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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. ------------ 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"