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HomeMy WebLinkAboutSH16-044 FFY16 HSGP - E17-075 Kittitas County-signedWashington State Military Department HOMELAND SECURITY GRANT AGREEMENT FACE SHEET 1. Subrecipient Name and Address: 2. Grant Agreement Amount: 3. Grant Agreement Number: Kittitas, County of Sheriff's Office, Emergency Management $50,548 E17.075 307 West Umptanum Road Ellensburg, WA 98926-6720 4, Subrecipient Contact, phone/email: 5. Grant Agreement Start Date: 6. Grant Agreement End Date: Darren Higashiyama, 509-933-8206 09/01/2018 0T131I2018 darren.hi ashi ama co.kittitas.wa.us 7, Department Contact, phone/email: 8. Data Universal Numbering System (DUNS): 9. UBI # (state revenue): Michael Alston, 253.512.7083 michael.alston mil.wa. ov 010202547 192.002-673 10. Funding Authority: Washin tan State Military De artment (the "Department") and the U.S. Department of Homeland Security DHS 11. Federal Funding Identification #: 12, Federal Award Date: 1 13. Catalog of Federal Domestic Assistance (CFDA) # & Title: EMW-2016-SS-00005-S01 08/22/2016 97.067 — HSGP 16SHSP 14. Total Federal Award Amount: 15. Program Index # & OBJ/SUB-OBJ: 16. TIN: $13,272,953 763SB, 763SC, 763SH, 763SL, 763SQ, 763SZ / NZ 1 91-6001349 17. Service Districts: 18. Service Area by County(ies): 19. Women/Minority-Owned, State BY LEGISLATIVE DISTRICTS; 13 Kittitas 1 Certified? X N/A ❑ NO BY CONGRESSIONAL DISTRICTS: 8 ❑ YES, OMWBE # 20. Agreement Classification 21, Contract Type (check all that apply): ❑ Personal Services ❑ Client Services X Public/Local Gov't ❑ Contract X Grant X Agreement ❑ Research/Development ❑ A/E ❑ Other ❑ Inter overnmental RCW 39.34 ❑ Interagency 22. Subrecipient Selection Process: 23. Subrecipient Type (check all that apply) X "To all who apply & qualify" ❑ Competitive Bidding ❑ Private Organization/Individual ❑ For -Profit ❑ Sole Source ❑ A/E RCW ❑ N/A X Public Organization/Jurisdiction X Non -Profit ❑ Filed w/OFM? ❑ Advertised? ❑ YES ONO ❑CONTRACTOR X SUBRECIPIENT ❑ OTHER 24. PURPOSE & DESCRIPTION: The purpose of the FFY 2016 Homeland Security Grant Program (16HSGP) Is to support state and local efforts to prevent terrorism and other catastrophic events and to prepare the Nation for threats and hazards that pose the greatest risk to the security of the United States. 16HSGP provides funding to implement investments that build, sustain, and deliver the core capabilities essential to achieving the National Preparedness Goal (the Goal) of a secure and resilient Nation. 16HSGP supports core capabilities across the five mission areas of Prevention, Protection, Mitigation, Response, and Recovery based on allowable costs. HSGP Is comprised of three interconnected grant programs: State Homeland Security Program (SHSP), Urban Areas Security Initiative (UASI), and Operation Stonegarden (OPSG), Together, these grant programs fund a range of preparedness activities, including planning, organization, equipment purchase, training, exercises, and management and administration, The Department is the Recipient and Pass-through Entity of the 16HSGP Award, which is incorporated.in and attached hereto as Attachment #1, and is making a subaward of funds to the Subrecipient pursuant to this Agreement. The Subrecipient is accountable to the Department for use of Federal award funds provided under this Agreement. The Subreciplent's Work Plan (scope), Timeline (schedule) and Budget for the subaward are detailed in Exhibits C, D, and E. IN WITNESS WHEREOF, the Department and Subrecipient acknowledge and accept the terms of this Agreement, Including all referenced Exhibits and Attachments which are hereby incorporated in and made a part hereof, and have executed this Agreement as of the date below. This Agreement Face Sheet; Special Terms & Conditions (Exhibit A); General Terms and Conditions (Exhibit B); Work Plan/Approved Projects (Exhibit C); Timeline (Exhibit D); Budget (Exhibit E); and all other documents, exhibits and attachments expressly referenced and Incorporated herein contain all the terms and conditions agreed upon by the parties and govern the rights and obligations of the parties to this Agreement. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. In the event of an inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: 1. Applicable Federal and State Statutes and Regulations 4. Special Terms and Conditions 2. DHS/FEMA Award and program documents 5. General Terms and Conditions, and, 3. Work Plan/Approved Projects 6. Other provisions of the Agreement incorporated by reference. WHEREAS, the parties hereto have executed this Agreement on the day and year last specified below. FOR THE DEP TMENT: FOR THE CIPI _ T: Signature Date Signature Date Richard A, Woodruff, Contracts Officer Gene Dana, Sheriff Washington State Military Department BOILERPLATE APPROVED TO FORM: LAPPf� OVED AS TO FORM (if applicable): Signature on File (9/6/2016) ( wS�1A �� � ,�-"'S-+ 1 � Brian E. Buchholz, Assistant Attorney General A Ipp icant's Legal Review Date Form 09/09/2015 mll DHS-FEMA-HSGP-SHSP-FFY16 Page 1 of 25 Kittitas, County of, E17-075 Exhibit A SPECIAL TERMS AND CONDITIONS ARTICLE I -- KEY PERSONNEL The individuals listed below shall be considered key personnel for point of contact under this Agreement. Any substitution of key personnel by either party shall be made by written notification to the current key personnel, SUBRECIPIENT MILITARY DEPARTMENT Name Darren Higashiyama Name Michael Alston Title Commander Title Pro ram Coordinator E -Mail Phone darren,higashlyama@co.kiftitas.wa.us 509-933-8206 E -Mail Phone michael.alston mil.wa. ov 253-512-7083 Name Heather Seibert Name Charma Anderson Title E -Mail Phone Chief Financial Manager heather. seibert.sh co.kittitas.wa.us 509-962-7099 Title E -Mail Phone Section Supervisor charma. n erson mil.wa. ov 253-512-7064 Name Title Name Title Dalton Gamboa Program Assistant E -Mail E -Mail dalton.gamboa@mil.wa.gov Phone Phone 1 253-512-7044 ARTICLE 11 -- ADMINISTRATIVE AND/OR FINANCIAL REQUIREMENTS The Subrecipient shall comply with all applicable state and federal laws, rules, regulations, requirements and program guidance identified or referenced in this Agreement and the informational documents published by DHS/FEMA applicable to the 16HSGP Program, including, but not limited to, all criteria, restrictions, and requirements of the "Department of Homeland Security Notice of Funding Opportunity Fiscal Year 2016 Homeland Security Grant Program" document, the DHS Award Letter for Grant Number EMW-2016-SS-00005- 501, and the federal regulations commonly applicable to DHS/FEMA grants, all of which are incorporated herein by reference. The DHS Award Letter is incorporated in this Agreement as Attachment #1. The Subrecipient acknowledges that since this Agreement involves federal award funding, the period of performance described herein may begin prior to the availability of appropriated federal funds. The Subrecipient agrees that it will not hold the Department, the State of Washington, or the United States liable for any damages, claim for reimbursement, or any type of payment whatsoever for services performed under this Agreement prior to distribution of appropriated federal funds, or if federal funds are not appropriated or in a particular amount. A. STATE AND FEDERAL REQUIREMENTS FOR DHS/FEMA PREPAREDNESS GRANTS: The following requirements apply to all DHS/FEMA Preparedness Grants administered by the Department. 1. SUBAWARDS & CONTRACTS BY SUBRECIPIENTS a. The Subrecipient must make a case-by-case determination whether each agreement it makes for the disbursement of 16HSGP funds received under this Agreement casts the party receiving the funds in the role of a Subrecipient or contractor in accordance with 2 CFR 200.330. b. If the Subrecipient becomes a pass-through entity by making a subaward to a non-federal entity as its Subrecipient: The Subreciplent must comply with all federal laws and regulations applicable to pass- through entities of 16HSGP funds, including, but not limited to, those contained in 2 CFR 200, ii. The Subrecipient shall require its subrecipient to comply with all applicable state and federal laws, rules, regulations, requirements and program guidance identified or referenced in this Agreement and the informational documents published by DNS/FEMA applicable to the 16HSGP Program, including, but not limited to, all criteria, restrictions, and requirements of the "Department of Homeland Security Notice of Funding Opportunity Fiscal Year 2016 Homeland Security Grant Program" document, the DHS Award Letter for Grant No. EMW- 2016-SS-00005-S01 in Attachment #1, and the federal regulations commonly applicable to DHS/FEMA grants DHS-FEMA-HSGP-SHSP-FFY16 Page 2 of 25 Kittitas, County of, E17-075 iii, The Subrecipient shall be responsible to the Department for ensuring that all 16HSGP federal award funds provided to its subrecipient are used in accordance with applicable federal and state statutes and regulations, and the terms and conditions of the federal award set forth in Attachment #1 of this Agreement. 2. REIMBURSEMENT & BUDGET REQUIREMENTS a. Within the total Grant Agreement Amount, travel, sub -contracts, salaries, benefits, printing, equipment, and other goods and services or other budget categories will be reimbursed on an actual cost basis unless otherwise provided in this Agreement. b. The maximum amount of all reimbursement requests permitted to be submitted under this Agreement, including the final reimbursement request, is limited to and shall not exceed the total Grant Agreement Amount. c. If the Subrecipient chooses to include indirect costs within the Budget (Exhibit E), an indirect cost rate agreement negotiated between the federal cognizant agency for indirect costs and the Subreciplent establishing approved indirect cost rate(s) as described in 2 CFR 200.414 and Appendix VII to 2 CFR 200 must be submitted to the Department. However, under 2 CFR 200.414(f), if the Subrecipient has never received a negotiated indirect cost rate agreement establishing federally negotiated rate(s), the Subrecipient may negotiate a rate with the Department or charge a de minimis rate of 10% of modified total direct costs. The Subrecipient's actual indirect cost rate may vary from the approved rate, but must not exceed the indirect cost rate percentage identified in the Budget (Exhibit E). If a Subrecipient chooses to charge the 10% de minimis rate, but did not charge indirect costs to previous subawards, a request for approval to charge indirect costs must be submitted to the Department Key Personnel for approval with an explanation for the change. d. For travel costs, the Subrecipient shall comply with 2 CFR 200.474 and should consult their internal policies, state rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or amended, and federal maximum rates set forth at http://www.gsa.gov, and follow the most restrictive. If travel costs exceed set state or federal limits, travel costs shall not be reimbursed without prior written approval by Department Key Personnel. e. Receipts and/or backup documentation for any approved items that are authorized under this Agreement must be maintained by the Subrecipient consistent with record retention requirements of this Agreement, and be made available upon request by the Department, and federal, state, or local auditors. f. The Subrecipient will submit reimbursement requests to the Department by submitting a properly completed State A-19 Invoice Form and Reimbursement Spreadsheet (in the format provided by the Department) detailing the expenditures for which reimbursement is sought. Reimbursement requests must be submitted to Reimbursements mq.wa. ov no later than the due dates listed within the Timeline (Exhibit D), but not more frequently than monthly. Reimbursement request totals should be commensurate to the time spent processing by the Subrecipient and the Department. If the reimbursement request isn't substantial enough, the Subrecipient should request prior written approval from Department Key Personnel to waive the due date in the Timeline (Exhibit D) and instead submit those costs on the next scheduled reimbursement due date contained in the Milestone Timeline. g. Any request for extension of a due date in the Timeline (Exhibit D) will be treated as a request for Amendment of the Agreement and must be submitted to the Department's Key Personnel sufficiently in advance of the due date to provide adequate time for Department review and consideration, and can be granted or denied within the Department's sole discretion. h. All work under this Agreement must end on or before the Grant Agreement End Date, and the final reimbursement request must be submitted to the Department within 45 days after the Grant Agreement End Date, except as otherwise authorized by written amendment of this Agreement and issued by the Department. DHS»FEMA-HSCP-SHSP-FFY16 Page 3 of 25 Kittitas, County of, E17-075 i. No costs for purchases of equipment/supplies will be reimbursed until the related equipment/supplies have been received by the Subrecipient, its contractor, or any non-federal entity to which the Subrecipient makes a subaward, and is invoiced by the vendor. J. Failure to timely submit complete reports and reimbursement requests as required by this Agreement (including, but not limited to, those reports in the Timeline) will prohibit the Subrecipient from being reimbursed until such complete reports and reimbursement requests are submitted and the Department has had reasonable time to conduct its review. Final reimbursement requests will not be approved for payment until the Subrecipient is current with all reporting requirements contained in this Agreement. k. A written amendment will be required if the Subrecipient expects cumulative transfers between project budgets, as identified in the Work Plan (Exhibit C) and Budget (Exhibit E), to exceed 10% of the Grant Agreement Amount. Any adjustments to project totals other than in compliance with this paragraph will not be reimbursed. I. Subrecipients shall only use federal award funds under this Agreement to supplement existing funds, and will not use them to replace (supplant) non-federal funds that have been budgeted for the same purpose. The Subrecipient may be required to demonstrate and document that the reduction in non-federal resources occurred for reasons other than the receipt or expected receipt of federal funds. 3. REPORTING REQUIREMENTS a. The Subrecipient shall submit with each reimbursement request a report indicating the status of Work Plan activities for which reimbursement is sought in the format provided by the Department. b. The Subrecipient shall comply with the Federal Funding Accountability and Transparency Act (FFATA) and related OMB Guidance consistent with Public Law 109-282 as amended by section 6202(x) of Public Law 110-252 (see 31 U.S.G. 6101 note) and complete and return to the Department the FFATA Form located at htt ://mil.wa. ov/emer enc -mann ement- division/ rants/re uired rantforms; which is incorporated by reference and made a part of this Agreement. c. The Subrecipient shall participate in the State's annual capabilities assessment for the State Preparedness Report, 4. EQUIPMENT AND SUPPLY MANAGEMENT a. The Subrecipient and any non-federal entity to which the Subrecipient makes a subaward shall comply with 2 CFR 200.318 — 200.326 when procuring any equipment or supplies under this Agreement, 2 CFR 200.313 for management of equipment, and 2 CFR 200.314 for management of supplies, to include, but not limited to; i. Upon successful completion of the terms of this Agreement, all equipment and supplies purchased through this Agreement will be owned by the Subrecipient, or a recognized non- federal entity to which the Subrecipient has made a subaward, for which a contract, subrecipient grant agreement, or other means of legal transfer of ownership is in place. ii. All equipment, and supplies as applicable, purchased under this Agreement will be recorded and maintained in the Subrecipient's inventory system. iii. Records shall include: a description of the property; the manufacturer's serial number, model number, or other identification number; the source of funding for the equipment, including the Federal Award Identification Number (FAIN); Catalog of Federal Domestic Assistance (CFDA) number; who holds the title; the acquisition date; the cost of the equipment and the percentage of Federal participation in the cost; the location, use and condition of the equipment at the date the information was reported; and disposition data including the date of disposal and sale price of the property. iv. The Subrecipient shall take a physical inventory of the equipment and reconcile the results with the property records at least once every two years. Any differences between quantities determined by the physical inspection and those shown in the records shall be investigated by the Subrecipient to determine the cause of the difference. The Subrecipient shall, in DHS-FEMA-HSCP-SHSP-FFY16 Page 4 of 25 Kittitas, County of, E17-075 connection with the inventory, verify the existence, current utilization, and continued need for the equipment. V. The Subrecipient shall be responsible for any and all operational and maintenance expenses and for the safe operation of their equipment and supplies including all questions of liability. The Subrecipient shall develop appropriate maintenance schedules and procedures to ensure the equipment, and supplies as applicable, are well-maintained and kept in good operating condition. vi. The Subrecipient must obtain and maintain all necessary certifications and licenses for the equipment. vii. The Subrecipient shall develop a control system to ensure adequate safeguards to prevent loss, damage, and theft of the property. Any loss, damage, or theft shall be investigated and a report generated and sent to the Department. viii. If the Subrecipient is authorized or required to sell the property, proper sales procedures must be established and followed to ensure the highest possible return. ix. If, upon termination or at the Grant Agreement End Date, there is a residual inventory of unused supplies exceeding $5,000 in total aggregate value which will not be needed for any other Federal award, orwhen original or replacement equipment is no longer needed for the original project or program or for other activities currently or previously supported by a Federal agency or award, the Subrecipient must comply with the following procedures: A. Supplies: The Subrecipient may retain the supplies for use on other non -Federal related activities or sell them, but must compensate the Federal sponsoring agency for its share. B. Equipment: The Subrecipient must dispose of equipment as follows: 1. Items of equipment with a current per-unit fair market value of less than $5,000 may be retained, sold or otherwise disposed of by the Subrecipient with no further obligation to the awarding agency. 2. Items of equipment with a current per-unit fair market value of more than $5,000 may be retained or sold and the Subrecipient shall compensate the Federal -sponsoring agency for its share. X. Records for equipment shall be retained by the Subrecipient for a period of six years from the date of the disposition, replacement, or transfer. If any litigation, claim, or audit is started before the expiration of the six-year period, the records shall be retained by the Subrecipient until all litigation, claims, or audit findings involving the records have been resolved. b. The Subrecipient shall comply with the Department's Purchase Review Process, which is incorporated by reference and made part of this Agreement. No reimbursement will be provided unless the appropriate approval has been received. c. Allowable equipment and supply categories for 16HSGP are listed on the Authorized Equipment List (AEL) located on the FEMA website at http://www.fgma.aov/authorized-eauipment-list. The AEL consists of 21 categories which are divided into sub -categories. It is important the Subrecipient and any non-federal entity to which the Subrecipient makes a subaward regard the AEL as an authorized purchasing list identifying items allowed under the specific grant program, and includes items that may not be categorized as equipment according to the federal, state, local, and tribal definitions of equipment. The Subrecipient is solely responsible for ensuring purchased items under this Agreement are authorized as allowed items by the AEL at time of purchase. If the item is not identified on the AEL as allowable under HSGP, the Subrecipient must contact the Department Key Personnel for assistance in seeking FEMA approval prior to acquisition. d. Unless expressly provided otherwise, all equipment must meet all mandatory regulatory and/or DHS/FEMA adopted standards to be eligible for purchase using Federal award funds. DHS-FEMA-HSGP-SHSP-FFY16 Page 5 of 25 Kittitas, County of, E17-075 e. Equipment purchased with QHS federal award funds is to be marked with "Purchased with funds provided by the U.S. Department of Homeland Security" when practicable. f. Prior to procuring pharmaceuticals, Subrecipients must have in place an inventory management plan to avoid large periodic variations in supplies due to coinciding purchase and expiration dates. Subrecipients are encouraged to enter into rotational procurement agreements with vendors and distributors. Purchases of pharmaceuticals must include a budget for the disposal of expired drugs within each fiscal year's period of performance for 16HSGP. The cost of disposal cannot be carried over to another DHS/FEMA grant or grant period. As a subrecipient of federal funds, the Subrecipient must pass on equipment and supply management requirements that meet or exceed the requirements outlined above to any non- federal entity to which the Subrecipient makes a subaward of federal award funds under this Agreement. 5. ENVIRONMENTAL AND HISTORICAL PRESERVATION The Subrecipient shall ensure full compliance with the QHS/FEMA Environmental Planning and Historic Preservation (EHP) Program. The Subrecipient is required to comply with DHS/FEMA EHP Policy Guidance which can be found at htt s://www fema. ov/office-environmental-alannin -and- historic-preservation; FP 108-023-1 Environmental Planning and Historic Preservation Policy Guidance at htto://www.fema.gov/media-libr,apL/assets/`documents/85376; and FP 108.24.4 Environmental Planning and Historical Preservation Policy at hftos://www.fema.gov/media- library/assets/documents/101 537, all of which are incorporated in and made a part of this Agreement. a. The Subrecipient proposing projects that have the potential to impact the environment, including, but not limited to, construction of communication towers; modification or renovation of existing buildings, structures and facilities; or new construction, including replacement of facilities, must participate in the DHS/FEMA EHP review process prior to project initiation. Modification of existing buildings, including minimally invasive improvements such as attaching monitors to walls, and training or exercises occurring outside in areas not considered previously disturbed also require a DHS/FEMA EHP review before project initiation. b. The EHP review process involves the submission of a detailed project description that explains the goals and objectives of the proposed project along with supporting.documentation so FEMA may determine whether the proposed project has the potential to impact environmental resources and/or historic properties. c. The Subrecipient agrees that to receive any federal preparedness funding, all EHP compliance requirements outlined in applicable guidance must be met. The EMP review process must be completed and approval received before any work, for which reimbursement will be later requested, is started. Expenditures for projects started before the EHP review approval is received will not be reimbursed. 6. PROCUREMENT a. The Subrecipient shall comply with all procurement requirements of 2 CFR Part 200.318 through 200.326 and as specified in the General Terms and Conditions, Exhibit B, A.10. b. For all sole source contracts expected to exceed $150,000, the Subrecipient must submit to the Department for pre -procurement review and approval the procurement documents, such as requests for proposals, invitations for bids and independent cost estimates. This requirement must be passed on to any non-federal entity to which the Subrecipient makes a subaward, at which point the Subrecipient will be responsible for reviewing and approving sole source justifications of any non-federal entity to which the Subrecipient makes a subaward. i. SUBRECIPIENT MONITORING a. The Department will monitor the activities of the Subrecipient from award to closeout, The goal of the Department's monitoring activities will be to ensure that agencies receiving federal pass- through funds are in compliance with this Agreement, federal and state audit requirements, federal grant guidance, and applicable federal and state financial regulations, as well as 2 CFR Part 200 Subpart F. DMS-FEMA-HSGP-SHSP-FFY16 Page 6 of 25 Kittitas, County of, E17-075 b. To document compliance with 2 CFR Part 200 Subpart F requirements, the Subrecipient shall complete and return to the Department the 2 CFR Part 200 Subpart F Audit Certification Form" located at hftp://mil,wa.gov/emeMoncy-management-division/J(rants/requiredcirantforms with the signed Agreement and each fiscal year thereafter until the Agreement is closed, which is incorporated by reference and made a part of this Agreement. c. Monitoring activities may include, but are not limited to: I. review of financial and performance reports ii. monitoring and documenting the completion of Agreement deliverables ill. documentation of phone calls, meetings, e-mails, and correspondence iv. review of reimbursement requests and supporting documentation to ensure allowability and consistency with Agreement work pian, budget, and federal requirements v. observation and documentation of Agreement -related activities, such as exercises, training, funded events, and equipment demonstrations vi, on-site visits to review equipment records and inventories, to verify source documentation for reimbursement requests and performance reports, and to verify completion of deliverables, d. The Subrecipient is required to meet or exceed the monitoring activities, as outlined above and in 2 CFR Part 200, for any non-federal entity to which the Subrecipient makes a subaward as a pass-through entity under this Agreement. e. Compliancy will be monitored throughout the performance period to assess risk. Concerns will be addressed through a Corrective Action Plan, B. LIMITED ENGLISH PROFICIENCY (CIVIL RIGHTS ACT OF 1964 TITLE VI) The Subrecipient must comply with the Title VI of the Civil Rights Act of 1964 (Title VI) prohibition against discrimination on the basis of national origin, which requires that subrecipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services. Providing meaningful access for persons with LEP may entail providing language assistance services, including oral interpretation and written translation. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (August 11, 2000), requires federal agencies to issue guidance to recipients, assisting such organizations and entities in understanding their language access obligations, DHS published the required recipient guidance in April 2011, DMS Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, 76 Fed. Reg. 21755-21768, (April 18, 2011), The Guidance provides helpful Information such as how a recipient can determine the extent of its obligation to provide language services; selecting language services; and elements of an effective pian on language assistance for LEP persons. For additional assistance and information regarding language access obligations, please refer to the DMS Recipient Guidance at https://www.dhs.,00v/guidance-published hel -de artment-su ` orted-or anizations- rovide-meanie fui-access- eo le -limited and additional resources on htty:Hm y,lp .�ov.. 9. NIMS COMPLIANCE a. The National Incident Management System (NIMS) identifies concepts and principles that answer how to manage emergencies from preparedness to recovery regardless of their cause, size, location, or complexity. NIMS provides a consistent, nationwide approach and vocabulary for multiple agencies or jurisdictions to work together to build, sustain, and deliver the core capabilities needed to achieve a secure and resilient nation, b. Consistent implementation of NIMS provides a solid foundation across jurisdictions and disciplines to ensure effective and integrated preparedness, planning, and response. NIMS empowers the components of the National Preparedness System, a requirement of Presidential Policy Directive (PPD) -8, to guide activities within the public and private sector and describes the planning, organizational activities, equipping, training and exercising needed to build and sustain the core capabilities in support of the National Preparedness Goal. DHS-FEMA-HSGP-SHSP-FFY16 Page 7 of 25 Khtas, County of, E17-075 c. The Subrecipient agrees that in order to receive FFY 2016 federal preparedness funding, to include HSGP, NIMS compliance requirements for 2016 must be met. B. HSGP SPECIFIC REQUIREMENTS 1. 16HSGP stipulates the following for overall grant funding; specific caps or thresholds for this Agreement may differ: a. Up to 5% percent of the HSGP award received by the Department may be used for management and administrative purposes directly related to administration of the HSGP grant. The maximum percentage of the Grant Agreement Amount that may be used by the Subrecipient for management and administration costs under this Agreement is identified in the Budget (Exhibit E), and may be less than, but will not exceed, the maximum 5%. b. At least 25% of the combined HSGP award allocated under SHSP and UASI are to be dedicated towards law enforcement terrorism prevention activities (LETPA). The LETPA percentage of the Grant Agreement Amount that must be met as a minimum requirement of this Agreement by the Subrecipient is identified in the Budget (Exhibit E) and may differ from the combined 25% requirement. c. The combined total of personnel expenses may not exceed 50% percent of the HSGP award received by the Department unless a Personnel Cap Waiver has been received from DHS. The maximum percentage of the Grant Agreement Amount that may be used by the Subrecipient for personnel expenses under this Agreement is identified in the Budget (Exhibit E) and may differ from the 50% HSGP limit. 2. SHSP-funded projects must address high-priority preparedness gaps across all core capabilities where a nexus to terrorism exists. All supported investments are based on capability targets and gaps identified during the assessment process. 3. UASI-funded projects must build and sustain the capabilities necessary for high -threat, high-density Urban Areas to prevent, protect against, mitigate, respond to, and recover from acts of terrorism. 4. OPSG-funded projects must enhance cooperation and coordination among Customs and Border Protection (CBP), United States Border Patrol (USBP), and local, tribal, territorial, state, and federal law enforcement agencies in a joint mission to secure the United States' borders along routes of ingress from international borders to include travel corridors in states bordering Mexico and Canada, as well as states and territories with international water borders. 5. The Subrecipient shall use HSGP funds only to perform tasks as described in the Work Plan, as approved by the Department, and in compliance with this Agreement. 6. Subrecipients are required to develop a multi-year Training and Exercise Plan (TEP) that identifies training and exercise priorities and activities. Inclusion in the State's TEP meets the intent of this requirement. Subrecipients that choose to develop their own TEP shall submit it to NEP{c"ta,,fema.dhs.gov and emd.training(`>a.mil.wa.gav no later than June 1 st annually. a. Subrecipients are encouraged to participate in the State's annual Training and Exercise Planning Workshop (TEPW) or may conduct their own local/regional TEPW. 7. Subrecipients will develop and maintain a progressive exercise program consistent with the Homeland Security Exercise and Evaluation Program (HSEEP) and support the National Exercise Program (NEP). Upon completion of an exercise, an After Action Report and an Improvement Plan must be prepared and submitted to N­E1Pr@fema.dhs.gov and emd.trainin mil.wa. ov. Further information regarding the use of HSEEP can be found at htt s: /hseeL).iore koolkit.ora/. 8. Subrecipients will provide reports and/or assist with completion of reports required by the HSGP federal award, including, but not limited to, the State Preparedness Report (SPR), Threat and Hazard Identification and Risk Assessment (THIRA), core capabilities assessment, and data calls. OHS-FEMA-HSGP-SHSP-FFY16 Page 8 of 25 Kittitas, County of, E17-075 C. DHS FFY1GHSGPTERMS AND CONDITIONS As a subrgcipioni of 16H8GP Program funding, the 8ubnedpkard shall comply with all applicable OHS terms and conditions of the FFY16 HSGP Award Letter and its incorporated documents for DHS Grant No. EyNVV'2010-S3-00005'GD1. which are incorporated in and made a port of this Agreement as Attachment #11. DHS-FEMA-HSGP-S1dSP-FFY1 6 Page 9 of 25 Kittitas. County of, E17-075 Exhibit VVmsh|mut*n State Military Department GENERAL TERMS AND CONDITIONS Department ¢fHomeland Security (DH0)/ Federal Emergency Management Agency (FE80A) Grants A.1 DEFINITIONS As used throughout this Grant Agreement, terms will have the same meaning as defined in 2 CFR 200 Subpart A (which Is incorporated herein by reference), except as otherwise set forth below: o. "A0reernent"means this Grant Agreement. b. "Department" means the Washington State Military Department, as state agency, any division, section, office, unit or other entity of the Department, or any of the officers or other officials lawfully representing that Department. The Department Is a recipient of federal award directly from o federal awarding agency and |epass-through entity making a subaw0rdhoomubnao|piantunder this Agreement. G. "Swbrecip|ent"wheD capitalized is primarily used throughout this Agreement in reference tuthe non-federal entity identified on the Face Sheet of this Agreement that has PoGg|Vmd a mUbaVva[d from the Department. However, the definition of"aub[eoipient" is the same as in 2 CFF( 200.93 for all other purposes. cl. "Monitoring Activities" means all adrn|niot,ativo, finono|o|, or other review activities that are conducted to ensure compliance with all state and federal |awm, rules, nagu|aUOMo, eVthVr|Ugs and policies. a. "Investment" means the grant application submitted by the Sub[goip|ant describing the project(s) for which federal funding is sought and provided under this Agreement. Such grant application is hereby incorporated into this Agreement by reference. A^2 SINGLE AUDIT ACT REQUIREMENTS (including all AMENDMENTS) Non-federal entities, as subrecipients of a federal award, that expend $750,000 or more in one fiscal year of federal funds from all sources, direct and indirect, are required to have a single or a program -specific audit cohducted in accordance with 2 CFR Part 200 Subpart F. Non-federal entities that spend less than $750,000 a year in federal awards are exempt from federal audit requirements for that year, except as noted in 2 CFR Part 200 Subpart F. As defined in 2 CFR Part 200, the term "non-federal entity" means a State, local government, Indian tribe, Institution of higher education, or non-profit organization that carries out ahadona| ovVmrd as a recipient o[subrecipient. Subreciplents that are required to have an audit must ensure the audit is performed in accordance with Generally Accepted Government Auditing Standards (GAGA8) as found in the Government Auditing Standards (the Revised Yellow Book) developed by the United States Comptroller General and the OMB Compliance Supplement. The GUbrgcip|ent has the responsibility ofnotifying its auditor and requesting an audit in compliance with 2 CFR Part 200 Subpart F, to include the Washington State Auditor's Office, a federal auditor, or $ public oonuUntent performing work using GAGAS, as appr¢pr|ahu. Costs of the audit may be an allowable grant expenditure as authorized by 2 CFR Part 200 Subpart F. The Subreciplent shall maintain auditable records and accounts so as to facilitate the audit requirement and shall ensure that any sub -contractors also maintain auditable records. The OVbvgo|p|ent Is nuapono|b|m for any audit oXompt|ona incurred by its own organization orthat ofits sub -contractors. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report. The 8Ubrecip|ent must respond to Department requests for Information or corrective action concerning audit Issues or findings within 30 days of the date of request, The Department reserves the right to recover from the GVbrao|p|entoU disallowed costs neoU|UDg from the audit. After the s|nQ|g audit has been conOp|eted, and if it includes any audit findings, the 8ubnao|p|eDt must send a full copy of the audit and Its corrective action plan to the Department at the following address no later than Smonths after the end ofthe Subnocip|8nt'gfiscal yeor/s\: DHS-FEMA-H8GP-8HSP-FFY1 6 Page 10 of 25 Kittitas, County of, E 17-075 Contracts Office Washington Military Department Finance Division, Building #1 TA -20 Camp Murray, WA 98430-5032 If the Subrecipient claims it is exempt from the audit requirements of 2 CFR Part 200 Subpart F, the Subrecipient must send a letter identifying this Grant Agreement and explaining the criteria for exemption no later than nine (9) months after the end of the Subrecipient's fiscal year(s) to the address listed above. The Department retains the sole discretion to determine whether a valid claim for an exemption from the audit requirements of this provision has been established, The Subrecipient shall include the above audit requirements in any subawards. Conducting a single or program -specific audit in compliance with 2 CFR Part 200 Subpart F is a material requirement of this Agreement. In the absence of a valid claim of exemption from the audit requirements of 2 CFR Part 200 Subpart F, the Subrecipient's failure to comply with said audit requirements may result in one or more of the following actions in the Department's sole discretion: a percentage of federal awards being withheld until the audit is completed in accordance with 2 CFR Part 200 Subpart F; the withholding or disallowing of overhead costs; the suspension of federal awards until the audit is conducted and submitted; or termination of the federal award. A.3 ADVANCE PAYMENTS PROHIBITED The Department shall make no payments in advance or In anticipation of goods or services to be provided under this Agreement. The Subrecipient shall not invoice the Department in advance of delivery and invoicing of such goods or services. A.4 AMENDMENTS AND MODIFICATIONS The Subrecipient or the Department may request, in writing, an amendment or modification of this Agreement. However, such amendment or modification shall not be binding, take effect or be incorporated herein until made in writing and signed by the authorized representatives of the Department and the Subrecipient. No other understandings or agreements, written or oral, shall be binding on the parties. A.5 AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, 42 U.S.C. 12101 ET SEQ. AND ITS IMPLEMENTING REGULATIONS ALSO REFERRED TO AS THE "ADA" 28 CFR Part 35. The Subrecipient must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunication. A.6 ASSURANCES The Department and Subrecipient agree that all activity pursuant to this Agreement will be conducted in accordance with all the applicable current federal, state and local laws, rules and regulations. A.7 CERTIFICATION REGARDING DEBARMENT SUSPENSION OR INELIGIBILITY As federal funds are a basis for this Agreement, the Subrecipient certifies that the Subrecipient is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Grant Agreement by any federal department or agency. The Subrecipient shall complete, sign, and return a Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion form located at htto://mil.wa.clov/eme[gency-_manr;,�gement- ivi ion ran s/re uired rantforms. Any such form completed by the Subrecipient for this Agreement shall be incorporated into this Agreement by reference. Further, the Subrecipient agrees to comply with all applicable federal regulations concerning the federal debarment and suspension system, including 2 CFR Part 180. The Subrecipient certifies that it will ensure that potential contractors or subrecipients or any of their principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in "covered transactions" by any federal department or agency. "Covered transactions" include procurement contracts for goods or services awarded under a non -procurement transaction (e.g. grant or cooperative agreement) that are expected to equal or exceed $25,000, and subawards to subrecipients for any amount. With respect to covered transactions, the Subrecipient may comply with this provision by DHS-FEMA-HSGP-SHSP-FFY16 Page 11 of 25 Kittitas, County of, E17-075 obtaining a certification statement from the potential contractor or subrecipient or by checking the System for Award Management (,hAP_*�Aww.sam..Qov) maintained by the federal government. The Subrecipient also agrees not to enter into any arrangements or contracts with any party on the Washington State Department of Labor and Industries' "Debarred Contractor List" (httl2://www.Ini.wa.gov/TradesL!censing/P.rel-W-ago`/"Awrdin, A `enci s/DebarredContractors/). The Subrecipient also agrees not to enter into any agreements or contracts for the purchase of goods and services with any party on the Department of Enterprise Services' Debarred Vendor List (hfp://www.des,wa.gov/services/Contrg,tpt_ingPur hasin Business/Pa esNendor-Debar ent as x). A.8 CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING As required by 44 CFR Part 18, the Subrecipient hereby certifies that to the best of its knowledge and belief: (1) no federally appropriated funds have been paid or will be paid by or on behalf of the Subrecipient to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement; (2) that if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Agreement, grant, loan, or cooperative agreement, the Subrecipient will complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; (3) and that, as applicable, the Subrecipient will require that the language of this certification be included in the award documents for all subawards at all tiers (including sub -contracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into, and is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. A.9 CONFLICT OF INTEREST No officer or employee of the Department; no member, officer, or employee of the Subrecipient or its designees or agents; no member of the governing body of the jurisdiction in which the project is undertaken or located; and no other official of the Subrecipient who exercises any functions or responsibilities with respect to the project during his or her tenure, shall have any personal or pecuniary gain or interest, direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to be performed in connection with the project assisted under this Agreement. The Subrecipient shall incorporate, or cause to incorporate, in all such contracts or subawards, a provision prohibiting such interest pursuant to this provision. A.10 COMPLIANCE WITH APPLICABLE STATUTES, RULES AND DEPARTMENT POLICIES The Subrecipient and all its contractors and subrecipients shall comply with, and the Department is not responsible for determining compliance with, any and all applicable federal, state, and local laws, regulations, executive orders, OMB Circulars, and/or policies. This obligation includes, but is not limited to: nondiscrimination laws and/or policies, Energy Policy and Conservation Act (PL 94-163, as amended), the Americans with Disabilities Act (ADA), Age Discrimination Act of 1975, Title VI of the Civil Rights Act of 1964, Civil Rights Act of 1968, the Robert T. Stafford Disaster Relief and Emergency Assistance Act, (PL 93-288, as amended), Ethics in Public Service (RCW 42.52), Covenant Against Contingent Fees (48 CFR Section 52,203-5), Public Records Act (RCW 42.56), Prevailing Wages on Public Works (RCW 39.12), State Environmental Policy Act (RCW 43.21 C), Shoreline Management Act of 1971 (RCW 90.58), State Building Code (RCW 19.27), Energy Related Building Standards (RCW 19.27A), Provisions in Buildings for Aged and Handicapped Persons (RCW 70.92), and safety and health regulations. In the event of noncompliance or refusal to comply with any applicable law, regulation, executive order, OMB Circular or policy by the Subrecipient, its contractors or subrecipients, the Department may rescind, cancel, or terminate the Agreement in whole or in part in its sole discretion. The Subrecipient is responsible for all costs or liability arising from its failure, and that of its contractors and subrecipients, to comply with applicable laws, regulations, executive orders, OMB Circulars, or policies. A,11 CONTRACTING & PROCUREMENT DHS-FEMA-HSGP-SHSP-FFY16 Page 12 of 25 Kittitas, County of, E17-075 a. The Subrecipient shall use a competitive procurement process in the procurement and award of any contracts with contractors orsub-contractors that are entered into under the original contract award. The procurement process followed ohmU be in accordance with 2[|FR Part 200.318 GoMenm| procurement standards through 20O.828Contract Provisions. As required by Appendix || to 2 CFF( Part 200. all contracts entered into by the 8ubnec|p|ent under this Agreement must include the following proviaions, as applicable: i. Contracts for more than the simplified acquisition threshold currently set at $15O.O0O.which iathe inflation adjusted amount determined bythe Civilian Agency Acquisition Council and the Defense Acquisition Regulations CnUDoi| /CoUDC||G\ as authorized by 41 U.S.C. 1908. nlUmt address 8d[nin|atrat|Ve, contractual, or legal remedies in instances Yvhona contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. ii. All contracts in excess of $10,000 must address termination for cause and for convenience by the non -Federal entity including the manner by which it will be effected and the basis for settlement. |ii. Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract' in 41 CFR Part OO~1.3must include the equal oppudVD|tv c|aUea provided under 41 CFR 80'1.4(b), in accordance with Executive Order 11240. "Equal Employment Opportunity" (3O FR 12310, 12935, 3CFR Part. 1964-1965 Comp., p. 338), as amended byExecutive Order 11375."Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at4l CFR part 80. "Office of Federal Contract Compliance Prog[a0s, Equal Employment Opportunity, Department ofLabu[." iv. Davis -Bacon Act, an amended /40 U.S.O. 3141-3148 When required by F8do[m| program legislation, all prime construction contracts in excess of $2,000 awarded by non -Federal entities must include a provision for compliance with the Davis -Bacon Act (4U U.S.C. 3141'3144. and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5. "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Aaa|atad Construction"). In accordance with the ot8tuta, contractors must be required to pay wages to |nbonarm and mechanics at a rate not less than the prevailing vVmgeu specified in e wage determination made by the Secretary nfLabor. In add|t\on, contractors must be required to pay vvogea not less than once m week. The non -Federal entity must place a copy of the current prevailing wage dnUa[mmot|on issued by the Department of Labor in each so(|o|Dgt|oD. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non -Federal entity must report all suspected orreported violationstothe Federal awarding agency. The contracts must also include a provision for co0pUGDC8 with the Copeland "Anti -Kickback" Act /40 U.G.C. 3145\, as supplemented by Department of Labor rogU|eboOe /29 OFR Part 3. "Contractors and 8Uboont[GoLo[G on Public Building or Public Work Financed inWhole o[iOPart byLoans o[Grants from the United 8tates"\.The Act provides that each contractor Vr8Ubrgc|p|eOt nnUot be prohibited from |OduciOg, by any mnaanm, any person employed in the cOOet[Uo1ioD, conlp|et|on, or repair of public vvorh, to give up any pad of the compensation to which he or she Is otherwise entitled. The non -Federal entity must report all suspected V[reported violations tothe Federal awarding agency. V. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). VVheny app||oable, all contracts awarded by the non -Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U,S.C. 3702 and 3704, assupplemented byDepartment ufLabor regulations (28CFR Part 5).Under 4OU,8.{}.3782of the Act, each contractor must be required to compute the wages of every mechanic and laborer oDthe basis ofa standard work week of4Ohours, Work |Oexcess of the standard work week |$ parnl|gmib|e provided that the worker is compensated at a ngto of not |aoa than one and a half times the basic [ate of pay for all hours worked in am:esG of 40 hours in the work week. The requirements of 40 U.S.[). 3704 are applicable to construction work and provide that no laborer or 0eohoD|o must be required to work in surroundings or under working conditions Vvh|ph are uDman|tory, hazardous or dmngmroum. These requirements do not apply to the purchases of aupp||aa or materials or art|o|oo Ond|Dmri|y available on the open n1o[kei, or contracts for transportation ortransmission ofintelligence, DHS-FEMA+1SGP-SHSP-FFY1 6 Page 13 of 25 KIttitas, County of, E 17-075 vi. Rights to Inventions Made Under aContract or Agreement. If the Federal award meets the definition of "funding agreement" Under 37 OFR §401.2 (a) and the recipient or eubrecp(ert wishes toenter into ocontract with a small business firm ornonprofit organization regarding the substitution of parties, assignment or performance of experimental, d8va|opmnonta\, or research vvnrh under that "funding aQ[aerneDt." the recipient or subnaoip(ent must comply with the requirements of 37 CFR Part 401, "Rights to |OVenUoDG Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued bythe awarding agency, vii. Clean Air Act (42 U.S.C. 7401'7671q.) and the Federal VVah3r Pollution Control Act (38 U.S.C. 1251~1387). a amended—Contracts and eVbgraDtS of amounts In excess of $150,000 must that requiresthe F d | award to agree to comply with all applicable contain a provision standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671 q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). vUi Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2wrn 180.22O\rnustnot bemade tnpa�igSlisted onthe goV8[Drngn�vvde exclusions |nthe System for Award �Management /SAM\.|Daccordance with the OMB guidelines at2CFR 18Othat implement Executive Orders 12549/! CFR part 1Q8000r0p..p.18B>and 12889/3CFR part 1889Con1p.. p.23G\."Debarment and | UapenGion."SAM Exclusions contains the names ofparties debarred, suspended, or otherwise excluded by agencies, as well as parties declared Ineligible under statutory orregulatory authority other than E*yoUUve Order 12548. |X. Byrd Anti -Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that It will not and has not used Federal appropriated funds to pay any person ororganization for |nf|u$Oo|Og or attempting to Influence an officer or employee of any agency, a M08Onbar Of ConQnomm, officer or employee of Congraao, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up tnthe non -Federal award. x. Procurement of recovered materials -- As required by 2 CFR 200.322, a non -Federal entity that is o state agency Oragency of political subdivision of et8by and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in Qu|daUDme of the Environmental Protection Agency (EPA) at 40 CFR port 247 that contain the highest percentage of recovered 0ate,|o|u practicable, consistent with [n8|Ota|n|nO g satisfactory level ofcompetition, where the purchase price ofthe item exceeds $10.O0Oo[the value ofthe qUanUh/ acquired during the preceding fiscal year exceeded $10.000| procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing on affirmative procurement program for procurement of recovered materials identified |nthe EPA guidelines. A. Notice of Federal awarding agency requirements and regulations pertaining to reporting. xU. Federal awarding agency requirements and regulations pertaining to copyrights and rights in data. All. Access by the Department, the Subro ' iaOt. the Federal awarding agency. the Comctn}Ua[ General of the United Stohas, or any of their duly authorized representatives to any bVoks, doounnente, p8poro, and records of the contractor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions. Kiv. Retention of all required records for six years after the Gubrecip|ent has made final payments and all other pending matters are closed. tx. Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L.84-1O3.89Stat. 871\. DHS-FEMA-HSGP-SHSP-FFY1 6 Page 14 of 25 Kittitas, County of, El 7-075 b. The Department reserves the right to review the Subrecipient procurement plans and documents, and require the Subrecipient to make changes to bring its plans and documents into compliance with the requirements of 2 CFR Part 200.318 through 200.326. The Subrecipient must ensure that its procurement process requires contractors and subcontractors to provide adequate documentation with sufficient detail to support the costs of the project and to allow both the Subrecipient and Department to make a determination on eligibility of project costs. c. All sub -contracting agreements entered Into pursuant to this Agreement shall incorporate this Agreement by reference. A.12 DISCLOSURE The use or disclosure by any party of any information concerning the Department for any purpose not directly connected with the administration of the Department's or the Subrecipient's responsibilities with respect to services provided under this Agreement is prohibited except by prior written consent of the Department or as required to comply with the state Public Records Act, other law or court order. A.13 DISPUTES Except as otherwise provided in this Agreement, when a bona fide dispute arises between the parties and it cannot be resolved through discussion and negotiation, either party may request a dispute resolution panel to resolve the dispute. A request for a dispute resolution board shall be in writing, state the disputed issues, state the relative positions of the parties, and be sent to all parties. The panel shall consist of a representative appointed by the Department, a representative appointed by the Contractor and a third party mutually agreed upon by both parties. The panel shall, by majority vote, resolve the dispute. Each party shall bear the cost for its panel member and its attorney fees and costs, and share equally the cost of the third panel member. A.14 LEGAL RELATIONS It is understood and agreed that this Agreement is solely for the benefit of the parties to the Agreement and gives no right to any other party. No joint venture or partnership is formed as a result of this Agreement. To the extent allowed by law, the Subrecipient, Its successors or assigns, will protect, save and hold harmless the Department, the State of Washington, and the United States Government and their authorized agents and employees, from all claims, actions, costs, damages or expenses of any nature whatsoever by reason of the acts or omissions of the Subrecipient, its sub -contractors, subrecipients, assigns, agents, contractors, consultants, licensees, invitees, employees or any person whomsoever arising out of or in connection with any acts or activities authorized by this Agreement. To the extent allowed by law, the Subrecipient further agrees to defend the Department and the State of Washington and their authorized agents and employees in any litigation; including payment of any costs or attorneys' fees for any claims or action commenced thereon arising out of or in connection with acts or activities authorized by this Agreement. This obligation shall not include such claims, costs, damages or expenses which may be caused by the sole negligence of the Department; provided, that if the claims or damages are caused by or result from the concurrent negligence of (1) the Department, and (2) the Subrecipient, its agents or employees, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the Subrecipient, or Subrecipient's agents or employees. Insofar as the funding source, the Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA), is an agency of the Federal government, the following shall apply; 44 CFR 206.9 Non -liability. The Federal government shall not be liable for any claim based upon the exercise or performance of, or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of the federal government in carrying out the provisions of the Stafford Act. A.15 LIMITATION OF AUTHORITY — Authorized Signature The signatories to this Agreement represent that they have the authority to bind their respective organizations to this Agreement. Only the Department's Authorized Signature representative and the Authorized Signature representative of the Subrecipient or Alternate for the Subrecipient, formally designated in writing, shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Agreement. Any alteration, amendment, modification, or waiver of DHS-FEMA-HSGP-SHSP-FFY16 Page 15 of 25 Kittitas, County of, E17-075 any clause or condition of this Agreement is not effective or binding unless made in writing and signed by both parties Authorized Signature representatives. Further, only the Authorized Signature representative or Alternate for the Subrecipient shall have signature authority to sign reimbursement requests, time extension requests, amendment and modification requests, requests for changes to projects or work plans, and other requests, certifications and documents authorized by or required under this Agreement. A.16 LOSS OR REDUCTION OF FUNDING In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement and prior to normal completion or end date, the Department may unilaterally reduce the scope of work and budget or unilaterally terminate all or part of the Agreement as a "Termination for Cause" without providing the Subrecipient an opportunity to cure. Alternatively, the parties may renegotiate the terms of this Agreement under "Amendments and Modifications" to comply with new funding limitations and conditions, although the Department has no obligation to do so. A.17 NONASSIGNABILITY Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by the Subrecipient. A.18 NONDISCRIMINATION The Subrecipient shall comply with all applicable federal and state non-discrimination laws, regulations, and policies. No person shall, on the grounds of age, race, creed, color, sex, sexual orientation, religion, national origin, marital status, honorably discharged veteran or military status, or disability (physical, mental, or sensory) be denied the benefits of, or otherwise be subjected to discrimination under any project, program, or activity, funded, in whole or in part, under this Agreement. A.19 NOTICES The Subrecipient shall comply with all public notices or notices to individuals required by applicable local, state and federal laws and regulations, and shall maintain a record of this compliance. A.20 OCCUPATIONAL SAFETY/HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/ HEALTH ACT (OSHA/WISHA) The Subrecipient represents and warrants that its work place does now or will meet all applicable federal and state safety and health regulations that are in effect during the Subrecipient's performance under this Agreement. To the extent allowed by- law, the Subrecipient further agrees to indemnify and hold harmless the Department and its employees and agents from all liability, damages and costs of any nature, including, but not limited to, costs of suits and attorneys' fees assessed against the Department, as a result of the failure of the Subrecipient to so comply. A.21 OWNERSHIP OF PROJECT/CAPITAL FACILITIES The Department makes no claim to any capital facilities or real property improved or constructed with funds under this Agreement, and by this subaward of funds does not and will not acquire any ownership interest or title to such property of the Subrecipient. The Subrecipient shall assume all liabilities and responsibilities arising from the ownership and operation of the project and agrees to indemnify and hold the Department, the state of Washington and the United States government harmless from any and all causes of action arising from the ownership and operation of the project. A.22 POLITICAL ACTIVITY No portion of the funds provided herein shall be used for any partisan political activity or to further the election or defeat of any candidate for public office or influence the approval or defeat of any ballot issue. A.23 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION. The assistance provided under this Agreement shall not be used in payment of any bonus or commission for the purpose of obtaining approval of the application for such assistance or any other approval or concurrence under this Agreement; provided, however, that reasonable fees or bona fide technical consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as project costs. A.24 PUBLICITY The Subrecipient agrees to submit to the Department prior to issuance all advertising and publicity matters relating to this Agreement wherein the Department's name is mentioned or language used from DHS-FEMA-HSGP-$HSP-FFY16 Page 16 of 25 Kittitas, County of, E17-075 which the connection of the Department's name may, in the Department's judgment, be inferred or implied. The Subrecipient agrees not to publish or use such advertising and publicity matters without the prior written consent of the Department. The Subrecipient may copyright original work it develops in the course of or under this Agreement; however, pursuant to 2 CFR Part 200.315, FEMA reserves a royalty - free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use the work for government purposes. Publication resulting from work performed under this Agreement shall include an acknowledgement of FEMA's financial support, by CFDA number, and a statement that the publication does not constitute an endorsement by FEMA or reflect FEMA's views. A.25 RECAPTURE PROVISION In the event the Subrecipient fails to expend funds under this Agreement in accordance with applicable federal, state, and local laws, regulations and/or the provisions of the Agreement, the Department reserves the right to recapture funds in an amount equivalent to the extent of noncompliance. Such right of recapture shall exist for the life of the project following Agreement termination. Repayment by the Subrecipient of funds under this recapture provision shall occur within 30 days of demand. In the event the Department is required to institute legal proceedings to enforce the recapture provision, the Department shall be entitled to its costs and expenses thereof, including attorney fees from the Subrecipient. A.26 RECORDS a. The Subreciplent agrees to maintain all books, records, documents, receipts, invoices, and all other electronic or written records necessary to sufficiently and properly reflect the Subrecipient's contracts, subawards, grant administration, and payments, including all direct and indirect charges, and expenditures in the performance of this Agreement (the "records"). b. The Subrecipient's records related to this Agreement and the projects funded may be inspected and audited by the Department or its designee, by the Office of the State Auditor, DHS, FEMA or their designees, by the Comptroller General of the United States or Its designees, or by other state or federal officials authorized by law, for the purposes of determining compliance by the Subrecipient with the terms of this Agreement and to determine the appropriate level of funding to be paid under the Agreement. c. The records shall be made available by the Subrecipient for such inspection and audit, together with suitable space for such purpose, at any and all times during the Subrecipient's normal working day. d. The Subrecipient shall retain and allow access to all records related to this Agreement and the funded project(s) for a period of at least six (6) years following final payment and closure of the grant under this Agreement. Despite the minimum federal retention requirement of three (3) years, the more stringent State requirement of six (6) years must be followed. A.27 RESPONSIBILITY FOR PROJECT/STATEMENT OF WORKMORK PIAN While the Department undertakes to assist the Subrecipient with the project/statement of work/work plan (project) by providing Federal award funds pursuant to this Agreement, the project itself remains the sole responsibility of the Subrecipient. The Department undertakes no responsibility to the Subrecipient, or to any third party, other than as is expressly set out in this Agreement. The responsibility for the design, development, construction, implementation, operation and maintenance of the project, as these phrases are applicable to this project, is solely that of the Subrecipient, as is responsibility for any claim or suit of any nature by any third party related in any way to the project. Prior to the start of any construction activity, the Subrecipient shall ensure that all applicable Federal, State, and local permits and clearances are obtained, including, but not limited to, FEMA compliance with the National Environmental Policy Act, the National Historic Preservation Act, the Endangered Species Act, and all other environmental laws, regulations and executive orders. The Subrecipient shall defend, at its own cost, any and all claims or suits at law or in equity, which may be brought against the Subrecipient in connection with the project. The Subrecipient shall not look to the Department, or to any state or federal agency, or to any of their employees or agents, for any performance, assistance, or any payment or indemnity, including, but not limited to, cost of defense and/or attorneys' fees, in connection with any claim or lawsuit brought by any third party related to any design, development, construction, implementation, operation and/or maintenance of a project. DHS-FEMA-HSGP-SHSP-FFY16 Page 17 of 25 Kittitas, County of, E17-075 A.28 SEVERABILITY If any court of rightful jurisdiction holds any provision or condition under this Agreement or its application to any person or circumstances invalid, this invalidity does not affect other provisions, terms or conditions of the Agreement, which can be given effect without the invalid provision. To this end, the terms and conditions of this Agreement are declared severable. A.29 SUBRECIPIENT NOT EMPLOYEE The parties intend that an independent contractor relationship will be created by this Agreement. The Subrecipient, and/or employees or agents performing under this Agreement are not employees or agents of the Department in any manner whatsoever. The Subrecipient will not be presented as, nor claim to be, an officer or employee of the Department by reason of this Agreement, nor will the Subrecipient make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of the Department or of the State of Washington by reason of this Agreement, including, but not limited to, Workmen's Compensation coverage, unemployment insurance benefits, social security benefits, retirement membership or credit, or privilege or benefit which would accrue to a civil service employee under Chapter 41.06 RCW. It is understood that if the Subrecipient is another state department, state agency, state university, state college, state community college, state board, or state commission, that the officers and employees are employed by the state of Washington in their own right and not by reason of this Agreement. A.30 TAXES FEES AND LICENSES Unless otherwise provided in this Agreement, the Subrecipient shall be responsible for, pay and maintain In current status all taxes, unemployment contributions, fees, licenses, assessments, permit charges and expenses of any other kind for the Subrecipient or its staff required by statute or regulation that are applicable to Agreement performance. A.31 TERMINATION FOR CONVENIENCE Notwithstanding any provisions of this Agreement, the Subrecipient may terminate this Agreement by providing written notice of such termination to the Department's Key Personnel identified in the Agreement, specifying the effective date thereof, at least thirty (30) days prior to such date. Except as otherwise provided in this Agreement, the Department, in its sole discretion and in the best interests of the State of Washington, may terminate this Agreement in whole or in part by providing ten (10) calendar days written notice, beginning on the second day after mailing to the Subrecipient. Upon notice of termination for convenience, the Department reserves the right to suspend all or part of the Agreement, withhold further payments, or prohibit the Subrecipient from incurring additional obligations of funds. In the event of termination, the Subrecipient shall be liable for all damages as authorized by law. The rights and remedies of the Department provided for in this section shall not be exclusive and are in addition to any other rights and remedies provided by law. A.32 TERMINATION OR SUSPENSION FOR CAUSE In the event the Department, in its sole discretion, determines the Subrecipient has failed to fulfill in a timely and proper manner its obligations under this Agreement, is in an unsound financial condition so as to endanger performance hereunder, is in violation of any laws or regulations that render the Subrecipient unable to perform any aspect of the Agreement, or has violated any of the covenants, agreements or stipulations of this Agreement, the Department has the right to immediately suspend or terminate this Agreement in whole or in part. The Department may notify the Subrecipient in writing of the need to take corrective action and provide a period of time in which to cure. The Department is not required to allow the Subrecipient an opportunity to cure if it is not feasible as determined solely within the Department's discretion. Any time allowed for cure shall not diminish or eliminate the Subrecipient liability for damages or otherwise affect any other remedies available to the Department. If the Department allows the Subrecipient an opportunity to cure, the Department shall notify the Subrecipient in writing of the need to take corrective action. If the corrective action is not taken within ten (10) calendar days or as otherwise specified by the Department, or if such corrective action is deemed by the Department to be insufficient, the Agreement may be terminated in whole or in part. The Department reserves the right to suspend all or part of the Agreement, withhold further payments, or prohibit the Subrecipient from incurring additional obligations of funds during investigation of the alleged compliance breach, pending corrective action by the Subrecipient, if allowed, or pending a DHS-FEMA-HSGP-SHSP-FFY16 Page 18 of 25 Kittitas, County of, E17-075 decision by the Department to terminate the Agreement in whole or in part. In the event of termination, the Subrecipient shall be liable for all damages as authorized by law, including, but not limited to, any cost difference between the original Agreement and the replacement or cover Agreement and all administrative costs directly related to the replacement Agreement, e.g., cost of administering the competitive solicitation process, mailing, advertising and other associated staff time. The rights and remedies of the Department provided for in this section shall not be exclusive and are in addition to any other rights and remedies provided by law. If it is determined that the Subrecipient: (1) was not in default or material breach, or (2) failure to perform was outside of the Subrecipient's control, fault or negligence, the termination shall be deemed to be a "Termination for Convenience". A.33 TERMINATION PROCEDURES In addition to the procedures set forth below, if the Department terminates this Agreement, the Subrecipient shall follow any procedures specified in the termination notice. Upon termination of this Agreement and in addition to any other rights provided in this Agreement, the Department may require the Subrecipient to deliver to the Department any property specifically produced or acquired for the performance of such part of this Agreement as has been terminated. If the termination is for convenience, the Department shall pay to the Subrecipient as an agreed upon price, if separately stated, for properly authorized and completed work and services rendered or goods delivered to and accepted by the Department prior to the effective date of Grant Agreement termination, the amount agreed upon by the Subrecipient and the Department for (i) completed work and services and/or equipment or supplies provided for which no separate price is stated, (ii) partially completed work and services and/or equipment or supplies provided which are accepted by the Department, (iii) other work, services and/or equipment or supplies which are accepted by the Department, and (iv) the protection and preservation of property. Failure to agree with such amounts shall be a dispute within the meaning of the "Disputes" clause of this Agreement. If the termination is for cause, the Department shall determine the extent of the liability of the Department. The Department shall have no other obligation to the Subrecipient for termination. The Department may withhold from any amounts due the Subrecipient such sum as the Department determines to be necessary to protect the Department against potential loss or liability. The rights and remedies of the Department provided in this Agreement shall not be exclusive and are in addition to any other rights and remedies provided by law. After receipt of a notice of termination, and except as otherwise directed by the Department in writing, the Subrecipient shall: a. Stop work under the Agreement on the date, and to the extent specified, in the notice; b. Place no further orders or sub -contracts for materials, services, supplies, equipment and/or facilities in relation to this Agreement except as may be necessary for completion of such portion of the work under the Agreement as is not terminated; c. Assign to the Department, in the manner, at the times, and to the extent directed by the Department, all of the rights, title, and interest of the Subrecipient under the orders and sub -contracts so terminated, in which case the Department has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and contracts; d. Settle all outstanding liabilities and all claims arising out of such termination of orders and contracts, with the approval or ratification of the Department to the extent the Department may require, which approval or ratification shall be final for all the purposes of this clause; e. Transfer title to the Department and deliver in the manner, at the times, and to the extent directed by the Department any property which, if the Agreement had been completed, would have been required to be furnished to the Department; f. Complete performance of such part of the work as shall not have been terminated by the Department in compliance with all contractual requirements; and g. Take such action as may be necessary, or as the Department may require, for the protection and preservation of the property related to this Agreement which is in the possession of the Subrecipient and in which the Department has or may acquire an interest. DHS-FEMA-HSCP-SHSP-FFY16 Page 19 of 25 Kittitas, County of, E17-075 A.34 UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES (MWBE) The Subrecipient is encouraged to utilize business firms that are certified as minority-owned and/or women -owned in carrying out the purposes of this Agreement. The Subrecipient may set utilization standards, based upon local conditions or may utilize the state of Washington MWBE goals, as identified in WAC 326-30-041. A.35 WAIVERS No conditions or provisions of this Agreement can be waived unless approved in advance by the Department in writing. The Department's failure to insist upon strict performance of any provision of the Agreement or to exercise any right based upon a breach thereof, or the acceptance of any performance during such breach, shall not constitute a waiver of any right under this Agreement. A.36 VENUE This Agreement shall be construed and enforced in accordance with, and the validity and performance shall be governed by, the laws of the state of Washington. Venue of any suit between the parties arising out of this Agreement shall be the Superior Court of Thurston County, Washington. The Subrecipient, by execution of this Agreement acknowledges the jurisdiction of the courts of the State of Washington. DHS-FEMA-HSGP-SHSP-FFY16 Page 20 of 25 Kittltas, County of, E17-075 Exhibit C WORK PLAN FPY16 Homeland Security Grant (HSGP) State Homeland Security Program (SHSP) Kittitas County, Homeland Security Region 7 State Overview As the Pass-through Entity (PTE), the Washington State Military Department (WMD) Emergency Management Division's (EMD) Preparedness Grants Section (PGS), referenced as the Department, is responsible for ensuring federal funding is expended and programs implemented in full accordance with governing law and regulations. Eighty - percent of the state's award is allocated to local and tribal units of government in accordance with Federal guidelines. Washington State is divided into nine Homeland Security Regions, Funding is allocated to Regions according to a county base, population, and population density funding formula. The remaining twenty percent is allocated to state agencies using a sustainment funding model. Each Homeland Security Region and participating State Agency submitted projects that were included in the State's Investment Justification. The projects were further detailed in subprojects, which are the focus of the work plan. Region 7 Overview Investment This work plan supports the 2016 Washington State HSGP (SHSP) Investment Justification, Justification Investment #3 —Washington Regional Homeland Security Projects, Project #7 ---Region 7 Homeland Security (WAI6SHSP>INV-3>PROJ-7). Region 7 Homeland Security Funding will be utilized to close gaps in six identified capability areas: 1) Public Information and Warning -partial gaps identified in mass -notification capabilities to overall population. Assessment of public notification and outreach program during all -hazard response has identified a gap specific to communicating evacuation notification and information with limited English speaking persons; 2) Infrastructure Systems -not all critical infrastructure assets have been identified within the region and threats and hazards need to be assessed; WA16SHSP 3) Operational Communications -equipment updates are ongoing with local fire districts, law INV -3 agencies, EMS and other entities; multi-year project is underway to enhance communications PROJ — 7 interoperability across the region; 4) Interdiction and Disruption -Specialty tactics teams have a gap related to training and equipment specific to domestic terrorism and other terrorism risks. Tactical ballistic vests need replacement and there is a need for on -scene medical surge equipment; 5) Operational Coordination regional gap has been identified concerning the number of trained personnel available to staff Emergency Operation Centers due to attrition of personnel a significant Increase in EOC activations over the past two years; and 6) Community Resilience -continuation of regional public awareness outreach activities related to preparedness for man-made and natural all -hazard emergencies. DHS-FEMA-HSGP-SHSP-FFY16 Page 21 of 25 Kittitas, County of, E17-075 Washington Homeland Security Regions DHS-FEMA-HSGP-SHSP-FFY16 Page 22 of 26 Kittitas, County of, E17-075 wmirm L- �UfdIN.0�1 egion 6~ IIV4P*(� YxFML?.. �Reglo 8 w >t Region 7 is located in central/north-central Washington and consists of five counties and one federally recognized tribe with a total population of almost 300,000 people. The Region's five Membership counties are: Chelan, Douglas, Grant, Kittitas, and Okanogan. The Confederated Tribes of the Colville Reservation are considered to be a part of Region 7 and actively participate in regional activities; however, they do not receive any Homeland Security funds, but are supported by tribal funding, Terrorist targets include: • Hydroelectric facilities • Transportation • Public events • Industry Threats Primary all -hazard risks include: & Hazards • Wildland fires Landslides • Floods • Winter storms • Wind storms • Earthquakes Pandemic Incidents Region 7 is composed of Chelan, Douglas, Grant, Kittitas, and Okanogan Counties. The Governance responsibility of the Region 7 Homeland Security Coordinating Office and point of contact for the Region is rotated biannually, with each county serving in turn. Funding Region 7 funding is allocated using a base -plus -population formula. 50% of regional award is split Allocation evenly among the five counties; the remaining 50% is distributed to each of the counties based on Methodology population. Chelan Coun!y $ 65,725 Douglas County $ 49,294 16SHSP Funding Grant County $ 74,438 Allocation Kittitas Coun $ 50548 Okanogan County $ 50,357 TOTAL,,I,, 290,362 DHS-FEMA-HSGP-SHSP-FFY16 Page 22 of 26 Kittitas, County of, E17-075 Subprojects (by,Core Capability) Subproject #1 Interdiction and Disruption $ 24,650 The Anal of this subproject is to equip response personnel with adequate resources and protection to respond to terrorist attacks or threats within Region 7. The link to the approved project in the 16SHSP Investment Justification is — 4) Interdiction and Disruption -Specialty tactics teams have a gap related to training and equipment specific to domestic terrorism and other terrorism risks; tactical ballistic vests need replacement and there is a need for on -scene medical surge equipment. Gaps exists due to lack of equipment and aging equipment. The focus area for this funding cycle is equipping and training specialty teams. Funding will be used to purchase monitors and hard drives for a mobile forensics machine; a tactical pole camera; and heavy vests and ballistic plates for special teams. Additionally, some funding will be used to purchase tourniquets for responders. Funding will also be used to pay for the Sheriffs Office storage unit rental fees to safely store Items needed to respond to incidents. The desired outcome is for the Kittitas County Sheriffs Office and special teams to be adequately equipped to respond to and engage in life-saving and life- sustaining operations during terrorist attacks or threats, Subproject #2 Operational Coordination $ 25,898 The anal of this subproject is to enhance Operational Coordination for Region 7. The link to the approved project in the 16SHSP Investment Justification is — 5) Operational Coordination: A regional gap has been identified concerning the number of trained personnel available to staff Emergency Operation Centers due to attrition of personnel a significant increase in EOC activations over the past two years. Due to personnel turnover,ams exist the number of staff trained to respond to EOC activations. The primary focus areas for this funding cycle is training for EOC operations and fina will be used to pay for registrations and travel to trainings offered regional tactical response capabilities. Egad across the state and nation. Funding will also be used to support the annual county -wide active shooter exercise. The desired outcome is that regional operational coordination will continue to improve, resulting in improved synchronization within Region 7 in the event of a terrorism or all -hazards event. DHS-FEMA-HSGP-SHSP-FFY16 Page 23 of 25 Kittitas, County of, E17-075 Exhibit D TIMELINE FFY16 Homeland Security Grant Program (HSGP) State Homeland Security Program (SHSP) DATE —7 TASK The performance period for 16HSGP is September 1, 2016 — August 31, 2019 September 1, 2016 Grant Agreement Start Date January 1, 2017 Estimated date work will begin NLT March 31, 2017 Submit Progress Report NLT June 30, 2017 Submit Reimbursement Request and Progress Report NLT September 30, 2017 Submit Progress Report NLT December 31, 2017 Submit Reimbursement Request and Progress Report NLT March 31, 2018 Submit Reimbursement Request and Progress Report July 31, 2018 Estimated date work will end July 31, 2018 All work ceases; Grant Agreement End Date September 15, 2018 Submit Final Reimbursement Request and Closeout Reports* *Reports are due before final invoice will be reimbursed DHS-FEMA-HSGP-SHSP-FFY16 Page 24 of 25 Kittitas, County of, E17-075 Exhibit E BUDGET FFY16 Homeland Security Grant Program (HSGP) State Homeland Security Program (SHSP) DHS-FEMA-HSGP-SHSP-FFY1 6 Page 25 of 25 Kittitas, County of, E17-075 . .............. . ...... Organization ........ 667 667 SUBPROJECT #1 $ 2i, -- - --------- 23,983 Interdiction and Disruption Ip'InIng Exercise Subtotal $ 24,650 24,650_ krganizatlon SUBPROJECT 42 Operational Coordination Trainin Exercise 750 750 Salaries & Benefits ......._..,µ_,.,.µ,..w.,. $ M&A Goods & Services Travel/Per Diem $_ - Subtotal $ $ 50,548 Total Direct Costs $$ IndirectXX% $ totalGrant Agreement A:mount,. 50,548 -50,5,48 GRANTAGREEMENT CAPS the Subraciplent ensures The Personnel expenditures under this agreement will not exceed the percentage established within this budget, If the percentage Is greater than 50%, the personnel costs over 50% will not be reimbursed unless a personnel cap waiver Is approved by OHS, ............... ..................................................................................... ................................. The total expenditures meeting the Law Enforcement Terrorism Prevention (LETPA) eligibility will equal or exceed the percentage established within this budget. LETPA! $50,548 100% of Agreement Amount Cumulative transfers to SubproJecis in excess of 10%af the Grant Agreement Direct Casts amount will not be reimbursed without prior written authorization from the Department DHS-FEMA-HSGP-SHSP-FFY1 6 Page 25 of 25 Kittitas, County of, E17-075 Xw—ard heifer ATTACHMENT #1 16HSGP Award Documents EMW-2016-SS-00005-SO1 U.S. Department of Homeland Security Washington, D.C. 20472 Bret Daugherty Washington State Military Department Building 20 Camp Murray, WA 98430 - 5122 Re; Grant No eMW-2016.SS-00005 Dear Bret Daugherty' Congratulations, on behalf of the Department of Homeland Security, your application for financial assistance submitted under the Fiscal Year (FY) 2016 Homeland Security Grant Program has been approved in the amount of $13,272,953,00. You are not required to match this award With any amount of non -Federal funds Before you request and receive any of the Federal funds awarded to you, you must estabiish acceptance of the award. By accepting this award, you acknowledge that the terms of the following documents are incorporated into the terms of your award: • Agreement Articles (attached to this Award Letter) • Obligating Document (attached to this Award Letter) • FY 2016 Homeland Security Grant Program Notice of Funding Opportunity. Please make sure you read, understand, and maintain a copy of these documents in your official file for this award. In order to establish acceptance of the award and Its terms, please follow these Instructions. Step 1: Please tog In to the ND Grants system at https,Hportal,fema,gov, Step 2: After logging In, you will see the Home page with a Pending Tasks menu. Click on the Pending Tasks menu, select the Application sub -menu, and then click the link for "Award Offer Review" tasks. This link will navigate you to Award Packages that are pending review. Step 1. Click the Review Award Package icon (wrench) to review the Award Package and accept or decline the award. Please save or print the Award Package for your records, System for Award Management (SAM): Grant recipients are to keep all of their information up to date in SAM, in particular, your organizatiods name, address, DUNS number, EIN and banking Information. Please ensure that the DUNS number used in SAM is the same one used to apply for all FEMA awards, Future payments will be contingent on the information provided in the SAM, therefore, it is imperative that the information is correct. The System for Award Management is located at b92_// yffiW_$AM4QK_ If you have any questions or have updated your information in SAM, please let your Grants Management Specialist (GMS) know as soon as possible- This will help use to make the necessary updates and avoid any interruptions in the payment process BRIAN KAMOIE Agreement Ariicles' Thu Sep 0100:00:00 GMT 2016 U.S. Department of Homeland Security Washington, D.C. 20472 AGREEMENT ARTICLES Homeland Security Grant Program GRANTEE: Washington State Military Department PROGRAM: Homeland Security Grant Program AGREEMENT NUMBER: EMW2016-SS-00005-So1 TABLE OF CONTENTS Article I Assurances, Administrative Requirements, Cost Principles, Article IX and Audit Requirements Article II DMS Speck Acknowledgements and Assurances Article III Whistleblower Protection Act Article IV Use of DHS Seal, Logo and Flags Article V USA Patriot Act of 2001 Article VI Universal Identifier and System of Award Management Article XV (SAM) Article VII Reporting of Matters Related to Recipient Integrity and Article XVII Performance Article VIII Rehabilitation Act of 1973 Article IX Trafficking Victims Protection Act of 2000 Article X Terrorist Financing Article XI SAFECOM Article XII Reporting Subawards and Executive Compensation Article XIII Procurement of Recovered Materials Article XIV Patents and Intellectual Property Rights Article XV Notice of Funding Opportunity Requirements Article XVI Non -supplanting Requirement Article XVII Lobbying Prohibitions Article XVIII Limited English Proficiency (Civil Rights Act of 1964, Title VI) Article XIX Hotel and Motel Fire Safety Act of 1990 Article XX Fly America Act of 1974 Article XXI Best Practices for Collection and Use of Personally Identifiable Information (PII) Article XXII Americans with Disabilities Act of 1990 Article XXIII Age Discrimination Act of 1975 Article XXIV Activities Conducted Abroad Article XXV Acknowledgment of Federal Funding from DHS Article XXVI Federal Leadership on Reducing Text Messaging while Driving Article XXVII Federal Debt Status Article XXVIII False Claims Act and Program Fraud Civil Remedies Article XXIX Energy Policy and Conservation Act Article XXX Education Amendments of 1972 (Equal Opportunity in Education Act) - Title iX Article XXXI Duplication of Benefits Article XXXII Drug -Free Workplace Regulations Article XXXIII Debarment and Suspension Article XXXIV Copyright Article XXXV Civil Rights Act of 1958 Article XXXVI Civil Rights Act of 1954 - Title VI Article XXXVII Acceptance of Post Award Changes Article XXXVI II Prior Approval for Modification of Approved Budget Article XXXIX Disposition of Equipment Acquired Under the Federal Award Article XL Summary Description of Award Article XLI Operation Stonegarden Program Hold Article I - Assurances, Administrative Requirements, Cost Principles, and Audit Requirements DHS financial assistance recipients must complete either the Q StandardF' 4MAnisinces - Non-ConLtr &D RLQ_q[@m or ONIS Standard , F r 424D r' F r as applicable. Certain assurances in these documents may not be applicable to your program, and the DHS financial assistance office may require applicants to certify additional assurances, Applicants are required to fill out the assurances applicable to their program as instructed by the awarding agency, Please contact the financial assistance office if you have any questions, 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 atr9� and adopted by DHS at 2 Cf8.-PMX - Article II - DWS Specific Acknowledgements and Assurances All recipients, sub -recipients, 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 DMS. 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 award and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DMS regulations and other applicable laws or program guidance. 3. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. 4. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. 5 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 DHS financial assistance office and the DHS Office of Civil Rights ano _QJyJLjDgjM (CROL) by e-mail at gML*bggb1_qpy or by mail at U.S. Department of Homeland Security Office for Civil Rights and Civil Liberties Building 410, Mail Stop 90190 Washington, D.C. 20528, 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 OHS financial assistance office and the CRCL office by e-mail or mail at the addresses listed above, The United States has the right to seek judicial enforcement of these obligations, Article III - Whistleblower Protection Act All recipients must comply with the statutory requirements for whistleblower protections (if applicable) at 1QD_$_qL&gdpn 24-Q9, Al _Ua_0_.4M, and M_U U__ncftIoQ2a?_4 and 131.0. Article IV - Use of DHS Seal, Logo and Flags All recipients must obtain permission from their financial assistance office, prior to using the DHS seal(s), logos, crests of reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials, Article V . USA Patriot Act of 2001 All recipients must comply with requirements of the _U ft Strenot pf vim ,_aL qArV VD�g ,YBW-- . lReguired which amends JWgQ_aWfiQD_s175i_L% Article VI - Universal Identifier and System of Award Management (SAM) All recipients are required to comply with the requirements set forth in the government-w1de Award Term regarding the System for Award Management and Universal Identifier Requirements located at 2 P -P P0 r.1 the full text of which Is ,_ Incorporated here by reference In the terms and conditions of your award. Article VII - Reporting of Matters Related to Recipient Integrity and Performance If the total value of your currently active grants, cooperative agreements, and procurement contracts from all Federal assistance office exceeds $10,000,000 for any period of time during the period of performance of this Federal award, you 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. Patt, >LI the full text of which is incorporated here by reference in the terms and conditions of your award, Article VIII - Rehabilitation Act of 1973 All recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 197J,g 7. 4 , Q __as amended, which 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. Article IX - Trafficking Victims Protection Act of 2000 All recipients must comply with the requirements of the government -wide award term which implements Section 106(g) of the Trafficking Victims Protection Act of 2000, UVPA) as amended (22_U_a_Q._Wq2aM4), The award term is located at 2 CER sec qr,) ,5, the full text of which is incorporated here by refererce in the terms and conditions of your award. Article X -Terrorist Financing All recipients must comply with E.Qj._�M and U.S, law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. It Is the legal responsibility of recipients to ensure compliance with the Order and laws, Article XI - SAFECOM -4- All recipients who receive awards made under programs that provide emergency communication equipment and its related activities must comply with the.5_AEEQM Guidance for Emergency Communication Grants, Including provisions on technical standards that ensure and enhance interoperable communications. Article X11 - Reporting Subawards and Executive Compensation All recipients are required to comply with the requirements set forth in the government-wide Award Term on Reporting Subawards and Executive Compensation located at1.1Q_ApV9ngLix_& the full text of which is Incorporated here by reference In the terms and conditions of your award. Article XIII - Procurement of Recovered Materials All recipients must comply with Section 6002 of the as amended by the B-eAQ"r q_QQa-5e"qW BZgLft Ad The requirements of Section 6002 Include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at _4Q P_F,R;_.Bqd2E that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. Article XIV - Patents and Intellectual Property Rights Unless otherwise provided by law, recipients are subject to the Bavh-Qcle Act. Pub. L. No. 96-517. as amended, and codified in et seq. All recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards located at 37 CY. R. Part 401. and the standard patent rights clause located at 37 C.F.R. section 401.14. Article XV - Notice of Funding Opportunity Requirements All of the 'instructions, guidance, limitations, and other conditions set forth in the Notice of Funding Opportunity (NOFO) for this program are Incorporated here by reference In the terms and conditions of your award. All recipients must comply with any such requirements set forth In the program NOFO Article XVI - Non-supplanting Requirement All recipients who receive awards made under programs that prohibit supplanting by law must ensure that Federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non -Federal sources. Article XVII - Lobbying Prohibitions All recipients must comply with �n�, which provides that none of the funds provided under an award may be expended by the recipient to pay any person to influence, or attempt toinfluencean 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 concerning the award or renewal, Article XVIII - Limited English Proficiency (Civil Rights Act of 1964, Title VI) All recipients must comply with the Title VI of the Civil Rights Act of 1964 (Title VI) 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 gWj0gM&S-UlJjshed-heIodeoartmen( - i 0,gW, and additional resources on ht; gov, Article XIX - Hotel and Motel Fire Safety Act of 1990 In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, _0, all recipients must ensure that all conference, meeting, convention, or training space funded in whole or In part with Feder-al funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, Aqgfign2225, Article XX - Fly America Act of 1974 All recipients must comply with Preference for U.S_ Flag Air Carriers, (air carriers holding certificates under A9,J_J$..Q, 5ectign 41192) for Intemational air transportation of people and property to the extent that such service is available, in accordance with the Internatiowl Air Transportation Fair Competitive Practices Act of 1974 and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, jimndmont to Comptroller General Decision B-138942, Article XXI - Best Practices for Collection and Use of Personally Identifiable Information (PII) DHS defines personally identifiable information (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. All recipients who collect Pti are required to have a publlcally-available privacy policy that describes standards on the usage and maintenance of Pil they collect. Award recipients may also find as a useful resource the DMS Privacy Impact Assessments: Ejr Guid�nc and 2 kacy„ipjate respectively. Article XXII - Americans with Disabilities Act of 1990 All recipients must comply with the requirements of Titles 1, 11, and III of the Americans with Disabilities Act, 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. Article XXIII - Age Discrimination Act of 1975 All recipients must comply with the requirements of the Age Discrimination Act of W,which prohibits discrimination on the basis of age in any program or activity receiving Federal financial assistance Article XXIV - 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 XXV -Acknowledgment of Federal Funding from DHS All 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 XXVI - Federal Leadership on Reducing Text Messaging while Driving All recipients are encouraged to adopt and enforce policies that ban text messaging while driving as described in 1 3,; including conducting initiatives described in Section 3(a) of the Order when on official Government business or when performing any work for or on behalf of the federal government.. Article XXVII - 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, Seej f iulgr„A 1.2t Article XXVIII - False Claims Act and Program Fraud Civil Remedies All recipients must comply with the requirements of e n 7 - 3733 which prohibits the submission of false or fraudulent claims for payment to the Federal Government. See il-3Q2 which details the administrative remedies for false claims and statements made, Article XXIX - Energy Policy and Conservation Act All recipients must comply with the requirements of which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued In compliance with this Act. Article XXX - Education Amendments of 1972 (Equal Opportunity in Education Act) - True IX All recipients must comply with the requirements of Title IX of the Education Amendments of 1972 ( ), which provide that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving Federal financial assistance. DHS implementing regulations are codified at 0JJJ_E J 17 and 14_Q_f & dam Article XXXI - Duplication of Benefits Any cost allocable to a particular Federal award provided for in :2 " E R,,P 004 &DINrLE may not be charged to other Federal awards to overcome fund deficiencies, to avoid restrictions imposed by Federal statutes, regulations, or terms and conditions of the Federal awards, or for other reasons. However, this prohibition would not preclude a recipient form shifting costs that are allowable under two or more Federal awards In accordance with existing Federal statutes, regulations, or the terms and conditions of the Federal award. Article XXXII - Drug -Free Workplace Regulations All recipients must comply with the Drug -Free Workplace Act of 1988 (41 U. ;, ,ge„r Q1 which requires all organizations receiving grants from any Federal agency agree to maintain a drug-free workplace. DHS has adopted the Act's implementing regulations at-CE—art 30U1. Article XXXIII - Debarment and Suspension All recipients are subject to the non -procurement debarment and suspension regulations implementing Executive Orders 1254J and 12Q$9; and 2.Q F _R_Ppr 111 �Q, These regulations restrict awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities, Article XXXIV - Copyright All recipients must affix the applicable copyright notices of,17 U,S.C. sdrt-o�.,401 aL4Q2 and an acknowledgement of Government sponsorship (including award number) to any work first produced under Federal financial assistance awards, Article XXXV - Civil Rights Act of 1968 All recipients must comply with ill ,Vili_of,#tieC v,.il, 'l t� t„ ��, which prohibits reciplergs 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 �J.&Q.Lzg lL1Qn IV PA §Vq ), as Implemented by the Department of Housing and Urban Development at 24_QER_2Aft_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 244 C,F ,R; §QQgko ,QQ,=): Article XXXVI - Civil Rights Act of 1964 - Title VI All recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964 (42 U „ C. section,Y2Q ig ets ), 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. DWS implementing regulations for the Act are found at 6 g,F , J x ;21 and 44D2_E, Ez_dt 7. Article XXXVII - 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 writing, Once notification has been made, any subsequent request for funds will Indicate recipient acceptance of the changes to the award, Please call the FEMA/GMD Gall Center at (866) 927-5646 or via e-mail to ASK -GM d„tt%,gW if you have any questions, Article XXXViII - prior Approval for Modification of Approved Budget Before making any change to the DHS/FEMA approved budget for this award, you must request prior wrilten approval from DHS/FEMA where required by 2 C,F.R. Section 200.31)8. For awards with an approved budget greater than $150,1, you may not transfer funds among direct cost categories, programs, functions, or activities without prior written approval from DHS/FEMA where the cumulative amount of such transfers exceeds or is expected to exceed ten percent (10%) of the total budget DHSIFEMA last approved. You must report any deviations from your DHS/ FEMA approved budget In the first Federal Financial Report (5F-425) you submit following any butigetdeviation, regardless of whether the budget deviation requires prior written approval - Article XXXtX - Disposition of Equipment Acquired Under the Federal Award When original or replacement equipment acquired under this award by the recipient or its sub -recipients is no longer needed for the original project or program or for other activities currently or previously supported by DHSiFEMA, you roust request Instructions from DHS/FEMA to make proper disposition of the equipment pursuant to 2 CY.R. Section 200.313. -7 Article XL - Summary Description of Award The purpose of the FY 2016 HSGP is to support state and local efforts to prevent terrorism and other catastrophic events and to prepare the Nation for the threats and hazards that pose the greatest risk to the security of the United States. The HSGP provides funding to implement investments that build, sustain, and deliver the 32 core capabilities essential to achieving the National Preparedness Goal (the Goal) of a secure and resilient Nation. The building, sustainment, and delivery of these core capabilities are not exclusive to any single level of government, organization, or community, but rather, require the combined effort of the whole community, This HSGP award consists of State Homeland Security Program (SHSP) funding in the amount of $6,493,000.00, Urban Areas Security Initiative (UASI) funding in the amount of $5,430,000,00, and Operation Stonegarden (OPSG) funding in the amount of 51,349,953.00. The following counties and one tribe received Operation Stonegarden funds: Clallarn County, $265,463,00; Colville Tribe, $56,940.00; Ferry County, $85,500.00; Island County, $133,188.00; Jefferson County, $60,748.00; Okanogan County, $123,680.00; Pend Oreille County, $64,556.00; San Juan County, $123,580,00; Stevens County, $75,980,00; and Whatcom County, $340,418.00. Article XL1 - Operation Stonegarden Program Hold The recipients are prohibited from drawing down or reimbursing sub -recipients of Operation Stonegarden (OPSG) funding provided through this award until each unique, specific or modified county level, tribal or equivalent Operations Order and or Frag Order has been reviewed, and approved by official notification by DHS/FEMA and Customs and Border Protection/ United States Border Patrol (CBP/USBP). Each Operations Order will be transferred via the secure portal (CBP/USBP) BPETS system from each respective AOR Sector HQ to CBP/USBP HQ in Washington DC for review and pre -approval for Operational continuity, then forwarded to DHSIFEMA GPDfPGD OPSG Program Office for final review/approval.. Official notification of approval will be sent by DHS/FEMA via email to the respective State Administrative Agency (SAA) and CBP/ USBP HO In Washington DC, Personnel Fringe Benefits Travel Equipment Supplies Contractual Construction Indirect Charges Other .a- $0.00 $0.00 $0.00 $0.00 $0,00 $13,272,953.00 $0,00 $0,00 M 00 Obligating Doctuo ent for Award/Ain endinent Ia. AGREEMENT NO. 2, 3. RECIPIENT NO. 4. TYPE OF 5, CONTROL NO- EMW-2016-SS-00005-SO1 AMENDMEN1916001095G ACTION W510972N, W510975N, NO. AWARD W510973N 6, RECIPIENT MAIvIE AND 7, ISSUING FFMA OFFICE AND S. P.,\Y.,IvffiNT OFFICE AND ADDRESS ADDRESS ADDRESS Financial Services Branch Washington Suite Military Grant Operations 500 C Street, SM, Room 723 Department 245 Nfurray Lane - Building 410. SW Washington DC, 20472 Building 20 Washington DC, 20528-7000 Camp Murroy., WA, 98430 - POC: 866-927-5646 5122 9. NAME OF RE- C FPFENT PHONE NO. 10 NANM OF FENIA PROJECT COORDINATOR PROJECT OFFICER 253-312-7121 Centia I Scheduling and Information Desk Sierra Wardell Pho= 800-368-6498 Email: Askcsid@dhs.gov I I, EFFECTIVE DATE OF 12i 13. ASSIST ANCEARRANGENTENT 14. PERFORMANCE PERIOD TIES ACTION M13TUOD Cost Reimbursement From,. To: 09101 /2016 OF 09/01/2016 08/31/2019 PAYMENT Budget Period PARS 09/01/2016 08/31/2019 I5. DESCRIPTION OF ACTION a, (indicate funding data Cot awards or financial changes) PROGRAM C1 -1)A NO. ACCOUNT LNG DATA NAME (ACOS CODE) ACRONYM NINXII-x -xxKx-N%-XX-.N PRIOR AMOUNT CURRENT CMIULATIVE NON - TOTAL AWARDED TOTAL FEDERAL COi'v&flT3vfLNT AWARD THIS AWARD ACTION + OR Homeland 97:067 20 1 6 -SL -B I I I -P4 lQ- 4 101- S0.00 KA91000J)0 $6,493,000.0) See Totals Security D Grant Program Homeland 97,067 2016 -SL -B211-11410- -4101- StM S-5,430,000.1)0 $5,430,000.0) See Totals Security Grant Program Homeland 97.067 2016 -SL -Bl I 2-P414- -4 101. 50.00 $1,349,953.00 $1,349,953-1X) See Totals Security D Grant Program TMAIS $0.00 $13,272,953.01$13,272,953-01 $0,00 b. To describe changes other than funding data or financial changes, attach schedule and check here. N/A 16 a. FOR NON -DISASTER PROGRAX43): RECIPIENT IS REQUIRED TO SIGN AND RETLIRN THREE (3) COPIES OF THIS DOCQvMN,T TO FEMA (See Block 7 for address) Homeland Security Grant Program recipients are not required to sign and return copies of this document. However, recipients should print and keep a copy of this document for their records. 16b. FOR DISASTER PROGRAMS RECIPIENT ISNOT REQUIRED TO SIGN This assistance is subject to terms and conditions attached to this award notice or by incorporated reference in program legislation cited above, 17. RECIPIENT SIGNATORY OFFICIAL kName and Title) DATE Sierra Wardell, Preparedness Grants; Section Progani Manager 1 R. NEMA SK,NATORY ONNICIAL (Name and Title) ANDILEW MCLARTY , 1f�_ Ion Aug 23 3():24:3$ C;,\xr 2016 DATE Thu Jul 28 02:43:05 (,tN-PC 2016 Enter your TIN In the appropriate box. The TIN provided must match the name given on line 1 to avoid ( Social security number backup withholding. For individuals, this is generally your social security number ( However, far a Part page resident alien, sole proprietor, or disregarded entity, see the rt I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see Now to get a TIN on page 3. or Note. If the account is in more than one name, see the instructions for line 1 and the chart on page 4 for I Employer identification number guidelines on whose number to enter. 9 1— 6 1 0 1 0 1 3 1 4 1 9 Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be Issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all Interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S, person (defined below); and 4. The FATCA code(s) entered on this farm (if any) Indicating that I am exempt from FATCA reporting is correct, Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, Item 2 does not apply. For mortgage Interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on Daae 3. _ Signature f Here U.S. parse General Instructi Section references are to the In ernal Revenue Code unless otherwise noted. Future developments. Information about developments affecting Form W-9 (such as legislation enacted after we release it) is at www.frs.,gov/fw9, Purpose of Form An Individual or entity (Farm W-9 requester) who is required to file an Information return with the IRS must obtain your correct taxpayer Identificatlon number (rIN) which may be your social security number (SSN), individual taxpayer Identification number (ITIN), adoption taxpayer Identification number (ATIN), or employer identification number (EIN), to report on an Information return the amount paid to you, or other amount reportable on an Information return. Examples of Information returns Include, but are not limited to, the following: • Form 1099 -INT (Interest earned or paid) • Form 1099 -DIV (dividends, Including those from stocks or mutual funds) • Form 1099-MISC (various types of Income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) Dat®. / l 1%-t l • Form 1098 (home mortgage interest), 1098-8 (student loan Interest), 1098-T (tuftion) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S, person (Including a resident alien), to provide your correct TIN. If you do not Tatum Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding? on page 2. By signing the filled -out form, you: 1. Certify that the TIN you are giving is correct (or you are waking for a number to be Issued), 2, Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S, person, your allocable share of any partnership Income from a U,S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected Income, and 4. Certify that FATCA code(s) entered on this form (if any) Indicating that you are exempt from the FATCA reporting, is correct. See What is FATCA reporting? on page 2 for further information. Cat. No. 10231X Form W-9 (Rev. 12-2017) w-9 Form Request for Taxpayer Give Form to the (Rev. December 2014) Identification Number and Certification requester. Do not DepartmentoftheTreasuy send to the IRS. Irttemal Revenue Service 1 Name (as shown on your Income tax return). Name is required on this line; do not leave this line blank. County of Kittitas N 2 Business name/disregarded entity name, if different from above Kittitas County cL 3 Check appropriate box for federal tax classification; check only one of the following seven boxes: 4 Exemptions (codes apply only to o fn ❑ Individual/sole proprietor or ❑ C Corporation ❑ S Corporation ❑ Partnership ❑ Trust/estate certain entitles, not Individuals; sea Instructions an page 3); a c single -member LLC ❑ Umited liability company, Enter the tax classification (C=C corporation, S -S corporation, P=partnership) 10- Exempt payee code (if any) 3 `p Note. For a single -member LLC that Is disregarded, do not check LLC; check the appropriate box In the line above for Exemption from FATCA reporting the tax classification of the single -member owner. code Qf any) p� U Q Other (see instructions) ► (hapFos fon—nfsmalnfalnadovIodoOw U,S.J 5 Address (number, street, and apt. or suite no.) Requester's name and address (optional) 205 West 5th Ave Suite 105 0 City, state, and ZIP code cnn Ellensburg WA 98926 7 Ust account numbers) here (optional) • Taxpayer Identification Number (TIN) Enter your TIN In the appropriate box. The TIN provided must match the name given on line 1 to avoid ( Social security number backup withholding. For individuals, this is generally your social security number ( However, far a Part page resident alien, sole proprietor, or disregarded entity, see the rt I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see Now to get a TIN on page 3. or Note. If the account is in more than one name, see the instructions for line 1 and the chart on page 4 for I Employer identification number guidelines on whose number to enter. 9 1— 6 1 0 1 0 1 3 1 4 1 9 Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be Issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all Interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S, person (defined below); and 4. The FATCA code(s) entered on this farm (if any) Indicating that I am exempt from FATCA reporting is correct, Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, Item 2 does not apply. For mortgage Interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on Daae 3. _ Signature f Here U.S. parse General Instructi Section references are to the In ernal Revenue Code unless otherwise noted. Future developments. Information about developments affecting Form W-9 (such as legislation enacted after we release it) is at www.frs.,gov/fw9, Purpose of Form An Individual or entity (Farm W-9 requester) who is required to file an Information return with the IRS must obtain your correct taxpayer Identificatlon number (rIN) which may be your social security number (SSN), individual taxpayer Identification number (ITIN), adoption taxpayer Identification number (ATIN), or employer identification number (EIN), to report on an Information return the amount paid to you, or other amount reportable on an Information return. Examples of Information returns Include, but are not limited to, the following: • Form 1099 -INT (Interest earned or paid) • Form 1099 -DIV (dividends, Including those from stocks or mutual funds) • Form 1099-MISC (various types of Income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) Dat®. / l 1%-t l • Form 1098 (home mortgage interest), 1098-8 (student loan Interest), 1098-T (tuftion) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S, person (Including a resident alien), to provide your correct TIN. If you do not Tatum Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding? on page 2. By signing the filled -out form, you: 1. Certify that the TIN you are giving is correct (or you are waking for a number to be Issued), 2, Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S, person, your allocable share of any partnership Income from a U,S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected Income, and 4. Certify that FATCA code(s) entered on this form (if any) Indicating that you are exempt from the FATCA reporting, is correct. See What is FATCA reporting? on page 2 for further information. Cat. No. 10231X Form W-9 (Rev. 12-2017) Washington Military Department Contract Number: Debarment, Suspension, Ineligibility or Voluntary Exclusion Certification Form NAMEt��1 % //� Doing business as (DBA) ! C _ ADDRESS (ae-Jr 5f a-e',o Applicable Procurement WA Uniform Business Federal Employer Tax or Solicitation #, if any: Identifier (UBI) Identification #: Oleixs bur, td,- q .,_(. 192,,0(1Z�-7P0n/3 This certification Is submitted as part of a request to contract. Instructions For Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Covered Transactions READ CAREFULLY BEFORE SIGNING THE CERTIFICATION. Federal regulations require contractors and bidders to sign and abide by the terms of this certification, without modification, in order to participate in certain transactions directly or indirectly involving federal funds. 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the department, institution or office to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under the applicable CFR, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant In a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under applicable CFR, debarred, suspended, ineligible, or voluntarily excluded from covered transactions, unless it knows that the certification is erroneous, A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Non -procurement Programs. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business activity. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under applicable CFR, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Covered Transactions The prospective lower tier participant certifies, by submission of this proposal or contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this f rftf." -- h Bidder or Contractor Signature: Date: /I/ 1 Print Name and Title: G uoy me 2 CFR Part 200 Subpart F Audit Certification Form Audits of States, Local Governments, Indian Tribes, and Non -Profit Organizations _ Contact Information Subrecipient Name (Agency, Local Government, or Organization): Kittitas County Authorized Chief Financial Officer (central accounting office): , )"eY 01u°r Address:/ Email: jury.r?(e5.5 y. ap.4Hi4,1TS.Ld®. ('tj Phone#: Purpose: As a pass-through entity of federal grant funds, the Washington Military DepartmenUEmergency Management Division (Department) is required by 2 CFR Part 200 Subpart F to monitor activities of subrecipients to ensure federal awards are used for authorized purposes and verify that subrecipients expending $750,000 or more in federal awards during their fiscal year have met the 2 CFR Part 200 Subpart F Audit Requirements. Your entity is a subrecipient subject to such monitoring by MIL/EMD because it is a non-federal entity that expends federal grant funds received from the Department as a pass-through entity to carry out a federal program. 2 CFR Part 200 Subpart F should be consulted when completing this form. Directions: As required by 2 CFR Part 200 Subpart F, non-federal entities that expend $750,000 in federal awards in a fiscal year shall have a single or program -specific audit conducted for that year. If your entity Isnot subject to these requirements, you must complete Section A of this Form. If your entity Is subject to these requirements, you must complete Section 8 of this form. When completed, you must sign, date, and return this form with your grant agreement and every fiscal year thereafter until the grant agreement is closed, Failure to return this completed Audit Certification Form may result in delay of grant agreement processing, withholding of federal awards or disallowance of costs, and suspension or termination of federal awards. SFCTION:A. Entities NOT sub'ect to the audit re uirements of 2 CFR Part 200 Sub art F Our entity is not subject to the requirements of 2 CFR Part 200 Subpart F because (check all that apply): ❑ We did not expend $750,000 or more of total federal awards during the fiscal year. ❑ We are a for-profit agency. ❑ We are exempt for other reasons (describe): However, by signing below, I agree that we are still subject to the audit requirements, laws and regulations governing the program(s) in which we participate, that we are required to maintain records of federal funding and to provide access to such records by.federal and state agencies and their designees, and that WMD/EMD may request and be provided access to additional Information and/or documentation to ensure proper stewardship of federal funds. SECTION B: Entities khat ARE subect'to the audit requirements of 2<CFR Part 200 Subpart (Complete the information below and check theta "ro riate bax We completed our last 2 CFR Part 200 Subpart F Audit on [enter date] ql.Lq 4 for Fiscal Year ending [enter date] 10 There were no findings related to federal awards from WMD/EMD. No follow-up action is required by WMD/EMD as the pass-through entity. A complete copy of the audit report, which includes exceptions, corrective action plan and management response, is either provided electronically to contracts. ice mil.wa. ov or provide the state auditor report number: ❑ We completed our last 2 CFR Part 200 Subpart F Audit on (enter date] for Fiscal Year ending [enter date] There were findings related to federal awards. A complete copy of the audit report, which includes exceptions, corrective action plan and management response, is either provided electronically to cont acts.office mil.wa. ov or provide the state auditor report number: ❑ Our completed 2 CFR Part 200 Subpart F Audit will be available on _ [enter date] for Fiscal Year ending (enter date]. We will provide electronic copy of the audit report to c ntr ts.office mil.wa.' ov at that time or provide the state auditor report number: I hereby certify that I am an individual authorized by the above identified entity to complete this form. Further, I certify that the above information is true and correct and all relevant material findings contained in audit report/statement have been disclosed. Additionally, I understand this Form is to be submitted every fiscal year for which this entity is a subrecipient df federal award funds from the Department until the grant agreement is closed. Signature of Authorized Chief Financial Officer: Date, Ili' l Print Name & Title:�r� Subrecipient Agency: Kittitas Countv Grant and Year: Homeiand Seculrity Grant 2016 Agreement Number: E17-075 Completed Darren Higashiyama by: Commander (509) 933-8206 Name Title Telephone Date Completed: 11 /16/2016 �y. „'.'''�.��IS fl.�� �%3b a;"li.�tfi S" ow:..F... i`t5 r'n-... h->9f✓..�*r. � $ . :. ,.-. YES STOP, no further NO Is your grant agreement less than $25,000? a analysis needed, a GO to Step 2 GO to Step 6 In your preceding fiscal year, did your YES NO STOP, no further organization receive 80% or more of its annual1:1GO to STEP 3 ❑ analysis needed, GO to gross revenues from federal funding? Step 6 1111 AW ST1 IA S,- ' MM ME In your preceding fiscal year, did your YES NO STOP, no further organization receive $25,000,000 or more in 9 FL GO to STEP 4 analysis needed, GO to Y federal funding? -1 Step 6 F fid'• t_, 3_ QST}Eia* 6 Does the public have access to information about YES STOP, no further NO the total compensation* of senior executives in analysis needed, GO to STEP 5 your organization? GO to step 6 ❑ ., Name: Executive #1 Total Compensationamount: $ Executive #2 Name: Total Compensation amount: $ Name: Executive #3 Total` Compensation amount: $ Executive #4 Name: Total Compensation amount: $ Name: Executive #5 Total Compensation amount: $ ------------- If your organization does not meet these criteria, specifically identify below each criteria that is not met for your organization: For Example: "Our organization received less than $25.000." SignatureDate: If 116116 N� `Total compensation refers to: • Salary and bonuses • Awards of stock, stock options, and stock appreciation rights • Other compensation including, but not limited to, severance and termination payments • Life insurance value paid on behalf of the employee Additional Resources: http://www,whitehouse.goy/oc Vopen hUp://www.hrsa,goy/Arants/ffata.html http://www, apo.aov/fdsys/pka/FR-2010-09-14/r)df/2010-22705. pdf http://www.prants.gov/ Page 1 of 3 SIGNATURE AUTHORIZATION FOR WASHINGTON STATE MILITARY DEPARTMENT Camp Murray, Washington 98430-5122 Please read instructions on reverse side before completing this form. NAME OF ORGANIZATION DATE SUBMITTED Kittitas County Sheriffs Office 11/16/2016 PROJECT DESCRIPTION CONTRACT NUMBER Homeland Security Grant FFY 2016 E17-075 1. AUTHORIZING AUTHORITY SIGNATURE PRINT OR TYPE NAME TITLE/TERM OF OFFICE Gene Dana Sheriff / 2019 2. AUTHORIZED TO SIGN CONTRACTS/CONTRACT AMENDMENTS SIGNATURE PRINT OR TYPE NAME TITLE Gene Dana Sheriff 3. AUTHORIZED TO SIGN REQUESTS FOR REIMBURSEMENT SIGNATURE PRINT OR TYPE NAME TITLE w � Darren Higashiyama Commander Heather Seibert Chief Financial Manager 11NAC-11VOL11HOMEIKARENBI.,..iWP\SIGNAUTH Rev1sed 3/03