HomeMy WebLinkAboutFD08-123 - Original - King County Office of Emergency Management - Homeland Security Subgrant: Moulage Training - 08/01/2007 Records M en� e
KE 'No T Document
W A 9 H I N O T O N
CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission to City Clerks Office. All
portions are to be completed, if you have questions, please contact Mary Simmons, City
Clerks Office.
Vendor Name: K m
Contract Number: rJ)e0g - 1A3
This is assigned by Mary Simmons
Vendor Number: T'2>
Project Name: o C)
Contract Effective Date:
Contract Termination Date: — C)
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: 7m l
Department:
Abstract:
ADCL7832 07/02
FFY06-SHSP-CC-010
King County Office of Emergency Management
HOMELAND SECURITY SUBGRANT AGREEMENT
PROJECT TITLE: Moulage Training
THIS AGREEMENT is made and entered into by and between King County and the City of Kent
Emergency Management, hereinafter "Subgrantee", for the express purposes set forth in the
following provisions of this Agreement.
It is understood that funding for this Agreement has been granted to King County by the United
States Department of Homeland Security (DHS) through the Washington State Military
Department, Emergency Management Division (EMD). The funding source of the grant is the
FFY06 State Homeland Security Grant Program, Catalog of Federal Domestic Assistance
(CFDA)#97.067-SHSP, State Contract#E07-174.
Neither the DHS nor the Federal Government shall be a party to any subagreement nor to
any solicitations or request for proposals. This Agreement shall be subject to the applicable
grant contract between DHS and EMD and the subgrant contract between EMD and King
County. The Subgrantee agrees not to perform any act, fail to perform any act, or refuse to
comply with any King County requests that would cause King County to be in violation of the
DHS and EMD grant terms and conditions, a copy of which is attached hereto as Exhibit D.
NOW THEREFORE, King County and the Subgrantee mutually agree as follows:
1. SCOPE OF WORK AND BUDGET
The Subgrantee will accomplish the work and tasks as set forth in this Agreement and the
Scope of Work, Project Timeline, and Deliverables (attached hereto as Exhibit A) and Budget
(Exhibit B).
2. PERIOD OF PERFORMANCE
Subject to other Agreement provisions, the period of performance under this Agreement will be
from August 1, 2007 to February 29, 2008. All work must be satisfactorily completed, and all
invoices, reports, and deliverables must be submitted, by the end of this Period of Performance.
3. CONTRACT REPRESENTATIVES
King County's Project Manager on this Agreement shall be Christa Valverde-Program/Project
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 Kimberly Behymer - Program
Coordinator who will be the contact person for all communications regarding the conduct of
work under this Agreement and who will ensure that all terms of the Agreement are met.
Any notice required or permitted under this Agreement shall be deemed sufficiently given or
served if sent to King County or the Subgrantee at the addresses provided on the next page:
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FFY06-SHSP-CC-010
If to King County:
Christa Valverde
King County Office of Emergency Management
3511 NE 2"d Street
Renton, WA 98056
206-296-3830
christa.valverde@kingcounty.gov
If to the Subgrantee:
Kimberly Behymer
24611 116 Ave SE, Kent,WA 98030
PH: (253) 856-4343
kbehymer@ci.kent.wa.us
4. REIMBURSEMENT REQUESTS AND PAYMENT
This is a reimbursement contract not to exceed $ 2,200.00 (two thousand two hundred dollars
and zero dents)with compensation payable to the Subgrantee for satisfactory performance of
the work under this Agreement. Payment for satisfactory performance of the work shall not
exceed this amount unless the parties mutually agree in writing to a higher amount prior to the
commencement of any work which will cause the maximum payment to be exceeded.
Compensation for satisfactory work performance shall be payable upon receipt of properly
completed Invoice and Progress Report forms, which will be provided to the Subgrantee
subsequent to execution of this Agreement. Invoices for eligible costs incurred to date may be
submitted monthly or quarterly. Supporting documentation is required for reimbursement of all
expenses related to the Scope of Work and Budget in Exhibits A and B. Supporting
documentation includes, but is not limited to, paid invoices to vendors, paid expense claim
forms, canceled checks, etc. The documentation must also include the date of payment by the
Subgrantee to ensure that the work was completed within the subgrant period of performance.
King County may also require the Subgrantee to document that funding governed by this
Agreement is not being used to replace or supplant existing programs, staff costs, activities
and/or equipment.
Payment shall be considered timely if mailed by King County to the Subgrantee within thirty(30)
calendar days after receipt of properly completed invoices. Payment shall be sent to the
address designated by the Subgrantee on the invoice form. King County may, at its sole
discretion, withhold payments claimed by the Subgrantee for services rendered if King County
has determined that the Subgrantee has failed to satisfactorily comply with any term or
condition of this Agreement.
King County does not incur liability for any payment to the Subgrantee that is subsequently
disallowed by State or Federal granting agencies. King County reserves the right to withhold or
recoup payment for work or activities determined by funding agencies to be ineligible for
reimbursement.
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FFY06-SHSP-CC-010
5. REPORTING REQUIREMENTS
Each request for reimbursement, whether submitted monthly or quarterly, will be accompanied
by a narrative progress report. Reports must include the Subgrantee's progress in
implementing the scope of work, including any problems encountered and possible cost
overruns or underruns.
6. RECORDS MAINTENANCE
The Subgrantee shall maintain accounts and records, including personnel, financial, and
programmatic records, and other such records as may be deemed necessary by King County,
to ensure proper accounting for all project funds and compliance with this Agreement. All such
records shall sufficiently and properly reflect all direct and indirect costs of any nature expended
and service provided in the performance of this Agreement. These records shall be maintained
for a period of six (6) years after subgrant close-out, and shall be subject to inspection, review
or audit by King County and/or by State or Federal officials as so authorized by law.
7. COMPLIANCE WITH APPLICABLE LAWS
The Subgrantee shall be responsible for following all applicable Federal, State and local laws,
ordinances, rules and regulations in the performance of work described herein. New federal
laws, regulations, policies and administrative practices may be established after the date this
Agreement is established and may apply to this Agreement. To achieve compliance with
changing federal requirements, the Subgrantee agrees to accept all changed requirements that
apply to this Agreement and to require compliance with changed requirements in all
subcontracts. Failure to comply shall constitute a material breach of this Agreement.
By entering into this Agreement the Subgrantee agrees to implement the National Incident
Management System (NIMS) per DHS requirements as outlined in the 2006 Homeland Security
Grant Program Guidelines.
The Subgrantee and all its subcontractors shall comply with, and DHS is not responsible for
determining compliance with, any and all applicable federal, state, and local laws, regulations,
and/or policies. This obligation includes, but is not limited to, laws, regulations and policies
listed in this section and in Exhibit E.
OMB Circulars
The Subgrantee shall comply with OMB Circular A-87, Cost Principles for State, Local, and
Indian Tribal Governments; OMB A-102, Grants and Cooperative Agreements with State and
Local Governments; and A-133, Audits of States, Local Governments, and Non-Profit
Organizations.
Singe Audit Act
Non-federal entities receiving financial assistance of$500,000 or more in Federal funds from all
sources, direct and indirect, are required to have a single or a program-specific audit conducted
in accordance with the U.S. Office of Management and Budget(OMB) (Revised June 27, 2003)
Circular A-133-Audits of States, Local Governments, and Non-Profit Organizations. Non-
federal entities that spend less than $500,000 a year in Federal awards are exempt from
Federal audit requirements for that year, except as noted in Circular No.A-133.
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FFY06-SHSP-CC-010
Entities required to have an audit must ensure the audit is performed in accordance with
Generally Accepted Auditing Standards (GARS), Government Auditing Standards (the Revised
Yellow Book)developed by the Comptroller General and the OMB Compliance Supplement.
The Subgrantee has the responsibility of notifying the State Auditor's Office and requesting an
audit, if required.
The Subgrantee shall maintain its records and accounts so as to facilitate the audit requirement
and shall ensure that any subrecipients or subcontractors also maintain auditable records.
The Subgrantee must send a letter stating there has been a single audit completed and there
were no findings or if there were findings, the letter should provide a list of the findings. In
addition to sending a copy of the audit, the Subgrantee must include a corrective action plan for
any audit findings and a copy of the management letter if one was received.
The Subgrantee must send this letter to King County no later than nine(9)months after the end
of the Subgrantee's fiscal year(s).
The Subgrantee shall include the above audit requirements in any subcontracts.
Certification Regarding Debarment, Suspension,or Ineligibility
If Federal funds are the basis for this contract, the Subgrantee certifies that neither it nor its
principals are presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in transactions by any Federal department or agency.
By signing and submitting this Agreement, the Subgrantee is providing the signed certification
set out below. The certification in this clause is a material representation of fact upon which
reliance was placed when this transaction was entered into. If it is later determined that the
Subgrantee knowingly rendered an erroneous certification, the Federal Government and
County may pursue available remedies, including suspension and/or debarment.
The Subgrantee shall provide immediate written notice to King County if at any time the
Subgrantee learns that its certification was erroneous when submitted or has become
erroneous by reason of changed circumstances.
The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered
transaction," "participant," "persons,""principal,""proposal,"and "voluntarily excluded,"as used
in this clause, have the meanings set out in the Definitions and Coverage sections of rules
implementing Executive Order 12549 [49 CFR Part 29].
The Subgrantee agrees by signing this Agreement that it shall not knowingly enter into any
covered transaction with a person or subcontractor who is debarred, suspended, declared
ineligible, or voluntarily excluded from participation in this covered transaction, unless
authorized in writing by King County.
The Subgrantee shall include the requirement in this section in any subcontracts.
8. AMENDMENTS
This Agreement may be amended only by written concurrence of both parties. Amendments to
Scope of Work will only be approved if the proposed amendment is consistent with State and
Federal granting agency rules. Up to ten percent (10%) of the total award amount may be
shifted between approved budget object codes as contained in Exhibit B. For amounts over ten
percent (10%),the Subgrantee must submit a written budget amendment request for approval.
Such requests will only be approved if the proposed change(s) is (are) consistent with and/or
achieve(s)the goals stated in the Scope of Work and falls within the grant requirements.
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FFY06-SHSP-CC-010
9. TERMINATION
This Agreement may be terminated by King County, in whole or in part,for convenience without
cause prior to the end of the Period of Performance, upon thirty (30) calendar days advance
written notice.
This Agreement may be terminated by either party, in whole or in part,for cause prior to the end
of the Period of Performance, upon thirty(30) calendar days advance written notice. Reasons
for termination for cause may include but not be limited to: material issues of nonperformance
misuse of funds, and/or failure to provide grant-related invoices, reports, or any requested
documentation.
If the Agreement is terminated as provided above, King County will be liable only for payment in
accordance with the terms of this Agreement for satisfactory work completed prior to the
effective date of termination. The Subgrantee shall be released from any obligation to provide
further services pursuant to this Agreement.
Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Agreement
or law that either party may have in the event that the obligations,terms and conditions set forth
in this Agreement are breached by the other party.
Funding under this Agreement beyond the current appropriation year is conditional upon
appropriation of sufficient funds to support the activities described in this Agreement. Should
such an appropriation not be approved, this Agreement will terminate at the close of the current
appropriation year.
10. HOLD HARMLESS AND INDEMNIFICATION
The Subgrantee shall protect, indemnify and hold harmless King County, its officers, officials,
agents, and employees from and against any and all claims, costs, and/or issues whatsoever
occurring from any and all actions by the Subgrantee and/or its subcontractors pursuant to this
Agreement. The Subgrantee shall defend at its own expense any and all claims, demands,
suits, penalties, losses, damages, or costs of any kind whatsoever (hereinafter "claims")
brought against King County arising out of or incident to the Subgrantee's execution of,
performance of or failure to perform this Agreement. Claims shall include but not be limited to
assertions that the use or transfer of any software, book, document, report, film, tape, or sound
reproduction or material of any kind, delivered hereunder, constitutes an infringement of any
copyright, patent, trademark,trade name,and/or otherwise results in unfair trade practice.
In the event the County incurs attorney fees and/or costs in the defense of claims within the
scope of the paragraph above, such attorney fees and costs shall be recoverable from the
Subgrantee. In addition King County shall be entitled to recover from the Subgrantee its
attorney fees, and costs incurred to enforce the provisions of this section.
11. INSURANCE
Subgrantee shall provide and maintain and shall cause its subcontractors to provide and
maintain Commercial General Liability in the minimum amount of $1,000,000 per occurrence
and $ 2,000,000 in the aggregate. King County, its officers, officials, agents and employees
shall be named as additional insureds.
If the Agency is a Municipal Corporation or an agency of the State of Washington and is self-
insured for any of the above insurance requirements, a certification of self-insurance shall be
attached hereto and be incorporated by reference and shall constitute compliance with this
section.
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FFY06-SHSP-CC-010
12. ENTIRE CONTRACTMAIVER OF DEFAULT
This Agreement is the complete expression of the agreement of King County and the
Subgrantee hereto, and any oral or written representations or understandings not incorporated
herein are excluded. Waiver of any default shall not be deemed to be a waiver of any
subsequent default. Waiver of breach of any provision of this Agreement shall not be deemed
to be waiver of any other or subsequent breach and shall not be construed to be a modification
of the terms of this Agreement unless stated to be such through written approval by King
County, which shall be attached to the original Agreement.
13. SEVERABILITY
If any section, subsection, sentence, clause or phrase of this Agreement is, for any reason,
found to be unconstitutional or otherwise invalid by a court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions of this Agreement.
14. APPROVAL
This Agreement shall be subject to the written approval of King County's authorized
representative and shall not be binding until so approved.
THIS AGREEMENT, consisting of 6 pages and 5 attachments, is executed by the persons
signing below who warrant and represent that they have the authority to execute the
Agreement.
IN WITNESS WHEREOF this Agreement has been executed by each party on the date set forth
below:
City of Kent Emergency Management KING COUNTY
i"
BY
me itl Jeff B Js,Acting Director
I/ b�-
Da a Date
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EXHIBIT A*""FFY06-SHSP-CC-010
SCOPE OF WORK
Geneital. f
�i�ormation�
Project Number: FFY06-SHSP-CC-010
Project Title: Moulage Training
Sub Grantee Name: City of Kent Emergency Management_
---- --------------- --- -------- ------
Contact Person: Kimberly Behymer __
Job Title: Program Coordinator
------- ------- --------------- - ----- - ----- ---------------------- —
Address: 24611 116 Ave SE Kent WA 98030
Phone: 253 856 4343
--------------------- ----------------------------------------------- - - --
Fax: 253 856 4119
Email: kbehymer@ci.kent.wa.us
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EXHIBIT A"'FFY06-SHSP-CC-010
Ilnvestm°en�'Justi�catio`1i }�:r,�.�,
Check the Investment Justification that best describes your project
jects
❑ Enhance Regional Collaboration and Sustain Existing Regional Programs
❑ Enhancement of Responder Team Capabilities to Operate in CBRNE
Environment
® Sustained Citizen Corps Activities and Increased Public Education Efforts
❑ Critical Infrastructure Identification, Assessment, Planning and Target Hardening
❑ Build Regional Interoperable Communications Capabilities
❑ Law Enforcement Specialized Response and Investigation Resources
❑ Medical Response Capability Enhancements
❑ Analytical Support for Fusion Center and Regional Intelligence Groups
❑ Regional and State Agency NIMS Implementation Activities
❑ Development and Enhancement of Type III Incident Management Teams
❑ Animal Mass Depopulation and Disposal Plan Development and Execution
❑ Build Resource, Patient and Volunteer Tracking Systems for Status and
Credentialing
❑ HRSA/Homeland Security Hospital Preparedness Integration
❑ Medical and Health Laboratory Capacity Enhancements
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EXHIBIT A***FFY06-SHSP-CC-010
Use BOTH documents below to identify one Goal&Objective in each that best
represents this project:
V The Washington Statewide Homeland Security Strategic Plan (Start at PAGE
25)
PREPAREDNESS
Priority: Training, equipping, exercising emergency responders and the statewide
incident management system to assure readiness for complex emergency responses.
Goal 5.4
To train and educate citizens, volunteers, tribal nations, the business community, the
media and government on how to prepare for, respond to and recover from acts of
terrorism.
Objective 5.4.1
Further develop the all-hazards public education program to include terrorism homeland
security related topics to provide citizens information on how to prepare for, recognize,
report and respond to an act of terrorism.
M Region 6 Homeland Security Strategic Plan (Start at PAGE 24)
Regional Priority VI.
Develop Region-wide Public Information, Public Education, and Outreach Strategies
i
I Goal C.
Increase public awareness of hazards and risks to promote self-reliance and personal
safety.
Objective 2.
Utilize neighborhood groups, such as Citizen Corps Councils and }
Community_Emergeny_Response Teams JCERT).
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EXHIBIT A—FFY06-SHSP-CC-010
& , �
Projecf Description
Describe your project using a maximum of two pages by answering ALL of the following
questions separately
1. Provide a description.of your pr9ject(who/what/where/when/why/_how). _
The City of Kent would like to host a moulage training class for area CERT providers in
South King County. Moulage artists are needed to created"injuries"at disaster
simulations. Currently, there is a shortage of individuals trained in moulage techniques.
With grant funds, the City of Kent will host a class for approximately 20 participants and
issue each participant a moulage kit. A moulage kit will include the necessary moulage
make-up and tools to assist at disaster simulations.
The Cities of Kent, Renton, Federal Way,Auburn and Fire District 40 have formed a
South King County CERT consortium. The City of Kent will offer a total of approximately
15 seats to the other consortium members. Remaining spots will be offered to other
CERT providers.
2. What is the purpose of the project?
Increase the number of individuals that are trained in moulage_technigues.
3.. What problem does the project solve?
CERT program have a hard time finding moulage artists to assist at disaster simulations.
This class will train additional individuals that can assist.
4. How does the project enhance local/ regional homeland security and
_preparedness for CBRNE/Terrorist/WMD incidents?_ _ _ _
Coordinated by the Department of Homeland Security, (DHS), Citizen Corps and its
programs, is a component of the USA Freedom Corps that focuses on opportunities for
people to participate in a range of measures to make their families, homes, and
communities safer from the threats of terrorism, crime, and disasters of all kinds. Citizen
Corps also brings together a community's first responders, firefighters, emergency
health care providers, law enforcement, and emergency managers with its volunteers
5. What activities need to be completed to finish the project? If the project will be
implemented in phases, identify this clearly and tie them to your timeline in the
following section ---------._-----__
0 Identify moulage instructor
• Purchase moulage kits for participants
• Host Class for approximately 20 participants
6. What are the tangible results and/or deliverables of the project?
20 individuals will be training in moulage techniques and will be issued a CERT moulage
kit.
7. How will the grant funds be used to support this project?
Grant funds will purchase 20 moulage-kits and pay instructor costs. _ __
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EXHIBIT A•"FFY06-SHSP-CC-010
Proj edtTtm"' eline`e
Make a timeline that includes measurable activities for task completion and critical dates.
Project must be completed and delivered prior to 02/29/2008. If your project involves
purchase of equipment, allow 3 months for equipment approval process to be completed
which will happen before the contract is executed.
Activity Estimated
Completion Date
Research available instructors and schedule class October 2007
Announce Training to area CERT providers October 2007
1 Conduct registration December 2007
Purchase moulage kits for class participants December 2007
Submit bi monthly report to King County Office of Emergency 12/31/2007
i Management i
Host moulage training class s January 2008
Final report and all invoices due to King County Office of 2/28/2008
Emergency Management
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EXHIBIT B""`FFY06-SHSP-CC-010
BUDGET
'A11'Q' Wab1e{Costs
Using Appendix D-ALLOWABLE COST MATRIX of FY06 Grant Guidelines, identify the
allowable costs that best represent this project:
Appendix D -ALLOWABLE COST MATRIX
Allowable Equipment Costs
Medical
Allowable Planning Costs
i.Establish,enhance, or evaluate Citizen Corps related volunteer programs
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EXHIBIT B`*`FFY06-SHSP-CC-010
Budget $um" marry
Check the option that is appropriate for your project:
❑ This is not a pass through project (KCOEM Projects ONLY)
® This is a pass through project(All other projects)
IMPORTANT NOTE: This is a reimbursement grant
Fill out the budget table using the correct budget category for your project expenses. For Goods
&Services you MUST specify what the amount is for and indicate the budget category. If your
project requires purchase of equipment,you should fill out the Equipment Budget Detail
Worksheet(see next section)and then type the Equipment Purchase Total Cost from the
Worksheet into this Budget Table.
Use the TAB key to move between cells in the table(left to right)-DO NOT USE ENTER KEY
7 . ..
Equipment $1,600.00
Consultant Fees $600.00
Salaries&Benefits
(not for payment of ;
overtime
Overtime/Backfill
Travel&Per Diem
Goods&Services- I
Please Specify
Total Amount Per $600.00 $ 0.00 $ 0.00 $1,600.00
Budget Category
GRAND TOTAL
(NOT TO EXCEED Project Cost or Award $2,200.00
Amount
❖ 10%of total award amount maybe shifted between approved budget object codes
❖ Final signed invoice voucher to be submitted with final performance report&deliverables
—Invoices not to exceed total amount of contract award
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EXHIBIT C***FFY06-SHSP-CC-010
EQUIPMENT MANAGEMENT AND APPROVAL
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, all equipment purchased
through this Agreement will be owned by the Subgrantee,or a recognized sub-grantee
for which a contract, subgrant agreement, or other means of legal transfer of ownership
is in place.
2. The Subgrantee, or a recognized sub-grantee shall be responsible for any and all
operation and maintenance expenses and for the safe operation of their 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, or other identification
number;the source of the equipment, including the Catalogue of Federal Domestic
Assistance or CFDA number;who holds title;the acquisition date;the cost of the
equipment and the percentage of Federal participation in the cost;the location, use and
condition of the equipment at the date the information was reported;and disposition data
including the date of disposal and sale price of the property.
4. Records for equipment shall be retained by the Sub granteee for a period of six years
from the date of the disposition, replacement or transfer. If any litigation, claim, or audit is
started before the expiration of the six year period,the records shall be retained by the
Sub grantee 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 years.Any differences between
quantities determined by the physical inspection and those shown in the records shall be
investigated by the Subgrantee to determine the cause of the difference. The Subgrantee
shall, in connection with the inventory, verify the existence, current utilization, and
continued need for the equipment.
6. The Subgrantee shall develop a control system to ensure adequate safeguards to
prevent loss, damage,and theft of the property.Any loss,damage or theft shall be
investigated and a report generated.
7. The Subgrantee will develop adequate maintenance procedures to keep the property in
good condition.
8. If the Subgrantee is authorized or required to sell the property, proper sales procedures
must be established to ensure the highest possible return.
9. When original or replacement equipment is no longer needed for the original project or
program or for other activities currently or previously supported by a Federal agency,
disposition of the equipment will be made as follows:
a. Items of equipment with a current per-unit fair market value of less than $5,000
may be retained, sold or otherwise disposed of by the Subgrantee with no further
obligation to the awarding agency.
b. Items of equipment with a current per-unit fair market value of more than $5,000
may be retained or sold and the Subgrantee shall compensate the Federal-
sponsoring agency for its share.
As sub-grantees of federal funds the Subgrantee must pass on equipment management
requirements that meet or exceed the requirements outlined above for all sub-grantees
who receive pass-thru funding from this contract.
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EXHIBIT C""FFY06-SHSP-CC-010
Page 1 of 1
Valverde, Christa
From: MacSparran, Don(EMD)[D.MacSparran@emd.wa.gov]
Sent: Wednesday,May 02,2007 12.39 PM
To: Cole,Christa
Cc: Chapman,Alec, Bowers,Jeff;Tassorn, Peter(EMD)
Subject: Equipment Approvals, SHSP FY06(May 2, 2007)
Attachments: King County,SHSP FY06(Christa Cole,Citizen Corps Equipment).xls
Christa:
The attached SHSP FY06 equipment approval request was vetted through the Equipment
Subcommittee on Wednesday, May 2,2007 and is approved.You may proceed with the
purchase of the approved equipment within your contract funds allocation for equipment.
Please contact me if you have any questions.
Don
Don MacSparran
Equipment Program Manager
WA State Emergency Management Division
Building 20-EMD
Camp Murray,WA 98430-5122
(253)512-7463
(253)512-7207 fax
d macsparran(Wemd wa gov
9/21/2007
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EXHIBIT C***FFY06-SHSP-CC-010
Fiscal Year 2006
State Homeland Security Program
Equipment Approval
State: Washington App Date: May 2, 2007
Jurisdiction: Kinq County(Citizen Corps) Req Date: Apr 18, 2007
Item Equipment Citizen Corps equipment
No. Category for the King County CERT program
1 Personal OIZA-02-GLVD Gloves, Outer,Disposable Disposable gloves
2 Protective 01ZA-02-GLVW, Gloves Outer, Work Leather gloves
3 01ZA-03-EYEP, Protection,Eye Safety lasses,safety oo les
4 01ZA-06-HHAT,Hardhat Hardhat
5 01ZA-06-VEST, Vest Safety/reflective vest
6 CBRNE 030E-03-KTFA, Kit, First Aid, Trauma Type First Aid Kits
7 Operational 030E-03-SIGN,Signs Sandwich boards,banners
8 and Search 030E-04-LTHH, Light Hand-Held or Helmet-Mounted Illumination Flashlights,light
and Rescue sticks, helmet mounted light
9 Medical 09ME-01-COTS Cots Cots
10 09MS-01-LNEN, Linens Cot pillow cases and sheets
11 09MS-01-TTAG, Tags and Supplies Tna e Triage toe and triage tags
12 09MS-03-HYGP Supplies, Personal Hygiene Instant hand sanitizer,personal hygiene
kits
13 09TR-01MKIT, Supplies, Moulage Makeup,mannequins
14 Power 10BC-00-BATT, Batteries,All Types, Sizes Batteries
15 Other 21GN-00-CCEQ, Equipment, Citizen Corps Identifying apparel for events or incidents
Authorized such as caps,shirts,t-shirts,sweat shirts,patches with logo and jackets
16 21GN-00-CCEQ, Equipment, Citizen Corps Mockups of utility(gas and propane)valves,
breaker boxes,fuse boxes,etc
17 21GN-00-CCEQ, Equipment, Citizen Corps CERT Kit as sold by vendor
18 21GN-00-CCEQ Equipment, Citizen Corps Duffle bag,backpack
19 21GN-00-CCEQ, Equipment Citizen Corps Tools such as wrench,screwdriver,multi-
function knife,multi-function tool,scissors,pry bar
20 21GN-00-CCEQ, Equipment, Citizen Corps Duct tape
21 21GN-00-CCEQ Equipment Citizen Corps Marking crayon,markers,chalks
M2425
21GN-00-CCEQ Equipment Citizen Corps Portable weather radios,2 wayradio
21GN-00-CCEQ Equipment Citizen Corps CERT Manuals
21GN-00-CCEQ E ui ment Citizen Cor s Cot Blows,inflatable cot illow
21GN-00-CCEQ Equipment Citizen Corps Regular blankets,emergency blankets,
hand warmer packs
26 21 GN-00-CCEQ, Equipment Citizen Corps Sleeping mats
27 21GN-00-CCEQ Equipment Citizen Corps Dust masks
28 21GN-00-CCEQ Equipment Citizen Corps Whistles
29 21GN-00-CCEQ, Equipment, Citizen Corps Fire pan,propane tank,propane fuel,
matches
30 21GN-00-CCEQ, Equipment Citizen Corps Road flares and pole
31 21GN-00-SHIP, Shipping Items 1 through 30 as applicable
32 121GN-00-STAX Sales Tax
33 Jurisdiction Total: $1,600,00
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EXHIBIT D***FFY06-SHSP-CC-010
CONTRACT BETWEEN EAM AND KING
Washington State Military Department /�ani� Q�n
CONTRACT FACE SHEET41/
1 Contractor Name and Address 2. Contract Amount: 3. Contract Ud ojl rrC@ Ap py
King County Porn in,
Office of Emergency Management 3511 NE 2 ndStreet $2,940,786 E07.174
Renton,Washington 98056
4 Contractor's Contact Person,phone number: 5. Contract Start Date 6. Contract End Date
Rich Tokarzewski,(206)205-4061 July 1,2006 I April 30,2008
7 MD Program Manager/phone number* 8. State Business License# 1 9. USI#(state revenue):
Peter Tassonf(253)512-7466 n/a 578-037-394-9
10. Funding Authority:
Washington State Military Department(Department)and the Department of Homeland Security(DHS)
i 11 Funding Source Agreement#: Program Index# & OBJ/SUB-OJ 13 Catalog of Federal Domestic Asst. 14. TIN or SSN
2006-GE-T6-0059 763SU,763ST,7635Q,763SA, (CFDA)#&Title- 97.067-SHSP 91-6001327
763SS NZ
15. Service Districts: 16. Service Area by County(ies)• 17. Women/Minority-Owned,State i
(BY LEG DIST) 1,5,11,30-34,36,37,41,43,45.48 King County Certified?: X N/A ❑ NO
(BY CONG DIST)• 7,8,9 ❑ YES,OMWBE#
18. Contract Classification 19 Contract Type(check all that apply):
❑ Personal Services ❑ Client Services X Public/Local Gov't X Contract ❑ Grant ❑ Agreement
❑ Collaborative Research ❑ AIE ❑ Other ❑ Intergovernmental (RCW 3934) 0 Interagency
20 Contractor Selection Process: 21 Contractor Type(check all that apply)
X To all who apply&qualify" ❑ Competitive Bidding ❑ Private Organizationlindividual ❑ For-Profit
El sole Source ❑ A/E RCW ❑ N/A X Public OrganizationlJurisdictton X Non-Profit
❑ Filed w/OFM? ❑ Advertised? ❑YES ONO ❑ VENDOR X SUBRECIPIENT ❑ OTHER
22 BRIEF DESCRIPTION.
The Department of Homeland Security(DHS), Office of Grants and Training(G&T)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 involving the use of Chemical, Biological, Radiological, Nuclear, and Explosive (CBRNE) weapons and
cyber attacks through the IFFY 2006 Homeland Security Grant Program, State Homeland Security Program. This
funding is being provided to the nine (9) Regional Homeland Security Districts (Regions) to address the unique
equipment,exercise,training,planning,and administration needs of local emergency responders.
IN WITNESS WHEREOF, the Department and Contractor acknowledge and accept the terms of this contract and
attachments hereto and have executed this contract as of the date and year written below. This Contract Face Sheet,
Special Terms and Conditions, General Terms and Conditions, Statement of Work, and Budget govern the rights 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,
(e) any other provisions of the contract incorporated by reference.
This contract contains all the terms and conditions agreed upon by the parties. No other understandings,oral or otherwise,
regarding the subject matter of this contract shall be deemed to exist or to bind any of the parties hereto.
WHEREAS,the parties hereto have executed this contract on the day and year last specified below.
FOR/THE DEPARTMENT F N
Sign Pure Date Signature Date
Ja yes M.Mullen,Director PQuIL TA Allykf` C&C
Emergency Management Division for
Washington State Military Department
APPROVED AS TO FORM. King County
LSpencer W. Daniels (signature on file) 7t20/O6 Office of Emergency Management
Assistant Attorney General
Form 10i27100 kdb
FFY 05 Slate Homeland Security Program Page 1 of
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EXHIBIT D""FFY06-SHSP-CC-010
SPECIAL TERMS AND CONDITIONS
ARTICLE I --COMPENSATION SCHEDULE:
This is a fixed price, reimbursement contract. Within the total contract amount, travel, subcontracts, salaries
and wages, benefits, printing, equipment, and other goods and services or other budget categories will be
reimbursed on an actual cost basis unless otherwise provided in this contract. Any travel or subsistence
reimbursement allowed under the contract shall be paid in accordance with rates set pursuant to RCW
43.03.050 and RCW 43.03.060 as now existing or amended, or local travel regulations, whichever is more
stringent. 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 any single
budget category in excess of 10%or$100,whichever is greater,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 30th day
(shall not exceed overall contract amount) following the contract end date
All contract work must end on April 30,2008, however the Contractor has up to 30 days after the contract end
date to submit all final billing.
Technical #/Copies Due Date
Bi-Annual Strategy Implementation Report Electronic January 15th and July 15'h of each year
of the contract period
Bi-Annual Progress Report Electronic January 15th and July 15`h of each year
of the contract period
Final Report Electronic No later than 30th day
following the contract end date
All contract work must end on April 30,2008, however the Contractor has up to 30 days after the contract end
date to submit all final reports and/or deliverables.
The Bi-Annual Strategy Implementation Report will be submitted via G&T's web-based grant reporting tool.
The Bi-Annual Progress Report and the Final Report will be submitted electronically to
hls.reporting(o)_emd wa qov, utilizing the Exhibit E reporting template.
ARTICLE III --KEY PERSONNEL:
The individuals listed below shall be considered key personnel. Any substitution must be made by written
notification to the Military Department.
CONTRACTOR: MILITARY DEPARTMENT:
Eric Holdeman, Region 6 Lead Peter Tassoni, Program Coordinator
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ARTICLE IV--ADMINISTRATIVE REQUIREMENTS:
The Contractor shall comply with OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal
Governments; OMB A-102, Grants and Cooperative Agreements with State and Local Governments; and A-
133, Audits of States, Local Governments, and Non-Profit Organizations.
ARTICLE V--ADDITIONAL SPECIAL CONDITIONS AND MODIFICATION TO GENERAL CONDITIONS:
1. Funds are provided by the Department of Homeland Security (DHS), Office of Grants and Training (G&T)
solely for the purpose of enhancing the capability of state and local units of government to prevent, deter,
respond to, and recover from incidents of terrorism involving the use of CBRNE weapons and cyber
attacks. The Contractor must demonstrate the dual-use nature of any activities implemented under
this program that are not explicitly focused on terrorism preparedness. The Contractor shall use the
funds to perform tasks as described in the Statement of Work and Budget portions of the Contractor's
request for funding, as approved by the Department Funding may not be used to replace or supplant
government funding of existing planning or exercise programs.
2. The Contractor shall provide a match of$0 of non-federal origin.
3. CONTINGENCY LANGUAGE--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 services
performed under this contract prior to distribution 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 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-Contractor, will be recorded and
maintained in an equipment inventory system.
1. Upon successful completion of the terms of this contract, all equipment purchased through this contract
will be owned by the Contractor, or a recognized sub-contractor/sub-grantee for which a contract, sub-
grant agreement, or other means of legal transfer of ownership is in place
2. The Contractor, or a recognized sub-contractor/sub-grantee, shall be responsible for any and all operation
and maintenance expenses and for the safe operation of their equipment including all questions of liability.
3. The Contractor shall maintain equipment records that include: a description of the property; the
manufacturer's serial number, model number, or other identification number;the source of the equipment,
including the Catalogue of Federal Domestic Assistance or CFDA number;who holds title; the acquisition
date; the cost of the equipment and the percentage of Federal participation in the cost; the location, use
and condition of the equipment at the date the information was reported; and disposition data including the
date of disposal and sale price of the property.
4. Records for equipment shall be retained by the Contractor for a period of six years from the date of the
disposition, replacement or transfer. If any litigation, claim, or audit is started before the expiration of the
six year period, the records shall be retained by the Contractor until all litigations, claims, or audit findings
involving the records have been resolved.
5. The Contractor shall take a physical inventory of the equipment and reconcile the results with the property
records at least once every two years. Any differences between quantities determined by the physical
inspection and those shown in the records shall be investigated by the Contractor to determine the cause
of the difference. The Contractor shall, in connection with the inventory, verify the existence, current
utilization, and continued need for the equipment.
6. The Contractor shall develop a control system to ensure adequate safeguards to prevent loss, damage,
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 property in good condition.
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8. If the Contractor is authorized or required to sell the property, proper sales procedures must be
established to ensure the highest possible return.
9. When original or replacement equipment is no longer needed for the original project or program or for
other activities currently or previously supported by a Federal agency, disposition of the equipment will be
made as follows:
a. Items of equipment with a current per-unit fair market value of less than$5,000 may be retained, sold
or otherwise disposed of by the Contractor with no further obligation to the awarding agency.
b. Items of equipment with a current per-unit fair market value of more than $5,000 may be retained or
sold and the Contractor shall compensate the Federal-sponsoring agency for its share.
10. As sub-grantees of federal funds the Contractor must pass on equipment management requirements that
meet or exceed the requirements outlined above for all sub-contractors, consultants, and sub-grantees
who receive pass-thru funding from this contract.
ARTICLE VII —SUBRECIPIENT MONITORING
The Department will monitor the activities of the Contractor from award to closeout and for the life of equipment
purchased under this contract. The goal of the Department's monitoring activities will be to ensure that
agencies receiving federal pass-thru funds are in compliance with federal and state audit requirements,federal
grant guidance, applicable federal and state financial guides, as well as OMB 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-malls and correspondence;
• review of reimbursement requests to insure allowability and consistency with contract budget;
• observation and documentation of contract related activities, such as exercises, training,funded events
and equipment demonstrations;
• on-site visits to review equipment records and inventories, verify 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 exceed the monitoring activities, as
outlined above, for all sub-contractors, consultants, and sub-grantees who receive pass-thru funding from this
contract.
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Exhibit A
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, as a state agency, any division,
section, office, unit or other entity of the Department, or any of the officers or other officials
lawfully representing that Department.
b. "Contractor" shall mean that firm, organization, group, individual, or other entity performing
services under this contract, and shall include all employees of the Contractor. It shall include
any subcontractor retained by the prime Contractor as permitted under the terms of this
contract. "Contractor" shall be further defined as one or the other of the following and so
indicated on face sheet of the contract.
1) "Subrecipient' shall mean a contractor that operates a federal or state assistance
program for which it receives federal funds and which has the authority to determine
both the services rendered and disposition of program funds.
2) "Vendor'shall mean a contractor that agrees to provide the amount and kind of service
or activity requested by the Department and that agrees to provide goods or services to
be utilized by the Department.
C. "Recipient and/or Pass-Through Entity" means the Washington State Military Department as
it is applied to this contract.
d. "Cognizant State Agency" shall mean the state agency from which the subrecipient receives
federal financial assistance. If funds are received from more than one state agency, the
cognizant state agency shall be the agency who contributes the largest portion of federal
financial assistance to the subrecipient unless the designation has been reassigned to a
different state agency by mutual agreement.
e. "Subcontractor"shall mean one, not in the employment of the Contractor,who is performing all
or part of those services under this contract under a separate contract with the Contractor. The
terms"subcontractor"and "subcontractors" mean subcontractor(s)in any tier.
f. "Grant"- For the purposes herein, the term"grant"may be used to mean "contracts"or"grants"
or"agreements".
g. "CFR"—Code of Federal Regulations
h. "OMB"—Office of Management and Budget
i. "RCW"-Revised Code of Washington
i "WAC"-Washington Administrative Code.
2. SUBRECIPIENT MONITORING
a. The Washington Military Department (the Department), as a recipient agency, receives federal
financial assistance funds for federal programs and is charged with maintaining compliance with
federal and state laws and regulations regarding the monitoring, documentation,and auditing of
subrecipient grant activities using federal financial assistance funds. Management and
implementation guidelines for the federal programs ensure compliance with statutes, grant
guidelines, the sub-award agreement, Office of Management and Budget (OMB) circulars, in
particular the OMB Circular A-133, subrecipient audits, and other guidance found in the Federal
Register. The Department shall adhere to its Subrecipient Monitoring Policy and the
Subrecipient Monitoring Procedures (WMD Policy number 00-025-05.)
b The Contractor shall perform under the terms of the contract 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 and ensures contractor compliance
with the terms, conditions, and requirements of a contract. Monitoring involves prudent
collection of information about Contractor operations and is not limited to site visits or the
completion of formal reviews.
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Monitoring may include periodic contractor reporting to the Department, Department review of
audit reports, invoice reviews, onsite reviews and observations, and surveys. Adequate
documentation is essential for effective contract monitoring and will include copies of letters,
meeting notes, and records of phone conversations as evidence that conscientious monitoring
has occurred during the period of the contract
C. The Department and the Contractor acknowledge and agree to the following:
1) The Department as the pass-through entity (recipient) shall monitor its subrecipients.
If the Department subawards federal funds to a subrecipient, then the Department
staff must monitor the subrecipient.
2) Review of the A-133 Single Audit report is a primary monitoring activity used by pass-
through entities to ensure compliance.
3) Subrecipient monitoring will occur throughout the year rather than relying solely on a
once-a-year audit.
4) The Department as the pass-through entity (recipient) will conduct on-site visits as
appropriate and required by contract for "for-profit" subrecipients, since the A-133
Single Audit does not apply to"for-profit"organizations.
3. RECORDS, MONITORING AND AUDIT ACCESS
a. The Contractor shall cooperate with and freely participate in any monitoring or evaluation
activities conducted by the Department that are pertinent to the intent of this contract.
b. The Contractor shall maintain books, records, documents, and other evidence and accounting
procedures and practices that sufficiently and properly reflect all direct and indirect costs of any
nature expended in the performance of this contract. These records shall be subject at all
reasonable times to inspection, review, or audit by personnel duly authorized by the
Department, the Office of the State Auditor, 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 for six (6)years from the end date of the grant through which
this contract is funded and make them available for inspection by persons authorized under this
provision.
C. The Department or the State Auditor or any of their representatives and federal officials so
authorized by law, rule, regulation, or contract shall have full access to and the right to examine
during normal business hours and as often as the Department or the State Auditor may deem
necessary, all of the Contractor's records with respect to all matters covered in this contract.
Such representatives shall be permitted to audit, examine, and make excerpts or transcripts
from such records and to make audits of all contracts, invoices, materials, payrolls, and records
of matters covered by this contract. Such rights last for six (6) years from the end date of the
grant through which this contract is funded.
d. If any litigation, claim, or audit is started before the expiration of the six (6) year period, the
records shall be retained until all litigation, claims, or audit findings involving the records have
been resolved.
4. SINGLE AUDIT ACT REQUIREMENTS(INCLUDING ALL AMENDMENTS)
Non-federal entities as subrecipients that expend $500,000 or more in one fiscal year of federal funds
from all sources, direct and indirect, are required to have a single or a program-specific audit conducted
in accordance with the Office of Management and Budget(OMB)Circular A-133-Audits of States, Local
Governments, and Non-Profit Organizations (revised June 27, 2003, effective for fiscal years ending
after December 31, 2003). Non-federal entities that spend less than$500,000 a year in federal awards
are exempt from federal audit requirements for that year, except as noted in Circular No. A-133.
Circular A-133 is available on the OMB Home Page at http://www.omb.aov and then select "Grants
Management'followed by"Circulars".
Contractors required to have an audit must ensure the audit is performed in accordance with Generally
Accepted Auditing Standards (GAAS); Government Auditing Standards (the Revised Yellow Book)
developed by the Comptroller Genera(and the OMB Compliance Supplement.
The Contractor has the responsibility of notifying the State Auditor's Office and requesting an audit.
Costs of the audit may be an allowable grant expenditure.
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The Contractor shall maintain auditable records and accounts so as to facilitate the audit requirement
and shall ensure that any subcontractors also maintain auditable records.
The Contractor is responsible for any audit exceptions incurred by its own organization or that of its
subcontractors. Responses to any unresolved management findings and disallowed or questioned
costs shall be included with the audit report. The Contractor must respond to Department requests for
information or corrective action concerning audit issues or findings within 30 days of the date of
request. The Department reserves the right to recover from the Contractor all disallowed costs
resulting from the audit.
Once the single audit has been completed, the Contractor must send a full copy of the audit to the
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 subcontracts.
5. ACCESS TO PUBLIC RECORDS
a. The parties acknowledge that public records, as defined by RCW 42.56.020, that have been
made or received by the Department in connection with the transaction of public business are
subject to inspection by the public in accordance with RCW Chapter 42.56 and to the extent
applicable WAC Chapter 118-02, except as exempted under RCW 42.56, RCW 43 21 F.060(1),
or other statutes.
b. In compliance with RCW 39.29.080, the Contractor shall provide access to data generated
under this contract to the Department and the State Auditor at no additional cost. This includes
access to all information that supports the findings, conclusions, and recommendations of the
Contractor's reports, including computer models and methodology for those models.
6. RECAPTURE PROVISIONS
In the event that the Contractor fails to expend funds under this contract in accordance with state laws
and/or the provisions of this contract, the Department reserves the right to recapture state funds in an
amount equivalent to the extent of the noncompliance.
Such right of recapture shall exist for a period not to exceed six years following contract termination or
audit resolution, whichever is later. Repayment by the Contractor of funds under this recapture
provision shall occur within 30 days of demand. In the event that the Department is required to institute
legal proceedings to enforce the recapture provision, the Department shall be entitled to its costs
thereof, including reasonable attorney's fees.
7. COMPLIANCE WITH APPLICABLE LAW
The Contractor and all subcontractors shall comply with, and the Department is not responsible for
determining compliance with, any and all applicable federal, state, tribal government, and local laws,
regulations, and/or policies. This obligation includes, but is not limited to, nondiscrimination laws and/or
policies; the Americans with Disabilities Act (ADA); Ethics in Public Service (RCW 42.52); Covenant
Against Contingent Fees (48 C.F.R. Sec. 52.203-5); Public Disclosure (RCW 42.56); and safety and
health regulations.
In the event of the Contractor's or a subcontractor's noncompliance or refusal to comply with any law or
policy, the Department may rescind, cancel, or terminate the contract in whole or in part. The
Contractor is responsible for any and all costs or liability arising from the Contractor's failure to comply
with applicable law.
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8. NONDISCRIMINATION
During the performance of this contract, the Contractor shall comply with all federal and state
nondiscrimination statutes and regulations. These requirements include, but are not limited to:
a. Nondiscrimination in Employment: The Contractor shall not discriminate against any employee
or applicant for employment because of race, color, sex, sexual orientation, religion, national
origin, creed, marital status, age, Vietnam era or disabled veterans status, or the presence of
any sensory, mental, or physical handicap. Such action shall include, but not be limited to, the
following: Employment, upgrading, demotion, or transfer, recruitment or recruitment selection
for training, including apprenticeships and volunteers. This requirement does not apply,
however, to a religious corporation, association,educational institution or society with respect to
the employment of individuals of a particular religion to perform work connected with the
carrying on by such corporation, association,educational institution or society of its activities.
9. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, 42 U.S.C. 12101 et
seq. also referred to as the "ADA" 28 CFR Part 35 and its implementing regulations. The Contractor
must comply with the ADA, which provides comprehensive civil rights protection to individuals with
disabilities in the areas of employment, public accommodations, state and local government services,
and telecommunication.
10. PUBLICITY
The Contractor agrees to submit to the Department all advertising and publicity relating to this contract
wherein the Department's name is mentioned or language used from which the connection of the
Department's name may, in the Department's judgment, be inferred or implied. The Contractor agrees
not to publish or use such advertising and publicity without the prior written consent of the Department.
11. DISCLOSURE
The use or disclosure by any party of any information concerning the Department for any purpose not
directly connected with the administration of the Department's or the Contractor's responsibilities with
respect to services provided under this contract is prohibited except by prior written consent of the
Department.
12. CERTIFICATION REGARDING DEBARMENT SUSPENSION OR INELIGIBILITY
if federal funds are the basis for this contract, the Contractor certifies that neither the Contractor nor Its
principals are presently debarred, suspended, proposed for debarment, declared Ineligible, or
voluntarily excluded from participating in this contract by any federal department or agency. If
requested by the Department, the Contractor shall complete and sign a Certification Regarding
Debarment, Suspension, Ineligibility, and Voluntary Exclusion form. Any such form completed by the
Contractor for this Contract shall be incorporated into this Contract by reference.
Further, the Contractor agrees not to enter into any arrangements or contracts related to this grant with
any party that is on the "General Service Administration List of Parties Excluded from Federal
Procurement or Non-procurement Programs"which can be found at www.eDls.gov.
13. LIMITATION OF AUTHORITY--"Authorized Signature"
Only the assigned Authorized Signature for the Department or the assigned delegate by writing
(delegation to be made prior to action) shall have the express, implied, or apparent authority to alter,
amend, modify, or waive any clause or condition of this contract. Furthermore, any alteration,
amendment, modification, or waiver of any clause or condition of this contract is not effective or binding
unless made in writing and signed by the authorized person.
14. CONTRACTOR NOT EMPLOYEE
The Contractor, and/or employees or agents performing under this contract are not employees or
agents of the Department in any manner whatsoever. The Contractor will not be presented as nor
claim to be an officer or employee of the Department or of the State of Washington by reason hereof,
nor will the Contractor make any claim, demand, or application to or for any right, privilege or benefit
applicable to an officer or employee of the Department or of the State of Washington, including, but not
limited to, Worker's Compensation coverage, unemployment insurance benefits, social security
benefits, retirement membership or credit, or privilege or benefit which would accrue to a civil service
employee under Chapter 41.06 RCW.
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It is understood that if the Contractor is another state department, state agency, state university,state
college, state community college, state board, or state commission,that the officers and employees are
employed by the state of Washington in their own right.
If the Contractor is an individual currently employed by a Washington State agency, the 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
Neither this contract, nor any claim arising under this contract, nor the work to be provided under this
contract, and any claim arising thereunder, shall be assigned or delegated by either party in whole or in
part, without the express prior written consent of the other party. Consent shall not be unreasonably
withheld.
16. SUBCONTRACTING
All subcontracts entered into pursuant to this contract shall incorporate this contract in full by reference.
Neither the Contractor nor any subcontractor shall enter into subcontracts for any of the work
contemplated under this contract without obtaining prior written approval of the Department. Contractor
shall use a competitive process in award of any contracts with subcontractors that are entered into after
original contract award. The Military Department may request a copy of any and/or all subcontracts for
work 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 Department and the Contractor shall be
incorporated herein by written amendment to this contract. It is mutually agreed and understood that
no alteration or variation of the terms of this contract shall be valid unless made in writing and signed by
the parties hereto, and that any oral understanding or agreements not incorporated herein, unless
made in writing and signed by the parties hereto, shall not be binding.
18. SEVERABILITY
In the event any term or condition of this contract or application thereof to any person or circumstances
is held invalid, such invalidity shall not affect other terms, conditions, or applications of this contract,
which can be given effect without the invalid term, condition,or application. To this end, the terms and
conditions of this contract are declared severable.
19. ADVANCE PAYMENTS PROHIBITED
The 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
All payments accrued on account of payroll taxes, unemployment contributions, any other taxes,
insurance or other expenses for the Contractor or its staff shall be the sole responsibility of the
Contractor.
21. TRAVEL AND SUBSISTENCE REIMBURSEMENT
Unless the contract specifically provides for different rates, any travel or subsistence reimbursement
allowed under the contract shall be paid in accordance with rates set pursuant to RCW 43.03.050 and
RCW 43.03.060 as now existing or amended. The Contractor may be required to provide to the
Department copies of receipts for any travel related expenses that are authorized under this contract.
22. GOVERNING LAW AND VENUE
This contract shall be construed and enforced in accordance with, and the validity and performance
hereof shall be governed by, the laws of the state of Washington. Venue of any suit between the
parties arising out of this contract shall be the Superior Court of Thurston County,Washington.
23. LEGAL RELATIONS
Each party to this contract shall be responsible for injury to persons or damage to property resulting
from negligence on the part of itself, its employees, agents, officers, or subcontractors. Neither party
assumes any responsibility to the other party for the consequences of any act or omission of any third
party.
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24. WAIVER OF DEFAULT
Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver of breach
of any provision of the contract shall not be deemed to be a waiver of any other or subsequent breach
and shall not be construed to be a modification of the terms of the contract unless stated to be such in
writing, signed by The Adjutant General or his Authorized Department Representative and attached to
the original contract.
25. DISPUTES
The parties shall make every effort to resolve disputes arising out of or relating to this contract through
discussion and negotiation.
Should discussion and negotiation fail to resolve a dispute arising under this contract, the parties shall
select a dispute resolution team to resolve the dispute The team shall consist of a representative
appointed by each party and a third representative 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 action in a judicial or quasi-judicial
tribunal. Nothing In this section shall preclude the parties from mutually agreeing to a different dispute
resolution method in lieu of the procedure outlined above.
26. ATTORNEY'S FEES
In the event of litigation or other action brought to enforce contract terms, or alternative dispute
resolution process, each party agrees to bear its own attorney's fees and costs.
27. TERMINATION OR SUSPENSION FOR CAUSE
In the event the Department determines the Contractor has failed to comply with the conditions of this
contract in an acceptable and timely manner, the Department has the right to suspend or terminate this
contract. The Department shall notify the Contractor in writing of the need to take corrective action.
If the default or violation is not corrected after ten (10) days or within a reasonable timeframe as
determined by the Department,the contract shall be deemed terminated. The Department reserves the
right to suspend all or part of the contract, withhold further payments, or prohibit the Contractor from
Incurring additional obligations of funds during investigation of the alleged compliance breach and
pending corrective action by the Contractor or a decision by the Department to terminate the contract.
In the event this contract is terminated as provided above, the Department shall be entitled to pursue
the same remedies against the Contractor as it could pursue in the event of a breach of the contract by
the Contractor. The rights and remedies of the Department provided for in this clause shall not be
exclusive and are in addition to any other rights and remedies provided by law. The existence of facts
upon which The Adjutant General or his Authorized Department Representative makes any
determination under this clause shall be an issue that may be reviewed as provided in the "Disputes"
clause of this contract.
The termination shall be deemed to be a "Termination for Convenience" if it is determined that the
Contractor: (1) was not in default, or (2) failure to perform was outside of their control, fault or
negligence. The rights and remedies of the Department provided in this contract are not exclusive and
are in addition to any other rights and remedies provided by law.
28. TERMINATION FOR CONVENIENCE
a. Notwithstanding any provisions of this contract, the Contractor may terminate this contract by
providing written notice of such termination to the Department's Point of Contact identified in the
contract,specifying the effective date thereof,at least thirty(30)days prior to such date.
b. Notwithstanding any other provisions of this contract, the Department may, by ten (10) days
written notice, beginning on the second day after the mailing of the written notice, terminate
this contract, in whole or in part.
If this contract is so terminated, the Department shall be liable only for payment required under the
terms of this contract for services rendered or goods delivered prior to the effective date of termination.
(Upon notice of termination for convenience, the Department reserves the right to suspend all or part of
the contract,withhold further payments, and prohibit the Contractor from incurring additional obligations
of funds.)
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29. LOSS OR REDUCTION OF FUNDING
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
after the effective date of this contract and prior to normal completion, the Department may terminate
the contract immediately upon notification to the Contractor under Item 28. "Termination for
Convenience, Section b", without the ten (10) day notice requirement. Alternatively, the parties may
renegotiate the terms of this contract under "Contract Modifications" to comply with new funding
limitations and conditions,although the Department has no obligation to do so.
30. TERMINATION PROCEDURE
Upon termination of this contract the Department, in addition to any other rights provided in this
contract, may require the Contractor to deliver to the Department any property specifically produced or
acquired for the performance of such part of this contract as has been terminated.
The Department shall pay to the Contractor the agreed upon price, if separately stated, for completed
work and services accepted by the Department,and the amount agreed upon by the Contractor and the
Department for (i) completed work and services for which no separate price is stated, (ii) partially
completed work and services, (iii) other property or services which are accepted by the Department,
and (iv) the protection and preservation of property, unless the termination is for default, in which case
The Adjutant General or his Authorized Department Representative shall determine the extent of the
liability of the Department. Failure to agree with such determination shall be a dispute within the
meaning of the "Disputes" clause of this contract. The Department may withhold from any amounts
due the Contractor such sum as The Adjutant General or his Authorized Department Representative
determines to be necessary to protect the Department against potential loss or liability.
The rights and remedies of the Department provided in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law or under this contract.
After receipt of a notice of termination, and except as otherwise directed by the Department, 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, or facilities except as may be
necessary for 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
Adjutant General or his Authorized Department Representative, 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 Adjutant
General or his Authorized Department Representative 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 had 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;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 7/20/06
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Exhibit B
Statement of Work
FFY 2006 State Homeland Security Program Grant
INTRODUCTION: The Washington State Military Department Emergency Management Division's (EMD)
Homeland Security Section is responsible for programs designed to prepare and improve the State's ability to
respond to a CBRNE (Chemical, Biological, Radiological, Nuclear and Explosive)terrorist attack. Through the
FFY 2006 Homeland Security Grant Program, State Homeland Security Program, awarded by the Office of
Grants and Training (G&T), EMD 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 involving cyber attacks and
the use of CBRNE weapons This funding is being provided to the nine(9)Regional Homeland Security Districts
(Regions) to address the unique equipment, exercise, training, planning, and administration needs of local
emergency responders.
Washington State is subdivided into nine (9) Regional Homeland Security Coordination Districts (RHSCD).
Within each of the nine regions a Regional Homeland Security Coordinating Office (RHSCO) has been
identified. Through the utilization of the established regions a critical continuity of effort relative to these
ongoing initiatives will be developed.
King County has been identified as the Region 6 RHSCO. Region 6 consists of King County. The King
County Office of Emergency Management(herein known as the Contractor)agrees to the following.
GENERAL PROGRAM REQUIREMENTS:
1. Work closely with the established Regional Homeland Security Council to develop a strategy and
subsequent budget for the use of these funds. The implementation of the projects or activities associated
with these funds will be coordinated with the counties, cities, and the tribal governments located within
the established region.
2. Prepare and submit a Bi-Annual Strategy Implementation Report (BSIR), 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 to his.reporting(d)emd.wa.gov utilizing the Exhibit E reporting
template. Failure to meet all of the reporting deadlines outlined in the Timeline will prohibit the Contractor
from being reimbursed 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 (DHS) Financial
Guide found at http//www dhs gov/interweb/assetlibrary/Grants Financial ManagementGuide Pdf. Local
and state procurement and contracting regulations take precedent over these requirements when local
and state regulations are more stringent.
• Adhere to G&T 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 G&T 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 which point the Contractor will be
responsible for reviewing and approving their sub-contractors'contract.
5. The Contractor is required to ensure that all of their sub-contractors are in compliance with the FFY06
Homeland Security Program Grant Guidance through monitoring of expenditures and periodic reviews of
equipment inventories.
6 Plan and implement equipment purchases, exercises, training, planning and managementladministration
in accordance with the FFY06 Homeland Security Program Grant Guidance, which can be found at
http//www olp.usdol.gov/odp/grants programs htm, as well as all subsequent policy changes.
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7. All activities under this contract must have a clear correlation to the goals, objectives, and priorities
identified in the Washington Statewide Homeland Security Strategic Plan and the Washington State
Homeland Security Grant Program Investment Justifications.
8. If purchasing equipment,the Contractor must meet the following requirements:
• Be in compliance with the G&T Authorized Equipment List(AEL), as detailed at:
http://wwwl.rkb.mipt.org/.
• Submit all proposed equipment purchases to the Committee on Homeland Security, sub-committee
on equipment to ensure that the requested equipment is on the AEL, is aligned with the statewide
equipment purchasing strategy, and submit to G&T if necessary.
■ No reimbursement for purchased equipment will occur until the appropriate approvals have
been obtained.
■ The overall equipment budget can not be exceeded and over expenditures for any reason,
including additional cost of sales tax, shipping, or installation, will be the responsibility of the
Contractor.
• Determine whether or not it is in the best interest of the Contractor to make purchases using its own
procurement process or ask the Department to make purchases on its behalf.
• Make a request to the Department in writing that authorizes the Department to de-obligate funding
from the Contractor's contract and use the state's procurement process and contracts to purchase
equipment on behalf of the Contractor. This will necessitate an amendment to the contract reducing
the Contractor's award by an amount sufficient for the Department to make the purchase(s). The
Department will pay the vendor directly and all items will be drop shipped to a location designated by
the Contractor.
9. Exercises that are implemented with grant funds must meet the requirements of the FFY06 State
Homeland Security Program grant guidance, be threat and performance based, and should evaluate
performance of critical prevention and response tasks required to respond to the exercise scenario.
Upon completion of the exercise, an After Action Report and an Improvement Plan must be prepared and
submitted to the Department within 45 days of completion of the exercise. Final reimbursement for
related expenditures can not be made until this requirement has been met.
10. As a condition of current and future grant funding the Contractor and its sub-grantees/sub-contractors
must comply with on-going National Incident Management System (NIMS) compliance requirements as
published on the NIMS Integration Center(NIC)web page,www fema gov/nims, or as communicated by
the Department.
11. The Contractor may not exceed 5% of the total grant award on Management and Administrative
expenditures.
12. Submit at a maximum monthly and a minimum quarterly, signed and approved 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 Contractor.
• No equipment costs will be reimbursed until the equipment has been received by the Contractor
and invoiced by the vendor.
• Each A-19 will be accompanied by a spreadsheet detailing the expenditures. Related financial
documents and invoices must be kept on file by the Contractor and be made available upon request
to the 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 Contractor's authorized representative that"all
items invoiced have been received in good working order, are operational, and have been
inventoried according to contract and local procurement requirements". All contract work must end
on the contract end date, however the Contractor has up to 30 days after the contract end date to
submit all final billing.
13. Complete all work under the contract by the contract end date, to include receipt of equipment items,
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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 Regional Coordination meetings.
3. Manage and administer the FFY06 SHSP Grant Program.
4 Report accomplishments on project deliverables, including but not limited to:
a. NIMS compliance and resource typing;
b. Equipment purchased and training conducted for Haz Mat, USAR and EDU operations;
c. County EOC equipment upgrades completed;
d. Mobile command vehicles and mobile incident communications modules upgraded,operational
manual completed, trainings conducted and exercises completed;
e. Interoperability Communications equipment purchased, installed,tested,trainings conducted and
exercises completed;
f. Incident Management Team trainings completed;
g. Regional Coordination preparedness, prevention, response and recovery plans,assessments,
manuals and procedures completed;
h. Citizen Preparedness outreach provided and number of contacts reached;
i. Trainings completed and number of participants trained;
j. Exercises completed and number of participants;
k. Equipment purchased.
5. If necessary, hire a Subcontractor to assist in accomplishing the contract tasks.
THE MILITARY DEPARTMENT AGREES TO:
1. Provide technical assistance,expertise,and state coordination with G&T where necessary.
2. Reimburse the Contractor within 45 days of receipt and approval of signed,dated invoice vouchers (state
form A-19)and all documentation of expenditures as required.
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MILESTONE TIMELINE
FFY 2006 State Homeland Security Grant Program
MILESTONE TASK
July 1,2006 Start of grant performance period
August 2006 Submission of Initial Strategy Implementation Plan(ISIP)
October 2006 Contract Execution
January 15,2007 Submission of Bi-annual Strategy Implementation Report(BSIR)
& Progress Report
July 15,2007 Submission of Bi-annual Strategy Implementation Report(BSIR)
&Progress Report
January 15,2008 Submission of Bi-annual Strategy Implementation Report(BSIR)
&Progress Report
Apri130, 2008 Termination of the contract performance period; all work must end
under this grant.
No later than May 30,2008 Submit all final reports, invoices for reimbursement and/or
deliverables.
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Exhibit C
FFY06 Region 6 SHSP Grant
DETAILED BUDGET
PLANNING Sub-Category Funding Source: 763SU
Salaries&Benefits $ 344,000
Consuftants/Sub-Contracting $ 525,700
Goods&Services $ 55,046
Travel&Per Diem $ 2,000
Pass Thru $ 400,000
Other-Indirect $ -
Total $ 1,326,746
TRAINING Sub-Category Funding Source:763ST
Salaries&Benefits $ -
CverUme $ 100,000
Consultants/Sub-Contracting $ 35,000
Goods&Services $ 10,000
Travel&Per Diem $ -
Pass Thru $ 125,000
Other $ -
Total $ 270.000
EXERCISE Sub-Category Funding Source- 763SQ
Salaries&Benefits $ -
Overtime $ 10,000
Consultants/Sub-Contracting $ 50,000
Goods&Services $ 10,000
Travel&Per Diem $ -
Pass Thru $ 75,000
Other $ -
Total $ 145,000.00
MANAGEMENT&
ADMINISTRATION Sub-Category Funding Source: 763SA
Salaries&Benefits $ 140,000
Consultants/Sub-Contracting $ -
Goods&Services $ 5,000
Travel&Per Diem $ 2,040 M&A Total cannot exceed
Pass Thru $ - $ 147,039.30
Other $ -
Total $ 147.040
EQUIPMENT $ 1,052,000 Funding Source: 763SS
For Detail see Approved Equipment list Exhibit D
Total Budget $ 2,940,786
'1 Expenditures may only occur within the categories and sub-categories listed above However,changes of up to 10%can be
changed without prior approval from the Department Changes that exceed 101/o will regwre the Contractor submit a budget
change request to the Department for approval
`2 G&T Grant program requirements affirm that federal funds will be used to supplement existing funds,and will not replace
(supplant)funds that have been appropriated for the same purpose
'3.Management and Administration expenditures cannot exceed 5%of the total contract award
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Exhibit D
DEPARTMENT PURCHASED EQUIPMENT
IFFY 2006 STATE HOMELAND SECURITY GRANT PROGRAM
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 Cost
Approved
Total
Total amount de-obligated under this contract: $
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Exhibit E
HOMELAND SECURITY BI-ANNU.AL PROGRESS REPORT FORM
FFY 2006 STATE HOMELAND SECURITY GRANT PROGRAM
CONTACT INFORMATION:
Jurisdiction:
Contract#:
Completed By:
Email address:
Telephone Number:
REPORTING PERIOD:
❑ July 1, 2006—December 31,2006 (due January 15th)
❑ January 1, 2007-June 30, 2007 (due July 15th)
❑ July 1, 2007—December 31,2007 (due January 15th)
❑ Close-out Report (due May 30th)
1. How do the projects under this contract meet the overall goals and objectives of the Washington
Statewide Homeland Security Strategic Plan and the Washington State Homeland Security Grant
Program Investment Justifications? (This question must only be answered for the first reporting cycle,
unless projects change during the life of the contract)
2. What sub-grants have been awarded under this contract? List the agencies and the amounts. (This
question must only be answered for the first reporting cycle, unless the list changes during the life of the
contract.)
3. Describe progress made to-date in development and Implementation of each project funded under
this contract.
4. Have there been significant successes or challenges to-date,and any that can be foreseen for the
future? Have any issues arisen that will prevent completion of the projects by the contract end
date.
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COMPLIANCE WITH APPLICABLE LAWS AND GRANT REQUIREMENTS
1 Equal Employment Opportunity
During the performance of this Subgrant,the Subgrantee shall comply with all federal and state
nondiscrimination statutes and regulations. These requirements include, but are not limited to:
a. Nondiscrimination in Employment: The Subgrantee shall not discriminate against
any employee or applicant for employment because of race, color, sex, religion,
national origin, creed, marital status, age, Vietnam era or disabled veterans
status,or the presence of any sensory, mental, or physical handicap. This
requirement does not apply, however, to a religious corporation,association,
educational institution or society with respect to the employment of individuals of a
particular religion to perform work connected with the carrying on by such
corporation, association, educational institution or society of its activities.
b. The Subgrantee shall take affirmative action to ensure that employees are
employed and treated during employment without discrimination because of their
race,color, religion, national origin, creed, marital status, age,Vietnam era or
disabled veterans status, or the presence of any sensory, mental, or physical
handicap. Such action shall include, but not be limited to,the following:
Employment, upgrading, demotion, or transfer, recruitment,or recruitment
selection for training, including apprenticeships and volunteers.
Ref: Executive Order 11246, as amended by Executive Order 11375;Title VII of the Civil Rights Act,
as amended, 42 USC § 2000e; section 4 of the Age Discrimination in Employment Act of 1967, as
amended, 2,9 USC § 623; section 102 of the Americans with Disabilities Act, as amended, 42 USC
§§ 12101 et seq.;29 CFR Part 1630;41 CFR§60-1.4.
2 Non-Discrimination
During the performance of this Agreement, neither the Subgrantee nor any party subcontracting
under the authority of this Agreement shall discriminate on the basis of race,color, sex, religion,
nationality, creed, marital status, sexual orientation, age, or presence of any sensory, mental, or
physical handicap in the employment or application for employment or in the administration or
delivery of or access to services or any other benefits under this Agreement as defined by King
County Code, Chapter 12.16.
During the performance of this Agreement, neither the Subgrantee nor any party subcontracting
under the authority of this Agreement shall engage in unfair employment practices as defined
by King County Code, Chapter 12.17 or 12.18.
The Subgrantee shall comply fully with all applicable Federal, State and local laws, ordinances,
executive orders and regulations that prohibit such discrimination. These laws include, but are
not limited to, RCW Chapter 49.60 and Titles VI and VII of the Civil Rights Act of 1964.
During the performance of this Agreement, the Subgrantee, for itself, its assignees and
successors-in-interest agrees as follows:
A. Nondiscrimination
The Subgrantee, with regard to the work performed by it during the Agreement, shall not
discriminate on the grounds of race, color, creed, gender, disability, age or national origin
in the selection and retention of subcontractors. The Subgrantee shall not participate
either directly or indirectly in the discrimination prohibited by Section 21.5 of the
Regulations, including employment practices when the Agreement covers a program set
forth in Appendix B of the Regulations.
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Ref: 20 USC §§ 1681 et seq., Age Discrimination Act of 1975, as amended, 42 USC §§ 6101 et seq.;
Section 504 of the Rehabilitation Act of 1973,as amended,29 USC§794,Americans with Disabilities Act of
1990(ADA),as amended,42 USC§§12101 et seq.
B. Solicitations for Subcontracts. Including Procurements of Materials and Equipment
In all solicitations either by competitive proposal or negotiation made by the Subgrantee for
work to be performed under a subcontract each potential subcontractor or supplier shall be
notified by the Subgrantee of the Subgrantee's obligations under this Agreement and the
regulations relative to nondiscrimination on the grounds of race, color, creed, gender,
disability, age or national origin.
C. Information and Reports
The Subgrantee shall provide all information and reports required by the regulations or
directives issued pursuant thereto and shall permit access to its books, records, accounts,
other sources of information, and its facilities as may be determined to be pertinent to
ascertain compliance with such regulations, orders and instructions. The Subgrantee shall
maintain all required records for at least six (6) years after King County makes final
payment and all other pending matters are closed.
D. Incorporation of Provisions
The Subgrantee shall include the provisions of paragraphs A through D of this section in
every subcontract, unless exempt by the regulations or directives issued pursuant thereto.
The Subgrantee shall take such action with respect to any subcontract or procurement as
King County or DHS may direct as a means of enforcing such provisions, including
sanctions for noncompliance. Provided, however, that, in the event the Subgrantee
becomes involved in or is threatened with litigation with a subcontractor or supplier as a
result of such direction, the Subgrantee may request King County to enter into such
litigation to protect the interests of the County, and in addition, the Subgrantee may
request the Federal Government to enter into such litigation to protect the interests of the
United States.
3 Americans With Disabilities Act
In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. §
12112, the Contractor shall comply with the requirements of U.S. Equal Employment
Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the
Americans with Disabilities Act,"29 C.F.R. Part 1630, pertaining to employment of persons with
disabilities.
The Subgrantee is required to comply with all applicable requirements of the Americans with
Disabilities Act of 1990 (ADA),42 USC§§ 12101,et seq.; Section 504 of the Rehabilitation Act of
1973, as amended, 29 USC § 794; and, and the following regulations and any amendments
thereto:
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A. U.S. Department of Justice (DOJ) regulations, "Nondiscrimination on the Basis of
Disability in State and Local Government Services,"28 CFR Part 35;
B. U.S. Department of Justice regulations, "Nondiscrimination on the Basis of Disability by
Public Accommodations and in Commercial Facilities,"28 CFR Part 36;
C. U.S. General Services Administration regulations, "Construction and Alteration of Public
Buildings,"41 CFR Subpart 101-19;
D. U.S. Equal Employment Opportunity Commission (EEOC) "Regulations to Implement
the Equal Employment Provisions of the Americans with Disabilities Act," 29 CFR Part
1630;
E. U.S. Federal Communications Commission regulations, 'Telecommunications Relay
Services and Related Customer Premises Equipment for the Hearing and Speech
Disabled", 47 CFR Part 64, Subpart F.
4 Privacy Act
Should the Subgrantee, or any of its subcontractors, or their employees administer any system of
records on behalf of the Federal Govemment, the Privacy Act of 1974, 5 USC § 552a, imposes
information restrictions on the party administering the system of records.
For purposes of the Privacy Act, when the Agreement involves the operation of a system of
records on individuals to accomplish a government function, the Subgrantee and any
subcontractors and their employees involved therein are considered to be govemment
employees with respect to the government function. The requirements of the Act, including the
civil and criminal penalties for violations of the Act, apply to those individuals involved. Failure to
comply with the terms of the Act or this provision of this Agreement shall make this Agreement
subject to termination. The Subgrantee agrees to include this clause in all subcontracts awarded
under this Agreement that involve the design, development, operation, or maintenance of any
system of records on individuals subject to the Act.
5 Interest of Members of or Delegates of Congress
Pursuant to 41 USC § 22, no member of or delegate to the Congress of the United States shall
be admitted to any share or part of this Agreement or to any benefit arising therefrom.
6 Disclosure of Lobbying Activities
Agreements in excess of $100,000 require that a Certification Regarding Lobbying, and
Disclosure of Lobbying Activities (if appropriate), be completed and submitted to King
County as required by 49 CFR Part 20, "New Restrictions on Lobbying."
The Subgrantee certifies that it shall not and has not used Federal appropriated funds to pay
any person or organization for influencing or attempting to influence an officer or employee
of any agency, a member of Congress, officer or employee of Congress, or an employee of
a member of Congress in connection with obtaining any Federal Contract,grant or any other
award covered by the Byrd Anti-Lobbying Amendment, 31 USC § 1352. The Subgrantee
shall disclose the name of any registrant under the Lobbying Disclosure Act of 1995,
codified at 2 USC § 1601 et seq., who has made lobbying contacts on its behalf with non-
Federal funds with respect to that Federal Contract, grant or award covered by 31 USC §
1352. Such disclosures are to be forwarded to King County.
The Subgrantee shall include the language of this certification in all subcontract awards at
any tier and require that all recipients of subcontract awards in excess of $100,000 shall
certify and disclose accordingly.
Ref: 49 CFR Part 20, modified as necessary by 31 USC§ 1352.
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7 False or Fraudulent Statements or Claims
The Subgrantee acknowledges that if it makes a false, fictitious, or fraudulent claim,
statement, submission, or certification to King County in connection with this project, the
County reserves the right to pursue the procedures and impose on the recipient the
penalties of 18 USC § 1001, 31 USC §§ 3729 and 3801 et seq., and/or 49 USC §
5307(n)(1), as may be appropriate.
The Subgrantee agrees to include this clause in all subcontracts awarded under this
Agreement.
8 Energy Conservation
The Subgrantee agrees to comply with mandatory standards and policies relating to energy
efficiency that are contained in the State Energy Conservation plan issued in compliance
with the Energy Policy and Conservation Act,42 USC§§ 6321 et seq., and 49 CFR Part 18.
The Subgrantee agrees to include this clause in all subcontracts awarded under this
Agreement.
9 Environmental Requirements
The Subgrantee agrees to comply with the applicable requirements of the National
Environmental Policy Act of 1969, as amended, 42 USC §§ 4321, et seq., consistent with
Executive Order No. 11514, as amended, "Protection and Enhancement of Environmental
Quality," 42 USC § 4321 note. Council on Environmental Quality regulations on
compliance with the National Environmental Policy Act of 1969, as amended, 42 USC §
4321 et seq. and 40 CFR Part 1500, et seq.
10 Preference for Recycled Products
To the extent practicable and economically feasible, the Subgrantee agrees to provide a
competitive preference for products and services that conserve natural resources and
protect the environment and are energy efficient. Examples of such products may include,
but are not limited to, products described in the United States EPA Guidelines at 40 CFR
Part 247, implementing section 6002 of the Resource Conservation and Recovery Act, as
amended,42 USC§6962, and Executive Order 12873.
11 Patent Rights
If any invention, improvement, or discovery of the Subgrantee or any of its Subcontractors is
conceived or first actually reduced to practice in the course of or under this Agreement, and
that invention, improvement, or discovery is patentable under the laws of the United States
or any foreign country, the Subgrantee agrees to notify King County immediately and
provide a detailed report. The rights and responsibilities of the Subgrantee and King County
with respect to such invention, improvement or discovery shall be determined in accordance
with applicable Federal laws, regulations, policies,and any waiver thereof.
Unless the Federal Government later makes a contrary determination in writing, irrespective
of the Subgrantee's status (i.e., a large business, small business, state government or state
instrumentality, local government, nonprofit organization, academic institution, individual),
the County and the Subgrantee agree to take the necessary actions to provide, through
DHS, those rights in that invention due the Federal Government as described in U.S.
Department of Commerce regulations, "Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants, Contracts and
Cooperative Agreements,"37 CFR Part 401.
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The Subgrantee also agrees to include the requirements of this section in each subcontract
for experimental, developmental, or research work financed in whole or in part with Federal
assistance provided by DHS.
Ref: 49 CFR Part 19,Appendix A, Section 5
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