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HomeMy WebLinkAboutCAG2021-202 - Original - Washington State Military Department - Emergency Management Performance Grant EMPG #E21-125 - 06/01/20203. 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