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HomeMy WebLinkAboutGrant Agreement E18-180Washington State Military Department RECEIVED HOMELAND SECURITY GRANT PROGRAM AGREEMENT FACE SHEET ADR I 7 ?fl1~ 1. Subrecipient Name and Address: 2.Grant Agreement Amount 3. Grant Agreement Number: Kittitas County Sheriffs Office $50,416 E1 B3~ NTRACTS 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) 9~206 09/01/2017 08/31/2019 darren.higashiyama@co.kittitas.wa.us 7. Department Contact, phone/email: 8. Data Universal Numbering System (DUNS): 9. UBI # (state revenue): Michael Alston, (253) 512-7083 010202547 192-002-673 michael.alston@mil.wa.gov 10. Funding Authority: Washington State Military Department (the "Deoartmenf'} and the U.S. Department of Homeland Security (DHS} 11. Federal Funding Identification #: 12. Federal Award Date: 13. Catalog of Federal Domestic Assistance (CFDA) # & Title: EMW-2017-SS-00101-501 08/31/2017 97.067-HSGP (17SHSP 14. Total Federal Award Amount: 15. Program Index# & OBJ/SUB-OBJ: 16. TIN: $13,204,851 773SZ, 7735H, 77358, 773SL, 773SC, 773SQ / NZ NIA 17. Service Districts: 18. Service Area by County(ies): 19. Women/Minority-Owned, State BY LEGISLATIVE DISTRICTS: 13 Kittitas Certified? X NIA • NO BY CONGRESSIONAL DISTRICTS: 8 • YES, OMWBE # 20. Agreement Classification 21. Contract Type (check all that apply): • Personal Services • Client Services X Publidlocal Gov't • Contract X Grant X Agreement • Research/Development • A/E • Other • Intergovernmental (RCW 39.34) • lnteragencv 22. Subrecipient Selection Process: 23. Subrecipient Type (check all that apply) X "To all who apply & qualify" • Competitive Bidding • Private Organization/1 ndividual • For-Profit • Sole Source • A/ERCW • NIA X Public Organization/Jurisdiction X Non-Profit • Filed w/OFM? • Advertised? DYES ONO •CONTRACTOR X SUBRECIPIENT •OTHER 24. PURPOSE & DESCRIPTION: The purpose of the Federal Fiscal Year (FFY) 2017 Homeland Security Grant Program (17HSGP) is to support state and local efforts to prevent terrorism and other catastrophic events and to prepare the Nation for threats and hazards that pose the greatest risk to the security of the United States. 17HSGP provides funding to implement investments that build, sustain, and deliver the core capabilities essential to achieving the National Preparedness Goal (the Goal) of a secure and resilient Nation. 17HSGP supports core capabilities across the five mission areas of Prevention, Protection, Mitigation, Response, and Recovery based on allowable costs. HSGP is comprised of three interconnected grant programs: State Homeland Security Program (SHSP), Urban Areas Security Initiative (UASI), and Operation Stonegarden (OPSG). Together, these grant programs fund a range of preparedness activities, including planning, organization, equipment purchase, training, exercises, and management and administration. The Department is the Recipient and Pass-through Entity of the 17HSGP Award EMW-2017-SS-00101-501, which is incorporated in and attached hereto as Attachment 1, and is making a subaward of funds to the Subrecipient pursuant to this Agreement. The Subrecipient is accountable to the Department for use of Federal award funds provided under this Agreement. The Subrecipienfs Scope, Schedule, and Budget for the subaward are detailed in Attachment 2. 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); Attachments 1 and 2; and all other documents, exhibits and attachments expressly referenced and incorporated herein contain all the terms and conditions agreed upon by the parties and govern the rights and obligations of the parties to this Agreement. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the 0arties 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. Scope, Schedule, and Budget 6. Other provisions of the Agreement incorporated by reference. W ~, the parnes he<eto ha,e execu<ed <h• Ag,eement on the day and yea, <ast specified below. FO DEPARJ ~tENT: l /. ' FOR TI-IE Sl::ISRECLl --t/ 11-h~lt' °' I ... ( --• A J j _,_,,,_£ '-j I f / !<t' ( C .-\. ~ - Signatufd ./ ,-' Date Signature -.--: Date Regan Anne Hesse, Chief Financial Officer Gene Dana, Sheriff Washington State Military Department Kittitas County Sheriffs Office BOILERPLATE APPROVED TO FORM: APPR~r~FORM (if applicable): Signature on File (10/26/2017) Brian E. Buchholz, Assistant Attorney General Applicant's Legal tie,,; Date \ Form 08/09/2015 mli DHS-FEMA-HSGP-SHSP-FFY17 Page 1 of 35 Kittitas County, E18-180 Exhibit A SPECIAL TERMS AND CONDITIONS ARTICLE I --KEY PERSONNEL The individuals listed below shall be considered key personnel for point of contact under this Agreement. Any substitution of key personnel by either party shall be made by written notification to the current key personnel. SUBRECIPIENT MILITARY DEPARTMENT Name Darren Hi_gashiyama Name Michael Alston Title Commander Title Program 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 Heather Seibert Name Sierra Wardell Title Chief Financial Manager Title Section Supervisor E-Mail heather.seibert.sh@co.kittitas.wa.us E-Mail sierra.wardell@mil.wa.gov Phone 509-962-7099 Phone 253-512-7121 Name Name Dalton Gamboa Title Title ProQram Assistant E-Mail E-Mail dalton.gamboa@mil.wa.gov Phone Phone 253-512-7044 ARTICLE II --ADMINISTRATIVE AND/OR FINANCIAL REQUIREMENTS The Subrecipient shall comply with all applicable state and federal laws , rules, regulations , requirements and program guidance identified or referenced in this Agreement and the informational documents published by DHS/FEMA applicable to the 17HSGP Program, including, but not limited to, all criteria, restrictions, and requirements of the "Department of Homeland Security Notice of Funding Opportunity Fiscal Year 2017 Homeland Security Grant Program" document, the OHS Award Letter for Grant Number EMW-2017-SS-00101- S01, and the federal regulations commonly applicable to DHS/FEMA grants, all of which are incorporated herein by reference. The OHS Award Letter is incorporated in this Agreement as Attachment 1. The Subrecipient acknowledges that since this Agreement involves federal award funding, the period of performance described herein may begin prior to the availability of appropriated federal funds. The Subrecipient agrees that it will not hold the Department, the State of Washington, or the United States liable for any damages, claim for reimbursement , or any type of payment whatsoever for services performed under this Agreement prior to distribution of appropriated federal funds , or if federal funds are not appropriated or in a particular amount. A. STATE AND FEDERAL REQUIREMENTS FOR DHS/FEMA PREPAREDNESS GRANTS: The following requirements apply to all DHS/FEMA Preparedness Grants administered by the Department. 1. SUBAWARDS & CONTRACTS BY SUBRECIPIENTS a. The Subrecipient must make a case-by-case determination whether each agreement it makes for the disbursement of 17HSGP funds received under this Agreement casts the party receiving the funds in the role of a subrecipient or contractor in accordance with 2 CFR 200.330. b. If the Subrecipient becomes a pass-through entity by making a subaward to a non-federal entity as its subrecipient: i. The Subrecipient must comply with all federal laws and regulations applicable to pass- through entities of 17HSGP funds, including, but not limited to, those contained in 2 CFR 200. ii. The Subrecipient shall require its subrecipient to comply with all appl icable 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 17HSGP Program, including, but not limited to, all criteria, restrictions, and requirements of the "Department of Homeland Security Notice of Funding Opportunity Fiscal Year 2017 Homeland Security Grant Program" document, the OHS Award Letter for Grant No. EMW- 2017-SS-00101-S01 in Attachment 1, and the federal regulations commonly applicable to DHS/FEMA grants DHS-FEMA-HSGP-SHSP-FFY17 Page 2 of 35 Kittitas County, E18-180 iii. The S ubrec ipient shall be res ponsible to t he Department for ensuring th at all 17HSGP fede ral award funds provided to its su brecipient are used in acco rdance with applicable fede ra l and state statutes and re:gulatio ns , and the tenns and conditions of the federal award set forth in Attachment 1 of this Agreement. 2. BUDGET, REIMBURSEMENT, AND TIMELINE a. W ithin the total Grant Agree ment Am ount, travel, sub-contra cts , sala ries , benefits , printing, equipment, and othe r goods and se rvices o r othe r budget categories will be reimburse d 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 (Attachment 2), 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 minim is 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 minim is rate, but did not charge indirect costs to previous subawards, a request for approval to charge indirect costs must be submitted to the Department's Key Personnel for approval with an explanation for the change. d. For travel costs, the Subrecipient shall comply with 2 CFR 200.474 and should consult their 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 ht tp :/fwww.gsa .oo :v , and follow the most restrictive. If travel costs exceed set state or federal limits, travel costs shall not be reimbursed without prior written approval by Department Key Personnel. e. Receipts and/or backup documentation for any approved items that are authorized under this Agreement must be maintained by the Subrecipient consistent with record retention requirements of this Agreement, and be made available upon request by the Department, and federal, state, or local auditors. f. The Subrecipient will submit reimbursement requests to the Department by submitting a properly completed State A-19 Invoice Fann and Reimbursement Spreadsheet (in the fonnat provided by the Department) detailing the expenditures for which reimbursement is sought. Reimbursement requests must be submitted to Rei mb ursements@mil.wa .gov no later than the due dates listed within the Timeline (Attachment 2), but not more frequently than monthly. Reimbursement request totals should be commensurate to the time spent processing by the Subrecipient and the Department. If the reimbursement request isn't substantial enough, the Subrecipient should request prior written approval from Department Key Personnel to waive the due date in the Timeline (Attachment 2) and instead submit those costs on the next scheduled reimbursement due date contained in the Timeline. g. Any request for extension of a due date in the Timeline (Attachment 2) will be treated as a request for Amendment of the Agreement and must be submitted to the Department's Key Personnel sufficiently in advance of the due date to provide adequate time for Department review and consideration , and can be granted or denied within the Department's sole discretion. h. All work under this Agreement must end on or before the Grant Agreement End Date, and the final reimbursement request must be submitted to the Department within 45 days after the Grant Agreement End Date, except as otherwise authorized by written amendment of this Agreement and issued by the Department. DHS-FEMA-HSGP-SHSP-FFY17 Page 3 of 35 Kittitas County, E18-180 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 as required by this Agreement (including, but not limited to, those reports in the Timeline) will prohibit the Subrecipient from being reimbursed until such complete reports are submitted and the Department has had reasonable time to conduct its review. Final reimbursement requests will not be approved for payment until the Subrecipient is current with all reporting requirements contained in this Agreement. k. A written amendment will be required if the Subrecipient expects cumulative transfers among project budgets, as identified in the Scope and Budget (Attachment 2), to exceed 10% of the Grant Agreement Amount. Any adjustments to project totals other than in compliance with this paragraph will not be reimbursed. I. Subrecipients shall only use federal award funds under this Agreement to supplement existing funds, and will not use them to replace (supplant) non-federal funds that have been budgeted for the same purpose. The Subrecipient may be required to demonstrate and document that the reduction in non-federal resources occurred for reasons other than the receipt or expected receipt of federal funds. 3. REPORTING a. The Subrecipient shall submit with each reimbursement request a report indicating the status of activities (Attachment 2) for which reimbursement is sought in the format provided by the Department. b. The Subrecipient shall comply with the Federal Funding Accountability and Transparency Act (FFATA) and related 0MB 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 FFAT A Form located at Mttp:/lm1 1.wa .g ov/eme rg ency-man age me nt • di yislon/g ran ts/re q uiredgrantfor ms ; which is incorporated by reference and made a part of this Agreement. c. SHSP & UASI Subrecipients shall participate in the State's annual capabilities assessment for the State Preparedness Report. 4. EQUIPMENT AND SUPPLY MANAGEMENT a. The Subrecipient and any non-federal entity to which the Subrecipient makes a subaward shall comply with 2 CFR 200.318 -200.326 when procuring any equipment or supplies under this Agreement, 2 CFR 200.313 for management of equipment, and 2 CFR 200.314 for management of supplies, to include, but not limited to: i. Upon successful completion of the terms of this Agreement, all equipment and supplies purchased thmugh this Agreement will be owned by the Subrecipient, or a recognized nen- federal entity to which the Subrecipient has made a subawarcl, for which a contract. subrecipient grant agreement, or other means of legal transfer of ownership is in place. ii. All equipment, and supplies as applicable, purchased under this Agreement will be recorded and maintained in the Subrecipient's inventory system. iii. Inventory system records shall include: A. description of the property B. manufacturer's serial number, model number, or other identification number; C. the source of funding for the equipment, including the Federal Award Identification 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 th e equipment at the date the information was reported, and I. disposition data including the date of disposal and sale price of the property. DHS-FEMA-HSGP-SHSP-FFY17 Page 4 of 35 Kittitas County, E18-180 iv. The Subrecipient shall take a physical inventory of the equipment and reconcile the results with the property records at least once every two years. Any differences between quantities 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. 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. C. For Equipment: 1) Items with a current per-unit fair-market value of $5,000 or less may be retained, sold, or otherwise disposed of with no further obligation to the federal awarding agency. 2) Items with a current per-unit fair-market value in excess of $5,000 may be retained 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 and supply categories for 17HSGP are listed on the Authorized Equipment List (AEL) located on the FEMA website at httpJ/www.fema.gov/authorized-eguipment-list. The AEL consists of 21 categories which are divided into sub-categories. It is important the Subrecipient and any non-federal entity to which the Subrecipient makes a subaward regard the AEL as an authorized purchasing list identifying items allowed under the specific grant program , and includes items that may not be categorized as equipment according to the federal, state, local, and tribal definitions of equipment. The Subrecipient is solely responsible for ensuring DHS-FEMA-HSGP-SHSP-FFY17 Page 5 of 35 Kittitas County, E18-180 purchased items under this Agreement are authorized as allowed items by the AEL at time of purchase. If the item is not identified on the AEL as allowable under HSGP, the Subrecipient must contact the Department Key Personnel for assistance in seeking FEMA approval prior to acquisition. d. Unless expressly provided otherwise, all equipment must meet all mandatory regulatory and/or DHS/FEMA adopted standards to be eligible for purchase using federal award funds. e. For OPSG Subrecipients, equipment purchased with DHS federal award funds is to be marked with "Purchased with funds provided by the U.S. Department of Homeland Security" when practicable. f. Prior to procuring pharmaceuticals, Subrecipients must have in place an inventory management plan to avoid large periodic variations in supplies due to coinciding purchase and expiration dates. Subrecipients are encouraged to enter into rotational procurement agreements with vendors and distributors. Purchases of phannaceuticals must include a budget for the disposal of expired drugs within each fiscal year's period of perfonnance for 17HSGP. The cost of disposal cannot be carried over to another DHS/FEMA grant or grant period. The Subrecipient must pass on equipment and supply management requirements that meet or exceed the requirements outlined above to any non-federal entity to which the Subrecipient makes a subaward of federal award funds under this Agreement. 5. ENVIRONMENTAL AND HISTORICAL PRESERVATION The Subrecipient shall ensure full compliance with the DHS/FEMA Environmental Planning and Historic Preservation (EHP) Program. EHP program infonnation can be found at https://www.fema .gov/office-environmental-planning -and-historic-preservation, all of which are incorporated in and made a part of this Agreement. a. The Subrecipient proposing projects that have the potential to impact the environment, including, but not limited to, construction of communication towers; modification or renovation of existing buildings, structures and facilities; or new construction, including replacement of facilities, must participate in the DHS/FEMA EHP review process prior to project initiation. Modification of existing buildings, including minimally invasive improvements such as attaching monitors to interior walls, and training or exercises occurring outside in areas not considered previously disturbed also require a DHS/FEMA EHP review before project initiation. b. The EHP review process involves the submission of a detailed project description that includes the entire scope of work, including any alternatives that may be under consideration, along with supporting documentation so FEMA may detennine whether the proposed project has the potential to impact environmental resources and/or historic properties. c. The Subrecipient agrees that to receive any federal preparedness funding, all EHP compliance requirements outlined in applicable guidance must be met. The EHP review process must be completed and approval received before any work, for which reimbursement will be later requested, is started. Expenditures for projects started before the EHP review approval is received will not be reimbursed . 6. PROCUREMENT a. The Subrecipient shall comply with all procurement requirements of 2 CFR Part 200 .318 through 200.326 and as specified in the General Terms and Conditions, Exhibit B, A.11. b. For all sole source contracts expected to exceed $150,000, the Subrecipient must submit to the Department for pre-procurement review and approval the procurement documents, such as requests for proposals, invitations for bids and independent cost estimates. This requirement must be passed on to any non-federal entity to which the Subrecipient makes a subaward, at which point the Subrecipient will be responsible for reviewing and approving sole source justifications of 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- DHS-FEMA-HSGP-SHSP-FFY17 Page 6 of 35 Kittitas County, E18-180 through f unds are in compliance Wi th this Agreement, federal and state audit requirements, fed era l grant guida nce, and app licable federal and state financial regulations, as well as 2 CFR Part 200 Subpart F. b. To do cument com pliance w ith 2 CFR Part 200 Subpart F requireme nts, the Subrecipient shall co m plete and re t urn to the Department the 2 CFR Part 20 0 Subpart F Audit Certification Form" located at http ://mil.wa.gov/emergency-management-division/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 Attachment 2 , and federal requirements v. observation and documentation of Agreement-related activities, such as exercises, training, funded events, and equipment demonstrations vi. on-site visits to review equipment records and inventories, to verify source documentation for reimbursement requests and performance reports, and to verify completion of deliverables. d. The Subrecipient is required to meet or exceed the monitoring activities, as outlined above and in 2 CFR Part 200, for any non-federal entity to which the Subrecipient makes a subaward as a pass-through entity under this Agreement. e. Compliance will be monitored throughout the performance period to assess risk. Concerns will be addressed through a Corrective Action Plan . 8. LIMITED ENGLISH PROFICIENCY (CIVIL RIGHTS ACT OF 1964 TITLE VI) The Subrecipient must comply with the Title VI of the Civil Rights Act of 1964 (Title VI) prohibition against discrimination on the basis of national origin, which requires that subrecipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services. Providing meaningful access for persons with LEP may entail providing language assistance services , including oral interpretation and written translation. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency {August 11, 2000), requires federal agencies to issue guidance to recipients, assisting such organizations and entities in understanding their language access obligations. OHS published the required recipient guidance in April 2011, OHS 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 OHS Recipient Guidance at https://www.dhs.dov/guidance-publlshed- help-department-supported ••Organizations-provide-meaningful-access-people-llmlted 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 OHS-FEMA-HSGP-SHSP-FFY17 Page 7 of 35 Kittitas County, E18-180 Policy Directive 8, to guide activities within the public and private sector and describes 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 FFY 2017 federal. preparedness funding, to Include HSGP, the Subrecipiant Will ensure all NIMS objectives have been ir,itiated and/or are In progress toward completion. NIMS Implementation Objectives are located at https://wv.w.fema .gov/media- llbrary/assets/documetns/1307 43. B. HSGP SPECIFIC REQUIREMENTS 1. 17HSGP stipulates the following for overall grant funding; specific caps or thresholds for this Agreement may differ: a. Up to 50/o pe~nt of the HSGP award received by the Department may be used for management and administrative (M&A) purposes directly related to administration of the HSGP grant. The maximum percentage of the Grant Agreement Amount that may be used by the Subrecipient for M&A costs under this Agreement is identified in the Budget (Attachment 2), and may be less than, but will not exceed, the maximum 5%. b. At least 25% of the combined HSGP award allocated under SHSP and UASI are to be dedicated towards law enforcement terrorism prevention activities (LETPA). The LETPA percentage of the Grant Agreement Amount that must be met as a minimum requirement of this Agreement by the Subrecipient is identified in the Budget (Attachment 2) and may differ from the combined 25% requirement. If the Subrecipient anticipates spending less than the indicated amount on LETPA activities as indicated in the Budget (Attachment 2), a budget amendment is required. c. The combined total of personnel expenses may not exceed 50% percent of the HSGP award received by the Department unless a Personnel Cap Waiver has been received from OHS. The maximum percentage of the Grant Agreement Amount that may be used by the Subrecipient for personnel expenses under this Agreement is identified in the Budget (Attachment 2) and may differ from the 50% HSGP limit. If the Subrecipient anticipates spending an amount different than what's in the Budget (Attachment 2), a budget amendment is required. 2. SHSP-funded projects must address high-priority preparedness gaps across all core capabilities where a nexus to terrortsm exists. All supported investments are based on capability targets and gaps identified during the assessment process. 3. UASl-funded projects must build and sustain the capabilities necessary for high-threat, high-density Urban Areas to prevent, protect against, mitigate, respond to, and recover from acts of terrorism. 4. OPSG-funded projects must enhance cooperation and coordination among Customs and Border Protection, United States Border Patrol, and local, tribal, territorial, state, and federal law enforcement agencies in a joint mission to secure the United States' borders along routes of ingress from international borders to include travel corridors in states bordering Mexico and Canada, as well as states and territories with international water borders. 5. The Subrecipient shall use HSGP funds only to perform tasks as described in the Scope (Attachment 2), as approved by the Department, and in compliance with this Agreement. 6. Subrecipients are required to develop a multi-year Training and Exercise Plan (TEP) that identifies training and exercise priorities and activities. Inclusion in the State's TEP meets the intent of this requirement. Subrecipients that choose to develop their own TEP shall submit it to ~seep@fema ,dhs .gov and emd .training@mil.wa .gov no later than June 1st annually. a. Subrecipients are encouraged to participate in the State's annual Training and Exercise Planning Workshop (TEPW) or may conduct their own local/regional TEPW. 7. Subrecipients will develop and maintain a progressive exercise program consistent with the Homeland Security Exercise and Evaluation Program (HSEEP) and support the National Exercise Program (NEP). Upon completion of an exercise, an After Action Report and an Improvement Plan must be prepared and submitted to hseeo@fema .dhs.gov and emd .tra ining@mil.wa .'gov . Further information regarding the use of HSEEP can be found at https://hseep.preptoo lkitorg/. DHS-FEMA-HSGP-SHSP-FFY17 Page 8 of 35 Kittitas County, E18-180 8. Subrecipients will provide reports and/or assist with completion of reports required by the HSGP federal award, including, but not limited to, the State Preparedness Report (SPR), Threat and Hazard Identification and Risk Assessment (THIRA), core capabilities assessment, and data calls. C. OHS FFY17 HSGP TERMS AND CONDITIONS As a subrecipient of 17HSGP program funding, the Subrecipient shall comply with all applicable DHS terms and conditions of the 17HSGP Award Letter and its incorporated documents for DHS Grant No. EMW-2017-SS-00101-S01, which are incorporated in and made a part of this Agreement as Attachment 1. DHS-FEMA-HSGP-SHSP-FFY17 Page 9 of 35 Kittitas County, E18-180 A.1 DEFINITIONS Washington State Military Department GENERAL TERMS AND CONDITIONS Department of Homeland Security (OHS)/ 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. u 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. "Subreciplent" 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.2 ADVANCE 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://mil.wa .gov/emergency-ma nag e ment- division/grants/reguiredgrahtforms. Any such form completed by the Subrecipient for this Agreement shall be incorporated into this Agreement by reference. DHS-FEMA-HSGP-SHSP-FFY17 Page 10 of 35 Kittitas County, E18-180 Further, the Subrecipient agrees to comply with all applicable federal regulations concerning the federal debarment and suspension system, including 2 CFR Part 180. The Subrecipient certifies that it will 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 subreciplent or by checking the System for Award Management (http ://www .sam .gov ) maintained by the federal government. The Subrecipient also agrees not to enter into any arrangements or contracts with any party on the Washington State Department of Labor and Industries' "Debarred Contractor List' (https://secure.lni .wa .gov/debarandstrike/ConlractorDebarlist.asp~). The Subrecipient also agrees not to enter into any agreements or contracts for the purchase of goods and services with any party on the Department of Enterprise Services' Debarred Vendor List (http:l/www.des.wa .gov/services/Contract1ngPurchasing/BusinesslPagesNendor•Debarrnenlasox). A.7 CERTIFICATION REGARD ING 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 ori 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.fl in accordance with its instructions; (3) and that, as applicable, the Subrecipient will require that the language of this certification be included in the award documents for all subawards at all tiers (including sub-contracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into, and is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. A.8 CONFLICT OF INTEREST No officer or employee of the Department; no member, officer, or employee of the Subrecipient or its designees or agents; no member of the governing body of the jurisdiction in which the project is undertaken or located; and no other official of the Subrecipient who exercises any functions or responsibilities with respect to the project during his or her tenure, shall have any personal or pecuniary gain or interest, direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to be performed in connection with the project assisted under this Agreement. The Subrecipient shall incorporate, or cause to incorporate, in all such contracts or subawards, a provision prohibiting such interest pursuant to this provision. A.9 COMPUANCE 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, 0MB Circulars, and/or policies. This obligation includes, but is not limited to: nondiscrimination laws and/or policies, Energy Policy and Conservation Act (PL 94-163, as amended), the Americans with Disabilities Act (ADA), Age Discrimination Act of 1975, Title VI of the Civil Rights Act of 1964, Civil Rights Act of 1968, the Robert T. Stafford Disaster Relief and Emergency Assistance Act, (PL 93-288, as amended), Ethics in Public Service (RCW 42.52), Covenant Against Contingent Fees (48 CFR Section 52.203-5), Public Records Act (RCW 42.56), Prevailing Wages on Public Works (RCW 39.12), State Environmental Policy Act (RCW 43.21 C), Shoreline Management Act of 1971 (RCW 90.58), DHS-FEMA-HSGP-SHSP-FFY17 Page 11 of 35 Kittitas County, E18-180 State Building Code (RCW 19.27), Energy Related Building Standards (RCW 19.27 A), 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, 0MB 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, 0MB 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-HSGP-SHSP-FFY17 Page 12 of 35 Kittitas County, E 18-180 40 U.S.C. 370 2 'Of 1he Act, each contractor must be required to co mp ute the wages of eve ry mechanic and laborer on the basis of a sta ndard work week of 4'0 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 0MB 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-HSGP-SHSP-FFY17 Page 13 of 35 Kittitas County, E18-180 The Department retains the sole discretion to determine whether a valid claim for an exemption from the audit requirements of this provision has been established . The Subrecipient shall include the above audit requirements in any subawards. Conducting a single or program-specific audit in compliance with 2 CFR Part 200 Subpart F is a material requirement of this Agreement. In the absence of a valid claim of exemption from the audit requirements of 2 CFR Part 200 Subpart F, the Subrecipient's failure to comply with said audit requirements may result in one or more of the following actions in the Department's sole discretion: a percentage of federal awards being withheld until the audit is completed in accordance with 2 CFR Part 200 Subpart F; the withholding or disallowing of overhead costs; the suspension of federal awards until the audit is conducted and submitted; or termination of the federal award. A.29 SU B RECIPIE NT NOT E M PLO YEE 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 officeror employee of the Department by reason of this Agreement, nor will the Sub recipient 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 A N D LICEN SES 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 TERM INATION O R S USPE NS ION FOR C A USE 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 DHS-FEMA-HSGP-SHSP-FFY17 Page 18 of 35 Kittitas County, E18-180 13) Access by the Department, the Subrecipient, the federal awarding agency, the Comptroller General of the United States, or any of their duly authorized representatives to any books, 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-HSG P-SHSP-FFY17 Page 14 of 35 Kittitas County, E18-180 44 CFR 206.9 Non-liability. The Federal government shall not be liable for any claim based upon the exercise or performance of, or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of the Federal government in carrying out the provisions of the Stafford Act. A.14 LI MfTATION OF AUTHORITY-AUTHOR IZED SIGNATUR E The signatories to this· Agreement represent that they hqv~ the auth C>rity to bind their re spective organ izatio ns to this A greement. Only the Department's Autho rized Sig natu re representative and t he Autho rized Signature representative of the Subtecl pient or Alternate for the Sub recipient, formally designated in writing, shall have the express , implie·d , 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 FUN DING In the event funding from state , federal, or other sources is w ithdrawn , 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 re duce the scop e of work and budget or unilaterally· terminate all or part of the Agreement as a "Termination for C ause'' without providing the Subrecip ient an opportunity to cure. Alternatively, the parties may renegotiate the terms of this Agree ment under "Amendments and Modifications" to comply with new funding limitations and cond itions, alth ough the Department has no obligation to do so . A.16 NONASSlGNABILITY Neither this Agreement , nor any claim arising under th is Agreement, shall be transferred or assigned by the Subrecipient. A.17 NONDISCRIMI NATION The Subrecipient shall comply with all applicable federal and state non-discrimination laws , regula tion s, and policies. No person shall, on th e grounds of agE ~, race, creed, color, sex, sexual orientation, re ligio n, natlona l origin, marital status , hon orably 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 Subre cipient shall comply with all public notices or notices to individuals required by applicable local, state and federal laws and regu lations and shall maintain a record of this compliance . A.19 OCCUPATIONAL SAFETY/HEALTH ACT and WASH IN GTON INDUSTRIAL SAFETY/ HEALTH ACT (QSHMVISHA} The Suorecipfent represents and wa rrants that its work p.lace does now or will meet all applicable federal and state safety a nd health regulatio ns that are in effect during the Subrecip ient's performance under this Agreement. To th·e extent allowed by law, the Subrecipient further agrees to indemnify and ho ld hannless the Department and its employees and agents fro m all liability , dama ges and costs of any na ture, including , but not limited to , costs of suits and attorneys' fees assessed aga inst the Department, as a result of the fail.ure. of the Subrecipient to so comply. A.20 OWNERSHIP OF PROJECT/CAPITAL FACILITIES The Deparanent makes no claim to any capital faciU ti es or re'al property improved or constructed with funds under .this Agreement, and by this subawa rd of f unds does not and will not a cquire any. ownershi p interest or title to such property of the Subrecipie nt. The Subreoipient shall a ssu me all llabilities and responsibilities a rising from the ownership and operation of the p roject and ag rees to ind~mn ify and hold the Department, tt;ie state of W ashingt9n and the United States govern ment harml es s from any and all cause.s of actio n arising from th e ownership and ope ration of the project. DHS-FEMA-HSGP-SHSP-FFY17 Page 15 of 35 Kittitas County , E18-180 A.21 POLITICAL ACTIVITY No portion of the funds provided herein shall be used for any partisan political activity or to further the election or defeat of any candidate for public office or influence the approval or defeat of any ballot issue. A.22 PROH iBITION AGAINST PAYMENT OF BONUS O R COMM ISSION 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 relat ing 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, OHS, 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 PROJECT/STATEMENT OF WORK/WORK 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-HSGP-SHSP-FFY17 Page 16 of 35 Kittitas County, E18-180 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 (Inc luding all AME ND MENTS) 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. Subre cl pie nts th at are requi red to have an audit m 1,1st ensure th e audit ls performed in acco rd an ce ,wit h Ge nera lly A ccepted Government A uditing Standards (GAGAS) a s fo und in the Govern me nt A udi ti ng Standards (the Revised Yellow Book) developed by th e Un ited States Comptroller G enera l and the 0MB Compliance Supp leme nt. The S ubrecip ient has the responsibili ty of notify'ing its auditor and req uesting an audit in compliance with 2 CFR Part 2 00 Subpart F; to inc lude the W ash in gton State Aud ito r's Office, a federal auditor, or a public accountant performing Work us ing GAGAS , as a ppro priate. Costs of tt:,e 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://www.mil.wa .gov/emerge ncy-manage ment-d iv lsion/q rants/reguiredqra ntforms) to the Department at the address listed above Ide ntify ing th is -Agree me nt and explaining the criteria for exemption no later than nine (9) months after the end of the Subrecipient's fiscal year(s). DHS-FEMA-HSGP-SHSP-FFY17 Page 17 of 35 Kittitas County, E18-180 corrective action is not taken within ten (10) calendar days or as otherwise specified by the Department, or if such corrective action is deemed by the Department to be insufficient, the Agreement may be terminated in whole or in part. The Department reserves the right to suspend all or part of the Agreement, withhold further payments, or prohibit the Subrecipient from incurring additional obligations of funds during investigation of the alleged compliance breach, pending corrective action by the Subrecipient, if allowed, or pending a decision by the Department to terminate the Agreement in whole or in part. 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-HSGP-SHSP-FFY17 Page 19 of 35 Kittitas County, E18-180 ----------- f. Complete performance of such part of the work as shall not have been terminated by the Department in compliance with all contractual requirements ; and g. Take such action as may be necessary, or as the Department may require, for the protection and preseNation 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 .UTI LIZATI O N OF MIN ORll7Y AND WO MEN B~USINESS E NTERP RIS ES (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 val idity 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-HSGP-SHSP-FFY17 Page 20 of 35 Kittitas County, E 18-180 Award Letier FFY17 HSGP Award Documents EMW-2017-SS-00101-501 ATTACHMENT 1 U.S . Department of Homeland Security Washington, D.C. 20472 Bret Daugherty Washington Military Department Building 20 Camp Murray, WA98430 -5122 Re: Grant No .EMW-2017-SS-00101 Dear Bret Daugherty: Congratulations, on behalf of the Department of Homeland Security, your application for financial assistance submitted under the Fiscal Year (FY) 2017 Homeland Security Grant Program has been approved in the amount of$13,204,851.00. You are not required to match this award with any amount of norrFederal funds . Before you request and receive any of the 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 Docu me nt (attach ed to t hi s Awa rd Letter) • FY 2017 Homela nd Sec urit y Grant Pr ogra m Notice of Funding Opportunity. Please make sure you read, understand, and maintain a copy of these documents in your official file for this award . In order to establish acceptance of the award and its terms, please follow these instructions: Step 1: Please log in to the ND Grants system at https:1/portal.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 linkwil 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 de dine the award. Please save or print the Award Package for )"OUr records . System for Award t,,ta nag emant (SAM): Gra n\ re ,cip ients are to keep all of thei r informallon up to date in SAM, In partcu lar , you r org an iza lion·s name, addre ss, DU.NS number, EIN and b:a nking information . Rease ensure tha t the DU NS nu mber use d in SAN! is t he sa me one use d to 11pply for all FEMb. awards. Future paym ents wi ll be cont ingent on the in f ormation prov ided in the SAM; therefore, it is imperative that the information is co rre·ct Th~·System fo r Award Ma nag ement ,is loc ated at hllp:/1 www .sa m.gov. If you have any questi on s or have updated your information in SAM, please let your Grants Ma na ge ment Specialist (GMS) know as soon as possi ble . This will help use to make the necessary updates and avoid any in te rr uption s in the payment process . DHS-FEMA-HSGP-SHSP-FFY17 Page 21 of 35 Kittitas County, E 18-180 A.,-rttntc.nt Articles Fr!Se p 0100:00 00_ GMT 2017 GRANTEE: PROGRAM: AGREEMENT NUMBER: Article I Article II Article Ill Article IV Article V Article VI Article VII Article VIII Article IX Article X Article XI Article XII Article XIII DHS-FEMA-HSGP-SHSP-FFY17 U.S. Department of Homeland Security Washington, D.C . 20472 AGREEMENT ARTICLES Homeland Security Grant Program Washington Military Department Homeland Security Grant Program EMW2017-SS-00101-SJ1 TABLE OF CONTENTS Page22 of 35 Summary Description of Award Assurances, Administrative Requirements, Cost Principles, and Audit Requirements OHS Specific Acknowledgements and Assurances Acknowledgment ofFederal Funding from OHS Acceptance of Post Award Changes Disposition of Equipment Acquired Under the Federal Award Prior App rova I for Modification of Approved Bud get Procurement of Recovered Mate ria Is Whistleblower Protection kt Use ofDHS Seal, Logo and Flags USA Patriot kt of2001 Universal Identifier and System of Award Management (S.AM) Reporting of Matters Related to Recipient lntegriy and Performance Kittitas County, E18-180 Article XIV Article XV Article XVI Article XVI I Article XVII I Article XIX Article XX Article XXI Article XXI I Article XXIII Article XXIV Article XXV Article XXVI Article XXVI I Article XXVIII Article XXIX Article XXX Article XXXI Article XXXII Article XXXI 11 Article XXXIV Article XXXV Article XXXVI DHS-FEMA-HSG P-SHSP-FFY17 Page 23 of 35 Rehabilitation Act of 1973 Trafficking Victims Protection Act of 2000 Terrorist Financing SAFECOM Reporting Subawards and Executive Compensation Debarment and Suspension Copyright Civil Rights Act of 1964 -Title VI Best Practices for Collection and Use of Personally Identifiable Information (PII) Americans with Disabilities Act of 1990 Age Discrimination Act of 1975 Activities Conducted Abroad Patents and Intellectual Property Rights Notice of Funding Opportunity Requirements Non-supplanting Requirement Nondiscrimination in Matters Pertaining to Faith-Based Organizations National Environmental Policy Act Lobbying Prohibitions Limited English Proficiency (Civil Rights Act of 1964, Title VI) Hotel and Motel Fire Safety Act of 1990 Fly America Act of 1974 Federal Leadership on Reducing Text Messaging while Driving Federal Debt Status Kittitas County, E18-180 Article XXXVII Article XXXVIII Article XXXIX Article XL Article XLI ArticleXLII Article XLIII Article XLIV ArticleXLV Article I -summary Description of Award False Claims Act and Program Fraud Civil Remedies Energy Policy and Conservation Act Education Amendments of 1972 (Equal Opportunity in Education Act) -Title IX Duplication of Benefits Drug-Free Workplace Regulations Civil Rights Act of 1968 Operation Stonegarden Program Hold Fusion Center Investment Hold -SHSP Fusion Center Investment Hold -UASI The purpose of the FY 2017 HSGP is to support state and local efforts to prevent terrorism and other catastrophic events and to prepare the Nation for the threats and hazards that J50se the greatest risk to the security of the United States. The HSGP provides funding to implement investments that build, sustain, and deliver the 32 core capabilities essential to achieving the National Preparedness Goal of a secure and resilient Nation. Among the five basic homeland security missions noted in the OHS Quadrennial Homeland Security Review, HSGP supports the goal to Strengthen National Preparedness and Resilience. The building, sustainment, and delivery of these core capabilities are not exclusive to any single level of governmen~ organization, or communlty, but rather, require the combined effort of the whole community. This HSGP award consists of state Homeland Security Program (SHSP) funding in the amount of $6,476,000, Urban Area Security lnltlative (UASI) funding in the amount of $5,180,000, and Operation Stonegarden (OPSG) funding in the amount of $1,548,851. The following counties shall receive Operation Stonegarden subawards for the following amounts: Clallan_1, $30P,OOO ; Colville Tribe, $65,000; Ferry, $100,00CY, Island, $140,000; Jefferson, S74,000; Okanogan, $136,680 ; Pend Oreille, $75,000; San Juan, $130,000; Skagit, $50,218; Stevens, $80,000; Swinomish Tribe, $52,953; Whatcom, $345,000. These grant programs fund a range of activities, including planning, organization, equipment purchase, training, exercises, and management and administration across all core capabilities and mission areas. Article II • Assurances, Administrative Requirements, Cost Principles, and Audit Requirements OHS financial assistance recipients must complete either the 0MB Standard Form 4248 Assura~.Non-Constn.1m!Qn P ro grams or 0MB Standa.rd Form 4240 Msurances -Construction program s as apollcab\e. Certain assurances 1n these documents may not be applicable to your program, and the OHS financial assistance office may require applfcants to. certify additional assurances. Applicants are required to fill out the a ssurances applle:able to their program ·a_s Instructed byttil;I awarding agency. Please contact the financial assistance office if you have any questions. OHS 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....C,F ..a....Bll12.-Q.Q. and adopted by OHS at 2 C .F R Pa rt 3002. Article Ill -OHS Specific Acknowledgements and Assurances All recipients, subrecipients, successors, transferees, and assignees must acknowledge and agree to comply with appllcable provisions governing OHS access to records, accounts, documents, information, facilities, and staff. 1. Recipients must cooperate with any compliance reviews or compliance investigations conducted by OHS. 2. Rectplents must give OHS aecess to, and the right to examine and copy, records, accounts, and other documents and sources of information related to the federal financial assistance award and permit access to facilities, personnel, and other DHS-FEMA-HSGP-SHSP-FFY17 Page24 of 35 Kittitas County, E18-180 ind fviduals and information as may be necessary, as required by OHS regulations and other applicable laws or program guidance. 3. Recipients must submit timely, complete, and accurate reports to the appropriate OHS officials and maintain appropriate backup dooumentatlon to support the reports. 4. Recipients ~t comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed ln program guidance. 5. If, during the past three .years, recipients have been accused of discrimi nation on the grounds of race , .color, national origin (inch,iding limited English proficiency (LEP)), sex, age , disability, religion, or familial status , recipients must provide a list of all such proceedings, pending or completed, Including outcome and copies of settlement agreements to the OHS FAO and the OH S Offi ce or ClvU R qhts and Civil Liberti es (CRCL) by e-mail at orcl @hg .dhs.gov or by mail at U.S. Department of Homeland Security Office for Civil Rights and Civil Liberties Building 410, Mail stop #0190 Washington, D.C. 20528. 6. In the event courts or administrative agencies make a finding of discrimination on grounds of race, color, national origin (including LEP), sex, age, disability, religion, or familial status against the reclpien~ or ~clpients settle a case or matter alleging such discrimination, recipients must forward a COP/ of the complaint and findings to the OHS 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 IV -Acknowledgment of Federal Funding from OHS All recipients mustacknowteoge ttieir use offederal funding when issuing statements, pre"SS rer~ses. requests for proposals, bid Invitations, and otner documents desc ribing proje ots or p_row:amsfunded in whole or in part with federal fur,ds . Article V -Acceptance of Post Award Changes In the event FEMA determines that changes are necessary to the award document alter an -award has been made , Including changes to period of performance or terms and concfrtions, recipients will be notified of the ·Ohangesin writing . Once notification has been made, any subsequent request forfunds will indicate recipient acceptance of the changes to the award. Please call the FEMA/GMD Call ~nter at (866) 927-56416 or .via e-mall to tiSK..G MO @d hs.gov if-you have any questions. Article VI -Disposition of Equipment Acquired Under the Federal Award When original or replacement equipment acquired under this award by the recipient or its sub-recipients is no longer needed for the original project or program or for other aatiVities curre ntly or prevlausiy supporte.9 by DH$/FEMA, you must request instructions from OHSJFEMA to make proper disposition of the equipment pursuant to 2 C.F.R. Section 200 .313. Article VII -Prior Approval for Modification of Approved Budget Before making any change to the DHS/FEMA approved budget for this award, you must request prior written approval from OHS/FEMA where required by 2 C.F .R. Section 200 .308. For awards with an approved budget. greatertnan $150,000 , you rnay not transfer funds-arnQng direot cost categories, programs , functions, or activities without prior written approval from OHS/FEMA where the oumulatiVe amount of slJCh tra.nsfers exceeds or is expected to exceed ten percent (10%) of the total budget DHS/FEMA last approved. You must report any deviations from your DHS/FEMA approved budget in the first Federal Financial Report (SF-425) you submit following any budget deviation, regardless of whether the budget deviation requires prior written approval. Article VIII -Procurement of Recovered Materials All recipients must comply with Section 6002 of the Sol d Wa ste D spos al Ac t as amended by the &IB.,ou~ce Conse rva tion an d Recovery Act The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C. F R Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. Article IX -Whlstleblower Protection Act All recipients must comply with the statutory requirements for whistleblower protections (if applicable) at 10 USC Section 2409 . U,s c secti()n 47i2, 10 u.s.c Sec ti on 2324 41 u,sc Sections 43 04 and 4310. Article X -Use of OHS Seal, Logo and Flags OHS-FEMA-HSGP-SHSP-FFY17 Page25 of 35 Kittitas County. E18-180 All recipie nts mustobta1n permission from thei r OHS FAO, prior to using the OHS seal(s), logos, crests or reprod uotlons of nags or likenesses of OHS agency offic!als, including use of the United States Coast Guard seal, logo, crests ·or reproductions of flags or li ke nesses or Coast Guar d offici a ls. Article XI -USA Patriot Act of 2001 All recipients must comply with requirements of the tJnltl09 a nd Strengthe rtl.09 Arne ri ca Rf ProvJdlng AQProp rlate. To.21§ Regulffid to ln terceot anCJ Obstruct Terrorism Act ·1usA P.O.TR:IOT Act), which amends 18 u_s c sections 175-175n Article XII -Universal Identifier and System of Award Management (SAM) All recipients are required to comply with the requirements set forth in the government-wide financial assistance award term regarding the System for Award Management and Universal Identifier Re q uirements located at 2 C ER Part 25 Aocend[x,Jj the full text of which is incorporated here by reference in the terms and co nditions. Article XIII -Reporting of Matters Related to Recipient Integrity and Performance If the total val ue of the reqpl e nfs currently active grants, cooperative agreements, and procuremeht cortracts from all federal a ss ls_fi:lnce offices exce ed s $10,000,000 for any period of time during the period of perfo rmance of this federal financial assistance award, you must comply with the requirements set forth In the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 CF R Part 200 Appendix XII the full text of which is incorporated here by reference in the award terms and conditions. Article XIV-Rehabilitation Act of 1973 All recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, ?.9 U.S C. sectron 794 , as 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 XV -Trafficking Victims Protection Act of 2000 All recipients must comply with the requirements of the government-wide award term which implements Section 106(g) of the Trafficking Victims Protection Act of 2000, (TVPA) as amended by 22 u.s _c _ sect'ion 7104. The award term is located at .z G, F R sectjon 175.15, the full text of which is incorporated here by reference in the award terms and conditions. Article XVI -Terrorist Financing All recipients must comply with E.O 13224 and U.S. law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legal ly responsible to ensure compliance with the Order and laws. Article XVII -SAFECOM All recipients receiving federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance Interoperable communications. Article XVIII -Reporting Subawards and Executive Compensation All recipients are required to comply with the requirements set forth in the government-wide Award Term on Reporting Subawards and Executive Compensation located at 2 C . F R. Part 170, Appendix A, the full text of which is incorporated here by reference in the award terms and conditions. - Article XIX -Debarment and Suspension All recipients are subject to the non-procurement debarment and suspension regulations implementing Executive Orders (E.O.) ~and ~ and 2 C ,FR Part 180. These regulations restrict fede1c1I financial assistance awards, s ubawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for partici pation in federal assistance programs or activities. Article XX -Copyright OHS-FEMA-HSGP-SHSP-FFY17 Page 26 of 35 Kittitas County, E18-180 All recipients must affix the applicable COP,'right notices of 17 U.S. C. sections 401 or 402 and an acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistance awards. Article XXI -Clvll Rights Act of 1964 -ntle VI All recipients must comply with the requirements ofTitle VI of the Civil Rights Act of 1964 (42 U S.C. section 2000d et seq.). which provides that no person in the United states will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. DHS implementing regulations for the Act are found at 6 C F.R. Part 21 and 44 C.F.R, Part 7_ Article XXII -Best Practices for Collection and Use of Personally Identifiable Information (PII) OHS 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: Prtvacv Guidance and Privacy terrm!P~ as useful resources respectively. Article XXIII -Americans with Disabilities Act of 1990 All recipients must comply with the requirements ofTitles I, II, and 111 of the Americans with Disabilities Ad., 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. (4 S ec l n 2:10 -1221 . Article XXN -Age Discrimination Act of 1975 All recipients must comply with the requirements of the Age Discrimination Act of 1975 ([itle 42 LJ.S, Code sectfon 6101 et §§.9,_), which prohibits discrimination on the basis of age in any program or activity receiving federal financial assistance. Article XXV • Activities Conducted Abroad All recipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. Article XXVI -Patents and Intellectual Property Rights Unless otherwise provided by law, recipients are subject to the Bayn-Dole Act Pub, L No 96-5 1L as amended, and codified in 35 U.S,C section 200 et seq. All recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards located at 37 C F_R Part 401 and the standard patent rights clause located at 37 C. F. R. section 401.14. Article XXVII -Notice of Funding Opportunity Requirements All of the instructions, guidance, limitations, and other conditions set forth in the Notice of Funding Opportunity (NOFO) for this program are incorporated here by reference in the award terms and conditions. All recipients must comply with any such requirements set forth in the program NOFO. Article XXVIII -Non-supplanting Requirement All recipients receiving federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non-federal sotxees. Article XXIX -Nondiscrimination in Matters Pertaining to Faith-Based Organizations It is DHS policy to ensure the equal treatment of faith-based organizations in social service programs administered or supported by DHS or its component agencies, enabling those organizations to participate in providing important social services to beneficiaries. All recipients must comply with the equal treatment policies and requirements contained in 6 C.F.R. Part 19 and other applicable statues, regulations, and guidance governing the participations of faith-based organizations in individual OHS programs. Article XXX -National Environmental Policy Act DHS-FEMA-HSGP-SHSP-FFY17 Page27 of 35 Kittitas County, E18-180 All recipients must comply with the requirements of the Nationa l Env ironmenta l Pol icy Aol (NEPA) and the Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA, which requires recipients to use all practicable means within their authority, and consistent with other essential considerations of national policy, to create and maintain conditions under which people and nature can exist in productive harmony and fulfill the social, economic, and other needs of present and future generations of Americans . Article XXXI -Lobbying Prohibitions All recipierts must comply with 31 U.S. C. section 1352. which provides that none of the funds provided under an rederal financial assistance award may be expended by the recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action concerning the award or renewal. Article XXXII -Limited English Proficiency (CiVil Rights Act of 1964, Title VI) All recipients must comply with the Title VI of the Civil Rights kt. of 1964 (Title VI) prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services . For additional assistance and information regarding language access obligations, please refer to the OHS Recipient Guidance ~OYL guldance-publlshed~help-department-supoorted-organlza 10ns-prov1de-rneaningful-access-people-l mlted and additional resources on http;l/www.leo gov . · Article XXXIII -Hotel and Motel Fire Safety Act of 1990 In accordance with Section 6 of the Hotel and Motel Fire sarety Act of 1990, 15 Us c . s·ect)on 2225a . all recipients must ensure that all conference. meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974. as amended,~ U.S.C. section 2225. Article XXX1V -Fly America Act of 1974 All recipients must comply with Preference for U.S. Flag Air Carriers (air carriers holding certificates under 49 U S,C. section 41102.) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 l:J .S C, section 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981 amendment to Comptroller General Decision B-138942. Article XXXV -Federal Leadership on Reducing Text Messaging while Driving All recipients are encouraged to adopt and enforce policies that ban text messagirg while driving as described in E...Q. 13513 including conducting initiatives described in Section 3(a) of the Order when on official government business or when perrorming any work for or on behalf of the federal government Article XXXVl -Federal Debt Status All recipients are required to be non-delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. (See 0 MB Circular A-129 ,) Article XXXVII -False Claims Act and Program Fraud Civil Remedies All recipients must comply with the requirements of 31 U.S .C . section 3729 -3733 which prohibits the submission of false or fraudulent claims for payment to the federal government. (See 31 U.S.C, seglon 3801 -38 2 which details the administrative remedies for false claims and statements made .) Article XXXVIII -Energy Policy and Conservation Act All recipients must comply with the requirements of 42 U SC sectio n 62()1 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act Article XXXIX -Education Amendments of 1972 (Equal Opportunity in Education Act) -ntle IX All recipients must comply with the requirements of Title IX of the Education Amendments of 1972 (20 U.S :C . section 1681 ~. which provide that no person in the United States will, on the basis of sex, be excluded from participation in, be DHS-FEMA-HSGP-SHSP-FFY17 Page28 of 35 Kittitas County, E18-180 denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assistance . OHS implementing regulations are codified at 6 C. F. R Part 17 and 44 C,F R Part 19 Article XL -Duplication of Benefits Any cost allocable to a particular federal financial assistance award provided for in 2C ER. Part 200, Subpart E may not be chai:ged to ot her federal financia l assistance awards to overcome ru nd deficiencies, to avoid restrictions Imposed by fed eral statut es , reg ulations, or feeler~[ financi al assistance award terms and conditions, or for other reasons. However, these prohib'rti ons weuld not preclude recipie nts from shifti ng co sts 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 XLI -Drug-Free Workplace Regulations All recipients must comply with the Drug-Free Workplace Act of 1988 (41 U.S .C. section 8101 et seq.), which requires all organizations receiving grants from any federal agency agree to maintain 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 Government-wide implementation (2 CFR part 182) of sec. 5152-5158 of the Drug-Free Workplace Ad:. of 1988 (Pub. L 100-690, Title V, Subtitle D; 41 U.S.C. 8101-8107). Article XLII -Civil Rights Act of 1968 Ali recipients must comply with TjUe VIII of the Civil Rights Act of 1968, which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex ( 42 U S.C. section 3601 et seq ). as implemented by the Department of Housing and Urban Development at 24 C.F.R Part ,oo. 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 incf1Vidual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)-be designed and constructed with certain accessible features. (See 24 C F,R section 100 .201 .) Article XLIII -Operation stonegarden Program Hold The recipient is prohibited from drawing down or reimbursing sub-recipients of Operation Stonegarden (OPSG) funding provided through this award until each unique, specific or modified county level, tribal or equivalent Operations Order and or Fragmentary Order (Frago) has been reviewed by FEMNGPD and Customs and Border ProtectionAJnited States Border Patrol (CBP/USBP). The recipient will receive the official notification of approval from FEMNGPD. Article XLIV • Fusion Center Investment Hold -SHSP A program hold is placed on SHSP Investment #1 and the recipient is prohibited from obligating, expending, or drawing down SHSP funds in the amount of$628,515 in support of its State and/or Major Urban Area Fusion Center. In order to release this hold, the recipient is required to submit the Fusion Center Addendum, which captures requirements for all Fusion Center investments, per page 42 of the FY 2017 HSGP Notice of Funding Opportunity. Aease contact your DHS/FEMA GPO Headquarters Program Analyst to receive a COP,' of the Addendum. and to receive further guidance on the steps required to release this hold . Article XLV -Fusion Center Investment Hold -UASI A program hold is placed on UASI Investment #1 and the recipient is prohibited from obligating, expending, or drawing down UASI funds in the amount of $929,587 in support of its State and/or Major Urban Area Fusion Center. In order to release this hold, the recipient is required to submit the Fusion Center Addendum, which captures requirements for all Fusion Center investments, per page 42 of the FY 2017 HSGP Notice of Funding Opportunity. Please contact your DHS/FEMA GPO Headquarters Program Analyst to receive a COP,' of the Addendum, and to receive further guidance on the steps required to release this hold. BUDGET COST CATEGORIES Personnel $0 .00 DHS-FEMA-HSGP-SHSP-FFY17 Page 29 of 35 Kittitas County, E18-180 Fringe Benefits $0.00 Travel $0.00 Equipment $0.00 Supplies $0.00 Contractual $13,056,331 .00 Construction $0.00 Indirect Charges $148,520 .00 Other $0.00 OHS-FEMA-HSGP-SHSP-FFY17 Page 30 of 35 Kittitas County, E18-180 Oblipt.g-Da.:~ Anrll/Amadmeat fa AGREDID.7i'~O. .2_~'\!E-.i'"D..~"T~O 3 4.TU'E OF CilID< EYII"-~1:-SS--OC•l Ol-S •H ••• P.EwPn r .A w_.uo NO. 916il 0Hl95G- ---- 3 . CO i'IR.OU~"'O. W5 1'D IDN. U."310PS4N W5 l •DPS6N .RE~"'!:.:-t.\E_~~ "'/. "G FB!.!.OmCE~.,., ADDRES S .ADDRESS !. P.ADIE).'T omcr .-L'JJ ADDRE SS Flllimditl Seti.ices Bnl!.ch 'II"a:Jlfu:~ Y..ilit!rr Gr.u:t ~ D~ 245:,,fmnyune-~•UO . SW .Bllildim ::1) V.-~DC, JOS.!S-70 00 Cm.p,~y. V.A..i!R,{7:Ct-roe : S.66-9::7-564 6 5ill 5-00 C Sinet S.W _ Room 713 '\l".:,;rnn~ DC • .!04TI 9.N.-UISOF?.ELIP c~.1' PRO:Ecr omen. Clw:a:.ilAc.mmon. ?EO?-."'IXO HJ,. X.-L"1E OF FE..\L..\ PROJECT COOF..D::\.-lTOR Ci!EID.":ll S~dnline iu:.i Jn:armatl.on Deei1 Phace: S00-36!i-64!13 Emil: Aa);:c;i:L~!cbs.gor, 11. EFFEcm"E D..\!E OF U. THIS ACTION )!DHOD 09 C1l . ::017 Of 13. A.SSIS'l.-l.." CE .UUL-l.. ~Gn£,,, "'I Co::r ltmbi!Gi!CE.t From: To: P..\DdD.'"T p_,UlS •!t.ill t/2017 llB,'31.,2020 Bad~PeriDd 09.ll]t.'2017 DB.,'31 ,2020 15. DESCPJPII(l!S' OF _.\CTION ii...~ ;man! dxa:iir:nlilm arfil?.:mml ~) PF.OGP-U! aD....\XO. ACCOt.":-1--rINGDA.L\ X-UIE ,-tees CODE} ACP~O!o.~ XXXX-~-~- HOJDel.mlf 97.067 s~ C""LlCI Plop;mt HOID!liillli 97.[I O" Si'.m:e: C-t.1CI Piop:mi. H~ Pi'.067 Secmn· Gr.Et • P.rop:mi TOT.US :CX:C\X-x_,;,=cr-~-X Jl}l7-F.A-Bl l l~Hl~-4rnl- D ::m7-F.A-Bll5-P4I0--410l- D ::(117-F.A-B::11~10.--41•~l- D PPJOR TOL-\1. AU-.-t.~• .ll!OTh"! .!\WAIDE) 1BIS Acrro· -OR.(-) S0 .00 s.5A-7S.OOU.00 S6 • .fid.0 .00 ~0 .00 SL~Uil.00 Sl.548.Sil .0C• S0.00 S5.llW.0CiO.OO S5,lSO.OC-:J·.OC• :i. To ~oo ~ oit.e-tbm :!uuimg data ormmicial ~ 31mth ;chea'llle .miirl:cl:l bm. :ct C"~":lr!l-:L.\.!:".~ NON- EDEP-U CO~'"! See Ta'Cllli S0.00 16 il. FOlt~--m--DlS..\.S'IERJ:lR,CGRA.\!S: RECTPB."T :S REQ'ClltED TO !if~ .:1::iD RETGRNJHREE (;J <:0!1:ES OF TBlS DOCO~'"I' TO FD!.\ (See..Block. 7 fanddm53) K~ Se.omr:-G:ram.Pm~Ecq:i~ ll.ti? :oo, n:quirec 10 ~ .n:..inr= ~opf;s oiitir; coc::mi!O.. Howc,w recf!:iem3 moor..'!. millt ;u:d leso .i cGOv of ll?i. lfac.mm:.t for 11:.-m mc:mik. i61J..FORI:[SA.SlER.PROGlt.-U · RECPia"T IS NOT REQt:RED TO SIGJ.~ !his as;i.Ti!CC! i>,,~qje:t lO r&m -llld coumim:s [t.!ched.10 w 3Wi1Id ClilticE! at~-in.cQIPCl!:'iU'e_Q n:ere:ic~ le :pl'Qgnm egi5J.at:lon a~ ii.bow. 17. REGJ::El'4"T SIGN.A.TORY omCLU (.Name .ind Tole) DATE- GMI Cnn l!I . FE.'£.\ S:G?i.UOP..X OFRCI.-U. • -m:ne .!l!4 TIil.?) A.'I: ~ R,utOtD MCL-l.iln" . _'ilii,.---tmre Officu DHS-FEMA-HSG P-SHSP-FFY17 Page 31 of 35 Tue Oct C•3 19-.35::il!l u\IT 20 17 DUE Thu.All!: 31 lS:ll:41 G..'dl' 10 17 - Kittitas County, E18-180 ta!LOV. I~ As the Pass-thrCM1gh Entity (1'Tfl, the W~hlll&lon Slate MINta,y Department (WMD) fm•r1encv M1n11&emant Dfvblon 'J ftMD) Pnp..,.dllfl! Grants Sactlon (PGS), rtforenced as the Departmont, Is rosponslble for ensuring federal fundlnc Is •xpended and pfOCl'il1IU Implemented In full accordance with governing law and regulations, flghty,porcont of the ,ta la's award Is allocated to local and tribal units of government In accordance with Fe deral guidelines, Washington State Is divided Into nine Homeland s.·airlly Regions. Funding Is allocated to Regions according to a county bosa, population, and population density fundlnl lonnwt. The remaining twenty percent Is aUocatod to state a11encles using a sustainment funding model. Each Homeland S.-lry Region ond portidpotlng State Agencv submitted projects that were Included In the State's Jnvestm•nl Justification. Tllo projects were further detailed In subprojects, which are t he focus of tho wortc plan. :11t1 of Conti.a --7~ 11q.,.,1 Zale Choice :.ol . ..chori1Pmil.wa.,<w 7~'1 llliioon7 Guy Stumph gary,stumph@>mil,w•.aov 7QJ ~j Zole Choa1e 1ole,cho.rte@lm61.wa 10v 7461 ,-~•"""' zoi.cho1c1 zoie.choate@mil.w:a -&O'J 7461 Bqlcrls Michael Alscon mkhael.alt.ton@m ll.wa.gov 7083 ft,tlc,!6 Gory Stumph 1ary.s1'11nph@mil.w1.gov 7483 flt&,cn 7 MkllHI Alston ~ mich.telillstan@mf1.wa.g<N '7ell ft•alo!,& Mlrnul Alston mkhHf.alston@>mll.wa.aov 70C RqJon~ Deborah Henderwn deborah.hendenon@lnw1 .wa.1ov 1414 a.ll,..,.,a.,, ..i Guy Stumph gary,stumpl,@mil.wa.gov 74&} :k.,tlJ«,Cityof Gary Stumph 1ary.stumph@mil.wa gov s,,,.,.WA Olborah Henderson deborah.hcnderson@mi1,wa.ga11 WSOA Debon1h Ht11de,son debor~Jwndt'non@mllwa.1<W W1l' Oebot~.11. kodtt.lOn d<bor,h.l)lndc~mll.w:, c•• Governance llegl~n 7 Is composed of Chelan, Douglas, Grant, Kittitas, and Okanogan Counties. Tho responslblllty ol tho Rllifon 7 Homeland Suurfly Coordinating Office a,,d point of contact for the Region Is rotated biannually, wllh each county serving In turn. Aliacl'lmM2 Washlnston Homeland Security Reslons Threats. &'Auar, Tfl/'l'Ollat targets Include: Pr!rno.ry 1U-lsuucl rlsia lndude: • Hydroo.hmrlda<UiUH • Wlldland Fires • Transporlallon • landslides • PubAc Events • Floods • Industry • Winter Storms • Wfnd Storms • Earthquakes • 11 ....... ml, lnc:kknts Bu elf.et ibrBl!OJds iin'i!, • • Th• ma•imum percentage of the Grant Agreement Amount that may&, wed by tho Sub11dpl.tn t forn\lNillffll1nl and administration costs under this Agreement fs Identified In the Budget, and may be IHt than, but wlll not exceed, the maximum 5%. • Al lust ZS% of th• overall award amounts for SHSP and UA SI must be dodlated lowanls law onlon:emant terrorhm proventlon activities (LETPA). The lfTPA perunta&• of the Gra nt Agreement Amount that must be met as• minimum r.tquiff!nlont ol this Agreement by the Subreclplent Is ldentlfled In lhe Budget. OMmi ltWHim11n1.lultlfl""1/on M&A ·SAA 1nv .. tment #1 Investment 1112 Project Ml State Planning. Elercise, and Trainlrc P,oJect 12 Agric LA1ure Emergency Planning ProJttt e Clllan Corps p,01.r•m Investment #3 (WnhlJgton lltgkuul.HamoliJ!d Sacllrfty l'rDl•m l Project #1 Region 1 -Homeland Securily Project 12 Region 2 • Homerand Security Project 13 Region 3 • Home,and Secumy Project 14 Region 4 • Home land Security Pro}ect •s Region 5 • Homeland Security ProJett #6 Region 6 ... Homeland Security Project #7 Re&i<>n 7 • Homeland Securlly Project 18 Region 8 • Homeland Sccuruy Project H Re&ion 9 • Homeland Securtty SM76,000• $323,800 $621,515 $S28,515 $100,000 $442,885 $275,923 $74,804 $92,158 $5,080,800 $595,199 $296,903 $379,032 $440,572 $759,38S $1,35!!,714 $289,602 $371,301 $589,092 • The raaxlmum percentaa• of the Grant Agreement Amount that may be used by the Si.!brcdpiant for personnel e,i;penses under thl•.A1reement Is Identified In the Budget and may differ from the 5°" HSGP limit, • Any budget changn to LETPA and/or Penonnel must be made In wrldn1 and wlll be reviewed for an omendment. OVenll ln11111m,n1 Jus llll<ltlon M&A-SAA lnvostment 11 lwubJn&ll>fl SIiia Fuilon Ctt>ler Projl-(1 ll W5P Support of Fusion Center Ptol•<t U ,S.tnf•SupJ)Ofl offu:ilDN C.ntcr ln11estmontl2 (s1t11tie 0.Ml j Project ,i s.!Ue Utbat>Alo S<!>l.lllM>enu.nd Er\M""'men1 lnv•stment #3 IW•sl1lngl011 State ..,.,,.1 .. P<ojecu ProJa<t#l 5111,w id•PIMlnini. Tralf'.lln& and Exercise P,ogram P<oject #2 Otlzen Corps EKpo and Leadership Summit SS,lll0,000 $259,000 $929,587 $479,587 $450,000 $3,694,000 $3,694,000 $297,413 $259,253 $38,160 DHS-FEMA·HSGP-SHSP-FFY17 Page 32 of 35 Kittitas County, E18-180 This work plan supports the 2017 Washington Stale HSGP (SHSP) Investment Jusllffcallon, Investment #3 -Washlncton Rellonal Homeland Security Ptajei:ts, Pra)o« #7-Roglon 7 Homeland Security (WA17SHSP>INV·3>PROJ·JI. PROJECT DESCRIPTION Reclon 7 Homeland Security ; FurvJln1 wHI be utlllzed to ck,se gaps In sbc identlfi1d cap.Ability areas ; ; 1) Public Information and Warnlnc:·Pilrtial raps ldentHied in mass-noUfico1tion capabilities to overaH poputation. : Assessm•nt of publlc notlflution ilnd ou1reach procr.1m durin1 all-hazard responH has Identified a gap specific to ; communicating ...,Kuatlon notification and informotlon witll rimtted fllclsh spuklnc i,e,scm; 2, Infrastructure Systems-not 111 critical infrastructure assets hav• been ide ntified within the re1K>n and threats and hazards need to be assessed; 31 Operational Communlatlot15-equlpmant updates are on1otn1 with loc al fire districts, bw apncies, EMS and ott\er entities; multi-year project is underwily to enl'lance communlations interoperablllty across the reaion; 4) Interdiction and Oisruption•Specfalty tactics teams have a &aP related to traininc and equ,pment specific to domestic terrorism ind other terrorism risks. Tactical ballistic vests need replacement and there is• need for on-- scene medical surge equlipm~t; 5) Open,tloMI Coordination recional pp has been identified concernln& t he number or trained personnel av.ail.able to staff Emergency Operation Centers due to attrition of per10nnel and a sicniflcant lncraase In EOC actrations over the past twcJ years; and 6) Community Res:lliance-conlfnuatlon Df recional public amreness outreach activities related to pre~r•dness for man--made and natural all--hazard emer••ncles. SOLUTION AREA/ BUDGET CATEGORI' AMOUNT PERSONNEL LETPA So/aries & Benefits $0 $a l Overtime/Bac/cfi/1 soJ $0 l ~ M&A Goods & Services Travel & Per Diem $11 I Total $0 $0 Award Amount [ -... ==-;, ~~ •~n• Am,o•,>t M~n.aaem&nt& Adrr.lnl.Ur'IUO.M,(M&A) .S%or.Al,tHm.rlkAlrioor\~ so 1'9Non,\o!Ca,1, 50%cC Ovanll Awa,d $0 1£JPA 25% of UASl&SHSI' Aword• $43,436 SUBPROJECT SCOPE Subproject #1 Planning $0 $0 $0 The l2ll is lo equip response personnel wlth adequale resource< and protection to respand lo terrorist -attack• or threats within Real on 7. The l!nl!. to the approved project In the 17SHSP Investment .lllsllfocatkln Or1anizalion $7,480 $0 $1,000 Is -4) lnterdli:tlon and Disruption-Specially tactics tams have• l•P related ta training and equipment specific to dornestk terratlsm and other terratism risks; lactlcal baHblic vests need replacement and there Equipment $29,400 $29,40Q is a need for on-scene medical sur1• equipment. §m exists due to lack of equipment and 11ina •Cl\l~nl. The ~forthb t\ind!nf cy<te Is •WPP\na JJ>Kialty te1,ni !sud, 11 SWAT). !11ru11aJ will lnterdli:tlon and I-. br u<ed b:, p,,rdlose monilO<l and hord _chille.s lo.-• mobl!!, loren$1c1 machll\e; a ia~al pale c1Mo,a; and Dls,upllon Training $0 $0 $0 h~vy 111!$1.< and baJ!l,tic plb!es for ,pedal teams. Additlonafty;some lundlna-wfll b<! uffd to eonUn "".,, ------effort to provide life savin& equipment (such as tourniquets) to responders. A fee for the stara1e unit, $0 $01 $0 which houses the mobile command post and other SWAT tactial equipment and vehicle, will be covered Exercises by the subproj«ts funds. The dmred outcome is for Caunty special tHms to be adequately equipped ta Total $36,880 $0 $30,400 respand to and engage In life-savlna and life-sustainin& operations durln& terrorist attacks or threals. DHS-FEMA-HSGP-SHSP-FFY17 Page 33 of 35 MILESTONES Develop courses of action Vet courses of action with stakehalder croups Implement approved courses of action Validate if actions achieved desirod outcome Evaluate success of desired outcome and determine next steps Killilas County, E1B-180 SOLI/TION AREA/ 8UDGETCATf:GDRY AMOUNT PERSONNEL LETPA SUBPROJEcr SCOPE MILESTONES Subproject H2 Planning $0 $0 $0 Develop counes of action The '&!!!! ls to enhance Operational Coordination for R•&ion 7. The !l!!!! to the approved project In Oraanization $0 so lhe.J 7SIIS P Investment JUillflcallon Is -5) Operational Coordination: A reclonal gap has been identified I/el courses of action with 51akeholder aroups conctmlnc the number of trained penonnei available to staff Emergency Operation Centers, due to Equipment $0 $0 t l\ritlon of personnel and• slgnlficont incre1se In EOC actlvations over tho past two years. Due to lmp1ffll""I approved courses of action ---pe<soM ol turnover, 1i1!J. exist with the number of staff trained to respond to EOC activations . The p,lnu1y Operational $13,036 $0 $_13,036 .ll!f!!1!!!H (or tllll funding cycle is tralflin& related to regional tactical response copabiftlies . f1m111n1. wiH Va Hdatt if actions achieved desired outcome Coordination Training be used for associated costs related to training and to support the annual county-wide active shooter Exercises $500 $0 so eiu,rtk-e. The desired outcome ls that realonal operatlOnal coordination wlU continue to Improve, resulting Ewlua te success of dot/red outcome and determine In lmp,oved synchronization within Region 7 In the event of • terrorism or al-harards event. l'IC)I I steps Toto/ $13,536 $0 nl,036 SUBTOTAL SS0,~16 lO $0,436 Given Personnel Costs and LETPA are calculated on a statewide basis, It Is acceptable for local INDIRECT $0 percentages to deviate from the grant requirement. However, any budget changes to LETPA TOTAL ~S0 ,41 6 "of Award and/or Personnel expenses will require an amendment_ PERSONNEL AMOUNT $0 0% LETPA AMOUNT $43,436 86% DHS-FEMA-HSGP-SHSP-FFY17 Page 34 of 35 Kittitas County, E18-180 Homeland Security Region 7-Kittitas County Date Task September 1, 2017 Grant Agreement Start Date NLT July 31, 2018 Submit Spend Plan September 1, 2018 Estimated date work will begin NLT April 30, 2019 Submit Progress Report August 31, 2019 Grant Agreement End Date. All work ceases. NLT October 15, 2019 Submit Final Reimbursement Request and Closeout Report. * Reports are due before final invoice will be reimbursed. HSGP Grant Performance Period: September 1, 2017 -August 31, 2020 DHS-FEMA-HSGP-SHSP-FFY17 Page 35 of 35 Kittitas County, E18-180 S IGN AT UR E AUT H ORI ZATI ON 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 4/12/18 PROJECT DESCRIPTION CONTRACT NUMBER SHSP FFY-17 E18-180 1. AUTHORIZING AUTHORITY SIGNATURE PRINT OR TYPE NAME TITLE/TERM OF OFFICE ~·~ Gene Dana Sheriff 12/31/2018 2. AUTHORIZED TO SIGN CONTRACTS/CONTRACT AMENDMENTS SIGNATURE PRINT OR TYPE NAME TITLE G . Gene Dana Sheriff :. I _____,c'_ - 3. AUTHORIZED TO SIGN REQUESTS FOR REIMBURSEMENT PRINT OR TYPE NAME TITLE Darren Higashiyama Commander Heather Seibert Chief Financial Manager \\NAC-1\VOL 1\HOME\KARENBI .... \WP\SIGNAUTH Rev ised 3/03