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
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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"
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