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Washington County - BCC 06-1184 Grant Award Urban Areas Security Initiative AMENDMENT This is the second amendment to an existing intergovernmental agreement.(IGA)between Washington County, Oregon(County) and the City of Tigard, Oregon(City) for the coordination of activities related to the purchase,of equipment, supplies, professional services, and training being funded by the United States Department of Homeland Security's Urban Areas.Security Initiative(UASI) grant program. A copy of the original IGA, identified as BCC #04-1266, and the previous amendment, identified as BCC #05-1094, are attached. Back2round Washington County entered into an agreement with the City on March 9, 2005 for management of FY-03 and FY-04 UASI grant funds awarded to the City. The agreement committed the County to coordinate grant-related procurement, reimbursement and reporting activities with the City and obligated the City to comply with the terms of the FY-03 and FY-04 grant contracts and with the grant procurement and reimbursement processes. The County's agreement with the City was amended on November 10, 2005 following award of a FY-05 UASI grant to the Portland Urban Area. That amendment extended the initial agreement, committed both parties to compliance with the FY-05 grant contract and conditions, and continued the relationships and obligations contained in the initial agreement. The County's agreement with the City, as amended,is open-ended and remains in effect until the mutual covenants expressed in the agreement have been fully satisfied or until it is terminated due to the failure of one of the parties. Since adoption and amendment of the initial agreement,the Portland Urban Area has been awarded a FY-06 UASI grant totaling$8,240,000 and the adopted grant program budget includes funding for the City. With one exception, the FY-06 UASI grant contract is similar to those for the FY-03, 04, and 05 grants and the procurement and reimbursement procedures remain unchanged. The major exception in the FY-06 grant contract is a requirement that all agencies directly benefiting from UASI grant funds must certify their compliance with the FY-06 implementation requirements of the National Incident Management System (NIMS). Both parties to the earlier agreement, as amended, desire to continue the relationships and obligations contained in that agreement, while acknowledging and committing themselves to compliance with the FY-06 UASI grant contract and conditions. Agreement 1. The County agrees: To continue coordination of grant-related procurement,reimbursement, and reporting activities with the City consistent with the processes developed to manage those activities and with the City's prior UASI grant agreement with the County. 2. The City agrees: a) That it has read the award conditions and certifications for the FY-06 UASI grant, that it understands and accepts those conditions and certifications, and that it agrees to comply with all the obligations and be bound by any limitations applicable to the grantee under that grant document; and b) To continue compliance with the purchasing and reimbursement processes required by the grants,the City's prior UASI grant agreement with the County, and the grant administrator; and C) To continue compliance with all other obligations contained in the City's prior UASI grant agreement with the County. 3. The parties agree to incorporate by this reference the entire FY-06 UASI grant into this amended IGA, with the specific intent that the City will be obligated to adhere to the FY- 06 UASI grant terms, obligations and conditions to the same extent and under the exact same conditions agreed to for the FY-03, 04, and 05 UASI grants. 4. This amendment shall be effective upon final signature of the parties, and shall continue in effect until all mutual covenants expressed in the original agreement, as previously amended, and this amendment have been fully satisfied or until the agreement, as amended, is terminated due to the failure of one of the parties hereto to perform. All other provisions of the,*11r "eement shall remain in effect. BOARD OF COMMISSIONERS MINUTE ORDER Washington County - DATE �a DEC 0 6 2006 CLERK OF a ht:A Dave Maertens APPROVED AS TO FORM i"'� Date Attorney City of Tigard Date APPROVED AS TO FORM - -- - - -- - - - - Pei/ M i L ; Dka.- .ed Date Attorney �fiAr►I sr�. f_ G XL, Y►d"lh-eq.u,tred. Ch0A de �,.n r � � 0��162�V AMENDMENT This is an amendment to an existing intergovernmental agreement (IGA)between Washington County, Oregon(County) and the City of Tigard, Oregon(City) for the coordination of activities related to the purchase of equipment, supplies,professional services, and training being funded by the United States Department of Homeland Security's Urban Area Security Initiative(UASI) grant program. A copy of the original IGA, identified as BCC #04-1266 is attached. Background Washington County entered into an agreement with the City on March 9, 2005 for management of FY-03 and FY-04 UASI grant funds awarded to the City. The agreement committed the County to coordinate grant-related procurement, reimbursement and reporting activities with the City and obligated the City to comply with the terms of the FY-03 and FY-04 grant contracts and with the grant procurement.and reimbursement processes. The County's agreement with the City is open-ended and remains in effect until the mutual covenants expressed in the agreement have been fully satisfied or until it is terminated due to the failure of one of the parties. Since adoption of the earlier agreement, the Portland Urban Area has been awarded a FY- 05 UASI grant totaling$10,391,037 and the adopted grant program budget includes funding for the City. The FY-05 UASI grant contract is substantially similar to those for the FY-03 and FY-04 grants and the procurement and reimbursement procedures remain unchanged. Both parties to the earlier agreement desire to continue the relationships and obligations contained in that agreement,while acknowledging and committing themselves to compliance with the FY-05 UASI grant contract and conditions. Agreement 1. The County agrees: To continue coordination of grant-related.procurement, reimbursement, and reporting activities with the City consistent with the processes developed to manage those activities and with the City's prior UASI grant agreement with the County. 2. The City agrees: a) That it has read the award conditions and certifications for the FY-05 UASI grant, that it understands and accepts those conditions and certifications, and that it agrees to comply with all the obligations and be bound by any limitations applicable to the grantee under that grant document; and b) To continue compliance with the purchasing and reimbursement processes requiredl by the grants, the City's prior UASI grant agreement with the County,and the grant administrator; and C) To continue compliance with all other obligations contained in the City's prior UASI grant agreement with the County. 3. The parties agree to incorporate by this reference the entire FY-05 UASI grant into this amended IGA,with the specific intent that the city will be obligated to adhere to the FY-05 UASI grant terms, obligations and conditions to the same extent and under the exact same conditions agreed to for the FY-03 and FY-04 UASI grants. 4. This amendment shall be effective upon final signature of the parties, and shall continue in effect until all mutual covenants expressed in the original agreement and this amendment have been fully satisfied or until the agreement, as amended, is terminated due to the failure of one of the parties hereto to perform. All other provisions of the original intergovernmental agreement shall remain in effect. Washington County 0W.— Date OCT 18:2005 APPROVED AS TO FORM f,G?, rvk Date o&7 S, 24"S^ Attorney City of Tigard Date L� APPROVED AS TO FORM VkDate -2 APPROVED WASHINGTON COUNTY BOARD OF COMMISSIONERS MINUTE ORDER N ....O. " UP(0 DATE CLERK OF THE ARD OREGON OFFICE OF HOMELAND SECURITY' CRIMINAL JUSTICE SERVICES DIVISION URBAN AREAS SECURITY INITIATIVE - CFDA # 97.008 GRANT AWARD CONDITIONS AND CERTIFICATIONS PROGRAM NAME: Portland Urban Area FY06 UASI Grant GRANT NO: #06-071, GRANTEE: City.of Portland FY 2006 AWARD: $8,240,000 ADDRESS: Portland Office of Emergency AWARD PERIOD: 9/1/06 thtu6/30/08 Management (POEM) 1001 SW Fifth Avenue, Suite 650 Portland, OR 97204 PROGRAM CONTACT: Shawn Graff TELEPHONE: (503) 823-2691 shawn.graffikci.portland.or.us FAX: (503) 823-3903 FISCAL CONTACT: Sarah Liggett TELEPHONE: (503) 823-2055 BUDGET REVENUE Federal Grant Funds $8,240,000 TOTAL REVENUE: $8,240,000 EXPENDITURES Equipment CBRNE Incident Response Vehicle $1,091,000 CBRNE Operational and Search and Rescue $300,000 Information Technology $32,000 Interoperable Communications $1,146,067 Medical Supplies - MCI/POD $13,800 Other Equipment $60,000 Physical Security Enhancement $200,000 Power Equipment $10,920 Exercises $1,500,000 Planning $2,834,213 Training $640,000 Administration $412,000 TOTAL EXPENDITURES: $8,240,000 This document along with the terms and conditions and.grant application attached hereto and any other document referenced constitutes an agreement between the Criminal Justice Services Division(CJSD)of the Oregon Office of Homeland Security and the Grantee.. No waiver,consent,modification or change of terms of this agreement shall be binding.unless agreed to in writing and signed by both the Grantee and CJSD. Such waiver,consent,modification or change,if made,-shall be effective only in the specific instance and for the specific purpose given. There are no understandings,agreements or representations,oral or written, not specified herein regarding,this agreement. The Grantee, by signature of its authorized representative, hereby acknowledges that he/she has read this,agreement,understands it,and agrees to be bound!by'its terms and conditions (including all references to other documents). Failure to comply with this agreement and with applicable state and federal rules and guidelines may result in the withholding of reimbursement,the termination or suspension of the agreement,denial of future grants,and/or damages to CJSD. Page I—City of Portland TERMS AND CONDITIONS I. CONDITIONS OF AWARD A. The Grantee agrees to operate the program as described in the application and to expend funds in accordance with theapproved budget unless the Grantee receives prior written approval by CJSD to modify the program or budget. CJSD may withhold funds for any expenditure,not within the approved.budget or in excess of amounts approved'by CJSD. Failure of the Grantee to.operate the program in accordance with the written agreed,upon:objectives.contained:in the grant application,and budget will be grounds for immediate suspension and/or termination of the grant agreement. B. The Grantee agrees that all publications created with funding under this grant shall prominently contain the following statement:"This document was prepared under a grant from the Office of Grants and Training, United States Department of Homeland Security. Points of view or opinions expressed in this document are those of the authors and do not necessarily represent the official position or policies of the Office of Grants and Training or the U.S.Department of Homeland Security:" C. The Grantee agrees that,when practicable,any equipment purchased with grant funding shall be prominently marked as follows:"Purchased with funds provided by the U.S.Department of Homeland Security." D. By accepting FY 2006 funds,the Grantee certifies that it has met NIMS compliance activities outlined in the NIMS Implementation Matrix'for'State,Tribal,or Local Jurisdictions or will meet these requirements by September 30,2006. The NIMS Implementation Matrix is available in Appendix G of the FY 2006 Homeland Security Grant Program Guidance and Application Kit at: lir.t.p://ww,\%,.oqp.tj,,,d(.)i.gov/odl)/­­docs/­ty,20 06 hsgp.lxl f E. Maintenance Retention and Access to Records,Audits. 1. Maintenance and Retention of Records.The Grantee agrees to maintain accounting and financial records in accordance with Generally Accepted Accounting Principles(GAAP)and the standards of the Office of Grants and Training,Office of Grant Operations(OGO)set forth in the January 2006 Financial Management Guide,including without limitation in accordance with Office of Management and Budget(Oh4B)Circulars A-87,A-102,A-122,A-128,A-133.All financial records,supporting documents,statistical records and all other records pertinent to this grant or agreements under this grant shall be retained by the Grantee for a minimum of five years for purposes of State of Oregon or Federal examination and audit.It is the responsibility of the Grantee to.obtain a copy of the OGO Financial Management Guide from the Office of Grants and Training and apprise itself of all rules and regulations set forth. A copy is available at: littp://,w-%-,rw.dlis.gov/uiterweb/asserhl)r,,in.-/Grants Financial.ManagementGuide pdf 2. Retention of Equipment Records. Records for equipment shall be retained for a period of three years from the date of the disposition or replacement or transfer at the discretion of the awarding agency. Title to all equipment and supplies purchased with funds made available under the State Homeland Security Grant Program(SHSGP)shall vest in the Grantee agency that purchased the property,if it provides written certification to CJSD that it will use the property for purposes consistent with the Homeland Security Grant Program. 3. Access to Records.CJSD,Oregon Secretary of State,the Office of the Comptroller,the General Accounting Office(GAO);or any of their authorized representatives,shall have the right of access to any.pertinent books,documents,papers,or other records of Grantee and'any contractors or; subcontractors of Grantee,which are pertinent to.the;grant,in order to make audits,examinations, excerpts,and transcripts. The right of access is noulimited to the required'retention period but shall last as long as the records ate retained: Page 2-City of Portland 4. Audits. If Grantee expeni*$500,000 or more in Federal funds(from all sources)in its fiscal year, Grantee shall have a single organization-wide audit conducted in accordance with the provisions of OMB Circular A-133. Copies of all,audits must be submitted to CJSD within 30 days of completion. If Grantee expends less than$500,000 in its fiscal year in Federal funds,Grantee is exempt fromFederal audit requirements for that year. Records must be available for review or audit by appropriate officials as provided in Section I.E.1 herein. 5. Audit Costs: Audit costs for audits not required:in accordance with OMB Circular A-133 are unallowable. If Grantee did not expend$500,000 or more in Federal funds in its fiscal year,but contracted with a certified,public accountant,to perform an audit,costs for performance of that audit shall not be charged to the grant. F. Fun °dine. 1. Matching Funds. This Grant does not require matching funds. 2. Supplanting_The Grantee certifies that federal'funds will not be used to supplant state or local funds, but will be used to increase the amount of funds that,in the absence of federal aid,would be made available to the Grantee to fund programs consistent with Homeland Security Grant Program guidelines: G. Reports. Failure of the Grantee to submit the required program,financial,or audit reports,or to resolve program,financial,or audit issues may result in the suspension of grant payments and/or termination of the grant agreement. 1: Progress Reports Initial Strategy Implementation Plan aSIP) and Biannual Strategy Implementation Report(BSIR). The Grantee agrees to submit two types of semi-annual reports on its progress in meeting each of its agreed upon goals and objectives. One is a narrative progress report that addresses specific information regarding the activities carried out under the FY 2006 Homeland Security Grant . Program and how they address identified,project specific goals and objectives. Progress reports are due January 15,2007;July 16,2007;January 15,2008;and July 15,2008 or whenever Requests for Reimbursement are submitted,whichever comes first. Narrative reports may be submitted separately or included in the"Project Notes"section of the BSIR. The second'is a set of web-based applications that details how funds are linked to one or more projects, which in turn must support specific goals and objectives in the State or Urban Area Homeland Security Strategy. The firstreport,the Initial Strategy Implementation Plan(ISIP),is due by August 29,2006 and will be completed by the Criminal Justice Services Division. Biannual Strategy Implementation Reports(BSIR)must be received no later than January 15,2007; July 16,2007;January 15,2008;and July 15,2008. A final BSIR will be due 90 days after the grant award period. . Examples of information to be captured in the ISIP and BSIR include: • Total dollar amount received from each funding source(e.g.,Law Enforcement Terrorism Prevention Program,State Homeland Security Program,Citizen Corps). ■ Projects(s)to be accomplished with funds provided during the grant award period. ■ State or Urban Area Homeland Security Strategy goal or objective supported by the,project(s). • Amount of funding:designated for each discipline from each grant funding source: • Solution area which expenditures will be made and the amount that will be expended under each solution area from each grant funding source. ■ Metric-and or narrative discussion indicating:project progress/success. Any progress report,Initial Strategy Implementation Plani or Biannual.Strategy Implementation Report that is outstanding for more than one month past the due date may cause the suspension and/or terminationof the.grant. Grantee must receive prior written approval from CJSD to extend a progress report requirement past its due date. Page 3-City of Portland 2. Financial Reimbursement Reports, a: In order to receive reimbursement,the Grantee agrees to submit a signed Request for Reimbursement(RFR)which includes supporting documentation for all grant expenditures. RFRs may besubmitted quarterly but no,less frequently than semi-annually during the term of the grant agreement. At a minimum,RFRs must be received no later than January 31,2007;July 31, 2007;January 31,2008;and July 31,2008. Reimbursements for expenses will be withheld if progress reports are not submitted by the specified.dates or are'incomplete. b. Reimbursement rates for travel expenses shall not exceed those allowed by the State of Oregon. Requests for reimbursement for travel must be supported with a detailed statement identifying the person who traveled,the purpose of the travel,the times,dates,and places of travel,and the actual expenses or authorized rates incurred. c. Reimbursements will only be made for actual expenses incurred during the grant period. The Grantee agrees that no grant funds may be used for expenses incurred before September 1,2006 or after June 30,2008. d. Grantee shall be accountable for and shall repay any overpayment,audit disallowances or any other breach of grant that results in a debt owed to the Federal Government. CJSD shall apply interest, penalties,and administrative costs to a delinquent debt owed by a debtor pursuant to the Federal Claims Collection Standards and OMB Circular A-129. 3. Procurement Standards a. Grantees shall follow the same policies and procedures it uses for procurement from its non- Federal funds. Grantees shall use their;own procurement procedures and regulations,provided that the procurement conforms to applicable'Federal and State law and standards. b. All procurement transactions,whether negotiated or competitively bid and without regard to dollar value,shall be conducted in a manner sous to provide maximum open and free competition.All sole-source procurements in excess of$100,000 must receive prior written approval from the Criminal Justice Services Division.Interagency agreements between units of government are excluded from this provision. c. The Grantee shall be alert to organizational conflicts of interest or non-competitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade. Contractors that develop or draft specifications,requirements,statements of work,and/or Requests for Proposals(RFP) for a proposed procurement shall be excluded from bidding or submitting a proposal to compete for the award of such procurement.Any request for exemption must be submitted in writing to the Criminal Justice Services Division. d. All non-state procurement transactions shall be conducted imsuch:a manner that provides,to the maximum extent practical,open and.free competition.However,should a recipient elect to award a contract without competition,sole source justification may be necessary_Justificationmust be provided for non-competitive procurement and should include a description of the program:and what is being contracted for,an explanation of why it is necessary to contract noncompetitively, time constraints and any other pertinent information.Grantees may not proceed with a sole source procurement without prior written approval from the Criminal Justice Services Division. 4. Audit Reports. Grantee shall provide CJSD copies of all audit reports pertaining to this Grant Agreement obtained by Grantee,whether or not the audit is required by OMB Circular A-133. Page 4—City of Portland H. Indemnification. The Grantee shall,to the extent permitted by the Oregon Constitution and by the Oregon Tort Claims Act,defend,save,hold harmless,and indemnify the State of Oregon and CJSD,their officers; employees,agents,and members from all claims,suits and actions of whatsoever nature resulting from or arising out of the activities.of Grantee,its officers,employees,subcontractors,or agents under this grant. Grantee shall-require any of its contractors or subcontractors to.defend,save,hold harmless and indemnify the State of Oregon,Criminal Justice Services Division,and the Oregon Office of Homeland Security,their officers,:employees,agents,and members,from all claims,suits or actions of whatsoever nature resulting from or arising out of the activities of subcontractor under or pursuant to this grant. Grantee shall,if liability insurance is required of any of its contractors or subcontractors,also require such contractors.or subcontractors to provide that the State of Oregon,Criminal Justice Services Division,and the Oregon Office of Homeland Security and their officers,employees and members are Additional Insureds,but only with respect to the contractor's or subcontractor's services performed under this grant. I. Copyright and Patents. 1. Coote yright. If this agreement or any program funded by this agreement results in a copyright,the CJSD and the U.S.Department of Homeland Security reserve a royalty-ftee,nonexclusive and irrevocable license to reproduce,publish or otherwise use,and to authorize others to use,for government purposes, the work or the copyright to any work developed under this agreement and any rights of copyright to which Grantee,or its contractor or subcontractor,purchases ownership with grant support. 2. Patent. If this agreement or any program funded by this agreement results in the production of patentable items,patent rights,processes,or inventions,the Grantee or any of its contractors or subcontractors shall immediately notify CJSD. The CJSD will provide the Grantee with further instruction on whether protection on the item will be sought and how the rights in the item will be allocated and administered in order to protect the public interest,in accordance with federal guidelines. J. No Implied Waiver.Cumulative Remedies: The failure of Grantor to exercise,and any delay in exercising any right,power,or privilege under this Agreement shall not operate as a waiver thereof,nor shall any single or partial exercise of any right,power,or privilege under this Agreement preclude any other or further exercise thereof or the exercise of any other such right,power,or privilege. The remedies provided herein are cumulative and not exclusive of any remedies provided by law. K. Governing Law:Venue:Consent to Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon without regard to principles of conflicts of law. Any claim, action,suit,or proceeding(collectively,"Claim")between Grantor(and/or any other agency or department of the State of Oregon)and Grantee that arises from or relates to this Agreement shall be brought and conducted solely and exclusively within the Circuit Court for the State of Oregon;provided,however,if the Claim must be brought in a federal forum,then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. Grantee,By Execution Of This Agreement,Hereby Consents To The In Personam Jurisdiction Of Said Courts. L. Notices. Except as otherwise expressly provided in this Section,any communications between the parties hereto or notice to be given hereunder shall be given in writing by personal delivery,facsimile,or mailing the same by registered or certified mail,postage prepaid to Grantee or Grantor at the address or number set forth on page 1 of this Agreement,or to such other addresses or numbers as either parry may hereafter indicate pursuant to this section. Any communication or notice so addressed and sent by registered or certified mail shall be deemed delivered upon receipt or refusal of receipt. Any communication or notice delivered by facsimile shall be deemed to be given when receipt of the transmission is generated by the transmitting machine. Any communication or notice by personal delivery shall be deemed,to be given when actually delivered. The parties also may communicate by telephone,regular mail or other means,but such communications shall not be deemed Notices under this Section unless receipt by the other party is expressly acknowledged in writing by the receiving party. ' M. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of Grantor,Grantee, and their respective successors and assigns,except that Grantee may not assign or transfer its rights or obligations hereunder or any interest herein without the prior consent in writing of Grantor. Page 5-City of Portland N. Survival. All'provisions of this Agreement set forth in the following sections shall survive termination of this Agreement:Section LC'(Maintenance,Retention and Access to Records;Audits);Section LE(Reports);and Section I,F(indemnification). O. Sever_rbility. If:any°term or provision of this Agreement is declared by a court of competent jurisdiction to be illegal or in conflict with any law,the validity of the remaining terms and provisions shall not be affected,and the rights and obligations of the parties shall be construed and enforced as if this Agreement did not contain the particular termor provision held to be invalid. P. Relationship of Parties. The parties agree and acknowledge that their relationship is that of independent contracting parties and neither party hereto shall be deemed an agent,partner,joint venturer or related entity of the other by reason of this Agreement. II. Grantee Compliance and Certifications A. Debarment Suspension Ineligiby and Voluntary Exclusion.The Grantee certifies by accepting grant funds that neither it nor its principals are presently debarred,suspended,proposed for debarment,declared ineligible, nor voluntarily excluded from participation in this transaction by any Federal department or agency. (Phis certification is required by regulations published May 26,1988,implementing Executive Order 12549, Debarment and Suspension,28 CFR Part 69 and 28 CFR Part 67.) B. Standard Assurances and Certifications Regarding Lobbying.The Anti-Lobbying Act, 18 U.S.C.§1913,was amended to expand significantly the restriction on use of appropriated funding for lobbying.This expansion also makes the anti-lobbying restrictions enforceable via large civil penalties,with civil fines between$10,000 and$100,000 per each individual occurrence of lobbying activity.These restrictions are in addition to the anti- lobbying and lobbying disclosure restrictions imposed by 31 U.S.C.§ 1352.The Office of Management,and Budget(OMB)is currently in the process of amending the OMB cost circulars and the common rule(codified at 28 C.F.R.part 69 for DOJ grantees)to reflect these modifications.However,in the interest of full disclosure, all applicants must understand that no federally-appropriated funding made available under this grant program may be used,either directly or indirectly,to support the enactment,repeal,modification or adoption of any law, regulation,or policy,at any level of government,without the express approval of the U.S.Department of Justice.Any violation of this prohibition is subject to a minimum$10,000 fine for each occurrence.This prohibition applies to all activity,even if currently allowed within the parameters of the existing OMB circulars. C. Compliance with Applicable Law. The Grantee agrees to comply with all applicable laws,regulations,and guidelines of the State of Oregon,the Federal Government and CJSD in the performance of this agreement, including but not limited to: 1. The provisions of 28 CFR applicable to grants and cooperative,agreements including Part 18, Administrative Review Procedure;Part 20,Criminal Justice Information Systems;Part 22, Confidentiality of Identifiable Research and Statistical Information;Part 23,Criminal Intelligence Operating Policies;Part 30,Intergovernmental Review of Department of Justice Programs and Activities;Part 42,Non-Discrimination/Equal Employment Opportunity Policies and Procedures;Part 61,Procedures for Implementing the National Environmental Policy Act;Part 63,Floodplain Management and Wetland Protection Procedures,and Federal laws or regulations applicable to Federal assistance programs. 2. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970(P.L.91-646). 3. Section 102(a)of the Flood Disaster Protection Act of 1973,P.L.93-234,87 Stat.97,approved December 31,1976. 4. Section 106 of the National Historic Preservation Act of 1966 as amended(16 USC 470),Executive Order 11593,and the Archeological and Historical Preservation Act of 1966(16 USC 569a-1 et seq.) 5. National Environmental Policy Act of 1969,42 USC 4321 et seq. 6. Flood Disaster Protection Act of 1973,42 USC 4001 et seq. 7. Clean Air Act,42 USC 7401 et seq. 8. Clean Water Act,33 USC 1368 et seq. 9. Federal Water Pollution Control Act of 1948,as amended,33 USC 1251 et seq. 10. Safe Drinking Water Act of 1974,42 USC 300E et seq. Page 6-City of Portland 11. Endangered Species Act of 1973,16 USC 1531 et seq. 12. Wild-and Scenic Rivers Act of 1968,as amended,16 USC 1271 et seq. 13. Historical and Archaeological Data Preservation Act of 1960,as amended,16 USC 469 et seq. 14. Coastal Zone Management Act of 1972, 16 USC 1451 et seq. 15. Coastal Barrier Resources Act of 1982,16 USC 3501 et seq. 16. IndianSelf-Determination Act,25 USC 450E 17. Hatch Political Activity Act of 1940,as-amended,5 USC 1501 et seq. 18. Animal Welfare Act of 1970,7 USC 2131 et seq. 19. Demonstration Cities and Metropolitan Development Act of 1966,42 USC 3301 et seq. 20. Federal Fair Labor Standards Act of 1938(as appropriate),as amended,29 USC 201 et seq. D. Certification of Non=discrimination: 1. The Grantee,and all its contractors.and subcontractors,certifies that no person shall be excluded from participation in,denied the benefits of,subjected to discrimination under,or denied employment in connection with any activity funded under this agreement on the basis of race,color,age,religion, national origin,handicap,or gender. The Grantee,and all its contractors and subcontractors,assures compliance with the following laws: a. Non-discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968,as amended; b. Title IV of the Civil Rights Act of 1964,as amended; c. Section 504 of the Rehabilitation Act of 1973,as amended; d. Title II of the Americans with Disabilities Act(ADA)of 1990, e. Title IX of the Education Amendments of 1972; f. The Age Discrimination Act of 1975; g. The Department of Justice Nondiscrimination Regulations 28 CFR Part 42,Subparts C, D, E,and G; h. The Department of Justice regulations on disability discrimination,28 CFR Part 35 and Part 39. 2. In the event that a Federal or State court or administrative agency makes a finding of discrimination after a due process hearing on the grounds of race,color,age,religion,national origin,handicap or gender against the Grantee or any of its contractors or subcontractors,the Grantee or any of its contractors or subcontractors Will forward a copy of the finding to the Criminal Justice Services Division(CJSD). CJSD will forward a copy of the finding to.the Office for Civil Rights,Office of Justice Programs. E. Civil Rights Compliance. All recipients of federal grant funds are required,and Grantee agrees,to comply with nondiscrimination requirements of Title VI of the Civil Rights Act of 1964,as amended,42 U.S.C.§2000d et seq.(prohibiting discrimination in programs or activities:on the basis of race,color,and national,origin); Omnibus Crime Control and Safe Streets Act of 1968,as amended,42 U.S.C.§3789d(c)(1)(prohibiting discrimination in employment practices or in programs and activities on the basis of race,color,religion, national origin,and,gender); Section 504 of the Rehabilitation Act of 1973,29 U.S.C:§794 et.seq.(prohibiting discrimination in employment practices or in programs and activities-on the basis of disability);Title Il of the Americans with Disabilities Act of 1990,42 U.S.C.§ 12131(prohibiting discrimination in services,programs, and activities on the basis of disability);The Age Discrimination Act of 1975,42 U.S.C.§6101-07(prohibiting discrimination in programs and activities on the basis of age);and Title IX of the Education Amendments of 1972,20 U.S.0§ 1681 et seq.(prohibiting discrimination in educational programs or activities on the basis of gender). Page 7—City of Portland 16 F. Equal Employment Opportunity Program. If the Grantee,or any of its contractors or subcontractors,has 50 or more employees,is receiving more than$25;000 pursuant to this agreement,and has a service population with a-minority representation of three percent or more,the Grantee,or any of its contractors or subcontractors,agrees to formulate,implement and maintain:an equal employment opportunity program relating to employment practices affecting minority persons and women. If the Grantee,or any of its contractors or subcontractors,.has 50 or more employees,is receiving more than$25;000 pursuant to this agreement,,and has.a.service population with a:minority representation of less than three percent,the Grantee or any of its,contractors or subcontractors,,agrees to formulate,implement and'maintain an equal employment opportunity program relating to,its practices:affecting women. The Grantee,and;any of its+contractors and subcontractors,certifies that an equal employment opportunity program as required by this section will be in effect,onor before the effective date.of this agreement. Any Grantee,and'any of its contractors or subcontractors,receiving more than$500,000,either through this agreement or in aggregate grant funds in any fiscal year,shall in addition submit a,copyof its equal employment opportunity plan at the same time as the application-submission,with the understanding that the application for funds may not be awarded prior to approval of the Grantee's,or any of its contractors or subcontractors,equal employment opportunity program by the Office for Civil Rights,Office of Justice Programs. If required to formulate an Equal Employment Opportunity Program(EEOP),the Grantee must maintain a current copy on file which meets the applicable requirements. G. Services to Limited English Proficient(LEP)Persons Recipients of ODP financial assistance are required to comply with several federal civil rights laws,including Title VI of the Civil Rights Act of 1964,as amended. These laws prohibit discrimination on the basis of.race,.color,religion,national origin,and sex in the delivery of services.National origin discrimination includes discrimination on the basis of limited English.proficiency. To ensure compliance with Title VI,.recipients are required'to take reasonable steps to ensure that LEP persons have meaningful access to their programs..Meaningful access may entail providing language assistance services,including oral and written translation,where necessary.Grantees,are•encouraged to consider the need for language services for LEP persons served or encountered both in developing their;proposals and budgets and in conducting their programs and activities.Reasonable costs associated with providing meaningful access for LEP individuals are considered allowable program costs.For additional information,please see H. NationalEnvironmental Policy Act(NEPA)•Special Condition for U.S.Department of Justice Grant Programs. 1. Prior to obligating grant funds,Grantee agrees to first determine if any of the following activities will be related to the use of the,grant funds.Grantee understands that this specialcondition applies to its following new activities whether or not they are being specifically funded with these grant funds. That is,as long as the activity is being conducted by the Grantee,a contractor,subcontractor or any third party and the activity needs to be undertaken in order to use these grant funds,this special condition must first be met. The activities covered by this special condition are: a. new construction; b. minor renovation or remodeling of a property either (a) fisted on or eligible for listing on the National Register of Historic Places or(b)located within a 100-year floodplain; c. a renovation,lease,or any other proposed use of a building or facility that will either(a) result in a change in its basic prior use or(b)significantly change its size;and d. implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office,household,recreational,or educational environments. 2. Application of This Special Condition to Grantee's Existing Programs or Activities:For any of the Grantee's or its contractors'or subcontractors'existing,programs or activities that will be funded by these grant funds,the Grantee,upon specific request from the Office for Domestic Preparedness, agrees to cooperate with the Office for Domestic Preparedness in any preparation by the Office for Domestic Preparedness of a national or program environmental.assessment of that funded program or activity. Page 8-City of Portland I. Certification Regarding Drug Free Workplace Requirements. Grantee certifies that it will provide a drug-free workplace by: 1. Publishing a statement notifying employees that the,unlawful manufacture,distribution;dispensing, possession or:use of a controlled substance is;prohibited in the Grantee's workplace and specifying the actions that will be against employees for violation.of such prohibition;. 2. Establishing a drug-flee awareness program to inform employees about: a. The dangers of drug abuse in the workplace; b. The Grantee's policy of maintaining.a drug-free workplace; c. Any availableArug counseling,rehabilitation,and employee assistance programs;and d. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. 3. Requiring that each employee engaged in the performance of the grant be given a copy of the employer's statement required by paragraph(a). 4. Notifying the employee that,as a condition of employment under the award,the employee will: a. Abide by the terms of the statement;and b. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace not later that five.days after such conviction. 5. Notifying the Grantee within ten days after receiving notice from an employee or otherwise receiving actual notice of such conviction. G. Taking one of the following actions,within 30 days of receiving notice,with respect to any employee who is so convicted: a. Taking appropriate personnel action against such an employee,up to and including termination;or b. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by federal, state, or local health, law enforcement, or other appropriate agency. 7. Making-a good faith effort to continue to maintain a drug-free workplace. III. Suspension or Termination of Funding The Criminal Justice Services Division may suspend funding in whole or in part,terminate funding,or impose another sanction on a State Homeland Security Grant Program recipient for any of the following reasons: A. Failure to comply substantially with the requirements or statutory objectives of the Urban Area Security Initiative guidelines issued thereunder,or other provisions of federal law. B. Failure to make satisfactory progress toward the goals and objectives set forth in the approved Project Justification(s). C. Failure to,adhere to the requirements of the grant award and standard or special conditions. D. Proposing or implementing substantial plan changes to the extent that,if originally submitted,the application would not have been selected. E. Failing to comply substantially with any other applicable federal or state statute,regulation,or guideline. Before imposing sanctions,the Criminal Justice Services Division will provide reasonable notice to the Grantee of its intent to impose sanctions and will attempt to resolve the problem informally. Page 9—City of Portland 10/30/08 MON 10:03 FAX 915033788993 CJSD 0002 w, IV. Grantee.Repteeentations and Wartantier, ~ Grantee repmecnts and warrants to Grantot as follows:, A. Existence and Power. Grantee is a political subdivision of die State of Oregon. Grantee has full powcc and authority to transact the business in which it is engaged and full power,authority,and legal right to exectito and deliver this Agmemcrrrand incur and perform its obligations httnunder. B. dttthority.N-2LOntravcntion. The,making,and'pctformance by Grantee of this.Agreement(:t)have been duly authorized,by all necessary action of Gtautee,.Vl)do not and will not violate any provision of any applicable 6w,rule,or zegtilaaion or order of any court, regulatory commission,board or other Administrative agency or any provision of Grantees articles of incorporation othyl2wa and(c)do not and will not resuk irr the7'bmaelr of„or contititute,a default or require any consent under any other agtccmcnt or instmuncnt to which Grantee is a party or by which•Grantcc or any of improperties arc bound or affected. C. h . This Agreement has been duly outhonxcd,executed and delivered on behalf of Grantee and constitutes the legal,valid,,and.binding-pbligation of GrAritce,enforceable in accordance with its terms. D. vals. rJo authorization;consent,license,approval of, filing or rtgistratlou with,or notification to, any governmental:body or regulatory or supervisory authority is mquired for the execution,delivery or perfbrmagce by Granter of this Agreement. O . ZO � OCo CL 0 - Carmen Mcrlo.Director Date Criminal justice Services Division Oregon Office of Homeland Security 4760 Portland Road NE Salem,OR 97:05 (503) 378_4145 ext 545 Signature of AuthovGrantee Official- Date Tom Pottor, Mayor Name/Title 04 S}gnature of Authgrized Fiscal Rep, n tivc of Grantee Agency Date Page 10—City of Portland INTERGOVERNMENTAL AGREEMENT Between WASHINGTON COUNTY, OREGON and THE CITY OF TIGARD,OREGON. THIS IS an intergovernmental (IGA)between Washington County(County) and the city of Tigard(Agency) entered into pursuant to the authority granted in ORS Chapter 190 for the coordination of activities related to the purchase of equipment, supplies,professional services, and training being funded by the United States Department of Homeland Security's Urban Area Security Initiative(UASI) grant program. Recitals WHEREAS, the United States Department of Homeland Security, Office for Domestic Preparedness, provided UASI grant funding in the amount of$6,764,956 in Fiscal Year 2003 and $8,112,992 in Fiscal Year 2004 to the state of Oregon for distribution to the Portland, Oregon Urban Area to address the area's unique equipment, training,planning, and exercise needs and to assist the area in building an enhanced and sustainable capacity to prevent, respond to, and recover from threats or acts of terrorism; and WHEREAS, the state of Oregon awarded UASI Grant#03-071 to the city,of Portland, Office of Emergency Management(POEM), as Grantee, for Fiscal Year 2003 in theamount of $6,764,956, a copy of which is attached to this Agreement and incorporated herein as Exhibit A; and WHEREAS, the state of Oregon awarded UASI Grant#04-071 to the city of Portland, Office of Emergency Management(POEM), as Grantee,for Fiscal Year 2004 in the amount of $8,112,992, a copy of which is attached to this Agreement and incorporated herein as Exhibit B; and WHEREAS, UASI Grants#03-071 and#04-071 are intended to increase the ability of the Portland, Oregon Urban Area,which includes jurisdictions in.:Multnomah, Clackamas, Columbia and Washington counties in Oregon and Clark Countyin Washington,to prevent, respond to, and recover from chemical,biological,radiological,nuclear and explosive(CBRNE) events; and WHEREAS, after extensive, coordinated.discussions between state and urban area officials, a list of equipment, supplies,professional services, and training to be purchased for or by jurisdictions in the urban area has been developed; and 1 r WHEREAS, the city of Portland, as Grant Administrator, is required to oversee and coordinate the expenditure of the UASI grant funds and has developed procedures to guide the procurement,delivery, and reimbursement processes; and WHEREAS,the city of Portland, as Grant Administrator, is required to make periodic reports to the state of Oregon regarding the expenditure of the UASI grant funds and has developed procedures to coordinate the collection and submission of information and documents needed to support the reporting process; and WHEREAS, the city of Portland and all other urban area jurisdictions that receive direct benefit from UASI grant purchases are required to comply with all terms of the UASI grants including,but not limited to, obligations regarding access to records and supplanting of funds; and WHEREAS, the city of Portland entered into agreements with the urban area counties to secure their commitment to follow the city-developed procurement, delivery,reimbursement, and reporting procedures, to ensure their compliance with all terms of the UASI grants, and to obligate them to coordinate with and obtain similar assurances from directly benefiting jurisdictions within the respective counties; and WHEREAS, the County entered into an agreement with the city of Portland on September 1, 2004 and accepted responsibility for coordinating the UASI grant processes within the County. NOW, THEREFORE, the Parties agree as follows: 1. The County agrees: To coordinate grant-related procurement,reimbursement, and reporting activities with directly benefiting jurisdictions in the County consistent with the processes developed by the city of Portland to manage those activities. 2. The Agency agrees: a) That it has read the award conditions and certifications for grants#03-071 . and#04-071, that it understands and accepts those conditions and certifications, and that it agrees to comply with all the obligations, and be bound by any limitations applicable to thel city of Portland, as grantee, under those grant documents; b) To comply withthe purchasing and reimbursement processes required by the grants,-this.Agreement, and the city of Portland; 2 C) To appropriately use and conserve all UASI funded equipment, supplies and/or materials provided for CBRNE incident prevention,preparedness, response, and recovery; d) That all equipment, supplies, and services provided by the city of Portland to the Agency are as described in the approved grant budget documents, which the,Agency has seen. e} To treat all single items of equipment valued over$5,000 as fixed assets and to provide the city of Portland with a list of such equipment showing dates of purchase, equipment description, serial numbers, and locations where the equipment is housed or stored. f) That any request or invoice it submits for reimbursement of costs for Agency staff training is consistent with the training identified in the approved grant budget documents,which the Agency has seen. g) That the Agency understands and accepts full financial'responsibility and may not be reimbursed for costs incurred for training which has not been approved by the state and the U.S. Department of Homeland Security, Office for Domestic Preparedness, even though that training may appear on the approved grant budget documents. h) That the Agency will not deviate from the items listed in the approved grant budget documents without first securing written authority from the city of Portland. 4. i) That.any public statement,by the Agency referring to the receipt of UASI funded equipment, supplies, services, or training shall indicate that the funds for the purchase came from the U.S. Department of Homeland Security, Office for Domestic Preparedness, Urban Area Security Initiative grant program and the percent or dollar amount of federal funds used in the purchase. j) To maintain.and retain accounting and financial records in accordance with Generally Accepted Accounting Principles(GAAP) and the standards of the Office of Comptroller set forth in the May 2002 Office of Justice Program (OJP).Financial Guide, including without limitation in accordance with the Office:of Management and Budget(OMB) Circulars 81, A-102, A-.122,,A-128,A-133. [All of these documents are to be retained for a minimum of six years.after the contract has been awarded and available for review,upon request,to federal, state, and city of Portland employees or their agents or officers. Review may occur at any time, even after six years, if the records are still available.] 3 k) To obtain copies of all federal regulations with which the Agency must comply. 1) Not to supplant its local funds with federal,and to, instead, use the federal funds to increase the amount of funds that, in the absence of federal aid, would be made available to the Agency to fund programs within the Urban Area-Security Initiative grant program guidelines. m) To list the city of Portland as a party to.be held harmless and, subject to the limits of the Oregon Tort Claims Act and the Oregon Constitution, indemnified by the Agency and any contractor or subcontractor thereof, for any injury to person or property arising out of the equipment, supplies, or services provided under this Agreement, and as a party to whom a listed duty is due. 3. Effective Date and Duration. This Agreement shall be effective from the date both parties have signed and shall continue in effect until all mutual covenants expressed herein have been fully satisfied or until the Agreement is terminated due to the failure of one of the parties hereto to perform. 4. Amendment. This Agreement may be amended by written agreement of both parties but must remain consistent with the requirements of the Urban Area Security Initiative program, the UASI grants from the state to the city of Portland, and the city of Portland's UASI grant agreement with the County. 5. Termination. Either party may terminate this Agreement in the event the other fails to comply with its obligations under the Agreement. If the Agreement is terminated due to the Agency's failure or inability to comply with the provisions of the grants or the Agreement, the Agency will be liable to the city of Portland for the full cost of any equipment,materials,or services provided by the city of Portland to the Agency, and of any penalties imposed by the state or federal government. Each party will notify the other, in writing, of its intention to terminate this Agreement and the reasons therefore. The other party shall have fourteen days, or such other time as the parties may agree, from the date of the notice in which to correct or otherwise address the compliance failure which is the subject of the notice. 6. Governing Law. This contract shall be governed by and construed in accordance with the laws.of the state of Oregon,without regard to principles of conflicts of law. Any claim, action, suit or proceeding that arises from or relates to this contract shall be brought and conducted exclusively within the.Circuit Court of Washington County for the state of Oregon., In the event a claim is brought in a federal forum, then it shall be brought and conducted solely and exclusively in the United States District Court for the District of Oregon. 4 7. Counterparts. This contract may be executed in several counterparts, each of which shall be an original, all of which shall constitute one and the same instrument. 8. Survival.. The terms, conditions, representations and all warranties in this contract shall survive the termination or expiration of this contract. 9. Force Majeure. Neither party shall The heldresponsible for delay or default caused by fire, riot, acts of God, or war where such cause was beyond reasonable control. Each party shalt make all reasonable efforts to remove or eliminate such a cause of delay or default and shall,upon cessation of the cause, diligently pursue performance of its obligations under this contract. 10. Indemnification. Subject to the limits of the Oregon Tort Claims Act and the Oregon Constitution, the Agency shall hold harmless, indemnify and defend the County, its commissioners,employees and agents from any and all claims, damages, losses, and expenses, including but not limited to reasonable attorneys fees arising out of or resulting from agency's performance of or failure to perform the obligations of this contract. 11. Third Party Beneficiaries. The County and the Agency are the only parties-to this contract and are the only parties entitled to enforce its terms. Nothing in this contract gives, or is intended to give, or shall be construed to give or provide any benefit or right,whether directly, indirectly,or otherwise,to third persons unless such persons are individually identified by name herein. 12. Successors in Interest. The terms of this Agreement shall be binding upon the successors and assigns of each party hereto. 13. Entire Agreement. The parties agree and acknowledge that this Agreement is a complete, integrated agreement that supersedes any prior understandings related to implementation of the FY-03 and FY-04 UASI program grants and that it is the entire agreement between them relative to those grants. Washineton County Date 12 -o4 Chairman Board of Commissioneiq APPROVED S TO FORM WASHINGTON COUNT ��AAttPP Attorney BOARD OF COMMISSIONEIl..R��SG -MINUTE ORDER H ......0.. .. N•.=•5••---- DATE a .j ... .5... HE B CLERK OF TA City of Tigard Azzi Date APPROVED AS TO RM 1 Date tto ey 6 2/26/2007 CITY OF TIGARD Page 1 of 1 11:22:28AM ImageFlow Lite Report - Legislative History (Detailed) UserlD: CAROL . I oc. e . o e 00c. Uate Item Rot. Action o e Brief Description e . o e Cont. Date Exp. Date Name Referred to File Reference# Security Class Abstract Keywords SU-7007-07- 01/01/2008 GREER GASTON INTERGOVERNMENTAL AGREEMENT BETWEEN CITY OF WASHINGTON COUNTY TIGARD AND WASHINGTON COUNTY FOR THE PURPOSE OF IGA COORDINATING ACTIVITIES RELATED TO ADMINISTRATION INTERGOVERNMENTAL AGREEMENT OF URBAN AREA SECURITY INITIATIVE GRANT PROGRAM HOMELAND SECURITY FUNDS (UASI) FOR EOC. URBAN AREA SECURITY INITIATIVE UASI EOC GRANT SECOND AMENDMENT BCC #04-1266 BCC #05-1094 BCC #-06-1184 AMENDMENT CITY OF TIGARD Total Items Printed: 1 GRANTEE (SOP` OREGON OFFICE OF HOMELAND SECURITY CRIMINAL JUSTICE SERVICES DIVISION URBAN AREAS.SECURITY INITIATIVE — CFDA # 97.008 GRANTAWARD CONDITIONS AND CERTIFICATIONS PROGRAM NAME: Portland Urban Area FY05 UASI. GRANT NO: #05-071 Grant GRANTEE: City of Portland FY 2005 AWARD: $103,391,037 ADDRESS: Portland Office of Emergency AWARD PERIOD: 5/1/05 thea 12/31/06 Management (POEM) 1001 SW Fifth Avenue,'Suite 650 Portland, OR 97204 PROGRAM CONTACT: Mike McGuire TELEPHONE: (503) 823-2691 mmcguire@ci.portland.or.us FAX: FISCAL CONTACT: Sarah Liggett TELEPHONE: (503) 823-2055 BUDGET REVENUE Federal Grant Funds $10,391,037 TOTAL REVENUE: $10,391,037 EXPENDITURES Equipment $6,513,462 Explosive Device Mitigation $115,276 Physical Security Enhancement $850,625 Incident Response Vehicles $400,000 Citizen Corps Program $194,017 Planning $1,305,757 Training $652,124 Exercises $100,000 Administration $259,776 TOTAL EXPENDITURES:$10,391,037 This document along with the terms and conditions and grant application attached hereto and any other document referenced constitutman agreement between the Criminal Justice Services Division (CJSD)of the Oregon Office of Homeland Security and the Grantee. No waiver,consent,modification or change of terms of thisagreement shall be binding unless agreed to in writing and signed by both the Grantee and CJSD. Such waiver;consent,modification or change,if made,shall be effective only in the specific instance and for the specific purpose given. There are no understandings,agreements,or representations,oral or written, not specified herein regarding this agreement. 'The Grantee, by signature of its authorized representative, hereby acknowledges that he/she has read this agreement,understands it,and agrees to be bound by its terms and conditions (including all references to other documents). Failure to comply with this agreement and with applicable state and federal rules and guidelines may result in the withholding of reimbursement,the termination or suspension of the agreement,denial of future grants,and/or damages to CJSD. Page 1—City of Portland 179394 TERMS AND CONDITIONS L CONDITIONS OF AWARD A. The Grantee agrees to operate,the program,as described in the application and to expend funds in accordance with the approved budget unless the Grantee receives prior written approval by CJSD to modify the program orbudget. CJSD may withhold funds for any expenditure not within the approved budget or in excess of amounts approved by CJSD. Failure:of the Grantee to operate the program in accordance with the written agreed upon objectives contained in the grant application and budget will be grounds for immediate suspension and/or tenninationof the grant agreement: B. The Grantee agrees-that all publications created with funding under this grant shall prominently contain the following statement "Ms document was prepared under a grant from the Office of State and Local Government Coordination and Preparedness(SLGCP),United States Department of Homeland Security. Points of view or opinions expressed in this document are those of the authors and do not necessarily represent the official position or policies of SLGCP or the U:S.Department of Homeland.Security. C. The Grantee agrees that,when practicable,any equipment purchased with grant funding shall be prominently marked as follows:"Purchased with funds provided by the U.S.Department of Homeland.Security." D. Maintenance Retention and Access to Records-Audits. 1. Maintenance and Retention of Records.The Grantee agrees to maintain accounting and financial records in accordance with Generally Accepted Accounting Principles(GAAP)and the'standards of the Office of the Comptroller set forth in the March 2005 Office of Justice Programs(OJP)Financial Guide,including without limitation in accordance with Office of Management and Budget (OMB)Circulars A-87,A-102,A-122,A-128,A-133.All financial records,supporting documents, statistical records and all other records pertinent to this grant or agreements under this grant shall be retained by the Grantee for a minimum of five years for purposes of State of Oregon or Federal examination and audit.It is the responsibility of the Grantee to obtain a copy of the OJP Financial Guide from the Office of the Comptroller and apprise itself of all Hiles and regulations set forth. 2. Retention of Equipment Records Records for equipment shall be retained for a period of three years from the date of the disposition or replacement or transfer at the discretion of the awarding agency, Tide to all equipment and supplies purchased with funds made available under the SHSGP shall vest in the Grantee agency that purchased the property,if it provides written certification:to CJSD that it will use the property for purposes consistent with the Urban Areas Security Initiative Grant Program. 3. Access to Records.CJSD,Oregon Secretary of State,the Office of the Comptroller,the General Accounting Office(GAO)or any of their authorized representatives,shall have the right of access to any pertinent books,documents,papers,or other records of Grantee and any contractors or subcontractors of Grantee,which are pertinent to the grant,in order to make audits,examinations, excerpts,and transcripts. The right of access is not limited to the required retention period but shall last as long as the records are retained. 4. Audits. If Grantee expends$500,000 or more in Federal funds(from all sources)in its fiscal year, Grantee shall have a single organization-wide audit conducted in accordance with the provisions of OMB Circular A-133. Copies of all audits must be submitted to CJSD within 30 days of completion. If Grantee expends less than$500,000 in its fiscal year in Federal funds;Grantee is exempt from Federal audit requirements:for that year. Records must be available for review or audit by appropriate officials as provided in Section I.D.1 herein.. 5. Audit Costs. Audit costs for audits not required in accordance with OMB Circular A-133 are unallowable. If Grantee did not expend$500,000 or more in Federal funds in its fiscal year,but contracted with a certified public accountant to perform an audit,costs for performance of that audit shall not be charged to the grant. Page 2-City of Portland 179394 E. Fund. 1. Matching Funds. This Grant does not require matching funds. 2. Supplanting.The Grantee 1 certifies that federal funds will not be used to supplant state or local funds, but will be�used to increase the amount of funds that,in the absence of federal aid,would'be made available to the,Grantee.to.fund programs consistent with Urban Areas Security Initiative Grant Program.guidelines. F. Reports. Failure of the Grantee to submit the required program,financial,or audit reports,or to resolve program,financial,,oraudit issues may result in the suspension of grant payments and/or termination of the grant agreement. l. Progress Reports Initial Strategy Implementation Plan( SKIP) and Biannual Strategy Implementation Report(BSIR): The Grantee agrees to submit two types of semi-annual reports on its progress in meeting each of its,agreed upon goals and objectives. One is a narrative progress report that addresses specific information regarding the activities carried out under the FY 2005 Urban Areas Security Initiative Grant Program and how they address identified project specific goals and objectives. Progress reports are due January 17,2006;July 18,2006;and January 15,2007 or whenever Requests for Reimbursement are submitted,whichever comes first. Narrative reports may be submitted separately or included in the`Project Notes'section of the BSIR. The second is a set of web-based applications that details how funds are linked to one or more projects, which in tum must support.specific goals and,objectives in'the State or Urban Area Homeland Security Strategy. The first report,the Initial Strategy Implementation Plan(ISIP),is due by May 9,2005. Biannual Strategy Implementation Reports(BSIR)must be received no later than July 15,2005,January 17,2006;July 18,2006;and January 15,2007. A final BSIR will be due 90 days after the grant award period. Examples of information to be captured in the ISIP and BSIR include: Total dollar amount received from each funding source ° Projects(s) to be accomplished with funds provided during die grant award period. ° State or Urban Area Homeland Security Strategy goal or objective supported by the project(s). Amount of funding designated for each discipline from each.grant-funding.source. Solution area which expenditures will be made and the amount that will be expended under each solution area from each grant funding source. ° Metric and or narrative discussion indicating project progress/success. Any progress report,Initial Strategy Implementation Plan,or Biannual Strategy Implementation Report that is outstanding for more than one month past the due date may cause the suspension and/or termination of the grant. Grantee must receive prior written approval from CJSD to extend a progress report requirement past its due date. 2. Financial Reimbursement Reports. a. In order to receive reimbursement,the Grantee agrees to submit a signed Request for Reimbursement(RFR)which includes supporting documentation for all grant expenditures. RFRs may be submitted quarterly,but no Jess frequently than semi-annually during the term of the grant agreement. At a minimum;RFRs must bereceived no later.than January 31,2006;July 31, 2006;.and January 31,2007: Reimbursements for expenses will be withheld if progress reports are not submitted by the specified dates or are incomplete. b. Reimbursement,rates for travel expenses shall not exceed those allowed by the State of Oregon. Requests for reimbursemenrfor travel must be supported with a detailed statement identifying the person who,traveled,the purpose of the travel,the times,dates,and places of travel,and the actual expenses or authorized rates incurred. Page 3-City of Portland 179394 c.. Reimbursements will only be made for actual expenses incurred during the grant period. The Grantee agrees that no grant funds may be used for expenses incurred before May 1,2005 or after December 31,2006. d. Grantee shall be accountable for and shall repay any overpayment,audit disallowances or any other breach of grant that results in a,debt owed.to the Federal Government.`CJSD shall apply interest, penalties,and administrative costs to a delinquent debt owed by a debtor pursuant to the Federal Claims Collection Standards and OMB Circular A-129. 3. Audit Reports. Grantee shall provide CJSD copies of all audit reports pertaining to this Grant Agreement obtained by Grantee,whether or.not the audit is required by OMB Circular A-133. G. Indemnification. The Grantee'shall,to the extent permitted by the Oregon Constitution and by the Oregon Tort Claims Act,defend,save,hold harmless,and indemnify the State of Oregon and CJSD,their officers, employees,agents,.and members from all claims,suits and actions of whatsoever nature resulting from or arising out of the activities of Grantee,its officers,employees,subcontractors,or agents under this grant. Grantee shall require any of its contractors or subcontractors to defend,save,hold harmless and indemnify the State of Oregon,Criminal Justice Services Division,.and the Oregon Office of Homeland Security,their officers,employees,agents,and members,from all laims,suits or actions of whatsoever nature resulting from or arising out of the activities of subcontractor under or pursuant to this grant. Grantee shall,if liability insurance is required of any of its contractors or subcontractors,also require such contractors or subcontractors to provide that the'State of Oregon,;Criminal Justice Services Division,and the Oregon Office of Homeland Security and their officers,;employees and members are Additional Insureds,but only with respect to the contractor's or'subcoirtractor's services performed under this grant. H. Copyright and Patents 1. Copyrigh . If this agreement or any program funded by this agreement results in a copyright,the CJSD and the Office for Domestic Preparedness reserve a royalty-free,nonexclusive and irrevocable license to reproduce,publish or otherwise use,and to authorize others to use,for government purposes,the work or the copyright to any work developed under this agreement and any rights of copyright to which Grantee,or its contractor or,subcontractor,purchases ownership with grant support. 2. Patent. If this agreement or any program funded by this agreement results in the productionof patentable items,patent rights,processes,or inventions,the Grantee or any.of its contractors or subcontractors shall immediately notify CJSD. The CJSD will provide the Grantee with further instruction on whether protection on the item will be sought and how the righmin the item will be allocated and administered in order to protectthe public interest,in accordance with federal guidelines. I. No Implied Waiver.Cumulative Remedies. The failure of Grantor to exercise,and any delay in.exercising any right,power,or privilege under this Agreement shall not operate as a waiver thereof,nor shall any single or partial exercise of any right,power;or privilege under this Agreement preclude any other or further exercise thereof or the exercise of any other such right,power,or privilege. The remedies provided herein are cumulative and not exclusive of any remedies provided by law. J. Governing Law•Venue.Consent to jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon without regard to principles of conflicts of law. Any claim, action,suit,or proceeding(collectively,"Claim')between.Grantor(and/or any other agency or department of the State of Oregon)and:Grantee that arises from or relates to this Agreement shall be brought and conducted solely and exclusively within the Circuit Court for the State of Oregon;provided,however,if the Claim must be broughtin a federal forum,then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. .Grantee,By Execution Of This Agreement,Hereby . Consents To The In Personam Jurisdiction Of Said Courts.. K Notices. Except as otherwise expressly provided in this Section;any communications between the parties hereto or notice to be given hereunder shall be given in writing by personal delivery,facsimile,or mailing the same by registered or certified mail,postage prepaid to.Grantee ror Grantor at the address or number set forth on page 1 of this Agreement,or to such other addresses or numbers as either party may hereafter indicate pursuant to this section. Any communication or notice so addressed and sent by registered or certified mail Page 4—City of Portland 1793 .94 shall be.deemed.delivered upon receipt or refusal of receipt. Any communication or notice delivered by facsimile shall be deemed to be given when receipt of the transmission isgenerated by.the transmitting machine. Any communication or notice by personal delivery shall be deemed to be given when actually delivered. The parties also may communicate by telephone,regular mail or other means,but such communications shall not be deemed.Notices under.this Section_ unless receipt by the other party is expressly acknowledged in writing by the receiving,party. L. Successors andAssigns. This Agreement shall be binding upon and inure to the benefit of Grantor,Grantee, and their respective successors and assigns,except that Grantee may not assign or transfer its rights or obligations hereunder or any interest,herein without the prior consent in writing of Grantor. M. Survival: All provisions of this Agreement sef forth in.the following sections shall survive termination of this Agreement:Section I.0(Maintenance,Retention and Access to Records;Audits);Section LE(Reports);and Section IT(indemnification). N. Seyerability. If any term or provision of this Agreement is declared by a court of competent jurisdiction to be illegal or in conflict with any law,the validity of the remaining terms and provisions shall not be affected,and the rights and obligations of the parties shall be construed and enforced as if this Agreement did not contain the particular term or provision held to be invalid. O. Relationship of Parties. The parties agree and acknowledge that their relationship is that of independent contracting parties and neither party hereto shall be deemed an agent,partner,joint venturer or related entity of the other by reason of this Agreement. II. Grantee Compliance and Certifications A. Debarment.Suspension.Ineligib_�y and Voluntary Exclusion.The Grantee certifies by accepting grant funds that neither it nor its principals are presently debarred,suspended,proposed for debarment,declared ineligible, nor voluntarily excluded from participation in this transaction by any Federal department or agency. (This certification is required by regulations published May 26,1988,implementing Executive Order 12549, Debarment and Suspension,28 CFR Part 69 and 28 CFR Part 67.) B. Standard Assurances and Certifications Regarding Lobbyi _The Anti-Lobbying Act,18 U.S.C.§1913,was amended to expand significantly the restriction on use of appropriated funding for lobbying.This expansion also makes the anti-lobbying restrictions enforceable via large civil penalties,with civil fines between$10,000 and$100,000 per.each individual occurrence of lobbying activity.These restrictions are in addition to the anti- lobbying and lobbying disclosure restrictions imposed by 31 U.S.C.§1352:The Office of Management and Budget(OMB)is.currendy in the process of amending the OMB cost circulars and the+common rule(codified at 28 C.F.R.part 69 for DOJ grantees)to reflect these modifications.However,in the interest of full disclosure, all applicants must.understand that no federally-appropriated funding made available under this grant program may be used,either directly or indirectly,to support the enactment,repeal,modification or adoption of any law, regulation,or policy,at any level of government,without the express approval of the U.S.Department of Justice.Any violation of this prohibition is subject to a minimum$10,000 fine for each occurrence.This prohibition applies to all activity,even if currently allowed within the parameters of the existing OMB circulars. C. Com an Applicable Law. The Grantee agrees to comply with all applicable laws,regulations,and guidelines of the.State of Oregon,the Federal Government and CJSD in.the performance of this agreement, including but not limited to: 1. The provisions of 28 CFR applicable to grants and cooperative agreements including Part 18, Administrative Review Procedure;Part.20,Criminal Justice Information Systems;Part 22, Confidentiality of Identifiable Research and'Statistical Information;Part 23,Criminal Intelligence Operating Policies;Part 30,IntergovemmentalReview of'Department of Justice.Programs and Activities;Part 42,Non-Discrimination/Equal Employment Opportunity Policies and Procedures;Part 61,'Procedures for Implementing.the National Environmental Polity Act,Part 63,Floodplain Management and Wedand Protection Procedures,and Federal laws.or regulations applicable to Federal assistance programs. 2. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970(P.L.91-646). 3. Section 102(a)of the Flood Disaster Protection Act of 1973,P.L.93-234,87 Stat.97,approved December 31,1976. Page 5—City of Portland . 79394 4. Section 106 of the National Historic Preservation Act of 1966 as amended(16 USG 470),Executive Order 11593,and the'Archeological and.Historical Preservation Act of 1966(16 USC 569a-1 et seq.) 5. National Environmental Policy Act of 1969,42 USC 4321 et seg. 6. Flood Disaster Protection Act of 1973,42 USC 4001 et seq. 7. Clean Air Act,42 USC 7401 et seq: 8. Clean Water Act,33 USC 1368 et:seq. 9. Federal Water Pollution Control Act of 1948,as:amended,33 USC 1251 et seq. 10. Safe Drinking Water Act;of 1974,42 USC 300E et seq. 11. Endangered Species Act:of1973,16 USC 1531 et seq. 12. Wild and"Scenic Rivers Act of 1968,as amended,16 USC 1271 et seq. 13. Historical and-Archaeological Data.Preservation Act of 1960,as amended,16 USC 469 et seq. 14. Coastal Zone Management Act of 1972, 16 USC 1451 et seq. 15. Coastal Barrier Resources Act of 1982,16 USC 3501 et seq.. 16. Indian Self-Determination Act,25 USC 450f. 17. Hatch Political Activity Act of 1940,as amended,5 USC 1501 et seq. 18. Animal Welfare Act of 1970,7.USC 2131 et seq. 19. Demonstration Cities and Metropolitan Development Act of 1966,42 USC 3301 et seq. 20. Federal Fair Labor Standards Act of 1938(as appropriate),as amended;29 USC 201 et seq. D. Certification of Non-discrimin tion. 1. The Grantee,and all its contractors and subcontractors,certifies that no person shall be excluded from participation in,denied the benefits of,subjected to discrimination under,or denied employment in connection with any activity funded under this agreement.on the basis of race,color,age,religion, national origin,handicap,or gender. The Grantee,and all its contractors and subcontractors,assures compliance with the following laws: a. Non-discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended; b. Title IV of the Civil Rights Act of 1964,as amended; c. Section 504 of the Rehabilitation Act of 1973,as amended; d. Title II of the Americans with Disabilities Act(ADA)of 1990, e. Title IX of the Education Amendments of 1972; f. The Age Discrimination Act of 1975; g. The Department of Justice Nondiscrimination Regulations 28 CFR Part 42,Subparts C,D,E,and G; h.. The Department of Justice regulations on disability discrimination,28.CFR Part 35 and Part 39. 2. In the event that a.Federal orState court or.administrative agency makes a finding of discrimination after a due process hearing:on the grounds of race,color;age,religion,national origin,handicap or gender against the'Grantee or,any of its contractors or subcontractors,the Grantee or any of its contractors or subcontractors wUforward a copy of the finding to the Criminal Justice Services Division(CJSD). CJSD will forward a copy of the finding to the Office for Civil Rights,.Of6ce of Justice Programs. Page 6—City of Portland E. Civil Rights Compliance. All recipients of'federal grant funds are required,and Grantee agrees,to comply with nondiscrimination requirements of Title VI of the Civil Rights Act of 1964,as amended,42 U.S.C.§2000d et seq.(prohibiting discrimination in programs or activities on the basis of race,color,and national origin); Omnibus�Crime Control and Safe Streets Acrof 1968,as amended,42 U.S.C.§3789d(c)(1)(prohibiting discrimination in employment practices or in,programs and activities on the basis,of race,color,religion, national origin,and,gender); .Section 504 of the:Rehabilitation Act of 19.73,29 U.S.C.§794 et seq.(prohibiting. discrimination in employment practices or in programs:and activities on the basis of disability);Title II of the Americans:with Disabilities Act of 1990,42 U.S.C.§12131 (prohibiting discrimination in services,programs, and activities on the basis of disability);The Age Discrimination Act of 1975,42 U.S.C.§6101-07(prohibiting discrimination in programs and activities.on the�basis of age);and Tide.IX of.the Education Amendments of 1972,20 U.S.0§1681 et seq:(prohibiting discrimination in educational programs or activities on the basis of gender). F. 'Equal Employment Opportunity Program. If the Grantee,or any of its contractors or subcontractors,has 50 or more employees;is receiving more than$25,000 pursuant to this agreement,and has a service population with a minority representation of three percent or more,the Grantee,or any of its contractors or subcontractors,agrees to formulate,implement and maintain an equal employment opportunity program relating to employment practices affecting minority persons and women. If the Grantee,or any of its contractors or subcontractors,has 50 or more employees,is receiving more than$25,000'pursuant to this agreement,and has a service population with a minority representation of less than three percent,the Grantee or any of its contractors or subcontractors,agrees to formulate,implement and maintain an equal employment opportunity program relating to its practices affecting women. The Grantee,and any of its contractors and subcontractors,certifies that an equal employment opportunity program as required by this section will be in effect on or before the effective date of this agreement. Any Grantee,and any of its contractors or subcontractors,receiving more than$500,000,either through this agreement or in aggregategrant funds in any fiscal year,shall in addition submit a.copy of its equal employment opportunity.plan.at,the.same time as the application submission,with the understanding that the application for funds may not be awarded prior to approval of the Grantee's,or any of its contractors or subcontractors,equal employment opportunity program by the Office for Civil Rights,Office of)ustice Programs. If required to formulate an Equal Employment Opportunity Program(ESOP),the Grantee must maintain a current copy on file which.meets the applicable requirements. G. Services to Limited EnChsh Proficient(LSP)Persons,Recipients of ODP financial assistance are required to comply with several federal civil rights laws,including Title VI of the Civil Rights Act of 1964,as amended. These laws prohibit discrimination on the basis of race,color,religion,national'origin,and sex in the•delivery of services.National origin discrimination includes discrimination on the basis of limited English proficiency. Toensure compliance with Title VI,recipients are required to take reasonable steps to ensure that LEP persons have meaningful access to their programs.Meaningful access may entail providing language-assistance services,including oral and written translation,where necessary.Grantees are encouraged to consider the need for language services for LEP persons served or encountered both in developing their proposals and budgets and in conducting their programs and activities.Reasonable costs associated with providing meaningful access for LEP individuals are considered allowable program costs.For additional information,please see h_ap://www len ov. H. National Environmental Policy Act VEPA)•Special Condition for U.S. Justice Grant ro 1. 'Prior to obligating grant hinds,Grantee agrees to first determine if any of the following activities will be related to the use of the grant funds.Grantee understands that this special condition applies to its following new activities whether or not they are being specifically funded with these grant funds. That is,as long as the activity is being conducted by the Grantee,a contractor,subcontractor or any third party and the activity needs to be undertaken in order to use these grant funds,."special condition must first be met. The activities;covered'by this special condition are: a. new construction; b. minor renovation or remodeling of.a property either (a) listed on or eligible for listing on the National Register of Historic Places orl(b)'located within a 100-year floodplain; C. a renovation,lease,or any other proposed use of a building or facility that will either(a)result in a change in its basic prior use or(b)significantly change its size;:and Page 77-City of Portland X79304 d.. implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office,household,recreational,or educational environments. 2. Applicationi of This Special Condition to Grantee's Existing Programs or Activities:For any of the Grantee's or its contractors'or subcontractors'existing programs or activities that will be funded by these grant funds,the Grantee,upon specific request from the Office for Domestic Preparedness, agrees to cooperate with the Office:for Domestic Preparedness in any preparation by the Office for Domestic.Preparedness of a national or program environmentaI assessment of that funded program or activity. I. Certification Regarding Drug Free Workplace Requirements. Grantee certifies that it will provide a drug-free workplace by: 1. Publishing a statement notifying employees that the unlawful manufacture,distribution,dispensing, possession or use of a controlled substance is prohibited in the Grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; 2. Establishing a drug-free awareness program to inform employees about: a. The dangers of drug abuse in the workplace; b. The Grantees policy of maintaining a drug-free workplace; c. Any available drug counseling,rehabilitation,and employee assistance programs;and d. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. 3. Requiring that each employee engaged in,the performance of the grant be given a copy of the employer's statement required by paragraph(a). 4. Notifying the employee that,as a condition of employment under the award,the employee will: a. Abide by the terms of the statement;and b. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace not later that five days after such conviction. 5. Notifying the Grantee within ten days after receiving notice from an employee or otherwise receiving actual notice of such conviction. 6. Taking one of the following actions,within 30 days of receiving notice,with respect to any employee who is so convicted: a. Taking appropriate personnel action against such an employee,up to and including termination;or b. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by federal, state, or local health, law enforcement, or other appropriate agency. 7. Making a good faith effort to continue to maintain a drug-free workplace. III. Suspension or Termination of Funding . The Criminal Justice Services..Division may suspend funding in whole.or in part,terminate funding,or impose another sanction on an Urban Areas Security Initiative Grant Program recipient for any of the following reasons; A. Failure to comply substantially with the requirements or statutory.objectives of the Urban Areas Security Initiative Grant Program guidelines issued,:thereunder,or other provisions of federal law. B. Failure to make satisfactory progress toward the goals and objectives set forth in the application. C. Failure to adhere to the requirements of the grant award and standard or special conditions. Page 8—City of Portland 17 9394 D. Proposing,or implementing substantial plan changes to the extent that,if originally submitted,the application would,not have been selected. E. Failing to comply substantially with any other applicable federal or state statute,regulation,or guideline. Before imposing sanctions,the Criminal Justice Services Division will provide reasonable notice to the Grantee of its intent to impose sanctions and will attempt to resolve the problem informally. IV. . Grantee Representations and Warranties Grantee represents and warrants to Grantor as follows: 1. . Existence and'Power. Grantee is a political subdivision of the State of Oregon. Grantee has frill power and authority to transact the business in which it is engaged,and full power,authority,and legal right to execute and deliver this Agreement and incur and perform its obligations hereunder. 2. AuthoriM No Contravention. The making and performance by Grantee of this Agreement(a)have been duly authorized by all necessary action of Grantee, (b) do not and will not violate any provision of any applicable law,rule, or regulation or order of any court,regulatory commission,board or other administrative agency or any provision of Grantee's articles of incorporation or bylaws and (e) do not and will not result in the breach of,,or constitute a.,default or require any consent under any other agreement or instrument to which Grantee is a party.or by which Grantee or any of its properties are bound or affected. 3. Binding Obligation. This Agreement has been duly authorized, executed and delivered on behalf of Grantee and constitutes the4egal,valid,and binding obligation of Grantee,enforceable in accordance with.its terms. 4. Approvals No authorization, consent, license, approval of, filing or registration with, or notification to, any governmental body or regulatory or supervisory authority is required for the execution,delivery or,performance by Grantee of this Agreement. Carmen Merlo,Director Date Criminal Justice Services Division Oregon Office of Homeland Security 4760 Portland Road NE Salem,OR 97305 (503) 378-4145 ext_545 as �s Signature of Aulfiojed Grantee Official Dafe NIA 0(L. Name/Title A 'QOM AS TSO FORM Page 9-City of Portland ciT'YATTORNEY