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