HomeMy WebLinkAboutItem VIII-B-5WASHINGTON
AGENDA BILL APPROVAL FORM
Agenda Subiect Date:
Resolution No. 3734 May 28, 2004
Department: Attachments: Budget Impact:
APD Resolution No. 3734
Administrative Recommendation:
City Council adopt Resolution No. 3734.
Background Summary:
Approval of Resolution No. 3734 will allow the city to accept the grant offered by King County in an
amount not exceeding $83,218.42 for the purposes of providing a more unified scope of emergency
disaster preparedness for the police service.
P0607-1
02.3
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
[] Arts Commission COUNCIL COMMITTEES: [] Building [] M&O
[] Airport [] Finance [] Cemetery [] Mayor
[] Hearing Examiner [] Municipal Serv. [] Finance [] Parks
[] Human Services [] Planning & CD [] Fire [] Planning
[] Park Board []Public Works [] Legal [] Police
[] Planning Comm. [] Other [] Public Works [] Human Resources
Action:
Committee Approval: []Yes []No
Council Approval: []Yes []No Call for Public Hearing / /__
Referred to Until / /
Tabled Until / /
Councilmember: Cerino Staff: Kelly
Meeting Date: June 7, 2004 Item Number: VIII.B.5
AUBURN * THAN YOU IMAGINED
RESOLUTION NO. 3 7 3 4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE ACCEPTANCE OF
A HOMELAND SECURITY SUBGRANT FROM KING COUNTY,
WASHINGTON, FOR POLICE DEPARTMENT RESPONSE IN
DISASTER PREPARADENESS
WHEREAS, the City of Auburn has certain public safety responsibilities with
which it is charged with handling Within its corporate boundaries; and
WHEREAS, in order to better address such responsibilities, particularly as they
relate to disasters and emergencies that impact larger geographic regions, it is
advantageous to coordinate with other public agencies; and
WHEREAS, King County has some pass-through monies from the United States
Department of Homeland Security, received through the Washington State Military
Department, Emergency Management Division, whish it is willing to make available to
local jurisdictions within King County, to help with emergency and disaster preparation;
and
WHEREAS, the City of Auburn is desirous of taking advantage of the opportunity for
such funds, and willing to enter into appropriate agreements with King County Office of
Emergency Management, therefor.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
1.
The City hereby approves and will accept the grant offered by King
County in an amount not exceeding $83,218.42 for the purposes of
Resolution No. 3734
May 25, 2004
Page 1 of 2
PASSED this
providing a more unified scope of emergency disaster preparedness for
the police service.
The Mayor is hereby authorized to execute and enter into on the City's
behalf, an agreement for such services, in substantial conformity with the
agreement a copy of which is attached hereto, marked as Exhibit "A" and
incorporated herein by this reference.
The Mayor is hereby authorized to implement such administrative
procedures as may be necessary to carry out directions of the legislation.
This Resolution shall be in full force and effect upon passage and
signatures hereon.
__ day of ,2004
ATTEST:
Peter B. Lewis
Mayor
Danielle Daskam, City Clerk
APPROVED AS TO FORM:
Daniel B. Held, City Attorney
Resolution No. 3734
May 25, 2004
Page 2 of 2
FFY03S-SHSP-002 EXHIBIT "A"
King County Office of Emergency Management
HOMELAND SECURITY SUBGRANT AGREEMENT
THIS AGREEMENT is made and entered into by and between King County and the City of
Auburn, hereinafter "Subgrantee", for the express purposes set forth in the following provisions
of this Agreement.
It is understood that funding for this Agreement has been granted to King County by the United
States Department of Homeland Security through the Washington State Military Department,
Emergency Management Division. The funding source of the grant is the FFY03 Supplemental
State Homeland Security Grant Program, Catalog of Federal Domestic Assistance (CFDA)
#97.004, State Contract #E04-033.
NOW THEREFORE, King County and the Subgrantee mutually agree as follows:
1. SCOPE OF WORK AND BUDGET
The Subgrantee will accomplish the work and tasks as set forth in this Agreement and the
Scope of Work, Project Timeline, and Deliverables (attached hereto as Exhibit A) and Budget
(Exhibit B).
2. PERIOD OF PERFORMANCE
Subject to other Agreement provisions, the period of performance under this Agreement will be
from April 15, 2004 to March 1, 2005. All work must be satisfactorily completed, and all
invoices, reports, and deliverables must be submitted, by the end of this Period of Performance.
3. CONTRACT REPRESENTATIVES
King County's Project Manager on this Agreement shall be Kathryn Howard, Homeland Security
Programs Manager, King County Office of Emergency Management. The Project Manager
shall be responsible for monitoring the performance of the 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 representative to this Agreement shall be Gregory Wood, Sergeant, who will
be the contact person for all communications regarding the conduct of work under this
Agreement and who will ensure that all terms of the Agreement are met.
Any notice required or permitted under this Agreement shall be deemed sufficiently given or
served if sent to King County or the Subgrantee at the addresses provided on the next page:
FFY03S-SHSP-002
If to King County:
Kathryn Howard
King County Office of Emergency Management
3511 NE 2nd Street
Renton, WA 98056
206-296-3830
Kathryn,howard@metrokc.gov
If to the Subgrantee:
SGT. Gregory Wood
Auburn Police Department
Inspectional Services Unit
101 N Division
Auburn, WA 98001
253-931-3044
gwood@ci.auburn.wa.us
4. REIMBURSEMENT REQUESTS AND PAYMENT
This is a fixed pdce, reimbursement contract. Total compensation payable to the Subgrantee
for satisfactory performance of the work under this Agreement shall not exceed $83,218.42
(E/ghty t~ree thousand two hundred e/ghteen dollars and fort)' two cents). Payment for
satisfactory performance of the work shall not exceed this amount unless the parties mutually
agree in writing to a higher amount prior to the commencement of any work, which will cause
the maximum payment to be exceeded.
Compensation for satisfactory work performance shall be payable upon receipt of a properly
completed Invoice and Progress Report Form, which will be provided to the Subgrantee
subsequent to execution of this Agreement. Invoices for costs incurred to date may be
submitted monthly or quarterly. Supporting documentation is required for reimbursement of all
expenses related to the Scope of Work and Budget in Exhibits A and B. 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.
Payment shall be considered timely if mailed by King County to the Subgrantee within thirty (30)
calendar days after receipt of properly completed invoices. Payment shall be sent to the
address designated by the Subgrantee on the invoice 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 any term 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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FFY03S-SHSP-002
5. REPORTING REQUIREMENTS
Each request for reimbursement, whether submitted monthly or quarterly, will be accompanied
by a narrative progress report. Reports must include the Subgrantee's progress in
implementing the scope of work, including any problems encountered and possible cost
overruns or underruns. Narrative progress reports may be filled out on the Invoice and
Progress Report Form or as a separate attachment to the invoice form.
6. RECORDS MAINTENANCE
The Subgrantee shall maintain accounts 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 and/or by State or Federal officials as so authorized by law.
7. SINGLE AUDIT ACT REQUIREMENTS
Non-federal entities receiving financial assistance of $500,000 or more in Federal funds from all
sources, direct and indirect, are required to have a single or a program-specific audit conducted
in accordance with the U.S. Office of Management and Budget (OMB) (Revised June 27, 2003)
Circular A-133-Audits of States, Local Governments, and Non-Profit Organizations. 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 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.
The Subgrantee shall maintain its 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. In
addition to sending a copy of the audit, the Subgrantee must include a corrective action plan for
any audit findings and a copy of the management letter if one was received.
The Subgrantee must send this letter to King County no later than nine (9) months after the end
of the Subgrantee's fiscal year(s).
8. COMPLIANCE WITH APPLICABLE LAWS
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. The
FFY03S-SHSP-002
Subgrantee assures that its procedures are consistent with laws relating to public contracting
and competitive selection procedures.
The SUBGRANTEE shall comply with OMB Circular A-87, Cost Principles for State, Local, and
Indian Tribal Governments; OMB A-102, Grants and Cooperative Agreements with State and
Local Governments; and A-133, Audits of States, Local Governments, and Non-Profit
Organizations.
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, color, sex, religion,
nationality, creed, 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 Agreement as defined by King
County 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.
9. AMENDMENTS
This Agreement may be amended only by written concurrence of both parties. Amendments to
Scope of Work will only be approved if the proposed amendment is consistent with State and
Federal granting agency rules. Up to ten percent (10%) of the total award amount may be
shifted between approved budget object codes as contained in Exhibit B. For 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 achieves the goals stated in the Scope of Work and falls within the grant
requirements.
10. TERMINATION
This Agreement may be terminated by King County, in whole or in part, for convenience 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, and/or failure to provide grant-related invoices, reports, or any requested
documentation.
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 termination. The Subgrantee shall be released from any obligation to provide
further services pursuant to this Agreement.
FFY03S-SHSP-002
Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Agreement
or law that 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 Contract beyond the current appropriation year is conditional upon
appropriation by the County Council of sufficient funds to support the activities described in this
Contract. Should such an appropriation not be approved, this contract 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, arid/Or -issLi6s whatsoever
occurring from any and all 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 hereunder, constitutes an infringement of any
copyright, patent, trademark, trade name, and/or otherwise results in unfair trade practice.
In the event the County incurs attorney 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 its 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 insurads.
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 certification of self-insurance shall be
attached hereto and be incorporated by reference and shall constitute compliance with this
section.
13. 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 by any Federal department or agency.
FFY03S-SHSP-002
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 or 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
to be waiver of any other or subsequent breach and shall not be construed to be a modification
of the terms of this Agreement unless stated to be such through written approval by King
County, which shall be attached to the original Agreement.
15. SEVERABILITY
If any-section, subsection; sentence, clause or phrase of this Agree~ment 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 of this Agreement.
16. APPROVAL
This Agreement shall be subject to the written approval of the King County's authorized
representative and shall not be binding until so approved.
THIS AGREEMENT, consisting of 6 pages and 2 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:
CITY OF AUBURN
KING COUNTY
Name & Title
BY
County Administrative Officer
Date Date
FFY03S-SHSP-002
EXHIBIT A: SCOPE OF WORK, PROJECT TIMELINE, AND DELIVERABLES
Scope, Timeline & Budget
Subgrant Agent:
Grant not to exceed Amount:
Point of Contact, Title & Contact Information:
Anticipated Audience or Participants:
Proposed Location:
City of Auburn Police Department
$ 83,218.42
Sgt. Gregory Wood
Auburn Police Department
Inspectional Services Unit
101 N. Division
Auburn, WA 98001
253_93~1_3044 : ..
gwood~ci.auburn.wa.ns
The end-users of the equipment will be members of the
Auburn Pohce Department/Valley Civil Disturbance
Unit, Auburn Police Department/Valley Special
Response Team and the Clandestine Lab Response
Team.
N/A
Dates/Time Period: The equipment will be purchased by March 1, 2005.
Grant Category:
X Eauinment
Project Title:
Anticipated matching or
cooperative funding sources:
Auburn/Valley First Responder Equipment Project.
(PPE and Interoperable Communications Equipment)
There are currently no additional external funding sources.
Statement of Work:
The City of Auburn Police Department intends to use this grant to fund the purchase of equipment that wall enhance our
fxont-line Homeland Security capabilities.
The City of Auburn Police Department plays a key role as a regional service provider through our participation on the Valley
Special Response Team (SRT) and the Valley Civil Disturbance Unit (CDU). Each ofthnse teams responded regionally to
support other law enforcement agencies, such as the regional response to the W.T.O. and anti-war protests in Seattle. The
police deparm~nt formed a "Clandestine Lab Response Team" approXhmately two years ago, and since inception, our Lab
Response Officers have responded to a number of calls for service to process and dismantle clandestine chemical
laboratories both locally and in surrounding communities. Since this teams' response capabilities are so closely related to
incidents of W.M.D, the function of this team is being expanded, and it will be made available should a regional W.M.D.
response be required.
The Clandestine Laboratory Response Team has the capability to provide Operations and / or Technician Level
emergency response to a contaminated environment. Such environments include chemical and biological threats, consistent
with the current domestic and interaational tcnorist threat; clandestine drag labs, and crimes committed within induslxial or
transportation venues where hazardous substances are released.
The unit has ~'aining and experience in, and has performed:
1. Site security.
2. 'Complete technical investigation and documentation of chemical-based crimes.
3. Mitigation of hazardous environments.
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FFYO3S-$HSP-O02
4. Rescue / safety of victims, lust responders, suspects and property.
5. MininUZing exposure and halting the spread of contaminants.
6. Decontamination
7. Outside agency cooperation and assistance to the
Fire Service, other law enforcement agencies, and EMS.
8. Function within the Incident Command / Management System.
Provide Operational Level assistance:
By utilizing training in specialized protective clothing and equipment, chemical detection and identification equipment,
engineering con~-ols, and methods of decontamination and triage, the Unit can assist in:
1. Managing a WIvlD scene.
2. Determine the breadth ofa WMD incident area.
3. Dealing with victims, survivors, suspects, and potential victims.
4. Providing site security for Technician Qualified Personnel and outside agencies.
5. Ensuring evidentiary integrity and perimeter.
6. Securing Suspects.
Provide Teclmician Level assistance
1. Respond to the site ora release or potential release, for the purpose of stopping the release and conduct investigations.
This included approaching the point of release in order to plug, patch or otherwise stop the release of a hazardous substance /
WMD agent.
2. Determine the composition, action, properties, and quantity of potential hazardous substances / WMD agents.
Subsequently identify / verify, contain / control, mitigate, sample, and seize materials, precursors, apparatus, and substances.
3. Within the contaminated environment:
1. Perform advance conh'ol, containment, and/or confinement operations.
2. Implement decontamination procedures.
3. Perform Technical Investigations.
4. Identify, secure, seize, and package chemical / hazardous / WMD evidence.
5. Provide site security.
6. Documentation
7. Conduct conventional law enforcement actions otherwise prohibited by the
4. Implement established emergency response plans. 1. Select and use proper specialized chemical personal protective equipment.
2. Use field survey instruments and equipment.
3. Apply hazard and risk assessment techniques.
The Clandestine Lab Response Team will utilize their grant funds to purchase six Self-Contained
Breathing Apparatus. The team is currently limited to using "Air Purifying Respirators," (APR).
However, the APR 's have significant limitations, including:
1. In certain lab types, some chemicals are present for which an APR is not allowed. (Red-P, release of anhydrous
ammonia, etc.)
2. You cannot conduct air monitoring to determine if its safe to wear an APR without entering the hazardous
environment.
3. ~4PR cartridges do not protect /filter many chemicals present in labs.
4. "Engineering Controls" (securing the lab, opening windows, etc) to make the area safe, require entering the lab.
This can't be done unless the people doing the controls are at a protection factor only provided by an $CBA.
The SCBA 's will allow the team to more effectively enter, secure and process hazardous clandestine
chemical laboratories. The SCBA 's will also allow our operators to more effectively respond to and
assist at a }VMD scene should the need arise.
The Auburn Civil Disturbance Unit (CDU) is part of the Valley Regional Civil Disturbance Unit, along with the Cities of
Renton, Kent, Tukwila and Federal Way. The Valley CDU was organized in 2003 at the direction of each a~cnc~"s Chief of
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FFY03S-$HSP-002
Police. When a situation requiring a CDU response arises in any of the participating jurisdictions, the entire team is
activated. The Valley CDU responded in April 2003 to Seattle to assist with anti-war demonstrations that took place at the
Henry Jackson Federal Building.
The Civil Disturbance Unit will utilize their grant funds to purchase eighteen ESP II
Communication System Devices for their Advantage gas masks. The ESP II Communication
Device is a self-contained electronic speech projection device that amplifies and project's the
operator's voice. During prolonged hazardous environment operations, team .members are
expected to wear their gas masks for prolonged periods of time. Communication with the
mask on and without this device is near impossible, especially during loud and confusing
scenarios. The ESP II will provide improved communications that will allow the team to
operate at peak efficiency.
Se V_a!!ey ~pee,~l Response Team (SRT} is comprised~f tactical officers from the Cities.of Aub~urn, Renton, Kent,
Tukwila, Federal Way and the Port of Seattle. The SRT is a regional team that has participated in a nsunber of regional calls
for service, including W.T.O. The team is responsible for specialized response to incidents involving W.M.D., barricaded
subjects, hostage incidents, high-risk search warrants, terrorist attacks and other specialized calls for service.
The Special Response Team will utilize their grant funds to purchase two mobile radios and
ten portable radios, to be used in conjunction with their new Command and Control Vehicle,
which will respond to all regional calls for service. The new radio equipment will be APCO 25
rated, which will allow for inter-agency communications at the local, county, state and federal
level The mobile and portable radios that they currently utilize do not offerthis feature.
Exhibit B
PASS THROUGH BUDGET
Agency Submitting: Auburn Police Department
Category: Personal Protective Equipment (PPE) & Interoperable Communications
Equipment
Item Description Cost
Equipment Costs (attach listing of equipment and estimated amounts) __ $44,387.52
Equipment Costs (attach listing of equipment and estimated amounts) $32,100
Sales Tax $ 6, 730.90
Total Category Reimbursement not to exceed Cost Request $ 83,218.42
· 10% of total award amount may be shifted between approved budget object codes.
· Final signed invoice voucher to be submitted with final performance report & deliverables - Invoices not to exceed total
amount of contract award.
9
FFYO3S-SHSP-O02
Equipment Estimated Cost
Interoperable Communications Equipment
(2) Motorola Project 25 XTL 5000 Radio, 764-870 MHz, 255 modes, 35
watts; G67 remote mounts; G51 Smar~one Operation; G241 Astro Ready $ 6,665. 02
Analog Operation; "W5" Control Head and Sot'tware; W22 Standard Mic;
W484 Alt Antenna; G24 Two-year express service plus warranty.
(10) Motorola Project 25 XTS 2500 Portable Radio; Ultta High Capacity
Battery and Belt Clip; 255 Modes Front Mount Display with 4 Lines of 12
Characters; 3x2 Enhanced Smanzone Sollware; Analog Operation (~ $27,492.50
3600 Baud; 110 Volt Rapid Rate Charger.
(18) ESP II Communication Systems for the Advantage I000 Gas Mask. $5,130.00
(6) ICM 2000 gauge/PASS Device
$5,100.00
(6) MSA Custom 4500 MMR SCBA's equipped with: Black Rhino
harness w/chest strap; lumbar pad; 30 minute Stealth 4500 psig $32,100
cylinder; Firehawk MMR regulator w/quick connect swivel;
Extendaire Dual Quick Connect Emergency Breathing System;
Ultra Elite Hycar facepiece w/nosecup; Spec-Don head harness
and hard case. Single Unit Price: $5350.00
Sales Tax $ 6, 730.90
$0
Total Equipment Category $ 83,218.42
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