AG 91-038 - STATE OF WASHINGTON
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STATE OF W ASffiNGTON
DEPARTMENT OF COMMUNITY DEVELOPMENT
DIVISION OF EMERGENCY MANAGEMENT
CONTRACT #
1-91-645-27
FEDERAL TAX IDENTIFICATION # 91-1462550
This contract is made and entered into by and between the DEPARTMENT OF
COMMUNITY DEVELOPMENT, a department of tþe State of Washington
(her.Ønafter r~ferred to as the "Department"), and cÚ.i of, F~d~:r;al Way
~. ~. - . ~ ' (herein referred - t9 $ the "Applicant").
Under the authority of Presidential Major Disaster Declaration FEMA-0883-DR-WA,
the Department is contracting with the Applicant for those eligible costs and activities
necessary for the repair and restoration of public facilities damaged by flooding which
began on November 9, 1990, and hereto agree as follows:
PART I: FUNDING
The Department will administer the disaster assistance program and will commit the
required state match pursuant to the FEMA-STATE AGREEMENT, which is
incorporated by reference into this contract, to any eligible projects for the applicant
which are identified under the auspices of the Presidential Major Disaster Declaration
FEMA-0883-DR-WA. It is understood that no final dollar figure is committed to at the
time that this contract 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 authorized by state and federal officials.
The Applicant will commit the required local match pursuant to the FEMA-ST A TE
AGREEMENT to any eligible projects for the Applicant which are identified under the
Presidential Major Disaster Declaration FEMA-O883-DR-W A.
PART IT: TERMS AND CONDmONS
Payment
The Department, using funds granted for the purposes of the Presidential Major
Disaster Declaration from the Federal Emergency Management Agency (FEMA) and
the State of Washington, shall issue payments to the Applicant as follows:
1. Advances: Advance of funds may be made to the Applicant upon submission and
approval of a letter of request from the Applicant to the Governor's Authorized
Representative.
2. Final payment: Final payment will be made upon submission by the Applicant of
form DEM-OOI (2/89), STATEMENT OF DOCUMENTATION IN SUPPORT
OF .AMOUNT CLAIMED FOR FINANCIAL DISASTER ASSISTANCE within
60 days of completion of project(s) and completion of all final inspections by the
FEMA-ST ATE CONTRACT FORM. 0883
ORIGINAL
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Department and the Federal Emergency Management Agency. Final payment
may also be conditioned upon a financial review, if determined necessary by the
Department or by 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.
3. Funding shall not exceed the total federal and state contribution eligible for the
repair and restoration costs under this Presidential Major Disaster Declaration
FEMA-Q883-DR-WA. '
Time of Performance
Activities payable under this contract and to be performed by the Applicant under this
contract shall be those activities which occurred on or subsequent to the incident period
defined in the Federal/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 "Contract Period".
Waivers
No conditions or provisions of this contract can be waived unless approved by the
Department in writing. The Department's failure to insist upon strict performance of
any provision of the contract, 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 contract. -
Assignability
The Applicant shall not assign any interest in this contract and shall not transfer any
interest in the same (whether by assignment or novation).
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 governing 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 or 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 contract 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. :
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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.
Recovery of Funds
In the event that the Applicant fails to complete the project(s), fails to expend or is over
advanced federal and/or state 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 Governor's Authorized Representative reserves the right to recapture funds in
accordance With federal or state laws and requirements. Repayment by the Applicant of
contract 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.
The Applicant shall be responsible for pursuing recovery of monies paid under this
contract 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 contract.
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.
Indemnification
The Applicant, and its employees, contractor(s) and sub-contractor(s) shall hold
harmless the United States, and its agents and employees, the State of Washington and
its agents and employees from and against all claims, damages, losses and expenses.
arising out of or resulting from the approved work, regardless of whether or not such
claim, damage, loss or expense is caused entirely or in part by the United States or the
State of Washington.
Severability
If any provision under this contract agreement or its application to any person or
circumstance is held invalid by any court of rightful jurisdiction, this invalidity does not
affect other provisions of the contract agreement which can be given effect without the
invalid provision.
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Insurance
The Applicant will comply with the insurance requirements of Public Law 93-288, 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.
Subcontracts for Engineering Services
In the event that the Applicant subcontracts for engineering services, the Applicant shall
require that the engineering firm be covered by errors and omissions insurance in an
amount not less than the amount of the firm's subcontract. If the flfß1 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.
Close-out
It shall be the responsibility of the Department to issue close-out instructions to the
Applicant upon completion of the project(s).
PART ill: 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 (interim rules), and the
Washington State Disaster Assistance Manual dated February 1989. These
regulations and requirements are hereby incorporated into this contract 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
I11Ûúmum standards as may be required or prescribed by the applicable federal,
state and local agencies for the maintenance and operations of such facilities.
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4. The Applicant 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.
5. The Applicant will not enter into a contract with a contractor who is on the
General Services Administration (GSA) Consolidated List of Debarred,
Suspended and Ineligible Contractors.
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 federal and state laws against discrimination.
8. The Applicant shall utilize certified minority-owned and women-owned businesses
(MWBE's) to the maximum extent possible in the performance of this contract.
PART IV: ENTIRE AGREEMENT
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 to this
contract and require written approval by both parties to this contract.
PART V: GOVERNING LAW AND VENUE
This contract 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 contract shall be the Superior Court of
Thurston County, Washington.
PART VI: SEVERABILITY
In the event any term or condition of this contract or application thereof to any person
or circumstances is held invalid, such invalidity shall not affect other terms, conditions,
or applications of this contract which can be given effect without the invalid term,
condition, or application. To this end, the terms and conditions of this contract are
declared severable.
FEMA-STATE CONTRACT FORM. 0883
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IN WITNESS WHEREOF, the Department and the Applicant have executed this
contract as of the date and year written below.
DATE:
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APPROVED AS TO FORM
Larry Watters
Assistant Attorney General
'DATE: November 13. 1990
FEMA-ST ATE CONTRACT FORM8s3
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SignatUre" . /
Printed Name: J. Brent McFall
Title: City Manager
Organization -: City of Federal Way, WA
DATE:
021.lli91
Mailing address
33530 First Way South
Federal Way, Washington 98003
Phone: (206) 661-4013
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