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ORDINANCE NO. 4 6 9 8
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, APPROVING AN APPROPRIATION OF GRANT FUNDS NOT TO
EXCEED THE AMOUNT OF ONE THOUSAND SEVEN HUNDRED FIFTY DOLLARS,
($1,750.00), AND AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AN AGREEMENT WITH THE STATE OF WASHINGTON DEPARTMENT
OF COMMUNITY DEVELOPMENT AGREEMENT NO. 94 W&CS 013 TO ACCEPT
GRANT FUNDING FOR AN EMERGENCY INFORMATION COMPUTER SYSTEM.
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
WHEREAS, the State of Washington Department of Community
Trade and Economic Development has received funding from the
Federal Emergency Management Agency (FEMA) under FEMA award
number EMS-94-K-0311, Amendment No. M007 for Warning and
Communication Systems Enhancement Program; and
WHEREAS, the amount available from FEMA is a 50% match to
the City of Auburn's expended funds;
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 not exceed
the amount of ONE THOUSAND SEVEN HUNDRED FIFTY DOLLARS
($1.750.00), which constitutes a Grant pursuant to the
Agreement between the City of Auburn and the State of
Washington Department of Community Development. The funds
were applied for by the City of Auburn Fire Department to be
Ordinance No. 4698
August 24, 1994
Page 1
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used for the purchase of a computer system necessary to
operate the Emergency Information System for the City's
Emergency Coordination Center.
Section 2. The Mayor and City Clerk of the City of
Auburn are authorized to execute Grant Contract No. W&CS 94-
013, which is the result of FEMA funding under FEMA Award No.
EMS-94-K-0311, Amendment No. M007 for Warning and
Communication Systems Enhancement Program. A copy of said
Grant Award 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. If any section, sentence, clause or phrase of
this Ordinance should be held invalid or unconstitutional, the
validity or constitutionality thereof shall not affect the
validity or constitutionality of any other section, sentence,
clause or phrase of this Ordinance.
Section 5. 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. 4698
August 24, 1994
Page 2
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INTRODUCED:
PASSED:
APPROVED:
MAYOR
ATTEST:
Robin Wohlh~eter,
City Clerk
APPROVED AS TO FORM:
Acting City Attorney
Ordinance No. 4698
August 24, 1994
Page 3
STATE OF WASHINGTON
CEIVED
!~EGAL ~EPT
DEPARTMENT OF COMMUNITY, TRADE AND ECONOMIC DEVELOPMENT
906 Columbia St. SW · PO Box 48300 · Olympia, Washington 98504-8300 · (206) 753-2200
EMERGENCY MANAGF_~ DMSION
4317 Sixth Avenue Southeast · Post 02~ce Box 48?,46 · Lace),, Waxhington 98504-8346
(206) 459-9191 · SC.4N 585-9191
August 10, 1994
TO:
FROM:
SUBJECT:
Robert K. Johnson, Coordinator, City of Auburn, Office of Emergency
Sen, ices
Jimmie Hocd,~ommunications and Warning Program Manager
Warning and Communications Systems Enhancement
Your application for federal assistance under the W&CS program has been assigned number
W&CS 94-013 for administrative tracking.
The application has been approved for $1,750 federal share. Please sign and return the
attached contract and A19-1A, appropriately filled out, and copies of receipts or invoices for
equipment purchased to this office for payment. It is our desire to complete all payments
prior to September 30, 1994.
Please contact me at (206) 923-4931 if you have any questions.
JRH:mlh
Attachment
Ordinance No. 4698
AGREEMENT BETWEEN
THE DEPARTMENT OF COMMUNITY DEV~J.OPME
AND
CITY ~F:\ .AUBURN
CONTRACTOR
NAL
Agreement Number: 94 W&CS 013
This AGREEMENT, entered into by CONTRACTOR (hereinafter referred to as the
CONTRACTOR) and the Department of Co~mmunity Trade and Economic Development
(hereinafter referred to as the DEPARTMENT), WITNESSES THAT:
Whereas the DEPARTMENT has received funding from the Federal Emergency Management
Agency (FEMA) under FEMA award number EMS-94-K-0311, Amendment No. M007 for
Warning and Communication Systems Enhancement Program and; whereas the amount available
from FEMA is a 50% match to CONTRACTOR'S expended funds and; whereas the
CONTRACTOR has pumhased the FEMA allowable items as listed below, during the FEMA
ttl~tthorized activity period of October 1, 1993 through
September 30, 1994.
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 shall be a sum not to
exceed (state the amount) $I,750JL/Pfir.
SERVICE PROVISIONS
The CONTRACTOR shall use the funds solely for reimbursement of purchase and
installation costs of items as deemed eligible and listed in Attachment A, the approved
budget list accompanying the original Form 424 (Request For Federal Assistance), which
by this reference is incorporated into this agreement.
: 3. MATCHING REQUIREMENTS
The award of this contract shall not exceed 50% of the CONTRACTOR'S actual
expenditures for eligible costs as reviewed and approved by the DEPARTMENT.
4. AGREEMENT PERIOD
The effective date of this agreement shall be the date the parties sign and execute this
agreement. The termination date of this contract shall be September 30, 1994.
Ordinance No. 4698
Exhibit "A"
1
REIMBURSEMENT PROVISIONS
The CONTRACTOR shall mail one Washington State Invoice Voucher to the
DEPARTMENT indicating the services, rendered. 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
voucher must be submitted to the DEPARTMENT prior to September 1, 1994.
RECAPTURE PROVISIONS
In the event that the CONTRACTOR fails to expend funds under this agreement in
accordance with state and federal laws the provisions of this agreement, 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 three 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.
EVALUATION AND MONITORING
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.
h)
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.
NONDISCRIMINATION PROVISION
There shall be no discrimination against any employee who is paid by the funds
indicated in the agreement 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.
2
9. ADA COMPLIANCE
The CONTRACTOR agrees to comply with the Americans with Disabilities Act of 1990,
42 U.S.C. 12101 et ft~t. (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.
10. TERMINATION OF AGREEMENT
If, through any cause, the CO~CTOR shall fail to fulfill in a timely and
proper manner its obligations under this agreement or if the CONTRACTOR shall
violate any of its covenants, agreements, or stipulations of this agreement, the
DEPARTMENT shall thereupon have the right to terminate this agreement 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 agreement, either party may terminate this
agreement 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 agreement, 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. 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 ali 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.
13.
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.
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 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 or bad faith on the part of the CONTRACTOR, its officers, agents, and
employees.
16. 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.
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.
18. 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.
19. CONTRACT ADMINISTRATION
a)
b)
CONTRACTOR'S representative shall be
DEPARTMENT'S representative shall be
Rnh~'r't K ~lnhn~nn
Jimmie Hocutt
IN WITNESS WItEREOF, the DEPARTMENT and CONTRACTOR have executed this
contract as of the date and year written below.
ED S~all, CEM
Assistant Director
Emergency Management Division
Department of Community
Trade and Economic Development
DATE:
APPROVED AS TO FORM:
CHARLES A. BOOTH
Person authorized to sign
Title M~YOR
OrgsniTatlon CITY OF AUBURN
~Atr~:or PO/o se/d contract
City, Wa Zip
25 WEST MAIN ST, AUBURN WA 98001
Tax ID N. mber! q/-~::~5~Ot/a3
~ ~ ir So~e Source:/'71 ~00
CFDA: 83.503
Suzanne Shaw
Assistant Attorney General
DATE: June 28, 1994
ATTEST:
Robin Wohthueter, Auburn City ~%erk
~PROVED AS TO FORM:
Acting City
Attorney
5
ATTACHMENT A
Scope of Work
The following are approved portions of. the original CONTRACTOR submission of the "Scope
of Work" and pertinent supporting documents as requested by the DEPARTMENT.
See attached Federal Assistance Form 424.