HomeMy WebLinkAboutCAG2022-113 - Original - Puget Sound Regional Fire Authority - Homeland Security Award MOU - EMPG (E22-142 and E22-256) - 06/01/2022KENT
Agreement Routing Form
For Approvals, Signatures and Records Management _
This form Lombines & replaces the Request for Mayor's Signature and Contract Cover Sheet forms.
(Print on pink or cherry colored paper)WAsHtNcroN
E
oLo.c
Originator:
Robert Goehring, CitY Auditor
Department:
Finance
Date Sent:
03t2412022
Date Required:
0410112022
Authorized to Sign:
E Director or Designee El MaYor
Date of Council Approval
tl /n
Budget Account Number;
N/A
Budget? EYes ENo
Grant? El Yes El No
Type:
g
o*,
IE
ELorts
E
tP
C(,
Eo
otl-gl
Vendor Name:
Puget Sound Regional Fire Authority
Category:
Other - Memorandum of Understanding
Vendor Number:
N/A
Sub-Category:
N/A
Draiar!11"-o. Homeland Security Award MOU between the''""'-'Sound Regional Fire Authority - EMPG (E22-
City of Kent and the Puget
142 andE22-256)
Establishes the requirements
ProJect uetarrs:1E22- 142 and E22:2sG), inclu
Agreement and other federal
governing the RFA's administration of the EMPG Awards
ding adherence to terms and conditions of the Grant
requirements.
Agreement Amount:
Start Date: 0610112022
Basis for Selection of Contractor: Other - N/A
Terminarion Dare: 1213112022
Local Business? EYes El No*
*lf meets requirements per KCC 3.70.100, please complete'Vendor Purchase-Local Exceptions" form on Cityspace.
Notice required prior to disclosure?
EYes El No
Contract Number:
c _tl6
ttlc
P
=-O=E=\-v It-t s,o=E,iotrttl
UI
Date Received by City Attorney:
RtrGtr[\/trD
MAR 2 4 702?.
i'{ENT LAW DEPT.
Comments:
1
ElgsJea reh,no*xpr* t^tl **'..*-&
Date Routed to the Mayor3 Office: 3 e-q Oa ( t-u d 4^jl
Date Routed to the City Clerk's Office:3
adcw22373-l-20 Visit Documents.KentWA.gov to obtain copies of all agreements
HOM ELAN D SECU RITY AWARD
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF KENT
AND
PUGET SOUND REGIONAL FIRE AUTHORITY
EMERGENCY MANAGEMENT PERFORMANCE GRANT
GRANT AGREEMENT NUMBERS E22-T42 AND E22.256
This Memorandum of understanding (Mou), entered into tnis l&fauy or4Pr'(. ?"k"^
the City of Kent, a Washington municipal corporation (hereinafter the "City") bnd the Puget
Sound Regional Fire Authority, hereinafter the "RFA", a Washington municipal corporation
formed in accordance with Chapter 52.26 RCW.
RECITALS
WHEREAS, the City is an applicant for Emergency Management Performance Grant ("EMPG")
funds (Catalogue of Federal Domestic Assistance-CFDA 97.O42) under Public Law 113-
76, as amended by Post-Katrina Emergency Management Reforms Act of 2006
(PKEMRA), as amended, (Pub. L. No, 109-295) (Title 6 U.S,C Chapter 762, Section 662,
Public Law 109-295, Title 6 U.S.C. 762, as amended by Earthquake Hazards Reduction
Act of L977, Public Law 95-124, Title 42U.S.C77OL, as amended by RobertT. Stafford
Disaster Relief and Emergency Assistance Act, Public Law 93-288, Title 42U.5'C5L2I,
as amended by National Flood Insurance Act of 1968, Public Law 90-448, Title 42 U'S'C
4001; and
WHEREAS, the City desires to contract with the RFA for the performance of certain eligible
activities described within this MOU; and
WHEREAS, it is appropriate and mutually desirable that the RFA be designated by the City
to undertake the aforementioned eligible activities, so long as the requirements of the
EMPG award, Homeland Security regulations, and state and local laws are adhered to,
as provided for herein; and
WHEREAS, the purpose of this MOU is to provide for cooperation between the City and the
RFA, as the parties to this MOU, in the provision of such eligible activities; and
WHEREAS, the parties are authorized and empowered to enter into this MOU pursuant to
the Uniform Administrative Requirements, Cost Principles, And Audit Requirements for
Federal Awards aka the Common Grant Rule (2 CFR Part 200), Chapter 39.34 RCW,
and/or by the Constitution and the enabling laws of the State of Washington; NOW
THEREFORE,
For and in consideration of the terms and conditions provided in this MOU, the parties
mutually covenant and agree as follows:
MOU, Kent and RFA
EMPG E22-142 and 256
Inoex To MOU
SECTION I - GENERAL CONDITIONS ....,.........
A. Scope Of MOU.......
B. Scope Of Project
C. Purpose And Primary Objective.
D. Commencement And Termination Of MOU..'..
E. Administration.............
F. Compensation And Method Of Payment .'..'."
G. Eligible Costs.....
H. Operating Budget
L Approval And Amendments ........ "J. Assignment And Subcontracting
K. Hold Harmless And Indemnification '.'..'..'.'...L. Project Close-Out
M. Insurance...
N. Conflict Of Interest
O. Suspension And Termination Of MOU..'.....'."
SECTION II - FEDERAL, STATE, AND LOCAL PROGRAM REQUIREMENTS
A. Subawards And Contracts By Subrecipient....."..
B. Budget, Reimbursement, and Timeline
C. Reporting
D. Equipment And Supply Management '."."'.'....'E. Environmental And Historical Preservation
F. Procurement,......,,.......
G, Subrecipient Monitoring. 'H. Limited English Proficiency (Civil Rights Act Of 1964 Title VI)...
I. NIMSCompliance.,....,,
J. EMPG Program Specific Requirements ..'....'.....
K. DHS Terms And Conditions...,.
L. EMPG Work P|an....,,.....
M. Public Information,.....,.,
N. Other Federal And State Requirements
O. Local Requirements
SECTION III - MONITORING AND REPORTING REQUIREMENTS "."...'''A, Monitoring
B, FiscalReportingResponsibilities
C, Audits.,......
SECTION rV - RECORDKEEPING REQUIREMENTS....,......
A. Program Records and Inspections.,'...".'.
B. Financial Records
C, Records Of Program Operations, Management And Evaluation.."'..
D. Procurement Records
E. Nondiscrimination And Equal-Opportunity Records .....
F. Conflict Of Interest
G. VerificationOfsubcontractor'sEligibility
MOU, Kent and RFA
EMPG E22-142 and 256
1
1
1
2
2
2
3
3
3
4
4
4
5
5
5
6
6
7
7
7
7
7
7
7
7
7
8
I
8
8
9
9
9
10
10
11
11
11
t2
12
A
SECTION I - GENERAL CONDITIONS
Scope Or MOU
The agreement between the parties shall consist of this MOU and its signature page;
the recitals page; the general conditions and any special conditions; the federal, state
and local program requirements; the monitoring and reporting requirements; the
recordkeeping requirements; each and every project exhibit, appendix, and
attachment incorporated into the MOU; all matters and laws incorporated by
reference herein; and any written amendments made according to the general
conditions, This MOU supersedes any and all former agreements applicable to
projects attached as Exhibits to this MOU'
Scope Or Pnorecr
The RFA shall use the funds provided herein only to perform the activities authorized
by this MOU and as set forth in the Washington State Military Department Grant
Agreement No. E22-L42 and E22-256 (Grant Agreement), which are attached as
Eihibits A and B. resoectivelv. incorporated by this reference. This MOU may be
amended in writing from time to time, in accordance with the general conditions, for
the purpose of adding new projects, amending the scope of work, or for any other
lawful purpose.
C. PURPOSE AND PRIMARY OBJECTIVE
The purpose of each of each respective Grant Agreement (Exhibits A and B) is to
provide U,S. Department of Homeland Security (DHS) Emergency Management
Performance Grant (EMPG) funds to local jurisdictions and tribes with emergency
management programs to support and enhance those programs as described in the
FY 2O2L EMPG Work Plan (Exhibit C of each of Grant Agreement)'
pursuant to Section III Purpose of the Interlocal Agreement for the Division of
Services Resutting from the Formation of the Kent Fire Department Regional Fire
Authority, the RFA performs the following services on behalf of the City: Fire
Prevention, Emergency Management, and Fire Investigation Services' Further,
Exhibit C Office of Emerqencv Manaqement of the Interlocal Agreement requires the
RFA to apply for and manage all disaster recovery grants, Emergency Performance
Grants, and other public assistance grants.
Emergency Management Performance Grants (EMPG) can only be awarded to cities,
counties and tribes with emergency management programs. Therefore, the RFA is
not eligible to receive Emergency Performance Grants (EMPG) directly from the
Washington State Military Department. Because the RFA administers the City's
emergency management program, the City is providing the EMPG funds received
pursuant to each respective Grant Agreement to the RFA'
MOU, Kent and RFA
EMPG E22-142 and 256
B
D CouuTICEMENT AlrO TCNUINATION OT MOU
This MOU will commence on June 1, 2O2L and will terminate on September30'2022
and December 31, 2022, respectively, for E22-I42 and E22-256 (Grant Agreement
respective start and end dates), unless otherwise extended in writing through an
amendment to the either or both Grant Agreement, as may be necessary for the
proper administration of this MOU. No work on a project funded by this MOU shall
occur prior to June 1, 2O2L The RFA shall take all necessary precautions and shall
be responsible for the safety of its employees, agents, and subcontractors in the
performance of the contract work and shall utilize all protection necessary for that
purpose. Costs incurred prior to start date of this MOU will not be reimbursed.
This MOU is contingent upon the availability of funds to be allocated through federal
appropriations. Therefore, should funds to support RFA's services not be made
available through anticipated federal appropriations, this MOU shall immediately
terminate without risk or liability to the City and without obligation to disburse funds
or to reimburse RFA any funds expended in anticipation of funding availability. All
work shall be done at RFA's own risk, and RFA shall be responsible for all losses
associated with services provided before the City issues its written notice to proceed.
All acts consistent with the authority of the MOU and prior to the date of the MOU's
execution are hereby ratified and affirmed, and the terms of this MOU shall be
deemed to have applied.
AourntsrRATroN
1. The RFA shall appoint a liaison person who shall be responsible for overall
administration of EMPG funded project(s) and coordination with the City's
Finance Department. The person appointed shall be designated in Exhibit C,
which is attached and incorporated by this reference. The RFA shall also
designate one or more representatives who shall be authorized to submit the A-
19 Invoice Form and completed Reimbursement Spreadsheet (in the format
provided by the Washington State Military Department) detailing the
expenditures for which reimbursement is sought, which are established through
each respective Grant Agreement'
2. The RFA shall provide ten (10) days written notice to the City of any changes in
program personnel as established through this MOU and Article I Key Personnel
of each respective Grant Agreement.
CoMpeNsarroN AND Mernoo Or Plvurrur
1. The City shall reimburse the RFA only for eligible costs allowed pursuant to, and
in an amount not to exceed the amount specified, in each respective Grant
Agreement, and according to the procedures developed by the City of Kent'
Reimbursement shall be based on the A-19 Invoice Form, and completed
Reimbursement Spreadsheet, which shall be submitted to the Military
Department by the RFA's authorized representative.
E
F
MOU, Kent and RFA
EMPG E22-142 and 256 2
The RFA shall submit an A-19 Invoice Form and completed reimbursement no
later than the due dates Iisted within the Timeline (Exhibit E of each respective
Grant Agreement), but not more frequently than monthly. The City reserves
the right to demand and recover reimbursements made for ineligible costs.
Errcrsle Cosrs
1, All costs incurred must be reasonable and of a nature which clearly relate to the
specific purposes and end product of each respective Grant Agreement under
which the services are being performed. Care must be taken by all concerned
in incurring costs to assure that expenditures conform to these general
standards and the following criteria for eligibility of costs.
2. To be eligible for reimbursement, costs must:
(a) Be necessary and reasonable for proper and efficient execution of the
contractual requirements and in accordance with an approved budget'
(b) Be no more liberal than policies, procedures, and practices applied
uniformly to other activities of the Agency.
(c) Be accorded consistent treatment through application of account policy
and procedures approved and/or prescribed herein.
(d) Not be allowable under or included as costs of any other federal, state,
local or other agency-financed programs in either prior or current periods'
(e) Be net of all applicable credits such as purchase discounts, rebates or
allowances, sales of publication or materials, or other income or refunds.
(0 Be fully documented,
OprnarrnG BUDGET
The RFA shall apply the funds received from the City under this MOU in accordance
with Exhibit F Budget of each respective Grant Agreement'
AppnOVEI AND AMENDMENTS
The City is required under federal grant agreements to enter into separate grant
agreements with the RFA for each award, The MOU for Grant Agreement Number
efO-fOe was approved by the City Council and by the RFA Governance Board,
respectively, on March L,2OL6 and on March L6,2OL6. At that time, the City Council
authorized the Mayor to approve all subsequent MOUs covering EMPG grant
agreements unless there was a substantial change in the terms or conditions of the
MOU or each respective Grant Agreement.
Pursuant to Kent City Code 3.70.230, revised in December 2019, the Mayor is now
authorized to approve contracts and interagency agreements valued at $100,000 or
less. Accordingly, because this MOU no longer requires Kent City Council
2
G
H
I
MOU, Kent and RFA
EMPG E22-142 and 256 3
J
authorization, it will be routed to the Mayor for approval, Further, for RFA approval,
this MOU will be routed according to RFA contracting procedures.
Either party may request modifications in the scope of permissible activities, terms,
or conditions of this MOU. Proposed modifications which are mutually agreed upon
shall be incorporated by a written amendment to this MOU.
K.
ASSIGNM ENT AN D SUECONTRACTING
1. The RFA shall not assign any portion of this MOU without the written consent of
the City, and it is further agreed that said consent must be sought by the RFA
not less than fifteen (15) days prior to the date of any proposed assignment.
2. Any work or services assigned or subcontracted hereunder shall be subject to
each provision of this MOU and proper bidding procedures to the extent herein.
Holo Hanutess Ano InoeMNrFrcATroN
1. The RFA agrees that it is financially responsible and liable to the City for any
audit exception or other financial loss to the City which occurs due to the RFA's
negligence or failure to comply with the terms of this MOU unless such audit
ex-eption or other financial loss is the result of the City's negligence or failure
to comply with the terms of this MOU in which case the City shall be financially
responsible for such audit exception or other financial loss.
Z. The RFA further agrees to defend, indemnify, and hold the City, its elected and
appointed officials, agents, and employees, while acting within the scope of their
duties as such, harmless from and against all claims, demands, and causes of
action of any kind or character, including the cost of defense thereof, arising in
favor of any person(s), including RFA's employees or third parties on account of
personal injuries, death, or damage to property arising out of services performed
or omissions of services or in any way resulting from the acts or omissions of
the RFA and/or its agents, employees, volunteers, subcontractors, or
representatives under this MOU'
3. The City further agrees to defend, indemnify, and hold the RFA, its elected and
appointed officials, agents, and employees, while acting within the scope of their
duties as such, harmless from and against all claims, demands, and causes of
action of any kind or character, including the cost of defense thereof, arising in
favor of any person(s), including City's employees or third parties on account of
personal injuries, death, or damage to property arising out of services performed
or omissions of services or in any way resulting from the acts or omissions of
the City and/or its agents, employees, volunteers, subcontractors, or
representatives under this MOU'
L. Pnorecr Closr-Our
The RFA acknowledges and agrees that the amounts set forth in each respective
Grant Agreement shall be used only to reimburse the RFA for eligible costs incurred
by the RFA during the period set forth in said Grant Agreement and that upon
MOU, Kent and RFA
EMPG E22-142 and 256 4
N
M
o
expiration of such period, or upon earlier termination pursuant to this MOU, the RFA
shall have no interest in any said amount which is not required to reimburse the
Agency for eligible costs incurred before such expiration or earlier termination.
fnsunance
The RFA shall maintain insurance in the types and amounts set forth in Exhibit D,
which is attached and incorporated by this reference.
Conrucr Or Iurenrsr
A. Interest of Officers, Employees, or Agents - No officer, employee, or agent of the
City or the RFA who exercises any functions or responsibilities in connection with
the planning and carrying out of the City EMPG program or the RFA's project, or
any other person who exercises any functions or responsibilities in connection with
the City's Finance Department, shall have any personal financial interest, direct
or indirect, in the MOU, and the City and RFA shall take appropriate steps to assure
compliance.
B. Interest of Subcontractor and Their Employees - The RFA agrees that it will
incorporate into every contract or subcontract, which is required to be in writing
and made pursuant to this MOU, the following provisions:
The Contractor covenants that no person who presently exercises
any functions or responsibilities in connection with the City EMPG
program has any personal financial interest, direct or indirect, in
this Mou. The contractor further covenants that he/she
presently has no interest and shall not acquire any interest, direct
or indirect, which would conflict in any manner or degree with the
performance of his/her services hereunder. The Contractor
further covenants that in the performance of this MOU, no person
having any conflict of interest shall be employed. Any actual or
potential conflict of interest on the part of the Contractor or
his/her employees must be disclosed to the RFA and the City'
SuspensroN AND TrnurrunuoN OF MOU
1. Suspension for Failure to Perform - In the event of a failure to comply with any
terms or conditions of this MOU or failure to provide in any manner the activities
or other performance as agreed to herein, the City reserves the right to withhold
all or any part of payment, suspend all or any part of the MOU, or prohibit the
RFA from incurring additional obligations of funds until the City is satisfied that
corrective action has been taken or completed. The option to withhold funds is,
in addition to and not in lieu of, the City's right to terminate the MOU pursuant
to Paragraph (2) of this Subsection O.
2. Termination of MOU bv the City - This MOU is subject to termination upon thirty
(30) days written notice by the City to the Agency in the event that:
(a) The RFA mismanages or makes improper or unlawful use of EMPG funds;
MOU, Kent and RFA
EMPG E22-142 and 256 5
(b) The RFA fails to comply with any term or condition expressed herein or
any applicable federal, state, or local regulations or ordinances;
(c) EMPG funds no longer become available from the federal government or
through the CitY;
(d) The RFA fails to carry out activities required by this MOU; or
(e) The RFA fails to submit reports or submits incomplete or inaccurate
reports in anY material resPect.
3. Termination of MOU by the RFA - This MOU is subject to termination upon thirty
(30) days written notice by the RFA to the city in the event that:
(a) The City fails in its commitment under this MOU to provide funding for
services rendered, as herein provided; or
(b) EMPG funds no longer become available from the federal government or
through the CitY,
4. Unless otherwise terminated pursuant to Paragraphs (2) and (3) of this
Subsection O, this MOU shall terminate on the termination date specified in
Section I Subsection D of the MOU and shall be subject to extension only by
mutual agreement and amendment in accordance with Section I Subsection I of
this MOU.
5, Upon termination of this MOU, any unexpended balance of Grant Agreement
funds shall remain with the CitY.
6. In the event termination occurs under Paragraph (2) of this Subsection O, the
RFA shall return to the City all funds that were expended in violation of the terms
of this MOU, if any, including, but not limited to, any unexpended EMPG funds
distributed to the RFA under this MOU, any accounts receivable, or any assets
or interests therein of any type and in any form acquired, leased, or rehabilitated
with EMPG monies.
SECTION II . FEDERAL. STATE- AND LOCAL PROGRAM REOUIREMENTS
A. SUBAWARDS AND CONTRACTS BY SUBRECIPIENT
The RFA will comply with all requirements as reflected in Article II Section A -
Subawards & Contracts Bv Subrecipient of each respective Grant Agreement'
B. BUDGET, REIMBURSEMENT, AND TIMELINE
The RFA will comply with all requirements as reflected in Article II Section A - Budget,
Reimbursement and Timeline of each respective Grant Agreement and Section I
subsection F compensation And Method of Pavment of the Mou.
MOU, Kent and RFA
EMPG E22-142 and 256 6
C. REPORTING
The RFA will comply with all requirements as reflected in Article II Section A -
Reporting of each respective Grant Agreement and Section I Subsection F
Compensation And Method Of Payment of the MOU.
D. EQUIPMENT AND SUPPLY MANAGEMENT
The RFA will comply with all requirements as reflected in Article II Section A -
Equioment And Supply Manaoement of each respective Grant Agreement.
E. ENVIRONMENTAL AND HISTORICAL PRESERVATION
The RFA will comply with all requirements as reflected in Article II Section A -
Environmental And Historical Preservation of each respective Grant Agreement.
F. PROCUREMENT
G
H
I
The RFA will comply with all requirements as reflected in Article II Section A -
Procurement of each respective Grant Agreement.
SU BRECIPIENT MONITORING
The RFA will comply with all requirements as reflected in Article II Section A -
Subrecipient Monitoring of each respective Grant Agreement'
LTMITED ENGLISH PROFICIENCY (CIVIL RIGHTS ACT OF 1964 TITLE VI)
The RFA will comply with all requirements as reflected in Article II Section A - Limited
Enqlish Proficiencv (Civil Rights Act Of 1964 Title VI) of each respective Grant
Agreement.
NIMS COMPLIANCE
The RFA will comply with all requirements as reflected in Article II Section A - NIMS
Compliance of each respective Grant Agreement.
EMPG PROGRAM SPECIFIC REQUIREMENTS
The RFA will comply with all requirements as reflected in Article II Section B - EMPG
Prooram Specific Requirements of each respective Grant Agreement.
DHS TERMS AND CONDITIONS
The RFA will comply with all requirements as reflected in Article II Section C - DHS
Terms And Conditions of each respective Grant Agreement.
T
K
MOU, Kent and RFA
EMPG E22-142 and 256 7
M
L. EMPG WORK PLAN
The RFA will administer the EMPG award in accordance with the Work Plan established
through Exhibit D FY 2021 EMPG Work Plan of each respective Grant Agreement.
Puelrc Inronulrron
1. In all news releases and other public notices related to projects funded under
this MOU, the RFA shall include information identifying the source of funds as
the City of Kent EMPG Program.
2. Pursuant to Exhibit B Part A,23 Publicitv of each respective Grant Agreement,
the RFA agrees to submit to the Washington Military Department prior to
issuance all advertising and publicity matters relating to each respective Grant
Agreement wherein the Department's name is mentioned or language used from
which the connection of the Department's name may, in the Department's
judgment, be inferred or implied. The RFA agrees not to publish or use such-advertising and publicity matters without the prior written consent of the
Department.
3. The RFA acknowledges that this MOU and any other information provided by it
to the City and/or relevant to the project(s) described in the Exhibit(s), are
subject to the Washington State Public Disclosure Act, Chapter 42'56 RCW,
except to the extent specifically exempted from disclosure therein.
Ornen Frornal Ano Srare RequrneMENTS
The absence of mention in this MOU of any other federal or state requirements, which
apply to the award and expenditure of federal funds made available by this MOU, is
not intended to indicate that those federal or state requirements are not applicable
to RFA activities. The RFA shall comply with all other federal and state requirements
relating to the expenditure of federal funds, including but not limited to the Hatch Act
(5 U.S-C. 5 15) regarding political activities and the Architectural BarrierAct of 1968
(42 U.S.C. g 4L5L, et seq.).
o LocAL REQUIREMENTS
The activities performed under this MOU are for the purposes of serving residents of
the RFA service area and the RFA shall, to the extent reasonably possible, not use
said funds to provide services outside the RFA service area, or for any other purpose,
except as specifically authorized by this MOU'
MOU, Kent and RFA
EMPG E22-142 and 256
N
8
SECTION III . MONITORING AND REPORTING REOUIREMENTS
A. Moutonrnc
Article II Administrative And/Or Financial Requirements Section A - Subsection 7
Subrecipient Monitorinq of each respective Grant Agreement reflects that the Military
Department will monitor the activities of the Sub-grantee from award to close-out'
The RFA understands and agrees that it will be monitored by the City and the Military
Department from time to time to assure compliance with all terms and conditions of
this MOU and all applicable local, state, and federal laws, regulations, and
promulgated policies. Monitoring by the City under this MOU may include, but not
be limited to on-site inspections by City staff. The City reserves the right to contract
with another local government or other contracting party to perform this service.
The RFA shall provide to the City a copy of any Military Department monitoring report
no later than thirty (30) days after the issuance of the report to the RFA. The RFA
shall provide to the City its response and corrective action plan for all areas of concern
contained in the monitoring report,
B. FTSCNIREPONUNGRESPONSIBILITIES
The RFA shall provide fiscal statements or reports as may be required from time to
time by the City, which statements or reports, or both, must indicate the status of all
accounts and funds being used to perform under this MOU, The RFA shall maintain
proper documentation and records of all expenditures incurred pursuant to the terms
of this MOU in a manner as will facilitate auditing by the Department of Homeland
Security, the Washington Military Department, and/or the City'
C. Auorrs
If the RFA expends a total of $750,000 or more in federal financial assistance
and has received federal financial assistance from the City during its fiscal year,
it shall have an independent audit conducted of its financial statement and
conditions, which shall comply with the requirements of generally accepted
auditing standards (GAAS); General Accounting Office (GAO's) Standards for
Audits of Governmental Organizations, Programs, Activities, and Functions; and
the Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards aka the Uniform Guidance (2 CFR Part 200),
as amended, and as applicable. Such audits are to be performed by the
Washington State Auditor's Office (SAO).
The RFA shall provide a copy of the audit report to the City no later than thirty
(30) days after the audit's completion or (6) months subsequent to the end of
the RFA's fiscal year, whichever date is sooner. The RFA shall provide to the
City its response and corrective action plan for all findings and reportable
conditions contained in its audit. When reference is made in its audit to a
MOU, Kent and RFA
EMPG E22-142 and 256
1
I
Management Letter or other correspondence made by the auditor, the RFA shall
provide copies of those communications and the RFA's response and corrective
actions plan,
The Catalog of Federal Domestic Assistance (CFDA) number for the EMPG
program is 97.042.
SECTION IV - RECORDKEEPING REOUIREMENTS
A. PnOCMU RTCONOS AND INSPECTIONS
The RFA shall make, maintain, and preserve books and records, of whatever form,
detailing all EMPG-related expenditures and costs incurred by the RFA. All such books
and recbrds shall be made available to representatives of the City or the Military
Department, or both, for formal inspection and, where necessary, copying'
Intentional noncompliance with this provision shall constitute a material breach of
this MOU.
Throughout the term of this MOU, the RFA shall establish and maintain current the
records described in this Section. These records shall conform to the requirements
and specifications of their individual source authorities, which are cited herein' Be
advised that the listing in this Section is intended only to assist the RFA in identifying
the required records and their respective authorities, and is not all inclusive.
1. Time for Retention of Records - Except where otherwise specifically provided,
all records as of the end of the term of this MOU shall be kept in an accessible
file for at least six (6) years following final payment and closure of the grant
under each respective Grant Agreement'
2. Contract and Amendments - A complete copy of this MOU and all amendments
thereto and notices there under.
3. Records of City Approvals - Copies of all requests for amendments or revisions
to this MOU and the City's subsequent approval or denial of such requests as
are required under this MOU'
4. Subcontracts and Agreements - Complete copies of all contracts, subcontracts,
and agreements with third parties into which the RFA enters in the
performance under this MOU; and all correspondence, reports, and other
documentation pertaining to such contracts, subcontracts, and agreements.
5, Additional Contract Requirements - The RFA shall submit to the City a copy of
the most recent independent financial audit and a current list of the RFA's
board of directors'
Frruercral REcoRDs
The RFA shall maintain all accounting records that accurately record the source and
application of all funds; and recording funds received under this MOU, all other
receipts, assets, authorizations and appropriations, obligations, disbursements and
unobligated balances, The records must:
MOU, Kent and RFA
EMPG E22-142 and 256
2
B
10
1. Permit comparison of actual outlays with budgeted amounts;
2. Permit reporting of financial data on the accrual basis;
3. Be supported by source documentation;
4. Be independently audited usually annually, but not less frequently than every
two years.
C. ReCOnos Or PnOCnaM OprRAuONs, MANAGEME1T Ano EyALUATION
The RFA shall maintain all records of:
1. Operating policies and procedures;
2. Employee qualifications, training, and evaluation;
3. principal operations data: work units completed; clients served, classified by
client and service characteristics; staff hours utilized; etc.
4. Self-evaluation of services, programs, and employment practices for
compliance with 504 and ADA requirements'
D. Pnocunruett Reconos
The RFA shall maintain all records of:
1. RFA's adopted code of conduct governing officers'and employees'actions in
contracting and Purchasing;
2. RFA's standard operating procedures for authorizing and executing purchases
and contract procurements of various sizes and types'
3. RFA's procurement procedures utilized and the basis for supplier
selection/contract award, for individual purchases or contracts exceeding the
dollar thresholds established in 2 CFR 200.320 Methods of Procurement To Be
Followed.
E. NonorscnrMrNATroN AND EQUAI-OpponruNrrY Rrconos
The RFA shall maintain:
1. A tabulation of all RFA employees classified by race, position, and salary in the
format of the U.S. Equal Employment Opportunity Commission Form EEO-4.
2. Data identical to that required under A. and B. above for any subcontractor or
agent employed in the performance under this MOU'
3. Documentation of all substantive actions taken to assure that no prohibited
discrimination occurs in the conduct of any of the RFA's operations'
4. Documentation of all actions taken to make minority residents aware of the
RFA's services and provide them with equal access to benefits.
MOU, Kent and RFA
EMPG E22-142 and 256 11
5 Record of the racial classification and gender of the majority owners of each
private for-profit business with which the RFA contracts with any funds
provided under this MOU,
F Corurlrcr Or Inrenrsr
1. The RFA shall maintain records documenting that all RFA board members,
officers, employees and consultants have been informed of the conflict of
interest provisions of Exhibit B Part A,9 of each respective Grant Agreement
and have acknowledged understanding those provisions.
Z. The RFA shall maintain a complete record of all requests for exceptions
submitted under each respective Grant Agreement'
G. Vrnrrrcerron Or SugcoNrRAcroR's EtrclsrlrtY
The RFA shall maintain records documenting that the RFA, all subcontractors, and
consultants have been determined not to be currently debarred, suspended, denied
participation or declared ineligible to participate in federal government funded
programs.
IN WITNESS, the parties below execute this Memorandum of Understanding,
which shall become effective on the last date entered below. All acts consistent
with the authority of this Memorandum of Understanding and prior to its effective
date, but no earlier than June \ 2O2Lt are ratified and affirmed, and the terms of
this Memorandum of Understanding shall be deemed to have applied.
MOU, Kent and RFA
EMPG E22-142 and 256
KENT FIRE DEPARTMENT REGIONAL FIRE
AUTHORITY:
CITY OF KENT:
Print Name
Pri ame:Title:
Title DATE:2
DATE:z>
APP
Law De artment
12
EXHIBIT A
MEMORANDUM OF UNDERSTANDING
Grant Agreement
EMPG Grant Agreement Number E22-L42
MOU, Kent and RFA
EMPG E22-142 and 256
Washington State Military Department
E GRANT FACE SHEET
Agreement Number:3.
E22-142
2. Grant Agreemenl Amounl
971,041Kent, City of
Emergency Managemant Dlvlsion (EMD)
220 4th Ave S
Kent. WA 98032-5838
Subrecipient and Address;
September 30,2022
Agreemenl5. Grant Agreement Slarl Date;
June 1, 2021
7. Subrecipient Conlac't, phone/email:
Robert A. Goahrlng, 253{56-5262
rqoehrins@kentwa.oov
9. UBI # (stale revenue):
173.000.002
8. Dala Universal Nurnbering Syslem (DuNs)
020253613
Z DEparlment Contact, phone/email:
Michael Alston, 253-51 2-7083
michael.alston@mil.wa.gov ,
12.
713PT
):
14. Total Amount:
and lhe U.S
13. Assistance
87
Award Date:
lndex # &
10. Funding AuthorltY:
StateWash
11 . Federal Award
of Homeland
# (formerly CFDA)
EIN:
-6001254
1 9. Women/Minority-Owned, Slate
Certlfied: Erun trruo
E ves, oMl ,BE
18, Servlce Area by tuunty(i€sl:
King
17. Servlce Dislricts:
(BY LEGISLATIVE DISTRICT;: 11, 33, 47
{BY CONGRESSIONAL DISTRICT}: g.g -,,,.,
21. Contract Type (checx all that apply):
E contract I Grant E Agreemenl
2O. Agreement Classifi calion:
E Personal Services E C[enl Services El Public/Local Gov't
E Researdr/Development D rue I oner_
23. Subrecipient Type (check all that epply):
E Private Organization/lndividual I For'Profit
I euHic Organlzalion/Jurisdiclion fJ Non'Profit
tl conrRR-croR I sugReclPlENT D orHERE riteo wloFM? fJ Advertised? n YEs tr ruo
22. Subrecipient Seleclion Process:
I "to all who apply & qualiff" I Competitive Biddingil sote source E rue acw n Hte
24.
those programo as describsd in the Work Plan'
-EP-00007-s01
incl referencedalltermsthethisofAgreement,udingandtheEREOFandacceptDeparlmentacknowledgebrecipienlIN
ofas datelhe below Thisexecutedlhisinmadeandaandhavearehereof.AgreementwhichparlAttachmentsherebyincorporated
LetlerAwardEMPG2andTermsConditionsGeneralB)&Terms Condilions (AttachmentA):Sheel;Face (AttachmenlAgreementSpecial
and otherallTimelineE);(Attachment F):Work Plen D);(Attachment BudgetEMS.2O2 c);(Atladrmenl(Altachmenl
and thetheconlainhereinlheallandlermsconditionspartiesgovemandreferencedagreedbyupondocumenlsincorporaledexpressly
lhe ofmatler thisol'otherNo oral othErwise,subiectoflhethistoregardingunderslandings,and obligations parties Agreemenl.righls
hereto.theexistto
ln lhe arenl of an inconslsteney in this Agreement, unless othenrise
precedence in lhe following order:1. Applicable Federal and State Statutes and Regula0ons
2. DHSTFEMA Award and program documents
3. Work Plan, Timeline' and Budget
4. Special Terms and Conditions
5. General Terms and Conditions, end,
6. Other orovlslons of the Aoreement lncomoraied bv reference
the inconsistency shall be resolved by giving
Washington Slate Military Deparlment
BOILERPLATE APPROVED AS TO FORM:
Dawn C. Cortez lAugust 10,20211
Assistant Attomey General
hereto have
l('tcl-L,
TO FORM (if applicable):
DE
I
City
Date
Date
ll I
Anne Hesse, Chief Financial Officer
yeat specilied below,
Date DateSignature
Dana
City of Kent
Morris, Fire Chief
FOR THE SUBREGIPIENT:
12t9t2021
Agreement on the
DHS.FEMA-EMPG.FY2l Page 1 of36 Gily of Kenl EMD,E22-142
Attachment A
SPECIAL TERMS AND CONDITIONS
ARTICLE I. KEY PERSONilEL
fnJ indvr=Ouats iisteO Ublow snatl be considered key personnel for point of contact under this Agreement. Any
junsiiiuiion of pii perionnet Uf einer piny srratt bei drade by writteh notification to the current key personnel.
SUBRECIPIENT ARTMENT
Name MichaelAlstonRobert A. GoehrinqName
Title ProEram CoordinatorTitleCitv Auditor
Email M ichael.alston@mi l.wa. govrqoehrinE@kentwa.govEmail
Phone 253-512-7083Phone253-856-5262
Name Tizah KincheloeMatthew MorrlsName
Program ManagerTitleTitleFire Chief
Email tirzah.ki n chel oe@-mil.wa. g ovEmailmlmorris@pu getsoundfire.org
253-512:7456253-8564311 PhonePhone
Courtnev BemusNameNameJeff DiDonato
Prooram AssistantTitleTitleEill Division Chief
Email cou rtnev. bem us@mil.wa.govididonato@ouqetsou ndfire.orgEmail
Phone 253-316-6438Phone253-8564345
NameNarneJennifer Keizer
TitleTitleEM Prooram Coordinator
Emailid keizer@puqetsou ndfire.orgEmail
PhonePhone253-8564342
NarneNamePaula Painter
TitleTitleFinance Director
ooainter@kentwa.gov EmailEmail
PhonePhone253-856-5260
ARTICLE II. ADMINISTRATIVE AND'OR FINANCIAL REQUIREiIENTS
The Subrecipient shall comply with all applicable state and federal laws, rules, regulations, requirements and
program guidance identified or referenceb in tnis Agreement and the informational documents published by
bHSlfelrfi applicable to the 21EMPG Program, including, but not limited to, all criteria, restrictions, and
requiremants oi ltre Dapartment of Homelaid Security (DHs) Notice of Funding Opporlunity ryOFO) Fiscal
Ye'ar (FY) 2021 Emergency Management Pertotmance Grant (EMPG) document, lhe FEMA Preparedness
Granti fiianualdocumelnt (the Manual), the DHS Award Letterfor Grant No. EMS'2021EP-A0007'501, and the
federal regulations commonly applicable to DHS/FEMA grants, all of which are incorporated herein by reference.
The DHS Award letferis incorporated in this Agreement as Attachment C.
The Subrecipient acknowledges that since this Agreement involves federal award funding, the performance
period may begin prior to thJavailability of appropiiated federal funds. The Subrecipient agrees that it will not
hold the bepirtment, the state of Washington, or the United States liable for any damages, claim for
reimbursement, or any type of payment whatsoever for seryices performed under this Agreement prior to
distribution of appropriitecl federil funds, or if federal funds are not appropriated or in a pa(icular amount.
A. STATE AND FEDERAL REQUIREIT.,IENTS FOR DHS'FEMA PREPAREDNESS GRANTS:
The following requirements apply to atl DHS/FEMA Preparedness Grants administered by the
Department.
1. SUBAWARDS & CONTRACTS BY SUBRECIPIENT
a. The Subrecipient must make a case-by-case determination whether each agreement it
makes for the disbursement of 21EMPG funds received under this Agreement casts the
party receiving the funds in the role of a subrecipient or contractor in accordance with 2
cFR 200.331-
b. lf the Subrecipient becomes a pass-through entity by making a subaward to a non-federal
entity as its subrecipient:
DHS-FEMA,EMpG-FyZ1 Page 2 of 36 City of Kent EMD,E22-142
2.
i. The Subrecipient must comply with allfederal laws and regulations applicable to
pass-through entities of 2lEMPG funds, including, but not limited to, those
contained in 2 CFR 200.
ii. The Subrecipient shall require its subrecipient(s) to comply with all applicable
state and federal laws, rules, regulations, requirements, and Program guidance
identified or referenced in this Agreement and the informational docurnents
published by DHS/FEMA applicable to the 21EMPG Program, including, but not
iimitea to, ill criteria, restrictions, and requirements ol The Department of
Homeland Security (DHS) Natice of Funding Opportunity (NOFO) Fiscal Year
(FY) 2021 Emergency Management Pefformance Grant (EMPG) document, the
irilanual, the DHS Award Letter for Grant No. EMS-2021-EP'00007-501 in
Attachment C, and the federal regulations commonly applicable to DHS/FEMA
grants.
iii. The Subrecipient shatl be responsible to the Department for ensuring that all
Z1EMPG federal award funds provided 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 Attachment C of this Agreement.
BUDGET, REIIT'BURSEMENT, AND TIMELINE
a. Within the total Grant Agreement Amount, travel, subcontracts, salaries, benefits, printing,
eguipment, and other goods and services or other budget categories will be reimbursed
on air ac{ual cost basis upon completion unless otherwise provided in this Agreement.
b. The maximum amount of allreimbursement requests permitted to be submitted underthis
Agreement, including the final reimbursement 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 F),
additionaldocumentation is required based on the applicable siluation. As described in 2
CFR 200.414 and Appendix Vll to 2 CFR 200:
i. lf the Subrecipient receives direct funding from any Federal agency(ies),
documentation of the rate must be subrnitted to the Department Key Personnel
Per the following:
A. More than $35 million, the approved indirect cost rate agreement
negotiated with its federal cognizant agency'
B. Less than $35 million, the indirect cost proposal developed in accordance
with Appendix Vll of 2 CFR 200 requirements'
ii. lf the Subrecipient does not receive direct federalfunds (i.e., only receives funds
as a subrecipient), the Subrecipient must either elect to charge a de minimus
rate of ten percent (10Yo) or 1!o/o of modified total direct costs or choose to
negoliate a higher rate wilh the Department. lf the lafter is preferred, the
Subrecipient must contact Department Key Personnel for approvalsteps.
d. For travel costs, the Subrecipient shall comply with 2 CFR 200,475 and should consult
lheir internal policies, state rates set pursuant to RCW 43.03.050 and RGW 43.03.060 as
now existing or amended, and federal maximum rates sel forth at https:4www.9sa.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
Reimbursement Spieadsheet (in the format provided by the Department) detailing the
expenditures for which reimbursement is sought. Reimbursement requests must be
submitted to Reimbursements@mil.wa.qov no laler than the due dates listed within the
Timeline (Attachment E).
DHS.FEMA-EMPG.FY21 Page 3 of 36 City of Kent EMD,E22-142
3
Reimbursement request totals should be commensurate to the time spent processing by
the Subrecipient and the Deparlment'
f. Receipts and/or backup documentation for any approved items that are authorized under
this Agreement must be maintained by the Subrecipient consistent with record retention
requirements of this Agreement and be made available upon request by the Department
and auditors.
g. The Subrecipient must request prior written approval from Depadment Key Personnel to- waive or exiend a due date in the Timeline (Attachment E). For waived or extended
reimbursements, all allowable costs should be submitted on the next scheduled
reimbursement due date contained in the Timeline. Waiving or missing deadlines seryes
as an indicator for assessing an agency's level of risk of noncompliance with the
regulations, requirements, and the terms and conditions of the Agreement and may
increase required monitoring activities. Any request for a waiver or extension of a due date
in the Timeline will be treated as a request for Amendment of the Agreement. This request
must be submitted to the Department Key Personnet sufficiently in advance of the due
date to provide adequate tirne for Department review and consideration and may be
granted or denied within the Department's sole discretion'
h. All work under this Agreement must end on or before the Grant Agreement End Date, and
the final reimbursement request must be submitted to the Department within forty-tive (45)
days after the Grant Agreement End Date, except as otherwise authorized by either (1)
written amendrnent of this Agreement or (2) written notification from the Departmentto the
Subrecipient to provide additional time for completion of the Subrecipient's Project(s).
i. No costs for purchases of equipmenUsupplies will be reimbursed until the related
equipmenUsupplies have been received by the Subrecipient, its contractor, or any non-
fedeial entity to which the Subrecipient makes a subaward and is invoiced by the vendor'
j. Failure to submit timely, accurate, and complete reports and reimbursement requests as
required by this Agreement (including, but not limited to, those reporls in the Timeline) will
pron6it tn-e Subrecipient from being reimbursed until such reports and reimbursement
iequests are submitted and the Department has had reasonable time to conduct its review'
k. Final reimbursement requests will not be approved for payment until the Subrecipient is
current with all reporting requirements contained in this Agreement.
l. A written amendment will be required if the Subrecipient expects cumulative transfers to
approved, direct budget categories, as identilied in the Budget (Attachment F), to exceed
teri percent (1OVol of the GrantAgreernentAmount. Any changes to budgetcategory totals
not in compiiance with this paragraph will not be reimbursed without approval from the
Department.
m. Subrecipients shall only use federal award funds under this Agreement to supplement
existing funds and witl nbt use lhem to replace (supplant) non-federalfunds that have been
budgeted for the same purpose. The Subrecipient may be required to demonstrate and
document that a reduction in non-federal resources occurred for reasons other than the
receipt or expected receipt of federal funds.
REPORTINGa. \Mth each reimbursement request, the Subrecipient shallreport how the expenditures, for
which reimbursement is sought, relate to the Work Plan (Attachment D) activities in the
format provided by the Department.
b. tryth the ftnal reimbursement request, the Subrecipient shall submit to the Department Key
Personnel a final report describing all completed activities under this Agreement.
c. tn conjunction with the final report, the Subrecipient shall submit a separate rePor! detailing
how lire EMPG Training requirements were met for all personnel funded by federal or
matching funds under this Agreement.
DHS-FEMA-EMPG-FYz1 Page 4 of 36 Cily of Kent EMD,E22'142
d. The Subrecipient shall comply with the Federal Funding Accountability and Transparency
Act (FFATA|and related OMB Guidance consistent with Public Law 109-282 as amended
by section 6202(a) of Public Law 110-252 (see 31 U.S.C. 6101 note) and complete and
return to the Department an Audit Certification/FFATA Form, This form is required to be
completed once per calendar year, per Subrecipienl, and not per agreement. The
Department's Contracts Oflice witl request the Subrecipient submit an updated form at the
beginning of each calendar year in which the Subrecipient has an active agreement.
s. The Subrecipient shall participate in the State's annual Stakeholder Preparedness Review
(SPR), Threat and Hazard ldentiftcation and Risk Assessment (THIRA), core capabilities
assessments, and data calls. Non-parlicipation may result in withholding of funding under
future grant years.
1. EQUIPMENT AND SUPPLY MANAGEMENT
a. The Subrecipient and any non-federal entity to which the Subrecipient makes a subaward
shallcomplywith 2 CFR 200.317 through 20A327, and allWashington State procurement
statutes, when procuring any equipment or supplies under this Agreement, 2 CFR 200.313
for management of equipment, and 2 CFR 200.314 tor management of supplies, to
include, but not limited to:
i. Upon successful completion of the terms of this Agreement, all equipment and
supplies purchased through this Agreement will be owned by the Subrecipient,
or a recognized non-federal entity to which the Subrecipient has made a
subaward, for which a contrac't, Subrecipient grant agreement, or other means
of legal transfer of ownership is in place.
ii. All equipment, and supplies as applicable, purchased under this Agreement will
be recorded and maintained in the subrecipient's inventory system.
ill. lnventory system records shall include:
A. Description of the ProPertY
B. Manufacturer's serial number, or other identification number
C. Funding source for the property, including the Federal Award ldentification
Number (FAIN)
D. Assistance Listings Number (formerly GFDA Number)
E. Wlro holds the title
F. Acquisition date
G. Cost of the property and the percentage of federal participation in the cost
H. Location, use, and condition of the property 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 supplies
as applicable, and reconcile the results with the property records at least once
every'two years. Any differences between quantities determined by the physical
inspiction-and those shown in the records shall be investigated by the
Subrecipient to determine the cause of the difference. The Subrecipient shall, in
connection with the inventory, verify the existence, cunent utilization, and
continued need for the equiPment.
v. The Subrecipient shall be responsible for any and all operational and
maintenance expenses and for the safe operation of their equipment and supplies
fi :'fi?llt,flL:ffi :1",,R*["3][?JlT:'il'#:f'5?1"'!ill,3i'.'?loJlH5l"il:
as applicable, are well maintained and kept in good operating condition.
DHS-FEMA-EMPG-FY21 Page 5 of 36 City of Kent EMD' E22-142
vi. The Subrecipient shalldevelop a controlsystem to ensure adequate safeguards
to prevent loss, damage, and theft of the property. Any loss, damage, ortheft shall
be investigated, and 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 must be established and followed to ensure the highest possible
return. For disposition, if upon termination or al the Grant Agreement End Date,
when original or replacement supplies or equipment acquired under a federal
award are no longer needed for the original project or Program or for other
activities currently or previously supported by a fEderal awarding agency, the
Subrecipient must comply with the following procedures:
A. For Supplies: lf there is a residual inventory of unused supplies exceeding
$5,000 in total aggregate value upon termination or completion of the
project or program and the supplies are not needed for any other federal
award, the Subrecipient must retain the supplies for use on other activities
or sell them, but must, in either case, compensate the federal government
for its share. The amount of compensation must be computed in the same
manner as for equiPment.
B. For Equipment:
1) ltems with a cunent per-unit fair-market value of $5,000 or less may
be relained, sold, transferred, or otherwise disposed of with no further
obligation to the federalawarding agency.
2l ltems with a current per-unit fair-market value in excess of $5,000
may be retained or sold. The Subrecipient shall compansate the
federat awarding agency in accordance with the requirements of 2
CFR 200.313 (e) (2).
ix. Records for equipment shall be retained by the Subrecipient for a period of six
years from the date of the disposition, replacement, or transfer. lf any litigation,
tlaim, or audit is started before the expiration of the six-year period, the records
shall be retained by the Subrecipient until all litigation, claims, or audit findings
involving the records have been resolved.
b. The Subrecipient shall comply with the Department's Purchase Review Process, which is
incorporated by reference and made part of this Agreement. No reimbursement will be
provided unless the appropriate approvalhas been received'
c. Allowable categories for the EMPG Program are listed on the Authorized Equipment List
(AEL) located on the FEMA website at httos://www.fema.oov/grants/quidance:
ioolsiauthorized-equipment-list. lt is important that the Subrecipient and any non-federal
@dpientmakesasubawardregardtheAELasanauthorized
purchasing list identifying items allowed under the specific grant program and includes
items tnathay not be categorized as equipment according to the federal, state, local, and
tribal definitioirs of equipmlnt. The Subrecipient is solely responsible for ensuring and
documenting purchased ltems under this Agreement are authorized as allowed items by
the AEL at time of purchase.
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 otherwise, allequipment must meet allmandatory regulatory
and/or OfiSfEUn adopted standards to be eligible for purchase using federal award
funds.
DHS-FEMA-EMPG-FY21 Page 6 of 36 City of Kent EMD,E22'142
e. lf funding is allocated to emergency communications, the Subrecipient must ensure that
all projeits comply with SAFECOM Guidance on Emergency Communications Grants
ensuring the inveitments are compatible, interoperable, resilient, and support national
goals and objectives for improving emergency communications.
f_ Effeclive Augusl13,2A2O, FEMA recipients and subrecipients, as well as their contractors
and subcontiactors, may not obligate or expend any FEMA award funds to:
i. Procure or obtain any equipment, system, or service that uses covered
telecommunications equipment or services as a substantial or essential
component of any system, or as critical technology of any system;
ia. Enter into, extend, or renew a contract to procure or obtain any equipment,
system, or service that uses covered telecommunications equipment or seruices
ai a substantialor essential component of any system, or as critical technology
of any system; or
lii. Enter into, extend, or renew contracts with entities that use covered
telecommunications equipment or services as a substantial or essential
component of any system, or as critical technology as part of any system.
Thls prohibition regarding certain telecommunications and video surveillance services or
equipment is mandated by section 889 of the John 8. McCain Natianal Defense
Aitiarization Act for Fiscal Year 2019 (FY 2019 NDAA), Pub. L. No. 115-232 (201E).
Recipients and subrecipients may use DHS/FEMA grant funding to procure replacement
equipment and services impacted by this prohibition, provided the costs are otherwise
consistent with the requirements of the Manual and applicable NOFO.
Per section 889(0(2)-(3) of the FY 2019 NDAA, and 2 CFR 20A.216, covered
telecommunications equipment or services means:
i. Telecommunications equipment produced by HuaweiTechnologies Company or
ZTE Corporation, (or any subsidiary or affiliate of such entities);
ii. For the purpose of public safety, security of government facilities, physical
security 'surveillance of critical infrastructure, and other national security
purposes, video surveillance and telecommunications equipment produced by
i{ytbra Communications Corporation, Hangzhou Hikvision Digital Technology
Company, or Dahua Technology Company (or any subsidiary or afiiliate of such
entities);
iii. Telecommunications or video surveillance services provided by such entities or
using such equipment; or
iv. Telecommunications or video surveillance equipment or services produced or
provided by an entity that the Secretary of Defense, in consultation with the
Director of National Intelligence or the Director of the Federal Bureau of
lnvestiga1on, reasonably believes to be an entity owned or controlled by, or
otherwise connected to, the government of a covered foreign country.
g. The Subrecipient rnust pass through equipment and supply management requirements
that meet or exceed the requirernents outlined above to any non-federal entity to which
the Subrecipient makes a subaward under this Agreement.
5. ENVIRONMENTAL AND HISTORICAL PRESERVATION
a, The Subrecipient shall ensure full compliance with the DHS/FEMA Environmental
planning and Historic Preservation (EHP) program. EHP program information can be
found ai https:/wrrvw.fema.qov/orants/ouidance-tools/environmental'historic all of which
are incorporated in and made a part of this Agreement.
b. Projects that have historical impacts or the potential to impact the environment, including,
but not limited to, construction of communication towers; modification or renovation of
existing buildings, structures and facilities; or new construction including replacement of
DHS-FEMA-EMPG-FY21 Page 7 of 36 City of Kent EMO'E22"142
6.
7
facilities, must participate in the DHS/FEMA EHP review process prior to initiation,
Modification of existing buildings, including minimally invasive improvements such as
alaching monitors to interior walls, and training or exercises occurring outside in areas
not consldered previously disturbed, also require a DHSIFEMA EHP review before project
initiation.
c. The EHP review process involves the submission of a detailed project description that
includes the entire scope of work, including any alternatives that may be under
consideration, along with supporting documentation so FEMA may determine whether the
proposed project has the potential to impact environmental resources and/or historic
properties.
d. The Subrecipient agrees that to receive any federal preparedness funding, all EHP
compliance requirements outlined in appticable guidance must be met. The EHP review
process must be completed and FEMA approval received by the Subrecipient before
bny work is started for which reimbursement will be later requested. Expenditures for
priieAs started before completion of the EHP review process and receipt of approval by
the Subrecipient will not be reimbursed.
PROCUREMENTa. The Subrecipient shall comply with all procurement requirements of 2 CFR Part 200.317
through 2OO'.927 and as specified in the GeneralTerms and Conditions (Attachment B,
A.10).
b. For allsole source contracts expecled to exceed $250,000, the Subrecipient must submit
to the Department for pre-procurement review and approvalthe procurement documents,
such as requests for proposals, invitations for bids and independent cost estimates. This
requirement must be passed on to any non-federal entity to which the Subrecipient makes
a subaward, at which point the Subrecipient will be responsible for reviewing and
approving sole source justifications of any non-federal entity to which the Subrecipient
makes a subaward.
SUBRECIPIENT MONITORINGa. The Department will monitor the activities of the Subrecipient from award to closeout. The
goal of the Oepartment's monitoring activities will be to ensure that agencies receiving
flderal pass-through funds are in compliance with this Agreement, federal and state audit
requirements, fedlrd grant guidance, and applicable federal and state financial
regulations, as well as 2 CFR Part 200 Subpart F.
b. To document compliance with 2 CFR Part 200 Subpart F requirements, the $ubrecipient
shall complete and return to the Department an Audit CertilicationlFFATA form. This form
is reguired to be completed once per calendar year, Per Subrecipient, and not per
agreement. The Department's Contracts OfiicE will request the Sub_recipient submit an
updated form at the beginning of each calendar year in which the Subrecipient has an
active agreement,
c. Monitoring activities may include, but are not limited to:
i. Review of financial and perfonnance reports
ii. Monitoring and documenting the completion of Agreernent 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. Observation and documentation of Agreement related activities, such as
exercises, training, events, and equipment demonstrations
DHS.FEMA.EMPG-FYz1 Page I of 36 Cily of Kent EMD,E22-142
8.
L
vi. On-site visits to review equipment records and inventories, to verify source
documentation for reimbursement requests and performance reports, and to verify
completion of deliverables.
d. The Subrecipient is required to meet or exceed the rnonitoring activities, as outlined
above, for any non-federal entity to which the Subrecipient makes a subaward as a pass'
through entity under this Agreement.
e. Compliance will be monitored throughout the performance period to assess risk. Concerns
will be addressed through a Corrective Action Plan.
LIMITED ENGLISH PROFICIENCY (ClVlL RIGHTS ACT OF 1964T|TLE Vl)
a. The Subrecipient must comply with the Title Vl of the Civil Rights n"! gf-1964 (Title Vl)
prohibition against discrimination on the basis of national origin, which requires that
bubrecipienti of federal financial assistance take reasonable steps to provide meaningful
access io persons with limited English proficiency (LEP) to their programs and services.
Providing meaningful access for persons with LEP may entail providing language
assistance servicei, including oral interpretation and written translation. Executive Order
13166, lmproving Access to Services for Persons with Limited English Proftciency (August
11, Z0O0), requires federal agencies to issue guidance to recipients, assisting such
organizations and entities in understanding their language aqcess. obligationl DHS
publistreO the required recipient guidance in April 2011, DHS Guidance to Federal
Financial Assistance Recipients Regarding Title Vl Prohibition Against National Origin
Discrimination Affecting Limited English Proficient Persons, 76 Fed. Reg. 21755'21768,
(April 18, 2}fi1. The Guidance provides helpful information such as how a recipient can
ieiermine the extent of its obligation to provide language services, selecting language
services, and elements of an effective plan on language assistance for LEP persons' For
additionalassistance and inforrnation regarding language access obligations, please refer
to the DHS Recipient Guidance at https:/Arwyw.dhs.qov/quidance-published-helPl
department-suoported-orqanizations-orovide-meaninoful-access-peoole'limited and
additional resources on h!!pgl@p-gg.
NIMS COMPLIANCEa. The National lncident Management System (NIMS) identifies concepts and principles that
answer how to manage emergencies from preparedness to recovery regardless of their
cause, size, location, orcomplexity. NIMS provides a consistent, nationwide approach and
vocabulary for multiple agencies or jurisdictions to work together to build, sustain, and
deliver the core capabillties needed to achieve a secure and resilient nation.
b. Gonsistent implementation of NIMS provides a solid foundation across jurisdictions and
disciplines to ensure Effective and integrated preparedness, planning, and response.
NIMS empowers lhe components of the NationalPreparedness System, a requiremenl of
Presidential Policy Directive 8, to guide activilies within the public and private sector and
describes the plinning, organizational activities, equipping, training, and exercising
needed to build and suitain ihe core capabilities in support of the National Preparedness
Goal.
c, ln order to receive FY 2021 federal preparedness funding, to include EMPG, the
Subrecipient will ensure all NIMS objectives have been initiated and/or are in progress
toward completion. NIMS lmplementation Objectives are located at
https:/rnnnrur.fema.oov/sites/defaulUfiles/2020-07lfema nims implementation-obiec'tives-
20180530.pdt
DH$FEMA.EMPG.FY21 Page 9 of 36 Cily of Kent EMD,E22-142
B.
c.
EMPG PROGRAM SPECIFIC REQUIREMENTS
The Department receives EMPG funding from DHS/FEMA, to assist slate, local, and tribalgovernments
to enhance and sustain all-hazards emergency management capabilities as authorized by Robert T'
Stafford Disaster Relief and Emergency Assistance Act, as amended (42 U.S.C. SS 5121 et seq') and
Section 662 of the Post Katrina Emergency Management Act (6 U.S'C. S 762).
A portion of the 21EMPG is passed through to localjurisdictions and tribes with emergency management
programs to supplement their local/tribal operating budgets to help sustain and enhance emergency
management capabilities pursuant to Washington Administrative Code (WAC) 118-09.
a. The Subrecipient shall use the EMPG funds authorized under this Agreement only to peform
tasks as described in the Work Plan of the Subrecipient's application for funding, as approved by
the Department and incorporated into this Agreement.
b. Funding may not be used to replace or supplant existing local or tribal government funding of
emergency management Programs.
c. The Subrecipient shall provide a fifty percent cash match of non-federalorigin. The Federal share
applied toward the EMPG budget shall not exceed frfty percent of the total budget as submitted
ani approved in the application and documented in the Budget (Attachment F). To meet matching
requirements, the Subrecipient's cash matching contributions must be veriftable, reasonable,
atlowable, allocable, and necessary under the grant program and must comply with all Federal
requirements and regulations, including, but not limited to, 2 CFR Part 200. An appropriate
mechanism must be in place to capture, track, and document matching funds. ln the final report,
the Subrecipient shall identifu how the match was met and documented.
d. Subrecipients shall participate in the State's annual lntegrated Preparedness Planning Workshop
(IPPW). Non-participation may result in withholding of funding under future grant years.
e. lf funding is allocated to non-DHS FEMA training, the Subrecipient must request prior approval
from thebepartment Key Personnel before attending the training. The Departmentwill coordinate
approval with the State Training Point of Contact. lf funding is allocated to non-DHS FEMA
training, the Subrecipient must request prior approvalfrom the Department Key Personnel.prior
to atteirding training. The Department will coordinate approval with the State Training Point of
Contact. Pursuant 1o DHS/FEMA Grant Programs Direc-torate lnformation Bulletin No. 432,
Review and Approval Requirements forTraining Courses Funded Through Preparedness Grants,
httos : /Avww.fem a. q ovlsites/defau lU.filgs/2O 20-
o4/fraining Course_Reviqw and Aoproval lB Final 7 19 18.pdf, the training must fall wlhin
tfre FEMA mission scope and be included in the Subrecipient's Emergency Operations Plan. This
requirement only applies to training courses and does not include attendance at conferences.
Furthermore, additional federal approvals are required for courses that relate to Countering
Violent Extremism prior to attendance,
f. All personnel funded in any part through federal 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 located at
httos://rfllrnr.feha.gov/odf/emergency/niFs/nims traininq prooram.odf (to include ICS-
100, ICS-200, lS-700, and tS'800 for most personnel) and
ii. Eilher (1) the FEMA Professional Development Series lS-120, lS-230, lS-235, lS-240, lS-
241,lS-242, and lS-244 , or (21the National Emergency Management Basic Academy.
The Subrecipient will report training course completion by individual personnel along with the final
report.
DHS TERIi,IS AND CONDITION$
As a Subrecipient of 21EMPG funding, the Subrecipient shall comply with all applicable DHS terms and
conditions of the 21EMPG Award Letter and its incorporated documents for DHS Grant No. EMS-2021-
EP-00007-S0'1, which are incorporated and made a part of this Agreement as Attachment C.
DHS-FEMA-EMPG-FY21 Page 10 of 36 Cily of Kent EMD,E22-142
4,1
4.2
4.3
A.4
Attachment B
Washington State Military Department
GENERAL TERINS AND CONDITIONS
Depailment of Homeland $ecuraty (DHS[
Federal Emergency Management Agency (FEMA)
Grants
DEFINITIONS
As used throughout this Agreement, the terms will have the same meaning as defined in 2 CFR 200
Subpart A (which is incorporated herein by reference), except as otherwise set forth below:
a.
b.
'Agreement" means this Grant Agreement.
"Departmenf'means the Washington State Military Department, as a state agency, any division,
seciion, office, unit or other entity of the Department, or any of the officers or other officials lawfully
representing that Department. The Departrnent is a recipient of a federal award directly from a
federat awJrding agency and is the pass-through entity making a subaward to a Subrecipient
under this Agreement.
"lnvestmenf rneans the grant application submitted by the $ubrecipient describing the proiect(s)
forwhich federal funding il sought and provided underthis this Agreement. Such grant application
is hereby incorporated into this Agreement by reference.
'Monltorlng Activities" means all administrative, financial, or other review activities that are
conducted io ensure compliance with all state and federal laws, rules, regulations, authorities,
and policies.
,,stakeholders Preparedness Report (SPRI" The SPR is an annual three-step self-assessment
of a community's capability levels based on the capability targets identified in the THIRA.
'subrecipienf when capitalized is primarily used throughout this Agreement in reference to the
non-fedeial enlity identified on the Face Sheet of this Agreement that has received a subaward
from the Department. However, the definition of 'subrecipienl' is the same as in 2 CFR 200.1 for
all other purposes.
"Threat and Hazard ldentification and Risk Assessment (THlRAf The THIRA is a three-step
risk assessment. The THIRA helps communities understand their risks and determine the level of
capability they need in order to address those risks. The outputs from this process lay the
foundation foidetermining a community's capability gaps during the SPR process.
ADVANCE PAYMENTS PROHIBITED
tsinadvanceorinanticipationofgoodsorservicestobeprovided
under this Agreement. Subrectiient snal not invoice the Department in advance of delivery and invoicing
of such goods or services.
AMENDMENTS AND MODI FICATION $
ayrequest,inwriting,anamendmentormodificationoflhis
Agreement. However, suctr amendmeni or modification shall not be binding, take effect or be
inZorporated herein until made in writing and signed by the authorized representatives of the Department
and the Subrecipient. No other understandingi or agreements, written or oral, shall be binding on the
parties.
The Agreement performance period shall only be extended by (1) wriften notification of DHS/FEMA
approu?lof the Award performince period, followed upwith a mutually agreed written amendment, or (2)
written notification trom tne Department to the Subrecipient to provide additional time for completion of
the Subrecipient's project(s).
AMERICANS WTH DlSABlLlTlES ACT (ADA) OF 1990. PUBLIC LAW lqlj'339, 4? U'.q.qt lAgl-ET
toNS ALSO LEFERRED TO AS THE'ADA'28 CFR Part
&?6i Subrecipient must comply with the ADA, which provides comprehensive civil rights protection to
individuals witn OisaUilities'iri the areas of employment, public accommodations, state and local
government services, and telecommunication.
c.
d.
A
f.
o.
DHS.FEMA-EMPG.FY21 Page 11 of36 City of Keni EMD,E22-142
A.5 AqSURANCES
The Departrlent and Subrecipient agree that all activity pursuant to this Agreement will be in accordance
with allthe applicable current federal, state and local laws, rules and regulations.
A.6 CERTIFICATION.BEGABDINg,pSBARMENT. SUSPENSION.-OR lNEtl9lFlL]TY
ffio-asisroiihisAgreement,theSubrecipientcertifiesthattheSubrecipientisnot
presently debaned, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participating in this Agreement by any federal department or agency.
The Subrecipient shall comptete, sign, and relurn a Certification Regarding Debarmenf, Suspension,
lnetigibilig, and Voluntary Exclusianform located at httos:/lmil.wa.qov/requiredqrantforms. Any such form
comitetei Uy the SubreCipient for this Agreernent shall be incorporated into this Agreement by reference.
Further, the Subrecipient agrees to comply with all applicable faderal regulations concerning the federal
debarment and suspensionlystem, including 2 CFR Part 180. The Subrecipient certifies that it willensure
that potential contractors or subrecipients or any of their principals are not debaned, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in "covered
iransactions' by any federal department or agency. .Covered lransactions" include procurement
contracts for goods ol services awarded under a non-procurement transaction (e.9. grant or cooperative
agreement) that are expected to equal or exceed $25,000, and subawards to Subrecipients for any
amount. \Mth respect to covered transactions, the Subrecipient may comply with this provision by
obtaining a certification statement from the potential contractor or subrecipient or by checking the System
forAwardManagement@maintainedbythefederalgovernment.TheSubrecipient
also agrees not to enter into any arringements or contracts with any party on the Washington State
Depart?rent of Labor and lndustries' "Debarred Contractor L,bf'
thttps:l/secure.lni.wa.oov/debarandstrike/ContractorDebarlist.asox). The Subrecipient also agrees not
io enter into any agreements or contracts for the purchase of goods and services with any party on the
Department of Entirprise Services' Debaned Vendor Lrsl (https:/Ailww.des.wa.qov/services/contracting-
purchasino/doino-business-state/vendor:debarment)'
A] CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING
brecipientherebycertiftesthattothebestofitsknowledgeand
belief: (1) no federally appropriated funds have been paid or will be paid by ot on behalf of the
$ubrecipient to any person for influencing or attempting to influence an officer or employee of gn agency,
a Member of Congriss, an officer or employee of Congress, or an employee of a Member of Congress
in connection with-the aurarding of any federal contract, the making of any federal grant, the making of
any federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement; (2)
that if any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or Lrnployee'of bongress, or an employee of a Member of Congress in connection with this
Agreement, grant, loan, or cooperative agreement, the Subrecipient will complete and submit Standard
F6rm-LLL,
'"bisclosure
Form to Repoft Lobbying,'in accordance with its instructions; (3) and that, as
applicable, the Subrecipient will require that the language of this certification be included in the award
dbtuments for all subawardg at all tiers (including subcontracts, subgrants, and contracts under grants,
loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly. This
certification is a rnaterial iepresentation of fact upon which reliance was placed when this transaction was
made or entered into and is a prerequisite for making or entering into this transaction imposed by seclion
1352, title 31, U.S. Code.
A.8 COMPLTANCE W|TH AppLtCABLE STATUTES. RULES ANp DEPAFTII4ENT POLICIES
ctorsandsubrecipientssha]lcomplywith,andtheDepartmentisnot
responsible for determining compliance with, any and all applicable federal, state, and local laws,
regulations, executive ordeis, OM'B Circulars, and/or policies, This obligation includes, but is not limited
toinondisc6mination laws and/or policies, Energy Policy and Conservation Act (PL 9+163, as amended),
the Americans w1h Disabilities nit (ROR), Age Discrimination Act of 1975, Title Vl of the Civil Rights Act
of 1g64, Civil Rights Act of 1968, the Robert T. Stafford Disaster Relief and Emergency Assistance Act,
(pL 93-288, as amended), Ethics in Public Service (RCW 42.52), Covenant Against Contingent Fees (48
dfR Section 52.20&5), Public Records Act (RCW 42.56r, Prevailing Wages on Public Works (RCW
gg.1Zl, State Environmlntal Policy Act (RCW43.21C), Shoreline ManagementAct of 1971 (RCW90'58)'
DHS-FEMA-EMPG-FY21 Page 12 of 36 Cily of Kent EMD,E22-142
State Building Code (RCW 19.271, Energy Related Building Standards (RCW 19.27Ar, Provisions in
Buildings forAged and Handicapped Persons (RCW 70.921, and safety and health regulations.
ln the event of noncompliance or refusalto comply with any applicable law, regulation, executive order,
OMB Circular or policy by the Subrecipient, its contractors or subrecipients, the Department may rescind,
cancel, or terminate the Agreement in whole or in part in its sole discretion. The Subrecipient is
responsible for all costs or liability arising from its failure, and that of its contractors and subrecipients, to
comply with applicable laws, regulalions, executive orders, OMB Circulars or policies.
A.9 CONFLICT OF..INTEREST
@theDepartmenl;nomember,officer,oremployeeoftheSubrecipientorits
designees or agenis; no member of the governing body of the jurisdiction in which the project is
undertaken or iocated; and no other official of the Subrecipient who exercises any functions or
responsibilities with respect to the project during his or her tenure, shall have any personal or pecuniary
gain or interest, direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to be
performed in connection with the project assisted under this Agreement.
The Subrecipient shall incorporate, or cause to incorporate, in all such contracts or subawards, a
provision prohibiting such interest pursuant to this provision,
A.1O CONTRACTING & PROCUREMENT
icompetitiveprocurementprocessintheprocurementandawardof
any contracts with contractors or subcontractors that are entered into under the original
agreement award. The procurement process followed shall be in accordance with 2 GFR Part
200.317 General procurement standards through 200.327 Contract provisions.
As required by Appendix ll to 2 CFR Part 200, all contracts entered into by the Subrecipient under
this Agreement rnust include the following provisions, as applicable:
1) Contracts for more lhan the simplified acquisition threshold currently set at $250,000, which
is the inflalion adjusted amount determined by the Civilian Agency Acquisition Council and
the Defense Acquisition Regulations Gouncil (Councils) as authorized by 41 U.S.C. 190E,
must address administrative, contracilual, or legal remedies in instances where contractors
violate or breach contract terms, and provide for such sanctions and penalties as appropriate.
2') All contracts in excess of $10,000 must address termination for cause and for convenience'
by the non-federal entity including the manner by which it will be effected and the basis for
settlement.
3) Equal Emptoyment Opportunity. Except as otherwise provided under 41 CFR Part 60, all
contracts [hai meet the definilion of 'federally assisted construction contract" in 41 CFR Part
60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in
accordance with Executive Order 11246, "Equal Employment Oppoftunitf (30 FR 12319,
liff i;i,F'E-!iX;J'Yi::if;;;'a"',ii?i]",Affi 0;:;:,:,:',i*;o:;i;i;!n
implemeniing regulations at 41 CFR part 60, "Office of Federal Contract Compliance
Programs, Egual Employment Appodunity, Dapaftment of Labor.'
4t Davis-Bacon Act, as amended (40 U,S.C. 3141-3148). When required by Federal program
legislation, all prime construction contracts in excess of $2,000 awarded by non-federal
enlities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-
3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part
S, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and
Assisted Construction'). ln accordance with the statute, contractors must be required to pay
wages to laborers and mechanics at a rate not less than the prevailing wages specified in a
wage determination made by the Secretary of Labor. ln addition, contractors must be
required to pay wages not less than once a week" The non-federal entity must place a copy
of ifre cunent- prevailing wage determination iseued by the Department of Labor in each
solicitation. Th6 decision to iward a contract or subcontract must be conditioned upon the
acceptance of the wage determination. The non-federal entity must report all suspected or
reported violations to the federal awarding agency. The contracts must also include a
provision for compliance with the Gopeland ?nti-Kickback" Act (40 US.C. 3145), as
supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and
DH$FEMA-EMPG.FY21 Page 13 of 36 city of Kent EMD,E22'142
Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or
Grants from the United States"). The Act provides that each contractor or Subrecipient must
be prohibited from inducing, by any means, any person employed in.the construction,
completion, or repair of pubiic work, to give up any part of the compensation to which he or
she is otherwise entitled. The non-federal enlity must report all suspected or reported
violations to the federal awarding agency.
S) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable,
all contracts awarded by the non-federal entity in excess of $100,000 that involve the
employment of mechanics or laborers must include a provision for compliance with 40 U.S.C'
gZdZ dnO 3704, as supplemented by Department of Labor regulations (29 CFR Part 5), Under
40 U.S.C. 3TA2 oi the Act, each contractor must be required to compute the wages of every
mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of
the standard work week is permissible provided that the worker is compensated at a rate of
not less than one and a haif times the basic rale of pay for all hours worked in excess of 40
hours in the work week. The requirements of 40 U.S.C. 37A4 are applicable to construction
wo* and provide that no laborer or mechanic must be required to work in surroundings or
under working conditions which are unsanitary, hazardous. or dangerous' These
requirements io not apply to the purchases of supplies or materials or articles ordinarily
available on the open mirket, or contracts for transportation or transmission of intelligence.
6) Rights to lnventions Made Under a Contract or Agreement. lf the federal award meets the
de-finition of 'funding agreement' under 37 CFR 5401.2 (a) and the recipient or Subrecipient
wishes to enter intoa Jontract with a small business firm or nonprofit organization regarding
the substitution of parties, assignment or performance of experimental, developmental, or
research work under that "funding agreernent," the recipient or Subrecipient must comply
with the requirements of 37 CFR Part 401, "Rights to lnventions Made by Nonprofit
Organizatiois and Smatl Eusiness Firms tJnder Govemment Grants, Contracts and
Cioperative Agreements," and any implementing regulations issued bythe awarding agency.
7,) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33
U.S.C. 1251-1i87), as amended-Contracts and subgrants of amounts in excess of
9150,000 must contain a provision that requires the non-federal award to agree to comply
w1h all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42
U.S.C. llb'l-lOtlq1 and the Federal Waier Pollution Control Act as amended (33 U-S.C.
1251-1gAT). Violations must be reported to the federal awarding agency and the Regional
Office of the Environmental Protection Agency (EPA)'
S) Debarment and Suspension (Executive Orders 12549 and 12689)-4 contract award (see 2
CFR 1gO.22Ol must not be made to parties listed on the government-wide exclusions in the
System forAward Management (SAM), in accordance with the OMB guidelines at 2 CFR 180
that implement Executiv6 Orders 12549 (3 CFR part 1986 Comp., p._189) and 12689 (3 CFR
pJrt f ggg Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the
names of parties debarred, suspended, or otherwise excluded by agencies, as wcll.as parties
declared ineligible under statutory or regulatory authority other than Executive Order 12549.
g) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)-Contractors that apply or bid for an award
eiceeding $tOb,ObO must file the required certification. Each tier certifies to the tier above
lhat it wilinot and has not used federal appropriated funds to pay any p€rson or organization
for influencing or attempting to influence'an officer or employee of any agency, a member of
Congress, oftcer or erirptoyee of Congress, or an employee of a member of Congress,in
conn'ection with obtainirig iny federal contract, grant or any other award covered by 31
U,S.C. 13S2. Each tier must
-also
disclose any lobbying with non-federal funds that takes
place in connection with obtaining any federd award. Such disclosures are forwarded from
tier to tier up to the non-federal award.
10) procurement of recovered malerials - As required by 2 CFR 200.323, a non-federal entity
that is a state agency or agency of a political subdivision of a state and its contractors must
comply with seition
-6002
of tl"re Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act. The requirements of Section 5002 include procuring only
items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part
DHS-FEMA-EMPG-FY21 Page 14 of 36 City of Kent EMD'E22-142
A.11
4.12
247 lhatcontain the highest percentage of recovered malerials practicable, consistent with
maintaining a satisfactory level of competition, where the purchase price of the item exceeds
g10,000 oi tne value of the quantity acquired during the preceding fiscal year exceeded
910,000; procuring solid waste management services in a manner that maximizes energy
and resource recovery; and establishing an affirmalive procurement program for
procurement of recovered materials identified in the EPA guidelines.
11) Notice of federal awarding agency requirements and regulations pertaining to reporting.
12) Federat awarding agency requirements and regulations pertaining to copyrights and rights in
data.
13) Access by the Department, the Subrecipient, the federal awarding agency, the Comptroller
General 6f tne UniteC States, or any of their duly authorized representatives to any books,
documents, papers, and records of the contractor which are directly pertinent to that specific
contract for the purpose of making audit, examination, €xcerpts, and transcriptions.
14) Retention of all required records for six (6) years afier the Subrecipient has made final
payments and all other pending matters are closed.
15) Mandatory standards and policies relating to energy efliciency which are contained in the
state energy conservation plan issued in compliance with the Energy Policy and
Conservation Act (Pub. L. 94-163, 89 Stat' 871)'
16) Pursuant to Executive Order 13858 "strengthening Buy-American Preferences for
lnfrastructure Projects," and as appropriate and to the extent consistent with law, the non-
Federal entity should, to the greatest extent practicable under a Federal award, provide a
preference for the purchase, Jcquisition, or use of goods, products, or materials produced in
ihe United States, as required in 2 CFR Part 200.322, in every contract, subcontract,
purchase order, or sub-award that is chargeabte against federalfinancial assistance awards'
1T) per 2 C.F.R. S 200.216, prohibitions regarding certain telecommunications and video
surveillance sefuices or eqiripment is mandated by section 889 of the John S. McCain
National Defense Authorization Act for Fiscat Year 2019 (FY 2A19 NDll!.l', Pub. L. No. 115-
232 (2018).
b. The Department reserves the right to review the Subrecipient's procurement plans and
documents and require the $ubrecipient to make changes to bring its plans and documents into
compliance with thd requirements of 2 CFR Part 2Cf.317 through 200.327. The Subrecipient must
ensure that its procurement process requires contractors and subcontractors to provide adequate
documentation with suflicient detail to support the costs of the project and to allow both the
Subrecipient and Department to make a determination on eligibility of project costs.
c. All contracting agreements entered into pursuant to this Agreement shall incorporate this
Agreement bY reference.
DISCLOSURE
The use or disclosure by any party of any information concerning the Department for any purpgse 19t
direcly connected with t-he aOminiitration of the Departmel!'s or the Subrecipient's responsibilitiesrivith
r"spert to services provided under this Agreement js prohibited except by prior written consent of the
Deiartment or as required to comply with the state Public Records Act, other law or court order.
DISPUTES
E,c"pt as otherwise provided in this Agreement, when a bona fide dispute arises between the parties
anO it cannot be resolved through diicussion and negoliation, either party may request a dispute
resolution panel lo resolve the dispute. A request for a dispute resolution board shall be in writing, state
the disputed issues, state the relaiive positions of the pafiies, and be sent to all parties. The panelshall
consist of a representative appointed by the Department, a representative appointed by the Subrecipient
and a third party mutually agreed upon by both parties. The panel shall, by majority vote, resolve the
dispute. eaifr party shall'beir the cost toi its panel member and its attorney fees and costs and share
equally the cost of the third panel member'
DHS.FEMA-EMPG.FYz1 Page 15 of36 Cily of Kent EMD,E22-'142
A,13 LEGAL RELATIONS
ffigreedthatthisAgreementissolelyforthebenefitofthepartiestotheAgreement
and gives no right to any other party. No joint venture or partnership is formed as a result of this
Agreement.
To the extent allowed by law, the Subrecipient, its successors or assigns, will protect, save and hold
harmless the Department, the state of Washington, and the United States Government and their
authorized agents and employees, from all claims, aclions, costs, damages or expenses of.any nature
whatsoever 6y reason of ihe acts or omissions of the Subrecipient, its subcontractors, subrecipients,
assigns, agents, contraclors, consultants, licensees, invitees, employees or any person whomsoever
arising out of or in connection with any acts or activities authorized by this Agreement.
To the extent allowed by law, the Subrecipient furlher agrees to defend the Department and the state of
Washington and their authorized agents and employees in any litigation; including payment of any costs
or attorneys'fees for any claims or action commenced thereon arising out of or in connection with acts
or activities authorized by this Agreement.
This obligation shall not include such claims, costs, damages or expenses which may be caused by the
sole negiigence of the Department; provided, that if the claims or damages are caused by or result from
the concunent negligence of (1) the Department, and (2) the Subrecipient, its agents, or employees, this
indemnity provision snal Oe valid and anforceable only to the extent of the negligence of the Subrecipient,
or the Subrecipienfs agents or employees-
lnsofar as the funding source, FEMA is an agency of the Federat government, the following shall apply:
44 CFR 206.9 Nonliability. The Federal government shall not be liable for any claim based upon the
@orthefailuretoexerciseorperformadiscretionaryfunctionor.d.utyonlhe
part of a fed'eral agency or an employee of the Federal government in carrying out the provisions of the
Stafford Act.
A14 LTMTTAIION OF AUTHORITY - AUTHORIZED SIGNATURE
irepresentthattheyhavetheauthoritytobindtheirrespective
organiJations to this Agreement. Only the Department's Authorized Signature representative and the
Authorized Signature representative of the Subrecipient or Alternate for the Subrecipient, formally
designated in -writing, shill have the express, implied, or apparent authority to alter, amend, modifo, or
waiv6 any clause oicondition of this Agreement. Any alteration, amendment, modification, or waiver of
any dauje or condition of this Agreemint is not effective or binding unless made in writing and signed
by both parties'Authorized $igniture representatives, except as provided for time extensions in Article
A.3.
Further, only the Authorized Signature representative or Alternate for the Subrecipient shall have
signature autnority to sign reimbursemenl requests, time extension requests, amendment and
modification requeits, requests for changes to projects or work plans, and other requests, certifications
and documents authorized by or required under this Agreement.
A.15 LOSS OR REDUCTION OF FUNDING
@te,federal,orothersourcesiswithdrawn,reduced,orlimitedinanyway
after the effective date of this Agreement and prior to normal completion or end date, the Department
may unilaterally reduce the work plan and budget or unilaterally terminate all or part of the Agreement as
a 'fermanation for Cause" without providing the Subrecipient an opportunity to cure. Alternatively, the
parties may renegotiate the terms 6t mis Agreement under "Amendmenls and Modifications'to comply
wlth new funding iimitatlons and conditions, although the Department has no obligation to do so.
A.16 NONASSIGNABILn"T
@t,noranyclaimarisingunderthisAgreement,shallbetransferredorassignedby
the Subrecipient.
A,17 NONDISCRIMINATION
@complywithallapplicablefederalandstatenon.discriminationlaws,regulations,
and policies. No person shall, on the grounds of age, race, creed, color, sex, sexual orientation, religion,
national origin, marital status, honoribly discharged veteran or military status, or disability (physical,
mental, or iensory) be denied the benefits ol or otherwise be subjected to discrimination under any
project, program, or activity, funded, in whole or in part, under this Agreement.
DHS.FEMA-EMPG-FY21 Page 16 of 36 Gity of Kent EMD'E22-142
A.18 NOTLCES
TflEEilUrecipient shall comply with all public notices or notices to individuals required by applicable local,
state and federal laws and regulations and shall maintain a record of this compliance'
A.1s OCCupnIONAU SAFETY/HEALTH ACT and WASHINGI9N INDUSTRI&L SAFETY/HEALTH AcT
(osHAA llsHA)
T#@;trepresentsandwarrantsthatitsworkplacedoesnowor.willmeetallapplicablefederal
and state saiety and'health regulations that are in effect during the Subrecipient's performance.under this
Agreement. Tothe extent allowed by law, the Subrecipient further agrees to indemniff and hold harmless
thi Department and its employeei and agents from all liability, damages and costs of any nature,
including, but not limited to,'coits of suits and attomeys' fees assessed against the Department, as a
result of the failure of the Subrecipient to so comply.
A.2O OTANERSHIP OF PROJECT/CAPITAL FACILITIES
cilitiesorrealpropertyimprovedorconstructedwith
funds under this Agreement, and by this subaward of funds does not and will not acquire any ownership
interest or tige to luch property oi the Subrecipient. The Subrecipient shall assume all liabilities and
responsibilities arising trilm ine bwnership and operation of the project and agrees to ind9mnify and hold
the Department, the ltate of Washington, and the United States government harmless from any and all
causes of action arising from the ownership and operation of the project.
A.21 POLITICALACTIVITY
@providedhereinshallbeusedforanypartisanpoliticalactivity'ortofurtherthe
election or defeat of any candidate for public office or influence the approval or defeat of any ballot issue.
A.22 PROHIBITION AGAINST PAYMENT OF BONUS gR CpMMISAION
t be used in payment of any bonus or commission
for the purposs of obtaining approvJl of the application for such assislance or any other approval or
concurrence under this Agreement provided, however, that reasonable fees or bona fide technical
consultant, managerial, or 6ther such services, other than actual solicitation, are not hereby prohibited if
otherwise eligible as project costs.
A.23 PUBLICIT,Y
The Subrecipient agrees to submit to the Department prior to issuance all advertising and publicity
matters relating to thjs Agreement wherein the bepartment's name is mentioned, or language used from
which the con-nection oithe Department's name may, in the Department's judgment, be infened or
implied. The Subrecipient agreesnot to publish or use such advertising and publicity f?tt9rs without the
prior written consent'of the bepartment. The Subrecipient mly c_opyrigtr,t original work it develops in the
course of or under this Agreement; however, pursuant to 2 CFR Part 200.315, FEMA reseryes a royalty-
free, nonexclusive, and
"irrevocabie license io reproduce, publish or otherwise use, and to authorize
others to use the work for government purposes.
publication resu1ing from work performed under this Agreement shall include an acknowledgement of
FEMA's financial su-pport, by theAssistance Listings Number(formerly CFDA Number), and a statement
that the publication does noi constitute an endorsement by FEMA or reflect FEMA's views'
A.24 RECAPTUtsE PR9VISION
lntheeventffiipientfailstoexpendfundsunderthisAgreementinaccordancewilhapplicable
federal, state, and locai laws, regulations, and/or the provisions of the Agreement,-.the Department
reserves the right to recapture'funfs in an amount equivalent to the extent of noncompliance. Such right
of recapture sfiall exist for the life of the project foliowing Agreement rermination. Repayment by the
Subrecipient of funds under this recapture provision shall occur within 30 days of demand. ln the event
the DepartmJnt is required to instiiute legal proceedings to enforce the recapture provision, the
Department shalt be entitled to its costs lnd expenses thereof, including attorney fees from the
Subrecipient.
A.25 RECORDSa. The Subrecipient agrees to maintain all books, records, documents, receipts, invoices and all
other electronic or wlitten records necessary to sufficiently and properly reflect the Subrecipient's
contracts, subawards, grant administration, and payments, including all direct and indirect
charges, and expenditurLs in the performance of this Agreement (the "records").
DHS-FEMA-EMPG-FY21 Page 17 of 36 City of Kent EMD'E22-142
A.26
4.27
A.28
b. The Subrecipienfs records related to this Agreement and the projects funded may b9 inspected
and audited by the Department or its design-e, by the Office of the State Auditor, DHS, FEMA or
their designees, by the Comptroller General of the United States or its designees, or by other
state or fideral'ofiicials authorized by law, for the purposes of determining compliance-bylhe
Subrecipient with the terms of this Agreament and to determine the appropriate level of funding
to be paid under the Agreement.
c. The records shall be made available by the Subrecipient for such inspection and audit, together
with suitable space for such purpose, at any and all times during the Subrecipient's normal
working day.
d. The Subrecipient shall retain and allow access to all records related to this Agreement and the
funded project(s) for a period of at least six (6) years following final payment and closure of the
grant undei thii Agreenient. Despite the minimum federal retention requirement of three (3) years,
the more stringent State requirement of six (6) years must be followed.
RESPON S lBl LITY FOR PROJ ECT/STATEM ENT OF WOBISWORK .P|.iAN.
ubrecipientwiththeprojecUstatementofworUworkplan
(project) by providing federal award funds pursuant to this Agreement, the project itself remains the sole
iir.donjiUiiity of the bubrecipient. The Department undertakes no responsibility to the Subrecipient, or to
any third party, other than as is expressly set out in this Agreement'
The responsibility forthe design, development, construction, implementation, operation and maintenance
of the projec{, ai these phrales are applicable to this project, is solely that of the Subrecipient, as is
responsibility for any claim or suit of any nature by any third party related in any way to the project'
prior to the start of any construction activity, the Subrecipient shall ensure that all applicable federal,
state, and local permitrand clearances are obtained, including, but not limited to, FEMA compliance with
the Niational Environmental Policy Act, the National Historic Preservation Act, the Endangered Species
ACt, and all other environmental laws, regulations, and executive orders.
The Subrecipient shall defend, at its own cost, any and all claims or suits at law or in equity, which may
be irought against the Subrecipient in connection with the proiec!.The Subrecipient shall not look to the
Departrn'ent, or to any state or federal agency, or to any of their employees or agents, to1 any
performance, assistance, or any payment or indemnity, including, but not limited to, cost of defense
and/or attorneys'fees, in conneiiion with any claim or lawsuit brought by any third party related to any
design, development, construction, implementation, operalion and/or maintenance of a project.
SEVERABILITYl13-ffiu- htfuljurisdiction holds any provision or condition under this Agreement or its application
to ariy person or-circumstances invalid, this invalidity does not affect other provisions, terms or conditions
of th6 Agreement, which can be given effect without the invalid provision. To this end, the terms and
conditions of this Agreement are declared severable.
Sl NG LE AU DIT ACT REQUI REM ENTS-(including all AM FN DM ENTS)
iuoetnefollowingauditrequirementsinanysubawards.
Non-federal entities, as Subrecipients of a federal award, that expend $750,000 or rflore in one fiscal
year of federal funds from all sources, direct and indirect, are required to have a single or a program-
ipecinc audit conducted in accordance with 2 CFR Part 200 $ubpart F. Non-federal entities that spend
less than $7b0r000 a year in federal awards are exempt from federal audit requirements for that year,
"r..ft "r noted in 2 CFR part 200 Subpart F. As defined in 2 CFR Part 200, the term'non-federalentity'
reans a state, local government, lndiin tribe, institution of higher education, or nonprofit organization
that canies out a federal award as a recipient or subrecipient.
Subrecipients that are required to have an audit must ensure the audit is performed in accordance with
Generaily Accepted Governrnent Auditing Standards (GAGAS) as found in the Government Auditing
Standards (the Revised yellow Book) dev6bped by the United States Comptroller Generaland the OMB
Compliance Supplement. The Subrecipient has the responsibility of notifying its auditor and requesting
an audit in compiiance with 2 CFR pari zoo $ubpart F, to include the Washington State Auditor's Otfice,
a federal auditor, or a public accountant performing work using GAGAS, as app,ropriate. Costs of the
audit may be an allowable grant expenditure as authorizedby 2 CFR Part 200'425.
DHS.FEMA.EMPG.FY2l Page 18 of36 City of Kenl eMD,E22-142
The Subrecipient shall maintain auditable records and accounts so as to facilitate the audit requirement
and shallensure that any subcontractors also maintain auditable records, The Subrecipient is responsible
for any audit exceptions incurred by its own organization or that of its subcontractors. Responses to any
unres;fued management findings and disallowed or questioned costs shall be included with the audit
report. The SubrJcipient must respond to Departrnent requests for information or corrective action
concerning audit issues or findings within 30 days of the date of request. The Department reserves the
right to recover from lhe Subrecipient all disallowed costs resulting from the audit.
After the single audit has been completed, and if it includes any audit findings, the Subrecipient must
send a full copy of the audit and its Corrective Action Plan to the Department at the following address no
later than nine (9) months after the end of the Subrecipient's fiscal year(s):
Contracts Office
Washington Military Department
Finance Division, Building #1 TA-20
Camp Murray, WA 98430-5032
The Department retains the sole discretion to determine whether a valid claim for an exemption from the
audit requirements of this provision has been established'
Conducting a single or program-specific audit in compliance with 2 CFR Part 200 Subpart F is a material
requirement of this Agreement. ln the absence of a valid claim of exemption from the audit requirements
of i CfR Part 200 Subpart F, the Subrecipient's faiture to comply with said audit requirements may result
in one or more of the foilowing actions in the Department's sole discretion: a percentage of federal awalds
being withheld until the auditls completed in accordance with 2 CFR Part 200 Subpart F; the withholding
or dGallowing of overhead costs; the suspension of federal awards until the audit is conducted and
submitted; or termination of the federal award.
SUBRECTPTENT NOT EMPLOYEE
ndentcontractorrelationshipwillbecreatedbythisAgreement.The
Subrecipient, and/or employees or agents performing under this Agreement are not employees or agents
of the Department in any manner whatsoever. The Subrecipient will not be presented as, nor claim to be,
an officei or employee bf tfre Department by reason of this Agreement, nor wlll the Subrecipient make
any claim, demdnd, or application to or for any right or privilege applicable to an officer or employee of
thd Department or of the itate of Washington by reason of this Agreement, including, but not limitedJo,
Workmen's Compensation coverage, unemployment insurance benefits, social securily benefits,
retirement membership or credit, or privilege or benefit which would accrue to a civil service employee
under Chapter 41.06 RCW.
It is understood that if the Subrecipient is another state department, state agency, state university, state
college, state community college, state board, or state commission, that the officers and employees are
employed by the state of Washington in their own right and not by reason of this Agreement.
TruGS. FEES AND LICENSES
Agreement,theSubrecipientshallberesponsiblefor'payandmaintain
in cunent status ailtaxes, unemployment contributions, fees, licenses, assessments, permit charges and
expenses of any other kind for the Subrecipient or its staff required by statute or regulation that are
applicable to Agreement performance.
TERM r NATTON FOR CONVEN I EJ-{p.E
ofihisAgreement,theSubrecipientmayterminatethisAgreementby
providing written noiice of such termination to the Department Key Personnel identified in the Agreement,
specifying the effective date thereol at least thirty {30) days prior to such date,
Except as otherwise provided in this Agreement, the Department, in its sole discretion and in the best
interesls of the state of Washington, may terminate this Agreement in whole or in part ten (10) business
days after emailing notice. Upon notice of termination for convenience, the Department reserves the right
to iuspend all or part of the Agreement, withhold further payments, or prohibit the Subrecipient_from
incurring additionai obligations of funds. In the event of tennination, the Subrecipient shall be liable for all
damage:s as authorizeO Uy law. The rights and remedies of the Department provided for in this section
shall not be exclusive and are in addition to any other rights and remedies provided by law.
4.29
A,30
4.31
DHS.FEMA.EMPG.FY2l Page 19 of36 Cily of Kent EMCI,E22-142
4.32
A.33
4.34
TERMTNATION OR SUSPENSION FOR LOSS OF FUNPING
Tfte Departlnent may unilaterally terminate or suspend all or part of this Grant Agreement, or may reduce
its scope of work and budget, if there is a reduction in funds by the source of those funds, and if such
funds are the basis for this Grant Agreement, The Department will email the Subrecipient ten (10)
business days prior to termination.
TERMINATION OR SUSPENSION FOR CAUSE
@iinitsso|ediscretion,determinestheSubrecipienthasfailedtofulfillina
timely and proper manner its obligations under this Agreement, is in an unsound financial condition so
as to endanger performance hereunder, is in violation of any laws or regulations thal render the
Subrecipient unable to perform any aspect of the Agreement, or has violated any of the covenants,
agreements or stipulations of this Agreement, the Department has the right to immediately suspend or
terminate this Agreement in whole or in part.
The Department may notify the Subrecipient in writing of the need to take corrective action and provide
a period of time in which to cure. The Department is not required to allow the Subreciplent an opportunity
to cure if it is not feasible as determined solely within the Department's discretion. Any time allowed for
cure shall not diminish or eliminate the Subrecipient's liability for damages or otherwise affect any other
remedies available to the Department. lf the Department allows the Subrecipient an opportunity to cure,
the Department shall notify the Subrecipient in writing of the need to take corrective action' lf the
corrective action is not taken within ten (10) calendar days or as otherwise specified by the Department,
or if such corrective action is deemed by the Department to be insufficient, the Agreement may be
terminated in whole or in part.
The Department reserves the right to suspend all or part of the Agreemenl, withhold further payments,
or prohibit the Subrecipient from incurring additional obligations of funds during investigation of the
alleged compliance breach, pending corrective action by the Subrecipient, if allowed, or pending a
decision by the Department to terminate the Agreement in whole or in part.
ln the event of termination, the Subrecipient shall be liable for alldamages as authorized by law, including,
but not limited to, any cost difference between the original Agreement and the replacement or cover
Agreement and all aiministrative costs directly related to the replacement Agreement, €.9., cost of
aJministering the competitive solicitation process! mailing, advertising and other associated staff time.
The rights and remedies of the Department provided for in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law.
lf it is determined that the Subrecipienl (1) was not in default or material breach, or (2) failure to perform
was outside of the Subrecipient's control, fault or negligence, the termination shall be deemed to be a
'Termination for Convenience".
TERMINATION PROCEDURES
setforthbelow,iftheDepartmentterminatesthisAgreement,the
Subrecipient shall follow any procedures specified in the termination notice. Upon termination of this
Agreement and in addition to any other rights provided in this Agreement, the Department may lequire
th-e Subrecipient to deliver to the Department any property specilically produced or acquired for the
performance of such part of this Agreement as has been terminated-
lf the termination is for convenience, the Deparlment shall pay to the Subrecipient as an agreed upon
price, if separately stated, for properly authorized and completed work and seruices rendered or goods
delivered to and accepted by the Department prior to the effective date of Agreement termination, thg
amount agreed upon by the Subrecipient and the Department for (i)completed work and services and/or
equipmenl or supplies provided for which no separate price is stated, (ii) partially completed work and
services and/or 6{uipmbnt or supplies provided which are accepted by the Department, (iii) other work,
services and/or equiiment or supplies which are accepted by the Department, and (iv) the protection and
preservation of property.
Failure to agree with such amounts shatl be a dispute within the meaning of the "Disputes" clause of-tttis
Agreement.-tf tne ternination is for cause, the Department shall determine the extent of the liability oflhe
DEpartment. The Department shall have no other obligation to the Subrecipient for termination. The
Department may withhold from any amounts due the Subrecipient such sum as the Departmant
determines to be necessary to protect the Department against potential loss or liability.
DHS.FEMA-EMPG-FY21 Page 20 of 36 City of Kent EMD,E22-142
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 lhe notice;
b. place no further orders or contracts for materials, services, supplies, equipment and/or facilities
in relation to this Agreement except as may be necessary for completion of such portion of the
work under the Agreement as is not terminated;
c. Assign to the Deparlment, in the manner, at the times, and to the extent directed by the
Depirtment, all of ihe rights, title, and interest of the Subrecipient under the orders and contracts
so terminated, in whichiase the Department has the right, at its discretion, to settle or pay any
or all claims arising out of the termination of such orders and contracls;
d. Settle all oulstanding liabilities and all claims arising out of such termination of orders and
contracts, with the approval or ratification of the Department to the extent the Department may
require, which approval or ratification shall be final for all the purposes of this clause;
e. Transfertitle to the Department and deliver in the manner, at the times, and to the extent directed
by the Department any property which, if the Agreement had been completed, would have been
required to be furnished to the Department;
f. Complete performance of such part of the work as shall not have been terminated by the
Department in compliance with all contractual requirements; and
g. Take such action as may be necessary, or as the Department may require, for the protection and
preservation of the property relaled to this Agreement which is in the possession of the
Subrecipient and in which the Department has or may acquire an interest.
uTtLtzATloN oF MINORITY AND WOMEN BUSINESS ENTERPRISEq.fM.UAE)
nessfirmsthatarecertifiedasminority.owned'^and/or
women-owniO in carrying out tne purposes of this Agreement. The Subrecipient may set utilization
standards, based upon tolat conditions or may use the state of Washington MWBE goals, as identified
in WAC 326-30-041.
VENUE
Tfiffireement shall be construed and enforced in accordance with, and the validity and performance
shall bE governed by, the laws of the state of Washington. Venue of any suit between the parties arising
out of thi's Agreement shalt be the Superior Court of Thurston County, Wasiington. The $ubrecipient, by
execution of-tnis Agreement, acknowledges the jurisdiction of the courts of the state of Washington.
WAIVERS
M-6iliti-ons or provisions of this Agreement can be waived unless approved in advance by the
Department in wr1ing. The DepartmenG failure to insist upon strict performance of any provision of the
Agieement or to exeicise any right based upon a breach thereof, or the acceptance of any performance
during such breach, shall not constitute a waiver of any right under this Agreement.
A.35
4.36
4.37
DHS.FEMA.EMPG.FY2l Page21 of36 City of Kent EMO,E22-142
Aftachment G
2IEMPG Award Letter
EM3-2021-EP{0007-S01
U.S. Department of Homeland Security
Washington, O.C.20472
Bret Daugherty
Washington Military DePa rlment
Building 20
Camp Murray, WA 98430 - 5122
Re : Grant No. EMS-2021 -EP-00007
Dear Bret DaughertY:
Congmtulations, on behalf of the Departrnent of Homeland Security, your applbation for financial assisiance submitted under
the Fisoalvear (rv1 2az1 Emergenry Management PerformanoeGrants has been approvedjn]he-amount ol$7,542,92.o4-
As a conditlon of this award, yoriare requirei to contrioute a cosl match in lhe amcunl of $7,582,922 fi) of non'Federal funds,
or 50 percent of the total apprwed poject costs of $15,165,844'00
Before you request and receive any of the Federal funds awarded to you. you must eslabtish accepbnce of the award' By
accepting this award, you ackrnwGdge that the terms of the follo\ring documents are lncorporated into the terrns of your
award.
. Agreernent Articles (attached to this Award Letter)
. Obligating Document (attached to this Award Lettet). fV iOZlEnergenry Managernent Performanoe Grants Notice of Funding Opportunity-
. FEMA Preparedness Grants Manual
please make sure you read, understand, and maintain a copy of these documents in your official file for this award
ln order to establish acceptance of the award and its tefiTls, please folloff these instructions
Step 1 Please log rn to the ND Grants system at https://portal.fema'gov
Step 2 Afte,r logging in, you will see the Home page with a Pending Tasks menu Click on tlre Pending Tasks rne1u, select fE
Apflication suu-menu, and then click the tink for "Award offer Review" tasks This link will navigate you to Award Packages
that are pending relriew.
Step 3. Click the Review Award package icon (wrench) to review the Award Package and accept or decline the award. Please
save or print the Award Package for your records.
System for Award Manaprnent (SAM): Grant recipients are to keep all,of their information up to date in SAM, ln particular'
ydur organization,s namd, addreis, DUNS numbei, EIN and banking inforrnation Please ensure that the DUNS number used
in SAM is the same one used to apply for all FEMA awards. Fulure payrnents will be contingent on the information provided
in me bnul;lherefore, it is imperativitnat ure information is correct.'The System for Award Management is located at htto;//
www,sam.q)v.
lf you have any quesgons or have u6ated your lnformation in SAM, please let your Grants Management Specialist (GMS)
tcnorv as soon as'possible. This will hetp us io make the necessary u@ates and avoid any interruptions in the payment
process.
PATRICKGERARD MARCHAM
DHS.FEMA.EMPG.FY21 Page22ol36 City of Kent EMO,E22'142
01
GRANTEE:
PROGRAM:
AGREEMENT NUMBER:
Article I
Article l!
Article lll
Article tV
Article V
Ariicle Vl
Article Vll
Article Vlll
Articte X
Article X
Article Xl
Arlicle Xll
Article Xlll
Article XIV
Article XV
Article X/l
U.S. Departrnent of Homeland Seeuri$
Washington, D.C.2A472
AGREEN'ENTARTICLES
Emergency illanagement Performance Grants
Washington M ilitary Department
Emergenoy M a na ge ment Performarre
Grants
EMS-2021 -EP-00007-S01
TABLEOF CONTENTS
Limited English Roficiency (Civil Rrghts Aot of 1964, Tltle Vl)
Universal ldentifier and System of Award Manapment
Disposition oi Equipment Acquired Underthe Federal Award
Americans wilh Dtsabilities Act of 1990
SAFECOM
Prior Approvalfor Modafication of Approved Budget
Rehabilitation Act of 1973
National Ervironmenhl Polkry Act
Environmental Planning and Historic Preseruation (EHP)
Review
Acknowledgement of Federal Funding from DHS
USA PATRIOT Act of 2001
Age Discrimination Act of 1975
Civil Rights Act of 1964 - Title Vl
Notice of Funding Oppottunity Requirements
Traflicking Victims Protection Act of 2000 fiVPA)
Non-Supplanting Requirement
DHS.FEMA.EMPG-FY21 Page 23 of 36 Cily of Kent EMD,E22'142
Article )0/ll
Article XVlll
Article XIX
Article H
Artiole )0(l
Arlicle XXll
Articte )0(lll
tuticle )C(lV
Arlicle )C(V
Article )O(Vl
Article X(Vll
Article X(Vlll
Article )C(X
Adicle )XX
Article )C(Xl
Arlicle )0fi11
Article )fiXlll
Adicle )C(XIV
Article )frX/
Article )C00/l
Adicle )flXVll
Article XXX/lll
Drug-Free Workplace Regulations
Federal Leadership on Reducing Text Messaging while
Driving
DHS Specific Acknowledgements arrd Assurances
Best Practices for Collection and Use of Personally
ldentifi able lnformation
Civil Rights Act of 1968
Debarment and Suspension
Activities Conducted Abroad
Energy Policy and Conservation Act
Procurement of Recovered Materials
Terrorist Financing
Hotel and Motel Fire Safety Acl of 1990
Duplication of Berefits
Fly Anerica Act of 1974
Reporting of Mattes Related to Recipient lntegrity and
Performance
Lobbyirq Prohibitions
False Clairns Aot and Program Fraud Civil Remedies
Federal Debt Status
Nondiscrimination in Matters Pertaining to Faith'Based
Organizaliorc
Education Amendments of 1972 (Equal Opportunity in
Education Act) - Title lX
Copyright
Reporting Subawards and Executive Compensation
Use of DHS Seal, Logo and Flags
DHS.FEMA.EMPG.FYzl Page 24 of 36 City of Kent EMD,E22-142
Article XXXIX \Mristleblower Protection Ac't
Assurances, Administrative Requirernenls, Cost Princples,
Representations and Cedifications
Acceptance of Post Award Changes
Patents and lntellectual Property Rights
Artlcle )(L
Article i(Lll
Article I - Llmited English Proliciency {civil Rights Act of 1964, Title Vl}
Recipients must compty with Tifle vt of the civit Rights Act of 1964, (42 U.S.C. section 2000d et seg.) gohibition against
discrimination on the basis of national origin, which requires that recipients of federal financial assistarEe take reasonable
steps to provide meaningful access to peisohs with limhed English proficiency {LEP) to lheir ryogf|s and services For
aoditionit assistance ani information regaraing language amess obligations, please refer to the DHS Recipient Guidance;
hftps//www.dhs.gov/guidanc* published.rrelp-aepartment- supported-organizations-provide-meaningful-access'people-
limited and additlonal resources on hftp://Vww-lep'gov
Artlcle ll - Unlversal ldentlfler and System of Atmrd ltllanagercnt
Reoipients are required to comply with the requirernents set forth in the governrrent-wide financial assistance award term
relaloing ttre Sysiem for Award ilanagement'and Universal ldentilier Riquirements located at 2 c.F.R Parl?l, Appendix A'
the fulltext of which is incorporated hele by refererne
Arilcle lll . Dlspositlon of Equiprnent Acqulred under the Federal Award
tffhen original or replacement equipment acquired under this award by the recipient or its subrecipients is no longer needed
for the original projict or prog6m or for other activities cunently or previously supported by a federal awarding agerEy' you
must tequlst instrucgonsfroh fEruR to make properdisposition of the equipment pursuant to 2 C.F.R' Section 200-313-
Artlcle lV - Amerlcans wlth Dlsablllths Act of 1990
Recipientsmustcornplywiththerequirementsof Titlesl, ll, and lllof the AmericanswithDisabililiesAcf, F;b' L No.101-336
1rbsb1 icocined as aminded at 42 U.S.c. sections 121a1- 122'l3l,which prohiHts recipients from disoriminating on the basis
it oisid,nny in u,te operation of public entities, public ard pivate transporhtion systems, places of publio accommodalion, and
certain testing entities.
ArticleV -SAFECOM
Recipients reoeiving federal financial assistance awards made urder gograms that provide emergency communication
equiiment and its rEtateO activities must comply with the SAFECOM Guldance for Emergency Communication Grants,
inctuOrrg povisions on technical standards ttst ensure and enhance interoperable communications.
Arlicle Vl - Prlor Approval for llllodllicatlon of Approved Budget
Before makirg any change to the FEMA approved budget for this award you must request prior written approval from FEMA
wtrere requirJc ui z c.r.n. section 200.a0s, FEMA is ilso tnilizirg its discrelion to impose an additional restriclion under
2 C.F.R. Sectbn 200.30s(0 regarding the transfer of funds amongdirect cost categories, programs, functions, or activities
Therefore, for awards wittr in ipprofiO budget where the federaishare is greater than the_ simplified acquisition threshold .
(cunerfly'SZSO,OOO;, you may not transter trJnds among direcl co$ categories, programs, functions, or activitieswlthout prior
iritten approuit trom'FEMR *nere lhe cumulative amount of such transfers exceeds or is expected to exceed ten percent
1ro.iy ot tire totat budget FEMA last approved,-You must report any deviatiors from your FEMA approved budget in the first
F"oelai Financial nefirt (SF-42s) you Ltibrit fotloaring arry budget deviation, regardess of whether tte budget deviation
requires prior written aPProval,
Artlcle Vll - Rehabllltatlon Act of 1973
Recipients must compty with the requirernents of Section 504 of the Relnbilitation Act of 1973, Pub. L. 93-112 (1 973),
(codihed as amended dt eS u.s.c. section 794,) which provides that no othenvise qualilied handicapped individuals an
Article XLI
DHS-FEMA-EMPG.FY21 Page 25 of 36 City of Kent EMD,922'142
the United $tates will, solely by reason of the handicap, be exclrded from padicipation h, be denied the benefits of, or be
subjected to discrimlnation under arry program or ac{ivity receiving federalfinancial assislance
Artlele Vlll - Natlonal Envlrontrental PollcyAct
Recipients must comply with the requirements of the waliona I EnvirutmenF,l fulhy Act ot 1969 (NEPA), Pub L 91 -1 90
(197b) (codified as aminded at 42 U.S.C. section 4321 et seg.) and the Council on Environmental Quality (CEQ) Regulations
ior tmbtementing the procedural Provisions of NEPA, which require recipients to use allpncticable means within their
.utf'oiity, and cdrebtent with other essential considerations of national policy, lo create and maintain conditions under whioh
peo$e ind nature can exist in productive harmony and fulfill the sochl. economlc, and other needs of present and future
generations of Americans.
Artlcle lX - Envlronmental Plannlng and Historlc Preservalion (EHP) Review
DHS/FEMA funded activities that may require an EHP review are subject to the FEMA Environmental Planning and Historic
preservation (EHP) review process. inis ievlew does not address all federal, state, and local requirements. Aeceptance of
federal funding requires recipient to comply with all federal, state, and local laws
DHSIFEI4A is required lo consider the potential impacts ts natural and cuilural resources of all projects funded b!, DHS/
FEMA grant funds, lhrough ie EHP Review process, as mandated by the National Erulronmental Policy Act; Nataonal
Historic preservalion Aot-of 1966, as annnded, Nationat Flood lnzurance Program regulations; and, any other applicable
laws and Executive Orders. To access the FEMA EHP screening form and instructions, go to the DHS/FEMA website at:
httos://www.fema,gov/mediajibrary/assets/documents/190195. ln order to initiate EHP review of your project(s), you must
comptete an rebvant seciions of lhis form and submit it to lhe Grant Programs Directorate (GPD) along with all other pertinent
piojict inlormation. The EHp rwiew process must be completed before funds are released to carry out the ptoposed proJec't,
ofrenryise, DHS/FEMA may not be able to fund the projeot due to nonmmpliance with EHP laws, executive order, regulations,
and policies.
lf ground disturbing activities occur during conslrucfion, applicant will monltor ground disturbance,.ard if arry polential
ariheotogioal resoirces are discovered, ipplicant will immediately cease work in that area and notifu the pass-through entity,
if applicable, and DHS/FEMA.
Artlele X - Acknowledgentnt of Federal Fundlng from DHS
Recipients must ackrowledge theh use of federal funding when issuing slaternents, press releases, reqr.ests for proposal, bid
invitations, and sther documents describing ptojects or progrars furded in whole or in pail wilh lederal funds.
Artlcle Xl - USA PATRIOT Act of 2001
Recipients must comply with requirernents of Section 817 of the Llnting and Strengtltaning hnerica by Provtdng Appropriate
f61;1L nqUA b htercept and'Obsln-rct Tenorign Act of 2Ail (USA PATRIOT Act), Rtb L. No. 107'56, which amends 18
U,S.C. sections 175-175c.
Artlcle Xll . Age Dlscrlmlnatlon Act of 1975
Recipients must compty with the requarements ol the Age Dscrm nation Act of 1975, Pub. L. No 94,135 (1975) (codlfied as
amenOeO at Tifle 42, U.S Code, section 6101 etseg ), which prohibits disffrmlnation on the basis of age in any prog;am or
activity receiving federa I fi nancial assistance
Article xlll - ciual Rights Act of 1864 - Title vl
Recipients must comply with the requirements of Title Vl of the Civil Rights Act af 1964 (codilied as amended at 42 U.S C.
sectibn 2000d et seq,).-wnicn provid'es that no person in the United States will, on lhe grounds of race, color, or national origin,
be excluded from participation ln. be denied the berefits of, or be subjected to discrimination under arry progPm or activtty_
receiving federat tinanciit assistance. DHS implementirg regulations for the Act are found at 6 c F R Patt21 and 44 C.F.R-
Paft7.
Article XIV - Notice of Funding Oppottunity Requirements
Allthe instrrrtions, guidance, limitations, and other conditorrs set forth in the lrlotice of Funding Opporlunity (NOFO) for this
program are incorpo-rated heie by reference ln the award terms and conddions, All reciprents must comply with arry such
requirements set torth in the program NOFO
DHS-FEMA.EMPG.FY21 Page 26 of 36 Cig of Kent EMD"E22-142
Artlcle XV - Traflicklng Vlcffnrs Frotectlon Act of 200O {WPAI
Recipients must comply with the requircmenls of the governmgn!-1dg financial assistance award term which implements
Section 106(9) ot the'Trafiicking Vicims Protection ect ot ZOOO {TVPA), codified as amended at 22 U S.C. section 7104 The
award term is iocated at 2 C-F R. section 17515, the full text of which is incorporated here by reference
Artlcle XVI - Non€upplantlng Requlremctt
Recipients receiving federal finanoial assistance awards made under progmms lhat trohibit supplanling by law,must ensure
lrat federallunds do not replace (supplanl) funds that have been budgeted for the same purpose through non-federal
sources.
Artlcle XVll - Drug-Free Workplace Regulatlons
ReciFients rnust compry with drug-free workplace requirements in subpgqB (or subpart c, if the reciprient is an individual) of 2
c.F.R. part300t,whiciradoptsti'pGouernmenhwidirimplementation(2cF.R krt182)of Sec 5152'5158of the Drug'Free
Workplxe Adof 1988 (41 U S,C sectrons 8101'8106)
Article XVlll - Federal Leadership on Reducing Text nJbssaging while Drlvlng
Recipents are encouraged to adopt and enforce policies that ban text rnessagirE while driving as described in E o '13513,
i""f"ii"g conOucting iniiiatives deicribed in Seotion 3(a) of ihe Order when on official government business or when
performrng any work for or on behalf of lle federal government
Article XIX - DHS Specilic Acknowledgements and Assurances
All recipienls, subrecipients, successors, transferees and assignees must aoknowledge and agree to comPly with appicable
provisions governing bHS acce"" to records accounts. documenls, infonnation, facililies, and staff
1 Recipients must cooperate with any compftance reviews or compltance investigtions conducted by DHS,
2 Recipents must give DHS access [o, anit tl're right to examine and copy, records, accounts, a_nd other documents and
sources of inforrnation related to the federalfinancial assistance award and permit access to facilities, personnel, and
olher indviduals and information as may be necessary, as required by DHS regulations and other applicable laws or
program gddance.
S i?ec]pienG must submit lirnely, complele, and accurate reports to the appropriate DHS ofricials and maintain appropriate
backr4p documentation to support the reports.
4 Recipients m1st comply wm iU other special reporling, &ta collection, and evaluation requirements, as prescribed by
law or detailed in program guidance,
S. Recipientsoffederal-finaniia,assistancefromDHsmustcorrpletetheDFISCivilRightsEvaluationlodwithinthirty(30)
days of receipt of he Notice of Award or, for State Affninistrative Agencies, thirty (30) days from receipt of lhe DHS Civrl
Rijnts Evaluation Toot from DHS or its awarding corrponent aggrry After lhe initial submission for the first award under
wlich lhis term applies, recipients are required to proviOe this information orlce every two (2) years if they have an aclive
award, not everyi,me an award is made. iteclpterits should submitthe completed tool, irrcluding supporting materials,
to CiviiRightsEvaluation@hq.dhs,gov. This tool clarilies the civil righls obligations and related reporting requiremenls . .
concineJ in the DH$ StinOiro Tjrms and Conditions. Subrecipients are not reguired to complete and submit this tool to
DHS. The evaluation tool can be found at https:l/www.dhs.govipublication/dhs'civil-righls-evaluation-tool
The DHS Office for crvil Rights and civil ubertieswilt consider, in lt8 discretion, granting an exlension if lhe recipient
identifies steps and a timeliie for completing the tool. Reciprents should request extensions by emailing the request to
CivilRightsEvaluation@hq dhs.gov prror to expiralion of tlre 30.day deadline.
Article XX. Best Practices for Collection and Use of Personally ldentifiable lnformation
Recipents who collect personally identifiaHe inlormation (Pll) are required to have a publicly available privacy policy that ..
describes standards on the usaje and mair{enance of the pit tney collect DHS defines Pll as arry information thai permits the
ioentity of an individual to be dir;cuy or indirectiy infened, including any information that is linked or linkable io that individual.
necipiLnts may also find the DHS privacy tmpait Assessnrents eiivacy Guidance at http.//www dhs gov/xlibrary/assetd
privacy/privacyjia_guidancejure20'10.-pO
"nC
Privacy Template at http€ //www dhs gov/sites/defaulUfileslpudications/
privacy3ia-tempate 201 7. fif as useful resources respectively
Article XXI - Civil RighB Act of 19€8
DHS.FEMA-EMPG.FY21 Page27 of36 Cily of Kent EMD,U2-142
RecipientsmwtcomptywithTitleVlllof theCrvrlRighls Actoll968,Pub L 90'2S4,asamendedthroughPub. L 113-4'
whbh prohibils recipibrits fiom discriminating in the-sale, rental, financing, and advertising of drretlings, or in the provision of
services in connection fierewith, on the basG of race, color, national orign, religion, disability, familial status, and sex (see
42 U.S C. section 3601 el seg.), as implemented by the U.S. Departnent of Housing and Urban.Development at 24 C F.R
part 100. The prohibition on diiiUility discrimination includes the requirement that new rnultifamily hotsing with four or more
dwelling units.i e., the public and common use areas and individual apartment units (all units in buildings with elevators and
,
groundlfloor units in Ouiuings without elevators)-be desigred and constructed wlth certain accessiHe features (See 24 C F.R.
Part 100, Subparl D )
Article XXll - Debarment and Suspension
Recipients are subject to the non.procurement debarment and suspension regulations implementing Execr:tive orders (E.o )
12si9 and 12689, which are at2b.p.R. part 180 as adopled by DHS at 2 c F.R. Part 3000. These regulations restrict
federal financial assislance awards, subawards, and coniracts with cedain parlies that are debaned, suspended, or otherwise
excluded fromor ineligible for prticipation in federal assistance programs or activities'
Article XXlll - Activitleg Conduc{ed Abroad
Recipients must ensure that project activities carried on outside tlre United States are coordinated as necessary with
apprbpriate government authorifies and that appropriate licenseq permits. or approvals are obtained
Artlcle XXIV - Energy Potlcy and Conservation Act
Recipients must comply with the requirernents of the Enagy tulicy aN Consoruation Aot, Pub L. s4- 't63 (1975) (codified as
amended at 42 U,S.C. section 6201 ef seq.), which contain policies relating to energy efficiency that are defired in the state
energy conseruation plan issued in compliance with this Act'
Artlcle XXV - Procurerrent of Recovared lllhterials
States, political su6divisions of states, and their contractors must comply with Section 6fi)2 of lhe Solid Waste Disposal Act,
puO f-. '99-2Z2(1965), (coditied as amended by the Resarce Conselatiqt at:d Rawery Act,42 U S C section 6962 ) The
requirements otsection 6ffi2 irplude procuring only items designated in gurdelines of the Environntsntal Protectlon
Adt (EpA) at 40 c F,R. pa'1t217 tfrat contain tni highest peicentage of recovered materials practicable, coreistent with
mainbining a satisfac{ory level ol competilion
Article XXVI - Terrorist Financing
Recipients must comply wiff| E O 1322..4 and U.S. taws that prohitrit transactions with, and the provisions of resources and
support lo, individuals ind organizations associated with teriorism, Reciprients are legally responsible to ensure compliance
with the Or&rand laws,
Artlcle xxvll - Hotel and ldotel Flre sdetyAct of 1990
ln accordance wifr Section 6 of ttre Hotel and frtotet Fire Safely Act of 1990,15 U s C. section 225a, reciprients must ensure
that all conbrence, meegr€, convenlon, or training space furded rn whole or in part with federal funds complies with the-fire
prevenlion and contro! gui6tines of tfre Federa I Fi-re'Prevention and Cmlrd Act d 1974, (codified as amended at 15 U'S'C'
section 2225 )
Artlcle XXVlll - Dupllcatlcn of Benefits
Arry cost allocable to a Farticular federal financial assistance award provided for in 2 C'F.R Part 200, Subpad E may not
OJ cfrargeO to other federal linancial assistance awards to overcome fund deficiencies; to avoid restilctions imposed by
.
feOeral itrt,rt".. regulations, or federal financial assistance award terms and conditions; or for other reasong Horrlever, these
prohibitiors would not preclude reclpients ftom shlfting costs tl'rat are allowaHe under two or more awards in accordance with
existing federal statutes, regulations or the federal financial assstance award terms and conditions.
Article XXIX - Fly America Act of 1974
Recipients rnust compty w1h Pnlererpe for U,S, Flag Air Carriers (air carriers holdirg certificates under 49 U S.C'
seotion 41fi21 for interhational alr transportation of peofle and property to the extent that such service is available, in
acoordance with lhe lntqnatbnal Air Trinsputah:on' fai Conpi*itUe Prer;tices Act d 1974,49 U S.C section 40118, and
DHS-FEMA-EMPG.FY21 Page 28 of 36 City of Kent EMD,E22'142
the interpretatrve guidelrnes 6sued by lhe Comptroller General of the United Slates rn the March 31 , 1981 , amendment to
Comptroller General Deciston B'1 38942.
Article XXX - Reportlng of Matters Related to Reciplent lntegrlty and Performance
lf the total value of any cuffently active grants, cooperative agreements, and procurement contracts fiom all federal awarding
agencies exceeds SIO,OOO,OOO for any period of time during the penod of performance of this federataward, then lhe
ieliptenC must comply with the requiriments set forth in th- government-wide Award Term and Condition for Recipient
tntegrity and pertormahce Matters iocated at 2 C.F.R. Part 200, Appendix Xl{, the fulltext of which is incorporated here by
reference in the award terms and corditions.
Artlcle XXXI - Lobbylng Prohlbltlons
Recipients must eomply with 31 U.S.C. section1352, which provides thal none of the funds provlded under a ledenal financial
asslstance award may
-ne
expended by the recipient to pay any person to influence, or attempt lo influence an offtcer or
employee of any agency, a Member oiCongress, an officer or employee of Congress, or an emPloyee of a Member of
Congr;ss in conneitionwith arry federal action related to a federat award or contract, inoluding any extension, continuation,
renewal, amendment, or rnodifioation.
Article XXXII - False Clalms Aet and Program Fraud Clvll Remedles
Recipients must comply with the requlrements of the False Clams Act, 31 U,S C sections 3729- 3733, which prohibit lln
submission of false or fraridulent claims lor payment to tre federal governmenl. (See 31 U.S.C seciions 3801-3812, which
detailsthe administrative remedles for false olaims and statements made.)
Article XXXlll - FedEral Debt Status
All recipients are required to be non-delinquent in their repayment of any federal debt Examples of relevant debt include
delinquent payroll and other taxes, audt disaltor,vances, and beneflt overPayments. {See OMB Circular A-129 )
Articte XXXTV - Nondiscdmination ln ttJlatters Pertalnlng to Faith-Based Organizations
It is DHS polioy to ensure the egual treaiment of faith-based organizalions in social service programs administered or
supported by DHS or its component agencies, enaHing those orgnizalions to particiPate in providing important socigl- _
services to beneficiaries, Recipients must comply wilh the equal treatment policies and requiremer{s contained in 6 C F R
part 19 and other applicable siatues, regulations, and guidarne gorerning the partrcipations of faith-based organizatons in
indvidual DHS programs.
Argcte XXX\1 - Education Amendments oI19'lil(Equal Opportunity ln Educatlon Act! - Title lX
Recipients must comply with the requirements of Title lX of lhe Edlfiation Amqdmentsof 1972, Pub L, 92-318 (1972)
lcoaiRea as amended it zo U.s.c section 168l et sag ), which provide that rc petson m the United States will, on the bssts
or sex, ne excluded from pailicipation ln, be denied th6 benefits of, or be subjected to dtscriminatlon undef any educational
program or activity receiving feoeral financial assistance DHs implementing regulations are codified at C F.R. Paft 17 and 44
C F.R. Part 19.
Artlcle XXXltl - CoPYrlght
Recipiente must aflix the appticable copyright notices ol17 US C. seotions 401 or 4}2and an acknowledgement of U.S
Govirnment sponsorship qiricluaing trr6 Ldard number) to any work first produced under federal finarrcial assistance awards
Articte XXrull - Reporting Ssbawards and Etecutivc Gompensation
Recipients are required to comply with the reguirements set forth in the govemment-wide award term on Reporting Subawards
and bxecutive Compensalon tocateo at 2 C F R. Part 170, Appendix A, tne fUt text of which is incorporated here by reference
in the award terms and mnditions.
Article XXX\rlll - Use of DHS Seal, Logo and Flags
Recipienls must obtain permission from their DHS FAO prlor trc usrng the DHS seal(s), logos. crests or reproductions of flags
or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of
ftags or llkenesses of Coast Guard oflicials-
DHS-FEMA-EMPG"FY21 Page 29 of 36 City of Kent eMD,E22-142
Article XXXIX - Whistleblower Protection Act
Recipients must compty with the statutory requirements for whistleblower protections (if applicable) at 10 U S.C section 2409,
41 U,S.C. section 471i, and 10 U S C section 2324, 41 U S.C sections 4304 and 4310
Artlcle XL . Assurances, Admlnlstratlve Requlrements, Cost Prlnclples, Representatlons and Certlflcatons
DHS financial assistance recipients must oomplele either the Office of Managament and Budget (OMB) standard Form 4248
Assurances - Norrqonstruc.tion Prograrns, or OMB SEndard Form 424D Assurances - Construction Prograrns, as applica_ble
Ceilain assurances in these documeng may not be applicable to your program, and the DHS financial assistance office (DFIS
Fnoj r"Vi"quire applicants to certiff addilional assurances Applioants are required to fillout the assurances applicable to
their'program as ins'tructed by the awarding agency, Please contact the DHS FAO if you have any questions.
DHS linancial assistance recipients are required to follow the applicable provisions of the Uniform Administrative
Requirements, Cost principles, and Audit iequiremenb for Federal Awards located at Title 2, Cade of Federal Regulations
{C.F.R.) Parl20O, and adoSed by DHS at 2 C"F.R' Part 3002'
By acoepting lhis agreernent, the recipient and its execulives. as defined in 2 C F R section 170 31 5, certiff that ihe
recipenls p-opcies ire in accordance with OMBs guidance located at 2 C F.R Part 200, atl applicable federallaws, and
relevant Exeoutive guidance.
Artlcle XLI - Acceptance of Podt A&ard Changes
ln the event FEMA determines rnt changes are necessary to the award docurnent afier an award has been made, including
.n"ng"r to period of performance or terris and conditions, recipients will be notified of the changes in writing. Once
notification has been made, any suboequent request for funds will indicate reclpient acceptance of the changes to the
award ptease cail the FEMA/GMD Cail Center at (866) 927-566 or via e"mail to A$K:GMD@Fmdbgsv if you have arry
questions-
Artlcle XLll - Patents and lntellectual Property RlghE
Recipients are subject lo lhe gayh-hle kt, 35 U S C section 200 el seg, unless otherwise provided by law. Recipients are
subjicl to the specific requlrerrerns governing the development, reporting, and disposition of rights to irventions and patents
r"=utting from federal financial assistrance awlrds located at 37 C.F R Part 401 and the standard patent rights clause located
at 37 C.F.R. section /01.14.
Personnel
Fringe Benefits
Travel
Equipment
Supplies
Contractual
Construction
lndirect Charges
Other
BUOGET COST CATEGORIES
$4,066,819.00
$1,479,769,00
s2,188.00
s0.00
s15,390,00
s9,247,406.00
s0.00
s354,272.00
s0 00
DHS.FEMA-EMPG-FYz1 Page 30 of 36 Cily of Kent EMD,E22-142
I)ocum cnt for Award/Ancndmcnl
la AGR-EEIvIENT NO 2. .{\'18}IDIVIENT NO
Elvls-?021-EP-00007-S0l *'r'l*
PHONE NO
2535127156
l0 NA'IVE oF FEtvtA PROJECT COORDNA'IOR
Centrsl Scheduling nnd Information Desk
Phonc: 80&368-6:198
Email. Askcsid dhs.gov
13 ASSISTANCEARMNCEMFAIT 14 PERFOR\TANCEPERIOD
Cost Rctmburscment From: To:
1AB1t?f.2A a9EO,2A23
Burtgel Period
1010112020 09t3u2an
l
RECIpIEI.IT
NO
9lm0l095G
4 TYPEOFACTION
AIIIARD
5 CONTROLNO
Fl'20llRl0ElvlPC
6. RECIPIENT NAME AND 7. ISSLJING FEtvtA OFFICE AND
ADDRESS ADDRESS
Washington Military FEMA-GPD
Dcpartmcnt {00 C Strcct, SW,3nl [loor
Building 20 Woshingtorl DC20172'3615
Camp Murray,IVA',98{30 - POC 866'927-5616
5t22
9 NAME OF RECIPIENT
PROJECT OFFICER
Tirzah Kinchcloe
8 PAYtr,IHI\_T OFFICE AND ADDRESS
FE\{A Finance Center
430 Market Street
lVrnchcstct, VA 22603
I I EFFECTIVE DATE OF
TTIS ACTION
l0/01/2020
PROGRAM
NAME
ACRONYIVI
CFDANO.ACCOIINTINC DATA
(ACCS CODE)
.\.L{X-X\X--a{\\.\X-
.\.t}L13i"xxl\.x\,\.\-x
2O2l-FA-GA0I"Rl0?,'ll l&D
12,
\'IETHOD
OF
PA1'lvIENT
PARS
I 5 DESCRIPTIONOF ACTION
o. flndtcatq fundrqg dutu for urvur& or finonciol chongcs)
PRIOR
TOTAL
AIVARD
AMOU}IT
AU'ARDED
THIS
ACTION
+ OR(-)
CURREITT
TOTAL
AWARI)
3C.00 s?.583.9!2 00 S7.J82,9?2 00
t0,00 s7,382,922.00 37,581,91i,00
CUVITJLATIVENON.
TEDERAL COI\A{ITMENT
scc Totlls
37,5n4922.00
Emargcncy
f\ton13E'rcnl
Pcrfofinsncc
Crgnls
9?.Or?
b To dcscnbc changes oihcr tlran funding data or linancial changcs, attach schcdulc and chcck here.
N/A
16 a. FOR NON-DI5ASTER PROQRAIvIS: RECIPIENT ls REQLIIRED To SIGI'; AlfD RETURN THREE (3) COPIES OF THIS
DOC{.JIVIENT TO FE:v1,A {See Block 7 for r&Jrcss)
Emergency futanagement Performance Orants recipienls are not required to sign and retum copies of this document. Floleever, reciprcnts
should print ond kcep u copy ofthis document for their records
I 6b FOR DISASTER PROGMIvIS: RECIPI ENT ls No r REQUIRHD TO SlcN
't'hrs assistancc is subject to terms and conditions sttnched ro this awnrd noricc or by incorpornted rcference in progrom legislatton citcd
abovc.
l7 RECIPIEIIT SIGN.{TOR}'OFFICIAL {tqsme and Titlc}
Tirzah Krnchcloe, lt{rs
l8 FE\,IA STGNATORY OFFICIAL (Name and Title)
TIIERESA MUSCAT BARA, Program Manager
DATE
lYcd Scp 08 I 8;30.53 GMT
202r
DATE
tvlon Aug 30 I 5'36 26 CIVIT
2021
DHS.FEMA.EMPG-FYz1 Page 31 of36 Cily of Kenl EMD,E22'142
Attachment D
WORK PLAN
FY 2A21 Emergency Managem ent Performance Grant
t
2
nt lzatlon:of Kent . E ent Division
The purpose of EMpG is to assist with the enhancement, sustainment and improvement of state, local, and tribal
emergency management programs. Activities conducted using EMPG funding should relate directly to the five
elements of emergency management: preventlon. protection, response, recovery, and mitigation. Washington
State does not require a specific number of activitaes to receive EMPG funding. However, there are required
capabilities that must be sustained in order to remain eligible for EMPG funding, including but not limited to the
ability to communicate and warn, educate the public, plan, train, exercise, and be NIMS compliant' The Work Plan
delineates the Emergency Management Organization's emergency management program planning and priority
focus for this grant cycle {to include EMPG grant and local funds}.
7
EM Office SuppliesWebsite FeesMeeting refreshments
lnk Cartridges
Priority Area-Sustainmcnt
4.7 Communications and Warning
Operational Communications'Primary,Core'GaPibllhY
Situationa I AssessmentGrre,€apabllltySqconda_ry
BuildingBuilil'or Sustain
ANTICIPATED PROJECT IMPACTtDENTTFTED CAPINEEDWORK PLANNED
Radios will provide redundant
communication between CitY
Departments and ECC for situational
awareness/messages during
activations.
Lack of radios recognized as a gaP
during testing and activations for
redundant communication across
city departments and the ECC'
(Police, Fire, lT, Public Works, etc.)
Purchase Dual Band Radios for CitY
of Kent ECC.
Satellite Phones will provide
redunda nt communication between
Clty and State.
During major communication
outage Satellite phones needed to
communicate with State or other
local communities,
Renew monthly contract for ECC
Satellite Phones.
Priority Area $1
4.6 Resource Management, MutualAid, and Logistics
0perational Coordinatio nI Prima ry, Go re,Ga pablllty
Critical TransportationGapabilityle-cond-ary ,Gore
SustaininglM a intainingBuild ortSustain
ANTICI PATED PRO'ECT IMPACTTDENTTFTED CAP/NEEDWORK PTANNED
A mobile command post will
provide a decrease in response time
as the trailer will provide supplies
needed to operate as an ECC as well
as better communications with
other departments/units.
A mobile command post will
provide the ability for ECC staff to
be located as close to an incident as
possible for better communications
and on scene control of tactical
operations.
Begin outfitting an unused CERT/EM
trailer so that it can be transitioned
into a mobile command Post for
Kent Emergency Management.
Priority A,rea fl2
DHS.FEMA.EMPG-FYz1 Page 32 of 36 City of Kent EMD,E22'142
7
2
4.10 Exercises, Evaluations, and Corrective Actions
Operational Coordination
Planning
Sustaining/Mai ntain ing
ANTICIPATED PRO'E T IMPACTTDENTTFTED GAP/NEEDWORK PLANNED
G reater communication and
functionality will increase
situational awareness between Kent
ECC, DOCs, and regional Partners
during and activation/exercise.
Drill, exercises, and activations have
identified gaps ln communications
sharing and the need for uPdated
ECC/DOC equipment and or
supplies.
Purchase lT equipment for
enhancements in functionality and
capability for situational awareness
for the Kent ECC and DePartment
Operating Centers (DOCs).
Purchases may include WlFl
hotspots, printers, routers, etc.
Successful participation, completed
AARs identifying areas for
improvements, and for participants
to be able to better resPond to an
incident/event.
The City's capabilities need to be
tested through activation, exercise,
and training.
Participate in the design, conduct,
and evaluation of a minimum of 1
exercise or real activation to test
parts of the cooP/coG plans as
well as the City's CEMP. Purchases
may include sustenance for
events/exercises and OT for EM
staff
Priority Area ll3
4.11 Emergency Public lnformation and Education
Community Resilience
Long-term Vulnerability Reduction
Sustaining/Maintaining
ANTICIPATED PROJECT IMPACTIDENTIFIED GAP/NEEDWORK PI.ANNED
Larger number of C€RT trained
members in the communitY willlead
to a better prepared CitY that is
ready to respond to and become
more resilient after a disaster,
A known gap is that there are not
enough responders to helP the
community during a maior incident.
With continued training, the City is
building the volunteer database and
becoming a more resilient
community.
Deliver in-person FEMA CommunitY
Response Team (CERT) courses
and/or online training modules at
least once a year to the CitY of Kent,
Covington, Puget Sound ResPonse
Area. Major purchases maY include
manuals, supplies, sustenance for
trainings and Overtime for
instructors.
The more youth and adults that are
trained and have knowledge in
emergency preparedness creates an
engaged community who better
understands their role in the event
of a disaster and how to take care of
themselves, their families and their
neitrhbors.
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, National Night
Out, Kids Safety Day and school/
neighborhood events. Purchases
are promotional items to sPread
Emergency Management messages.
Priority Area #4
,
2
DHS.FEMA.EMPG.FY2l Page 33 of 36 City of Kent EMD, E,22-142
4.9 Training
Operational Coordination
Community Resilience
5ustaininglMainta ining
WORK PLANNED IDENTIFIED GAP/NEED ANTICIPATED PROIECT IMPA T
Conduct training and/or send EM /
ECC staff and EM Volunteers to
career development workshops,
seminars, conferences, and trainings
for emergencY management
Continued training for emergencY
management personnel in
accordance with EMPG Program
requirements.
Fully trained staff and volunteers
who are better able to respond to
the Kent ECC/DOCs in an
incident/event.
7
I
4.4 Opera tional Planning and Procedures
Long-term Vulnerability Reduction
Operational Coordlnation
Sustaining/Mainta ining
WORK PTANNED IDEiITIFIED GAP/NEED ANTICIPATED PROJECT IMPAC'
Purchase MREs and emergency
drinking water. (ltems are tracked
and updated perexPiration date on
a rotating basisl
To maintain sustenance for ECC
staff in the event of a disaster.
Provide allstaffworking during a
major incident with sustainable
food and water.
DHS.FEMA.EMPG.FYzl Page 34 of36 City of Kent EMD,e22'142
Attachment E
TIMELINE
FY 2021 EmerEency Management Performance Grant
DATE TASK
June 1,2021 Grant Agreement Start Date
April3Q,2022 Submit reimbursement request
July 31 ,2022 Submit reimbursement request
September 30,2022 Grant Agreement End Date
November 15,2022 Submit final reimbursement request, final report, training
requirement report, and/or other deliverables.
The Subrecipient must request pqlgg written approval from Department Key Personnel to waive
or extend a due date in the above Timeline.
For waived or extended reimbursements, all allowable costs should be submitted on the next
scheduled reimbursement due date contained in the Timeline,
DHS.FEMA.EMPG.FY2l Page 35 of 36 City of Kent EMD,E22-142
Attachment F
BUDGET
FY 2021Emergen cy Management Performance Grant
2lEMPG AW
sotunot{
ARTA
cts
Oiher
(9
=zzsq.
BUDGEI CATEGORY
Pers &Eenefis
Di
Pers & Fri Eenefi ts
Diem
e5
Consultants
Other
Travel
ns cts
Other
Fri Eenefi ts
s on5
Pers lri
em
Benefi ts
ies
Cons
Other
direct
lndirect Cast Bote on file O.O0% forTime
EMPG AMOUNT MATCH AMOUNT
t7
4t
4 4
s
Period of: N/A
cts
Subtotal S
s
Subtotal S
Subtotal S
Subtotal
7t
UIL(JGlrIxul
I
=zac,F
g
3ctEI
LO
Travel
ctsCons
Other
d
E
...,..9.
TOTAT Grant AFreenre nIAMOUNT: S 7t,o41. s ?t.o4l
The Subrecipient will provide a match of $71,041 of non-federal origin, 5Ao/o ol the total project cost (local
budget plus EMPG award).
Cumulative transfers to budget categories in excess of ten percent (10%) of the GrantAgreement Amount
will not be reimbursed without priorwritten authorization from the Departmeni.
Funding Source: U.S. Department of Homeland Security - Pl# 713PT- EMPG
DHS.FEMA.EMPG.FY21 Page 36 of 36 City of Kenl eMD,E22'142
SIGNATURE AUTHORIZATION FORM
WASHINGTON STATE MILITARY DEPARTMENT
Camp Murray, Washingto n 98430'5122
Please read instructions on reverse side before completino this form.
NAME OF ORGANIZATION
City of Kent - EmergencY Manageent
DATE SUBMITTED
11115121
PROJECT DESC ON
Emergency Management Performance Grant
NUMBER
E22-142
1. AUTHORIZINGAUTHORITY
TITLE/TERM OF OFFICEPRINT OR TYPE NAMESIGNAT
MayorDana Ralph
Fire ChiefMatthew Morris
2. AUTHORIZEDTASIGNCONTMCTS/CONTRACTAMENDMENTS
TITLEPRINT OR TYPE NAMESIGNATURE
MayorDana Ralph
Fire ChiefMatthew Morris
/
3" AUTHORIZED TO SIGN REQUESTS FOR REIMBURSEMENT
TITLEPRINT OR TYPE NAMESIGNATURE
EM SpecialistJennifer Keizer{uu^
EM- Division ChiefJeff DiDonatoflhff/,{
I1HOME\KARENE\.. .iWP\SIGNAUTH Revised 3/03
INSTRUCTIONS FOR SIGNATURE AUTHORIZATION FORM
This form identifies the persons who have the authority to sign contracts, amendments,
and requests for reimbuisement. lt is required for the management of your contract with
the Military Department (MD). Please complete all sections. One copy with original
signatures is to be sent to MD with the signed 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
matches the signature on file. The payment can be delayed if the request is
presented without the proper signature. lt is important that the signatures in MD's files
Lr" cunent. Changes in staffing or responsibilities will require a new signature
authorization form.
1. Authorizing Authority. Generally, the person(s) signing in this box heads
the governing body oflne organization, such as the board chair or mayor. ln
some cases, the chief executive officer may have been delegated this
authoritY.
Z. Authorized to Sign Contracts/Contract Amendments. The person(s) with
this authority shoutd sign in this space. Usually, it is the county
commlssioner, mayor, executive director' city clerk, etc.
3. Authorized to Sign Requests for Reimbursement. Often the executive
director, city clerk, treasurer, or administrative assistant have this authority.
It is adviiable to have more than one person authorized to sign
reimbursement requests. 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.
NAME
Jeff DiDsnato
Doing business as (DBA)
Kent Emergency Management
ADORESS
400 West Gowe Streel#414 Kent, WA 98032
Applicable Procurement
or Solicllation #, lf any:
WA Uniform Business
ldenlifiet {UBl)
173-000-002
Federal Employer Tax
ldenlifrcalion #:
This certllication a9 ofa lo contract.
Washington Military Department Contract l''1Llm6s.' hll-1al
Debarment,Suspension,lneligibilityorvoluntaryExclusion@
lnstructions For Certification Regarding Debarment, Suspension, lneligibility and Voluntary Exclusion-'Lower
Tier Covered Transactions
1. By signing and submitting lhis proposal, the prospective lower tier participani is providing the certification set out
below.
Z. 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 lhe prospective lower tier participant knowingly rendered an
erroneous certification, in addition to other rernedies available to lhe Federal Government the deparlment or agency
with which lhis transaction originate d may pursue available remedies, including suspension and/or debarment'
3. The prospective lower tier paiticipant shiti provide immediate written notice to the department, institution- or office to
wnich tnis proposat 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 lransaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person,
primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning
set ou[ in the Definilions and boveiaga sections of rules implementing Executive order 12549. You may contact lhe
person to which this proposat is submitted for assistance in obtaining a coPy of those regulations.
S. ?n* pto.peclive lower'tier participant agrees by submitting this proposal that, should lhe proposed covered
transaction be entered into, ii shall not knowingly enter into any lower tier covered transaction with a person who is
proposed for debarmenl under the applicable CFR, debarred. suspended, declared ineligible, or voluntarily excluded
irom participation in this covered transaction, unless auihorized by the department or agency with which this
transaction originated.
6. The prospectiie lower tier participant further agrees by submitting this proposal that it will include this clause tilled
"Ceitification Regarding bebarment, Suspension, ineligibility and Voluntary Exclusion-Lower Tier Covered
Transaction,,. with6ut modification, in all lower tier covered lransactions and in all solicitations for lower tier covered
transactions.7. A participant in a covered transaction may rely upon a cerlification of a prospective participant in a lower tier covered
transaction that il is not proposed for deUarment under applicable CFR, debarred, suspended, ineligible, or voluntarily
excluded from covered iransacfions, unless it knows that'the certification is erroneous. A participant may decide the
method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required
to, check the Lisi oi pirties Excluded from Federal Procurement and Non-procurement Programs.
g. Nothing contained in the foregoing shall be construed to require establishment of a syslem of records-in order to
render-in good faith the certifiiatiJn required by this clause, The knowledge and information of a participant is not
required tJexceed that which is normally possessed by a prudent person in lhe ordinary course of business activity'
g. Except for lransaetions authorized undir'paragraph 5 of these instruclions, if a participant in a covered transaclion
knowingly enters into a lower tier covered'tran#ciion with a person who is proposed for debarment under applicable
CFR, sijpended, debarred, ineligible, or voluntadly excluded from participation in this transaction, in addition to other
remedies available to the F-ederai Governrent, thi department or agency with which this lransaction originated may
pursue available remedies, including suspension and/or debarment.
Gertification Regarding Debarment, Suspension, lneligibility and Voluntary Exclusion--Lower Tier
CoverEd Transactions
The prospective lower tier participant certifies, by submission of thls proposal or contract' that neither it nor its
prinJipati is presengy debarred, suspended, pioposeo for debarment, declared ineligible, or voluntarily.excluded
irom participation inirris transaction by any Federal department or agency. Where the prospective- lower tier
participant is unable to certify to any of tf,6 statements in this certification, such prospective participant shall
attach an explanation to this form.
Bidder or Contraclor Signature:
READ CAREFULL Y BEFO RE sl G NING THE contractors and btd ders to slgn and
ablde by the terms of rht s certificatiqn,in cerlaln transactlons di rectly
lndl lnvolvln lederal funds.
Print Name and Tille Jeff Di
Date: 1217n421
Washington Mililary Department Contracl Number: EZI'tal
FEDERAL DEBARMENT, SUSPENSION
INELIGIBILITY and VOLUNTARY EXGLUSION
TFREQU ENTLY ASKED QUESTIONS)
What is "Debarmeni. SuspEnsion. lnelioibilitv. and Voluntarv Exslusion"?
Thesetermsrefertotnithorreceive9rantsfromafederalagency'
ln order to be debarred, suspended, ineligible, or voluntarily exctuded, you must have:
. had a contract or grant with a federal agency, and
o gofle through some process where ttre teOerat agency notified or altempted to notify you that you could not contract
with the federal agency.
. Generally, this process occurs where you, the contractor, are not qualified or are not adequately performing under a
contraei, or have violated a regulation or law pertaining to the contract.
Whv am I required to siql this certificatign?
you are requesling a contract or grant with ifr'e washington Military Departrnent.. Federal law (Executive order 12549\
requires washingion Military Department ensure that persons oi companies that conlract with Washington Military
Departmenl are not prohibited from having federal contracts'
What is, Executive OrCer 12549?
Executive Order 1zs4g refers to Federal Executive order Number 12549. The executive order was signed by the
president and directed federat agencies to ensure that federal agencies, and any state or olher agency receiving federal
funds were not contracting or aiarding grants to person$, orga-nizations, or companies who have been excluded from
pirti.ipaiing in federal coitracts or grints. Federal agencieJhave codified this requirement in their individual agency
Code of Federal Regulations (CFRs)'
What is the puJpose of this certific?tion3.
tote|lWashingtonMilitaryDepartmentinwritingthatyouhavenotbeen
prohibited by federal agencies from entering into a federal contract.
What does the word (ProoOsal, mean when referred.to in this certificalion?
o consider or similar communication from
you to Washinglon Military Department.
What or who is a'ilower tier oarticipant"? :-r- ^--.-^^r ^ ,..i.L at t, .
Cwefiler parli6pants means a person or organization thai submits a proposal, enlef:. into contracts with, or receives a
grant from Washington Military Departmenl, 5R any subcontractor of a contract with Washington Military Deparlment. lf
iou hhe subcontraitors, you s-hould require them to sign a cerlification and keep it with your subcontract.
liVhat is a covered transaction when referred to in this cenificalion?
CoveredTransactionmeansaconlract,orat@l,oranyotherarrangement!vh9qyoucontract
with or receive money from Washington Military Depirtment. bovered Transaction does not include mandatory
entitlements and individual benefils'
Sample Debarment, Suspension, tneligibility, Voluntary Exclusion Contract Provisiolr,
Debarment certification. The contractor certifies that the contractor is not presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participaling in this Contract by any
Federal department or agency. lf requelted by washington Military Department, the contractor shallcomplete
a Certification Regardinj o"6rrreni, suspension, lneligibitity, and Voluntary Exclusion form. Any such form
.o*pl"t"O by the bontrJetor for lhis Contract shall be incorporaled into this Contract by reference'
EXHIBIT B
MEMORANDUM OF UNDERSTANDING
Grant Agreement
EMPG Grant Agreement Number E22'256
MOU, Kent and RFA
EMPG E22-142 and 256
3. Grant Agreement Number:
E22-256
2. Grant Agreement Amount:
$24,231
1. Subrecipient Name and Address:
Kent, CitY of
Emergency Management Division {EMD)
220 4th Ave S
Kent, WA 98032-5838
6. Grant Agreement End Date
December 31, 2022
5. Grant Agreement Start Date:
June'1, 2021
7. Subrecipient Contact, phone/email:
Robert A. Goehring, 253-856-5262
rooehrinq@kentwa.Eov
9. UBI # (slate revenue)
1 73.000.002
8. Data Universal Numbering System (DUNS)
020253613
7. Department Contact, phone/email:
M ichael Alston, 253-51 2-7 083
m i c hael.a lston@m il.wa,go!_--
& Title1
10. Funding AuthoritY:
State MWashi of Homeland
# (formerly
and the U.S.
13. Assistance
21E
"DEPARTM
Award Date1. Federal
16. EtN:
91 -6001 254
15. Program lndex # & OBJ/SUB'OBJ
7I3PA NZ
14. Total Federal Amount:
$2,1 36,034
1 9. Women/Minority-Owned, State
Certified: Xttn nruon vEs OMWBE #
18. Service Area bY CountY(ies)
King
17. Service Districts:
(BY LEGISLATIVE 11 47DISTRI33,CT):
9ISTRESSIONGRALNDco
21. Contract TYPe (check all that. fl Contract X G
applv)
ranl
39.34rn
X Agreement!
20. Agreement Classification:
i Personal Services f] Client Services X Public/Local Gov't
E Research/Development Enre n
23. Subrecipient Type (check all that applv)
Bidd ng&Competiiiveallwho"To apply qualify"
NE RCW N/ASouSolerce
YES n NOAdvertised?M?w/OFFiled
X Public organ ization/Jurisdiction
D N&24.PU Act PGEMAmntRescueeflcanPlanGra121PerformancentYear2021theofrscaManagemeEmergencyFThe(FY)purpose
(Agency FEMA)cyEmergen Management.s.ofrtment SecurityHomeland (DHS)/FederaltstoUdeDepaprogramARPA}provi
hazardsall throughforlnndtribalrritoritepreparinglocal,dl,governmentstostostatesstasslstateawardFederalfund
Plan.WorkdescribedasthetnthoseoftamsinmentenndhancementsustaProg .EP-Gra No.nt EMS-2021AwaDHSLetterrdfor21the.ARPAEMPGPasandsEofthetsntity.throughTheDepartmentRecipient tofundsawardsuofbawardFederalenthmanchasdmadeheretohedAttacasndanattacwhisichincorporated00008-s01 fundsuseforawardofFederalthetorecttsentaccountablesTheubDepartmentntthistoprstheAgreement.ub recrpre pursuant
funds.
Selection Process22.n Private Organization/lndividual
OTHER
n For-Profitn Non-Profit
precedence in the following order:
1. Applicable Federal and State Statutes and Regulations
2. DHS/FEMA Award and program documents
shall be resolved bY givingothenruise provided herein, the inconsistencyln the event of an inconsistency in this Agreem ent, unless
Work and of the
4. Special Terms and Conditions
5. General Terms and Conditions, and,
6. Oth
Washington State Military Department
BOILERPLATE APPROVED AS TO FORM:
Dawn C. Cortez [August 10,20211
Assistant Attorney General
Date
Date
1
Regan Anne Hesse,Chief Financial Officer
DE
ast specified belowhereto have executed this Agreement on the day and year
Review
FOR THE SUBRECIPIENT:
WHEREAS, thc
3t212022
Date Signature
Dana
TO FORM (if aPPlicable):
Matthew Morris, Fire Chief
Puget Sound Fire Regional Authority
Washin gton State Military Department
EME MANAGEMENT ERFORMANCE NT AME E PLAN ACT REEMENT SHEET
DHS-FEMA-EMPG-ARPA-FY21 Page 1 of 35 City of Kent EMD, E22'256
Attachment A
SPECIAL TERMS AND CONDITIONS
ARTICLE I. KEY PERSONNEL
ffrJ inOiviOuals listed Eelo* shall be considered key personnel for point of contact under this Agreement. Any
iuUsliiution oi LJV perloinet nV eitrrer party stratt Ue rirade by writteh notification to the current key personnel.
SUBRECIPIENT DEPARTMENT
Name Robert A. Goehring Name MichaelAlston
Title Citv Auditor Title ram Goordinator
Email rqoehrinq@kentwa.gov Email M ov
Phone 253-856-5262 Phone 253-512-7083
Name Matthew Morris Name Tirzah Kincheloe
Title Fire Ghief Title ram Ma
Email mlmorris@pugetsoundfire. org Email tizah.k il.OV
Phone 253-856-43{1 Phone 253-512-7456
Name DiDonato Name Courtnev Bemus
Title EM Division Chief Title ram Assistant
Email ididonato@puqetsoundfire.org Email ov
Phone 253-856-4345 Phone 253-316-6438
Name Jennifer Keizer Name
Title EM Program Coordinator Title
Email id keizer@pugetsou n dfi re.org Email
Phone 253-856-4342 Phone
Name Paula Painter Name
Title Finance Director Title
Email ppainter@kentwa.gov Email
Phone 253-856-5260 Phone
ARTICLE II. ADMINISTRATIVE AND/OR FINANCIAL REQUIREMENTS
The Subrecipient shall comply with all applicable state and federal laws, rules, regulations, requirem.ents and
program guidance identified or referenced in this Agreement and the informational documents published by
bHSfgfrrfin applicable to the 21EMPG-ARPA Program, including, but not limited to, all criteria, restrictions, and
requirements'of lhe Department of Hometand Security (DHS) Notice of Funding Oppoftunity ryOFO) Fiscal
year (Fy) 2021 Emergency Management Pertormance Grant (EMPG) docum-ent, lhe FEMA Preparedness
Grants Manualdocumint (t[re Manual), the DHS Award Letterfor Grant No. EMS-2021-EP'00008-S07, and the
federal regulations commonly applicable to DHS/FEMA grants, allof which are incorporated herein by reference'
The DHS A ward Letter is incorporated in this Agreement as Attachment C.
The Subrecipient acknowledges that since this Agreement involves federal award funding, the performance
period may begin prior to thJavailability of appropriated federal funds. The Subrecipient agrees that it will not
irold the bepirtment, the state of Washingion, or the United States liable for any damages, claim for
reimbursement, or any type of payment whitsoever for services performed under this Agreement prior to
distribution of appropriited'federal funds, or if federal funds are not appropriated or in a particular amount.
A. STATE AND FEDERAL REQUIREMENTS FOR DHS/FEMA PREPAREDNESS GMNTS:
The following requirements apply to all DHS/FEMA Preparedness Grants administered by the
Department.
1. SUBAWARDS & CONTRACTS BY SUBRECIPIENT
a. The Subrecipient must make a case-by-case determination whether each agreement it
makes for the disbursement of 21EMPG-ARPA funds received under this Agreement
casts the party receiving the funds in the role of a subrecipient or contractor in accordance
with 2 CFR 200.331.
b. lf the Subrecipient becomes a pass{hrough entity by making a subaward to a non-federal
entity as its subreciPient:
DHS-FEMA-EMPG-ARPA-FY21 Page 2 of 35 City of Kent EMD' E22-256
2.
i. The Subrecipient must comply with allfederal laws and regulations applicable to
pass-through entities of 21EMPG-ARPA funds, including, but not limited to,
those contained in 2 CFR 200.
ii. The Subrecipient shall require its subrecipient(s) to comply with all applicable
state and federal laws, rules, regulations, requirements, and program guidance
identified or referenced in this Agreement and the informational documents
published by DHS/FEMA applicable to the 21EMPG-ARPA Program, including,
but not limitbd to, all criteria, restrictions, and requirements of Ifie Deparlment
of Homeland Security (DHS) Notice of Funding Oppoftunity (NOFO) FiscalYear
(Fy) 2021 Emergency'Management Performance Grant (EMP! document, the
Manual, the DHS Award Letter for Grant No. EMS-2021-EP-00008-S0I in
Attachment C, and the federal regulations commonly applicable to DHS/FEMA
grants.
iii. The Subrecipient shall be responsible to the Department for ensuring that all
21EMpG-AiPA federal award funds provided 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 Attachment C of this Agreement'
BUDGET, REIMBURSEMENT, AND TIMELINE
a. Within the total Grant Agreement Amount, travel, subcontracts, salaries, benefits, printing,
equipment, and other g-oods and services or other budget categories will be reimbursed
on an actual cost basiJupon completion unless othenryise provided in this Agreement.
b. The maximum amount of all reimbursement requests permitted to be submitted under this
Agreement, including the final reimbursement request, is limited to and shall not exceed
the total Grant Agreement Amount.
c. lf the Subrecipient chooses to include indirect costs within the Budget (Attachment F),
additionaldocumentation is required based on the applicable situation' As described in 2
CFR 200.414 and Appendix Vll to 2 CFR 200:
i. lf the Subrecipient receives direct funding from any Federal agency(ies),
documentation of the rate must be submitted to the Department Key Personnel
per the following:
A. More than $35 million, the approved indirect cost rate agreement
negotiated with its federal cognizant agency.
B. Less than $35 million, the indirect cost proposal developed in accordance
with Appendix Vll of 2 GFR 200 requirements.
ii. lf the Subrecipient does not receive direct federalfunds (i.e., only receives funds
as a subrecipient), the Subrecipient must either elect to charge a de minimus
rate of ten percent (10%) or 1Oo/o of modified total direct costs or choose to
negotiate a higher rate with the Department. lf the latter is preferred, the
Subrecipient must contact Department Key Personnel for approval steps.
d. For travel costs, the Subrecipient shall comply with 2 CFR 200.475 and should consult
their internal policies, state rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as
now existing or amended, and federal maximum rates set forth at h!!Bg//$AS{gSAgg,
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
Reimbursement Spreadsheet (in the format provided by the Department) detailing the
expenditures for which reimbursement is sought. Reimbursement requests must be
submittedto@nolaterthantheduedateslistedwithinthe
Timeline (Attachment E).
DHS-F EMA-EM PG-ARPA-FYz1 Page 3 of 35 City of Kent EMD, E22-256
3
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 maintained by the Subrecipient consistent with record retention
requirements of this Agreement and be made available upon request by the Department
and auditors.
g. The Subrecipient must request prior written approval from Department Key Personnelto
waive or extend a due date in the Timeline (Attachment E). For waived or extended
reimbursements, all allowable costs should be submitted on the next scheduled
reimbursement due date contained in the Timeline. Waiving or missing deadlines serves
as an indicator for assessing an agency's level of risk of noncompliance with the
regulations, requirements, and the terms and conditions of the Agreement and may
inJrease required monitoring activities. Any request for a waiver or extension of a due date
in the Timeline will be treated as a request for Amendment of the Agreement. This request
must be submitted to the Department Key Personnel sufficiently in advance of the due
date to provide adequate time for Depailment review and consideration and may be
granted or denied within the Department's sole discretion.
h. All work under this Agreement must end on or before the Grant Agreement End Date, and
the final reimbursement request must be submitted to the Department within fofiy-five (45)
days after the Grant Agreement End Date, except as otherwise authorized by either (1)
written amendment of this Agreement or (2) written notification from the Department to the
Subrecipient to provide addiiional time for completion of the Subrecipient's project(s).
i. No costs for purchases of equipmenUsupplies will be reimbursed until the related
equipment/supplies have been received by the Subrecipient, its contractor, or any non-
federal entity io which the Subrecipient makes a subaward and is invoiced by the vendor.
j. Failure to submit timely, accurate, and complete reports and reimbursement requests as
required by this Agreement (including, but not limited to, those reports in the Timeline) will
prohibit the Subracipient from being reimbursed until such reports and reimbursement
requests are submitted and the Department has had reasonable time to conduct its review.
k. Final reimbursement requests will not be approved for payment until the Subrecipient is
current with all reporting requirements contained in this Agreement.
l. A written amendment will be required if the Subrecipient expects cumulative transfers to
approved, direct budget categories, as identified in the Budget (Attachment F), to exceed
ten percent (10Y") of the Grant Agreement Amount. Any changes to budget category totals
not in compiiance with this paragraph will not be reimbursed without approval from the
Department.
m. Subrecipients shall only use federal award funds under this Agreement to supplement
existing funds and will nbt use them to replace (supplant) non-federal.fundg that have been
budgeied for the same purpose. The Subrecipient may be required to demonstrate and
document that a reduction in non-federat resources occurred for reasons other than the
receipt or expected receipt of federal funds.
REPORTINGa. With each reimbursement request, the Subrecipient shall report how the expenditures, for
which reimbursement is sought, relate to the Work Plan (Attachment D) activities in the
format provided by the Department.
b. With the final reimbursement request, the Subrecipient shall submit to the Department Key
personnel a final report describing all completed activities under this Agreement.
c. ln conjunction with the final report, the Subrecipient shall submit a separate report detailing
how the EMPG Training requirements were met for all personnel funded by federal or
matching funds under this Agreement.
DHS-FEMA.EM PG-ARPA-FY2 1 Page 4 of 35 City of Kent EMD, E22-256
d. The Subrecipient shall comply with the Federal Funding Accountability and Transparency
Act (FFATAj and related OMB Guidance consistent with Public Law 109-282 as amended
by section AZOZ(a) of Public Law 110-252 (see 31 U.S.C 6101 note) and complete and
retrrn 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. The
Department's Coniracts Office will request the Subrecipient submit an updated form at the
beginning of each calendar year in which the Subrecipient has an active agreement.
e. The Subrecipient shall participate in the State's annual Stakeholder Preparedness Review
(SpR), Threat and Hazard ld.entification and Risk Assessment (THIRA), core capabilities
"ssessr"nts,
and data calls. Non-participation may result in withholding of funding under
future grant years.
4. EQUIPMENT AND SUPPLY MANAGEMENT
a. The Subrecipient and any non-federal entity to which the Subrecipient makes a subaward
shall complywith 2 CFR 200.317 through 200.327, and all Washington State procurement
statutes, when procuring any equipment or supplies under this Agreement, 2 CFR 200.31 3
for management of equipment, and 2 CFR 200.314 tor management of supplies, to
include, but not limited to:
i. Upon successful completion of the terms of this Agreement, all eq_uipment and
supplies purchased through this Agreement will be owned by the Subrecipient,
or a recognized non-federal entity to which the Subrecipient has made a
subaward,lor which a contract, Subrecipient grant agreement, or other means
of legal transfer of ownership is in place.
ii. All equipment, and supplies as applicable, purchased under this Agreement will
be recorded and maintained in the subrecipient's inventory system.
iii. lnventory system records shall include:
A. DescriPtion of the ProPedY
B. Manufacturer's serial number, or other identification number
C. Funding source for the property, including the FederalAward ldentification
Number (FAIN)
D. Assistance Listings Number (formerly CFDA Number)
E. Who holds the title
F. Acquisition date
G. Cost of the properly and the percentage of federal participation in the cost
H. Location, use, and condition of the property 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 supplies
as applicable, and reconcile the results with the property records at least once
every two years. Any differences between quantities determined by the physical
inspection and those shown in lhe records shall be investigated by the
Subrecipient to determine the cause of the difference. The Subrecipient shall, in
connection with the inventory, verify the existence, current utilization, and
continued need for the equiPment.
v. The Subrecipient shall be responsible for any and all operational and
maintenance expenses and for the safe operation of their equipment and supplies
including all questions of liability. The Subrecipient shall develop appropriate
maintenance schedules and procedures to ensure the equipment, and supplies
as applicable, are well maintained and kept in good operating condition.
DHS-FEMA-EMPG-ARPA-FY21 Page 5 of 35 City of Kent EMD' E22'256
b
c.
vi. The Subrecipient shall develop a control system to ensure adequate safeguards
to prevent loss, damage, and theft of the property. Any loss, damage, ortheft shall
be investigated, and 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 must be 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
award are no longer needed for the original project or program or for other
activities currently or previously supported by a federal awarding agency, the
Subrecipient must comply with the following procedures:
A. For Supplies: lf there is a residual inventory of unused supplies exceeding
$S,O0O in total aggregate value upon termination or completion of the
project or programlnU ttre supplies are not needed for any other federal
award, the Subrecipient must retain the supplies for use on other activities
or sellthem, but must, in either case, compensate the federalgovernment
for its share. The amount 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
be retained, sold, transferred, or otherwise disposed of with no further
obligation to the federal awarding agency.
2) ltems with a current per-unit fair-market value in excess of $5,000
may be retained or sold. The subrecipient shall compensate the
fedLral awarding agency in accordance with the requirements of 2
cFR 200.313 (e) (2).
ix. Records for equipment shall be retained by the Subrecipient for a period of six
years from the date of the disposition, replacement, or transfer. lf any litigation,
Llaim, or audit is started before the expiration of the six-year period, the records
shall be retained by the Subrecipient until all litigation, claims, or audit findings
involving the records have been resolved.
The Subrecipient shallcomply with the Department's Purchase Review Process, which is
incorporated' by reference and made part of this Agreement. No reimbursement will be
provided unless the appropriate approval has been received-
Allowable categories for the EMPG Program are listed on the Authorized Equipment List
(AEL) located- on the FEMA website at httos://vsrvw.fefna.oov{grants/ouidance;
ioolJauthorized-equipmentjist. lt is important that the Subrecipient and any non-federal
ntmakesasubawardregardtheAELasanauthorized
purc'hasing list identifying items allowed under the specific grant program 1n{ includes
items thathay not be cai-egorized as equipment according to the federal, state, local, and
tribal definitions of equipnient. The Subrecipient is solely responsible for ensuring and
documenting purchased items under this Agreement are authorized as allowed items by
the AEL at time of Purchase.
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.
Unless expressly provided otherwise, all equipment must meet all mandatory regulatory
and/or OfiSfgVtn adopted standards to be eligible for purchase using federalawardd
funds
D H S-FEMA.EM PG.ARPA-FY2 1 Page 6 of 35 City of Kent EMD,E22-256
e. lf funding is allocated to emergency communications, the Subrecipient must ensure that
.fr ptol"itr comply with SAFECOTU ouioance on Emergency Communications Grants
ensuring the inveitments are compatible, interoperable, resilient, and support national
goals and objectives for improving emergency communications.
f. Effective August 13,2020, FEMA recipients and subrecipients, as well as their contractors
and subcontiactors, may not obligate or expend any FEMA award funds to:
i. procure or obtain any equipment, system, or service that uses covered
telecommunications equipment or services as a substantial or essential
component of any system, or as critical technology of any system;
ii. Enter into, extend, or renew a contract to procure or obtain any equipment,
system, or service that uses covered telecommunications equipment or services
ai a substantial or essential component of any system, or as critical technology
of anY sYstem; or
iii. Enter into, extend, or renew contracts with entities that use covered
telecommunications equipment or services as a substantial or essential
component of any system, or as critical technology as part of any system'
This prohibition regarding certain telecommunications and video surveillance services or
equipment is mandated by section 889 of the John S. McCain National Defense
Authorization Act for Fiscai Year 2019 (FY 2019 NDAA), Pub. L. No' 115-232 (2018)-
Recipients and subrecipients may use DHS/FEMA grant funding to procure replacement
equipment and services impacted by this prohibition, provided the costs are othenrvise
consistent with the requirements of the Manual and applicable NOFO'
Per section 889(0(2)-(3) of the FY 2019 NDM, and 2 CFR 200'216, covered
telecommunications equipment or services means:
i. Telecommunications equipment produced by HuaweiTechnologies Company or
ZTE Corporation, (or any subsidiary or affiliate of such entities);
ii. For the purpose of public safety, security of government facilities, physical
security
'surveillance of critical infrastructure, and other national security
purposes, video surveillance and telecommunications equipment produced by
ifyt'"ra Communications Corporation, Hangzhou Hikvision Digital Technology
Cbmpany, or Dahua Technology Company (or any subsidiary or affiliate of such
entities);
iii. Telecommunications or video surveillance services provided by such entities or
using such equiPment; or
iv. Telecommunications or video surveillance equipment or services produced or
provided by an entity that the Secretary of Defense, in consultation with the
Director of National lntelligence or the Director of the Federal Bureau of
lnvestigation, reasonably b-lieves to be an entity owned or controlled by, or
otherwise connected to, the government of a covered foreign country'
g. The Subrecipient must pass through equipment and supply management re.quirements
that meet or exceed the requirements outiined above to any non-federal entity to which
the Subrecipient makes a subaward under this Agreement'
5. ENVIRONMENTAL AND HISTORICAL PRESERVATION
a. The Subrecipient shall ensure full compliance with the DHS/FEMA Environmental
planning and Historic Preservation (EHP) program. EHP program information can be
rounJ s[ httos:/rirnrrnnr.fema,oov/orants/ouidancetools/environmental-historic all of which
are incorporated in and made a part of this Agreement'
b. projects that have historical impacts or the potential to impact the environment, including,
but not limited to, construction of communication towers; modification or renovation of
existing buildings, structures and facilities; or new construction including replacement of
DHS.FEMA-EMPG.ARPA-FY21 PAgC 7 Of 35 CitY Of KENI EMD' E22-256
6
facilities, must participate in the DHS/FEMA EHP review process prior to initiation.
Modification of existing buildings, including minimally invasive improvements such as
attaching monitors to interior wllls, and training or exercises occurring outside in areas
not considered previously disturbed, also require a DHS/FEMA EHP review before project
initiation.
c. The EHP review process involves the submission of a detailed project description that
includes the entire scope of work, including any alternatives that may be under
consideration, along with supporting documentation so FEMA may determine whether the
proposed project lias the iitential to impact environmental resources and/or historic
propedies.
d. The Subrecipient agrees that to receive any federal preparedness funding, atl EHP
compliance requirerients outlined in applicable guidance must be met. The EHP review
process must be completed and FEMA approval received by the Subrecipient before
any work is started for which reimbursement will be later requested. Expenditures.for
proiects started before completion of the EHP review process and receipt of approval by
the Subrecipient will not be reimbursed.
PROCUREMENTa. The Subrecipient shall comply with all procurement requirements of 2 CFR Part 200.317
through 2OO'3ZT and as speiifieO in the General Terms and Conditions (Attachment B,
A.10).
b. For all sole source contracts expected to exceed $25O,OOO, the Subrecipient must submit
to the Department for pre-procurement review and approval the procurement documents,
such as requests for proposals, invitations for bids and independent cost estimates' This
requiremeni must be passed on to any non-federalentity to which the Subrecipient makes
a subaward, at which point the Subrecipient will be responsible for reviewing and
approving sole source justifications of any non-federal entity to which the Subrecipient
makes a subaward.
SUBRECIPIENT MONITORI NG
a. The Department will monitor the activities of the Subrecipient from award to closeout' The
goal of the Department's monitoring activities will.be to ensure that agencies receiving
iederal pass-through funds are in cohpliance with this Agreement, federal and state audit
requirements, fedlral 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 requirementq the 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. The Depariment's Contracts Office will request the Subrecipient submit an
ufOat"a form at the beginning of each calendar year in which the Subrecipient has an
active agreement.
c. Monitoring activities may include, but are not limited to:
i. Review of financial and performance reports
ii. Monitoring and documenting the completion of Agreement deliverables
iii. Documentation of phone calls, meetings (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. Observation and documentation of Agreement related activities, such as
exercises, training, events, and equipment demonstrations
7
DHS-FEMA.EM PG-ARPA- FY2 1 Page I of 35 City of Kent EMD,E22'256
8.
I
vi. On-site visits to review equipment records and inventories, to verify source
documentation for reimbursement requests and performance reports, and to verify
comPletion of deliverables.
d. The Subrecipient is required to meet or exceed the monitoring activities, as outlined
above, for any non-fedeial entity to which the Subrecipient makes a subaward as a pass-
through entity under this Agreement.
e. Compliance will be monitored throughout the performance period to assess risk. Concerns
will be addressed through a Corrective Action Plan'
L|M|TED ENGLISH PROFICIENCY (CIUL RIGHTS ACT OF 1964 TITLE Vl)
a. The Subrecipient must compiy with the Title Vl of the Civil Rights Act of 1964 (Title Vl)
prohibition against discriminaiion on the basis of national origin, which requires that
bubrecipients- of federal financial assistance take reasonable steps to provide meaningful
access to persons with limited English proficiency (!fe1 to their programs and services.
providing meaningful access foi persons with LEP may entail .providing language
assistance serviceE, including oral interpretation and written translation. Executive Order
13166, lmproving Access to Services for Persons with Limited English Proficiency (August
11, 2OOO), t"qrilr". federal agencies to issue guidance to recipients, assisting such
organizations and entities in understanding their language, ?9ce_ss. obligationl DHS
puili.6"O the required recipient guidance -in April 2011, DHS Guidance to Federal
Financial Assistance Recipients Regarding Title Vl Prohibition Against National Origin
Discrimination Affecting Limited fngiistr Proficient Persons, 76 Fed. Reg. 21755-21768,
(April 18, ZO11). The CuiOance provides helpful information such as how a recipient can
deiermine the extent of its obligation to provide language services, selecting language
services, and elements of an effective plan on language assistance.for LEP persons. For
additional assistance and information regarding language access obligations, please refer
to the DHS Recipient Guidance it httos:/ nnrvw.dhs,qov/ouidan:cqpubliqheLhelp:
departmeEt supported-orqanizations-provide.meaninoful'access-people-limited and
iaoitionat resou rces o n httos://www. lep.qov.
NIMS COMPLIANCE
a. The National Incident Management System (NIMS) identifies concepts and principles that
answer how to manage emergencies from preparedness to recovery regardless of their
cause, size, location, 5r compl6xity. NIMS provides a consistent, nationwide approach and
vocabulary for multiple agencies-or jurisdictions to work together to build, sustain, and
deliver the core capabilities needed to achieve a secure and resilient nation.
b. Consistent implementation of NIMS provides a solid foundation across jurisdictions and
disciplines to ensure effective and integrated preparedness, planning, and response.
NIMS empowers the components of the NationaL Preparedness System, a requirement of
presidential policy Directive 8, to guide activities within the public and private sector and
describes the plinning, organizJtional activities, equipping, training, and exercising
needed to build and suitain ihe core capabilities in support of the National Preparedness
Goal.
c. fn order to receive FY 2021 federal preparedness funding, to include EMPG, the
Subrecipient will ensure all NIMS objectives have been initiated and/or are in progress
toward completion. NIMS lmplementation Objectives are.. located at
httos://wrpw.fema.oovlsites/deJaulUfiles/2020-07/fema nims implementation:obiectives-
20180530.Pdf.
D HS-FEMA-EM PG-ARPA-FY21 Page 9 of 35 City of Kent EMD, E22-256
B.
c
EMPG PROGRAM SPECIFIC REQUIREMENTS
The Department receives EMPG funding from DHS/FEMA, to assist state, local, and tribal governments
to enhance and sustain all-hazards emergency management capabilities as authorized by Robert T.
Statford Disaster Relief and Emergency Aisistance Act, as amended (42 U.S'C. SS 5121 et seq') and
Section 662 of the Post Katrina Emergency Management Act (6 U.S.C' S 762).
A portion of the 21EMpG-ARpA is passed through to local jurisdictions and tribes with emergency
management programs to supplement their local/tribal operating budgets to help sustain and enhance
emergency management capabilities pursuant to Washington Administrative Code (WAC) 118-09'
a. The Subrecipient shall use the EMPG funds authorized under this Agreement only to perform
tasks as described in the Work Plan of the Subrecipient's application for funding, as approved by
the Department and incorporated into this Agreement.
b. Funding may not be used to replace or supplant existing local or tribal government funding of
emergency management Programs.
c. The Subrecipient shal provide a fifty percent cash match of non-federal origin. The Federalshare
applied toward the EMFG budget ihall not exceed fifty percent of the total budget as submitted
and approved in the application and documented in the Budgel (Attachment F)' To meet matching
requirements, the Subrecipient's cash matching contributions must be verifiable, reasonable,
allowable, allocable, and necessary under the giant program and must comply with all Federal
requirements and regulations, inciuding, but not limited to, 2 CFR Part 200. An appropriate
mechanism must be in place to capture, track, and document matching funds' ln the final report,
the Subrecipient shall identify how the match was met and documented.
d. Subrecipients shall participate in the State's annual lntegrated Preparedness Planning Workshop
(lppry. Non-participation may result in withholding of funding under future grant years.
e. lf funding is allocated to non-DHS FEMA training, the Subrecipient must request prior approval
from thebepartment Key Personnel before attending the training. The Departmentwill coordinate
approval wiitr ttre State Training Point of Contact. . lf funding is allocated to non-DHS FEMA
training, the Subrecipient must request prior approval from the Department Key Personnel prior
to atte-nding training. The Department will coordinate approval with the State Training Point of
Contact. pursuant to DHS/FEMA Grant Programs Directorate lnformation Bulletin No. 432,
Review and Approval Requirements for Training Courses Funded Through Preparedness Grants,
Fl trinrl 7 {O 4a ndf the training must fall within
the FEMA mission sco
requirement only appl
Furthermore, addition
pe and be included in the Subrecipient'
ies to training courses and does not i
al federal approvals are required for
s Emergency Operations Plan. This
nclude attendance at conferences'
courses that relate to Countering
Violent Extremism prior to attendance.
All personnel funded in any part through federal award or matching funds under this Agreement
shall complete and record proof of completion of:
NIMS training requirements outlined in the NIMS Training Program located at
https://rrrniwrr.dma.oov/pdf/emerqencvlnimg/nims trainino ,prooram.pdf (to include ICS-
i oo, tcs-zoo, ls-700, and ls-800 for most personnel) and
Either (1) the FEMA Professional Development Series lS-'120, lS-230, l5-235, l5-240, lS-
241, ld-242, and l5-244 , or (2) the National Emergency Management Basic Academy.
The Subrecipient will report training course completion by individual personnel along with the final
report.
DHS TERMS AND CONDITIONS
As a Subrecipient of 21 EMpG-ARPA funding, the Subrecipient shall comply with all applicable DHS terms
and conditions of the 21EMPG-ARPA Awaid Letter and its incorporated documents for DHS Grant N9.
EMS-2021-EP-OOOO8-S01, which are incorporated and'made a part of this Agreement as Attachment C.
f
il
DH S-F EMA-EM PG-ARPA-FY2 1 Page 10 of35 City of Kent EMD,E22-256
A.1
A.2
A.3
Attachment B
Washington State Military Department
GENERAL TERMS AND CONDITIONS
Department of Homeland Security (DHS/
Federal Emergency Management Agency (FEMA)
Grants
DEFINITIONS rlria aaraamanr rha rorrns rivill have fhe lefined in 2 cFR 2ooAs used throughout this Agreement, the terms will have the same meanlng as (
SrOprrt n (whictr is incorpoirated herein by reference), except as otherwise set forth below:
a. "Agreement" means this Grant Agreement.
b. ,,Departmenf' means the Washington State Military Department, as a state agencYr any division,
se"iion, office, unit or other entity ittne Oepartmeni, or any of the officers o.r other officials lawfully
representing that Department. irre Depariment is a recipient of a federal award directly from a
federal awarding agency and is the pass-through entity making a subaward to a Subrecipient
under this Agreement.
c. ,,lnvestment" means the grant application submitted by the Subrecipient describing the project(s)
forwhich federalfunding ii soughi and provided underthis this Agreement. Such grant application
is hereby incorporated into this Agreement by reference'
d. ,,Monitoring Activities" means all administrative, financial, or other review activities that are
conducted to ensure compliance with all state and federal laws, rules, regulations, authorities,
and policies.
e. ,,stakeholders preparedness Report (SPR)" The SPR is an annualthree-step self-assessment
of a community's capability levels based on the capability targets identified in the THIRA'
f, ,,subrecipient" when capitalized is primarily used throughout this Agreement in reference to the
non-federal entity identified on the Face Sheet of this Agreement that has received a subaward
from the Department. However, the definition of "subrecipient" is the same as in 2 CFR 200.1 for
allother Purposes.
g. ,,Threat and Hazard ldentification and Risk Assessment (THIRA)" The.TH|RA is a three-step
risk assessment. The THIRA helps communities understand their'risks and determine the level of
capability they need in order to address those risks. The outputs from this process lay the
foundation foidetermining a community's capability gaps during the SPR process.
ADVANCE PAYMENTS PROHIBITED
tsinadvanceorinanticipationofgoodsorservicestobeprovided
under this Agreement. Subrecipient srrall not invoice the Department in advance of delivery and invoicing
of such goods or services.
AMENDMENTS AND MODIFICATIONS ,.I:Z!_.A:._ ^t IL'ayrequest'inwriting,anamendmentormodificationofthis
Agreement. However, such amendmeni or 'modification shall not be binding, take effect or be
inlorporated herein until made in writing and signed by the authorized representatives of the Department
and the Subrecipient. No other understandingi or agreements, written or oral, shall be binding on the
parties.
The Agreement performance period shall only be extended by (1) written notification of DHS/FEMA
approv-al of the Award performance period, followed up with a mutually agreed written amendment, or (2)
written notification from the Department to the Subrecipient to provide additional time for completion of
the Su brecipient's Project(s).
A.4 ta It
35.
Th-e Subrecipient must comply with the ADA, which provides comprehensive civil rights protection to
individuals with disabilities in the areas of employment, public accommodations, state and local
government services, and telecommunication'
DH S-FEMA-EM PG.ARPA.FY2 1 Page 11 of35 City of Kent EMD,E22-256
A.5
4.6
4.7
A.8
ASSURANCES
The dpartment and Subrecipient agree that all activity pursuant to this Agreement will be in accordance
with allihe applicable current federal, state and local laws, rules and regulations.
CERTIFICATION REGARDING DEBARMENT, SUSPFN.SION. OR I NEblGlHl L!T.Y
As federal funds ar ment, the Subrecipient certifies that the Subrecipient is not
presenly debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participating in this Agreement by any federal department or agency'
The Subrecipient shall complete, sign, and return a Ceftification Regarding Debarmenf, Suspension,
lneligibitity, and Voluntary Exclusionform located at h$ps://mil.wa,gov/requirqdgr.antforms. Any such form
com!t"t"o'ny the Subreiipient for this Agreement shall be incorporated into this Agreement by reference.
Further, the Subrecipient agrees to comply with all applicable federal regulations concerning the federal
debarment and suspensionlystem, including 2 CFR Part 180. The Subrecipient certifies that it will ensure
that potential contractors oi subrecipients or any of their principals are not debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in "covered
iransactions" by any federal department or agency. "Covered transactions" include procurement
contracts for goods or services awarded under a non-procurement transaction (e.9. grant or cooperative
agreement) t6at are expected to equal or exceed $25,000, and subawards to Subrecipients for any
airount. With respect to covered transactions, the Subrecipient may comply with this provision by
obtaining a certification statement from the potential contractor or subrecipient or by checking the System
for Award Management (https://sam.qov/SAMD maintained by the federal government. The Subrecipient
also agrees not-to entei rnto any arrangements or contracts with any party on the Washington State
Depart-ment of Labor and tndustries' "Debarred Contractor L,sf'
(https://secure.lni.wa.qovldebarandstrike/ContractorDebarList.aspx). The Subrecipient also agrees noi
tcontractsforthepurchaseofgoodsandserviceswithanypartyonthe
Department of EntJrprise Services' Debarred Vendor Lrsf thttps://w!rno.des.wa.qov/services/contractino'
purchasinq/doing,business-state/vendor-debarment).
CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING
ierrtnerebycertifiesthattothebestofitsknowledgeand
belief: (1) no federally appropriated funds have been paid or will be paid by or on behalf of the
Subrecipient to any peison for influencing or attempting to influence an officer or employee of an agency,
a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress
in connection with the awarding of any federal contract, the making of any federal grant, the making of
any federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any fedeial contract, grant, loan, or cooperative agreement; (2)
that if any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer orlmployee of bongress, or an employee of a Member of Congress in connection with this
Agreement, grant, loan, or cooperative agreement, the Subrecipient will complete and submit Standard
F6rm-LLL, "-Disclosure Form to Report Lobbying," in accordance with its instructions; (3) and that, as
applicable, the Subrecipient will require that the language of this certification be included in the award
dotuments for all subawards at alltiers (including subcontracts, subgrants, and contracts under grants,
loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly. This
ceptification is a material iepresentation of fact upon which reliance was placed when this transaction was
made or entered into and is a prerequisite for making or entering into this transaction imposed by section
1352, title 31, U.S. Code.
The Subrecipient and all its contractors and subrecipie nts shall comply with, and the Department is not
responsible for d etermining compliance with, any and all appli cable federal, state, and local laws,
regulations, executive orders, OMB Circulars, and/or policies. This obligation includes, but is not limited
to: nondiscrimination laws and/or policies, Energy Policy and Conservation Act (PL 94-163, as amended),
the Americans with Disabilities Act (ADA), Age Discrimination Act of 1975,Title Vl of the Civil Rights Act
of 1964, Civil Rights Act of 1968, the Robert T. Stafford Disaster Relief and Emergency Assistance Act,
(PL 93-288, as amen ded), Ethics in Public Service (RCW42.52), Covenant Ag ainst Contingent Fees (48
CFR Section 52.203-5),Public Records Act (RCW 42.56), Prevailing Wages on Public Works (RCW
39.12), State Environme ntal Policy Act (RCW43.21Cl, Shoreline Management Act of 1971(RCW90.58),
DHS.F EMA-EM PG-ARPA-FY2'I Page 12 of 35 City of Kent EMD, E22-256
State Building Code (RCW 19.27), Energy Related Building Standards (RCW 19.27A), Provisions in
Buildings for Aged and Handicapped Persons (RCW 70.92), and safety and health regulations.
ln the event of noncompliance or refusalto comply with any applicable law, regulation, executive order,
OMB Circular or policy by the Subrecipient, its contractors or subrecipients, the Department may rescind,
cancel, or terminate-the Agreemeni in whole or in part in its sole discretion. The Subrecipient is
responsible for all costs or liaUility arising from its failure, and that of its contractors and subrecipients, to
comply with applicable laws, regulations, executive orders, OMB Circulars or policies.
A.9 CONFLICT OF INTEREST
No officer orfipfoy"e of the Department; no member, officer, or employee of the Subrecipient or its
designees or agen[s; no member of the governing body of the jurisdiction in which the project is
undJrtaken or iocated; and no other official of the Subrecipient who exercises any functions or
responsibilities with respect to the project during his or her tenure, shall have any personal or pecuniary
gain or interest, direct or indirect, in iny contract, subcontract, or the proceeds thereof, for work to be
performed in connection with the project assisted under this Agreement.
The Subrecipient shall incorporate, or cause to incorporate, in all such contracts or subawards, a
provision prohibiting such interest pursuant to this provision.
A.1O CONTRACTING & PROCUREMENT
a.rrre@ompetitiveprocurementprocessintheprocurementandawardof
any contracis with contractors or subcontractors that are entered into under the original
agreement award. The procurement process followed shall be in accordance with 2 CFR Paft
200.317 General procurement standards through 200.327 Contract provisions.
As required by Appendix ll to 2 CFR Part 200, all contracts entered into by the Subrecipient under
this Agreement must include the following provisions, as applicable:
1) Contracts for more than the simplified acquisition threshold currently set at $250,000, which
is the inflation adjusted amount determined by the Civilian Agency Acquisition C^ouncil and
the Defense ncquisition Regulations Gouncil (Councils) as authorized by 41 U.S'C' 1908,
must address ad-ministrative, contractual, or legal remedies in instances where contractors
violate or breach contract terms, and provide for such sanctions and penalties as appropriate.
2) All contracts in excess of $10,000 must address termination for cause and for convenience
by the non-federal entity including the manner by which it will be effected and the basis for
settlement.
3) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all
contracts fhai meet the'definition of "federally assisted construction contract" in 41 CFR Part
60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1'4(b)' in
lF:',f it#'lff lulf ]s65-.",f,T{#;/,T:;K$ff!?3'EX::X{i;'""JJ1?3}ZAmending Executive Order 11246 Retating to Equal Employment Opportunity," and
implemeniing regulations at 41 CFR part 60, "Office af Federal Contract Compliance
Programs, Equal Employment opporlunity, DeparTment of Labor;'
4) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program
legislation, all prime construction contracts in excess of $2,000 awarded by non-federal
en-tities must include a provision for compliance with the Davis-Bacon Act (40 U.S'C. 3141-
3144, and 9146-3148) as supplemented by Department of Labor regulations (29 CFR Part
5, "Labor Standards'Provisions Applicabte to Contracts Covering Federally Financed and
Assl'sfed Construction"). ln accordance with the statute, contractors must be required to pay
wages to laborers and mechanics at a rate not less than the prevailing wages specified in a
waie determination made by the Secretary of Labor. ln addition, contractors must be
req-uired to pay wages not less than once a week. The non-federal entity must place a copy
of ine current- prevailing wage determination issued by the Department of Labor in each
solicitation. The decision to award a contract or subcontract must be conditioned upon the
acceptance of the wage determination. The non-federal entity must report all suspected or
1 reporled violations to tfre federal awarding agency: The contracts must also include a
provision for compliance with the Copeland "Anti-Kickback" Act (40 U.S.C. 3145), as
supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and
DHS-FEMA.EMPG.ARPA-FY21 PAgE 13 Of 35 CitY Of KENI EMD,E22.256
Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or
Grants from the United States"). ifre nct provides that each contractor or Subrecipient must
be prohibited from inducing, by any means, any person employed in the construction,
completion, or repair of public work, io give up any part of the compensation to which he or
she is otherwise entitled. The non-federal entity must report all suspected or repoded
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 by the non-federal entity in excess of $100,000 that involve the
employment of mechanics or laborers must include a provision for compliance with 40 U.S.C.
yOZ ana 3704,as supplemented by Department of Labor regulations (29 CFR Part 5). Under
40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every
mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of
the standard work week is permissible provided that the worker is compensated at a rate of
not less than one and a haif times the basic rate of pay for all hours worked in excess of 40
hours in the work week. The requirements of 40 U.S.C . 3704 are applicable to construction
work and provide that no laborer or mechanic must be required to work in surroundings or
under working conditions which are unsanitary, hazardous or dangerous. These
requirements Jo not apply to the purchases of supplies or materials or articles ordinarily
available on the open market, or contracts for transportation or transmission of intelligence.
6) Rights to lnventions Made Under a Contract or Agreement. lf the federal award meets the
deTinition of "funding agreement" under 37 CFR 5401.2 (a) and the recipient or Subrecipient
wishes to enter into a dontract with a small business firm or nonprofit organization regarding
the substitution of parties, assignment or performance of experimental, developmental, or
research work under that "funding agreement," the recipient or Subrecipient must comply
w1h the requirements of 37 CFR Part 401,'Rights to lnventions Made by Nonprofit
Orgaiizations and Smalt Eusrness Firms lJnder Government Grants, Contracts and
Cioperative Agreemenfs," and any implementing regulations issued by the awarding agency,
7) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33
U.S.C. 1ZS1-1ieZ;, as amended-Conkacts and subgrants of amounts in excess of
$150,000 must coniain a provision that requires the non-federal award to agree to comply
with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42
U.S.C. l+O1.-ZAl1ry.) and the Federal Waier Pollution Control Act as amended (33 U'S.C.
1251-1387). Violations must be reported to the federal awarding agency and the Regional
Office of the Environmental Protection Agency (EPA)'
g) Debarment and Suspension (Executive Orders 12549 and 12689)-A contract aw.ard (see 2
CFR 1g0.220) must not be made to parties listed on the government-wide exclusions in the
System for Award Management (SAM), in accordance with the OMB guidelines at 2_ CFR 180
that implement Executiu6 Orders 12549 (3 CFR part 1986 C.oTp., p._189) and 12689 (3 CFR
part 1989 Gomp., p. 235), "Debarment and Suspension.' SAM Exclusions contains the
names of parties debarred, suspended, or otherwise excluded by agencies, as w-ell.as parties
declared ineligible under statutory or regulatory authority other than Executive Order 12549'
9) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)-Contractors that apply or bid for an award
eiceeding $tOb,O-OO must file the required certification. Each tier cedifies to the tier above
that it will not and has not used federal appropriated funds to pay any person or organization
for influencing or attempting to influence an officer or employee of any agency, a_member of
Congress, ofii""r or employee of Congress, or an employee of a member of Congress in
conn-ection with obtaining any federal contract, grant or any other award covered by 31
U.S.C. 1352. Each tier riust also disclose any lobbying with non-federal funds that takes
place in connection with obtaining any federal award. Such disclosures are forwarded from
tier to tier up to the non-federal award.
10) procurement of recovered materials -As required by 2 CFR 200.323, a non'federal entity
that is a state agency or agency of a political subdivision of a state and its contractors must
comply with seJtion'6002lf the Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act. The requirements of Section 6002 include procuring only
items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part
DHS-FEMA-EMPG-ARPA-FY21 Page 14 of 35 Citv of Kent EMD'E22-256
A.11
4.12
247 thatcontain the highest percentage of recovered materials practicable, consistent with
maintaining a satisfactiry level of competition, where the purchase price of the item exceeds
glO,O0O oI tfre value of the quantity acquired during the preceding.fiscal year exceeded
$1O,OO0; procuring solid waste management services in a manner that maximizes energy
and resource recovery; and establishing an affirmative procurement program for
procurement of recovered materials identified in the EPA guidelines.
1 1) Notice of federal awarding agency requirements and regulations pertaining to reporting.
12) Federal awarding agency requirements and regulations pertaining to copyrights and rights in
data.
13) Access by the Department, the Subrecipient, the federal awarding agency, the Comptroller
General of tfre United States, or any of their duly authorized representatives to any books,
documents, papers, and records of the contractor which are directly pertinent to that specific
contract foithe purpose of making audit, examination, excerpts, and transcriptions.
14) Retention of all required records for six (6) years after the Subrecipient has made final
payments and all other pending matters are closed'
1b) Mandatory standards and policies relating to energy efficiency which are contained in the
state energy conservation plan issued in compliance with the Energy Policy and
Conservation Act (Pub. L. 94-163, 89 Stat. 871).
16) pursuant to Executive Order 13858 "strengthening Buy-American Preference'Q for
lnfrastructure Projects," and as appropriate and to the extent consistent with law, the non-
Federal entity should, to the greatest extent practicable under a Federal award, provide a
preference for the purchase, acquisition, or use of goods, products, or materials produced in
the United States, as required in 2 CFR Part 200.322, in every contract, subcontract,
purchase order, or sub-award that is chargeable against federal financial assistance awards.
17) per 2 C.F.R. S 200.216, prohibitions regarding certain tele_c_ommunications and video
surveillance services or equipment is mandated by section 889 of the John S- McCain
National Defense Authorizalion Act for Fiscal Year 2019 (FY 2019 NDAA), Pub. L. No. 115'
232 (2018).
b. The Department reserves the right to review the Subrecipient's procurement plans and
documents and require the Subrecipient to make changes to bring 1ts plans and documents into
compliance with the requirements of z cFR Part 200.317 through 200.327. The Subrecipient must
ensure that its procurement process requires contractors and subcontractors to provide adequate
documentation with sufficient detail to support the costs of the project and to allow both the
Subrecipient and Department to make a determination on eligibility of project costs'
c. All contracting agreements entered into pursuant to this Agreement shall incorporate this
Agreement bY reference.
DISCLOSURE
The use or disclosure by any party of any information concerning the Department for any purpose not
direcly connected with t-he a-dminiitration of the Department's orthe Subrecipient's responsibilitieswith
,".p."t to services provided under this Agreemenl is prohibited except by prior written consent of the
Department or as required to comply with the state Public Records Act, other law or court order.
DISPUTES
ffit aTotherwise provided in this Agreement, when a bona fide dispute arises between the padies
and it cannot be resolved through diicussion and negotiation, either party may request a dispute
resolution panelto resolve the dislute. A request for a dispute resolution board shall be in writing, state
the disputed issues, state the relaiive positions of the parties, and be sent to all parties. The panel shall
consisi of a representative appointed by the Department, a representative appointed by the Subrecipient
and a third party mutually a'greeO upoh uy both parties. The panel shall, by majority vote, resolve the
dispute. Each party shall'belr the cost toi its panel member and its attorney fees and costs and share
equally the cost of the third panel member.
DHS-FEMA-EM PG.ARPA-FY21 Page 15 of35 City of Kent EMD,E22-256
A.13
4.14
A.15
A.16
A.17
LEGAL RELATIONS
It is understood and agreed that this Agreement is solely for the benefit of the parties to the Agreement
and gives no right to any other party. No joint venture or partnership is formed as a result of this
Agreement.
To the extent allowed by law, the Subrecipient, its successors or assigns, will protect, save and hold
harmless the Departm"nt, the state of Washington, and the United States Government and their
authorized agents and employees, from all claims, actions, costs, damages orexpenses of any.natu.re
whatsoever by reason of the acts or omissions of the Subrecipient, its subcontractors, subrecipients,
assigns, agents, contractors, consultants, licensees, invitees, employees or any person whomsoever
arisi-ng out-ot or in connection with any acts or activities authorized by this Agreement.
To the extent allowed by law, the Subrecipient further agrees to defend the Department and the state of
Washington and their authorized agents and employees in any litigation; including payment of any costs
or attorieys'fees for any claims oiaction commenced thereon arising out of or in connection with acts
or activities authorized by this Agreement.
This obligation shall not include such claims, costs, damages or expenses which may be caused by_ the
sole negiigence of the Department; provided, that if the claims or damages are caused by or result from
ttre coniuirent negligence of (1) the'Department, and (2) the Subrecipient, its agents, or employees, this
indemnity provisio-n Jfr"tt Oe valid and enforceable only to the extent of the negligence of the Subrecipient,
or the Subrecipient's agents or employees.
lnsofar as the funding source, FEMA is an agency of the Federal government, the following shall apply:
44 CFR 206.g Non-liabilitv. The Federal government shall not be liable for any claim based upon the
ffi,orthefailuretoexerciseorperformadiscretionaryfunctionordutyonthe
part of a federal agency or an employee of the Federal government in carrying out the provisions of the
Stafford Act.
LtM|TATION OF AUTHORITY - AUTHORIZED SIGNATUBE
theyhavetheauthoritytobindtheirrespective
organiiations to this Agreiment. Only the Department's Authorized Signature representative and the
nrithorized Signature iepresentative of the Subrecipient or Alternate for the Subrecipient, formally
designated in ivriting, shall have the express, implied, or apparent authority to alter, amend, modify, or
waiv-e any clause or-condition of this Agreement. Any alteration, amendment, modification, or waiver of
Jny dauje or condition of this Agreement is not etfective or binding unless made in writing and signed
by'both parties' Authorized Signature representatives, except as provided for time extensions in Article
A.3.
Further, only the Authorized Signature representative or Alternate for the Subrecipient shall have
signature authority to sign reiirbursement requests, time extension requests, amendment and
m-odification requeits, reqriests for changes to projects or work plans, and other requests, certifications
and documents authorized by or required under this Agreement.
LOSS OR REDUCTION OF FUNDING
l,orothersourcesiswithdrawn,reduced,orlimitedinanyway
after the effective d-ate of this Agreement and prior to normal completion or end date, the Department
may unilaterally reduce the work-plan and budget or unilaterally terminate all or parl of the Agreement as
a ,,iermination for Cause" without providing the Subrecipient an opportunity to cure. Alternatively, the
parties may renegotiate the terms of this Agreement undgr "Amendments and Modifications" to comply
with new funding'limitations and conditions, although the Department has no obligation to do so'
NONASSIGNABILITY
@t,noranyclaimarisingunderthisAgreement,shallbetransferredorassignedby
the Subrecipient.
NONDISCRIM1NATION
@omplywithallapplicablefederalandstatenon-discriminationlaws,regulations,
and policies. No person shall,-on the grounds of age, race, creed, color, sex, sexualorientation, religion,
national origin, marital status, rronoriuy discharged veteran or military status, or disability (physical'
mental, or Jensory; be denied the benefits of, oi otherwise be subjected to discrimination under any
project, program, or activity, funded, in whole or in part, under this Agreement'
DHS-FEMA-EM PG.ARPA.FY2 1 Page 16 of 35 City of Kent EMD,E22-256
A.18 NOTICES
TfrEfficipient shallcomply with all public notices or notices to individuals required by applicable local,
state and federal laws and regulations and shall maintain a record of this compliance.
A.19
(OSHA ,VISHA)
The Sgbrectpd'ent represents and warrants that its workplace does now or will meet all applicable federal
and state safety and'health regulations that are in effect during the Subrecipient's performance under this
Agreement. To the extent allowed by law, the Subrecipient further agrees to indemnify and hold harmless
tnl Department and its employees and agents from all liability, damages and costs of any nature,
including, but not limited to, costs of suits and attorneys' fees assessed against the Department, as a
result of the failure of the Subrecipient to so comply.
A.2O OWNERSHIP OF PROJECT/CAPITAL FACILITIES
inycapitaIfacilitiesorrealpropertyimprovedorconstructedwith
funds under this Agreement, and by this subaward of funds does not and will not acquire any ownership
interest or tige to iuch property oi tne Subrecipient. The Subrecipient shall assume all liabilities and
responsibilities arising trbm ifre bwnership and operation of the project and agrees to indemnify and hold
the Department, the itate of Washington, and the United States government harmless from any and all
causes of action arising from the ownership and operation of the project.
A.21 POLITICALACTIVITY
@providedhereinshallbeusedforanypartisanpoliticalactivityortofurtherthe
election or defeat of any candidate for public office or influence the approval or defeat of any ballot issue.
A.22 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION
rtreassistince@mentshallnotbeusedinpaymentofanybonusorcommission
for the purpose of obtaining approval of the application for such assistance or any other approval or
concurrence under this Agreement provided, however, that reasonable fees or bona fide technical
consultant, managerial, or 6ther such services, other than actual solicitation, are not hereby prohibited if
otherwise eligible as project costs.
A.23 PUBLICITY
The Subrecipient agrees to submit to the Department prior to issuance all advertising and publicity
matters relating to th-is Agreement wherein the Department's name is mentioned, or language used from
which the con-nection oithe Department's name may, in the Department's judgment, be inferred or
implied. The Subrecipient agrees not to publish or use such advertising and publicity matters without the
prior written consent of the bepartment. The Subrecipient may copyright originalwork it develops in the
course of or under this Agreement; however, pursuant to 2 CFR Part 200.315, FEMA reserves a royalty-
free, nonexclusive, and irrevocable license to reproduce, publish or otherulise use, and to authorize
others to use the work for government purposes.
publication resulting from work performed under this Agreement shall include an acknowledgement of
FEMA's financial support, by the Assistance Listings Number (formerly CFDA Number), and a statement
that the publication does not constitute an endorsement by FEMA or reflect FEMA's views.
A.24 RECAPTURE PROVISION
ln the event the .subrectpient fails to expend funds under this Agreement in accordance with applicable
federal, state, and locai laws, regulations, and/or the provisions of the Agreement, the Department
reserves the right to recapture funds in an amount equivalent to the extent of noncompliance. Such right
of recapture shall exist for the life of the project following Agreement termination. Repayment by the
Subrecipient of funds under this recapture provision shall occur within 30 days of demand. ln the event
the Department is required to institute legal proceedings to enforce the recapture provision, the
Department shall be entitled to its costs and expenses thereof, including attorney fees from the
Subrecipient.
A.25 RECORDSa. Thre Subrecipient agrees to maintain all books, records, documents, receipts, invoices and all
other electronic or wlitten records necessary to sufficiently and properly reflect the Subrecipient's
contracts, subawards, grant administration, and payments, including all direct and indirect
charges, and expenditurbs in the performance of this Agreement (the "records").
DHS-FEMA-EMp6-ARpA-Fy21 Page 17 of 35 City of Kent EMD,E22-256
4.26
4.27
A.28
b. The Subrecipient's records related to this Agreement and the projects funded may be inspected
and audited by the Department or its designee, by the Office of the State Auditor, DHS, FEMA or
their designees, by the Comptroller General of the United States or its designees, or by other
state or federal ofiicials authorized by law, for the purposes of determining compliance by the
Subrecipient with the terms of this Agreement and to determine the appropriate level of funding
to be paid under the Agreement.
c. The records shall be made available by the Subrecipient for such inspection and audit, together
with suitable space for such purpose, at any and all times during the Subrecipient's normal
working day.
d. The Subrecipient shall retain and allow access to all records related to this Agreement and_ the
funded project(s) for a period of at least six (6) years following final payment and closure of the
grant undeithis Agreement. Despite the minimum federal retention requirement of three (3) years,
the more stringent State requirement of six (6) years must be followed.
BESPONSIBILITY FOR PROJECT/STATEMENT OF WORKMqRK PI.AN
ttheSubrecipientwiththeprojecUstatementofwork/workplan
(project) by providing federal award funds pursuant to this Agreement, the project itself remains the sole
iesponsibiiity of the Subrecipient. The Department undertakes no responsibility to the Subrecipient, or to
any third pady, other than as is expressly set out in this Agreement.
The responsibility forthe design, development, construction, implementation, operation and maintenance
of the project, ai these phraies are applicable to this project, is solely that of the Subrecipient, as is
responsibility for any claim or suit of any nature by any third party related in any way to the project'
prior to the start of any construction activity, the Subrecipient shall ensure that all applicable federal,
state, and local permits and clearances are obtained, including, but not limited to, FEMA compliance with
the National Environmental Policy Act, the National Historic Preservation Act, the Endangered Species
Act, and all other environmental laws, regulations, and executive orders.
The Subrecipient shall defend, at its own cost, any and all claims or suits at law or in equity, which may
be brought against the Subrecipient in connection with the project. The Subrecipient shall not look to the
Department, or to any state or federal agency, or to any of their employees or agents, for any
performance, assistance, or any payment or indemnity, including, but not limited to, cost of defense
and/or attorneys'fees, in connection with any claim or lawsuit brought by any third party related to any
design, development, construction, implementation, operation and/or maintenance of a project.
SEVERABILITY
ii a"!, co--"1 of rqhffuljurisdiction holds any provision or condition under this Agreement or its application
to any person oicircumstances invalid, this invalidity does not affect other provisions, terms or conditions
of the Agreement, which can be given effect without the invalid provision. To this end, the terms and
conditions of this Agreement are declared severable.
SINGLE AUDIT ACT REQUIREMENTS {iNCIUdiNq AII AMENDMENTSI
@p1ywithandincludethefollowingauditrequirementsinanysubawards.
Non-federal entities, as Subrecipients of a federal award, that expend $750,000 or more in one fiscal
year of federal funds from all sources, direct and indirect, are required to have a single or a program-
ipeci1c audit conducted in accordance with 2 CFR Part 200 Subpart F. Non-federal entities that spend
less than $750,000 a yeil in federal awards are exempt from federal audit requirements for that year,
except as noted in 2 GFR Part 200 Subpart F. As defined in 2 CFR Part 200, the term "non-federalentity"
means a state, local government, lndian tribe, institution of higher education, or nonprofit organization
that carries out a federal award as a recipient or subrecipient.
Subrecipients that are required to have an audit must ensure the audit is performed in accordance with
Generaily Accepted Government Auditing Standards (GAGAS) as found in the Government Auditing
Standards (the Revised yellow Book) developed by the United States Comptroller General and the OMB
Compliance Supplement. The Subrecipient has the responsibility of notifying its auditor and requesting
an audit in compiiance with 2 CFR Part 200 Subpart F, to include the Washington State Auditor's Office,
a federal auditor, or a public accountant performing work using GAGAS, as appropriate. Costs of the
audit may be an allowable grant expenditure as authorized by 2 CFR Parl2OO.425-
DHS-FEMA-EM PG-ARPA-FY21 Page 18 of35 City of Kent EMD,E22-256
A.29
A.30
A.31
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 exceptionsincurred by its own organization or that of its subcontractors. Responses to any
unresolved management findings ind disallowed or questioned costs shall be included with the audit
report, The Subrecipient must respond to Department requests for information or corrective action
concerning audit issues or findings within 30 days of the date of request. The Department reserves the
right to redover from the Subrecipient all disallowed costs resulting from the audit.
After the single audit has been completed, and if it includes any audit findings, the Subrecipient must
send a full cipy of the audit and its Corrective Action Plan to the Department at the following address no
later than nine (9) months after the end of the Subrecipient's fiscal yea(s):
Gontracts Office
Washington Military DePartment
Finance Division, Building #1 T A'20
Camp Murray, WA 98430.5032
The Department retains the sole discretion to determine whether a valid claim for an exemption from the
audit requirements of this provision has been established.
Conducting a single or program-specific audit in compliance with 2 CFR Part 200 Subpart F is a material
requiremeit of thls Agreerient. ln the absence of a valid claim of exemption from the audit requirements
of 2 CFR part 200 Suipart F, the Subrecipient's failure to comply with said audit requirements may result
in one or more of the foilowing actions in the Department's sole discretion: a percentage of federal arya1ds
being withheld untilthe auditls completed in accordance with 2 CFR Part 200 Subpart F; the withholding
or disallowing of overhead costs; ihe suspension of federal awards until the audit is conducted and
submitted; or termination of the federal award.
SUBRECIPTENT NOT EMPLOYEE
dentcontractorrelationshipwillbecreatedbythisAgreement.The
Subrecipient, and/or employees or agents performing under this Agreement are not employees or agents
of the Department in any mlnner whitsoever. The Subrecipient will not be presented as, nor claim to be,
an officei or employee bf tne Department by reason of this Agreement, nor will the Subrecipient make
any claim, demand, or application to or for iny right or privilege applicable to an officer or employee of
the Department or of the state of Washington by reason of this Agreement, including, but not limited_to,
Workmen's Compensation coverage, unempioyment insurance benefits, social security benefits,
retirement rnembership or credit, or privilege or benefit which would accrue to a civil service employee
under Chapter 41.06 RCW.
It is understood that if the Subrecipient is another state department, state agency, state university, state
college, state community college, state board, or state commission, that the otficers and employees are
empt6yeO by the state ol Washington in their own right and not by reason of this Agreement.
TAXES, FEES AND LICENSES
Agreement,theSubrecipientshallberesponsiblefor,payandmaintain
in current status alltaxes, unemployment contributions, fees, licenses, assessments, permit charges and
expenses of any other kind foi tnb Subrecipient or its staff required by statute or regulation that are
applicable to Agreement performance.
TERMINATION FOR CONVENIENCE
A9reement,theSubrecipientmayterminatethisAgreementby
providing writte-n no[ice of such termination to the Department Key Personnel identified in the Agreement,
ipecifying the effective date thereof, at least thirty (30) days prior to such date'
Except as othenryise provided in this Agreement, the Depadment, in its sole discretion and in the best
interests of the state of Washington, may terminate this Agreement in whole or in part ten (10) business
days after emailing notice. Upon- notice of termination for convenience, the Department reserves the right
to iuspend all or part of the Agreement, withhold further payments, or prohibit the Subrecipient from
incurring additionai obligations it funds. In the event of termination, the Subrecipient shall be liable for all
damagei as authoriz"a-Oy law. The rights and remedies of the Department provided for in this section
shall riot be exclusive and are in addition to any other rights and remedies provided by law.
D H S-FEMA-EM PG-ARPA-FY21 Page 19 of 35 City of Kent EMD, E22-256
A.32
A.33
4.34
TERMINATION OR SUSPENSION FOR LOSS OF FUN,pING
ndallorpartofthisGrantAgreement,ormayreduce
its scope of work and ouoget, ii there is a reduciion in funds by the source of those funds, and if such
funds are the basis for th-is Grant Agreement. The Department will email the Subrecipient ten (10)
business days prior to termination'
TERMINATION OR SUSPENSION FOR CAUSE
n,determinestheSubrecipienthasfailedtofulfillina
timely and proper manner its obligations under this Agreement, is in an unsound financial condition so
as to endanger peformance heieunder, is in violation of any laws or regulations that render the
Subrecipient-unabte to perform any aspect of the Agreement, or has violated any of the covenants,
agreembnts or stipulations of this Agreement, the Department has the right to immediately suspend or
terminate this Agreement in whole or in part.
The Department may notify the Subrecipient in writing of the need to take corrective action and provide
a period of time in wfricn to cure. The Department is not required to allow the Subrecipient an opportunity
to cure if it is not feasible as determined'solely within the Department's discretion. Any time allowed for
cure shall not diminish or eliminate the Subreiipient's liability for damages or otherwise atfect any other
remedies available to the Department. lf the Department allows the Subrecipient an opportunity to cure,
the Department shall notify the Subrecipient in writing of the need to take corrective action. lf the
corrective action is not takeh within ten (10) calendar days or as otherwise specified by the Department,
or if such corrective action is deemed by the Department to be insufficient, the Agreement may be
terminated in whole or in Part.
The Department reserves the right to suspend all or part of the Agreement, withhold further payments,
or prohibit the Subrecipient froir incurring additional obligations of funds during investigation of the
alleged compliance breach, pending corrective action by the Subrecipient, if allowed, or pending a
decision by the Department to terminate the Agreement in whole or in part'
ln the event of termination, the Subrecipient shall be liable for all damages as authorized by law, including,
but not limited to, any cost difference between the original Agreement and the replacement or cover
Atreement and all aiministrative costs directly related to the replacement Agreement, €.9., cost of
aJministering the competitive solicitation proceis, mailing, advertising and other associated staff time.
The rights aid remedies of the Department provided for in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law.
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's'control,'fault or negligence, the termination shall be deemed to be a
"Termination for Convenience".
TERM I NATION PROCEDURES
ln addition to the pr".ed,rtes set forth below, if the Department terminates this Agreement, the
Subrecipient shall follow any procedures specified in the termination notice. Upon termination of this
Agreement and in addition t6 iny other rights provided in this Agreement, the Department may gquire
tni Subrecipient to deliver to th-e Departmeni any property specifically produced or acquired for the
performance of such part of this Agreement as has been terminated'
lf the termination is for convenience, the Department shall pay to the Subrecipient as an agreed upon
price, if separately stated, for properly authorized and completed work and services rendered or goods
delivered to and accepted ny ifre'Department prior to the effective date of Agreement termination, the
amount agreed upon by the Subrecip'rent and the Department for (i) completed work and services and/or
equipm"ni or supplies provided for which no separate price is stated, (ii) partially completed work and
serui"es andlor equipm'ent or supplies provided which are accepted by the Department, (iii) other work,
seruices and/or equipment or supplies wnicfr are accepted by the Department, and (iv) the protection and
preservation of propertY.
Failure to agree with such amounts shalt be a dispute within the meaning of the "Disputes" clause of this
Agreement.-lt tt " termination is for cause, the Department shall determine the extent of the liability of the
DEpartment. The Department shall have no other obligation to the Subrecipient for termination. The
Depaftment may withrroH from any amounts due the Subrecipient such sym aq the Department
determines to be necessary to protect the Department against potential loss or liability'
DH S-FEMA-EM PG-ARPA-FY21 Page 20 of 35 City of Kent EMD,E22-256
4.35
A.36
A.37
The rights and remedies of the Department provided in this Agreement shall not be exclusive and are in
addition to any other rights and remedies provided by law'
After receipt of a notice of termination, and except as otherwise directed by the Department in writing,
the Subrecipient shall:
a. Stop work under the Agreement on the date, and to the extent specified, in the notice;
b. place no further orders or contracts for materials, services, supplies, equipment and/or facilities
in relation to this Agreement except as may be necessary for completion of such portion of the
work under the Agreement as is not terminated;
c. Assign to the Department, in the manner, at the times, and to the extent directed by the
Department, all of ihe rights, title, and interest of the Subrecipient under the orders and contracts
so terminated, in which-case the Department has the right, at its discretion, to settle or pay any
or all claims arising out of the termination of such orders and contracts;
d. setfle all outstanding liabilities and all claims arising out of such termination of orders and
contracts, with the afproval or ratification of the Department to the extent the Department may
require, which approval or ratification shall be finalfor allthe purposes of this clause;
e. Transfer tile to the Department and deliver in the manner, at the times, and to the extent directed
by the Department any property which, if the Agreement had been completed, would have been
required to be furnished to the Department;
f. Complete performance of such part of the work as shall not have been terminated by the
Department in compliance with all contractual requirements; and
g. Take such action as may be necessary, or as the Department may require, for the protection and
preservation of the property related to this Agreement which is in the possession of the
bubrecipient and in which the Department has or may acquire an interest.
uTlLlzATloN oF MINOBITY AND WOMEN BUSINEqS ENTERPRISES (MliiVBE)
s that are certified as minority-owned and/or
women-owned in carrying o,Jt tne purposes of this Agreement. The subrecipient may set utilization
standards, based upon toiat conditions or may use the state of Washington MWBE goals, as identified
in WAC 326-30-041.
VENUE
Tf,ffir""ment shall be construed and enforced in accordance with, and the validity and performance
shdl b6 governed by, the laws of the state of Washington. Venue of any suit between the parties arising
out of this Agreem"ni .f.l"il be the Superior Court of Thurston County, Washington. The Subrecipient, by
execution otirris Agreement, acknowiedges the jurisdiction of the courts of the state of Washington.
WAIVERS
No conditions or provisions of this Agreement can be waived unless approved in advance by the
Department in writinj. ine oepartmenG failure to insist upon strict performance of any provision of the
Agieement or to exeicise any iignt UaseO upon a breach thereof, or the acceptance of any performance
Oiring such breach, shall noi constitute a waiver of any right under this Agreement.
DHS-FEMA.EM P G-ARPA-FY21 Page 21 of35 City of Kent EMD,E22-256
Attachment C
2{ EMPG-ARPA Award Letter
EMS-2021 -EP-00008-s01
U.S. Department of Homeland Security
Washington, D.C.20472
Bret Daugherty
Washington M ilitary DePartment
Building 20
Camp Murray, WA 98430 - 5122
Re : Grant No. EMS-2021 -EP00008
Dear Bret Daugherty:
Congratulations, on behalf oi the Department of Homeland Security, your application for financial assistance submitted under
tne Fiscal year (Fy) 2021 Emergency Management Performance Grants has been approved in the amount ol $2,136,034.00.
As a condition of this award, you"are requirei to contribute a cost match in the amount of $2,136,034.00 of non-Federal funds,
or 50 percent of the total approved project costs of $4,272'068.04'
Before you request and reoeive any of the Federal funds awarded to you, you must establish acceptance of the award. By
accepting this award, you acknowledge that the terms of the following documents are incorporated into the terms of your
award:
. Agreement Articles (attached to this Award Letter)
. Obligating Document (attached to this Award Letter)
, FV ioZl Emergency Management Performance Grants Notice of Funding Opportunity.
. FEMA Preparedness Grants Manual
please make sure you read, understand, and maintain a copy of these documents in your official file for this award.
ln order to esiablish acceptance of the award and its terms, please follow these instructions:
Step 1: Please log in to the ND Grants system at https://portal-fema.gov.
Step 2: After logging in, you will see the Home page with a Pending Tasks menu. Click on the Pending Tasks menu, select the
Application sun-menu, ahO tnen click the link for "Award Offer Review' tasks. This link will navigate you to Award Packages
that are pending review.
Step 3: Click the Review Award package icon (wrench) to review the Award Package and accept or decline the award. Please
save or print the Award Package for your records.
System for Award Management (SAM): Grant reoipients are to keep all_of their information up to date in SAM, in partioular,
your organization,s namJ, addreis, DUNS numbei, Ettri ano banking Information. Please ensure that the DUNS number used
in SAM is the same one used to apply for all FEMA awards. Future payments will be contingent on the information provided
in the SAM, therefore, it is imperaiive that the information is correot. The System for Award Management is looated at hftp://
www.sam.oov.
lf you have any questions or have updated your information in SAM, please let your Grants Management Specialist (GMS)
know as soon as possible. This will help us to make the necessary updates and avoid any interruptions in the payment
process.
PATRICK GERARD MARCHAM
DH S.F EMA-EM PG-ARPA-FYz 1 Page 22 ot 35 City of Kent EMD,E22-256
U.S. Department of Homeland Security
Washington, D.C.2A472
GRANTEE:
PROGRAM:
AGREEMENT NUMBER:
Article I
Article ll
Articte lll
Article lV
Article V
Artiole Vl
Article Vll
Article Vlll
Article lX
Article X
Article Xl
Article Xll
Article Xlll
Article XIV
Article )0/
Article )0/l
AGREEMENT ARTICLES
Emergency Management Performance Grants
Washington M ilitarY DePartment
Emergency Ma na gement Performance
Grants
E MS-202 1 -EP-00008-S01
TAELE OF CONTENTS
Limited English Proficiency (Civil Rights Act of 1964, Titte Vl)
Universal ldentifier and System of Award Management
Environmental Planning and Historic Preservation (EHP)
Review
Prior Approval for Modiflcation of Approved Budget
Americans with Disabilities Act of 1990
SAFECOM
Acceptance of Post Award Changes
Rehabilitation Act of 1973
National Environmental Policy Act
Aoknowledgement of Federal Funding from DHS
USA PATRIOT Aot of 2001
Age Discrimination Act of 1975
Civil Rights Act of '1964 - Title Vl
Notice of Funding Opportunity Requirements
Trafficking Victims Protectlon Act of 2000 (TVPA)
Non-Supplanting Requirement
DHS-FEMA-EM PG-ARPA-FY21 Page 23 of 35 City of Kent EMD, E22-256
Artiole XVll
Article X/lll
Article XIX
Article )0(
Article )O(l
Article )0(ll
Article )O(lll
Article )O(V
Article )C(V
Article )O(Vl
Article XXVII
Article )O(Vlll
Article )C(lX
Article )C(X
Article )Q(XI
Article )C(Xll
Article XXX|ll
Article )C(XIV
Article )Q(XV
Article )C(XVI
Article )C(XVII
Article )fiXVlll
Drug-Free WorkPlace Regulations
Federal Leadership on Reducing Text Messaging while
Driving
DHS Specific Acknowledgements and Assurances
Best Practices for Collection and Use of Personally
ldentifiable lnformation
Civil Rights Act of 1968
Debarment and SusPension
Activities Conducted Abroad
Energy Policy and Conservation Act
Procurement of Recovered Materials
Terrorist Financing
Hotel and Motel Fire Safety Act of 1990
Duplication of Benefits
Fly America Act of '1974
Reporting of Matters Related to Recipient lntegrity and
Performance
Lobbying Prohibitions
False Claims Act and Program Fraud Civil Remedies
Federal Debt Status
Nondiscrimination in Matters Pertaining to Faith-Based
Organizations
Education Amendments of 1972 (Equal Opportunity in
Eduoation Act) - Title lX
Copyright
Reporting Subawards and Executive Compensation
Use of DHS Seal, Logo and Flags
DHS-FEMA.EM PG-ARPA-FY2 1 Page 24 of 35 City of Kent EMO, E22-256
Article XXXIX Whistleblower Protection Act
Article XL Assurances, Administrative Requirements, Cost Principles,
Representations and Certifications
Article XLI Disposition of Equipment Acquired Under the Federal Award
Article XLll Patenis and lntellectual Property Rights
Article I - Limited English Proficiency (civil Rights Act of 1964, Title Vl)
Recipients must comply wiih Tile Vl of the Civit Rights Act of 1964, (42 U S C. section 2000d ef seq.) prohibition against
discrimination on the basis ol national origin, which requires that recipients of federal financial assistance take reasonable
steps to provide meaningful access to peisons with limited English proficiency (LEP) to their programs and services For
additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance-
https://www.dhs.gov/guidance, published-help-department- supported-organizations-provide-meaningful-access-people-
I i mited a nd additional resources on http ://wuruu- lep, gov.
Article ll - Universal ldentilier and System of Award Management
Recipients are required to comply with the reguirements set forth in the government-wide financial assistance award term
,"g"roing the Sysiem for Award i/anagement'and Universal ldentifier Requirements located at 2 c.F.R. Part25, Appendix A'
the full text of which is incorporated here by reference.
Article lll- Environmental Planning and Historic Preservation (EHP) Review
DHSIFEMA funded activities that may require an EHP review are subject to the FEMA Environmental Planning and Historic
preservation (EHp) review process. inis ieview does not address all federal, state, and local requirements. Acceptance of
federal funding requires recipient to comply with all federal, state, and loeal laws.
DHS/FEMA is required to consider the potential impacts to natural and cultural resources of all projects funded by DHS/
FEMA grant funds, through its EHp Review process, as mandated by the National Environmental Policy Act; National
HistoriCpreservation Rct-ot tsoO, as amended; National Flood lnsurance Program regulations, and, any othel applicable
laws and Executive Orders, To access the FEMA EHP screening form and instructions, go to the DHSiFEMA website at:
httpe://www.lema.gov/medialibrarv/assets/documents/90195. ln order to initiate EHP review of your project(s), you must
""rpl"t. "1tr"b"""t "a"ti""".f tLt" forr" and sunmit it io the Grant Programs Directorate (GPD) along with all other pertinent
project information. The EHp review process must be completed before funds are released to carry out the proposed project;
othlrwise, DH5/FEMA may not be able to fund the project due to noncompliance with EHP laws, executive order, regulations,
and policies.
lf ground disturbing activities occur during construction, applicant will monitor ground disturbance, and if any potential
ariheological resources are discovered, lpflicant will immediately cease work in that area and notifl7 the pass-through entity,
if applicable, and DHS/FEMA.
Article lV - Prior Approval for Modification of Approved Budget
Before making any change to the FEMA approved budget for this award, you must request prior written approval from FEMA
where required by 2 c F.R Section 200.30g. FEMA is also utilizing its discretion to impose an additional restriotion under
2 C F.R. Section 200.308(D regarding the transfer of funds among direct cost categories, programs, functions, ot activities'
Therefore, for awards with an Jpprou-eo budget where the federal share is greater than the simplified acquisition threshold
(curren|y $2S0,000), you may not transfer funds among direct cost categories, proglams, functions, or aotivities without prior
written approval trom FrvR where the cumulative amount of such transfers exceeds or is expeoted to exceed ten percent
1tO.Uo; oithe total budget FEMA last approved^ You must report any deviations from your FEMA approved budget in the first
Fedeial Financial Report (sF-42s) you submit lollowing any budget deviation, regardless of whether the budget deviation
requires prior written aPProval.
Article V - Americans with Disabilities Act of 1990
DHS.FEMA.EM PG-AR PA-FY21 Page 25 of 35 City of Kent EMD, E22-256
Reoipients mustcomplywiththe requirementsof Tities l, ll, and lilof the AmericanswithDisabiiltiesAcf, Pub. L No. 101-336
(199b) (codified as amended at 42 U.s.C. sections 12101- 12213), which prohibits recipients from disoriminating on the basis
ir oi.ioilty in the operation of public entities, public and private trinsportation systems, places of public accommodation, and
certain testing entities.
Article Vl - SAFECOM
Recipients receiving federal financial assistance awards made under programs that provide emergency comrnunication
equipment and its retat"o activities must comply with the SAFECOM Guidance lor Emergency Communication Grants,
including provisions on technical standards that ensure and enhance interoperable communications,
Article Vll - Acceptance of Post Avvard Changes
ln the event FEMA determines that changes are necessary to the award document after an award has been made, including
changes to per:iod of performance or terms and conditions, recipients will be notified of the changes in writing. once
notification has been made, any subsequent request for funds will indicate recipient accePlln99 of the changes to the
award. please call the r'=Mnldn,lo call center at (866) 927-5646 or via e-mail to ASK-GMD@fema.dhs.gov if you have any
questions.
Article Vlll - Rehabilitation Act of 1973
Recipients must complywith the requirements of Section 504 of the Rehabilitation Actof 1973, Pub L. 93-112 (1973),
lcodiReO as amended at Zg U.S.C, section 794,) which provides that no otherwise qualified handicapped individuals in
ihe United states will, solely by reason of the hindicap, be excluded from participation in, be denied the benefits of, or be
subjected to discrimination under any program or activity receiving iederal financial asslstance.
Article lX - National Environmental Policy Ac't
Recipients must comply with the requirements of the Nationa! Environmental Poticy Act of 1969 (NEPA), Pub. L' 91 -'1 90
(t97b) (codified as amended at 42 U.s.c. section 4321 et seq.) and the council on Environmental Quality (cEQ) Regulations
ior lmplementing the procedural provisions of NEPA, which require recipients to use all practicable means within their
autnoiity, and consistent with other essential considerations of national policy, to create and maintain conditions under which
people and nature can exist in productive harmony and fulfill the social, economic, and other needs of present and future
generations of Amerioans.
Article X - Acknowledgement of Federal Funding from DHS
Recipients must acknowledge their use of federal funding when issuing staiements, press releases, requests lor proposal, bid
inv1ations, and other docum]ents describing pro1ects or programs funded in whole or in part with federal funds.
Article Xl - USA PATRIOT Act of 2001
Recipients must comply with requirements ol Section 817 of the lJniting and strengthening America by Providing Appropriate
Toots Rquired to tnteicept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act), Pub. L. No '107-56, which amends 18
U.S.C. sections 175-175c.
Article Xll - Age Discrimination Act of 1975
Recipients must oomply with the requirements of the Age Discrimination .Act of 1975, Pub' L. No 94-135 (1 975) (oodified as
amended at Tifle 42, U.S. Code, section 6101 ef seg.), which prohibits discrimination on the basis of age in any program or
activity receiving federa I f ina ncial assistance.
Article Xlll - Civil Rights Act 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 U's C.
section 2000d et seg.;,-wnicf' provid'es that no person in the United siates will, on the grounds of race, color, or national origin,
be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or actlvllv_
receiving federal financial a€sistance. DHS implementing regulations for the Act are found at 6 c.F-R. Parl21 and 44 c.F.R.
Parl7.
Article XIV - Notice of Funding Opportunity Requirements
DHS-FEMA-EM PG-ARPA-FY21 Page 26 of 35 City of Kent EMD, E22-256
All the instructions, guidance, limitations, and other conditions set lorth in the Notice of Funding opportunity (NoFo) for this
program are incorpo-rated heie by reference in the award terms and conditions. All recipients must comply with any such
requirements set forth in the program NOFO.
Article XV - Trafficking Victims Protection Act of 2000 (TVPA)
Recipients must comply with the requirements of the government-wide financial assistance award term which implements
section 106(9) of the Traffict<ing victims protection nct or zooo (TVPA), codified as amended at 22 U.s.c. section 71o4.rhe
award term iJ'located at 2 C.F.R. section '175.15, ihe full text of which is incoryorated here by teference'
Article XVI - Non-Supplanting Requirement
Recipients receiving federal financial assistance awards made under programs that prohibii supplanting by law must ensure
that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non-federal
souroes.
Article XVll - Drug-Free Workplace Regulations
Recipients must comply with drug-free workplace requirements in Subpart B (or Subpart C, if the recipient is an individual) of 2
c,r.n. part 3001, which adopts tie covernment-wide implementation (2 C.F.R. ?an ft2) of sec. 5152-5158 ollhe Drug-Free
Workplace Actof 1988 (41 U.S.C. sections 8101-8106).
Article XVlll - Federal Leadership on Reducing Text lylessaging while Driving
Recipients are encouraged to adopt and enforce policies that ban text messaging while driving as described in E.o. 13513,
including oonducting initiatives described in Section 3(a) of the Order when on official government business or when
performing any work for or on behalf of the federal government.
Article XIX - DHS Specific Acknowledgements and Assurances
All recipients, subrecipients, successors, transferees, and assignees must acknowledge and agree to comply with applicable
provisions governing bHS u"ce." to records, accounts, documents, information, facilities, and staff
i. Recipients must cooperate with any compllance reviews or compliance investigations conducted by DHS.
2. Recipients must give DHS access io, and the right to examine and copy, records, accounts, and other documents and
souroes of informltion related to the federal financial assistance award and permit aooess to facilities, personnel, and
other individuats and information as may be necessary, as required by DHS regulations and other applicable laws or
program guidance.
:. iReiipienG must submit timely, complete, and accurate reports to the appropriate DHS ofiicials and maintain appropriate
backup documentatton to support the reports.
4. Recipients must compy wittr itt other special reporting, data collection, and evaluation requirements, as prescribed by
law ot detailed in program guidance.
5. Recipients of federaliinancial assistance from DHS must complete the DHS Civit Rights Evaluation lool within thirty (30)
days of receipt of the Notice of Award or, for State Administrative Agencies, thirty (30) days from receipt of the DHS Civil
Rignts Evatuation Tool from DHS or its awarding component agency. After the initial submission for the first award under
which this term applies, recipients are required to provide this information once every two (2) years if they have an active
award, not every time an award is made. Recipients should submit the completed tool, including supporting materials,
to CiviiRightsEvaluation@hq.dhs.gov. This tool clarifies the civil ilghts obligations and related reporting requirements
contained in the DHS Standard TJrms and Conditions. Subrecipients are not required to complete and submit this tool to
DHS. The evaluation tool can be found at https./Arvww.dhs.gov/publicationidhs-civil-rights-evaluation-tool.
The DHS Office for civil Rights and civil Liberties will consider, in its discretion, granting an extension if the recipient
identifies steps and a timeline for completing the tool. Recipients should request extensions by emailing the request to
civilRightsEvaluation@hq.dhs.gov prior to expiration of the 30-day deadline.
Article XX - Best Prac,tices for Collection and Use of Personally ldentifiable lnformation
Recipients who colleot personally identifiable information (Pll) are required to have a publicly available privacy policy that
describes standards on the usage and maintenance of the Pll they collect. DHS defines Pll as any information that permits the
ideniity of an individual to be direcfly or indirectly inferred, including any information that is linked or linkable to that individual
Recipients may also find the DHS privacy lmpatt Assessments: Privacy Guidance at http:i/www.dhs.govixlibrary/assets/
DHS.FEMA-EM PG-ARPA-FY2 1 Page 27 of 35 City of Kent EMD,E22^256
privacylprivacy_pia_guidance_june2010.pdf and Privacy Template at hitps:liwww.dhs.gov/sites/default/filesipublicationsi
privacy-pia-template 2O17.pdf as useful resou rces respectively.
Article XXI - Civil Rights Act of 1968
Recipients must comply with Title Vlll of the CivilRights Act of 1968, Pub. L. 9A-284, as amended through Pub L. 113-4,
which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of
services in connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex (see
42 U.S.C. section 3601 ef seg.), as implemented by the U.S. Department of Housing and Urban Development at 24 C.F.R.
part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more
dwelling units-i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and
groundlfloor units in buildings without elevators)-be designed and constructed with oertain accessible features. (See 24 C.F.R.
Part 100, Subpaft D.)
Article XXll - Debalment and Suspension
Recipients are subject to the non-procurement debarment and suspension regulations implementing Executive orders (E.o.)
12s49 and 12689, which are at2 b.g.R. part'180 as adopted by DHS at 2 c.F.R. Part 3000. These regulations restrict
federal financial assistance awards, subawards, and contracts with certain parties that are debarred, suspended, or othenvise
excluded from or ineligible for participation in federal assistance programs or activities.
Article XXlll - Activities Conducted Abroad
Recipients must ensure that project activities carried on outside the United States are coordinated as necessary with
appropriate government authorities and that appropriate licenses, permits, or approvals are obtained
Article XXIV - Energy Policy and Conservation Act
Recipients must comply with the requirements of the Energy Policy and Conservation Acf, Pub- L. 94- 163 (1 975) (codified as
amended at 42 U.S.C, section 6201 et seq.), which contain policies relating to energy efficiency that are defined in the state
energy conservation plan issued in compliance with this Act.
Article XXV - Procurernent of Recovered Materials
States, political subdivisions of states, and their contractors must comply with Section 6002 of the Solid Waste Disposal Act,
pub. L.
'gg-272 (1960), (codified as amended by the Resource Conservation and Recovery Act, 42 U.S.C. section 6962.) The
requirements otseotion 6002 include procuring only items designaied in guidelines of the Environmental Protection
Agency (EpA) at 40 c. F.R. part.247 that contain the highest percentage of recovered materials practicable, consistent with
maintaining a satisfactory level of competition.
Article XXVI - Terrorist Financing
Recipients must comply with E-o 13224 andU.S. laws that prohibit transactions with, and the provisions of resources and
support to, individuals and organizations associaied with terrorism. Recipients are legally responsible to ensure compliance
with the Order and laws.
Article XXVII - Hotel and Motel Fire Safety Act of 199O
ln accordance w1h Section 6 of the Hote! and Motel Fhe Safety Act of 1990,15 U S.C section 2225a, recipients must ensure
that all conference, meeting, convention, or training space lunded in whole or in part with federal funds complies with the flre
prevention and control guiJetines of the Federa I Fire Prevention and Control Act of 1974, (codified as amended at 15 U.S.C.
section 2225.)
Article XXVlll - Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R, Part 200, Subpart E may not
be charged to oiher federal financial assistance awards to overcome fund deficiencies; to avoid restrictions imposed b7
federal ltut,rt". regulations, or federal financial assistance award terms and conditions; or lor other reasons. However, these
prohibitions would iot preolude recipients from shifting costs that are allowable under two or more awards in accordance wiih
existing federal statutes, regulations, or the federal financial assistance award terms and conditions.
Article XXIX - Fly America Act of 1974
DHS-FEMA-EM PG.ARPA-FY21 Page 28 of 35 City of Kent EMD,E22-256
Recipients must comply with preference for U.S. Flag Air Carriers (air carriers holding certiflcates under 49 U.S C.
section 411aqfor international air transportation of people and property to the extent that such service is available, in
accordance withthe lnternational NrTransportation'raircompetitivePractices Actof 1974,49 U.S.C. section40l'18, and
the Interpretative guidelines issued by the Comptroller General of the United States in the March 31, 198'1 , amendment to
Comptroller Ge neral Decision P.139942.
Article XXX - Reporting of Matters Related to Recipient lntegrity and Performance
lf the total value of any currenfly active grants, cooperative agreements, and procurement contracts from all federal awarding
agencies exceeds $t o,ooo,ooo tor any period of time during the period of performance of this federal award, then the
re"cipients must comply with the requirbments set forth in the government-wide Award Term and Condition lor Recipient
lntegrity and performance Matters located at 2 c,F.R. Part 20b, Appendix Xll, the full text of which is incorporated here by
reference in the award terms and conditions.
Article XXXI - Lobbying Prohibitions
Recipients must comply with 31 u.s.c. section 1352, which provides ihat none of the funds provided under a federal financial
assistance award may be expended by the recipient to pay any person to influence, or attempt to influence an officer or
employee of any agency, a Member oi Congress, an officer or employee of Congress, or an employee of a Member of
congress in conneitionwith any federal act'ion related to a federai award or contract, including any extension, continuation,
renewal, amendment, or modification,
Article xxxll - False Glaims Act and Program Fraud civil Remedies
Recipients must comply with the requirements of the False Claims Act,31 U'S.C. sections 3729- 3733, which prohibit the
submission of false or fraudulent claims for payment to the federal government. iSee 31 U.s.c. sections 3801 -38'12, which
details the administrative remedies for false claims and statements made.)
Article XXXlll - Federal Debt Status
All recipients are required to be non-delinquent in their repayment of any federal debt. Examples of relevant debt include
delinquent payroll and other taxes, audit disallowances, and beneflt overpayments (See OMB Circular A-129^)
Article XXXIV - Nondiscrimination in Matters Pertaining to Faith-Based Organizations
It is DHS policy to ensure the equal treatment of faith-based organizations in social service programs administered or
supported by DHS or its component agencies, enabling those organizations to participate in providing important social
services to beneficiailes. Recipients niust comply witn ihe equal treatment policies and requirements contained in 6 C'F R'
part 1g and other applica5e slatues, regulations, and guidance governing the participations of faith-based organizations in
individual DHS programs.
Article XXXV - Education Amendments ol 1972 (Equal Opportunity in Education Act) - Title lX
Recipients must comply with the requirements of Title lX of the Education Amendments of 1972, Pub. L 92-318 (1972j
lcooiRed as amended it zo u.s.c. section 168i ef seg.), which provide that no person in the United states will, on the basis
of sex, be excluded from participation in, be denied the
'benefits
of, or be subjected to discrimination under any educational
program or activlty receiving federal financial assistance. DHS implementing regulations are codified at C F.R Pat' 17 and 44
C.F.R. Part 19.
Article XXXVI - GoPYright
Recipients must aflix the applicable copyright notices of 17 U.S.C, sections 4Q1 or 4o2 and an acknowledgement of U S.
Government sponsorship (including tne'awarc number) to any work first produced under federal financial assistance awards,
Article xxxvll - Reporting Subawards and Executive Gompensation
Recipients are required to comply with the requirements set forth in the government-wide award term on Reporting Subawards
and Executive compensation located ai 2 C.F.R. Pari 170, Appendix A, the full text of which is incorporated here by reference
in the award terms and mndltions,
Article XXXVlll - Use of DHS Seal, Logo and Flags
DHS-FEMA.EM PG-ARPA-FY21 Page 29 of 35 City of Kent EMD, E22-256
Recipients must obtain permission from their DHS FAO prior to using the DHS seal(s), logos, crests or reproductions of flags
or likenesses of DHS agency olficials, including use of the United States Coast Guard seal, logo, crests or reproductions of
flags or likenesses ol Coast Guard officials.
Article XXXIX - Whistleblower Protection Act
Recipients must comply with the staiutory requirements for whistleblower protections (if applicable) at '10 U.S.C section 2409,
41 U.S.C. section 4712, and 1O U.S.C. section 2324, 41 U.S.C. sections 4304 and 4310.
Article XL - Assurances, Administrative Requirements, Cost Principles, Representations and Gertifications
DHS flnancial assistance recipients must complete either the office of Management and Budget (OMB) Standard Form 4248
Assurances - Non-Construction programs, or oMB Standard Form 424D Assurances - Construction Programs, as applicable
Certain assurances in these documents may not be applicable to your program, and the DHS linancial assistance office (DHS
FAO) may require applicanis to certify additional assurances. Applicanis are required to fill out the assurances applicable to
their program as instructed by the awarding agency. Please contact the DHS FAO if you have any que$ions.
DHS financial assistance recipients are required to follow the applicable provisions of the Uniform Administrative
Requirements, Cost principles, and Audit Requirements for Federal Awards located at Title 2, Code of Federal Regulations
(C.F.R.) Part 200, and adopted by DHS ai 2 C.F.R. Part 3002.
By accepting this agreement, the recipient and its executives, as defined in 2 C.F.R. section 170.315, certify that the
recipieni's p-oti"i"" ire in accordance with OMB's guidance located at 2 C, F. R. Part 200, all applicable federal laws, and
relevant Executive guida nce.
Article XLI - Disposition of Equipment Acquired Under the Federal Ararard
When original or replacement equipment acquired under this award by the recipient or its subrecipients is no longer needed
for the original project or program or for other activitles currently or previously supported by a federal awarding agency, you
must requ-est instructions'from fe 1i4n to make proper disposition of the equipment pursuant to 2 C.F R Section 200.313.
Article XLll - Patents and lntellectual Property Rights
Recipients are subject tathe Bayh-Dale Act,35 U.S.C. section 200 ef seg, unless otherwise provided by law, Recipients are
subject to tne specific requirements governing the development, reporting, and disposition of rights to inventions and patents
r""utting from federal financial assistince awlrds located at 37 C.F R. Part 401 and the standard patent rights clause located
at 37 C.F.R. section 401.14.
BUDGET COST CATEGORIES
Personnel $438,972.00
Fringe Benelits $170,301 00
Travel
Equipment
Supplies
Contractual
Construction
$0.00
$0.00
$16 875 00
$3,596,694.00
$0 00
lndirect Charges $49,226.00
Other $0,00
D H S-FEMA-EMPG-ARPA-FY21 Page 30 of 35 Gity of Kent EMD, E22-256
Obllgating Docune ni for Award/Amendmcnt
6. RECIPIENT NAME AND 7. ISSLBIG FEMA OFF1CE AND
ADDRESS ADDRESS
lVashington Military FEMA-GPD
Dcparlment 400 C Strest, SlV, 3rd lloor
Building 20 Washington, DC20472-3645
Camp Murray, WA, 98430 - POC. 866-927-5646
5122
8. PAYI/DNT OFFICE AND ADDRESS
FEMA Finance Center
430 Market Street
Winchester, VA22603
la. AGREEIMENT NO.
EIvIS-202 I -EP-00m8- S0 1
9, NAME OF RECIPIENT
PROJECT OFFICER
Tirzah Kinche 1oe
1I. EFFECTI\N DATE OF
THIS ACTION
10lou202a
PROGRA}4
NAME
ACRONY\,1
CFDANO.
Emergency
lvlanatcment
PcliorRlance
Grarts
9-t "042
2. AMENDMENTNO,
,t,l.,B
PHONENO
2535127456
12.
IvIETHOD
OF
I]AYMEN'I
PARS
3.
RECIPIENT
NO.
91COO1095G
4. T1?E OF ACTION
AWARD
5. CONTROLNO
FY2O2IRlOEMPGARPA
10.NAME OF FElvlA PROIECT COORDINATOR
Central Schedulurg and Information Desk
Phone: 800-368-6498
Em ail : Askcsid@dhs. gov
13. ASSISTANCE ARRANGEIv{ENT 14. PERFORMANCE PERIOD
Cost Reimbursement Fronr: 'l'o:
1010112020 o9t3u2a23
Budgct Pcriod
1010112020 09f3t2023
I 5. DESCRIPTION OF ACTION
a. (Indicate lunding data for awards or linancial changes)
ACCOTIfITING DATA
(ACCS CODE)
)L\CYX-)CG-)L\ccglx-
x)oL\oi-xx )c(-x)oax -x
202i -FD-GAOl-R1 07- -4I20-D
PRIOR
TOTAL
AWARD
A]vIOUNT
A\,VARDED
THIS
ACTION
+ oRG)
CI-IRRENT
TOTAL
A\ATARD
$0.00 $2.136.034.00 $2,136,034.00
s0.00 $2,136,034,00 32,136,034.00
CUMULA|IVENON-
f EDERAI CO!IvIIT]vIE'{T
See Totals
$2J136'034.00
b. To describe changes other than ftnding data or frnancial changes, attach schedule and check here.
N/A
l6 a. FORNON-DISASTERPROGRAMS:RECIPIENT IS REQUIRED To SIGNAND RETUR\ THREE (3) COPIES OF THIS
DOCUMENT TO FEIvLA (See Block 7 for aclcJress)
EmergencyManagementperformance Grantsrecipients are notrequirecl to sign andretum copies of this document. However, recipients
should print anci keep a copy of this docutnent for their records'
l6b. FoR DISASTEI{ PROGR.{MS: RECIPIENT IS NOT REQUIRED TO SICN
This assistance is subject to term s and conditions attached to this ar.vard notice or by rncorporated reference in Progrom legislation cited
above.
17. RECiPIENT SIGNATORY OFFICIAL (l'Jame and Title)
Tirzah Kincheloe, Mrs
DATE
Wed Sep 0i lti:27:.16 GM'l
2021
DATE
tvlon Aug 30 15:41 :01 Gt\tI
2021
18. FEMA SIGNATORY OFFICIAI Qrlame nndTitle)
TiIERESA \4USCAT BARA, kogram Manager
DHS-FEMA-EMPG-ARPA.FY21 Page 31 of 35 City of Kent EMD, E22-256
Attachment D
WORK PLAN
FY 2021 E ency Management Performance Grant- American Rescue Plan Act
of Kent - Eme ent DivisionMa
The purpose of EMPG-ARPA is to assist with the enhancement, sustainment and improvement of state, local, and
tribal emergency management programs. Activities conducted using EMPG-ARPA funding should relate directly to the
five elements of emergency management: prevention, protection, response, recovery, and mitigation. Washington
State does not require a specific number of activities to receive EMPG-ARPA funding. However, there are required
capabilities that must be sustained in order to remain eligible for EMPG-ARPA funding, including but not limited to the
ability to communicate and warn, educate the public, plan, train, exercise, and be NIMS compliant. The Work Plan
delineates the Emergency Management Organization's emergency management program planning and priority focus
for this grant cycle (to include EMPG grant and local funds)
4.10 Exercises, Evaluations, and Corrective Actions
Operational CoordinationPrimary Core Capability
Operational CommunicationsSecondary Core GPabiliU
Sustaini ng/MaintainingEuild or Sustain
ANTICIPATED PROJECT IMPACTIDENTIFIED GAP/NEEDWORK PTANNED
Trained and identified staff who are
better able to resPond to an
incident/event within our CitY.
To enhance the City's capabilities
through identification of roles,
training and exercising.
Hire a consultant to provide section
specific training and a comPleted
exercise to identified ECC staff. lncluded
costs are consultant fee, books,
manuals, and sustenance for training'
Priority Area #1
4.2 Hazard Mitigation
Community ResiliencePrimarv Corc Capa bility
PlanningSecondary Core CaPability
Sustaining/Mainta iningBuild or Sustain
ANTICIPATED PROJECT IMPACTtDENT|FTED GAP/NEEDWORK PTANNED
Staff who are prepared for disasters
at home are better equiPPed to come
back to work to helP the CitY then
respond to the event.
Continued efforts to have
employees and their families be
prepared at home for any disaster
Purchase solar lanterns for the
employees as part of the emPloYee
prepa redness campaign.
Priority Area #2
4.9 Training
Community ResiliencePrimaryCore Capability
Operational CoordinationSecondary Core CaPabilitY
Sustaining/Mainta iningBuild or Sustain
ANTICIPATED PROJECT IMPACTTDENTTFTED GAP/NEEDWORK PTANNED
Fully trained staff and volunteers
who are better able to resPond to
the Kent ECC/DOCs in an
incident/event.
To increase job skills and
knowledge in Emergency
Management functions.
Conduct trainings and/or send EM Staff,
City Staff, Fire Staff, and EM Volunteers
to career development workshoPs,
seminars, conferences, and training for
emergencv management.
Priority Area #3
4.11 Emergency Public lnformation and Education
Community Resilience
Operational CoordinationCore
Priority Area f4
DHS-FEMA.EMPG-ARPA-FY21 Page 32 of 35 City of Kent EMD,E22-256
Eulliler6.uiFlr'l sustaining/M ainta ining
WORK PLANNED IDENTIFIED GAP/NEED ANTICIPATED PROJECT IMPACT
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.
Focus is needed to build
community safety and emergencY
preparedness for both adults and
youth.
More youth and adults interested in
emergency preparedness and having
the knowledge of how to Prepare for
and respond during a disaster.
Additionally, an engaged community
who feel involved and have a better
understanding of their role in the
event ofa disaster.
Conduct specialized CERT/Prepa redness
classes for local businesses,
neighborhoods, and schools.
A known gap is that the
community is not self-relianU 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.
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.
DHS-FEMA-EM PG.ARPA-FY2 1 Page 33 of 35 City of Kent EMD,E22'256
Attachment E
TIMELINE
FY 202l Emergency Management Pe rformance G rant'American Rescue Plan Act
DATE TASK
June 1 ,2021 Grant Agreement Start Date
July 31 ,2022 Subm it reimbursement request
December 31,2022 Grant Agreement End Date
February 15,2023 Submit final reimbursement request, final repod, training
requi rement report, a nd/or other de I iverables.
The Subrecipient must request pflgl written approval from Department Key Personnel to waive
or extend a due date in the above Timeline.
For waived or extended reimbursements, all allowable costs should be submitted on the next
scheduled reimbursement due date contained in the Timeline.
DHS-FEMA-EM PG.ARPA-FY21 Page 34 of 35 City of Kent EMD, E22-256
Attachment F
BUDGET
FY 2021Emergency Management Performance Grant - American Rescue Plan Act
soruTloN
AREA BUDGET CATEGORY
Personnel & Fri Benefi ts
Tra vel Di
Su lies
Cons u lta nts
Other
Personnel & Fri efi ts
Travel Diem
Su
cts
nel & Fri Ben
les
Cons I ta nts a cts
Personn Fri Benefits
Travel Diem
5u
Consul cts
Other
t
Personnel Fri n Benefits
Travel
5u ies
Cons ulta n tra cts
Other
I ndi rect
21EMPG-ARPA AWARD
su btota I
btota I
su btota I
Subtota I
su btota I
EMPG AMOUNT MATCH AMOUNT
24 1
L
13 L
1
10 73r
5
(t
=zz
sc
zo
N
=c,co
cts
nsuCo
Other
DiemTra
Su
ulIA
LT&
UJxul
5u
ul
19z
=EF
*3ctul s
oU
.............t
lndired Cost Rate on file 0.04%for Time Period of:
TOTAL Grant Agree ment AMOUNT: S 24,23t s 24,23t
The Subrecipient will provide a match of $24,231of non-federal origin, 50% of the total project cost (local
budget plus EMPG-ARPA award).
Cumulative transfers to budget categories in excess of ten percent (10%) of the Grant Agreement Amount
will not be reimbursed without prior written authorization from the Depadment.
Funding Source, U.S. Department of Homeland Security - Pl# 713PA - EMPG-ARPA
D HS-FEMA-EM PG-ARPA-FY2 1 Page 35 of 35 City of Kent EMD,E22-256
SIGNATURE AUTHORIZATION FORM
WASHINGTON STATE MILITARY DEPARTMENT
Camp Murray, Washington 98430-5122
Please read instructions on reverse side before completing this form.
NAME OF ORGANIZATION
City of Kent - Emergency Management
DATE SUBMITTED
112412022
PROJECT DESCRIPTION
Emergency Management Performance Grant - ARPA
CONTRACT NUMBER
E22-256
1. AUTHORIZINGAUTHORITY
TITLE/TERM OF OFFICEPRINT OR TYPE NAMESIGNATURE
MayorDana Ralph
Fire Chief
!
Matthew Morris
I
2. AUTHORIZED TO SIGN CONTMCTSICONTRACT AMENDMENTS
TITLEPRINT OR TYPE NAMESIGNATURE
MayorDana Ralph
Fire ChiefMatthew Morris
V
3. AUTHORIZED TO SIGN REQUEST$ FOR REIMBURSEMENT
TITLEPRINT OR ryPE NAMESIGNATURE
EM Goordinator llt;Aru\i
Jennifer Keizer
EM - Division ChiefJeff DiDonato,yi/
1\HOMEIKARENB\,..\WP\SIGNAUTH Revised 3/03
INSTRUCTIONS FOR STGNATURE AUTHORIZATION FORM
This form identifies the persons who have the authority to sign contracts, amendments,
and requests for reimbuisement. lt is required for the management of your contract with
the Military Department (MD). Please complete all sections. One copy with original
signatures is to be sent to MD with the signed 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
matches the signature on file. The payment can be delayed if the request is
presented without the proper signature. lt is important that the signatures in MD's files
are current. Changes in staffing or responsibilities will require a new signature
authorization form.
1. Authorizing Authority. Generally, the person(s) signing in this box heads
the governing body of the organization, such as the board chair or mayor. ln
some cases, the chief executive officer may have been delegated this
authority.
2. Authorized to Sign Contracts/Contract Amendments. The person(s) with
this authority should sign in this space. Usually, it is the county
commissioner, mayor, executive director, city clerk, etc-
3. Authorized to Sign Requests for Reimbursement. Often the executive
director, city clerk, treasurer, or administrative assistant have this authority.
It is adviiable to have more than one person authorized to sign
reimbursement requests. 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.
Washington Military Department Contract Number: -"-'""-
Debarment, Suspension, lneligibility or Voluntary Exclusion Qgglification Form
lnstructions For Gertification Regarding Debarment, suspension, lneligibility and voluntary Exclusion"Lower
Iier Govered Transactions
Doing business as (DBA)
Kent cyNAME
Jeff DiDonato
Federal EmPloYer Tax
ldentification #:
WA Uniform Business
ldentifier (UBl)
173-000-002
Applicable Procurement
or Solicitation #, if any:ADDRESS
400 West Gowe #414 Kent, WA 98032
toasisThis
SIGN IN G THE c ERTI FICATION.Federal regulatio ns requrre contractors and bidders to sign and
READ CAREFULLY BEFORE order to participate in certai n transactions directly
ab ide by the terms of this certificati otr'witho ut modification n
lnvolvl federal funds
1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out
below.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this
transaction was entered into. lf it is later oeterminio that the prospective'lower tier participant knowingly rendered an
erroneous certiflcation, in addition to other remedies available to the Federal Government the department or agency
with which tnis transaciion originated may pursue available remedies, including suspension and/or debarment'
3. The prospective lower tier participant snlll provide immediate written notice to the department, institution or office to
which this proposal is submitted it at any tir"ne 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, prip*i-""d voluntirily excluded, as.used in this clause, have the meaning
set out in the Definitions and coverage ,"'"tioni of rules implementing Execulive order 12549. You may contact the
person to which tfris-pioposal is submitted for assistance in obtaining a copy of those regulations'
s. The prospective lower tier participant airees by submitting this propbsat thai,. should the proposed covered
transaction be entered into, it shall not knowingly enter into aiy lowei tier covered. transaction with a person who is
proposed for debarment under the applicabte dfn, debarred, suspended, declared ineligible, or voluntarily excluded
from participation in this covered transaction, unless authorized by the department or agency with which this
transaclion originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled
..certification Regarding Debarment, 6uspeision, ineligibility and voiuntary 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 rery upon a certification of a prospective participant in a lower tier covered
transaction trrat it is not propor"o tor o"uirr"ni uno"r applicable cFR, debaned, suspended, ineligible, or voluntarily
excluded from covered transactions, unless it knows that'the certification is erroneous. A participant may decide the
rnethod and frequency by which it oetermines the eligibility of its principals. Each participant may, but is not required
to, check the List oiFlrtii,. Excluded from Federal Procurement and Non-procurement Programs'
g. Nothing containeJ in lh" ior"going shail be construed to require establishment of a system of records in order to
render in good faith the certification *qrir"o uvihis clause..The knowledge and information of a participant is not
required to exceed ttrat wnicn is normatty fossessec by a-prudent person in ih.e ordinary course of business activity'
g. Except for rransactions authorizeo unoJr-paragiapn 5 of
'these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered'traniaciion with a person who is proposed for debarment under applicable
cFR, suspended, debarred, ineligibl", ol. uorrni"rily 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 particiPa nt certifies, by submission of this prop osal or contract, that neither it nor its
p rincipals is presently debarred, susPen ded, proposed for debarment, declared ineligible, or voluntarily excluded
from participation in this transaction bY anY Federal dePartment or agency Where the ProsPective lower tier
part icipant is unable to certifY to any of the statements in this certification,such prosPective ParticiPant
attach an explanation to this form.
Bidder or Contractor Signature:
Print Name and Title:Jeff Di - Division Chief / Emergency Mgr
Date:t L3
shall
EXHIBIT C
MEMORANDUM OF UNDERSTANDING
Appointment of Liaison
EMPG Grant Agreement Nos. E22-t42 and E22-256
The puget Sound Regional Fire Authority appoints the following person as the
liaison ior the Memorandum of Understanding between the City and the Kent
Fire Department Regional Fire Authority; this person shall be responsible for
overall administration of the EMPG funded program:
Liaison: Jennifer Keizer, Emergency Management Program Coordinator
MOU, Kent and RFA
EMPG E-142and256
EXHIBIT D
INSURANCE REQUIREMENTS FOR
EPMG E22-L42 AND E22.256 SUB.AWARD AGREEMENTS
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
oi in connection with the performance of the work hereunder by the RFA, their
agents, representatives, employees or subcontractors'
B. Minimum Amounts of Insurance
RFA shall maintain the following insurance limits:
1. Commercial General Liabilitv insurance shall be written with
minimum limits of $3,000,000 per occurrence and in the aggregate
for each 1 year policy period. This coverage may be any
MOU, Kent and RFA
EMPG E22-142 and 256
A. Minimum ScoPe of fnsurance
RFA shall obtain insurance of the types described below:
1. Commercial General Liabilitv insurance shall be written on ISO
oc equivalent, with minimum limits of
$3,000,000 per occurrence and in the aggregate for each 1 year
poiicy period'. This coverage may be any combinatig.n.gf prima.ry,
umbieila or excess liability coveiage 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 yeard following Substantial Completion of the work.
Tlie Commeriial General Liability insurance shall be endorsed to
provide the Aggregate per Project Endorsement ISO form CG 25 03
11 85. The C1[y Strall be named as an Additional Insured
under the contactor's commercial General Liability
insurance policy with respect to the work pefformed for the
City. All endoriements adding Additional Insureds shall be
issiled on form CG 20 10 11 85 or a form deemed equivalent,
providing the Additional Insureds with all policies and
endorsements set forth in this section.
2. Automobile Liabilitv insurance covering all owned, non-owned,
h'trea an-leased vehicles. Coverage shall be written on Insurance
Services Office (ISO) form CA 00 01 or a substitute form providing
equivalent liability c6verage, If necessary, the policy shall be
endorsed to provide contractual liability coverage.
3. Workers'Compensation coverage as required by the Industrial
Insurance laws of the State of Washington'
EXHIBIT D (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.
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:
The RFA's insurance coverage shall be primary insurance as respect
the city. Any insurance, self-insurance, o1 insq'g1ce pool coverage
maintained ny tne City shall be excess of the RFA's insurance and
shall not contribute with it.
The RFA's insurance shall be endorsed to state that coverage shall
not be cancelled by either party, except after thirty (30) days.prior
written notice by 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 or on behalf of the RFA and a copy of the endorsement naming
the City as additional insured shall be attached to the Certificate of
Insurance. The City reseryes the right to receive a certified copy
of all required insurance policies. The RFA's Commercial General
Liability insurance shall also contain a clause stating that coverage
shall apply separately to each insured against whom claim is made
or suit is brought, except with respects to the limits of the insurer's
liability.
MOU, Kent and RFA
EMPG E22-142 and 256
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 tool!, machinery, equ.ipment, or
motor vehicles owned oi rented by the RFA, or the RFA's agents, suppliers or
contractors as well as to any temporary structures, scaffolding and protective
fences.
2
1
2
3
EXHIBIT D (Continued)
E. Waiver of Subrogation
The RFA and the City waive all rights against each other any of their
Subcontractors, Sub-subcontractors, agents and employees, each of the other, for
damages caused by fire or other perils to the extend covered by Builders Risk
insurance or other property insurance obtained pursuant to the Insurance
Requirements Section of this Contract or other property insurance applicable to the
work. The policies shall provide such waivers by endorsement or otherwise'
F. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less
than A:VIL
G. Verification of Coverage
RFA shall furnish the City with original certificates and a copy of the amendatory
endorsements, including but not necessarily limited to the additional insured
endorsement, evidencing the Automobile Liability and Commercial General Liability
insurance of the RFA before commencement of the work'
H. Subcontractors
RFA shall include all subcontractors as insureds under its policies or shall furnish
separate certificates and endorsements for each subcontractor, All coverages for
subcontractors shall be subject to all of the same insurance requirements as stated
herein for the RFA.
MOU, Kent and RFA
EMPG E22-142 and 256
CITIES INSURANCE ASSOCIATION OF WASHINGTON
CERTIFICATE OF COVERAGE
Cert#:
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES
NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE MEMORANDUM OF COVERAGE (MOC) BELOW. THIS CERTIFICATE OF COVERAGE DOES
NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: IF THE CERTIFICATE HOLDER IS AN ADDITIONAL COVERED PARTY, THE MOC MUST BE ENDORSED. IF SUBROGATION IS WAIVED, SUBJECT TO
THE TERMS AND CONDITIONS OF THE MOC, CERTAIN COVERAGE MAY REQUIRE AN ENDORSEMENT. A STATEMENT ON THIS CERTIFICATE DOES NOT CONFER
RIGHTS TO THE CERTIFICATE HOLDER IN LIEU OF SUCH ENDORSEMENT(S).
THIS IS TO CERTIFY THAT THE COVERAGES LISTED BELOW HAVE BEEN ISSUED TO THE COVERED MEMBER NAMED
INDICATED, NOT WTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF CONTRACT OR OTHER DOCUME
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE COVERAGE AFFORDED BY THE MOC DESCRIBED HEREIN IS SUBJ
ABOVE FOR THE COVERAGE PERIOO
NT WTH RESPECT TO WHICH THIS
ECT 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
ACCORDANCE
CERTIFICATE HOLDER AUTHORIZED REPRESENTATIVE
Puget Sound Regional Authority
246'11 - 116th Ave SE
Kent, WA 98030
PRODUCER COMPANIES AFFORDING COVERAGE
Clear Risk Solutions
451 Diamond Drive
Ephrata, WA 98823
Phone: (509) 754-2027 Fax: (509) 754-3406
GENERAL LIABILITY
ClAw / Old Republic Specialty lnsurance Undenflriters
AUTOMOBILE LIABILITY
CIAW / Old Republic Specialty lnsurance Underwriters
PROPERTY
CIAW / Old Republic Specialty lnsurance Underwriters et al.
CRIME / PUBLIC EMPLOYEE DISHONESTY
CIAW / Old Republic Specialty lnsurance Underwriters
COVERED MET'BER
Puget Sound Regional Fire Authority
24611 - 1 t6th Avenue SE
Kent, WA 98030
COVERAGES
TYPE OF COVERAGE MOG NUMBER iIOC EFF
DATE
MOC EXP
DATE
DESCRIPTION LIMITS
GENERAL LIABILITY
L|ABtLtTY C1AW212247269 12t112021 12t112022 TE
OCCURRENCE FORM
PRODUCT-CO MP/OP AGG
PERSONAL&ADV. INJURY
EACH OCCURRENCE
ANNUAL PROGRAM AGGREGATE
s25,000,000
$1 5,000,000
$1 5,000,000
$50,000,000
INCLUDES STOP GAP
LIABILITY IS SUBJECT TO A $5OO,OOO SIR PAYABLE FROM PROGRAM FUNDS)
AUTOMOBILE LIABILITY
ANY AUTO c1Aw212247269 12t112021 12t112022 COMBINED SINGLE LIMIT
ANNUAL PROGRAM AGGREGATE
s1 5,000,000
NONE(LIABILITY IS SUBJECT TO A $5OO,OOO SIR PAYABLE FROM PROGRAM FUNDS)
PROPERTY
2247269 12t1t2021 ALL RISK PER OCC EXCL EQ & FL
EARTHQUAKE PER OCC
FLOOD PER OCC (exceptFzA&v, which is
$1Mrr)
ANNUAL PROGRAM AGGREGATE
$1 00,000,000
s1 5,000,000
$1 5,000,000
NONE(PROPERTY lS SUBJECT TO A $50o,ooo SIR PAYABLE FROM PROGRAM FUNDS)
CRIME/PTJBLIC EMPLOYEE DISHONESTY
ctAvt212247269 12t1t2021 12t112022 $1,000,000
(CRIME IS SUBJECT TO A $25,OOO SIR PAYABLE FROM PROGRAM FUNDS)
DESCRIPTION OF OPERATIONS
'
LOCATIONS
'
VEHICLES
'
SPECIAL ITEMS
Evidence of Coverage.
ctAw 2021-2022 Page 1