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HomeMy WebLinkAboutITEM VIII-B-5CITY OF AGENDA BILL APPROVAL FORM WASHINGTON Agenda Subject: Acceptance of Emergency Management Performance Date: June 1, 2009 Grant EMPG Department: Attachments: Budget Impact: N/A Police Resolution No. 4487 Administrative Recommendation: City Council adopt Resolution No. 4487. Background Summary: The US Department of Homeland Security (DHS) makes available Emergency Management Performance Grants (EMPG) to local jurisdictions specifically to enhance their emergency management programs. The City of Auburn was allocated funds based on the current emergency management budget. These funds can be used exclusively for emergency management activities and only for items which were not previously budgeted for. Funds will be used to make minor functional improvements to the Emergency Coordination Center and to enhance public education activities. P0601-1 F5.2 Reviewed by Council & Committees: Reviewed by Departments 8 Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&O ❑ Airport 0 Finance ❑ Cemetery ❑ Mayor ❑ Hearing Examiner N Municipal Serv. ❑ Finance ❑ Parks ❑ Human Services ❑ Planning & CD O Fire ❑ Planning ❑ Park Board ❑Public Works ❑ Legal ❑ Police ❑ Planning Comm. ❑ Other ❑ Public Works ❑ Human Resources ❑ Information Services Action: Committee Approval: ❑Yes ❑No Council Approval: ❑Yes ❑No Call for Public Hearing Referred to Until / Tabled Until Councilmember: Cerino Staff: Kell Meetin Date: June 1, 2009 Item Number: VI11.6.5 AU$[,TRN *MQRE THAN YOU IMAGINED RESOLUTION NO. 4487 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 ONE HUNDRED FORTY THREE THOUSAND FIVE HUNDRED FIFTY THREE DOLLARS ($143,553.00) 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 One Hundred Forty Three Thousand Five Hundred Fifty Three Dollars ($143,553.00) as the City's allotment of annual Emergency Management Performance Grant monies. Resolution No. 4487 May 21, 2009 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 June 2009. CITY OF AUBURN PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVEDLaS TO FORM: 915niel B. He'M; City Attorney Resolution No. 4487 May 21, 2009 Page 2 of 2 Washington State Military Department CONTRACT FACE SHEET 1. Contractor Name and Address: 2. Contract Amount: 3. Contract Number City of Auburn 340 East Main Street, Suite 201 $143,553 E09-242 Auburn, WA 98002 4. Contractor's Contact Person, phone number: 5. Contract Start Date: 6. Contract End Date: Sarah Miller, (253) 876-1909 October 1, 2008 May 15, 2010 skmiller@auburnwa.gov 7. MD Program Managedphone number: 8. State Business License 9. UBI #(state revenue): Charma Anderson (253) 512-7064 NA 171-000-010 c.anderson@emd.wa.gov 10. Funding Authority: Washington State Military Department (Department) and the U.S. Department of Homeland Security (DHS) 11. Funding Source Agreement 12. Program Index OBJ/SUB-OJ 13. CFDA Title: 14. TIN or SSN: 2009-EP-E9-0010 79313, 79314 NZ 97.042 EMPG 91-6001228 15. Service Districts: 16. Service Area by County(ies): 17. Women/Minority-Owned, State (BY LEG DIST): 30,31,47 Pierce King Certifed?: X N/A ❑ NO (BY CONG DIST): 8,9 , ❑ YES, OMWBE # 18. Contract Classification: 19. Contract Type (check all that apply): ❑ Personal Services ❑ Client Services X Public/Local Gov't X Contract ❑ Grant 0 Agreement ❑ Collaborative Research ❑ A/E ❑ Other ❑ Intergovernmental (RCW 39.34) ❑ Interagency 20. Contractor Selection Process: 21. Contractor Type (check all that apply) X"To all who apply & qualify" ❑ Competitive Bidding ❑ Private Organization/Individual ❑ For-Profit ❑ Sole Source ❑ A/E RCW ❑ N/A X Public Organization/Jurisdiction X Non-Profit ❑ Filed wlOFM? ❑ Advertised? OYES ❑NO ❑ VENDOR X SUBRECIPIENT ❑ OTHER 22. BRIEF DESCRIPTION: Provide U.S. Department of Homeland Security (DHS) Emergency Management PerFormance Grant (EMPG) funds to local jurisdictions and tribes that have emergency management programs to support and enhance their emergency management operating budget in an effort to enhance their emergency management program. 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, Statement of Work, and Budget 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 day and year last specified below. FOR THE DEPARTMENT: FOR THE CONTRACTOR: Signature Date Signature Date James M. Mullen, Director Peter B. Lewis, Mayor Emergency Management Division For Washington State Military Department APPROVED AS TO FORM: City of Auburn Sara J. Finlay (signature on file) 9/12/2007 Assistant Attorney General Form 10/27/00 kdb DHS-EMPG-FFY 09 Page 1 of 22 City of Auburn E09-242 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. Some flexibility to shift funds befinreen/among budget categories is allowed as follows: Changes to any single budget category in excess of 10% or $100, whichever is greater, will not be reimbursed without the prior written authorization of 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 contract, the Contractor shall prepare and submit the following reports to the Department's Key Personnel: ° Financial Invoices #/Copies Due Date 1 Within 30 days after the end of the period in which the work was performed as specified in Attachment A Invoices must be submitted no more frequently than monthly and it is recommended that invoices be submitted at least bi-annually. Final Invoice 1 No later than 45 days (shall not exceed overall contract amount) following the contract end date All contract work must end on the contract end date, however the Contractor has up to 45 days after the contract end date to submit all final billing. Technical #/Copies Bi-Annual Strategy Implementation Report Electronic Performance Report Electronic Final Report Electronic NIMS Compliance Progress Reports Electronic Due Date January 15 & July 15 October 15, 2009 No later than 45 days following the contract end date September 30, 2009 All contract work must end on the contract end date, however the Contractor has up to 45 days after the contract end date to submit all final reports, invoices and deliverables. The Bi-Annual Strategy Implementation Report will be submitted via DHS's web-based grant reporting tool located at https://www.reportina.odp.dhs.gov/. The Performance Report and the Final Report will be submitted via the Military Department's web-based grant management, e-GMS, tool located at https:/Ifortress.wa.gov/mil/gms/gms/. 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 DHS-EMPG-FFY 09 Page 2 of 22 City of Auburn E09-242 ARTICLE IV ADMINISTRATIVE REQUIREMENTS: The Contractor 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; A-133, Audits of States, Local Governments, and Non-Profit Organizations; and 44 CFR, FEMA's codified regulations. ARTICLE V-- ADDITIONAL SPECIAL CONDITIONS AND MODIFICATION TO GENERAL CONDITIONS: 1. Funds are provided by the U.S. Department of Homeland Security (DHS) solety for the use of supporting emergency management programs as provided by the Emergency Management Performance Grant (EMPG). The Contractor shall use the funds to perform tasks as described in the Statement of Work and Budget portions of the Contractor's request for funding, as approved by the Department. 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 $143,553 of non-federal origin. Said match may be in the form of goods, services, and in-kind services. 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. 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. 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 2009 (FFY09) federal preparedness funding, to include EMPG, the National Incident Management System (NIMS) compliance requirements for 2009 must be met. Applicants will be required to certify as part of their FFY09 EMPG applications that they have met the FFY09 NIMS requirements. The NIMS Integration Center (NIC) web page, http://www.fema.qov/emerqencv/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 your jurisdiction is already compliant, as well as identify the NIMS requirements you have not yet met. ARTICLE VI - 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 Catalogue 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 period 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. DHS-EMPG-FFY 09 Page 3 of 22 City of Auburn E09-242 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 loss, damage or theft shall be investigated and a report generated. 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 sub-grantees 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 sub-grantees who receive pass-through funding from this contract. ARTICLE VII - 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, applicable federal and state financial guides, as well as OMB Circular A-133 and A-122 where applicable. Monitoring activities may include: • review of performance reports; • monitoring and documenting the completion of contract deliverables; • documentation of phone calls, meetings, e-mails and correspondence; • review of reimbursement requests to insure 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, verify source documentation for reimbursement requests and performance reports and verify completion of deliverables. As a sub-grantee of federal funds the Contractor is required to meet or exceed the monitoring activities, as outlined above, for all sub-contractors, consultants, and sub-grantees who receive pass-through funding from this contract. ARTICLE VIII - 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 35-37 of the EMPG FFY09 Program Guidance located at http://www.fema.qov/pdf/aovernment/qrant/empq/fy09 empg_guidance.pdf or on FEMA's website at http://www.fema.gov/plan/ehp/ehp-applicant-help.shtm. DHS-EMPG-FFY 09 Page 4 of 22 City of Auburn E09-242 Exhibit A Subrecipient Washington Military Department GENERAL TERMS AND CONDITIONS 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) "Subrecipienf' 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) "Vendot" 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". j. "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 1. "OMB" - Office of Management and Budget M. "RCW" - Revised Code of Washington n "WAC" - Washington Administrative Code. DHS-EMPG-FFY 09 Page 5 of 22 City of Auburn E09-242 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 monitoring, documentation, and auditing of subrecipient grant activities using federal financial assistance. Management and implementation guidetines 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 and the Subrecipient Monitoring Procedures (WMD Policy number 00-025-05.) 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 ensures 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. Monitoring 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-EMPG-FFY 09 Page 6 of 22 City of Auburn E09-242 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.qov 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-EMPG-FFY 09 Page 7 of 22 City of Auburn E09-242 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. 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-EMPG-FFY 09 Page 8 of 22 City of Auburn E09-242 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.epls.aov. 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 institiation. 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-EMPG-FFY 09 Page 9 of 22 City of Auburn E09-242 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 befinreen 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 Generat 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-EMPG-FFY 09 Page 10 of 22 City of Auburn E09-242 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 altowed 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 DepartmenYs 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. DHS-EMPG-FFY 09 Page 11 of 22 • City of Auburn E09-242 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 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 wtiich is in the possession of the Contractor and in which the Department has or may acquire an interest. AAG Approved 9/12/2007 DHS-EMPG-FFY 09 Page 12 of 22 City of Auburn E09-242 Exhibit B Statement of Work FFY 2009 Emergency Management Performance Grant Program INTRODUCTION: The Washington State Military Department Emergency Management Division (EMD) receives grant funding each year from the U.S. Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA) through the Emergency Management Performance Grant (EMPG). A portion of this 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 budget. Each jurisdiction or tribe that applies and meets the qualifications specified in WAC 118-09 regarding emergency management assistance funds is awarded a grant based on the size of their agency's emergency management operating budget. Funds are used by local jurisdictions and tribes to enhance their emergency management capability. The Statement of Work outlines the activities and deliverables the Contractor has identified to be performed for FFY09 EMPG. The Timeline outlines the schedule that the Contractor agrees to in order to fulfill the grant 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. GENERAL PROGRAM REQUIREMENTS: 1. Prepare and submit a Bi-Annual Strategy Implementation Report (BSIR), via the web-based grant reporting tool (https:/Iwww.reportinq.odp.dhs.qov). Failure to meet all of the reporting deadlines outlined in the Milestone and Timeline Schedule will prohibit the Contractor from being reimbursed while reports are outstanding. 2. Report progress on deliverables and advise the Military Department, in writing, of necessary adjustments to the content of the contract. Performance reports will be submitted using the on-line electronic Grant Management System (e-GMS) located at https://fortress.wa.gov/mil/qms/_qms/. 3. Adhere to all financial and procurement guidance, including competitive processes and other procurement requirements, to include: Office of Management and Budget (OMB) Circulars, A-87 (Cost Principles for State, local and Indian Tribal Governments) and A-133 (Audits of States, Local Governments, and Non-Profit Organizations) and Federal Emergency Management Agency's codified regulations, 44 CFR. 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. 4. Plan and implement equipment purchases, exercises, training, planning and management/ administration in accordance with the FFY09 Emergency Management Performance Grant Program Guidance, which can be found at http://www.fema.gov/pdf/government/grant/empq/fy09 empq quidance.pdf, as well as all subsequent policy changes. 5. Ensure that all sub-contractors are in compliance with the FFY09 Emergency Management Performance Grant Program Guidance through monitoring of expenditures and periodic reviews of activities. 6. If purchasing equipment using EMPG funds, the Contractor must meet the following requirements: a. Be in compliance with the DHS Authorized Equipment List (AEL), as detailed at: http://wwwl.rkb.mil2t.org/. DHS-EMPG-FFY 09 Page 13 of 22 City of Auburn E09-242 b. Submit all proposed equipment purchases to the Committee on Homeland Security, sub- committee on equipment to ensure that the requested equipment is on the AEL, is aligned with the statewide equipment purchasing strategy, and submit to DHS if necessary. No reimbursement for purchased equipment will occur until the appropriate approvals have been obtained. c. Determine whether or not it is in the best interest of the Contractor to make purchases using its own procurement process or ask the Department to make purchases on its behalf. d. Make a request to the Department in writing that authorizes the Department to de-obligate funding from the Contractor's contract and use the state's procurement process and contracts to purchase equipment on behalf of the Contractor. This will necessitate an amendment to the contract reducing the Contractor's award by an amount sufficient for the Department to make the purchase(s). The Department will pay the vendor directly and all items will be drop shipped to a location designated by the Contractor. 7. Exercises that are implemented with grant funds must meet the requirements of the FFY09 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 within 60 days of completion of the exercise. Final reimbursement for related expenditures can not be made until this requirement has been met. 8. A mechanism must be in place to capture, track and document time for staff in other agencies working on emergency management related activities. 9. No more than 3% of the total grant award may be used on Management and Administrative expenditures. 10. Submit at maximum monthly requests for reimbursement to the Department for costs incurred using the online e-GMS located at https://fortress.wa.gov/mil/gms/qms/. 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:/Iwww.gsa.qov. 14. Expend a minimum 15% of contract award on planning activities. CONTRACTOR TASKS: 1. Perform activities described in the attached Scope of Work (Attachment A). 2. Manage and administer the FFY09 Emergency Management Performance Grant Program. 3. If necessary, hire a Subcontractor to assist in accomplishing the contract tasks. 4. Complete all work under the contract by the contract end date, to include receipt of approved equipment items and supplies. 5. Each request for reimbursement will be accompanied by a reimbursement spreadsheet and a match documentation spreadsheet detailing the expenditures to be reimbursed as well as the expenses to be considered the match for those funds. 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 packinq slip or a statement signed and dated by the Contractor's authorized representative that "all items invoiced have been received, are operational, and have been inventoried according to contract and local procurement requirements." THE MILITARY DEPARTMENT AGREES TO: 1. Provide technical assistance, expertise, and state coordination with DHS where necessary. 2. Reimburse the Contractor within 45 days of receipt and approval of requests for reimbursement and all documentation of expenditures as required. DHS-EMPG-FFY 09 Page 14 of 22 City of Auburn E09-242 MILESTONE TIMELINE FFY09 Emergency Management Performance Grant Program MILESTONE TASK October 1, 2008 Start of contract performance period May 2009 Contract Execution September 30, 2009 Submit NIMS compliance report October 15, 2009 Submission of Performance Report to e-GMS January 15, 2010 Submission of Bi-annual Strategy Implementation Report (BSIR) to GRT for FFY09 EMPG May 15, 2010 End of grant performance period No later than June 30, 2010 Submit all final reports, requests for reimbursement and/or deliverables July 15, 2010 Submission of final Bi-annual Strategy Implementation Report (BSIR) to GRT for FFY09 EMPG DHS-EMPG-FFY 09 Page 15 of 22 City of Auburn E09-242 Exhibit C Budget Sheet FFY09 Emergency Management Performance Grant Program LOCAUTRIBAL EMERGENCY MANAGEMENT OPERATING BUDGET SUMMARY Contract expenditures shall be documented according to the following categories when appropriate: Category 2009 Local Funds Budget* Salaries and Benefits $234,652 In-Direct Costs $0 Travel $1,000 Equipment $1,000 Supplies $11,300 Telephones $3,900 Printing $0 Janitorial/Maintenance $4,500 Auto Lease $0 Space Rental $438,406 Insurance $0 Subcontractor $1,500 Other $10,900 Total All Program Costs $707,158 FFY 09 EMPG Award- $21,533- Plannin FFY 09 EMPG Award- $122,020 Other The City of Auburn award is $143,553. This is based on the FFY09 allocation factor of 20.3% 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 e-GMS. 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. * No federal funds are included in the local emergency management operating budget. Funding Source: U.S. Department of Homeland Security - PI# 79313, 79314 - EMPG DHS-EMPG-FFY 09 Page 16 of 22 City of Auburn E09-242 Attachment A Scope of Work FFY09 Emergency Management PerFormance Grant Program Communications and Warnina Activities and deliverables within the communications and warning functional area require the ability to communicate in a disaster and effectively warn the public. This is the primary area where standards of communications interoperability and redundancy are addressed. Re uired Activities Deliverable Performance Measures Deadline 1. Participate in all scheduled National Warning a. Ensure jurisdiction is Jurisdiction will be better Ongoing System (NAWAS) tests and exercises, whether a incorporated into the prepared to activate NAWAS Primary NAWAS Warning Point, a Secondary fan out. in an emergency. Success Warning Point, or a Tertiary Warning Point. This is will be measured through the the on-going test of the statewide warning fan-out b. Participate in number of successful as outlined in the State CEMP and warning annex. scheduled tests. NAWAS tests completed. All emergency management jurisdictions must be a part of this fan-out. 2. Work with EMD to ensure Comprehensive Communicate regularly Jurisdiction will be better Ongoing Emergency Management Network (CEMNET) with EMD to retain prepared to use CEMNET in capability is maintained and participate in CEMNET capability and an emergency. Success will scheduled testing between the local Emergency participate in testing as be measured by the number Operations Center (EOC) or similar facility and the scheduled. of scheduled tests the state EOC. jurisdiction participates in. 3. Develop and/or update local plans and Update local plans and Jurisdiction will be better Ongoing equipment for use of amateur radio (HAM bands) equipment as prepared to utilize RACES through the Radio Amateur Civil Emergency necessary. volunteers, particularly if Service (RACES) program and as per the state other communication RACES plan. capabilities are inoperable, in an emergency. 4. Where possible, work with the Local Area Develop/update an EAS Updated plans will result in Ongoing Emergency Alert System (EAS) Committee Plan as needed. an improved capability to (LAECC) to complete an EAS plan and the Local utilize the EAS in an Relay Network (LRN) per existing guidance from emergency. the FCC, FEMA, and the State Emergency Communications Committee with assistance from the State EMD Telecommunications staff. 5. Participate in all scheduled EAS tests Participate as Jurisdiction will be better Ongoing commensurate with your EAS plan and operational scheduled. prepared to activate EAS in status of your LRN. an emergency. Success will be measured by the number of scheduled tests the jurisdiction participates in. 6. Notify the state EOC immediately upon Submit a daily Situation Coordination between the As activation of your local EOC. Provide periodic (at Report (SITREP) to the state and the local EOC will required least once per day) Situation Reports (SITREPs) state EOC during improve response due to an activation. capabilities in an event. activation. DHS-EMPG-FFY 09 Page 17 of 22 City of Auburn E09-242 Crisis Communication, Public Education and Information Activities and deliverables within the crisis communication, public education and information functional area should address procedures for disseminating information to the public pre-, during, and post-disaster. Re uired Activities Deliverable Performance Measures Deadline 1. Conduct a public disaster education a. Preparedness presentations and Citizens of Washington will Ongoing program for the inhabitants of your distribution of preparedness be better able to care for community. materials to schools, civic groups, themselves, family business organizations, nursing members, neighbors, etc. care facilities, child care facilities, and will improve their ability governmental agencies, hospitals, to stay safe during an the general public, etc. emergency. Success can be measured through the and/or number of presentations provided or participation in b. Participate in the State's Disaster the Washington State Pre aredness Cam ai n. cam ai n. Direction, Control and Warninp Activities and deliverables within the direction, control, and warning functional area should address the ability to analyze a situation, make decisions for response, direct and coordinate response forces and resources, and coordinate with other jurisdictions. This requires use of a recognized National Incident Management System (NIMS) and compliance with NIMS requirements to remain eligible for all future preparedness funding. Re uired Activities Deliverable Pertormance Measures Deadline 1. Be fully compliant with all Federal Report NIMS compliance progress Emergency responders will Ongoing and State National Incident through the state online NIMS have a uniform set of Management System (NIMS) reporting tool. processes and procedures compliance requirements. Guidance for thus improving all-hazard compliancy and reporting requirements incident response will be provided by Toney Raines, capabilities. State NIMS Coordinator. Please contact Toney at nimscoordinatpr(a~emd.wa.qov if you have uestions. NIMS Compliance Self-Certification: YES Note: Failure to meet NIMS compliance requirements will result in the loss of federal preparedness funding. Exercises, Evaluations and Corrective Actions Activities and deliverables within the exercise, evaluation, and corrective actions functional area calls for regularly scheduled exercises, evaluations and corrective actions, including a process for addressing corrective actions. Required Activities Deliverable , Performance Measures DeadGne 1. Each jurisdiction receiving EMPG funds Submit an After Action Report (AAR) and Through the 60 days must participate in the design, conduct Improvement Plan (IP) to the State exercise process a and evaluation of at least one exercise Exercise Training Officer (ETO) within 60 jurisdiction can during the performance period: full-scale, days of the completion of the exercise. The determine areas of functional or tabletop. The exercise standard format for the AAR and IP can be strength and should fit into the jurisdiction's multi-year found in Volume III of the HSEEP manuals weakness in exercise plan and be consistent with the at response Homeland Security Exercise and https://hseep.dhs.gov/supportNolumelll.pdf capabilities. Evaluation Program (HSEEP). DHS-EMPG-FFY 09 Page 18 of 22 City of Auburn E09-242 At least one full-scale and one functionai Development of an exercise must be completed within a five- AAR and IP allows year period. These exercises are to be for the multi-agency and multi-functional in documentation, design and conduct. monitoring and follow-up on those The exercise may be accomplished alone issues. Upon or in conjunction with FEMA, EMD, other submission and public or private entities, or with approval of the neighboring jurisdictions. AAR, the ETO will issue a letter of EMPG credit to the jurisdiction. 2. In the event a jurisdiction experiences Submit an After Action Report (AAR) and Development of an 60 days an actual event/activation that adequately Improvement Plan (IP) to the State AAR and IP allows tests overall emergency management Exercise Training Officer (ETO) within 60 for documentation capabilities, exercise credit may be days of the end of the activation. The and follow-up on requested within 60 days. standard format for the AAR and IP can be issues identified found in Volume III HSEEP manuals at during an https:/lhseep.dhs.qov/support/Volumelll.pdf activation. Upon submission and approval of the AAR, the ETO will issue a letter of EMPG credit to the jurisdiction. Five-Year Exercise Schedule: 2009: Tabletop 2010: Functional 2011: Full-Scale 2012: Tabletop 2013: Functional Mutual Aid Activities and deliverables within the mutual aid functional area should address the development and maintenance of mutual aid agreements. Re uired Activities Deliverable Pertormance Measures Deadline 1. Review mutual aid agreements, following the Update mutual aid Up-to-date mutual aid guidance set forth in the state Emergency agreements as deemed agreements enable Ongoing Management Division's Mutual Aid and Inter-local necessary by the expedited partnership and Agreement Handbook. jurisdiction. support among jurisdictions during an actual emergency. Planninq Activities and deliverables within the planning functional area should address the development and general content of the program's emergency operations plan, strategic plan, mitigation plan, recovery plan, evacuation plan, continuity of operations/continuity of government plan, etc. DHS-EMPG-FFY 09 Page 19 of 22 City of Auburn E09-242 Re uired Activities Deliverable ' Performance Measures Deadline 1. Review the Comprehensive Emergency a. Any jurisdiction that has CEMP will address all 3/31 /2013 Management Plan (CEMP) and supporting not submitted an updated hazards identified in the Emergency Support Functions (ESFs). The CEMP to the state jurisdiction's Hazard CEMP should be compliant with both the Emergency Management Identification and National Response Framework and the Division within the past Vulnerability Analysis and National Incident Management System (NIMS). four years must do so infrastructure and Requirements for plan development and during this program year. improve the jurisdiction's submission are provided in RCW 38.52.070, ability to prepare for, WAC 118.09 and WAC 118.30. b. First time applicants respond to and recover must complete a draft of from an emergency. their Basic Plan portion of the CEMP within the ro ram ear. Finance and Administration Activities and deliverables within the finance and administration functional area require a financial management framework that complies with applicable government requirements and that allows for expeditious request for, and receipt and distribution of funds. Required Activities Deliverable Pertormanee Measures Deadline 1. Submit reimbursement requests online, ensuring that a. Submit requests EMPG funds As expenditures comply with FEMA's EMPG FFY09 Program for reimbursement enhance local/tribal needed Guidance, all applicable Office of Management and Budget online using e-GMS. emergency with final (OMB) Circulars (A-87, A-102, A-133) as well as FEMA's A Reimbursement management invoice Administrative Requirements in the Code of Federal Spreadsheet programs and are due 45 Regulations (CFR) 44. showing how EMPG spent in accordance days funds were spent with all applicable after the OMB Circulars can be found at: must accompany all laws and guidelines. end of www.whitehouse.govlOMB/circulars requests for the reimbursement. contract CFR 44 can be found at: Expenditures listed http://www.access.gpo.gov/nara/cfr/waisidx 07/44cfrv1 07.html on the The Uniform Administrative Requirements related to Grants can Reimbursement be found in Part 13. Spreadsheet cannot be items listed in the 2009 Local Funds Budget portion of the Emergency Management Operating Budget in this application. b. Verify in performance reports that the agency has reviewed and agrees to all relevant State and Federal re uirements. Propram Management Activities and deliverables within the program management functional area should address program structure and organization so that an agency is capable of coordinating emergency preparedness, mitigation, response and recovery activities across multiple agencies and organizations. . DHS-EMPG-FFY 09 Page 20 of 22 City of Auburn E09-242 Re uired Activities Deliverable Performance Measures Deadline 1. Progress reports and BSIRs are a. Progress reports must be Demonstration of the impact a. required twice during the contract submitted online in e-GMS. EMPG funding has on October period. Failure to submit either type of Reports must clearly describe the emergency management 15, 2009 report may result in cancellation of the progress the recipient is making capabilities will be and June contract. towards the deliverables described documented in progress 30, 2010 in this Scope of Work. reports. b. The final report should highlight the January impact EMPG funding has had on 15, 2010 the jurisdiction's capabilities. and July 15, 2010. b. The Bi-annual Strategy Implementation Report (BSIR) must be submitted through the Department of Homeland Security on-line Grant Reporting Tool every Jul and Janua . Hazard Identification, Risk Assessment and Impact Analvsis Activities and deliverables within the hazard identification, risk assessment, and impact analysis functional area should address a comprehensive assessment and identification of risks, including potential natural and human-caused events, and the potential impact of those hazards. These identification and analysis activities, including current efforts to better identify risks to critical infrastructures, should then feed into the planning process. Activities Deliverable Pertormance Measures Deadline Update City of Auburn section of the King County Updated hazard Updated hazard mitigation 3/31/2010 Hazard Mitigation Plan. analysis, risk plans are critical to long-term assessment, hazard planning and essential to mitigation project obtaining hazard mitigation identification. project funding. The current plan is out of date and this project will make it relevant to our Cit as it is toda . Hazard Mitigation Activities and deliverables within the hazard mitigation functional area require that the program create and implement a strategy to lessen the impacts of disasters. The strategy must take into account results of hazard identification and risk assessments, analysis of impacts of each hazard, and experiences in the jurisdiction, and must prioritize mitigation projects based on loss reduction. Activities Deliverable - Performance Measures Deadline none Laws and Authorities Activities and deliverables within the laws and authorities functional area should address the legal underpinnings necessary to authorize and conduct an emergency management program. Activities Deliverable Performance Measures Deadline none DHS-EMPG-FFY 09 Page 21 of 22 City of Auburn E09-242 Loqistics and Facilities Activities and deliverables within the logistics and facilities functional area should address facilities and a logistical framework capable of supporting response and recovery operations. This includes the requirement for emergency operations primary and alternate facilities that are established, equipped, periodically tested, and maintained. Activities Deliverable Performance Measures Deadline Move the City of Auburn Primary EOC to a new A functional EOC in a A fully functional and 3/31/2010 location at the City hall annex. new location. centrally located EOC in a secure facility is essential to emergency management activities. The new facility will provide an elevated, secure location, built to current seismic code, from which emergency operations can be conducted cit -wide. Oqerations and Procedures Activities and deliverables within the operations and procedures functional area should address standard operating procedures, checklists, and other instructions to execute the emergency operations plan and other plans. Procedures should relate to hazards previously identified by the jurisdiction. Activities Defiverable Performance Measures Deadline none Resource Management Activities and deliverables within the resource management functional area involve methodologies for prompt and effective identification, acquisition, distribution, tracking and use of personnel and equipment needed for emergency functions. Activities Deliverable Performance Measures Deadline none Trainin Activities and deliverables within the training functional area require that the program maintain a documented training program for emergency management/response personnel and public officials, including that emergency personnel receive training on the incident management system of the jurisdiction. Activities Deliverable Performance Measures Deadline none DHS-EMPG-FFY 09 Page 22 of 22 City of Auburn E09-242 SIGNATURE AUTHQRIZATItJN F4R.M WASHiNGTON STATE IVIiLITARY DEPARTMENT Camp 1lllurray, Washington 98430-5122 Please read instructions on reverse side before compl~is torm. NAME OF ORGANI7ATIC}N DATE SUBMITTED PR4JECT DESCRIPTION CONTRAGT NUMBER WIR M 1. AUTHORIZING AUTHORtTY SIGNATURE PRINT 4R TYPE NAME TITLElTERM 4F OFFICE .FYS* I 2. AUTHQRlZEO T4 SIGN CC}NTRAGTSfCONTRACT AMENDMENTS i ~ SIGNATURE PRINT OR TYPE NAME TITLE 3;,~~ ~i" .Y~. y,_~:'~ yA" ~ ~r.AA4t= v7 ~7 3. AUTHORfZED TO SIGN REQUESTS FOR REIMBURSEMENT SIGNATURE PRlNT OR TYPE NAME TITLE ANAC-1N0L1Vi0ME1KARENB\....1WPiS1GNAUTH Revisecf 5/(}0 INSTRUCTIONS FOR SiGNATURE AUTHOR1ZAfilON FORM This form identifies the persons wha have the authority ta sign cantracts, amendments, and reques#s for reimbursement. It is required for the managernent af your contract wfth the Military Qepartment (MQ). Please camplete ail sections. .One capy with original signatures is ta be sent to MD with the signed contract, and the other should be kept with yflur copy of the contract. When a request for reimbursement is received, the signature is checked to verify that it matches the signature on file. The payment can be delaysd if the request is presented without the proper signature. (t is imporEant that the signatures in MD's files are current. Changes in staffing or respansibilities wi11 require a new signature authorizafiian form. Authorizing Authority. Generaliy, the person(s) signing in this box heads the gouerning body of the organization, such as the bdard chair or mayor. In some cases, the chief executive officer may have been delegaied this autharity. 2. Authorized to Sign Contracts/Contract Amendments. The person(s) with this autfiority should sign in this space. Usually, it is the coun#y cammissioner, mayor, executive directar, city clerk, etc. 3. Authorized to Sign Requests for Reimbursement Often the executive director, c'tty clerk, treasurer, or administrative assistant have this authority. It is advisable to have more than one person authorized ta sign reimbursement requests. This will help prevent delays in processing a request if one person is temporarily unavailable. 1f you have any questions regardirig this farm or to request new forms, please cal( yaur MD Pragram Manager. .3.~.. .....~..........w..~ vv....w.v•.•v.~.vv.. Debarment, Suspension, Ineligibility or Volun#ary Exclusian Certifcation Form NAME Doing business as (DBA) ADDRESS Applicable Procurement or Soficitation if any: WA Unifarm Bus'rness Idarrtifier (UBI) Federai Employer Tax Identificatian This oertification is submitted as rt o# a re uest to cvnbact Instructians Far Certification Regarding aebarment, Suspensian, lneligibili#y and Votuntary Exclusion--LOwer Tier Govered Transactions READ GAREFULLY BEFORE SIGNING T}tE CERTIFIGATIaM. Federal regutat3ons require contractars and bidders to sign and abide by the terms of this certification, without modification, in order to participate in certain trarmactions directly or indirectly involving #ederal funds. 1. By signing and submitting this proposal, the prospective lower tier participant is praviding the certificatian set out below. 2. The certification in this clause is a material representation af fact upon which reliance was pEaced when this transaction was entered into. If it is iater determined that the praspective lower tier participan# knowingly rendered an ecroneous certification, in addition to other remedies available ta the Federal Gavernment the department or agency with which this transaction origina#ed may pursue available rer'nedies, including suspension and/or debarment. 3. The praspective lower tier participant shal' provide immediate written natice ta the department, institution or offrce fo which this proposal is submitted if at any time the prospective lower tier participant leams that its certification was erroneaus when submitted ar had become erroneous by reason of changed circumstances. 4. The terms cavered transaction, debarred, suspended, inetigible, lower tier covered transaction, participant, person, primary cQVered transaction, principal, praposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Defnitions and Coverage sections af rufes implemenbng Executive Order 12549. Yau may cantact the person to which this proposal is submit#ed #or assistance in obtaining a eopy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed eovered transaction be entered into, Et shall not knowingly enter into any lower tier covered transaction with a person who is propased for debarment under the applicable CFR, debarred, suspended, declared ineligible, or voluntarily excluded from participatian in this cavered transactian, untess autt►arized by the department or agency wi#h which tfiis transaction originated. 6. The prospective lower tier participant further agrees by submitting this Rraposal that it wiH include this clause titfed "Certification Regarding Debarment, Suspension, Ineligibility and Votuntary Ecclusian-Lower Tier Covered Transaction," without mad'rf'ica#ion, in all lower tier covered transactions and iri all solicitations for lower tier covered transactions. 7. A participant in a covered transaGtion may rely upon a certifrcation of a prospective participant in a{ower tier covered transaction fhat it is not propased for debarnent under applicable CFR, debarred, suspended, ineligible, or volunharily exciuded from covered transactivns, unless it knows that the certificat€on is erroneous. A participant may decide ths method and frequency by which it determines the eligibility of its prineipafs. Each participant rnay, but is nat required to, check the List of Parties Excluded from Federal Procurement and Non-procurement Pragrams. 8. Nothing contained in #he foregoing shall be construed to require establishment af a system af records in orcfer to render in good faith the certification required by this clause. The knowiedge and in#ormation of a participant is not required to exceed that which is normally passessed by a prudent person in the ordinary course of business activity. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters inta a lower t[er covered transaction with a persan who is prapased for debarment under appficable CFR, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition ta ottier remedies available to the Federal Govemment, the department or agency with which this transaction originated may pursue avaiiable remeciiss, including suspension andlor debarment. Certification Regarding Qebarmen#, Suspension, Inetigibitity and Valuntary Eacclusian«Lower 3'ier Cavered Transactians The praspective lower tier parkicipant certifies, by submission of this propasal or contraet, that neither it nor its principals is presently debarred, suspended, propased for debarment, declared ineligible, or valuntartly exctuded from participa#ion in this transaction by any Federal department or agency. Where the praspective lower tier participant is unable ta certi#y to any of the statements in this certification, such prospective participant shall attach an explanation to this for►n. Bidder ar Cantractor Signature: Date: Print Name and Title: Washington Military Department Contract Number: FEDERAL. DEBARMENT, SUSPENSION INELlGIBILtTY and VOl.UNTARY EXCLUSION (FREQUENTL.Y ASKEQ QUESTI4NS) Vllhat is "Debarment. Suspension. lnetiaibilitv, and Voluntanr Exctusion"? These terms refer to the status of a person ar company that cannot contract with or receive grants from a federal agency. tn order to be debarred, suspended, ineligible, ar voluntarily excluded, you must have: • had a contract ar grant with a federal agency, and • gone through some process where the federa3 agency notified or attempted to natify you that you couid not contract with the federal agency. • Generally, this process Qccurs where you, the contractar, are not qualifred or are nat adequately performing under a contract, or have violated a regulabon or lavv pertaining to the con#ract. VNh am f required to siqn this certification? You are requesting a contract or grant with the Washingtan IVlilitary Department. Federal law (Executive Order 12545) requires Washington Military Department ensure that persons or campanies that contract with Washington Military Department are not prahibited from having federaf contracts. What is Executive Order 12549? Executive Order 12549 refers to Federal Executive Order Number 12549. The executive arder was signed by the President and directed federal agencies to ensure that federal agencies, and any state or other agency receiving federal funds were nok contracting or awarding grantse, to persons, organizations, or companies who have been excluded from participating in federal contracts or grants. Federal agencies have codified this requirement in their ind'rvidual agency Gode af Federal Regulations (CFRs). What is the qurpose o# this certification? The purpose of the certification is for you to tell Washington Military Department in writing that you have not been prohibited by federal agencies fram entering int.:) a federal contract. What does the word "Proq4sal" mean when referred to in this certification7 Propasal means a solicited or unsolicited bid, applicatian, request, invitation ta consider or similar comrnunication fram you to Washington Miiitary Qepartment. What ar who is a`9ower tier participant"? Lower tier participants means a person or organization that submits a proposal, enters into contracts with, or recsiues a grant from Washington Military Dapartment, OR any subcontractor of a contract with Washington Military Department. If yau hire subcontractors, you shouEd require #hem to sign a certification and keep it with your subcontract. What is a covered transaction when referred to in this certification? Covered Transaction means a contract, oral er written agreement, grant, or any other arrangement where yau contract with or receive money fcom Washington Mili#ary Departrnent. Covered 7ransaction does not include mandatory entitlements and individual benefits. Sample Debarment, Suspension, tneligibility, Voluntary Exctusion Con#ract Prcrvision Debarrnent Certification. The Contracto}r certifies that the Contractor is not presently debarred, suspended, propased for debarment, declared ineligib-e, or voluntarily excluded from participating in this Cantract by any Federal department or agency. If requested by Washington Mili#ary Department, the Contrac#or shall complete a Certificatian Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion form. Any such farm completed by #he Contractor for this Contract shall be incorporated into this Cantract by reference.