HomeMy WebLinkAbout3483RESOLUTION NO. 3 4 8 3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AUTHORIZING THE MAYOR TO ACCEPT
EQUIPMENT, AS PROVIDED BY U.S. DEPARTMENT OF JUSTICE
GRANT FFY01 DO J, FROM THE WASHINGTON STATE MILITARY
DEPARTMENT AS DISTRIBUTED TO THE KING COUNTY OFFICE OF
EMERGENCY MANAGEMENT FOR THE PURPOSE OF PASS-
THROUGH TO THE CITY OF AUBURN FOR USE AS EQUIPMENT
REQUIRED TO PROPERLY RESPOND TO TERRORIST INCIDENTS
INVOLVING WEAPONS OF MASS DESTRUCTION.
WHEREAS, Pursuant to RCW 35A.11.040 the Auburn City Council may exercise
its powers to accept a grant for any public purpose and may carry out any conditions of
such grant when not in conflict with state or federal law; and,
WHEREAS, it is to the City of Auburn's advantage to accept the equipment being
offered to the City from the U.S. Department of Justice Grant FFY01 DO J, from the
Washington State Military Department as distributed to the King County Office of
Emergency Management.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. AUTHORIZATION. The Mayor is authorized to accept the
equipment, as provided by U.S. Department of Justice Grant FFY01 DO J, from the
Washington State Military Department as distributed to King County Office of
Emergency Management for the purpose of pass-through to the City of Auburn of the
equipment as required to properly respond to terrorist incidents involving weapons of
mass destruction. Attached hereto marked as Exhibit "A" and incorporated herein is the
Washington State FFY01-DOJ Equipment Grant with Attachments A, B, C, D and E.
Resolution No.3483
June 12, 2002
Page 1
Section 2. IMPLEMENTATION. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out the directions of this
legislation.
Section 3.
force upon passage and signatures.
EFFECTIVE DATE. This Resolution shall take effect and be in full
ATTEST:
Danielle Daskam
City Clerk
PETER B. LEWIS MAYOR
APPROVED AS TO FORM:
Daniel B. Held,
City Attorney
Resolution 3483
June 12, 2002
Page 2
Attachment A
King County - FFY01 DOJ Equipment Grant
Name of Jurisdiction or Agency: King County Department of Executive Services,
Office of Emergency Management (OEM)
Contact Person: Shad Burcham, OEM; Telephone 206-205-8106
WMD FFY01 EQUIPMENT PROJECTED TO BE DISTRIBUTED
FROM
WASHINGTON STATE MILITARY DEPARTMENT
TO
King County Office of Emergency Management with Pass-Through to the City of
Auburn
Equipment Item Unit Cost Qty Total Cos! Discipline
Category
Personal rrelleborg VP-1 Universal Level A $2,000.0(: 2 $4000.0(: (2) HAZ
Protective ~,hemical Suit. One piece NFPA
:ompliant. Medium duty/reusable.
Trelleborg testing equipment for fully $457.73 I $457.73 (1) HAZ
encapsulated suits, Part # 487090077
Kappler Level B or C Hooded Chemical $35.8c. 102 $3660.7E 1102) FIRE
Protective Suit. Model CPF- 3, with 2K
option. Sold 6 per case.
Ansell Nitrile gloves, .022 minimum $3.77 102 $384.54 (102) FIRE;
thickness, used with Level B or C
ensemble.
.Vehicle Kit consisting of: 1 ea B/C suit, 1 $79.72 per kii 22 $1753.84 (22) LEA
)r DSC latex Champion Booties, f pr.
Ansell Nitrile gloves, I ea. MSA
Advantage CBA-RCA canister (Chem-biol
DSC Latex Champion Bootie. Sold 50 $2.49 per pair. 22 Counted in (22pr) LEA
)air/case vehicle kil
Kappler Chem-Tape, 2" x 60 yds, 24 $13.94 per roll 22 Counted in 22pr) LEA
rolls/case, vehicle ki~
· Ansell Nitdle gloves, .022 minimum $3.77 per pair 22 Counted in 22pr) LEA
. thickness, used with Level Bor C . vehic!ekil
ensemble.
MSA, Advantage CBA-RCA canister for $23.63 per 22 Counted in (22) LEA
APR, used for chem/bio and dot control, canistel vehicle kil
Pkg. of 6
DSC Latex Champion Bootie. Sold 50 $124.50 2 cases $249.0(~ 200) FIRE;
)air/case.
Kappler Chem-Tape, 2" x 60 yds, 24 $334.60 2 cases $669.2(; (5) FIRE;
rolls/case.
Detection
9iological Air Sampler- collects air $9,625.00 1 $9,625.00 (1) HAZ
~articulates into buffer for testing at lab.
Part # BT-550
Guardian BTA System-Standard System, $7,805.00 I $7,805.0(~ (1) HAZ
Reader, Anthrax, SEB, BoTox, Plague,
Ricin, Trng strips, collection kit.
Total Jurisdictional Value of Equipment: $28,605.09 $
Page 1 of 2
Attachment A
King County - FFY01 DOJ Equipment Grant
I, on behalf of T~~urn, WA,, agree to accept the equipment listed above.
·
Peter Lewis
Mayor
~ ~/~'-d Z..
Date
Page 2 of 2
Attachment B
King County - FFY01 DOJ Equipment Grant
CERTIFICATIONS AND ASSURANCES
As a recipient of equipment purchased with federal funds under the STATE AND
LOCAL DOMESTIC PREPAREDNESS EQUIPMENT SUPPORT PROGRAM project,
Award Number (2002-TE-C0048) (CFDA 16.007), The city of Auburn, WA makes the
following certifications and assurances:
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.
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 Cdme 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.
LOBBYING: 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, aMember 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.
Page 1 of 2
Attachment B
King County- FFY01 DOJ Equipment Grant
c) 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
~s shall certify and disclose accordingly.
Peter L'~v~s -
Mayor, City of Auburn
Date
Page 2 of 2
· Chapter
· Chapter
· Chapter
· Chapter
· Chapter
· Chapter
8: Confidential Funds
9: Subawards
Attachment C
King County- FFY01 DOJ Equipment Grant
III -- POST AWARD
REQUIREMENTS
Chapter 1: Payments
Chapter 2: Period of
Availability of Funds
Chapter 3: Matching or Cost
Sharing
Chapter 4: Program Income
Chapter 5: Adjustments to
Awards
Chapter 6: Property and
Equipment
Chapter 7: Allowable Costs
10: Procurements Under Awards of Federal Assistance
11: Reporting Requirements
12: Retention and Access Requirements for Records
13: Sanctions
· Chapter 14: Termination for Convenience
-- Chapter 15: Costs Requiring Prior-Approval
· Chapter 16: Unallowable Costs
· Chapter'17: Indirect Costs
· Chapter 18: Closeout
· Chapter 19: Audit Requirements
Page 1 of 3
Attachment C
King County- FFY01 DOJ Equipment Grant
Chapter 6: Property and Equipment
Acquisition of Property and Equipment. Recipients/subrecipients are required to be
prudent in the acquisition and management of property with Federal funds.
Expenditure of funds for the acquisition of new property, when suitable property
required for the successful execution of projects is already available within the
recipient or subrecipient organization, will be considered an unnecessary expenditure.
Note: Equipment purchased using funds made available under Federal grants shall be
year 2000 compliant and shall be able to process all time/date data after December
31, 1999.
Screening. Careful screening should take place before acquiring property in order to
ensure that it is needed with particular consideration given to whether equipment
already in the possession of the recipientJsubrecipient organization can meet identified
needs. While there is no prescribed standard for such review, recipient/subrecipient
procedures may establish levels of review dependent on factors such as the cost of
the proposed equipment and the size of the recipient or subrecipient organization.
The establishment of a screening committee may facilitate the process; however, a
recipient or subrecipient may utilize other management techniques which it finds
effective as a basis for determining that the property is needed and that it is not
already available within the recipient's organization.
The awarding agency's program monitors must ensure that the screening referenced
above takes place and that the recipient/subrecipient has an effective system for
property management. Recipients/subrecipients are hereby informed that if the
awarding agency is made aware that the recipient/subrecipient does not employ an
adequate property management system, project costs associated with the acquisition
of the property may be disallowed.
Loss, Damage, or Theft of Equipment. Recipients/subrecipients are responsible for
replacing or repairing the property which is willfully or negligently lost, stolen,
damaged, or destroyed. Any loss, damage, or theft of the property must be
..... investigated and fully documented andmade pa~ of th'e official project records.
Real Property Acquired with Formula Funds.
1. Land Acquisition. Block/formula funds CANNOT be used for land acquisition.
2. Title. Subject to the obligations and conditions set forth in the award, title to real
property acquired under an award or subaward vests, upon acquisition, in the recipient
or subrecipient.
3. Use of Real Property. The recipient and its subrecipients may use real property
acquired, in whole or in part, with Federal funds for the authorized purposes of the
original grant or subaward as long as needed for that purpose. The subrecipients shall
maintain an inventory report which identifies real property acquired, in whole or in part,
Page 2 of 3
Attachment C
King County- FFY01 DOJ Equipment Grant
with block or formula funds. The recipient or subrecipient shall not dispose of or
encumber its title or other interests.
4. Disposition. The subrecipient shall obtain approval for the use of the real property
in other projects when the subrecipient determines that the real property is no longer
needed for the original grant purposes. Use in other projects shall be limited to those
under other Federally-sponsored projects or programs that have purposes consistent
with those authorized for support by the State. When the real property is no longer
needed as provided above, the subrecipient shall request disposition instructions from
the State. The State shall exercise one of the following:
a. Direct the real property to be transferred to another subrecipient or a criminal justice
activity needing the property, provided that use of such real property is consistent with
those objectives authorized for support by the State.
b. Return all real property furnished or purchased wholly with Federal funds to the
control of the awarding agency. In the case of real property purchased in part with
Federal funds, the subrecipient may be permitted to retain title upon compensating the
awarding agency for its fair share of the property. The Federal share of the property
shall be computed by applying the percentage of the Federal participation in the total
cost of the project for which the property
was acquired to the current fair market value of the property. In those instances
where the subrecipient does not wish to purchase real property originally purchased in
part with Federal funds, disposition instructions shall be obtained from the awarding
agency.
Page 3 of 3
Attachment D
King County - FFY01 DOJ Equipment Grant
DISTRIBUTION AGREEMENT
This Contract is entered into by King County Department of Executive Services, Office
of Emergency Management and the City of Auburn (Final Receiving Organization or
subrecipient), whose address 25 West Main Street, Aubum, Washington 98002. The
Department 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 Grant Award Number (2002-TE-
C0048). Under the terms and conditions of Grant Award Number 2002-TE-C0048, the
Department 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.
The equipment delivered to the City of Auburn (Final Receiving Organization or
Subrecipient) is as described in Attachment A.
The equipment delivered to Subrecipient is accepted "as is" 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 the City of Auburn.
The City of Auburn is responsible for the exchange of equipment with like items
for proper size, etc. King County will provide all exchange information to the
City of Auburn.
The City of Auburn is responsible for all training related to the proper use, care
and maintenance of the delivered equipment.
5. King County assumes no responsibility for the use, care or maintenance of the
delivered equipment by the City of Auburn. The City of Auburn shall protect,
defend, indemnify and save harmless King 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
King County, its officers, employees, and/or agents. The City of Auburn 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 City of Auburn, by mutual negotiation, hereby
waives, as respects King County only, any immunity that would otherwise be
available against such claims under the Industrial Insurance provisions of Title
51 RCW. In the event King 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 City of Auburn. In addition, King County
shall be entitled to recover from the City of Aubum, fees, and costs incurred to
enforce the provisions of this section.
Page 1 of 2
Attachment D
King County - FFY01 DOJ Equipment Grant
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.
The City of Auburn shall comply with the Department of Justice Post Award
Requirements, Chapter 6: Property and Equipment, of Grant Award Number
(To Be Determined), Attachment C, copy attached and incorporated by
Mayor
Paul Tanaka
County Administrative Officer
City of Auburn
JUN 1_ "/ZOOZ
Date
King County
Date
Page 2 of 2
Attachment E
Washington State - FFY01 DOJ Equipment Grant
City of Auburn Point of Contact for Delivery
(Must be equipped to accept large pallets of equipment.)
Name: Bob Johnson
Title: ~'i,-~ (~hi ~,f
Organization: city of Aubu_~m
Shipping Address (cannot be a PO Box): 1101 "D"
City, State, Zip: A~ ~ 98002
Fax Number: 253.931.3055
Phone Number: 253.931.3060
E-mail Address: bjohnso@ci.auburn.wa.us
Page 1 of 1
(Date)
Attachment F
Washington State - FFY01 DOJ Equipment Grant
SAMPLE HAND RECEIPT
Name
Organization
Address
City, State, Zip
I hereby acknowledge receipt of the following equipment from the State Domestic
Preparedness Equipment Support Program.
Description Model # Serial # (if any)
Kappler Lvl B/C hooded chem prot. Suits, CPF-3
Auburn Fire
DSC latex Champion Booties, Size XXL;
Auburn Fire
Ansell Nitrile Gloves, .022 min thickness, size large;
Kappler Chem Tape 2"x60yds, 24 rolls/case
Quantity
17 cases (6 per case) for
2 cases (50 per case) for
102 pr. For Auburn Fire
2 cases for Auburn Fire
Trelleborg Lvl A Chem Suits, 1 Piece NFPA compliant size XXL, 8 ea. 2ea. For Auburn,
Kent, Renton, Federal Way Hazmat Teams
Trelleborg Test Equipment Part # 487090077; 4 each; 1 ea. For Auburn, Kent, Renton,
Federal Way Hazmat Teams
Biological Air Sampler, Part # BT550 lea. For Auburn Hazmat
Guardian BTA System Reader Collection Kit w/strips (Anthrax, SEB, Botox, Plague,
Ricin) 1 ea. For Auburn Hazmat
Vehicle Kits (1 ea.B/C Suit, 1 pr. Booties, 1 pr. Gloves, 1 ea. Chem Tape Roll, 1 ea.
Chem-Bio filter canister) 22 kits for Auburn Police
We understand this is a one-time grant and, as such, the City of Auburn (final receiving
organization or sub-recipient) is responsible for the maintenance, training, and proper
storage of the equipment. Equipment lost, stolen, or unrepairable will not be replaced.
We also hold the Department of Justice, the Washington State Military Department and
King County harmless for any and all damages that may result from the acceptance of
this equipment, including data loss.
Signed by: Date
Title:
Telephone:
Page 1 of 1
INDEX OF ATTACHMENTS
Washington State - FFY01 DOJ Equipment Grant
This list is a summary of the attachments discussed in the letter and also indicates the
action needed by the final receiving agency (subrecipient).
Attachment A: WMD 01 Equipment Projected to be Distributed from Washington
State Military Department through KC OEM to the City of Auburn Signed:/
Yes ,/ No
Attachment B: Certifications and Assurances (Attachment must be signed.)
Signed:
Yes / No
Attachment C: Department of Justice Property and Equipment Post Award
Requirements
Please initial:
Concur ,_./~(,,~
Attachment D: Distribution Agreement (Attachment must be signed.)
Signed:/
Yes ~/ No
Attachment E: Agency Point of Contact for Delivery
Completed (Please initial):
Yes V,/' No