HomeMy WebLinkAbout4488
RESOLUTION NO. 4488
A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE ACCEPTANCE
OF A GRANT FROM THE KING COUNTY OFFICE OF
EMERGENCY MANAGEMENT IN THE AMOUNT OF TWENTY
THREE THOUSAND FIVE HUNDRED NINETY ONE DOLLARS
AND FIFTY EIGHT CENTS ($23,591.58)
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.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Purpose. The City Council of the City of Auburn hereby
accepts a grant from the King County Office of Emergency Management in the
amount of Twenty Three Thousand Five Hundred Ninety One Dollars and Fifty
Eight Cents ($23,591.58) to fund King County Community Emergency Response
Team supply acquisition and distribution.
Section 2. Implementation. The Mayor of the City of Auburn is hereby
authorized to implement such administrative procedures as may be necessary to
carry out the directions of this resolution.
Resolution No. 4488
May 21, 2009
Page 1
Section 3. Effective Date. This Resolution shall be in full force and effect
upon passage and signatures hereon.
~
SIGNED and DATED this day of June 2009.
CITY OF AUBURN
~
B. LEWIS
MAYOR ATTEST:
Da ' Ile Daskam,
City Clerk
APPROVED AS TO FORM:
D iel B. Hei ,
City Attorney
Resolution No. 4488
May 21, 2009
Page 2
King County Office of Emergency Management
HOMELAND SECURITY SUBGRANT AGREEMENT
SUB GRANT AGREEMENT NUMBER: FFY07 -CCP -001
PROJECT TITLE: KING COUNTY COMMUNITY EMERGENCY RESPONSE TEAM
SUPPLIES
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
FFY07 Homeland Security Grant Program, Citizen Corps Program (CCP), Catalog of Federal
Domestic Assistance (CFDA) # 97.067, State Contract # K298.
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, BUDGET AND APPROVED EQUIPMENT LIST
The Subgrantee will accomplish the work and tasks as set forth in this Agreement including the
Scope of Work, (attached hereto as Exhibit A), Budget (Exhibit B) and Approved Equipment List
(Exhibit C).
2. PERIOD OF PERFORMANCE
The period of performance under this Agreement will be from June 1, 2009 to January 31, 2010.
All work must be satisfactorily completed, and all invoice reimbursement requests, reports, and
deliverables must be submitted to King County Office of Emergency Management, by the end
of this Period of Performance.
3. CONTRACT REPRESENTATIVES
King County's Project Manager on this Agreement shall be Tony Lewis - 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, for the City of Auburn, 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.
Page 1 of 39
Any notice required or permitted under this Agreement shall' be deemed, sufficiently given or
served if-sent to King County or the Subgrantee at the,addresses'provided below:
If to King County:
Tony Lewis
King County Office of Emergency Management
3511 NE 2nd Street
Renton, WA 98056
PH. 206.296.3830 / FAX. 206.205.4056
Tony.Lewis@kingcounty.gov
If to the Subgrantee
Sarah K. Miller
City of Auburn
340 E. Main St , Ste 201
Auburn, WA 98002 -5548
PH 253 876.1909 / FAX 253 939.7769
skmiller @auburnwa gov
4. REIMBURSEMENT REQUESTS AND PAYMENT
This is a reimbursement Agreement and will not to exceed $ 23,590.58 (Twenty -three thousand
five hundred ninety dollars and filly -eight cents) with compensation payable to the Subgrantee
for satisfactory performance of the work under this Agreement. Payment for satisfactory
performance of the work shall not exceed this amount The parties may amend this amount by
mutual agreement
Compensation for satisfactory work performance shall be payable upon receipt of properly
completed Invoice Reimbursement Request, which is available to the Subgrantee at
http / /www metrokc.gov/ prepare/ homelandsecurity /homelandsecurity subgrant aspx
Invoice Reimbursement Request forms for eligible costs may be submitted no more than
monthly and no less than quarterly after expenses have been incurred Supporting
documentation is required for reimbursement of all expenses related to the Scope of Work,
Budget and Approved Equipment List in Exhibits A, B and C. Supporting documentation
includes, but is not limited to, paid invoices to vendors, paid expense claim forms, canceled
checks, etc The documentation must also include the date of payment by the Subgrantee to
ensure that the work was completed within the subgrant period of performance When seeking
reimbursement for equipment, the Subgrantee must also present a Hand Receipt Form 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 Invoice Reimbursement Request. Payment
shall be sent to the address designated by the Subgrantee �n the Invoice Reimbursement
Request form King County may, at its sole discretion, withhold payments claimed by the
Page 2 of 39
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.
5. REPORTING REQUIREMENTS
Narrative Progress Reports are due on a quarterly basis This report must include the
Subgrantee's progress in implementing the Scope of Work, including any problems
encountered and possible cost overruns or under runs If no progress has been made on the
Agreement a report must still be provided quarterly
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, State or Federal officials as so authorized by law
7. EQUIPMENT MANAGEMENT & GENERAL PROGRAM REQUIREMENTS
A. 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 subgrantee shall be responsible for any and all
operation and maintenance expenses and for the safe operation of the 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 Subgrantee for a period of six (6) years
from the date of the disposition, replacement or transfer. If any litigation, claim, or audit is
started before the expiration of the six (6) year period, the records shall be retained by
the Subgrantee until all litigations, claims, or 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 (2) years Any differences
between quantities determined by the physical inspection and those shown in the
Page 3 of 39
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 which will be submitted to King County Office of
Emergency Management
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 less than $5,000
may be retained, sold or otherwise disposed of by the Subgrantee with no further
obligation to the awarding agency.
b Items of equipment with a current per -unit fair 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 subgrantees of federal funds the Subgrantee must pass on equipment management
requirements that meet or exceed the requirements outlined above for all subgrantees who
receive pass -thru funding from this contract
B. GENERAL PROGRAM REQUIREMENTS
Subgrantee must adhere to all financial and procurement guidance, including competitive
process and other procurement requirements as documented in the Department of Homeland
Security (DHS) Financial Guide at
http. / /www dhs gov /xlibrary/assets /Grants FinancialManagementGuide.pdf
Local and state procurement and contracting regulations take precedent over these
requirements when local and state regulations are more stringent.
• Adhere to Office of Grants and Training requirements that all sole source contracts
over $100,000 be reviewed and approved by the King County prior to execution of a
contract This requirement must be passed on to all of the Subgrantee's sub-
contractors, at which point the Subgrantee will be responsible for reviewing and
approving their sub contractor's sole source justification
• Adhere to Office of Grants and Training requirements that all contracts with individual
consultants, that are not competitively bid, and where the consultant will be charging an
excess of $450 per day (excluding travel and subsistence) must be approved by King
County before the contract is executed This requirement must be passed on to all of
the Subgrantee's sub - contractors, at which point the Subgrantee will be responsible for
reviewing and approving their sub - contractor's contract.
No travel or subsistence costs, including lodging and meals, reimbursed under this sub grant
agreement may exceed federal maximum rates which can be found at www.gsa gov
8. COMPLIANCE WITH APPLICABLE LAWS AND GRANT REQUIREMENTS
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
Page 4 of 39
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 requirerents 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 2007 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 alhapplicable federal, state, and local laws, regulations,
and /or policies: This obligation includes, but is not limited to, laws, regulations and policies
listed in this Agreement
A. 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:
1. 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.
2. 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
B. NON - DISCRIMINATION
During the performance of this Agreement, neither the Subgrantee nor any party
subcontracting under the authority of this Agreement shall discriminate on the basis of race,
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.
Page 5 of 39
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 ofthe Civil Rights Act
of 1964.
During the performance of this Agreement, the Subgrantee, for itself, its assignees and
successors -in- interest agrees as follows
1. Nondiscrimination
' The Subgrantee, with regard to the work performed by it during the Agreement, shall not
discriminate on the grounds of race, color, creed, gender, disability, .age or national origin
in the selection and retention of subcontractors. The Subgrantee shall not participate
either directly or indirectly in the 'discrimination prohibited by Section 21.5 of the
Regulations, including employment practices when the Agreement covers a program set
forth in Appendix B of the Regulations
Ref. 20 USC §§ 1681 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.
2. Solicitations for Subcontracts, Including Procurements ,of Materials and Equipment
In all solicitations either by competitive proposal or negotiation made by the Subgrantee for
work to be performed 2under a subcontract each potential subcontractor or supplier shall be
notified by the Subgrantee of the Subgrantee's obligations under this Agreement and the
regulations relative to nondiscrimination on the grounds of race, color, creed, gender,
disability, age or national origin
3 Information and Reports
The Subgrantee shall provide all information and reports required by the regulations or
directives issued pursuant 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.
4 Incorporation of Provisions
The Subgrantee shall include the provisions of paragraphs A through D of this section in
every subcontract, unless exempt by the regulations or directives issued pursuant thereto
The Subgrantee shall take such action with respect to any subcontract or procurement as
King County or DHS may direct as a means of enforcing such provisions, including
sanctions for noncompliance Provided, however, that, in the event the Subgrantee
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
C. AMERICANS WITH DISABILITIES ACT
In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U S C
§ 12112, the Contractor shall comply with the requirements of U S. Equal Employment
Page 6 of 39
Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the
Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons
with disabilities
The Subgrantee is required to comply with all applicable requirements of the Americans with
Disabilities Act of 1990 (ADA), 42 USC §§ 12101, et seq.; Section 504 of the Rehabilitation Act
of 1973, as amended, 29 USC § 794; and, and the following regulations and any amendments
thereto.
1 U S Department of Justice (DOJ) regulations, "Nondiscrimination on the Basis of
Disability in State and Local Government Services," 28 CFR Part 35,
2. U S Department of Justice regulations, "Nondiscrimination on the Basis of Disability by
Public Accommodations and in Commercial Facilities," 28 CFR Part 36,
3. U.S. General Services Administration regulations, "Construction and Alteration of Public
Buildings," 41 CFR Subpart 101 -19;
4 U.S. Equal Employment Opportunity Commission (EEOC) "Regulations to Implement
the Equal Employment Provisions of the Americans with Disabilities Act," 29 CFR Part
1630,
5 U S Federal Communications Commission regulations, "Telecommunications Relay
Services and Related Customer Premises Equipment for the Hearing and Speech
Disabled ", 47 CFR Part 64, Subpart F.
D. PRIVACY ACT
Should the Subgrantee, or any of its subcontractors, or their employees administer any system
of records on behalf of the Federal 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
E. INTEREST OF MEMBERS OF OR DELEGATES OF CONGRESS
Pursuant to 41 USC § 22, no member of or delegate to the Congress of the United States
shall be admitted to any share or part of this Agreement or to any benefit arising therefrom
F. 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
Page 7 of 39
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.
G. FALSE OR FRAUDULENT STATEMENTS OR CLAIMS
The Subgrantee acknowledges that if it makes a false, fictitious, or fraudulent claim, statement,
submission, or certification to King County in connection with this project, the County reserves
the right to pursue the procedures and impose on the recipient the penalties of 18 USC § 1001,
31 USC §§ 3729 and 3801 et seq., and /or 49 USC § 5307(n)(1), as may be appropriate
The Subgrantee agrees to include this clause in all subcontracts awarded under this
Agreement
H. ENERGY CONSERVATION
The Subgrantee agrees to comply with mandatory standards and policies relating to energy
efficiency that are contained in the State Energy Conservation plan issued in compliance with
the Energy Policy and Conservation Act, 42 USC §§ 6321 et seq., and 49 CFR Part 18.
The Subgrantee agrees to include this clause in all subcontracts awarded under this
Agreement
I. ENVIRONMENTAL REQUIREMENTS
The Subgrantee agrees to comply with the applicable requirements of the National
Environmental Policy Act of 1969, as amended, 42 USC §§ 4321, et seq., consistent with
Executive Order No 11514, as amended, "Protection and Enhancement of Environmental
Quality," 42 USC § 4321 note. Council on Environmental Quality regulations on compliance
with the National Environmental Policy Act of 1969, as amended, 42 USC § 4321 et seq. and
40 CFR Part 1500, et seq.
J. PREFERENCE FOR RECYCLED PRODUCTS
To the extent practicable and economically feasible, the Subgrantee agrees to provide a
competitive preference for products and services that conserve natural resources and protect
the environment and are energy efficient. Examples of such products may include, but are not
limited to, products described in the United States EPA Guidelines at 40 CFR Part 247,
implementing section 6002 of the Resource Conservation and Recovery Act, as amended, 42
USC § 6962, and Executive Order 12873
K. PATENT RIGHTS
If any invention, improvement, or discovery of the Subgrantee or any of its Subcontractors is
conceived or first actually reduced to practice in the course of or under this Agreement, and that
invention, improvement, or discovery is patentable under the laws of the United States or any
foreign country, the Subgrantee agrees to notify King County immediately and provide a
detailed report The rights and responsibilities of the Subgrantee and King County with respect
to such invention, improvement or discovery shall be determined in accordance with applicable
Federal laws, regulations, policies, and any waiver thereof
Page 8 of 39
Unless the Federal Government later makes a contrary determination in writing, irrespective of
the Subgrantee's status (Le., a large business, small business, state government or state
instrumentality, local government, nonprofit organization, academic institution, individual), the
County and the Subgrantee agree to take the necessary actions to provide, through DHS, those
rights in that invention due the Federal Government as described in U S. Department of
Commerce regulations, "Rights to Inventions Made by Nonprofit Organizations and Small
Business Firms Under Government Grants, Contracts and Cooperative Agreements," 37 CFR
Part 401
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
L.. 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
M. SINGE AUDIT ACT
Non - federal entities receiving financial assistance of $500,000 or more in Federal funds from
all sources, direct and indirect, are required to have a single or a program - specific audit
conducted in accordance with the U.S Office of Management and Budget (OMB) (Revised
June 27, 2003) Circular A- 133 - Audits of States, Local Governments, and Non - Profit
Organizations. Non - federal entities that spend less than $500,000 a year in Federal awards
are exempt from Federal audit requirements for that year, except as noted in Circular No A-
133
Entities required to have an audit must ensure the audit is performed in accordance with
Generally Accepted Auditing Standards (GAAS), Government Auditing Standards (the
Revised Yellow Book) developed by the Comptroller General and the OMB Compliance
Supplement.
The Subgrantee has the responsibility of notifying the State Auditor's Office and requesting an
audit, if required
The Subgrantee shall maintain its records and accounts so as to facilitate the audit
requirement and shall ensure that any subrecipients or subcontractors also maintain auditable
records
The Subgrantee must send a letter stating there has been a single audit completed and there
were no findings or if there were findings, the letter should provide a list of the findings In
addition to sending a copy of the audit, the Subgrantee must include a corrective action plan
for any audit findings and a copy of the management letter if one was received
The Subgrantee must send this letter to King County no later than nine (9) months after the
end of the Subgrantee's fiscal year(s).
The Subgrantee shall include the above audit requirements in any subcontracts
Page 9 of 39
N. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, OR INELIGIBILITY
If Federal funds are the basis for this contract, the Subgrantee certifies that neither it nor its
principals are presently debarred, suspended, proposed for debarment, declared ineligible,' or
voluntarily excluded from participation in transactions 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," "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
9. AMENDMENTS
This Agreement may be amended only by written concurrence of both parties. Amendments to
Scope of Work (Exhibit A), Budget (Exhibit B) and Approved Equipment List (Exhibit C) will only
be approved if the proposed amendment is consistent with State and Federal granting agency
rules. Except for changes in Equipment and Salaries & Benefits on the Budget (Exhibit B), up
to ten percent (10 %) of the total .award amount may be shifted between' the other approved
budget categories and sub categories For Equipment, Salaries & Benefits or amounts over ten
percent (10 %), the Subgrantee must submit a written budget amendment request for approval
Such requests will only be approved if the proposed charige(s) is (are) consistent with and /or
achieve(s) the goals stated in the Scope of Work (Exhibit A) and falls within the grant
requirements.
10. TERMINATION
This Agreement may be terminated by King County, in whole or in part, for convenience without
cause prior to the end of the Period of Performance, upon thirty (30) calendar days advance
written notice.
This Agreement may be terminated by either party, in whole or in part, for cause prior to the end
of the Period of Performance, upon thirty (30) calendar days advance written notice Reasons
for termination for cause may include but not be limited to. material issues of nonperformance
misuse of funds, and /or failure to provide grant - related invoices, reports, or any requested
documentation
Page 10 of 39
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.
11. HOLD HARMLESS AND INDEMNIFICATION
The Subgrantee shall protect, indemnify and hold harmless King County, its officers, officials,
agents, and employees from and against any and all claims, costs, and /or issues whatsoever
occurring from any and all actions by the Subgrantee and /or its subcontractors pursuant to this
Agreement The Subgrantee shall defend at its own expense any and all claims, demands,
suits, penalties, losses, damages, or costs of any kind whatsoever (hereinafter "claims ")
brought against King County arising out of or incident to the Subgrantee's execution of,
performance of or failure to perform this Agreement. Claims shall include but not be limited to
assertions that the use or transfer of any software, book, document, report, film, tape, or sound
reproduction or material of any kind, delivered hereunder, constitutes an infringement of any
copyright, patent, trademark, trade name, and /or otherwise results in unfair trade practice.
In the event the County incurs attorney fees and /or costs in the defense of claims within the
scope of the paragraph above, such attorney fees and costs shall be recoverable from the
Subgrantee. In addition King County shall be entitled to recover from the Subgrantee its
attorney fees, and costs incurred to enforce the provisions of this section.
12. INSURANCE
Subgrantee shall provide and maintain and shall cause its subcontractors to provide and
maintain Commercial General Liability in the minimum amount of $1,000,000 per occurrence
and $ 2,000,000 in the aggregate King County, its officers, officials, agents and employees
shall be named as additional 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
submitted to King County Office of Emergency Management and shall constitute compliance
with this section
13. SCHEDULE OF EXPENDITURES OF FINANCIAL ASSISTANCE
King County Government Subgrantees should not include expenditures incurred by your
agency and reimbursed by DHS through King County Office of Emergency Management on
your annual Schedule of Expenditures of Financial Assistance King County Office of
Emergency Management, the lead agency for this federal award, is responsible for
including these expenditures on their Schedule of Expenditures of Financial Assistance.
Page 11 of 39
14. ENTIRE CONTRACT/WAIVER OF DEFAULT
This Agreement is the complete expression of the agreement of King County and the
Subgrantee hereto, and any oral or written representations or understandings not incorporated
herein are excluded Waiver of any default shall not be deemed to be a waiver of any
subsequent default. Waiver of breach of any provision of this Agreement shall not be deemed
to be waiver of any other or subsequent breach and shall not be construed to be an amendment
of the terms of this Agreement unless stated to be such through written approval by both parties
and shall be attached to the original Agreement
15. 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.
16. 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 12 pages and 4 attachments, is executed by the persons
signing below who warrant and represent that they have the authority to execute the
Agreement.
IN WITNESS WHEREOF this Agreement has been executed by each party on the date set forth
below
UBURN
Name & Title
Date
Page 12 of 39
KING COUNTY
BY
Robin Friedman, Director
Date
EXHIBIT A:
A -1
GENERAL INFORMATION:
Project Title: King County Community Emergency Response Team Supplies
Sub Grantee's Name: City of Auburn
Contact Person: Sarah K Miller
Job Title: Emergency Preparedness Manager
Complete Address: 340 E Main St Suite 201. Auburn. WA 98002
Phone: 253 -876 -1909
Fax: 253 - 939 -7769
E -Mail: skmillerauburnwa cr gov
A -2 INVESTMENT JUSTIFICATION:
Check ONE Investment Justification from the grant that will fund your project that best
describes it.
SHSP & LETPP Projects:
❑ NIMS Implementation Activities
❑ Regional Collaboration and Coordination
❑ Analytical Support for Fusion Center and Regional Intelligence Groups
® Community Preparedness and Participation
❑ Law Enforcement Investigation Resources & Specialized Response
LI Strengthen CBRNE Detection, Response, and Decontamination Capabilities
❑ Critical Infrastructure Protection
❑ Catastrophic Planning
❑ Interoperable Communications
❑ Medical Response Capability Enhancements
UASI Projects:
❑ Regional Counter - Terrorism Center Enhancement
❑ WMD /CBRNE /Hazmat response, decontamination, and mass casualty care
❑ Law Enforcement Comprehensive CBRNE & Counter Terrorism Operations &
Investigations
❑ Critical Infrastructure Protection (CIP)
❑ Citizen Preparedness
❑ Catastrophic Planning
❑ Interoperable Communications -- Regional
Page 13 of 39
A -3 GOAL & OBJECTIVE
SHSP & LETPP Projects:
Identify ONE Goal and ONE Objective in the Washington Statewide Homeland Security
Strategic Plan that best represents the project (The DESCRIPTIONS are not subjective -
use the descriptions from the Plan)
GOAL #: 5 4
GOAL DESCRIPTION- To train and educate citizens, volunteers, tribal nations, the
business community, the media and government on how to prepare for, respond to
recover from acts of terrorism
OBJECTIVE #. 5 4 1
OBJECTIVE DESCRIPTION: 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
Identify ONE Goal and ONE Objective in the Region 6 Homeland Security Strategic Plan
that best represents the project (The DESCRIPTIONS are not subjective - use the
descriptions from the Plan)
REGIONAL PRIORITY # VI
REGIONAL PRIORITY DESCRIPTION Develop Region -Wide Public Information, Public
Education and Outreach Strategies
GOAL #.
GOAL DESCRIPTION Increase public awareness of hazards and risks to promote
self - reliance and personal safety.
OBJECTIVE #. 2
OBJECTIVE DESCRIPTION. Utilize neighborhood groups, such as Citizen Corps
Councils and Community Emergency Response Teams (CERT)
UASI Projects:
Identify ONE Goal and ONE Objective in the UASI Seattle -King County. Urban Area
Strategy that best represents the project (The DESCRIPTIONS are not subjective - use
the descriptions from the Plan)
GOAL #:
GOAL DESCRIPTION.
OBJECTIVE #
OBJECTIVE DESCRIPTION
Page 14 of 39
A-4 PROJECT DESCRIPTION:
Describe your project using a maximum of two pages by answering ALL of the following
questions separately using complete sentences
1 Provide a description of your project (who`/ what / where / when / why / how)
With funds received, equipment and supply support will be provided to all Community
Emergency Response Team (CERT) programs in King County. The King County
Citizen Corps Sub - Committee Steering Committee allocated $23,590 58 to provide
CERT programs within King County with equipment and supplies (identified below)
For the purposes of this grant funding, qualifying programs are defined as programs
which teach the entire 20 hour CERT curriculum as outlined by the Federal Emergency
Management Agency (FEMA) and which are properly registered on the national Citizen
Corps website. Funds will be allocated equally among all qualified programs and
programs will be able to choose from a variety of items, the dollar value of which
equals their allocated portion
Auburn Emergency Management will be the point of contact for this grant request.
2. What is the purpose of the project?
The purse of the project is to provide supplies and equipment to established CERT
programs in King County to assist in their continued operation
3 What problem does the project solve?
The problem this project solves is the lack of funding that currently exists in programs
throughout the county Supplies and equipment are necessary to run CERT programs
and this grant will provide necessary items vital to continued program existence.
4 How does the project enhance local / regional homeland security and preparedness for
CBRNE / Terrorist / WMD incidents'?
Coordinated by the Department of Homeland Security (DHS), Citizen Corps and its
programs are a component of the USA Freedom Corps that focuses on opportunities
for people to participate in a range of measures to make their families, homes and
communities safer from the threats of terrorism, crime, and disasters of all kinds.
Citizen Corps also bnngs 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.
a Establish vendor(s)
b Distribute equipment selection lists to individual CERT programs
c Purchase equipment
Page 15 of 39
d. Receive and inventory equipment
e. Distribute equipment to King County jurisdictions pursuant to their requests.
6. What are the tangible results and / or deliverables of the project?
The tangible results of this project will be supplies and equipment provided to
jurisdictional CERT programs to support continued program operation.
7. How will the grant funds be used to support this project?
Grant funds will be used to support this project by purchasing equipment and supplies
required to operate successful CERT programs and distributing those items to
programs that need them.
A -5 PROJECT TIMELINE:
Make a timeline that includes measurable activities for task completion and critical dates.
Project must be completed and delivered prior to end date identified by KCOEM Grant
Manager Narrative Progress Reports are required to be submitted on a quarterly basis (or
more frequently if required by the KCOEM Grants Manager) The dates for these reports
are January 15, April 15, July 15 and October 15. If your project started 1 month prior to a
narrative progress report due date, you may wait until the following quarter or if your
subgrant ends within 1 month of a narrative progress report you may submit with the final
invoice. Include in the timeline submission of invoices reimbursement requests to KCOEM
and the end of project report to KCOEM. 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.
Estimated
Activity Completion Date
(Month /Date/Year)
Gather program equipment and supply requests and purchase
e• ui sment
10/31/2009
Purchase es ui. ment and sus .lies
11/30/2009
Invento and distribute e• ui.ment and sus 'lies
12/31/2009
Submit narrative sro.ress resort
1/15/2010
End of Contract - All documents, reports and billings submitted
to KCOEM
1/31/2010
Page 16 of 39
EXHIBIT B:
B -1 ALLOWABLE COSTS:
Using Appendix D - ALLOWABLE COST MATRIX of FFY07 -HSGP Program
Guidance & Application Kit identify (by checking the box) the allowable
costs that best represent this project
PLANNING:
❑ Public education & outreach
❑ Develop and implement homeland security support programs and adopt
ongoing DHS National Initiatives
❑ Develop and enhance plans and protocols
❑ Develop or conduct assessments
❑ Establish, enhance, or evaluate Citizen Corps related volunteer programs
❑ Hiring of full- or part-time staff or contract/consultants to assist with planning
activities (not for the purpose of hiring public safety personnel fulfilling
traditional public safety duties)
❑ Conferences to facilitate planning activities
❑ Materials required to conduct planning activities
❑ Travel /per diem related to planning activities
❑ Overtime and backfill costs (IAW operational Cost Guidance)
❑ Other project areas with prior approval from G &T
TRAINING:
❑ Overtime and backfill for emergency preparedness and response personnel
attending G &T- sponsored and approved training classes and technical
assistance programs
❑ Overtime and backfill expenses for part-time and volunteer emergency
response personnel participating in G &T training
❑ Training workshops and conferences
❑ Full- or part-time staff or contractors /consultants
❑ Travel
❑ Supplies
❑ Tuition for higher education
❑ Other Items
Page 17 of 39
EXERCISE:
❑ Design, Develop, Conduct and Evaluate an Exercise
❑ Exercise planning workshop
❑ Full- or part-time staff or contractors /consultants
❑ Overtime and backfill costs, including expenses forpart-time and volunteer
emergency response personnel participating in G &T exercises
Implementation ofiHSEEP
❑ Travel
❑ Supplies
❑ Other Items
EQUIPMENT:
® Personal Protective
❑ Explosive Device Mitigation and Remediation Equipment
® CBRNE Operational Search and Rescue Equipment
❑ Information Technology
❑ Cyber Security Enhancement Equipment
❑ Interoperable Communications Equipment
❑ Detection Equipment (not eligible under LETPP)
❑ Decontamination Equipment (not eligible under LETPP) ,
❑ Medical Supplies and Limited Pharmaceuticals (not eligible under LETPP)
® Power Equipment
❑ CBRNE Reference Materials
❑ CBRNE Incident Response Vehicles
❑ Terrorism Incident,Prevention Equipment
❑ Physical Security Enhancement Equipment
❑ Inspection and Screening Systems Agriculture Terrorism Prevention,
Response, and Mitigation (not eligible under for LETPP)
❑ Equipment
❑ CBRNE Response Watercraft
❑ CBRNE Aviation Equipment (not eligible under LETPP)
CBRNE Logistical'Support Equipment
❑ Intervention Equipment
® Other Authorized Equipment (Sales Tax, Shipping, and Training on
Purchased Equipment etc )
Page 18 of 39
B -2 BUDGET SUMMARY:
Fill out the budget table using the correct budget category for your project
expenses. For ALL item descriptions you MUST specify what the amount is
for using question Z section A-4 of Exhibit A Double click within the table
to enter information. The budget category(ies) must reflect the allowable
costs (section B -1).
Item Description
Equipment
Budget Category
Planning
Training
Exercise
Equipment
$ -
$ -
$ -
$ 23,590.58
Consultant Fees
$ -
$ -
$ -
Salaries & Benefits
$ _
$ _
$ _
Overtime /Backfill
$ _
$ _
$ _
Travel & Per Diem
$ -
$ -
$ -
Goods & Services
$ _
$ _
$ _
Total Amount
$ -
$ -
$ -
$ 23,590.58
Grant Total
$
23,590.58
• Expenditures for non - governmental personnel response kits (e.g. CERT
or MRC kits /backpacks) or clothing items for official identification must
not exceed 30 percent ($7,834) of the total Citizen Corps Program
allocation (FFY07 SHSP -CCP Grant Guidelines, page 68)
• With the exception of Equipment and Salaries & Benefits, changes to
budget of no more than 10% are allowed without prior authorization from
KCOEM Any changes to Equipment and Salaries & Benefits must have
prior authorization from KCOEM
• Invoices submitted for reimbursement must not exceed total amount of
award and must comply with grant requirements
Page 19 of 39
EXHIBIT C.
State: Washington
Jurisdiction: Kin! County
Fiscal Year 2007 -CCP
Citizen Corps Program
Equipment Approval
Approval Date: Mav 21.2009
Request Date: Mav 15, 2009
Item
No.
Equipment
Category
Item Qty. Total Cost
1
' Personal '
Protective
Equipment
01ZA -03 -EYEP, Protection, Eye Safety glasses,
safety goggles
2
01ZA -06 -HHAT, Hardhat Hardhat For use only with
allowable personal protective ensembles or by Citizen
Corps personnel as part of issued equipment Only
hardhats certified as compliant with ANSI Z89 1 are
allowable
3
01AR -06 -DISP, Equipment, Respirator, Particulate,
Disposable Respirator certified by NIOSH under 42
CFR 84 and classified as one of nine types of filtenng-
facepiece disposable particulate respirators (N95,
N99,-N100, R95, R99, R100, P95, P99, P100)
4
01ZA -06 -VEST, Vest Safet /reflective vest
5
CBRNE
Operational and
Search and
Rescue
030E -03 -SIGN, Signs Restncted access and caution
warning signs, preprinted or field printable, vanous
colors, sizes, and shapes Includes traffic cones and
other free- standing_signage, as well as mountable
items
6
030E -04 -EXAC Fire Extinguishers Class ABC fire
extinguisher, multi - purpose, handheld, 20 lb capacity
7
030E -05 -ROPE Rope Rope of vanous diameters,
lengths, and ratings used specifically for human
rescue, egress, hoist, or transport (certified as
com•hant with NFPA 1983
8
030E- 04 -KTTL, Kit, Tool, Miscellaneous, Non -
sparking Non - sparking tool kit, to include bung and
s•anner wrenches and tool box
9
03SR -02 -TLHN, Tools, Hand Manually operated
hand tools, cutting torches, exothermic torches,
accessones and attachments for cutting, prying,
breaking, shonng, stabilizing, moving, applying or
removing fasteners where powered tools are not
appropnate or safe to use
10
03SR -02 -MARK , Tools, Structural Assessment,
Marking and Monitoring Tools, equipment,
accessones and attachments for assessing, marking
and monitoring damaged structures and their stability
Page 20 of 39
EXHIBIT C:
11
Medical
09MS- 01- TTAG; Tags and,Supplies, Triage Single -
use, disposable patient marking devices for use
dung multi- casualty tnage management
12
09TR- 01MKIT, Supplies, Moulage Moulage supplies
include prosthetics, makeup, and other materials used
to simulate wounds/injunes for training/exercise
•ur•oses
13
09TR -01 -CSIM Equipment, Training /Casualty
Simulation Life -like human body replicas that enable
medical practitioners to train in various scenarios
14
09MS -04 -TAPE Tape, Adhesive Vanous size
adhesive medical ta.e
15
09MS -04 -BAND Bandages and Dressings Venable
size, disposable bandages and dressing to treat all
types of soft tissue wounds Non- durable absorbent
• roducts
16
Power °
108C -00 -BATT, Battens, All Types, Sizes Batteries
for all recommended equipment Types including, but
not limited to Alkaline, Nickel - Cadmium (Ni -CAD),
Nickel Metal Hydride (NiMH), Lithium (Li -Ion) Form
factors such as AA, AAA, C and D cells, 9 -Volt,
Clamshell
17
CBRNE
Logistical
Support
Equipment
19GN=00 -BGPK, Bags/Packs Cany bags or wearable
packs for storage and transportation of personal gear
and equipment, personal protective equipment, and
miscellaneous equipment
18
Other Authorized
21GN -00 -CCEQ, Equipment, Citizen Corps
Equipment not covered elsewhere that relates to
specific training or volunteer assignments for CERT,
Neighborhood Watch, VIPS, MRC, and Fire Corps
Includes, but ssnot limited to, whistles, badges, CCP
patches, program clothing, vests, duct tape, cutting
devices, ponchos, water purification tablets, power
cords and stnps, fire simulation burn pans, tnage
tarps, and bamer tape
19
21 GN -00 -CCEQ, Equipment, Citizen Corps CERT Kit
as sold b vendor
-
20
21GN -00 -CCEQ, Equipment, Citizen Corps CERT
Manuals
-
21
21 GN -00 -CCEQ, Equipment, Citizen Corps CERT
Field Guides
-
22
21 GN -00 -CCEQ, Equipment, Citizen Corps Sleeping
Mats
-
23
21 GN -00 -CCEQ, Radio, Portable Two Way Radios,
Family Radio Service (FRS) handheld radios for
Citizen Core s volunteers
24
21 GN -00 -SHIP, Stu. 'in. Shi. . in • costs
25
21GN -00 -STAX Sales Tax Sales tax
26
Total:
FFY07 King County Citizen Corps Program (CCP) -
$23,591.58
Page 21 of 39
RAGENCY GRANT AGREEMENT
1 Contractor Name and Address
King County Office of
3511 NE 2nd Street gement
Renton, WA 98056
2 Contract Amount
$ 26,114
3 Contract Numbec /
!q 4
��$
K29$ �M °Q cy #1y0/0
'ye'e '8' 6/
4 Contractor's Contact Person, phone number
Robin Friedman, 206 - 296 -3830
5 Contract Start Date
July 1, 2007
6 Contract End Date ° t
February 14, 2010
7. CCP Program Manager /phone number
Denise Mack (360) 725 -5290
8 State Business License #
NA
9 UBI # (state revenue):
10 Funding Authonty
The U.S. Department of Homeland Security (DHS), Citizen Corps Program, The Washington State Military Department
(Department), and the Washington Commission for National and Community Service (Commission)
11 Funding Source Agreement #
2007 -GE -T7 -0017
12 Program Index # & OBJ /SUB -OJ.
773CS, 773CL NZ
13 CFDA # & Title:
97.067 SHSP
14 TIN or SSN
91- 6001089
15 Service Distncts
(BY LEGISLATIVE DISTRICT) n/a
(BY CONGRESSIONAL DISTRICT) n/a
16 Service Area by County(ies)
King
ng
17 Women /Minonty- Owned, State
Certified? X N/A • NO
❑ YES, OMWBE #
18 Contract Classification
❑ Personal Services 0 Client Services X Public/Local Gov't
• Collaborative Research • A/E ❑ Other
19 Contract Type (check all that apply)
• Contract X Grant X Agreement
X Intergovernmental (RCW 39 34) X Interagency
20 Contractor Selection Process
X "To all who apply & qualify" ❑ Competitive Bidding
❑ Sole Source ❑ A/E RCW ❑ N/A
❑ Filed w /OFM? ❑ Advertised'? • YES • NO
21 Contractor Type (check all that apply)
• Private Organization /Individual • For - Profit
X Public Organization /Junsdiction X Non -Profit
• VENDOR X SUBRECIPIENT • OTHER
22 BRIEF DESCRIPTION
The U.S. Department of Homeland Security (DHS), Office of Grant and Training (OGT) is providing funds through the
FFY2007 Homeland Security Grant Program, Citizen Corps Program (CCP) to support Citizen Corps Councils with
planning, outreach, and management of Citizen Corps programs and activities.
IN WITNESS WHEREOF, the Commission 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 nghts 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 COMMISSION FOR THE CONT CTOR:
l li� (/ 7.aA -0i Flit_ ! ul VLI as
gnature Date Signature Date
William C. Basl, Executive Director James J Buck, County Administrative Officer
For For
Washington Commission for National and Community Service King County Department of Executive Services
/ . 7
EXHIBIT D:
ike
FFY07 SHSP -CCP
Page 1 of 18 WA Commission for National and Community Service
E08 -190
Page 22 of 39
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 categories 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 and in agreement with federal rates 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 Commission
Some flexibility to shift funds between /among budget categories is allowed as follows: Changes to the budget
in excess of 10% will not be reimbursed without the prior written authorization of the Commission. 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 Commission's Key Personnel
Financial # /Comes Due Date
Quarterly Invoices 1 Within 30 days following the
end of the quarter in which the
work was performed.
Invoices must be submitted no more often than monthly, but at least quarterly Failure to submit invoices in a
timely manner will cause the Commission to hold all requests for equipment approval until invoices are
submitted.
Final Invoice 1 Due by contract end date
(shall not exceed overall contract amount)
All contract work must end on December 31, 2009, however the Contractor has until the contract end date to
submit all final billing
Technical # /Copies Due Date
Bi- Annual Strategy Implementation Report Electronic
Bi- Annual Progress Report
Final Report
Electronic
Electronic
January 15th and July 15th of each year
of the contract period
January 15th and July 15th of each year
of the contract period
Due by contract end date
All contract work must end on December 31, 2009, however the Contractor has until the contract end date to
submit all final reports and /or deliverables.
The Bi- Annual Strategy Implementation Report will be submitted via OGT's web -based grant reporting tool at
https. / /www reporting.odp.dhs.gov /. The Bi-annual Progress Report' and the Final Report will be submitted
electronically to the Commission.
ARTICLE III -- KEY PERSONNEL:
The individuals listed below shall be considered key personnel Each party must notify the other of any
substitution in writing.
COMMISSION: CONTRACTOR:
Denise Mack, Program Coordinator Robin Friedman, Director
FFY07 SHSP -CCP
Page 2 of 18 WA Commission for National and Community Service
E08 -190
Page 23 of 39
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 U S. Department of Homeland Security (DHS), Office of Grants and Training
(OGT) 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, and when dual benefit can be justified,
catastrophic incidents 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. Grant funds may not be
used to replace or supplant existing funding
2 The Contractor's expenditures on personnel costs are limited to 15 percent (15 %) of the sub -award
amount.
3. The Contractor shall provide a match of $0 of non - federal origin.
4. The Contractor acknowledges that since this contract involves federal funding, the period of performance
described herein will likely begin prior to the availability of appropriated federal funds. Contractor agrees
that it will not hold the Commission, 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.
The Contractor agrees that it will not hold the Commission, 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 appropnated 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 or ownership is in place
2 The Contractor, or a recognized sub - contractor /sub - grantee, shall be responsible for any and all
operation, maintenance, replacement, and for the safe operation of the 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 (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 (6) years from the date of the
disposition, replacement or transfer If any litigation, claim, or audit is started before the expiration of the
six 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
FFY07 SHSP -CCP
Page 3 of 18 WA Commission for National and Community Service
E08 -190
Page 24 of 39
6 The Contractor shall develop a control system to ensure adequate safeguards to prevent toss, damage,
and theft of the property Any Toss, 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.
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- through funding from this contract.
ARTICLE VII — SUBRECIPIENT MONITORING
The Commission 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 Commission's monitoring activities will be to ensure
that agencies receiving federal pass- through funds are in compliance with federal and state audit
requirements, federal grant guidance, 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 allowablity 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- through funding from
this contract
FFY07 SHSP -CCP
Page 4 of 18 WA Commission for National and Community Service
E08 -190
Page 25 of 39
Exhibit A
2007 Subrecipient
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. "Commission" shall mean the Washington Commission for National and Community Service
c. "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) "Subrecipienf' 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 Commission and that agrees to provide goods or services to
be utilized by the Commission.
d "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
e. "Recipient " — a nonfederal entity that expends federal awards received directly from a federal
awarding agency to carry out a federal program.
f "Pass- Through Entity" means the Commission as it is applied to this contract. As found in
SAAM 50 30.30 — "A nonfederal entity that provides a federal award to a subrecipient to carry
out a federal program."
g "Nonfederal Entity" is defined as a state local govemment or nonprofit organization (as
defined in federal Circular A -133)
h "Cognizant State Agency" shall mean a state agency that has assumed the responsibility of
implementing single audit requirements and coordinating audit follow -up for a particular grantee
by virtue of providing the majority of federal 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.
i "Federal Financial Assistance" — Assistance that nonfederal entities receive or administer in
the form of grants, loans, loan guarantees, property (including donated surplus property),
cooperative agreements, interest subsidies, insurance, food commodities, direct appropriations
or other assistance. It does not include amounts received for provision of vendor services to
federal agencies or reimbursement for services rendered directly to individuals.
"Grant" - For the purposes herein, the term "grant" may be used to mean "contracts" or "grants"
or "agreements ".
k "CFDA Number" — The five -digit number assigned to a federal assistance program in the
federal Catalog of Federal Domestic Assistance (CFDA) or, in the absence of a catalog defined
number, the number defined by instructions from the federal audit clearinghouse.
J.
I "CFR" — Code of Federal Regulations
m. "OMB" — Office of Management and Budget
n "RCW" - Revised Code of Washington
o. "WAC" - Washington Administrative Code.
FFY07 SHSP -CCP
Page 5 of 18 WA Commission for National and Community Service
E08 -190
Page 26 of 39
2 SUBRECIPIENT MONITORING
a The Commission, as a Recipient agency, receives federal financial assistance under 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 Management and implementation guidelines for
the federal programs ensure compliance with statutes, grant guidelines, the sub -award
agreement, Office of Management and Budget (OMB) circulars (including OMB Circular A-
133), subrecipient audits, and other guidance found in the Federal Register The
Commission shall adhere to its Subrecipient Monitoring Policy and the Subrecipient
Monitoring Procedures
b. The Contractor shall perform under the terms of the contract and the Commission has
responsibility for reasonable and necessary monitonng of the Contractor's performance. The
Commission shall conduct contract monitoring activities on a regular basis Monitonng is
defined as any planned, ongoing, or penodic 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. Monitoring may include periodic
contractor reporting to the Commission, Commission 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 Subrecipient monitoring will occur throughout the year rather than relying solely
on a once -a -year audit. The Contractor agrees to cooperate with all monitoring activities and to
comply with reporting requirements.
The Commission as the Recipient agency 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 fully participate in all monitoring or evaluation activities
that are pertinent to this contract.
b. Access to public records -The Contractor acknowledges that the Commission is subject to the
Public Records Act, Chapter 42.56 RCW, and that records prepared, owned, used or retained
by the Commission relating to the conduct of government or the performance of any
governmental or proprietary function are available for public inspection and copying, except as
exempt under RCW 42.56 or other statute which exempts or prohibits disclosure of specific
information or records.
c. The Contractor shall maintain all books, records, documents, data and other evidence relating
to this contract and the provision of any materials, supplies, services and/or equipment under
this contract herein, including, but not limited to, records of accounting procedures and practices
that sufficiently and properly reflect all direct and indirect costs of any nature expended in the
performance of this contract At no additional cost, these records, including materials generated
under the contract, shall be subject at all reasonable times to inspection, review and audit by
personnel duly authorized by the Commission, the Washington State Auditor's Office, 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 and make them
available for inspection, review or audit for six (6) years from the end date of this contract, date
of final payment or conclusion of services performed under this contractor, whichever is later If
any litigation, claim or audit is started before the expiration of the six (6) year period, the records
shall be retained until final resolution of all litigation, claims, or audit findings involving the
records.
d Contractor shall provide right of access to its facilities and records to the Commission and any
other authorized agent or official of the state of Washington or the federal government, at all
FFY07 SHSP -CCP
Page 6 of 18 WA Commission for National and Community Service
E08 -190
Page 27 of 39
reasonable times, in order to monitor and evaluate performance, compliance, and /or quality
assurance under this contract
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 goy 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) as found in the 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 Washington State Auditor's Office and requesting an
audit. Costs of the audit may be an allowable grant expenditure.
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 Commission requests for
information or corrective action concerning audit issues or findings within 30 days of the date of
request. The Commission 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
Commission 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.
Washington Commission for National and Community Service
Attn: Citizen Corps Program Coordinator
PO Box 43113
Olympia, WA 98504 -3113
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. RECAPTURE PROVISIONS
In the event that the Contractor fails to expend funds under this contract in accordance with applicable
state and federal laws and /or the provisions of this contract, the Commission reserves the right to
recapture funds in an amount equivalent to the extent of the noncompliance in addition to any other
remedies available at law or in equity.
Such right of recapture shall exist for a period not to exceed six (6) 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. The Commission is required to institute legal
proceedings to enforce the recapture provision
6. COMPLIANCE WITH APPLICABLE LAW
The Contractor and all subcontractors shall comply with all applicable federal, state, tribal government,
and local laws, regulations, and policies.
This obligation includes, but is not limited to, compliance with Ethics in Public Service (RCW 42.52),
Covenant Against Contingent Fees (48 C.F.R § 52 203 -5), Public Records Act (RCW 42 56), Drug -
Free Workplace Act of 1988 (41 U.S C. § 701 et seq. and 15 C F R. Part 29), Lobbying Restrictions (31
U S.0 § 1352 and 15 C.F R Part 28), and safety and health regulations. The Commission is not
FFY07 SHSP -CCP
Page 7 of 18 WA Commission for National and Community Service
E08 -190
Page 28 of 39
responsible for advising the Contractor about, or determining the Contractor's compliance with,
applicable laws, regulations and policies.
In the event of the Contractor's or a subcontractor's noncompliance or refusal to comply with any
applicable law, regulation or policy, the Commission 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, regulation or policy.
7. 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
b. Nondiscrimination laws and policies (such as RCW 49 60, Washington's Law Against
Discrimination, and Title VII of the Civil Rights Act).
8 AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101 -336, 42 U.S.C. § 12101
et seq. and 28 C.F.R Part 35 and other 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
9. UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES (MWBE)
The Contractor is encouraged to utilize firms that are certified by the Washington State Office of
Minority and Women's Business Enterprises as minority -owned and /or women -owned in carrying out
the purposes of this contract.
10 PUBLICITY
The Contractor agrees to submit to the Commission all advertising and publicity relating to this contract
wherein the Commission's name is mentioned or language used from which the connection of the
Commission's name may, in the Commission'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
Commission
11. DISCLOSURE
The use or disclosure by any party of any information concerning the Commission for any purpose not
directly connected with the administration of the Commission's or the Contractor's responsibilities with
respect to services provided under this contract is prohibited except by prior written consent of the
Commission.
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 Commission, 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 epis QOV
13. LIMITATION OF AUTHORITY -- "Authorized Signature"
FFY07 SHSP -CCP
Page 8 of '18 WA Commission for National and Community Service
E08 -190
Page 29 of 39
The sFgnatones to this contract represent that they have the authority to bind their respective
organizations to this contract Only the assigned Authorized Signature for each party, or the assigned
delegate by writing 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 Signature(s)
14 CONTRACTOR NOT EMPLOYEE — INDEPENDENT STATUS OF CONTRACTOR
The parties intend that an independent contractor relationship will be created by this contract The
Contractor and/or employees or agents performing under this contract are not employees or agents of
the Commission in any manner whatsoever, and will not be presented as nor claim to be officers or
employees of the Commission or of the State of Washington by reason hereof, nor will the Contractor
and /or employees or agents performing under this contract make any claim, demand, or application to
or for any nght, privilege or benefit applicable to an officer or employee of the Commission or of the
State of Washington, including, but not limited to, Worker's Compensation coverage, unemployment
insurance benefits, social secunty benefits, retirement membership or credit, or privilege or benefit
which would accrue to a civil service employee under Chapter 41 06 RCW
It is understood that if the Contractor is another state department, state agency, state university, state
college, state community college, state board, or state commission, 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 Commission
shall obtain proper approval from the employing agency or institution. A statement of "no conflict of
interest" shall be submitted to the Commission
15 NONASSIGNABILITY
This contract, the work to be provided under this contract, and any claim arising thereunder, are not
assignable or delegable by either party in whole or in part, without the express prior written consent of
the other party, which consent shall not be unreasonably withheld
16 SUBCONTRACTING
Neither the Contractor nor any subcontractor shall enter into subcontracts for any of the work
contemplated under this contract without obtaining prior written approval of the Commission.
Contractor shall use a competitive process in award of any contracts with subcontractors that are
entered into after original contract award. All subcontracts entered into pursuant to this contract shall
incorporate this contract in full by reference. In no event shall the existence of the subcontract operate
to release or reduce the liability of the Contractor to the Commission for any breach in the performance
of the Contractor's duties. The Commission may request a copy of any and /or all subcontracts for work
being completed under this contract.
17 CONTRACT MODIFICATIONS
The Commission 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 Commission 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, any provision of any document incorporated by
reference, or application of this contract 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 Commission shall make no payments in advance or in anticipation of goods or services to be
provided under this contract Contractor shall not invoice the Commission in advance of delivery of such
goods or services
FFY07 SHSP -CCP
Page 9 of 18 WA Commission for National and Community Service
E08 -190
Page 30 of 39
20 TAXES, FEES AND LICENSES
Unless otherwise provided in this contract, the Contractor shall pay for and maintain in current status all
taxes, unemployment contributions, fees, licenses, assessments, permit charges and expenses of any
other kind for the Contractor or its staff required by statute or regulation that are necessary for contract
performance
21 TRAVEL AND SUBSISTENCE REIMBURSEMENT
Unless the contract specifically provides for different rates, any travel or subsistence reimbursement
allowed under the 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
Commission copies of receipts for any travel related expenses other than meals and mileage (example
parking Tots that do not provide receipts) 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. HOLD HARMLESS AND INDEMNIFICATION
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
24. WAIVER OF DEFAULT
Waiver of any default or breach shall not be deemed to be a waiver of any other or subsequent default
or breach. Any waiver shall not be construed to be a modification of the terms of this contract unless
stated to be such in writing signed by the Commission 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. 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 Commission may reduce its
scope of work and budget or unilaterally terminate all or part of the contract as a "Termination for
Cause ", without providing the Contractor an opportunity to cure Alternatively, the parties may
renegotiate the terms of this contract under "Contract Modifications" to comply with new funding
limitations and conditions, although the Commission has no obligation to do so
28. TERMINATION OR SUSPENSION FOR CAUSE
In the event the Commission, in its sole discretion, determines the Contractor has failed to fulfill in a
timely and proper manner its obligations under this contract, is in an unsound financial condition so as
to endanger performance hereunder, is in violation of any laws or regulations that render the Contractor
unable to perform any aspect of the contract, or has violated any of the covenants, agreements or
stipulations of this contract, the Commission has the right to immediately suspend or terminate this
contract in whole or in part.
The Commission may notify the Contractor in writing of the need to take corrective action and provide a
period of time in which to cure. The Commission is not required to allow the Contractor an opportunity
FFY07 SHSP -CCP Page 10 of 18 WA Commission for National and Community Service
E08 -190
Page 31 of 39
to cure if it is not feasible as determined solely within the Commission's discretion Any time allowed
for cure shall not diminish or eliminate the Contractor's liability for damages or otherwise affect any
other remedies available to the Commission If the Commission allows the Contractor an opportunity to
cure, the Commission shall notify the Contractor in writing of the need to take corrective action If the
corrective action is not taken within ten (10) calendar days or as otherwise specified by the
Commission, or if such corrective action is deemed by the Commission to be insufficient, the contract
may be terminated in whole or in part
The Commission reserves the right to suspend all or part of the contract, withhold further payments, or
prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged
compliance breach, pending corrective action by the Contractor, if allowed, or pending a decision by the
Commission to terminate the contract in whole or in part
In the event of termination, the Contractor shall be liable for all damages as authorized by law, including
but not limited to, any cost difference between the original contract and the replacement or cover
contract and all administrative costs directly related to the replacement contract, e g , cost of
administering the competitive solicitation process, mailing, advertising and other associated staff time
The rights and remedies of the Commission provided for in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law.
If it is determined that the Contractor (1) was not in default or material breach, or (2) failure to perform
was outside of the Contractor's control, fault or negligence, the termination shall be deemed to be a
"Termination for Convenience"
29 TERMINATION FOR CONVENIENCE
Notwithstanding any provisions of this contract, the Contractor may terminate this contract by providing
written notice of such termination to the Commission's Point of Contact identified in the contract,
specifying the effective date thereof, at least thirty (30) days prior to such date.
Except as otherwise provided in this contract, the Commission, in its sole discretion and in the best
interests of the State of Washington, may terminate this contract in whole or in part by providing ten
(10) calendar days written notice, beginning on the second day after mailing to the Contractor. Upon
notice of termination for convenience, the Commission reserves the right to suspend all or part of the
contract, withhold further payments, or prohibit the Contractor from incurring additional obligations of
funds. In the event of termination, the Contractor shall be liable for all damages as authonzed by law.
The rights and remedies of the Commission provided for in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law
30 TERMINATION PROCEDURES
In addition to the procedures set forth below, if the Commission terminates this contract, the Contractor
shall follow any procedures specified in the termination notice. Upon termination of this contract and in
addition to any other rights provided in this contract, the Commission may require the Contractor to
deliver to the Commission any property specifically produced or acquired for the performance of such
part of this contract as has been terminated
If the termination is for convenience, the Commission shall pay to the Contractor the agreed upon price,
if separately stated, for properly authorized and completed work and services rendered or goods
delivered to and accepted by the Commission prior to the effective date of contract termination, and the
amount agreed upon by the Contractor and the Commission for (i) completed work and services and /or
equipment or supplies provided for which no separate price is stated, (11) partially completed work and
services and /or equipment or supplies provided which are accepted by the Commission, (ui) other work,
services and /or equipment or supplies which are accepted by the Commission, and (iv) the protection
and preservation of property.
Failure to agree with such amounts shall be a dispute within the meaning of the "Disputes" clause of
this contract If the termination is for cause, the Commission shall determine the extent of the liability of
the Commission The Commission shall have no other obligation to the Contractor for termination The
Commission may withhold from any amounts due the Contractor such sum as the Commission
determines to be necessary to protect the Commission against potential loss or liability.
The rights and remedies of the Commission provided in this contract shall not be exclusive and are in
addition to any other rights and remedies provided by law
FFY07 SHSP -CCP Page 11 of 18 WA Commission for National and Community Service
E08 -190
Page 32 of 39
After receipt of a notice of termination, and except as otherwise directed by the Commission in wnting,
the Contractor shall.
a Stop work under the contract on the date, and to the extent specified, in the notice,
b Place no further orders or subcontracts for materials, services, supplies, equipment and/or
facilities in relation to this contract except as may be necessary for completion of such portion of
the work under the contract as is not terminated,
c Assign to the Commission, in the manner, at the times, and to the extent directed by the
Commission, all of the rights, title, and interest of the Contractor under the orders and
subcontracts so terminated, in which case the Commission 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 Commission to the extent the Commission
may require, which approval or ratification shall be final for all the purposes of this clause;
e Transfer title to the Commission and deliver in the manner, at the times, and to the extent
directed by the Commission any property which, if the contract had been completed, would have
been required to be furnished to the Commission,
f Complete performance of such part of the work as shall not have been terminated by the
Commission in compliance with all contractual requirements; and
g Take such action as may be necessary, or as the Commission 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 Commission has or may acquire an interest.
AAG Approved 9/12/2007
FFY07 SHSP -CCP Page 12 of 18 WA Commission for National and Community Service
E08 -190
Page 33 of 39
Exhibit B
Statement of Work
FFY 2007 State Homeland Security Grant Program
INTRODUCTION:
The FY 2007 CCP funds will be used to support Citizen Corps Councils with efforts to engage citizens in all -
hazards prevention, protection, response, and recovery. These efforts include planning and evaluation, public
education and emergency communications, training, exercises, volunteer programs and activities to support
emergency responders, surge capacity roles and responsibilities, and providing proper equipment to citizen
volunteers
King County (herein known as the Contractor) agrees to the following tasks
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, submitting an electronic copy to the Program Coordinator 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 Failure to meet all of the reporting deadlines outlined in the
Timeline will prohibit the Contractor from being reimbursed and will put a freeze on the processing of
equipment approvals, 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 Financial Guide
found at http: / /www.dhs gov /xlibrary/assets /Grants FinancialManac ementGwde pdf. Local and state
procurement and contracting regulations take precedent over these requirements when local and state
regulations are more stringent
• Adhere to OGT requirements that all sole source contracts over $100,000 be reviewed and approved
by the Commission 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 OGT 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 Commission 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 - grantees and sub - contractors are in compliance
with the FFY07 Homeland Security 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 FFY07 Homeland Security Grant Program Guidance, which can be
found at http / /www oip.usdoi.gov /odp /grants hsgp htm, as well as all subsequent policy changes
7. All activities under this contract must have a clear correlation to the goals, objectives, and prionties
identified in the Washington State Strategic Plan and corresponding Investment Justifications submitted
in the FFY07 grant application.
8 If purchasing equipment, the Contractor must meet the following requirements:
• Be in compliance with the OGT Authorized Equipment List (AEL), as detailed at.
http: / /wwwl.rkb mipt.org /.
FFY07 SHSP -CCP Page 13 of 18 WA Commission for National and Community Service
E08 -190
Page 34 of 39
• 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 OGT 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 their own
procurement process or ask the Commission to make purchases on their behalf.
• Make a request to the Commission in writing that authorizes the Commission 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 Commission to make the purchase(s). The
Commission 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 FFY07 Homeland
Security Grant Program 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 Commission within 60 days of completion of the exercise. Final reimbursement for related
expenditures can not be made until this requirement has been met.
10 The Contractor understands National Incident Management System (NIMS) compliance is required to
receive Federal preparedness assistance grants beginning October 1, 2006. The Contractor certifies,
by signing this agreement, that the contractor and its principals have met NIMS compliance
requirements and state reporting requirements for Federal Fiscal Year 2006 (FFY06) and shall meet
NIMS compliance requirements and state reporting requirements for subsequent federal fiscal years
during the performance period of this contract The NIMS Integration Center (NIC) web page,
http: / /www fema qov /emergency /nims provides information about NIMS and guidance to determine the
extent to which jurisdictions are already compliant, as well as identify the NIMS requirements that have
not been met. The Contractor and its principals are required to report NIMS compliance to the
Department and Commission via the online form available on the Department's homepage
http: / /www emd.wa gov/
11. The Contractor may not exceed 5% of the total grant award on Management and Administrative
expenditures.
12. Complete all work under the contract by the contract end date, to include receipt of equipment items.
13 Submit at a maximum monthly and a minimum quarterly, signed and approved invoice vouchers (State
Form A -19) to the Commission 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 Commission, 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
states "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 December 31, 2009, however the Contractor has until the contract end
date to submit all final billing.
• No travel or subsistence costs, including lodging and meals, reimbursed under this contract may
exceed federal maximum rates which can be found at www.asa qov
FFY07 SHSP -CCP Page 14 of 18 WA Commission for National and Community Service
E08 -190
Page 35 of 39
CONTRACTOR TASKS:
1 Provide technical assistance to local communities as necessary to enable the jurisdiction to
successfully meet the requirements and intent of the CCP grant
a Bring together the appropriate leadership to form and sustain a Citizen Corps Council.
b. Develop and implement a plan for the community to achieve widespread citizen preparedness
and participation.
c Conduct public education and outreach
d Ensure clear emergency communications with the public
e Develop training programs for the public
f Facilitate citizen participation in exercises
g. Implement volunteer programs and activities to support emergency responders
h Involve citizens in surge capacity roles and responsibilities
i Conduct evaluations of programs and activities
2. If necessary, hire a Subcontractor to assist in accomplishing the contract tasks.
THE COMMISSION AGREES TO:
1 Provide technical assistance, expertise, and state coordination with OGT 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.
FFY07 SHSP -CCP Page 15 of 18 WA Commission for National and Community Service
E08 -190
Page 36 of 39
MILESTONE TIMELINE
FFY 2007 Citizen Corps Program
MILESTONE
TASK
September 2007
Submission of Initial Strategy Implementation Plan (ISIP)
July 15, 2008
Submission of Bi- annual Strategy Implementation Report (BSIR)
& Progress Report
January 15, 2009
Submission of Bi- annual Strategy Implementation Report (BSIR)
& Progress Report
July 15, 2009
Submission of Bi- annual Strategy Implementation Report (BSIR)
& Progress Report
December 31, 2009
Termination of the contract performance; all work must end under
this contract
No Eater than February 14, 2010
Submit all final reports, invoices for reimbursement and/or
deliverables
FFY07 SHSP -CCP Page 16 of 18 WA Commission for National and Community Service
E08 -190
Page 37 of 39
Exhibit C
BUDGET SHEET
FFY 2007 Citizen Corps Program
PLANNING
TRAINING
EXERCISE
Sub - Category
Salaries & Benefits $
Consultants /Sub - Contracting $
Goods & Services $
Travel & Per Diem $
Pass Thru $
Other - Indirect $
Total $
Sub - Category
Salaries & Benefits $
Overtime $
Consultants/Sub - Contracting $
Goods & Services $
Travel & Per Diem $
Pass Thru $
Other $
Total $
Sub - Category
Salaries & Benefits $
Overtime $
Consultants /Sub- Contracting $
Goods & Services $
Travel & Per Diem $
Pass Thru $
Other $
Total $
MANAGEMENT &
ADMINISTRATION Sub - Category
Salaries & Benefits $
Consultants /Sub - Contracting $
Goods & Services $
Travel & Per Diem $
Pass Thru $
Other $
Total $
26,114
26,114
0
0
0
EQUIPMENT Sub - Category
Equipment $
Pass Thru $
Total $ 0
For Detail see Approved Equipment list Exhibit D
Total Budget $ 26,114
1 Expenditures may only occur within the categones and sub - categories listed above However, changes of up to 10% can be changed without pnor
approval from the Commission Changes that exceed 10% will require the Contractor submit a budget change request to the Commission 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
appropnated for the same purpose
3 Management and Administration expenditures cannot exceed 5% of the total contract award
FFY07 SHSP -CCP Page 17 of 18 WA Commission for National and Community Service
E08 -190
Page 38 of 39
Exhibit D
HOMELAND SECURITY BI- ANNUAL PROGRESS REPORT FORM
FFY 2007 STATE HOMELAND SECURITY GRANT PROGRAM
CONTACT INFORMATION:
Jurisdiction
Contract#
Completed By
Email address.
Telephone Number.
REPORTING PERIOD:
January 1, 2008 - June 30, 2008 (due July 15th, 2008)
❑July 1, 2008 — December 31, 2008 (due January le, 2009)
January 1, 2009 - June 30, 2009 (due July 15th, 2009)
July 1, 2009 — December 31, 2009 & Final Close -out Report (due February 14, 2010)
IM
II
M
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 fife 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 fist changes during the fife 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?
FFY07 SHSP -CCP
Page 18 of 18 WA Commission for National and Community Service
E08 -190
Page 39 of 39