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HomeMy WebLinkAbout5415ORDINANCE NO. 5 4 1 5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE ACCEPTANCE OF CERTAIN EQUIPMENT FROM KING COUNTY, THE RECIPIENT OF U.S. DEPARTMENT OF JUSTICE MONIES UNDER THE STATE AND LOCAL DOMESTIC PREPAREDNESS EQUIPMENT SUPPORT PROGRAM PROJECT, TO RESPOND TO TERRORIST INCIDENTS INVOLVING WEAPONS OF MASS DESTRUCTION, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE CERTIFICATIONS AND ASSURANCES DOCUMENT AND THE DISTRIBUTION AGREEMENT REQUIRED OF SUB- RECIPIENTS OF EQUIPMENT PURCHASED WITH FEDERAL FUNDS UNDER THE STATE AND LOCAL DOMESTIC PREPAREDNESS EQUIPMENT SUPPORT PROGRAM PROJECT, AWARD NO. 2000-TE-CX- 0003. WHEREAS, the City Council of the City of Auburn must adopt and approve all appropriations in the form of property items received through federally funded grant programs implemented as a state program project pursuant to Chapter 35A.33 RCW and RCW 35A.11.040; and WHEREAS, King County was awarded $300,000.00 by the U.S. Department of Justice under the State and Local Domestic Preparedness Equipment Support Program Project; and WHEREAS, King County Office of Emergency Management has been designated Grant Manager for the Local Domestic Preparedness Equipment Support Program Project; and Ordinance No. 5415 June 26, 1999 Page 1 WHEREAS, King County is distributing equipment for use by law enforcement, fire and medical services for use in responding to a terrorist incident involving weapons of mass destruction; and WHEREAS, King County made certain assurances to the U.S. Department of Justice in the grant application; and WHEREAS, some of the assurances must flow down to local jurisdictions, specifically, non-discrimination and lobbying requirements as required in the Certifications and Assurances document; and WHEREAS, federal funding places property management responsibility on King County and its subrecipients as provided in Attachment 1 to the Distribution Agreement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Pursuant to Chapter 35A.33 RCW and Section 35A.11.040 RCW, the City Council hereby approves the acceptance of the equipment distributed to the City of Auburn by King County pursuant to a grant in the amount of $300,000.00 awarded to King County by the U.S. Department of Justice under the State and Local Domestic Preparedness Equipment Support Program Project which will provide law enforcement, fire and emergency medical services with the proper equipment to respond to terrorist incidents Ordinance No. 5415 June 26, 1999 Page 2 involving weapons of mass destruction and authorizes the execution of the Certifications and Assurances document and the Distribution Agreement between King County and the City of Auburn. A copy of the Certifications and Assurances document is attached hereto as Exhibit "A" and is incorporated herein by this reference. A copy of the list of Equipment Distributed from King County to the City of Auburn and the Distribution Agreement, including Attachment 1 thereto, are attached hereto as Exhibit "B" and are incorporated herein by this reference. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 3. This Ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication, as provided by law. INTRODUCED: July 5, 2000 PASSED: July 5, 2000 APPROVED: July 5, 2000 Od CHARLES A. BOOTH MAYOR Ordinance No. 5415 June 26, 1999 Page 3 ATTEST: Danielle E. Daskam City Clerk APPROVED AS TO FORM: z jz ? Michael J. Reynolds City Attorney Published: Od.1 Ordinance No. 5415 June 26, 1999 Page 4 (i) King County Office of Emergency Management Emergency Management Division Department of Information and Administrative Services 7300 Perimeter Road South, Room 128 Seattle, WA 98108-3848 (206) 296-3830 June 23, 2000 The Honorable Charles A. Booth Mayor City of Auburn 25 West Main Street Auburn, Washington 98002 Dear Sir: On December 21, 1999 King County was awarded $300,000.00 by the U.S. Department of Justice under the State and Local Domestic Preparedness Equipment Support Program Project. King County Office of Emergency Management (OEM), has been designated Grant Manager for this project, and has been working closely with the response community to effectively make use of this resource. The purpose of the grant funding was to purchase and distribute personal protective, chemical, biological, and radiological detection, and decontamination equipment to local response agencies. This equipment will provide law enforcement, fire and emergency medical services with the proper equipment to respond to terrorist incidents involving Weapons of Mass Destruction (WMD). Realistically, successful response to a terrorist incident may require mutual aid resources from all WMD equipment recipient agencies in King County. This equipment is considered part of the mutual aid resources available under the mutual aid agreements already in place among law enforcement, fire, EMS, and hazardous materials service providers. King County is pleased to distribute the items described in the enclosed list to your jurisdiction. The decisions on WMD equipment types and distribution were made by a multi-disciplinary team composed of representatives of King County's police and fire chiefs associations, hazardous materials response team providers, emergency medical services (EMS), and the Seattle Office of the Federal Bureau of Investigation (FBI). Population, geography, potential targets and hazardous materials response capabilities were included in the decision making process. As a recipient of federal funding, King County made certain assurances to the U.S. Department of Justice in the grant application. Some of the assurances must flow down to your jurisdiction as well. Specifically, non-discrimination and lobbying requirements require certifications by Ordinance 5415 ,£t"A" sub-recipients of the funding under this grant. The required certifications are enclosed with this letter (pages 4-5). The federal funding also places property management responsibility on King County and its subrecipients. A copy of the minimum requirements for property management is also included with this letter (Attachment 1). Finally, King County is acting as a pass through agency for the purchase and distribution of the equipment purchased with the grant funds. Once the equipment is delivered to your jurisdiction or agency, it becomes your responsibility for maintenance and storage. Although Congress has appropriated significant funding for this type of equipment, this grant does not mandate that your jurisdiction, purchase replacement equipment. Enclosed is a document (page 3) that lists the equipment that will be transferred to your jurisdiction. Where documents require signatures, (pages 5 and 7), please sign and return to me at King County OEM, 7300 Perimeter Road South, Seattle, WA 98108-3848. Thank you for your attention to these details. Please call me at 206-205-8106 if you have questions. Sincerely, S adric T. u fcham Grant Administrator Attachment cc: Robert Johnson, Chief, City of Auburn Fire Department ordinance 5415 2 T'•2i1bit "All Page 2 Name of Jurisdiction or Agency: City of Auburn _ Contact Person: Fire Chief Robert Johnson WMD 99 EQUIPMENT DISTRIBUTED FROM KING COUNTY TO (City of Auburn) EQUIPMENT QUANTITY Level A Suits 4 ea. Savox In-Suit Communications System Photo-Ionization Detector (PPM) Photo-Ionization Detector (PPB) Sampling Kit CDS Dragger Chemical Detection Kit Tubes CMS Dragger Chemical Detection Kit CMS Extra Chips (5) CMS Training Chips MPG Dosimeters w/alarm Ordinance 5415 3 E? t "A" Page 3 4 ea. 1 ea. 1 ea. 1 ea. 2 ea. 1 ea. 5 ea. 6 ea. 4 ea. CERTIFICATIONS AND ASSURANCES As a sub-recipient of equipment purchased with federal funds under the STATE AND LOCAL DOMESTIC PREPAREDNESS EQUIPMENT SUPPORT PROGRAM project, Award Number 2000-TE-CX-0003, (City of Auburn) makes the following certifications and assurances: 1. OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968: It will comply with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1; and all other applicable Federal laws, orders, circulars, or regulations. 2. CIVIL RIGHTS: It will comply with the nondiscrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non- Discrimination Regulations, 28 CFR Part 42, Subparts C,D, E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39. 3. LOBBYING: (Required for funding over $100,000) As required by Section 1352 of the U.S. Code, and implemented at 28 CFR Part 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR Part 69, the applicant certifies that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement; (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. ?Ordi:nance 5415 - 4 DILL 11 it "A" Page 4 (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all sub-reci ients shall certify and disclose accordingly. f? . Authorized Signature Mayor Title City of Auburn July 6, 2000 Date a to rm Michael J. lbbynolds Cit.yr'.Attorney Ordinance. 5415 Fxhibt ..A„ Page 5 DISTRIBUTION AGREEMENT This Contract is entered into by KING COUNTY (County) and City of Auburn (Agency), whose address is 25 West Main Street, Auburn WA 98002. The County is undertaking certain activities related to the STATE AND LOCAL DOMESTIC PREPAREDNESS EQUIPMENT SUPPORT PROGRAM Project as funded by the U.S. Department of Justice under Grant Award Number 2000-TE-CX-0003. Under the terms and conditions of Grant Award Number 2000-TE-CX-0003, the County will be distributing specialized emergency response equipment to the City of Auburn. The distribution of the equipment is subject to the following terms and conditions. 1. The Equipment delivered to Agency is as described in the enclosed attachment. 2. The Equipment delivered to Agency is accepted "as is" by the Agency with the understanding that King County disclaims all warranties for the delivered equipment. Should the equipment not perform as specified by the vendor, King County will provide all warranty repair information to Agency. 3. The Agency is responsible for all training related to the proper use, care and maintenance of the delivered equipment. 4. The County assumes no responsibility for the use, care or maintenance of the delivered equipment by Agency. Agency shall protect, defend, indemnify and save harmless the County, its officers, employees and agents from any and all costs, claims, judgments and/or awards of damages, arising out of or in any way resulting from the negligent acts or omissions of the Agency, its officers, employees, and/or agents. The Agency agrees that its obligations under this subparagraph extend to any claim, demand, and/or cause of action brought by or on behalf of any of its employees, or agents. For this purpose, the Agency, by mutual negotiation, hereby waives, as aspects the County only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. In the event the County incurs attorney fees and/or costs in the defense of claims, for damages within the scope of this section, such fees and costs shall be recoverable from the Agency. In addition County shall be entitled to recover from the Agency, fees, and costs incurred to enforce the provisions of this section. Claims shall include, but not be limited to, assertions that the use or transfer of any software, book, document, report, film, tape, or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, and/or otherwise results in unfair trade practice. ordinance 5415 ?it "All 6 Page 6 1. Agency shall comply with the equipment management requirements of Grant Award Number 2000-TE-CX-0003, (Attachment 1 pages 49-50 of US Department of Justice "Financial Guide" Part III, Chapter 6 dated April, 1996) copy attached an incorporated by reference as i lly stated herein. Q,6k (Z L?k A thorized Signature Authorized Signature Mayor Title Title City of Auburn (Agency) July 6, 2000 Date King County Date ed a to rm : Michael J. ynolds City Attorney Ordinance 5415 Exhibit - "All Page 7 7 (2) The recipient or subrecipient shall also make equipment available for use on other projects or programs currently or previously supported by the Federal government, providing such use does not interfere with the work on the projects or programs for which it was originally acquired. First preference for other use shall be- given to other programs or projects supported by the awarding agency. User fees should be considered and treated as program income to the project, if appropriate. (3) Notwithstanding program income, the recipient or subrecipient shall not use equipment acquired with funds to provide services for a fee to compete unfairly with private companies that provide equivalent services, unless specifically permitted or contemplated by Federal statute. (4) When acquiring replacement equipment, recipients or subrecipients may use the equipment to be replaced as a trade-in or sell the equipment and use the proceeds to offset the cost of the replacement equipment subject to the written approval of the awarding agency. 3. Management. a. A State shall manage equipment acquired under an award by the State, in accordance with State laws and procedures. b. Other government recipient and subrecipient procedures for managing .equipment (including replacement), whether acquired in whole or in part with project funds, will, at a minimum, meet the following requirements: (1) Property records must be maintained which include: (a) Description of the property; (b) Serial number or other identification number; (c) Source of the property; (d) Identification of who holds the title; - (e) Acquisition date; (fl Cost of the property; (g) Percentage of Federal participation in the cost of the property; (h) Location of property; (i) Use and condition of the property; and (j) Disposition data including the date of disposal and sale price. Ordinance 5415 Fsrhi hi } "W1 d4 (2) A physical- inventory of the property must be taken and the results reconciled with the property records at least once every two years. (3) A control system must exist to ensure adequate safeguards to prevent: '', (a) Loss; (b) Damage; or (c) Theft of the property. Any loss, damage, or theft shall be investigated by the recipient and subrecipient, as appropriate. (4) Adequate maintenance procedures must exist to keep the property in good condition. (5) If the recipient or subrecipient is authorized or required to sell the property, proper sales procedures must be established to ensure the highest possible return. 4. Disposition. a. A State recipient shall dispose of its equipment acquired under the. award in accordance with State laws and procedures. b. Other government recipients and subrecipients shall dispose of the equipment when original or replacement equipment acquired under the award or subaward 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: (1) Items with a current per unit fair market value of less than $5,000 may be retained, sold, or otherwise disposed of with no further obligation to the awarding agency. (2) Items with a current per unit fair market value in excess of $5,000 may be retained or sold and the awarding agency shall have a right to an amount calculated by multiplying the current market value or proceeds from sale by the awarding agency's share of the equipment. Seller is also eligible for sale costs. (3) In cases where a recipient or subrecipient fails to take appropriate disposition actions, the awarding agency may direct the recipient or subrecipient to take other disposition actions. ordinance 5415 13xhibit "B" Page 2