HomeMy WebLinkAbout5321 ORDINANCE NO. 5 3 2 1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AUTHORIZING THE EXECUTION OF CONTRACT NO.
EM019090 BETWEEN THE WASHINGTON MILITARY DEPARTMENT AND
THE CITY OF AUBURN AND AUTHORIZING ACCEPTANCE,
APPROPRIATION AND EXPENDITURE OF FUNDS IN AN AMOUNT NOT TO
EXCEED ONE THOUSAND FOUR HUNDRED THIRTY DOLLARS ($1,430.00)
AS' REIMBURSEMENT FROM THE STATE OF WASHINGTON MILITARY
DEPARTMENT, EMERGENCY MANAGEMENT DIVISION, WHICH FUNDS
ARE PROVIDED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY
(FEMA) FOR THE SOLE PURPOSE OF OFFSETTING LOCAL COSTS IN THE
Y2K ROLLOVER REPORTING PLAN.
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, acceptance of the State of Washington Military Department,
Emergency Management Division, which funds are provided by the Federal
Emergency Management Agency (FEMA) for the sole purpose of offsetting
local costs in the Y2K Rollover Reporting Plan will benefit the citizens of
Auburn; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section I. Purpose. Pursuant to Chapter 35A.33 RCW the City Council
hereby authorizes the execution of Contract No. EM019090 between the
Ordinance No. 5321
December 8, 1999
Page 1
Washington Military Department and the City of Auburn and approves the
expenditure and appropriation of funds in an amount not to exceed One
Thousand Four Hundred Thirty Dollars ($1,430.00) as reimbursement from the
State of Washington Military Department, Emergency Management Division,
which funds are provided by the Federal Emergency Management Agency
(FEMA) for the sole purpose of complying with the status reporting
requirements of the State Y2K Office. A copy of said Contract EM019090 is
attached hereto as Exhibit "A" and is incorporated herein by this reference.
Section 2. The City shall use the funds for the purpose of offsetting
local costs incurred in the process of complying with Y2K status reporting
requirements during the rollover period from December 28, 1999 to January 4,
2000.
Section 3. The' provisions of this ordinance are declared to be separate
and severable. The invalidity of any clause, sentence, paragraph, subdivision,
section or portion of this ordinance, or the invalidity of the application thereof to
any person or circumstance shall not affect the validity of the remainder of this
ordinance, or the validity of its application to other persons or circumstances.
Section 4. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out
the directions of this legislation.
Ordinance NO. 5321
December 8, 1999
Page 2
Section 5. Effective Date. 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: Decemt:~r 20, 1999
PASSED: ~ 20, 1999
APPROVED: Dec~ 20, 1999
CHARLES A. BOOTH
MAYOR
ATTEST:
D L'~/~'j/aC"k "-
askam,D I
City Clerk
APPROVED AS TO FORM:
Michael J. Reynolds,
City Attorney
Published:/4/~?x,//~/(~
Ordinance No. 5321
December 8, 1999
Page 3
CONTRACT BETWEEN
WASHINGTON STATE MILITARY DEPARTMENT
AND
CITY OF AUBURN
Contract Number: EM019090
This CONTRACT, entered into by City of Auburn (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, 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 $1,430.
b) Funding is made available through a grant award from the Federal
Emergency Management Agency (FEMA) award number EMS-1999-PA-
3004. An award requirement is that FEMA funds may not be used to
purchase, upgrade or repair equipment. 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 offsetting
local costs incurred in the process of complying with Y2K status reporting
requirements during the rollover period from December 28, 1999 to
January 4, 2000.
b) The CONTRACTOR agrees to provide the reports according to the frequency
and timing specified in the Y2K Rollover Reporting Plan developed and
distributed by the State Y2K Office. The plan is subject to modification by the
State Y2K Office.
Exhibit "A" , Ordinance No. 5321
Y2K Grant Contract - 11/22/99 1 City of Auburn EM019090
3. CONTRACT PERIOD
The effective date of this contract shall be the date the contract is signed. The
termination date of this contract shall be January 31, 2000.
4. REIMBURSEMENT PROVISIONS
The CONTRACTOR shall mail a Washington State Invoice Voucher to the
DEPARTMENT following the end of the rollover period on January 4, 2000. 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 no
later than February 1, 2000.
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 $300,000 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 auditmust 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.
Y2K Grant Contract - 11/22/99 2 City of Auburn EM019090
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 Focal 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 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 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
Y2K Grant Contract - 11/22/99 3 City of Auburn EM019090
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, madtal 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 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
Y2K Grant Contract - 11/22/99 4 City of Auburn EM019090
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.
I 1. 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 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.
Y2K Grant Contract - 11/22/99 5 City of Auburn EM019090
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.
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.
Y2K Grant Contract - 11/22/99 6 City of Auburn EM019090
19. SEVERABILITY
,,,
In the event any.~.;rrn or condition of this contract or application thereof to any
person 61=,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 'c0nditionsof thi~
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 sh'all be Chief Bob' Johnson
b) DEPARTMENT'S representative shall be Mr. Ken Back
IN WITNESS .WHEREOF, the DEPARTMENT and CONTRACTOR have executed
this contract as of the date and year written below.'
Glen L. Woodbury ~/~ Charles A. Booth, Mayor
Director City of Auburn
Emergency Management Division 25 W. Main Street
Auburn, WA 98001
Military Department 253-931-3041
ASsistant A~o~ney General lie E. D~skam, City Clerk
Date: November8, 1995
Y2K Grant Co~d - 11~9 7 Ci~ of Auburn EM01~90