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HomeMy WebLinkAbout1997-127 Grant - ODOT No 1160-DR-OR STATE OF OREGON OREGON STATE POLICE OFFICE OF EMERGENCY MANAGEMENT HAZARD MITIGATION GRANT PROGRAM CONTRACT 1160-DR-OR 1.0 2.0 3.0 PARTIES TO THIS AGREEMENT This Agreement is made and entered into by and between the Oregon State Police, Office of Emergency Management, hereinafter referred to as "Grantee" and the City of Ashland, hereinafter referred to as the "Subgrantee". WHEREAS, the Grantee is authorized by the 1996 FEMA-State Agreement for the December 1996/January 1997 Flood Event (DR-1160-OR) to execute on behalf of the State of Oregon all necessary documents for the Hazard Mitigation Grant Program, including approval of sub-grants and certification of claims; THEREFORE, both parties mutually agree to the following: PURPOSE Federal funding is provided by the Federal Emergency Management Agency (FEMA) and is administered by the Grantee. Under the authority of Presidential Major Disaster Declaration FEMA 1160-DR-OR, the Grantee is reimbursing the Subgrantee for those eligible costs and activities necessary for the implementation of the Hazard Mitigation Project entitled Ashland Creek Restoration Project dated June 1, 1997 and described in the application materials submitted to Grantee as the work to be performed, hereinafter referred to as the "project". TIME OF PERFORMANCE Activities payable under this Agreement and to be performed by the Subgrantee under this Agreement shall be those activities which occurred starting June 1, 1997 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." In the event of extenuating circumstances, the Grantee may, at its sole discretion, grant a time extension to the approved project. Such requests shall be submitted by the Subgrantee in writing with an explanation of the extenuating circumstances. DR-1160, OEM Project # 029-03050 Effective 8/21/97 I 6.0 PAYMENTS The Grantee, using funds granted for the purposes of the Hazard Mitigation Grant Program from FEMA, shall issue payments to the Subgrantee as follows: 1. Small project (less than $46,000) payments: Payments are made for all small projects to the Subgrantee upon submission and approval of a State of Oregon Hazard Mitigation Program Payment Request to the Grantee. 2. Large Projects (greater than $46,000) partial payments: Partial payment of funds for costs already incurred on large projects may be made to the Subgrantee upon submission and approval of a State of Oregon Hazard Mitigation Program Payment Request, with appropriate supporting documentation, from the Subgrantee to the Grantee. 3. Final Payment: Final payment will be made upon submission by the Subgrantee of a Hazard Mitigation Plan as required in the Oregon Hazard Mitigation Program Administrative Plan for DR-1160, completion of project, completion of all final inspections by the Grantee, and final approval by FEMA. Final payment will also be conditioned upon a financial review by the Grantee 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. 4. The Subgrantee is eligible to receive federal administrative monies, upon completion and closure of the project, for the costs of requesting, obtaining, and administering the Hazard Mitigation Program grant(s) based upon the following percentages of total net 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. 5. All payment requests shall be made on a State of Oregon Hazard Mitigation Program Payment Request Form to the Grantee, which references the appropriate Hazard Mitigation Project Number, FEMA Project # and FIPS #, and appropriate documentation as required. DR-1160, OEM Project # 029-03050 Effective 8/21/97 3 The Subgrantee 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 Subgrantee shall maintain records and accounts in such a way as to facilitate the Grantee's audit requirements, and ensure that contractors also maintain records which are auditable. The Subgrantee is responsible for any audit exceptions incurred by its own organization or that of its contractors. The Grantee reserves the right to recover from the Subgrantee disallowed costs resulting from the final audit. The Subgrantee is responsible for sending the audit report to the Grantee's Project Administrator when requested. Responses to previous management findings and disallowed or questioned costs shall be included with the audit report. The Subgrantee will respond to the Grantee's requests for information or corrective action concerning audit issues within 30 days of the request. The Subgrantee shall include these requirements in any subcontracts. 10.0 RECOVERY OF FUNDS In the event that the Subgrantee fails to complete the project(s), fails to expend or is over paid federal funds in accordance with federal or state Hazard Mitigation Program laws or programs, or is found by audit or investigation to be owing to the Grantee, the Grantee reserves the right to recapture funds in accordance with federal or state laws and requirements. Repayment by the Subgrantee of agreement funds under this recovery provision shall occur within 30 days of demand. In the event that the Grantee is required to institute legal proceedings to enforce this recovery provision, the Grantee shall be entitled to its costs thereof, including reasonable attorney fees. 11.0 CONFLICT OF INTEREST The Subgrantee 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. DR-1160, OEM Project # 029-03050 Effective 8/21/97 5 17.0 GOVERNING LAW AND VENUE 18.0 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 Oregon. Venue of any suit between the parties arising out of this Agreement shall be in the Circuit Court of Oregon for Marion County. TERMINATION 19.0 If inspections and review of Subgrantee support documentation reveal noncompliance in performance of the work and/or documentation of the work, the Subgrantee will be required to correct deficiencies or variances before program closure. If corrective actions required do not resolve variances from the approved project, the Grantee will notify the Subgrantee of such. The Grantee may then make the determination that the Subgrantee variances constitutes noncompliance or nonconformance to the Hazard Mitigation Grant Program and/or conditions. In the event of such determination, the Grantee will notify the Subgrantee of such action and recover obligated funds from the Subgrantee or take other actions as specified under 44 CFR §13.43 Enforcement or §13.44 Termination for Convenience. Subgrantee may terminate this contract with thirty (30) days notice and the return of all federal funds paid to Subgrantee for the project. The Grantee may unilaterally terminate all or part of this Agreement or may reduce its scope of work if there is: 1. A reduction in federal funds which are the basis for this Agreement, and/or 2. A material misrepresentation, error or inaccuracy in Subgrantee's application. SAVINGS Subgrantee shall apply any savings, rebates and reductions in cost to reduce the overall cost of the project DR-1160, OEM Project # 029-03050 Effective 8/21/97 7 STATE OF OREGON OREGON STATE POLICE OFFICE OF EMERGENCY MANAGEMENT HAZARD MITIGATION GRANT PROGRAM CONTRACT 1160-DR-OR 1.0 2.0 3.0 PARTIES TO THIS AGREEMENT This Agreement is made and entered into by and between the Oregon State Police, Office of Emergency Management, hereinafter referred to as "Grantee" and the City of Ashland, hereinafter referred to as the "Subgrantee". WHEREAS, the Grantee is authorized by the 1996 FEMA-State Agreement for the December 1996/January 1997 Flood Event (DR-1160-OR) to execute on behalf of the State of Oregon all necessary documents for the Hazard Mitigation Grant Program, including approval of sub-grants and certification of claims; THEREFORE, both parties mutually agree to the following: PURPOSE Federal funding is provided by the Federal Emergency Management Agency (FEMA) and is administered by the Grantee. Under the authority of Presidential Major Disaster Declaration FEMA 1160-DR-OR, the Grantee is reimbursing the Subgrantee for those eligible costs and activities necessary for the implementation of the Hazard Mitigation Project entitled Ashland Creek Restoration Project dated June '1, 1997 and described in the application materials submitted to Grantee as the work to be performed, hereinafter referred to as the "project". TIME OF PERFORMANCE Activities payable under this Agreement and to be performed by the Subgrantee under this Agreement shall be those activities which occurred starting June 1, 1997 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." In the event of extenuating circumstances, the Grantee may, at its sole discretion, grant a time extension to the approved project. Such requests shall be submitted by the Subgrantee in writing with an explanation of the extenuating circumstances. DR-1160, OEM Project # 029-03050 Effective 8/21/97 1 Orego ,n John A. Kitzhaber, M.D., (;overm r November 14, 1997 Mr. Greg Scoles City of Ashland 20 East Main Street Ashland, OR 97520 Department of State Police Oregon Emergency Management 595 Cottage Street NE Salem, OR 97310 (503) 378-2911 FAX (503) 588-1378 TTY (503) 373-7857 oemd@oem.state.or. us RE: HAZARD MITIGATION GRANT PROGRAM, DR-1160 OEM Project #029-03050, FEMA Project #1160.0011 Ashland Creek Restoration Project FIPS #029-03050 Dear Mr. Scoles: Enclosed please find a copy of the executed contract. Please keep these copies for your records. Also find enclosed the 424 form, which needs to be filled out completely on the front and signed by the Mayor. Please return the 424 form to us when you have obtained the signature and we can then proceed with setting up the file and preparing for payment requests from you. If you have any questions, or need further assistance, please contact me, your project coordinator, at (503) 986-0257. Sincerely, Judy Olson Project Coordinator Enclosures JO/dc 9-1-1 Saves .... 6.0 PAYMENTS The Grantee, using funds granted for the purposes of the Hazard Mitigation Grant Program from FEMA, shall issue payments to the Subgrantee as follows: 1. Small project (less than $46,000) payments: Payments are made for all small projects to the Subgrantee upon submission and approval of a State of Oregon Hazard Mitigation Program Payment Request to the Grantee. 2. Large Projects (greater than $46,000) partial payments: Partial payment of funds for costs already incurred on large projects may be made to the Subgrantee upon submission and approval of a State of Oregon Hazard Mitigation Program Payment Request, with appropriate supporting documentation, from the Subgrantee to the Grantee. 3. Final Payment: Final payment will be made upon submission by the Subgrantee of a Hazard Mitigation Plan as required in the Oregon Hazard Mitigation Program Administrative Plan for DR-1160, completion of project, completion of all final inspections by the Grantee, and final approval by FEMA. Final payment will also be conditioned upon a financial review by the Grantee 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. 4. The Subgrantee is eligible to receive federal administrative monies, upon completion and closure of the project, for the costs of requesting, obtaining, and administering the Hazard Mitigation Program grant(s) based upon the following percentages of total net 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. 5. All payment requests shall be made on a State of Oregon Hazard Mitigation Program Payment Request Form to the Grantee, which references the appropriate Hazard Mitigation Project Number, FEMA Project # and FIPS #, and appropriate documentation as required. DR-1160, OEM Project # 029-03050 Effective 8/21/97 3 7.0 8.0 9.0 6. Funding shall not exceed the total federal contributions available for the approved hazard mitigation project costs under the Hazard Mitigation Grant Program FEMA-1160-DR-OR. 7. Grantee reserves the right to make any inspection prior to release of any payment or at any time during the duration of this agreement. COST OVERRUNS Cost overruns are the responsibility of the Subgrantee and will be borne by the Subgrantee. RECORDS MAINTENANCE The Subgrantee shall maintain books, records, documents, and other evidence including 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 Grantee personnel, other personnel duly authorized by the Grantee, the Secretary of State's Audits Division or the United States Inspector General. The 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 photo document pre-construction, construction and completed conditions of the project and make such documents a part of its records. AUDITS Audits shall be in accordance with the Single Audit Act of 1984 and as amended. The Subgrantee is to procure audit services based on the following guideline: Subgrantee receiving $300,000 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 Subgrantee 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. DR-1160, OEM Project # 029-03050 Effective 8/21197 4 The Subgrantee 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 Subgrantee shall maintain records and accounts in such a way as to facilitate the Grantee's audit requirements, and ensure that contractors also maintain records which are auditable. The Subgrantee is responsible for any audit exceptions incurred by its own organization or that of its contractors. The Grantee reserves the right to recover from the Subgrantee disallowed costs resulting from the final audit. The Subgrantee is responsible for sending the audit report to the Grantee's Project Administrator when requested. Responses to previous management findings and disallowed or questioned costs shall be included with the audit report. The Subgrantee will respond to the Grantee's requests for information or corrective action concerning audit issues within 30 days of the request. The Subgrantee shall include these requirements in any subcontracts. 10.0 RECOVERY OF FUNDS In the event that the Subgrantee fails to complete the project(s), fails to expend or is over paid federal funds in accordance with federal or state Hazard Mitigation Program laws or programs, or is found by audit or investigation to be owing to the Grantee, the Grantee reserves the right to recapture funds in accordance with federal or state laws and requirements. Repayment by the Subgrantee of agreement funds under this recovery provision shall occur within 30 days of demand. In the event that the Grantee is required to institute legal proceedings to enforce this recovery provision, the Grantee shall be entitled to its costs thereof, including reasonable attorney fees. 11.0 CONFLICT OF INTEREST The Subgrantee 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. DR-1160, OEM Project # 029-03050 Ef~ective 8/21/97 5 12.0 POLITICAL ACTIVITY 13.0 14.0 15.0 16.0 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. ASSIGNMENT This Agreement, and any claim arising under this Agreement, may not be assigned or delegated by the Subgrantee either in whole or in part. SUBCONTRACTS FOR ENGINEERING SERVICES In the event that the Subgrantee subcontracts for engineering services, the 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 the Subgrantee for the benefit of the Subgrantee 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 Subgrantee shall cause the subcontractor to provide it with a thirty (30) day notice of cancellation issued by the insurance company. TERMS AND CONDITIONS This Agreement contains these terms and conditions agreed to by the Grantee and the Subgrantee. Any additional terms and conditions imposed by the Federal Emergency Management Agency or the Grantee 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. Failure to agree to FEMA imposed requirements shall be cause for termination. 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. APPEALS Consistent with the Code of Federal Regulations, 44 CFR Chapter 1, § 206.440, the Subgrantee may appeal any determination previously made related to the federal assistance for the Subgrantee. DR-1160, OEM Project # 029-03050 Effective 8/21197 6 17.0 GOVERNING LAW AND VENUE 18.0 19.0 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 Oregon. Venue of any suit between the parties arising out of this Agreement shall be in the Circuit Court of Oregon for Marion County. TERMINATION If inspections and review of Subgrantee support documentation reveal noncompliance in performance of the work and/or documentation of the work, the Subgrantee will be required to correct deficiencies or variances before program closure. If corrective actions required do not resolve variances from the approved project, the Grantee will notify the Subgrantee of such. The Grantee may then make the determination that the Subgrantee variances constitutes noncompliance or nonconformance to the Hazard Mitigation Grant Program and/or conditions. In the event of such determination, the Grantee will notify the Subgrantee of such action and recover obligated funds from the Subgrantee or take other actions as specified under 44 CFR §13.43 Enforcement or §13.44 Termination for Convenience. Subgrantee may terminate this contract with thirty (30) days notice and the return of all federal funds paid to Subgrantee for the project. The Grantee may unilaterally terminate all or part of this Agreement or may reduce its scope of work if there is: 1. A reduction in federal funds which are the basis for this Agreement, and/or 2. A material misrepresentation, error or inaccuracy in Subgrantee's application. SAVINGS Subgrantee shall apply any savings, rebates and reductions in cost to reduce the overall cost of the project DR-1160, OEM Project # 029-03050 Effective 8/21/97 7 20.0 WAIVERS No conditions or provisions of this Agreement can be waived unless approved by the Grantee in writing. The Grantee'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. 21.0 INDEMNIFICATION To the extent permitted by each party's constitutional and statutory limitations, including, but not limited to, provisions relating to debt limits, tort claims limits and workers' compensation, the Subgrantee shall 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. 22.0 SUBGRANTEE ASSURANCES Subgrantee assures Grantee that the project will adhere to all applicable federal and state laws, executive orders, regulations and policy. 23.0 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 interest or title to such property of the Subgrantee. 24.0 ACKNOWLEDGMENTS The Subgrantee shall include language which acknowledges the funding contribution of the Federal Emergency Management Agency (FEMA) to this project in any information release or other publication developed or modified for, or referring to the project. DR-1160, OEM Project # 029-03050 Effective 8/21/97 8 25.0 INSURANCE The Subgrantee 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. 26.0 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. 27.0 ORDER OFPRECEDENCE 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: · none. 28.0 AGREEMENT ADMINISTRATION Subgrantee's Authorized Agent shall be Mayor Catherine Golden. The Grantee's representative shall be the Governor's Authorized Representative or alternate. 29.0 ACQUISITION ADDENDUM In the event that the subgrantee's Hazard Mitigation project involves the acquisition of real property, subgrantee acknowledges receipt of an acquisition addendum and agreement to the conditions and requirements contained therein. DR-1160, OEM Project # 029-03050 Effective 8/21/97 9 30.0 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 Grantee and the Subgrantee have executed this Agreement as of the date and year written below. Governor's ,~uthSrized Representative Oregon State Police Office of Emergency Management Authorized Agent Signature - Subgrantee Printed Name: Catherine Golden Title: Mayor DATE: Oregon Emergency Management 595 Cottage St NE Salem, OR 97310 CFDA:83-516 DATE: 1 o · ~ Subgrantee - PLEASE PRINT THE FOLLOWING TO EXPEDITE PROCESSING: Federal Tax ID No. (TIN): ~ .- ~,oo ~ It'1 Organization: Address: 2.~ E, Phone: (_~t ~::) DR-1160, OEM Project # 029-03050 Effective 8/21/97 1 0 Orego ,n }ohn A. Kitzhaber, M.D., ~overm r November 14, 1997 Mr. Greg Scoles City of Ashland 20 East Main Street Ashland, OR 97520 Department of State Police Oregon Emergency Management 595 Cottage Street NE Salem, OR 97310 (503) 378-2911 FAX (503) 588-1378 TTY (503) 373-7857 oemd@oem.state.or. us RE: HAZARD MITIGATION GRANT PROGRAM, DR-1160 OEM Project #029-03050, FEMA Project #1160.0011 Ashland Creek Restoration Project FIPS #029-03050 Dear Mr. Scoles: Enclosed please find a copy of the executed contract. Please keep these copies for your records. Also find enclosed the 424 form, which needs to be filled out completely on the front and signed by the Mayor. Please return the 424 form to us when you have obtained the signature and we can then proceed with setting up the file and preparing for payment requests from you. If you have any questions, or need further assistance, please contact me, your project coordinator, at (503) 986-0257. Sincerely, Judy Olson Project Coordinator Enclosures JO/dc 9-1-1 Saves .... 4.0 5.0 CLOSE-OUT It shall be the responsibility of the Grantee to issue close-out instructions to the Subgrantee upon completion of the project. FUNDING The total estimated eligible cost of the project for the purpose of this Grant Agreement is $200,000. This estimated cost may be amended by up to ten percent (10%) upon completion of project engineering and prior to start of work to reflect actual costs. That amended cost shall then be the total project cost for the purposes of this contract. The Subgrantee shall notify Grantee if they elect to calculate costs according to this paragraph, in which event, the Grantee reserves the right to approve the costs and/or terminate this agreement after revised costs are submitted. Engineering costs under this paragraph shall not exceed ten percent (10%) of the initial estimated cost. The Grantee will administer the Hazard Mitigation Grant Program and reimburse any eligible costs for the project to the Subgrantee which are identified in the documentation provided by the Subgrantee and approved by the Grantee and FEMA. The parties understand that the Federal Emergency Management Agency will contribute seventy-five percent (75%) of the eligible costs for any eligible project and also will contribute an administrative allowance, 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. The Subgrantee will commit the required twenty-five percent (25%) match to any eligible project. Subgrantee understands that the Grantee has established a financial limitation for the obligation of federal funds per project for the Hazard Mitigation Grant Program DR-1160. The limit established for maximum project obligation of federal funds is $'150,000. DR-1160, OEM Project # 029-03050 Effective 8/21/97 2