HomeMy WebLinkAboutIdaho Office of Emergency Management Subrecepient/Beneficiary Grant Agreement For Incidient Command Trailer Technology Upgrades AGREEMENT NO.
SUBRECIPIENT/BENEFICIARY GRANT AGREEMENT
THIS SUBRECIPIENT/BENEFICIARY AGREEMENT (the "Agreement") is made and
entered into this 3rd day of May , 2022 , by and between Ada County, a duly formed
and existing County pursuant to the laws and Constitution of the State of Idaho, as a Subrecipient of
the Idaho Office of Emergency Management, ("County") and Meridian Fire Department
("Beneficiary").
WITNESSETH:
WHEREAS, County is authorized and required by Idaho Code § 46-1009 to maintain a
County wide disaster preparedness agency;
WHEREAS, in furtherance of those duties County has received grant # 2020, 2021
Homeland State Security Program (SHSP) grant from the pass-through entity Idaho Office of
Emergency Management ("IOEM") for the purpose of implementing strategies to address identified
planning, organization, equipment, training, and exercise needs to prevent, protect against, respond
to, and recover from natural and other catastrophic events, a copy of which is attached as Exhibit
"A;"
WHEREAS, County desires to build and sustain regional core emergency management
capabilities across the prevention, protection, mitigation, response, and recovery mission areas, more
specifically set forth in Exhibit "B" attached hereto and by this reference incorporated herein; and
County concurs that regional core capabilities and capability targets are not exclusive to any single
level of government or organization, but rather require the combined efforts of the whole community.
WHEREAS, Beneficiary desires to enter into this Agreement with County to build and
sustain regional core emergency management capabilities while ensuring compliance with state and
federal grant requirements.
NOW, THEREFORE, the parties agree as follows:
1. REGIONAL CORE CAPABILITIES PURPOSE. County and Beneficiary agree that
project funding and distribution will be based on building or sustaining high priority regional core
capabilities that address prioritized threats, hazards, vulnerabilities, and/or risks. Beneficiary shall
allow use of grant purchased equipment in support of emergency management functions, consistent
with existing mutual aid or resource sharing agreements, for any local government member of Ada
City County Emergency Management ("ACCEM") or their various public or private sector partners
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2. APPLICATION. County agrees to authorize Beneficiary to apply to County for
project funding to build or sustain regional core capabilities to include planning, training, exercises,
and equipment. Beneficiary shall utilize the Ada County Grant Project Application (GPA) form, as
provided by County, and Beneficiary will include core capability targets (measurable objectives) for
each request. All completed GPAs will be submitted to Ada County Emergency Management. The
Director will review GPA for completeness and forward to the Emergency Management Exectutive
Council and Ada County Board of County Commissioners for consideration.
3. COMPLIANCE WITH TERMS OF GRANT. Beneficiary shall comply with the
Standard Terms of Conditions of Exhibit A for so long as Beneficiary is possessed of property
purchased with funds provided pursuant to this Agreement. This covenant shall survive the
termination of this agreement.
4. TERM. This Agreement is to be effective for the period beginning on the date of
execution of this Agreement through September 30, 2022. This agreement may be renewed for three
additional one fiscal year terms by a mutually executed writing.
5. DEFAULT. Upon default, the County or Subawardee may cancel this Agreement
without any notice and may pursue any and all legal, equitable, and other available remedies. Default
occurs if the County or Subawardee fails to perform any of the covenants, conditions, or services of
this Agreement and such defects in performance are not cured within ten (10) working days after
receipt of written notice of default.
6. INDEPENDENT CONTRACTOR STATUS. It is understood and agreed that the
relationship between the County and Beneficiary hereby created is that of an independent contractor,
and this agreement is not deemed one for employment of Beneficiary by the County. As such, it is
understood and agreed that the County is not responsible for social security, retirement, or other
employment benefits or obligations on behalf of the Beneficiary.
7. STATUS REPORT. Beneficiary agrees to keep County informed of Beneficiary's
progress against the core capability targets throughout the term of this Agreement in a manner and at
such times as both Beneficiary and County shall agree.
8. CONFIDENTIALITY. Both parties agree to maintain confidentiality of all
information utilized or gained in performing the Contracted Services to the extent such information is
exempt from disclosure under Federal or State law, rules, or regulations.
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9. FISCAL RECORDS. Beneficiary agrees to maintain all fiscal records, including its
books, audit papers, documents, and any other evidence of accounting procedures and practices,
which sufficiently and properly reflect all direct and indirect costs of any nature expended in the
performance of this Agreement, for a period of three (3) years from the date of submission of the
final expenditure report submitted by the IOEM. These records shall at all reasonable times be
available for and subject to inspection, review, or audit and copying by the County and any person
duly authorized by the County.
10. VIOLATION OF AGREEMENT OR GRANT TERMS. When federal, state or
County audits indicate noncompliance by the Beneficiary to meet the applicable federal regulations
or state rules, the Beneficiary shall return or refund and pay to the IOEM any equipment/asset
acquired, plus costs, including audit costs, arising from the Beneficiary's ineligible or improper
receipt or use of federal funds.
11, NOTICES. If notice shall be required under any terms of this Agreement, notice shall
be sent by certified mail to:
County: Ada County
200 W. Front Street
Boise, ID 83702
Beneficiary: Meridian Fire Department
33 East Broadway, Suite 210
Meridian, Idaho 83642
12. SINGLE AUDIT ACT. Beneficiary agrees to comply with the provisions of OMB
Circular A-133 which sets forth audit requirements of states, local governments, and non-profit
organizations.
13. COMPLETE AGREEMENT. This Agreement is the full and complete agreement of
the parties hereto. This Agreement may be modified or amended only if such modification or
amendment is in writing and subscribed to by both County and Beneficiary.
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14. USE, MANAGEMENT, AND DISPOSITION OF PROPERTY PURCHASED
UNDER THIS AGREEMENT. The Beneficiary hereby agrees to comply with the Standard Terms &
Conditions set forth in Exhibit A and the below regulations regarding use, management, and disposal
of Property purchased under this Agreement:
a. Definitions:
i. "Equipment' as defined in 2CFR 200.33 means tangible personal property
(including information technology systems) having a useful life of more than
one year and a per-unit acquisition cost which equals or exceeds the lesser of
the capitalization level established by the non-Federal entity for financial
statement purposes, or$5,000.
ii. "Capital assets" as defined in 2 CFR 200.12 means tangible or intangible assets
used in operations having a useful life of more than one year which are
capitalized in accordance with GAAP. Capital assets included:
(a) Land, buildings (facilities), equipment, and intellectual property
(including software) whether acquired by purchase, construction, manufacture,
lease-purchase, exchange, or through capital lease; and
(b) Additions, improvements, modifications, replacements,
rearrangements, reinstallations, renovations or alterations to capital assets that
materially increase their value or useful life (not ordinary repairs and
maintenance).
iii. "Computing devices" as defined in 2 CFR 200.20 means machines used to
acquire, store, analyze, process, and publish data and other information
electronically, including accessories (or"peripherals") for printing, transmitting
and receiving, or storing electronic information.
iv. "General purpose equipment' as defined in 2 CFR 200.48 means equipment
which is not limited to research, medical, scientific or other technical activities.
Examples include office equipment and furnishings, modular offices, telephone
networks, information technology equipment and systems, air conditioning
equipment, reproduction and printing equipment, and motor vehicles.
v. "Information technology systems" as defined in 2 CFR 200.58 means
computing devices, ancillary equipment, software, firmware, and similar
procedures, services (including support services) and related resources.
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vi. "Special purpose equipment" as defined in 2 CFR 200.89 means equipment which
is used only for research, medical, scientific, or other technical activities.
Examples of special purpose equipment include microscopes, x-ray machines,
surgical instruments, and spectrometers.
vii. "Supplies" as defined in 2 CFR 200.94 means all tangible personal property other
than those defined in § 200.33 Equipment. A computing device is a supply if the
acquisition cost is less than the lesser of the capitalization level established by the
non-Federal entity for financial statement purposes or $5,000, regardless of the
length of its useful life.
b. Use.
i. Equipment must be used by the Beneficiary in the program or project for which it
was acquired as long as needed, whether or not the project or program continues to
be supported by the Federal award, and the Beneficiary must not encumber the
property without prior approval of the Federal awarding agency. See 2 CFR
200.313(c)(1).
ii. Equipment must be made available, during the time that the equipment is used on
the project for which it was acquired, for use on other projects or programs
currently or previously supported by the Federal Government, provided that such
use will not interfere with the work on the projects or program for which it was
originally acquired. First preference for other use must be given to other programs
or projects supported by Federal awarding agency that financed the equipment and
second preference must be given to programs or projects under Federal awards
from other Federal awarding agencies. Use for non-federally-funded programs or
projects is also permissible. User fees should be considered if appropriate. See 2
CFR 200.313(c)(2).
iii. Beneficiary must not use equipment acquired with Federal award to provide
services for a fee that is less than private companies charge for equivalent services
unless specifically authorized by Federal statute for as long as the Federal
Government retains an interest in the equipment. See 2 CFR 200.313(c)(3).
iv. When acquiring replacement equipment, the Beneficiary may use the equipment to
be replaced as a trade-in, or sell the property and use the proceeds to offset the
cost of the replacement property. Replacement Equipment shall be subject to the
same restrictions and covenants as are provided in this Agreement.
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v. Upon termination of this agreement through default or other earlier termination,
the Beneficiary shall return to County all Property/Equipment purchased with
grant funds.
c. Management Requirements.
i. Property records must be maintained that include a description of the property,
a serial number or other identification number, the source of funding for the
property (including the FAIN), who holds title, the acquisition date, and cost of
the property, percentage of Federal participation in the project costs for the
Federal award under which the property was acquired, the location, use and
condition of the property, and any ultimate disposition data including the date
of disposal and sale price of the property
ii. A physical inventory of the property must be taken and the results reconciled
with the property records at least once every two years. County will distribute
to Beneficiary a copy of its last property report for Beneficiary's reconciliation
and update. The reconciliation including condition and location of all
Equipment must be provided to the Ada County Director of Emergency
Management promptly after completion, but in any event by December 31 of
the calendar year in which the task is to be completed.
in.A control system must be developed to ensure adequate safeguards to prevent
loss, damage, or theft of the property. Any loss, damage, or theft shall be
investigated. The Director of the Ada County Emergency Management
Department shall conduct random audits at such times as he or she may
designate for compliance with the terms of this Agreement. The Director of the
Ada County Emergency Management Department may conduct other audits
with the permission of the Board of Ada County Commissioners. Beneficiary
shall comply with all reasonable audit requests of the Director of the Ada
County Emergency Management Department.
iv. Adequate maintenance procedures must be developed to keep the property in
good condition. At all times relevant herein, Beneficiary shall be responsible
for maintaining Property/Equipment in good and operating condition.
v. If Beneficiary is authorized or required to sell the property, proper sales
procedures must be established to ensure the highest possible return.
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d. Disposition. When original or replacement equipment acquired under a Federal
award is no longer needed for the original project or program or for other activities
currently or previously supported by a Federal awarding agency, except as
otherwise provided in Federal statutes, regulations, or Federal awarding agency
disposition instructions, the non-Federal entity must request disposition
instructions from the Federal awarding agency if required by the terms and
conditions of the Federal award. Disposition of the equipment will be made as
follows, in accordance with Federal awarding agency disposition instructions:
i. Items of equipment with a current per unit fair market value of$5,000 or less
may be retained, sold or otherwise disposed of with no further obligation to the
Federal awarding agency.
ii. Except as provided in § 200.312 Federally-owned and exempt property,
paragraph (b), or if the Federal awarding agency fails to provide requested
disposition instructions within 120 days, items of equipment with a current per-
unit fair-market value in excess of$5,000 may be retained by the Beneficiary or
sold. The County is entitled to an amount calculated by multiplying the current
market value or proceeds from sale by the County's percentage of participation
in the cost of the original purchase. If the equipment is sold, the County may
permit the Beneficiary to deduct and retain from the County share $500 or ten
percent of the proceeds, whichever is less, for its selling and handling
expenses. See 2 CFR 200.313(c)(5).
The County will forward all funds received from Beneficiary as a result of
equipment sale or other disposition to the awarding agency.
15. INDEMNIFICATION. Beneficiary shall defend, indemnify, and hold the County, its
officers, agents, and employees harmless for all claims, losses, actions, damages, judgments, costs,
expenses, and/or injuries to persons or property arising out of or in connection with any activities,
acts, or omissions of Subawardee, its officers, agents or employees. In the event County is alleged to
be liable on account of any activities, acts, or omissions of Beneficiary, its officers, agents or
employees, then Beneficiary shall defend such allegations through counsel chosen by County and
Beneficiary shall bear all costs, fees, and expenses of such defense, including, but not limited to, all
attorney fees and expenses, court costs, and expert witness fees and expenses.
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16. CHOICE OF LAW: This Agreement and its performance shall be construed in
accordance with and governed by the laws of the State of Idaho, with venue for any action brought
pursuant to this Agreement to be in the Fourth Judicial District, State of Idaho.
17. THIRD PARTY BENEFICIARIES: Nothing contained herein shall create any
relationship, contractual or otherwise, with, or any rights in favor of, any third party.
DATED the day and year first above written.
Board of Ada County Commissioners
By: Rod Beck, Commissioner
Ryan Davidson, Commissioner
Kendra Kenvon. Commissioner
ATTEST:
Phil McGrane, Ada County Clerk
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Beneficiary: Meridian Fire Department
Robert E. Simison
Name:
Mayor
Title:
STATE OF IDAHO )
ss.
County of Ada )
On this 3rd day of May 2022, before me, a notary public, personally appeared
Robert E. Simison , known or identified to me to be the person whose name is subscribed
to the within instrument, and acknowledged to me that he/she executed the same.
Notary Public for Idaho
Commission Expires 3-28-2028
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