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Subgrant Agreement with Ada County for Homeland Security Grant ProgramAGREEMENT NO. 10668 SUBGRANT AGREEMENT THIS SUBGRANT AGREEMENT ("the Agreement" ) is made and entered into this 15th day of April, 2014, by and between Ada County, a duly formed and existing County pursuant to the laws and Constitution of the State of Idaho, as a subgrantee of the Idaho Bureau of Homeland Security, ("County") and City of Meridian ("Subawardee"). WITNESSETH: WHEREAS, County is authorized and required by Idaho Code § 46-1009 to maintain a County wide disaster preparedness agency; WHEREAS, in furtherance of those duties County has received grant # 2011 and 2012 Homeland Security Grant Pro am fflSGP) grant from the Idaho Bureau of Homeland Security (the "Bureau") 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, Subawardee 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 Subawardee agree that subgrant funding and distribution will be based on building or sustaining high priority regional core capabilities that address prioritized threats, hazards, vulnerabilities, and/or risks. Subawardee shall allow use of grant purchased equipment in support of emergency management functions, consistent with existing mutual aid or resource sharing agreements, for any local government member of Ada City County Emergency Management ("ACCEM") or their various public or private sector partners with emergency management missions. 2. APPLICATION. County agrees to authorize Subawardee to apply for subgrant funding to build or sustain regional core capabilities to include planning, training, exercises, and equipment. Subawardee shall utilize the Ada County Grant Project Application (GPA) form, as provided by County, and Subawardeee will include core capability targets (measurable objectives) for each request. All completed GPAs will be submitted to Ada County Emergency Management. The Director will review GPA for completeness and forward to the Board for consideration. 3. COMPLIANCE WITH TERMS OF GRANT. Subawardeee shall comply with the terms of Exhibit A for so long as Subawardee 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, 2014. This agreement may be renewed for three additional one fiscal year terms by a mutually executed writing. S. DEFAULT. Upon default, the County or Subawardee may cancel this Agreement without any notice and may pursue any and all legal, equitable, and other available remedies. Default occurs if the County or Subawardee fails to perform any of the covenants, conditions, or services of this Agreement and such defects in performance are not cured within ten (10) working days after receipt of written notice of default. 6. INDEPENDENT CONTRACTOR STATUS. It is understood and agreed that the relationship between the County and the Subawardee hereby created is that of an independent contractor, and this agreement is not deemed one for employment of Subawardee 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 Subawardee. 7. STATUS REPORT. Subawardee agrees to keep County informed of Subawadee's progress against the core capability targets throughout the term of this Agreement in a manner and at such times as both Subawardee and County shall agree. SUBGRANT AGREEMENT — Page 2 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. Subawardee 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 theg rant performance period end date. These records shall be available for and subject to inspection, Pe 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 that payments to the Subawardee do not meet the applicable federal regulations or state rules, the Subawardee shall return or refund and pay to the Grantee any Equipment acquired or training provided, plus costs, including audit costs, arising from the Subawardee's ineligible or improper receipt or use of federal funds, and the County must refund such payments to the applicable funding agency. 11. NOTICES. If notice shall be required under any terms of this Agreement, notice shall be sent by certified mail to: Ada County (County) 200 W Front Street Boise ID 83 702 City of Meridian (Subawardee) 33 East Broadway Avenue Meridian, ID 83 642 12. LOBBYING. The Subawardee hereby certifies that none of the compensation under this Agreement has been paid or will be paid by or on behalf of the Subawardee to any person for influencing or attempting to influence an officer or employee of any governmental agency, a member, officer or employee of Congress or the Idaho Legislature in connection with SUB GRANT AGREEMENT — Page 3 the awarding, continuation, renewal, amendment, or modification of any contract, grant, loan, or cooperative agreement. If any funds, other than funds provided by this Agreement, have been paid or will be paid by Subawardee to any person for influencing or attempting to influence an officer or employee of any governmental agency, a member, officer or employee of Congress or the Idaho Legislature in connection with this Agreement, the Subawardee shall complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions, and submit a copy of such form to the County. 13. SINGLE AUDIT ACT. Subawardee agrees to comply with the provisions of OMB Circular A-133 which sets forth audit requirements of states, local governments, and non- profit organizations. 14. 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 parties. 15. USE, MANAGEMENT, AND DISPOSITION OF PROPERTY PURCHASED UNDER THIS AGREEMENT. The Subawardee hereby agrees to comply with the terms of Exhibit A and these regulations regarding use, management, and disposal of Property purchased under this Agreement: a. Definitions: i. "Equipment" shall be defined as generally, an article of non - expendable, tangible personal property having a useful life of more than one year and an acquisition cost of $5,000 or more per unit. Equipment is not a replacement part or component which returns a piece of Equipment to its original condition. If, however, a component increases the capability of the original Equipment and has an acquisition cost of $5,000 or more, it is considered Equipment. ii. "Property" shall be defined as generally, an article of non - expendable, tangible personal property, and includes, but is not limited to, Equipment. SUBGRANT AGREEMENT — Page 4 iii. "Supplies" shall be defined as generally, expendable non -capital items such as paper, ink, toner, gauze, steri-strips, antibacterial wash, and so on. b. Use. i. Property and Supplies shall be used 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 Federal funds. il. Property and Supplies may be made available for use on other projects or programs currently or previously supported by the Federal Government, providing such use will not interfere with the work on the projects or program for which it was originally acquired. First preference for other use shall be given to other programs or projects supported by the Federal Government. iii. Subawardee must not use Property or Supplies acquired under this agreement to provide services for a fee to compete unfairly with private companies that provide equivalent services. iv. Subawardee may use Equipment as a trade-in, or sell Equipment and use the proceeds to offset the cost of the replacement Equipment. 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 Subawardee shall return to County all Property and Supplies purchased with grant funds. c. Property Management Requirements. Procedures for managing Property will, at a minimum, meet the following requirements: i. Property records must be maintained that include a description of the Property, a serial number or other identification number, the source of Property, who holds title, the acquisition date, and cost of the Property, percentage of Federal participation (i.e. from funds provided under this agreement) in the cost of the Property, the location, use and condition of the Property, and any ultimate disposition data including the date of SUBGRANT AGREEMENT — Page 5 disposal and sale p Property. rice of the Pro ert . Property inventory reports tracking tem of Property each iert acquired with grant funds continue to the end of the life cycle of each property item. 11. A physical Equipment 1 inventor of all E ment purchased in total or in part with p ant funds must be taken and the results reconciled with the property records at not less than once every two years. County will distribute to Subawardee a copy of its last property report for Subawardee'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 g Y g 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 all Property acquired with grant funds. Any loss, damage, or theft shall be investigated. iv. Adequate maintenance procedures must be developed to keep Property in good condition. At all times relevant herein, Subawardee shall be responsible for maintaining Property in good and operating condition. p g P v. If Subawardee sells the Property, proper sales procedures must be established to ensure the highest possible return. vi. 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. Subawardee shall comply with all reasonable audit requests of the Director of the Ada County Emergency Management Department. d. Disposition. When original or replacement Property or Supplies acquired under this agreement is no longer needed for the original project or program or for other activities currently or previously supported by a Federal agency, disposition of the Property shall be made as follows: SUBGRANT AGREEMENT — Page 6 i. Items of Property with a then current per-unit fair market value of y less than $5,000 may be retained, sold or otherwise disposed of with no further obligation to the County. 11• •. Items of Propertywith a then current per unit fair market value in excess of $5, may be retained or sold and the County shall have Y arg right to an amount calculated by multiplying the current market value or proceeds from sale by the County's funded share of the equipment. [Example: A generator purchased under this agreement is no longer needed for the original purpose. It has a current fair market value 0f$ 12, 000. The Subawardee paid $22,000 for the equipment and received $18,000 from the County through this grant. The Subawardee wishes to sell the Upon equipment. U n sale at $12,000, the Subawardee would reimburse the County $9,800 (82% of the purchase price was paid for by the County with federal grant funds).] The County will forward all funds received from Subawardee as a result of equipment sale or other disposition back to the awarding agency. e. Supplies. i. Management: The Subawardee shall keep track of supplies on the property inventory by description, quantity, date of purchase, and p Y location. ii. Disposition: If there is a residual inventory of unused Supplies exceeding $5,000 in total aggregate fair market value upon termination or completion of this Agreement, and if the supplies are not needed for any other federally sponsored programs or projects, the Subawardee shall compensate the County for its share, as calculated in D.(2) above. 16. INDEMNIFICATION. Subawardee shall defend, indemnify, and hold the County, its officers agents, and employees harmless for all claims, losses, actions, damages, judgments, costs expenses, and/or in'uries to persons or property arising out of or in connection with any p � J activities acts, or omissions of Subgrantee, its officers, agents or employees. In the event SUBGRANT AGREEMENT — Page 7 activities acts, or omissions of Subawardee, its Count is alleged to be liable on account of any County officers, agents or employees, then Subawarde e shall defend such allegations through counsel chosen by County and Subawardee shall bear all costs, fees, and expenses of such defense, • fees and expenses, court costs, and expert witness fees including, but not limited to, all attorney P and expenses. 17. CHOICE OF LAW. gr • This Agreement and its performance shall be construed in • b the laws of the State of Idaho, with venue for any action accordance with and governed y gr brought pursuant to this Agreement to be in the Fourth Judicial District, State of Idaho 18. THIRD PARTY BENEFICIARIES: Nothing contained herein shall create any relationship, nshi contractual or otherwise, with, or any rights in favor of, any third party. SUBGRANT AGREEMENT — Page 8 DATED the day and year first above written. Board of Ada County Commissioners ABSENT David L. Case, Commissioner By: Ji Tibbs, Commissioner By: Rick Yzaguirre, ommissioner ATTEST: G Christopher D. Rich, Ada County Clerk (Subawardee) 0 STATE OF IDAHO ) ss. County of Ada ) 41, SUBSCRIBED AND SWORN to before me this 101. Q�,,-'day ofa,�,i,� SUBGRANT AGREEMENT — Page 9 1 No ary Public fo Idaho, Commission Expires �rw " Idaho Bureau of Htmetand Security Sub Grant Award Continuation. Sh set Page 2 of 6 t Pe or ce GA: lot wd DarOW W 1/20 12 � Award mumbers *MWW_- A - SPECIAL arS Article I — Summary Description of Project role In the Implementation of The FY 2012 Homeland Security Grant Program (HSGP) funding plays an important ting the development and sustainment of core capabilities to fulfill PresidentialPolicy Directive --PPD-suppor ll - 8 (8) by the National Preparedness Goal (NGP). HSGP funding shall be used for costs related to the planning, organization, equipment, training and exercise needs that prevent, protect against., mitigate, respond to and recover from acts of terrorism and other catastrophic events, Article II — Fusion Center Investment A program hold Is placed on (Investment #2) and the grantee Is prohibited from obligating, expending or drawI ng down (program) funds In the amount of ($55.,901) In support of their state and/or major urban area fusion center. In order to release this hold., the grantee Is required to submit the supplemental Fusion Center Investment Justification Addendum as required by the FY 2012 HSGP Funding Opportunity Announcement (FOA). Please contact your FEMA GPD Headquarters Program Analyst to receive a copy of this -addendum and to receive further guidance on the steps required to release this hold. Article III - Administrative Requirements The administrative requirements that apply to most DHS award recipients through a grant or cooperative agreement arise from two sources: Office of Management and Budget (OMB) Circular A-102., Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments (also known as the A-102 Common Rule), found under DHS regulations at Title 44, Code of Federal Regulations (CFR) Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, OMB Circular A-110, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non -Profit Organizations, relocated to 2 CFR Part 2,15. The requireM ents for allowable costs cost principles are contained in the A-102 common Rule, OMB Circular A-110 (2 CFR § 215.127)., DHS program legislation, Federal awarding agency regulations and the terms and conditions of the award, The four costs principles circulars are as follows: OMB Circular A-21, Cost Principles for Educational Institutions,, relocated to 2 CFR Part 220. OMB Circular A-87 Cost Principles for State., Local and Indian Tribal Governments,, relocated to 2 CFP Part 22. OMB Circular A-122, Cost Principles for Non -Profit Organizations., relocated to 2 CFR Part 230. OMB Circular A-133, Audits of States, Local Governments and Non Profit Organizations. Article IV DHS Specific Acknowledgements and Assurances All recipients of financial assistance must acknowledge and agree and require any subrecipients, contractors, successors, transferees and assignees 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 review or compliant investigation conducted by DHS. 2. Recipients must give DHS access to and the right to examine and copy records, accounts and other documents and sources of Information related to the grant and permit access to facilities, personnel and other Individuals and Information as may be necessary, as required by DHS regulations and other applicable laws or program guidance. 3. Recipients must submit timely,, complete and accurate reports to the appropriate officials and maintain appropriate backup documentation to support the reports. 4. Recipients 111ust comply with all other special reporting, data collection and evaluation requirements as prescribed by law or detailed in program guidance. 5. If, during the past three years,, the recipient has been accused of discrimination on the grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion or familial status, the recipient must provide a list of all such proceedings, pending or completed, Including outcome and copies of settlement agreements to the awarding office and the DHS Office of Civil Rights and Civil Liberties. 6. In the event any court or administrative agency makes a finding of discrimination on grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion or familial status against the recipient or the recipient settles a case or matter alleging such discrimination, recipients must forward a copy of the complaint and findings to the DHS component and/or awarding office., The United States has the riqht to seek judicial enforcement of these obligations. S 1 1 t ' Naha Bureau of Hometand Security Sub Grant Award COMIMatitn Sheet Raga 3 of 6 gm"* ftif KM Want s . w• . � Award ®avers 9/11202 Article v - Lobbying Prohibitions None of the funds provided under an award may be expended by the recipient to pay any person to Influence, or attempt to Influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, car an employee of a Member of Congress In connection with any federal action concerning the award or renewal of any Federal contract, grant, loan, cooperative agreement. These lobbying prohibitions can be found at 31 U.S.0 § 1352. Article v — Acknowledgementof Federal Funding from DHS All recipients of financial assistance will comply with requirements to acknowledge Federal funding when Issuing statements, press releases, request for proposals, bid Invitations and other documents describing projects or programs funded In whole or in part with Federal funds. Article VII — Copyright All recipients of financial assistance will comply with requirements that publications or other exercise of copyright for any work first produced under Federal financial assistance awards hereto related unless the work includes any Information that is otherwise controlled by the Government (e:g., classified Information or other information subject to national security or export control laws or regulations). For any scientific, technical or other copyright work based on or containing data first produced under this award, Including those works published in academic, technical or professional journals, symposia proceedings, or similar works, the recipient grants the Government a royalty -free, non-exclusive and irrevocable license to reproduce, display, distribute copies, perforin, disseminate, or prepare derivative works and to authorize others to do so, for Government purposes in all such copyrighted works. The recipient shall affix the applicable copyright notices of 17 U,S.0 § 401 or 402 and an acknowledgement of Government sponsorship including award number) to any work first produced under an award. Article VIII - Use of DHS Seal,, Logo and Flags All recipients of financial assistance must obtain DHS"s approval prior to using the DFI seals(s), logos, crestsor reproductions of flags or likenesses of DIMS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags. or likenesses of Coast Guard officials. Article XX — Activities Conducted Abroad All recipients of financial assistance will comply with the requirements that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits or approvals are -obtained. Article Fly America Act sof 1974 All recipients of financial assistance will comply with the requirements of the Preference for U.S. Flag Air Carriers. `travel supported by U.S. Government Binds requirement, which states preference for the use of U.S. flag air carriers (air carriers holding certificates under 49 U.S.C. § 4110 ) 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 (g U.S.C. § 40118) and the interpretative guidelines Issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B138942. Article X1 — GPD: Drug -Free Wor pla + Regulations All recipients of financial assistance will comply with the requirements of the Drug -Free workplace Act of 1988 .41 U.S.C. § 701 et seq.) which requires that all organizations receiving grants from any Federal agency agree to maintain a drug-free workplace. The recipient must notify the awarding office if an employee of the recipient Is convicted of violating a criminal drug statute. Failure to comply with these requirements may be cause for debarment. These regulations are codified at 44 CFR part 17. t Mahe Bureau of Homeland Security Sub grant Award Continuation Shy Page 4 of 6 Mena:1[fgEMJM- GE lwArd Numbars EMw-20l2-$S1 Award 3�t�t WL/2012 XII - GPD: Trafficking Victims Protection Act of 2000 All recipients ents of financial assistance will comply with the requirements of the government -wide award term which s lection of the TraffiCking Victims Protection Act (TVPA) of 2o0o, as amended (22 U.S.C. § 7104), implement (g� located at 2 CFR Part 175. This Implemented in accordance with OMB Interim Final guidance, federal Register, Volume 72 No. 218, November 13, 2007. In accordance with the statutory requirement, in each agency award under which funding is provided to a private entity, ection 106(g) of the TVPA, as amended, requires the agency to Include a condition that authorizes the agency to terminate the award, without penalty, of the recipient or a subreciP lent - (a) Engages in severe forms of trafficking In persons during the period of time that the award Is In effect; b Procures a commercial sex act during the period of tiara that the award is ire effect; car (c) Vses forced r labor in the performance of the award or subawards under the award. Full text of the award term is provided at CFR 175-15. Article X111 -�- Civil Rights Act of 196 All recipients of financial assistance will comply with the requirements of Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.}, which provides that no person in the United States will, on the grounds of race, color or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. Article XJV - Civil Rights Act of 196 All recipients of financial assistance will comply with the requirements. of Title V1 of the Civil Rights Act of 1968, 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 (42 U.S.C. §3601 et seq.), as Implemented by the Department of Housing and Urban Development at 24 CFR Part loo. 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 CFR § 100.201). Article X — Americans with Disabilities Act of 1990 All recipients of financial assistance will comply with the requirements of Titles I, 11 and III of the Americans with �l� Disabilities Act which prohibitsrecipients from discriminating on the iasis of disability in the operation of public entities public and private transportation systems, places of public accommodation and certain testing entities (4 U.S.C. § 12101-1.2213). Article XVI — Age Discrimination Act of 1975 All recipients of financial assistance will comply with the requirements of the Aga Discrimination Act of 1975 (42 U.S.C. § 6101 et seq.), which prohibits discrimination on the basis of age In any program or activity receiving Federal financial assistance. Article XVII - Title XX of the Education Amendments of 1972 All recipients of financial assistance will comply with the requirements. of Title IX of the Education Amendments of 1972 ( o U.S.C. § 1681 et seq.), which provides that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving Federal financial assistance. These regulations are codified at 44 CFR Part 19. Article X 111 _ Rehabilitation Act of 1973 All recipients of financial assistance will comply with the requirements of Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, as amended, with provides that no otherwise qualified handicapped Individual 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. These requirements pertain to the provision of benefits or services as well as to employment. Ida -ho Bureau of Homeland Secutity Sub grant Award Continuation Short Page 5 of 6 .ernt Lerfornn nGra 1 IA�w�d Dstos �1/20t2 Award ttt�rt_ M• Article XIX - Limited English Proficiency of financial assistance will comply with the requirements of Executive Order, Improving Access to All recipients Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin and resulting Y a enc guidance.. national origin discrimination includes discrimination of the basis of limited English proficiency � (LEP). To ensure compliance with Title VI, recipients must take reasonable steps to unsure the LEP persons have meaningful access to your programs. Meaningful access may entail providing languageassistance services, including oral and written translation where necessary. Recipients are encouraged to consider the need for language services for LEP persons served or encountered bath in developing budgets and in conducting programs and activities. For assistance and Information regarding LEP obligations, go to htt wWw-le 1ggv. Article XX — Animal Welfare Act of 1966 All recipients of financial assistance will comply with the requirements of the Animal welfare Act; as amended (7 U, .C. § et seq.), which requires that minimum standards of care and treatment be provided for vertebrate animals bred for commercial sale, used in research, transported commercially car exhibited to ;the public. Recipients must establish appropriate policies and procedures for the humane care and use of animals. based on the wide for Care and use of Laboratory Animals and comply with the Public health Service Policy and Government Principles Regarding the Care and Use of Animals. Article XXI - Clean Air .Act of 1970 and Clean water Act of 1977 All recipients of financial assistance will comply with the requirements of 42 U.S.C. § 7401 et seq. and Executive Order 1x.7'38, which provides for the protection and enhancement of the quality of the Nations air resources to p romota public health and welfare and for restoring and maintaining the chemical, physical and biological Integrity of the Nation's waters is considered research for other purposes, Article XXII -� Protection of Human Subjects All recipients of financial assistance will comply with the requirements of the Federal regulations at 45 CFR Part 46, which requires that recipients comply with applicable provisions/law for the protection of human subjects for purposes of research. Recipients must also comply with the requirements in DH Management Directive 026-04, Protection of Human Subjects, prior to implementing any work with human subjects. For purposes of 45 CFR Part 46, research means systematic investigation, including research, development, testing and evaluation, designed to develop or contribute to general knowledge. Activities that meet this definition constitute research for purposes of this policy whether or not they are conducted or.supported under a program that is considered research for other purposes, The regulations specify additional protections for research involving human fetuses, pregnant women and neonates (Subpart B), prisoners (Subpart ) and children (Subpart D). The use of autopsy materials is governed by applicable state and local law is not directly regulated by 45 CFR Part 4. Article XXIII - National Environmental Policy Act {NEPA of 1969 :All recipients of financial assistance will comply with the requirements of the National Environmental Policy Act (NEPA), as amended, 42 U.S.C. § 4331 et seg., which establishes national policy goals and procedures to protect and enhance environment, including protection against natural disasters. To comply with NEPA for its grant -supported activities, DHS requires the environmental aspects of construction grants (and certain non -construction projects as specified by the Component and awarding office) to be reviewed and evaluated before final action on the application. Article XXIV - National Flood Insurance Act of 1968 All reciplents of financial assistance will comply with the requirements of Section 1306(c) of the National Flood Insurance Act, as amended, which provides for benefit payments trader the Standard Flood Insurance Policy for demolition or relocation of a structure insured under the Act that is located along the shore of a lake or other body of water and that is certified by an ,appropriate State or local laird use authority to be subject to imminent collapse or subsidence as a result of erosion or undermining caused by waves or currents of eater exceeding anticipated cyclical levels. These regulations are codified at 44 CFR Pa rt63. Idaho Bureau of Hemstand Security Sub Grunt Award Continuation Sheet page 6 of 6 Award *t W1/3413 Article XXV - Coastal Wetlands Planning, Protection and Restoration Act of 1990 A 1 recipients of financial assistance will comply with the requirements of Executive Order 11990, which provides that federal funded construction and improvements minimize the destruction, loss or degradation sof wetlands. The Executive Order provides that, in furtherance. of Section 101(b)(3) of NEPA (42 U.S.C. §433 1(b)( )), Federal agencies, to the extent permitted by lave, must avoid undertaking or assisting with new construction located in wetlands unless the head of the agency finds that there Is no practicable alternative to such construction, and that the proposed action includes all practicable measures to minimize harm to wetlands that may result from such use. In making this finding, the head of the agency may take Into account economic, environ* mental and anther pertinent factors. The public disclosure requirement described above also pertains to early public review of any plans or proposals for new construction In wetlands. This is codified at 44 CFR Part 9. EXHIBIT A �'�1zr� n 1 I �d7- d'3 IDAHO BUREAU OF HOMELAND SECURITY S.V80-GRANT STATE ADMINISTERING ASCE PAGE OF $u C AWARD DOCUMENT 0 on) S HOMELAND SECURITY GRANT PRoGRAMS SUS-GRANT1111 NAM9 AND Avasten (IMMUDING ZIP CODE ) 28 AWARD NWOSIt 41ANCI PIRWO 3* PUPON Ada County EMW-2011-SS#*00018 9/l/2011 - 8/31/2014 7200 Barrister Drive BolselID 83704 4* AwA** DATE 5, CFDA 6* ACTION J T 3, Ze 905-06RANTIE IRS/V*KD01t Noe 826000277 97,067 Award 2011 Homeland Security Grant PtoigraM So PINVtous AWARD Mouiff $0.00 Do ft**RAN Ammi SHSP 10* AnotmT Of vHn AwAsm: $697,629.81 11* PROGRAM ARTA: CCP 12s Amts OVrifts AwAnDt $12l147.27 TOTAL AWARD 11$709$777,08 13, SpeciAL co"OTTIONS The above grant program areas are approved subject to such conditions or limitations as are set forth on the attached page(s) and the signed Memorandum of Understanding (MOU). 44, $1rAywroity A&qw�aM Eft CUNT This project Is supi ported under Consolidated Appropriations Act, 2009 P.L. No. 1 10-329. Reimbursement is made upon receipt of the jurisdiction's Financial Status Reports/Reimbursement Request or on behalf of the jurisdiction for funds per the signed MOU. AGENCY APPROVAL SUB -GRANTEE AccEPTANCE 164 Typto Nme AND TITLE ©r APPRovirm ONS/SAA 17# TyPn NAs4t AM TITLE Of AUT10KIZED ft*GT" OFFICIAL ----- CWPICLU - No Brad Richy, Colonel RIM Irzaguirref--Unairman Director, Idaho Bureau of Homeland Security Ada County BOCC 18, S14flAsruita or APPRome OHS/SAA 0"IcIAL 1 1. $j trema -or AuTimizai) sun -GRANT III 019FICIAL • AAA DATE: SLwemeei% 25,, 2012 DAire: OHS - Awaoptedrd Forin, Revised December 06 opted (tern Federal Form 4OM? 00p ATTEST: Christopher D. Rich, Ada County Clerk- Idaho Bureau of Homeland Security Sub Grant A Hon�etand Secur a ramiAwardontinuattomt Sheet � �• n� � •zox x•�s-oaoie A6REEMENTARTMES Page 2 of 5 Article I — F a al G legnes The subgrant" shall comply with the most recent version of the AdministrativeRequirements, quir+emertts, Cost Principles andAudit Requirements. A non-UclusNe list of regulations commonly applicable to DNS grants are fisted below: A. Adrni%istrative Requirements 1) 44 CFR Part 13, Uniform AdnOnIstrative Requirements for Grants and Cooperative Agreements to oop� Mate and Focal vera menta 2) 2 CFR Part 21S, Uniform Adnvinistrative Requirements for Grants.ami Agreements with institutions of Higher Education, Hospitak and tither Non -Profit Organizations (OMB Circular A- 10) 3) 44 CFR Part 10, Environmental Considerations g. Cost Principles 1) 2 CFR Part 22S, Cost Principles for State, Local and Indian Tribal Governments (OMB Circular A-87 2) 2 CFR Part 220, Cost Prindplies for Educational t oriel institutions (OMB Circular A•21) 3) 2 CFR Part 230, Cost Ptindl es for Non -Profit Organizations EOE Circular A-122) 4) 48 CFR 31.2, Federal AcquMlon Regulations (FAR) Contracts with Convnerdal OrganIzations C. Audit Requirements 1) OMB Circular A•133, Audits of States, Local Governments, and i' owpr9fit rgan�zatlons. ArtkIe 0 — Pr~1on on tMnS Federal Funds The subgrantee understands and agrees that it cannot use any federal fonds, either direct or Ind Wec in support v t �' P� f he enactment, repeal, modification or adoption of any law, regulation wri'tter� approval of F�iFEMA.regulat nor policy, at any level of government without the express prior Artide 1111. .o mpUn" with Progr&m. Gukdance The subgrantee agrees that all allocations and use of funds under this grant w0i he in accordance with the Homeland Security Grant Program (HSGP) guidarKe and application I& Artkle IV _ Federal FWndal Re=ports (SF -42S) w- Required Quaderly The sub#rante.e shah submit the Federal Financial Report (FFR, SF -425) within 30 days of the end of the first fee ral quarter following the initial grant award. The subgrantee shall submit quarterly FFRs thereafter until the grant ends. Reports are due on January A APM 34, surly 30 and October 30. A report must be submitted for every quarter of the period of performance, Including partial calendar quarters, as well as for periods where no grant activity occurs. Future awards and fund drawdowns may be withheld if these reports are delinquent. The final FFR Is clue 90 days after the end date of the Aperformwice period. Article V — Acceptance of Post Award Charges In the event FEMA determines that changes are necessary to the award document after an award has been made, Including changes to period of performance or terms and conditions, recipients will be notified of the charges in writing. Once notification has been made, any subsequent request for funds will Indicate recipient acceptance of the changes to the award. Artide VI . Traffkkft to Persons A. Provisions applicable to a recipient that Is a private entity. 1) You as the recipient, your employees, subrgrantees under this award, and subgrantee employees may not: aj engage in severe forms of trafficking in persons during the period of time that the award Is In effect; b) Procure a. commercial sex act during the period of time that the award is In effect; or c) Use forced labor in the performance of the award or subawards undtr the award. 2) we as the awarding agency may unilaterally terminate this award, without penalty, if a subgrantee that is a private entity: a3 is determined to have violated a prohibition In Paragraph A.1 of this award term* or Idaho Bureau of Homeland Security H me ant Se i EMram rarn Sub Grant Alward Continuation Sheet Page 3 of 5 ftor Awa _ r� Vlf�'-�4i i-S-QOt318 Dates 9 bj Has an employee who Is determined by the agency ofd al authorized to terminate the award to have vitiated a prop ition in paragraph A.1 of this award term throe conduct that Is either. - Associated with performance under this award , knputed to you or the subreciplent use the standards and due Processfor kn Individual to an organization that are provided in � � the conduct of an p GFR part 180, "tai$ Guide es to Agents on Government wide Debarment and Suspension lion-ArOcurement ". CFA Part . �, as Implementedby our agency at 2 B. Provisions appkWe to a subgrantee other than a private entity. We a$ the agar , enc oma award, without � agency Y wnirtera this aterminate penalty, if a subgrantee that is a private entry: 1) is determined to have violated an applicable prohibition I paragraph A.1 of i s award term; or 2) Has an employee who is determined by the agency official authodzed to terminate the award to have violated an applicable prohibition In paragraph A.1 of Ws award terra through conduct that Is dither: a) Associated with performance under this award; or b) imputed to t M. subrrecipient using the standards and due process for 1m puting the educt of an organization that era proWded in 2 CSR art 1 ''B G an indi��ar1 to p Guidelines to Agencies on Government wile Debarment and Suspension (Non -procurement)," as Wvlemented by our agencyst 2 CFB part 30Q0. C. Proms apphca ie to any recipient. 1) You Must inform us immediately of any information you receive from an source site ` In paragraph A.1 of this award term. y a vattt�n► of a prohibition 2) Our right to tannate unilaterally that is described In paragraphA.2 or 8 of � • sects. a) implements section 106(g) of the Tref iCkirog Vet .ms protection Act of 2000 (TVPA), as emended 22 U.S.C. 7104(8)),p and b) 1S In &" Mon to 811 other remedies for nonconV"once that are available to us under th award. 31 You must Include the requirements of paragraph A.1 of this award term In any subawardyou make to a private entity. D. Definitions. For purposes of this award terra: it *Employee* means archer: a1 An lath s! employed by you or a subreciplent who is engaged In the performance of the project or program under this award; or b) Another person engaged in the performance of the project or program under hs award and not compensated by you including, but not limited to, a volunteer or Individual whose services are contributed b third rt as an in -Kind contribution toward cast sharing or matches requirements. Y a party y 2) "Forced labor" means tabor obtained by any of the fallowing methods: the recruitment, ho transportation, prevision, or obtaining of a arson far -labor or n��� , p services, through the use of farce, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. 31 "Private entity" means: a) Any entity other than a State, local government, Indian Tribe, or foreign public entity, as those terms are defined in 2 CFR 175.250 b) includes: 11 A nonprofit organization, including any nonprofit institution of higher education hospital, or tribal organization other than one included in the definition of Indian Tribe at 2 Cfit 177.2 b1. 1 A for-profit organization. 41 "Severe forms of truing in persons "commercial sex act", and "coercion" have the meanings given at section 103 of the TVPA, as amended (22 U.S.C. 71021= Article VH -- Class#fied Security Condition A. "Classified national security information", as defined I Executive Order(EO)amended, 29S8 as mended, m -sans information that has been determined pursuant to EO 12958 or any predecessor order to require protection against unauthorized disclosure and is marked to Indicate its classified status when in documentary form. Idaho Bureau of "orneland Security -Homeland Securifv Grnnf Prr rov-ft A Awfrd N9mbon EMVy�1-10 Sub Grant Award Continuation Sheet d� _ Award Dater 9 Page 4 of 5 B. No funding under this award shall be used to support a contract, �subavrard, or other agreement ment for goody Or servicesth8t will include access to Cis:Biled national security Information If the award recent has .not men approved for and has access to such Information. C. Where an award recent has been approved for and has access to classified net aion Se under this_award. shad be usedsed o s � ort a contras curity Information, no funding upp t, subaward, or other agreement for goods or services that will Include access to classified nations security information the contractor, subgrantee, rtes or other entity wfthout prior written approval from the DHS Office of Security, industrial Security Program Branch �ISPB or, an a with the feral partrnent or en with � � �. � appropriate ef�tial agency horn the classified effort w be performed. D. Such contracts, subawards, or other agreements shall be processed and administered ind actor arae with the Ws Standard Orating procedures, Classified Contracting by States and Local Enters," d ,13968, as arraended; the National Industrial Security �y i, . �, EC�s ��gZ�, 22�Sg Security program Operating MOM&[ (NISPOK' and/or anther applicable implementing directives or Instructions. All security re . u reent doc q ents ere mated at: btti):ILw�wyv..dh,s�-Rov/xoDnblz&rantsLLnde xshtni E. Immediately upon determination by the award recipient that funder under this award will be used to s contract, subawerd, or other agreement, and prior to execution or such a �y actions to facilitate the acquisition such a contract, subaward, or other agreement, the award recipient shall contact KPBor the a Faders! agency, for approval and processing Instructions, department or DHS Office of Security ISPS contact Information: Telephone: 202-447-5346 B Ental#:DD254AdmirdstrotiveSecurity@dhs.gov Mail: Department of homeland Security Office of the Chi security officer ATTN: ASDAndustrial security Program Branch Washington, D.C. 20528 Arty VVI -- Central Contractor Registration and UnWersal tdentfer Requirements A. Requirement for Central Contractor Registration (CCR) Unless you are exempted from this requirement under 2 CFR 2S.110, you as the rantee must of your Information in the CCR until u u �' lain the currency you submit the final financial report required under this award or receive the final payment, whichever Is later. This requires that applicants and recipients review and update the information at least pnnuW after the initial registration, and more frequently if required by changes your Information or another award terra. B. Requirement for Data Unwersafl Numbering System (DUNS) Numbers if redpients are authorized to make subawards under this award, they: 1) Must notify potential subrgrantee that no entity may -receive a subaward from you unless the entity! DUNS number to you. s provided wfdded its 2) May not make a subaward to an entity unless the entity hasrovided its DUNS number niter to you. C. Definitions For purposes of this award terra: 1) Central Contractor Registration (CCR) means the Federal repository ryinto which an entity must provide Information require for the conduct of business as a recipient. Additional information about registration procedures may be found at the CCR Internet sate currently at htt WW &cr, oar . y 2) Data Universal Numbering System (DUNS) number means the nine digit number established and assigned b a and Bradstreet, INC. (t e) to uniquely Identifybusiness entities. A fr y un DUNS t�r►ay be obtained from D&B by telephone currently $66-70S-5711) or the Internet (currently at htt fed ov.dnb.corn v eblotnt). Idaho bureau of Homeland security too ur . Grant Pro r m: dub Grant Award Continuation sheet Page 5 of 5 AwardKHMOrt W.-2011- ,Qfl18 D� its 2/1/ O i Y S) Entity, as it is used in this award term,, means 0 of the Wowing as defined at 2 CFR part 25, subpart C: a) A governmental organization, which Is a state, local government or Indian tribe; bj A form public entity, c) A domestic or foreign nonprofit organization; dj A domestic or foreign for1roffit organization; and e) A federal agency, but only as a subgrantee under an award or subawVard to a non-federal ederal .entity. 4) Sobaward: aj This term means a legal instrument to provide support for theerfortnce p of any portion of the substantive KO ect or programa for which you received this award and that you as the redpknt award to an eligible subgrantee, b) The term does not Include your procurement ofro - r end pprogram.P Pe h► s ervices ceded to carry out the project or C A su baward may be proved through any mal agreement Including enreemn - n ag ant that YouYouevnsider a contract. s) Subgrantee means any entity that: aj Receives an subaward under this award; WW b) is accountable for the use of the federal fonds proved by the subaward. Arty IX — Summary ofco: t n of protect The FY 2011 Homeland Security Grant Program (:iGGP) funding shall be used hsr costs related to i�mpt�enntl the Stara l�otnelan�# Security Strategy,an re t preparedness activities associated y spect a Urban Area Security Strategies, and the Investments idantI*d duringthe OPPlIcation period, The HSGP consists of the State.Hometand SecurityProgram � rrt (StfifiSP) and Citizen corps Programs (CCP). Together these programs provide an integrated mechanism to enhance the coordination of that#ortal Pry respond to and mmover from terrorist attacks, r disasters other urgenciesy its to prevent... Article X -- Natioald Env mai W Policy Act (NEPA) The subgrantee shad comply with all applicable federal.. Mete and local environment and historice and shad provide any Information requested by FEMA to ensure compliance �' servation (EHP) requirements pence nth applicable laves includ: NatimW Environ,mer4al Policy Act, Natio Historic Preservation Act, Endangered Species Act and Execute Orders on F1loodplainS (1198-8), wetlands (11990),, and Environmental Justice (12898). Failure of the subgrantee to meet fodtral state and local ENP requirements and obtain app ca a permitsmay jeopardize federal funding. Subgrantee Shall not undertake any project having the potential to impact EMP resources without the prior approval of FEMA, aiding but not Wted to communications towers, physical security enhance nts, new construction and modifications to buildings that are SQ years old oreaer. Subgrantee trust comply with all conditions placed on the project as the result of the FRP revi �t - ew. Any ehas to the approved Project scope of work wfll require re-evaluation for compliance with these EHP requirements. Ifround oisturba S rye activities. occur during project Implementation, the subgrantee must ensure monitoring of ground disturbance and if an resources are discovered, the subgrantee will immediate y potential archeological cease construction that area and notify FEMA and the appropriate Mata Historic Preservation Office. Any construction activities that have been Initiated prior to the full erwironmental and historic preservation review could result In a non=compliance finding, for these types of projects, subgrantees roust complete � lete the FEMA EHP Screening Form (OMB number 1660-0115/FEMA Form 024-0-01) and submit it along with all supporting documentation to the GPD EHP team. at GPDE _ Pirnfo ferna.goy for review. (The Screening Forty is available at. ffw—Jernia,. oy/doc oyernment r nt o.ulietirt inf 3 final ageeningrnemo.doc.) Subgrantees should submit the F ScreeningForm for each project as soon as FEMA EHP p � possible upon receiving their grant award. AGREF.",M]ENTNO.. �G� `� U MEMORANDUM OF UNDERSTANDING BETWEEN THE STATE of IDAHO, BUREAU OF HOMELAND SECURITY AND ADA COUNTY REGARDING STATE USE OF 2011 STATE HOMELAND SECURITY GRANT P ROGRAIVI FUNDING ON BEHALF OF ADA COUNTY 1, PARTES, The parties to this Agreement are the State of Idaho, Bureau of Homeland Securityand ADA A County referred to as subgrantee. 2, AUTHORITY, This agreement is authorized under the provisions of Idaho Statute: TITLE 4 CHAPTER 10. r !1 3. PURPOSE. The purpose of this Agreement is to set forth terms by which the Idaho Bureau of Homeland Security shall expend Homeland Security Grant Program (HSGP) funds on behalf of the subgrantee. On September 1, 2012, the United States Department of Homeland SecurityIssued grant number EMW-2011-S5-00018 to the State of I Idaho. Under this grant, the State of Idaho, Bureau of Homeland Security must allocate grant funding to local jurisdictions. Under this, rant the 8 subgrantee may authorize the Idaho Bureau of Homeland Security to make equipmentp urchases and program execution; provided that the subgrantee and the Idaho Bureau of Homeland Security enter into an agreement on the matter. 4. RESPONSIBILITIES., A. Idaho Bureau of Homeland Security: Will provide fund management and make equipment purchases for the period of this award and any extensions. These amounts are outlined in Section C of this Agreement. B. Subgrantee: The duly authorized official has read and understands the 2011 Homeland Security Grant Program description and application from the Idaho Bureau of Homeland Security. As the authorized representative, he or she hereby authorizes the Idaho Bureau of Homeland Security to expend 2421 Homeland Security Grant Program funds for allowable equipment purchases ` and program execution: In support of the subgrantee. C. Shared Cost Program Amounts. Training & Exercise $0.00 Page 1 of 2 S. APP*ovm OmaAL. bM lj,%MM Of dWRANDUCURITY Bill Shawver, Director 4040 Guard Street, Bidg. 600 Boise, W $370.5 Phone: (208) 422-3040 Fax: (206) 422-30 44 Rick Yzaquirre, Chairman Ada Board of county commisskwwrs 200 W, Front Street Wse., 10 $3702 6, OTHM PROVismus, Nothing In this Agreement Is intended to conflict with current laws or regulations of the State of Idaho or any subgrant Jurisdiction, if a term of this agreement is Inconsistent with such authority,, then the term shall be invalid., but the remaining terms and conditkmT s of this agreement shall remain In full force and effect, 7. Emcm DATE. The terms of this agreement will become effective upon sig" by the parties. S. MOMICAnoti. This agreement may oe modified upon the mutual wrkten consent cif the parties. 9, Tr**WNATKK The terms of this agreement In Its original form, or If modified w4th the consent of both parties, will remain In effect until the end of the grant.. Either party upon 30 days written notice to the other may terminate this agreement. APf%OWCLgy*il 14 4A , 4 Ow"MIMM (Y Rkk Yzaquirie-V chairman Ads board of County Commissioners Data ATTEST: Christopher D. Rich, Ada County Clerk 4 NOW" Brod Richy,, Colonel Director Idaho Bureau of Homeland Security Page 2 of 2 SeDtembgr 25. Date w • EXHIBIT B rZational Prieparedness Goal Core Capabilities Overview Core capabilities are essential for the execution of each of the five mission areas: Prevention, Protection, Mitigation, Response, and Recovery (see Table 1). To assess both our capacity and our gaps, each core capability includes capability targets for which measures will be developed. The 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. Table 1: Core Capabilities by Mission Area 3 Planning, Public Information and Warning, and Operational Coordination are core capabilities common to all mission areas. �2 Prevention Protection Mitigation Recovery Planning Public Information and Warning Operational Coordination Forensics and Access Control Community Critical Economic Attribution and Identity Resilience Transportation Recovery Intelligence and Verification Long-term Environmental Health and Social Information Cybersecurity Vulnerability Response/Health Services Sharing Intelligence and Reduction and Safety Housing Interdiction and Information Risk and Disaster Fatality Infrastructure Disruption Sharing Resilience Management g Systems Screening, Search, Interdiction and Assessment Services and Detection Disruption Threats and Infrastructure Natural and Cultural Resources Physical Hazard Systems Y Protective Identification Mass Care Measures Services Risk Management Mass Search and for Protection Rescue Operations Programs and On -scene Security y and Protection Screening, Operational p Search, and Detection Communications Supply Chain Public and Private Integrity and Services and Security Resources Public Health and Medical Services Situational Assessment 3 Planning, Public Information and Warning, and Operational Coordination are core capabilities common to all mission areas. �2