HomeMy WebLinkAboutWSMD EMG ManagementRECEIVED
Washington State Military Department
EMERGENCY MANAGEMENT PERFORMANCE GRANT AGREEMENT FACE SH~ 1 6 2018
1, Sub recipient Name and Address: 2. Grant Agreement Amount: 3. Grant Agreement Number:
Kittitas CountySherifrs Office $24,820 ~TRACTS
307 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
darren.higashiyama@co.kittitas.wa.us June 1, 2017 August 31, 2018
7. Department Contact, phone/email :
Michael Alston, (253) 512-7083
michael.alston@mil.wa.gov
8. Data Universal Numbering System (DUNS): 9. UBI # (state revenue):
010202547 192-002-673
10. Funding AuthOrity:
Washington State Military Department (the "DEPARTMENr) and the U.S. Department of Homeland Securitv (DHS)
11. Federal Funding Identification #: 12. Federal Award Date: 1 13. Catalog of Federal Domestic Assistance (CFDA) # & Title:
EMS-2017-EP-OOOO4-S01 08/2412017 97.042-(17EMPGl
14. Total Federal Amount#: 15. Program Index # & OBJ/SUB-OBJ: 16. TIN:
$7,306,624 773PT NZ N/A
17. Service Districts:
(BY LEGISLATIVE DISTRICT): 13
(BY CONGRESSIONAL DISTRICT): 8
18. Service Area by County(ies):
Kittitas
19. W omen/Minority-Owned, State
Certified?: X NlA 0 NO
DYES, OMWBE #
20. Agreement Classification o Personal Services 0 Client Services X Public/Local Gov't
o Research/Development 0 AlE 0 Other
22. Subrecipient Selection Process:
21. Contract Type (check all that apply): o Contract X Grant o Intergovemmental (RCW 39.34)
23. Subrecipient Type (check all that apply)
X Agreement o Interagency
X "To all who apply & qualify" 0 Competitive Bidding o Private Organization/Individual 0 For-Profit o Sole Source 0 AlE RCW 0 N/A X Public Organization/Jurisdiction 0 Non-Profit o Filed w/OFM? 0 Advertised? 0 YES 0 NO o CONTRACTOR X SUBRECIPIENT 0 OTHER
24. PURPOSE & DESCRIPTION:
The purpose of the Fiscal Year (FY) 2017 Emergency Management Performance Grant (17EMPG) is to provide U.S. Department of
Homeland Security (DHS)/Federal Emergency Management Agency (FEMA) Federal award funds to local jurisdictions and tribes
with emergency management programs to assist in preparing for all hazards through sustainment and enhancement of those
programs as described in the Work Plan.
The Department is the Recipient and Pass-through Entity of the 17EMPG Award EMS-2017-EP-00004-S01, which is incorporated in
and attached hereto as Attachment #1, and has made a subaward of Federal award funds to the Subrecipient pursuant to this
J\greement. The Subrecipient is accountable to the Department for use of Federal award funds provided under this Agreement
and the associated matching funds.
IN WITNESS WHEREOF, the Department and Subrecipient acknowledge and accept the terms of this Agreement, including all referenced
Exhibits and Attachments which are hereby incorporated in and made a part hereof, and have executed this Agreement as of the date below.
This Agreement Face Sheet; Special Terms & Conditions (Exhibit A); General Terms and Conditions (Exhibit B); Work Plan (Exhibit C);
Timeline (Exhibit D); Budget (Exhibit E); and all other documents, exhibits and attachments expressly referenced and incorporated herein
contain all the terms and conditions agreed upon by the parties and govem the rights and obligations of the parties to this Agreement. No
other understandings. oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties
hereto.
In the event of an inconsistency in this Agreement. unless otherwise provided herein, the inconsistency shall be resolved by giving
precedence in the following order:
1. Applicable Federal and State Statutes and Regulations 4. Special Terms and Conditions
2. DHS/FEMA Award and program documents 5. General Terms and Conditions, and,
3. Work Plan 6. Other provisions of the Agreement incorporated by r~ference
WHEREAS. the parties hereto have executed this Agreement on the day and year last SPeclfieQ~. oW.
FO~OEPARTMENT : FOR THE S ~IENT: ~<"~Ak ~ 'hlh£ L?-l __
Signa ~ r Date Signature
Regan Anne Hesse, Chief Financial Officer Gene Dana, Sheriff
Washington State Military Department Kittitas Count)' Sheriffs Office
<-,~.PROIVE AS TO FORM (itappncab7Ie):~1 ---t. '} \. ~~'~ '1 ~f I ~ BOILERPLATE APPROVED AS TO FORM:
(Signature on file 9/12/2017)
Brian E. Buchholz, Sr. Assistant Attomey General
Applicant's Legal Re-4 sw Date
Form 05/1212015
I
DHS-FEMA-EMPG-FY 17 Page 1 of 36 Kittitas County, E18-131
Exhibit A
SPECIAL TERMS AND CONDITIONS
ARTICLE J. 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.gram Coordinator
E-Mail darren.higashiyama@co.kittitas.wa.us E-Mail michael.alston@mil.wa.gov
Phone 509-933-8206 Phone 253-512-7083
Name Gene Dana Name Tirzah Kincheloe
Title Sheriff Title Program Manager
E-Mail gene.dana@co.kittitas.wa.us E-Mail tirzah.kincheloe@mil.wa.gov
Phone 509-962-7615 Phone 253-512-7456
Name Heather Seibert Name Dalton Gamboa
Title Chief Financial Manager Title Pro.Qram Assistant
E-Mail heather.seibert.sh@co.kittitas.wa.us E-Mail dalton.gamboa@mil.wa.gov
Phone 509-962-7099 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
DHS/FEMA applicable to the 17EMPG Program, including, but not limited to, all criteria, restrictions, and
requirements of the "Department of Homeland Security (DHS) Notice of Funding Opportunity (NOFO) Fiscal
Year (FY) 2017 Emergency Management Performance Grant (EMPG)" document, the DHS Award Letter for
Grant No. EMS-2017 -EP-00004-S01 , and the federal regulations commonly applicable to DHS/FEMA grants, all
of which are incorporated herein by reference. The DHS Award Letter is incorporated in this Agreement as
Attachment 1.
The Subrecipient acknowledges that since this Agreement involves federal award funding, the period of
performance described herein may begin prior to the availability of appropriated federal funds . The Subrecipient
agrees that it will not hold the Department, the State of Washington, or the United States liable for any damages ,
claim for reimbursement , or any type of payment whatsoever for services performed under this Agreement prior
to distribution of appropriated federal funds, or if federal funds are not appropriated or in a particular amount.
A. STATE AND FEDERAL REQUIREMENTS FOR DHSIFEMA PREPAREDNESS GRANTS:
The following requirements apply to all DHS/FEMA Preparedness Grants administered by the
Department.
1. SUBAWARDS & CONTRACTS BY SUBRECIPIENT
a. The Subrecipient must make a case-by-case determination whether each agreement it
makes for the disbursement of 17EMPG funds received under this Agreement casts the
party receiving the funds in the role of a subrecipient or contractor in accordance with 2
CFR 200.330.
b. If the Subrecipient becomes a pass-through entity by making a subaward to a non-federal
entity as its subrecipient:
DHS-FEMA-EMPG-FY 17
i. The Subrecipient must comply with all federal laws and regulations applicable to
pass-through entities of 17EMPG funds, including, but not limited to, those
contained in 2 CFR 200 .
ii. The Subrecipient shall require its subrecipient to comply with all applicable state
and federal laws, rules, regulations, requirements, and program guidance
identified or referenced in this Agreement and the informational documents
published by DHS/FEMA applicable to the 17EMPG Program, including, but not
Page 2 of36 Kittitas County. E 18·131
limited to, all criteria , restrictions, and requirements of the "Department of
Homeland Security (OHS) Notice of Funding Opportunity (NOFO) Fiscal Year
2017 Emergency Management Performance Grant (EMPG)" document, the DHS
Award Letter for Grant No . EMS-2017-EP-00004-S01 in Attachment 1, and the
federal regulations commonly applicable to DHS/FEMA grants.
iii. The Subrecipient shall be responsible to the Department for ensuring that all
17EMPG federal award funds provided to its subrecipient are used in
accordance with applicable federal and state statutes and regulations, and the
terms and conditions of the federal award set forth in Attachment 1 of this
Agreement.
2. BUDGET & REIMBURSEMENT
a. Within the total Grant Agreement Amount, travel , sub-contracts, salaries, benefits,
printing, equipment, and other goods and services or other budget categories will be
reimbursed on an actual cost basis unless otherwise provided in this Agreement.
b. The maximum amount of all reimbursement requests permitted to be submitted under this
Agreement, including the final reimbursement request, is limited to and shall not exceed
the total Grant Agreement Amount.
c. If the Subrecipient chooses to include indirect costs within the Budget (Exhibit E), an
indirect cost rate agreement negotiated between the federal cognizant agency for indirect
costs and the Subrecipient establishing approved indirect cost rate(s) as described in 2
CFR 200.414 and Appendix VII to 2 CFR 200 must be submitted to the Department.
However, under 2 CFR 200.414(f), if the Subrecipient has never received a negotiated
indirect cost rate agreement establishing federally negotiated rate(s), the Subrecipient
may negotiate a rate with the Department or charge a de minimis rate of 10% of modified
total direct costs. The Subrecipient's actual indirect cost rate may vary from the approved
rate, but must not exceed the 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 Key Personnel for approval
with an explanation for the change.
d. For travel costs, the Subrecipient shall comply with 2 CFR 200.474 and should consult
their internal policies, state rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as
now existing or amended, and federal maximum rates set forth at http://www.gsa.gov, and
follow the most restrictive. If travel costs exceed set state or federal limits, travel costs
shall not be reimbursed without written approval by Department Key Personnel.
e. Reimbursement requests will include 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@mil.wa.q ov no later than the due dates listed within the
Timeline (Exhibit D), but not more frequently than monthly.
Reimbursement request totals should be commensurate to the time spent processing by
the Subrecipient and the Department. If the reimbursement request isn't substantial
enough, the Subrecipient should request prior written approval from Department Key
Personnel to waive the due date in the Timeline (Exhibit D) and instead submit those costs
on the next scheduled reimbursement due date contained in the Timeline.
f. 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 auditors.
g. Any request for extension of a due date in the Timeline (Exhibit D) will be treated as a
request for Amendment of the Agreement and must be submitted to the Department Key
Personnel suffiCiently in advance of the due date to provide adequate time for Department
DHS-FEMA-EMPG-FY 17 Page 30f36 Kittitas County. E18-131
review and consideration, and can be granted or denied within the Department's sole
discretion.
h. All work under this Agreement must end on or before the Grant Agreement End Date, and
the final reimbursement request must be submitted to the Department within 45 days after
the Grant Agreement End Date, except as otherwise authorized by written amendment of
this Agreement and issued by the Department.
i. No costs for purchases of equipment/supplies will be reimbursed until the related
equipment/supplies have been received by the Subrecipient, its contractor, or any non-
federal entity to which the Subrecipient makes a subaward and is invoiced by the vendor.
j. Failure to timely submit complete reports and reimbursement requests as required by this
Agreement (including, but not limited to, those reports in the Timeline) will prohibit the
Subrecipient from being reimbursed until such complete reports and reimbursement
requests are submitted and the Department has had reasonable time to conduct its review .
k. Final reimbursement requests will not be approved for payment until the Subrecipient is
current with all reporting requirements contained in this Agreement.
I. A written amendment will be required if the Subrecipient expects cumulative transfers to
budget categories, as identified in the Budget (Exhibit E), to exceed 10% of the Grant
Agreement Amount. Any changes to budget category totals not in compliance with this
paragraph will not be reimbursed without approval from the Department.
m. 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 a reduction in non-federal resources occurred for reasons other than
the receipt or expected receipt of federal funds.
3. REPORTING
a. With each reimbursement request, the Subrecipient shall report how the expenditures, for
which reimbursement is sought, relate to the Work Plan (Exhibit C) activities in the format
provided by the Department.
b. With the final reimbursement request, the Subrecipient shall submit to the Department Key
Personnel a final report describing all completed activities under this Agreement.
c. In conjunction with the final report, the Subrecipient shall submit a separate report detailing
how the EMPG Training and ExerCise requirements were met for all personnel funded by
federal or matching funds under this Agreement.
d. 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-divlsion/grants/regui redgrantforms, which is incorporated by reference and
made a part of this Agreement.
e. The Subrecipient shall participate in the State's annual capabilities assessment for the
State Preparedness Report.
4. EQUIPMENT AND SUPPLY MANAGEMENT
a. The Subrecipient and any non-federal entity to which the Subrecipient makes a subaward
shall comply with 2 CFR 200.318 -200.326 when procuring any equipment or supplies
under this Agreement, 2 CFR 200 .313 for management of equipment, and 2 CFR 200.314
for management of supplies, to include, but not limited to:
DHS-FEMA-EMPG-FY 17
i. Upon successful completion of the terms of this Agreement, all equipment and
supplies purchased through this Agreement will be owned by the Subrecipient,
or a recognized non-federal entity to which the Subrecipient has made a
subaward, for which a contract, subrecipient grant agreement, or other means of
legal transfer of ownership is in place.
Page 4 of 36 Kittitas County. E18-131
ii. All equipment, and supplies as applicable, purchased under this Agreement will
be recorded and maintained in the Subrecipient's inventory system.
iii. Inventory system records shall include:
A. description of the property
B. manufacturer's serial number, model number, or other identification
number
C. funding source for the equipment, including the Federal Award
Identification Number (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
I. disposition data including the date of disposal and sale price of the
property.
iv. The Subrecipient shall take a physical inventory of the equipment, and supplies
as applicable, and reconcile the results with the property records at least once
every two years. Any differences between quantities determined by the physical
inspection and those shown in the records shall be investigated by the
Subrecipient to determine the cause of the difference. The Subrecipient shall, in
connection with the inventory, verify the existence, current utilization, and
continued need for the equipment.
v . The Subrecipient shall be responsible for any and all operational and
maintenance expenses and for the safe operation of their equipment and supplies
including all questions of liability. The Subrecipient shall develop appropriate
maintenance schedules and procedures to ensure the equipment, and supplies
as applicable, are well maintained and kept in good operating condition.
vi. The Subrecipient 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.
vii. The Subrecipient must obtain and maintain all necessary certifications and
licenses for the equipment.
viii. If the Subrecipient is authorized or required to sell the property, proper sales
procedures must be established and followed to ensure the highest possible
return.
DHS-FEMA-EMPG-FY 17
A. For disposition, if upon termination or at the Grant Agreement End Date,
when original or 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 in the same
manner as for equipment.
Page 5 of 36 Kittitas County, E 18-131
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 or 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 until all litigation, claims, or audit findings
involving the records have been resolved.
b. The Subrecipient shall comply with the Department's Purchase Review Process, which is
incorporated by reference and made part of this Agreement. No reimbursement will be
provided unless the appropriate approval has been received.
c. Allowable equipment categories for the EMPG Program are listed on the Authorized
Equipment List (AEL) located on the FEMA website at htt p://www.fema .gov/authorized-
equipment-list. It is important the Subrecipient and any non-federal entity to which the
Sub recipient makes a subaward regard the AEL as an authorized purchasing list
identifying items allowed under the specific grant program, and includes items that may
not be categorized as equipment according to the federal, state, local, and tribal definitions
of equipment. The Subrecipient is solely responsible for ensuring and documenting
purchased items under this Agreement are authorized as allowed items by the AEL at time
of purchase.
If the item is not identified on the AEL as allowable under EMPG, the Subrecipient must
contact the Department Key Personnel for assistance in seeking FEMA approval prior to
acquisition.
d. Unless expressly provided otherwise, all equipment must meet all mandatory regulatory
and/or DHS/FEMA adopted standards to be eligible for purchase using federal award
funds.
e. The Sub recipient must pass on equipment and supply managem ent requirements that
meet or exceed the requirements outlined above to any non-federal entity to which the
Subrecipient makes a subaward under this Agreement.
5. ENVIRONMENTAL AND HISTORICAL PRESERVATION
a. The Subrecipient shall ensure full compliance with the DHS/FEMA Environmental
Planning and Historic Preservation (EHP) program. EHP program infonnation can be
found at httos:/I WWW.fema.qov/office-environmental-planning-and-historic-preserva tion,
all of which are incorporated in and made a part of this Agreement.
b. Projects that have historical impacts or the potential to impact the environment,
including, but not limited to, construction of communication towers; modification or
renovation of existing buildings, structures and facilities; or new construction including
replacement of facilities, must participate in the DHS/FEMA EHP review process prior to
initiation. Modification of existing buildings, including minimally invasive improvements
such as attaching monitors to interior walls, and training or exercises occurring outside in
areas not considered previously disturbed, also reqlJire a DHS/FEMA EHP review before
project initiation.
c. 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.
DHS-FEMA-EMPG-FY 17 Page 6 of 36 Kittitas County, E18-131
d. The Sub recipient 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 by the Subrecipient before any
work is started for which reimbursement will be later requested. Expenditures for
projects started before completion of the EHP review process and receipt of approval by
the Subrecipient 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.9.
b. For all sole source contracts expected to exceed $150,000, the Subrecipient must submit
to the Department for pre-procurement review and approval the procurement documents,
such as requests for proposals, invitations for bids and independent cost estimates. This
requirement must be passed on to any non-federal entity to which the Subrecipient makes
a subaward, at which pOint the Subrecipient will be responsible for reviewing and
approving sole source justifications of any non-federal entity to which the Subrecipient
makes a subaward.
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-through funds are in compliance with this Agreement, federal and state audit
requirements, federal grant guidance, and applicable federal and state financial
regulations, as well as 2 CFR Part 200 Subpart F.
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://rniJ .wa .govJemergency-managemen t-
div1slon/grants/requiredgrantforms with the signed Agreement and each fiscal year
thereafter until the Agreement is closed, which is incorporated by reference and made a
part of this Agreement.
c. Monitoring activities may include, but are not limited to:
i. review of financial and performance reports
ii. monitOring and documenting the completion of Agreement deliverables
iii. documentation of phone calls, meetings, e-mails and correspondence
iv. review of reimbursement requests and supporting documentation to ensure
allowability and consistency with Agreement work plan, budget, and federal
requirements
v. observation and documentation of Agreement related activities, such as exercises,
training, funded events, and equipment demonstrations
vi. on-site visits to review equipment records and inventories, to verify source
documentation for reimbursement requests and performance reports, and to verify
completion of deliverables.
d. The Subrecipient is required to meet or exceed the monitoring activities, as outlined
above, 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 PROFIENCY (CIVIL RIGHTS ACT OF 1964 TITLE VI)
a. The Subrecipient must comply with the Title VI of the Civil Rights Act of 1964 (Title VI)
prohibition against discrimination on the basis of national origin, which requires that
subrecipients of federal financial assistance take reasonable steps to provide meaningful
access to persons with limited English proficiency (LEP) to their programs and services.
DHS-FEMA-EMPG-FY 17 Page 7 of 36 Kittitas County, E18-131
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 English Proficient Persons, 76 Fed. Reg. 21755-21768,
(April 18, 2011). The Guidance provides helpful information such as how a recipient can
determine the extent of its obligation to provide language services, selecting language
services, and elements of an effective plan on language assistance for LEP persons. For
additional assistance and information regarding language access obligations, please refer
to the DHS Recipient Guidance at httns :l/www.dhs .gov/guidance-published-he lp -
department-supported -organizations-provi de-meaning ful-access -people-limited and
additional resources on http://www.lep.gov.
9. NIMS COMPLIANCE
a. The National Incident Management System (NIMS) identifies concepts and principles that
answer how to manage emergencies from preparedness to recovery regardless of their
cause, size, location, or complexity . NIMS provides a consistent, nationwide approach
and vocabulary for multiple agencies or jurisdictions to work together to build, sustain, and
deliver the core capabilities needed to achieve a secure and resilient nation .
b. Consistent implementation of NIMS provides a solid foundation across jurisdictions and
disciplines to ensure effective and integrated preparedness, planning, and response.
NIMS empowers the components of the National Preparedness System, a requirement of
Presidential Policy Directive 8, to guide activities within the public and private sector and
describes the planning, organizational activities, equipping, training and exercising
needed to build and sustain the core capabilities in support of the National Preparedness
Goal.
c. In order to receive Federal Fiscal Year 2017 federal preparedness funding, to include
EMPG, the Subrecipient will ensure all NIMS objectives have been initiated andlor are in
progress toward completion. NIMS Implementation Objectives are located at
https:/lwww. fema.gov/media-li brary/assets/documents/1307 43.
B . EMPG PROGRAM SPECIFIC REQUIREMENTS
1. The Department receives EMPG Program funding from DHS/FEMA, which is provided to assist
state, local, and tribal governments to enhance and sustain all-hazards emergency management
capabilities as authorized by Robert T. Stafford Disaster Relief and Emergency Assistance Act,
as amended (42 U.S.C. §§ 5121 et seq .) and Section 662 of the Post Katrina Emergency
Management Act (6 U.S.C. § 762).
2. A portion of the 17EMPG is passed through to local jurisdictions and tribes with emergency
management programs to supplement their localltribal operating budgets to help sustain and
enhance emergency management capabilities pursuant to Washington Administrative Code
(WAC) 118-09.
3. The Subrecipient shall use the EMPG funds authorized under this Agreement only to perform
tasks as described in the Work Plan of the Subrecipient's application for funding, as approved by
the Department and incorporated into this Agreement.
4. Funding may not be used to replace or supplant existing local or tribal government funding of
emergency management programs
5. The Subrecipient shall provide a fifty percent match of $24,820 of non-federal origin. To meet
matching requirements, the Subrecipient cash matching contributions must be considered
reasonable, allowable, allocable, and necessary under the grant program and must comply with
all Federal requirements and regulations, including, but not limited to, 2 CFR Part 200. An
DHS-FEMA-EMPG-FY 17 Page 8of36 Kittitas County, E18--131
appropriate mechanism must be in place to capture, track, and document matching funds. In the
final report, the Subrecipient shall identify how the match was met and documented .
6. All personnel funded in any part through federal award or matching funds under this Agreement
shall:
a. participate in no less than three exercises in a 12-month period. The Subrecipient will
report exercise participation along with the final report;
b. complete and record proof of completion for the NIMS training requirements outlined in
the NIMS Training Program located at
https:/lwww.fema.gov/pdf/emergency/nims/nims train ing program.pdf (to include ICS
100, ICS 200, IS 700, and IS 800 for most personnel). The Subrecipient will report training
course completion by individual personnel along with the final report; and
c. complete either (1) the FEMA Professional Development Series IS 120, IS 230, IS 235, IS
240, IS 241, IS 242, and IS 244, or (2) the National Emergency Management Basic
Academy. The Subrecipient will report training course completion by individual personnel
along with the final report.
C. DHS TERMS AND CONDITIONS
As a subrecipient of 17EMPG program funding, the Subrecipient shall comply with all applicable DHS
terms and conditions of the 17EMPG Award Letter and its incorporated documents for DHS Grant No.
EMS-2017 -EP-00004-S01, which are incorporated and made a part of this Agreement as Attachment 1.
DHS-FEMA-EMPG-FY 17 Page 9 of 36 Kittitas County, E18-131
A.1 DEFINITIONS
Washington State Military Department
GENERAL TERMS AND CONDITIONS
Department of Homeland Security (DHS)/
Federal Emergency Management Agency (FEMA)
Grants
Exhibit B
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
under 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 "subrecipient" 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 project(s)
for which federal funding is sought and provided under this this Agreement. Such grant
application is hereby incorporated into this Agreement by reference.
A.2ADVANCE PAYMENTS PROHIBITED
The Department shall make no payments in advance or in anticipation of goods or services to be provided
under 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
incorporated herein until made in writing and signed by the authorized representatives of the Department
and the Subrecipient. No other understandings or agreements, written or oral, shall be binding on the
parties.
A.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
individuals 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,
Ineligibility, and Voluntary Exclusion form located at http ://mH .wa .gov/emerQency-management-
division/gralits/reguJredgrantforms. Any such form completed by the Subrecipient for this Agreement
shall be incorporated into this Agreement by reference.
DHS-FEMA-EMPG-FY 17 Page 10 of 36 Kittitas County, E 18-131
Further, the Subrecipient agrees to comply with all applicable federal regulations concerning the federal
debarment and suspension system, including 2 CFR Part 180. The Subrecipient certifies that it will
ensure that potential contractors or subrecipients or any of their principals are not debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in "covered
transactions" by any federal department or agency. "Covered transactions" include procurement
contracts for goods or services awarded under a non-procurement transaction (e.g. grant or cooperative
agreement) that are expected to equal or exceed $25,000, and subawards to subrecipients for any
amount. With respect to covered transactions, the Subrecipient may comply with this provision by
obtaining a certification statement from the potential contractor or subrecipient or by checking the System
for Award Management (http://www.sam.qov) maintained by the federal government. The Subrecipient
also agrees not to enter into any arrangements or contracts with any party on the Washington State
Department of Labor and Industries' "Debarred Contractor List"
(https:llsecure.lnj,.wa.gov/debarandstrike/ContractorDebarLlst.aspx). 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
(hltp:l/www.des.wa,gov/services/ContractingPurchasing/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
in connection with the awarding of any federal contract, the making of any federal grant, the making of
any federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement; (2)
that if any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this
Agreement, grant, loan, or cooperative agreement, the Subrecipient will complete and submit Standard
Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; (3) and that, as
applicable, the Subrecipient will require that the language of this certification be included in the award
documents for all subawards at all tiers (including sub-contracts, sub-grants, and contracts under grants,
loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This
certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into, and is a prerequisite for making or entering into this transaction imposed by section
1352, title 31, U.S. Code.
A8 CONFLICT OF INTEREST
No officer or employee of the Department; no member, officer, or employee of the Subrecipient or its
designees or agents; no member of the governing body of the jurisdiction in which the project is
undertaken or located; and no other official of the Subrecipient who exercises any functions or
responsibilities with respect to the project during his or her tenure, shall have any personal or pecuniary
gain or interest, direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to be
performed in connection with the project assisted under this Agreement.
The Subrecipient shall incorporate, or cause to incorporate, in all such contracts or subawards, a
provision prohibiting such interest pursuant to this provision.
A9 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-EMPG-FY 17 Page 11 of36 Kittitas County, E18-131
State Building Code (RCW 19.27), Energy Related Building Standards (RCW 19.27A), Provisions in
Buildings for Aged and Handicapped Persons (RCW 70.92), and safety and health regulations.
In the event of noncompliance or refusal to comply with any applicable law, regulation, executive order,
OMB Circular or policy by the Subrecipient, its contractors or subrecipients, the Department may rescind,
cancel, or terminate the Agreement in whole or in part in its sole discretion. The Subrecipient is
responsible for all costs or liability arising from its failure, and that of its contractors and subrecipients, to
comply with applicable laws, regulations, executive orders, OMB Circulars or policies.
A.10 CONTRACTING & PROCUREMENT
a. The Subrecipient shall use a competitive procurement process in the procurement and award of
any contracts with contractors or sub-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,
must 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,
12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375,
"Amending Executive Order 11246 Relating to Equal Employment Opportunity," and
implementing 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
entities 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
employment 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-EMPG-FY 17 Page 12 of 36 Kittitas County, E18-131
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
under working conditions which are unsanitary, hazardous or dangerous. These
requirements do not apply to the purchases of supplies or materials or articles ordinarily
available 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
definition 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. 7401-7671q.) 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.
1251-1387). 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 for Award 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
declared 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, a non-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
and resource recovery; and establishing an affirmative procurement program for
procurement of recovered materials identified in the EPA guidelines.
11) Notice of awarding agency requirements and regulations pertaining to reporting.
12) Federal awarding agency requirements and regulations pertaining to copyrights and rights in
data.
DHS-FEMA-EMPG-FY 17 Page 13 of 36 Kittitas County, E18-131
The Department retains the sole discretion to determine whethe r a valid claim for an exemption from the
audit requirements of this provision has been established.
The Subrecipient shall include the above audit requirements in any subawards.
Conducting a single or program-specific audit in compliance with 2 CFR Part 200 Subpart F is a material
requirement of this Agreement. In the absence of a valid claim of exemption from the audit requirements
of2 C FR Part 200 Subpart F, the :Subrecipient's failu re to comply with said audit requirements ma y resu lt
in 0ne or more of the followi ng actions in the Departm ent's sol~ disc retion : a percentage of federal award s
being withheld until the aud it is comp leted in accord ance with 2 CFR Part 200 Subpa rt F; the withholding
or disallowing of overhead costs; the suspension of federal awa rds until the audit is conducted and
submitted; or termination of the federal award.
A.29 SUBREC IP IENT NOT EMPLOYEE
The parties intend that an independent contractor relationship will be created by this Agreement. The
Subrecipient, and/or employees or agents performing under this Agreement are not employees or agents
of the Department in any manner whatsoever. The Subrecipient will not be presented as , nor claim to
be , an officer or employee of the Department by reason of this Agreement, nor will the Subrecipient make
any claim, demand, or application to or for any right or privilege applicable to an officer or employee of
the Department or of the State of Washington by reason of this Agreement, including, but not limited to ,
Workmen's Compensation coverage, unemployment insurance benefits, social security benefits,
retirement membership or credit, or privilege or benefit which would accrue to a civil service employee
under Chapter 41.06 RCW.
It is understood that if the Subrecipient is another state department, state agency, state university, state
college, state community college, state board, or state commisSion, that the officers and employees are
employed by the state of Washington in their own right and not by reason of this Agreement.
A.30 T A XES , FEES AND LICE NSES
Unless otherwise provided in this Agreement, the Subrecipient shall be responsible for, pay and maintain
in current status all taxes, unemployment contributions, fees , licenses, assessments, permit charges and
expenses of any other kind for the Subrecipient or its staff required by statute or regulation that are
applicable to Agreement performance .
A.31 TERMINATION FOR CONVENIENCE
Notwithstanding any provisions of this Agreement, the Subrecipient may terminate this Agreement by
providing written notice of such termination to the Department Key Personnel identified in the Agreement,
specifying the effective date thereof, at least thirty (30) days prior to such date.
Except as otherwise provided in this Agreement, the Department, in its sole discretion and in the best
interests of the State of WaShington, may terminate this Agreement in whole or in part by providing ten
(10) calendar days written notice, beginning on the second day after mailing to the Subrecipient. Upon
notice of termination for convenience , the Department reserves the right to suspend all or part of the
Agreement, withhold further payments, or prohibit the Subrecipient from incurring additional obligations
of funds. In the event of termination, the Subrecipient shall be liable for all damages as authorized by
law. The rights and remedies of the Department provided for in this section shall not be exclusive and
are in addition to any other rights and remedies provided by law.
A.32 TERMINATION OR SUSPENSION FOR CAUSE
In the event the Department, in its sole discretion, determines the Subrecipient has failed to fulfill in a
timely and proper manner its obligations under this Agreement, is in an unsound financial condition so
as to endanger performance hereunder, is in violation of any laws or regulations that render the
Subrecipient unable to perform any aspect of the Agreement, or has violated any of the covenants,
agreements or stipulations of this Agreement, the Department has the right to immediately suspend or
terminate this Agreement in whole or in part.
The Department may notify the Subrecipient in writing of the need to take corrective action and provide
a period of time in which to cure . The Department is not required to allow the Subrecipient an opportunity
to cure if it is not feasible as determined solely within the Department's discretion. Any time allowed for
cure shall not diminish or eliminate the Subrecipient'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
corrective action is not taken within ten (10) calendar days or as otherwise specified by the Department,
DHS-FEMA-EMPG-FY 17 Page 18 of 36 Kittitas County , E 1 8-131
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,
documents, papers, and records of the contractor which are directly pertinent to that specific
contract for the purpose of making audit, examination, excerpts, and transcriptions.
14) Retention of all required records for six years after the Subrecipient has made final payments
and all other pending matters are closed.
15) 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
directly connected with the administration of the Department's or the Subrecipient's responsibilities with
respect to services provided under this Agreement is prohibited except by prior written consent of the
Department or as required to comply with the state Public Records Act, other law or court order.
A.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
dispute. Each party shall bear the cost for its panel member and its attorney fees and costs, and share
equally the cost of the third panel member.
A.13 LEGAL RELATIONS
It is understood and agreed that this Agreement is solely for the benefit of the parties to the Agreement
and gives no right to any other party. No joint venture or partnership is formed as a result of this
Agreement.
To the extent allowed by law, the Subrecipient, its successors or assigns, will protect, save and hold
harmless the Department, the State of Washington, and the United States Government and their
authorized agents and employees, from all claims, actions, costs, damages or expenses of any nature
whatsoever by reason of the acts or omissions of the Subrecipient, its sub-contractors, subrecipients,
assigns, agents, contractors, consultants, licensees, invitees, employees or any person whomsoever
arising out of or in connection with any acts or activities authorized by this Agreement.
To the extent allowed by law, the Subrecipient further agrees to defend the Department and the State of
WaShington and their authorized agents and employees in any litigation; including payment of any costs
or attorneys' fees for any claims or action commenced thereon arising out of or in connection with acts
or activities authorized by this Agreement.
This obligation shall not include such claims, costs, damages or expenses which may be caused by the
sole negligence of the Department; provided, that if the claims or damages are caused by or result from
the concurrent negligence of (1) the Department, and (2) the Subrecipient, its agents, or employees, this
indemnity provision shall be valid and enforceable only to the extent of the negligence of the Subrecipient,
or Subrecipient's agents or employees.
Insofar as the funding source, the Department of Homeland Security (DHS)/Federal Emergency
Management Agency (FEMA), is an agency of the Federal government, the following shall apply:
DHS-FEMA-EMPG-FY 17 Page 14 of 36 Kittitas County, E 1 8-131
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
Authorized Signature representative of the Subrecipient or Alternate for the Sub recipient, 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
by both parties' Authorized Signature representatives.
Further, only the Authorized Signature representative or Alternate for the Subrecipient shall have
signature authority to sign reimbursement requests, time extension requests, amendment and
modification requests, requests for changes to projects or work plans, and other requests, certifications
and documents authorized by or required under this Agreement.
A.15 LOSS OR REDUCTION OF FUNDING
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
after the effective date of this Agreement and prior to normal completion or end date, the Department
may unilaterally reduce the scope of work and budget or unilaterally terminate all or part of the Agreement
as a "Termination for Cause" without providing the Subrecipient an opportunity to cure. Alternatively, the
parties may renegotiate the terms of this Agreement under "Amendments and Modifications" to comply
with new funding limitations and conditions, although the Department has no obligation to do so.
A.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/HEAL TH ACT and WASHINGTON INDUSTRIAL SAFETYI HEALTH ACT
(OSHAIWISHA)
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
interest or title to such property of the Subrecipient. The Subrecipient shall assume all liabilities and
responsibilities arising from the ownership and operation of the project and agrees to indemnify and hold
the Department, the state of Washington and the United States government harmless from any and all
causes of action arising from the ownership and operation of the project.
A.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.
DHS-FEMA-EMPG-FY 17 Page 15 of 36 Kittitas County, E18-131
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
matters relating to this Agreement wherein the Department's name is mentioned or language used from
which the connection of the Department's name may, in the Department's judgment, be inferred or
implied. The Subrecipient agrees not to publish or use such advertising and publicity matters without the
prior written consent of the Department. The Subrecipient may copyright original work it develops in the
course of or under this Agreement; however, pursuant to 2 CFR Part 200.315, FEMA reserves a royalty-
free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize
others to use the work for government purposes.
Publication resulting from work performed under this Agreement shall include an acknowledgement of
FEMA's financial support, by CFDA number, and a statement that the publication does not constitute an
endorsement by FEMA or reflect FEMA's views.
A.24 RECAPTURE PROVISION
In the event the Subrecipient fails to expend funds under this Agreement in accordance with applicable
federal, state, and local laws, regulations, and/or the provisions of the Agreement, the Department
reserves the right to recapture funds in an amount equivalent to the extent of noncompliance. Such right
of recapture shall exist for the life of the project following Agreement termination. Repayment by the
Subrecipient of funds under this recapture provision shall occur within 30 days of demand. In the event
the Department is required to institute legal proceedings to enforce the recapture provision, the
Department shall be entitled to its costs and expenses thereof, including attorney fees from the
Subrecipient.
A.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
and audited by the Department or its designee, by the Office of the State Auditor, DHS, FEMA or
their deSignees, by the Comptroller General of the United States or its designees, or by other
state or federal officials authorized by law, for the purposes of determining compliance by the
Subrecipient with the terms of this Agreement and to determine the appropriate level of funding
to be paid under the Agreement.
c. The records shall be made available by the Subrecipient for such inspection and audit, together
with suitable space for such purpose, at any and all times during the Subrecipient's normal
working day.
d. The Subrecipient shall retain and allow access to all records related to this Agreement and the
funded project(s) for a period of at least six (6) years following final payment and closure of the
grant under this Agreement. Despite the minimum federal retention requirement of three (3)
years, the more stringent State requirement of six (6) years must be followed.
A.26 RESPONSIBILITY FOR PROJECTtSTATEMEN:r OF WORKIWORK PLAN
While the Department undertakes to assist the Subrecipient with the project/statement of work/work plan
(project) by providing federal award funds pursuant to this Agreement, the project itself remains the sole
responsibility of the Subrecipient. The Department undertakes no responsibility to the Subrecipient, or
to any third party, other than as is expressly set out in this Agreement.
DHS-FEMA-EMPG-FY 17 Page 16 of 36 Kittitas County, E18-131
The responsibility for the design, development, construction, implementation, operation and maintenance
of the project, as these phrases are applicable to this project, is solely that of the Subrecipient, as is
responsibility for any claim or suit of any nature by any third party related in any way to the project.
Prior to the start of any construction activity, the Subrecipient shall ensure that all applicable federal,
state, and local permits and clearances are obtained, including, but not limited to, FEMA compliance with
the National Environmental Policy Act, the National Historic Preservation Act, the Endangered Species
Act, and all other environmental laws, regulations, and executive orders.
The Subrecipient shall defend, at its own cost, any and all claims or suits at law or in equity, which may
be brought against the Subrecipient in connection with the project. The Subrecipient shall not look to the
Department, or to any state or federal agency, or to any of their employees or agents, for any
performance, assistance, or any payment or indemnity, including, but not limited to, cost of defense
and/or attorneys' fees, in connection with any claim or lawsuit brought by any third party related to any
design, development, construction, implementation, operation and/or maintenance of a project.
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 (incfudlnq all AMENDMENTS)
Non-federal entities, as subrecipients of a federal award, that expend $750,000 or more in one fiscal year
of federal funds from all sources, direct and indirect, are required to have a single or a program-specific
audit 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 (GAGAS) 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 GAGAS, as appropriate. Costs of the
audit 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
and 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
information or corrective action concerning audit issues or findings within 30 days of the date of
request. The Department reserves the right to recover from the 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 Subrecipient's 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:l lwww.mil .wa.govJemergency-management-division/grants/regulredgrantforms ) to the Department
at the address listed above identifying this Agr~ement and explaining the criteria for exemption no later
than nine (9) months after the end of the Subrecipient's fiscal year(s).
DHS-FEMA-EMPG-FY 17 Page 17 of36 Kittitas County, E18-131
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.
In the event of termination, the Subrecipient shall be liable for all damages as authorized by law, including,
but not limited to, any cost difference between the original Agreement and the replacement or cover
Agreement and all administrative costs directly related to the replacement Agreement, e.g., cost of
administering the competitive solicitation process, mailing, advertising and other associated staff time.
The rights and remedies of the Department provided for in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law.
If it is determined that the Subrecipient: (1) was not in default or material breach, or (2) failure to perform
was outside of the Subrecipient's control, fault or negligence, the termination shall be deemed to be a
"Termination for Convenience".
A.33 TERMINATION PROCEDURES
In addition to the procedures set forth below, if the Department terminates this Agreement, the
Subrecipient shall follow any procedures specified in the termination notice. Upon termination of this
Agreement and in addition to any other rights provided in this Agreement, the Department may require
the Subrecipient to deliver to the Department any property specifically produced or acquired for the
performance of such part of this Agreement as has been terminated.
If the termination is for convenience, the Department shall pay to the Subrecipient as an agreed upon
price, if separately stated, for properly authorized and completed work and services rendered or goods
delivered to and accepted by the Department prior to the effective date of Agreement termination, the
amount agreed upon by the Subrecipient and the Department for (i) completed work and services and/or
equipment or supplies provided for which no separate price is stated, (ii) partially completed work and
services and/or equipment or supplies provided which are accepted by the Department, (iii) other work,
services and/or equipment or supplies which are accepted by the Department, and (iv) the protection and
preservation of property.
Failure to agree with such amounts shall be a dispute within the meaning of the "Disputes" clause of this
Agreement. If the termination is for cause, the Department shall determine the extent of the liability of
the Department. The Department shall have no other obligation to the Subrecipient for termination. The
Department may withhold from any amounts due the Subrecipient such sum as the Department
determines to be necessary to protect the Department against potential loss or liability.
The rights and remedies of the Department provided in this Agreement shall not be exclusive and are in
addition to any other rights and remedies provided by law.
After receipt of a notice of termination, and except as otherwise directed by the Department in writing,
the Subrecipient shall:
a. Stop work under the Agreement on the date, and to the extent specified, in the notice;
b. Place no further orders or contracts for materials, services, supplies, equipment and/or facilities
in relation to this Agreement except as may be necessary for completion of such portion of the
work under the Agreement as is not terminated;
c. Assign to the Department, in the manner, at the times, and to the extent directed by the
Department, all of the rights, title, and interest of the Subrecipient under the orders and 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-EMPG-FY 17 Page 19 of 36 Kittitas County, E18-131
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
out of this Agreement shall be the Superior Court of Thurston County, Washington. The Subrecipient,
by execution of this Agreement acknowledges the jurisdiction of the courts of the State of Washington.
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
during such breach, shall not constitute a waiver of any right under this Agreement.
DHS-FEMA-EMPG-FY 17 Page 20 of 36 Kittitas County, E 18-131
Exhibit C
WORK PLAN
FY 2017 Emergency Management Performance Grant
Em erge ncy Managemenr Organ ization Kittitas CountY She riff's Office
The purpose of EMPG is to assist with the enhancement, sustainment and improvement of state, local, and tribal emergency management
programs. Activities conducted using EMPG funding shou Id relate directly to the five elements of emergency management: prevention,
protection, response, recovery, and mitigation. Washington State does not require a specific number of activities to receive EMPG fund ing.
However, there are required capabilities that must be sustained in order to remain eligible for EMPG funding, including but not limited to
the ability to communicate and warn, educate the public, train and exercise, plan, and be NIMS compliant. The Work Plan delineates the
Emergency Management Organization's emergency management program planning and priority focus for this grant cycle (to include
17EMPG grant and local funds).
Em ergency Ope rat ions Planning
W O RK PLANNED
1 Attend Em ergency Management trainine to
Include, Partners in Emergency Preparedness and
WSE MA
2 Con d uct NIMS/ICS training
3 Expa n d EOC Operations
-Purchase Emergency Operation Center supplies.
Th e focus of this activity is printing costs for
evacuation notices, dry erase boards/marks,
sie:nage for EOC positions, etc.
4 Pu rChase the Apollo .application and Runtime
licensing
Program Area #2
PI! bl.it Outreach
WHY THE WORK IS BEING DONE
Attrition i n personnel, n ew hlri ng,_an d f urther
education of Emergency Operations staff is a
cen t lnuel process. TlGined p r ofession als are
better eq uipped to handl_e emereent, stressful
inddents
Sponspri!1g NIMS/ICS da~-a "ows more local
m unidpal alld county employees to take classes,
which expand the pool of qualified staff in the
event.of a:disaster.
RESULT 01= THE WORK
Th £S will r~1t in a professional EM staff that are
well trained; knowledgeable and have the ability
t o b etter serve_the p eople of Kittitas County.
More-p eople I n Klttit.as -CountY are knowledgeable
about N I M S/I~S. Th is will lead to a mor,e ~ectl ve
and efficient respo nse to Inddents due to' $taff
bei n g bert.er trai ned .
An alternate EOC is needed i n order for Kittitas Stocking additional alternate EOC locations will
Co u nty t b be effecti\le f or-co o rdinating emerge ncy allow 'Kihltas County to choose the size of center
events. Kittitas County currentlv uses their office need ed accord ingto the size of tfie inddent. The
as an EOC for smaller events. It was discovered three EOe site optio ns will allow Kittitas County
~u ring the large Jolly Mountain fire that the and the City of Ellensburg to havescaJable cliolces
!=urrent space i ~'not' conducive for coordinating wh ~n it comes to activati ng an EOC.
large r events. DeciSion was made to move to the
klttita:;. Valley Fire &' Rescue (KVFR) training room.
Ad ditionally tne Sheriff's Office Is located in a
f lood oZone. so inthe event of flooding it may
become necessa ry to move.
Continual GIS mapping is nee ded to -better ~ssist
t.he Cou nty with mit igation proJe.cts. buildine
requi rem~nts, damag:e assess ments and overall
safety f or residents. The 'mapping programs are
exp ensl ve ;lnd have crea ted a gap in technological
ca pa billt!1:$.
The Apollo applfcat io n will allo w . KIttitas County to
collect map feature data in the form,of flood or
ffre damage assessments. This will allow editing of
map data that can then be 5Ynchro nlt.ed w it h
servers for mobile devices f o r in-field assessm ents_
WORK PLANN ED WHY THE WORK IS BEING DONE RESULT OF THE WORK
1 Co ntin ue olitreacn 'to I1mfted English profiCiency To ensure the LEP populations know where to
(LEP) populati o ns to include trying to engage lEP receiv,e emergency information.
populations where they live, work, and go for
services, an d th rOu g h fa ith-based o rga nlzatians.
Al SQ . locat.e dedlcated translators that cou ld .assist
in EOC operations.
DHS-FEMA-EMPG-FY 17 Page 21 of 36
OJ/ri ng t i mes of disasters, the LEP populations in
Kittitas County will be well' informed, thus making
people safer during the response and recovery of
a disaster. Gaining a translator will allow faster
emergency Information to be broadcast and
pu b lfslled,g!v lng the LEP populations additional
speclficcritJca I information during emergencies.
Kittitas County. E18-131
1 Update Community Wildfire Protection Plan
(CWPP).
3 Work with the small municipalities to better
d~lop Emergency Management plans
The most recent CWPP is dated 2009 and needs to, fTh is plan will identify prioritized areas for
be updated. The CWPP for Kittitas County, is the h~rdous fuel reduction treatments on Federal,
result of a collaborative effort by numerous . state, and private land, and will build on existing
concerned agencies and citizens in Kittitas County efforts to restore healthy forest conditions within
assessing wildfire risks, collecting data for those the county. The plan will clarify County priorities
risks. and analyzing the data with the expressed for the protection of life. property, and critical
intent to reduce the potential for wildfires that are infrastructure, as well as, identify wildland-urban
a threat to people, structures, and infrastructure interface areas.
In Kittitas .County. The CWPP identifies wildfire
respo nse capability, educates homeowners to
reduce .the ignitability of structures, and evaluates
critical infrastructure throughout the county.
1'hesm;Jllmun icipalities do not have their own EM Byworklng through ·the planning process, the
departments and rely on the County for their ~ma ller communities will be "trained" in
Emergency Management needs. emergency ma nagement operations. They will be
better ablMo understand what is needed to more
effectlvely plan and prepare for and respond to
the e mergencies that impact their communities,
wh ich will lead to more community resilience and
less.reliance on the county staff.
p.r~gi;!rnA~1!'?> --- -~ _ -; - - - - -- -,
Exercises
WORK PLANNED
1 Co nduct yearly tabletop exercises on active
violence in Kittitas County Schools.
I
2 Conduct'the yearly Ma~Ciisuatty !ncfc;lent
exercise.
3 Con~uct IiA?MATtraining.
WHY THE WORK IS BEING DONE RESULT OF THE WORK
Yearly table top exerCises will help stave off gaps Tabletop exercises will showcase how prepared
in the school's response to active violence. The schools are in dealing with an active violence
active violence program is an ongoing program incident allowing for continual adjustment to the
designed to increase the effectiveness of school program to achieve the most optimal, flawless
employees in the response to an active violence response possible.
incident.
Th-I!! exercise is needed to bridge the gap between
Fire/EMS response and medical dispatch to
trauma centers to more efficiently triage and
tra-nspOrt' pa:t/ent$.
A gap identified in the County's THIRA indicates
that our local Fire/EMS/lE·are no prepared to
handle ,l'Iarge HAZMAT incident. Our local Fire
DJstrlcts are mainly volunteer stations. Training is
\imited, Specialized Hazmat training will enhance
the response :tothe-community.
Exercising the current plans wi ll help identify areas
of improvement; Continl,Jally exercising and
critiquing our response will lead to an effective
a-nd efficTellt response.
Training wHI help Fire/EMS and LE respondmore
effectively to a Hazmat incident.
Program Aiea#4 _ --_ -
Communications eq uipment
WORK PLANNED
1 Purchase base radIos and install in the mobile
cOm mand vehicle.
DHS-FEMA-EMPG-FY 17
WHY THE WORK IS BEING DONE
Themoblle comrna,rid 1Jehl(Je r;I~i<;)S are
antiquated and need updating. These radio
updates are not in the county budget but are
e55cntial iforEM communications in the event of-a
disaster.
Page 22 of36
RESULT OF THE WORK
The radio ba-sesiatfon will aUowthe occupants to
speaJ.::-with dispatch atld ot1\er dep'~yed assets.
Kittitas County, E18-131
1 Purchase of portable mini computer device
(Surfa ce Pro)
Tactica l response enha ncemel1t
WORK PLANNED
1 SWAT Team
-Purchase ballistic helmets for new members
~ Purchase gas masks for new members.
DHS-FEMA-EMPG-FY 17
The need for consistent communication in the Citizens of Kittitas County will receive accurate,
field is invaluable. The Surface Pro will be able to emer&ent information and allow people to make
deploy to an incident, take pictures, complete informed decisions in an emergency.
reports, send/receive emaiis, and post inf.orrnatlc:m
t o our website, Facebook, and twitter. This will fill
a· gap in the need for speedy and accurate
I nfo rmat ion being disseminated to the public.
WHY THE WORK IS BEING DONE RESULT OF THE WORK
The expansion of the SWAT team's membership The multi-jurisdictional team receiving the
has created a gap with equipment that is available IJpdat~ specialil~ safety equipment will have
and what is needed. The multi-jurisdictional team matchlnc gear, look professional, and above aff be
is comprised of the Sheriff's Office, Central $afe r'when responding to s~rious threats. And the
Wa.shington UniverSity Police Department, Cle tea m will have the abirrtyto respond, whe.n
Elum Police Department, and we will be gaining a needed, in a chemical enllironment.
member from Kittitas Police Department. The
sma ller agencies can not afford new, updated
equipment and operators are currently using
older, antiquated, passed-down equipment which
does not provide the best protection. EM PG funds
would allow the team members the opportunity
t.o have the safest eqUipment to better protect the
employees:
Page 23 of 36 Kittitas County, E18-131
Exhibit 0
TIMELINE
FY 2017 Emergency Management Performance Grant
DATE TASK
June 1,2017 Grant Agreement Start Date
Apri130,2018 Submit reimbursement request
August 31, 2018 Grant Agreement End Date
October 15, 2018 Submit final reimbursement request, final report, Training and
Exercise Requirement report, and/or other deliverables.
DHS-FEMA-EMPG-FY 17 Page 24 of 36 Kittitas County, E18-131
Exhibit E
BUDGET
FY 2017 Emergency Management Performance Grant
17EMPG AWARD I '-$'-----_~24..:.:..,8:...::2:..:..:0.:..:..:oo=_1
SOLUTION
AREA CATEGORY EMPG AMOUNT Match AMOUNT
------~~~------~~----Salaries & Benefits $ -I $ 44,764
(,!J Overti me/Ba ckfill $ -1 $ -z Consu ltants/Co ntractors $ z 5,000 ! $ · z Goods & Services $ 2,~OO ~ $ · :s Travel/Per Diem $ $ -Q. ,
Subtotal $ 7,800 $ 44,764
g '~:~~~~::;k~~lts $ --$ -
$ -S ·
~ Consulta nts/Contractors $
14,toO I $ -z Goods & Services .$ $ ,.
~ Travel/?er Diem $ -$ -
a::
0 Subtotal $ 14,100 S -
Salaries & Benefits S -$ -
IU Overtime/Backfill $ -S VI Consu ltants/Contracto rs $ $ u -· a:: Goods & Services $ ~oo I' $ -w x Travel/Per Diem $ $ IU -
Subtotal $ 500 $ ·
Salaries & Benefits $ -$ ·
(,!J Overti me/Backfill $ -I $ -z Cons ultants/C01"lt(3cters $ $ . -z Goods & Services $ 1,250 \ $ ~ -
Travel/Per Diem $ 1,170 r ,$ -I-
Subtotal $ 2.420 $ -
e: Equip ment $ -~ • C1 Subtotal $ -$ -~
Salaries & Benefits $ -I s -
Overtime/Backfill $ -~ $ -
< Consulta nts/Contractors $ -$ -alJ Goods & Services $ • $ ~ . ·
$
I
$ Travel/Per Diem --
Subtotal $ -S ·
Indirect $ --" .$ -'. ---.. ----..
Indirect Cost Rate on file 0% for Time Period 0/
TOTAL Grant Agreement AMOUNT: S 24,820 J $ 44,764
• The Subrecipient will provide a match of $24,820 of non-federal origin, 50% of the total project cost (local) budget plus
EMPG award).
• Cumulative transfers to budget categories in excess of 10% of the grant agreement amount will not be reimbursed
without prior written authorization from the Department.
Funding Source: U.S. Department of Homeland Security -PI# 773PT -EMPG
DHS-FEMA-EMPG-FY 17 Page 25 of 36 Kittitas County, E18-131
Award Let"ler
17EMPG Award Document
EMS-2017-EP-00004-S01
--------
Attachment 1
U.S. Department of Homeland Security
Washington, D.C. 20472
Bret Daugherty
Washington Military 0 epa rtme nt
Building 20
Camp Murray, WA98430 -5122
Re: Grant No.EMS-2017-EP-OOOO4
Dear Bret Da ug herty:
Congratulations, on behalf ofthe Department of Homeland Security, yo ur application for financial assistan ce sub mitted under
the Fiscal Year (FY) 2017 Emergency Management Performance Grants has been approved in the amount of $7,3)6,624.00.
As a condition of this award, you are required to contribute a cost match in the amount of $7 ,306 ,624 DO of non-Federal funds,
or 50 percent of the total approved project costs of $14,613,248.00.
Before you request and receive any ofthe Federal funds awarded to you, you must establish acceptance of the award. By
accepting this award, you acknowledge that the terms of the following documents are incorporated into the terms of your
award:
" Agreement Articles (attached to this Award Letter)
" Obligating Document (attached to this Award Letter)
" FY 2017 Emergency Management Performance Grants Notice of Funding Opportunity.
Please make sure you read, understand, and maintain a copy of these documents in your official file forthis award.
In orderto establish acceptance of the award and its terms, please follow these instructions:
Step 1: Please log in to the NO Grants system at https:/lportal.fema.gov.
Step 2: After logging in, you will see the Home page with a Pending Tasks menu. Click on the Pending Tasks menu, select the
Application sub-menu, and then click the link for "Award Offer Review" tasks. This linkwiU navigate you to Award Packages
that are pending review.
Step 3: Click the Review Award Package icon (wrench) to review the Award Package and accept or decline the award. Please
save or print the Award Package for your records.
System for Award Management (SAM): Grant recipients are to keep all of their information up to date in SAM, in particular,
your organization's name, address, DUNS number, EIN and banking information. Please ensure that the DUNS number used
in SAM is the same one used to apply for all FEMA awards. Future payments will be contingent on the information provided
in the SAM; therefore, it is imperative that the nforrnation is correct The System for Award Management is located at http://
www.sam.qov.
If you have any questions or have updated your information in SAM, please let your Grants Management Specialist (GMS)
know as soon as possible. This will help use to make the necessary updates and avoid any interruptions in the payment
process.
DHS-FEMA-EMPG-FY 17 Page 26 of 36 Kittitas County, E18-131
SH.AR ON L YN N LO PER R egio na LAd ministrator
DHS-FEMA-EMPG-FY 17 Page 27 of36 Kittitas County, E18-131
S at .Oct01 00 :00:00 GMT20~6
GRANTEE:
PROGRAM:
AGREEMENT NUMBER:
,Miele I
Artiele II
Miele III
MiclelV
Miele V
Miele \1\
Miele \1\1
Article \1\11
Article IX
MicleX
MicleXI
Article XII
Article XIII
DHS-FEMA-EMPG-FY 17
u.s. Department of Homeland Security
Washington, D.C. 20472
AGREEMENT ARTICLES
Emergency Management Performance Grants
VVashington Military Department
Emergency Management Performance
Grants
EMS-20 17 -EP-00004-S01
TABLE OF CONTENTS
Whistle blower Protection .Act
Use ofDHS Seal, Logo and Flags
USA Patriot Act of2001
Universal Identifier and System of Award Management
(SAM)
Reporting of Matters Related to Recipient Integr~y and
Performance
Rehabilitation Act of1973
Trafficking Victims Protection Act of 2000
Terrorist Financing
SAFECOM
Reporting Subawards and Executive Compensation
Procurement of Recovered Materials
Patents and Intellectual Property Rights
Notice of Funding Opportunity Requirements
Page 28 of 36 Kittitas County, E18-131
Article XIV
Article XV
Article XVI
Article XVII
Article XVIII
Article XIX
Article XX
Article XXI
Article XXII
Article XXIII
Article XXIV
Article XXV
Article XXVI
Article XXVII
Article XXVIII
Article XXIX
Article XXX
Article XXXI
Article XXXII
Article XXXIII
Article XXXIV
Article XXXV
Article XXXVI
DHS-FEMA-EMPG-FY 17
Non-supplanting Requirement
Lobbying Prohibitions
Umited English Proficiency (Civil Rights Act of 1964, Title VI)
Hotel and Motel Fire Safety Act of 1990
Fly America Act of 1974
Best Practices For Collection and Use of Personally
Identifiable Information (Pill
Americans with Disabilities Act of 1990
Age Discrimination Act of 1975
Activities Conducted Abroad
Acknowledgment of Federal Funding from DHS
Federal Leadership on Reducing Text Messaging while
Driving
Federal Debt Status
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
Debarment and Suspension
Copyright
Civil Rights Act of 1968
Civil Rights Act of 1964 -Title VI
DHS Specific Acknowledgements and Assurances
Assurances, Administrative Requirements, Cost Principles,
and Audit Requirements
Page 29 of 36 Kittitas County, E18-131
Article XXXVII
Article XXXVIII
Article XXXIX
Article XL
Article XLI
Article XLII
Article I -Whistleblower Protection Act
National Environmental Policy Act
Nondiscrimination in Matters Pertaining to Faith-Based
Organizations
Acceptance of Post Award Changes
Prior Approval for Modification of Approved Budget
Disposition of Equipment Acquired Under the Federal Award
Buy American and Hire American
All recipients must comply with the statutory requirements for whistleblower protections (if applicable) at 10 US C.
Section 2409 USC Section 4712, 10 U.S.C. Section 2324 41 USC Sections 4304 and 4310.
Article II -Use of OHS Seal, Logo and Flags
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 nags or likenesses of COast Guard officials.
Article III -USA Pabiot Act of 2001
All recipients must comply with requirements of the Uniting aad,strengthenlng Amadea b:t proyldirn;J Aopropriate Tools
Required to lnten:?gpt and Obsttuot T err(1rl smAcl (USA PATRIOT ,A,Ct), which amends 18 U.S.C . sections 175-175c.
Article IV -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
regardirg the System for Award Management and Universal Identifrer Requirements located at 2 C F R. Part 25, Append ix A
the full text of which is incorpolClted here by reference in the terms and conditions.
Article V -Reporting of Matters Related to Recipient Integrity and Performance
If the total value of the recipient's currently active grants, cooperative agreements, and procurement contracts from all federal
assistance offices exceeds $10,000,000 for any period oftime during the period of performance of this fedelCll 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 .FR Part 200 , Apoendlx X II, the full text of which is incorporated
here by reference in the award terms and conditions.
Article VI -Rehabilitation Act of 1973
All reciplents must-comply with the ,~ulrerneritE of Section 604 of the RehabilitatIon Ac.tof 1973, 29 U,S.C . section 794,(!S
amended, 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 VII-Trafficking Victims Protection Act of 2000
All recipients must comply with the requirements of the govemment-wide award term which implements Section 106(g) of the
Trafficking Victims Protection Act of 2000, (TVPA) as amended by 22 U,S C, sectjt;ln 77104 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 VIII -Terrorist Financing
DHS-FEMA-EMPG-FY 17 Page 30 of 36 Kittitas County, E18-131
All recipients must oomply with E.O . 13224 and U.S , law that prohibit transactions with, and the provisions of resources and
support to, individuals and organizations assooiated with terrorism. Reoipients are legally responsible to ensure oompliance
with the Order and laws.
Article IX -SAFECOM
All recipients receiving federal finanoial assistance awards made under programs that provide emergency communication
equipment and its related activities must comply with the SAFE COM Guidance for Emergency Communication Grants,
inoluding provisions on teohnical standards that ensure and enhance interoperable oommunications.
Article X -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 Exeoutive Compensation located at 2 C F: R Part 170, Appendi)( A, the full text of which is incorporated here
by reference in the award terms and conditions.
Article XI -Procurement of Recovered Materials
All recipients must comply with Section 6002 of the Solid Waste Disposal Aot, as amended by the Resource Conservation and
Reooverv 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.
Article XII -Patents and Intellectual Property Rights
Unless otherwise provided by law, reoipients are subject to the Bayh-Dole Act Pub L No. 96-517 as amended, and codified
in 35 LJ S .c. sect ron 200 et seq. AIr recipients are subject to the specific requirements goveming the development, reporting,
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 401.14.
Article XIII -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 oomply with any such
requirements set forth in the program NOFO.
Article XIV -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.
Article XV -Lobbying Prohibitions
All recipients must comply with 31 USC. 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 XVI -Limited English Proficiency (Cml Rights Act of 1964, Title VI)
All recipients must comply with the Title VI of the Civil Rights Act of 1964 (Title VI) prohibition against discrimination on
the basis of national origin, which requires that recipients of l'ederal 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 httcs:h\yww,dhs QOvl
gu idaoce.pubI15hed-help-department~supported-organ!ZaliQns-prov l de-meaniOgful.access-oeopJe.fimlted and adcfrtional
resources on btm.:ltt!"tlwJep.goy.
Article XVII -Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Rre Safety Act of 1990, 15 USC section 2225a, all recipients must
ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies
DHS-FEMA-EMPG-FY 17 Page 31 of36 Kittitas County, E18-131
with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974 as amended. 15
USC section 2225 . ' . -
Article XVIII-Fly America Act of 1974
All recipients must comply with Preference for U.S . Flag Air Carriers (air carriers holding certificates under 49 USC section
41 _102) for international air transportation of people and property to the extent that such service is available , in accordance
with the Intemational Air Transportation Fair Competitive Practices Act of 1974 (49 U .S .C mien 40118) and the
interpretative guidelines issued by the COmptroller General of the United states in the March 31, 1981 amendment to
Comptroller General Decision 8-138942.
Article XIX -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: Privac.y Gl!Jldance and Privacy template as useful
resources respectively .
Article XX -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 12101 ·122131.
Article XXI. Age Discrimination Act of 1975
All recipients must comply with the requirements of the Age DiSCrimination Act of 1975 (ONe 42 V ,S, Code section 6101 et
6.EtQ.), which prohibits discrimination on the basis of age in any program or activity receiving federal financial assistance.
Article XXII -Activities Conducted Abroad
All recipients must ensure that project activities carried on outside the United States are coordinated as necessary with
appropriate government authorities and that appropriate licenses, permits, or approvals are obtained.
Article XXIII -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 descnbng projects or programs funded in whole or in part with federal funds.
Article XXIV -Federal Leadership on Redudng Text Messaging while Driving
All recipients are encouraged to adopt and enforce policies that ban text messaging while driving as described in ~
13513, including conducting initiatives described in Section 3(a) of the Order when on official govemment business or when
performing any wor1< for or on behalf of the federal government.
Article XXV • Federal Debt Status
All recipients are required to be non-definquent in their repayment of any federal debt Examples of relevant debt include
delinquent p ayro ll and other taxes, eJ ucit disa llowances, and bene fit overpayiTents,. (S ee OMB Cirwlar A-129.>
Article XXVI • False Claims Act and Program Fraud Civil Remedies
All recipients must comply with the requirements of 31 Usc. section 3729 -3733 which prohibits the submission of false or
fraudulent claims for payment to the federal govemmert. (See 31 U,S C, section 38Q1:3812 which details the administrative
remedies for false claims and statements made_)
Article XXVII· Energy Policy and Conservation Act
All 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
Article XXVIII· Education Amendments of 1972 (Equal Opportunity in Education Act) • Title IX
DHS-FEMA-EMPG-FY 17 Page 32 of36 Kittitas County, E18-131
AU recipients must comply with the requirements of Title IX of the Education Amendments of 1972 (20 U .S .C . sectlon 1681
~, which provide that no person in the United States will, on the basis of sex, be excluded from participation in, be
denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial
assistance. DHS implementing regulations are codified at 6 C.F.R. Part 17 and 44 C .F .R. Part 19
Article XXIX -Duplication of Benef"rts
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.
Article XXX -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 a drug-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,
which adopts the Govemment-wide implementation (2 CFR part 182) of sec. 5152-5158 of the Drug-Free Workplace Act of
1988 (Pub. L 100-690, Title V, Subtitle D; 41 U.S.C. 8101-8107).
Article XXXI -Debarment and Suspension
All reCipients are subject to the non-procurement debarment and suspension regulations implementing Executive Orders
(EO.) 12549 and ~ 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 XXXII -Copyright
All recipients must affix the applicable copyright notices of '7 U.S.C sections 401 or 402 and an acknowledgement of U.S.
Govemment sponsorship (including the award number) to any wor!< first produced under federal financial assistance awards.
Article XXXIII -Civil Rights Act of 1968
All recipients must comply with Title VIII of Ihe C iv il 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 (42J-LS .. .cJ~e.c~iPD_MiO_1_eJ ~,l:I .), 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
apartment units (all units in buildings with elevato~ and ground-floor units in buildings without elevato~)-be designed and
constructed with certain accessible features. (See 24 C ,F .R. sect on 100 201 .)
Article XXXIV -Civil Rights Act of 1964 -Title VI
All recipients must comply with the requirements ofTitle VI afthe Civil Rights Act of 1964 (42 U S ,C sectiQb 2QOOd et seq,)'
which provides that no person in the United States will, on the grounds of race, color, or national ongin. be excluded from
partiCipation in, be denied the benefits of, or be SUbjected to discrimination under any program or activi1y receiving federal
financial assistance. DHS implementing regulations for the Act are found at 6 C.F.R. Part 21 and 44 C FR. Part 7 ,
Article ~ -DHS Specific Acknowledgements and Assurances
All recipients, subrecipients, successors, transferees, and assignees must acknowledge and agree to comply with applicable
provisions goveming DHS access to records, accounts, documents, information, facilities, and staff.
1. Recipients must cooperate with any compfiance reviews or compliance investigations conducted t7y 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
individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program
guidance.
DHS-FEMA-EMPG-FY 17 Page 33 of36 Kittitas County, E 18-131
3 . Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate
backup documentation to support the reports
4 . Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law
or detailed in program guidance.
5 . If, dunng the past three years; recipients have be~n 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 all
s uch procee<i1ngs, pending or con'1p letea, Including outcome and copies of settlement agreements to the DHS FAO and the
08~ Qfficeof Cw..ii 8igbts and _Ciyjl Liberties (CRCl) bye-mail at crcl@bq.c::lhs . .Qov or bt mail at U .S . Department of Homeland
Security Office for Civil Rights and Civil Uberties Building 410, Mail Stop #0190 Washington, D.C . 20528.
6 . In the event courts or administrative agencies make a finding of discriminatio n on g rounds of race, color, national origin
(including LEP), sex, age, disability, religion, or famil ial status against the recipien~ or recipients settle a case or matter
alleging 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 seek judicial enforcement of these obligations.
Article XXXVI -Assurances, Administrative Requirements, Cost Principles, and Audit Requirements
DHS financial assistance recipients must complete either the OMS Standard Form 4248 Assurances -Non-Constcuctfoo
Programs. o r OMS Standard Form 4240 Assurances -Construction Programs as applicable. Certain assurances in these
documents may not be applicable to your program, and the DHS financial assistance office may require applicants to certify
additional assurances. Applicants are required to fill out the assurances applicable to their program as instructed by the
awarding agency. Please contact the financial assistance office if you have any questions
DHS financial assistance reCipients are required to follow the applicable provisions of the Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards located at 2 CFR. Part 200, and adopted by
DHS at 2 C F R Part 3002.
Article XXXVII -National Environmental Policy Act
All recipients must comply with the requirements of the Natlona' 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 XXXVlII-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 'aoj 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 XXXJX -Acceptance of Post Award Changes
In the event FEMA determines that changes are necessary to the award document after an award has been made, including
changes to period of performance or terms and conditions, recipients will be notified of the changes in writing. Once
notification has been made, any subsequent request: for funds will indicate recipient acceptance r:I the changes to the award.
Please call the FEMAIGMO Call Center at (866) 927-5646 or via e-mail to ASK-GMD@dhS.gov if you have any questions.
Article XL -Prior Approval for Modification of Approved Budget
Before making any change to the DHSlFEMA approved budget for this award, you must request prior written approval from
DHSIFEMA 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 witt'out prior written approval from
OHS/FEMA where the cumulative amount of such transfers exceeds or is expected to exceed ten percent (10%) of the total
budget DHSIFEMA last approved. You must report any deviations from your DHSlFEMA approved budget in the fi~t Federal
Financial Report (SF-425) you submit following any budget deviation, regardless of whether the budget deviation requires
prior written approval.
OHS-FEMA-EMPG-FY 17 Page 34 of 36 Kittitas County, E18-131
Article XLI -Disposition of Equipment Acquired Under the Federal Award
When 'o rig inal or replacement equipment acqui red under this award by tI1e recipient or its sub-reoipfemts Is no tonger neede d
for lhe-original prajsc or program or fo r other a ctivities ourrently or previo us ly s upported by DHSlFEM A, you must re quest
instructions from DHSfFEMA to make proper disposition of the equipment pursuant to 2 C .F .R. Section 200 .313 ,
Article XLII-Buy American and Hire American
All recipients are required to comply with any applicable provisions of the Buy American Act (41 U.S,c. Sections 8301
through 8305), and any other applicable statutes, regulations, or rules that require , or provide a preference for, the purchase
or acquisition of goods, products, or materials produced in the United States.
BUDGET COST CATEGORIES
Personnel 52,299,139.00
Fringe Benefits $851,982.00
Travel $115 ,283.00
Equipment $0.00
Supplies $238,705.00
Contractual 510,757,302.00
Construction $0.00
Indirect Charges $350,837.00
Other so.oo
DHS-FEMA-EMPG-FY 17 Page 35 of 36 Kittitas County, E 18-131
O bllPdnc DKUIIlent ror AwarcllAmeadmeat
la. AGREEMENT NO. 2. AMENDMENT NO.
EMS-2017-EP~0004-SOl ***
3 . 4. TYPE OF ACTION
RECIPIENT A WARD
NO.
9160010950
5. CONTROL NO.
FY2017R10EMPG
6. RECIPIENT NAME AND
ADDRESS
7. ISSUING FEMA OFFlCEAND
ADDRESS
S . PAYMENT OFFICE AND ADDRESS
Financial Services Branch
Washington Military
Depariment
Bui1!ing20
Camp Murray, WA, 98430 .
5122
Grant Op c:raIions
245 Murray Lane -Building 410, SW
Washington DC, 20528-7000
POC: 866-927-5646
500 C Street, S.W., Room 7'..3
Washington DC, 20472
9. NAME OF RECIPIENT PHONE NO. 10. NAME OF FEMA PROJECT COORDINATOR
PROJECT OFFlCER Ceutral Scheduling and Information Desk
TlCZm Kincheloe Phone: 800-368~498
Email: Askcsid@dhs.gov
11. EFFECTIVE DATE OF
TBISACTION
11.
METHOD
OF
PAYMENT
PARS
13. ASSISTANCE ARRANGEMENT
Cost Rcimbursement
14. PERFORMANCE PERIOD
1010112016 From: To:
1010112016 0913012018
B1ldcet Period
1010112016 0913012018
15. DESCRIPTION OF ACTION
a. (Indicate: funding data for awards or financial changes)
PROGRAM CFDA NO. ACCOUNTING DATA
NAME ~CCSCOD~
ACRONYM XXXX-XXX-XXXXXX-
Eme~cncy 97.042
Management
Pcriormance:
Grants
TOTALS
XXXXX-XXXX-XXXX-X
2017-FA-Dlll-Rl07-
~U01-D
PRIOR
TOTAL
AWARD
AMOUNT Cl.JRRENT
AWARDED TOTAL
THIS AWARD
ACTION
+ OR (-)
$0.00 S7 ,306,624.00 S7,306,624.oo
$0.00 57,306,024.00 $7,306,614.00
b. To describe: changes other than funding data or financial changes, attach schedule and check here.
N/A
CUMULATNENON-
FEDERAL CO:MMITMENT
Sec Totals
51,306,624..00
16 L FOR NON -DISASTER PROGRAMS: RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE (3) COPIES OF nus
DOCUMENT TO FEMA (Sec Block 7 for address)
Emergency Management Performance Grants recipients are not required to sign and return Qopies of this document. However, recipients
should print and keep a copy oftbis document for their records.
16&. FOR DISASTER PROGRA1vIS: RECIPIENT IS NOT REQUIRED TO SIGN
This assistance is subjectto terms and conditions attached to this award notiQe or by incorporated reference in program legislation cited
above.
17. RECIPIENT SIGNA TORY OFFlCIAL (Name: and TItle:)
Sic:rna WardclJ.Prcparcdncss Grmls Sc.ction PtogramMal:ug¢r
18. FEMA SIGNATORY OFFICIAL (Name and TItle)
-
KIMBERLY ERIN PENFOLD, Assistance Officer
DHS-FEMA-EMPG-FY 17 Page 36 of 36
DATE
Fri Aug 25 19:59: 14 GMT
2017
DATE
MonAug2119:57:05 GMT
2017
Kittitas County, E18-131
S IG NAT URE AUT H O RIZATION FORM
WASHINGTON STATE MILITARY DEPARTMENT
Camp Murray, Washington 98430-5122
Please read instructions on reverse side before completing this form.
NAME OF ORGANIZATION DATE SUBMITTED
Kittitas County Sheriff's Office 1/08/2018
PROJECT DESCRIPTION CONTRACT NUMBER
17EMPG Grant
E18-131
1. AUTHORIZING AUTHORITY
SIGNATURE PRINT OR TYPE NAME TITLEITERM OF OFFICE
0-~ Gene Dana Sheriff 1 I ~-'.$ j 'k/~
2. AUTHORIZED TO SIGN CONTRACTS/CONTRACT AMENDMENTS
3.
SIGNATURE PRINT OR TYPE NAME
G~b __ Gene Dana
AUTHORIZED TO SIGN REQUESTS FOR REIMBURSEMENT
SIGNATURE PRINT OR TYPE NAME
Darren Higashiyama
~
Heather ~b ert
\\NAC-1\vOL 1\HOME\KARENB\ .... \WP\SIGNAUTH Revised 3/03
TITLE
Sheriff
TITLE
Commander
Chief Finance Officer