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RESOLUTION NO. 4 5 5 7
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 TWENTY
FIVE THOUSAND DOLLARS ($25,000) TO PROVIDE
EQUIPMENT TO KING COUNTY CITIZEN CORPS PROGRAMS
WHEREAS, the City of Auburn is a participating member of the White
River Valley Citizen Corps Council; and
WHEREAS, the Department of Homeland Security has designated State
Homeland Security Program (SHSP) funds to assist jurisdictions in providing
programs and King County has designated some of those funds for Citizen
Corps Programs; and
WHEREAS, The City of Auburn sponsors programs that fall under the
authorized activities of Citizen Corps Council programs; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 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 Twenty Five Thousand Dollars ($25,000) to fund King County Citizen
Corps Program supply and equipment acquisition and distribution.
Section 2. Implementation. The Mayor of the City of Auburn is hereby
authorized to implement such administrative procedures as may be necessary to
carry out the directions of this resolution.
Resolution No. 4557
January 11, 2010
Page 1
Section 3. Effective Date. This Resolution shall be in full force and effect
upon passage and signatures hereon.
SIGNED and DATED this day of January 2010.
CITY OF AUBURN
R B. LEWIS
MAYOR
ATTEST:
Danielle Daskam,
City Clerk
APP OVED AS TO FORM:
D niel . Heid,
City Atto ey
• Resolution No. 4557
January 11, 2010
Page 2
~~~~~ViED,
JAN 2 8 2010
ICng County Office of Emergency Management . E K~n,~~ °ff'~e of
~
HOMELAND SECURITY SUBGRANT AGREEMENT FFYaG'Ty CUFRK,S
E
SUB GRANT AGREEMENT NUMBER: FFr08-sHSP-cc-002 FEB 112010
PROJECT TITLE: KING COUNTY CITIZEN CORPS SUPPLIES b EQUIPMENT
. THIS AGREEMENT is made and entered into by and between King County and the City of
Aubum, hereinafter "Subgrantee'", for the express purposes set forth in the following provisions
of this Agreement.
It is undersfood that funding for this Agreement has been granted to King Gounty by the United
States Department of Homeland Security (DHS) through the Washington State Military
Department, Emergency Management Division (EMD). The funding source of the grant is the
FFY08 State Homeland Security Grant Statie Homeland Secwrity Program, Catalog of Federal
Domestic Assistance (CFDA) # 97.067, State Contract # E09-178.
Neither the DHS nor the Federal Government shall. be a party to any subagreement nor to
any solicitations oc request for proposals. This Agreement shall be subject to the applicable
grant contract between DHS-and EMD and the subgrant contract between EMD and King
County. The 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 Counry to be in violation of the
DHS and EMD grant terms and conditions, a copy of which is attached hereto as Exhibit D.
NOW THEREFORE, King County and the Subgrantee mutually agree as follows: \
1. SCOPE OF WORK, BUDGET.AND APPROVED EQUIPMENT LIST
The Subgrantee will accomplish the work and tasks as set forth in this Agreement including the
Scope of Work, (attached hereto as Exhibit A), Budgef (Exhibit B) and Approved Equipment List
(Exhibit C).
2. PER10D OF PERFORMANCE
The period of performance under this Agreemenf will be from January 1, 2010 to August 31,
2010 . All work must be satisfactorily oompleted, and all invoioe reimbursement requests,
reports, and deliverables must be submitted to IGng County Office of Emergency Management,
by the end of this Period of Perfomnance. 3. CONTRACT REPRESENTATNES
King County's Project Manager on this Agreement shall be Tony Lewis - Grant Administratoc at - -
King County Office of Emergency Management. The Project Manager shall be responsible for
monitoring the performance of tlie Subgrantee, the approval of actions by the Subgrantee,
approval for payment of billings and expenses submitted by the Subgrantee, and the
acceptance of any reports by the Subgrantee.
The Subgrantee's representatiye to this Agreement shall 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 #his Agreement and who will ensure that
all terms ofthe Agreement are met.
Any notice required or permitted under this Agreement shall be deemed sufficiently given or
served if sent to King County or the Subgrantee at the addresses provided below:
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~
' If to King County:
Tony Lewis
King County Office of Emergency Management
3511 N E 2"d Street
' Renton, WA 98056
PH: 206.296.3830 / FAX: 206.205.4056
Tony. Lewis@kingcounty:gov
If to the Subgrantee:
Sarah K. Miller
340 E Main St., Suite 201 .
Auburn, WA 98002-5548
PH: 253-876-1909 / FAX:: 253-939-7769
skmiller@auburnwa:gov
4. REIIVIBURSEMENT REQUESTSAND PAYMENT
This is a reimbursement Agreement and will not to exceed $ 25,000.00 (Twenty-fire thousand
do//ars and no cents) with compensation payable to the Subgrantee for satisfactory
performance of the work under this Agreement. Payment for satisfactory performance of the
work shall not exceed this amount. The parties may amend this amount by mutual agreement:
Compensation for satisfactory worc performance shall be payable upon receipt of properly
completed Invoice Reimbursement Request, which is available fo the Subgrantee at.
http://www.kingcounty_aov/safety/areoare/EmergencyManagementProfessionals/Gra nts/SubGrants.aspx
Invoice Reimbursement Request forms for eligible costs may be submitted no more than
monthly and no less than quarterly after expenses have been incurred. Supporting
documentation is required for reimbursement of all 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 completed within the subgrant period of performance. When seeking
reimbursement for equipment, the Subgrantee must also present a Hand Receipt Form. lGng
County may also require the Subgrantee to document that funding govemed by this Agreement
is not being used tD replace or supplant exasting programs, staff oosts, activities and/or,
.
equipment
Payment shall be considered timely if mailed by King County to the Subgrantee within thirty (30)
calendar days after receipt of properly co"mpleted Invoice Reimbursement Request Payment
shall be sent to the address designated by the Subgrantee on the Invoice Reimbursement
Request form. King County may, at its sole discretion, withhold payments claimed by the
Subgrantee for services rendered if King County has determined that the Subgrantee has failed
to satisfactorily comply with anyterm or condition of this Agreement.
King 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.
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5. REPORTING REQUIREMENTS
Narrative Progress Reports are due on a quarteriy basis. This report must include . the
Subgrantee's progress in implementing the Scope of Work, ineluding 'any problems
encountered and possible oost overruns or under runs. If no_progress has been made on the
AQreement a report must still be provided quarterly. ~ 6. RECORDS MAINTENANCE ,
The Subgrantee shall maintain acoounts and records, including personnel, financial, and programmatic records, and other such records as may be deemed necessary by King County,
to ensure proper accounting for all project funds and compliance with this Agreement All such
records shall sufficiently_and properly reflect all direct and indirect costs of any nature expended
and service provided in the performance of this Agreement. These records shall be maintained
for a period of six (6) years after subgrant close-out, and shall be subject to inspection, review
or audit by King County, State or Federal officials as so authorized by law.
7.EQUIPMENT MANAGEMENT, ADMINISTRATIVE 8 GENERAL PROGRAM
REQUIREMENTS
A. EaUIPMENT MANAGEMENT
AU equipment purchased under this Agreement by the Subgrantee will be recorded and
maintained in an equipment inventory system.
1. The Subgrantee shall submitall proposed equipment purchases to the appropriate.,
committee to ensure that the requested equipment is on the Authorized Equipment List
(AEL), is aligned with the statewide equipment purchasing strategy, and meets all
statewide interoperability and standardization requirements. No reimbursement for'
equipment costs will occur un"til the appropriate approvals have been obtained: ,
2. The Subgrantee shall ensure full compliance with FEMA's Environmental and Historic
Preservation (EHP) Program requirements as outlined in the applicable grant guidance.
3. Upon successful completion of the terms of this Agreement, all equipment purchased
through.this Agreement will be owned by the Subgrantee, or a recognized sub-grantee
for which a contract, subgrant agreement, or other means of legal transfer of ownership
is in place. ~
4. The Subgrantee, or a recognized subgrantee shall be responsible for any and all
operation and maintenance ezpenses and for the safe operation of the equipment,
including all questions of liability.
5. The Subgrantee shall mainta.in equipment records that include; a description of the
equipment; the manufacturers serial number, model number, or other iclentification
number; the source of the equipment, including the Catalogue of Federal Dorriestic
Assistance or CFDA number; who holds title; the acquisition date; the cost of the
equipment and the percentage of Federal participation in the cost; the location, use and
condition of the equipment at the date the informa_tion was reported; and disposition data
including the date of disposal and sale price of the property.
6. Recordsfor equipmenf:shall be retained by the Subgrantee for a period of six (6) years
from the date of the disposition, replacement or transfer. If any litigation, 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 audif findings involving the records have
been resolved. 7. The Subgrantee shall 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 determine the cause of the difference.
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The Subgrantee shall, in connection with the inventory; verify the existence, current
utilization, ancl continued need for the equipment
8. 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. It 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 orstate regulations are more `
restrictive. 9. The Subgrantee shall develop' a control system to ensure adequate safeguards to
prevent loss, damage, unauthorized use and theft of the equipment to include small and
attractive ifems. Any loss, damage or theft shall be investigated and a report generated
which will be submitted to King County Office of Emergency Management:.
10. The Subgrantee will develop adequate maintenance procedures to keep the property in
good condition.
11. If the Subgrantee is authorized or required to,sell the property, proper sales procedures
must be established to ensure the highest possible return.
12. When original or replaeement equipment is no longer needed for the original project or
program' or for other activities currently or previously supported by a Federal agency,
disposition of the equipment will be made as follows:
a. Items of equipment with a current per-unit fair market value of less than $5,000
may be retained, sold or otherwise disposed of by the Subgrantee with no further
obligation to the awarding agency.
b. Items of equipment with a current per-unit fair marketvalue of more than $5,000
may be retained or sold and the Subgrantee shall compensate the Federal-
sponsoring agency for its share.
As subgrantees of federal funds the Subgrantee must pass on equipment management
requirements that meet or exceed the requirements outlined above for all subgrantees who
receive pass-thru funding from this contract B. ADMINISTRATNE REQUIREMENT$
The Subgrantee shall comply with all financial and procurement guidance, including competitive
processes and other procurement requirements, to include but not limited to Office of Management and Budget (OMB) Circulars A-87 Cost Principles for State, Local and Indian
Tribal Govemments, A102 Grants and Cooperative Agreements with State and Local
Govemments, A122 Cost Principles for Non-Profit Organizations, A133 Auciits of States, Local
Govemments, and Non-Profit Organizations, the Federal Emergency Management Agency's
codified regulations, 44 code of Federal Regulations (CFR), and the U.S. Department of
Homeland $ecurity's Financial Management Guide. Local and state procurement and
contracting regulations take precedent over these requirements when local and state
regulations are more stringent.
C. General Requirements
Subgrantee must adhere to all financial and procure guidance, including:
• 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-
contractors, at which point the Subgrantee will be responsible for reviewing and
approving their sub contracfor's sole source justification.
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• Adhere to Office of Grants and Training requirements that all contracts with individual
consultants, that are not competitively bid, and where the consultant will be charging an
excess of $450 per day (excluding travel and subsistence) must be approved by King
County before the contract is executed. This requirement must be passed on to all of
the Subgrantee's sub-contractors, at which point tFie Subgrantee will be responsible for
reviewing and approving their sub-contractor's contract. • Grant funds may not be used to replace or supplant exisfing funding. _
, No travel or subsistence costs, including lodging and meals, reimbursed under this sub grant
agreement,may exceed federal maximum rates which can,be found at www.gsa.gov.
8. COMPLIANCE WITH APPLICABLE LAWS AND GRANT REQUIRENIENTS
The Subgrantee shall be responsible for following all applicable Federal, State and local laws,
ordinances, rules and regulations in the performance of work described herein, New federal
laws, regulations,: policies and administrative practices may be established after the date this
Agreement is established and may apply to this Agreement. To achieve compliance with
changing federal requirements, the Subgrantee agrees to accept all changed requirements that -
apply to this Agreement and to require compliance with changed requirements in all
subcontracts. Failure to comply shall constitute a material breach of this Agreement.
By entering into this Agreement the Subgrantee :agrees that to receive any federal
preparedness funding, all National Incident Management System (NIMS) compliance requirements outlined in applicable grant guidance musf be met.
The Subgrantee and all its subconfractors shall coml2lv with, and DHS is not responsible for
determining compliance with, any and all applicable federal, state, and local laws, regulations,
and/or policies. This obligation includes, but is not limited. to, laws, regulations and policies
listed in this Agreement.
A. EGiUAL EMPLOYMENT OPPORTUNITY
During the performance of this Subgrant, the Subgrantee shall comply with all federal and
state nondiscrimination statutes arid regulations. These requirements include, but are not
limited to:
1. Nondiscrimination in Employment: The Subgrantee shall not discriminate against
any employee or applicant for employment because of race, color, sex, sexual
orientation, religion, nafional origin, creed, marital status, age, Vietnam era or
disabled veterans status, or the presence of any sensory, mental, or physical
handicap. This requirement does not apply, however, 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 affirmative action to ensure that employees are employed
and treated during employment withouti discrimination because of their race, color,
religion, national origin, creed, marital status, age, Vietnam era.or disabled veterans
status, or the presence of any sensory, mental, or physical handicap. Such action
shall include; but nof be limited to, the following: Employment, upgrading, demotion,
or transfer, recruitment, or recruitment selection for training, including
apprenticeships and volunteers.
Ref: Executive Order 11246, as amended by Executive Order 11375; Title VII 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; section 102 of the Americans with
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i
Disabilities Act, as amended, 42 USC 12101 et seq.; 29 CFR Part 1630; 41 CFR § 60-
1.4. '
;
B. NON-DISCRIMINATION
During the performance of this Agreement, neither the Subgrantee nor any party
subcontracting under the authority.of this Agreement shall discriminate on the basis of race,
. colot, sex,; religion, nationality, cceed, marital status, sexual orientation, age; or presence of
any sensory, mental, or physical handicap in the employment or application for employment or
in the administration or delivery of or access to services or any other benefits under this
Agreementas deflned by King Counfy Code, Chapter 12.16.
During the performance of this Agreement, neither the Subgrantee nor any party
subcontracting under the authority of this Agreement shall engage in unfair employment
practices as defined by King County Code, Chapter 12.17 or 12.18.
The Subgrantee , shall comply fully with all applicable Federal, State and local laws,
ordinances, executive orders and,regulations that prohibit such discrimination. These laws
include, but are not`limited to, RCW Chapter 49.60 and Titles VI and VII of the Civil Rights Act
of 1964.
During the performance of this Agreement, the Subgrantee, for itself, its assignees and
successors-in-interest agrees as follows:
1. Nondiscrimination
The Subgrantee, with regard to the work perFormed by it during the Agreement, shall not
discriminate on the grounds of race, color, creed, gender, disability, age or national origin
in the selection and retention of subcontractors. The Subgrantee shall not participate
either directly or indirectly . in the discrimination prohibited by Section 21.5 of the
Regulations, including employment practices when the Agreement covers a program set
forth in Appendix B of the Regulations. .
Ref: 20 USC 1681. etseq, Age Discrimination Act of 1975, as amended, 42 USC
6101 et seq.; Section 504 of tlie Rehabilitation Act of 1973, as amended, 29 USC § 794,
Americans with Disabilities Act of 1990 (ADA), as amended, 42 USC 12101 etseq.
2. Solicitations for Subcontracts, Including Procurements of Materials and Equipment
In all solicitations either by competitive proposal or negotiation made by the Subgrantee for
work to be performed under a subcontract each potential subcontractor or supplier shall be
notified by the Subgrantee of the Subgrantee's obligations under this Agreement and the
regulations relative to nondiscrimination on the grounds of race, color, creed, gender,
disability, age or national origin.
3. Information and Reports
The Subgrantee shall provide all information and reports required by the regulations or
directives issued pursuant tliereto and shall permit access to its books, records, accounts,
other sources of information, and its facilities as may be determined to be pertinent to
ascertain compliance with such regutations, orders and instructions. The Subgrantee shall
maintain all required records for at least six (6) years after King County makes final
payment and all other pending matters are closed.
4. Incorporation 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 directives 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
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becomes invoived in or is threatened with litigation with a subcontractor or supplier as a
result of such direction, 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 Government to enter into such litigation to protect the interests of the
United States.
C. AMERICANS WITH DISABILITIES ACT
In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C..
§ 12112, the Contractor shall comply with tlie requirements of U.S. Equal Employment
Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the
Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons
with disabilities.
The Subgrantee is required to comply with all applicable requirements of the Americans with
Disabilities Act of 1990 (ADA), 42 USC 12101, et seq.; Section 504 of the Rehabilitation Act
of 1973, as amended, 29 USC § 794; and, and the following regulations and any amendments
thereto:
1. U.S. Department of Justice (DOJ) regulations, "Nondiscrimination on the Basis of
Disability in State and Local Govemment Services," 28 CFR Part 35;
2. U.S. Department of Justice regulations, "Nondiscrimination on the Basis of Disability by
Public Accommodations and in Commercial Facilities," 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;
5. U.S. Federal Communications Commission regulations, "Telecommunications Relay
Senrices and . Related Customer Premises Equipment for the Hearing and Speech
Disabled", 47'CFR Part 64, Subpart F.
D. PRNACY 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 restrictions on" the party administering the system of records.
For purposes of the Privacy Act, when the. Agreernent involves the operation of a system of
records on individuals to accomplish a govemmenf function, the Subgrantee and any
subcontractors and their employees involved therein are considered to be government
employees with respect to the govemment function. The requirements of the Act, including the
civil and criminal penalties 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 ~to termination. The Subgrantee agrees to include this clause in all
subcontracts awarded under this Agreement that involve the design, development, operation, or
maintenance of any system ofrecords on individuals subject to the Act.
E. INTEREST OF MEMBERS OF OR DELEGATES OF CONGRESS,
Pursuant to 41 USC § 22, no member of or delegate; to the Congress of the United States.
shall be admitted to any share or part of this Agreement or to any benefit arising therefrom.
, Page 7 af 38 •
F. DISCLOSURE OF LOBBYING ACTNITIES '
i
Agreements in excess of $100,000 require thaf a Certification Regarding Lobbying, and
Disclosure of Lobbying Activities (if appropriate), be completed and submitted to King County
as required by 49 CFR Part20, "New Restrictions on Lobbying:"
The Subgrantee certifies that it shall not and has not used Federal appropriated funds fo pay
any person or organization for influenc'ing 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 connection with obtaining any Federal Contract, grant or any other
' award covered by the Byrd Anti-Lobbying Amendment, 31 USC § 1352. The Subgrantee shall
d'isclose the name- of anY re9istrant under the,Lobbying Disclosure Act of 1995, codifed at 2
USG § 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 USG § 1352. Such disclosures
are to be forwarded to King County.
The Subgrantee shall include the language of thi5 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 accordingly.
Ref: 49 CFR Part 20, modified as necessary by 31 USC § 1352.
G. FALSE OR FRAUDULENT STATEMENTS OR CLAIMS ~
The Subgrantee acknowledges that if'it makes a false, fic#itious, orfraudulent claim, statement,
submission, or certification to King County in connection with this project, the County resenres
the right to pursue the procedures and impose on the recipient the penalties of 18 USC 1001,
31 USC 3729 and 3801 et seq.; andLor 49 USC § 5307(n)(1), as may be appropriate.
The Subgrantee agrees fo include this clause in all subcontracts awarded under this
Agreement.
H. ENERGY CONSERVATION
The Subgrantee agrees to cornply with mandatory,standards and Policies relating to energy
efficiency that are contained in the State Energy Conservafion plan issued in compliance with
the Energy Policy and Conservation Act; 42 USC 6321 et seq., and 49 CFR Part 18.
The Subgrantee agrees to include this clause in all subcontracts awarded under this -
Agreement.
1. ENVIRONMENTAL REQUIREMENTS
The Subgrantee agrees. to comply' with the applicable requirements of the National
Environmental Policy Act bf, 1969, as amended, 42 USC 4321, et seq., consistent with
Executive Order No. 11514, as amended, "Protection and Enhancement of Environmental
Quality," 42 USC § 4321 note. Council on Environmental Quality regulations on compliance
with the National Environmental Policy Act.of 1969; as amended, 42 USC § 4321 etseq. and
40 CFR Part 1500, etseq.
J. PREFERENCE FOR RECYCLED.PRODUCTS
To the extent practicable and economically feasible, the Subgrantee agrees to provide a
competitive preference for products and services that consenre natural resources and protect
the environment and are energy efficient. Examples of such products may include, but are not
limited to, products described in the United State's. EPA Guidelines at 40 CFR Part 247;
implementing section 6002 of the Resource Conservation and Recovery Act, as amended, 42
USC § 6962, and Executive Order 12873. -
K. PATENT RIGHTS
If :any invention, improvement, or discovery of the Subgrantee or any of its Subcontractors is
conceived or first acfually reduced to practice in the course of or under this Agreement, and that
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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 responsibilities of the Subgrantee and King County with respect
#o such invention, improVement or discovery shall be determined in accordance with applicable
federal laws, regulations, policies, and any waiver thereof. Unless the Federal Government later makes a contrary determination in writing, irrespective of
the Subgrantee's status (i.e., a large business, small business, state govemment or state
instrumentality, local govemment, nonprofit organization, academic institution, individual), the
County and the Subgrantee agree to take the necessary actions to provide; through DHS, those
rights in that invention due the Federal Government as described in U,S. Department of ~
Commerce regulations, "Rights to Inventions Made by Nonprofit Organizations and. Small
Business Firms Under Govemment Grants, Contracts and Cooperative Agreements," 37 CFR
Part 401.
The Subgrantee also agrees to inelude the requirements of this section in, eaeh subcontract for
experimental, developmental, or reseacch work financed in whole or in part with Federaf
assistance provided by DHS.
Ref: 49 CFR Part 19, Appendix A, Section 5
L.. OMB CiRCUUARs The Subgrantee shall comply with OMB Circular A-87, Cost Principles for State, Local, and
Indian Tribal Govemments; 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 Governments, and Non-Profit Organizations.
M. $INGE 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-specfic audit
conducted in accordance with the U.S. Office of Management and: Budget (OMB) Circular A-
133, Audits of States, Local Govemments, and Non=Profit Organizations (Revised June 27,
2003; effecUve for fiscal years ending after December 31, 2003). Non-federal entities that
spend less than $500,000 a year in Federal awards are exempt from Federal audit
requirements for ttthat year, except as noted in Circular No. A-133.
Entities required to have an audit must ensure the audit is performed in accordance with
Generally Accepted Auditing Standards (GAAS), Government Auditing Standards (the
Revised Yellow Book) developed by the Comptroller General and the OMB Compliance
Supplement.
The Subgrantee has the responsibility of notifying the State Auditor's Office and requesting an _
audit, if required. -
1
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 letter stating there has been a single audit completed and there
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 subcontractors. Responses to any unresolved management findings 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 findings within 30 days of the date of request. King County Office
of Emergency Management reseryes the right to recover from the Subgrantee all disallowed
costs resulting from the audit. In addition to sending a copy of the audit, the Subgrantee must
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include a coRective action plan for any audit findings and a copy of the management letter'if '
one was received.
The Subgrantee must send tFiis letter to King County no later than nine (9) months after the
end` ofthe Subgrantee's fiscal year(s).
The Subgrantee shall include the above audit requirements in any subcontracts.
N. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, OR INELIGIBILITY
If Federal. funds are the basis for this contract, 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 liy any Federal department or agency.
By signing and submitting this Agreement, the Subgrantee is providing the signed certifcation
set out below. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered inta if it is later determined that the
Subgrantee knowingly rendered an. erroneous certification, the Federal Govemment and
County may pursue available remedies, including suspension and/or debarment.
The Subgrantee shall provide immediate written notice to King County if at any time the
Subgrantee leams ' that its certification was erroneous when submitted or has become
erroneous by 'reason of: changed circumstances.
The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered
transaction," "participant,° "persons," "principal," "proposal," and "voluntarily excluded," as
used in this clause, have the meanings set out in the Definitions and Coverage sections of
rules implementing Executive Order 12549 [49 CFR Part 291.
The Subgrantee agrees by signing this Agreement that it shall not knowingly enter into any
covered transaction with a person or. subcontractor who is debarred, suspended, declated
ineligible, or voluntarily excluded from participation in this covered transaction, unless
authorized in writing by King County.
The Subgrantee shall include the, requirement in this section in any subcontracts.
9. AMENDMENTS
This Agreement may be amended only by written concurrence of both parties. Amendments to
Scope of Work (Exhibit A), Budgef (Exhibit B) and Approved Equipment List (Exhibit C) will only
be approved if the proposed amendment is consistent with State and Federal granting agency
rules. Except for changes in Equipment and Salaries & Benefits on 'the Budget (Exhibit B), up
to ten percent (10%) of the total award amount may be shifted between the other approved
budget categories and sub categories., For Equipment, Salaries & Benefits or amounts over ten
, percent (10%), the Subgrantee must submit a written budget amendment request for approval.
Such requests will only be approved if the proposed change(s) is (are) consistent with and/or
achieve(s) the goals stated in the Scope of Woric (Exhibit A) and falls within the grant
requirements.
10. TERMINATION
This Agreement may beterminated by King County, in whole or in part, forconvenience without
cause prior to the end of the Period of Performance, upon thirty (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 Performance, upon thirty (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, andlor failure to provide grant-related inyoices, reports, or any requested
documentation.
Page 10 of 38
If the Agreement is terminated as provided above, King County will be liable only for payment in
accordance with the terms of this Agreement for satisfactory work completed prior to the
effective date of #ermination.. The Subgrantee shall be released from any obligation to provide
further services pursuant to this Agreement.
Nothing herein shall limit, waive; or extinguish any right or remedy provided by this Agreernent
or lawthat either party may have in the event that the obligations, terms and conditions set forth
in this Agreement are breached by the other party.
Funding under this Agreement beyond the current appropriation year is conditional upon
appropriation of sufficient funds to support the activities described in this Agreement. Should
such an appropriation not be approved,,this Agreement will terminate at the close of the current
appropriation year.
11. HOLD HARMLESS AND INDEMNIFICATION
The Subgrantee shall protect, indemnify and hold harmless King County, its officers, officials,
"agents, and employees from and against any and all claims,, costs, and/or issues whatsoever
occurring from any and' aIF actions by the Subgrantee. and/or its subcontractors pursuant to this
Agreement. 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:- Claims 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 material of any kind, delivered hereundec, 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 attorney fees and costs shall be recoverable from the
Subgrantee. In addition King County shall be entitled to recover from the Subgrantee its
attorney fees, and costs incurred to enforce the provisions of this section.
12. INSURANCE
Subgrantee shall provide and maintain and shall cause ifs subcontractors to provide and
maintain Commercial General Liability in the minimum amount of $1,000,000 per occurrence
and $ 2,000,000. in the aggregate. King County, its officers, officials, agents and employees
shall be named as additional insureds:
If the Agency is a Municipal Corporation or an agency of the State of Washington and is self-
insured for any of the'above insurance requirements, a eertification of self-insurance shall be
submitted to King County Office of Emergency Management and shall constitute compliance
with this section.
13. SCHEDULE OF DCPENDITURES OF FINANCIAL A$SISTANCE
King County Govemment Subgrantees :should not include expenditures incurred by your ,
agency and reimbursed by DHS through King County Office 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 Financial Assistance.
14. ENTIRE CONTRACT/WAIVER OF DEFAULT
This Agreement is the complete expression of the agreement of King County and the
Subgrantee hereto, and any oral or written representations of understandings not incorporated
herein are excluded. Waiver of any default shall not be deemed -to be a waiver of any
subsequent default. Waiver of breach of any provision of this Agreement shall not be deemed
Page 11 of 38
to be waiver of any other oc subsequent breach and shall not be construed to be an amendment
of the ferms ofithis Agreement unless stated to be such through written approval by both parties
and shall be attached to the original Agreement.
15. SEVERABILIIY : .
;
If, any section, subsection, sentence, clause or phrase of this Agreement is, for any reason,
found to be unconstitutional or otherwise invalid by a court of competent jurisdiction, such
decision shall not affect the validity of the remaining` portions ofi this Agreement.
. 16. APPROVAL
This Agreement shall be subject fo the written approval of King County's authorized
iepresentative and shall not be binding untif so approved.
TH13 AGREEMENT, consisting of 12 pages and 4 attachments, is executed by the persons
signing below who warrant and represent that they have the authority -to execute the
Agreement.
IN WITNESS WHEREOF this Agreement has been executed by each party on the date set forth
below: .
CI N KING COUNTY
/
BY
Name & Title PE1SK 5 • ~~j MAy°P'- PRobin Friedman, Director
\1o1~~1c~ - ~ -dj
Tr'
Date Date
Page 12 of 38 '
Exhibit A: SCOPE OF WORK
A 1 GENERAL INFORMATION:
Project Ttle: King County Citizen Gorps Supplies and Equipment
Sub Grantee's Name: City of Aubum
Contact Person: Sarah K. Miller
Job Titie: Emergency Preparedness Manager
Complete Address: 340 E Main St, Suite 201; Aubum, WA 98002
Phone: 253-876-1909
Fax: 253-939-7769
E-Mai1: skmiller@auburnwa.gov
A 2 INVESTMENT JUSTIFICATION:
Check ONE Investment Justification from the grant that will fund your project that best
describes it.
SHSP & LETPP'Projects;
❑ Protect Critical Infrastructure, Key Resources and Other Critical Assets
F-1 . Medical Surge and Mass Prophylaxis
❑ Strengthen Plans,. Ptotocols, Training and Exercises to Enhance Preparedness
Planning .
❑ Interoperable Communications
❑ Strengthen Regional CBRNE Detection; Response and Decontamination
Capabitities
Z Strengthen Regional Public Awareness and Community Preparedness Planning
❑ Law Enforcement Operations and IED Detection, Deterrence and Response
❑ Intelligence Production and Analysis - Washington Joint analytical Center and '
Regional Intelligence Groups
UASI Projeds:
❑ Preparedness Planning
❑ Enhance CBRNE Response Operations
❑ Enhance Medical Surge ❑ Urban Wide Interoperable Communications
❑ Law Enforcement Operations ❑ Citizen Preparedness .
Page 13 of 38'
. •
\
A 3 GOAL & OBJECTNE
SHSP & LETPP Projects:
,
Identify ONE Goal and ONE Objective in the Washington Statewide Homeland Securitv
, Strategic Plan that best represents the project:
GOAL 5.6
GOAL DESCRIPTION: Increase Citizen Preparedness.and Participation
OBJECTIVE 5.62 ,
OBJECTIVE DESCRIPTION: Build a strong stafewide volunteer capability to assist.
emergency.responders for all-hazards by June 2011.
ldentiffy ONE Strategic Category, ONE Target Capability and ONE Element in the Reg'ion
6 Homeland Security. Strategic Plan.that best represents the projecf:
,
STRATEGIC CATEGORY J
STRATEGIC CATEGORY DESCRIPTION: Citizen Preparedness
T'ARGET CAPABILITY 38
TARGET CAPABILITY DESCRIPTION: Citizen Corps ELEMENT
ELEMENT.DEFINITION: Equipment
UASI Projects: .
Identify ONE Goal and ONE Objective in the UASI Seattle-King County Urbah Area
Strate4v that best represents the project: GOAL GOAL DESCRIPTION:
OBJECTIVE
OBJECTIVE DESCRIPTION: ,
Page 14 of 38 -
A-4 PROJECT DESCRIPTION:
Describe your project using a maximum of two pages by answering ALL of the following
questions separately using complete sentenoes:
1. Provide a description of your project (who / what / where / when / why / how):
With funds received, equipment and supply support will be provided to all recognized
King County Citizen Corps teams, including CERT and Medical Reserve Corps. The
' King County Citizen Corps Sub-Committee Steering Committee allocated $25,000 to
provide recognized Citizen Corps programs within King County with equipment and
supplies (identified below). for'the purposes of this grant funding, qualifying programs
are defined as active programs which are properly registered on the national Citizen
Corps website. CERT programs must at a minimum teach the standard, 20 hour
curriculum. Approximately $10,000 has been allocated to CERT programs and
$15,000 to MedicaF Reserve Corps and other qualified prograrns.
Aubum Emergency Management will be the point of contact for this grant request.
2. What is the purpose of the project?
The purpose of the project is to provide supplies and equipment to established Citizen .
Corps programs in King County to assist intlieir continued operation. 3. What problem does,the project solve?
The problem this project solves is the lack of funding that currently exists in programs
throughout the county. Supplies and equipment are necessary to run Citizen Corps
programs and this grant, will provide necessary items vital to continuetl program
existence.
4. How does the project enhance local / regional homeland security and preparedness for
CBRNE / Terrorist / WMD incidents?
Coordinated by the Department of Homeland Security (DHS), Citizen Corps and its
programs are a component of the USA Freedom Corps that focuses on opportunities,
for people to participate in a range of ineasures to make their families, homes and
communities safer from the threats of terrorism, crime, and disasters of all kinds.
Citizen Corps also brings together a communiiy's first responders, firefighters,
emergency health ca,re providers, law enforeement, and emergency managers with its
volunteers.
5. What activities need to be completed to fin_ish the project? /f the project wiU be
imp/emented in phases, identify this c%ar/y and tie them to your time/ine in the
fol%wing section. .
a. Establish vendor(s) . ,
b. Distribute equipment selection lists to individual programs Page 15 of 38
l .
c. Purchase equipment d: Receiye and inyentory equipment e. Distribute equipment to King County jurisdictions pursuant to their requests.
6. What are the tangible results and / or deliverables of the project?
The tangible results of this project will be supplies and. equipment provided to
jurisdictional Gifizen Corps programs to support continued program operation.
,
7. How will the grant funds be used io support this project?
Grant funds will be used to support this project by purchasing equipment and supplies
` required to operate successful Citizen Corps pcograms and distributing those: items to
programs that need them.
;
Page 16 of 38 - •
,
A 5 PROJECT,TIMELINE:
Make a timeline that includes measura.ble a. ctivities for task completion and critical dates.
Project must be completed, and delivered prior to end date identified by KCOEM Granf
. Manager. Narrative Progress Reports are required to be submitted on a quarterly basis {or
; more fiequent/y if required by #he KCOEM Grants.Manage4. The dates for these reports
are January 15, April 15, July 15 and October 15. If your project startecl 1 month prior to a
namative progress reportdue date, you may wait until the following quarter or if your
' subgrant ends within 1 month of a namative progress report y_ou may submit with the final
invoice. Include in the timeline submission of invoices reimbursement requests to KCOEM
and the end of project report to KCOEM. /f yout project invo/ves purchase of equipment,
a//ow 3 months for equipment approva/ process to be comp/eted which wi// happen befoie
the contrdct is executea!
Estimated
Activity • p - • D.
(Month/Date[Year)
Gather program equipment and supply requests and purchase
e ui ment 03/31/2010
Submit narrative ro ress re ort. 03/31/2010
Invento and disfribute ui ment and su lies 06/20/2010 .
Submit narrative ro ress re ort 06/30/2010
End of Contract-AII documents, reports and bitlings submitted to 08/31/2010
KCOEM ~ Page 17 of 38
Exhibit B: BUDGET
' B-1 ALLOWABLE COSTS:
Using Appendix A- Authorized Program Expenditures of FFY08-HSGP Program Guidance.
& Application Kit identify the allowable cosfs that best represent this project:
, CBRNE
&2 . BUDGET SUMMARY:
Fill out the budget table using the correct budget category for your project expenses: .For
ALL item descriptions you MUST specify what the amount'is for using question 7, section
A,4 of ExhibifA. Budget Category
Fr ~Planning Training Exercise Equipment quipm25,000.00
sultant Fees $ - - $ $ . -
Salaries & Benefts
Overtime/Backfill $
_
Travel & Per Diem $
Goods & Services
Total Amount $ $ - $ - $ 25,000.00
. . , ol ll
• With the exception of Equipment and Salaries & Benefits, changes to budget of no
more than 10% are allowed without prior authorization from KCOEM. Any ctianges.to
Equipment and Salaries.& Benefits must have prior authorization from KCOEM
• Invoices submitted for reimbursement must not exceed total amount of award and must
complywith grant requirements.
Page 18 of 38
EXHIBIT C: Equipment Approval Request
Federal Fiscal Year 2008
State Homeland Securiiy Program - SHSP
Jurisdiction: King County
WMD Contract Number E09-178 A roval Date: TBD
Sub rantee Contract Number FFYO8-SHSP-CC-002 R uest Date: 01121/2010
item AEL Equipment E~L Item & Description EsYd Estimated Discipiine Related Project
No. Category Number Qty Cost (per WMD
Provide Hyper{ink to Item if Contract)
nusual
1 Personal Profection, Eye: Safety gfasses, King County
Protective 01ZA-03- safetygogg/es. Citizen Corps
Equipment EYEP Supplies &
Equipment
2 Hardhat: Hardhat. For use only
with a//oweble personal
01 ZA-06- protective ensemb/es or by
-
HHAT Citizen Corps personnel as part
of issued equipment. Only
hardhats certified as compliant
with ANS/ Z89.1 are allowable.
3 Equipment, Respirator,
Particulate, Disposable:
Respirator certffied by N/OSH
under 42 CFR 84 and c/assffied
01 AR-06- as one of nine types of filtering- _
DISP facepiece disposab/e particulate
respirators (N95, N99, N100;
R95, R99, R100, P95, P99,
P100).
4 012A-06- Vest: Safety/reflective vest.
VEST
5 CBRNE Signs: Restricted access and
Operational and caution waming signs, preprinted
Search and or fie/d printab/e, various co/ors,
Rescue 030E-03- sizes, and shapes. Includes
SIGN traffic cones and other free-
standing signage, as we11 as
mountab/e rtems.
6 Fire Extinguishers: C/ass ABC
030E404 fire extinguisher, multi-purpase,
EXAC handhe/d, 20 !b capacity. ~
7 Rope of varfous diameters,
lengths, and ratings used
030E-05- specifically for human rescue,
ROPE egress, hoist, or transport
(certified as compliant with NFPA
11983).
8 Kit, Tool, Miscellaneous, Non-
030E404- sparking: Non-sparking tool kit,
KTTL to include bung and spanner
wrenches and tool box.
Page 19 of 38
Item AEL Equipment AEL Item 8 Description Est'd Estimated Discipiine Related Project
No. Category N m er Qty Cost (per WMD
Provide HypeNink to Item if Contract)
nusual
9 CBRNE Tools, Hand: Manually operated
Operational and hand tools, cutting torches,
Search and exothermic torches, accessories
Rescue and aftachments for cutting, King Courrty
Equipment 03SR-02- prying, breaking, shoring, Citizen Corps
TLHN stabilizing, moving, app/ying or Supplies &
removing fasteners where Equipment
powered too/s are not
appropriate or safe to use.
10 Too/s, Structura/ Assessment,
Marking and Monitoring: Tools,
03SR-02- equipment, accessories and
MARK attachments for assessing, -
marking and monitoring
damaged strucfures and their
stabil' .
11 Medlcal Tags and Supplies, Triage:
Sing/e-use, disposable patient
09MS-01- marking devices for use during
TTAG multi-casualty triage ~
management.
12 Supplies, Moulage: Moulage
supplies include prosthefics,
09TR-01- makeup, and other materials
MKIT used to simulate woundsli'njuries ~
for training/exercise purposes.
73 Equipment, Training/Casualty
09TR-01- Simulation: Life-like human body
CSIM replicas that enable medical -
practitioners to train in various
scenarios.
14 09MS-04- Tape, Adhesive: Various size
TAPE adhesive medical ta e. v
15 Bandages and Dressings:
Variab/e size, disposab/e
09MS-04- bandages and dressing to treat _
BAND all types of soft tissue wounds.
Non-durab/e absorbent products.
16 Power Batteries, All Types, Sizes: ,
Batteries for all recommended
equipment. Types including, but
10BC-00- not limited to A/kaline, Nickel-
BATT Cadmium (Ni-CAD), Nidcel Metal -
Hydride (NiMH), Lithium (Li-lon).
Form factors such as A,4, AAA,
C and D cells, 9-Volt, Ciamshell.
17 CBRNE Bags/Packs: Carry bags or
Logistical wearab/e packs for storage and
Support 19GN-00- transportation of personal gear ^
Equipment BGPK and equipment, personal
protective equipment, and
miscellaneous ui ment.
Page 20 of 38
Item; AEL~Equipmenf AEL~ W ltem~8 D~cription '.Est'd°~ ^ Estimated ` Discipline,. Related P%ject..
No. Category Number - . Qty Cosf {per WMD
Providw.Hyperlink.to item if Contract)
18 Other Authorized Equipment, Citizen Corps:
Equipment not covered
elsewhere that re/ates to specific
training or volunteer assignments
for CERT, Neighborhood Watch,
V/PS, MRC, and Fire Corps.
Includes, but is not limited to, King County
21GN-00- whistles, badges, CCP patches, _ Citizen Corps
CCEQ program Gothing, vests, duct Supplies &
tape, cuttirrg devices, ponchos, Equipment
water purffication tablets, power
cords and strips, fire simulation
bum pans, triage tarps, and
barrier fape.
19 21GN-00- Equipment, Citizen Corps: CERT
CCE Kit as sold b vendor. ~
20 21GN-00- Equipment, Citizen Corps: CERT
CCE Manuals ~
21 21GN-00- Equipment, Citizen Corps: CERT
CCE Field Guides ~
22 21GN-00- Equipmerrt, Citizen Corps:
CCE Slee in Mats
• 23 Radio, Portable: Two Way
21GN-00- Radios, Family Radio Service
CCEtI (FRS) handheld radios for Citizen
Cor s volunteers
24 21 GN-00- 21 GN-00-SHIP,
SHIP Shi in :Shi in costs ~
25 21 GN-0O- 21 GN-00-STAX Sa/es Tax: Sa/es
STAX tax
Zs TOt81: FFY08 King County SHSP -
E ui ment
Jurisdiction Total: 25 000.00 -
Notes:
~
Page 21 of 38
EXHIBIT D DEPARTMENT QF EXECUTNE
SERVICES
Washington State Milifary Departrnent ~aK 1~ p009
CONTRACT FACE SHEET
1. Contractor Name 3nd Address: 2. Contract Amount: 3. Contract Number
King County Office of Emergency Management
3511 NE 2nd Street $4,623,486 R- ~EE)
Renton, WA 98056
4. Contradors Contact Person, phone number. 5. Contract Start Date: 6. Contract End Date:
Tony Lewis (206) 205-4069
Tonv.LewisDakingcountv.gov September 1, 2008 December 31, 2010
7. MD Program Manager/phone number: B. State Business License 9. UBI #(state revenue):
Krlstin Rarrros (253) 512-7483 NA 578-037-394-9
k.ramos@emd.wa.gov
10. Funding Autharity:
Washington State Mtlitary Department (Department) and the U.S. Deparlrnent of Homeland Security (DHS)
11. Funding Source Agreement # 12. Program Index & OBJ/SUB-OJ 13. CFDA # & TiUe: 14. TIN or SSN:
2008-GE T8-0038 783SU, 763SA, 783ST, 783SQ, 783SS, 783SD NZ 97.067 - SHSP 91-6001327
15. Service Distrids: 16. Service Area by Courrty(ies): 17. Women/Minority-Owned, State
' (BY LEG DIST): 1, 5, 11, 30 -34, 86, 37, 41; 43, 45-48 Certified?: X N/A ❑ NO
(BY CONG DIST): 7,8,9 Kin
' g County ❑ YES, OMWBE # -
18: Contract Classification: 19. Contraet Type (checIc all that apPlY):
❑ Personal Services ❑ Client Services X PublidLocal Gov't X ConVact 0 "Grant O Agreement..
❑ Collaborative Research ❑ AIE ❑ Other ❑ Intergovernmental (RCW 39:34) ❑ Interagency ,
20. Contractor Seledion Process: 21. Contractor Type (check aN that apply) `
X"To all who apply & qualify" ❑ Competitive Bidding O Private Organiza6on/lndividual 13 Fot-Profd
D Sole Source ❑ A/E RGW ❑ WA X Rublic Organiration/Jurisddion X Non-Proftt
O Filed w/OFM1 ❑ Advertised? 13YES ❑NO ❑ VENDOR X SUBRECIPIENT ❑ OTHER .
22. BRIEF DESCRIPTION: . '
The U.S. Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA) is provlding funds to
enhance the capabillty of state and local units of govemment to prevent, deter, respond to, and reccver'from
catastr+ophic and/or terrorist everrts #hrough the FFY08 Homeland Security Grant; Sfiate Homeland Security Prvgram:
This funding is being provided to address 'the unique exercise, training, planning, equipment, organlzation, and
management and administration needs of emergency responders.
IN WITNESS WHEREOF, the Department and CoMractor acknowledge and accept`the terms of this contract and attachments
hereto and have executed this contrad as of the date and year written below. Tfiis Contract Face Sheet; Speaal Tertns and
Conditions, General Terms and Condfions, Statement of Woric, and Budget govem the rights and obtigations of both parties to
this contract "
In the everrt of an inconsistency in this contract, unless otherwise provided herein, the inconsistency shall be resolved by .
giving precedence in the following order.
(a) Applicable Federal and State Statutes and Regulations ;
(b) Statement of Work `r(c) Special Terms and Conditlons ~y
(d) General Tertns and Conditions, and if attached, ;
(e) My other provis(ons of the contract incorporated by reference.
This contract contains all the terms and conditions agreed upon by the parties. . No other understandings, oral or otherwise,
regarding the subject matter of this contract shall'be deemed to exist or.to bind anyof the parrties hereto.
WHEREAS, the parties hereto have.executed this contract on the day and year last specfied below.
FOR THE DEPARTMENT: FOR THE CONTRACTOR:
- -c~n
gnature Date 63(gnature Date
ames M. Mullen, Director -James J: Buck, County Administrative Officer
Emergency Managemerit Division for
Washington State Military Department ,
APPROVED AS TO FORM: Kng County Office of Emergency Management
Sara J. Finlay (signature on file) 9/12/2007 ~ - ~
Assistant Attomey General
Farm 10l27/00 kdb
FEMA-HSGP-FFY 08 Page 1 of 17• ~ IGng County,,OEM ;i
Reissue - E09-178 a
Page 22 of 38 a .
8
EXHIBIT D
SPECIAL TERMS AND CONDITIONS
ARTICLE I COMPENSATION SCHEDULE:
This is a fixed price, reimbursement contract. Withirr the total' corrtract amount, travel, subcontrac#s, salaries
and wages, benefits, printing, equipment, and other goods and services or other budget categories will be
reimbursed on an actual cost basis unless otfierwise provided in this contract. Any, travel or subsistence
reimbursement allowed under the contract shall be paid in accordance with rates set pursuant to RCW
43.03.050 and RCW 43.03.060 as now existing or amended and in agreement with federal rates. Receipts
^ and/or 6acKup documenfation for anyapproved tiudget line items including travel related expenses that are
authorized under this contract must be maiMained by the Contractor and be made availa6le upon request by
the Military Department.
~
Cumulative ,changes to budget categories in excess of 10% of the contract award will not be reimbursed
without the prior written authorization from the Department. Budget categories are as specffied or defineri in
the budget sheet of the contract. ,
ARTICLE II REPORTS:
In addition to the reports as may. be required elsewhere in this contract, the Contractor shall prepare and
submit the following reports to the'Departriient's Key Personnel:
Financial #lCoaies Due Date
Invoices 1 Within 30 days.after the end of the period
in which the work: was performed.
lnvoices must be submitted no more often than monthly, but at least quarterly. Failure to submit invoices in a
timely manner will cause the Department to hotd all requests for equipment approval until invoices are
submitted.
Final Invoice 1 No laterthan 45 days following the
(shall not exceed overall contract amourrt) contract end date
Technical #/Coaies Due Date
Bi-Annual Strategy [mplementation Report Electronic January 15 and July 1S of each year - '
of the contract performance period
Bi-Annual Progress Report Etectronic January 15 and July 15 of each year
of the contract performance period
Close Out Report Electronic No laterthan 45 day following
the contract end date
NIMS Compliance Progress Reports Electronic September 30 of each year
of the contract pertormance period
Fallure to meet atl ofi the reporting and invoicing deadlines w'ill prohibit the Contractor from being reimbursed
and will prevent vetting of equipment requests while contract requirements are outstanding.
All contract work must end on the contract end date, including receipt of supplies and equipment; however, the
Contractor has up fo 45 days after the contract end date to submit all final reports, invoices, and/or
deliverables.
ARTICLE IIl KEY PERSONNEL:
The individuals listed below shall be considered key personnel. Any substitution must be made by written
notification to the Military Department.
CONTRACTOR: MIUTARY DEPARTMENT:
Jeff Bowers Sheryl Jardine
Assistant Director FiSGP Program Manager
Jeff.Bowers[ kinQCOUnty.gov s.iardine A_emd.wa.gov
(206) 205-4062 (253) 512-7469
FEMA-HSGP-FFY 08 Page 2 of 17 King County OEM
Page 23 of 38 R@ISSUB - E09-178 l
,
EXHIBIT D .
ARTICLE EV - ADMINISTRATIVE REQUIREMENTS:
The Contractar shall comply with ail financial and procurement guidance, induding campetitive processes and
other procurement requirements, to include but not limited to: Office of Management and Budget (OMB)
Circulars, A-87 (Cost Principles fot Sfate, local and Indian Tribal Govemments), A 102 .(Grants and
Cooperative Agreements with State and Local Govemments), A-122 (Cost Principles for Non-Profit
Organizations), A-133 (Audits of States, Local Govemments, and Non=Profit Organizations), The federal
Emergency Management Agency's codified regulations, 44 Code of Federal Regulations (CFR), and the U.S.
Department of Homeland Security's Financial Mana4ement Guide. Local and state procurement and
conti-acting regulatians take precedence over these requirements when local and state, regulations are more
stringent.
ARTICLE V- ADDITIONAL SPECIAL CONDRIONS AND MODIFICATION TO GENERAL CONDITIONS:
1. Funds ane provided by the U.S. Departmenfof Homeland Security (DHS), Federal Emergency Management
Agency (FEMA) solely for the purpose of enhancing the capability of state and local units of govemmeliit to
prepare for, prevent, deter, respond to; and recover from catasfrophic incidents resulting from man-rriade
and natural events. The Contractor shall use the funds to perForm tasks as described in the Stateme~t of
Work and Budget portions of this contiact.
2. Grant funds may not be used to replace or:supplant existing funding.
3. The Contractor will provide a match of $0 of non federal origin..
4. The Contractor acknowledges that since this contract involves federal funding, the period of performance
described herein wi11 likely begin prioc to the availability of appropriated federal funds. The Contractor
agrees that.it will not hold the Department, the State of Washington, or the United States liable for any
damages, claim for reimbursement, or any type of payment whatsoever for services pertormed under this
contract prior to distribufion of appropriated federal funds.
5. The Contractor agrees that it will nof hold the Department, the State of Washington, or the United States
liable for any damages, claim for reimbursement or any type of payment if federal funds are, not
appropriated or are not appropriated in a particular amount.
~
6. The Contractor agrees that to receive . any federal ; preparedness funding, afl National Incldent
Management System (NIMS) corripliance requirements outlined in applicable grant guidanoe must be pet.
ARTICLE VI -PROCUREAAENT AND FINANCIAL ANANAGEMENT: f'~=
1. All sole source contracts over $100,000 must be reviewed and approved by the Department priq,r to `
execution of a contract This requirement must be passed on to all of the Contractors subcontracto~, at
which point the Contractor will be responsible for reviewing and approving their subcontractors' sole
source justificafions. 2. All contracts with individual consultants that are not competitively bid, and where the consultant will be
charging an excess of $450 per day (excluding travel and subsistence) must be approved by the
Department before the oontract is executed. This requirement must be passed on to all of the
Contractoes subconfractors, at which point the Contractor will be responsible for reviewing and approving
their subcontractors' contract.
3. No costs will be reimbursed in advance of their being incurred by the Contractor.
4. No costs will be reimbursed until the items have been received by the Contractor and invoiced by the
vendor.
5. Each A-19 will be accompanied by a spreadsheet detailing the expenditures. Related financial documents
and invoices must be kept on -file by the Contractor and be made available upon request ta; the
Department, and local, state, or federal auditors. 6. Requests for reimbursement of equipment purchases will include a copy of the vendor's invoice~and
packing slia or a statement signed and dated by the Contractoi's authorized representative that states.°all
items invoioed have been received in good working order; are operational, and haye been inventpned
according to contract and local procurement requirements°: ~i,;
7. No travel or subsistence costs, including lodging and meals, reimbursed with federal funds may exWed
federal maximum rates which can be found at.h6:/ANww._qsa.Qov.
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EXHIBIT D
ARTICLE VII - EQUIPMENT MANAGEMENT:
1. The Contractor or a Subcorrtractor shall su~bmit aIF proposed equipment purchases to the Committea on
Homeland Security; Subcommittee on Equipment to ensure #hat the requested equipment is orti::the
-
Authorized Equipment List, is aligned with the statewide equipment purchasing strategy, and meetp; all
, statewide interoperability and standarrlization requirements. No reimbursement for equipment costs::?uvill
occur until the appropriate approvals have been obtained.
2. The Contractor or Subcontracfoc shall.ensure full compliance with FEMA's Environmental and Historic
Presenration (EHP) Program requirements as outlined in the applicable grant guidance
3. All equipment purchased under this contract, by the Contractor or a subcontractor, will be recorded and
maintained in the Contractor's equipment inventory system, unless specific de-obligated funds are
contracted directly between a county, or other entity, and the State; in which case the contracted county
maintains the equipment records.
4. Upon successful completion of fhe terms of this contract, all equipment purchased through this contract
will be owned by the Contractor; or a recognized subcontractor/subgrantee for which a contract, subgrant
agreement, or other means of legal transfer of ownership'is in place. '
5. The Contractor; or`a recognized subcontractor/subgrantee, shall be responsble for any and all operation
and maintenance expen5es and for the safe operation of their equipment induding all questions of liabjlity.
6. The Contractor shall maintain equipment records that include: a descxiption of' the equipment;jthe
manufacturer's serial number, model number, or other identfflcation number; the source ofithe equiprXyint,
including the Catalogue of Federal Domesfic Assistance (CFDA) number; who holds title; the acquia.ion
date; the oost of the equipment and fhe peroerrtage ofi Federal participation in the cost; the locationriuse
and condition of the equipment at the date the informafion was reported; and disposition data induding::the
date of disposal and sale.price of the. equipment.
7. Records for equipment shall be retained by the Contractor for a period of six years from the date of the
disposition, replacement or transfer. If any litigation, claim, or audif:is started before the expirafion of the
six year period, the records shall be retained by the Contractor until all 'litigations, claims, or audit findings
involving the records have been resolved. •
8. For the purpose of inventory and disposal of equipment purchased under this contract the 44 CFR Section
13.3 definition of equipment vvfll be used. It defines equipment as a tangible, nonexpendable, personal
property having a useful life of more than one year and an acquisfion cost of $5,000 or more per unit.
This definition will be used for equipment purchased with contract funds, unless local or state reguiations
are more restrictive. 9. The Confractor shall take a physical inventory of the equipment and reconcile the results witWthe
equipment records atieast once every two years. Any differences between guantities determined by?l-the
physical inspection and those shown in the records shall be investigated by the Contractor to deteroine
the cause of the difference. The Contractor shall, in corinecfion with the inventory, verify the existe'pce,
current utilization, and oontinued need for the equipmeM.
10. The Contractor shall develop a control system to ens_ure adequate safeguards to prevent loss, damage,
unauthorized use and theft of equipment, to include small and attractive items. Any loss, damage or:theft
shall be investigated and a report generated. .
11. The Contractor w'ill develop adequate mainfienance procedures to keep the equipment in good cond'Rion.
12. Ifi the Contractor is authorized or required to sell the equipment, proper sales procedures must be
established to ensure the highest possible retum.
13. When original or replacement equipment is no longer needed for the original project or program or for
other activities currently or previously supported by a Federal agency, disposition of the equipment will be
made as follows:
a. Items of equipment with a current per-unit fair market value of less than $5,000 may be retained, sold
or otherwise disposed of by the Contractor with no furtherobligafion to the awarding agency.
b. Items of'equipment with,a current per-unit fair market value of more than $5,000 may be retained or
sold and the Contractor shall compensate the Federal-sponsoring agency for its share. .s
;
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. Ti.: . 14. Equipment purchased with funds from DHS grant programs should be marked with "Purchased with fu~M~s
provitled' by the U.S. Deparfinent of Homeland Security° whenever,possible.
. . - . - `.`3
15; As subgrantees of federal funds, the Contractor must pass on equipment management requirements P af
meet orexceed fhe requirements outGned above for all subcontractors, consultants, and subgrantees who
receive pass-through funding from fhis contract.
ARTICLE VII1- SUBRECIPIENT MONITORING
- -
Tlie Department will monitor the activities and equipment acquisitivn of'the Contractor from award to doseout
and for the life of equipment: purchased under this contract. The goal of the Department's monitoring activities
will be to ensure that agencies receiving federal pass-through funds are in compliance with federal and state
audit requirements, federal grant guidance, and applicable federal and state financial regulations.
Monitoring acti4ities may indude: . ,
• review of perFormance reports and docuinentation of oorrtract deliverables complefion;
• documerrtafion of phone calls, meetings; e-mails and correspondence;
e review of reimbursement requests to ensure allowability and consistency with contract budget'~and
contract deliverables;
• observation and documentation of oontract related activities, such as planning, exercises, traiining,
funded events and equipment demonstrations; ~
• on-site visits to. review equipment records and inventqries, to verify source documenfiation"' for
reimbursement requests a,nd perFormanoe reports, and to verify completion ofdeliverables.
As a subgrantee of federal funds, the Contractor is required to meef or exoeed the rnonitoring activities, as
outlined above, for all subcontractors, consultants, and subgrantees who receive pass-through funding from
this cantract.
FEMA-HSGP-FFY 08 Page 5 of 17 FGng 6ourity°bEM
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EXHIBIT D
Exhibit A
Subrecipient
Washington Military Departrnent
GENERAL TERMS AND CONDITIONS
1. DEFINITION$
As used throughout this contract, the following terms shall have the meaning set forth below:
a. "Departrnent" shall mean the Washington Military Department, as a state agency, any division,
section, offce, unit or other en(dty of the Department, or any of the officers or other offi6als
lawfully representing that Department. ,
b. "Contractor" shall mean that firm, organization, group,. individual, or other entity pertorming
services under this contrac#, and shall include all employees of the Corrtractor. If shall indude
any subcontractor retained by the prime Contractor as permitted under the terms of this
contract "Contrador" shall be further defined as one or the other of the following and so
indicated on facs sheet of the contract.
1) "Subreciplent' shall mean a contractor that operates a federal or state assistance
program for which it receives federal funds and which has the authority to determine
both.the senrices rendered and disposition of programfunds. ,
2) "Vendor." shall mean a contractorthat agrees to provide the amount and kind of ser',vice
or activity requested by the Department and that agrees to provide goods or services to
be utilized by the Department
c. "Subcontractor' - shall mean one, not in the employment of the Contractor, who is performing all
or part of those services under tfiis contract under a separate oontract with the Contrador.''The
terms "subcontractor" and "subcontractors" mean suboontractor(s) in any tier. .
d. "RecipienY"- a nonfederal entity that expends federal awards received diredly from a feci'eral
awarding agency to carry out a federal program. -
e. . "Pass-Through Entity" means .the Washington State Military Department as it is applied to this contract. As found in SAAM 50:30.30 -°A nonfederal entity that provides a federal award to a
subrecipient to carry out a federal,program.°
f. "Nonfederal Entity" is tlefned'as a state local govemment or nonprofit organization (as
defined in federal Gircular A-133). g. "Cognizant, State Agency" shall mean a state agency that has assumed the responsibiliiy of
implementing single audit requirements and coordinating audit follow-up for a particular grantee
by virtue of providing the majority of federal assistance. If fund5 are reoeived from more than
.
one state agency, :the cognizant state agency shal_I be the agency who contributes the larqest
portion of federal fnancial assistance to the subrecipient unless the designation has E3een
reassigned to a different state agency by mutual agreement K,
h. "Federal ffnancial Assistance" - Assistance that nonfederal eniities receive or administer in
the form of grants, loans, loan guarantees, property (induding donated surplus propft),
cooperative agreements, interest subsidies, insurance, food commodities, dired appropriat'bns
or other assistance. It does not include amounts received for provision of vendor senrices to
, federal'agencies or reimbursement for services rendered direcctlly to individuals. R
i. "Grant" - For the purposes Fierein, the term °grant° may be used to mean °contracts" or "grants"
or "agreements".
j. °CFDA Number" - The fiye-digit, number, assigned to a federal assistance program in the
federal Catalog.of Federal Domestic Assistanoe (CFDA) or, in the absence of a catalog defined
number, the number defined by instructions from the federal audit clearinghouse.
k °CFR' - Code of Federal Regulations
1. °OAAB" - Office of Management and Budgef
M. °RCW" - Revised Code of WaShington
n "WAC" - Washington Ad'ministrative Code. -
`.A
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EXHIBIT D .
,
2. SUBRECIPIENT MONITORING r'
,
a. The Department, as a Recipient and/or Pass-Through Entity, receives federal fnanciiiI
assistance under federal programs and is charged with maintaining compliance with feder.al
and state laws and regulations regarding the monitoring,.documentation, and monitoring of subrecipient grant activities using federal financial assistance. Management and
implementation guidelines for the federal programs ensure compliance with statutes, grant
guidelines, the sub-award agreement, Office of :Management and Budget (OMB) circulars
(including OMB Circular A T33); subrecipient audits; and other guidance found in the federal
, Register. The Departmenf shall adhere to its Subrecipient Monitoring Policy {Finanee Policv
02-006-06) and the Subrecipient Monitoring Procedures (Finance Procedure 02=006-061.
b. The Contractor sha[I, perForm under the teRns of the contract and the Department has
responsibility for reasonable and necessarymonitoring af the CQntractor's pertormance. The
' Department shall conduct contract monitoring adtivities on a regular basis: Monitoring is defi,ned
as any planned, ongoing; oc periodic activity that measures and reasonable assurance ot
cont►actor compfrance with the terms, conditions, and requirements of,a contract.
Monitoring involves prudent collection of information about Contractor operations and is.;.not .
limited to site visits or tfie completion of forrnal reviews. Monitoring may include periodic ;
contractor reporting to the Department, Department review of audit reports, invoice reviews,
onsite reviews and obseniat'rons, and surveys. Adequate documerrtation is essentiaWfor effective contract monitoring and will include':copies of letters, meeting notes, and recor4 of
phone conversations as evidence that conscientious monitoring has occurred during the pOiiod
of the contract. Subrecipient monitoring will accur throughout the year rather than relying sdlely.
on a once-a-year audit. The Contractor agrees to coopewate with ap monitoring activities and to
comply with reporting requiremeMs.
The Department as the Reapient and/or Pass-Through Entity will conduct on-site visits as
appropriate and required by contract for "For-profit" subrecipients, since the A-133 Single
Audit does not apply to "for-profif" organizations.
3. RECORDS, MONITORINGAND AUDIT ACCESS
a. Tfie Contractor shall cooperate with and fully participate in all monitoring or evaluation activities
that are pertinent to this contract.
b. Access to -public records-The Contractar acknowledges that the Department is subject to:,the
Public Recorcis Act, Chapter 42.56 RCW, and that records prepared, owned, used or retafhed
by the Departmenf retafing to the condud ; of .govemment . or the performance of `'any
govemmental or proprietary function are available for public inspedion and copying, exceo, as
exempt under RCW 42.56 or other statute which exempts or prohibits disclosure of sp~eific
information or reoords. ~
C. The Contractor shall maintain all books, records, documents, data, and other evidence rel4ting
to this contract,and the„provision of any materials, supplies, service s and/or equipment uiqder
this contract herein, including, but not limited ta, records of accourrting procedures and practices
that sufficiently and. properiy reflect all direct and indirecf costs of any nature expended in the
pertormance of this confract: At no additional oost, fhese records, including materials generated
under the oontract, shall tie subject at alt reasonable times to inspection, review and audit by
personnel duly authorized :by the Department, the Washington State Auditor's Office, and
federal officials so authorized by law, rule, regulation, or contract. The Contractor will reta"tn all
books, records, documents, and other materials relevant to this contract and make them
available for inspection, review or aud'R for six (6) years from the end date of this contract, date
of final payment or conclusion of services perFormed under this confractor, whichever is later. If
any litigation, claim or audit is staited before the expiration of the six (6) year period, the records
, shall be retained until final resolution of all litigafion, claims, or audit fndings involvin~:'the
records.
-
I~J
FEAAA-HSGP-FFY 08 ' Page 7 of 17 IGng County;~OEM
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EXHIBIT D
d. Contractor shail provide right of access to its facilities and records to the Department and any
. other authorized agent or official of the state of Washington or the federal govemment, gt all
reasonable times, in order to monitor and evaluate pertormance, compliance, and/or quhlity
assurance under this contract.
4. SINGLE AUDIT ACT REQUIREMENTS (INCLUDING ALL AMENDMENTS)
Non-federal entities as subreapients that expend $500,000 or more in one fscal yeac of federal f~'~ds
from all sources, direct and indirect, are required to have a single or a program-specific audit condu~ted
in accordance with the Office of Management and Budget (OMB) Circular A-133-Audits ofi States, Lqcal
Govemments, and Non-Profd Organizations (revised June 27, 2003, effective for fscal years enoing
aftec December 31, 2003). Non-federal entities that spend less than $500,000 a year in federal awards
are exempt from federal audit requirements for that year; except as noted in Gircular No. A 133.
Circular A-133 is available on the OMB Home Page at http://www.omb.gov and then select "Grants
ManagemenY' followed by "Circulars". _
Contractors required to have an audit must ensure the audit is performed in accordance with Generally '
Accepted Auditing Standards (GAAS) as found in the Govemment Audfing Standards (the Revised
Yellow Book) developed by the Comptroller General and the OMB Comptiance Supplement. The
Contractor has the responsibil'rty of notifying the Washington State Auditor's OfFice and requesting an
audit. Costs of the audit may be an allowabte grant expenditure:
~
The Contractor shaU maintain audifa6le records and accounts so as to faalitate the audit requirement
and shall ensure that any subcantractors also maintain auditable records.
The Corrtractor is responsible for any audit exceptions incurred by its own organization or that of its
subcontractors. Responses to any unresolved managemerrt findings and disallowed or questi °i~ed
costs shall be included with the audit report The Contractor must respond to Department reque ~~for
infonnation or corrective action conceming audit issues or fndings within 30 days of the da ; of
request. The Department reserves the right to recover from the Contractor all disallowed ~aosts
resulting from the audit.
~
Once the single audit has been completed, the Contractor must send a full copy of the audit to the
Department and a letter stating there were no findings, or ifi there were findings, the letter should
provide a list of the findings. The Contractor must send the audit and the letter no later than nine (9)
months after the end of the ConVactor's fiscal year(s) to:
Accounting Managec
Washington Military Departrnent
Finance Division,'Building #1 TA-20
Camp Murray, WA 98430-5032
In addition to sending a copy of the audit, the Contractor must include a corrective action plan for.any
audit fndings and a copy of the management letter if one was received.
The Contractor shall include the above audit requirements in any subcontracts. ~i
5. RECAPTURE PROVISIONS
In the event that the Contractor fails:to expend funds under this eontract in acxordance with applible
state and federal laws and/or the provi"sions of this contract, the Department reserves the rigwt to
recapture funds in an amount equivalent to the extent ofi the noncompliance in addition to any p~her
remedies available at law or in equity. ~Such right of recapture shafl exist for a period not to exceed six (6) yearsfollowing contrad terminatian
or audit resolution, whichever is later, Repayment by the. Gontractor of.funds under this recapture ,
provision shall occur within 30 days of demand. The Department is required to institute legal
proceedings to, enforce the recapture provision.
6. COMPLIANCE WITH APPLICABLE LAW
The Contractor and afl subcontractors shall comply with all applicable federal, state, tribal govemment,
and local laws, regulations, and'policies.
FEMA-HSGP-FFY 08 Page 8 of 17 FGng CourdiOEM
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EXHIBIT D
This obligation includes, but is not limited to, compliance with Ethics in Public Service (RCW 42~52);
Covenant Against Contingent Fees (48 C.F.R. § 52.203-5); Public Records Act (RCW 42.56); E%'g=
Free Workplace Act of 1988 (41 U.S.C. § 701 et seq. and 15 C.F.R. Part 29); Lobbying Restrictiond,139
U.S.C. § 1352 and 15 C.F.R. Part28); and safety and health regulations. The Department is.wnot.
responsible for advising the Contractor about, or determining the Coniractor's compliance with,
applicable laws, regulations and policies:
In the event of the Contractoes or a subcontractoes noncompliance or refusal to comply with any
applicable law, regulation or policy, the ;Department may rescind, cancel, or terminate the contract in
whole or ~in part. The Contractor is responsible for any and all costs or liability arising from the
Contractor's failure to comply with applicable law, regulafion ,or policy.
7. NONDISCRIMINATION ~
During the pertormance of this contract, the Contractor shall comply with all federal and state
nondiscrimination statutes and regulations. These requirements indude, but arenot limited to:
~
a. Nondiscrimination in Employment The Contractor sfiall not discriminate against any emplqyee
or applicant for employment.because of raoe, color, sex, sexual orientation, religion, national
origin, creed, marital status, age, Vietnam era or disabled veterans .status, or the presence of
any sensory, mental, or physical handicap. SuGi action shall inGude, but not be limited ta;' the
following: Employment, upgtading, demation, or transfer, recruitment or recruitment sel on
for training, induding apprenticeships and volunteers. This requirement does not a. ty,
however, to a retigious corporation, association, educafional institution or society with respe~to
the empbyment 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.
b. Nondiscrimination laws and- policies (such as RCW 49.60, Washington's Law Against
Discrimination, and Title Vll of tlie Civil Rights Aef).
8. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 107.-336, 42'U.S.G.,§ 12101
et seq. and 28 G.F.R. Part 35 and other implementing regulations. The Contractor must comply with the
ADA, which provides comprehensive civil rights protection to. individuals with disabil'rties in the areas of
employment,, public acxommodations, state and local govemment services, and telecomrriunication.
,
9. UTILIZATION OF MINORII'Y AND WQMEN BUSINESS ENTERPRISES (NNVBE)
The Corrtractor is encouraged to utilize firms that are cerfified, by the Washington State Office ofi
Minority and Women's Business Enterprises as minority-owned and/or women-0wned in carryinout
the purposes of this confract
10. PUBUCRY
The Contractor agrees to submit to the Department all advertising and publicity relating to this con~act
wherein the DepartmenYs name is menfioned or language usecJ from which the connection o~ the
Department's name may, in the Department's judgment, be inferred or implied: The Contractor ag`~eees
not to publish or use such advertising and publicity without the prior written consent of the Department
11. DISCLOSURE
The use or disclosure by any party of any information conceining the Department for any purpose, not
directly connected with the administration of.the Department's or the Contractor's responsibilifies with
resped to senrices provided under this contract is prohibited except by prior written consent of the
Departmerrt.
12. CERTIFICATION REGARDING DEBARMENT SUSPENSION OR INELIGIBILITY
tf federal funds are the basis for this corttract; the Contractor cettifies that neither the Contrador nor its
principals are presently ' debarred, 5uspended, proposed for debarment, declared ineligible, or
volunfarily excluded from participating in this contract by any federal department or agency. If
requested by the Department, the Corrtractor shall complete and sign a Cert'rfication Regahing
Debarment, Suspension, Ineligibility, and Voluntary Exclusion form. Any such form completed bjrthe
Contractor for this Contract shall be mco.rporated into this.Contract by reference.
FEMA-HSGP-FFY 08 Page 9 of 17 IGng Countyg4~EM
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EXHIBIT D
Further, the Contwactor agrees not to enter into any arrangements or contracts related to this grant wifh
any party that is on t{ie "General Service Administration List of Parties Excluded from Fe6ral
Procurement or.Non-procurement Program5" which can,be found at www.eals.qov. , y;
13. LIMITATION OF AUTHORITY -"Authorized Signature"
The signatories to this contract represent that they have the aufhority to bind their respe~ive
organizations to this oontract. Only the assigned Authorized Signature for each party, or the assiqped
delegate by writing prior to acdon, shall have the express, implied, or apparenf authority to gier,
amend, modify, oc waive any clause or condition of this contrad. Furthermore, any. alterat_ n,
amendment, modfication, or waiver of any clause or condition of this confract is not effective or binding
unless made in writing and signed by the Authorized Signature(s).
14. CONTRACTOR NOT EMPLOYEE -1NDEPENDENT STATUS OF CONTRACTOR
The parties intend that an independent contractor relationship will be created by this contract. The
Contractor and/or employees or agents performing under this contract are not employees or agents of the Departmerrt in any manner whatsoever, and will nof be. presented as nor claim to be officsrs or
employees of the Department or of the State of Washington by reason hereof, nor will the Contractor
and/or employees or agents performing under tfiis contract r►make any claim, demand, or application to
or for any right, privilege or benefd applicable to an offcer or employee of the Department or of.the
State of Washington, including, but not limited to, Workers Gompensation coverage, unemployment
insurance benefds, social security benefits, retiremerrt membership or credit, or privilege or be~iefit
which would accrue to a civil senrice employee under Chapter 41.06 RCW.
It is understood that if the Contractor is another state department, state agency, state university, state
college, state community college, state board, or state commission, fhat the officers and employeeeJ-hre
employed by the state of Washington in their own right.
lf the Contractor is an individual currently employed by a Washington State agency, the Deparo~ent
shall obtain proper approval from the employing agency or institution. A statement of "no confli~t of
interest" shall be subm'itted to the Department.
15. NONASSIGNABILITY
This contract, the work to be provided under this contract; and any claim arising thereunder, are not
assignable or delegable by eithec. party in_whole or in part, without the express prior written consent of
the other party, which consent shall not be unreasonably withheld.
16. SUBCONTRACTING -
Neither the Cvntrador nor any subcontractor shall_ enter into subcontracts #or any of the work
contemplated under this contract without obtaining prior written approval of the Department. Contractor
shall use a competitive process in award of any contracts witfi subcontractors that are entered into ;3fter
original contract award. All subcontracts entered into pursuanf to this contract shaU incorporat6this
contract in full by reference. In no event shall the existence of the subcontract operate to release or
reduce the liability of -the Contractor to the Departrnent for any breach inr the performance of;the
Contractor's duties. The MilitaryDepartment may tequest a copy of any and/or all subcontractW,,for
work being completed under this contrad.
17. CONTRACT AAODIFICATIONS
, The Department and the Contractor rrray, from fime to time, request changes to the contract or g$nt.
. Any such changes that are mutually agreed upon by the Department and the Contractor shaW be
incorporated herein by written amendment to this contract. It is mutuaUy agreed and understood that
no alteration or variation of the tertns of tfiis contract shall be valid unless made in writing and signed by
the parties hereto, and that any oral understanding or agreements not incorporated herein, unless
made in writing and signed by the'parties hereto, shall not be binding.
18. SEVERABILITY
In the event any term or condition of this contrac#, any provision. of any document incorporatad by
reference, or apptication of this contract to any person or circumstances is held invalid, such invalidity
shall not affect other terms, conditians, or applications of this contract which can be given effect without
the invalid term, condition, or application. To this end, the terms and canditions of this contract are
declared severable.
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EXHIBIT D
19. ADVANCE PAYMENTS PROHIBITED
_ _
The Department shall make no payments in advance or -in anticipation of goods or services td: be
provided under this contract. Contractor shall not invoice the Department in advance of delivery of such
goods or services.
20. TAXES, FEES AND UCENSES
Unless otherwise provided in this contract, the Confractor shail pay for and mainYain in current status all
taxes, unemployment contributions, fees, licenses, assessments, permit charges and expenses of°13ny
other kind for the Contractor or its staff required by statute or regulation that are necessary for contract
performance. ~
- 21. TRAVEL AND SUBSISTENCE REIMBURSEMENT
Unless the contract specifically provides for different; rates, any travel or subsistence reimbursement
allowed under the contrad shall be paid In accordance with rates set pursuant fo RCW 43.03.050 and
RCW 43.01060 as now existing or amended., The Contractor may be required to provide to the
Departmenf copies of receipts for any travel related expenses other than meals and mileage {example:
par(ing lots that do not provide receipts) that are authorized under this contrad: .
22. GOVERNING LAW AND VENUE
This contract shall be construed and enforoed in accordance. with; and the validity and pertormdnce
hereof shall be govemed by, the- laws of the state, of 1Nashington. Venue of any suit betweer~~the
parties arising out.of this contract shall be the Superior Court of Thu►ston County, Washington.
a~
23. HOLD HARMLESS AND INDEMNIFICATION
Each party to this contract shall be responsible for injury to persons or damage to property resu1ting
from negligence on the part of itself, its employees, agents, officers, or subcorrtractors. Neither ' rty
assumes any responsibility to the other party for the consequences of any act or omission of any%, ird
partY•
24. WAIVER OF DEFAULT
Waiver af any default or breach shall not be deemed to be a waiverof any other or subsequent defauft
or brearh. Any waiver shall not be construed to be a modification of the terms of this contract unless
stated to be such in writing signed by The Adjutant General or the Authorized Signature fot the
Department and attached to the original c:ontract.
25. DISPUTES The parties shall make every effort to resolve disputes arising out of or relating to this contract through
discussion and negotiation. Should discussion and negotiation fail to resolve a dispute arising under
this contract, the parties shall select a dispute resotution team to resolve the dispute. The team shall
consist of a representative appointed by each party and a third representative mutually agreed up~ia by
both parties. The team shall:attempt, by majority vote, :to resolve the dispute.
Both parties agree that this disputes process shall precede any adion in a judicial or quasi-juaicial
tribunal. Nothing in this section shall predude the partiesfirom mutually agreeing to a different disPute
resolution method in lieu ofthe procedure outlined above. W,
26. ATTORNEY'S FEES `
In the event of Ifiga6on or other acfion braught to eriforce, contract ter►ns, or altemative dis~pute resolution process, each party agrees to bear its own.attomey's fees and costs.
27. LOSS OR REDUCTION OF FUNDING
In the event funding from state, federal; or other sources is withdrawn, reduced, or limited in any way
after the effedive date of this corrtract and prior to normal completion, the Department may reduce its
scope of work and budget or unilatera[ly terminate all or part of the contract as a"Termination for
Cause°, without providing the ContracEor an opportunity to cure. Altemafively, the parties may
renegotiate the terms of this contract under "Contract Modficationsp to comply with new funding
limitations and conditions, although the Department has no obligation to do so.
FEMA-HSGP-FFY 08 Page 91 of 17 FGng CountXt)EM Reissue - E0t178
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EXHIBIT D
28. TERMINATION OR SUSPENSION FOR CAUSE
!n the event the Departmerrt, in its sole discretion, determines the Contractor has failed to fuifill in a
timely and proper manner its obligations under this contract, i5 in an unsound financial condition so as
to endanger performance hereunder, is in violation of any laws or regulations that renderthe Contractor
unable to perform any asped of the contract, or has yiolated any of the covenarrts, agreement,g or '
stipulations of this contract, the Department has the right to immediately suspend or terminate,:~#his
contract in whole or in part.
The Department may notify the Contractor in writing of the need to take corrective action and provid,e a
period of time in which to cure. The Department is not required to allow the Contrador an opportuhity
to cure if it is not feasible as deter'mined solely'within the DepartmenYs discxetion. Any time allowed for .
cure shall not diminish or eliminate ttie Confractor's liability for damages or otherwise aifect any other
remedies availa6te to the Department If the Department allows the Contractor an opportunity to cure,
the Department shall nptify the Contractor in writing of the need to take corrective action. If the
corrective action is not taken within ten (10) calendar days or as othenivise spedfied by the Department,
or if such corrective action is deemed by the Departmervt to be insufficient, the contract may be
terminated in whole or in part.
The Department reserves the right to suspend all or part of the contract, withhold further payments, or
prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged
compliance breach, pending corrective a"cfion by the ContracEar, if allowed, or pending a decision b'the .
Department to terminate the contract in whole or in part. ~c•
In the event of termination, the Contractor shall be liable for all damages as authorized by law, induding
but not limited to, any cost difference between the original contract and the replacement or Opver
contract and all adminisirative costs directly related to the replacement contrad, e.g., oos#' of
' administering the competitive solicitation process, maiting, adverfising and other associated- staff t~rne.
The rights and remedies of the Deparfinentprovided for in this section shall notbe exctusive and ate in
addition to any other rights and remedie's provided by law. ~
If it is determined that the Contractor. (1) was not in default or material breach, oc (2) failure to perform
was outside of tHe Contractor's control, fault or negligence, the termination shall be deemed to be a
'Termination for Convenience°.
29. TERMINATION FOR CONVENIENCE
Notwithstanding any proVisions of tiiis contract, the Contractor may terminate this contract by providing
written notioe of such termination to the DepartmenYs Key Personnel identffied in the contract,
specifying the effective date thereof; at least thirty (30) days prior to such date. ~
Except as otherwise provicled in this contract, the Department, in its sole discretion and in the;:best
interests of the State of. Washington, may 4erminate this contracf in whole or in part by providin:ten
(10) calendar days written notice, beginning on the second day after mailing to the Contractor. li~on
notice of termination for convenience, the Department reserves the right to suspend all or part af'the
contract, withhold further payments, or prohibiti the Contractor fmm incurring additional obligatiosb of
funds. In the event of termination, the Contractor shall be liable for all damages as authorized boaw.
The rights and remedies of the Department provided for in this section shall not be exdusive and aaie in
addition to any other rights and remedies provided by law.
30. TERMINATION PROCEDURES
!n addition to the procedures set #orth below, if the Department terminates this contract, the Contractor ~
shall foUow any proeedures specfied in the terminaUon notice. Upon termination of this contract and. in
addition to any other rights provided'in this contract, the Department_may require the Contractorto
deliver #o the Department any property specfically produced or acquired for the performance of such
part of this contract as has been terminated..
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tJ~Y . . .
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EXHIBIT D
If the termination is for oonvenience, the Department shall pay to the Contractor the agreed upon pnce,
if separately stated, for. properly authorized and completed work and senrices rendered or goods
delivered to and accepted by the Department prior to the effective date of contracf termination, anAhe
amount agreed upon by the Contractor ;and the Departmerrt for (i) completed work and services arid/or
equipment or supplies provided for which no separate price is stated, (ii) partially vompleted worktnd
services and/or equipment or supplies provided which are accepted by the Department; (iii) other work,
services and/o'r equipment or supplies'which are accepted by the Department, and (iv) the protection
and presenration of property.
Failure. to agree with such, amounts shall be a dispute within the meaning 'of the "Disputes" clause of this contract. If tFie termination, is for cause; the Department shall determine the extent of the liabiliiy of
the Department The Department shall have no other obligation to the Contractor for termination. TiThe
Departmerrt may withhold from any amounts due the Contractor such sum as the Department
deberrnines to be necessary to protect the Depattment against potential loss or liabitity.
The rights and remedies of the Departmenf provided in this contracf shall not be exclusive and are in
addition to any other rights and remedie5 provided by law. . •
After receipt of a notice of termination, and exoepf as otherwise direded by the Department in wnting,
the Contractor shalL- ~
. ,
a. Stop work under the contract on the date, and to the extent specified, in the notice;
b. Place no further orders or subcontracts for materials; senrices, supplies, equipment ar~/or
facilities in relation to this contract except as may be necessary for complefion of such portic'~~'i of
the work underthe contract as is not terminated; "
c. Assign to. the Department, * in the manner, at the times, and to the extent :directed by the
Department, all of the rights, title, and interest of the Contractor under the orders and
subcontracts so. terminated, in which case the Department has the right, at its discretion, to
settle or pay any or all claims arising out of the termination of such orders and subcontracts;
d. Settle all outstanding liabifrties and all daims arising out of such termination of orders and
suboontracts, with the approval or ratification of the Department to the extent the Department -
may require, which approval or ratification shall be.final for all the purposes of this clause;
e. Transfer tiUe to the Department and deliver in the manner, at the times, and to the extent
directed by the Department any properfy which, if the contracf had been completed, would have
been required to be fumished t.o the Departmerrt; Y
f. Complete'perfoRnanoe of such part of the work as shall not have been terminated by:;Rthe Department in compliance:with, all contractual requirements; and
;
g. Take stich action as may be, necessary, or as the Department may require, for the prote~3ion
and preservation af the property related to this contract which is in the possession otfthe ,
Contractorand in which the Department has or may acquire an interest.
AAG Approved 9112/2007
i.
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EXHIBIT D
Exhi6it B
$tatement of Work
FFY 2008 State Homeland Security Program
INTRODUCTION: The Wash'►ngton State Military Department Emergency Managemenf Division's (E{VID)
Momeland Security Sedion is responsible for programs designed to prepare and improve the State's ability to
prepare for, prevent,, proted against, respond to and recover from terrorist attacks and other major disasters.
Through the U.S. Department of Homeland Security (DHS), Federal Emergency Managemerrt Agency (FEOA),
, the FFY08 State Homeland Security Program is providing funds to enhance the capability of state and f6cal
units of govemment to make measurable progress towards the achievement of the National Preparedness
Guidelines by addressing the unique exercise, training, planning, organization, equipment, and administration
needs of local emergency responders; to strengthen improvised explosive device (IED) attack deterrence,
prevention, and protection capabilities; and to strengthen preparedness planning. Washington State is
subdivided into nine (9) Homeland SecUrity Regions. Within each of the nine regions a Regional Homeland
Security Coordinating Office (RHSCO) has been identified. King County Office of Emergency Management is the Region 6 RHSCO. FGng County Office of Emergency
Management (herein known as the Contractor) agrees to the following.
GENERAL PROGRAM REQUIREMENTS:
1. Work closely with the established Regional Homeland Security Council to develop a strategy and
subsequent budget for the use of these funds. The implementation of the projects oc activities associated
with these funds will be coordinated with the counties, cities, and the tribal govemments located withiq :the
established region. A`V.
~.Y
2. Activities under this contract must have s dear correlation to the goals, objectives, and priorities idenffimed
in the Washington State Strategic Ptan and corresponding Investment Justifications submitted irWjlthe
FFY08 grant application. e;
3. Plan and implement equipment purchases, exercises, training, planning and management & administration
activities in accordance with the FFY08 Homeland Security Grant Program Guidance, which can be found
at http://www:fema.4ov/aovemmenUgrant/hsaaAndex.shtm, aswell as all subsequenf,palicy changes.
4. Ensure that all subcontractors and subgrantees are in compliance with the FFY08 Homeland Security
6rant Program Guidance through monitoring of expenditures and periodic reviews of activities.
5. Submit a Bi-Annual Sfrategy Implementation Report (BSIR), Via the web-based Grant Reporting Tool at
https://www.reaortinQ.oda.dhs.QOV as required in the contract Milestones.
6. Submit a Bi-Annual Progress Reportto the e-mail address hls.reporting@emd:wa.gov as required in the
contract Milestones.
~
7. Submit at a maximum monthly and a minimum quarterly signed and approved, invoice vouchers (~,tate
Form A-19) and a Reimbursement SpTeadsheet to the Department for costs incurred.
S. If purchasing equipment, the Contractor must meet the following requirements:
• Equipment must be in compliance wifh the FEMA Authorized Equipment List (AEL), as detailed Ot:
httq:Hwww.rkb.us/.
• Determine whether or not it is in the best interest of the Contractor to make purchases using its own
procurement process or ask the Department to make purchases on its behalf: .
• Make a request to the Department in writing that authorizes the Department to de-obligate funding
from the Contractor's conVact and use the siate's procurement process to purchase equipment on
behalf of the Contractor. This will necessitate an amendment to the corrtract-reducing the Contractor's
award by an amount sufficient for the Department to make the purchase(s). The Department will pay -
the vendor directly and all items willbe drop shipped to a location designated by the Contractor.
FEMA-HSGP-FFY 08 Page 14 of 17 King CouMy'OEM
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i
EXHIBIT D
9. Exercises that are implemented with grant funds must meet the requirements ofi the FFY08 Homeland
8ecuritjr Grant Frogram Guidance, be threaf and pertormance based, and should evaluate perFormance of
critical prevention and response.tasks required ofthe exercise scenario. Upon completion of the exertise,
an After Action Report and an Improvement Plan must be prepared and submitted to the FEMA poi.rtal
within 60 days ofi completion of the exerase. Reimbursements for exercise related expenditures can nqf be
made until this requirement has been met <
. .
10.1`fie FFY08 HSGP grant stipulates the following caps.and thresholds:
o The Contractor witl not be reimbursed far Management and' Administrative oosts that exceed $138,705
of the total contrad award.
• The Contractor will not be reimbursed for personnel costs related to planning, training, exerase and/or
equipment actnrities that'exceed $508,000.
• A minimum of 25% of the contract award must be spent on preparedness planning activities and/or
strengthening improvised explosive device (IED) attack deterrence, prevention, and protection
capabilities.
• A minimum of 25% of the contract award must be spent on law enforcement terrorism prevention-
activities. • Costs which qualify for both the,preparedness planning/IED minimum requirement and the 'Law
Enforcement prevention activities minimum requirement may be counted against both requirementg~.
CONTRACTOR TASKS: ~f
1. Purchase approved hazardous response, decontamination, medical surge, and explosive device
equipment for first responder agenaes;.
2. Provide King County planning support for intelligence analysts and position related, approved equipment.
needs for the FGng Gounty Fusion Center; and Seattle/King County RIG to strengthen information 'and
intelligence gathering, analysis; and information sharing capabilities.
3: Provide approved regional seminar for public and private stakeholders on the Automated Critical Assets
Management System (ACAMS); provide approved regional seminar for public and private stakeholders on
coordinating the region's critical infrastructure business continuity planning; and provide an approved
regional workshop on issues pertaining to the cxoss sector interdependencies and cyber security issues of .
critical infrastructures for public and private stakeholders;
4. Provide planning support for the CBRNE program to move fonnrard with integrated response protocols and
- the purchase of approved standaMized equipment to address previously identfied gaps; and provide
planning support to create regional standardized protocmis; guidelines, and evaluation criteria for st-aw
Enforcement CBRNE teams region wide, and to apply the plans to approved local exercises, workshops,
and drills.
5. Provide lannin su ort for Resource Mana ement to
p g pp g populate resource databases, develop a res6rce
processing system for a technology'6ased process for the,management of staff, volunteers, resources;and
donated goods during all hazard events.
6. Provide approved subject matter expert consultation for the development of fully functional Altemative ware
Facility and Operations Plans "
,
7. Provide ptanning support and associated public education materials for Citizen Public Education and to
purchase and distribute approved safety equipment used 6y CERT trained individuals.
8. Purchase approved CBRNE rated equipment for respiratory protection for the King County Regional
Tactical Teams.
9. Provide approved training and exercises for CBRNE Interoperable Communications, Medical Surge, and
Incident Management to effectively respond to and recoverfrom all hazard events; and provide approved
equipment, planning support, and approved exercises and #raining for On Site Incident Management for the
Seattle Metropolitan Incident Management Team to enhance incident management capabilities.
~
FEMA-HSGP-FFY08 ~ Page 15 of 17 FGng Courrty'OEM
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I
EXHIBIT D
10. Provide King County Zone 1 and Zone 3 planning support for all hazard preparedness, response,
mitigation, and recovery; provide facilitation support for Zone level cooperative meetings and serve as?the
resource for information regarding fraining and education for Zone responders and agency representatives.
11. Provide Kng County planning support for a communications specialist to enhance preparedness. plarining
caordination in Region 6, to include the Regional Public Information Neiwork and other public educkion
campaigns.
12. Provide King County planni,ng assistance for enhanced coorrlination of Homeland Security activities for
Region 6 in support of the Region 6 Emergency Management Advisory Committee and related'workgrotlps,
the Region 6 Strategic Plan development, zone coordination and other approved Home(and Security
related projects. 13. If necessary, hire a Subcontractor to assist in accomplishing the contract tasks.
THE MILITARY, DEPARTMENT AGREES TO: J
1. Provide technical assistance, expertise, and state coordination with FEMA whene necessary.
2. Reimburse the Contractor within 45 days of receipt and approval of requests for reimbursement which
indudes all documentation of expendihures as required.
.`le
t.t
~4ry
MILESTONES -
FFY08 State Homeland Security Program . N
MILESTONE TASK
September 1, 2008 Start:of contrad performance period.
September 30, 2008 Submit NIMS compliance report.
January 2008 Contract Execution.
January 15, 2009 Submission of B'i-annual Strategy Implementation Report (BSIR)
& Progress Report.
Submission of Bi-annual' Strategy Implementation Report (BSIR)
July 15, 2009 & Progress Report.
Submission ofBi-annual Strategy Implementation Report (BSIR)
January 15, 2010 & Progress Report. "
- - - - ,
December 31, 2010 End of contract pertormance period. ;
No later than January 15, 2011 Submrt all fnal reports, requests for reimbursement and/or
cie6verables.
FEMA-HSGP-FFY OS • Page 16 of 17 iGng Courrty.OEM
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EXHIBIT D
Exhibit C
BUDGET SHEET
fFY 2008 State Homeland Security Program
PLANNING SubmCategory
Salaries & Benefits, • $ 527,500 Funding Souce 783SU
Consultants/Sub-ConVacting $ 425.000
Goods & Services $ 175,000 -
Travel8 Per Diem $ - -
Other-Indirect $ -
Tota) E 1,127,500 -
' TRAINING Sub-Category Funding Source 783ST
Salaries & Benefits $ 130,000
ConsultanLs/5ub-Contracting $ 30,000
Goods.& Services $ 5,000
Travel & Per Diem $ 15,000
Other $ - •
Total $ 180A00
DXERCIS.E Sub-Gategory Funding Source 783SQ
• Salaries &'Benefits $ 190,000
Consultants/5ub-Contracting $ 89,000
Goods & Services $ 36,000
Travei 8 Per Diem $ -
Other $
Total $ 315,000
MANAGENENT &
ADMINISTRATION Sub-Category Funding Source: 783SA
Salaries & Benefits $ 130,000
Consultants/Sub-Contracting $ -
Goods 8 Services $ 5,000
Travel & PerDiem $
Other $ - '
• Total $ 138;000
ORGANIZATION Sub-Category Funding Source: 783SD
Salaries & Benefits $ -
Overtime $ -
Consultants/Sub-Contracting $ 250,000
Goods & SerVices $
Travel'& Per Diem $ 15,000 '
Other-Indired $ . .
Total $ 265,000 .
EQUIPNAENT Sub-Category Funding Source: 7835S ~
Equ3pment $ 2,597,988
Total ° $ 2,597,886
' Total Budget $ 4,623;486
• L Cumulative changes to budget categories in emess oi 10°k of the contrad award will not be reimbursed without prior
wriiben authorization from the Departrnern:
2. Federal funds maybe used to suppliment exdsting funds, and wi[i not reptace (supplarrt) funds tFiat have been
appropriated for the same purpose.
. The Contractor will not be reimbursed for IUbnagement and Administrative costs that emeed $138,705 of the total
4. The Contradorwill not be reimbursed for.personnel costs relaled to planning, training, exerase and equipment
activities that exceed $508,000. ' -
. Aminimum of25°r6 afthe contradaward mustbe spenton preparedness planning activifiesand/orstrengthening
improvised eplosive device pED) atfadc deterrence; preventiorr, and protection capabilities.
6. Aminium of25°k offhe conVactaward must6e spent on law enioroementterrorism prerention-acHvities.
FEMA-HSGP-FFY OS Page 17 of 17 lGng County_;OEM
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King County Office of Emergency Management
HOMELAND SECURITY SUBGRANT AGREEMENT - AMENDMENT A
Sub -grant Agreement : FFY08- SHSP -CC -002
Project Title: KING COUNTY CITIZEN CORPS SUPPLIES & EQUIPMENT
Sub - grantee: City of Auburn
King County Emergency Management and the Subgrantee mutually agree to
AMEND the original agreement terms and conditions as follows:
❑ 1. SCOPE OF WORK
❑ 2. BUDGET
® 3. PERIOD OF PERFORMANCE
The period of performance is extended from August 31, 2010, to
October 15, 2010, due to vendor supply and shipping delays.
All other terms and conditions of the original Sub -grant Agreement remain in
force.
IN WITNESS WHEREOF this Amendment has been executed by each party on
the date set forth below:
CITY OF AUBURN
me, Titl
'ic1Jaor0
Date
KING COUNTY OFFICE OF
EMERGENCY MANAGEMENT
.EmEg. ?ea mNC.e.BY ,�, 0�
Hillman Mitchell, Dir
Date
Page 1 of 1