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Home My WebLink AboutR-1994-062 Reimbursement• RESOLUTION NO. R-94-62 A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to execute a contract between the Washington State Department of Community, Trade and Economic Development and the City of Yakima for reimbursement to the Fire Department for fire mobilization expenses incurred on November 3, 1993 in Benton County on the Red Mountain fire. WHEREAS, and pursuant to RCW 38.54, et seq, and the draft Washington State Fire Services Resource Mobilization Procedures, the Washington State Department of Community, Trade and Economic Development (hereinafter the Department) mobilized the fire fighting resources of the City of Yakima Fire Department on November 3, 1993 in order to respond to the Red Mountain fire in Benton County, Washington, and WHEREAS, and pursuant to RCW 38 54, et seq. the City is entitled to reimbursement for expenses incurred in responding to said mobilization request and in fighting the Red Mountain fire; and WHEREAS, the Department is willing to reimburse the City for said expenses according to the terms and conditions of the attached agreement; and WHEREAS, the City Council deems it to be in the best interest of the City to contract with the Department for reimbursement according to the terms and conditions of the attached agreement, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk are hereby authorized and directed to execute the attached and incorporated agreement with the Washington State Department of Community, Trade and Economic Development for the purpose of obtaining reimbursement for expenses incurred by the City of Yakima Fire Department in responding to the November 3, 1993 Red Mountain fire in Benton County, Washington. ADOPTED BY THE CITY COUNCIL this 24tItlay of May , 1994 ATTEST Keti-o ) c-kfrve— City Clerk (Is)res/reimbursement pm Mayor CONTRACT BETWEEN THE DEPARTMENT OF COMMUNITY, TRADE and ECONOMIC DEVELOPMENT AND City of Yakima Fire Department CONTRACT NUMBER: 1-94-643-14 This CONTRACT, entered into by City of Yakima Fire Department (hereinafter referred to as the Contractor) and the Department of Community, Trade and Economic Development (hereinafter referred to as the Department), witnesses that: Whereas: The Department enacted the draft Washington State Fire Services Resource Mobilization Procedures dated October 1993 in response to fires in Benton County. Whereas: The Department, operating under the draft Washington State Fire Services Resource Mobilization Procedures, mobilized firefighting resources of the Contractor on November 3, 1993. NOW, THEREFORE, in consideration .of covenants, conditions, performances, and promises hereinafter contained, the parties hereto agree as follows: 1. FUNDING DETERMENATION The Department agrees to pay the Contractor for costs incurred as shown on Attachment A, which by this reference is incorporated into this contract. The total state funds to be disbursed to the Contractor under this provision is $831.87. 2. REIMBURSEMENT The Department shall reimburse funds to the Contractor in accordance with the amounts determined in Attachment A. The Contractor shall furnish the Department with an invoice voucher (A -19-1A). Within 20 days of receipt and approval of the invoice, the Department shall remit payment to the Contractor. An example of the invoice voucher (A -19-1A) is included as Attachment B, and which by this reference is incorporated into this contract. 3. CONTRACT PERIOD The effective date of this contract shall be upon execution. The termination date of this contract shall be June 30, 1994. Allowable costs shall be those approved for reimbursement and incurred on November 3, 1993 only. 1 4. RECAPTURE/NONCOMPLIANCE PR.OVLSIONS In the event that the Contractor fails lb expend funds under this contract in accordance with state and federal laws and/or the provisions of this contract., the Department reserves the right to recapture funds in an amount equivalent to the extent of the noncompliance. Such right of recapture shall exist for a period not to exceed three years following contract termination. Repayment by the Contractor of funds under this recapture provision shall occur within 30 days of demand. In the event that the Department is required to institute legal proceedings to enforce the recapture provision, the Department shall be entitled to its costs thereof, including reasonable attorney's fees. 5. EVALUATION AND MONITORING a) The Contractor shall cooperate with and freely participate in any monitoring or evaluation activities conducted, by the Department that are pertinent to the intent of this contract. b) All project record-keeping and/or project audits shall be the responsibility of the Contractor receiving funds. c) The Department or the State Auditor or any of their representatives shall have full access to and the right to examine during normal business hours and as often as the Department or the State Auditor may deem necessary, all of the Contractor records with respect to all matters covered in this contract. Such representatives shall be permitted to audit, examine, and make excerpts or transcripts from such records and to make audits of all contracts, invoices, materials, payrolls, and records of matters covered by this contract. Such rights last for one year from the date final payment is made hereunder. 6. APPLICABLE LAWS AND REGULATIONS The Contractor shall comply with all applicable laws, ordinances, codes, regulations and policies of local, state and federal governments, as now or hereafter amended. 2 7. NONDISCRIIVIIINATION PROVISION There shall be no discrimination against any employee who is paid by the funds indicated in the contract or against any applicant for such employment because of race, color, religion, handicap, marital status, political affiliation, sex, age or national origin. This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, lay-off or termination, rates of pay or other forms of compensation, and selection for training. 8. THE AMERICANS WITH DISABILITIES ACT The CONTRACTOR agrees to comply with the Americans with Disabilities Act of 1990, 42 U.S.C. 12101 et seq. (ADA), and its implementing regulations. The ADA provides comprehensive civil rights to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunications. 9. CONTRACT MODIFICATIONS It is mutually agreed and understood that no alteration or variation of the terms of this contract shall be valid unless made in writing and signed by the parties hereto, and that any oral understanding or agreements not incorporated herein, unless made in writing and signed by the parties hereto, shall not be binding. 10. TERMINATION OF CONTRACT 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, agreement, or stipulations of this contract, the Department shall thereupon have the right to terminate this contract and withhold any remaining allocations if such default or violation is not corrected within twenty (20) 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. 3 11. CONTRACTOR NOT EMPLOYEE OF AGENCY The Contractor, its employees or agents performing under this contract are not deemed to be employees of the Department nor acting as agents of the Department in any manner whatsoever. A representative of the Contractor will. not hold himself/herself out as, nor claim to be an officer or employee of the Department or of the state of Washington by reason hereof and will not make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of the Department or of the State of Washington. 12. SPECIAL PROVISION The Department's failure to insist upon the strict performance of any provision of this contract or to exercise any right based upon a breach thereof or the acceptance of any performance during such breach, shall not constitute a waiver of any right under this contract. 13. HOLD HARMLESS The Contractor agrees to defend, andindemnify the state of Washington and[ the 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. 14. 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. Venue of any suit between the parties arising out of this contract shall be the Superior Court of Thurston County, Washington. 15. SEVERABILITY In the event any term or condition of this contract or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other terms, conditions, or applications of this contract which can be given effect without the invalid term, condition, or application. To this end, the terms and conditions of this contract are declared severable. 16. ENTIRE AGREEMENT This agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this agreement shall be deemed to exist or to bind any of the parties hereto. 4 17. CONTRACT ADMINISTRATION a) b) Contractor's representative shall be Gene Martin, Deputy Chief Department's representative shall be Diane Burnett. IN WITNESS WHEREOF, the Department and Contractor have executed this contract as of the date and year written below. Ed N. Small, Assistant Director Department of Community, Trade and Economic Development Emergency Management Division DATE: APPROVED AS TO FORM: DATE: 3/.711 J qi Emergency Management Division 4220 East Martin Way Post Office Box 48346 Olympia, WA 98504-8346 (206) 923-4922 Contractor Signature Printed Name: DICK ZAIS Title: CITY MANAGER ATTEST: DATE: 5/4.7/,-/ city Clerk CONTRACTOR - Please print the following to expedite Federal Tax ID # (TIN): 91-6001293 Organization: CITY OF YAKIMA Address: 129 NORTH 2ND STREET YAKIMA, WA 98901 Phone: (509) 575-6040 5 urr cOMaRac= FORM A19 -1A (K.,, 5/03) STATE OF WASHINGTON INVOICE VOUCHER AGENCY NAME Department of Community, Trade & Economic Development Emergency Management Division 4220 E. Martin Way, PO Box 48346 Olympia, Washington 98504-8346 *ENDO!! OR CLAIMANT (Warrant 1* to be' payable for Yakima Fire Department 401 North Front Street Yakima, Washington 98901 AGENCY'17SEONLY AGENCY NO: LOCATION. P.R,'Oil AVM. Na 108 INSTRUCTIONS TO VENDOR OR CLAIMANT: Submit this Corm to claim payment for materials, merchandise or services. Show complete detail for each item. Vendor's Certificate. I hereby certify under penalty of perjury that the items and totals fisted herein are proper charges for materials, merchandise or services furnished to the State of Washington, and that all goods furnished and/or services rendered have been provided without discrimination on the grounds of race, creed, color, national origin, sex, e. BY mope w sac Dick Zase, City Manager PURCHASE ORDER 1: (DATE) FEDERAL I.D. NO. OR SOCIAL SECURITY NO. RECEIVED BY DATE RECEIVED LTIITE DESCRIPTION' QUANTITY UNIT UNIT PRICE AMOUNT FOR AGENCY USE. Reimbursement for fire mobilization services performed on 11/3/93 as specified in Department of Community, Trade & Economic Development Contract t1-94-643-14 $831.87 PREPARED BY TELEPHONE NUMBER DATE AGENCY APPROVAL DATE DOC. DATE REF DOC SUF TRANS CODE PMT. DUE DATE M O 0 f1a10 CURRENT DOC. NO. MASTER INDEX APPN INDEX PROGRAM S1f8 INDEX 08,4 REF. DOC. NO. Sup BUS 944 ORG INDEX VENDOR NO. WORK CLASS COUNTY VENDOR MESSAGE CITY/TOWN ALLOC BUDGET UNIT MOS v8 PRO.t USE TAX PON PHA UBI NUMBER AMOUNT INVOICE NO. 8430 ACCOUNTING APPROVAL FOR PAYMENT DATE WARRANT TOTAL WARRANT NUMBER STATE OF WASHINGTON DEPARTMENT OF COMMUNITY DEVELOPMENT WASHINGTON FIRE SERVICE MOBILIZATION DOCUMENTATION OF EXPENDITURES Incident: Red Mountain Fire r Benton County Fire District: City of Yakima - Fire Dept. Contact Person: Lt. Willette Phone. 575-6060 PART I: Labor Documentation Date Worked Employee Nam Job Title/ Function Volunteer (V) or Full Time (FT) Time On Time Off Gross Hours Regular Time Hours Overtime Hours Regular Time Rate Overtime Rate Total Remarks (i.e., on fire, required standby, travel, mobilizing/demobilizing) 11/3/93 Atwood Driver Volunteer 0400 0400 1530 1530 11.5 11.5 8 4 1.5 7.5 5.50 16.51 7.75 32.19 71 11 307.47 SSN 537-86-3343 SSN 531-68-0725 11/3/93 Willette Officer Full Time 0400 0630 2.5 Travel to Staging ' 0630 1000 3.5 At Staging 1000 1330 1330 1430 3 5 1.0 0n Fire Tine At Staging 1430 1530 1.0 Travel to Yakima Total Equipment Costs 453.27 831.87 TOTAL I verify that the above hourly rates reflect the actual expenses incurred by this agency. Signature Date