HomeMy WebLinkAbout5260ORDINANCE NO. 5 2 6 0
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AUTHORIZING THE ACCEPTANCE OF CERTAIN
EQUIPMENT FROM KING COUNTY, THE RECIPIENT OF U.S.
DEPARTMENT OF JUSTICE MONIES UNDER THE STATE AND LOCAL
DOMESTIC PREPAREDNESS EQUIPMENT SUPPORT PROGRAM
PROJECT, TO RESPOND TO TERRORIST INCIDENTS INVOLVING
WEAPONS OF MASS DESTRUCTION, AND AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE THE CERTIFICATIONS AND ASSURANCES
DOCUMENT AND THE DISTRIBUTION AGREEMENT REQUIRED OF SUB-
RECIPIENTS OF EQUIPMENT PURCHASED WITH FEDERAL FUNDS
UNDER THE STATE AND LOCAL DOMESTIC PREPAREDNESS
EQUIPMENT SUPPORT PROGRAM PROJECT, AWARD NO. 98-TE-CX-0016.
WHEREAS, the City Council of the City of Auburn must adopt and
approve all appropriations in the form of property items received through
federally funded grant programs implemented as a state program project
pursuant to Chapter 35A.33 RCW and RCW 35A.11.040; and
WHEREAS, King County was awarded $499,6750 by the U.S.
Department of Justice under the State and Local Domestic Preparedness
Equipment Support Program Project; and
WHEREAS, King County Office of Emergency Management has been
designated Grant Manager for the Local Domestic Preparedness Equipment
Support Program Project; and
Ordinance No. 5260
June 15, 1999
Page 1
WHEREAS, King County is distributing equipment for use by law
enforcement, fire and medical services for use in responding to a terrorist
incident involving weapons of mass destruction; and
WHEREAS, King County made certain assurances to the U.S.
Department of Justice in the grant application; and
WHEREAS, some of the assurances must flow down to local
jurisdictions, specifically, non-discrimination and lobbying requirements as
required in the Certifications and Assurances document; and
WHEREAS, federal funding places property management responsibility
on King County and its subrecipients as provided in Attachment 1 to the
Distribution Agreement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Pursuant to Chapter 35A.33 RCW and Section 35A.11.040
RCW, the City Council hereby approves the acceptance of the equipment
distributed to the City of Auburn by King County pursuant to a grant in the
amount of $499,650 awarded to King County by the U.S. Department of Justice
under the State and Local Domestic Preparedness Equipment Support Program
Project which will provide law enforcement, fire and emergency medical
services with the proper equipment to respond to terrorist incidents involving
Ordinance No. 5260
June 15, 1999
Page 2
weapons of mass destruction and authorizes the execution of the Certifications
and Assurances document and the Distribution Agreement between King
County and the City of Auburn. A copy of the Certifications and Assurances
document is attached hereto as Exhibit "A" and is incorporated herein by this
reference. A copy of the list of Equipment Distributed from King County to the
City of Auburn and the Distribution Agreement, including Attachment 1 thereto,
are attached hereto as Exhibit "B" and are incorporated herein by this
reference.
Section 2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directions of
this legislation.
Section 3. 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: June 21, 1999
PASSED: June 21, 1999
APPROVED: June 21, 1999
Cti g. GoA
CHARLES A. BOOTH
MAYOR
Ordinance No. 5260
June 15, 1999
Page 3
ATTEST:
?Danielle E. Daskam
City Clerk
APPROVED AS TO FORM:
A-4?
J. eynolds
City Attorney
Published: 6 - a s'?S
Ordinance No. 5260
June 15, 1999
Page 4
JUN-10-1999 THU 08:03 AM FAX NO. 93103 P. 05
CERTIFICATIONS AND ASSURANCES
As a sub-recipient of equipment purchased with federal funds under the STATE AND LOCAL
DOMESTIC PREPAREDNESS EQUIPMENT SUPPORT PROGRAM project, Award
Number 98-TL-CX-0016, (City of Auburn) makes the following certifications and assurances:
1. OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968: It will
comply with the applicable provisions of Title I of the Omnibus Crime Control and Safe
Streets Act of 1968, as amended, the Juvenile Justice and Delinquency Prevention Act,
or the Victims of Crime Act, as appropriate; the provisions of the current edition of the
Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1;
and all other applicable Federal laws, orders, circulars, or regulations.
2. CIVIL RIGHTS: It will comply with the nondiscrimination requirements of the
Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or
Victims of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as
amended; Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title
II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education
Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non-
Discrimination Regulations, 28 CFR Part 42, Subparts C,D, E, and G; and Department
of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39.
3. LOBBYING: (Required for funding over $100,000) As required by Section 1352 of
the U.S. Code, and implemented at 28 CFR Part 69, for persons entering into a grant or
cooperative agreement over $100,000, as defined at 28 CFR Part 69, the applicant
certifies that:
(a) No Federal appropriated funds have been paid or will be paid, by or on
behalf of the undersigned, to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in
connection with the making of any Federal grant, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal grant or cooperative agreement;
(b) If any funds other than Federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this
Federal grant or cooperative agreement, the undersigned shall complete and
submit Standard Form - LLL, "Disclosure of Lobbying Activities," in
accordance with its instructions.
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Ordinance 5260
Exhibit "A"
June 15, 1999
Page 1
4
EXHIBIT "A"
JUN-10-1999 THU 08:04 AM FAX NO. 93103 P. 06
(e) The undersigned shall require that the language of this certification be
included in the award documents for all subawards at all tiers (including
subgrants, contracts under grants and cooperative agreements, and subcontracts)
and that all sub-recipients shall certify and disclose accordingly.
Authorized Signature
Mayor
Title
City of Auburn
June 21, 1999.
Date
Ordinance 5260
Exfi it "A"
June 15, 1999-
Page 2
J
5 EXHIBIT "A"
JUN-10-1999 THU 08:04 AM FAX NO. 93103 P. 07
DISTRIBUTION AGREEMENT
This Contract is entered into by KING COUNTY (County) and City of Auburn (Agency),
whose address is 25 West Main Street, Auburn WA 98002. The County is undertaking certain
activities related to the STATE AND LOCAL DOMESTIC PREPAREDNESS EQUIPMENT
SUPPORT PROGRAM Project as funded by the U.S. Department of Justice under Chant
Award Number 98-TE-CX-0016, Under the terms and conditions of Grant Award Number 98-
TE-CX-0016, the County will be distributing specialized emergency response equipment to the
City.of Auburn. The distribution of the equipment is subject to the following terms and
conditions.
I. The Equipment delivered to Agency is as described in the enclosed attachment.
2. The Equipment delivered to Agency is accepted "as is" by the Agency with the
understanding that King County disclaims all warranties for the delivered equipment.
Should the equipment not perform as specified by the vendor, King County will provide
all warranty repair information to Agency.
3. The Agency is responsible for all training related to the proper use, care and
maintenance of the delivered equipment.
4. The County assumes no responsibility for the use, care or maintenance of the delivered
equipment by Agency. Agency shall protect, defend, indemnify and save harmless the
County, its officers, employees and agents from any and all costs, claims, judgments
and/or awards of damages, arising out of or in any way resulting from the negligent acts
or omissions of the Agency, its officers, employees, and/or agents. The Agency agrees
that its obligations under this subparagraph extend to any claim, demand, and/or cause
of action brought by or on behalf of any of its employees, or agents. For this purpose,
the Agency, by mutual negotiation, hereby waives, as respects the County only, any
immunity that would otherwise be available against such claims under the Industrial
Insurance provisions of Title 51 RCW. In the event the County incurs attorney fees
and/or costs in the defense of claims, for damages within the scope of this section, such
fees and costs shall be recoverable from the Agency. In addition County shall be
entitled to recover from the Agency, fees, and costs incurred to enforce the provisions of
this section.
Claims shall include, but not be limited to, assertions that the use or transfer of any
software, book, document, report, film, tape, or sound reproduction or material of any
kind, delivered hereunder, constitutes an infringement of any copyright, patent,
trademark, trade name, and/or otherwise results in unfair trade practice.
Ore.inance 5260
Exh-il5ft "R"'
June 15, 1959:
Page .1
6
EXHIBIT "B"
JUN-10-1999 THU 08:04 AM FAX NO. 93103 P. 08
1. Agency shall comply with the equipment management requirements of Grant Award
Number 98-TE-CX-0016, (Attachment 1 pages 49-50 of US Department of Justice
"Financial Guide" Part III, Chapter 6 dated April, 1996) copy attached an incorporated
by reference as if fully stated herein.
Authorized Signature Authorized Signature
Mayor
Title
City of Auburn (Agency)
June 21, 1999
Date
Ordinance, 526-a
Ili jt _"v"'-
Jnne. 15, 1994
Page- 2
Title
King County
Date
7
] ? U "B"
JUN-10-1999 THU 08:04 AM
3. 1Ylanagement.
FAX NO. 93103
a_ A State shall manage equipment acquired under an award by the State, in
accordance with State laws and procedures.
b. ' Other government recipient and subrecipient procedures for managing equipment
(including replacement), whether acquired in whole or in part with project funds
,
will, at a minimum, meet the following requirements:
(1) Property records must be maintained which include:
(a) Description of the property;
(b) - Serial number or other identification number;
(c) Source of the property;
{d) : Identification of who holds the title;
(e) Acquisition date;
(f) Cost of the property;
(g) Percentage of Federal participation in the cost of the property;
(h) Location of property;
(i) Use and condition of the property; and
(j) Disposition data including the date of disposal and sale price.
April 19%; Pan III; Chapccr 6 a9
Ordinance 5267CY
June 15, 19-
Page- 3
EXHIBIT "B? ? r L t, r- t \'r 'f
P. 09
JUN-10-1999 THU 08;03 AM FAX NO. 93103 P. 04
Name of Jmisdiction or Agency: City of Auburn_
Contact Person: Fire Chief Robert Johnson
EQUIPMENT DISTI2MUTED
FROM
TAG COUNTY
TO'
(City of Auburn)
EQUIPMENT QUANTITY
APD 2000 Chemical Detector 1 ea.
Dragger Chemical Detector 2 ea.
M256A1 Chemical Detector & Trainer 1 ea. _
Smart Ticket Biological Agent Detector Kit 1 ea.
Ludlum Radiological Detector 2 ea.
Escape Masks (35-law; 20-fire) 55 ea.
Chem Tape (rolls) 18 ea.
B/C Suits 13 ea.
B/C Suits for Fire Zone Storage Depot 110 ea.
Tingley Boots for Fire Zone Storage Depot 50 pr.
SWAT B Suit 7 ea.
SWAT Boots 7 pr
Zumro Inflatable Tent wl Water Heater 1 ea.
Orcl tnance 526Q
IX ft- "B!"
June_ 15, M
Pale: 4
3
EXHIBIT "B"