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HomeMy WebLinkAbout04-077 - King County Emergency Management - Equipment GrantKing County Office of Emergency Management Department of Executive Services 7300 Perimeter Road South, Room 128 Seattle, WA 98108 -3848 206 =296 -3830 July 28, 2003 The Honorable Steve Mullet Mayor City of Tukwila 6200 Southcenter Boulevard Tukwila, Washington 98188 Dear Mayor Mullet: 1202M A-U77 1 The state of Washington was awarded $5,998,000 in Federal Fiscal Year (FFY) 2002, by the U.S. Department of Justice (DOJ), Office of Justice Programs, Office for Domestic Preparedness State Domestic Preparedness Program for equipment purchases. Attached are the documents that impact your organization as a receiving jurisdiction under the FFY02 Equipment Grant. The Washington State Military Department was designated the State Administrative Agency for this grant program and worked closely with all counties emergency management agencies to effectively make use of this resource through the assessment process. The purpose of the grant funding is to purchase equipment, in accordance with existing strategic plans, to ensure that the nation's state and local emergency responders have the equipment required to properly respond to terrorist incidents involving weapons of mass destruction (WMD). Realistically, successful response to a terrorist attack will 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 mutual aid agreements already in place among law enforcement, fire, EMS, hospitals, public works and public health service providers. Attachment A provides the projected list of equipment that will be distributed to your jurisdiction through FFY 2002 funds. This list is an estimate of the equipment that your jurisdiction will receive and is subject to change due to price fluctuation, tax variance, shipping costs, etc. Please review the attached list, and provide an authorizing signature to verify that your jurisdiction will receive the listed equipment. If your jurisdiction wishes to waive the order of some, or all, of the equipment listed, please notify the King County Office of Emergency Management in writing at 7300 Perimeter Road South, Seattle, WA 98108 -3848. KC OEM's point of contact is Mr. Shad Burcham; he can be reached at 206 205 -8106. The decisions on WMD equipment types and distribution were made by a multi disciplinary team comprised of representatives of Seattle, Port of Seattle, Bellevue Fire departments, Seattle and Kent police, King County Sheriff's Office (KCSO), Seattle Public Utilities, Soos Creek Cedar River Water /Sewer Districts, Tukwila Public Works, King County Department of Natural Resources Parks, Tukwila Emergency Management, Seattle -King Public Health, Medic One and the Washington State Hospital Association. Population, geography, potential targets, and hazardous materials response capabilities were included in the decision making process for equipment allocation. ENT'DSEP2320Q4 Attachment B lists the certifications and assurances the U.S. DOJ requires as part of the grant package. As a recipient of federal funding, the Military Department and King County made certain assurances to the U.S. DOJ in the grant application. The final receiving jurisdiction (City of Tukwila), must also abide by the assurances. Specifically, non discrimination and lobbying requirements require certifications by sub recipients of the funding under this grant. The federal funding also places property management responsibility on the Military Department, King County and final receiving jurisdictions. Attachment C provides the Department of Justice Property and Equipment Post Award Requirements, which will become the responsibility of the final recipient (receiving jurisdiction) of the equipment. Attachment D is the Distribution Agreement, between King County and the final receiving jurisdiction for property management. 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 it becomes the property of, and responsibility of the final receiving jurisdictions to provide training, maintenance, and storage. The final receiving jurisdictions will be responsible for the inventory accountability to King County OEM and the Military Department for DOJ audits on the items accepted by that jurisdiction. Although Congress has appropriated significant funding for this equipment, this grant does not mandate that your jurisdiction purchase replacement equipment. Attachment E requests the point of contact information in your agency. The equipment purchased with these grant funds must be distributed in accordance with the DOJ process. Please provide the point of contact information for delivery of all equipment. Equipment will be delivered to multiple locations in each jurisdiction and it will be the responsibility of the sub recipient to deliver to locations within that jurisdiction. Attachment F is a sample hand receipt that will accompany each delivery. Please complete the Index of Attachments, along with Attachments A, B, D, and E. if you have questions please call Mr. Shad Burcham at 206 205 -8106. When signed, please mail to Mr. Burcham at: King County Office of Emergency Management (OEM) 7300 Perimeter Road South Seattle WA 98108 -3848. Thank you for your immediate attention to these requests, and your support on this critical issue. Paul Tanaka, County Administrative Officer Attachments cc: Eric Holdeman, Director, Office of Emergency Management, Department of Executive Administration (DES) Shad Burcham, Project Manager,OEM, DES 2 INDEX OF ATTACHMENTS King County FFY02 DOJ Equipment Grant This list is a summary of the attachments discussed in the letter and also indicates the action needed by the final receiving agency. Attachment A: WMD 02 Equipment Projected to be Distributed from Washington State Military Department through King County (Attachment must be signed and sizes must be provided.) Signed: Sizes Provided: Yes No Yes No Attachment B: Certifications and Assurances (Attachment must be signed.) Signed: Yes No Attachment C: Department of Justice Property and Equipment Post Award Requirements Please initial: Concur Attachment D: Distribution Agreement (Attachment must be signed.) Signed: Yes No Attachment E: Agency Point of Contact for Delivery Completed (Please initial): Yes No Attachment F: Sample Hand Receipt Please initial: Concur 3 Name of Jurisdiction or Agency: City of Tukwila Contact Person: Chief Keith Haines Equipment Category I Item I Unit Cost I Qty I Size I Total Cost I Discipline Personal Protective MSA, APR Advantage 1000, $127.62 18 ,1 $2,297.16 (18) LEA Facepiece law enforcement. Item available in small, medium, and large, please specify quantity of each size. Detection WMD 02 EQUIPMENT PROJECTED TO BE DISTRIBUTED FROM KING COUNTY OEM TO CITY OF TUKWILA Sizes required for all equipment showing a shaded box in the size column. I, on behalf of the City of Tukwila, agree to accept the equipment listed above. If any significant changes are made, I will be notified by the King County Office of ergency Managerylent, prior to the order being placed. Autho.riz -d Signature Title City of Tukwila Attachment A King County FFY02 DOJ Equipment Grant Page 1 of 1 MSA, Advantage CBA -RCA canister, $23.63 36 N/A $850.68 (36) LEA used for chem /bio and riot control. Siemens EPD Mk2 Dosimeter $450.00 4 N/A $1800.00 (4) HAZMAT IrDA Dosimeter Reader IIrDA Dosimeter Reader I $120.00 1 I N/A I $120.00I(1) HAZMAT I I I I I I I I I I I 1 Total Jurisdictional Request: $5,067.84 Sales Tax: $445.96 Grand Total: 5,513.80 Attachment B King County FFY02 DOJ Equipment Grant CERTIFICATIONS AND ASSURANCES Page 1 of 2 As a sub recipient (final receiving jurisdiction) of equipment purchased with federal funds under the STATE DOMESTIC PREPAREDNESS PROGRAM grant, Award Number 2002 -TE -CX -0131 (CFDA 16.007), the 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 1 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: 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. c) The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including sub grants, contracts under grants and cooperative agreements, and subcontracts) and that all sub -reci ie is shall certify and disclose accordingly. Authorized ign ure 64 (5 C R f Title City o Tukwi q z0 If Date Attachment B King County FFY02 DOJ Equipment Grant Page 2 of 2 Attachment C King County FFY02 DOJ Equipment Grant PART III POST AWARD REQUIREMENTS Chapter 11: Reportina Requirements Chapter 12: Retention and Access Requirements for Records Chapter 13: Sanctions Chapter 14: Termination for Convenience Chapter 15: Costs Requirina Prior Approval Chapter 16: Unallowable Costs Chapter 17: Indirect Costs Chapter 18: Closeout Chapter 19: Audit Requirements Page 1 of 3 Chapter 1: Payments Chapter 2: Period of Availability of Funds Chapter 3: Matching or Cost Sharing Chapter 4: Program Income Chapter 5: Adjustments to Awards Chapter 6: Property and Equipment Chapter 7: Allowable Costs Chapter 8: Confidential Funds Chapter 9: Sub awards Chapter 10: Procurements Under Awards of Federal Assistance Attachment C King County FFY02 DOJ Equipment Grant Chapter 6: Property and Equipment Acquisition of Property and Equipment. Recipients /Final Receiving Jurisdictions are required to be prudent in the acquisition and management of property with Federal funds. Expenditure of funds for the acquisition of new property, when suitable property required for the successful execution of projects is already available within the recipient or Final Receiving Jurisdiction organization, will be considered an unnecessary expenditure. Note: Equipment purchased using funds made available under Federal grants shall be year 2000 compliant and shall be able to process all time /date data after December 31, 1999. Screening. Careful screening should take place before acquiring property in order to ensure that it is needed with particular consideration given to whether equipment already in the possession of the recipient/final receiving jurisdiction organization can meet identified needs. While there is no prescribed standard for such review, recipient/final receiving jurisdiction procedures may establish levels of review dependent on factors such as the cost of the proposed equipment and the size of the recipient or final receiving jurisdiction organization. The establishment of a screening committee may facilitate the process; however, a recipient or final receiving jurisdiction may utilize other management techniques which it finds effective as a basis for determining that the property is needed and that it is not already available within the recipient's organization. The awarding agency's program monitors must ensure that the screening referenced above takes place and that the recipient/final receiving jurisdiction has an effective system for property management. Recipients /final receiving jurisdictions are hereby informed that if the awarding agency is made aware that the recipient/final receiving jurisdiction does not employ an adequate property management system, project costs associated with the acquisition of the property may be disallowed. Loss, Damage, or Theft of Equipment. Recipients /final receiving jurisdictions are responsible for replacing or repairing the property which is willfully or negligently lost, stolen, damaged, or destroyed. Any Toss, damage, or theft of the property must be investigated and fully documented and made part of the official project records. Real Property Acquired with Formula Funds. 1. Land Acquisition. Block/formula funds CANNOT be used for land acquisition. 2. Title. Subject to the obligations and conditions set forth in the award, title to real property acquired under an award or sub award vests, upon acquisition, in the recipient or final receiving jurisdiction. 3. Use of Real Property. The recipient and its final receiving jurisdictions may use real property acquired, in whole or in part, with Federal funds for the authorized Page 2 of 3 Attachment C King County FFY02 DOJ Equipment Grant purposes of the original grant or sub award as long as needed for that purpose. The final receiving jurisdiction shall maintain an inventory report which identifies real property acquired, in whole or in part, with block or formula funds. The recipient or final receiving jurisdiction shall not dispose of or encumber its title or other interests. 4. Disposition. The final receiving jurisdiction shall obtain approval for the use of the real property in other projects when the final receiving jurisdiction determines that the real property is no longer needed for the original grant purposes. Use in other projects shall be limited to those under other Federally- sponsored projects or programs that have purposes consistent with those authorized for support by the State. When the real property is no longer needed as provided above, the final receiving jurisdiction shall request disposition instructions from the State. The State shall exercise one of the following: a. Direct the real property to be transferred to another final receiving jurisdiction or a criminal justice activity needing the property, provided that use of such real property is consistent with those objectives authorized for support by the State. b. Return all real property furnished or purchased wholly with Federal funds to the control of the awarding agency. In the case of real property purchased in part with Federal funds, the final receiving jurisdiction may be permitted to retain title upon compensating the awarding agency for its fair share of the property. The Federal share of the property shall be computed by applying the percentage of the Federal participation in the total cost of the project for which the property was acquired to the current fair market value of the property. In those instances where the final receiving jurisdiction does not wish to purchase real property originally purchased in part with Federal funds, disposition instructions shall be obtained from the awarding agency. Page 3 of 3 Attachment D King County FFY02 DOJ Equipment Grant DISTRIBUTION AGREEMENT This Contract is entered into by King County represented by the Department of Executive Services, Office of Emergency Management and The City of Tukwila (Final Receiving Jurisdiction), whose address is 6200 Southcenter Boulevard Tukwila, Washington 98188 The Department is undertaking certain activities related to the STATE DOMESTIC PREPAREDNESS PROGRAM Project as funded by the U.S. Department of Justice under Grant Award Number 2002 -TE -CX -0131. Under the terms and conditions of Grant Award Number 2002 -TE -CX -0131, the Department 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 the City of Tukwila is described in Attachment A. 2. The equipment delivered to the City of Tukwila is accepted "as is" by the City of Tukwila 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 the City of Tukwila. 3. The City of Tukwila is responsible for the exchange of equipment with like items for proper size, etc. King County will provide all exchange information to the City of Tukwila. 4. The City of Tukwila is responsible for property accountability and all training related to the proper use, care and maintenance of the delivered equipment. 5. King County assumes no responsibility for the use, care or maintenance of the delivered equipment by the City of Tukwila. The City of Tukwila shall protect, defend, indemnify and save harmless King 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 City of Tukwila, its officers, employees, and /or agents. The City of Tukwila 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 City of Tukwila, by mutual negotiation, hereby waives, as respects King County only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. In the event King 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 City of Tukwila. In addition, King County shall be entitled to recover from the City of Tukwila, 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 Page 1 of 2 Mayor Attachment D King County FFY02 DOJ Equipment Grant 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. The City of Tukwila shall comply with the Department of Justice Post Award Requirements, Chapter 6: Property and Equipment, of Grant Award Number 2002 -TE -CX -0131, Attachment C, copy attached and incorporated by reference as if fully stated herein. S1,v4,„ (v>w>usiLA- Steve Mullet l Pali. T City of Tukwila 5fo Date Page 2 of 2 County Administrative Officer King County Date N O L ArrAV-t_ altL-4SLWil`- Name: Keith Haines Title: Chief Attachment E Washington State FFY02 DOJ Equipment Grant AGENCY POINT OF CONTACT FOR DELIVERY Page 1 of 1 Organization:_City of Tukwila Police Shipping Address (cannot be a PO Box): N/A (Centralized at Seattle Police Dpt Quartermaster) City, State, Zip: Fax Number: _206 -244- 6181 Phone Number: _206 -433- 1808 E -mail Address :_khaines @ci.tukwila.wa.us (Date) Name Organization Address City, State, Zip Description Equipment Category Attachment F King County FFY02 DOJ Equipment Grant SAMPLE HAND RECEIPT I hereby acknowledge receipt of the following equipment from the State Domestic Preparedness Program. Model Serial (if any) Quantity Item I Unit Cost Qty Size Total Cost Discipline Personal MSA, APR Advantage 1000, Face $127.62 18 1GG $2,297.16 (18) LEA Protective piece law enforcement. Item available in small, medium, and large; please specify quantity of each .size. MSA, Advantage CBA -RCA $23 63 36 N/A $850.68 (36) LEA canister, used for chem /bio and riot control. Detection Siemens EPD Mk2 Dosimeter $450.00 4 N/A $1800 00 (4)HAZMAT IrDA Dosimeter Reader 1 $120.00 1 1 N/A f $120.00 1(1) HAZMAT Page 1 of 1 Total Jurisdictional Request: Sales Tax: Grand Total: $5,067.84 $445.96 5,513.80 Attachment F King County FFY02 DOJ Equipment Grant We understand this is a one -time grant and, as such, the final recipient is responsible for the maintenance, training, and proper storage of the equipment. Equipment lost, stolen, or unrepairable will not be replaced. We also hold the U.S. Department of Justice, the Washington State Military Department and King County harmless for any and all damages that may result from the acceptance of this equipment, including data loss. Signed by: Title: Wil C, P3 (I Telephone: 7 2 Date: q Page 2 of 1