Hi John,
I was unaware that you had spoken to anyone in the Public Works Department, and I myself have not received a message or call. I began employment with the City July 1, 2015 and have my contact information listed under Public Works on the website. I was also unaware only the Designated Primary Contact information needed to be completed. The letter we received does not indicate this, however I am more than happy to provide that information (see attached). Thank you for considering the legal comments.
Sincerely,
Jennifer Cline, P.E.
City of Molalla
Public Works Director
O: 503.759.0218
F: 503.829.3676
From: EK-COLLINS John G * GREG [mailto:John.G.EK-COLLINS@odot.state.or.us]
Sent: Friday, March 13, 2015 8:56 AM
To: 'Jennifer Cline'
Cc: 'Dan Huff'; 'Sadie Cramer'; CZERWINSKI Maureen D
Subject: RE: Molalla - Oregon Public Works ER Coop
Good morning Jennifer,
With regard to the provided comments and suggestions I will note my responses below each of the listed items.
- The agreement provides a statutory definition for the word “disaster” but not “emergency.” The agreement mentions “emergency” quite a few times but does not really discuss “disasters” again.
In paragraph 3 under the Witnesseth section it reads… Whereas, in the event of a major emergency or disaster as defined in ORS 401.025……. emergency is stated and referred to for definition with disaster under ORS 401.025
- The “Incident Commanders” section is somewhat confusing regarding who makes final decisions and who’s direction personnel should follow. I would ask for clarification on this issue.
The Incident Commander is responsible for all final decisions and direction, that is why the Incident Commander is the Incident Commander. This section provides the authority for the current Incident commander to defer command to an incoming responders supervisor if that person is better qualified to assume command. This is a normal function and operating procedure within the Incident Command System. The important part of this section is that while command may be transferred to a more qualified responder it does not relieve the Requestor of responsibility for the incident.
- The “Indemnification” section is also ambiguous regarding damages to a “person” that fall short of a “damage to life.” Many similar clauses in other contracts specify damages to “persons, life or property.”
This section was vetted by the state legal section prior to it being issued. It states “damage to life or property” and that “damage to life” is inclusive of both injury or death. We will take your suggestion under consideration if/when an update to the current agreement is considered.
We originally started the process for renewal of the agreement in early 2014 and we received the signature page from the City Manager Dan Huff on May 22, 2014 (please see attached document). Unfortunately the signature page was not fully completed. The section for the Designated Primary Contact had not been filled in thereby making the agreement not fully valid. While we totally understand and acknowledge the city’s agreement to participate in the program the incomplete signature page might leave open a legal gap in the event you needed to use the agreement for an emergency impacting the city.
Our office called and spoke with someone in the Public Works office to correct this oversight and we were advised that a completed signature page would be sent. We called several times after that initial conversation, left voice messages, but have not received a response. The end result was that the agreement was not fully validated and therefore the expiration date of the previous agreement stated in the letter lapsed.
If the attached page could be completed with the information for the Designated Primary Contact and returned to us we can quickly resolve this. A new signature page does not need to be processed, we will be happy to accept this one if completed. Please send a copy of the completed page to Ms. Maureen Czerwinski as requested in the letter. It can scanned in as a pdf and emailed to her at Maureen.D.CZERWINSKI@odot.state.or.us or it can be faxed to her at 503-986-3032.
We thank you for your comments and appreciate the City of Molalla’s commitment to continue participating in the program.
Respectfully,
Greg Ek-Collins
State Emergency Operations Manager
Oregon Department of Transportation
800 Airport Road SE
Salem, OR 97301-4792
503-986-3020 (O)
Greg.ek-collins@odot.state.or.us
From: Jennifer Cline [mailto:jcline@cityofmolalla.com]
Sent: Thursday, March 12, 2015 5:35 PM
To: EK-COLLINS John G * GREG
Cc: 'Dan Huff'; 'Sadie Cramer'
Subject: Molalla - Oregon Public Works ER Coop
Hi Greg,
I had our City Attorneys reviewed the agreement and had a few comments/suggestions:
- The agreement provides a statutory definition for the word “disaster” but not “emergency.” The agreement mentions “emergency” quite a few times but does not really discuss “disasters” again.
- The “Incident Commanders” section is somewhat confusing regarding who makes final decisions and who’s direction personnel should follow. I would ask for clarification on this issue.
- The “Indemnification” section is also ambiguous regarding damages to a “person” that fall short of a “damage to life.” Many similar clauses in other contracts specify damages to “persons, life or property.”
The City is still willing to sign the agreement to participate, however I wanted to pass on the message to you first.
Also the letter stated our commitment to the prior agreement expired October 6, 2014, however we received the letter in mid-January 2015. Did you mean to state October 6, 2015?
Regards,
Jennifer Cline, P.E.
City of Molalla
Public Works Director
O: 503.759.0218
F: 503.829.3676