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HomeMy WebLinkAboutSH18-019 17HSGP-Vendor Signed GrantWashington State Military Department R ~ ~ G ~ V ~ D HOMELAND SECURITY GRANT PROGRAM AGREEMENT FACE SHEET w ~D ~ ~ ~n~~ 1 . Subrecipient Name and Address:2.Grant Agreement Amount:3. Grant Agreement Number: Kittitas County Sheriff's Office $50,416 E~~3~NTRACTS307 W 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 09/01/2017 08/31/2019Barren. higashiyama@co. kittitas.wa. us 7. Department Contact, phone/email:8. Data Universal Numbering System (DUNS):9. UBI # (state revenue): M ichael Alston, (253) 512-7083 michael.alston@mil.wa.gov 010202547 192-002-673 1 0. Funding Authority: Washington State Military Department (the "Department') and the U.S. Department of Homeland Security (DHS 1 1. Federal Funding Identification #:12. Federal Award Date:13. Catalog of Federal Domestic Assistance (CFDA) # &Title: EMW-2017-SS-00101-S01 08/31/2017 97.067 - HSGP 17SHSP) 1 4. Total Federal Award Amount:15. Program Index # & OBJ/SUB-OBJ:16. TIN: $13,204,851 773SZ, 773SH, 773SB, 773SL, 773SC, 773SQ / NZ N/A 1 7. Service Districts:18. Service Area by County(ies):19. Women/Minority-Owned, State BY LEGISLATIVE DISTRICTS: 13 Kittitas Certified? X N/A q NO BY CONGRESSIONAL DISTRICTS: 8 q YES, OMWBE # 20. Agreement Classification 21. Contract Type (check all that apply): q Personal Services ❑Client Services X PubliclLocal Gov't ❑Contract X Grant X Agreement q Research/Development q A/E ❑Other ❑Intergovernmental (RCW 39.34) q Intera ency 22. Subrecipient Selection Process:23. Subrecipient Type (check all that apply) X "To all who apply &qualify" ❑Competitive Bidding q Private Organization/Individual ❑For-Profit q Sole Source q A/E RCW q N/A X Public Organization/Jurisdiction X Non-Profit q Filed w/OFM? ❑Advertised? ❑YES ❑NO ❑CONTRACTOR X SUBRECIPIENT ❑OTHER 24. PURPOSE &DESCRIPTION: The purpose of the Federal Fiscal Year (FFY) 2017 Homeland Security Grant Program (17HSGP) 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. 17HSGP 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. 17HSGP suppoRs 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 17HSGP Award EMW-2017-SS-00101-S01, 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 SubrecipienYs Scope, Schedule, and Budget for the subaward are detailed in Attachment 2. I N 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); Attachments 1 and 2; 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 arties hereto. I n 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. Scope, Schedule, and Budget 6. Other provisions of the Agreement incorporated by reference. W HE S, the parties hereto have executed this Agreement on the day and year last specified below. F T DEPART ENT: FOR THE S1~SRECI'PlE'y ,yi~~- ~:-- -~,~: ~i~zlzz~~- Signat re ,~ Date Signature -~ Date Regan Anne Hesse, Chief Financial Officer Gene Dana, Sheriff Washington State Military Department Kittitas County Sheriff's Office BOILERPLATE APPROVED TO FORM:APPROVED AS TO FORM (if applicable):Signature on File (10/26/2017) Brian E. Buchholz, Assistant Attorney General Applicants Legal Review Date Form 09/09/2015 mll DHS-FEMA-HSGP-SHSP-FFY17 Page 1 of 35 Kittitas County, E18-180 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 darren.higashiyama@co.kittitas.wa.us E-Mail michael.alston mil.wa. ov Phone 509-933-8206 Phone 253-512-7083 Name Heather Seibert Name Sierra Wardell Title Chief Financial Manager Title Section Su ervisor E-Mail heather.seibert.sh@co.kittitas.wa.us E-Mail sierra.wardell mil.wa. ov Phone 509-962-7099 Phone 253-512-7121 Name Name Dalton Gamboa Title Title Pro ram Assistant E-Mail E-Mail dalton.gamboa@mil.wa.gov Phone Phone 253-512-7044 ARTICLE II -- 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 D HS/FEMA applicable to the 17HSGP Program, including, but not limited to, all criteria, restrictions, and requirements of the "Department of Homeland Security Notice of Funding Opportunity Fiscal Year 2017 Homeland Security Grant Program" document, the DHS Award LetterforGrant Number EMW-2017-SS-00101- S01,and the federal regulations commonly applicable to DHS/FEMA grants, all of which are incorporated herein b y 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 8~ CONTRACTS BY SUBRECIPIENTS a. The Subrecipient must make acase-by-case determination whether each agreement it makes for the disbursement of 17HSGP 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 apass-through entity by making a subaward to anon-federal entity as its subrecipient: The Subrecipient must comply with all federal laws and regulations applicable to pass- through entities of 17HSGP funds, including, but not limited to, those contained in 2 CFR 200. 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 DHS/FEMA applicable to the 1 7HSGP Program, including, but not limited to, all criteria, restrictions, and requirements of the "Department of Homeland Security Notice of Funding Opportunity Fiscal Year 2017 Homeland Security Grant Program" document, the DHS Award Letter for Grant No. EMW- 2017-SS-00101-S01 in Attachment 1, and the federal regulations commonly applicable to D HS/FEMA grants DHS-FEMA-HSGP-SHSP-FFY17 Page 2 of 35 Kittitas County, E18-180 iii. The Subrecipient shall be responsible to the Department for ensuring that all 17HSGPfederal 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. BUDGET, REIMBURSEMENT, AND TIMELINE 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 G rant Agreement Amount. c. If the Subrecipient chooses to include indirect costs within the Budget (Attachment 2), an indirect cost rate agreement negotiated between the federal cognizant agency for indirect costs and the Subrecipient establishing approved indirect cost rates) as described in 2 CFR 200.414 and A ppendix 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 approved negotiated indirect cost rate percentage for the time period of the expenditures. 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's 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 i nternal 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 httq://www.gsa.qov, 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(a~mil.wa.gov no later than the due dates listed within the Timeline (Attachment 2), 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 d ue date in the Timeline (Attachment 2) and instead submit those costs on the next scheduled reimbursement due date contained in the Timeline. g. Any request for extension of a due date in the Timeline (Attachment 2) 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 a nd issued by the Department. DHS-FEMA-HSGP-SHSP-FFY17 Page 3 of 35 Kittitas County, E18-180 i. No costs for purchases of equipmenUsupplies will be reimbursed until the related equipment/supplies have been received by the Subrecipient, its contractor, or any non-federal e ntity to which the Subrecipient makes a subaward, and is invoiced by the vendor. j. Failure to timely submit complete reports 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 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 among project budgets, as identified in the Scope and Budget (Attachment 2), 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 otherthan the receipt or expected receipt of federal funds. 3. REPORTING a. The Subrecipient shall submit with each reimbursement request a report indicating the status of activities (Attachment 2) 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(a) of Public Law 110-252 (see 31 U.S.C. 6101 note) and complete and return to the Department the FFATA Form located at http://mil.wa.gov/emergency-management- division/grants/requiredgrantForms; which is incorporated by reference and made a part of this Agreement. c. SHSP & UASI Subrecipients 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: U pon successful completion of the terms of this Agreement, all equipment and supplies p urchased 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. A ll equipment, and supplies as applicable, purchased under this Agreement will be recorded a nd maintained in the Subrecipient's inventory system. i ii. Inventory system records shall include: A. description of the property B. manufacturer's serial number, model number, or other identification number; C. the source of funding for the equipment, including the Federal Award Identification N umber (FAIN) D. Catalog of Federal Domestic Assistance (CFDA) number E. who holds the title F. acquisition date G. cost of the equipment and the percentage of federal participation in the cost H. location, use and condition of the equipment at the date the information was reported, a nd I. disposition data including the date of disposal and sale price of the property. DHS-FEMA-HSGP-SHSP-FFY17 Page 4 of 35 Kittitas County, E18-180 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 d etermined by the physical inspection and those shown in the records shall be investigated b y the Subrecipient to determine the cause of the difference. The Subrecipient shall, in 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. v i. 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. v ii. The Subrecipient must obtain and maintain all necessary certifications and licenses for the equipment. v iii. If the Subrecipient is authorized or required to sell the property, proper sales procedures m ust be established and followed to ensure the highest possible return. A. For disposition, if upon termination or at the Grant Agreement End Date, when original o r replacement supplies or equipment acquired under a federal award are no longer needed for the original project or program or for other activities currently or previously supported by a federal awarding agency, the Subrecipient must comply with the following procedures: B. For Supplies: If there is a residual inventory of unused supplies exceeding $5,000 in total aggregate value upon termination or completion of the project or program and the supplies are not needed for any other federal award, the Subrecipient must retain the supplies for use on other activities or sell them, but must, in either case, compensate the federal government for its share. The amount of compensation must be computed i n the same manner as for equipment. C. For Equipment: 1) Items with a current per-unit fair-market value of $5,000 or less may be retained, sold, or otherwise disposed of with no further obligation to the federal awarding agency. 2) Items with a current per-unit fair-market value in excess of $5,000 may be retained o r sold. The Subrecipient shall compensate the federal awarding agency in accordance with the requirements of 2 CFR 200.313 (e) (2). ix. 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 u ntil 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 i ncorporated by reference and made part of this Agreement. No reimbursement will be provided u nless the appropriate approval has been received. c. Allowable equipment and supply categories for 17HSGP are listed on the Authorized Equipment List (AEL) located on the FEMA website at http://www.fema.gov/authorized-equipment-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 A EL as an authorized purchasing list identifying items allowed under the specific grant program, a nd 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 DHS-FEMA-HSGP-SHSP-FFY17 Page 5 of 35 Kittitas County, E18-180 purchased items under this Agreement are authorized as allowed items by the AEL at time of p urchase. 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 D HS/FEMA adopted standards to be eligible for purchase using federal award funds. e. For OPSG Subrecipients, equipment purchased with DHS federal award funds is to be marked with "Purchased with funds provided by the U.S. Department of Homeland Security" when practicable. 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 d istributors. Purchases of pharmaceuticals must include a budgetforthe disposal of expired drugs within each fiscal year's period of performance for 17HSGP. The cost of disposal cannot be carried over to another DHS/FEMA grant or grant period. 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 m akes a subaward of federal award funds under this Agreement. E NVIRONMENTAL AND HISTORICAL PRESERVATION The Subrecipient shall ensure full compliance with the DHS/FEMA Environmental Planning and Historic Preservation (EHP) Program. EHP program information can be found at https://www.fema.gov/office-environmental-planning-and-historic-preservation, all of which are i ncorporated in and made a part of this Agreement. a. The Subrecipient proposing projects that have the potential to impact the environment, including, b ut not limited to, construction of communication towers; modification or renovation of existing b uildings, 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 b uildings, including minimally invasive improvements such as attaching monitors to interior walls, a nd 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 includes the entire scope of work, including any alternatives that may be under consideration, 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 EHP 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.11. 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 a ny non-federal entity to which the Subrecipient makes a subaward. 7. 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- DHS-FEMA-HSGP-SHSP-FFY17 Page 6 of 35 Kittitas County, E18-180 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 CFRPart 200 Subpart F. 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 http://mil.wa.gov/emergencv-management-division/q rants/requiredgrantforms with thesigned Agreement and each fiscal year thereafter until the Agreement is closed, which isincorporated 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 i i. monitoring and documenting the completion of Agreement deliverables iii. documentation of phone calls, meetings, e-mails, and correspondence iv. review of reimbursement requests and supporting documentation to ensure allowability and consistency with Attachment 2, 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. Compliance will be monitored throughout the performance period to assess risk. Concerns will be addressed through a Corrective Action Plan. 8. 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 E nglish 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, DHS Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition against National Origin Discrimination Affecting Limited E nglish Proficient Persons, 76 Fed. Reg. 21755-21768, (April 18, 2011). The Guidance provides h elpful 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 plan on language assistance for LEP persons. For additional assistance and information regarding language access o bligations, please refer to the DHS Recipient Guidance at https://www.dhs.gov/guidance-published- help-department-supported-organizations-provide-meaningful-access-people-limited and additional resources on http://www.lep.aov. 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 m ultiple 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 d isciplines to ensure effective and integrated preparedness, planning, and response. NIMS e mpowers the components of the National Preparedness System, a requirement of Presidential DHS-FEMA-HSGP-SHSP-FFY17 Page 7 of 35 Kittitas County, E18-180 Policy Directive 8, to guide activities within the public and private sector and describes theplanning, organizational activities, equipping, training and exercising needed to build and sustainthe core capabilities in support of the National Preparedness Goal. I n order to receive FFY 2017 federal preparedness funding, to include HSGP, the Subrecipientwill ensure all NIMS objectives have been initiated and/or are in progress toward completion.NIMS Implementation Objectives are located at https://www.fema.gov/media- librarv/assets/documetns/130743. B. HSGP SPECIFIC REQUIREMENTS 1 . 17HSGP stipulates the following for overall grant funding; specific caps or thresholds for thisAgreement may differ: a. Up to 5% percent of the HSGP award received by the Department may be used for managementand administrative (M&A) purposes directly related to administration of the HSGP grant. Themaximum percentage of the Grant Agreement Amount that may be used by the Subrecipient forM&A costs under this Agreement is identified in the Budget (Attachment 2), and may be less than,b ut 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 (Attachment 2) and may differ from the combined 25% requirement. If the Subrecipient anticipates spending less than the indicated amount on LETPA activities as indicated in the Budget (Attachment 2), a budget amendment is required. 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 (Attachment 2) and may d iffer from the 50% HSGP limit. If the Subrecipient anticipates spending an amount different than what's in the Budget (Attachment 2), a budget amendment is required. 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 U rban 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, United States Border Patrol, 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 i nternational 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 Scope (Attachment 2), as approved by the Department, and in compliance with this Agreement. 6. Subrecipients are required to develop amulti-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 hseep(a~fema.dhs.gov and emd.traininq(ci)mil.wa.gov no later than June 1st 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 m ust be prepared and submitted to hseep(a~fema.dhs.gov and emd.traininq(a~mil.wa.pov. Further information regarding the use of HSEEP can be found at https://hseep.preptoolkit.orq/. DHS-FEMA-HSGP-SHSP-FFY17 Page 8 of 35 Kittitas County, E18-180 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 I dentification and Risk Assessment (THIRA), core capabilities assessment, and data calls. C. DHS FFY17 HSGP TERMS AND CONDITIONS As a subrecipient of 17HSGP program funding, the Subrecipient shall comply with all applicable DHS terms and conditions of the 17HSGP Award Letter and its incorporated documents for DHS Grant No. E MW-2017-SS-00101-S01, which are incorporated in and made a part of this Agreement as Attachment 1. DHS-FEMA-HSGP-SHSP-FFY17 Page 9 of 35 Kittitas County, E18-180 Exhibit B Washington State Military Department GENERAL TERMS AND CONDITIONS Department of Homeland Security (DHS)/ Federal Emergency Management Agency (FEMA) Grants A.1 DEFINITIONS As used throughout this Agreement, the 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: a. "Agreement" means this Grant Agreement. b. "Department" means the Washington State Military Department, as a 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 a federal award directly from a federal awarding agency and is the pass-through entity making a subaward to a subrecipient u nder this Agreement. c. "Subrecipient" when capitalized is primarily used throughout this Agreement in reference to the non-federal entity identified on the Face Sheet of this Agreement that has received a subaward from the Department. However, the definition of "subrecipienY' is the same as in 2 CFR 200.93 for all other purposes. d. "Monitoring Activities" means all administrative, financial, or other review activities that are conducted to ensure compliance with all state and federal laws, rules, regulations, authorities and policies. e. "Investment" means the grant application submitted by the Subrecipient describing the projects) for which federal funding is sought and provided under this this Agreement. Such grant a pplication is hereby incorporated into this Agreement by reference. A.2 ADVANCE PAYMENTS PROHIBITED The Department shall make no payments in advance or in anticipation of goods or services to be provided u nder this Agreement. Subrecipient shall not invoice the Department in advance of delivery and invoicing of such goods or services. A.3 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 i ncorporated herein until made in writing and signed by the authorized representatives of the Department a nd the Subrecipient. No other understandings or agreements, written or oral, shall be binding on the parties. A.4 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 i ndividuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunication. A.5 ASSURANCES The Department and Subrecipient agree that all activity pursuant to this Agreement will be in accordance with all the applicable current federal, state and local laws, rules and regulations. A.6 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 Agreement by any federal department or agency. The Subrecipient shall complete, sign, and return a Certification Regarding Debarment, Suspension, I neligibility, and Voluntary Exclusion form located at httq://mil.wa.gov/emergencv-management- division/grants/reauiredgrantforms. Any such form completed by the Subrecipient for this Agreement shall be incorporated into this Agreement by reference. DHS-FEMA-HSGP-SHSP-FFY17 Page 10 of 35 Kittitas County, E18-180 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 e nsure 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 anon-procurement transaction (e.g. grant or cooperative agreement) that are expected to equal or exceed $25,000, and subawards to subrecipients for any a mount. With respect to covered transactions, the Subrecipient may comply with this provision by o btaining a certification statement from the potential contractor or subrecipient or by checking the System for Award Management (http://www.sam.gov) 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" (https://secure.lni.wa.qov/debarandstrike/ContractorDebarList.asgx). 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 (http://www.des.wa.qov/services/ContractingPurchasinq/Business/PagesNendor-Debarment.aspx). A.7 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 i n connection with the awarding of any federal contract, the making of any federal grant, the making of a ny 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 i nfluencing 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 a pplicable, 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 1 352, title 31, U.S. Code. A.8 CONFLICT OF INTEREST N o 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 u ndertaken 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.9 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), DHS-FEMA-HSGP-SHSP-FFY17 Page 11 of 35 Kittitas County, E18-180 State Building Code (RCW 19.27), Energy Related Building Standards (RCW 19.27A), Provisions in B uildings for Aged and Handicapped Persons (RCW 70.92), and safety and health regulations. I n the event of noncompliance or refusal to comply with any applicable law, regulation, executive order, O MB 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.10 CONTRACTING &PROCUREMENT 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 shall be in accordance with 2 CFR Part 200.318 General procurement standards through 200.326 Contract Provisions. As required by Appendix II to 2 CFR Part 200, all contracts entered into by the Subrecipient under this Agreement must include the following provisions, as applicable: 1) Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, m ust address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. 2) 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. 3) 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 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 1 2935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and i mplementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." 4) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-federal e ntities must include a provision for compliance with the Davis-Bacon Act (40 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 Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. 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 or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti-Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. 5) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the e mployment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under DHS-FEMA-HSGP-SHSP-FFY17 Page 12 of 35 Kittitas County, E18-180 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or u nder working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily a vailable on the open market, or contracts for transportation or transmission of intelligence. 6) Rights to Inventions Made Under a Contract or Agreement. If the federal award meets the d efinition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 7) Clean Air Act (42 U.S.C. 7401-7671 q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended —Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q} and the Federal Water Pollution Control Act as amended (33 U.S.C. 1 251-1387). Violations must be reported to the federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 8) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the government-wide exclusions in the System forAward Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties d eclared ineligible under statutory or regulatory authority other than Executive Order 12549. 9) 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 or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, 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 to the non-federal award. 10) Procurement of recovered materials -- As required by 2 CFR 200.322, anon-federal entity that is a state agency or agency of a political subdivision of a state 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 guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy a nd resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 1 1) Notice of awarding agency requirements and regulations pertaining to reporting. 1 2) Federal awarding agency requirements and regulations pertaining to copyrights and rights in d ata. DHS-FEMA-HSGP-SHSP-FFY17 Page 13 of 35 Kittitas County, E18-180 The Department retains the sole discretion to determine whether a valid claim for an exemption from the a udit requirements of this provision has been established. The Subrecipient shall include the above audit requirements in any subawards. Conducting a single orprogram-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 i n 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.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 u nder 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 e mployed by the state of Washington in their own right and not by reason of this Agreement. A.30 TAXES. FEES AND LICENSES U nless otherwise provided in this Agreement, the Subrecipient shall be responsible for, pay and maintain i n 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 a pplicable 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 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 I n 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's 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 DHS-FEMA-HSGP-SHSP-FFY17 Page 18 of 35 Kittitas County, E18-180 13) Access by the Department, the Subrecipient, the federal awarding agency, the Comptroller General of the United States, or any of their duly authorized representatives to any books, d ocuments, papers, and records of the contractor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions. 1 4) Retention of all required records for six years after the Subrecipient has made final payments and all other pending matters are closed. 1 5) 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. 94-163, 89 Stat. 871). 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 contracting agreements entered into pursuant to this Agreement shall incorporate this Agreement by reference A.11 DISCLOSURE The use or disclosure by any party of any information concerning the Department for any purpose not d irectly 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.12 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 Subrecipient and a third party mutually agreed upon by both parties. The panel shall, by majority vote, resolve the d ispute. 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.13 LEGAL RELATIONS It is understood and agreed that this Agreement is solely for the benefit of the parties to the Agreement a nd 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 a uthorized agents and employees, from all claims, actions, costs, damages or expenses of any nature w hatsoever 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 a rising 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 o r 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 i ndemnity provision shall be valid and enforceable only to the extent of the negligence of the Subrecipient, or Subrecipient's agents or employees. I nsofar 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: DHS-FEMA-HSGP-SHSP-FFY17 Page 14 of 35 Kittitas County, E18-180 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.14 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 A uthorized 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 any clause or condition of this Agreement is not effective or binding unless made in writing and signed b y both parties' Authorized Signature representatives. F urther, only the Authorized Signature representative or Alternate for the Subrecipient shall have signature authority to sign reimbursement requests, time extension requests, amendment and m odification requests, requests for changes to projects or work plans, and other requests, certifications a nd documents authorized by or required under this Agreement. A.15 LOSS OR REDUCTION OF FUNDING I n 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.16 NONASSIGNABILITY Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by the Subrecipient. A.17 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.18 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.19 OCCUPATIONAL SAFETY/HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/ HEALTH ACT (OSHAM/ISHA) 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.20 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 i nterest 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. DHS-FEMA-HSGP-SHSP-FFY17 Page 15 of 35 Kittitas County, E18-180 A.21 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.22 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.23 PUBLICITY The Subrecipient agrees to submit to the Department prior to issuance all advertising and publicity m atters relating to this Agreement wherein the Department's name is mentioned or language used from w hich the connection of the Department's name may, in the Department's judgment, be inferred or i mplied. 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.24 RECAPTURE PROVISION I n 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.25 RECORDS a. The Subrecipient 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 a nd 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 projects) for a period of at least six (6) years following final payment and closure of the g rant 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.26 RESPONSIBILITY FOR PROJECT/STATEMENT OF WORK/WORK PLAN W hile 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. DHS-FEMA-HSGP-SHSP-FFY17 Page 16 of 35 Kittitas County, E18-180 The responsibilityforthe 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. P rior 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 a nd/or attorneys' fees, in connection with any claim or lawsuit brought by any third party related to any d esign, development, construction, implementation, operation and/or maintenance of a project. A.27 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.28 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 aprogram-specific a udit conducted 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 a federal award as a recipient or subrecipient. Subrecipients that are required to have an audit must ensure the audit is performed in accordance with Generally Accepted Government Auditing Standards (GALAS) as found in the Government Auditing Standards (the Revised Yellow Book) developed by the United States Comptroller General and the OMB Compliance Supplement. The Subrecipient has the responsibility of notifying 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 a public accountant performing work using GALAS, as appropriate. Costs of the a udit may be an allowable grant expenditure as authorized by 2 CFR Part 200.425. The Subrecipient shall maintain auditable records and accounts so as to facilitate the audit requirement a nd shall ensure that any sub-contractors also maintain auditable records. The Subrecipient is responsible for any audit exceptions incurred by its own organization or that of its sub- contractors. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report. The Subrecipient must respond to Department requests for i nformation 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 Subrecipient all disallowed costs resulting from the audit. After the single audit has been completed, and if it includes any audit findings, the Subrecipient must send a full copy of the audit and its corrective action plan to the Department at the following address no later than nine (9) months after the end of the SubrecipienYs fiscal year(s): 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 completed "2 CFR Part 200 Subpart F Audit Certification Form" (https~//www mil wa qov/emergency-management-division/q rants/requiredgrantforms) to the Department at the address listed above identifying this Agreement and explaining the criteria for exemption no later than nine (9) months after the end of the SubrecipienYs fiscal year(s). DHS-FEMA-HSGP-SHSP-FFY17 Page 17 of 35 Kittitas County, E18-180 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 decision by the Department to terminate the Agreement in whole or in part. I n the event of termination, the Subrecipient shall be liable for all damages as authorized by law, including, b ut 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 I n 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 d elivered to and accepted by the Department prior to the effective date of Agreement termination, the a mount 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 d etermines 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 contracts for materials, services, supplies, equipment and/or facilities i n 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 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; DHS-FEMA-HSGP-SHSP-FFY17 Page 19 of 35 Kittitas County, E18-180 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. 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 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 o ut of this Agreement shall be the Superior Court of Thurston County, Washington. The Subrecipient, b y execution of this Agreement acknowledges the jurisdiction of the courts of the State of Washington. A.36 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 d uring such breach, shall not constitute a waiver of any right under this Agreement. DHS-FEMA-HSGP-SHSP-FFY17 Page 20 of 35 Kittitas County, E18-180 ATTACHMENT 1 FFY17 HSGP Award Documents EMW-2017-SS-00101-S01 Award Letter ~r~.xr,y v~~~'~`~ ~~~~~. .-~~r U.S. Department of Homeland Security UVashington, D.C.20472 Bret Daugherty Washington Military Department B uilding 20 C amp Murray, WF,98430 - 5122 R e: Grant No.EMUU-201'-SS-00101 D ear Bret Daugherty: Congratulations, on behalf of the Department of Homeland Security, your application forfinancial assistance submitted under the Fiscal Year (FY) 2017 Homeland Security Grant Program has been approved in the amount of $13,20~3,8~1.00. You are n ot required to match this award +n~ith any amount of non-Federal funds. Before you request and receive any of the Federalfunds awarded to you, you must establish acceptance of the a+,vard. Ey accepting this award, you acknoNiledge that the terms of the following documents are incorporated into the terms of your award: • AgreementArticles (attached to thisPt,~vard Letter) • Obligating Document (attached to this Award Letter) • FY 201 Homeland Securitl 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. I n orderto establish acceptance of the award and its terms, please followthese instructions: Step 1: Please Iog in to the ND Grants system at https:llportal.fema.go+i. Step 2: After logging in, you will see the Home page with a Pending Tasks menu. Click on the Pending Tasks menu, select the A pplication sub-menu, and then click the link for "r`lward Offer Review" tasks. This linkwill navigate you to AN~ard Packages t hat are pending revie~ro. Step 3: Click the Review Award Package icon (wrench) to reuiewthe Award Package and accept or decline the award. Please save or printthe Award Package for your records. System for Award Management (SAM): Grant recipients are to keep all of their information up to date in SAP~1, in particular, your organization's name, address, DUNS number, EIN and banking information. Please ensure that the DUNS number used in SAMi is the same one used to apply for all FEMA aNiards. Future payments will be contingent on the information provided i n the SAtv1; therefore, it is imperative that the information is correct. The System for.Award Management is located at http:!/ ter+,~n+v. sa m.q o+r. If you have any questions or have updated your information in Snhr1, please let your Grants Management Specialist (GMSj k now as soon as passible. This will help use to make the necessary updates and a5roid any interruptions in the payment process. D HS-FEMA-HSGP-SHSP-FFY17 Page 21 of 35 Kittitas County, E18-180 A~~neement Articles Fri Sep 01 00:00:00 GMT 2017 U.S. Department of Homeland Securitf ~~,r,~x~~~ tl~fashington, D.C. 20472 ~-~~~~~ ~ ~. v ~~~~~,~~n 5~,c~e- AG RE E ME NT ARTICLE S H omeland Security Grant Program G RANTEE: ~"Jashington Military Department PROGRAM: Homeland Security Grant Program A GREEMENT NUMBER: EM1~12~17-SS-001D1-S01 TABLE OF CONTENTS Article I Summary Description of,~,ward Article II Assurances,Administrative P.equirements, Cost Principles, a nd Audit P.equirements Article I II DHS SpecificAcknowledgements and R.ssurances Article Itif Acknowledgment of Federal Funding from DHS Article V Acceptance of Post Award Changes Article VI Disposition of Equipment Acquired Underthe Federal Award Article VII PriorF,pprotralfor Modification ofApproved Budget Article VIII Procurement of P.ecovered tvlaterials ~4rticle IX Whistleblower Protection ,~,ct Article K Use of DHS Seal, Logo and Flags r'~rticle XI USA Patriot rtict of 2001 Article XII Universal Identifier and System ofAward ~vlanagement SAM) Article XIII P.eporting of Matters Related to P,ecipient Integrity and Performance DHS-FEMA-HSGP-SHSP-FFY17 Page 22 of 35 Kittitas County, E18-180 Article XIV Rehabilitation Act of 1973 Article XV Trafficking Victims Protection Act of 2000 Article XVI Terrorist Financing Article XVII SAFECOM Article XVIII Reporting Subawards and F~cecutive Compensation Article XIX Debarment and Suspension Article XX Copyright Article XXI Civil Rights Act of 1964 -Title VI Article XXII Best Practices for Collection and Use of Personally Identifiable Information (PI I) Article XXII I Americans with Disabilities Act of 1990 Article XXIV Age Discrimination Act of 1975 Article XXV Activities Conducted Abroad Article XXVI Patents and Intellectual Property Rights Article XXVII Notice of Funding Opportunity Requirements Article XXVI II Non-supplanting Requirement Article XXIX Nondiscrimination in Matters Pertaining to Faith-Based Organizations Article XXX National Environmental Policy Act Article XXXI Lobbying Prohibitions Article XXXII Limited English Proficiency (Civil Rights Act of 1964, Title VI) Article XXXI II Hotel and Motel Fire Safety Act of 1990 Article XXXIV Fly America Act of 1974 Article XXXV Federal Leadership on Reducing Text Messaging while Driving Article XXXVI Federal Debt Status DHS-FEMA-HSGP-SHSP-FFY17 Page 23 of 35 Kittitas County, E18-180 Article XXXVII Article XXXVIII Article XXXIX Article XL Article XLI Article XLII Article XLIII Article XLIV Article XLV A rticle 1 -Summary Description of Award False Claims Act and Program Fraud Civil Remedies Energy Policy and Conservation Act Education Amendments of 1972 (Equal Opportunity in Education Act) -Title IX Duplication of Benefits Drug-Free Workplace Regulations Civil Rights Act of 1968 Operation Stonegarden Program Hold Fusion Center Investment Hold - SHSP Fusion Center Investment Hold - UASI The purpose of the FY 2017 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 of a secure and resilient Nation. Among the five basic homeland security missions noted in the DHS Quadrennial Homeland Security Review, HSGP supports the goal to Strengthen National Preparedness and Resilience. 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 a~roard consists of State Homeland Security Program (SHSP) funding in the amount of $6,476,000, Urban Area Security Initiative (UASI) funding in the amount of $5,180,000, and Operation Stonegarden (OPSG) funding in the amount of $1,548,851. The following counties shall receive Operation Stonegarden subawards for the following amounts: Clallam, $30Q,000; Colville Tribe, $65,000; Ferry, $10Q,000; Island, $140,000; Jefferson, $74,000; Okanogan, $136,680; Pend Oreille, $75,000; San J uan, $130,000; Skagit, $50,218; Stevens, $8Q,000; Swinomish Tribe, $52,953; Whatcom, $345,000. These grant programs fund a range of activities, including planning, organization, equipment purchase, training, exercises, and management and administration across all core capabilities and mission areas. A rticle II -Assurances, Administrative Requirements, Cost Principles, and Audit Requirements DHS financial assistance recipients must complete either the OMB Standard Form 4248 Assurances -Non-Construction Programs. or OMB Standard Form 424D Assurances -Construction Programs as applicable. Certain assurances in these documents may not be applicable to your program, and the DHS financial assistance office may require applicants to certify a dditional 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 recipierrts are required to follow the applicable provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards located at 2 C.F.R. Part 200, and adopted by DHS at 2 C. F. R. Part 3Q02. A rticle III - DHS Specific Acknowledgements and Assurances A ll recipients, subrecipients, successors, transferees, and assignees must acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. 1 . Recipients must cooperate with any compliance reviews or compliance investigations conducted by DHS. 2. Recipients must give DHS access to, and the right to examine and copy, records, accounts, and other documents and sources of information related to the federal financial assistance award and permit access to facilities, personnel, and other DHS-FEMA-HSGP-SHSP-FFY17 Page 24 of 35 Kittitas County, E18-180 individuals and information as may be necessary, as required by DHS regulations and other applicable laws or programguidance. 3. Recipients must submit timely, complete; and accurate reports to the appropriate DHS officials and maintain appropriatebackup documentation to support the reports. 4. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by lawor detailed in program guidance. 5. If, during the past three years, recipients have been accused of discrimination on the grounds of race, color, national origin(including limited English proficiency (LEP)), sex, age, disability, religion, or familial status, recipients must provide a list of allsuch proceedings, pending or completed, including outcome and copies of settlement agreements to the DHS FAO and theDHS Office of Civil Rights and Civil Liberties (CRCL) by e-mail at crclCu~hq.dhs.gov or by mail at U.S. Department of HomelandSecurity Office for Civil Rights and Civil Liberties Building 410, Mail Stop #0190 Washington, D.C. 20528. 6. In the event courts or administrative agencies make a finding of discrimination on grounds of race, color, national origin(including LEP), sex, age, disability, religion, or familial status against the recipient, or recipients settle a case or matteralleging such discrimination, recipients must forward a copy of the complaint and findings to the DHS FAO and the CRCL office by e-mail or mail at the addresses listed above. The United States has the right to seekjudicial enforcement of these obligations. A rticle IV -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 V -Acceptance of Post Award Changes I n the event FEMA determines that changes are necessary to the award document after an award has been made, including changes to period of performance or terms and conditions, recipients will be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate recipient acceptance of the changes to the award. Please call the FEMA/GMD Call Center at (866) 927-5646 or via e-mail to ASK-GMDCcr~dhs.gov if you have any questions. Article VI -Disposition of Equipment Acquired Under the Federal Av~rard When original or replacement equipment acquired under this award by the recipient or its sub-recipients is no longer neededfor the original projector program or for other activities currently or previously supported by DHS/FEMA, you must request i nstructions from DHS/FEMA to make proper disposition of the equipment pursuant to 2 C.F.R. Section 200.313. Article VII -Prior Approval for Modification of Approved Budget Before making any change to the DHS/FEMA approved budget for this award, you must request prior written approval from DHS/FEMA where required by 2 C.F.R. Section 200.308. For awards with an approved budget greater than $150,000, 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 DHS/FEMA last approved. You must report any deviations from your DHS/FEMA approved budget in the first Federal Financial Report (SF-425) you submit following any budget deviation, regardless of whether the budget deviation requires prior written approval. A rticle VIII -Procurement of Recovered Materials All recipients must comply with Section 60Q2 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 guidelines of the Ernrironmental Protection Agency (EPA) at 40 C.F.R. Part 247 that cordain the highest percentage of recovered materials practicable, consistent with mairrtaining a satisfactory level of competition. Article IX - Whistleblower Protection Act All recipients must comply with the statutory requirements for whistleblower protections (if applicable) at 10 U.S.C. Section 2409. U.S.C. Section 4712, 10 U.S.C. Section 2324 41 U.S.C. Sections 4304 and 4310. Article X -Use of DHS Seal, Logo and Flags DHS-FEMA-HSGP-SHSP-FFY17 Page 25 of 35 Kittitas County, E18-180 All recipients must obtain permission from their DHS FAO, prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard o~cials. A rticle XI -USA Patriot Act of 2001 All recipients must comply with requirements of the Uniting and Strengthening America by Providing Appropriate Tools R eauired to Intercept and Obstruct Terrorism Act (USA PATRIOT Acts, which amends 18 U.S.C. sections 175-175c. A rticle XII -Universal Identifier and System of Award Management (SAM) All recipients are required to comply with the requirements set forth in the government-wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R. Part 25. Appendix A. the full text of which is incorporated here by reference in the terms and conditions. Article XIII -Reporting of Matters Related to Recipient Integrity and Performance If the total value of the recipients currently active grants; cooperative agreements, and procurement contracts from all federal assistance offices exceeds $10,000,000 for any period of time during the period of perFormance of this federal financial assistance 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. Part 200. Appendix XI I, the full text of which is incorporated here by reference in the award terms and conditions. A rticle XIV -Rehabilitation Act of 1973 A ll recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. section 794, as a mended, which provides that no otherwise qualified handicapped individuals in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. Article XV -Trafficking Vctims Protection Act of 2000 All recipients must comply with the requirements of the government-wide award term which implements Section 106(g) of the TrafFcking Victims Protection Act of 2000, (TVPA) as amended by 22 U.S.C. section 7104. The award term is located at 2 C.F.R. section 175.15, the full text of which is incorporated here by reference in the award terms and conditions. Article XVI -Terrorist Financing A ll recipients must comply with E.O. 13224 and U.S. law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible to ensure compliance with the Order and laws. A rticle XVII - SAFECOM All recipients receiving federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, i ncluding provisions on technical standards that ensure and enhance interoperable communications. Article XVIII -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 at 2 C.F. R. Part 170. Appendix A, the full text of which is incorporated here by reference in the award terms and conditions. Article XIX -Debarment and Suspension All recipients are subject to the non-procurement debarment and suspension regulations implementing Executive Orders (E.O.) 12549 and 12689 and 2 C.F.R. Part 180. These regulations restrict federal financial assistance awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities. Article XX -Copyright DHS-FEMA-HSGP-SHSP-FFY17 Page 26 of 35 Kittitas County, E18-180 All recipients must affix the applicable copyright notices of 17 U.S.C. sections 401 or 402 and an acknowledgement of U.S. Government sponsorship (including the award number} to any work first produced under federal financial assistance awards. A rticle XXI -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.S.C. section 2000d et sea.), w hich provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. DHS implementing regulations for the Act are found at 6 C.F.R. Part 21 and 44 C.F.R. Part 7. A rticle XXII -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 PII are required to have a publically-available privacy policy that describes standards on the usage and maintenance of PII they collect. Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template as useful resources respectively. Article XXIII -Americans with Disabilities Act of 1990 All recipients must comply with the requirements of Titles I, II, 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. (42 U.S.C. sections 1 21 01-1 221 3). Article XXN -Age Discrimination Act of 1975 All recipients must comply with the requirements of the Age Discrimination Act of 1975 (Title 42 U.S. Code, section 6101 et sea.), ~,vhich prohibits discrimination on the basis of age in any program or activity receiving federal financial assistance. Article XXV -Activities Conducted Abroad All recipients must ensure that project activities carried on outside the United States are coordinated as necessary with a ppropriate government authorities and that appropriate licenses, permits, or approvals are obtained. Article XXVI -Patents and Intellectual Property Rights U nless otherwise provided by law, recipients are subject to the Bayh-Dole Act. Pub. L. No. 96-517, as amended, and codified i n 35 U.S.C. section 2~~ et seq. All recipients are subject to the specific requirements governing the development, repo Ring, and disposition of rights to inventions and patents resulting from financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. section 4Q1.14. Article XXVII -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 award terms and conditions. All recipients must comply with any such requirements set forth in the program NOFO. Article XXVIII -Non-supplanting Requirement All recipients receiving federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non-federal sources. A rticle XXIX -Nondiscrimination in Matters Pertaining to Faith-Based Organizations It is DHS policy to ensure the equal treatment of faith-based organizations in social service programs administered or supported by DHS or its component agencies, enabling those organizations to participate in providing important social services to beneficiaries. All recipients must comply with the equal treatment policies and requirements contained in 6 C.F.R. Part 19 and other applicable statues, regulations, and guidance governing the participations of faith-based organizations in individual DHS programs. Article XXX -National Environmental Policy Act DHS-FEMA-HSGP-SHSP-FFY17 Page 27 of 35 Kittitas County, E18-180 All recipients must comply with the requirements of the National Environmental Policy Act (NEPA) and the Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA, which requires recipients to use all practicable means within their authority, and consistent with other essential considerations of national policy, to create and maintain conditions under which people and nature can exist in productive harmony and fulfill the social, economic, and other needs of present and future generations of Americans. Article XXXI -Lobbying Prohibitions A ll recipients must comply with 31 U.S.C. section 1352, which provides that none of the funds provided under an federal financial assistance award may be expended by the recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action concerning the award or renewal. Article XXXII -Limited English Proficiency (Civil Rights Act of 1964, Title VI) A ll 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 htt~s:/Miw"v.dhs.gov/ g uidance-published-help-department-supported-organizations-provide-meaningful-access-people-limited and additional resources on http://wv+nr✓.le~Qov. Article XXXIII -Hotel and Motel Fire Safety Act of 1990 I n accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. section 2225a, all recipients must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, 15 U.S.C. section 2225. A rticle XXXIV -Fly America Act of 1974 All recipients must comply with Preference for U.S. Flag Air Carriers (air carriers holding certificates under 49 U.S.C. section 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. section 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981 amendment to Comptroller General Decision B-138942. Article XXXV -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 EO. 1 3513, 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 governmerYt. Article XXXVI -Federal Debt Status All recipients are required to be non-delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. (See OMB Circular A-129.) Aficle XXXVII -False Claims Act and Program Fraud Civil Remedies All recipients must comply with the requirements of 31 U.S.C. section 3729 - 3733 which prohibits the submission of false or fraudulent claims for payment to the federal government. (See 31 U.S.C. section 3801-3812 which details the administrative remedies for false claims and statements made.) Article XXXVIII -Energy Policy and Conservation Act A ll recipients must comply with the requirements of 42 U.S.C. section 6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act. A rticle XXXIX -Education Amendments of 1972 (Equal Opportunity in Education Act) -Title IX All recipients must comply with the requirements of Title IX of the Education Amendments of 1972 (20 U.S.C. section 1681 et sep.), which provide that no person in the United States will, on the basis of sex, be excluded from participation in, be DHS-FEMA-HSGP-SHSP-FFY17 Page 28 of 35 Kittitas County, E18-180 denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assistance. DHS implementing regulations are codified at 6 C.F.R. Part 17 and 44 C.F_R. Part 19 A rticle XL -Duplication of Benefits Any cost allocable to a particular federal financial assistance award provided for in 2 C. F.R. Part 200. Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies, to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions, or for other reasons. However, these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions. A rticle XLI -Drug-Free Workplace Regulations All recipients must comply with the Drug-Free Workplace Act of 1988 (41 U.S.C. section 8101 et seq.), which requires all organizations receiving grants from any federal agency agree to maintain adrug-free workplace. You as the recipient must comply with drug-free workplace requirements in Subpart B (or Subpart C, if the recipient is an individual) of 2 CFR part 3001 w hich adopts the Government-wide implementation (2 CFR part 182) of sec. 5152-5158 of the Drug-Free Workplace Act of 1 988 (Pub. L. 100-690, Title V, Subtitle D; 41 U.S.C. 8101-8107). Article XLII -Civil Rights Act of 1968 All recipients must comply with Title VI I I of the Civil Rights Act of 1968, which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex (42 U.S.C. section 3601 et seal, as implemented by the Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units-i.e., the public and common use areas and individual a partment units (all units in buildings with elevators and ground-floor units in buildings without elevators)-be designed and constructed with certain accessible features. (See 24 C.F.R. section 100.201.) Article XLIII -Operation Stonegarden Program Hold The recipient is 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 Fragmentary Order (Frago) has been reviewed by FEMAlGPD and Customs and Border Protection/United States Border Patrol (CBP/USBP}. The recipient will receive the official notification of approval from FEMA/GPD. A rticle XLIV -Fusion Center Investment Hold - SHSP A program hold is placed on SHSP Investment #1 and the recipient is prohibited from obligating, expending, or drawing down SHSP funds in the amount of $628,515 in support of its State and/or Major Urban Area Fusion Center. In order to release this hold, the recipient is required to submit the Fusion Center Addendum, which captures requirements for all Fusion Center investments, per page 42 of the FY 2017 HSGP Notice of Funding Opportunity. Please contact your DHS/FEMA GPD Headquarters Program Analyst to receive a copy of the Addendum, and to receive further guidance on the steps required to release this hold. Article XLV -Fusion Center Investment Hold - UASI A program hold is placed on UASI Investment #1 and the recipient is prohibited from obligating, expending, or drawing down UASI funds in the amount of $929,587 in support of its State and/or Major Urban Area Fusion Center. In order to release this hold, the recipient is required to submit the Fusion Center Addendum, which captures requirements for all Fusion Center investments, per page 42 of the FY 2017 HSGP Notice of Funding Opportunity. Please contact your DHS/FEMA GPD Headquarters Program Analyst to receive a copy of the Addendum, and to receive further guidance on the steps required to release this hold. BUDGET COST CATEGORIES Personnel $0.00 DHS-FEMA-HSGP-SHSP-FFY17 Page 29 of 35 Kittitas County, E18-180 Fringe Benefits Travel Equipment Supplies Contractual Construction I ndirect Charges Other $O.OQ $o.aa $0.00 $0.00 $13, Q56, 331.00 $Q.00 $148,520.00 $a.00 DHS-FEMA-HSGP-SHSP-FFY17 Page 30 of 35 Kittitas County, E18-180 'ObL~~gg Dec~t fiu~A~ardr'3meadmeat i~. ~.~.~1~]Er a ~~.? ~`~a~'' ~+t,~~T ~G~_ 3. 24~_ 91~~]1~~9~G 6. F.E.'Z~47"'•ti~'~ ~'~.Z7 '_ SS~SL~L~;G FE~.'~ ~1FFI~E. ~"~~ 3::~DE:ESS ~~s~.~ESS ~: ~~~L~ ~11~:1C'C ~I~i X005 j~anrrtrn;lrrr ~~}ti _lriz~rp~m,e-~=I~~. ~Vi` B~l,diris ~~]TJ; ~,hin_atn~ DC 1~~~S-: ~D~]~G ~I ~~' #. Tic +sE QF ~~?IU~+s ~_ C[b~vT&.UL h~€D. ~V"3.R~~ R'}I~D~~Iv .'Qi1l~r~~v t ~iI~~43~i+' Ft~ial5ennie~s Rr~rrh :~D17 C S~ree4 ~ ~G'_ F.na~ ? ~-~. ne. _~-, 4.''+i_t~ LF?~ ~~~' ~E~~.~~~0_ I~~~_\ S'r~t uF ~.~?~,x'~TE~' ~GaQb.T,~,~:_s_Il7R ~'R~OI.~~Tt l~?I~'E?~~1 S~tin~~ w3Isnmr;,r;nn ~e~ C'hy~. ~nr:~am ~ucL= 3~]G-3d3-6~a~ ~mat1 ?~~i~3u;c7~.~as iI. FF'FE ~ P~~IF ~~L_i3_ ~ISZ'~: i-E 'iR.R s`:~G~~'~'~Z'I-~. ~ERF'4FL'4i~~: ~. ~EERII~D ~~ ~i~4~~~d~~OS ~~C2~c~' Ci Frame: Yu_Q~° C~1;JJI?C~~e~.~nt;~ai,~ na~~~~~{~-~-r Bu~d~# Peed~~~ ~~.tD1': a~1 r 08j'38, 3~.~E5C'F.L~II~Qti ~F3~C~^: ~ t-~]G7[a ~rnf^inc,~ ~ Td,4~.', ilC ~3'nII~I CL'1Il_°"1} ~.~. f~~CS ~ITDiE,~ ?S..L'S L1 _~.Lg~~ Lti~. 5~~~- 6rss Prm~. Eo~liad ~- ~~i Lrn~t E~~ana Sern:-an- ~,IQI ~'tO~SST7. ~~aa~rs ~- gab; a a_~t~i ~ o ;. ~~~, ~D~~?-F~. B3I1~?4I~--~I~~- ~s~a~ Asa ~~. _~ ~~.~Z L ;.~r~.z~r~.~. ~~a~~:- T~I_~3I. ~~~,~ETJ TOT_~I, F~~ y? C~€?~Z' ~~a~: api iv :! ------ -~~1;-F~ ~Il~ =4I~--~I~1- 17 ~O.OG 5~.15~h.00~I~~JL~ 5~.35►].~7C~.~7C~ 3Q.4XI ~~.? ~.~ la ~i ~ ?I~,.~ Z.~~JQJQ~ a. ~ o ~:~c~~ :h~~s mc~ t~ ~~ 3aw or ~flal cbar~~. ~r~ sch~cn?e and eh~~ fiere_ _~ 1 L~ a FC1R `_v~~ D~i~~TEP~ ~'R~ ~'«iS. ?~LZa~+~' =5 ~EQL~~ T0~ 5I~ 3~~7 F.E.IL~R~i IEEE ~,: j COBS CAF THIS DC~GL~~'.Z' I~Q F~rL~ ~5ee. Blt~ ? mr ~i~~~ E~_Lu~~ Ser.~s tiruu ?ia~ iad~*- ara nor ~q►mac to ~.~ ~:3 rates ~api3 a't~is r:;~c~rtt H~xa~tl-~r, rea~i~ ~T 3 ant ~~3 ~seto a ear of this ~~oc~t faF t~~ r eu~. ~ Cir_ FG~R iI~IER~(aCrR-'~4i5= 3tEC'~I~Z' I~?vQT REf2L~.ID TQ SI~ii~ ~u a~z~-~e L• ~ctrj~ct to t~ am~i co~diriaas 3tcarh~ci m thin. av~a*~i notice ar 1n ~,co~as~te~,~~r~:~*,re ~ ~ro~m Ie~latinn ~rt~i abanj~e.. 1i. REC~~Tv-T SIQti ~IDRY Q~FlCZ~I. (l~a~ ~ TuL~ D:~.IE G~1 C~ Fae 4a Ga 19~5~4 ~'~iZ' _'•4I~ i~. FE~i~ ~G~~T~ OFF~~I. {~ia~ae ~siIit~j D_~TE ~Ss 31 1S:I1_~i G}rSI' ,,~--- .,OI` - ~`. ~;F.~'Ti" Ei.~3.tQ~'~I~'L.~A~TSi . ~e O~c~ 5~ Tacnl~. See Tats. 5. ~ Ta~~: DHS-FEMA-HSGP-SHSP-FFY17 Page 31 of 35 Kittitas County, E18-180 Allachment 2Homeland Security Region 7 - Kit[titas County175HSPAs the Pass-through Entity (PTE, the Washington State Military Department (WMD) Emergency Management Division's (EMD) Washington Homeland Security RegionsPreparedness Grants Section (PGS~, referenced as the Department, is responsible for ensuring federel funding is expended and - - ~ _jro rams Im lemented in full accordance with overnin law and re ulations. Ei ht ercent of the state's award is allocated wn,icor~,P B P B B B B Y-P s,~~,,,~,\.~ /f ~ ~Iito local and tribal units of government in acwrdance with Federal guidelines. Washington Sate is divided into n6ie Homeland ~ren--7-- cSecurity Regions. Funding is allocated to Regions according to a county base, populatlon, and populatlon density funding ~~ ~F9~ ska n ~"~ ok~noq~~ s~formula. The remaining twenty percent is allocated to state agencies us(ng a sus[ainmen[ funding model. Each Homeland ~ 9~~ F '~ ion 7Security Region and partidpatlng State Agency submitted projects that were included in the State's Investment lustifiwtion. cianam~—~'- ~ ' ~ f ~~ g R g i o n~ 3--Theprojects were further detailed in subprojects, which are the focus of the work plan. TI~~~~ ~f Snaliaml~ Cnelen r ~~~`Pr ma Pom[s o ontact 253-512-%X%X ~etta~scn fj~ ~ DouglasZRegion _::~~;,Region 1 Zoie Choate zoie.choate@mil.wa.gov 7461 ~~•Region 2 Gary Stumph garystumph@mil.wa.gov 7483 ~ u-y~-~ ~m 6 _.. _~~-Region 3 2oie Choate zoie.choate@mil.wa.gov 7461 6' J ~ \Region4 ZoieChoate zoie.choa[e@mi~.wa.gov 7461 ae~~n~ K~mtas a~^~Regions Michael Alston michael.alston@mil.wa.gov 7083 C~ _ Nainp- .,n,en,nRegion6 GarySlumph garystumph@mil.wa.gov 7gg3 ~ ~ n ~ ~Region? Michael Alston michael.a~ston@mil.wa.gov 7083 ~a Frar~Regions Michael Alston michael.als[on@mil.wa.gov 7pg3 Yatima pRegion9 Deborah Henderson deborah.henderson@mil.wa.gov 7470 - ~ = ~ ~Qg~O pBellevue, City of Gary 5[umph garystumph@mil.wa.gov 7483 ` `fie ~ o n 8en~~ Wal~a WallaSeattle, City of Gary Stumph garystumph@mil.wa.gov 7483Serve WA Deborah Henderson deborah.henderson@mil.wa.gov 7470 ~ -'-'' ~ IaicblalWSDA Deborah Hendef5on deborah.henderson@mil.wa.gov 7470 ~~~` ' -"-~/~--WSP Deborah Henderson dehorah.henderson@milsva.gov 7470Region 7 is composed of Chelan, Douglas, Grant, Kittitas, and Okanogan Counties. The responsibility of the Region 7 HomelandSecurity Coordinating OHice and point of contact for the Region is rotated biannually, with each county serving in turn.eud et Thresholds and Ca s• The maximum percentage of the Grant Agreement Amount that may be used 6y the Subrecipien[ for management and•The maximum percentage o(the Grant Agreement Amount that may be used by the Subrecipfent for personnel expenses underadministration costs under this Agreement is identified in the Budget, and maybe less than, but will not exceed, the maximumth(s Agreement is identified in the Budget and may differ from the 50% HSGP Iimi[.5%.•Any budge[ changes to LETPA and/or Personnel must be made In writing and will be reviewed far an amendment.• At least 25% of the overall award amounts for SHSP and UASI must be dedicated towards law enforcement terrorismprevention activities (LETPA). The LETPA percentage of the Grant Agreement Amount that must be met as a minimumrequirement of this Agreement by the Subrecipient is Identified in the Budget.Overall lnvestmen[lustification$6,476,000OverelllnvestmentJustitication55,180,000M&A-SAA$323,800M&A-SAA$259,000Investment bl Washington State Fusion Center$628,515Investment kl Washington State Fusion CenterS9Z9,587Project bl WSP Support of Fusion Center$528,515Project Nl WSP Support of Fusion Center$479,587Project b2 Region 6 Support of Fusion Center$100,000Project q2 Seattle Support of Fusion Center$450,000Investment H2 Washington State Agencies Homeland Securit Pro$442,885Investment q2 Seattle UASI$3,694,000Project ql State Planning, Exercise, and Training$275,923Pro'ect Nl Seattle Urban Area Sustainment and Enhancement$3,694,000Project q2 Agriculture Emergency Planning$74,804Investment q3 Washington State Agencies Pro'ects$297,413Project q3 Citizen Corps Program$92.158Project ql Statewide Planning, Training, and Exercise Program$259,253Investment q3 Washington Regional Homeland Securit Pro'ects$5,080,800Project q2 Citizen Corps Expo and Leadership Summit$36,160Project ql Region 1 -Homeland Security$595,199Project q2 Region 2 -Homeland Security$296,903Project q3 Region 3 -Homeland Security$379,032Project b4 Region 4 -Homeland Security$440,572Project NS Region 5 -Homeland Security$759,385Project q6 Region 6 -Homeland Security$1,359,714Project H7 Region 7 -Homeland Security$289,602Project b8 Region 8 -Homeland Security$371,301Project q9 Region 9 -Homeland Security$589,092DHS-FEMA-HSGP-SHSP-FFY17Page32 of 35Kittitas County, E18-180Threats &HazardsTerrorist targets include:Primary all-hazard risks include:• Hydroelectric facilities• Wildland Ftres• Transportation•Landslides• Public Evens.Floods• Industry•Winter Storms• Wlnd Storms• Earthquakes• Pandemic Incidents Homeland Security Region 7-KittitasThis work plan supports the 2017 Washington State HSGP (SHSP) Investment lustiffcation, Investment N3 —Washington Regional Homeland Security Projects, Project #7—Region 7 Homeland Security (WA77SHSP>INV-3>PROI-7).PROJECT DESCRIPTIONRegion 7 Homeland SecurityFunding will be utllized to close gaps in six identified capability areas:1) Public Information and Warning-partial gaps identified In mass-not(fication capabilities to overall population.Assessment of public notification and outreach program during all-hazard response has identified a gap specific tocommunicating evacuation notification and information with limited English speaking persons;2) Infrastructure Systems•not all critical infrastructure assets have been identified within the region and threatsand hazards need to be assessed;3) Operational Communications-equipment updates are ongoing w(th local fire dlstr(cts, law agencies, EMS andother enti[ies;multi-year project is underway to enhance communications interoperabiliry across the region;4) Interdfct(on and Disruption-Specialty tactics teams have a gap related to training and equipment specific todomestic terrorism and other terrorism risks. Tactical ballistic vests need replacement and there is a need for on-scene mediwlsurge equipment;5) Operational Coordinat(on regional gap has been identified concerning the number of trained personnelavailable to staff Emergency Operation Centers due to attrition of personnel and a significant increase in EOCactivations over the past hvo years; and6) Community Resilience•continuation of regional public awareness outreach activities related to preparedness forman-made and natural oil-hazard emergencies.Award Amount $50,416CAP/Threshold Budgeted AmountManagement & Administration (M&A) 5°h of Agreement Amoun[ $0Personnel Costs 50%0(overall Award $0LEfPA 25°6 of UA51&SHSP Awards $43,436SOLUTION AREA/BUDGETCATEGORVAMOUNTPERSONNELLETPASU6PROlECTSCOPEMILESTONESM&ASalaries &BenefitsOvertime/BackfillGoods &ServicesTravel &Per Diem$0$0$0$p$0Totnl$0$0Subproject #1Interdiction andDisruptionPlanningOrganizationEquipmentTrainingExercises$0$7,480$0$0$1,000$29,400—$0The goal is to equip response personnel with adequate resources and protection to respond to terroristattacks or threats within Region 7. The Ilnk to the approved project in the 175HSP Investment Justificationis-4) Interdiction and Disruption-Specialty tactics teams have a gap related to training and equipmentspecific to domestic terrorism and other terrorism risks; tactical ballistic vests need replacement and thereis a need for on-scene medical surge equipment. Gans exists due to lack of equipment and agingequipment. The focus area for this funding cycle is equipping specialty teams (such as SWAT►. Fundlne willbe used to purchase monitors and hard drives for a mobile forensics machine; a tactical pole camera; andheavy vests and ballistic plates for special teams. Additionally, some funding will be used to continue aneffort to provide life saving equipment (such as tourniquets) to responders. A fee for the storage unit,which houses the mobile command post and other SWAT tactical equipment and vehicle, will be coveredby the sub ro'ects funds. The desired outcome is for Count s ecial teams to be ode uatel e uip J y p q y q pped torespond to and engage inlife-saving and life-sustaining operations during terrorist attacks or threats,Develop courses of action$0Vet courses of action with stakeholder groups$29,400Implement approved courses of action$0$0Validate if actions achieved desired outcome$0$0$~Evaluate success of desired outcome and determinenext stepsTotal$36,880$0$30,400DHS-FEMA-HSGP-SHSP-FFY17 Page 33 of 35 Kittitas County, E18-180 SOLUTION AREA/BUDGETCATEGORVAMOUNTPERSONNELLETPASUBPROJECT SCOPEMILESTONESSubprojectit2Planning$0$0$0_The Roal is to enhance Operational Coordination for Region 7. The link to the approved project inDevelop coursesofactionVet courses of action with stakeholder groupsOrganization$0$pthe17SHSP Investment Justification is — 5) Operational Coordination: A regional gap has been identifiedconcerning the number of trained personnel available to staff Emergency Operation Centers, due toImplement approved courses of actionOperationalCoordinationEquipmentTraining$0$13,036$0$~$13,036attrition of personnel and a significant increase in EOC activations over the past two years. Due topersonnel turnover, Raas exist with the number of staff trained to respond to EOC aUivations. The primaryfocus areas for this funding cycle is training related to regional tactical response capabilities. Fundine willbe used for associated costs related to training and to support the annual county-wide active shooterValidate if actions achieved desired outcomeEvaluate success of desired outcome and determinenext stepsExercises$500$0$0exercise. The desired outcome is that regional operetional coordination will continue to improve, resultingin improved synchronization within Region 7 in the even[ of a terrorism orall-hazards event.Total$13,536$0$13,036SUBTOTALINDIRECTTOTAL>su,nib >u$50,416 %of AwardGiven Personnel Costs and LETPA are calculated on a statewide basis, it is acceptable for localpercentages to deviate from the grant requirement. However, any budget changes to LETPAand/or Personnel expenses will require an amendment.PERSONNEL AMOUNTLETPA AMOUNT>~ 0%$43,436 86%DHS-FEMA-HSGP-SHSP-FFY17 Page 34 of 35 Kittitas County, E18-180 DateTaskSeptember 1, 2017Grant Agreement Start DateNLT July 31, 2018Submit Spend PlanSeptember 1, 2018Estimated date work will beginNLT April 30, 2019Submit Progress ReportAugust 31, 2019Grant Agreement End Date. All work ceases.NLT October 15, 2019Submit Final Reimbursement Request and Closeout Report.* Reports are due before final invoice will be reimbursed.HSGP Grant Performance Period: September 1, 2017 -August 31, 2020DHS-FEMA-HSGP-SHSP-FFY17 Page 35 of 35 Kittitas County, E18-180Homeland Security Region 7-Kittitas County SIGNATURE AUTHORIZATION FORM W ASHINGTON STATE MILITARY DEPARTMENT Camp Murray, Washington 98430-5122 P/ease read instructions on reverse side before completing this form. N AME OF ORGANIZATION DATE SUBMITTED Kittitas County 4/1 2/18 P ROJECT DESCRIPTION CONTRACT NUMBER SHSP FFY-17 E18-180 1 . AUTHORIZING AUTHORITY SIGNATURE PRINT OR TYPE NAME TITLE/TERM OF OFFICE ~~~ ~~, ~~ -- . _—_ Gene Dana Sheriff 12/31/2018 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 ~~Darren Higashiyama Commander ,. 3!/~Heather Seibert Chief Financial Manager \\NAC-1\VOL1\HOME\KARENB\....\WP\SIGNAUTH Revised 3103