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HomeMy WebLinkAbout911 OEM GrantDeschutes 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 January 28, 2009 DATE: January 7, 2009 FROM: Sue Brewster, Legal Counsel, Deschutes County Sheriff's Office Phone: 385 -1714 TITLE OF AGENDA ITEM: Consideration of Signature of Document #2009 -004, a Grant Award: CAD -to -CAD (Computer Automated Dispatch) Interface and Interoperability Project, Grant #08 -218 from the Office of Emergency Management, State Homeland Security Program PUBLIC HEARING ON THIS DATE? No. BACKGROUND AND POLICY IMPLICATIONS: The CAD -to -CAD interface is a new project that will provide CAD connectivity between eight Ore on counties. The program will allow the agencies to transfer incidents to each other, thus reducing emergency services response times. The eight counties which will be connected are Crook, Deschutes, Gilliam, Jefferson, Klamath, Lake, Sherman, and Wheeler. FISCAL IMPLICATIONS: Deschutes County 9 -1 -1 has initiated the process for physical connectivity to the proposed interface, obligating $7,000 towards hardware, software, and installation costs. Deschutes County 9 -1 -1 has researched and received cost estimates to create the necessary CAD interfaces and connections for all of the participants. Total Expenditures: $314,580.00. FY 2008 Award: $314,580.00 RECOMMENDATION & ACTION REQUESTED: Approval of Office of Emergency Management, State Homeland Security Program Grant #08 -218 in the amount of $314,580.00. ATTENDANCE: Shawn Pray, Administrative Supervisor, Deschutes County 9 -1 -1 DISTRIBUTION OF DOCUMENTS: Return signed originals to Shawn Pray, Admin. Supervisor, Deschutes County 9 -1 -1, for distribution. DESCHUTES COUNTY DOCUMENT SUMMARY Date: January 7, 2009 Department: DCSO Contact Person: Shawn Pray, Administrator Supervisor, Deschutes County 9 -1 -1 Phone #: 388 -0195 Contractor /Supplier /Consultant Name: N/A Goods and /or Services: Document No. 2009 -004: Grant Award: CAD -to -CAD (Computer Automated Dispatch) Interface and Interoperability Project, Grant #08 -218, Oregon Military Department, Office of Emergency Management, State Homeland Security Program. Background & History: The purpose of the CAD -to -CAD Interface and Interoperability Project is to provide emergency responders in eight Oregon counties with accurate information in a timely manner. At present, the different CAD systems are not able to communicate with or transfer CAD incidents to each other, so the information must be transmitted by dispatchers via telephone, which results in delayed emergency response. Additionally, this grant will enable Deschutes County 9 -1 -1 to participate in nationally standardized protocols of Federal, National, State, and Local emergency operation systems and frameworks, including the National Information Management System. Agreement Starting Date: 11/1/08 — 12/31/10 Annual Value or Total Payment: $314,580.00 Funding Source: Oregon Military Department, Office of Emergency Management, State Homeland Security Program (Included in current budget? ❑ Yes ® No If No, has budget amendment been submitted? ❑ Yes ® No Departmental Contact: Shawn Pray, Admin. Supervisor, Deschutes County 9 -1 -1 Phone #: 388 -0185 Department Director Approval: Signature Date Distribution of Document: Return signed originals to Shawn Pray, Administrative Supervisor, Deschutes County 9 -1 -1, for distribution. 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 Document Number 1/13/2009 REVIEWED LEGAL COUNSEL REGON MILITARY DEPARTMENT OFFICE OF EMERGENCY MANAGEMENT STATE HOMELAND SECURITY PROGRAM - CFDA # 97.073 1FIVI Cop) GRANT AWARD CONDITIONS AND CERTIFICATIONS PROGRAM NAME: CAD -to -CAD Interface and Interoperability Project SUBGRANTEE: Deschutes County 9 -1 -1 ADDRESS: 63333 Highway 20 #911 Bend, OR 97701 PROGRAM CONTACT: Shawn Pray shawnp @deschutes.org FISCAL CONTACT: Same GRANT NO: FY 2008 AWARD: AWARD PERIOD: TELEPHONE: FAX: TELEPHONE: # 08 -218 $314,580 11/1/08 thru 12/31/10 (541) 388-0185 (541) 380 -57( 7 Same REVENUE Federal Grant Funds EXPENDITURES Equipment Other Authorized Equipment Terrorism Incident Prevention Planning BUDGET $314,580 TOTAL REVENUE: $314,580 $207,720 $102,000 $4,860 TOTAL EXPENDITURES: $314,580 This document along with the terms and conditions and grant application attached hereto and any other document referenced constitute an agreement between the Oregon Military Department, Office of Emergency Management (OEM and he Subgrantee. No waiver, consent, modification 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 on1t in the specific instance and for the specific purpose given. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this agreement. The Subgrantee, by signature of its authorized representative, herby 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 , -nd guidelines may result in the withholding of reimbursement, the termination or suspension of the agreement, denial of fut ire grants, and /or damages to OEM. Page 1 — Deschutes County 9• -I ^" TERMS AND CONDITIONS I. 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 moc!ify 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 immed i rte 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 approva 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 t statement: "This document was prepared under a grant from FEMA's Grant Programs Directorat:, U.S. Department of Homeland Security. Points of view or opinions expressed in this document are those o! 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 dais collection requests, including, but not limited to, the provision of any information required for the assessme it or evaluation of any activities within this agreement. F. The Subgrantee agrees that, to the extent they use contractors or subcontractors, such recipients shall use sr all, minority, women -owned or disadvantaged business concerns and contractors or subcontractors to the exten practicable. G. By accepting FY 2008 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 Integration Center (NIC) at http:/ /www. fema.gov/ emergency/ nims /. H. 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, aid to maintain accounting and financial records in accordance with Generally Accepted Accounting Princi ales (GAAP) and financial, administrative, and audit requirements as set forth in the most recent versions o the Code of Federal Regulations (CFR) and the Office of Management and Budget (OMB) Circulars an I the U.S. Department of Homeland Security's Financial Management Guide. A nonexclusive list of regulations commonly applicable to DHS grants includes: a. Administrative Requirements. 44 CFR Part 13 (Grants and Cooperative Agreements to State any 1 Local Governments) and 2 CFR Part 215 (Institutions of Higher Education, Hospitals, and OthLr Non - Profit Organizations). b. Cost Principles. 2 CFR Part 225 (State and Local Governments); 2 CFR Part 230 (Non -Profit Organizations); and Federal Acquisition Regulations Sub -part 31.2 (Contracts with Commercial Organizations). c. Audit Requirements. OMB Circular A -133 (Audits of States, Local Governments, and Non -Pro it Organizations. Page 2 — Deschutes County ! -1 -1 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 five year 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, the Office of the Comptroller, the General Accounting Office (GAO), or any of their authorized representatives, shall have the right of access to ary pertinent books, documents, papers, or other records of Subgrantee and any contractors or subcontract irs of 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 thy: records are retained. 4. Audits. If Subgrantee expends $500,000 or more in Federal funds (from all sources) in its fiscal year, 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. LI Subgrantee expends less than $500,000 in its fiscal year in Federal funds, 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 I.H.3 herein. 5. Audit Costs. Audit costs for audits not required in accordance with OMB Circular A -133 are unallowal Le. If 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. 1. Procurement Standards. J. 1. Subgrantee shall follow the same policies and procedures used for procurement from its non - Federal funds. 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. Interager cy agreements between units of government are excluded from this provision. a. Subgrantees may not proceed with sole source procurement in excess of $100,000 without prior written approval from OEM. Should a recipient elect to award a contract in excess of $100,000 without competition, sole source justification will be necessary. b. Justification must be provided for non - competitive procurement in excess of $100,000 and sho..ld include a description of the program and what is being contracted for, an explanation of why it s necessary to contract noncompetitively, time constraints and any other pertinent information. 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 (RE P) for a proposed 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. Property /Equipment Management and Records Control and Retention of Records. 1. Property/Equipment Management and Records Control. Subgrantee agrees to comply with all requirements set forth in 44 CFR Section 13 for the active tracking and monitoring of property /equipment. Procedures for managing property/equipment, whether acquired in whole or ii part with grant funds, until disposition takes place, will, at a minimum, meet the following requiremei ts: 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 invento y system. Page 3 — Deschutes County S .1 -1 b. 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 till. property/equipment records, at least once every two years. d. 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. Departmen of Homeland Security ". e. Adequate maintenance procedures must be developed to keep the property/equipment in good condition. f. 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. g. Subgrantee must adequately safeguard all such property/equipment and must assure that it is use solely for authorized purposes. h. If the Subgrantee is authorized to sell the property/equipment, proper sales procedures must be established to ensure the highest possible return. Subgrantee shall pass on property/equipment management requirements that meet or exceed the requirements outlined above for all subcontractors, consultants, and subgrantees who receive pas ,- through funding from this grant agreement. 2. Retention of Property/Equipment Records: Records for property/equipment shall be retained for a period of five years from the date of the disposition or replacement or transfer at the discretion of thf awarding agency. Title to all property/equipment and supplies purchased with funds made available under the Homeland Security Grant Program (HSGP) 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. K. Funding. 1. Matching Funds. This Grant does not require matching funds. 2. Supplanting. The Subgrantee certifies that federal funds will not be used to supplant state or local fun is, 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 (HSGP) guidelines. L. 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. Initial Strategy Implementation Plan (ISIP), Progress Reports and Biannual Strategy Implementation Reports (BSIR). The first report, the Initial Strategy Implementation Plan (ISIP), is due by October 23, 2008 and will be completed by the Office of Emergency Management. The Subgrantee agrees to submit two types of semi - annual reports on its progress in meeting each of is agreed upon goals and objectives. One is a narrative progress report that addresses specific informati in regarding the activities carried out under the FY 2008 State Homeland Security Grant Program and h >w they address identified project specific goals and objectives. The second is a set of web -based Page 4 — Deschutes County S 1 -1 applications that details how funds are linked to one or more projects, which in turn must support specific goals and objectives in the State or Urban Area Homeland Security Strategy. Reports are due January 15, 2009; July 15, 2009; January 15, 2010; July 15, 2010; and January 14, 2011 or whenever Requests for Reimbursement are submitted, whichever comes first. Narrath e reports may be submitted with reimbursements, or included in the "Project Notes" section of the BS1R. Any progress report or Biannual Strategy Implementation Report that is outstanding for mon . than one month past the due date may cause the suspension and /or termination of the grant. Subgrantee must receive prior written approval from OEM to extend a progress report requirement p tst 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 quarterly but no less frequently than semi - annually during the term of th grant agreement. At a minimum, RFRs must be received no later than January 30, 2009; July : 1, 2009; January 29, 2010; July 30, 2010; and January 31, 2011. Reimbursements for expenses will be withheld if progress reports are not submitted by the specified dates or are incomplete. b. 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 tl e person who traveled, the purpose of the travel, the times, dates, and places of travel, and the acts al expenses or authorized rates incurred. c. 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 November 1, 2008 or after December 31, 2010. d. 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 th. Federal Claims Collection Standards and OMB Circular A -129. 3. Audit Reports. Subgrantee shall provide OEM copies of all audit reports pertaining to this Grant Agreement obtained by Subgrantee, whether or not the audit is required by OMB Circular A -133. M. Indemnification. The Subgrantee shall, to the extent permitted by the Oregon Constitution and by the Oregon Tort Claims A :t, 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 Subgrantee, its officers, employees, subcontractors, or agents under this grant. Subgrantee shall require any of its contractors or subcontractors to defend, save, hold harmless and indemni ry 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 th. t, grant. Subgrantee shall, if liability insurance is required of any of its contractors or subcontractors, also require sucli 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 S -1 -1 N. 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 licens, . to reproduce, publish or otherwise use, and authorize others to use, for government purposes, the wo 'k or the copyright to any work developed under this agreement and any rights of copyright to which 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 guideline . O. No Implied Waiver, Cumulative Remedies. The failure of OEM to exercise, and any delay in exercising any right, power, or privilege under this Agreement shall not operate as a waiver thereof, nor shall any single or partial exercise of any right, power, or privilege under this Agreement preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. The remedies provided herein are cumulative and not exclusive of any remedies provided by law. P. 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 he State of Oregon) and Subgrantee that arises from or relates to this Agreement shall be brought and conducte I 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. Subgrantee, by execution of this agreement, hereby consents to the In Personam Jurisdiction of said courts. Q Notices. Except as otherwise expressly provided in this Section, any communications between the patties hereto or notice to be given hereunder shall be given in writing by personal delivery, facsimile, or mailing thf same by registered or certified mail, postage prepaid to Subgrantee or OEM at the address or number set fat :h 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 expressl• acknowledged in writing by the receiving party. R. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of OEM, Subgrante and their respective successors and assigns, except that Subgrantee may not assign or transfer its rights or obligations hereunder or any interest herein without the prior consent in writing of OEM. S. Survival. All provisions of this Agreement set forth in the following sections shall survive termination of tr s Agreement: Section I.H (Administrative Requirements, Retention and Access to Records, and Audits); Secti, ,n I. I (Procurement Standards); Section I. J (Property/Equipment Management and Records Control, and Retention of Records); Section I.L (Reports); and Section I.M (Indemnification). T. Severability. If any term or provision of this Agreement is declared by a court of competent jurisdiction to 1 e illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, an 1 the rights and obligations of the parties shall be construed and enforced as if this Agreement did not contair the particular term or provision held to be invalid. U. 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 entit of the other by reason of this Agreement. Page 6 — Deschutes County -1- -1 II. Subgrantee Compliance and Certifications A. Debarment, Suspension, Ineligibility and Voluntary Exclusion. The Subgrantee certifies by accepting grant funds 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 28 CFR Part 1471.) Subgrantees 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. 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 $100,0001 per expenditure. 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 al ty 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, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments; 2 CFR Part 215, Institutions o Higher Educations, Hospitals, and Other Non -Profit Organizations; and the U.S. Department of Homeland Security's Financial Management Guide. 2. Cost Principles set forth in 2 CFR Part 225, State and Local Governments; Part 220, Educational Institutions; Part 230, Non - Profit Organizations; and Federal Acquisition Regulation Sub -part 31.2, Contracts with Commercial Organizations. 3. Audit Requirements set forth in OMB Circular A -133, Audits of States, Local governments, and Non Profit Organizations. 4. The provisions set forth in 44 CFR Part 7, Non - Discrimination /Equal Employment Opportunity Policies and Procedures; Part 9, Floodplain Management and Protection of Wetland Procedures; Part 10, Procedures for Implementing the National Environmental Policy Act; and Federal laws or regulations applicable to Federal assistance programs. 5. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91 -646). 6. Section 102(a) of the Flood Disaster Protection Act of 1973, P.L. 93 -234, 87 Stat.97, approved December 31, 1976. 7. Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and Historical Preservation Act of 1966 (16 USC 569a -1 et seq.) 8. National Environmental Policy Act of 1969, 42 USC 4321 et seq. 9. Flood Disaster Protection Act of 1973, 42 USC 4001 et seq. 10. Clean Air Act, 42 USC 7401 et seq. 11. Clean Water Act, 33 USC 1368 et seq. 12. Federal Water Pollution Control Act of 1948, as amended, 33 USC 1251 et seq. 13. Safe Drinking Water Act of 1974, 42 USC 300f et seq. 14. Endangered Species Act of 1973, 16 USC 1531 et seq. 15. Wild and Scenic Rivers Act of 1968, as amended, 16 USC 1271 et seq. 16. Historical and Archaeological Data Preservation Act of 1960, as amended, 16 USC 469 et seq. 17. Coastal Zone Management Act of 1972, 16 USC 1451 et seq. 18. Coastal Barrier Resources Act of 1982, 16 USC 3501 et seq. 19. Indian Self- Determination Act, 25 USC 450f. 20. Hatch Political Activity Act of 1940, as amended, 5 USC 1501 et seq. 21. Animal Welfare Act of 1970, 7 USC 2131 et seq. 22. Demonstration Cities and Metropolitan Development Act of 1966, 42 USC 3301 et seq. 23. Federal Fair Labor Standards Act of 1938 (as appropriate), as amended, 29 USC 201 et seq. Page 7 — Deschutes County 1 -1 -1 D. Certification of Non - discrimination. 1. 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, handicap, or gender. The Subgrantee, and all its contractors and subcontractors, assures compliance with the following laws: a. Non - discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended; b. Title IV of the Civil Rights Act of 1964, as amended; c. Section 504 of the Rehabilitation Act of 1973, as amended; d. Tide II of the Americans with Disabilities Act (ADA) of 1990, e. Tide IX of the Education Amendments of 1972; f. The Age Discrimination Act of 1975; g, The Department of Justice Nondiscrimination Regulations 28 CFR Part 42, Subparts C, D, E, and G; h. The Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39. 2. 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, handicap 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 the Oregon Military Department, Office of Emergency Management (OEM). OEM will forward a copy of the finding to the Office fo. Civil Rights, Office of Justice Programs. E. Civil Rights Compliance. All recipients of federal grant funds are required, and Subgrantee agrees, to compl with nondiscrimination requirements of Title VI of the Civil Rights Act, of 1964, as amended, 42 U.S.C. § 2000d et seq. (prohibiting discrimination in programs or activities on the basis of race, color, and national origin); Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 U.S.C. §3789d(c)(1) (prohibiti ig discrimination in employment practices or in programs and activities on the basis of race, color, religion, national origin, and gender); Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794 et seq. ( prohibiting discrimination in employment practices or in programs and activities on the basis of disability); Title II of thy; Americans with Disabilities Act of 1990, 42 U.S.C. 5 12131 (prohibiting discrimination in services, programs and activities on the basis of disability); The Age Discrimination Act of 1975, 42 U.S.C. C 6101 -07 (prohibiting discrimination in programs and activities on the basis of age); and Tide IX of the Education Amendments o! 1972, 20 U.S.0 § 1681 et seq. (prohibiting discrimination in educational programs or activities on the basis o gender). F. Equal Employment Opportunity Program. Title ['7 of the Civil Rights Act of 1964, as amended, 42. U.S.C. 2000 f seq. — No person on the grounds of race, color or national origin will be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in any program or activity receiving Federal financial assistance. The Subgrantee, and any of its contractors and subcontractors, certifies that an equal employment opportunity program as required by this section will be in effect on or before the effective date of this agreement. If required to formulate an Equal Employment Opportunity Program (EEOP), the Subgrantee must maintain a current copy on file which meets the applicable requirements. G. Services to Limited English Proficient (LEP) Persons. Subgrantees are required to comply with several federal civil rights laws, including Title VI of the Civil Rights Act of 1964, as amended. These laws prohibit discrimination on the basis of race, color, religion, national origin, and sex in the delivery of services. National origin discrimination includes discrimination on the basis of limited English proficiency. To ensure compliance with Title VI, recipients are required to take reasonable steps to ensure that LEP persons have meaningful access to their programs. Meaningful access may entail providing language assistance services, including oral and written translation, where necessary. Subgrantees are encouraged to consider the need for language services for LEP persons served or encountered both in developing their proposals and budgets at d in conducting their programs and activities. Reasonable costs associated with providing meaningful access fi r LEP individuals are considered allowable program costs. For additional information, please see http:/ /www.lep.gov. Page 8 — Deschutes County' -1 -1 H. Environmental and Historic Preservation. I. 1, 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 laws including: National Environmental Policy Act, National Historic Preservation Act, Endangered Species Act, and 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. Subgrantee shall not undertake any project having the potential to impact EHP resources without the prior approval of FEMA, including but not limited to communications towers, physical security enhancements, new construction, and modifications to buildings that are 50 years old or greater. 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 grounl 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. 2. For any of the Subgrantee's or its contractors' or subcontractors' existing programs or activities that wit 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. Certification Regarding Drug Free Workplace Requirements. 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. First, 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 Sec. 83.205 through 83.220); and b. Take actions concerning employees who are convicted of violating drug statutes in the workplace (see Sec. 83.225). 2. Second, you must identify all known workplaces under your Federal awards (see Sec. 83.230). Additional information can be referenced at: http: / /www.access.gpo.gov jnara/ cfr /waisidx_04 /28cfrv2_04.html. III. Suspension or Termination of Funding The Oregon Military Department, Office of Emergency Management may suspend funding in whole or in part, terminate funding, or impose another sanction on a State Homeland Security Grant Program recipient for any of the following reasons: A. Failure to comply substantially with the requirements or statutory objectives of the State 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, the Office of Emergency Management will provide reasonable notice to the Subgrantee of its intent to impose sanctions and will attempt to resolve the problem informally. Page 9 — Deschutes County 9 -1 -1 IV. Subgrantee Representations and Warranties Subgrantee represents and warrants to OEM as follows: A. Existence and Power. Subgrantee is a political subdivision of the State of Oregon. Subgrantee has full powi.r and authority to transact the business in which it is engaged and full power, authority, and legal right to execul and deliver this Agreement and incur and perform its obligations hereunder. B. Authority. No Contravention. The making and performance by Subgrantee of this Agreement (a) have bee i duly authorized by all necessary action of Subgrantee, (b) do not and will not violate any provision of an applicable law, rule, or regulation or order of any court, regulatory commission, board or other administrativ agency or any provision of Subgrantee's articles of incorporation or bylaws and (c) do not and will not result i i the breach of or constitute a default or require any consent under any other agreement or instrument to whic 1 Subgrantee is a party or by which 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 Subgrante and constitutes the legal, valid, and binding obligation of Subgrantee, enforceable in accordance with its terms. D. Approvals. No authorization, consent, license, approval of, filing or registration with, or notification to, an governmental body or regulatory or supervisory authority is required for the execution, delivery or performanc by Subgrantee of this Agreement. David Cassel, Domestic Preparedness Manager Oregon Military Department Office of Emergency Management PO Box 14370 Salem, OR 97309 -5062 (503) 378 -2911 ext 22226 Date Signature of Authorized Subgrantee Official Date Name /Title Tamm . c ey, Board of County Commissioners 1Z 09 Signa, /e of Autho zed Fiscal Representative of Subgrantee Agency Date Name /Title Shawn Pray, Administrative Supervisor Deschutes County 9 -1 -1 Page 10 — Deschutes County 9 -1- I