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HomeMy WebLinkAbout3450RESOLUTION NO. 3 4 5 0 AN RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO APPROVE ACCEPTANCE AND APPROPRIATION OF GRANT FUNDS IN THE AMOUNT OF ONE THOUSAND SEVEN HUNDRED SEVENTY-EIGHT DOLLARS ($1,778) FROM THE WASHINGTON STATE MILITARY DEPARTMENT, EMERGENCY MANAGEMENT DIVISION AND AUTHORIZING THE EXECUTION OF THE ATTACHED MEMORANDUM OF AGREEMENT (EM03-0180) AND SUPPORTING DOCUMENTS. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Purpose. Pursuant to Chapter 35A.33 RCW, the City hereby approves the expenditure and appropriation of a total amount of ONE THOUSAND SEVEN HUNDRED SEVENTY-EIGHT DOLLARS ($1,778) which constitutes funds for participation in a hazardous materials interoperability exercise involving eight (8) King County hazardous materials response providers, to be conducted on April 17, 2002. The exercise will provide HazMat first responders the opportunity for hands on training designed to improve multi jurisdictional HazMat response capabilities through Agreement EM03-0180, Funding source FEMA-EMPG-#73316, Funding Source Award #EMS-2002- G R-3093. Resolution No. 3450 March 25, 2002 Page 1 Section 2. The Mayor and City Clerk of the City of Auburn are authorized to execute Memorandum of Agreement (EM03-0180) with the Auburn Fire Department Hazardous Waste Department for 2002 State and Local Assistance (Funding source FEMA-EMPG-#73316, Funding Source Award #EMS-2002-GR-3093) with Washington State Military Department for the expenditure and appropriation of said funds. A copy of said Agreement is attached hereto and designated Exhibit "A" and incorporated by reference herein. Section 3. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation - ~ ! CITY OF AUBURN P TER B. LEWIS MAYOR Resolution No. 3450 March 25, 2002 Page 2 ATTEST: , 12~,~ Danielle E. Daskam, City Clerk APPROV,ED AS TO FORM: Daniel B. Heid, City Attorney Resolution No. 3450 March 25, 2002 Page 3 Agreement #EM03-0180 March 12, 2002 MEMORANDUM OF AGREEMENT King County Hazardous Materiais Providers Interoperability Exercise Washington State Military Department AND Auburn Fire Department Building #1, M.S. TA-20 101 D St NE Auburn Camp Murray, Tacoma, WA .98430-5000 WA 98002-4016: (253) 512-7069 FAX: (253) 512-7207 (253) 931-3060 Re: Mark Ligman Re: Stan Laatsch, Battalion Chief Maximum Amount: $1,778 Beginning Date: April 1, 2002 Expiration Date: June 30, 2002 INTRODUCTION: The Washington State Military Department, Emergency Management Division (EMD), through its Emergency Management Performance Grant (EMPG) provides funds to increase state and local effectiveness in safely and efficiently handling hazardous materials (HazMat) accidents and incidents, and encourages a comprehensive approach to emergency training and planning. The Year 2002 State and Local Assistance (SLA) grant is providing funds to help offset cost associated with conducting a multi-jurisdiction HazMat exercise. This exercise will provide King County HazMat first responders the opportunity for hands-on training designed to improve multi-jurisdictional HazMat response capabilities. (Funding source FEMA-EMPG- #73316, Funding Source Award #EMS-2002-GR-3093) The Contractor Agrees To: 1) Participate in a hazardous materials interoperability exercise involving eight (8) King County hazardous materials response providers, to be conducted on April 17, 2002. 2) Provide a like or in-kind match to the amount expended against this contract up to the maximum amount authorized by this contract. 3) Submit inputs to the King County HazMat Response Providers Operations Board, for the preparation of lessons learned and after action reports. 4) Submit a final signed, approved invoice voucher (state form A-19) to the Military Department within 45 calendar days following the end of the period in which the work was performed. Each invoice will be accompanied by documentation of expenses and the tasks accomplished-to-date and the number of participants that attended. The Department Agrees To: . 1) Reimburse the Contractor within 30 days of receipt and approval of a final signed, dated invoice voucher(s) (state form A-19) and documentation of satisfactory completion of tasks-to-date, NUMBER OF PARTICIPANTS, and documentation of costs. This Statement of Work and the General Terms located on page 2, govern the rights and obligations of the parties to this contract. In the event of any ambiguity, this agreement will follow and abide by the standard terms, conditions and assurances as indicated by the funding source identified above. IN WITNESS THEREOF, the parties hereto have executed this agreement on the day and year last specified below. ~ BY: BY: Signature Date Signature Date Glen L. Woodbury, Director Date Pete Lewis, Mayor Emergency Management Division City of Auburn Washington State Military Department TI N 91-6001228 APPROVED AS TO FORM ONLY: Marjorie T. SmitCh (signature on file) 9/11 /01 Assistant Attornev General Resolution 3450 Exhibit "A" Appr form: D iel B. , ity Attorney Agreement #EM03-0180 GENERAL TERMS 1) ADVANCE PAYMENTS PROHIBITED: No payments in, advance or in anticipation of services or supplies to be provided under this contract shall be made by the Department. 2) CHANGES AND MODIFICATIONS: Any such changes that are mutually agreed upon by the parties to this contract or grant shall be incorporated herein by written amendment to this agreement. Any oral understanding or agreements not incorporated herein, shall not be binding. 3) 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. The Contractor is required to provide to the Department copies of receipts for any travel related expenses other than meals and mileage that are authorized under this contract. 4) DISPUTES Except as otherwise provided in this contract, when a bona fide dispute arises between the parties and it cannot be resolved through discussion and negotiation, either party may request a dispute hearing. The parties shall select a dispute resolution team to resolve the dispute. The team shall consist of a representative appointed by the Department, a representative appointed by the Contractor, and a third party mutually agreed upon by both parties. The team shall attempt, by majority vote, to resolve the dispute. The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial tribunal. 5) HOLD HARMLESS: The Contractor agrees to defend, hold harmless, and indemnify the State of Washington and the Military Department, their officers, agents, employees, and assigns against any and all damages or claims from damages resulting or allegedly resulting from the Contr~6tor's performance or activities hereunder. 6) 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. In the event of a lawsuit involving this contract, venue shall be proper only in Thurston County. The Contractor, by execution of this contract, acknowledges the jurisdiction of the courts of Washington in this matter. 7) TERMINATION 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 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) 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. 8) LOSS OF FUNDING: In the event funding from state or federal sources is withdrawn, reduced, or limited in any way after the effective date of the agreement, the Military Department may terminate the agreement under the "Termination" clause. Approved 9/11/01 Resolution 3450 Exhibit "A" 51LatVH 1 UKC HU I nvrz~~r► ~ V■•r■ WASHINGTON STATE MILITARY DEPARTMENT r Camp Murray, Washington 98430-5122 ~,rio i,Afnra r.mmnletina thlS \WAC-1\V0L1U-t0MENKARENB\.... \WPSIGNAUTH Revised 5100 VAME Of' UH(aA1VIGH 1 IvN City of Auburn iJl-{VJtCo 1 UGo%jnlr i 1vl• nl i-runQ171KIr-, At1THORITY AUTHORIZED TO SIGN CONTRACTS/CONTRACT AMENDMENTS SIGN-AI-URE PRINT OR TYPE NAME oC1AAR1 IRc:zFMFNT Finance Director FOff[1 W.V (Rev. Ncvember 7999) peparv-t of tne 7reawry 0 a ~ ~ 0 Y C n. m N a m Name Qf a Joint accou~t o~ YW Busineu name, i( dlflerent Request for Taxpayer identification Number and Certification ed your name, see SpeciCe Inswctions on page 2.) (See Specific Instrucdons on page 2) Check aPProp~ate box: ❑ IndrviduaVSoie qddress (number, stree4 and apt or wite noa . 25 W Main St City. state. artd 21P code Auburn WA 98001 a Enter your 71N In the appropriate box. For individuals, this is your social securiry number (SSN). However, if you are a resident alien OR a sole proprietor. see the insvucdons on page 2. For other entities, it is your employer identification number (EIM• if you do noi have a number, see How to get a 71N on page 2. Note: if the account u In more than one name, see the chart on page 2!or guidernes on whose number to enter. Give torm to the requester. Do NOT send to the IRS. ~--cither > ..1.G~LC~111ls1....: Requester's name and addcess (opUonaq list account rwmber(s) here (optiona9 Sociai securiry number OR 9 • ~ 'For Payees Exempt From Backup Withholding (See the insWctions on pa(le 2.) Under penaldes o( perjury• I certi(y chac: 1. The number shown on this torm is my coaect taxpayer identification number (or I am waiting tor a ~umber to be issued to me), and vvi the not ave or the IRS has Internal 2. I am not nrice t tha I witholdinecause: 'bjectto backup withholding as ar sult of a f lu e toir p rt al inhe est or dbeen Revene 5e 0RS) notified me that I am no longer su bjec t to b a c k u p w i t h h o t d i n g. CertiC►cation instructions. You must cross out item 2 above if you have been noGfied by the IRS that you are cuRently subject to backu p I P~ retum For estate vvichholding becaus 5` ° rn or abandomm ~t of secu didends tion ot debt, contributions to an individuaaretirement For mottgage intere paid, acquistio arrangement (IFtI). and generally, payments other than interest and dividends, you are not required to sign the Certification, but you mus provide your correct TIN. (See che insuuccions on page 2.) Sign Here Signature ► Purpose ot (orm. A person who is t.-I required to file an information return with the IRS must get your correct taxpayer identification number (fiN) to report, tor example, income paid to you, reai estate Vansactions, mortgage interest you paid, acquisition or abandonment ot secured property, cancelYation of debt, or contr►buuons you made to an IRA. Use Form W,-9, i( you are a U.S. person (ncludir~g a resident alien), to give your correct 7iN to the person requesting it (the requester) and, when applicable, to: 1. Certity the 71N you are giving is correct (or you are waiung tor a number to be issuec). 2. Ceni(y you are not subject to backup withhoiding, or 3. Ciaim exemption from backup withholding if you are an exempt payee. !f you are a foreign person, iRS preters you use a Form W-8 (ce(tificate o( toreign status). A(ter December 31, 2000, foreign persons must use an appropriate Form W-8. IVote: if a requester gives you a form othei than Form W-9 to request your 7fN, you must use the requester's form If it is substantially slmilar to this Form W-9. Date ► 4/1/02 What is backup withholding? Persons making certain payments to you must withhold and pay to the IRS 31%•of such payments under certain conditions. 7his is called "backup wichholding " Payments that may be subject to backup wdhholding inciude interest, dividends, broker and, barter exchange transactions, rents, royalties, nonempioyee pay, and certain payments (rom fishing boat operators. Real estate Vansactions are not subject to backup withholding. If you give the requester your correct 71N, make the proper certifications, and report ail your taxabte interest and dividends on your tax retum, payments you receive wdl not be subJect to backup withholding. Payments you receive wiil be subject to backup withholding if: 1. You do not furnish your TIN to the requester, or 2. You do not certify your TIN when required (see the Pact III inswctions on page 2 for details), or 3. 7he IRS teils the requester that you turnished an incorrect TIN, or 5. You do not certify to the reques[er that you are not subject to backup withholding under 3 above (tor reportable interest and dividend accounts opened after 1983 only). Certain payees and payments are exempt trom backup withholding. See the Part Il instrucdons and the separate Instructions tor the Requester oi Form W-9. Penalties Failure to furnish TIN. If you fail to turnish your correct 71N to a requester, you are subjeci to a penalty of $50 tor each such failure unless your fadure is due to ~eG~ reasonable cause and not to wiliful neg Civil penalty tor talse information with respect to withhoiding. lf you make a false statement with no reasonable basis that resuits In no backup wichholding, you are subject to a $500 penalty. Criminal penaity for falsitying intormation. Wilifutly falsifying certifications or affuma[ions may subject you to criminal penalties including fines andlor imprisonment. Misuse of 7INs. If the requester discloses or uses TINs In violation ot federal law, t'1e reques'ter may be subject to civil and criminal penalties. 4. The IRS te11s you that you are subject to backup withholding because you did not report atl your interest and dividends on your tax return (for reportable interest and dividends only), or ['aL No. 10231X Form W-9 (Rev.11-991