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2003-1432-Resolution No. 2003-131 Recorded 12/5/2003REV ED LEGAL COUNS L COUNTY OFFICIAL NANCYUTES BLANKENSHIP, COUNTY CLERKDS CJ 2003'1432 COMMISSIONERS' JOURNAL 1210512003 03;42;33 PM 1111111111111111111111111111111 2003-1432 For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON A Resolution Appropriating New Grant Funds to the Deschutes County 2003-2004 Budget * RESOLUTION NO. 2003-131 WHEREAS, Deschutes County has received a State grant of $51,072; and WHEREAS, these new grant funds need to be appropriated; and WHEREAS, ORS 294.326(2) allows the appropriation and expenditures of new grant funds designated to specific purposes; now, therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, as follows: Section 1. That the following grant be budgeted: Revenue 255-0000-334.12-00 TOTAL REVENUE: Section 2. Expenditures State Grant $51,072 $51,072 That the following appropriations be made within the 2003-04 County Budget: Materials & Services: 255-3900-421.31-10 Total Materials & Services: TOTAL EXPENDITURES: Professional Services— Management Consulting $51,072 PAGE 1 OF 2 — RESOLUTION NO. 2003-131 (12/03/03) $51,072 $51,072 Section 3. That the Finance Director make the appropriate entries in the Deschutes County Budget document to show the above appropriations. ani m * ve ,%6*r DATED this,3fcCday of Dcoember, 2003. BOARD OF COUNTY COMMISSIONERS OF DESCHU ES COUNTY, OREGON DENNIS R. LUKE, ha r ATTEST: TOM DEWOLF, Commissioner Recording Se tart' PAGE 2 OF 2 — RESOLUTION NO. 2003-131 (12/03/03) M16HA,EL A DALV, Co 4ssioner DESCHUTES COUNTY SHERIFF'S OFFICE LES STILES Sheriff 63333 W. Hwy. 20 Bend, OR 97701 Bend Station 541-388-6655 Fax 541-389-6835 Administration 541-388-6659 Fax 541-389-4454 La Pine Station 51590 Huntington Rd. La Pine, OR 97739 541-536-1758 Fax 541.536.5766 Sisters Station 703 N Larch St., Suite C 541-549-2302 Fax 541-549-1762 North Station 8222 N Hwy 97 Terrebonne, OR 97760 541-923-8270 Fax 541-548.7589 Special Services/SAR . 541.388.6502 Fax 541-388-0793 Emergency Services 541-617-3303 Fax 541.388.0793 Adult Jail 541-388-6661 Fax 541-330-9162 Regional Work Center 541-617-3312 Fax 541-389-6368 November 6, 2003 TO: Marty Wynne SUBJECT: Appropriation Transfer I am requesting an appropriation request for new grant funds (Fund 255). On June 6, 2003 the Sheriff's Office was notified of an award of $51,071.31 from the Oregon Emergency Management. The grant funds are being used to prepare the Emergency Operations Plan (EOP) and WMD Tab Section (Annex). The work will be performed by SYA Group Inc. Grant Revenue 255-0000-334.12-00 Professional Svcs. 255-3 421.3 Sincerely Les Stiles Deschutes County Sheriff $51,071.31 $51,071.31 J jjrle'Von Theodore R. Kulongoski, Governor June 6, 2003 Deschutes County Sheriffs Office Less Stiles 6333 W. Hwy 20 Bend, Oregon RE: FFY 02 Supplemental Grant Dear Mr. Stiles: Department of State Police Oregon Emergency Management P.O. Box 14370 Salem, OR 97309-5062 (503) 378-2911 FAX (503) 373-7833 TTY (503) 373-7857 www.osp.state.or.us/oem/ Partners for Disaster Resistance Enclosed for your records is a copy of the executed Intergovernmental Agreement between Oregon Emergency Management and the Deschutes County Sheriffs Office for the FFY02 Supplemental Grant. If you have any questions, please call me at (503) 378-2911, ext. 22222. Sincerely, �Z�- ei�. Denise Choin Fiscal Coordinator Enclosures o:disaster/dr1405 9-1-1 Saves... & INTERGOVERNMENTAL AGREEMENT This agreement is between the State of Oregon acting by and through Oregon Department of State Police, Oregon Emergency Management, hereinafter called OEM, and Deschutes County Sheriff's Office, hereafter called Subgrantee. PURPOSE OF AGREEMENT The Federal Emergency Management Agency, hereinafter called FEMA, has made fundinq available to the state and its local jurisdictions as a result of an F)9'�uW emental'Appropriation by Congress. The money may be used for all hazard emergency operations planning, Community Emergency Response Team (CERT) and Citizen Corps. As the pass-through agency for this federal funding, OEM is entering into this agreement with the Subgrantee for the purposes outlined in Attachment A of this agreement. This agreement is for EOP Planning. 2. INDEPENDENT CONTRACTOR: LIABILITY The Subgrantee shall perform the services as outlined in Attachment A as an independent contractor. Subgrantee shall be responsible exclusively with respect to its employees, for providing employment-related benefits and deductions that are required by law, including but not limited to federal and state income tax deductions, workers' compensation coverage, and contributions to the Public Employees Retirement System (if applicable). Each party shall be responsible, to the extent required by Oregon Tort Claims Act, ORS 30.260-30.300, only for the acts, omissions or negligence of its own officers, employees or agents. 3. STATEMENT OF WORK As described in the attached Scope of Work (Attachment A). 4. SCHEDULE OF SERVICES As described in Attachment A and to be completed by November 30, 2003. 5. REPORTING REQUIREMENTS Subgrantees shall provide quarterly performance reports to OEM on the progress of their project. The timeline for submission of these reports is as follows: for the period ending June 30, 2003, a performance report shall be submitted to OEM by July 15, 2003. For the time period ending October 31, 2003, a performance report shall be submitted to OEM by November 15, 2003. Final performance reports shall be due upon completion of the project. If there is no activity after October 31, 2003, the November report may serve as both the quarterly and final performance report. All project must be completed by the November 30, 2003 deadline. No extension requests will be considered. 6. CONSIDERATION AND PROVISIONS FOR PAYMENT A. The parties understand that the Federal Emergency Management Agency will contribute 100% of the eligible costs for the contracted work. All expenses to fulfill the contract are the responsibility of the Subgrantee and are to be covered by the contract amount of $51,071.31. OEM agrees to pay the Subgrantee 100% of the eligible billed expenses not to exceed $51,071.31. Any expenses related to the completion of the work specified herein shall be included in this amount. No OEM (state) funds are obligated for contribution under this Agreement. B. Progress payments may be made monthly or quarterly based on eligible work completed during the previous month or quarter. All payments are reimbursements based on costs incurred under this agreement. No cost advances are allowed. Requests for payment shall include necessary back-up documentation for cost verification purposes. C. Billings and invoices are to be submitted to the Domestic Preparedness Coordinator for verification and approval of expenditure before payment is made by OEM. The Domestic Preparedness Coordinator is Mr. Matthew Marheine, Oregon Emergency Management, P. O. Box 14370, Salem, Oregon, 97309-5062. 7. SUBCONTRACTS Subgrantee may enter into subcontracts for any of the work scheduled under this agreement. 8. FUNDS AVAILABLE AND AUTHORIZED OEM certifies at the time this agreement is executed that sufficient funds are available and authorized for expenditure to finance costs of this agreement within the OEM current appropriate/limitation. Funding source for this project is the FY 02 Supplemental Funding provided by the Federal Emergency Management Agency (CFDA No. 83-562) Agreement No. EMS -2003 -GR -4051. 9. AMENDMENTS The terms of this agreement shall not be waived, altered, modified, supplemented or amended, in any manner, except by written agreement signed by all parties. 10. TERMINATION This agreement may be terminated by OEM if no activity has begun under the Scope of Work for this agreement within the first 60 days. This agreement may also be terminated by the Subgrantee within the first 60 days of the agreement upon providing written notice to OEM that Subgrantee no longer wishes to participate in this program. If this agreement is terminated by Subgrantee, no payments will be made to the Subgrantee regardless of expenditures incurred. 11. COMPLIANCE WITH APPLICABLE LAW Subgrantee shall comply with all federal, state and local laws, regulations, executive orders and ordinances applicable to the work under this agreement, including, without limitation, the provisions of ORS 279.312, 279.314, 279.316, 279.320, and 279.555. Without limiting the generality of the foregoing, Subgrantee expressly agrees to comply with: (1) Title VI of the Civil Rights Act of 1964; (ii) Section V of the Rehabilitation Act of 1973; (iii) The Americans with Disabilities Act of 1990 and ORS 659.425; (iv) all regulations and administrative rules established pursuant to the foregoing laws; and (v) all other applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. 12. OWNERSHIP Any products developed under this agreement, with federal funds, may not be sold by the Subgrantee for any profit. The Subgrantee must clearly and visibly credit all products resulting from this agreement to "Oregon Emergency Management". 13. ASSIGNMENT The Subgrantee shall not assign or transfer its interest in this agreement without the express written consent of the OEM. 14. FORCE MAJEURE The Subgrantee shall not be held responsible for delay or default caused by fire, riot, acts of God and war which was beyond the Subgrantee's reasonable control. 15. WORKER'S COMPENSATION PROVISION The Subgrantee, its subcontractors, if any, and all employers working under this agreement are subject employers under the Oregon Worker's Compensation Law and shall comply with ORS 656.017, which requires them to provide worker's compensation coverage for all their subject workers. 16. COMPLIANCE WITH TAX LAWS The Subgrantee certifies, under penalty of perjury, they are not in violation of any Oregon Tax Laws. Oregon Tax Laws are Oregon Revised Statutes (ORS) Chapters 118, 119, 314, 316, 317, 318, 320, 321, and 323 and Sections 10 to 20, Chapter 533, Oregon Laws 1981, as amended by Chapter 16. Oregon Laws 1982 (first special session); the Homeowners and Renters Property Tax Relief Program under ORS 301.620 to 310.690; and any local tax laws administered by the Oregon Department of Revenue under ORS 305.620. 17. RECORDS MAINTENANCE AND ACCESS Subgrantee acknowledges and agrees that OEM and the Oregon Secretary of State's Office and the federal government and their duly authorized representatives shall have access for a period not less than three years, to all fiscal records and other books, documents, papers, plans and writings of Subgrantee that are pertinent to this agreement for the purpose of making audit, examination, excerpts and transcripts. If, for any reason, any part of the Contract is involved in litigation, Contractor shall retain all pertinent records until all litigation is resolved. The Owner and/or its agents will continue to be provided full access to the records during litigation. 18. SUBGRANTEE ASSURANCES Subgrantee represents and warrants to OEM as follows: 1. Subgrantee is a political subdivision of the State of Oregon. Subgrantee has full power, authority and legal right to execute and deliver this agreement and incur and perform its obligations hereunder. 2. This Agreement has been duly authorized, executed and delivered on behalf of Subgrantee and constitutes the legal, valid and binding obligation of Subgrantee, enforceable in accordance with its terms. 3. The Subgrantee hereby assures and certifies that it will comply with all applicable state and federal laws and regulations, including, but not limited to: Office of Management and Budget Circulars A-21, A-87, A-102, A-110, A-122 and A-133; Wages, Hours and Records Laws (ORS Chapter 652) Conditions of Employment Laws (ORS Chapter 643) and Unemployment Insurance Laws (ORS Chapter 657). C 19. SIGNATURES Suti Les Stiles Name Sheriff Title Deschutes County Sheriff's Office Jurisdiction OREGON STATE POLICE Ken Weese Date Director, Human Resources Division Contract reviewed by: OEM APPROVED AS TO FORM Keith Kutler Assistant Attorney General