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RESOLUTION NO. 4698
A'RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, _ AUTHORIZING THE ACCEPTANCE
OF A GRANT FROM THE KING COUNTY OFFICE OF
EMERGENCY MANAGEMENT IN THE AMOUNT OF NINETEEN
THOUSAND ONE HUNDRED SEVENTY DOLLARS ($19,170:00)
TO PROVIDE REGIONAL CITIZEN CORPS ACTIVITIES AND
EQUIPMENT .
WHEREAS, the City of Auburn is a participating member of the Whife
River Valley Citizen Corps Council; and
WHEREAS, the Department of Homeland Security has designated funds
to assisf local jurisdictions in providing programs and King County has dedicated some of those funds to Citizen Corps projects; and
- WHEREAS, Citizen Corps Council programs pcovide fraining and activities
to encourage community involvement in disaster response and;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Sectioro 1. Purpose. The City Council of the City of Auburn hereby
accepts a grant from the King County Office of Emergency Management in the
amount of Nineteen Thousand One Hundred Seventy Dollars ($19,170.00) to
fund regional Citizen Corps activities and equipment.
Section 2. Implementation. The Mayor of the City ofi Auburn, is hereby
authorized to implement such administrative procedures as may be necessary to
carry out the directions of this resolution.
Section 3. Effecti ve Dafie. This Resolution shall be in full force and effect
upon passage and signatures hereon.
Resolution No. 4698
April 6, 2011
Page 1
SIGNED and DATED this ~ day of April 2011.
C OF URN
PETER B. LEWIS
MAYOR ATf EST:
Dani °IIe Daskam,
City Clerk
APP ED A FORM:
City Attomey -
Resolution Na 4698
Apri16, 2011
Page 2
i
i J
King.County Office of Emergency Management
HOMELAND SECURITY SUBGRANTAGREEMENT FFY09
SUB GRANT ACREEMENT NUMBER: fFY09-CCP-001 PROJEGT TITLE: CITIZENS CORPS REFRESHER TRAINING & IN3TRUCTOR ID CLOTHING
THIS AGREEMENT is made and entered into by and between King County.and the Ciry of
Aubum, hereinafter "Subgrantee", for the express purposes sef forth in the following provisions
of this Agreement ,
It is understood that funding for this Agreement has been granted to King Counry by the United
States Department of Homeland Seairity (DHS) through the. Washington State Military
Department, Emergency Management Division (EMD) and the Washington Commission for
National and Community Setvice. The funding source of. the grant is the FFY09 Homeland
Security Grant, Sfate Homeland Security Program, Catalog of Federal Domestic Assistance
(CFDA) # 97.067, State Contract # K696.
, Neither the DNS nor the Federal Govemment shaq be a party to any subagreement nar to
any soi9citations or request for proposals. This Agreement shall be subjecC to the appticable
grant contract between DHS and EMD and the subgrant. contract between EMD and King
County. 'fhe.Subgrantee agrees not to,perform any act, fail to perForm any act, or refuse to
comply with any King County requests that would cause King County to be in violation of the
DH$ and EMD grant terms and conditions, a copy ofwhicFi is attached hereto as Exhibit D.
NOW THEREFORE, King County and the Subgrantee mutually agree as foUows:
1. SCOPE OF WORK, BUDGETAND APPROVED EQUIPMENT UST
The Swbgrantee wili accomplish the wock and tasks as set forth in this Agreement including the
Scope of 1Nork, (attachect hereto as Exhibit A), Budget (Exhibit B) and Approved Equipment List (Exhibit C):
2. PERIOD OF PERFORMANCE
The period of perFormance under tHis Agreement will be from March 1, 2011 to October 31,
2011. All work must be satisfactorily oompleted, and ali invoioe reimbursement requests,
reports, and.deliverables must be subinitted to King County Office of Emergency Management, by the end of this Period of Performance. -
3. CONTRACT REPRESENTATIVES King County's Project Manager on this Agreement shall be Tony Lewis - Homeland 3ecurity
Grant Specialist at 1Qng County Office of Emergency Management The Project Manager shall
be respon5ible for moniforing the perFormance of the Subgrantee, the approval of actions by the .
Subgrantee, approval for payment of biltings and expenses submitted by the Subgrantee, and
the accephance of any reports by the Subgrantee. .
'the. Subgrantee's representative to this Agreement sfiall be Sarah K. Miller - Emergency
Preparedness Manager, for the City of Aubum, who will be the contact person for -all
communications regarding the conduct of work under this Agreement and who will ensure that
all terms of the Agreement are met
Any notice required or permitted under this Agreement shak be deemed sufficientfy given or
served if sent to King County or the Subgrarrtee at the addresses provided below:
If`to K'ing County:
Tony Lewis
Kng County Office of Emergency Management
3511 NE 2"d Street Renton, WA 98056-4192
_ PH: 206.296.3830 / FAX: 206.205.4056
Tony. Lewis@kingcounty.gov • If to the Subgrantee; ,
Sarah K. Miller
. City of Auburn
25 W. Main Street
- Aubum, WA 98002-4904 .
PH: 253-876-1909 / FAX_ 253-939-7769
skmiller@aubumwa.gov
4: REIMBURSEMENT REQUESTS AND PAYMENT
This is a reim6ursement Agreement and wiff not to exceed $ 19169.50 (Nineteen thousand one
hundred: sixty-nine dollars and frfty cents) with compensation payable to the Subgrantee for
satisfactory performance of the work under this Agreement. Payment for satisfactory
petfocmance of the work shall not exoeed this amount. The parties may amend this amount by
mutual agreement.
Compensation for satisfactory work performance shall be payable upon receipt of properly
completed Invoice Reimbursement Request, which is available to the Subgrantee at.
F =J/www Idnacounty., ov~fetj~prenare/EmeraencwManaaementProfessfonals/Grants/SubGrants.asax '
lnvoice Reimbursement Request forms for eligible costs may be submitted no more than
monthly and no less : than quaiterlv after expenses have been incurred. Supporting
documentation is required fot reimbursement of ali expenses related to the Scope of Work,
Budget and Approved Equipment List. in Exhibits A, B. and C. Supporting documentation
includes, but is not limited to, paid invoices to vendors, paid expense claim forms, canceled
checks, etc. The documentation must also include the date of payment by the Subgrantee to
ensure that the work was compteted within the subgrant period of performance. When seeking
` reimbursement for equipment, #he Subgrantee must also present a Hand Receipt Form as well
as a copy of the vendor's invoice and paddng slip with a stafement signed and dated by the
Subgrantee's authorized representative tFiat sfates "ali items invoiced have been received in .
good working order, are operational; and have been invenforied according to contract and local
prvcurement requirements°. King County may also require the Subgrantee to document that .
funding govemed by this'Agreement,is not being used to rep[aoe or supptarrt existing programs,
staff costs, activities andlor equipment.
Payment shall be vonsidered timely 'rf maited by King County to the Subgrantee within thirty (30)
calendar days after receipt of properly completed fnvoice -Reimbursement Request. Payment
shall be sent to the address.designated by the Subgrantee on the Invoice Reimbursement
.Requ. est form. .FGng County may, at its sole discretion, withhold payments ctaimed by the
Subgranfee for senrices rendered if King County has deterrnined that the Subgrantee has failed
to satisfactorily comply with any term or condition of this Agreement.
K'ing County does not incur liability for any payment to the Subgrantee that is subsequently
disallowed by State or Federal granting agencies. King County reserves the right to withhold or recoup payment for work or activities determined by funding agencies to be ineligible for
reimbursement. . .
5. REPORTING REQUIREMENTS
. Narrative Progress Reports are dus on a calendar quarter basis. This report must inctude the
Subgrantee's progress in_ impfementing the Scope of Work, including any problems
encountered and possible cost overruns or under runs. If no orogress has been made on the
Aareement a reoort musf still be nrovided Quarterlv.
6. RECORDS MAINTENANCE
The Su6grantee shall matntain accounts and records, including personnel, financial, and
. programmatic records, and other such records as may be desmed necessary by King County,
fo ensure proper aceounting for atl project funds and 'compliance with this Agreement All such
records shafl sufficiently and properly reflect all direct and indirect costs af any nature expended
and service pravided in the performance of this Agreement. These records shall be maintained
for a period of six: (6) years after subgrant close-out, and shalt be subject to inspection, review
or audit by King County, State or Federal officials as sv authorized_ by law.
7: ENVIRONMENTAL & HISTORICAL PROTECTtON (EHP) REQUIREMENTS
The Subgrantee agrees that to, receive any federal preparedness funding, all Environmental &
Historical Protection (EHP) Program compliance requirements outlined in applicable guidance
must be- met. The Subgrantee is adyised that all projects that involve disturbing earth,
communlcat(on tawers, physical security enhancements, new construction, renovation, and
modifications to buildings and structures that are 50 years old or older require EHP review. All
otfier projects, including training and exercise activities, must be evaluated to determine impact.
If impact is identified:they must also go through an EHP review.
8. EQUIPMENT MANAGEMENT, ADMINISTRATIVE, & PROCUREMENT AND FINANCIAL
MANAGEMENT REQUIREMENTS
A. 'EQUIPMENTMANAGEMENT
A[I equipment purchased under this Agreement by the Subgrantee wi'!I be recorded and
maintained in an equipment inventory systern.
1. The Subgrantee shatl submit aq proposed equipment purchases to the appropriate
committee to ensure that:the requssted equipment is on #he Authorized Equipment List
(AEL), is aligned with the statewide equipment purchasing strategy, and meets all
sfatewide fnteroperability and 5t8ndardization requirements: No reimbursement for
. eguipment costs will ocxur until the apPrbprlate approyals have been obtained.
.2. The Subgrantee shafl ensure full oompliance with FEMA's Environmental and Historic
Presenration (EHP) Program requirements as outlined in the applicable grant guidance.
3. Upon Successfui completion of the terms of this Agreement, all equipment purchased
through this Agreement wi(i be owned by the Subgrantee,: or a recognized sub-grantee
for which a contract,.subgrant agreement, oc other means of legal transfer ofiownership
is in place.
4. The Subgrantee, or a recognized subgrantee shall be responsible for any and all .
operation and maintenance expenses and for the safe operation of the equipment,
induding ali quesfions of liabIlity:
5. Ail equipment purchased under this subgrant, by the Subgrantee or sub-subgrantee, will
. be recotded and maintained in the SuBgrantee's equipment inventory system unless
otherwise speafied in this agreement. 6. The Subgrantee shall maintain equipment records that include: a description of the
equipment; the manufacturer's serial number, model number, or other identfication
number; the source of the equipment, including the Catalogue of Federal Domestic
Assistance (CFDA) numbec; who holds title; the acquisition date; the cost of the
equipment and the percmentage of Federal participation in the cost; the location, use and
condition of the equipment at the date the information was reported; and disposition data
induding, the date ofidisposaf and sale price of the equipment .
.7. Records far equiprnent shall be.retained by the Subgrantee for a period of six (6) years
from the date ofithe disposidon, replacement or t.ransfer. If any titigation, claim, or audit is .
started before the expiration of the six (6) year period, the records shall be retained by
the Subgrantee until all litigations, claims, or audit findings involving the records have
been resolved.
8. The Subgrantee shal[ take a physical inventory of the equipment and reconcile the
results with the property records at least once every two (2) years. Any differences
between quantities determined by the physical inspection and those shown in the
records shall be investigated by the Subgrantee to deteRnine the cause of the difference.
The Subgrantee shall, in connection with the inventory, verify the existence, current •
utilization, and continued need for the equipment.
9. For the purpose of inventory and disposal of equipment purchased under this contract
the 44 CFR Section 13.3 definition of equipment will be used, 1t defines equipment as a
tangible, nonexpendable, personal property having a useful life of more than one year
and an acquisition cost of $5,000 or more per unit,. This definition will be used for
equipment purchased with contract funds, unless local or state regulations are more
- restrictive. '
10. The Subgrantee shalf develop a control system to ensure adequate safeguards to
prevent loss, damage, unauthorized use and theft of the equipment to include small and
attractive items. Any.loss, damage or theft shaU be invesfigated and a report generated
which will'be submitted to King County Office of Emergency Management.
11.The Subgrantee will develop adequate maintenance procedures to keep the property in
good condition.
12: If the Subgrantee is authorized or required to sell the property, proper sales procedures
must be established to ensure the highest possible return.
13. When original or replacement equipment is no longer needed for the original project or
program or for other activitiss cuRently or previously supported by a Federal agency,
disposition of the equipment will, be made as follows:
a. ttems of equipment with a current per-unit fair marlcet value of less than $5,000
may be retained, sold or othetwise disposed of bythe Subgrantee with no further
obligation to the awarcling agency.
b. ltems of equipment with a cuRent per-unit fair market value of more than $5,000
may be retained or sold and the Subgrantee shall compensate the Federa!-
sponsaring agency for its share.
14,As a subreapient of federal funds the Subgrantee must pass on equipmerit management
requirements that meet or exceed the requirements outlined above for all subgrantees •
who reoeive pass-thru funding from this contract.
.
15. Equipmenf purchased with funds from DHS grant programs should be marked with
°Purchased with funds provided by the U.S. Department of Homeland Security"
whenever possible. -
B. ADMtNISTRATIVE REGIUIREMENTS
The Subgrantee:shall comply with all financial and procurement guidanoe, including competitive
processes and other procurement requirements, to incfude but not limited to Office of
Management and Budget (OMB) Circulars A-87 (Cost Prinaples for State, Local and Indian
Tribal Govemmenfs), A102 (Grants and Cooperafive Agreements with State and Local
Govemments), A122 (Cost Prinaples for Non-Profit Organizadons), A133 .(Audits of States,
Local Govemments; and Non-ProfitOrgan'izations), the Federaf Einergency Management
~ Agency's (FEMA) codified regutations, and 44 code of Federal Regulations (CFR). Local and ,
state procurement and contraccting regulations take precedent vver these requirements when
local and state regulations are more stringent.
C. PROCUREMENTAND FINANCIAL MANAGEMENT REQUIREMENTS
Subgrantee must adhere to all:financial and procurement guidance, induding:
• Adhere to Office of Grants and Training requirements that all sole source contracts
over $100,000 be reviewed and approved by the King County prior to execution of a
contract. This requirement must be passed on to all of the Subgrantee's sub-
contractars, at which polnt the Su6grantee witl be responsible for reviewing and
approving theirsub oontractor's sote source justification.
= Adhere to Offioe of Grants and Training requirements that all contrasts with individual
consultants, that are not competitively bid, and where the consultant will be charging an
exc:ess of $450 per day (exduding travel and subsistenoe) must be approved by King
- County before the oontract is execxuted. This requirement must be passed on to al1 of
the Subgrantee's sub-contractors, at which point the Subgrantee will be responsible for
reviewing and approving their sub-c;ontrador's-oontracL
• Grant funds may not be used to replace or supplant exasting funding.
• No costs will be reimbursed in advance oftheir being incurred by the Sugrantee.
- No oosts will be reimbursed until the items have been received by the Subgrantee and
invoiced by the vendor. .
• No travel or "subsistenoe costs, induding lodging and meals, reimbursed with federal
funds may exceed federal maximum rates which can be found as http:!/www.gsa.gov.
9. COMPLIANCE WITH APPLICABlE LAWS AND GRANT REQUIREMENTS .
The Subgrantee shall be responsible for following all applicabte Federal, State and local laws,
ordinanees, rules and regulations in the performance of work described herein. New federal
laws, reguladons, policies and administrative practices may be established after the date this
Agreement is established and may appty to this Agreement. To achieve compliance with
changing federal requirements, the Subgrantee agrees to accept all changed requirements that
appiy to this Agreement and to require complianoe with changed requirements in all
. subcpntracts. Failure to comply shall constitute a material breacb of this.Agmement.
By entecing into this Agreement ' the Subgrantee agrees that to receive any federal
preparedness iunding, all National Incident Management System (NIMS) compliance
requirements outllned in applicable grant guidance rriust be met. .
The Subgrantee and all its subcontractors shall comply'with, and DHS is not resoonsibls for
determining compliance with, anv and all applicable federal, state, and local laws, regulations.
and/or policies. This ob(igation includes: but is not limited to, laws, regulations and policies
listed in thfs Agreement.
A. EQUAL EMPLOYMEPITOPPORTUNI'fY
During the performance of this Subgrant, the Subgrantee shall comply with all federal and
sfate nondiscrimination statutes and regulations. These requirements include, but are not
limited to: 1. Nondiscrimination in Employment: The Subgrantee shaU not discriminate against any employee or applicant for employment because of race, color, sex, sexual
orienfation, religion, nationaF origin, creed, marital status, age, Vietnam era or
disabled veterans status, or the presence of any senso ry, mental, or physical
handicap. Such action shall incfude, but not be limited to, the foHowing:
Employment, upgrading, demotion; or transfer, recruitment or recruitment selection
foi training, including apprenticeships and volunteers. This requirement does not
appfy, fiowever, to a religious corporation, association, educational institution or
society with respect to the employment of individuals of a particular religion to
perform work connected with the carrying on by such corporation, association,
educational institution or society of its activities. , 2. The Subgrantee shall take aifirmative action to ensure that employees are employed
and treated during employrnent withaut discrimination because of their raee, color,
religion, national arigin, creed, marital status, age, Vietnam era or disabled veterans
status, or the presence vf any sensory, mental, or physical handicap. Such action
shall include, but not be timited to, the following: Employment, upgrading, demotion,
or transfer, recruitment, or recruitrnent selecction for training, including
apprenticeships and volunteers.
Ref: Executive Order 11246, as amended by Executive Order 11375; Title Vll of the Civil ' Rights Act, as. amended, 42 USC § 2000e; section 4 of the Age Discrimination in
Employment Act of 1967, as amended, 29 USC § 623; secGon 102 of the Americans with
Disabilities Act, as amended, 42 USG 12101 et seq.; 29 CFR Part 1630; 41 CFR § 60-
1.4.
B. NON-DISCRIMINATION •
During ttie performance of this Agreement, neither the Subgrantee nor any party subcontracting under the authority of this Agreemerrt shall discriminate on the basis of race,
cofor, sex, religion, nationality, creed, marital status; sexual orientation, age, or presence of
any sensory, mentaf, or physical handicap'in the employment or application for employment or
'rn the administration or delivery of ot access to services or any other benefiits under this
Agreement as defined by }Gng County Code, Chapter 12.16.
During the performance of this Agreement, neither the Subgrantee nor any party
subcontracting under the authority of this Agrerement. shail engage in unfair empfoyment
, practices as deflned by Kng County Code, Chapter 12.17 or 12.18.
The Subgrantee shail comply fully with all applieable Federal, State and local laws,
ordfnances, executive orders and regulations that prohi6it such discximination. These laws
include, but are not limited to, RCW Chapter 49.60 and Tftles VI and VII of the Civil Rights Act
of 1964. .
During the performance of this Agreement, the Subgrantee, for itsetf, its assignees and
. sucxessors-in-interest agrees as follows:
1: Nondiscrimination
The Subgrantee, with regard to the work performed by it during the Agreement, sha11 not
discriminate on the grounds of race, color, creed, gender, disabilify, age or national origin.
in the selectlon and retention of subcontractors. The Subgrantee shall not participate
either directly or indirectly in the discrimination prohibited by Section 21.5 of the
' Regulations, inctuding employmenf practices when the Agreementi covers a program set
forth in Appendix B of the Regulations.
Refi 20 USC 1681 et seq., Age Discrimination Act of 1975, as amended, 42 USC
6101 et seq.; Sectlon 504 of the Rehabilitation Act of 1973, as amended, 29 USC § 794,,
Americans with Disabilities Act of 1990 (ADA), as amended, 42 USC 12101 et seq.
2. Solicitations for Subcontracts, Induding Procurements of Materials and Equipment
(n all' solicitations either by competitive propasal or negotiation made by the Subgrantee for
work to be performed under a suboontract each potential subcontractor or supplier shall be
notified by the Subgrantee of the Subgrantee's obligations under this Agreement and ttte
regulations relative to nondiscrimination on the grounds of race, color, creed, gender,
dlsabilify, age or national origin.
3. lnformation. and Reports .
The.Subgrantee shall provide all information and reports required by the reguladons or
directives issued pursuant.thereto and shall permit acoess to its books, records, acoounts,
other sources of information, and its facilities as may be determined ta be pertinent to
ascertain compliance with such regulations, orders and instructions. The Subgrantee shall
maintaln aN required records for at least six (6) years after fGng County makes final
payment and all other pending matters are closed. 4. Invorporation of Provisions
The Subgrantee shall include the provisions of paragraphs A through D of this section in
every subcontract, unless exempt by the regulations or direcdves issued pursuant thereto.
The Subgrantee shall take such action with respect to any subcontract or procurement as
King County or DHS may direct as a means of enforcing such provisions, including
sanctions for noncompliance. Provided, however, that, in the event the Subgrantee
becomes involved in or is threatened with litigation with a subcontractor or supplier as a
result of such dlrection, the Subgrantee may request King County to enter into such
_ litigation to protect the interests of the County, and in addition, the Subgrantee may
request the Federal Govemment to enter into such litigation to protect the interests of the
United States.
C. AMERICANS WITH DISABILITIES ACT
!n accocdance with section 102 of the Americans with Disabilifies Act, as amended, 42 U.S.C.
. § 12112, the Contractor shall comply' with the requirements of U:S. Equal Employment
Opportunity Commission, aRegulations to Implement the Equ,al, Employment Provisions of the
American"s with Disabilities Act;1-0 C.F.R. Part 1630, pertaining to empfoyinent of persons with disabilities. The Subgrantee is required to comply with all applicable reguirements of the Americans with
Disabilities Act of 1990 (AqA), 42 USC 12101, et seq.; Secction 504 of the Rehabilitation Act
of 1973, as amended, 29 USC § 794; and, and the fo(lowing regulations and any amendments
thereto: 1. U.S. Department of Justice (DOJ) regulations, "Nondiscrimination on the Basis of
Disability in State and Local Government Services," 28 CFR Part 35;
2. U.S. Department of Justice regulations, "Nondiscrimination on the Basis of Disabitiry by
Public Accommodations and in Commercial Facili4es," 28 CFR Part 36;
3. U.S. General Services Administration regulations, "Construction and Alteration of Public
Buildings,° 41 CFR Subpart 101-19; .
4, U.S. Equal Employment Opportunity Commission (EEOC) "Regulations to implement
the Equal Employment Provisions, of the Americans with Disabilities Act," 29 CFR Part
1630;
S. U.S. Federa( Communications Commission regulations, 'TelecommunicaUons Relay
Services and Related Custamer. Premises Equipment for the Hearing and Speech
'Disabled°, 47 CFR Part 64, Subpart F.
D. PRIVACY ACT Should the Subgrantee, or any of its subcontractors, or their employees administer any system
of records on behalf of the Federal Govemment, the Privacy Act of 1974, 5 USC § 552a,
imposes information restricaons on the party administering the system of records.
For , purposes of the Pmracy Act, when the Agreement involves the operation of a system of
records on individuals to accomprish a govemment function, the Subgrantee and any
subcontractors and thefr employees involved thereln are considered to be gavemment '
employees with respect to the govemment funcfion. The requirements of the Act, including the
civil and criminal penalges for violations of the Act, apply to those individuals involved. Failure
to comply with the terms of the Act or this provision of this Agreement shall make this
Agreement subject #o termination. The Subgrantee agrees to include this dause in all
subcontracts awarded under this Agrieement that involve the design, development, operation, or
maintenance of any system of records on individuals subject to the Act. E. INTEREST OF MEMBERS OF OR DELEGATES OF GONGRESS
Pursuant io 41 USC § 22, no member of or delegate to the Congress of the United States
shafl be admitted to any share or parf of this Agreement or to any benefit arising therefrom. F. DISCLOSURE OF LOBBYING ACTIVITIES
Agreements in excess of $100,000 require that a Certificafion. Regarding Lobbying, and
Disdosure of Lobbying Acbvities (f appropriate), be campleted and submitted to King County
as xequired by 49 CFR Part 20, "New Resfric#ions on Lobbying "
The Subgrantee certifies that it shall 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, officer or employee of Congress, or an employee of a
member of Congress in conneetion with obtaining any Federal Contract, grant or any other
award crovered by the Byrd Anti-Lobbying Amendment, 31 USC § 1352. The Subgrantee shall
disciose the name of any registrant under the Lobbying Disclosure Act af1995,-wdifiel at 2
USC § 1601 et seq.,: who has made lobbying contacts on its behalf with non-Federal funds with
respect to that Federal Contract, grant or award covered by 31 USC § 1352. Such disclosures
are.to be forwarded to King County.
The Subgrantee shall include the language of this certification in all subcontract awards at any
tier and require that all recipients of subcontract awards in excess of $100,000 shall certify and
disclose accorclingly. -
Ref: 49 CFR Part 20, modfied as. necessary by 31 USC § 1352.
G. FACSE OR fRAUDULENT STATEMENTS OR CLAIMS The Subgrantee acknowlecfges that if it makes a false, fictitious, or fraudulent claim, statement,- , submission, or certification to King County in connection with this project, the County reserves`. `
the right to pursue:the procedures and impose on the recipisnt the penafties of 18 USC § 1001,
31 tJSC 3729 and 3801 et seq., and/or49 USC § 5307(n)(1); as may be appropriate.
The Subgrantee agrees to include this clause in all subcontracts awarded under this
Agreement
H. ENERGY CONSERVATION
Tttie Subgrantee agrees to comply with mandatory standarcls and policies relating to energy
effiaency that are contained in ~the State Energy Conservation plan issued in oompliance with
the Energy Policy and Conservation Act, 42 USC 6321 e# seq.; and 49 CFR Part 18.
The Subgrantee agrees to include this dause in all subcontracts awarded under this
Agreement. :
I. ENVIRONMENTAL REQUIREMENTS
The Subgrantee agrees to comply with the applicable requirements of the National
Environmental Policy Act of 1969, as amended, 42 USC 4321, et seq., conslstent with
Executive Order No. .11514, as amended, "Protection and Enhancement af Environmental
Quality," 42 USG § 4321 note. Cauna( on Environmental Quality regulations on comp[iance
witii the National Environmental Policy Act of 1969, as amended, 42 USC § 4321 et seq. and
40 CFR Part 1500, et seq.
J. PREFERENCE FOR RECYCLED PRODUCTS
- To the extent practicable and economically feasible, the Subgrantee agrees to provide a
competifive preference for products and services that conserve natural resources and protect
the environment and are energy eff[cient Examples of such products may include, but are not
limited to, products described in the United States EPA Guidelines at 40 CFR Part 247,
implementing section 6002 of the Resource Conseniation and Recovery Act, as amended, 42
USC § 6962, and Execwtive Order 12873.. K. PATENT RIGHTS
If any invention, improvement, or diseovery of the Subgrantee'or any of its Subcontractors is
conceived or first actually reduced ta practice in the course of or under this Agreement, and that
invention, improvement, or discovery is patentable under the laws of the United States or any
foreign country; the Subgrantee agrees to notify King County immediately and provide a
detailed report. The rights and responsibitities of the Subgrantee and King County with respect
to such invention, improvement or discovery shall be de#ermined in accordance with applicable
Federal laws, regulaUons, poficies, and any waiver thereof. '
Unless the Federal Government later maKes a contrary determination in writing, irrespective of .
e.^ttae::5ubgrantee's status (i.e., a large business, smail business;.°s~°govemment or state
~ Sinstrumentality, local govemment, nonprofit organization, academic institution, individual), the
County and the Subgrantee agree to take the necsssary actions to provide, tthrough DHS, those
rights in that invention due the Federal Govemment as, described in U.S. Department of
Commerce regulations, °RigFits to Inventions Made by Nonprofit Organizations and Smali Busine'ss Firms Under Govemment Grants, Contracts and Cooperative AgrBements," 37 CFR
Part 401. -
. The Subgrantee also agrees to include the requirements of this •section in each subcontract for
experimental, developmen#al, or research work finanoed. in whole or in part with Federal
assistance provided by DHS.
Ref: 49 CFR Part 19, Appendix A, Section 5
L. OMB CiRCULARs
The Subgrantee shait comply with OMB Circular A-87, Cost Principles for State, Local, and
lndian Tribal Governments; OMB A-102, Grants and Cooperative Agreements with State and
Local Governments; OMB A-122, Cost Principles for Non-Profit Organizations; and A-133,
Audits of States, Local Govemments, and Non-Profif Organizations.
M. SINGE AUDIT ACT '
Non-federal entities receiving financial assistance of $500,000 or more in Federal funds from
all sources, direct and indirect, are required to have a single or a program-specific audit
conducted in accordance vrrith the U.S. Office of Management and Budget (OMB) Circular A-
133, Audits of States, Locaf Governments, and Non-Profit Organizations (Revised June 27,
2003, effective for fiscal years ending after December 31, 2003). Non-federal entities that
spend less than $500,000 a yeac in Federal awards are exempt from Federal audit
requirements for that year, except as noted in Circular No. A-133.
. Entities required to have an audit mu5t ensure the audit is performed in accordance with
Generally Accepted Auditing Standards (GAAS), Govemment Auditing Standards (the
. Revised Yellow Book) developed by the Comptroller General and the OMB Compliance
Supplement.
The'Subgrantee has th.e responsibility of noMying the State Auditor's O#fite and requesfing an
audit, if required.
The Subgrantee shall maintain, auditable records and accounts so as to facilitate the audit
requirement and shall ensure that any subrecipients or subcontractors also maintain auditable
records.
The Subgrantee must send a ietter stating there has been a single audit compteted and #here
were no findings or if there were findings, the letter should provide a list of the findings. The
Subgrantee is responsible for any audit exceptions incurred by its own organization or that of ' its suboontractors. Responses to any unresolved management flndings and disallowed or
questioned costs shall be included with the audit report. The Subgrantee. must respond to
King County Office of Emergency Management requests for information or corrective action
concerning audit issues or ftndings within 30 days of the date of request. FGng County Office
of Emergency Management reserves the right to reoover from the Subgrantee aq disaltowed
costs resulting from the audit. In addition to sending a copy of the audit, the Subgrantee must
include a corrective action plan for any audit findings and a copy of the management letter if
one was received.
The Subgrantee must send this letterto King County no later than nine (9) months after the
x end ofthe Subgrantee's frscal year(s). i`'°•~ ~The Subgrantee shall include the above audit requirements in any subcontracis.
N. CERTlFICATION REGARDING DEBARMENT, SUSPENSION, OR INELIGIBILITY
If Federa( funds are the basis for this eontract, the Subgrantee certifies that neither it nor its
principals are.presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in transactions by:any Federal department or agency.
By signing and submitting this Agreement; the Subgrantee is providing the signed,certification
set out` below. The certification in this clause is a material representation of fact upon which
reliance was placed when this b-ansaction was entered into, 1f it (s later determined that the
Subgrantee knowingly rendered dn erroneous certfication, the Federal Govemment and
County may pursue available remedies, including suspension andlor debarment.
The Subgrantee shall provide immediate written notice to King County if at any time the
Subgrantee learns that its certification was erroneous when submitted or has become
ecroneous by reason of changed circumstances.
The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered
o '
transaction,A Pparticipant,o npersons, nprincipal,n nproposal,n and "voluntarily excluded,n as °
used in this clause, have the meanings set out in the Definitions and Coverage sections af
rules implementing Executive Order 12549 [49 CFR Part 29].
The.Su6grantee agrees by signing this Agreement that it shall not knowingly enter into any
covered transaction witEi a person or subcontractor who is debarred, suspended, declared
ineligible, or voluntarily excluded ..from participation in this covered transaction, unless °
authorized in writing by King County.
The Subgraniee shall include the reguirement in this section in any subcontracts.
0. UTILIZATION OF MiNORITY AND 1NOMEN BUSINESS ENTERPRRISES (MWBE)
The Subgrantee is encouraged to utilize:firms that are certfied by the Washington State
Office of Minority and Women's Business Enterprises as minority-awned and/or women-
owned in carrying out the purposes of this contract.
10: AMENDMENTS
. This Agreement may be amended only by written concurrence of both parties. Amendments to
Scope ofi Work (Exhibit A), Budget (Exhibit B) and Approved Equipment List (Exhibit C) will only .
be approved if the proposed amendment is consistent with State and Federal granting agency
nafes: Except for changes in Equipment and: 3alaries & Benefits on the Budget (Exhibit B), up
to ten. percent (10%) of the total award amount may be shifted befinreen the other approved
budget categories and sub categories. For Equipment, Salaries & Benefits or amounts over ten
percent (1896), the Subgrantee must submit a written budget amendment request for approval.
Such requests will only be approved if the pcoposed change(s) is (are) consistent with and/or
achieve(s) the goals stated 1n the Scope of Work (Exhibit A) and falls within the grant
requirements.
;
11. TERMINATION
This Agreement may'be terminated by King County, in who(e or in part, for convenience without
cause prior to the end of the Period of Performance, upon thirly (30) calendar days advance
written notice. "
This Agreement may `be terminated by either party, in whole or in part, for cause, prior to the end
of the Period of Perfonnance, upon ttiirty (30) calendar days advance written notice. Reasons
for termination for. cause may include but not be limited to: material issues of nonperformance
misuse of funds, and/or failure to provide grant-reiated invoices, reports, or any requested
documentation. .
if the Agreement is terminated as provided above, King County will be liab}e only for payment in
accQrdance with the tenns of this Agreement for satisfactory work compfeted prior to the
effective date of termination. The Subgrantee shall be released from any obligation to provide
further services pursuant to this Agreement.
Nothing herein shaU I'[mit, waive, or extinguish any right or remedy provided by this Agreement
or (aw that either party may have in the evenf that the obtigations, terms and conditions set forth
in this Agreement are bresched by the other party.
Funding under this Agreement beyond the current appropriation year. is conditional upon
appropriation of suffic9ent funds to support the activities described in this Agreement. Should
such an appropriation not 6e approved, this Agreement will terminate at the close of the current
appropriativn year.
12. HOL.D HARMLES8 AND INDEMNIFICATION
The Subgrantee. stiall protect, indemnify and hold harmless King County, its officers,"'offiaals,
, agents, and employees from and against any and all claims, costs, and/or.issues whatsoever
occurring from any and alt actions by the Subgrantee and/or its subcontractors pursuant to this
Agreerrient. The Subgrantee shall defend at its own expense any and all claims, demands,
suits, penalties, losses, damages, or costs of any kind whatsoever (hereinafter "claims")
brought against King County arising out of or incident to the Subgrantee's execution of,
perFormance of or failure to perform this Agreement. Ctaims shall include but not be limited to
assertions that'the use or transfer of any software, book, document, report, film, tape, or sound
reproduction or mater[al of any kind, detivered hereunder, constitutes an infringement of any
copyright, patent, trademark, trade name, and/or otherwise results in unfair trade practice.
In the event the County incurs attomey fees and/or costs in the defense of claims within the
scope of the paragraph above, such attomey fees and costs shall be recoverable from the
Subgrantee. In addition King County shall be entitled to recover from the Subgrantee its
attomey fees, and costs incurred to enforce the provisions of#his section.
13. lNSURANCE
Subgrantee sha{l provide and maintain and shall cause its subcontractors to provide and
. mainfain Commercial General Liability in the minimum amount of $1,000,000 per occurrence
and $ 2,000,000 in the aggregate: IGng County, its officers, officials, agents and employees
shall be named as additional insureds. .
If the Agency is a Municipal Corporation oran agency of the' State of Washington and is self-.
insured for any of the above insuranee requirements, a certification of self-insurance sha(I be
submitted to King Coun#y Offics of Emergeney Management and shall constitute con)pliance
with this section.
14. SCHEDULE OF EXPENDtTURES OF FINANCIAL ASSISTANCE
Kirig County Goyemment Subgrantees should not include expenditures incurred by your
agency and reimbursed by DHS through King County OfFioe of Emergency Management on
your annual Schedule of Expenditures of Financial 'Assistance. King County Office of
Emergency Management, the lead agency for this federal award, is responsible for including these expenditures on their Schedule of Expenditures of Fnancial Assistance.
15. ENTIRE CONTRAGTMIAIVER OF DEFAULT
This Agreement is the complete expression of the agreement of King County and the
Subgrantee hereto; and any oral or written represenbtions or understandings not incorporated
herein are exciuded. Waiver of' any default shall not be deemed to be a waiver of any
: subsequent defauft. Waiver of breach of any provisian of this Agreement shall not be deemed
to be waiver of any other or subsequent 6reach and shall not be oonstrued to be an amendment
of tFie terrris of this Agreement unless stated to be such through written approval by both parties
and shatl be attached to the:or'rginaf Agreement.
16. SEVERABlLITY
In the event any term or condition of this contract, any provision of any document incorporated
by Teference, or application of'this contract to any person or circumstances is held invaiid, such
invalidiry shall not affect other terms, conditions, or applications of this -oontract which can be
given effect without the invalid term, condition or application. To this end, the terms and
conditions of this contract are declared severable.
17. APPROVAL
This Agreement shall be subject to the written approval of King County's authorized
• representative and shall not be binding until sp approved. THIS AGREEMENT, consisting of 13 pages and 4 attachments, is executed by the persons
signing. below who warranf and represent that they have the authority to execute the
AgreemenL IN WITNESS WHEREOF this Agreement has been exeaated by each party on the date set forth
below: - .
CITY OF AUBURN` KING COUNTY
. ' JBY ~
Name & Trtle Hillman Mitchell, Director
17
Date Date
Exhibit A: 'SCOPE OF WORK ' A-1 GENERAL INFORMATION:
ProjeetTrtle: Citizen Corps RefresherTraining and instructor ID CIothing
Sub Grantee's Name: City of Aubum
Contaet Person: Sarah K: Milier
Job`Tifle: Emergency Preparedness Manager
Complete Address: 25 W Main Street; Aubum, WA 98002 Phone: 253-876-1909
Fax: , 253-939-7769 E-Mail: skmiller@aubumwa.gov .
A-2 INVESTMENT JUSTIFICATION:
Chedc ONE investment Justification from the grant that will fund your project that best
describes it.
SHSP;
❑ Strengthen Plans, Training and Exerases to Enhance Preparedness Planning and
Regionai Collaboration.
~ Strengthen Citizen Preparedness and Planning Capabilities.
Interoperable Communications.
E] Law Enforcement Operations and Improvised Explosive Devioe (JED) Detection,
' Deterrence and Response. , ❑ Protect Regional Critical infrastructure, Keyr.Resouroes, and other Critical Assets.
0 Strengthen Medica! Surge and Mass Prophylaxis Capabilities.
0 Strengthen Regional CBRNE Detection, Response, and Decontamination
Capabilities. 0 intettigence Production and Analysis - WA State Fusion Center and Regional
Intelligence Groups. .
UASI Projects:
❑ Enhance CBRNE Response Operations.
❑ Community Preparedness.
E] Law Enforcement Operations.
❑ Protect Critipl Infrastrwcture; Key Resouroes, and Other Critical Assets.
❑ Urban Wide lnteroperable Communications.
❑ Enhance Medical Surge.
❑ Preparedness Planning.
❑ EOC Management.
A-3 GOAL & OBJECTNE
SHSP.8 LETPP Projects: `
ldentify ONE Goal and ONE Objective in the Washington Statewide Homeland Security
Strategic.Plan that best represents the project GOAL 5.6
" GOAL DESCRIPTION: Increase Citizen Preparedness and Participation
OBJECTIVE 5.6.2 .
OBJECTNE DESCRIPTION: -Build a strong statewide wlunteer capability to assist
emergency responders for all-hazards by June 2011.
IdentifyONE.Sfrategic Category, ONE Target Capability and ONE Element in the Region 6
. Homeland Security Strategic Plan that best represents the project:
STRATEGIC CATEGORY J
STRATEGIC CATEGORY DESCRIPT'ION: Citizen Preparedness
TARGET GAPABILITY#: 38 .
TARGET CAPABfLITY DESCRIPTION: Citizen Corps
ELEMENT M.
ELEMENT DEFlNITION: Equipment
UASI Projects: .
Identiiy ONE Goal and ONE Objective in the UASI Seattle-King County Urban Area ~
Stretegy that best represents the project: .
GOAL#:
GOAL DESCRIPTION:
OBJECTNE •
OBJECTIVE DESCRIPTION:
A-4 PROIECT DESCRIPTION:
Desaibe your project using a maximum of two pages by answering ALL of the following
questions separatefy: 1. Provide a description of your project (who / what / where / when ! why / how):
This is a twafold project. Tfie first pordon provides Citizen Corps programs in King
County with_ basic equipment needed to keep their programs running, with priority given
to progr~ams who have not previously received equipment The second ftmds county-
wide arefresher" training for thase who partiapate in Citizen Corps programs.
- 2. What is the purpose of the, project? The purpase of the projecE is to enhance existing Citizen Corps programs in order to
retain existing, members and potentially recxuit riew. ones. This provides for better
citizen preparedness and a more robust volunteerCorps. .
3. What problem does the project salve?
This projects provides equipment and training opportunibes that would nat otherwise
be available to Citrzen Corpsprogram members, leaders,,and instractor"s. 4. How does the project enhance local / regional homeland'security and preparedness for
CBRNE / Terrorist / WMD incidents?
A key component of the regional homeland security p(an is to increase Citizen
Preparedness. Citizen Preparedness is increased via the project by providing additional
fraining opportunities to citizens and by providing equipment that would not otherwise
be available.
5. What activities need to be completed to flnish the project? If the project will be
implemented in phases, identi.fy this dearly and tie them to your timeline in the following section. For the first portion, appropriate equipment needs to be identfied, offered to programs,
purchased in bulk, then distributed.
For the second portion, appropriafe training must be iclentified, along with a training
venue; the training must be scheduled, advertised, and oondueted. 6. What are the tangi6le results and / or deliverables ofithe project?
C'itizen Corps programs in King County will be provided with equipment needed to keep
their programs functioning. Citizen Corps members wifl be provided with at least one
large-sca(ed training opportunity.
7. How will the grant funds be used to support this project?
Grant funds will be used fo purchase equipment and to pay for training venues and
instructors.
A-5 PROJECT TIMELINE ,
„ .
Make a timeline that includes measurable activities for task coinpletion and critical dates.
Project must be completed and delivered prior to end date identified by KCOEM Grant
Manager. Narrative_ Progress Reports are required to be submitted on a quarterly basis (or inore frequently if required by fihe KCOEM Grants Manager). The dates for these reports
are January ' 15, Apri! 15, July 15 and October 15. If your project started 1 month prior to a
narrative progress report due date, you may wait until the following quarter or if your
. subgrant ends w(thin i month of a narrative progress report you may submit with the fnal
' invoice.. Indude in the timeline submission of invoices reimbursement requests to KGOEM
and the end of projeat report to KCOEM. If your projeet:invoives purchase ofi equipment,
atlow 3 months for equipment approval prooess to be completed which will happen before
the contract is executed. . .
. :.fw.
Activity d
Comple'Lion Date
Iden ' a ro riate iden " in dothin items 03/31/11 .
Place idenf in clothin order 04I30/11
Distribute Iden in clothin 5131/11
fden ' fraini to "ics/venues/s eakers 06101/11
Submit Quarterly Narrative P ress Re rt 06/30111
Submit Quarterly Biliin to KCOEM 06i30111
Schedufe advertise, and condud trainin 1 Q/15/11
Submit Final Billin to KCOEM 10/37/11
Submk Fnal Narrative Proress Re rt to_KCOEM 10/31/11
Exhibit B: BUDGET .
B-1 ALLOWABLE COSTS:
Using Part Vill Other Information - HSGP Allowable Costs of FFY09-HSGP Program
Guidance 8 Appiication Kit identify the aDowabte costs that best represent thfs project
Other Authorized Euuiament and Supqiies for Trainina Workshoas .
B2 BUDGETSUMMARY:
Fill out the budget table using the correct budget categary for your project expenses. For ,
ALL item descxiptions you MUST specify what the amount is for using question 7, section
A-4 of Exhibit A.
Budget Category
r
Plannmg Training `Exercise Equiprnent
Equipment $ - $ - $ - $ 16,669.50
Consultant Fees $ $ - ~ -
Safaries & Benefits $
OvertimeBackkfiU $
Travef & Per Diem $ _ $ _ $
Goods & Setvices $ $ 2,500.00 $ , -
Total Amount $ - $ 2,500.00 $ - $ 16;669.50
. o . • •
- With the exception of Equipment and Salaries & Benefits, changes to
budget of no more than 10% are allowed without prior authorization from
KCOEM. Any changes to Equipment and Salaries & Benefits must have prior
authorizafion fiom KGOEM
• Invoices submitted for reimbursement must nat exceed total amount of award
and must oomply with grant requirements. Exhlbit C: APPROVED EQUIPMENT LIST
The Approved Equipment List will be added by amendment after approval of the equipment approval request by the equipment suboommittee of the State Committee on
Homeland Security. Until this approrral is received, no eauioment mav be_aurchasOxd ` using funds from tfie subgrant agreement.
INTERLOCAL GRANT AGREEMENT...... .
Contractor Narrie antl Addtess: Agreement Arrroont Agreernerrt Number
King Counry •
Office of:Emergerrey Management
3511 NE Znd Street $30,56$ KOOS
Ranton, WA 98036 trabtoes C.ontact Faers6n; PPiorrre number: Service StaR Daie: Servfce End Dats:
Robin Fciedm4n,*206 496-3830 Date of Execufion Qcbaber 31, 2071
CCP Program ManagedPFione riumber: Cantrad Shart Date: Contrdct.6ndDate:
Denlse Mack 360 725-5290 Date ofExecution December 1 2011
Funding Author{ity. . .
. Was#rJagton Gammissfon for National and Community Servii:e (CdrrtmlSSton'),ltffashingfQn State Military Departmerrt
(Department):and the US. Departmerrt of Homeland Securtty (DHS)
Fundhig Soutw Agreement program Index#& 09JlSllB-OJ ' A#$ e
2008-GE-T8-0038 • 783CS 87.067 N36P
WomeN nority-OMmed, State Certiffed?: Servlca Ar+ea by County(49s): TfN ocSSN:
0 WA ❑ NfJ ❑ YES, OMWBE # King 91-6061327
Gontrac0or Selectlon Pmcess: _ CcntractorTYPe (che~lc an matepp►Y)
~.°To all "o apply & quaflfy" ~ Compet(tWe Biddirig ❑ Prhate O~0 oMndividual For-Profit
0 Sole Sour~ ❑ A/E RCnV ❑ WA Pubttc ~ganizatfon%Jut(sdk~ ~ Non-Profit
❑Fried WroFn~a p Aa~~? p~s ❑ nro ~j MoCIR ~ sweREciPiENr LJ orti4~
22. BRIE DESGRI . N: -
The U.S. DepartrnenE of Hometand Security (DHS), Fedecal Emergency Marragement Agerrcy (FEMA) is providtng funds bo
enhan.Ce the capabtlity of state and (ocai anits of gorernment to, preveM, dexer, rxspond to, and recoVep froro
catastropt~ia and/or te~t eve►~s through the FFYflB F~omeland Securi~t yt~rltt. CIEFren Coips Prc~gram to suppoot
Cft{aen Corps Councils with planning, outreach, an(i olaaagement of C.iNzen 1COr:As Pro
gcartis and act[vtties,
IN WfTWESS'WhiEREQF, the Commissiarn and Contrader acicn►amFedge ansi accept the tertns of thts contrad and
attachmerits hon3t6 and have executed thts cAOtrad as.of the date and yQarv.Vftn b;eloW. Ttiis Contraat Face Sheet, 3pedat
Tertns and Cortdldons, Generai Terms and Cortdifions, Sfatement of Work, end Budget govem the rights and nbligatlons of
6oth parties to this contrad. •
In ;the event of .an inoonsis~tisncy in this contract, unless otherwise provided henein, the fnCcnsistency shall be resolved by
gJving precsdence iri the follov¢ing order.
a) Applicable Federal and 8tate Sfatutes and RegulatIons
(bj Special Tertns and Condtflons
.(c) Statemmt of Wotic, ExhitrTx H
(d)' BudgBt, Exhi6it•C
(e) Genoral Terms and Condittons..Exhibit A, arui ff` gttaahed.
ffl any q6ec proYisions of the coratracE •irtsorporated by reference.
T.his contraCt. tonfains all the terms artd condtPons agreed upnn b.y, " parttes. 1Vo other understandings, oral nr othelwisB,
regarding thesubJect.matter,of this contrac.t 6111 be deemed to wfist orto bind anr of thlA parties hereto.
WHEREA.B, the parties hereto have executed this contract an the day and year last Speclfled below.
.
Ffl.R THE GOMM)SSION; F R THE CON`I'RAC_ QR:
G~X/L;,: lv 3'lf`I~ :
rc~.,, 3 ~'-na
Signature " Date S(gnature Date
WiUiam C. Basi, Executive D'vector GarDline Whal6A, County Admintstr'ative 0liicer
for For
, Washington Commission ior NaHonai and Cortimuntty Service King. Counry Department af ExerxdUvs Servhces•
d c~o .
FEMA.GCP-FFY 09 Page 1 of 2 ~
d. Contrador shail provide iight of a6csss'bb ft facillaes ancJ necotds to the Commission and any - other authorized agerlt or o#ficlai of`the stats of Washington or the federai govemmerrt, at all
reasonable tmes, in order to monitor and evaluafe perForrranoe, compllance, and/or quality
assurance under this cotttraat
4. SlNGLE AUD1T AG7' REQUIREMEWT3 (INCLUDING ALL ANIENDIVIENTS)
Nora-federai entities as .subrecipterrts that: expend, $500,ODO or more in one flscal year of federal funds
from ap souroes, dtrea and indu+eoL arae rectWred tio have a singte ar e pr±ogramspeeft aud(t conducted
,in aqcordance witti tfie Officsaf Maragornecrt ond Budget (OMB) Clrcular A-133-Audits of States, L:Lacat
Govemmenb;. and Mdri-PrxdIt 0martlzati~ons (revised June 27, 2003, effedive for fiscat years endfng
after Devember 31, 2003). falon-fedecW entttles that spend less ttan $500,000 s year fra federal awards
are exempt fitom ,federal awdit requGwmetft for that Kear, egcept as nobed in Circular Ido. A 133.
CV(rc;ular Ar133 is avaifuble on #he OM5 Horre Page at httuJ/www.omb.aov and then setec,t "Grants
MBnagemenY' followed by "Circula[s".
Contractors requimd iri h8ve ab gudit rhust ensure the audtt is perfocmed in accordance with Generaqy
Accepted Audifing Starxlards (Gi4AS) as fqund in the- Gavem, rrent Auditing StanclaNs (the Revised
Yepow Book). derre.toped by #he Commptmllsr Geraeral and the OMB Corinpiiave Supplement The
eontrador has the resp.OhsitrUly'pf notdyin9 the Washington State Auditor's Offioe and r+equesfing an
aud'. Costs of the auddmW bs.an altamble gra'nt expenditure.
The Conirectar shall matntain aadita4la Kgcbrds- and accoiints so as to tacitttate the audit requirement
. and shali ensure that arry subc.oritnactors:also maintain auditable reoords.
The Contractor is responsibte fcr arky audlt exceptions incxirnsd by its own orgarlZation or that of its
suticorttiactors. Responses ta arW utiresoived managemant find'uigs and d!Wlovved or questiioned
costs shalt De ineluded wtly the audd'report. The Gontradcr must rs&pond to Corr►mission reyuests for
infocnnmttcm or c~errective acdoCt ixsrtc~et[~ing au~ issu+as or tmdings ~nrithit~ 30 ti~rs of the date of
reqtaest. TMe; Commisslbn reserves fhe iigbt to recover from the Conhador atl disalloanred -oosts
resumng from the audiL .
Onca the sirtgle audt haS bee[~ .4Omp.le6ed. the Goritra+ctor must send a fuii capy of the audtt fio the ~
CommisslWn snd a WW stating thene wmre no findirgs, or if there were findings, the letter should
piovtde a li$t .ofi thofiindirgs. 7fie'C.oMractor musfi send the audft and the lefter no later than nine (9)
rnonths.afber the end tff'the Cohtrae:ttoYs fiscal year(s) to: .
iNas6lngbcn CommissPdn fa~Na#toral and Gammurtit,yy Servlee
Attn: Cftlwn Corps P,r.ogram Co9rcgnator PD Box 4311-3 .
Olympia, V.VA 9850"1 13 ln additieui to..sending s. copy of ttte ttuditthe Contractor must indude a carrectlve adion plan for any audit firidings and a.c.opy of the management lefter if one was received. The Corrtractor §haU. indude tha above audiE r+equuements in any subconfracts.
5. RECAPTURE. PR0111S(QNS .
in the event that #he Conh%tpr fails tq expend funds unde,r this coritract in accordanca with appGcab(e,
s-tate and federai laws andlor the prWsians aP thts conkrack the Cammission. reserves the right fio
recapture ftirnds tn m arrrount equivaterrt to the exterrt of the nonompi'mnoe in addtion to arry other
. remadies availabte at lawor in equity.
6uah riglrt of rec.apture aim11 wdst fora periai rtot ta exc:eed six (6) years followfng contrad tsrmfRaflon .
or audrt resoluOnn, whic±Qyer is 1ater. Repaymerrt by the Confiaskr of ivnds ur:uder this remFtture
proVlsion shall oociu v!uithin 30 dW of deck-irtd. lfie Commisslon IS requireEi to finstftutis {egal
praoeedings to enforcaa the recaptur.e provision. ,
, 6. COMPUAXCE rAIITH APPLIGABLE LAW
The Contractor and aA suboantractors shaU comply with ali 00pGcabie federai, state, tribal govsmmeK
-and tocal,laws, regula#onS, ww isol1cieS.
FEMA-CCRFFY09 Pa9e:9 of 18 . 1Gng Caunty
~ - ~ . . . 4k';•c . • .
EXHIBIT D
sPECiai: rERnAS aND coNOmoNs
Aartce.E i - conaPENsAnoN scHFOUC.E:
This is a reimbursemerit contr.act. WithIn the total corrtract amount, travel, subcnoniracb, salaries and wages,
beneffs, printing, equ'rpment, and ottw gvods and services or oifier budget categories will be reimbursed on
an aatual co&t basts unfess .otherwise prvvidetf in this contract Arry trvnel a substsfence relmbrrrsement
.a[lowed und~r the c~orrarrtc~ sfiaq be paid in accoraance with rat~ s~# pursuarrt to RGW 43.83,050 and RCW
-43 03.060. as now "drig er amended and in, agreemerrt wm WeraJ rates. Rec:,eipts and/or backup .
doiximerWon for any approved budget line bms indudmg fiwel netated expenses that ar+e authorized under
titis cmtract must be cnalrrtatned byr the Conb-cletor and be'made aVailable upon cequest by the Cornmission.
TMe Contractor may make r.Fiang:es tir the budget, without afomnal amendmecit to ihe Contact and wfthout
socuring tfre priar apprpvaJ csf the .Commis,sfon, under the followtng mnditions.
a. The revisfQns rriusf nnt NesUR In tMe need for.additianal funding.
b. Such dmnges. must nat alter the scope of-the c~ontrad's vvork staterrient and must not be prohibItea. by
appiic;abi~e. fOddOrei or state statutes cr, regulatlons.
c. Ghanges. fo ft budget category Managemertt arrd Administratlon (M&A) are not atiovuabte and vfiti not
be reirnburso. beyond tFje budgeted amourit
d. Lumulative dbanges to budget wteyories less than 10% af !he conbvd avuard are a![owabis. Such
ctSangos may`bebeiween budget cabegories and must not alterthe toFal amount of money awarded
underttre contract. Cumulattve, ahanges to budget categories In exoess of 10% of the oortihact award
w.iU not be reimbutsed without an wceCUfisd amendmertt ta the coMtrdck
ARTICI.E It - REPiOlIZ TS:
In additloa to ttie r+epcstts as inay be required elsewhere !n this oornract, ttie Coritracbor shail ptepam and
4ubm3tthefopovufig reports tothe Commisslon's Key Personnei: .
naricial Co ies Due Date ,
lmroicas1 Within 3Q cf'ays afte~r the end of the perloti
(Fhdutl~hg F[nal) In whidh fhe anrork~was pertoRned as
spaifled In Exhi6it B . Inrroloes m~st bs subrr~itted no more often thah monthfy, but at least qwart~tiy. Failure to sLbr~t invaioes In a
fir~ely mannelr wtII tause the Cvmmisslon -bo hold gIl requests for equipmenf appcoval urfil fnvoioes are
subm(lted. Finai Imroice shalt not exoeed overall oohbact amounti.
TedutIC81 _ _ . WCODIGS Due -Date Bi:Annua1 Sb^af,egytmpigmetrtatlon ReporE Electronic Jariuary 15 and:J.uty 15of eaeh•y.ear
, of.the c6atract.partotrnance period
BF,Annua) Peog(ress Report Electranfc Janerary 115 and Juty 15 of dach year
of the ooAtrvct Pedbrmurwe periOd
qose Out RepArt Electroaic Duo by aorrtract end date
NlMS Compliance Progress Reports Eledtrdnic September 30 df each ypat
afthe conDW pertarmam pertod
FaDur+e to rrieeE. ail of'the repor#ing and invofcinng dsadfines wiil prohibit the Contractor from betng reimbursed
arrd wi(I prevent veetting a+f equipmerrt requests.while cqntract riequirements ace outstanding.
All contr.act work must end on fhe Service End Date, Ootober 31, 2011: The Contractor mustsubmlt ali mporfs
and dellveral2le.s:.an' or befO re tfm Gontract End Date, Dec;ember 95, 2019.
FFMA-Cq'=FFY 09 Page 2 of 18 F4ng.Courrty Page 21 of 37
. .1.•., Y: ~r J`:. 9C: '
. AwncLI1(I KEY PERSONNEL: , .
The fndiV(duals lisfed betow shall be oonsidered key personnel. Any substitufion must be made by wrltten
nodfoation to the Commisslon.
CQNTRACTOR . ~ COMAAISSIOM:
Narr►e Fzob(n Friedrnan Name Denise Mack
Tide DirftWr__ Title Cit+zen_Co!Ps Pro9ram Coordinator
_
E I~Asil Rabin Friedmar►@kingcounty.gov E Mai( Denfse.Madt@aFm.waQOv
Phone (360) 725-529!0.
FEMA-COP-FFY 09 Page 3 of 18 lGng Caiety
. . .
ARTICLE N - ADMINISTRA7i1fE REQUIREMENTS:
, The Contractor shall oomply with aIt f3nanaal and pro«tremerrt guidance, inducrmg competitive processes and
other procwrBtnerrt requiBmeMs, to indude but not pmited to: Offioe of Nanagement and Budget (t3MB)
Circulars, A-87 (Cost Principles for State, tocal and Indian Tribal Govemmerrts), A-102 (Grartfs and
Co4perative Agreemenfs vuidt State and Lotal Govemmerrts); A-122 (Cost Prinaples for Non-Prof"d
Or+ganizatlons), A:133 (Audtts of States, Local Oovemmerrt.s, and Non-Profit Organtzations), The Federa(
Ecriergency hilanagemerit Agencyrs codifled regulations, 44 Code of Federai Regulations (CFR), and .th±s U.S.
Department of HorreIand Securify's Financial Manauement Guide. Local and state procurement antf
c:orrtracting r+egufations 4aice precedence over these requirenents when local and state regula$ons are mare
sbingerit:
ARTICLE V-,? ADDITIO(dAL:SPECIAL C+E'SIdDIT10NS AND MODIFICATION TO GENERAI. CON[iITIGNS:
1. Funds are provfded 6y the U.S. Depatyent af Homeland Securitq (DHS), Federal Emergency Managmer►X
ABency.{FEMW solely for the purpm of enhancing Xh8 caRability of state and Eocai unifis of govsmment fo
. prepars for, prevent, deteh, respond tci, and iecover from catw"ph[c trtciderrts resultlng from man-made
and qatural everrts. Ths Contractor s#talf use the furrds to perform 1asks as descn'bed ln tfte Statenerrt af
u4lork and Budget poit[ons of tMis contraat.
2. Grantfunds may not be useci to replace or supplarrt exfsfing fundin9-
3. The Contractor wlll pravide a match of $0 af norrfederal origEn.
4: The Contractor adcnowfedges that since thls contraot lnvolves federal funding, the period of performance
described hereln wip IBce~ b~egin Prior ta tha .availablltfy of appr.opriated federal funds. The Contractor
agre~ ttiat it v~lt tiot hoki tho Commi;s$ion, the Mflitary Departrnent tiie $tate ofi Washington, or the
lJn(ted States ufable far any damaBes, daJrr~ for reimbursemertit, or any type of payrnent whatsoever for
seiviaes perFormed under this' ooRtract prtor to distribuWn of appropriated federal funds.
Tfte Contractor agrees that Q vrdll not hG[d fhe Commission., the Military Deparxment, the Sfia'te o!F
Washingnon, or fhe Llnited;5lafes liabte far arry claanages, daimfor relmbursemerrt or arry type of payment
[f federal funds ars not appto{xiated ot are ntvt aPPbPiated in a parl3cular amourrt. w
5. The Contractor agrses that to needve arry federal preparedness - fiunding, all National Incident
Marsagement System.(NIMS) compfiance requirements out(ined in apPtEcable grarrt guldance must be met
ARTICLE Vl - PROCUREMENT lAND FINANCIAL MANACEMENT:
1.. Atl sole source contcaets over $1:00,000 must ke revtewed and appxbved by the Cqrrunission prior to.
executlon of aconbact. Thts requinement ►nust be passe,d on to all of the Corrtractor's subcontr-dcbbrs, at
. whfeh 'po1M the C6rrtracWr .wID be resp.tulsba for reviewing and aPPmvin9 their subcontracboW sale
source jtisfiwdons.
2. ,aU co~ts wlth Indlvldual cocisultants ttiat ar+e not competthrQly bid, and vwhem the comultarrt wi11 be
chargtng an amms, •af $450 per day- (.,excluding xravel* and subsistense) must be approved by the
Qo[riinis#ion before ihe cotM,act .iS qteeuted. Thls nequimment must be passed on to aU of the
ContradWs -subconbaMts, af whid't potttt the Corrtracxor wIA be responstble inr reviewing and approving
fttetr-sabcbntractors' contract.
3. IYo costs vuM be reimbursed in advancae. of theU being incurrsd b3/ the Contrador. 4. Na cosfs vAll be Eeimbursed wntii the Iferris haye been raceived by ths Contractor and invoic;ed ky the
vendor.
5. Each A:19 wn11 be acdroompanied by a spreadsheet detaiqng the expenditures. Related.flnanaal documents
and irnaoices must be kept on fite by fhe Contractor and be made avaitable upon request to the
Comrnission, tF►e Militery Depattment, and tocat, s#ft. or federal auditors.
6. ':Requests for reimbursement nf equlpmerit purchoes will iWucie a copy of the v+endw's invoice and
paccina slin or a statement sigped and dated by the CarrErador's au'thorized representative that sWtes °aN
items irnroic;ed have been recelvW fn gobd working order, a'e operatiohal. and have been imrentaied
acxordipg ta csantrgd end tocat proaffernent requtremeMs°.
7. IVo Mave) or subslstelce cost,s, includi_ng Jodgtng and meals, reimbursed wifh fedsral funds may ezaceed
fiederal maximum rate.s which can be fioiind at htdiJ/wdvuv:asa.4ov. FEMA CGP-FFjf 09 Page 4 of 18 Kin9 CountY
ARTICLE VII - EQUIPMENT MANAGEMENTc" . ~
9. The Contractor or a Subconfractor shall submit ali proposed equipment purchases to the Commit6ee on
Homeland Security, Subaommittee on Equipmerrt to ensure that the r+equested equtpmerrt is on tlhe
Authorized Equ(pment. List, Is aligned with the statewide equipment purchasing stratW, and meets ap .
statewide irmerroperatiqity -and sfiandardization requfremerrts. No reimbwmement for equipment coM yrill
oocuruntl tfie aPPr8Priate aPProva(s hav+e been obtained. ,
.2. The C:ontractor or 15ubcontractor shall ensure full compliarce w(th FEAAA's Envlrcmmental and HYstoric
Presecyatiorr (EHP) Program requtremeirts as outlned in the appitcable grerit gaidanve
3. _Atl equipmen# purchased .under this contrer#, by the Contractor or a subGOrrtractor, wffI be reoorded and
. mairrtaEned in the Cokractor's equipment irnrentory system, uniess speciflc de-obigated funds- are
ntracted d irectly 6etween a county, or other errtity, and the State, in vuhicM case the -contracted toourrty
.c o
mairttains tfie equipment records.
4. Upon successFui corrlpieOon of the berms of this contract, all equipment purcFtased through this oontrad
w►'JI be owned by the. ContractQr..or, a rettagnized subcontractior/subgraribes for vvbtch a contract, subgrant
agnroerrsEM or otiter means of legal twtsfer of ownership is in place.
5. The Corrtraaor, or a reaogriized subcot'itractorlsubgrantee, shaiF be responsible for any and ali operatfon
and maiiitenanee expenses. and for the safe operation of their aquipmerat uncl.urfing ali quPStions af i[ability.
S.. The Carnbactor sFial.l miintaln equipxnent- records that indude: a desaiption of the eqUipment; the
manufacturer's serial.num*er, mpdel numper,.or, ather [dent[fication number, the sowce.of the equipmerrt,
Induding -tthe Catalogu~ cif Eederal Domest'rc Assistanca (CFDA) number; who holds fxtle; the acquis9tton
tlafie; t1iO cost of #he ,equipmeM and the percentage of Federal participalon, in tlre iost fhs Wadm, use
and cond'~ion af the equipment at tfie date #he infamalion was repo►te~ arid disp.ositit~rl t#ata ~includfhg 3he
~ate of dispasat and sale pdc:e afIhe equiprrierrt.
1. Records for equipnzent stt8tl be retained by ft Corrtrador fbr a perlod of six jrears from thi9 date af tlie
disposi#on, replacemerrt or transfer. If any Gtigatton, daim, or audit is started before tha aspiratfon of the .
sbc year periacl, the.recrords shall tie retained by the Contractor urrtil all litigations, daims, or aUtlit findings
invohiing `the reoonds,have beeca nesolved. . `
8. .For the purpose of inu+enbory arid disposal of equipmerrt pumhased under fhis oontractthe 44 CPR Seclion
.
13.3 deflnition of equipmerrt will be used, lt dafiines equipmerrt as a tangible, nonexpandable, personat
property,having a usefu1 Itfe af mcxie than one year and an acqaEsition cwt: of $5,000 w mors per unik
Thls .definitian rNill be used ~for eqtiipmerrt purchased wifh oontract funxls, untws local or state regu(adons
ace moc+a reWsWe: .
The Con:tracGor shall take a physical Irnerrtory of the equipment and roooncHe #he resutts wM the
NuiPment mcc;ords at least once every iuw years. Any d.ffferences betvaert quantities deterinined tiy fhe .
"ical inspBCtion iand thcue shown in the rocqrds shall be irnre.atlgated by the Cprttractot'Go deWrmine
tFie oatise of the dffkrenae. T'hs Contractor shaft, in connedion wt'th the irnrerttory, vgrilY the exiisbenae,
curiaent utfluztton, and oorrtlnued n2ed fot Me equipment
90. The Conntractor sliall dsvelop a contral system to ensuna adequate safeguards to pxevent la!ss, damage,
unsuEhorizad use and theft of equipmerrt, tu 9ndude smal! and attractive itiems. Arry Ioss, -damage or #*.ft
shalt tzs investigated and a report generated: .
11. The Contractoc w(ll develop adequata maintsnacics pr!acedures ta keep the equlpmemt in good. condition.
1.2.. lf tMe Confracbor is autfiorimd or required to se(I the equiPmetrt, ProPer sales prvicedures must be
estabUshed to errsuce, the highest possible retum:
13. 1Men originat or replacement equipmertE is no bnger needed for the original project »tirr pnogram or for
other activities curnently or .prevlously supported by a Federal agency, dlsposMon of the equtpment will be
A'rade as fo9fows:
a ttems of eqWpment with a-eurrent per-unit fair market value of lea than$5,000 may be'reZained, soId .
or otherwise disposed of by the Ccintractor wtth no fiucther obligatiori to tttis',awrar!dtng _agency.
- b. ltems of equlpmerit vft a Current {ier-unit falr market value af more fhan $5,000 riay be retalhe.d or
sold and the Contactor sfiall compensate 1fie Federal-sponsqriirtg agency for b share.
FEn,+A-ccP-FFY 09 ; page 5 of 18 arre comtv
14. Equlpment purchased with funds from DHS granf progra'fis shauld be marked with "Purchased wfth funds
provcled by the U.S. Departmerrt of Homeland Security° whenever possible.
95. As subgrsntees of federai funds, the Contactor must pass on equtpmerrt managemerrt requirements that
meet'nr eo:aed the Fequtremerrts outlined auoue for a11 subcrntraotrs, consui~, and subgrantees who
receive pass-#~raugh futtding *orn this corytracL
ARTtCLE w111- SUBREGIPIENT dAONITORtN6
The Commtssfon wi'!1 mon~r the sd3v~ies and equipmerat acquisition of the Gontractor from award to closeoeit
.
antl for the tife of eyuipment purrhosed ut1dOr this oontwt. The goal of the Commission's moniboring activities _
v►tIl be to ensuEe.that agencies reoeivPng fetleral pa.ss-througflfunds are in cornpl'once with federal and state
auclit reyutreCttetrts, federal gr.an# guklartba, and applicglild feieral and state finenciai regulations.
Monftoring aettvifles rray indade:
• neview of perfonuinw roports anti documerrtadon of oontract deliverables oompletion;
• • doomentation of;phone ca(ts, rmeefirtgs, e-maDs and carr.espondence;
• review of reirribursement requests to ersure allawabilftjr and oonststency with contract budget and
sontraot dernrerables;
e otisenraiion and documentago.n of conlracf related acttv(tles, scach as plannIng, exercises, training,
• funded everrts and equipment. demcutstrations;
` . on-afta visits to re.rztew equlptnent reoords and tnventorl$s, to verify soum documentation #or
ns.Unbursemert requeft anti perfomiarrca reports, and to verify armpiefion of deliveralatss.
As a subgrantee of fe.defal funds,. -tlte CnntrBCGot ls required -to meet or exceed the monitoring acctivities, as
outiined abo`ie, for .alt subaontractors, consu(tahts, and subgranbees who reaefve pass thtough funding from
this cor►tract. .
FEnAA-COP FFY•09 Pege $ of 18 lGng County".
Exhbit A
- Subrecipient
Gk'NERAL TERMS AND COND1710N3
1. DEFINITIONS
is used thmugt►out this -oontract, the foitawing terms shal! have the meaning set forth below:
e._ "Oepartment" shafl mean the Washington NGlitary Department, as a state agency, ar,y division,
seciion. offiaa, unit o,r ather entity of the Department, or any of`the officers or other afficials
IavVfulty repr+esenting that Depar6nerrf.
.b. °CorrimissEon" shall meart the Washington Comrnission for National and Community. Senrice.
b. °CotttractorO ftll mean tliat fimi,: or+garrWation, -group, 'inri'nndual, or othec ertit+y perPorrning
senricft under this c:orttract, arid shali (nciude all `emp(oyees of the Cori#rador. ft shaU include
' any subooritractor retained by tfia pr ime Corrtrador as perrnitted under the temis of thts contract. °Contradae sMi be further defiined as one or the other of ths fo[lowin9 and so
lndiqW on face sheet of the caritrack
1.) "Sarbredptenr shali mean a contractor that operates a federal or state asslstance
program for whic~ (t reoeiares federal funds and which has the authority to determim
' bot the servicas rerrdered and disposidon of program funds.
2) "Vendoe shall mean a cpntractor that agrees to proylde the amount and klnd of service
or aexivHy reques.ted by the Comrnission and that agrees to provide goods or serAces to
bs utiked by tfie•Cbrnmtssion:
cl, °Subcontrra.tof" stall mean- one. not in the emplQymert of the Cintractor; whn is perfbrming all
or part aF 4hase servloes uncier thts contrad under a separate c:ontract with 5e -Contracbar. The
-terms "subr.cntracte°1 and °suhoontfadars" meaa subcorrtractor(s) in a►iy lUer.
. d, °Reapiedt"- a nor.ifedera[ entltty fhai expends federat awards neceiyed dirrocdy from a fedeai
awartiing agerrcy td cw y Aut a federai program. ' e, 'PaW7'hrowgh CraW mearis 1fi* tAlashir[gton State •IIIilitarY Depaftent as ft .ls applfed }o this
oonh2ct. As found In SAAM 50.30:30.-'A nont+ederal entlCy fhat prouides a fedscal awgud to a
su6recVmnt to carry out a federat program° fi. "Nonfederal Errtlty" is defined as a state tocal govemmer►t or nonprofit organizatlon (as
dofir:ted in'federal Cfcaiiar A 133).
g. "Cootizailt .State qgency" sh811 mean a state ag+ency that ha.s a$sumed the responsibility of
lrqplpmwUng singie. audit reqUiretnents and coo.rdiriating audit follow-up for a paftUlar.grartee .
by virtue of prcrovidang t4m rnajority of fBderat assts:tanve. If funsis are rocoived from rrrQre than
one .sxate agency, the oogntzsrtit state agency shail bs the :ageht,y whb oonfributes the IargesE
Poftn of federal finanaal assistance to the, submapient unless the desfgnation has baen
. reassigned bo a diPferent state agenc.y by mutual agreement.
hs `F@dl6CdI PI[IAItCIR) .ASSIStanCe - Assistanca ttiat nanfederal erttities reeive or adrrifnister in
the form of gratrts, loans, ban gtarantees, PmPeV Cinduding donated surplus P!n.PertY3,
mpPerativ!e a9rsemecrts, interesE su.tistdle,s, insurance, food commaditi~es, rUcfict aPPmRrtations
or vther assistanoe: It does not indude amounts reoeived for provisfon -af vensior se.rvTces to
fececal agendes or nelmbuisemerit for services render±ed.-diredly to ind'nnduals.
1. "Grant° - For the purp:oses heroaln, the term °grant' may be used to msan °corrimcs° oc °grarrts°
or `agtsements°.
J. °CFDA Numbee - Ttae fiVe-digit number asslgned to a federal assistwm pragram in the
WQral CataIQg of Federal Domesfic Assistance (CFDA) or. TR the abseribe aF a satailog defined
rtumber.,. fhe nurnt3endefined *irstructians from the'federai aucrit dearinghouse.
k °CFIT - Code of FeOral Regulslions .
i. "OMB" - Office of Managemerit and Bucget
. M. "RCW" - Revfssd Eode of Washirigton
n. '9NAV -W-ashington AdCnlnisGrative Gbde.
FEMA-CCP-FFY 09 Page 7 of 1 S iGng County
2. SUBRECiPIENT MONRORING .
a. The Commission, as aRecipierrt and/or Pass-Thivugh Entity, reoeives federal financial .
assistance under federal programs and is charged with mafrrtaining compltance with federal
and stete laws and regulations re9a(din9 the monitoring, dooumentation, and monitoring of
subrecip[er►t grant activities using federai hnancial assistance. Managemenrt and
fmplemerrtatlori guidefines for the federel programs ensure complianae with statutes, grant .
~u(deqnes; the subar~rard -agreement, C~ffi~ce of Management and Budget (OMB) drcuiars
(inc~uding OMB Circular X133), subredpieirt audrts, and ofher guidaru+e found in the Federat
Regfster.
b. The CoMrador sFraU perfqrm under thte temns of the oorrtract and the Commissian has
r$sponstbird;y for reasorabie and necessary monftoring of the . Contraetaes performance. The
CominisSton shaii conduct eontract monitoring acdvfflw on a negular basis. Monitoring Is
defined as any plsnned, ongoing, or periodic ac~iVityr that measures and reasonabfe assurance
of oontractor oompliance with the termss, oondidons, and requirements of a contract.
. iUlonitorinp hmohres prude,nt ColieWon of inForrnativrt about Cor~tractor operatons and is not
limifed to sife visits ar the .comple~on qf formal 'reviews.. Monitartng r.riay (ndude periodc
. 4;onfracW reporting to the 'Commission, Cc~rnmFssiDn ceview of audit r~, inv~oice reviews, . onsfte r+evieV~rs and obserr~aUons, and survoys. Adequate documentation is essentiai for
• eFfecWe carrtract monitoring .and wi(1 include coptes °of {etters, meeting notes, and records of
phone conversations as evideiice that consckwftus moniinring has oocurred during the period
of the contr.act Subredpient mon" wfit oocurthroughout #he year rather than retying solely
on. a once,a-year.audirt. The Coobactor agmes iD cooperate wft a0 mvnibudng aufivities and to
oornpfy with.nepotfing requtrwments.
- The Coraimission,as the Recipient andtor Pass-Throug.h Entlty will oonduct on-site visits as
approptiate and required tiy, contrad for "foF-pno f1t" subredpierrts, since the A-133 Single
Aa,dit does rrot appty to °trn-pcofir organtzattons.
.3. R=RGg, MOIVITQR~d'C~ AND Ai)D1T i~GCESS
a. The Cordeactar shali .cooperate vVfth and fuDy partidpate- in ail monitating or evaluation actlvffles
'#hat are peltirtenf ta this oontrack
b. Accam to publfc rec]onds=The Confractor adcrtotiuletlges that the Camrnission Is subject to,the
Rubiia RecoFris Act, Chap#er 42.56 RGW, and that records preparsd, oamed, used or retained
bjr #he Commisston. rsilatlng to -the; caonduct of gjaveimrnoryt or fhe perfbmanoe of any
• goaremmerta( or proprief~ary,functfon .are avallabls for pubi'cc inspec.tion aFrd Cicipying, except as
exempt under RC1N 42.56 or otfier statufe whictr $~erhpts -or ptcihibits zdisclosure of speaiFc
information or ibords. .
t. The Coniracbor.sttall matrrtafi aIi bgoks, rpconds, documerris, data, and orther evidence relating
to this' .c..ohtrd and ft proviston of arry rnabeiiab, suppties, serviae,s anifor equlpm+ent under
this .oonf;ract kaereira, indvding, but nat limited to, rewGds pF aGcounting procedures and pracnCes
. that sufflcieritly and ProperlY r+etiact ait direct and indUv.ct Wft aF any nature expended ln the
perFormance of #Ftts corrtiacL Afi no addfflonat cost, thefie reoords, indudlng rrmaterials generated
under tire c:Ontract, sha-D be su4ject at aii r+easonabte ttmes to tnspecdon, review and audiE by
peiwnnei duly ~authorbmd by the Commisston, the Deparpnerlt, the Washtcagton State Audtta's
Offica, and fedeFai off'icials so auqhormed by law, itilo, mulatiQn, or caotnraeL The Contrador
wiJl re#ain al[ booKs. r+eoocds, doc;umanb, and. oti~er mafie~rfais t~i~vant to fhis corrtrdct and make
them ava~lsble'For inspe~ation, review or audtt for slx. (8) Ymrs finc3m the end tlaate Afi thi's .contract,
siate af final payment or conclu.siOn of servfces performed urider this oontraciiar, whidhever is .
iOer. If arry 011gation.. q.sim or audi# is stsr'ted Wore the expication af the stx (6)year period, the
'necords shaN be retalned wdfl fimf resotudon af aU Wgation, daims, or audit findings imalving
the reoords. .
FEWlA-CCP-FFY09 fte 8 of 10 - ft COUtY
d. Contractor shall provide right of sox;ess to its farAftle.s and riecords to the Commiss(on and any
other author¢ed agerrt or d~t'icial of the state aF 1Nashington or fhe federat governmerrt, at aU
reasonat~le ~mes, in order to mon'itar and evatuate performance, compliance, and/or quality
assurartoe under this corttracL
4. $INGLE.AyDIT ACT REQUIREMENTS {INCLUDING ALL AMENDMENTS}
. Norr-federal entities as subredptenfs that expend $500,000 or mwre fn one fiscat year af federal furtds
from all souroes; ¢ir'ect arrd indirect, are fequW bo fiave a sfngle or a program-specif'ic audit oonduded
in aocordanoe wifh ttie Office af Managemeht:and Budoe# (OMB) Circutar Ar133=Audfts af -S'tates, Loca! Goverrtments, and N.on-Profit Orgartizattons (nevised June 27, 2003; effective for fiscat years ending
, afEer December 31, 2003). Nan-federal entifies that spend less tharr $500,000 a year tn federat awaNs
ar+s exempt #rom fsderal aWdit requir~met~ts for that year, except as noted in Circular ldo. A 133.
Ctrcular A 133 (s availatile on the OMB Home Page at httn:Nwww.omb:adv and then select `Grants
Management° foUovued by "C(rculars".
Contractor5 required to liave an audit mu§t ensiu+e fhe audit is pertormed in aooondance with GeneraUy
Acxepbed Aud(ting StandaNs (GAAS) as fciunsi in the Govemment Audiffig Startdards (the Revised
Yellow Bonk) deiielopod by the Comptrolter General a.ni fhe OMB CampGance Supplement. Ths
Gontractor has the respohsib~Crty t~f natifjring the Washfngtcxi State Audtto~s Office and requesting an
audit Costs of tFfe suditrnay be.an aUowable grgnf evetd'dure.
The Cnntrac6or shall mairttain audftabTe nmords and goasurrts so 8s to facWftte the aud'it requirement
and shall. ens-urb thaf any" subconftactors also rnatnrain audttabie records.
'The Confna,cor fs responsible far any audit exceptioas incumed by its awn organizaUon or that of its
suboontr.adas. Res.ponse.s to an.y unresolved marragemerrt fmdt,ngs and disaiiowed or questioned
casts shatl tie indtfdedwitti, the audit repor't. Y`i~e Goritractor must respond to Commission requests for
ihformttfion_ or cpmacdve ad[or1. ;concerrittV .autfd issues or flnding4 wlthin 30 days of the date af
request. The Cori~mission ~ssrv~ the figlit to recover frorr~ tl~e Contractor aIl disallowed oc~ts.
, r.~es~itttlnng from the audit
, lOnce the sirrgle audit has been :corTipteted, the C.'ontador must send a full copy of the audit to the
10001rnfssiran and a letbar staiing dtece wore no ftndings, or if there were fandfngs, the letter slwuld
provide a_ li.gt af the findings. The C-onthacfor rnust send the audit and the lefter no (ater`than Nrte (9)
i-nonths adterths eMd of the Gontraefior's fiscgt ysar(s) to:
•Washington,Commission fiar•Nattonal and Conmunity Service
iAitn: Cittzen Corps Program CodF+dinator ,
PO-BOc i139113 .
C1ympl8,WA 88604-3113 In additic;n: to .sending a oopy of #he audit, ths Contracfinr rnust indude a comscM action ptart for arry audit fltrtfings mid, a aopy of the managemenf letber If one was recehred.
The Con4actor sriaA Irtclude the above audit requfrsments in any subcontract,s.
51 RECt1PTURE PROYIStQN3 .
In the avent that the CdnSMctpr fatis to expend funds under this cantract in acaordanos with applkabte
state and federat taws and/.ur the piroviskns of this cortitract, the Cvmmission reserves the right to
reeaptuFe funds In an amourit. equiVatent to -the extent of tfie noncompfiance 1n additlon to arry other
romedies availal3le st law or in equiiy.
SucN rfght of recapture shall exfsE-for a period rwt to exceed six (6) years foliowing corrtract tertitinatian ~
or aud.it resoIutibn, vuhichever is lafer~ FZepayment by the COntractor .pf funds wnder this nacapture pravisibn ahail' ovau withtn 30 -days of defiarid. The Commission is required to tnstituCe legai
. proce~tngs to errforc:e the recaptur+e pnovrtsiorf.
5. CAINPLIKNCE WITH APPUCABLE LAW '
The Confrador and aU suboontracbcxs "C oomply wkh all appGoabte federat, state, triba[ gownment
and lopt Iaws, rgulafiotts, and PoGcies.
FEMA-.CCP-FFY 09 page 9 of 18 . png County
_ This oblIgation indudes, but is not limited to, compl'ranae wft Ethics in Pubiic Servioe (RCW 4252);
Covenarrt Agalnst Coritingent Fees (48 C:F.R. § 52203-5); Public Recottis Act (RCW 4256); Drug-
Free Workpiace Acf of 1988 (41 U.S.C. § 701 et seq. and 15 C.F.R. Part 29r Lobb,ying. Resb'ictiorts (31
U.S.C. § 1352 and 15 C.F.R. Part 28); and safety and health regutagons. The Commission is not
responsibie #br .advisiag. the Confactor about, or deterrnWng the Contrador's complianoe vvftM,
, applicabte laws, regutoors and poliaes.
-In tlie event of the Corttracbor's or a subcorrtractor's noncorrtp(iance or refusal to comply wdh any
appilcable law, re,gulation or poliey; the Commission may .rescirtd, cancel, or termirrabe the oontract in
` whole or In part. The Contractor is responsible for any and all oosts or flabtiity arising from the
. Contractor's failure to ca»iply with appticable law, regulation or palicy.
7. NONDI$CPJiWNA31QN
Ducing the pertomianoo of this oontract. the Contractor shafl c:ornply witlh ali fede,rad and state
nondtscrtmirration staWtes and regulations. These requiremerrts incitade, but are not 11mlted to:
a. Nondtscrimi►iaon ih Employment The Gontractor shall nrnaf disadminate agains't-arry employee
or appTieant far employmerit- because of race, color, sex, sexinl odentatiort. Wigiqn, natiorial
orig~n, oreed, marital statt,rs, age; Vietiam era or disabled vetgrans shaius; or fhe prese.rtve pf
any sensvry,, .menta1, ot RPiysk;al harid[cap. Such atdon shall iqdude, but rtat be (itnftd to, ft
fnqoHrihg: Emplaymnt upgrtading, demotion, or transfer, recruitmertt or recxwitmerit selection
for training, bvJuding :apprentlceships and volunfieers. Thls reguiremerrt does not appiy,
howosvsr; ta a religious cor,ppraaon, assc~ciation, educa6orial institu4on or sodety wifi) r~pect to
the empiosrmerit of titdNlduals af a pa►ticular reGgiQn to perform work:conneoftd with the
. Carrft oh by such corporation., assot3ation, educational insti6ution ar wdety of its acQviaes
. b.
ldondiiscainttrtation Nam and poliaes (sudi as RCtIV 49.60, Washingtotes Law Agaiftt
DiscrimtnatiQa; and Titte vn bF the CviI EZtgnts Acc).
.8. AMERICAlrt311VITH DiSABIL171ES ACT (ADA) OP 1990, PUBLIC LAi.N 1.01-336, 42 U.£~~.C. § 12401
et seq. and 28 G.!F.R Part 35 and other implemerrting regulatians. The ContiraCtor must amly vyth #he
ADA, ~d`!1ch P►wides compretrenwtvo svi! rfghts protxdm to individuals uft disab=es IR ft anaas of • A
emplayme.nt, public a.coomfrm.ccfations, sb-m and local gov.emment sertifices, and feleoommwnicatfon.
9. UTlLM4TI_QN C3F MINORITY AND WOMEN BUSINE3S ENTERPRI$ES (MWBE)
The CoMractor fs -ancxxn,raged to utlize firms that are oertfied by the Washington Statie O'ffioe aF
6Vl6iority and VSLomen's Buslness Ent,erprises as m'uwrity-owned and/or women-owned io carrying vut
the RurPoses cyf this contr.act
10, PUBLIC1'fY
The CQWadbr agrees to submit to ttie .Commission aq advertts'tng and publicity relafing #a this corftct
wherefin tMe Corfimtssibrr's rtanre. 19- mentioned or language used from ~dh~ the Oonn~n of the
~Corrmmisslon's name may, ln the £omm~ssion's Judgment, be inferned or Implied. The ConttaCtar
agrees not to publish or use such advertistrrg and publidty without the prior wrftten consetrt af the
~Commfi~on.
11. .DCSCL~J,SURE
The use or- dWasure by, arry party of arry information c:onceming the Commission for arry purpose not
dtrectly conneded wIth the, administiaHon of the Commtsstcm's or the Contractvr's responsMes wRh .
respect '6D -servipes provided under this cantract is prohlblted' excW by pdor wrjtten oomsectt d-the
r.ammissron.
92. 40RT.IF1CIxTION REGARq114irr DEBARMENT SU3PENS10N OR WEI.iGB1Lf'TY If federAi funds are the tasis for tMs coiVad, the Corrtradot cadffes that:nel8ier the Contrvdoc nor ibs
prindpals are preserrdy ctebamad, sc9spended, proposed fpr debarmecrt; declaced. triel'igW or
vcaluntarily exduded #rom partidpating in this caritraat by ariy fedeJal department: -or ageRCy. ifi
' req.uested 6y the Commission, the Cwftctor shal( vomple~ ar~d slgn aCerbfiCafic~n Regarding
Debarrnerrt, Suspenslon, lnefVMlty, and Voluntary E.,dusion form. Arry such form compMed by the
CoMrador for thls Contract shatl be irYOQrporated lrrto tMis ConfraCf by refet+enoe. Feuuc,ccP FFYas . Page to of 18 .
14fng :
~ouiity
Further, the Contractor agrees nbt to' enter into arry arrangemerrts or contracts ralated to this grant with
arry party that (s on tiie °Generat Serrrtce Administration List of Parties Exduded from Federal
Procuromertt or Nan-procurement.Programs' whioh can be faund at www.ents.aov:
13. LIMITATION OF AUTMORITY -°Authqrized Signature
The signatories to this tontraact represerrt that they have the authortty #o bind their respective
orqanizatlons to this coMraat Only the as.sfgned kuthorized Slgnatuc+e for each parbj; or the assigned
delegate by writing priar to action, shall have the express, Unpqed, or appamnt etrthcwity to alter,
.arxtend, modifji, or vvaNe any dause or condititm of -this corftract. furtherrnare, any aiteratYora,
amendmerrt, modiftcation, or walver of any dause or oonditi on af tEiis cxtintract ts not effective or binding
urtiess made in wifing and signed by the Authwrized Signatwre(s).
14. CON7RACTOR NOT EMPLOYEE -1NDEPENDENT STATUS .OF CdNTRpCTOR
The :parNes irtend that an independe►rt oorttrac;toc r+etatlorshlp wt!( be -cneated by'this contract. The
Confrador andior employees or agerrts perforrNng untler thls co►ltract ane not empltryees or agerrts of
the Cort~rr~Pssioh in any~ rnaraner whatsoevar, and w311 not be p~ted .as nor o6aim ba be officers or
employees'of the Commission, the Deparhnerrt or ofithe State of Washingtwn by reason hereof, noc vAl
the Crontracbjr and/or emptoyees nr ageMs perfbnntng under this contract malae any qaim, dernand, or '
:aPpgwtlon to or for ,any ►igtrt, privilege or benefit appl'icable to an of.fiop - r or empioyee of ifie
Cornrnisston, the Departmerrt or of the State -of iMashington, indudtng, but not Ornitod #o, Wvrkees .
~Compensation coverage, unemptvymerrt . lnsurgnee ben?etits, snit3ai security bsnefits, retmmerrt
membemhiP or ccefd, or privitege w benefit which wouid avave to acivil senrice empioyee under
CMapfer 49.08 RG'1N.
it Is w'deistnod that if the Contmcbor is another state department, stata agen¢y, stWo univeps.ity, state
:oollege.; sfiate communiq+ uolleg,e, state board, or stata commission, that fhe offiveis and employees are
smployed by the state of Washftton in thsir awn.rlght
if the Cordrador is an lndividuai cumenfqi employed by a-1Nashirrgton State agency, the Commission,
ttie Dspartmsjtf shall obtain proper approval from the empf%'+ng agency or instltuHqn. A statemerrt of ,
°ro ooulitt aUnterest° shail be s.ubrFllited to'the Commisslon.
15. DIOhIAo3SI49NA011,1TY . '
This vor»firacC; the ywark to be provid+ed under thts contract, .and any d2lm arisiiig thereunder, ane not
assignab(e or delegabie by efther party In wfiole or In part, wlthout the .exptes.s prior written .oonsent of
#he o-her party, whicit c7onserrt shaa not be unreasortably wltttheld.
16: SUBCONTRkCT1fIG
Meith.er the c~vrtractar nor any subvoribactor shail en.ter irrto subcontract,s for arry of the work
contemplated under tfitlscontract wftout ctbminfng prfor wnttben appravai of the Commtssion.
CorbttWr shall use a comp.efiit Ire p~ess. In awar+d af any, corrtracts w.~h -sutiaoratrac~ors that are
sntered: i~to after ori.gtnal cantract award: Ail subcorrtracts eritered intn pursuart~ ta this cortract .shall
inoorpOrate th4s cor►trad iq full by referenoe. In no svenrt shall the eacistenpe of the subcontad o.perate
fo relme or rasluoe `fhe JiahUity of the Gontractor to the Commission for a►ty tireach'In the pefbrtnancs
of the Corrtractor's du4es. The.Cammission may request a oopy of any arid/.or a0 subca~r'ads forwork
b:eingtbmpleted undEirYhis coriftck 17. GONTRACT MODIFICA7TONg
The Commisston and the Gvntractor may, from tlme to time, request changes bo the contrad: or grarrt.
Arr
y suoh ettanges tW are mufually agreed upon by the Comptiission ,and the Corifiac;6or shaU be
#ncor.porated herein by wr3tten amendment to thts corrtract it is mutiiaily agrged and undeatood that
no albraflon mrvariation af the terms :di thts aotitract shalF be vai'rd uNess made In wrt'ting and sgned by
tFie pardes hereta, and that any oral understanding or aureemerits nat lnoorparated herein, untess
rrrade in wrning a,nd signed by the parties her+eto, shall not be btnding.
18. SEVERARILIIY In the event any term or conditfon of tfiIs contract, arry provision of arry -document Incorporated by
YvFerer~oe; or ~a[~plic~on af this ~r~tracf to .ariy petson or dreum~ances: is held "in~ralid, sudi invalidiqr
shall not affed other terins, condi'ors, or appllcafions of thts vorrtract which can be given effect vvithout FEMA-CGP-FFY09 Page 11 vf 18 Kbv CourdX
the lnvalid term, oondition;°or appfication. To thls end, the terms and oondftions of this corrtract•are-
dedared severabie.
19. ADVANCE PAYMENTS PROHBIIED
The Commtssfon shall make no payments in adrance or in anficipation .of goods or sennces to be
proVIded under-this contract. Contrector shatl nat inwice the -Commisston !n advance of dei'ivery of such
goods or senrtces.
20. TAXES% FEES AAID LICENSES '
Unless otherwiso prorrided in tMis contrac~, the Conttactor shall pay for and maintain in cumsrrt status all
t~es, unemp(qymsnt wntnbuttdns, fees, ticense.s, iass.essmeft, permif charges and expenses of ahy
other kind far tfte Co(rtiactor oc its igt,W rsqulred by statute or reguiation tMat are necassary for crontract performarnoe:
21. TRAVEL AND SlIBS13TENCE REIMBURSEMENT
. Uniess the c:Qntrad specificratlY provides for dffeaerrt rates, anY #i'avel oc subs0enoe reimlxtrsernent
allowed under the oon6acf shall bs patd in acoqrd,atee vftM ratesset pursuant tQ RCW 43.03.660 and.
RCW 43.03.060 as rtow exis8ng cW arnended. The Cortractor 'may be requinsd to provtde to the
Commisston dopies of reoeipts fcsr any travei `related expenses ottier ftian meals and mifegge (exampie:
parking lots that do not provtde receipts) that are authorized under this cDntrect.
22. GOVERNING LAW kMD YENUE
This Eontract shall be. construed and 8nfo.r.cetl in aceor4ancs wtth, arrd the aralicJily and perfommnce
ielW sfiaN be govemed by, the lauvs ot the state ofi Washing#Qn. Vanue of any suit beiwesh the
parties arising out of this coniract shall tse the Superior Coutt of'T'Mrurator► Cownty,, Washing6on.
23. HOLfl HARMLESS AND lND.EMNIFICATIQN
Each party to thls crontracf shall be rosponsible for ir#ury to persons or darrage to property resufft
from negligence on the part of itseif. ks orriplpyees, ageris, Ooam, or subcontractors. Neithsr pe.rty
assumes any re.sponsbility to the other pwty for the ccinsequencas. s?f any act 'oR-omissionof -any third
RgrtY• •
24. i111AtVER OF DEFAULT
1A/ahrer of arty defaulf or breach shail not be deemed te be a waivw of arry ndier ar subseguent default
. or`bieacfi: Arry waiver shall nbt be arnetrued pDbe a modiflcation of the fiecros of #his cvrttrsd unless
.statetl to be such in wriiirag signed by the Commismim and aftehed tothe original conhact
25. D13FUTES
"T'he aarties shall make every effort Uo resolve,disputes arWng out of or relating to this contract tfirough
discwssion and negotiation. Shouid d"Lscussion ancl negotiation fail to resoive a dispute arising undec
this contract, the parties shall sef„act a dispu;e r.osvlu#ion team to resotve the •d'opute, The team shall
-c:ansist of a repraserrtative appolnted by each p,arty anrf a fhird r+epneseMative mutually agreed upon by
bvth Parfies. The team shall attemPt. bY m4oriiy°vote, to ►e.solve #he dispute.
Both partles agre.e that this disputes. prooess shaU pmoede arry .aation Jn a JudiCial or quasHudiciat
tn'bunal. Nothing in this secflon shaq predude the parties from muhially agreeing. to a different dispute
. resolution methnd in Ueu of the prncedure oudined.above.
26, ATTORNEY'S FEE3
In ft event of litiyyation vr other adion brought to enfor±ce aonbW twms, or attemative dispute
resotuHon prnces.~s, each PattY atJrses fo bear ks ainrn aifomeys fe~s and oosts:
27. LQ33 DR REDUCT1CEN OF FUNDIIVG
in the event fundfig ftm state, federal, or .ather souroes is witlhdrawn, reduoed, or limrted in acry way
after the offedhre date of this contraat erlid pl#or to.normal comptstion, the Commisston may mduoe fts .
seope aF wark and budget or unilatemlly torminata gU or pat of the cnntract as a'Tafiiinoon for
Cause", witMout provldfng the Contactor an opparttmity to aare. ATtematlvely, the parties may
renegbtlate the terms aF this c.orrtract under °Coiitrad Modfications° to cotnpiy with new funrlirg
limitatlons and condifions, although the QOrnmission has na obligattqn to do so.
FEIIIA-CCP-FFYD9 Page 12 of 18 Kkg Cowty
28. 7ERMflVATiON OR SUSPENSION'FOR CAUSE
'!n the etreM the Commission, 1n its sole disaetion, determines the Contractor has failed to futfi[I in a
timely and proper manner its obligations under this contrad, is In an unsound finanpal condrtfon so as , to erzdanger parfortnanco hersu.nder, is in violation of arry laws or regulations that render the Contrac:tor
unable to perto`m any as,peCt af the cvnUact, or has violated arry of the covenants, agreemerrts or
stipulafions of this aoFrtract, fhe Comrriiission has the rigfrt to immediafety suspend or terminate this
Gontract in whole or -in part.
The Commissian may noft the Contrador in writing of the need #o take corrective adion and provide a
period of fts (n which fio cur.e. Tho Commissfon is not required to a.llaw the Gorrtraetor an opportnniiy
to cLue if it is rtot feaSible as determined's0181y Wtfhin ttre Ciimmission's cgscxetion. Any time ailawed
for cure shall not dim(nish or ettminaDe the C. oWtra"s Gablllty for damages or othetwise affed any
other rernediqs an+ailable to the Corrtmisston. If the .Commissivn allaws the Contractor an oppartunitji to
cure, the CommisstaCn shaA nofiify the Corrtractor'in viaiting of ffue need to talce coffective adion. If the
correcds actton is not taken within ten (10) cWender clays or as othervvise specified by the
Comrrdssion, oc If -such cocrective adion is dgemed b3r the Commission to be insuffiOerrt, the vorrtract
rra.y be termfnatecf In whole or [n part.
The Gommission reserves xhe right to suspend ail! or part of the oontrad, withhold further payments, or
prohibit the CorttraCtoc from tncuRing additional obligatlons ofi funds duiring irnmtigation of the alieged
:compliance breach, pending corredive adtdn by the Contractor, if allowed, or pending a decision by the :Commission to termtnate Ure contiact in whote or` In part. °
In the everrt of tertnination, the Ccatrtr'aGOo''Sholl be i'ra.bte for all damages as authorized by law, induding
but. not limibeif bo,. any wst differeneq Wbnreen ft otinai -oontract and the replaoement or cover
.cor►hact and .afl -aditminttra'6vb costs &ectly relaW to the replacerrtent coNract, e,g., cost :.af . .
administering the competifive so[idtaGon procsss, maittng, advertising and other associated staff time.
The rfghTs and remedies af ft C.ommisslon ptavided for In this sectfon shaA not be sxdusive and gre in
addiGon to aFty other r3ghts and Femediee prqvided by laur.
[f if is detemiineid that the Cuntracbr. (1) was ilot.in defaul.t or matodal breach, or (2) Wlure to perform
waB outside of the Corrtractvrs control, 'Fdutt or negGgence, the temilnation shail be deemed to be a
'Termination for Convenien.ce°.
29. TERMIIaIA'CiQN FOR CDNVENIENCE
Noiwithstanding anyF Ptovistoris cff=ttiis Wntrad, the Contra+ctor may #erminate ihts cantrect by prov(dirtg
written nodm of suCh termiination to the Commission's Key Pers+onnel IderttfifftW in fhe corrtract;
speOytrag the effecWe date twrqof, at IQast thitty (30) days Prior to such date.
Fxcept as dtherwisa provPdsd in- this coritract, the Commisston, In iqs soie dmqetion and In the best
fnterests ef the State of Wiashington,:~maytemrurrate this contrad In whole or in paR by providing ten .
(1°0) ealentlar da~rs wn'tten notUce, beginn[ng on the second day after ma7ir~g to the Cor~trador. Upon
no~e ~f `be .m.~ir~n for cxlttvenience, the Commission reserves the right to suspend aA or part of the
oontract, wtfMhofd further paMeiits, or pr+ahlbit the Contractor from fncurring additional obliigati~ons of
funds. In the everit of termihation, fh-o Coritractor shall be Iabie for aIi darrragos as authorized by law.
The rights and remedfes pf the Commissian provtded for In this sectlon shall nat be exsJusive and are !n add'rtion to arry other rtghts and remedies provEded by law.
30. TERMINATIOM PRqCEDkIRE$
In addFdon to the procedures set forth 'tWow, iF.ths Commission terminates this corrtract, fhe Corrtractor
shall folbw srty procedures specified in the termittation noiicae. Upon temhirrati~on of this contract and En
addition to arry other rights provided in. this contract, the Commission may requim the Conftctor to
deliver to the Canrnission any property specfflcaUy produced or aoquired fior the perforrnanve of stitfi
part of this cm[ract as has bo.en terminated.
F6NA-CCPXFRY 09 Page 13 af 18 Kmg County
)f the termina~~,is for convenienoe, the Commission shap Ray to the Contractor the agreed upon prEoe, if separabely stated, for propeciy auttiorized and completed woric and seniices rendered or goods
de)'niered ta and acoepted by the Commission prior to the eftecfive dabe of cantract termtnadon, and the
ampur#t agm.ed tapon by the Contractor and`the Comrnission for (i) compfetod -work and serviaes and/or
equtpr.rietzt o` supplIes ptvvided for whidh no separate prioe is stated, (ii) partiaUy completed uvnrk and
sethrices andl.or equipm.errt or supplies provided vuhich are accgpted by the Cammissfon, (Gi) other work,
- .serAces andlot' equipmerit c5r supplies wh➢ch are accaepted by the Commission, and (lv) the proteCtion
.and presenfation of property.
Fellure to agree with such atnourrts shall be a dispute wtthin the meaning of the "Disputes° clause of
. thls contraa If the tecmfnatfon Is fot cau- se, the CArramissPon shall determtna thc ex6errt of tt~e IIablQby of
#he oomm~ on. '1'h~e Commission shaU have no other obGga~s~n to tthe Contiactor fat ter~nunatuon. The
Commissidn may witnhbld from any - amourrts due the Contract+or such sum as tMe Commissfon
cletermines to be nearssa_ry to proted the Gommissfon against pobenfial loss ar Gability.
The.rigft and remedies of tthe Cammission pmvided in fhis contract shall not be. exdusive and are !n
-adtlition to roty other ttghts and recnedies prnvlded by law. . .
After receipt oF-a notic,e.ofi terrMinatlonn, and ezcept as oifierwise crffectel by the Corrimission in wriiting; the Cbritrador shall: 43. $top work under the contract on the date, and to the extent.specified, in the nodc+a; b. Ptace no further orclers or subnorrtrads for materials, servtces, suppGes, equlprrieM and/or
facttifies in relation to ifiis contr.ac,t except as may be necessory for cample#ion of such ,portion of
the vworlt under thB eorftat as 19` not terminated;
0;1 Assign to ttte C.vmmisslon. `in the rnanner, at the times, antl to the exYerr# directe.d by the
Cornmisston, all of -the rfg'hts; titte; and irrbms# of the Contradvr wlder the btders and '
subcontrads so termirrabed, in which case the CommisslQn has the rigfit, at its disaxedon, to
setUs or pay.any or a(I cairris aris(ng put of the terrninafioh vF such orders and subwntrads;
d. Setde al( outs%nding Ilabilities and aii _daims arWfig aut of such twmination of orders and
isubcontracts, With the approva( or'rafiftoatPon of the Commission to the eAent the Commission
may requfre, whIch approval or ratification shail be.finai far all ft purposes aP thi,s dause;
G. Transfer title to the tGommissivrl and delher in the manner, at the times6 and to tfie extent
directed by the Commission atry prooerty whlch, if the contract had taeen compleUed, wouid have
' #ee'+ rectuir'red to pe fumished to the Commfssion,
fi Comptet.e performanoe of such part of #he work as shoil 1aQt have besn tertnirtated by the
Comttisslon in cornpliance wlth alt coniracxual requfrerrterrfis; and
g. Talte sur.Fi action as may be necassary, or as the CommJssion Pnay require, fbr fhe prAtwtion
artd preservation of the prope►ty related to this abntrad which is in the possessIon of the
Gonri'actnr and in. whiah the Cammissian has ,or may acquire an irrterest.
AAf3 Approver! 9/1212007
FEMA-COP-FFY 09 `:Pags 14 of 18
iongtouMy
Exhibit B
Statement of Work . FFY 2009 State Hometand,Securify Program
INTRODUCTION: The FFY09 ~iizen Corps- Program (CCP) funtls are provided to support C'rdzen Corps
Councils w1th efforts to er►gage dtlzens In a1l-hazards prevention, protecdon, respanse; and rscovery. These
effarts lndude pFarining and evaluatton, pubGc education and emer8ency comrinunic,atians, training, exercises, .
volunteer pr+ograms and actlVitles bo support emergency respondeis, sutge capaaty roles and responsibilities,
anci provtding pmper equipment Co df¢en votunteers. Washington State. is subdivlded ir~to nine (9) Homeland
Sec~urity Faegtons. Wwiin each of the nine regfons a Rsgtonal Hvmeland Security Coordinating C#fice
(RFE3C0) has been identified.
. Kfig, Courrty Office of EmeFgency AAanagement is the Region 6 RHSCp. Klng CouMy Office of Emergency
Maragemen't (her8in knawn as the Carrtrattor) agrees b the folbwing:
GENERAL PROGRAM REQUIREIVIENTS:
1. Uuoflc dosely with .the, establish,ed Regiqnal Homeland Security Councii to devefop a strategy and
su6sequerii budget for the use of these funds. The imptemerrtation af the projects or acWtIes associated
wfth these ftunds will be doadinated with the countles, aMas, and the #ribal govemmerrts located within the
astabiislied reglon. .
2. ACffvtties under this corbact must have a dear correlaation tb the goeis, objecUvss, and priorffles iderfified
in the Washingtan State Stiaftic Plan and .corresponQing Investrrietrt Justificatlons submitted In the
FF'Y09 gracit application. •
3: Plan and implement eqtiipmecit pumhases; exerc[ses, trafiing, Plautning and managemerit $e aclministraiion _
aaMes In a=r+danoe with the FFY09 Homel'arid Securiiy Grattt Program C3uidanoa, whlch can be found
af http;TMnRUw.fema.uovlaovemment/aranUhsaol~ndex.shtm. as viaU as all subseguent policy changes.
4,. Ensure that ali suticrortttactors and subQrantees are in oorrlpllatace with the FFYO$ Nomeland Security
(3rant Pragram Guidanoe thraugh moridoring ofi expent3itures and psriodic revisws of acfivi4es.
5. Submit a Bi i4nnuat Stmbegy fmptamerrtatian Report (B51R),` via the web-6ased Gwarrt Repoiting 7001 at
MtnsJ/.vaww.reoortina.odo.clhs crov as .required In the contnid MilestorYes.
A Subrnit a Bi-Annuat Progc+ess Report to his.repordng@ernd.wa.gav and t'he Ecrmmission's Key Personnei
as mquired in #he corftac:t Milestorres.
7. Submit at a inaximum monthly and a minirnum quarterly, signed and appr+wed, irnoice vouchers (State
Focm Ar'! 9) and a Reimburserrisrat Spreadstaeet to ths CommWsion for oosfis inam+ad.
8. If purchasirtg equipment, the CoMrar.tor must meet the foliowfng rBquirisments:
. Equlpment must be In compliartc;e with -the FEN1A }wthorized Eiquiprnerrt Ust (AF1), as detailed at
httn:/frnrwvv.rkb.usl,
• Recehre written approvalfr+crom the Equfpment 3uboommittee.
• Submit the pac;king stip for relmbtirsemerrt, or indica#e on ft'Involoe °AA iteme lisbed have been
received, are In wnrktng order end have been inVenboried.°
9. Exerdses t1rat are Implemented wWi grant funds must meet: the rgquiremerrts of the FFY09 Homeqand
Security GrBnt Program Guidanos, be thneat and perftirtnance based, and, should evaluate performanre of
pitical.preverrCion and response tasks required of the exeratse scel~arfa Wpon wmpietion of the.exercise,
:an Aiter Aotion Reportand an ltnproyement Plan must be preparsd and submifted ta the FEMA portai
within 50 days of cortptetion ,af the exercise. Refmburserraft for eicehcise related expenclftures can not..
bemade unb1 this requir+emerrt has been mef.
10. The FFY09 HSGP grant sUputates fhe foilowing aaps end threshoids:
• The Coriiractor wiil not be relrrbume1 for IUbnagemerrt and A.►dministrative costs that exceed the
budgeted amount (see Exhibft C), to meet the Federa13% cap ofttre tottai award.
• Expenditures for promo#ional items must:not exceed 15% of.ft totai a(location.
r-ENVCCRFFY 09 Page 15 of t s King CountY
o Expend'rtures for kits used in volunteer response (e.g., CERT or MRC k'dslbadcpacks) or dothing for
offidal ideMfflcatlon must not exceed 30% of #he total aUocadon.
• A minimum of 2596 of the totat corltrad award must be spent on preparedness planning activifies.
EOBFTR;ACTDR TASKS;;
1. Pravtde condmuing education opportunfUes on a zone basts for ((ERT lreined citiaens.
2. Purrhase identffEable antl protedive do9hing fQr Citizen COrps instructors and volurtteers.
8. Swpport Naffona( Night Out acdyities wifh signage and other everrt matetials.
4. Provide a CERT train-the-trainer dass. 5. Support Citizen Corps prograrns thtaugh promofional materials: -
THE700MMiSStON AGRM TO: `
1: Prouide technicaf assistance, expertise, and statecoorciinaWn with FEAAA where necessary.
2. Reimburse The Ccmtractor within 45 days af recelpt and appi:oyal of requests for refmbutseMent which lridUcles 611 daturnenIation of ,eacpens~~~ures ao reQuired.. .
,
FEAAA-CcF-FFY 09 Page l8 or 1$ , • Kks Cau*
MILESTONES
- FFY09 State Homeland 3ecurity Program
' MII. ME • TASK ,
August 1, 2009 3tar# ofi oqntract rfoCmance
pe _ period.
, Date of Last 6ignature Contraat Execution.
September 30, 2010 Submit MIWS oompgaru:e report,
. .
Submissbn af Bharmual Strategy Implemer~tfon Reporf (BSIFt)
January f5, 2D?0. and Progress Report.
Ju(y 15, 20:10 . Subrritssian af BI-annua! Strategy (mplemertsUon Report (BSlFt)
and Prcgr~ess;Repork _
Janua .ry 15, ?A11 ~~~n d Bi-annual Strategy tmptemenfati~on f~eport (B51R)
attd Progross Report.
.
. Juty 15,;2011 Submissi°n of Bl-annual Strategy 9rtiiplemerrtation Report (63fR)
and Progiess Report.
September30, 2011 Submit NIMS:compilance report.
October.31, 2011 End of oontract perFormance period.
No fater than- Qeaember 15, 201.9 Subm_ft ail final reports, requests far reimbwrsement andlcr .
delnrerables.
FEMA EL'P-FFY 09 Page 17 of 18 - Kbg Cowy
Exhibit C
BUDGE7 SNEET ' FFY 2009 State Homeland Securifiy Program
PLAMNING su~-cate~ory Fudrg saw. 7Wu ` saartes & aenals $ -
`
' Cmsa@a►ts/Sub~ng $ 51000.00
6.395.50
Goods & Sendcs $
_ TtayEt 8, Per DEetri $
-
PoSS ThN $
~
' . . _ Olw4Idred
ToW _ $ 11.395.50
TRAINING subCa"ory Furdng sou= 7s3sr
saaries & eenefds S zso.oo
. ~er5me S -
Co rv $ 250.00
C-0Dd8 & SWACAS $ 2.000.00
TfBVeI & ft D'tem $
Pm Tfiru $ -
ouw
2.soo.00
_ EXERCISE s&calegory Funft souree: rmO
s~tarr~ & $
_ OuerQme $ -
C~IferdsfSub-t~ntrec6ng $ -
Gocds & Servioes $ -
_ R'raoe! & Per Ofem $ - .
FUS:~ g .
0~ $
• Td af• - $
MANAQEIlIEEF & _
.AMrn~►nonr , sub~~ Rffdng sum 7MSA
sgbft & eeneft $
-
$
coods $ serAca $
-
7rre18 Ret Dian $ -
. Aaqs Thru $ -
OBW
Tota1 _ $
-1
EQUIPMENT sdwAvm $ 16.6ss.50 RmOV sourar Mss
roW BOa ' ao
~.t~nnuFafiue doves to lnodW ceftates in mess a 10% ottie corftdawaM ur~l rot ber~n,biasea ~c ~iOrwi~ben
aaeoftdon pom tlre Q~rt.
1.4 Fedeiai garcls maF6eusea to sup~i,errte*'ft (u4s, a~a wID noc replaze (supplu4 Arnms ftWtmye em appaopriad for
The Cotq=Eorwll rpt be rehntxAed fOr NmagmpW mdAtnWaMe.oosfa 91flt e?¢eed 50.
'FEMA-CCRFFY.09 - Rege 18 of 18 Ift-Courriy