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ORDINANCE NO. 5 i 3 8
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY' OF AUBURN,
WASHINGTON, APPROVING ACCEPTANCE OF GRANT FUNDS FROM THE STATE
OF WASHINGTON MILITARY DEPARTMENT, EMERGENCY' MANAGEMENT
DIVISION TO FUND HAZMAT RESPONDER TEAM PERSONNEL SALARY AND
BENEFITS ASSOCIATED WITH THE PLANNING, PREPARATION AND
PARTICIPATION IN A REGIONAL RESPONSE HAZARDOUS MJ~ERIALS TEAM
EXERCISE SCHEDULED FOR SEPTEMBER 1, 1998, IN THE AMOUNT OF
THREE THOUSAND FOUR HUNDRED SEVENTY-ONE AND 00/100 DOLLARS,
($3,471.00), AND AUTHORIZING EXECUTION OF CONTRACT NO.
EM998224 AND APPROVING THE EXPENDITURE /kND APPROPRIATION OF
SAID GRANT FUNDS.
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
Council hereby approves the expenditure and appropriation of
Washington State Military Department grant funds in the amount
of THREE THOUSAND FOUR HUNDRED SEVENTY-ONE and 00/100 DOLLARS
($3,471.00), and authorizes the execution of Contract No.
EM998224 between the State of Washington Military Department,
Emergency Management Division and the City of Auburn Fire
Department. A copy of said Contract is attached hereto as
Exhibit "A" and is incorporated herein by reference.
Ordinance No. 5138
August 13, 1998
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Section 2. The purpose of said grant is to fund Hazmat
responder team personnel salary and benefits associated with
the planning, preparation and participation in a regional
response hazardous materials team exercise scheduled for
September 1, 1998.
Section 3.
The Mayor is hereby authorized to
necessary to
such administrative procedures as may be
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.
implement
carry
INTRODUCED: August 17, 1998
PASSED: August 17, 1998
APPROVED: August 17, 1998
CHARLES A. BOOTH
MAYOR
Ordinance No. 5138
August 13, 1998
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ATTEST:
City Clerk
APPROVED AS TO FORM:
Michael ~.~ Rey~lds,
City Attorney
Published:
Ordinance No. 5138
August 13, 1998
Page 3
CONTRACT BETWEEN
WASHINGTON MILITARY DEPARTMENT
AND
AUBURN FIRE DEPARTMENT
Contract Number:
This CONTRACT, entered into by the AUBURN FIRE DEPARTMENT (hereinafter
referred to as the CONTRACTOR) and Washington 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, performances, 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 $3,471.00.
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); Funds are provided under Agreement Number EMS-98-.PA-0004,
Amendment Number 7. This contract is contingent upon the receipt of federal
funds awarded for this purpose.
b)
SERVICE PROVISIONS
The CONTRACTOR shall use the funds solely for the purpose 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 October 20, 1998.
Attachment A, Scope of Work, and Attachment B, Budget, are by reference,
incorporated into this contract.
3. CONTRACT PERIOD
Exhibit "A", Ordinance No. 5138
EMD; FFY98 Grant July 9, 1998. doc Page I of 9
CERCLA: 001-020-721-1398-CE-HZ
Contract Format as of 11/8/95
The effective date of this contract shall be when this contract has been siglned by all
parties. The termination date of this contract shall be September 30, 199.8.
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 October 31, 1998.
5. AUDIT REQUIREMENTS
Contractors are to procure audit services based on the following guideline.,;:
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 $300,000 in total federal funds in a fiscal year may
choose to have an audit made in accordance with Office of Management a~d 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 rnay 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 audit..; 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 Stale 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.
EMD: FFY98 Grant July 9, 1998.doc Page 2 of 9 EM 4~ ~ ~,,~ ~ ~.
CERCLA: 001'O20-721-1398-CE-HZ Contract Fc,rrnat as of 11/8/95
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 balance, 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
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 in¢',lude 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.
EMD: FFY98 Grant July 9, 1998.doc Page3 of 9 EM ~'~',~; ,.~ ~ ¢
CERCLA: 001-020-721-1398-CE-HZ Contract Forr~at as of 11/8/95
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 implernenting
regulations. The ADA provides comprehensive civil rights to individuals with disabilities
in the areas of employment, public accommodations, state and local gover,r~ment
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 other,/vise paid for
by the DEPARTMENT prior to the effective date of such termination, shall be as the
DEPARTMENT reasonably determines.
EMD: FFY98 Grant July 9, 1998.doc Page 4 of 9 EM
CERCLA: O01-020-721-1398-C E-HZ
Contract Format as of 11/8/95
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 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.
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
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.
EMD: FFY98 Grant July 9, 1998.doc Page 5of9 EM ~"~'~,~ ~
CERCLA: 001*020-721-1398-CE-HZ Contract Format as of 11/8/95
~5. 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 rel;~ting 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.
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.
EMD: FFY98 Grant July 9, 1998.doc
CERCLA: 001-020-721-1398-C E-HZ
Page 6 of 9
Contract Fermat as of 11/8/95
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 thais agreement
shall be deemed to exist or to bind any of the parties hereto.
21. CONTRACT ADMINISTRATION
a) CONTRACTOR'S representative shall be Stan Laatsch.
b) DEPARTMENT'S representative shall be Dan Staber.
IN WITNESS WHEREOF, the DEPARTMENT and CONTRACTOR have executed this
contract as of the date and year written below.
Linda Burton-Ramsay, Director. ~'
Emergency Management Division
Military Department
Date: ~,/'~ ~
Robert Johr~n, Fire Chief
City of Auburn
Date:
TIN: 91-6001228 '"'
APPROVED AS TO FORM:
Roselyn Marcus
Assistant Attorney General
Date: November 8, 1995
EMD: FFY98GrantJulyg, 1998.doc Page7of9 EM ~'~',~-t
CERCLA: O01-020-721-1398-CE-HZ Contract Format as of 11/8/98
ATTACHMENT A
SCOPE OF WORK
FFY 1998
Contract will fund responder team personnel salary and benefits, to include
overtime pay, associated with the planning, preparation and participation in a regional
response hazardous materials team exercise.
EMD; FRY98 Grant July 9, 1998. doc
CERCLA: 001-020-721 - 1398-C E-HZ
Page 8 of 9
Contract Format as o¥ 11/8/95
ATTACHMENT B
BUDGET
FFY 1998
Personnel costs (wages & salaries, to
include overtime, and employee benefits),
categories A & B:
$3,471' .00
EMD: FFY98 Grant July 9, 1998.doc
CERCLA: 001-020-721-1398-C E.HZ
Page 9 of 9
t as of 11/8/95