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HomeMy WebLinkAboutItem VIII-B-4WASHINGTON AGENDA BILL APPROVAL FORM Aqenda Subject Resolution No. 3733 Department: AFD Attachments: Resolution No. 3733 Date; May 28~ 2004 Budget Impact: Administrative Recommendation: City Council adopt Resolution No. 3733. Back,qround Summary: Approval of Resolution 3733 will allow the city to accept the grant offered by King County in an amount not exceeding $25,000 for the purposes of providing a more unified scope of emergency disaster preparedness for the fire service. F0607-1 01.8 Reviewed by Council & Committees: [] Arts Commission COUNCIL COMMITTEES: [] Airport [] Finance [] Hearing Examiner [] Municipal Serv. [] Human Services [] Planning & CD [] Park Board []PublicWorks [] Planning Comm. [] Other Reviewed by Departments & Divisions: [] Building [] M&O [] Cemetery [] Mayor [] Finance [] Parks [] Fire [] Planning [] Legal [] Police [] Public Works [] Human Resources Action: Committee Approval: ~lYes []No Council Approval: []Yes []No Referred to Until Tabled Until ' Councilmember: Cerino Meeting Date: June 7, 2004 Call for Public Hearing / / / / / / Staff: Vandver Item Number: VII.B.4 AUBURN * MORE THAN YOU IMAGINED RESOLUTION NO. 3 7 3 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE ACCEPTANCE OF A HOMELAND SECURITY SUBGRANT FROM KING COUNTY, WASHINGTON, FOR FIRE DEPARTMENT RESPONSE IN DISASTER PREPARADENESS WHEREAS, the City of Auburn has certain public safety responsibilities with which it is charged with handling within its corporate boundaries; and WHEREAS, in order to better address such responsibilities, particularly as they relate to disasters and emergencies that impact larger geographic regions, it is advantageous to coordinate with other public agencies; and WHEREAS, King County has some pass-through monies from the United States Department of Homeland Security, received through the Washington State Military Department, Emergency Management Division, whish it is willing to make available to local jurisdictions within King County, to help with emergency and disaster preparation; and WHEREAS, the City of Auburn is desirous of taking advantage of the opportunity for such funds, and willing to enter into appropriate agreements with King County Office of Emergency Management, therefor. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN~ WASHINGTON, HEREBY RESOLVES as follows: 1. The City hereby approves and will accept the grant offered by King County in an amount not exceeding $25,000 for the purpose..; of providing Resolution No. 3733 May 25, 2004 Page 1 of 2 PASSED this a more unified scope of emergency disaster preparedness for the fire service. The Mayor is hereby authorized to execute and enter into on the City's behalf, an agreement for such services, in substantial conformity with the agreement a copy of which is attached hereto, marked as Exhibit "A" and incorporated herein by this reference. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out directions of the legislation. This Resolution shall be in full force and effect upon passage and signatures hereon. day of ,2004 ATTEST: Peter B. Lewis Mayor Danielle Daskam, City Clerk APPROVED AS TO FORM: D~niel B. I-I'~d,'~ity ,~ttor'dey..~ Resolution No. 3733 May 25, 2004 Page 2 of 2 FFY03S-SHSP-001 EXHIBIT "A" King County Office of Emergency Management HOMELAND SECURITY SUBGRANT AGREEMENT THIS AGREEMENT is made and entered into by and between King County and the City of Auburn, hereinafter "Subgrantee", for the express purposes set forth in the following provisions of this Agreement. It is understood that funding for this Agreement has been granted to King County by the United States Department of Homeland Security through the Washington State Military Department, Emergency Management Division. The funding source of the grant is the FFY03 Supplemental State Homeland Security Grant Program, Catalog of Federal Domestic Assistance (CFDA) #97.004, State Contract #E04-033. NOW THEREFORE, King County and the Subgrantee mutually agree as follow:s: 1. SCOPE OF WORKANDBUDGET The Subgrantee will accomplish the work and tasks as set forth in this Agreement and the Scope of Work, Project Timeline, and Deliverables (attached hereto as Exhibiit A) and Budget (Exhibit B). 2. PERIOD OF PERFORMANCE Subject to other Agreement provisions, the period of performance under this Agreement will be from April 15, 2004 to March 1, 2005. All work must be satisfactorily completed, and all invoices, reports, and deliverables must be submitted, by the end of this Period of Performance. 3. CONTRACT REPRESENTATIVES King County's Project Manager on this Agreement shall be Kathryn Howard, Homeland Security Programs Manager, King County Office of Emergency Management. The Project Manager shall be responsible for monitoring the performance of the Subgrantee, the approval of actions by the Subgrantee, approval for payment of billings and expenses submitted by the Subgrantee, and the acceptance of any reports by the Subgrantee. The Subgrantee's representative to this Agreement shall be Russ Vandver, Fire Chief, who will be the contact person for all communications regarding the conduct of ~vork under this Agreement and who will ensure that all terms of the Agreement are met. FFY03S-SHSP-001 Any notice required or permitted under this Agreement shall be deemed sufficiently given or served if sent to King County or the Subgrantee at the addresses provided. If to King County: Kathryn Howard King County Office of Emergency Management 3511 NE 2nd Street Renton, WA 98056 206-296-3830 Kathryn.howard@metrokc.gov If to the Subgrantee: Russ Vandver, Fire Chief City of Auburn 1101 D Street NE Auburn, WA 98002 253-931-3060 rvandver@ci .auburn .wa .us 4. REIMBURSEMENT REQUESTS AND PAYMENT This is a fixed price, reimbursement contract. Total compensation payable to the Subgrantee for satisfactory performance of the work under this Agreement shall not exceed $25,000.00 ('Twenty F/ve Thousand do#ars and zero cents). Payment for satisfactory performance of the work shall not exceed this amount unless the parties mutually agree in writing to a higher amount prior to the commencement of any work, which will cause the maximum payment to be exceeded. Compensation for satisfactory work performance shall be payable upon receipt of a properly completed Invoice and Progress Report Form, which will be provided to the Subgrantee subsequent to execution of this Agreement. Invoices for costs incurred to date may be submitted monthly or quarterly. Supporting documentation is required for reimbursement of all expenses related to the Scope of Work and Budget in Exhibits A and B. Supporting documentation includes, but is not limited to, paid invoices to vendors, paid expense claim forms, canceled checks, etc. The documentation must also include the date of payment by the Subgrantee to ensure that the work was completed within the subgrant period of performance. Payment shall be considered timely if mailed by King County to the Subgrantee within thirty (30) calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by the Subgrantee on the invoice form. King County may, at its sole discretion, withhold payments claimed by the Subgrantee for services rendered if King County has determined that the Subgrantee has failed to satisfactorily comply with any term or condition of this Agreement. FFY03S-SHSP-00'I King County does not incur liability for any payment to the Subgrantee thai is subsequently disallowed by State or Federal granting agencies. King County reserves the right to withhold or recoup payment, for work or activities determined by funding agencies to be ineligible for reimbursement. 5. REPORTING REQUIREMENTS Each request for reimbursement, whether submitted monthly or quarterly, will be accompanied by a narrative progress report. Reports must include the Subgrante, e's progress in implementing the scope of work, including any problems encountered and possible cost overruns or underruns. Narrative progress reports may be filled out on the Invoice and Progress Report Form or as a separate attachment to the invoice form. 6. RECORDS MAINTENANCE The Subgrantee shall maintain accounts and records, including personnel, financial, and programmatic records, and other such records as may be deemed necessary by King County, to ensure proper accounting for all project funds and compliance with this Agreement. All such records shall sufficiently and properly reflect all direct and indirect costs of any nature expended and service provided in the perfbrmance of this Agreement. These records shall be maintained for a period of six (6) years after subgrant close-ont, and shall be subject to inspection, review or audit by King County and/or by State or Federal officials as so authorized by law. 7. SINGLE AUDIT ACT REQUIREMENTS Non-federal entities receiving financial assistance of $500,000 or more in Federal funds from all sources, direct and indirect, are required to have a single or a program-specific audit conducted in accordance with the U.S. Office of Management and Budget (OMB) (Revised June 27, 2003) Circular A-133-Audits of States, Local Governments, and Non-Profit Organizations. Non- federal entities that spend less than $500,000 a year in Federal awards ere exempt from Federal audit requirements for that year, except as noted in Circular No. A-133. Entities required to have an audit must ensure the audit is performed in accordance with Generally Accepted Auditing Standards (GAAS), Government Auditing Standards (the Revised Yellow Book) developed by the Comptroller General and the OMB Compliance Supplement. The Subgrantee has the responsibility of notifying the State Auditor's Office and requesting an audit, if required. The Subgrantee shall maintain its records and accounts so as to facilitate the audit requirement and shall ensure that any subrecipients or subcontractors also maintain auditable records. The Subgrantee must send a letter stating there has been a single audit completed and there were no findings or if there were findings, the letter should provide a list of the findings. In addition to sending a copy of the audit, the Subgrantee must include a corrective action plan for any audit findings and a copy of the management letter if one was received. The Subgrantee must send this letter to King County no later than nine (9) months after the end of the Subgrantee's fiscal year(s). 3 FFY03S-SHSP-001 8. COMPLIANCE WITH APPLICABLE LAWS The Subgrantee shall be responsible for following all applicable Federal, State and local laws, ordinances, rules and regulations in the performance of work described herein. The Subgrantee assures that its procedures are consistent with laws relating to public contracting and competitive selection procedures. The SUBGRANTEE shall comply with OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal Governments; OMB A-102, Grants and Cooperative Agreements with State and Local Governments; and A-133, Audits of States, Local Governments, and Non-Profit Organizations. During the performance of this Agreement, neither the Subgrantee nor any party subcontracting under the authority of this Agreement shall discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation, age, or presence of any sensory, mental, or physical handicap in the employment or application for employment or in the administration or delivery of or access to services or any other benefits under this Agreement as defined by King County Code, Chapter 12.16. During the performance of this Agreement, neither the Subgrantee nor any party subcontracting under the authority of this Agreement shall engage in unfair employment practices as defined by King County Code, Chapter 12.17 or 12.18. The Subgrantee shall comply fully with all applicable Federal, State and local laws, ordinances, executive orders and regulations that prohibit such discrimination. These laws include, but are not limited to, RC~N Chapter 49.60 and Titles VI and VII of the Civil Rights Act of 1964. 9. AMENDMENTS This Agreement may be amended only by written concurrence of both parties. Amendments to Scope of Work will only be approved if the proposed amendment is consistent with State and Federal granting agency rules. Up to ten percent (10%) of the total award amount may be shifted between approved budget object codes as contained in Exhibit B. For amounts over ten percent (10%), the SUBGRANTEE must submit a written budget amendrnent request for approval. Such requests will only be approved if the proposed change(s) is (are) consistent with and/or achieves the goals stated in the Scope of Work and falls within the grant requirements. 10. TERMINATION This Agreement may be terminated by King County, in whole or in part, for convenience without cause prior to the end of the Period of Performance, upon thirty (30) calendar days advance written notice. This Agreement may be terminated by either party, in whole or in part, for caus,e prior to the end of the Period of Performance, upon thirty (30) calendar days advance written notice. Reasons for termination for cause may include but not be limited to: material issues of nonperformance, misuse of funds, and/or failure to provide grant-related invoices, reports, or any requested documentation. If the Agreement is terminated as provided above, King County will be liable only for payment in accordance with the terms of this Agreement for satisfactory work completed prior to the FFY03S-SHSP-001 effective date of termination. The Subgrantee shall be released from any obligation to provide further services pursuant to this Agreement. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Agreement or law that either party may have in the event that the obligations, terms and conditions set forth in this Agreement are breached by the other party. Funding under this Contract beyond the current appropriation year is conditional upon appropriation by the County Council of sufficient funds to support the activities described in this Contract. Should such an appropriation not be approved, this contract will terminate at the close of the current appropriation year. 11. HOLD HARMLESS AND INDEMNIFICATION The Subgrantee shall protect, indemnify and hold harmless King County, its officers, officials, agents, and employees from and against any and all claims, costs, and/or issues whatsoever occurring from any and all actions by the Subgrantee and/or its subcontractors pursuant to this Agreement. The Subgrantee shall defend at its own expense any and all claims, demands, suits, penalties, losses, damages, or costs of any kind whatsoever (hereinafter "claims") brought against King County arising out of or incident to the Subgrantee's execution of, performance of or failure to perform this Agreement. Claims shall include but not be limited to assertions that the use or transfer of any software, book, document, report, filrn, tape, or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, and/or otherwise results in unfair trade practice. In the event the County incurs attorney fees and/or costs in the defense of ,claims within the scope of the paragraph above, such attorney fees and costs shall be recoverable from the Subgrantee. In addition King County shall be entitled to recover from thE; Subgrantee its attorney fees, and costs incurred to enforce the provisions of this section. 12. INSURANCE Subgrantee shall provide and maintain and shall cause its subcontractors to provide and maintain Commercial General Liability in the minimum amount of $1,000,000 per occurrence and $ 2,000,000 in the aggregate. King County, its officers, officials, agents and employees shall be named as additional insureds. If the Agency is a Municipal Corporation or an agency of the State of Washington and is self- insured for any of the above insurance requirements, a certification of self-insurance shall be attached hereto and be incorporated by reference and shall constitute compliance with this section. 13. CERTIFICATION REGARDING DEBARMENT SUSPENSION OR INELIGIBILITY If Federal funds are the basis for this contract, the Subgrantee certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in transactions by any Federal department or agency. 5 FFY03S-SHSP-001 14. ENTIRE CONTRACT/WAIVER OF DEFAULT This Agreement is the complete expression of the agreement of King County and the Subgrantee hereto, and any oral or written representations or understandings not incorporated herein are excluded. Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver of breach of any provision of this Agreement shall not be deemed to be waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of this Agreement unless stated to be such through written approval by King County, which shall be attached to the original Agreement. 15. SEVERABILITY If any section, subsection, sentence, clause or phrase of this Agreement is, for any reason, found to be unconstitutional or otherwise invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Agreement. 16. APPROVAL This Agreement shall be subject to the written approval of the King County's authorized representative and shall not be binding until so approved. THIS AGREEMENT, consisting of 6 pages and 2 attachments, is executed by the persons signing below who warrant and represent that they have the authority to execute the Agreement. IN WITNESS WHEREOF this Agreement has been executed by each party on the date set forth below: CITY Of AUBURN KING COUN'F~. Name & Title BY County Administrative Officer Da~ Dam FFY03S-SHSP-O01 EXHIBIT A: SCOPE OF WORK, PROJECT TIMELINE, AND DELIVERABLES Scope of Work Timeline and Budget 5ubgrant Agent: .~ity of Auburn ~eimbursement Grant not to exceed Amount: ~25,000 =oint of Contact, Title & Contact Information: Audience or Participants: ~uss Vandver, Fire Chief I101 D Street NE S, uburn, WA 98002 253-931-3060 rvandver~ci.au bu rn.wa.us City staff and volunteers Location: City facilities Dates/Time Period: April 15, 2004 - February 2005 Grant Category (check all that apply: X Planning Training Equipment _X_ Exercise and Type: Seminar _X_ Workshop Game Functional Full Scale Drill _X_ Tabletop Project Title: Development of Emergency Operations Plan Development of Terrorism/WMD Annex Staff Workshop for Procedure Development Staff Orientation Workshop Tabletop Exercise Anticipated matching or Staff time for city department heads and supervisory staff. cooperative funding sources: 7 FFY03S-SHSP-001 Statement of Work: 1. Develop City of Auburn Emergency Operations Plan and supporting Emergency Support :unctions following the Washington State CEMP format. 2. Develop a Terrorism/WMD Annex following Washington State suggested format. 3. Conduct Operational Procedure Development Workshop for city staff. 4. Conduct Plan and Procedural Orientation Workshop to familiarize appropriata city staff with newly developed procedures and department specific operational guidelines. $. Conduct disaster scenario tabletop exercise to test all aspects of the plan with focus on the 1'errorism/WMD Annex. AIl exercises will comply with the ODP HSEEP Guidelines found at ~ttp:llwww.ojp.usdoi.govlodpldocslhseep.htm and all required deliverable reports as per the HSEEP ~uidelines will be furnished with the final invoice. qotes: I:consultant will be hired for plan development, workshop planning and delivery, and tabletop ercise development and delivery. Lyn Gross C.E.M. of Emergency Planning Strategies has en selected to provide these services. 8 FFY03S-SHSP-001 Project Timeline: (Projects must be completed and delivered prior to March 1, 2005.) June 1, 2004 Develop City of Auburn Emergency Operations Plan and supportin~ emergency Support Functions following the Washington State ~EMP format. ~,ugust 1, 2004 Develop a Terrorism/WMD Annex following Washington State suggested format. ~eptember 15, 2004 .~onduct Operational Procedure Development Workshop for city ~taff. ~lovember 15, 2004 3onduct Plan and Procedural Orientation Workshop to familiarize ~ppropriate city staffwith newly developed procedures and Jepartment specific operational guidelines. January 30, 2005 Conduct disaster scenario tabletop exercise to test al aspects of the =lan with focus on the Terrorism/~VMD Annex. FFY03S-SHSP-001 This is a reimbursement grant Exhibit B PASS THROUGH BUDGET Agency: City of Auburn Fire Department Category: Planning Item Description Cost Salaries & Benefits (Not For Payment Of Overtime): $ 0 Dvertime $ 0 =acility Rental $ 0 --quipment Rental $ O l'ravel And Per Diem $ 0 .~oods And Services $ 0 Supplies And Materials (see Exercise Budget Sheet) Vlail And Postage $ 0 =rinting ,And Reproduction $ 500 ~onsultant/Contractor Fees tem 1 - 8,500. ,~16,000 Item 2 - 7,500. Other Costs (Please Specify.) $ 0 Equipment Costs (attach listing of equipment and estimated amounts) $ 0 Total Planning Category Reimbursement Cost Not to Exceed $16,500 10% of total award amount may be shifted between approved budget object codes. Final signed invoice voucher to be submitted with final performance report & deliverables - Inw~ices not to exceed total amount of contract award. ]0 FFY03$-$HSP-001 PASS THROUGH BUDGET Agency: City of Auburn Fire Department Category: Exercise Item Description Cost ~alaries & Benefits (Not For Payment Of Overtime): $ 0 -')vertime $ 0 :acility Rental $ 0 Equipment Rental $ 0 Travel And Per Diem $ 0 Goods And Services $ 0 Supplies And Materials $ 500 Mail And Postage $ 0 Printing And Reproduction $ 0 Consultant/Contractor Fees ,~ 8,000 rtem 3 - 2,500. Item 4 - 2,000. Item 5 - 3,500. ~)ther Costs (Please Specify.) $ 0 =_quipment Costs (affach listing of equipment and estimated amounts) $ 0 rotal Exercise Category Reimbursement Cost Not to Exceed $; 8,500