HomeMy WebLinkAboutR-1996-033 FEMA / WA Military / Flood DamageRESOLUTION NO, R- 96 - 33
A RESOLUTION Authorizing the execution of an agreement with FEMANVashington
Military Department which will enable the City to be reimbursed for
a portion of the eligible costs for flood damage and repairs.
WHEREAS, the City received extensive damages to several of its facilities as a
result of the January flooding of the Naches and Yakima rivers, and
WHEREAS, this damage will require the City to perform specific work and
repairs that were not budgeted by the City, and which costs would significantly impact
operating and other reserves of the City, and
WHEREAS, the Presidential Disaster Declaration makes partial funding
available to assist the City with costs incurred for the repairs, now, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA
The City Clerk and the City Manager are hereby authorized and directed to
execute the attached and incorporated agreement with the Washington Military
Department, for the City of Yakima
ADOPTED BY THE CITY COUNCIL this Wday of JY, ft A Com- , 1996.
ATTEST:
City Clerk
WMD Agreement No.: MD -97-6127- )5a-
STATE
5a-
STATE OF WASHINGTON
MILITARY DEPARTMENT
STATE EMERGENCY MANAGEMENT
AND
zap
1.0 PARTIES TO THIS AGREEMENT
This agreement is made and entered into by and between the WASHINGTON
MILITARY DEPARTMENT or its successor agency, hereinafter referred to as
"DEPARTMENT', and the
hereinafter referred to as the "APPLI
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 Washington all necessary documents for public assistance, including
approval of sub -grants and certification of claims;
THEREFORE, both parties mutually agree to the following:
2.0 PURPOSE
Federal funding is provided by the Federal Emergency Management Agency
(FEMA) and is administered by the DEPARTMENT. Under the authority of
Presidential Major Disaster Declaration FEMA 1100 -DR -WA, the DEPARTMENT
is reimbursing the APPLICANT for those eligible costs and activities necessary
for the repair and restoration of public facilities damaged during the period of
January 26, 1996 and continuing.
3.0 TIME OF PERFORMANCE
Activities payable under this agreement and to be performed by the APPLICANT
under this agreement shall be those activities which occurred on or subsequent
to the incident period defined in the FEMA -State Agreement and shall terminate
upon completion of the project(s) approved by federal and state officials,
including completion of close out and audit. This period shall be referred to as
the "Agreement Period."
4.0 CLOSE-OUT
It shall be the responsibility of the DEPARTMENT to issue close-out instructions
to the APPLICANT upon completion of the project(s).
FEMA -1100 -DR -WA 2/96 Page 1 of 10
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 -1100 -DR -WA. it is understood that no final dollar figure is committed to
at the time that this agreement is executed, but that financial commitments will
be made by amendments to the project application as Damage Survey Reports
are completed in the field and projects are authorized by state and federal
officials
Pursuant to the FEMA -STATE AGREEMENT, the Federal Emergency
Management Agency will contribute 75 percent of the eligible costs for any
eligible project and 100 percent of the administrative costs, as provided for in
subsection 4 of Section 6.0.
Pursuant to the FEMA -STATE AGREEMENT, the DEPARTMENT will commit the
required 12.5 percent match to any eligible project for the APPLICANT which
has been identified under the Presidential Major Disaster Declaration
FEMA -1100 -DR -WA.
The APPLICANT will commit the required 12.5 percent match to any eligible
project for the APPLICANT which has been identified under the Presidential
Major Disaster Declaration FEMA -1100 -DR -WA.
6.0 PAYMENTS
Th DEPARTMENT, using funds granted for the purposes of the Presidential
Major Disaster Declaration from FEMA and the state of Washington, shall issue
payments to the APPLICANT as follows:
1. Small project payments: Payments are made for all :small projects to the
APPLICANT upon submission and approval of an A -19-1A invoice
Voucher to the DEPARTMENT.
2. Progress Payments: Progress payment of funds for costs already
incurred on large projects may be made to the APPLICANT upon
submission and approval of an A -19-1A, Invoice Voucher from the
APPLICANT to the DEPARTMENT.
3. Final Payment: Final payment will be made upon submission by the
APPLICANT on form DEM -+D01 (2/89), STATEMENT OF
DOCUMENTATION IN SUPPORT OF AMOUNT CLAIMED FOR
FINANCIAL DISASTER ASSISTANCE upon completion of project(s),
completion of all final inspections by the DEPARTMENT, and final
approval by FEMA. Final payment may also be conditioned upon a
financial review, if determined necessary by the DEPARTMENT or FEMA.
Adjustments to the final payment may be made following any audits
conducted by the Washington State Auditors Office or the United States
Inspector General.
FEMA -1100 -DR -WA 2/96 Page 2 of 10
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
For those costs over $5,000,000, one-half percent of such costs.
5. All payment requests shall
be made on an A=19 -1A form, State of
Washington, Invoice
6. Funding shall not exceed the totalsunderlthnsPres dstate entia) Major Dions saster
for the repair and restoration
Declaration FEMA -1100 -DR -WA.
7.0 RECORDS MAINTENANCE
The APPLICANT shall maintain books, records, documents, and other evidence
and accounting procedures and practices which sufficiently and properly reflect
all direct and indirect costs of any nature expended in the performance of this
agreement. These records shall be subject at all reasonable times to inspection,
review, or audit by DEPARTMENT personnel, other personnel duly authorized
by the DEPARTMENT, the Office of the State Auditor or the United States
Inspector General. The APPLICANT will retain all books, records, documents,
and other material relevant to this agreement for six years after the agreement is
closed and the Office of the State Auditor, the United States Inspector General,
or any persons duly authorized by the DEPARTMENT shall have full access to
and the right to examine any of said materials during said period.
8.0 AUDITS
Audits shall be in accordance with the Single Audit Act of 1984. The
APPLICANT is to procure audit services based on the following guidelines:
1. APPLICANT receiving less than $25,000 in federal funds in a fiscal year
is exempt from compliance
with
the Single. However, records
must be available for review by the DEPARTMENT.
2. APPLICANT receiving $25,000 to $100,000 in total federal funds in a
fiscal year may chose to have an audit made in accordance with Office of
Management and Budgets (OMB) Circular A-128 or a program audit.
2/96 Page 3 of 10
FEMA -1100 -DR -WA
3. APPLICANT receiving $100,000 or more in a fiscal year in total federal
funds shall have a Single Audit made in accordance with OMB Circular
A-128. -
As applicable, the APPLICANT must ensure the audit is performed in
accordance with Generally Accepted Accounting Principles, Government
Auditing Standards developed by the Comptroller General, dated July 1988; the
OMB Compliance Supplement for Single Audits of State and Local
Governments; and all state and federal laws and regulations goveming the
program.
The audit of the APPLICANTS program shall be conducted by the Office of the
State Auditor.
The APPLICANT must prepare a Schedule of Financial Assistance for federal
- funds that incudes: grantor name, program name, federal catalog (CFDA)
number, grantor agreement number, total award amount, beginning balance,
current year revenues, current year expenditures and ending balance.
The APPLICANT shall maintain its records and accounts in such 6i 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 Internal Audit Manager 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 fails to complete the project(s), fails to expend
or is over advanced federal funds in accordance with federal or state disaster
assistance laws or programs, or is found by audit or investigation to be owing to
the state, the DEPARTMENT reserves the right to recapture funds in accordance
with federal or state laws and requirements. Repayment by the APPLICANT of
agreement funds under this recovery provision shall occur within 30 days of
demand. in the event that the DEPARTMENT is required to institute legal
proceedings to enforce this recovery provision, the DEPARTMENT shall be
entitled to its costs thereof, including reasonable attorney fees.
FEMA -1100 -DR -WA 2196 Page 4 of 10
The APPLICANT shall be responsible for pursuing recovery of monies paid
under this agreement in providing disaster assistance against any party that
might be liable, and further the APPLICANT shall cooperate in a reasonable
manner with the State and the United States in efforts to recover expenditures
under this agreement.
In the event the APPLICANT obtains recovery from a responsible party, the
APPLICANT shall first be reimbursed its reasonable costs of litigation from such
recovered funds. The APPLICANT shall pay to the state the proportionate state
and federal share of all project funds recovered in excess of costs of litigation.
10.0 CONFLICT OF INTEREST
No officer or employee of the DEPARTMENT; no member, officer, or employee
of the APPLICANT or its designees or agents; no member of the goveming body
of the jurisdiction in which the project is undertaken or located; and no other
official of such locality or localities who exercises any functions or
responsibilities with respect to the project during his or her tenure, shall have
any personal or pecuniary gain in interest, direct or indirect, in any -contract,
subcontract, or the proceeds thereof, for work to be performed in connection with
the project assisted under this agreement.
The APPLICANT shall incorporate, or cause to incorporate, in all such contracts
or subcontracts, a provision prohibiting such interest pursuant to the purpose of
this provision.
11.0 POLITICAL ACTIVITY
No portion of the funds provided herein shall be used for any partisan political
activity or to further the election or defeat of any candidate for public office or
influence the approval or defeat of any ballot issue.
12.0 ASSIGNMENT
This Agreement, and any claim arising under this agreement, is not assignable
or delegable by the APPLICANT either in whole or in part.
13.0 SUBCONTRACTS FOR ENGINEERING SERVICES
In the event that the APPLICANT subcontracts for engineering services, the
APPLICANT shall require that the engineering firm be covered by errors and
omissions insurance in an amount not Tess than the amount of the firm's
subcontract. If the firm is unable to obtain errors and omissions insurance, the
firm shall post a bond with the APPLICANT for the benefit of the APPLICANT for
not less than the amount of its subcontract. Such insurance or bond shall
remain in effect for the entire term of the subcontract. The subcontract shall
provide that cancellation or lapse of the bond or insurance during the term of the
subcontract shall constitute a material breach of the subcontract and cause for
subcontract termination. The APPLICANT shall cause the subcontractor to
provide it with a 30 day notice of cancellation issued by the insurance company.
FEMA -1100 -DR -WA 2/96 Page 5 of 10
14.0 AMENDMENTS
This agreement contains the terms and conditions agreed to by the
DEPARTMENT and the APPLICANT. Any additional terms 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
- 206.206, 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 APPLICANTS position.
Upon receipt of an APPLICANT'S appeal, the DEPARTMENT will review the
material submitted, make such additional investigations as necessary, and shall
forward the appeal with a written recommendation to the FEMA within 60 days.
Within 90 days following receipt of the appeal, FEMA shall advise the
DEPARTMENT, in writing, as to the disposition of the appeal or the need for
additional information. If the decision is to grant the appeal, then FEMA will take
the appropriate implementing action.
16.0 GOVERNING LAW AND VENUE
This agreement shall be construed and enforced in accordance with, and the
validity and performance hereof shall be governed by, the laws of the State of
Washington. Venue of any suit between the parties arising out of this
agreement shall be the Superior Court of Thurston County, Washington.
17.0 SAVINGS
The DEPARTMENT may unilaterally terminate all or part of this agreement, may
reduce its scope of work or decrease the percentage of matching costs, if there
is a reduction in funds by the source of those funds, and if such funds are the
basis for this agreement.
18.0 TERMINATION
Except as otherwise provided in this Agreement, either party may terminate this
Agreement upon giving thirty (30) days written notice to the other party. In the
event of termination of this Agreement, the terminating party shall be liable only
for performance of services rendered prior to the effective date of termination.
FEMA -1100 -DR -WA 2/96 Page 6 of 10
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 thea of, or the acceptance of any performance during such
breach, shall not constitute a waiver of any right under this agreement.
20.0 INDEMNIFICATION
Each party shall protect and hold harmless the other party from and against all
claims, suits or actions arising from any negligent act or omission of that party's
employees, agents and/or authorized subcontractor(s) while performing under
the terms of this agreement.
The APPLICANT, and its employees, contractor(s) and subcontractor(s) shall
hold harmless the United States, and its agents and employees from and against
all claims, damages, losses and expenses arising out of or resulting from the
approved work, regardless of whether or not such claim, damage, loss or
expense is caused entirely or in part by the United States.
21.0 APPLICANT ASSURANCES
In addition to the Terms and Conditions specified herein, the APPLICANT also
agrees to the following assurances:
1. The APPLICANT hereby assures and certifies that they will comply with
state and federal laws and regulations, including but not limited to the
provisions of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act, Public Law 93-288, as amended; 44 CFR Part 13, 44
CFR Part 206, and the Washington State Public Assistance Manual dated
December 1995. These regulations and requirements are hereby
incorporated into this agreement by reference.
2. The emergency or disaster relief work for which federal or state
assistance is requested herein does not or will not duplicate benefits
received for the same loss from any other source.
3. The APPLICANT will operate and maintain the facilities in accordance
with the minimum standards as may be required or prescribed by the
applicable federal, state and local agencies for the maintenance and
operations of such facilities
4. The APPLICANT will, for any repairs or ccnstruction 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.
FEMA -1100 -DR -WA 2/96 Page 7 of 10
5. The APPLICANT will not enter into a contract with a contractor who is on
the General Services Admin'istration (GSA) Lists of Parties Excluded from
Federal Procurement or Non -procurement Programs.
6. The APPLICANT will comply with minimum wage and maximum hours
provisions of the Federal Fair Labor Standards Act.
7. The APPLICANT shall comply with all applicable federal and state non-
discrimination laws, regulations, and policies. No person shall, on the
grounds of age, race, creed, color, sex, religion, national origin,
residence, marital status, or disability (physical, mental, or sensory) be
denied the benefits of, or otherwise be subjected to discrimination under
any project, program, or activity, funded, in whole or in part, under this
Agreement. A violation of this provision is a material breach and cause
for termination under Section 18.0 of this Agreement.
8. The APPLICANT shall utilize certified minority-owned and women -owned
businesses (MWBEs) to the, maximum extent possible in the performance
of this agreement.
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. E' gible 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.
22.0 OWNERSHIP OF PROJECT/CAPITAL FACILITIES
The DEPARTMENT makes no claim to any capital facilities or real property
improved or constructed with funds under this Agreement, and by this grant of
funds does not and will not acquire any ownership interest or title to such
property of the APPLICANT. The APPLICANT shall assume all liabilities arising
from the ownership and operation of the project and agrees to hold the
DEPARTMENT and the state of Washington harmless from any and all causes
of action arising from the ownership and operation of the project.
23.0 ACKNOWLEDGEMENTS
The APPLICANT shall include language which acknowledges the funding
contribution of the DEPARTMENT and the Federal Emergency Management
Agency (FEMA) to this project in any release or other publication developed or
modified for, or referring to, the project.
FEMA -1100 -DR -WA 2/96 Page 8 of 10
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 agreere gent, unless otherwise provided
herein, the inconsistency shall be resolved by giving precedence in the following
order:
a. Applicable Federal and State statutes and regulations;
b. Applicable approved Damage Survey Reports; and
c. Any other provisions of the agreement whether incorporated by reference
or otherwise.
27.0 -AGREEMENT ADMINISTRATION /��eHn �i�Ge Asgls+an��1��j �. r•
APPLICANTS representative shall be �i �[
The DEPARTMENT'S representative shall be Donna Voss.
28.0 ENTIRE AGREEMENT
This Agreement sets forth the entire Agreement between the parties with respect
to the subject matter hereof. Commitments, warranties, representations and
understandings or agreements not contained, or referred to, in this Agreement or
written amendment hereto shall not be binding on either party. Except as may
be expressly provided herein, no alteration of any of the terms or conditions of
this Agreement will be effective without the written consent of both parties.
FEMA -1100 -DR -WA 2/96 Page 9 of 10
IN WITNESS WHEREOF, the DEPARTMENT and the APPLICANT have executed this
agreement as of the date and year written below.
Linda Burton -Ramsey, Director
Emergency Management Division
Washington Military Department
DATE:
APPROVED AS TO FORM
Kim O'Neal
Assistant Attorney General
DATE: 1-5-96
State Emergency Management
Camp Murray
Tacoma, Washington 98430-5122
(360) 923-4577
CFDA: 83.516
Applicant Signature
Printed Name:
Title:
DATE:
ATTEST:
Karen S. Roberts, CMC, City Clerk
APPLICANT - PLEASE PRINT THE
FOLLOWING TO EXPEDITE
PROCESSING
env rafter No: .967-74
Federal Tax ID No. (TIN): 91-6001293
Organization: City of Yakima
Address: 129 North 2nd St.
Yakima, WA 98901
Phone:
576-6480
FEMA -1100 -DR -WA 2/96 Page 10 of 10
IN WITNESS WHEREOF, the DEPARTMENT and the APPLICANT have executed this
agreement as of the date and year written below.
Linda Burton -Ramsey, Director
Emergency Management Division
Washington Military Department
Applicant Signature
Printed Name.
Title:
DATE: DATE:
ATTEST:
APPROVED AS TO FORM
Kim O'Neal
Assistant Attorney General
Karen S. Roberts,CMC,:
APPLICANT - PLEASE PRIN
TO EXPEDITE
PROCESSING
DATE: 1-5-96 Federal Tax ID No. (TIN): 91-6001293
State Emergency Management Organization: city of Yakima
Camp Murray
Tacoma, Washington 98430-5122 Address: 129 North 2nd Street
Yakima, WA 98901
(360) 923-4577
CFDA:. 83.516 Phone: 576-6480
FEMA -1100 -DR -WA 2/96 Page 10 of 10
OFFICE OF THE CITY MANAGER
129 North Second Street
CITY HALL, Yakima, Washington 98901
Phone (509) 575-6040
May 20, 1998
Mr. Jack Peters
Director Community Planning and Development
U.S. Department of Housing and Urban Development
Washington State Office
909 1st Avenue, Suite 300
Seattle, Washington 98104
RE: City of Yakima Disaster Relief Recovery Grant
Dear Mr. Peters:
Thank you for your continued support of the City of Yakima's efforts to stabilize our
targeted neighborhoods with HUD assistance. The award of a HUD Disaster Relief
Recovery Grant to improve the levee structure bordering the targeted area has received
a great response from the community, which desperately needs this type of protective
infrastructure to alleviate chronic flooding. Mr. Tom Kinney of the Seattle office has
been very helpful in the development of this project.
In December of 1997, the City of Yakima submitted the requested application and
supportive documentation for the grant. As is normal procedure, the City has awaited
the generation of a contract for the expenditure of funds from HUD. To date, the City of
Yakima has received no such contract.
Staff from the Department of Community and Economic Development have continued to
work with the U.S. Army Corps of Engineers and the Federal Emergency Management
Agency in anticipation of the contract and subsequent award. The original time frames
outlined in the project must now be altered, and if a contract is not generated in a timely
manner, the construction season will soon pass, and the project could be delayed until
1999. Meanwhile, the cost of construction continues to increase with each passing
month.
In addition, community members, organizations and businesses from our targeted
neighborhoods have continued to inquire as to the status of the project. The project is
important to them as it effects public safety, homeowner and flood insurance rates, and
the viability of new construction in the area. If the procedural delay has anything to do
with funding, or with national headquarters organization, several parties have expressed
FOR COt NcIL ,NFO ONLY
DATE _2:42...±42-1,_
Yakima
a willingness to contact our congressional delegation to provide support for the release
of funds.
The Yakima River Levee Project is very important in both an immediate and future
sense for the City of Yakima, and we would appreciate any efforts on your behalf to
expedite the generation of a contract for the grant. If you have any questions, or if I
may be of further assistance, please do not hesitate to contact me at 509/575-6113.
Thank you for your time and consideration of this important project.
Sincerely,
Assistant City Manager
cc: Mayor John Puccinelli
Members of City Council
Dick Zais, City Manager
Bill Cook, Office of Neighborhood Development Services