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HomeMy WebLinkAbout4359RESOLUTION NO. 4359 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 THIRTY EIGHT THOUSAND ONE HUNDRED THIRTY SIX DOLLARS ($38,136.00) 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 Thirty Eight Thousand One Hundred Thirty Six Dollars ($38,136.00) as the City's allotment of annual Emergency Management Performance Grant monies. Resolution No. 4359 May 27, 2008 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, 2008. CITY OF AUBURN " . .1 '> PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk APP ED TO FORM: barfiiel B. Heid, -- City Attorney Resolution No. 4359 May 27, 2008 Page 2 of 2 Washington State Military Department CONTRACT FACE SHEET 1 Contractor Name and Address City of Auburn 340 East Main Street, Suite 201 Auburn, WA 98002 2 Contract Amount $38,136 3 Contract Number E08 -295 4 Contractor's Contact Person, phone number Sarah Miller, (253) 876 -1909 5 Contract Start Date October 1, 2007 6 Contract End Date March 31, 2009 7 MD Program Manager /phone number Rachel Soya (253) 512 -7064 8 State Business License # NA 9 UBI # (state revenue) a 171 - 000 -010 10 Funding Authonty Washington State Military Department (Department) and the U.S. Department of Homeland Security (DHS) 11 Funding Source Agreement # 2008 -EM -E8 -0028 12 Program Index # & OBJ /SUB -OJ 78313, 78314 NZ 13 CFDA # & Title 97.042 EMPG 14 TIN or SSN 91- 6001228 15 Service Distncts (BY LEG DIST) 30, 31, 47 (BY CONG DIST) 8, 9 16 Service Area by County(ies) King, Pierce County 17 Women Certified? • /Minority- Owned, State X N/A • NO YES, OMWBE # 18 Contract Classification • Personal Services • Client Services X Public /Local Gov't • Collaborative Research • NE • Other 19 Contract Type (check all that apply) X Contract • Grant • Agreement • Intergovernmental (RCW 39 34) • Interagency 20 Contractor Selection Process X "To all who apply & qualify" • Competitive • Sole Source • NE RCW ❑ Filed w /OFM? • Advertised? • YES • Bidding • N/A NO 21 Contractor Type (check all that apply) • Private Organization /Individual • For - Profit X Public Organization /Junsdiction X Non - Profit • VENDOR X SUBRECIPIENT • OTHER 22 BRIEF DESCRIPTION To 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 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 o c • nd any of the parties hereto WHEREAS, the parties hereto have executed this contract on the day -nd year las ,.ecified belo' FOR THE DEPARTMENT FOR T, E-:.-6 CTOR Si ature Date James M Mullen, Director Emergency Management Division Washington State Military Department APPROVED AS TO FORM Sara J Finlay (signature on file) 9/12/2007 Assistant Attorney General Signature Date Peter B Lewis, Mayor For City of Auburn Form 10/27/00 kdb DHS - EMPG -FFY 08 Page 1 of 23 City of Auburn E08 -295 ''. 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 between /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 # /Copies Due Date Invoices 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`h day (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 Due Date Bi- Annual Strategy Implementation Report Electronic January 15 July 15 Performance Report Electronic August 15, 2008 Final Report Electronic No later than 45th day following the contract end date NIMS Compliance Progress Reports Electronic September 30, 2008 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 and /or deliverables The Bi- Annual Strategy Implementation Report will be submitted via DHS's web -based grant reporting tool located at https / /www reporting odp dhs qov/ The Performance Report and the Final Report will be submitted via the Military Department's web -based grant management tool located at https / /fortress wa gov /mil /qms /qms/ 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 Sarah Miller Rachel Soya, EMPG Program Manager DHS- EMPG -FFY 08 Page 2 of 23 City of Auburn E08 -295 1. w' 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 Secunty (DHS) solely 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 $38,136 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 2008 (FFY08) federal preparedness funding, to include EMPG, the National Incident Management System (NIMS) compliance requirements for 2007 must be met Applicants will be required to certify as part of their FFY08 EMPG applications that they have met the FFY07 NIMS requirements The NIMS Integration Center (NIC) web page, htto / /www fema qov /emergency /nims /index shtm, is updated regularly with information about the NIMS The website can also be used as a useful tool to determine the extent to which 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 08 Page 3 of 23 City of Auburn E08 -295 ' -L 1 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 14 -15 of the EMPG FFY08 Program Guidance located at http / /www fema qov /emergency /empq /empq shtm or on FEMA's website at http / /www fema qov /plan /ehp /ehp - applicant -help shtm DHS- EMPG -FFY 08 Page 4 of 23 City of Auburn E08 -295 • Washington Military Department GENERAL TERMS AND CONDITIONS Exhibit A Subrecipient 1. DEFINITIONS As used throughout this contract, the following terms shall have the meaning set forth below a "Department" shall mean the Washington Military Department, as a state agency, any division, section, office, unit or other entity of the Department, or any of the officers or other officials lawfully representing that Department b "Contractor" shall mean that firm, organization, group, individual, or other entity performing services under this contract, and shall include all employees of the Contractor It shall include any subcontractor retained by the prime Contractor as permitted under the terms of this contract "Contractor" shall be further defined as one or the other of the following and so indicated on face sheet of the contract 1) " Subrecipient' shall mean a contractor that operates a federal or state assistance program for which it receives federal funds and which has the authority to determine both the services rendered and disposition of program funds 2) "Venda" shall mean a contractor that agrees to provide the amount and kind of service or activity requested by the Department and that agrees to provide goods or services to be utilized by the Department c "Subcontractor" shall mean one, not in the employment of the Contractor, who is performing all or part of those services under this contract under a separate contract with the Contractor The terms "subcontractor" and "subcontractors" mean subcontractor(s) in any tier d "Recipient " — a nonfederal entity that expends federal awards received directly from a federal awarding agency to carry out a federal program e "Pass- Through Entity" means the Washington State Military Department as it is applied to this contract As found in SAAM 50 30.30 — "A nonfederal entity that provides a federal award to a subrecipient to carry out a federal program " f "Nonfederal Entity" is defined as a state local government or nonprofit organization (as defined in federal Circular A -133) g "Cognizant State Agency" shall mean a state agency that has assumed the responsibility of implementing single audit requirements and coordinating audit follow -up for a particular grantee by virtue of providing the majority of federal assistance If funds are received from more than one state agency, the cognizant state agency shall be the agency who contributes the largest portion of federal financial assistance to the subrecipient unless the designation has been reassigned to a different state agency by mutual agreement. h. "Federal Financial Assistance" — Assistance that nonfederal entities receive or administer in the form of grants, loans, loan guarantees, property (including donated surplus property), cooperative agreements, interest subsidies, insurance, food commodities, direct appropriations or other assistance It does not include amounts received for provision of vendor services to federal agencies or reimbursement for services rendered directly to individuals i "Grant" - For the purposes herein, the term "grant" may be used to mean "contracts" or "grants" or "agreements ". 1 "CFDA Number" — The five -digit number assigned to a federal assistance program in the federal Catalog of Federal Domestic Assistance (CFDA) or, in the absence of a catalog defined number, the number defined by instructions from the federal audit clearinghouse k "CFR" — Code of Federal Regulations I "OMB" — Office of Management and Budget m "RCW" - Revised Code of Washington n "WAC" - Washington Administrative Code DHS- EMPG -FFY 08 Page 5 of 23 City of Auburn E08 -295 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 guidelines for the federal programs ensure compliance with statutes, grant guidelines, the sub -award agreement, Office of Management and Budget (OMB) circulars (including OMB Circular A -133), subrecipient audits, and other guidance found in the Federal Register The Department shall adhere to its Subrecipient Monitoring Policy 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 08 Page 6 of 23 City of Auburn E08 -295 i 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 Jnonitor 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 ciov 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 08 Page 7 of 23 City of Auburn E08 -295 4, 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 08 Page 8 of 23 City of Auburn E08 -295 •r, 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 qov. 13 LIMITATION OF AUTHORITY -- "Authorized Signature" The signatories to this contract represent that they have the authority to bind their respective organizations to this contract Only the assigned Authorized Signature for each party, or the assigned delegate by writing prior to action, shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this contract Furthermore, any alteration, amendment, modification, or waiver of any clause or condition of this contract is not effective or binding unless made in writing and signed by the Authorized Signature(s) 14 CONTRACTOR NOT EMPLOYEE — INDEPENDENT STATUS OF CONTRACTOR The parties intend that an independent contractor relationship will be created by this contract The Contractor and /or employees or agents performing under this contract are not employees or agents of the Department in any manner whatsoever, and will not be presented as nor claim to be officers or employees of the Department or of the State of Washington by reason hereof, nor will the Contractor and /or employees or agents performing under this contract make any claim, demand, or application to or for any right, privilege or benefit applicable to an officer or employee of the Department or of the State of Washington, including, but not limited to, Worker's Compensation coverage, unemployment insurance benefits, social security benefits, retirement membership or credit, or privilege or benefit which would accrue to a civil service employee under Chapter 41 06 RCW. It is understood that if the Contractor is another state department, state agency, state university, state college, state community college, state board, or state commission, that the officers and employees are employed by the state of Washington in their own right If the Contractor is an individual currently employed by a Washington State agency, the Department shall obtain proper approval from the employing agency or institution A statement of "no conflict of interest" shall be submitted to the Department 15 NONASSIGNABILITY This contract, the work to be provided under this contract, and any claim arising thereunder, are not assignable or delegable by either party in whole or in part, without the express prior written consent of the other party, which consent shall riot 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 08 Page 9 of 23 City of Auburn E08 -295 r. 19 ADVANCE PAYMENTS PROHIBITED The Department shall make no payments in advance or in anticipation of goods or services to be provided under this contract Contractor shall not invoice the Department in advance of delivery of such goods or services 20 TAXES, FEES AND LICENSES Unless otherwise provided in this contract, the Contractor shall pay for and maintain in current status all taxes, unemployment contributions, fees, licenses, assessments, permit charges and expenses of any other kind for the Contractor or its staff required by statute or regulation that are necessary for contract performance 21 TRAVEL AND SUBSISTENCE REIMBURSEMENT Unless the contract specifically provides for different rates, any travel or subsistence reimbursement allowed under the contract shall be paid in accordance with rates set pursuant to RCW 43 03 050 and RCW 43 03 060 as now existing or amended The Contractor may be required to provide to the Department copies of receipts for any travel related expenses other than meals and mileage (example parking lots that do not provide receipts) that are authorized under this contract 22 GOVERNING LAW AND VENUE This contract shall be construed and enforced in accordance with, and the validity and performance hereof shall be governed by, the laws of the state of Washington Venue of any suit between the parties arising out of this contract shall be the Superior Court of Thurston County, Washington 23 HOLD HARMLESS AND INDEMNIFICATION Each party to this contract shall be responsible for injury to persons or damage to property resulting from negligence on the part of itself, its employees, agents, officers, or subcontractors Neither party assumes any responsibility to the other party for the consequences of any act or omission of any third party. 24 WAIVER OF DEFAULT Waiver of any default or breach shall not be deemed to be a waiver of any other or subsequent default or breach Any waiver shall not be construed to be a modification of the terms of this contract unless stated to be such in writing signed by The Adjutant General or the Authorized Signature for the Department and attached to the original contract. 25 DISPUTES The parties shall make every effort to resolve disputes arising out of or relating to this contract through discussion and negotiation Should discussion and negotiation fail to resolve a dispute arising under this contract, the parties shall select a dispute resolution team to resolve the dispute The team shall consist of a representative appointed by each party and a third representative mutually agreed upon by both parties The team shall attempt, by majority vote, to resolve the dispute Both parties agree that this disputes process shall precede any action in a judicial or quasi - judicial tribunal Nothing in this section shall preclude the parties from mutually agreeing to a different dispute resolution method in lieu of the procedure outlined above 26 ATTORNEY'S FEES In the event of litigation or other action brought to enforce contract terms, or alternative dispute resolution process, each party agrees to bear its own attorney's fees and costs 27 LOSS OR REDUCTION OF FUNDING In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this contract and prior to normal completion, the Department may reduce its scope of work and budget or unilaterally terminate all or part of the contract as a "Termination for Cause ", without providing the Contractor an opportunity to cure. Alternatively, the parties may renegotiate the terms of this contract under "Contract Modifications" to comply with new funding limitations and conditions, although the Department has no obligation to do so DHS- EMPG -FFY 08 Page 10 of 23 City of Aubum E08 -295 28. TERMINATION OR SUSPENSION FOR CAUSE In the event the Department, in its sole discretion, determines the Contractor has failed to fulfill in a timely and proper manner its obligations under this contract, is in an unsound financial condition so as to endanger performance hereunder, is in violation of any laws or regulations that render the Contractor unable to perform any aspect of the contract, or has violated any of the covenants, agreements or stipulations of this contract, the Department has the right to immediately suspend or terminate this contract in whole or in part The Department may notify the Contractor in writing of the need to take corrective action and provide a period of time in which to cure The Department is not required to allow the Contractor an opportunity to cure if it is not feasible as determined solely within the Department's discretion Any time allowed for cure shall not diminish or eliminate the Contractor's liability for damages or otherwise affect any other remedies available to the Department. If the Department allows the Contractor an opportunity to cure, the Department shall notify the Contractor in writing of the need to take corrective action If the corrective action is not taken within ten (10) calendar days or as otherwise specified by the Department, or if such corrective action is deemed by the Department to be insufficient, the contract may be terminated in whole or in part The Department reserves the right to suspend all or part of the contract, withhold further payments, or prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged compliance breach, pending corrective action by the Contractor, if allowed, or pending a decision by the Department to terminate the contract in whole or in part In the event of termination, the Contractor shall be liable for all damages as authorized by law, including but not limited to, any cost difference between the original contract and the replacement or cover contract and all administrative costs directly related to the replacement contract, e g., cost of administenng the competitive solicitation process, mailing, advertising and other associated staff time The rights and remedies of the Department provided for in this section shall not be exclusive and are in addition to any other rights and remedies provided by law If it is determined that the Contractor (1) was not in default or material breach, or (2) failure to perform was outside of the Contractor's control, fault or negligence, the termination shall be deemed to be a "Termination for Convenience" 29. TERMINATION FOR CONVENIENCE Notwithstanding any provisions of this contract, the Contractor may terminate this contract by providing written notice of such termination to the Department's Key Personnel identified in the contract, specifying the effective date thereof, at least thirty (30) days prior to such date Except as otherwise provided in this contract, the Department, in its sole discretion and in the best interests of the State of Washington, may terminate this contract in whole or in part by providing ten (10) calendar days written notice, beginning on the second day after mailing to the Contractor Upon notice of termination for convenience, the Department reserves the right to suspend all or part of the contract, withhold further payments, or prohibit the Contractor from incurring additional obligations of funds In the event of termination, the Contractor shall be liable for all damages as authorized by law The rights and remedies of the Department provided for in this section shall not be exclusive and are in addition to any other rights and remedies provided by law 30 TERMINATION PROCEDURES In addition to the procedures set forth below, if the Department terminates this contract, the Contractor shall follow any procedures specified in the termination notice Upon termination of this contract and in addition to any other rights provided in this contract, the Department may require the Contractor to deliver to the Department any property specifically produced or acquired for the performance of such part of this contract as has been terminated DHS- EMPG -FFY 08 Page 11 of 23 City of Auburn E08 -295 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 which is in the possession of the Contractor and in which the Department has or may acquire an interest AAG Approved 9/12/2007 DHS- EMPG -FFY 08 Page 12 of 23 City of Aubum E08 -295 Exhibit B Statement of Work FFY 2008 Emergency Management Performance Grant Program INTRODUCTION: The Washington State Military Department Emergency Management Division (EMD) receives grant monies each year from the U.S Department of Homeland Security (DHS) 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 FFY08 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 In addition, the Budget Sheet is used to announce the FFY08 EMPG award GENERAL PROGRAM REQUIREMENTS: 1 Prepare and submit a Bi- Annual Strategy Implementation Report (BSIR), via the web -based grant reporting tool (https / /www reporting odp dhs goy) 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 qov /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 FFY08 Emergency Management Performance Grant Program Guidance, which can be found at http / /www fema qov /pdf /emergency /empq /fy08 empq guidance pdf, as well as all subsequent policy changes 5 Ensure that all sub - contractors are in compliance with the FFY08 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 mipt orq/ DHS -EMPG -FFY 08 Page 13 of 23 City of Auburn E08 -295 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 FFY08 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 No more than 3% of the total grant award may be used on Management and Administrative expenditures 9 Submit at maximum monthly requests for reimbursement to the Department for costs incurred using the online e-GMS located at https / /fortress wa qov /md /gms /qms/ 10 No costs will be paid in advance of their being incurred by the Contractor. 11 No equipment or supply costs will be reimbursed until the items have been received by the Contractor and invoiced by the vendor 12 No travel or subsistence costs, including lodging and meals, reimbursed with EMPG funds may exceed federal maximum rates which can be found at http / /www qsa goy. 13 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 FFY08 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 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 packing 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 08 Page 14 of 23 City of Aubum E08 -295 MILESTONE TIMELINE FFY08 Emergency Management Performance Grant Program MILESTONE TASK October 1, 2007 Start of contract performance penod May 2008 Contract Execution August 15, 2008 Submission of Performance Report to e-GMS September 30, 2008 Submit NIMS compliance report January 15, 2009 Submission of Bi- annual Strategy Implementation Report (BSIR) to the Grant Reporting Tool (GRT) for FFY08 EMPG March 31, 2009 End of grant performance period No later than May 14, 2009 Submit all final reports, requests for reimbursement and /or deliverables July 15, 2009 Submission of final Bi- annual Strategy Implementation Report (BSIR) to GRT for FFY08 EMPG DHS- EMPG -FFY 08 Page 15 of 23 City of Auburn E08 -295 96Z -809 wngny jo kIlO EZ Jo 91 abed 80 Adz-OdW9-SHa JdW3 — 171. 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Joloelluoogns adueinsui 0$, - y' jl` leluald coeds 0$ �, aseai olny 00917,$ .;;" " . luieW/leuoliuer 00'0$; `` 6uiluud 00t7'11- >. sauoydalal 00£'9l$ '- ',;� saliddns 008$ : ;° luawdinb3 Y slso0 loaJia -ul t7,1.8 8/ 91.$ *x. ;ys "'{ sp ;aueg pue seueles * ;a6pn8 spunj Feoo1 800Z AHVVNVNf1S 1300(18 ONtIVH3d01N31N3OVNVW J10N2O1:131N3 1�d001 aleudoJdde uayM sauo6aleo 6uIM011ol an of 6uipJ000e paluawnoop aq 'legs sainppuedxa loeJluo0 wei6oid ;ue.i0 aouewJoped 4uawa6eueiAl Aoua6iew3 80J1d3 leagS la6pn8 0 pgIgx3 1' r • Attachment A Scope of Work FFY08 Emergency Management Performance Grant Program Communications and Warning 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 Required Activities Deliverable Performance Measures Deadline 1 Participate in all scheduled National Warning System (NAWAS) tests and exercises, whether a Primary NAWAS Warning Point, a Secondary Warning Point, or a Tertiary Warning Point. This is the on- going test of the statewide warning fan -out as outlined in the State CEMP and warning annex. All emergency management unsdictions must be a •art of this fan -out a Ensure jurisdiction is incorporated into the fan out b Participate in scheduled tests Jurisdiction will be better prepared to activate NAWAS in an emergency Success will be measured through the number of successful NAWAS tests corn•leted Ongoing 2 Work with EMD to ensure Comprehensive Emergency Management Network (CEMNET) capability is maintained and participate in scheduled testing between the local Emergency Operations Center (EOC) or similar facility and the state EOC. Communicate regularly with EMD to retain CEMNET capability and participate in testing as scheduled Jurisdiction will be better prepared to use CEMNET in an emergency Success will be measured by the number of scheduled tests the jurisdiction •artici•ates in. Ongoing 3 Develop and /or update local plans and equipment for use of amateur radio (HAM bands) through the Radio Amateur Civil Emergency Service (RACES) program and as per the state RACES plan Update local plans and equipment as necessary Increase number of volunteers in local amateur radio emergency support group Jurisdiction will be better prepared to utilize RACES volunteers, particularly if other communication capabilities are inoperable, in an emer• enc Ongoing 4 Where possible, work with the Local Area Emergency Alert System (EAS) Committee (LAECC) to complete an EAS plan and the Local Relay Network (LRN) per existing guidance from the FCC, FEMA, and the State Emergency Communications Committee with assistance from the State EMD Telecommunications staff Develop /update an EAS Plan as needed Updated plans will result in an improved capability to utilize the EAS in an emergency Ongoing 5 Participate in all scheduled EAS tests commensurate with your EAS plan and operational status of your LRN Participate as scheduled Jurisdiction will be better prepared to activate EAS in an emergency Success will be measured by the number of scheduled tests the jurisdiction •artici•ates in Ongoing DHS- EMPG -FFY 08 Page 17 of 23 City o Auburn E08 -295 '6 Notify , the state EOC immediately upon Submit a daily Situation Coordination As required activation of your local EOC. Provide Report (SITREP) to the between the state due to an periodic (at least once per day) Situation state EOC during and the local EOC activation Reports (SITREPs) activation will improve response capabilities in an event 7 If notified by the State that it has Log -in when notified of a Improved information As required activated to the Phase III level, log into Phase III event sharing at the state due to an WebEOC using the State's website located at https / /fortress wa qov /mil /webeoc /eoc6 /, and local level will improve response capabilities in an event Successful log -ins for activations and exercises will be recorded within activation when possible If the activation affects your Jurisdiction you should remain logged -in. For log -in information for the State's website, contact Peter Nguyen, WebEOC Coordinator at (253) 512 -7020 WebEOC 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 Required Activities Deliverable Performance Measures Deadline 1. Continued Plan and host a community disaster preparedness fair Citizens of Auburn will attend the fair and learning how to better prepared for disasters September 13. 2008 Direction, Control and Warning 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 Required Activities Deliverable Performance Measures Deadline 1 Be fully compliant with all federal fiscal year 2008 National Incident Management System (NIMS) compliance requirements by September 30, 2008 For specifics on the NIMS requirements please contact Jim Kadrmas, State NIMS Coordinator, at nimscoordinator @emd wa qov or (253) Report NIMS compliance progress through the state online NIMS reporting tool. Emergency responders will have a uniform set of processes and procedures thus improving all- hazard incident response capabilities September 30, 2008 512 -7027 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 DHS- EMPG -FFY 08 Page 18 of 23 City of Auburn E08 -295 y Required Activities Deliverable Performance Measures Deadline 1 Each jurisdiction receiving EMPG funds must participate in the design, conduct and evaluation of at least one exercise during the performance period full - scale, functional or tabletop The exercise should fit into the jurisdiction's multi -year exercise plan and be consistent with the Homeland Security Exercise and Evaluation Program (HSEEP) At least one full -scale and one functional exercise must be completed within a five- year period The exercise may be accomplished alone or in conjunction with FEMA, EMD, other public or private entities, or with nei. hborin. urisdictions Submit an After Action Report (AAR) and Improvement Plan (IP) to the State Exercise Training Officer (ETO) within 60 days of the completion of the exercise. The recommended format for the AAR and IP can be found in Volume III of the HSEEP manuals at https / /hseep dhs gov /supp Through the exercise process a jurisdiction can determine areas of strength and weakness in response capabilities Development of an AAR and IP allows for the documentation and follow -up on those issues Upon submission and approval of the AAR, the ETO will issue a letter of EMPG credit to the jurisdiction March 5, 2008 ort/Volumelll pdf 2 In the event a jurisdiction experiences an actual event that adequately tests overall emergency management capabilities, exercise credit may be requested within 60 days Submit an After Action Report (AAR) and Improvement Plan (IP) to the State Exercise Training Officer (ETO) within 60 days of the end of the activation. The recommended format for the AAR and IP can be found in Volume III HSEEP manuals at https / /hseep dhs qov /supp Development of an AAR and IP allows for documentation and follow -up on issues identified during an activation. Upon submission and approval of the AAR, the ETO will issue a letter of EMPG credit to the jurisdiction As necessary, depending on actual events. ortNolumelll 'cif Additional Activities Deliverable Performance Measures Deadline 3. Work with individual City departments to assess their emergency management training needs Complete assessment of departmental training needs Create plan for meeting those training needs Conduct needed training Knowledge and experience level for individual departments will be increased, leading to more effective emer• enc response March 31, 2009 Mutual Aid Activities and deliverables within the mutual aid functional area should address the development and maintenance of mutual aid agreements Required Activities Deliverable Performance Measures Deadline 1 Review mutual aid agreements, following the guidance set forth in the state Emergency Management Division's Mutual Aid and Inter -local Agreement Handbook Update mutual aid agreements as deemed necessary by the jurisdiction Up -to -date mutual aid agreements enable expedited partnership and support among jurisdictions during an actual emer•enc Ongoing DHS- EMPG -FFY 08 Page 19 of 23 City of Auburn E08 -295 Planning 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 Required Activities Deliverable Performance Measures - Deadline 1 Review the Comprehensive Emergency Management Plan (CEMP) and supporting Emergency Support Functions (ESFs) The CEMP should be compliant with both the National Response Framework and the National Incident Management System (NIMS) Requirements for plan development and submission are provided in RCW 38 52 070, WAC 118 09 and WAC 118.30 a Any jurisdiction that has not submitted an updated CEMP to the state Emergency Management Division within the past four years must do so during this program year b First time applicants must complete a draft of their Basic Plan portion of the CEMP within the •ro•ram ear CEMP will address all hazards identified in the jurisdiction's Hazard Identification and Vulnerability Analysis and infrastructure and improve the jurisdiction's ability to prepare for, respond to and recover from an emergency July 31, 2008 Additional Activities Deliverable Performance Measures Deadline 2 Create evacuation, sheltering, and pet sheltering portions of CEMP Update appropriate ESFs to include sections on mass evacuation, sheltering, and animal sheltering CEMP will be updated to reflect appropriate information on mass evacuation, sheltering, and pet sheltering, leading to a safer communit March 31, 2009 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 Performance Measures Deadline 1 Submit reimbursement requests online, ensuring that expenditures comply with FEMA's EMPG FFY08 Program Guidance, all applicable Office of Management and Budget (OMB) Circulars (A -87, A -102, A- 133) as well as FEMA's Administrative Requirements in the Code of Federal Regulations (CFR) 44 OMB Circulars can be found at www whitehouse qov /OMB /circulars a Submit requests for reimbursement online using e-GMS A Reimbursement Spreadsheet showing how EMPG funds were spent must accompany all requests for reimbursement Expenditures listed on the Reimbursement Spreadsheet cannot be items listed in the 2008 Local Funds Budget •ortion of the EMPG funds enhance local /tribal emergency management programs and are spent in accordance with all applicable laws and guidelines As needed with final invoice due 45 days after the end of the contract CFR 44 can be found at http / /www access qpo gov/nara/cfr/waisidx 07 /44cfrvl 07 html DHS- EMPG -FFY 08 Page 20 of 23 1 y o u•um E08 -295 The Uniform Administrative Requirements Emergency Management Performance Measures Deadline related to Grants can be found in Part 13 Operating Budget in this application. b Verify in performance reports that the agency has reviewed and agrees to all relevant State and Demonstration of the impact EMPG a August 15, 2008 and May Failure to submit either type of report may Federal resuirements funding has on 14, 2009 Program 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. Required Activities Deliverable Performance Measures Deadline 1 Progress reports and BSIRs are required twice during the contract period a Progress reports must be submitted online in e- Demonstration of the impact EMPG a August 15, 2008 and May Failure to submit either type of report may GMS Reports must clearly funding has on 14, 2009 result in cancellation of the contract. describe the progress the emergency recipient is making towards the deliverables described management capabilities will be b January 15, 2009 and July in this Scope of Work documented in progress reports. 15, 2009 The final report should highlight the impact EMPG funding has had on the jurisdiction's capabilities b The Bi- annual Strategy Implementation Report (BSIR) must be submitted through the Dept of Homeland Security on -line Grant Reporting Tool every Jul and Janua Hazard Identification, Risk Assessment and Impact Analysis 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 Performance Measures Deadline 1 Update local Hazard Identification and Vulnerability Analysis Updated HIVA, reflecting current city boundaries, including new annexation areas in King and Pierce counties HIVA will address all threats to the community and be used to update both CEMP and HMP March 31, 2009 DHS- EMPG -FFY 08 Page 21 of 23 City of Auburn E08 -295 •, I w, 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 n/a 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 n/a Logistics 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 n/a Operations 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 Deliverable Performance Measures Deadline 1 Create disaster field guides to aid City employees in carrying out emergency Disaster field guide for City employees engaged in Field guides provide quick reference August 30, 2008 management activities field work materials that offer guidance for all employees in the event of a disaster, leading to a more organized and cohesive response DHS- EMPG -FFY 08 Page 22 of 23 City of Auburn E08 -295 2 Create DOC /ECC guides to aid City employees in setting up and operating DOC /ECC guides for City employees assigned to DOC /ECC guides provide quick August 30, 2008 Department Operations Center and the operate in a DOC or ECC reference materials March 31, 2009 City's Emergency Coordination Center environment. that offer guidance for employees assigned to available required and completed training DOC /ECC functions, leading to a more organized and cohesive response 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 n/a Training 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 1 Continue with established NIMS compliance training program, adding A comprehensive list of all City employees, including Training provides a basis for all response March 31, 2009 position specific training as it becomes electeds, and their level of and management available required and completed training activities, creating a common knowledge base for everyone involved DHS- EMPG -FFY 08 Page 23 of 23 City of Auburn E08 -295 NM Washington State Military Department AMENDMENT 1. CONTRACTOR NAME /ADDRESS. City of Auburn 340 East Main Street, Suite 201 Auburn, WA 98002 2 CONTRACT NUMBER- E08 -295 3. AMENDMENT NUMBER. A 4 CONTRACTOR CONTACT PERSON, NAME/TITLE Sarah Miller, (253) 876 -1909 skmiller @auburnwa.gov 5. MD STAFF CONTACT, NAME/TELEPHONE Charma Anderson (253) 512 -7064 c.anderson @emd.wa.gov 6. TIN or SSN- 91- 6001228 7. CATALOG OF FEDERAL DOMESTIC ASST (CFDA) #• 97.042 EMPG 8. FUNDING SOURCE NAME/AGREEMENT #• 2008 -EM -E8 -0028 9 FUNDING AUTHORITY: Washington State Military Department (Department) and U.S. Department of Homeland Security (DHS) 10 DESCRIPTION /JUSTIFICATION OF AMENDMENT, MODIFICATION. OR CHANGE ORDER. The U.S. Department of Homeland Security (OHS) Emergency Management Performance Grant (EMPG) provided funding to local jurisdictions and tribes that have emergency management programs to support their emergency management operating budget in an effort to enhance their emergency management program. The Contractor, City of Auburn, requests an extension to fully expend remaining funds and ensure all equipment purchased under this contract has been received, installed, and tested. The current location of the EOC is in a building that the city no longer owns which created the need for additional EOC equipment. The equipment approvals were not submitted with enough time for processing due to emergency management staff response to the winter storm disaster. The extension will allow time for the procurement of equipment. 11 AMENDMENT TERMS AND CONDITIONS 1 The overall contract amount of $38,136 remains unchanged , 2. Change the contract end date from March 31, 2009 to May 31, 2009. 3. Replace the original Milestone Timeline with the Revised Milestone Timeline. No other changes are required. All other terms and conditions of the original contract and any • revious amendments thereto remain in full force and effect. IN WITNESS WHEREOF, the Department and Contractor acknowledge and accept the terms of this contract amendment and attachments hereto and in witness whereof have executed this amendment as of the date and year written below. The rights and obligations of both parties to this contract are governed by this Contract Amendment Face Sheet and other documents incorporated herein by reference or attached and identified in the original contract document A copy of this contract amendment shall be attached to and incorporated into the original agreement between the Department and the Contractor. Any reference in such contract to the "contract" shall mean "contract as amended." IN WITNESS WHEREOF, the parties hereto have executed FOR THE DEPARTMENT: this amendment as of the date FOR THE CO TRACTOR: and year last written below: 3 1 nature mes M. Mullen, Director Emergency Management Division Washington State Military Department APPROVED AS TO FORM: Spencer W. Daniels (signature on file) 2/19 /2004 Assistant Attorney General Signature Date Peter B. Lewis, Mayor for City of Auburn Form Date 10/27/00 DHS - EMPG -FFY 08 Page 1 of 2 City of Auburn E08 -295, Amendment A IMIM I , r E08 -295 Amendment A REVISED MILESTONE TIMELINE FFY08 Emergency Management Performance Grant Program MILESTONE TASK October 1, 2007 Start of contract performance period. May 2008 Contract Execution. August 15, 2008 Submission of Performance Report to e-GMS. September 30, 2008 Submit NIMS compliance report. January 15, 2009 Submission of Bi- annual Strategy Implementation Report (BSIR) to the Grant Reporting Tool (GRT) for FFY08 EMPG. May 31, 2009 End of contract. No later than July 15, 2009 Submit all final reports, requests for reimbursement and/or deliverables. December 15, 2009 Submission of final Bi-annual Strategy Implementation Report (BSIR) to GRT for FFY08 EMPG DHS- EMPG -FFY 08 Page 2 of 2 City of Auburn E08 -295, Amendment A