Loading...
HomeMy WebLinkAbout5419 ORDINANCE NO. 5 4 19 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, APPROVING ACCEPTANCE OF GRANT FUNDS FROM THE STATE OF WASHINGTON MILITARY DEPARTMENT, EMERGENCY MANAGEMENT DIVISION, IN THE AMOUNT OF ONE THOUSAND FIVE HUNDRED AND 00/100 DOLLARS, ($1,500.00), AND AUTHORIZING EXECUTION OF CONTRACT NO. EM010288 APPROVING THE EXPENDITURE AND APPROPRIATION OF SAID GRANT FUNDS. WHEREAS, the Auburn City Council of the City of Auburn must adopt and approve all appropriations by Ordinance pursuant to Chapter 35A.33 RCW; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Purl~ose. Pursuant to Chapter 35A.33 RCW the City Council hereby approves the expenditure and appropriation of Washington State Military Department grant funds in the amount of ONE THOUSAND FIVE HUNDRED and 00/100 DOLLARS ($1,500.00), and authorizes the exei:ution of Contract No. EM010288, between the State of Washington Military Department, Emergency Management Division and the City of Auburn. A copy of said Contract is attached hereto as Exhibit "A" and is incorporated herein by reference. Ordinance No. 5419 June 28, 2000 Page 1 Section 2. The City shall use the funds for the purpose of supporting hazardous materials programs as provided by the Comprehensive Environmental Response, Comprehensive and Liability Act (CERCLA).. Section3. Implementation The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 4. Effective date. 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: 5o3.y 5, 2000 PASSED: Ju3.:y 5, 2000 APPROVED: Jtz.l.~, 5, 2000 CHARLES A. BOOTH MAYOR O~inanceNo. 5419 June 28, 2000 Page 2 ATTEST: Danielle E. Daskam, City Clerk APPROVEDASTO FORM: Michael J. Reynolds, City Attorney Published: Ordinance No. 5419 June 28, 2000 Page 3 CONTRACT BETWEEN WASHINGTON MILITARY DEPARTMENT AND AUBURN FIRE DEPARTMENT Contract Number: EM010288 This CONTRACT, entered into by Auburn Fire Department (hereinafter referred to as the CONTRACTOR) and Washington Military Department (hereinafter referred to as the DEPARTMENT), WITNESSES THAT: The DEPARTMENT desires to engage the CONTRACTOR to perform certain tasks as hereinafter agreed upon by both parties. NOW, THEREFORE, in consideration of covenants, conditions, performances, and promises hereinafter contained, the parties hereto agree as follows: 1. FUNDING a) The total funds to be reimbursed to the CONTRACTOR for the contract period shall be a sum not to exceed $1,500. b) The funds are provided by the Federal Emergency Management Agency solely for the purpose of supporting hazardous materials programs as provided by the Emergency Management Performance Grant and State and Local Assistance Program hereinafter referred to as SLA. Funds are provided under Agreement Number EMS-2000-GR-3033. This contract is contingent upon the receipt of federal funds awarded for this purpose. 2. SERVICE PROVISIONS a) The CONTRACTOR shall use the funds solely for the purpose described in the Statement of Work and Budget portions of the CONTRACTOR's request for funding, as approved by the DEPARTMENT. To comply with federal reporting requirements the CONTRACTOR shall provide the DEPARTMENT with the Performance and Financial Summary Report no later than November 13,. 2000. b) Attachment A, Scope of Work and Attachment B, Budget, are by reference, incorporated into this contract. 3. CONTRACT PERIOD The effective date of this contract shall be when all parties have signed this contract. The termination date of this contract shall be September 30, 2000. Orclinance 5419 Exhibit "A'~',' EMD: SLA Grant EMS-2000-GR-3033 Page 1 of 9 Auburn FD EM010288 HAZMAT: 721-1300HZ (71316) Contract Format as of 3/29/96 6/23/00 4. REIMBURSEMENT PROVISIONS The CONTRACTOR shall mail a Washington State Invoice Voucher to the DEPARTMENT within forty-five (45) days after completion of work indicating the type of services rendered during the period covered by the voucher. Within twenty (20) days after receiving and approving the voucher, the DEPARTMENT shall remit to the CONTRACTOR a warrant covering the cost of the prior agreed upon activities. The final voucher must be submitted to the DEPARTMENT prior to November '15, 2000. 5. AUDIT REQUIREMENTS Contractors are to procure audit services based on the following guidelines: Contractors receiving less than $25,000 in federal funds in a fiscal year or less than $75,000 in state funds in a fiscal year, are exempt from compliance with the Single Audit Act or other audit requirements. However, records must be available for review by the Department. Contractors receiving $25,000 to $300,000 in total federal funds in a fiscal year may choose to have an audit made in accordance with Office of Management and Budget's (OMB) Circular A -128, OMB Circular A -133 in the case of Institutions of Higher Education and Other Nonprofit organizations, or a program audit. Contractors receiving $75,000 or more in total state funds in a fiscal year may choose to have a financial audit as defined by Government Auditing Standards (The Revised Yellow Book), or a single audit made in accordance with OMB Circular A-128 or A-133. Contractors receiving $300,000 or more in a fiscal year in total federal funds are to have a Single Audit made in accordance with OMB Circular A-128, or OMB Circular A-133 in the case of Institutions of Higher Education or Other Nonprofit Organizations. As applicable, Contractors required to have an audit must ensure the audits are performed in accordance with Generally Accepted Accounting Principles; Government Auditing Standards (The Revised Yellow Book) developed by the Comptroller General, dated July 1988; the OMB Compliance Supplement for Single Audits of State and Local Governments, and the Compliance Supplement for Single Audits of Educational Institutions and Other Nonprofit Organizations; OMB Circular A-133 Audits of Institutions of Higher Education and Other Nonprofit Organizations; and all state and federal law and regulations governing the program. The audit of the Contractor's program shall be conducted by the Office of the State Auditor if the Contractor is a state or local government entity, or an independent Certified Public Accounting firm selected by the Contractor if the Contractor is not a state or local government entity. EMD: SLA Grant EMS-2000-GR-3033 Page 2 of 9 Auburn FD EM010288 HAZMAT: 721-1300HZ (71316) Contract Format as of 3/29/96 6/23/00 The Contractor must prepare a Schedule of Financial Assistance for federal and state funds that includes: grantor name, program name, federal catalog (CFDA) number, grantor contract number, total award amount, beginning balance, current year revenues, current year expenditures and ending balance. The Contractor shall maintain its record and accountsin such a way as to facilitate the Department's audit requirements, and ensure that Subcontractors also maintain records which are auditable. The Contractor is responsible for any audit exceptions incurred by its own organization or that of its Subcontractors. The Department reserves the right to recover from the contractor disallowed costs resulting from the final audit. The Contractor is responsible for sending the audit report to the Department Internal Audit Manager as soon as it is available, but no later than thirteen months after the end of the Contractor's fiscal year. Responses to previous management findings and disallowed or questioned costs shall be included with the audit report. The Contractor will respond to Department requests for information or corrective action concerning audit issues within 30 days of the date of request. The Contractor shall include these requirements in any subcontracts. 6. RECAPTURE PROVISIONS In the event that the CONTRACTOR fails to expend funds under this contract in accordance with state laws and/or the provisions of this contract, the DEPARTMENT reserves the right to recapture state funds in an amount equivalent to the extent of the noncompliance. Such right of recapture shall exist for a period not to exceed six years following contract termination or audit resolution, whichever is later. Repayment by the CONTRACTOR of funds under this recapture provision shall occur within 30 days of demand. In the event that the DEPARTMENT is required to institute legal proceedings to enforce the recapture provision, the DEPARTMENT shall be entitled to its costs thereof, including reasonable attorney's fees. 7. EVALUATION AND MONITORING a) The CONTRACTOR shall cooperate with and freely participate in any monitoring or evaluation activities conducted by the DEPARTMENT that are pertinent to the intent of this contract. b) The DEPARTMENT or the State Auditor or any of their representatives shall have full access to and the right to examine during normal business hours and as often as the DEPARTMENT or the State Auditor may deem necessary, all of the CONTRACTOR'S records with respect to all matters covered in this contract. Such representatives shall be permitted to audit, examine, and make excerpts or transcripts from such records and to make audits of all contracts, invoices, materials, payrolls, and records of matters covered by this contract. Such rights last for three years from the date final payment is made hereunder. EMD: SLA Grant EMS-2000-GR-3033 Page 3 of 9 Auburn FD EM010288 HAZMAT: 721-1300HZ (71316) Contract Format as of 3/29/96 6/23/00 8. NONDISCRIMINATION PROVISION a) There shall be no discrimination against any employee who is paid by the funds indicated in the contract or against any applicant for such employment because of race, color, religion, handicap, marital status, political affiliation, sex, age, or national origin. This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, lay-off or termination, rates of pay or other forms of compensation, and selection for training. b) ADA COMPLIANCE The CONTRACTOR agrees to comply with the Americans with Disabilities Act of 1990, 42 U.S.C. 12101 et seq. (ADA), and its implementing regulations. The ADA provides comprehensive civil rights to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunications. 9. CONTRACT MODIFICATIONS The DEPARTMENT and the CONTRACTOR may, from time to time, request changes in services to be performed with the funds. 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. 10. TERMINATION OF CONTRACT a) If, through any cause, the CONTRACTOR shall fail to fulfill in a timely and proper manner its obligations under this contract or if the CONTRACTOR shall violate any of its covenants, agreements, or stipulations of this contract, the DEPARTMENT shall thereupon have the right to terminate this contract and withhold the remaining allocation if such default or violation is not corrected within thirty (30) days after submitting written notice to the CONTRACTOR describing such default or violation. b) Notwithstanding any provisions of this contract, either party may terminate this contract by providing written notice of such termination, specifying the effective date thereof, at least thirty (30) days prior to such date. c) Reimbursement for CONTRACTOR services performed, and not otherwise paid for by the DEPARTMENT prior to the effective date of such termination, shall be as the DEPARTMENT reasonably determines. d) The Department may unilaterally terminate all or part of this contract, or may reduce its scope of work and budget, if there is a reduction in funds by the source of those funds, and if such funds are the basis for this contract. EMD: SLA Grant EMS-2000-GR-3033 Page 4 of 9 Auburn FD EM010288 HAZMAT: 721-1300HZ (71316) Contract Format as of 3/29/96 6/23/00 11. CONTRACTOR NOT EMPLOYEE OF AGENCY The CONTRACTOR, his/her employees or agents performing under this contract are not deemed to be employees of the DEPARTMENT nor as agents of the DEPARTMENT in any manner whatsoever. The CONTRACTOR will not hold himself/herself out as nor claim to be an officer or employee of the DEPARTMENT or of the State of Washington by reason hereof and will not make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of the DEPARTMENT or of the State of Washington. 12. RECORDS, DOCUMENTS, AND REPORTS The CONTRACTOR shall maintain books, records, documents, and other evidence and accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this contract. These records shall be subject at all reasonable times to inspection, review, or audit by DEPARTMENT personnel and other personnel duly authorized by the DEPARTMENT or the Office of the State Auditor. The CONTRACTOR will retain all books, records, documents, and other material relevant to this contract for three years after expiration and the Office of the State Auditor, or any persons duly authorized by the DEPARTMENT shall have full access to and the right to examine any of said materials during said period. 13. TRAVEL AND SUBSISTENCE REIMBURSEMENT In the absence of provisions included herein, travel expenses shall be paid in accordance with rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or amended. 14. SPECIAL PROVISION The DEPARTMENT'S failure to insist upon the strict performance of any provision of this contract or to exercise any right based upon a breach thereof or the acceptance of any performance during such breach, shall not constitute a waiver of any right under this contract. 15. HOLD HARMLESS The CONTRACTOR shall hold and save the DEPARTMENT, its officers, agents, and employees, harmless from liability including costs and expenses for or on account of any or all suits or damages of any character whatsoever resulting from injuries or damages sustained by any person or persons or. property by virtue of performance .of this agreement, when such liability arises out of intentional or willful misconduct or gross negligence or bad faith on the part of the CONTRACTOR, its officers, agents, and employees. EMD: SLA Grant EMS-2000-GR-3033 Page 5 of 9 Auburn FD EM010288 HAZMAT: 721-1300HZ (71316) Contract Format as of 3/29/96 6/23/00 16. 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. '17.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. '18. CERTIFICATION REGARDING DEBARMENT SUSPENSION OR INELIGIBILITY If federal funds are the basis for this contract, the CONTRACTOR certifies that neither it nor its principals are presently debarred, declared ineligible, or voluntarily excluded from participation in transactions by any federal department or agency. 19. SEVERABILITY In the event any term or condition of this contract or application thereof 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. 20. ENTIRE AGREEMENT This agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this agreement shall be deemed to exist or to bind any of the parties hereto. EMD: SLA Grant EMS-2000-GR-3033 Page 6 of 9 Auburn FD EM010288 HAZMAT: 721-1300HZ (71316) Contract Format as of 3/29/96 6/23/00 21. CONTRACT ADMINISTRATION a) CONTRACTOR'S representative shall be BIC Stan Laatsch b) DEPARTMENT'S representative shall be Mark Ligman. IN WITNESS WHEREOF, the DEPARTMENT and CONTRACTOR have executed this contract as of the date and year written below. Glen L. Woodbury Director Department Emergency Management Division Date: 7~7///~ r__,9 Date: ~ ' TIN: 91-6001228 CFDA: 83.534 APPROVED AS TO FORM: City of Auburn Kim O'NeH 25 w. Main Assistant Attorney Genera~ ~burn, ~A 98001 Date: 3-29-96 .~oved ac to ~:m: -MicrhaeT~ City Attorney EMD: SLA Grant EMS-2000-GR-3033 Page 7 of 9 Auburn FD EM010288 HAZMAT: 721-1300HZ (71316) Contract Format as of 3/29/96 6/23/00 ATTACHMENT A SCOPE OF WORK FFY 2000 Contract will fund goods and services, and responder team personnel salary and benefits, to include overtime pay, associated with the planning, preparation and participation in a regional response hazardous materials team exercise. EMD: SLA Grant EMS-2000-GR-3033 Page 8 of 9 Auburn FD EM010288 HAZMAT: 721 - 1300HZ (71316) Contract Format as of 3/29/96 6/23/00 ATTACHMENT B BUDGET FFY 2000 Personnel costs (wages &salaries, to $'1,500 include overtime, and employee benefits), categories A & B: EMD: SLA Grant EMS-2000-GR-3033 Page 9 of 9 Auburn FD EM010288 HAZMAT: 721-1300HZ (71316) Contract Format as of 3/29/96 6/23/00