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HomeMy WebLinkAbout4591 RESOLUTION NO. 4591 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, FORMALLY ACCEPTING A GRANT FROM THE WASHINGTON STATE MILITARY DEPARTMENT IN THE AMOUNT OF SEVENTY FIVE THOUSAND ONE HUNDRED SEVENTY SEVEN DOLLARS ($75,177.00) FROM THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE NECESSARY AGREEMENTS TO ACCEPT SAID FUNDS WHEREAS, the City created and maintains an active Emergency Management Program; and WHEREAS, the United States Department of Homeland Security makes available Emergency Management Performance Grant monies to local emergency management programs; and WHEREAS, the Washington State Military Department, Emergency Management Division has approved a grant of those monies to the City of Auburn Emergency Management program. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Purpose. The City Council of the City of Auburn does hereby accept the Washington State Military Department, Emergency Management Division offer of a grant in the amount of Seventy Five Thousand One Hundred Seventy Seven Dollars ($75,177.00) as the City's allotment of annual Emergency Management Performance Grant monies. Resolution No. 4591 April 8, 2010 Page 1 of 2 Section 2. Implementation. The Mayor of the City of Auburn is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this resolution. Section 3. Effective Date. This Resolution shall take effect and be in full force upon passage and signatures hereon. DATED AND SIGNED THIS DAY OF APRIL, 2010. CITY OF AUBURN J ~ PETER B. LEWIS MAYOR ATTEST: ~ Danielle E. Daskam, City Clerk APA FORM: D ' I . eid, City Attorney Resolution No. 4591 April 8, 2010 Page 2 of 2 Washington State Military Department CONTRACT FACE SHEET 1 Contractor Name and Address City of Auburn Emergency Management 25 West Main Street Auburn, WA 98001 2 Contract Amount $75,177 3 Contract Number E10 -241 4 Contractor's Contact Person, phone number Sarah Miller, (253) 876 -1909 skmiller @auburnwa.gov 5 Contract Start Date October 1, 2009 - 6 Contract End Date March 31, 2011 7 MD Program Manager /phone number Charma Anderson, (253) 512 -7064 c.anderson @emd.wa.gov 8 Data Universal Numbering System (DUNS #) 32942575 9 UBI # (state revenue) 171 - 000 -010 10 Funding Authonty Washington State Military Department (Department) and the U.S. Department of Homeland Security (DHS) 11 Funding Source Agreement # 2010- V0065 -WA -EP 12 Program Index # & OBJ /SUB -OJ 703PT NZ 13 CFDA # & Title 97.042 14 TIN or SSN 91- 6001228 15 Service Districts (BY LEGISLATIVE DISTRICT) 30,31,47 (BY CONGRESSIONAL DISTRICT) 8,9 16 Service Area by County(ies) King, Pierce 17 Women /Minority- Owned, State Certified'? X N/A • NO • YES, OMWBE # 18 Contract Classification • Personal Services • Client Services X Public/Local Gov't • Collaborative Research • A/E • Other 19 Contract Type (check all that apply) X Contract • Grant • Agreement • Intergovernmental (RCW 39 34) • Interagency 20 Contractor Selection Process X "To all who apply & qualify" • Competitive Bidding • Sole Source • NE RCW • N/A • Filed w /OFM' • Advertised'? • YES • NO 21 Contractor Type (check all that apply) • Private Organization /Individual • For - Profit X Public Organization /Junsdiction X Non - Profit • VENDOR X SUBRECIPIENT • OTHER 22 Bnef Descnption Provide U.S. Department of Homeland Security (DHS) /Federal Emergency Management Agency (FEMA) Emergency Management Performance Grant (EMPG) funds to local jurisdictions and tribes with emergency management programs. The purpose of the funding is to support and enhance day -to -day emergency management operations. 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 (Exhibit A), Statement of Work (Exhibit B) and Budget (Exhibit C) and the attached Contractor's Scope of Work (Attachment A) 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 d . . . • ear las fled below FOR THE DEPARTMENT 7/414-0-4411 4(-2-3- (o F. ' • • ► OR APR 19 2010 nature Date mes M Mullen, Director Emergency Management Division Washington State Military Department APPROVED AS TO FORM Brian E Buchholz (signature on file) 3/12/2010 Assistant Attorney General Signature Date Peter B Lewis, Mayor ' For City of Auburn Emergency Management Form 10/27/00 kdb DHS - FEMA - EMPG -FFY 10 Page 1 of 21 City of Auburn Emergency Management E10-241 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 and in agreement with federal rates. Receipts and /or backup documentation for any approved budget line items including travel related expenses that are authorized under this contract must be maintained by the Contractor and be made available upon request by the Military Department Cumulative changes to budget categories in excess of 10% of the contract award will not be reimbursed without the prior written authorization from 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 submit the following reports to the Department's Key Personnel Financial # /Copies Invoices 1 contract, the Contractor shall prepare and Due Date Within 30 days after the end of the period in which the work was performed. Invoices must be submitted no more often than monthly and it is recommended that invoices be submitted at least bi- annually Final Invoice 1 No later than 45 days following the (shall not exceed overall contract amount) contract end date Program # /Copies Due Date Midterm Report Electronic July 15, 2010 Final Report Electronic No later than 45 days following the contract end date The Midterm Report and the Final Report will be submitted by email to the EMPG Program Assistant Failure to meet all of the reporting and invoicing deadlines will prohibit the Contractor from being reimbursed and will prevent vetting of equipment requests while contract requirements are outstanding All contract work must end on the contract end date, including receipt of supplies and equipment, however the Contractor has up to 45 days after the contract end date to submit all final reports, invoices, and /or deliverables 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 Name Sarah Miller Name Charma Anderson Title Grants Manager Title EMPG Program Manager E-Mail skmiller @auburnwa.gov E -Mail c.anderson • emd.wa.gov Phone (253) 876 -1909 Phone (253)512 -7064 Name Sierra Wardell Title EMPG Program Coordinator E -Mail s.wardell • emd.wa.gov Phone (253) 512 -7121 Name Charles Tomala Title EMPG Program Assistant E -Mail c.tomala • emd.wa.gov Phone (253 512 -7470 DHS- FEMA- EMPG -FFY 10 Page 2 of 21 City of Auburn Emergency Management E10-241 ARTICLE IV -- ADMINISTRATIVE REQUIREMENTS: The Contractor shall comply with all financial and procurement guidance, applicable laws and regulations, including competitive processes and other procurement requirements A non - exclusive list of regulations commonly applicable to DHS grants is 1 Administrative Requirements 44 CFR Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments; 2 CFR Part 215, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non - Profit Organizations (formerly OMB Circular A -110) 2 Cost Principles. 2 CFR Part 225, Cost Principles for State, Local, and Indian tribal Governments (formerly OMB Circular A -87); 2 CFR Part 220, Cost Principles for Educational Institutions (formerly OMB Circular A -21); 2 CFR Part 230, Cost Principles for Non - Profit Organizations (formerly OMB Circular A -122) and Federal Acquisition Regulations (FAR), Part 31 2 Contract Cost Principles and Procedures, Contracts with Commercial Organizations 3 Audit Requirements: OMB Circular A -133, Audits of States, Local Governments, and Non - Profit Organizations 4 Duplication of Benefits: There may not be a duplication of any Federal assistance, per 2 CFR Part 225, Basic Guidelines Section C.3 (c), which states- Any cost allocable to a particular Federal award or cost objective under the principles provided for in this Authority may not be charged to other Federal awards to overcome fund deficiencies, to avoid restrictions imposed by law or terms of the Federal awards, or for other reasons However, this prohibition would not preclude governmental units from shifting costs that are allowable under two or more awards in accordance with existing program agreements Non - governmental entities are also subject to this prohibition per 2 CFR Parts 220 and 230 and FAR Part 31 2 ARTICLE V -- ADDITIONAL SPECIAL CONDITIONS AND MODIFICATION TO GENERAL CONDITIONS: 1 Funds are provided by the U S Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA) solely for the use of supporting emergency management programs as provided by the Emergency Management Performance Grant (EMPG) Funding may not be used to replace or supplant existing local or tribal government funding of emergency management programs 2 The Contractor shall provide a match of $75,177 of non - federal origin. Match (cost share) may be cash or in -kind The grantee contributions must be reasonable, allowable, allocable and necessary under the grant program and must comply with all Federal requirements and regulations 3 The Contractor acknowledges that since this contract involves federal funding, the period of performance' described herein will likely begin prior to the availability of appropriated federal funds The 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 The 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 4 The Contractor agrees that in order to receive Federal Fiscal Year 2010 (FFY10) federal preparedness funding, to include EMPG, the National Incident Management System (NIMS) compliance requirements for 2010 must be met Applicants will be required to certify as part of their FFY10 EMPG applications that they have met the FFY09 NIMS requirements and will meet the FFY10 NIMS requirements The NIMS Integration Center (NIC) web page, http / /www fema gov /emergency /nims /index shtm, is updated regularly with information about the NIMS The website can also be used as a useful tool to determine the extent to which the jurisdiction is already compliant, as well as identify the NIMS requirements the jurisdiction has not yet met 5 Grant funds may not be used to replace or supplant existing funding DHS - FEMA - EMPG -FFY 10 Page 3 of 21 City of Auburn Emergency Management E10-241 ARTICLE VI — PROCUREMENT AND FINANCIAL MANAGEMENT: 1 All sole source contracts over $100,000 must 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 subcontractors, at which point the Contractor will be responsible for reviewing and approving their subcontractors' sole source justifications 2 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 subcontractors, at which point the Contractor will be responsible for reviewing and approving their subcontractors' contract. 3 No costs will be reimbursed in advance of their being incurred by the Contractor. 4 No costs will be reimbursed until the items have been received by the Contractor and invoiced by the vendor 5 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 6 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 states "all items invoiced have been received in good working order, are operational, and have been inventoried according to contract and local procurement requirements ". 7 No travel or subsistence costs, including lodging and meals, reimbursed with federal funds may exceed federal maximum rates which can be found at http / /www qsa qov ARTICLE VII — EQUIPMENT MANAGEMENT: All equipment purchased under this contract, by the Contractor or a Subcontractor, will be recorded and maintained in the Contractor's 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 Catalog of Federal Domestic Assistance (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 penod 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 Toss, damage or theft shall be investigated and a report generated DHS- FEMA- EMPG -FFY 10 Page 4 of 21 City of Auburn Emergency Management E10-241 7 The Contractor will develop adequate maintenance procedures to keep the property in good condition. 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 a subrecipient 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 subrecipients who receive pass- through funding from this contract. ARTICLE VIII — 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- through funds are in compliance with federal and state audit requirements, federal grant guidance, and applicable federal and state financial regulations, as well as OMB Circular A -133, Audits of States, Local Governments and Non - Profit Organizations Monitoring activities may include • review of performance reports, • monitoring and document the completion of contract deliverables; • documentation of phone calls, meetings, e-mails and correspondence, • review of reimbursement requests to ensure 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, to verify source documentation for reimbursement requests and performance reports, and to verify completion of deliverables As a subrecipient of federal funds, the Contractor is required to meet or exceed the monitoring activities, as outlined above, for all subcontractors, consultants, and subrecipients who receive pass- through funding from this contract ARTICLE IX— ENVIRONMENTAL AND HISTORIC PRESERVATION: The Contractor shall ensure full compliance with FEMA's Environmental and Historic Preservation (EHP) Program Information about these requirements can be found on pages 28 -30 of the EMPG FFY10 Program Guidance located at http / /www fema qov /pdf /aovernment/grant/2010 /fv10 empq kit pdf or on FEMA's website at http / /www fema qov /plan /ehp /ehp - applicant -help shtm The Contractor agrees that to receive any federal preparedness funding, all Environmental and Historical Protection (EHP) Program compliance requirements outlined in applicable guidance must be met The Contractor is advised that any project with the potential to impact natural or biological resources or historic properties, including but not limited to, communication towers, physical security enhancements, new construction, renovation, or modification to buildings or structures, cannot be initiated until FEMA has completed the required EHP review All other projects, including training and exercise activities, must be evaluated to determine impact If impact is identified they must also go through an EHP review DHS- FEMA- EMPG -FFY 10 Page 5 of 21 City of Auburn Emergency Management E10-241 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 "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 d "Recipient " — a nonfederal entity that expends federal awards received directly from a federal awarding agency to carry out a federal program e "Pass- Through Entity" means the Washington State Military Department as it is applied to this contract. As found in SAAM 50 30 30 — "A nonfederal entity that provides a federal award to a subrecipient to carry out a federal program " f "Nonfederal Entity" is defined as a state local government or nonprofit organization (as defined in federal Circular A -133) g "Cognizant State Agency" shall mean a state agency that has assumed the responsibility of implementing single audit requirements and coordinating audit follow -up for a particular grantee by virtue of providing the majority of federal assistance If 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. h. "Federal Financial Assistance" — Assistance that nonfederal entities receive or administer in the form of grants, loans, loan guarantees, property (including donated surplus property), cooperative agreements, interest subsidies, insurance, food commodities, direct appropriations or other assistance It does not include amounts received for provision of vendor services to federal agencies or reimbursement for services rendered directly to individuals i "Grant" - For the purposes herein, the term "grant" may be used to mean "contracts" or "grants" or "agreements ". 1 `CFDA Number" — The five -digit number assigned to a federal assistance program in the federal Catalog of Federal Domestic Assistance (CFDA) or, in the absence of a catalog defined number, the number defined by instructions from the federal audit clearinghouse k "CFR" — Code of Federal Regulations I "OMB" — Office of Management and Budget m "RCW" - Revised Code of Washington n "WAC" - Washington Administrative Code DHS- FEMA- EMPG -FFY 10 Page 6 of 21 City of Auburn Emergency Management E10-241 2 SUBRECIPIENT MONITORING a The Department, as a Recipient and /or Pass - Through Entity, receives federal financial assistance under federal programs and is charged with maintaining compliance with federal and state laws and regulations regarding the monitonng, documentation, and monitoring of subrecipient grant activities using federal financial assistance 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 (including OMB Circular A -133), subrecipient audits, and other guidance found in the Federal Register The Department shall adhere to its Subrecipient Monitoring Policy (Finance Policy 02- 006 -06) and the Subrecipient Monitoring Procedures (Finance Procedure 02- 006 -06) 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 reasonable assurance of 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 Monitonng 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 Subrecipient monitoring will occur throughout the year rather than relying solely on a once -a -year audit The Contractor agrees to cooperate with all monitoring activities and to comply with reporting requirements The Department as the Recipient and /or Pass - Through Entity will conduct on -site visits as appropriate and required by contract for "for- profit" 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 fully participate in all monitoring or evaluation activities that are pertinent to this contract b Access to public records -The Contractor acknowledges that the Department is subject to the Public Records Act, Chapter 42 56 RCW, and that records prepared, owned, used or retained by the Department relating to the conduct of government or the performance of any governmental or proprietary function are available for public inspection and copying, except as exempt under RCW 42 56 or other statute which exempts or prohibits disclosure of specific information or records c The Contractor shall maintain all books, records, documents, data, and other evidence relating to this contract and the provision of any materials, supplies, services and /or equipment under this contract herein, including; but not limited to, records of accounting procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this contract At no additional cost, these records, including materials generated under the contract, shall be subject at all reasonable times to inspection, review and audit by personnel duly authorized by the Department, the Washington State Auditor's Office, and federal officials so authorized by law, rule, regulation, or contract The Contractor will retain all books, records, documents, and other materials relevant to this contract and make them available for inspection, review or audit for six (6) years from the end date of this contract, date of final payment or conclusion of services performed under this contractor, whichever is later If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until final resolution of all litigation, claims, or audit findings involving the records DHS- FEMA- EMPG -FFY 10 Page 7 of 21 City of Auburn Emergency Management E10-241 d Contractor shall provide right of access to its facilities and records to the Department and any other authorized agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, compliance, and /or quality assurance under this contract 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 oov 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) as found in the Government Auditing Standards (the Revised Yellow Book) developed by the Comptroller General and the OMB Compliance Supplement The Contractor has the responsibility of notifying the Washington State Auditor's Office and requesting an audit Costs of the audit may be an allowable grant expenditure The Contractor shall maintain auditable records and accounts so as to facilitate the audit requirement and shall ensure that any subcontractors also maintain auditable 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 RECAPTURE PROVISIONS In the event that the Contractor fails to expend funds under this contract in accordance with applicable state and federal laws and /or the provisions of this contract, the Department reserves the right to recapture funds in an amount equivalent to the extent of the noncompliance in addition to any other remedies available at law or in equity Such right of recapture shall exist for a period not to exceed six (6) 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 The Department is required to institute legal proceedings to enforce the recapture provision 6 COMPLIANCE WITH APPLICABLE LAW The Contractor and all subcontractors shall comply with all applicable federal, state, tribal government, and local laws, regulations, and policies DHS- FEMA- EMPG -FFY 10 Page 8 of 21 City of Auburn Emergency Management E10-241 This obligation includes, but is not limited to, compliance with Ethics in Public Service (RCW 42.52), Covenant Against Contingent Fees (48 C F.R § 52 203 -5), Public Records Act (RCW 42 56); Drug - Free Workplace Act of 1988 (41 U S C § 701 et seq and 15 C F R Part 29), Lobbying Restrictions (31 U S C § 1352 and 15 C F R. Part 28); and safety and health regulations. The Department is not responsible for advising the Contractor about, or determining the Contractor's compliance with, applicable laws, regulations and policies In the event of the Contractor's or a subcontractor's noncompliance or refusal to comply with any applicable law, regulation 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, regulation or policy. 7. NONDISCRIMINATION During the performance of this contract, the Contractor shall comply with all federal and state nondiscrimination statutes and regulations These requirements include, but are not limited to a Nondiscrimination in Employment The Contractor shall not discriminate against any employee or applicant for employment because of race, color, sex, 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 b Nondiscrimination laws -and policies (such as RCW 49.60, Washington's Law Against Discrimination, and Title VII of the Civil Rights Act) 8 AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101 -336, 42 U S C § 12101 et seq and 28 C F R Part 35 and other 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 9 UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES (MWBE) The Contractor is encouraged to utilize firms that are certified by the Washington State Office of Minority and Women's Business Enterprises as minority -owned and /or women -owned in carrying out the purposes of this contract 10 PUBLICITY The Contractor agrees to submit to the Department all advertising and 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 or as required to comply with the Public Records Act or court order 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 DHS- FEMA- EMPG -FFY 10 Page 9 of 21 City of Auburn Emergency Management E10-241 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 eels qov 13 LIMITATION OF AUTHORITY -- "Authorized Signature" The signatories to this contract represent that they have the authority to bind their respective organizations to this contract Only the assigned Authorized Signature for each party, or the assigned delegate by writing prior to action, shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this contract Furthermore, any alteration, amendment, modification, or waiver of any clause or condition of this contract is not effective or binding unless made in writing and signed by the Authorized Signature(s). 14 CONTRACTOR NOT EMPLOYEE — INDEPENDENT STATUS OF CONTRACTOR The parties intend that an independent contractor relationship will be created by this contract The Contractor and/or employees or agents performing under this contract are not employees or agents of the Department in any manner whatsoever, and will not be presented as nor claim to be officers or employees of the Department or of the State of Washington by reason hereof, nor will the Contractor and /or employees or agents performing under this contract 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 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 This contract, the work to be provided under this contract, and any claim arising thereunder, are not assignable or delegable by either party in whole or in part, without the express prior written consent of the other party, which consent shall not be unreasonably withheld 16 SUBCONTRACTING Neither the Contractor nor any subcontractor shall enter into 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 All subcontracts entered into pursuant to this contract shall incorporate this contract in full by reference In no event shall the existence of the subcontract operate to release or reduce the liability of the Contractor to the Department for any breach in the performance of the Contractor's duties 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, any provision of any document incorporated by reference, or application of this contract 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 DHS- FEMA- EMPG -FFY 10 Page 10 of 21 City of Auburn Emergency Management E10-241 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, FEES AND LICENSES Unless otherwise provided in this contract, the Contractor shall pay for and maintain in current status all taxes, unemployment contributions, fees, licenses, assessments, permit charges and expenses of any other kind for the Contractor or its staff required by statute or regulation that are necessary for contract performance 21 TRAVEL AND SUBSISTENCE REIMBURSEMENT Unless the contract specifically provides for different rates, any travel or subsistence reimbursement allowed under the contract shall be paid in accordance with rates set 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 other than meals and mileage (example parking lots that do not provide receipts) 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. HOLD HARMLESS AND INDEMNIFICATION 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 24 WAIVER OF DEFAULT Waiver of any default or breach shall not be deemed to be a waiver of any other or subsequent default or breach Any waiver shall not be construed to be a modification of the terms of this contract unless stated to be such in writing signed by The Adjutant General or the Authorized Signature for the Department and attached to the original contract 25 DISPUTES The parties shall make every effort to resolve disputes arising out of 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 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 reduce its scope of work and budget or unilaterally terminate all or part of the contract as a "Termination for Cause ", without providing the Contractor an opportunity to cure. Alternatively, the parties may renegotiate the terms of this contract under "Contract Modifications" to comply with new funding limitations and conditions, although the Department has no obligation to do so. DHS- FEMA- EMPG -FFY 10 Page 11 of 21 City of Auburn Emergency Management E10-241 28. TERMINATION OR SUSPENSION FOR CAUSE In the event the Department, in its sole discretion, determines the Contractor has failed to fulfill in a timely and proper manner its obligations under this contract, is in an unsound financial condition so as to endanger performance hereunder, is in violation of any laws or regulations that render the Contractor unable to perform any aspect of the contract, or has violated any of the covenants, agreements or stipulations of this contract, the Department has the right to immediately suspend or terminate this contract in whole or in part The Department may notify the Contractor in writing of the need to take corrective action and provide a period of time in which to cure The Department is not required to allow the Contractor an opportunity to cure if it is not feasible as determined solely within the Department's discretion. Any time allowed for cure shall not diminish or eliminate the Contractor's liability for damages or otherwise affect any other remedies available to the Department. If the Department allows the Contractor an opportunity to cure, the Department shall notify the Contractor in writing of the need to take corrective action If the corrective action is not taken within ten (10) calendar days or as otherwise specified by the Department, or if such corrective action is deemed by the Department to be insufficient, the contract may be terminated in whole or in part The Department reserves the right to suspend all or part of the contract, withhold further payments, or prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged compliance breach, pending corrective action by the Contractor, if allowed, or pending a decision by the Department to terminate the contract in whole or in part In the event of termination, the Contractor shall be liable for all damages as authorized by law, including but not limited to, any cost difference between the original contract and the replacement or cover contract and all administrative costs directly related to the replacement contract, e g , cost of administering the competitive solicitation process, mailing, advertising and other associated staff time The rights and remedies of the Department provided for in this section shall not be exclusive and are in addition to any other rights and remedies provided by law If it is determined that the Contractor (1) was not in default or material breach, or (2) failure to perform was outside of the Contractor's control, fault or negligence, the termination shall be deemed to be a "Termination for Convenience" 29 TERMINATION FOR CONVENIENCE Notwithstanding any provisions of this contract, the Contractor may terminate this contract by providing written notice of such termination to the Department's Key Personnel identified in the contract, specifying the effective date thereof, at least thirty (30) days prior to such date Except as otherwise provided in this contract, the Department, in its sole discretion and in the best interests of the State of Washington, may terminate this contract in whole or in part by providing ten (10) calendar days written notice, beginning on the second day after mailing to the Contractor Upon notice of termination for convenience, 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 In the event of termination, the Contractor shall be liable for all damages as authorized by law The rights and remedies of the Department provided for in this section shall not be exclusive and are in addition to any other rights and remedies provided by law 30 TERMINATION PROCEDURES In addition to the procedures set forth below, if the Department terminates this contract, the Contractor shall follow any procedures specified in the termination notice Upon termination of this contract and in addition to any other rights provided in this contract, the Department may require the Contractor to deliver to the Department any property specifically produced or acquired for the performance of such part of this contract as has been terminated If the termination is for convenience, the Department shall pay to the Contractor the agreed upon price, if separately stated, for properly authorized and completed work and services rendered or goods delivered to and accepted by the Department prior to the effective date of contract termination, and the amount agreed upon by the Contractor and the Department for (i) completed work and services and /or equipment or supplies provided for which no separate price is stated, (ii) partially completed work and DHS- FEMA- EMPG -FFY 10 Page 12 of 21 City of Auburn Emergency Management E10-241 services and /or equipment or supplies provided which are accepted by the Department, (iii) other work, services and /or equipment or supplies which are accepted by the Department, and (iv) the protection and preservation of property Failure to agree with such amounts shall be a dispute within the meaning of the "Disputes" clause of this contract If the termination is for cause, the Department shall determine the extent of the liability of the Department. The Department shall have no other obligation to the Contractor for termination The Department may withhold from any amounts due the Contractor such sum as the Department determines to be necessary to protect the Department against potential loss or liability The rights and remedies of the Department provided in this contract shall not be exclusive and are in addition to any other rights and remedies provided by law After receipt of a notice of termination, and except as otherwise directed by the Department in writing, the Contractor shall a Stop work under the contract on the date, and to the extent specified, in the notice, b Place no further orders or subcontracts for materials, services, supplies, equipment and /or facilities in relation to this contract except as may be necessary 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 Department, all of the rights, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case the Department has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts, d Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the Department to the extent the Department may require, which approval or ratification shall be final for all the purposes of this clause, e. Transfer title to the Department and deliver in the manner, at the times, and to the extent directed by the Department any property which, if the contract 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 in compliance with all contractual requirements, and g Take such action as may be necessary, or as the Department may require, for the protection and preservation of the property related to this contract which is in the possession of the Contractor and in which the Department has or may acquire an interest AAG Approved 9/12/2007 DHS- FEMA- EMPG -FFY 10 Page 13 of 21 City of Auburn Emergency Management E10-241 Exhibit B Statement of Work FFY 2010 Emergency Management Performance Grant Program INTRODUCTION: The Washington State Military Department Emergency Management Division (EMD) receives funding each year from the U S Department of Homeland Security (DHS) /Federal Emergency Management Agency (FEMA) through the Emergency Management Performance Grant (EMPG) The funding assists state and local governments enhance and sustain all- hazards emergency management capabilities as authorized by Robert T Stafford Disaster Relief and Emergency Assistance Act (Public Law 93 -288, as amended, 42 U S C 5121 -5207) Funds for the FFY 2010 EMPG program are appropriated under the Department of Homeland Security Appropriations Act, 2010 (Public Law 111 -83) A portion of FY2010 EMPG grant has been identified by the state to be passed through to local jurisdictions and tribes that have emergency management programs to supplement their local /tribal operating budgets. Each jurisdiction or tribe, that applied and meets the qualifications specified in WAC 118 -09 regarding emergency management assistance funds, is awarded a contract based on the size of their agency's emergency management operating budget The Scope of Work outlines the activities and deliverables the Contractor has identified to be performed for FFY10 EMPG The Timeline outlines the schedule that the Contractor agrees to in order to fulfill the contract deliverables during the contract performance period The Budget Sheet outlines the Contractor's emergency management operating budget (excluding federal funds) that is dedicated to emergency management activities, upon which their award is based City of Auburn Emergency Management (herein known as the Contractor) agrees to the following GENERAL PROGRAM REQUIREMENTS: 1 Report progress on deliverables and advise the Military Department, in writing, of necessary adjustments to the content of the contract, including modification of the local /tribal emergency management budget Performance reports will be submitted by email to the EMPG Program Assistant as required in the contract Milestones 2 Adhere to all administrative, financial and procurement guidance, including competitive processes and other procurement requirements, to include Office of Management and Budget (OMB) Circular A -133 (Audits of States, Local Governments, and Non - Profit Organizations), Federal Emergency Management Agency's codified regulations, 44 CFR Part 13 (Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments) and 2 CFR Part 225 (Cost Principles for State, Local, and Indian tribal Governments), and Federal Acquisition Regulations (FAR), Part 31 2, Contract Cost Principles and Procedures, Contracts with Commercial Organizations Local and state procurement and contracting regulations take precedent over these requirements when local and state regulations are more stringent • Adhere to DHS 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 DHS 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 3 Plan and implement equipment purchases, exercises, training, planning, organizational expenses and management/administration in accordance with the FFY10 Emergency Management Performance Grant Program Guidance as well as all subsequent policy changes, which can be found at. http / /www fema qov /pdf /government/grant/2010 /fv10 empq kit pdf DHS - FEMA -EMPG -FFY 10 Page 14 of 21 City of Auburn Emergency Management E10-241 4. Ensure that ali sub - contractors are in compliance with the FFY10 Emergency Management Performance Grant Program Guidance through monitoring of expenditures and periodic reviews of activities. 5 Exercises that are implemented with grant funds must meet the requirements of the FFY10 Emergency Management Performance Grant Upon completion of the exercise, an After Action Report and an Improvement Plan must be prepared and submitted to the Department 6. A mechanism must be in place to capture, track and document match. 7 No more than 3% of the total grant award may be used on Management and Administrative expenditures 8. FEMA reserves a royalty -free, non - exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for federal government purposes' a. the copyright in any work developed under an award or sub - award, and b. any rights of copyright to which the Contractor purchases ownership with Federal support The Contractor must agree to consult with FEMA regarding the allocation of any patent rights that arise from, or are purchased with, this funding 9 All publications created with funding under the FFY10 EMPG grant award shall prominently contain the following statement "This document was prepared under a grant from the Federal Emergency Management Agency's Grant Programs Directorate (FEMA/GPD) within the U S Department of Homeland Security Points of view or opinions expressed in this document are those of the authors and do not necessarily represent the official position or policies of FEMA/GPD or the U.S. Department of Homeland Security " 10 Submit monthly requests or at least bi- annually for reimbursement to the Department, signed and approved, invoice vouchers (State Form A -19) and a Reimbursement Spreadsheet to the Department for costs incurred and certifying match requirement has been met 11 No costs will be paid in advance of their being incurred by the Contractor 12 No equipment or supply costs will be reimbursed until the items have been received by the Contractor and invoiced by the vendor 13 No travel or subsistence costs, including lodging and meals, reimbursed with EMPG funds may exceed federal maximum rates which can be found at http / /www qsa qov 14 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. CONTRACTOR TASKS: 1 Perform activities described in the attached Contractor's Scope of Work ,(see Attachment A) 2 If necessary, hire a Subcontractor to assist in accomplishing the contract tasks 3. Complete all work under the contract by the contract end date, to include receipt of approved equipment items and supplies THE MILITARY DEPARTMENT AGREES TO: 1 Manage and administer the FFY10 Emergency Management Performance Grant Program 2 Provide program assistance and coordination with FEMA where necessary 3. Reimburse the Contractor within 45 days of receipt and approval of requests for reimbursement which includes all documentation of expenditures as required DHS- FEMA- EMPG -FFY 10 Page 15 of 21 City of Auburn Emergency Management E10-241 MILESTONES FFY10 Emergency Management Performance Grant Program MILESTONE TASK October 1, 2009 Start of performance period April 2009 Contract Execution July 15, 2010 Submission of Midterm Report March 31, 2011 End of performance period. May 15, 2011 Submit all final reports and requests for reimbursement DHS- FEMA- EMPG -FFY 10 Page 16 of 21 City of Auburn Emergency Management E10-241 Exhibit C Budget Sheet FFY10 Emergency Management Performance Grant Program LOCAL/TRIBAL EMERGENCY MANAGEMENT OPERATING BUDGET SUMMARY Category 2010 Local Funds Budget* Salaries and Benefits $243,804 In- Direct Costs $0 Travel $1,000 Equipment $1,000 Supplies $11,300 Telephones $3,900 IT $6,000 Printing $29,300 Janitorial /Maintenance $34,935 Auto Lease $0 Space Rental $66,040 Insurance $0 Subcontractor $1,500 Other $12,025 Total All Program Costs $410,804 FFY10 EMPG Award $75,177 The City of Auburn Emergency Management award is $75,177 This is based on the FFY10 allocation factor of 18.3% of approved local /tribal emergency management operating budgets This award will not be used to supplant the existing local /tribal funds identified above The Department's Reimbursement Spreadsheet will accompany each reimbursement request submitted In addition, the Contractor agrees to make all records available to Military Department staff, upon request A total of 3% of this award can be used to pay for management and administration of this contract. If the local /tribal emergency management operation budget should change, as the award contract amount is based on the budget, an amendment may have to be issued modifying the award contract amount. * No federal funds are included in the local emergency management operating budget Funding Source U S Department of Homeland Security - Pl# 703PT — EMPG DHS- FEMA- EMPG -FFY 10 Page 17 of 21 City of Auburn Emergency Management E10-241 Attachment A Scope of Work FFY10 Emergency Management Performance Grant Program Agency: City of Auburn Emergency Management Washington State does not require a specific number of activities to receive EMPG funding, however, there are required activities that must be scheduled and conducted in order to remain eligible for EMPG funding. The Scope of Work proposed must be proportionate to the level of local funding and anticipated EMPG funding. Required Activities Certify that your Agency understands the following required activities are to be completed between January 1, 2010 and December 31, 2010: Please enter the approval date of latest CEMP: YES 8/14/2009 Emergency Management Function Activity Deliverable Performance Measures Timeline Communications & Warning 1 Participate in all scheduled National Warning System (NAWAS) tests and exercises, whether a Primary NAWAS Warning Point, a Secondary Warning Point, or a Tertiary Warning Point This is the on -going test of the statewide warning fan -out as outlined in the State CEMP and warning annex All emergency management jurisdictions must be a part of this fan -out a Ensure jurisdiction is incorporated into the fan out b Participate in scheduled tests Jurisdiction will be better prepared to activate NAWAS in an emergency Success will be measured through the number of successful NAWAS tests completed ongoing Communications & Warning 2 Work with EMD to ensure Comprehensive Emergency Management Network (CEMNET) capability is maintained and participate in scheduled testing between local Emergency Operations Center (EOC) or similar facility and the state EOC Communicate regularly with EMD to retain CEMNET capability and participate in testing as scheduled Jurisdiction will be better prepared to use CEMNET in an emergency Success will be measured by the number of scheduled tests the jurisdiction participates in ongoing Communications & Warning 3 Develop and /or update local plans and equipment for use of amateur radio (HAM bands) through the Radio Amateur Civil Emergency Service (RACES) program and the state RACES plan Update local plans and equipment as necessary Jurisdiction will be better prepared to utilize RACES volunteers, particularly if other communication capabilities are inoperable, in an emergency 6/1/2010 Communications & Warning 4 Where possible, work with the Local Area Emergency Alert System (EAS) Committee (LAECC) to complete an EAS plan and the Local Relay Network (LRN) per existing guidance from the FCC, FEMA and the State Emergency Communications Committee with assistance from the State EMD Telecommunications staff Develop /update an EAS Plan as needed Update plans will result in an improved capability to utilize EAS in an emergency n/a Communications & Warning 5 Participate in all scheduled EAS tests commensurate with your EAS plan and operational status of your LRN Participate as scheduled Jurisdiction will be better prepared to activate EAS in an emergency Success will be measured by the number of scheduled tests the jurisdiction participates in n/a DHS- FEMA- EMPG -FFY 10 Page 18 of 21 City of Auburn Emergency Management E10-241 Communications & Warning 6 Notify the state EOC immediately upon activation of local EOC Provide Situation Reports (SITREPS) at least daily Submit a daily Situation Report to the state EOC during activation Coordination between the state and the local EOC will improve response capabilities during an event ongoing Program Management 7 Be fully compliant with Federal National Incident Management System (NIMS) compliance requirements Failure to meet NIMS compliance requirements will result in the loss of federal preparedness funding Please contact Jim Kadrmas, EMD, at 253- 512 -7027 or j kadrmas @emd wa gov if you have questions Demonstrate NIMS adoption and compliancy Emergency responders will have a uniform set of processes and procedures thus improving all- hazard incident response capabilities 9/30/2010 Exercises, Evaluations & Corrective Actions 8 Each jurisdiction receiving EMPG funds must participate in the design, conduct and evaluation of at least one exercise during the performance period full - scale, functional or table top An EOC activation will fulfill this requirement The standard format for the AAR and IP can be found in Volume III of the HSEEP manuals at http / /hseep dhs gov The State's ETO is Jerry Jenson, 253- 512 -7045, g jenson@emd wa gov Submit an After Action Report (AAR) and Improvement Plan (IP) to the State Exercise Training Officer (ETO) within 60 days of the completion of the exercise Through the exercise process a jurisdiction can determine areas of strength and weakness in response capabilities. Development of an AAR and IP allows for the documentation, monitoring and follow - up on those issues. Upon submission and approval of the AAR, the ETO will issue a letter of EMPG credit to the jurisdiction. 12/31/2010 Planning 9 Review the Comprehensive Emergency Management Plan (CEMP) and supporting Emergency Support Functions (ESFs) The CEMP should be compliant with both the National Response Framework and the National Incident Management System (NIMS) Requirements for plan development and submission are provided in RCW 38 52 070 , WAC 118 -09 and WAC 118 -30 a Any jurisdiction that has not submitted an updated CEMP to the State Emergency Management Division within the past four years must do so during this program year b First -time applicants must complete a draft of their Basic Plan portion of the CEMP within the program year The CEMP will address all- hazards identified in the jurisdiction's Hazard Identification and Vulnerability Analysis and infrastructure and improve the jurisdiction's ability to prepare for, respond to and recover from an emergency 12/31/2010 Finance & Administration 10) Seek reimbursement in compliance with 10EMPG Guidance, award contract, 44CFR, 2CFR Parts 225, 220 and 230 Expenditures listed on the Reimbursement Spreadsheet cannot be items listed in the 2010 Local Funds Budget portion of the Emergency management Operating Budget in this application Submit requests for reimbursement (A19 Invoice) along with a Reimbursement Spreadsheet showing how EMPG funds were spent EMPG funds enhance local emergency management programs and are spent in accordance with all applicable laws and guidelines Within 30 days after the activity was performed DHS- FEMA- EMPG -FFY 10 Page 19 of 21 City of Auburn Emergency Management E10-241 Program Management 11) Progress reports are required twice during the award contract performance period Progress reports must be submitted as required in the award contract Reports must clearly describe the progress the recipient is making towards the deliverables described in this Scope of Work The final report should highlight the impact EMPG funding has had on the jurisdiction's capabilities Demonstration of the impact EMPG funding has on emergency management capabilities will be documented in progress reports Midterm Report due 7/15/10 Final Report due 5/15/11 Crisis Communication, Public Education and Information 12) Conduct a public disaster education program for the inhabitants of the community a Preparedness presentation and distribution of preparedness materials to schools, civic groups, business organizations, nursing care facilities, child care facilities, governmental agencies, hospitals, the general public, etc and /or b Participate in the State's Disaster Preparedness Campaign Citizens or Washington will be better able to care for themselves, family members, neighbors, etc and will improve their ability to stay safe during an emergency Success can be measured through the number of presentations provided or participation in the Washington State campaign ongoing Additional Activities Crisis Communication, Public Education & Information Community Emergency Response Team Conduct Community Emergency Response Team Training Complete at least two CERT classes for community residents during performance period CERT trained individuals provide a core of trained citizens who can assist in a disaster In 2009, these trained individuals volunteered for sandbagging projects throughout the city, donating approximately $20,000 worth of time We anticipate this will be needed again in 2010 due to the ongoing situation at the Howard Hanson Dam 12/31/2010 DHS- FEMA- EMPG -FFY 10 Page 20 of 21 City of Auburn Emergency Management E10-241 Communications City -wide emergency notification test Conduct city -wide Call will be completed to 6/1/2010 & Warning test of CodeRed reverse call system entire data set to test for coverage and to eliminate non - working numbers This type of test has never been conducted in our City This will be an opportunity for us to test the impact of such a call on our local telecommunications network as well Logistics, Facilities & Resource Management Stand -up of new EOC facility Fully operational EOC EOC facility will be fully functional, including computers, radios, workstations, and basic supplies This will allow the City to better serve the community during periods of disaster and recovery by providing a dedicated facility for our efforts 6/1/2010 Hazard Mitigation Hazard Mitigation Plan Completed Hazard Mitigation Plan Hazard Mitigation Plan will be completed, adopted, and approved by State and FEMA This will allow the City to apply for 6/1/2010 Hazard Mitigation grants and to make decisions on funding based on ranked projects Crisis Vulnerable Populations Outreach Conduct disaster All Adult Family Homes 8/31/2010 Communication, Public Education education outreach to Adult will be invited to training sessions and site visits will & Information Family Home Providers and to Meals -on- Wheels clients be conducted for those that request it Educational materials will be delivered to all Meals -on- Wheels clients in the City This work is conducted by the VISTA assigned to our site Planning Long Term Recovery Plan Complete draft of Long -Term Recovery Plan Complete draft of long- term recovery plan This planning is particularly urgent considering the on- going threat from Howard 11/1/2010 Hanson Dam DHS- FEMA- EMPG -FFY 10 Page 21 of 21 City of Auburn Emergency Management E10-241 Washington State Military Department AMENDMENT 1 CONTRACTOR NAME /ADDRESS City of Auburn Emergency Management 25 West Main Street Auburn, WA 98001 2 CONTRACT NUMBER E10 -241 3 AMENDMENT NUMBER B 4 CONTRACTOR CONTACT PERSON, NAME/TITLE Sarah Miller, (253) 876 -1909 skmiller @auburnwa.gov 5 MD STAFF CONTACT, NAME/TELEPHONE Charma Anderson (253) 512 -7064 c.anderson @emd.wa.gov 6 TIN or SSN 91- 6001228 7 CATALOG OF FEDERAL DOMESTIC ASST (CFDA) # 97.042 EMPG 8 FUNDING SOURCE NAME /AGREEMENT # 2010 -EP -EO -0027 9 FUNDING AUTHORITY Washington State Military Department (Department) and U.S. Department of Homeland Security (DHS) 10 DESCRIPTION /JUSTIFICATION OF AMENDMENT, MODIFICATION, OR CHANGE ORDER The U.S. Department of Homeland Security (DHS) Emergency Management Performance Grant (EMPG) provided federal funding to enhance and sustain emergency management programs. The City of Auburn Emergency Management requests an extension to complete postponed CERT class originally planned for March. The EMPG Program Manager has reviewed and approved this amendment. The time extension is allowable under the grant provisions. 11 AMENDMENT TERMS AND CONDITIONS 1 Change the overall contract expiration date from March 31, 2011 to May 15, 2011 2 The contract amount of $80,632 remains unchanged. 3 Replace the original Milestone Timeline with the attached Revised Milestone Timeline This Amendment is incorporated in and made a part of the contract Except as amended herein, all other terms and conditions of the contract remain in full force and effect Any reference in the original contract or an Amendment to the "contract" shall mean "contract as amended" The Department and Contractor acknowledge and accept the terms of this Amendment as identified above, effective on the final date of execution below By signing this Amendment, the signatories warrant they have the authority to execute this Amendment IN WITNESS WHEREOF, the parties have executed this FOR THE DEPARTMENT Amends FI R T E CO - • el_""--- 11 t S/ nature Date J=mes M Mullen, Director Emergency Management Division Washington Military Department APPROVED AS TO FORM. Brian E Buchholz (signature on file) 3/12/2010 Assistant Attorney General Signature Dat- Peter B Lewis, Mayor for City of Auburn Emergency Management Form 10/27/00 DHS - EMPG -FFY 10 Page 1 of 2 City of Auburn Emergency Management E10 -241 Amendment B • Revised MILESTONES FFY10 Emergency Management Performance Grant Program MILESTONE TASK October 1, 2009 Start of performance period April 2009 Contract Execution July 15, 2010 Submission of Midterm Report May 15, 2011 End of performance period June 30, 2011 Submit all final reports and requests for reimbursement DHS- EMPG -FFY 10 Page 2 of 2 City of Auburn Emergency Management E10 -241, Amendment B Washington State Military Department AMENDMENT 1 CONTRACTOR NAME /ADDRESS City of Auburn Emergency Management 25 West Main Street Auburn, WA 98001 2 CONTRACT NUMBER E10 -241 3 AMENDMENT NUMBER A 4 CONTRACTOR CONTACT PERSON, NAME/TITLE Sarah Miller, (253) 876 -1909 skmiller @auburnwa.gov 5 MD STAFF CONTACT, NAME/TELEPHONE Charma Anderson (253) 512 -7064 c.anderson@emd.wa.gov 6 TIN or SSN 91- 6001228 7 CATALOG OF FEDERAL DOMESTIC ASST (CFDA) # 97.042 EMPG 8 FUNDING SOURCE NAME/AGREEMENT # 2010 -EP -EO -0027 9 FUNDING AUTHORITY Washington State Military Department (Department) and U.S. Department of Homeland Security (DHS) 10 DESCRIPTION /JUSTIFICATION OF AMENDMENT, MODIFICATION, OR CHANGE ORDER The U.S. Department of Homeland Security (DHS) Emergency Management Performance Grant (EMPG) provided federal funding to enhance and sustain emergency management programs. EMD withheld 10% of the pass through funding pending applicant budget review and approval. Local applicant funding is being increased to include the funding that was with held. 11 AMENDMENT TERMS AND CONDITIONS 1 The overall contract expiration date of March 31, 2011 remains unchanged 2. Change the contract amount from $75,177 to $80,632; an increase of $5,455. 3. Replace the Local/Tnbal Budget with the attached Revised LocaVTribal Budget This Amendment is incorporated in and made a part of the contract Except as amended herein, all other terms and conditions of the contract remain in full force and effect Any reference in the original contract or an Amendment to the "contract" shall mean "contract as amended ". The Department and Contractor acknowledge and accept the terms of this Amendment as identified above, effective on the final date of execution below By signing this Amendment, the signatories warrant they have the authority to execute this Amendment. IN WITNESS WHEREOF, the parties have executed this FOR THE DEPARTMENT: Amendme FOR THE . _ ' EC S ature Date J es M Mullen, Director Emergency Management Division Washington Military Department APPROVED AS TO FORM: Bnan E Buchholz (signature on file) 3/12/2010 Assistant Attorney General Signature Date Peter B Lewis, Mayor For City of Auburn Emergency Management Form 10/27/00 DHS - EMPG -FFY 10 Page 1 of 2 City of Auburn Emergency Management E10 -241 Amendment A Exhibit C Revised Budget Sheet FFY10 Emergency Management Performance Grant Program LOCAUTRIBAL EMERGENCY MANAGEMENT OPERATING BUDGET SUMMARY Category g 2010 Local Funds Budget* Salaries and Benefits $243,804 In- Direct Costs $0 Travel $1,000 Equipment $1,000 Supplies $11,300 Telephones $3,900 IT $6,000 Printing $29,300 Janitorial /Maintenance $34,935 Auto Lease $0 Space Rental $66,040 Insurance $0 Subcontractor $1,500 Other $12,025 Total All Program Costs $410,804 FFY10 EMPG Award $80,632 The City of Auburn Emergency Management award is $80,632. This is based on the FFY10 allocation factor of 19.628% of approved local /tribal emergency management operating budgets This award will not be used to supplant the existing local /tribal funds identified above The Department's Reimbursement Spreadsheet will accompany each reimbursement request submitted. In addition, the Contractor agrees to make all records available to Military Department staff, upon request. A total of 3% of this award can be used to pay for management and administration of this contract. If the local /tribal emergency management operation budget should change, as the award contract amount is based on the budget, an amendment may have to be issued modifying the award contract amount. * No federal funds are included in the local emergency management operating budget. Funding Source: U.S. Department of Homeland Security - Pl# 703PT — EMPG DHS- EMPG -FFY 10 Page 2 of 2 City of Auburn Emergency Management El 0-241, Amendment A