HomeMy WebLinkAboutDoc 589 - IGA - Wildland Fuels GrantDeschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701 -19W
(541) 388 -6570 - Fax (541) 385 -3202 - www.deschutes.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of October 14, 2009
Please see directions for completing this document on the next page.
DATE: October 7, 2009
FROM: Joe Stutler Forestry 322 -7117
TITLE OF AGENDA ITEM:
Consideration of Approval of County Administrator's Signature of Document No. 2009 -589, an
Intergovernmental Agreement with the Oregon Office of Emergency Management regarding FireFn ;e
and Defensible Space Efforts.
PUBLIC HEARING ON THIS DATE? NO
BACKGROUND AND POLICY IMPLICATIONS:
Deschutes County, in partnership with Crook County, has successfully applied and received two pre -
disaster mitigation grants to treat wildland hazardous fuels on private and county -owned lands.
Deschutes County currently has an agreement with the Oregon Office of Emergency Management fc T
$ 1.1 million; this agreement is now being implemented and fuels in both counties are being treated.
This agreement covers the second grant received. The County Administrator signed the previous
agreement based on Board approval and the dollar amount. The second grant is for $1,125,549.35, and
is for the same purpose, which is treating wildand hazardous fuels.
FISCAL IMPLICATIONS:
The amount of the grant is in the Forestry and Natural Resources budget for the current fiscal year; so
no additional budget action is required.
RECOMMENDATION & ACTION REQUESTED:
Recommend that the Deschutes County Board of County Commissioners grant approval for the Coui ty
Administrator to sign the agreement with the Oregon Office of Emergency Management.
ATTENDANCE: Joe Stutler
DISTRIBUTION OF DOCUMENTS:
Two original signature documents need to be mailed to the Oregon Office of Emergency Management
for signature; the County Forester will handle.
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.
September 30, 2009
Contractor /Supplier /Consultant Name:
Contractor Contact:
2911
Dennis Siegrist
Department:
Oregon Emergency Management
Type of Document: Intergovernmental Agreement
Contractor Phone #:
(503)378-
Goods and /or Services: The IGA is with Oregon Emergency Management 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.
A IGA with Crook County is forthcoming. 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:
12, 2012.
October 1, 2009
Annual Value or Total Payment:
$735,549.35
Ending Date:
❑ Insurance Certificate Received check box)
Insurance Expiration Date:
September
Check all that apply:
❑ RFP, Solicitation or Bid Process
7 Informal quotes ( <$150K)
❑ Exempt from RFP, Solicitation or Bid Process (specify — see DCC §2.37)
Funding Source: (Included in current budget? ® Yes ❑ No
If No, has budget amendment been submitted? ❑ Yes ❑ No
9/30/2009
Is this a Grant Agreement providing revenue to the County? ® Yes ❑ 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: ❑ Yes ® No
Contact information for the person responsible for grant compliance: Name: Joe
Stutter
Phone #: 322 -7117
Departmental Contact and Title:
7117
Department Director Approval:
Joe Stutler
- \) qqJ/J�
Signature
Phone #: 322-
Date
Distribution of Document: Two original signed agreement, return both to Joe Stutter
Official Review:
County Signature Required (check one): ® BOCC ❑ Department Director (if <$25K)
El Administrator (if >$25K butt <$150K• if >$150K, BOCC Order No.
Legal Review I Date /&' 2 al
L
Document Number p x° a; 0 0 9 dr
9/30/2009
REVIEW,El?
STATE OF OREGON
OREGON EMERGENCY MANAGEMENT
Pre - Disaster Mitigation (PDM) Program Contract, FY08 / PDM -C / CFDA 97.047
LEGA L COUNSEL
1.0 PARTIES TO THIS AGREEMENT
This Agreement is made and entered into by and between the State of Oregon,
Oregon Military Department, Office of Emergency Management, hereinafter
referred to as "Grantee" and Deschutes County, hereinafter referred to as
"Subgrantee ".
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 funding was made available for the FY08 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.
THEREFORE, the Parties 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 Grantee
Under the authority of section 203 of the Stafford Act, Grantee is reimbursing the
Subgrantee for those eligible costs and activities necessary for the
implementation of the Pre - Disaster Mitigation grant project entitled 2008
Deschutes & Crook Counties Wildland Fire Mitigation Continuation Project
dated January 29, 2008, and described in the application materials submitted to
Grantee as the work to be performed, hereinafter referred to as the "Project ".
3.0 TIME OF PERFORMANCE
Activities payable under this Agreement and to be performed by Subgrantee
under this Agreement shall be those eligible activities which occurred starting
PAGE 1 Pre - Disaster Mitigation Grant Program Contract
FEMA PDM FY08 Grant No. PDMC- PJ- 10 -OR- 2008 -005, EMS - 2009 -PC- 0006(0)
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LA�� L U U .'
September 21, 20091 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
Project are also eligible for grant funding.
4.0 CLOSE -OUT
It shall be the responsibility of Grantee to issue close -out instructions to the
Subgrantee upon completion of the Project.
5.0 FUNDING
The total estimated cost of the Project for the purpose of this Grant Agreement is
$1,125,549.35.
Grantee will administer the PDM Program and reimburse any eligible costs for
the Project to Subgrantee which is identified in the documentation provided by
Subgrantee and approved by Grantee and FEMA.
The Parties understand that the FEMA will contribute up to seventy -five percent
(75 %) of the eligible costs for any eligible activity as provided for in subparagraph
4 of Section 6.0 of this Agreement, and that no state funds are obligated for
contribution under this Agreement unless otherwise provided by the subgrantee
in the case where the subgrantee is the state. The FEMA share for this project is
$667,873.60.
Subgrantee will commit the required, minimum twenty -five percent (25 %) non-
federal match to any eligible project; $457,675.75 for this Project.
6.0 PAYMENTS
Grantee, using funds granted for purposes of the Pre - Disaster Mitigation Grant
Program from FEMA, shall issue payments to Subgrantee as follows:
1. Payments will be made to Subgrantee upon submission and approval
of a State of Oregon PDM Payment Request to the Grantee. 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.
2. Final Payment will be made upon completion of Project, completion of
all final inspections by Grantee, and final approval by FEMA. Final
payment will also be conditioned upon a financial review by Grantee or
October 1, 2007 for eligible pre -award grant costs.
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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 the Grantee, 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. Grantee reserves the right to make any inspection prior to release of
any payment or at any time during the duration of this Agreement.
7.0 COST OVERRUNS
Cost overruns are the responsibility of the Subgrantee and will be borne fully by
the Subgrantee.
8.0 RECORDS MAINTENANCE
The Subgrantee 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 Grantee personnel, other personnel duly authorized by the Grantee, the
Secretary of State's Audits Division, or the United States Inspector General.
Subgrantee 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.
Subgrantee 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 (see 28.0 Acquisition Addendum). Subgrantee shall
retain real estate transaction and property tracking records indefinitely.
9.0 AUDITS AND RECORDS
Audits shall be in accordance with the Single Audit Act of 1984, as amended.
Subgrantee is to procure, at its own cost, audit services based on the following
guidelines:
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1 Subgrantee receiving less than $50,000 in federal funds in a fiscal year is
exempt from compliance with the Single Audit Act. However, records
must be available for review by Grantee.
2. Subgrantee receiving $50,000 to $500,000 in total federal funds in a fiscal
year may choose to have an audit made in accordance with the Office of
Management and Budget (OMB) Circular A -133 or a program audit.
3. Subgrantee receiving $500,000 or more in a fiscal year in total federal
funds shall have a Single Audit made in accordance with OMB Circular A-
133.
As applicable, Subgrantee 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.
Subgrantee 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.
Subgrantee shall maintain records and accounts in such a way as to facilitate the
Grantee's audit requirements, and ensure that Subgrantee's contractors and
subcontractors also maintain records which are auditable. Subgrantee is
responsible for any audit exceptions incurred by its own organization or that of its
contractors. Grantee reserves the right to recover from the Subgrantee
disallowed costs resulting from the final audit.
Subgrantee 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
Subgrantee's fiscal year in which any funds received by Subgrantee under this
Agreement are received. Responses to previous management findings and
disallowed or questioned costs shall be included with the audit report.
Subgrantee will respond to Grantee's requests for information or corrective action
concerning audit issues within 30 days of the request.
Subgrantee shall include these requirements in any contract or subcontracts.
10.0 RECOVERY OF FUNDS
In the event that Subgrantee 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
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Grantee, Grantee reserves the right to recapture funds in accordance with
federal and state laws and requirements. Subject to any exercise of rights of
appeal pursuant to Section 15 of this Agreement, repayment by Subgrantee 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.
The Subgrantee shall be responsible for pursuing recovery of monies paid under
this Agreement against any party that might in Subgrantee's opinion be liable,
and further, the Subgrantee 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 the Subgrantee obtains recovery from a responsible party, the
Subgrantee shall first be reimbursed its reasonable costs of litigation from such
recovered funds. Thereafter, Subgrantee shall pay to the Grantee the
proportionate federal share of all Project funds recovered in excess of costs of
litigation.
11.0 CONFLICT OF INTEREST
Subgrantee 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.
12.0 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.
13.0 ASSIGNMENT
This Agreement, and any claim arising under this Agreement, shall not be
assigned or delegated by Subgrantee either in whole or in part.
14.0 SUBCONTRACTS FOR ENGINEERING SERVICES
In the event that Subgrantee subcontracts for engineering services, Subgrantee
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 Subgrantee for the benefit of Subgrantee of not less than the amount of its
subcontract. Such insurance or bond shall remain in effect for the entire term of
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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. Subgrantee shall cause the subcontractor to provide it with a thirty
(30) day notice of cancellation issued by the insurance company.
15.0 APPEALS
Consistent with the Code of Federal Regulations, 44 CFR 206.440, Subgrantee
may appeal any determination previously made related to the federal assistance
for Subgrantee. The Subgrantee's appeal shall be made in writing and submitted
to OEM within 60 days after receipt of notice of the action which is being
appealed. The appeal shall contain documented justification supporting the
Subgrantee's position.
16.0 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 OEM and Subgrantee
that arises from or relates to this Agreement shall be brought and conducted
solely and exclusively within the Circuit Court of Marion 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. Subgrantee, BY EXECUTION OF THIS
AGREEMENT, HEREBY CONSENTS TO THE IN PERSONAM JURISDICTION
OF SAID COURTS.
17.0 TERMINATION; RECOVERY OF FUNDS
1. By Subgrantee. Subgrantee may terminate this contract upon thirty (30)
days notice to Grantee and the return of all federal funds paid to
Subgrantee for the Project which have not been expended or irrevocably
committed to eligible activities.
2. By Grantee. The Grantee may unilaterally terminate all or part of this
Agreement or may reduce its scope of work if there is:
a. A reduction in federal funds which are the basis for this Agreement,
and /or,
b. A material misrepresentation, error, or inaccuracy in Subgrantee's
application.
3 Termination upon Noncompliance by Subgrantee
a. If inspections and review of Subgrantee support documentation reveal
noncompliance in performance of the work and /or documentation of
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the work, the Subgrantee will be required to correct deficiencies or
variances before program closure.
b. If corrective actions required do not resolve variances from the
approved Project, Grantee will notify Subgrantee of such. Grantee
may then make the determination that Subgrantee variances constitute
noncompliance or nonconformance to the Pre - Disaster Mitigation
Program and /or conditions. In the event of such determination,
Grantee will notify Subgrantee of such action and recover obligated
funds from the Subgrantee and take other actions as specified under
44 CFR 13.43 (Enforcement) or 44 CFR 13.44 (Termination for
Convenience).
18.0 SAVINGS
Subgrantee shall apply any savings, rebates, and reductions in cost to reduce
the overall cost of the Project.
19.0 WAIVERS
The failure of OEM to exercise, and any delay in exercising, any right, power, or
privilege under this Agreement shall not operate as a waiver thereof, nor shall
any single or partial exercise of any right, power, or privilege under this
Agreement preclude any further exercise thereof or the exercise of any other
such right, power, or privilege. The remedies provided herein are cumulative and
not exclusive of any remedies provided by law.
20.0 INDEMNIFICATION
To the extent permitted by any constitutional and statutory limitations applicable
to Subgrantee, including, but not limited to, provisions relating to debt limits, tort
claims limits and workers' compensation, Subgrantee shall, as required by ORS
401.145(2), indemnify, defend, save, and hold harmless the United States 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 Subgrantee, its agencies, officers, employees,
agents, members, contractors, or subcontractors under this Agreement.
21.0 Subgrantee ASSURANCES
Subgrantee represents and warrants to Grantee as follows:
1. Subgrantee is a political subdivision of the State of Oregon. Subgrantee
has full power, authority, and legal right to execute and deliver this
Agreement and incur and perform its obligations hereunder.
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2. This Agreement has been duly authorized, executed, and delivered on
behalf of Subgrantee and constitutes the legal, valid, and binding
obligation of Subgrantee, enforceable in accordance with its terms.
3. Subgrantee 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. Subgrantee 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. Subgrantee 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. Subgrantee will, prior to the start of
any such 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 Subgrantee 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.
8. Subgrantee will comply with minimum wage and maximum hours provision
of the Federal Fair Labor Standards Act.
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9. Subgrantee 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 279B.220,
279B.225, 279B.230, and 279B.235. Without limiting the generality of the
foregoing, Subgrantee expressly agrees to comply with: (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. Subgrantee shall utilize certified minority -owned and women -owned
businesses (MWBE's) in the performance of this Agreement in
accordance with applicable law.
11. Subgrantee does not have to comply with the provisions of the Davis -
Bacon Act for grants made under the disaster assistance program, unless
otherwise required by law. Since the Project does not involve
construction, reconstruction or renovation of a public building or public
facility, but rather pre- disaster natural hazard mitigation by reducing
wildfire fuels and therefore the maintenance of real property, Subgrantee
does not have to comply with the provisions of the State of Oregon
Prevailing Wage Rates of Public Works Contracts in Oregon or BOLI
(Oregon Bureau of Labor and Industries) regulations. If FEMA or any
other Federal agencies 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. Subgrantee 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. All employers,
including Subgrantee, that employ subject workers who work under this
Agreement in the State of Oregon shall comply with ORS 656.017 and
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provide the required Workers' Compensation coverage, unless such
employers are exempt under ORS 656.126. 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.
22.0 OWNERSHIP OF PROJECT /CAPITAL FACILITIES
The Grantee 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 or title to such property of the Subgrantee.
23.0 ACKNOWLEDGMENTS
Subgrantee 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.
24.0 INSURANCE
The Subgrantee 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 loss to any
property which was replaced, restored, repaired or constructed with this
assistance.
25.0 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.
26.0 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.
27.0 AGREEMENT ADMINISTRATION
The Parties' representatives for purposes of this agreement are:
For SUBGRANTEE:
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NAME: Dave Kanner
TITLE: Deschutes County Administrator
ADDRESS: 1300 NW Wall St.
CITY: Bend, Oregon
Phone: 541 - 388 -6565
Fax: 541 - 385 -3202
For OEM:
Abby Kershaw
Section Director, Financial and Recovery Services Section
Oregon Emergency Management
P.O. Box 14370
Salem, OR 97309 -5062
Phone: 503.378.2911, ext 22227
Fax:
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.
28.0 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 Grantee 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.
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IN WITNESS WHEREOF, Grantee and Subgrantee have executed this Agreement as
of the date and year written below.
Oregon Emergency Management
Abby Kershaw
Deschutes County, Oregon, Subgrantee
Printed Name: David Kanner
Title: Deschutes County Administrator
DATE: DATE:
Oregon Emergency Management
P.O Box 14370
Salem, OR 97309 -5062
CFDA: 97.017
APPROVED AS TO FORM:
Keith Kutler
Oregon Attorney General's Office
Subgrantee — Deschutes County, OR
Federal Tax ID No. (TIN): 93- 6002292
Organization: Deschutes County, Oregon
Address: 1300 NW Wall St.
Bend, OR 97701
Phone: 541 - 388 -6565
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