HomeMy WebLinkAboutIdaho Office of Emergency Management Subrecepient Beneficiary Grant Agreement
AGREEMENT NO. 30773
SUBRECIPIENT/BENEFICIARY GRANT AGREEMENT
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2025
May
13th
into this ___ day of ___________, ________, 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
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W I T N E S S E T H:
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 # 2022, 2023, and 2024
SHSP State Homeland Security Program (SHSP) grant from the pass-through entity Idaho Office of
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planning, organization, equipment, training, and exercise needs to prevent, protect against, respond to, and
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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
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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
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management missions.
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 deliver to the Emergency Management Executive Council and Ada County Board of County
Commissioners for consideration.
3.COMPLIANCE WITH TERMS OF GRANT. Beneficiary shall comply with the Standard
Terms and 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 October 1, 202 This agreement may be renewed for three additional one fiscal
year terms by a mutually executed writing.
5.DEFAULT. Upon default, the County or Beneficiary 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 Beneficiary 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 the 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.
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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.
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 the final expenditure report submitted by the
IOEM. These records shall at all times be available for and subject to inspection, review, or audit and
copying by the County and any person duly authorized by the County at all reasonable times.
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 or training
provided, 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:City of Meridian
33 E. Broadway Ave.
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.
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:
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a. Definitions:
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(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.
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used in operations having a useful life of more than one year which are capitalized
in accordance with GAAP. Capital assets include:
(a) Land, buildings (facilities), equipment, and intellectual property
(including software) whether acquired by purchase, construction, manufacture,
lease-purchase, exchange, or through capital leases; 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).
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store, analyze, process, and publish data and other information electronically,
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storing electronic information.
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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.
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devices, ancillary equipment, software, firmware, and similar procedures, services
(including support services) and related resources.
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is used only for research, medical, scientific, or other technical activities.
SUBRECIPIENT/BENEFICIARY AGREEMENT - 4
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Examples of special purpose equipment include microscopes, x-ray machines,
surgical instruments, and spectrometers.
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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 equipment is used on the
project or program 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 the 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
SUBRECIPIENT/BENEFICIARY AGREEMENT - 5
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cost of the replacement property. Replacement Equipment shall be subject to the
same restrictions and covenants as are provided in this Agreement.
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
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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.
iii. A control system must be developed to ensure adequate safeguards to prevent loss,
damage, or theft of the property. Any loss, damage, or theft must 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.
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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.
vi.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:
vii.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.
viii .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
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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
SUBRECIPIENT/BENEFICIARY AGREEMENT - 7
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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.
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.
SUBRECIPIENT/BENEFICIARY AGREEMENT - 8
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DATED the day and year first above written.
Board of Ada County Commissioners
_____________________________________
By:Rod Beck, Commissioner
_____________________________________
Ryan Davidson, Commissioner
_____________________________________
Thomas Dayley, Commissioner
ATTEST:
_____________________________________
Trent Tripple, Ada County Clerk
City Of Meridian
Beneficiary: __________________________
_____________________________________
Robert E. Simison, Mayor 5-13-2025
Name: _______________________________
________________________________
Chris Johnson, City Clerk 5-13-2025
SUBRECIPIENT/BENEFICIARY AGREEMENT - 9
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EXHIBIT A
\[2022, 2023, and 2024 SHSP\] State Homeland Security Program Grant
SUBRECIPIENT/BENEFICIARY AGREEMENT - 10
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Docusign Envelope ID:066DE59D-0398-4468-8FE3-4A68CB769B87 Agreement No. 30292
- - Idaho Office of Emergency Management
Exhibit A
2024 Subrecipient Agreement
for
Ada County
Date of Award
September 19, 2024
1. Subrecipient Name and Address 2. Prepared by:Magdaleno, Luis 3. Award Number: 24SHSP001
4, Federal Grant Information
Federal Grant Title: State Homeland Security Grant Program
Ada County
7200 Barrister Dr. Federal Grant Award NumberlCFDA Number: EMW-2024-SS-05016197.067
Boise, ID 83704
Federal Granting Agency: Grant Programs Directorate
Federal Emergency Management Agency
U.S. Department of Homeland Security
S. Award Amount and Grant Breakdowns
Subrecipient Unique Identifier(DUNS): 092031459 2024 State Homeland Security Program
Award Amount This Action: $591,613.13 Performance/ Budget Period:
Total Award Amount: $591,613.13 Sep 19, 2024 through Feb 28, 2027
6. Requirements: This Subaward is approved subject to such conditions or limitations as are set forth on the following pages of this document and in the
General Terms and Conditions sent to support the State Homeland Security Grant Program. This is a not a Research &Development Subaward.
Subrecipionts must give the Idaho Office of Emergency Management(IOEM), Department of Homeland Security(DHS)and auditors access to and the right
to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and
other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance.
The Subrecipient certifies that the subrecipient and its'contractors/vendors are not presently debarred, suspended, proposed for debarment, declared
ineligible or voluntarily excluded by any federal department or agency and do not appear in the Debarred and Suspended list at htt llwww.sam. ov.
The Subrecipient certifies compliance with the 2CFR200 Subpart F—Audit Requirements and Idaho State Code 67.450B—Independent Financial Audits of
Local Governmental Entities—Filing Requirements.
The Subrecipient certifies the indirect cost rate for the Federal Award (including if the de minimis rate is charged)per§200.414.
Acceptance of subaward certified compliance with requirements detailed above and to the attched Terms and Conditions
7. Special Conditions:If an extension is required due to extenuating circumstances,contact your Area Field Officer(AFO)or the Idaho Special Teams
Manager.
Ii Agency Approval
Approving IOEM Official: Signature of IOEM Officiat:
Brad Richy, Director'`
Idaho Office of Emergency Management Date:
(208) 2 5 8-6 5 0 1 1 ,
Subrecipient Acceptance
9. Subreci 4 ptance
I have read and understand the attached Terms and Conditions. Signature certifies compliance with requirements detailed on Subaward
subrecipient agreement.
Print name and title of Authorized Subrecipient official: Signature of Authorised Sub&ecipient Official:
ocu8yned y:
Rod Beck Chair
10. Enter Employer Identification Number (EIN) 1 Federal Tax Identification Number: 11. Date Signed
1/8/2025 1 9:30 AM M T
12. DUE DATE: T Docusignedby:
Signed award must be returned to IOEM on or before the above due date. F 1/8/2025
110:28 A
Trent Tripple, Ada County Clerk
Docusign Envelope ID:06BDE59D-0398446MFE3-4A68GB769B87
MEMORANDUM OF UNDERSTANDING
Between
The State of Idaho, Office of Emergency Management
And
Ada County
Regarding the use of FY 2024 Homeland Security Grant Program Funding
1 . Parties. The parties to this Agreement (Agreement or MOU) are the State of Idaho,
Office of Emergency Management (IOEM) and Ada County, referred to as
"subrecipient".
2 . Authority. This agreement is authorized under the provisions of Title 46, Chapter 10
Idaho Code.
3 . Purpose. The purpose of this Agreement is to set forth terms by which the IOEM
shall expend FY 24 State Homeland Security Grant Program (SHSP) funds on behalf of
the subrecipient. On September 19, 2024, the United States Department of Homeland
Security issued grant number EMW-2024-SS-05016 to the State of Idaho. Under this
grant award, the State of Idaho, Office of Emergency Management must allocate grant
funding to local jurisdictions. Based on the SHSP grant guidance issued by The
Department of Homeland Security (DHS) and Federal Emergency Management
Agency (FEMA), the subrecipient may authorize IOEM to 1) obligate and pay vendors
directly for equipment purchases and 2) retain funding at the state level and provide
project management for the 4 below identified priority areas at the state level as
required by the Homeland Security Notice of Funding Opportunity (NOFO).
4. Required Investment in Priority Areas. In assessing the national risk profile for FY
2024, the DHS and the FEMA have determined six priority areas that attract the most
concern. And due to the unique threats that the nation faces in 2024, DHS and FEMA
have specific percentages of SHSP funds required for each area, for a total of 30
percent of the grant award. The following are the six priority areas for FY 2024, along
with the corresponding percentage of Idaho SHSP funds that are to be utilized for
each priority area to obtain a full allocation of SHSP funds:
a . Enhancing the protection of soft targets / crowded spaces — 5.50 percent
b . Enhancing information and intelligence sharing and analysis — 5 percent
c. Combating domestic violent extremism — 5 percent
d. Enhancing cybersecurity- 4.50 percent
e . Enhancing community preparedness and resilience — 7 percent
f. Enhancing election security — 3 percent
As IOEM is required to pass 80 percent of the FY24 SHSP award to local
jurisdictions (IOEM retains 20 percent), the cost share between IOEM and local
jurisdictions to satisfy the National Priority Area spending requirements is
proportional to the IOEM allocation (20 percent) and local jurisdiction allocation (80
percent).
5 . Idaho's Investment Priorities
Docusign Envelope ID:06BDE59D-0398-4468-SFE3-4A68GB769687
a . Priority Area — Enhancing Election Security
This priority area includes partnering with the Secretary of State's office and other
local, state and federal partners to increase safety and security around Idaho's
statewide elections. Projects include creating election data boards, monitoring
polling stations, planning and training to prevent and respond to any issues
disrupting free and fair elections.
Cost Breakout:
State Share of expected project costs: $33,379
Local Share of expected project costs (statewide): $98,561
Total expected project costs: $131,940
b . Priority Areas —Enhancing Information and Intelligence Sharing and Analysis,
and Combating Domestic Violent Extremism (DVE)
The Fusion Center's mission includes collecting, analyzing, and disseminating
threat information. The funds support leadership, specialized analysts, web
crawling software, subscriptions, and training. Another feature of the Idaho Fusion
Center is the Fusion Liaison Officer program, which contributes significantly to
local law enforcement officials receiving critical intelligence regarding suspicious
activity reports. Funding also addresses threats related to domestic violent
extremism and drug and human trafficking, sustaining Idaho's capacity to collect,
analyze, and share terrorist threat information.
Cost Breakout:
State Share of expected project costs: $106,886
Local Share of expected project costs (statewide): $327,206
Total expected project costs: $434,092
6. Responsibilities.
a . IOEM: The IOEM will provide SHSP grant fund management on behalf of the
subrecipient for:
i. Equipment purchased at the subrecipient level.
I . Equipment purchases must be authorized and fit within the scope of the
SHSP grant.
2 . Obligations and payments for qualifying equipment may only occur
during the period of this SHSP grant award and any subsequent
approved extensions of this grant award.
ii.Provisional funds and project execution for the required Enhancing
Community Preparedness and Resilience investment.
b .Subrecipients: the duly authorized subrecipient official (elected official or
authorized delegate):
i. Has read and understands the Homeland Security Grant Program Guidance
and Standard Terms and Conditions
ii. Authorizes the IOEM to obligate and expend Homeland Security Grant
Program funds in accordance with this MOU.
Approving Officials
Docusign Envelope ID:06BDE59D-0398-4468-BFE3.4A68CB769B87
Brad Richy, IOEM Director :Rod Beck, Commissioner
4040 Guard Street, Bldg. 600 Ada County
Boise, ID 83705 200 W. Front St.
(208)422-3040 Boise, ID 83702
Other Provisions. Nothing in this Agreement is intended to conflict with current
laws or regulations of the State of Idaho or any subrecipient jurisdiction. If a term
of this agreement is inconsistent with such authority, then the term shall be invalid,
but the remaining terms and conditions of this agreement shall remain in full force
and effect.
7- Point of contact: The point of contact for Ada County regarding emergency
management is:
Joe Lombardo, Deputy Director
8 . Effective Date. The terms of this agreement will become effective upon signing by
the parties.
9 . Modification. This agreement may be modified upon the mutual written consent of
the parties.
10. Termination. The terms of this agreement in its original form, or if modified with the
consent of both parties, will remain in effect until the end of the grant period.
11 . State officials and employees not personally liable. It is agreed by and between
the Parties hereto that, in no event, shall any official, employee or agent of the Lessor
be in any way personally liable for any covenant or agreement herein contained,
whether expressed or implied.
12. Sovereign Immunity. Nothing contained herein shall be deemed to constitute a
waiver of the State's sovereign immunity, which immunity is hereby expressly
reserved.
13 . Binding Effect. This agreement is binding upon and will run to the benefit of the
heirs, executors, administrators, successors and assigns of the parties.
Approved by:
Attested By:
oowegow er.
uetpn by:
1/8/2025 1 9:30 AM MST re,7� 1/8/2025 1 10:28 f
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672111M88
Rod Beck [date] Trent Tripple, Clerk
Commissioner
Docusign Envelope ID:06BDE59D-0398-4468-8FE3-4A68CB769B87
.�2f' I �2 2-
Brad Richy [date]
IOEM Director
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2024 DHS Terms and Conditions
The Fiscal Year (FY) 2024 Department of Homeland Security (DHS) Standard Terms and
Conditions apply to all new federal awards of federal financial assistance (federal awards)
for which the federal award date occurs in FY 2024 and flow down to subrecipients unless
a term or condition specifically indicates otherwise. For federal awards that may involve
continuation awards made in subsequent FYs, these FY 2024 DHS Standard Terms and
Conditions will apply to the continuation award unless otherwise specified in the terms and
conditions of the continuation award. The United States has the right to seek judicial
enforcement of these terms and conditions.
All legislation and digital resources are referenced with no digital links. These FY 2024
DHS Standard Terms and Conditions are maintained on the DHS website at
https://www.dhs.gov/publication/fyl5-dhs- standard-terms-and-conditions.
A. Assurances, Administrative Requirements, Cost Principles, Representations
and Certifications
I. Recipients must complete either the Office of Management and Budget (OMB)
Standard Form 424B Assurances - Non- Construction Programs, or OMB Standard
Form 4240 Assurances - Construction Programs, as applicable. Certain assurances in
these documents may not be applicable to your program and the DHS financial
assistance office (DHS FAO) may require applicants to certify additional assurances.
Applicants are required to fill out the assurances as instructed by the federal awarding
agency.
B. General Acknowledgements and Assurances Recipients are required to follow
the applicable provisions of the Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards in effect as of the
federal award date and located at 2 C.F.R. Part 200 and adopted by DHS at 2
C.F.R. § 3002.10.
All recipients and subrecipients must acknowledge and agree to provide DHS access to
records, accounts, documents, information, facilities, and staff pursuant to 2 C.F.R. §
200.337.
I. Recipients must cooperate with any DHS compliance reviews or compliance
investigations..
II. Recipients must give DHS access to examine and copy records, accounts, and other
documents and sources of information related to the federal financial assistance award
and permit access to facilities and personnel.
III. Recipients must submit timely, complete, and accurate reports to the appropriate DHS
officials and maintain appropriate backup documentation to support the reports.
IV. Recipients must comply with all other special reporting, data collection, and
evaluation requirements required by law, federal regulation, Notice of Funding
Opportunity, federal award specific terms and conditions, and/or federal awarding
agency program guidance.
V.Recipients must complete the DHS Civil Rights Evaluation Tool within thirty (30) days
of receiving the Notice of Award for the first award under which this term applies.
Recipients of multiple federal awards from DHS should only submit one completed tool
for their organization, not per federal award. After the initial submission, recipients
are required to complete the tool once every two (2) years if they have an active
federal award, not every time a federal award is made. Recipients must submit the
completed tool, including supporting materials, to CivilRightsEvaluation@hq.dhs.gov.
This tool clarifies the civil rights obligations and related reporting requirements
contained in these DHS Standard Terms and Conditions. Subrecipients are not
required to complete and submit this tool to DHS. The evaluation tool can be found at
https://www.dhs.gov/publication/dhs- civil-rights-evaluation-tool. DHS Civil Rights
Evaluation Tool I Homel and Security
Page 6 OF 13
The DHS Office for Civil Rights and Civil Liberties will consider, in its discretion, granting
an extension to the 30-day deadline if the recipient identifies steps and a timeline for
completing the tool. Recipients must request extensions by emailing the request to
CivilRightsEvaluation@hq.dhs.gov prior to expiration of the 30-day deadline.
C. Standard Terms & Conditions
I. Acknowledgement of Federal Funding from DHS
Recipients must acknowledge their use of federal award funding when issuing statements,
press releases, requests for proposal, bid invitations, and other documents describing
projects or programs funded in whole or in part with federal award funds.
II. Activities Conducted Abroad
Recipients must coordinate with appropriate government authorities when performing
project activities outside the United States obtain all appropriate licenses, permits, or
approvals.
III. Age Discrimination Act of 1975
Recipients must comply with the requirements of the Age Discrimination Act of 1975, Pub.
L. No. 94-135 (codified as amended at 42 U.S.C. § 6101 et seq.), which prohibits
discrimination on the basis of age in any program or activity receiving federal financial
assistance.
IV. Americans with Disabilities Act of 1990
Recipients must comply with the requirements of Titles I, II, and Ill of the Americans with
Disabilities Act, Pub. L. No. 101-336 (1990) (codified as amended at 42 U.S.C. §§ 12101-
12213), which prohibits recipients from discriminating on the basis of disability in the
operation of public entities, public and private transportation systems, places of public
accommodation, and certain testing entities.
V.Best Practices for Collection and Use of Personally Identifiable Information
Recipients who collect personally identifiable information (PII) as part of carrying out the
scope of work under a federal award are required to have a publicly available privacy
policy that describes standards on the usage and maintenance of the PII they collect. DHS
defines PII as any information that permits the identity of an individual to be directly or
indirectly inferred, including any information that is linked or linkable to that individual.
Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and
Privacy Template as useful resources respectively.
VI. Civil Rights Act of 1964 - Title VI
Recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964,
Pub. L. No. 88-352 (codified as amended at 42 U.S.C. § 2000d et seq.), which provides that
no person in the United States will, on the grounds of race, color, or national origin, be
excluded from participation in, be denied the benefits of, or be subjected to discrimination
under any program or activity receiving federal financial assistance. DHS implementing
regulations for the Act are found at 6 C.F.R. Part 21. Recipients of an award from the
Federal Emergency Management Agency (FEMA) must also comply with FEMA's
implementing regulations at 44 C.F.R. Part 7.
VII. Civil Rights Act of 1968
Recipients must comply with Title VIII of the Civil Rights Act of 1968, Pub. L. No. 90-284
(codified as amended at 42 U.S.C. § 3601 et seq.) which prohibits recipients from
discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision
of services in connection. therewith, on the basis of race, color, national origin, religion,
disability, familial status, and sex, as implemented by the U.S. Department of Housing and
Page 7 OF 13
Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination
includes the requirement that new multifamily housing with four or more dwelling units-
i.e., the public and common use areas and individual apartment units (all units in buildings
with elevators and ground-floor units in buildings without elevators)-be designed and
constructed with certain accessible features. (See 24 C.F.R. Part 100, Subpart D.)
VIII. Copyright
Recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 to any
work first produced under federal awards and also include an acknowledgement that the
work was produced under a federal award (including the federal award number and federal
awarding agency). As detailed in 2 C.F.R. § 200.315, a federal awarding agency reserves a
royalty-free, nonexclusive, and irrevocable right to reproduce, publish, or otherwise use the
work for federal purposes and to authorize others to do so.
IX. Debarment and Suspension
Recipients must comply with the non-procurement debarment and suspension regulations
implementing Executive Orders (E.O.) 12549 and 12689 set forth at 2 C.F.R. Part 180 as
implemented by DHS at 2 C.F.R. Part 3000. These regulations prohibit recipients from
entering into covered transactions (such as subawards and contracts) with certain parties
that are debarred, suspended, or otherwise excluded from or ineligible for participation in
federal assistance programs or activities.
X..Drug-Free Workplace Regulations
Recipients must comply with drug-free workplace requirements in Subpart B (or Subpart
C, if the recipient is an individual) of 2 C.F.R. Part 3001, which adopts the Government-
wide implementation (2 C.F.R. Part 182) of the Drug-Free Workplace Act of 1988 (41
U.S.C. §§ 8101-8106).
XI. Duplicative Costs
Recipients are prohibited from charging any cost to this federal award that will be included
as a cost or used to meet cost sharing or matching requirements of any other federal award
in either the current or a prior budget period. (See 2 C.F.R. § 200.403(f)). However,
recipients may shift costs that are allowable under two or more federal awards where
otherwise permitted by federal statutes, regulations, or the federal financial assistance
award terms and conditions.
XII. Education Amendments of 1972 (Equal Opportunity in Education Act)- Title IX
Recipients must comply with the requirements of Title IX of the Education Amendments of
1972, Pub. L. No. 92-318 (codified as amended at 20 U.S.C. § 1681 et seq.), which provide
that no person in the United States will, on the basis of sex, be excluded from participation
in, be denied the benefits of, or be subjected to discrimination under any educational
program or activity receiving federal financial assistance. DHS implementing regulations
are codified at 6 C.F.R. Part 17. Recipients of an award from the Federal Emergency
Management Agency (FEMA) must also comply with FEMA's implementing regulations at
44 C.F.R. Part 19.
XIII. E.O. 14074 - Advancing Effective. Accountable P icing and Criminal Justice Practices
to Enhance Public Trust and Public Safety
Recipient State, Tribal, local, or territorial law enforcement agencies must comply with the
requirements of section 12(c) of E.O. 14074. Recipient State, Tribal, local, or territorial law
enforcement agencies are also encouraged to adopt and enforce policies consistent with
E.O. 14074 to support safe and effective policing.
XIV. Energy Policy and Conservation Act
Recipients must comply with the requirements of the Energy Policy and Conservation Act,
Page 8 OF 13
Pub. L. No. 94-163 (1975) (codified as amended at42 U.S.C. § 6201 et seq.), which contain
policies relating to energy efficiency that are defined in the state energy conservation plan
issued in compliance with this Act.
XV. False Claims Act and Program Fraud Civil Remedies
Recipients must comply with the requirements of the False Claims Act, 31 U.S.C. §§ 3729-
3733, which prohibit the submission of false or fraudulent claims for payment to the
Federal Government. (See 31 U.S.C. §§ 3801-3812, which details the administrative
remedies for false claims and statements made.)
XVI. Federal Debt Status
All recipients are required to be non-delinquent in their repayment of any federal debt.
Examples of relevant debt include delinquent payroll and other taxes, audit disallowances,
and benefit overpayments. (See OMB Circular A-129.)
XVII. Federal Leadership on Reducing Text Messaging while Driving
Recipients are encouraged to adopt and enforce policies that ban text messaging while
driving recipient-owned, recipient-rented, or privately owned vehicles when on official
government business or when performing any work for or on behalf of the Federal
Government. Recipients are also encouraged to conduct the initiatives of the type
described in Section 3(a) of E.O. 13513.
KVIII. Fly America Act of 1974
Recipients must comply with Preference for U.S. Flag Air Carriers (a list of certified air
carriers can be found at: Certificated Air Carriers List I US Department of Transportation,
https://www.transportation.gov/policy/aviation-policy/certificated-air-carriers-list) for
international air transportation of people and property to the extent that such service is
available, in accordance with the International Air Transportation Fair Competitive
Practices Act of 1974, 49 U.S.C. § 40118, and the interpretative guidelines issued by the
Comptroller General of the United States in the March 31, 1981, amendment to
Comptroller General Decision B-138942.
XIX. Hotel and Motel Fire Safety Act of 1990
Recipients must ensure that all conference, meeting, convention, or training space funded
entirely or in part by federal award funds complies with the fire prevention and control
guidelines of Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. § 2225a.
XX. John S. McCain National Defense Authorization Act of Fiscal Year 2019
Recipients, subrecipients, and their contractors and subcontractors are subject to the
prohibitions described in section 889 of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019, Pub. L. No. 115-232 (2018) and 2 C.F.R. §§ 200.216, 200.327,
200.471, and Appendix II to 2 C.F.R. Part 200. The statute - as it applies to DHS recipients,
subrecipients, and their contractors and subcontractors - prohibits obligating or expending
federal award funds on certain telecommunications and video surveillance products and
contracting with certain entities for national security reasons.
XXI. Limited English Proficiency (Civil Rights Act of 1964, Title VIA
Recipients must comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et
seq.) prohibition against discrimination on the basis of national origin, which requires that
recipients of federal financial assistance take reasonable steps to provide meaningful
access to persons with limited English proficiency (LEP) to their programs and services.
For additional assistance and information regarding language access obligations, please
refer to the DHS Recipient Guidance: https://www.dhs.gov/guidance-published-help-
department-supported-organizations-provide-meaningful-access-people-limited and
additional resources on http://www.lep.gov.
Page 9 OF 13
XXII. Lobbing Prohibitions
Recipients must comply with 31 U.S.C. § 1352 and 6 C.F.R. Part 9, which provide that none
of the funds provided under a federal award may be expended by the recipient to pay any
person to influence, or attempt to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with any federal action related to a federal award or contract,
including any extension, continuation, renewal, amendment, or modification. Per 6 C.F.R.
Part 9, recipients must file a lobbying certification form as described in Appendix A to 6
C.F.R. Part 9 or available on Grants.gov as the Grants.gov Lobbying Form and file a
lobbying disclosure form as described in Appendix B to 6 C.F.R. Part 9 or available on
Grants.gov as the Disclosure of Lobbying Activities (SF-LLL).
KXIII. National Environmental Polices
Recipients must comply with the requirements of the National Environmental Policy Act of
1969, Pub. L. No. 91-190 (1970) (codified as amended at 42 U.S.C. § 4321 et seq.) (NEPA)
and the Council on Environmental Quality (CEQ) Regulations for Implementing the
Procedural Provisions of NEPA, which require recipients to use all practicable means
within their authority, and consistent with other essential considerations of national policy,
to create and maintain conditions under which people and nature can exist in productive
harmony and fulfill the social, economic, and other needs of present and future generations
of Americans.
XXIV.Nondiscrimination in Matters Pertaining to Faith-Based Organizations
It is DHS policy to ensure the equal treatment of faith-based organizations in social service
programs administered or supported by DHS or its component agencies, enabling those
organizations to participate in providing important social services to beneficiaries.
Recipients must comply with the equal treatment policies and requirements contained in 6
C.F.R. Part 19 and other applicable statues, regulations, and guidance governing the
participations of faith- based organizations in individual DHS programs.
XXV. Non-SuIplanting Requirement
Recipients of federal awards under programs that prohibit supplanting by law must ensure
that federal funds supplement but do not supplant non-federal funds that, in the absence of
such federal funds, would otherwise have been made available for the same purpose.
XXVI.Notice of Funding_Opportunity Requirements
All the instructions, guidance, limitations, scope of work, and other conditions set forth in
the Notice of Funding Opportunity (NOFO) for this federal award are incorporated by
reference. All recipients must comply with any such requirements set forth in the NOFO. If
a condition of the NOFO is inconsistent with these terms and conditions and any such
terms of the Award, the condition in the NOFO shall be invalid to the extent of the
inconsistency. The remainder of that condition and all other conditions set forth in the
NOFO shall remain in effect.
:XVII. Patents and Intellectual Property Rights
Recipients are subject to the Bayh-Dole Act, 35 U.S.C. § 200 et seq. and applicable
regulations governing inventions and patents, including the regulations issued by the
Department of Commerce at 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms under Government Awards, Contracts, and
Cooperative Agreements) and the standard patent rights clause set forth at 37 C.F.R. §
401 . 14.
KVIII. Procurement of Recovered Materials
States, political subdivisions of states, and their contractors must comply with Section 6002
Page 10 OF 13
of the Solid Waste Disposal Act, Pub. L. No. 89-272 (1965) (codified as amended by the
Resource Conservation and Recovery Act at 42 U.S.C. § 6962) and 2 C.F.R. § 200.323. The
requirements of Section 6002 include procuring only items designated in guidelines of the
Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest
percentage of recovered materials practicable, consistent with maintaining a satisfactory
level of competition.
KXIX. Rehabilitation Act of 1973
Recipients must comply with the requirements of Section 504 of the Rehabilitation Act of
1973, Pub. L. No. 93-112 (codified as amended at 29 U.S.C. § 794), which provides that no
otherwise qualified handicapped individuals in the United States will, solely by reason of
the handicap, be excluded from participation in, be denied the benefits of, or be subjected
to discrimination under any program or activity receiving federal financial assistance.
XXX.Reporting of Matters Related to Recipient Integrity and Performance
If the total value of any currently active grants, cooperative agreements, and procurement
contracts from all federal awarding agencies exceeds $10,000,000 for any period of time
during the period of performance of the federal award, then the recipient must comply with
the requirements set forth in the government-wide Award Term and Condition for Recipient
Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text
of which is incorporated by reference.
KXXI. Reporting Subawards and Executive Compensation
For federal awards that equal or exceed $30,000, recipients are required to comply with
the requirements set forth in the government-wide award term on Reporting Subawards
and Executive Compensation set forth at 2 C.F.R. Part 170, Appendix A, the full text of
which is incorporated by reference.
:XXII. Required Use of American Iron, Steel, Manufactured Products. and Construction
Materials
Recipients of an award of Federal financial assistance from a program for infrastructure
are hereby notified that none of the funds provided under this award may be used for a
project for infrastructure unless:
I . all iron and steel used in the project are produced in the United States-this means all
manufacturing processes, from the initial melting stage through the application of
coatings, occurred in the United States;
2 . all manufactured products used in the project are produced in the United States-this
means the manufactured product was manufactured in the United States; and the cost
of the components of the manufactured product that are mined, produced, or
manufactured in the United States is greater than 55 percent of the total cost of all
components of the manufactured product, unless another standard for determining the
minimum amount of domestic content of the manufactured product has been
established under applicable law or regulation; and
3 . all construction materials are manufactured in the United States-this means that all
manufacturing processes for the construction material occurred in the United States.
The Buy America preference only applies to articles, materials, and supplies that are
consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not
apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the
construction site and removed at or before the completion of the infrastructure project. Nor
does a Buy America preference apply to equipment and furnishings, such as movable
chairs, desks, and portable computer equipment, that are used at or within the finished
infrastructure project but are not an integral part of the structure or permanently affixed
to the infrastructure project.
Page 11 OF 13
Waivers
When necessary, recipients may apply for, and the agency may grant, a waiver from these
requirements. The agency should notify the recipient for information on the process for
requesting a waiver from these requirements.
a . When the Federal agency has determined that one of the following exceptions applies,
the awarding official may waive the application of the domestic content procurement
preference in any case in which the agency determines that:
1 . applying the domestic content procurement preference would be inconsistent with the
public interest;
2 . the types of iron, steel, manufactured products, or construction materials are not
produced in the United States in sufficient and reasonably available quantities or of a
satisfactory quality; or
3 . the inclusion of iron, steel, manufactured products, or construction materials produced
in the United States will increase the cost of the overall project by more than 25
percent.
A request to waive the application of the domestic content procurement preference must be
in writing. The agency will provide instructions on the format, contents, and supporting
materials required for any waiver request. Waiver requests are subject to public comment
periods of no less than 15 days and must be reviewed by the Made in America Office.
There may be instances where an award qualifies, in whole or in part, for an existing
waiver described at "Buy America" Preference in FEMA Financial Assistance Programs for
Infrastructure I FEMA.gov
Definitions
The definitions applicable to this term are set forth at 2 C.F.R. § 184.3, the full text of
which is incorporated by reference.
KXIII. SAFECOM
Recipients receiving federal financial assistance awards made under programs that
provide emergency communication equipment and its related activities must comply
with the SAFECOM Guidance for Emergency Communication Grants, including
provisions on technical standards that ensure and enhance interoperable
communications. The SAFECOM Guidance is updated annually and can be found at
Funding and Sustainment CISA.
XXIV. Terrorist Financing
Recipients must comply with E.O. 13224 and applicable statutory prohibitions on
transactions with, and the provisions of resources and support to, individuals and
organizations associated with terrorism. Recipients are legally responsible for
ensuring compliance with the E.O. and laws.
;XXV. Trafficking Victims Protection Act of 2000 (TVPA)
Recipients must comply with the requirements of the government-wide financial
assistance award term which implements Trafficking Victims Protection Act of
2000, Pub. L. No. 106- 386, § 106 (codified as amended at 22 U.S.C. § 7104). The
award term is located at 2 C.F.R. § 175. 15, the full text of which is incorporated by
reference.
XXVI. Universal Identifier and System of Award Management
Recipients are required to comply with the requirements set forth in the
government-wide financial assistance award term regarding the System for Award
Page 12 OF 13
Management and Universal Identifier Requirements located at 2 C.F.R. Part 25,
Appendix A, the full text of which is incorporated reference.
:XVII. USA PATRIOT Act of 2001
Recipients must comply with requirements of Section 817 of the Uniting and
Strengthening America by Providing Appropriate Tools Required to Intercept and
Obstruct Terrorism Act of2001 (USA PATRIOT Act), which amends 18 U.S.C. §§
175-175c.
XVIII. Use of DHS Sea. Logo and Flags
Recipients must obtain written permission from DHS prior to using the DHS seals,
logos, crests, or reproductions of flags, or likenesses of DHS agency officials. This
includes use of DHS component (e.g., FEMA, CISA, etc.) seals, logos, crests, or
reproductions of flags, or likenesses of component officials.
KXIX. Whistle blower Protection Act
Recipients must comply with the statutory requirements for whistleblower
protections at 10 U.S.0 § 470141 U.S.C. § 4712.
Page 13 OF 13
Exhibit B
SHSP Subaward Guidance 12024
APPENDIX A- Mission Areas&Core Capabilities Investment Guide
ProtectPrevent Mitigate Respond Recover
Planning
Public Information&Warning
Operational Coordination
Intelligence&Information Sharing Community Infrastructure Systems
Resilience
Long-Term Economic
Interdiction&Disruption Vulnerability Critical Transportation Recovery
Reduction
Risk&Disaster Environmental Health&
Screening,Search,&Detection Resilience Response/Health& Social Services
Assessment Safety
Forensics& Access Control& Threats&Hazards Fatality Management Housing
Attribution Identity Verification Identification Services
Fire Management& Natural&
Cybersecurity Cultural
Suppression Resources
Physical Protective Logistics&Supply
Measures Chain Management
Risk Management for
Protection Programs Mass Care Services
&Activities
Supply Chain Integrity Mass Search& Rescue
&Security Operations
On-Scene Security,
Protection&Law
Enforcement
Operational
Communications
Public Health, Healthcare
& Emergency Medical
Services
Situational Assessment
Page 11
July 12,2024
Exhibit A
C7y-ny�-- NC. 22Cl AGREEMENT NO.
Idaho Office of Emergency Management
2022 Subrecipient Agreement
for
Ada County
Date of Award
September 1, 2022
1.SubreelPlent Name and Address 12. Prepared by:Wasaom,Karla 13.Award Number:22SHSPOOI
4. Federal Grant Information
Federal Grant Title: Stele Homeland Security Grant Program
Ada county
7200 Barrister Or. Federal Grant Award Numbar/CPDA Number: EMW.2022-SS-00109197.067
Boise,ID 83704
Federal Granting Agency: Grant Programs Directorate
Federal Emergency Management Agency
U.S.Department of Homeland Security
S Award Amount and Grant ersskdowns
Subreciplenf Unique Ida ntifie r(DUNS): 092031/59 2022 State Homeland Security Program
Award Amount This Action: $604.814.73 Performance/ Budget Period:
Total Award Amount: $604,814.73 Sep 1, 2022 through Feb 28, 2025
6.gFeutramaatu This Subaseard Is approved subject le ouch condaioro or hiriletgn.as Fe set forth on the fa6ostbq penes or Iks document and in sheGeneral Term and
C.ndllione..of Ile euppmt the State Hdoalil Security Giant Pro,,...This I..a not a Rseserch a D...Meant Subsistent Subrxrinihx must IN. NO Idaho Ome or Emergency
M.nanement(IOEM).One"Reenl or Homeland Sessu lly(OHS)and audnorr aces.1.and the nghl to etamlhe and copy iacoms,.ccouriu.end am.,dacumanb and.OWee of
information rderad to the pent end pil access to fird'A 0,personnel,and other Individuals and infdrmaell as may be necatarry,e.rebutted by OHS r"ithums and other
.pphcebi.ins Of program auditors
Tn.Subs.0mol cedine.Ina,to.aubreduenl and it.-cone.clelslvsndor.are not fir...nny debamaa,msp.thin,proposal ter Tenuous,dedii Nolob1e nil eotunfli srtluded
by any federal depenmenl pr.0.11.10 do not ap,..f In Ilu Debarred and Suspended till of tiltillower.ism they.
The Subreciphou uMile.rbfroft .with Ina nCFRtao Subpart F-AWd Rebuuements and Idaho Slate Coda 67.4506-Independent Financial Audne of Limit Gowmmentel
Enubes—Flbnn Resuia nimt.
The SubiaGphim ceNdu.(be harp l cos,rate for the Patent Award luchninn if the de m nmrl.fall la rhinoihl per g sin al..
Arcaptande of subaw rd ceNnad cil..ra eXn rasubemanls studied above erw te the inithed Terms end Condition.
7. Special Conditions:If an extension is rabwAd due to extenuating OrNmstene.,canted your Area Field Officer(AFO)or Ina Idaho Special Terms Menegrt.
a, Agency Approval -
Approving loEM Official: Signature of IOEM Official:
Brad Richy, Director
Idaho Office of Emergency Management Data:
(208) 2 5 8-6 5 0 1 ea.L:)� �pv a0aa-
0. 8ubrtafpl•nt Acceptance
1 have road and understand the attached Terms and Conditions. Signature eertieoa mplbnee with requirements detailed on subaward
subreclpient agreement.
Print name and title of Authorlaed Subreeiplant official: Signal • uth d au he ant Official;
L ^c
70
10. Enter Employer Identific tion Number(EIN)I Federal Tax Identiflp on umber: 11. Date Signed
12.DUE DATE: I
Signed award must be returned to IOEM on or before the above due date.
ATTEST:
Phil 4c ten rAds, un Clerk
•��r��-�iJTrro. ISL: `I- �-�- ZZ
MEMORANDUM OF UNDERSTANDING
Between
The State of Idaho, Office of Emergency Management
and
Ads County
Regarding State Use of 2022 Homeland Security Grant Program Funding
I .Parties. The parties to this Agreement (Agreement or MOU) are the State of Idaho,
Office of Emergency Management (IOEM) and Ada County, referred to as "subrecipient".
2.Authority. This agreement is authorized under the provisions of Title 46, Chapter 10
Idaho Code.
3.Purpose. The purpose of this Agreement is to set forth terms by which the IOEM shall
expend FY 22 State Homeland Security Grant Program (SHSP) funds on behalf of the
subrecipient. On September 1, 2022 the United States Department of Homeland
Security issued grant number EMW-2022-SS-00109 to the State of Idaho. Under this
grant award, the State of Idaho, Office of Emergency Management must allocate grant
funding to local jurisdictions. Under this SHSP grant award, the subrecipient may
authorize the IOEM to 1) obligate and pay vendors directly for equipment purchases
and 2) retain funding at state level and provide project management for the 2 below
identified priority areas at the state level as required by the Homeland Security Notice
of Funding Opportunity (NOFO)
4.Required Investment in Priority Areas. in assessing the national risk profile for FY
2022, the Department of Homeland Security (DHS) and the Federal Emergency
Management Agency (FEMA) has determined six priority areas attract the most
concern. And due to the unique threats that the nation faces in 2022, DHS/FEMA has
determined that at least four of these six priorities should be addressed by allocating
specific percentages of SHSP funds to each area, for a total of 30 percent. The following
are the six priority areas for FY 2022, along with the corresponding percentage of the
Idaho SHSP funds that are to be utilized for each priority area in order to obtain a full
allocation of SHSP funds:
I .Enhancing cybersecurity-1.6 percent
2 .Enhancing the protection of soft targets/crowded places — 7.5 percent
3 .Enhancing information and intelligence sharing and analysis— 4.9 percent
4 .Combating domestic violent extremism — 7 percent
5 .Enhancing election security- 0 percent
6.Enhancing community preparedness and resilience- 9 percent
5. Idaho's Investment in Priority areas. IOEM intends to invest in the following two
priority areas by retaining a share of subrecipient SHSP funds for the following Idaho-specific
purposes:
I .Priority Area l —Enhancing the protection of soft targets/crowded Places (including election security)
IOEM / The Idaho Criminal Intelligence Center (IC2)
•IC2 will continue the commitment to the protection of soft targets/crowded places, and
will continue to focus on schools.IOEM has developed data streams in coordination with
the Idaho Office of School Safety's "Safe-To-Tell," program.IC2 has requested access to
the raw data gathered by this program.Analyst recognition of threats in this new
data-stream will be heavily reliant upon continued training.Other data streams that
enhance the protection of soft targets/crowded places will be maintained and, when
possible, expanded, namely:multiple crime/threat tip lines, smartphone crime/threat tip
application, and traditional See Something, Say Something reporting that goes directly
to IC2 in concert with ad campaigns.
• As bolstering the protection of Idaho's public schools remains a high priority for the
state, ]OEM has partnered with the Idaho Office of School Safety and Security to harden
local schools based up on their state-wide threat and vulnerability assessment project.
Local Funds will be dispersed around the state based on priorities from assessment.
• Budget for Priority Area— Enhancing The Protection of Soft Targets / Crowded Places
Cost breakout:
Total expected project costs: $363,562.50
State share of expected project costs: $72,712.50
Local share of expected project costs: $290,850.00
b. Priority Area 2— Combating Domestic Violent Extremism
•The Idaho Criminal Intelligence Center (IC2) will continue to support an analyst to focus
solely on domestic violent extremism. Additionally, funds will allow for the
procurement of web crawling software and subscriptions for services that surveille and
curate data related to domestic violent extremism.
•Budget for Priority Area— Enhancing the Protection of Soft Targets / Crowded Places
Cost breakout:
Total expected project costs: $339,325.00
State share of expected project costs: $67,865.00
Local share of expected project costs: $271 ,460.00
6 . Responsibilities.
a .IOEM.• The IOEM will provide SHSP grant fund management on behalf of the
subrecipient for:
i. Equipment purchased at the subrecipient level.
I . Equipment purchases must be authorized and fit within the scope of the
SHSP grant.
2 . Obligations and payments for qualifying equipment may only occur during the
period of this SHSP grant award and any subsequent extensions of this grant
award.
ii.Provisional funds and project execution for the required Cyber and Soft targets
investments.
b .Subrecipients: The duly authorized subrecipient official (elected official or authorized
delegate):
i. Has read and understands the Homeland Security Grant Program Guidance and
Standard Terms and Conditions
ii.Authorizcs the IOEM to obligate and expend Homeland Security Grant Program
funds in accordance with the terms of this MOU.
Approving Official.
IOEM Subreci lent
Rod Beck, Chair
Brad Richy
040 Guard Street, Bldg. 600 Ada County
200 W. Front Street
Boise, ID 83705
Boise, ID 83702
(208) 422-3040
[(elected official3_phonc))
Other Provisions. Nothing in this Agreement is intended to conflict with current laws or
regulations of the State of Idaho or any subrecipient jurisdiction. If a term of this agreement
is inconsistent with such authority, then the term shall be invalid, but the remaining terms
and conditions of this agreement shall remain in full force and effect.
9.Point of Contact. The point of contact for Ada County regarding emergency
management is;
Rod Beck, Chair
Ada County
200 W. Front Street
Boise, ID 83702
10. Effective Date. The terms of this agreement will become effective upon signing by
the parties.
I I . Modification. This agreement may be modified upon the mutual written consent of
the parties.
1 2 . Termination. The terms of this agreement in its original form, or if modified with the
consent of both parties, will remain in effect until the end of the grant.
13. State officials and employees not personally liable. It is agreed by and between
the Parties hereto that, in no event, shall any official, employee or agent of the Lessor
be in any way personally liable for any covenant or agreement herein contained,
whether expressed or implied.
14. Sovereign Immunity. Nothing contained herein shall be deemed to constitute a
waiver of the State's sovereign immunity, which immunity is hereby expressly reserved.
15. Binding Effect. This Agreement is binding upon and will run to the benefit of the heirs,
executors, administrators, successors and assigns of the Parties.
Appro by:
Rod Beck, Chair ATMSM
Ada County Date r
Phil MaGrarw,Ads CCU*Clerk
off.? luau aoa-a-
Brad Richy Date
IOEM
2022 DNS Standard Terms and Conditions
The 2022 DNS Standard Terms and Conditions apply to all new federal financial assistance awards
funded in FY 2022. These terms and conditions flow down to subrecipients, unless an award term or
condition specifically Inditates otherwise. The United States has the right to seek judicial
enfortement of these obligations.
All legislation and digital resources are referenced with no digital links. The FY 2022 DNS Standard Terms and
Conditions will be housed on dhs.gov at www.dhs.gov/publication/fy 15-dhs-standard-terms-and-conditions
Assurances. Administrative Reuuirements. Cost Prineinles. Nenresentatlons and Certifications
DNS financial assistance recipients most complete either the Office of Management and Budget
(OMB)Standard Form 4248 Assurances — Non-Construction Programs.or OMB Standard Form 4241)
Ass.ranee, — Construction Programs.as applleahle. Certain assurances in these documents may not
be applicable to your program, and the DNS financial assistance office (DNS FAO) may require
applicants to certify additional assurances. Applicants are required to fill out the assurances as
Instructed by the awarding agency.
DNS financial assistance recipients are required to follow the applicable provisions of the Uniform
A d mi n6 tris"ve Requirements, Cost Prine ipplea, and Audit Requirements for Federal Awards located at
'title 2. Code of Federal Regela buns IC.F.N.t Part 200. and adopted by DHS at 2 C.F.R. Part 31102.
By accepting this agreement, the recipient and Its executives, as defined In 2 C.F.R. section 170.315,
certify that the recipleat's policies are In accordance with OMB's guidance located at 2 C.F.R. Part
200, all applicable federal laws, and relevant Executive guidance.
DNS Specific Acknowledgements and Assurances
All recipients,subrecipients, successors, transferees,and assignees must acknowledge and agree to comply with
applicable provisions governing DNS access to records, accounts, documents, information, facilities,and staff.
1. Recipients must cooperate with any compliance reviews or compliance investigations conducted by DHS.
2. Recipients must give DNS access to, and the right to examine and copy, retards, accounts, and other
documents and sources of information related to the federal financial assistance award and permit access to
facilities,or personnel.
3. Recipients must submit timely. complete.and accurate reports to the appropriate DHS officials and maintain
appropriate backup documentation to support the reports.
4. Recipients must comply with all other special reporting,data collection, and evaluation requirements. as
Prescribed by law or detailed in program guidance.
5. Recipients(as defined in 2 C.F.R. Part 200 and including recipients acting as pass-through entittes)of federal
financial assistance from DHS or one of its awarding component agencies must complete the DHS Civil Rights
Evaluation Tool within thirty (30)days of receipt of the Notice of Award for the first award under which this
term applies. Recipients of multiple awards of OHS financial assistance should only submit one completed tool
for their organization,not per award. After the initial submission, recipients are required to complete the tool
once every two(2) years if they have an active award, not every time an award is made. Recipients should
submit the completed tool, including supporting materials, to Civil RightsEvaluat i on et hq.dhs.gov. This tool
c larifics the civil rights obligations and related reporting requirements contained in the DHS Standard Terms
and Conditions. Subrecipients arc not rcqui red to complete and submit this tool to DHS. The evaluation tool
can be found at https://www.dhs.gov/publication/dhs-eivil-rights-evaluation-tool.
6. The DHS OIGec for Civil Rights and Civil Liberties will consider, in its discretion, granting an extension if the
recipient identifies steps and a timeline for completing the tool. Recipients should request extensions by
.mailing the request to QvilRl•ht,Fvel aiienf•h•dhs. v prior to expiration of the 30-day deadline.
Staadasd Terms d's Condielons
I. Acknowledgement of Federal Funding from DN.
Recipients must acknowledge their use of federal funding when issuing statements, press releases, requests
for proposal, bid invitations, and other documents describing projects or programs funded io whole or in part
with federal funds.
II. Aethiti er Con du aced Abroad
Recipients must ensure that project activities carried on outside the United States arc coordinated as
necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are
obtained.
IIL Aee Df+e+iminetlea An of 1975
R eciDients must comply with the requirements of the Age Discrimination Act of 1975. Public Law Number 94-135
(1975) (eodi fled as note nded at Title 42. U S. ('odc. b 610I et sea a. which prohibits discrimination on the
basis of age in any program or activity receiving federal financial assistance.
IV. Amerteewa wLh D/sehllble+Am of l99d
Recipients must comply wirh the requirements of Tides 1, 11.and UI of the Americans wirh Diaubi/irics An.Pub. L.
No. 101-336(1990) (codified as amended at 42 U.S(' Ss 121n1 I2211, which prohibits recipients from
discriminating on the basis of disability in the oPcration of public is
ins.public and private transportation
systems, places of public accommodation, and certain testing entities.
ar 6or 10
V. Be,' Prattle,, far C,11,,ti,, ad Us, at I --ifitibli, Information (Pill
Recipients who colicet Personally identifiable information(Pll)are required to have a publicly available privacy
policy that describes standards on the usage and maintenance of the PH they collect. DHS defines Pit as any
m formation that permits the identify often individual to be directly or indirectly inferred, including any
information that Is linked or linkable to that individual. Recipients may also find the DHS Privacy Impact
Assessments:Privacy Ouidance and Privacy Tcmoiatc as useful resources respectively.
VI. f 1964-Ti1e Y1
Rttipients must comply w ciTic requirements of Title VI of the Civil Rights Actof/964(codified as amended at
43 U.S.C. 6 2000d et sea.1, which provides that no person in the United Slates will, on the grounds of race.
color, or national origin,be excluded from participation in, be denied the benefits of, or he subjected to
discrimination under any program or activity receiving federal financial assistance. DHS implementing
regulations for the Act are found at 6 C.F.R. Part 21 and 44 C.F.R. Part 7.
VII. (Rfehn Aet of 1968
ce tpicnta must oomply with Title Villfrom of the Civil i g in
the sale, Pub. L. 904R0. as d advertising
through of
Pub. L.
113lli which prohibits recipients from discriminating in the sale,rental, financing, and advertising al
dwellings,or it the provision of services in connection therewith,on the basis of lrace, color,national origin,
religion, disability, familial claret,and sex (sec 42 U.S.C.b 3601 et sea.) as implemented by the U.S.
Department of Housing and Urban Development at 24 C.F.R. Part 100_the IT on disability
discrimination includes the requirement that new multifamily housing with four or more dwelling units—i.e.,
the public and common use areas and individual apartment units(all units in buildings with elevators and
gground-floor units in buildings without elevators)—be designed and constructed with certain accessible
fca lures. (Sec 2d GF.R. Part 100, Subpart D,)
Vill. Coovriehf
Recipients must affix the applicable copyright notices of n Tor " and an acknowledgement of
U.S. Government sponsorship(including the award number) t0 any work first produced Under federal financial
ass istanec awards.
W. D[h n arm eel ad $asvenaion
Recipients are su 67ce, to the non-procurement debarment and suspension regulations implementing
Executive Orders(E.O,) 12549 and 12689 which are at 2 C.F.R. Pert 190 as adopted by DHS al 2 C.F.A. Part
100I. These regulations restrict (e eta nanciai assistance awards,aubflwarda, aad contracts with certain
parties that are debarred,suspended, or otherwise excluded from or ineligible for participation in federal
assistance programs or activities.
X. Drne.Free Wnrkplaee Reaala Hpnt
Recipients must comply with drug-free workplace requirements in Subpart B (or Subpart C, if the recipient is
an individual)aft C.F.R_ Part 3001.which adopts the Government-wide implementation f2 C.F.R. Part 1821 of
Sec. 5 152,5 159 of the Drag-Free Workplace Act of 1988(41 ILS_C 66 R 101-R 1061.
XI. De plies Hna of Benefits
Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200.Subpart
$may not be charged to other federal financial assistance awards to overcame fund deficiencies; to avoid
restrictions imposed by federal statutes, regulations,or federal financial assistance award terms and
conditions; or for other reasons. However, these prohibitions would not preclude recipients from shifting costs
that are allowable under two or more awards in secordance with existing federal statutes,regulations,or the
federal financial assistance award terms and conditions.
X11. t' n -
Rccipicnts must comply wLLh the requirements o"Tit IX o the E ucafion Amen mortis of 1971,Pub. L. 92.318
(1972) (codified es amended a120 U.S.C. fi 1681 et seq.), which provide That no person in the United States
will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any educational program or activity receiving federal financial assistance. DHS
implementing regulations are codified at R C.F.R. Part 12snd 44 C.F.R. Part 19,
XIII. Enerr v Policy and Conservation Act
Ree ipicnts must cotey ly with the requirements of the Energy Policy and Consenarion Art, Pub. L. 94- 163(1975)
(codified as amended at 42 U.S.C_ 6 6201 ersea.l,which contain policies totaling to energy efficiency that are
defined in the state energy conservation plan issued in compliance with this Act.
XIV. MMJVJAiL&
Recipmnts must comply wit the requirements of the False Claims Ac4}I U S C lib 3729. 3733, which prohibit
the subUL"mission of false or fraudulent claims for payment to the federal government. (Sec 31 U.Nx,,t4
3801-3812 which details the administrative remedies for false claims and statements made.)
XV. Federal Debt Status
All recipients are required to be non-delinquent in their repayment of any federal debt. Examples of relevant
debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. (Sec ,Qj.L
Circular A-129.)
XVI. Federal f.eadershfn on Reducine Test Messaeine wAIIe Dri vine
Rec ipicots are encouraged to adopt and enforce policies that ban text messaging while driving as described
in F ilk including conducting initiatives described in Section 3(a)of the Order when on official
government business or when performing any work for or an behalf of the federal government.
XVIL Flv Anrerira Accost'I974
Recipients mull comply with Preference for U.S. Flag Air Carriers (air carriers holding certificates under A.
❑.S.C. @ 41 I021 for international air transportation of people and property to the extent that such service is
soot table, i ,accordance with the International Air Transportation Fair Competitive Practices Act af1974,d9 1_1 S„-•,;,mod
4 1 and the interpretative guidelines issued by the Comptroller General of Inc United Slates in the March
31, 1981,amendment to Comptroller General Decision 8-138942,
XVIII.
In xccor once with Section 6 of the Xorel and Afore?Fire Safety An of l990,], t�2. a, recipients must
ensure that all conference. meeting, convention,or training space funded m w o e or m part witb federal
funds complies with the fire prevention and control guidelines of the Federal Fire Prevearron and Contro(Acrof
vp.ror io
1974, (codified as amended at is U S.0 a. 22251
XIX Limited English Prnfieieary (Civil Rlr/rts 4anff964. Title Ph
Recipients must comply with Title VI of the Civil Rights Act of 1964,142 U.S.c. s 200nd et •en.1 prohibition
against discrimination an the basis of national Origin. which requires that recipient of federal financial
assistance take reasonable steps to provide meaningful access to persons with limited English proficiency
(LEP) 10 their programs and services. For additional assistance and information regarding language access
obligations,please refer to the DNS Recipient Guidance: htIps:l/www.dbs.gov/guidancc-
publishcd-help-departme"I"' o led-organizations.provide-meaningful-access-people-I im i led and additional
resources on httn://www.le.,e .,
Lah brine Pre hlbitle ns
Recipient musi comply with 31 11 S.0 6 13C, which provides that none of the funds provided under a
federal financial assistance award may be expended by the recipient to pay any person to influence, or
attempt to influence an officer or employee of any agency,a Member of Congress,an officer or employee of
Congress, or an employee of a Member of Congress in connection with any federal action related to a federal
award or contract, including any extension, continuation, renewal-amendment, or modification
XXI. tlarfnwal Rwvlronmenra/Pnflrr An
Ree ipienta must comply with the requirements of the National Eneimninnunl Pub,,art of 1969. Pub 1 41-190
(19701(codified as amended at 42 U R.0 s a32 t m xMdNEPA)and the Council on Environmental Qualit
(CEQ)Regulations for Implementing the Procedural Provisions of NEPA,which require recipients to use all
practicable means within their authority, and consistent with other essential considerations of national policy,
to create and maintain conditions under which people and nature can exist in productive harmony and fulfill
the social. economic- and other needs of present and future generations of Americans.
XXIi. Nondiscrimination In Matters Pergaiiiins, in F ions
It is VMS policy to ensure the equal treatment of fail -be se organizations in social service programs
administered or supported by DNS or its component agencies,enabling those organizations I.participate in
providing important social services to beneficiaries. Recipients must comply with the equal treatment policies
and requirements contained in n('.P.R. Pan 19and other applicable statues, regulations. and guidance
governing the participations of faithbased organizations in individual DNS programs.
XXIII.
Reci plants receiving federal financial assistance awards made under programs that prohibit supplanting by
law moat ensure that federal funds do not replace (supplant) funds that have been budgeted for the same
purpose through non-federal sources.
XXIV. N01iee of Fundinr Ilnno rte oily ReOelrement
All iasiructions,guidance, limitations, and other conditions set forth in the Notice of Funding Opporlunily
(NOFO) for this program arc incorporated here by reference in the award terms and conditions. All recipients
must comply with any such requirements set forth in the program NOFO,
XXV. Palen is ud Intelleeteal Pre merlr Rights
Recipients are subject to the Rgvb-Dole Act, 35 U.S('. a 200 et r.•r& unless oI herw i se provided by law. Recipients
arc subject to the specific requirement governing the development, reporting,and disposition of rights to
inventions and patents resulting from federal financial assistance awards located at 37 C.F.R Pan 401 and
the standard patent rights clause located at 37 C.F.R. § 401.14.
XXVI. Prnr ygEg t of Recovered Materials
Stales, politicsl subdivisions of states,and their contractors must comply with Section 6002 of the Solid
Wasle Disposal Act,Pub R9.272(1965). (codified as amended by the Resource Conservation and Recovery Ali,
42 0 S.0 E 6962.1 The requirements of Section 6002 include procuring only items designated in guidelines of
the Environmental Protection Agency(EPA)at A"C.F'.R. Pen 247 that contain the highest percentage of
recovered materials practicable,consistent with maintaining a satisfactory level of competition.
XXVII. Relsssiliratf0n An n4/974
Recipients must comp iy with the requirements of Section 504 of the Rchabtllaariori Aclofl97J, Pub. L. 93-I12
(1973), (codified as amended at 29 D.S_C s 794.) which provides that no otherwise qualified handicapped
individuals in the United States will, solely by reason of the handicap, be excluded from participation in,be
denied the benefits of, or be subjected to discrimination under any program or activity receiving federal
financial assistance.
XXVIII.
I the total value 0f any currently active grants, cooperative agreements• and procurement contracts from all
federal swardin$agencies exceeds $10.000.000 for any period of lime during the period of performance of
this federal award. then the recipients must comply with the requirements set forth in the government-wide
Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200,
Appendix XI1. the full text of wbicb is incorporated here by reference in the award terms and conditions
XXIX.
R ecip tents are rdcqu W 10
comply with the requirements act forth in the government-wide award trim on
Reporting Subawards and Executive Compensation located at 2 C.F.R. Part 170. Appendix A.the full tut of
which is incorporated here by reference in the award terms and conditions.
XXx. SAFFCOM
Recipients receiving federal financial assistance awards made under programs that provide emergency
CnmmaniClllen equipment and its related activities must comply with the SAFFCOM Guidance for Emergency
Communication Grants, including provisions on technical standards that ensure and enhance uncroperable
communications.
XXXI. Terrarlal Finaneine
Recipients must comply with F.O 13224 and U.S. laws that prohibit transactions with, and the provisions of
resources and support to. individuals and organizations associated with terrorism. Recipients are legally
responsible to ensure compliance with the Order and laws.
XXXII
ILA VPA1
Recipients must comply with the requirements o the government-wide financial assistance award term which
implement Section 106(g)of the Trafficking Victims protection Act of 2000(TVPA).codified as amended at
v.s.a or to
22 U.S.C. section 7104. The award term is located at 2 C.F.R.section 175.15,the full text of which is
incorporated here by reference.
XXXBL Universal Identifier and System of Award Manage went
Recipients arc required to comply with the requirements set forth in the government-wide financial
assistance award term regarding the System for Award Management and Universal Identifier Requirements
located at 2 C.F.R. Pert 25, Appendix A.the full text of which is incorporated here by reference.
XXXN. US�PATAJOTArf o/2001
Recipients must comply with requirements of Section 817 of the Uniting,and Strengthening America by Frovidinc
r i / P i , which amends 18
U.S.C. §§ 1 5-175<.
XXXV. "Ad FIRRectptenls must o lam permission from their VHS FAO prior to using the DNS scal(s), logos,crests or
reproductioos of flags or likenesses of OHS agency officials, including use of the United States Coast Guard
seal, logo, crests or reproductions of nags or likenesses of Coast Guard officials.
XXXVI. 1VA/ar/eAlower Prafectian Aef
Recipients must comply wi lh the statutory requirements for whinileblower protections(if applicable) at 14
U.S_C 6 2409,41 U.SC. 6 4712- and 10 U.S_C, 6 7124.41 U.SC. a6 4304 and 4310,
XXXVIL Prier Annmval for MadiBcadon afAnoroved Bi diret
Before making any change to the FEMA approved budget for this award,you must request prior written
approval from FEMA where required by 2 C.F.R. Section 200.308. FEMA is also utilizing its discretion to impose
an additional restriction under 2 C.F.R. Section 200.308(f)regarding the transfer of funds among direct cost
categories,programs, functions, or activities. Therefore, for awards with an approved budget where the
federal aharc is greater than the simplified acquisition threshold (currently 5250,000),you may not transfer
funds among direct coal categories,programs, functions, or activities without prior written approval from
FEMA where the cumulative amount of such transfers exceeds or is expected to exceed ten percent(10%) of
the total budget FEMA last approved. You must report any deviations from your FEMA approved budget in the
first Federal Financial Report (SF-425) you submit following any budget deviation, regardless of whether the
budget deviation requires prior written approval.
XXXVIII.
When original or replacement equipment acquired on cr this award by the recipient or its subreeipienls is no
longer needed for the original proj cct or program or for other activities currently or previously supported by a
federal awarding agency, you must request instructions from FEMA to make proper disposition of the
equipment pursuant to 2 C.F.R. Section 200.313.
XXXIX. Accentanee&road Award Ciafteec
In the event FEMA determines that changes arc necessary to the award document after an award has been
made, including changes to period of performance or terms and conditions, recipients will be notified of the
changes in writing. Once notification has been made,any subsequent request for funds will indicate recipient
acceptance of the changes to the award. Please call the FEMA/GMD Call Center at (866)927-5646 or via
c-mail to ASK-GMDQfema.dhs.gov if you have any questions.
XL.
DHS/F MA un ad
activities trial may require an EHP review are subject to the FEMA Environmental Planning
and Historic Preservation (EHP) review process. This review does not address all federal,state, and local
requirements. Acceptance of federal funding requires recipient to comply with all federal,state,and local
laws. DHS/FEMA is required to consider the Potential impacts to natural and cultural resources of all projects
funded by DHS/FEMA grant funds,through its EHP Review process,as mandated by the National
Environmental Policy Act;National Historic Preservation Act of 1966,as amended;National Flood Insurance
Program regulations; and,any other applicable laws and Executive Orders. To access the FEMA EHP screening
form and instructions-go to the DHS)FEMA websitc at:
blips:/twww.fcma.govimedia-library/assets/documcnt3/9Ol95. In order to initiate EHP review of your
project(s), you must complete all relevant sections of this form and submit it to the Grant Programs
Directorate(GPD) along with all other pertinent project information.The EHP review process must be
completed before funds are released to carry out the proposed project: otherwise, DHS/FEMA may not be
able to fund the project due to noncompliance with EHP laws,executive order, regulations.and policies. if
ground disturbing activities occur during construction,applicant will monitor ground disturbance,and if any
potential archeological resources are discovered, applicant will immediately cease work in that area and
notify the pass-through entity, if applicable, and DHS/FEMA.
XLI.
Recip tents,su brceipicnts, and their contractors and su contractors are subject to the prohibitions described
in section 889 of the 1 S. McCain National Defense Authorization Act for Fiscal Yea,2019. Pub. L.No. 115.232
(2018) and 2 C.F.R.sections 200.216, 200.327,200.471, and Appendix 11 to 2 C.F.R. Part 200. Beginning
August 13, 2020, the statute -as it applies to DHS recipients, subrecipicnts, and their contractors and
subcontractors -prohibits obligating or expending federal award funds on certain telecommunications and
video surveillance products and contracting with certain entities for national security reasons.
XLII. Rea-tred Use of.amer/can Iron.Sloe/.Mono/aelared Prodacfs.and Constriction Af fferials
Recipients and subrecipicnts must comply with the Build America, Buy America Act (BABAA),which was
enacted as part of the Infrastructure Investment and Jobs Act Sections 70901-70927, Pub. L.No. 117-58
(2021);and Executive Order 14005, Ensuring the Future is Made in All of America by All of America's Workers.
Sec also Office of Management and Budget(OMB). Memorandum M-22-11, Initial Implementation Guidance on
Application of Buy America Preference in Federal Financial Assistance Programs for Infrastructure. Recipients
and subrecipicnts of federal financial assistance programs for infrastructure are hereby notified that none of
the funds provided under this award may be used for a project for infrastructure unless:(1)all iron and steel
used in the project are produced in the United States--This means all manufacturing processes, from the initial
melting stage through the application of coatings, occurred in the United States; (2) all manufactured
products used in the project ate produced in the United States--this means the manufactured product was
manufactured in the United Stales: and the cost of the components of the manufactured product that are
mined, produced. at manufactured in the United States is greater than 55 percent of the total cost of all
components of the manufactured product, unless another standard for determining the minimum amount of
domestic content of the manufactured product has been established under applicable law or regulation: and
(3) all construction materials are manufactured in the United Statcs--this means that all manufacturing
processes for the construction material occurred in the United States.The Buy America preference only
v.w a oe to
applies to articles, materials,and supplies that arc consumed in, incorporated into, or affixed to an
infrastructure project. As such. it does not apply to tools,equipment, and supp)ics, such as temporary
scaffolding, brought to the construction site and removed at or before the completion of the infrastructure
project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs.
desks, and portable computer equipment, that are used at or within the finished infrastructure project, but
arc not an integral part of the structure or permanently affixed to the infrastructure project. Waivers When
necessary, recipients may apply for, and the agency may grant, a waiver from these requirements. (a) When
the federal agency has made a determination that one of the following exec�lions applies, the awarding
Official may waive the application of the domestic content procurement pre fe ranee in any cue in which the
agency determines that: (I) applying the domestic content procurement preference would be inconsistent
with the public interest: (2)the types of iron, steel, manufactured products, or construction materials arc not
produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or
1-3) the inclusion of iron, steel. manufactured products, or construction materials produced in the United
States will increase the cost of the overall project by more than 25 percent. A request to waive the application
of the domestic current procurement preference must be in writing.The agency will provide instructions on
the format,contents. and supporting materials required for any waiver request. Waiver requests arc subject
to public comment periods of no less than IS days and must be reviewed by the OMB Made in America
Office. There may be instances where an award qualifies. in whole or in part. for an existing waiver described.
For awards by the Federal Emergency Management Agency(FEMA),existing waivers are available and the
waiver process is described at "Buy America" Preference in FEMA Financial Assistance Programs for
Infrastructure I FEMA.gov. For awards by other DHS components, please contact the applicable DHS FAO. To
see whether a particular DHS federal financial assistance program is considered an infrastructure program
and thus required to include a Buy America preference,please either contact the applicable DHS FAO, or for
FF,MA awards. please sec Programs and Definitions: Build America. Buy America Act I FHMA.gov.
XLIII. Aee/jrabllily el DH.0 Standard Trr d di Tibes
The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon recipients
and Dow down to sabrecipth tents as a matter of law, regulation, or executive order. If the requirement does not
apply to Indian tribes or ere is a federal law or regulation exempting its application to Indian tribes, then
the acceptance by Tribes of, or acquiescence to. DHS Standard Terms and Conditions does not change or
oher its inapplicability to an Indian tribe. The execution of grant documents is not intended to change,alter,
emend, or impose additional liability or responsibility upon the Tribe where it does not already exist.
XLIV. Indirect Coal Rate
2 C.F.R. section 200.211(b)(15)requires the terms of the award to include the indirect cuss rate for the
federal award. If applicable, the indirect cost rate for this award is stated in the budget documents or other
materials approved by FEMA and included in the award file.
XLV. f S PeKonmi:Goa[,
In addition to the Biannual Strategy Implementation Report (BSIR)submission requ]rcmcnta outlined in the
Preparedness Grants Manual, recipients must demonstrate how the grant funded project addressed the core
capability gap associated with this project and identified in the Threat and Hazard Identification and Risk
Assessment(THIRA)or Stakeholder Preparedness Review(SPR)or sustains existing capabilities as applicable.
The capability gap reduction must be addressed in the Project Description of the BSIR for each project.
j(LVI. Oaero1lon Sleeeraedea Proeroas Hr/d
that recipient is prohibited from drawing down OPSG funding under this award or reimbursing OPSG
subrecipients of this award until each unique,specific,or modified county level. tribal, or equivalent
Opc rations Order or Fragmentary Order(FRAGO) has been reviewed by FEMA/GPD and Customs and Border
Protection/United States Border Patrol (CBP/USBP). The recipient will receive the official notification of
approval from FEMA/GPD.
XLVII.
In a drtton to the Biannual Strategy Implementation Report(BSIR) submission requirements outlined in the
Preparedness Grants Manual, recipients must demonstrate how the grant-funded project addressed the core
capability gap associated with this project and identified in the Threat and Hazard Identification and Risk
Assessment (THIRA) or Stakeholder Preparedness Review(SPR)or sustains existing capabilities as applicable.
The capability gap reduction or capability sustamment must be addressed in the Project Description of the
BSIR for each project.
vs•�a or is
AcREEMFNT N0.1�-1-22-
OMB Number:4040-M7
Expiration Date: 02282025
ASSURANCES-NON-CONSTRUCTION PROGRAMS
LrZuo'ng
reporting burden for this collection of information is estimated to average 15 minutes per response,including time for reviewing
tions,searching existing data sources,gathering and maintaining the data deeded,and completing and reviewing the collection of
ation.Send comments regarding the burden estimate or any other aspect of this collection of information,including suggestions for
this burden,to the Office of Management and Budget, Paperwork Reduction Project(0348-0040).Washington,DC 20503.
SE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND
THE ADDRESS PROVIDED BY THE SPONSORING AGENCY.
NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions,please contact the
awarding agency.Further,certain Federal awarding agencies may require applicants to certify to additional assurances.
If such Is the case,you will be notified.
As the duly authorized representative of the applicant. I certify that the applicant:
1. Has the legal authority to apply for Federal assistance Act of 1973,as amended(29 U.S.C.§794),which
and the institutional,managerial and financial capability prohibits discrimination on the basis of handicaps;(d)
(including funds sufficient to pay the non-Federal share the Age Discrimination Act of 1975,as amended(42 U.
of project cost)to ensure proper planning,management S.C.§§6101-6107),which prohibits discrimination on
and completion of the project described in this the basis of age;(a)the Drug Abuse Office and
application. Treatment Act of 1972(P.L.92-255),as amended,
relating to nondiscrimination on the basis of drug
2. Will give the awarding agency,the Comptroller General abuse;(f)the Comprehensive Alcohol Abuse and
of the United States and,if appropriate,the Stale, Alcoholism Prevention,Treatment and Rehabilitation
through any authorized representative,access to and Act of 1970(P.L.91-616).as amended, relating to
the right to examine all records,books,papers,or nondiscrimination on the basis of alcohol abuse or
documents related to the award;and will establish a alcoholism;(g)§§523 and 527 of the Public Health
proper accounting system in accordance with generally Service Act of 1912(42 U.S.C.§§290 dd-3 and 290
accepted accounting standards or agency directives. ee-3).as amended,relating to confidentiality of alcohol
and drug abuse patient records;(h)TrIe Vill of the Civil
3. Will establish safeguards to prohibit employees from Rights Act of 1968(42 U.S.C.§§3601 at seq.),as
using their positions for a purpose that constitutes or amended,relating to nondiscrimination in the sale,
presents the appearance of personal or organizational rental or financing of housing;(1)any other
conflict of interest,or personal gain. nondiscrimination provisions in the specific stalute(s)
under which application for Federal assistance is being
4. Will initiate and complete the work within the applicable made;and,p)the requirements of any other
time frame after receipt of approval of the awarding nondiscrimination statute(s)which may apply to the
agency. application.
5. Will comply with the intergovernmental Personnel Act of 7. Will comply,or has already complied,with the
1970(42 U.S.C.§§4728.4763)relating to prescribed requirements of Titles 11 and III of the Uniform
standards for merit systems for programs funded under Relocation Assistance and Real Property Acquisition
one of the 19 statutes or regulations specified in Policies Act of 1970(P.L.91-646)which provide for
Appendixfair and equitable treatment of persons displaced or
Personnel
A of OPM's Standards fora Merit System of whose property is acquired as a result of Federal or
Personl Administration(5 C.F.R.900,Subpar)F). federally-assisted programs.These requirements
6. Will comply with all Federal statutes relating to apply to all interests in real property acquired for
nondiscrimination.These include but are not limited to: project purposes regardless of Federal participation in
(a)Title VI of the Civil Rights Act of 1964(P.L.88-352) purchases.
which prohibits discrimination on the basis of race,color S. Will comply,as applicable,with provisions of the
or national origin;(b)Title IX of the Education Hatch Act(5 U.S.C.§§1501-1508 and 7324-7328)
Amendments of 1972.as amended(2D U.S.C.§§1681- which limit the political activities of employees whose
1683, and 1685-1686).which prohibits discrimination on principal employment activities are funded in whole
the basis of sex;(c)Section 504 of the Rehabilitation or in part with Federal funds.
Previous Edition Usable atandwd Form 4240 tRn.767)
Authorized for Local Reproduction Prescribed by 011113 Lln:ular X102
I
i
9, Will comply,as applicable,with the provisions of the Davis- 13. Will assist the awarding agency in assuring compliance
Bacon Act(40 U.S.C.§§276a to 276a-7),the Copeland Act with Section 106 of the National Historic Preservation
(40 U.S.C.§276c and 18 U.S.C.§874).and the Contract AG of 1966,as amended(16 U.S.C.§470),EO 11593
Work Hours and Safety Standards Act(40 U.S.C.§§327- (identification and protection of historic properties),and
333),regarding labor standards for federally-assisted the Archaeological and Historic Preservation Act of
construction subagreements. 1974(16 U.S.C.§§46ge-1 at seq.).
10. Nil comply,If applicable,with flood insurance purchase 14. Nil comply with P.L.93-348 regarding the protection of
requirements of Section 102(a)of the Flood Disaster human subjects involved in research,development,and
Protection Act of 1973(P.L.93-234)which requires related activides supported by this award of assistance.
recipients in a special flood hazard area to participate in the
program and to purchase flood insurance it the total cost of 15. Will comply with the Laboratory Animal Welfare Act of
insurable construction and acquisition is$10.000 or more. 1966(P.L.89-544,as amended,7 U.S.C.§§2131 at
seq.)pertaining to the care. handling,and treatment of
it. Will comply with environmental standards which may be warm blooded animals held for research,teaching,or
prescribed pursuant to the following:(a)institution of other activities supported by this award of assistance.
environmental quality control measures under the National
Environmental Policy Act of 1969(P.L.91-190)and 16. Will comply with the Lead-Based Paint Poisoning
Executive Order(ED)11514;(b)notification of violating Prevention Act(42 U.S.C.§§4801 at seq.)which
facilities pursuant to EO 11738:(c)protection of wetlands prohibits the use of lead-based paint in construction or
pursuant to EO 11990;(d)evaluation of flood hazards in rehabilitation of residence structures.
floodplains in accordance with EO 11988;(a)assurance of 17 Nil cause to be performed the required financial and
project consistency with the approved State management compliance audits in accordance with the Single Audit
program developed under the Coastal Zone Management Act Amendments of 1996 and OMB Circular No.A-133.
Act of 1972(16 U.S.C.§§1451 at seq.);(f)conformity of 'Audits of States,Local Governments,and Non-Profit
Federal actions to State(Clean Air)Implementation Plans Organizations.'
under Section 176(c)of the Clean Air Act of 1955,as
amended(42 U.S.C.§§7401 at seq,);(9)protection of 18. Will comply with all applicable requirements of all other
underground sources of drinking water under the Safe Federal laws,executive orders,regulations,and policies
Drinking Water Act of 1974.as amended(P.L.93-523); governing this program.
and,(h)protection of endangered species under the
Endangered Species Act of 1973.as amended(P.L.93- 19, Will comply with the requirements of Section 106(g)of
205). the Trafficking Victims Protection Act(TVPA)of 2000,a$
amended(22 U.S.C.7104)which prohibits grant award
12. Will comply with the Wild and Scenic Rivers Act of recipients or a sub-recipient from(1)Engaging in severe
1968(16 U.S.C.§§1271 at seq,)related to protecting fortes of trafficking in persons during the period of time
components or potential components of the national that the award is in effect(2)Procuring a commercial
wild and scenic rivers system, sex act during the period of time that the award is in
effect or(3)Using forced labor in the performance of the
award or subawards under the award.
SIGNATURE AUTHORIZED C YING OFFICIAL TITLE
APPLICANT ORGANIZATION DATE SUBMITTED
A'I°TE5rT: StaMald form 42e81R".7471 Beck
4�hllMoOrMa urri Clerk
Exhibit B SHSP Subaward Guidance 2022
APPENDIX A - Mission Areas&Core Capabilities InvestmentGuide
Prevent Protect Mitigate Respond
Planning
Public Information&Warning
Operational Coordination
Intelligence&Information Sharing Community Infrastructure Systems
Resilience
Long-Term Economic
Interdiction&Disruption Vulnerability Critical Transportation Recovery
Reduction
Risk&Disaster Environmental Health&
Screening,Search,&Detection Resilience Response/Health& Social Services
Assessment Safety
Forensics& Access Control& Threats&Hazards Fatality Management Housing
Attribution Identity Verification Identification Services
Fire Management& Natural&
Cybersecurity Suppression Cultural
Resources
Physical Protective Logistics&Supply
Measures Chain Management
Risk Management for
Protection Programs Mass Care Services
&Activities
Supply Chain Integrity Mass Search& Rescue
&Security Operations
On-Scene Security,
Protection&Law
Enforcement
Operational
Communications
Public Health, Healthcare
& Emergency Medical
Services
Situational Assessment
Page 9
July 25, 2022
Exhibit A
AGREEMENT NO. SS 3
Idaho Office of Emergency Management a Z par,
2023 Subreclplent Agreement
`�. iJ psi+ for
Ada County
Dob of Award
September 1,2023
1.Subreclplent Nome and Address 12.Prepared by:Waasom,Karla 13.Award Hum-bar:235HSP040
4. Federal Grant lnfarmatlen
Federal Grant Title: 81ste Homeland Security Grant Program
Ads County
7200 Banister Of. Federal Grant Award Number/CFDA Number; EMW-2023.38-00078/g7.0S7
Boles.ID 03704
Federal Granting Agency; Grant Programs DIM00,01e
Federal Emergency Management Agency
U.S.Department of Homeland Security
0. Award Amount and Grant Breakdowns
Subreclplent Unique Idenllfiar(DUNS): 082031/59 2023 State Homeland Security Program
Award Amount This Action; $629,435.57 Performance/ Budget Period:
Total Award Amount: $629,433.51 Sep 1. 2023 through Feb 28, 2026
S.Requirements: This Subaward It,approved sub)eet to suet,conditions or limitations es are set forth on the following pages of this document and In the
General Terms and Conditions sent to support the State Homeland Stonoft Grant Program.This Is a not a Research S Development Subinn rd.
Subteclplents must give ins Idaho Office of Emergency Management(IOEM),Department of Homeland Security(OHS)and audit=some"to and the rlgm
10 examine and copy records,accounts,and other documents and sources of Information related to it,*grant and Parrott sends to facilities,personnel,and
other Indlviduois and Inrarmallon as may be necessary,at,required by DNS regulations and other applicable laws or program guidance.
The Submalplent certifies that the subreelplont and Ile'contraetors/vendom are not presently debarred,suspended,proposed for debarment,declared
Ineligible at wluntarlly excluded by any federal department or agency and do not appear In the Debarred and Suspended list at sue:/Mww.re�.a�
The SubreClpbant certifies compliance with the 2CFR200 Subpart F-Audit Requirements and Idaho$fore Code 67.4508-Independent Financial Audits of
Local Gowromental Entities—Filing Requirements.
The Subreclplent cortifiea the Indirect cost rote for the Federal Award(Including It the de minlmis rate Is charged)per 1200.414.
Acceptance of subaward cartlMd compllance with requirements detailed above and to the*itched Terms and Condlllons
7. Special Conditions:If an extension Is required due to extenuating circumstances,contact your Ama Field Of lex r(AFO)or the Idaho Special Teems
Manager.
0. Agency Approval
Approving IOEM Official: i/'1 Signature of IORM Official:
Brad Richy, Director i/`ulp/y�
Idaho Office of Emergency Management oats:
(208) 258-6501 la�Acn3 do
I• Submalplent Acceptance
I have road end understand the attached Terms and Conditions. Signature cortiOe Compliance with requirements detailed on subaward
Subreclplent agreement.
Print name and title of Authorlsed Subrecipbnl official: Signs /Ant ed Su Iplent Official:
10.Enter Employer Identity atlon Number(EIN)I Federal Tax idenfiRc a Number: 11. Dob Signed
FZ - i000z� ' - q
72.DUE DATE:'luq/pr A7+BvErATr9t,
Signed award must be returned to IOENI on or before the above due data. aAt.�11L'ND ii��
Trent Tripple,Ada Court lark
MEMORANDUM OF UNDERSTANDING
Between
The State of Idaho, Office of Emergency Management
And
Ada County
Regarding the use of FY 2023 Homeland Security Grant Program Funding
1 .Parties. The parties to this Agreement (Agreement or MOU) are the State of Idaho,
Office of Emergency Management (IOEM) and Ada County, referred to as
"subrecipient".
2.Authority. This agreement is authorized under the provisions of Title 46, Chapter 10
Idaho Code.
3.Purpose. The purpose of this Agreement is to set forth terms by which the IOEM
shall expend FY23 State Homeland Security Grant Program (SHSP) funds on behalf of
the subrecipient. On September 12, 2023, the United States Department of Homeland
Security issued grant number EMW-2023-SS-00078 to the State of Idaho in the
amount of $4,847,500. Under this grant award, the State of Idaho, Office of
Emergency Management must allocate grant funding to local jurisdictions. Based on
the SHSP grant guidance issued by The Department of Homeland Security (DHS) and
Federal Emergency Management Agency (FEMA), the subrecipient may authorize
IOEM to 1) obligate and pay vendors directly for equipment purchases and 2) retain
funding at the state level and provide project management for the 4 below identified
priority areas at the state level as required by the Homeland Security Notice of
Funding Opportunity (NOFO).
4.Required Investment in Priority Areas. In assessing the national risk profile for FY
2023, the DHS and the FEMA have determined six priority areas that attract the most
concern. And due to the unique threats that the nation faces in 2023, DHS and FEMA
have specific percentages of SHSP funds required for each area, for a total of 30
percent of the grant award. The following are the six priority areas for FY 2023, along
with the corresponding percentage of Idaho SHSP funds that are to be utilized for
each priority area to obtain a full allocation of SHSP funds:
a. Enhancing the protection of soft targets / crowded spaces — 6 percent
b.Enhancing information and intelligence sharing and analysis — 5 percent
c. Combating domestic violent extremism — 5 percent
d.Enhancing cybersecurity- 2 percent
e. Enhancing community preparedness and resilience — 9 percent
f.Enhancing election security — 3 percent
As IOEM is required to pass 80 percent of the FY23 SHSP award to local
jurisdictions (IOEM retains 20 percent), the cost share between IOEM and local
jurisdictions to satisfy the National Priority Area spending requirements is
proportional to the IOEM allocation (20 percent) and local jurisdiction allocation (80
percent).
5.Idaho's Investment Priorities
a.Priority Area — Enhancing the protection of soft targets / crowded places
IOEM / The Idaho Criminal Intelligence Center (IC2)
IC2 will continue its commitment to the protection of soft targets / crowded places
and will continue to focus on schools. IOEM has developed data streams in
coordination with the Idaho Office of School Safety's "Safe to Tell' program. IC2
has requested access to the raw data gathered by this program. Analyst recognition
of threats in this new data stream will be heavily reliant upon continued training.
Other data streams that enhance the protection of soft targets / crowded places will
be maintained and expanded such as multiple crime and threat tip lines,
smartphone crime and threat tip lines and traditional 'See Something, Say
Something' reporting that goes directly to IC2 in concert with ad campaigns.
This priority area also includes funding for Idaho's Special Teams including
Hazmat, Bomb Squad and Incident Management Assistance SupportTeam (IMAT),
whose mission is to support response to critical incidents requiring specialized
equipment and training.
Cost Breakout:
State Share of expected project costs: $0
Local Share of expected project costs (statewide): $50,000
Special Teams (hazmat teams, bomb squads, IMAST): $240,000
Total expected project costs: $290,000
b.Priority Area- Enhancing Election Security
This priority area includes IOEM partnering with the Secretary of State's office to
increase safety and security around Idaho's statewide elections. Projects include
creating election data boards and hosting elections and the associated officials at
the Idaho Response Center for monitoring, situational awareness, and preparedness
to address any issues.
Cost Breakout:
State share of expected project costs: $95,456
Local Share of expected project costs (statewide): $50,000
Total expected project costs: $145,456
c. Priority Areas —Enhancing Information and Intelligence Sharing and Analysis,
and Combating Domestic Violent Extremism (DVE)
The Fusion Center's mission includes collecting, analyzing, and disseminating
threat information. The funds support leadership, specialized analysts, web
crawling software, subscriptions, and training. Another feature of the Idaho Fusion
Center is the Fusion Liaison Officer program, which contributes significantly to
local law enforcement officials receiving critical intelligence regarding suspicious
activity reports. Funding also addresses threats related to domestic violent
extremism and drug and human trafficking, sustaining Idaho's capacity to collect,
analyze, and share terrorist threat information.
Cost Breakout:
State Share of expected project costs: $0
Local Share of expected project costs (statewide): $482,247
Total expected project costs: $482,247
d.Priority Area- Enhancing Cybersecurity
This investment will support IOEM's Annual Preparedness Conference Cyber Day
which includes keynote presentations, workshops and activities designed to support
cybersecurity professionals in the most recent threat trends and protective measures. This
event is also intended to provide policy makers and agency staff (those who are not
cybersecurity professionals) with critical information to increase cyber hygiene and bolster
resiliency regarding cyber-attacks. This investment advances many of the 16
recommendations of the Governor's Cybersecurity Task Force.
Cost Breakout:
State Share of expected project costs: $94,605
Local Share of expected project costs: $0
Total expected project costs: $94,605
6.Responsibilities.
a. IOEM: The IOEM will provide SHSP grant fund management on behalf of the
subrecipient for:
i. Equipment purchased at the subrecipient level.
I .Equipment purchases must be authorized and fit within the scope of the
SHSP grant.
2.Obligations and payments for qualifying equipment may only occur
during the period of this SHSP grant award and any subsequent
approved extensions of this grant award.
ii.Provisional funds and project execution for the required Enhancing
Community Preparedness and Resilience investment.
b.Subreciplents: the duly authorized subrecipient official (elected official or
authorized delegate):
i. Has read and understands the Homeland Security Grant Program Guidance
and Standard Terms and Conditions
ii.Authorizes the IOEM to obligate and expend Homeland Security Grant
Program funds in accordance with this MOU.
Approving Officials
IOEM _ Subrecipient
Brad Richy, IOEM Director Rod Beck,Administrative Officcr
4040 Guard Street, Bldg. 600 Ada County
Boise, ID 83705 200 W. Front St.
Boise.ID 8I702
(208)422-3040
I
Other Provisions. Nothing in this Agreement is intended to conflict with current
laws or regulations of the State of Idaho or any subrecipient jurisdiction. If a term
of this agreement is inconsistent with such authority, then the term shall be invalid,
but the remaining terms and conditions of this agreement shall remain in full force
and effect.
7.Point of contact: The point of contact for Ada County regarding emergency
management is:
Joe Lombardo, Deputy Director
8.Effective (Date. The terms of this agreement will become effective upon signing by
the parties.
9.Modification. This agreement may be modified upon the mutual written consent of
the parties.
10.Termination. The terms of this agreement in its original form, or if modified with the
consent of both parties, will remain in effect until the end of the grant period.
1 I . State officials and employees not personally liable. It is agreed by and between
the Parties hereto that, in no event, shall any official, employee or agent of the Lessor
be in any way personally liable for any covenant or agreement herein contained,
whether expressed or implied.
12. Sovereign Immunity. Nothing contained herein shall be deemed to constitute a
waiver of the State's sovereign immunity, which immunity is hereby expressly
reserved.
13. Binding Effect. This agreement is binding upon and will run to the benefit of the
heirs, executors, administrators, successors and assigns of the parties.
Approv y:
I
Rod Beck [date) Trent Tripple,Ada Couq Clerk
Administrative Officer
t.zsfW=J 0&4
Brad Richy [date)
IOEM Director
2023 DHS Standard Terms and Conditions
The 2023 DHS Standard Terms and Conditions apply to all new federal financial assistance awards
funded in FY 2023. These terms and conditions flow down to subreciplents, unless an award term or
condition specifically indicates otherwise. The United States has the right to seek judicial
enforcement of these obligations.
All legislation and digital resources are referenced with no digital links. The FY 2023 DHS Standard Terms and
Conditions will be housed on dhs.gov at www.dhs.gov/publication/fy15.dhs-standard-terms-and-conditions.
Assurances. Administrative Requirements, Cost Principles. Representations and Certifications
DHS financial assistance recipients most complete either the Office of Management and Budget
(OMB)Standard Form 424B Assurances — Non-Construction Programs.orOMB Standard Form 424D
Assurances — Construction Programs. as applicable. Certain assurances in these documents may not
be applicable to your program, and the DHS financial assistance office (DHS FAO) may require
applicants to certify additional assurances. Applicants are required to fill out the assurances as
instructed by the awarding agency.
DHS financial assistance recipients are required to follow the applicable provisions of the Uniform
Administrative Requirements, Cost Principles,and Audit Requirements for Federal Awards located at
Title 2. Code of Federal Re¢ulations (C.F.R.) Part 200, and adopted by DHS at 2 C.F.R. Part 3002
By accepting this agreement, the recipient and Its executives, as defined in 2 C.F.R. section 170.315,
certify that the recipient's policies are in accordance with OMB's guidance located at 2 C.F.R. Part
200, all applicable federal laws, and relevant Executive guidance.
DHS Specific Acknowledgements and Assurances
All recipients, subrecipients, successors, transferees, and assignees must acknowledge and agree to comply
with applicable provisions governing DES access to records, accounts, documents, information, facilities, and
staff.
1. Recipients must cooperate with any compliance reviews or compliance investigations conducted by DHS.
2. Recipients must give DHS access to, and the right to examine and copy, records, accounts, and other
documents and sources of information related to the federal financial assistance award and permit access to
facilities, or personnel.
3. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain
appropriate backup documentation to support the reports.
4. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as
prescribed by law or detailed in program guidance.
5. Recipients (as defined in 2 C.F.R. Part 200 and including recipients acting as pass-through entities) of federal
financial assistance from DHS or one of its awarding component agencies must complete the DHS Civil
Rights Evaluation Tool within thirty (30) days of receipt of the Notice of Award for the first award order
which this term applies. Recipients of multiple awards of DES financial assistance should only submit one
completed tool for their organization, not per award. After the initial submission, recipients are required to
complete the tool once every two (2) years if they have an active award, not every time an award is made.
Recipients should submit the completed tool, including supporting materials, to
Civi]RightsEvoluation@hq.dbs.gov. This tool clarifies the civil rights obligations and related reporting
requirements contained in the DHS Standard Terms and Conditions. subrecipients are not required to
complete and submit this tool to DHS. The evaluation tool can be found at
https://www.dbs.gov/publication/dhs-eivil-rights-evaluation-tool. ;
6. The DHS Office for Civil Rights and Civil Liberties will consider, in its discretion, granting an extension if the
recipient identifies steps and a timeline for eamppleting the tool. Recipients should request extensions by
emailing the request to CM_1RiehtsEvaluati one a.dhs.go v prior to expiration of the 30-day deadline.
'r
Standard Terms & Conditions
f '
L Acknowledeement of Federal Funding from DAS
Recipients must acknowledge their use of federal funding when issuing statements, press releases, requests
for proposal, bid invitations, and other documents describing projects or programs funded in whole or in part
with federal funds.
IL Activities Cnn dpeted AM1rnad
Recipients must ensure that project activities carried on outside the United States are coordinated as
necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are
obtained.
III. Aga Disulmination Ace of 1975
Recipients must comply with the requirements of the Age Discrimination Act of 1975, Public Law Number
94-135 (1975) (codified as amended at Title 42. U.S. Cade. 6 6101 et seal, which prohibits discrimination on
the basis of age in any program or activity receiving federal financial assistance,
IV. Americans with Disabilities Act of 1990 x
Recipients must comply with the requirements of Titles I, 11, and III of the Americans with Disabilities Act,
Pub. L. No. 101.336 (1990) (codified as amended at 42 U.S.C. 66 12101— 12213), which prohibits recipients
Page 7 or 11
from discriminating on the basis of disability in the operation of public entities, public and private
transportation systems, places of public accommodation, and certain testing entities.
V. Best Pract' f C 11 t'o and IIs f P sn ally Iden[ifiahle Information lPIII
Recipients who collect personally identifiable information (PII) are required to have a publicly available
privacy policy that describes standards on the usage and maintenance of the PHthey collect. DHS defines
PHas any information that permits the identity of an individual to be directly or indirectly inferred, including
any information that is linked or linkable to that individual. Recipients may also find the DHS Privacy Impact
Assessments: Privacy Guidance and Privacy Template as useful resources respectively.
VI. Civi! Riehm Act of comply
w - Title VI
Recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964(codified as
amended at2000d et seal, which provides that no person in the United States will, on the
grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be
subjected to discrimination under any program or activity receiving federal financial assistance. DHS
implementing regulations for the Act are found at 6 C.F.R. Part 21 and 44 C.F.R. Part 7.
VIL Civil Rights Act of 1968
Recipients must comply with Title VIII of the Civil Rights Act of 1968, Pub. L. 90-284, as amended throueh
Pub. L. 113-4. which prohibits recipients from discriminating in the sale, rental, financing, and advertising of
dwellings, or in the provision of services in connection therewith, on the basis of race, color, national origin,
religion, disability, familial status, and sex (see 42 U.S.C.6 3601 et sea.) as implemented by the U.S.
Department of Housing and Urban Development at 24 C.F.R. Part 100.The prohibition on disability
discrimination includes the requirement that new multifamily housing with four or more dwelling units—i.e.,
the public and common use areas and individual apartment units (all units in buildings with elevators and
ground-floor units in buildings without elevators)—be designed and constructed with certain accessible
features. (See 24 C.F.R. Part 100, Subpart D.)
Vill. Copvrieht
Recipients must affix the applicable copyright notices of 17 U.S.C. 66 401 or 402 and an acknowledgement of
U.S. Government sponsorship (including the award number) to any work first produced under federal
financial assistance awards.
IX. Debarment and Suspension
Recipients are subject to the non-procurement debarment and suspension regulations implementing
Executive Orders (E.O.)12549 and 12689,which are at 2 C.F.R. Part 180 as adopted by DHS at 2 C.F.R.
Part 3002. These regulations restrict federal financial assistance awards, subawards, and contracts with
certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in
federal assistance programs or activities.
X. Dru¢-Free Workplace Revelations
Recipients must comply with drug-free workplace requirements in Subpart B (or Subpart C, if the recipient
is an individual) of 2 C.F.R. Part 3001 which adopts the Government-wide implementation (2 C.F.R. Part
of Sec. 5152-5158 of the Drug-Free Workplace Act of 1988(41 U.S.C. 86 8101-8106).
XI. Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200.
Subpart Emay not be charged to other federal financial assistance awards to overcome fund deficiencies; to
avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and
conditions; or for other reasons. However, these prohibitions would not preclude recipients from shifting
costs that are allowable under two or more awards in accordance with existing federal statutes, regulations,
or the federal financial assistance award terms and conditions.
XII. Fd , t' Amend [ f 1972 (Ea I O t 't Education Art) - Title IX
Recipients must comply with the requirements of Title IX of the Education Amendments of 1972, Pub. L.
92-318 (1972) (codified as amended at 20 U.S.C. § 1681 et seq.), which provide that no person in the United
States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected
to discrimination under any educational program or activity receiving federal financial assistance. DHS
implementing regulations are codified at 6 C.F.R. Part 17 and 44 C.F.R. Part 19.
XIIL Fn grey Pa Hcv and Conservation Act
Recipients must comply with the requirements of the Energy Policy and Conservation Act, Pub. L. 94- 163
(1975) (codified as amended a[42 U.S.C. 6 fi201 er sea.l, which contain policies relating to energy efficiency
that are defined in the state energy conservation plan issued in compliance with this Act.
XIV. False Claims Act and Pro exam Fraad Civil Remedies
Recipients must comply with the requirements of the False Claims Act,31 U.S.C. && 3729- 3733, which
prohibit the submission of false or fraudulent claims for payment to the federal government. (See 31 U.S.C.
66 3801-3812 which details the administrative remedies for false claims and statements made.)
XV. Federal Debt Status
All recipients are required to be non-delinquent in their repayment of any federal debt. Examples of relevant
debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. (See OMB
Circular A-129.)
XVI. Fedc ral Leade rshiu on Red ecin¢ Text Messseine while Driving
Recipients are encouraged to adopt and enforce policies that ban text messaging while driving as described
in E.D. 13513- including conducting initiatives described in Section 3(a) of the Order when on official
government business or when performing any work for or on behalf of the federal government.
XVII. E" America Act of 7974
Recipients must comply with Preference for U.S. Flag Air Carriers (air carriers holding certificates under 49
U.S.C. & 411021 for international air transportation of people and property to the extent that such service is
available, in accordance with the International At,- Transportation Fair Competitive Practices Act of 1974,49
U.S.C. 6 4011R and the interpretative guidelines issued by the Comptroller General of the United States in
the March 31, 1981,amendment to Comptroller General Decision B-138942.
XVIII. Hole/ and Mote! Fire Safety Act of 1990
Ip accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. 6 2225a recipients
gas.s of tt
must ensure that all conference, meeting, convention, or training space.funded in whole or in part with
federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and
Control Act of 1974 (codified as amended at 15 U.S.C. S )
XIX. I.(meted Fn¢Hsh Proficlenev !Civil Rights Act of 1964- Title VD
Recipients must comply with Title VI of the Civil Rights Act of 1964,.i42 U.S.C. S 2000d et sea ) prohibition
against discrimination on the basis of national origin, which requires that recipients of federal financial
assistance take reasonable steps to provide meaningful access to persons with limited English proficiency
(LEP) to their programs and services. For additional assistance and information regarding language access
obligations,please refer to the DHS Recipient Guidance: https://www.dhs.gov/guidance-
published-help-departmentsupported-organizations-provide-meaningful-access-people-limited and additional
resources onhuud/www.leo.¢ov.
XX. Lobbviv¢ Prohibitions
Recipients must comply withal U.S.C. 8 1352.expended
dewhich provides that none of the funds provided under a
federal financial as sistaoce award may be expended by the recipient to pay any person to influence, or
attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with any federal action related to a federal
award or contract, including any extension, continuation, renewal, amendment, or modification
XXI. National Environments! Policv Act
Recipients must comply with the requirements of the National.Environmental Pnlicv Act of/969. Peh. L.
91-190 (19701 (codified as amended at 42 U.S.C. 5-0321 et sea.lNEPA) and the Council on Environmental
Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA, which require recipients to
use all practicable means within their authority, and consistent with other essential considerations of
national policy, to create and maintain conditions under which people and nature can exist in productive
harmony and fulfill the social, economic, and other needs of present and future generations of Americans.
XXI(. Nondlacrim ation Iv Matters P ;'th-Rased Oresvi�ations
It rs DHS polwy to ensure the equal treatment of arch-based orgavzauovs m social service programs
administered Or supported by DHS or its component agencies, enabling those organizations to participate in
providing important social services to beneficiaries. Recipients must comply with the equal treatment
policies and requirements contained in and other applicable statues, regulations, and
guidance governing the participations at faithbased organizations in individual DHS programs.
XXII1. Non-9vvviavtin¢ Revvire went
Recipients receiving federal financial assistance awards made under programs that prohibit supplanting by
law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same
purpose through non-federal sources.
XXIV. DD
All instructions, guidance, limitations, an other conditions set forth in the Notice of Funding Opportunity
(NOFO) for this program are incorporated here by reference in the award terms and conditions. All
recipients must comply with any such requirements set forth in the program NOFO.
XXV. Patents and Intellectual Proverty Rights
Recipients are subject to the Bayh-Dole Act,35 U.S.C. S 200 at sea. unless otherwise provided by law.
Recipients are subject to the specific requirements governing the development, reporting, and disposition of
rights to inventions and patents resulting from federal financial assistance awards located at 37 C.F.R. Part
401 and the standard patent rights clause located at 37 C.F.R. § 401.14.
XXVL Pro cv rem ant of Recovered Materials
States, political subdivisions of states, and their contractors must comply withSection 6002 of the Solid
Waste Disposal Act, Pub. L. 89-272(1965), (codified as amended by the Resource Conservation and
Recovery Act,42 U.S-C. 6 6962.) The requirements of Section 6002 include procuring only items designated
in guidelines of the Environmental Protection Agency(EPA) at40 C.F.R. Part 247 that contain the highest
percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition.
XXVII. Rehabilitation Act of 1973 _
Recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, Pub. L.
.- 93-112 (1973), (codified as amended at 29 U.S.C. 8 794.) which provides that no otherwise qualified
handicapped individuals in the United States will, solely by reason of the handicap, be excluded from
participation in, be denied the benefits of, or be subjected to discrimination under any program or activity
receiving federal financial assistance.
XXVIII. "let
of Malt",r Related to R¢eiai¢nt lnteer/tv and Performance
IF the total value of any currently active gravts, cooperative agreements, and procurement contracts from all
federal awarding agencies exceeds $10,000,000 for avy period of time during the period of performance of
this federal award, then the recipients must comply with the requirements set forth in the government-wide
Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200,
Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions.
XXIX. Reporting Cubawards and Executive Compensation
Recipients are required t0 comply with the requirements set forth in the government-wide award term on
Reporting Subawards and Executive Compensation located at 2 C.F.R. Part 170, Appendix A, the full text of
which is incorporated here by reference in the award terms and conditions.
XXX. SAFECOM
Recipients receiving federal financial assistance awards made under programs that provide emergency
communication equipment and its related activities must comply with the SAFECOM Guidance for
Emergency Communication Grants, including provisions on technical standards that ensure and enhavice
interoperable communications.
yyi
XXXL Terrorist Finan dn¢ p
Recipients must comply with F.O. 13224 and U.S. laws that prohibit transactions with, and the provisions of tt
resources and support to, individuals and organizations associated with terrorism. Recipients are legally j
responsible to ensure compliance with the Order and laws.
XXXiI. Trelfi hen¢ Victims Protection Act of 2000 (TVPA)
Pears OF11 p
Recipients must comply with the requirements of the government-wide financial assistance award term
which implements Section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), codified as
amended at 22 U.S.C. section 7104. The award term is located at 2 C.F.R. section 175.15, the full text of
which is incorporated here by reference.
XXXIII. Universal identifier end System of Award Manapement
Recipients are required to comply with the requirements set forth in the government-wide financial
assistance award term regarding the System for Award Management and Universal Identifier Requirements
located at 2 C.F.R. Part 25, Appendix A, the full text of which is incorporated here by reference.
XXXN. U��ATR10T Act of 2001
Remplents must comply with requirements of Section 817 of the Unitine and Stren nrhen ine America by
Providine Annronriare Tonls Reavired to /rttercenr and Obstruct Terrnri.cm Act of 1001 (USA PATRIOT Act).
which amends 18 U.S.C. §§ 175-175c.
XXXV. llserps( DHS Seal Loeo and Flays
Reclplenta must obtain permission from their DHS FAO prior to using the DHS seal($), logos, crests or
reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard
seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials.
XXXVI. Whi.ctleblower Protection Act
Recipients must comply with the statutory requirements for whistleblower protections (if applicable) at
U.S.0 6 2409.41 U.S.C. 6 4712, and 10 U.S.C. 6 2324.41 U.S.C. 66 4304 and Qom$
XXXVII. Prior Ann rn val fnr Modlficatiop of App ro ved 8udeet
Before making any change to the FEMA approved budget for this award, you must request prior written
approval from FEMA where required by 2 C.F.R. Section 200.308. FEMA is also utilizing its discretion to
impose an additional restriction under 2 C.F.R. Section 200.308(f) regarding the transfer of funds among
direct cost categories, programs, functions, or activities. Therefore, for awards with an approved budget
where the federal share is greater than the simplified acquisition threshold(currently $250,000), you may
not transfer funds among direct cost categories, programs, functions, or activities without prior written
approval from FEMA where the cumulative amount of such transfers exceeds or is expected to exceed ten
percent (10%) of the total budget FEMA last approved. You must report any deviations from your FEMA
approved budget in the first Federal Financial Report (SF-425) you submit following any budget deviation,
regardless of whether the budget deviation requires prior written approval.
XXXVIII. Disnositinn of Equipment Aeauired Ou der the Federal Award
When original or replacement equipment acquired under this award by the recipient or its subrecipients is
no longer needed for the original project or program or for other activities currently or previously supported
by a federal awarding agency, you must request instructions from FEMA to make proper disposition of the
equipment pursuant to 2 C.F.R. Section 200.313.
XXXIX. Acceptance of Post Award Chanties
In the event FEMA determines that changes are necessary to the award document after an award has been
made, including changes to period of performance or terms and conditions, recipients will be notified of the
changes in writing. Once notification has been made, any subsequent request for funds will indicate recipient
acceptance of the changes to the award. Please call the FEMA/GMD Call Center at (866) 927-5646 or via
e-mail to ASK-GMDQfema.dbs.gov if you have any questions.
XL. Environmental Plannine and Historic Pres¢rvation tEHP) Review
DHS/FEMA funded activities that may require an EHP review are subject to the FEMA Environmental
Planning and Historic Preservation (EHP) review process. This review does not address all federal, state,
and local requirements. Acceptance of federal funding requires recipient to comply with all federal, state,
and local laws. DHS/FEMA is required to consider the potential impacts to natural and cultural resources of
all projects funded by DHS/ FEMA grant funds, through its EHP Review process, as mandated by the
National Environmental Policy Act-, National Historic Preservation Act of 1966, as amended; National Flood
Insurance Program regulations; and, any other applicable laws and Executive Orders. To access the FEMA
EHP screening form and instructions, go to the DHS/FEMA website at:
https://www.fema.gov/media-library/assets/documents/90195. In order to initiate EHP review of your
project(s), you must complete all relevant sections of this form and submit it to the Grant Programs
Directorate (GPD) along with all other pertinent project information. The EHP review process must be
completed before funds are released to carry out the proposed project; otherwise, DHS/FEMA may not be
able to fund the project due to noncompliance with EHP laws, executive order, regulations, and policies. If
ground disturbing activities occur during construction, applicant will monitor ground disturbance, and if any
potential archeological resources are discovered, applicant will immediately cease work in that area and
notify the pass-through entity, if applicable, and DHS/FEMA.
XLL John S. McCain National Defense Auth or'ration Act of Fiscal Year 2019
Recipients, subrecipients, and their contractors and subcontractors are subject to the prohibitions
described in section 889 of the J S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L.
No. 115-232 (2018) and 2 C.F.R. sections 200.216, 200.327, 200.471, and Appendix II to 2 C.F.R. Part 200.
Beginning August 13, 2020, the statute - as it applies to DHS recipients, subrecipients, and their contractors
and subcontractors - prohibits obligating or expending federal award funds on certain telecommunications
and video surveillance products and contracting with certain entities for national security reasons.
XLII. Required Uce of American lrnn. .Ste¢/. Manufactured Products. and Cnpstruction Ma1¢rials
Recipients and subrecipients must comply with the Build America, Buy America Act (BABAA), which was
enacted as part of the Infrastructure Investment and Jobs Act Sections 70901-70927, Pub. L. No. 117-58
(2021); and Executive Order 14005, Ensuring the Future is Made in All of America by All of America's
Workers. See also Office of Management and Budget(OMB), Memorandum M-22-11, Initial Implementation
Guidance on Application of Buy America Preference in Federal Financial Assistance Programs for
Infrastructure. Recipients and subrecipients of federal financial assistance programs for infrastructure are
hereby notified that none of the funds provided under this award may be used for a project for infrastructure
unless: (1) all iron and steel used in the project are produced in the United States--this means all
manufacturing processes, from the initial melting stage through the application of coatings, occurred in the
United States; (2) all manufactured products used in the project are produced in the United States--this
means the manufactured product was manufactured in the United States; and the cost of the components of
the manufactured product that are mined, produced, or manufactured in the United States is greater than 55
percent of the total cost of all components of the manufactured product, unless another standard for
determining the minimum amount of domestic content of the manufactured product has been established
Pepe 10 OF 11
under applicable law or regulation; and (3) all construction materials are manufactured in the United
States--this means that all manufacturing processes for the construction material occurred in the United
States. The Buy America preference only applies to articles, materials, and supplies that are consumed in,
incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and
supplies, such as temporary scaffolding, brought to the construction site and removed at or before the
completion of the infrastructure project. Nor does a Buy America preference apply to equipment and
furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the
finished infrastructure project, but are not an integral part of the structure or permanently affixed to the
infrastructure project. Waivers When necessary, recipients may apply for, and the agency may grant, a
waiver from these requirements. (a) When the federal agency has made a determination that one of the
following exceptions applies, the awarding official may waive the application of the domestic content
procurement preference in any case in which the agency determines that: (1) applying the domestic content
procurement preference would be inconsistent with the public interest; (2) the types of iron, steel,
manufactured products, or construction materials are not produced in the United States in sufficient and
reasonably available quantities or of a satisfactory quality; or (3) the inclusion of iron, steel, manufactured
products, or construction materials produced in the United States will increase the cost of the overall
project by more than 25 percent. A request to waive the application of the domestic content procurement
preference must be in writing. The agency will provide instructions on the format, contents, and supporting
materials required for any waiver request. Waiver requests are subject to public comment periods of no less
than 15 days and must be reviewed by the OMB Made in America Office. There may be instances where an
award qualifies, in whole or in part, for an existing waiver described. For awards by the Federal Emergency
Management Agency (FEMA), existing waivers are available and the waiver process is described at "Buy
America" Preference in FEMA Financial Assistance Programs for Infrastructure I FEMA.gov. For awards by
other DHS components, please contact the applicable DHS FAO. To see whether a particular DHS federal
financial assistance program is considered an infrastructure program and thus required to include a Buy
America preference, please either contact the applicable DHS FAO, or for FEMA awards, please see
Programs and Definitions: Build America, Buy America Act I FEMA.gov.
XLIH. A i' A'1't {OHS St d d T m d C dtt'o t T ih
The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon
recipients and Flow down to subrecipients as a matter of law, regulation, or executive order. If the
requirement does not apply to Indian tribes or there is a federal law or regulation exempting its application
to Indian tribes, then the acceptance by Tribes of, or acquiescence to, DHS Standard Terms and Conditions
does not change or alter its inapplicability to an Indian tribe. The execution of grant documents is not
intended to change, alter, amend, or impose additional liability or responsibility upon the Tribe where it does
not already exist.
XLIV. Indirect Cast Rate
2 C.F.R. section 200.21 I(b)(15) requires the terms of the award to include the indirect cost rate for the
federal award. If applicable, the indirect cost rate for this award is stated in the budget documents or other
materials approved by FEMA and included in the award file.
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OMB Approval No.0348-0040
ASSURANCES -NON-CONSTRUCTION PROGRAMS
Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing
instructions, searching existing data sources, gathering and maintaining the data needed,and completing and reviewing the collection of
information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for
reducing this burden, to the Office of Management and Budget,Paperwork Reduction Project(0348-0040),Washington, DC 20503.
PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET.
SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY.
NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the
awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances.If such
is the case,you will be notified.
As the duly authorized representative of the applicant, I certify that the applicant:
1. Has the legal authority to apply for Federal assistance Act of 1973, as amended (29 U.S.C. §794), which
and the institutional, managerial and financial capability prohibits discrimination on the basis of handicaps; (d)
(including funds sufficient to pay the non-Federal share the Age Discrimination Act of 1975, as amended (42
of project cost)to ensure proper planning, management U.S.C. §§6101-6107), which prohibits discrimination
and completion of the project described in this on the basis of age; (a) the Drug Abuse Office and
application. Treatment Act of 1972 (P.L. 92-255), as amended,
relating to nondiscrimination on the basis of drug
2. Will give the awarding agency,the Comptroller General abuse; (f) the Comprehensive Alcohol Abuse and
of the United States and, if appropriate, the State, Alcoholism Prevention, Treatment and Rehabilitation
through any authorized representative, access to and Act of 1970 (P.L. 91-616), as amended, relating to
the right to examine all records, books, papers, or nondiscrimination on the basis of alcohol abuse or
documents related to the award; and will establish a alcoholism; (g) §§523 and 527 of the Public Health
proper accounting system in accordance with generally Service Act of 1912(42 U.S.C. §§290 dd-3 and 290 ee-
accepted accounting standards or agency directives. 3), as amended, relating to confidentiality of alcohol
and drug abuse patient records; (h) Title VIII of the
3. Will establish safeguards to prohibit employees from Civil Rights Act of 1968(42 U.S.C. §§3601 at seq.),as
using their positions for a purpose that constitutes or amended, relating to nondiscrimination in the sale,
presents the appearance of personal or organizational rental or financing of housing; (1) any other
conflict of interest, or personal gain. nondiscrimination provisions in the specific statute(s)
under which application for Federal assistance is being
4. Will initiate and complete the work within the applicable made; and, 0) the requirements of any other
Urns frame after receipt of approval of the awarding nondiscrimination statute(s) which may apply to the
agency. application.
5. Will comply with the Intergovernmental Personnel Act of 7. Will comply, or has already complied, with the
1970 (42 U.S.C. §§4728-4763) relating to prescribed requirements of Titles If and III of the Uniform
standards for merit systems for programs funded under Relocation Assistance and Real Property Acquisition
one of the 19 statutes or regulations specified in Policies Act of 1970 (P.L. 91-646) which provide for
Appendix A of OPM's Standards for a Merit System of fair and equitable treatment of persons displaced or
Personnel Administration(5 C.F.R.900, Subpart F). whose property is acquired as a result of Federal or
federally-assisted programs. These requirements apply
6. Will comply with all Federal statutes relating to to all interests in real property acquired for project
nondiscrimination. These include but are not limited to: purposes regardless of Federal participation in
(a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) purchases.
which prohibits discrimination on the basis of race, color
or national origin; (b) Title IX of the Education 8. Will comply, as applicable, with provisions of the
Amendments of 1972, as amended (20 U.S.C. §§1681- Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328)
1683, and 1685-1686),which prohibits discrimination on which limit the political activities of employees whose
the basis of sex; (c)Section 504 of the Rehabilitation principal employment activities are funded in whole or
in part with Federal funds.
Previous Edition Usable Standard Form 424E(Rev.7.97)
Authorized for Local Reproduction Prescribed by OMB Circular A•102
9. Will comply, as applicable, with the provisions of the Davis- 12. Will comply with the Wild and Scenic Rivers Act of
Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act 1968 (16 U.S.C. §§1271 at seq.) related to protecting
(40 U.S.C. §276c and 18 U.S.C. §874), and the Contract components or potential components of the national
Work Hours and Safety Standards Act (40 U.S.C. §§327- wild and scenic rivers system.
333), regarding labor standards for federally-assisted
construction subagreements. 13. Will assist the awarding agency in assuring compliance
with Section 106 of the National Historic Preservation
10. Will comply, if applicable, with flood insurance purchase Act of 1966, as amended (16 U.S.C. §470), EO 11593
requirements of Section 102(a) of the Flood Disaster (identification and protection of historic properties),and
Protection Act of 1973 (P.L. 93-234) which requires the Archaeological and Historic Preservation Act of
recipients in a special flood hazard area to participate in the 1974(16 U.S.C.§§469a-1 at seq.).
program and to purchase flood insurance if the total cost of
insurable construction and acquisition is$10,000 or more. 14. Will comply with P.L. 93-348 regarding the protection of
human subjects involved in research,development,and
11. Will comply with environmental standards which may be related activities supported by this award of assistance.
prescribed pursuant to the following: (a) institution of
environmental quality control measures under the National 15. Will comply with the Laboratory Animal Welfare Act of
Environmental Policy Act of 1969 (P.L. 91-190) and 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 at
Executive Order (EO) 11514; (b) notification of violating seq.) pertaining to the care, handling, and treatment of
facilities pursuant to EO 11738; (c) protection of wetlands warm blooded animals held for research, teaching, or
pursuant to EO 11990; (d) evaluation of flood hazards in other activities supported by this award of assistance.
floodplains in accordance with EO 11988; (a) assurance of
project consistency with the approved State management 16. Will comply with the Lead-Based Paint Poisoning
program developed under the Coastal Zone Management Prevention Act (42 U.S.C. §§4801 at seq.) which
Act of 1972 (16 U.S.C. §§1451 at seq.); (f) conformity of prohibits the use of lead-based paint in construction or
Federal actions to State (Clean Air) Implementation Plans rehabilitation of residence structures.
under Section 176(c) of the Clean Air Act of 1955, as
amended (42 U.S.C. §§7401 at seq.); (g) protection of 17. Will cause to be performed the required financial and
underground sources of drinking water under the Safe compliance audits in accordance with the Single Audit
Drinking Water Act of 1974, as amended (P.L. 93-523); Act Amendments of 1996 and OMB Circular No.A-133,
and, (h) protection of endangered species under the "Audits of States, Local Governments, and Non-Profit
Endangered Species Act of 1973, as amended (P.L. 93- Organizations."
205).
18. Will comply with all applicable requirements of all other
Federal laws,executive orders, regulations, and policies
governing this program.
E
SIGNATU O UTHORI ED CERTIF OFFICIAL TITLE
C
LICANT ORGANIZATION DATE SUBMITTED
'Il�"E5T� December 7, 2023
Standard Form 424E(Rev.7.97)Back
Trent ripple,Ada Co u y Clerk
Exhibit SHSP Subaward Guidance ' 2023
APPENDIX A- Mission Areas&Core Capabilities Investment Guide
Prevent Protect Mitigate Respond Recover
Planning
Public Information&Warning
Operational Coordination
Intelligence&Information Sharing Community Infrastructure Systems
Resilience
Long-Term Economic
Interdiction&Disruption Vulnerability Critical Transportation Recovery
Reduction
Risk&Disaster Environmental Health&
Screening,Search,&Detection Resilience Response/Health& Social Services
Assessment Safe
Forensics& Access Control& Threats&Hazards Fatality Management Housing
Attribution Identity Verification Identification Services
Fire Management& Natural&
Cybersecurity Suppression Cultural
Resources
Physical Protective Logistics&Supply
Measures Chain Management
Risk Management for
Protection Programs Mass Care Services
&Activities
Supply Chain Integrity Mass Search& Rescue
&Security Operations
On-Scene Security,
Protection&Law
Enforcement
Operational
Communications
Public Health, Healthcare
& Emergency Medical
Services
Situational Assessment
Page 10
AUVA 29,2023