HomeMy WebLinkAboutDoc 002 - IGA - Hazardous Fuels - Crook CountyDeschutes County Board of Commissionea s
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of January 6, 2010
Please see directions for completing this document on the next page.
DATE: December 21, 2009
FROM: Joe Stutler Forestry 322-7117
TITLE OF AGENDA ITEM:
Consideration of the Board and approval of Document No. 2010-002, an Intergovernmental Agreeinent
with Crook County for hazardous fuels treatment.
PUBLIC HEARING ON THIS DATE? No
BACKGROUND AND POLICY IMPLICATIONS:
The IGA is with Crook County for $1,125,549.35, of which the federal share for this project is
$735,549.35. Each County will share equally the federal dollar amounts. Deschutes and Crook
Counties are required to provide an in kind match of $390,000 which will be contributed by local
residences defensible space efforts, the FireFree program and other "sweat equity" efforts by the public.
With these dollars, we will treat wildland fuels on private and county owned lands in both Deschutes
and Crook County. This is the second IGA with Crook County for the fuels treatment project. The
federal funding comes from FEMA to OEM and Deschutes County is the sub -grantee. The grant period
is three years.
FISCAL IMPLICATIONS:
This is the second IGA with Crook County for the fuels treatment project. The federal funding comes
from FEMA to OEM and Deschutes County is the sub -grantee. The grant period is three years.
RECOMMENDATION & ACTION REQUESTED:
Approval and signature of the IGA by the County Board of Commissioners.
ATTENDANCE: Joe Stutler
DISTRIBUTION OF DOCUMENTS:
Joe Stutler
Forestry
DESCHUTES COUNTY DOCUMENT SUMMARY
(NOTE: This form is required to be submitted with ALL contracts and other agreements, regardless of whether the document is to be
on a Board agenda or can be signed by the County Administrator or Department Director. If the document is to be on a Board
agenda, the Agenda Request Form is also required. If this form is not included with the document, the document will be returned to
the Department. Please submit documents to the Board Secretary for tracking purposes, and not directly to Legal Counsel, the
County Administrator or the Commissioners. In addition to submitting this form with your documents, please submit this form
electronically to the Board Secretary.)
Date:
Please complete all sections above the Official Review line.
December 21, 2009
Contractor/Supplier/Consultant Name:
Contractor Contact:
541.447-6555
Department:
Crook County
Judge MikeMcCabe
Type of Document: Intergovernmental Agreement
Contractor Phone #:
Goods and/or Services: The IGA is with Crook County for $1,125,549.35 of which the
federal share for this project is $735,549.35. Deschutes and Crook Counties are
required to provide an in kind match of $390,000 which will be contributed by local
residences defensible space efforts, the FireFree program and other "sweat equity"
efforts by the public. With these dollars we will treat wildland fuels on private and
county owned lands in both Deschutes and Crook County. This is the second IGA with
Crook County for the fuels treatment project. The federal funding comes from FEMA to
OEM and Deschutes County is the sub -grantee. The grant period is three years.
Background & History: Deschutes County in cooperation with Crook County has
successfully applied for pre -disaster mitigation grant on three occasions being
successful twice. Deschutes County will process the billing for both counties and will
receive moneys for Coutnty Forester, GIS and Project Wildfire Coordinator with this
grant.
Agreement Starting Date:
October 1, 2009
Annual Value or Total Payment:
$735,549.35
Ending Date:
Insurance Certificate Received check box)
Insurance Expiration Date:
Check all that apply:
RFP, Solicitation or Bid Process
P1 Informal quotes (<$150K)
Exempt from RFP, Solicitation or Bid Process (specify — see DCC §2.37)
11
September 12, 2012.
Funding Source: (Included in current budget? ® Yes
I
No
If No, has budget amendment been submitted? ( I Yes ❑ No
12/29/200
Is this a Grant Agreement providing revenue to the County? ® Yes H No
Special conditions attached to this grant:
Deadlines for reporting to the grantor: Quarterly reports along with billing cycles.
If a new FTE will be hired with grant funds, confirm that Personnel has been notified that
it is a grant -funded position so that this will be noted in the offer letter: L Yes ® No
Contact information for the person responsible for grant compliance: Name: Joe
Stutler
Phone #: 322-7117
Departmental Contact and Title:
7117
Joe Stutler Phone #: 322 -
Department Director Approval:
Signature Date
Distribution of Document: Two original signed agreement, return both to Joe Stutler
Official Review:
County Signature Required (check one): ❑ BOCC ❑ Department Director (if <$25K)
❑
Administrator (if >$25K but <$150K; if >$150K, BOCC Order No.
Legal Review Date
Document Number
12/29/200 )
December 7, 2009
Crook County
Deschutes County Commissioners
1300 NW Wall, Suite 200
Bend, OR 97701
300 N.E. 3rd Street • Prineville, Oregon 97754
Phone (541) 447-6555 • FAX (541) 416-3891
Re: Pre -disaster Mitigation (PDM) Grant Program Contract
Our File: K #172
Dear Commissioners:
Enclosed is the signed original of the above -referenced Grant Program Contract. It was
approved at County Court on December 2, 2009. Please obtain the required signature and
return a fully executed copy to this office.
If you have any questions, please call. Thank you.
Si 1 erely y. urs,
David M. Gordon
County Counsel
DMG/mlj
Encl.
C: Kathy Gray, Finance (w/encl.)
John Jackson (w/encl.)
Mike °` urge •`sI °en amgren, L,ounty Commissioner • Lynn Lundquist, County Commissio ier
DESCHUTES COUNTY / CROOK COUNTY
Pre -Disaster Mitigation (PDM) Grant Program Contract
1.0 PARTIES TO THIS AGREEMENT
This Agreement is made and entered into by and between DESCHUTES
COUNTY, hereinafter referred to as "Deschutes County" and CROOK COUNTY,
hereinafter referred to as "Crook County".
WHEREAS the Pre- Disaster Mitigation (PDM) grant program was authorized by
section 203 of the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (Stafford Act), 42 U.S.C. 5133, as amended by section 102 of the Disaster
Mitigation Act of 2000 (DMA), Public Law 106-390, 114 Stat. 1552, to assist
States and communities to implement a sustained pre -disaster natural hazard
mitigation program to reduce overall risk to the population and structures, while
also reducing reliance on funding from actual disaster declarations.
WHEREAS approximately $100 million was made available for the FY07 PDM
competitive grant program in part provided from the National Pre -Disaster
Mitigation Fund under Department of Homeland Security Appropriations Act, and
the PDM program under Department of Homeland Security Appropriations Act,
and that Oregon was successful in receiving a portion of that funding.
WHEREAS, Deschutes County will be acting as the contact for interaction by the
counties with the State of Oregon, Oregon Military Department, Office of
Emergency Management (OEM), the agency responsible for distribution of
reimbursement funds, and submitting all requests on behalf of both counties for
reimbursement and there is, therefore, a need to memorialize the respective
responsibilities of Deschutes County and Crook County with respect to the PDM
grant program.
WHEREAS, Deschutes County and Crook County mutually agree to the
following.
2.0 PURPOSE
Federal funding is provided by the Federal Emergency Management Agency,
Department of Homeland Security (FEMA) and is administered by OEM. Under
the authority of section 203 of the Stafford Act, OEM is reimbursing Deschutes
County for those eligible costs and activities necessary for the implementation of
PAGE 1 - Pre -Disaster Mitigation (PDM) Grant Program Contract
the Pre -Disaster Mitigation grant project entitled 2009 Deschutes & Crook
Counties Wildland Fire Mitigation Continuation dated September 21, 2009,
and described in the application materials submitted to OEM as the work to be
performed, hereinafter referred to as the "Project". Crook County is eligible to
receive $ 333,936.80 to implement those activities to be performed in Crook
County pursuant to the Project.
3.0 TIME OF PERFORMANCE
Activities payable under this Agreement and to be performed by Crook County
under this Agreement shall be those eligible activities which occurred starting
September 21, 2009 and shall terminate upon completion of the Project
approved by federal and state officials, including completion of close out and
audit. This period shall be referred to as the "Agreement Period." Except as
otherwise provided in this Section 3.0, the Project shall be completed no later
than September 20, 2012. Pre -award grant costs identified in the approved
scope of work are also eligible for grant funding.
4.0 FUNDING
The total estimated cost of the Project for the purpose of this Grant Agreement is
$1,125,549.35.
OEM will administer the PDM Program and reimburse any eligible costs for the
Project to Deschutes County which are identified in the documentation provided
by Deschutes County and approved by OEM and FEMA. Deschutes County will
within 30 days of receipt submit to OEM claims for reimbursement submitted to
Deschutes County by Crook County and remit any such reimbursement funds to
Crook County within 30 days upon receipt. Crook County shall be fully
responsible for preparation and justification of claims for reimbursement
submitted to OEM and FEMA.
The Parties understand that the FEMA will contribute fifty nine percent (59%) of
the eligible costs for any eligible project as provided for in subparagraph 4 of
Section 5.0 of this Agreement, and that no state funds are obligated for
contribution under this Agreement. The 59% FEMA share for this project is
$667,873.60.
Deschutes County and Crook County will commit the required 41 percent (41%)
non-federal match to any eligible project; $457,675.00 for this project.
5.0 PAYMENTS
OEM, using funds granted for purposes of the Pre -Disaster Mitigation Grant
Program from FEMA, shall issue payments to Deschutes County as follows:
PAGE 2 - Pre -Disaster Mitigation (PDM) Grant Program Contract
1. Payments will be made to Deschutes County upon submission and
approval of a State of Oregon PDM Payment Request to OEM. Partial
payments of funds for costs already incurred may be requested at any
time during the Project. This request must include appropriate
supporting documentation of the incurred costs. Responses to claims
for payments shall specify the reimbursement amounts separately for
Crook County and Deschutes County.
2. Final Payment will be made upon completion of Project, completion of
all final inspections by OEM, and final approval by FEMA. Final
payment will also be conditioned upon a financial review by OEM 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.
3. All payment requests shall be made on a State of Oregon PDM
Program Payment Request Form to OEM, which references the
appropriate PDM grant number, FEMA FIPS Number, and appropriate
documentation as required.
4. Funding shall not exceed the total federal contributions available for
the approved project costs under the Pre -Disaster Mitigation Program.
5. OEM reserves the right to make any inspection prior to release of any
payment or at any time during the duration of this Agreement.
6.0 COST OVERRUNS
Cost overruns are the responsibility of Deschutes County or Crook County with
respect to activities performed in each respective County and will be borne fully
by the County in which the activity occurs.
7.0 RECORDS MAINTENANCE
Crook County shall maintain books, records, documents, and other evidence and
accounting procedures and practices that 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 OEM personnel, other personnel duly authorized by OEM, the Secretary
of State's Audits Division, or the United States Inspector General. Crook County
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 13.42.
PAGE 3 - Pre -Disaster Mitigation (PDM) Grant Program Contract
Crook County will photographically document pre -construction, construction and
completed conditions of the Project and make such documents a part of its
records.
For acquisition projects, FEMA is required to track the use of real property
acquired with grant funds in order to ensure that the property is maintained for
open space in perpetuity. Crook County shall retain real estate transaction and
property tracking records indefinitely.
8.0 AUDITS AND RECORDS
Audits shall be in accordance with the Single Audit Act of 1984, as amended.
Crook County is to procure for grant project activities occurring in Crook County,
at its own cost, audit services based on the following guidelines:
If Crook County receives Tess than $50,000 in federal funds in a fiscal year it is
exempt from compliance with the Single Audit Act. However, records must be
available for review by OEM.
If Crook County receives $50,000 to $500,000 in total federal funds in a fiscal
year, it may choose to have an audit made in accordance with the Office of
Management and Budget (OMB) Circular A-133 or a program audit.
If Crook County receives $500,000 or more in a fiscal year in total federal funds it
shall have a Single Audit made in accordance with OMB Circular A-133.
As applicable, Crook County must ensure the audit is performed in accordance
with Generally Accepted Accounting Principles; Generally Accepted Government
Auditing Standards developed by the Comptroller General; the OMB Compliance
Supplement for Single Audits of State and Local Governments; and all state and
federal laws and regulations governing the program.
Crook County must prepare a Schedule of Financial Assistance for federal funds
that includes: Grantor name, program name, federal catalog number (CFDA-
97.017), grantor agreement number, total award amount, beginning balance,
current year revenues, current year expenditures and ending balances.
Crook County shall maintain records and accounts in such a way as to facilitate
OEM's audit requirements, and ensure that Crook County's contractors and
subcontractors also maintain records which are auditable. Crook County is
responsible for any audit exceptions incurred by its own organization or that of its
contractors. OEM reserves the right to recover from Crook County disallowed
costs resulting from the final audit.
Crook County shall send the audit report to Grantee's Project Administrator as
soon as it is available, but no later than nine months after the end of the Crook
PAGE 4 - Pre -Disaster Mitigation (PDM) Grant Program Contract
County's fiscal year in which any funds received by Crook County under this
Agreement are received. Responses to previous management findings and
disallowed or questioned costs shall be included with the audit report. Crook
County will respond to OEM's requests for information or corrective action
concerning audit issues within 30 days of the request.
Crook County shall include these requirements in any contract or subcontracts.
9.0 RECOVERY OF FUNDS
In the event that Crook County fails to complete the Project(s), fails to expend, or
is overpaid federal funds in accordance with federal or state Pre -Disaster
Mitigation Program laws or programs, or is found by audit or investigation to owe
funds to OEM, OEM reserves the right to recapture funds in accordance with
federal and state laws and requirements. Subject to any exercise of right and
appeal pursuant to Section 15 of the agreement between OEM and Deschutes
County entered into with respect to the Project, repayment by Crook County of
funds under this recovery provision shall occur within 30 days of demand. In the
event that legal proceedings are instituted to enforce or interpret this Agreement,
the prevailing party shall be entitled to its costs thereof, including reasonable
attorney fees.
Crook County shall be responsible for pursuing recovery of monies paid under
this Agreement against any party that might in Crook County's opinion be liable,
and further, Crook County shall cooperate in a reasonable manner with the State
and the United States in efforts to recover wrongful expenditures under this
Agreement.
In the event Crook County obtains recovery from a responsible party, Crook
County shall first be reimbursed its reasonable costs of litigation from such
recovered funds. Thereafter, Crook County shall pay to OEM the proportionate
federal share of all Project funds recovered in excess of costs of litigation.
10.0 CONFLICT OF INTEREST
Crook County will insure that any employee, governing body, contractor,
subcontractor, or organization that has an actual or potential conflict of interest
under ORS Chapter 244 will resolve that conflict in a manner consistent with the
requirements of that chapter.
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 measure.
PAGE 5 - Pre -Disaster Mitigation (PDM) Grant Program Contract
12.0 ASSIGNMENT
This Agreement, and any claim arising under this Agreement, shall not be
assigned or delegated by Crook County either in whole or in part.
13.0 SUBCONTRACTS FOR ENGINEERING SERVICES
In the event that Crook County subcontracts for engineering services, Crook
County 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 contract.
If the firm is unable to obtain errors and omissions insurance, the firm shall post a
bond with Crook County for the benefit of Crook County of not Tess 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 contract shall be grounds
for termination. Crook County shall cause the subcontractor to provide it with a
thirty (30) day notice of cancellation issued by the insurance company.
14.0 GOVERNING LAW AND VENUE
This Agreement shall be governed and construed in accordance with the laws of
the State of Oregon without regard to principles of conflicts of law. Any claim,
action, suit or proceeding (collectively "Claim") between Deschutes County and
Crook County that arises from or relates to this Agreement shall be brought and
conducted solely and exclusively within the Circuit Court of Crook County for the
State of Oregon provided, however, if the Claim must be brought in a federal
forum, then it shall be brought and conducted solely and exclusively with the
United States District Court for the District of Oregon.
15.0 TERMINATION; RECOVERY OF FUNDS
1. By Crook County. Crook County may terminate this contract upon thirty
(30) days notice to Deschutes County and OEM and the return of all
federal funds paid to Crook County for the Project which have not been
expended or irrevocably committed to eligible activities. Termination under
this section shall not affect OEM's authority to recapture funds under
section 10.0, which shall survive termination of this contract.
2. By Deschutes County. Deschutes County may unilaterally terminate 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 and/or a
material misrepresentation, error, or inaccuracy in a Crook County
application.
PAGE 6 - Pre -Disaster Mitigation (PDM) Grant Program Contract
3. Tern-iination upon Noncompliance by Crook County
a. If inspections and review of Crook County support documentation
reveal noncompliance in performance of the work and/or
documentation of the work, Crook County will be required to correct
deficiencies or variances before program closure.
b. If corrective actions required do not resolve variances from the
approved Project, OEM will notify Crook County of such. OEM may
then make the determination that Crook County variances constitute
noncompliance or nonconformance to the Pre -Disaster Mitigation
Program and/or conditions. In the event of such determination, OEM
will notify Crook County of such action and recover obligated funds
from the Crook County and take other actions as specified under 44
CFR 13.43 (Enforcement) or 44 CFR 13.44 (Termination for
Convenience).
16.0 SAVINGS
Crook County shall apply any savings, rebates, and reductions in cost to reduce
the overall cost of the Project.
17.0 INDEMNIFICATION
To the extent permitted by any constitutional and statutory limitations applicable
to Crook County and Deschutes County, including, but not limited to, provisions
relating to debt limits, tort claims limits and workers' compensation, each County
shall, as required by ORS 401.145(2), indemnify, defend, save, and hold
harmless the other County and its agencies, officers, employees, agents, and
members, and the State of Oregon and its agencies, officers, employees, agents,
and members, from and against all claims, damages, losses, expenses, suits, or
actions of any nature arising out of or resulting from the activities of the County
engaging in the activities, its agencies, officers, employees, agents, members,
contractors, or subcontractors under this Agreement.
18.0 COUNTY ASSURANCES
Each County represents and warrants as follows:
1. Each County is a political subdivision of the State of Oregon. Each
County has full power, authority, and legal right to execute and deliver this
Agreement and incur and perform its obligations hereunder.
2. This Agreement has been duly authorized, executed, and delivered on
behalf of each County and constitutes the legal, valid, and binding
obligation of each County, enforceable in accordance with its terms.
PAGE 7 - Pre -Disaster Mitigation (PDM) Grant Program Contract
3. Each County hereby assures and certifies that it will comply with all
applicable state and federal laws and regulations, including, but not limited
to, the provisions of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act, 42 USC §§ 5121-5206 (Public Law 93-288, as amended;
hereafter "Stafford Act"); 44 CFR Parts 7, 13, 14, 17, 18 and 206, and
Subchapters B, C and D; Office of Management and Budget Circulars A-
21, A-87, A-102, A-110, A-122 and A-133; the Oregon State Public
Assistance Administrative Plan dated September 1993; Wages, Hours and
Records Laws (ORS Chapter 652) Conditions of Employment Laws (ORS
Chapter 643) and Unemployment Insurance Laws (ORS Chapter 657).
4. 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.
5. Each County will operate and maintain the facilities being restored, if any,
using funds provided under this Agreement 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.
6. Each County 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. Each County will, prior to the start of
any construction activity, ensure that all applicable federal, state and local
permits and clearances are obtained including FEMA compliance with the
National Environmental Policy Act, the National Historic Preservation Act,
the Endangered Species Act, and all other federal and state
environmental laws.
7 Neither County will 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.
8. Each County will comply with minimum wage and maximum hours
provision of the Federal Fair Labor Standards Act.
9. Each County shall comply with all federal, state and local laws,
regulations, executive orders and ordinances applicable to the work under
this agreement, including without limitation the provisions of ORS
2796.220, 279B.225, 279B.230, and 279B.235. Without limiting the
generality of the foregoing, each County expressly agrees to comply with:
PAGE 8 - Pre -Disaster Mitigation (PDM) Grant Program Contract
(i) Titles VI and VII of the Civil Rights Act of 1964, as amended; (ii)
Sections 503 and 504 of the Rehabilitation Act of 1973, as amended; (iii)
the Americans with Disabilities Act of 1990, as amended; (iv) Executive
Order 11246, as amended; (v) the Health Insurance Portability and
Accountability Act of 1996; (vi) the Age Discrimination in Employment Act
of 1967, as amended, and the Age Discrimination Act of 1975, as
amended; (vii) the Vietnam Era Veterans' Readjustment Assistance Act of
1974, as amended; (viii) ORS Chapter 659, as amended; (ix) all
regulations and administrative rules established pursuant to the foregoing
laws; and (x) all other applicable requirements of federal and state civil
rights and rehabilitation statutes, rules and regulations. These laws,
regulations and executive orders are incorporated by reference herein to
the extent that they are applicable to the Contract and required by law to
be so incorporated. Contractor shall, to the maximum extent economically
feasible in the performance of this Contract, use recycled paper (as defined
in ORS 279A.010(1)(ee)), recycled PETE products (as defined in ORS
279A.010(1)(ff)), and other recycled products (as "recycled product" is
defined in ORS 279A.010(1)(gg)).
10. Each County shall utilize certified minority-owned and women -owned
businesses (MWBE's) in the performance of this Agreement in
accordance with applicable law.
11. Neither County must comply with the provisions of the Davis -Bacon Act for
grants made under the disaster assistance program, unless otherwise
required by law. However, the State of Oregon Prevailing Wage Rates of
Public Works Contracts in Oregon, or BOLI (Oregon Bureau of Labor and
Industries) regulations must be followed. If FEMA or 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.
12. Each County and their 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. All employers,
including either County, that employs subject workers who work under this
Agreement in the State of Oregon shall comply with ORS 656.017 and
provide the required Workers' Compensation coverage, unless such
employers are exempt under ORS 656.126. Any contractor shall ensure
that each of its Subcontractors complies with these requirements. This
shall include Employer's Liability Insurance with coverage limits of not less
than $100,000 for each accident.
PAGE 9 - Pre -Disaster Mitigation (PDM) Grant Program Contract
19.0 ACKNOWLEDGMENTS
Crook County shall include language which acknowledges the funding
contribution of the FEMA to this Project in any information release or other
publication developed or modified for, or referring to the Project.
20.0 INSURANCE
Crook County will comply with the insurance requirements of the Stafford Act, as
amended, and obtain and maintain any other insurance as may be reasonable,
adequate, and necessary to protect against further Toss to any property which
was replaced, restored, repaired or constructed with this assistance.
21.0 SEVERABILITY
If any term or provision of this Agreement is declared by a court of competent
jurisdiction to be illegal or in conflict with any law, the validity of the remaining
terms and provisions and applications of this Agreement shall not be affected,
and the rights and obligations of the parties shall be construed and enforced as if
this Agreement did not contain the particular term or provision held to be invalid.
22.0 HEADINGS
The section headings in this Agreement are included for convenience only, do
not give full notice of the terms of any portion of this Agreement, and are not
relevant to the interpretation of any provision of this Agreement.
23.0 AGREEMENT ADMINISTRATION
The parties' representatives for purposes of this Agreement are:
For DESCHUTES COUNTY:
David Kanner
Deschutes County Administrator
1300 NW Wall St., Suite 200
Bend, OR 97701
Phone: (541) 388-6565
Fax: (541) 385-3202
For CROOK COUNTY: Judge Mike McCabe
Crook County Court
300 NE Third St., Rm. 10
Prineville, OR 97754
Phone: (541) 447-6555
Fax: (541) 416-3891
PAGE 10 - Pre -Disaster Mitigation (PDM) Grant Program Contract
Notices under this Agreement shall be given in writing by personal delivery,
facsimile, email or by regular or certified mail to the person identified in this
Section, or to such other person or at such other address as either party may
hereafter indicate pursuant to this section. Any notice delivered personally shall
be deemed received upon delivery. Notice by facsimile shall be deemed given
when receipt of the transmission is generated by the transmitting machine.
Notice by email is deemed received upon a return email or other
acknowledgment of receipt by the receiver, and notice by certified or registered
mail is deemed received on the date the receipt is signed or delivery is refused
by the addressee.
24.0 ENTIRE AGREEMENT
This Agreement sets forth the entire Agreement between the Parties with respect
to the subject matter hereof. Any additional terms or conditions imposed by
FEMA or OEM will be incorporated into an amendment to this Agreement.
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, Crook County and Deschutes County have executed this
Agreement as of the date and year written below.
Crook County, Oregon
Printed Name: Mike McCabe
Title: Crook County Judge
DATE: 42. a • OU?
300 NE Third St., Rm 10
Prineville, OR 97754
Deschutes County, Oregon
Printed Name: _
Title: Dennis R. Luke, Chair
Deschutes County B( and of
Commissioners
DATE:
1300 NW WaII St., Suite 200
Bend, OR 97701
PAGE 11 - Pre -Disaster Mitigation (PDM) Grant Program Contract