Loading...
HomeMy WebLinkAboutDoc 174 - 911 Grant - Emerg Ops Center ProjDeschutes 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 August 5, 2009 Please see directions for completing this document on the next page. DATE: July 20, 2009 FROM: Shawn Pray 9 -1 -1 (541) 388 -0185 x2313 TITLE OF AGENDA ITEM: Document No. 2009 -174: Grant Award Contract: Deschutes County 9 -1 -1 Emergency Operations Center Project (DC911 EOC Project), from the U.S. Department of Homeland Security, Emergency Operations Center Grant Program. PUBLIC HEARING ON THIS DATE? No BACKGROUND AND POLICY IMPLICATIONS: The construction project will allow for an Emergency Operations Center (EOC) to be co- located witl the only countywide public safety and 9 -1 -1 communications center, Deschutes County 9 -1 -1. The proposed EOC will include designated space for elected officials, public information officers, media and reliable communications. FISCAL IMPLICATIONS: Deschutes County 9 -1 -1 will meet the 25% match requirement through in -kind construction. This project will expand the building from 12,000 square feet to 15,000 square feet in order to include the needed Emergency Operations Center. The in -kind contribution will include construction, architecture, installation, and other service costs. RECOMMENDATION & ACTION REQUESTED: Approval of Department of Homeland Security Emergency Operations Center Grant Award Contract in the amount of $899,422.00. 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 (NOTE: This form is required to be submitted with ALL contracts and other agreements, regardless of whether the document is to be on a Board agenda or can be signed by the County Administrator or Department Director. If the document is to be on a Board agenda, the Agenda Request Form is also required. If this form is not included with the document, the document will be returned to the Department. Please submit documents to the Board Secretary for tracking purposes, and not directly to Legal Counsel, the County Administrator or the Commissioners. In addition to submitting this form with your documents, please submit this form electronically to the Board Secretary.) Please complete all sections above the Official Review line. Date: lAugust 5, 2009 Department: 9 -1 -1 Contact Person: Shawn Pray, Administrative Supervisor, Deschutes County 9 -1 -1 Phone: (541) 388 -0185 x2313 Contractor /Supplier /Consultant Name: NMI Type of Document: Grant Award Contract Goods and /or Services: Document No. 2009 -174: Grant Award Contract: Deschutes County 9 -1 -1 Emergency Operations Center Project (DC911 EOC Project), from the U.S. Department of Homeland Security, Emergency Operations Center Grant Program. Background & History: The DC911 Executive Board has previously approved the construction of a new 12,000 square foot 9 -1 -1 communications center. This grant will expand the building to 15,000 square feet which will allow for an Emergency Operations Center (EOC) to be co- located with the only countywide public safety and 9 -1 -1 communications center, DC911. In keeping with National Incident Management System recommendations, co- locating a countywide EOC with DC911 ensures that the integral elements of an EOC are present and readily available in an emergency. The proposed EOC project will enhance emergency management capabilities for the state, county and local agencies by bringing together not only the agencies involved in the incident but also the elected officials and the media. Agreement Starting Date: July 1, 2009 Annual Value or Total Payment: $899,422.00 Ending Date: Funding Source: (Included in current budget? ® Yes I 1 No March 31, 2011 If No, has budget amendment been subrnitted? LI Yes LI No Is this a Grant Agreement providing revenue to the County? ® Yes Special conditions attached to this grant: 25% matching requirement Deadlines for reporting to the grantor: March 31, 2011 No Semi - annual. Every January and July 1 until Contact information for the person responsible for grant compliance: Name: Shawn Pray, Admin. Supervisor, Deschutes County 9 -1 -1 Phone #: (541) 388 -0185 x2313 7/20/2009 Departmental Contact: Shawn Pray Phone #: (541) 388 -0185 x2313, Title: Administrative Supervisor, Deschutes County 9 -1 -1 Department Director Approval: daaze/yeAta_.- 7-.90 61 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) El Administrator (if >$25K but <$150K; if >$150K, BOCC Order No. Legal Review Date Document Number 2009 -174 ) 7/20/2009 Subgrafltaa Copy OREGON MILITARY DEPARTMENT OFFICE OF EMERGENCY MANAGEMENT EMERGENCY OPERATIONS CENTER GRANT PROGRAM CFDA # 97.001 GRANT AWARD CONDITIONS AND CERTIFICATIONS PROGRAM NAME: SUBGRANTEE: ADDRESS: PROGRAM CONTACT: FISCAL CONTACT: DC 911 EOC Project GRANT NO: # 08 -075 Deschutes County 9 -1 -1 Service District FY 2008 AWARD: 63333 Highway 20 #911 Bend, OR 97701 Shawn Pray shawnp @deschutes.org Same AWARD PERIOD: TELEPHONE: FAX: TELEPHONE: $899,422 7/1/2009 thni3 /31/2011 (541) 388 -0185 x 2313 (541) 380 -5767 Same REVENUE Federal Grant Funds Match Funds EXPENDITURES Equipment Other Authorized Equipment Physical Security Enhancement BUDGET $899,422 $299,808 TOTAL REVENUE: $1,199,230 $240,250 $129,360 $829,620 TOTAL EXPENDITURES: $1,199,230 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 tie Subgrantee. No waiver, consent, modification or change of terms of this agreement shall be binding unless agreed to in writiig and signed by both the Subgrantee and OEM. Such waiver, consent, modification or change, if made, shall be effective only in t to specific instance and for the specific purpose given. There are no understandings, agreements, or representations, oral or writte a, not specified herein regarding this agreement. The Subgrantee, by signature of its authorized representative, hereby acknowled€ s that he /she has read this agreement, understands it, and agrees to be bound by its terms and conditions (including all referent es to other documents). Failure to comply with this agreement and with applicable state and federal rules and guidelines may result Ln the withholding of reimbursement, the termination or s • ; al of future grants, and /or damages -o OEM. 2008 EOCGP — OEM# 08 -075 LEGAL COUNSEL Page 1 — Deschutes County 9- -1 TERMS AND CONDITIONS I. Conditions of Award A. The Fiscal Year 2008 Emergency Operations Center (EOC) Grant Program is authorized under the Robert T Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), 42 U.S.C. §5 5121 -5208. The recipient agrees to comply with all conditions placed upon funds provided through the Stafford Act. B. 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 modi y 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. C. 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 )f service providers, and overall project direction. D. The Subgrantee agrees that all publications created with funding under this grant shall prominently contain th 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 assessmen1 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 small, minority, women -owned or disadvantaged business concerns and contractors or subcontractors to the extent practicable. G. By accepting FY 2008 funds, the Subgrantee certifies that it has met NIMS compliance activities outlined in tl ie 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 /nim s /. 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, ani 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 and 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 and Local Governments) and 2 CFR Part 215 (Institutions of Higher Education, Hospitals, and Othei 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 - Profit Organizations. 2008 EOCGP — OEM11 08-075 Page 2— Deschutes County 9- -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 years 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 an pertinent books, documents, papers, or other records of Subgrantee and any contractors or subcontractors 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 the 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. If 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 unallowable. 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 o the grant. I. Procurement Standards. 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. Interagency 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 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. 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 (RFI') 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. 4. To the extent that the Subgrantee uses contractors or subcontractors, such Subgrantees shall use small . minority, women -owned or disadvantaged business concerns and contractors or subcontractors to the extent practicable. 2008 EOCGP — OEM# 08 -075 Page 3 — Deschutes County 9- -I 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 in part with grant funds, until disposition takes place, will, at a minimum, meet the following requirement,: 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. 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 3f 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. 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". 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 the ft 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 used 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 pass 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 the awarding agency. Title to all property/equipment and supplies purchased with funds made available under the Department of Homeland Security - Emergency Operations Center Grant Program (EOCGP) 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 Emergency Operations Center Grant Program. K. Funding. 1. Matching Funds. The Subgrantee must meet a 75 percent Federal and 25 percent grantee cost share cash- or in -kind match requirement. Unless otherwise authorized by law, Federal funds cannot be matched with other Federal funds. In accordance with Federal guidelines and DHS Office of General Counsel rulings. FEMA administers cost sharing requirements in accordance with 44 CFR 13.24, whicli is located at http: / /www. access. gpo. gov / nara/ cfr /waisidx_07 /44cfrvl_07.html. 2008 EOCGP — OEM# 08 -075 Page 4 — Deschutes County 9- -1 2. Allowable Costs. The Subgrantee agrees that all allocations and use of funds under this grant will be in accordance with the Fiscal Year 2008 Emergency Operations Center (EOC) Grant Program Guidance and Application Kit. The Subgrantee may only fund Investments that were included in the FY 2008 Investment Justification that was submitted to OEM and evaluated through the state /national review process. 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 Emergency Operations Center Grant Program (EOCGP) 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. Progress Reports, and Biannual Strategy Implementation Reports (BSIR). The Subgrantee agrees to submit two types of semi- annual reports on its progress in meeting each of ii s agreed upon goals and objectives. One is a narrative progress report that addresses specific information regarding the activities carried out under the FY 2008 Emergency Operations Center Grant Program and how they address identified project specific goals and objectives. The second is a set of web - based 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, 2010; July 15, 2010; January 14, 2011; and July 15, 2011. or whenever Requests for Reimbursement are submitted, whichever comes first. Narrative reports may be submitted with reimbursements, or included in the "Project Notes" section of the BSIR. Any progress report or Biannual Strategy Implementation Report that is outstanding for more 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 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 quarterly but no less frequently than semi - annually during the term of the grant agreement. At a minimum, RFRs must be received no later than January 29, 2010; July 30, 2010; January 31, 2011; and April 30, 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 the person who traveled, the purpose of the travel, the times, dates, and places of travel, and the actual 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 July 1, 2009 or after March 31, 2011. 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 the Federal Claims Collection Standards and OMB Circular A -129. 2008 EOCGP— OEM# 08 -075 Page 5 — Deschutes County 9- -1 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 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 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 indemnif 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. 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. N. Copyright and Patents. 1. Copyright. If this agreement or any program funded by this agreement results in a copyright, OEM an 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 wor 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 guidelines. 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 the State of Oregon) and 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. Subgrantee, by execution of this agreement, hereby consents to the In Personam Jurisdiction of said courts. 2008 EOCGP — OEM# 08 -075 Page 6 — Deschutes County 9- -1 Q. 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 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. R. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of OEM, Subgrantee, 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 this Agreement: Section I.H (Administrative Requirements, Retention and Access to Records, and Audits); Sectiol 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 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. 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 entity ,)f the other by reason of this Agreement. II. 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. 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.htm1). The restrictions on lobbying are enforceable via large civil penalties, with civil fines between $10,000 and $100,000 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 an y 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 of Higher Educations, Hospitals, and Other Non - Profit Organizations; and the U.S. Department of Homeland Security's Financial Management Guide. 2008 EOCGP — OEM# 08 -075 Page 7 — Deschutes County 9- -1 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 in federally- assisted programs (FEMA reg. 5); 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. The Freedom of Information Act (FOIA), 5. U.S.C. 5552 with consideration of State and local laws an 1 regulations regarding the release of information and regulations governing Sensitive Security Information (49 CFR Part 1520). 6. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91 -646). 7. Section 102(a) of the Flood Disaster Protection Act of 1973, P.L. 93 -234, 87 Stat.97, approved December 31, 1976. 8. 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.). 9. National Energy Conservation Policy and Energy Act ( NECPEA). None of the funds made available through this program shall be used in contravention of the Federal buildings performance and reportirig requirements of Executive Order No. 13123, part 3 of title V of the NECPEA (42 USC 8251 et. Seq.), or subtitle A of title I of the Energy Policy Act of 2005 (including the amendments made thereby) and /or section 303 of the Energy Policy Act of 1992 (42 USC13212). 10. Flood Disaster Protection Act of 1973, 42 USC 4001 et seq. 11. National Environmental Policy Act of 1969, 42 USC 4321 et seq. and /or Endangered Species Act of 1973, 16 USC 1531 et seq.; Federal Water Pollution Control Act of 1948, as amended, 33 USC 1251 el seq., Clean Air Act, 42 USC 7401 et seq., Clean Water Act, 33 USC 1368 et seq., Safe Drinking Water Act of 1974, 42 USC 300f et seq., Wild and Scenic Rivers Act of 1968, as amended, 16 USC 1271 et se4. 12. Historical and Archaeological Data Preservation Act of 1960, as amended, 16 USC 469 et seq. 13. Coastal Zone Management Act of 1972, 16 USC 1451 et seq. 14. Coastal Barrier Resources Act of 1982, 16 USC 3501 et seq. 15. Indian Self- Determination Act, 25 USC 450f. 16. Hatch Political Activity Act of 1940, as amended, 5 USC 1501 et seq. 17. Animal Welfare Act of 1970, 7 USC 2131 et seq. 18. Demonstration Cities and Metropolitan Development Act of 1966, 42 USC 3301 et seq. 19. Federal Fair Labor Standards Act of 1938 (as appropriate), as amended, 29 USC 201 et seq. 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 employmen* 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. Title II of the Americans with Disabilities Act (ADA) of 1990, e. Title IX of the Education Amendments of 1972; 2008 EOCGP — OEM# 08 -075 Page 8 — Deschutes County 9- -1 f. The Age Discrimination Act of 1975; g. The Department of Homeland Security Nondiscrimination Regulations 44 CFR Part 7; and h. The Department of Homeland Security Non - Discrimination /Equal Employment Opportunity Policies and Procedures in federally- assisted programs (FEMA reg. 5). 2. The Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA) is committed to serving all individuals equally. This commitment extends to individuals with disabilities. FEMA must provide access to Agency programs and activities equal to the access provided to non - disabled persons. Additional information can be referenced at: http: / /www.fema.gov/ oer/ reference/ fema_policy. shtm E. Civil Rights Compliance. All recipients of federal grant funds are required, and Subgrantee agrees, to comply with nondiscrimination requirements of Title VI of the Civil Rights Act, of 1964, as amended, 42 U.S.C. 4 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) (prohibiting 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 the Americans with Disabilities Act of 1990, 42 U.S.C. 4 12131 (prohibiting discrimination in services, programs, and activities on the basis of disability); The Age Discrimination Act of 1975, 42 U.S.C. 4 6101 -07 (prohibiting discrimination in programs and activities on the basis of age); and Title IX of the Education Amendments of 1972, 20 U.S.0 § 1681 et seq. (prohibiting discrimination in educational programs or activities on the basis of gender). F. Equal Employment Opportunity Program. Title VI of the Civil Rights Act of 1964, as amended, 42. U.S.C. 2000 et. 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 federa'. 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 compliant e 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 and in conducting tha•ir programs and activities. Reasonable costs associated with providing meaningful access for LEP individuals an. considered allowable program costs. For additional information, please see http: / /www.lep.gov. 2008 EOCGP — OEM# 08 -075 Page 9 — Deschutes County 9- -I H. 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 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 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. 2. 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. I. Certification Regarding Drug Free Workplace Requirements. Subgrantee certifies that it will provide a drug -fr,.e 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; and b. Take actions concerning employees who are convicted of violating drug statutes in the workplace. 2. Second, you must identify all known workplaces under your Federal awards. Additional information can be referenced at: http: / /www.access.gpo.gov/nara/ cfr /waisidx_07 /44cfrvl _07.html http: / /www.access.gpo.gov /nara /cfr /waisidx_00 /44cfrvl _00.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 Emergency Operations Center Grant Program (EOCGP) recipient for any of the following reasons: A. Failure to comply substantially with the requirements or statutory objectives of the State Emergency Operations Center Grant Program (EOCGP) 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. Befo e imposing sanctions, the Office of Emergency Management will provide reasonable notice to the Subgrantee c f its intent to impose sanctions and will attempt to resolve the problem informally. 2008 EOCGP —OEM# 08 -075 Page 10— Deschutes County 9- -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 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 Subgrantee of this Agreement (a) have becn duly authorized by all necessary action of Subgrantee, (b) do not and will not violate any provision of ally applicable law, rule, or regulation or order of any court, regulatory commission, board or other administrative agency or any provision of 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 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, a•iy governmental body or regulatory or supervisory authority is required for the execution, delivery or performance 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 Signature of Authorized Fiscal Representative of Subgrantee Agency Date Name /Title 2008 EOCGP — OEM# 08 -075 Page 11 — Deschutes County 9- -1