HomeMy WebLinkAboutDoc 110 - Grant - Homeland Security - SODeschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of February 23, 2011
DATE: February 15, 2011
FROM: Darryl Nakahira, Legal Counsel, Deschutes County Sheriff's Office
Phone: 617-3369
TITLE OF AGENDA ITEM:
Consideration and signature of Document No. 2011-110, a grant award to Deschutes County Sheriff s
Office from the State Homeland Security Grant Program.
PUBLIC HEARING ON THIS DATE? No
BACKGROUND AND POLICY IMPLICATIONS:
The Deschutes County Sheriff's Office submitted an application to the State Homeland Security Grant
Program requesting funds to pay for the design of a plan which will assist the Sheriff's Office in
complying with Federal Communication Commission requirements related to the Sheriff's Office radio
communications system.
The Central Oregon Regional Communication Migration Plan is a two-part plan. Part one of the
plan will identify infrastructure and equipment needs for the radio systems operated by the
Deschutes, Crook, and Jefferson County Sheriff's Offices in order to comply with mandated
changes required by the Federal Communication Commission. The plan will provide engineering
services to identify a phased approach to enhancing and replacing the current radio communications
system to meet national and statewide standards.
Part two of the plan will enable the Deschutes County Sheriffs Office to identify and upgrade the
components of its 800 MHz radio system over several years. The Deschutes County Sheriff s
Office radio system services multiple agencies, including Bend Police Department, Sunriver Police
Department, Black Butte Ranch Police Department, U.S. Forest Service Law Enforcement,
Deschutes County Road Department, City of Bend Public Works Department, and Deschutes
County Parole and Probation.
FISCAL IMPLICATIONS:
The Deschutes County Sheriff's Office has received an award from the State Homeland Security Grant
Program in the amount of $155,575.00. The funds will be used to pay for the Central Oregon Regional
Communication Migration Plan.
RECOMMENDATION & ACTION REQUESTED:
Approval and signature of document no. 2011-110
ATTENDANCE: Captain Tim Edwards, Deschutes County Sheriff's Office
Jon Sholes, Sheriff's Office Radio Communications Technician
DISTRIBUTION OF DOCUMENTS:
Return original to Darryl Nakahira, Sheriff's Office Legal Counsel. Once the State authorized
signature has been obtained, the original will be sent back to the Commissioners' office.
DESCHUTES COUNTY DOCUMENT SUMMARY
Date: February 15, 2011 Department: Sheriffs Office
Contractor/Supplier/Consultant Name: N/A
Contractor Contact: Contractor Phone #:
Type of Document: Document No. 2011-110 is a grant from the Oregon Military
Department, Office of Emergency Management, State Homeland Security Grant
Program — CFDA #97.073
Goods and/or Services: The Deschutes County Sheriffs Office has received an award
from the State Homeland Security Grant Program in the amount of $155,575.00. The funds
will be used to pay for the Central Oregon Regional Communication Migration Plan.
The Central Oregon Regional Communication Migration Plan is a two-part plan. Part
one of the plan will identify infrastructure and equipment needs for the radio systems
operated by the Deschutes, Crook, and Jefferson County Sheriffs Offices in order to
comply with mandated changes required by the Federal Communication Commission.
The plan will provide engineering services to identify a phased approach to enhancing
and replacing the current radio communications system to meet national and statewide
standards.
Part two of the plan will enable the Deschutes County Sheriffs Office to identify and
upgrade the components of its 800 MHz radio system over several years. The
Deschutes County Sheriffs Office radio system services multiple agencies, including
Bend Police Department, Sunriver Police Department, Black Butte Ranch Police
Department, U.S. Forest Service Law Enforcement, Deschutes County Road
Department, City of Bend Public Works Department, and Deschutes County Parole and
Probation.
Background & History: The Deschutes County Sheriffs Office submitted an application
to the State Homeland Security Grant Program requesting funds to pay for the design of a
plan which will assist the Sheriffs Office in complying with Federal Communication
Commission requirements related to the Sheriffs Office radio communications system.
Award Period: 1/11/11 through 12/31/12
Annual Value or Total Payment: Federal Award: $155,575.00
2/15/2011
Check all that apply:
❑ RFP, Solicitation or Bid Process
❑ Informal quotes (<$150K)
® Exempt from RFP, Solicitation or Bid Process (specify - see DCC §2.37)
Funding Source: (Included in current budget? ❑ Yes ® No
If No, has budget amendment been submitted? ❑ Yes ® No
Is this a Grant Agreement providing revenue to the County? ® Yes ❑ No
Special conditions attached to this grant: The monies awarded can only be used to
fund the Central Oregon Regional Communications Migration Plan (described above in
Goods and/or Services).
Deadlines for reporting to the grantor: Reports are due quarterly, beginning March 30,
2011.
Contact information for the person responsible for grant compliance:
Name: Pat Davis, Legal Assistant, Sheriffs Office
Phone: 617-3367
Departmental Contact and itle: Cap . in,Tim Edwards
Phone #: 385-6656
Sheriffs Approval:
ur
Date
Distribution of Docu nt: Return original to Darryl Nakahira, Sheriffs Office Legal
Counsel. Once the State authorized signature has been obtained, the original signature
page will be sent to the Commissioners' office.
Official Review:
County Signature Required (check one): ® BOCC ❑ Department Director (if <$25K)
❑ Administrator (if >$25K but <$150K; if >$150K, BOCC Order No. )
Legal Review Date A/15 1 (
Document Number 2011-110
2/15/2011
Subgrantee Copy
OREGON MILITARY DEPARTMENT
OFFICE OF EMERGENCY MANAGEMENT
STATE HOMELAND SECURITY GRANT PROGRAM - CFDA # 97.073
GRANT AWARD CONDITIONS AND CERTIFICATIONS
PROGRAM NAME:
SUBGRANTEE:
ADDRESS:
PROGRAM CONTACT:
FISCAL CONTACT:
Central Oregon Regional
Communications Migration Plan
Deschutes County Sheriffs Office
63333 W Hwy 20
Bend, OR 97701
Captain Tim Edwards
tim_edwards@co.deschutes.or.us
Jim Ross
james_ross@co.deschutes.or.us
GRANT NO:
FEDERAL AWARD:
AWARD PERIOD:
TELEPHONE:
TELEPHONE:
# 10-233
$155,575
1/1/11 thru 12/31/12
(541) 388-6656
(541) 322-4819
BUDGET
Planning
$155,575
Total $155,575
REVIEWED
akitLAiL COUNSEL
Page 1 — Deschutes County Sheriff's Office
GRANT AWARD AGREEMENT AND PROVISIONS
I. Provisions of Award
A. Agreement Parties. This Agreement is between the State of Oregon, acting by and through the Oregon Military
Department, Office of Emergency Management (OEM) and the Subgrantee.
B. Effective Date. This Agreement shall become effective on the date this Agreement has been fully executed by every
party. Agreement termination shall not extinguish or prejudice OEM's right to enforce this Agreement with respect
to any default by Subgrantee that has not been cured.
C. Source of Funds. Payment for this Program will be from the Fiscal Year 2010 State Homeland Security Program.
D. Merger Clause. Waiver. This Agreement and referenced documents constitute the entire Agreement between the
parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written,
not specified herein regarding this agreement. No waiver, consent, modifications or change of terms of this
agreement shall be binding unless agreed to in writing and signed by both the Subgrantee and OEM. Such waiver,
consent, modification or change, if made shall be effective only in the specific instance and for the specific purpose
given.
E. Acknowledgment. The Subgrantee, by signature of its authorized representative, hereby acknowledges that he/she
has read this agreement, understands it, and agrees to be bound by its terms and conditions (including all references
to other documents). Failure to comply with this agreement and with applicable state and federal rules and
guidelines may result in the withholding of reimbursement, the termination or suspension of the agreement, denial
of future grants, and/or damages to OEM.
TERMS AND CONDITIONS
II. Conditions of Award
A. The Subgrantee agrees to operate the program as described in the application and to expend funds in accordance
with the approved budget unless the Subgrantee receives prior written approval by OEM to modify the program or
budget. OEM may withhold funds for any expenditure not within the approved budget or in excess of amounts
approved by OEM. Failure of the Subgrantee to operate the program in accordance with the written agreed upon
objectives contained in the grant application and budget will be grounds for immediate suspension and/or
termination of the grant agreement.
B. To ensure consistency among statewide planning efforts, the Subgrantee agrees to coordinate grant funded planning
projects with OEM, to include assistance with the creation of a scope of work, review and approval of service
providers, and overall project direction.
C. The Subgrantee agrees that funds utilized to establish or enhance state and local fusion centers must support the
development of a statewide fusion process that corresponds with the Global Justice/Homeland Security Advisory
Council (HSAC) Fusion Center Guidelines and achievement of a baseline level of capability as defined by the
Fusion Capability Planning Tool.
D. The Subgrantee agrees that all publications created with funding under this grant shall prominently contain the
following statement: "This document was prepared under a grant from FEMA's Grant Programs Directorate, U.S.
Department of Homeland Security. Points of view or opinions expressed in this document are those of the authors
and do not necessarily represent the official position or policies of FEMA's Grant Programs Directorate or the U.S.
Department of Homeland Security."
E. The Subgrantee agrees to cooperate with any assessments, national evaluation efforts, or information or data
collection requests, including, but not limited to, the provision of any information required for the assessment or
evaluation of any activities within this agreement.
F. By accepting FY 2010 funds, the Subgrantee certifies that it has met NIMS compliance activities outlined in the
NIMS Implementation Matrix for State, Tribal, or Local Jurisdictions. Additional information on achieving
compliance is available through the NIMS Resource Center at http://www.fema.gov/emergency/nims/.
Page 2 — Deschutes County Sheriff's Office
G. Administrative Requirements, Retention and Access to Records. and Audits.
1. Administrative Requirements. The Subgrantee agrees to comply with all financial management and
procurement requirements, including competitive bid processes and other procurement requirements, and to
maintain accounting and financial records in accordance with Generally Accepted Accounting Principles
(GAAP) and financial, administrative, and audit requirements as set forth in the most recent versions of the
Code of Federal Regulations (CFR) and the Office of Management and Budget (OMB) Circulars. A
nonexclusive list of regulations commonly applicable to DHS grants includes:
a. Administrative Requirements. 44 CFR Part 13 (State and Local Governments) and 2 CFR Part 215 (Non -
Profit Organizations).
b. Cost Principles. 2 CFR Part 225 (State, Local, and Tribal Governments); Part 230 (Non -Profit
Organizations); and Federal Acquisition Regulations (FAR) Part 31.2 (Contracts with Commercial
Organizations).
c. Audit Requirements. OMB Circular A-133.
2. Retention of Records. All financial records, supporting documentation, and all other records pertinent to this
grant or agreements under this grant shall be retained by the Subgrantee for a minimum of six years following
termination, completion or expiration of this Agreement for purposes of State of Oregon or Federal
examination and audit. It is the responsibility of the Subgrantee to obtain a copy of 44 CFR Part 13 and all
applicable OMB Circulars, and to apprise itself of all rules and regulations set forth.
3. Access to Records. OEM, Oregon Secretary of State, Office of Inspector General (OIG), Department of
Homeland Security (DHS), Federal Emergency Management Agency (FEMA), or any of their authorized
representatives, shall have the right of access to any pertinent books, documents, papers, or other records of
the Subgrantee and any contractors or subcontractors of the Subgrantee, which are pertinent to the grant, in
order to make audits, examinations, excerpts, and transcripts. The right of access is not limited to the required
retention period but shall last as long as the records are retained.
4. Audits. If the Subgrantee expends $500,000 or more in Federal funds (from all sources) in its fiscal year, the
Subgrantee shall have a single organization -wide audit conducted in accordance with the provisions of OMB
Circular A-133. Copies of all audits must be submitted to OEM within 30 days of completion. If the
Subgrantee expends less than $500,000 in its fiscal year in Federal funds, the Subgrantee is exempt from
Federal audit requirements for that year. Records must be available for review or audit by appropriate officials
as provided in Section II.G.3 herein.
5. Audit Costs. Audit costs for audits not required in accordance with OMB Circular A-133 are unallowable. If
the Subgrantee did not expend $500,000 or more in Federal funds in its fiscal year, but contracted with a
certified public accountant to perform an audit, costs for performance of that audit shall not be charged to the
grant.
H. Procurement Standards.
1. The Subgrantee shall follow the same policies and procedures used for procurement from its non -Federal
funds. The Subgrantee shall use their own procurement procedures and regulations, provided that the
procurement conforms to applicable Federal and State law and standards.
2. All procurement transactions, whether negotiated or competitively bid and without regard to dollar value, shall
be conducted in a manner so as to provide maximum open and free competition. All sole -source
procurements in excess of $100,000 must receive prior written approval from OEM in additional to any
other approvals required by law applicable to the Subgrantee. Justification for sole -source procurement in
excess of $100,000 should include a description of the program and what is being contracted for, an
explanation of why it is necessary to contract noncompetitively, time constraints and any other pertinent
information. Interagency agreements between units of government are excluded from this provision.
3. The Subgrantee shall be alert to organizational conflicts of interest or non-competitive practices among
contractors that may restrict or eliminate competition or otherwise restrain trade. Contractors that develop or
draft specifications, requirements, statements of work, and/or Requests for Proposals (RFP) for a proposed
Page 3 — Deschutes County Sheriffs Office
procurement shall be excluded from bidding or submitting a proposal to compete for the award of such
procurement. Any request for exemption must be submitted in writing to OEM.
4. The Subgrantee agrees that, to the extent they use contractors or subcontractors, such recipients shall use small,
minority, women -owned or disadvantaged business concerns and contractors or subcontractors to the extent
practicable.
I. Property/Equipment Management and Records Control. and Retention of Records.
J.
1. Property/Equipment Management and Records Control. The Subgrantee agrees to comply with all
requirements set forth in 44 CFR Part 13 for the active tracking and monitoring of property/equipment.
Procedures for managing property/equipment, whether acquired in whole or in part with grant funds, until
disposition takes place, will, at a minimum, meet the following requirements:
a. All property/equipment purchased under this agreement, whether by the Subgrantee or a subcontractor,
will be recorded and maintained in the Subgrantee's property/equipment inventory system.
b. The Subgrantee shall maintain property/equipment records that include: a description of the
property/equipment; the manufacturer's serial number, model number, or other identification number; the
source of the property/equipment, including the Catalog of Federal Domestic Assistance (CFDA)
number; who holds title; the acquisition date; the cost of the property/ equipment and the percentage of
Federal participation in the cost; the location, use and condition of the property/equipment; and any
ultimate disposition data including the date of disposal and sale price of the property/equipment.
c. A physical inventory of the property/equipment must be taken and the results reconciled with the
property/equipment records, at least once every two years.
d. A control system must be developed to ensure adequate safeguards to prevent loss, damage, or theft of the
property/equipment. Any loss, damage, or theft shall be investigated.
e. Adequate maintenance procedures must be developed to keep the property/equipment in good condition.
f. If the Subgrantee is authorized to sell the property/equipment, proper sales procedures must be
established to ensure the highest possible return.
g.
The Subgrantee agrees that, when practicable, any property/equipment purchased with grant funding shall
be prominently marked as follows: "Purchased with funds provided by the U.S. Department of Homeland
Security".
h. The Subgrantee shall pass on property/equipment management requirements that meet or exceed the
requirements outlined above for all subcontractors, consultants, and the subgrantees who receive pass-
through funding from this grant agreement.
2. Retention of Property/Equipment Records. Records for property/equipment shall be retained for a period of
six years from the date of the disposition or replacement or transfer at the discretion of the awarding agency.
Title to all property/equipment and supplies purchased with funds made available under the Homeland
Security Grant Program shall vest in the Subgrantee agency that purchased the property/equipment, if it
provides written certification to OEM that it will use the property/equipment for purposes consistent with the
Homeland Security Grant Program.
Funding.
1. Matching Funds. This Grant does not require matching funds.
2. Allowable Costs. The Subgrantee agrees that all allocations and use of funds under this Agreement will be in
accordance with the Fiscal Year 2010 Homeland Security Grant Program guidance and application kit.
3. Supplanting. The Subgrantee certifies that federal funds will not be used to supplant state or local funds, but
will be used to increase the amount of funds that, in the absence of federal aid, would be made available to the
Subgrantee to fund programs consistent with Homeland Security Grant Program guidelines.
Page 4 — Deschutes County Sheriff's Office
K. Reports. Failure of the Subgrantee to submit the required program, financial, or audit reports, or to resolve
program, financial, or audit issues may result in the suspension of grant payments and/or termination of
the grant agreement.
1. Performance Reports.
The Subgrantee agrees to submit performance reports on its progress in meeting each of its agreed upon goals
and objectives. The narrative reports will address specific information regarding the activities carried out under
the FY 2010 Homeland Security Grant Program and how they address identified project specific goals and
objectives.
Reports are due to OEM by the end of each calendar year quarter.
Any Performance Report that is outstanding for more than one month past the due date may cause
the suspension and/or termination of the grant. The Subgrantee must receive prior written approval from
OEM to extend a performance report requirement past its due date.
2. Financial Reimbursement Reports.
a. In order to receive reimbursement, the Subgrantee agrees to submit a signed Request for Reimbursement
(RFR) which includes supporting documentation for all grant expenditures. RFRs may be submitted
monthly but no less frequently than quarterly during the term of the grant agreement. At a minimum,
RFRs must be submitted no later than one month following the end of each calendar year quarter,
and a final RFR must be submitted no later than one month following the end of the grant period.
b. Reimbursements for expenses will be withheld if performance reports are not submitted by the specified
dates or are incomplete.
c. Reimbursement rates for travel expenses shall not exceed those allowed by the State of Oregon. Requests
for reimbursement for travel must be supported with a detailed statement identifying the person who
traveled, the purpose of the travel, the dates, times, and places of travel, and the actual expenses or
authorized rates incurred.
d. Reimbursements will only be made for actual expenses incurred during the grant period. The Subgrantee
agrees that no grant funds may be used for expenses incurred before January 1, 2011 or after
December 31, 2012.
e. The Subgrantee shall be accountable for and shall repay any overpayment, audit disallowances or any other
breach of grant that results in a debt owed to the Federal Government. OEM shall apply interest,
penalties, and administrative costs to a delinquent debt owed by a debtor pursuant to the Federal Claims
Collection Standards and OMB Circular A-129.
3. Audit Reports. The Subgrantee shall provide OEM copies of all audit reports pertaining to this Grant
Agreement obtained by the Subgrantee, whether or not the audit is required by OMB Circular A-133.
L. Indemnification.
The Subgrantee shall, to the extent permitted by the Oregon Constitution and by the Oregon Tort Claims Act,
defend, save, hold harmless, and indemnify the State of Oregon, OEM, and their officers, employees, agents, and
members from all claims, suits and actions of whatsoever nature resulting from or arising out of the activities of the
Subgrantee, its officers, employees, subcontractors, or agents under this grant.
The Subgrantee shall require any of its contractors or subcontractors to defend, save, hold harmless and indemnify
the State of Oregon, OEM, and their officers, employees, agents, and members, from all claims, suits or actions of
whatsoever nature resulting from or arising out of the activities of subcontractor under or pursuant to this grant.
The Subgrantee shall, if liability insurance is required of any of its contractors or subcontractors, also require such
contractors or subcontractors to provide that the State of Oregon, OEM, and their officers, employees and
members are Additional Insureds, but only with respect to the contractor's or subcontractor's services performed
under this grant.
Page 5 — Deschutes County Sheriff's Office
M. Copyright and Patents.
1. Copyright. If this agreement or any program funded by this agreement results in a copyright, OEM and the
U.S. Department of Homeland Security reserve a royalty -free, nonexclusive and irrevocable license to
reproduce, publish or otherwise use, and authorize others to use, for government purposes, the work or the
copyright to any work developed under this agreement and any rights of copyright to which the Subgrantee, or
its contractor or subcontractor, purchases ownership with grant support.
2. Patent. If this agreement or any program funded by this agreement results in the production of patentable
items, patent rights, processes, or inventions, the Subgrantee or any of its contractors or subcontractors shall
immediately notify OEM. OEM will provide the Subgrantee with further instruction on whether protection on
the item will be sought and how the rights to the item will be allocated and administered in order to protect the
public interest, in accordance with federal guidelines.
N. Governing Law; Venue; Consent to Jurisdiction. This Agreement shall be governed by and construed in
accordance with the laws of the State of Oregon without regard to principles of conflicts of law. Any claim, action,
suit, or proceeding (collectively, "Claim") between OEM (and/or any other agency or department of the State of
Oregon) and the Subgrantee that arises from or relates to this Agreement shall be brought and conducted solely and
exclusively within the Circuit Court for the State of Oregon; provided, however, if the Claim must be brought in a
federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court
for the District of Oregon. In no event shall this Section be construed as a waiver by the State of Oregon of any
form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the
eleventh amendment to the Constitution of the United States or otherwise, from any claim or from the jurisdiction
of any court. The Subgrantee, by execution of this agreement, hereby consents to the In Personam
Jurisdiction of said courts, waives any objection to venue, and waives any claim that such forum is an
inconvenient forum.
O. Notices. Except as otherwise expressly provided in this Section, any communications between the parties hereto or
notice to be given hereunder shall be given in writing by personal delivery, facsimile, or mailing the same by
registered or certified mail, postage prepaid to the Subgrantee or OEM at the address or number set forth on page 1
of this Agreement, or to such other addresses or numbers as either party may hereafter indicate pursuant to this
section. Any communication or notice so addressed and sent by registered or certified mail shall be deemed
delivered upon receipt or refusal of receipt. Any communication or notice delivered by facsimile shall be deemed to
be given when receipt of the transmission is generated by the transmitting machine. Any communication or notice
by personal delivery shall be deemed to be given when actually delivered. The parties also may communicate by
telephone, regular mail or other means, but such communications shall not be deemed Notices under this Section
unless receipt by the other party is expressly acknowledged in writing by the receiving party.
P. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of OEM, the Subgrantee,
and their respective successors and assigns, except that the Subgrantee may not assign or transfer its rights or
obligations hereunder or any interest herein without the prior consent in writing of OEM.
Q•
Survival. All provisions of this Agreement set forth in the following sections shall survive termination of this
Agreement: Section II. G (Administrative Requirements, Retention and Access to Records, and Audits); Section
II.H (Procurement Standards); Section II.I (Property/Equipment Management and Records Control, and Retention
of Records); Section II.K (Reports); and Section II.L (Indemnification).
R. Severability. If any term or provision of this Agreement is declared by a court of competent jurisdiction to be illegal
or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights
and obligations of the parties shall be construed and enforced as if this Agreement did not contain the particular
term or provision held to be invalid.
S. Relationship of Parties. The parties agree and acknowledge that their relationship is that of independent contracting
parties and neither party hereto shall be deemed an agent, partner, joint venturer or related entity of the other by
reason of this Agreement.
Page 6 — Deschutes County Sheriff's Office
III. Subgrantee Compliance and Certifications
A. Debarment Suspension. Ineligibility and Voluntary Exclusion. The Subgrantee certifies by accepting funds under
this Agreement that neither it nor its principals are presently debarred, suspended, proposed for debarment,
declared ineligible, nor voluntarily excluded from participation in this transaction by any Federal department or
agency. (This certification is required by regulations published May 26, 1988, implementing Executive Order 12549,
Debarment and Suspension, 44 CFR Part 17.) The Subgrantee shall establish procedures to provide for effective use
and/or dissemination of the Excluded Parties List (http://www.epls.gov/) to assure that their contractors are not in
violation of the nonprocurement debarment and suspension common rule.
B. Standard Assurances and Certifications Regarding Lobbying. The Subgrantee is required to comply with 44 CFR
Part 18, New Restrictions on Lobbying (http://www.access.gpo.gov/nara/cfr/waisidx_07/44cfr18_07.html). The
restrictions on lobbying are enforceable via large civil penalties, with civil fines between $10,000 and $100,000 per
expenditure. The Subgrantee understands and agrees that it cannot use any federal funds, either directly or
indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level
of government, without the express prior written approval of GPD.
C. Compliance with Applicable Law. The Subgrantee agrees to comply with all applicable laws, regulations, program
guidance, and guidelines of the State of Oregon, the Federal Government and OEM in the performance of this
agreement, including but not limited to:
1. Administrative Requirements set forth in 44 CFR Part 13; 2 CFR Part 215.
2. Cost Principles set forth in 2 CFR Part 225; Part 230; and Federal Acquisition Regulation (FAR) Part 31.2.
3. Audit Requirements set forth in OMB Circular A-133.
4. The provisions set forth in 44 CFR Part 7; Part 9; Part 10; and Federal laws or regulations applicable to Federal
assistance programs.
5. The Freedom of Information Act (FOIA), 5. U.S.C. §552 with consideration of State and local laws and
regulations regarding the release of information and regulations governing Sensitive Security Information (49
CFR Part 1520).
D. Non-discrimination and Civil Rights Compliance. Equal Employment Opportunity Program. and Services to
Limited English Proficient (LEP) Persons.
1. Non-discrimination and Civil Rights Compliance. The Subgrantee, and all its contractors and subcontractors,
certifies that no person shall be excluded from participation in, denied the benefits of, subjected to
discrimination under, or denied employment in connection with any activity funded under this agreement on
the basis of race, color, age, religion, national origin, disability, or gender. The Subgrantee, and all its
contractors and subcontractors, assures compliance with all applicable nondiscrimination laws, including but
not limited to:
a. Nondiscrimination Regulation 44 CFR Part 7;
b. Title II of the Americans with Disabilities Act (ADA) of 1990;
In the event that a Federal or State court or administrative agency makes a finding of discrimination after a due
process hearing on the grounds of race, color, age, religion, national origin, disability or gender against the
Subgrantee or any of its contractors or subcontractors, the Subgrantee or any of its contractors or
subcontractors will forward a copy of the finding to OEM.
2. Equal Employment Opportunity Program. The Subgrantee, and any of its contractors and subcontractors,
certifies that an equal employment opportunity program will be in effect on or before the effective date of this
agreement. The Subgrantee must maintain a current copy on file.
3. Services to Limited English Proficient (LEP) Persons. National origin discrimination includes discrimination
on the basis of limited English proficiency. Recipients of federal financial assistance have an obligation to
reduce language barriers that can preclude meaningful access by LEP persons to important benefits, programs,
information and services. For additional information, please see http://www.lep.gov.
Page 7 — Deschutes County Sheriff's Office
E. Environmental and Historic Preservation.
1. The Subgrantee shall comply with all applicable Federal, State, and local environmental and historic
preservation (EHP) requirements and shall provide any information requested by FEMA to ensure compliance
with applicable environmental and historic preservation laws including but not limited to:
a. National Environmental Policy Act,
b. National Historic Preservation Act,
c. Endangered Species Act, and
d. Executive Orders on Floodplains (11988), Wetlands (11990) and Environmental Justice (12898).
Failure of the Subgrantee to meet Federal, State, and local EHP requirements and obtain applicable permits
may jeopardize Federal funding.
2. The Subgrantee shall not undertake any project without prior EHP approval by FEMA, including but
not limited to communications towers, physical security enhancements, new construction, and
modifications to buildings, structures, and objects that are 50 years old or greater. The Subgrantee must
comply with all conditions placed on the project as the result of the EHP review. Any change to the approved
project scope of work will require re-evaluation for compliance with these EHP requirements. If ground
disturbing activities occur during project implementation, the Subgrantee must ensure monitoring of ground
disturbance and if any potential archeological resources are discovered, the Subgrantee will immediately cease
construction in that area and notify FEMA and the appropriate State Historic Preservation Office. Any
construction activities that have been initiated without the necessary EHP review and approval will result in a
non-compliance finding and will not be eligible for FEMA funding.
3. For any of the Subgrantee's or its contractors' or subcontractors' existing programs or activities that will be
funded by these grant funds, the Subgrantee, upon specific request from the U.S. Department of Homeland
Security, agrees to cooperate with the U.S. Department of Homeland Security in any preparation by the U.S.
Department of Homeland Security of a national or program environmental assessment of that funded program
or activity.
F. Drug Free Workplace Requirements. The Subgrantee certifies that it will provide a drug-free workplace. There are
two general requirements if you are a recipient other than an individual.
1. You must make a good faith effort, on a continuing basis, to maintain a drug-free workplace. Briefly, those
measures are to:
a. Publish a drug-free workplace statement and establish a drug-free awareness program for your employees
(see 44 CFR Part 17.6); and
b. Take actions concerning employees who are convicted of violating drug statutes in the workplace.
2. You must identify all known workplaces under your Federal awards.
Additional information can be referenced at: http://www.access.gpo.gov/nara/cfr/waisidx_08/44cfrvl_08.html.
G. Classified National Security Information. No funding under this award shall be used to support a contract,
subaward or other agreement for goods or services that will include access to classified national security information
if the award recipient has not been approved for and has access to such information. Classified national security
information as defined in Executive Order (EO) 12958, as amended, means information that has been determined
pursuant to EO 12958 or any predecessor order to require protection against unauthorized disclosure and is marked
to indicate its classified status when in documentary form.
H. Human Trafficking. The Subgrantee, employees, contractors and subrecipients under this award and their respective
employees may not:
1. Engage in severe forms of trafficking in persons during the period of the time the award is in effect;
2. Procure a commercial sex act during the period of time the award is in effect; or
3. Use forced labor in the performance of the award or subawards under the award.
The Subgrantee must inform OEM immediately of any information the Subgrantee receives from any source
alleging a violation of any of the above prohibitions in this award term. OEM's right to terminate unilaterally is in
additional to all other remedies under this award. The Subgrantee must include these requirements in any subaward
made to public or private entities.
Page 8 — Deschutes County Sheriff's Office
IV. Suspension or Termination of Funding
OEM may suspend funding in whole or in part, terminate funding, or impose another sanction on a Homeland Security
Grant Program recipient for any of the following reasons:
A. Failure to comply substantially with the requirements or statutory objectives of the Homeland Security Grant
Program guidelines issued thereunder, or other provisions of federal law.
B. Failure to make satisfactory progress toward the goals and objectives set forth in the approved Project
Justification(s).
C. Failure to adhere to the requirements of the grant award and standard or special conditions.
D. Proposing or implementing substantial plan changes to the extent that, if originally submitted, the application would
not have been selected.
E. Failing to comply substantially with any other applicable federal or state statute, regulation, or guideline. Before
imposing sanctions, OEM will provide reasonable notice to the Subgrantee of its intent to impose sanctions and will
attempt to resolve the problem informally.
V. Termination of Agreement
OEM may unilaterally terminate all or part of this Agreement or may reduce its scope of work if there is:
A. A reduction in federal funds which are the basis for this Agreement.
B. A material misrepresentation, error, or inaccuracy in Subgrantee's application.
C. A change, modification or interpretation of State or Federal laws, regulations or guidelines that deprives OEM of
authority to provide grant funds for the program or provide funds from the planned funding source
Page 9 — Deschutes County Sheriff's Office
VI. Subgrantee Representations and Warranties
The Subgrantee represents and warrants to OEM as follows:
A. Existence and Power. The Subgrantee is a political subdivision of the State of Oregon. The Subgrantee has full
power and authority to transact the business in which it is engaged and full power, authority, and legal right to
execute and deliver this Agreement and incur and perform its obligations hereunder.
B. Authority. No Contravention. The making and performance by the Subgrantee of this Agreement (a) have been
duly authorized by all necessary action of the Subgrantee, (b) do not and will not violate any provision of any
applicable law, rule, or regulation or order of any court, regulatory commission, board or other administrative
agency or any provision of the Subgrantee's articles of incorporation or bylaws and (c) do not and will not result in
the breach of, or constitute a default or require any consent under any other agreement or instrument to which the
Subgrantee is a party or by which the Subgrantee or any of its properties are bound or affected.
C. Binding Obligation. This Agreement has been duly authorized, executed and delivered on behalf of the Subgrantee
and constitutes the legal, valid, and binding obligation of the Subgrantee, enforceable in accordance with its terms.
D. Approvals. No authorization, consent, license, approval of, filing or registration with, or notification to, any
governmental body or regulatory or supervisory authority is required for the execution, delivery or performance by
the Subgrantee of this Agreement.
John Lewis, Plans and Training Section Director
Oregon Military Department
Office of Emergency Management
PO Box 14370
Salem, OR 973 5062
Signature O'Au t ioriz
an ee Official
Larry Blanton, Sheriff, Deschutes County
Date
Z—�° l7
Date
• Fiscal Representative of Subgrantee Agency
Larry Blanton, Sheriff, Deschutes County
—/U '(
Date
Name/Title
Approved for Legal Sufficiency:
Steven A. Wolf by email
Assistant Attorney General
January 25. 2011
Date
Page 10 — Deschutes County Sheriff's Office
OREGON MILITARY DEPARTMENT
OFFICE OF EMERGENCY MANAGEMENT
STATE HOMELAND SECURITY GRANT PROGRAM — CFDA #97.073
GRANT AWARD CONDITIONS AND CERTIFICATIONS
Signature of Authorized Subgrantee Official Date
Tammy Baney, Chair, Deschutes County Board of Commissioners
Name/Title
Signature of Authorized Fiscal Representative of Subgrantee Agency Date
Tammy Baney, Chair, Deschutes County Board of Commissioners
Name/Title
Signature of Authorized Subgrantee Official Date
Anthony DeBone, Vice Chair, Deschutes County Board of Commissioners
Name/Title
Signature of Authorized Fiscal Representative of Subgrantee Agency Date
Anthony DeBone, Vice Chair, Deschutes County Board of Commissioners
Name/Title
Signature of Authorized Subgrantee Official Date
Alan Urger, Commissioner, Deschutes County Board of Commissioners
Name/Title
Signature of Authorized Fiscal Representative of Subgrantee Agency Date
Alan Unger, Commissioner, Deschutes County Board of Commissioners
Name/Title
Attest:
Recording Secretary
Page 10-A Deschutes County Sheriffs Office