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HomeMy WebLinkAbout4557 RESOLUTION NO. 4 5 5 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE ACCEPTANCE OF A GRANT FROM THE KING COUNTY OFFICE OF EMERGENCY MANAGEMENT IN THE AMOUNT OF TWENTY FIVE THOUSAND DOLLARS ($25,000) TO PROVIDE EQUIPMENT TO KING COUNTY CITIZEN CORPS PROGRAMS WHEREAS, the City of Auburn is a participating member of the White River Valley Citizen Corps Council; and WHEREAS, the Department of Homeland Security has designated State Homeland Security Program (SHSP) funds to assist jurisdictions in providing programs and King County has designated some of those funds for Citizen Corps Programs; and WHEREAS, The City of Auburn sponsors programs that fall under the authorized activities of Citizen Corps Council programs; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Purpose. The City Council of the City of Auburn hereby accepts a grant from the King County Office of Emergency Management in the amount of Twenty Five Thousand Dollars ($25,000) to fund King County Citizen Corps Program supply and equipment acquisition and distribution. Section 2. Implementation. The Mayor of the City of Auburn is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this resolution. Resolution No. 4557 January 11, 2010 Page 1 Section 3. Effective Date. This Resolution shall be in full force and effect upon passage and signatures hereon. SIGNED and DATED this day of January 2010. CITY OF AUBURN R B. LEWIS MAYOR ATTEST: Danielle Daskam, City Clerk APP OVED AS TO FORM: D niel . Heid, City Atto ey • Resolution No. 4557 January 11, 2010 Page 2 ~~~~~ViED, JAN 2 8 2010 ICng County Office of Emergency Management . E K~n,~~ °ff'~e of ~ HOMELAND SECURITY SUBGRANT AGREEMENT FFYaG'Ty CUFRK,S E SUB GRANT AGREEMENT NUMBER: FFr08-sHSP-cc-002 FEB 112010 PROJECT TITLE: KING COUNTY CITIZEN CORPS SUPPLIES b EQUIPMENT . THIS AGREEMENT is made and entered into by and between King County and the City of Aubum, hereinafter "Subgrantee'", for the express purposes set forth in the following provisions of this Agreement. It is undersfood that funding for this Agreement has been granted to King Gounty by the United States Department of Homeland Security (DHS) through the Washington State Military Department, Emergency Management Division (EMD). The funding source of the grant is the FFY08 State Homeland Security Grant Statie Homeland Secwrity Program, Catalog of Federal Domestic Assistance (CFDA) # 97.067, State Contract # E09-178. Neither the DHS nor the Federal Government shall. be a party to any subagreement nor to any solicitations oc request for proposals. This Agreement shall be subject to the applicable grant contract between DHS-and EMD and the subgrant contract between EMD and King County. The Subgrantee agrees not to perform any act, fail to perform any act, or refuse to comply with any King County requests that would cause King Counry to be in violation of the DHS and EMD grant terms and conditions, a copy of which is attached hereto as Exhibit D. NOW THEREFORE, King County and the Subgrantee mutually agree as follows: \ 1. SCOPE OF WORK, BUDGET.AND APPROVED EQUIPMENT LIST The Subgrantee will accomplish the work and tasks as set forth in this Agreement including the Scope of Work, (attached hereto as Exhibit A), Budgef (Exhibit B) and Approved Equipment List (Exhibit C). 2. PER10D OF PERFORMANCE The period of performance under this Agreemenf will be from January 1, 2010 to August 31, 2010 . All work must be satisfactorily oompleted, and all invoioe reimbursement requests, reports, and deliverables must be submitted to IGng County Office of Emergency Management, by the end of this Period of Perfomnance. 3. CONTRACT REPRESENTATNES King County's Project Manager on this Agreement shall be Tony Lewis - Grant Administratoc at - - King County Office of Emergency Management. The Project Manager shall be responsible for monitoring the performance of tlie Subgrantee, the approval of actions by the Subgrantee, approval for payment of billings and expenses submitted by the Subgrantee, and the acceptance of any reports by the Subgrantee. The Subgrantee's representatiye to this Agreement shall be Sarah K. Miller - Emergency Preparedness Manager, for the City of Aubum, who will be the contact person for all communications regarding the conduct of work under #his Agreement and who will ensure that all terms ofthe Agreement are met. Any notice required or permitted under this Agreement shall be deemed sufficiently given or served if sent to King County or the Subgrantee at the addresses provided below: Page 1 of 38 ~ ' If to King County: Tony Lewis King County Office of Emergency Management 3511 N E 2"d Street ' Renton, WA 98056 PH: 206.296.3830 / FAX: 206.205.4056 Tony. Lewis@kingcounty:gov If to the Subgrantee: Sarah K. Miller 340 E Main St., Suite 201 . Auburn, WA 98002-5548 PH: 253-876-1909 / FAX:: 253-939-7769 skmiller@auburnwa:gov 4. REIIVIBURSEMENT REQUESTSAND PAYMENT This is a reimbursement Agreement and will not to exceed $ 25,000.00 (Twenty-fire thousand do//ars and no cents) with compensation payable to the Subgrantee for satisfactory performance of the work under this Agreement. Payment for satisfactory performance of the work shall not exceed this amount. The parties may amend this amount by mutual agreement: Compensation for satisfactory worc performance shall be payable upon receipt of properly completed Invoice Reimbursement Request, which is available fo the Subgrantee at. http://www.kingcounty_aov/safety/areoare/EmergencyManagementProfessionals/Gra nts/SubGrants.aspx Invoice Reimbursement Request forms for eligible costs may be submitted no more than monthly and no less than quarterly after expenses have been incurred. Supporting documentation is required for reimbursement of all expenses related to the Scope of Work, Budget and Approved Equipment List in Exhibits A, B and C. Supporting documentation ` includes, but is not limited to, paid, invoices to vendors; paid expense claim forms, canceled checks, etc. The documentation must also include the date of payment by the Subgrantee to ensure that the work was completed within the subgrant period of performance. When seeking reimbursement for equipment, the Subgrantee must also present a Hand Receipt Form. lGng County may also require the Subgrantee to document that funding govemed by this Agreement is not being used tD replace or supplant exasting programs, staff oosts, activities and/or, . equipment Payment shall be considered timely if mailed by King County to the Subgrantee within thirty (30) calendar days after receipt of properly co"mpleted Invoice Reimbursement Request Payment shall be sent to the address designated by the Subgrantee on the Invoice Reimbursement Request form. King County may, at its sole discretion, withhold payments claimed by the Subgrantee for services rendered if King County has determined that the Subgrantee has failed to satisfactorily comply with anyterm or condition of this Agreement. King County does not incur liability for any payment to the Subgrantee that is. subsequently disallowed by State or Federal granting agencies. King County reserves the right to withhold or recoup payment for work or activities determined by funding agencies to be ineligible for reimbursement. Page 2 af 38 5. REPORTING REQUIREMENTS Narrative Progress Reports are due on a quarteriy basis. This report must include . the Subgrantee's progress in implementing the Scope of Work, ineluding 'any problems encountered and possible oost overruns or under runs. If no_progress has been made on the AQreement a report must still be provided quarterly. ~ 6. RECORDS MAINTENANCE , The Subgrantee shall maintain acoounts and records, including personnel, financial, and programmatic records, and other such records as may be deemed necessary by King County, to ensure proper accounting for all project funds and compliance with this Agreement All such records shall sufficiently_and properly reflect all direct and indirect costs of any nature expended and service provided in the performance of this Agreement. These records shall be maintained for a period of six (6) years after subgrant close-out, and shall be subject to inspection, review or audit by King County, State or Federal officials as so authorized by law. 7.EQUIPMENT MANAGEMENT, ADMINISTRATIVE 8 GENERAL PROGRAM REQUIREMENTS A. EaUIPMENT MANAGEMENT AU equipment purchased under this Agreement by the Subgrantee will be recorded and maintained in an equipment inventory system. 1. The Subgrantee shall submitall proposed equipment purchases to the appropriate., committee to ensure that the requested equipment is on the Authorized Equipment List (AEL), is aligned with the statewide equipment purchasing strategy, and meets all statewide interoperability and standardization requirements. No reimbursement for' equipment costs will occur un"til the appropriate approvals have been obtained: , 2. The Subgrantee shall ensure full compliance with FEMA's Environmental and Historic Preservation (EHP) Program requirements as outlined in the applicable grant guidance. 3. Upon successful completion of the terms of this Agreement, all equipment purchased through.this Agreement will be owned by the Subgrantee, or a recognized sub-grantee for which a contract, subgrant agreement, or other means of legal transfer of ownership is in place. ~ 4. The Subgrantee, or a recognized subgrantee shall be responsible for any and all operation and maintenance ezpenses and for the safe operation of the equipment, including all questions of liability. 5. The Subgrantee shall mainta.in equipment records that include; a description of the equipment; the manufacturers serial number, model number, or other iclentification number; the source of the equipment, including the Catalogue of Federal Dorriestic Assistance or CFDA number; who holds title; the acquisition date; the cost of the equipment and the percentage of Federal participation in the cost; the location, use and condition of the equipment at the date the informa_tion was reported; and disposition data including the date of disposal and sale price of the property. 6. Recordsfor equipmenf:shall be retained by the Subgrantee for a period of six (6) years from the date of the disposition, replacement or transfer. If any litigation, claim, or audit is started before the expiration. of the six (6) year period, the records shall be retained by the Subgrantee until all litigations, claims, or audif findings involving the records have been resolved. 7. The Subgrantee shall take a physical inventory of the equipment and reconcile the results with the property records at least once every two (2) years. Any differences between quantities determined by.the physical inspection and those shown in the records shall be investigated by the Subgrantee to determine the cause of the difference. Page 3 of 38 The Subgrantee shall, in connection with the inventory; verify the existence, current utilization, ancl continued need for the equipment 8. For the purpose of inventory and disposal of equipment purchased under this contract the 44 CFR Section 13.3 definition of equipment will be used. It defines equipment as a tangible, nonexpendable, personal property having a useful life of more than one year . and an acquisition, cost of $5,000 or more per unit. This definition will be used for equipment purchased with contract funds, unless local orstate regulations are more ` restrictive. 9. The Subgrantee shall develop' a control system to ensure adequate safeguards to prevent loss, damage, unauthorized use and theft of the equipment to include small and attractive ifems. Any loss, damage or theft shall be investigated and a report generated which will be submitted to King County Office of Emergency Management:. 10. The Subgrantee will develop adequate maintenance procedures to keep the property in good condition. 11. If the Subgrantee is authorized or required to,sell the property, proper sales procedures must be established to ensure the highest possible return. 12. When original or replaeement equipment is no longer needed for the original project or program' or for other activities currently or previously supported by a Federal agency, disposition of the equipment will be made as follows: a. Items of equipment with a current per-unit fair market value of less than $5,000 may be retained, sold or otherwise disposed of by the Subgrantee with no further obligation to the awarding agency. b. Items of equipment with a current per-unit fair marketvalue of more than $5,000 may be retained or sold and the Subgrantee shall compensate the Federal- sponsoring agency for its share. As subgrantees of federal funds the Subgrantee must pass on equipment management requirements that meet or exceed the requirements outlined above for all subgrantees who receive pass-thru funding from this contract B. ADMINISTRATNE REQUIREMENT$ The Subgrantee shall comply with all financial and procurement guidance, including competitive processes and other procurement requirements, to include but not limited to Office of Management and Budget (OMB) Circulars A-87 Cost Principles for State, Local and Indian Tribal Govemments, A102 Grants and Cooperative Agreements with State and Local Govemments, A122 Cost Principles for Non-Profit Organizations, A133 Auciits of States, Local Govemments, and Non-Profit Organizations, the Federal Emergency Management Agency's codified regulations, 44 code of Federal Regulations (CFR), and the U.S. Department of Homeland $ecurity's Financial Management Guide. Local and state procurement and contracting regulations take precedent over these requirements when local and state regulations are more stringent. C. General Requirements Subgrantee must adhere to all financial and procure guidance, including: • Adhere to Office of Grants and Training requirements that all sole source contracts over $100,000 be reviewed and approved by the King County prior to execution of a contract. This requirement must be passed on to all of the Subgrantee's sub- contractors, at which point the Subgrantee will be responsible for reviewing and approving their sub contracfor's sole source justification. Page 4 of 38 • Adhere to Office of Grants and Training requirements that all contracts with individual consultants, that are not competitively bid, and where the consultant will be charging an excess of $450 per day (excluding travel and subsistence) must be approved by King County before the contract is executed. This requirement must be passed on to all of the Subgrantee's sub-contractors, at which point tFie Subgrantee will be responsible for reviewing and approving their sub-contractor's contract. • Grant funds may not be used to replace or supplant exisfing funding. _ , No travel or subsistence costs, including lodging and meals, reimbursed under this sub grant agreement,may exceed federal maximum rates which can,be found at www.gsa.gov. 8. COMPLIANCE WITH APPLICABLE LAWS AND GRANT REQUIRENIENTS The Subgrantee shall be responsible for following all applicable Federal, State and local laws, ordinances, rules and regulations in the performance of work described herein, New federal laws, regulations,: policies and administrative practices may be established after the date this Agreement is established and may apply to this Agreement. To achieve compliance with changing federal requirements, the Subgrantee agrees to accept all changed requirements that - apply to this Agreement and to require compliance with changed requirements in all subcontracts. Failure to comply shall constitute a material breach of this Agreement. By entering into this Agreement the Subgrantee :agrees that to receive any federal preparedness funding, all National Incident Management System (NIMS) compliance requirements outlined in applicable grant guidance musf be met. The Subgrantee and all its subconfractors shall coml2lv with, and DHS is not responsible for determining compliance with, any and all applicable federal, state, and local laws, regulations, and/or policies. This obligation includes, but is not limited. to, laws, regulations and policies listed in this Agreement. A. EGiUAL EMPLOYMENT OPPORTUNITY During the performance of this Subgrant, the Subgrantee shall comply with all federal and state nondiscrimination statutes arid regulations. These requirements include, but are not limited to: 1. Nondiscrimination in Employment: The Subgrantee shall not discriminate against any employee or applicant for employment because of race, color, sex, sexual orientation, religion, nafional origin, creed, marital status, age, Vietnam era or disabled veterans status, or the presence of any sensory, mental, or physical handicap. This requirement does not apply, however, to a religious corporation, association, educational institution or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution or society of its activities. 2. The Subgrantee shall take affirmative action to ensure that employees are employed and treated during employment withouti discrimination because of their race, color, religion, national origin, creed, marital status, age, Vietnam era.or disabled veterans status, or the presence of any sensory, mental, or physical handicap. Such action shall include; but nof be limited to, the following: Employment, upgrading, demotion, or transfer, recruitment, or recruitment selection for training, including apprenticeships and volunteers. Ref: Executive Order 11246, as amended by Executive Order 11375; Title VII of the Civil Rights Act, as amended, 42 USC § 2000e; section : 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 USC § 623; section 102 of the Americans with Page 5 of 38, , i Disabilities Act, as amended, 42 USC 12101 et seq.; 29 CFR Part 1630; 41 CFR § 60- 1.4. ' ; B. NON-DISCRIMINATION During the performance of this Agreement, neither the Subgrantee nor any party subcontracting under the authority.of this Agreement shall discriminate on the basis of race, . colot, sex,; religion, nationality, cceed, marital status, sexual orientation, age; or presence of any sensory, mental, or physical handicap in the employment or application for employment or in the administration or delivery of or access to services or any other benefits under this Agreementas deflned by King Counfy Code, Chapter 12.16. During the performance of this Agreement, neither the Subgrantee nor any party subcontracting under the authority of this Agreement shall engage in unfair employment practices as defined by King County Code, Chapter 12.17 or 12.18. The Subgrantee , shall comply fully with all applicable Federal, State and local laws, ordinances, executive orders and,regulations that prohibit such discrimination. These laws include, but are not`limited to, RCW Chapter 49.60 and Titles VI and VII of the Civil Rights Act of 1964. During the performance of this Agreement, the Subgrantee, for itself, its assignees and successors-in-interest agrees as follows: 1. Nondiscrimination The Subgrantee, with regard to the work perFormed by it during the Agreement, shall not discriminate on the grounds of race, color, creed, gender, disability, age or national origin in the selection and retention of subcontractors. The Subgrantee shall not participate either directly or indirectly . in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the Agreement covers a program set forth in Appendix B of the Regulations. . Ref: 20 USC 1681. etseq, Age Discrimination Act of 1975, as amended, 42 USC 6101 et seq.; Section 504 of tlie Rehabilitation Act of 1973, as amended, 29 USC § 794, Americans with Disabilities Act of 1990 (ADA), as amended, 42 USC 12101 etseq. 2. Solicitations for Subcontracts, Including Procurements of Materials and Equipment In all solicitations either by competitive proposal or negotiation made by the Subgrantee for work to be performed under a subcontract each potential subcontractor or supplier shall be notified by the Subgrantee of the Subgrantee's obligations under this Agreement and the regulations relative to nondiscrimination on the grounds of race, color, creed, gender, disability, age or national origin. 3. Information and Reports The Subgrantee shall provide all information and reports required by the regulations or directives issued pursuant tliereto and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined to be pertinent to ascertain compliance with such regutations, orders and instructions. The Subgrantee shall maintain all required records for at least six (6) years after King County makes final payment and all other pending matters are closed. 4. Incorporation of Provisions The Subgrantee shall include the provisions :of paragraphs A through D of this section in every subcontract, unless exempt by the regulations or directives issued pursuant thereto. The Subgrantee shall take such action with respect to any subcontract or procurement as . King County or DHS may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, however, that, in the event the Subgrantee Page 6 af 38 becomes invoived in or is threatened with litigation with a subcontractor or supplier as a result of such direction, the Subgrantee may request King County to enter 'into such litigation to protect the interests of the County, and in addition, the Subgrantee may request the Federal Government to enter into such litigation to protect the interests of the United States. C. AMERICANS WITH DISABILITIES ACT In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C.. § 12112, the Contractor shall comply with tlie requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. The Subgrantee is required to comply with all applicable requirements of the Americans with Disabilities Act of 1990 (ADA), 42 USC 12101, et seq.; Section 504 of the Rehabilitation Act of 1973, as amended, 29 USC § 794; and, and the following regulations and any amendments thereto: 1. U.S. Department of Justice (DOJ) regulations, "Nondiscrimination on the Basis of Disability in State and Local Govemment Services," 28 CFR Part 35; 2. U.S. Department of Justice regulations, "Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities," 28 CFR Part 36; ~ 3. U.S. General Services Administration regulations, "Construction and Alteration of Public Buildings," 41 CFR Subpart 101-19; . 4. U.S. Equal Employment Opportunity Commission (EEOC) "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 CFR Part 1630; 5. U.S. Federal Communications Commission regulations, "Telecommunications Relay Senrices and . Related Customer Premises Equipment for the Hearing and Speech Disabled", 47'CFR Part 64, Subpart F. D. PRNACY ACT Should the Subgrantee, or any of its subcontractors, or their employees administer any system of records on behalf of the Federal Govemment, the Privacy Act of 1974, 5 USC § 552a, imposes information restrictions on" the party administering the system of records. For purposes of the Privacy Act, when the. Agreernent involves the operation of a system of records on individuals to accomplish a govemmenf function, the Subgrantee and any subcontractors and their employees involved therein are considered to be government employees with respect to the govemment function. The requirements of the Act, including the civil and criminal penalties for violations of the Act, apply to those individuals involved. Failure to comply with the terms of the Act or this provision of this Agreement shall make this ' Agreement subject ~to termination. The Subgrantee agrees to include this clause in all subcontracts awarded under this Agreement that involve the design, development, operation, or maintenance of any system ofrecords on individuals subject to the Act. E. INTEREST OF MEMBERS OF OR DELEGATES OF CONGRESS, Pursuant to 41 USC § 22, no member of or delegate; to the Congress of the United States. shall be admitted to any share or part of this Agreement or to any benefit arising therefrom. , Page 7 af 38 • F. DISCLOSURE OF LOBBYING ACTNITIES ' i Agreements in excess of $100,000 require thaf a Certification Regarding Lobbying, and Disclosure of Lobbying Activities (if appropriate), be completed and submitted to King County as required by 49 CFR Part20, "New Restrictions on Lobbying:" The Subgrantee certifies that it shall not and has not used Federal appropriated funds fo pay any person or organization for influenc'ing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a. member of Congress in connection with obtaining any Federal Contract, grant or any other ' award covered by the Byrd Anti-Lobbying Amendment, 31 USC § 1352. The Subgrantee shall d'isclose the name- of anY re9istrant under the,Lobbying Disclosure Act of 1995, codifed at 2 USG § 1601 et seq:, who has made lobbying contacts on its behalf with non-Federal funds with respect to,that Federal Contract, grant or award covered by 31 USG § 1352. Such disclosures are to be forwarded to King County. The Subgrantee shall include the language of thi5 certification in all subcontract awards at any tier and: require that all recipients of subcontract awards in excess of $100,000 shall certify and . disclose accordingly. Ref: 49 CFR Part 20, modified as necessary by 31 USC § 1352. G. FALSE OR FRAUDULENT STATEMENTS OR CLAIMS ~ The Subgrantee acknowledges that if'it makes a false, fic#itious, orfraudulent claim, statement, submission, or certification to King County in connection with this project, the County resenres the right to pursue the procedures and impose on the recipient the penalties of 18 USC 1001, 31 USC 3729 and 3801 et seq.; andLor 49 USC § 5307(n)(1), as may be appropriate. The Subgrantee agrees fo include this clause in all subcontracts awarded under this Agreement. H. ENERGY CONSERVATION The Subgrantee agrees to cornply with mandatory,standards and Policies relating to energy efficiency that are contained in the State Energy Conservafion plan issued in compliance with the Energy Policy and Conservation Act; 42 USC 6321 et seq., and 49 CFR Part 18. The Subgrantee agrees to include this clause in all subcontracts awarded under this - Agreement. 1. ENVIRONMENTAL REQUIREMENTS The Subgrantee agrees. to comply' with the applicable requirements of the National Environmental Policy Act bf, 1969, as amended, 42 USC 4321, et seq., consistent with Executive Order No. 11514, as amended, "Protection and Enhancement of Environmental Quality," 42 USC § 4321 note. Council on Environmental Quality regulations on compliance with the National Environmental Policy Act.of 1969; as amended, 42 USC § 4321 etseq. and 40 CFR Part 1500, etseq. J. PREFERENCE FOR RECYCLED.PRODUCTS To the extent practicable and economically feasible, the Subgrantee agrees to provide a competitive preference for products and services that consenre natural resources and protect the environment and are energy efficient. Examples of such products may include, but are not limited to, products described in the United State's. EPA Guidelines at 40 CFR Part 247; implementing section 6002 of the Resource Conservation and Recovery Act, as amended, 42 USC § 6962, and Executive Order 12873. - K. PATENT RIGHTS If :any invention, improvement, or discovery of the Subgrantee or any of its Subcontractors is conceived or first acfually reduced to practice in the course of or under this Agreement, and that Page 8 of 38 invention, improvement, or discovery is patentable under the laws of the United States or any foreign country, the Subgrantee agrees to notify King County immediately and provide a , detailed report. The.rights and responsibilities of the Subgrantee and King County with respect #o such invention, improVement or discovery shall be determined in accordance with applicable federal laws, regulations, policies, and any waiver thereof. Unless the Federal Government later makes a contrary determination in writing, irrespective of the Subgrantee's status (i.e., a large business, small business, state govemment or state instrumentality, local govemment, nonprofit organization, academic institution, individual), the County and the Subgrantee agree to take the necessary actions to provide; through DHS, those rights in that invention due the Federal Government as described in U,S. Department of ~ Commerce regulations, "Rights to Inventions Made by Nonprofit Organizations and. Small Business Firms Under Govemment Grants, Contracts and Cooperative Agreements," 37 CFR Part 401. The Subgrantee also agrees to inelude the requirements of this section in, eaeh subcontract for experimental, developmental, or reseacch work financed in whole or in part with Federaf assistance provided by DHS. Ref: 49 CFR Part 19, Appendix A, Section 5 L.. OMB CiRCUUARs The Subgrantee shall comply with OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal Govemments; OMB A 102, Grants and Cooperative Agreements with State and Local Governments; OMB A-122, Cost 'Principles for Non-Profit Organizations; and A:133, Audits of States, Local Governments, and Non-Profit Organizations. M. $INGE AUDIT ACT Non-federal entities receiving financial assistance of $500,000 or more in Federal funds from all sources, direct and indirect, are required to have a single or a program-specfic audit conducted in accordance with the U.S. Office of Management and: Budget (OMB) Circular A- 133, Audits of States, Local Govemments, and Non=Profit Organizations (Revised June 27, 2003; effecUve for fiscal years ending after December 31, 2003). Non-federal entities that spend less than $500,000 a year in Federal awards are exempt from Federal audit requirements for ttthat year, except as noted in Circular No. A-133. Entities required to have an audit must ensure the audit is performed in accordance with Generally Accepted Auditing Standards (GAAS), Government Auditing Standards (the Revised Yellow Book) developed by the Comptroller General and the OMB Compliance Supplement. The Subgrantee has the responsibility of notifying the State Auditor's Office and requesting an _ audit, if required. - 1 The Subgrantee shall maintain auditable records and accounts so as to facilitate the audit requirement and shall ensure that any subrecipients or subcontractors also maintain auditable records. ' The Subgrantee must send a letter stating there has been a single audit completed and there were no findings,or if there were findings, the letter should provide a.list of the findings. The Subgrantee is responsible for any audit exceptions incurred by its own organization or that of its subcontractors. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report. The Subgrantee must respond to King County Office of Emergency Management requests for information or corrective action concerning audit.issues or findings within 30 days of the date of request. King County Office of Emergency Management reseryes the right to recover from the Subgrantee all disallowed costs resulting from the audit. In addition to sending a copy of the audit, the Subgrantee must Page 9 af 38 include a coRective action plan for any audit findings and a copy of the management letter'if ' one was received. The Subgrantee must send tFiis letter to King County no later than nine (9) months after the end` ofthe Subgrantee's fiscal year(s). The Subgrantee shall include the above audit requirements in any subcontracts. N. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, OR INELIGIBILITY If Federal. funds are the basis for this contract, the Subgrantee certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in transactions liy any Federal department or agency. By signing and submitting this Agreement, the Subgrantee is providing the signed certifcation set out below. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered inta if it is later determined that the Subgrantee knowingly rendered an. erroneous certification, the Federal Govemment and County may pursue available remedies, including suspension and/or debarment. The Subgrantee shall provide immediate written notice to King County if at any time the Subgrantee leams ' that its certification was erroneous when submitted or has become erroneous by 'reason of: changed circumstances. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant,° "persons," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549 [49 CFR Part 291. The Subgrantee agrees by signing this Agreement that it shall not knowingly enter into any covered transaction with a person or. subcontractor who is debarred, suspended, declated ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized in writing by King County. The Subgrantee shall include the, requirement in this section in any subcontracts. 9. AMENDMENTS This Agreement may be amended only by written concurrence of both parties. Amendments to Scope of Work (Exhibit A), Budgef (Exhibit B) and Approved Equipment List (Exhibit C) will only be approved if the proposed amendment is consistent with State and Federal granting agency rules. Except for changes in Equipment and Salaries & Benefits on 'the Budget (Exhibit B), up to ten percent (10%) of the total award amount may be shifted between the other approved budget categories and sub categories., For Equipment, Salaries & Benefits or amounts over ten , percent (10%), the Subgrantee must submit a written budget amendment request for approval. Such requests will only be approved if the proposed change(s) is (are) consistent with and/or achieve(s) the goals stated in the Scope of Woric (Exhibit A) and falls within the grant requirements. 10. TERMINATION This Agreement may beterminated by King County, in whole or in part, forconvenience without cause prior to the end of the Period of Performance, upon thirty (30) calendar days advance written notice. This Agreement may be terminated by either party, in whole or in part, for cause prior to the end , of the Period of Performance, upon thirty (30) calendar days advance written notice. Reasons for termination for cause may include but not be limited to: material issues of nonperformance misuse of funds, andlor failure to provide grant-related inyoices, reports, or any requested documentation. Page 10 of 38 If the Agreement is terminated as provided above, King County will be liable only for payment in accordance with the terms of this Agreement for satisfactory work completed prior to the effective date of #ermination.. The Subgrantee shall be released from any obligation to provide further services pursuant to this Agreement. Nothing herein shall limit, waive; or extinguish any right or remedy provided by this Agreernent or lawthat either party may have in the event that the obligations, terms and conditions set forth in this Agreement are breached by the other party. Funding under this Agreement beyond the current appropriation year is conditional upon appropriation of sufficient funds to support the activities described in this Agreement. Should such an appropriation not be approved,,this Agreement will terminate at the close of the current appropriation year. 11. HOLD HARMLESS AND INDEMNIFICATION The Subgrantee shall protect, indemnify and hold harmless King County, its officers, officials, "agents, and employees from and against any and all claims,, costs, and/or issues whatsoever occurring from any and' aIF actions by the Subgrantee. and/or its subcontractors pursuant to this Agreement. The Subgrantee shall defend at its own expense any and all claims, demands, suits, penalties, losses,- damages, or costs of any kind whatsoever (hereinafter "claims") brought against King County arising out of or incident to the Subgrantee's execution of, . performance of or failure-to perform this Agreement:- Claims shall include but not be limited to , assertions that the use or transfer of any software, book, document, report, film, tape, or sound reproduction or material of any kind, delivered hereundec, constitutes an infringement of any copyright, patent, trademark, trade name, and/or otherwise results in unfair trade practice. In the event the County incurs attomey fees and/or.costs in the defense of claims within the scope of the paragraph above, such attorney fees and costs shall be recoverable from the Subgrantee. In addition King County shall be entitled to recover from the Subgrantee its attorney fees, and costs incurred to enforce the provisions of this section. 12. INSURANCE Subgrantee shall provide and maintain and shall cause ifs subcontractors to provide and maintain Commercial General Liability in the minimum amount of $1,000,000 per occurrence and $ 2,000,000. in the aggregate. King County, its officers, officials, agents and employees shall be named as additional insureds: If the Agency is a Municipal Corporation or an agency of the State of Washington and is self- insured for any of the'above insurance requirements, a eertification of self-insurance shall be submitted to King County Office of Emergency Management and shall constitute compliance with this section. 13. SCHEDULE OF DCPENDITURES OF FINANCIAL A$SISTANCE King County Govemment Subgrantees :should not include expenditures incurred by your , agency and reimbursed by DHS through King County Office of Emergency Management on your annual Schedule of Expenditures of Financial Assistance. King County Office of Emergency Management, the lead agency for this federal award, is responsible for including these expenditures on their Schedule of Expenditures of Financial Assistance. 14. ENTIRE CONTRACT/WAIVER OF DEFAULT This Agreement is the complete expression of the agreement of King County and the Subgrantee hereto, and any oral or written representations of understandings not incorporated herein are excluded. Waiver of any default shall not be deemed -to be a waiver of any subsequent default. Waiver of breach of any provision of this Agreement shall not be deemed Page 11 of 38 to be waiver of any other oc subsequent breach and shall not be construed to be an amendment of the ferms ofithis Agreement unless stated to be such through written approval by both parties and shall be attached to the original Agreement. 15. SEVERABILIIY : . ; If, any section, subsection, sentence, clause or phrase of this Agreement is, for any reason, found to be unconstitutional or otherwise invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining` portions ofi this Agreement. . 16. APPROVAL This Agreement shall be subject fo the written approval of King County's authorized iepresentative and shall not be binding untif so approved. TH13 AGREEMENT, consisting of 12 pages and 4 attachments, is executed by the persons signing below who warrant and represent that they have the authority -to execute the Agreement. IN WITNESS WHEREOF this Agreement has been executed by each party on the date set forth below: . CI N KING COUNTY / BY Name & Title PE1SK 5 • ~~j MAy°P'- PRobin Friedman, Director \1o1~~1c~ - ~ -dj Tr' Date Date Page 12 of 38 ' Exhibit A: SCOPE OF WORK A 1 GENERAL INFORMATION: Project Ttle: King County Citizen Gorps Supplies and Equipment Sub Grantee's Name: City of Aubum Contact Person: Sarah K. Miller Job Titie: Emergency Preparedness Manager Complete Address: 340 E Main St, Suite 201; Aubum, WA 98002 Phone: 253-876-1909 Fax: 253-939-7769 E-Mai1: skmiller@auburnwa.gov A 2 INVESTMENT JUSTIFICATION: Check ONE Investment Justification from the grant that will fund your project that best describes it. SHSP & LETPP'Projects; ❑ Protect Critical Infrastructure, Key Resources and Other Critical Assets F-1 . Medical Surge and Mass Prophylaxis ❑ Strengthen Plans,. Ptotocols, Training and Exercises to Enhance Preparedness Planning . ❑ Interoperable Communications ❑ Strengthen Regional CBRNE Detection; Response and Decontamination Capabitities Z Strengthen Regional Public Awareness and Community Preparedness Planning ❑ Law Enforcement Operations and IED Detection, Deterrence and Response ❑ Intelligence Production and Analysis - Washington Joint analytical Center and ' Regional Intelligence Groups UASI Projeds: ❑ Preparedness Planning ❑ Enhance CBRNE Response Operations ❑ Enhance Medical Surge ❑ Urban Wide Interoperable Communications ❑ Law Enforcement Operations ❑ Citizen Preparedness . Page 13 of 38' . • \ A 3 GOAL & OBJECTNE SHSP & LETPP Projects: , Identify ONE Goal and ONE Objective in the Washington Statewide Homeland Securitv , Strategic Plan that best represents the project: GOAL 5.6 GOAL DESCRIPTION: Increase Citizen Preparedness.and Participation OBJECTIVE 5.62 , OBJECTIVE DESCRIPTION: Build a strong stafewide volunteer capability to assist. emergency.responders for all-hazards by June 2011. ldentiffy ONE Strategic Category, ONE Target Capability and ONE Element in the Reg'ion 6 Homeland Security. Strategic Plan.that best represents the projecf: , STRATEGIC CATEGORY J STRATEGIC CATEGORY DESCRIPTION: Citizen Preparedness T'ARGET CAPABILITY 38 TARGET CAPABILITY DESCRIPTION: Citizen Corps ELEMENT ELEMENT.DEFINITION: Equipment UASI Projects: . Identify ONE Goal and ONE Objective in the UASI Seattle-King County Urbah Area Strate4v that best represents the project: GOAL GOAL DESCRIPTION: OBJECTIVE OBJECTIVE DESCRIPTION: , Page 14 of 38 - A-4 PROJECT DESCRIPTION: Describe your project using a maximum of two pages by answering ALL of the following questions separately using complete sentenoes: 1. Provide a description of your project (who / what / where / when / why / how): With funds received, equipment and supply support will be provided to all recognized King County Citizen Corps teams, including CERT and Medical Reserve Corps. The ' King County Citizen Corps Sub-Committee Steering Committee allocated $25,000 to provide recognized Citizen Corps programs within King County with equipment and supplies (identified below). for'the purposes of this grant funding, qualifying programs are defined as active programs which are properly registered on the national Citizen Corps website. CERT programs must at a minimum teach the standard, 20 hour curriculum. Approximately $10,000 has been allocated to CERT programs and $15,000 to MedicaF Reserve Corps and other qualified prograrns. Aubum Emergency Management will be the point of contact for this grant request. 2. What is the purpose of the project? The purpose of the project is to provide supplies and equipment to established Citizen . Corps programs in King County to assist intlieir continued operation. 3. What problem does,the project solve? The problem this project solves is the lack of funding that currently exists in programs throughout the county. Supplies and equipment are necessary to run Citizen Corps programs and this grant, will provide necessary items vital to continuetl program existence. 4. How does the project enhance local / regional homeland security and preparedness for CBRNE / Terrorist / WMD incidents? Coordinated by the Department of Homeland Security (DHS), Citizen Corps and its programs are a component of the USA Freedom Corps that focuses on opportunities, for people to participate in a range of ineasures to make their families, homes and communities safer from the threats of terrorism, crime, and disasters of all kinds. Citizen Corps also brings together a communiiy's first responders, firefighters, emergency health ca,re providers, law enforeement, and emergency managers with its volunteers. 5. What activities need to be completed to fin_ish the project? /f the project wiU be imp/emented in phases, identify this c%ar/y and tie them to your time/ine in the fol%wing section. . a. Establish vendor(s) . , b. Distribute equipment selection lists to individual programs Page 15 of 38 l . c. Purchase equipment d: Receiye and inyentory equipment e. Distribute equipment to King County jurisdictions pursuant to their requests. 6. What are the tangible results and / or deliverables of the project? The tangible results of this project will be supplies and. equipment provided to jurisdictional Gifizen Corps programs to support continued program operation. , 7. How will the grant funds be used io support this project? Grant funds will be used to support this project by purchasing equipment and supplies ` required to operate successful Citizen Corps pcograms and distributing those: items to programs that need them. ; Page 16 of 38 - • , A 5 PROJECT,TIMELINE: Make a timeline that includes measura.ble a. ctivities for task completion and critical dates. Project must be completed, and delivered prior to end date identified by KCOEM Granf . Manager. Narrative Progress Reports are required to be submitted on a quarterly basis {or ; more fiequent/y if required by #he KCOEM Grants.Manage4. The dates for these reports are January 15, April 15, July 15 and October 15. If your project startecl 1 month prior to a namative progress reportdue date, you may wait until the following quarter or if your ' subgrant ends within 1 month of a namative progress report y_ou may submit with the final invoice. Include in the timeline submission of invoices reimbursement requests to KCOEM and the end of project report to KCOEM. /f yout project invo/ves purchase of equipment, a//ow 3 months for equipment approva/ process to be comp/eted which wi// happen befoie the contrdct is executea! Estimated Activity • p - • D. (Month/Date[Year) Gather program equipment and supply requests and purchase e ui ment 03/31/2010 Submit narrative ro ress re ort. 03/31/2010 Invento and disfribute ui ment and su lies 06/20/2010 . Submit narrative ro ress re ort 06/30/2010 End of Contract-AII documents, reports and bitlings submitted to 08/31/2010 KCOEM ~ Page 17 of 38 Exhibit B: BUDGET ' B-1 ALLOWABLE COSTS: Using Appendix A- Authorized Program Expenditures of FFY08-HSGP Program Guidance. & Application Kit identify the allowable cosfs that best represent this project: , CBRNE &2 . BUDGET SUMMARY: Fill out the budget table using the correct budget category for your project expenses: .For ALL item descriptions you MUST specify what the amount'is for using question 7, section A,4 of ExhibifA. Budget Category Fr ~Planning Training Exercise Equipment quipm25,000.00 sultant Fees $ - - $ $ . - Salaries & Benefts Overtime/Backfill $ _ Travel & Per Diem $ Goods & Services Total Amount $ $ - $ - $ 25,000.00 . . , ol ll • With the exception of Equipment and Salaries & Benefits, changes to budget of no more than 10% are allowed without prior authorization from KCOEM. Any ctianges.to Equipment and Salaries.& Benefits must have prior authorization from KCOEM • Invoices submitted for reimbursement must not exceed total amount of award and must complywith grant requirements. Page 18 of 38 EXHIBIT C: Equipment Approval Request Federal Fiscal Year 2008 State Homeland Securiiy Program - SHSP Jurisdiction: King County WMD Contract Number E09-178 A roval Date: TBD Sub rantee Contract Number FFYO8-SHSP-CC-002 R uest Date: 01121/2010 item AEL Equipment E~L Item & Description EsYd Estimated Discipiine Related Project No. Category Number Qty Cost (per WMD Provide Hyper{ink to Item if Contract) nusual 1 Personal Profection, Eye: Safety gfasses, King County Protective 01ZA-03- safetygogg/es. Citizen Corps Equipment EYEP Supplies & Equipment 2 Hardhat: Hardhat. For use only with a//oweble personal 01 ZA-06- protective ensemb/es or by - HHAT Citizen Corps personnel as part of issued equipment. Only hardhats certified as compliant with ANS/ Z89.1 are allowable. 3 Equipment, Respirator, Particulate, Disposable: Respirator certffied by N/OSH under 42 CFR 84 and c/assffied 01 AR-06- as one of nine types of filtering- _ DISP facepiece disposab/e particulate respirators (N95, N99, N100; R95, R99, R100, P95, P99, P100). 4 012A-06- Vest: Safety/reflective vest. VEST 5 CBRNE Signs: Restricted access and Operational and caution waming signs, preprinted Search and or fie/d printab/e, various co/ors, Rescue 030E-03- sizes, and shapes. Includes SIGN traffic cones and other free- standing signage, as we11 as mountab/e rtems. 6 Fire Extinguishers: C/ass ABC 030E404 fire extinguisher, multi-purpase, EXAC handhe/d, 20 !b capacity. ~ 7 Rope of varfous diameters, lengths, and ratings used 030E-05- specifically for human rescue, ROPE egress, hoist, or transport (certified as compliant with NFPA 11983). 8 Kit, Tool, Miscellaneous, Non- 030E404- sparking: Non-sparking tool kit, KTTL to include bung and spanner wrenches and tool box. Page 19 of 38 Item AEL Equipment AEL Item 8 Description Est'd Estimated Discipiine Related Project No. Category N m er Qty Cost (per WMD Provide HypeNink to Item if Contract) nusual 9 CBRNE Tools, Hand: Manually operated Operational and hand tools, cutting torches, Search and exothermic torches, accessories Rescue and aftachments for cutting, King Courrty Equipment 03SR-02- prying, breaking, shoring, Citizen Corps TLHN stabilizing, moving, app/ying or Supplies & removing fasteners where Equipment powered too/s are not appropriate or safe to use. 10 Too/s, Structura/ Assessment, Marking and Monitoring: Tools, 03SR-02- equipment, accessories and MARK attachments for assessing, - marking and monitoring damaged strucfures and their stabil' . 11 Medlcal Tags and Supplies, Triage: Sing/e-use, disposable patient 09MS-01- marking devices for use during TTAG multi-casualty triage ~ management. 12 Supplies, Moulage: Moulage supplies include prosthefics, 09TR-01- makeup, and other materials MKIT used to simulate woundsli'njuries ~ for training/exercise purposes. 73 Equipment, Training/Casualty 09TR-01- Simulation: Life-like human body CSIM replicas that enable medical - practitioners to train in various scenarios. 14 09MS-04- Tape, Adhesive: Various size TAPE adhesive medical ta e. v 15 Bandages and Dressings: Variab/e size, disposab/e 09MS-04- bandages and dressing to treat _ BAND all types of soft tissue wounds. Non-durab/e absorbent products. 16 Power Batteries, All Types, Sizes: , Batteries for all recommended equipment. Types including, but 10BC-00- not limited to A/kaline, Nickel- BATT Cadmium (Ni-CAD), Nidcel Metal - Hydride (NiMH), Lithium (Li-lon). Form factors such as A,4, AAA, C and D cells, 9-Volt, Ciamshell. 17 CBRNE Bags/Packs: Carry bags or Logistical wearab/e packs for storage and Support 19GN-00- transportation of personal gear ^ Equipment BGPK and equipment, personal protective equipment, and miscellaneous ui ment. Page 20 of 38 Item; AEL~Equipmenf AEL~ W ltem~8 D~cription '.Est'd°~ ^ Estimated ` Discipline,. Related P%ject.. No. Category Number - . Qty Cosf {per WMD Providw.Hyperlink.to item if Contract) 18 Other Authorized Equipment, Citizen Corps: Equipment not covered elsewhere that re/ates to specific training or volunteer assignments for CERT, Neighborhood Watch, V/PS, MRC, and Fire Corps. Includes, but is not limited to, King County 21GN-00- whistles, badges, CCP patches, _ Citizen Corps CCEQ program Gothing, vests, duct Supplies & tape, cuttirrg devices, ponchos, Equipment water purffication tablets, power cords and strips, fire simulation bum pans, triage tarps, and barrier fape. 19 21GN-00- Equipment, Citizen Corps: CERT CCE Kit as sold b vendor. ~ 20 21GN-00- Equipment, Citizen Corps: CERT CCE Manuals ~ 21 21GN-00- Equipment, Citizen Corps: CERT CCE Field Guides ~ 22 21GN-00- Equipmerrt, Citizen Corps: CCE Slee in Mats • 23 Radio, Portable: Two Way 21GN-00- Radios, Family Radio Service CCEtI (FRS) handheld radios for Citizen Cor s volunteers 24 21 GN-00- 21 GN-00-SHIP, SHIP Shi in :Shi in costs ~ 25 21 GN-0O- 21 GN-00-STAX Sa/es Tax: Sa/es STAX tax Zs TOt81: FFY08 King County SHSP - E ui ment Jurisdiction Total: 25 000.00 - Notes: ~ Page 21 of 38 EXHIBIT D DEPARTMENT QF EXECUTNE SERVICES Washington State Milifary Departrnent ~aK 1~ p009 CONTRACT FACE SHEET 1. Contractor Name 3nd Address: 2. Contract Amount: 3. Contract Number King County Office of Emergency Management 3511 NE 2nd Street $4,623,486 R- ~EE) Renton, WA 98056 4. Contradors Contact Person, phone number. 5. Contract Start Date: 6. Contract End Date: Tony Lewis (206) 205-4069 Tonv.LewisDakingcountv.gov September 1, 2008 December 31, 2010 7. MD Program Manager/phone number: B. State Business License 9. UBI #(state revenue): Krlstin Rarrros (253) 512-7483 NA 578-037-394-9 k.ramos@emd.wa.gov 10. Funding Autharity: Washington State Mtlitary Department (Department) and the U.S. Deparlrnent of Homeland Security (DHS) 11. Funding Source Agreement # 12. Program Index & OBJ/SUB-OJ 13. CFDA # & TiUe: 14. TIN or SSN: 2008-GE T8-0038 783SU, 763SA, 783ST, 783SQ, 783SS, 783SD NZ 97.067 - SHSP 91-6001327 15. Service Distrids: 16. Service Area by Courrty(ies): 17. Women/Minority-Owned, State ' (BY LEG DIST): 1, 5, 11, 30 -34, 86, 37, 41; 43, 45-48 Certified?: X N/A ❑ NO (BY CONG DIST): 7,8,9 Kin ' g County ❑ YES, OMWBE # - 18: Contract Classification: 19. Contraet Type (checIc all that apPlY): ❑ Personal Services ❑ Client Services X PublidLocal Gov't X ConVact 0 "Grant O Agreement.. ❑ Collaborative Research ❑ AIE ❑ Other ❑ Intergovernmental (RCW 39:34) ❑ Interagency , 20. Contractor Seledion Process: 21. Contractor Type (check aN that apply) ` X"To all who apply & qualify" ❑ Competitive Bidding O Private Organiza6on/lndividual 13 Fot-Profd D Sole Source ❑ A/E RGW ❑ WA X Rublic Organiration/Jurisddion X Non-Proftt O Filed w/OFM1 ❑ Advertised? 13YES ❑NO ❑ VENDOR X SUBRECIPIENT ❑ OTHER . 22. BRIEF DESCRIPTION: . ' The U.S. Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA) is provlding funds to enhance the capabillty of state and local units of govemment to prevent, deter, respond to, and reccver'from catastr+ophic and/or terrorist everrts #hrough the FFY08 Homeland Security Grant; Sfiate Homeland Security Prvgram: This funding is being provided to address 'the unique exercise, training, planning, equipment, organlzation, and management and administration needs of emergency responders. IN WITNESS WHEREOF, the Department and CoMractor acknowledge and accept`the terms of this contract and attachments hereto and have executed this contrad as of the date and year written below. Tfiis Contract Face Sheet; Speaal Tertns and Conditions, General Terms and Condfions, Statement of Woric, and Budget govem the rights and obtigations of both parties to this contract " In the everrt of an inconsistency in this contract, unless otherwise provided herein, the inconsistency shall be resolved by . giving precedence in the following order. (a) Applicable Federal and State Statutes and Regulations ; (b) Statement of Work `r(c) Special Terms and Conditlons ~y (d) General Tertns and Conditions, and if attached, ; (e) My other provis(ons of the contract incorporated by reference. This contract contains all the terms and conditions agreed upon by the parties. . No other understandings, oral or otherwise, regarding the subject matter of this contract shall'be deemed to exist or.to bind anyof the parrties hereto. WHEREAS, the parties hereto have.executed this contract on the day and year last specfied below. FOR THE DEPARTMENT: FOR THE CONTRACTOR: - -c~n gnature Date 63(gnature Date ames M. Mullen, Director -James J: Buck, County Administrative Officer Emergency Managemerit Division for Washington State Military Department , APPROVED AS TO FORM: Kng County Office of Emergency Management Sara J. Finlay (signature on file) 9/12/2007 ~ - ~ Assistant Attomey General Farm 10l27/00 kdb FEMA-HSGP-FFY 08 Page 1 of 17• ~ IGng County,,OEM ;i Reissue - E09-178 a Page 22 of 38 a . 8 EXHIBIT D SPECIAL TERMS AND CONDITIONS ARTICLE I COMPENSATION SCHEDULE: This is a fixed price, reimbursement contract. Withirr the total' corrtract amount, travel, subcontrac#s, salaries and wages, benefits, printing, equipment, and other goods and services or other budget categories will be reimbursed on an actual cost basis unless otfierwise provided in this contract. Any, travel or subsistence reimbursement allowed under the contract shall be paid in accordance with rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or amended and in agreement with federal rates. Receipts ^ and/or 6acKup documenfation for anyapproved tiudget line items including travel related expenses that are authorized under this contract must be maiMained by the Contractor and be made availa6le upon request by the Military Department. ~ Cumulative ,changes to budget categories in excess of 10% of the contract award will not be reimbursed without the prior written authorization from the Department. Budget categories are as specffied or defineri in the budget sheet of the contract. , ARTICLE II REPORTS: In addition to the reports as may. be required elsewhere in this contract, the Contractor shall prepare and submit the following reports to the'Departriient's Key Personnel: Financial #lCoaies Due Date Invoices 1 Within 30 days.after the end of the period in which the work: was performed. lnvoices must be submitted no more often than monthly, but at least quarterly. Failure to submit invoices in a timely manner will cause the Department to hotd all requests for equipment approval until invoices are submitted. Final Invoice 1 No laterthan 45 days following the (shall not exceed overall contract amourrt) contract end date Technical #/Coaies Due Date Bi-Annual Strategy [mplementation Report Electronic January 15 and July 1S of each year - ' of the contract performance period Bi-Annual Progress Report Etectronic January 15 and July 15 of each year of the contract performance period Close Out Report Electronic No laterthan 45 day following the contract end date NIMS Compliance Progress Reports Electronic September 30 of each year of the contract pertormance period Fallure to meet atl ofi the reporting and invoicing deadlines w'ill prohibit the Contractor from being reimbursed and will prevent vetting of equipment requests while contract requirements are outstanding. All contract work must end on the contract end date, including receipt of supplies and equipment; however, the Contractor has up fo 45 days after the contract end date to submit all final reports, invoices, and/or deliverables. ARTICLE IIl KEY PERSONNEL: The individuals listed below shall be considered key personnel. Any substitution must be made by written notification to the Military Department. CONTRACTOR: MIUTARY DEPARTMENT: Jeff Bowers Sheryl Jardine Assistant Director FiSGP Program Manager Jeff.Bowers[ kinQCOUnty.gov s.iardine A_emd.wa.gov (206) 205-4062 (253) 512-7469 FEMA-HSGP-FFY 08 Page 2 of 17 King County OEM Page 23 of 38 R@ISSUB - E09-178 l , EXHIBIT D . ARTICLE EV - ADMINISTRATIVE REQUIREMENTS: The Contractar shall comply with ail financial and procurement guidance, induding campetitive processes and other procurement requirements, to include but not limited to: Office of Management and Budget (OMB) Circulars, A-87 (Cost Principles fot Sfate, local and Indian Tribal Govemments), A 102 .(Grants and Cooperative Agreements with State and Local Govemments), A-122 (Cost Principles for Non-Profit Organizations), A-133 (Audits of States, Local Govemments, and Non=Profit Organizations), The federal Emergency Management Agency's codified regulations, 44 Code of Federal Regulations (CFR), and the U.S. Department of Homeland Security's Financial Mana4ement Guide. Local and state procurement and conti-acting regulatians take precedence over these requirements when local and state, regulations are more stringent. ARTICLE V- ADDITIONAL SPECIAL CONDRIONS AND MODIFICATION TO GENERAL CONDITIONS: 1. Funds ane provided by the U.S. Departmenfof Homeland Security (DHS), Federal Emergency Management Agency (FEMA) solely for the purpose of enhancing the capability of state and local units of govemmeliit to prepare for, prevent, deter, respond to; and recover from catasfrophic incidents resulting from man-rriade and natural events. The Contractor shall use the funds to perForm tasks as described in the Stateme~t of Work and Budget portions of this contiact. 2. Grant funds may not be used to replace or:supplant existing funding. 3. The Contractor will provide a match of $0 of non federal origin.. 4. The Contractor acknowledges that since this contract involves federal funding, the period of performance described herein wi11 likely begin prioc to the availability of appropriated federal funds. The Contractor agrees that.it will not hold the Department, the State of Washington, or the United States liable for any damages, claim for reimbursement, or any type of payment whatsoever for services pertormed under this contract prior to distribufion of appropriated federal funds. 5. The Contractor agrees that it will nof hold the Department, the State of Washington, or the United States liable for any damages, claim for reimbursement or any type of payment if federal funds are, not appropriated or are not appropriated in a particular amount. ~ 6. The Contractor agrees that to receive . any federal ; preparedness funding, afl National Incldent Management System (NIMS) corripliance requirements outlined in applicable grant guidanoe must be pet. ARTICLE VI -PROCUREAAENT AND FINANCIAL ANANAGEMENT: f'~= 1. All sole source contracts over $100,000 must be reviewed and approved by the Department priq,r to ` execution of a contract This requirement must be passed on to all of the Contractors subcontracto~, at which point the Contractor will be responsible for reviewing and approving their subcontractors' sole source justificafions. 2. All contracts with individual consultants that are not competitively bid, and where the consultant will be charging an excess of $450 per day (excluding travel and subsistence) must be approved by the Department before the oontract is executed. This requirement must be passed on to all of the Contractoes subconfractors, at which point the Contractor will be responsible for reviewing and approving their subcontractors' contract. 3. No costs will be reimbursed in advance of their being incurred by the Contractor. 4. No costs will be reimbursed until the items have been received by the Contractor and invoiced by the vendor. 5. Each A-19 will be accompanied by a spreadsheet detailing the expenditures. Related financial documents and invoices must be kept on -file by the Contractor and be made available upon request ta; the Department, and local, state, or federal auditors. 6. Requests for reimbursement of equipment purchases will include a copy of the vendor's invoice~and packing slia or a statement signed and dated by the Contractoi's authorized representative that states.°all items invoioed have been received in good working order; are operational, and haye been inventpned according to contract and local procurement requirements°: ~i,; 7. No travel or subsistence costs, including lodging and meals, reimbursed with federal funds may exWed federal maximum rates which can be found at.h6:/ANww._qsa.Qov. FEMA-HSGP-FFY 08 Page 3 of 17 ICng County OEM Reissue - E09-178 Page 24 of 38 ~ , EXHIBIT D ARTICLE VII - EQUIPMENT MANAGEMENT: 1. The Contractor or a Subcorrtractor shall su~bmit aIF proposed equipment purchases to the Committea on Homeland Security; Subcommittee on Equipment to ensure #hat the requested equipment is orti::the - Authorized Equipment List, is aligned with the statewide equipment purchasing strategy, and meetp; all , statewide interoperability and standarrlization requirements. No reimbursement for equipment costs::?uvill occur until the appropriate approvals have been obtained. 2. The Contractor or Subcontracfoc shall.ensure full compliance with FEMA's Environmental and Historic Presenration (EHP) Program requirements as outlined in the applicable grant guidance 3. All equipment purchased under this contract, by the Contractor or a subcontractor, will be recorded and maintained in the Contractor's equipment inventory system, unless specific de-obligated funds are contracted directly between a county, or other entity, and the State; in which case the contracted county maintains the equipment records. 4. Upon successful completion of fhe terms of this contract, all equipment purchased through this contract will be owned by the Contractor; or a recognized subcontractor/subgrantee for which a contract, subgrant agreement, or other means of legal transfer of ownership'is in place. ' 5. The Contractor; or`a recognized subcontractor/subgrantee, shall be responsble for any and all operation and maintenance expen5es and for the safe operation of their equipment induding all questions of liabjlity. 6. The Contractor shall maintain equipment records that include: a descxiption of' the equipment;jthe manufacturer's serial number, model number, or other identfflcation number; the source ofithe equiprXyint, including the Catalogue of Federal Domesfic Assistance (CFDA) number; who holds title; the acquia.ion date; the oost of the equipment and fhe peroerrtage ofi Federal participation in the cost; the locationriuse and condition of the equipment at the date the informafion was reported; and disposition data induding::the date of disposal and sale.price of the. equipment. 7. Records for equipment shall be retained by the Contractor for a period of six years from the date of the disposition, replacement or transfer. If any litigation, claim, or audif:is started before the expirafion of the six year period, the records shall be retained by the Contractor until all 'litigations, claims, or audit findings involving the records have been resolved. • 8. For the purpose of inventory and disposal of equipment purchased under this contract the 44 CFR Section 13.3 definition of equipment vvfll be used. It defines equipment as a tangible, nonexpendable, personal property having a useful life of more than one year and an acquisfion cost of $5,000 or more per unit. This definition will be used for equipment purchased with contract funds, unless local or state reguiations are more restrictive. 9. The Confractor shall take a physical inventory of the equipment and reconcile the results witWthe equipment records atieast once every two years. Any differences between guantities determined by?l-the physical inspection and those shown in the records shall be investigated by the Contractor to deteroine the cause of the difference. The Contractor shall, in corinecfion with the inventory, verify the existe'pce, current utilization, and oontinued need for the equipmeM. 10. The Contractor shall develop a control system to ens_ure adequate safeguards to prevent loss, damage, unauthorized use and theft of equipment, to include small and attractive items. Any loss, damage or:theft shall be investigated and a report generated. . 11. The Contractor w'ill develop adequate mainfienance procedures to keep the equipment in good cond'Rion. 12. Ifi the Contractor is authorized or required to sell the equipment, proper sales procedures must be established to ensure the highest possible retum. 13. When original or replacement equipment is no longer needed for the original project or program or for other activities currently or previously supported by a Federal agency, disposition of the equipment will be made as follows: a. Items of equipment with a current per-unit fair market value of less than $5,000 may be retained, sold or otherwise disposed of by the Contractor with no furtherobligafion to the awarding agency. b. Items of'equipment with,a current per-unit fair market value of more than $5,000 may be retained or sold and the Contractor shall compensate the Federal-sponsoring agency for its share. .s ; FEMA-HSGRFFY 08 ' Page 4 of 17 fGng Courdy~,.(~EM Reissue - E0~ 178 y.4! Page 25 of 38 G3 .t: . l EXHIBIT D . Ti.: . 14. Equipment purchased with funds from DHS grant programs should be marked with "Purchased with fu~M~s provitled' by the U.S. Deparfinent of Homeland Security° whenever,possible. . . - . - `.`3 15; As subgrantees of federal funds, the Contractor must pass on equipment management requirements P af meet orexceed fhe requirements outGned above for all subcontractors, consultants, and subgrantees who receive pass-through funding from fhis contract. ARTICLE VII1- SUBRECIPIENT MONITORING - - Tlie Department will monitor the activities and equipment acquisitivn of'the Contractor from award to doseout and for the life of equipment: purchased under this contract. The goal of the Department's monitoring activities will be to ensure that agencies receiving federal pass-through funds are in compliance with federal and state audit requirements, federal grant guidance, and applicable federal and state financial regulations. Monitoring acti4ities may indude: . , • review of perFormance reports and docuinentation of oorrtract deliverables complefion; • documerrtafion of phone calls, meetings; e-mails and correspondence; e review of reimbursement requests to ensure allowability and consistency with contract budget'~and contract deliverables; • observation and documentation of oontract related activities, such as planning, exercises, traiining, funded events and equipment demonstrations; ~ • on-site visits to. review equipment records and inventqries, to verify source documenfiation"' for reimbursement requests a,nd perFormanoe reports, and to verify completion ofdeliverables. As a subgrantee of federal funds, the Contractor is required to meef or exoeed the rnonitoring activities, as outlined above, for all subcontractors, consultants, and subgrantees who receive pass-through funding from this cantract. FEMA-HSGP-FFY 08 Page 5 of 17 FGng 6ourity°bEM Reissue - E04-178 Page 26 of 38 EXHIBIT D Exhibit A Subrecipient Washington Military Departrnent GENERAL TERMS AND CONDITIONS 1. DEFINITION$ As used throughout this contract, the following terms shall have the meaning set forth below: a. "Departrnent" shall mean the Washington Military Department, as a state agency, any division, section, offce, unit or other en(dty of the Department, or any of the officers or other offi6als lawfully representing that Department. , b. "Contractor" shall mean that firm, organization, group,. individual, or other entity pertorming services under this contrac#, and shall include all employees of the Corrtractor. If shall indude any subcontractor retained by the prime Contractor as permitted under the terms of this contract "Contrador" shall be further defined as one or the other of the following and so indicated on facs sheet of the contract. 1) "Subreciplent' shall mean a contractor that operates a federal or state assistance program for which it receives federal funds and which has the authority to determine both.the senrices rendered and disposition of programfunds. , 2) "Vendor." shall mean a contractorthat agrees to provide the amount and kind of ser',vice or activity requested by the Department and that agrees to provide goods or services to be utilized by the Department c. "Subcontractor' - shall mean one, not in the employment of the Contractor, who is performing all or part of those services under tfiis contract under a separate oontract with the Contrador.''The terms "subcontractor" and "subcontractors" mean suboontractor(s) in any tier. . d. "RecipienY"- a nonfederal entity that expends federal awards received diredly from a feci'eral awarding agency to carry out a federal program. - e. . "Pass-Through Entity" means .the Washington State Military Department as it is applied to this contract. As found in SAAM 50:30.30 -°A nonfederal entity that provides a federal award to a subrecipient to carry out a federal,program.° f. "Nonfederal Entity" is tlefned'as a state local govemment or nonprofit organization (as defined in federal Gircular A-133). g. "Cognizant, State Agency" shall mean a state agency that has assumed the responsibiliiy of implementing single audit requirements and coordinating audit follow-up for a particular grantee by virtue of providing the majority of federal assistance. If fund5 are reoeived from more than . one state agency, :the cognizant state agency shal_I be the agency who contributes the larqest portion of federal fnancial assistance to the subrecipient unless the designation has E3een reassigned to a different state agency by mutual agreement K, h. "Federal ffnancial Assistance" - Assistance that nonfederal eniities receive or administer in the form of grants, loans, loan guarantees, property (induding donated surplus propft), cooperative agreements, interest subsidies, insurance, food commodities, dired appropriat'bns or other assistance. It does not include amounts received for provision of vendor senrices to , federal'agencies or reimbursement for services rendered direcctlly to individuals. R i. "Grant" - For the purposes Fierein, the term °grant° may be used to mean °contracts" or "grants" or "agreements". j. °CFDA Number" - The fiye-digit, number, assigned to a federal assistance program in the federal Catalog.of Federal Domestic Assistanoe (CFDA) or, in the absence of a catalog defined number, the number defined by instructions from the federal audit clearinghouse. k °CFR' - Code of Federal Regulations 1. °OAAB" - Office of Management and Budgef M. °RCW" - Revised Code of WaShington n "WAC" - Washington Ad'ministrative Code. - `.A FEMA-HSGP-FFY OS Page 6 of 17 IGng County>OEM Reissue - E09=178 .L. Page 27 of 38 ~ ~ir EXHIBIT D . , 2. SUBRECIPIENT MONITORING r' , a. The Department, as a Recipient and/or Pass-Through Entity, receives federal fnanciiiI assistance under federal programs and is charged with maintaining compliance with feder.al and state laws and regulations regarding the monitoring,.documentation, and monitoring of subrecipient grant activities using federal financial assistance. Management and implementation guidelines for the federal programs ensure compliance with statutes, grant guidelines, the sub-award agreement, Office of :Management and Budget (OMB) circulars (including OMB Circular A T33); subrecipient audits; and other guidance found in the federal , Register. The Departmenf shall adhere to its Subrecipient Monitoring Policy {Finanee Policv 02-006-06) and the Subrecipient Monitoring Procedures (Finance Procedure 02=006-061. b. The Contractor sha[I, perForm under the teRns of the contract and the Department has responsibility for reasonable and necessarymonitoring af the CQntractor's pertormance. The ' Department shall conduct contract monitoring adtivities on a regular basis: Monitoring is defi,ned as any planned, ongoing; oc periodic activity that measures and reasonable assurance ot cont►actor compfrance with the terms, conditions, and requirements of,a contract. Monitoring involves prudent collection of information about Contractor operations and is.;.not . limited to site visits or tfie completion of forrnal reviews. Monitoring may include periodic ; contractor reporting to the Department, Department review of audit reports, invoice reviews, onsite reviews and obseniat'rons, and surveys. Adequate documerrtation is essentiaWfor effective contract monitoring and will include':copies of letters, meeting notes, and recor4 of phone conversations as evidence that conscientious monitoring has occurred during the pOiiod of the contract. Subrecipient monitoring will accur throughout the year rather than relying sdlely. on a once-a-year audit. The Contractor agrees to coopewate with ap monitoring activities and to comply with reporting requiremeMs. The Department as the Reapient and/or Pass-Through Entity will conduct on-site visits as appropriate and required by contract for "For-profit" subrecipients, since the A-133 Single Audit does not apply to "for-profif" organizations. 3. RECORDS, MONITORINGAND AUDIT ACCESS a. Tfie Contractor shall cooperate with and fully participate in all monitoring or evaluation activities that are pertinent to this contract. b. Access to -public records-The Contractar acknowledges that the Department is subject to:,the Public Recorcis Act, Chapter 42.56 RCW, and that records prepared, owned, used or retafhed by the Departmenf retafing to the condud ; of .govemment . or the performance of `'any govemmental or proprietary function are available for public inspedion and copying, exceo, as exempt under RCW 42.56 or other statute which exempts or prohibits disclosure of sp~eific information or reoords. ~ C. The Contractor shall maintain all books, records, documents, data, and other evidence rel4ting to this contract,and the„provision of any materials, supplies, service s and/or equipment uiqder this contract herein, including, but not limited ta, records of accourrting procedures and practices that sufficiently and. properiy reflect all direct and indirecf costs of any nature expended in the pertormance of this confract: At no additional oost, fhese records, including materials generated under the oontract, shall tie subject at alt reasonable times to inspection, review and audit by personnel duly authorized :by the Department, the Washington State Auditor's Office, and federal officials so authorized by law, rule, regulation, or contract. The Contractor will reta"tn all books, records, documents, and other materials relevant to this contract and make them available for inspection, review or aud'R for six (6) years from the end date of this contract, date of final payment or conclusion of services perFormed under this confractor, whichever is later. If any litigation, claim or audit is staited before the expiration of the six (6) year period, the records , shall be retained until final resolution of all litigafion, claims, or audit fndings involvin~:'the records. - I~J FEAAA-HSGP-FFY 08 ' Page 7 of 17 IGng County;~OEM - Reissue - E099178 ~ Page 28 of 38 EXHIBIT D d. Contractor shail provide right of access to its facilities and records to the Department and any . other authorized agent or official of the state of Washington or the federal govemment, gt all reasonable times, in order to monitor and evaluate pertormance, compliance, and/or quhlity assurance under this contract. 4. SINGLE AUDIT ACT REQUIREMENTS (INCLUDING ALL AMENDMENTS) Non-federal entities as subreapients that expend $500,000 or more in one fscal yeac of federal f~'~ds from all sources, direct and indirect, are required to have a single or a program-specific audit condu~ted in accordance with the Office of Management and Budget (OMB) Circular A-133-Audits ofi States, Lqcal Govemments, and Non-Profd Organizations (revised June 27, 2003, effective for fscal years enoing aftec December 31, 2003). Non-federal entities that spend less than $500,000 a year in federal awards are exempt from federal audit requirements for that year; except as noted in Gircular No. A 133. Circular A-133 is available on the OMB Home Page at http://www.omb.gov and then select "Grants ManagemenY' followed by "Circulars". _ Contractors required to have an audit must ensure the audit is performed in accordance with Generally ' Accepted Auditing Standards (GAAS) as found in the Govemment Audfing Standards (the Revised Yellow Book) developed by the Comptroller General and the OMB Comptiance Supplement. The Contractor has the responsibil'rty of notifying the Washington State Auditor's OfFice and requesting an audit. Costs of the audit may be an allowabte grant expenditure: ~ The Contractor shaU maintain audifa6le records and accounts so as to faalitate the audit requirement and shall ensure that any subcantractors also maintain auditable records. The Corrtractor is responsible for any audit exceptions incurred by its own organization or that of its subcontractors. Responses to any unresolved managemerrt findings and disallowed or questi °i~ed costs shall be included with the audit report The Contractor must respond to Department reque ~~for infonnation or corrective action conceming audit issues or fndings within 30 days of the da ; of request. The Department reserves the right to recover from the Contractor all disallowed ~aosts resulting from the audit. ~ Once the single audit has been completed, the Contractor must send a full copy of the audit to the Department and a letter stating there were no findings, or ifi there were findings, the letter should provide a list of the findings. The Contractor must send the audit and the letter no later than nine (9) months after the end of the ConVactor's fiscal year(s) to: Accounting Managec Washington Military Departrnent Finance Division,'Building #1 TA-20 Camp Murray, WA 98430-5032 In addition to sending a copy of the audit, the Contractor must include a corrective action plan for.any audit fndings and a copy of the management letter if one was received. The Contractor shall include the above audit requirements in any subcontracts. ~i 5. RECAPTURE PROVISIONS In the event that the Contractor fails:to expend funds under this eontract in acxordance with applible state and federal laws and/or the provi"sions of this contract, the Department reserves the rigwt to recapture funds in an amount equivalent to the extent ofi the noncompliance in addition to any p~her remedies available at law or in equity. ~Such right of recapture shafl exist for a period not to exceed six (6) yearsfollowing contrad terminatian or audit resolution, whichever is later, Repayment by the. Gontractor of.funds under this recapture , provision shall occur within 30 days of demand. The Department is required to institute legal proceedings to, enforce the recapture provision. 6. COMPLIANCE WITH APPLICABLE LAW The Contractor and afl subcontractors shall comply with all applicable federal, state, tribal govemment, and local laws, regulations, and'policies. FEMA-HSGP-FFY 08 Page 8 of 17 FGng CourdiOEM Reissue - E097178 . J~; Page 29 of 38 EXHIBIT D This obligation includes, but is not limited to, compliance with Ethics in Public Service (RCW 42~52); Covenant Against Contingent Fees (48 C.F.R. § 52.203-5); Public Records Act (RCW 42.56); E%'g= Free Workplace Act of 1988 (41 U.S.C. § 701 et seq. and 15 C.F.R. Part 29); Lobbying Restrictiond,139 U.S.C. § 1352 and 15 C.F.R. Part28); and safety and health regulations. The Department is.wnot. responsible for advising the Contractor about, or determining the Coniractor's compliance with, applicable laws, regulations and policies: In the event of the Contractoes or a subcontractoes noncompliance or refusal to comply with any applicable law, regulation or policy, the ;Department may rescind, cancel, or terminate the contract in whole or ~in part. The Contractor is responsible for any and all costs or liability arising from the Contractor's failure to comply with applicable law, regulafion ,or policy. 7. NONDISCRIMINATION ~ During the pertormance of this contract, the Contractor shall comply with all federal and state nondiscrimination statutes and regulations. These requirements indude, but arenot limited to: ~ a. Nondiscrimination in Employment The Contractor sfiall not discriminate against any emplqyee or applicant for employment.because of raoe, color, sex, sexual orientation, religion, national origin, creed, marital status, age, Vietnam era or disabled veterans .status, or the presence of any sensory, mental, or physical handicap. SuGi action shall inGude, but not be limited ta;' the following: Employment, upgtading, demation, or transfer, recruitment or recruitment sel on for training, induding apprenticeships and volunteers. This requirement does not a. ty, however, to a retigious corporation, association, educafional institution or society with respe~to the empbyment of individuals of a particular religion to perform work connected with=`the carrying on'by such corporation, association, educational institution or society of its activities. b. Nondiscrimination laws and- policies (such as RCW 49.60, Washington's Law Against Discrimination, and Title Vll of tlie Civil Rights Aef). 8. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 107.-336, 42'U.S.G.,§ 12101 et seq. and 28 G.F.R. Part 35 and other implementing regulations. The Contractor must comply with the ADA, which provides comprehensive civil rights protection to. individuals with disabil'rties in the areas of employment,, public acxommodations, state and local govemment services, and telecomrriunication. , 9. UTILIZATION OF MINORII'Y AND WQMEN BUSINESS ENTERPRISES (NNVBE) The Corrtractor is encouraged to utilize firms that are cerfified, by the Washington State Office ofi Minority and Women's Business Enterprises as minority-owned and/or women-0wned in carryinout the purposes of this confract 10. PUBUCRY The Contractor agrees to submit to the Department all advertising and publicity relating to this con~act wherein the DepartmenYs name is menfioned or language usecJ from which the connection o~ the Department's name may, in the Department's judgment, be inferred or implied: The Contractor ag`~eees not to publish or use such advertising and publicity without the prior written consent of the Department 11. DISCLOSURE The use or disclosure by any party of any information conceining the Department for any purpose, not directly connected with the administration of.the Department's or the Contractor's responsibilifies with resped to senrices provided under this contract is prohibited except by prior written consent of the Departmerrt. 12. CERTIFICATION REGARDING DEBARMENT SUSPENSION OR INELIGIBILITY tf federal funds are the basis for this corttract; the Contractor cettifies that neither the Contrador nor its principals are presently ' debarred, 5uspended, proposed for debarment, declared ineligible, or volunfarily excluded from participating in this contract by any federal department or agency. If requested by the Department, the Corrtractor shall complete and sign a Cert'rfication Regahing Debarment, Suspension, Ineligibility, and Voluntary Exclusion form. Any such form completed bjrthe Contractor for this Contract shall be mco.rporated into this.Contract by reference. FEMA-HSGP-FFY 08 Page 9 of 17 IGng Countyg4~EM Reissue - E09,=978 Page 30 of 38 EXHIBIT D Further, the Contwactor agrees not to enter into any arrangements or contracts related to this grant wifh any party that is on t{ie "General Service Administration List of Parties Excluded from Fe6ral Procurement or.Non-procurement Program5" which can,be found at www.eals.qov. , y; 13. LIMITATION OF AUTHORITY -"Authorized Signature" The signatories to this contract represent that they have the aufhority to bind their respe~ive organizations to this oontract. Only the assigned Authorized Signature for each party, or the assiqped delegate by writing prior to acdon, shall have the express, implied, or apparenf authority to gier, amend, modify, oc waive any clause or condition of this contrad. Furthermore, any. alterat_ n, amendment, modfication, or waiver of any clause or condition of this confract is not effective or binding unless made in writing and signed by the Authorized Signature(s). 14. CONTRACTOR NOT EMPLOYEE -1NDEPENDENT STATUS OF CONTRACTOR The parties intend that an independent contractor relationship will be created by this contract. The Contractor and/or employees or agents performing under this contract are not employees or agents of the Departmerrt in any manner whatsoever, and will nof be. presented as nor claim to be officsrs or employees of the Department or of the State of Washington by reason hereof, nor will the Contractor and/or employees or agents performing under tfiis contract r►make any claim, demand, or application to or for any right, privilege or benefd applicable to an offcer or employee of the Department or of.the State of Washington, including, but not limited to, Workers Gompensation coverage, unemployment insurance benefds, social security benefits, retiremerrt membership or credit, or privilege or be~iefit which would accrue to a civil senrice employee under Chapter 41.06 RCW. It is understood that if the Contractor is another state department, state agency, state university, state college, state community college, state board, or state commission, fhat the officers and employeeeJ-hre employed by the state of Washington in their own right. lf the Contractor is an individual currently employed by a Washington State agency, the Deparo~ent shall obtain proper approval from the employing agency or institution. A statement of "no confli~t of interest" shall be subm'itted to the Department. 15. NONASSIGNABILITY This contract, the work to be provided under this contract; and any claim arising thereunder, are not assignable or delegable by eithec. party in_whole or in part, without the express prior written consent of the other party, which consent shall not be unreasonably withheld. 16. SUBCONTRACTING - Neither the Cvntrador nor any subcontractor shall_ enter into subcontracts #or any of the work contemplated under this contract without obtaining prior written approval of the Department. Contractor shall use a competitive process in award of any contracts witfi subcontractors that are entered into ;3fter original contract award. All subcontracts entered into pursuanf to this contract shaU incorporat6this contract in full by reference. In no event shall the existence of the subcontract operate to release or reduce the liability of -the Contractor to the Departrnent for any breach inr the performance of;the Contractor's duties. The MilitaryDepartment may tequest a copy of any and/or all subcontractW,,for work being completed under this contrad. 17. CONTRACT AAODIFICATIONS , The Department and the Contractor rrray, from fime to time, request changes to the contract or g$nt. . Any such changes that are mutually agreed upon by the Department and the Contractor shaW be incorporated herein by written amendment to this contract. It is mutuaUy agreed and understood that no alteration or variation of the tertns of tfiis contract shall be valid unless made in writing and signed by the parties hereto, and that any oral understanding or agreements not incorporated herein, unless made in writing and signed by the'parties hereto, shall not be binding. 18. SEVERABILITY In the event any term or condition of this contrac#, any provision. of any document incorporatad by reference, or apptication of this contract to any person or circumstances is held invalid, such invalidity shall not affect other terms, conditians, or applications of this contract which can be given effect without the invalid term, condition, or application. To this end, the terms and canditions of this contract are declared severable. FEMA-HSGP-FFY 08 Page 10 of 17 Kng Cou4-0EM Reissue - EOg-178 ;J Page 31 of 38 . , ;•r EXHIBIT D 19. ADVANCE PAYMENTS PROHIBITED _ _ The Department shall make no payments in advance or -in anticipation of goods or services td: be provided under this contract. Contractor shall not invoice the Department in advance of delivery of such goods or services. 20. TAXES, FEES AND UCENSES Unless otherwise provided in this contract, the Confractor shail pay for and mainYain in current status all taxes, unemployment contributions, fees, licenses, assessments, permit charges and expenses of°13ny other kind for the Contractor or its staff required by statute or regulation that are necessary for contract performance. ~ - 21. TRAVEL AND SUBSISTENCE REIMBURSEMENT Unless the contract specifically provides for different; rates, any travel or subsistence reimbursement allowed under the contrad shall be paid In accordance with rates set pursuant fo RCW 43.03.050 and RCW 43.01060 as now existing or amended., The Contractor may be required to provide to the Departmenf copies of receipts for any travel related expenses other than meals and mileage {example: par(ing lots that do not provide receipts) that are authorized under this contrad: . 22. GOVERNING LAW AND VENUE This contract shall be construed and enforoed in accordance. with; and the validity and pertormdnce hereof shall be govemed by, the- laws of the state, of 1Nashington. Venue of any suit betweer~~the parties arising out.of this contract shall be the Superior Court of Thu►ston County, Washington. a~ 23. HOLD HARMLESS AND INDEMNIFICATION Each party to this contract shall be responsible for injury to persons or damage to property resu1ting from negligence on the part of itself, its employees, agents, officers, or subcorrtractors. Neither ' rty assumes any responsibility to the other party for the consequences of any act or omission of any%, ird partY• 24. WAIVER OF DEFAULT Waiver af any default or breach shall not be deemed to be a waiverof any other or subsequent defauft or brearh. Any waiver shall not be construed to be a modification of the terms of this contract unless stated to be such in writing signed by The Adjutant General or the Authorized Signature fot the Department and attached to the original c:ontract. 25. DISPUTES The parties shall make every effort to resolve disputes arising out of or relating to this contract through discussion and negotiation. Should discussion and negotiation fail to resolve a dispute arising under this contract, the parties shall select a dispute resotution team to resolve the dispute. The team shall consist of a representative appointed by each party and a third representative mutually agreed up~ia by both parties. The team shall:attempt, by majority vote, :to resolve the dispute. Both parties agree that this disputes process shall precede any adion in a judicial or quasi-juaicial tribunal. Nothing in this section shall predude the partiesfirom mutually agreeing to a different disPute resolution method in lieu ofthe procedure outlined above. W, 26. ATTORNEY'S FEES ` In the event of Ifiga6on or other acfion braught to eriforce, contract ter►ns, or altemative dis~pute resolution process, each party agrees to bear its own.attomey's fees and costs. 27. LOSS OR REDUCTION OF FUNDING In the event funding from state, federal; or other sources is withdrawn, reduced, or limited in any way after the effedive date of this corrtract and prior to normal completion, the Department may reduce its scope of work and budget or unilatera[ly terminate all or part of the contract as a"Termination for Cause°, without providing the ContracEor an opportunity to cure. Altemafively, the parties may renegotiate the terms of this contract under "Contract Modficationsp to comply with new funding limitations and conditions, although the Department has no obligation to do so. FEMA-HSGP-FFY 08 Page 91 of 17 FGng CountXt)EM Reissue - E0t178 Page 32 of 38 .Ya r EXHIBIT D 28. TERMINATION OR SUSPENSION FOR CAUSE !n the event the Departmerrt, in its sole discretion, determines the Contractor has failed to fuifill in a timely and proper manner its obligations under this contract, i5 in an unsound financial condition so as to endanger performance hereunder, is in violation of any laws or regulations that renderthe Contractor unable to perform any asped of the contract, or has yiolated any of the covenarrts, agreement,g or ' stipulations of this contract, the Department has the right to immediately suspend or terminate,:~#his contract in whole or in part. The Department may notify the Contractor in writing of the need to take corrective action and provid,e a period of time in which to cure. The Department is not required to allow the Contrador an opportuhity to cure if it is not feasible as deter'mined solely'within the DepartmenYs discxetion. Any time allowed for . cure shall not diminish or eliminate ttie Confractor's liability for damages or otherwise aifect any other remedies availa6te to the Department If the Department allows the Contractor an opportunity to cure, the Department shall nptify the Contractor in writing of the need to take corrective action. If the corrective action is not taken within ten (10) calendar days or as othenivise spedfied by the Department, or if such corrective action is deemed by the Departmervt to be insufficient, the contract may be terminated in whole or in part. The Department reserves the right to suspend all or part of the contract, withhold further payments, or prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged compliance breach, pending corrective a"cfion by the ContracEar, if allowed, or pending a decision b'the . Department to terminate the contract in whole or in part. ~c• In the event of termination, the Contractor shall be liable for all damages as authorized by law, induding but not limited to, any cost difference between the original contract and the replacement or Opver contract and all adminisirative costs directly related to the replacement contrad, e.g., oos#' of ' administering the competitive solicitation process, maiting, adverfising and other associated- staff t~rne. The rights and remedies of the Deparfinentprovided for in this section shall notbe exctusive and ate in addition to any other rights and remedie's provided by law. ~ If it is determined that the Contractor. (1) was not in default or material breach, oc (2) failure to perform was outside of tHe Contractor's control, fault or negligence, the termination shall be deemed to be a 'Termination for Convenience°. 29. TERMINATION FOR CONVENIENCE Notwithstanding any proVisions of tiiis contract, the Contractor may terminate this contract by providing written notioe of such termination to the DepartmenYs Key Personnel identffied in the contract, specifying the effective date thereof; at least thirty (30) days prior to such date. ~ Except as otherwise provicled in this contract, the Department, in its sole discretion and in the;:best interests of the State of. Washington, may 4erminate this contracf in whole or in part by providin:ten (10) calendar days written notice, beginning on the second day after mailing to the Contractor. li~on notice of termination for convenience, the Department reserves the right to suspend all or part af'the contract, withhold further payments, or prohibiti the Contractor fmm incurring additional obligatiosb of funds. In the event of termination, the Contractor shall be liable for all damages as authorized boaw. The rights and remedies of the Department provided for in this section shall not be exdusive and aaie in addition to any other rights and remedies provided by law. 30. TERMINATION PROCEDURES !n addition to the procedures set #orth below, if the Department terminates this contract, the Contractor ~ shall foUow any proeedures specfied in the terminaUon notice. Upon termination of this contract and. in addition to any other rights provided'in this contract, the Department_may require the Contractorto deliver #o the Department any property specfically produced or acquired for the performance of such part of this contract as has been terminated.. FEMIA HSGP-FFY 08 Page 12 of 17 FGng CourdysbEM Reissus - E09078 Page 33 of 38 tJ~Y . . . ~ EXHIBIT D If the termination is for oonvenience, the Department shall pay to the Contractor the agreed upon pnce, if separately stated, for. properly authorized and completed work and senrices rendered or goods delivered to and accepted by the Department prior to the effective date of contracf termination, anAhe amount agreed upon by the Contractor ;and the Departmerrt for (i) completed work and services arid/or equipment or supplies provided for which no separate price is stated, (ii) partially vompleted worktnd services and/or equipment or supplies provided which are accepted by the Department; (iii) other work, services and/o'r equipment or supplies'which are accepted by the Department, and (iv) the protection and presenration of property. Failure. to agree with such, amounts shall be a dispute within the meaning 'of the "Disputes" clause of this contract. If tFie termination, is for cause; the Department shall determine the extent of the liabiliiy of the Department The Department shall have no other obligation to the Contractor for termination. TiThe Departmerrt may withhold from any amounts due the Contractor such sum as the Department deberrnines to be necessary to protect the Depattment against potential loss or liabitity. The rights and remedies of the Departmenf provided in this contracf shall not be exclusive and are in addition to any other rights and remedie5 provided by law. . • After receipt of a notice of termination, and exoepf as otherwise direded by the Department in wnting, the Contractor shalL- ~ . , a. Stop work under the contract on the date, and to the extent specified, in the notice; b. Place no further orders or subcontracts for materials; senrices, supplies, equipment ar~/or facilities in relation to this contract except as may be necessary for complefion of such portic'~~'i of the work underthe contract as is not terminated; " c. Assign to. the Department, * in the manner, at the times, and to the extent :directed by the Department, all of the rights, title, and interest of the Contractor under the orders and subcontracts so. terminated, in which case the Department has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; d. Settle all outstanding liabifrties and all daims arising out of such termination of orders and suboontracts, with the approval or ratification of the Department to the extent the Department - may require, which approval or ratification shall be.final for all the purposes of this clause; e. Transfer tiUe to the Department and deliver in the manner, at the times, and to the extent directed by the Department any properfy which, if the contracf had been completed, would have been required to be fumished t.o the Departmerrt; Y f. Complete'perfoRnanoe of such part of the work as shall not have been terminated by:;Rthe Department in compliance:with, all contractual requirements; and ; g. Take stich action as may be, necessary, or as the Department may require, for the prote~3ion and preservation af the property related to this contract which is in the possession otfthe , Contractorand in which the Department has or may acquire an interest. AAG Approved 9112/2007 i. FEMA-HSGP-FFY US Page 13 of 17 FGng County~EM Reissue - E0~, 178 Page 34 of 38 • EXHIBIT D Exhi6it B $tatement of Work FFY 2008 State Homeland Security Program INTRODUCTION: The Wash'►ngton State Military Department Emergency Managemenf Division's (E{VID) Momeland Security Sedion is responsible for programs designed to prepare and improve the State's ability to prepare for, prevent,, proted against, respond to and recover from terrorist attacks and other major disasters. Through the U.S. Department of Homeland Security (DHS), Federal Emergency Managemerrt Agency (FEOA), , the FFY08 State Homeland Security Program is providing funds to enhance the capability of state and f6cal units of govemment to make measurable progress towards the achievement of the National Preparedness Guidelines by addressing the unique exercise, training, planning, organization, equipment, and administration needs of local emergency responders; to strengthen improvised explosive device (IED) attack deterrence, prevention, and protection capabilities; and to strengthen preparedness planning. Washington State is subdivided into nine (9) Homeland SecUrity Regions. Within each of the nine regions a Regional Homeland Security Coordinating Office (RHSCO) has been identified. King County Office of Emergency Management is the Region 6 RHSCO. FGng County Office of Emergency Management (herein known as the Contractor) agrees to the following. GENERAL PROGRAM REQUIREMENTS: 1. Work closely with the established Regional Homeland Security Council to develop a strategy and subsequent budget for the use of these funds. The implementation of the projects oc activities associated with these funds will be coordinated with the counties, cities, and the tribal govemments located withiq :the established region. A`V. ~.Y 2. Activities under this contract must have s dear correlation to the goals, objectives, and priorities idenffimed in the Washington State Strategic Ptan and corresponding Investment Justifications submitted irWjlthe FFY08 grant application. e; 3. Plan and implement equipment purchases, exercises, training, planning and management & administration activities in accordance with the FFY08 Homeland Security Grant Program Guidance, which can be found at http://www:fema.4ov/aovemmenUgrant/hsaaAndex.shtm, aswell as all subsequenf,palicy changes. 4. Ensure that all subcontractors and subgrantees are in compliance with the FFY08 Homeland Security 6rant Program Guidance through monitoring of expenditures and periodic reviews of activities. 5. Submit a Bi-Annual Sfrategy Implementation Report (BSIR), Via the web-based Grant Reporting Tool at https://www.reaortinQ.oda.dhs.QOV as required in the contract Milestones. 6. Submit a Bi-Annual Progress Reportto the e-mail address hls.reporting@emd:wa.gov as required in the contract Milestones. ~ 7. Submit at a maximum monthly and a minimum quarterly signed and approved, invoice vouchers (~,tate Form A-19) and a Reimbursement SpTeadsheet to the Department for costs incurred. S. If purchasing equipment, the Contractor must meet the following requirements: • Equipment must be in compliance wifh the FEMA Authorized Equipment List (AEL), as detailed Ot: httq:Hwww.rkb.us/. • Determine whether or not it is in the best interest of the Contractor to make purchases using its own procurement process or ask the Department to make purchases on its behalf: . • Make a request to the Department in writing that authorizes the Department to de-obligate funding from the Contractor's conVact and use the siate's procurement process to purchase equipment on behalf of the Contractor. This will necessitate an amendment to the corrtract-reducing the Contractor's award by an amount sufficient for the Department to make the purchase(s). The Department will pay - the vendor directly and all items willbe drop shipped to a location designated by the Contractor. FEMA-HSGP-FFY 08 Page 14 of 17 King CouMy'OEM Reissue - E00-178 Page 35 of 38 ~ i EXHIBIT D 9. Exercises that are implemented with grant funds must meet the requirements ofi the FFY08 Homeland 8ecuritjr Grant Frogram Guidance, be threaf and pertormance based, and should evaluate perFormance of critical prevention and response.tasks required ofthe exercise scenario. Upon completion of the exertise, an After Action Report and an Improvement Plan must be prepared and submitted to the FEMA poi.rtal within 60 days ofi completion of the exerase. Reimbursements for exercise related expenditures can nqf be made until this requirement has been met < . . 10.1`fie FFY08 HSGP grant stipulates the following caps.and thresholds: o The Contractor witl not be reimbursed far Management and' Administrative oosts that exceed $138,705 of the total contrad award. • The Contractor will not be reimbursed for personnel costs related to planning, training, exerase and/or equipment actnrities that'exceed $508,000. • A minimum of 25% of the contract award must be spent on preparedness planning activities and/or strengthening improvised explosive device (IED) attack deterrence, prevention, and protection capabilities. • A minimum of 25% of the contract award must be spent on law enforcement terrorism prevention- activities. • Costs which qualify for both the,preparedness planning/IED minimum requirement and the 'Law Enforcement prevention activities minimum requirement may be counted against both requirementg~. CONTRACTOR TASKS: ~f 1. Purchase approved hazardous response, decontamination, medical surge, and explosive device equipment for first responder agenaes;. 2. Provide King County planning support for intelligence analysts and position related, approved equipment. needs for the FGng Gounty Fusion Center; and Seattle/King County RIG to strengthen information 'and intelligence gathering, analysis; and information sharing capabilities. 3: Provide approved regional seminar for public and private stakeholders on the Automated Critical Assets Management System (ACAMS); provide approved regional seminar for public and private stakeholders on coordinating the region's critical infrastructure business continuity planning; and provide an approved regional workshop on issues pertaining to the cxoss sector interdependencies and cyber security issues of . critical infrastructures for public and private stakeholders; 4. Provide planning support for the CBRNE program to move fonnrard with integrated response protocols and - the purchase of approved standaMized equipment to address previously identfied gaps; and provide planning support to create regional standardized protocmis; guidelines, and evaluation criteria for st-aw Enforcement CBRNE teams region wide, and to apply the plans to approved local exercises, workshops, and drills. 5. Provide lannin su ort for Resource Mana ement to p g pp g populate resource databases, develop a res6rce processing system for a technology'6ased process for the,management of staff, volunteers, resources;and donated goods during all hazard events. 6. Provide approved subject matter expert consultation for the development of fully functional Altemative ware Facility and Operations Plans " , 7. Provide ptanning support and associated public education materials for Citizen Public Education and to purchase and distribute approved safety equipment used 6y CERT trained individuals. 8. Purchase approved CBRNE rated equipment for respiratory protection for the King County Regional Tactical Teams. 9. Provide approved training and exercises for CBRNE Interoperable Communications, Medical Surge, and Incident Management to effectively respond to and recoverfrom all hazard events; and provide approved equipment, planning support, and approved exercises and #raining for On Site Incident Management for the Seattle Metropolitan Incident Management Team to enhance incident management capabilities. ~ FEMA-HSGP-FFY08 ~ Page 15 of 17 FGng Courrty'OEM Reissue - E0~178 1:~ . Page 36 of 38 's`~ I EXHIBIT D 10. Provide King County Zone 1 and Zone 3 planning support for all hazard preparedness, response, mitigation, and recovery; provide facilitation support for Zone level cooperative meetings and serve as?the resource for information regarding fraining and education for Zone responders and agency representatives. 11. Provide Kng County planning support for a communications specialist to enhance preparedness. plarining caordination in Region 6, to include the Regional Public Information Neiwork and other public educkion campaigns. 12. Provide King County planni,ng assistance for enhanced coorrlination of Homeland Security activities for Region 6 in support of the Region 6 Emergency Management Advisory Committee and related'workgrotlps, the Region 6 Strategic Plan development, zone coordination and other approved Home(and Security related projects. 13. If necessary, hire a Subcontractor to assist in accomplishing the contract tasks. THE MILITARY, DEPARTMENT AGREES TO: J 1. Provide technical assistance, expertise, and state coordination with FEMA whene necessary. 2. Reimburse the Contractor within 45 days of receipt and approval of requests for reimbursement which indudes all documentation of expendihures as required. .`le t.t ~4ry MILESTONES - FFY08 State Homeland Security Program . N MILESTONE TASK September 1, 2008 Start:of contrad performance period. September 30, 2008 Submit NIMS compliance report. January 2008 Contract Execution. January 15, 2009 Submission of B'i-annual Strategy Implementation Report (BSIR) & Progress Report. Submission of Bi-annual' Strategy Implementation Report (BSIR) July 15, 2009 & Progress Report. Submission ofBi-annual Strategy Implementation Report (BSIR) January 15, 2010 & Progress Report. " - - - - , December 31, 2010 End of contract pertormance period. ; No later than January 15, 2011 Submrt all fnal reports, requests for reimbursement and/or cie6verables. FEMA-HSGP-FFY OS • Page 16 of 17 iGng Courrty.OEM Reissue - E09i '178 Page 37 of 38 • ~ y; . ::t EXHIBIT D Exhibit C BUDGET SHEET fFY 2008 State Homeland Security Program PLANNING SubmCategory Salaries & Benefits, • $ 527,500 Funding Souce 783SU Consultants/Sub-ConVacting $ 425.000 Goods & Services $ 175,000 - Travel8 Per Diem $ - - Other-Indirect $ - Tota) E 1,127,500 - ' TRAINING Sub-Category Funding Source 783ST Salaries & Benefits $ 130,000 ConsultanLs/5ub-Contracting $ 30,000 Goods.& Services $ 5,000 Travel & Per Diem $ 15,000 Other $ - • Total $ 180A00 DXERCIS.E Sub-Gategory Funding Source 783SQ • Salaries &'Benefits $ 190,000 Consultants/5ub-Contracting $ 89,000 Goods & Services $ 36,000 Travei 8 Per Diem $ - Other $ Total $ 315,000 MANAGENENT & ADMINISTRATION Sub-Category Funding Source: 783SA Salaries & Benefits $ 130,000 Consultants/Sub-Contracting $ - Goods 8 Services $ 5,000 Travel & PerDiem $ Other $ - ' • Total $ 138;000 ORGANIZATION Sub-Category Funding Source: 783SD Salaries & Benefits $ - Overtime $ - Consultants/Sub-Contracting $ 250,000 Goods & SerVices $ Travel'& Per Diem $ 15,000 ' Other-Indired $ . . Total $ 265,000 . EQUIPNAENT Sub-Category Funding Source: 7835S ~ Equ3pment $ 2,597,988 Total ° $ 2,597,886 ' Total Budget $ 4,623;486 • L Cumulative changes to budget categories in emess oi 10°k of the contrad award will not be reimbursed without prior wriiben authorization from the Departrnern: 2. Federal funds maybe used to suppliment exdsting funds, and wi[i not reptace (supplarrt) funds tFiat have been appropriated for the same purpose. . The Contractor will not be reimbursed for IUbnagement and Administrative costs that emeed $138,705 of the total 4. The Contradorwill not be reimbursed for.personnel costs relaled to planning, training, exerase and equipment activities that exceed $508,000. ' - . Aminimum of25°r6 afthe contradaward mustbe spenton preparedness planning activifiesand/orstrengthening improvised eplosive device pED) atfadc deterrence; preventiorr, and protection capabilities. 6. Aminium of25°k offhe conVactaward must6e spent on law enioroementterrorism prerention-acHvities. FEMA-HSGP-FFY OS Page 17 of 17 lGng County_;OEM Reissue - E09-178 Page 38 of 38 King County Office of Emergency Management HOMELAND SECURITY SUBGRANT AGREEMENT - AMENDMENT A Sub -grant Agreement : FFY08- SHSP -CC -002 Project Title: KING COUNTY CITIZEN CORPS SUPPLIES & EQUIPMENT Sub - grantee: City of Auburn King County Emergency Management and the Subgrantee mutually agree to AMEND the original agreement terms and conditions as follows: ❑ 1. SCOPE OF WORK ❑ 2. BUDGET ® 3. PERIOD OF PERFORMANCE The period of performance is extended from August 31, 2010, to October 15, 2010, due to vendor supply and shipping delays. All other terms and conditions of the original Sub -grant Agreement remain in force. IN WITNESS WHEREOF this Amendment has been executed by each party on the date set forth below: CITY OF AUBURN me, Titl 'ic1Jaor0 Date KING COUNTY OFFICE OF EMERGENCY MANAGEMENT .EmEg. ?ea mNC.e.BY ,�, 0� Hillman Mitchell, Dir Date Page 1 of 1