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ORDINANCE NO. 4 3 3 2
AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, APPROVING AN
APPROPRIATION NOT TO EXCEED $53,795, AND AUTHORIZING THE
MAYOR TO EXECUTE NARCOTICS CONTROL GRANT CONTRACT NO. 1-88-
26001 AND AMENDMENT I BETWEEN THE CITY AND THE STATE OF
WASHINGTON DEPARTMENT OF COMMUNITY DEVELOPMENT, LOCAL
GOVERNMENT ASSISTANCE DIVISION.
WHEREAS, the City Council of the City of Auburn must
adopt -and approve all appropriations by ordinance pursuant
to Chapter 35A RCW;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Pursuant to Chapter 35A.33 RCW, the City
hereby approves the expenditure and appropriation of a
maximum of $53,795, which constitutes a Narcotics Control
Grant pursuant to Contract No.1-88-26001, and Amendment I,
between the City and the State of Washington Department of
Community Development, Local Government Assistance Division.
Section 2. The Mayor and City Clerk of the City of
Auburn are authorized to execute the Narcotics Control Grant
Contract No. 1-88-26001, and Amendment I, which will provide
grant funding to the City of Auburn for use by the regional
drug task force for drug law enforcement. A copy of said
contract and Amendment I is attached hereto, designated as
-------------------
Ordinance No. 4332
Page 1
March 13, 1989
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Exhibit "A" and is incorporated by reference in this
ordinance.
Section 3. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
out the directions of this legislation.
Section 4. This ordinance shall be in force and take
effect five (5) days from and after its passage, approval
and publication, as provided by law.
INTRODUCED: MARCH 20, 1989
PASSED:
MARCH 20, 1989
APPROVED: MARCH 20, 1989
ATTEST:
Lik�
Robin Wohlhueter, City Clerk
-------------------
Ordinance No. 4332
Page 2
March 13, 1989
M A Y 4 R
1 APPROVED AS TO FORM:
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Margue ite Schellentrager, City Attorney
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PUBLISHED: MARCH 29, 1989
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26 Ordinance No. 4332
Page 3
March 13, 1989
STATE OF WASHINGTON
DEPARTMENT OF COMMUNITY DEVELOPMENT
First AMENDMENT to CONTRACT NUMBER 1-87-26001
This CONTRACT AMENDMENT, entered into by and between the City of
Auburn (hereinafter referred to as the CONTRACTOR) and the
Washington State Department of Community Development
(hereinafter called DCD), WITNESSES THAT:
The CONTRACTOR and DCD desire to modify the original
CONTRACT.
NOW, THEREFORE, the parties hereto agree to amend the following
section of the original CONTRACT.
Contract 'Period
The termination date of this agreement shall be March 31,
1989.
This CONTRACT AMENDMENT shall be read in conjunction with the
original CONTRACT. Each and every provision of the original
CONTRACT shall remain in full force and effect except as amended
herein.
IN WITNESS HEREOF, the CONTRACTOR and DCD have executed this
CONTRACT AMENDMENT as of the date and year 1 t written below.
Chuck Clarke, Director Contractor
Dept. of Community Development
Date
Approved as to form:
9AJ44.1--
As� tant A orney General
Date
Date
DEPARTMENT OF COMMUNITY DEVELOPMENT
Ninth & Columbia Building
Mail Stop GH-51
Olympia, WA 98504-4151
L/
SIGNATURE AUTHORIZATION-.
CITY OF AUBURN
CITY OF AUBURN NARCOTICS TASK FORCE
09 JANUARY 1989
1-88-26001
AUT
RIZED TO SIGN APPLICATIONS/REVISED APPLICATIONS
(GNATURE
PRINT OR TYPE NAME
TITLE
BOB ROEGNER
MAYOR
/
PATRICK L. DUGAN
FINANCE DIRECTOR
AUTHORIZED TO SIGN CONTRACTS/CONTRACT MODIFICATIONS
GNATURE
PRINT OR TYPE NAME
TITLE
BOB ROEGNER
MAYOR
i
PATRICK L. DUGAN
FINANCE DIRECTOR
AUTHORIZED TO SIGN VOUCHERS
GNATURE
PRINT OR TYPE NAME
TITLE
BOB ROEGNER
MAYOR
PATRICK L. DUGAN
FINANCE DIRECTOR
AUTHORIZING AUTHORITY
SIGNATU_RE
PRINT OR TYPE NAME
TITLE
BOB ROEGNER
MAYOR
PATRICK L. DUGAN
FINANCE DIRECTOR
DCD-1334• (11/87) l__: .8?ua
b) At any time during or for the duration of this
contract, the CONTRACTOR shall cooperate with and
freely participate with the DEPARTMENT in the
development of a statewide comprehensive data system
related to drug abuse and drug law enforcement
activities, including a uniform data reporting system.
c) 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 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.
8. NONDISCRIMINATION PROVISION
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.
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 twenty (20) 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.
11. ACQUISITION AND DISTRIBUTION OF PROPERTY AND EQUIPMENT
All property, equipment, or other assets purchased
partially or wholely with funds provided by this grant
shall be considered the property of the task force as
identified in ATTACHMENT A: STATEMENT OF WORK and shall
remain the property of the task force until it is
disbanded. In the event that the task force is disbanded,
such property shall be distributed in such a manner as to
provide for an equitable disposition among the parties to
the task force as mutually agreed to by each party. In the
event that only one party terminates its participation in
the task force, the property shall remain the property of
the task force until it is disbanded.
12. 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.
13. HOLD HARMLESS
The CONTRACTOR'S relation to the DEPARTMENT and the state of
Washington shall be at all times as an independent
contractor.
Each party hereto agrees to be responsible and assume
liability for its own wrongful and negligent acts or
omissions, or those of its officers, agents, or employees to
the fullest extent required by law, and agrees to save,
indemnify, defend and hold the other parties harmless from
any such liability. In the case of negligence of more than
one party, any damages allowed shall be levied in proportion
to the percentage of negligence attributable to each party;
and each party shall have the right to seek contribution
from each of the other parties in proportion to the
percentage of negligence attributable to each of the other
parties.
14. DISPUTES
Except as otherwise provided in this agreement, any
dispute concerning a question of fact arising under
this agreement that is not disposed of by contract
shall be decided by the DEPARTMENT, which shall produce
its decision in writing and mail, or otherwise furnish
A copy thereof, to the GRANTEE. The decision of the
DEPARTMENT shall be final and conclusive.
This "Disputes" clause does not preclude the
consideration of questions of law in connection with
the decision provided for in the preceding paragraph
provided that nothing in this contract shall be
construed as making final the decisions of any
administrative official, representative, or board on a
question of law.
15. GOVERNING LAW AND VENUE
This contract shall be construed and enforce 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.
16. SEVERABILITY
In the event any term or condition of this contract or
application thereof to any person or circumstances in 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.
17. CONTRACT ADMINISTRATION
a) The CONTRACTOR shall administer this contract in
accordance with the specific legislation, regulations,
and policies applicable to the Anti -Drug Abuse Act of
1986, Title I, Subtitle K, the State and Local law
Enforcement Assistance Act (Public Law 99-570).
4b) CONTRACTOR'S representative shall be
F.?Y q�i CgvfQ:n ff�d�rK P�.ce l��Pt
c) DEPARTMENT'S representative shall be
Nick Turnbull.
ATTACHMENT A: STATEMENT OF WORK
City of Auburn Narcotics Task Force
The members of the task force shall formally structure and
jointly coordinate selected law enforcement activities,
resources, and functions in order to disrupt illegal drug
trafficking systems and to remove traffickers through a
cooperative program of investigation, prosecution, conviction,
and asset forfeiture. The task force shall be a part of the
state of Washington's Narcotics Control Program. Critical
elements of the task force work program shall include the
following:
1. Continuation of a two -county, multijurisdictional task
force composed of the following:
o Task Force Supervisor
o Three Officers
o One half-time Deputy Prosecuting Attorney
o One Secretary
2. Continuation of the task force strategy consistent
with the task force proposal submitted by the City of
Auburn to the DEPARTMENT as part of the task force
grant application. A task force executive and
advisory board consisting of representatives of member
agencies shall have the responsibility for setting the
policies and goals of the task force operation and to
review activities. The board shall meet periodically,
but not less than quarterly.
3. Continuation of the task force operation, which shall
achieve the following:
o Impact the level of drug trafficking and
consumption in the South King County area.
o Target mid- and upper -level cocaine dealers
and organized marijuana growing operations;
o Increase citizen awareness of illicit drug
use activity;
o Continue developing functioning network
arrangements with other law enforcement
agencies;
o Enhance the internal effectiveness of task
force operations by allotting more detective
time to investigative work;
o Be responsive to citizen reports through -
better management of information and use of
computerization;
o Develop cases that are sufficiently
substantiated to result in successful court
outcomes;
o Seize and forfeit assets related to drug
trafficking.
ATTACHMENT B: PROJECT BUDGET
Budget
City of
Category
Auburn Narcotics
Local
Task Force
Federal
Total
1.
Personnel
$
18,358
$
42,879
$
61,237
2.
Equipment
$
-0-
$
4,037
$
4,037
3.
Facilities
$
-0-
$
1,125
$
1,125
4.
Training
$
-0-
$
473
$
473
5.
Supplies
$
-0-
$
531
$
531
6.
Operating Expenses
$
-0-
$
750
$
750
7.
Confidential Funds
$
-0-
$
4,000
$
4,000
TOTAL
$
18,358
$
53,795
$
72,153
8. The Contractors assures that it will comply with the
provisions of the Office of Justice Programs' "Financial and
Administrative Guide for Grants," M7100.1C.
9. The Contractor assures that it will comply with the
provisions of 28 CFR applicable to grants and cooperative
agreements, including Part II, Applicability of Office of
Management and Budget Circulars; Part 18, Administrative
Review Procedures; Part 20, Criminal Justice Information
Systems; Part 22, Confidentiality of Identifiable Research
and Statistical Information; Part 23, Criminal Intelligence
Systems Operating Policies; Part 30, Intergovernmental
Review of Department of Justice Programs and Activities;
Part 42, Nondiscrimination Equal Employment Opportunity
Policies and Procedures; Part 61, Procedures for
Implementing the National Environmental Policy Act; and
Part 63, Floodplain Management and Wetland Protection
Procedures.
10. The Contractor assures that it will comply with Executive
Order 12372, regarding intergovernmental review of federal
programs through the Washington Intergovernmental Review
Process (WIRP).
11. The Contractor assures that it has entered into an
Interagency Agreement with all agencies participating in the
Task Force project. The Interagency Agreement shall specify
the purpose of the Task Force, the organizational structure,
the roles of each jurisdictions, the terms and conditions of
programmatic and financial participation, and procedures for
disposing of any equipment purchased with project funds or
assets seized as a result of successful operations.
r
RECEIVED BY
FINANCE DEVT•
STATE OF WASHINGTON
DEPARTMENT OF COMMUNITY DEVELOPMENT
First AMENDMENT to CONTRACT NUMBER 1-88-26001
mAY 0 '5 1989
This CONTRACT AMENDMENT, entered into by and between the City of
Auburn (hereinafter referred to as the CONTRACTOR) and the
Washington State Department of Community Development
(hereinafter referred to as DCD), WITNESSES THAT:
The CONTRACTOR and DCD desire to modify the original
CONTRACT.
NOW, THEREFORE, the parties hereto agree to amend the following
sections of the original CONTRACT:
4. Contract Period
The termination date of the contract shall be June 30, 1989,
which shall provide funding for the operation of the task
force through June 30, 1989.
5. Reimbursement Provisions
1
The final voucher must be submitted to DCD prior to
3-1-1 1989.
This CONTRACT AMENDMENT shall be read in conjunction with the
original CONTRACT. Each and every provision of the original
CONTRACT shall remain in full force and effect, except as amended
herein.
IN WITNESS WHEREOF, the CONTRACTOR and DCD have execu d this
CONTRACT AMENDMENT as of the date and year t wri e below.
Tim Arnold, ssistant birector Contractor loe
Dept. of Community Development
Date
Approved as to form:
Date
St 0
rney General Datv
TO:
FROM:
RE:
CITY OF AUBURN * LEGAL DEPARTMENT
M E M O
Captain Bill PItzl February 3, 1989
Marguerite Schellentrager
RESOLUTION NO. 1929 - NARCOTICS CONTROL GRANT
Attached is the original of the above grant executed by the
City of Auburn and the Assistant Attorney General. Please
see that Chuck Clark, Director Department of Community
Development executes the same,and return to me for filing
with the Auburn City Clerk. Thanks for -your help.
MARGU RITE SCHEL6NTR�AGEK
City Attorney
MS:jb
STATE OF WASHINGTON)
) ss.
COUNTY OF KING )
I, Robin Wohlhueter, the duly appointed, qualified City
Clerk of the City of Auburn, a Municipal Corporation and
Code City, situate in the County of King, State of
Washington, do hereby certify that the foregoing is a full,
true and correct copy of Ordinance No.4332 of the ordinances
of the City of Auburn, entitled "AN ORDINANCE."
I certify that said Ordinance No.4332 was duly passed
by the Council and approved by the Mayor of the said City of
Auburn, on the the 20th day of March A.D., 1989.
I further certify that said Ordinance No. 4332 was
published as provided by law in the Valley Daily News, a
daily newspaper published in the City of Auburn, and of
general circulation therein, on the 29th day of March, A.D.,
.;.
Witness my hand and the official seal of the City of
Auburn this April 26, 1989, A.D.
Robin Wohlhueter
City Clerk
City of Auburn