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WMD Agreement No.: MD-97-7358- J~ ~
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STATE OF WASHINGTON
MILITARY DEPARTMENT
_STATE EMERGENCY MANAGEMENT
AND
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1.0 PARTIES TO THIS AGREEMENT
This agreement is made and entered into by and between the WASHINGTON MILITARY
DEPARTMENT or its successor agency, hereinafter referred to as "DEPARTMENT", and
the C. rt~ 0'= 10'-, (\"U.EL2( hereinafter referred to as the "APPLICANT'.
WHEREAS the DEPARTMENT is authorized by the 1997 FEMA-State Agreement for the
1996-97 Winter Storm Event to execute on behalf of the State of Washington all necessary
documents for public assistance, including approval of sub-grants and certification of
claims;
THEREFORE, both parties mutually agree to the following:
2.0 PURPOSE
Federal funding is provided by the Federal Emergency Management Agency (FEMA) and is
administered by the DEPARTMENT. Under the authority of Presidential Major Disaster
Declaration FEMA 1159-DR-WA, the DEPARTMENT is reimbursing the APPLICANT for
those eligible costs and activities necessary for the repair and restoration of public facilities
damaged during the period of December 26, 1996 and continuing.
3.0 TIME OF PERFORMANCE
Activities payable under this agreement and to be performed by the APPLICANT under this
agreement shall be those activities which occurred on or subsequent to the incident period
defined in the FEMA-State Agreement and shall terminate upon completion of the project(s)
approved by federal and state officials, including completion of close out and audit. This
period shall be referred to as the "Agreement Period."
4.0 CLOSE-OUT
It shall be the responsibility of the DEPARTMENT to issue close-out instructions to the
APPLICANT upon completion of the project(s).
5.0 FUNDING
The DEPARTMENT will administer the disaster assistance program and reimburse any
eligible costs for eligible projects to the APPLICANT which are identified under the auspices
of the Presidential Major Disaster Declaration FEMA 1159-DR-WA. It is understood that no
final dollar figure is committed to at the time that this agreement is executed, but that
financial commitments will be made by amendments to the project application as Damage
Survey Reports are completed in the field and projects are authorized by state and federal
officials.
FEMA 1159-DR-WA
January 1997
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Pursuant to the FEMA-STATE AGREEMENT, the Federal Emergency Management Agency
will contribute 75 percent of the eligible costs for any eligible project and 100 percent of the
administrative costs. as provided for.in subsection 4 of Section 6.0. Pursuant to the FEMA-
STATE AGREEMENT, the DEPARTMENT will commit the required 12.5 percent match to
any eligible project for the APPLICANT which has been identified under the Presidential
Major Disaster Declaration FEMA 1159-DR-WA.
The APPLICANT will commit the required 12.5 percent match to any eligible project for the
APPLICANT which has been identified under the Presidential Major Disaster Declaration
FEMA 1159-DR-WA.
6.0 PAYMENTS
The DEPARTMENT, using funds granted for the purposes of the Presidential Major Disaster
Declaration from FEMA and the state of Washington, shall issue payments to the
APPLICANT in compliance with the Washington State Public Assistance Manual
procedures as follows:
1. Small project payments: Payments are made for all small projects to the APPLICANT
upon submission and approval of an A-19-1A Invoice Voucher to the DEPARTMENT.
2. Progress Payments: Progress payment of funds for costs already incurred on large
projects minus 10 percent retainage may be made to the APPLICANT upon
submission and approval of an A-19-1A, Invoice Voucher from the APPLICANT to the
DEPARTMENT.
3. Final Payment: Final payment will be made following submission by the APPLICANT
on form DEM-001 (2/89), STATEMENT OF DOCUMENTATION IN SUPPORT OF
AMOUNT CLAIMED FOR FINANCIAL DISASTER ASSISTANCE upon completion of
project(s), completion of all final inspections by the DEPARTMENT, and final approval
by FEMA. Final payment may also be conditioned upon a financial review, if
determined necessary by the DEPARTMENT or FEMA. Adjustments to the final
payment may be made following any audits conducted by the Washington State
Auditors Office or the United States Inspector General.
4. The APPLICANT is eligible to receive federal administrative moneys, upon completion
and closure of the project, for the costs of requesting, obtaining, and administering the
disaster assistance grant based upon the following percentages of total eligible costs:
· For the first $100,000 of eligible costs, three percent of such costs;
· For the next $900,000, two percent of such costs;
· For the next $4,000,000, one percent of such costs; and
· For those costs over $5,000,000, one-half percent of such costs.
5. All payment requests shall be made on an A-19-1A form, State of Washington, Invoice
Voucher.
6. Funding shall not exceed the total federal and state contributions eligible for the repair
and restoration costs under this Presidential Major Disaster Declaration
FEMA 1159-DR-WA.
7.0 RECORDS MAINTENANCE
The APPLICANT shall maintain books, records, documents, and other evidence and
accounting procedures and practices which sufficiently and properly reflect all direct and
indirect costs of any nature expended in the performance of this agreement. These records
shall be subject at all reasonable times to inspection, review, or audit by DEPARTMENT
personnel, other personnel duly authorized by the DEPARTMENT, the Office of the State
FEMA-1159-DR-WA
January 1997
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Auditor or the United States Inspector General. The APPLICANT will retain all books,
records, documents, and other material relevant to this agreement for six years after the
agreement is closed and the Office of the State Auditor, the United States Inspector
General, or any persons duly authorized by the DEPARTMENT shall have full access to and
the right to examine any of said materials during said period.
8.0 AUDITS
Audits shall be in accordance with the Single Audit Act of 1984. The APPLICANT is to
procure audit services based on the following guidelines:
1. APPLICANT receiving less than $25,000 in federal funds in a fiscal year is exempt
from compliance with the Single Audit Act. However, records must be available for
review by the DEPARTMENT.
2. APPLICANT receiving $25,000 to $100,000 in total federal funds in a fiscal year may
chose to have an audit made in accordance with the Office of Management and
Budget's (OMB) Circular A-128 or a program audit.
3. APPLICANT receiving $100,000 or more in a fiscal year in total federal funds shall
have a Single Audit made in accordance with OMB Circular A-128.
As applicable, the APPLICANT must ensure the audit is performed in accordance with
Generally Accepted Accounting Principles; Government Auditing Standards developed by
the Comptroller General, dated July 1988; the OMB Compliance Supplement for Single
Audits of State and Local Governments; and all state and federal laws and regulations
governing the program.
The ,audit of the APPLICANT'S program shall be conducted by the Office of the State
Auditor.
The APPLICANT must prepare a Schedule of Financial Assistance for federal funds that
includes: grantor name, program name, federal catalog (CFDA) number, grantor agreement
number, total award amount, beginning balance, current year revenues, current year
expenditures and ending balance.
The APPLICANT shall maintain its records and accounts in such a way as to facilitate the
DEPARTMENT's audit requirements, and ensure that Subcontractors also maintain records
which are auditable. The APPLICANT is responsible for any audit exceptions incurred by its
own organization or that of its Subcontractors. The DEPARTMENT reserves the right to
recover from the APPLICANT disallowed costs resulting from the final audit.
The APPLICANT is responsible for sending the audit report to the DEPARTMENT's Internal
Audit Manager as soon as it is available, but no later than thirteen months after the end of
the APPLICANT's fiscal year. Responses to previous management findings and disallowed
or questioned costs shall be included with the audit report. The APPLICANT will respond to
the DEPARTMENT's requests for information or corrective action concerning audit issues
within 30 days of the date of the request.
The APPLICANT shall include these requirements in any subcontracts.
9.0 RECOVERY OF FUNDS
In the event that the APPLICANT fails to complete the project(s), fails to expend or is over
advanced federal funds in accordance with federal or state disaster assistance laws or
programs, or is found by audit or investigation to be owing to the state, the DEPARTMENT
FEMA-1159-DR-WA
January 1997
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reserves the right to recapture funds in accordance with federal or state laws and
requirements. Repayment by the APPLICANT of agreement funds under this recovery
provision shall occur within 30 days of demand.- ~In the event that the DEPARTMENT is
required to institute legal proceedings to enforce this recovery provision, the DEPARTMENT
shall be entitled to its costs thereof, including reasonable attorney fees.
The APPLICANT shall be responsible for pursuing recovery of moneys paid under this
agreement in providing disaster assistance against any party that might be liable, and
further the APPLICANT shall cooperate in a reasonable manner with the state and the
United States in efforts to recover expenditures under this agreement.
In the event the APPLICANT obtains recovery from a responsible party, the APPLICANT
shall first be reimbursed its reasonable costs of litigation from such recovered funds. The
APPLICANT shall pay to the state the proportionate state and federal share of all project
funds recovered in excess of costs of litigation.
10.0 CONFLICT OF INTEREST
No officer or employee of the DEPARTMENT; no member, officer, or employee of the
APPLICANT or its designees or agents; no member of the governing body of the jurisdiction
in which the project is undertaken or located; and no other official of such locality or
localities who exercises any functions or responsibilities with respect to the project during
his or her tenure, shall have any personal or pecuniary gain in interest, direct or indirect, in
any contract, subcontract, or the proceeds thereof, for work to be performed in connection
with the project assisted under this agreement.
The APPLICANT shall incorporate, or cause to incorporate, in all such contracts or
subcontracts, a provision prohibiting such interest pursuant to the purpose of this provision.
11.0 POLITICAL ACTIVITY
No portion of the funds provided herein shall be used for any partisan political activity or to
further the election or defeat of any candidate for public office or influence the approval or
defeat of any ballot issue.
12.0 ASSIGNMENT
This Agreement, and any claim arising under this agreement, is not assignable or delegable
by the APPLICANT either in whole or in part.
13.0 SUBCONTRACTS FOR ENGINEERING SERVICES
In the event that the APPLICANT subcontracts for engineering services, the APPLICANT
shall require that the engineering firm be covered by errors and omissions insurance in an
amount not less than the amount of the firm's subcontract. If the firm is unable to obtain
errors and omissions insurance, the firm shall post a bond with the APPLICANT for the
benefit of the APPLICANT for not less than the amount of its subcontract. Such insurance
or bond shall remain in effect for the entire term of the subcontract. The subcontract shall
provide that cancellation or lapse of the bond or insurance during the term of the
subcontract shall constitute a material breach of the subcontract and cause for subcontract
termination. The APPLICANT shall cause the subcontractor to provide it with a 30 day
notice of cancellation issued by the insurance company.
FEMA-1159-DR-WA
January 1997
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14.0 AMENDMENTS
This agreement contains the terms and conditions agreed to by the DEPARTMENT and the
APPLICANT. Any aadition'al"termsanCJ conditions imposed by the Federal Emergency.
Management Agency or the DEPARTMENT will be incorporated into an amendment. Such
amendments shall not be binding unless they are in writing and signed by persons
authorized to bind 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.
15.0 APPEALS
Consistent with the Code of Federal Regulations, 44 CFR Chapter 1, Section 206.206, the
APPLICANT may appeal any determination previously made related to the federal
assistance for the APPLICANT. The APPLICANT'S appeal shall be made in writing and
submitted to the DEPARTMENT within 60 days after receipt of notice of the action which is
being appealed. The appeal shall contain documented justification supporting the
APPLICANT'S position.
Upon receipt of an APPLICANT'S appeal, the DEPARTMENT will review the material
submitted, make such additional investigations as necessary, and shall forward the appeal
with a written recommendation to the FEMA within 60 days. Within 90 days following
receipt of the appeal, FEMA shall advise the DEPARTMENT, in writing, as to the disposition
of the appeal or the need for additional information. If the decision is to grant the appeal,
then FEMA will take the appropriate implementing action.
16.0 GOVERNING LAW AND VENUE
This agreement 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 agreement shall be the Superior Court of
Thurston County, Washington.
17.0 SAVINGS
The DEPARTMENT may unilaterally terminate all or part of this agreement, may reduce its
scope of work or decrease the percentage of matching costs, if there is a reduction in funds
by the source of those funds, and if such funds are the basis for this agreement.
18.0 TERMINATION
Except as otherwise provided in this Agreement, either party may terminate this Agreement
upon giving thirty (30) days written notice to the other party. In the event of termination of
this Agreement, the terminating party shall be liable only for performance of services
rendered prior to the effective date of termination.
19.0 WAIVERS
No conditions or provisions of this agreement can be waived unless approved by the
DEPARTMENT in writing. The DEPARTMENT's failure to insist upon strict performance of
any provision of the agreement, 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 agreement.
FEMA-1159-DR-WA
January 1997
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20.0 INDEMNIFICATION
Each party shall protect and hold harmless the other party from and against all claims, suits
or actions arising frcim'any negligeht aCt or bmtSsidn of that party's employees, agents
and/or authorized subcontractor(s) while performing under the terms of this agreement.
The APPLICANT, and its employees, contractor(s) and subcontractor(s) shall hold harmless
the United States, and its agents and employees from and against all claims, damages,
losses and expenses arising out of or resulting from the approved work, regardless of
whether or not such claim, damage, loss or expense is caused entirely or in part by the
United States.
21.0 APPLICANT ASSURANCES
In addition to the Terms and Conditions specified herein, the APPLICANT also agrees to
the following assurances:
1. The APPLICANT hereby assures and certifies that they will comply with state and
federal laws and regulations, including but not limited to the provisions of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as
amended; 44 CFR Part 13, 44 CFR Part 206, and the Washington State Public
Assistance Manual dated January 1997. These regulations and requirements are
hereby incorporated into this agreement by reference.
2. The emergency or disaster relief work for which federal or state assistance is
requested herein does not or will not duplicate benefits received for the same loss
from any other source.
3. The APPLICANT will operate and maintain the facilities in accordance with the
minimum standards as may be required or prescribed by the applicable federal, state
and local agencies for the maintenance and operations of such facilities
4. The APPLICANT will, for any repairs or construction financed herewith, comply with
applicable standards of safety, decency and sanitation and in conformity with
applicable codes, specifications and standards, and will evaluate the hazards in areas
in which the proceeds of the grant are to be used and take appropriate action to
mitigate such hazards, including safe land use and construction practices.
5. The APPLICANT will not enter into a contract with a contractor who is on the General
Services Administration (GSA) Lists of Parties Excluded from Federal Procurement or
Non-procurement Programs.
6. The APPLICANT will comply with minimum wage and maximum hours provisions of
the Federal Fair Labor Standards Act.
7. The APPLICANT shall comply with all applicable federal and state non-discrimination
laws, regulations, and policies. No person shall, on the grounds of age, race, creed,
color, sex, religion, national origin, residence, marital status, or disability (physical,
mental, or sensory) be denied the benefits of, or otherwise be subjected to
discrimination under any project, program, or activity, funded, in whole or in part,
under this Agreement. A violation of this provision is a material breach and cause for
termination under Section 18.0 of this Agreement.
8. The APPLICANT shall utilize certified minority-owned and women-owned businesses
(MWBEs) to the maximum extent possible in the performance of this agreement.
FEMA-1159-DR-WA
January 1997
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9. The APPLICANT does not have to comply with the provisions of the Davis-Bacon Act
for grants made under the disaster assistance program. However, if FEMA and any
other Federal agency are a party to a contract for the repair or restoration of a public
building or public facility, the contract would have to comply with the Davis-Bacon Act.
1 O. Eligible private nonprofit organizations are required to obtain an independent audit in
accordance with the Single Audit Act requirements. All costs of said audit are the
responsibility of the private nonprofit organization. Additional funds beyond those
provided in the administrative allowance are not available for payment of said audit.
Eligible private nonprofit organizations must comply with the audit requirements of
OMB Circular A-133, Audits of Institutions of Higher Education and Other Nonprofit
Organizations.
22.0 OWNERSHIP OF PROJECT/CAPITAL FACILITIES
The DEPARTMENT makes no claim to any capital facilities or real property improved or
constructed with funds under this Agreement, and by this grant of funds does not and will
not acquire any ownership interest or title to such property of the APPLICANT. The
APPLICANT shall assume all liabilities arising from the ownership and operation of the
project and agrees to hold the DEPARTMENT and the state of Washington harmless from
any and all causes of action arising from the ownership and operation of the project.
23.0 ACKNOWLEDGEMENTS
The APPLICANT shall include language which acknowledges the funding contribution of the
DEPARTMENT and the Federal Emergency Management Agency (FEMA) to this project in
any release or other publication developed or modified for, or referring to, the project.
24.0 INSURANCE
The APPLICANT will comply with the insurance requirements of Public Law 93-288, as
amended, and obtain and maintain any other insurance as may be reasonable, adequate,
and necessary to protect against further loss to any property which was replaced, restored,
repaired or constructed with this assistance.
25.0 SEVERABILITY
In the event any term or condition of this agreement or application thereof to any person or
circumstance is held invalid, such invalidity shall not affect other terms, conditions, or
applications of this agreement which can be given effect without the invalid term, condition,
or application.. To this end, the terms and conditions of this agreement are declared
severable.
26.0 ORDER OF PRECEDENCE
In the event of an inconsistency in this agreement, unless otherwise provided herein, the
inconsistency shall be resolved by giving precedence in the following order:
a. Applicable Federal and State statutes and regulations;
b. Applicable approved Damage Survey Reports; and
c. Any other provisions of the agreement whether incorporated by reference or otherwise.
FEMA-1159-DR-WA
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27.0 AGREEMENT ADMINISTRATION
APPLICANT's rep~s~ntattv! .s.t),~UJ~e Ken Ridout
The DEPARTMENT's representative shall. be Donna J. Voss.
28.0 ENTIRE AGREEMENT
This Agreement sets forth the entire Agreement between the parties with respect to the
subject matter hereof. Commitments, warranties, representations and understandings or
agreements not contained, or referred to, in this Agreement or written amendment hereto
shall not be binding on either party, Except as may be expressly provided herein, no
alteration of any of the terms or conditions of this Agreement will be effective without the
written consent of both parties.
IN WITNESS WHEREOF, the DEPARTMENT and the APPLICANT have executed this agreement
as of the date and year written below.
A Ii t Signatu
Printed Name: PROSPER OSTROWSKI
Title: MAYOR
DATE: February 18, 1997
Linda Burton-Ramsey, Director
Emergency Management Division
Washingto~ ~litary epartment
DATE: -3/~ y; 9
APPROVED AS TO FORM
Willette S. Rowe
Assistant Attorney General
,APPLICANT - PLEASE PRINT THE
FOllOWING TO EXPEDITE PROCESSING
DATE: 1/9/97
Federal Tax ID No. (TIN): 91-6001266
Emergency Management Division
State of Washington Military Department
Post Office Box 40955
Olympia, Washington 98504-0955
Organization: CITY OF PORT ANGELES
Address:
321 E. Fifth Street
PO Box 1150
Port Angeles, WA 98362
(360) 923-4577
CFDA: 83.516
Phone:
(360) 417-4802
FEMA-1159-DR-WA
January 1997
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DISASTER ASSISTANCE APPLICATION
DEM - 131
Aiipn~~~on Identifier.' :H , "i~~~.;.p~~.HH~~;''l#:~ri5~'~:i.8 ~;:,: H.....
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Federal"C:titalog' Number: :83.516' ':.::;..titte: :DJsaSter Assls~nce; ": ' :'
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Deciaration Date~ :.January ,11; 1997 ',~ >./ ... " .. ,:' .,. ....,: '.. .. .. U
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Applicant:;s FEMA: Project Appliriation~:Ntitribe~;," ,"tlSi1:~ ':~3&S':*, :" ,
Legal Applicant Recipient:
Applicant's Name:
Street Address:
Mailing Address:
City: PORT ANGELES
CITY OF PORT ANGELES
321 E. Fifth Street
PO Box 1150
State: WA
County: Clallam
Zip Code: 98362
Applicant Agent:
Name: KEN RIDOUT
Title: DEPUTY D~R , /
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Signature: ,. ~"'- -' :" ~.LA~
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Type of Applicant:
Phone Numbers:
Work
Fax
Home
(360 )417-4802
(360 )417-4542
(360)452-9727
-z/ 1(3/9 I
,
Date:
A - State
B - County
C - City
o - School District
E - Special Purpose District
F - Higher Educational Institution
G - Indian Tribe
. H - Private NonProfit
I - Other (Specify)
"
Enter Appropriate Letter C
Congressional District Number:
State Legislative District Number:
6
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Goverriots Authorized Representative:' ~":. ' : :'~,' .:::.::' .: u:~:::': u.,
Sigriatirre/nU:.:A!ra;:~i.. Il~~~; :.V,-kj/tzi ..'
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CITY OF PORT ANGELES
CITY MANAGER
321 East Fifth Street, PO Box 1150
Port Angeles, Washington 98362-1150
Phone (360) 417-4500
Fax (360) 417-4509
TTY Phone (360) 417-4645
mtemet address citym@olympus net
PROCLAMATION OF EMERGENCY
WHEREAS, the following disaster has occurred in the City of
Port Angeles:
A severe winter storm has deposited extremely heavy amounts of
snow, which has been compounded by subsequent rainfall, far beyond
the capacity of the City's equipment, infrastructure, personnel and
budgetary resources to deal with in protecting the public health,
safety, and welfare; and
WHEREAS, said disaster has caused the following effects:
Transportation to, from, and within the City has been severely
impaired, significant property damage has occurred, and public and
private resources have been strained to the maximum; and
WHEREAS, there is a state of emergency in the City of Port
Angeles that requires activation of the City's Disaster Response
Plan and utilization of emergency powers granted pursuant to RCW
35.13.030 and Chapter 2.24 PAMC;
NOW, THEREFORE, the Mayor and the City Manager of the City of
Port Angeles do hereby declare that there is a state of emergency
in the City of Port Angeles and that all actions may be taken under
the direction of the Mayor, the City Manager, and authorized
designees, as are reasonably necessary to prevent or minimize the
loss of life and property; provided, however, that this proclama-
tion shall be subject to confirmation by resolution of the City
Council at the earliest practicable time.
Dated:
/J. 3!
70
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RESOLUTION NO. 1-97
A RESOLUTION of the City Council of
the City of Port Angeles declaring
a state of emergency and
authorizing the exercise of
emergency powers and the request of
state and/or federal emergency
relief and/or assistance.
WHEREAS, the following disaster has occurred in the City of
Angeles:
:: A severe winter storm has deposited extremely heavy amounts
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of snow, which has been compounded by subsequent rainfall, far
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beyond the capacity of the City's equipment, infrastructure,
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personnel and budgetary resources to deal with in protecting the
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I~ublic health, safety, and welfare; and
WHEREAS, said disaster has caused the following effects:
Transportation to, from, and within the City has been
,severely impaired, significant property damage has been incurred,
IIand public and private resources have been strained to the maximum;
I'and
!
WHEREAS, there is a state of emergency in the City of Port
IAngeles that requires activation of the City's Disaster Response
,
Plan and utilization of emergency powers granted pursuant to RCW
35.13.030 and Chapter 2.24 PAMC; and
WHEREAS, the specific measures that the City has taken to
Ideal with this disaster and the state assistance that the City
'Istill requires are as follows:
I All available city equipment and personnel have been
lutilized 24 hrs/day in snow removal efforts, City emergency
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jlmanagement personnel have been utilized in mobilizing necessary
lIefforts to protect persons and property, and financial resources
ilhave been tapped beyond budgeted amounts to the extent that state
Hand federal resources may need to be requested.
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II NOW, THEREFORE, BE IT RESOLVED by the City Council of the
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:!City of Port Angeles as follows:
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1.
There is, and has existed since December 29, 1996, a
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i~ate of emergency in the City of Port Angeles due to the severe
""J.nter storm;
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II 2. The actions taken, and to
ICitY Manager, and authorized designees,
be taken, by the Mayor, the
as are reasonably necessary
I~o prevent or minimize the loss of life and property, are hereby
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Ii 3. The Mayor and the City Manager are further authorized
I~o request state and/or federal assistance to the extent that the
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Iseverity and magnitude of the disaster is beyond the capability of
iCity resources.
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PASSED by the City Council of the City of Port Angeles at
a
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I January
meeting
of said Council
, 19~
n~:nd day
U/~i<'(~}rvQ,g~t:
MAYOR
of
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~TTEST:
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IIBecky ~ Upt;pn, C ty Cierk
IlPPROVED AS TO FORM:
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Icraig D. Khutson, City Attorney
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