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HomeMy WebLinkAboutFD08-088 - Original - Jack Herrmann, MSEd., NCC, LMHC - Disaster Mental Health Training - 06/06/2008 O KENT W A S M I N 6 T O N CONSULTANT SERVICES AGREEMENT between the City of Kent and JACK HERRMANN, MSEd., NC LMHC THIS AGREEMENT is made between the City of Kent, a Wa hington municipal corporation (hereinafter the "City"), and Jack Herrmann, MSEd., NCC, LMHC organized under the laws of Washington D.C., located and doing business at 2119 - 13th Street NW, Washington DC 20009 (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: Provide disaster mental health training in accordance ith the Scope of Work attached and incorporated as Exhibit A, and the City's un erlying grant agreement with the King County Office of Emergency Management a tached and incorporated as Exhibit B. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional pr ctices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective dat of this Agreement. Upon the effective date of this Agreement, Consultant shall complete the work described in Section I by June 30, 2008. All acts consistent with the authority of this Agr ement and prior to its effective date are hereby ratified and affirmed, and the terms of this Agre ment shall be deemed to have applied. III. COMPENSATION. A. The City shall pay the Consultant, based on time a d materials, an amount not to exceed $11,530.00 for the services described in this Agreement. This is the maximum amount to be paid under this Agreem nt for the work described in Section I above, and shall not be exceeded withou the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the n gotiated rate(s) for a period of one (1) year from the effective date of this Agre ment. The Consultant's billing rates shall be as delineated in Exhibit A CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) B. The Consultant shall submit a single payment in oice to the City for work performed upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it s all notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort o settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties i tend that an Independent Contractor-Employer Relationship will be created by this Agreeme t and that the Consultant has the ability to control and direct the performance and details of its ork, the City being interested only in the results obtained under this Agreement. V. TERMINATION. Either party may terminate thi Agreement, with or without cause, upon providing the other party thirty (30) days written n tice at its address set forth on the signature block of this Agreement. After termination, the ity may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposur to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontr ctors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason or race, religion, color, sex, age, sexual orientation, national origin, or the presence of any :enso , mental, or physical disability, discriminate against any person who is qualified and availble t perform the work to which the employment relates. Consultant shall execute the attached ity of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, i demnify and hold the City, its officers, officials, employees, agents and volunteers harmless f om any and all claims, injuries, damages, losses or suits, including all legal costs and atto ney fees, arising out of or in connection with the Consultant's performance of this Agreeme t, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant' work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that his Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising ut of bodily injury to persons or damages to property caused by or resulting from the concur ent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's neglig nce. IT IS FURTHER SPECIFICALLY AND EXPRESS Y UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWL DGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. CONSULTANT SERVICES AGREEMENT - 2 (Over$10,000) VIII. INSURANCE. The Consultant shall procure and ma ntain for the duration of the Agreement, insurance of the types and in the amounts describ d in Exhibit C attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will prov de its best efforts to provide reasonable accuracy of any information supplied by it to Co sultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCU ENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The City s use or reuse of any of the documents, data and files created by Consultant for this pr ject by anyone other than Consultant on any other project shall be without liability or legal a posure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though onsultant is an independent contractor with the authority to control and direct the perform nce and details of the work authorized under this Agreement, the work must meet the app oval of the City and shall be subject to the City's general right of inspection to secure satisfacto y completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety f its employees, agents, and subcontractors in the performance of the contract work and shall tilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and ecyclable products whenever practicable. A price preference may be available for any designat d recycled product. B. Non-Waiver of Breach. The failure of the City to in ist upon strict performance of any of the covenants and agreements contained in this Agreem nt, or to exercise any option conferred by this Agreement in one or more instances shall not a construed to be a waiver or relinquishment of those covenants, agreements or options, and t e same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This A reement shall be governed by and construed in accordance with the laws of the State of Washin ton. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, differ nce or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of tf�e King County Superior Court, a King County, Washington, unless the parties agree in writing to alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney' fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition o any other recovery or award provided by law; provided, however, nothing in this paragraph hall be construed to limit the City's right to indemnification under Section VII of this Agreemen . CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) D. Written Notice. All communications regarding this A reement shall be sent to the parties at the addresses listed on the signature page of the Agr ement, unless notified to the contrary. Any written notice hereunder shall become effective thr a (3) business days after the date of mailing by registered or certified mail, and shall be deem d sufficiently given if sent to the addressee at the address stated in this Agreement or su h other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by a ther party without the written consent of the non-assigning party shall be void. If the non-assig ing party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written conse t. F. Modification. No waiver, alteration, or modification �f any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verb I statements of any officer or other representative of the City, and such statements shall not a effective or be construed as entering into or forming a part of or altering in any manner thi Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contain d in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to co ply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operation . I, Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which ill together constitute this one Agreement. IN WITNESS, the parties below execute this Agreem nt, which shall become effective on the last date entered below. CONSULTANT: CITY OF KEN By: By: ( igna re) (signature) Print N m iti Prin a )e:j zette Cooke Its Its mivor titly DATE: 5�(� 0 DATE: /09 CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) i NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Jack Herrmann, MSEd., NCC, LMHC Dominic V Marzar o City of Kent 2119 13th Street, NW 220 Fourth Aven a South Washington, DC 20009 Kent, WA 98032 (253) 856-4316 ( elephone) (202) 986-9790 (telephone) (253) 856-4119 (facsimile) Insert Fax Number facsimile APPROVED ASI O FORM: it to K t La T art ent [In this field,you may enter the electronic filepath where the contract has been saved] CONSULTANT SERVICES AGREEMENT - 5 (Over$10,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State law regarding equal opportunity. As such all contractors, subcontractors and suppliers who perfo m work with relation to this Agreement shall comply with the regulations of the City's a ual employment opportunity policies. The following questions specifically identify the requirements the ity deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agre ment to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part o the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy umber 1.2. 2. During the time of this Agreement I will not discriminate i employment on the basis of sex, race, color, national origin, age, or the presence of 11 sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commit ent as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence state ent will be signed by me, the Prime Contractor, that the Prime Contractor complied wit the requirements as set forth above. By signing below, I agree to fulfill the five requirements reference above. Dated this ' day of , 200 By: For: Title: lti� Date: EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERS DES: April 1, 1996 CONTRACTORS APPROVED Y Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if hol ing Agreements with the City amounting to $10,000 or more within any given year, must take t e following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who illfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agre ment. Contract Compliance Officers will be appointed by the Directors f Planning, Parks, and Public Works Departments to assume the following duties for their respe tive departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIAN E STATEMENT This form shall be filled out AFTER COMPLETION of this project y the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-menti ned company was the prime contractor for the Agreement known as that wa entered into on the, (date) , between the firm I repr sent and the City of Kent. I declare that I complied fully with all of the requirements and obl'gations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent qual Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of , 200 By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A SCOPE OF WORK The Consultant and one Co-Master Trainer will provide one ( -day) instructor training workshop at a time and location to be jointly determined by the Consultant and City. The Consultant will assist the City in identifying in tructor trainee selection and review criteria as well as provide consultation n training site preparation. The Consultant will prepare an evidence-informed, disaster ental health training curriculum entitled; Disaster Behavioral Health: A Critical Re ponse for the City that will provide mental health professionals and other disaster p rsonnel with the knowledge and skills necessary to respond to the psychologi al and psychosocial impacts on individuals and communities in the early afterma h of disasters and other critical events. The Consultant will conduct one, 3-day Instructor Candidate Training (ICT) workshop using the Disaster Behavioral Healt : A Critical Response training curriculum. Project Management and Consultation Utilizing resources and input provided by the City, the Cons Itant will develop a work plan and time line for the coordination of a disaster m ntal behavioral Instructor Candidate Training workshop. Training Products All training materials below will be issued to the City in an electronic file format (Adobe Acrobat and/or Microsoft Word formats) Training Manuals and Materials: Upon consultation and collaboration with the City, the Consultant will provide the CLIENT with a CD-ROM cont ining electronic file formats of the following products: • Disaster Behavioral Health: A Critical Response (I structor Manual) • Disaster Behavioral Health: A Critical Response (P rticipant Manual) • Disaster Behavioral Health: A Critical Respons (Instructor and Administrative Training Guidelines Manual) • Disaster Behavioral Health: A Critical Response (Family Assistance Center Exercise Instruction Manual) • Disaster Behavioral Health: A Critical Resp rise (PowerPoint presentation) • Participant Training Recruitment Letter Template • Participant Training Acceptance Letter Template • Participant Training Application Form Template • Pre-Training Materials (Personal Vignettes and th Personal, Family, and Work Life Inventory) Other Training Resources: Training Class Sign-In Roster, Completion of Training Certificate template, as well as associated documents refer nced throughout the training. Instructor Candidate Training Workshop Federal Tax ID No: 043-42-9546 Budget*** Contractor Fees (includes Co-Master Trainer Expenses)............................$ 8,600 Travel, Hotel, Rental Car and Per Diem ...........................................................$ 2,930 Total.................................................................................................... ................ .$ 11,530 ***Expenses not included in the above quote include: Training site rental fees, audio-visual equipment rental fees associated catering costs C Fxhr' b; f FFY07-SHSP-TE-001 King County Office of Emergency Management HOMELAND SECURITY SUBGRANT AGREEMENT SUB GRANT AGREEMENT NUMBER: FFY07-SHSP-TE-001 PROJECT TITLE: Disaster Mental Health-A Critical Response THIS AGREEMENT is made and entered into by and between King County and the City of Kent, 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 t King County by the United States Department of Homeland Security (DHS) through the Washington State Military Department, Emergency Management Division (EMD). The funding source of the grant is the FFY07 State Homeland Security Program (SHSP) Catalog of Federal Domestic Assistance (CFDA) #97.067, State Contract# E08-196. 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 i be subject to the applicable grant contract between DHS and EMD and the subgrant contract between EMD and King County. The Subgrantee agrees not to perform any act, fail to perform any act, or refuse to comply with any King County requests that would cause King County to be in violation of the DHS and EMD grant terms and conditions, a copy of which is attached hereto as Exhibit D. NOW THEREFORE, King County and the Subgrantee mutually agr a as follows: 1. SCOPE OF WORK, BUDGET AND APPROVED EQUIPMENT LI T The Subgrantee will accomplish the work and tasks as set forth in t is Agreement including the Scope of Work, (attached hereto as Exhibit A), Budget (Exhibit B) arid Approved Equipment List (Exhibit C). 2. PERIOD OF PERFORMANCE The period of performance under this Agreement will be from May 1, 2008 to September 1, 2008. All work must be satisfactorily completed, and all Invoice reimbursement requests, reports, and deliverables must be submitted to King County Office of Emergency Management, by the end of this Period of Performance. 3. CONTRACT REPRESENTATIVES King County's Project Manager on this Agreement shall be Alec hapman - Project/Program Manager II at King County Office of Emergency Management. The Project Manager shall be responsible for monitoring the performance of the Subgrantee, the approval of actions by the Subgrantee, approval for payment of billings and expenses submitted by the Subgrantee, and the acceptance of any reports by the Subgrantee. The Subgrantee's representative to this Agreement shall be Dominic Marzano - Assistant Chief/Emergency Manager for the City of Kent, who will be he contact person for all communications regarding the conduct of work under this Agreement and who will ensure that all terms of the Agreement are met. Page 1 of 36 FFY07-SHSP-TE-001 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 pr vided below: If to King County: Alec Chapman King County Office of Emergency Management 3511 NE 2"d Street Renton, WA 98056 PH: 206.296.3830/ FAX: 206.205.4056 alec.chapman@kingcounty.gov If to the Subgrantee: Dominic V. Marzano City of Kent 24611 116''Ave Southeast Kent, WA 98030 PH: 253.856.4316/ FAX: 253.856.4119 dmarzano(a-)ci.kent.wa.us 4. REIMBURSEMENT REQUESTS AND PAYMENT This is a reimbursement Agreement and will not to exceed $ 14 030.00 (Fourteen thousand th/rty dollars and zero cents) with compensation payable to the Subgrantee for satisfactory performance of the work under this Agreement. Payment for sat sfactory performance of the work shall not exceed this amount. The parties may amend this arr ount by mutual agreement. Compensation for satisfactory work performance shall be pays le upon receipt of properly completed Invoice Reimbursement Request, which is available to t e Subgrantee at. http://www.metrokc.gov/[)repare/homelandsecurily/homelandsecuri v sub rant.as x Invoice Reimbursement Request forms for eligible costs may a submitted no more than monthly and no less than quarterly after expenses have een incurred. Supporting documentation is required for reimbursement of all expenses related to the Scope of Work, Budget and Approved Equipment List in Exhibits A, B and C. Supporting documentation includes, but is not limited to, paid invoices to vendors, paid ex ense claim forms, canceled checks, etc. The documentation must also include the date of p yment by the Subgrantee to ensure that the work was completed within the subgrant period of erformance. When seeking reimbursement for equipment, the Subgrantee must also present Hand Receipt Form. King County may also require the Subgrantee to document that funding governed by this Agreement is not being used to replace or supplant existing programs, tall costs, activities and/or equipment. Payment shall be considered timely if mailed by King County to th Subgrantee within thirty (30) calendar days after receipt of properly completed Invoice Reimb rsement Request. Payment shall be sent to the address designated by the Subgrantee on the Invoice Reimbursement Request form. King County may, at its sole discretion, withho d payments claimed by the Page 2 of 36 FFY07-SHSP-TE-001 Subgrantee for services rendered if King County has determined that the Subgrantee has failed to satisfactorily comply with any term or condition of this Agreement. King County does not incur liability for any payment to the Subgrantee that is subsequently disallowed by State or Federal granting agencies. King County reserves the right to withhold or recoup payment for work or activities determined by funding agencies to be ineligible for reimbursement. 5. REPORTING REQUIREMENTS Narrative Progress Reports are due on a quarterly basis. This report must include the Subgrantee's progress in implementing the Scope of Work including any problems encountered and possible cost overruns or under runs. If no progress has been made on the Agreement a report must still be provided quarterly. 6. RECORDS MAINTENANCE The Subgrantee shall maintain accounts and records, incI din 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 w th this Agreement. All such records shall sufficiently and properly reflect all direct and indirect costs of any nature expended and service provided in the performance of this Agreement. These records shall be maintained for a period of six (6) years after subgrant close-out, and shall be subject to inspection, review or audit by King County, State or Federal officials as so authorized y law. 7. EQUIPMENT MANAGEMENT& GENERAL PROGRAM REQUIREMENTS A. EQUIPMENT MANAGEMENT All equipment purchased under this Agreement by the Subgrantee will be recorded and maintained in an equipment inventory system. 1. Upon successful completion of the terms of this Agreement, II 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 egal transfer of ownership is in place. 2. The Subgrantee, or a recognized subgrantee shall be responsible for any and all operation and maintenance expenses and for the safe operation of the equipment, including all questions of liability. 3. The Subgrantee shall maintain equipment records that include: a description of the property; the manufacturer's serial number, model number, o other identification number; the source of the equipment, including the Catalogue of Federal Domestic Assistance or CFDA number; who holds title; the acquisition ate; 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 re orted; and disposition data including the date of disposal and sale price of the property. 4. Records for equipment shall be retained by the Subgrantee f r a period of six (6) years from the date of the disposition, replacement or transfer. If any litigation, claim, or audit is started before the expiration of the six (6) year period, the records shall be retained by the Subgrantee until all litigations, claims, or audit findings involving the records have been resolved. 5. The Subgrantee shall take a physical inventory of the equipment and reconcile the results with the property records at least once every two (2) years. Any differences between quantities determined by the physical inspection and those shown in the Page 3 of 36 n FFY07-SHSP-TE-001 records shall be investigated by the Subgrantee to determine the cause of the difference. The Subgrantee shall, in connection with the inventory, verify the existence, current utilization, and continued need for the equipment. 6. The Subgrantee shall develop a control system to ensure ad quate safeguards to prevent loss, damage, and theft of the property. Any loss, da age or theft shall be investigated and a report generated which will be submitted t King County Office of Emergency Management. 7. The Subgrantee will develop adequate maintenance proced res to keep the property in good condition. 8. If the Subgrantee is authorized or required to sell the prope , proper sales procedures must be established to ensure the highest possible return. 9. When original or replacement equipment is no longer neede for the original project or program or for other activities currently or previously support d by a Federal agency, disposition of the equipment will be made as follows: a. Items of equipment with a current per-unit fair market alue 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 alue of more than $5,000 may be retained or sold and the Subgrantee shall co pensate the Federal- sponsoring agency for its share. As subgrantees of federal funds the Subgrantee must pass n equipment management requirements that meet or exceed the requirements outlined a ove for all subgrantees who receive pass-thru funding from this contract. B. GENERAL PROGRAM REQUIREMENTS Subgrantee must adhere to all financial and procurement guidanc , including competitive process and other procurement requirements as documented in th Department of Homeland Security(DHS) Financial Guide at: http://www.dhs.gov/xiibra!)L/assets/Grants Financial Management uide. df Local and state procurement and contracting regulations take pre edent over these requirements when local and state regulations are more stringent. • Adhere to Office of Grants and Training requirements tha all sole source contracts over$100,000 be reviewed and approved by the King Co my prior to execution of a contract. This requirement must be passed on to all of th Subgrantee's sub- contractors, at which point the Subgrantee will be respon ible for reviewing and approving their sub contractor's sole source justification. • Adhere to Office of Grants and Training requirements tha 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 subsisten ) must be approved by King County before the contract is executed. This requiremen must be passed on to all of the Subgrantee's sub-contractors, at which point the Sub rantee will be responsible for reviewing and approving their sub-contractor's contract. No travel or subsistence costs, including lodging and meals, reimbursed under this sub grant agreement may exceed federal maximum rates which can be fo nd at www.gsa.gov. 8. COMPLIANCE WITH APPLICABLE LAWS AND GRANT REQ IREMENTS The Subgrantee shall be responsible for following all applicable ederal, State and local laws, ordinances, rules and regulations in the performance of work d scribed herein. New federal Page 4 of 36 FFY07-SHSP-TE-001 laws, regulations, policies and administrative practices may be es ablished after the date this Agreement is established and may apply to this Agreement. T achieve compliance with changing federal requirements, the Subgrantee agrees to accept al changed requirements that apply to this Agreement and to require compliance with ch nged requirements in all subcontracts. Failure to comply shall constitute a material breach of this Agreement. By entering into this Agreement the Subgrantee agrees to impl ment the National Incident Management System (NIMS) per DHS requirements as outlined in t e 2007 Homeland Security Grant Program Guidelines. The Subgrantee and all its subcontractors shall comply with and DHS is not respgnsible for determining compliance with any and ail agplicable federal state and local laws regulations, and/or policies. This obligation includes but is not limited to la s regulations and policies listed in this Agreement. A. EQUAL EMPLOYMENT OPPORTUNITY During the performance of this Subgrant, the Subgrantee shall cor 1ply with all federal and state nondiscrimination statutes and regulations. These requirem nts include, but are not limited to: 1. Nondiscrimination in Employment: The Subgrantee shall not discriminate against any employee or applicant for employment because of ra e, color, sex, religion, national origin, creed, marital status, age, Vietnam era or disabled veterans status, or the presence of any sensory, mental, or physical handica This requirement does not apply, however, to a religious corporation, associatio , 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 cor oration, association, educational institution or society of its activities. 2. The Subgrantee shall take affirmative action to ensure th t employees are employed and treated during employment without discrimination be ause of their race, color, religion, national origin, creed, marital status, age, Vietna era or disabled veterans status, or the presence of any sensory, mental, or physic I handicap. Such action shall include, but not be limited to, the following: Employ ent, upgrading, demotion, or transfer, recruitment, or recruitment selection for traini g, including apprenticeships and volunteers. Ref: Executive Order 11246, as amended by Executive Ord r 11375; Title VII of the Civil Rights Act, as amended, 42 USC § 2000e; section 4 o the Age Discrimination in Employment Act of 1967, as amended, 29 USC § 623; secti n 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 ubgrantee nor any party subcontracting under the authority of this Agreement shall discr minate 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 a y other benefits under this Agreement as defined by King County Code, Chapter 12.16. Page 5 of 36 FFY07-SHSP-TE-001 During the performance of this Agreement, neither the ubgrantee nor any party subcontracting under the authority of this Agreement shall en age in unfair employment practices as defined by King County Code, Chapter 12.17 or 12.1 . The Subgrantee shall comply fully with all applicable Fede al, 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 nd VII of the Civil Rights Act of 1964. During the performance of this Agreement, the Subgrantee, or itself, its assignees and successors-in-interest agrees as follows: 1. Nondiscrimination The Subgrantee, with regard to the work performed by it du ing the Agreement, shall not discriminate on the grounds of race, color, creed, gender, di ability, age or national origin in the selection and retention of subcontractors. The Su grantee shall not participate either directly or indirectly in the discrimination prohibit d by Section 21.5 of the Regulations, including employment practices when the Agr ement covers a program set forth in Appendix B of the Regulations. Ref: 20 USC §§ 1681 et seq., Age Discrimination Act of 1 75, as amended, 42 USC §§ 6101 et seq.; Section 504 of the Rehabilitation Act of 1973 as amended, 29 USG § 794, Americans with Disabilities Act of 1990 (ADA), as amended, 2 USC §§ 12101 etseq. 2. Solicitations for Subcontracts, Including Procurements of M terials and Equipment In all solicitations either by competitive proposal or negotiati n made by the Subgrantee for work to be performed under a subcontract each potential su contractor 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 f race, color, creed, gender, disability, age or national origin. 3. Information and Reports The Subgrantee shall provide all information and reports required by the regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined to be pertinent to ascertain compliance with such regulations, orders and be ructions. The Subgrantee shall maintain all required records for at least six (6) years fter King County makes final payment and all other pending matters are closed. 4. Incorporation of Provisions The Subgrantee shall include the provisions of paragrap s A through D of this section in every subcontract, unless exempt by the regulations or di ctives issued pursuant thereto. The Subgrantee shall take such action with respect to an subcontract or procurement as King County or DHS may direct as a means of enfor ing such provisions, including sanctions for noncompliance. Provided, however, tha , in the event the Subgrantee becomes involved in or is threatened with litigation with subcontractor or supplier as a result of such direction, the Subgrantee may request ing County to enter into such litigation to protect the interests of the County, and i addition, the Subgrantee may request the Federal Government to enter into such litigat on to protect the interests of the United States. C. AMERICANS WITH DISABILITIES ACT In accordance with section 102 of the Americans with Disabi ities Act, as amended, 42 U.S.C. § 12112, the Contractor shall comply with the requirements of U.S. Equal Employment Page 6 of 36 FFY07-SHSP-TE-001 Opportunity Commission, "Regulations to Implement the Equal E ployment 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 require ents of the Americans with Disabilities Act of 1990 (ADA), 42 USC §§ 12101, et seq.; Section 04 of the Rehabilitation Act of 1973, as amended, 29 USC § 794; and, and the following regul tions and any amendments thereto: 1. U.S. Department of Justice (DOJ) regulations, "Nondis rimination on the Basis of Disability in State and Local Government Services,"28 CFR P rt 35; 2. U.S. Department of Justice regulations, "Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities,"28 CF Part 36; 3. U.S. General Services Administration regulations, "Constru tion 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 Di abilities Act," 29 CFR Part 1630; 5. U.S. Federal Communications Commission regulations, "Telecommunications Relay Services and Related Customer Premises Equipment for the Hearing and Speech Disabled", 47 CFR Part 64, Subpart F. D. PRIVACY ACT Should the Subgrantee, or any of its subcontractors, or their empl yees administer any system of records on behalf of the Federal Government, the Privacy A t of 1974, 5 USC § 552a, imposes information restrictions on the party administering the syst m of records. For purposes of the Privacy Act, when the Agreement involves t e operation of a system of records on individuals to accomplish a government function, the Subgrantee and any subcontractors and their employees involved therein are co sidered to be government employees with respect to the government function. The require ents 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 t include this clause in all subcontracts awarded under this Agreement that involve the desig , development, operation, or maintenance of any system of records on individuals subject to the Act. E. INTEREST OF MEMBERS OF OR DELEGATES OF CONGRESS Pursuant to 41 USC § 22, no member of or delegate to the C ngress of the United States shall be admitted to any share or part of this Agreement or to any enefit arising therefrom. F. DISCLOSURE OF LOBBYING ACTMTIES Agreements in excess of $100,000 require that a Certificatio Regarding Lobbying, and Disclosure of Lobbying Activities (if appropriate), be completed a d 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 Fede al appropriated funds to pay any person or organization for influencing or attempting to influe ce an officer or employee of any agency, a member of Congress, officer or employee of Co gress, or an employee of a member of Congress in connection with obtaining any Federal Contract, grant or any other Page 7 of 36 FFY07-SHSP-TE-001 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 US § 1352. Such disclosures are to be forwarded to King County. The Subgrantee shall include the language of this certification in a I subcontract awards at any tier and require that all recipients of subcontract awards in excess if$100,000 shall certify and disclose accordingly. Ref: 49 CFR Part 20, modified as necessary by 31 USC § 1352. G. FALSE OR FRAUDULENT STATEMENTS OR CLAIMS The Subgrantee acknowledges that if it makes a false, fictitious, or fraudulent claim, statement, submission, or certification to King County in connection with this roject, 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 subco tracts awarded under this Agreement. H. ENERGY CONSERVATION The Subgrantee agrees to comply with mandatory standards an policies relating to energy efficiency that are contained in the State Energy Conservation pl n issued in compliance with the Energy Policy and Conservation Act, 42 USC §§ 6321 et seq., nd 49 CFR Part 18. The Subgrantee agrees to include this clause in all subco tracts awarded under this Agreement. I. ENVIRONMENTAL REQUIREMENTS The Subgrantee agrees to comply with the applicable requirements of the National Environmental Policy Act of 1969, as amended, 42 USC §§ 4 21, et seq., consistent with Executive Order No. 11514, as amended, "Protection and Enhancement of Environmental Quality," 42 USC § 4321 note. Council on Environmental Quali 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 Su luder antee agrees to provide a competitive preference for products and services that conservetural resources and protect the environment and are energy efficient. Examples of such prcts may include, but are not limited to, products described in the United States EPA Guines at 40 CFR Part 247, implementing section 6002 of the Resource Conservation and covery Act, as amended, 42 USC § 6962, and Executive Order 12873. K. PATENT RIGHTS If any invention, improvement, or discovery of the Subgrantee any of its Subcontractors is conceived or first actually reduced to practice in the course of or 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 n accordance with applicable Federal laws, regulations, policies, and any waiver thereof. Page 8 of 36 FFY07-SHSP-TE-001 Unless the Federal Government later makes a contrary determina 'on in writing, irrespective of the Subgrantee's status (i.e., a large business, small business, state government or state instrumentality, local government, nonprofit organization, academ c 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 descri d in U.S. Department of Commerce regulations, Rights to Inventions Made by Nonpro it Organizations and Small Business Firms Under Government Grants, Contracts and Coope ative Agreements," 37 CFR Part 401. The Subgrantee also agrees to include the requirements of this s ction in each subcontract for experimental, developmental, or research work financed in w ole or in part with Federal assistance provided by DHS. Ref: 49 CFR Part 19,Appendix A, Section 5 L.. OMB CIRCULARS The Subgrantee shall comply with OMB Circular A-87, Cost Pri ciples for State, Local, and Indian Tribal Governments; OMB A-102, Grants and Cooperativ Agreements with State and Local Governments; and A-133, Audits of States, Local G vernments, and Non-Profit Organizations. M. SINGE AUDIT ACT Non-federal entities receiving financial assistance of $500,000 r 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 G vernments, and Non-Profit Organizations. Non-federal entities that spend less than $500, 00 a year in Federal awards are exempt from Federal audit requirements for that year, exce t as noted in Circular No. A- 133. Entities required to have an audit must ensure the audit is erformed in accordance with Generally Accepted Auditing Standards (GAAS), Governm nt Auditing Standards (the Revised Yellow Book) developed by the Comptroller Gener I and the OMB Compliance Supplement. The Subgrantee has the responsibility of notifying the State Au itor's Office and requesting an audit, if required. The Subgrantee shall maintain its records and accounts o as to facilitate the audit requirement and shall ensure that any subrecipients or subcont actors also maintain auditable records. The Subgrantee must send a letter stating there has been a si gle audit completed and there were no findings or if there were findings, the letter should pr vide a list of the findings. In addition to sending a copy of the audit, the Subgrantee must i clude a corrective action plan for any audit findings and a copy of the management letter if on 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 ny subcontracts. N. CERTIFICATION REGARDING DEBARMENT,SUSPENSION,OR INEL GIBILITY Page 9 of 36 FFY07-SHSP-TE-001 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 prov ding the signed certification set out below. The certification in this clause is a material repre entation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the Subgrantee knowingly rendered an erroneous certification, the Federal Government and County may pursue available remedies, including suspension and or debarment. The Subgrantee shall provide immediate written notice to King County if at any time the Subgrantee learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The terms "covered transaction," "debarred," "suspended," "ineligible," 'lower tier covered transaction," "participant," "persons," "principal," "proposal," an "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549 [49 CFR Part 29]. The Subgrantee agrees by signing this Agreement that it shall not knowingly enter into any covered transaction with a person or subcontractor who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized in writing by King County. The Subgrantee shall include the requirement in this section in any subcontracts. 9. AMENDMENTS This Agreement may be amended only by written concurrence of both parties. Amendments to Scope of Work (Exhibit A), Budget (Exhibit B) and Approved Equipment List (Exhibit C) will only be approved if the proposed amendment is consistent with State and Federal granting agency rules. Except for changes in Equipment and Salaries & Benefits oi the Budget (Exhibit B), up to ten percent (10%) of the total award amount may be shifted between the other approved budget categories and sub categories. For Equipment, Salaries & Benefits or amounts over ten percent (10%), the Subgrantee must submit a written budget amendment request for approval. Such requests will only be approved if the proposed change(s) is (are) consistent with and/or achieve(s) the goals stated in the Scope of Work (Exhibit A) and falls within the grant requirements. 10. TERMINATION This Agreement may be terminated by King County, in whole or in part, for convenience without cause prior to the end of the Period of Performance, upon thirty 30) calendar days advance written notice. This Agreement may be terminated by either party, in whole or in part, for cause prior to the end of the Period of Performance, upon thirty (30) calendar days advance written notice. Reasons for termination for cause may include but not be limited to: material issues of nonperformance misuse of funds, and/or failure to provide grant-related invoices reports, or any requested documentation. 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 Page 10 of 36 FFY07-SHSP-TE-001 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 parry 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 ter inate at the close of the current appropriation year. 11. HOLD HARMLESS AND INDEMNIFICATION The Subgrantee shall protect, indemnify and hold harmless King County, its officers, officials, agents, and employees from and against any and all claims, costs, and/or issues whatsoever occurring from any and all actions by the Subgrantee and/or its subcontractors pursuant to this Agreement. The Subgrantee shall defend at its own expens 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 he Subgrantee's execution of, performance of or failure to perform this Agreement. Claims s all include but not be limited to assertions that the use or transfer of any software, book, docu ent, report, film, tape, or sound reproduction or material of any kind, delivered hereunder, co stitutes 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 t e defense of claims within the scope of the paragraph above, such attorney fees and costE 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 thi 3 section. 12. INSURANCE Subgrantee shall provide and maintain and shall cause its subcontractors to provide and maintain Commercial General Liability in the minimum amount of $1,000,000 per occurrence and $ 2,000,000 in the aggregate. King County, its officers, officials, agents and employees shall be named as additional insureds. If the Agency is a Municipal Corporation or an agency of the 'State of Washington and is self- insured for any of the above insurance requirements, a certification of self-insurance shall be submitted to King County Office of Emergency Management and shall constitute compliance with this section. 13. SCHEDULE OF EXPENDITURES OF FINANCIAL ASSISTANCE King County Government Subgrantees should not include expenditures incurred by your agency and reimbursed by DHS through King County Office of Emergency Management on your annual Schedule of Expenditures of Financial Assist ince. King County Office of Emergency Management, the lead agency for this federal award, is responsible for including these expenditures on their Schedule of Expenditures of Financial Assistance. 14. ENTIRE CONTRACTMAIVER OF DEFAULT Page 11 of 36 I I FFY07-SHSP-TE-001 This Agreement is the complete expression of the agreemen of King County and the Subgrantee hereto, and any oral or written representations or and rstandings not incorporated herein are excluded. Waiver of any default shall not be dee ed to be a waiver of any subsequent default. Waiver of breach of any provision of this Agr ement shall not be deemed to be waiver of any other or subsequent breach and shall not be co strued to be an amendment of the terms of this Agreement unless stated to be such through wri en approval by both parties and shall be attached to the original Agreement. 15. SEVERABILITY If any section, subsection, sentence, clause or phrase of this Agireement is, for any reason, found to be unconstitutional or otherwise invalid by a court of ompetent jurisdiction, such decision shall not affect the validity of the remaining portions of this Agreement. M 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 th authority to execute the Agreement. IN WITNESS WHEREOF this Agreement has been executed by a ch party on the date set forth below: CITY OF KENT KI G COUNTY BY Suzette Cooke, Mayor Robin Fried n, Director Date Date Page 12 of 36 I FFY07-SHSP-TE-001 Exhibit A: SCOPE OF WORK A 1 GENERAL INFORMATION: Project Title: Disaster Mental Health -A Critical ResQonse Sub Grantee's Name: City of Kent Contact Person: Dominic V Marzano Job Title: AC/Emergency Manacier Complete Address: 24611 116th Ave SE Kent,WA 98030 Phone: 253-856-4316 Fax: 253-856-4119 E-Mail: dmarzano(cDci.kent.wa.us A-2 INVESTMENT JUSTIFICATION: Check ONE Investment Justification from the grant that will fund yo r project that best describes it. SHSP&LETPP Projects: ❑ NIMS Implementation Activities ElRegional Collaboration and Coordination ElAnalytical Support for Fusion Center and Regional Intelligen Groups ElCommunity Preparedness and Participation ❑ Law Enforcement Investigation Resources&Specialized R sponse ❑ Strengthen CBRNE Detection, Response, and DecontaminE ton Capabilities ❑ Critical Infrastructure Protection ❑ Catastrophic Planning ❑ Interoperable Communications ® Medical Response Capability Enhancements A-3 GOAL&OBJECTIVE SHSP&LETPP Projects: Identify ONE Goal and ONE Objective in the Washin ton Statewide Homeland Securijy Strategic Plan that best represents the project: GOAL#: 7.1 GOAL DESCRIPTION: Increase Medical Surge Capability OBJECTIVE#: 7.1.1 OBJECTIVE DESCRIPTION: Train and educate healthcare profe sionals to recognize and treat victims of all hazard events. Identify ONE Goal and ONE Objective in the Region 6 Homeland Lcuritv Strategic Plan that best represents the project: REGIONAL PRIORITY#: 7 REGIONAL PRIORITY DESCRIPTION: Enhance the coordination ca abilities and surge caQaciiy of the Region's public health &healthcare systems. GOAL#:A Page 13 of 36 FFY07-SHSP-TE-001 GOAL DESCRIPTION: Build a regional Healthcare Coalition. a network of healthcare organizations and providers that are committed to strengthening the healthcare system for emergencies. OBJECTIVE M 1 OBJECTIVE DESCRIPTION: Establish and sustain a regional Hee Ithcare Coalition that includes hospitals, ambulato care providers, safe net healthcare organizations, professional associations home health and long term care groviders, and artn Drs with ke stakeholders such as EMS the American Red Cross Puget Sound Blood Bank and the Washin on Poison Center. 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): Research and practical experience has proven that an effective disaster mental health crisis response system is one that offers multi-faceted interventions within a continuum of care. The system should include a full spectrum of activities and treatments such as pre-disaster preparation, administering of psychological first aid, group and/or individual psychotherapy, psychiatric medication and inpatient psychiatric services. These interventions and treatments are designed to protect citizens from further harm caused by a natural or man-made disaster and to prepare the heal hcare system to effectively respond under pressure. The 3-day Train-the-Trainer course provides mental health, spirlitual care, and substance abuse professionals with an overview of how disasters strike, the psychological, psychosocial and psychospiritual impact they have on individuals and communities, culturally competent mental health intervention and the role of mental health and spiritual care personnel in community and healthcare settings in disaster planning, response and recovery. In addition, the course covers the basics of ICS and government response. Participation in this training will be by invitation only and there are 25 seats available for mental health and spiritual care professionals who agree to deliver the training at least once every 6 months in King County. Trainees from this course will be utilized by the Healthcare Coalition as Disaster Mental Health trainers in the community. We will hold training sessions in Zones 1, 3 & 5 for groups such as first responders, mental health professionals and nurses, thus increase the number of police and fire personnel, behavioral health and healthcare professionals who are trained in this specialized subject. Mr. Jack Herrmann is the author of this evidence-informec and nationally recognized disaster mental health training curriculum and therefore th a best choice to teach the course. His curriculum is currently a required training c urse in New York State, authorized by the State Department of Health and State Off ce of Mental Health. Tools or components of the course are also being used by other states or organizations including the States of Texas and New Jersey, the American Red Cross, and the National Disaster Medical System. In addition, he is currently working with the State of Maine Department of Health to train behavioral health responders across the state. He Page 14 of 36 FFY07-SHSP-TE-001 will be accompanied by one of his colleagues, Valerie Col d� Ph.D. in a co-trainer role. Dr. Cole was a subject matter expert and assisted in developing the original course. Mr. Herrmann addresses the reason for the development of this course in his program overview, which reads: "The social, political, and humanitarian pressure to address the psychological and spiritual crises that follow disasters is gr wing. The importance and value that integrated teams of mental health and spiritual car providers bring to disaster victims, their loved ones, and relief workers are being re c nized by those tasked with federal, state, and local disaster planning, preparedness, res onse, and recovery." 2. What is the purpose of the project? In addition to increasing awareness about the impact disast rs have psychologically on people of all ages, the course will better prepare fi st responders, healthcare professionals and spiritual care workers to respond to the community's mental health needs in a post-disaster environment, preventing further harm to our citizens and reducing the likelihood of a surge in need for long-term ment I health treatment. 3. What problem does the project solve? Research shows that for every 1 person who experien es physical trauma in an emergency or disaster, 50-100 people experience psychol gical trauma. King County does not have an adequate number of mental health prof ssionals and spiritual care workers who are trained to deliver disaster mental health and psychological first aid, therefore the healthcare community is not ready to respon effectively to post-disaster mental health needs. The disaster mental health training roject is being proposed to begin to address these concerns. Public Health-Seattle & King County is currently developing component of its volunteer medical reserve corps for mental health and spiritual c re response. Among the proposed required credentials to be a member of this tea is to complete the Disaster Mental Health - A Critical Response course. However, with ut a team of trainers offering it, we will not be able to offer this essential course an have it as a fundamental requirement for service. 4. How does the project enhance local / regional homeland s curity and preparedness for CBRNE /Terrorist/WMD incidents? Professionally trained mental health intervention is a critical function within a comprehensive regional disaster response plan. This p oject will be a critical step toward the development of an organized and effective me tal health response team in Region 6 5. What activities need to be completed to finish the project? Activities include: recruitment and screening of cours participants, logistics (i.e. scheduling training center, etc.), and printing of participant aterials. 6. What are the tangible results and/or deliverables of the project? Twenty-five King County mental health and/or spiritual care providers successfully completing 3-day Train-the-Trainer version of Disaster Mental Health - A Critical Page 15 of 36 FFY07-SHSP-TE-001 Response course and registering with the Public Health-S attle King County Medical Reserve Corps. **A deliverable of all projects will be a required monthly report (through the Training & Exercise Subcommittee Discipline Lead) on the status of a project at the Training & Exercise Subcommittee meeting.** 7. How will the grant funds be used to support this project? Grant funds will be used to pay for the 3-day Train-the-Tra n course. This includes all costs associated with the instructors (training fees, travel, er diem) and printing of all training materials. A-5 PROJECT TIMELINE: Make a timeline that includes measurable activities for task ompietion and critical dates. Project must be completed and delivered prior to end date identified by KCOEM Grant Manager. Narrative Progress Reports are required to be sub itted on a quarterly basis (or more frequently if required by the KCOEM Grants Manage4. The dates for these reports are January 15, April 15, July 15 and October 15. If your proj ct started 1 month prior to a narrative progress report due date, you may wait until the following quarter or if your subgrant ends within 1 month of a narrative progress report ou may submit with the final invoice. Include in the timeline submission of invoices reimb rsement requests to KCOEM and the end of project report to KCOEM. /fyour project inv /ves purchase of equipment, allow 3 months for equipment approval process to be comp/ ted which will happen before the contract is executed. Activity Estimated Completion Date Receive State EMD approval for the training course. No Later than May 1, 2008 Completion of logistical activities(securing venue and food for participants Food May 1, 2008 and locations are not fundable by T&E. Recruitment of 25 qualified participants for the course. (i.e. meets professi nal June 15, 2008 credential criteria, successfully passes criminal background check Delivery of 3-Day course July 1, 2008 Submit final invoices and documentation to KCOEM. 1 September 1,2008 Page 16 of 36 FFY07-SHSP-TE-001 Exhibit B: BUDGET B-1 ALLOWABLE COSTS: Using Appendix D - ALLOWABLE COST MATRIX of FFY07- SGP Program Guidance & Application Kit identify the allowable costs that best represen this project: Training: Training workshops and conferences Full- or part-time staff or contractors/consultants Travel Supplies B-2 BUDGET SUMMARY: Fill out the budget table using the correct budget category f r your project expenses. For ALL item descriptions you MUST specify what the amount i for using question 7, section A of Exhibit A. Budget Catego Planning Training Ex rcise Equipment Equipment $ C - $ - $ - $ - onsultant Fees $ - $ 8,600.00 $ - Salaries & Benefits $ _ $ _ $ _ Overtime/Backfill $ _ $ _ $ _ Travel & Per Diem $ - $ 2,930.00 $ - Goods &Services $ - $ 2,500.00 $ - Total Amount $ - $ 14,030.00 $ - $Total - Grant 1 1 • With the exception of Equipment and Salaries & Bene ts, changes to budget of no more than 10% are allowed without prior authorization f m KCOEM. Any changes to Equipment and Salaries & Benefits must have prior auth rization from KCOEM • Invoices submitted for reimbursement must not exceed t tal amount of award and must comply with grant requirements. Page 17 of 36 FFY07-SHSP-TE-001 Exhibit C: APPROVED EQUIPMENT LIST NOT APPLICABLE TO THIS PROJECT *****This page left blank intentionally*** Page 18 of 36 Exhibit D: COPY OF CONTRACT BETWEEN Washin ton State Emeraency Xa=nacaemme t Division AND King Count Washington State Military Department CONTRACT FACE SHEET 47-SHSP- - 1. Contractor Name and Address: 2. Contract Amount: 3. Contract Number r„ King County J>�►N i 4 208 Office of Emergency Management $2,350,774 E08-196 King County ulfice f 3511 NE 2nd Street Emergency Managen ient Renton,WA 98056 4. Contractor's Contact Person,phone number. 5. Contract Start Date: 6. Contract End Date: Jeff Bowers(206)205-4062 July 1,2007 September 30,2009 7. MD Program Manager/phone number: 8. State Business License#: 9. UBI#(state revenue): Kyle Herman (253) 512-7461 NA 578-037-394 10. Funding Authority: Washington State Military Department(Department) and the U.S. Department of F omeland Security(DHS) 11. Funding Source Agreement#: 12. Program Index# & OBJ/SUB-OJ: 13. CFDA#& Title: 14. TIN or SSN: 2007-GE-T7-0017 773SU,773ST,773SQ,773SA,773SS 97.067 HSP 91-6001327 15. Service Districts: 16. Service Area by County(ies): 17. Women/Minority-Owned,State (BY LEGISLATIVE DISTRICT):1, 5,11,30-34, King County Certified?: X N/A ❑ NO 36,37,41,43,45-48 ❑ YES,OMWBE# (BY CONGRESSIONAL DISTRICT): 7, 8, 9 18. Contract Classification: 19. Contract Type(check a ill that apply): ❑ Personal Services ❑ Client Services W Public/Local Gov't X Contract El Grant ❑ Agreement ❑ Collaborative Research ❑ A/E ❑ Other ❑ Intergovernmental (RCW 39.34) ❑ Interagency 20. Contractor Selection Process: 21. Contractor Type(chec all that apply) X "To all who apply&qualify" ❑ Competitive Bidding ❑ Private OrganizatI Andividual ❑ For-Profit ❑ Sole Source ❑ A/E RCW ❑ NIA X Public Organizatio VJudsdcdon X Non-Profit ❑ Filed w/OFM? ❑ Advertised? ❑YES ONO ❑ VENDOR X S JBIRECIPIENT ❑ OTHER 22. BRIEF DESCRIPTION: The U.S.Department of Homeland Security(DHS),Office of Grants and Training (OGT is providing funds to enhance the capability of state and local units of government to prevent, deter, respond to, and ver from incidents of terrorism through the FFY 2007 Homeland Security Grant Program, State Homeland Security Program (SHSP). The funding is being provided to address the unique exercise, training, planning and management and administration needs of emergency responders. IN WITNESS WHEREOF, the Department and Contractor acknowledge and accept the to ms of this contract and attachments hereto and have executed this contact as of the date and year written below. This Con act Face Sheet, Special Terms and Conditions,General Terms and Conditions, Statement of Work,and Budget govern the rig is and obligations of both parties to this contract. In the event of an inconsistency in this contract, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: (a) Applicable Federal and State Statutes and Regulations (b) Statement of Work (c) Special Terms and Conditions (d) General Terms and Conditions, and If attached, (a) any other provisions of the contract incorporated by reference. This contract contains all the terms and conditions agreed upon by the parties. No otherunderstandings, oral or otherwise, regarding the subject matter of this contract shall be deemed to exist or to bind any of the parties hereto. WHEREAS,the parties hereto have executed this contract on the day and year last specifi d below. FOR THE DEPARTMENT: FOR THE CONTRACT R: 3-v /_2_` �`P/a 7 Signature Date ignature Date James M. Mull n, Director James J. Buck,County Administrative Officer Emergency Management Division Washington State Military Department for APPROVED AS TO FORM: King County Office of E ergency Management Sara J. Finlay (signature on file) 9/12/2007 Assistant Attorney General (�,� hj0 form 10/27/00 kdb -�,�j FFY07 Homeland Security Grant Program Page 1 of 18 �I/hint nC unty OEM Page 19 of 36 E08-196 SPECIAL TERMS AND CONDITIONS FFY07-SHSP-TE-001 ARTICLE I --COMPENSATION SCHEDULE: This is a fixed price, reimbursement contract. Within the total contract amoun , travel, subcontracts, salaries and wages, benefits, printing, equipment, and other goods and services or o her budget categories will be reimbursed on an actual cost basis unless otherwise provided in this contra . Any travel or subsistence reimbursement allowed under the contract shall be paid in accordance wit rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or amended and in agreeme t with federal rates. Receipts and/or backup documentation for any approved budget line items including travel related expenses that are authorized under this contract must be maintained by the Contractor and be made available upon request by the Military Department. Some flexibility to shift funds between/among budget categories is allowed as follows: Changes to the budget in excess of 10% will not be reimbursed without the prior written authorization of the Department. Budget categories are as specified or defined in the budget sheet of the contract. ARTICLE II --REPORTS: In addition to the reports as may be required elsewhere in this contract, the Contractor shall prepare and submit the following reports to the Department's Key Personnel: Financial #/Copies Due Date Quarterly Invoices 1 Within 30 days following the end of the quarter in which the work was performed. Invoices must be submitted no more often than monthly, but at least quarterly. Failure to submit invoices in a timely manner will cause the Department to hold all requests for equipment approval until invoices are submitted. . Final Invoice 1 No later than 45th day following (shall not exceed overall contract amount) the contract end date All contract work must end on the contract end date, however the Contractor has up to 45 days after the contract end date to submit all final billing. Technical #/Copies Due Date Bi-Annual Strategy Implementation Report Electronic January 15th nd July 15th of each year of the contra t period Bi-Annual Progress Report Electronic January 15th nd July 15th of each year of the contra t period Final Report Electronic No later than 45th day following the contract end date All contract work must end on the contract end date, however the Contractor has up to 45 days after the contract end date to submit all final reports and/or deliverables. The Bi-Annual Strategy Implementation Report will be submitted via OGT's we -based grant reporting tool at https://www.reporting.odp.dhs.gov/. The Bi-annual Progress Report and the inal Report will be submitted electronically to his.reportina c0emd.wa.Qov. ARTICLE III --KEY PERSONNEL: The individuals listed below shall be considered key personnel. Any substitut on must be made by written notification to the Military Department. CONTRACTOR: MILITARY DEPARTMENT: Christa Valverde, Program Manager Kyle Herman, Program Coordinator FFY07 Homeland Security Grant Program Page 2 of 18 King County OEM Page 20 of 36 E08-196 ARTICLE IV--ADMINISTRATIVE REQUIREMENTS: FFY07-SHSP-TE-001 . The Contractor shall comply with OMB Circular A-87, Cost Principles for S te, Local, and Indian Tribal Governments; OMB A-102, Grants and Cooperative Agreements with State an Local Governments; and A- 133, Audits of States, Local Governments, and Non-Profit Organizations. ARTICLE V--ADDITIONAL SPECIAL CONDITIONS AND MODIFICATION T GENERAL CONDITIONS: 1. Funds are provided by the U.S. Department of Homeland Security (DHS), Office of Grants and Training (OGT)solely for the purpose of enhancing the capability of state and local nits of government to prevent, deter, respond to, and recover from incidents of terrorism, and when dual benefit can be justified, catastrophic incidents. The Contractor shall use the funds to perfor tasks as described in the Statement of Work and Budget portions of the Contractor's request for fu ding. Grant funds may not be used to replace or supplant.existing funding. 2. The Contractor's expenditures on personnel costs are limited to 15 pe cent (15%) of the sub-award amount. 3. The Contractor shall provide a match of$0 of non-federal origin. 4. The Contractor acknowledges that since this contract involves federal funding, the period of performance described herein will likely begin prior to the availability of appropriated federal funds. Contractor agrees that it will not hold the Department, the State of Washington, or the United States liable for any damages, claim for reimbursement, or any type of payment whatsoever for service performed under this contract prior to distribution of appropriated federal funds. The Contractor agrees that it will not hold the Department, the State of W shington, or the United States liable for any damages, claim for reimbursement or any type of pay ent if federal funds are not appropriated or are not appropriated in a particular amount. ARTICLE VI —EQUIPMENT MANAGEMENT: All equipment purchased under this contract, by the Contractor or a Sub-C ntractor, will be recorded and maintained in an equipment inventory system. 1. Upon successful completion of the terms of this contract, all equipment urchased through this contract will be owned by the Contractor, or a recognized sub-contractor/sub-gra tee for which a contract, sub- grant agreement, or other means of legal transfer or ownership is in place. -2. The Contractor, or a recognized sub-contractor/sub-grantee, shall b responsible for any and all operation, maintenance, replacement, and for the safe operation of the equipment, including all questions of liability. 3. The Contractor shall maintain equipment records that include, a d scription of the property; the manufacturer's serial number, model number, or other identification numb r; the source of the equipment, including the Catalogue of Federal Domestic Assistance (CFDA) number who holds title; the acquisition date; the cost of the equipment and the percentage of federal participati n in the cost; the location, use and condition of the equipment at the date the information was reported; a d disposition data including the date of disposal and sale price of the property. 4. Records for equipment shall be retained by the Contractor for a period of ix (6)years from the date of the disposition, replacement or transfer. If any litigation, claim, or audit is st rted before the expiration of the six year period, the records shall be retained by the Contractor until all liti ations, claims, or audit findings involving the records have been resolved. 5. The Contractor shall take a physical inventory of the equipment and reco cile the results with the property records at least once every two years. Any differences between quant ties determined by the physical inspection and those shown in the records shall be investigated by the C ntractor to determine the cause of the difference. The Contractor shall, in connection with the inventory, verify the existence, current utilization, and continued need for the equipment. FFY07 Homeland Security Grant Program Page 3 of 18 King County OEM Page 21 of 36 E08-196 6. The Contractor shall develop a control system to ensure adequate safeguards to prevent I(5§9oTd ?d§;001 and theft of the property. Any loss, damage or theft shall be investigated and a report generated. 7. The Contractor will develop adequate maintenance procedures to keep the�r=in good condition. 8. If the Contractor is authorized or required to sell the property, prop r procedures must be established to ensure the highest possible return. 9. When original or replacement equipment is no longer needed for the on inal project or program or for other activities currently or previously supported by a federal agency, disp sition of the equipment will be made as follows: a. Items of equipment with a current per-unit fair market value of less tha $5,000 may be retained, sold or otherwise disposed of by the Contractor with no further obligation to the awarding agency. b. Items of equipment with a current per-unit fair market value of more t an $5,000 may be retained or sold and the Contractor shall compensate the federal-sponsoring agen for its share. 10. As sub-grantees of federal funds, the Contractor must pass on equipment anagement requirements that meet or exceed the requirements outlined above for all sub-contractors, consultants, and sub-grantees who receive pass-through funding from this contract. ARTICLE VII—SUBRECIPIENT MONITORING The Department will monitor the activities of the Contractor from award to close ut and for the life of equipment purchased under this contract. The goal of the Department's monitoring a tivities will be to ensure that agencies receiving federal pass-through funds are in compliance with federal and state audit requirements, federal grant guidance, applicable federal and state financial guides, as well as MB Circular A-133 and A-122 where applicable. Monitoring activities may include: • review of performance reports; • monitoring and documenting the completion of contract deliverables; • documentation of phone calls, meetings, a-mails and correspondence; • review of reimbursement requests to insure allowablity and consistency ith contract budget; • observation and documentation of contract related activities, such as a ercises, training, funded events and equipment demonstrations; • on-site visits to review equipment records and inventories, ver' y source documentation for reimbursement requests and performance reports and verify completion of deliverables. As sub-grantees of federal funds, the Contractor is required to meet or exc d the monitoring activities, as outlined above, for all sub-contractors, consultants, and sub-grantees who re eive pass-through funding from this contract. FFY07 Homeland Security Grant Program Page 4 of 18 King County OEM Page 22 of 36 E08-196 FFY07-@AAfb-ftW01 2007 Subrecipient Washington Military Department GENERAL TERMS AND CONDITIONS 1. DEFINITIONS As used throughout this contract, the following terms shall have the meaning set forth below: a. "Department" shall mean the Washington Military Department, s a state agency, any division, section, office, unit or other entity of the Department, or any f the officers or other officials lawfully representing that Department. b. "Contractor" shall mean that firm, organization, group, indivi ual, or other entity performing services under this contract, and shall include all employees of the Contractor. It shall include any subcontractor retained by the prime Contractor as per itted under the terms of this contract. "Contractor" shall be further defined as one or th other of the following and so indicated on face sheet of the contract. 1) "SubrecipienC shall mean a contractor that operate 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 fu ds. 2) "Vendor" shall mean a contractor that agrees to provid the amount and kind of service or activity requested by the Department and that agree to provide goods or services to be utilized by the Department. C. "Subcontractor"shall mean one, not in the employment of the ontractor, who is performing all or part of those services under this contract under a separate ntract with the Contractor. The terms"subcontractor" and "subcontractors" mean subcontracto (s) in any tier. d. "Recipient"— a nonfederal.entity that expends federal awards received directly from a federal awarding agency to carry out a federal program. e. "Pass-Through Entity" means the Washington State Military epartment as it is applied to this contract. As found in SAAM 50.30.30 —"A nonfederal entity t at provides a federal award to a subrecipient to carry out a federal program." f. "Nonfederal Entity" is defined as a state local governme t or nonprofit organization (as defined in federal Circular A-133). g. "Cognizant State Agency" shall mean a state agency that h s 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 fu ds are received from more than one state agency, the cognizant state agency shall be the ag ncy who contributes the largest portion of federal financial assistance to the subrecipient u less the designation has been reassigned to a different state agency by mutual agreement. h. "Federal Financial Assistance"— Assistance that nonfeder I entities receive or administer in the form of grants, loans, loan guarantees, property (incl ding donated surplus property), cooperative agreements, interest subsidies, insurance, food mmodities, direct appropriations or other assistance. It does not include amounts received f r provision of vendor services to federal agencies or reimbursement for services rendered dire c ly to individuals. i. "Grant"- For the purposes herein, the term"grant" may be us d to mean "contracts"or"grants" or"agreements". j. "CFDA Number" — The five-digit number assigned to a federal assistance program in the federal Catalog of Federal Domestic Assistance (CFDA) or, i the absence of a catalog defined number, the number defined by instructions from the federal a dit clearinghouse. k. "CFR"— Code of Federal Regulations I. "OMB"—Office of Management and Budget M. "RCW"- Revised Code of Washington n "WAC"-Washington Administrative Code. FFY07 Homeland Security Grant Program Page 5 of 18 King County OEM Page 23 of 36 E08-196 2. SUBRECIPIENT MONITORING FFY07-SHSP-TE-001 a. The Department, as a Recipient and/or Pass-Through Entity, receives* federal financial assistance under federal programs and is charged with maint ining compliance with federal, and state laws and regulations regarding the monitoring, d cumentation, and auditing of subrecipient grant activities using federal financial ass' tance. Management and implementation guidelines for the federal programs ensure c mpliance with statutes, grant guidelines, the sub-award agreement, Office of Management and Budget (OMB) circulars (including OMB Circular A-133), subrecipient audits, and other uidance found in the Federal Register. The Department shall adhere to its Subrecip'e t Monitoring Policy and the Subrecipient Monitoring Procedures (WMD Policy number 00-0 5-05.) b. The Contractor shall perform under the terms of the con ract and the Department has responsibility for reasonable and necessary monitoring of the Contractor's performance. The Department shall conduct contract monitoring activities on a regular basis. Monitoring is defined as any planned, ongoing, or periodic activity that measures an ensures contractor compliance with the terms, conditions, and requirements of a contract. Monitoring involves prudent collection of information about C ntractor operations and is not limited to site visits or the completion of formal reviews. on'toring may include periodic contractor reporting to the Department, Department review o audit reports, invoice reviews, onsite reviews and observations, and surveys. Adequate ocumentation is essential for effective contract monitoring and will include copies of letters, meeting notes, and records of phone conversations as evidence that conscientious monitorin has occurred during the period of the contract. Subrecipient monitoring will occur throughout t e year rather than relying solely on a once-a-year audit. The Contractor agrees to cooperate wi h all monitoring activities and to comply with reporting requirements. The Department as the Recipient and/or Pass-Through Entity will conduct on-site visits as appropriate and required by contract for "for-profit' subrecipi nts, since the A-133 Single Audit does not apply to"for-profit'organizations. 3. RECORDS, MONITORING AND AUDIT ACCESS a. The Contractor shall cooperate with and fully participate in all monitoring or evaluation activities that are pertinent to this contract. b. Access to public records-The Contractor acknowledges that the Department is subject to the Public Records Act, Chapter 42.56 RCW, and that records prepared owned, used or retained by the Department relating to the conduct of governmen or the performance of any governmental or proprietary function are available for public inspection and copying, except as exempt under RCW 42.56 or other statute which exempts or prohibits disclosure of specific information or records. C. The Contractor shall maintain all books, records, documents, d to and other evidence relating to this contract and the provision of any materials, supplies, s rvices and/or equipment under this contract herein, including, but not limited to, records of acco nting procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this contract. At no additional cost, these records, including materials generated under the contract, shall be subject at all reasonable times to nspection, review and audit by personnel duly authorized by the Department, the Washingt n State Auditor's Office, and federal officials so authorized by law, rule, regulation, or contract. The Contractor will retain all books, records, documents, and other materials relevant to this contract and make them available for inspection, review or audit for six (6) years from th end date of this contract, date of final payment or conclusion of services performed under this ntractor, whichever is later. If any litigation, claim or audit is started before the expiration of th six(6) year period, the records shall be retained until final resolution of all litigation, claims, or audit findings involving the records. FFY07 Homeland Security Grant Program Page 6 of 18 King County OEM Page 24 of 36 E08-196 d. Cdntractor shall provide right of access to its facilities and reco s to the DepartrW8?-1hFcTg-01 other authorized agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performan e, compliance, and/or quality assurance under this contract. 4. SINGLE AUDIT ACT REQUIREMENTS (INCLUDING ALL AMENDME TS) Non-federal entities as subrecipients that expend $500,000 or more in ne fiscal year of federal funds from all sources, direct and indirect, are required to have a single or a pr gram-specific audit conducted in accordance with the Office of Management and Budget (OMB) Circul r A-133-Audits of States, Local Governments, and Non-Profit Organizations (revised June 27, 2003, ective for fiscal years ending after December 31, 2003). Non-federal entities that spend less than $5 0,000 a year in federal awards are exempt from federal audit requirements for that year, except as noted in Circular No. A-133. Circular A-133 is available on the OMB Home Page at hftr)://www.o b. ov and then select"Grants Management'followed by"Circulars". Contractors required to have an audit must ensure the audit is perform d in accordance with Generally Accepted Auditing Standards (GARS) as found in the Government A dating Standards (the Revised Yellow Book) developed by the Comptroller General and the OMB ompliance Supplement. The Contractor has the responsibility of notifying the Washington State Au it )es Office and requesting an audit. Costs of the audit may be an allowable grant expenditure. The Contractor shall maintain auditable records and accounts so as to facilitate the audit requirement and shall ensure that any subcontractors also maintain auditable record . 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 resp nd to Department requests for information or corrective action concerning audit issues or findings ithin 30 days of the date of request. The Department reserves the right to recover from the ontractor all disallowed costs resulting from the audit. Once the single audit has been completed, the Contractor must sen a full copy of the audit to the Department and a letter stating there were no findings, or if there Were findings, the letter should provide a list of the findings. The Contractor must send the audit and the letter no later than nine (9) months after the end of the Contractor's fiscal year(s)to: Accounting Manager Washington Military Department Finance Division, Building#1 TA-20 Camp Murray,WA 98430-5032 In addition to sending a copy of the audit, the Contractor must include a corrective action plan for any audit findings and a copy of the management letter if one was received. The Contractor shall include the above audit requirements in any subco tracts. 5. RECAPTURE PROVISIONS In the event that the Contractor fails to expend funds under this contra in accordance with applicable state and federal laws and/or the provisions of this contract, the D partment reserves the right tar recapture funds in an amount equivalent to the extent of the nonco pliance 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)ye rs following contract termination or audit resolution, whichever is later. Repayment by the Contract r of funds under this recapture provision shall occur within 30 days of demand. The Departme t is required to institute legal proceedings to enforce the recapture provision. 6. COMPLIANCE WITH APPLICABLE LAW The Contractor and all subcontractors shall comply with all applicable ederal, state, tribal government, and local laws, regulations, and policies. FFY07 Homeland Security Grant Program Page 7 of 18 King County OEM Page 25 of 36 E08-196 This obligation includes, but is not limited to, compliance with Ethics I Public Service (RW4055W,01 Covenant Against Contingent Fees (48 C.F.R. § 52.203-5); Public Re�rds Act (RCW 42.56); Drug- Free Workplace Act of 1988 (41 U.S.C. § 701 et seq. and 15 C.F.R. Pa 29); Lobbying Restrictions (31 U.S.C. § 1352 and 15 C.F.R. Part 28); and safety and health regula ions. The Department is not responsible for advising the Contractor about, or determining the ontractor's compliance with, applicable laws, regulations and policies. In the event of the Contractor's or a subcontractor's noncompliance r refusal to comply with any applicable law, regulation or policy, the Department may rescind, can 1, or terminate the contract in whole or in part. The Contractor is responsible for any and all co is or liability arising from the Contractor's failure to comply with applicable law, regulation or policy. 7. NONDISCRIMINATION During the performance of this contract, the Contractor shall comply with all federal and state nondiscrimination statutes and regulations. These requirements include, but are not limited to: a. Nondiscrimination in Employment: The Contractor shall not discriminate against any employee or applicant for employment because of race, color, sex, sexu I orientation, religion, national origin, creed, marital status, age, Vietnam era or disabled vete ans status, or the presence of any sensory, mental, or physical handicap. Such action shall in Jude, but not be limited to, the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment selection for training, including apprenticeships and volunteers. This requirement does not apply, however, to a religious corporation, association, educational institution or society with respect to the employment of individuals of a particular religion to pert rm work connected with the carrying on by such corporation, association, educational instituti n or society of its activities. b. Nondiscrimination laws and policies (such as RCW 491.60, Washington's Law Against Discrimination, and Title VII of the Civil Rights Act). 8. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LA 101-336, 42 U.S.C. § 12101 et seq. and 28 C.F.R Part 35 and other implementing regulations. The ntractor must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunication. 9. UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISE (MWBE) The Contractor is encouraged to utilize firms that are certified by t e Washington State Office of Minority and Women's Business Enterprises as minority-owned and/or women-owned in carrying out the purposes of this contract. 10. PUBLICITY The Contractor agrees to submit to the Department all advertising and ublicity relating to this contract wherein the Department's name is mentioned or language used fro which the connection of the Department's name may, in the Department's judgment, be inferred or i plied. The Contractor agrees not to publish or use such advertising and publicity without the prior writt n consent of the Department. 11. DISCLOSURE The use or disclosure by any party of any information concerning the epartment for any purpose not directly connected with the administration of the Department's or the ontractor's responsibilities with respect to services provided under this contract is prohibited except y prior written consent of the Department. 12. CERTIFICATION REGARDING DEBARMENT SUSPENSION OR INE IGIBILITY If federal funds are the basis for this contract, the Contractor certifies th t neither the Contractor nor its principals are presently debarred, suspended, proposed for deba ent, declared ineligible, or voluntarily excluded from participating in this contract by any fede al department or agency. If requested by the Department, the Contractor shall complete and ign a Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion form. A y such form completed by the Contractor for this Contract shall be incorporated into this Contract by re erence. FFY07 Homeland Security Grant Program Page 8 of 18 King County OEM Page 26 of 36 E08-196 Further, the Contractor agrees not to enter into any arrangements or co tracts related to Mcg1fMWMf01 any party that is on the "General Service Administration List of P rties Excluded from Federal Procurement or Non-procurement Programs"which can be found at a ls, ov. 13. LIMITATION OF AUTHORITY--"Authorized Signature" The signatories to this contract represent that they have the au ority to bind their respective organizations to this contract. Only the assigned Authorized Signature or 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 co tract is not effective or binding unless made in writing and signed by the Authorized Signature(s). 14. CONTRACTOR NOT EMPLOYEE—INDEPENDENT STATUS OF CO TRACTOR The parties intend that an independent contractor relationship will be created by this contract. The Contractor and/or employees or agents performing under this contract re not employees or agents of the Department in any manner whatsoever, and will hot be presente as nor claim to be officers or employees of the Department or of the State of Washington by reaso hereof, nor will the Contractor and/or employees or agents performing under this contract make any laim, demand, or application to or for any right, privilege or benefit applicable to an officer or emplo a of the Department or of the State of Washington, including, but not limited to, Worker's Cornpen ation coverage, unemployment insurance benefits, social security benefits, retirement membership r credit, or privilege or benefit which would accrue to a civil service employee under Chapter 41.06 R W. It is understood that if the Contractor is another state department, sta agency, state university, state college, state community college, state board, or state commission, tha 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 Washingto State agency, the Department shall obtain proper approval from the employing agency or institution. A statement of "no conflict of interest"shall be submitted to the Department. 15. NONASSIGNABILiTY This contract, the work to be provided under this contract, and any lairn arising thereunder, are not assignable or delegable by either party in whole or in part, without th 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 su contracts for any of the work contemplated under this contract without obtaining prior written appro al of the Department. Contractor shall use a competitive process in award of any contracts with subcon ractors that are entered into after original contract award, All subcontracts entered into pursuant to It is contract shall incorporate this contract in full by reference. In no event shall the existence of the ubcontract operate to release or reduce the liability -of the Contractor to the Department for any beach in the performance of the Contractor's duties. The Military Department may request a copy f any and/or all subcontracts for worts being completed under this contract. 17. CONTRACT MODIFICATIONS The Department and the Contractor may, from time to time, request changes to the contract or grant. Any such changes that are mutually agreed upon by the Depa ent and the Contractor shall be incorporated herein by written amendment to this contract. It is mu ally agreed and understood that no alteration or variation of the terms of this contract shall be valid unl ss made in writing and signed by the parties hereto, and that any oral understanding or agreemen not Incorporated herein, unless made in writing and signed by the parties hereto, shall not be binding. 18. SEVERABILiTY In the event any term or condition of this contract, any provision of any document incorporated by reference, or application of this contract to any person or circumsta ces is held invalid, such invalidity shall not affect other terms, conditions, or applications of this contra which can be given effect without the invalid term, condition, or application. To this end, the terms nd conditions of this contract are declared severable. FFY07 Homeland Security Grant Program Page 9 of 18 King County OEM Page 27 of 36 E08-196 19. ADVANCE PAYMENTS PROHIBITED FF 07-SHSP-TE-001 The Department shall make no payments in advance or in anticipation of goods or services to be provided under this contract. Contractor shall not invoice the Department in advance of delivery of such goods or services. 20. TAXES, FEES AND LICENSES Unless otherwise provided in this contract, the Contractor shall pay for a d maintain in current status all taxes, unemployment contributions, fees, licenses, assessments, permi charges and expenses of any other kind for the Contractor or its staff required by statute or regulation that are necessary for contract performance. 21. TRAVEL AND SUBSISTENCE REIMBURSEMENT Unless the contract specifically provides for different rates, any travel or subsistence reimbursement allowed under the contract shall be paid in accordance with rates set p rsuant to RCW 43.03.050 and RCW 43.03.060 as now existing or amended. The Contractor may be required to provide to the Department copies of receipts for any travel related expenses other tha meals and mileage (example: parking lots that do not provide receipts)that are authorized under this ntract. 22. GOVERNING LAW AND VENUE This contract shall be construed and enforced in accordance with, a d the validity and performance hereof shall be governed by, the laws of the state of Washington. enue of any suit between the parties arising out of this contract shall be the Superior Court of Thursto County, Washington. 23. HOLD HARMLESS AND INDEMNIFICATION Each party to this contract shall be responsible for injury to persons r damage to property resulting from negligence on the part of itself, its employees, agents, officers, r subcontractors. Neither party assumes any responsibility to the other party for the consequences of any act or omission of any third party. 24. WAIVER OF DEFAULT Waiver of any default or breach shall not be deemed to be a waiver of any other or subsequent default or breach. Any waiver shall not be construed to be a modification of a terms of this contract unless stated to be such in writing signed by The Adjutant General or t e Authorized Signature for the Department and attached to the original contract. 25. DISPUTES The parties shall make every effort to resolve disputes arising out of o relating to this contract through discussion and negotiation. Should discussion and negotiation fail t resolve a dispute arising under this contract, the parties shall select a dispute resolution team to res Ive the dispute. The team shall consist of a representative appointed by each party and a third repres ntative mutually agreed upon by both parties. The team shall attempt, by majority vote, to resolve the dispute. Both parties agree that this disputes process shall precede any ac ion in a judicial or quasi-judicial tribunal. Nothing in this section shall preclude the parties from mutu Ily 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 contr ct terms, or alternative dispute resolution process, each party agrees to bear its own attorney's fees nd costs. 27. LOSS OR REDUCTION OF FUNDING In the event funding from state, federal, or other sources is withdra n, reduced, or limited in any way after the effective date of this contract and prior to normal completio , the Department may reduce its scope of work and budget or unilaterally terminate all or part of t e contract as a "Termination for Cause", without providing the Contractor an opportunity to cure. Alternatively, the parties may renegotiate the terms of this contract under "Contract Modificati S" to comply with new funding limitations and conditions, although the Department has no obligation to do so. FFY07 Homeland Security Grant Program Page 10 of 18 King County OEM Page 28 of 36 E08-196 28. TERMINATION OR SUSPENSION FOR CAUSE FFY07-SHSP-TE-001 In the event the Department, in its sole discretion, determines the Co tractor has failed to fulfill in a timely and proper manner its obligations under this contract, is in an un ound financial condition so as to endanger performance hereunder, is in violation of any laws or regula ions 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 Department has the right to immedia ely suspend or terminate this contract in whole or in part. The Department may notify the Contractor in writing of the need to take corrective action and provide a period of time in which to cure. The Department is not required to allo the Contractor an opportunity to cure if it is not feasible as determined solely within the Department's iscretion. Any time allowed for cure shall not diminish or eliminate the Contractor's liability for damag s or otherwise affect any other remedies available to the Department. If the Department allows the Co tractor an opportunity to cure, the Department 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 otherm a specified by the Department, or if such corrective action is deemed by the Department to be insufficient, the contract may be terminated in whole or in part. The Department reserves the right to suspend all or part of the contract, withhold further payments, or prohibit the Contractor from incurring additional obligations of funds du ing investigation of the alleged compliance breach, pending corrective action by the Contractor, if allow d, or pending a decision by the Department to terminate the contract in whole or in part. In the event of termination, the Contractor shall be liable for all damages as authorized by law, including but not limited to, any cost difference between the original contract nd the replacement or cover contract and all administrative costs directly related to the repla ment contract, e.g., cost of administering the competitive solicitation process, mailing, advertising nd other associated staff time. The rights and remedies of the Department provided for in this section shall not be exclusive and are in addition to any other rights and remedies provided by law. If it is determined that the Contractor: (1)was not in default or material reach, or(2) failure to perform was outside of the Contractor's control, fault or negligence, the termination shall be deemed to be a "Termination for Convenience". 29. TERMINATION FOR CONVENIENCE Notwithstanding any provisions of this contract, the Contractor may ter inate this contract by providing written notice of such termination to the Department's Key Perso nel identified in the contract, specifying the effective date thereof, at least thirty(30)days prior to suc date. Except as otherwise provided in this contract, the Department, in its ole discretion and in the best interests of the State of Washington, may terminate this contract in w ole or in part by providing ten (10) calendar days written notice, beginning on the second day after ailing to the Contractor. Upon notice of termination for convenience, the Department reserves the rig t to suspend all or part of the contract, withhold further payments, or prohibit the Contractor from in using additional obligations of funds. In the event of termination, the Contractor shall be liable for all amages as authorized by law. The rights and remedies of the Department provided for in this section shall not be exclusive and are in addition to any other rights and remedies provided by law. 30. TERMINATION PROCEDURES In addition to the procedures set forth below, if the Department terming es this contract, the Contractor shall follow any procedures specified in the termination notice. Upon to ination of this contract and in addition to any other rights provided in this contract, the Department may require the Contractor to deliver to the Department any property specifically produced or accq d for the performance of such part of this contract as has been terminated. If the termination is for convenience, the Department shall pay to the C ntractor the agreed upon price, if separately stated, for properly authorized and completed work and services rendered or goods delivered to and accepted by the Department prior to the effective date of contract termination,and the FFY07 Homeland Security Grant Program Page 11 of 18 King County OEM Page 29 of 36 E08-196 amount agreed upon by the Contractor and the Department for(i) completed work and s&fViFRVRd-Td-P01 equipment or supplies provided for which no separate price is stated, (ii) partially completed work and services and/or equipment or supplies provided which are accepted by he Department, (iii) other work, services and/or equipment or supplies which are accepted by the Department, and (iv) the protection and preservation of property. Failure to agree with such amounts shall be a dispute within the mear Ing of the "Disputes" clause of this contract. If the termination is for cause, the Department shall deter nine the extent of the liability of the Department. The Department shall have no other obligation to the ontractor for termination. The Department may withhold from any amounts due the Contractor uch sum as the Department determines to be necessary to protect the Department against potential oss or liability. The rights and remedies of the Department provided in this contract s all not be exclusive and are in addition to any other rights and remedies provided by law. After receipt of a notice of termination, and except as otherwise directed by the Department in writing, the Contractor shall: a. Stop work under the contract on the date, and to the extent specified, in the notice; b. Place no further orders or subcontracts for materials, services, supplies, equipment and/or facilities in relation to this contract except as may be necessary f r completion of such portion of the work under the contract as is not terminated; C. Assign to the Department, in the manner, at the times, and to the extent directed by the Department, all of the rights, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case the Department has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; d. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the Department to the extent the Department may require, which approval or ratification shall be final for all the purposes of this clause; e. Transfer title to the Department and deliver in the manner, at the times, and to the extent directed by the Department any property which, if the contract N d been completed, would have been required to be furnished to the Department; f. Complete performance of such part of the work as shall not have been terminated by the Department in compliance with all contractual requirements; and g. Take such action as may be necessary, or as the Department 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 Department has or may acquire an interest. AAG Approved 9/12/2007 FFY07 Homeland Security Grant Program Page 12 of 18 King County OEM Page 30 of 36 E08-196 FFY071b01 Statement of Work FFY 2007 State Homeland Security Program INTRODUCTION: The Washington State Military Department Emergency Management Divisi n's (EMD) Homeland Security Section is responsible for programs designed to prepare and improve the State's ability to respond to a Chemical, Biological, Radiological, Nuclear and Explosive (CBRNE) attack. Through the FFY07 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP)the Department is providing funds to enhance the capability of state and local units of government to prevent, deter, respond to, and recover from incidents of terrorism. The FFY07 grant guidance also provides funding for planning, training, and exercise activities related to catastrophic events,when the benefit to terrorism preparedness can be justified. King County Office of Emergency Management(herein known as the Contractor)agrees to the following tasks: GENERAL PROGRAM REQUIREMENTS: 1. Work closely with the established Regional Homeland Security Council to develop a strategy and subsequent budget for the use of these funds. The implementation of the projects or activities associated with these funds will be coordinated with the counties, cities, and the tribal governments located within the established region. 2. Prepare and submit a Bi-Annual Strategy Implementation Report (B IR), via the web-based grant reporting tool. Failure to meet all of the reporting deadlines outlined in the Milestone and Timeline Schedule will prohibit the Contractor from being reimbursed while reports are outstanding. 3. Electronically submit progress reports. Failure to meet all of the reporting deadlines outlined in the Timeline will prohibit the Contractor from being reimbursed and will put a freeze on the processing of equipment approvals, while reports are outstanding. .' 4. Adhere to all financial and procurement guidance, including competitive processes and other procurement requirements as documented in the Department of Homeland Security Financial Guide found at hftp://www.dhs.gov/xlibrary/assets/Grants Financial Mana eme tGuide. df. Local and state procurement and contracting regulations take precedent over these requirements when local and state regulations are more stringent. • Adhere to OGT requirements that all sole source contracts over$100 000 be reviewed and approved by the Department prior to execution of a contract. This requirement must be passed on to all of the Contractor's sub-contractors, at which point the Contractor will be responsible for reviewing and approving their sub-contractors'sole source justifications. • Adhere to OGT requirements that all contracts with individual consultants, that are not competitively bid, and where the consultant will be charging an excess of $450 per day (excluding travel and subsistence) must be approved by the Department before the contract is executed. This requirement must be passed on to all of the Contractor's sub-contractors, at wh ch point the Contractor will be responsible for reviewing and approving their sub-contractors' contra . 5. The Contractor is required to.ensure that all of their sub-grantees and su contractors are in compliance with the FFY07 Homeland Security Grant Guidance through monitoring of expenditures and periodic reviews of equipment inventories. 6. Plan and implement equipment purchases, exercises, training, panning and management & administration in accordance with the FFY07 Homeland Security Grant Program Guidance, which can be found at http://www.oiP.usdoi.gov/odP/grants hsgp.htm, as well as all subsequent policy changes. 7. All activities under this contract must have a clear correlation to the goals, objectives, and priorities identified in the Washington State Strategic Plan and corresponding Investment Justifications submitted in the FFY07 grant application. FFY07 Homeland Security Grant Program Page 13 of 18 King County OEM Page 31 of 36 E08-196 8. If purchasing equipment, the Contractor must meet the following requirem nts: FFY07-SHSP-TE-001 • Be in compliance with the OGT Authorized Equipment List(AEL), as d tailed at: htt p://www 1.rkb.mi pt.o rg/. • Submit all proposed equipment purchases to the Committee on Ho eland Security, Sub-committee on Equipment to ensure that the requested equipment is on the AE , is aligned with the statewide equipment purchasing strategy, and submit to OGT if necessary. ■ No reimbursement for purchased equipment will occur until t e appropriate approvals have been obtained. ■ The overall equipment budget can not be exceeded and ove expenditures for any reason, including additional cost of sales tax, shipping, or installation, ill be the responsibility of the Contractor. • Determine whether or not it is in the best interest of the Contractor to ake purchases using their own procurement process or ask the Department to make purchases on th it behalf. • Make a request to the Department in writing that authorizes the De artment to de-obligate funding from the Contractor's contract and use the state's procurement pro ess and contracts to purchase equipment on behalf of the Contractor. This will necessitate an ame dment 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 shi ped to a location designated by the Contractor. 9. Exercises that are implemented with grant funds must meet the requir ments of the FFY07 Homeland Security Grant Program Guidance, be threat and performance based, a should evaluate performance of critical prevention and response tasks required to respond to the exe use scenario. Upon completion of the exercise, an After Action Report and an Improvement Plan must prepared and submitted to the Department within 60 days of completion of the exercise. Final reimbur ement for related expenditures can not be made until this requirement has been'met. 10. The Contractor understands National Incident Management System ( IMS) compliance is required to receive Federal preparedness assistance grants beginning October 1, 2 06. The Contractor certifies, by signing this agreement, that the contractor and its principals have met NIMS compliance requirements and state reporting requirements for Federal Fiscal Year 2006 (FFY06) nd shall meet NIMS compliance requirements and state reporting requirements for subsequent f deral fiscal years during the performance period of this contract. The NIMS Integratio Center (NIC) web page, http://www.fema.gov/emergency/nims provides information about NIMS and guidance to determine the extent to which jurisdictions are already compliant, as well as identify t e NIMS requirements that have not been met. The Contractor and its principals are required to eport NIMS compliance to the Department via the online form available on the Department's homepag http://www.emri wa.gov/. 11. The Contractor may not exceed 5% of the total grant award on anagement and Administrative expenditures. 12. Complete all work under the contract by the contract end date, to includ receipt of equipment items. 13. Submit at a maximum monthly and a minimum quarterly, signed and pproved invoice vouchers (State Form A-19)to the Department for costs incurred. • No costs will be paid in advance of their being incurred by the Cont ctor. • No equipment costs will be reimbursed until the equipment has be n received by the Contractor and invoiced by the vendor. • Each A-19 will be accompanied by a spreadsheet detailing the expenditure's. Related financial documents and invoices must be kept on file by the Contractor an be made available upon request to the Department, and local, state, or federal auditors. • Requests for reimbursement of equipment purchases will include a copy of the vendor's invoice and packing slip or a statement signed and dated by the Contracto 's authorized representative that states "all items invoiced have been received in good working ord r, are operational, and have been inventoried according to contract and local procurement requireme is" . FFY07 Homeland Security Grant Program Page 14 of 18 King County OEM Page 32 of 36 E08-196 I All contract work must end on the contract end date, however the Contractor has up toF4gosPaTfepo7 the contract end date to submit all final billing. • No travel or subsistence costs, including lodging and meals, reimbursed under this contract may exceed federal maximum rates which can be found at www.gsa.gov. CONTRACTOR TASKS: 1. Provide technical assistance to local communities as necessary to enable the jurisdiction to successfully meet the requirements and intent of the SHSP grant. 2. Attend and participate in the monthly Regional Coordination meeting. 3. -Manage and administer the FFY07 SHSP Grant Program. 4. Report accomplishments on project deliverables, as may apply, including: a. NIMS/NRP compliance and implementation; b. Development and implementation of Regional Coordination prep redness, prevention, response and recovery plans, assessments, networking, protocols and proce ures completed for Region 6; c. Development and implementation of Training and Exercise Prog ams within Region 6, including training and exercises completed and number of participants; d. Enhancement of interoperable communications within Region 6 ncluding equipment purchased, installed, tested, trainings conducted and exercises completed; e. Development and implementation of Citizen Preparedness Progra s; f. Equipment purchased. 5. If necessary, hire a Subcontractor to assist in accomplishing the contract t sks. THE MILITARY DEPARTMENT AGREES TO: 1. Provide technical assistance, expertise, and state coordination with OGT where necessary. 2. Reimburse the Contractor within 45 days of receipt and approval of sign d, dated invoice vouchers (state form A-19) and all documentation of expenditures as required. FFY07 Homeland Security Grant Program Page 15 of 18 King County OEM Page 33 of 36 E08-196 FFY07-SHSP-TE-001 MILESTONE TIMELINE IFFY 2007 State Homeland Security Program MILESTONE TASK July 1, 2007 Start of grant performance period September 2007 Submission of Initial Strategy Implementation Plan (ISIP) October 2007 Contract Execution January 15, 2008 Submission of Bi-annual Strategy Impie entation Report(BSIR) & Progress Report July 15, 2008 Submission of Bi-annual Strategy Impl mentation Report(BSIR) & Progress Report January 15, 2009 Submission of Bi-annual Strategy Impl mentation Report (BSIR) & Progress Report July 15, 2009 Submission of Bi-annual Strategy Impi mentation Report(BSIR) & Progress Report September 30, 2009 Termination of the contract performan ; all work must end under this contract. No later than November 14, 2009 Submit all final reports, invoices for reimbursement and/or deliverables. FFY07 Homeland Security Grant Program Page 16 of 18 King County OEM Page 34 of 36 E08-196 FFY07tVfifbTfd01 BUDGET SHEET IFFY 2007 State Homeland Security Program PLANNING Sub-Category Funding Source: 773SU Salaries&Benefits $ 331,000 Consultants/Sub-Contracting $ 400,000 Goods&Services $ 136,500 Travel&Per Diem $ 3,500 Pass Thru $ 178,000 Other-Indirect $ - Total $ 1,049,000 TRAINING Sub-Category Funding Source: 773ST Salaries&Benefits $ - Overtime $ - Consultants/Sub-Contracting $ - Goods&Services $ - Travel&Per Diem $ - Pass Thru $ 210,000 Other $ - Total $ 210,000 EXERCISE Sub-Category Funding Source: 773SQ Salaries&Benefits $ - Overtime $ - Consultants/Sub-Contracting $ - Goods&Services $ - Travel&Per Diem $ - Pass Thru $ 140,000 Other $ - Total $ 140,000,00 MANAGEMENT& ADMINISTRATION Sub-Category Funding Source: 773SA Salaries&Benefits $ 112,500 Consultants/Sub-Contracting $ - Goods&Services $ 4,039 Travel&Per Diem $ 1,000 Pass Thru $ - Other $ Total $ 117,539 EQUIPMENT $ 834,235 Funding Source: 7738S Total Budget $ 2,350,774 '1 Expenditures may only occur within the categories and sub-categories listed above. H ver,bhanges of up to 100/0 can be made without prior approval from the Department. Changes that exceed 10%will require a Contractor submit a budget change request to the Department for approval. r2•G&T Grant program requirements affirm that federal funds will be used to supplement e ' ling funds,and will not replace (supplant)funds that have been appropriated for the same purpose. F3•Management and Administration expenditures cannot exceed 5%of the total contract am unt. FFY07 Homeland Security Grant Program Page 17 of 18 King County OEM Page 35 of 36 E08-196 t FFY07tSVRF0-Tfd01 DEPARTMENT PURCHASED EQUIPMENT' FFY 2007 State Homeland Security Prograin Upon approval of the Contractor, the Department will purchase the following equipment on behalf of the Contractor. The Department will reimburse the vendor and the equipment will be drop shipped to a location designated by the Contractor. Equipment Category Date Item Discipline Approved Purchased For Total amount de-obligated under this contract: $ FFY07 Homeland Security Grant Program Page 18 of 18 King County OEM Page 36 of 36 E08-196 EXHIBIT C INSURANCE & INDEMNITY REQUIREMENTS No Insurance is required for this Contract. REQUEST FOR MAYO 'S SIGNATURE KEN T Please Fill in All Applicab`e Boxes WASHINGTON Routing Information (ALL REQUESTS MUST FIRST BE.ROUTED THROUGH THE LAW DEPARTMENT) Originator: �.. Phone (Originator) Date Sent: �� Date Required: _ �g Return Signed Document to: f CONTRACT TERM NATION DATE: _ [VENDOR NAME: ca,G DATE OF COUNC L APPROVAL: Brief q�Explanation of Document: F—F y07—S Cap All Contracts Must Be Routed Through the Law Department (This Area to be Completed By the Law Department) Received: RECEIVED Approval of Law Dept.: MAY 2 8 2008 Law Dept. Comments: KENT LAW DEPT Date Forwarded to Mayor: Shaded Areas to Be Completed by Administration Staff Received: Recommendations & Comments: Disposition: � �, � Date Returned: Iage5870 • 3/05