HomeMy WebLinkAboutHomeland Security Subgrant Agreement FFY10King County Office of Emergency Management
HOMELAND SECURITY SUBGRANT AGREEMENT FFY10
SUB GRANT AGREEMENT NUMBER: FFY10 -CCP -005
PROJECT TITLE: Citizen Corps Instruction ID Clothing
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
Federal Fiscal Year 2010 Citizen Corp (CCP), Catalog of Federal Domestic Assistance (CFDA)
# 97.067 SHSP, State Contract # K860.
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 December 19, 2011 to August 1,
2012. 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 Allison Thompson - Grant Specialist
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 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.
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:
Allison Thompson
King County Office of Emergency Management
3511 NE 2nd Street
Renton, WA 98056
PH: 206.296.3830 / FAX: 206.205.4056
AllisonJ .Thompson(@kingcounty.gov
If to the Subgrantee:
Sarah Miller
25 W Main Street
Auburn, WA 98002
PH: 253.876.1909 / FAX: 253.939.7769
skmiller a( auburnwa.gov
4. REIMBURSEMENT REQUESTS AND PAYMENT
This is a reimbursement Agreement and will not to exceed $ 5,440.50 (Five thousand four
hundred forty dollars and fifty 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 kingcounty .gov/ safety/ prepare/ EmergencyManagementProfessionals /Grants /Su bGrants.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 as well
as a copy of the vendor's invoice and packing slip with a statement signed and dated by the
Subgrantee'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 ". 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.
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3. Upon successful completion of the terms of this Agreement, all equipment purchased
through this Agreement will be owned by the Subgrantee, or a recognized sub - grantee
for which a contract, subgrant agreement, or other means of legal transfer of ownership
is in place.
4. The Subgrantee, or a recognized subgrantee shall be responsible for any and all
operation and maintenance expenses and for the safe operation of the equipment,
including all questions of liability.
5. All equipment purchased under this subgrant, by the Subgrantee or sub - subgrantee, will
be recorded and maintained in the Subgrantee's equipment inventory system unless
otherwise specified in this agreement.
6. The Subgrantee shall maintain equipment records that include: a description of the
equipment; the manufacturer's serial number, model number, or other 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 equipment.
7. 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.
8. The Subgrantee shall take a physical inventory of the equipment and reconcile the
results with the property records at least once every two (2) years. Any differences
between quantities determined by the physical inspection and those shown in the
records shall be investigated by the Subgrantee to determine the cause of the difference.
The Subgrantee shall, in connection with the inventory, verify the existence, current
utilization, and continued need for the equipment.
9. For the purpose of inventory and disposal of equipment purchased under this contract
the 44 CFR Section 13.3 definition of equipment will be used. It defines equipment as a
tangible, nonexpendable, personal property having a useful life of more than one year
and an acquisition cost of $5,000 or more per unit. This definition will be used for
equipment purchased with contract funds, unless local or state regulations are more
restrictive.
10. The Subgrantee shall develop a control system to ensure adequate safeguards to
prevent loss, damage, unauthorized use and theft of the equipment to include small and
attractive items. Any loss, damage or theft shall be investigated and a report generated
which will be submitted to King County Office of Emergency Management.
11.The Subgrantee will develop adequate maintenance procedures to keep the property in
good condition.
12. If the Subgrantee is authorized or required to sell the property, proper sales procedures
must be established to ensure the highest possible return.
13. When original or replacement equipment is no longer needed for the original project or
program or for other 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.
14.As a subrecipientofiederal 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.
15. Equipment purchased with funds from DHS grant programs should be marked with
"Purchased with funds'provided by the U.S. Department of Homeland Security"
whenever possible.
B. ADMINISTRATIVE REQUIREMENTS
The Subgrantee shall comply with all financial and procurement guidance, including competitive
processes and other procurement requirements, to include but not limited to Office of
Management and Budget (OMB) Circulars A -87 (Cost Principles for State, Local and Indian
Tribal Governments), A102 (Grants and Cooperative Agreements with State and Local
Governments), A122 (Cost Principles for Non - Profit Organizations), A133 (Audits of States,
Local Governments, and.Non- Profit Organizations), the Federal Emergency Management
Agency's (FEMA) codified regulations, and 44 code of Federal Regulations (CFR). Local and
state procurement and 'contracting regulations take precedent over these requirements when
local and state regulations are more stringent.
C. PROCUREMENT AND FINANCIAL MANAGEMENT REQUIREMENTS
Subgrantee must adhere to all financial and procurement guidance, including:
• Adhere to Office of Grants and Training requirements that all sole source contracts
over $100,000 be reviewed and approved by'the King County prior to execution of a
contract. Thisjre,quirement must be passed on to all of the Subgrantee's sub-
contractors, a[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 Subgraritee will be responsible for
reviewing and approving their sub - contractor's contract.
• Grant funds may not be used to replace or supplant existing funding.
• No costs will be reimbursed in advance of their being incurred by the Sugrantee.
• No costs will be reimbursed until the items have been received,by the Subgrantee and
invoiced by the vendor.
• No travel or subsistence costs, including lodging and meals, reimbursed with federal
funds may exceed federal maximum rates which can be found as http: / /www.gsa.gov.
9. COMPLIANCE WITH APPLICABLE LAWS AND GRANT REQUIREMENTS
The Subgrantee shall be responsible for following all applicable Federal, State :and local laws,
ordinances, rules and regulations in the performance of work described herein. New federal
laws, regulations, policies and administrative practices may be established after the date_.this
Agreement is established and may apply to this Agreement. To achieve compliance with
changing federal requirements, the Subgrantee agrees to accept all changed requirements that
apply to this Agreement and to require compliance with changed requirements in all
subcontracts. Failure to comply shall constitute a material breach of this Agreement.
By entering into this Agreement the Subgrantee agrees that to receive any federal
preparedness funding, all National Incident Management System (NIMS) compliance
requirements outlined in applicable grant guidance must be met.
The Subgrantee and all its subcontractors shall comply with, and DHS is not responsible for
determining compliance with, any and all applicable federal, state, and local laws, regulations,
and /or policies. This obligation includes, but is not limited to, laws, regulations and 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, 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.
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.
During the. performance of this Agreement, neither the Subgrantee nor any party
subcontracting under the authority of this Agreement shall engage in unfair employment
practices as defined by King County Code, Chapter 12.17 or 12.18.
The Subgrantee shall comply fully with all applicable Federal, State and local laws,
ordinances, executive orders and- regulations that prohibit such discrimination. These laws
include, but are not limited to;-RCW Chapter 49.60 and Titles VI and VII of the Civil Rights Act
of 1964.
During the performance of this Agreement, the Subgrantee, for itself, its assignees and
successors -in- interest agrees as follows:
1. Nondiscrimination
The Subgrantee, with regard to the work performed by it during the Agreement, shall not
discriminate on the . grounds of race, color, creed, gender, disability, age or national origin
in the selection and retention of subcontractors. The Subgrantee shall not participate
either directly or 'indirectly in the discrimination prohibited by Section 21.5 of the
Regulations, including em ployment 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 under a subcontract each potential subcontractor or supplier shall, be
notified by the Subgrantee of the Subgrantee's obligations under this Agreement and the
regulations relative to nondiscrimination on the grounds of race, color," creed, gender,
disability, age or national origin.
3. Information and Reports
The Subgrantee shall provide all information and reports required by the regulations or
directives issued pursuant 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 Am ericans with .Disabilities Act, as amended, 42 U.S.C.
§ 12112, the Contractor shall comply with the requirements of U:S. Equal Employment
Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the
Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons
with disabilities.
The Subgrantee is required to comply with all applicable requirements of the Americans with
Disabilities Act of 1990 (ADA), 42 USC §§ 12101, et seq.; Section 504 of the Rehabilitation Act
of 1973, as amended, 29 USC § 794; and, and the following regulations and any amendments
thereto:
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
award covered by the Byrd Anti- Lobbying Amendment, 31 USC § 1352. The Subgrantee shall
disclose 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 t� 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.
Unle ss.the Federal Government later makes a contrary determination in writing, irrespective of
the Subgrantee's status (i.e:, a large business, small business, state government :dr.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 ea ch.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; OMB A- 122,.. Cost Principles for Non- Profit .Organizations; 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 t� have a single or a program- specific audit
conducted in accordance with the U.S. 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.
Entities required to have an audit must -ensure the audit is performed in accordance with
Generally Accepted Auditing Standards (GRAS), 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 auditable records and accounts so as to facilitate the audit
requirement and shall ensure that any subrecipients or subcontractors also maintain auditable
records.
The Subgrantee must send a letter stating there has been a single audit completed and there
were no findings or if there were findings, the letter should provide a list of the findings. The
Subgrantee is responsible for any audit exceptions incurred by its own organization or that of
its subcontractors. Responses to any unresolved management findings and disallowed or
questioned costs shall be included with the audit report. The Subgrantee must respond to
King County Office of .Emergency Management requests for information or corrective action
concerning; audit issues or findings within 30 days of the date of request: King 'County Office
of Emergency Management reserves the_ right, to, recover from the Subgrantee. all disallowed
costs resulting fronri the audit. In addition to sending a copy of the audit; the Subgrantee must
include a corrective action plan for any audit findings and a copy of, the management letter if
one was received.
The Subgrantee must ,send this 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.
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 shalli 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 iri writing by King County.
The Subgrantee shall include the requirement in this section in'any subcontracts.
O. UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRRISES (MWBE)
The Subgrantee is encouraged to utilize firms that are certified by the. Washington. State
Office of Minority and Wo`men's Business Enterprises as minority -owned and /or" women -
owned in carrying out the purposes of this contract.
10. AMENDMENTS
This Agreement may be amended only by written concurrence of both parties.. Amendments to
Scope 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 change(sy is (are) consistent with and /or
achieve(s) the goals stated in the Scope of Work (Exhibit A) . and falls within the grant
requirements.
11. TERMINATION
This Agreement may be terminated by King County, in whole or in part, for convenience without
cause prior to the end of the Period of Performance, upon thirty (30) calendar days advance
written notice.
This Agreement may be terminated by either party, in whole or in part, for cause prior to the end
of the Period of Performance, upon thirty (30) calendar days advance written notice. Reasons
for termination for cause may include but not be limited to: material issues of nonperformance
misuse of funds, and /or failure to provide grant - related invoices, reports, or any requested
documentation.
If the Agreement is terminated as provided above, King County will be liable only for payment in
accordance with the terms of this Agreement for satisfactory work completed prior to the
effective date of termination. The Subgrantee shall be released from any obligation to provide
further services pursuant to this Agreement.
Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Agreement
or law that either party may have in the event that the obligations, terms and conditions set forth
in this Agreement are breached by the other party.
Funding under this Agreement beyond the current appropriation year is conditional upon
appropriation of sufficient funds to support the activities described in this Agreement. Should
such an appropriation not be approved, this Agreement will terminate at the close of the current
appropriation year.
12. 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.
13. 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.
14. 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.
15. 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.
16. 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.
17. 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 13 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:
BY
4Ze,1-ems 13 . LeW; S,
Sar- ° , ° : - - •- - + = - • I Ilman Mitchell, Director
341'77
City of Auburn
KING COUNTY
BY
Date
Date
Exhibit A: SCOPE OF WORK
A -1 GENERAL INFORMATION:
Project Title: Citizen Corps Program Regional Equipment, and Supplies
Sub Grantee's Name: City of Auburn
Contact Person: Sarah K. Miller
Job Title: Emergency Preparedness Manager
Complete Address: 25 W Main Street: Auburn, WA 98002
Phone: 253 - 876 -1909
Fax: 253 - 939 -7769
E -Mail: skmiller(aauburnwa.gov
A -2 INVESTMENT JUSTIFICATION:
Check ONE Investment Justification from the grant that will fund your project that best
describes it.
SHSP:
❑ Strengthen Plans, Training and Exercises to Enhance Preparedness Planning and
Regional Collaboration.
® Strengthen Citizen Preparedness and,Planning Capabilities.
❑ Interoperable Communications.
❑ Law Enforcement Operations and Improvised .Explosive Device (IED) Detection,
Deterrence and Response.
❑ Protect Regional Critical Infrastructure, Key:Resources, and other Critical-Assets.
❑ Strengthen Medical Surge and Mass Prophylaxis Capabilities.
❑ Strengthen Regional CBRNE Detection, Response, and Decontamination
Capabilities.
❑ Intelligence Production and Analysis - WA State Fusion Center and Regional
Intelligence Groups.
UASI Projects:
❑ Enhance CBRNE Response Operations.
❑ Community Preparedness.
❑ Law Enforcement Operations.
❑ Protect Critical Infrastructure, Key Resources, and Other Critical Assets.
❑ Urban Wide Interoperable Communications.
❑ Enhance Medical Surge.
❑ Preparedness Planning.
❑ EOC Management.
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:
GOAL #: 5.6
GOAL DESCRIPTION: Increase Citizen Preparedness and Participation
OBJECTIVE #: 5.6.2
OBJECTIVE DESCRIPTION: Build a strong statewide volunteer capability to assist
emergency responders for all- hazards by June 2011.
Identify ONE Strategic Category, ONE Target Capability and ONE Element in the Region
6 Homeland Security Strategic Plan that best represents the project:
STRATEGIC CATEGORY J
STRATEGIC CATEGORY DESCRIPTION: Citizen Preparedness
TARGET CAPABILITY #: 38
TARGET CAPABILITY DESCRIPTION: Citizen Corps
ELEMENT #:
ELEMENT DEFINITION: Equipment
UASI Projects:
Identify ONE Goal and ONE Objective in the UASI Seattle -King County Urban Area
Strategy that best represents the project:
GOAL #:
GOAL DESCRIPTION:
OBJECTIVE #:
OBJECTIVE DESCRIPTION:
A-4 PROJECT DESCRIPTION:
Describe your project using a maximum of two pages by answering ALL of the following
questions separately:
1. Provide a description of your project (who / what / where / when / why / how):
This project provides sustaining equipment to Citizen Corps programs inKing County.
2. What is the purpose of the project?
The purpose of the project is to: enhance existing Citizen Corps programs in9order to
retain existing members and potentially recruit new ones. This provides for better
citizen preparedness and a more robust volunteer Corps.
3. What problem does the project solve?
This projects provides equipment that would not otherwise. be available to Citizen
Corps program members, leaders, and instructors.
4. How does the project enhance local. /regional homeland security and preparedness for
CBRNE / Terrorist / WMD incidents?
A key component of the regional homeland :security plan is to increase Citizen
Preparedness. Citizen ,Preparedness is increased via the project by - 'providing
additional supplies and equipment to sustain programs after. this final grant is
concluded.
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.
Appropriate equipment needs to be identified, offered to programs; purchased in bulk,
then distributed.
6. What are the tangible results.and / or deliverables of the project?
Citizen Corps programs in King County will receive equipment and supplies necessary
to sustain their programs long -term.
7. How will the grant funds be used to support this project?
Grant funds will be used to purchase equipment and supplies.
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.
Activity
Estimated
Com • letion Date
03/31/2012
Identi a • • ro 'date e • ui • ment and su • 'lies
Place orders
04/30/2012
Distribute e• ui • ment and sus 'lies
5/31/2012
File final resort
7/15/2012
Exhibit B: BUDGET
B -1 ALLOWABLE COSTS:
Using Part VIII Other Information - HSGP Allowable Costs of FFY09 -HSGP Program
Guidance & Application Kit identify the allowable costs that best represent this project:
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.
Item Descripti
Budget Category
n
Planning
Training
Exercise
Equipment
Equipment
$ -
$ -
$ -
$ 5,440.50
Consultant Fees
$ -
$ -
$ -
Salaries & Benefits
$ -
$ -
$ _
Overtime /Backfill
$ -
$ -
$ _
Travel & Per Diem
$ -
$ -
$ _
Goods & Services
$ _
$ _
Total Amount
$ -
$ -
$ -
$ 5,440.50
Grant Total
$
5,440.50
• 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.
Exhibit C: APPROVED' EQUIPMENT LIST
NOT APPLICABLE TO THIS PROJECT
* * * ** This page left blank intentionally * * * **
RECEIVEZ.,
INTERLOCAL GRANT AGREEMENT , L r i') I 11
Contractor a and Address:
Kin g County
Office of Emergency Management
3511 NE 2nd Street
Renton, WA 98056
Agreement Amount:
$18,135
Agreement Nmber Uu mergerC;
,' .7C:';. „,. l ?i' i, Center
K860
Contractor's Contact Person, phone number:
B an Heartsfield, 206 205 -4062
Service Start Date:
February 15, 2011
Service End Date:
August 1, 2012
CCP Program Manager /phone number:
Denise Mack 360 725 -5290
Contract Start Date:
. Februa 15, 2011
Contract End Date:
Se . tember 15, 2012
Funding Authority:
Washington Commission for National and Community Service (Commission), Washington State Military Department
(Department) and the U.S. Department of Homeland Security (DHS) .
Funding Source Agreement #:
2010 -SS -T0 -0084
Program Index # & OBJ /SUB -OJ
703CL, 703CS NZ
CFDA # & Title:
97.067 SHSP
Women /Minority- Owned, State Certified ?:
// N/A ❑ NO ❑ YES, OMWBE #
Service Area by County(ies):
King •
TIN or SSN:
91- 6001327
Contractor Selection Process:
/ / "To all who apply & qualify” ❑ Competitive
❑ Sole Source ❑ A/E RCW
❑ Filed w /OFM? ❑ Advertised? ❑ YES ❑
Bidding
❑ N/A
NO
Contractor Type (check all that apply)
❑ Private Organization /Individual ❑ For -Profit
0 Public Organization/Jurisdiction 0 Non -Profit
❑ VENDOR // SUBRECIPIENT ❑ OTHER
22. BRIEF DESCRIPTION:
The U.S. Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA) is providing funds to
enhance the capability of state, local and tribal units of government to prevent, deter, respond to, and recover from
catastrophic and/or terrorist events through the FFY 2010 Homeland Security Grant, Citizen Corps Program. This funding
is being provided to address the unique exercise, training, planning, equipment, organization, and management and
administration needs for citizen preparedness and engagement.
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 (Exhibit A), Statement of Work (Exhibit B), and Budget (Exhibit C)
govern the rights and obligations of both parties to this contract.
The beginning date of performance under this Agreement shall be February 15, 2011, regardless of the date of execution.
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) Special Terms and Conditions
(c) Statement of Work, Exhibit B
(d) Budget, Exhibit C
(e) General Terms and Conditions, Exhibit A, and if attached,
(f) 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 TH OMMISSION:
Pt/ - e /2.0-ii
F R THE CONTRACTOgg,,•
Gv- � 2-14 -) I
Signature Date
William C. Basl, Executive Director
For
Washington Commission for National and Community Service
Signature Date
Caroline Whalen, County Administrative Officer
For
King County Department of Executive Services
SPECIAL TERMS AND CONDITIONS
FEMA - CCP -FFY 2010
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Page 1 of 16
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King County
ARTICLE I -- COMPENSATION SCHEDULE:
This is a 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 unlessi 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.
The Contractor may make changes to the budget, without a formal amendment to the Contract and without
securing the prior approval of the Commission, under the following conditions.
a. The revisions must not result in the need for additional funding.
b. Such changes must not alter the scope of the contract's work statement and must not be prohibited by
applicable federal or state statutes or regulations.
c. .Changes to the budget category Management and Administration (M&A) are not allowable andwill not
be reimbursed beyond the-budgeted amount.
d. Cumulative changes to budget categories less than 10% of the contract award are allowable. Such
changes- may be between budget categories and must not alter the total amount of.money awarded
under the contract. Cumulative changes to budget categories in excess of 10% of the contract award
will not be reimbursed without an executed amendment to the contract.
ARTICLE II - =REPORTS:
In addition toy 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
# /C•pies Due Date
Invoices 1 Within 30,days after the end of the period
(including Final) in which the work was performed as
specified in Exhibit B
Invoices must be submitted no more often than monthly, but at least quarterly: Failure to submit invoices in a
timely. manner wull cause the Commission to hold ,,all. requests for equipment approval until invoices are
submitted. Final Invoice shall not exceed overall contract amount.
Technical
Bi- Annual Progress Report
Close Out Report
# /Copies Due Date
Electronic January 15 and July 15 of each year
of the contract performance period
Electronic Due by contract end date
Failure to meet ANY of the reporting and invoicing deadlines will prohibit the Contractor from being reimbursed
and will prevent vetting of equipment requests while contract requirements are outstanding.
All contract °work must end on the Service End Date; August 1, 2012. The Contractor must submit all reports
and deliverables on or before the Contract End Date, September 15, 2012.
FEMA- CCP -FFY 2010
Page 2 of 16 King County
ARTICLE III -- KEY PERSONNEL:
The individuals listed below shall be considered key personnel. Any substitution must be made by written
notification to the Commission.
CONTRACTOR:
COMMISSION:
Name
B an Heartsfiled
Name
Denise Mack
Title
■ ssistant Director
Title
Citizen Cores Pro. ram Coordinator
E -Mail
Bryan.Heartsfield @kingcounty.gov
E -Mail
Denise.Mack a ofm.wa. a ov
Phone
206 205 -4062
Phone
360 725 -5290
ARTICLE IV -- ADMINISTRATIVE REQUIREMENTS:
The Contractor shall comply with all financial and procurement guidance, including competitive processes and
other procurement requirements, to include but not limited to: Office of Management and Budget (OMB)
Circulars, A -122 (Cost Principles for Non - Profit Organizations), A -133 (Audits of States, Local Governments,
and Non - Profit Organizations), The Federal Emergency Management Agency's codified regulations, 44 Code
of Federal Regulations (CFR), and the U.S. Department of Homeland Security's Financial Management Guide.
Local and state procurement and contracting regulations take precedence over these requirements when local
and state regulations are more stringent.
ARTICLE V -- ADDITIONAL SPECIAL CONDITIONS AND MODIFICATION TO GENERAL CONDITIONS:
1. The Contractor. shall use the funds to perform tasks as described in the Statement of Work and Budget
portions of this contract.
2. The Contractor shall submit required Progress Reports to hls.reoortingaemd.wa.gov and the
Commission's Key Personnel as required in the contract Milestones.
3. The Contractor shall submit at a maximum monthly and a minimum of quarterly, signed and approved,
invoice vouchers (State Form A -19) and a Reimbursement Spreadsheet to the Commission for costs
incurred.
4. The Contractor agrees that all exercises must comply with the Homeland Security Exercise Evaluation
Program (HSEEP). Upon completion of the exercise, an After Action Report and an Improvement Plan
must be prepared and submitted to the FEMA portal within 60 days of completion of the exercise.
Reimbursements for exercise related expenditures cannot be made until this requirement has been met.
5. The Contractor agrees that to receive any federal preparedness funding, all Environmental and Historical
Preservation (EHP) Program compliance requirements outlined in applicable guidance must be met. The
security enhancements, new construction, renovation, and modifications to buildings and structures that
are 50 years old or older require EHP review. All other projects, including training and exercise activities,
must be evaluated to determine impact. If impact is identified they must also go through an EHP review.
6. The Contractor agrees that to receive any federal preparedness funding, all National Incident
Management System (NIMS) compliance requirements outlined in applicable grant guidance must be met.
7. The Contractor agrees that grant funds may not be used to replace or supplant existing funding.
8. The Contractor agrees to provide a match of $0 of non - federal origin.
9. 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. The Contractor
agrees that it will not hold the Commission, the Military 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 Military Department, the State of Washington, or the
United States liable for any damages, claim for reimbursement or any type of payment if federal funds are
not appropriated or are not appropriated in a particular amount
FEMA- CCP -FFY 2010
Page 3 of 16 King County
ARTICLE VI — PROCUREMENT AND FINANCIAL MANAGEMENT:
1. All sole source contracts over $100,000 must 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 subcontractors, at
which point the Contractor will be responsible for reviewing and approving their subcontractors' sole
source justifications.
2 All contracts with individual consultants that are not competitively bid, and where the consultant will be
charging an excess of $450 per day (excluding travel and subsistence) must be approved by the
Commission before the contract is executed. This requirement must be passed on to all of the
Contractor's subcontractors, at which point the Contractor will be responsible for reviewing and approving
their subcontractors' contract.
3. No costs will be reimbursed in advance of their being incurred by the Contractor.
4. No costs will be reimbursed until the items have been received by the Contractor and invoiced by the
vendor.
5. Each A -19 will be accompanied by a spreadsheet detailing the expenditures. Related financial documents
and invoices must be kept on file by the Contractor and be made available upon request to the
Commission, the Military Department, and local, state, or federal auditors.
6. Requests for reimbursement of equipment purchases will include a copy of the authorized Equipment
Approval Request, 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 ".
7. No travel or subsistence costs, including lodging and meals, reimbursed with federal funds may exceed
federal maximum rates which can be found at http: / /www.asa.gov.
ARTICLE VII — EQUIPMENT MANAGEMENT:
1. Equipment must be purchased in compliance with the FEMA Authorized Equipment List (AEL), as detailed
at http: / /www.rkb.us /.
2. The Contractor or a Subcontractor shall submit all proposed equipment purchases to the Committee on
Homeland Security, Subcommittee on Equipment to ensure that the requested equipment is on the
Authorized Equipment List, is aligned with the statewide equipment purchasing strategy, and meets all
statewide interoperability and standardization requirements. No reimbursement for equipment costs will
occur until the appropriate approvals have been obtained.
3. All equipment purchased under this contract, by the Contractor or a subcontractor, will be recorded and
maintained in the Contractor's equipment inventory system, unless specific de- obligated funds are
contracted directly between a county, or other entity, and the State, in which case the contracted county
maintains the equipment records.
4. Upon successful completion of the terms of this contract, all equipment purchased through this contract
will be owned by the Contractor, or a recognized subcontractor /subgrantee for which a contract, subgrant
agreement, or.othermeans of legal transfer of ownership is in place.
5. The Contractor, or a recognized subcontractor /subgrantee, shall be responsible for any and all operation
and maintenance expenses and for the safe operation of their equipment including all questions of liability.
6. The Contractor shall maintain equipment records that include: a description of the equipment; 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 equipment.
7. Records for equipment shall be retained by the Contractor for a period of six years from the date of the
disposition, replacement or transfer. If any litigation, claim, or 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.
8. For the purpose of inventory and disposal of equipment purchased under this contract the 44 CFR Section
13.3 definition of equipment will be used. It defines equipment as a tangible, nonexpendable, personal
FEMA- CCP -FFY 2010
Page 4 of 16 King County
property having a useful life of more than one year and an acquisition cost of $5,000 or more per unit.
This definition will be used for equipment purchased with contract funds, unless local or state regulations
are more restrictive.
9. The Contractor shall take a physical inventory of the equipment and reconcile the results with the
equipment 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.
10. The Contractor shall develop a control system to ensure adequate safeguards to prevent loss, damage,
unauthorized use and theft of equipment, to include small and attractive items. Any Toss, damage or theft
shall be investigated and a report generated.
11. The Contractor will develop adequate maintenance procedures to keep the equipment in good condition.
12. If the Contractor is authorized or required to sell the equipment, proper sales procedures must be
established to ensure the highest possible return.
13. When original or replacement equipment is no longer needed for the original project or program or for
other 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.
14. Equipment purchased with funds from DHS grant programs should be marked with "Purchased with funds
provided by the U.S. Department of Homeland Security" whenever possible.
15. As subrecipient of federal funds, the Contractor must pass on equipment management requirements that
meet or exceed the requirements outlined above for all subcontractors, consultants, and subgrantees who
receive pass - through funding from this contract.
ARTICLE VIII — SUBRECIPIENT MONITORING
The Commission will monitor the activities and equipment acquisition 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, and applicable federal and state financial regulations.
Monitoring activities may include:
• review of performance reports and documentation of contract deliverables completion;
• documentation of phone calls, meetings, e-mails and correspondence;
• review of reimbursement requests to ensure allowability and consistency with contract budget and
contract deliverables;
• observation and documentation of contract related activities, such as planning, exercises, training,
funded events and equipment demonstrations;
• on -site visits to review equipment records and inventories, to verify source documentation for
reimbursement requests and performance reports, and to verify completion of deliverables.
As a subrecipient of federal funds, the Contractor is required to meet or exceed the monitoring activities, as
outlined above, for all subcontractors, consultants, and subgrantees who receive pass- through funding from
this contract.
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GENERAL TERMS AND CONDITIONS
Exhibit A
Subrecipient
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.
b. "Contractor" shall mean that firm, organization, group, individual, or other entity performing
services under this contract, and shall include all employees of the Contractor. It shall include
any subcontractor retained by the prime Contractor as permitted under the terms of this
contract. "Contractor" shall be further defined as one or the other of the following and so
indicated on face sheet of the contract.
1) "Subrecipient shall mean a contractor that operates a federal or state assistance
program for which it receives federal funds and which has the authority to determine
both the services rendered and disposition of program funds.
2) "Vendor" shall mean a contractor that agrees to provide the amount and kind of service
or activity requested by the Commission and that agrees to provide goods or services to
be utilized by.the Commission.
c. "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.
d. "Recipient " — a nonfederal entity that expends federal awards received directly from a federal
awarding agency to carry out a federal program.
e. "Pass- Through Entity" means the Washington State Military Department as it is applied to this
contract. As found in SAAM 50.30.30 — "A nonfederal entity that provides a federal award to a
subrecipient to carry out a federal program."
f. "Nonfederal Entity" is defined as a state local government or nonprofit organization (as
defined in federal Circular A -133).
"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.
h. "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.
i. "Grant" - For the purposes herein, the term "grant" may be used to mean "contracts" or "grants"
or "agreements ".
j. "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.
g.
k. "CFR" — Code of Federal Regulations
"OMB" — Office of Management and Budget
m. "RCW" - Revised Code of Washington
n. ' WAC' - Washington Administrative Code.
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2. SUBRECIPIENT MONITORING
a. The Commission, as a Recipient and /or Pass- Through Entity, 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 monitoring of
subrecipient grant activities using federal financial assistance. Management and
implementation guidelines for the federal programs ensure compliance with statutes, grant
guidelines, the sub -award agreement, Office of Management and Budget (OMB) circulars
(including OMB Circular A -133), subrecipient audits, and other guidance found in the Federal
Register.
b. The Contractor shall perform under the terms of the contract and the Commission has
responsibility for reasonable and necessary monitoring of the Contractor's performance. The
Commission shall conduct contract monitoring activities on a regular basis. Monitoring is
defined as any planned, ongoing, or periodic activity that measures and reasonable assurance
of 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 and /or Pass - Through Entity will conduct on -site visits as
appropriate and required .by contract for "for- profit" subrecipients, since the A -133 Single
Audit does not apply to "for- 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 Department, 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
reasonable times, in order to monitor and evaluate performance, compliance, and /or quality
assurance under this contract.
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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 Tess 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.gov 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 gant 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 indude 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.C. § 1352 and 15 C.F.R. Part 28); and safety and health regulations. The Commission is not
responsible for advising the Contractor about, or determining the Contractor's compliance with,
applicable laws, regulations and polides.
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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 conceming 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, or as required by law.
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.epls.gov.
13. LIMITATION OF AUTHORITY -- "Authorized Signature"
The signatories 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,
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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 contractrare 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, the Department 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 right, privilege or benefit applicable to an officer or employee of the
Commission,, the Department or of the State of Washington,- including, but not limited= to, - Worker's
Compensation coverage, unemployment insurance benefits, social security benefits, =retirement
membership or credit or privilege or benefit which would accrue to a civil service employee under
Chapter 41.06 RCW.
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,
the Department 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 requesta 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 temis 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.orservices.
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
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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 attempt 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.
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 attorneys 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
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
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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
maybe 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 Key Personnel 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 authorized by law.
The rights and remedies of the Commission provided for in this section shall not be exdusive 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, (ii) partially completed work and
services and /or equipment or supplies provided which are accepted by the Commission, (iii) 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
additiori-to any other rights and remedies provided by law.
After receipt of a notice of termination, and except as otherwise directed by the Commission in writing,
the Contractor shall:
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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
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Exhibit,B
Statement of Work
FFY 2010 State Homeland Security Program
INTRODUCTION: The FFY 2010 Citizen Corps Program (CCP) funds are provided to support Citizen Corps
Councils with efforts to engage citizens in aII- 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. Washington State is subdivided into nine (9) Homeland
Security Regions. Within each of the nine regions a Regional Homeland Security Coordinating Office
(RHSCO) has been identified.
King County Office of Emergency, Management is the Region 6 RHSCO. • King County Office of Emergency
Management (herein known as the Contractor) agrees to the following:
GENERAL PROGRAM REQUIREMENTS:
1. Work closely with the established Regional Homeland Security Council to develop _,a strategy and
subsequent budget for the use of these funds. The implementation of the projects or activities associated
with these funds will be coordinated with the counties, cities, and.the tribal governments located within the
established region.
2. Activities under this contract must have a clear correlation to the, goals, objectives, and priorities identified
in the Washington State (Strategic Plan, and corresponding Investment Justifications submitted in the FFY
2010 grant application.
3. Plan and implement equipment purchases, exercises, training, planning and management t& administration
activities in accordance with the FFY 2010 Homeland Security Grant Program Guidance, = which can be
found at http: / /www.feria aoilldovernment/drant/hsoNindex.shtm, as well as all subsequent policy
changes. '
4. Ensure that all subcontractors' and subgrantees are in compliance with the FFY 2010 Homeland. Security
Grant Program Guidance through monitoring of expenditures and periodic reviews of activities.
• 5. The FFY 2010 HSGP grant stipulates the following caps and thresholds:
• The Contractor will _ not be reimbursed for Management and Administrative costs that exceed the
budgeted amount (see Exhibit C), to meet the Federal 3% cap of the total award.
• Expenditures for promotional items must not exceed 15% of the total allocation.
• Expenditures for kits used in volunteer response (e.g., CERT or MRC kits /backpacks) or clothing for
official identification must not exceed 30% of the total allocation.
THE CONTRACTOR AGREES TO:
1. Provide continuing education opportunities on a zone basis for CERT trained citizens.
2. Purchase identifiable and protective clothing for Citizen Corps instructors and volunteers.
3. Support National Night Out activities with signage and other event materials.
4. Provide a CERT train - the - trainer class.
5. Support Citizen Corps programs through promotional materials.
THE COMMISSION AGREES TO:
1. Provide technical assistance, expertise, and state coordination with FEMA where necessary.
2. Reimburse the Contractor within 45 days of receipt and approval of requests for reimbursement which
includes all documentation of expenditures as required.
FEMA- CCP -FFY 2010
Page 14 of 16 King County
MILESTONES
FFY 2010 State Homeland Security Program
MILESTONE
TASK
February 15, 2011
Start of contract performance period.
Date of Last Signature
Contract Execution.
January 15, 2012
Submission of Bi- annual Report.
July 15, 2012
Submission of Bi- annual Progress Report.
August 1, 2012
End of contract performance period.
No later than September 15, 2012
Submit all final reports, requests for reimbursement and/or
deliverables,
FEMA- CCP -FFY 2010
Page 15 of 16 King County
Exhibit C
BUDGET SHEET
FFY. 2010 State Homeland Security Program
PLANNING
TRAINING
EXERCISE
Sub - Category
Salaries & Benefits
Consultants/Sub - Contracting
Goods & Services
Travel & Per Diem
Pass Thru
Other - Indirect
2,700
1,900
Total $
4,600
Sub - Category
Salaries & Benefits
Overtime
Consultants /Sub - Contracting
Goods & Services
Travel & Per Diem
Pass Thru
Other
8,135
Total $
8,135
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
EQUIPMENT
Total
Sub - Category
Pass Thru
$
5,400
18,135 I
Total Budget • $
Funding Source: 703CS
Funding Source: 703CL
Funding Source: 703CS
Funding Source: 703CL
Funding Source: 703CS
Funding Source: 703CL
Funding Source: 703CS
Funding Source: 703CL
Funding Source: 703CS
Funding Source: 703CL
`1. Cumulative changes to budget categories in excess of 10% of the contract award will not be reimbursed without prior written
authorization from the Department
'2. Federal funds may be used to suppliment existing funds, and will not replace (supplant) funds that have been appropriated for
the same purpose.
'3. The Contractor will not be reimbursed for Management and Administrative costs that exceed $0.
FEMA- CCP -FFY 2010
Page 16 of 16
King County