HomeMy WebLinkAboutCAG2023-335 - Original - Puget Sound Regional Fire Authority - Homeland Security Award MOU EMPG Sub-award - 01/01/2023 40 Agreement Routing Form
• For Approvals,Signatures and Records Management
NZKE N 1 This form combines&replaces the Request for Mayor's Signature and Contract Cover Sheet forms.
WASHINGTON (Print on pink or cherry colored Paper)
Originator: Department:
Robert Goehring, City Auditor Finance
Date Sent: Date Required:
> 06/05/2023 06/09/2023
0
p, Authorized to Sign: Date of Council Approval:
❑Director or Designee a Mayor
a /A
Budget Account Number: Grant? ❑Yes El No
N/A
Budget? []Yes ❑No Type:
Vendor Name: Category:
Puget Sound Regional Fire Authority Other - Memorandum of Understanding
Vendor Number: Sub-Category:
C N/A N/A
0 Homeland Security Award MOU between the City of Kent and the Puget
Project Name:
M Sound Regional Fire Authority - EMPG Sub-awards
L.
0 Establishes the requirements governing the RFA's administration of the EMPG Awards,
%= Project Details:including adherence to terms and conditions of the Grant Agreement and other federal
-W requirements.
C
d
Go Agreement Amount: Basis for Selection of Contractor: Other- N/A
W
i Start Date:01/01/2023 Termination Date: Notice Required
a
Local Business? ❑Yes ❑No*
*Ifineets requirements per KCC3.70.100,please complete"Vendor Purchase-Local Exceptions"form on Cityspoce.
Notice required prior to disclosure? Contract Number:
❑Yes ❑No C�aoa_ 33
Date Received by City Attorney: Comment .
c
0FKENT
2023 /
3 �
•� 1 D P-r
Cp' Date Routed to the Mayor's Office: Q 1!5
a3
Vf
Date Routed to the City Clerk's Office:
d
R
daccW22373_1_0 Visit Documents.KentWA.gov to obtain copie,of all greemen s
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF KENT
AND
PUGET SOUND REGIONAL FIRE AUTHORITY FOR
EMERGENCY MANAGEMENT PERFORMANCE GRANT SUB-
AWARDS
This Memorandum of Understanding (MOU) is entered into between the City of Kent, a
Washington municipal corporation (hereinafter the "City") and the Puget Sound Regional
Fire Authority, hereinafter the "RFA", a Washington municipal corporation formed in
accordance with Chapter 52.26 RCW.
RECITALS
WHEREAS, the City is an applicant for Emergency Management Performance Grant ("EMPG")
funds (Catalogue of Federal Domestic Assistance-CFDA 97.042) under Public Law 113-
76, as amended by Post-Katrina Emergency Management Reforms Act of 2006
(PKEMRA), as amended, (Pub. L. No. 109-295) (Title 6 U.S.0 Chapter 762, Section 662,
Public Law 109-295, Title 6 U.S.C. 762, as amended by Earthquake Hazards Reduction
Act of 1977, Public Law 95-124, Title 42 U.S.0 7701, as amended by Robert T. Stafford
Disaster Relief and Emergency Assistance Act, Public Law 93-288, Title 42 U.S.0 5121,
as amended by National Flood Insurance Act of 1968, Public Law 90-448, Title 42 U.S.0
4001; and
WHEREAS, the City desires to contract with the RFA for the performance of certain eligible
activities described within this MOU; and
WHEREAS, it is appropriate and mutually desirable that the RFA be designated by the City
to undertake the aforementioned eligible activities, so long as the requirements of the
EMPG award, Homeland Security regulations, and state and local laws are adhered to,
as provided for herein; and
WHEREAS, the purpose of this MOU is to provide for cooperation between the City and the
RFA, as the parties to this MOU, in the provision of such eligible activities; and
WHEREAS, the parties are authorized and empowered to enter into this MOU pursuant to
the Uniform Administrative Requirements, Cost Principles, And Audit Requirements for
Federal Awards aka the Common Grant Rule (2 CFR Part 200), Chapter 39.34 RCW,
and/or by the Constitution and the enabling laws of the State of Washington; NOW
THEREFORE,
For and in consideration of the terms and conditions provided in this MOU, the parties
mutually covenant and agree as follows:
MOU, Kent and RFA
EMPG Sub-Awards
INDEX To MOIL
SECTIONI - GENERAL CONDITIONS .....................................................................................................
A. Scope Of MOU........................................................................................................................
B. Scope Of Project ....................................................................................................................
C. Purpose And Primary Objective.................................................................................................1
D. Commencement And Termination Of MOU..................................................................................2
E. Administration .......................................................................................................................
F. Compensation And Method Of Payment .....................................................................................3
G. Eligible Costs.........................................................................................................................
H. Operating Budget...................................................................................................................
I. Approval And Amendments......................................................................................................
J. Assignment And Subcontracting ...............................................................................................
K. Hold Harmless And Indemnification...........................................................................................4
L. Project Close-Out...................................................................................................................
M. Insurance..............................................................................................................................
N. Conflict Of Interest.................................................................................................................
O. Suspension And Termination Of MOU.........................................................................................5
SECTION II - FEDERAL, STATE, AND LOCAL PROGRAM REQUIREMENTS .....................................................
A. Subawards And Contracts By Subrecipient .................................................................................6
B. Budget, Reimbursement, and Timeline ......................................................................................7
C. Reporting .. ...........................................................................................................................
D. Equipment And Supply Management .........................................................................................
E. Environmental And Historical Preservation .................................................................................7
F. Procurement..........................................................................................................................
G. Subrecipient Monitoring...........................................................................................................
H. Limited English Proficiency (Civil Rights Act Of 1964 Title VI)........................................................7
I. NIMS Compliance.................................................................................................................. 7
J. EMPG Program Specific Requirements .......................................................................................7
K. DHS Terms And Conditions......................................................................................................
L. EMPG Work Plan.....................................................................................................................
M. Public Information ..................................................................................................................
N. Other Federal And State Requirements .....................................................................................8
O. Local Requirements ................................................................................................................8
SECTION III - MONITORING AND REPORTING REQUIREMENTS.................................................................
A. Monitoring.............................................................................................................................
B. Fiscal Reporting Responsibilities ...............................................................................................
C. Audits...................................................................................................................................9
SECTION IV - RECORDKEEPING REQUIREMENTS....................................................................................
A. Program Records and Inspections.......................................................................................... .
10
B. Financial Records ................................................................................................................. 10
C. Records Of Program Operations, Management And Evaluation..................................................... 11
D. Procurement Records............................................................................................................
11
E. Nondiscrimination And Equal-Opportunity Records .................................................................... 11
F. Conflict Of Interest............................................................................................................... 1
G. Verification Of Subcontractor's Eligibility .................................................................................. 12
MOU, Kent and RFA
EMPG Sub-Awards ii
SECTION I - GENERAL CONDITIONS
A. SCOPE OF MOU
The agreement between the parties shall consist of this MOU and its signature page;
the recitals page; the general conditions and any special conditions; the federal, state
and local program requirements; the monitoring and reporting requirements; the
recordkeeping requirements; each and every project exhibit, appendix, and
attachment incorporated into the MOU; all matters and laws incorporated by
reference herein; and any written amendments made according to the general
conditions. This MOU supersedes any and all former agreements applicable to
projects attached as Exhibits to this MOU.
B. SCOPE OF PROJECT
The RFA shall use the funds provided herein only to perform the activities authorized
by this MOU and as set forth in the Washington State Military Department Grant
Agreements. The projects included in this MOU are comprised of Emergency
Management Performance Grant Agreements (Grant Agreements) effective June 1,
2022 through September 30, 2023, and all subsequent Emergency Management
Performance Grant Agreements awarded to the City. This MOU may be amended in
writing from time to time, in accordance with the general conditions, for the purpose
of adding new projects, amending the scope of work, or for any other lawful purpose.
C. PURPOSE AND PRIMARY OBJECTIVE
The purpose of each of each respective Grant Agreement is to provide U.S.
Department of Homeland Security (DHS) Emergency Management Performance
Grant (EMPG) funds to local jurisdictions and tribes with emergency management
programs to support and enhance those programs as described in the EMPG Work
Plan (Exhibit D of each Grant Agreement).
Pursuant to Section III Purpose of the Interlocal Agreement for the Division of
Services Resulting from the Formation of the Kent Fire Department Regional Fire
Authority, the RFA performs the following services on behalf of the City: Fire
Prevention, Emergency Management, and Fire Investigation Services. Further,
Exhibit C Office of Emergency Management of the Interlocal Agreement requires the
RFA to apply for and manage all disaster recovery grants, Emergency Performance
Grants, and other public assistance grants.
Emergency Management Performance Grants (EMPG) can only be awarded to cities,
counties and tribes with emergency management programs. Therefore, the RFA is
not eligible to receive Emergency Performance Grants (EMPG) directly from the
Washington State Military Department. Because the RFA administers the City's
emergency management program, the City is providing the EMPG funds received
pursuant to each respective Grant Agreement to the RFA.
MOU, Kent and RFA
EMPG Sub-Awards
D. COMMENCEMENT AND TERMINATION OF MOU
This MOU will commence on January 1, 2023. No work on a project funded by this
MOU shall occur prior to June 1, 2022. The RFA shall take all necessary precautions
and shall be responsible for the safety of its employees, agents, and subcontractors
in the performance of the contract work and shall utilize all protection necessary for
that purpose. Costs incurred prior to start date of this MOU will not be reimbursed.
This MOU is contingent upon the availability of funds to be allocated through federal
appropriations. Therefore, should funds to support RFA's services not be made
available through anticipated federal appropriations, this MOU may be terminated
without risk or liability to the City and without obligation to disburse funds or to
reimburse RFA any funds expended in anticipation of funding availability. All work
shall be done at RFA's own risk, and RFA shall be responsible for all losses associated
with services provided before the City issues its written notice to proceed. All acts
consistent with the authority of the MOU and prior to the date of the MOU's execution
are hereby ratified and affirmed, and the terms of this MOU shall be deemed to have
applied.
E. ADMINISTRATION
1. The RFA shall appoint a liaison person who shall be responsible for overall
administration of EMPG funded project(s) and coordination with the City's
Finance Department. The person appointed shall be designated in Exhibit A,
which is attached and incorporated by this reference. The RFA shall also
designate one or more representatives who shall be authorized to submit the A-
19 Invoice Form and completed Reimbursement Spreadsheet (in the format
provided by the Washington State Military Department) detailing the
expenditures for which reimbursement is sought, which are established through
each respective Grant Agreement.
2. The RFA shall provide ten (10) days written notice to the City of any changes in
program personnel as established through this MOU and Article I Key Personnel
of each respective Grant Agreement.
F. COMPENSATION AND METHOD OF PAYMENT
1. The City shall reimburse the RFA only for eligible costs allowed pursuant to, and
in an amount not to exceed the amount specified, in each respective Grant
Agreement, and according to the procedures developed by the City of Kent.
Reimbursement shall be based on the A-19 Invoice Form, and completed
Reimbursement Spreadsheet, which shall be submitted to the Military
Department by the RFA's authorized representative.
2. The RFA shall submit an A-19 Invoice Form and completed reimbursement no
later than the due dates listed within the Timeline (Exhibit E of each respective
Grant Agreement), but not more frequently than monthly. The City reserves
the right to demand and recover reimbursements made for ineligible costs.
MOU, Kent and RFA 2
EMPG Sub-Awards
G. ELIGIBLE COSTS
1. All costs incurred must be reasonable and of a nature which clearly relate to the
specific purposes and end product of each respective Grant Agreement under
which the services are being performed. Care must be taken by all concerned
in incurring costs to assure that expenditures conform to these general
standards and the following criteria for eligibility of costs.
2. To be eligible for reimbursement, costs must:
(a) Be necessary and reasonable for proper and efficient execution of the
contractual requirements and in accordance with an approved budget.
(b) Be no more liberal than policies, procedures, and practices applied
uniformly to other activities of the Agency.
(c) Be accorded consistent treatment through application of account policy
and procedures approved and/or prescribed herein.
(d) Not be allowable under or included as costs of any other federal, state,
local or other agency-financed programs in either prior or current periods.
(e) Be net of all applicable credits such as purchase discounts, rebates or
allowances, sales of publication or materials, or other income or refunds.
(f) Be fully documented.
H. OPERATING BUDGET
The RFA shall apply the funds received from the City under this MOU in accordance
with Exhibit F Budget of each respective Grant Agreement.
I. APPROVAL AND AMENDMENTS
Pursuant to Kent City Code 3.70.230, the Mayor is authorized to accept grants and
approve contracts and interagency agreements valued at $100,000 or less.
Accordingly, this MOU does not require Kent City Council authorization, and it will be
routed to the Mayor for approval. For RFA approval, this MOU will be routed according
to RFA contracting procedures.
Either party may request modifications in the scope of permissible activities, terms,
or conditions of this MOU. Proposed modifications which are mutually agreed upon
shall be incorporated by a written amendment to this MOU.
J. ASSIGNMENT AND SUBCONTRACTING
1. The RFA shall not assign any portion of this MOU without the written consent of
the City, and it is further agreed that said consent must be sought by the RFA
not less than fifteen (15) days prior to the date of any proposed assignment.
MOU, Kent and RFA 3
EMPG Sub-Awards
2. Any work or services assigned or subcontracted hereunder shall be subject to
each provision of this MOU and proper bidding procedures to the extent herein.
K. HOLD HARMLESS AND INDEMNIFICATION
1. The RFA agrees that it is financially responsible and liable to the City for any
audit exception or other financial loss to the City which occurs due to the RFA's
negligence or failure to comply with the terms of this MOU unless such audit
exception or other financial loss is the result of the City's negligence or failure
to comply with the terms of this MOU in which case the City shall be financially
responsible for such audit exception or other financial loss.
2. The RFA further agrees to defend, indemnify, and hold the City, its elected and
appointed officials, agents, and employees, while acting within the scope of their
duties as such, harmless from and against all claims, demands, and causes of
action of any kind or character, including the cost of defense thereof, arising in
favor of any person(s), including RFA's employees or third parties on account of
personal injuries, death, or damage to property arising out of services performed
or omissions of services or in any way resulting from the acts or omissions of
the RFA and/or its agents, employees, volunteers, subcontractors, or
representatives under this MOU.
3. The City further agrees to defend, indemnify, and hold the RFA, its elected and
appointed officials, agents, and employees, while acting within the scope of their
duties as such, harmless from and against all claims, demands, and causes of
action of any kind or character, including the cost of defense thereof, arising in
favor of any person(s), including City's employees or third parties on account of
personal injuries, death, or damage to property arising out of services performed
or omissions of services or in any way resulting from the acts or omissions of
the City and/or its agents, employees, volunteers, subcontractors, or
representatives under this MOU.
L. PROJECT CLOSE-OUT
The RFA acknowledges and agrees that the amounts set forth in each respective
Grant Agreement shall be used only to reimburse the RFA for eligible costs incurred
by the RFA during the period set forth in each Grant Agreement and that upon
expiration of such period, or upon earlier termination pursuant to this MOU, the RFA
shall have no interest in any said amount which is not required to reimburse the RFA
for eligible costs incurred before such expiration or earlier termination.
M. INSURANCE
The RFA shall maintain insurance in the types and amounts set forth in Exhibit B,
which is attached and incorporated by this reference.
MOU, Kent and RFA 4
EMPG Sub-Awards
N. CONFLICT OF INTEREST
A. Interest of Officers Employees, or Agents - No officer, employee, or agent of the
City or the RFA who exercises any functions or responsibilities in connection with
the planning and carrying out of the City EMPG program or the RFA's project, or
any other person who exercises any functions or responsibilities in connection with
the City's Finance Department, shall have any personal financial interest, direct
or indirect, in the MOU, and the City and RFA shall take appropriate steps to assure
compliance.
B. Interest of Subcontractor and Their Employees - The RFA agrees that it will
incorporate into every contract or subcontract, which is required to be in writing
and made pursuant to this MOU, the following provisions:
The Contractor covenants that no person who presently exercises
any functions or responsibilities in connection with the City EMPG
program has any personal financial interest, direct or indirect, in
this MOU. The Contractor further covenants that he/she
presently has no interest and shall not acquire any interest, direct
or indirect, which would conflict in any manner or degree with the
performance of his/her services hereunder. The Contractor
further covenants that in the performance of this MOU, no person
having any conflict of interest shall be employed. Any actual or
potential conflict of interest on the part of the Contractor or
his/her employees must be disclosed to the RFA and the City.
O. SUSPENSION AND TERMINATION OF MOU
1. Suspension for Failure to Perform - In the event of a failure to comply with any
terms or conditions of this MOU or failure to provide in any manner the activities
or other performance as agreed to herein, the City reserves the right to withhold
all or any part of payment, suspend all or any part of the MOU, or prohibit the
RFA from incurring additional obligations of funds until the City is satisfied that
corrective action has been taken or completed. The option to withhold funds is,
in addition to and not in lieu of, the City's right to terminate the MOU pursuant
to Paragraph (2) of this Subsection O.
2. Termination of MOU by the City - This MOU is subject to termination upon thirty
(30) days written notice by the City to the RFA in the event that:
(a) The RFA mismanages or makes improper or unlawful use of EMPG funds;
(b) The RFA fails to comply with any term or condition expressed herein or
any applicable federal, state, or local regulations or ordinances;
(c) EMPG funds no longer become available from the federal government or
through the City;
(d) The RFA fails to carry out activities required by this MOU; or
(e) The RFA fails to submit reports or submits incomplete or inaccurate
reports in any material respect.
MOU, Kent and RFA 5
EMPG Sub-Awards
3. Termination of MOU by the RFA - This MOU is subject to termination upon thirty
(30) days written notice by the RFA to the City in the event that:
(a) The City fails in its commitment under this MOU to provide funding for
services rendered, as herein provided; or
(b) EMPG funds no longer become available from the federal government or
through the City.
4. Upon termination of this MOU, any unexpended balance of Grant Agreement
funds shall remain with the City.
5. In the event termination occurs under Paragraph (2) of this Subsection O, the
RFA shall return to the City all funds that were expended in violation of the terms
of this MOU, if any, including, but not limited to, any unexpended EMPG funds
distributed to the RFA under this MOU, any accounts receivable, or any assets
or interests therein of any type and in any form acquired, leased, or rehabilitated
with EMPG monies.
SECTION II - FEDERAL, STATE, AND LOCAL PROGRAM REQUIREMENTS
A. SUBAWARDS AND CONTRACTS BY SUBRECIPIENT
The RFA will comply with all requirements as reflected in Article II Section A -
Subawards & Contracts By Subrecipient of each respective Grant Agreement.
B. BUDGET, REIMBURSEMENT, AND TIMELINE
The RFA will comply with all requirements as reflected in Article II Section A - Budget,
Reimbursement and Timeline of each respective Grant Agreement and Section I
Subsection F Compensation And Method of Payment of the MOU.
C. REPORTING
The RFA will comply with all requirements as reflected in Article II Section A -
Reportina of each respective Grant Agreement and Section I Subsection F
Compensation And Method Of Payment of the MOU.
D. EQUIPMENT AND SUPPLY MANAGEMENT
The RFA will comply with all requirements as reflected in Article II Section A -
Equipment And Supply Management of each respective Grant Agreement.
E. ENVIRONMENTAL AND HISTORICAL PRESERVATION
The RFA will comply with all requirements as reflected in Article II Section A -
Environmental And Historical Preservation of each respective Grant Agreement.
MOU, Kent and RFA 6
EMPG Sub-Awards
F. PROCUREMENT
The RFA will comply with all requirements as reflected in Article II Section A -
Procurement of each respective Grant Agreement.
G. SUBRECIPIENT MONITORING
The RFA will comply with all requirements as reflected in Article II Section A -
Subrecipient Monitoring of each respective Grant Agreement.
H. LIMITED ENGLISH PROFICIENCY (CIVIL RIGHTS ACT OF 1964 TITLE VI)
The RFA will comply with all requirements as reflected in Article II Section A - Limited
English Proficiency (Civil Rights Act Of 1964 Title VI) of each respective Grant
Agreement.
I. NIMS COMPLIANCE
The RFA will comply with all requirements as reflected in Article II Section A - NIMS
Compliance of each respective Grant Agreement.
J. EMPG PROGRAM SPECIFIC REQUIREMENTS
The RFA will comply with all requirements as reflected in Article II Section B - EMPG
Program Specific Requirements of each respective Grant Agreement.
K. DHS TERMS AND CONDITIONS
The RFA will comply with all requirements as reflected in Article II Section C - DHS
Terms And Conditions of each respective Grant Agreement.
L. EMPG WORK PLAN
The RFA will administer the EMPG award in accordance with the Work Plan established
through Exhibit D EMPG Work Plan of each respective Grant Agreement.
M. PUBLIC INFORMATION
1. In all news releases and other public notices related to projects funded under
this MOU, the RFA shall include information identifying the source of funds as
the City of Kent EMPG program.
2. Pursuant to Exhibit B Part A.23 Publicity of each respective Grant Agreement,
the RFA agrees to submit to the Washington Military Department prior to
issuance all advertising and publicity matters relating to each respective Grant
Agreement wherein the Department's name is mentioned or language used from
which the connection of the Department's name may, in the Department's
judgment, be inferred or implied. The RFA agrees not to publish or use such
advertising and publicity matters without the prior written consent of the
Department.
MOU, Kent and RFA 7
EMPG Sub-Awards
3. The RFA acknowledges that this MOU and any other information provided by it
to the City and/or relevant to the project(s) described in the Exhibit(s), are
subject to the Washington State Public Disclosure Act, Chapter 42.56 RCW,
except to the extent specifically exempted from disclosure therein.
N. OTHER FEDERAL AND STATE REQUIREMENTS
The absence of mention in this MOU of any other federal or state requirements, which
apply to the award and expenditure of federal funds made available by this MOU, is
not intended to indicate that those federal or state requirements are not applicable
to RFA activities. The RFA shall comply with all other federal and state requirements
relating to the expenditure of federal funds, including but not limited to the Hatch Act
(5 U.S.C. § 15) regarding political activities and the Architectural Barrier Act of 1968
(42 U.S.C. § 4151, et seq.).
O. LOCAL REQUIREMENTS
The activities performed under this MOU are for the purposes of serving residents of
the RFA service area and the RFA shall, to the extent reasonably possible, not use
said funds to provide services outside the RFA service area, or for any other purpose,
except as specifically authorized by this MOU.
P. Discrimination
In the hiring of employees for the performance of work under this MOU or any sub-
contract, the RFA, its sub-contractors, or any person acting on behalf of the RFA or
sub-contractor 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 qualified and available to perform
the work to which the employment relates. The RFA shall execute Exhibit C, the City
of Kent Non-Discrimination Policy Declaration, and shall comply with City
Administrative Policy 1.2.
SECTION III - MONITORING AND REPORTING REQUIREMENTS
A. MONITORING
Article II Administrative And/Or Financial Requirements Section A - Subsection 7
Subrecipient Monitoring of each respective Grant Agreement reflects that the Military
Department will monitor the activities of the Sub-grantee from award to close-out.
The RFA understands and agrees that it may be monitored by the City and the Military
Department from time to time to assure compliance with all terms and conditions of
this MOU and all applicable local, state, and federal laws, regulations, and
promulgated policies. Monitoring by the City under this MOU may include, but not
be limited to on-site inspections by City staff. The City reserves the right to contract
with another local government or other contracting party to perform this service.
MOU, Kent and RFA
EMPG Sub-
Awards 8
I
The RFA shall provide to the City a copy of any Military Department monitoring report
no later than thirty (30) days after the issuance of the report to the RFA. The RFA
shall provide to the City its response and corrective action plan for all areas of concern
contained in the monitoring report.
B. FISCAL REPORTING RESPONSIBILITIES
The RFA shall provide fiscal statements or reports as may be required from time to
time by the City, which statements or reports, or both, must indicate the status of all
accounts and funds being used to perform under this MOU. The RFA shall maintain
proper documentation and records of all expenditures incurred pursuant to the terms
of this MOU in a manner as will facilitate auditing by the Department of Homeland
Security, the Washington Military Department, and/or the City.
C. AUDITS
1. If the RFA expends a total of $750,000 or more in federal financial assistance
and has received federal financial assistance from the City during its fiscal year,
it shall have an independent audit conducted of its financial statement and
conditions, which shall comply with the requirements of generally accepted
auditing standards (GAAS); General Accounting Office (GAO's) Standards for
Audits of Governmental Organizations, Programs, Activities, and Functions; and
the Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards aka the Uniform Guidance (2 CFR Part 200),
as amended, and as applicable. Such audits are to be performed by the
Washington State Auditor's Office (SAO).
The RFA shall provide a copy of the audit report to the City no later than thirty
(30) days after the audit's completion or (6) months subsequent to the end of
the RFA's fiscal year, whichever date is sooner. The RFA shall provide to the
City its response and corrective action plan for all findings and reportable
conditions contained in its audit. When reference is made in its audit to a
Management Letter or other correspondence made by the auditor, the RFA shall
provide copies of those communications and the RFA's response and corrective
actions plan.
2. The Catalog of Federal Domestic Assistance (CFDA) number for the EMPG
program is 97.042.
SECTION IV — RECORDKEEPING REQUIREMENTS
A. PROGRAM RECORDS AND INSPECTIONS
The RFA shall make, maintain, and preserve books and records, of whatever form,
detailing all EMPG-related expenditures and costs incurred by the RFA. All such books
and records shall be made available to representatives of the City or the Military
Department, or both, for formal inspection and, where necessary, copying.
MOU, Kent and RFA 9
EMPG Sub-Awards
Intentional noncompliance with this provision shall constitute a material breach of
this MOU.
Throughout the term of this MOU, the RFA shall establish and maintain current the
records described in this Section. These records shall conform to the requirements
and specifications of their individual source authorities, which are cited herein. Be
advised that the listing in this Section is intended only to assist the RFA in identifying
the required records and their respective authorities, and is not all inclusive.
1. Time for Retention of Records - Except where otherwise specifically provided,
all records as of the end of the term of this MOU shall be kept in an accessible
file for at least six (6) years following final payment and closure of the grant
under each respective Grant Agreement.
2. Contract and Amendments - A complete copy of this MOU and all amendments
thereto and notices there under.
3. Records of City Approvals - Copies of all requests for amendments or revisions
to this MOU and the City's subsequent approval or denial of such requests as
are required under this MOU.
4. Subcontracts and Agreements - Complete copies of all contracts, subcontracts,
and agreements with third parties into which the RFA enters in the
performance under this MOU; and all correspondence, reports, and other
documentation pertaining to such contracts, subcontracts, and agreements.
5. Additional Contract Requirements - The RFA shall submit to the City a copy of
the most recent independent financial audit and a current list of the RFA's
board of directors.
B. FINANCIAL RECORDS
The RFA shall maintain all accounting records that accurately record the source and
application of all funds; and recording funds received under this MOU, all other
receipts, assets, authorizations and appropriations, obligations, disbursements and
unobligated balances. The records must:
1. Permit comparison of actual outlays with budgeted amounts;
2. Permit reporting of financial data on the accrual basis;
3. Be supported by source documentation;
4. Be independently audited usually annually, but not less frequently than every
two years.
C. RECORDS OF PROGRAM OPERATIONS, MANAGEMENT AND EVALUATION
The RFA shall maintain all records of:
1. Operating policies and procedures;
2. Employee qualifications, training, and evaluation;
MOU, Kent and RFA 10
EMPG Sub-Awards
3. Principal operations data: work units completed; clients served, classified by
client and service characteristics; staff hours utilized; etc.
4. Self-evaluation of services, programs, and employment practices for
compliance with 504 and ADA requirements.
D. PROCUREMENT RECORDS
The RFA shall maintain all records of:
1. RFA's adopted code of conduct governing officers' and employees' actions in
contracting and purchasing;
2. RFA's standard operating procedures for authorizing and executing purchases
and contract procurements of various sizes and types.
3. RFA's procurement procedures utilized and the basis for supplier
selection/contract award, for individual purchases or contracts exceeding the
dollar thresholds established in 2 CFR 200.320 Methods of Procurement To Be
Followed.
E. NONDISCRIMINATION AND EQUAL-OPPORTUNITY RECORDS
The RFA shall maintain:
1. A tabulation of all RFA employees classified by race, position, and salary in the
format of the U.S. Equal Employment Opportunity Commission Form EEO-4.
2. Data identical to that required under A. and B. above for any subcontractor or
agent employed in the performance under this MOU.
3. Documentation of all substantive actions taken to assure that no prohibited
discrimination occurs in the conduct of any of the RFA's operations.
4. Documentation of all actions taken to make minority residents aware of the
RFA's services and provide them with equal access to benefits.
5. Record of the racial classification and gender of the majority owners of each
private for-profit business with which the RFA contracts with any funds
provided under this MOU.
F. CONFLICT OF INTEREST
1. The RFA shall maintain records documenting that all RFA board members,
officers, employees and consultants have been informed of the conflict of
interest provisions of Exhibit B Part A.9 of each respective Grant Agreement
and have acknowledged understanding those provisions.
2. The RFA shall maintain a complete record of all requests for exceptions
submitted under each respective Grant Agreement.
MOU, Kent and RFA
11
EMPG Sub-Awards
G. VERIFICATION OF SUBCONTRACTOR's ELIGIBILITY
The RFA shall maintain records documenting that the RFA, all subcontractors, and
consultants have been determined not to be currently debarred, suspended, denied
participation or declared ineligible to participate in federal government funded
programs.
IN WITNESS, the parties below execute this Memorandum of Understanding,
which shall become effective on the last date entered below. All acts consistent
with the authority of this Memorandum of Understanding and prior to its effective
date, but no earlier than )une 1, 2022, are ratified and affirmed, and the terms of
this Memorandum of Understanding shall be deemed to have applied.
KENT FIRE DEPARTMENT REGIONAL FIRE CITY OF KENT:
AUTHORITY:
Sian in blue or black ink only
Print Name: Dana Ralp
Print Name: Brian Carson Title: Ma or
Title: Fire Chief DATE:
DATE: 010
APPROYFkD AS TO FO
Ken L De artmen
MOU, Kent and RFA 12
EMPG Sub-Awards
i
EXHIBIT A
MEMORANDUM OF UNDERSTANDING
Appointment of Liaison
EMPG Sub-Award Agreements
The Puget Sound Regional Fire Authority appoints the following person as the
liaison for the Memorandum of Understanding between the City and the Kent
Fire Department Regional Fire Authority; this person shall be responsible for
overall administration of the EMPG funded program:
Liaison: Jennifer Keizer, Emergency Management Program Coordinator
MOU, Kent and RFA
EMPG Sub-Awards
EXHIBIT B
INSURANCE REQUIREMENTS FOR
EPMG SUB-AWARD AGREEMENTS
Insurance
The RFA shall procure and maintain for the duration of the Agreement, insurance
against claims for injuries to persons or damage to property which may arise from
or in connection with the performance of the work hereunder by the RFA, their
agents, representatives, employees or subcontractors.
A. Minimum Scope of Insurance
RFA shall obtain insurance of the types described below:
1. Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 or its equivalent, with minimum limits of
$3,000,000 per occurrence and in the aggregate for each 1 year
policy period. This coverage may be any combination of primary,
umbrella or excess liability coverage affording total liability limits of
not less than $3,000,000 per occurrence and in the aggregate.
Products and Completed Operations coverage shall be provided for
a period of 3 years following Substantial Completion of the work.
The Commercial General Liability insurance shall be endorsed to
provide the Aggregate per Project Endorsement ISO form CG 25 03
11 85. The City shall be named as an Additional Insured
under the Contactor's Commercial General Liability
insurance policy with respect to the work performed for the
City. All endorsements adding Additional Insureds shall be
issued on form CG 20 10 11 85 or a form deemed equivalent,
providing the Additional Insureds with all policies and
endorsements set forth in this section.
2. Automobile Liability insurance covering all owned, non-owned,
hired and leased vehicles. Coverage shall be written on Insurance
Services Office (ISO) form CA 00 01 or a substitute form providing
equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage.
3. Workers' Comuensation coverage as required by the Industrial
Insurance laws of the State of Washington.
B. Minimum Amounts of Insurance
RFA shall maintain the following insurance limits:
1. Commercial General Liability insurance shall be written with
minimum limits of $3,000,000 per occurrence and in the aggregate
for each 1 year policy period. This coverage may be any
MOU, Kent and RFA
EMPG Sub-Awards
EXHIBIT B (Continued)
combination of primary, umbrella or excess liability coverage
affording total liability limits of not less than $3,000,000 per
occurrence and in the aggregate. Products and Completed
Operations coverage shall be provided for a period of 3 years
following Substantial Completion of the work.
2. Automobile Liability insurance with a minimum combined single
limit for bodily injury and property damage of $1,000,000 per
accident.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability:
1. The RFA's insurance coverage shall be primary insurance as respect
the City. Any insurance, self-insurance, or insurance pool coverage
maintained by the City shall be excess of the RFA's insurance and
shall not contribute with it.
2. The RFA's insurance shall be endorsed to state that coverage shall
not be cancelled by either party, except after thirty (30) days prior
written notice by certified mail, return receipt requested, has been
given to the City.
3. The City of Kent shall be named as an additional insured on all
policies (except Professional Liability) as respects work performed
by or on behalf of the RFA and a copy of the endorsement naming
the City as additional insured shall be attached to the Certificate of
Insurance. The City reserves the right to receive a certified copy
of all required insurance policies. The RFA's Commercial General
Liability insurance shall also contain a clause stating that coverage
shall apply separately to each insured against whom claim is made
or suit is brought, except with respects to the limits of the insurer's
liability.
D. RFA's Insurance for Other Losses
The RFA shall assume full responsibility for all loss or damage from any cause
whatsoever to any tools, RFA's employee owned tools, machinery, equipment, or
motor vehicles owned or rented by the RFA, or the RFA's agents, suppliers or
contractors as well as to any temporary structures, scaffolding and protective
fences.
MOU, Kent and RFA
EMPG Sub-Awards
EXHIBIT B (Continued)
E. Waiver of Subrogation
The RFA and the City waive all rights against each other any of their
Subcontractors, Sub-subcontractors, agents and employees, each of the other, for
damages caused by fire or other perils to the extend covered by Builders Risk
insurance or other property insurance obtained pursuant to the Insurance
Requirements Section of this Contract or other property insurance applicable to the
work. The policies shall provide such waivers by endorsement or otherwise.
F. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less
than ANII.
G. Verification of Coverage
RFA shall furnish the City with original certificates and a copy of the amendatory
endorsements, including but not necessarily limited to the additional insured
endorsement, evidencing the Automobile Liability and Commercial General Liability
insurance of the RFA before commencement of the work.
H. Subcontractors
RFA shall include all subcontractors as insureds under its policies or shall furnish
separate certificates and endorsements for each subcontractor. All coverages for
subcontractors shall be subject to all of the same insurance requirements as stated
herein for the RFA.
MOU, Kent and RFA
EMPG Sub-Awards
Issue Date:11/21/2022 Cert#:0000000202
CITIES INSURANCE ASSOCIATION OF WASHINGTON
CERTIFICATE OF COVERAGE
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES
NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE MEMORANDUM OF COVERAGE(MOC)BELOW.THIS CERTIFICATE OF COVERAGE DOES
NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT:IF THE CERTIFICATE HOLDER IS AN ADDITIONAL COVERED PARTY,THE MOC MUST BE ENDORSED.IF SUBROGATION IS WAIVED,SUBJECT TO
THE TERMS AND CONDITIONS OF THE MOC,CERTAIN COVERAGE MAY REQUIRE AN ENDORSEMENT.A STATEMENT ON THIS CERTIFICATE DOES NOT CONFER
RIGHTS TO THE CERTIFICATE HOLDER IN LIEU OF SUCH ENDORSEMENT(S).
PRODUCER COMPANIES AFFORDING COVERAGE
Clear Risk Solutions GENERAL LIABILITY
451 Diamond Drive CIAW/Old Republic Specialty Insurance Underwriters
Ephrata,WA 98823 AUTOMOBILE LIABILITY
Phone: (509)754-2027 Fax:(509)754-3406 CIAW/Old Republic Specialty Insurance Underwriters
COVERED MEMBER PROPERTY
CIAW/Old Republic Specialty Insurance Underwriters at al.
Puget Sound Regional Fire Authority CRIME I PUBLIC EMPLOYEE DISHONESTY
24611 -116th Avenue SE CIAW/Old Republic Specialty Insurance Underwriters
Kent,WA 98030
COVERAGES
THIS IS TO CERTIFY THAT THE COVERAGES LISTED BELOW HAVE BEEN ISSUED TO THE COVERED MEMBER NAMED ABOVE FOR THE COVERAGE PERIOD
INDICATED, NOT WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE COVERAGE AFFORDED BY THE MOC DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS
AND CONDITIONS OF SUCH MOC. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
TYPE OF COVERAGE MOC NUMBER MOC EFF MOC EXP DESCRIPTION LIMITS
DATE DATE
GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY CIAW222347269 12/1/2022 12/1/2023 GENERAL AGGREGATE $25,000,000
OCCURRENCEFORM
PRODUCT-CO MP/OP AGG $25,000,000
PERSONAL&ADV.INJURY $15,000,000
INCLUDES STOP GAP EACH OCCURRENCE $15,000,000
(LIABILITY IS SUBJECT TO A$750,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL PROGRAM AGGREGATE $50,000,000
AUTOMOBILE LIABILITY
ANY AUTO CIAW222347269 12/1/2022 12/l/2023 COMBINED SINGLE LIMIT $15,000,000
(LIABILITY IS SUBJECT TO A$750,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL PROGRAM AGGREGATE NONE
PROPERTY
CIAW222347269 12/1/2022 12/1/2023 ALL RISK PER OCC EXCL EQ&FL $100,000,000
EARTHQUAKE PER OCC $15,000,000
FLOOD PER OCC(except FZAav,which is $15,000,000
$1MM)
(PROPERTY IS SUBJECT TO A$750,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL PROGRAM AGGREGATE NONE
CRIME/PUBLIC EMPLOYEE DISHONESTY
CIAW222347269 12/1/2022 12/1/2023 PER LOSS $1,000,000
(CRIME IS SUBJECT TO A$25,000 SIR PAYABLE FROM PROGRAM FUNDS)
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES/SPECIAL ITEMS
Evidence of Coverage.
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED COVERAGE BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE MOC PROVISIONS.
CERTIFICATE HOLDER AUTHORIZED REPRESENTATIVE
Puget Sound Regional Authority
24611 -116th Ave SE
Kent,WA 98030
CIAW 2022-2023 Pagel
EXHIBIT C
DECLARATION
CITY OF KENT NON-DISCRIMINATION POLICY
The City of Kent (City) is committed to conform to Federal and State laws regarding equal
opportunity. As such all contractors, subcontractors, consultants, vendors, and suppliers who
perform work with relation to this Agreement shall comply with the regulations of the City's equal
employment opportunity policies.
The City of Kent and its contractors are subject to and will comply with the following:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat.
252), (prohibits discrimination on the basis of race, color, national origin);
• 49 C.F.R. Part 21 (entitled Non-discrimination In Federally-Assisted Programs
Of The Department Of Transportation-Effectuation Of Title VI Of The Civil
Rights Act Of 1964);
• 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement
of Title VI of the Civil Rights Act of 1964).
Ch. 49.60 RCW (Washington Law Against Discrimination)
The preceding statutory and regulatory cites hereinafter are referred to as 'the Acts and
Regulations".
The following statements specifically identify the requirements the City deems necessary for any
contractor, subcontractor, or supplier on this specific Agreement to adhere to. An affirmation of
all of the following is required for this Agreement to be valid and binding. If any contractor,
subcontractor, or supplier willfully misrepresents themselves with regard to the directives outlined
below, 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 statements 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, color, national origin, age, or the presence of all sensory, mental or physical disability.
3. During the time of this Agreement I, the prime contractor, will provide a written statement
to all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
EEO COMPLIANCE DOCUMENTS - 1 of 5
5. During the performance of this contract, the contractor, for itself, its assignees, and
successors in interest (hereinafter referred to as the "contractor") agrees as follows:
A. Compliance with Regulations: The contractor, subcontractor, consultant,
vendor, and supplier (hereinafter "Contractor") will comply with all Acts and the
Regulations relative to non-discrimination, including those applicable to Federally-
assisted programs of the U.S. Department of Transportation, State-assisted
programs through the Washington State Department of Transportation, and
generally under Washington's Law Against Discrimination, Ch. 49.60 RCW, as they
may be amended from time to time, which are herein incorporated by reference
and made a part of this contract.
B. Non-discrimination: The contractor, with regard to the work performed by it
during the contract, will not discriminate on the grounds of race, color, or national
origin in the selection and retention of subcontractors, including procurements of
materials and leases of equipment. The contractor will not participate directly or
indirectly in the discrimination prohibited by the Acts and the Regulations, including
employment practices when the contract covers any activity, project, or program
set forth in Appendix B of 49 CFR Part 21.
C. Solicitations for Subcontracts, Including Procurements of Materials and
Equipment: In all solicitations, either by competitive bidding, or negotiation made
by the contractor for work to be performed under a subcontract, including
procurements of materials, or leases of equipment, each potential subcontractor or
supplier will be notified by the contractor of the contractor's obligations under this
contract and the Acts and the Regulations relative to non-discrimination on the
grounds of race, color, or national origin.
D. Information and Reports: The contractor will provide all information and reports
required by the Acts and Regulations and directives issued pursuant thereto and will
permit access to its books, records, accounts, other sources of information, and its
facilities as may be determined applicable to contractor's contract by the City or the
Washington State Department of Transportation to be pertinent to ascertain
compliance with such Acts and Regulations and instructions. Where any information
required of a contractor is in the exclusive possession of another who fails or
refuses to furnish the information, the contractor will so certify to the City or the
Washington State Department of Transportation, as appropriate, and will set forth
what efforts it has made to obtain the information.
E. Sanctions for Noncompliance: In the event of a contractor's noncompliance with
the non-discrimination provisions of this contract, the City will impose such contract
sanctions as it or the Washington State Department of Transportation may
determine to be appropriate, including, but not limited to:
a. withholding payments to the contractor under the contract until the
contractor complies; and/or
b. cancelling, terminating, or suspending a contract, in whole or in part.
F. Incorporation of Provisions: The contractor will include the provisions of
paragraphs (A) through (F) above in every subcontract, including procurements of
materials and leases of equipment, unless exempt by the Acts and Regulations and
directives issued pursuant thereto. The contractor will take action with respect to
any subcontract or procurement as the City or the Washington State Department of
EEO COMPLIANCE DOCUMENTS - 2 of 5
Transportation may direct as a means of enforcing such provisions including
sanctions for noncompliance. Provided, that if the contractor becomes involved in,
or is threatened with litigation by a subcontractor, or supplier because of such
direction, the contractor may request the City to enter into any litigation to protect
the interests of the City. In addition, the contractor may request the United States
to enter into the litigation to protect the interests of the United States.
6. During the performance of this contract, the contractor, for itself, its assignees, and
successors in interest agrees to comply with the following non-discrimination statutes and
authorities; including but not limited to:
Pertinent Non-Discrimination Authorities:
i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252),
(prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part
21.
ii. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,
(42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose
property has been acquired because of Federal or Federal-aid programs and
projects);
iii. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination
on the basis of sex);
iv. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended,
(prohibits discrimination on the basis of disability); and 49 CFR Part 27;
V. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.),
(prohibits discrimination on the basis of age);
vi. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as
amended, (prohibits discrimination based on race, creed, color, national origin, or
sex);
vii. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope,
coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age
Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by
expanding the definition of the terms "programs or activities" to include all of the
programs or activities of the Federal-aid recipients, sub-recipients and contractors,
whether such programs or activities are Federally funded or not);
viii. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination
on the basis of disability in the operation of public entities, public and private
transportation systems, places of public accommodation, and certain testing entities
(42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation
regulations at 49 C.F.R. parts 37 and 38;
ix. The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123)
(prohibits discrimination on the basis of race, color, national origin, and sex);
X. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations, which ensures Non-discrimination against
minority populations by discouraging programs, policies, and activities with
disproportionately high and adverse human health or environmental effects on
minority and low-income populations;
i
EEO COMPLIANCE DOCUMENTS - 3 of 5
xi. Executive Order 13166, Improving Access to Services for Persons with Limited
English Proficiency, and resulting agency guidance, national origin discrimination
includes discrimination because of Limited English proficiency (LEP). To ensure
compliance with Title VI, you must take reasonable steps to ensure that LEP persons
have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
xii. Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C. 1681 et
seq).
xiii. Washington Law Against Discrimination (Ch. 49.60 RCW)
7. The submission of the final invoice for this contract will constitute a reaffirmation that the
preceding statements were complied with during the course of the contract's performance.
By signing below, I agree to fulfill the five requirements referenced above.
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 4 of 5
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: October 20, 2022
SUBJECT: INCLUSIVE CONTRACTING SUPERSEDES: January 1, 1998
APPROVED BY Dana Ralph, Mayor
POLICY:
Equal employment opportunity and non-discrimination in contracting requirements for the City of
Kent will conform to federal and state laws. All contractors, subcontractors, consultants, and
suppliers of the City must guarantee equal employment opportunity within their organization and,
if holding Agreements with the City amounting to $10,000 or more within any given year, must
take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Further, all contractors, subcontractors, consultants, suppliers, grantees, or subgrantees of the
City, regardless of the value of the Agreement, are required to sign the City's Non-Discrimination
Policy Declaration, prior to commencing performance.
Any contractor, subcontractor, consultant or supplier who willfully disregards the 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 coordinate with the City's Title VI coordinator, and perform 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.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS - 5 of 5
�.—G%t 1A✓
Goehring, Robert
From: Long, Adam
Sent: Friday, March 24, 2023 2:35 PM
To: Goehring, Robert
Cc: Reyes-Selden, Tania; Marks, Megan
Subject: RE: Request for Review and Approval - Draft EMPG Sub-Award MOU with RFA
Attachments: EMPG Sub-Award MOU (EMPG Sub-Awards) Law Review 3.24.2023.docx
Hi Robert, I've attached my review. This does not need to go to Council, and as I've noted in
here, the MOU does not need to terminate if there is a grant that exceeds $100k. That is
because this agreement is just the framework for how the RFA is to use funds received from the
City. At the time the City accepts the grant from the state or feds, that is when we will need to
either take the grant through council for acceptance if it's over $100k (and include the authority
to pass it through to the RFA pursuant to this MOU) or the Mayor can accept it if it's $100k or
less.
You'll see that language I've added requires an Exhibit C. I will get that over to you shortly.
Feel free to give me a call if you have questions.
-Adam
From: Goehring, Robert<RGoehring@kentwa.gov>
Sent:Tuesday, March 7, 2023 2:05 PM
To: Long, Adam <ALong@kentwa.gov>
Cc: Reyes-Selden,Tania <TRSelden@kentwa.gov>; Marks, Megan <MMarks@kentwa.gov>
Subject: Request for Review and Approval - Draft EMPG Sub-Award MOU with RFA
Hi Adam,
At long last I have updated the 2022 MOU to reflect a proposed "perpetual" MOU designed to
alleviate the need to create a new MOU on an annual basis tied to a specific EMPG Grant
Award. Please see attached Word Documents for your review and approval.
Central Question:
Does this MOU require Council approval? Section 1 I reflects Council approval only required if
there is a "substantial change" in the terms or conditions of the MOUT or each respective Grant
Agreement?
Key considerations:
Moving to Perpetual MOU. The City is subject to federal subrecipient monitoring
1. Basis for Mo g p Y J
requirements because these funds received from the state Military Department are
received by the City then passed-through to the RFA. Internal Audit and the RFA have
tried for years to obtain approval from the state and SAO to exempt the City from these
requirements for a multitude of justifiable reasons to no avail. Therefore, I have worked
with key stakeholders to try to minimize the adverse administrative burden on the City
and the RFA including the need to execute a separate MOU on an annual basis. See 1st
attachment. In August 2022 you and I were able to craft a framework transforming this
i
MOU from annual to ongoing namely through elimination of linkage to a specific grant
agreement.
2. Proposed MOU Development Considerations. See also attached e-mail. Internal Audit
used this e-mail as a framework for updating the MOU. Basically, I saved the 2022 MOU
final Word documents and updated for new language (track changes only used for the
Sub-Award MOU not the two exhibits). Key considerations:
a. MOU:
➢ Throughout MOU reference to specific grant agreement numbers replaced by
"EMPG Sub-Award" or "each" (grant agreement)
➢ Section I B Scope of Project significantly modified to reflect this MOU
comprised of EMPG (Grant Agreements) effective June 1, 2022 through
September 30, 2023, and all subsequent EMPG awarded to the City. June -
Sept relates to the baseline Grant Agreement (E23-153)
➢ Section 1 D Commencement and Termination of MOU establishes a June 1,
2022 commencement date for the MOU (ties to authorized start date of
"baseline", i.e. Grant Agreement E23-153) AND also includes a caveat that a
new MOU is required if the Grant Agreement exceeds $100,000 (triggering
requirement for Council approval of the grant. Question: Is this latter
part appropriate? Namely, does a requirement for Mayor approval of
the grant agreement also trigger new MOU?
➢ Section 1I Approvals and Amendments. As per attached e-mail, deleted
entire first paragraph because no longer relevant. Caveat: This language
appears to speak to the need for Council approval of this MOU (same may
also be true for the RFA Governance Board)
➢ Section III A Monitoring changed from the City "will" to the City "may" be
monitored from the City AND the Military Department because we intend to
only have our consultant do site visits IF the state does not conduct
monitoring visits (previous language commits the City to do so on an annual
basis).
➢ RFA Signature - Changed from Chief Morris to Brian Carson, Fire Chief
b. Exhibit A - Grant Agreement is no longer relevant because the MOU speaks to
these grant agreements without referencing specific awards or grants.
C. Exhibit B (Now Exhibit A) - Appointment of Liaison. No changes. Jennifer Keizer is
still the City's point of contact for these grants (noting that Lavina Brennecke is the
primary "operational" point of contact for the MOU)
d. Exhibit C (Now Exhibit B) - Insurance. No changes. Internal Audit obtained the
RFA Certificate of Coverage for 2023. As per attached e-mail from Chris Hills, we
are no longer required to have this MOU reviewed by Risk Management for
insurance "since the scope has not changed". Question: Does moving to
perpetual MOU represent a change in scope requiring review and approval
by Risk Management?
Next Steps:
1. Please advise regarding any changes to the MOU and advise regarding the questions
asked including, most notably, whether this needs to go to City Council.
2
2. Subsequent to your review, approval and direction, I will provided the proposed draft
MOU, as amended, to Courtney Black for review and approval and with then route to the
RFA for the same.
3. The RFA will determine whether the state intends to do a site visit at the RFA this year. If
not, then we will need to execute a Consultant Services Agreement with S.K. Miller, Inc.
4. Upon review and approval from the RFA and appropriate City personnel, I will send the
proposed MOU via an Agreement Routing Form to Law for processing. Again, the key
question is whether Council approval is required.
Robert A. Goehring, CFE, CPA, city,auditor
Internal Audit and Taxj Finance
220 Fourth Avenue South, Kent, WA 98032
Direct Line 253-856-5262 1 Fax 253-856-6255
rgoehringCc)iKentWA.Gov
CITY OF KENT, WASHINGTON
KentWA.aov Faceboo ouTube
PLEASE CONSIDER THE ENVIRONMENT BEFORE PRINTING THIS E-MAIL
3
►y�+���vc� by ����'�•tsc�iu�-)
Goehring, Robert f1�-r
From: Goehring, Robert
Sent: Monday, March 14, 2022 1:44 PM
To: Hills, Chris
Subject: RE: Request for Review and Approval - Insurance (City & RFA MOU - EMPG)
Thanks. I have "calendared" this as a reminder
Robert A. Goehring, CFE, CPA, City,auditor
Internal Audit and Taxi Finance
220 Fourth Avenue South, Kent, WA 98032
Direct Line 253-856-5262 1 Fax 253-856-6255
rgoehring@KentWA.Gov
CITY OF KENT,WASHINGTON
KentWA.QOV Facebook YouTube
PLEASE CONSX0ER THE ENVIRONMENT BEFORE PRINTING THXS E-MAIL
From: Hills, Chris<CHills@kentwa.gov>
Sent: Monday, March 14, 2022 8:25 AM
To: Goehring, Robert<RGoehring@kentwa.gov>
Subject: RE: Request for Review and Approval - Insurance (City& RFA MOU - EMPG)
Robert,
As I have shared with you each time this agreement renews, it is NOT necessary that you get
my approval since the scope is the same. Additionally, the RFA has $25M of insurance coverage
(and always has had that much coverage), which is more than adequate.
In the future, please just go ahead and proceed with routing the contract unless there is a
change in scope or coverage amount below the minimums I set years back...
Chris
Chris Hills, ARM-P, CRM, Risk Manager
Risk Management Division I Human Resources Department
220 Fourth Avenue South, Kent, WA 98032
Phone 253-856-5285 I Fax 253-856-6270
chills(@KentWA.aov
CITY OF KENT, WASHINGTON
KentWA.aov Facebook YouTube
PLEASE CONSIDER THE ENVIRONMENT BEFORE PRINTING THIS E-MAIL
From: Goehring, Robert<RGoehring kentwa.tov>
Sent: Wednesday, March 2, 2022 3:50 PM
To: Hills, Chris<CHills kentwa.gov>
Cc: Long,Adam <ALong@kentwa.gov>; Reyes-Selden,Tania <TRSelden@kentwa.gov>;Thornton, Lisa
<Ihornton@kentwa.gov>
Subject: Request for Review and Approval - Insurance (City& RFA MOU - EMPG)
Hi Chris,
Its that time of year again. The draft MOU for this year (Grant Agreement Nos. E22-142 and
E22-256) has been approved by Law, now I ask for your review and approval for
insurance. There have been no significant changes to last year except this year there are two
1
separate grant agreements. Please note that I had to change the Exhibit from "C" to "D" in
order to accommodate the additional Exhibit for the 2nd Grant Agreement.
Thanks
Robert A. Goehring, CFE, CPA, city Auditor
Internal Audit and Taxj Finance
220 Fourth Avenue South, Kent, WA 98032
Direct Line 253-856-5262 1 Fax 253-856-6255
r4oehring(aKentWA.Gov
CITY OF KENT,WASHINGTON
KentWA.aov Facebook YouTube
PLEASE CONSIDER THE ENVIRONMENT BEFORE PRINTING THIS E-MAIL
2
AVC � j Rpte`cGEec
Goehring, RobertFrom: Black, Courtney
Sent: Tuesday, May 9, 2023 12:17 PM
To: Goehring, Robert
Subject: RE: Request for Review and Approval - Draft MOU EMPG Sub-Awards
Hi Robert, as noted in our last meeting, this can move forward.
Thanks,
Courtney
Courtney Black (she/hers), Deputy Finance Director
Administration I Finance Department
220 Fourth Avenue South, Kent, WA 98032
Phone 253-856-526.5
cblack KentWA.gov
CITY OF KENT,WASHINGTON
KentWA.aov Facebook YouTube Instaaram
From: Goehring, Robert<RGoehring@kentwa.gov>
Sent: Wednesday, May 3, 2023 11:24 AM
To: Black, Courtney<CBlack@kentwa.gov>
Subject: Request for Review and Approval - Draft MOU EMPG Sub-Awards
Hi Courtney,
Pursuant to your request, I have attached the proposed MOU for your review and approval. As
previously discussed, this has been reviewed and approved by Law and HR (latter for
Insurance). I would like to be able to route the draft to the RFA by May 19, 2023 at the latest
if possible especially given that the 2022 MOU was fully executed on April 12, 2022. The MOU
only requires approval by the Mayor and Fire Chief. The next step would involve sending the
draft to Lavina Brennecke ultimately leading to transmittal of final to the City and the RFA for
signature and processing
As an aside, I have the various Word documents comprising most of this MOU if you would like
for editing purposes.
Thanks
Robert A. Goehring, CFE, CPA, City auditor
Internal Audit and Taxl Finance
220 Fourth Avenue South, Kent, WA 98032
Direct Line 253-856-5262 1 Fax 253-856-6255
rgoehrinq(@KentWA.Gov
CITY OF KENT,WASHINGTON
KentWA.QOV Facebook _..,. YouTube
PLEASE CONSIDER THE ENVIRONMENT BEFORE PRINTING THIS E-MAIL
1