HomeMy WebLinkAbout5435ORDINANCE NO. 5 4 3 5
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 AN AMOUNT NOT TO EXCEED
TWO THOUSAND DOLLARS, ($2,000.00), AND AUTHORIZING EXECUTION
OF CONTRACT NO. EM010298 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. Purpose. 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 TWO THOUSAND
DOLLARS ($2,000.00), and authorizes the execution of Contract No.
EM010298, 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 1 and is incorporated herein by this reference.
----------------------
Ordinance No. 5435
September 15, 2000
Page 1
Section 2. The City shall use the funds for the purpose of supporting
hazardous materials programs as provided by the Emergency Management
Performance Grant and State and Local Assistance Program pursuant to
Agreement Number EMS -2000 -GR -3033.
Section 3. 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: September 18, 2000
PASSED: September 18, 2000
APPROVED: September 18, 2000
CHARLES A. OOTH
MAYOR
----------------------
Ordinance No. 5435
September 15, 2000
Page 2
ATTEST:
D. nTe I I e E. D.
City Clerk
APPROVED AS TO FORM:
Michael . Reynolds,
City Attorney
Published:
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Ordinance No. 5435
September 15, 2000
Page 3
CONTRACT BETWEEN
WASHINGTON MILITARY DEPARTMENT
AND
AUBURN FIRE DEPARTMENT
Contract Number: EM010298
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 $2,000.00
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, Attachment B, Budget, and Performance and
Financial Summary Report, Attachment C, 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.
EMD: SLA Grant Page 1 of 10 Auburn FD EM010298
HAZMAT: 721-1300HZ (71316) Contract Format as of 3/29/96
EMS -2000 -GR -3033
August 7, 2000
Exhibit "1" to ORD 5435
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 Page 2 of 10 Auburn FD EM010298
HAZMAT: 721-1300HZ (71316) Contract Format as of 3/29/96
EMS -2000 -GR -3033
August 7, 2000
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 accounts in 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 Page 3 of 10 Auburn FD EM010298
HAZMAT: 721-1300HZ (71316) Contract Format as of 3/29/96
EMS -2000 -GR -3033
August 7, 2000
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 sem. (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 Page 4 of 10 Auburn FD EM010298
HAZMAT: 721-1300HZ (71316) Contract Format as of 3/29/96
EMS -2000 -GR -3033
August 7, 2000
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 sir 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 Page 5 of 10 Auburn FD EM010298
HAZMAT: 721-1300HZ (71316) Contract Format as of 3/29/96
EMS -2000 -GR -3033
August 7, 2000
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 Page 6 of 10 Auburn FD EM010298
HAZMAT: 721-1300HZ (71316) Contract Format as of 3/29/96
EMS -2000 -GR -3033
August 7, 2000
21. CONTRACT ADMINISTRATION
a) CONTRACTOR'S representative shall be Batallion Chief 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
Emergency Management Divis
- &4w.... .
Charles Booth, Mayor
City of Auburn
Date:�Date:
APPROVED AS TO FORM:
Kim O'Neil
Assistant Attorney General
Date: 3-29-96
TIN: 91-6001228
CFDA: 83.534
ATTEST:
Lam
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
Michael J. Reynolds,
City Attorney
EMD: SLA Grant Page 7 of 10 Auburn FD EM010298
HAZMAT: 721-1300HZ (71316) Contract Format as of 3/29/96
EMS -2000 -GR -3033
August 7, 2000
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 interoperability exercise
and preparation of lessons learned, after action reports. This exercise will be
conducted on September 9-10 and will involve the eight (8) King county hazardous
Materials response providers. The operations subcommittee, composed of training
representatives from each of the 8 teams will plan and execute exercises at a minimum
of two locations to ensure maximum participation. These exercises will allow teams to
exercise their multi jurisdiction hazmat response capability prior to a full-scale multi
aspect exercise scheduled for October 25, 2000.
EMD: SLA Grant Page 8 of 10 Auburn FD EM010298
HAZMAT: 721-1300HZ (71316) Contract Format as of 3/29/96
EMS -2000 -GR -3033
August 7, 2000
ATTACHMENT B
BUDGET
IFFY 2000
Personnel costs (wages & salaries, to
include overtime, and employee benefits),
categories A & B:
$2,000
EMD: SLA Grant Page 9 of 10 Auburn FD EM010298
HAZMAT: 721-1300HZ (71316) Contract Format as of 3/29/96
EMS -2000 -GR -3033
August 7, 2000
ATTACHMENT C
PERFORMANCE AND FINANCIAL SUMMARY REPORT
FFY 2000 STATE AND LOCAL ASSISTANCE GRANT
The mid -program and final performance reports are due to EMD by August 30, 2000.
and October 15, 2000 respectively:
• The mid -program report should provide a summary of the project to date and a
revised timeline if applicable.
• The final performance report should include a summary of the work completed,
exercise results with any proposed remedial actions documented and captured in a
"lessons learned" format and all contract deliverables such as plans, templates,
studies etc. The reports are to be provided in an electronic format and emailed to
m.ligman@emd.wa.gov .
EMD: SLA Grant Page 10 of 10 Auburn FD EM010298
HAZMAT: 721-1300HZ (71316) Contract Format as of 3/29/96
EMS -2000 -GR -3033
August 7, 2000
FORM STATE OF WASHINGTON
A19 -1A
(Rev. 6/93)
INVOICE VOUCHER
:. -AGENCY NAME,
Washington State Emergency Management Division
Washington Military Department
Budding 20
Camp Murray, Washington 9843()-5122
5 4.
;�; ""'v�DbBDRi�i�+'11E''('i+Varrantisaobe�ayable6o)'::'•
Auburn Fire Department
1101 Dst NE
Auburn, WA 98002
Contact Person: BC Stan Laatsch
253-931-3060
FEDERAL I.D. NO. OR SOCIAL SECURITY NO.
iN W,n DAT6mt, ' �a ' a ° DESCRIPTION
' "QU
Sept. 9, 2000 Overtime pay for two FF's for interagency operational drill with
Seattle Fire
PREPARED BY: BC Stan Laatsch I TELEPHONE NUMBER I DATE
253-931-3060
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UBI NUMBER
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INSTRUCTIONS TO VENDOR OR CLAIMANT: Submit this form to claim
payment for materials, merchandise or services. Show complete detail for
each item.
Vendor's Certificate. I hereby certify under penalty of perjury that the
items and totals listed herein are proper charges for materials, merchandise
or services furnished b the State of Washington, and that all goods
furnished and/or services rendered have been provided without
discrimination on the grounds of race, creed, color, national origin, se& or
age.
BY
NWINK
—O
Chief Russ Vanciver
(nIn (DATE)
PURCHASE ORDER #: EM010298
RECEIVED BY I DATE RECEIVED
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