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Home My WebLink About5582ORDINANCE NO. 5 5 8 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO APPROVE ACCEPTANCE AND APPROPRIATION OF GRANT FUNDS IN THE AMOUNT OF TWO THOUSAND DOLLARS ($2,000) FROM THE WASHINGTON STATE MILITARY DEPARTMENT, EMERGENCY MANAGEMENT DIVISION (FUNDING SOURCE FEMA-EMPG-#72316, FUNDING SOURCE AWARD #EMS-2001-GR-3063) FOR THE CITY'S PARTICIPATION IN A KING COUNTY HAZARDOUS MATERIALS RESPONSE EXERCISE WHICH INCLUDES EIGHT HAZARDOUS MATERIALS RESPONSE PROVIDERS AND AUTHORIZING THE EXECUTION OF THE ATTACHED MEMORANDUM AGREEMENT (EM030015) AND SUPPORTING DOCUMENTS. WHEREAS, the Auburn City Council of the City of Auburn must adopt and approve all appropriations by Ordinance pursuant to Chapter 35A.33 RCW; 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 hereby approves the expenditure and appropriation of a total amount of TWO THOUSAND DOLLARS ($2,000) which constitutes funds for participation in a hazardous materials interoperability exercise involving eight (8) King County hazardous materials response providers, to be conducted on September 12, 2001. The exercise will provide HazMat first responders the opportunity for hands on training designed to improve multi jurisdictional HazMat response ----------------------- Ordinance No. 5582 August 28, 2001 Page 1 capabilities through Agreement #M030015, Funding source FEMA-EMPG- #72316, Funding Source Award #EMS-2001-GR-3063. Section 2. The Mayor and City Clerk of the City of Auburn are authorized to execute Memorandum of Agreement (EM030015) with the Auburn Fire Department Hazardous Waste Department for 2001 State and Local Assistance. (Funding source FEMA-EMPG-#72316, Funding Source Award #EMS-2001-GR-3063) with Washington State Military Department for the expenditure and appropriation of said funds. A copy of said Agreement is attached hereto and designated Exhibit "A" and incorporated by reference herein. 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. ----------------------- Ordinance No. 5582 August 28, 2001 Page 2 INTRODUCED: SEPTEMBER 4, 2001 PASSED: SEPTEMBER 4, 2001 APPROVED: SEER 4, 2001 j CHARLES A. BOOTH MAYOR ATTEST: Dani le E. Daskam, City Clerk APPROVED AS TO FORM: i Michael J. Reynolds, City Attorney '1q /a / PUBLISHED. ----------------------- Ordinance No. 5582 August 28, 2001 Page 3 MEMORANDUM OF AGREEMENT Agreement # EM030015 King County Hazardous Materials Providers Interoperability Exercise Washington State Military Department Camp Murray, Building #1, M.S. TA-20 Tacoma, WA 98430-5000 (253) 512-7069 FAX: (253) 512-7207 Re: Mark Ligman Maximum Amount: $2,000 AND Auburn Fire Department. 1101 D St NE Auburn WA 98002-4016 (253) 931-3060 Re: B/C Stan Laatsch Beginning Date: August 15, 2001 Expiration Date: September 30, 2001 INTRODUCTION: The Washington State Military Department, Emergency Management Division (EMD), through its Emergency Management Performance Grant (EMPG) provides funds to increase state and local effectiveness in safely and efficiently handling hazardous materials (HazMat) accidents and incidents, and encourage a comprehensive approach to emergency training and planning. The Year 2001 State and Local Assistance (SLA) grant is providing funds to help offset cost associated with conducting a multi jurisdiction HazMat exercise on September 12, 2001. This exercise will provide King County HazMat first responders the opportunity for hands on training designed to improve multi jurisdictional HazMat response capabilities. (Funding source FEMA-EMPG- #72316, Funding Source Award #EMS-2001-GR-3063) The Contractor Agrees To: 1) Participate in a hazardous materials interoperability exercise involving eight (8) King County hazardous materials response providers, to be conducted on September 12, 2001. 2) Provide a like or in-kind match to the amount expended against this contract up to the maximum amount authorized by this contract. 3) Submit inputs to the King County HazMat Response Providers Operations Board, for the preparation of lessons learned and after action reports. Submit a final signed, approved invoice voucher (state form A-19) to the Military Department within 45 calendar days following the end of the period in which the work was performed. Each invoice will be accompanied by documentation of expenses and the tasks accomplished-to-date and the number of participants that attended. The Department Agrees To: 1) Reimburse the Contractor within 30 days of receipt and approval of a final signed, dated invoice voucher(s) (state form A-19) and documentation of satisfactory completion of tasks-to-date, NUMBER OF PARTICIPANTS, and documentation of costs. This Statement of Work and the General Terms located on page 2, govern the rights and obligations of the parties to this contract. In the event of any ambiguity, this agreement will follow and abide by the standard terms, conditions and assurances as indicated by the funding source identified above. IN WITNESS THEREOF, the parties hereto have executed this agreement on the day and year last specified below. BY: Glen L. Woodbury, Director Date Emergency Management Division Washington State Military Department APPROVED AS TO FORM ONLY: Jonathan McCoy 10/27/00 Assistant Attorney General (signature on file) BY: ?od Signature Date Charles Booth, Mayor City of Auburn T : 91-600122 AP R V C?AVFORM: 14ichael J. Reynolds, City Attorney Ordinance 5582 Exhibit "A" Agreement # EM030015 GENERAL TERMS 1) ADVANCE PAYMENTS PROHIBITED: No payments in advance or in anticipation of services or supplies to be provided under this contract shall be made by the Department. 2) CHANGES AND MODIFICATIONS: Any such changes that are mutually agreed upon by the parties to this contract or grant shall be incorporated herein by written amendment to this agreement. Any oral understanding or agreements not incorporated herein, shall not be binding. 3) 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. The Contractor is required to provide to the Department copies of receipts for any travel related expenses other than meals and mileage that are authorized under this contract. 4) DISPUTES -- Except as otherwise provided in this contract, when a bona fide dispute arises between the parties and it cannot be resolved through discussion and negotiation, either party may request a dispute hearing. The parties shall select a dispute resolution team to resolve the dispute. The team shall consist of a representative appointed by the Department, a representative appointed by the Contractor, and a third party mutually agreed upon by both parties. The team shall attempt, by majority vote, to resolve the dispute. The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial tribunal. 5) HOLD HARMLESS: The Contractor agrees to defend, hold harmless, and indemnify the State of Washington and the Military Department, their officers, agents, employees, and assigns against any and all damages or claims from damages resulting or allegedly resulting from the Contractor's performance or activities hereunder. 6) 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. In the event of a lawsuit involving this contract, venue shall be proper only in Thurston County. The Contractor, by execution of this contract, acknowledges the jurisdiction of the courts of Washington in this matter. 7) TERMINATION 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) 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. 8) LOSS OF FUNDING: In the event funding from state or federal sources is withdrawn, reduced, or limited in any way after the effective date of the agreement, the Military Department may terminate the agreement under the "Termination" clause. Ordinance 5582 Exhibit "A" SIGNATURE AUTHORIZATION FORM WASHINGTON STATE MILITARY DEPARTMENT Camp Murray, Washington 98430-5122 Please read instructions on reverse side before completing this form. NAME OF ORGANIZATION CITY OF AUBURN (Fire Department) DATE SUBMITTED 09/04/01 PROJECT DESCRIPTION HazMat Exercise GUN I hAU I INWIVIDCM EM030015 1. AUTHORIZING AUTHORITY SIGNATURE PRINT OR TYPE NAME TITLE/TERM OF OFFICE --Charles A. Booth Mayor, December 31, 2001 2. AUTHORIZED TO SIGN CONTRACTS/CONTRACT AMENDMENTS SIGNATURE PRINT OR TYPE NAME TITLE Shelley Coleman Finance Director C 1 nn An -.V) ) j V Charles A. Booth Mayor 3. AUTHORIZED TO SIGN REQUESTS FOR REIMBURSEMENT SIGNATURE PRINT OR TYPE NAME Shelley Coleman TITLE Finance Director \\NAC-1\VOL1\H0ME\KARENB\.... \WMIGNAUTH Revised 5/00