HomeMy WebLinkAboutCAG2022-188 - Original - S.K. Miller Consulting - Subrecipient Monitoring Services for the Cities EMPG E22-142 & E22-256 - 05/09/2022KENT
Agreement Routing Form
For Approvals, Signatures and Records Management -
This form iombines & reflaces the Request for Mayor! Signature and Contract Cover Sheet forms.
(Print on pink or cherry colored papeOwAsHrNoroN
IE
oLco.
Originator:
Robert Goehring
Department:
Finance
Date Sent:
0510612022
Date Required:
0510612022
Authorized to Sign:
EI Director or Designee E MaYor
Date of Council APProval:
Budget Account Number:
10009000.64190.2155
Budget? EYes E No
Grant? EYes ENo
Type:
c
.9+,
IE
ELor-
E
tPtro
EooL
UI
Vendor Name:
S.K Consulting
Category:
Contract
Vendor Number:
1251611
Sub-Category:
Original
Project Name:Monitoring Services -
Agreement Nos. E22-
Emergency Management Performance Grant (Grant
142 andE22-256)
The CitY is required
Project Details: ms1. The City'does
to perform grant monitoring activities designed.to
noi have the pre-requisite knowledge or expertise
ensure that EMPG grant requirements are
to perform these monitoring services.
Agreement Amount: $ 1,500.00
starr Date: 01 10112022
Basis for Selection of Contractor: Other
Termination Date: N/A
v
Local Business? trYes E No*
*lf meets requirements per KCC 3.70.100, please complete "vendor Purchase-Local Exceptions' form on Cityspace.
Notice required prior to dlsclosure?
trYes EI No
Contract Number:
Date Routed to the MaYor's office:
Date Routed to the CitY Clerk's Office:
ol
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ad(W22y3-l-20 Visit Documents.KentwA.gov to obtain copies of all agreements
CAG2022-188
5/10/22
KENT
CONSULTANT SERVICES AGREEM ENT
between the CitY of Kent and
S.K. Miller Consulting
THIS AGREEMENT is made between the city of Kent, a washington municipal corporation (hereinafter
the ,'City"), and S,K. Miller Consulting organized under the laws of the State of Washington, located and
doing buiiness at 610 H Street Northeast, Auburn, WA 98002 (253) 293-578I (hereinafter the
"Consultant").
I. DESCRIPTION OF WORK.
The Consultant shall perform the following services for the City in accordance with the following
described plans and/or specifications:
The Consultant will perform subrecipient monitoring services as identified in Exhibit A with
respect to the City's Emergency Management Performance Grants (hereafter "EMPG),
identified as Grant Agreemenl Nos. E22-142 and E22-256 which are attached as Exhibits B
and C, which are incorporated by this reference.
The Consultant further represents that the services furnished under this Agreement will be_performed
in accordance with generally accepted professional practices within the Puget Sound region in effect at the
time those services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in
Section I above immediately upon the effective date of this Agreement. The Consultant shall complete the
work described in Section I and provide the monitoring reports to the City by forty-five (45) days each time
after the puget Sound Regional Fire Authority has submitted a reimbursement request to the Washington
State Military oepartment under Grant Agreement Nos. E22-142 and E22-256 effective January L,2022.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed
g1,5OO including applicable Washington State sales tax, for the services described in this
Agreement. ThJs is the maximum amount to be paid under this Agreement for the work
described in Section I above, and shall not be exceeded without the prior written authorization
of the City in the form of a negotiated and executed amendment to this agreement. The
Consultanl agrees that the hourly or flat rate charged by it for its services contracted for
herein shall iemain locked at the negotiated rate(s) for a period of one (1) year from the
effective date of this Agreement. The Consultant's billing rates shall be as delineated in
Exhibit A.
B. The Consultant shall submit a written invoice to the City for the cost of the services provided
pursuant to this Agreement after each related monitoring report has been provided to the
City. The City shall provide payment within forty-five (45) days of receipt of an invoice' If
the City objects to ali or any portion of an invoice, it shall notify the Consultant and reserves
the opiion io only pay that portion of the invoice not in dispute. In that event, the parties
will immediately make every effort to settle the disputed portion.
CONSULTANT SERVICES AGREEMENT - 1
($20,000 or Less)
C. Card payment Program. The Consultant may elect to participate in automated credit card
pay.en6.wiAeO for Oy the City and its financial institution. This Program is provided as an
alternative to payment by check and is available for the convenience of the Consultant. If the
Consultant voiuntarily participates in this Program, the Consultant will be solely responsible
for any fees imposed'by financial institutions or credit card companies. The Consultant shall
not charge those fees back to the City.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent contractor-
Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in
accordance with Ch. 51.08 RCW, the parties make the following representations:
A. The Consultant has the ability to control and direct the performance and details of its
work, the City being interested only in the results obtained under this Agreement.
B. The Consultant maintains and pays for its own place of business from which the
Consultant's services under this Agreement will be performed.
c.The Consultant has an established and independent business that is eligible for a
business deduction for federal income tax purposes that existed before the City
retained the Consultant's services, or the Consultant is engaged in an independently
established trade, occupation, profession, or business of the same nature as that
involved under this Agreement.
The Consultant is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal Revenue
Service and the state Department of Revenue.
The Consultant has registered its business and established an account with the state
Department of Reverue and other state agencies as may be required by the
Consultant's business, and has obtained a Unified Business Identifier (UBI) number
from the State of Washington.
The Consultant maintains a set of books dedicated to the expenses and earnings of its
business.
v. TERMINATION. Either pafty may terminate this Agreement, with or without cause, upon
providing the other party thirty (30) days written notice at its address set forth on the signature block of
tnis Rgr:eement. Aiter'terminaiion, the City may take possession of all records and data within the
Consultant,s possession pertaining to this project, which may be used by the City without restriction. If the
City's use of tne Consultant's records or data is not related to this project, it shall be without liability or legal
exposure to the Consultant.
VI. FORCE MAJEURE, Neither parry shall be liable to the other for breach due to delay or failure
in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood,
or other natural disastei or acts of government ("force majeure event"). Performance that is prevented or
delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent
to the other that at the time of signing this Agreement, they are able to perform as required and their
performance will not be prevented,-hindered, or delayed by the current COVID-19 pandemic, any existing
state or national declarations of emergency, or any current social distancing restrictions or personal
protective equipment requirements that may be required under federal, state, or local law in response to
the current pandemic.
If any future performance is prevented or delayed by a force majeure event, the party whose
performance is p.evented or delayed shall promptly notify the other party of the existence and nature of
the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be
effective only to the extent and duration of the force majeure event causing the prevention or delay in
performance and, provided, that the party prevented or delayed has not caused such event to occur and
continues to use diiigent, good faith efforts to avoid the effects of such event and to perform the obligation.
CONSULTANT SERVICES AGREEMENT - 2
($20,000 or Less)
D
E
F
Notwithstanding other provisions of this section, the Consultant shall not be entitled to, and the City
shall not be liable for, the payment of any part of the contract price during a force majeure event, or any
costs, losses, expenses, da'mages, or delay costs incurred by the Consultant due to a force majeure event.
performance that is more costly due to a force majeure event is not included within the scope of this Force
Majeure provision.
If a force majeure event occurs, the City may direct the Consultant to restart any work or
performance that may have ceased, to change the work, or to take other action to secure the work or the
project site during the force majeure event. The cost to restart, change, or secure the work or project site
aris-ing from a diiection by the
-City under this clause will be dealt with as a change order, except to the
extenl that the loss or damage has been caused or exacerbated by the failure of the Consultant to fulfill its
obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be
borne by the Consultant.
vII. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the
Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national
origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who
is q-uaiifiea and available to perform the work to which the employment relates. The Consultant shall execute
the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative
policy I.2, and upon completion of the contract work, file the attached Compliance Statement.
VIII. INDEMNIFICATION, The Consultant shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or
suits, including-all iegit costs and attorney fees, arising out of or in connection with the Consultant's
performance o? thir A-greement, except for that portion of the injuries and damages caused by the City's
negligence.
The City's inspection or acceptance of any of the Consultant's work when completed shall not be
grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine thatthis Agreement is subjectto RCW 4.24.LL5'
then, in the event of liability for damages arising out of bodily injury to persons or damages to property
caused by or resulting from the concurient negligence of the Consultant and the City, its officers, officials,
employees, agents arid volunteers, the Consulfant's duty to defend, indemnify, and hold the City harmless,
and the Consultant's liability accruing from that obligation shall be only to the extent of the Consultant's
negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL
INSUMNCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES
TUNTNTN ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
In the event the Consultant refuses tender of defense in any suit or any claim, if that tender was
made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court
having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then
the Consultant shail pay all tfre City's costi for defense, including all reasonable expert witness fees and
reasonable attorneys; fees, plus the-Cityt legal costs and fees incurred because there was a wrongful refusal
on the Consultant's Part.
The provisions of this section shall survive the expiration or termination of this Agreement.
IX. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement,
insurance of the types and in the amounts described in Exhibit D attached and incorporated by this reference.
CONSULTANT SERVICES AGREEMENT - 3
($20,000 or Less)
x. EXGHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable
accuracy of any information supplied by it to the Consultant for the purpose of completion of the work under
this Agreement,
xI. owNERSHIp AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings,
designs, reports, or any other records developed or created under this Agreement shall belong to and
becdme the property of tne City. All records submitted by the City to the Consultant will be safeguarded by
the Consultant. The Consultant shall make such data, documents, and files available to the City upon the
City,s request. The Consultant acknowledges that the City is a public agency subject to the Public Records
eci codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to
cooperate fully with the City in satisfying the City's dutiesand obligations under the Public Records Act. The
City,s use or ieuse of any of the doturients, data, and files created by the Consultant for this project by
unyon" other than the Consultant on any other project shall be without liability or legal exposure to the
Consultant.
xII. CITY,S RIGHT OF INSPECTION. Even though the consultant is an independent contractor
with the authority to control and direct the performance and details of the work authorized under this
Agreement, the work must meet the approval of the City and shall be subject to the City's general right of
inspection to secure satisfactory completion.
XIII. WORK PERFORMED AT CONSULTANT'S RISK. The Consultant shall take all necessary
precautions and shall be responsible for the safety of its employees, age_nts, and subcontractors in the
performance of the contract work and shall utilize all protection necessary for that purpose., All work shall
'be done at the Consultant's own risk, and the Consultant shall be responsible for any loss of or damage to
materials, tools, or other articles used or held for use in connection with the work.
XIV. MISCELLANEOUS PROVISIONS.
A. Recvclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its
contractors and consultants to use recycled and recyclable products whenever practicable. A price
preference may be available for any designated recycled product'
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the
covenants and agreenrents -ontained in this Agreement, or to exercise any option conferred by this
Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those
covenants, agreements or options, and the same shall be and remain in full force and effect.
C. Resolution of Disoutes and Governing Law. This Agreement shall be governed by and
construed in accorda-nce w'rttrthe laws of the State of Washington. If the parties are unable to settle any
dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means
of iesolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules
and jurisdiition of tire ring County Superior Court, King County, Washington, unless the parties agree in
writing to an alternative d'rlpute resolulion process. In any claim or lawsuit for damages arising from the
partiei' performance of this Agreement, eaih party shall pay all its legal costs and attorney's fees incurred
in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or
award prov'ided by l5w;-orovided, however, nothing in this paragraph shall be construed to limit the City's
right to indemnification under Section VIII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the parties at
the addresses listed-on ttre signature page of the Agreement, unless notified to the contrary' Any written
notice hereunder shall become effective three (3) business days after the date of mailing by registered or
certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this
Agreement or such other address as may be hereafter specified in writing.
E. Assionment. Any assignment of this Agreement by either party without the written consent
of the non-assigning party snait Ue voia. If the non-assigning party gives its consent to any assignment,
the terms of thG Agreement shall continue in full force and effect and no further assignment shall be made
without additional written consent.
CONSULTANT SERVICES AGREEMENT - 4
($20,000 or Less)
F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement
shall be binding untess in writing and signed by a duly authorized representative of the City and the
Consultant.
G. Entire Aqreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereio, shall supersede all prior verbal statements of any officer or other representative
of the City, and such statements shall not be effective or be construed as entering into or forming a part of
or altering in any manner this Agreement. All of the above documents are hereby made a part of this
Agreemenl. However, should any language in any of the Exhibits to this Agreement conflict with any
language contained in this Agreement, the terms of this Agreement shall prevail.
H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal
laws, rules, and-{utations tnat are now effective or in the future become applicable to the Consultant's
business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of
the performance of those operations.
I. public Records Act. The Consultant acknowledges that the City is a public agency subject to
the public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes,
emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may
be subject to public review and discloiure, even if those records are not produced to or possessed by the
City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties
and obligations under the Public Records Act.
J. City Business License Reouired. Prior to commencing the tasks described in Section I,
Contractor agrees to prwide proof of a current city of Kent business license pursuant to Chapter 5'01 of the
Kent City Code.
K. Counteroarts and Signatures bv Fax or Email. This Agreement may be executed in any
number of counterparts, each of which shall constitute an original, and all of which will together constitute
this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page
to the other by fax or email and that signature shall have the same force and effect as if the Agreement
bearing the original signature was received in person.
IN WITNESS, the parties below execute this Agreement, which shall become effective on
the last date entered beiow. All acts consistent with the authority of this Agreement and prior
CONSULTANT SERVICES AGREEMENT - 5
($20,000 or Less)
CONSULTANT:
By
Print ame Sarah K. Miller
Its: Owner
DATE 51512022
CITV OF KENT:
By
Print Name: Paula Painter, CPA
Its: Finance Director
DATE:
to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed
to have applied.
IIn this field, yo! may enter the electrcnic filepath where the cont6.t has been sved]
CONSULTANT SERVICES AGREEMENT - 6
($20,000 or Less)
NOTICES TO BE SENT TO:
CONSULTANT:
Sarah K. Miller
S.K. Miller Consulting
610 H Street Northeast
Auburn, WA 98002
(253) 293-5781 (telePhone)
(facsimile)
NOTICES TO BE SENT TO:
CITY OF KENT:
Robert Goehring, CFE, CPA, City Auditor
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(253) 856-5262 (telePhone)
(253) 856-6255 (facsimile)
ATTE
ttlL]"
ntC Clerk
DECLARATION
crw oF KENT EQUAL EMPLOYMENT OPPORTUNIW POLTCY
The city of Kent is committed to conform to Federal and state laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City's equal employment opportunity policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, Jubcontractor or suppiier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives ouilines, it will be considered a breach of contract and it will be at the City's sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of sex,
race, Zolor, national origin, age, or the presence of all sensory, mental or physical disability.
3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
Before acceptance of this Agreement, an adherence statement will be signed by me, the
prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referenced above
By
4
5
Fori
Title:
Date
EEO COMPLIANCE DOCUMENTS - 1
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: L.2 EFFECTIVE DATE: January 1, 1998
SUBJECT:
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and state
laws. All contractors, subconfractors, consultants and suppliers of the City must guarantee equal
employment opportunity within their organization and, if holding Agreements with the City
amounting to 910,000 or more within any given year, must take the following affirmative steps:
Provide a written statement to all new employees and
commitment as an equal opportunity employer'
subcontractors indicating
Z. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards tl," City's
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City's equal employment opportunity
policY.
Z. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
MINORITY AND WOMEN
CONTRACTORS
SUPERSEDES: APril 1, 1996
APPROVED BY Jim White, MaYor
1
EEO COMPLIANCE DOCUMENTS - 2
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
-
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered into on
the (date) between the firm I represent and the City of
Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
For:
Tiile:
Date
By
EEO COMPLIANCE DOCUMENTS - 3
EXHIBIT A
CONSULTANT SERVICES AG REEM ENT
Scope of Work and Price ProPosal
EMPG Grant Agreement Numbers E22-L42 and E22'256
Consultant Services Agreement
S.K. Miller Consulting
1 1.. {",1niii'r ,.. ,rrr",ir!lrir:,
t]
i:,.., \.. rjrr
April2L,2022
Robert A. Goehring
City Auditor
City of Kent
220 Fourth Ave. S
Kent, WA 98032
RE: Scope of Work and Price Proposal - EMPG Grant Subrecipient Monitoring
Mr. Goehring,
I'm pleased to submit this Scope of Work and Price Proposal pursuant to your
request for an EMPG grant subrecipient monitor.
My company proposes to do the following
provide a qualified subject matter expeft with previous experience as both an
EMPG Administrator and an EMPG Subrecipient Monitor.
Conduct grant monitoring of entities that the City of Kent passes EMPG
monies through to.
Verify that grant activities conform to laws, rules, and procedures that are
specific to the EMPG grant program. This will be done through:
o Review of performance reports
o Monitoring and documentation of completed agreement deliverables,
to include review of exercise after-action reports, training records,
funded event reports, purchases, personnel expenditures, and other
performance items listed in the grant agreement
o Review of documentation required to address all of the above,
including e-mails, documented phone calls, invoices, training and
exercise rosters, etc.
o On-site visits as necessary (and subject to COVID protocols) to view
equipment and other items that cannot be provided electronically.
Provide monitoring services no more than two (2) and not less than one (1)
time per EMPG grant cycle, to coincide with established EMPG repofting
requirements.
Create a report, to be delivered to the City of Kent, which details whether
grant provisions have been met. Please note that recommendations related
[o the'monitoring findings will not be made. If deficiencies are found, they
will be specifically noted, however no corrective action recommendations will
provided.
o
a
a
a
a
l lPage
For these services, my company will charge a flat fee of $1500 for each EMPG
grant cycle, to be paid upon completion of the final monitoring report. This fee is
i-nclusive of all vehlcle use, mileage, tolls, office space, supplies, and any other
costs that may be associated with carrying out the activities specified above.
Thank you for the opportunity to submit this proposal. If you have any
questions, please contact me via e-mail at sarah@skmillerconsulting.com or via
phone at253-293-5781.
Sincerely,
<7Tw)M
vilErrah K
Principal
2lPage
EXHIBIT B
CONSULTANT SERVICES AGREEMENT
Grant Agreement
EMPG Grant Agreement Numbet E22-1,42
Consu ltant Services Agreement
S.K. Miller Consulting
Washington State Military
P NCE FACE
3. Granl Agreement Number:
E22-142
2. Grant Agreement
t71,041
1. Subrecipient NamE and Address:
Kent, City of
Emergency Management Dlvision (EMD)
220 4th Ave S
Kent. WA 98032-5838
6. Grant Agreement End Date:
$eptember 3A,2022
5. Grant Agreement Slarl Date:
June'1, 2021
rqoehrins@kentwa.gov
4. Subrecipienl Conlact, phone/email:
Robert A. Goehring, 253{56'5262
9. UBI # (stale revenue):
173-000.002
8. Dala Universal Numbering Syslem (DUNs)
0202536{3
z, Departmenl conlact, phone/email:
Michael Alston, 253-51 2-7083
michael.alston@mil.wa-gov -,.-,-10. Funding AuthoritY:
Washlnston State MllltarY Oepa
# (formerly CFDA) & Tille:
97.042 {2lEMPG}
13. Assistance12. FederalAward Date:
0811012021
11. Federal Award lD # (FAIN)
EM5-2021-EP-00007€01
16. EIN:
9l-6001
15. Program lndex # & OBJ/SUB'OBJ;7l3PT tlz14. Total Federal Amount:
97,582,922
1 9. Women/Minority-Owned, State
Certified: El run I uo
OM\A'BE
18. Servlce Area by County(ies):
King
17. Service Dislricts:
(sY LEGISLATIVE DISTRICT)i 11, 33, 47
{BY CONGRESSIONAL DISTRICTI: 8,I
21. Contract Type (check all lhat apply):
I Contracl E Grant
39.
E Agreemenln
Aoreemenl Classifi calion:
d Personal Services il Clent Services X Public/Localcov't
20.
I other
Subrecipient Type (check all that 6pPly):
U Private Organization/lndividualE puOtic Organizalion/JurisdiclionI corurnecroR E sueREctfleNr
I For-Prolitfl Non-Profit
D otnen
23.
n ritea doFM? D Advertised? n YEs
ZZ. SuUecipient Seleclion Process:
I 'To all who apply & qualiff" ! Competitive Bidding
E sote source tr A/E Rcw il rutn
trruo
24
this
.s.
to
of
Department ls the ReclPient a
whlch ls lncorporated ln and
€P-{10007o.EMS-2021NDHSEITIIPGLetterAwardGlorrant2lofthendEntityPass-throughThe tofunde theamadeolsubawardawardFederalAttachmentasandchasattachedheretosotu3eforFederaloffundsawardtotheThetsaccountableDepartmentubrecrsuanttothlsreemenlsAgSubrecipientlplentpu
those programs as described in the Work Plan
this all referencedandtermslheofsAgreement,includingtheandacknowledgeacceptDepartmentubrecipientIN
Thisbelow.the daleasofexecutedhavelhisandmadeandAgreernentinarewhichhereof,partAtlachmentsincorporaledhereby
LetterAwardEMPG21andTermsConditionsGeneral(Attachment B)&Terms Condilions A);Sheel:Face (AttachmentAgreementSpecial
otherallandF)PlanWork Timeline BudgetE);(Attachment-s01 D);(Attachm€ntEM5-2021-EP-00007 c);(Atlachmenl(Attachment
theandtheconditionsconlainhereinlheallandbyparliesgovemtermsardreferencedagreeduponincorporaleddocumenlsexpresslyoflhislhemallerororalthisregardingsublectotherwise,No otherlheofto understandings,andhts Agreemenl.obligations partiesrig
lheofto
precedence in the lollowing order:
1. Applicable Federal and State Statutes and Regulations
2. DHSTFEMA Award and prognm documenis
4. Special Terms and Conditions
5, General Terms and Conditions, end,
provided herein, the inconsistenry shall be resolved byln lhe evenl an inconsistency in this Agreement, unless otherwise
3.and 6.ons of the
Washington Slate Military Deparlment
BOILERPLATE APPROVED AS TO FORM:
Dawn C. Corlez [Augusl10,2021l
Assistant Altomey General
l('/1-Lr
TO FORM (if applicable):
E
City
Dale
Review
Anne Hesse, Chief Financial Officer
parties hereto have executed this Agreement on the
12t912021
Dale
LLlt6na2l
DateSignature
Dana
Cily of Kent
Morris, Fire Chief
FOR THE SUBRECIPIENT:
year last
DHS.FEMA-EMPG.FY21 Page 1 of36 Cily of Kent EMD,E22'142
Attachment A
SPEGIAL TERttlS AND CONDITIONS
ARTICLE I. KEY PERSONNEL
lne in-Ov.-Ouals listed Oetow snall be considered key personnel for point of contact under lhis Agreement. Any
iursiiiuiion ot rev perionnet ui bither pirty shall be drade by writteh notification to the current key personnel.
PIENT NT
Name Michael AlstonNameRobert A. Goehrins
Proqram CoordinatorTitleGitv AuditorTitle
imail M ichael.alston@mi l.wa.qovrooehrinq@kentwa.govEmail
Phone 253-512-7083Phone253-856-5262
Name Tirzah KincheloeNameMatthew Morrie
Prosram ManaqerTitleFire ChiefTitle
tirzah.ki ncheloe@mil.wa.sovEmailm I morris@-pu getsou n dfire. orgEmail
Phone 253-512-7456Phone253-8564311
Name Courtney BemusJeff DiDonatoName
Title Proqram AssistantTitleEM Division Chief
Email cou rtnev. bem us@mil.wa. govEmailididonato@pu getsou ndfi re.org
253-316-6438Phone253-8564345Phone
NameJennifer KeizerName
TitleEM Prooram CoordinatorTitle
EmailEmailid keizer@pugetsou ndfi re.org
PhonePhone253-8564342
NameNamePaula Painter
TitleTitleFinance Director
Emailooainter(@kentwa.govEmail
PhonePhone2s3-856-5260
ARTICLE II, ADMINISTRATIVE AND'OR FINANCIAL REQUIREMENTS
The Subrecipient shall comply with all applicable state and federal laws, rules, regulations, requirements and
program guidance identified or referencbO in tnis Agreement and the informational documents published by
bHSffEfri'n applicable to the 21EMPG Prograrn, including, but not limited to, all criteria, restrictions, and
reguirements bi rne Depaftment of Homelaid Security (DHs) Notice of Funding Or.norty!t|.(^!oF0) Fiscal
ye'ar (Fy) 2021 Emergency Management Performance Grant (EMPG) document, lhe FEMA Preparedness
Granti fiianuatdocumeld (tire Manull), the DHS Award Letterfor Grant No. EME-2021'EP'000a7-901, and the
federal regulations commonly applicable to DHSIFEMA grants, all of which are incorporated herein by reference.
The DHS Award 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 appropiiated federal funds. The Subrecipient agrees that it will not
i-rold the bepirtment, the state of Washington, or the United States liable for any damages, claim for
reimbursement, or any type of payment whatsoever for services performed under this Agreement prior to
distribution of appropriited' federal funds, or if federal funds are not appropriated or in a particular amount.
A. STATE AND FEDERAL REQUIREITIENTS FOR DHS/FEMA PREPAREDNESS GRANTS:
The following requirements apply to all DHS/FEMA Preparedness Grants administered by the
Department.
1. SUBAWARDS & CONTRACTS BY SUBRECIPIENT
a. The Subrecipient must make a case-by-case determination whether each agreement it
makes for the disbursement of 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-FY21 Page 2 of 36 City of Kent EMO'E22'142
2.
i. The Subrecipient must comply with allfederal laws and regulations applicable to
pass-through entities of 21EMPG 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 Program, including, but not
iimiteO to, ill criteria, restrictions, and requirements al The Department of
Homeland Security (DHS) Notice of Funding Appartuni| NOFQ Fiscal Year
(FY) 2021 Emergency Management Peiarmance Grant (EMPG) document, the
Manual, the DHS Award Letter for Grant No. EMS-2021'EP-A0007-501 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
21EMPG 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. Wthin the total Grant Agreement Amount, travel, subcontracts, salaries, benefits, printing,
equipment, and other giods and services or other budget categories will be reimbursed
on air actual cost basis upon completion unless othennrise provided in this Agreement.
b. The maximum amount of alt reimbursement 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 situation. As described in 2
GFR 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 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 (1070) or 1!o/o of modified total direct costs or choose to
negotiate a higher iate with the Department. lf the latter is preferred, the
Sulrecipient musl 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 exisling or amended, and federal maximum rates set forth at https:{www'9sagov,
and follow the most restrictive. lf travel costs exceed set state or federal limits, travel costs
shall not be reimbursed without wriften 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
expendilures for which reimbursement is sought. Reimbursement reguests must be
submitted to Reimbursements@mil.wa.qov no later 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 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 Personnel to
waive or extend a due Oite ln 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 rnay
increase required monitoring activities. Any request for a waiver or extension of a due date
in the Timeli'ne will be treate-d as a request forAmendment of the Agreement. This request
must be submitted to the Department Key Personnel sufiiciently in advance of the due
date to provide adequate time for Department review and consideration and may be
granted or denied within the Department's sole discretion'
h. Allwork under this Agreement rnust end on or before the Grant Agreement End Date, and
the final reimbursem6nt request must be submitted to the Department within forty-five (45)
days after the Grant Agreement End Date, except as otherwise authorized by either (1)
written amendment of t[is Agreement or (2) written notification from the Department to the
Subrecipient to provide additional time for completion of the Subrecipient's proiect(s).
i. No costs for purchases of equipmenUsupplies will be reimbursed until the related
equipmenUsupplies have been received by the Subrecipient, its conlractor, 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
proniUit the Subr;cipient 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 arnendment 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 (10%) of lne Grarit Agreement Amount. Any changes to budget category totals
not in compiianci with this paragraph will not be reimbursed wilhout approval from lhe
Department.
m. Subrecipients shall only use federal award funds under this Agreement to supplement
existing funds and willnh use them to replace (supplan$ non-federalJundsthat have been
budgeied for the same purpose. The Subrecipient may be required to demonstrate and
docJment that a reduction in non-federal resources occurred for reasons other than the
receipt or expected receipt of federal funds'
REPORTINGa. Wth each reimbursement request, the $ubrecipient 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. \Mth the final reimbursement request, the Subrecipient shall submit to the Department Key
personnel a final report describing all completed activities under this Agreement.
c. In conjunction w1h the final repoil, the Subrecipient shall submit a separate repor! detailing
how the EMFG Training requirements were met for all personnel funded by federal or
matching funds under this Agreement.
DHS-FEMA.EMPG-FY21 Page 4 of36 City of Kent EMD,E22'142
d. The Subrecipient shall comply with the Federal Funding Accountability and Transparency
Act (FFATAi and related OMB Guidance consistent with Public Law 109-282 as amended
by section 6202(al 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 Subrecipient, and not per agreement. The
Depirtment's Contracts 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), Threbt and Hazard ldentification and Risk Assessment (THIRA), core capabilities
issessments, 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 200.313
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 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.
ili. lnventory systern records shallinclude:
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 CFDA Number)
E. \Nho 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 investigaled 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
lffi',:illi#:ffi :[ilj,lLli3llY;#:'il'#:$5?1"'5['ffi'"?i';5'#$"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 shall develop a control system to ensure adequate safeguards
to prevent loss, damage, and theft of the property. Any loss, damage, or theft shall
be investigated, and a report generated and sent to the Department'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 estabtished and followed lo ensure the highest possible
ieturn. 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 cunently 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 totat 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 sellthem, 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 retained, sold, transferred, or otherwise disposed of with no further
obligation to the federal awarding agency.
Zl ltems with a current per-unit fair-market value in excess of $5,000
may be retained or sold. The Subrecipient shall compensate the
federal awarding agency in accordance with the requirements of 2
CFR 200.313 (e) (2).
ix. Records for equipment shall be retained by the Subrecipient for a period of six
years from the date of the disposition, replacement, or transfer. lf any litigation,
Llaim, or audit is started before the expiration of lhe six-year period, the records
shall be retained by the Subrecipient until all litigation, claims, or audit findings
involving the records have been resolved.
b. The Subrecipient shall comply with the Department's Purchase Review Process, which is
incorporated by reference and made part of this Agreement. No reimbursement will be
provided unless the appropriate approval has been received.
c. Allowable categories for the EMPG Program are listed on the Authorized Equipment List
(AEL) located on the FEMA websile at https://www.fefna.gov/grants/quidance:
toolsiauthgrized-equipment-list. lt is important that the Subrecipient and any non-federal
ntmakesasubawardregardtheAELasanauthorized
purc-hasing list identifying items allowed under the specilic grant program and includes
items that may not be caiegorized as equipment according to the federal, state, local, and
tribal definitions of equipment. The Subrecipient is solely responsible for ensuring and
documenting purchased items under this Agreement are authorized as allowed items by
the AEL at time of purchase.
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 all mandatory regulatory
and/or Ofisfgnln 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
5.
e. !f funding is altocated to emergency communications, the Subrecipient must ensure that
all projeits comply with SAFEGOM Guidance on Emergency Communications Grants
ensuring the investmenls are compatible, interoperable, resilient, and support national
goals and objectives for improving emergency communications.
f. Effeclive August 13, 2020, FEMA recipients and subrecipients, as well as their contractors
and subcontiactors, may not obligate or expend any FEMA award funds tol
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 crilical 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
as 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 criticaltechnology as part of any system.
This prohibition regarding certain telecommunications and video surveillance services or
equipment is mandated by seAion 889 of the John S. McCain National Defense
Authorizatian Act for Fiscal Year 2A19 (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 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 200.216, covered
telecomm unications 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, securily of government facilities, physical
security
'surveillance of critical infrastructure, and other national security
purpos-es, video surveillance and telecommunications equipment produced by
Hytera Communications Corporation, Hangzhou Hikvision Digital Technology
Company, or Dahua Technology Company {or any subsidiary or afliliate 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
birector oi National Intelligence or the Director of the Federal Bureau of
lnvestigation, reasonably believes 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 managernent requiremglt:
that meet or exceed the requirements outlined above to any non-federal entity to which
the Subrecipient makes a subaward under this Agreement.
ENVIRONN'ENTAL 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 httos:l/www.fema.oov/qrants/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-FYz1 Page 7 of 36 City of Kent EMD,E22-14?.
8.
faciliges, must participate in the DHSIFEMA EHP review process prior to initiation.
Modification of existing buitdings, including minimally invasive improvements such as
attaching monilors to interior walls, and training or exercises occurring outside in areas
not considered previously disturbed, also require a DHS/FEMA EHP review before project
initiation.
c. The EHP review process involves the submission of a detailed project description lhat
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 rbquirements outlined in applicable guidance must be met. The EHP review
process must be completed and FEltJtA approval received by the Subrecipient before
any work is started for which rEimbursement will be laler requested. Expenditures for
prjlects starled 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 2gO'.927 and as specified in the General Terms and Conditions (Attachment B,
A.10).
b. For all sole source contracts expecled to exceed $250,000, the Subrecipient must submit
to the Deparlment for pre-procurement review and approvalthe procurement documents,
such as requests for proposals, invitations for bids and independent cost estimates. This
requiremeni 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 Subrecipieni
makes a subaward.
SUBRECIPIENT MONITORINGa. The Department wilt monitorthe activities of the Subrecipient from award to closeout. The
goal of the Department's monitoring activities will be to ensure that agencies receiving
f?deral pass-thiough funds are in compliance with this Agreement, federal and state audit
requirernents, fed-eral grant guidance, and applicable federal and state financial
regulations, as well as 2 CFR Part 200 Subpart F.
b. To document compliance with 2 CFR Part 200 Subpart F requirements, the Subrecipient
shall complete and return to the Department 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 Gontracts Ofiice will request the Sub_recipient submit an
upOateO 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. Documentalion of phone calls, meetings (e.g. agendas, sign-in sheets, meeiing
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 demonslrations
7
DHS-FEMA.EMPG.FY21 Page 8 of 36 Cily of Kent EMD,E22-142
8.
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 reguired to meet or exceed the monitoring activities, as outlined
above, for any non-federal entity to which the Subrecipient makes a subaward as a pass'
through entity under this Agreement.
e. Compliance will be monitored throughout lhe performance period to assess risk. Concems
will be addressed through a Corrective Action Plan'
LuultTED ENGLISH PROFICIENCY (ClVlL RIGHTS ACT OF 1e64T|TLE Vl)
a. The Subrecipient must comply with the Title Vl of the Civil Rights Ac! of. 1964 (Title Vl)
prohibition against discrimination on the basis of national origin, which requires that
bubrecipientJ 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 lang_uage
assistance services, including oral interpretation and written translation, Executive Order
13166, lmproving Access to Services for Persons with Limited English Proficiency (August
11,2000), requires federal agencies to issue guidance to recipients, assisting such
organizations and entities in understanding their language_ ?9ce!s. obligationl DHS
puitished 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, Z}fil. The Guidance 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 effbctive plan on language assistance for LEP persons' F,or
additionalassistance and information regarding language access obligations, please refer
to the DHS Recipient Guidance at https://!vwriv.dhs.qov/quidancqpublished-helo-:
deoarlment-suorprted-oroanizations-provide-meaninoful-access-people-limited and
additional resources on httos://www.lepgov.
NIMS COMPLIANCEa. The National lncident Management System (NIMS) identifies concepts and principles that
answer how to manage emirgencies 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 capabilities needed to achieve a secure and resilient nation,
b. Consistent implementation of NIMS provides a solid foundalion 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 ptinning, 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
$ubrecipient will ensure all NIMS objectives have been initiated and/or are in progress
toward completion. NIMS lmplementation Objectives are . localed at
httos:#rrvunnr.fema.oov/sites/defaulUfiles/2020-07/fema nims implementation-obiectives-
20180530.pdf.
9.
DHS-FEMA-EMPG-FYz1 Page 9 ol 36 Cily of Kenl EMD,E22-142
B EMPG PROGRAM SPECIFIC REQUIRETUENTS
The Department receives EMPG funding from DHS/FEMA, to assist state, local, and tribalgovernments
to enhance and sustain all-hazards emergency management capabilities as authorized by Robert T'
Stafford Disaster Relief and Emergency Alsistince 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 local jurisdictions and tribes with emergency managernent
ptbgri*r to supplement their local/tribai operating budgets to help sustail anq enhance emergency
r"il"g"m"nt capabilities pursuant to Washington Administrative Code (WAC) 118-09'
a. The Subrecipient shall use the EMPG funds authorized under this Agreement only to pedorm
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 supplani existing local or tribal government funding of
emergency management Programs.
c. The Subrecipient shall provide a fifty percent cash match of non-federal origin. The Federal ghare
apptied toward the EMFG budget shall not exceed fifly_pelcent-g|th." total budget as submitted
ani approved in the application-and documented in the Budget (Aftachment F). To meet matching
requirements, the Subrecipient's cash matching contributions musl be verifisble, reasonable,
allowable, allocable, and necessary under the grant program andrnust comply with all Federal
requirements and regulations, including, but not limited to, 2 CFR Part 200. An appropriate
mechanism must be ii 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 parlicipate in the State's annual lntegrated Preparedness Planning Workshop
(lppq.' Non-participalion 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 witn the 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 witt coordinate approval with- the State Training Point of
Contact. pursuant-to DHSFEMA Grant Programs Directorate lnformation Bulletin No' 432,
Review and Approval Requirements forTraining Courses Funded Through Preparedness Grants,
https: //www.fem a. q ov/sites/defaulUfiles/20201 _ _g finat 7 tg le.pOt, the training must fall within
theFEMAmipient'sEmergencyoperationsPlan.This
requirement only applies to training courses and does not include attendance at conferences.
Furthermore, aJoitionat federal afprovals are required for courses that relate to Countering
Violent Extremism prior to attendance.
f. All personnel funded in any part through federal award or malching funds under this Agreement
shalt comptete and record proof of complelion of:
i. NIMS training requirements outlined in the NIMS Training Pry9ram located^at
httos://rrr rrruv.fema.oov/odf/emergency/nilns/nims trainins ,orogram.odf (to include ICS-
100JCS.200, lS-700, and lS-800 for most personnel) and
ii. Either (1) the Fenln Professional Devetopment Series lS-120, lS-230, lS-235, lS-240, lS-
241,ld-242, and lS-244, or (2) the National Emergency Management Basis Academy.
The Subrecipient will report training course completion by individual personnel along with the final
report.
DHS TERMS AND CONDITIONS
nr " Sult"cipient of 21EMpG funding, the Subrecipient shall comply with all applicable DHS terms and
conditions of the ZI EMPG Award Letter and its incorporated documents for DHS Grant No. EMS-2021-
Ep-00007-S01, which are incorporated and made a part of this Agreement as Attachment C.
a
c
DHS-FEMA-EMPG.FY21 Page 10 of 36 Cily of Kenl EMD,E22'142
4.1
A,2
A.3
4.4
d.
e.
f
g.
Attachment B
Washington State Military Department
GENERAL TERMS AND CONDITIONS
Department of Homeland Security (DHS[
Federal Emergency Management Agency (FEMAI
Grants
DEFINITE)NS
As rJsed throughout this Agreement, the terms witl have lhe same meaning as defined in 2 CFR 200
Subpart n (wnich is incorporated herein by reference), except as otherwise set forth below:
a. *Agreement" means this Grant Agreement.
b, "Departmenf'means lhe 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 Department is a recipient of a federal award directly from a
federal awarding agincy and is the pass-through entity making a subaward to a Subrecipient
under lhis Agreement.
c. "lnvestmenf means the grant application submitted by the Subrecipient describing the project(s)
forwhich federal funding ii sought and provided underthis this Agreement. Such grant application
is hereby incorporated into this Agreement by reference.
"Monitoring Activities' means all administrative, financial, or other review activities that are
conducted [o ensure compliance with all state and federal laws, rules, regulations, authorities,
and policies.
,,stakeholders Preparedness Report (SPR)'The SPR is an annualthree-step self-assessment
of a communily'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 entity identified on the Face Sheet of this Agreemenl that has received a subaward
from the Department. However, the definition of 'subrecipient" 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 hetps 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 fordetermining a community's capability gaps during the SPR process.
ADVANCE PAYMENTS PROHI BITED
tsinadvanceorinanticipationofgoodsorseryicestobeprovided
under this Agreement. Subreciiient sfratl not invoice the Department in advance of delivery and invoicing
of such goods or services.
AMENDMENTS AND MODIFICATIONS
ayrequest,inwriting,anamendmentormodificationofthis
Agreement. However, such amendmeni or modification shall not be binding, tale e{ect or be
in-corporated herein until made in writing and signed by the authorized representatives of the Department
anO tne 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
approuit of the Award performince period, followed up with a mutually agreed written amendment, or (2)
writt"n notification from the Department to the $ubrecipient to provide additional time for completion of
the Subrecipient's project(s).
AMER|CANS WTH plsABlLlTlES ACT (ADA) OF 1990. P-tlBLlc LAW:1q1:-339=4? i.Sr.gi !491=ET
IONS ALSO REFERRED TO AS THE ?DA'28 CFR PATI
35.ile Subrecipient must comply with the ADA, which provides comprehensive civil rights protection to
individuals wittr Oisabilities'iri the areas of employment, public accommodations, state and local
government services, and telecommunication.
DHS.FEMA-EMPG-FY21 Page 11 of36 City of Kent EMD,E22-142
A.6
A.5
A.7
A.8
ASSURANCES
ThffieFattment 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'
theSubrecipientcertifiesthattheSubrecipientisnot
prl.inity debarred, suspended, propos-d for debarment, declared ineligible, or voluntarily excluded from
participating in this Agreement by any federal department or agency.
The Subrecipient shall complete, sign, and relurn a Ceftification Regarding. Debarmenf' Suspension,
initigion,ty, and Voluntary Eictusionfirm located at http,s:4mil.wa.oov/r:qquirgdqr.antforms. Any such form
"orif"t"i'by the Subrecipientforthis Agreement snail Oe 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 itwillensure
that potential contiacton oi subrecipientJor any of their principals are not debaned, suspended,
piopor"o for debarment, declared iheligible, or voluntarily excluded from participation in 'covered
iransactions' by any federal department or agency. 'Govered transactions" include procurement
contracts for goods or services awarded under a non-procurement transaction (e.9. grant or cooperative
agreement) t-hat are expected to equal or exceed $25,000, and subawards to subrecipients for any
airount. \Mth respecl to covered transactions, the Subrecipient may. comply. with this provision by
oni"ining a iertiRcitlon statement from the potential contractoror subrecipient or by checking,the System
forAwafuManagement@maintainedbythefederalgovernment.TheSubrecipient
alsoagreesnoitoente@tsorconlractswithanypartyontheWashingtonStateO"prtt?runt of Labor and lndustries' "Debaned Contractor lisf'
ifiG:tts;cure.tni.wa . The Subrecipient also agrees not
i racts for the purc,hase of goods and services with any party on.the
Department of interprise Services' Debaned Vendor Lisf (https://unflw.des.wa.qov/serviceslcqntracting-
puichasinq/doino-business-state/vendor-debarment),
CERTIFICATION REGARDING RESTRICTIpNS gN LpBBYING
; ertifies that to the best of its knowledge and
Uetier:'(l) no federally appropiiated funds have been paid or will be paid by or on behalf of the
Subrecipient to any peison ior influencing or attempting to influence an officer or employee of 1q agency,
a Member of CongrLss, an officer or employee of Congress, or an employeg 9f a Member of Congress
in connection with the awarding of any fiaeral contraci the making of any federal grant, the making of
"ny t"A"r"l loan, the enterini into of any cooperative agreement, and the extension, continuation,
reiewal, amendment, or modifrcation of any federal contract, grant, loan, or.cooperative agreement; {2)
tnaiif any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence in officer or employee of any qg_ency, a Member of Congress, an
officer orimployee'of bongress, or an employee of a-Member of Congress in connection with this
Agreemint, gr"nt, loan, or c-oopeiative agreement, the Subrecipient will complete and submit Standard
F6rm-LLL,
."bisclasure'Form ti Repoft fobbying," in accordance with its instructions; (3) and that, as
appficaUte, the Subrecipient will require that ihe language of this certification be included in the award
dbtuments for all subawards at all iers (including subcontracts, subgrants, and contracts under grants,
loans, and cooperative agreements) and inat all Subrecipients shall certify and disclose accordingly. This
certification is a materialiepresentation of fact upon which reliance was placed when this transaction was
made or entered into ano is a prerequisite for making or entering into this transaction imposed by section
1352, title 31, U.S. Gode.
CQI,IPLIANCE wTH APPLICABLE STATUTE$. RULE$ AND DEPARTMENT P9LICIES
ractorsanosunreciplenissha]lcomp]ywith,andtheDepartmentisnot
responsible'for determining compliance with, any and all applicable federal,.state, and local laws'
,"gfu"tiont, executive ordeis, oM'B Circulars, andior policies. This obligation includes, but is not limited
toinondiscrimination laws and/or policies, Energy Poliiy and Conservatlon Act (PL 94-163, as amended),
the Americans with Disab1ities Rit tROn), Age-Discrimination Act of 1975, Title Vl of the Givil Rights Act
or tgoa, civil Rights Act of 1969, the Robert T. Stafford Disasler Relief and Emergency Assistlce {9t'
(pL g3-2g8, as Jmended), Ethics in Public Service (RCW 42.32r, Covenant Against Contingent Fees !48
GFR Section 52.203-3),'iublic Records Act (RCW 42.561, Prevailing Wages on Public Works (RCW
ig.rz), State Environmental Policy Act (RCWag.21cr, Shoreline ManagementAct of 1971 (RCW90'58)'
DHS.FEMA.EMPG-FY21 Page 12 of36 Cily of Kent EMO,e22-142
State Building Code (RCW '19.271, Energy Related Building Standards (RCW 19.27Ar, Provisions in
Buildings for Aged and Handicapped Persons (RCW 70.g2r, and safety and health regulations'
ln the event of noncompliance or refusalto comply with any applicable law, regulation, executive order,
OMB Circular or policy 6y the Subrecipient, its contractors or subrecipienls, the Department may rescind,
cancel, or terminate-thi Agreemeni in whole or in part in its sole discretion. The Subrecipient is
responsibte for ail costs or liJOitity arising from its failure, and that of its contractors and subrecipients, to
comply with applicabte laws, regulations, executive orders, OMB Circulars or policies.
A,9 CONFLICT O,F INTEREST
No offtcer orffiE-toyee or the Deparlment; no member, officer, or employee of the Subrecipient or its
designees or agen[s; no mernber of the governing body of the jurisdiction in which the project is
undertaken or i-ocated; and no other offiiial 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 underlhis 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.10 CONTRACTING & PROCUREMENT
a.rnes@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 Part
ZOO.317 General procurement standards through 200.327 Contract provisions.
As required by Appendix ll to 2 CFR Part 200, all contracls 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 inflalion a-djusted amount determined by the Civilian Agency Acquisition Council and
the Defense ncqlisition Regulations Council {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 ttrai meet ttri'Oefinitidn of 'federally assisted construction contract'in 41 CFR Part
O0-1.3 must include the equal opportunity clause provided under 41 CFR 60-1'4(b), in
accordance with Executive brder 11246,"Equal Employment Oppoftunitf GA FR 12319,
1Zg3S,3 CFR Part, 1964-1965 Comp", p" 339), as amended by Executive Order 11375,
"Amending Executive Qrder 11246 Retating ta Egual Employment Opportynity," and
implemenling regulations at 41 CFR part 60, 'Office of Federal Contract Compliance
Prog rams, Eq u al Employment Oppoft unity, Dep aftment of Labor'"
4) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). \Nhen 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 comptiance with the Davis-Bacon Act (40 U'S'C. 3141-
9144, and 3146-31aS) bs supplemented by Department of Labor regulations (29 CFR Part
S, "Labor Standards Frovisions Applicable to Contracts Covertng Federally Financed and
Asslsted 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
required to pay wages not less than once a week. The non-federal entity must place a copy
of ine current'preiailing wage determination issued by the Department of, Labor in each
solicitation. The decision to award a contract or subconlract must be conditioned upon the
acceptance of the wage determination. The non-federal enlity must report all suspected or
reported violations tJttre federal awarding agency. The conhacts rnust also include a
provision for compliance with the Copeland ?nti-Kickback" Act (40 U'S.C. 3145), as
supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and
DHS-FEMA-EMPG-FY2'I Page 13 of 36 Cily of Kent etnD'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 conlractor or Subrecipient must
be prohibited from inducing, by any means, any pemon employed in the construction,
completion, or repair of public work, to give up any part of the compensation to which he or
she is otherwise entitled. The non-federal entity must report all suspected or reported
violations to the federal awarding agency.
b) 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 and 37a4, as supplemented by Department of Labor regulations (29 CFR Part 5). Under
40 U,S.C. 3lO2 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 ate 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
de-finition of 'funding agreement' under 37 CFR 5401.2 (a) and the recipient or Subrecipient
wishes to enter into a contract with a small business firm or nonprofit organization regarding
the substitution of parties, assignment or performance of experimental, developmental, or
research work under that "fundlng agreement," the recipient or Subrecipient must comply
with the requirements of 37 CFR Part 401, "Rights to lnventions Made by Nonprofit.
Organizatiois and Smalt Eusiness Firms under Government Grants, Contracls and
Cioperative Agreements," and any implementing regulations issued by the awarding agency.
7l Clean Air Act (42 U.S.C. 74A17671q.) and the Federal Water Pollution Control Act (33
U.S.C. 125'l-1i17't, as amended-Contracts and subgrants of amounts in excess of
$150,000 must contain a provision that requires the non-federal award to agree to comply
with all appticable standards, orders or regulations issued pursuant to the Clean Air Acl (42
U.S^C. :'4;bt-leZ14.) and the Federal Water Pollution Control Act as amended (33 U.S.C.
12St-1J87). Violations must be reported to the federal awarding agency and the Regional
Office of the EnvironmentalProtection Agency (EPA)'
B) Debarment and Suspension (Executive Orders 12549 and 12689)-A contractaward (see 2' CFR 180.22q 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. 1Sg) and 126E9 (3 CFR
part lggg Corp., p. 235), "Debarment and Suspensrbn." SAM Exclusions contains the
names of parties deLarred, suspended, or otherwise excluded by agencies, as w_ell.as pa(ies
declared inel6ible under statutory or regulatory aulhority 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,ObO must file the required certification. Each tier certifies to the tier above
that it will-not and has not used federal appropriated funds to pay any person or organization
for influencing or attempting to influence an officer or employee of any agency, a member of
Congress, oficer or employee of Congress, or an employee of a member of Congress in
coniection w1h obtainiig any federal contract, grant or any other award covered by 31
U.S.C. 1352. Each tier must also disclose any lobbying with non-federal funds that takes
place in connection with obtaining any federal award. Such disclosures are forwarded from
tier to tier up to the non-federal award'
10) Procurement of recovered materials - As required by 2 CFR 200,323, a non-federal entity
that is a state agency or agency of a political subdivision of a state and its contractors must
comply with seCtion 6002 of the Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act. The requirements of Section 6002 include procuring only
items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part
DHS-FEMA-EMPG-FY21 Page 14 of 36 City of Kent EMD'E22-142
247 lhatcontain the highest percentage of recovered materials practicable, consistent with
mainlaining a satisfactory level of competition, where the purchase price of the ilem exceeds
$10,000 oitne value of the quantity acquired during the preceding fiscal year exceeded
$10,000; procuring solid waste management services in a manner that maximizes energy
and resource recovery; and establishing an affirmative procuremenl program for
procurement of recovered materials identified in the EPA guidelines.
11) 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 Departmenl, the Subrecipient, the federal awarding agency, the Comptroller
General of tne United States, or any of their duly authorized representatives lo any books,
documents, papers, and records of the contractor which are directly pertinent to that specific
contract for the purpose of making audit, examination, excerpts, and transcriptions'
14) Retention of all required records for six (6) years afler the Subrecipient has made final
payments and all other pending matters are closed.
15) Mandatory standards and policies relating to energy efficiency which are contained in the
state energy conservation plan issued in compliance with the Energy Policy and
Conservation Act (Pub. L. 94-163, 89 Stat. 871).
16) Pursuant to Executive Order 13858 "strengthening Buy-American Preferences for
lnfrastructure Projecfs,' 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, alquisition, or use of goods, products, or materials produced in
ine Unlted States, as required in 2 CFR ?arl 2AO322, in every contract, subcontracl,
purchase order, or sub-award that is chargeable against federalfinancial assistance awards.
1T) per 2 C.F.R. g 200.216, prohibitions regarding certain tele,communications and video
surveillance sefuices or eqlipment is mandated by secfibn 889 of the John S. McCarn
National Defense Authorization 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 its plans and documents into
compliance with the requirements of 2 CFR Part 200.317 through 200.327 . The Subrecipienl 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 proieci costs'
a. All contracting agreements entered into pursuant to this Agreement shall incorporate this
Agreement bY reference.
DISCLOSURE
T# use or disclosure by any party of any information concerning the Department for any purpgse qot
direcly connected with t-he a-Ominiitration-of the Department's or the Subrecipient's responsibilitiesvvith
r"rpect to services provided under this Agreement is prohibited except by prior written consent of the
Department or as required to comply with the state Public Records Act, other law or court order.
DlSPUTES
Ex6ept as otherwise provided in this Agreement, when a bona fide dispute arises between the parties
ana it cannot be resolved through diicussion and negotiation, either party may reguest a dispute
resolution panel to resolve the dispute. A request for a dispute resolution board shall be in writing, state
the disputed issues, state the relaiive positions of the parties, and be sent to all parties. The panel shall
consist of a representative appointed by the Department, a representative appointed by the Subrecipient
and a third party mutually agreeO upoh by both parties. The panel shall, by majority vote, resolve the
dispute. eain pirty shall-beir the cost toi its panel member and its attorney fees and costs and share
equally the cost of the third panel member.
A.11
4.12
DHS.FEMA-EMPG.FY21 Page 15 of 36 Cily of Kenl 1MD,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 sucsessors or assigns, will protect, save and hold
harmless the Department, the state of Washington, and the United States Government and their
authorized agents and employees, from all claims, actions, costs, damages or expenses of any nature
whatsoever 6y reason of ihe acts or omissions of the Subrecipient, its subcontractors, subrecipients,
assigns, agents, contractors, consultants, licensees, invitees, employees or any person whomsoever
arising out of or in connection with any acts or activities authorized by this Agreement'
To the extent allowed by law, the Subrecipient furlher agrees to defend the Departrnent 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 concurrent negtigence of (1) the Department, and (2) the Subrecipient, its agents, or employees, this
indemnity provision Jnall Oe valid and enforceable only to lhe extent of the negligence of the Subrecipient,
or the Subreclpient's agents or employees.
lnsofar as the funding source, FEMA is an agency of the Federal government, the following shall apply:
44 CFR 206.9 Non-liability. The Federal government shall not be liable for any claim based upon the
@orthefailureloexerciseorperformadiscretionaryfunctionordutyonthe
part of a fed'eral agency or an employee of the Federal government in carrying out the provisions of the
Stafford Act.
A.14 LlMlrATlpN_oF AUTHORITY - AUTHORIZED SIGNATURE
presentthattheyhavetheauthoritytobindtheirrespective
organizltions to this Agreement. Only the Department's Authorized Signature representative and the
Auihorized Signature fopresentative of the Subrecipient or Alternate for the Subrecipient, formally
designated in -writing, shitt have the express, implied, or apparent aulhority to alter, amend, modifu, or
waivl any clause oicondition of lhis Agreement. Any alteration, amendment, modification, or waiver of
any clauie or condition of this Agreement is not effective 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 reimbursement requests, time extension requests, amendment and
m6dification requeits, requests for changes to projects or work plans, and other requesls, 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 O?te 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 'iermination for Cause" without providing the Subrecipient an opportunity to cure. Alternatively, the
parties may renegotiate the tErms 6f mis Agreement under "Amendments and Modifications'to comply
ivith new findingiimitations and conditions, although the Department has no obligation to do so.
A,16 NONASSIGNABILITY
@t,noranyclaimarisingunderthisAgreement,shallbetransferredorassignedby
the Subrecipient.
A,17 NONDISCRIMINATION
@omplywithal|applicablefederalandstatenon-discriminationlaws,regulations,
and policies. No person snalt, on the grounds of age, race, creed, color, sex, sexual orientation, religion,
national origin, marital status, honorlbly discharged veteran or military status, or disabili$ (physical,
mental, or iensory) be denied the benefits of, or otherwise be subjected to discrimination under any
project, program, or activity, funded, in whole or in part, under this Agreement.
DHS-FEMA-EMPG-FY21 Page 16 of 36 City of Kent EMD,E22-142
A.18 NOTLCES
TfrffiUrecipient shall comply with all public notices or notices to individuals required by applicable local,
state and federal laws and regulalions and shall maintain a record of this compliance.
A.1g OCCUpnIOTAL SRFEfi/HEALTH ACT and WASHlNQIglrl INDUSTRI.LL SAFETY/HEALTH ACT
(OSHA ,VISHA)
The S.,b-il'tLient represents and wanants that its workplace does now or.will meet all applicable federal
and state saiety and'health regulations that are in effect during the Subrecipienfs performance under this
Agreement. Tothe extent allowed by law, the Subrecipient further agrees to indemnify and hold harmless
the Department and its employeei and agents from all liability, damages and costs of any nature,
including, but not limited to, coits of suits and attorneys' fees assessed against the Department, as a
result of the failure of the Subrecipient to so comply.
A.2A ot NERSHIP OF PROJECT/CAPITAL FACILITIFS
cilitiesorrealpropertyimprovedorconstructedwith
funds under this Agreement, and by thid subaward of funds does not and will not acquire any ownership
interest or tile to iuch property oi ttre Subrecipient. The Subrecipient shall assume all liabilities and
responsibilities a1sing frim ine bwnership and operation of the project and agrees to indemnify 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 POLITICALACTIV]TY
@providedhereinshallbeusedforanypartisanpoliticalact|vityortofurtherthe
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
notbeusedinpaymentofanybonusorcommission
for the purposs of obtaining approval of the application for such assistance or any other approval or
concurrence under this Agleement 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 PUBLICIJY
The Subrecipient agrees to submit to the Department prior to issuance. all advertising and publicity
matters relaling to th-is Agreement wherein the bepartment's name is mentioned, or language used from
which the con-nection of the Depaftment's name may, in the Department's judgrnent, be inferred or
implied. The Subrecipient agreegnot to publish or use such advertising and publicity matters without the
prior written conient'of the bepartment. The Subrecipient m11c_opyright original work it develops in the
course of or under this Agreement; however, pursuant to 2 CFR Part 200.315, FEMA reserves a royalty-
free, nonexclusive, and Trrevocabie license io reproduce, publish or otherwise use, and to authorize
others to use the work for government purposes'
publication resulting from work performed under this Agreement shall inciude an acknowledgement of
FEMA's financial sripport, by theAssistance 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 P,ROVISION
ln the event [C Subrecipient fails to expend funds under this Agreement in accordance with applicable
federal, state, and locai laws, regulations, andlor the provisions of the Agreement, the Department
reserves the *ght to recapture'funis in an amount equivalent to the extent of noncompliance. Such right
of recapture s[all exist for the life of the project foliowing Agreement_termination. Repayment by the
Subrecipient of funds under this recapture'provision shall bccur within 30 days of demand. lnthe event
the Department is required to instiiute legal proceedings to enforce the recapture provision, the
Department shall 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 orwiitten 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
4.28
b. The Subrecipient's records related to this Agreement and the projects funded may b9 insPected
and audited-by the Department or its designee, by the Oflice 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 feAeral'ofiicials authorized by law, for the purposes of determining compliance by lhe
Subrecipient with the terms of this Agleement 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
w1h 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 undeithii Agreement. Despite the minimum federal retention requirement of three (3) years,
lhe more stringeni State requirement of six (6) years must be followed.
RESPONSIBILIW FOR PROJECT/STATEMENT,OF ] /gBK4 tqRK PIAN.
ipient with lhe projecVstatement of worUwork plan
(project) by providing federal award funds pursuant to this Agreement, the project itself remains the sole
ibrdondiuiiity of the 6ubrecipient. 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 project, ai these phraEes are applicabte to this project, is solely that of lhe Subrecipient, as is
respon'siOility for any clairn 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 notlimited 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 brought against the Subrecipient in connectlsn with the project The Subrecipient shall not look to the
Departri'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 conneltion-with any claim or lawsuit brought by any third party related to any
design, development, construction, implementation, operation andlor maintenance of a project.
SEVERABILITY
iffinyrcourt ofughtfuljurisdiction holds any provision or condilion under this Agreement or its application
to aiy p"tron oicircumstances invalid, thii invalidity does not affect other provisions, terms or conditions
of thi 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-{includinq all AMFNDMENTS}
ethefollowingauditrequirementsinanysubawards.
Non-federal entities, as Subrecipients of a federal award, that expend $750,000 or rnore in one fiscal
year of federal funds from all sources, direct and indirect, are required to have a single or a prcgram'
specific audit conducted in accordance with 2 CFR Part 200 Subpart F. Non-federal entities that spend
less than $2s0,000 a yeat in federal awards are exempt from federal audit requirements for that year,
except as noted in e cFR part 200 Subpart F. As defined in 2 CFR Part 200, the term 'non-federal entity"
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
Standanis (the Revised yellow Book) devEbped by the United States Comptroller Generaland the OMB
Complianci Supplement. The Subrecipient has the responsibility of notifying its auditor and requesting
"n "uait
in compiiance with 2 CFR pari ZOO Subpart F, to include the Washington State Auditor's Office,
a federal auditor, or a public accountant performing work using GAGAS, as app,ropriate. Costs of the
audit may be an allowaLle grant expenditure as authorized by 2 CFR Part200/25.
DHS.FEMA.EMPG.FY2l Page 18 of 36 City of Kent EMD,E22-142
The Subrecipient shall maintain auditable records and accounts so as to facilitate the audit requirement
and shalleneurethal any subcontractors also maintain audilable records. The Subrecipient is responsible
for any audit exceptions incurred by its own organization or that of its subcontractors. Responses to any
unresolved management findings and disallowed or questioned costs shall be included with the audit
report. The Subrecipient must respond to Department requests for information or corrective action
concerning audit issues or findings witnin 30 days of the date of request. The Department reserves the
right to recover from the Subrecipient all disallowed cosls resulting from the audit.
Afler the single audit has been cornpleted, 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 fl 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.
Gonducting a single or program-specific audit in compliance with 2 CFR Part 200 Subpart F is a material
requiremeit of this Agreement. ln the absence of a valid claim of exemption from the audit requirements
of 2 CFR Part 200 Subpart F, the Subrecipient's failure to comply with said audit requirements may result
in one ormore of the foitowing actions in the Departmenl's sole discretion: a percentage of federal |qq1ds
being withheld untilthe audit-is completed in accordance with 2 CFR Part 200 Subpart F; the withholding
or diiallowing of overhead costs; the suspension of federal awards until the audit is conducted and
submitted; or termination of the federal award.
SUBRECIPIENT NOT EMPLOYEE
dentcontractorrelationshipwillbecreatedbythisAgreement.The
Subrbcipient, and/or employees or agents performing under this Agreement are not employees or agents
of the Department in any minner whatsoever. The Subrecipient will not be preserrted as, nor claim to be,
an officei or employee
-of
ttre Department by reason of this Agreement, nor will the Subrecipient make
any claim, demdnd, 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 limitedJo,
Workmen's Compensation coverage, unempioyment insurance benefits, social security benefits,
retirement membership or credit, or privilege or benefit which would accrue to a civil service employee
under Chapter 41.06 RCW.
It is understood that if the Subrecipient is another state department, state agency, slate university, state
college, state community college, state board, or state commission, that the officers and employees are
employeA by the stale of Washington in their own right and not by reason of this Agreement.
TAXES. 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 TNATTON FOR CONVFN I EL{EE
Agreement,theSubrecipientmaytemrinatethisAgreementby
providing writte-n noiice of such termination to the Department Key Personnel identified in the Agreement,
specifying the effective date thereof, at least thirty (30) days prior to such date.
Except as otherwise provided in this Agreement, the Department, in its sole discretion and in the best
interests of the state of Washington, may terrninate this Agreement in whole or in part ten (10) business
days after emailing notice. Upon nolice of termination for convenience, the Department reserves the right
to iuspend all or part of the Agreement, withhold further payments, or prohibit lhe Subrecipient from
incurring additionaiobligations of funds. ln the event of termination, the Subrecipient shall be liable for all
damage-s as authorizeJ 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.
A.29
A.30
4.31
DHS.FEMA.EMPG.FY2l Page 19 of36 Cily of Kent eMD,E22-142
4.32
A.33
4.34
TERMTNATION OR SUSPENSION FOR LOSS qF FUIJpING
orsuspendallorpartofthisGrantAgreement,ormayreduce
its scope of work and Oudget, ii there is a reduction 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.
TERMTNATION OR SUSPENSION FOR CAUSF
tion,determinestheSubrecipienthasfailedtofu|fillina
timely and proper manner its obligations under this Agreement, is in an unsound financial condition so
as to endanger performance heieunder, is in violation of any laws or regulations that render the
Subrecipient unable to perform any aspect of the Agreement, or has violated any of the covenants,
agreements or stipulations of this Agreement, the Department has the right to immediately suspend or
terminate this Agreement in whole or in part.
The Department may notify the Subrecipient in writing of the need to take corrective action and provide
a period of time in whicn tocure. The Department is not required to allow the Subrecipient an opportunity
to cure if it is not feasible as determined solely within the Department's discretion. Any time allowed for
cure shall not diminish or eliminate the Subrecipient's liability for damages or otherwise affect any other
remedies available to the Department. lf the Department allows the Subrecipient an opportunity to cure,
the Department shall notify the Subrecipient in writing of the need to take corrective actlon. 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 Agreement, withhold further payments,
or prohibit the Subrecipient from incurring additional obligations of funds during investigation of the
alleged compliance breach, pending corrbctive 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 aulhorized 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 lhe replacement Agreement, e.9., cost of
aJministe6ng 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'
tf it is determined that the Subrecipient: (1) was not in default or malerial breach, or (2) failure to perform
was outside of the Subrecipient's control, fault or negligence, the termination shall be deemed lo be a
"Termination for Convenience'.
TERM INATION PROCEDURES
setforthbelow,iftheDepartmentterminatesthisAgreement,the
Subrecipient shall follow any procedures specified in the termination notice. Upon termination of this
Agreement and in addition ti iny other righis provided in this Agreemenl, the Department may require
th-e Subrecipient to deliver to th'e Department 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 tb and iccepted Uy ina Department prior to the effective date of Agreement termination, the
amount agreed upon by the iubrecipient and the Department for (i) completed work and services and/or
equipmen'l or supplies provided for which no separate price is stated, (ii) partially completed work and
t"rir". and/or 6{uipment or supplies provided which are accepted by the Department, (iii) other work,
services and/or equiiment orsupplies wfricn are accepted by the Department, and (iv) the protection and
preservation of propertY.
Failure to agree with such amounts shall be a dispute within the meaning of the "Disputes" clq!9P o[tlis
Agreement]tf tne termination is for cause, the Department shall determine the extent of the liability of the
DEpartment. The Department shall have no other obligation to the Subrecipient for termination' The
Department may wittrtrotO from any amounts due the Subrecipient such s.yry as the Department
determines to be necessary to protect the Department against potential loss or liability.
DHS.FEMA-EMPG.FY21 Page 20 of36 City of Kent EMD,E22-142
A.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
Depirtment, all of ihe rights, title, and interest of the Subrecipient under the orders and contracts
so ierminated, 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 contracts;
d. Setle all outstanding liabilities and all claims arising out of such termination of orders and
contracts, with the approval or ralification of the Department to lhe extent the Department may
require, which approval or ratification shall be finalfor all the purposes of this clause;
e. Transfer tifle 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 MINORITY AND WOMEN BUSINEES ENTERPRISEEJM:I /BE)
ssfirmsthatarecertifiedasminority.owned.and,/or
women-owned in carrying out tne purposes of this Agreement. The Subrecipient may set utilization
standards, based upon toiat conditions or may use the state of Washington MV\rBE goals, as identified
in WAC 326-30-041.
VEN.VE
Tfffireement 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 thil Rgreemeni shall be the Superior Court of Thurston County, Wasiington. The Subrecipient, by
execution of-this Agreement, acknowiedges the jurisdiction of the courts of the state of Washington.
WAlVERS
M-16Eitions or provisions of this Agreement can be waived unless approved in advance by the
O"p"rtr"nt in writing. The DepartmenG failure to insist upon strict performance of any provision of the
Agieement or to exeicise any right based upon a breach thereol or the acceptance of any performance
Ouring such breach, shall not constitute a waiver of any right under this Agreement.
DHS.FEMA.EMPG.FY2l Page 21 of36 City of Kent EMD,E22-142
Aftachment C
21EMPG Award Letter
EMS-2021 -EP-00007-s01
U.S. Department of Homeland Security
Washington, D.C.24472
Bret Daugherty
Washington Military DePa rtment
Building 20
Camp Murray, WA 98430 - 5122
Re: Grant No. EMS-2021 -EP-00007
Dear Bret Daugherty:
Congratulations, on behalf of the Department of Horneland Security, your application for financial assishance submiRed under
tne Fiscal year (Fy) 2021 Emergency Management Performance Grants has been approye_djn_t!e-annunt of $7,582,922 00
As a condition of this award, you are required to contribute a cost match in lhe amount of $7,582,922.00 of non'Federal funds,
or 50 percent of the total approved project costs of $15,165'8214 00
Before you request and receive any of the Federal funds awarded to you. you must establish accepbnce of the award. By
accepting this award, you acknowlidge that the terms of the following documents are incorporated into tle terms of your
award.
. Agreement Articles (attached to this Award Letter). OHigating Document (attached to this Award Letter). Fy t1zl 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 officiat file for this award
ln order to establish acceptance of the award and its terms, please follorr these instructions
Step 1'Please log tn to the ND Grants system at htips://portal.fema'gov
Step 2 After logging in, you will see the Home page with a Pending Tasks menu, Click on the Pending Tasks nrenu, select the
*piticafion suo.menu, anc tnen click the link for "Award Offer Review" tasks This link will navigte 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 kckage for your records.
System for Award Management (SAM): Grant recipients are to keep all of their information up to date in SAM, ln particulsr,
y6ur organization's namj, addreis, DUNS numbei, Etltt and banking inforrnation Please ensure that the DUNS number used
in SAM is the same one used to apply for all FEMA awards. Future paymenF will be contingent on the information provided
in nre SAM; therefore, it is imperaiive that the information is correct. The System for Award Managemeni is located at http://
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 is'possible This will lrelp us to make the necessary updates and avoid any interruptions in the payrnent
process
PATRICK GERARD MARCHAM
DHS.FEMA.EMPG-FY21 Page 22 of 36 City of Kent EMD, E22'142
t4!rc9q!qt4,4lcl!! . ,. ,
Thu Oct01 00 00 00 GMT 2020
U.S. Department of Homeland Securi$
Washington, D C 2A472
AGREEMENT ARTICLES
Emergency ltJlanagement Performance Grants
GRANTEE:
PROGRAM:
AGREEMENT NUMBER:
Article I
Article ll
Article lll
Arlicle lV
Article V
Arlicte Vl
Article Vll
Artiele Vlll
Artiole lX
Article X
Article Xl
Article Xll
Article Xlll
Article XIV
Article XV
Article Xll
Washington M ilitary OePartment
Emergency Ma na gement Performarree
Grants
E MS-2021 -EP-00007-501
TABLE OF CONTENTS
Limited English Proficiency (Civil Rrghts Act of 1964, Title Vl)
Universal ldentifier and System of Award Management
Disposition of Equipment Acquked Under the Federal Award
Americans with Disabtlities Act of 1990
SAFFCOM
Prior Approvalfor Modification of Approved Budget
Rehabilitation Act of 1973
Natlonal Environmenhl PolicY Act
Environmental Planning and Historic Preservation {EHP)
Review
Acknowledgement of Federal Funding from DHS
USA PATRIOT Act of 2001
Age Discriminatpn Act of 1975
Civil Rights Act of 1964 - Title Vl
Notice of Funding Opportunity Requirements
Trafficking Victims Protection Act of 2000 ffVPA)
Non-Su pplanting Requirement
DHS.FEMA-EMPG-FYz'I Page 23 of 36 City of Kent EMD,E22-142
Artiole X/ll
Article XVlll
Article XIX
Article )C(
Article )0(l
Article xxll
Article )0(ll
Article X(lV
Article )C(V
Article XXVI
Article XXVII
Article XXV|ll
Article XXIX
Article X(X
Article )C(Xl
Article )C(Xll
Article )fiXlll
Article XXXIV
Article )C(X/
Article )C(X/l
Article )C(X/ll
Article XXX/lll
Drug-Free Workplace Regulations
Federal Leadership on Reducing Text MessagirE while
Driving
DHS Specilic Acknowledgements and Assuranoes
BeEt Practices for Collection and Use of Personally
ldentifi able lnformation
Givil Rights Act of 1968
Debarme nt and SusPension
Activities Conducted Abroad
Energy Policy and Conservation Act
Procurement of Recovered Materials
Terrorist Financing
Hoteland Motel Fire Safety Ac{ of 1990
Duplioation of Benefits
Fly America Ac{ of 1974
Reporting of Malters Related to Recipient lntegrity ard
Performance
Lobbying Prohibitions
Fatse Claims Act and Program Fraud Civll Remedies
Federal Debt Status
Nondiscrimination in MatterE Pertaining to Faith'Based
Organizations
Education Amendments ot 1972 (Equal Opportunity in
Education Act) - Title lX
Copyright
Reporting Subawards and Exeoutive Compensation
Use of DHS Seal, Logo and Flags
DHS.FEMA.EMPG-FY21 Page 24 of 38 Cily of Kenl EMO,E22-142
Arlicb XXXIX Vlthistleblower Protection Act
Argcle XL Assuranees, Administrative Requirements, Cost Principles,
Representations and Cerlifications
Articb iGl Acceptance of Post Award Changes
Article XLll Patents and lntellectual Property Rights
Articte I - Llmited Engllsh Proficiency (Givil Rights Act of 1984, Title Vl)
Recipients must compty with Tifle Vt of the Civit Rights Act of 1964, {42 U.S C section 2000d ef seq") prohibition against
disorimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable
steps to provide meaningfulaccess to peisons with limited English proficiency (l-EP) tolheir PIoggTs and servioes For
additional assistance and intormation regaroing language acciss obligations, please refer to the DHS Recipient Guidance:
nttps jl,,*n r.aF.gov/guidance- published.hetp-ogpa*r.nt- supported-organizations-provide-meaningful-access'people-
limited and additlonal resources on hftp://www.lep.gov
Article ll - Unlversal ldentifier and System of Armrd lllhnagement
Recipients are required to comply with lhe requirements set forth in the govemment-wide financial assistanc€ award term
regai'aing the sysiem for Award fuanagement'and Universal ldentifier R-quirements located at 2 c.F.R Part 25, Apperrdlx A,
the full text of which is incorporated here by reference
Arficle lll . Dlspositlon of Equipment Acqulred Under the Federal Atmrd
When original or replacement equipment acqr.rired under this award by the recipient or its subrecipients is no longer needed
for the original projict or program or for othei activities currently or previously supported by a federal awarding agency' you
must reqr.rlst ;nstructionsfrom pgun to make proper disposilion of the equiprnent pursuant to 2 C.F.R. seotion 200"313-
Arllcle lV - Amarlcans wlth Dhabllltbs Act of 1990
Recipier{smustcomplywilhtherequirementsof Titlesl, ll, and lllof the AnericanswithDisabilitiesAct,Pub. L No.101-336
(199b) {codified as anrended at 42 0.S.c. sections 't2191- 12213), whlch prohibits recipients from discriminating on the basis
it oiddifity in the operation of public entities, public and private transporbtion systerns, places of publio accommodation, and
ce rtain tesling entities.
Article V - SAFECOM
Recipients receivlrq federal financial assistance awards made under programs that provide emergency communication
equiiment and its rEnteO activities must comply with the SAFECOM Guidance for Ernergency Communication Granls,
includmg provisions on teohnical slandards that ensure and enhance interoperable communications.
Artlcle Vl - Prlor Apploval for ltllcdlllcatlon of Approved Budget
Before making arry change to the FEMA approved budget for this awar( you must request prior written approval from FEMA
;d;" ;;qrt"? by2 c.FlR. section 200.308. FEMA is itso utilizing iis discretion to impose an additional restriction under
2 C.F.R Secilon 200.30s(f) regrding the transfer of funds among direct cost categories, programs, functions, or activities
iherefore, for awards witnin ipprouio budgetwhere the federaishare is greater than the_simplified acquisition threshold.
(cunenily
'szso,ooo), you may not transter frinds among direct cost categories, programs, functions, or activities wtthout prior
written approvat lrom FEue tihere the cumulative amount of such transfers exceeds or is expecied lo exceed ten percent
(10%) oi the totat budget iEun nst approved. you must report any deviations lrom yorr FEMA approved budpt in the first
Feoeiat Financlal neport {SF-42s) you iubmit fottowing any budgei deviation, regardless of whether the budget deviation
requires prior written aPProval.
Artlcle Vll - Rehabllitatlon Act of 1973
Recipierfs must compty with the requirements ol Sectlon 504 of the Rehabilitation Act of 1973, Pub. L. 93'112 (1973)'
iilililil= amendeti dt zs u.s.c. secgon 794,) which provides that m otherwise qualified handicapped individuals in
DHS.FEMA.EMPG.FYzl Page 25 of 36 City of Kent eMD.E22-142
the United States will, solely by reason of the handicap, be excluded hom prticipation h, be denied the benefits of, or be
subjeoted to discrimlnation uniter arry program or aclivity receiving federal linancial assislance.
Arlicle Vlll - Natlonal Envlronnnntal Pollcy Act
Recipients must comfly with the requirements of the Nationat Enviranmental fulicy Aot ol 1969 (NEPA), Pub L 91 '1S0
(197b) (codifted as aminded at 42 U.s.c. section 4921 et seg.) and the council on Environmental Ouality (CEQ) Regulations
ior trnfilement6g the proceduralProvisions of NEFA, which require recipients to use all practicable means within their
autfroiity, and cdnsbtent with other essential considerations of natlonal policy, to cteate and maintain condiiions urder which
people and nature can exist in productive harmony and fulfill the social, economlc, and other needs of present and future
generations of Anericans.
Artlcle lX - Envlronmental Plannlng and Historic Preservatlon {EHP) Review
DHS/FEMA funded actMities that may require an EHP review are subjed to the FEMA Environmental Planning and Historjc
preservation (EHp) review process. tnts ievlew does not address all federal, stale, and local requiremenls' Acceptance of
federal funding requires reclpient to comply with all federal, state, and local laws
DHS/FEMA is required lo consider the potential impacts to natural and cultural resources of all projects funded by DHS/
FEMA grant funds, lhrough if EHP Review prcrcess, as mandated by the Nalional Environmental Poliey Act, National
Historio preservation nctit tggg, as amended, National Flood lnsurance Program regulations; and, arry other applicab{e
laws and Executive Orders. To accessthe FEMA EHP screening form and instructions. go to the DHS/FEMAwebsite at:
https://www.fema.gov/mediajibrary/assets/documentsr9O195. ln order to initiate EHP review of your project(s), you must.
complete all rele"ant sections ot tfts iorm and submit it to the Grant Programs Directomte (GPD) along with all other pertinent
prol&t information. The EHp review process must be completed before funds are released to carry out the proposed project,
Itfrenvise, DHS/FEMA may not be able to fund the proleot due to noncompliance with EHP laws, exeortive order, regulations'
and policies.
lf ground disturbing activities occur during corstructlon, applicant will monitor ground distwbance, and if arV potential
ariheological resoirces are discoverecl, applicarrt will immediately oease work in that area and notify the pass'through entity,
if apflicable, and DHSFEMA,
Artlcle X - Acknowledgennnt of Faderal Fundlng frorn DHS
Recipients must acknowledge their use of federal funding when issuirg statemenls, press releases, requests for proposal, bid
invitations, and other documents desoriHrg projects or progmms lunded in whole or in part with federal funds'
Artlcle Xl - USA PATRIOT Act ot 20fi
Recipients must comply wilh requirements of Section 817 of the lJnting and Strengtllerting Amenca by Prowdng eppropriate
T6511lsRquira,p'1;1ierceptard'abilnctTenarisln Aclof 2001(USAPATRIOTAcl), Pub L, No,107'56,whichamends18
U,S.C. sections 1 75-175c,
Artlcle Xll -Age Dlscrlmlnatlon Actot 1975
Recipients must comply with the requirements of the ,ge Diwnmtnation Act of 1975, Pub. L. No 94-135 (1975) (codlfled as
anrej.toeC at Title 42, U.S. Code, section 6101 el seg ), which prohrbits discrmlnation on the basis of age in any progrtlm or
acflvity receiving federat financial assistance
Article Xlll - Civll Rights Act of 1964'Tille Vl
Recipier{s must compty with the requirements of Title Vl of the Civtl Rights Act of 1fi4 (codifiedas amended at 42 U S C.
section 2000d el seq.;,-wntcn govicies that no person in the United States will, on the grounds of race, color, or national origin,
be excluded from participation Jn, be denied the berefits of, or be subjeoted to discrimination under arry_ Pro9gm orac{ivl$^
i"."iuing f"A"rat financlit assistarpe, DHS implementing regulations forlhe Act are found at 6 C F R Part2l and 44 C"F.R
Part7.
Article XIV - Notice of Funding Opportunity Requilements
Atl the instrrrtions. guidance, limitations" and other conditrons set forth in the t*lotice of Funding Opportunity (NOFO) for thts
program are incorpo-rated heie by reference ln the award terms and conddions, All recipents must comply with arry such
requirements set forth in the program NOFO
DHS-FEMA.EMPG.FY21 Page 26 of 36 City of Kent EMD,E22-142
Artlcle XV - Trafflcklng Vlctlnrs Protectlon Act of 20(!() (WPA|
Recipients musl comply with the requirements of the government-wide.linancial assistance award lerm which implements
Section 106(g) of the Tratric*ing Vicirms Protecton AJt of 2000 (TVPA). codified as amended at 22 U S.C- section 7104 The
award term s iocateO at 2 C"F.R, section 175.15, the full text of which is incorporated here S reference,
Artlcle XVI - Non€upphntlng Requlrement
Recipients receiving federal financial assistance awards made under prograrns that prohibit supplanting by law-rnust ensure
that federalfunds do not replace (supplant) funds that have been budgeted for the same purpose through non'federal
sources"
Artlcle XVll - Drug-Free Worltplace Regulatlons
Recipients mmt comply with drug-free workplace requirements ln Subpart B (or Subpart C, if lhe recipient is-an individual)-of 2
c.r.n. part 3001, whicir adopts tlhe Gouernment-widi imptementation iz c.r"R. krt 182) of sec 5152-5158 of the Dnry-Free
Workptace Act of 1988 (41 U.S C sections 8101'8106)-
Article XVlll- Federal Leadershlp on Reducing Text lVlessaging while Driving
Recipients are encouraged to adopt and enforce policies that ban text messaging while driving as described in E o 13513,
inctubing conducting inrtiatives deicribed in $eotton 3(a) of the order when on official government business or when
performing any worlt for or on behaFof lhe federal government
Article XIX - DHS Specific Acknowledgements and Assurances
All recipients. subrecipienls, successors, transferees, and assignees must acknowledge and agree to comply with applicable
provisions goverrdng bHS access to records, accounts, documents, information, facilities, and staff'
1. Recipients must cooperate with any compliance reviews or compliance irwestigations condr.rted by DHS.
2 Recifierts mr.rst give DHS access io, and the right to examine aha copy, records, accounts, a_nd other documents and
sources of information related to the federalfinancial asEistance award and permil access to facilities, personnel, and
other indviduals and information aE may be necessary, as required by DHS regulations arrd other applicable laws or
program guidane.
s i?ecipientl must submit timety, complete, and accurate reports to the approgiate DHS ofiicials and rnaintain appropriate
backup documenbtion to support the reports.
a Recipients must compy witn iU otner special reporting, data collection, aftC evaluation requirements, as prescribed by
law or detailed in program guidance,
s^ ReciFierisorfederal-financ]atassistancefromDHsmustcompletetheDHscivilRightsEvaluatiortlodwithinthirty(30)
dayi of receipt of the Notioe of Award or, for state Administrative Apncies. thicry (30) days from receipt of the DH€ civil
Ridnts Evatuation Tool from DHS or its awarding component aggncy After lhe initial submission for the first award under
wh-ich this lerm applies, recipients are required lo proviOe this information onoe every two (2) years if they have an active
a*arO, not everyiime an award is made. neciptents should submitthe oompleted tool, including srpporting nnterials,
to CiviiRigntsErraluation@iq.dhs.gov. Thls toot clarifies the civil rights obligations and related reporting requirernents
.
conbined in the DHS Salroiro TJrrns and Conditions. Subrecipients are not required lo complete and submit this tool to
DHS. The evaluation toolcan be found at https:llwwvv.dhs.gov/pudication/dhs-civil-rights'evaluation-tool
The DHS Offrce for civil Rights and Civil Liberties will consider, in [s discretion, granting an exlension if the recipient
identifies steps and a timeli-ne for completing the tool. Recipients should request extensions by emailing the request to
civitRightsEvaluation@hq,dhs.gov prior to expiration of the 30-day deadline.
Article XX - Best Prastices for Gollection and Use of Personally ldentifiable lnforrnation
Recippnts who collect personally identifiable inlormation (Pll) are required to have a publicly available privacy policy that.
describes standards on the usage and malntenance of lhe pil tney collect DHS defines Pll as arry information that permits tle
loi"iity oi an individuatto oe dir-ecuy or lndlrecily inferred, including any information lhat is linked or linkable to that individual'
Recipftnts may also lind the DHS privacy lrnpait Assessments- eiivacy Guidance at http.//www dhs.govlxlibrary/a$setg.
privacy/privacyjia3uioancejune20l0.'pc ana Privacy Template at h$ps /lwww dhs gov/sites/defaulufiles/publications/
iriva cy3ia-templale 2017 .#t as usef ul resou rces respectively
Article XXI - Civil RighB Act of 1968
DHS-FEMA.EMPG.FY2l Page27 olfi City of Kent EMD,E22'142
RecipientsmustcomplywithTitleVlllof theCivrTRrghls Actol.1968, Pub L S'284, asamendedthroughPub. L 113-4,
which prohibits recipibnts from discriminating in the iale, rental, financing, and adveilising of drrellings, or in the provision of
services in oonneotion therewith, on the basE of race, color, nalional origin, religion, disability, familial status, and sex (see
42 U.S G. section 3601 et seg.), as implemented by the U.S, Department of Housing and Urban Development at 24 C F R
part 100. The prohibition on diiititity discrimination includes the requirement that new multifamily housing with four or more
dwe1ing units.i e., the public and common use areas and individual apartment units (all units in buibings with elevators a-nd
,
trounclnoor unrts in ouilaings without elevators).be designed and constructed wrth certain accessiHe features (see 24 C F'R
Part 100, Subpad D.)
Article XXll - Debarment and Suspension
Recipients are su$eot to the non.procurement debarment and suspension regulations implementing Executive Orders (E.o.)
125ig ard 12689, which are at2b.r.n. part 180 as adopted by DHS at 2 G.F R, Pad 3000. These regulations restrict
federal finarcial assistance awards, subawards, and coniracts wnh certain parties that are debarred, suspended, or otherwise
excluded from or ineligible for participation in federal assistance prog;ams or activities.
Article XXlll - Activitles Conduc{ed Abroad
Recipients rnusi ensure that project activities carried on outside the United States are coordinated as necessary with
appropriale government authoriiies and that appropiate licenses, permits, or approvals are obtained.
Article XXIV - Energy Poticyand Gonservatlon Act
Recipients must comply with the requirements of the Enagy fulicy ancl Cansaruation Aol, Pub L- 94- 163 (1975) (codified as
amenOeO at a2 U,S.i. section 6201'et seg.), which contain policies relating to energy efficiency that are defined in the state
energy conservation plan issued in compliance with thls Act
Arflcle XXV - Procurement of Recovered lt/hterials
States, political subdivisions of states. and their contractors must comply with Section 6002 of the Solid Waste Disposal Act,
puo t_.
'gs-222(1965), (codified as amended by the Resor.rce Conselitim aN Raanery Act,42 U.S C section 6962.) The
requirements of Section 6002 inclr.rde procuring only items designated in guidelines of the Environmental Protection
Rdncy (EpA) at 40 c F,R. 1rL247 tnat contain tni nighest peicentage of recovered materials practicable, corsistent wilh
maintaining a satisfactory level of compelition.
Article XXVI - Terrorist Financing
Recipients must comply with E.O. 13224 and U S. laws that prohibit transactjons with, and the provisions of resources and
support to, individuals ind organizations associated with terrorism, Recipients are legally responsible to ensure compliance
with the Order and laws.
Artlcle XXVII - Hotel rnd Motal Flre Safety Act of 1990
ln accordance with Section 6 of the Hotd and Motel Fke Safety kt of 1990,15 U,S G. section 225a, recipients must ensure
that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the,fire
prluention and conirol guioltines of the Federa t Fi-re Prevention and Controt Act of 1974, (codified as amended at 15 U"S.C'
section 2225.)
Article XXVlll - Dupllcatlon of Benefits
Arry cost allocable to a particular federal financial assistance award provided for in 2 C.F.R Part 200, Subpart E may not
UJlnargeo to other fed'eralfrnansial assistance awards to overcome fund deficiencies; to avoid restrictions imposed by
ieOerat it"t,rt"t, regulations, or federal financial assistance award terms and conditions; or for other reasorls Horvever. these
prohibitions would iot preclude recipients from shifting costs that are allowable under two or more awards in accordance wilh
existing federal statutes, regulations" or the federal financial assistance award terna and conditions.
Article XXIX - Fly Amedca Act of 1974
Recipients must compty with Peference for U,S. Flag Air Carriers (air carrier holdirE certificates under 49 U,S.C,
seotion 41'lO2) for inteinationalalr transporlation of people and propery to the exteril that such service is available, in
accordance with the lnwnalional Air Tr)nsportation' Fai conpelitive Pratices Aot ol 1974,49 U.s c seotion 40118, and
DHS.FEMA-EMPG.FY2l Page 28 of 36 City of Kent EMD,E22-142
the interpetatve guidelrnes tssued by the Comptroller General of the United States rn the March 31 , 1981 , amendment to
Comptroller General Decision B'1 38942.
Article XXX - Reportlng of Matlers Related to Reclplent lntegrlty and Performance
lf the total value of any cunenfly active grants, cooperative agreements, and ptocurement contracts fiom all federal awarding
agencies exceeds S1O,O6.OOO for any perioO of time during the perrod of perfonnance of this federalaward, then the
ielipienc must comply tuiili tn. requiriments set forth in th- government-wide Award Term and Condition for Recipient
fnt"'grity anO pertormance Mattem iocated at 2 C.F.R. Part 200, Appendix Xll, the fulllext of which is incorporated here by
reference in theaward terms and conditions'
Article XXXI - Lobbylng Prohlbltlons
Recipients must mmply with 31 U.S.C, section 1352, which provides that none of the funds provlded under a federal linancial
assistance award may
-oe
expended by the reoipient io pay any person to influence, or attempt to influence an officer or
employee of arry agency, a iltemUer oi Congress, an officer or empbyee of Congress, or an employee of a Member of
coirgr;ss in connectionwith any federal acfion related to a federal award or contract, including any extension continuation,
rer€wat, arnendrnent, or modificaiion.
Artlcle XXXII - False Clalms Act and Program Fraud Clvll Remedles
Recipients must comply with the requlrements of the False Ctaims Acl, 31 U.S C sections 3729' 3733, which prohibit the
submission of false or fraudulent clairns for payment to lhe federalgovernment. (See 31 U"S.C sections 3801-3812, 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 benefit overpayments (See OMB Circular A-129 )
Article XXXIV - Nondiscrimination ln tvtattes Pertalning to Fai$r-Based Organizations
It is DHS policy to ensure the equal treatment of faith-hsed organizations in social service progratrF administered or
rupport"ci by DHS or its component agencies, enabling those organizations to parlicipate in providing important social_ _
""ri""" to beneficiaries. Recipients niust comply withlhe equal ireatment policies and requirements corrtained in 6 C F.R
part 19 ard other applicable siatues, regulations. and guidarce governing the participations of faith-based organizations in
individual DHS programs.
Argcle XXnt - Education Amendm,ents ol 1972 (Equal Opportunity in Education Act) 'Tftle lX
Recipients must comply with the requirements ol Title lX of the Edrcation Amendmentsor 1972, Pub L. 92-318 (1972)
lcoainea as amended it Zo u.s.c section 168l ef seg,), which provide that no person n the Unrted States will, on the basis
or sex. oe excluded rrom pa'ticipation in, be denied thi ijenefits of, or be subjected to discrimination under any educational
progr"rn oi
""tivity
receivin! federal financial assistance. DHS implementing regulations are codified at C F.R. Part 17 and 44
C,F.R. Part 19.
Artlcle XXn l. CoPYrlght
Recipients must affix the appilcable copyrighl notices of 17 U S C. sections 401 ot 4A2 and an acknowledgement of U'S
eoudrr"nt sponsorship (irictuding tn6'ariard number) lo any work first produced under federal financial assistance awards
Article XXnfll- Reporting Subawards and E(ecutive Compensation
Recipients are required to conrply wlth the requiremenb set forth in the govemment'wide award term on Reporting Subawards
and bxeculive Compensation 6c'ateo at 2 C F.R, Part 170, Appendix R, tne rut: text of which is incorporated here by reference
in the award terms ard mnditions.
Article XXn lll - Use of DHS Seal, Logo and Flags
Recipients must obtain permission from their DHS FAO prdor to using the DH$ seal(s), logos. crests or reproductions of flags
or likenesses of DHS agency officials, including r.se of the United States Coast Guard seal, logo, crests or reproductions of
flags or likenesses of Coast Guard officials.
DHS.FEMA.EMPG.FY2l Page 29 of 36 Cily of Kent EMD,E22-142
Articb XXXIX - Whlstleblower Protection Act
Recipients must compty with the statutory requirements for whistleblower protections (if applicable) at 10 U S G section 2409,
41 U,S.C. section 471i, and 10 U S C section 2324, 41 U.S.C sections 4304 and 4310
Argcle XL. Assurances, Admlnlstragve Requlrements, cost Prlnclples, Represenbtions and certlflcatlons
DHS financiat assistance recipients must complete either the Office of Management and Eludget (OMB) StandardForm 4248
Assurances - No6Construclion prograrns, or bfUB Sbndard Form 424D Assurances - Construction Prograrrs, as applicable
Certain assurances in these docum6nts may not be applicable to your program, and the DHS financial assistance office (DHS
inq ray require applioants to certiff additional assuranoes Applicants are required to fi3lout the assurances applicabte to
their'program as insiructed 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
Requirernents, Cost princigei, and Audit iequirements for Federal Awards located atTitle 2, Code of Federial Regulalions
(C F.R.) Part 200, and adopted by DHS at 2 C,F.R' Part 3002.
By accepting this agreement, tle recipient and its executives, as defined in 2 C F.R section 170 315, certify that the
r.ripi"ni'" p-oticies ire in accordance'with OMB s guidance localed at 2 C,F.R Part 200, all applicabte federal laws' and
relevant Execulive guidanoe.
Article XLI - Acceptance of Post Award Changes
ln the event FEMA determines that changes are necessary lo the award document after an award has been made, including
.ningu. to period of performance or terris and conditions, recipienl.s will be notilied ol lhe changes in writing' Once
noiification has been made, any subsequent request for funds will indicate recipient accedance of the clranges to the
award Please callthe FEMA/dMD call center at (866) 927'561€- or via e'mail to A'S&QMBDfemq'dinsgr if you have arry
questions.
Artlcle XLll - Patents and lntellestual Property Rights
Recipients are zubject lo the Eayh-Dote kt, 3s U S C section 200 el seg unless otherwise provided by law Recipients are
subjiot to the specific reqrirements governing the development, reporting, and disposition of rights to irwentions and patents
,""utting frorn lederal financial assisiince awirds located al 37 C.F R, Part 401 and the standard patent rights clause located
at 37 C.F.R. section 4fJ1.14
Personnel
Fringe Benefits
Travel
Equipmenl
Supplies
Contractual
Construction
lnclirect Charges
Olher
BUDGET COST CATEGORIES
$4,066,819.00
$1,479,769,00
s2,188.00
s0,00
$15,390 00
s9,247,406.00
s0.00
s354,272.00
s0,00
DHS.FEMA.EMPG-FYz1 Page 30 of 36 Cily of Kent EMD,E22'142
lObligallng Ilocumenl for Award/Amcndmcnt
le AGREEIVIENT NO 2 AI,IENDI\,IENT NO
Elvls-2021-EP-0ffi07-501 {r*'r
6 REcIPIENTNAMEAND T ISSI.JINC}.EI\'IAOTNCEAND 8 PAY|\,1En_TOFFTCEANDADDRESS
ADDRESS ADDRESS FE\'IA Finance Centcr
lVashington N{ilirary FEtvlA-GPD '110 Market Streel
Dcparlmcnt 400 c strcct, sw,3rd floor lvmchcstcr, vA 21603
Building ?0 tVashingtoq DC !0172-36{5
Camp Murray, WA,98'130 - IOC 866-92?-5616
5122
9 NAMEOI'RECIPIENI' PHONENO IO NAJVIEOFFEIVIAPROJECI'COORDINA OR
PROIECT OFFICER 253512?156 Central Scheduling and Information Desk
Tirzah Kincheloe Phonc 800J68-6{98
Em ail. Askcsidl'!!dhs.gov
I 4 PERFOR\TAI{CE PERIOD
3
RECIPIENT
NO
91c001095G
I 3 ASSISTANCE ARRANGEMFAIT
Cost Rctmburscmcnt
1 TYPEOFACTION
A\\'ARD
5 CONTROLNO
FY202lRl0ElvlPG
II EFFECTIVEDATEOF
THIS ACTIO}I
t0l0l/2010
PROGRAM
NAME
ACRONYtvt
CFDANO.
Encrgcncy
trlonagcmcnl
Pcrformsncc
Cr8'lls
97.04?
12.
l'{ETHOD
OF
PA${ENT
PARS
ACCOUNTINC DATA
(ACCS CODE)
XX\X.K\X.K\.\\\X.
Ktx.lxt-x)(K\-K\,\.\-X
202l.FA.CAol.R10?. -l l?{'D
From:
1An112!,20
Budgel Periorl
10toil2a20
To:
09F,012023
09F,0t2023
1 5 DESCRTPTIONOF ACTION
o. Qndrculc lundrrg dnto for nlurds or finunciql changcs)
PRIOR
TOTAI
AIVARD
AMOLN{T
AI1IARDED
THIS
AT:TION
n OR(-)
CURRENT
TOTAL
AWART)
s*00 s1.581.9!2 00 s7,582,9?2 00
30.00 s?,582,92a00 s7,581,92i,00
C{.tivfULATlVE NON.
FTDERAL CONAdITMDNT
src Totols
57,581912.00
h To dcscnbe changcs othcr lhan fundrng data or financtal changcs. atlach schedulc and chcck hcrc.
N,'A
t6 a FOR NON-DISASTER PROGtu\lvtS RECIPIENT ls REQLIIRED To SIGI{ AhD RTTIIRN THREE (3) COPIES OF THIS
DOCUMENT TO FE\,!A {Sce Block 7 lor ar}lrcss)
Emergency lvtanagcment performance Grantr recipienls are not requirecl to sign and retum copies of thrs documen!. llolvever, reciptenB
should print ond kcep a copy olthis documcnl for their records
r6b, FoR DISASTER PROCLqMS' RECIPIENT lS NOI REQljlRgD TO slcN
.l'hrs nssistsncc is subject to terms and conditions attnchcd to this awnrd noticc or by incorpornted reference in progrnm legislalton cited
abovc,
l7 RECIPIEIIT SIGN.AT'JRY OFFICTAL N:ame ond Title]
Tirzah Krncheloe, l'"{rs
l8 FE\,IA SIGNATORY OFFICIAL (lrJame and Title]
TI'IERESA \'{USCAT BARA, kogram tulanagcr
DATE
\Vcd Scp 08 l8 30 53 GMl
l02l
DATE
tvlon Aug 30 15 36 26 GlvtT
20t1
DHS.FEMA.EMPG.FY2l Page 31 of36 Cily of Kenl EMD,e22-14"
Attachment D
WORK PLAN
FY 2A2l Emergency M nt Performance Grant
nt Divlsionof Kent - Eme Mnization:Ma
1
2
The purpose of EMpG is to assist with the enhancement, sustainment and improvement of state, local, and tribal
emergency management programs. Activities conducted using EMPG funding should relate directly to the five
elements of emergency management: prevention, protection, response, recovery, and mitigation. Washington
State does not require a specific number of activities to receive EMPG funding. However, there are required
capabilities that must be sustained in order to remain eligible for EMPG funding, including but not limited to the
ability to communicate and warn, educate the public, 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
Area-SustainrnentPri
4.7 Communications and Warning
Operational Communications
Situational Assessment
BuildingSustain
ANTICIPATED PROJECT IMPACTtDENTTFIED GAP/NEEDWORK PTANNED
Radios will provide redundant
communication between CitY
Departments and ECC for situational
awa reness/messages d uring
activations.
tack of radios recognized as a EaP
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
redundant communication between
City 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 Sl
4.6 Resource Management, MutualAid, a nd Logistics
Operational Coord inatio n
Critical Transportation
Sustaining/M aintainingBulld orSustrln
ANTICIPATED PROJECT IMPACTIDENTIFIED 6AP/NEEDWORK PIANNED
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 its.
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
ns.
Begin outfitting an unused CERTIEM
trailer so that it can be transitioned
into a mobile command Post for
Kent Emergency Management.
Priority Area #2
DHS.FEMA.EMPG-FY21 Page 32 of 36 City of Kent EMD,E22'142
7
2
7
2
4.10 Exercises, Evaluations, and Corrective Actions
Primary Gore Capability Operational Coordination
Sqcon{ary Core GaPabllltY Planning
Bulld'or iustaln sustaining/Mai ntaining
WORK PTANNED IOENTIFIED GAP/NEED ANTICIPATED PROI€ff IMPACT
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
hotsgots, printers, routers, etc.
Drill, exercises, and activations have
identified gaps in communications
sharing and the need for uPdated
ECC/DOC equipment and or
supplies.
6reater communication and
functionality will increase
situational awareness between Kent
ECC, DOCs. and regional Partners
d uring and activation/exercise.
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
The City's capabilities need to be
tested through activation, exercise,
and training.
Successful participation, completed
AARs identifoing areas for
improvements, and for participants
to be able to better resPond to an
incident/event.
4.11 Ernergency Public lnformation and Education
Community ResiliencePriniary Gore Cepatiitlty
Long-te rm Vulnera bility Red uctionSecondaryCore CapabiliV
Sustaining/Maintain ing,Bulld orSustaln
ANTICIPATED PROJ ECJ I M PACTIDENTIFIED GAP/NEEDWORK PTANNED
Larger number of CERT trained
rnembers in the community will lead
to a better prePared CitY that is
ready to respond to and become
more resilient aft€r a disaster.
A known gap is that there are not
enough responders to helP the
community during a major 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
andlor online trainlng 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
neiEhbors.
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 Ma nagement messages'
Priority Area #4
DHS.FEMA-EMPG.FY21 Page 33 of 36 Gity of Kent EMD,e22'142
4.9 Training
Operational Coordination
Community Resilience
Sustaining/Maintaining
WORK PTANNED IDENTIFIED GAPINEED ANfl CIPATED PROJECT IMPACT
Conduct training and/or send EM I
ECC staff and EM Volunteers to
career development workshoPs,
seminars, conferenceg, 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
4.4 Operational Planning and Procedures
Long-term Vulnerability Reduction
Operational Coordination
SustaininB/Mainta inlng
ANTICIPATED PRO'ECT IMPACTtDENTIFIED GAp/NEEDWORK PTANN€D
Provide all staffworking during a
major incident with sustainable
food and water.
To maintain sustenance for ECC
staff in the event of a disaster.
Purchase MREs and emergency
drlnking water. (ltems are tracked
and updated per exPiration date on
a rotating basis)
Priority Area #6
DHS.FEMA.EMPG-FYzI Page 34 of36 City of Kent EMD,E22'142
Attachment E
TIMELINE
FY 202l Emergency M ent Performance Grant
DATE TASK
June 1,2421 Grant Agreement Start Date
Aprfi3A,2O22 Submit reimbursement request
July 31 , ?O22 Subm it reimbursement request
September 3A,2022 Grant Agreement End Date
November 15,2422 Submit final reimbursement requesl, final report, training
req uirement report, and/or other deliverables.
The Subrecipient must request glgg 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.FYzl Page 35 of 36 City of Kent EMD,e22-142
Attachment F
BUDGET
FY 2A2l Emergency Man Performance Grant
sorunoN
AREA BUDGET CATEGORY
Personnel & Fri ts
Diem
Personnel & Fri Benefits
Travel er Di
Su tes
Cons
nel &
Diem
ies
ulta
nel & Fri
Diem
ta nts
trati ons
ul
& Fri
er Diem
zlEMPG AWARD
btotal
Subtotal
Subtotal
btotal
subtotal $
Subtotal
s
EMPC AMOUNT MATCH AMOUNT
1
4t
4t
s
17t
cts
nts
oth
tt?zz
5r
zo
!-
N
=(9
cao
00
n
oth
l!ttl
IJ&lrlxul
('
=za
ECF
g36ut
d
E
ts
lndirect
lndirect Cost Bate on fila 0.A0% for Time Period of: N/A
$
TOTAL 6rant APreement AMOUNT: S 71.041 3 71.041
The Subrecipient will provide a match of $71,041 of non-federal origin, 50% of the total project cost (local
budget plus EMPG award).
Cumulative transfers to budget categories in excess of ten percent (10%) of the GrantAgreement Amount
wi1 not be reimbursed without priorwritten authorization from the Department'
Funding Source: U.S. Department of Homeland Security - Pl# 713PT- EMPG
DHS.FEMA-EMPG-FY21 Page 36 of36 City of Kenl 3MD,E22'142
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 Manageent
DATE SUBMITTED
1111512',)
PROJECT DESCRIPTION
Emergency Management Performance Grant
CONTRACT NUMBER
E22-',142
1. AUTHORIZINGAUTHORIW
SIGNATURE PRINT OR TYPE NAME
Dana Ralph
Matthew MorrisL
TITLEffERM OF OFFICE
Mayor
Fire Chief
"{r(tr
?,. AUTHORIZED TO SIGN CONTMCTSICONTRACT AMENDMENTS
TITLEPRINT OR TYPE NAMESIGNATURE
MayorDana Ralph
Fire ChiefMatthew Morris
/
3. AUTHORIZED TO SIGN REQUESTS FOR REIMBURSEMENT
TITLEPRINT OR TYPE NAMESIGNATURE
EM SpecialistJennlfer Keizer{u,o
EM- Division ChiefJeff DiDonatow
l\ilOMEtKAREN8l....IWP\SIGNAUTH Revised 3/03
I NSTRUCTIONS FOR S IG NATU RE 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
ir" current. Changes in staffrng 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 tne 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 Gontracts/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.
g. 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
reimbuisement 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.
Jeff DiDonato
Doing business as (DBA)
Kent EmergencY Management
ADDRESS
400 West Gowe Slreet #414 Kent. WA 98032
Appllcable Procuromenl
or $olicllation #, lf any:
WA Uniform Business
Uenuner (UBl)
173-000-002
Federal Employer Tax
tdenlification #:
Washington Military Oepartment Contract Number: biz-1az
Debarment,suspension,lneligibilityorVoluntaryExclusion@
lnstructions For Certification Regarding Debarment, Suspension, lneligibility and Voluntary Exclusion--Lower
Tier Covered Transactions
Bidder or Contractor Signature:
'1. By signing and submitting lhis proposal, the prospective lower tier participant 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 the prospective lower tier participant knowingly rendered an
erroneous certification, in addition to other rernedies available to the Federal Government the department or agency
with which this transaciion originated may pursue available remedies, including suspension and/or debarment-
3. The prospective lowei tier pa-rricipant sniti provide immediate writlen notice to the department, institulao.n.or office to
which this proposal is submitted if at any time the prospective lower tier parlicipant 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 lransaction, parlicipant' person,
primary covered transaction, principal, proposal, and voluntlrily excluded, as used in this clause, have the meaning
set ouiin the Definitions and Coveiagesections of rules implementing Executive order 12549' You may contact the
person to which this proposal is submitted for assistance in obtaining a copy of.those regulations,
5. ine prorpective lower'tier participant agrees by submitting thi-s proposal that, should the proposed covered
transaction be entered into, it shall not knJwingly enter into any lower tier covered transaction with a person who is
proposeo for debaimenl under the applicabte frR, debarred, suspended, declared ineligible, or voluntarily excluded
irom participation in this covered tiansaclion, untess authorized by the depariment 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 titled
..Certification Regarding bebarment, Suspeision, ineligibility and
.Voluntary
Exclusion-Lower Tier Covered
Transaction,,,without modification, in all lower tier covered-transactions and in all solicitations for lower tier covered
lransactions.7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered
transaction that it is not propor"d for debirment under applicable CFR, debarred, suspended, ineligible, or voluntarily
excluded from covered lransaotions, 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
lo, check the Lisi of plrtils Excluded from Federal Procurernent and Non-procurement Programs.
g^ Nothing contained in the foregoing shall be construed to require establishment of a system of records-in order to
i*no"iin good faith the certifaation required by this clause. The knowledge and inforrnation of a participant is not
required to exceed that which is normally possessed b_y a-prudent person in the ordinary course of business activity.
g. Except for transactions aulhorized under'paragraph 5 of these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered ir"nia"iion with a person who is proposed for debarment under applicable
CFR, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other
remedies available to the Federji Government, thi department or agency with which this transaction originated may
pursue available remedies, including suspension andlor debarment.
Cert6ication Regarding Debarment, suspension, lneligibility and voluntary Exclusion--Lower Tier
Covered Transactions
The prospective lower tier participant certifies, by submission of this proposal or contract, that neither it nor its
principals is presenfly i"oiri"u, iuspenoeJ, nionos".a for debarment, deilared ineligible, or voluntarily.excluded
from participation initris transaction uv a# Federal department or agency. where the prospective- lower tier
participant is unable to certify to any of th6 statements in this certaficatio;, such prospective participant shall
attach an explanation to thls form.
READ CAR EFU LLY BEFORE stG NI NG THE CERTIFICATION.Fe deral regulatlons requlre contractors and bt dders to slgn
blde by the terms of th ls certificati oIl,wllhout modlficatlon,n order to p artlclpate ln cedal n transactlons dlrectl v ora
ln lnvolvl federal fu nds.
Print Name and Title:Jeff Di
Date: 121712021
Washington Military Department Contract Number: EZz- 1{z
FEDERAL DEBARMENT' SUSPENSION
INELIGIBILITY and VOLUNTARY EXGLUSION
(FREQUENTLY ASKED QUESTIONS}
What is "Debarment. Suspensipn. lneliqibilitv. and V,glqntarv Exqlusion'r?
Thesetermsrefertorheslalusofapersonorhorreceivegrantsfromafederalagency'
ln order to be debarred, suspended, ineligible, or volunlarily excluded, you must have:
. had a contract or grant with a federal agency, and
r go'e through ,o*, pro""ss where tnJteuerat agency notified or attempted to notify you that you could not contraet
with the federal agency.
. Generally, this proces" occurs where you, the contractor, are not qualified or are not adequately performing under a
contract,-or have violated a regulation or law pertaining to the contract'
Wlrv am I reguired to siq[ this certffigali9n?
you are reguesting a contract or grant withiE'e washington Military Department., Federal law (Executive order 12549)
requires washington Military Department ensure that persons oi companies that contracl with Washington Military
Department are not prohibited from having federal contracts'
Whatis,Executive Order 12549? _
Executive order 1254g refers to Federat Executive order Number 12549. The executive order was signed by the
presidenl and directed federal agencies to ensure that federal agencies, and any state or other agency receiving federal
funds were not contracting or awarding granti-to f"r*onr, orga-nizations, or companies who have been excluded from
participating in federal coitracts or grinG. p"u"rar agencieJhave codified this requirement in thelr individual agency
Code of Federal Regulations (CFRs).
What is the puJpose of this certificptio4?
The purpose of the certificat'oilor yd to teil washington Military Department in writing that you have not been
pronibiteO by federal agencies from entering into a federal contract.
what does the word lp-r,ooosal" mgqn qrhgF refe.[rqdlo in this certificalio4?
Proposalmeansasoconsiderorsimilarcommunicationfrom
you to Washington Military Departmenl'
What or who is a "loFer tier participant"?
Lower tier participanls means a person or organization that submits a proposal' enle.t into contracts with, or receives a
grant from washington Military Department, 6n any subcontra,ctor of a conlract with washington Military Deparlment' lf
iou hire subcontraitors, you s'hould require them to-sign a certification and keep it with your subcontract'
what is a covered transaction wten referred to in this ccdification?
covered Transaction means a contract, oral or written agreemeniflant, or any other arrangemenl ryh9t". you contract
with or receive ,non"y from washington Milftary Department. Lovered rransaction does not include mandatory
entitlements and individual benefits'
Sample Debarment, Suspension, lneligibility, Voluntary Exclusion Gontract Provisio{t
Debarment certification. The contractor certifies that the contractor is not presently debarred,,suspended,
proposed for debarrnent, declared ineligible, or voluntarily excluded from participating in this contract by any
Federal department or agency. lf requelted by washington. Military Department, the contractor shall complele
a certification RegarJinj oeuarm"ni, surp"nlion, Ineligibility, and Voiuntary Exclusion form. Any such form
.orpr"t.a by the bontra-ctor for this contract shall be incorporated into this contract by reference.
EXHIBIT C
CONSULTANT SERVICES AGREEMENT
Grant Agreement
EMPG Grant Agreement Number E22'256
Consu ltant Services Agreement
S.K. Miller Consulting
3. Grant Agreeme
E22-256
2. Grant Agreement
$24,231Kent, City of
Emergency Management Division (EMD)
220 4th Ave S
1 and Address:
98032-5838
December 31, 2022
6Agreement Start Date:5.
June 1,2021Robert A. Goehring,
4.
253-856-s252
Contact,
L UBI # (state revenue)
173-000-002
8. Data Universal Numbering System (DUNS)
020253613Michael Alston, 253-51 2-7083
7
m
of Homelandand the U.S."DEPARTM
10. Funding Authority:
State Mil
ngs #13.12. F11Award lD #
EMS,2021
16. EIN:
91
lndex # &
NZ
15
3PA1
4. TotalF
1 9. Women/Minority-Owned, State
Certified: Xrun nuo
OMWBE
18. Service Area by CountY(ies):
King
17. Service Districts:
(BY LEGISLATIVE DISTRICT)'. 1 1, 33, 47
coN DI 9
21. Contract Type (check all that apply):'lContract KGrant
CW
E Agreementn
Aoreement Classification:IE Personal Services n Client Services X Puotic/Local Gov't
20.
nn"'r
23. Subrecipient Type (check all that
I Private Organization/lndividual For-Profit
Non-Profit
OTHER
applv)
Publ tc
Filed WOFM? X Advertised? n YES X ruo
22 Subreci pient
BiddingCompetitiveallwho&"T o qual ifv'X apply
N/AA/E RCWtr uSourceSolen
N:IPTIOPOSERPU24.Act PG.EMAmericanntPlanRescueentGraPerformance1212021ofFiscaltheYearManagemThe(FY)Emergencypurpose
Em Agency FEMA)ol ndHomela ergency Management.s.U rtment (DHS)/FederalSecurity1SramDepatoprovideprogARPA}all hazardsfor throughntriandbalassistterritorial,governments preparingfundsawardstatestotostate,local,Federal
thetn PlaWork n,as beddescriofenhancementthoseentsustainmndprograma
P.Grantfor EMS.2O2I.ENo.DHSPA LetterAwardtheofEM21PG.ARndThethetsEntityPass-throughRecipientDepartment tofundsFederalawardmaderdsubawaofcAttachmenthasandandinheretoattachedastswhich00008-s0 incorporated fundsuseforawardofFederaltontabletheTheaccoutsthistoDepartmenttheSubrecipientpursuantAgreement.Subrecipient
fuandnderuthis
Terms
referencedthisofalltermthesreement,includingandAgtheSubreciandacknowledgeacceptWITNINWHESSEREOFpientDepartment
Thisbelow.dateoftheasandexecutedhavethisAgreementmadehereofandinwhichAttachmentsarepartherebyincorporated
APG-ARP AwardEM21danndCoitionsGeneral(Attachment B)ermT &Conditions A);Face (AttachmentSheet;SpecialAgreement alland otherTimelineF);PlanWork BudgetE);(AttachmentD)(AttachmentEM5-2021Letter -EP-00008-s01 c);(Attachment(Attachment
theandtheconandditionsgoverncontainhereinthealltermsagreedpartiesbyuponanddocumentsreferencedincorporatedexpresslyofthisthemalteroralorotherNootheruvise,regarding subjectthistounderstandings,anhts d theof parties Agreement.t'tg obligations
hereto.orexist bindtobeshall
herein, the inconsistency shall be resolved by givingln the event of an inconsistency in this Agreement,unless othenarise
ce then order;followingpreceden
anTerms Cod itionsnd4.SpecialStatutesStateandIandRegulationsFederalApplicable
and,and CondTerms itions,General5.nd documentsram2EMADHS/F Award prog
theof6.PlanWork Timel
Washington State Military Department
BOILERPLATE APPROVED AS TO FORM:
Dawn C. Cortez [August 1O,2O211
Assistant Attorney General
have executed
,,
Date
M
Date
Regan Anne Hesse,Ghief Financial Officer
ED
S
on the day year last specified
Review
EREAS, the parties
3t212022
Date Signature
Dana
FOR THE SUBRECIPIENT
TO FORM (if applicable);
Matthew Morris, Fire Chief
Puget Sound Fire Regional Authority
Washington State Military DePartment
EMERGENCY MANAGEMENT PERFO RMANC GRANTAM RESCUE PLAN FACE
DHS.FEMA-EMPG-ARPA.FY21 Page 1 of 35 City of Kent EMO, E22'259
Attachment A
SPECIAL TERMS AND CONDITIONS
ARTIGLE I. KEY PERSONNEL
ffrJ inOiviOuals listed Ueiow shall be considered key personnel for point of contact under this Agreement. Any
suusiliiition oi f"v periJirriel nV eifirei party shall be rirade by writteh notification to the current key personnel'
RECIPIENT DEPARTMENT
Name MiihaelAlstonNameRobert A. Goehring
Title Proqram GoordinatorTitleGitv Auditor
Email M ichael.alston@mil.wa.govEmailrqoehrinq@kentwa.gov
Phone 253-512-7083Phone253-856-5262
Name Tirzah KincheloeNameMatthew Morris
Title Proqram ManagerTitleFire Ghief
ti rzah. kinchel oe@-mi l.wa. g ovEmailm lm orris@pu getsou ndf ire. orgEmail
253-512-7456Phone253-856-4311Phone
Name Courtney BemusNameJeff DiDonato
Title Proqram AssistantTitleEM Division Ghief
cou rtnev.bem us@mi l.wa.g ovEmailEmailididonato@puqetsoundfire.org
253-316-6438Phone253-856-4345Phone
NameNameJennifer Keizer
TitleTitleEM Program Coordinator
EmailEmailid keizer@pu getsou ndfire.org
PhonePhone253-856-4342
NamePaula PainterName
TitleFinance DirectorTitle
EmailEmailooainter@kentwa.gov
PhonePhone253-856-5260
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
bff$lfgUin applicable to the 21EMPG-ARPA Program, including, but not limited to, all criteria, restrictions, and
requirements'of Ifte Department of Homeland Security (DHS) Notice of Funding Apportunity (YOFO) Fiscal
ye'ar (Fy) 2021 Emergency Management Pertormance Grant (EMPG) document, the FEMA Preparedness
Grants ManualdocumJnt (tire Manual), the DHS Award Letterfor Grant No. EMS-2021-EP-00008-501, and the
federal regulations commonly applicable to DHSIFEMA grants, all of which are incorporated herein by reference.
The DHS Award Lefter 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
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 services performed under this Agreement prior to
distribution of appropriited'federal funds, or if federal funds are not appropriated or in a particular amount.
STATE AND FEDERAL REQUIREITJIENTS FOR DHS/FEMA PREPAREDNESS GRANTS:
The following requirements apply to all DHS/FEMA Preparedness Grants administered by the
Department.
1. SUBAWARDS & CONTRACTS BY SUBRECIPIENT
a. The Subrecipient must make a case-by-case determination whether each agreement it
makes for the disbursement of 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 passthrough entity by making a subaward to a non-federal
entitY as its subreciPient:
A.
DHS.FEMA.EM PG-ARPA-FYz1 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 limit-ed to, all criteria, restrictions, and requirements of Ifie Depafiment
of Hometand Security (DHS) Notice of Funding Oppoftunity (NOFO) FiscalYear
(Fy) 2021 Emergency Management Pertormance Grant (EMP9)document, the
Manual, the DHS Award Letter for Grant No. EMS-2021-EP'00008-S07 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. Wthin the total GrantAgreement Amount, travet, subcontracts, salaries, benefits, printing,
equipment, and other goods and services or other budget categories will be reimbursed
on an actual cost basiJupon completion unless otherwise provided in this Agreement'
b. The maximum amount of all reimbursement requests permitted to be submitted under this
Agreement, including the final reimbursement request, is limited to and shall not exceed
the total Grant Agreement Amount.
c. tf 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 CFR 200 requirements'
ii. lf the Subrecipient does not receive direct federal funds (i.e., only receives funds
as a subrecipient), the Subrecipient must either elect to charge a de minimus
rate of ten percent (10%) or 10o/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 https://www.qs,a.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 Spreadsheet (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 later than the due dates listed within the
Timeline (Attachment E).
DHS-FEMA-EM PG-ARPA-FY21 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 aulhorized under
this Agreement must be maintained by the Subrecipient consistent with record retention
requir6ments 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 shoutd 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 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-five (45)
days after the Grant Agreement End Date, except as otherwise authorized by either (1)
written amendment of tFis Agreement or (2) written notification from the Department to 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
equipment/supplies have been received by the Subrecipient, its contractor, or any non-
federal entity io which the Subrecipient makes a subaward and is lnvoiced 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 tn! SuUrecipient 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 (10%J of tne 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-federaljundg that have been
Oudget-ed 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. 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 submitto 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 (FFATAi and related OMB Guidance consistent with Public Law 109-282 as amended
by sbction AZOZ(a) of Public Law 110-252 (see 3J 9S_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 Subrecipient, and not per agreement' The
Department's Coniracts Office wiil 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
(SFn), Threat and Hazard ld'entification and Risk Assessment (THIRA), core capabilities
.r.".rr"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
shallcomplywith 2 CFR 2OO.Sll through 200.327, and allWashington State procurement
statutes, when procuring any equipmenl or supplies under this Agreement, 2 CFR 200.313
for management of equipmeni, and 2 CFR 200.314 for management of supplies, to
include, but not limited to:
i. Upon successful completion of the terms of this Agreement, all equipment and
supplies purchased through this Agreement will be owned by the Subrecipient,
or a recognized non-fedLral entity to which the Subrecipient has made a
subaward, for which a contract, Subrecipient grant agreement, or other means
of legal transfer of ownership is in place'
ii. All equipment, and supplies as applicable, purchased under this Agreement will
be recorded and maintained in the subrecipient's inventory system.
iii. lnventory system records shall include:
A. DescriPtion of the ProPeftY
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 CFDA Number)
E. Who 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
inspection
-
and thoie shown in the records shall be investigated by the
Subrecipient to determine the cause of the difference. The Subrecipient shall, in
connection with the inventory, verify the existence, current utilization, and
continued need for the equiPment.
v. The Subrecipient shall be responsible for any and all operational and
maintenance expenses and for the safe operation of their equipment and supplies
including all questions of liability. The Subrecipient shall develop appropriate
maintenance schedules and procedures to ensure the equipment, and supplies
as applicable, are well maintained and kept in good operating condition.
DHS-FEMA-EMPG-ARPA-FY21 Page 5 of 35 City of Kent EMD'822'256
b
c.
vi. The Subrecipient shalldevelop a control system to ensure adequate safeguards
to prevent loss, damage, and theft of the property. Any loss, damage, .or theft shall
be investigated, and- a report generated and sent to the Department'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
$5,000 in total aggregate value upon termination or completion of the
project or prografilnJ tne 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 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 current per-unit fair-market value of $5,000 or less may
be retained, sold, transferred, or othennrise disposed of with no further
obligation to the federal awarding agency'
Z) ltems with a current per-unit fair-market value in excess of $5,000
may be retained or sold. The subrecipient shall compensate the
fedlral awarding agency in accordance with the requirements of 2
cFR 200.313 (e) (2).
ix. Records for equipment shall be retained by the Subrecipient for a period of six
years from the'date of the disposition, replacement, or transfer. lf any litigation,
tlaim, or audit is started before the expiration of the six-year period, the records
shall be retained by the Subrecipient until all litigation, claims, or audit findings
involving the records have been resolved.
The Subrecipient shall comply with the Department's Purchase Review Process, which is
incorporated' by reference and made part of this Agreement. No reimbursement will be
provided unless the appropriate approvalhas been received.
Allowable categories for the EMPG Program are listed on the Authorized Equipment List
(AEL) located- on the FEMA website at h$ps:{qww.fefrra.oov{qrants/ouidance-
igolslauthorized-equinment-list. 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 that-may not be-caiegorized as equipment according to the federal, state, local, and
tribal definitiohs of equipment. The Subrecipient is solely responsible for ensuring and
documenting purchased items under this Agreement are authorized as allowed items by
the AEL at time of Purchase'
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 Ofisfgfrln adopted standards to be eligible for purchase using federal award
d.
funds.
DHS-F EMA.EM PG-ARPA-FY2 1 Page 6 of 35 Gity of Kent EMO,E22-256
e. lf funding is allocated to emergency communications, the Subrecipient must ensure that
aft projeits comply with SAFiCOttrt Ouidance on Emergency Communications Grants
ensuring the investments are compatible, interoperable, resilient, and support national
goals and objectives for improving emergency communications.
f. Effective August 1g,2020, FEMA recipients and subrecipients, as well as their contractors
and subcontractors, 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 criticaltechnology 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
a! a substantial or essential component of any system, or as criticaltechnology
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
Autiorization Act for Fiscai Year 2019 (FY 2019 NDAA), Pub. L. No. 115-232 (2018).
iecipients and subrecipients may use DHS/FEMA grant funding to procure replacement
equipment and services impactei by this prohibition, provided the costs are otherwise
consistent with the requirements of the Manual and applicable NOFO'
Per section 889(fX2)-(3) of the FY 2A19 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 surueillance and telecommunications equiprnent produced by
ilytera Communications Corporation, Hangzhou Hikvision Digital Technology
Company, 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 believes to be an entity owned or controlled by, or
othenrvise 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 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 httos:llvvuil.fema.oov/orantslquidance-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.ARPA-FY21 PAgC 7 Of 35 CitY Of KCNt 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 iiterior walls, and training or exercises occurring outside in areas
not considered previously disturbed, also require a DHS/FEMA EHP review before project
initiation.
c. The EHp review process involves the submission of a detailed project description that
includes the entire scope of work, including any alternatives that may be under
consideration, along with supporting documentation so FEMA may determine whether the
proposed project h]as the fitentiat to impact environmental resources and/or historic
properties.
d. The Subrecipient agrees that to receive any federal preparedness. funding, all 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 2Of32T and as speiitied in the General Terms and Conditions (Attachment B,
A.10).
b. For all sole source contracts expected to exceed $250,000, the Subrecipient must submit
to the Department for pre-procurement review and approval the procurement documents,
such as requests for proposals, invitations for bids and independent cost estimates' This
requiremeni must be passed on to any non-federalentity to which the S_ubrecipient 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 Department's monitoring activities will be to ensure that agencies receiving
iederal passthrough funds are in compliance with this Agreernent, 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 comptiance with 2 CFR Part 200 Subpart F requirements,lhe 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 Conkacts Office will request the Subrecipient submit an
u[Oatea 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-FY21 Page 8 of 35 Ci$ of Kent EMD,E22-256
d
e.
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.
The Subrecipient is required to meet or exceed the monitoring activities, as outlined
"bou",
for any non-fedeial entity to which the Subrecipient makes a subaward as a pass-
through entity under this Agreement.
Compliance will be monitored throughout the performance period to assess risk. Concerns
will be addressed through a Corrective Action Plan.
I LTMITED ENGLISH PROFICIENCY (ClVlL RIGHTS ACT OF 1964 TITLE Vl)
a. The Subrecipient must compiy with the Title Vl of the Civil Rights Ac! o[ 1964 (Title Vl)
prohibition alainst discriminaiion on the basis of national origin, which requires that
bubrecipientJ of federal financial assistance take reasonable steps to provide meaningful
access to persons with limited English proficiency (LEpl to their programs and services'
providing meaningful access foi persons with LEP may entail .providing language
assistance service!, including oral interpretation and written translation. Executive order
13166, lmproving Access to Services foi Persons with Limited English Proficiency (August
11, 2000), r"q,iir"s federal agencies to issue guidance to recipients, assisting suclt
organizations and entities in understanding their language_.q9ce_ss. obligations DHS
pu-blisheO the required recipient guidance 1r APlil -2011, DHS Guidance to Federal
Financial Assistance Recipients Regarding Title Vl Prohibition Against National Origin
Discrimination Affecting l-imited English Proficient Persons, 76 Fed. Reg. 21755-21768,
(April 1g, ZO11). The duUance provides helpful information such as how a recipient can
determine the extent of its obligation to provide language seryices, selecting language
services, and elements of an effbctive plan on language assistanceJor LEP persons. For
additionalassistance and information regarding language access obligations, please.refer
to the DHS Recipient Guidance at httns:/ rurrrrw.dhs.oov/guidance;pqblighed-heln:
departmgnt-supQgrted-orqanizations:orovide-rneaninoful-access-oeople-limited and
aOOitionat resou rces on https:lAlww' leo.oov'
NIMS COMPLIANCEa. The National lncident Management System (NIMS) identifies concepts and principles !h{
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 toimultipte agencies-or jurisdictions to work together to build, sustain, and
deliver the core capiOilities needed to achieve a secure and resilient nation.
Consistent implementation of NIMS provides a solid foundation across jurisdictions and
disciplines to ensure effective and integrated pteparedness, planning, and response.
NIMS empowers the components of the Nationat Preparedness System, a requirement of
presidential Policy Directive 8, to guide activities within the public and private sector and
describes the plinning, organizitional activities, equipping, training, 31d exercising
needed to build and suitain ihe core capabilities in support of the National Preparedness
Goal.
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 arc located at
htior'//tlrnilw.fefna.gov/sites/defaulUfiles/2020-07ffema nims imelementation:obj.ectives-
20180530.pdf.
I
b
c.
DHS-FEMA-EM PG-ARPA-FY21 Page I 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.
Stafford Disaster Relief and Emergency Aisistince Aci, 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 capibitities 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 shall provide a fifty percent cash match of non-federalorigin. The Federalshare
applied toward tfre EMFG budget ifrall not exceed fifty percent of the total budget as submitted
and approved in the application and documented in the Budget (Attachment F). To meet matching
requirements, the Subrecipient's cash matching contributions must be verifiable, reasonable,
allowable, allocable, and necessary under the grant program andrnust comply with all Federal
requirements and regulations, including, but not limited to, 2 CFR Part 200' An appropriate
mechanism must be ii 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 Departmentwillcoordinate
approval wiin tne StatgTraining Point of Contact. . lf funding is allocated to non-DHS FEMA
training, the Subrecipient must iequest 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 forTraining Courses Funded Through Preparedness Grants,
httos://www.fema.oov/sites/defau lUfl les/2020-,
ie, finat 7 .tg.,te*pOt, the training must fall within
theFEMAmSubrecipient,sEmergencyoperationsPlan.This
reguirement 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 personnelfunded in any part through federal award or matching funds under this Agreement
shall complete and record proof of completion of:
i. NIMS training requirements outlined in the NIMS Training Program located_ at
https://rrvvwrr.dma.oov/pdf/emerqencv/nims/nims traiFino ,prooram.pdf (to include ICS-
tOO, rcS-ZOO, lS-700, and lS-800 for most personnel) and
ii. Either (1) the FEMA Professional Development Series lS-120, lS-230, lS-235, lS-240, lS-
Z41,ld-242, and lS-24 4, 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 $ubrecipient shall comply with all applicable DHS terms
and conditions of the 21EMpG-ARPA nwaiO Letter and its incorporated documents lor D-l-lp Grant No.
EMS-2021-Ep-0O0Og-s01, which are incorporated and'made a part of this Agreement as Attachment c.
DHS-FEMA-EM PG.ARPA-FY21 Page '10 of 35 City of Kent EMD, E22-256
A.1
A,2
A.3
Washington State M ilitary Department
GENERAL TERMS AND CONDITIONS
Department of Homeland Security (DHS)/
Federal Emergency Management Agency (FEMA)
Grants
DEFINITIONS {hia aaraamanr rha tarmc rarill havc the lefined in 2 cFR 2ooAs used throughout this Agreement, the terms will have the same meanlng as (
Srop"rt n (which is incorpo-rated herein by reference), except as otherwise set forth below:
a. "Agreement" means this Grant Agreement.
b. ,,Department" means the Washington State Military Department, as a state agency-, any division,
section, office, unit or other entity Jf th" o"prrtmeni, or any of the officers o.r other officials laMully
representing that Department. ine Depariment is a recipient of a federal award directly from a
federal "*rrJinj 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 projec{(s)
forwhich reoeralfunding 'ri 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 seif-assessment
of a community's capauility levels uaseit 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 iuentified on the Face Sheet of this Agreement.that has received a subaward
from the oefartment. However, the definition of "subrecipient" is the same as in 2 CFR 200.1 for
all other 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 Agreem"nt- SrOr"ripient srralt not invoice the Department in advance of delivery and invoicing
of such goods or services.
aUIENDMENTS AND MODIFICATIONS, *-r:.:^-ri^^ ^. rla.
The Subrecipient or the Department may request,,in writing, an amendment. or modification of this
Agreement.
'However, such amendmeni or'modification shall not be binding, tale etfect or be
in-corporated herein until made in writing and signed by the authorized representatives of the Department
"nu
p," Subrecipient. No other underslandings 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 p"rrorrin"e 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 Subrecipient's Project(s).
35.
TG 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.
Attachment B
4.4
DHS-FEMA-EM PG-ARPA-FY21 Page 11 of35 Gity of Kent EMD,E22'256
A,5 ASSUMNCES
The Departnffit anO Subrecipient agree that all activity pursuant to this Agreement will be in accordance
with all ihe applicable current federal, state and local laws, rules and regulations.
A.6 CERTIFICATION REGARDING DEBARMENT. STJSPENSIONLOF INETIGIBILITY
AsfederalfSubrecipientcertifiesthattheSubrecipientisnot
presengy oeuaireJ, 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 Debarment,.Suspension,
Ineligibitity, and Vatuntary Exctusionf6rm located at hftps:4mil.wa.qov/leqgiredsrantforms' Any such form
comlteteu oy the Subreiipient forthis Agreement srratt oe 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 contiactors oi subrecipientJ or any of their principals are not debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in "covered
transaction.,i by any federal department or agency. "Covered transactions" include procurement
contracts tor gooas or services awarded under a non-procurement transaction (e.9. grant or cooperative
agreement) t[at are expected to equal or exceed $25,000, and subawards to Subrecipients for any
amount. Wth respect to covered tiansactions, 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
alsoagreesnotioente@tsorcontractswithanypartyonth'eWashingtonState
Department of Labor
- anO lndustries' "Debarred Contractor Ltsf'
(htios:/secure.lni.wa.gov/debarandstrike/ContractorDebarList.aspxl. The Subrecipient also agrees not
toenterintoofgoodsandserviceswithanypartyonthe
Department of intlrprise Service s' Debarred Vendar Lr'sf (httpi:l/www.des.wa.qovlservices/contractinq-
puichasinoldoinq-business-state/vendor-debarment)'
A] CERTIFICATION REGARDING RESTRICTIONS.QN LOBBYI,ryG
ertities that to the best of its knowledge and
belief: (1) no federally appropriated funds have been paid or will be paid by o.r on behalf of the
Subrecipient to any person ior influencing or attempting to influence an officer or employee of an agency,
a Member of Conjriss, an officer or employee of Congress, or an em-ployee of a Member of Congress
in connection wittithe awarding of any federal contraci 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 modiiication of any teOerat 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 oi attempting to influence in officer or employee of any ?g_ency, a Member of Congress' an
officer or employee' of bongress, or an employee oi a Member of Congress in connection with this
Agreement, grant, loan, or cooperative agreement, the Subrecipient.will.complete and submit Standard
F6rm-LLL, "|isclosure Form to Report Lobbying," in accordance with its instructions; (3) and that, as
applicable, the Subrecipient will require tnat ihe language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants,
loans, and cooperative agreements) and itnat alt Subrecipients shall certify and disclose accordingly. This
certification is a material iepresentaiion of fact upon which reliance was placed when this transaction was
made or entered into and is a prerequisite for making or entering into this transaction imposed by section
1352, title 31, U.S. Code.
A.8 EOMPLIANC-E WITH.APPLICABLE STATUTES. RULES AND.PEPABTMENT P,OIICIES
TheSubrecicipientsshallcomplywith,andtheDepartmentisnot
responsible for determining compliance with, any and all applicable federal, state, and local laws,
regulations, executive ordeis, OM'g Circulars, andior 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 nit (nOnj, Agebiscrimination Act of 1975, Title Vl of the Civil Rights Act
of 1964, civilhignts Act of 1 g68, the Robert T. Stafford Disaster Relief and Emergency Assistance Act,
(pL 93-2gg, as Jmended), Ethics in public service (RCW 42.52), Covenant Against Contingent Fees (48
CFR Section 52.203-5),'Public Records Act (RCW 42.561, Prevailing Wages on fyllg Wllft (RCW
39.12),State EnvironmentalPolicyAct (RCW43.21C),shoreline ManagementAct of 1971(RCW90.58)'
DHS-FEMA-EMPG-ARPA-FY21 Page 12 of 35 City of Kent EMD' E22-256
A.9
A.10
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.
tn the event of noncompliance or refusal to comply with any applicable law, reg_ulation, executive order,
OMg Cirrrlar or policy by the Subrecipient, its coniractors or subrecipients, the Department mayrescind,
cancel, or terminate'the Agreemeni in whole or in part in its sole discretion. The Subrecipient is
reifonsible for all costs or tiinility arising from its failure, and that of its contractors and subrecipients, to
compty with applicable laws, regulations, executive orders, OMB Circulars or policies'
CONFLICT OF INTEREST
@heDepartment;nomember,officer,oremployeeoftheSubrecipientorits
designees or ag"nis; no member of the governing body of the iurisdiction in which the project is
undJrtaken or located; and no other official of the Subrecipient who exercises any functions or
responsibilities with respect to the project during his or her tenure, shall have any personal or pecuniary
gain or interest, direct or indirect, in iny contract, subcontract, or the proceeds thereof, for work to be
[erformed 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.
CONTRACTING & PROCUREMENT
ompetitiveprocurementprocessintheprocurementandawardof
any contracts with contractors or subcontractors that are entered into under the original
agreement award. The procurement process followed shall be in accordance with 2 CFR Part
ZOO.Sll General procurement standards through 200.327 Contract provisions.
As required by Appendix ll to 2 CFR Part 2OO, allcontracts entered into by the Subrecipient under
this Agreemeht 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 Council-and
the Defense Rcquisition Regulations Council (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 dfra[ meet the'definition of "federally assisted construction contract" in 41 CFR Part
60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1'4(b), in
accordance w1h Executive brder 11246, "Equal Employment Oppoftunitf' (30 FR 12319,
12935,3 CFR Part, 1964-1965 Comp., p.339), as amended by Executlve Order 11375,
"Amending Executive Order 11246 Retating to Equal Employment Opportunity,"..and
implement-ing regulations at 41 CFR part 60, "Office of Federal Contract Compliance
piograms, Equat Emptoyment Opportunity, Department of Labor."
4) Davis-Bacon Act, as amended (40 U.S.C.3141-3148). \A/hen required by Federal prog.ram
legislation, all prime construction contracts in excess of $2,000 awarded by non-federal
entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C 3141-
3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part
S, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and
Assisfed 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
wale determination made by the Secretary of Labor. In addition, contractors must be
req-uired to pay wages not les! than once a week. The non-federal entiiy must place a copy
of the current'preriailing wage determination issued by the Department of Labor in each
solicitation. The decision to award a contract or subcontract must be conditioned upon the
acceptance of the wage determination. The non-federal entity must report all suspected or
, reported violations to tne 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
D HS-FEMA-EM PG-ARPA.FY21 Page 13 of35 City of Kent EMD, E22-256
Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or
Grants from the UniteO States";. ihe Act provides that each contractor or Subrecipient must
n"-pioninited from inducing,
'Uy any means, any person employed in.the. construction,
"oniflllon, or repair of puOiic w-ork, io give up any part of the compensation to which he or
sne'is otherwise entitled. The non-federal entity 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 o,f $100,000 that involve the
"rptoyrrnt
of mechanici or laborers must include a provision for compliance with 40 U'S'C'
3702 and3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under
40 U.S.C. 37AZ ofthe Act, each contractor must be required to compute the wages of every
mechanic and laborer on ihe 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
wort< 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
,"qrir"r"nts Io not apply to the purchases of supplies or materials or articles ordinarily
available on the op"n mar-ket, or contracts for transportation or transmission of intelligence'
6) Rights to lnventions Made Under a Contract or Agreement. lf the federal award meets the
deTinltion of "funding agreement" under 37 CFR S4b1.2 (a) and the recipient or Subrecipient
wishes to enter into a jontract with a small busin-ess firm or nonprofit organization regarding
the substitution of parties, assignment or performance of experimental, developmental, or
research work under that "funding agreement," the recipient or Subrecipient must comply
with the requirements of 37 CFR Fart 401, "Rights to lnventions Made by Nonprofit
OigaiiiAnns and Smatt Busrness Firms undei 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. 1ZS1-1}AZ;, as amended-Conkacts and subgrants of amounts in excess of
$tSO,OOO must coniain a provision that requires the non-federal award to agreeto comply
wnn al applicable standards, orders or regulations issued pursuant to the Clean Air Act (42
U.S.C. ruO1l1llry.) and the Federal Waier Pollution Control Act as amended (33 U.S.C.
lZSl-lSAn 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 award (see 2
CFR 1g0.220) must not be made to parties listed on the governmenFwide exclusions in the
System for Award Management (SAM), in_accordance with the OMB guideline.s.at 2 CFR 180
that imptement ExecutiuE OrO"rr 12549 (3 CFR part 1986 C,9Tp', p. 1S9) and 12689 (3 CFR
part lggg Comp., p. 235), "Debarmeni and Suspension." 9AM Exclusions contains the
names of parties OenarreO, suspended, or otherwise excluded by agencies,.as well.as parties
declared ineligible under siatutory or regulatory authority other than Executive order 12549.
9) Byrd Anti-Lobbying Amendment (31 U.S.C. 13s2)-Contractors that apply or bid foran award
exceeding $tOfu,O-OO must file the required certification. Each tier certifies to the tier above
that it will not and has not used federal appropriated funds to pay any person or organization
for influencing or attempting to influence-an oflicer or employee of any agency, a member of
Contress, ofii.", or emplo-yee of Congress, or an employee of a member of Congress in
connection with obtaining iny federal contract, grant or any other award covered by 31
U.S.C. 1352. Each tier riust ilso disclose any tonOying with non-federal funds that takes
place in connection with obtaining any federal award. Such disclosures are fonrvarded 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 ot "g"t "y
of a political subdivision of a state and its contractors must
complrw1n r"Jtion-6002;f the Solib Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act. The requiremenis of Section 6002 include procuring only
items designated in guidelines of the Enviionmental Protection Agency (EPA) at 40 CFR part
DHS-FEMA-EMPG-ARPA-FY21 Page 14 of 35 Citv of Kent EMD' F22-256
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A.12
247 lhatcontain the highest percentage of recovered materials practicable, consistent with
maintaininl " r"tit."tJw bvbl of com-petition, where the purchase price of the item exceeds
$10,000 oitf," value of the quantity'acquired during the preceding.fiscal year exceeded
$tO,OOO; frocuring solid waste management services in a manner that maximizes energy
and resource recovery; and estailishing 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 regutations pertaining to copyrights and rights in
data.
13) Access by the Department, the Subrecipient, the federal awarding agency, the Comptroller
General 6t tne United States, or any of their duly authorized representatives to any books,
documents, papers, and records of the contractol which are directly pertinent to that specific
contract toi tfte purpose of making audit, examination, excerpts, 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 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 Preferences for
lnfrastructure Projects," and as appropriate and to the extent consistent with law, the non'
Federal eniity sfr6uld, to the greatest'extent practicable under a Federal award, provide a
preference for the purchase, a-cquisition_, gI ule of goods, products, or materials produced in
the United States, as required'in 2 CFR ParI 200.322, in every contract, subcontract,
purcnase iro"r, or'sub-award that is chargeable against federal financial assistance awards.
17) per 2 C.F.R. S 200.216, prohibitions regarding certain tete_c-omm_unications and video
survelllance seirices or equipment is mandateJ by section 889 of the John S. McCain
Nationat Defense Authorization Act for FiscatYear 201g (FY 2019 NDAA), Pub. L' No' 115-
232 (2018).
b. The Department reserves the right to review the Subrecipient's procurement plans and
documents
"nO
r"qrlr" the Subrecipient to make changes to O!ry^1ts-qlans and documents into
compliance with thd 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 tire a'dminiitration of the Department's or ihe Subrecipient's responsibilitiesw-ith
respect to services provided under this Agreement is prohibited except by prior written consent of the
Department or as r"irir"O to comply with t-he state Public Records Act, other law or court order.
DISPUTES
ffis-otherwise provided in this Agreement, when a bona fide dispute arises between the parties
and it cannot be resolved through diicussion and negotiation, either party may request.a dispute
resolution panel to r"roru" the disiute. 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
consist of a represeniative appointed by the Department, a representative appointed by the subrecipient
and a third pady mutually a'g'reed upoh oy both parties. The panel shall, by majority vote, resolve the
dispute. Each pirty shall-belr the cost roi 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
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4.14
A.15
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"ht, th" state of Washington, and the United States Government and their
authorized agents and employees, from all claims, actions, costs, damages or expenses of any nature
whatsoever by reason of ihe acts or omissions of the Subrecipient, its subcontractors, subrecipients,
assigns, agents, contractors, consultants, licensees, invitees, employees or any person whomsoever
arisiig 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 employeeJin 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 cliims or damages are caused by or result from
tne coniuirent negligence of (1) the'Department, and (2) the Subrecipient, its agents, or employees,.this
indemnity provisio-n irtat o" vitio ano 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'orthefailureIoexerciseorperformadiscretionaryfunctionordutyonthe
p"rt oi a federal agency or an employee of the Federal government in carrying out the provisions of the
Stafford Act.
LTMTTATION OF AUTHORITY - AUTHORIZED SIG.NATUBE
ve the authority to bind their respective
organiiations to this AgreJment. Only'the Department's Authorized Signature representative and the
njthorized Signatuie rlpresentative of the dubrecipient 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 alteraiion, amendment, modification, or waiver of
anv craude or condition of this Agreement is not effective 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 autnority to sign reiirbursement requests, time extension requests, amendment and
modification requests, reqJests 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 dite of this Agreement and prior to normal completion or end date, the Department
,"y ,nitrt"rally reduce the work-plan and budget or unilaterally terminate all or part of the Agreement as
a ,,Termination for Cause" without providing the Subrecipient an opportunity to cure. Alternatively, the
parties may renegotiate the terms it tnis Agreement undgr "Amendments and Modifications" to comply
"ripr
n"* fJnding'limitations and conditions, although the Department has no obligation to do so'
A.16 NONASSIGNABILITY
Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by
the SubreciPient.
A.17 NONDISCRIMINATION
ffiomplywithallapplicablefederalandstatenon-discriminationlaws,regulations,
and policies. No person shall,-on the grounds of age,-race, creed, color, sex, sexual orientation, religion,
r national origin, marital status, rronorluy discharled. veteran or military status, or disability (physical,
, mental, or sensory) be denied tne benefits of, oi otherwise be subjected to discrimination under any
project, program, oi activity, funded, in whole or in part, under this Agreement.
DHS-FEMA-EMPG-ARPA-FY21 Page'16 of 35 City of Kent EMD'E22-256
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4.19
4.20
4.21
4.22
A.23
A,24
4.25
NOTICESJfifficipient shallcomply with allpublic notices or notices to individuals required by applicable local,
state and federal laws and regulations and shall maintain a record of this compliance.
(OSHAAA'ISHA)
T6@trepresentsandwarrantsthatitsworkplacedoesnoworwillmeetallapplicablefederal
"nd
,t"t" saiety and' health regulations that are in effect during the Subrecipient's performance under this
Agreement. To the extent alloired by law, the Subrecipient further agrees to indemnify 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 attorneys' fees assessed against the Department, as a
result of the failure of the Subrecipient to so comply.
owNERSHIP OF PROJECT/CAPITAL FACILITIES
TheDepartmentrnai]itiesorrealpropertyimprovedorconstructedwith
funds under this Agreement, and by this subaward of funds does not and will not acquire any ownership
interest or tile to such property oi tne Subrecipient. The Subrecipient shall assume all liabilities and
responsibilities arising rrbm ine twnership and operation of the project and agrees to indemnify 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.
POLITICAL ACTIVITY
@providedhereinshallbeusedforanypartisanpoliticalactivityortofu.rtherthe
election or defeat of any candidate for public office or influence the approval or defeat of any ballot issue.
pRoHlBlIoN AGAINST PAYMENT OF BONU$ 9R qpMMlSSloN
used in payment of any bonus or commission
for the purpose of obtaining approuil of the application for such assistance or any other approval or
concurrence under this Agieement provided,'however, that reasonable fees or bona fide technical
consultant, managerial, o, 6th"r such services, other than actual solicitation, are not hereby prohibited if
otherwise eligible as project costs.
PUBLICITY
The Subt€aipient agrees to submit to the Department prior to issuance all advertising and publicity
matters relating to thls Agreement wherein the Department's name is mentioned, or language used from
which the connection 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 -Department. The Subrecipient m1y_ c_opyn_glnj original work it develops in the
course of or under this Agreement; however, pursuant to 2 CFR Part 200.315, FEMA reserves a royalty-
free, nonexclusive, and irrevocable license io reproduce, publish or otherwise use, and to authorize
others to use the work for government purposes'
publication resulting from work performed under this Agreement shall include an acknowledgement of
FEMA's financial sipport, by the Assistance Listings Number (formerly Cfo{!gyber), and a statement
that the publication itbes noi constitute an endorsement by FEMA or reflect FEMA's views.
RECAPTURE PROVISION
ln the event ttre suoffip-lgnt 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 siall 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
tfre oefartment is required to instiiute legal proceedings to enforce the recapture provision, the
Department shall be entifled to its costs lnd expenses thereof, including attorney fees from the
Subrecipient.
RECORDSa. The Subrecipient agrees to maintain all books, records, documents, receipts, invoices and all
other electronic or r,riritt"n records necessary to sufficiently and properly reflect the Subrecipient's
contracts, subawards, grant administration, and payments, including all direct and indirect
charges, and expenditures in the performance of this Agreement (the "records").
DHS-FEMA-EM PG-ARPA.FY21 Page 17 of35 City of Kent EMD,E22-256
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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'ofrtcials 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 underthis Agreement. Despite the minimum federal retention requirement of three (3) years,
the more stringent State requirement of six (6) years must be followed.
RESPONSI B I LITY FOR PROJECT/ETATEM ENT. OF WORKM/ORK PLAN
pientwiththeprojecUstatementofwork/workplan
(project) by providing federal award funds pursuant to this Agreement, the project itself remains the sole
ilrfjonrlOiiity of the 6ubrecipient. 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 project, ai these phrases are applicable to this project, is solely that of the Subrecipient, as is
responsibility ior 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 lriational 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
Departrient, or to any state or federal agency, or to any of their employees or agents, for any
p"*orrn"n.e, assistance, or any payment or indemnity, including, but not limited to, cost of defense
and/or attorneys' fees, in conneltion'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
iffift'q-fi--of nghtfuljurisdiction holds any provision or condition under this Agreement or its application
to any person or-circumstances invalid, thil 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 NGLE AUDIT ACT REQUI REMENTS fi nchtdinq 4!l $MFNDM ENTSI
iudethefollowingauditrequirementsinanysubawards'
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-
lp-cigc audit conducted in accordance with 2 CFR Part 200 Subpart F. Non-federal entities that spend
less than $250,000 a year in federal awards are exempt from federal audit requirements for that year,
except as noted in z cFR 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
Cornpfi"n.i Supplement. The Subrecipient has the responsibility of notifying its auditor and requesting
"n
rrOit 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 ap_propriate. Costs of the
audit may be an allowa6le grant expenditure as authorizedby 2 CFR Part 200.425-
DHS-FEMA.EM PG-ARPA.FYz1 Page 18 of 35 City of Kent EMD, E22-256
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4.31
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 Lnd disallowed or questioned costs shall be included with the audit
report. The Subrlcipient 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 reiouet 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 cjpy of the audit and its Corrective Action Ptan to the Deparlment at the following address no
later than nine-(9) months afier the end of the Subrecipient's fiscal year(s):
Contracts Office
Washington Military DePartment
Finance Division, Building #1 TA'20
Gamp 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 Agreeilent. ln the absence of a valid claim of exemption from the audit requirements
of 2 CFR part 200 Su-bpart 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 3ry11ds
6einjwitfrrreld untilthe auditls completed in accordance with 2 CFR Part 200 Subpart F; the withholding
or di-sallowing of overhead costs; ihe suspension of federal awards until the audit is conducted and
submitted; or termination of the federal award.
SUBRECIPIENI NOT EMPLOYEE
dentcontractorrelationshipwillbecreatedbythisAgreement'The
Subrecipient, and/or employees or agents performing underthis Agreement are not employees or agents
of the Department in any mlnner whltsoever. The Subrecipient will not be presented as, nor claim to be,
an officei or employee br tne Department by reason of this Agreement,. nor will the Subrecipient make
any claim, Oemdnd, or application to or for any right or privilege applicable to an officer or employee of
the Department or of the state of Washington by reason of this Agreement, including, but nol limited-to,
Workmen,s Compensation coverage, u-nempioyment insurance benefits, social security benefits,
retirement membership or credit, or privilege or benefit which would accrue to a civil service employee
under Chapter 41.06 RCW.
It is understood that if the Subrecipient is another state department, state agency, state university, state
college, state community college, state board, or state commission, that the officers and employees are
empl-oyed by the state oi Washington in their own right and not by reason of this Agreement.
TMES. FEES AND LLCENSES . _ --, --_:_^_.Agreement,theSubrecipientshallberesponsiblefor,payandmaintain
in current status ailtaxes, unemplo/ment 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
Agreement,theSubrecipientmayterminatethisAgreementby
providing written no[ice of such termination to the Department Key Personnel identified in the Agreement,
specifyirig the effective date thereof, at least thirty (30) days prior to such date.
Except as otherwise provided in this Agreement, the Department, in its sole discretion and in the best
interests of the state of Washington, may terminate this Agreement in whole or in part ten (10) business
days after emailing notice. Uporinotice 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
incurriirg additionai obligations df funOs. ln the event of termination, the Subrecipient shall be liable for all
damagei as authorizeO-Oy law. The rights and remedies of the Department provided for in this section
shall riot be exclusive andare in addition to any other rights and remedies provided by law.
DH S-FEMA-EM PG-ARPA-FY2 1 Page 19 of 35 City of Kent EMD,E22-256
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A.33
4.34
TERMINATION OR SUSPENSION FOR LOSS OF FUN.pING
ill or part of this Grant Agreement, or may reduce
its scope of work "rio
uuog"t, ii there is a reduciion in funds by the source..of. those funds, and if such
funds are the basis for 6is '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 performance heieunder, is in violation of any laws or .regulations that render the
Subrecipient-unable to perform any aspect of the Agreement, or has violated any of the covenants,
,gi".rLntr 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 wnicn to cure. The Department is not required to allow the subrecipient an opportu.nity
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 affect any other
remedies available to the Department. lf the Department allows the Subrecipient an opportunity to-9u1e'
the Department shall notify the Subrecipient in writing of the need to take corrective action. lf the
corrective action is not takeh within ten (1b) 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 prohinit the Subrecipient frJm incurring additional obligations of funds during investigation of the
alleged compliance breach, pending corr-ective action by the Subrecipient, if allowed, or pending a
deci-sion 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, e.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". i
TEEM INATION PROCEDURES
ln addition to the i*Edu*r 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
"ooition
t6 iny other righis provided in this Agreement, the Department may lecqire
th-e Subrecipient to deliver to the Depart-meni 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 Depadment shall pay to the Subrecipient as an agreed upon
price, if separately stated, for properiy authoiized and completed work and services rendered or goods
delivered to and accepted Oy ine'Department prior to the effective date of Agreement termination, the
amount agreed upon by the Subrecipient and the Department for (i) completed work and services and/or
equipmeni or suppliesirovided for which no separate price is stated, (ii) partially completed work and
services and/or iquipment or supplies provided which are accepted by the Department, (iii) other work,
services and/or equiiment or.uli6iti"r which are accepted by the Department, and (iv) the protection and
preservation of proPertY.
Failure to agree with such amounts shall be a dispute within the meaning of the "Disputes" 9l1q:e of-this
Agreement.'tt tne termination is for cause, the Department shall determine the extent of the liability of the
oEpartment. The Department shall have no other obligation to the Subrecipient for termination. The
Department may withhold from any amounts due tfre Subrecipient such s.um..ag the Department
determines to be necessary to protect the Department against potential loss or liabilit6
DHS-FEMA-EMPG-ARPA.FY21 Page 20 of 35 City of Kent EMD, E22'256
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, equipmentand/or facilities
in relation to this ngreemeni eicept as may be necessary for completion of such portion of the
work under the Agreement as is not terminated;
c. Assign to the Department, in the manner, at the times, and to the extent directed by the
Department, all of the rights, title, and interest of the Subrecipient under the orders and contracts
so terminated, in which-case the Department has the right, at its discretion, to settle or pay any
or all claims arising out of the termination of such orders and contracts;
d. setile all outstanding liabilities and all claims arising out of s.uch 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 atl the purposes of this clause;
e. Transfer tige 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 relatedio this Agreement which,is in the possession of the
Subrecipient and in wfricfr thi Department has or may acquire an interest.
A.35 UTILIZ\TIoN oF MINORITY AND WqMEf{ BUSINESS ENTEBPRISEfi:fMWBE}
TheSubrec.tarecertifiedasminority-ownedandlor
women-own"J in carrying o,it tn" purpor". of this Agreement. Jn:. Subrecipient may set utilization
standards, based upon olat conoitiins or may use thekate of washington MWBE goals, as identified
in WAC 326-30-041.
A.36 VENUE
This Agreement shall be construed and enforced in accordance with, and the validity and performance
shall be gou"in"J uy, ttre laws otirre state of washington. Venue of any suit between the parties arising
out of this Agreement strall be the Superior court of T-hurston County, Washington. The s.ubrecipient, by
execution or tnis Agreement, acknowiedges the jurisdiction of the courts of the state of washington.
A.37 WAIVERS
No conditions or provisions of this Agreement can be waived unless approved in advance by the
Department in writing. The DepartmenG failure to insist upon strict performance of any provision of the
Agreement or to exeicise any iignt traseo upon a breach thereof, or the acceptance of any performance
Uiring such breach, shall noi constitute a waiver of any right under this Agreement'
DHS-FEMA.EM PG-ARPA-FY21 Page 21 of35 City of Kent EMD,E22-256
Attachment C
21 EMPG-ARPA Award Letter
EMS-2021 -EP-00008-s01
Arrrd Letter
U.S. Department of Homeland Security
Washington, D.C,20472
Bret DaughertY
Washington M ilitary DeParlment
Building 20
Camp Murray, WA 98430 - 5122
Re: Grant No. EMS-2021 -EP-00008
Dear Bret DaughertY:
Congratulations, on behalf of the Department of Homeland Security, your application for financial assistance submitted under
the Fiscal year (Fy) 2021 Emergency Management performance Grants has been approved in the amount of $2,136'034.00.
As a condition of this award, you"are'required to contribr:te 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 $4,272,068.00'
Before you request and receive any of the Federal funds awarded to you, you must establish acceptanoe of the award' By
accepting this award, you acknowledge that the terms of the following documents are incorporated into the terms of your
award:
. Agreement Articles (attached to this Award Letter). Obligating Document (attached to this Award Letter). Fy iozl Emergency Managemerrt 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 establish 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 f39ks menu. Click on the Pending Tasks menu, select the
Apftioation sun-menu, airo tnen ctick the tink 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 prirrt 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 particular,
your organization,s namJ, address, DUNS numbei, EIN and banking information. Please ensure that the DUNS number used
in SAM is the same one used to apply for all FEMA awards. Future payments will be contingent on the information provided
in the SAM; therefore, lt is irpuruiiue that the information is correct. The System for Award Management is located at http//
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 io make the necessary updates and avoid any interruptions in the payment
process.
PATRICK GERARD MARCHAM
DHS-F EMA-EM PG.ARPA-FY2 1 Page22ot35 City of Kent EMD, E22-256
U.S. Department of Homeland Security
Washington, D.C.24472
GRANTEE:
PROGRAM:
AGREEMENT NUMBER:
Article I
Article ll
Article lll
Article lV
Article V
Article Vl
Article Vll
Article Vlll
Artiole lX
Article X
Article Xl
Artiole Xll
Artiole Xlll
Article XIV
Artiole X/
Article X/l
AGREEMENTARTICLES
Emergency l\lbnagement Performance Grants
Washington M ilitarY DePartment
E mergency Management Performance
Grants
E M5-2021 -EP-00008-s01
TABLE OF CONTENTS
Limited English Proficiency (Civil Rights Act of 1964, Title Vl)
Universal ldentifier and System of Award Management
Environmental Planning and Historic Preservation (EHP)
Review
Prior Approval for Modification of Approved Budget
Americans with Disabitities Act of 1990
SAFECOM
Acceptance of Post Award Changes
Rehabilitation Act of 1973
National Ewironmental PolicY Act
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 Opportunity Requirements
Trafficking Victims Protection Act of 2000 OVPA)
Non-supplanting Requirement
DHS-FEMA-EM PG-ARPA-FY21 Page 23 of 35 City of Kent EMD, E22-256
Article )0/ll
Article X/lll
Article XIX
Article )0(
Article )C(l
Article )O(ll
Article )C(lll
Article )O(lV
Article )0(V
Article )C(Vl
Article XXVII
Article )O(Vlll
Article )C(lX
Article )C(X
Article )C(Xl
Article )C(Xll
Article )C(Xlll
Article )C(XlV
Article )C(XV
Article )C(XVI
Article )C(XVll
Article XXXVlll
Drug-Free Workplace Regulations
Federal Leadership on Reduoing Text Messaging white
Driving
DHS Specific Acknowledgements and Assurances
Best Practices for Collection and Use of Personally
ldentifi able lnformation
Civil Rights Act of 1968
Debarment and SusPension
Activities Conducted Abroad
Energy Polioy and Conservation Act
Procurement of Reoovered Materials
Terrorist Financing
Hotel and Motel Fire Safety Acl 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 ot 1972 (Equal Opportunity in
Education Aot) - Title lX
Copyright
Reporting Subawards and Fxecutive Gompensation
Use of DHS Seal, Logo and Flags
DHS.FEMA.EM PG.ARPA-FY2 1 Page 24 of 35 City of Kent EMD, E22'256
Article )C(XIX Whistleblower Protection Act
Article XL Assurances, Administrative Requirements, Cost Principles,
Representations a nd Certif ications
Article XLI Disposition of Equipment Acquired Under the Federal Award
Article XLll Patenis and lntellectual Propefi Rights
Article | - Limited English Proficiency (Givil Rights Act of 1964, Title Vl)
Recipients must comply with Tifle Vt of the Civil Rights Act of 1964, (42 U.S.C. section 2000d ef seg.) prohibition against
discrimination on the basis of national origin, which requires that recipients of federal flnancial 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://vrww.dhs.gov/guidance- published-hetp-department- supported-organizations-provide-meaningful-access-people-
li mited and addltional resources on http://unrw. lep.gov.
Article ll - Universal ldentifier and System of Award $Jlanagement
Recipients are required to comply with the requirements set forth in the governmentwide financial assistance award term
r"gurOing the Sysiem for Award irlanagement and Universal ldentifier Requirements located at 2 C.F.R. Part 25, Appendix A'
the full text of which is incorporated here by reference.
Article lll- Environmental Planning and Historic Preservation {EHP) Review
DHS/FEMA funded activities that may require an EHP review are subject to the FEMA Environmental Planning and Historic
preservation (EHp) review process. tnis ieview does not address allfederal, state, and local requirements. Acceptance of
federal funding requires recipient to comply with all federal, state, and local laws.
DHS/FEMA is required to consider the potential impacts to natural and cultural resources of all projects funded by DHS/
FEMA grant funds, through its EHP Review process, as mandated by the National Environmental Policy Act; National
HistoriCpreservaflon Act-of 1966, as amend-ed; National Flood lnsurance Program regulations; and, any other applicable
laws and Executive Orders- To aocess the FEMA EHP screening form and instructions, go to the DHS/FEMA website at:
hftos:/Ar$rwv.fema.qqYlfrpditulllbrary/assets/documentsr9019ti. lnorderto initiate EHP review of your project(s), you must.
compleie alkelevant-sections ofTfiis form and submit it to the Grant Programs Directorate (GPD) along with all other pertinent
prolect information. The EHp review process must be completed before funds are released to carry out the proposed project;
btn'erwise, DHS/FEMA may not be able to fund the project due to noncompliance with EHP laws, executive order, regulations,
and policies.
lf ground disturbing activities ocour during construction, applicant will monitor ground disturbance, and if any potential
ariheological resources are disoovered, ipplicant will immediately cease work in that area and notifu 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 requlred by 2 c.F.R. Section 200.308. FEMA is also utilizing its discretion to impose an additional restriction under
2 C.F.R. Section-ZOO.a08(l) regardingthe transfer of funds among direct cost categories, programs, functions, or activities.
Therefore, for awards witn an ipprovlo budget where the federal share is greater than the simplified acquisition threshold
(currenily $2b0,000), you may not transfer funds among direct cost categories, programs, functions, or activities without prior
written approvat from FEnnR where the cumulative amount of such transfers exceeds or is expeoted to exceed ten percent
ltOoZoy of tire total budget FEMA last approved. You must report any deviations from your FEMA approved budget in the first
iedeial Financial Report (sF-420) you submit following any budget deviation, regardless of whether the budget deviation
requires prior written apProval.
Article V - Americans with Disabilities Act of 1$0
DH S.FEMA.EM PG-ARPA.FY21 Page 25 of 35 City of Kent EMD, E22-256
Recipients must comply with the requirements of Titles l, ll, and lll of the Americans with Disabitities Ac{ Pub. L No. 101-336
(199b) (codi1ed as amende d al 42 U.s.c. sectio ns 12101- 12213), which prohibits recipients from disoriminating on the basis
it oi=iditity 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 communication
equipment and its retateO activities must comply with the SAFECOM Guidance for Emergency Communication Grants,
including provisions on technical standards that ensure and enhance interoperable communications.
Artlcle Vll - Acceptance of Post Award Changes
ln the event FEMA determines that changes are necessary to the award document after an award has been made, including
changes to period of performance or terms and conditions, recipients will be notified of the changes in writing. once
notification has been made, any suhequent request for funds will indicate recipient acceptan-ce of the changes to the
award. ptease oaltthe rrMnldrvro cail center it qsool 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 comply with the requirements of Section 504 of the Rehabilitation Act of 1973, Pub. L 93-112 (1973)'
lcooineo as amended at zg u.s.c. section 794,) which provides that no othenvise qualified handicapped individual_s in
.
in" Unit"O States will, solely by reason of the hlndicap, be excluded from participation in, be denied the benefits of, or be
subjeoted to discrimination under any program or activity receiving federal financial assistance.
Article lX - National Environmental PolicyAct
Recipients must comply with the requirements of the National Environmental Policy Act of 1969 (NEPA), Pub. L. 91-190
(197b) (codified as amende d ar 42 U.s.c. sectio n 4321 et sq.) and the council on Environmental Quality (cEQ) Regulations
ior tmptementing the procedural provisions of NEPA, which require recipients to use all practicable means within their
autnoiity, and cJnsistent with other essential considerations of national policy, to create and maintain conditions under which
people and nature can exist in productive harmony and fulfill the social, economic, and other needs of present and future
generations of Americans.
Article X - Acknowledgement of Federal Funding from DHS
Recipients musi acknowledge their use of federal funding when issuing statements, press releases, requests for proposal, bid
inviiations, and other docurn'ents describing projects or plograms funded in whole or in prt with federal funds,
Article Xl - USA PATRIOT Act of 2001
Recipients must comply with requirements of Section 817 of the lJniting and Strengthening Amertcl by Provldi\O Appropriate
Tools Reguircd to tnieicept and obstruct Tanorism Act af 2001 (USA PATRIOT Act), Pub. L. No. 107-56, which amends 18
U.S.G. sections 1 75-175c.
Article Xll - Age Dlscrimination Act of 1975
Recipients must comply with the requirements of the Age Disorimination.Act of 1975,Pub. L- No. 94-135 (',l975) (codified as
amended at Tiile az, u.s. code, section 6101 ef seg.), which prohibits discrimination on the basis of age in any program or
activity receiving federal financial assistance'
Article Xlll - Civil Rights Act of {964'Title Vl
Recipients must comptywith the requirements of Title Vl of the Civil Rtghts Actof 1964 (codified as amended at 42 U'S'C'
section 2000d ef seg.;,-wnicn provides that no person in the United Stales 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 act]v$r-
receiving federal tinancilt assistance. DHS implementing regulations for the Act are found at 6 c.F.R. Parl21 and 44 c'F.R'
Part7.
Article XIV - Notice of Funding Opportunity Requirements
DHS.FEMA.EM PG-ARPA.FYz1 Page 26 of 35 City of Kent EMD, E22'256
All the instructions, guidance, limitations, and other conditions set forth in the Notice of Funding opportunity (NoFo) for this
program are incorpolated 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 Ac't of 200O (TVPAI
Recipients must comply with the requirements of the government-wide financial assistance award term which implements
section 106(9) of the'Trafficking Viciims protection nct ot zooo (TVPA), codified as amended at 22 u.s.c. section 71a4.The
award term iJ located at 2 C.F.R. section 175.15, the full text of which is incorporated here by reference.
Article XVI - Non.supplanting Requirement
Recipients receiving federal financial assistance awards made under programs that prohibit supplanting by law must ensure
that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non-federai
sources.
Article XVll - Drug-Free Workplace Regulations
Recipients must comply with drug-free worlelace requirements in Subpart B (or Subpart C, if the recipient is an individual) of 2
C. f . a. part 3001 , which adopts t-he Government-wide implementation (2 C. F. R. Part 1 82) of Sec. 51 52-51 58 of the Drug-Free
Workptaoe Act of 1988 (41 U.S.C. sections 8101-8106).
Article XVlll - Federal Leadership on Reducing Text lVlessaging while Driving
Recipients are encouraged to adopt and enforce policies that ban text messaging while driving as described in E.o. 13513,
including conduoting iniiiatives 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, subrecipierrts, succ€ssors, transferees, and assignees must acknowledge and agree to comply with applicable
provisions governing DHS access to records, accounts, documents, information, facilities, and staff.
1. Recipients must cooperate with any compliance reviews or compliance investigations oonduoted bV DHS.
2. Recipients must give DHS access io, and the right to examine and copy, records, accounts, and other documents and
souroes of information related to the federal financlal assistance award and permit access to facilities, personnel, and
other individuals and information as may be necessary, as reguired by DHS regulations and other applicable laws or
program guidance.
s. heclpienti must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate
backup documentation to support the reports.
4. Recipients must comply witfr itt other special reporting, data collection, and evaluation requirements, as prescribed by
law or detailed in program guidance.
b. Recipients of federaliinancial assistance from DHS must complete the DHS Civil Rights Evaluation lool within thirty (30)
days of receipt of the Notice of Award or, for State Administrative Agencies, thirly (30) days from receipt of the DHS Civil
nignts evatuation Tool from DHS or its awarding component agency. After ihe initial submission for the first award under
whr:ch this term appties, 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. l?ecipients should submit the oompleted tool, including supporting materials,
to CiviiRightsEvbluation@hq.dhs.gov. This tool clarifies the civil rights obligations and related reporting requirements
contained in the DHS Stindird Terms and Conditions. Subrecipients are not required to complete and submit this tool to
DHS. The evaluation tool can be found at https://www.dhs.gov/publication/dhs-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 Practices for Collection and Use of Personally ldentifiable Information
Recipients who oolleot personally identifiable information (Pll) are required to have a publicly available privacy policy that
describes standards on the usage and maintenance of the fft tfrey collect. DHS defines Pll as any information that permits the
identity of an individual to be dirEcfly or indirectly inferred, including any information that is linked or linkable to ihat individual.
RecipLnts may also 1nd the DHS privacy lmpatt Assessments: Privacy Guidance at http:i/www.dhs.gov/xlibrary/assets/
DHS.FEMA-EM PG-ARPA-FY21 Page 27 ol 35 City of Kent EMD, E22-256
privacy/privacyjia_guidancejune20l 0. pdf and Privacy Template at https://www.dhs.gov/sites/default/filesipublications/
priva cy-pia-tem plate 2O1 7 . pdf as usef ul resou rces respectively.
Article XXI - Civil Rights Act of 1968
RecipientsmustcomplywithTitteVlllof the CivilRightsActof 1968,Pub. L.90-284, asamendedthroughPub L. 113-4'
whici-r prohibits recipients from discriminating in the iale, 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 seq.), as implemented by the U,S. Department of Housing and Urban Development at 24 C. F.R.
part 100. The prohibition on diiability discrimination includes the requirement that new multifamily housing with four or more
dwelling units-i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and
.
ground-"floor units in ouitcings without elevators)-be designed and construoted with certain acoessible features. (See 24 C.F-R.
Part 100, Subpart D.)
Article XXll - Debarment and Suspension
Recipients are subject to the non-procurement debarment and suspension regulations implementing Executive orders (E.O.)
1254g and 126gg, which are aI2 b.p.R. part 1g0 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 assistiance 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 authoriiies 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 Poticy ard Conservation Act, Pub' L. 94- 163 (1 975) (codified as
amended at 42 U.S.C. section 6201 ef seg.), which contain-policies relating to energy efficiency that are defined in the state
energy conservation plan issued in compliance with this Act.
Article XXV - Procurement 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(196s), (codified as amended by the Resource Conseruation and R*anery /|r/t, 42 U.S.C. section 6962.) The
requirements oiseotion ooO2 include procuring only items designated in guidelines of the Environmental Protection
ngincy (EpA) at 40 C.F.R. part247 that contain tnl hignest percentage of recovered materials practicable, consistent with
maintaining a satisfactory level of competition.
Article XXVI - Terrorist Financing
Recipients must comply with E.o. 13224 and U.S. laws that prohibit transactions with, and the provisions of resources and
support to, individuals ind organizations associated with terrorism. Recipients are legally responsible to ensure compliance
with the Order and laws.
Article XXVII - Hotel and Motel Fire SafetyAct of 1990
lnaccordancewithSection6of the Hote! andMotel FiresafetyActof 1990, 15U.S.C. section2225a, recipientsmustenslre
that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the flte
prevention and control guidltines of the Federa I Fie 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
Oe cnarged to oiher federal financial assistance awards to overcome fund deficiencies; to avoid restrictions imposed by
federal It"t,rt"., regulations, or federal financial assistance award terms and conditions; or for other reasons' However, these
prohibitions would iot preclude recipients from shifting costs that are allowable under two or more awards in accordance with
existing federal statutes, regulations, or the federal financial assistance award terms and conditions
Article XXIX - Fly America Ac{ of {974
DHS-FEMA-EM PG.ARPA-FY21 Page 28 of 35 City of Kent EMD,e22-256
Recipients must oomply with Preference for U.S. Flag Air Carriers (air carriers holding certificates under 49 U.S'C'
section 41rc2,for inteinational air transportation of people and property to the extent that such service is available, in
accordance w1h the lnternational Nr Trinsportation' Fai Competitive Pnctices Act d 1974,49 U.S.c. section 40118, and
the interpretative guidelines issued by the iomptroller General of the United States in the March 31 , 1 981, amendment to
Comptroller General Decision B-1 389 42 -
Article XXX - Reporting of Mafters Related to Recipient Integrity and Performance
lf the total value of any currently active grants, cooperative agreements, and procurement contracts from all federal awarding
agencies exceeds $to,ooo,ooo ror any period of time during the period of performance of this federal award, then the
riipients must comply with the requirbments set forth in th- government-wide Award Term and condition for Recipient
lntegrity and performance Matters iocated at 2 c.F.R. Palt 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 13s2, which provides that 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 otficer or employee of Congress, or an employee of a Member of
.
congress in conneitionwith any federal aciion related to a federai award or contract, including any extension, continuation,
renewal, amendment, or modifi cation.
Article XXXII - False Claims Ac't 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, (See 31 U.S.C. sections 380'l-3812, 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-129.1
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 beneficiaries. Recipients mlust comply with ihe equal treatment policies and requirements contained in 6 c. F. R.
part 1g and other applicable siatues, regulations, and guidance governing the participations of faith-based organizations in
individual DHS Programs.
Article XXXV - Education Amendments o11972(Equal Opportunity in Education Act)'Title lX
Recipients must comply with the requirements of Title tX of the Education Amendments of 1972, Pub' L. 92-318 (1972)
(codified as amended ut zo u.s.c" section 168i ef seg.), which provide that no person in the United states will' on the basis
of sex, ne excluded from participation in, be denied the
'benefits of, or be subjected to discrimination under any educational
program or activity receiving federal financial assistance. DHS implementing regulations are codified at C F.R. Parl 17 and 44
C.F.R. Part 19.
Article XXXVI - CoPYrlght
Recipients must affix the applicable copyright notices of 17 U.S.C. sections 401 or 4a2 and an acknowledgement of U S.
Covernment sponsorship (including tn6'aviarO 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 at 2 C.F.R, Pafi.17o, Appendix A, the full text of which is incorporated here by reference
in the award terms and conditions.
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 officials, including use of the United States Coast Guard seal, logo, crests or reproductions of
flags or likenesses of Coast Guard officials.
Article XXXIX - Whistleblower Protection Act
Recipients must comply w1h the statutory requirements for whistleblower protections (if applicable) at '10 U.S.C seotion 2409,
41 U.S.C. section 4712, and 10 u.s.c. section 2324, 41U.S.C. sections 4304 and 4310.
Article XL - Assurances, Administrative Requirements, Cost Principles, Representations and Gertifications
DHS financial assistance recipients must complete either the office of Management and Budget (oMB) StandardForm 4248
Assurances - Non-Construction Programs, or OMB Standard Form 424D Assurances - Construction Programs, as applicable'
Certain assurances in these documints may not be applicable to your program, and the DHS financial assistance office (DHS
FAO) may require applicants to certify additional assurances. Applicants are required to fill out the assuranoes applicable to
their'program as insiructed by the awarding agency. Please contact the DHS FAO if you have any questions.
DHS flnancial 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 at 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, certily that the
recipienis poli"l"" ire in aocordance with OMBs 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 Award
When original or replacement equipment acquired under this award by the recipient or its subrecipients is no longer needed
for the ori- inal project or program or for other activities currently or previously supported by a federal awarding agency, you
must requ-est instructions'from fEUn to make proper disposition of the equipment pursuant to 2 C.F.R. Section 200'313.
Article XLll - Patents and lntelleetual Property Rights
Recipients are subject lolhe Bayh-Dote kt,35 U.S.C. section 200 ef seg, unless otherwise provided by law. Recipients are
subjeot to the speclfic requirements governing the development, reporting, and disposition of rights to inventions and patents
r"sutting from federal financial assisiance awlrds located at 37 C.F.R. Part 4O1 and the standard patent rights clause located
at 37 C.F.R. section 401.'14.
BUDGET COST CATEGORIES
Personnel $438,972.40
Fringe Benefits $170,301.00
Travel $0.00
Equipment $0 00
Supplies $16,825,00
Contractual $3,596,694.00
Construction $0.00
lndirect Charges $49,226.00
Other $0,00
DHS-FEMA-EM PG.ARPA.FY21 Page 30 ol 35 City of Kent EMD, E22-256
Obllgatlng Documenl for AwanUAmendm€nt
1a. AGREEMENTNO.
EMS-202 I -EP-00008-S01
9, NAMEOF RECIPIENT
PROJECT OFIICER
TirzahKincheloe
1 I. EFFECTIVE DATE OF
THIS ACTION
1010u2020
PROGRAM
NAME
ACRONII|]VI
CFDANO.
EmerB€ncy
Manatcment
Performance
Gralts
97.042
2. AMENDMENTNO.
{i*'lt
PHONENO.
2535127456
12.
METHOD
OF
I'AYMEN'I
PARS
ACCOLINTINGDATA
(ACCS CODE)
)L\LYX-)Ofi-X)OOC(X-
x)ooo(-)L$o(-rco(x-x
2021 -FD-GA0t-R1 07- -41 20-D
10. NAME OF FEMA PROJECT COORDINATOR
Central Scheduling and Information Desk
Phone: 800-368-6498
Email: Askcsid@dhs,gov
I 3. ASSISTANCE ARRANGEIvIENT
Cost Reimbursement
8. PAYMENT OFFICE AND ADDRESS
FEMA Finance Center
430 Market Street
Winchester, VA2:2f03
14. PERFORMANCEPERIOD
3.
RECIPIENT
NO.
916001095G
4. TYPE OF ACTION
AWARD
5. CONTROLNO.
FY2O2IRlOEMPGARPA
6. RECIPIENT NAME AND 7. ISSUING FEMA OFFICE AND
AI]DRESS ADDRESS
WashingtonMilitary FEMA-GPD
Department 400 C Street, SW, 3rd floor
Building 20 Washington, DC2O472-3645
Camp Murray, WA, 98430 - POC: 866-927-5646
5122
Fronr:
10ta1pa2a
tsudgct Pcriod
1010112024
'fo:
09/3012023
09f3012023
I 5. DESCRIPTION OF ACTION
a. (Indicate funding data for awards or financial changes)
PzuOR
TOTAL
AWARD
AMOLTNT
AWARDED
TTIIS
ACTION
+ oR(-)
CXIRRENT
TOTAL
AWARD
$0.00 $2,136,034,00 $2,136,034.00
$0.00 s2,136,03{,00 s2r136,064.00
CUMIILATIVENON-
FEDERAL COMMTMENT
Sce Totals
$2,136,034.00
b. To describe changesother than fwrding data or financial changes'attach schedule and check here.
N/A
16 a. FORNON-DIsASTERPROGRAMS: RECIPiENT IS REQUIRED To SIGNAIIDRETURN THREE (3) COPIES OF THIS
DOCTIMENT TO FEN4A (See Block 7 for adrlress)
Emergency Management ierformance Grants recipients are not required to sign and retum copies of this document. However, recipients
should print and keep a copy of this document for their records'
I6b. FOR DISASTEITPROGRAMS: RECIPIENT ISNOT REQUIRED TO SIGN
This assistance is subject to term s and conditions attached to this award notice or by incorporated reference in program legislation cited
above.
17. RECIPIENT SIGNATORY OFFICIAL (lrlame and Title)
Tirzah Kincheioe, Mrs
18. FEMA SIGNATORY OFFICIAL (Name and Title)
TIIERESA MUSCAT BARA, hogram Manager
DATE
Wed Sep 01 18:27:36 GMT
2Q2l
DATE
Mon Aug 30 15:41:01 GMT
2021
DHS-FEMA.EM PG.ARPA-FY21 Page 31 of35 City of Kent EMD,E,22-256
Attachment D
WORK PLAN
FY 2021 Eme ncy Manageme nt Performance Grant- American Rescue Plan Act
nt Divisionof Kent - Eme M
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 CoordinationPrlmary Corc Capability
Operational CommunicationsSecondary Core CeprbilitY
Sustaining/MaintainingEuild or Sustain
ANTICIPATED PROJECT IMPACTTDENTIFIED 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 ResiliencePrimary Core Capability
PlanningSecondary Core CePabilitY
Sustaini ng/Mainta iningEuild or Surtain
ANTICIPATED PROJECT IMPACTtDENTIFTED GAP/NEEDWORK PLANNED
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
preparedness campaign.
Priority Area flZ
4.9 Training
Community ResiliencePrlmary Core Capabillty
Operatio nal CoordinationSecondary Core CaPabilitY
Sustaining/MaintainingBuild or Sustain
ANTICIPATED PROJECT IMPACTTDENTTFIED 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 Stafl
City Stafl Fire Staff, and EM Volunteers
to career development workshoPs,
seminars, conferences, and training for
emergency management.
Priority Area #3
4.11 Emerge ncy Public lnformation and Education
Community ResiliencePrlmary Cote Capabillty
Operationa I CoordinationSecondary Core Capabillty
Priority Area #4
DHS-FEMA-EMPG-ARPA-FY21 Page 32 of 35 City of Kent EMD, E22-256
:tullsqrSuetaln'Sustaining/Maintaining
WORK PTANNED 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
m ultiple 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 ln 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-reliant; and
for the communitY to rebuild theY
must be educated on how to be
prepared and how to take care of
themselves and others around
them.
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.FY21 Page 33 of 35 City of Kent EMD, E22-256
Attachment E
TIMELINE
FY 202l Emergency Management Performance Grant'American Rescue Plan Act
DATE TASK
June 1,2421 Grant Agreement Start Date
July 31 ,2422 Submit reimbursement request
December 31,2022 Grant Agreement End Date
February 15,2023 Submit final reimbursement request, flnal report, training
requirement report, and/or other deliverables'
The Subrecipient must request prior written approval from Department Key Personnel to waive
or extend a due date in the above Timeline'
For waived or extended reimbursements, atl allowable costs should be submitted on the next
scheduled reimbursement due date contained in the Timeline.
DHS.FEMA-EM PG.ARPA-FYz1 Page 34 of 35 City of Kent EMD,E22-256
Attachment F
BUDGET
FY 2021
SOLUTION
AREA
nt Performance Grant' American Rescue P lan Act
('zzz
5o.
zo
N
=(,
0co
Con n ntra
Other
nel & Fri efi ts
Diem
e5
Cons ulta nts cts
Other
Person & Frin
Tra vel Diem
Su le5
Consu n
Other
Personn Fil Benefits
Tra Diem
2IEMPG.ARPAAW
BUDGET CATEGORY
onnel & Fri Benefits
vel Diem
lies
EMPG AMOUNT MATCH AMOUNT
00
431
9
800
L 31
.$..
Subtota I
subtota I
Su btota I
Subtota I
t$
subtota I
s
T
7
lr|IA
L'&,
UJx
UJ
cts
$
gtzz
4F
*3ctut
ot les
lies
Cons u lta ntra cts
Other
Person Fri Benefits
Tra D
E consulta acts
Other
...1.ndi rect
Indired Cost Rate on file 0.00% lor Time Period of: N/A
TOTAL 6rant Arreement AMOUNn s 24.231 s 24,23L
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 Department.
Funding source: U.s. Department of Homeland security - Pl#713PA - EMPG-ARPA
DHS.FEMA.EM PG-ARPA-FY21 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 completins this form.
DATE SUBMITTED
112412022City of Kent - Emergency Management
NAME OF O IZATION
CONTRACT NUMBER
E22-256
PROJECT DESCRIPTION
Emergency Management Performance Grant - ARPA
1. AUTHORIZINGAUTHORITY
TITLEffERM OF OFFICEPRINT OR TYPE NAMESIGNATURE
MayorDana Ralph
Fire ChiefMatthew Morris
I
2. AUTHORIZED TO SIGN CONTMCTS/CONTRACT AMENDMENTS
TITLEPRINT OR TYPE NAMESIGNATURE
MayorDana Ralph
Fire ChiefMatthew Morris
{/
3. AUTHORIZEDTO SIGN REQUESTS FOR REIMBURSEMENT
TITLEPRINT OR TYPE NAMESIGNATURE
EM Coordinator llJennifer Keizer
r ]^o*k {u?'q
EM - Division Chiet,M,{Jeff DiDonato
1\HOME\KARENB\....\WP\SIGNAUTH Revised 3103
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 verifi7 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
ir" 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 Gontracts/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 ad.vijabte 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.
Doing business as (DBA)
ManagementKentE
Jeff DiDonato
Federal EmPloYerTax
ldentification #:
WA Uniform Business
ldentifier (UBl)
173-000-002
Appllcable Procurement
or Sollcitation #, if anYlADDRESS
400 West Gowe #414 Kent, WA 98032
ofaThis toasis
Washington Military Department Contract Number: :"-'""
Debarment,Suspension, lneligibility or Voluntary Exclusion Gertification Form
--Lower
Govered Transactions
The prospective lower tier ParticiPa nt certifies, by submission of this proposal or contract, that neither it nor its
principals is presentlY debarred, susPended,proposed for debarment, declared ineligible, or voluntarily excluded
from particiPatio n in this transaction bY anY Federal dePartment or agency.Where the ProsPective lower tier
participant is unable to certifY to anY of the statements in this certification,such prospective participant shall
attach an exPlanation to this form.
Bidder or Gontractor Signature:
lnstructions For Certification Regarding Debarment, Suspension, lneligibility and Voluntary Exclusion
Tier Covered Transactions
1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out
below.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this
transaction was entered into. lf it is later oeterminlo that the prospective'lower tier participant knowingly rendered an
erroneous certiticalion, in addition to other remedies available to ihe Federal Government the department or agency
with which this transaciion originated may pursue available remedies, including suspension and/or debarment'
3. The prospective tower tier participant snlli pr-vide immediate written notice tb the department, institution or office to
which this proposal is submitted it at any time G 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, debarrei, suspended,'ineligible, lower tier covered.transaction, participant' person'
primary covered transaction, principal, ptipori, "nd
voluntirily excluded, as.used in this clause, have the meaning
set out in the Definitions and coverage ""ftionr
of rules implementing Executive order 12549' You may contact the
p"oon to which tfris-pioposal is submitted for assistance in obtaining a copy of those regulations'
5. The prospective lower tier participant agr""s by submitting th[ prop-osat that,. should the proposed covered
transaction be entered into, it shall not knowingly enter into ariy towei tier covered. transaction with a person who is
proposed tor aeuaiment under the applicabte dfR, debarred, suspended, declared ineligible, or voluntarily excluded
from participation in this covered transaction, unless authorized by the department or agency with which this
transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled
..certification Regarding Debarment, i;;fi"fi, inetigibility-and
'Vo'luntary Exclusion-Lower Tier covered
Transaction,,,without modification, in all lower tier coveredlransactions and in ai solicitations for lower tier covered
transactions.
T. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered
transaction tnat it is not pr"tGd tor oeoirment lnder applicable cFR, bebined, suspended, ineligible, or voluntarily
excluded from covered transactions, unleis it knows that'the certification is erroneous' A participant may decide the
method and frequency by which it oetermines the eligibility of its principals. Each participant may, but is not required
to, check the List oi F"rti6. Excluded from Federal Procurement and Non-procurement Programs'
g. Nothing containeJ in it " ioregoing shall be construed to require establishment of a system of records in order to
render in good faith the certification ,"qrir"o-uv tnis clause..the knowledge and information of a participant is not
required to exceed ttrat wnich is normatty foireJs"o by a prudent person in th.e ordinary course of business activity'
g. Except for rransactions authorizeo uno6r-p-aralraph 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, ineligible, oiuoruniarirv 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
prrru" available remedies, including suspension and/or debarment.
Certification Regarding Debarment, suspension, lneligibility and voluntary Exclusion"Lower Tier
Y BEFORE SIGNING THE c ERTIFICATION.Federal regulations r€qu rre contractors and bidders to sign
READ CAREFU LL in order to participate in certain transaciions directly
abide by the terms of this certificatlon,without modification,
federal funds.
Print Name and Title:Jeff D - Division Chief / Emergency Mgr
Date:t A3
EXHIBIT D
TNSURANCE REQUTREMENTS FOR
CONSULTANT SERVICES AGREEMENTS
Insurance
The Consultant shall procure and maintain for the duration of the Agreement,
insurince against claims for injuries to persons or damage to pro.perty which
miy ariie fr-om or in connectioh with th'e performance of the work hereunder
Oy the Consultant, their agents, representatives, employees or
subcontractors.
A. Minimum ScoPe of Insurance
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned,.non-.
owned, hired and lbased vehicles. Coverage lfa,lt be written
on Insurance Services Office (ISO) form CA 00 01 or a
substitute form providing equivalent liability coverage. If
necessary, the policy shall be endorsed to provide
contractual liabilitY coverage.
Commercial General Liabilitv insurance shall be written on
ffi CG 00 01. The City shall be named as
an Additional Insured under the Consultant's Commercial
General Liability insurance policy with respect to the work
performed for the City using ISO additional insured
endorsement CG 20 10 11 85 or a substitute endorsement
providing equivalent coverage.
2. Workers' Compensation coverage as required. by the
fnOttstriat InsJrance laws of the State of Washington'
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Automobile Liabilitv insurance with a minimum combined
s'llgielimrt for bodily inlury and property damage of
$1,000,000 Per accident.
2. Commercial General Liabilitv insurance shall be written with
ffi2,000,000 each occurrence' $4'000,000
general aggregate.
EXHIBIT D (Continued)
C, Other Insurance Provisions
The insurance
provisions for
insurance:
policies are to contain, or be endorsed to contain,.the following
Automobile Liability and Commercial General Liability
1. The Consultant's insurance coverage shall be primary insurance as
respect the City. Any Insurance, s-elf-insurance, or insurance.pool-
coverage maintained'by the City shall be excess of the Consultant's
insurance and shall not contribute with it.
2. The Consultant's insurance shall be endorsed to state that coverage shall
not be cancelled by either PartY, except after thirty (30) days.prior
written notice by c-ertified mail, return receipt requested, has been given
to the City.
3. The City of Kent shall be named as an additional insured on all polic.ies
(exiepi Professional Liability) as respects work performed by o_l on behalf
of tne Consultant and a copy of the endorsement naming the City as
additional insured shall be'attached to the Certificate of Insurance. The
City reserves the right to receive a certified coPy.of all required insurance
policies. The Consrlltant's Commercial General Liability insurance.shall
blso contain a clause stating that coverage shall apply separately to each
insured against whom claim is made or suit is brought, except with
respects tb the limits of the insurer's liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than A:VII.
E. Verification of Coverage
Consultant shall furnish the City with original certificates and a copy.of the
amendatory endorsements, inciuding but not necessarily limited to the
iOAltionaf ihsured endorsement, evidencing the insurance requirements of
the Consultant before commencement of the work.
F. Subcontractors
Consultant shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Consultant.
J[€'f€ral,,t HAME orr tdis iii'a LaoM NQTzN, t LLt Not s DECLARATIONS AMENDED Nov 23 2021
Pollcy Numbcr 98-88-A477-0&,A STOCK COMPANY WITH
fr?,F9,\93fr! f * r 5 o I s - s s 2 s
Namsd lnoured
M-15-2778-FACD F N
Pollcv Perlod
12 Mbnths
0ale
2022
E#
.,oao
001601 3123
SARAH KATHRYN1.II I LER ,6r0 ll sT NE
AUBURN TIA 98002-4588
,lll,tlllhllhtl'rllllrlrlllhllllllrrlllltllsllrrnl'lllLlllll
12 12
The oolicv period besins qnd
time'at tr6 Fremlses Iocauon
ends at12:01 am standard
Aoenl and Mailing Adclress
S6orr HUBERT TNS ACCY INCI E I'IAIN 5T STE I4O
AUBURI{ }lA 9800?-4906
PH0NE: (255) 853-5050(866) 935-5030
Olfice Policy
Automatlc Hcnewal
forms in effectfor ea
- lf *re policy period i
ch succeeding Policv
s shown as 12 monlha , $is will be renewed automati
p eriod. lf tris policy is term
law.
, we will give you and the
cally subiectto the premiums,
M ortga g6e/Lienholder written
policy
inated
rules and
notice in
liance wit'T the provisions or as uired
Entlty: lndividual
Reasbn lor Declaratlons: Your policy is amended NOV 23 2021
ADDITIONAL INSURED ADDED
PREMIUM ADJUSTMENT
FORM CMP.4791 ADDED
Other items shown are eifective
with the policy's 2022 renewal
Endorsement Premium
lncrease $ 24,00
@ Copyright $tats Farm Mutual Automobils lnsurance Oompany' 2$8
lnoludes oopYrighted material of lnsurance Servicer 0ffito, lnc,, with its permission'
Continued on Reverse Side ol Page
Discounts ApPlied:
Claim Record
Prepared
JAN 13 2022
cMP-4000
011456 290 |
E
Page 1 of 7
6110-886..2 0!.ll 20ll lolt
M r 1456
DECLARATTONS (CONTTNUED)
OtfICE POIicv for MILLER. SARAH KATHFYN
Pollcy Number 9g-88-A477.0
Locatlon
Number Locatlon ol
Dercrlbed
Premlsee
Llmlt of lnsurance*
Coveraoe A.
Bulldlngs
Llmlt of lnsurancg*
Coveraoe B -
tsurlne$ Fersonal' Propsity i
Seasonal
Increase-
Buslnerr
Personal:Ptoporty
001 610 H ST NE
AUBURN WA 98002-4388
No Coverage $t 600 25o/o
As as own
sEcTtoN |. |NFLAT|ON COVERAGE tNpEX(ESr
N/A
276.6
SECTION I' DEDUCNBLES
Cov A - lnllation Coverage lndex:
Cov B - Consumer Price lndex:
Baelc Deductlble
Speclal Deductlbles:
Money and Securities
Equipment Breakdown
$1,000
$250
$1,000
Employee Dishonesty $250
Other deductibles may apply - refer to policy
Prepared
JAN 13 2022
cMP-4000
01 1466
@ fopyriEht State'Frrm Mutual Automobile lnsurancg Comprny,2008
lncludss copyrightdd nrtsriol of lnrurance $arvicea Oflice, lno., with itr permission.
Continued on Ne)d Page Page 2ol 7
tateFarm&.DECLARATI0NS (CoNTINUED)
gff.lce f er{ey -t9r MrL LE$,.$ft?#\THFYN
PollcY Number
ffi IMIT
o
6a
COVEHAGE
Accounts Receivable
On Premises
Off Premises
Arson Reward
Back-UP Of $ewer Or Drain
Collapse
Damage To Non-Owned Buildings From Theft' Burgtary Or Robbery
Debris Removal
Equipment Breakdown
Fire DePartment Service Charge
Fire Exlinguisher Systems Recharge Expense
ForgerY Or Alteration
Glass ExPenses
lncreased Gost ol construction And.Demolition costs (applies only when buildings are
i;;;edb i rePlacement cost basis)
Money And $ecurities (Off Premises)
Money And Securities (On Premises)
Money Orders And Counterleit Money
NewlvAcquiredBusinessPersonalProperty(appliesonlyilthispolicyprovidesffi;Ud;E " gusiness Personal Propertv)
NewlvAcquiredorConstructodBuildings(appliesonlyifthispolicyprovides
Coverage A - Buildings)
$50,000
$15,000
$5,000
$15,000
tncluded
Coverage B Limit
25"/o at covered loss
lncluded
$5,ooo
$5,ooo
$10,000
lncluded
10o/o
INSURANCE
$5,ooo
$10,000
$1,000
$100,000
$250,000
Prepared
JAN 13 2022
cMP-4000
011457 290
@ Copyright, Stats Farm Mutual Automobilp lnsuranoa Company' ?008
lnoludes copyrightsd moterial of lngurance Servioes 0ftice' lnc'' with ite pormission'
Oontinued on Reverse Sido of Page Page 3 of 7
ffilsi f,i,jfit r,"' *"S.B$*x
DECLARATTONS (CONTTNUED)
H KATHRYN
77.0
M 1 1456
lncluded
$5,000
$5,000
$15,000
$'10,000
30 Days
$2,500
$2,500
$5,000
$50,000
$15,000
lncluded
Ordinance Or Law - Equipment Coverage
Outdoor Property
llffll Effects. (applies only to those premises provided coverage B - BusinessPersonal Property)
Personal Property Olf premises
Pollutant Ctean Up And Removal
Preservation Of property
Propertv Ot Others (applies only to those premises provided Coverage B - BusinessPersonil property) '
Signs
Unauthorized Business Card Use
Valuable Papers And Records
On Premises
Off Prernises
Water Damage, Other Liquids, powder Or Molten Material Damage
il3.:io:T?,:il?#-xfllffl;il;3gJ'$!!1r.*?,llJerow are the most we wir pav resardress or the number or
COVERAGE
Dependent Property - Loss Of lncome
Employee Dishonesty
Utility lnterruption - Loss Of lncome
Loss Of lncome And Extra Expense
@ Copyright, Stlts tnrm Mutudl,Automobile lnsurance Company.2008
lncludogcopyrightedmatsriol of lnsuranceserviceo Office. lns,,wirhitspermission.
Continued on Next page
LIMIT OF
INSURANCE
$5,000
$10,000
$10,000
ActualLoss $ustained- 1Z Months
Prepared
JAN 13 2022
cMP-4000
)11457 Page 4 st 7
.rtgasa g, tl,&DECLARATIONS (CONTINUED)
Olflce Pollcv for MILLER, SARAH KATHRYN
PollCy Number 98'BB-A477'0
hft
e
.,o68
COVERAGE
Coverage L - Business LiabilitY
Coverage M - Modical Expenses (Any One Person)
Damage To Premises Rented To You
AGGREGATE LIMITS
Products/Completed Operations Aggregate
General Aggregate
LIMIT OF
INSURANCE
$2,000,000
$5,000
$300,000
LIMIT OF
INSURANCE
$4,000,000
$4,000,000
Each paid ctaim for Liability Coverage reduces the amount ol insurance we provide.during the.applicable
;;ilJffi;rffi.'pi;;;;;i;i to-Secti6n tt - t-iability in the Coverage Form anci any attached endorsements.
your policy consists of these Declaralions,.the BUSINESSOWNEHS COVERAGE FORM shown below, and any other
forms and endorsemeni'dittir a'i,iitv]'niiuiiiig tfiose snown below as wellas those issued subsequent to the
issuance ol this PolicY,
ANN FN FNYS
cMP-4102
cMP-4791
cMP-4819,1
FE-6999,3
cMP-4247.1
cMP-4705.2
cMP-4710
cMP-4709
cMP-4706
oMP-4704,1
cMP-4703.1
cMP-4713.1
cMP-4786
Businossowners Coverage Form
.Addl lnsd State Political Perm
Unauthorized Business Card Use
Terrorism lnsurance Cov Notice
Amendatory Endorsement
Loss of lncorng & Extra ExPnse
Employee DishonestY
Money and $ecurities
Back-Up of Sewer or Drain
Dependent ProP Loss ol lncome
Utility lnterruption Loss lncm
Excl Testing Consulling E&O
Addl lnsd Owners Lessee Sched
Prepared
JAN 13 2022
cMP-4000
01 1458 290
F
0 Copyripht Stote Farm Mutusl Automobile lnsurance Compan% 20t)8
lncludsg copyrightad mRtarial of lnsurancs Sorvioes office. lnc., with its permission'
Continued on Reverss Side of Page Page 5 of 7
M 1 1456
OfTiCE PoIiCv for MILLER. SARAH KATHRYN
Policy Number 96-88-A477-0
DECLARATIONS
Employers Liabilily
Actual Cash Value Endorsement
Amendment of Premium Cond
Policy Endorsement
Al Design Person Org
lnland Marine Attach Dec
'New Form Attached
cMP-4779
FE-3650
cMP-457?
cMP'4561,1
oMP-4860
FD-6007
spHEpuLE qF ApprroNAL TNTEHESTS i
!
lnterest Type: Addl lnsured-Section ll lnterpst Type: Addl lnsured-Section ll
Endorseni6nt #: CMP4791 Endcirsement #: CMP4786
Loan Number: N/A Loan Number: NIA
THE CITY OF SEATTLE
ATTN: JOHN KERR
PO BOX 34987
sEArrLE WA 981244987
CITY OF DES MOINES
21630 1 1TH AVE S STE A
DES MOINES WA 981986338
lnterert Type: Addl lnsured-Section ll
Endortement #: CMP479'1
Loan Number: N/A
Addl lnsured-Section
cMP4860
N/A
CITYIOF KENT
22A 4TH AVE S
KENT WA 98032s895
lnterfst Type;
Endors€mont
Loan Number
#:
CITYIOF RENTON
10s5is GRADY WAY
RENTON WA 980573232
Prepared
JAN 13 2022
cMP"4000
01 1458
@ Cowright Stata Farm Muturl lnsurance Company, 2tXl8
lncludee copvrighted maturirl ol I Sgrvicsr 0ffiqe, lno., with its pormission,
Continued Next Page Page 6 of 7
welarm
&_
ffi
DECLARATIoNS (coNTINUED)
8[l'S? i,?.Ilfi#or
Mr L L E&-Btlft+'SrH RY N
ThispolicyisissuedbythestateFarmFlreandCasualtycompany.
ParticiPating PolicY
you are ensfled to partclpate ln a dlstrlbution of the earnings of thecompany a$ detarmined by our Board of Dlrectors ln
;;;;;;;*ip'-tn! ci-tiipd;/" A'ti;6 of lncorporation' as amended'
ln witness whereof, hE state Farm Fire and casualty company has cauEed thls polloy to be slgned by its President and
Secretarv at Bloomington, lllinois'ffiwW /i,"/917i
Secretab President
I
r*
'E
Prepared
JAN 13 2022
cMP-4000
011459 290
F
@ Copyright, Stato Farm Mutual Automobile lnsurancs Company' 20$
lncludsscopyrightedmatgrialoflnsuranoesorvicee0ffice,lnc,.withitrpormioeion.
Page 7 al 7
Jaqlqt g, !aa
A STOCK AOMPANY WITH HOME OFFICES IN ELOOMINGTON, ILLINOIS
n?rfl?fdg;f,! f * 7 i o I s - s s 2 s
Named lngured
M-l5-2778-FACD F N
HILLER, SARAH KATHRYN
610 H ST NE
AUEURN tlA 98002-4588
INLAND MARINE ATTACHING DECLARATION$ .
Policy llumber 98-88-4477-0
Exoiration Date
FEB 12 2023
2:01 am standard
Policv Peilod Ellsctive Dato
12 Mbnths FEB 12 2022
The oolicv oeriod beqins and ends at1
tim e'at thb ilrem ises Tocaton.
&.
o
N
E
hs
Fo
ATTACHING INTAND MARINE
Autrmatic Renewal - lf
forms in effect fsr each
the policy pedod is shown
sucbeedinl policy period.
, this policy will
terminated, we
automatically subiectto the premiums, rules and
and *re Mortgagee/Lienholder written notce lnas 12 monlhs be renewed
lf dtis policV is
law.
will give you
c0m ce widr the s0ras uired
Annual Policy Promlum lncluded
The above Premium Amount is included in the Policy Premium shown on tre Oeclarations
your oolicv consists of these Declaratlons, tre INLAN0 MARINE C0NDITt0NS shown below, and any otter forms and endorsemens that
ffiiv:irfiili;; fli;;;'ri'ffi b;ffiei;ell is trose issued subsequentto the issuance of this policv'
Fonns, 0ptiono and Endoruemente
FE-8724
FE-8744.1
lnland Marine Conditions
lnland Marine ComPutor ProP
See Reverse for $chedule Page witfr Limits
Prepared
JAN 13 2022
FD-6007
01 1460
0 Copyrigh! Stats Farm Mutual Automobils lnsuronce Compuny' 2008
lncludes oopyrightod material ol lnsurance services office, lnc., with its pormission,
530 6S6 a.? 0! ll ?0ll lotB
M 1 t456w-rrl,-At, t:t
ATTACHIT{O ITI.A[{D MARIilE
ATTACHIiIG I]I IAttI II MAR I TtI E $CH EDUI,E PAG E
ENDOBSEMENT
NUMBER
FE-8744.1
COVERAGE
lnland Marine Computer Prop
Loss of lncome and Extra Expense
LIMIT OF
INSURANCE
DEt)UCTIBLE
AMOUNT
f 500
ANNUAL
PREMIUM
I nc I udEd
I nc luded
s
$
25r000
25r000
:1
Prepared
JAN 13 2022
FD-6007
01 1460
OTHER LIMITS AND EXCLUSIONS MAY APPLY . REFER TO YOUR POLICY
@ Copyright, State Forn Mututl Autorpbilc lnrumnoe Comprny' 2fi8
lnoluder cogyri0hBd matorirl ol lnrurance srrviorr o{fim, lno,, with itr permigsion.
580.600 r,z 0Ftt-l0l I {olBtfi cl
sailurlxtf,
taal;rart,, VO-E O-A'tt rV vt rr9 I Page 1 of 1&,THISENDORSEMENTCHANGESTHEPoLIcY.PLEASEREADITCAREFULLY.
CMP4791 ADDITIONAL INSURED - STATE OR POLITICAL SUBDMISIONS
Permitsl(
ffit
o
nE
This endoreement modifies ineurance provided under the following
BUSINESSOWNERS COVERAGE FORM
SCHEDULE
Policy Number: 98-88-A477-0
Named lnsured:
MILLER. $ARAH KATHRYN
610 H ST NE
AueunN wA 98002-4388
Name And Address 0f Addltlonal lnsured or Politlcal subdivision:
TTLE
98124-49W
1. sEcTloN ll - Wl'lO lS AN INSURED of SECTIOI'I ll - LIABILITY is amended to include as an ad-
ditional ineured, any state or politicaTlrdJiriri,;;;rrown in ine $chedule, but onlv with respect to op-
erations performed by you o, on your"ililff iilwni"n ir,i slat" or poiiiibit subdivision hds issued a
permit,
2. With respect to the insurance afiorded the additional insured, this insurance does not apply to:
a. "Bodilv iniury", "property damage",..or "personal and advertising injury" arising out of operations
p?rtoiinba rrjrinb sthte br municipality; or
b. ,,Bodily injury,,or,,property damage" included within the "producb-completed operations hazard"'
3. Anv insurance provided to the additional insured.shall only apply with respect to a claim made or av' ;Juit;'i,;;ir;iri tdr Oamiges for which you are provided coverage.
4. primary lnsurance. The insurance afforded the additional insured shall be primary. insurance' Any
insurance .rrn"i-'ny'th;'ffiifi;;arTriJui"a inltt ue noncontdbutory with respect to coverage pro-
vided by You.
There will be no refund of premium in the event this endorsement is cancelled'
All other policy provisions apply'
cMP-4791
Copyrrght, State Farm Mutual At$omobile lneurance Company' 2008
"i'iiii6niio *tterialof lnsurance $ervices office' lnc" with its permission'@,
lnoludes