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HomeMy WebLinkAbout43721 2 3 4 5 6 7 8 9 10 11 12 13' r14 15 i 16 17 18 19 20 21 22 23 24 25 26 ORDINANCE NO. 4 3 7 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING AN APPROPRIATION OF GRANT FUNDS IN THE AMOUNT OF EIGHT THOUSAND SEVEN HUNDRED SIXTY AND 00/100 DOLLARS, ($8,760), AND AUTHORIZING THE MAYOR TO ACCEPT THE GRANT FROM THE WASHINGTON STATE DEPARTMENT OF COMMUNITY DEVELOPMENT, FOR AN EMERGENCY MANAGEMENT PROGRAM. 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. Pursuant to Chapter 35A:33 RCW the City 'hereby approves the expenditure and appropriation of a total amount of EIGHT THOUSAND SEVEN HUNDRED SIXTY DOLLARS ($8,760), which constitutes a Grant pursuant to the Agreement between the City of Auburn and the Washington State Department of Community Development. Section 2. The Mayor and City Clerk of the City of Auburn are authorized to execute an Emergency Management Program (EMP) Contract, Contract Number 1-90-62001, which will provide grant funding to the City of Auburn for use by the City to increase the operational capability for emergency management. A copy of said Emergency Management ------------------- Ordinance No. 4372 September 8, 1989 Page 1 FINANCE DEPT. NOV 0 71989 i. F i 1 2 3 4 5 6 7 8 9 10 11 12 13 " 14� 15 16 17 18 19 20 22 23 24 25 26 Program Contract is attached hereto and designated 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 take effect and be in force five (5) days from and after its passage, approval and publication, as provided by law. INTRODUCED: PASSED: APPROVED: ATTEST: Gayle utcher, Deputy City Clerk APPROVED AS TO FORM: Marguerite Schellentrager, City Attorney Published: _ ------------------- Ordinance No. 4372 September 8, 1989 Page 2 Contract Number: 1-90-62001 Tax ID Number: 91-600-1228 EMERGENCY MANAGEMENT PROGRAM (EMP) CONTRACT This contract, entered into by the City of Auburn, hereinafter referred to as the CONTRACTOR, and the Department of Community Development, hereinafter referred to as the DEPARTMENT, witnesses that: WHEREAS the state of Washington provides contributions in support of the City of Auburn for an Emergency Management Program for the expenses of emergency management personnel salaries, benefits, travel, office supplies and administrative equipment, rent and maintenance of office space, utilities, and insurance; and WHEREAS the objective of the Emergency Management Program is to increase the operational capability for emergency management at the local level of government including the development and maintenance of a trained, experienced staff of emergency management personnel. 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, performance and promises hereinafter contained, the parties :hereto agree as follows: 1. FUNDING The total funds to be reimbursed to the CONTRACTOR for the contract period shall not exceed $8,760. The funds will be allotted monthly and will not exceed 1/12 of the total award or $730. 2. SERVICE PROVISIONS A. The CONTRACTOR shall use the funds to provide the following program activities: (1) An update of the local warning fanout procedures to include a statement indicating whether the jurisdiction is a primary or secondary warning point and from whom they receive warnings. Those jurisdictions not having a NAWAS terminal must state what arrangements are made to receive warning from a primary or secondary warning point, and to whom and how your jurisdiction provides warning. 1 ------------------ Ordinance No. 4372 Exhibit A i (2) Conduct at least one exercise during the time period of the contract. Response to an actual event may substitute for an exercise provided ,it is sufficiently justified. (3) Complete or update the Hazard Vulnerability Analysis in accordance with the state Emergency Planning Guide. (4) Administration of the program to include: (a) Submission of funds requests, staffing patterns, and reimbursement vouchers. (b) Submission of complete and updated job descriptions for every state funded position. (c) Maintenance of monthly timesheets for part- time personnel. (d) Submission of quarterly reports for the previous quarter by October 13, January 12, April 13, and July 13. B. The CONTRACTOR shall use the funds for the following allowable costs: 1. Personnel compensation and benefits which includes: a. Gross compensation for services of individuals. b. Vacation, sick leave, or terminal leave. C. Employee benefits as contributed to social security (FICA) or life and health insurance plans. d. General liability insurance. 2. Travel and transportation of persons - costs of transportation, per diem allowances, and other reimbursable expenses related to travel as authorized under the state travel regulation. 3. Other administrative expenses to include: a. Supplies, services, and equipment needed for the administration of the program. b. Rent, maintenance, and utility service changes. C. Insurance and indemnification. d. Meetings and conferences. e. Equipment. 2 C. Attachment A, Program Paper, July 1989 - June 1990 is by reference incorporated into this contract. 3. CONTRACT PERIOD The effective date of this contract shall be July 1, 1989. The termination date of this contract shall be June 30, 1990. 4. REIMBURSEMENT PERIOD The CONTRACTOR shall mail a Washington State Invoice Voucher to the DEPARTMENT monthly. Within twenty (20) days after the receipt and acceptance of 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 prior to July 6, 1990. No payment shall be made until the DEPARTMENT receives and accepts the voucher. 5. RECAPTURE PROVISION In the event that the CONTRACTOR fails to expend funds awarded under this contract in accordance with state law, and/or the provisions of this contract, the DEPARTMENT reserves the right to recapture these funds in an amount equivalent to the extent of the noncompliance._ Such right of recapture shall exist for a period not to exceed three years following contract termination. Repay- ment by the CONTRACTOR of these 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 cost thereof, including reasonable attorney's fee. 6. 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 and 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 3 7. 8. rights last for three years from the date final payment is made hereunder. EMPLOYMENT PROVISION There shall be no discrimination paid by the funds indicated in applicant for such employment color, sex, age, or national or include, but not be limited to, upgrading, demotion, transfer, lay-off or termination, rates compensation, and selection for CONTRACT MODIFICATION against any employee who is the contract or against any because of race, religion, -igin. This provision shall the following: employment, recruitment, advertising, of pay, or other forms of training. The DEPARTMENT and the CONTRACTOR may, from time to time, request changes in service 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 under- standing or agreements not incorporated- herein, unless made in writing and.signed by the parties hereto,. shall not be ;binding. 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. Not withstanding any provision 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 terminations, shall be as the DEPARTMENT reasonably determines. 4 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. 10. 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. 11. 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 on the part of the CONTRACTOR, its officers, agents, and employees. 12..,'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. 13. 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. 14. CONTRACT ADMINISTRATION A. CONTRACTOR's representative shall be a member of the City of Auburn Department of Emergency Management. B. DEPARTMENT's representative shall be the Coordinator, Grants/Contracts Management of the Division of Emergency Management. A IN WITNESS WHEREOF, the DEPARTMENT and CONTRACTOR have executed this contract as of the date and year written below: Tim Ar old Bob Roegner, M or Assistant Director City of Auburn Administrative Services Division ,- ,►-� /� - 7 � y Date` Date APPROVED AS TO FORM: flee I -If Assista t Attorney General Date ATTEST: Gayle Vtcher, Deputy City Clerk APPROVED AS TO FORM: Marguerite Schellentrager, City Attorney 2 COMPREHENSIVE EMERGENCY MANAGEMENT PROGRAM PAPER July 1, 1989 - June 1990 PART I - INFORMiATION a. Organization City of Auburn, Washington b. Address 1101 D Street NE C. City Auburn State Washington zip 98002 d. Phone Number 931-3060 Name of Director Mayor Bob Roegner e. Joint Organization Single Jurisdiction Organization f. If joint organization, list jurisdictions (cities, counties, towns only) that make up the joint organization: g. Organization has applied for state monies: Yes X No This Section is for State Use ONLY: This program paper is: a. Approved Ss - 3 - S 9 (date) b. Disapproved (date) PART II - SCOPE OF WORK: Explain fully what the local emergency management organization expects to accomplish in each program element during this calendar year. Use additional sheets of paper if necessary. A. Comprehensive Emergency Management Plan Development or Updating Activity Deliverable Quarter 1. Review Comp. Emerg. A. Complete Plan Review 1 Plan. 2. Update Annexes A, A. Complete draft update 2 C H, S as necessary B. Review updates w/ 2 affected agencies/ divisions. C. Finalize update 3 D. Print & distribute 4 3. Review and update A. Complete Review of 1 mutual aid agree- agreements. :ments in accordance B. Complete updated 2 with Wash. State documents. guidelines. C. Review & approve up- 3 dates with affected agencies. D. Finalize updates 3 E. Obtain authorizing 3 signatures on final ' agreement updates. F. Print & distribute 4 (SUPPLEMENTAL NARATIVE - NEXT PAGE) SUPPLEMENTAL PROGRAM NARRATIVE A. COMPREHENSIVE EMERGENCY MANAGEMENT PLAN DEVELOPMENT OR UPDATING. ITEM 2. Update of Annexes - The Auburn Comprehensive Emergency Plan was written in 1984 and, other than the addition of the Hazardous Materials Appendix, has not been updated. This program element will accomplish not only an updating of the plan information, but also a more useable plan format which will be used throughout the plan structure. ITEM 3. Review and Updating of Mutual Aid agreements - The existing Interlocal and Mutual Aid Agreements be- tween Auburn and the surrounding jurisdictions, and those in other areas of the State who have joined with Auburn for purposes such as Hazmat Tea„, response, will be reviewed as to their conformance with the guidelines established by the State of Washington. The intended result is that any short- comings in the the existing agreements, including the standardizing of the formats, will be corrected with the completion of this program element. f 0 B. Training and Education Activity Deliverable Quarter 1. Radiological Monitoring A. Development 1-2 Course., of a Fundamental Radiological Mon- itoring Course for first responders by Auburn D.E.M. B. Presentation of 3-4 the course for Radiological Re - Response Teams. (A.F.D. & Boeing F.D.) by Auburn D.E.M. 2. Incident Command System A. Basic course for 3-4 Training (ICS) (Sched- public agency uling & coordinating first responders. by Auburn D.E.M., B. Familiarization 3-4 teaching by A.F.D. training for pri- instructors. vate sector (site specific) response personnel. 3. E.O.C. Operations Training A. Basic Training & 2-3 familiarization for members of Auburn Emergency Services Advisory Commission (ESAC) based on recent- ly developed S.O.P.'s. Trainina Proarams & Work - Shops which we would like to see conducted during the fiscal year: A. Continued schedule of P.D.S. courses. B. Comprehensive Emergency Management Planning Workshops. C. Exercise Development Workshops. D. Earthquake Preparedness Workshop. E. W.S.E.M.A. Conferences A. Hopefully, these 1-4 and other Emergency Management oriented courses could be taught in the immediate vicinity so they would be avail- able to the members of of area LEPC's and other Emergency Services Ad- visory Committee personnel. (SUPPLEMENTAL NARATIVE - NEXT PAGE) u SUPPLEMENTAL PROGRAM NARRATIVE B. TRAINING AND EDUCATION ITEM 1. Radiological Monitoring Course - With the ever- increasing occurrance and probability of radiological related incidents involving such things as industrial and medical equipment or accidents involving the transport of radioactive waste products through our jurisdiction, the need for more frequent training is becoming a must. I recently completed several courses of instruction, including instructor certification, and intend to develop and teach a thorough course in basic radiological monitoring and response techniques to the members of the Auburn Fire Department. I hope to extend this training to the Boeing Company Hazmat Team, who will have certain on -site responsibilities locally. ITEM 2. Incident Command System Training - This training is to be coordinated with large private -sector facilit- ies such -as the Boeing Company who have their own internal response structure and desire to be train- ed in the methodology used by public agencies. The result will be a higher degree of efficiency,.when a site emergency requires the interface of the two organizations. ITEM 3. E.O.C. Operations Training - A very important program element during this coming year will be to i provide the members of the Auburn Emergency Services Advisory Commission [•ESAC] formal training in the Standard Operating Procedures [SOP] for operation of the Emergency Operations Center [EOC]. These updated and expanded procedures are intended to help those, providing direction and control to emergency situations, carry out their responsibilities more efficiently. C. Communication Warning and Notification Systems Development and Maintenace Activity Deliverable Quarter ' 1. Revise & Update Local Warning Fanout System A. Review existing 1 capability. B. Complete a draft 2 of revised and updated system. C. Review revised 2 system draft with affected agencies. D. Finalize updated 3 Plan. E. Print & distribute 4 F. Develop a Public Awareness Program using area media (Newspapers, radio etc.) 2. Develop updated Emergency A. Review... provisions 1 Services Advisory Council of Ordinance 3957 .:per Ordinance #3957. B. Develop updated 2 list C. Advise affected 3 members. D. Submit final 3 listing for Mayor's approval _ E. Print & distribute 4 F. Provide Training per B 3-4 3. Update Emergency Oper- A. Primary & backup 2 ations Center (EOC) communications B. Revise & update 2 staffing list. C. Conduct familiari- zation training per B-3 D. Revise & update 3 EOC SOP's. E. Emergency power 4 for EOC F. Develop Alternate 4 EOC (SUPPLEMENTAL NARATIVE - NEXT PAGE) SUPPLEMENTAL PROGRAM NARRATIVE a C. COMMUNICATION, WARNING AND NOTIFICATION SYSTEMS ITEM 1. Revise and Update Local Warningf Fanout System - The existing local warning system, both for specific as well as general alert situations, is in need of review and updating. At the present time, we depend on police and fire units, using sirens and loudspeakers, to accomplish local warning. Community warning and information has been provided by our local radio station, KASY, but will have to be found elsewhere, since that station recently sold its location and suspended broadcasting. a D: Radiological and Hazardous Materials Incident Response ' Capabilities Development and Maintenance Activity Deliverable . Quarter 1. SARA Title III Activites A. Participate with 3 area jurisdictions on Hazardous Waste collection efforts. (Target date -April) B. Participate in 2-3 Haz-Mat Team ex- ercises with other jurisdictions and private industry such as Boeing Co. (Fall & Spring). 2. Radiological Monitoring A. Assess Equipment 1 and Assessment Capability & training capa- 1. Training bility. 2. Equipment B. Acquire necessary 2 3. Instructor Training training equipment from state. C. Conduct training 3-4 Per (B) r 3. Update Annex Q A. Complete Draft 1 update per Wash. State DEM Guide- lines. B. Review updates w/ 2 affected agencies C. Finalize Update 3 D. Print & distribute 4 E. Tests, Drills and Exercises to Assist Emergency Plan, Personnel Training and System Effectiveness ' Activity Deliverable Quarter 1. MCI Exercise A. Participate with 3 surrounding agen- cies in the devel- opment and evalua- tion of a Multiple Casualty Incident with Auburn Adven- tist Academy, Kent F.D., Dist. 44 & 46, Medic 6. 2. Conduct a table top exer- A. Develop an exercise cise to test the effect- scenario. 2 iveness of the E.O.C. B. Develop a list of messages. 2 C. Finalize exercise 3 D. Distribute letters " of Invitation. 3 E. Conduct exercise. F. Critique & Evaluate exercise. `f { 1 F. Public Information Activity Deliverable Quarter 1. Develop P.I. Program for A. Disaster Pre- 1-4 Local business & Industry paredness educat- ion for site specific facilities through scheduled programs and proposed brochure material using mail & Chamber of Commerce Bulletin. B. Familiarize 1-4 Facility Personnel with reporting requirements of SARA Title III per A. *C. Educate Facility 1-4 Personnel on use of MSDS sheets and employee training.- Per A. 2, Develop P.I. Program A. Educate citizens 1-4 for area citizens about use of haz- ardous materials through local media & brochure handouts at retail businesses. ' B. Educate citizens 1-4 on the Community Right -to -Know Program mandated by SARA Title III Per A. (SUPPLEMENTAL NARATIVE - NEXT PAGE) a ►' 4 SUPPLEMENTAL PROGRAM NARRATIVE 0 F. PUBLIC INFORMATION ITEM 1. Develop P.I. Program For Local Business - With the reality of the SARA Title III laws becoming more of a burden upon the local industry, the Auburn Office of Emergency Services is receiving an ever-increas- ing number of inquiries about the various require- ments. To help our local businesses better understand their responsibilities, a program is being developed to stimulate interest and provide answers to the many questions. The program consists of the preparation of brochure material and the circulation of that material to all of the affected businesses by using such resources as the Chamber of Commerce periodical newsletter, the Auburn Fire Department fire -safety inspection program, civic group meetings, etc. The result is intended to be a better informed and involved community in general. e i u G. Hazard Analysis and Assessment Activity Deliverable 1. Revise & Update Auburn Hazard Vulnerability Analysis (HVA) r Quarter A. Review existing 1 HVA B. Complete draft of 2 updated assess- ment. C. Finalize completed 3 update. D. Print & distribute 4 E. Submit Updated HVA to State by 3-31-90. 0 H. General Program Administration Activity Deliverable 1. Review & update Ord. 3955 & 3957 2. Update job descriptions 3. Review & update M/A agreements in conformance w/ 6/89 M/A & Interlocal handbook. 4. Submit quarterly reports 5. Participate in a local program review. 6. Submit after -action reports. 7. Comply w/US Army sandbag policy. 8. Response to Public Inquiries 9. Collect & correlate new & updated resource infor- mation in plan. 10.Attend meetings of WSEMA Local Emergency Services Advisory Council, LEPC, etc. Quarter A. Review & revise 1-2 per Section C-2 A. Review & update 2 as necessary. A. Review existing 1-4 and interlocal agreements with City Attorney re- lative to new guidelines. Revise as necessary. A. Per State Guidelines 1-4 Schedule with State 1-4 DEM A. As necessary 1-4 A. Per current policy 1-4 A. Propose & deliver 1-4 Hazard Communication information as re- quested. A. Semi -Annual Review of Resource data program. A. Weekly meeting with Emergency Management Coordinator. B. Monthly meetings of LEPC/ESAC. 0 I. Response to Emergencies and Disasters Activity Deliverable 1. Response as necessary 9. Quarter A. Search & Rescue 1-4 (25 Hours) B. Hazardous Mater- 1-4 ials (40 Hours) C. Miscellaneous 1-4 Responses 1. Large fires involving possible evacuation (12 Hours) 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. 4372 of the ordinances 'of the City of Auburn, entitled "AN ORDINANCE." f I certify that said Ordinance No. 4372 was duly passed by the Council and "approved by the Mayor of the said City of Auburn; on the the 2nd.day of October A.D., 1989. I further.certify that,said Ordinance No. 4372 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 8th day of October, A.D., 1989. Witness my hand and the official seal of the City of Auburn this August 23, 1990, A.D. Wk- Au-k-, Robin Wohlhue er City Clerk City of Auburn 25 West Main, Auburn, WA 98001-4998 (206) 931-3000 1 ORDINANCE NO. 4 3 7 2 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING AN APPROPRIATION OF GRANT FUNDS IN THE 4 AMOUNT OF EIGHT THOUSAND SEVEN HUNDRED SIXTY AND 00/100 DOLLARS, ($8,760), AND AUTHORIZING THE MAYOR TO ACCEPT THE 5 GRANT 'FROM THE WASHINGTON STATE DEPARTMENT OF COMMUNITY DEVELOPMENT, FOR AN EMERGENCY MANAGEMENT PROGRAM. 6 7 WHEREAS, the Auburn City Council of the City of Auburn flmust adopt and approve all appropriations by Ordinance 9 pursuant to Chapter 35A.33 RCW; and 10 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, 11 WASHINGTON, DO ORDAIN AS FOLLOWS: 12 Section 1. Pursuant to Chapter 35A.33 RCW the City 13 hereby approves the expenditure and appropriation of a total 14 amount of EIGHT THOUSAND SEVEN HUNDRED SIXTY DOLLARS 15 ($8,760), which constitutes a Grant pursuant to the 16 Agreement between the City of Auburn and the Washington 17 State Department of Community Development. 18 Section 2. The Mayor and City Clerk of the City of 19 Auburn are authorized to execute an Emergency Management 20 Program (EMP) Contract, Contract Number 1-90-62001, which 21 will provide grant funding to the City of Auburn for use by 22 the City to increase the operational capability for 23 emergency management. A copy of said Emergency Management 24 25 26 Ordinance No. 4372 September 8, 1989 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 22 23 24 25 26 Program Contract is attached hereto and designated 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 take effect and be in force five (5) days from and after its passage, approval and publication, as provided by law. Cj INTRODUCED: PASSED: ATTEST: Gayle utcher, Deputy City Clerk APPROVED AS TO FORM: Marguerite Schellentrager, City Attorney Published: /U o ------------------- Ordinance No. 4372 September 8, 1989 Page 2 RECEIV JR, "'ll, 0" of h0gGENCY CITY CLERKS Contract Number: 1-90-62001 Tax ID Number: 91-600-1228 MANAGEMENT PROGRAM (EMP) CONTRACT This contract, entered into by the City of Auburn, hereinafter referred to as the CONTRACTOR, and the Department of Community Development, hereinafter referred to as the DEPARTMENT, witnesses that: WHEREAS the state of Washington provides contributions in support of the City of Auburn for an Emergency Management Program for the expenses of emergency management personnel salaries, benefits, travel, office supplies and administrative equipment, rent and maintenance of office space, utilities, and insurance; and WHEREAS the objective of the Emergency Management Program is to increase the operational capability for emergency management at the local level of government including the development and maintenance of . a trained, experienced staff of emergency management personnel. 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, performance and promises hereinafter contained, the parties :hereto agree as follows: 1. FUNDING The total funds to be reimbursed to the CONTRACTOR for the contract period shall not exceed $8,760. The funds will be allotted monthly and will not exceed 1/12 of the total award or $730. 2. SERVICE PROVISIONS A. The CONTRACTOR shall use the funds to provide the following program activities: (1) An update of the local warning fanout procedures to include a statement indicating whether the jurisdiction is a primary or secondary warning point and from whom they receive warnings. Those jurisdictions not having a NAWAS terminal must state what arrangements are made to receive warning from a primary or secondary warning point, and to whom and how your jurisdiction provides warning. 1 ------------------------ Ordinance No. 4372 ExYiibit A (2) Conduct at least one exercise during the time period of the contract. Response to an actual event may substitute for an exercise provided ,it is sufficiently justified. (3) Complete or update the Hazard Vulnerability Analysis in accordance with the state Emergency Planning Guide. (4) Administration of the program to include: (a) Submission of funds requests, staffing patterns, and reimbursement vouchers. (b) Submission of complete and updated job descriptions for every state funded position. (c) Maintenance of monthly timesheets for part- time personnel. (d) Submission of quarterly reports for the previous quarter by October 13, January 12, April 13, and July 13. B. The CONTRACTOR shall use the funds for the following allowable costs: 1. Personnel compensation and benefits which includes: a. Gross compensation for services of individuals. b. Vacation, sick leave, or terminal leave. C. Employee benefits as contributed to social security (FICA) or life and health insurance plans. d. General liability insurance. 2. Travel and transportation of persons - costs of transportation, per diem allowances, and other reimbursable expenses related to travel as authorized under the state travel regulation. 3. Other administrative expenses to include: a. Supplies, services, and equipment needed for the administration of the program. b. Rent, maintenance, and utility service changes. C. Insurance and indemnification. .d. Meetings and conferences. e. Equipment. 2 C. Attachment A, Program Paper, July 1989 - June 1990 is by reference incorporated into this contract. 3. CONTRACT PERIOD The effective date of this contract shall be July 1, 1989. The termination date of this contract shall be June 30, 1990. 4. REIMBURSEMENT PERIOD The CONTRACTOR shall mail a Washington State Invoice Voucher to the DEPARTMENT monthly. Within twenty (20) days after the receipt and acceptance of 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 prior to July 6, 1990. No payment shall be made until the DEPARTMENT receives and accepts the voucher. 5. RECAPTURE PROVISION In the event that the CONTRACTOR fails to expend funds awarded under this contract in accordance with state law, and/or the provisions of this contract, the DEPARTMENT reserves the right to recapture these funds in an amount equivalent to the extent of the noncompliance. Such right of recapture shall exist for a period not to exceed three years following contract termination. Repay- ment by the CONTRACTOR of these 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 cost thereof, including reasonable attorney's fee. 6. 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 and 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 3 rights last for three years from the date final payment is made hereunder. 7. EMPLOYMENT 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, religion, color, 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. 8. CONTRACT MODIFICATION The DEPARTMENT and the CONTRACTOR may, from time to time, request changes in service 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 under- standing or agreements not incorporated herein, unless made in writing and signed by the parties hereto,. shall not be binding. 9. 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. Not withstanding any provision 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 terminations, shall be as the DEPARTMENT reasonably determines. 4 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 sourze of those funds, and if such funds are the basis for this contract. 10. 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. 11. 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 on the part of the CONTRACTOR, its officers, agents, and employees. 12. "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. 13. 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. 14. CONTRACT ADMINISTRATION A. CONTRACTOR's representative shall be a member of the City of Auburn Department of Emergency Management. B. DEPARTMENT's representative shall be the Coordinator, Grants/Contracts Management of the Division of Emergency Management. 9 IN WITNESS WHEREOF, the DEPARTMENT and CONTRACTOR have executed this contract as of the date and year written below: Tim Arn ld Bob Roegner, M or Assistant Director City of Auburn Administrative Services Division L Li�2 /,) '�7 Date Date APPROVED AS TO FORM: Assistant Attorney General Date ATTEST: GayleAi�tcher, Deputy City Clerk APPROVED AS TO FORM: Marguerite Schellentrager, City Attorney C. CITY OF AUBURN COUNCIL MEETING VII. ORDINANCES AND RESOLUTIONS A. Ordinances October 2, 1989 1. Ordinance 4372 An Ordinance of the City Council of the City of Auburn, Washington, approving an appropriation of grant funds in the amount of Eight Thousand Seven Hundred Sixty and 00/100 Dollars ($8,760), and authorizing the Mayor to accept the grant from the Washington State Department of Community Development, for an Emergency Management Program. Motion by Councilmember Whittall, second by Councilmember Brothers, to introduce and adopt Ordinance 4372. MOTION CARRIED UNANIMOUSLY. 7-0. B. Resolutions 1. Resolution No. 1997 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute a jail service agreement between the City of Auburn and the City of Enumclaw for confinement of City of Auburn prisoners in the City of Enumclaw corrections facility. Motion by Councilmember Whittall, second by Councilmember Roland, to adopt Resolution 1997. MOTION CARRIED UNANIMOUSLY. 7-0. 2. Resolution No. 2003 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute Amendment II to lease agreement between the City of Auburn and Sky Services, Incorporated. Motion by Councilmember Kurle, second by Councilmember Burns, to adopt Resolution 2003. MOTION CARRIED UNANIMOUSLY. 7-0. VIII. MAYOR'S REPORT Mayor Roegner noted there was no executive session this evening. Mayor Roegner also thanked the Buena Vista Elementary School for the boutonniere given to him at this evening's school dedication. IX. ADJOURNMENT There being no further business to come before the Auburn City Council, the meeting adjourned at 7:45 p.m. PAGE 4 CITY OF AUBURN COUNCIL MEETING October 2, 1989 this evening's agenda. The next Finance Committee meeting will be prior to the next Council meeting of October 16, 1989 at 7:00 p.m. IV. CONSENT AGENDA A. Minutes 1. September 18, 1989 regular Council meeting. 2. To correct typographical error of September 5, 1989 minutes under Item VII.B.2. from "Resolution 1966" to "Resolution 1996". B. Vouchers 1. Claim numbers #48507 through #48871 in the amount of $421,603.86. 2. Payroll #148254 through #148664 in the amount of $468,495.78. C. Out -of -State Travel 1. Fir Request authorization for out-of-state travel expenses for FFIC Sp. Dale Michael Laginess to attend a course in Management Emergency Medical Services at the National Fire Academy in Emmitsburg, Maryland from October 2 through October 13, 1989. 2. Public Works Request authorization for Dawn Malone and Tom Allen from the Sewer Division to attend the Pacific Northwest Pollution. Control Association Conference on October 30th through November 1, 1989 in Eugene, Oregon. D. Contract Administration 1. City Park Improvement To approve Pay Estimate No. 3, final, to R. C. Petchnick, Inc., for construction of the City Park Improvement, Contract 89-01. E. Utility Bill Adiustment Recommend approval of utility adjustment to accounts #143-2280 in the amount of $325.62 and #223-0330 in the amount of $152.28. Motion by Councilmember Larson, second by Councilmember Kurle to approve Consent Agenda Items W.A. through IV.E. MOTION CARRIED UNANIMOUSLY. 7-0. V. OLD BUSINESS - None. VI. NEW BUSINESS - None PAGE 3 CITY OF AUBURN INTER -OFFICE MEMORANDUM TO: File FROM: Robin Wohlhueter DATE: July 5, 1990 RE: Ordinance No. 4372 ------------------------------------------------------------ Bob Johnson notified me regarding filing a signed copy of the grant from the Washington State Department of Community Development, for an emergency management program. George Drazen, State Division for Emergency Management Program has indicated to Bob that the only original is on file with his office. That is why there is only a copy attached to Ordinance No. 4372. F:\CLERK\RECORDS\ File: 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. 4372 of the ordinances -of, the City of Auburn, entitled "AN ORDINANCE." I certify that said Ordinance No. 4372 was duly passed by the Council and approved by the Mayor of the said City of Auburn,on the the 2nd day'_of October A.D., 1989. I further certify. that -said Ordinance No..4372 was published as.provided,by law in the Va'lley'Daily,News, a daily newspaper' -published in the City of Auburn:, and of general circulation therein, on the 8th day of October, A.D., 1989. Witness my hand and the official seal of the City-qf Auburn this July 19, 1990, A.D. Robin Wohlhueter City Clerk City of Auburn _ 25 West Main, Auburn, WA 98001-4998 (206) 931-3000