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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