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HomeMy WebLinkAbout00-045 - King County Emergency Management - Grant Acceptance for Emergency PreparednessKing County Office of Emergency Management Emergency Management Division Department of Information and Administrative Services 7300 Perimeter Road South, Room 128 Seattle, WA 98108-3848 (206) 296-3830 June 23, 2000 S"gSE fittLL4.1 The Honorable Mayor City of Tukwila 6200 South Center Blvd Tukwila, Washington 98188 Dear Sir• it co -0-11/- On cam On December 21, 1999 King County was awarded $300,000 00 by the U S Department of Justice under the State and Local Domestic Preparedness Equipment Support Program Project. King County Office of Emergency Management (OEM), has been designated Grant Manager for this project, and has been working closely with the response community to effectively make use of this resource. The purpose of the grant funding was to purchase and distribute personal protective, chemical, biological, and radiological detection, and decontamination equipment to local response agencies This equipment will provide law enforcement, fire and emergency medical services with the proper equipment to respond to terrorist incidents involving Weapons of Mass Destruction (WMD) Realistically, successful response to a terrorist incident may require mutual aid resources from all WMD equipment recipient agencies in King County This equipment is considered part of the mutual aid resources available under the mutual aid agreements already in place among law enforcement, fire, EMS, and hazardous materials service providers. King County is pleased to distribute the items described in the enclosed list to your Jurisdiction. The decisions on WMD equipment types and distribution were made by a multi -disciplinary team composed of representatives of King County's police and fire chiefs associations, hazardous materials response team providers, emergency medical services (EMS), and the Seattle Office of the Federal Bureau of Investigation (FBI) Population, geography, potential targets and hazardous materials response capabilities were included in the decision making process As a recipient of federal funding, King County made certain assurances to the U S Department of Justice in the grant application. Some of the assurances must flow down to your jurisdiction as well Specifically, non-discnmination and lobbying requirements require certifications by 1 sub -recipients of the funding under this grant. The required certifications are enclosed with this letter (pages 4-5) The federal funding also places property management responsibility on King County and its subrecipients. A copy of the minimum requirements for property management is also included with this letter (Attachment 1) Finally, King County is acting as a pass through agency for the purchase and distribution of the equipment purchased with the grant funds. Once the equipment is delivered to your jurisdiction or agency, it becomes your responsibility for maintenance and storage Although Congress has appropriated significant funding for this type of equipment, this grant does not mandate that your jurisdiction, purchase replacement equipment. Enclosed is a document (page 3) that lists the equipment that will be transferred to your jurisdiction. Where documents require signatures, (pages 5 and 7), please sign and return to me at King County OEM, 7300 Perimeter Road South, Seattle, WA 98108-3848 Thank you for your attention to these details. Please call me at 206-205-8106 if you have questions. Sincerely, Sh: dric Burcham Grant Administrator Attachment cc Tom Keefe, Chief, Tukwila Fire Department 2 Name of Jurisdiction or Agency- City of Tukwila_ Contact Person. Chief Tom Keefe WMD 99 EQUIPMENT DISTRIBUTED FROM KING COUNTY TO (City of Tukwila) EQUIPMENT QUANTITY Level A Suits 4 ea. Savox In -Suit Communications System 4 ea. Photo -Ionization Detector (PPM) 1 ea. Photo -Ionization Detector (PPB) 1 ea. Sampling Kit 1 ea. CDS Dragger Chemical Detection Kit Tubes 2 ea. CMS Dragger Chemical Detection Kit 1 ea. CMS Extra Chips (5) 5 ea. CMS Training Chips 6 ea. MPG Dosimeters w/alarm 4 ea. 3 CERTIFICATIONS AND ASSURANCES As a sub -recipient of equipment purchased with federal funds under the STATE AND LOCAL DOMESTIC PREPAREDNESS EQUIPMENT SUPPORT PROGRAM project, Award Number 2000 -TE -CX -0003, (City of Tukwila) makes the following certifications and assurances 1 OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968 It will comply with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate, the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100 1, and all other applicable Federal laws, orders, circulars, or regulations. 2 CIVIL RIGHTS It will comply with the nondiscrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims of Crime Act (as appropriate), Title VI of the Civil Rights Act of 1964, as amended, Section 504 of the Rehabilitation Act of 1973, as amended, Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990), Title IX of the Education Amendments of 1972, the Age Discrimination Act of 1975, Department of Justice Non - Discrimination Regulations, 28 CFR Part 42, Subparts C,D, E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39 3 LOBBYING (Required for funding over $100,000) As required by Section 1352 of the U S Code, and implemented at 28 CFR Part 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR Part 69, the applicant certifies that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement; (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form — LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. 4 (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all sub -recipients shall certify and disclose accordingly W\ ►`V\ Authorized Signature Title City of Tukwila Q#9/Or?") Date 5 DISTRIBUTION AGREEMENT This Contract is entered into by KING COUNTY (County) and City of Tukwila (Agency), whose address is 6200 South Center Blvd, Tukwila WA 98188 The County is undertaking certain activities related to the STATE AND LOCAL DOMESTIC PREPAREDNESS EQUIPMENT SUPPORT PROGRAM Project as funded by the U S Department of Justice under Grant Award Number 2000 -TE -CX -003 Under the terms and conditions of Grant Award Number 2000 -TE -CX -003, the County will be distributing specialized emergency response equipment to the City of Tukwila. The distribution of the equipment is subject to the following terms and conditions. 1 The Equipment delivered to Agency is as described in the enclosed attachment. 2. The Equipment delivered to Agency is accepted "as is" by the Agency with the understanding that King County disclaims all warranties for the delivered equipment. Should the equipment not perform as specified by the vendor, King County will provide all warranty repair information to Agency 3 The Agency is responsible for all training related to the proper use, care and maintenance of the delivered equipment. 4 The County assumes no responsibility for the use, care or maintenance of the delivered equipment by Agency Agency shall protect, defend, indemnify and save harmless the County, its officers, employees and agents from any and all costs, claims, judgments and/or awards of damages, arising out of or in any way resulting from the negligent acts or omissions of the Agency, its officers, employees, and/or agents. The Agency agrees that its obligations under this subparagraph extend to any claim, demand, and/or cause of action brought by or on behalf of any of its employees, or agents. For this purpose, the Agency, by mutual negotiation, hereby waives, as respects the County only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW In the event the County incurs attorney fees and/or costs in the defense of claims, for damages within the scope of this section, such fees and costs shall be recoverable from the Agency In addition County shall be entitled to recover from the Agency, fees, and costs incurred to enforce the provisions of this section. 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 6 1 Agency shall comply with the equipment management requirements of Grant Award Number 2000 -TE -CX -003, (Attachment 1 pages 49-50 of US Department of Justice "Financial Guide" Part III, Chapter 6 dated April, 1996) copy attached an incorporated by reference as if fully stated herein. cleckb/3 M A() 44— c=r--. uthorized Signature Title /1 City of Tukwila (Agency) Dat Authorized Signature Title King County Date 7 (2) The recipornt or subrecipient shall also make eq lent available for use on other projects or programs currently or previously supported by the Federal government, providing such use does not interfere with the work on the projects or programs for which it was onginally acquired First preference for other use shall be given to other programs or projects supported by the awarding agency User fees should be considered and treated as program income to the project, if appropriate Notwithstanding program income, the recipient or subrecipient shall not use equipment acquired with funds to provide services for a fee to compete unfairly with private companies that provide equivalent services, unless specifically permitted or contemplated by Federal statute. (4) When acquinng replacement equipment, recipients or subrecipients may use the equipment to be replaced as a trade-in or sell the equipment and use the proceeds to offset the cost of the replacement equipment subject to the written approval of the awarding agency (3) 3 Management. a. A State shall manage equipment acquired under an award by the State, in accordance with State laws and procedures b Other government recipient and subrecipient procedures for managmg.equipment (including replacement), whether acquired in whole or m part with project funds, will, at a minimum, meet the following requirements (1) Property records must be maintained which include (a) (b) (c) (d) (e) (f) (g) (h) (i) a) April 1996. Part III, Chapter 6 Descnption of the property; Senal number or other identification number; Source of the property; Identification of who holds the title, Acquisition date, Cost of the property; Percentage of Federal participation in the cost of the property; Location of property; Use and condition of the property, and Disposition data including the date of disposal and sale pnce mAkoct- 6--c (2) A physical inventory of the property must be—taken and the results reconciled with the property records at least once every two years. (3) A control system must exist to ensure adequate safeguards to prevent: (a) Loss, (b) Damage, or (c) Theft of the property Any loss, damage, or theft shall be investigated by the recipient and subrecipient, as appropnate (4) Adequate maintenance procedures must exist to keep the property in good condition. (5) If the recipient or subrecipient is authorized or required to sell the property, proper sales procedures must be established to ensure the highest possible return. 4 Disposition. a. A State recipient shall dispose of its equipment acquired under the award in accordance with State laws and procedures. b Other government recipients and subrecipients shall dispose of the equipment when onginal or replacement equipment acquired under the award or subaward 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 (1) Items with a current per unit fair market value of less than $5,000 may be retained, sold, or otherwise disposed of with no further obligation to the awarding agency (2) Items with a current per unit fair market value in excess of $5,000 may be retained or sold and the awarding agency shall have a right to an amount calculated by multiplying the current market value or proceeds from sale by the awarding agency's share of the equipment. Seller is also eligible for sale costs. (3) In cases where a recipient or subrecipient fails to take appropriate disposition actions, the awarding agency may direct the recipient or subrecipient to take other disposition actions 50 ., _:1 1004.. Dom.. TIT Chnnrrr A