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