Loading...
Amendment to Subgrant Agmt with ACHD for Homeland Security Grant NO. Ijq AGREEMENT N • AMENDMENT TO SUBGRANT AGREEMENT COUNTY AND CITY OF MERIDIAN BETWEEN ADA 11Pri. t is made and entered into on this da , THIS AMENDMENT y of May, 2014, by . and between Ada County, a dulyformed and existing County pursuant to the laws and • the State of Idaho, as subgrantee of of the Idaho Bureau of Homeland Security("County") and City of Meridian ("Subawardee"). WITNESSETH WHEREAS, County and Subawardee entered into Agreement No. 10668 on April 1.. 15, 2014, for the purpose of building and sustaining regional core emergency capabilities while ensuringcompliancewith state and federal grant management requirements (hereinafter "Agreement"); WHEREAS, the Agreement references the 2011 and 2012 Homeland Security Grant Program (HSGP) grants from the Idaho Bureau of Homeland Security, which grant awards were attached to the Agreement and were the source of funds ultimately provided to the Subawardee; WHEREAS, County and Subawardee recognize that 2013 HSGP grant funds are also available to Subawardee; NOW, THEREFORE, thep arties agree that the County has received a 2013 HSGPg rant, which is available for the purposes set forth in the Agreement, a copy of • • attached hereto as Exhibit A. The parties further agree that this which grant is AMENDMENT TO SUBGRANT GRANT AGREEMENT BETWEEN ADA COUNTY AND CITY OF MERIDIAN—PAGE 1 n;\emergency mgmt\amendment to meridian subgrant.docx • 16 of the Agreement to strike the reference to Amendment corrects Article g "subgrantee" and replace it with "subawardee." IN WITNESS WHEREOF, the parties have executed this Amendment on the date andy ear written above. . t t t t Board of Ada County Commissioners _,1. IVT. L. Case, Commissioner 4.11 ) : By• ~-• � I t‘el Tibbs, Commissioner t Ciiii • By: Rick Yzagui Co issioner i . ATTEST: I... I Christopher D. Rich,Ada County Clerk by Phil McGrane,Chef Deputy i 1 • i. i 1 It 1 AMENDMENT TO SUB GRANT AGREEMENT BETWEEN ADA COUNTY AND CITY OF MERIDIAN--PAGE 2 i. n:\emergency mgmt\amendment to meridian subgrant.docx 1: la t • (Subawardee) By: . i Title Me14tv • • STATE OF IDAHO ) ) ss. County of Ada ) SUBSCRIBED AND SWORN to before me this I day of a.)it.3 2014. • **CA AlkArk,of,0 .� a 41 o s 'ublic for Idaho • ,� � Comml sion Expires r\ I - Doao % P PUBV • AMENDMENT TO SUB G RANT AGREEMENT BETWEEN ADA COUNTY AND CITY OF MERIDIAN--PAGE 3 n:\emergency mgmt\amendment to meridian subgrant.docx • i (:. • I .. • • 1 4, [ JO 'r:,--.).) e - . _ _ . .• __ __ .. .,(44 .., . - D,,„6 BUREAU OP 1-101 f.AlrD. Ctiffi1YS • k .<',s_, s. SIAL m•A 1xNXSTEtt1N•G A 3II itY Ad151 OP 6 - %,�" �•4. AWAR DOCUMENT '.. 44;y*" HOMI LAND ri.fCu3.UUy•4aArc P4 Qg1tAMS • ►U4:tRNYO NAM AMS-/ 7DR09$ xNlt1pN0=ZxFCOAL) .AWARS Nu utt 3.PeRPORMANCGFLRxan _ Ada Cbunt .IMW o11M$ -0149 9t1/ q•1 a•to 711i/20i 5 .. 1200 Ji O L `%t ac t QiSt, ID 03''lf g • _ 4,.•AWARD DAtf• •0. CFDA .. 6.ACTxo.N • 7. Su13 3RANTga IF /V u.POR NoS 1484911 .0.907 , w rd • 826000277 , 2013 hcai eInt-d Security t~{thnf.t rogtarti a.•Pn13u•au6.AWARD•AMOUNT: $0,06 ..9, PROGRAM ARUMSHS ' 10. 4.04611NT oP•irHxs AWARDt $470,05:75 75 TOTAL vWARD $470,4A5;78 • 11.. SIr4C1f4L CONE ZIIQN$ • • Tho,above grant project f5,a1)ptoVtid scabjeat:to'auoh conditions,or.lirnitatlofl as.aro.sot.forth on the following . pores of itils dooulnent mr d lA the(4.ener tl hrnag,and Qoridition's scir►t with the=:original award or as . amended. • 12. b•0RAL AAaNCY. UtHOR12(No•THIe AWAti.D The Department:of Homeland Security Oilice.of,}3tato ancl.Local Gciverniriarn•Qoarziirtatian and. .Prbparednose, ' 13. METHOD of PAYMENT • • • . • • • RelmlAireement It macro upon rc aoipt of tho jiriediotion'e l-1ianalol$tatul Elepaftg/Rein taur.s m9ot Recluac•t, F . iAONCY•APPROVAL SUIP.GhAffille ACCnPTANCn AAP �..- 11MtNi�.Ts.���AurH R o. 'u©�G ,NT �O�PxC s' � Px N , 14. NANO AND TrriaOtt AAP.ROVxN.g n .1 A,, .�-.l--G 114 _Brad MichY,Colo7e.l I Wid:L,Owe,C ii ttar • frctgr,Idaho tireauof.1-1m.el4nd Soority. Ada•Ca�i•:it DQCc • i16. SxoNATU#6 OP OpitOVXNct Bu S/S to C}FPYoAL :,7. lot ATURU•OP•AuTHORXZaD SU6-GRANTbIi Qt rxazAI.• "4"--"--" i".. .A. 4' C.2......L.E.2 / '. C"L 0 ; . C KV. :„144/2 • . t .• �Aq� rr 3\13prsNovember 1.6,2U1a .. mu,...a;y j tor,(},ritmAtr-Dowoof 00'..•Asittvitcs 4111 fete+:A fuurl4000'2 001' . (-- '4,—. :11*** " • • ATTEST:: •.•,... �,,.,•) cb. istgpher a Rich,AU County cied( 'w Pbit Mci rrfc;Chief MVO, • • • • EXHIBIT A Idaho Bureau of Homeland Security Sub Grant Award Continuation Sheet Page 2 of 5 S ere enc Mana;ement 'erformance Grant N //word Numbart BNW72Oi4-SS 0149 Award Dabs 8/20/2013 SPECIAL CONDITIONS Article I- Acceptance of Post Award Changes In the event FEMA determines that changes are necessary to the award document after an award has been made, including changes to period of performance or terms and conditions,recipients will be notified of the changes in e writing. Once notification has been made,any subsequent request for funds will indicate recipient acceptance of th changes to the award. Please call the FEMA/GMO Call Center at(866) 977-5646 or via e-mail to ASK-GMDCa dhs,gov if you have any questions. Article XI - Compliance with Funding Opportunity Announcement and use of funds under thisgrant will be in accordance with the Funding • The recipient agrees that all allocationss Opportunity Announcement, Acknowledgements and Assurances Article XIX �- DHS SpocifiG Acknn .� Alire p c ients of financial assistance must acknowledge and agree-and require any sub-recipients,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 complaint investigation conducted by OHS. 2, Recipients must give OHS 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 b DHS and information as may be necessary, as requiredY regulations and other applicable laws or program guidance. 3. Recipients must submit timely, complete, and accurate reports to the appropriate 0HS•officials and maintain appropriate backup documentation to supportthe reports. 4, Recipients must comply withall 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 OHS awarding office and the DHS Office of Civil Rights and Civil Liberties. • t g 6. In the event anycourt 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 OHS Component and/or awarding office, The United States has the right to • seek judicial enforcement of these obligations. Article IV M- Use of 1)115 Seal, Logo and Flags All recipients must obtain OHS's approval prior to using the OHS seal(s),logos,crests or reproductions of flags or likenesses of OHS agency officials, including use of the United States Coast Guard seal,logo,crests or reproductions of flags or likenesses of Coast Guard officials, r � Article V -- USA Patriot Act of 2001 All recipients must comply with the requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act(USA PATRIOT Act), which amends 18 U.S.C. §§ 175-175c, Among other things,the USA PATRIOT Act prescribes criminal penalties for possession of any biological agent,toxin, A 9 or delivery system of a type or In a qu ntit that is not reasonably justified by a prophylactic,protective,bona fide a y research,or other peaceful purpose, • EXHIBIT A • • r • 1 • Idaho 5ursau of Homeland Security Sub Grant Award Continuation Sheet Page 3 of 5 • • Emergency Manajjement Performance Grant . - Award C1atfit 8/28/2n13 • '� r.... Protection Act of 2000 Article VI Trafficking Victims Pr All 1 r p ecl ients of financial assistance will comply with the requirements of the government-wide award term which , Implements Section 106 g)of the Trafficking Victims Protection Act(TVPA)of 2000,as amended (22 U.S.C. § 7104), P t� Inaccordance with OMB Interim Final Guidance, Federal Register, located at 2 CFR Part I.75, This is implemented acc rd Volume 72, No, 218,November 13, 2007, • . E 1 In accordance with the statutory requirement, in each agency award under which funding is provided to a private • . entity,Section 106(g) of the TVPA,as amended, requires the agency to include a condition that authorizes the , agency to terminate the award,without penalty,if the recipient or a subgrantee— (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 time that the award is in effect; or :. c Uses forced labor in the performance of the award or subawards under the award. 1 Full text of the award term is provided at 2 CFR§ 175,15. . Article VII- Non-Supplanting Requirement . All recipients must ensure that Federal funds do not replace (supplant)funds that have been budgeted for the same purpose through non-Federal sources. Applicants or award recipients may be required to demonstrate and document that a reduction in non-Federal resources occurred for reasons other than the receipt of expected receipt of Federal funds. l.: s Article VIII — Lobbying Prohibitions - 1 All recipients must comply with 31 U.S.C, § 1352,which provides that none of the funds provided under an award i•• recipient• payperson to Influence, or attempt to influence an officer or employee of l may be expended by the to any 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 concerning the award or renewal. Article IX— hotel and Motel Fire Safety Act of 1990 •. In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C, §2225(a),all recipients must - I ensure that all conference, meeting, convention,or training space funded in whole or in part with Federal funds :•' complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, 15 , U.S,C, §2225. • • Article X — Fly America Act of 1974 All recipients must comply with Preference for U.S. Flag Air Carriers:Travel supported by U.S, Government funds , requirement, which states preference for the use of U.S. flag air carriers(air carriers holding certificates under 49 U.S.C. §41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § . 40118) and the interpretative guidelines issued by the Comptroller General of the United States In the March 31, . 1981,amendment to Comptroller General Decision B138942, Article XX r Federal Debt Status All recipients are required to be non-deiinquent in their repayment of any Federal debt. Examples of relevant debt Include delinquent payroll and other taxes,audit disallowances, and benefit overpayments.See GMB Circular A-129 • and form SF-424, item number 17 for additional information and guidance. • Article XII -. False Claims Act and Program Fraud Civil Remedies All recipients must comply with the requirements of 31 U.S,C. § 3729 which set forth that no recipient of federal : I payments shall submit a false claim for payment.See also 38 U.S.C, § 3801-3812 which details the administrative • remedies for false claims and statements made, Article XIII — Duplication of Benefits State, • Local and Tribal Recipients must comply with 2 CFR Pert§225,Appendix A, paragraph(C)(3)(c), which proviess that any cost allocable to a particular Federal award or cost objective under the principles provided for in this authority may not be charged to other Federal awards to overcome fund deficiencies, • • I-. i EXHIBIT A i ::ti • I I Idaho Bureau oYorneia>~d Security • Sub Grant Award Continuation Sheet Page 4 of S l8mergenc Mana.ement Performance Grant Awad Nuptbars EMW-Z0 349-o0i49 Award Oates 8/28/2013 Article XIV w Drug-Free Workplace Regulations All recipients must comply with the Drug-Free Workplace Act of 1988 (412 U.S.C. §701 et seq.), which requires that . I all organizations receiving grants from any Federal agency agree to maintain a drug-free workplace,These regulations are codified at 2 CFR 3001. • Article XV Debarment and Suspension All recipients must comply with Executive Orders 12549 and 12689,which provide protection against waste, fraud ;.. • and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the Federal ;: overnment, Article XVI— Copyright . All recipients must 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 Federal financial assistance s. awards,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), • f Article XVII - Best Practices for Collection end Use of Personally Identifiable Information (PH) '. Ail award recipients who collect P11 are required to have a pubiicaliy-avalloble privacy policy that describes what P11 they coilect,how they use the P11,whether they share-P1!with third parties,and how individuals may have their PIX corrected where appropriate. • Award recipients may also find as a useful resource the DHS Privacy Impact Assessments: . and { a • . v, . to . i.ra - : ?i* . .riv. _42.1.Liernglate.pdf, respectively, Article XVIII — Activities Conducted Abroad All 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. - Article XIX Acknowledgement of Federal Funding from 0115 Ali recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposals,bid invitations,and other documents describing projects or programs funded in whole or in part with Federal funds, Article XX — Assurances, Administrative Requirements and Cost Principles a, Recipients of OHS federal financial assistance must complete OMB Standard Form 4248 Assurances Non- Construction Programs, Certain assurances in this form may not be applicable to your project or program,and .: the awarding agency may require applicants to certify to additional assurances, Please contact the program awarding office if you have any questions. . The administrative requirements that apply to OHS award recipients originate 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"), These A-102 requirements are also located within DHS regulations at Title 44,Code of Federal Regulations (CFR) Part 13. • • oMB Circular A,110, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitais,and Other Non-Profit Organizations, relocated to 2 CFR Part 215. 1 i I EXHIBIT A • • . t Idaho Bureau of Homeland Security Sub Grant Award continuation Sheet Page S of 5 Enter:e o Mena!einent Performance Grant Award Dater O/2&/2013 1 AwAr•Nu batt EMW.2013- 5•++f,R9 � i • b► The cost principles that apply to DHS award recipients through a grant or cooperative agreement originate from one of the following sources: o 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 CFR Part 225. • OMR Circular A-I.22, Cost Principles for Non-Profit Organizations, relocated to 2 CFR Part 230, • The audit requirements for State, Local and Tribal recipients of OHS awards originate from: • OMB Circular A-133,Audits of States,Local Governments and Non-Profit Organizations. Article XXX— Fusion Center Investment A program hold is placed on Investment#1 and the grantee is prohibited from obligating,expending, or drawing down SHSP funds In the amount of$170,000 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 Fusion Center Investment 3ustification Supplemental • Form, which captures requirements for all Fusion Center Investment Justifications, per pages 40.-41 of the FY 2013 1. HSGP Funding Opportunity Announcement(FOA), Please contact your FEMA GPO Headquarters Program Analyst to receive a copy of this addendum, and to receive further guidance on the steps required to release this hold. • Article XXIX —Summary Description of Award The FY 2013 HSGP plays an important role in the Implementation of the National Preparedness System(NPS)by • . supporting the building,sustainment,and delivery of core capabilities essential to achieving the National Preparedness Goal(NPG)of a secure and resilient Nation. HSGP funding shall be used for statutorily eligible 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.This HSGP award consists of State Homeland Security Program (Si-ISP) funding in the amount of$3,459,364,and Operation Stonegarden(OPSG) funding in the amount of$49,121.The following counties received Operation Stonegarden funds; Boundary County, $49,121,These programs provide an integrated mechanism that builds and sustains core capabilities to support the Nation's Preparedness against terrorist attacks, major disasters and other emergencies+ I Article X)UXX — Operation Stonegarden Program Hold 1 ' The recipients are prohibited from drawing down or reimbursing sub-recipients of Operation Stonegarden (OPSG) I i fundingprovided through this award until each unique,specific or modified county level, tribal or equivalent 9 Operations Order and or Frag Order has been reviewed,and approved by official notification by FEMA and Customs and Border Protection/Border Patrol(CBP/BP).Each Operations Order will he transferred via the secure portal (CBP/BP) (WETS system from each respective AOR Sector HQ to CBP/BP HQ in Washington DC for review and pre- approval for Operational continuity, then forwarded to FEMA GPO/PGD OPSG Program Office for final I review/approval.Official notification of approval will be sent by FEMA via email to the respective State Administrative I . ! • Agertc (SM) and CBPJBP HQ in Washln_,gton DC, •• • • I • I. • t � . •i I • • • EXHIBIT A • i 1- • 1 e j 1 i I(")'')'.) Jr 1 AGREEMENT'NO.„, •,•t•+►.,+an�uK.taiacx,�tr. . , MEMORANDUM OF UNDERSTANDING BETWEEN TH.8 STATE bF:IDAHO,BUREAU OF HOMELAND SECURITY- AND ADM COUNTY .R8GARolNG STATE USE'OF 2013 STATE HOMELAID•$ECUnf'1`'GRANT PRGGilAM FU.NPiN ON:BEHALF OF ADA COUNT 1. PARTlds, The parties to this•Agreement ate the State of Idaho,Bureau of Homeland'Security an.d°Ada *County,referred•to as subgrantee, ;: .2. AUTH6Ri Y. This agreeme•nt•is authorized under the provisions of Idaho•Statute: TITLE-46,CHAPTER r• 10, • 3: ` PuaP�s�, The p«r�;os of this Agreee .ls.to set forth ter s.bywh.i h the id � cr au. f Homeland Security shall.expend Homeland Security*Grant Program (HSGP)funds an behalf of the ttibgranted, On August•28,2Q13,the•Ufited States 0epartm nt of Homeland Security Issued grant number[AW- 2013a:SS-00149 to'the State°of Idaho, Under this:grant; the State of•idahq, 13urea0 of Homeland Security must ailooate•grant funding;to local Jurisdictions, Under tit grant, th.e, subgrantee.may • authorize the Idaho Bureau of Homeland.Security to obirgate••and pay equipment-purchases and program execution;provided that the subgrantee and the Idaho Bureau.of Homeland Security enter • Into an agreement on the matter, 4. R°ESPONSIUI.UTIES, .• A, Idaho RureSumoof•Hamelattd Security: 's . Will.providesfund management•for the Learning Management System (LMS), Fusion Center and equipment tfiraugih obligations:and payments for*the period o•f•ttiis••award and any extensions. l• B. Sub r enteei°. The duly authorized Official has read and und.grstands the 2013 Horkeland 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 obligate and ex end•2013 Homeland Security Grant Pro •rens funds for.aiibwable•LMS,Fusion•Centerand r : equipment purchases and program exeCutlon:in support of subgrantee., i. S, APPROVINe OFFICIAL. IDAwa D �' RITY SUBoftANTEE: Brad Alchy,Director Dave Case,Chairman . 4040 Guard-Street,Bldg;600 Ada County aoard of Commissioners Eloise,ID 8.3705 290 Prortt street• Bois ID 83;702 Phone:* (200 4224040 Fax; (208)422-3044 Page 1 oft • :. 1 EXHIBIT A • • 1 . , i 1 6 OTHER httovlsI9Ns. Nothing in this Agreement Is intended to Conflict with Wrrent laws or regulations• i i of the-State of.lda'ho.or.anysubgra.nt jurisdiction. if a'erm of thls•agreement Is inconsistent with such: authority,.then the term shall be invalid,bUt the.remaining torrhs and condltlorts of this a cement ( . shall remain In-furl force and a fest, . 7. EFFECTIVE DATE. The'terms of this agreement will become-effective upon signing-by the parties, • 8. MODIFICATION, This agreement may be mo.dified.upon the mutual written consent of the parties, 9, TERMINATION. The terms of this agreement in Its.original'form,or If modified with the consent-of both 1 parties,will.remain in effect until the end of.the grant, kither party upon 30.days written'notice.to the.other may terminatO this agreement. I. QIP•VED t; ( i,a. t t - '..:. .Reif" .. . ) i•-. -,1) \ ._) . : D. 7Case date . I 1 halm* I -Ada County Board of Commissioners --,-47,.... ..........c, • Ct?,.....-L-5.::., • ..: •�..N. oy olg N ,�2Q1a {. Brad Ricky Data Director - Who Bureau of'Honisland�Security • . C.11...., S i ....r++ C.ti foplier P,Rich AdA pu n.ty Clerk - �1,Phil McGratr , Pike Otiptity I ; . • !. i.: . i I. . i• • .- . 1 I. • 1 , • . i Page2of2 • . • i ' � I EXHIBIT A . 1 , .