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RESOLUTION NO. 4 5 5 6
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 SIX
THOUSAND EIGHT HUNDRED FIFTY THREE DOLLARS AND
EIGHTY CENTS ($6853.80) TO PROVIDE EQUIPMENT TO KING
COUNTY COMMUNITY EMERGENCY RESPONSE TEAM (CERT)
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 funds
to assist Citizen Corps Councils in providing programs and has provided King
County with those funds to distribute; and
WHEREAS, Community Emergency Response Teams fall under the
authorized activities of Citizen Corps Council programs; and
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 Six Thousand Eight Hundred Fifty Three Dollars and Eight Cents
($6853.80) to fund King County Community Emergency Response Team (CERT)
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. 4556
January 11, 2010
Page 1
Section 3. Effective Date. This Resolution shall be in full force and effect
upon passage and signatures hereon.
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SIGNED and DATED this ~ day of January 2010.
CITY OF AUBURN
~ P'ETER B. LEWIS
MAYOR
ATTEST:
Danielle Daskam,
City Clerk
Nb VE T FO R`M: j )V . Heid"
City Attorney \
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Resolution No. 4556
January 11, 2010
Page 2
~~~~~~Eri
JAN 1 8 2010
ICng County Office of Emergency Management Em~~ge County of ~
HOMELAND SECURITY SUBGRANT AGREEMENT FFY08 CRY CJ.PpK ~U~~
S
OFrjcE
SUB GRANT AGREEIIAENT NUMBER: FFY08-CCP-004 FEB I12010
PROJECT TITLE: KING COUNTY CERT INSTRUCTOR.IDENTIFYING CLOTHING
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 understood that funding for this Agreement has been granted.to King County by the United
States Department of Homeland Security (DHS) through the Washington. State Military
Department, Emergency Management Division (EMD) and Washington Commission for
National and Community Service (WCNCS). The funding source of the grant is the FFY08
Homeland Security Grant, Citizens Corps Program, Catalog of Federal Domestic Assistance
(CFDA) # 97.067, State Contract # K460.
Neither the DHS nor the Federal Government shall be a party to any.subagreement nor to
any solicitations or request for proposals. This Agreement shall be subjecf to the applicable
grant contract between DHS and EMD and the subgrant. contract beiween EMD and King
County. The Subgrantee agrees not to perform any act; fail to pertorm any act, or refuse to
comply with any King County requests that would cause K'ing-County to be in violation of the
DHS, EMD and WCNCS 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, BUDGETAND APPROVED,EQUIPMENT LIST
The Subgrantee will accomplish the work and tasks as set forth in this Agreement including the
Scope of Work, (attached hereto as Exhibit A), Budget (Exhibit B) and Approved Equipment List
(Exhibit C).
2. PERIOD OF PERFORMANCE
The period of performance under thisAgreement will be from January 1, 2010, to February 28,
2010. All work must be satisfiactorily completed, and' all invoice reimbursement requests,
reports, and deliverables must be submitted to lGng County Office of Emergency Management,
by the end of this Period of Performanoe. 3. CONTRACT REPRESENTATNES
King County's Project Manager on this Agreement shall be Tony Lewis - Grant Administrator at
King County Office of Emergency Management. The Project Manager shall be responsible for
monitoring the performance of the Subgrantee, the approval of actions: by the Subgrantee,
approval for payment of billings and expenses submitted by the Subgrantee, and . the
acceptance of any reports by the Subgrantee.
The Subgrantee's representative to this Agreement shall be Sarah Miller - Emergency
Preparedness Manager, for the City of Auburn, who will be the contact person for all
communications regarding the conduct of work under this Agreement and who will ensure that
all terms of the Agreement are mef.
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Any notice required or permitted under this Agreement shall 'be deemed sufficiently given or
servecl if sent to King County or tfie Subgrantee at the addresses provided below:
If to King County:
Tony Lewis
King County Office of Emergency Management
3511 N E 2"d Street -
Renton, WA 98056
PH: 206.29638301 FAX: 206.205.4056
Tony.Lewis@kingcounty.gov
If to the Subgrantee:
Sarah Miller
340 E Main St, Suite 201 Aubum, WA 98002 . PH: 253-876-1909 / FAX: 253-939-7769 `
skmiller@auburnwa.gov '
4. REIMBURSEMENT REQUE3TS AND PAYMENT
This is a reimbursement Agreement and will not to exceed $ 6,853.80 (Sa thousand eight
hundred fiRy-thrtse do//ars and:eighty cents) with compensation payable to the Subgrantee. for
satisfactory performance of the work under this Agreement Payment for sabsfactory
perfotmance of ihe work shall not exeeed this amount. The parties may amend this amount by mutual agreement.
Compensation for satisfactory work performance shall be payable upon receipt of properly
completed Invoice Reimbursement Request, which is available to the Subgrantee at.
http://wHrw. ki ngcounty. gov/safety/preoare/EmergencyM anag e mentProfessionals/Gra nts/SubGra nts. 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 Exhibifs A, B and C. Supporting documentation
includes, but is not limited to, paid _invoices to vendors, paid expense claim forms, eanceled
checks, etc. The documentation must also include the date of payment by the Subgrantee to
ensure that the workwas completed within the subgrant period of performance. When seeking
reimbursement for equipment, the Subgrantee must a_ Iso present a Hand Receipt Form: IGng
County may also require the Subgrantee to document that funding govemed by this Agreement
is not being used to''replace or supplant exasting programs, staff costs, activities and/or
equipment
Payment shall be considered timely if mailed by King County to the Subgrantee within thirty (30)
calendar days after receipt of properly completed Invoice Reimbursement Request. Payment
shall be sent to the address de§ignated by the Subgrantee on the- Invoice Reimbursement
Request form. King County may, at its sole diseretion, withhold payments claimed by the ,
Subgrantee for services rendered if King County has determined that the Subgrantee has failed
to satisfactorily comply with any term or:condition of this Agreement.
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King County does nof incur liability for any payment to the Subgrantee that is subsequen#ly
disallowed by State or Federal granting agencies. King County reserves the right to withhold or
recoup payment for work or activities determined by funding agencies to be ineligible for
reimbursement.
5. REPORTING REQUIREMENTS
Narrative Progress Reports are due on a quarterly basis. This report must include the
Subgrantee's progress in implementing the Scope of Work, including any problems
encountered and possible cost overruns or under runs. If no progress has been made on the
AQreement a report must still be Qrovided quarterly. ,
6. RECORDS MAINTENANCE
The Subgrantee shall maintain I accounts and records, includ.ing personnel, financial, and
programmatic records, and other such records as may 6e 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 sutiject to inspection, review
or audit by King County, State or Federal officials as so authorized by law.
7.EQUIPMENT MANAGEMENT, ADMINISTRATNE 8 GENERAL PROGRAM
REQUIREMENTS
A. EQUIPMENT MANAGEMENT
All equipment purchased under this Agreement by the Subgrantee will be recorded and
maintained in an equipment inventory system.
1. 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 until the appropriate approvals have been obtained.
2. The Subgrantee shall ensure full compliance with FEMA's fnvironmental and Historic
Presenration (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 expenses and for the safe operation of the equipment,
induding all questions of liability.
5. The Subgrantee shall maintain equipment records that include:.a description of the
equipment; the manufacfurer's serial number, model number, or other identification
number; the source of the equiprnent, including the Catalogue of Federal Domestic
Assistance or CFDA number, who holds title; the acquisition date; the cost of the
equipment and the percentage of Federal participation in the cost; the location, use and
condition of the equipment at the date the information was reported; and disposition data
including the date of disposal and sale price of the property.
6. Records for equipment shall 6e 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
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#he Subgrantee until all litigations, claims, or audit findings involving the records have,
been resolved. 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
befinreen quantities determined by the physical inspection and those shown in the
records shall be investigated by the Subgrantee to determine the cause of the difference.
The Subgrantee shall, in connection with the inventory, verify the existence, current
utilization, and continued need for the equipment.
8. Forthe purpose of inventory and disposal of equipment purchased under this contract
the 44 CFR Section 13.3 definition of equipment will be used. lt 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. Tfiis definition will be used for
equipment purchased with confractfunds, unless local or state regulations are more
restrictive.
9. The Subgrantee shall develop a control system to ensure adequate safeguards to
prevent loss, damage, unauthotized use and theft of the equipment to include small and
attractive items. Any loss, damage or theft shall be investigated and a report generated
which will be submitted to King CountyOffice 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 possi_ble return. 12. When original or replacement equipment is no longer needed for the original project or .
program or for other activities currently or previously supported by a Federal agency,
disposition of the equipment will be made as follows:
a. Items of equipment with a current per-unit fair market value of less than $5,000 '
may be retained, sold or otherwise disposed of by the Subgrantee with no further
obligation to the awarding agency.
b. Items of equipment with a current per-unit fair market value of more than $5,000
may be retained or sold and the Subgrantee shall compensate the Federal-
sponsoring agency for its share. .
As subgrantees of. federal funds the Subgrantee musf pass on equipment management
requirements that meet or exceed ,the requirements outlined above for all subgrantees wh"o
receive pass-thru funding from this contract.
B. ADMINISTRATNE REQUIREMENTS
The Subgrantee shall comply with all financial and procurement guidance, including competitive
processes and other procurement reguirements; to include but not limited to Offlce 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 Principlesfot Non=Profit Organizations, A133 Audits of States„ Local
Govemments, and Non-Profit Orga.nizations, the Federal Emergency ManagementAgency's
codifed regulations, 44 code of Federal Regulations (CFR), and .the U.S. Department of
Homeland Security's Financial, Management Guide. Local and state procurement and
contracting `regulations take preoedenf over these requirements when local and state
regulations are more stringent
C. General Requirements -
Subgrantee must adhere to all financial and procure guidance, including:
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• Adhere to OfFce 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 requirementi must be passed on to all of the Subgrantee's sub-
contractors, at which point the Subgrantee will be responsible for reviewing and
approving their sub contractor's sole source justification.
• Adhere to Office of Grants and Training requirements that all contracts with individual ,
consultants, that are not competitively bid, and where the consultant will be charging an
excess of $450 per day (excluding travel and subsisfence) must be approved by King
County before the contract is executed. This requirement must be passed on to all of
. the Subgrantee's sub-contractors, at which point the Subgrantee will be responsible for
reviewing and approving their sub-contractor's contract
• Grant funds may not be used to replace or supplant existing funding.
No travel or subsistence costs, including lodging and meals, reimbursed under this sub grant
agreernent may exceed federal maximum rates which can be found at www.gsa.gov.
8. COMPLIANCE.WITH APPLICABLE LAWS AND GRANT REQUIREMENTS
The Subgrantee shall be responsible for following all, applicable Federal, State and local laws,
ordinances, rules and regulations in the performance, of wock described herein. . New federal
laws, regulations., policies and administrative practices may be established after the dafe this
Agreement is established and may apply to this Agreement. To achieve compliance with
changing federal requirements, the Subgrantee agrees to accept all changed requirements, that
apply to this Agreement and to require compliance with changed requirements in all
subcontracts. Failure to comply shall constitute a material breach of this Agreement.
By entering into this Agreement the Subgrantee agrees that to receive any federal
preparedness funding, all National Incident Management System (NIMS) compliance
requirements outlined in applicable grant guidance must be met.
The Subgrantee and all its subcontractors shall complv with, and DHS is not responsible for
determining compliance with, any_,and all applicable federal.. state, and local laws, reQUlations,
and/or policies. This obligation includes, but is not limi#ed to, laws, regulations and policies
listed in this Aqreement.
A. EQUAL EMPLOYMENT OPPORTUNITY
During the performanee of this Subg(rant, the Subgrantee shall comply with all federal and
state nondiscrimination statutes and regulations. These requirements include, but are not
limited to:
1. Nondiscrimination in Employment: The Subgrantee shall not discriminate against
any employee or applicant for employment because of race, color, sex, sexual
orientation, religion, national origin, creed, maritaF 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 pertorm work connected with the carrying on by
such corporation, association, educational institution or society of its activities.
2. The Subgrantee shall take affirmative action to ensure that employees are employed
and treated during employment without discrimination because of their race, color,
religion, national origin, creed, marital status, age, Vietnam era or disabled veterans
status, or the presence of any sensory, mental, orphysical handicap. Such action
shall include, but not be limited to, the following: Employment, upgrading, demotion,
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or transfer; recruitment, or recruitment selection for training, including
apprenticeships and volunteers.
Ref: Executive Order 11246, as amended by Executive Order 11375; Title VII of the Civil
Rights Act, as amended, 42 USC § 2000e; section 4 of the Age Discrimination in
Employment Act of 1967, as amended, 29 USC § 623; section.102 of the Americans with
Disabilities Act, as amended, 42_ USC 12101 et seq.; 29 CFR Part 1630; 41 CFR § 60-
1.4.
B. NON-DISCRIMINATION
During the performance of this Agreement, neither the Subgrantee nor any party
subcontracting under the authority of this Agreement shall discriminate on the basis of race,
color, sex, religion, nationality, creed, marital status, sexual orientation, age, or presence of ,
. any sensory, mental, or physical handicap in the employment or application for employment or
in the administration or delivery of or access to services or any other benefits under this
Agreement as defined by King County Code, Chapter 12.16.
During the performance of this Agreement, neither the Subgrantee nor any party
subcontracting under the autliority of this Agreement shall engage in unfair employment
practices as defined by King Gounty 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 partieipate
either directly or indirectly in. the discrimination prohibited by Section 21.5 of the
Regulations, including employment practices when the Agreement covers a program set
forth in Appendix B of the Regulations.
Ref: 20 USC 1681 et seq., Age Discrimination Act of 1975, as amended, 42 USC
6101 et seq.; Section 504 of the Rehabilitation Act of 1973, as amended, 29 USC § 794,
Americans with Disabilities Acf of 1990 (ADA), as amended, 42 USC 12101 etseq.
2. Solicitations forSubcontracts, 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 tfie.Subgrantee's obligations under this Agreement and the
regulations relative to: nondiscrimination on #he grounds `of race, color, creed, gender,
disability, age or national origin.
3. Information and Reports The Subgrantee shall provide all, information and reports required by the regulations or
' directives issued pursuant thereto and shall permit access to its books, records, acoounts,
other sources of information, and its facilities as may be determined to be pertinent to
ascertain compliance with such regulations, orders and instructions. The Subgrantee shall
maintain all required records, for at least six (6) years after King County makes final
payment and all other pending matters are closed.
4. Incorporation of Provisions
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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, inGuding
sanctions for noncompliance. Provided, however, that, in the event the Subgrantee
becomes involved in or is threatened with litigation with a subcontractor or supplier as a
result of such direction, the Subgrantee may request King County to enter into such
litigation to protect the interests of the County, and in addition, the Subgrantee may
request the Federal Govemment to enter into such litigation to protect the interests of the
United States.
C. AMERICANS WITH DISABILITIES ACT
In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C.
12112, the Contractor shall comply with the requirements of U.S. Equal Employment
Opportunity Commission, °Regulafions 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, "Nbndiscrimination on the Basis of
Disability in State and Local Govemment Services," 28 CFR Part35;
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, 'Telec;ommunications Relay
Services 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 Agreement involves the operation of a system of
records on individuals to accomplish a govemment 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 underthis Agreement that involve the design, development, operafion, or.
: maintenance of any system of records on individuals subject to the Act.
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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 thisAgreement or to any benefit arising therefrom.
F. DISCLOSURE OF LOBBYINGACTMTIES
Agreements in excess of $100,000 require that a Certification Regarding Lobbying, and
Disclosure of Lobbying Activities (ifi appropriate), be completed and submitted to King County
as required by 49 CFR Part 20, "New Resfictions on Lobbying."
The Subgrantee certifes that it shall not and has not used Federal appropriated funds to pay
any person or organization for influenang or attempting to influence an officer oc employee of
any agency, a member of Congress, officer or employee of Congress, or an employee of a
;member of Congress in connection with obtaining any Federal Contract, grant or any other
award covered by the Byrd Anti-Lobbying Amendment, 31 USC § 1352. The Subgrantee shall
disclose the name of any registrant under the Lobbying Disclosure Act of 1995, 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 USC § 1352. Such disclosures -
are to be forwarded to King County.
The Subgrantee shall include the language of this certification in all subcontract awards at any
tier and require that all recipients of subcontract awards in excess of $100,000 shall certify and
disclose accordingly.
Ref: 49 CFR Part 20, modified as necessary by 31 USC § 1352.
G. FALSE OR FRAUDULENT STATEMENTS OR CLAIMS
The Subgrantee acknowledges that if it makes a false, fictitious, or fraudulent claim, statement,
submission, or certfication to King County in connection with this project, the Countyresenres
the right to pursue the procedures and impose on the recipient the penalties of 18 USC § 1001,
31 USC 3729 and 3801 et seq., and/or 49 USC § 5307(n)(1), as may be appropriate.
The Subgrantee agrees to include this clause in all subcontracts awarded under: tliis
Agreement. ,
H. ENERGY CONSERVATION
The Subgrantee agrees to comply with mandatory standards and policies relating to energy
efficiency that are contained in !the State Energy Conservation plan issued in compliance with.
the Energy Policy and Consenration 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 #o comply. with the applicable requirements of the National
Environmental Policy Act of 1969, as amended, 42 USC 4321, et seq., consistent; with
Executive Order No. 11514; as amended, "Protectibn and Enhancement of EnVironmental
Quality," 42 USC § 4321 note: Gouncil on Environme"ntal Quality regulations on compliance
with the National Environmental Policy Act of 1969, as amended, 42 USC § 4321 et seq 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 thaf conserve natural resources and protect
the environment and are energy effcient, Examples;of such products may include, but are not
limited to, products described in the United States EPA Guidelines at 40 CFR Part 247,
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implementing section 6002 of the Resource Conservation and Recovery Act, as amended, 42
USC § 6962, and Executive Order 12873.
K. PATENT RIGHTS
If any invention, improvement, or discovery of the Subgrantee or any of its Subcontractors is
conceived or first actually reduced to praetice in the course of or under this Agreement, and that
invention, improvement, or discovery is patentable under the laws of the United States or any
foreign country; the Subgrantee agrees to notify King County immediately,and provide a
detailed report. The rights and responsibilities of the Subgrantee and King Gounty with respect
to such invention, improvement or discovery shall be determined in accordance with applicable -
Federal laws, regulations, policies, and any waiver thereof.
Unless the FederaF Govemment later makes a contrary determination in writing, irrespective of
the Subgrantee's status (i.e., a Iarge business, small business, state govemment or state
instrumentality, local govemment, nonprofit organization, academic institution, individual), the
Counry and the Subgrantee agree to take the necessary actions to provide, through DHS, those
rights in that invention due the, Federal Govemment as described in U.S. Department of
` Commerce regulations, "Righfs to Inventions Made, by Nonprofif Organizations and Small
Business Firms Under Govemment Grants, Contracts and Cooperative Agreements," 37 CFR
Part 401.
The Subgrantee also agrees to include the requirements of this section in each subcontract for
experimental, developmental, or research work financed in whole or in part with Federal
assistanoe provided by DHS.
Ref: 49 CFR Part 19, Appendix A, Section 5
L.. OMB CiRCUUAts ,
The Subgrantee shall comply,with OMB Circular A-87, Cost Principles for State, Local, and
Indian Tribal Governments; OMB A-102, Grants and Cooperative Agreements with State and
Local Governments; OMB A-122, Cost Principles for Non-Profit Organizations; and A 133,
Audits of States, Local Governments, and Non-Profit Organizations.
M. SINGE AUDIT ACT
Non-federal entities receiving financial assistance of $500,000 or more in Federal funds from
all sources, direct and indirect, are required to have a single or a program-specific audit
conducted in accordance with the U.S. Office of Management and Budget (OMB) Circular A-
133, Audits of States, Local Governments, and Non-Profit Organizations (Revised Jnne 27,
2003, effective for fiscaf years ending after December 31, 2003). Non-federal entities that
spend less than $500,000 a year in Federal awards are exempt from Federal audit
requirements for that year, except as noted in Circular No. A-133.
Entities required to have an audit m'ust 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 responsibilityof notifying the State Auditor's Office and requesting an
audit, if required.
The Subgrantee shall maintain auditable records and accounts so as to facilitate the audit
requirement and shall ensure that any subrecipients or subcontractors also maintain auditable
records.
The Subgrantee must send a letter stating there has been a single audit completed and there
were no findings or if there were,findings, the letter should provide a list of the findings. The
Subgrantee is responsible for any audit exceptions incurred by its own organization or that of
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its subc:ontractors. Responses to any unresolved management findings and disallowed or
questioned costs-shall be included with the audit report: The Subgrantee must respond to
King Gounty Office of Emergency Management requests for information or corrective action
concerning audit issues or findings within 30 days of the date of request. King County Office
of Emergency Management reserves the right to recover from the Subgrantee all disallowed
costs resulting from the audit. In addition to Sending a copy of the. audit, the Subgrantee must
include a corrective action plan for any audit findings and a copy of the management letter if
one was received.
The Subgrantee must send this letter to King County no later than nine (9) months after the
end of the Subgrantee's fiscal year(s).
The Subgrantee shall include the above audit requirements in any subcontracts.
N. CERTIFICATION REGARDING DEBARMENT, SUSPEN310N, OR (NELIGIBILITY
If Federal funds are the basis for this.contract, 'the Subgrantee certifies that neither it nor its
principals. are presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in transactions by any Federal department or agency.
By signing and submitting this Agreement, the Subgrantee is providing the signed certification
set out below. The certification in :this clause is a material representation of fact upon which '
reliance was placed when this transaction was entered into. If it is later determined that the
Subgrantee knowingly rendered an erroneous certification, the Federal Government and
County may pursue available remedies; including suspension and/or debarment.
The Subgrantee shall. provide immediate written notice to King County if at any time the
Subgrantee learns that its certification was erroneous when submitted or has become
erroneous by reason of changed circumstances.
The terms "covered transaction,f-" "debarred," "suspended," "ineligible," "lower tier covered
transaction," "participant," "persons," "principal," "proposal," and "voluntarily excluded," as -
used in this 'clause, have the meanings set out in the Definitions and Coverage sections of
rules implementing Executive Order 12549 [49 CFR Part 29].
The Subgrantee agrees by signing this Agreement that it :shall not knowingly enter into any
covered transacton with a person or subcontractor who , is debarred, suspended, declared
ineligible, or voluntarily excluded from participation in this covered transaction, unless
authorized in writing by King County.
The Subgrantee shall include the requirement in this section in any subcontracts. 9. AMENDMENTS
This Agreement may be amended only by written concurrence of both parties. Amendments to
Scope of Work (Exhibit A), Budget (Exhibit B) and Approved Equipment List (Exhibit C) will only
be approved if the proposed amendment ;is consistent with State and Federal granting agency
rules. Except for changes in Equipment and Salaries & Benefits on the Budget (Exhibit B), up
to ten percent (10%) of the total award amount may be shifted between the other approved
budget categories and sub categories.. For Equipment; Salaries & Benefits or amounts over ten
percent (10%), the Subgrantee must submif a writfen budget amendment request for approval.
Such requests will only be approved if.the proposed change(s) is (are) consistent with and/or
achieve(s) the goals stated in the Scope of Work (Exhibit A) and falls within the grant
requirements.
10. TERMINATION
This Agreement may be terminated by !King County, in whole or in part, for convenience without
cause prior to the end of the Period of Performance, upon thirty (30) calendar days advance
written notice. Page 10 of 35
This Agreement may be terminated by either party, in whole or in part, for cause prior to the end
of the Period of Performance, upon thirty (30) calendar days advance written notice. Reasons
for termination for cause may include but not be limited to: material issues of nonperformance
misuse of funds, and/or failure to provide grant-related invoices, reports, or any requested
documentation.
If the Agreement is terminated as provided above, King County will be liable only for payment in
accordance with the terms of this Agreement for satisfactory work completed prior to the
effective date of termination. The .Subgrantee shall be released from any obligation to provide
further services pursuant to this Agreement.
Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Agreement
or iaw #hat 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 protecf, indemnify and hold harmless King County, its officers, officials,
agents, and employees from and against any and all claims, costs, and/or issues whatsoever.
occurring from any and all actions by the Subgrantee and/or its , subcontractors pursuant to this
Agreement. The Subgrantee shall defend at its own expense any and all claims, demands,
suits, penalties, losses, damages, or costs of any kind whatsoever (hereinafter "claims")
brought against King County arising out of or incident to the Subgrantee's execution of,
performance of or failure to perform this Agreement. Claims shall include but not be limited to
assertions that the use or transfer of any software, book, document, report, film, tape, or sound
reproduction or material of any kind, delivered hereunder, constitutes an infringement of any
copyright, patent, trademaek, trade name, and/or otherwise results in unfair trade practice.
In the event the County incurs attorney fees and/or costs in the defense of claims within the
scope of the paragraph above, such attomey fees and costs shall be recoverable from the
Subgrantee. In addition King County shall be entitled to recover from the Subgrantee its
attorney fees, and costs incurred to enforce the provisions of this section.
12. INSURANCE
Subgrantee shall provide and maintain and shall cause its subcontractors to provide and
maintain Commercial General Liability 'in the minimum amount of $1,000,000 per occurrence
and $ 2,000,000 in the aggregate. King County, its officers, officials, agents and employees
shall be named as additional insureds. If the Agency is a Municipal Corporation or an agency of the State of Washington and is self-
insured for any of the above insurance requirements, a certification of self-insurance shall be
submitted to King County Office, of Emergency Management and shall constitute compliance
with this section.
13. SCHEDULE OF EXPENDITURES OF FINANCIAL ASSISTANCE
King County Government Subgrantees should not include expenditures incurred by your
agency, and ;reimbursed by DHS through King County Offi¢e of Emergency Management on
your annual Schedule of Expenditures of Financial, Assistance. King County Office of
Emergency Management, the, 'lead agency for this federal award, is responsible for
including these expenditures on their Schedule of Expenditures of Financial Assistance.
Page 11 of 35
i
14. ENTIRE CONTRACT/WANER OF DEFAULT
This Agreement is the complete expression ofi the agreement of King County and the
Subgrantee hereto, and any oral or written representations or understandings not incorporated
herein are exeluded. Waiver of any default shall not be deemed to be a waiver of any:
subsequent default. 'Waiver ofi breach of any provision of this Agreement shall not be deemed
to be waiver of any other or subsequent'breach and shall not be construed to be an amendment
of the terms of this Agreement unless stated to be such through written approval by both parties
and shall be attached to the original Agreement. 15. SEVERABILITY
If any section, subsection, sentence, clause or phrase of this Agreement is, for any reason,
found to be uneonstitutional or otherwise invalid by a court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions of this Agreement.
16. APPROVAL
This Agreement shall be subject. to the written approval, of King County's authorized
representative and shall not be binding until so approved.
THIS AGREEMENT, consisting of 12 pages and 4 attachments, is executed by the persons
signing below who warrant and represent that they have the authority to execute the
Agreement.
IN WITNESS WHEREOF this Agreement has been executed by each party on the date set forth
below: CI AU RN KING COUNTY
" (B
Name & Titie B• ~~~Si~D~ v`~Ro in riedman, Director
DtiaS 116
Date Date
Page 12 of 35
Exhibit A: SCOPE OF WORK
A 1 GENERAL INFORAAATION:
ProjeCt Tige: King County CERT InsVuctor ldentifying Clothing
Sub Grantee's Name: City of Aubum
Contact Person: Sarah K. Miller
Job Tite: Emergency Preparedness Manager
Complete Address: 340 E. Main St, Suite 201; Aubum, WA 98002.
Phone: 253-876-1909
Fax: 253-939-7769
E-Mail: skmiller@aubumwa.gov
A 2 INVESTMENT JUSTIFICATIOIV:
Gheck ONE Investment Jusfiflcation from the grant that will fund your project that best
describes it. `
SHSP 8 LETPP Projer.ts: .
❑ Protect Critical Infrastructure, Key Resources and Other Critical Assets ❑ Medical Surge and Mass Prophylaxis
❑ Strengthen Plans, Protocols, Training and Exercises to Enhance Preparedness
Planning
❑ Interoperable Communications
❑ Strengthen Regional CBRNE Detection, Response and Decontamination
Capabilities
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 35
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: ' I
GOAL 5.6
GOAL DESCRIPTION: Increase Citizen Preparedness and Participation
OBJECTIVE 5.6.2 ' OBJECTIV.E DESCRIPTION: Build a strong statewide volunteer capability to assist
emergency responders #or all-hazards by June 2011.
Identify ONE Strategic Category, ONE Target Capability :and ONE Element in the Re,qion
6 Homeland Security Sttategic Plan that best represents the project: STRATEGIC CATEGORY J .
STRATEGIC CATEGORY DESCRIPTION: Citizen Preparedness
TARGET CAPABILITY 38'
- TARGET CAPABILITY DESCRIPTION: Citizen Corps
ELEMENT
ELEMENT DEFINITION: Equipment
UASI Projects:
Identify ONE Goal and ONE Objective in the UASI Seattle-King County Urban Area
SVateav that best represents the project:
GOAL ' .
GOAL DESCRIPTION:
OBJECTIVE
OBJECTIVE DESCRIPTION:
Page 14 of 35
A-4 PROJECT DESCRIPTION:
Describe your project using a maximum of two pages by answering ALL of the following
questions separately:
1. Provide a description of your project (who / what / where /,when / why / how):
This grant will provide identifying dothing to CERT instructors in King County affiliated by a
recognized local CERT program. .
2. What is the purpose ofthe project? ,
_ The purpose of this project is #o raise awareness of CERT by providing appropriate attire to CERT instructors.
3. What problem does the project solve? CERT instructors currently are not clearly identified as such when teaching classes.
Providing identifying clothing recognizes them as bona fide instructors and makes them
more readily identifiable. It also facilitates sharing of instructors across programs.
4. How does the project enhance local / regional homeland security and preparedness for
CBRNE / Terrorist % WMD incidents?
Identification of CERT instructors encourages their continuance with the program, thus
enhancing our abilify to continue teaching CERT to the public.
5. What activities need to be completed to finish the project? /f the project wi// be
imp/emented in phases; identify this c%af/y and tie them fo your time/ine in the
fol%wing section.
Order needs to be placed with the vendor and equipment needs to be received.
6. What are the tangible results and / or deliverables of the, project?
This project will provide identifying clothing to CERT instructors. .
7. How will the grant funds be used to support this project?
Grant funds will be used to purchase identifying clothing for CERT instructors.
Page 15 of 35 '
A-5 PROJECT TIMELINE:
Make a timeli'ne'that includes measurable activities for task completion and critical dates.
' Project must be completed and delivered prior. to end date identified by' KCOEM Grant
'Manager. NaRative Progress Reports are required to be submitted on a quarterly basis (or
more fiequent/y if required by the KCOEM Grants Manage6.. The dates for these reports ~
are January 15, April 15, July 15 and October 15. If your project started 1, month prior to a_
naRative progress report due date, you may'wait until the following quarter or if your
subgrant ends within 1 rnontti of a narrative progress report you may submit with the final
- invoice. 'Include in the tim.eline submission of invoices reimbursement requests to KCOEM
and the end of project report to KCOEM. /f your project invo/ves purchase of equipment,
a//ow 3 months for equipment approva/ process to be, comp/eted which wi/! happen before
the contract is executed.
.
Estimated
" . . - . D. -
Place order with vendor 01/15/2010
Receive order from vendor` 02/22/2010
Make final re ort to KCOEM Grant Mana er 02/28/2010
Page 16 of 35
i
r -
Exhibit B: BUDGEI'
B-1 ALLOWABLE COSTS: Using Appendix A- Authorized Program Expenditures of FFY08-HSGP Program Guidance
& Application Kit'identify the allowable costs that best represent this project:
CBRNE B-2 BUDGET SUMMARY:
Fill out the budget table using the correct'budget category for your projecf expenses. For
ALL. item descriptions you MUST specify what the amount is for using question 7, section,
A,4 ofExhibitA.
Budget Category
~ • - _
Planning Training _ Exercise Equipment _
Equipment $ - $
Consultanf Fees $ - $ - $ -
, Salaries & Benefits $ -
Overtime/Backfill
Travel & Per Diem
Goods & Senrices $
Total Amount 6,853.80
. . . ~ 6,853.80
• With the exception of Equipment and Salaries 8 Benefits, changes to budget of no
more than 10% are allowed without priot authorrzation from KGOE_M. Any changes to
Equipment and Salaries & Benefits must have prior authorization from KCOEM
• Invoices submitted for reimbursement'must not exceed total amount of award and must
comply with grant requirerrients: .
1
, Page 17 of 35
EXHIBIT C:
Equipment Approval Request
Federal Fiscal Year 2008
Citizen Corps - CCP
Jurisdiction: King County
~ ~ _M
WMDNVCNCSvContracfNumber;~ 'w K460 roval Date":.TBD,._
Sub "rantee°Co"'n'tractNumber,..,~''. Re'.'uestDate`?01121N0,
tbem ' AEL• Equipment AEL_ _ Itierti &Description EsYd_. Estimatied Discipline_ Related Project '
No. Category Number Qty' Cost (Per WIIAD
- ` - - - _C - - ' _
21GN-00-CCEQ, Equipment, King County
I OtherAuthorized 21GN-00- Citizen Corps:ldanWng 1 $6,202.69 - CERT Instructor
Equipment CCEQ clothing Identifying
Clothin
2 OtherAuthorized 21GN-00- Shipping costs for equipment Equipment SHIP purchased with grant funding.
3 OtherAu4horized 21GN-00- Sales tax on equipment _ $ 651.11 - -
Equipment STAX purchased with grant funding.
Jurisdiction Total: $6 853.80
Notes:
~
Page 18 of 35
EXHIBIT D: STATE CONTRACT
INTERLOCAL GRANT AGREEMENT
Cantractot Name and Address: Agreemenf Amounfi Agreement Number
King County
Office of Emergency Management
351.1 NE.2Dd Street $22,846 K460
Renton, WA 95056
Contractor's Contact. Person, phone number. Service Start Date: Service End Date:
Robin Friedman, 206=296-3830 September 1; 2008 February 28, 2010
CCP Program Manager,,phone num6er. Cor►trad Start Date: Contract End Date:
Denise Mack, (389) 725-5290 September 1, 2668 Apri115, 2010
Funding Authority'.
Washington Commission for National and Community Service (Commission), Washington State Military Department
(Department) and the U.S. Depardnent of Homeland Security (DHS)
Funding Source Agreemenf Program Index OBJISUB-OJ CFDA TiUe:
2008-GE-T8-0038 763CS 97.067 HSGP
WomeNMinority-Owned, State Certified?: Service Area by County(ies): TIN or SSN:
ER N!A [I NO ❑ YES, OMWBE # King 9176001327
Contrador Selection Process: Contractor Type (chedc ati that appiy)
0 'To ail who apply & qualify° ❑ Competitive Bidding Q Private Organization/Individual- ❑ For-Profit
❑ Sole Source ❑ A/E RCW E] N/A Public OrganizatioNJurisdiction ~ Non-Profit.
❑ Filed w/OFM? ❑ Advertised? ❑ YES ❑ NO VENbOR Z SUBRECIPIENT ❑ OTHER
BRIEF DESCRIPTION: •
The Departrnent of Homeland Security (DHS), Offlcs of Grants and Training (G8T) is: providing funds through the. FFY08
Homeland Security Grant Program, Citizen Co.rps Program to support Citizen Corps Councils with planning, outreach,
and management of Citizen Corps programs and actiVities.
IN WITNESS WHEREOF, the Commission and Gontractor acknowledge and accept the terms of this contract and
attachmerrts hereto and have executed this contract_ as of 4he date and year written below. This Contract Face Sheet, Special
Terms and Conditions, General Terms and Conditions, Statement of Work, and Budget govem ,the rights and obligations of
both parties to this contract:
In the event of an inconsistency in this contract, unfess otherwise provided •herein, the inconsistency shall be resolved by
giving precedence in the following order.
(a) Applicable Federal and State Statubes and Regulatlons
(b) Special Terms and Condlttons
(c) Statement of Work, Exhibit B
(d) Budget, Exhibit C
(e) General Terms and Conditions, Exhibit A, and if attached,
(fl any other provisions of the contract incorporated b'y 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 shalF be deemed to exist.o"r to bind any of the parties hereto.
WHEREAS, the parties hereto have executed this contract on the day and year last specified below.
FOR THE OMMISSION: FOR THE CONTRACTOR:
Signature Date ignatur D e
Wlliam C. Basl, Executive Director , James J. Buck, County Administrative Officer
for For.
Washington Commission for National and Community Service King County Department of Executive Senrices
,
Form 10/27/00 kdb
FEMA-HSGP-FFY 08 Page 1 of 17 King County
Page 19 of 35 '
EXHIBIT D: STATE CONTRACT
SPECIAL TERMS AND CONDITIONS
ARTICLE 1- COMPENSATION SCHEDULE:
This is a reimbursemenf contracf. Within the total contract amourrt, 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 otherwise 'provided `in this contract. Any travel or subsistence reimbursement
allowed under the contract shaU be paid in accordance with rates set pursuant to RCW 43A3.050 and RCW
43.03.060 as now existing or amended and in agreement with federaf rates. Receipts and/or backup
documentation for any approved budget line items including travel related expenses that are authorized under
this contract musf be maintained by the Contractor and be made available upon request by the Commission.
The Contractor may make changestothe 6udget, without aformal amendment to the Contract and without
securing the: prior approval of the.Commission, under the following conditions.
' a. The revisions must not result in the need for additional funding.
b. Such changes must not alter the scope of the contract's work statement and must not be prohibited by
applicable federal or state statutes or regulations.
c. Changes to the budget category 'Management and Administration (M&A) are not allowable and will not
be reimbursed beyond the budgeted amount.
d. Cumulative changes to budget categories less than 10% of the contract award are allowable. Such
changes may be between budget categories and must not alter the total amount of money awarded
under the contract. Cumulative changes to budget categories in excess of 10% of the contract award .
will not be reimbursed without an executed amendment to the confract.
ARTICLE II - REPORTS:
In addition to the reports as may be required elsewhere in this contract, the Contractor shall prepare and
submit the follawing reports to the Commission's Key Personnel:
Financial #/Coqies Due Date
Invoices 1 Within 30 days after the end of the period
(including Final) in which the wortc was performed as
specified in Exhibit B
Invoices must be submitted no more often than monthly, but at least.quarterly: Failure to submit invoices in a
timely manner will cause the Commission to hold all requests for equipment approval until invoices are
submitted. Final Invoice sha11 not exceed overall contract amount.
Technical #/Conies ' Due Date
Bi-Annual Strategy Implementation Report Electronic January 15th.8 July 15"' of each year
of the contract performance period
Bi-Annual Progress Report Electronic January 15th & July 15th of each year
of the contract pertotmance period
Close Out Report Electronic Due by contract end date "
NIMS Compliance Progress Reports Electronic September 30'' of each year
ofthe contract performance period .
Failure to meet all of the reporting and invoicing deadlines will prohibit the Contractor irom being reimbursed
and will prevent vetting of eguipment requests while contract tequifements are outstanding.
. All contract work must end on the Service End Date, February28, 2010. The Contractor must submit all
reports and def"roerables on or before the Gontract End Date, April 15, 2010.
ARTICLE III - KEY PERSONNEL:
The individuals listed below shall be eonsidered key personnel. Any substitution must be' made by written
notification to the Commission.
CONTRACTOR: COMMISSION:
Robin Friedman, Director Denise Mack, Program Coordinator -
FEMA-HSGP-FFY OS Page 2 of 17 King County
Page 20 of 35 . '
EXHIBIT D: STATE CONTRACT
ARTICLE IV ADMINISTRATIVE REQUIREMENTS:
The Contractor sha.ll comply with a!I financial and procurement guidance, including competifive processes.and
other procurement requiremenfs, to include but `not limited to: Office of Management and Budget (OMB)
Circulars, A-87 (Cost 'Principles for State, local and Indian Tribal Govemments), A-102 (Grants, and
Cooperative Agreements with State and Local Govemmenfs), A7122 (Cost Principles for Non-Profit
Organizations), A-133 (Audits of States, Local Govemments, and Non-Profit Organizations), The Federal
Emergency Managemerrt Agency's codified regulafions; 44 Code, of Federal Regulations (CFR), and the U.S.
Department of Homeland Security's Financial Manayement_ Guide. Local and sfate procurement and
contracting regulations taKe precedence over these requirements when local and state reg.ulations are more
sfringent. .
ARTICLE V- ADDITIONAL SPECIAL CONDITIONS AND MOD.IFICATION TO GENERAL CONDITIONS:
9. Funds are provided by.the Federal Emergency Management,Agency solely for the purpose of enhancing the capability of state and locaf units of govemment to prepare far; prevent, deter, respond to, and recover
from catastrophic incidents resuffing from man-made and natural events. The Contractor shall use the
funds to perFoRn tasks as described in the Statement of Work and Budget portions of this contract.
2. Grant funds may not be used to.replace or supplant existing funding.
3. The Contractor wi(I provide a match of $O:of non-federal origin. 4. The Contractor acknowledges that since this contract involves federal funding, the period of perFormance
described herein will likely beg"rn prior to the availability of appropriated federal funds. The Contractor
agrees fhat it will not hold the Commission, the Department, the State of Washington, or the United States
liable for any damages, claim for reimbursement, or any type of paymenf wFiatsoever for services
performed under this contract prior to distribution of appropriated federal funds.
5. The. Contractor agrees that it will not hold the Commission, the Department, the State of Washington, or
the United States liable for any damages, claim for reimbursement or any type of payment if federal funds
are not appropriated or are not appropriated in a particular amount.
6. The Contractor agrees that to receive any federal preparedness funding, all National Incident
Management System (NIMS) comptiance requirements outfined in applicable grant guidance must be met.
ARTICLE VI - PROCUREMENT 8 FINANCIAL MANAGEMENfi -
1. All sole source contracts over $100,000 must be reviewed and approved by the Commission prior to
execution of a contract. This requirement must be passed on to all of the Contractor's subcontractors, at
which point rthe Contractor will be responsible for reviewing and approving their subcontractors' sole
source justifications.
2. All contracts with individual consultants that are not competitively bid, and where the consultant will be
charging an excess of $450 per day (excluding traVel and subsistence) must be approved by the
Commission before the contract is executed. This requirement must 6e passed on to all of the
Contractor's subconVactors, at which point the Contractor will be responsible for reviewing and approving
their subcontractors' contract.
3. No costs will be reimbursed until the items have been received by the Contractor and invoiced by the
vendor.
4. Each A-19 will be accompanied by a spreadsheet detailing the expenditures. Related financial documents
and invoices musf be kept on file by the Contractor and be made available upon request. to the
Commission, and local, state, ar federal' auditors.
5. Reguests for reimbursement of equipment purchases will include a copy of the vendor's invoice. and
packinq slia or a statement signed and dated byfhe Contractoi's authorized representafive that states "all
items invoiced have been received in good working order; are operational, and have been inventoried
according to contract and loca( procurement requirements°.
6. No travel or subsistence costs, inclutling lodging and meals, reim6ursed with federal funds may exceed
federal maximum rates which can be found.at.hftp://www.gsa.ciov..
ARTICLE VII - EQUIPMENT MANAGEMENT:
FEMA-HSGP-FFY 08 Page 3 of 17 King County
Page 21 of 35 '
EXHIBIT D: STATE CONTRACT
1. The Contractor or a Subcontractor shall submit all proposed equipment purchases to the Committee on
Homeland Security, Subcommittee on Equipmenf to ensure that the requested equipment is on tFie
Authorized Equipmen# List, is aligned with the stafewide equipment purcFiasing strategy, and meets all
statewide interoperability and standardization requirements. No' reimbursement for equipment costs will
occur until the appropriate approvals Fiave been obtained.
2. The Contractor or Subcontractor shall.ensure full compliance wifh FEMA's Environmental and Historic
Preservation (EHP) Program requirements as outlined in the applicable grant guidance
3. All equipment purchased under this contract, by the Contractor or a subcontractor, wiU be recorded and
maintained in the Cantractor's equipment inventflry system, unless specific de-obligated funds are
contracted directly between a county, or other entity, and the Stafe; in which case the contracted county
maintains the equipment.records.
4. Upon successful completion of the terms of this cantraet, 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 responsibte for any and all operation
and maintenance expenses and for the safe.operation ofitheir equipment including all questions of liability.
6. The Contractor shall maintain equipment records that include: a description of the equipment; the
manufacturer's senal number, mqdel number, or other identification number; the source of the equipment,
including the Catalogue of Federal Domestic Assistance (CFDA) number, who holds fitle; the acquisition
date; the cost of the eguipment and the percentage of Federal participation in the cost; the location, use
and condition of fhe equipment af the date the information was reported; and disposition data including the
date of disposal and sale price of the equipment.
7. Records for equipment shall be retained by the Contractor for a period of six years from the date of the
disposition, replaeement or transfer. Ifiany litigation, claim, or audit is started before the expiration of the
six year period, the recortls shall be retained by the Contractoc until alt lifigations, claims, or audit findings
involving the records havebeen resolved.
8. For the purpose of inventory and :disposal of equipment purchased under this contract the 44 CFR Sectian
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. acquisi#ion cost of $5,000 or more per unit.
Th.is definition will be used for equipment purchased with coMract funds, unless local or state regulations
are more restrictive.
9. The Contractor shall take a physical inventory of the equipment and reconcile the results with the
equipment recoMs at leasf once every two years. Any differences between quantities determined by the
physical inspection and those shown in the records shall be investigated by the Contractor to determine
the cause of the difference. The Confractor shall, in connection with the inventory, verify the existence,
current utilization, and continued need forthe equipment.
10. The Contractor shall develop a control sysfem to ensure adequate safeguards to prevent loss, darnage,
unauthorized use and theft of equipment, to include small and attractive items. Any loss, damage or theft
shall be invesfigated and a report generated.
11. The Contractor will develop adequate maintenance procedures to keep the equipment in good condition.
12. If the Contractor is authorized or required ' to sell the, ecjuipment, proper sales procedures must be
established to ensure the highest possi6le return.
13. When original or replacement equipment is no longer needed for the original project or program or for other
activities currently or previously supported by a Federal agency, disposition of the equipment will be made
as follows:
a. Items of equipment with a current per-unit fair market value of less than $5,000 may be retained, sold
or otherwise disposed of by the Contractor witFi no further obligation to the awarding agency.
b. Items of equipment with a current per-unit fair markef value of more than $5,000 may be retained or
. sold and the Contractor shall compensate the Federal-sponsoring agency for its share.
FEMA-HSGP-FFY 08 Page 4 of 17 King County `
Page 22 of 35
EXHIBIT D: STATE CONTRACT
14.As subgrantees of federal funds, the Contractormust pass on equipment management requirements that
meet or exceed the requirements outlined above for all subcontractors, consultants, and subgrantees who
receive pass-through funding from this contract.
ARTICLE VIII - SUBRECIPIENT MONITORING
The Commission will monitor the`activities and equipment acquisition of the Contractor from award to closeout
and for the life of equipment purchased under tHis contract: The goal of the Commission's monitoring activities
will be to ensure that agencies receiving federal pass-through funds are in compliance with federal and stafe
audit requirements, federal grant guidance, and applicable federal and state financial regulations.
Monitoring activities may include:
• review of pertormance reports and documentation of contract deliverables completion;
~ documentation of phone calls, meetings, e-mails and coRespondence;
• review of reimbursement requests to ensure allawability and consistency with contract budget and
contract deliyerables;
• obsenration and documentation.of contract relafed activities, 'such as planning, exercises; training,
funded events and equipment demonstrations;
• on-s_ite visits to review equipment records and inventories, to verify source. documentation for
reimbursement requests and performance reports, andto verify completion of deliverables.
As a subgrantee of federal funds, the Gontractor is required to: meet orexceed the monitoring activities, as
outlined above, for all subcontractors, consultants, and subgtantees who receive pass-through funding from this contract. .
FEMA-HSGP-FFY 08 , Page 5 of 17 King County
,
Page 23 of 35 .
EXHIBIT D: STATE CONTRACT
Exhibit A
. , Subrecipient
GENERAL TERMS AND CONDITIONS
1: DEFINITIONS
As used throughout this confract, the foliowing terms shall have the meaning set forth below:
, a. "DepartmenY' shall mean the Washington Milita.ry Department, as a state agency, any divisian, !
section, office, unif; or other enfity of the Department, or any of the officers or other officials
lawfully representing that Department. .
b. °Commission" shall mean the Washington Commission foc National ancJ Community Service.
c. "Contractor" shall mean that firm, ocganization, group, individual, or other entity, performing .
services under this contract, and shall include all employees of the Contractoc . It shatl include
any subcontractor retained by the prime Contractor as permitted under the terms of this
aontract. "Contractor"'shall be further defined as one or the other of the following and so
indicated on face sheet of the contract.
1) "Subrecipienf shall mean a contractor, that operates a federal or state assistance
program for which it receives federal funds and which has the authority to determine
both the services rendered and disposition of program funds.
2) "Vendor" shall mean a contractor that agrees to provide the amount and kind of service
or activity requested by the Commission and that agrees to provide goods or senrices to
be utilized 6y the Commission.
d. "Subcontracbor" shall mean one, not in the employment. of the Contractor, who is performing all
or part of those services under this contract under a separate contract with the Contractor. The
terms "subcontractor" and "subcantractors". mean subcontractor(s) in any tier.
e. "RecipienY'- a nonfederal entity that expends federal awards received directly from a federal
awarding agency to carry out a federal program.
f.. "Pass-Through Entity° means the Washington State Military Departmenf as it is applied to this
contract. As founcl in SAAM 50:30.30 -°A nonfederal entity that provides a federal award to a
subrecipient to carry out a federal program." .
g. "Nonfederal Entity" is defined as a state local govemment or nonprofit organization (as defined
in federal Circular A-133).
h. "Cognizant Stabe Agency" shall mean a state agency that has assumed the responsibility of
implementing single audit requirements and coordinating audit follow-up for a' particular grantee
by virtue of providing the majority of federal assistance. If funds are_received from more than
one state agency, the cognizant state agency sha(I b.e the agency who contributes the largest
portion -of federaf financial assistance to the subrecipient unless the designation has been
reassigned to a different state agency by mutual agreement.
i. "Federal Financial' Assistance° - Assistance that nonfederal entities receive or administer in
the focm of grants, ioans, ioan guarantees; praperly (including donated surplus property),
cooperative agreements, interest subsidies, insurance, food commodities, direct appropriations
or other assistance. It does not include amounts received for provision of vendor seryices to
federal agencies or reim6ursement for senrices rendered directly fo individuats.
j. "Grant" - For the purposes herein, the term "grant" may be used to mean "contracts" or "grantsp
or "agreements".
k. "CFDA Number" - The five-digit number assigned to a federal assistance 'program in the
federal Catalog of Federal Domestic Assistance (CFDA) or, in the absence of a catalog defined
number; the number deflned by instructions from the federal audit clearinghouse.
1. "CFR" - Code of Federal Regulations
M. "OMB" - Office of Management and Budget
n. "RCW" - Revised Code oflNash'ington
o "WAC" - Washington Administrative Code.
FEMA-HSGP-FFY OS Page 6 of 17 King County
Page 24 of 35
EXHIBIT D: STATE CONTRACT
2. ' SUBRECIPIENT MONITORING
a. The Commission, as a Recipient and/or Rass-Through Entity, receives federal financial
assistance under federal programs and is charged with maintaining compliance with federal and state laws and regulations regarding the monitoring, documentation, and monitoring of
subrecipient grant activities using federal financial assistance. Managemenf and
implementation guidefines for the federal prograrrs ensure compliance with sfatutes, grant
guidelines, the sub-award agreement, Office of Management and Budget (OMB) circulars
(including OMB Circular A-133), subrecipient audits, and other guidance found in the Federal
Register.
• b. The Contractor shall pertorm under the terms of the contract and the Commission has
responsibility for reasonable and necessary monitoring of the ContractoPs performance. The
Commission shall conduct contract monitoring activities on a regular basis. Monitoring is
defined. as any planned, ongoing; or periodic activity that measures and reasonable assurance
of confractor compliance with the terms, conditions, and requirements of a contract.
Monitoring . involves prudent collection of information about Contractor operations and is not
limited to site visits or the completion of formal reviews. Monitoring may include periodic
contractor reporting to the Commission, Commission review of audit reports, invoice reviews,
onsite reviews and observations, and surveys. Adequate documentation is essential for
effective contract monitoring and will include copies of letters, meeting notes, and records of
phone conversations as,evidence that conscientious monitoring has occurred during the period
of the contract. Subrecipient monitoring will occur throughout the year rather than relying solely
on a once-ayear audit. The Contractor agrees to cooperate with all monitoring acfivities and to
comply with reporting requirements.
The Commission as the Re.cipient and/or Pass-Through Entity will conduct on-site visits as
appropriate and required by contract far "for-profd" subrecipients, since the A-133 Single
Audit does not apply to "for-profit° organizations.
3. RECORDS, MONITORING AND AUDIT ACCESS
a. The Contractor shall cooperate with and fully participate in all monitoring or evaluation activities
that are pefinentto this confract.
b. Access to public records-The Contractor acknowledges that the Commission is subject to the
Public Records Act, Chapter 42.56 RCW, and that records prepared, owned, used or retained
by the Commission relating to the conduct of govemment or the pertormance of any
govemmental or proprietary function are available for public inspection and copying, except as
exempt under RCW 42.56 or other statute which exempts or prohibits disclosure of specific
information or records.
c. The Contractor shall maintain all books, records, documents, data, and other evidence relating
to this contract and the provision of any materials, supplies, services and/or equipment under
this contract herein, including, but not limited to,.records of accounting procedures and practices
that sufficiently and properly reflect all direct.and intlirect costs of any nature expended in the
perFormance of this contract. At no additional cost, these records, including materials generated
under the contract, shalF be subject at all reasonable fimes .to inspection, review and audif by
personnel duly authorized by the Commission, the Department, the Washington State AudRor's
Office, and federal officials so authorized by law, rule, regulation, or contract. The Contractor
. will retain all books, records, documents, and other materials relevant to this contract and make
them available for inspection, review or audit for six (6) years from the end date of this,contract, date of final payment or conclusion of senrices Pertormed under this contractor, whichever is
later. If any litigation, claim or audit is started 6efore the expiration of the. six (6) year period, the
records shall be retained until final resolution of all litigation, claims, or audif findings involving
the records.
FEMA-HSGP-FFY 08 Page 7 of 17 King County
Page 25 of 35
EXHIBIT D: STATE CONTRACT
d. Corrtractor shall provide right of access to its facilities and records to the Commission and any
ofher author¢ed agent or official of the state of Washington or the federal govemment, at all
reasonable times, in order to monitor and evaluate performance, compliance, and/or quality
assurance under this contract.
4. SINGLE AUDIT ACT REQUIREMENTS (INCLUDING ALL AMENDMENTS)
Non-federal entities as subrecipients that expend $500,000 or more in one fiscal year of federal funds
from aN sources, direct and indirect, are required to have a single or a program-specfic audit conducted
irr accordance with the Office of Management and Budget (OMB) Circular A-133-Audits of States, Local
Govemments, and Non-Profit Organizations (revised June 27, 2003, effectiVe for fiscal years ending
after December 31, 2003). Non-federal entities that spend less than $500,000 a year in federal awards
are exempt from federal audit requirements for that year, except as noted in Circular No. A-133.
Circular A-133 is available on the OMB Home Page af httq:/Jwww.omb.qov and then select "Grants
Managementu 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 Auditing Standards (the Revised
Yellow Book) developed by the Comptroller General and the OMB Compliance Supplement. The
Contractor has the responsibility of notifying the Washington State Auditors Office and requesting an
audit. Gosts of the audit may be an allowable grant expenditure.
The Contractor shall maintain auditable records and accounts so as to facilitate the audit requiremerit
and shall ensure that any subcontractors also maintain auditable records.
The Contractor is responsible for any audit exceptions incurred by its own organization or that of its
subcontractors. Responses to any unresolved management findings and disallowed or questioned
costs shall be included with the audit report. The Contractor must respond to Commission requests for
information or corrective action conceming audit issues or findings within 30 days of the date of
request. The Commission reserves the right to recover from the Contractor all disallowed costs
resulting from the audit.
Once the single audit has been completed, the Corrtractor must send a full copy of the audit to the
Commission and a letter stafing #here were no findings, or if there were findings, the letter should
provide a list of the findings. The Contractor must send the audit and the letter no later than nine (9)
months after the end ofthe Contractor's fiscal year(s) to: .
Washington Commission for National and Community Service
Attn: Citizen Corps Program Coordinator
PO Box 43113
Olympia, WA 985043113
In addition to sending a copy of the audit, the Contractor must include a corrective action plan for any
. audit findings and a copy of the management letter if one was received.
The Contractor shall include the above audit requirements in any subcontracts.
5. RECAPTURE PROVISIONS '
In the event that the Contractor, fails to expend funds under fhis contract in accordance with applicable
state and federal laws and/or the provisions of this contract, the Commission reserves the right to
recapture funds in an amount equivalerrt #o the extent of the noncompliance in addition to any other
remedies available at law or in equity.
Such right of recapture shall exist for'a period not to exceed six (6) years following contract termination
or audit resolution, whichever is later. Repayment by the Contractor of funds under this recapture
provision shall occur within 30 days of demand. The Commission is required to institute legal
proceedings to enforce the recapture provision.
6. COAAPLIANCE WITH APPLICABLE LAW ~
The Contractor and all subcontractors shall comply with all applicable federal, state, tribal govemment,
and local laws, regulations, and, policies. FEMA-HSGP-FFY OS Page 8 of 17 King County
Page 26 of 35
EXHIBIT D: STATE CONTRACT
This obligation includes, but is n.ot 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 42.66); Drug-
' Free Workplace Act of 1988 (41 U.S.C. § 701 et seq. and 15 G.F.R. Part 29); Lobbying Restrictions (31
U.S.C. § 1352 and 15 C.F.R: Part 28); and safety and health regulations. The Commission is not
responsible for advising the Contractor about, or determining the Contraetor's compliance with,
applicable laws, regulations and policies.
In the- event of the Confractor's or a subcontractor's noncompliance or refusal to comply with any
applicable law, regulation or policy, the Commission may;rescind; cancel, or ferminate the contract in
whqle or in part: The Contractor is responsible for any and all costs or liability arising from the
Contractor's failure to comply with applicable Iaw, regulation or policy.
7. NONDISCRtMINATION
' During the performance of this contract, the Contractor shall comply with a[I federal -and state
nondiscrimination statutes and regulafions. These requirements include, but are not limited to:
a. Nondiscrimination in Employment: The Contractor shall not discriminate against any employee
or applicant for employment because of race, color, sex, sexual orientation, religion, natianal
origin, creed, marital status, age, Vietnam era or disabled veterans status, or the presence of
any sensory, mental, or physical handicap. Such action shall include, but not be limited to, the
following: Employment, upgrading, demotion;. or transfer, recruitment or recnaitment setectibn
for training, including apprenticeships and volunteers. This requirement does not apply,
however, to a religiaus corporation, association, educationaP institution or society with respect to
the employment of individuals of a particular religion to perform work connected with the
carrying on by sucfi corporation, association, educational institution ar society of its acfivfies_
b. Nondiscrimination laws anif policies (such as RCW 49.60, Washington's Law Against
Discrimination, and Title Vll of the Civil Rights Act).
8. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990? PUBLIC LAW 101-338, 42 U.S.C. § 12101
et seq. and 28 C.F:R Part :35 and other implementing regulations. The Contractor must comply with the
ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of
employment, public accammodations, state and local govemment services, and telecommunication.
9. UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES (MWBE)
The ConVactor is encouraged to utilize firms that are certified by the Washington State Offce of
Minority and Wormen's Business Enterprises as minority-owned and/or women-owned in carrying out
the purposes of this contract.
10. PUBLICITY
The Contractor agrees to submit to the Commission all advertising and pubticity relating to this contract
wherein the Commission's name is mentioned or language used from which the connection of the
Commission's name may, in the Commission's judgment, be inferred or implied. The Cantractor
agrees not to publish or use such advertising and publicity without the prior written consent of the
Commission.
11. DISCLOSURE
The use or disclosure by any party.ofany information coneeming the Commission for any purpose not
directly connected with the administi&ation of the Gommission's or the Contractor's responsibilities with
respect to services provided under this contract is prohibited except by prior written consent of the
Commission.
12. CERTIFICATION REGARDING DEBARMENT SUSPENSION OR INELIGIBILITY
If federal funds are the basis for this confract, the Confractor, certifies that neitherthe Conti-actor nor its
principals are presently debaRed, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from partieipating in this contract by any federal department or agency. If
requested by the Commission; the Contractor sha.ll complete and sign a Gertification Regarding
Debarment, Suspension, Ineligi6ility; and' Voluntary Exclusion form. Any such form completed by the
Contractor for this Contract shall, be incorporated into this Cbntracf by reference:
FEMA-HSGP-FFY 08 Page 9 of 17 King County
Page 27 of.35
EXHIBIT D: STATE CONTRACT
Further, the Contractor agrees not to enter into any arrangements or contracts related to this grant wifh
any party #hat - is on the "General Service Adminisfration Lisf ofi Parties Excluded from Federal
Procurement or Non-procurement Programs°whicii can be found af www.epls.caov.
13. LIMITATION OF AUTHORITY -"Authorized Signature"
The signatories to this contract represent that they have the authority to bind their respective
. organizations to this contract. Only the assigned Authorized Signafure for each party, or the assigned
delegate. by writing prior to action, shall have the express, implied, or apparent authority to alter,
amend, modify, or waive any clause or condition of this contract. Furthermore, any alteration, .
amendment, modification, or waiver of any clause or condition of this contract is not effective or binding
unless made, in writing and signed by the Authorized Signature(s).
14. CONTRACTOR NOT EMPLOYEE - INDEPENDENT STATUS OF CONTRACTOR
The parties intend thaf an independent contractor relationsliip will be created by this contract. The
Gontractor and/or employees or agents perforrning under this contract are not employees or agents of
the Gommission in any manner whatsaever, and will not be presented as nor claim to be officers or
employees of the Commission, the Department or of the State of Washington by reason hereof, nor will
the Contractor and/or employees or agents performing under this contract make any claim, demand, or
application to or.for any right, privilege or benefit applicable to an officer or employee of the
Commission, the Departmerrt or of the State of Washington, including, but not limited to, Worker's
Compensation coverage, unemployment insurance benefits, social security benefts, retirement membership or credit, or privilege, or benefit which would accrue to a civil service employee under
Chapter 41.06 RCW.
It is understood that if the Contractor is another state department, state agency, state university, state
college, state community college, state board, or state commission, that the officers and employees are
employed by the state of Washington in their own right.
If the Contractor is an individual currently employed by a Washington State agency, the Commission
shall obtain proper approval from the employing agency or institution. A statement af "no conflict of
interest" shall be submitted to the Commission.
15. NONASSIGNABILITY
This contract, the work to be. provided under this contract, and any claim arising thereunder, are not
assignable or delegable by either party in whole or in part, without the express prior written consent of
the other party, which consent shall not be unreasonably withheld.
16. SUBCONTRACTING
Neither the Contractor nor any subcontractor shall enter into subcontracts for any of the work
contemplated under this contract without obtaining prior written approval of the Commission.
Contractor shatl use a competitive process in award of any contracts with subcontractors that are
entered into after original contract award. All subcontracts entered into pursuant to this contract sha11
incorporate this contract in full by reference. In no event shall the existence of the subcontract operate
to release or reduce the liability of the Contractor to the Commission for any breach in the performance
of the Contractor's duties. The Commission may request a copy of any and/or all subcontracts for work
being completed under this contract. .
17. CONTRACT MODIFICATIONS
The Commission and the Gontractor may, from time to time, request changes to the contract or grant.
Any such changes that are mutually agreed upon by the Commission and the Contractor shall be
incorporated herein by written amendment to this contract. It is mutually agreed and understood that
no alteration or variation of the terms of this contract shall be valid unless made in writing and signed by
the parties hereto, and that any oral understanding or,agreements not incorporated herein, unless
made in writing and signed by the parties hereto, shall not be binding.
18: SEVERABILITY
In the event any term or condition of this contract, any provision of any document incorporated by
reference, or application of this contract 3o any person or circumstances is held invalid, such invalidity
shall not affect other terms, conditions, or applications of this contract which can be g'iven effect without FEMA-HSGP-FFY 08 Page 10 of 17 King County
Page 28 of 35
EXHIBIT D: STATE CONTRACT
#he invalid term, condition, or application. To this end, the terms and conditions of this contract are
declared severable.
`
19. ADVANCE PAYMENTS PROHIBITED
The Commission shall make no payments in advance or in anticipation of goods or services to be
provided under this contract. Contractor shall not invoice the Commission in advance of delivery of such
goods or services.
20: TAXES, FEE$ AND LICENSES.
Unless otherwise provided in this contract, the Contractor shall pay for and maintain in current status all
taxes, unemployment contributions, fees, licenses, assessments, permit charges and expenses of any
other kind for the Contractor or its staff required by sfatute or regulation that are necessary for contract
pertormance_ 21. TRAVEL AND SUBSISTENCE REIMBURSEMENT
Unless the contract specifically provides for different rates, any travel or subsistence reimbursement .
allowed under the contract shall be paid in accordance with federal or state per diem rates, or General
Service Administration, whichever is of ieast cost, pursuant to RCW 43.03.050 and RCW 43.03.060 as
" now existing or amended. The Contractor may be required to provide to the Commission copies of
receipts for any travel related expenses other than meals and mileage (example: parking lots that do
not provide receipts) that are author¢ed underthis contract. 22. GOVERNING LAW AND VENUE
This corrtract shall be constn.ied and enforced in accordance with, and the validify and performance
, hereof shall be govemed by, the laws of the state of Washingfon. Venue of any suit befinreen the
parties arising out of this contract shall be the Superior Court of Thurston County, Washington.
23. HOLD HARAALESS AND INDEMNIFICATION
Each party to this contract shalP be responsible for injury to persons or damage to property resulting
from negligence on the part of itself, its employees, agents, officers, or subcontractors. Neither party
assumes any responsibility to'the other party for the consequences of any act or omission of any third
PartY•
24. WAIVER OF DEFAULT
Waiver of any default or breach shall not be deemed to be a waiver of any'other or subsequent default
or breach. Any waiver shall not be construed to be a modificafion of the terms of this contract unless
stated to be such in writing signed by the Commission and attached to the original contract.
25. DISPUTES
The parties shall rnake every effort to resolve disputes arising out of or relating to this contract through
discussion and negotiation. Should discussion and negotiation fail to resolve a dispute arising under
this contract, the parties shall select a dispute resolution team to resolve the dispute. The team shall
consist of a representative appointed 6y each party and.a third representative mutually agreed upon by
both parties. The team shall attempt, by majority vote, to resolve the dispute.
Botfi parties agree that this disputes process shall precede any action in a judicial or quasi-judicial
tribunaL Nothing in this section shall preclude the parties from mutually agreeing to a different dispute
resolution method in lieu of the procedure outlined above.
26. ATTORNEY'S FEES In the event of litigation or other action brought to enforce contract teRns, or altemative dispute
resolution process, each party agrees to bear its own attomey's fees and costs.
27. LOSS OR REDUCTION OF FUNDING
In the event funding from state, federal, or other sources is withcJrawn, reduced, or limited in any way
after the effective date of this contract and prior to normal completion, the Commission may reduce, ifs
scope of work and budget or unilaterally terminate all or partof the confract as a"Termination for ,
Cause", without providing the Contractor an opportunify to cure. Altematively, the parfies may
renegotiate the terms of this contract under "Contract Modifications" to comply with new #unding
limitations and conditions, although the Commission has no obligation to do so.
FEMA-HSGP-FFY 08 Page 11 of 17 King County
Page 29 of 35
EXHIBIT D: STATE CONTRACT
28. TERMINATION OR SUSPENSION FOR CAUSE
In the event the Commission,,in its sole discretion, determines the Contractor has failed to fulfill in a
timely and proper manner its obligations under this contract, is in an unsound financial condition so as
to endanger performance hereunder, is in violation of any laws or regulations that render the Contractor
unable to perform any aspect of_the contract, or has violated' any of the covenants, agreements or
stipulations of this contract, the Commission has the right to immediately suspend or terminate this
contract in whote or in. part. ,
The Commission may notify the Contractor in writing of the need to take corrective action and provide a
period of time in whicH to cure. The Commission is not required to allow the Contractar an opportunity
to cure if it is not feasible as determined solely within the Commission's discretion. Any time allowed
for cure shall not diminish or eliminate the Contractor's liability for damages or otherwise affect any
other remedies available to the: Commission. If the Commission allows the Contractor an opportunity to
cure, the Commission shall notify the Contractor in writing of the need to take corrective action. If the .
corrective action is not taken within ten (10) calendar days or as otherwise specified by the
Commission, or if such corrective action is deemed by the Commission to be insufficient, the contract
may be terminated in whole or in part: .
The Commission reserves the right.to suspend all or part ofifhe contract, withhold further payments, or
profiibit the Contractor from incurring additional obligations of funds during investigation of the alleged
compliance breach, pending corrective action by the Contractor, if allowed, or pending a decision 6y the
Commission to terminate the contract in whole or in part.
In the event of terminafion, the Contractor shall be liable for all damages as authorized by law, including
but not limited to, any cost difference befinreen the original contract and the replacement or cover
contracf and all administraUve costs directly related to fhe replacement contract, e.g., cost of
administering the competitive solicitation process, mailing, advertising and other associated sfaff time..
The rights and remedies of the Commission provided for in this section shall not be exclusive and are in
addition to any ofher rights and remedies provided by law:
If it is determined that the Contractor. (1) was not in defaulf or material breach, or (2) failure to perfoRn -
was outside of fhe 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`fhis contract, the Contractor may terminate this contract by providing
written notice of such termination to the Commission's Key Personnel identified in the contract,
specifying the effective date thereof, at least thirty (30) days prior to such date.
Except as otherwise provided in this contract, the Commission, in its sole discretion and in the best
interests of the Sfate of Washingtqn, may terminate this contract in whole or in part by providing ten
(10) calendar days written notice, beginning on the second day after mailing to the Contractor. Upon
notice of termination for convenience, the Cammissio.n resenres the right:to suspend all or part of the
contract, withhold further payments, or prohibit the Contractor from incurring additional obligations of
funds. In the event of termination, the Contractor shatl be liable for atl damages as authorized by law..
The rights and remedies of the Commission provided fot in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law.
30. TERMINATION PROCEDURES
In addition to the procedures set forth below, if the Commission terminates this contract, the Contractor
shall follow any pracedures specified in the teRnination notice: Upon termination of this contract and in
addition to any other rights provided in this contracf, fhe Commission may require the Contractor to
deliver to the Commission any property specifically produced or acquired for the performance of such
pa►t of this contract as has been terminated.
FEMA-HSGP-FFY 08 Page 12 of 17 King County
Page 30 of 35
EXHIBIT D: STATE CONTRACT If the termination is for convenience, the Commission shall pay to the Contractor the agreed upon price,
if separately stated, for properly authorized and - compieted work and services rendered or goods
delivered.to and accepted by the Gommission prior to the effective date of contract termination, and the
amount agreed upon by the Contractor and the Commission for (i) completed work and services and/or
equipment of supplies provided for which no separate price is stated, (ii) partially completed work and
services and/or eguipment or supplies provided which are accepfed by the Commission, (iii) other work,
serVices and/or equipment or supplies which are accepted by the Commission, and (iv) fhe protection
and preservation of property.
Failure to agree with such amounts shall be a dispute within the meaning of the "Disputes" clause of
this contract. If the termination is for cause, the Commision shall defermine the extent of the liability of
the Commission. The Commission shall have no other obligation to the Contractor for termination. The
Commission may witHhold from any amounts due the Confractor such sum as the Commission
deterrnines to be necessary to protect the Commission against potential loss or liability.
' The rights and remedies of the Cammission provided in this cantract shall not be exclusive and are in
addfion to any other rights and remedies provided by law.
After receipt of a notice of termination, and except as btherwise directed by the Commission in writing,
fhe Contractor shall:
a. Stop work under the contract on the date, and to the:extent specified, in the notice;
6. Place no further orders or subcontracts for materials, services, supplies, equipment ;and/or
facilities in relation to this cohtract except as may'be necessary for completion of such portion of
the work under the contract as is not terminated;
c. Assign to the Commission, in the manner, at the times, and to the extent directed by the
Commission, all of the rights, title, and 'interest of the, Contractor uncler the orders and
subcontracts so terminated, in which case the Commission has the right, at its discretion, to
settle or pay any or all claims arising out of the termination of such orders and subcontracts;
d. Settle all outstanding liabilfies and all claims arising out of such termination of orders and
, subcontracts, with the approval or ratification of the Commis"sion to the extent the Commission
may require, which approval orratfication shall be final for all the purposes of this clause;
e. Transfer title to the Commission and deliver in the manner, at the times, and to the extent
directed by the Commission any property which; if the contract had been completed, would have
been required to be furnished to the Commission;
~ f. Complete performance of such part of the work as shall not have been terminated by the
Commission in compliance with all contractual requirements; and g: Take such action as may be necessary, or as;the Co.mmission may require, for the protection
and preservation of the property related to this contract which is in the possession of the
Contractor and in which the Commission has ormay acquire an interest.
AAG Approved 9112/2007
FEMA-HSGP-FFY 08 Page 13 of 17 King County
Page 31 of 35
EXHIBITD: STATE CONTRACT
Exhibit B
St _ atement of Work .
~ FFY 2008 $tate Homeland Security Program
INTRODUCTION: The FFY08 Citizen Corps Program (CCP) funds are provided to support Citizen
Corps Councils with efforts to engage citizens in all-hazards prevention, protection, response, and
recovery. These efforts include planning and evaluation, public education and emergency
communications, training, exercises; volunteer programs and activities to support emergency
responders, surge capacity roles and responsibilities, and providing proper equipment to citizen
volunteers.
King County (herein known as the Contractor) agrees to the following tasks:
GENERAL PROGRAM REQU(REMENTS:
, 1. Work closely with the established Regional Homeland Security CounciF to develop a strategy and
subsequent 6udget foc the use of tNese funds. The implementaUon of the projecis or activities associated
with these funds will be coordinated with the counties, cfies, and the tribal govemments located within the
established region.
2. Activities under this corrtract must have a clear correlation to the goals, objectives, and priorities identified
in the Washington State Strategic Plan and corresponding 'Investment Justificafions submitted in the
FFY08 grant application. ,
3. Plan and implement equipment purchases, exercises, training, planning and management & administration
activities in accordance with the FFY08 Momeland Security Grant Program Guidance; which can be found
at http:/lwww:fema.QOVlqovemmenUaranUhsapfindex.shtm, as well as all subsequent policy changes. 4. Ensure that aU subcontractors and subgrantees are in compliance with the FFY08 Homeland Security
Grant Program Guidance through monitoring of expenditures-and periodic reviews of activities.
5. Submit a Bi-Annual Strategy Implementation Report (BSIR), via the web-based Grant Reporting Tool at
https://www.reportinp.oda.dhs:QOV as required in the contract Milestones.
6. Submit a Bi-Annual Progress Report to hls:reporting@emd:wa.gov and the Commission's Key Personnel
as required in the contract Milestones:
7. Submit at a maximum monthly and a minimum quarterly, signed and approved, invoice vouchers (State
Form A-19) and a Reimbursement Spreadsheetto the Department for costs incuRed.
8. If purchasing equipment, the Contractor must meet the following requirements:
• Equipment must be in compliance with the FEMA Authorized Equipment List (AEL), as detailed at:
http://www.rkb.us/.
o Determine whether or not it is in_ the best interest of the Gontractor 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 Corrtractor's contract and use the state's procurement process to purchase equipment on
behalf of the Contractor. This witl necessitate an ameridment to the contract reducing the Contractor's
award by an amount sufficient for the Department to make the purchase(s). The Department will pay
the vendor directly and all items wilL be drop shipped to a location designated by the Contractor.
9. Exercises that are implemented with grant funds must. meet the requirements of the FFY08 Homeland
Security Grant Program Guidance, be threat and performance 6ased, and should evaluate performance of
critical prevention and response tasks required ofithe exercise scenario. Upon completion of the exercise,
an After Action Report and an Improvement Plan must be prepared and submitted to fhe FEMA portal
within 60 days of completion of the exercise. Reimbursements for exercise related expenditures can not be
made until this requirement has been met. '
FEMA-HSGP-FFY OS Page 14 of 17 King County
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EXHIBIT D: STATE CONTRACT '
10. The FFY08 HSGP grant stipulates the following caps and thresholds:
• The Contractor will nofi be reimbursed for Management and AdminisVative costs that exceed the
budgeted amount(see Exhibit C).
• Ecpenditures for promotional items must not exceed 15% of the total allocation.
• Expenditures for kits used `in volunteec response (e.g., CERT o"r MRC kits/backpacks) or clothing for
official identification must not exceetl 30%0 of the total a(location.
CONTRACTOR TASKS:
1. pevelop continuing education programs by Zone for CERT graduates
2.. Design and produce promotional products for National Night 0ut
3. If necessary, hire a Subcontractor to assist in accomplishing the contract tasks.
THE COMMISSION AGREES TO:
1. Provide technical assistance, expertise, and state coordination with FEMA where necessary.
2. Reimburse the Contractor within 45 days of receipt and approval of requests for reimbursement which`
includes all documeritation of expendifures as required.
FEMA-HSGP-FFY 08 Page 15 of 17 King County
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EXHIBIT D: STATE CONTRACT
MILESTONES
FFYO8 State Homeland Security Program
- - - MILESTONE TASK
September 1, 2008. Start of contract performance period.
Septemb.e.r 30, 2008 Submit NIMS compliance report.
Fe6niary 2009 Contract Execution.
July 15, 2009 Submission of Bi-annual Strategy Implementation Report (BSIR)
' & Rrogress Report.
September 30, 2009 ' Submit NIMS compliance report.
January 15, 2010 Su.bmission of Bi-annual Strategy Implementation Report (BSIR) .
& Progress Report. `February 28, 2010 End of grant perFormance period.
No later than April 15, 2010 Submit all final reports, eequests for reimbursement and/or deliverables.
FEMA=HSGP-FFY 08 Page 16 of 17 , King County
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EXHIBIT D: STATE CONTRACT
Exhibit C
BUDGET SHEET '
FFY 2408 State Homeland Security Program .
PLANNING Sub-Category Funding Source: 783SU
- Salaries $ Benefits $
. . Consultants/Sub-Contracting $ -
Goods & SeNces $ -
Travel & Per Diem $
Pass Tfiru $ 2,846
Other-Indirect $ -
Tatal $ 2,846
TRAI NI NG sub-cateyory Funding source: 783s-r
Salaries & Benefits $ -
Overtime $ -
Consultants/Sub-Contracting $ -
Goods & Services
Travel & Per Diem $ -
Pass Thru $ 20,000
Other $ -
Tota1 $ 20,000 .
EXERCISE sub-cace9ory , Funding source: 783sQ
Salaries Benefits $ -
Overtime $ -
ConsultantsJSub-Contracting $ -
Goods & Services $ - •
Travel & Per: Diem $ -
Pass Thnj $ -
Other $ -
Total $ -
MANAGEMENT& ,
ADMINISTRATION Sub-Category Funding Sourr,e: 783SA'
Salaries & Benefits '
ConsultarrtslSulrCorrtracting $ -
Goods & Services $ -
Tratel & Per Diem $ _
Pass Thru $ _
Other -
Tofal $
EQUIPMENT Su6-Gategory $ - FundingSource:;783SS
Pass Tliru '
Total Budget $ Z2,846
1. Cumulative changes to budgetcategories in excess of 10% ofthe gontractaward will'notbe reimbursed withoutan
' executed contractamendment , .
2. Federal funds maybe used to suppl'►mentexasting funds, and wifl not replace (supplar►t) funds that have been
appropriated foi the same purpose; .
3. The Contractor will not be reim6ursed for Management and Administrative costs thatexceed the 6udgeted amount.
FEMA-HSGP-FFY QS Page 17 of 17 King County
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