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
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E08 -295
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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'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
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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