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Home My WebLink About4232RESOLUTION N0.4 2 3 2 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 EIGHT THOUSAND FIVE HUNDRED SEVENTY DOLLARS ($28,570.00) TO PROVIDE COMMUNITY EMERGENCY RESPONSE TRAINING TO SPANISH SPEAKING POPULATIONS, PROVIDE GENERAL SUPPORT FOR THE AUBURN COMMUNITY EMERGENCY RESPONSE TEAM, AND PROVIDE FUNDS FOR ZONE 3 CERT REFRESHER TRAINING, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE NECESSARY AGREEMENTS TO ACCEPT SAID FUNDS 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 funds to assist Citizen Corps Councils in providing programs and has provided King County with those funds to distribute; and WHEREAS, Community Emergency Response teams fall under the authorized activities of Citizen Corps Council programs; and WHEREAS, the City of Auburn desires to offer Community Emergency Response Team training to the local Spanish speaking population, support it's existing Community Emergency Response Team program and provide refresher training for Zone 3 CERT teams. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. 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 Resolution No. 4232 August 29, 2007 Page 1 Eight Thousand Five Hundred Seventy dollars ($28,570.00) to offer Community Emergency Response Team training to Spanish speaking residents, provide general support for the existing Community Emergency Response Team program, and provide funding for Zone 3 CERT refresher training. The Mayor and City Clerk are authorized to execute aSub-Grant Agreement with the King County Office of Emergency Management for the reimbursement of said funds in substantial conformity with the Agreement attached hereto and designated Exhibit "A" and incorporated herein by this reference. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out directives of the legislation. Section 3. This Resolution shall be in full force and effect upon passage and signatures hereon. SIGNED and DATED this '-t`t'i'~~ day of September 2007. BURN P TER B. LEWIS, MAYOR ATTEST: G~~~G~~Y Danielle Daskam, City Clerk AP tlaniel B. Heid, City Attorney Resolution No. 4232 August 29, 2007 Page 2 EXHIBIT A Scope of Work Date: 08/30/2007 Revision #: 0 General Information Project Number: Project Title: Sub Grantee Name: Contact Person: Job Title: Address: Phone: Fax: Email: City of Auburn Spanish CERT and Continuing Education Cit.Y.._of Auburn ..................................................................................................................................................................................... ....................._... Sarah K. Miller Emergency..._Preparedness _Mana_9er .................................................................................................. 340 E Main St., Suite 201 .(253.).._876...-_1._909 ...................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . X2.53.).._939-7769 .................................................................................................................................................................................... ................ skmiller@auburnwa.gov Page 1 Form Updated: 06/12/2007 EXHIBIT A Scope of Work Investment Justification Check the Investment Justification that best describes your project ^ Enhance Regional Collaboration and Sustain Existing Regional Programs ^ Enhancement of Responder Team Capabilities to Operate in CBRNE Environment ® Sustained Citizen Corps Activities and Increased Public Education Efforts ^ Critical Infrastructure Identification, Assessment, Planning and Target Hardening ^ Build Regional Interoperable Communications Capabilities ^ Law Enforcement Specialized Response and Investigation Resources ^ Medical Response Capability Enhancements ^ Analytical Support for Fusion Center and Regional Intelligence Groups ^ Regional and State Agency NIMS Implementation Activities ^ Development and Enhancement of Type 111 Incident Management Teams ^ Animal Mass Depopulation and Disposal Plan Development and Execution ^ Build Resource, Patient and Volunteer Tracking Systems for Status and Credentialing ^ HRSA/Homeland Security Hospital Preparedness Integration ^ Medical and Health Laboratory Capacity Enhancements For UASf Pro'ecfs: ^ Enhance CBRNE detection capabilities ^ Public Education, Outreach and Volunteer Preparedness ^ Critical Infrastructure Protection ^ Enhanced Explosive Device Response Capabilities ^ Enhancement of Emergency Operations Technology ^ Enhancement of Hazardous Materials Response Capabilities ^ Regional Counter-Terrorist Center to improve Intelligence and Information Sharing ^ Urban Wide Interoperable Communications ^ Enhancement of Law Enforcement CBRNE Related Capabilities ^ Implementation of a Patient, Resource and Volunteer Tracking System ^ Increase Medical Surge Capability ^ Implementation of NIMS & NRP ^ Urban Area Coordination, Planning and Exercise ^ UASI Program Sustainment & Management & Administration Page 2 Form Updated: 06h2/2007 EXHIBIT A Scope of Work Goal & Objective Far SHSP & tETPP Projects: '~, Use BOTH documents below to identify one Goal & Objective in each that best represents this project: '~ The Washington Statewide Homeland Security Strategic Plan (Start at PAGE Objective 5.6.2: Build a strong statewide volunteer capability to assist emergency responders_for...a.~.~:.-hazards.._by.June 201._~..: ......................................... Region 6 Homeland Security Strategic Plan (Start at PAGE 24) Regional Priority VI. Develop Region-wide Public Information, Public Education, and Outreach Strategies. Goal C. Increase public awareness of hazards and risks to promote ....self-reliance...and....persona.~...safet.Y.~ ............................................................................................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . For UASI Pra "ects: Use the document below to identify one Goal & Objective in each that best represents this project: '~ UASI Seattle-King County Urban Area Strategy: Excerpt from Goals and Objectives Page 3 Form Updated: 06/12/2007 EXHIBIT A Scope of Work Project Description Describe your project using a maximum of two pages by answering ALL of the following questions separately: 1. Provide a descri tion of your project.(who /what /,where./.when./.why,/.now): _ ....................................................................................................P........................ Part 1: The Auburn Area (aka White River Valley) Citizen. Corps Council desires to provide continuing support for the CERT program started in September 2007. Currently., the program lacks basic materials needed' to support its continuation, .including basic. training and continuing education. The Council's desire is to provide project management support (in the form of a consultant} to the City of Auburn to plan and manage monthly continuing education activities for previous CERT grads, as well as to coordinate new classes and provide support to the Council. Further, the Council desires to enhance the current program by providing necessary training aids, .including a rescue "dummy", triage belts, and long-term storage. Final y as part of continuing education for existing members, the Council wishes to issue CERT field guides to all current team members. Part 2. The Council will also provide one CERT training course in Spanish, utilizing instructors from City of Auburn Emergency Management and the Valley Regional Fire Authority. Some-materials'will be translated into Spanish and made available to anyone who wants them. _.._.........._2.~........_What.._is the....purpose of._t.he....project? ..........................................................................................._... Part 1: The first purpose of this project is to enhance learning and training opportunities for both existing and future CERT members. Part 2: The second purpose of this project is to provide disaster preparedness and CERT training to people who speak Spanish. The secondary purpose is to solicit potential instructors who. could teach the program in Spanish, eliminating the need for translators for future offerings. 3. ,What problem does the project solve~t _ Part 1: The current program must rely upon assistance from other agencies to conduct basic training. Rescue "dummies" must be borrowed from surrounding programs and driven to Auburn for training activities. Equipment must also be borrowed from the Valley Regional Fire Authority's (VRFA) public education division. This equipment includes triage belts, a storage container, and a fire prop. The newly formed Fire Authority has already suggested that the CERT program obtain its own equipment, in order to ensure its continued use and availability. Currently, CERT supplies are stored in a 40 foot rusted out, leaky cargo container that is owned by the VRFA. This is not acceptable, as the container does not provide adequate protection for CERT supplies. It is also not possible to secure the container, meaning that things could be taken without permission. The City of Auburn has a staff person available to support the CERT program, but this person is currently only funded for 3 days per week. This grant Page 4 Form Updated: 06h2/2007 EXHIBIT A Scope of Work would provide project management consulting that would relieve the part-time staff person of CERT;responsibilites, ensuring con istency and dedicated time for the project. Part 2: Currently there is no organized disaster preparedness activity in this community for those who speak Spanish. This. project vvill rain up to 30 members of the Spanish speaking community in basic disaster preparedness skills. 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, is a component of the USA Freedom Corps that focuses on opportunities for people to participate in a range of rneasures 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 community's first responders, firefighters, emergency health care providers, law enforcement, and emer enc mana ers with its volunteers. ....g .....................Y..:............................._g....................................................:.................................................................................... ................................................................:...................................................................................................................................... ....... 5. What activities need to be completed to finish the project? If the project will be implemented in phases, identify this clearly and tie them to your timeline in the . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ............................. following... se ction............................................................................................................_. A storage container will be purchased and located on City of Auburn property for storage of CERT related supplies and materials. New supplies and materials will be purchased, including a rescue "dummy",•CERT field guides, triage belts, materials for a fire prop and additional CERT vests. Spanish CERT manuals will be printed. Locally used materials, including PowerPoin't presentations and some handouts, will be translated into Spanish. Instructors, possibly through translators, will teach the course. The project will be supported by a project management consultant who will work approximately 15-19 hours per week, from . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . September.ao....February.~ .......................:....:....................................._....................................................:. 6.........._What._arethe tangible.results_and._/_or deliverables_of the....project?... .. ... Tangible results of this project will be monthly continuing education activity for all local CERT members, as well as supplies and materials to support current and future classes. Updated PowerPoint presentation will be translated into Spanish and made available to all interested parties after translation is complete, material has been used in a course, and edits have been made as necessary. Delivery date no later than 2/28/2008 ....................................................................................................................................................................................................... ....................................................................................................................................................................................................... .................................................... ......7.~.........._How_wil.~...the....grant,funds._be _used...t..o....._su.P.Port...this....project? ................................................................................................. ................................ Grant funds will be used to pay for CERT. Field Guides, Triage Belts/Tape, Vests, Materials to make fire prop, snacks, storage container, and a rescue dummy. Funds will also be used to pay for manual' printing co ts, overtime pay and benefits for instructors, vests and snacks. Support for both projects will be provided by a project management consultant who will work on recruiting, class organization, registration processes, instructor scheduling, and other project related activities.:.. ___ ____ Page 5 Form Updated: 06/12/2007 EXHIBIT A Scope of Work Project Timeline Make a timeline that includes measurable activities for task completion and critical dates. Project must be completed and delivered prior to 02/29/2008. if your project involves purchase of equipment, allow 3 months for equipment approval process to be completed which will happen before the contract is executed. ,, Translate Spanish materials and recruit Spanish speaking j 10/15/2007 participants ......................................................................... ..... ~ Print Spanish course materials, purchase all equipment, materials, :; 10/31/2007 and supplies Submit bi-monthly report to King County Office of Emergency Management Begin Spanish CERT Course Submit bi-monthly report to King County Office Emergency Management _ _.... _ Complete last of 6 continuing education .activities Complete Spanish CERT course, making revisions to printed materials., make available to King County.~EM. _ Final report and all invoices due to King County Office of Emergency Management 10/31 /2007 12/31 /2007 12/31 /2007 2/29/2008 2/29/2008 2/29/2008 Page 6 Form Updated: 06h2/2007 EXHIBIT B Budget Allowable Costs Using Appendix D - ALLOWABLE CoSr MATRIX of 1=Y06 Grant Guidelines, identify the allowable costs that best represent this project: fl Appendix D -ALLOWABLE COST MATRIX Establish, enhance, or evaluate Citizen Corps related .volunteer programs Page 7 Form Updated: O6N2/2007 EXHIBIT B Budget Budget Summary Check the option that is appropriate for your project: ^ This is not a pass through project (KCOEM Projects ONL1~ ® This is a pass through project (All other projects) IMPORTANT NOTE: This is a reimbursement grant Fill out the budget table using the correct budget category for your project expenses. For Goods & Services you MUST specify what the amount is for and indicate the budget category. If your project requires purchase of equipment, you should fill out the Equipment Budget Detail Worksheet (see next section) and then type the Equipment Purchase Total Cost from the Worksheet into this Budget Table. • 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 Page 8 Form Updated: 06/12/2007 Use the TAB key to move between cells in the table (left to right) - DO NOT USE ENTER'KEY EXHIBIT A Scope of Work Date: 08/30/2007 Revision #: 0 General Information Project Number: Project Title: Zone 3 CERT Continuing Education Sub Grantee Name: Contact Person: Job Title: Address: Phone: Fax: Email: City.._of Auburn ............................. Sarah K. Miller . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Emergency Preparedness Manager 340 E Main St., Suite 201 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (253,).._876...-1._909 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (253,).,_939-7769 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . skmiller@auburnwa.gov Page 1 Form Updated: 06/12/2007 EXHIBIT A Scope of Work Investment Justification Check the Investment Justification that best describes your project For SHSP & LETPP Projecfs: ^ Enhance Regional Collaboration and Sustain Existing Regional Programs ^ Enhancement of Responder Team Capabilities to Operate in CBRNE Environment ® Sustained Citizen Corps Activities and Increased Public Education Efforts ^ Critical Infrastructure Identification, Assessment, Planning and Target Hardening ^ Build Regional Interoperable Communications Capabilities ^ Law Enforcement Specialized Response and Investigation Resources ^ Medical Response Capability Enhancements ^ Analytical Support for Fusion Center and Regional Intelligence Groups ^ Regional and State Agency NIMS Implementation Activities ^ Development and Enhancement of Type III Incident Management Teams ^ Animal Mass Depopulation and Disposal Plan Development and Execution ^ Build Resource, Patient and Volunteer Tracking Systems for Status and Credentialing ^ HRSA/Homeland Security Hospital Preparedness Integration ^ Medical and Health Laboratory Capacity Enhancements For UASI Pro'ects: ^ Enhance CBRNE detection capabilities ^ Public Education, Outreach and Volunteer Preparedness ^ Critical Infrastructure Protection ^ Enhanced Explosive Device Response Capabilities ^ Enhancement of Emergency Operations Technology ^ Enhancement of Hazardous Materials Response Capabilities ^ Regional Counter-Terrorist Center to improve Intelligence and Information Sharing ^ Urban Wide Interoperable Communications ^ Enhancement of Law Enforcement CBRNE Related Capabilities ^ Implementation of a Patient, Resource and Volunteer Tracking System ^ Increase Medical Surge Capability ^ Implementation of NIMS & NRP ^ Urban Area Coordination, Planning and Exercise ^ UASI Program Sustainment & Management & Administration Page 2 Form Updated: 06/12/2007 EXHIBIT A Scope of Work Goal & Objective Use BOTH documents below to identify one Goal & Objective in each that best represents this project: ~] The Washington Statewide Homeland Security Strategic Plan (Start of PAGE Objective 5.6.2: Build a strong statewide volunteer capability to assist emergency responders for all-hazards by June 2011. Region 6 Homeland Security Strategic Plan (Start at PAGE 24) Regional Priority VI. Develop Region-wide Public Information, Public Education, and Outreach Strategies. Goal'C. Increase public awareness of hazards and risks to promote self-reliance and personal safety. For UASt Projects: Use the document below to identify one Goal & Objective in each that best represents this project: 1~ UASI Seattle-King County Urban Area Strategy: Excerpt from Goals and Objectives Page 3 Form Updated: 06/12/2007 EXHIBIT A Scope of Work Project Description Describe your project using a maximum of two pages by answering ALL of the following questions separately: _1. Provide a _description_of your project _(wh_o /_what / where_/_when_/._why_/_how): This project will provide two continuing education drills for Zone 3 (south King County) CERT graduates. The drills will be coordinated, organized, and taught through a coordinated effort between all south King County CERT programs, including but not limited to: Kent, Federal Wa ,Fire District 40, Fire District 44, and others. .............................: y............................................._..................................... ..............................:........................................ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ....._2.~........._What_is the....pur.pose..._of the....project? ..........................................._........................................................................._. The purpose of this project is to enhance the skills of south King County CERT graduates. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.~........_What....problem..._does.the....project.solve? ............................................................... CERT graduates rarely get to practice their skills. This refresher drills will give them the opportunity to participate in activities that will maintain and enhance the skills they learned in their original classes. 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, is a component of the USA Freedom Corps that focuses on opportunities for people to participate in a range of measures 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 community's first responders, firefighters, emergency health care providers, law enforcement, and emergency managers with ,its ,volunteers. ....... 5. What activities need to be completed to finish the project? If the project will be implemented in phases, identify this clearly and tie them to your timeline in the .................................. following.._section............._...............................................:. South King County CERT managers will meet to determine the dates for the two drills. They will also decide the scope of the activities, what materials,. supplies, and equipment need to purchased, and vvhich agencies-will provide instructors and facilities. Supplies, materials, and equipment will be purchased by the City of Auburn_to..su..l?port_the _event.~ .....:............................................::. . .. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6. What_are th_e tangible _results and_/_or deliverables of the....profect?.... _ .. _ .................................. . South King County CERT graduates will be better prepared to assist in an actual disaster. 7.~.........._H_ow„_will the_grant.funds be_used to..su.P.Port...this....project? ........................................................................................................._........... ....... Grant funds will be used to purchase supplies, materials, and equipment needed to support the activities of the refreshertraining. Page 4 Form Updated: 06/12/2007 EXHIBIT A Scope of Work Project Timeline Page 5 Form Updated: 06/12/2007 Make a timeline that includes measurable activities for task completion and critical dates. Project must be completed and delivered prior to 02/29/2008. If your project involves purchase of equipment, allow 3 months for equipment approval process to be completed which will happen before the contract is executed. EXHIBIT B Budget Allowable Costs Using Appendix D - ALLOWABLE Cosr MATRIX of FY06 Grant Guidelines, identify the allowable costs that best represent this project: ~ Appendix D -ALLOWABLE COST MATRIX Establish, enhance, or evaluate Citizen Corps related .volunteer programs Page 6 Form Updated: 06/12/2007 EXHIBIT B Budget Budget Summary Check the option that is appropriate for your project: ^ This is not a pass through project (KCOEM Projects ONLI~ ® This is a pass through project (All other projects) IMPORTANT NOTE: This is a reimbursement grant Fill out the budget table using the correct budget category for your project expenses. For Goods & Services you MUST specify what the amount is for and indicate the budget category. If your project requires purchase of equipment, you should fill out the Equipment Budget Detail Worksheet (see next section) and then type the Equipment Purchase Total Cost from the Worksheet into this Budget Table. • 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 Page 7 Form Updated: 06/12/2007 Use the TAB key to move between cells in the table (left to right) - DO NOT USE ENTER KEY SUB GRANT AGREEMENT FFY06- SHSP- CC-009 King County Office of Emergency Management HOMELAND SECURITY SUBGRANT AGREEMENT PROJECT TITLE City of Auburn Spanish CERT and Continuing Education 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 (DHS) through the Washington State Military Department, Emergency Management Division (EMD). The funding source of the grant is the FFY06 State Homeland Security Grant Program, Catalog of Federal Domestic Assistance (CFDA) # 97.067 -SHSP, State Contract # E07 -174. Neither the DHS nor the Federal Government shall be a party to any subagreement nor to any solicitations or 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 County 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 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 June 1, 2007 to February 29, 2008. 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 Christa Valverde - Project / Program Manager II at 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 Sarah K. Miller - Emergency Preparedness Manager 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. Page 1 of 42 SUB GRANT AGREEMENT FFY06- SHSP -CC -009 If to King County Christa Valverde King County Office of Emergency Management 3511 NE 2nd Street Renton, WA 98056 206 - 296 -3830 christa valverde @kingcounty gov If to the Subgrantee Sarah K. Miller 340 E Main St., Suite 201, Auburn, WA PH (253) 876 -1909 / FAX (253) 939 -7769 skmiller @auburnwa.gov 4. REIMBURSEMENT REQUESTS AND PAYMENT This is a reimbursement contract not to exceed $ 18,750.00 (eighteen thousand seven hundred and fifty dollars and zero 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 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 properly completed Invoice and Progress Report forms, which will be provided to the Subgrantee subsequent to execution of this Agreement. Invoices for eligible 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 King County may also require the Subgrantee to document that funding governed by this Agreement is not being used to replace or supplant existing programs, staff costs, 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 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 Page 2 of 42 SUB GRANT AGREEMENT FFY06- SHSP -CC -009 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 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. 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. 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 to implement the National Incident Management System (NIMS) per DHS requirements as outlined in the 2006 Homeland Security Grant Program Guidelines The Subgrantee and all its subcontractors shall comply 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 polices listed in this section and in Exhibit E. OMB Circulars 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. Singe Audit Act Non - federal entities receiving financial assistance of $500,000 or more in Federal funds from all sources, direct and indirect, are required to have a single or a program - specific audit conducted in accordance 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 Page 3 of 42 SUB GRANT AGREEMENT FFY06- SHSP -CC -009 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). The Subgrantee shall include the above audit requirements in any subcontracts. 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 By signing and submitting this Agreement, the Subgrantee is providing the signed certification set out below The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into If it is later determined that the Subgrantee knowingly rendered an erroneous certification, the Federal Government 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 learns 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," "lower tier covered transaction," "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 29] 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, declared 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 8. 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 achieve(s) the goals stated in the Scope of Work and falls within the grant requirements Page 4 of 42 SUB GRANT AGREEMENT FFY06- SHSP -CC -009 9. 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 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 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 10. 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 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. 11. 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 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 certification of self - insurance shall be attached hereto and be incorporated by reference and shall constitute compliance with this section. Page 5 of 42 SUB GRANT AGREEMENT FFY06- SHSP -CC -009 12. 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 13. SEVERABILITY 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 of this Agreement 14. APPROVAL This Agreement shall be subject to the written approval of King County's authorized representative and shall not be binding until so approved THIS AGREEMENT, consisting of 6 pages and 5 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 Name & 1_e Title b W s I`2cyar SEP 1 0 2007 Date 997 KING COUNTY BY r Jeff Bowers, Acting Director Date Page 6 of 42 SUB GRANT AGREEMENT FFY06- SHSP -CC -009 Exhibit A SCOPE OF WORK General Information Project Number: FFY06 -SHSP -009 Project Title: City of Auburn Spanish CERT and Continuing Education Sub Grantee Name: City of Auburn Contact Person: Sarah K Miller Job Title: _ Emergency Preparedness Manager Address: 340 E Main St , Suite 201 Phone: (253) 876 -1909 Fax: (253) 939 -7769 Email: skmiller @auburnwa gov Page 7 of 42 SUB GRANT AGREEMENT FFY06- SHSP -CC -009 Exhibit A SCOPE OF WORK Investment Justification Check the Investment Justification that best describes your project For SHSP 8 LETPP Pro'ects: ❑ Enhance Regional Collaboration and Sustain Existing Regional Programs ❑ Enhancement of Responder Team Capabilities to Operate in CBRNE Environment ❑ Sustained Citizen Corps Activities and Increased Public Education Efforts ❑ Critical Infrastructure Identification, Assessment, Planning and Target Hardening ❑ Build Regional Interoperable Communications Capabilities ❑ Law Enforcement Specialized Response and Investigation Resources ❑ Medical Response Capability Enhancements ❑ Analytical Support for Fusion Center and Regional Intelligence Groups ❑ Regional and State Agency NIMS Implementation Activities ❑ Development and Enhancement of Type III Incident Management Teams ❑ Animal Mass Depopulation and Disposal Plan Development and Execution ❑ Build Resource, Patient and Volunteer Tracking Systems for Status and Credentialing ❑ HRSA/Homeland Security Hospital Preparedness Integration ❑ Medical and Health Laboratory Capacity Enhancements Page 8 of 42 SUB GRANT AGREEMENT FFY06- SHSP -CC -009 Exhibit A SCOPE OF WORK Goal & Objective For SHSP & LETPP Pro'ects: Use BOTH documents below to identify one Goal & Objective in each that best represents this project In The Washington Statewide Homeland Security Strategic Plan (Start at PAGE PREPAREDNESS Priority: Training, equipping, exercising emergency responders and the statewide incident management system to assure readiness for complex emergency responses Goal 5.4 To train and educate citizens, volunteers, tribal nations, the business community, the media and government on how to prepare for, respond to and recover from acts of terrorism Objective 5.4.1 Further develop the all- hazards public education program to include terrorism homeland security related topics to provide citizens information on how to prepare for, recognize, report and respond to an act of terrorism In Region 6 Homeland Security Strategic Plan (Start at PAGE 24) Regional Priority VI. Develop Region -wide Public Information, Public Education, and Outreach Strategies Goal C. Increase public awareness of hazards and risks to promote self - reliance and personal safety Objective 2. Utilize neighborhood groups, such as Citizen Corps Councils and Community Emergency Response Teams (CERT) Page 9 of 42 SUB GRANT AGREEMENT FFY06- SHSP -CC -009 Exhibit A SCOPE OF WORK Project Description Describe your project using a maximum of two pages by answering ALL of the following questions separately. 1 Provide a description of your project (who / what / where / when / why / how). Part 1 The Auburn Area (aka White River Valley) Citizen Corps Council desires to provide continuing support for the CERT program starting in September 2007 Currently, the program lacks basic materials needed to support its continuation, including basic training and continuing education The Council's desire is to provide project management support (in the form of a consultant) to the City of Auburn to plan and manage monthly continuing education activities for previous CERT grads, as well as to coordinate new classes and provide support to the Council Further, the Council desires to enhance the current program by providing necessary training aids, including a rescue "dummy ", triage belts, and Tong -term storage Finally, as part of continuing education for existing members, the Council wishes to issue CERT field guides to all current team members Part 2 The Council will also provide one CERT training course in Spanish, utilizing instructors from City of Auburn Emergency Management and the Valley Regional Fire Authority Some materials will be translated into Spanish and made available to anyone who wants them 2 What is the purpose of the project? Part 1 The first purpose of this project is to enhance learning and training opportunities for both existing and future CERT members Part 2 The primary purpose of this project is to provide disaster preparedness and CERT training to people who speak Spanish The secondary purpose is to solicit potential instructors who could teach the program in Spanish, eliminating the need for translators for future offerings _ 3 What problem does the project solve? Part 1 The current program must rely upon assistance from other agencies to conduct basic training Rescue "dummies" must be borrowed from surrounding programs and driven to Auburn for training activities Equipment must also be borrowed from the Valley Regional Fire Authority's (VRFA) public education division This equipment includes triage belts, a storage container, and a fire prop The newly formed Fire Authority has already suggested that the CERT program obtain its own equipment, in order to ensure its continued use and availability Currently, CERT supplies are stored in a 40 foot rusted out, leaky cargo container that is owned by the VRFA This is not acceptable, as the container does not provide adequate protection for CERT supplies It is also not possible to secure the container, meaning that things could be taken without permission The City of Auburn has a staff person available to support the CERT program, but this person is currently only funded for 3 days per week This grant would provide consulting that would relieve the part-time staff person of CERT responsibilities, ensuring consistency and dedicated time for the project Page 10 of 42 Exhibit A SCOPE OF WORK SUB GRANT AGREEMENT FFY06- SHSP -CC -009 Part 2 Currently there is no organized disaster preparedness activity in this community for those who speak Spanish This project will train up to 30 members of the Spanish speaking community in basic disaster preparedness skills 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, is a component of the USA Freedom Corps that focuses on opportunities for people to participate in a range of measures 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 community's first responders, firefighters, emergency health care providers, law enforcement, and emergency managers with its volunteers 5 What activities need to be completed to finish the project? If the project will be implemented in phases, identify this clearly and tie them to your timeline in the following section j A storage container will be purchased and located on City of Auburn property for storage of CERT related supplies and materials New supplies and materials will be purchased, including a rescue "dummy ", CERT field guides, triage belts, materials for a fire prop and additional CERT vests Spanish CERT manuals will be printed Locally used materials, including PowerPoint presentations and some handouts, will be translated into Spanish i Instructors, possibly through translators, will teach the course The project will be supported by a project management consultant who will work approximately 15 -19 hours per week, from September 2007 to February 2008 6 What are the tangible results and / or deliverables of the project ?_ _ _ __ _ _ __ Tangible results of this project will be monthly continuing education activity for all local CERT members, as well as supplies and materials to support current and future classes Updated PowerPoint presentation will be translated into Spanish and made available to all interested parties after translation is complete, material has been used in a course, and edits have been_made as necessary Delivery_date no later than 2 /28/2008 _ _ 7 How will the grant funds be used to support this project? Grant funds will be used to pay for CERT Field Guides, Triage Belts/Tape, Vests, materials to make fire prop, refreshments, storage container, and a rescue dummy. Funds will also be used to pay for manual printing costs, overtime pay and benefits for instructors Support for both projects will be provided by a project management consultant who will work on recruiting, class organization, registration processes, instructor scheduling, and other project related activities Page 11 of 42 SUB GRANT AGREEMENT FFY06- SHSP -CC -009 Exhibit A SCOPE OF WORK Project Timeline Make a timeline that includes measurable activities for task completion and critical dates. Project must be completed and delivered prior to 02/29/2008 If your project involves purchase of equipment, allow 3 months for equipment approval process to be completed which will happen before the contract is executed Activity Estimated Completion Date Translate Spanish materials and recruit Spanish speaking participants Print Spanish course materials, purchase all equipment, materials, and supplies Submit bi- monthly report to King County Office of Emergency Management Begin Spanish CERT Course Submit bi- monthly report to King County Office Emergency Management _ Complete last of 6 continuing education activities Complete Spanish CERT course, making revisions to printed materials, make available to King County OEM Final report and all invoices due to King County Office of Emergency Management Page 12 of 42 10/15/2007 i 10/31/2007 10/31/2007 12/31/2007 12/31/2007 2/29/2007 2/29/2007 2/29/2007 SUB GRANT AGREEMENT FFY06- SHSP -CC -009 Exhibit B BUDGET Allowable Costs Using Appendix D - ALLOWABLE COST MATRIX of FY06 Grant Guidelines, identify the allowable costs that best represent this project fl Appendix D - ALLOWABLE COST MATRIX Allowable Planning Costs Establish, enhance, or evaluate Citizen Corps related volunteer programs Allowable Equipment Costs • Mainly other authorized equipment Page 13 of 42 1 SUB GRANT AGREEMENT FFY06- SHSP -CC -009 Exhibit B BUDGET Budget Summary Check the option that is appropriate for your project. ❑ This is not a pass through project (KCOEM Projects ONLY) ® This is a pass through project (All other projects) IMPORTANT NOTE: This is a reimbursement grant Fill out the budget table using the correct budget category for your project expenses For Goods & Services you MUST specify what the amount is for and indicate the budget category If your project requires purchase of equipment, you should fill out the Equipment Budget Detail Worksheet (see next section) and then type the Equipment Purchase Total Cost from the Worksheet into this Budget Table Use the TAB key to move between cells in the table (left to right) - DO NOT USE ENTER KEY Item Description Equipment Planning $7,500 00 Budget Training Category Exercise Equipment $5,441 00 Consultant Fees Salaries & Benefits (not for payment of overtime . Overtime / Backfill $5,000 00 Travel & Per Diem Goods & Services - Please Specify $809 00 $5,441.00 Total Amount Per Budget Category $13,309.00 $ 0.00 $ 0.00 GRAND TOTAL (NOT TO EXCEED Project Cost or Award Amount $18,750.00 ❖ 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 Page 14 of 42 SUB GRANT AGREEMENT FFY06- SHSP -CC -009 Exhibit C EQUIPMENT C -1 EQUIPMENT MANAGEMENT All equipment purchased under this Agreement by the Subgrantee will be recorded and maintained in an equipment inventory system. 1. 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. 2. The Subgrantee, or a recognized sub - grantee shall be responsible for any and all operation and maintenance expenses and for the safe operation of their equipment including all questions of liability. 3. The Subgrantee shall maintain equipment records that include: a description of the property; the manufacturer's serial number, model number, or other identification number; the source of the equipment, including the Catalogue of Federal Domestic 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 information was reported; and disposition data including the date of disposal and sale price of the property. 4. Records for equipment shall be retained by the Sub granteee for a period of six years from the date of the disposition, replacement or transfer. If any litigation, claim, or audit is started before the expiration of the six year period, the records shall be retained by the Sub grantee until all litigations, claims, or audit findings involving the records have been resolved 5. The Subgrantee shall take a physical inventory of the equipment and reconcile the results with the property records at least once every two 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. The Subgrantee shall, in connection with the inventory, verify the existence, current utilization, and continued need for the equipment. 6. The Subgrantee shall develop a control system to ensure adequate safeguards to prevent loss, damage, and theft of the property. Any loss, damage or theft shall be investigated and a report generated. 7 The Subgrantee will develop adequate maintenance procedures to keep the property in good condition. 8. If the Subgrantee is authorized or required to sell the property, proper sales procedures must be established to ensure the highest possible return. 9. 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 Tess 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 market value of more than $5,000 may be retained or sold and the Subgrantee shall compensate the Federal - sponsoring agency for its share As sub - grantees of federal funds the Subgrantee must pass on equipment management requirements that meet or exceed the requirements outlined above for all sub - grantees who receive pass -thru funding from this contract. Page 15 of 42 SUB GRANT AGREEMENT FFY06- SHSP -CC -009 Exhibit C EQUIPMENT Page 1 of 1 Valverde, Christa From: MacSparran, Don (EMD) [D MacSparran @emd wa goy] Sent: Wednesday, May 02, 2007 12 39 PM To: Cole, Chnsta Cc: Chapman, Alec, Bowers, Jeff, Tassoni, Peter (EMD) Subject: Equipment Approvals, SHSP FY06 (May 2, 2007) Attachments: King County, SHSP FY06 (Chnsta Cole, Citizen Corps Equipment) xls Christa: The attached SHSP FY06 equipment approval request was vetted through the Equipment Subcommittee on Wednesday, May 2, 2007 and is approved. You may proceed with the purchase of the approved equipment within your contract funds allocation for equipment. Please contact me if you have any questions. Don 9/7/2007 Don MacSparran Equipment Program Manager WA State Emergency Management Division Building 20 - EMD Camp Murray, WA 98430 -5122 (253) 512 -7463 (253) 512 -7207 fax d macsparran@emdwa goy_ Page 16 of 42 SUB GRANT AGREEMENT FFY06- SHSP -CC -009 Exhibit C EQUIPMENT Fiscal Year 2006 State Homeland Security Program Equipment Approval State: Washington Jurisdiction: King County (Citizen Corps) App Date: May 2, 2007 Reg Date: Apr 18.2007 Item No Equipment Category Citizen Corps equipment for the King County CERT program 1 Personal 01ZA -02 -GLVD, Gloves, Outer, Dis.osable Dis•osable doves 2 Protective 01ZA- 02 -GLVW, Gloves, Outer, Work Leather •loves 3 01 ZA- 03 -EYEP, Protection, E e Safe • lasses, safe • oo • les 4 01ZA -06 -HHAT, Hardhat Hardhat 5 01ZA -06 -VEST, Vest Safe /reflective vest 6 CBRNE Operational and Search _ 030E- 03 -KTFA, Kit, First Aid, Trauma T .e First Aid Kits 7 030E -03 -SIGN Sins Sandwich boards, banners 8 030E -04 -LTHH, Light Hand -Held or Helmet - Mounted Illumination Flashlights, light sticks, helmet mounted li • ht , 9 Medical 09ME -01 -COTS Cots Cots 10 09MS -01 -LNEN, Linens Cot . illow cases and sheets 11 09MS- 01 -TTAG, Ta•s and Su•.lies, Tna.e Tna.e ta.e and tria.e ta.s 12 09MS -03 -HYGP, Supplies, Personal Hygiene Instant hand sanitizer, personal hygiene kits 13 09TR- 01MKIT, Su..lies, Moula•e Makeu., manne•uins 14 Power 108C -00 -BATT, Battenes All T .es, Sizes Batteries 15 Other Authorized 21GN -00 -CCEQ, Equipment, Citizen Corps Identifying apparel for events or incidents such as caps, shirts, t- shirts, sweat shirts, patches with logo and jackets 16 21GN -00 -CCEQ, Equipment, Citizen Corps Mockups of utility (gas and propane) valves, breaker boxes fuse boxes, etc 17 21GN -00 -CCEQ, E.ui.ment, Citizen Co .s CERT Kit as sold b vendor 18 21GN-00-CCEQ, E. ui.ment, Citizen Co • s Duffle ba• , back • ack 19 21GN -00 -CCEQ, Equipment, Citizen Corps Tools such as wrench, screwdriver, multi- function knife, multi- function tool scissors • bar 20 21GN -00 -CCEQ, E•ui.ment, Citizen Co •s Ductta•e 21 21GN -00 -CCEQ, E.ui.ment Citizen Co •s Markin. cra on markers chalks 22 21GN -00 -CCEQ, E.ui.ment, Citizen Co .s Portable weather radios, 2 wa radio 23 21GN -00 -CCEQ, E.ui.ment, Citizen Co •s CERT Manuals 24 21GN -00 -CCEQ, Equi.rararvtAnrtaraW7•rr. • .A.1,0,ialtn[:frtaK.ig• • 25 21GN -00 -CCEQ, Equipment, Citizen Corps Regular blankets, emergency blankets, hand warmer •acks 26 21GN -00 -CCEQ, E.ui.ment, Citizen Co •s Slee•in• mats 27 21GN -00 -CCEQ, E.ui•ment, Citizen Co .s Dust masks 28 21GN -00 -CCEQ E.ui•ment, Citizen Co .s Whistles 29 21GN -00 -CCEQ, Equipment, Citizen Corps Fire pan, propane tank, propane fuel, matches 30 21 GN -00 -CCEQ, E. ui. ment, Citizen Co • s Road flares and • ole 31 21GN -00 -SHIP, Shi..in. Items 1 throw h 30 as a• •Iicable 32 21GN -00 -STAX Sales Tax 33 Jurisdiction Total: $80,000.00 Page 17 of 42 SUB GRANT AGREEMENT FFY06- SHSP -CC -009 Exhibit C EQUIPMENT Page 1 of 1 Valverde, Christa From. MacSparran, Don (EMD) [D MacSparran @emd wa goy] Sent: Wednesday, September 05, 2007 2 16 PM To: Valverde, Chnsta, Burcham, Shad Cc: Tassoni, Peter (EMD) Subject. Equipment Approvals, King County, SHSP FY06 (Sep 5, 2007) Attachments:(King County (CC), SHSP FY06 (Chnsta Cole).xls) King County (DNRP), SHSP FY06 (Chnsta Cole) xis, King County (Snoqualmie Tribe), SHSP FY06 (Shad Burcham) xis, King County (SPU), SHSP FY06 (Chnsta Cole) xis Chnsta The attached four SHSP FY06 equipment approval requests were vetted through the Equipment Subcommittee on Wednesday, Sep 5, 2007 and are approved with the following exceptions. • Citizen Corps, Item #2, VHF 2m handheld portable radios are not P25 compliant and are disapproved • Snoqualmie Tribe, Item #3, was not considered by the subcommittee as it was pulled from the request by Shad prior to the meeting • Snoqualmie Tribe, Item #1, the floatation devices are for use only by specialty teams such as dive, swift water rescue, flood search, and rescue teams and are approved with the understanding that they will be used in such capacity You may proceed with the purchase of the approved equipment within your contract funds allocation for equipment Please contact me if you have any questions Don Don MacSparran Acting Homeland Security Section Manager Emergency Management Division 253 - 512 -7463 http / /www emd wa_ govIgrants// rants index shtml 9/7/2007 Page 18 of 42 SUB GRANT AGREEMENT FFY06- SHSP -CC -009 Exhibit C EQUIPMENT Fiscal Year 2006 State Homeland Security Program Equipment Approval State: Washington Jurisdiction: King County (Citizen Corps) Approval Date: Sep 5, 2007 Request Date: Aug 17, 2007 Item No. Equipment Category Item Qty Total Cost Discpl Related Project 1 Medical 09ME -05 -LITR, Litters / Stretchers Litters /Stretchers 5 $1,050 00 EMA (5) Vashon CC 2 Interoperable Communi- cations 06CP 01 PORT, Radio, Portable 23 $277-00 -00 EMI\ Bothell (23) CC Disa..roved on 9 -05 -07 3 CBRNE Logistical Support 19GN -00 -MEGA, System, Public Address, Handheld Megaphone 5 $250 00 EMA (5) Vashon CC 4 19MH -00 -CONT, Containers, Storage Storage container for Citizen Co .s E.uiment 1 $1,500 00 EMA(1) Auburn CC 5 Other Authorized Equipment 21GN -00 -CCEQ, Equipment, Citizen Corps Portable equipment for citizen corps mobile command posts such as chairs, tables, storage boxes, toilet, trash cans, tarps, slee.in. ba.s 5 sets $1,875 00 EMA (5) Vashon CC 6 21GN -00 -CCEQ, Equipment, Citizen Corps Cana. to be used for Citizen Co •s events 1 $300 00 EMA (5) Bothell CC 7 21 GN -00 -STAX Sales Tax $675 40 Jurisdiction Total' $8,350 40 Page 19 of 42 Exhibit D KCOEM / EMD CONTRACT Washington State Military Department CONTRACT FACE SHEET SUB GRANT AGREEMENT FFY06- SHSP -CC -009 yrj ; `'fns r.oGn 1 Contractor Name and Address King County Office of Emergency Management 3511 NE 2nd Street Renton, Washington 98056 2 Contract Amount 82,940,786 S 3 Contract rf tdri ° hOi �t n� 'aEGeOF E07.174 4 Contractor's Contact Person, phone number Rich Tokarzewski, (206) 205 -4061 5 Contract Start Date July 1, 2006 6. Contract End Date April 30, 2008 7 MD Program Manager /phone number Peter Tassoni (253) 512 -7466 8 State Business License # n/a 9 UBI # (state revenue) 578 - 037 -394 -9 10 Funding Authority Washington State Military Department (Department) and the Department of Homeland Security (DHS) 11 Funding Source Agreement # 2006 -GE -T6 -0059 Program Index # & OBJ /SUB -OJ 763SU, 763ST, 763SQ, 763SA, 763SS NZ 13 Catalog of Federal Domestic Asst (CFDA) # & Title 97 067 - SHSP 14 TIN or SSN 91- 6001327 15 Service Districts (BY LEG DIST) 1, 5, 11, 30 -34, 36, 37, 41, 43, 45 -48 (BY CONG DIST) 7, 8, 9 16 Service Area by County(ies) King County 17 Women /Minority- Owned, State Certified'? X N/A ❑ NO ❑ YES, OMWBE # 18 Contract Classification ❑ Personal Services ❑ Client Services X Public/Local Gov't ❑ Collaborative Research ❑ A/E ❑ Other 19 Contract Type (check all that apply) X Contract ❑ Grant ❑ Agreement ❑ Intergovernmental (RCW 39 34) ❑ Interagency 20 Contractor Selection Process X "To all who apply & qualify" ❑ Competitive Bidding ❑ Sole Source ❑ AIE RCW ❑ N/A ❑ Filed w /OFM, ❑ Advertised? ❑ YES ❑NO 21 Contractor Type (check all that apply) ❑ Private Organization /individual ❑ For - Profit X Public Organization /Jurisdiction X Non - Profit ❑ VENDOR X SUBRECIPIENT ❑ OTHER 22 BRIEF DESCRIPTION The Department of Homeland Security (DHS), Office of Grants and Training (G &T) is providing funds to enhance the capability of state and local units of government to prevent, deter, respond to, and recover from incidents of terrorism Involving the use of Chemical, Biological, Radiological, Nuclear, and Explosive (CBRNE) weapons and cyber attacks through the FFY 2006 Homeland Security Grant Program, State Homeland Security Program This funding is being provided to the nine (9) Regional Homeland Security Districts (Regions) to address the unique equipment, exercise, training, planning, and administration needs of local emergency responders IN WITNESS WHEREOF, the Department and Contractor acknowledge and accept the terms of this contract and attachments hereto and have executed this contract as of the date and year written below This Contract Face Sheet, Special Terms and Conditions, General Terms and Conditions, Statement of Work, and Budget govern the rights and obligations of both parties to this contract In the event 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 (c) Special Terms and Conditions (d) General Terms and Conditions, and if attached, (e) any other provisions 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 any of the parties hereto WHEREAS, the parties hereto have executed this contract on the day and year last specified below FOR THE DEPARTMENT F N l 1 r _ -c. -y /24-0_,r- I, r ,L1,r. /2.4 i . Sig ture Date Signature Date Ja es M Mullen, Director f" 1. TAMAk', CAC Emergency Management Division Washington State Military Department for APPROVED AS TO FORM King County Spencer W Daniels (signature on file) 7/20/06 Office of Emergency Management Assistant Attorney General orm 10127/00 kdb FFY 06 State Homeland Security Program Page 1 of -� �.�L� • � rte. .�,.r- .i r7/ .1rw�►ril, 1 . Page 20 of 42 SUB GRANT AGREEMENT FFY06- SHSP -CC -009 Exhibit D KCOEM / EMD CONTRACT SPECIAL TERMS AND CONDITIONS ARTICLE I -- COMPENSATION SCHEDULE: This is a fixed price, reimbursement contract Within the total contract amount, travel, subcontracts, salaries and wages, benefits, printing, equipment, and other goods and services or other budget categones will be reimbursed on an actual cost basis unless otherwise 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, or local travel regulations, whichever is more stringent Receipts and /or backup documentation for any approved budget line items including travel related expenses that are authorized under this contract must be maintained by the Contractor and be made available upon request by the Military Department Some flexibility to shift funds between /among budget categories is allowed as follows. Changes to any single budget category in excess of 10% or $100, whichever is greater, will not be reimbursed without the pnor written authorization of the Department Budget categories are as specified or defined 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 Department's Key Personnel. Financial # /Copies Due Date Quarterly Invoices 1 t 1 Within 30 days following the end of the quarter in which the work was performed nvoices must be submitted no more often than monthly, but at least quarterly. Failure to submit invoices in a imely manner will cause the Department to hold all requests for equipment approval until invoices are submitted. Final Invoice 1 No later than 30th day (shall not exceed overall contract amount) following the contract end date All contract work must end on April 30, 2008, however the Contractor has up to 30 days after the contract end date to submit all final billing Technical # /Copies Due Date Bi- Annual Strategy Implementation Report Electronic Bi- Annual Progress Report Electronic Final Report January 15th and July 15`h of each year of the contract period January 15th and July 15th of each year of the contract period Electronic No later than 30th day following the contract end date All contract work must end on April 30, 2008, however the Contractor has up to 30 days after the contract end date to submit all final reports and /or deliverables The Bi- Annual Strategy Implementation Report will be submitted via G &T's web -based grant reporting tool The Bi- Annual Progress Report and the Final Report will be submitted electronically to his reportinq(a.emd wa qov, utilizing the Exhibit E reporting template ARTICLE III -- KEY PERSONNEL: The individuals listed below shall be considered key personnel. Any substitution must be made by written notification to the Military Department CONTRACTOR MILITARY DEPARTMENT Eric Holdeman, Region 6 Lead Peter Tassoni, Program Coordinator FFY 06 State Homeland Security Program Page 2 of 18 King County OEM E07 -174 Page 21 of 42 SUB GRANT AGREEMENT FFY06- SHSP -CC -009 Exhibit D KCOEM / EMD CONTRACT ARTICLE IV -- ADMINISTRATIVE REQUIREMENTS. The Contractor 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 ARTICLE V -- ADDITIONAL SPECIAL CONDITIONS AND MODIFICATION TO GENERAL CONDITIONS: 1 Funds are provided by the Department of Homeland Security (DHS), Office of Grants and Training (G &T) solely for the purpose of enhancing the capability of state and local units of government to prevent, deter, respond to, and recover from incidents of terrorism involving the use of CBRNE weapons and cyber attacks The Contractor must demonstrate the dual -use nature of any activities implemented under this program that are not explicitly focused on terrorism preparedness. The Contractor shall use the funds to perform tasks as described in the Statement of Work and Budget portions of the Contractor's request for funding, as approved by the Department Funding may not be used to replace or supplant government funding of existing planning or exercise programs 2 The Contractor shall provide a match of $0 of non - federal origin 3 CONTINGENCY LANGUAGE — Contractor acknowledges that since this contract involves federal funding, the period of performance described herein will likely begin prior to the availability of appropriated federal funds 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 performed under this contract prior to distribution of appropriated federal funds 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 if federal funds are not appropriated or are not appropriated in a particular amount ARTICLE VI — EQUIPMENT MANAGEMENT: All equipment purchased under this contract, by the Contractor or a Sub - Contractor, will be recorded and maintained in an equipment inventory system 1 Upon successful completion of the terms of this contract, all equipment purchased through this contract will be owned by the Contractor, or a recognized sub - contractor /sub- grantee for which a contract, sub - grant agreement, or other means of legal transfer of ownership is in place 2 The Contractor, or a recognized sub - contractor /sub - grantee, shall be responsible for any and all operation and maintenance expenses and for the safe operation of their equipment including all questions of liability 3 The Contractor shall maintain equipment records that include a description of the property, the manufacturer's serial number, model number, or other identification number, the source of the equipment, including the Catalogue of Federal Domestic 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 information was reported, and disposition data including the date of disposal and sale price of the property 4 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 audit is started before the expiration 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 5 The Contractor shall take a physical inventory of the equipment and reconcile the results with the property records at least once every two years Any differences between quantities determined by the physical inspection and those shown in the records shall be investigated by the Contractor to determine the cause of the difference The Contractor shall, in connection with the inventory, verify the existence, current utilization, and continued need for the equipment 6 The Contractor shall develop a control system to ensure adequate safeguards to prevent loss, damage, and theft of the property Any loss, damage or theft shall be investigated and a report generated 7 The Contractor will develop adequate maintenance procedures to keep the property in good condition FFY 06 State Homeland Secunty Program Page 3 of 18 King County OEM E07 -174 Page 22 of 42 SUB GRANT AGREEMENT FFY06- SHSP -CC -009 Exhibit D KCOEM / EMD CONTRACT 8 If the Contractor is authorized or required to sell the property, proper sales procedures must be established to ensure the highest possible return 9 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 further obligation 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 10 As sub - grantees of federal funds the Contractor must pass on equipment management requirements that meet or exceed the requirements outlined above for all sub - contractors, consultants, and sub - grantees who receive pass -thru funding from this contract ARTICLE VII — SUBRECIPIENT MONITORING The Department will monitor the activities of the Contractor from award to closeout 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 -thru funds are in compliance with federal and state audit requirements, federal grant guidance, applicable federal and state financial guides, as well as OMB Circular A -133 and A -122 where applicable Monitoring activities may include • review of performance reports, • monitoring and documenting the completion of contract deliverables, • documentation of phone calls, meetings, e-mails and correspondence, • review of reimbursement requests to insure allowability and consistency with contract budget, • observation and documentation of contract related activities, such as exercises, training, funded events and equipment demonstrations, • on -site visits to review equipment records and inventories, verify source documentation for reimbursement requests and performance reports and verify completion of deliverables As sub - grantees of federal funds the Contractor is required to meet or exceed the monitoring activities, as outlined above, for all sub - contractors, consultants, and sub - grantees who receive pass -thru funding from this contract FFY 06 State Homeland Security Program Page 4 of 18 King County OEM E07 -174 Page 23 of 42 SUB GRANT AGREEMENT FFY06- SHSP -CC -009 Exhibit D KCOEM / EMD CONTRACT Exhibit A Subrecipient Washington Military Department GENERAL TERMS AND CONDITIONS 1 DEFINITIONS As used throughout this contract, the following terms shall have the meaning set forth below a "Department" shall mean the Washington Military Department, as a state agency, any division, section, office, unit or other entity of the Department, or any of the officers or other officials lawfully representing that Department b "Contractor" shall mean that firm, organization, group, individual, or other entity performing services under this contract, and shall include all employees of the Contractor It shall include any subcontractor retained by the prime Contractor as permitted under the terms of this contract "Contractor" shall be further defined as one or the other of the following and so indicated on face sheet of the contract 1) "Subrecipient" 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 services rendered and disposition of program funds 2) "Vendor" shall mean a contractor that agrees to provide the amount and kind of service or activity requested by the Department and that agrees to provide goods or services to • be utilized by the Department c "Recipient and /or Pass - Through Entity" means the Washington State Military Department as it is applied to this contract d "Cognizant State Agency" shall mean the state agency from which the subrecipient receives federal financial assistance If funds are received from more than one state agency, the cognizant state agency shall be the agency who contributes the largest portion of federal financial assistance to the subrecipient unless the designation has been reassigned to a different state agency by mutual agreement e "Subcontractor" shall mean one, not in the employment of the Contractor, who is performing all or part of those services under this contract under a separate contract with the Contractor The terms "subcontractor" and "subcontractors" mean subcontractor(s) in any tier f "Grant" - For the purposes herein, the term "grant" may be used to mean "contracts" or "grants" or "agreements" g "CFR" — Code of Federal Regulations h "OMB" — Office of Management and Budget i "RCW" - Revised Code of Washington i "WAC" - Washington Administrative Code 2 SUBRECIPIENT MONITORING a The Washington Military Department (the Department), as a recipient agency, receives federal financial assistance funds for federal programs and is charged with maintaining compliance with federal and state laws and regulations regarding the monitoring, documentation, and auditing of subrecipient grant activities using federal financial assistance funds 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, in particular the OMB Circular A -133, subrecipient audits, and other guidance found in the Federal Register The Department shall adhere to its Subrecipient Monitoring Policy and the Subrecipient Monitoring Procedures (WMD Policy number 00- 025 -05 ) b The Contractor shall perform under the terms of the contract and the Department has responsibility for reasonable and necessary monitoring of the Contractor's performance The Department shall conduct contract monitoring activities on a regular basis Monitoring is defined as any planned, ongoing, or periodic activity that measures and ensures contractor compliance 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 the completion of formal reviews FFY 06 State Homeland Security Program Page 5 of 18 King County OEM E07 -174 Page 24 of 42 SUB GRANT AGREEMENT FFY06- SHSP -CC -009 Exhibit D KCOEM / EMD CONTRACT Monitoring may include periodic contractor reporting to the Department, Department review of audit reports, Invoice reviews, onsite reviews and observations, and surveys Adequate documentation is essential for effective contract monitoring and will Include copies of letters, meeting notes, and records of phone conversations as evidence that conscientious monitoring has occurred during the period of the contract c The Department and the Contractor acknowledge and agree to the following 1) The Department as the pass- through entity (recipient) shall monitor its subrecipients If the Department subawards federal funds to a subrecipient, then the Department staff must monitor the subrecipient 2) Review of the A -133 Single Audit report is a primary monitoring activity used by pass - through entities to ensure compliance 3) Subrecipient monitoring will occur throughout the year rather than relying solely on a once -a -year audit 4) The Department as the pass- through entity (recipient) 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- profit" organizations 3 RECORDS, MONITORING AND AUDIT ACCESS a. The Contractor shall cooperate with and freely participate in any monitoring or evaluation activities conducted by the Department that are pertinent to the intent of this contract b The Contractor shall maintain books, records, documents, and other evidence and accounting procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this contract These records shall be subject at all reasonable times to inspection, review, or audit by personnel duly authorized by the Department, the Office of the State Auditor, and federal officials so authorized by law, rule, regulation, or contract The Contractor will retain all books, records, documents, and other materials relevant to this contract for six (6) years from the end date of the grant through which this contract is funded and make them available for inspection by persons authorized under this provision c The Department or the State Auditor or any of their representatives and federal officials so authorized by law, rule, regulation, or contract shall have full access to and the right to examine during normal business hours and as often as the Department or the State Auditor may deem necessary, all of the Contractor's records with respect to all matters covered in this contract Such representatives shall be permitted to audit, examine, and make excerpts or transcripts from such records and to make audits of all contracts, invoices, materials, payrolls, and records of matters covered by this contract Such rights last for six (6) years from the end date of the grant through which this contract is funded d If any litigation, claim, or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved 4 SINGLE AUDIT ACT REQUIREMENTS (INCLUDING ALL AMENDMENTS) Non - federal entities as subrecipients that expend $500,000 or more in one fiscal year of federal funds from all sources, direct and indirect, are required to have a single or a program - specific audit conducted in accordance with the Office of Management and Budget (OMB) Circular A- 133 - Audits of States, Local Governments, and Non - Profit Organizations (revised June 27, 2003, effective for fiscal years ending after December 31, 2003) Non - federal entities that spend less than $500,000 a year in federal awards are exempt from federal audit requirements for that year, except as noted in Circular No A -133 Circular A -133 is available on the OMB Home Page at http / /www omb qov and then select "Grants Management" followed by "Circulars" Contractors 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 Contractor has the responsibility of notifying the State Auditor's Office and requesting an audit Costs of the audit may be an allowable grant expenditure FFY 06 State Homeland Security Program Page 6 of 18 King County OEM E07 -174 Page 25 of 42 SUB GRANT AGREEMENT FFY06- SHSP -CC -009 Exhibit D KCOEM / EMD CONTRACT The Contractor shall maintain auditable records and accounts so as to facilitate the audit requirement and shall ensure that any subcontractors also maintain auditable records The Contractor 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 Contractor must respond to Department requests for information or corrective action concerning audit issues or findings within 30 days of the date of request The Department reserves the right to recover from the Contractor all disallowed costs 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 if 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 Contractor's fiscal year(s) to Accounting Manager Washington Military Department 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 findings and a copy of the management letter if one was received The Contractor shall include the above audit requirements in any subcontracts 5 ACCESS TO PUBLIC RECORDS a The parties acknowledge that public records, as defined by RCW 42 56 020, that have been made or received by the Department in connection with the transaction of public business are subject to inspection by the public in accordance with RCW Chapter 42 56 and to the extent applicable WAC Chapter 118 -02, except as exempted under RCW 42 56, RCW 43 21F 060(1), or other statutes b In compliance with RCW 39 29 080, the Contractor shall provide access to data generated under this contract to the Department and the State Auditor at no additional cost This includes access to all information that supports the findings, conclusions, and recommendations of the Contractor's reports, including computer models and methodology for those models 6 RECAPTURE PROVISIONS In the event that the Contractor fails to expend funds under this contract in accordance with state laws and /or the provisions of this contract, the Department reserves the right to recapture state funds in an amount equivalent to the extent of the noncompliance Such right of recapture shall exist for a period not to exceed six years following contract termination or audit resolution, whichever is later Repayment by the Contractor of funds under this recapture provision shall occur within 30 days of demand In the event that the Department is required to institute legal proceedings to enforce the recapture provision, the Department shall be entitled to its costs thereof, including reasonable attorney's fees 7 COMPLIANCE WITH APPLICABLE LAW The Contractor and all subcontractors shall comply with, and the Department is not responsible for determining compliance with, any and all applicable federal, state, tribal government, and local laws, regulations, and /or policies This obligation includes, but is not limited to, nondiscrimination laws and /or policies, the Americans with Disabilities Act (ADA), Ethics in Public Service (RCW 42 52), Covenant Against Contingent Fees (48 C F R Sec 52 203 -5), Public Disclosure (RCW 42 56), and safety and health regulations In the event of the Contractor's or a subcontractor's noncompliance or refusal to comply with any law 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 FFY 06 State Homeland Security Program Page 7 of 18 King County OEM E07 -174 Page 26 of 42 SUB GRANT AGREEMENT FFY06- SHSP -CC -009 Exhibit D KCOEM / EMD CONTRACT 8 NONDISCRIMINATION During the performance of this contract, the Contractor shall comply with all federal and state nondiscrimination statutes and regulations These requirements include, but are not limited to a Nondiscrimination in Employment The Contractor shall not discriminate against any employee or applicant for employment because of race, 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 Such action shall include, but not be limited to, the following Employment, upgrading, demotion, or transfer, recruitment or recruitment selection for training, including apprenticeships and volunteers 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 9 AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101 -336, 42 U S C 12101 et seq also referred to as the "ADA" 28 CFR Part 35 and its implementing regulations The Contractor must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunication 10 PUBLICITY The Contractor agrees to submit to the Department all advertising and publicity relating to this contract wherein the Department's name is mentioned or language used from which the connection of the Department's name may, in the Department's judgment, be inferred or implied The Contractor agrees 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 concerning the Department for any purpose not directly connected with the administration of the Department's or the Contractor's responsibilities with respect to services provided under this contract is prohibited except by prior written consent of the Department 12 CERTIFICATION REGARDING DEBARMENT SUSPENSION OR INELIGIBILITY If federal funds are the basis for this contract, the Contractor certifies that neither the Contractor nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this contract by any federal department or agency If requested by the Department, the Contractor shall complete and sign a Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion form Any such form completed by the Contractor for this Contract shall be incorporated into this Contract by reference Further, the Contractor agrees not to enter Into any arrangements or contracts related to this grant with any party that is on the "General Service Administration List of Parties Excluded from Federal Procurement or Non - procurement Programs" which can be found at www epls qov 13 LIMITATION OF AUTHORITY -- "Authorized Signature" Only the assigned Authorized Signature for the Department or the assigned delegate by writing (delegation to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this contract Furthermore, any alteration, amendment, modification, or waiver of any clause or condition of this contract is not effective or binding unless made in writing and signed by the authorized person 14 CONTRACTOR NOT EMPLOYEE The Contractor, and /or employees or agents performing under this contract are not employees or agents of the Department in any manner whatsoever The Contractor will not be presented as nor claim to be an officer or employee of the Department or of the State of Washington by reason hereof, nor will the Contractor make any claim, demand, or application to or for any right, privilege or benefit applicable to an officer or employee of the Department or of the State of Washington, including, but not limited to, Worker's Compensation coverage, unemployment Insurance benefits, social security benefits, retirement membership or credit, or privilege or benefit which would accrue to a civil service employee under Chapter 41 06 RCW FFY 06 State Homeland Security Program Page 8 of 18 Page 27 of 42 King County OEM E07 -174 SUB GRANT AGREEMENT FFY06- SHSP -CC -009 Exhibit D KCOEM / EMD CONTRACT 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, that the officers and employees are employed by the state of Washington in their own right If the Contractor is an individual currently employed by a Washington State agency, the Department shall obtain proper approval from the employing agency or institution A statement of "no conflict of interest" shall be submitted to the Department 15 NONASSIGNABILITY Neither this contract, nor any claim arising under this contract, nor the work to be provided under this contract, and any claim arising thereunder, shall be assigned or delegated by either party in whole or in part, without the express prior written consent of the other party Consent shall not be unreasonably withheld 16 SUBCONTRACTING All subcontracts entered into pursuant to this contract shall incorporate this contract in full by reference Neither the Contractor nor any subcontractor shall enter into subcontracts for 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 with subcontractors that are entered into after original contract award The Military Department may request a copy of any and /or all subcontracts for work being completed under this contract 17 CONTRACT MODIFICATIONS The Department and the Contractor may, from time to time, request changes to the contract or grant Any such changes that are mutually agreed upon by the Department and the Contractor shall be incorporated herein by written amendment to this contract It is mutually agreed and understood that no alteration or variation of the terms of this 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 contract or application thereof to any person or circumstances is held Invalid, such invalidity shall not affect other terms, conditions, or applications of this contract, which can be given effect without the invalid term, condition, or application To this end, the terms and conditions of this contract are declared severable 19 ADVANCE PAYMENTS PROHIBITED The Department shall make no payments in advance or in anticipation of goods or services to be provided under this contract Contractor shall not invoice the Department in advance of delivery of such goods or services 20 TAXES All payments accrued on account of payroll taxes, unemployment contributions, any other taxes, insurance or other expenses for the Contractor or its staff shall be the sole responsibility of the Contractor 21 TRAVEL AND SUBSISTENCE REIMBURSEMENT Unless the contract specifically provides for different rates, 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 The Contractor may be required to provide to the Department copies of receipts for any travel related expenses that are authorized under this contract 22 GOVERNING LAW AND VENUE This contract shall be construed and enforced in accordance with, and the validity and performance hereof shall be governed by, the laws of the state of Washington Venue of any suit between the parties arising out of this contract shall be the Superior Court of Thurston County, Washington 23 LEGAL RELATIONS Each party to this contract shall be responsible for injury to persons or damage to property resulting from negligence on the part of itself, its employees, agents, officers, or subcontractors Neither party assumes any responsibility to the other party for the consequences of any act or omission of any third party FFY 06 State Homeland Security Program Page 9 of 18 King County OEM E07 -174 Page 28 of 42 SUB GRANT AGREEMENT FFY06- SHSP -CC -009 Exhibit D KCOEM / EMD CONTRACT 24 WAIVER OF DEFAULT Waiver of any default shall not be deemed to be a waiver of any subsequent default Waiver of breach of any provision of the contract shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the contract unless stated to be such in writing, signed by The Adjutant General or his Authorized Department Representative and attached to the original contract 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 resolution team to resolve the dispute The team shall consist of a representative appointed by each party and a third representative mutually agreed upon by both parties The team shall attempt, by majority vote, to resolve the dispute Both parties agree that this disputes process shall precede any action in a judicial or quasi - judicial tribunal Nothing in this section shall preclude the parties from mutually agreeing to a different dispute resolution method in lieu of the procedure outlined above 26 ATTORNEY'S FEES , In the event of litigation or other action brought to enforce contract terms, or alternative dispute resolution process, each party agrees to bear its own attomey's fees and costs 27 TERMINATION OR SUSPENSION FOR CAUSE In the event the Department determines the Contractor has failed to comply with the conditions of this contract in an acceptable and timely manner, the Department has the right to suspend or terminate this contract The Department shall notify the Contractor in writing of the need to take corrective action If the default or violation is not corrected after ten (10) days or within a reasonable timeframe as determined by the Department, the contract shall be deemed terminated 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 and pending corrective action by the Contractor or a decision by the Department to terminate the contract In the event this contract is terminated as provided above, the Department shall be entitled to pursue the same remedies against the Contractor as it could pursue in the event of a breach of the contract by the Contractor The rights and remedies of the Department provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law The existence of facts upon which The Adjutant General or his Authorized Department Representative makes any determination under this clause shall be an issue that may be reviewed as provided in the "Disputes" clause of this contract The termination shall be deemed to be a 'Termination for Convenience" if it is determined that the Contractor (1) was not in default, or (2) failure to perform was outside of their control, fault or negligence The rights and remedies of the Department provided in this contract are not exclusive and are in addition to any other rights and remedies provided by law 28 TERMINATION FOR CONVENIENCE a Notwithstanding any provisions of this contract, the Contractor may terminate this contract by providing written notice of such termination to the Department's Point of Contact identified in the contract, specifying the effective date thereof, at least thirty (30) days prior to such date b Notwithstanding any other provisions of this contract, the Department may, by ten (10) days written notice, beginning on the second day after the mailing of the written notice, terminate this contract, in whole or in part If this contract is so terminated, the Department shall be liable only for payment required under the terms of this contract for services rendered or goods delivered prior to the effective date of termination (Upon notice of termination for convenience, the Department reserves the right to suspend all or part of the contract, withhold further payments, and prohibit the Contractor from incurring additional obligations of funds ) FFY 06 State Homeland Security Program Page 10 of 18 King County OEM E07 -174 Page 29 of 42 SUB GRANT AGREEMENT FFY06- SHSP -CC -009 Exhibit D KCOEM / EMD CONTRACT 29 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 effective date of this contract and prior to normal completion, the Department may terminate the contract Immediately upon notification to the Contractor under Item 28 "Termination for Convenience, Section b ", without the ten (10) day notice requirement Alternatively, the parties may renegotiate the terms of this contract under "Contract Modifications" to comply with new funding limitations and conditions, although the Department has no obligation to do so 30 TERMINATION PROCEDURE Upon termination of this contract the Department, in addition to any other rights provided in this contract, may require the Contractor to deliver to the Department any property specifically produced or acquired for the performance of such part of this contract as has been terminated The Department shall pay to the Contractor the agreed upon price, if separately stated, for completed work and services accepted by the Department, and the amount agreed upon by the Contractor and the Department for (i) completed work and services for which no separate price is stated, (ii) partially completed work and services, (111) other property or services which are accepted by the Department, and (iv) the protection and preservation of property, unless the termination is for default, in which case The Adjutant General or his Authorized Department Representative shall determine the extent of the liability of the Department Failure to agree with such determination shall be a dispute within the meaning of the "Disputes" clause of this contract The Department may withhold from any amounts due the Contractor such sum as The Adjutant General or his Authorized Department Representative determines to be necessary to protect the Department against potential loss or liability The rights and remedies of the Department provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract After receipt of a notice of termination, and except as otherwise directed by the Department, 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, services, or facilities except as may be necessary for completion of such portion of the work under the contract as is not terminated, c Assign to the Department, in the manner, at the times, and to the extent directed by The Adjutant General or his Authorized Department Representative, 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 liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the Department to the extent The Adjutant General or his Authorized Department Representative may require, which approval or ratification shall be final for all the purposes of this clause, e. Transfer title to the Department and deliver in the manner, at the times, and to the extent directed by the Department any property which, if the contract had been completed, would have been required to be furnished to the Department, f Complete performance of such part of the work as shall not have been terminated by the Department, and g Take such action as may be necessary, or as the Department may require, for the protection and preservation of the property related to this contract which is in the possession of the Contractor and in which the Department has or may acquire an Interest AAG Approved 7/20/06 FFY 06 State Homeland Security Program Page 11 of 18 King County OEM E07 -174 Page 30 of 42 Exhibit D KCOEM / EMD CONTRACT SUB GRANT AGREEMENT FFY06- SHSP -CC -009 Exhibit B Statement of Work FFY 2006 State Homeland Security Program Grant INTRODUCTION: The Washington State Military Department Emergency Management Division's (EMD) Homeland Security Section is responsible for programs designed to prepare and improve the State's ability to respond to a CBRNE (Chemical, Biological, Radiological, Nuclear and Explosive) terrorist attack Through the FFY 2006 Homeland Secunty Grant Program, State Homeland Security Program, awarded by the Office of Grants and Training (G &T), EMD is providing funds to enhance the capability of state and local units of government to prevent, deter, respond to, and recover from incidents of terrorism involving cyber attacks and the use of CBRNE weapons This funding is being provided to the nine (9) Regional Homeland Security Districts (Regions) to address the unique equipment, exercise, training, planning, and administration needs of local emergency responders Washington State is subdivided into nine (9) Regional Homeland Security Coordination Districts (RHSCD) Within each of the nine regions a Regional Homeland Security Coordinating Office (RHSCO) has been identified Through the utilization of the established regions a critical continuity of effort relative to these ongoing initiatives will be developed King County has been identified as the Region 6 RHSCO Region 6 consists of King County The King 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 or activities associated with these funds will be coordinated with the counties, cities, and the tribal governments located within the established region 2 Prepare and submit a Bi- Annual Strategy Implementation Report (BSIR), via the web -based grant reporting tool Failure to meet all of the reporting deadlines outlined in the Milestone and Timeline Schedule will prohibit the Contractor from being reimbursed while reports are outstanding 3 Electronically submit progress reports to his reportinq anemd wa qov utilizing the Exhibit E reporting template Failure to meet all of the reporting deadlines outlined in the Timeline will prohibit the Contractor from being reimbursed while reports are outstanding 4 Adhere to all financial and procurement guidance, including competitive processes and other procurement requirements as documented in the Department of Homeland Security (DHS) Financial Guide found at http //www dhs qov /interweb /assetlibrary /Grants FinancialManaqementGuide pdf Local and state procurement and contracting regulations take precedent over these requirements when local and state regulations are more stringent • Adhere to G &T requirements that all sole source contracts over $100,000 be reviewed and approved by the Department prior to execution of a contract This requirement must be passed on to all of the Contractor's sub - contractors, at which point the Contractor will be responsible for reviewing and approving their sub - contractors' sole source justifications • Adhere to G &T 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 the Department before the contract is executed This requirement must be passed on to all of the Contractor's sub - contractors, at which point the Contractor will be responsible for reviewing and approving their sub - contractors' contract 5 The Contractor is required to ensure that all of their sub - contractors are in compliance with the FFY06 Homeland Security Program Grant Guidance through monitoring of expenditures and periodic reviews of equipment inventories 6 Plan and implement equipment purchases, exercises, training, planning and management/administration in accordance with the FFY06 Homeland Secunty Program Grant Guidance, which can be found at http / /www olp usdoi qov /odp /grants programs htm, as well as all subsequent policy changes FFY 06 State Homeland Security Program Page 12 of 18 King County OEM E07 -174 Page 31 of 42 SUB GRANT AGREEMENT FFY06- SHSP -CC -009 Exhibit D KCOEM / EMD CONTRACT 7 All activities under this contract must have a clear correlation to the goals, objectives, and priorities identified in the Washington Statewide Homeland Security Strategic Plan and the Washington State Homeland Security Grant Program Investment Justifications 8 If purchasing equipment, the Contractor must meet the following requirements • Be in compliance with the G &T Authorized Equipment List (AEL), as detailed at http / /wwwl rkb mipt orq/ • Submit all proposed equipment purchases to the Committee on Homeland Security, sub - committee on equipment to ensure that the requested equipment is on the AEL, is aligned with the statewide equipment purchasing strategy, and submit to G &T if necessary • No reimbursement for purchased equipment will occur until the appropriate approvals have been obtained • The overall equipment budget can not be exceeded and over expenditures for any reason, including additional cost of sales tax, shipping, or installation, will be the responsibility of the Contractor • 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 contract and use the state's procurement process and contracts to purchase equipment on behalf of the Contractor This will necessitate an amendment to the contract 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 will be drop shipped to a location designated by the Contractor 9 Exercises that are implemented with grant funds must meet the requirements of the FFY06 State Homeland Security Program grant guidance, be threat and performance based, and should evaluate performance of critical prevention and response tasks required to respond to the exercise scenario Upon completion of the exercise, an After Action Report and an Improvement Plan must be prepared and submitted to the Department within 45 days of completion of the exercise Final reimbursement for related expenditures can not be made until this requirement has been met 10 As a condition of current and future grant funding the Contractor and its sub - grantees /sub- contractors must comply with on -going National Incident Management System (NIMS) compliance requirements as published on the NIMS Integration Center (NIC) web page, www fema qov /nims, or as communicated by the Department 11 The Contractor may not exceed 5% of the total grant award on Management and Administrative expenditures 12 Submit at a maximum monthly and a minimum quarterly, signed and approved invoice vouchers (State Form A -19) to the Department for costs incurred • No costs will be paid in advance of their being incurred by the Contractor • No equipment costs will be reimbursed until the equipment has been received by the Contractor and invoiced by the vendor • 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 to the Department, and local, state, or federal auditors • Requests for reimbursement of equipment purchases will include a copy of the vendor's invoice and packing slip or a statement signed and dated by the Contractor's authorized representative that "all items invoiced have been received in good working order, are operational, and have been inventoried according to contract and local procurement requirements" All contract work must end on the contract end date, however the Contractor has up to 30 days after the contract end date to submit all final billing 13 Complete all work under the contract by the contract end date, to include receipt of equipment items FFY 06 State Homeland Security Program Page 13 of 18 King County OEM E07 -174 Page 32 of 42 SUB GRANT AGREEMENT FFY06- SHSP -CC -009 Exhibit D KCOEM / EMD CONTRACT CONTRACTOR TASKS: 1 Provide technical assistance to local communities as necessary to enable the jurisdiction to successfully meet the requirements and intent of the SHSP grant 2 Attend and participate in the Regional Coordination meetings. 3 Manage and administer the FFY06 SHSP Grant Program 4 Report accomplishments on project deliverables, including but not limited to a NIMS compliance and resource typing, b Equipment purchased and training conducted for Haz Mat, USAR and EDU operations, c County EOC equipment upgrades completed, d Mobile command vehicles and mobile incident communications modules upgraded, operational manual completed, trainings conducted and exercises completed, e Interoperability Communications equipment purchased, installed, tested, trainings conducted and exercises completed, f Incident Management Team trainings completed, g Regional Coordination preparedness, prevention, response and recovery plans, assessments, manuals and procedures completed, h Citizen Preparedness outreach provided and number of contacts reached, i Trainings completed and number of participants trained, t Exercises completed and number of participants, k Equipment purchased 5 If necessary, hire a Subcontractor to assist in accomplishing the contract tasks THE MILITARY DEPARTMENT AGREES TO: 1 Provide technical assistance, expertise, and state coordination with G &T where necessary 2 Reimburse the Contractor within 45 days of receipt and approval of signed, dated invoice vouchers (state form A -19) and all documentation of expenditures as required FFY 06 State Homeland Security Program Page 14 of 18 King County OEM E07 -174 Page 33 of 42 SUB GRANT AGREEMENT FFY06- SHSP -CC -009 Exhibit D KCOEM / EMD CONTRACT MILESTONE TIMELINE FFY 2006 State Homeland Security Grant Program MILESTONE TASK July 1, 2006 Start of grant performance period August 2006 Submission of Initial Strategy Implementation Plan (ISIP) October 2006 Contract Execution January 15, 2007 Submission of BI- annual Strategy Implementation Report (BSIR) & Progress Report July 15, 2007 Submission of Bt- annual Strategy Implementation Report (BSIR) & Progress Report January 15, 2008 Submission of Bi- annual Strategy Implementation Report (BSIR) & Progress Report April 30, 2008 Termination of the contract performance period, all work must end under this grant No later than May 30, 2008 Submit all final reports, invoices for reimbursement and /or deliverables FFY 06 State Homeland Security Program Page 15 of 18 King County OEM E07 -174 Page 34 of 42 Exhibit D KCOEM / EMD CONTRACT PLANNING TRAINING EXERCISE FFY06 Region 6 SHSP Grant DETAILED BUDGET Sub - Category Salaries & Benefits Consultants /Sub - Contracting Goods & Services Travel & Per Diem Pass Thru Other - Indirect 344,000 525,700 55,046 2,000 400,000 Total $ 1,326,746 Sub - Category Salaries & Benefits Overtime Consultants/Sub-Contracting Goods & Services Travel & Per Diem Pass Thru Other 100,000 35,000 10,000 125,000 Total $ 270,000 Sub - Category Salaries & Benefits $ Overtime $ 10,000 Consultants /Sub - Contracting $ 50,000 Goods & Services $ 10,000 Travel & Per Diem $ - Pass Thru $ 75,000 Other $ ;Total $ 145,000 00 MANAGEMENT & ADMINISTRATION Sub - Category Salaries & Benefits Consultants/Sub-Contracting Goods & Services Travel & Per Diem Pass Thru Other SUB GRANT AGREEMENT FFY06- SHSP -CC -009 Exhibit C Funding Source 763SU Funding Source 763ST Funding Source 763SQ Funding Source 763SA $ 140,000 $ $ 5,000 $ 2,040 M&A Total cannot exceed $ $ 147,039 30 $ Total $ 147,040 EQUIPMENT $ 1,052,000 Funding Source 763SS For Detail see Approved Equipment list Exhibit D Total Budget $ 2,940,786 '1 Expenditures may only occur within the categories and sub - categones listed above However, changes of up to 10% can be changed without prior approval from the Department Changes that exceed 10% will require the Contractor submit a budget change request to the Department for approval '2 G &T Grant program requirements affirm that federal funds will be used to supplement existing funds, and will not replace (supplant) funds that have been appropriated for the same purpose r3 Management and Administration expenditures cannot exceed 5% of the total contract award FFY 06 State Homeland Security Program Page 16 of 18 Page 35 of 42 King County OEM E07 -174 Exhibit D KCOEM / EMD CONTRACT SUB GRANT AGREEMENT FFY06- SHSP -CC -009 Exhibit D DEPARTMENT PURCHASED EQUIPMENT FFY 2006 STATE HOMELAND SECURITY GRANT PROGRAM Upon approval of the Contractor the Department will purchase the following equipment on behalf of the Contractor The Department will reimburse the vendor and the equipment will be drop shipped to a location designated by the Contractor Equipment Category Date Approved Item Cost Total Total amount de- obligated under this contract $ FFY 06 State Homeland Security Program Page 17 of 18 King County OEM E07 -174 Page 36 of 42 Exhibit D KCOEM / EMD CONTRACT SUB GRANT AGREEMENT FFY06- SHSP -CC -009 Exhibit E HOMELAND SECURITY BI- ANNUAL PROGRESS REPORT FORM FFY 2006 STATE HOMELAND SECURITY GRANT PROGRAM CONTACT INFORMATION: Jurisdiction Contract# Completed By Email address Telephone Number REPORTING PERIOD: ❑ July 1, 2006 - December 31, 2006 (due January 15th) ❑ January 1, 2007 - June 30, 2007 (due July 15th) ❑ July 1, 2007 - December 31, 2007 (due January 15th) ❑ Close -out Report (due May 30th) 1 How do the projects under this contract meet the overall goals and objectives of the Washington Statewide Homeland Security Strategic Plan and the Washington State Homeland Security Grant Program Investment Justifications? (This question must only be answered for the first reporting cycle, unless projects change during the life of the contract ) 2 What sub - grants have been awarded under this contract? List the agencies and the amounts. (This question must only be answered for the first reporting cycle, unless the list changes dunng the life of the contract ) 3 Describe progress made to -date in development and implementation of each project funded under this contract. 4 Have there been significant successes or challenges to -date, and any that can be foreseen for the future'? Have any issues arisen that will prevent completion of the projects by the contract end date. FFY 06 State Homeland Secunty Program Page 18 of 18 King County OEM E07 -174 Page 37 of 42 SUB GRANT AGREEMENT FFY06- SHSP -CC -009 Exhibit E COMPLIANCE WITH APPLICABLE LAWS AND GRANT REQUIREMENTS 1 Equal Employment Opportunity During the performance of this Subgrant, the Subgrantee shall comply with all federal and state nondiscrimination statutes and regulations. These requirements include, but are not limited to: a Nondiscrimination in Employment. The Subgrantee shall not discriminate against any employee or applicant for employment because of race, color, sex, religion, national 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. b. The Subgrantee shall take affirmative action to ensure that employees are employed and treated during employment without 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 not 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 Disabilities Act, as amended, 42 USC §§ 12101 et seq , 29 CFR Part 1630, 41 CFR § 60 -1 4 2 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, 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. During the performance of this Agreement, the Subgrantee, for itself, its assignees and successors -in- interest agrees as follows: A 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. Page 38 of 42 SUB GRANT AGREEMENT FFY06- SHSP -CC -009 Exhibit E COMPLIANCE WITH APPLICABLE LAWS AND GRANT REQUIREMENTS Ref 20 USC §§ 1681 et seq, Age Discrimination Act of 1975, as amended, 42 USC §§ 6101 et seq; Section 504 of the Rehabilitation Act of 1973, as amended, 29 USC § 794, Americans with Disabilities Act of 1990 (ADA), as amended, 42 USC §§ 12101 et seq. B. 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. C. Information and Reports The Subgrantee shall provide all information and reports required by the regulations or directives issued pursuant thereto 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 regulations, 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. D. 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 becomes involved 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. 3 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 the 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: Page 39 of 42 SUB GRANT AGREEMENT FFY06- SHSP -CC -009 Exhibit E COMPLIANCE WITH APPLICABLE LAWS AND GRANT REQUIREMENTS A. U.S. Department of Justice (DOJ) regulations, "Nondiscrimination on the Basis of Disability in State and Local Government Services," 28 CFR Part 35; B. U.S. Department of Justice regulations, "Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities," 28 CFR Part 36; C. U.S. General Services Administration regulations, "Construction and Alteration of Public Buildings," 41 CFR Subpart 101 -19; D. U.S. Equal Employment Opportunity Commission (EEOC) "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 CFR Part 1630; E. U.S. Federal Communications Commission regulations, "Telecommunications Relay Services and Related Customer Premises Equipment for the Hearing and Speech Disabled ", 47 CFR Part 64, Subpart F. 4 Privacy Act Should the Subgrantee, or any of its subcontractors, or their employees administer any system of records on behalf of the Federal Government, 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 Agreement involves the operation of a system of records on individuals to accomplish a government function, the Subgrantee and any subcontractors and their employees involved therein are considered to be government employees with respect to the government 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 of records on individuals subject to the Act 5 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. 6 Disclosure of Lobbying Activities Agreements in excess of $100,000 require that a Certification Regarding Lobbying, and Disclosure of Lobbying Activities (if appropriate), be completed and submitted to King County as required by 49 CFR Part 20, "New Restrictions on Lobbying." The Subgrantee certifies that it shall not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal Contract, grant or any other award covered by the Byrd Anti- Lobbying Amendment, 31 USC § 1352. The Subgrantee shall disclose the name of any registrant under the Lobbying Disclosure Act of 1995, codified at 2 USC § 1601 et seq., who has made lobbying contacts on its behalf with non - Federal funds with respect to that Federal Contract, grant or award covered by 31 USC § 1352. Such disclosures are to be forwarded to King County. The Subgrantee shall include the language of this certification in all subcontract awards at any tier and require that all recipients of subcontract awards in excess of $100,000 shall certify and disclose accordingly. Ref: 49 CFR Part 20, modified as necessary by 31 USC § 1352. 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Alunoo 6u!>l 01 uo!leo!1!1Jao Jo `uo!ss!wgns 'luawalels `w!e!o lualnpneJ4 Jo `snoililoij 'asiel e saNew 1! 1! mil sa6palMowpe aalueJ6gnS ail sw!elo Jo sluawalelS lualnpnaid Jo asied L SIN3W32i1fO3211MR:19 aNV SMV1 3l81VO1lddV H11M 33NVIldW03 3 lIgigx3 600-O3-dSHS-90A33 1N31A133210V 1NV ens SUB GRANT AGREEMENT FFY06- SHSP -CC -009 Exhibit E COMPLIANCE WITH APPLICABLE LAWS AND GRANT REQUIREMENTS The Subgrantee also agrees to include the requirements of this section in each subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance provided by DHS. Ref 49 CFR Part 19, Appendix A, Section 5 Page 42 of 42 3 King County Office of Emergency Management HOMELAND SECURITY SUBGRANT AGREEMENT - AMENDMENT B Subgrant Agreement #: FFY06- SHSP- CC-009 Project Title: City ofAuburn Spanish CERT and Continuing Education Subgrantee: City of Auburn King County Emergency Management and the Subgrantee mutually agree to AMEND the onginal agreement terms and conditions as follows: BUDGET & PERIOD OF PERFORMANCE. All other terms and conditions of the original Subgrant Agreement remain in force. ❑ 1. SCOPE OF WORK ® 2. BUDGET Item Description Planning J Budget Training Category Exercise Equipment Equipment $4,710 00 Consultant Fees Salanes & Benefits (not for payment of overtime) , $10,130 00 Overtime / Backfill Travel & Per Diem Goods & Services - Please Specify $3,910 00 Total Amount Per Budget Category $14,040.00 $ 0.00 $ 0.00 $4,710.00 GRAND TOTAL (NOT TO EXCEED Project Cost or Award Amount $10,480.00 ® 3. PERIOD OF PERFORMANCE The period of performance under this agreement is being extended from February 29, 2008 to July 31, 2008 to conduct additional CERT activities and further spend down the grant funds. All work must be satisfactorily completed, and all invoices, reports, and deliverables must be submitted, by this amended subgrant end date. Page 1 of 2 IN WITNESS WHEREOF this Amendment has been executed by each party on the date set forth below: CITY OF AUBURN KING COUNTY OFFICE OF ., BY Name, Title Robin Friedman, Director 1 L 4i3r 0, EMERGENCY MANAGEMENT Date Date Page 2 of 2 King County Office of Emergency Management HOMELAND SECURITY SUBGRANT AGREEMENT — AMENDMENT A Subgrant Agreement #: FFY06- SHSP -CC -009 Project Title: City of Auburn Spanish CERT and Continuing Education Subgrantee: City of Auburn King County Emergency Management and the Subgrantee mutually agree to AMEND the original agreement terms and conditions as follows: Move $7500 from Planning / Consultant Fees to Planning / Salaries & Benefits. This does not exceed the 15% established cap and concurrence from EMD has been received on 10/30/2007 as per e-mail enclosed to this amendment All other terms and conditions of the original Subgrant Agreement remain in force. ❑ 1. SCOPE OF WORK See attached amended Scope of Work, Equipment Spreadsheet and Deliverables. ® 2. BUDGET See attached amended Budget(s). ❑ 3. PERIOD OF PERFORMANCE See attached amended Project Timeline. Subject to other original Agreement provisions, the period of performance under this Agreement will be amended to end on , a net extension of days / months. All work must be satisfactorily completed, and all invoices, reports, and deliverables must be submitted, by this amended subgrant end date. IN WITNESS WHEREOF this Amendment has been executed by each party on the date set forth below: Citv of Auburn Name & Title �\ (o(a ,„-ea �7 Date KING COUNTY 1A; ,J Gip BOW' � , • cting Director Date 1 of 4 • Budget Summary Check the option that is appropriate for your project: ❑ This is not a pass through project (KCOEM Projects ONLY) ® This is a pass through project (All other projects) IMPORTANT NOTE: This is a reimbursement grant Fill out the budget table using the correct budget category for your project expenses. For Goods & Services you MUST specify what the amount is for and indicate the budget category. If your project requires purchase of equipment, you should fill out the Equipment Budget Detail Worksheet (see next section) and then type the Equipment Purchase Total Cost from the Worksheet into this Budget Table. Use the TAB key to move between cells in the table (left to nght) - DO NOT USE ENTER KEY Q 1'ul Description Budget Datego�ry Planning Tiraining [gip Equipment Equipment $5,441 00 Consultant Fees Salaries & Benefits (not for payment of overtime) $7,500.00 $5,000 00 Overtime / Backfill Travel & Per Diem Goods & Services - Please Specn $809 00 Total Amount Per Budget Category 0.00 $13,309.00 $ $ 0.00 $ 5441' .00 GRAND TOTAL (NOT TO EXCEED Project Cost or Award Amount $18,750.00 ❖ 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 2 of 4