Washington County - BCC 06-1184 Grant Award Urban Areas Security Initiative AMENDMENT
This is the second amendment to an existing intergovernmental agreement.(IGA)between
Washington County, Oregon(County) and the City of Tigard, Oregon(City) for the coordination
of activities related to the purchase,of equipment, supplies, professional services, and training
being funded by the United States Department of Homeland Security's Urban Areas.Security
Initiative(UASI) grant program. A copy of the original IGA, identified as BCC #04-1266, and
the previous amendment, identified as BCC #05-1094, are attached.
Back2round
Washington County entered into an agreement with the City on March 9, 2005 for management
of FY-03 and FY-04 UASI grant funds awarded to the City. The agreement committed the
County to coordinate grant-related procurement, reimbursement and reporting activities with the
City and obligated the City to comply with the terms of the FY-03 and FY-04 grant contracts and
with the grant procurement and reimbursement processes. The County's agreement with the City
was amended on November 10, 2005 following award of a FY-05 UASI grant to the Portland
Urban Area. That amendment extended the initial agreement, committed both parties to
compliance with the FY-05 grant contract and conditions, and continued the relationships and
obligations contained in the initial agreement.
The County's agreement with the City, as amended,is open-ended and remains in effect until the
mutual covenants expressed in the agreement have been fully satisfied or until it is terminated
due to the failure of one of the parties.
Since adoption and amendment of the initial agreement,the Portland Urban Area has been
awarded a FY-06 UASI grant totaling$8,240,000 and the adopted grant program budget includes
funding for the City. With one exception, the FY-06 UASI grant contract is similar to those for
the FY-03, 04, and 05 grants and the procurement and reimbursement procedures remain
unchanged. The major exception in the FY-06 grant contract is a requirement that all agencies
directly benefiting from UASI grant funds must certify their compliance with the FY-06
implementation requirements of the National Incident Management System (NIMS).
Both parties to the earlier agreement, as amended, desire to continue the relationships and
obligations contained in that agreement, while acknowledging and committing themselves to
compliance with the FY-06 UASI grant contract and conditions.
Agreement
1. The County agrees:
To continue coordination of grant-related procurement,reimbursement, and reporting
activities with the City consistent with the processes developed to manage those activities
and with the City's prior UASI grant agreement with the County.
2. The City agrees:
a) That it has read the award conditions and certifications for the FY-06 UASI grant,
that it understands and accepts those conditions and certifications, and that it
agrees to comply with all the obligations and be bound by any limitations
applicable to the grantee under that grant document; and
b) To continue compliance with the purchasing and reimbursement processes
required by the grants,the City's prior UASI grant agreement with the County,
and the grant administrator; and
C) To continue compliance with all other obligations contained in the City's prior
UASI grant agreement with the County.
3. The parties agree to incorporate by this reference the entire FY-06 UASI grant into this
amended IGA, with the specific intent that the City will be obligated to adhere to the FY-
06 UASI grant terms, obligations and conditions to the same extent and under the exact
same conditions agreed to for the FY-03, 04, and 05 UASI grants.
4. This amendment shall be effective upon final signature of the parties, and shall continue
in effect until all mutual covenants expressed in the original agreement, as previously
amended, and this amendment have been fully satisfied or until the agreement, as
amended, is terminated due to the failure of one of the parties hereto to perform. All
other provisions of the,*11r "eement shall remain in effect.
BOARD OF COMMISSIONERS
MINUTE ORDER
Washington County -
DATE
�a DEC 0 6 2006
CLERK OF a ht:A
Dave Maertens
APPROVED AS TO FORM
i"'� Date
Attorney
City of Tigard
Date
APPROVED AS TO FORM - -- - - -- - - - -
Pei/ M i L ; Dka.- .ed
Date
Attorney �fiAr►I sr�. f_
G XL, Y►d"lh-eq.u,tred.
Ch0A de
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AMENDMENT
This is an amendment to an existing intergovernmental agreement (IGA)between
Washington County, Oregon(County) and the City of Tigard, Oregon(City) for the
coordination of activities related to the purchase of equipment, supplies,professional
services, and training being funded by the United States Department of Homeland
Security's Urban Area Security Initiative(UASI) grant program. A copy of the original
IGA, identified as BCC #04-1266 is attached.
Background
Washington County entered into an agreement with the City on March 9, 2005 for
management of FY-03 and FY-04 UASI grant funds awarded to the City. The agreement
committed the County to coordinate grant-related procurement, reimbursement and
reporting activities with the City and obligated the City to comply with the terms of the
FY-03 and FY-04 grant contracts and with the grant procurement.and reimbursement
processes. The County's agreement with the City is open-ended and remains in effect
until the mutual covenants expressed in the agreement have been fully satisfied or until it
is terminated due to the failure of one of the parties.
Since adoption of the earlier agreement, the Portland Urban Area has been awarded a FY-
05 UASI grant totaling$10,391,037 and the adopted grant program budget includes
funding for the City. The FY-05 UASI grant contract is substantially similar to those for
the FY-03 and FY-04 grants and the procurement and reimbursement procedures remain
unchanged.
Both parties to the earlier agreement desire to continue the relationships and obligations
contained in that agreement,while acknowledging and committing themselves to
compliance with the FY-05 UASI grant contract and conditions.
Agreement
1. The County agrees:
To continue coordination of grant-related.procurement, reimbursement, and
reporting activities with the City consistent with the processes developed to
manage those activities and with the City's prior UASI grant agreement with the
County.
2. The City agrees:
a) That it has read the award conditions and certifications for the FY-05
UASI grant, that it understands and accepts those conditions and
certifications, and that it agrees to comply with all the obligations and be
bound by any limitations applicable to the grantee under that grant
document; and
b) To continue compliance with the purchasing and reimbursement processes
requiredl by the grants, the City's prior UASI grant agreement with the
County,and the grant administrator; and
C) To continue compliance with all other obligations contained in the City's
prior UASI grant agreement with the County.
3. The parties agree to incorporate by this reference the entire FY-05 UASI grant
into this amended IGA,with the specific intent that the city will be obligated to
adhere to the FY-05 UASI grant terms, obligations and conditions to the same
extent and under the exact same conditions agreed to for the FY-03 and FY-04
UASI grants.
4. This amendment shall be effective upon final signature of the parties, and shall
continue in effect until all mutual covenants expressed in the original agreement
and this amendment have been fully satisfied or until the agreement, as amended,
is terminated due to the failure of one of the parties hereto to perform. All other
provisions of the original intergovernmental agreement shall remain in effect.
Washington County
0W.— Date OCT 18:2005
APPROVED AS TO FORM
f,G?, rvk Date o&7 S, 24"S^
Attorney
City of Tigard
Date L�
APPROVED AS TO FORM
VkDate -2
APPROVED WASHINGTON COUNTY
BOARD OF COMMISSIONERS
MINUTE ORDER N ....O. " UP(0
DATE
CLERK OF THE ARD
OREGON OFFICE OF HOMELAND SECURITY'
CRIMINAL JUSTICE SERVICES DIVISION
URBAN AREAS SECURITY INITIATIVE - CFDA # 97.008
GRANT AWARD CONDITIONS AND CERTIFICATIONS
PROGRAM NAME: Portland Urban Area FY06 UASI Grant GRANT NO: #06-071,
GRANTEE: City.of Portland FY 2006 AWARD: $8,240,000
ADDRESS: Portland Office of Emergency AWARD PERIOD: 9/1/06 thtu6/30/08
Management (POEM)
1001 SW Fifth Avenue, Suite 650
Portland, OR 97204
PROGRAM CONTACT: Shawn Graff TELEPHONE: (503) 823-2691
shawn.graffikci.portland.or.us FAX: (503) 823-3903
FISCAL CONTACT: Sarah Liggett TELEPHONE: (503) 823-2055
BUDGET
REVENUE
Federal Grant Funds $8,240,000
TOTAL REVENUE: $8,240,000
EXPENDITURES
Equipment
CBRNE Incident Response Vehicle $1,091,000
CBRNE Operational and Search and Rescue $300,000
Information Technology $32,000
Interoperable Communications $1,146,067
Medical Supplies - MCI/POD $13,800
Other Equipment $60,000
Physical Security Enhancement $200,000
Power Equipment $10,920
Exercises $1,500,000
Planning $2,834,213
Training $640,000
Administration $412,000
TOTAL EXPENDITURES: $8,240,000
This document along with the terms and conditions and.grant application attached hereto and any other document referenced
constitutes an agreement between the Criminal Justice Services Division(CJSD)of the Oregon Office of Homeland Security and
the Grantee.. No waiver,consent,modification or change of terms of this agreement shall be binding.unless agreed to in writing
and signed by both the Grantee and CJSD. Such waiver,consent,modification or change,if made,-shall be effective only 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 Grantee, 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
CJSD.
Page I—City of Portland
TERMS AND CONDITIONS
I. CONDITIONS OF AWARD
A. The Grantee agrees to operate the program as described in the application and to expend funds in accordance
with theapproved budget unless the Grantee receives prior written approval by CJSD to modify the program
or budget. CJSD may withhold funds for any expenditure,not within the approved.budget or in excess of
amounts approved'by CJSD. Failure of the Grantee 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. The Grantee agrees that all publications created with funding under this grant shall prominently contain the
following statement:"This document was prepared under a grant from the Office of Grants and Training,
United States 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 the Office of Grants
and Training or the U.S.Department of Homeland Security:"
C. The Grantee agrees that,when practicable,any equipment purchased with grant funding shall be prominently
marked as follows:"Purchased with funds provided by the U.S.Department of Homeland Security."
D. By accepting FY 2006 funds,the Grantee certifies that it has met NIMS compliance activities outlined in the
NIMS Implementation Matrix'for'State,Tribal,or Local Jurisdictions or will meet these requirements by
September 30,2006. The NIMS Implementation Matrix is available in Appendix G of the FY 2006 Homeland
Security Grant Program Guidance and Application Kit at:
lir.t.p://ww,\%,.oqp.tj,,,d(.)i.gov/odl)/docs/ty,20 06 hsgp.lxl f
E. Maintenance Retention and Access to Records,Audits.
1. Maintenance and Retention of Records.The Grantee agrees to maintain accounting and financial
records in accordance with Generally Accepted Accounting Principles(GAAP)and the standards of the
Office of Grants and Training,Office of Grant Operations(OGO)set forth in the January 2006
Financial Management Guide,including without limitation in accordance with Office of Management
and Budget(Oh4B)Circulars A-87,A-102,A-122,A-128,A-133.All financial records,supporting
documents,statistical records and all other records pertinent to this grant or agreements under this grant
shall be retained by the Grantee for a minimum of five years for purposes of State of Oregon or Federal
examination and audit.It is the responsibility of the Grantee to.obtain a copy of the OGO Financial
Management Guide from the Office of Grants and Training and apprise itself of all rules and regulations
set forth. A copy is available at:
littp://,w-%-,rw.dlis.gov/uiterweb/asserhl)r,,in.-/Grants Financial.ManagementGuide pdf
2. Retention of Equipment Records. Records for equipment shall be retained for a period of three years
from the date of the disposition or replacement or transfer at the discretion of the awarding agency.
Title to all equipment and supplies purchased with funds made available under the State Homeland
Security Grant Program(SHSGP)shall vest in the Grantee agency that purchased the property,if it
provides written certification to CJSD that it will use the property for purposes consistent with the
Homeland Security Grant Program.
3. Access to Records.CJSD,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
any.pertinent books,documents,papers,or other records of Grantee and'any contractors or;
subcontractors of Grantee,which are pertinent to.the;grant,in order to make audits,examinations,
excerpts,and transcripts. The right of access is noulimited to the required'retention period but shall last
as long as the records ate retained:
Page 2-City of Portland
4. Audits. If Grantee expeni*$500,000 or more in Federal funds(from all sources)in its fiscal year,
Grantee 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 CJSD within 30 days of completion. If
Grantee expends less than$500,000 in its fiscal year in Federal funds,Grantee is exempt fromFederal
audit requirements for that year. Records must be available for review or audit by appropriate officials
as provided in Section I.E.1 herein.
5. Audit Costs: Audit costs for audits not required:in accordance with OMB Circular A-133 are
unallowable. If Grantee 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.
F. Fun °dine.
1. Matching Funds. This Grant does not require matching funds.
2. Supplanting_The Grantee 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 Grantee to fund programs consistent with Homeland Security Grant Program
guidelines:
G. Reports. Failure of the Grantee 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 Initial Strategy Implementation Plan aSIP) and Biannual Strategy Implementation
Report(BSIR). The Grantee agrees to submit two types of semi-annual reports on its progress in
meeting each of its agreed upon goals and objectives. One is a narrative progress report that addresses
specific information regarding the activities carried out under the FY 2006 Homeland Security Grant .
Program and how they address identified,project specific goals and objectives. Progress reports are due
January 15,2007;July 16,2007;January 15,2008;and July 15,2008 or whenever Requests for
Reimbursement are submitted,whichever comes first. Narrative reports may be submitted
separately or included in the"Project Notes"section of the BSIR.
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. The firstreport,the Initial Strategy Implementation Plan(ISIP),is due by August 29,2006
and will be completed by the Criminal Justice Services Division.
Biannual Strategy Implementation Reports(BSIR)must be received no later than January 15,2007;
July 16,2007;January 15,2008;and July 15,2008. A final BSIR will be due 90 days after the grant
award period. .
Examples of information to be captured in the ISIP and BSIR include:
• Total dollar amount received from each funding source(e.g.,Law Enforcement Terrorism
Prevention Program,State Homeland Security Program,Citizen Corps).
■ Projects(s)to be accomplished with funds provided during the grant award period.
■ State or Urban Area Homeland Security Strategy goal or objective supported by the,project(s).
• Amount of funding:designated for each discipline from each grant funding source:
• Solution area which expenditures will be made and the amount that will be expended under each
solution area from each grant funding source.
■ Metric-and or narrative discussion indicating:project progress/success.
Any progress report,Initial Strategy Implementation Plani or Biannual.Strategy
Implementation Report that is outstanding for more than one month past the due date may
cause the suspension and/or terminationof the.grant. Grantee must receive prior written approval
from CJSD to extend a progress report requirement past its due date.
Page 3-City of Portland
2. Financial Reimbursement Reports,
a: In order to receive reimbursement,the Grantee agrees to submit a signed Request for
Reimbursement(RFR)which includes supporting documentation for all grant expenditures.
RFRs may besubmitted 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 31,2007;July 31,
2007;January 31,2008;and July 31,2008.
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
Grantee agrees that no grant funds may be used for expenses incurred before September 1,2006
or after June 30,2008.
d. Grantee 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. CJSD 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. Procurement Standards
a. Grantees shall follow the same policies and procedures it uses for procurement from its non-
Federal funds. Grantees shall use their;own procurement procedures and regulations,provided that
the procurement conforms to applicable'Federal and State law and standards.
b. All procurement transactions,whether negotiated or competitively bid and without regard to dollar
value,shall be conducted in a manner sous to provide maximum open and free competition.All
sole-source procurements in excess of$100,000 must receive prior written approval from the
Criminal Justice Services Division.Interagency agreements between units of government are
excluded from this provision.
c. The Grantee 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 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 the Criminal Justice Services Division.
d. All non-state procurement transactions shall be conducted imsuch:a manner that provides,to the
maximum extent practical,open and.free competition.However,should a recipient elect to award a
contract without competition,sole source justification may be necessary_Justificationmust be
provided for non-competitive procurement 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.Grantees may not proceed with a sole source
procurement without prior written approval from the Criminal Justice Services Division.
4. Audit Reports. Grantee shall provide CJSD copies of all audit reports pertaining to this Grant
Agreement obtained by Grantee,whether or not the audit is required by OMB Circular A-133.
Page 4—City of Portland
H. Indemnification. The Grantee 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 and CJSD,their officers;
employees,agents,and members from all claims,suits and actions of whatsoever nature resulting from or
arising out of the activities.of Grantee,its officers,employees,subcontractors,or agents under this grant.
Grantee shall-require any of its contractors or subcontractors to.defend,save,hold harmless and indemnify the
State of Oregon,Criminal Justice Services Division,and the Oregon Office of Homeland Security,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.
Grantee 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,Criminal Justice Services Division,and the
Oregon Office of Homeland Security 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.
I. Copyright and Patents.
1. Coote yright. If this agreement or any program funded by this agreement results in a copyright,the CJSD
and the U.S.Department of Homeland Security reserve a royalty-ftee,nonexclusive and irrevocable
license to reproduce,publish or otherwise use,and to 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 Grantee,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 Grantee or any of its contractors or
subcontractors shall immediately notify CJSD. The CJSD will provide the Grantee with further
instruction on whether protection on the item will be sought and how the rights in the item will be
allocated and administered in order to protect the public interest,in accordance with federal guidelines.
J. No Implied Waiver.Cumulative Remedies: The failure of Grantor 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.
K. 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 Grantor(and/or any other agency or department of
the State of Oregon)and Grantee 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. Grantee,By Execution Of This Agreement,Hereby
Consents To The In Personam Jurisdiction Of Said Courts.
L. 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 Grantee or Grantor at the address or number set forth
on page 1 of this Agreement,or to such other addresses or numbers as either parry 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. '
M. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of Grantor,Grantee,
and their respective successors and assigns,except that Grantee may not assign or transfer its rights or
obligations hereunder or any interest herein without the prior consent in writing of Grantor.
Page 5-City of Portland
N. Survival. All'provisions of this Agreement set forth in the following sections shall survive termination of this
Agreement:Section LC'(Maintenance,Retention and Access to Records;Audits);Section LE(Reports);and
Section I,F(indemnification).
O. Sever_rbility. 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 termor provision held to be invalid.
P. 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.
II. Grantee Compliance and Certifications
A. Debarment Suspension Ineligiby and Voluntary Exclusion.The Grantee 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. (Phis
certification is required by regulations published May 26,1988,implementing Executive Order 12549,
Debarment and Suspension,28 CFR Part 69 and 28 CFR Part 67.)
B. Standard Assurances and Certifications Regarding Lobbying.The Anti-Lobbying Act, 18 U.S.C.§1913,was
amended to expand significantly the restriction on use of appropriated funding for lobbying.This expansion
also makes the anti-lobbying restrictions enforceable via large civil penalties,with civil fines between$10,000
and$100,000 per each individual occurrence of lobbying activity.These restrictions are in addition to the anti-
lobbying and lobbying disclosure restrictions imposed by 31 U.S.C.§ 1352.The Office of Management,and
Budget(OMB)is currently in the process of amending the OMB cost circulars and the common rule(codified
at 28 C.F.R.part 69 for DOJ grantees)to reflect these modifications.However,in the interest of full disclosure,
all applicants must understand that no federally-appropriated funding made available under this grant program
may be used,either directly or indirectly,to support the enactment,repeal,modification or adoption of any law,
regulation,or policy,at any level of government,without the express approval of the U.S.Department of
Justice.Any violation of this prohibition is subject to a minimum$10,000 fine for each occurrence.This
prohibition applies to all activity,even if currently allowed within the parameters of the existing OMB circulars.
C. Compliance with Applicable Law. The Grantee agrees to comply with all applicable laws,regulations,and
guidelines of the State of Oregon,the Federal Government and CJSD in the performance of this agreement,
including but not limited to:
1. The provisions of 28 CFR applicable to grants and cooperative,agreements including Part 18,
Administrative Review Procedure;Part 20,Criminal Justice Information Systems;Part 22,
Confidentiality of Identifiable Research and Statistical Information;Part 23,Criminal Intelligence
Operating Policies;Part 30,Intergovernmental Review of Department of Justice Programs and
Activities;Part 42,Non-Discrimination/Equal Employment Opportunity Policies and Procedures;Part
61,Procedures for Implementing the National Environmental Policy Act;Part 63,Floodplain
Management and Wetland Protection Procedures,and Federal laws or regulations applicable to Federal
assistance programs.
2. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970(P.L.91-646).
3. Section 102(a)of the Flood Disaster Protection Act of 1973,P.L.93-234,87 Stat.97,approved
December 31,1976.
4. 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.)
5. National Environmental Policy Act of 1969,42 USC 4321 et seq.
6. Flood Disaster Protection Act of 1973,42 USC 4001 et seq.
7. Clean Air Act,42 USC 7401 et seq.
8. Clean Water Act,33 USC 1368 et seq.
9. Federal Water Pollution Control Act of 1948,as amended,33 USC 1251 et seq.
10. Safe Drinking Water Act of 1974,42 USC 300E et seq.
Page 6-City of Portland
11. Endangered Species Act of 1973,16 USC 1531 et seq.
12. Wild-and Scenic Rivers Act of 1968,as amended,16 USC 1271 et seq.
13. Historical and Archaeological Data Preservation Act of 1960,as amended,16 USC 469 et seq.
14. Coastal Zone Management Act of 1972, 16 USC 1451 et seq.
15. Coastal Barrier Resources Act of 1982,16 USC 3501 et seq.
16. IndianSelf-Determination Act,25 USC 450E
17. Hatch Political Activity Act of 1940,as-amended,5 USC 1501 et seq.
18. Animal Welfare Act of 1970,7 USC 2131 et seq.
19. Demonstration Cities and Metropolitan Development Act of 1966,42 USC 3301 et seq.
20. Federal Fair Labor Standards Act of 1938(as appropriate),as amended,29 USC 201 et seq.
D. Certification of Non=discrimination:
1. The Grantee,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 Grantee,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;
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 Grantee or any of its contractors or subcontractors,the Grantee or any of its
contractors or subcontractors Will forward a copy of the finding to the Criminal Justice Services
Division(CJSD). CJSD will forward a copy of the finding to.the Office for Civil Rights,Office of
Justice Programs.
E. Civil Rights Compliance. All recipients of federal grant funds are required,and Grantee agrees,to comply 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)(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 Il of the
Americans with Disabilities Act of 1990,42 U.S.C.§ 12131(prohibiting discrimination in services,programs,
and activities on the basis of disability);The Age Discrimination Act of 1975,42 U.S.C.§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).
Page 7—City of Portland
16
F. Equal Employment Opportunity Program. If the Grantee,or any of its contractors or subcontractors,has 50
or more employees,is receiving more than$25;000 pursuant to this agreement,and has a service population
with a-minority representation of three percent or more,the Grantee,or any of its contractors or
subcontractors,agrees to formulate,implement and maintain:an equal employment opportunity program
relating to employment practices affecting minority persons and women. If the Grantee,or any of its
contractors or subcontractors,.has 50 or more employees,is receiving more than$25;000 pursuant to this
agreement,,and has.a.service population with a:minority representation of less than three percent,the Grantee
or any of its,contractors or subcontractors,,agrees to formulate,implement and'maintain an equal employment
opportunity program relating to,its practices:affecting women. The Grantee,and;any of its+contractors and
subcontractors,certifies that an equal employment opportunity program as required by this section will be in
effect,onor before the effective date.of this agreement. Any Grantee,and'any of its contractors or
subcontractors,receiving more than$500,000,either through this agreement or in aggregate grant funds in any
fiscal year,shall in addition submit a,copyof its equal employment opportunity plan at the same time as the
application-submission,with the understanding that the application for funds may not be awarded prior to
approval of the Grantee's,or any of its contractors or subcontractors,equal employment opportunity program
by the Office for Civil Rights,Office of Justice Programs.
If required to formulate an Equal Employment Opportunity Program(EEOP),the Grantee must maintain a
current copy on file which meets the applicable requirements.
G. Services to Limited English Proficient(LEP)Persons Recipients of ODP financial assistance 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.Grantees,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 their programs and activities.Reasonable costs associated with providing meaningful access
for LEP individuals are considered allowable program costs.For additional information,please see
H. NationalEnvironmental Policy Act(NEPA)•Special Condition for U.S.Department of Justice Grant
Programs.
1. Prior to obligating grant funds,Grantee agrees to first determine if any of the following activities will be
related to the use of the,grant funds.Grantee understands that this specialcondition applies to its
following new activities whether or not they are being specifically funded with these grant funds. That
is,as long as the activity is being conducted by the Grantee,a contractor,subcontractor or any third
party and the activity needs to be undertaken in order to use these grant funds,this special condition
must first be met. The activities covered by this special condition are:
a. new construction;
b. minor renovation or remodeling of a property either (a) fisted on or eligible for listing on the
National Register of Historic Places or(b)located within a 100-year floodplain;
c. a renovation,lease,or any other proposed use of a building or facility that will either(a) result in a
change in its basic prior use or(b)significantly change its size;and
d. implementation of a new program involving the use of chemicals other than chemicals that are (a)
purchased as an incidental component of a funded activity and (b) traditionally used, for example,
in office,household,recreational,or educational environments.
2. Application of This Special Condition to Grantee's Existing Programs or Activities:For any of the
Grantee's or its contractors'or subcontractors'existing,programs or activities that will be funded by
these grant funds,the Grantee,upon specific request from the Office for Domestic Preparedness,
agrees to cooperate with the Office for Domestic Preparedness in any preparation by the Office for
Domestic Preparedness of a national or program environmental.assessment of that funded program or
activity.
Page 8-City of Portland
I. Certification Regarding Drug Free Workplace Requirements. Grantee certifies that it will provide a drug-free
workplace by:
1. Publishing a statement notifying employees that the,unlawful manufacture,distribution;dispensing,
possession or:use of a controlled substance is;prohibited in the Grantee's workplace and specifying the
actions that will be against employees for violation.of such prohibition;.
2. Establishing a drug-flee awareness program to inform employees about:
a. The dangers of drug abuse in the workplace;
b. The Grantee's policy of maintaining.a drug-free workplace;
c. Any availableArug counseling,rehabilitation,and employee assistance programs;and
d. The penalties that may be imposed upon employees for drug abuse violations occurring in the
workplace.
3. Requiring that each employee engaged in the performance of the grant be given a copy of the
employer's statement required by paragraph(a).
4. Notifying the employee that,as a condition of employment under the award,the employee will:
a. Abide by the terms of the statement;and
b. Notify the employer of any criminal drug statute conviction for a violation occurring in the
workplace not later that five.days after such conviction.
5. Notifying the Grantee within ten days after receiving notice from an employee or otherwise receiving
actual notice of such conviction.
G. Taking one of the following actions,within 30 days of receiving notice,with respect to any employee
who is so convicted:
a. Taking appropriate personnel action against such an employee,up to and including termination;or
b. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation
program approved for such purposes by federal, state, or local health, law enforcement, or other
appropriate agency.
7. Making-a good faith effort to continue to maintain a drug-free workplace.
III. Suspension or Termination of Funding
The Criminal Justice Services Division 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 Urban Area Security
Initiative 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 Criminal Justice Services Division will provide reasonable notice to the Grantee of its
intent to impose sanctions and will attempt to resolve the problem informally.
Page 9—City of Portland
10/30/08 MON 10:03 FAX 915033788993 CJSD 0002
w,
IV. Grantee.Repteeentations and Wartantier, ~
Grantee repmecnts and warrants to Grantot as follows:,
A. Existence and Power. Grantee is a political subdivision of die State of Oregon. Grantee has full powcc and
authority to transact the business in which it is engaged and full power,authority,and legal right to exectito and
deliver this Agmemcrrrand incur and perform its obligations httnunder.
B. dttthority.N-2LOntravcntion. The,making,and'pctformance by Grantee of this.Agreement(:t)have been duly
authorized,by all necessary action of Gtautee,.Vl)do not and will not violate any provision of any applicable
6w,rule,or zegtilaaion or order of any court, regulatory commission,board or other Administrative agency or
any provision of Grantees articles of incorporation othyl2wa and(c)do not and will not resuk irr the7'bmaelr
of„or contititute,a default or require any consent under any other agtccmcnt or instmuncnt to which Grantee is
a party or by which•Grantcc or any of improperties arc bound or affected.
C. h . This Agreement has been duly outhonxcd,executed and delivered on behalf of Grantee
and constitutes the legal,valid,,and.binding-pbligation of GrAritce,enforceable in accordance with its terms.
D. vals. rJo authorization;consent,license,approval of, filing or rtgistratlou with,or notification to, any
governmental:body or regulatory or supervisory authority is mquired for the execution,delivery or perfbrmagce
by Granter of this Agreement.
O . ZO � OCo
CL 0 -
Carmen Mcrlo.Director Date
Criminal justice Services Division
Oregon Office of Homeland Security
4760 Portland Road NE
Salem,OR 97:05
(503) 378_4145 ext 545
Signature of AuthovGrantee Official- Date
Tom Pottor, Mayor
Name/Title
04
S}gnature of Authgrized Fiscal Rep, n tivc of Grantee Agency Date
Page 10—City of Portland
INTERGOVERNMENTAL AGREEMENT
Between
WASHINGTON COUNTY, OREGON
and
THE CITY OF TIGARD,OREGON.
THIS IS an intergovernmental (IGA)between Washington County(County) and the city
of Tigard(Agency) entered into pursuant to the authority granted in ORS Chapter 190 for the
coordination of activities related to the purchase of equipment, supplies,professional services,
and training being funded by the United States Department of Homeland Security's Urban Area
Security Initiative(UASI) grant program.
Recitals
WHEREAS, the United States Department of Homeland Security, Office for Domestic
Preparedness, provided UASI grant funding in the amount of$6,764,956 in Fiscal Year 2003 and
$8,112,992 in Fiscal Year 2004 to the state of Oregon for distribution to the Portland, Oregon
Urban Area to address the area's unique equipment, training,planning, and exercise needs and to
assist the area in building an enhanced and sustainable capacity to prevent, respond to, and
recover from threats or acts of terrorism; and
WHEREAS, the state of Oregon awarded UASI Grant#03-071 to the city,of Portland,
Office of Emergency Management(POEM), as Grantee, for Fiscal Year 2003 in theamount of
$6,764,956, a copy of which is attached to this Agreement and incorporated herein as Exhibit A;
and
WHEREAS, the state of Oregon awarded UASI Grant#04-071 to the city of Portland,
Office of Emergency Management(POEM), as Grantee,for Fiscal Year 2004 in the amount of
$8,112,992, a copy of which is attached to this Agreement and incorporated herein as Exhibit B;
and
WHEREAS, UASI Grants#03-071 and#04-071 are intended to increase the ability of the
Portland, Oregon Urban Area,which includes jurisdictions in.:Multnomah, Clackamas, Columbia
and Washington counties in Oregon and Clark Countyin Washington,to prevent, respond to, and
recover from chemical,biological,radiological,nuclear and explosive(CBRNE) events; and
WHEREAS, after extensive, coordinated.discussions between state and urban area
officials, a list of equipment, supplies,professional services, and training to be purchased for or
by jurisdictions in the urban area has been developed; and
1
r
WHEREAS, the city of Portland, as Grant Administrator, is required to oversee and
coordinate the expenditure of the UASI grant funds and has developed procedures to guide the
procurement,delivery, and reimbursement processes; and
WHEREAS,the city of Portland, as Grant Administrator, is required to make periodic
reports to the state of Oregon regarding the expenditure of the UASI grant funds and has
developed procedures to coordinate the collection and submission of information and documents
needed to support the reporting process; and
WHEREAS, the city of Portland and all other urban area jurisdictions that receive direct
benefit from UASI grant purchases are required to comply with all terms of the UASI grants
including,but not limited to, obligations regarding access to records and supplanting of funds;
and
WHEREAS, the city of Portland entered into agreements with the urban area counties to
secure their commitment to follow the city-developed procurement, delivery,reimbursement, and
reporting procedures, to ensure their compliance with all terms of the UASI grants, and to
obligate them to coordinate with and obtain similar assurances from directly benefiting
jurisdictions within the respective counties; and
WHEREAS, the County entered into an agreement with the city of Portland on
September 1, 2004 and accepted responsibility for coordinating the UASI grant processes within
the County.
NOW, THEREFORE, the Parties agree as follows:
1. The County agrees:
To coordinate grant-related procurement,reimbursement, and reporting activities
with directly benefiting jurisdictions in the County consistent with the processes
developed by the city of Portland to manage those activities.
2. The Agency agrees:
a) That it has read the award conditions and certifications for grants#03-071 .
and#04-071, that it understands and accepts those conditions and
certifications, and that it agrees to comply with all the obligations, and be
bound by any limitations applicable to thel city of Portland, as grantee,
under those grant documents;
b) To comply withthe purchasing and reimbursement processes required by
the grants,-this.Agreement, and the city of Portland;
2
C) To appropriately use and conserve all UASI funded equipment, supplies
and/or materials provided for CBRNE incident prevention,preparedness,
response, and recovery;
d) That all equipment, supplies, and services provided by the city of Portland
to the Agency are as described in the approved grant budget documents,
which the,Agency has seen.
e} To treat all single items of equipment valued over$5,000 as fixed assets
and to provide the city of Portland with a list of such equipment showing
dates of purchase, equipment description, serial numbers, and locations
where the equipment is housed or stored.
f) That any request or invoice it submits for reimbursement of costs for
Agency staff training is consistent with the training identified in the
approved grant budget documents,which the Agency has seen.
g) That the Agency understands and accepts full financial'responsibility and
may not be reimbursed for costs incurred for training which has not been
approved by the state and the U.S. Department of Homeland Security,
Office for Domestic Preparedness, even though that training may appear
on the approved grant budget documents.
h) That the Agency will not deviate from the items listed in the approved
grant budget documents without first securing written authority from the
city of Portland.
4.
i) That.any public statement,by the Agency referring to the receipt of UASI
funded equipment, supplies, services, or training shall indicate that the
funds for the purchase came from the U.S. Department of Homeland
Security, Office for Domestic Preparedness, Urban Area Security Initiative
grant program and the percent or dollar amount of federal funds used in
the purchase.
j) To maintain.and retain accounting and financial records in accordance
with Generally Accepted Accounting Principles(GAAP) and the standards
of the Office of Comptroller set forth in the May 2002 Office of Justice
Program (OJP).Financial Guide, including without limitation in
accordance with the Office:of Management and Budget(OMB) Circulars
81, A-102, A-.122,,A-128,A-133. [All of these documents are to be
retained for a minimum of six years.after the contract has been awarded
and available for review,upon request,to federal, state, and city of
Portland employees or their agents or officers. Review may occur at any
time, even after six years, if the records are still available.]
3
k) To obtain copies of all federal regulations with which the Agency must
comply.
1) Not to supplant its local funds with federal,and to, instead, use the federal
funds to increase the amount of funds that, in the absence of federal aid,
would be made available to the Agency to fund programs within the Urban
Area-Security Initiative grant program guidelines.
m) To list the city of Portland as a party to.be held harmless and, subject to
the limits of the Oregon Tort Claims Act and the Oregon Constitution,
indemnified by the Agency and any contractor or subcontractor thereof, for
any injury to person or property arising out of the equipment, supplies, or
services provided under this Agreement, and as a party to whom a listed
duty is due.
3. Effective Date and Duration. This Agreement shall be effective from the date
both parties have signed and shall continue in effect until all mutual covenants
expressed herein have been fully satisfied or until the Agreement is terminated
due to the failure of one of the parties hereto to perform.
4. Amendment. This Agreement may be amended by written agreement of both
parties but must remain consistent with the requirements of the Urban Area
Security Initiative program, the UASI grants from the state to the city of Portland,
and the city of Portland's UASI grant agreement with the County.
5. Termination. Either party may terminate this Agreement in the event the other
fails to comply with its obligations under the Agreement. If the Agreement is
terminated due to the Agency's failure or inability to comply with the provisions
of the grants or the Agreement, the Agency will be liable to the city of Portland
for the full cost of any equipment,materials,or services provided by the city of
Portland to the Agency, and of any penalties imposed by the state or federal
government. Each party will notify the other, in writing, of its intention to
terminate this Agreement and the reasons therefore. The other party shall have
fourteen days, or such other time as the parties may agree, from the date of the
notice in which to correct or otherwise address the compliance failure which is the
subject of the notice.
6. Governing Law. This contract 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 that arises from or relates to this
contract shall be brought and conducted exclusively within the.Circuit Court of
Washington County for the state of Oregon., In the event a claim is brought in a
federal forum, then it shall be brought and conducted solely and exclusively in the
United States District Court for the District of Oregon.
4
7. Counterparts. This contract may be executed in several counterparts, each of
which shall be an original, all of which shall constitute one and the same
instrument.
8. Survival.. The terms, conditions, representations and all warranties in this
contract shall survive the termination or expiration of this contract.
9. Force Majeure. Neither party shall The heldresponsible for delay or default
caused by fire, riot, acts of God, or war where such cause was beyond reasonable
control. Each party shalt make all reasonable efforts to remove or eliminate such
a cause of delay or default and shall,upon cessation of the cause, diligently pursue
performance of its obligations under this contract.
10. Indemnification. Subject to the limits of the Oregon Tort Claims Act and the
Oregon Constitution, the Agency shall hold harmless, indemnify and defend the
County, its commissioners,employees and agents from any and all claims,
damages, losses, and expenses, including but not limited to reasonable attorneys
fees arising out of or resulting from agency's performance of or failure to perform
the obligations of this contract.
11. Third Party Beneficiaries. The County and the Agency are the only parties-to
this contract and are the only parties entitled to enforce its terms. Nothing in this
contract gives, or is intended to give, or shall be construed to give or provide any
benefit or right,whether directly, indirectly,or otherwise,to third persons unless
such persons are individually identified by name herein.
12. Successors in Interest. The terms of this Agreement shall be binding upon the
successors and assigns of each party hereto.
13. Entire Agreement. The parties agree and acknowledge that this Agreement is a
complete, integrated agreement that supersedes any prior understandings related to
implementation of the FY-03 and FY-04 UASI program grants and that it is the
entire agreement between them relative to those grants.
Washineton County
Date 12 -o4
Chairman Board of Commissioneiq
APPROVED S TO FORM
WASHINGTON COUNT
��AAttPP
Attorney
BOARD OF COMMISSIONEIl..R��SG
-MINUTE ORDER H ......0.. .. N•.=•5••----
DATE a .j ... .5...
HE B
CLERK OF TA
City of Tigard
Azzi Date
APPROVED AS TO RM
1 Date
tto ey
6
2/26/2007 CITY OF TIGARD Page 1 of 1
11:22:28AM ImageFlow Lite Report - Legislative History (Detailed) UserlD: CAROL
. I
oc. e . o e 00c. Uate Item Rot. Action o e Brief Description e . o e
Cont. Date Exp. Date Name Referred to File Reference# Security Class
Abstract Keywords
SU-7007-07-
01/01/2008 GREER GASTON
INTERGOVERNMENTAL AGREEMENT BETWEEN CITY OF WASHINGTON COUNTY
TIGARD AND WASHINGTON COUNTY FOR THE PURPOSE OF IGA
COORDINATING ACTIVITIES RELATED TO ADMINISTRATION INTERGOVERNMENTAL AGREEMENT
OF URBAN AREA SECURITY INITIATIVE GRANT PROGRAM HOMELAND SECURITY
FUNDS (UASI) FOR EOC. URBAN AREA SECURITY INITIATIVE
UASI
EOC
GRANT
SECOND AMENDMENT
BCC #04-1266
BCC #05-1094
BCC #-06-1184
AMENDMENT
CITY OF TIGARD
Total Items Printed: 1
GRANTEE (SOP`
OREGON OFFICE OF HOMELAND SECURITY
CRIMINAL JUSTICE SERVICES DIVISION
URBAN AREAS.SECURITY INITIATIVE — CFDA # 97.008
GRANTAWARD CONDITIONS AND CERTIFICATIONS
PROGRAM NAME: Portland Urban Area FY05 UASI. GRANT NO: #05-071
Grant
GRANTEE: City of Portland FY 2005 AWARD: $103,391,037
ADDRESS: Portland Office of Emergency AWARD PERIOD: 5/1/05 thea 12/31/06
Management (POEM)
1001 SW Fifth Avenue,'Suite 650
Portland, OR 97204
PROGRAM CONTACT: Mike McGuire TELEPHONE: (503) 823-2691
mmcguire@ci.portland.or.us FAX:
FISCAL CONTACT: Sarah Liggett TELEPHONE: (503) 823-2055
BUDGET
REVENUE
Federal Grant Funds $10,391,037
TOTAL REVENUE: $10,391,037
EXPENDITURES
Equipment $6,513,462
Explosive Device Mitigation $115,276
Physical Security Enhancement $850,625
Incident Response Vehicles $400,000
Citizen Corps Program $194,017
Planning $1,305,757
Training $652,124
Exercises $100,000
Administration $259,776
TOTAL EXPENDITURES:$10,391,037
This document along with the terms and conditions and grant application attached hereto and any other document referenced
constitutman agreement between the Criminal Justice Services Division (CJSD)of the Oregon Office of Homeland Security and
the Grantee. No waiver,consent,modification or change of terms of thisagreement shall be binding unless agreed to in writing
and signed by both the Grantee and CJSD. Such waiver;consent,modification or change,if made,shall be effective only 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 Grantee, 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
CJSD.
Page 1—City of Portland
179394
TERMS AND CONDITIONS
L CONDITIONS OF AWARD
A. The Grantee agrees to operate,the program,as described in the application and to expend funds in accordance
with the approved budget unless the Grantee receives prior written approval by CJSD to modify the program
orbudget. CJSD may withhold funds for any expenditure not within the approved budget or in excess of
amounts approved by CJSD. Failure:of the Grantee 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 tenninationof the grant agreement:
B. The Grantee agrees-that all publications created with funding under this grant shall prominently contain the
following statement "Ms document was prepared under a grant from the Office of State and Local
Government Coordination and Preparedness(SLGCP),United States 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 SLGCP or the U:S.Department of Homeland.Security.
C. The Grantee agrees that,when practicable,any equipment purchased with grant funding shall be prominently
marked as follows:"Purchased with funds provided by the U.S.Department of Homeland.Security."
D. Maintenance Retention and Access to Records-Audits.
1. Maintenance and Retention of Records.The Grantee agrees to maintain accounting and financial
records in accordance with Generally Accepted Accounting Principles(GAAP)and the'standards of the
Office of the Comptroller set forth in the March 2005 Office of Justice Programs(OJP)Financial
Guide,including without limitation in accordance with Office of Management and Budget
(OMB)Circulars A-87,A-102,A-122,A-128,A-133.All financial records,supporting documents,
statistical records and all other records pertinent to this grant or agreements under this grant shall be
retained by the Grantee for a minimum of five years for purposes of State of Oregon or Federal
examination and audit.It is the responsibility of the Grantee to obtain a copy of the OJP Financial
Guide from the Office of the Comptroller and apprise itself of all Hiles and regulations set forth.
2. Retention of Equipment Records Records for equipment shall be retained for a period of three years
from the date of the disposition or replacement or transfer at the discretion of the awarding agency,
Tide to all equipment and supplies purchased with funds made available under the SHSGP shall vest in
the Grantee agency that purchased the property,if it provides written certification:to CJSD that it will
use the property for purposes consistent with the Urban Areas Security Initiative Grant Program.
3. Access to Records.CJSD,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
any pertinent books,documents,papers,or other records of Grantee and any contractors or
subcontractors of Grantee,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 Grantee expends$500,000 or more in Federal funds(from all sources)in its fiscal year,
Grantee 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 CJSD within 30 days of completion. If
Grantee expends less than$500,000 in its fiscal year in Federal funds;Grantee 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.D.1 herein..
5. Audit Costs. Audit costs for audits not required in accordance with OMB Circular A-133 are
unallowable. If Grantee 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.
Page 2-City of Portland
179394
E. Fund.
1. Matching Funds. This Grant does not require matching funds.
2. Supplanting.The Grantee 1 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,Grantee.to.fund programs consistent with Urban Areas Security Initiative Grant
Program.guidelines.
F. Reports. Failure of the Grantee to submit the required program,financial,or audit reports,or to resolve
program,financial,,oraudit issues may result in the suspension of grant payments and/or termination of
the grant agreement.
l. Progress Reports Initial Strategy Implementation Plan( SKIP) and Biannual Strategy Implementation
Report(BSIR): The Grantee agrees to submit two types of semi-annual reports on its progress in
meeting each of its,agreed upon goals and objectives. One is a narrative progress report that addresses
specific information regarding the activities carried out under the FY 2005 Urban Areas Security
Initiative Grant Program and how they address identified project specific goals and objectives. Progress
reports are due January 17,2006;July 18,2006;and January 15,2007 or whenever Requests for
Reimbursement are submitted,whichever comes first. Narrative reports may be submitted
separately or included in the`Project Notes'section of the BSIR.
The second is a set of web-based applications that details how funds are linked to one or more projects,
which in tum must support.specific goals and,objectives in'the State or Urban Area Homeland Security
Strategy. The first report,the Initial Strategy Implementation Plan(ISIP),is due by May 9,2005.
Biannual Strategy Implementation Reports(BSIR)must be received no later than July 15,2005,January
17,2006;July 18,2006;and January 15,2007. A final BSIR will be due 90 days after the grant award
period.
Examples of information to be captured in the ISIP and BSIR include:
Total dollar amount received from each funding source
° Projects(s) to be accomplished with funds provided during die grant award period.
° State or Urban Area Homeland Security Strategy goal or objective supported by the project(s).
Amount of funding designated for each discipline from each.grant-funding.source.
Solution area which expenditures will be made and the amount that will be expended under each
solution area from each grant funding source.
° Metric and or narrative discussion indicating project progress/success.
Any progress report,Initial Strategy Implementation Plan,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. Grantee must receive prior written approval
from CJSD to extend a progress report requirement past its due date.
2. Financial Reimbursement Reports.
a. In order to receive reimbursement,the Grantee agrees to submit a signed Request for
Reimbursement(RFR)which includes supporting documentation for all grant expenditures.
RFRs may be submitted quarterly,but no Jess frequently than semi-annually during the term of the
grant agreement. At a minimum;RFRs must bereceived no later.than January 31,2006;July 31,
2006;.and January 31,2007:
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 reimbursemenrfor 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.
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179394
c.. Reimbursements will only be made for actual expenses incurred during the grant period. The
Grantee agrees that no grant funds may be used for expenses incurred before May 1,2005 or after
December 31,2006.
d. Grantee 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.`CJSD 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. Grantee shall provide CJSD copies of all audit reports pertaining to this Grant
Agreement obtained by Grantee,whether or.not the audit is required by OMB Circular A-133.
G. Indemnification. The Grantee'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 and CJSD,their officers,
employees,agents,.and members from all claims,suits and actions of whatsoever nature resulting from or
arising out of the activities of Grantee,its officers,employees,subcontractors,or agents under this grant.
Grantee shall require any of its contractors or subcontractors to defend,save,hold harmless and indemnify the
State of Oregon,Criminal Justice Services Division,.and the Oregon Office of Homeland Security,their
officers,employees,agents,and members,from all laims,suits or actions of whatsoever nature resulting from
or arising out of the activities of subcontractor under or pursuant to this grant.
Grantee 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,;Criminal Justice Services Division,and the
Oregon Office of Homeland Security and their officers,;employees and members are Additional Insureds,but
only with respect to the contractor's or'subcoirtractor's services performed under this grant.
H. Copyright and Patents
1. Copyrigh . If this agreement or any program funded by this agreement results in a copyright,the CJSD
and the Office for Domestic Preparedness reserve a royalty-free,nonexclusive and irrevocable license to
reproduce,publish or otherwise use,and to 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
Grantee,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 productionof
patentable items,patent rights,processes,or inventions,the Grantee or any.of its contractors or
subcontractors shall immediately notify CJSD. The CJSD will provide the Grantee with further
instruction on whether protection on the item will be sought and how the righmin the item will be
allocated and administered in order to protectthe public interest,in accordance with federal guidelines.
I. No Implied Waiver.Cumulative Remedies. The failure of Grantor 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.
J. 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.Grantor(and/or any other agency or department of
the State of Oregon)and:Grantee 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
broughtin a federal forum,then it shall be brought and conducted solely and exclusively within the United
States District Court for the District of Oregon. .Grantee,By Execution Of This Agreement,Hereby .
Consents To The In Personam Jurisdiction Of Said Courts..
K 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.Grantee ror Grantor 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
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1793 .94
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 isgenerated 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.
L. Successors andAssigns. This Agreement shall be binding upon and inure to the benefit of Grantor,Grantee,
and their respective successors and assigns,except that Grantee may not assign or transfer its rights or
obligations hereunder or any interest,herein without the prior consent in writing of Grantor.
M. Survival: All provisions of this Agreement sef forth in.the following sections shall survive termination of this
Agreement:Section I.0(Maintenance,Retention and Access to Records;Audits);Section LE(Reports);and
Section IT(indemnification).
N. Seyerability. 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.
O. 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.
II. Grantee Compliance and Certifications
A. Debarment.Suspension.Ineligib_�y and Voluntary Exclusion.The Grantee 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 regulations published May 26,1988,implementing Executive Order 12549,
Debarment and Suspension,28 CFR Part 69 and 28 CFR Part 67.)
B. Standard Assurances and Certifications Regarding Lobbyi _The Anti-Lobbying Act,18 U.S.C.§1913,was
amended to expand significantly the restriction on use of appropriated funding for lobbying.This expansion
also makes the anti-lobbying restrictions enforceable via large civil penalties,with civil fines between$10,000
and$100,000 per.each individual occurrence of lobbying activity.These restrictions are in addition to the anti-
lobbying and lobbying disclosure restrictions imposed by 31 U.S.C.§1352:The Office of Management and
Budget(OMB)is.currendy in the process of amending the OMB cost circulars and the+common rule(codified
at 28 C.F.R.part 69 for DOJ grantees)to reflect these modifications.However,in the interest of full disclosure,
all applicants must.understand that no federally-appropriated funding made available under this grant program
may be used,either directly or indirectly,to support the enactment,repeal,modification or adoption of any law,
regulation,or policy,at any level of government,without the express approval of the U.S.Department of
Justice.Any violation of this prohibition is subject to a minimum$10,000 fine for each occurrence.This
prohibition applies to all activity,even if currently allowed within the parameters of the existing OMB circulars.
C. Com an Applicable Law. The Grantee agrees to comply with all applicable laws,regulations,and
guidelines of the.State of Oregon,the Federal Government and CJSD in.the performance of this agreement,
including but not limited to:
1. The provisions of 28 CFR applicable to grants and cooperative agreements including Part 18,
Administrative Review Procedure;Part.20,Criminal Justice Information Systems;Part 22,
Confidentiality of Identifiable Research and'Statistical Information;Part 23,Criminal Intelligence
Operating Policies;Part 30,IntergovemmentalReview of'Department of Justice.Programs and
Activities;Part 42,Non-Discrimination/Equal Employment Opportunity Policies and Procedures;Part
61,'Procedures for Implementing.the National Environmental Polity Act,Part 63,Floodplain
Management and Wedand Protection Procedures,and Federal laws.or regulations applicable to Federal
assistance programs.
2. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970(P.L.91-646).
3. Section 102(a)of the Flood Disaster Protection Act of 1973,P.L.93-234,87 Stat.97,approved
December 31,1976.
Page 5—City of Portland
. 79394
4. Section 106 of the National Historic Preservation Act of 1966 as amended(16 USG 470),Executive
Order 11593,and the'Archeological and.Historical Preservation Act of 1966(16 USC 569a-1 et seq.)
5. National Environmental Policy Act of 1969,42 USC 4321 et seg.
6. Flood Disaster Protection Act of 1973,42 USC 4001 et seq.
7. Clean Air Act,42 USC 7401 et seq:
8. Clean Water Act,33 USC 1368 et:seq.
9. Federal Water Pollution Control Act of 1948,as:amended,33 USC 1251 et seq.
10. Safe Drinking Water Act;of 1974,42 USC 300E et seq.
11. Endangered Species Act:of1973,16 USC 1531 et seq.
12. Wild and"Scenic Rivers Act of 1968,as amended,16 USC 1271 et seq.
13. Historical and-Archaeological Data.Preservation Act of 1960,as amended,16 USC 469 et seq.
14. Coastal Zone Management Act of 1972, 16 USC 1451 et seq.
15. Coastal Barrier Resources Act of 1982,16 USC 3501 et seq..
16. Indian Self-Determination Act,25 USC 450f.
17. Hatch Political Activity Act of 1940,as amended,5 USC 1501 et seq.
18. Animal Welfare Act of 1970,7.USC 2131 et seq.
19. Demonstration Cities and Metropolitan Development Act of 1966,42 USC 3301 et seq.
20. Federal Fair Labor Standards Act of 1938(as appropriate),as amended;29 USC 201 et seq.
D. Certification of Non-discrimin tion.
1. The Grantee,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 Grantee,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;
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 orState 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'Grantee or,any of its contractors or subcontractors,the Grantee or any of its
contractors or subcontractors wUforward a copy of the finding to the Criminal Justice Services
Division(CJSD). CJSD will forward a copy of the finding to the Office for Civil Rights,.Of6ce of
Justice Programs.
Page 6—City of Portland
E. Civil Rights Compliance. All recipients of'federal grant funds are required,and Grantee agrees,to comply 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 Acrof 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 19.73,29 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.§12131 (prohibiting discrimination in services,programs,
and activities on the basis of disability);The Age Discrimination Act of 1975,42 U.S.C.§6101-07(prohibiting
discrimination in programs and activities.on the�basis of age);and Tide.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. If the Grantee,or any of its contractors or subcontractors,has 50
or more employees;is receiving more than$25,000 pursuant to this agreement,and has a service population
with a minority representation of three percent or more,the Grantee,or any of its contractors or
subcontractors,agrees to formulate,implement and maintain an equal employment opportunity program
relating to employment practices affecting minority persons and women. If the Grantee,or any of its
contractors or subcontractors,has 50 or more employees,is receiving more than$25,000'pursuant to this
agreement,and has a service population with a minority representation of less than three percent,the Grantee
or any of its contractors or subcontractors,agrees to formulate,implement and maintain an equal employment
opportunity program relating to its practices affecting women. The Grantee,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. Any Grantee,and any of its contractors or
subcontractors,receiving more than$500,000,either through this agreement or in aggregategrant funds in any
fiscal year,shall in addition submit a.copy of its equal employment opportunity.plan.at,the.same time as the
application submission,with the understanding that the application for funds may not be awarded prior to
approval of the Grantee's,or any of its contractors or subcontractors,equal employment opportunity program
by the Office for Civil Rights,Office of)ustice Programs.
If required to formulate an Equal Employment Opportunity Program(ESOP),the Grantee must maintain a
current copy on file which.meets the applicable requirements.
G. Services to Limited EnChsh Proficient(LSP)Persons,Recipients of ODP financial assistance 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.
Toensure 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.Grantees 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 their programs and activities.Reasonable costs associated with providing meaningful access
for LEP individuals are considered allowable program costs.For additional information,please see
h_ap://www len ov.
H. National Environmental Policy Act VEPA)•Special Condition for U.S. Justice Grant
ro
1. 'Prior to obligating grant hinds,Grantee agrees to first determine if any of the following activities will be
related to the use of the grant funds.Grantee understands that this special condition applies to its
following new activities whether or not they are being specifically funded with these grant funds. That
is,as long as the activity is being conducted by the Grantee,a contractor,subcontractor or any third
party and the activity needs to be undertaken in order to use these grant funds,."special condition
must first be met. The activities;covered'by this special condition are:
a. new construction;
b. minor renovation or remodeling of.a property either (a) listed on or eligible for listing on the
National Register of Historic Places orl(b)'located within a 100-year floodplain;
C. a renovation,lease,or any other proposed use of a building or facility that will either(a)result in a
change in its basic prior use or(b)significantly change its size;:and
Page 77-City of Portland
X79304
d.. implementation of a new program involving the use of chemicals other than chemicals that are (a)
purchased as an incidental component of a funded activity and (b) traditionally used, for example,
in office,household,recreational,or educational environments.
2. Applicationi of This Special Condition to Grantee's Existing Programs or Activities:For any of the
Grantee's or its contractors'or subcontractors'existing programs or activities that will be funded by
these grant funds,the Grantee,upon specific request from the Office for Domestic Preparedness,
agrees to cooperate with the Office:for Domestic Preparedness in any preparation by the Office for
Domestic.Preparedness of a national or program environmentaI assessment of that funded program or
activity.
I. Certification Regarding Drug Free Workplace Requirements. Grantee certifies that it will provide a drug-free
workplace by:
1. Publishing a statement notifying employees that the unlawful manufacture,distribution,dispensing,
possession or use of a controlled substance is prohibited in the Grantee's workplace and specifying the
actions that will be taken against employees for violation of such prohibition;
2. Establishing a drug-free awareness program to inform employees about:
a. The dangers of drug abuse in the workplace;
b. The Grantees policy of maintaining a drug-free workplace;
c. Any available drug counseling,rehabilitation,and employee assistance programs;and
d. The penalties that may be imposed upon employees for drug abuse violations occurring in the
workplace.
3. Requiring that each employee engaged in,the performance of the grant be given a copy of the
employer's statement required by paragraph(a).
4. Notifying the employee that,as a condition of employment under the award,the employee will:
a. Abide by the terms of the statement;and
b. Notify the employer of any criminal drug statute conviction for a violation occurring in the
workplace not later that five days after such conviction.
5. Notifying the Grantee within ten days after receiving notice from an employee or otherwise receiving
actual notice of such conviction.
6. Taking one of the following actions,within 30 days of receiving notice,with respect to any employee
who is so convicted:
a. Taking appropriate personnel action against such an employee,up to and including termination;or
b. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation
program approved for such purposes by federal, state, or local health, law enforcement, or other
appropriate agency.
7. Making a good faith effort to continue to maintain a drug-free workplace.
III. Suspension or Termination of Funding .
The Criminal Justice Services..Division may suspend funding in whole.or in part,terminate funding,or impose another
sanction on an Urban Areas Security Initiative Grant Program recipient for any of the following reasons;
A. Failure to comply substantially with the requirements or statutory.objectives of the Urban Areas Security
Initiative 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 application.
C. Failure to adhere to the requirements of the grant award and standard or special conditions.
Page 8—City of Portland
17 9394
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 Criminal Justice Services Division will provide reasonable notice to the Grantee of its
intent to impose sanctions and will attempt to resolve the problem informally.
IV. . Grantee Representations and Warranties
Grantee represents and warrants to Grantor as follows:
1. . Existence and'Power. Grantee is a political subdivision of the State of Oregon. Grantee has frill 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.
2. AuthoriM No Contravention. The making and performance by Grantee of this Agreement(a)have been duly
authorized by all necessary action of Grantee, (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 Grantee's articles of incorporation or bylaws and (e) 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 Grantee is
a party.or by which Grantee or any of its properties are bound or affected.
3. Binding Obligation. This Agreement has been duly authorized, executed and delivered on behalf of Grantee
and constitutes the4egal,valid,and binding obligation of Grantee,enforceable in accordance with.its terms.
4. 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 Grantee of this Agreement.
Carmen Merlo,Director Date
Criminal Justice Services Division
Oregon Office of Homeland Security
4760 Portland Road NE
Salem,OR 97305
(503) 378-4145 ext_545
as �s
Signature of Aulfiojed Grantee Official
Dafe
NIA 0(L.
Name/Title
A 'QOM AS TSO FORM
Page 9-City of Portland
ciT'YATTORNEY