SPECIALI ITEMSLOCATIONSIVEHICLESIOPERATIONSOFDESCRIPTION
Regarding Emergency Management Performance Grant, Grant Agreement Number E1 8-099 City of Kent
ir"ril.J [ "ru]"it to toveraie terms, conditions, and exclusions. Additional Covered Partv endorsement
ir"'nr"l. Sro.g"tlon is attachld. Seperation of Named lnsured endorsement is included in the policy'
is named as Additional Covered Party regarding this Agreement
is attached. The MOC is primary and non-contributory' Waiverof
ctAw 2020-2021 Page 1
WAIVER OF TRANSFER OF RIGHTS AND RECOVERY AGAINST OTHERS TO US
THIS ENDORSEMENT MODIFIES COVERAGE PROVIDED UNDER THE FOLLOWING:
GENERAL LIABILITY COVEMGE PART
SCHEDULE
Name of Person or Organization
City of Kent
220 Fourth Avenue South
Kent, WA 98032
Any person or organization as shown in the Schedule above, for whom we make a payment under this coverage,
musi transfer their right to recovery against any other party. After a claim they must do everything necessary to
secure, and nothing to impair these rignts. However, we will waive our right of recovery against any person or
organization as sh6wn in ihe Schedule above with respect to which the covered Party has waived its right of
r"iou"ry prior to the Occurrence, Accident, or Wrongful Act in a Covered Contract'
All other terms and conditions remain unchanged.
ctplw 2020-2021 Page2
ADDITIONAL GOVERED PARTY 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 Covered Party is recogn2ed a-s their intere^sts may appear, providing
the certificate of coverage that thii is attached to has been issued and is on file with the Company.
The Limits of Coverage applicable to the Additional Covered Party are those specified in either the:
1. Written contract or written agreement; or
2. Declarationsforthis MOC, whichever is less'
These Limits of Coverage are inclusive and not in addition to the Limits of Coverage shown in the Declarations.
All otherterms and conditions remain unchanged.
Additional Covered PartY:
City of Kent
220 Fourth Avenue South
Kent, WA 98032
Regarding Emergency Management Performance Grant, Grant Agreement Number E18-099' City of Kent is
naried ajROOitional bovered Party regarding this Agreement only and is subject to coverage terms,
conditions, and exclusions. Additiohat Covered Party endorsement is attached. The MOC is primary and non-
.ontriOutory. Waiver of Tranfer Subrogation is attached. Seperation of Named lnsured endorsement is
included in the policy.
ctAw 2020-2021 Page 3
Ag FIRE
PUGET SOUND RFA
Contract Review Form
please complete this section ond email to lsteword@puqetsoundfire.orq along with o PDF of the controct.
Date:
Agreement Name
Agreement With:
Purpose:
4t19t21
MOU-C of Kent EMP Grant
Ci of Kent
Outline responsibilities for COK and RFA re
EMP Grant
Originated by:
Already in the budget?
A.Tyerman
Yes
REVIEWED BY:
/YtUtt
= Apr20,202LFire Chief lnitials NI LN,l Date
Comments
Finance Manage rtnltials: #L Date: Apr 20,202L
Comments:Approved
a Apr20,2027HR Manager lnitials: LA Date
Comments
Attorney lnitials: #t-Date:Apr 20,202L
Comments approved as to form
Please check off and date as completed,
Chief's Signature:
Contract signed by other party(ies)
Fully Signed Original to Finance:
! Date
n Date:
n Date:
Created:
By:
Status:
Transaction lD:
2021-04-20
Jessica Steward fisteward@pugetsoundfi re'org)
Approved
CBJCHBCAABMTRl xTSchfqHpsXenyamEXiQTiEml GM2n
EMP Grant
FinalAudit Report 2021-04-20
"EMP Grant" History
fl Document created by Jessica Steward (steward@pugetsoundfire'org)
202'l-04-20 - 8:45:05 PM GMT- lP address: 146.129.253'203
fl, Document emailed to Lindsey Arsanto (larsanto@pugetsoundfire.org) for approval
2021-04-20 - 8:53:57 PM GMT
trl Document emailed to Matthew L Morris (mlmorris@pugetsoundfire.org)for approval
2021-04-20 - 8:53:58 PM GMT
El Document emailed to Lavina M. Brennecke (lbrennecke@pugetsoundfire.org) for approval
2021-04-20 - 8:53:58 PM GMT
El, Document emailed to Brian Snure (brian@snurelaw.com) for approval
2021-04-20 - 8:53:58 PM GMT
fr Email viewed by Lavina M. Brennecke (lbrennecke@pugetsoundfire.org)
2021-04-20 - 8:57 12 PM GMT- lP address: 146.129.253.217
ds Document approved by Lavina M. Brennecke (lbrennecke@pugetsoundfire'org)
Approval Dale:202'l-04-2O - 8:57:32 PM GMT - Time Source: server- lP address: 146 129 253.217
fi Emaitviewed by Brian Snure (brian@snurelaw.com)
2021-04-20 - 9:01:47 PM GMT- lP address: 73.19.50'235
fl Emaitviewed by Matthew L Morris (mlmorris@pugetsoundfire.org)
2021-04-20 - 9:15:44 PM GMT- lP address: 146.129.253.203
ds Document approved by Matthew L Morris (mlmorris@pugetsoundfire.org)
Approval Dale:202i-04-20 - 9:16:03 PM GMT - Time Source: server- lP address: 146 129253'203
fi Email viewed by Lindsey Arsanto (larsanto@pugetsoundfire.org)
2021-04-20 - 9:17.46 PM GMT- lP address: 146.129.253.203
@ naoue s:sn
/6 Document approved by Lindsey Arsanto (larsanto@pu getsoundfi re. org)
Approval Date:2021-04-20 - 9:18:12 PM GMT - Time Source: server- lP address: 146.129 253 203
ds Document approved by Brian Snure (brian@snurelaw'com)
Approval Dale:2021-O4-20 - 9:26:04 PM GMT - Time source: server- lP address: 73.19.50.235
g Agreement completed.
2021-04-20 - 9:26:O4 PM GMT
@ naou. sisn