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HomeMy WebLinkAbout46981 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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.