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TR-2012-51 APPROP FREE CASH '2117 f,goa'� — TR-2012-51 A RESOLUTION AUTHORIZING THE APPROPRIATION OF STORM REMEDIATION AND DEBRIS REMOVAL COSTS FROM FREE CASH FOR THE SNOWSTORM OF OCTOBER 29, 2011 (Sponsored By: Mayor Richard A. Cohen) VkIHEREAS, The City of Agawam experienced an unprecedented snowstorm on October 29, 2011 which caused a great amount of debris and damage; and WHEREAS, the City Council declared that the snowstorm constituted an emergency via TO-2011-49; and WHEREAS, the City Council authorized the Mayor pursuant to M.G.L. Chapter 44, Section 31 to incur liabilities in excess of amounts appropriated for storm remediation and removal of debris caused by the October 29, 2011 snowstorm via TR-2011-64; and n CD C= WHEREAS, the amount of certified free cash is $7,463,969.00; and 1':)F WHEREAS, the Town of Agawam anticipates reimbursement from the Federal 1-1,1,�h Administration ("FHWA") in the amount of$1,701,461.00; and C) W`HEREAS, the all reimbursements received by the Town of Agawam during-i�iscal�n Year 2013 will become part of free cash at the beginning of Fiscal Year 2014; and WHEREAS, the portion of the cost of storm remediation and debris removal to be paid by the Town of Agawam is $1,05 6,74 1; �-,L, 10, NOW THEREFORE, THE AGAWAM CITY COUNCIL appropriates from free cash to be reimbursed by FHWA and to pay the Town of Agawam's portion of the cost of storm remediation and debris removal costs as a result of the OctobeT 29, 2011 snovstorm. DATED THIS OF bf!Celrber 2012. PER ORDER OF THE AGAWA ITY COUNCIL Christopher C. Joldson, President ,IV 7;z C APP VED A TO FORM AND LEGALITY CoLkoc Vincent (!Yiscia, Solicitor C c, C Q- 01 OA40)V MA,YOR-A,L kCTION �k , r- Received this 4 .—dayof Aurr\� 2012 from Council Clerk. Signed by Council President this a rk dayof Dtaftl�(2012. APPROVAL OF LEGISLATION By the powers vested in me pursuant to Article 3, Section 3-6 of the Agaw Charter, as Md,ed, Ihpreb rove the passage of the above legislation on .... day of 2012, Richard A. Cohen, Mayor DISAPPROVAL OF LEGISLATION By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawam Charter, as amended, I hereby veto the passage of the above legislation on this day of 2012 for the following rcason(s): Richard A. Cohen, Mayor RETURN OF LEGISLATrON TO COUNCIL CLERK Returned to Council Clerk this '�) 4* day of_ ��2012, Town of Agawam October 29, 2012 Snowstorm Storm Remediation and DebrisRemoval Fund 648 Fund 648 Deficit 5,891,235.00 Free Cash Appropriation- Town Share of Costs 1,056,741,00 Due From FHWA 1,701,461.00 Appropriated from Free Cash 2,758,202.00 Stabilization Fund Appropriation: Due from FEMA 3,133,033,00 Appropriated from Stabilizaiton 3,133,033.00 Total Appropriations 5,891,235.00 Reimbursement Requests Amount FEMA FHWA Amounts Contract Reference Eligible Share Share Received Receivable CTFEMA4051AGAWA00186 PW-00 186 101,359.67 76,019.75 76,019.75 CTFEMA4051AGAWA00508 PW-00508 95,784.29 71,838.22 71,838,22 CTFEMA4051 AGAWA005012 PW-00512 7,412.22 5,559.17 5,559-17 CTFEMA4051 AGAWAD0501 0 PW-0051 0 4,177,377,77 3,133,033.33 - 3,133,033.33 FHWA 1,701,461.14 - 1,701,461.14 - 1,701,461.14 Total Eligible Costs" 6,083,395.09 3,286,450.46 1,701,461.14 153,417.14 4,834,494.47 —Includes Indirect Costs and Allowances COMMONWEALTH OF MASSACHUSETTS - STANDARD CONTRACT FORM This form is jointly issued and published by the Executive Office for Administration and Finance(ANFI,the Office of the Comptroller(CTR)and the Operationa I Sery lioes Division(OSD as the default contract for all Commonwealth Departments when another form is not prescribed by regulation or policy. Any changes to the official printed language of this form shall be void. Additional non-con5icling terms may be added by Attachment Contrac:ors may not require any additional agreements,engagement letters,contract forms or other additional terms as part of this Contract without prior Department approval. Click on hyperlinks for definitions.instructJons and legal requirements that are incorporated by reference into this Contract. An electronic copy of this form is available at www.mass.govlos under Guidance ForVendors-Forms or www.mass.gov/osd under OSID Forms. CONTRACTOR LEGAL NAME:Town of Agawam COMMONWEALTH DEPARTMENT NAME:CDA MA Emergency Management �and d/bla): I MMARS DeRartment Cqde: CDA Legal Address:(W-9,W-4,T&C):36 Main Street,Agawam,MA 01001 Business Mailing Address: 400 Worcester Road,Framingham,MA 01702 Contractkl��er: Mr.Christopher GGIba Bi Lilin Addres�s fit different): L.-MCII: cgoiba@agawam.ma.us Contract Mana-ger: Judy Whitcher Phone: 413-821-0600 Fax:413-821-0631 E-Mail: Judy.Whftcher@state. ma.us Contractor Vendor Code:VC6000191692 Phone-.508-820-2057 Fax: 508-820-1404 Vendor Code Address 10 je.g."AID00111"): AD RMARU2g-PM CTFEMA405 I AGAWA00508 (J) (Note:The Address ld Must be set up for EFT payments.) RrR/Procurement or Other ID Number:FEMA4051-DR-MA Oct,2011 Severe Storm 00 NEW CONTRACT CONTRACT AMENDMENT PROCUREMENT OR EXCEPTION TYPE:(Check one option only) Enter Current Contract End Date Prior to Amendmeft .20 Statewide Contrac (OSD or an OSD-designated Department) Enter Amendment Amount$_.(or'no change") -Collective Purchase(Attach OSD approval,scope,budget) AMENDMENT TYPE:(Check one option only.Attach details of Amendment changes.) -Department Procurement(includes State or Federal grants 015 QMR 2.00 -Amendment to Scoo or Budget(Attach updated scope and budget) (Attach RFR and Response or other procurement supporting documentation) Interim Contract(Attach justification for Interim Contract arid updated scopelbudget) E meraency Contract (Attach justification for emergency,scope,budget) -Contract Employee(Attach EmploymentStalusl'o scope,budget) -Contract Employee(Attach any updates to scope or budget) x LegislativelLegal or Other:(Attach authorizing languagerjustification,scope and _Legislatlye/Legal or Other:(Attach authorizing languagerjustification and updated budget) scope and budget) The following COMMONWEALTH TERMS AND CONDITIONS(T&C)has been executed,Red with CTR and Is incorporated by reference Into this Contract. x Commonwealth Terms and Conditions Commonwealth Terms and Con6tions For Human and Social Services COMPENSATION:(Check ONE option):The Department certifies that payments for authorized performance accepted in accordance with the terms of this Contract will be supported in the state accounting system by sufficient appropriations or other non-appropriated funds,subject to intercept for Commonwealth owed debts under 815 CIVIR 9.00, N Rate Contract(No Maximum Obligation, Attach details of all rates.units,calculations,conditions or terms and any changes if rates or terms are being amended,) x Max imurn Obligation Contract Enter Total Maximum Obligation for total duration of this Contract(or now Total if Contract is being amended),$71,838.22 PROMPT PAYMENT DISCOUNTS(PPD): Commonwealth payments are issued through EFT 45 days from invoice receipt.Contractors requesting accelerated payments must CIA identify a PPD as follows: Payment issued within 10 days_%PPD;Payment issued wMin 15 days_%PPD;Payment Issued within 20 days_%PPD;Payment issued within 30 -L- days_0/6 PPD. If PPD percentages are left blank,identify reason:_agree to standard 45 day cycle_statutoryfiegal or Ready Payments(g.t. c.29j§23A only initial C� J: 22"ment isubs2auent Payments scheduled to supe"ftstandard EFT 45 day paZment gcle.See Prompt Pay Discourits P&X.y- BRIEF DESCRIPTION OF CONTRACT PERFORMANCE or REASON FOR AMENDMENT-.(Enter the Contract fille,purpose,fiscal year(s)and a detailed description of(he scope of performance or what is being amended for a Contract Amendment Attach all supporting documentation and justifications.) (Reference CFDA#97,036) PW-00508 To reimburse for FEMA 4051 Oct,29-301h,2011 Severe Storm-The applicant took such actions as necessary to save lives,protect public health and safety and protect improved property Towrrwide. Assistance for emergency protective measures and debris removal under Cawries A&8 under the FEMA Public Assistance Program. ANTICIPATED START DATE (Complete ONE option only)The Department and Contractor certify for this Contraci,or Contract Amendment,that Contract obligations: -1.may beincurred asof theEffeclive Da (latest signature date below)and no obligations have been incurred odor to the Effective Dale. -2.maybe incurred as of_,20—a date LATER than the Effective Date below and no obligations have been incurred priorto the Effective Da x 3.were incurred as of 1012812011,a date PRIOR to the Effef�ve Date below,and the partles agree that payments for any obitations incurred prior to the EffecliveQjIlge are n autho,rized to be made either as settlement payments or as authorized reimbursement payments,and that the details and circumstances of all obligations under tl!M�ontract attached and incorporated into thisContract, Acceptance of payments forever releases the Commonwealth from further claims related to these obligations, CONTRACT END DATE� Contract performance shall terminate as of 1213112012,with no new obligations being incurred after this date unless the Contract is prdBP aroPq%d, provided that the terms of this Contract and performance expectations and obligations shall survive its termination for the purpose of resolving any cJaim or dispute,for-c-ampt y negotiated terms and warranties,to allow any close out or transitibn performance,reporting.invoicing or final payments,or during any lapse between amendments. et�B9 >r- CERTIFICATIONS: Notwithstanding verbal or other representations by the parties,the"Effective Date"of this Contract or Amendment shall be the latest date that this Cog!Hgr Amendment has been executed by an authorized signatory of the Contractor,the Department,or a later Contract or Amendment Start Date specified above,subject'gany m-V;�d approvals. The Contractor makes all certifications required under the attached Contractor Certifications(incorporated by reference if not attached hereto) under the pa.wm*d -d documentation upon request to support compliance,and agrees that all terms governing performance of this Commcl and d*9 penalties of poury,agrees to provide any require business in Massachusetts are attached or incorporated by reference herein according to the following Werarchy of document precedence,the applicable Common%Wh Terms2ad Conditions,this Standard Contract Form including the Instructions and Contractor Ceifications,the Request for Response(RFR)or other solicitation,the Contractor`q*sponse.QMd 'Aded that additional negotiated tenTvs will take precedence over the relevant terms in the RFR and the Contractoes Response only if made using the additional negotiated terms,prov process outlined in 801 CIVIR 21,07,incorporated herein,provided that any amended RFR or Response terms result in best value,lower costs,or a more cost effective Contract, AUTHORIZING WN&WRE FOR THE CPNTaCIOR: AUTHORIZING SIGNATURE FOR THE COMMONWEALTH: X: Z'e-' �' "X" 2 Date: 10 Date: (Signature and Date Must Be Handwritten At Time of Signature) (Signature and Date Must Be Handwritten At Time of Signature) PrintName: 91,1�,49,0 A- CI&LY i N jq J// i Print Name: -David Mah r Print Title: Print Title: Chief Fiscal Qfflcer G i i 'V-T 6V-� C'5"'. (Issued W7/201 1)Page 1.of 5. TR-2012-51 A RESOLUTION AUTHORIZING THE APPROPRIATION OF STORM REMEDIATION AND DEBRIS REMOVAL COSTS FROM FREE CASH FOR THE SNOWSTORM OF OCTOBER 29,2011 (Sponsored By: Mayor Richard A. Cohen) WHEREAS, The City of Agawam experienced an unprecedented snowstorm on October 29, 2011 which caused a great amount of debris and damage; and WHEREAS, the City Council declared that the snowstorm constituted an emergency via TO-2011-49; and WHEREAS, the City Council authorized the Mayor pursuant to M.G.L. Chapter 44, Section 31 to incur liabilities in excess of amounts appropriated for storm remediation and removal of debris caused by the October 29, 2011 snowstorm--via TR-2011-64; and WHEREAS, the amount of certified free cash is $7,463,969.00; and WHEREAS, the Town of Agawam anticipates reimbursement from the Federal Highway Administration ("FHWA") in the amount of$1,701,461.00; and WHEREAS, the all reimbursements received by the Town of Agawam during Fiscal Year 2013 will become part of free cash at the beginning of Fiscal Year 2014; iind WHEREAS, the portion of the cost of storm remediation and debris removal to be paid by the Town of Agawam is $1,056,741; NOW THEREFORE, THE AGAWAM CITY COUNCIL appropriates $2,758,202,00 from free cash to be reimbursed by FHWA and to pay the Town of Agawam's portion of the cost of storm remediation and debris removal costs as a result of the October 29, 2011 snowstorm. DATED THIS OF P 2012. PER ORDER OF THE AGAWAM CITY COUNCIL Christopher C. J son, President 0�1 r" C= C) APP VED A TO FORM AND LEGALITY > CD ME? > :*C-) >r- ;XM --TjLi Vincent I 6-iiescia, Solicitor > W C-) TownofAgawam October 29, 2012 Snowstorm Storm Remediation and DebrisRemoval Fund 648 Fund 648 Deficit 5,891,235.00 Free Cash Appropriation: Town Share of Costs 1,056,741.00 Due From FHWA 1,701,461.00 Appropriated from Free Cash 2,758,202.00 Stabilization Fund Appropriation: Due from FEMA 3,133,033.00 Appropriated from Stabilizaiton 3,133,033.00 Total Appropriations 5,891,235.00 Reimbursement Requests Amount FEMA FHWA Amounts Contract Reference Eligible Share Share Received Receivable CTFEMA4051AGAWA00186 PW-00186 101,359.67 76,019.75 - 76.019.75 CTFEMA4051AGAWA00508 PW-00508 95,784.29 71,838.22 - 71,838.22 CTFEMA405 1 AGAWA005012 PW-00512 7,412.22 5,559.17 - 5,559.17 CTFEMA405 1 AGAWA00501 0 PW-0051 0 4,177,377.77 3,133,033.33 - - 3,133,033.33 FHWA 1,701,461.14 1,701,461.14 - 1,701,461.14 Total Eligible Costs— 6,083,395.09 3,286,450.46 1�7 01,461.14 153,417.14 4,834,494.47 I—Includes Indirect Costs and Allowances