Res 1343 - Agrmt Emerge Mgmt
COUNCIL BILL NO. 1695
RESOLUTION NO, 1343
A RESOLUTION ENTERING INTO AN AGREEMENT WITH THE STATE OF OREGON
ACTING BY AND THROUGH THE OREGON STATE POLICE OFFICE OF EMERGENCY
MANAGEMENT AND AUTHORIZING THE MAYOR TO SIGN SAID AGREEMENT.
WHEREAS. the State of Oregon, acting by and through the Oregon State Police
Office of Emergency Management is authorized by the 1996 Federal Emergency
Management Agency (FEMA) - State Agreement for the February 1996 Flood Event
to execute on behalf of the State of Oregon all necessary documents for public
assistance, including approval of sub-grants and certification of claims; and
WHEREAS. the City of Woodburn has filed with FEMA a Notice of Interest to
receive disaster assistance as a result of the February 1996 flood; and
WHEREAS, it is necessary for the city to execute this agreement with the
State of Oregon, acting by and through the Oregon State Police Office of Emergency
Management, so that this disaster relief can be secured; NOW. THEREFORE.
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1, That the City of Woodburn enter into an agreement with the State
of Oregon, acting by and through the Oregon State Police Office of Emergency
Management. so that federal funding available through the Federal Emergency
Management Agency (FEMA) can be secured. A copy of said agreement is attached
hereto and, by this reference, incorporated herein,
Section 2. That the Mayor is hereby authorized to sign said agreement on
behalf of the city,
Approved as to form<:n:vvr ~
City Attorney Date
U7/16
Page 1 - COUNCIL BILL NO, 1695
RESOLUTION NO, 1343
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APPROVED:
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST: Mq~~der
City of Woodburn, Oregon
Page 1 - COUNCIL BILL NO, 1695
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March 11. 1996
March 13, 1996
March 13, 1996
March 13, 1996
RESOLUTION NO, 1343
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STATE OF OREGON
OREGON STATE POLICE
OFFICE OF EMERGENCY MANAGEMENT
1.0 PARTIES TO THIS AGREEMENT
This agreement is made and entered into by and between the Oregon State
Police, Office of Emergency Managem.ent, hereinafter referred to as
"DEPARTMENr and the CITY OF WOODBURN, OREGON
hereinafter referred to as the "APPLlCANr.
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WHEREAS, the DEPARTMENT is authorized by the 1996 FEMA-State
Agreement for the February 1996 Flood Event to execute on behalf of the State
of Oregon 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 1099-DR-OR, 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
February 4, 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-5tate 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),
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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-1099-DR-OR. 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 sta~e and federal officials.
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The parties understand that the Federal Emergency Management Agency will
contribute 75 percent of the eligible costs for any eligible project and also will
contribute an administrative allowance, as provided for in subsection 4 of Section
6,0 of this agreement, and that no state funds are obligated for contribution
under this agreement.
The APPLICANT will commit the required 25 percent match to any eligible
project for the APPLICANT which has been identified under the Presidential
Major Disaster Declaration FEMA-1099-DR-OR.
6.0 PAYMENTS
The DEPARTMENT, using funds granted for the purposes of the Presidential
Major Disaster Declaration from FEMA, shall issue payments to the APPLICANT
as follows:
1. Small project payments: Payments are made for all small projects to the
APPLICANT upon submission and approval of a State of Oregon Disaster
Assistance Payment Request to the DEPARTMENT.
2. Partial Payments: Partial payment of funds for costs already incurred on
large projects may be made to the APPLICANT upon submission and
approval of a State of Oregon Disaster Assistance Payment Request, with
appropriate supporting documentation, from the APPLICANT to the
DEPARTMENT,
3. Final Payment: Final payment will be made upon submission by the
APPLICANT of CERTIFICATION OF LARGE PROJECT COST,
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 Oregon Secretary of State's Audits
Division, or the United States Inspector General's Office.
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4. The APPLICANT is eligible to receive federal administrative monies, 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'
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. For those costs over $5,000,000, one-half percent of such costs.
5. All payment requests shall be made on a State of Oregon Disaster
Assistance Payment Request to the DEPARTMENT, which references the
appropriate Damage Survey Report Number (DSR #), and appropriate
documentation as required,
6. Funding shall not exceed the total federal contributions eligible for the
repair and restoration costs under this Presidential Major Disaster
Declaration FEMA-1099-DR-OR.
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 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 Secretary of State's Audits Division or the United States
Inspector General. The APPLICANT will retain all books, records, documents,
and other material relevant to this agreement for three years after date of final
payment, or an extended period as established by FEMA in 44 CFR S 13.42.
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 choose to have an audit made in accordance with the
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Office of Management and Budget (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
1-28.
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
OMS Compliance Supplement for Single Audits of State and Lo~(
Governments; and all state and federal laws and regulations governing the
program.
The APPLICANT must prepare a Schedule of Financial Assistance for federal
funds that includes: Grantor name, program name, federal catalog number
(CFDA-83.516), grantor agreement number, total award amount, beginning
balance, current year revenues, current year expenditures and ending balance.
The APPLICANT shall maintain 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
DEPARTMENTs Project Administrator as soon as it is available, but no later
than thirteen months after the end of the APPLICANTs 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
DEPARTMENTs 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 failed to complete the project(s), fails to
expend or is over paid 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 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
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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 monies paid
under this agreement in providing disaster assistance against any part 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 litigatl6n from such
recovered funds. The APPLICANT shall pay to the state the proportionate
federal share of all project funds recovered in excess of costs of litigation.
10.0 CONFLICT OF INTEREST
The APPLICANT will prohibit any employee, governing body, contractor,
subcontractor or organization from participating if the employee or entity has an
actual or potential conflict of interest that a public official would have under ORS
Chapter 244.
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 of
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.
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14,0 This agreement contains the tenns and conditions agreed to by the
DEPARTMENT and the APPLICANT. Any additional tenns and 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
20S,20S..the APPLICANT may appeal any determination previously made
related to the federal assistance for the APPLICANT. The APPLICANTs 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 infonnation. If the decision is to grant the appeal, then FEMA will take
the appropriate implementing action.
1S.0 GOVERNING LAW AND VENUE
This agreement shall be construed and enforced in accordance with, and the
validity and perfonnance hereof shall be governed by, the laws of the State of
Oregon. Venue of any suit between the parties arising out of this agreement
shall be in the Circuit Court of Oregon for Marion County.
17,0 TERMINATION
Except as otherwise provided in this Agreement, either party may tenninate this
Agreement upon giving thirty (30) days written notice to the other party, In the
event of tennination of this Agreement, each party shall be liable only for
services rendered by the other party, prior to the effective date of tennination.
18.0 SAVINGS
The DEPARTMENT may unilaterally tenninate all or part of this agreement or
may reduce its scope of worK if there is a reduction in federal funds which are the
basis for this agreement.
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19.0 WAIVERS
No conditions or provisions of this agreement can be waived unless approved by
the DEPARTMENT in writing: The DEPARTMENTs 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 perfonnance during such
breach, shall not constitute a waiver of any right under this agreement.
20.0 INDEMNIFICATION
To the extent permitted by each party's constitutional and statutor}d1mitations,
including but not limited to provisions relating to debt limits, tort claims limits and
workers' compensation, the APPLICANT, and its employees, contractors, and
subcontractors shall defend, save, and hold hannless the United States, and its
agents and employees, the state 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 or the State of
Oregon.
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 it 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 Parts 13 and
206; and the Oregon State Public Assistance Administrative Plan dated
September, 1993. These regulations and requirements are hereby
incorporated into this agreement by reference.
2. The emergency or disaster relief work for which federal 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
operation 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
confonnity with applicable codes, specifications and standards, and will
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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.
The APPLICANT will not enter into a contract with a contractor who is on
the General Services Administration (GSA) List of Parties Excluded from
Federal Procurement or Non-procurement Programs.
The APPLICANT will comply with minimum wage and maximum hours
provisions of the Federal Fair Labor Standards Act.
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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, color, sex, religion, national origin, marital status, or
disability (physical or mental) 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 17.0 of this
Agreement.
The APPLICANT shall utilize certified minority-owned and women-owned
businesses (MWBE's) to the maximum extent possible in the performance
of this agreement.
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.
10.
Eligible private non-profit 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 non-profit
organization, Additional funds beyond those provided in the
administrative allowance are not available for payment of said audit.
Eligible private non-profit organizations must comply with the audit
requirements of OMB Circular A-133, Audits of Institutions of Higher
Education and other Nonprofit Organizations,
11.
The applicant and its contractors, subcontractors and other employers
providing work, labor or materials as a result of the application are subject
employers under the Oregon Workers' Compensation Law and shall
comply with ORS 656,017, which requires them to provide workers'
compensation coverage that satisfies Oregon Law for all their subject
workers. This shall include Employer's Liability Insurance with coverage
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limits of not less than $100,000 for each accident. Contractors,
subcontractors or others who perform the work without the assistance or
labor of any employee need not obtain coverage.
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 allliabiltties arising
from the ownership and operation of the project and agrees to hold the
DEPARTMENT and the state of Oregon harmless from any and all causes of
action arising from the ownership and operation of the project.
23.0 ACKNOWLEDGMENTS
The APPLICANT shall include language which acknowledges the funding
contribution of 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,
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b, Applicable approved Damage Survey Reports; and
c. Any other provisions of the agreement whether incorporated by reference
or othelWise,
27.0 AGREEMENT ADMINISTRATION
APPLICANTs representative shall be Ben Gill espi e, Fi nance Di,rector
The DEPARTMENTs representative shall be Abby Kershaw.
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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.
Myra Thompson Lee, Director
Office of Emergency Management
Oregon State Police
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Applicant Signature
Printed Name: Nancy A. K i rk'sey
Title: Mayor
APPROVED AS TO FORM
Jim G. Russell
Assistant Attorney General
APPLICANT - PLEASE PRINT THE
FOLLOWING TO EXPEDITE
PROCESSING
DATE: 3-4-96
Federal Tax ID No, (TIN): 93-6002282
Oregon Emergency Management
595 Cottage St. N.E.
Salem, OR 97310
Organization: City of \';oodburn
CFDA: 83-516
Address: 270 Montgomery St,
Woodburn, OR 97071
Phone: (503 )982-5222
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