HomeMy WebLinkAbout3452RESOLUTION NO. 3 4 5 2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE EXECUTION OF
CONTRACT NO. EM03-0197 BETWEEN THE WASHINGTON
MILITARY DEPARTMENT AND THE CITY OF AUBURN AND
AUTHORIZING ACCEPTANCE, APPROPRIATION AND
EXPENDITURE OF FUNDS IN AN AMOUNT NOT TO EXCEED
SIX HUNDRED FIFTY-SIX DOLLARS ($656) AS
REIMBURSEMENT FROM THE STATE OF WASHINGTON
MILITARY DEPARTMENT, EMERGENCY MANAGEMENT
DIVISION (EMO), BY THE FEDERAL EMERGENCY
MANAGEMENT AGENCY (FEMA) FOR THE SOLE PURPOSE OF
SUPPORTING STATE AND LOCAL ASSISTANCE (SLA)
PROGRAMS AS PROVIDED BY FEMA.
WHEREAS, acceptance of the State of Washington Military Department,
Emergency Management Division funds, which funds are provided by the
Federal Emergency Management Agency (FEMA) for the sole purpose of
supporting State and Local Assistance (SLA) programs, will benefit the citizens
of Auburn; and
WHEREAS, the Auburn City Council must adopt and approve all
appropriations pursuant to RCW 35A.33.
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 Council
hereby authorizes the execution of Contract No. EM03-0197 between the
Washington Military Department and the City of Auburn and approves the
Resolution 3452
March 27, 2002
Page 1
expenditure and appropriation of funds in an amount not to exceed Six
Hundred Fifty-Six Dollars ($656.00) 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 supporting State and Local Assistance (SLA) programs as
provided by FEMA. A copy of said Contract EM03-0197 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 supporting
State and Local Assistance (SLA) programs as provided by FEMA from April 5,
2002 to April 7, 2002.
Section 3. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directions of
this legislation.
DATED and SIGNED this Is+ day of April, 2002.
CI *AUBURN
PETER B. LEWIS
MAYOR
Resolution 3452
March 27, 2002
Page 2
ATTEST:
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u:;~CU°~=C~-~{
Danielle E. Daskam,
City Clerk
Resolution 3452
March 27, 2002
Page 3
APPROVED AS TO FORM:
Agreement #tM03-0197
March 21, 2002
MEMORANDUM OF AGREEMENT
Annual Statewide Hazmat Workshop
Washington State Military Department AND Auburn Fire Department
Camp Murray, Building #1, M.S. TA-20 1101 D Street NE
Tacoma, WA 98430-5000 Auburn, Wa 98002-4016
(253) 512-7069 FAX: (253) 512-7207 (253) 931-3060
Contact Person: Mark Ligman Contact Person: Chief Stan Laatsch
Maximum Amount: $656 or $164 per participant Beginning Date: April 5, 2002 Expiration Date: April 7, 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 costs associated with attending a multi-jurisdiction
annual statewide HazMat workshop April 6-7, 2002. This workshop will provide multi-jurisdiction first
responders the opportunity for training designed to improve multi-jurisdictional HazMat response capabilities.
Funding Source: This coriira;i ls io cui-iiirigent upon the receipt of federal funds awarded for this purpose.
(PI# 73316 Object N, Funding Source Award # EMS-2002-GR-3093)
The Contractor Agrees To:
1. Provide first responders who will participate
Materials Workshop during April 6-7, 2002.
2, Provide EMD with the names of those from
Materials Workshop and notify EMD at least
in four of the six subjects offered at the Hazardous
the jurisdiction that will be attending the Hazardous
one week before if the names or number attending
changes.
3. Return this contract, signed, to EMD by March 29, 2002 or the contract will be VOID.
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, in an amount not to
exceed $656 or $164 per participant, whichever is lower. The invoice will be accompanied by
documentation of expenses, a list of the subjects participated in, and the number of participants that
attended. Reimbursement is only for actual costs related to the attendance at the workshop named
above.
The Military Department Agrees To:
1. Reimburse the Contractor within 30 days of receipt and approval of a final signed, dated invoice
voucher (state form A-19), documentation of costs related to the attendance at the workshop, the
Department will reimburse the Contractor up to the maximum of $656 or $164 per participant (actual
cost), whichever is lower.
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 be governed by the standard terms,
conditions and assurances as provided 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
Signature Date
Glen L. Woodbury, Director
Emergency Management Division
Washington State Military Department
APPROVED AS TO FORM:
Marjorie T. Smitch (Signature on File) 9/11/01
Assistant Attorney General
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BY:
Signature Date
Pete Lewis, Mayor
City of Auburn
A~Q, 3qJZ
TI N# 91-6001228
10(/,/
Hgreement ircnnu;s-ui yi
GENERALTERMS
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 reguest 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 Contractor'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.
Form Approved 9/11/01
FO„ W-9 Request for Taxpayer Lquesstteer. form to the
Do N07
~e,' N°Yember 1999) Identification Number and Certification to IRS.
n~&v~+«~c of a~. t~,«y .
Mcertui Reew. sentc•
7 Name at a Joint accaunt or you ctwn9ed your name. see Specific InstrveGons on page 2.)
T Cit of AiiVmi-rn
~ gusiness twme. Y dif(ecent fcom above. (See Specific Instructions oe page 2)
0
n ~nd'ividuaUSoie proprietor ❑ CorporoUon ❑ Partnership ❑ Other ►
Q, Check approprTate bex.
N qddress (~,wmber. street, and apt or wke noJ Requesters name and addcess (optioaaq
m • 25 W
a' City. state. ard ZIP code . .
Number
Enter your TIN In che appropriate box. For
individuals, this is your sociat securiry number
sole propr etor, see the instrucdons~ on pag 02 a
For other entities, it is your employer
identification number (EIM• If you do not have a
number, see How to get a TiN on page 2.
IVote: !f the account is In more than one name,
see the chart on page 2!or guidepnes on whose
number to enter.
Sociai seeuriry number
OR
mber
n nu
DMM
List account number(s) here (optionaq
'For Payees Exempt From Backup
Withholding (See the insWctions
on aaqe 2.) _
}
Under penatdes of pedury. i certi(y that
1. The number shown on this form is my coRect taxpayer identification number (or 1 am waicing tor a number to be issued to me), and
2. I am not subject to backup withholding because:,(a) I am exempt from backup withholding, or (b) i have not been notified by the Internal
Revenue Service (IRS) that 1 am subject to backup withholding as a result of a failure to repoR ali interes[ or dividends, or (c) the iRS has
notified me that I am no tonger subject to backup wiehholding.
CeniCcation inswctions. You must uoss out item 2 above if you have been nodfied by che IRS thac you are currently subject to backu PP~~
withholding because you have failed to repoct all interest and dividends on your Wx retum. For real estate transactions, item 2 does not a contlibutions
etirem For mortgage Interean~ pai neapy,spayments other than inte est and divldendsCyou ellreationno c equbed to s gn the Certi i aG'onabutryou must
arrangement QR/~. 9
provide your corcect TIN. (See the insvuctioc►s on page 2.)
Sign
Here
Purpose o( (orm. A person who is "
tequired to file an information return wich
the IRS must ge[ your correct taxpayer
identification number (fIN) to report, tor
example, income paid to you. real estate
uansactions, mortgage interest you paid,
acquisition or abandonment of secured
property, cancelhation of debt, or
contribuuons you made to an IRA.
Use Form W-9, it you are a U.S. person
(ncluding a resident alien), to give your
correct 71N to the person requesting tt(che
requester) and, when applicabte, to:
1. Certi(y the TIN you are giving is
correct (or you are waiting for a number to
be issued),
2. Certify you are not subject to backup
withhotding. or
3. Claim exemption trom backup
withholding if you are an exempt payee.
It you are a foreign person. IRS preTers
you use a Form W-8 (cectificate of foreign
status). Atter Oecember 31, 2000, foreign
persons must use an appropriate Form
W -8.
Note: Ua requester gives you a form other
than Form W-9 to request your 71N, you
must use the requester's form U 1c Is
substaatially slmilar to this Form W-9.
What is backup withholding? Persons
making certain payments to you must
withhold and pay to the IRS 310/6•of such
payments under certain conditions. 7his is
called "backup withholding " Payments
that may be subject to backup wtthholding
include interest, dividends, broker and,
barter exchange Vansactions, rencs,
royalties, nonemployee pay, and certain
payments trom fishing boat operators. Real
estate transactions are not subject to
backup wichholding.
It you give the requester your correct
71N, make the proper certifications, and
report all your taxable interes[ and
dividends on your tax return, payments
you receive will not be subJect to backup
withholding. Payments you receive will be
subject to backup withholding if:
1. You do not furnish your 71N to the
requester, or
2. You do not certify yaur TIN when
required (see the Part Itt instructions on
page 2 for details), or
3. The tRS tells the requester that you
turnished an incorrect 71N, or
5. You do not cettify to the requester
thac you are not subject to backup
withholding under 3 above (for reportable
interest and dividend accounts apened
after 1983 only).
Certain payees and payments are
exempt from backup wichholding. See the
Part II insVuctions and the separate
Instructions for the Requester oi Form
W-9.
Penalties
Failure to turnish 71N.1( you fail to turnish
your correct TIN to a requester, you are
subject to a penalty of S50 for each such
failure unless your fadure is due to
reasonable cause and not to willtul neglect
Civi1 penalty tor false intormation with
respect to withholding. If you make a
false statement with no reasonabte basis
that results In no backup wichholding, you
are subject to a $500 penalty.
Criminal penatty for falsi(ying
information. Willfully talsifying
certifications or affirmations may subJect
you to criminal penalties including fines
and/or imprisonment.
Misuse of TINs. If the requester discloses
or uses TINs In viotation of Federal law, we
requester may be subject to civil and
criminal penalfies. _
4. 7he IRS tells you that you are sudject
to backup withholding because you did not
report all your lnterest and dividends on
your tax return (for reportable interest and
dividends only), or _
rar No_ 10231X
Form W-9 (Rev. 11-99)
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SIGNATUKt AU 1 tluttlLH I lviv rvnivi
WASHINGTON STATE MILITARY DEPARTMENT
Camp Murray, Washington 98430-5122
r,r___,. .,,.,A #nfinnc nn rovarcA C►fIP hP.fnl'E
AAME OF UHGANII-A I iviv
City of Auburn
PROJEG t utSVnir i iviv
ni iTHORIZING AUTHORITY
AUTHORIZED TO SIGN CONTRACTS/CONTRACT AMENDMENTS
SIGNATURE PRINT OR TYPE NAME
cnn RFIMRt 1RSEMENT
Fi nance Dir'eCtor
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