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RESOLUTION NO. 4487
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, FORMALLY ACCEPTING A GRANT
FROM THE WASHINGTON STATE MILITARY. DEPARTMENT IN
THE AMOUNT OF ONE HUNDRED FORTY THREE THOUSAND
FIVE HUNDRED 'FIFTY THREE DOLLARS ($143,553.00) FROM
THE UNITED STATES DEPARTMENT OF HOMELAND.
SECURITY EMERGENCY MANAGEMENT PERFORMANCE
GRANT PROGRAM,. AND,. AUTHORIZING THE MAYOR, I 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 Jr. Purpose. The City Council of the City of Auburn does
hereby accept the Washington State Military Department, Emergency
Management Division offer of a grant in the amount of One Hundred Forty
Three Thousand Five Hundred Fifty Three Dollars ($143;553.00) as the City's
allotment of annual Emergency Management Performance Grant monies.
Resolution No. 4487
May 21, 2009
Page 1 of 2
i
Section 2. Implementation. The Mayor of the City of Auburn is hereby
authorized, to implement such administrative procedures as may be necessary
to carry out the directions of this resolution.
Section 3. Effective Date. This Resolution shall take effect and be in
full force upon passage and signatures hereon.
DATED and SIGNED THIS DAY OF June 2009.
CFFAUBURN
PETER B. LEWIS
MAYOR
ATTEST:
Dan' le E. Daskam,
City Clerk
APPROVED S TO FORM:
niel B. He,
City Attorney
Resolution No. 4487
May 21, 2009
Page 2 of 2
Washington State Military Department
CONTRACT FACE SHEET
1. Contractor Name and Address: 2. Contract Amount: 3. Contract Number
City of Auburn
340 East Main Street, Suite 201 $143,553 E09-242
Auburn, WA 98002
4. Contractor's Contact Person, phone number: 5. Contract Start Date: 6. Contract End Date:
Sarah' Miller, (253) 876-1909 October 1, 2008 May 15, 2010
skmiller@auburnwa.gov
7. MD Program Manager/phone number: 8. State Business License 9. UBI # (state revenue):
Charma Anderson (253)-512-7064 NA 171-000-010
c.anderson@emd.wa.gov
10. Funding. Authority:
Washington State Military Department(Department) and the U.S. Department of Homeland Security (DHS)
11. Funding Source Agreement 11 Program Index # & OBJ/S113-OJ 13. CFDA # & Title: 14. TIN or SSN:
2009-EP-E9-0010 79313,79314 NZ 97.042 EMPG 91-6001228
15. Service Districts: 16. Service Area by County(ies): 17. Women/Minority-Owned, State
(BY LEG DIST): 30,31,47 King, Pierce Certified?: X N/A ❑ NO
(BY CONG DIST): 8,9 ❑ YES, OMWBE #
18. Contract Classification: 19. Contract Type (check all that apply):
❑ Personal Services ❑ Client Services X Public/Local Gov't X Contract ❑ Grant ❑ Agreement
❑ Collaborative Research ❑ A/E ❑ Other ❑ Intergovernmental (RCW 39.34) ❑ Interagency
20. Contractor Selection Process: 21. Contractor Type (check all that apply)
X "To all who apply & qualify" ❑ Competitive Bidding ❑ Private Organization/Individual ❑ For-Profit
❑ Sole Source ❑ A/E RCW ❑ N/A X Public Organization/Jurisdiction X Non-Profit
❑ Filed w/OFM? ❑ Advertised? ❑ YES ❑NO ❑ VENDOR X SUBRECIPIENT ❑ OTHER
22. BRIEF DESCRIPTION:
Provide U.S. Department of Homeland Security (DHS) Emergency Management Performance Grant (EMPG) funds to local
jurisdictions and tribes that have emergency -management programs to ; support and enhance their emergency
management operating budget in an effort to enhance their'emergency management program.
IN WITNESS WHEREOF, the Department and Contractor acknowiedge 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 th;e parties. No other understandings, oral or otherwise,
regarding the subject matter of this contract shall be deemed to exist on to bind any of the parties hereto.
WHEREAS, the parties hereto have executed this contract on the day an I Tied below.
FOR THE DEPARTMENT: FO T A &6R:
(
zqu) f UN 12009
S nature Date Signature Date
James M. Mullen, Director Peter B. Lewis, Mayor
Emergency Management Division For
Washington State Military Department
APPROVED AS TO FORM: City of Auburn
Sara J. Finlay (signature on file) 9/12/2007
Assistant Attorney General
Form 10/27/00 kdb
DHS-EMPG-FFY 09 Page 1 of 22 City of Auburn
E09-242
SPECIAL TERMS AND CONDITIONS
ARTICLE I COMPENSATION SCHEDULE:
This is a fixed price, reimbursement contract. Within the total contract amount, travel, subcontracts, salaries
and wages, benefits, printing, equipment, and other goods and services or other budget categories will be
reimbursed on an actual cost basis unless otherwise provided in this contract. Any travel or subsistence
reimbursement allowed under the contract shall be paid in accordance with rates set pursuant to RCW
43.03.050 and RCW 43.03.060 as now existing or amended and in agreement with federal rates. Receipts
and/or backup documentation for any approved budget line items including travel related expenses that are
authorized under this contract must be maintained by the Contractor and be made available upon request by
the Military Department.
Some flexibility to shift funds 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 days
(shall not exceed overall contract amount) following the contract end date
All contract work must end on the contract end date, however the Contractor has up to 45 days after the
contract end date to submit all final billing.
Technical #/Copies Due Date
Bi-Annual Strategy Implementation Report Electronic January 15 & July 15
Performance Report Electronic October 15, 2009
Final Report Electronic No later than 45 days following
the contract end date
NIMS Compliance Progress Reports Electronic September 30, 2009
All contract work must end on the contract end date, however the Contractor has up to 45 days after the
contract end date to submit all final reports, invoices and deliverables.
The Bi-Annual Strategy Implementation Report will be submitted via DHS's web-based grant reporting tool
located at https://www.reporting.odr).dhs.gov/.
The Performance Report and the Final Report will be submitted via the Military Department's web-based grant
management, a-GMS, tool located at hftps://fortress.wa.gov/mil/qms/. ms/.
ARTICLE III KEY PERSONNEL:
The individuals listed below shall be considered key personnel. Any substitution must be made by written
notification to the Military Department.
CONTRACTOR: MILITARY DEPARTMENT:
Name Sarah Miller Name Charma Anderson
Title Grants Manager Title EMPG Program Manager
E-Mail skmiller@auburnwa.gov E-Mail c.anderson@emd.wa.gov
Phone (253) 876-1909 Phone (253) 512-7064
DHS-EMPG-FFY 09 Page 2 of 22 City of Auburn
E09-242
ARTICLE IV ADMINISTRATIVE REQUIREMENTS!
The Contractor shall comply with OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal
Governments; OMB A-102, Grants and Cooperative Agreements with State and Local Governments; A-133,
Audits of States, Local Governments, and Non-Profit Organizations; and 44 CFR, FEMA's codified regulations.
ARTICLE V ADDITIONAL SPECIAL CONDITIONS' AND MODIFICATION TO GENERAL CONDITIONS:
1. Funds are provided by the U.S. Department-of Homeland Security (DHS) solely for the use of supporting
emergency management programs as provided by the Emergency Management Performance Grant
(EMPG). The Contractor. shall use the funds toperform'tasks as described in the. Statement of Work and
Budget portions of the Contractor's requesfforfunding, as`approved by the Department. Funding may not
be used to replace or supplant existing local or tribal government funding of emergency management
programs.
2. The Contractor shall provide a match of $143,553 of non-federal origin. Said match may be in the form of
goods, services, and in-kind services.,
3. The Contractor acknowledges that since this contract involves federal funding, the period of performance
described herein, will likely begin prior to the availability of appropriated, federal funds. Contractor agrees
that it will"not hold the Depart. ment,-the,State of Washingtoh, -or"the United States liable for any damages,
claim for reimbursement, or any type of payment whatsoever for services performed under this contract
prior to distribution of appropriated federal funds.
Contractor agrees that it will not hold the Department, the State of Washington, or the United States liable
for any damages, claim for reimbursement or any type of payment if federal funds are not appropriated or
are not appropriated in a particular amount.
4. The Contractor agrees. that -in order to receive Federal Fiscal Year 2009 (FFY09) federal preparedness
funding, to include EMPG, the National Incident Management System (NIMS) compliance requirements
for 2009 must be met. Applicants. Will be required to certify as part of their FFY09 EMPG applications that
they, have met the FFY09,NIMS requirements.
The NIMS Integration Center (NIC) web.. page, http://www.fema.gov/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 09 Page 3 of 22 City of Auburn
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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 ortheft 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 authorizedor 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. furtherobligation 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 therequirements 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, a-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 Vlll - ENVIRONMENTAL AND HISTORIC PRESERVATION
The contractor shall ensure full compliance with FEMA's Environmental and Historic Preservation (EHP)
Program. Information about these requirements can be found on pages 35-37 of the EMPG FFY09 Program
Guidance located at httio://www.fema.gov/pdf/government/grant/empq/fvO9 empg_guidance.pdf or on FEMA's
website at hftp://www.fema.gov/pian/eho/ehp-applicant-help.shtm.
DHS-EMPG-FFY 09 Page 4 of 22 City of Auburn
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Exhibit A
Washington Military Department Subrecipient
GENERAL TERMS AND CONDITIONS
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) "Vendor" 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 he, majority of federal assistance. If funds are received from more than
one, state agency, the cognizant state agency shall be the agency who contributes.the largest
portion of federal financial assistance . to the subrecipient unless the designation has been
reassigned to a different state agency by mutual agreement.
h. "Federal Financial Assistance" - Assistance that nonfederal entities receive or administer in
the form of grants; loans, loan guarantees, property (including donated surplus property),
cooperative agreements,, interest subsidies, insurance, food commodities, direct appropriations
or other assistance. It does not include amounts received for provision of vendor services to
federal agencies or reimbursement for services rendered. directly to individuals.
i. "Grant" - For the purposes, herein, the term "grant" may be used to mean "contracts" or "grants"
or "agreements".
j. "CFDA Number" - The five-digit number assigned to a federal assistance program in the
federal Catalog of Federal Domestic. Assistance (CFDA) or, in the absence of a catalog defined
number, the number defined by instructions from the federal audit clearinghouse.
k. "CFR" - Code of Federal Regulations
1. "OMB" - Office of Management and Budget
M. "RCW' - Revised Code of Washington
n "WAC" - Washington Administrative Code.
DHS-EMPG-FFY 09 Page 5 of 22 City of Auburn
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2. SUBRECIPIENT MONITORING.
P`-
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-134subrecipient 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 monitor and evaluate performance, compliance, and/or quality
assurance under this contract.
4. SINGLE AUDIT ACT REQUIREMENTS (INCLUDING ALL AMENDMENTS)
Non-federal entities as subrecipients that expend $500,000 or more in one fiscal year of federal funds
from all sources, direct and indirect, are required to have a single or a program-specific audit conducted
in accordance with the Office of Management and Budget (OMB) Circular A-133-Audits of States, Local
Governments, and Non-Profit Organizations (revised June 27, 2003, effective for fiscal years ending
after December 31, 2003). Non-federal entities that spend less than $500,000 a year in federal awards
are exempt from federal audit requirements for that year, except as noted in Circular No. A-133.
Circular A-133 is available on the OMB Home Page at hftp://www.omb..qov and then select "Grants
Management" followed by "Circulars".
Contractors required to have an audit must ensure the audit is performed in accordance with Generally
Accepted Auditing Standards (GAAS) as found in the Government Auditing Standards (the Revised
Yellow Book) developed by the Comptroller General and the OMB Compliance Supplement. The
Contractor has the responsibility of notifying the Washington State Auditor's Office and requesting an
audit. Costs of the audit may be an allowable grant expenditure.
The Contractor shall maintain auditable records and accounts so as to facilitate the audit requirement
and shall ensure that any subcontractors also maintain auditable records.
The Contractor is responsible for any audit exceptions incurred by its own organization or that of its
subcontractors. Responses to any unresolved management findings and disallowed or questioned
costs shall be included with the audit report. The Contractor must respond to Department requests for
information or corrective action concerning audit issues or findings within 30 days of the date of
request. The Department reserves the right to recover from the Contractor all disallowed costs
resulting from the audit.
Once the single audit has been completed, the Contractor must send a full copy of the audit to the
Department and a letter stating there were no findings, or if there were findings, the letter should
provide a list of the findings. The Contractor must send the audit and the letter no later than nine (9)
mohths after the end of the Contractor's fiscal year(s) to:
Ac ounting Manager
Wa hington Military Department
Finance Division, Building #1 TA-20
Ca p Murray, WA 98430-5032
In ddition 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 tl a event that the Contractor fails to expend funds under this contract in accordance with applicable
stag and federal laws and/or the provisions of this contract, the Department reserves the right to
rec~pture 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 ~udit resolution, whichever is later. Repayment by the Contractor of funds under this recapture
pro~ision shall occur within 30 days of demand. The Department is required to institute legal
proceedings to enforce the recapture provision.
6. CO IMPLIANCE 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] N ELIGIBILITY
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 inthis 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.gov.
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 not be unreasonably withheld.
16. SUBCONTRACTING
Neither the Contractor nor any subcontractor shall enter into subcontracts for any of the work
contemplated under this contract without obtaining prior written approval of the Department. Contractor
shall use a competitive process in award of any contracts with subcontractors that are entered into after
original contract award. All subcontracts entered into pursuant to this contract shall incorporate this
contract in full by reference. In no event shall the existence of the subcontract operate to release or
reduce the liability of the Contractor to the Department for any breach in the performance of the
Contractor's duties. The Military. Department may request a copy of any and/or all subcontracts for
work being completed under this contract.
17. CONTRACT MODIFICATIONS
The Department and the Contractor may, from time to time, request changes to the contract or grant.
Any such changes that are mutually agreed upon by the Department and the Contractor shall be
incorporated herein by written amendment to this contract. It is mutually agreed and understood that
no alteration or variation of the terms of this contract shall be valid unless made in writing and signed by
the parties hereto, and that any oral understanding or agreements not incorporated herein, unless
made in writing and signed by the parties hereto, shall not be binding.
18. SEVERABILITY
In the 'event any term or condition of this contract, any provision of any document incorporated by
reference, or application of this contract to any person or circumstances is held invalid, such invalidity
shall not affect other terms, conditions, or applications of this contract which can be given effect without
the invalid term, condition, or application. To this end, the terms and conditions of this contract are
declared severable.
DHS-EMPG-FFY 09 Page 9 of 22 City of Auburn
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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 09 Page 10 of 22 City of Auburn
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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
administering the competitive solicitation process, mailing, advertising and other associated staff time.
The rights and remedies of the 'Department provided for in this-section shall not be exclusive and are in
addition to any other rights and remedies provided by law.
If it is determined that the Contractor: (1) was not in default or material breach, or (2) failure to perform
was outside of the Contractor's control, fault or negligence, the termination shall be deemed to be a
"Termination for Convenience".
29. TERMINATION FOR CONVENIENCE
Notwithstanding any provisions of this contract, the Contractor may terminate this contract by providing
written notice of such termination to the 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 09 Page 11 of 22 City of Auburn
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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 09 Page 12 of 22 City of Auburn
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i
Exhibit B
Statement of Work
FFY 2009 Emergency Management Performance Grant Program
INTRODUCTION: The Washington State Military Department Emergency Management Division (EMD)
receives grant funding each year from the U.S. Department of Homeland Security (DHS)/Federal Emergency
Management Agency (FEMA) through the Emergency Management Performance Grant (EMPG). A portion of
this grant has been identified by the state to be passed through to local jurisdictions and tribes that have
emergency management programs to supplement their local/tribal operating budget. Each jurisdiction or tribe
that applies and meets the qualifications specified in WAC 118-09 regarding emergency management
assistance funds is awarded a grant based on the size of their agency's emergency management operating
budget. Funds are used by local jurisdictions and tribes to enhance their emergency management capability.
The Statement of Work outlines the activities and.deliverables the Contractor has identified to be performed for
FFY09 EMPG. The Timeline outlines the schedule that the Contractor agrees to in order to fulfill the grant
deliverables during the contract performance period. The Budget Sheet outlines the Contractor's emergency
management operating budget (excluding federal funds) that is dedicated to emergency management activities.
GENERAL PROGRAM REQUIREMENTS:
1. Prepare and submit a Bi-Annual Strategy Implementation Report (BSIR), via the web-based grant
reporting tool (https://www.reportinq.odp.dhs.gov). Failure to meet all of the reporting deadlines
outlined in the Milestone and Timeline Schedule will prohibit the Contractor from being reimbursed
while reports are outstanding.
2. Report progress on deliverables and advise the Military Department, in writing, of necessary
adjustments to the content of the contract. Performance reports will be submitted using the on-line
electronic Grant Management System (e-GMS) located at https://fortress.wa.gov/mil/cims/gms/.
3. Adhere to all financial and procurement guidance, including competitive processes and other
procurement requirements, to include: Office of Management and Budget (OMB) Circulars, A-87 (Cost
Principles for State, local and Indian Tribal Governments) and A-133 (Audits of States, Local
Governments, and Non-Profit Organizations) and Federal Emergency Management Agency's codified
regulations, 44 CFR. Local and state procurement and contracting regulations take precedent over
these requirements when local and state regulations are more stringent.
• Adhere to DHS requirements that all sole source contracts over $100,000 be reviewed and
approved by the Department prior to execution of a contract. This requirement must be passed on
to all of the Contractor's sub-contractors, at which point the Contractor will be responsible for
reviewing and approving their sub-contractors' sole source justifications.
Adhere to DHS requirements that all contracts with individual consultants, that are not competitively
bid, and where the consultant will be charging an excess of $450 per day (excluding travel and
subsistence) must be approved by the Department before the contract is executed. This
requirement must be passed on to all of the Contractor's sub-contractors, at which point the
Contractor will be responsible for reviewing and approving their sub-contractors' contract.
4. Plan and implement equipment purchases, exercises, training, planning and management/
administration in accordance with the FFY09 Emergency Management Performance Grant Program
Guidance, which can be found at
http://www.fema.gov/pdf/government/grant/empq/fy09 empq guidance pdf, as well as all subsequent
policy changes.
5. Ensure that all 'sub-contractors are in compliance with the FFY09 Emergency Management
Performance Grant Program Guidance through monitoring of expenditures and periodic reviews of
activities.
6. If purchasing equipment using EMPG funds, the Contractor must meet the following requirements:
a. Be in compliance with the DHS Authorized Equipment List (AEL), as detailed at:
hftp://wwwl.rkb.mipt.org/.
DHS-EMPG-FFY 09 Page 13 of 22 City of Aubum
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b. Submit all proposed equipment purchases to the Committee on Homeland Security, sub-
committee on equipment to ensure that the requested equipment is on the AEL, is aligned with
the statewide equipment purchasing strategy, and submit to DHS if necessary. No
reimbursement for purchased equipment will occur until the appropriate approvals have been
obtained.
C. Determine, whether or not it is in the best interest of the Contractor to make purchases using its
own procurement process or ask the Department to make purchases on its behalf.
d. Make a request to the Department in writing that authorizes the Department to de-obligate
funding from the Contractor's contract and use the state's procurement process and contracts to
purchase equipment on behalf of the Contractor. This will necessitate an amendment to the
contract reducing the Contractor's award by an amount sufficient for the Department to make
the purchase(s). The Department will pay the vendor directly and all items will be drop shipped
to a location designated by the Contractor.
7. Exercises that are implemented with. grant funds must meet the requirements of the FFY09 Emergency
Management Performance Grant. Upon completion of the exercise, an After Action Report and an
Improvement Plan must be prepared and submitted to the Department within 60 days of completion of
the exercise. Final reimbursement for related expenditures can not be made until this requirement has
~I
been met.
8. A mechanism must be in place to capture, track and document time for staff in other agencies working
on emergency management related activities.
9. No more than 3% of the total grant award may be used on Management and Administrative
expenditures.
10. Submit at maximum monthly requests for reimbursement to the Department for costs incurred using the
online a-GMS located at https://fortress.wa.gov/mil/gms/gms/.
11. No costs will be paid in advance of their being incurred by the Contractor.
12. No equipment or supply costs will be reimbursed until the items have been received by the Contractor
and invoiced by the vendor.
13. No travel or subsistence costs, including lodging and meals, reimbursed with EMPG funds may exceed
federal maximum rates which can be found at http://www.gsa.gov.
14. Expend a minimum 15% of contract award on planning activities.
CONTRACTOR TASKS:
1. Perform activities described in the attached Scope of Work (Attachment A).
2. Manage and administer the FFY09 Emergency Management Performance Grant Program.
3. If necessary, hire a Subcontractor to assist in accomplishing the contract tasks.
4. Complete all work under the contract by the contract end date, to include receipt of approved
equipment items and supplies.
5. Each request for reimbursement will be accompanied by a reimbursement spreadsheet and a match
documentation spreadsheet detailing the expenditures to be reimbursed as well as the expenses to be
considered the match for those funds. Related financial documents and invoices must be kept on file
by the Contractor and be made available upon request to the Department, and local, state, or federal
auditors.
6. Requests for reimbursement of equipment purchases will include a copy of the vendor's invoice and
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 09 Page 14 of 22 City of Auburn
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MILESTONE TIMELINE
FFY09 Emergency Management Performance Grant Program
MILESTONE TASK
October 1, 2008 Start of contract performance period
May 2009 Contract Execution
September 30, 2009 Submit NIMS compliance report
October 15, 2009 Submission of Performance Report to a-GMS
January 15, 2010 Submission of Bi-annual Strategy Implementation Report (BSIR)
to GRT for FFY09 EMPG
May 15, 2010 End of grant performance period
No later than June 30, 2010 Submit all final reports, requests for reimbursement and/or
deliverables
July 15, 2010 Submission of final Bi-annual Strategy Implementation Report
(BSIR) to GRT for FFY09 EMPG
i
t
DHS-EMPG-FFY 09 Page 15 of 22 City of Auburn
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Exhibit C
Budget Sheet
FFY09 Emergency Management Performance Grant Program
LOCAL/TRIBAL EMERGENCY MANAGEMENT OPERATING BUDGET SUMMARY
Contract expenditures shall be documented according to the following categories when appropriate:
Category 2009 Local
Funds Budget*
Salaries and Benefits $234,652
In-Direct Costs $0
Travel $1,000
Equipment $1,000
Supplies $11,300
Telephones $3,900
Printing $0
Janitorial/Maintenance $4,500
Auto Lease $0
Space Rental $438,406
i
Insurance $0
Subcontractor $1,500
Other $10,900
Total All Program Costs $707,158
iFFY 09 EMPG Award- $21,533
Planning
FFY 09 EMPG Award- $122,020
Other
The City of Auburn award is $143,553. This is based on the FFY09 allocation factor of 20.3% of approved
local/tribal emergency management operating budgets. This award will not be used to supplant the existing
local/tribal-funds identified above. The Department's. Reimbursement Spreadsheet will accompany each
reimbursement request submitted in a-GMS. In addition, the Contractor agrees to make all records available
to Military Department staff, upon request. A total-of 3% of this award can be used to pay for management
and administration of this contract.
No federal funds are included in the local emergency management operating budget.
Funding Source: U.S. Department of Homeland Security - PI# 79313, 79314 - EMPG
DHS-EMPG-FFY 09 Page 16 of 22 City of Auburn
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Attachment A
Scope of Work
FFY09 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 a. Ensure jurisdiction is Jurisdiction will be better Ongoing
System (NAWAS) tests and exercises, whether a incorporated into the prepared to activate NAWAS
Primary NAWAS Warning Point, a Secondary fan out. in an emergency. Success
Warning Point, or a Tertiary Warning Point. This is will be measured through the
the on-going test of the statewide warning fan-out b. Participate in number of successful
as outlined in the State CEMP and warning annex. scheduled tests. NAWAS tests completed.
All emergency management jurisdictions must be
a part of this fan-out.
2. Work with EMD to ensure Comprehensive Communicate regularly Jurisdiction will be better Ongoing
Emergency Management Network (CEMNET) with EMD to retain prepared to use CEMNET in
capability is maintained and participate in CEMNET capability and an emergency. Success will
scheduled testing between the local Emergency participate in testing as be measured by the number
Operations Center (EOC) or similar facility and the scheduled. of scheduled tests the
state EOC. jurisdiction participates in.
3. Develop and/or update local plans and Update local plans and Jurisdiction will be better Ongoing
equipment for use of amateur radio (HAM bands) equipment as prepared to utilize RACES
through the Radio Amateur Civil Emergency necessary. volunteers, particularly if
Service (RACES) program and as per the state other communication
RACES plan. capabilities are inoperable,
in an emergency.
4. Where possible, work with the Local Area Develop/update an EAS Updated plans will result in Ongoing
Emergency Alert System (EAS) Committee Plan as needed. an improved capability to
(LAECC) to complete an EAS plan and the Local utilize the EAS in an
Relay Network (LRN) per existing guidance from emergency.
the FCC, FEMA, and the State Emergency
Communications Committee with assistance from
the State EMD Telecommunications staff.
5. Participate in all scheduled EAS tests Participate as Jurisdiction will be better Ongoing
commensurate with your EAS plan and operational scheduled. prepared to activate EAS in
status of your LRN, an emergency. Success will
be measured by the number
of scheduled tests the
jurisdiction participates in.
6. Notify the state EOC immediately upon Submit a daily Situation Coordination between the As
activation of your local EOC. Provide periodic (at Report (SITREP) to the state and the local EOC will required
least once per day) Situation Reports (SITREPs) state EOC during improve response due to an
activation. capabilities in an event. activation.
DHS-EMPG-FFY 09 Page 17 of 22 City of Auburn
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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. Conduct a public disaster education a. Preparedness presentations and Citizens of Washington will Ongoing
program for the inhabitants of your distribution of preparedness be better able to care for
community. materials to schools, civic groups, themselves, family
business organizations, nursing members, neighbors, etc.
care facilities, child care facilities, and will improve their ability
governmental agencies, hospitals, to stay safe during an
the general public, etc. emergency. Success can be
measured through the
and/or number of presentations
provided or participation in
b. Participate in the State's Disaster the Washington State
Preparedness Campaign. campaign.
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 Report NIMS compliance progress Emergency responders will Ongoing
and State National Incident through the state online NIMS have a uniform set of
Management System (NIMS) reporting tool. processes and procedures
compliance requirements. Guidance for thus improving all-hazard
compliancy and reporting requirements incident response
will be provided by Toney Raines, capabilities.
State NIMS Coordinator. Please
contact Toney at
nimscoordinator(o emd.wa.gov if you
have questions.
NIMS Compliance Self-Certification: YES
Note: Failure to meet NIMS compliance requirements will result in the loss of federal preparedness funding.
Exercises, Evaluations and Corrective Actions
Activities and deliverables within the exercise, evaluation, and corrective actions functional area calls for regularly
scheduled exercises, evaluations and corrective actions, including a process for addressing corrective actions.
Required Activities Deliverable Performance Deadline
Measures
1. Each jurisdiction receiving EMPG funds Submit an After Action Report (AAR) and Through the 60 days
must participate in the design, conduct Improvement Plan (IP) to the State exercise process a
and evaluation of at least one exercise Exercise Training Officer (ETO) within 60 jurisdiction can
during the performance period: full-scale, days of the completion of the exercise. The determine areas of
functional or tabletop. The exercise standard format for the AAR and IP can be strength and
should fit into the jurisdiction's multi-year found in Volume III of the HSEEP manuals weakness in
exercise plan and be consistent with the at response
Homeland Security Exercise and https //hseep dhs gov/supporUVolumelll pdf capabilities.
Evaluation Program (HSEEP).
DHS-EMPG-FFY 09 Page 18 of 22 City of Auburn
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At least one full-scale and one functional Development of an
exercise must be completed within a five- AAR and IP allows
year period. These exercises are to be for the
multi-agency and multi-functional in documentation,
design and conduct. monitoring and
follow-up on those
The exercise may be accomplished alone issues. Upon
or in conjunction with FEMA, EMD, other submission and
public or private entities, or with approval of the
neighboring jurisdictions. AAR, the ETO will
issue a letter of
EMPG credit to the
jurisdiction.
2. In the event a jurisdiction experiences Submit an After Action Report (AAR) and Development of an 60 days
an actual event/activation that adequately Improvement Plan (IP) to the State AAR and IP allows
tests overall emergency management Exercise Training Officer (ETO) within 60 for documentation
capabilities, exercise credit may be days of the end of the activation. The and follow-up on
requested within 60 days. standard format for the AAR and IP can be issues identified
found in Volume III HSEEP manuals at during an
https://hseep.dhs.gov/supoort/Volumelli.pdf activation. Upon
submission and
approval of the
AAR, the ETO will
issue a letter of
EMPG credit to the
jurisdiction.
Five-Year Exercise Schedule:
2009: Tabletop
2010: Functional
2011: Full-Scale
2012: Tabletop
2013: Functional
Mutual Aid
Activities and deliverables within the mutual aid functional area should address the development and maintenance of
mutual aid agreements.
Required Activities Deliverable Performance Measures Deadline
1. Review mutual aid agreements, following the Update mutual aid Up-to-date mutual aid
guidance set forth in the state Emergency agreements as deemed agreements enable Ongoing
Management Division's Mutual Aid and Inter-local necessary by the expedited partnership and
Agreement Handbook. jurisdiction. support among jurisdictions
during an actual emergency.
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.
DHS-EMPG-FFY 09 Page 19 of 22 City of Auburn
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' Required Activities Deliverable Performance Measures Deadline
1. Review the Comprehensive Emergency a. Any jurisdiction that has CEMP will address all 3/31/2013
Management Plan (CEMP) and supporting not submitted an updated hazards identified in the
Emergency Support Functions (ESFs). The CEMP to the state jurisdiction's Hazard
CEMP should be compliant with both the Emergency Management Identification and
National Response Framework and the Division within the past Vulnerability Analysis and
National Incident Management System (NIMS). four years must do so infrastructure and
Requirements for plan development and during this program year. improve the jurisdiction's
submission are provided in RCW 38.52.070, ability to prepare for,
WAC 118.09 and WAC 118.30. b. First time applicants respond to and recover
must complete a draft of from an emergency.
their Basic Plan portion of
the CEMP within the
program year.
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. Deadline
Measures
1. Submit reimbursement requests online, ensuring that a. Submit requests EMPG funds As
expenditures comply with FEMA's EMPG FFY09 Program for reimbursement enhance local/tribal needed
Guidance, all applicable Office of Management and Budget online using a-GMS. emergency with final
(OMB) Circulars (A-87, A-102, A-133) as well as FEMA's A Reimbursement management invoice
Administrative Requirements in the Code of Federal Spreadsheet programs and are due 45
Regulations (CFR) 44. showing how EMPG spent in accordance days
funds were spent with all applicable after the
OMB Circulars can be found at: must accompany all laws and guidelines. end of
www.whitehouse.gov/OMB/circulars requests for the
reimbursement. contract
CFR 44 can be found at: Expenditures listed
http://www.access.gpo.gov/nara/cfr/waisidx 07/44cfrvl 07.html on the
The Uniform Administrative Requirements related to Grants can Reimbursement
be found in Part 13. Spreadsheet
cannot be items
listed in the 2009
Local Funds
Budget portion of
the Emergency
Management
Operating Budget
in this application.
b. Verify in
performance reports
that the agency has
reviewed and agrees
to all relevant State
and Federal
re uirements.
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.
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Required Activities Deliverable Performance Measures Deadline
1. Progress reports and BSIRs are a. Progress reports must be Demonstration of the impact a.
required twice during the contract submitted online in a-GMS. EMPG funding has on October
period. Failure to submit either type of Reports must clearly describe the emergency management 15, 2009
report may result in cancellation of the progress the recipient is making capabilities will be and June
contract. towards the deliverables described documented in progress 30, 2010
in this Scope of Work. reports.
b.
The final report should highlight the January
impact EMPG funding has had on 15, 2010
the jurisdiction's capabilities. and July
15, 2010.
b. The Bi-annual Strategy
Implementation Report (BSIR)
must be submitted through the
Department of Homeland Security
on-line Grant Reporting Tool every
Jul and January.
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
Update City of Auburn section of the King County Updated hazard Updated hazard mitigation 3/31/2010
Hazard Mitigation Plan. analysis, risk plans are critical to long-term
assessment, hazard planning and essential to
mitigation project obtaining hazard mitigation
identification. project funding. The current
plan is out of date and this
project will make it relevant
to our City as it is today.
Hazard Mitigation
Activities and deliverables within the hazard mitigation functional area require that the program create and implement a
strategy to lessen the impacts of disasters. The strategy must take into account results of hazard identification and risk
assessments, analysis of impacts of each hazard, and experiences in the jurisdiction, and must prioritize mitigation
projects based on loss reduction.
Activities Deliverable Performance Measures Deadline
none
Laws and Authorities
Activities and deliverables within the laws and authorities functional area should address the legal underpinnings
necessary to authorize and conduct an emergency management program.
Activities Deliverable Performance Measures Deadline
none
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LoCistics and Facilities
Activities and deliverables within the logistics and facilities functional area should address facilities and a logistical
framework capable of supporting response and recovery operations. This includes the requirement for emergency
operations primary and alternate facilities that are established, equipped, periodically tested, and maintained.
Activities Deliverable Performance Measures Deadline
Move the City of Auburn Primary EOC to a new A functional EOC in a A fully functional and 3/31/2010
location at the City hall annex. new location. centrally located EOC in a
secure facility is essential to
emergency management
activities. The new facility
will provide an elevated,
secure location, built to
current seismic code, from
which emergency operations
can be conducted city-wide.
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
none
Resource Management
Activities and deliverables within the resource management functional area involve methodologies for prompt and
effective identification, acquisition, distribution, tracking and use of personnel and equipment needed for emergency
functions.
Activities Deliverable Performance Measures. Deadline
none
Traininq
Activities and deliverables within the training functional area require that the program maintain a documented training
program for emergency management/response personnel and public officials, including that emergency personnel receive
training on the incident management system of the jurisdiction.
Activities Deliverable Performance. Measures Deadline
none
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