Washington County - Urban Areas Security Initiavive (UASI) WASHINGTON COUNTY
OREGON
August 25, 2017
Mike Luec�4anager
( ML
Emergen
Zligard,
igard
Hall Blvd.
OR 97223
Dirueck, �lS- "AR _
The Intergovernmental Agreement between Washington County and the City of Tigard for the FYI
Urban Areas Security Initiative(UASI) grant has been approved by the Board of County
Commissioners. Three signed copies of the agreement are enclosed and ready for your signature.
Please sign all three copies and return two of them to me.
Please contact Scott Porter at (503) 846-7581 or scott porter(iDco.washington.or.us if you have
questions.
Sincerely,
Shar ray lG1t/ l
ashington Cou Emergency Management
Administrative Specialist II �r
--- CJS �f�1L✓1l.Gd �d0/
Enclosures n
Washington County Emergency Management
1400 SW Walnut Street, Suite 241, MS 30 • Hillsboro, OR 97123-7620
Phone: (503) 846-7575 • fax: (503) 846-7570
Website: www.co.washington.or.us
i -7-093
INTERGOVERNMENTAL AGREEMENT
Between
WASHINGTON COUNTY, OREGON
and
THE CITY OF TIGARD, OREGON
THIS IS an intergovernmental agreement (Agreement) between Washington
County (County) and the city of Tigard (City) entered into pursuant to the authority
granted in Oregon Revised Statutes (ORS) Chapter 190 for the coordination of activities
related to use of the United States Department of Homeland Security's Urban Areas
Security Initiative (UASI) grant program funds for addressing the unique planning,
organization, equipment, training, and exercise needs of high-threat, high-density urban
areas to assist in building an enhanced and sustainable capacity to prevent, protect
against, respond to, and recover from acts of terrorism.
Recitals
WHEREAS, the United States Department of Homeland Security (DHS), Federal
Emergency Management Agency(FEMA) Grant Programs Directorate, provided UASI
grant funding in the amount of$2,962,000 in Fiscal Year 2016 to the state of Oregon
("State"), acting by and through the Oregon Military Department, Office of Emergency
Management (OEM), for distribution of$2,822,000 to the Portland Urban Area (PUA);
and
WHEREAS, the State awarded UASI Grant#16-170 to the city of Portland,
Bureau of Emergency Management (PREM), for Fiscal Year 2016 in the amount of
$2,822,000, a copy of which is attached to this Agreement and incorporated herein as
Attachment 1 and Exhibits A, B, C and D; and
WHEREAS, UASI Grant#16-170 is intended to increase the capabilities of the
PUA, which includes jurisdictions in Multnomah, Clackamas, Columbia and Washington
counties in Oregon and Clark County in Washington, as well as the Port of Portland and
TriMet, to build an enhanced and sustainable capacity to prevent, protect against,
respond to, and recover from acts of terrorism; and
WHEREAS, a list of equipment, supplies, professional services, training and
exercise events to be grant funded has been developed through the application process
and coordination with the State; and
WHEREAS, PBEM, 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, PBEM, as Grant Administrator, is required to make periodic reports
to the State 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 PUA jurisdictions that receive direct
benefit from UASI grant purchases are required to comply with all terms of the U.S.
Department of Homeland Security, UASI Grant CFDA# 97.067, Grant#16-170 award
including, but not limited to, obligations regarding reporting, access to records, financial
tracking and procurement, and supplanting of funds; and
WHEREAS, the Regional Disaster Preparedness Organization (RDPO) is the
designated organization in the PUA that serves in the capacity of Urban Area Work
Group (UAWG) to coordinate program development and decision-making processes for
allocating UASI sub-grants, as specified in the "Standard Operating Procedure Urban
Areas Security Initiative (UASI) Program Management Under the Regional Disaster
Preparedness Organization (RDPO)," (Attachment 2); and
WHEREAS, the city of Portland has entered into an agreement with Washington
County to secure the County's commitment to follow the city of Portland-developed
procurement, delivery, reimbursement, and reporting procedures, to ensure its
compliance with all terms of the grant, and to obligate it to coordinate with and obtain
similar assurances from directly benefiting jurisdictions, agencies, and organizations
within the County.
NOW, THEREFORE, thearties agree ree as follows:
P
1. The County agrees:
a) To coordinate grant-related procurement, reimbursement, and reporting
activities with directly benefiting jurisdictions, agencies, and organizations
in the County consistent with the processes developed by the city of
Portland to manage those activities.
b) To serve as the point of contact for all requests made by the City and to
be responsible for submitting all purchase requests to the city of Portland
on behalf of the City.
c) To maintain a sub-recipient monitoring plan in compliance with the
requirements set forth in the most recent versions of applicable federal
regulations and Office of Management and Budget (OMB) circulars.
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d) To ensure the City maintains compliance with the terms of this Agreement
and UASI Grant#16-170.
2. The City agrees:
a) That it has read the award conditions and certifications for UASI Grant
#16-170, including Exhibits A, B, C and D, and 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
city of Portland, as grantee, under those grant documents.
b) To comply with all city of Portland and State financial management
processes, and to maintain accounting and financial records in
accordance with Generally Accepted Accounting Principles (GAAP) and
financial, administrative, and audit requirements as set forth in the most
recent versions of the Code of Federal Regulations and Office of
Management and Budget Circulars. A nonexclusive list of regulations
commonly applicable to DHS grants includes:
i. Administrative Requirements: 2 CFR 200 (State and Local
Governments)and 2 CFR Part 215 (Non-Profit Organizations)
ii. Cost Principles: 2 CFR 200 Subpart E
iii. Audit Requirements: 2 CFR 200 Subpart F-Audit Requirements
c) To comply with all city of Portland and State procurement requirements,
including competitive bid processes as outlined in Portland City Code
(PCC) and Oregon Revised Statutes (ORS). A nonexclusive list of codes
and statutes commonly applicable to procurement include:
i. PCC Chapter 5.33 (Goods and Services) and PCC Chapter 5.68
(Professional, Technical and Expert Service Contracts)
ii. ORS 279A(Public Contracting — General Provisions) and ORS
279B (Public Contracting — Public Procurements)
d) That all equipment, supplies, and services provided by the city of Portland
are as described in the approved grant budget documents, which the City
has seen.
e) That regardless of how it is procured, all equipment and supplies
purchased shall be owned by the City until disposition takes place. The
City shall be responsible for inventory tracking, maintenance and storage
while in possession of such equipment and supplies.
f) That regardless of who the owner is, all equipment purchased with grant
funds will be made available to all eligible regional partners per 44 CFR
13.32(c)(2). All reasonable requests must be met when sufficient notice is
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given and no reasonable conflict exists. Owners may not charge "rental"
fees for equipment, but may seek reimbursement for normal expendables
(not already covered by grant funds) such as fuel, vehicle damage,
maintenance for wear and tear, etc., when appropriate.
g) To comply with all property and equipment tracking and monitoring
processes required by the grants, this Agreement, the city of Portland and
the State and to treat all single items of equipment valued over $5,000 as
fixed assets and provide the city of Portland with a list of such equipment
on a biennial basis, using PBEM's Equipment Inventory Report, and
completing and returning the report to PBEM on or before June 30 of the
reporting year. The list should include, but is not limited to, status, asset
number, funding source, date of purchase, equipment description, serial
number, and location where the equipment is housed or stored.
Additionally, all fixed assets must have a sticker affixed that visibly states:
"Purchased with funds provided by the U.S Department of Homeland
Security." All requirements for the tracking, monitoring, disposition, and
transfer of fixed assets are set forth in 2 CFR 200.313, which can be found
here: http://www.ecfr.gov/cgi-
bin/retrieveEC FR?qp=&S I D=Bd 75f90044e30262070fe0bc233c337f&mc=tr
ue&n=pt2.1.200&r-PART&tv=HTML# top
The City shall maintain and store all equipment and supplies, provided or
purchased, in a manner that will keep it safe, prolong its useful life and be
ensure it is in good working condition at all times.
h) That any request or invoice it submits for reimbursement of costs is
consistent with the items identified in the approved grant budget
documents.
i) That it understands and accepts full financial responsibility and may not be
reimbursed for costs incurred which have not been approved by the State
and/or the U.S. Department of Homeland Security, FEMA Grant Programs
Directorate.
j) That it will not deviate from the items listed in the approved grant budget
documents without first securing written approval from the city of Portland.
k) That all publications created with funding under this grant shall
prominently contain the following statement: "This document was prepared
under a grant from FEMA's Grant Programs Directorate, U.S. Department
of Homeland Security. Points of view or opinions expressed in this
document are those of the authors and do not necessarily represent the
official position or policies of FEMA's Grant Programs Directorate or the
U.S. Department of Homeland Security."
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I) That all financial records, supporting documentation and all other records
pertinent to this grant or agreements under this grant shall be retained by
the City following termination, completion or expiration of this Agreement
for purposes of state of Oregon or federal examination and audit, as
established by federal, state or city of Portland retention schedules
(whichever is longer). Currently, the city of Portland's retention
requirement for these documents is 10 years. A nonexclusive list of codes
and statutes commonly applicable to retention include:
i. City of Portland Retention Schedules, Section 4808
http://www.portlandonline.com/auditor/index.cfm?c=27183&a=7949
ii. OAR 166-200-0050(17)
iii. 2 CFR 200.333-337
m) To obtain a copy of 2 CFR 200 Subparts A-F, and to apprise itself of all
rules and regulations set forth.
n) Not to supplant its local funds with federal funds but rather use the federal
funds to increase the amount of funds that, in the absence of federal aid,
would be made available to fund programs within the UASI grant program
guidelines.
o) To comply with National Incident Management System (NIMS) objectives
identified as requirements by the State and certify that the City is
registered with the State as being NIMS compliant.
p) To comply with all applicable federal, state, and local environmental and
historic preservation (EHP) requirements and provide information
requested to ensure compliance with applicable laws.
q) To comply with federal guidelines concerning exclusions for contractors by
verifying that a contractor is not excluded from receiving federal funds
prior to making any expenditures and maintaining a record of verification.
Currently, verification can be made at the System for Award Management
site—www.sam.ctov. A copy of this report must be submitted to the city of
Portland, as part of the documents required for reimbursement requests.
r) To provide timely compliance with all reporting obligations required by the
grant's terms and the city of Portland.
s) To provide the city of Portland and the County with Performance and
Program Reports, Financial Reimbursement Reports, Asset/ Inventory
Reports and Audit Reports when required by the city of Portland and in the
form required by the city of Portland.
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i. Performance reports are due to the city of Portland and the County
on a quarterly basis: April 15, July 15,October 15, and January 15
during the term of the grant agreement. Late Performance Reports
could result in the suspension and/or termination of the grant.
ii. Asset/ Inventory Reports are due to the city of Portland and the
County on a biennial basis, on June 30 every two years.
iii. Results of the City's audit report that complies with 2 CFR 200 are
due to the city of Portland and the County fifteen (15)days after the
City's receipt of the report, along with a corrective action plan (if
applicable). Agencies expending $750,000 or more in federal
awards during their fiscal year are required to have an audit. 2 CFR
200.21 (including Subpart F and Appendix XI audit requirements
can be found here: http://www.ecfr.gov/cgi-
bin/retrieveECFR?qp=&SI D=8d 75fg0044e30262070fe0bc233c337f&m
c=true&n=pt2.1.200&r-PART&tv=HTML# top
iv. Financial Reimbursement Reports are due no less frequently than
quarterly during the term of the grant agreement. Late Financial
Reimbursement Reports could result in the suspension and/or
termination of the grant.
V. Per UASI Grant#16-170, Section 5b, Financial Reimbursement
Reports, Paragraph ii, reimbursement for expenses will be withheld
if Performance Reports are not submitted by the specified dates or
are incomplete.
t) To follow the travel expense and per diem guidelines as set forth by the
U.S. General Services Administration (GSA)as well as the guidelines of
the city of Portland and State. Per UASI Grant#16-170, Section 5b,
Financial Reimbursement Reports, Paragraph iii, reimbursement rates for
travel expenses shall not exceed those allowed by the state of Oregon.
Requests for reimbursement for travel must be supported with a detailed
statement identifying the person who traveled, the purpose of the travel,
the dates, times, and places of travel, and the actual expenses or
authorized rates incurred.
GSA per diem rates can be found on the GSA website:
http://www.gsa.gov/portal/content/l 04877
The city of Portland's guidelines can be found on the Office of the City
Auditor's website:
BCP-FIN-6.13 Travel:
hfti)://www.portiandonline.com/auditor/index.cfm?c=34747&a=1 60271
6
BCP-FIN-6.14 Non-travel Meals, Light Refreshments and Related
Miscellaneous Expenses:
http://www.portiandonline.com/auditor/index.cfm?&a=160283&c=34747
u) To comply with all applicable laws, regulations, program guidance and
guidelines of the Federal Government, the state of Oregon, and OEM in
the performance of this Agreement, including but not limited to those listed
in UASI Grant#16-170, Attachment 1, Exhibit B, Federal Requirements
and Certifications, Exhibit C, Subagreement Insurance Requirements, and
Exhibit D, Information Required by 2 CFR 200.331(a).
v) To comply with all of its obligations under this Agreement and any
applicable, incorporated document or documents.
3. Effective Date and Duration. This Agreement shall be effective from the date
both parties have signed and shall be terminated upon the end date of the
agreement between the city of Portland and the State (Grant#16-170), unless
otherwise extended by the parties in writing or this IGA is terminated due to
failure of one of the Parties to perform.
4. Amendment. This Agreement may be modified or amended only by the written
agreement of both parties but must remain consistent with the requirements of
the UASI program grant, the agreement between the State and 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 City's failure or inability to comply with the provisions of the
grant or the Agreement, the City 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 City, and 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 Agreement shall be governed by and construed in
accordance with the laws of the State, without regard to principles of conflicts of
law. Any claim, action, suit or proceeding that arises from or relates to this
Agreement 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.
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7. Counterparts. This Agreement may be executed in several counterparts, each
of which shall be an original, and all of which shall constitute one and the same
instrument.
8. Survival. The terms, conditions, representations, and all warranties in this
Agreement shall survive the termination or expiration of this Agreement.
9. Force Majeure. Neither party shall be held responsible for delay or default
caused by fire, riot, acts of God, or war where such cause was beyond
reasonable control. Each party shall 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 Agreement.
10.Indemnification.
a) Subject to the conditions and limitations of the Oregon Constitution and
the Oregon Tort Claims Act, ORS 30.260 through 30.300, the City shall
indemnify, defend and hold harmless the County, its commissioners,
employees and agents from and against any and all liability, claims,
damages, losses, and expenses, including but not limited to reasonable
attorney's fees arising out of or resulting from the acts of the City, its
officers, employees and agents in the performance of this agreement.
Subject to the conditions and limitations of the Oregon Constitution and
the Oregon Tort Claims Act, ORS 30.260 through 30.300, the County shall
indemnify, defend and hold harmless the City from and against all liability,
loss and costs arising out of or resulting from the acts of the County, its
officers, employees and agents in the performance of this agreement.
b) The City shall take all reasonable steps to cause its contractor(s) or
subcontractor(s) that are not units of local government as defined in ORS
190.003, if any, to indemnify, defend, save and hold harmless OEM and
its officers, employees and agents ("Indemnitee")from and against any
and all claims, actions, liabilities, damages, losses, or expenses (including
attorneys' fees)arising from a tort(as now or hereafter defined in ORS
30.260) caused, or alleged to be caused, in whole or in part, by the
negligent or willful acts or omissions of the City's contractor or any of the
officers, agents, employees or subcontractors of the contractor("Claims").
It is the specific intention of the parties that the Indemnitee shall, in all
instances, except for Claims arising solely from the negligent or willful acts
or omissions of the Indemnitee, be indemnified by the contractor from and
against any and all Claims
c) The City shall require its contractor(s) or subcontractor(s) to obtain
insurance in amounts required by OEM, not to exceed OEM's limits of
liability under the Oregon Tort Claims Act, and shall provide that the state
of Oregon, OEM, and their officers, employees and members are named
8
1
as Additional Insureds, but only with respect to the contractor's or
subcontractor's services performed under this grant.
11.Third Party Beneficiaries. The County and the City are the only parties to this
Agreement and are the only parties entitled to enforce its terms. Nothing in this
Agreement 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 2016 UASI program grant (Grant#16-170)
and that it is the entire agreement between them relative to that grant.
14.Worker's Compensation. Each party shall be responsible for providing worker's
compensation insurance in compliance with ORS 656.017, which requires
subject employers to provide Oregon workers' compensation coverage for all
their subject workers (contractors with one or more employees, unless exempt
under ORS 656.027). Neither party shall be required to provide or show proof of
any other insurance coverage.
15.Nondiscrimination. Each party shall comply with all requirements of federal
and state civil rights and rehabilitation statutes and local non-discrimination
ordinances.
16.Human Trafficking (2 CFR Part 175). The City, employees, contractors and
sub-recipients under this Agreement and their respective employees may not:
o Engage in severe forms of trafficking in persons during the period of the time
the award is in effect;
o Procure a commercial sex act during the period of time the award is in effect;
or
o Use forced labor in the performance of the subgrant or subgrants under the
award.
The City must inform the city of Portland and OEM immediately of any
information the City receives from any source alleging a violation of any of the
above prohibitions in the terms of this IGA. OEM may terminate Grant#16-170,
without penalty, for violation of these provisions. OEM's right to terminate Grant
#16-170 unilaterally, without penalty, is in addition to all other remedies under
Grant#16-170.
17.Access to Records. Each party shall maintain, and shall have access to the
books, documents, papers, and other records of the other party which are related
9
to this Agreement for the purpose of making audit, examination, excerpts, and
transcripts. Copies of applicable records shall be made available upon request.
Access to records for Oregon Emergency Management(OEM), the Oregon
Secretary of State, the Office of the Comptroller, the General Accounting Office
(GAO), or any of their authorized representatives, shall not be limited to the
required retention period but shall last as long as records are retained.
18.Subcontracts and Assignment. Neither party will subcontract or assign any
part of this Agreement without the prior written consent of the other party.
Notwithstanding County or city of Portland approval of a subcontractor, the City
shall remain obligated for full performance hereunder, and the County shall incur
no obligation other than its obligations to the City hereunder.
Washington CountAndy
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APPROV AS TO ORM
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City of Tigard
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APPROVED AS TO FORM
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01 -22- 17
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1 /� _ 10
Attachment 1
OREGON MILITARY DEPARTMENT
OFFICE OF EMERGENCY MANAGEMENT
HOMELAND SECURITY GRANT PROGRAM
URBAN AREA SECURITY INITIATIVE
CFDA# 97.067
CITY OF PORTLAND
$2,822,000
Grant No: 16-170
This Agreement is made and entered into by and between the State of Oregon,acting by and through the
Oregon Military Department,Office of Emergency Management,hereinafter referred to as"OEM,"and'
the City of Portland hereinafter referred to as"Subrecipient,"and collectively referred to as the
"Parties,"
i
1. Effective Date. This Agreement shall become effective on the date this Agreement is fully executed
and approved as required by applicable law. Reimbursements will be made for Project Costs incurr�d
beginning on September 15,2016 and ending,unless otherwise terminated or extended,on May 301
2019(Expiration Date). No Grant Funds are available for expenditures after the Expiration Date.
OEM's obligation to disburse Grant Funds under this Agreement shall end as provided in Section
6.b.iv of this Agreement.
2. Agreement Documents. This Agreement consists of this document and the following documents,all
of which are attached hereto and incorporated herein by reference:
Exhibit A: Project Description and Budget
Exhibit B: Federal Requirements and Certifications
Exhibit C; Subcontractor Insurance
Exhibit D: Information required by 2 CFR 200331(a)
In the event of a conflict between two or more of the documents comprising this Agreement,the
language in the document with the highest precedence shall control. The precedence of each of the
documents comprising this Agreement is as follows,listed from highest precedence to lowest
precedence: Exhibit B; this Agreement without Exhibits; Exhibit A; Exhibit C.
3. Grant Funds. In accordance with the terms and conditions of this Agreement, OEM shall provide
Subrecipient an amount not to exceed$2,822,000 in Grant Funds for eligible costs described in
Section 6 hereof. Grant Funds for this Program will be from the Fiscal Year 2016 Urban Area
Security Initiative(UASI)grant.
4. Project. The Grant Funds shall be used solely for the Project described in Exhibit A and shall not be
used for any other purpose. No Grant Funds will be disbursed for any changes to the Project unless
such changes are approved by OEM by amendment pursuant to Section 1 l.d hereof.
5. Reports. Failure of Subrecipient 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,termination
of this Agreement,or both.
i
1
�I
a. Performance Reports.
i. Subrecipient agrees to submit performance reports,using a form provided by OEM,on its
progress in meeting each of the agreed upon milestones. The narrative reports will address
specific information regarding the activities carried out under the FY 2016 Urban Area
Security Initiative program.
ii. Reports are due to OEM on or before the 30th day of the month following each subsequent
calendar quarter(ending on March 31,June 30, September 30,and December 31).
iii. Subrecipient may request from OEM prior written approval to extend a performance report
requirement past its due date. OEM,in its sole discretion,may approve or reject the request.
b. Financial Reimbursement Reports.
i. To receive reimbursement,Subrecipient must submit a signed Request for Reimbursement
(RFR), using a form provided by OEM that includes supporting documentation for all grant
expenditures. RFRs may be submitted monthly but no less frequently than quarterly during the
term of this Agreement. At a minimum,RFRs must be submitted on or before 30 days
following each subsequent calendar quarter(ending on March 31,June 30,September 30,and
December 31), and a final RFR must be submitted no later than 30 days following the end of
the grant period.
ii. Reimbursements for expenses will be withheld if performance reports are not submitted by the
specified dates or are incomplete.
iii. Reimbursement rates for travel expenses shall not exceed those allowed by the State of
Oregon. Requests for reimbursement for travel must supported q be with a detailed statement
identifying the person who traveled,the purpose of the travel, the dates,rimes,and places of
travel, and the actual expenses or authorized rates incurred.
iv. Reimbursements will only be made for actual expenses incurred during the Grant Award
Period provided in Section 1. Subrecipient agrees that no grant may be used for expenses
incurred before or after the Grant Award Period.
6. Disbursement and Recovery of Grant Funds.
a. Disbursement Generally. OEM shall reimburse eligible costs incurred in carrying out the
Project,up to the Grant Fund amount provided in Section 3. Reimbursements shall be made by
OEM upon approval by OEM of an RFR. Eligible costs are the reasonable and necessary costs
incurred by Subrecipient for the Project,in accordance with the Urban Area Security Initiative
program guidance and application materials, including without limitation the United States
Department of Homeland Security Notice of Funding Opportunity(NOFO), that are not excluded
from reimbursement by OEM,either by this Agreement or by exclusion as a result of financial
review or audit. The guidance, application materials and NOFO are available at
http://www.oregon.gov/OMD/0ENWages/plans—tmin/grant—info.aspx.
b. Conditions Precedent to Disbursement. OEM's obligation to disburse Grant Funds to
Subrecipient is subject to satisfaction,with respect to each disbursement,of each of the following
conditions precedent:
i. OEM has received funding,appropriations, limitations,allotments or other expenditure
authority sufficient to allow OEM, in the exercise of its reasonable administrative discretion,
to make the disbursement.
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ii. Subrecipient is in compliance with the terms of this Agreement including,without limitation,
Exhibit B and the requirements incorporated by reference in Exhibit B.
iii. Subrecipient's representations and warranties set forth in Section 7 hereof are true and correct
on the date of disbursement with the same effect as though made on the date of disbursement.
iv. Subrecipient has provided to OEM a RFR in accordance with Section 5.b of this Agreement.i
c. Recovery of Grant Funds. Any funds disbursed to Subrecipient under this Agreement that are
expended in violation or contravention of one or more of the provisions of this Agreement
("Misexpended Funds")or that remain unexpended on the earlier of termination or expiration of,
this Agreement("Unexpended Funds")must be returned to OEM. Subrecipient shall return all
Misexpended Funds to OEM promptly after OEM's written demand and no later than 15 days
after OEM's written demand.
7. Representations and Warranties of Subrecipient. Subrecipient represents and warrants to OEM as
follows: I
a. Organization and Authority. Subrecipient is a political subdivision of the State of Oregon and,is
eligible to receive the Grant Funds. Subrecipient has full power,authority,and legal right to make
this Agreement and to incur and perform its obligations hereunder,and the malting and
performance by Subrecipient of this Agreement(1)have been duly authorized by all necessary
action of Subrecipient and(2)do not and will not violate any provision of any applicable law,rule,
regulation,or order of any court,regulatory commission,board,or other administrative agency, 1
(3)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 Subrecipient is a party or by which Subrecipient or
any of its properties may be bound or affected. 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 Subrecipient of this Agreem i t.
b. Binding Obligation. This Agreement has been duly executed and delivered by Subrecipient and
constitutes a legal, valid and binding obligation of Subrecipient,enforceable in accordance with its
terms subject to the laws of bankruptcy,insolvency,or other similar laws affecting the
enforcement of creditors' rights generally.
c. No Solicitation. Subrecipient's officers,employees,and agents shall neither solicit nor accept
gratuities, favors,or any item of monetary value from contractors,potential contractors,or parties
to subagreements. No member or delegate to the Congress of the United States shall be admitW
to any share or part of this Agreement or any benefit arising therefrom.
d. NIMS Compliance. By accepting FY 2016 funds, Subrecipient certifies that it has met National
Incident Management System (NIMS)compliance activities outlined in the Oregon NIMS
Requirements located through OEM at
http://www,oregon.gov/OMD/OEM/Pages/plans_train/NIMS.aspx#Oregon_NIMS_Requireme Its.
The warranties set forth in this section are in addition to, and not in lieu of,any other warranties]
set forth in this Agreement or implied by law.
8. Records Maintenance and Access; Audit.
a. Records,Access to Records and Facilities. Subrecipient shall make and retain proper and
complete books of record and account and maintain all fiscal records related to this Agreement
3
and the Project in accordance with all applicable generally accepted accounting principles,
generally accepted governmental auditing standards and state minimum standards for audits of
municipal corporations. Subrecipient acknowledges and agrees,and Subrecipient will require its
contractors,subcontractors,sub-recipients(collectively hereafter"contractors"),successors,
transferees,and assignees to acknowledge and agree,to provide OEM,Oregon Secretary of State
(Secretary), Office of Inspector General(OIG),Department of Homeland Security(DHS),Federal
Emergency Management Agency(FEMA),or any of their authorized representatives,access to
records accounts,documents,information facilities and staff. Subrecipient and its contractors
must cooperate with any compliance review or complaint investigation by any of the above listed
agencies,providing them access to and the right to examine and copy records,accounts,and other
documents and sources of information related to the grant and permit access to facilities,
personnel,and other individuals and information as maybe necessary. The right of access is not
limited to the required retention period but shall last as long as the records are retained.
b. Retention of Records. Subrecipient shall retain and keep accessible all books,documents,
papers,and records that are directly related to this Agreement,the Grant Funds or the Project for
until the latest of(a)six years following termination,completion or expiration of this Agreement,
(b)upon resolution of any litigation or other disputes related to this Agreement,or(c)as required
by 2 CFR 200.333. It is the responsibility of Subrecipient to obtain a copy of 2 CFR Part 200, and
to apprise itself of all rules and regulations set forth.
c. Audits.
i. if Subrecipient expends$750,000 or more in Federal funds(from all sources) in its fiscal year,
Subrecipient shall have a single organization-wide audit conducted in accordance with the
provisions of 2 CFR 200 Subpart F. Copies of all audits must be submitted to OEM within 30
days of completion. If Subrecipient expends less than S 750,000 in its fiscal year in Federal
funds, Subrecipient is exempt from Federal audit requirements for that year. Records must be
available for review or audit by appropriate officials as provided in Section 8.a. herein.
ii. Audit costs for audits not required in accordance with 2 CFR 200 Subpart F are unallowable.
If Subrecipient did not expend$750,000 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.
iii. Subrecipient shall save, protect and hold harmless the OEM from the cost of any audits or
special investigations performed by the Secretary or any federal agency with respect to the
funds expended under this Agreement. Subrecipient acknowledges and agrees that any audit
costs incurred by Subrecipient as a result of allegations of fraud,waste or abuse are ineligible
for reimbursement under this or any other agreement between Subrecipient and the State of
Oregon.
9. Subrecipient Procurements; Property and Equipment Management and Records;
Subcontractor Indemnity and Insurance
a. Subagreements. Subrecipient may enter into agreements(hereafter"subagreements")for
performance of the Project. Subrecipient shall use its own procurement procedures and
regulations,provided that the procurement conforms to applicable Federal and State law
(including without limitation ORS chapters 279A, 279B,279C, and that for contracts for more
than$150,000,the contract shall address administrative,contractual or legal remedies for violation
or breach of contract terms and provide for sanctions and penalties as appropriate, and for
4
contracts for more than$10,000 address termination for cause or for convenience including the ;
manner in which termination will be effected and the basis for settlement).
I
i. Subrecipient shall provide to OEM copies of all Requests for Proposals or other solicitations;
for procurements anticipated to be for$100,000 or more and to provide to OEM, upon request
by OEM, such documents for procurements for less than$100,000. Subrecipient shall include
with its RFR a list of all procurements issued during the period covered by the report.
ii. All subagreements,whether negotiated or competitively bid and without regard to dollar value,
shall be conducted in a manner that encourages fair and open competition to the maximum
practical extent possible. All sole-source procurements in excess of$100,000 must receive
prior written approval from OEM in addition to any other approvals required by law applicable
to Subrecipient. Justification for sole-source procurement in excess of$100,000 should
include a description of the program and what is being contracted for, an explanation of why�it
is necessary to contract noncompetitively,time constraints and any other pertinent
information. Interagency agreements between units of government are excluded from this
provision.
iii. Subrecipient 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,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 OEM.
iv. Subrecipient agrees that,to the extent it uses contractors,such contractors shall use small,
minority,women-owned or disadvantaged business concerns and contractors or subcontractors
to the extent practicable.
I
b. Purchases and Management of Property and Equipment; Records. Subrecipient agrees to
comply with all applicable federal requirements referenced in Exhibit B, Section II.C.1 to this
Agreement and procedures for managing and maintaining records of all purchases of property and
equipment will,at a minimum,meet the following requirements:
i. All property and equipment purchased under this agreement,whether by Subrecipient or a
contractor,will be conducted in a manner providing full and open competition and in
accordance with all applicable procurement requirements,including without limitation ORS
chapters 279A,279B,279C,and purchases shall be recorded and maintained in Subrecipien's
property or equipment inventory system.
ii. Subrecipient's property and equipment records shall include: a description of the property
equipment;the manufacturer's serial number,model number,or other identification numb
the source of the property or equipment,including the Catalog of Federal Domestic Assi ce
(CFDA) number; name of person or entity holding title to the property or equipment;the
acquisition date; cost and percentage of Federal participation in the cost;the location,use add
condition of the property or equipment; and any ultimate disposition data including the date sof
disposal and sale price of the property or equipment.
iii. A physical inventory of the property and equipment must be taken and the results reconciled)
with the property and equipment records at least once every two years.
iv. Subrecipient must develop a control system to ensure adequate safeguards to prevent loss,
damage,or theft of the property and equipment. Subrecipient shall investigate any loss,
damage, or theft and shall provide the results of the investigation to OEM upon request.
5
v. Subrecipient must develop,or require its contractors to develop, adequate maintenance
procedures to keep the property and equipment in good condition.
vi. If Subrecipient is authorized to sell the property or equipment, proper sales procedures must be
established to ensure the highest possible return.
vii. Subrecipient agrees to comply with 2 CFR 200.313 pertaining to use and disposal of
equipment purchased with Grant Funds,including when original or replacement equipment
acquired with Grant Funds is no longer needed for the original project or program or for other
activities currently or previously supported by a Federal agency.
viii. Subrecipient shall require its contractors to use property and equipment management
requirements that meet or exceed the requirements provided herein applicable to all property
and equipment purchased with Grant Funds.
ix. Subrecipient shall,and shall require its contractors to,retain,the records described in this
Section 9.b. for a period of six years from the date of the disposition or replacement or transfer
at the discretion of OEM. Title to all property and equipment purchased with Grant Funds
shall vest in Subrecipient if Subrecipient provides written certification to OEM that it will use
the property and equipment for purposes consistent with the State Homeland Security
Program.
c. Subagreement indemnity; Insurance. Subrecipient's subagreement(s)shall require the other
party to such subagreements(s)that is not a unit of local government as defined in ORS 190.003,if
any,to indemnify, defend,save and hold harmless OEM and its officers,employees and agents
from and against any and all claims,actions,liabilities,damages, losses,or expenses,including
attorneys' fees,arising from a tort,as now or hereafter defined in ORS 30.260,caused,or alleged
to be caused,in whole or in part,by the negligent or willful acts or omissions of the other party to
Subrecipient's subagreement or any of such party's officers,agents,employees or subcontractors
("Claims"). It is the specific intention of the Parties that OEM shall,in all instances,except for
Claims arising solely from the negligent or willful acts or omissions of OEM,be indemnified by
the other party to Subrecipient's subagreement(s)from and against any and all Claims.
Any such indemnification shall also provide that neither Subrecipient's contractor(s)nor any
attorney engaged by Subrecipient's contractor(s)shall defend any claim in the name of OEM or
any agency of the State of Oregon(collectively"State"),nor purport to act as legal representative
of the State or any of its agencies,without the prior written consent of the Oregon Attorney
General.The State may, at any time at its election,assume its own defense and settlement in the
event that it determines that Subrecipient's contractor is prohibited from defending State or that
Subrecipient's contractor is not adequately defending State's interests,or that an important
governmental principle is at issue or that it is in the best interests-of State to do so. State reserves
all rights to pursue claims it may have against Subrecipient's contractor if State elects to assume
its own defense.
Subrecipient shall require the other party,or parties, to each of its subagreements that are not units
of local government as defined in ORS 190.003 to obtain and maintain insurance of the types and
in the amounts provided in Exhibit C to this Agreement.
6
10.Termination
a. Termination by OEM. OEM may terminate this Agreement effective upon delivery of written I
notice of termination to Subrecipient,or at such later date as may be established by OEM in such
written notice, if:
i. Subrecipient fails to perform the Project within the time specified herein or any extension i
thereof or commencement,continuation or timely completion of the Project by Subrecipient is,
for any reason,rendered improbable,impossible,or illegal;or
ii. OEM fails to receive funding,appropriations,limitations or other expenditure authority
sufficient to allow OEM,in the exercise of its reasonable administrative discretion,to eontind e
to make payments for performance of this Agreement;or
iii. Federal or state laws,rules,regulations or guidelines are modified or interpreted in such a way
that the Project is no longer allowable or no longer eligible for funding under this Agreement;
or i
iv. The Project would not produce results commensurate with the further expenditure of funds;or
v. Subrecipient takes any action pertaining to this Agreement without the approval of OEM and
which under the provisions of this Agreement would have required the approval of OEM.
vi. OEM determines there is a material misrepresentation,error or inaccuracy in Subrecipient's
application.
b. Termination by Subrecipient. Subrecipient may terminate this Agreement effective upon
delivery of written notice of termination to OEM,or at such later date as may be established by
Subrecipient in such written notice,if:
i. The requisite local funding to continue the Project becomes unavailable to Subrecipient;or
ii. Federal or state laws,rules,regulations or guidelines are modified or interpreted in such a way
that the Project is no longer allowable or no longer eligible for funding under this Agreement.
i
c. Termination by Either Party. Either Party may terminate this Agreement upon at least ten dais
notice to the other Party and failure of the other Party to cure within the ten days,if the other Party
fails to comply with any of the terms of this Agreement. ?
d. Settlement upon Termination. Immediately upon termination under Sections 10.a.i,v.or vi,no
Grant Funds shall be disbursed by OEM and Subrecipient shall return to OEM Grant Funds
previously disbursed to Subrecipient by OEM in accordance with Section 6.c and the terminating
party may pursue additional remedies in law or equity. Termination of this Agreement does noti
relieve Subrecipient of any other term of this Agreement that may survive termination,including
without limitation Sections l La and c.
11. GENERAL PROVISIONS
a. Contribution. If any third party makes any claim or brings any action,suit or proceeding alleging
a tort as now or hereafter defined in ORS 30.260("Third Party Claim")against OEM or
Subrecipient with respect to which the other Party may have liability,the notified Party must
promptly notify the other Party in writing of the Third Party Claim and deliver to the other Party, a
copy of the claim,process, and all legal pleadings with respect to the Third Party Claim. Each
Party is entitled to participate in the defense of a Third Party Claim, and to defend a Third Party
Claim with counsel of its own choosing.Receipt by a Party of the notice and copies required in
this paragraph and meaningful opportunity for the Party to participate in the investigation,defense
and settlement of the Third Party Claim with counsel of its own choosing are conditions precedent
to that Party's liability with respect to the Third Party Claim.
With respect to a Third Party Claim for which OEM is jointly liable with Subrecipient(or would
be if joined in the Third Party Claim),OEM shall contribute to the amount of expenses(including
attorneys' fees),judgments,fines and amounts paid in settlement actually and reasonably incurred
and paid or payable by Subrecipient in such proportion as is appropriate to reflect the relative fault
of OEM on the one hand and of Subrecipient on the other hand in connection with the events
which resulted in such expenses,judgments, fines or settlement amounts,as well as any other
relevant equitable considerations.The relative fault of OEM on the one hand and of Subrecipient
on the other hand shall be determined by reference to,among other things,the Parties'relative
intent, knowledge, access to information and opportunity to correct or prevent the circumstances
resulting in such expenses,judgments, fines or settlement amounts. OEM's contribution amount in
any instance is capped to the same extent it would have been capped under Oregon law,including
the Oregon Tort Claims Act,ORS 30.260 to 30.300,if OEM had sole liability in the proceeding.
With respect to a Third Party Claim for which Subrecipient is jointly liable with OEM(or would
be if joined in the Third Party Claim), Subrecipient shall contribute to the amount of expenses
(including attorneys' fees),judgments, fines and amounts paid in settlement actually and
reasonably incurred and paid or payable by OEM in such proportion as is appropriate to reflect the
relative fault of Subrecipient on the one hand and of OEM on the other hand in connection with
the events which resulted in such expenses,judgments,fines or settlement amounts,as well as any
other relevant equitable considerations. The relative fault of Subrecipient on the one hand and of
OEM on the other hand shall be determined by reference to,among other things,the Parties'
relative intent,knowledge, access to information and opportunity to correct or prevent the
circumstances resulting in such expenses,judgments,fines or settlement amounts. Subrecipient's
contribution amount in any instance is capped to the same extent it would have been capped under
Oregon law,including the Oregon Tort Claims Act,ORS 30.260 to 30.300,if it had sole liability
in the proceeding.
b. Dispute Resolution, The Parties shall attempt in good faith to resolve any dispute arising out of
this Agreement. In addition,the Parties may agree to utilize a jointly selected mediator or
arbitrator(for non-binding arbitration) to resolve the dispute short of litigation. Each party shall
bear its own costs incurred under this Section I Lb.
c. Responsibility for Grant Funds. Any Subrecipient of Grant Funds,pursuant to this Agreement
with OEM, shall assume sole liability for that Subrecipient's breach of the conditions of this
Agreement, and shall,upon such recipient's breach of conditions that requires OEM to return
funds to the FEMA,hold harmless and indemnify OEM for an amount equal to the funds received
under this Agreement;or if legal limitations apply to the indemnification ability of the
Subrecipient of Grant Funds, the indemnification amount shall be the maximum amount of funds
available for expenditure, including any available contingency funds or other available non-
appropriated funds, up to the amount received under this Agreement.
d. Amendments. This Agreement may be amended or extended only by a written instrument signed
by both Parties and approved as required by applicable law.
8
e. Duplicate Payment. Subrecipient is not entitled to compensation or any other form of duplicate,
overlapping or multiple payments for the same work performed under this Agreement from any
agency of the State of Oregon or the United States of America or any other party,organization or
individual.
L No Third Party Beneficiaries. OEM and Subrecipient are the only Parties to this Agreement ,
and are the only Parties entitled to enforce its terms. Nothing in this Agreement gives,is intended
to give,or shall be construed to give or provide any benefit or right,whether directly or indirectl1k
to a third person unless such a third person is individually identified by name herein and expressly
described as an intended beneficiary of the terms of this Agreement.
Subrecipient acknowledges and agrees that the Federal Government,absent express written
consent by the Federal Government, is not a party to this Agreement and shall not be subject to ,
any obligations or liabilities to Subrecipient,contractor or any other party(whether or not a party
to the Agreement)pertaining to any matter resulting from the this Agreement.
g. 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, I
facsimile,email or mailing the same by registered or certified mail,postage prepaid to
Subrecipient or OEM at the appropriate address or number set forth on the signature page 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 m4 it
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. Any communication by email shall be deemed to be given i
when the recipient of the email acknowledges receipt of the email. The parties also may
communicate by telephone,regular mail or other means,but such communications shall not be I
deemed Notices under this Section unless receipt by the other party is expressly acknowledged iu
writing by the receiving party.
h. Governing Law,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 taw.
Any claim,action,suit or proceeding(collectively,"Claim")between OEM(or any other agency
or department of the State of Oregon) and Subrecipient that arises from or relates to this i
Agreement shall be brought and conducted solely and exclusively within the Circuit Court of
Marion County in the State of Oregon. In no event shall this section be construed as a waiver by
the State of Oregon of any form of defense or immunity,whether sovereign immunity,
governmental immunity, immunity based on the eleventh amendment to the Constitution of the
United States or otherwise,from any Claim or from the jurisdiction of any court. Each party
hereby consents to the exclusive jurisdiction of such court,waives any objection to venue,and
waives any claim that such forum is an inconvenient forum.
i. Compliance with Law. Subrecipient shall comply with all federal,state and local laws,
regulations, executive orders and ordinances applicable to the Agreement or to the implementation
of the Project, including without limitation as described in Exhibit B.
J. Insurance; Workers' Compensation. All employers, including Subrecipient,that employ i
subject workers who provide services in the State of Oregon shall comply with ORS 656.017 anal
provide the required Workers' Compensation coverage,unless such employers are exempt under
ORS 656.126. Employer's liability insurance with coverage limits of not less than $500,000 must
9
be included. Subrecipient shall ensure that each of its subrecipient(s),contractor(s),and
subcontractor(s)complies with these requirements.
k. Independent Contractor. Subrecipient shall perform the Project as an independent contractor
and not as an agent or employee of OEM. Subrecipient has no right or authority to incur or create
any obligation for or legally bind OEM in any way. Subrecipient acknowledges and agrees that
Subrecipient is not an"officer","employee",or"agent'of OEM,as those terms are used in ORS
30.265,and shall not make representations to third parties to the contrary.
1. 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.
in. Counterparts. This Agreement may be executed in two or more counterparts(by facsimile or
otherwise),each of which is an original and all of which together are deemed one agreement
binding on all Parties,notwithstanding that all Parties are not signatories to the same counterpart.
n. Integration and Waiver. This Agreement,including all Exhibits and referenced documents,
constitutes the entire agreement between the Parties on the subject matter hereof. There are no
understandings,agreements,or representations,oral or written,not specified herein regarding this
Agreement. The delay or failure of either Party to enforce any provision of this Agreement shall
not constitute a waiver by that Party of that or any other provision. Subrecipient,by the signature
below of its authorized representative,hereby acknowledges that it has read this Agreement,
understands it,and agrees to be bound by its terms and conditions.
THE PARTIES,by execution of this Agreement,hereby acknowledge that each Party has read this
Agreement, understands it, and agrees to be bound by its terms and conditions.
SIGNATURE PAGE TO FOLLOW
10
CITY OF POR' ND OEM
By By _
Name �17�/L�� Matthew T.Marheine
(printed) —`— Operations and Preparedness Section Manager,OEM
Date
Date
APPROVAL FOR LEGAL SUFFICIENCY
APPROVED AS TO LEGAL SUFFICIENCY
(If required for Subrecipient) By Marvin D. Fjordbeck
APPROVED AS TO FORM Senior Assistant Attorney General
13y
- --- --
Subrceipient'3 Cegal noun,-1 Date February 27, 2417
CITY ATTORN}/E�Y/�
Date ____--- =7 OEM Program Contact:
Sidra Metzger-Hines
Subrecipient Program Contact: Grants Coordinator
Carmen Merlo Oregon Military Department
Bureau Director Office of Emergency Management
Poilland Bureau of Emergency Management PO Box 14370
9911 SE Bush St Salem, OR 97309-5062
Portland,OR 97266 503-378-3661
503-823-2691 sidra.inetzgei-hines@state.or.us
camien.merlo(asportlandoregon.gov
OEM Fiscal Contact:
Subrecipient Fiscal Contact: Angela Creasey
Keren Ceballos Senior Grants Accountant
Finance Manager
Oregon Military Department
Portland Bureau of Emergency Management Office of Emergency Management
9911 SE Bush St PO Box 14370
Portland,OR 97266 Salem,OR 97309-5062
503-823-4187 503-378-3316
keren.ceballosC41)ortla ndoregon.gov
angela.creascy@state.or.us
11
Exhibit A
Grant No: 16-170
Subrecipient: City of Portland
I. Project Description
Project Title: Urban Area Security Initiative
This grant supports regional urban area projects selected by the Regional Disaster Preparedness
Organization (RDPO)as vital to the regional preparedness, response and recovery efforts.
II. Investments/Projects
Management and Administration $ 138,100
Planning-Collaborative and Regional
• Program Delivery Costs $ 129,500
• Regional Staffing $ 189,208
• Regional Citizen Corps Programming $ 12,780
• Recovery Planning $ 240,000
• Hazard Mitigation Public Outreach $ 75,000
Training
• Regional Citizen Corps Training $ 48,715
• Tactical Medical Training $ 77,159
• USAR Operations Training $ 369,947
Exercise
• Fuel Management Exercise $ 50,000
• Shipboard Security Threat& Emergency Response $ 100,000
Information Technology
• Regional Information Sharing Enhancements $ 500,000
• MCSO Map-Downlink System $ 579,000
• WCSO Video Downlink for Air Support $ 55,000
Other Authorized Equipment
• Misc. CERT Equipment&Supplies $ 90,591
• Regional Mass Fatality Morgue Operations&
• Field Equipment $ 167,000
Total $2,822,000
12
EXHIBIT B
Federal Requirements and Certifications
I. General. Subrecipient agrees to comply with all federal requirements applicable to this Agreement,
including without limitation financial management and procurement requirements and 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), Department of Homeland Security(DHS)program legislation, and
DHS/Federal Emergency Management Agency(FEMA)program regulations and requirements.
II. Specific Requirements and Certifications
A. Debarment,Suspension,Ineligibility and Voluntary Exclusion.Subrecipient 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(2 CFR 200.213).
B. Standard Assurances and Certifications Regarding Lobbying.Subrecipient is required to
comply with 2 CFR 200.450 and the authorities cited therein,including 31 USC § 1352 and New
Restrictions on Lobbying published at 55 Federal Register 6736(February 26, 1990.
C. Compliance with Applicable Federal Law. Subrecipient agrees to comply with all applicable)
laws, regulations,program guidance,the Federal Government in the performance of this
Agreement,including but not limited to:
1. Administrative Requirements set forth in 2 CFR Part 200,including without limitation:
a. Using Grant Funds only in accordance with applicable cost principles described in 2 CFI
Subpart E, including that costs allocable to this Grant may not be charged to other Federal
awards to overcome fund deficiencies,to avoid restrictions imposed by federal statutes,
regulations or the terms of federal awards or other reasons;
b. Subrecipient must establish a Conflict of Interest policy applicable to any procurement
contract or subawards made under this Agreement in accordance with 2 CFR 200.112.
Conflicts of interest must be disclosed in writing to the OEM within 5 calendar days of
discovery including any information regarding measures to eliminate,neutralize,mitigate
or otherwise resolve the conflict of interest.
2. USA Patriot Act of 2001, which amends 18 USC§§ 175-175c.
3. Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 USC 2225(a).
4. False Claims Act&Program Fraud Civil Remedies, 31 USC 3729,prohibiting recipients of!
federal payments from submitting a false claim for payment. See 38 USC 3801-3812 detailing
administrative remedies for false claims and statements made.
5. Whistleblower Protection Act, 10 USC §§ 2409 and 2324 and 41 USC §§4712,4304 and
4310 requiring compliance with whistleblower protections,as applicable.
6. No supplanting. Grant Funds under this Agreement shall not replace funds that have been
budgeted for the same purposes through non-Federal sources. Subrecipient may be required to
demonstrate and document that a reduction in non-Federal resources occurred for reasons other
than receipt or expected receipt of Federal funds. Any project cost allocable to this Agreement
13
I
may not be charged to other Federal awards to overcome fund deficiencics,to avoid
restrictions imposed by Federal statutes, regulations,or terms and conditions of the Federal
awards,or for other reasons.
D. Non-discrimination and Civil Rights Compliance,Equal Employment Opportunity
Program,and Services to Limited English Proficient(LEP) Persons.
1. Non-discrimination and Civil Rights Compliance. Subrecipicnt,and all its contractors and
subcontractors, assures compliance with all applicable nondiscrimination laws, including but
not limited to:
a. Title VI of the Civil Rights Act of 1964,42 USC §2000d et seq.,as amended,and related
nondiscrimination regulations in 6 CFR Part 21 and 44 CFR Part 7.
b. Title VIII of the Civil Rights Act of 1968,42 USC§ 3601, as amended, and implementing
regulations at 6 CFR Part 21 and 44 CFR Part 7.
c. Titles I,II,and III of the Americans with Disabilities Act of 1990,as amended,42 USC §§
12101 — 12213.
d. Age Discrimination Act of 1975,42 USC §6101 et seq.
e. Title IX of the Education Amendments of 1972,as amended, 20 USC § 1681 et seq.
E Section 504 of the Rehabilitation Act of 1973,as amended,29 USC § 794,as amended.
g. If,during the past three years,Subrecipient has been accused of discrimination on the
grounds of race, color,national origin(including limited English proficiency),sex,age,
disability,religion,or familial status,Subrecipient must provide a letter certifying that all
documentation of such proceedings,pending or completed,including outcome and copies
of settlement agreements will be made available to OEM upon request. In the event any
court or administrative agency makes a finding of discrimination on grounds of race,color,
national origin(including limited English proficiency), sex,age,disability, religion,or
familial status against Subrecipient,or Subrecipient settles a case or matter alleging such
discrimination, Subrecipient must forward a letter to OEM summarizing the finding and
making a copy of the complaint and findings available to OEM.
2. Services to Limited English Proficient(LEP)Persons. Subrecipient, and any of its
contractors and subcontractors agrees to comply with the requirements Title VI of the Civil
Rights Act of 1964 and Executive Order 13166, improving Access to Services for Persons
with Limited English Proficiency,and resulting agency guidance,national origin and resulting
agency guidance, national origin discrimination includes discrimination on the basis of LEP.
To ensure compliance with Title VI, Subrecipient must take reasonable steps to ensure that
LEP persons have meaningful access to your programs. Meaningful access may entail
providing language assistance services,including oral and written translation,where
necessary. Subrecipient is encouraged to consider the need for language services for LEP
persons served or encountered both in developing budgets and in conducting programs and
activities. For assistance additional information regarding LEP obligations,please see
http://www.lep.gov,
14
F. Procurement of Recovered Materials. Subrecipient must comply with Section 6002 of the
Solid Waste Disposal Act, as amended by the Resource Recovery and Conservation Act and in
accordance with Environmental Protection Agency guidelines at 40 CFR Part 247.
G. SAFECOM. If the Grant Funds are for emergency communication equipment and related
activities, Subrecipient must comply with SAFECOM Guidance for Emergency Communication'
Grants, including provisions on technical standards that ensure and enhance interoperable
communications.
H. Drug Free Workplace Requirements. Subrecipient agrees to comply with the requirements of
the Drug-Free Workplace Act of 1988,41 USC § 701 et seq.,as amended,and implementing
regulations at 2 CFR Part 3001 which require that all organizations receiving grants(or subgrants)
from any Federal agency agree to maintain a drug-free workplace.Subrecipient must notify this
office if an employee of Subrecipient is convicted of violating a criminal drug statute. Failure t .
comply with these requirements may be cause for debarment.
i
I
I. Human Trafficking(2 CFR Part 175). Subrecipient must comply with requirements of Section
106(8)of the Trafficking Victims Protection Act of 2000,22 USC § 7104,as amended and 2 CFR
§ 175.15.
J. Fly America Act of 1974. Subrecipient agrees to comply with the requirements of the Preference
for U.S. Flag Air Carriers: (air carriers holding certificates under 49 USC §41102)for
international air transportation of people and property to the extent that such service is availablq
in accordance with the International Air Transportation Fair Competitive Practices Act of 1974,as
amended,(49 USC §40118)and the interpretative guidelines issued by the Comptroller General
of the United States in the March 31, 1981,amendment to the Comptroller General Decision
B138942.
K Activities Conducted Abroad. Subrecipient agrees to comply with the requirements that project
activities carried on outside the United States are coordinated as necessary with appropriate
government authorities and that appropriate licenses, permits,or approvals are obtained.
L. Acknowledgement of Federal Funding from DHS. Subrecipient agrees to comply with
requirements to acknowledge Federal funding when issuing statements,press releases,requests for
proposals,bid invitations,and other documents describing projects or programs funded in whole
or in part with Federal funds.
M. Copyright. Subrecipient shall affix the applicable copyright notices of 17 USC §401 or 402 and
an acknowledgement of Government sponsorship(including Subgrant number)to any work first
produced under an award unless the work includes any information that is otherwise controlled by
the Government(e.g.,classified information or other information subject to national security or I
export control laws or regulations). For any scientific,technical,or other copyright work based on
or containing data first produced under this Agreement,including those works published in j
academic,technical or professional journals,symposia proceedings,or similar works,Subrecipient
grants the Government a royalty-free,nonexclusive and irrevocable license to reproduce,displa�,
distribute copies,perform,disseminate,or prepare derivative works,and to authorize others to do
so,for Government purposes in all such copyrighted works.
I
15
N. Patents and Intellectual Property Rights. Unless otherwise provided by law, Subrecipient is
subject the Bayh-Dole Act,35 USC § 200 et seq.,as amended, including requirements governing
the development,reporting and disposition of rights to inventions and patents resulting from
financial assistance awards,37 CFR Part 401,and the standard patent rights clause in 37 CFR§
401.14.
O. Use of DHS Seal,Logo and Flags. Subrecipient agrees to obtain DHS's approval prior to using
the DHS seal(s), logos,crests or reproductions of flags or likenesses of DHS agency officials,
including use of the United States Coast Guard seal,logo,crests or reproductions of flags or
likenesses of Coast Guard officials.
P. Personally Identifiable Information(PII). Subrecipient,if it collects P11,is required to have a
publieally available privacy policy that described what PII they collect,how they use it,whether
they share it with third parties and how individuals may have their PH corrected where
appropriate.
Q. Federal Debt Status. Subrecipient shall be non-delinquent in its repayment of any federal debt.
Examples of relevant debt include delinquent payroll and other taxes,audit disallowances,benefit
overpayments and any amounts due under Section l Lc of this Agreement. See OMB Circular A-
129 for additional information and guidance.
R. Energy Policy and Conservation Act. Subrecipient must comply with the requirements of 42
USC § 6201 which contains policies relating to energy efficiency that are defined in the state
energy conservation plan issues in compliance with the Act.
S. Lobbying Prohibitions. Subrecipient must comply with 31 USC §1352, which provides that none
of the funds provided under an award may be expended by the subrecipient to pay any person to
influence,or attempt to influence and officer or employee of any agency, a Member of Congress,
an officer or employee of Congress,or an employee of a Member of Congress in connection with
any Federal action concerning the award or renewal.
T. Terrorist Financing. Subrecipient must comply with US Executive Order 13224 and US law that
prohibits transactions with, and the provisions of resources and support to,individuals and
organizations associated with terrorism. It is the legal responsibility of Subrecipients to ensure
compliance with the EO and laws
16
EXHIBIT C
Subagreement Insurance Requirements
GENERAL.
Subrecipient shall require in its first tier subagreements with entities that are not units of local
government as defined in ORS 190.003,if any,to: i) obtain insurance specified under TYPES AND;
AMOUNTS and meeting the requirements under ADDITIONAL INSURED,"TAIL"COVERAGE,
NOTICE OF CANCELLATION OR CHANGE,and CERTIFICATES OF INSURANCE before
performance under the subagreement commences,and ii)maintain the insurance in full force
throughout the duration of the subagreement. The insurance must be provided by insurance
companies or entities that are authorized to transact the business of insurance and issue coverage in
the State of Oregon and that are acceptable to State. Subrecipient shall not authorize work to begin
under subagreements until the insurance is in full force. Thereafter, Subrecipient shall monitor
continued compliance with the insurance requirements on an annual or more frequent basis.
Subrecipient shall incorporate appropriate provisions in the subagreement permitting it to enforce
compliance with the insurance requirements and shall take all reasonable steps to enforce such
compliance. In no event shall Subrecipient permit work under a subagreement when Subrecipient is
aware that the contractor is not in compliance with the insurance requirements. As used in this secttkn,
"first tier"means a subagreement in which Subrecipient is a Party.
i
TYPES AND AMOUNTS. �
i. WORKERS COMPENSATION. Insurance in compliance with ORS 656.017,which requires all
employers that employ subject workers,as defined in ORS 656.027,to provide workers'
compensation coverage for those workers,unless they meet the requirement for an exemption undea
ORS 656.126(2). Employers' liability insurance with coverage limits of not less than$500,000 must
be included.
ii.COMMERCIAL GENERAL LIABILITY.
Commercial General Liability Insurance covering bodily injury,death,and property damage in a foim
and with coverages that are satisfactory to State.This insurance shall include personal injury liability,
products and completed operations. Coverage shall be written on an occurrence form basis,with not
less than the following amounts as determined by OEM:
I
Bodily Injury, Death and Property Damage:
$500,000 per occurrence, (for all claimants for claims arising out of a single accident or occurrence).
iii. AUTOMOBILE Liability Insurance: Automobile Liability.
Automobile Liability Insurance covering all owned, non-owned and hired vehicles. This coverage
may be written in combination with the Commercial General Liability Insurance(with separate limits
for"Commercial General Liability"and"Automobile Liability").Automobile Liability Insurance
must be in not less than the following amounts as determined by OEM:
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17
j
Bodily Injury, Death and Property Damage:
$500,000 per occurrence(for all claimants for claims arising out of a single accident or occurrence).
ADDITIONAL INSURED. The Commercial General Liability Insurance and Automobile Liability
insurance must include OEM,its officers,employees and agents as Additional Insureds but only with
respect to the contractor's activities to be performed under the Subcontract. Coverage must be
primary and non-contributory with any other insurance and self-insurance.
"TAIL"COVERAGE. If any of the required insurance policies is on a"claims made"basis,such as
professional liability insurance, the contractor shall maintain either"tail"coverage or continuous
"claims made"liability coverage,provided the effective date of the continuous"claims made"
coverage is on or before the effective date of the Subcontract,for a minimum of 24 months following
the later of: (i)the contractor's completion and Subrecipient's acceptance of all Services required
under the Subcontract or, (ii) the expiration of all warranty periods provided under the Subcontract.
Notwithstanding the foregoing 24-month requirement,if the contractor elects to maintain"tail"
coverage and if the maximum time period"tail"coverage reasonably available in the marketplace is
less than the 24-month period described above,then the contractor may request and OEM may grant
approval of the maximum"tail"coverage period reasonably available in the marketplace. If OEM
approval is granted,the contractor shall maintain"tail"coverage for the maximum time period that
"tail"coverage is reasonably available in the marketplace.
NOTICE OF CANCELLATION OR CHANGE. The contractor or its insurer must provide 30 days'
written notice to Subrecipient before cancellation of,material change to,potential exhaustion of
aggregate limits of,or non-renewal of the required insurance coverage(s).
CERTIFICATES)OF INSURANCE. Subrecipient shall obtain from the contractor a certificate(s)of
insurance for all required insurance before the contractor performs under the Subcontract.The
certificate(s)or an attached endorsement must specify:i)all entities and individuals who are endorsed
on the policy as Additional Insured and ii) for insurance on a"claims made"basis,the extended
reporting period applicable to"tail"or continuous"claims made"coverage.
18
Exhibit D
Information required by 2 CFR 200.331(a)
I, Federal Award Identification:
(i) Sub-recipient name(which must match registered name in DUNS): City of Portland
(ii) Sub-recipient's DUNS number: 054971197
(iii) Federal Award Identification Number(FAIN): EMW-2016-SS-00089-SOI
(iv) Federal Award Date: September 01,2016
(v) Sub-award Period of Performance Start and End Date: From September 15,2016 to May 30,2019
(vi) Amount of Federal Funds Obligated by this Agreement: $2,822,000
(vii) Total Amount of Federal Funds Obligated to the Subrecipient by the pass-tbrough entity incluing
.
this a8i' *.Bement $3,248,017
(viii) Total Amount of Federal Award committed to the Subrecipent by the pass-through entity:
$2,958,536
(ix) Federal award project description: The Urban Area Security Initiative Grant plays an important
role in the implementation of the National Preparedness System by supporting the building,
sustainment,and delivery of core capabilities in the Portland regional area essential to achieving
the National Preparedness Goal of a secure and resilient Nation.
(x) (a) Name of Federal awarding agency: U.S.Department of Homeland Security, Federal
Emergency Management Agency(FEMA)
(b) Name of Pass-through entity: Oregon Military Department, Office of Emergency
Management
(c) Contact information for awarding official: Andrew Phelps,Director—Oregon Office of
Emergency Management, PO Box 14370, Salem,OR 97309-5062
(xi) CFDA Number and Name: 97.067 Homeland Security Grant Program
Amount: $6,799,000
(xii) Is Award R&D? No
(xiii) Indirect cost rate for the Federal award: 0%
2. Subrecipient's indirect cost rate: 0%
*The Total amount of Federal Funds Obligated to the Subrecipient by the pass-through entity is the Total
Amount of Federal Funds Obligated to the Subrecipient by the pass-through entity during the current
fiscal year. '
19
ATTACHMENT 2
Final: Approved at April 11, 2012 Steering Committee Meeting
Standard Operating Procedure
Urban Areas Security Initiative (UASI) Program Management
Under the Regional Disaster Preparedness Organization (RDPO)
The Portland Urban Area(PUA) includes the City of Portland,Clackamas,Columbia,Multnomah and
Washington Counties in Oregon,and Clark County in Washington.The federal Urban Areas Security
Initiative(UASI)was established in 2003 and awarded grant funds to the PUA to enhance the
regional capability to prevent and reduce its vulnerability to a range of hazards.
The Regional Disaster Preparedness Organization (RDPO) serves as the Urban Area Working Group
(UAWG),the governance structure to set direction and oversee implementation of the UASI
Program in the PUA.The fiscal agent for the Portland UASI Program is the City of Portland and the
assigned Point of Contact(POC)is the Director of the Portland Bureau of Emergency Management
(PBEM).
These standard operating procedures govern the coordination, development and implementation
of all UASI program initiatives.
I. Composition, Roles and Responsibilities
The RDPO/UAWG is comprised of six organizational components:
■ Policy Committee (PC)
• Steering Committee(SC)
■ Program Committee(PrC)
• Grants and Finance Committee(GFC)
• Working Groups(WG)
■ Grant Administrator/Point of Contact(GA/POC)
A. Policy Committee(PC)— Composition includes 17 elected officials: one representative
from each of the five counties, the City of Portland, Metro, and 10 Cities(two per
county).The PC is responsible for:
■ Endorsing and supporting the Portland Urban Area Homeland Security Strategy
(PUAHSS) and priorities,as developed by the Steering Committee.
■ Providing political leadership to develop and pursue regional disaster
preparedness policies and future vision for the PUA influenced in part by the
UASI grant program outcomes and experience (e.g., Program Review).
• Providing oversight to the UASI evaluation process to determine the
effectiveness and impact of the UASI program in meeting its goals and
objectives.
• Advising on issues brought forward by the Steering Committee.
B. The Steering Committee(SC) — Composition includes up to 18 executive level
members: one representative from each of the five counties and the City of Portland,
the Chair of the PrC,one representative each for law enforcement, fire/EMS, public
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safety communications,and public health, two representatives for public works and up
to five at-large representatives(private and non-profit sector representatives,as well as
additional public sector representation).The SC sis responsible for:
■ Informing the PC on UASI grant matters.
■ Reviewing, managing and updating the RDPO strategy and PUAHSS, as needed.
• Adopting and maintaining grant management policies and procedures.
■ Providing the PrC with strategic direction(priorities)for project development
and funding allocations.
■ Giving final approval of grant applications.
■ Ensuring grant funds are utilized strategically,efficiently and effectively(i.e.,
maximum program impact, sound utilization of resources).
■ Approving reallocation and reprogramming requests that involve a major
change of scope from the original project or an entirely new project of$20,000
or more.
■ Resolving grant issues forwarded by the PrC.
C. The Program Committee(PrC)— Composition includes the chairs of the WGs or their
designees.The PrC is responsible for:
■ Vetting project proposals from all WGs for applications and reprogramming
processes.
• Determining the package of projects and initiatives to recommend to the SC for
approval—i.e., inclusion in the UASI grant application(new funding cycle).
• Making decisions on funding allocations, reallocations and reprogramming
requests greater than$10,000.
■ Implementing the RDPO strategy and PUAHSS.
■ Providing progress reports to the SC.
D. Grants and Finance Committee(GFC)—Composition includes one representative each
from the City of Portland's Office of Management and Finance, PBEM grants and finance
and the Oregon State Administrative Agency(SAA), and two to three selected regional
staff representatives.The GFC is responsible for:
• Ensuring that all proposals align with the RDPO strategy and the PUAHSS.
• Reviewing all project proposals for compliance with regional, state and federal
program guidance.
• Reviewing all budgets for compliance with city, state and federal requirements.
• Providing financial expenditure reports, including grant burn rates,to the
Program Committee, Steering Committee,et al. (Note:the GFC Chair will
provide support on questions of a financial data or compliance nature.)
• Making decisions on funding allocations less than$10,000.
E. Work Group(WG)— Composition includes representatives from all
interested/participating jurisdictions/disciplines. Some WGs are discipline focused while
others may be capability or project focused.The WGs are responsible for:
■ Developing project proposals for recommendation to the PrC.
• Managing projects.
■ Providing progress reports to the PrC and GFC.
• Implementing the RDPO strategy and PUAHSS.
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Final: Approved at April 11, 2012 Steering Committee Meeting
F. Grant Administrator/Point of Contact(GA/POC) —The UASI GA/POC represents the
fiscal agent,the City of Portland, and is responsible for communication and coordination
with the SAA, Oregon Emergency Management(OEM). The GA/POC does not have
decision-making authority over the contents of grant applications, including which
projects are contained within, but is responsible for ensuring grant compliance and
sound fiduciary performance. Specifically,the GA/POC is responsible for:
• Liaising between the RDPO and the SAA on all UASI matters, and submitting
proposals and reports to the SAA.
• Supporting the Grants and Finance Committee in the discharge of its duties.
11. Decision Making Process
A. Decisions are made using a consensus model that assumes all members can and will
support decisions made by the group.
B. Before a committee/group decision is considered final,the chair of the committee/group
tests consensus by asking if any member is unable to support the decision.
C. If consensus cannot be reached,a vote occurs. Each member in attendance is entitled to
one vote.WG co-chairs must select one person to represent their working group's vote on
the PrC.(Additional details for each committee/group are available in their specific SOPs).
D. The decision whether or not to vote on an issue is generally at the discretion of the chair.
However,any member may request a vote.
E. The results of the vote are documented in the notes from the meeting.
F. In some situations,it may not be possible to hold a meeting to decide an issue.For
example,a decision on a grant application may require a quick assessment to meet a
deadline. In these cases,group members may be asked to vote by other means such as an
online survey or email.When a vote is taken in this manner the chair shares the results of
the vote–and how each member voted–with the committee/group members.
III. Funding Methodology
A. Background
1. UASI grant funds are awarded by the U.S. Department of Homeland Security
(DHS)/Federal Emergency Management Agency(FEMA)on an annual basis.
2. The awards are made based on applications consisting of investment justifications
(initiatives) submitted by the PUA. Each investment justification represents one or
more related projects.
3. All projects must be supported by the Portland Urban Area Homeland Security
Strategy(PUAHSS)and be consistent with the purpose and specific requirements of
the UASI grant program.
4. All UASI grant sub-recipients are bound by contracts or intergovernmental
agreements that require compliance with all grant terms and conditions.
5. Awarded grant funds are managed by the RDPO/UAWG consistent with investment
justifications.
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Final: Approved at April 11, 2012 Steering Committee Meeting
6. Grant funds may be reallocated or reprogrammed to other projects(new or
existing), when appropriate, if the projects are consistent with the PUA's investment
justifications, support the PUAHSS and are approved by the RDPO/UAWG and,when
required, the State Administrative Agency(SAA).
B. Guiding Principles
1. All WGs and standing committees have equal access and opportunity to seek UASI
grant funding.
2. All jurisdictions that seek funding through the UASI grant program must be National
Incident Management System (NIMS) compliant.
3. Projects that provide multi-jurisdictional or multi-disciplinary benefit are given
preference over single agency or single jurisdiction requests.
4. Whenever possible, projects should provide regional benefit by reducing risk,
developing/supporting regional plans or developing/enhancing regional capabilities.
5. As the UASI administrative agency, all questions to state or federal government
partners about the eligibility of grant-funded projects or items shall be coordinated
by PREM.
6. All projects are subject to FEMA's Environmental Planning and Historic Preservation
(EHP) review. No funds will be allocated to or expended on a project until the
required EHP review has been completed and approved.
C. Allocation Process
1. Annual Grant Application and Award
a. Steering Committee
i. Develops priorities for the annual application (investment
justifications) based on the grant guidance, the RDPO Strategy,the
PUAHSS,and ongoing initiatives and projects.
ii. Develops the application timeline and assigns work to ensure
completion of the application by the grant submission deadline.
iii. Reviews and approves the application (narrative and budget) prior
to submission to the SAA and DHS/FEMA.
b. Program Committee
i. Vets all project proposals based on their benefit to the region,
linkage to the PUAHSS and ability to be completed during the grant
performance period.
ii. May develop proposals (including a narrative and budget) for
projects that overlap multiple WGs or for which there is no
responsible WG.
iii. Decides which projects and associated funding levels will be
recommended to the SC for inclusion in the application.
iv. Works with the GFC and regional staff to draft investment
justifications for submittal to the SC.
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Final: Approved at April 11, 2012 Steering Committee Meeting
v. Following the grant award,adjusts the budget if necessary and
submits it to the SC and GFC for review and submission to the SAA.
c. WGs/Standing Committees
i. Develop and prioritize committee or discipline-specific project
proposals, including project descriptions and budgets.
ii. Work with other WGs/standing committees to develop capability-
specific project proposals including project descriptions and
budgets.
iii. Submit project proposals to the PrC for consideration.
iv. Following final grant award and budget approval by the SAA,
develop more detailed budgets and submit them to the GFC for
review and approval.
d. UASI Regional Staff
L Support the WGs/standing committees with development of project
proposals.
ii. Work with the GFC to confirm the grant eligibility of project
proposals before submittal to the PrC.
iii. Draft investment justifications consistent with PrC and SC tasking.
iv. Combine individual investment justification budgets into a draft
overarching budget for the GFC to review.
D. Reallocation/Reprogramming Processes
1. Process for a funding reallocation request with no major change to the original
project scope (funds added to an approved project or moved from one approved
project to another approved project):
a. WGs identify budget shortfalls and overages and complete amendment
forms to request administrative movement of funds from one budget line to
another based on project requirements and activity.
b. The GFC acts on reallocation requests with no major change of scope under
$10,000. The GFC submits reallocation requests of$10,000 or greater to
the Program Committee for consideration.
c. The Program Committee takes action on reallocation requests of$10,000
and above.
d. The GA/POC submits approved reallocation requests above $10,000 to the
SAA for approval.
2. Process for a funding reallocation requests with a major change to the original
project scope(a request is made to use funding for a purpose other than originally
approved or a new project is proposed outside of the regular reprogramming
process):
a. WGs identify budget changes that are a result of a new project proposal or
a change of scope to the originally approved project.
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Final: Approved at April 11, 2012 Steering Committee Meeting
b. The GFC vets the proposal to ensure the project is eligible and the budget is
accurate.The GFC also reviews for compliance with city, state and federal
requirements.The GFC submits allowable proposals to the PrC for review
and approval.
c. The PrC takes action on reallocation requests below$20,000 and submits
requests above$20,000 to the SC for review.
d. The Steering Committee notifies the GFC of approved/denied requests.
e. The GA/POC submits approved reallocation requests above$10,000 to the
SAA for approval.
3. Process for reprogramming grant funding(the reassignment of funds to a newly
identified project consistent with the investment justification):
a. PrC Chair calls for all WGs to submit reprogramming project proposals and
detailed budgets.
b. The PrC reviews and acts on the reprogramming proposals and prioritizes
approved proposals for funding. Regional staff provides support in the
tracking of these projects and in completing and maintaining paperwork.
c. The GFC reviews all projects for eligibility and budgets for accuracy.
d. The PrC submits a summary report of the recommended proposals to the SC
for review and approval.
e. The GA/POC submits reprogramming requests approved by the SC to the
SAA for final approval.
Adopted:April 11, 2012
Approved: April 11, 2012
Steering Committee Chair Date
'Z�J ,r. eZ(is ( %Z
Steering Committe Vice-Chair Date
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