RES 2014-11 Adopted RESOLUTION NO. 2014-11
A RESOLUTION AFFIRMING THE ACTIONS OF THE CITY ADMINISTRATOR
IN EXECUTING A MEMORANDUM OF AGREEMENT BETWEEN THE
SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION AND THE
11 CITY OF NORTH AUGUSTA RELATED TO DEBRIS REMOVAL WITHIN THE CITY.
WHEREAS, on or about the 28th day of February, 2014, the City received a
Memorandum of Agreement from the South Carolina Department of Transportation related
to debris removal and reimbursement procedures associated with the ice storm damage
within the City; and
WHEREAS, the execution and entering into the Agreement by the City
required immediate action in order to not only assist with the debris removal from the City
but also to protect the City's interest for reimbursement in the event of expense
I reimbursement from the Federal Emergency Management Association if such became
available; and
WHEREAS, the Mayor and City Council desire to affirm the actions of the
City Administrator in executing said Agreement.
NOW THEREFORE, BE IT RESOLVED that the Mayor and City Council of
11 the City of North Augusta, South Carolina, in meeting duly assembled and by the authority
8 ! thereof do hereby affirm the actions of the City Administrator in executing the
Memorandum of Agreement dated the 28th day of February, 2014 between the South
Carolina Department of Transportation and City of North Augusta (a copy of which is
3
attached hereto).
BE IT FURTHER RESOLVED that the City Administrator is specifically
authorized to execute any additional documentation as required by the South Carolina
Department of Transportation to qualify the City for assistance in debris removal by the
Department of Transportation as well as to receive reimbursement for expenses by the City
related to same either from the Federal Emergency Management Agency or such other funds
as might be available.
DONE,
RATIFIED AND ADOPTED BY THE M�YOR AND CITY COUNCIL OF THE
3 I CITY OF NORTH AUGUSTA, SOUTH CAROLINA,ON THIS 5 AY OF MAY,2014.
, d
Lark W. Jones, Mayor
ATTEST:
Donna B. Young, ity Clem
MEMORANDUM OF AGREEMENT
Between the
SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION
And
CITY OF NORTH AUGUSTA
This Memorandum of Agreement (hereinafter the "Agreement"), made and entered into this
c'g''t13 day of cg.goe L14e V , 20 , by and between the SOUTH CAROLINA
DEPARTMENT OF TRANSPORTATION (hereinafter referred to as the SCDOT) and CITY
OF NORTH AUGUSTA, (hereinafter referred to as the (CITY),
For the purpose of this Agreement, the following definitions apply:
Debris Removal is the clearance, removal, and/or disposal of items such as trees, woody debris,
sand, mud, silt, gravel, building components, wreckage, vehicles, and personal property.
For debris removal to be eligible, the work must be necessary to:
• Eliminate an immediate threat to lives, public health and safety
• Eliminate immediate threats of significant damage to improved public or private
property
• Ensure the economic recovery of the affected community to the benefit of the
community-at-large
• Mitigate the risk to life and property by removing substantially damaged structures and
associated appurtenances as needed to convert property acquired through a FEMA
hazard mitigation program to uses compatible with open space, recreation, or wetlands
management practices
Examples of eligible debris removal activities include:
• Debris removal from a street or highway to allow the safe passage of emergency
vehicles
• Debris removal from public property to eliminate health and safety hazards
WHEREAS, during a declared State of Emergency or State of Disaster which implements the
South Carolina Emergency Operations Plan (hereinafter, referred to as the SCEOP), the SCDOT
may be called upon to perform certain functions, including the removal of eligible storm debris
from the rights-of-way of state maintained roads and bridges, that is disaster related, pursuant to
the SCEOP; and
WHEREAS, it is the policy of the SCDOT and of the CITY to cooperate with each other in
order to maximize the use and allocation of the monetary resources each are entrusted with, and
WHEREAS, the CITY has requested that it be allowed the opportunity and responsibility to
perform certain SCDOT functions as set forth in the SCEOP in order to assure that its citizens
are served and protected; and
WHEREAS, the implementation of this Agreement is based on the consideration of future severe
natural disasters that could affect state maintained roads and bridges within the geographical
limits of the CITY; and
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WHEREAS, the implementation of this Agreement is in the best interest of both the SCDOT and
the CITY and it would be most practical, expeditious, and economical for the CITY to
participate with the SCDOT to perform the services as needed as described in Exhibit "A"
attached hereto.
NOW THEREFORE, the parties agree as follows:
PROJECT DESCRIPTION:
A. It is understood by the SCDOT and the CITY, in the event of any declared
severe natural disaster(s) that affect state maintained roads and bridges
within the CITY, the CITY will conduct Debris Removal on State
maintained roadways and bridges as described in Exhibit "A", attached
hereto.
B. These activities will be in accordance with Federal Emergency
Management Agency (hereinafter, referred to as FEMA) rules,
regulations, and procedures. (FEMA Public Assistance Guide, FEMA
322).
II. The SCDOT:
A. Will authorize orally and followed up in writing and direct the CITY to
perform services under the terms of this Agreement on an as needed basis.
B. Does not guarantee that any work or services will be authorized pursuant
to this Agreement.
C. Reserves the right to inspect all work undertaken pursuant to this
Agreement.
D. Will reimburse the CITY for a portion of the reasonable costs in
manpower and equipment for debris removal associated with the state
routes designated by the SCDOT District Engineering Administrator
(DEA) or Resident Maintenance Engineer (RME) which are not
reimbursed by FEMA and will comply with all reimbursement instructions
as stated in Exhibit"B".
III. The CITY:
SCDOT may assign to CITY, upon their request to the SCDOT (DEA/RME) and
within the confines of their CITY boundaries, the responsibility for debris pick up
and disposal along only Secondary State routes (and possibly SC routes), not
Interstate or US routes, within their CITY boundaries, with the CITY submitting
to FEMA directly for reimbursement. The CITY is fully responsible for
compliance with all FEMA procedures and submitting debris removal and
disposal costs directly to FEMA for reimbursement.
If the county in which the city is located is not declared eligible for FEMA
reimbursement, the city will be responsible for all costs for pick-up and disposal
of debris along the assigned SCDOT roadways.
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The CITY:
A. Will request orally and follow-up in writing permission to proceed to
begin debris removal on pre-designated state maintained roadways and
bridges and that all Debris Removal activities performed are subject to the
terms and conditions of the FEMA Public Assistance Guide.
B. Will invoice FEMA for all reasonable costs in manpower and equipment
for debris removal associated with the designated project and will comply
with all reimbursement instructions as stated in Exhibit "B".
C. Will certify that pre-disaster contracts entered into by the CITY with third
parties to perform Debris Removal activities for which the CITY intends
to seek reimbursement from FEMA and SCDOT shall:
1. Be competitively and openly bid by the CITY ,
2. Mandate compliance with the requirements of the National
Environmental Policy Act(NEPA) of 1969,
D. Will apply directly to the FEMA Public Assistance Program for any
Debris Removal activities for subsequent passes after the initial debris
removal operation by the CITY or its agent.
IV. Either party may unilaterally cancel this Agreement with a 30 day notice in
writing.
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IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the
date first written above.
Signed, sealed and executed for the CITY.
WITNESS: CITY OF NORTH AUGUSTA
c-Dpnr By: ��
y
Title: C/r'r / //g/.frg•4r4
Federal ID# 57--6,0O/OKg
Signed, sealed and executed for the SCDOT.
SOUTH CAROLINA DEPARTMENT OF
TRANSPORTATION
WITNESS:
By:
Deputy Secretary for Engineering or Designee
RECOMMENDED:
Title:
PROFESSIONAL SERVICES CONTRACTING
By:
Chief Procurement Officer of Designee
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CERTIFICATION OF THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION
I hereby certify that I am the Deputy Secretary for Engineering of the South Carolina Department of
Transportation and the CITY or its legal representatives have not been required directly or indirectly as an
expressed or implied condition in connection with obtaining or carrying out this Agreement to:
(a) employ or retain, or agree to employ or retain, any firm or person or
(b) pay, or agree to pay, to any form, person, or organization, any fee, contribution, donation,
or consideration of any kind, except as herein expressly stated (if any).
In accordance with Section 635.105 of Title 23 CFR, I further certify that the work stipulated in
this Agreement to be performed by CITY can be more advantageously performed by said CITY that by
the SCDOT and that said CITY is adequately staffed and suitably equipped to undertake and satisfactorily
complete such work, including the performance of proper maintenance on the highway facilities
constructed under the terms of this Agreement.
I acknowledge that this certificate is to be furnished to the Federal Highway Administration, U. S.
Department of Transportation, in connection with this Agreement, and is subject to applicable State and
Federal Laws,both criminal and civil.
(Date) (SCDOT Signature)
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CERTIFICATION OF THE CITY
I hereby certify that I am the OTT AtteOhtfir/RA-roe and duly authorized
representative of the (3/77 OF Hoerr/ A4160 sr/1 , whose address is
/DO o164 4vg Aberd A1Gair4 S'L , and that neither I nor the above CITY I represent
has:
(a) employed or retained for a commission, percentage, brokerage, contingent fee, or other
consideration, any firm or person (other than a bona fide employee working solely for me
or the above CITY ) to solicit or secure this Agreement,
(b) agreed, as an expressed or implied condition for obtaining this Agreement, to employ or
retain the services of any firm or person in connection with carrying out the Agreement, or
(c) paid or agreed to pay, to any firm, organization or person (other than a bona fide employee
working solely for me or the above CITY ) any fee, contribution, or consideration of any
kind for, or in connection with, procuring or carrying out the contract except as herein
expressly stated(if any).
I acknowledge that this certificate is to be furnished to the SCDOT and the Federal Highway
Administration, U.S. Department of Transportation, in connection with this Agreement, and is subject to
applicable State and Federal laws, both criminal and civil.
6/441
c2e
(Date) (CIT ii ,gignature)
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CERTIFICATION FOR CONTRACTS,LOANS AND COOPERATIVE AGREEMENTS
The undersigned certifies, to the best of his or her knowledge and belief that:
No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of an agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal
loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, of modification of any Federal contract, grant, loan, or cooperative agreement.
If any funds other than Federal appropriated funds have been paid or will be paid to any persons for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit
Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions.
The undersigned shall require that the language of this certification be included in the award documents
for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and
cooperative agreements) and that all sub-recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
(Date) (CI‘:nature)
(Date) (SCDOT Signature)
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CERTIFICATION
In accordance with Section 44-107-30, South Carolina Code (1976), as amended, and as a condition
precedent to the execution of this Agreement, the undersigned 2 shmvez
who is a representative of the Insert name here d/TY og Alotni 4i6ocra certifies on behalf of the CITY that
the CITY will provide a drug-free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the
actions that will be taken against employees for violation of such prohibition;
(b) Establishing a drug-free awareness program to inform employees about:
(}) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug-free workplace;
(3) Any available drug counseling, rehabilitation, and employee assistance programs; and,
(4) The penalties that may be imposed upon employees for drug abuse violations occurring
in the workplace;
(c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy
of the statement required by paragraph (a);
(d) Notifying the employee in the statement required by paragraph(a)that, as a condition of employment
under the grant,the employee will:
(1) Abide by the terms of the statement; and,
(2) Notify the employer of any criminal drug statute conviction for a violation occurring in the
workplace no later than five days after such conviction;
(e) Notifying the agency within ten days after receiving notice under subparagraph (d)(2)from an employee or
otherwise receiving actual notice of such conviction;
(f) Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)(2), with
respect to any employee who is so convicted:
(1) Taking appropriate personnel action against such an employee, up to and including
termination; or
(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal, State or local health, law
enforcement, or other appropriate agency;
(g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of
paragraph(a)`(6),(c), (d), (e) and (D.
(h) The undersigned shall require that the language of this certification be included in the award documents
for all sub-awards at all tiers(including sub-grants, and contracts and subcontracts under grants, sub-
grants, loans, and cooperative agreements), and that suc sub-recipients shall certify and disclose
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accordingly. /
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(Date) (CITY ^ea1ore)
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EXHIBIT "A"
SCOPE OF SERVICES
DEBRIS REMOVAL
1.0 GENERAL
This statement of work describes and defines the services which are required for the execution of Natural
Disaster-related debris removal from State maintained roadways within CITY. With approval from the
SCDOT, the CITY shall provide all services described herein and any other services required to complete
the project. Activities include field operations and debris management. The SCDOT, at its sole discretion,
may elect to perform work with in-house or contract forces. Proper documentation, as required by FEMA
shall be provided for all debris removal operations.
2.0 SERVICES TO BE PROVIDED BY THE CITY
Field Operations
The following listed services shall be performed by the CITY upon approval from the SCDOT:
• Provide equipment, labor necessary to perform debris removal for clearing of the Traveled
Ways of the roadways as directed. The services include, but are not limited to, cutting and
removing vegetative debris to a point two feet beyond the curb and gutter section or to a point
two feet beyond the edge of pavement (i.e. 2 feet beyond the paved shoulder or edge of turn
lane (s) whichever is further) and vertical clearance of 16 feet as needed along with picking
up and loading vegetative debris, hauling materials to either a temporary debris staging and
reduction site or final legal disposal site; volume reduction at the temporary debris staging and
reduction site; and final hauling and disposal at an appropriate landfill or "waste to energy"
facility.
• Provide traffic control (day and/or night) using current Manual on Uniform Traffic Control
Devices (MUTCD).
• Ensure all CITY and subcontractor personnel have and utilize personal protective safety gear in
accordance with OSHA requirements and company safety policies.
• Coordinate with utility companies, as required, to ensure safe removal of debris.
The CITY is required to measure and certify all trucks. All Temporary Debris Staging and
Reduction Sites (TDSR's) shall be equipped with at least one tower from which monitors can
safely view contents on each load and determine capacities of each load entering and exiting the
TDSR.
• Provide a means for securing all TDSR's; throughout the life of the activities, to ensure no
unauthorized or illegal dumping can occur at the site.
• Sweep curb and gutter sections.
Damaged trees and exposed roots are to be removed to ground level.
• Remove leaning trees which are not an immediate hazard only when directed by SCDOT or
their designated representative.
• Fill any holes left by removed trees.
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3.0 SERVICES TO BE PROVIDED BY THE SCDOT OR its DESIGNATED REPRESENTATIVE
Field Operations
• Identify and evaluate the scope of the post-disaster debris problem.
• Identify in cooperation with the CITY which transportation systems the CITY is responsible
for clearing.
• Provide periodic site inspection to insure that the State Road Transportation Facilities are
cleared and open.
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EXHIBIT "B"
REIMBURSEMENT PROCEDURES
All invoices submitted to SCDOT for reimbursement of costs associated with an event shall include the following
detailed information.
Force Account Labor Record
Time Records: Account for the time of all individuals who participated, even if they may not be eligible. In
order for costs to be eligible, designate all persons that meet the overtime criteria for the particular pay period.
Persons are not entitled to overtime if they:
• do not meet eligibility requirements-not entitled to overtime;
• they did not work enough hours to reach overtime status; or
•:• are unpaid(volunteers).
Maintain a separate worksheet for each week and pay period.
List:
• The dates of the work week;
• name and job title of each individual who worked the event including ID number;
~�
overtime hours and regular hours of each individual worked on a DAILY basis;
• description of type of work, (i.e. debris removal);
f>
Total hours per individual per week,hourly rate, and benefit per hour.
Force account sheets should be numbered, signed and dated by a certifying individual; including the certifying
individuals job title.
External Contract Record
If your organization rented, contracted, or otherwise used external contactors for work, please provide the following
information.
• The name of the organization or person who provided the service and the kind equipment, or
service that was provided
• Costs and dates of service, unit price, number of units, etc.
• Verification of payment to the vendor/contractor such as a cancelled check or check register.
Entity's Equipment Use Record
If your organization used its own equipment for work, please provide the following information:
A description of the equipment, including the size, capacity, horsepower, make, model and any
other pertinent information.
• The day(s)the equipment was used on the event, as well as the number of hours per day it was used.
Note that equip ment must be actually used on an event to be eligible.
• Hourly rate or other rate structure (miles) for the equipment and the total costs of the use of the
equipment.
The aforementioned information along with a valid invoice from the entity should be sent to:
SC Department of Transportation
Attention: Director of Maintenance
PO Box 191
Columbia, SC 29202
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