HomeMy WebLinkAboutAda County Emergency Management Subgrant Docusign Envelope ID:AC4F8FF5-57F7-40E3-8838-669426DA7FB7
AGREEMENT NO.30871
SUBRECIPIENTBENEFICIARY GRANT AGREEMENT
THIS SUBRECIPIENTBENEFICIARY AGREEMENT(the "Agreement") is made and entered
into this l Oth day of June 2025 , by and between Ada County, a duly formed and existing
County pursuant to the laws and Constitution of the State of Idaho,as a subrecipient of the Idaho Office of
Emergency Management, ("County")and City of Meridian("Beneficiary"}.
WITNESSETH:
WHEREAS, County is authorized and required by Idaho Code § 45-1009 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
Emergency Management ("IOEM") for the purpose of implementing strategies to address identified
planning,organization,equipment,training,and exercise needs to prevent,protect against,respond to,and
recover from natural and other catastrophic events,a copy of which is attached as Exhibit"A;"
WHEREAS,County desires to build and sustain regional core emergency management capabilities
across the prevention, protection, mitigation, response, and recovery mission areas, more specifically set
forth in Exhibit "B" attached hereto and by this reference incorporated herein; and County concurs that
regional core capabilities and capability targets are not exclusive to any single level of government or
organization,but rather require the combined efforts of the whole community.
WHEREAS, Beneficiary desires to enter into this Agreement with County to build and sustain
regional core emergency management capabilities while ensuring compliance with state and federal grant
requirements.
NOW,THEREFORE,the parties agree as follows:
1. REGIONAL CORE CAPABILITIES PURPOSE. County and Beneficiary agree that
project funding and distribution will be based on building or sustaining high priority regional core
capabilities that address prioritized threats, hazards, vulnerabilities, and/or risks. Beneficiary shall allow
use of grant purchased equipment in support of emergency management functions,consistent with existing
mutual aid or resource sharing agreements, for any local government member of Ada City County
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Emergency Management ("ACCEM") or their various public or private sector partners with emergency
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 September 30, 2025. 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.
5. 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 IDEM 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.
IL. 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:
i. "Equipment" as defined in 2 CFR 200.33 means tangible personal property
(including information technology systems)having a useful life of more than one
year and a per-unit acquisition cost which equals or exceeds the lesser of the
capitalization level established by the non-Federal entity for financial statement
purposes,or S5,000.
ii. "Capital assets" as defined in 2 CFR 200.12 means tangible or intangible assets
used in operations having a useful life of more than one year which are capitalized
in accordance with GAAP. Capital assets 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).
iii. "Computing devices"as defined in 2 CFR 200.20 means machines used to acquire,
store, analyze, process, and publish data and other information electronically,
including accessories(or"peripherals")for printing,transmitting and receiving,or
storing electronic information.
iv. "General purpose equipment"as defined in 2 CFR 200.48 means equipment which
is not limited to research, medical, scientific or other technical activities.
Examples include office equipment and furnishings, modular offices, telephone
networks, information technology equipment and systems, air conditioning
equipment,reproduction and printing equipment,and motor vehicles-
V. "Information technology systems"as defined in 2 CFR 200.58 means computing
devices,ancillary equipment, software,firmware,and similar procedures,services
(including support services)and related resources.
vi. "Special purpose equipment"as defined in 2 CFR 200.89 means equipment which
is used only for research, medical, scientific, or other technical activities.
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Examples of special purpose equipment include microscopes, x-ray machines,
surgical instruments, and spectrometers.
vii. "Supplies"as defined in 2 CFR 200.94 means all tangible personal property other
than those defined in§ 200.33 Equipment. A computing device is a supply if the
acquisition cost is less than the lesser of the capitalization level established by the
non-Federal entity for financial statement purposes or $5,000, regardless of the
length of its useful life.
b. Use:
i. Equipment must be used by the Beneficiary in the program or project for which it
was acquired as long as needed, whether or not the project or program continues
to be supported by the Fcdcral 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,[luring 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
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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
Beneficiary a copy of its last property report for Beneficiary's reconciliation and
update.The reconciliation including condition and location of all Equipment must
be provided to the Ada County Director of Emergency Management promptly after
completion, but in any event by December 31 of the calendar year in which the
task is to be completed.
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
or proceeds from sale by the County's percentage of participation in the cost of the
original purchase. If the equipment is sold,the County may permit the Beneficiary
to deduct and retain from the County share $500 or ten percent of the proceeds,
whichever is less,for its selling and handling expenses. See 2 CFR 200.313(c)(5).
The County will forward all funds received from Beneficiary as a result of
equipment sale or other disposition to the awarding agency.
15. INDEMNIFICATION. Beneficiary shall defend, indemnify, and hold the County, its
officers, agents, and employees harmless for all claims, losses, actions, damages, judgments, costs,
expenses, and/or injuries to persons or property arising out of or in connection with any activities,acts, or
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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 parry.
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DATED the day and year first above written.
Board of Ada County Commissioners
FDOCUSIgnedby-
'(�/�� 6/10/2025 5:39 PM MDT
By: ec Commissioner
4Ya
Signed by:
6/12/2025 2:45 PM MDT
n avi on,Commissioner
PDocuSigned by:
�w 6/12/2025 1 11:30 AM MDT
omas UII4jYaIyjey,Commissioner
ATTEST•
DocuSigned by:
6/12/2025 2:59 PM MDT
Trent Tripple,Ada County Clerk
Beneficiary: city of Meridian
Nanne: 'Robert E. imi
Title: City of Meridian,Mayor
�evll
Attest: ' SGAL
Chris Johnspn,City erk
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DUMIT A
[2022,2023,and 2424 SHSP] State Homeland Security Program Grant
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Exhibit A
r6rAGRMWNr rro. o �
Idaho Office of Emergency Management
2022 Subreciplent Agreement
for
Ads County
Hate of Award
September 1,2422
1.StrbraeFFiepf Mawa aad Addreall I.Prepared by.WanoM.Kane 13.Award Mulobor.22a114P f
•• FQdMl Gram!lafartutka
Federal Grant Title: State Hawelaad See writy Oran!Proorraon
Ada County
7200 Elm rriater Dr. Fedora)0►4nI Arrard ha to berlCFDA Kuambar: Eh1W-2027-I8-M102107.067
So".Ip a3701
Federal Orantin!Agency.- Great Programs Dtraeberate
Federal Ear wfty Manotimient Agency
U.S.Deparbhee!of Fidarralaed SeCttrlty
! Arrerd"Oust and Grant freakdawn*
2022 State Homeland 8ecurlty Prograrn
Sutrref:Fpiafil Unique Fdantlflar{pUfrB): 092031459
Award Amount This Action: t<tfR4,l14.7a Pe►formancel Bttdpet Parlod!
Total Award Amount: $604d,$14.l! Sep 1, 2022 through Feb 28.2025
e,stalownnrmru. Tt+s 5d"eard r seprered uetrel r wen earrdift or Wmratiana■r en am ydren on ON laaw.fna Moon or thin eacrranerrl and in on GPM" and
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7. 1POWN1 CSMMIMRa:H an eeleaeidn it rqueed"to Ow"Ma tlnq Cktunn undeir CarI your Arne Netd t7Mw IAFO)A b.a hraae*"at Us"tarnaaer.
!- Alandy Appreva!
Appeoving ttl6at Official: i I gaiawPe of FORM oft is 1:
Hrod Richy, Director
f -r `*a--_
Idaho Office of Emergency Management Data:
(208) 258-6501 VQ101i
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t have rand artd"nderetaAd the atisdhed Tana$and Coodliforre. !Ilaelrre certin a arptienea with roq"lfattfafrla dalalFed OR arbaward
.braciMmit agraerneat.
Print narna and MW of Authorized Sub►eciplent ol9iclal: SIlnat wttA /!rb- a et Offlclal;
10.Entar Emptoyor Ide FrU 1`1 eaftion Humber(EIMI f Fedarat TA 6daM19Ice an N mar 11.Date EIlnad:
' 7 t 122)
12.DUE DATE:
/ipned award must be returned to 10EM an Of before the:here due date. ■
ATTM.,
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MEMORANDUM OF UNDERSTANDING
Between
The State of Idaho, Office of Emergency Management
■nd
Ad■ County
Regarding State Use of 2022 Homeland Security Grant Program Funding
I ,FarIito. 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 IDEM shall
expend FY 22 State Homeland Security Grant Program (SHSP) funds on behalf of the
subrecipient. On September I, 2022 the United States Department of Homeland
Security issued grant number EMW-2022-SS-00109 to the State of Idaho. Linder 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, DHSIFEMA 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 cybcrsecurity-1.6 percent
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2.Enhancing the protection of soft (argets/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
fi.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 I —E►rhdrrcing the Prolection of tarr�ers/croivded places jincludine election serurin-)
]OEM / The Idaho Criminal Intelligence Center (IC2)
pIC2 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.JC2 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
stoic, IOEM 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— r-nhanting the Ptnlretion of Sofi Targets E Croxded 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—Combatin Domesric 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.
a Budget for Priority Area— Enhancing the Protection of Soft Targets I Crowded Places
Cost brcakoul:
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.
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a.10EM. 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.
h.Subrecipients: The duly authorized subrecipient official (elected ❑fficial or authorized
delegate):
i. Has read and understands the Homeland Security Grant Program Guidance and
Standard Terms and Conditions
ii.Authorizes the 1OEM to obligate and expend Homeland Security Grant Program
funds in accordance with the terms of this MOU_
Approving Offlclal.
IQEM Subreci lent
Rod Beck, Chair
Brad Richy
Ada County
040 Guard Street, Bldg. 600
200 W. Front Street
Boise, ID 83705
Boise, ID 83702
(208) 422-3040
[lelected official3 honcjj
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 terra shall be invalid, but the remaining terms
and conditions of this agreement shall remain in full force and effect.
4.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.
1 1 . Modification. This agreement may be modified upon the mutual written consent of
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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 ofricisis 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. Wading Effect. This Agreement is binding upon and will run to the benefit of the heirs,
executors, administrators, successors and assigns of the Parties.
App roy,e,d by:
,Rod Beck, Chair A'I'TEM
Ada County Date
Phil MaCitttt O,Ada County Clint Brad Richy Date
IOEM
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2022 DHS Standard Terms and Conditions
The 2022 DHS Standard Terms and Coaditlsas apply to all atw federal financial aasiseaaet awards
resided in FY 2022. These terms and conditions flora dawn is sabreciptemts, witless OR award term or
condition speririeally Indicates otherwise. The United States kas the right to seek jadicial
enforcement of these obligations.
All legislation and digital resources arc referenced with no digital links. The rY 2022 DNS Standard Terms sod
Conditions will be housod on dIts.gov at www.dhs.govlpabiication fry 13-dhs-standard-terms-and•conditlonl
Assarsarei. AdRrialsfr�jlve Rrarlrgggj,RIirCrst i'ristrielrs. Rrpresertrt[ass ■Rd tl"_ert�figatiaws
DHS financial assistance recipients oast conipletr either the Office of Men;
etaesit ■sd Baiter
(OM"I Sleaderd — or A; SgAdard Fore ■241)
nAg%ranres —Csastrartla^Praararne_as app licable. Certain assurances Is three documents may nor
he ■'lliesble to your pratrnsar wad tfre DH�finatselal ass;slrace ■flies (DHS FAO) Bray regrirr
applicsaIt ro certify additioaal as:rraares. Applicants are required to fill out the assurances as
iastrweted by tit awarding ■genry.
DNS financial assistance reefpleses are regwlred 10 fellow the applicable provislems Of the URifnrta
Adminisiratire Rrquiremeats, Coat Priaejp Its, and Audit Regatreratals for Federal Awards located at
TUIC 2. Cade of Frderel tsXLLLLLLgalii.iC_F.li.1 Part 260. sad adapted by DHS at j„L�LJL Part 3n02.
By sctepilog this agreement, the recipienl sad its eareotives, sit defined to 2 C.F.R. section 179.31S,
certify till the recipleat's policies are in accordance with OMB's guidance located at 2 C.F.R. Parr
20/. all ■pplieabit federal taws, and rolewaat Rsecwtive goldmace.
DHS Snetlfle AckrawlydEean�reta ar��Aesrrarees
All recipieats,subrccipiant:, successors, iransfcects,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 compiisoce reviews or compliance investigations conducted by DNS.
2. Recipients must give DHS access to, and the right to carmine and co y,retards, accounts, and other
documents and sources of information related to the federal financial assistance award and ptrmit ac6:ess to
facilities,or personnel.
3. Recipients must submit timely, complete, and accurate reports to the appropriate DNS officials and maintain
appropriate backup documentation to support the tcparls.
4 Rewptents must comply with all other spatial reporting,data collection,rind evil tuotion rcquircrticnit. as
prescribed by law or detailed in program guidance.
S Recipients(as defined in 2 C.F.R. Part 200 and including recapicnts acting as pass-through entittc►I of federal
financial assistance from DHS or one of its awarding component agencira must complete the DNS Civil Rights
Evaluation too;within thirty (30)days of reccipI cf the Notice of Award for the first award under which this
term applies. Recipients of multiple awards of DHS financial assistence should only submit one completed tool
for their orgrnixalion, not per award. After the initial submission, recipients arc required to complete the tool
once every two 121 years if they have on attire award, not every time to award ib made. Recipients should
submit the complcic4 tool, irlclu4ing supportin materials, to CiviJR1SMSEvaluation@hq.dha,gov.This tool
clarifies the civil rights obligations and related reporting rcquircracots contained in the DNS Standard Terms
and conditions. Subrccipients arc nor eeqquircd to complete and submit this tool to AHS. The cvalualion tool
can be found at htcps./Iwww.dhs.govlpublicstionldhs-civil-rights-cvaluation•lool.
6. The DHS Office for Civil Rights and C i v I I Liberties with eoasider,in its 4iscrelion,granting an cattcnsiun if the
recipient identifies steps and a timeline for camplcting the toot. Recipient%should reqquest cxaem,iomi by
retailing the request to t'i%ilRiehttFvslL131 nm.bo.dhs.ius prior to expiration of the 3D-day deadline.
5sgedard 'ferala Q�q��q,g.Z
[.
Recipients muss arknow;rdgr their use o federal funding when iesuing statements, press releases. requests
for proposal, bid invitations. and nibcr docurncnls describing projects or programs funded in whole or in part
with federal funds.
II. Aerivillys Csndueted Abrasd
Recipients must cnsurr 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.
III.
ccipients must co mpl y wit h the 1c4uiremcrlt6 oitho Age Discraralrarrion,lcre/1473, Public Law Number 94-175
(19731{codified is amended at , which prohibits discrimination on iht
basis of age is any program or act tvity race iwiag fcdcral financ tat assistonee.
IV.
rctpients must campy wit t e requiremuwt of Titles 1, 11.end IIi of the Amerle'tr+rs w•rrh Disubililies Ice.Pub. L.
No. 101-336(1990)(codified as smeadtd 8
1 s ' tin , which probibits lecipicats from
discriminating on the basis of disability in the operation o public eniitits.public Sad private transportation
systems, places of public accommodation, and certsin testing engines.
Py.LOF to
Docusign Envelope ID:AC4F8FF5-57F7-40E3-8838-669426DA7FB7
V.
Recipients rrho collect personsily!Monti !able iatarmattan(Pl])are required to ha bve a pu icly available privacy
policy that describes standards on the usage and maintenance of the P11 they rolled.❑IS defines PI as any
rnfarmalion Heat permits the identity agar,individual to he directly or indirectly imferreA, including any
information that es linked as lir,kabic to That individual. Recipients may also find the DHS Privacy fmpast
ASsessmenls:Prix'a[v Geidaaer and Privacy Temnlatc as useful resources respcctivcly.
VI.
Rccipicnts must comply with r e requirements of Title Vt of the Civl fthlsAcfafl964{cadificd as amended at
41_II.S_G 2009d Aare.], which provides that no person io the United States will,an 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. t7HS implementing
regulations for the All arc found at 6_C-F R-Ear1 21 and 44 C_F_R_Part 7.
VlI.
ceepicnla must comply with Title V)t]of the OW Righlsdel ef1961t Pub_L. 90.294, as amended ehreugbPuk—l—_
ff 1�33 4� which prohibits rccipicnls from discriminating in the sale,rental,financing,and adverliaing of
dx+�ings,or in the provision of services in connection Ihereweth,on the basis of race,color,national origin.
religion, disability,familial status,and rem (sec",U"S.C.b 36e1 eE sea.),as implemented by the U.S.
Department of Housing and Urban Devclopmene al 24 C.F.R. Part 100_The prohibition an disability
discrimination includes the requirement that new multifamily housing with four or more dwelling units—i.c.,
the public and common use areas and individual apartment units tall units in buildings with elevators and
ground-floor units in buildings without elevators)--be designed and constructed with certain accessiblr
features. IScc jLC.E R_Parr 100.Sub:art ,)
Ylll. CaaYriPhI
Recipients maxi atFis the applicable copyright eoticas of 17 U_S_C. sti 401 or 402 and an acknowledgement of
U.S.Government sponsorship(including the award number)to any work first produced under fedetal financial
assistance awards
IX. 11eharmeal slid SMARS01lbn
Recipicn[s arc subject to the non•procurcrsent debarment and suspension regulations imAlcmonting
Executive Orders(r.O.) 1254E and which are at f F.k_Pert 18U as adopted by 8HS at 2 C.F.A. Part
3002. These regulations ieatrtei fedo7ai financial assiF[ansc awards,subawards, and contracts with certain
parties that arc debarred,suspeltded,at otherwise excluded from or ineligible far pnrlieipation in federal
assistance programs or activities.
X. Druq-jrtg;j{Qrlcnlacr iirQulartoes
Recipients must rnmply with drug•frcr workplace requirements in Subpart B (ar Subpart C.if the recipient is
an individual)of nhieb adopts the Government-wide impicmentalion L2 C.F_R_ Perri 1821 nr
Sec. 5152.51SR of thcUrirg•FreeWorWoeeAaraf1988141 1J.s_C_ sa slot-816d5.
Xi. j��ielElew er$rnrrlt><
Any rose allocable to a particular federal financial assistait"award provided far in 2 C_F_R_Part 200_Suhnart
f.may not be charged to other federal financial assistance awards to overcome fund deficiencies;to avoid
rest►iclions impposed by federal statutes, regulations,or federal financial assistants award terms and
conditions; or for other reasons. However.these prohibitions would not preclude recipients from shifting costs
that are allowable under two or mate awards in accordance with existing fad cral stataits,regulations,or the
federal financial assistance award terms and conditions.
xit I
Recipients most comply wit P.1 t rcquiremenlS o ttfe l7(a the E r+cariaM Amenamears of 1972,Pub. L.92.3111
(1972)(codified as amended at20 U.S.C.§ 16BI elseq.), which provide Ihal no Pcrsan in the United States
will.on the basis or sex,be cxciadcd from participation in,be denied the benefits of,or be subjccird to
discrimination under any educational program or activity rcccivin fedora] financial assistance. I314S
omplcmenling regulations are codified at�I And a „r-P rs t I9.
XII} AMercy Polies artd Cp Myerion AV
Recipients must comply with the requirements of the rE+urgy-Palleyand Conservation Ad, Pub. L. 94- 163 t 1975)
icoderied as amended at 42 U.S.i' s 62Q•l�r�l.I.which contain policies relating sa energy efficiency that are
defined in the state energy conservation plan issued in comtptiance with this Act.
XIV
Rccipicnts must comp y xteh t c requirements mf I b a Fvlar t.7crrn.:Act 1l V. �:,5� :7 9-3733_ which prohibit
the suhmission of false or fraudulent claims for payment to the fedora]govcrnencn1.(Sec i I Usx
Yftit l-IK17,which details the adm inistrative remedies for (a Ise claims and swlements made,)X%I. Federal-101sb[-Slalos
A11 Meiplcnls arc required to be non-delinquent in their repayment of any federal debt. Examples of relevant
debt include Acliaqucnt payroll and at her taxes.audit disaIto-anccs,and benefit overpayments.(See DIM
girrular A-124)
XVl F'rd;fg,j Ltadershig p•p•Bedecino ll Text Messaelnv whUe rlring
Rccipicnts arc encouraged to adopt and enforce policies that ban teal messaging while driving as described
including conducting initiatives described in 5rction 3{a}of the order when on Off sill
government business or when per farming any work for or on behalf of the fcdcral government.
XVIL F!r r+nrrtra Arc nt I97!
Recipients must comply with Preference for U.5,Flag Air Carriers(air carriers holding certificates under 4 9
1 - 4 for internalionaI air transporlation of people and property to I h a extent that such service is
avalla lc, in accordance with the lnrerriarionalAir 7'rnarporladon Fair Comprlldiw Practices Art of 1974,44
lip t l g and the snlerpretativc guidelines issued by she Comptroller Gcoeral of the United States is t "Im".0
}. 1981,ameydmemt to Comptroller General Docisiaim 8-138942.
xVrll. f
in arcardancc with Scotian 6 of[he Hotel mid Morel Fire Safety Ace of 199Q 15 a recipients must
ensure that all conference,meeting,convention,or training apace fursdcd Ili x lolc or in pars with federal
funds complies with the fire prevention and can$rat guidelines of the Federal Fire Preveorion and ConrrolArrof
Paw T aP 10
Docusign Envelope ID:AC4F8FF5-57F7-40E3-8838-669426DA7FB7
1974.Irodified as amended ai 1't 9 V & 77'S_t
x1x
R.npienta moat comply wish T i d c V1 of the Civil fthisdelof1964. 142 i1 S.C_ a 1000d es scaA prohibition
agaieet discrimi uncle n on she basis of met ianaI origin. which required titer recipients of fcderoI financial
assistance take reasonable steps Ia provide meaningful access so persons with limited English proficiency
(LEP)to their programs and services. For mddit ions I matisla net and information regarding language acccss
obligations•please refer to the OHS Recipient Guidance: hstps:l�www.dh:.sovlguidanec
publisihcd-hcl departmcnrsupporfed-organizat ions•provide•men ningful•■cccss-pcople•Iimiice3 and additional
resources on Ji1�.:17 rt1cm.uot.
xx. b�lol PrQb���elaat
Rceipieota must cpmpiy with 41 U S � gr)�I, which prov idea that none of the funds provided uhdcr a
frdcrol financial axsestsnce award may, be expended by the rceipicnl to pay say person to influence,or
attempt to ioflucace an officer or employee of any agency,a Membcr of Cong►cse,an officer of employee ur
Coogress, or in employee of■ Member of Congress in team eciinit with any federal me Lion related to a federal
award or contract, including any extension,continuation, tcnewal.amendment,or modification
XXXI.
eciplencs must toatp y w t the rs utrcments of the V a _ i
[147Q�[codified as amended as - NEPAy sad Ih¢ .ouncil an En.irpnmeatsl Qualityy
(CEQ)Reguiatiooa for Jmpiernenciag t e P►occdural Provisions of NEPA,which require recipients to use all
practicable means within their authority, and consistent with other cagesi ial coostdcrationa of national ppricy,
tp create and maintain conditions under which people and nature can exist in productive harmony and fulfill
the iocial,economic.aad other needs of ptesone end fulure gemcrations of Americans.
xXll.
ik is policy to ensure the eqa■ Ircalraanl of ■tgelmc. otgenizattons to aucial service programs
administered or supported by DHS or its component■gemeicr,enabling those nrganiralione to participate in
proyi din q itafportaat social services to beneficiaries. Recipients must comply with the equal leeatrmcmt policica
and rcelutrerrtcnts roniaivied in ,E,$ Part 12and atber appIicablr siatucs,regulations,and guidance
governing the participativas of arthbased oraamizaltons in individual DHS programs.
)UtJq,
Recipients rrretveng a era tnantill assistancr awards made under pprograms that Prohibit supplanting by
law must rasurt that federal funds do not replace(supplant) funds Ibat have been budgeted for the same
purpose through non-federal sources.
=V. dm3icp,�pgf�Mrdiaa Rlh ��pt ��¢yt�j-r�emrets
A11 instructions,guidance,limrtatioai,mod other conditions see forth in the Notice of Funding Opportunity
INOFO) for chic;program are incorporated here by rcfereorc in ebc award terms and conditions. All recipients
must comply witfi any such rcquircme»ts set forth in the program HOFO.
xXV.
Reeipicots are sa jeci to the Bervh-D r Ail, I S '51,10 gLUU unlesa otherwise provided by law.Recipients
orc subject to the specific require
mcmea$everning the rve opmcci, reporting,and disposition of rights to
invcmictis end patients resulting from federal finrnclal asaisesncc awards located at 17 C.F.It Pori and and
the standard patent rights clause located at 17 C.F.R. f 401.14.
xxVI.
SIa1eL•ppa ittea sUlf, xaea o s+a lt:s,and their conlrectors most comply with Section 6002 of the Solid
Wasie UiIpossl Act, 11965)•[codific o amended by the Rdsovmv Coweriostd u ReeotrryAc-r.
42 Ll 5_C_ &n962_s The rcq doilv.0
uire�meess of Section 6002 include procuring only items designated in guidelines of
the Eevicoomental Protection Ascney(EPA)al that contaio the highest percentage of
recovered materials practicable,consistent wli maintaining a saiiIfactory level of competiclan.
XX V11. dtiakill►adaat ALI a!1273
Rcctppicali meet co .
amended at;Y �-�j which provides that no otherwise qualified handicapped
individuals in the United Stites will,solely by reason of the handicap, be excluded from participation ra,be
denied the benefits of,or be subjeeecd to disccominalinn under any program or activity receiving fedt'ral
financial mssiaimowc.
XXVIl3
l t c tato YaInc of any currcnlly mctivc grams, cooperative■grrcrmenls, and procurement contracts from all
federal awarding sgcacics exceeds S10,000.000 for one peried of time during she cried of performance of
this federal award,then the rccipicols must comply with the tequirrmeais set forth in the goiecramcol-wide
Award Term and Condition for Recipient Integrity and Performance Mat leis located it I C.F.R. Pat%200,
Appendix XI1.the full teat of which is incorporated hrrc by reference in the award trrnts and conditions
xxlx.
Recipeeacs are require tp comply +vseh r s rcquiretnr nts act forth in the gavcrnment-wide award term on
Reporting Subaward:and Ea<erutiyc Compensation lecatcd at 2 C.F.R. Part lie. Appendix A,the (all tell of
which is incorporated here by reference in the award terms and epnditiona.
XXX. sAFFrnns
Recipients receiving federal financial assistancr awards made under programs that providc emergency
communication equipment and its related activities must comply with the SAFI*COM Guidance far Emergency
Commvnicalion Grano, including provisions on technical slandardg that ensure and ontiancr intcroperablc
cammuoteations,
7er�li1.yaanp,iwa
Rccrptenta muse comply Wilk end U.S. iew%that prohibit transactions with,and the provisions of
resources and support to. indivi uals and organizations associated with terrorism, )tccipicnis are legally
responsible to ensure compliance with the Order and laws.
XXX 11.
ecipecnts must Compp y with t e rcquitemrata o the governmcrit.widc financial arsisisnet awotd term which
implement■ Scctiao I06(g)of the Trafficking Victims Prolcctiost net of 2000(TVPA),codificd as emended at
Pp-a W to
Docusign Envelope ID:AC4F8FF5-57F7-4OE3-8838-669426DA7FB7
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,
XXXIIII.
Recipien is arc required to comply with the rcquirements set forth in Ohc government-wide financial
assistance award term regarding the System for Award Management and Universal Identifier Requirements
located al 2 C.F.R. Parr 25.Appcndix A.the full text of which is incorporated here by reference.
XXXIV. j"PdTRlOT Ace oI7
Recipients must comply with requirements of Section 917 of the lLnifink,and Sirr•npnccnjUF dmCrjC ki,E_rgri inr
rMP Q ri A . whicb amends 18
U.S.C. § 1 5-175t,
XXX V. Ilse of QRS Scala keep and Flags
eetptcnts must obtain permission from their DNS FAO prior to using the DHS scal(s),logos,crests or
reproductions of flags or likenesses of DNS aggency officials,including use of the United States Coast Guard
scot,logo, crests or reproductions of flags or likenesses of Coati Guard officials.
XXXVL
Recipients moat comp y with the statutory requirements for whiatic6iower protections(if applicablcl at ]•,(Z
U_S_C 922409.41 17_&C_4 712. and 10 E!_S C, f 2324.41 1)_S_C_fib 4304 and 43 10,
XXX Vll.
Before making any change to the FEMA a toted budget for ibis award,you must request prior written
aI
proval from FEMA where required by 2 C.F.R. Section 200308.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 wiill on approved budget %here the
federal share is greater than the simplified acquisilion threshold(currently$250.400).you may not transfer
funds among dircet Cast categories,programs, functions,of activities without prior written approval from
FEMA where the cumulative amount of such axonsfers exceeds or is cxpcet*d to exceed tcn percent(10%)of
the total budget FEMA Iasi appeared.You must report any deviations from your FEMA approved budget in the
first Federal Financial Report(SF-425)you submit foilowing any budget deviation,rcgardllcss of whether the
budget deviation requires prior written approval.
XXXVtll_
When original or rcplacemcnt equipment acquired un or this award by the recipient or its subrccipicnts is no
longer needed for lice original project or program or for other activities currently or previously supported by a
federal awarding agency,you most request instructions from FEMA to make proper disposition of the
equipment pursuant to 2 C.F.R. Section 200.313.
X)tXlX.
in the toms PE A determines Ober changes arc necessary to the award document after an award has been
mad*,includin$changes to period of performance or terms and conditions, recipients will be notified of the
changes in writing.Once notificalion has been made,any subsequent request for funds will indicaic recipient
acceptance of the changes to the award. Pleasc tali the FEMAIGMD Call Center at (866)927-5646 or via
c-mait to ASK-GMD@fema.dhs.gov if you have any questions.
Xl. v
OHSIF MA fundcd activities that may require an EH1?Maine subject to the FEMA Environmcntal Planning
and Historic Prtscrvaiian(ENP)review process. This review does not address all federal,slate, and local
requirements. Acceptance of federal funding acquires Occipicnt to comply with all federal,stale,and local
laws.DHSIFEMA is required Ia consider the potential impacts to natural and cultural resources of all projects
funded by DHSi FEMA grant funds,through its EH Review process-as mandated by the National
Environmental Policy Act:National Historic Preservation Act of 1966,as amended: National Flood lnsurancc
Program regulations:arid,ary other argiplicablc laws and Executive Ordcrs.To aeccss the FEMA EHP sercenintt
form and instructions,go to the DHSIFEMA website at:
helps.1/www.fcma.govrmcdia-Iibratyiassessldocumentsl90195.In order to initiate EHP review of your
projccl(s),you must complcle all relevant sections of rhis,form and submit it to the Grant Programs
Directorate(GPD)along with all other pertinent project inrormation.The L'HP review process must be
completed before funds arc released to carry out the proposed project:oiherwsac.DHSIFEhiA 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 disturbaritt-and if any
potential archeological resources are discovered,applicant will immediately cease work in that area and
notify the pass-tbrough entity,if applicable,and I)HSIFFMA.
\Ll
Recipients.sularecipicnts,and their contractors and so ennt11 clogs are subject to the prohibitions destrsbcd
in section 889 of the I S.McCain National Defense Authorization Act for Fiscal Year 2019. Pub. L.No. 115-232
i2018)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 DNS recipients,subrccipicnts, and their contractors and
subcontractors -prohibits obligating or expending federal award funds on terrain aclecommunicstions and
video surveillance peaducls and contracting with certain catsties for national security reasons.
XLII RtagLGCgJ&C 4l,dRtrdrjW Iron_&cri.Mgmarfcctnred Products_and Ceasrraeetioa dfnrtriars
Recipients and subrccip icnis must comply with the Build Amcrica,Buy America Act(BAOAA).which was
enacted as part of the)nfrastruclure Investment and lobs Act Sections 7090 1-7 0927, Pub.L.No. 317-58
(202I);and Executive Order 14005.Ensuring the Future is Made in All of America by A1)of Americe's Workers.
See also Office of Management and Budget(OMB). Memorandum M-22.11, Initial Implementation Guidagcc on
Applicalion of guy Amcrica Preference in Fcdcral financial Assistance Programs for Infrastructure. Rccipicats
and subrccipicnts of Federal financial assistance programs for infrassruclurc are hereby notified that none of
the funds provided under this award may be used for a project far infra struclure unlcas:(ll all iron and aced
used in the,project are produced in Ibc United States--this means all mantifacturiag pcaccsses, from the initial
coshing stage through rho application of coatings,occurred in the United States; (2)all manufactured
products used in the project arc produced in the Utiiled States--shis means The manufactured product was
manufactured in the United Slatc►; and the cast of the componcnts of the manufactured product that are
mined,produced,of manufactured an The United Slates is greater than 55 percent of the total cost of all
components of the manufacturcd product, unlcis another standard for determining the minimum amount of
domestic contour of the manufactured product has been established under applicable law or regulwtien:and
(3) all construction materials are manufactured in the United Slates--this means that all manufacturingg
processes for the construction material occurred in the United States.The Buy America prefcrcnee on3y
Parr 9OF CO
Docusign Envelope ID:AC4F8FF5-57F7-40E3-8838-669426DA7FB7
appplies to articles. materials,aed supplies that are consumed in,incorporated into, or affixed to an
infrasirveturc project.As rurh, it does nos apply to fools,equipment, and supplies, such as temporary
scaffolding, brought to the construction site and remavcd at Or before the completion of the infrastructure
project. Nor does a Say America preference apply to equipment and furnishings, such as inuvable 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 affixcd to the infrastructurc project. Waivers Whoa
necessary, recipients may apply for,and the agency ma rapt, a waiver from these rcquircmcnts. (a)When
the federal agency has made a determination that one of s c Fallowing cxceppliona applies, the awarding
Official may Wlivc the application of the domestic content procurement prefcrcnrr in asyy Case in which The
agency determines that: 0)applying,the domestic content proeurcmeni praFcrcocc would be incansisterit
with the public interest;(2)the types of iron, steel, manufactured products, or consiruelion 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, situ], manufacturcd products,or canstraciion materials produced in the United
States will increase the cost of the overall project by more than 25 percent. A request to waive she application
of the domestic content prOeureratal prefcrcncc must be in writing.The agency will provide instructions an
Ibe format,cantcnis,sing supporting materials required for any waiver request. Waiver requcsta are aubjeei
to pvblir comment periods of no less than t5 days and muss be reviewed by the 0M8 Mad in America
Office. There may be iostancca where an award qualifies, in whole or in part. for an existing waiver described.
For swards by the Federal Emergency Mans emeat Agency(FEMA),existing waivers arc available and the
waiver proecaa is described at "Buy Amcrica PreFerence in FEMA Financial Assistance Programs For
Infrastructure I FEMA.gov. For awards by other DHS componcnls,please contact the applicable DHS FAO. To
sec whether a particular DifS fcdcral financial assistanec program is considered an infrastructure program
and thus required to include a Buy America preference,ptease either contact the applicable OHS FAO. or for
FEMA awards, please sec Programs and Definitions: Build Amcrica. Buy America Act 1 FIiMA.gov.
XUII.
T e DHS raadard Terms and Coadittana arc a restasemrnt of general rcquircmcnts imposed upon recipients
and flow down to subreeipicats as a matter of law, regulation, or executive order. If the rcquircmcm does not
apply to Indian tribes or there is a federal Iaw or regulation exempting its application to Indian tribes,then
the acceptance by Tribes of, or acquiescence to. DNS Standard crms and Conditions does not change or
alter its inappiic11bili%to an Indian tribe. The execution of gram documents is not intandcd to change,alter.
amend, or impose additional liability or responsibility upon the Tribe where it does not already exist.
7[LIV. �frrrr Cie leer
2 C.F.R. section 20t1.211(b)(15)requires the terms of the award to include the indirect cost rate for the
fcdcral award. if applicable, the indirect cost rate for this award Is staled in the budget documents or other
materials approved by FEMA and included in the award file.
XLV. ffi f rrfsr�rrre goers
In addition to the Biannual Strategy Implementation Report(BSIR)submission requirements vutlincd in the
Prcparodness Grants Manual, recipients must demonstrate hove the grant•fundrd project addressed the core
capability gap associated with this project and identified in the Threat and Hazard Identification and Risk
Assessment(THIRA)or 5takeholder Preparedness Rtviaw(SPR)or sustains exis tin gg capabilities as applicable.
The capability gap reduction must be addressed in the Project Description of the SSIR for each project.
](LVL Daererlre S►enever4m j=rarrew Mold
The recipient is prohibited from drawing down OPSG funding under this award or reimbursing OPSG
subrccipicnts of this award until each unique,sppecific,or modified county lctici. Iribal,•or cquivatent
Operations Order or Fragmentary Ndei(FRAGS has been reviewed by FEMAIGPD and Customs and Border
Prolecti4nitJnited States Border Patrol(CBPIUSBP). The recipient will receive the official notification of
approval from FEMAIGPD,
nVII. crforsiresee goal
ft.. trtoa to the Biannual Strategy Implementation Report(BSIR)submission rcquircmcnts outlined in the
Prcparedness ❑rants Manual, recipients must demonstrate how the grant-funded project addressed the core
capability Yap associated with this project and identified in the Threat and Hazard Identification and Risk
A"es smcar(THIRA)or Stakeholder Preps redncss Rcview(SPR)or sustains existing capabilities as applicable,
The capability gap reduction or capability susiairimcni must be addressed in the Project Description of the
ESIR for each project.
P".10 OF 19
Docusign Envelope ID:AC4F8FF5-57F7-40E3-8838-669426DA7FB7
AGREEMENT NO.
Exil Date: a2m8am
ASSURANCES-NON-CQNSTRUCT'IdN PROGRAMS
Public reporting burden for this collection of information is estimated to average 15 minutes per response,kit ddng time for reviewing
Instructions,searching exfsting data sources,gafhwft and maintaining the data needed,and
information.Send comments P�«�and n�indu r i the gNe one of
reganfing the burden eafimale or any other esspthct of finis tiogscflon d IfifOrrrlalipra,irldudinQ aupQestiona far
reducing this burden,to the Office of Management and F3tKOK Paperwork Reduction Prated(034t3-0040).Washing an.DC 20W3.
PLEASE DO.NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF FAANAGEMENT AND BUDGET. SEND
IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY.
NOTE: CefteTn of these eswrwr oes may not be applicable to your pnD)ed or program.If you have quesliom,please lacteal the
awarding agent.Further,eertaln Federal awarding agencies may requires is eppBcm to certify to additional assurances.
If such is the cfse,you wilt be notified.
As the dufy avOwixed nVossen ative d the appkarat,I cert#y that the applicant:
;. Has the legal authority to apply for Federal assistance Act of 1973,as amended[29 U.S.C.§794),which
and the instRutional,managerial and financial capability prch10ds discrimination on the basis of handicaps,(d)
(including funds suffrdent to pay the non-Federal chars the Age diac�irrpnatlon Ad of 1975.as amended(42 u.
of project coat)to ensure props►planri ft.management S.C.SWOT-61071 which prohhM discrW*o8don on
and completion of the project described in this the basis of age:(a)the Drug Abuse F]ftica and
applicatlon. Treatment Aid of 19n(P.L.e2-2SS),as amend d,
relating to nondiscrimination on the bash of do Q
2. Viflit give the awandxng agency,the C mptroller General abate;(f)the Compreh�slvs Ako hol Abuse and
of the United States and,9 appropriate,the State, Akohollsrn Pam,Tr N&WO and RehWA4 tk>n
through any Wthort2ed representative,mom to and Act of 1970(P.L.91-61%a5 amended, relating to
Vie right to examine all►eaords,books,papers,or �stim on the basis of alcohol aWn or
documents related to the award,and will establish a alcoholism;(0)§§523 and 527 of the Public Health
proper accounting system in socordsnce with genersRy Service Act of 1012(42 U.S.C.H204 dd-3 and 28o
accepted accounting standards or a9�7'directives. se-31 as 8m8ndW,relsflnp to sty d alcohol
and dng abuse patlerrt records;(h)Title Vila of the CW
3. WIN embf h safeguards to prohibit employees from flights Ad of 1985(42 U.S.C.§§3W1 at saq.),as
using their position for a purpose that constitutes or amended,relsting to nondiu&nMafion in the sale.
presents the appearance of personal or organWWwaai rental or fine"of housing;(1)any other
conflict of Wereat.or personal gain, narhdi�scftlnation promicas in the specific swtutee(s)
under Which application far Federal assistance is being
4. Will lMtiate and conVWe the work within the applicable made;and,0)the requirenwts of any other
time frame aflar receipt of approval of the awarding nondtaall*nMbn statuta(a)which may apply to the
agency, appilcatfon.
S. Will coneply with the InteryovernmoMai Personnel Act of 7. wall c�ornpiy,or has already complied,with the
1970(42 U.S.C.§§4728-4763)m1a ft to prescrbed r�ifeR'a�s of Titles tI and III of the Uniform
standards for merit a proWa ReiDeation �s Atance and Real Property Actwisition
one of the 19 sta Wes reguWkme speediled h Poi M Act of 19-M(P.L.91.646)which provide for
Appendix A of OPM's Standards for a Merit System of fair and aquiII&s lrshrtrnent of persons displaced or
Personnel Administration(5 C.F.R.900.Subpart F). whose orop&V is acquired as a result of Federal or
federaly-essisted programs.These requhmeras
6. Wed cornpiy with all Federal statutes re"to ray Wall WeresU In real property acquired for
rondiscriminabon.These include btg are not WNW to. f� urD��►a p of Federal participation in
(a)Title VI of fie Civil Bights Act of 19S4(P.L 81-M) �mW
which prohiblls dzWmirrstion on the baefa of race.Dolor B. VA comply,as applicable.with provisions of the
or national origin;(b)Title IX of the Education Hold Act(5 U.S.C.§§16D1-1508 and 7324-7328)
Amendments of 1972,as amended(20 U.S.C.§§1681- which H MR the Pohl ad dikes of empbyeas whose
1683, and 1585-16861 which Prohibits discrimination an principal employment activities are funded in whole
the basis of sex;(c)Section 504 of the Rehabilitation or in part with Federal funds.
PmviVW Edt He MOW SbvwWd Fern 4M Ptm�ail
Autlor&"for Local Raproduction Nruriibrrd a 0M Cirtula A•1e3t
Docusign Envelope ID:AC4F8FF5-57F7-40E3-8838-669426DA7FB7
9. WIN comply.as applicable.with the provFsbns of the Davis- 13. ON assist the awarding agency in as9uOft oomphance
Bacon Act(40 U.S.C.§1276a to 276e-7),the Copeland Ad with Section 106 of the National Historic Preservation
(40 U.&C.§276c and 18 U.S.C.§874),and She Contract Act of 1966,as smorWad(16 U.S.C.§470),EO 11593
Work Hours end Safety Standards Act(40 U.S.C.§§3,27• (IdenCr K*Wn and protection of historic properties),and
333).regarding labor standards for fedonelly-mWed the Archaeological and Historic Preservation Act of
construction subagreerrents. 1974(16 U.S.C.§§469e-1 of ssq.),
10. Will comply,if applicable,with flood insurance purchase 14. WIII comply with P,L,93-348 regarding the protection of
requirements of Section 102(s)of the Flood Disaster human subjects ln%V ed In research.deveMunent.and
Protection Act of 1973(P.L,83-234)which rewires related activities supported by this award of asslslanpe.
recipients in a speoiat flood hazard area to partkill in the
program and to purchase flood insurance If the lotel cost of 15. Will comply with the laboratory Anima!Webm Act of
Insurable construction and avqulskion is 510,000 or more. 19N(P.L,eg-W,as amended.7 U.S.C.9§2131 at
seq,)pertaining to the are,handlN,aril treatment of
11. 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 activitles supported by this award of assistance.
environmental quality control measures under the National 1 s. VVt oontply wqh the Lead-Based Palm Poisoning
Errvrronmental Policy Act of I M(P.L.91.190)and Wig cD tlary { h 1 et seq.}which
Executive Order(E0)11514.(b)rroafication of violating the use of U.S.C..S.C.ajjW1 a in eonatnx:llan or
faciftties pursuant 10 EO 11738.,(c)protection of wetlands btpn of residence structures.
pursuant to EO i19W;(d)evaluation of flood hazards in
floodplains in acCDrdanoe with EO 11986;(e)assurance of
project consistency with the approved State management 17 oD cause to be performed the required a Single and
program developed under the Coastal�+e Managsment ccrTM mend audits in accordance with the Single Audit
Ad.Amendments of 199B and OMB Carcular No.A-133,
Act of 1972(16 U.S.C.§61451 et seq.);(f)conformity of ,Audits of States.Local GovemmeMs,and Mon-Profit
Federal actions to Sate(Clean Air)lmplemenlation Plans
under 5edk>n 176�(c)of the Clean Air Act of 1955,as Urganixstlans"
amended(42 U.S.C.§§7401 et vM.);(9)protection of 18. Will comply with all applicable requirements of all other
underground sources of drinking water under the Sale Federal laws,executive orders ragulativns,and>,orvaes
Drinking Water Act of 1974,as amended(P.L.93-523r govemlrg this program.
and,(h)protection of endangered species udder the
Endangered Species Act of 1973,as amended(P.L.93- 19. WIN comply with the requFrernents of Section 106(g)of
205)• the Trafficking Victims Protection Act(TVPA)of 2000,as
amended(22 U.S.C.7104)which prohibits grant award
12. Wig comply with the Wild and Scenic Rivers Act of recipients or a sub-reelpl@rl from(1)Engaging In severe
1968 06 U.S.C-§§1271 et seq.)related to protecting forms of lraffiekIng in persons during the period of time
components or potential oompcnents of the national that the sword Is in effect(2)Procuring a commercial
wild and scenic rivers system. sex act doing 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,
SIGNATU!! AUTHORIZED C ING OFFICKL TITLE ,
APPLICANT ORGANIZATION DATE SUBMITTED
ATM% SIMM4M Fern+4411 fkw.74nsock
�hli �Y Clerk
Docusign Envelope ID:AC4F8FF5-57F7-40E3-8838-669426DA7FB7
Exhibit B SHSP Subaward Guidance 22
APPENDIX A- Mission Areas&Core Capabilities Inv estmentGuide
RespondPrevent Protect Mitigate Recover
Planning
Public Information&Warning
Operational Coordination
Intelligence&Information Sharing Community Infrastructure Systems
Resilience
Lang-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 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 9
July 25, 2022
Docusign Envelope ID:AC4F8FF5-57F7-40E3-8838-669426DA7FB7
Exhfbit A
AGREEAHM NO.
Idaho Office of Emergency Management (� per►
2023 SubrecfpleTlrt Agreement
for
AdA County
Data Of Award
septaalber t.30#3
1.Sobtselpient Mama and Address s.Proper"by.tltenom Kwk 13.Award ttuarbar 2UKM14 0
4. Pedwal Grant f reenammm
Fedorat Brant Tiffs: 8106 MaMalarid 4e0u►Ity grant Program
Ads County
7200 asufstsr Dr. federal Brant Award NombenCFDA Koffiber; RIM-202"01-01)p'f3107M7
Balsa,10 83?04
txsderal Granifeg Aganoy. Grant Prawns Diradtorate
Federal(Emergency Monstoment Agency
U.S.Wparmorsh of Nomaland security
S• Award Amount and Grant Breakdown*
2023 State Homeland Security Program
t3u6raoiplent Unique id4ntiller(pUNti): 007031448 Reriorentineel Budget Period:
Award Amount This Action., $499,4113.67
total Award Amount: $626,439.11IT Sep 1.2023 through Fete 28, 2026
4, Regalromaais. Thle Subewsrd Is approved rubJeat to sus+CONItlsns or Ilmttatlona as are pet forth on the rdlemar papas of We document and In the
General Terms and Conditions sent to support the State HORWOnd Sscurily Grant Progrern,Me is a net a Ressewh i Davelo"rd Subatrard.
Svbrecipiants moat give the Idaho 021as of 0moril mome mint(IDEM),Oepartmsnt of Non s Sod Security[RHO)sled auditors.tease to and the floor
io exe thin a and copy roeorde,swourl Is,and othsl dewnrents and mews of innfornnson related to the grant and permit eaaers to fscolIse,porsonrtai,rod
other Ind Mduals end information as may be no casesry,as required by DNS rsgtdatlon sod alhsr appileable tops ar probnem Outdaner.
The 3ubrocipPatti certifte the tha aubrocipPart and Its'sanlrsctenlrendars ors not IN~Ily debarred,suspended,ompoaad for debarment,dsclarsd
Insllgibla or votuMsriry excluded by any federal department a eganey and der not appear In tiro 0"arred and SuspeMod 11#1 at
The SubroWent Cerlifies compne"I with The 20FRM Subpart F-Audit Roq Oka mom to and ldehe State Cads 01.4M-Indapsadent IrinancisI AWhe Of
Loaf Gave mrnmrrtet EMtliter—Firing Reg ulrernrnts.
The Subrodplent earifte the indlroal cart rile for the Federal Award(Including It the do mirdmis rate is ahargadf per/200.414.
AomptanCe of subs- 96 certified corhpiianas whit raqulramenis detailed above and to the ofichsd Terns end Con dltlono
T. speslot COR011194+0r If an extension le Mgtrfred due to eaternrettng u#rcumatenves,eonlect your Area 00ls4G eat(APO)or tha Idaho special Tsame
.tanager.
a. Agway Approve!
Approving IOEIn Gffielsls atgnsters sl IDIOM Ofitalatt
Brad Rlchy, Director (9 �
fdaho Office of Emergency Management sat.:
(208) 238-6501 L-A
!. S"Al elplent Aamptso t
1 hawt read end understand the altachad Terms Mad Conditions_ I(testers ao"T eampttaaes with"Iranmeals detailed on subaward
w bneelpleai m9m nvalL
Print name and title of A911horbod Sehreetplsnt affictat; sfan I A d isIpiant Wetah
10.Enter&Mpleyer fdentt ■tfan Nunrbsr tEf111 f FardorsI Tam 1dsntM 1Nipabeas 11. Data signed i
1:.bUE iO►iNE: h. Mr ; ATT01
Siantd award met be returood to 10119 on or before 00 above due daft. �
1
Tit Tdpoe,►)ft Co �[
Docusign Envelope ID:AC4F8FF5-57F7-40E3-8838-669426DA7FB7
MEMORANDUM OF UNDERSTANDING
Between
The State of Idaho, Office of Emergency Management
And
.Ida County
Regarding the use of FY 2023 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.P urpo se. 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 fall allocation of SHSP funds:
a. Enhancing the protection of soft targets 1 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
c.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
Docusign Envelope ID:AC4F8FF5-57F7-40E3-8838-669426DA7FB7
a .Prfority Area — Enhancing the protection of soft targets 1 crowded places
IOEM 1 The Idaho Criminal Intelligence Center (IC2)
IC2 will continue its commitment to the protection of soft targets 1 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 J crowded places will
be maintained and expanded such as multiple crime and threat tip lines,
smartphone crime and threat tip Iines 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): S50,000
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): 550,000
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.
Docusign Envelope ID:AC4F8FF5-57F7-40E3-8838-669426DA7FB7
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 als❑ intended to provide policy makers and agency staff (those who are not
cybersecurity professionals) with critical information to increase cyber hygiene and bolster
resilicocy regarding cyber-attacks. This investment advances many of the 16
recommendations of the Governor's Cybersecurity Task Force.
Cost Breakout:
State Share ❑f 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.
1 .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
[B'DisiD,
EM Sahrestpieati - —
ad Richy, 1DEM I]irector fend Beck,AdminEstratire Queer
40 Guard Street, Bldg. 600 +Ads county
ID 83705 120D W. Front St.
8}422-304D �Boise,1D 83702
f
Docusign Envelope ID:AC4F8FF5-57F7-40E3-8838-669426DA7FB7
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.
'.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.
14.TermInatlon. 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.
Approv y: ATOM,
Rod Beck [date] Trent Tripple,Ada Cou . Glerk
Administrative Officer
ap
Brad Richy [date]
IOEM Director
Docusign Envelope ID:AC4F8FF5-57F7-40E3-8838-669426DA7FB7
2423 DRS Standard Terms and Conditions
The 2023 DNS Standard Terms and Conditions apply to all new federal financial Assistance awards
funded in FY 2023. These terms and conditions floe• down to srbreciplents, 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.dbs.gov/publication/fyl5-dhs-standard-tertns-and-conditions.
DHS financial assistance recipients moat complete either the Office of Management and Budget
n(OMB) Stadard�m_424113 AsLuranoeg - ]tion-Cgg,airnctl ii Programs.orOMB Stattd.�FoLm 4241
AsiiiCRDSen—CgtaSfructlo j XZegrams- 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
instracted 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 Regulations fC.F.R.LZg,Lt Z00. and adopted by DNS at 2 C.R.R. Part 3002,
By accepting this agreement, the recipient and its executives, as defined in 2 G.F.R. section 170.315,
certify that the reelp€ent's policies are in accordance with OMB's guidance located at Z C.F.R. Part
200, all applicable federal Taws, and relevant Executive guidance.
D$$iLSciflc AcktLazvledgemCnts and Assurances
All recipients, subrecipients, successors, transferees, and assignees must acknowledge and agree to comply
with applicable provisions governing DHS 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 co y, 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 trust 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 under
which this term applies. Recipients of multiple awards of DHS 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.
Recipptents should submit the completed tool, including supporting materials, to
CivilRightsEvaivaticn@hq.dhs.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 D148, The evaluation tool can be found at
https:llwww.dbs.govlpublication/dhs-civil-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 completing the tool. Recipients should request extensions by
emailing the request to CivilRiehtsl=valuationna ho .vov prior to expiration of the 30-day deadline.
f.
Recipients must acknowledge their use of federal funding when issuing statements, press releases, rer(uests
for proposal, bid invitations, and other documents describing projects or programs funded in whole or in part
with federal funds.
I1, Are-tivltfes Conducted Abroad
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.
Ill. d,ge Discrimixafioe Act of 1975
Recipients must ccmply with the re quiremonts of the Age Discriminarlon Acr of 197J, Public Law Numbcr
94.135 (1975) (codified as amended at 4 , which prohibits discrimination on
the basis of age in any program or activity receiving federat financial assistance.
IV, A m F.CJU jE.W. w igh Disakilifies,Act 12f_2990
Recipients must comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act,
Pub. L. No. 101-336 (1990) (codified as amended at 42 U.S.C. SS 1;101-,1�7 13), which,prohibits recipients
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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 enlltl�S.
V.
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 Pit they collect. DHS defines
Pll 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 Ptivacy Impact
Assessments: Privacy Guidance and Priyacv Template as usefuI resources respectively.
Vi. Y'iv►l Rigbrs der of 1964 — ji fie_Y11
Recipients must comply with the requirements of Title VI of the Civil Rights Art of J964(codified as
amended at , 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 Ray program or activity receiving federal financial assistance. DRS
implementing regulations for the Act are found at and 1, C.F_R, Part 7,
VI1.
Recipients must comply with Title VIIi of the Civil Righrs Act of 1968, Pub. L. 90-284_ as amended through
Pub j,, 11;•4. which prohibits recipients from discriminating in the sale, rental, financisig,and advertising of
dwellings, or to the provisson of services in connection therewith, on the basis of race, color, national origin,
religion, disability, familial status, and sex (see 42 t1.5_G& 36tt1 ct sso.] as 'MP l Cato aled by the t].S_
Department of }lousing and Urbau Development at? The prohibition on disability
discrimination includes the requirement that new multifamily housius with four ar more dwelling units—i.e.,
the public and common use areas and individual apartment units tall 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. 5ubtarl_D
1�I11.
Recipients must affix the applicable copyright notices of I 11.5.C_64.401 _g 02 and an acknowledgement of
U.S. Government sponsorship [including the award number] to any work first produced under federal
financial assistance awards.
IX. Debarment ILL
�usnetttlaa
Recipients are subject [❑ the non-procurement debarment and suspension regulations implementing
Executive Orders (E.O.).125 ad i 2689.which are at 2 C.F_R_Nri 180 as adopted by DHS at 2 C.F.R.
Part 3602. These regulations restrict federal financial assistance awards, subawards, and contracts with
certain parties that arc debarred, suspended, or otherwise excluded from or ineligible for participation in
federal assistance programs or activates.
X. Drur.Free WorkRlac gnlarions
Recipients must comply with drug•frec workplace requirements in Subpart B (or Subpart C, if the rccipien,
is as individual) of 2 C_F_R Part 3001,which adapts the Government-wide implementation t2 C.F R Part
J_EZ of St:e. 5152-5158 of the Drug-Free Workploce Aer of J988 f4T U S_C. �5 R101-S111b1.
X1. Duplication of Benefits
Any cost allocabic to a particular federal financial assistanoc award provided for in 7 t 0
�Lmay not be charged to other federal financial assistance awards to overcome fund deficicocres; 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
casts that arc allowable under two or more awards in accordance with existing federal statutes, regulations,
or the federal financial assistance award terms and conditions.
:{lI, ady_t, ton Amendments or ta72 ftiavol��arrun[!v ia_Educ_fill Aril—TitislXi
Recipients must comply withlthc requirements of"title IX of the Edurarion Araendrrsenfs aj 1972, Pub. L.
92.318 (1972)(codified as amended at 20 U.S.C. § 1681 et seg.), which provide that no person in the LJnited
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. ❑HS
implementing regulations are codified at and 44 C.F.R Pact 19_
X 111. AngZgy Policy arid CQJjNe4VdfIijta_4U
Recipients most comply with the rcquirementa of the Energy Policy and Conservation Air, Pub. L. 94- 163
(1975) (codified as amended at J;_U.5.C__4 620.1 g sQa), which contain policies relating to energy effictcncy
that are defined in the state energy conservation plan issued in compliance with this Act.
X IV. Fulye Claims Act and proerQm_M'reud Cfvfl Rrtrredles
Recipients must comply with l e requirements o t e False claimN Act,11 U.S.C. 44__3 77 Y- 3_7i. which
prohibit the submission of false or fraudulent claims for payment to the federal government. (See 31 U.S:C•__
S6 3801-"Iz which details the administrative remedies for false claims and statements made.)
XV, Federal Debt Slottrs
All ret p cuts arc required to be non-delinquent in their repayment of any red craI debt, Examples of relevant
debt include delinquent payrOli and other taxes, audit distillawanccs, and benefit Overpayments. (Sec OMR
Cirgular A-122.)
XVI_ deralJ,�,�,Adtrghin an Ne.luriob Tss� esgaAin@ wbLls_ riving
Recipients are encouraged to adopt and enforce policies that ban text messaging while driving as described
is F.O. 13513. including conducting initiatives described in Section 3(a) of the Order when on official p government business or when erforming any work for or on behalf of the federal government.
XVIi. 7
Rcc� Tents must comply with Preference for U.S, Flag Air Carriers (air carriers holding certificates undcr 3 9
1 8 for internatioaaI air transportation of people and property to the extent that such service is
available, in accordancc with theInfernatforral Air Transportation Fair Competitive Pracrices Act of 1974,1
U.5.C. b 4011k and the interpretative guidelines issued by the Comptroller General of the United States in
the 'March 31. 1981,amendment to Comptroller Gcnerel Decision B•139942.
XViII. NareJ and Morel Fire Satery riff pL_IF
In accordance with Section 6 ref the Nale!and Morel Fire Safety Act of 19y0,,15 11.S.L'. 4 222,5a. fee ipicntr
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must ensure that all conference, meeting, convcntien, or training space funded in whole or in part with
federal funds complies with the fire prevention and control gguidelines of the Federal Fire Prevention and
Control Act of 197.1, (codified as amended at 15 U.S.C. 6 2225.)
XIX. Limited ngl hfroffcfanev {���v11 Riphrs Tills Yll
Recipients must comply with Title V1 of the CIvil Rights Acr of 1954, f42 U.S.C. 5 1000d ct sea,l 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: htips:/lwww.dhs.govlguidance-
published-help-departmentsupported-organizations-provide-meaningful-access-people-limited and additional
resources oa httDE//www.leo•eov.
XX. Lobby(gg Prohibitinna
Recipteats must comply with I I U.S.C. 6 1152. 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, as 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. 1Yalioaal Fn flranwtrnlel Policy Acr
Reci Tents must comply with the requirements of the Notional Environmental Pskov.ter eF 19b9. Puh. L.
9j-j 0 fI9701 {codified as amended at 42 U.5.C. 6 4321 et seo.fNEPA) 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.
XXII.
It is DHS polocy to ensure the equa treatment of art - axed arganrxations 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 and other applicable statues, regulations, and
guidance governing the participations o faithbased organizations is individual DHS programs.
XXIII. lYoa;y RlOnlremrnt
Recipients receiving federal financial assistance awards made under pr❑grama 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-fcdoraI sources.
XXTV.
All instructions, guidance, limitations, and other conditions set forth in the Notice of Funding Oppportunity
(NOFO) for this program are incorporated here by reference in the award terms and conditions. AIi
recipients must comply with any such requirements set forth in the program MOPO.
XXV. Patents and_lattliectuaLPronerty Rights
Recipients are subject to the Eayh-Dole Acr,35 U.S.C.5 100 et sea. unless otherwise provided by law.
Recipients are subject to the specific requirements governing the development, reporting, and disposition of
rights to invcnticns and patents resulting from federal financial assistance awards located at 37 C.F.R. Part_
JUand the standard patent rights clause located at 37 C.F.R. § 401.14,
XXVI. Pro comment of Recnvrred Materials
States, political subdivisions of states, and their contraclors must comply with Section 6002 of She 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 6007 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.
XXVI%. fg:►t_y,(tiHigliaa Act of 19_23
Recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, Pub. L.
93-712 (1973), (codified as amended at 29 U.S.C. 6 794.) which provides that no otherwise qualified
handicapped individuals in the United States will, solely by reason of the handicap, be excluded from
partici,pation in, be denied the benefits of, or be subjected to discrimination under any program or activity
receiving federal financial assistance.
XXVIII. Reaorrlan a£�t�alrrrs Rj��f !(,(p Reclelrses la�f�rily sad PerrarX,gA"
If the total value of any currently active grants,cooperative agreements, and procurement contraots from all
federal awarding agencies exceeds $10,000,000 for any 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 bete by reference in the award terms and conditions.
XXLX, Reporting Ssi-bawards and ExCr.zll,Pf CamneasoligA
Recipients are required to comply with the requirements set forth in the government-wide award term on
Reporting 5ubawards 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.
y{XX SAFECDM
Rccipients receiving federal financial assistance awards made under programs that provide emergency
communication equipment and its related activities must comply with the SAPECOl14 Guidance for
Emergency Communication Grants, including provisions on technical standards that erasure and enhance
interoperablc communications.
XXXI. Terrorilt
Recipients must comply with _. 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.
XXXIL Traffic
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Rceip Tents muss comply with the requirements of the government-wide financial assistance award term
wbich 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 173.15. the full text of
which is incorporated here by reference.
XXXHl. Nos"IRecipients are required to comply with the requirements f V forth in the govtrnrnept-wide financial
assistance uward term regarding the System fat Award Management and Llnivcrsat Identifier Requirements
located at 2 C.F,R, Part 25, Appendix A,the full text of which is incorporated here by reference,
XXXIV.
Recipients niust comply wick requirements of Section 817 of the (In itine and Sire ag1heni.re-Americu_t+�
PrvvidNri Ann+nrrfoie Tonle See Wred to fnrercepi and�LNIru Terrorism.fcr of?001 (USA PATRIOT Act).
which amends 18 U.S.C. §§ 175-175c.
xxxvV Use of DNS seal. Logo Ago klaea
Recipients must obtain permission from their DHS FAD prior to using the DHS scat(s), logos, crest:; or
reproductions of flags or likenesses of DNS agency officials, including use of the Lusted States Coast Guard
seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials.
XXXVI.
Recipients must comply with the statutory requirements for whistleblower protections (if applicable) at It!-
U.S_C 6 2k1 I I U_S_C_ 6 4711 and 10 U.S.C. & 2324 41 L!_S.C. 55 JaA and jajjt!<
X}aYll. for EEL"
Before making any change to"the approved budget for this award, you must request prior written
approval from FEMA where required by 2 C.F.R. Section 200.309. FEMA is also utilizing its discretion to
impose an additional restticticrn 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 (be simplified acquisition threshaid(currently $230,000), 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 er is expected to execed ten
percent (10%) of the total budget FEMA Iast 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. ilisnosirion or Favinmene Acaafred Under ME Yffdetnl_iIgr�
When original or replacement equipment acquired under this award by the rccipicat or its subrccipierits is
no longer needed for the original project or program or for other activities currently or previously supported
by a federal awarding ageaey, you must requcst instructions from FEMA to make proper disposition of the
equipment pursuant to 2 C.F.R. Section 200.313.
xxxlx. Acceptance of-PoXI Jw1gi Changes
In the event FEMA determines that chunges arc necessary to the award document after in award bar, 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 FEMAiGMD Catl Center at (966)927-5646 or via
c-mail to ASK-GMD®fcma.dhs.gov if you have any questions.
xl,
DIiSIFEMA funded activities that may require an EHF review ere priesereatioll-
I 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 ail federal, state.
and local laws. DHSIFEMA is required to consider the potential impacts to natural and cultural resources of
all projects funded by DHS/ FEMA grant funds,through its EFIP Rcview process,as mandated by the
National Envlroomtetal Policy Act; National Historic Preservation Act of 3966, as ameedcd; National Flood
Insurance Program rcgislatioos; and, any other applicable laws and Executive Orders.To access the FEMA
EUP screening form and 'instructions, go to the DHSIFEMA website at:
https:llwww.fema.gavlmedia-librarylassetaldocumentsl90195. In order to initiate EHP review of your
project($), you must complete all relevant sections of this form and submit it to the Grant Programs
Directorate (GPO) along with all other pertinent project information. The EHP review process must be
completed before funds are rcicascd to carry out the proposed project; otherwise, DHSiFEMA may not be
able to fund the project due to noncompliance with EHP lawn, executive order, regulations, and policies. If
ground disturbing activities occur during construotion, 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. Joher S. McCain No6oftal
Recipients, subrecipients, an their contractors acid subcontractors arc subject to the proliibitions
described in section 889 of the 3 S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L.
No. 1 15-232 (2418) and 2 C.F.R.sections 200.216, 200.327, 200.471, and Appendix I to 2 C.F.R. Puri 200.
Beginning August 13, 2320, the statute - as it applies to DHS recipients, subrecipients, and their contractors
and subcontractors - prohibits obligating or expending federal award funds on certain telecommunications
acid video surveillance products and coniracriag with ccrlain entities for national security reasons.
XLIL +
Recipients and subrecipients must comply with the Build Atncrica, Buy America Act (BA$AA), which wits
enacted as part of the Infrastructure Investment and Jobs Act Sections 70901-70927, Pub. L. No, I17-58
(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 lmpfcmcntation
Guidsnce on Application of Buy America Preference in Federal Financial Assistance Programs far
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 infrastructuro
unless: (I)all iron and steel used in the project are produced in the United Stales--ibis 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 Lost of the components of
the manufactured product that are coined, produced, or manufactured in the united Staters 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
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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 prcference apply to equipment and
furnisbings, 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: (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 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 coat 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 Proggrams for Infrastructure J FEMA.gov. For awards by
other DRS 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 FAD, or for FEMA awards, please see
Programs and Definitions:Build America, Buy America Act I FEMA.gov.
1l LIIi.
The DHS Standard Terms aitd Conditions art 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.
2 C.F.R. section 200.211(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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ASSURANCES -NON-CONSTRUCTION PROGRAMS
a
reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewingtions, 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; (e) 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 et 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; (€) 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
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, witty 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 ❑PM'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 activit€es of employees whose
the basis of sex; (c)Section 5D4 of the Rehabilitation principal employment activities are funded in whole or
in part with Federal funds.
evlous Edition Usable Standard Form 424B(Rev.7-97)
Authorized for Local Reproduction Prescribed by OMB Circular A-102
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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 et 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 i-fistoric Preservation Act of
recipients in a special flood hazard area to participate in the 1974(16 U.S.C. §§469a-1 et seq.).
program and to purchase flood insurance if the total cost of
insurable construction and acquisition is$14,000 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 Weffare Act of
Environmental Policy Act of 1969 (P.L. 91-190) and 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et
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; (e) 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 et seq.) which
Act of 1972 (16 U.S.C. §§1451 et seq.); (0 conformity of prohibits the use of lead-based paint in construction or
Federal actions to State (Clean Air) implementation Pfans rehabilitation of residence structures.
under Section 176(c) of the Clean Air Act of 1955, as
amended (42 U.S.C. §§7401 et seq.); (9) 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(his program,
:IGNATU O UTHORI ED CERTiF OFFICIAL TITLE
L€CANT ORGANIZATION DATE SUBMITTED
ATTEST: December 7, 2023
Standard Farm 424B(Rev,757)Back
•
Trent ripple,Ada Co OR*
Docusign Envelope ID:AC4F8FF5-57F7-40E3-8838-669426DA7FB7
Exhibit B SHSP Subaward Guidance , 2023
APPENDIX A-- Mission Areas&Core Capabilities Investment Guide
et Respondf
itigate
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 10
August 29,1013
Docusign Envelope ID:AC4F8FF5-57F7-40E3-8838-669426DA7FB7
uocusign l;nveiope II]:D6BDE59D-0398446a4FE3-4A63CB769BB7 Agreement No. 30292
Idaho Office of Emergency Management
Exhibit A
2024 Subrecipient Agreement
for
Ada County
Date of Award
September 19, 2024
1. Subreclplent Name and Address 2. Prepared by:Magdaleno, LuiS 3. Award Number:24SHSPODJ
4 Federal Grant Information
Federal Grant Title: State Homeland Security Grant Program
Ada County
720D Barrister Dr. Federal' Grant Award NumberlCFDA Number. EMW2024•SS-05016197.1167
Boise, iD 83704
Federal Granting Agency: Grant Programs Directorate
Federal Emergency Management Agency
U.S.Department of Homeland Security
3, Award Amount and Grant Breakdowns
Subrecipient Unique Identifler(OUNS): 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 es are set forth on the following pages of this document and in the
General Terms and Conditions sent to support the Stale Homeiand Security Grant Program.This is a not a Research&Development Subaward.
5ubreeipients must give the Idaho Office of Emergency Management(iOEM), Department of Homeland Security(OHS)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 OHS regulations and other applicable laws or program guidance.
The Subrecipient cerllfles that the subrecipienl and its'GontraGtorslvendors ere 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 st h 1 www
The subrecipienl certifies compliance with the 2CFR200 Subpart F—Audit Requirements and Idaho Stale Code 67.45DB—Independent Financial Audits of
Local Governmental Entities—Filing Requirements.
The Subrecipient certifies the indirect cost rate for the Federal Award(including if the do minirnis rate is charged)per§2D0.414,
Acceptance of aubaward certified compliance with requirements detailed above and to the altched 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.
8.
Agency Approval
Approving IOEM Official: Signature of IOEM Official:
Brad Richy, Director v+M
Idaho Office of Emergency Management uste; rr��
(208) 258-650I t' t of
s' Subrecipient Acceptance
I have read and understand the attached Terms and Conditions, Signature certifies compliance with requirements detailed an aubaward
subrecipient agreement.
Print name and title of Authorized Subreciplent offleial: Signature of Author r idrs r Reclpfent Official:
Rod Beck Chair s*
10, Enter Employer Identification Number(EINJ 1 Federal Tax identification Number: IIt. Data Signed
` ~ 4
- 1/8/2025 1 9:30 AM M T
12. DUE DATE —Do"SWrKa by.
Signed award must be returned to 10EM on or before the above due date. I _01 . 11$12025 k 10:28 A 11
Trent Trippte, Ada County Clerk
Docusign Envelope ID:AC4F8FF5-57F7-40E3-8838-669426DA7FB7
Docusign Envelope ID:G69DE59D-039"5"FE3-4AfiSC$769B87
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 . Pu rpose. 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, DNS 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 1 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 ]OEM 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:AC4F8FF5-57F7-40E3-8838-669426DA7FB7
uvcus+gn r-rive iope+u: e mFmpoo1
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.
1 .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.Suhrecipients: 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 _ _— —� _ Subreeipient
Docusign Envelope ID:AC4F8FF5-57F7-40E3-8838-669426DA7FB7
Docusign Envelope 10:06BDE5SD-0398-446B-8FE3.4A68CB769B87 _
Brad Richy, IOEM Director
Rod Beck, Commissioner
4040 Guard Street, Bldg. 600 Ada county
Boise, ID 83705 1201 W. Front 51.
(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.
'.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.
Approved by:
Attested By:
vowsipr�a ey:
1/8/2025 19:30 ►uti MST 1/8/2025 1 10:28 E
soaraFaFeel19i74. —
Rod Beck [date] Trent Tripple, Clerk
("nmrn;0Q;A '-r
Docusign Envelope ID:AC4F8FF5-57F7-40E3-8838-669426DA7FB7
Docusign Envelope ID:46BDE58D-0398-446MFE3.4A68CB769BO7
I tl,7-2-�26
Brad Richy [date]
IOEM Director
for
ssP
Docusign Envelope ID:AC4F8FF5-57F7-40E3-8838-669426DA7FB7
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 PrinciRIgs, Representations.
and Certifications
I. Recipients must complete either the Office of Management and Budget (OMB)
Standard Form 424E 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. Genegal AcknowledggmentsRecipients
the applicable ppas of the Uniform Administratove Requirements. Cost
Principles_ and Audit Requirements for Federal Awards in effect as of thg_
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
Docusign Envelope ID:AC4F8FF5-57F7-40E3-8838-669426DA7FB7
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.
I. AcknowledgeMent of Federal Funding from D149
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.
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. AWgricans
Recipients must comply with the requirements of Titles T, 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. i n t i
Recipients who collect personally identifiable information (PIT) 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. A I
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 ❑rigin, 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 Rig s A t 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
Docusign Envelope ID:AC4F8FF5-57F7-40E3-8838-669426DA7FB7
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. 12ebarment 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 Workplagg 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.
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 ❑r 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.
X111. E.O. 14074 Advancing EMetive- Accountable P icing aLId Criminal Justm!;c Practices
-
to Enh
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, ❑r 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 Conservatioa Act
Recipients must comply with the requirements of the Energy Policy and Conservation Act,
Docusign Envelope ID:AC4F8FF5-57F7-40E3-8838-669426DA7FB7
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 roust 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. Fede-ral Leadership on Rgducing Text kAgssaging 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.Q. 13513.
KVIII. Fly Ameripa 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,
t r . i i r 'i t - - 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 ❑ecision B-138942.
XIX_ Hotel and Mgtgl Fire Safety A_ct 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 ❑f the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. § 2225a.
XX. John S_ McCain National Defense Authorization Acl—of Fiscal YeaX 2012
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 ❑r expending
federal award funds on certain telecommunications and video surveillance products and
contracting with certain entities for national security reasons.
XXI-LiMild English —Act of 1964,
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.
Docusign Envelope ID:AC4F8FF5-57F7-40E3-8838-669426DA7FB7
XXII. Lobbying 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 t❑ 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
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. i
Recipients ❑f 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.
KXVI.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 ❑f the
inconsistency. The remainder of that condition and all other conditions set forth in the
NOFO shall remain in effect.
'.XVII. PatenJ5 and Intellectual Pigl2erty Righis
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 Rerovered Materials
States, political subdivisions of states, and their contractors must comply with Section 6002
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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 tQ Recipient grimy i1nd 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.
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."uired Use of American Iron, Steel, Manufactured ProduC� 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.
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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.
Y.XIV. Terrorist
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.
AXV.,Trafficking Victims Protection Act of 2Q00 tTVPA1
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.
KXVI. 11niversal Identifier and System of AW_ard ManageMent
Recipients are required to comply with the requirements set forth in the
government-wide financial assistance award term regarding the System for Award
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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.
KVIII.Use of DNS Sea, Logo and Flays
Recipients must obtain written permission from DHS prior to using the DNS seals,
logos, crests, or reproductions of flags, or likenesses of DNS agency officials. This
includes use of DNS component (e.g., FEMA, CISA, etc.) seals, logos, crests, or
reproductions of flags, or likenesses of component officials.
KXIX. Whistle blower Prot-c-ction Act
Recipients must comply with the statutory requirements for whistleblower
protections at 10 U.S.0 § 470141 U.S.C. § 4712.
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_uuoil D
SHSP 5ubaward 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 J Health& Social Services
Assessment Safer
Forensics& Access Control& Threats&Hazards Fatality Management Housing
Attribution Identity Verification Identification Services
Natural&
C rsecuri Fire Management& Cultural
ty Suppression Resources
Physical Protective Logistics&Supply
Measures Chain Management
Risk Management far
Protection Programs Mass Care Services
&Activities
Supply Chain Integrity Mess Search&Rescue
&Security Operations
On-Scene Security,
Protection&Law
Enforcement
Operational
Communications
Public health, Healthcare
&Emergency Medical
Ser.1ces
Situational Assessment
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July 12,2024