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HomeMy WebLinkAboutFD07-082 - Original - King County Office of Emergency Management - Homeland Security Subgrant: School Violence Exercise - 04/01/2007 RA �--nrrlc Ma A► mPn4 ■ � AiLL/ . LA ✓ , . . tea ■ t.a � v ■ ■ ■ v • ■ a = KENT Document > WASHINOiON p�.� W✓ 4 e✓3T.AFx • CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed, if you have questions, please contact City Clerks Office. Vendor Name: T1 �l,Cs>�$ Vendor Number: �,�Q� �� _ Jq,Edwards Number Contract Number: lr' 1 08 a This is assigned by Deputy City Clerk Description: J40rnQ&JJnd Detail: 14 YOk --L S,P C;PDfA '?7, D(07 dop-r r ZF07- LI Project Name: tZaA00-1 24'a 1--Qjo Li-e cd_i s� Contract Effective Date: �1 — 4947 Termination Date: Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: DArn�n_C, f¢1-%� Department: Abstract: 5 Public\RecordsManagement\Forms\ConfracfCover\ADCL7832 07102 r r r ue-ahar-i t-uuS King County Office of Emergency Management HOMELAND SECURITY SUBGRANT AGREEMENT PROJECT TITLE- School Violence Exercise THIS AGREEMENT is made and entered into by and between King County and the City of Kent Fire Department, hereinafter "Subgrantee", for the express purposes set forth in the following provisions of this Agreement It is understood that funding for this Agreement has been granted to King County by the United States Department of Homeland Security (DHS) through the Washington State Military Department, Emergency Management Division (EMD). The funding source of the grant is the FFY06 State Homeland Security Program, Catalog of Federal Domestic Assistance (CFDA) # 97.067,, State Contract# E07-174. Neither the DHS nor the Federal Government shall be a party to any subagreement nor to any solicitations or request for proposals This Agreement shall be subject to the applicable grant contract between DHS and EMD and the subgrant contract between EMD and King County The Subgrantee agrees not to perform any act, fail to perform any act, or refuse to comply with any King County requests that would cause King County to be in violation of the DHS and EMD grant terms and conditions, a copy of which is attached hereto as Exhibit D III NOW THEREFORE, King County and the Subgrantee mutually agree as follows. 1. SCOPE OF WORK AND BUDGET The Subgrantee will accomplish the work and tasks as set forth in this Agreement and the Scope of Work, Project Timeline, and Deliverables (attached hereto as Exhibit A) and Budget (Exhibit B) 2. PERIOD OF PERFORMANCE Subject to other Agreement provisions, the period of performance under this Agreement will be from April 1, 2007 to August 1, 2007 All work must be satisfactorily completed, and all invoices, reports, and deliverables must be submitted, by the end of this Period of Performance. 3. CONTRACT REPRESENTATIVES King County's Project Manager on this Agreement shall be Alec Chapman, Program Manager /l, 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 Dominic V. Marzano, Assistant Chief/Emergency Manager, who will be the contact person for all communications regarding the conduct of work under this Agreement and who will ensure that all terms of the Agreement are met. Any notice required or permitted under this Agreement shall be deemed sufficiently given or served if sent to King County or the Subgrantee at the addresses provided on the next page If to King County: Page 1 of 18 r r Y Ub-JrIJ1'-I t-Uu3 Alec Chapman King County Office of Emergency Management 3511 NE 2"d Street Renton, WA 98056 (206) 296-3830 alec.chapmanametrokc.gov If to the Subgrantee: Dominic V. Marzano City of Kent Fire Department 24611 1161h Ave SE Kent, WA 98030 (253) 856-4316 dmarzano(1ci kent.wa.us 4. REIMBURSEMENT REQUESTS AND PAYMENT This is a reimbursement contract not to exceed $21,800.00(twentyone thousand eight hundred dollars and zero cents) with compensation payable to the Subgrantee for satisfactory performance of the work under this Agreement Payment for satisfactory performance of the work shall not exceed this amount unless the parties mutually agree in writing to a higher amount prior to the commencement of any work which will cause the maximum payment to be exceeded. Compensation for satisfactory work performance shall be payable upon receipt of properly completed Invoice and Progress Report forms, which will be provided to the Subgrantee subsequent to execution of this Agreement Invoices for eligible costs incurred to date may be submitted monthly or quarterly. Supporting documentation is required for reimbursement of all expenses related to the Scope of Work and Budget in Exhibits A and B. Supporting documentation includes, but is not limited to, paid invoices to vendors, paid expense claim forms, canceled checks, etc. The documentation must also include the date of payment by the Subgrantee to ensure that the work was completed within the subgrant period of performance. King County may also require the Subgrantee to document that funding governed by this Agreement is not being used to replace or supplant existing programs, staff costs, activities and/or equipment. Payment shall be considered timely if mailed by King County to the Subgrantee within thirty (30) calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by the Subgrantee on the invoice form. King County may, at its sole discretion, withhold payments claimed by the Subgrantee for services rendered if King County has determined that the Subgrantee has failed to satisfactorily comply with any term or condition of this Agreement. King County does not incur liability for any payment to the Subgrantee that is subsequently disallowed by State or Federal granting agencies King County reserves the right to withhold or recoup payment for work or activities determined by funding agencies to be ineligible for reimbursement. 5. REPORTING REQUIREMENTS Page 2 of 18 rrYuo-ahar-i t-uu3 Each request for reimbursement, whether submitted monthly or quarterly, will be accompanied by a narrative progress report Reports must include the Subgrantee's progress in implementing the scope of work, including any problems encountered and possible cost overruns or underruns. 6. RECORDS MAINTENANCE The Subgrantee shall maintain accounts and records, including personnel, financial, and programmatic records, and other such records as may be deemed necessary by King County, to ensure proper accounting for all project funds and compliance with this Agreement. All such records shall sufficiently and properly reflect all direct and indirect costs of any nature expended and service provided in the performance of this Agreement These records shall be maintained for a period of six (6) years after subgrant close-out, and shall be subject to inspection, review or audit by King County and/or by State or Federal officials as so authorized by law. 7. COMPLIANCE WITH APPLICABLE LAWS The Subgrantee shall be responsible for following all applicable Federal, State and local laws, ordinances, rules and regulations in the performance of work described herein. New federal laws, regulations, policies and administrative practices may be established after the date this Agreement is established and may apply to this Agreement To achieve compliance with changing federal requirements, the Subgrantee agrees to accept all changed requirements that apply to this Agreement and to require compliance with changed requirements in all subcontracts Failure to comply shall constitute a material breach of this Agreement. By entering into this Agreement the Subgrantee agrees to implement the National Incident Management System (NIMS) per DHS requirements as outlined in the 2006 Homeland Security Grant Program Guidelines The Subgrantee and all its subcontractors shall comply with, and DHS is not responsible for determining compliance with, any and all applicable federal, state, and local laws, regulations, and/or policies This obligation includes, but is not limited to, laws, regulations and polices listed in this section and in Exhibit D. OMB Circulars The Subgrantee shall comply with OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal Governments, OMB A-102, Grants and Cooperative Agreements with State and Local Governments, and A-133, Audits of States, Local Governments, and Non-Profit Organizations. Singe Audit Act Non-federal entities receiving financial assistance of $500,000 or more in Federal funds from all sources, direct and indirect, are required to have a single or a program-specific audit conducted in accordance with the U S Office of Management and Budget (OMB) (Revised June 27, 2003) Circular A-133-Audits of States, Local Governments, and Non-Profit Organizations Non- federal entities that spend less than $500,000 a year in Federal awards are exempt from Federal audit requirements for that year, except as noted in Circular No. A-133. Entities required to have an audit must ensure the audit is performed in accordance with Generally Accepted Auditing Standards (GAAS), Government Auditing Standards (the Revised Yellow Book) developed by the Comptroller General and the OMB Compliance Supplement. Page 3 of 18 r r Y Ub-JY1Jr-I t-UU3 " The Subgrantee has the responsibility of notifying the State Auditor's Office and requesting an audit, if required. The Subgrantee shall maintain its records and accounts so as to facilitate the audit requirement and shall ensure that any subrecipients or subcontractors also maintain auditable records. The Subgrantee must send a letter stating there has been a single audit completed and there were no findings or if there were findings, the letter should provide a list of the findings In addition to sending a copy of the audit, the Subgrantee must include a corrective action plan for any audit findings and a copy of the management letter if one was received. The Subgrantee must send this letter to King County no later than nine (9) months after the end of the Subgrantee's fiscal year(s). The Subgrantee shall include the above audit requirements in any subcontracts. Certification Regarding Debarment, Suspension, or Ineligibility If Federal funds are the basis for this contract, the Subgrantee certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in transactions by any Federal department or agency. By signing and submitting this Agreement, the Subgrantee is providing the signed certification set out below. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the Subgrantee knowingly rendered an erroneous certification, the Federal Government and County may pursue available remedies, including suspension and/or debarment. The Subgrantee shall provide immediate written notice to King County if at any time the Subgrantee learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "persons," "lower tier covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549 [49 CFR Part 29]. The Subgrantee agrees by signing this Agreement that it shall not knowingly enter into any covered transaction with a person or subcontractor who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized in writing by King County. The Subgrantee shall include the requirement in this section in any subcontracts. 8. AMENDMENTS This Agreement may be amended only by written concurrence of both parties. Amendments to Scope of Work will only be approved if the proposed amendment is consistent with State and Federal granting agency rules Up to ten percent (10%) of the total award amount may be shifted between approved budget object codes as contained in Exhibit B. For amounts over ten percent (10%), the Subgrantee must submit a written budget amendment request for approval. Such requests will only be approved if the proposed change(s) is (are) consistent with and/or achieve(s) the goals stated in the Scope of Work and falls within the grant requirements. 9. TERMINATION Page 4 of 18 r r run-ahz: r-i t-uus " This Agreement may be terminated by King County, in whole or in part, for convenience without cause prior to the end of the Period of Performance, upon thirty (30) calendar days advance written notice This Agreement may be terminated by either party, in whole or in part, for cause prior to the end of the Period of Performance, upon thirty (30) calendar days advance written notice Reasons for termination for cause may include but not be limited to material issues of nonperformance misuse of funds, and/or failure to provide grant-related invoices, reports, or any requested documentation. If the Agreement is terminated as provided above, King County will be liable only for payment in accordance with the terms of this Agreement for satisfactory work completed prior to the effective date of termination The Subgrantee shall be released from any obligation to provide further services pursuant to this Agreement. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Agreement or law that either party may have in the event that the obligations, terms and conditions set forth in this Agreement are breached by the other party. Funding under this Agreement beyond the current appropriation year is conditional upon appropriation of sufficient funds to support the activities described in this Agreement Should such an appropriation not be approved, this Agreement will terminate at the close of the current appropriation year. 10. HOLD HARMLESS AND INDEMNIFICATION The Subgrantee shall protect, indemnify and hold harmless King County, its officers, officials, agents, and employees from and against any and all claims, costs, and/or issues whatsoever occurring from any and all actions by the Subgrantee and/or its subcontractors pursuant to this Agreement. The Subgrantee shall defend at its own expense any and all claims, demands, suits, penalties, losses, damages, or costs of any kind whatsoever (hereinafter "claims") brought against King County arising out of or incident to the Subgrantee's execution of, performance of or failure to perform this Agreement Claims shall include but not be limited to assertions that the use or transfer of any software, book, document, report, film, tape, or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, and/or otherwise results in unfair trade practice. In the event the County incurs attorney fees and/or costs in the defense of claims within the scope of the paragraph above, such attorney fees and costs shall be recoverable from the Subgrantee In addition King County shall be entitled to recover from the Subgrantee its attorney fees, and costs incurred to enforce the provisions of this section. 11. INSURANCE Subgrantee shall provide and maintain and shall cause its subcontractors to provide and maintain Commercial General Liability in the minimum amount of $1,000,000 per occurrence and $ 2,000,000 in the aggregate King County, its officers, officials, agents and employees shall be named as additional insureds. If the Agency is a Municipal Corporation or an agency of the State of Washington and is self- insured for any of the above insurance requirements, a certification of self-insurance shall be attached hereto and be incorporated by reference and shall constitute compliance with this section. 12. ENTIRE CONTRACT/WAIVER OF DEFAULT Page 5 of 18 rr Yuo-ariar-i t-uu s This Agreement is the complete expression of the agreement of King County and the Subgrantee hereto, and any oral or written representations or understandings not incorporated herein are excluded Waiver of any default shall not be deemed to be a waiver of any subsequent default Waiver of breach of any provision of this Agreement shall not be deemed to be waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of this Agreement unless stated to be such through written approval by King County, which shall be attached to the original Agreement. 13. SEVERABILITY If any section, subsection, sentence, clause or phrase of this Agreement is, for any reason, found to be unconstitutional or otherwise invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Agreement. 14. APPROVAL This Agreement shall be subject to the written approval of King County's authorized representative and shall not be binding until so approved THIS AGREEMENT, consisting of 7 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. CITY OF KENT KING COUNTY OFFICE OF FI DEPARTMEN Toldeman, Y MANAGEMENT BY a e & e Eri Director Date Date Page 6 of 18 r r-rue-aha r-i c-uu,s Exhibit A Scope of Work Investment .justification Enhance Regional Collaboration and Sustain Existing Regional Programs Goal & Objective _ r Identify one Goal & Objective in each that best represents this project: Washington Statewide Homeland Security Strategic Plan: Goal 1 1. To enhance Washington statewide homeland security through strong statewide partnerships, collaboration and communication Objective 1 1 1. Further develop statewide, regional, and cross-border partnerships to enhance and develop capabilities and capacities to meet the threat of terrorism Region 6 Homeland Security Strategic Plan: Regional Priority II Assess and Address Regional Assets, Needs, Threats and vulnerabilities. Goal E. Meet minimum levels of training established by the Region, ensuring that emergency response personnel at all levels are involved in ongoing training. Train frequently to accommodate staff turnover and to ensure a well-qualified line of leadership succession It is important to provide training beyond the front line of emergency responders, because during a major event they will require back-up and relief General Information Staff members of Kent School District, Kent Police Department, Kent Fire Department and the Kent Emergency Management Division propose to cooperate on the exercise This exercise will involve students and staff from the Kent School District along with responders and support personnel from the City of Kent, and surrounding jurisdictions and Zones working together. The goal is to improve capabilities, knowledge and skills while testing plans and preparations designed to protect our students in preparing for and responding to a terrorist or other school violence episode The exercise will start with 4-5 armed intruders, who are part of a domestic terrorist organization (not students), entering and taking over some component of the school. There will be secondary devices used in this exercise in the form of simulated explosive devices that will provide obstacles and problems for first responders to deal with during the mitigation of the situation. The staff has chosen Friday, June 8, 2007 with the target time of 1 00 pm. This time is projected to work with the scheduled release time for the students and as such will not alter the day for staff, students or parents. All students and staff on site the day of the exercise will be participants in the initial event activities. This will be essential in testing of process, planning and response as well as Page 7 of 18 rr run-char-i t-uus accomplishing evacuation, isolation of the terrorists, accountability of the school population and the student release process. There will be a core of participants that will have a greater role. This will include the 15-20 students and 2-3 staff that will be hostages. Additionally, there will be 7-8 injured students that require attention and 2-3 of those that will be critical patients to test EMS capabilities The proposal is to have the exercise at Sequoia Middle School. This school was chosen for several reasons First, it has cameras, which will provide for remote observation and more realistic scenario by not having personnel "wandering" through the scene as observers or evaluators. Second, the school is somewhat isolated, this will facilitate security for the exercise and provide better control to test the process. Third, the physical configuration is a good fit for the exercise. What is the purpose of the project? The members of the Kent School District and the first responder community have worked extremely well together in their efforts to plan continuously, adapt their contingencies as new information becomes available and techniques are developed and proven This proposal is the next step in our process and the opportunity to be an example in the Region when it comes to the protection and safeguarding of our children. The goal is to improve capabilities, knowledge and skills while testing plans and preparations designed to protect our students Specifically, the participants in this exercise look to test and enhance their KSA's in support of the NRP, NIMS and to train in a unified command setting What problem does the project solve? This training will provide the ability to test existing plans in the School District and the other responding agencies These existing plans have not been tested in a functional or operational setting and this exercise will provide that opportunity A further gap is the testing of mutual aid and automatic aid procedures and plans. The participating SWAT units have not had the opportunity to test revised plans and the specifically the response and interaction during a school violence event. Specific training and capability gaps are further demonstrated by the discipline participant objectives. School District Improve capabilities, knowledge, and skills while also testing plans and processes relative to the following areas • Internal school communications between management, divisions, and supervisors, including alert and notification • External communications with parents, first responders, and the media • Public information building on the school districts desire to partner with local government for the safety of all students • Unified command and coordination with all responding elements Police Department Improve capabilities, knowledge, and skills while also testing plans and processes relative to the following areas: Page 8 of 18 rrrue-ariar-i t-uua • Response to Intruder/Shooter in the school to validate strategies and tactics including unified command and the rapid responder component • Assessment of the Police Department Operating Center and associated capabilities in callback and notification procedures • Test planning capabilities for extended operations by developing an Incident Action Plan Fire Department Improve capabilities, knowledge, and skills while also testing plans and processes relative to the following areas: • Performance of a Multiple Casualty Incident response in a crisis oriented environment including participation in a unified command structure • Assessment of the Fire Department Operating Center in alert and notification and activation procedures • Evaluation of the Joint Information System including public information and antra- ' department information processes • Assessment of interoperable communications Emergency Management Improve capabilities, knowledge, and skills while also testing plans and processes relative to the following areas. • Evaluation of Alert and Notification processes and procedures including a Level II activation of the Emergency Coordination Center • Evaluation of WEB EOC use • Testing of interoperable communications with field command and DOCs • Coordination of Policy makers to identify relevant initiatives How does the project enhance local / regional homeland security and preparedness for CBRNE ! Terrorist/WMD incidents? This full scale exercise will assist the participants in their efforts to prevent, to prepare, to protect, respond to, and recover from terrorist & catastrophic events The exercise will provide an opportunity to test plans and procedures that are in place for these eventualities. The exercise further supports the overall HS strategy of the State in its testing of the Zone and regional mutual aid agreements and response partnerships The exercise will test the interoperability of equipment and communications for all players and will demonstrate the proficiency and efficiency of interoperable response planning activities. What activities need to be completed to finish the project? It is the desire of all participants in the exercise to "plan for success" A significant part of that planning for success is the assurance that all participants are sufficiently and appropriately prepared for the events of the day. This preparation includes the choosing of the core players with the utmost care and consideration for the impact this type of event will have The hostages and injured students and staff will be chosen early in the process and fully apprised of the demands and requirements for their participation. Also it will be the goal of the planners to prepare the entire student body, staff and surrounding community on what to expect and what will happen. While the element of the unknown is best for the exercise, participants will be informed to the point of ensuring that Page 9 of 18 r r rue-%'�'hb r-i t-uu.s there are no negative impacts due to undue fear or anxiety regarding personal safety or danger. Exercise Design - In order to make this exercise as successful as possible an exercise design team will be established as soon as practical This team will be represented by participants from the Kent School District, Police, Fire and Emergency Management. The design team members will be familiar with the school response plan and first responders The exercise objectives will be the primary guides for the development of exercise conditions and parameters. Also, the design team will be tasked with ensuring that a master event list is developed for event control and safety of all participants. And finally the team will ensure that a proper and thorough evaluation and after action process is designed to ensure that lessons learned and process improvements are not lost What are the tangible results and / or deliverables of the project? This exercise will involve students and staff from the School District along with Zone and regional responders and support personnel This exercise will be multi-jurisdictional and multi-discipline and provide the opportunity to test common plans and response procedures. The anticipated outcome is to improve capabilities, knowledge and skills for all responders and to demonstrate the ability to function in a unified command environment Evaluators will be used to provide comprehensive assessment of the response This will provide for an after action product that will define lessons learned and recommendations for cooperative improvement. The ultimate goal is the improvement and enhancement of the overall response in Zone 3 and for the Region in the form of improved plans and procedures. How will the grant funds be used to support this project? Grant funds will be used in several capacities in this exercise. First— Overtime and Backfill costs for responders on exercise day is essential. The ability to have adequate personnel and support for the exercise is tantamount to success Second — Goods and services will be a necessary expense. The support of meetings for the design teams, tabletop support in the form of materials and meeting space and the costs associated with additional instruction for of the students and staff who are active participants (injured and hostage role players). Third — material and minimal equipment for the actual exercise in the form of simmunition, moulage materials, terrorist supplies for role play, IED simulation materials and possible pop up shelter for security of command and control personnel in the unified command field unit. Project Timeline Activity Estimated Completion Date Initiate contract between the City of Kent Fire Department April, 2007 and King County OEM Design team work for exercise Duration of project Page 10 of 18 rrrub-ariar-i t-uu,s MSEL final draft May 15, 2007 Tabletop for school personnel May 31, 2007 Tabletop for City and School Executives May 31, 2007 Development of evaluator corps and AAR format decisions June 1 , 2007 Progress Report June 1 , 2007 MSEL reviewed and finalized June 3, 2007 All support and necessary material and equipment June 3, 2007 purchase Full Scale Exercise June 8, 2007 All authorized OT and backfill collected and authorized June 11, 2007 AAR for individual agencies finalized June 22, 2007 Final AAR for general release July 9, 2007 Final Progress Report, HSEEP Documentation and Invoice August 1, 2007 Due I Page 11 of 18 rr rue-ariar- I C-uus Exhibit B Allowable Costs Using Appendix D -ALLOWABLE COSTMATRIx of FY06 Grant Guidelines the allowable costs that best represent this project Allowable Exercise Costs: Exercise planning workshop Full- or part-time staff or contractors/consultants Overtime and backfill costs including expenses for part-time and volunteer emergency response personnel participating in G&T exercises Supplies IMPORTANT NOTE. This is a reimbursement grant Item Description Budget Category Organizational Planning Training Exercise Equipment Equipment --------- ------- - Consultant Fees I ®' Salaries & Benefits ------j - -- -- --------- (not for payment of _____ _____ overtime) Overtime/Backfill $11,300 00 Travel & Per Diem Goods & Services - - - -- Please Specify Supplies- Exercise materials to include $10,500 00 items listed under General Information Other Costs--Please -------------- ----------- -------- ------- --- ----- Specify I i I Total Amount Per $ 0.00 $ 0.00 $ 0.00 $21,800.00 $ 0.00 Budget Category GRAND TOTAL $21,800.00 (NOT TO EXCEED Project Cost or Award Amount) ❖ 10% of total award amount maybe shifted between approved budget object codes ❖ Final signed invoice voucher to be submitted with final performance report & deliverables — Invoices not to exceed total amount of contract award Page 12 of 18 r r Y ue-char-i s-uu,s Exhibit C Equipment BudDetail® My project does not require purchase of equipment ❑ My project requires purchase of equipment Page 13 of 18 r r Y un-ariar-i t-uu3 Exhibit D Compliance With Applicable Laws and Grant Requirements D-1 Equal Employment Opportunity During the performance of this Subgrant, the Subgrantee shall comply with all federal and state nondiscrimination statutes and regulations. These requirements include, but are not limited to. a. Nondiscrimination in Employment. The Subgrantee shall not discriminate against any employee or applicant for employment because of race, color, sex, religion, national origin, creed, marital status, age, Vietnam era or disabled veterans status, or the presence of any sensory, mental, or physical handicap This requirement does not apply, however, to a religious corporation, association, educational institution or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution or society of its activities. b. The Subgrantee shall take affirmative action to ensure that employees are employed and treated during employment without discrimination because of their race, color, religion, national origin, creed, marital status, age, Vietnam era or disabled veterans status, or the presence of any sensory, mental, or physical handicap. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion, or transfer, recruitment, or recruitment selection for training, including apprenticeships and volunteers Ref- Executive Order 11246, as amended by Executive Order 11375; Title VII of the Civil Rights Act, as amended, 42 USC § 2000e, section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 USC § 623, section 102 of the Americans with Disabilities Act, as amended, 42 USC §§ 12101 et seq , 29 CFR Part 1630, 41 CFR § 60-1 4 D-2 Non-Discrimination During the performance of this Agreement, neither the Subgrantee nor any party subcontracting under the authority of this Agreement shall discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation, age, or presence of any sensory, mental, or physical handicap in the employment or application for employment or in the administration or delivery of or access to services or any other benefits under this Agreement as defined by King County Code, Chapter 12 16. During the performance of this Agreement, neither the Subgrantee nor any party subcontracting under the authority of this Agreement shall engage in unfair employment practices as defined by King County Code, Chapter 12.17 or 12 18 The Subgrantee shall comply fully with all applicable Federal, State and local laws, ordinances, executive orders and regulations that prohibit such discrimination These laws include, but are not limited to, RCW Chapter 49.60 and Titles VI and VII of the Civil Rights Act of 1964 During the performance of this Agreement, the Subgrantee, for itself, its assignees and successors-in-interest agrees as follows: A. Nondiscrimination The Subgrantee, with regard to the work performed by it during the Agreement, shall not discriminate on the grounds of race, color, creed, gender, disability, age or national origin in the selection and retention of subcontractors. The Subgrantee shall not participate Page 14 of 18 rrYun-ariar-I t_-uua either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the Agreement covers a program set forth in Appendix B of the Regulations. Ref 20 USC §§ 1681 et seq., Age Discrimination Act of 1975, as amended, 42 USC §§ 6101 et seq.; Section 504 of the Rehabilitation Act of 1973, as amended, 29 USC § 794, Americans with Disabilities Act of 1990 (ADA), as amended, 42 USC §§ 12101 etseq B Solicitations for Subcontracts Including Procurements of Materials and Equipment In all solicitations either by competitive proposal or negotiation made by the Subgrantee for work to be performed under a subcontract each potential subcontractor or supplier shall be notified by the Subgrantee of the Subgrantee's obligations under this Agreement and the regulations relative to nondiscrimination on the grounds of race, color, creed, gender, disability, age or national origin. C. Information and Reports The Subgrantee shall provide all information and reports required by the regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined to be pertinent to ascertain compliance with such regulations, orders and instructions The Subgrantee shall maintain all required records for at least six (6) years after King County makes final payment and all other pending matters are closed. D. Incorporation of Provisions The Subgrantee shall include the provisions of paragraphs A through D of this section in every subcontract, unless exempt by the regulations or directives issued pursuant thereto The Subgrantee shall take such action with respect to any subcontract or procurement as King County or DHS may direct as a means of enforcing such provisions, including sanctions for noncompliance Provided, however, that, in the event the Subgrantee becomes involved in or is threatened with litigation with a subcontractor or supplier as a result of such direction, the Subgrantee may request King County to enter into such litigation to protect the interests of the County, and in addition, the Subgrantee may request the Federal Government to enter into such litigation to protect the interests of the United States D-3 Americans With Disabilities Act In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U S C. § 12112, the Contractor shall comply with the requirements of U S Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F R Part 1630, pertaining to employment of persons with disabilities. The Subgrantee is required to comply with all applicable requirements of the Americans with Disabilities Act of 1990 (ADA), 42 USC §§ 12101, et seq., Section 504 of the Rehabilitation Act of 1973, as amended, 29 USC § 794, and, and the following regulations and any amendments thereto: Page 15 of 18 r l-Y Ub-OHor-I t_uu I A. U.S. Department of Justice (DOJ) regulations, "Nondiscrimination on the Basis of Disability in State and Local Government Services," 28 CFR Part 35, B U S Department of Justice regulations, "Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities," 28 CFR Part 36; C U S General Services Administration regulations, "Construction and Alteration of Public Buildings," 41 CFR Subpart 101-19; D. U.S. Equal Employment Opportunity Commission (EEOC) 'Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 CFR Part 1630; E. U.S. Federal Communications Commission regulations, "Telecommunications Relay Services and Related Customer Premises Equipment for the Hearing and Speech Disabled", 47 CFR Part 64, Subpart F. D-4 Privacy Act Should the Subgrantee, or any of its subcontractors, or their employees administer any system of records on behalf of the Federal Government, the Privacy Act of 1974, 5 USC § 552a, imposes information restrictions on the party administering the system of records. For purposes of the Privacy Act, when the Agreement involves the operation of a system of records on individuals to accomplish a government function, the Subgrantee and any subcontractors and their employees involved therein are considered to be government employees with respect to the government function The requirements of the Act, including the civil and criminal penalties for violations of the Act, apply to those individuals involved Failure to comply with the terms of the Act or this provision of this Agreement shall make this Agreement subject to termination. The Subgrantee agrees to include this clause in all subcontracts awarded under this Agreement that involve the design, development, operation, or maintenance of any system of records on individuals subject to the Act. D-5 Interest of Members of or Delegates of Congress Pursuant to 41 USC § 22, no member of or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefit arising therefrom. D-6 Disclosure of Lobbying Activities Agreements in excess of $100,000 require that a Certification Regarding Lobbying, and Disclosure of Lobbying Activities (if appropriate), be completed and submitted to King County as required by 49 CFR Part 20, "New Restrictions on Lobbying." The Subgrantee certifies that it shall not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal Contract, grant or any other award covered by the Byrd Anti-Lobbying Amendment, 31 USC § 1352 The Subgrantee shall disclose the name of any registrant under the Lobbying Disclosure Act of 1995, codified at 2 USC § 1601 et seq., who has made lobbying contacts on its behalf with non-Federal funds with respect to that Federal Contract, grant or award covered by 31 USC § 1352. Such disclosures are to be forwarded to King County The Subgrantee shall include the language of this certification in all subcontract awards at any tier and require that all recipients of subcontract awards in excess of $100,000 shall certify and disclose accordingly. Page 16 of 18 r r Y ue-bribr-i t-uu3 " Ref: 49 CFR Part 20, modified as necessary by 31 USC § 1352. D-7 False or Fraudulent Statements or Claims The Subgrantee acknowledges that if it makes a false, fictitious, or fraudulent claim, statement, submission, or certification to King County in connection with this project, the County reserves the right to pursue the procedures and impose on the recipient the penalties of 18 USC § 1001, 31 USC §§ 3729 and 3801 et seq , and/or 49 USC § 5307(n)(1), as may be appropriate The Subgrantee agrees to include this clause in all subcontracts awarded under this Agreement. D-8 Energy Conservation The Subgrantee agrees to comply with mandatory standards and policies relating to energy efficiency that are contained in the State Energy Conservation plan issued in compliance with the Energy Policy and Conservation Act, 42 USC §§ 6321 et seq , and 49 CFR Part 18. The Subgrantee agrees to include this clause in all subcontracts awarded under this Agreement. D-9 Environmental Requirements The Subgrantee agrees to comply with the applicable requirements of the National Environmental Policy Act of 1969, as amended, 42 USC §§ 4321, et seq., consistent with Executive Order No. 11514, as amended, "Protection and Enhancement of Environmental Quality," 42 USC § 4321 note Council on Environmental Quality regulations on compliance with the National Environmental Policy Act of 1969, as amended, 42 USC § 4321 etseq. and 40 CFR Part 1500, etseq. D-10 Preference for Recycled Products To the extent practicable and economically feasible, the Subgrantee agrees to provide a competitive preference for products and services that conserve natural resources and protect the environment and are energy efficient Examples of such products may include, but are not limited to, products described in the United States EPA Guidelines at 40 CFR Part 247, implementing section 6002 of the Resource Conservation and Recovery Act, as amended, 42 USC § 6962, and Executive Order 12873. D-10 Patent Rights If any invention, improvement, or discovery of the Subgrantee or any of its Subcontractors is conceived or first actually reduced to practice in the course of or under this Agreement, and that invention, improvement, or discovery is patentable under the laws of the United States or any foreign country, the Subgrantee agrees to notify King County immediately and provide a detailed report. The rights and responsibilities of the Subgrantee and King County with respect to such invention, improvement or discovery shall be determined in accordance with applicable Federal laws, regulations, policies, and any waiver thereof Unless the Federal Government later makes a contrary determination in writing, irrespective of the Subgrantee's status (i e , a large business, small business, state government or state instrumentality, local government, nonprofit organization, academic institution, individual), the County and the Subgrantee agree to take the necessary actions to provide, through DHS, those rights in that invention due the Federal Government as described in U.S. Department of Commerce regulations, `Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," 37 CFR Part 401 Page 17 of 18 rr run-briar-i t-uu,s The Subgrantee also agrees to include the requirements of this section in each subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance provided by DHS. Ref 49 CFR Part 19, Appendix A, Section 5 Page 18 of 18