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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, APPROVING AN APPROPRIATION OF GR3kNT FUNDS IN THE
AMOUNT OF THREE THOUSAND AND 00/100 DOLLARS, ($3,000.00),
AND AUTHORIZING THE MAYOR TO ACCEPT THE GRANT FROM THE
WASHINGTON STATE MILITARY DEPARTMENT FOR THE PURCHASE
HAZARDOUS MATERIALS TESTING EQUIPMENT FOR THE CITY OF
AUBURN.
WHEREAS, the Auburn City Council of the
must adopt and approve all appropriations
pursuant to Chapter 35A.33 RCW; and
NOW, THEREFORE, THE CITY COUNCIL OF THE
WASHINGTON, DO ORDAIN AS FOLLOWS:
City of Auburn
by Ordinance
CITY OF AUBURN,
~ Pursuant to Chapter 35A.33 RCW the City
hereby approves the expenditure and appropriation of a total
amount of THREE THOUSAND and 00/100 DOLLARS ($3,000.00),
which constitutes a grant pursuant to the Contract between
the City of Auburn and the Washington State Military
Department.
~ The Mayor of the City of Auburn is hereby
authorized to execute Contract No. EM997010 which will
provide grant funding to the City of Auburn for use by the
Ordinance No. 4985
June 19, 1997
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City to purchase specified hazardous materials testin9
equipment. A copy of said Contract is attached hereto and
designated Exhibit ~A" and is incorporated by reference in
this Ordinance.
~ The Mayor is hereby authorized to implement
necessary to carry
such administrative procedures as may be
out the directions of this legislation.
~ This Ordinance shall take
force five (5)
effect and be in
days from and after its passage, approval and
as provided by law.
publication,
INTRODUCED:
PASSED:
APPROVED:
CHARLES A. BOOTH
MAYOR
Ordinance No. 4985
June 19, 1997
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ATTEST:
Robin Wohlhueter,
City Clerk
APPROVED AS TO FORM:
Michael J. Reynolds,
City Attorney
Published:
Ordinanae No. 4985
June 19, 1997
Page 3
ORIGINAL
CONTRACT BETWEEN
WASHINGTON STATE MILITARY DEPARTMENT
AND
CITY OF AUBURN FIRE DEPARTMENT
(SOUTH PUGET SOUND REGIONAL RESPONSE TEAM}
Contract Number:.
This CONTRACT, entered into by City of Auburn Fire Department (hereinafter
referred to as the CONTRACTOR) and Washington State Military Department
(hereinafter referred to as the DEPARTMENT), WITNESSES THAT:
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, perrormances, and
promises hereinafter contained, the parties hereto agree as follows:
1. FUNDING
a) The total funds to be reimbursed to the CONTRACTOR for the contract period
shall be a sum not to exceed $3,000.00. There is no matching requirement.
b) The funds are provided by the Federal Emergency Management Agency solely for
the purpose of supporting hazardous materials programs as provided by the
Comprehensive Environmental Response, Comprehension and Liability Act
(CERCLA) and the Enhanced Hazardous Materials Preparedness (EHMP) grant;
Funds are provided under Agreement Number EMS-97-PA-0051, Amendment
Number 10. This contract is contingent upon the receipt of federal funds
awarded for this purpose.
2. SERVICE PROVISIONS
a) The CONTRACTOR shall use the funds solely for the purpose of supporting
hazardous materials programs as provided by CERCLA and the EHMP grant; and,
to perform the tasks as described in the Statement of Work and Budget portions of
the CONTRACTOR's request for funding, as approved by the DEPARTMENT. To
comply with federal reporting requirements the CONTRACTOR shall provide the
DEPARTMENT with the Performance and Financial Summary Report no later than
November 17, 1997.
b) Attachment A, Scope of Work, Attachment B, Budget, and Performance and
Financial Summary Report, Attachment C, are by reference, incorporated into this
contract.
3. CONTRACT PERIOD
The effective date of this contract shall be when this contract has been signed by all
parties. The termination date of this contract shall be September 30, 1997.
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Exhibit A - Ordinance No. 4985
adopted July 7, 1997
4. REIMBURSEMENT PROVISIONS
The CONTRACTOR shall mail a Washington State Invoice Voucher to the
DEPARTMENT within forty-five (45) days after completion of work indicating the
type of services rendered during the period covered by the voucher. 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
final voucher must be submitted to the DEPARTMENT prior to November 17, 1997.
5. AUDIT REQUIREMENTS
Contractors are to procure audit services based on the following guidelines:
Contractors receiving less than $25,000 in federal funds in a fiscal year or less than
$75,000 in state funds in a fiscal year, are exempt from compliance with the Single
Audit Act or other audit requirements. However, records must be available for review
by the Department.
Contractors receiving $25,000 to $100,000 in total federal funds in a fiscal year may
choose to have an audit made in accordance with Office of Management and Budget's
(OMB) Circular A -128, OMB Circular A -133 in the case of Institutions of Higher
Education and Other Nonprofit organizations, or a program audit.
Contractors receiving $75,000 or more in total state funds in a fiscal year may choose
to have a financial audit as defined by Government Auditing Standards (The Revised
Yellow Book), or a single audit made in accordance with OMB Circular A-128 or A-133.
Contractors receiving $300,000 or more in a fiscal year in total federal funds are to
have a Single Audit made in accordance with OMB Circular A-128, or OMB Circular A-
133 in the case of Institutions of Higher Education or Other Nonprofit Organizations.
As applicable, Contractors required to have an audit must ensure the audits are
performed in accordance with Generally Accepted Accounting Principles; Government
Auditing Standards (The Revised Yellow Book) developed by the Comptroller General,
dated July 1988; the OMB Compliance Supplement for Single Audits of State and Local
Governments, and the Compliance Supplement for Single Audits of Educational
Institutions and Other Nonprofit Organizations; OMB Circular A-133 Audits of
Institutions of Higher Education and Other Nonprofit Organizations; and all state and
federal law and regulations governing the program.
The audit of the Contractor's program shall be conducted by the Office of the State
Auditor if the Contractor is a state or local government entity, or an independent
Certified Public Accounting firm selected by the Contractor if the Contractor is not a
state or local government entity.
The Contractor must prepare a Schedule of Financial Assistance for federal and state
funds that includes: grantor name, program name, federal catalog (CFDA) number,
grantor contract number, total award amount, beginning balance1 current year
revenues, current year expenditures and ending balance.
The Contractor shall maintain its record and accounts in such a way as to facilitate the
Department's audit requirements, and ensure that Subcontractors also maintain records
which are auditable. The Contractor is responsible for any audit exceptions incurred by
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Exhibit A - Ordinance No. 4985
adopted July 7, 1997
its own organization or that of its Subcontractors. The Department reserves the right to
recover from the contractor disallowed costs resulting from the final audit.
The Contractor is responsible for sending the audit report to the Department Internal
Audit Manager as soon as it is available, but no later than thirteen months after the end
of the Contractor's fiscal year. Responses to previous management findings and
disallowed or questioned costs shall be included with the audit report. The Contractor
will respond to Department requests for information or corrective action concerning
audit issues within 30 days of the date of request.
The Contractor shall include these requirements in any subcontracts.
6. RECAPTURE PROVISIONS
In the event that the CONTRACTOR fails to expend funds under this contract in
accordance with state laws and/or the provisions of this contract, 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 six 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.
7, 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 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.
8. NONDISCRIMINATION PROVISION
a) 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.
b) ADA COMPLIANCE The CONTRACTOR agrees to comply with the Americans
with Disabilities Act of 1990, 42 U.S.C. 12101 et seq. (ADA), and its implementing
regulations. The ADA provides comprehensive civil rights to individuals with
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disabilities in the areas of employment, public accommodations, state and local
government services, and telecommunications.
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 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) 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. 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 all 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
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adopted July 7, 1997
or the Office of the State Auditor. 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.
13. 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. DISPUTES
The parties shall make every effort to resolve disputes arising out of or relating to this
contract through discussion and negotiation.
Should discussion and negotiation fail to resolve a dispute arising under this contract,
the parties shall select a dispute resolution team to resolve the dispute. The team shall
consist of a representative appointed by each party and a third representative mutually
agreed upon by both parties. The team shall attempt, by majority vote, to resolve the
dispute.
Both parties agree that this disputes process shall precede any action in a judicial or
quasi-judicial tribunal.
17. 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.
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Exhibit A - Ordinance No. 4985
adopted July 7, 1997
Contract #
Contract Format as of 9/3/96
18. CERTIFICATION REGARDING DEBARMENT SUSPENSION OR INELIGIBILITY
If federal funds are the basis for this contract, the CONTRACTOR certifies that neither
it nor its principals are presently debarred, declared ineligible, or voluntarily excluded
from participation in transactions by any federal department or agency.
19. 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.
20. 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.
21. CONTRACT ADMINISTRATION
a) CONTRACTOR'S representative shall be DANIEL E. STABER
b) DEPARTMENT'S representative shall be CAPTA'rN RANDY SHELTON~.
IN WITNESS WHEREOF, the DEPARTMENT and CONTRACTOR have executed this
contract as of the date and year written below.
Military Department
Date:
APPROVED AS TO FORM:
CHARLES A. BOOTH
Mayor
City of Auburn
Date: ~/~/9 7
TIN: 91-0344327
CFDA: 83.011
APPROVED AS TO FORM:
Klm O'Neal
Assistant Attorney General
Date: 3/29/96
Michael J. Reynolds,
Date: ~:~ [4(d('"~_
Auburn City
Attorney
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Exhibit A - Ordinance No. 4985
adopted July 7, 1997
Contract #
Contract Format as oi' 9/3/96
ATTACHMENT A
SCOPE OF WORK
FFY 1997
Comprehensive Environmental Response, Comprehension and Liability Act (CERCLA)
&
Enhanced Hazardous Materials Preparedness (EHMP)
South Puget Sound Regional Response Team Scope of Work Attached:
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Exhibit A - Ordinance No. 4985
adopted July 7, 1997
Contract #
Contract Format as of 9~3/96
Description of Pr6ject:
Exhibit A - Ordinance No. 4985
Emergency Management Division 5 adopted July 7, 1997
EHMP & CERCLA Grant Application
ATTACHMENT B
BUDGET
FFY 1997
Comprehensive Environmental Response, Comprehension and Liability Act (CERCLA)
&
Enhanced Hazardous Materials Preparedness (EHMP)
Purchase the following equipment for the South Puget Sound Regional Response Team:
Quantity Description Unit Price Total
2 each Drager CMS Analyzer (Part # 6405100) $1,385.00 $2,770.00
1 set Drager CMS Analyzer Chemical Chips $230.00 $230.00
Total $3,000.00
Exhibit A - Ordinance No. 4985
adopted July 7, 1997
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ATTACHMENT C
PERFORMANCE AND FINANCIAL SUMMARY REPORT
FFY 1997
Comprehensive Environmental Response, Comprehension and Liability Act (CERCLA)
&
Enhanced Hazardous Materials Preparedness (EHMP)
To meet the grant performance and financial summary reporting requirements specified by the
grantor, the CONTRACTOR will provide the DEPARTMENT, Emergency Management
Division's Hazardous Materials Program Coordinator with the following information:
· Bdef narrative summary of the purpose and use of the equipment purchased or
acquired.
· Listing of the equipment purchased or acquired and the cost of the each.
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