HomeMy WebLinkAboutAgreement E20-168Kittitas County
Review Form
Grants & Contract Agreement
Today's Date Agenda Date
November 25, 2019 December 3, 2019
Fund/Department
37 / Sheriff -
Contract/Grant Information
Contract /Grant Agency: Washington State Military Dept and the U.S. Department of Homeland Security
FFY17 HSGP/SHSP (New Agreement)
Period Begin Date: 09/01/2017 I I Period End Date: 02/29/2020
Total Gra nt/Co ntract Amount: $5,005.41
Grant/Contract Number: SH19-032 (E20-168}
Contract/Grant Summary: FFY17 HSGP is part of the ongoing Homeland Security Grants that are managed
through the Region 7 lnterlocal Agreement. Due to a vendor issue, product/equipment that was ordered in 2019
and intended to be paid for out of the original grant (SH18-019 (E18-180)) was not received. Washington State
Military Department is extending the period end date to allow us to re-order through another vendor.
Financial Information
Total Amount $5,005.41 State Funds $0 Federal Funds $5,005.41 (pass-thru
from WA State Mil Dept.)
Percentage County Funds 0% Matching Funds $0 CFDA# 97.067 HSGP
In-Kind$
Explain
Is Equipment being purchased? Yes Who owns equipment? Kittitas County, per contract
New Personnel being hired? NO Contact HR hiring-rep orting requirements
Future impacts or liability to Kittitas County: Compliance and audit requirements.
Budget Information
Budget Amendment Needed? Yes D attach budget form No[} Why not -Already budgeted
New Division Created? NO
Revenue Code 001-3-1&31733397067 · ~ \)l t;\l!XUM '-<\ tJ ~ ~u6~ (A--lt o 7 0 3 )<)( 'o"~ ~70ui7
Expense Code 001-:f183 :1:15,e{x,(
Grant/Contract Review Page 1
6 .
Pass Through Information
Agency to Pass Through NA
Amount to Pass Through $0
Sub-Contract Approved Date:
Prosecutor Review
I Has the Prosecutor reviewed this agreement? I Yes [ii No D CAMAS# 47799
County Departments Impacted
Auditor Facilities Maintenance
Information Services Human Resource
Prosecutor Treasurer
Submitted
I Signature: ~
Department: Sheriff
I Date: T J
Assignment of Tracking Information
Auditor's Office
Human Resource
Prosecutor's Office
Who Signed the grant application
I Reviewer I Date
Grant/Contract Review Page 2
Washington State Military Department
RE CE I V ED
NOV 19 2019
HOMELAND SeCURITY GRANT PROGRAM AGREEMENT FACE SH~S.f.-.-._ .. ~-
1. Subrecipient Name and Address: 2. Grant Agreement Amount: 3. "'' ... ,.. ~· ___, .. ..:..,.. Nilinber.
Kittitas County Sheriffs Offtce $5,005.41 E20•1 68 307 W Umptanum Road
Ellensbura, WA 98926-6720
4 . Subreclpient Contact, phone/emaH: 5. Grant Agreement Start Date: 6. Grant Agreement End Date:
Darren Hlgashlyama, (509) 933-8206 09/01/2017 02129/2020 darren.hlgashlyama@co.klttitas.wa.us
7. Department Contac~ phone/email: 8. Data Universal Numbering System (DUNS): 9. UBI # (st.ate revenue):
Michael Alston, (253) 512-7083 010202547 192-002-613 mlchael.alston@mll.wa.gov
1 o. Funding Authority:
Washlnaton State Mllltarv Department (the "Deoartment") and the U.S~ Department of Homeland Secul'ity (OHS)
11 . Federal Funding Identification#: 12. Federal Award Date: 13. Catalog of Federal Domestic Assistance (CFDA) # & Title:
EMW-2017-SS-00101-S01 08131/2017 97.067 • HSGP (17SHSP
14. Total Federal Award Amount 15. Program Index# & OBJ/SUB-OBJ: 16. TIN :
$13,204,851 773SZ, 773SH, 773S8, 773SL, 773SC, 773SQ I NZ NtA
17. Service Districts: 18. Service Area by County(ies): 19. Women/Minority-Owned, state
BY LEGISLATIVE DISTRICTS: 13 Kittitas Certified? X NIA D NO
BY CONGRESSIONAL DISTRICTS: 8 D YES ,0MWBE#
20. Agreement Classification 21. Contract Type (check all that apply):
D Personal Services D Client Services X Public/Local Gov't D Contract X Grant X Agreement
0 Research/Development D NE D Other D lnterQovernmental (RCW 39.34) D lnteraa_!ancv
22. Subreclplent Selection Process: 23. Subreclpient Type (Ql:leck all that apply)
X "To all who apply & qualify" D Competitive Bidding D Private Organi zation/Indivi dual D For-Profit
D Sole Source D NERCW D NIA X Public OrganlzationfJurisdiction X Non-Profit
0 Filedwf0FM? D Advertised? DYES ONO . DCONTRACTOR X SUBRECIPIENT OOTHER
24. PURPOSE & DESCRIPT!0N :
The purpose or the Federa l Flsco1I Year (FFY) 2017 Homeland Security Grant Program (17HSGP) Is to support state and local efforts to prevent terrorism
and o(her catast~ophlo events and to prepare the Nanon fOf" thr.eals and hazards that pose the greatest risk to the security of the United States. 17HSGP
provides funding to Implement fr,vestments that buffd, sustain, and deliver the core ca_pabUnles essential to ectilelllng the Nal/011al Prepa.rednesa Goal (the
Goal) ors secure and restnenlN'aUon. 171i!SGP·supporl& core oapabll(t!es !lct~s l~e flve ,mr~~fon areas of Pl'evanllon, Pro.tecilon, Mitigation, Response, and
R~W1¥ based on allowable <;oslll. f:!S0P IS comprised ol U:,rea lnte,rconnectad _grant programs : Slate Homeland Security Program (SHSP), Urban Area~
Securlty .l nHlaUve (UASI), and Operation Slonegarcten (OPSG). T.ogethar , these grant programs fund a range or preparednsss ~Uvllie&, Including prannlng,
orgaolzallon , aqulpmeot-pu rohaso. tr aining, exercls~. and management and admlnl:sltaUon.
The DeRartmenl Is Iha Reclplenl and Pass -t hrough Entity of the 171'iSGP Award EMW-2017-S8--00101-S01, w!llch Is lnc,orporaled In _ and attached he(elo
as ·Attachment 1, and ts making a sub award of funds to lhe Subreclplent pu,-uant t\1 lhls ~greemen t. The Subroolplent Is aocountabre to the Department for
use of Federal award (lmds proVlded under lhts AgreemenL The SUbteciplent's Scope, Schedul_e. and Budget for U:tasubaward are detailed In Allachment
2 :
IN WITNESS WHEREOF ,. the Oepartmenl and SUbreclplentacknowledge-and accept the termS' or this Agreement, lnchJdlng all refe(enc(ld Exhibits ancs
A(lachmentsv1hlch are hereby.Incorporated In arid made a part hereof, and have e,cecuted this Agreemenl , IIS of l,he c1ate b'elow , llil§·Ag,eemenl Face Sheet;
·-Special Terms & Condl!(on(I (E,chlblt A): General Terms and Condlllons (Exhlbfl B); Attach·menfs ·1 and 2; and ell olh~r documents. exhibits and attachments
expressly rererer,ced and fncorporiifed herein ccnlaln all the ter(ns ~nd condillons agreed upon by lhe parties . .and govern Iha rights and obligations of the
p,arUQS to .tt,fs Agre11men1. No other understandings, oral or olhetwll!e, regarding the subject matter of this Agreement ahan be deemed to exist or to bind any
of lhe Dartles 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 Tenns 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.
WHEREAS , the parties hereto have executed this Agreement on the day and year last spe cified below.
Fi,;.E DEPARTMENT: L FOR THE SUBRECIPIENT: ,, /~-u L,CJ IX:t. V-,,,~ ~7 fl" /'J .. ~12 -~ 6 • 1' ..-1::?&:: r ' Date Slgn<1ture Date ~g tire r q
Regan Anne Hesse, Chief Financial Officer Q&Ae-GaAa ;-Sheriff C,\ a Hi as
Washington State Military Department Kittitas County Sheriff's 0ffi e
BOILERPLATE APPROVED TO FORM: APPROVED A~ T~ F ~~~lcable): ''\i\q\ {\ Signature on FIie (10/26/2017)
Brian E. Buchholz, Assistant Attorney General
Applicant's Legal Review \ D~te
Form 09/09lZ015 mll
DHS-FEMA-HSGP-SHSP-FFY17 Page 1 of 34 Kitlitas County, E20-168
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 Hlgashiyama Name Michael Alston
Title Commander Title Program Coordinator
E-Mail darren.hlgashlyama@co.kittitas.wa.us E-Mail mlchael.alstonl@mll.wu1ov
Phone 509-933-8206 Phone 253-512-7083
Name Sharrie Mcoherson Name Kathrvn Zetzer
Title Fiscal Analyst Title Section Supervisor
E-Mail sharrie.mcpherson@co.kittltas.wa.us E-Mail kathrvn.zetzer®mll.wa.nov
-
Phone 509-962-7099 Phone 253-512-8477
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 DHS 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 DHS Award letter is incorporated in this Agreement as Attachment 1.
The Subrecipient acknowledges that since this Agreement involves federal award funding, the period of
performance described herein tnay begin pripr to the availability of appropriated federal funds. The Subreclpient
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 serv)ces 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 subreclpient:
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 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 DHS Award letter for Grant No. EMW-
2017-SS-00101-S01 in Attachment 1, and the federal regulations commonly applicable to
DHS/FEMA grants
Iii. The Subrecipient shall be responsible to the Department for ensuring that all 17HSGP
federal award funds provided to its subrecipient are used in accordance with applicable
federal and state statutes and regulations, and the terms and conditions of the federal award
set forth in Attachment 1 of this Agreement.
DHS-FEMA-HSGP-SHSP-FFY17 Page 2 of 34 Kittitas County, E20-168
2. BUDGET, REIMBURSEMENT, AND TIMELINE
a. Within the total Grant Agreement Amount, travel, sub-contracts, salaries, benefits, printing,
equipment, and other goods and servioes or other budget categories will be reimbursed on an
actual cost basis unless otherwise provided in this Agreement.
b. The maximum amount of all reimbursement requests permitted to be submitted under this
Agreement, including the final reimbursement request, is limited to and shall not exceed the total
Grant Agreement Amount.
c. If the Subreclpient 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 Subreclpient may negotiate a rate with the
Department or charge a de minimis rate of 10% of modified total direct costs. The Subrecipient's
actual Indirect cost rate may vary from the approved rate, but must not exceed the ~pproved
negoti?)ted Indirect cost rate perceptage for the time period of tt:ie expe~d ltures. If a Subrecipient
chaoses to charge the 10% de minlmis rate, but did not charge Indirect costs to previous
subawa rds, 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 Subreciplent shall comply with 2 CFR 200.474 and should consult their
Internal policies, state rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing
or amended, and federal maximum rates set forth at http://www.gsa .gov , and follow the most
restrictive. If travel costs exceed set state or federal limits, travel costs shall not be reimbursed
without prior written approval by Department Key Personnel.
e. Receipts and/or backup documentation for any approved items that are authorized under this
Agreement must be maintained by the Subrecipient consistent with record retention requirements
of this Agreement, and be made available upon request by the Department, and federal, state, or
local auditors.
f. The Subre.cipient will submit reimbursement requests to the Department by submitting a properly
completed State A-19 Invoice Form arid Reimbursement Spreadsheet (In the formal provided by
~he Department) detailing the expenditures for which reimbursement Is sought. Reimbursement
requests must be submitted to Reimbursements@m ll .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 Timellne (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.
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 Subreciplent from being reimbursed until such
complete reports are submitted and the Department has had reasonable time to conduct its
DHS-FEMA-HSGP-SHSP-FFY17 Page 3 of 34 Kitiilas County, E20-168
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. Subreclplents shall only use federal award funds unqer this Agreement to supplement existing
funds, and wlll not use them to replace (supplant) non-federal funds that have been budgeted for
the same purpose. The Subteciplent may be required to demonstrate and docum~nt that ·the
reduction in non-federal resources occurred for reasons other than the receipt or expected receipt
of federal funds.
3. REPORTING
a. The Subreciplent 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
(FFA TA) and related 0MB Guldan~.e 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
Depart:ment the FFATA Form located at http:/lm il.wa .qov/emergency-management-
division/grants/reguiredqrantforms ; which ls 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. Up.on successful completion of the terrns of this Agreement, all equipment and supplies
purchased lhreugh this Agreement will be owned by the Subrecipient, or a recognized non-
fecleral entity to which the Subreclplent has made a subaward, for which a contract,
subrecipient grant agreement, or other means of legal transfer of ownership is in place.
Ii. All equipment, and supplies as applicable, purchased under this Agreement will be recorded
and maintained in the Subrecipient's inventory system.
iii. 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 the equipment at the date the information was reported,
and
I. disposition data including the date of disposal and sale price of the property.
iv. The Subreclpient 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 reoerds shall be investigated
by the Subreclpfent to determine the cause of the difference. The Subreclplent shall, In
connection with the inventory, verify the existence, current utilization, and continued need
for the equipment.
DHS-FEMA-HSGP-SHSP-FFY17 Page 4 of 34 Kittitas County, E20-168
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 an 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 Subreclpient 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 Subreciplent must comply with the
following procedures:
B. For Supplies: If there is a residual inventory of unused supplles 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 Subreclpient 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 http://\vww.fema .gov/autho rized-eguipment-Hst. The
AEL consists of 21 categories which are divided into sub-categories. It is Important the
Subrecipient and any non-federal entity to which the Subrecipient makes a subaward regard the
AEL as an authorized purchasing list identifying items allowed under the specific grant program,
and includes items that may not be categorized as equipment according to the federal, state,
local, and tribal definitions of equipment. The Subrecipient is solely responsible for ensuring
purchased items under this Agreement are authorized as allowed items by the AEL at time of
purchase.
If the item Is not identified on the AEL as allowable under HSGP, the Subrecipient must contact
the Department Key Personnel for assistance in seeking FEMA approval prior to acquisition.
d. Unless expressly provided otherwise, all equipment must meet all mandatory regulatory and/or
DHS/FEMA adopted standards to be eligible for purchase using federal award funds.
DHS-FEMA-HSG P-SHSP-FFY17 Page 5 of 34 Kittitas County, E20-168
e. For OPSG Subreciplents, equipment purchased with OHS federal award funds is to be marked
with •purchased with funds provided by the U.S. Department of Homeland Security· when
practicable.
f. Prior to procuring pharmaceuticals, Subrecipients must have in place an inventory management
plan to avoid large periodic variations in supplies due to coinciding purchase and expiration dates.
Subrecipients are encouraged to enter into rotational procurement agreements with vendors and
distributors. Purchases of pharmaceuticals must Include a budget for the disposal of expired drugs
within each fiscal year's period of performance for 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 information can be found at
https://www .fe ma .gov/office-environmental -olann inq-and -historic-preseN ation , all of which are
incorporated in and made a part of this Agreement.
a. Tne Subreciplent proposing projects that have the potential to Impact the environment, including,
but not limited to, construction of communfcation towers; modification or renovation of existing
buildings, structures and facilities; or new construction, including replacement of facllities, 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 determine whether the proposed project has the
potential to impact environmental resources and/or historic properties.
c. The Subrecipient agrees that to receive any federal preparedness funding, all EHP compliance
requirements outlined in applicable guidance must be met. The EHP review process must be
completed and approval received before any work, for which reimbursement will be later
requested, is started. Expenditures for projects started before the EHP review approval is
received will not be reimbursed.
6. PROCUREMENT
a. The Subrecipient shall comply with all procurement requirements of 2 CFR Part 200.318 through
200.326 and as specified in the General Terms and Conditions, Exhibit B, A.11.
b. For all sole source contracts expected to exceed $150,000, the Subrecipient must submit to the
Department for pre-procurement review and approval the procurement documents, such as
requests for proposals, invitations for bids and independent cost estimates. This requirement must
be passed on to any non-federal entity to which the Subrecipient makes a subaward, at which
point the Subrecipient will be responsible for reviewing and approving sole source justifications of
any non-federal entity to which the Subrecipient makes a subaward.
7. SUBRECIPIENT MONITORING
a. The Department will monitor the activities of the Subrecipient from award to closeout. The goal of
the Department's monitoring activities will be to ensure that agencies receiving federal pass-
through funds are in compliance with this Agreement, federal and state audit requirements,
federal grant guidance, and applicable federal and state financial regulations, as well as 2 CFR
Part 200 Subpart F.
b. To document compliance with 2 CFR Part 200 Subpart F requirements, the Subrecipient shall
complete and return to the Department the 2 CFR Part 200 Subpart F Audit Certification Form"
located at http://mil .wa .gov/emergencv-management-d lvision/grants/regufredgrantforms with the
DHS-FEMA-HSGP-SHSP -FFY17 Page6 of 34 Kittitas County, E20-168
s igned 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 Agree ment 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 docurnentation 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 Subreciplent 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 Subreciplent 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 Subreclplent must comply with the Title VI of the Civil Rights Act of 1964 (Title VI) prohibition
against discrimination on the basis of national origin, which requires that subrecipients of federal
financial assistance take reasonable steps to provide meaningful access to persons with limited
English proficiency (LEP) to their programs and services. Providing meaningful access for persons
with LEP may entail providing language assistance services, including oral interpretation and written
translation. Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency (August 11 , 2000}, requires federal agencies to issue guidance to recipients, assisting
such organizations and entities in understanding their language access obligations. DHS published
the required reclpieht gu idance In April 2011, DHS Guidance to Federal Financial Assistance
Recipients Regarding Title Vi Prohibition against National Origin Discrimination Affecting Limited
English Proficient Persons, 76 Fed. Reg. 21755-21768, (April 18, 2011). The Guidance provides
helpful information such as how a recipient can determine the extent of its obligation to provide
language services; selecting language services; and elements of an effective plan on language
assistance for LEP persons. For additional assistance and information regarding language access
obligations, please refer to the DHS Recipient Guidance at https://www.dhs.gov/guidance-published-
he lp-department-supported-orqan lzations -prov,ide-mean 1ngful-access-peopte-llmited and additional
resources on http://www.lep.gov.
9. NIMS COMPLIANCE
a. The National Incident Management System (NIMS) identifies concepts and principles that answer
how to manage emergencies from preparedness to recovery regardless of their cause, size,
location, or complexity. NIMS provides a consistent, nationwide approach and vocabulary for
multiple agencies or jurisdictions to work together to build, sustain, and deliver the core
capabilities needed to achieve a secure and resilient nation.
b. Consistent implementation of NIMS provides a solid foundation across jurisdictions and
disciplines to ensure effective and integrated preparedness, planning, and response. NIMS
empowers the components of the National Preparedness System, a requirement of Presidential
Policy Directive 8, to guide activities within the public and private sector and describes the
planning, organizational activities, equipping, training and exercising needed to build and sustain
the core capabilities In support of the National Preparedness Goal.
c. In order to receive FFY 2017 federal preparedness funding, to include HSGP, the Subreclpient
will ensure all NIMS objectives have been initiated and/or are in progress toward completion.
DHS-FEMA-HSGP-SHSP-ffY17 Page 7 of 34 Kittitas County, E20-168
NIMS Implementation Objectives are located at htt ps:/J www Jema .gov/med ia-
libra ry/a ssets/documetns/130743 .
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 5% percent 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 cests under this Agreement Is Jd'entified 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 Arnot.mt that may be used by the Subreclplent 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 terrorism 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 Subreclplent 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
hseep@fema .dhs.gov and emd .train1ng@m il.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. Subreciplents 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 hseep@fe ma .dl1s .gov and emd .tra ining@mil .wa .gov. Further
information regarding the use of HSEEP can be found at hltps://hseep.prepto ol kit.org /.
8. Subreciplents 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. DHS FFY17 HSGP TERMS AND CONDITIONS
DHS-FEMA-HSGP-SHSP-FFY17 Page: 8 of 34 Kittitas County, E20-168
As a subrecipient of 17HSGP program funding, the Subreciplent shall comply with all applicable OHS
terms and conditions of the 17HSGP Award Letter and its Incorporated documents for OHS Grant No.
EM\JV-2017-SS-001 O 1-S01, which are Incorporated In and made a part of this Agreement as Attachment
1.
DHS-FE~A-HSGP-SHSP-FFY17 Page9 of34 Killllas County, E20-168
Exhibit 8
Washington State Military Department
GENERAL TERMS AND CONDITIONS
Department of Homeland Security (OHS)/
Federal Emergency Management Agency (FEMA)
Grants
A.1 DEFINITIONS
As used throughout this Agreement, the terms will have the same meaning as defined in 2 CFR 200
Subpart A (which is incorporated herein by reference), except as otherwise set forth below:
a. ·Agreement" means this Grant Agreement.
b. ·oepartment" 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 subreciplent
under this Agreement.
c. ·subrecipientn 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 "subreciplent" 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 ·tundlng ls sought and provided under this this Agreement. Such grant
application is heteby incorporated lhto 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 Subrecfpient 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,
lnellgibility, and Voluntary Exclusion form located at http ;//mil.wa _gov/emergency-management-
div ision/grants/reguiredgranttorms . 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 or 34 Kittitas County, E20-168
Further, the Subrecipient agrees to comply with all applicable federal regulations concerning the f ederal
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 o r exceed $25,000, and subawards to subrecipients for any
a mount. With respeGt to covered transactions, th e Subrecipient may comp ly with this provision by
obtaining a certification statement from the potential contractor or subrecipient or by checking the System
for Award Management {bftp ~//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:1/secure.lni.wa.gov/debarandstrike/Cont ractorDebarlistaspx). The Subrecipient also agrees not
to enter into any agreements or contracts for the purchase of goods and services with any party on the
Department of Enterprise Services' Debarred Vendor List
(http://www.des.wa .gov/servtces/ContractinqPurchasing/Business/PaqesNendor-Deba r ment .aspx).
A.7 CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING
As required by 44 CFR Part 18, the Subre cipient hereby certifies that to the best of its knowledge and
belief: (1) no federally appropriated fund s have been paid or will be paid by or on behalf of the
Subrecipierit to any person for influencing or attempting to influence an officer or employee of en agency,
a Member of Congress, an officer or employee of Congress, or an employee of a Member af Congress
in connection with the aw~tding of any federal contract, the making c:>f any federa l grant, the making of
any federal loan, th e entering into of any coopera tive agreement, and the extension, continuation,
renewal , arnen drnent1 or modification ·of 'ilrtY federal contract, grant, loan, or cooperative agreement: (2}
that if any funds other th an federa l appropriated fun ds have been paid or will be paid to any person for
Influencing or attempti ng to influence an offi~r or e mployee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress In connection with this
Agreement, grant, loan, or cooperative agreement, the Subrecipient will complete and submit Standard
Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; (3} and that, as
applicable, the Subrecipient will require that the language of this certification be Included In the award
documents for all subawards at all tiers (including sub-contracts, sub-grants, and contracts under grants,
loans, and cooperative agreements) and that all subrecip ients shall certify and disclose accordingly , This
certification is a material representation offact upon which reliance was placed when this transaction was
made or entered into, and ls 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
resp onsibilities with respe ct 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 Subreciplent shall incorporate, or cause to Incorporate, in all such contracts or subawards, a
provision prohibiting such interest pursuant to this provision.
A.9 COMPLIANCE WITH APPLICABLE STATUTES, R ULES 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 : nond lscri mlnatlon laws and/o r policies, Energy Policy and Conservation Act (PL 94-163, as amended),
th e Ame rica ns with Disabllitie.s Act.(ADA), Age Discrimination Act of 1975, Title VI of the Civil Rights Act
of 1964, Civ il 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 or 34 Kittitas County, E20-168
State Building Code (RCW 19.27), Energy Related Building Standards (RCW 19.27A), Provisions in
Buildings for Aged and Handicapped Persons (RCW 70.92), and safety and health regulations.
In the event of noncompliance or refusal to comply with any applicable law, regulation, executive order,
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 C0NTRACTING & 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 reqwired by Append ix 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 contracr in 41 CFR Part
60:.1.3 must include the equal opportunity clause provlded under 41 CFR 60-1.4(b), in
accordance with Exec.utive Order 112461 "Equal Employment Opportunity" (30 FR 12319,
12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375,
"Amenalng Executive Order 11246 Relating to Equal Employment Opportunity,· and
Implementing regulations at 41 CFR part 60, "Office of Federal Contract Compnance
Programs, Equal Employment Opportunity, Department of Labor."
4) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program
legislc:1tion, 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°). lh accordance with the statute , contractors must be required to pay
wages to laborers and mechanics at a rate not less than the prevailing wages specffied 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 0 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 of34 Kittitas County, E20-168
40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every
mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of
the standard work week is permissible provided that the worker is compensated at a rate of
not less than one and a half times the basic rate of pay for all hours worked in excess of 40
hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction
work and provide that no laborer or mechanic must be required to work in surroundings or
under working conditions which are unsanitary, hazardous or dangerous. These
requirements do not apply to the purchases of supplies or materials or articles ord inarily
available on the open market, or contracts for transportation or transmi ssion 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
,1so,ooo must c.ontain a provisio n that requires the non-federal award to agree to comply
with all applicable standards, orders or regulations fssued pursuant to the Clean Air Act (42
U.S ,C. 7401-7671q) and the Fecleral Water Pollution Control Act as amended (33 U.S.C.
1251-1387). Violations must be repi:irted ·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.
1 O) 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
Conservatfon 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-HSG P-SHSP-FFY17 Page 13 or 34 Kittitas County, E20-168
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 SUBRECIPIENT NOT EMPLOYEE
The parties intend that an independent contractor relationship will be created by this Agreement. The
Subrecipient, and/or employees or agents performing under this Agreement are not employees or agents
of the Department in any manner whatsoever. The Subrecipient will not be presented as, nor claim to
be, an officer or employee of the Department by reason of this Agreement, nor will the Subrecipient make
any claim, demand, or application to or for any right or privilege applicable to an officer or employee of
the Department or of the State of Washington by reason of this Agreement, including, but not limited to,
Workmen's Compensation coverage, unemployment insurance benefits, social security benefits,
retirement membership or credit, or privilege or benefit which would accrue to a civil service employee
under Chapter 41.06 RCW.
It is understood that if the Subrecipient is another state department, state agency, state university, state
college, state community college, state board, or state commission, that the officers and employees are
employed by the state of Washington in their own right and not by reason of this Agreement.
A.30 TAXES. FEES AND LICENSES
Unless otherwise provided in this Agreement, the Subrecipient shall be responslble for, pay and maintain
in current status all taxes, unemployment contributions, fees, licenses, assessments, permit charges and
expenses of any other kind for the Subreciplent or its staff required by statute or regulation that are
applicable to Agreement performance.
A.31 TERMINATION FOR CONVENIENCE
Notwithstanding any provisions of this Agreement, the Subrecipient may terminate this Agreement by
providing written notice of such termination to the Department Key Personnel Identified In the Agreement,
specifying the effective date thereof, at least thirty (30) days prior to such date.
Except as otherwise provided in this Agreement, the Department, in its sole discretion and in the best
interests of the State of Washington, may terminate this Agreement in whole or in part by providing ten
(10) calendar days written notice, beginning on the second day after mailing to the Subrecipient. Upon
notice of termination for convenience, the Department reserves the right to suspend all or part of the
Agreement, withhold further payments, or prohibit the Subrecipient from incurring additional obligations
of funds. In the event of termination, the Subrecipient shall be liable for all damages as authorized by
law. The rights and remedies of the Department provided for in this section shall not be exclusive and
are in addition to any other rights and remedies provided by law.
A.32 TERMINATION OR SUSPENS ION FOR CAUSE
In the event the Department, in its sole discretion, determines the Subrecipient has failed to fulfill in a
timely and proper manner its obligations under this Agreement, is in an unsound financial condition so
as to endanger performance hereunder, is in violation of any laws or regulations that render the
Subrecipient unable to perform any aspect of the Agreement, or has violated any of the covenants,
agreements or stipulations of this Agreement, the Department has the right to Immediately suspend or
terminate this Agreement in whole or in part.
The Department may notify the Subrecipient in writing of the need to take corrective action and provide
a period of time in which to cure. The Department is not required to allow the Subrecipient an opportunity
to cure if it is not feasible as determined solely within the Department's discretion. Any time allowed for
cure shall not diminish or eliminate the Subrecipient's liability for damages or otherwise affect any other
remedies available to the Department. If the Department allows the Subrecipient an opportunity to cure,
the Department shall notify the Subrecipient in writing of the need to take corrective action. If the
DHS-FEMA-HSGP-SHSP-FFY17 Page 18 of 34 Kittitas County, E20-168
13) Acc.ess 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 Subreciplent 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 Sub recipient,
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-HSGP-SHSP-FFY17 Page 14 of 34 Kittitas County, E:20-168
44 CFR 206.9 Non-liability. The Federal government shall not be liable for any claim based upon the
exercise or performance of, or the failure to exercise or perform a discretionary function or duty on the
part of a federal agency or an employee of the Federal government in carrying out the provisions of the
Stafford Act.
A.14 LIMITATION OF AUTHORITY -AUTHORIZED SIGNATURE
The signatories to this Agreement represent that they have the authority to bind their respective
organizations to this Agreement. Only the Department's Authorized Signature representative and the
Authorized Signature representative of the Subrecipient or Alternate for the Subreclpient, formally
designated in writing, shall have the express, implied, or apparent authority to alter, amend, modify, or
waive any clause or condition of this Agreement. Any alteration, amendment, modification, or waiver of
any clause or condition of this Agreement is not effective or binding unless made in writing and signed
by both parties' Authorized Signature representatives.
Further, only the Authorized Signature representative or Alternate for the Subrecipient shall have
signature authority to sign reimbursement requests, time extension requests, amendment and
modification requests, requests for changes to projects or work plans, and other requests, certifications
and documents authorized by or required under this Agreement.
A.15 LOSS OR REDUCTION OF FUNDING
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
after the effective date of this Agreement and prior to normal completion or end date, the Department
may unilaterally reduce the scope of work and budget or unilaterally terminate all or part of the Agreement
as a "Termination for Cause" without providing the Subrecipient an opportunity to cure. Alternatively, the
parties may renegotiate the terms of this Agreement under '1Amendments arid Modifications" to comply
with new funding limitations and conditions, althou_gh the Department has no obligation to do so.
A.16 NONASSIGNABILITY
Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by
the Subreciplent.
A.17 NONDISCRIMINATION
The Subrecipient shall comply with all applicable federal and state non-discrimination laws, regulations,
and policies. No person shall, on the grounds of age, race, creed, color, sex, sexual orientation, religion,
national origin, marital status, honorably discharged veteran or military status, or disability (physical,
mental, or sensory) be denied the benefits of, or otherwise be subjected to discrimination under any
project, program, or activity, funded, in whole or in part, under this Agreement.
A.18 NOTICES
The Subrecipient shall comply with all public notices or notices to individuals required by applicable local,
state and federal laws and regulations and shall maintain a record of this compliance.
A.19 OCCUPATIONAL SAFETY/HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/ HEALTH ACT
{OSHAMJISHA)
The Subrecipient represents and warrants that its work place does now or will meet all applicable federal
and state safety and health regulations that are in effect during the Subrecipient's performance under this
Agreement. To the extent allowed by law, the Subrecipient further agrees to indemnify and hold harmless
the Department and its employees and agents from all liability, damages and costs of any nature,
including, but not limited to, costs of suits and attorneys' fees assessed against the Department, as a
result of the failure of the Subrecipient to so comply.
A.20 OWNERSHIP OF PROJECT/CAPITAL FACILITIES
The Department makes no claim to any capital facilities or real property improved or constructed with
funds under this Agreement, and by this subaward of funds does not and will not acquire any ownership
interest or title to such property of the Subrecipient. The Subrecipient shall assume all liabilities and
responsibilities arising from the ownership and operation of the project and agrees to Indemnify and hold
the Department, the state of Washington and the United States government harmless from any and all
causes of action arising from the ownership and operation of the project.
DHS-FEMA-HSGP-SHSP-FFY 17 Page 15 of 34 Kittitas County, E20-168
A.21 POLITICAL ACTIVITY
No portion of the funds provided herein shall be used for any partisan political activity or to further the
election or defeat of any candidate for public office or influence the approval or defeat of any ballot issue.
A.22 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION
The assistance provided under this Agreement shall not be used In payment of any bonus or commission
for the purpose of obtaining approval of the application for such assistance or any other approval or
concurrence under this Agreement provided, however, that reasonable fees or bona fide technical
consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if
otherwise eligible as project costs.
A.23 PUBLICITY
The Subrecipient agrees to submit to the Department prior to issuance all advertising and publicity
matters relating to this Agreement wherein the Department's name is mentioned or language used from
which the connection of the Department's name may, in the Department's judgment, be inferred or
implied. The Subrecipient agrees not to publish or use such advertising and publicity matters without the
prior written consent of the Department. The Subrecipient may copyright original work it develops In the
course of or under this Agreement; however, pursuant to 2 CFR Part 200.315, FEMA reserves a royalty-
free, nonexclusive, and Irrevocable license to reproduce, publish or otherwise use, and to authorize
others to use the work for government purposes.
Publication resulting from work performed under this Agreement shall include an acknowledgement of
FEMA's financial support, by CFDA number, and a statement that the publication does not constitute an
endorsement by FEMA or reflect FEMA's views.
A.24 RECAPTURE PROVISION
In the event the Subrecipient fails to expend funds under this Agreement in accordance with applicable
federal, state, and local laws, regulations, and/or the provisions of the Agreement, the Department
reserves the right to recapture funds in an amount equivalent to the extent of noncompliance. Such right
of recapture shall exist for the life of the project following Agreement termination. Repayment by the
Subreciplent 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 Subreclpient'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 Sub recipient 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 34 Kittitas County, E20-168
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 Subreciplent shall defend, at its own cost, any and all claims or suits at law or in equity, which may
be brovght 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 RE-QUlREMENTS Qncludlng all AMENDMENTS)
Non-federal entities, as subrecipients of a federal award, that expend $750,000 or more In one fiscal year
of federal funds from all seurces, 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 tha t
carries out a federal award as a recipient or subrecipient.
Subrecipients that are required to have an audit must ensure the audit is performed in accordance with
Generally Accepted Government Auditing Standards (GAGAS) as found In the Government Auditing
Standards (tt,e Revised Yellow Book) developed by the United States Comptroller General and the 0MB
Compliance ·supplement. The Subreclplent has the responsibility of notifying its auditor and requesting
an audit in compliance with 2 CFR Part 200 Subpart F, to Include the Washington State Auditor's Office,
a federal aud itor, or a public accountant performing work using GAGAS, as appropriate. Costs of the
audit may be an allowable grant expenditure as authorized by 2 CFR Part 200.425.
The Subrecipient shall maintain auditable records and accounts so as to facilitate the audit requirement
and shall ensure that any sub-contractors also maintain auditable records. The Subrecipient is
responsible for any audit exceptions incurred by its own organization or that of its sub-
contractors. Responses to any unresolved management findings and disallowed or questioned costs
shall be included with the audit report. The Subrecipient must respond to Department requests for
information or corrective action concerning audit issues or findings within 30 days of the date of
request. The Department reserves the right to recover from the Subrecipient ail disallowed costs
resulting from the audit.
After the single audit has been completed, and if it includes any audit findings, the Subreciplent 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 Mllltary 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"
(htlps://www .mll .wa .gov/emergency-management-division/grants/requiredgrantforms) to the Department
at the address listed above identifying this Agreement and explaining the criteria for exemption no later
than nine (9) months after the end of the Subrecipient's fiscal year(s).
DHS-FEMA-HSGP-SHSP-FFY17 Page 17 of 34 Killilas County, E20-168
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 damage_s 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-te rmination is for convenience, the Department shall pay to the Subreclp ient as an agreed upon
price, if separately stated, for properly authorized and comp leted work and services rendered or goods
delivered to and aGcepted 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 t o the Subreclpient 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 ca$8 the Department has the right, at its discretion, to settle or pay any
or all claims arising out Qf 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 Qepartment to the extent the Department may
require, which approval or ratification sl)all be final for all the purpose_s 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-FFY 17 Page 19 of 34 Kittitas County, E20-168
f. Complete performance of such part of the work as shall not have been tem1inated by the
Department in compliance with all contractual requirements; and
g. Take such action as may be necessary, or as the Department may require, for the protection and
preservation of the property related to this Agreement which is in the possession of the
Subrecipient and in which the Department has or may acquire an interest
A.34 UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES {MWBE)
The Subrecipient is encouraged to utilize business firms that are certified as minority-owned and/or
women-owned in carrying out the purposes of this Agreement. The Subrecipient may set utilization
standards, based upon local conditions or may utilize the state of Washington MWBE goals, as identified
in WAC 326--30-041.
A.35 VENUE
This Agreement shall be construed and enforced in accordance with, and the validity and performance
shall be governed by, the laws of the state of Washington. Venue of any suit between the parties arising
out of this Agreement shall be the Superior Court of Thurston County, Washington. The Subrecipient,
by execution of this Agreement acknowledges the jurisdiction of the courts of the State of Washington.
A.36 WAIVERS
No conditions or provisions of this Agreement can be waived unless approved In advance by the
Department In writing. The Department's failure to insist upon strict performance of any provision of the
Agreement or to exercise any right based upon a breach thereof, or the acceptance of any performance
during such breach, shall not constitute a waiver of any right under this Agreement.
DHS-FEMA-HSGP-SHSP-FFY17 Page 20 of 34 Kittitas County, E20-168
Awu,lLeUer
FFY17 HSGP Award Documents
EMW-2017-SS-00101-501
ATTACHMENT 1
U.S. Department of Homeland Security
Washington, D.C. 20472
8181 Daugherty
Washington Military Department
Building20
Camp Murray, WA9843l-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 or non-Federal funds.
Before you request and receive any of the Federal funds awarded to you, you must establish acceptance of the award. By
accepting thi s awar d, you acknowledge that the terms of the following documents a~ incorporated Into the terms of your
award:
• Agreement Articles (attached to th is Awa rd Letter)
• Obligating Document (attached to this Award Letter)
• FY 2017 Homeland Security Grant Program Notice of Funding Opportunity.
Please make sure you read, understand, and maintain a copy of these documents in your official file for this award.
In order to establish acceptance of the award and its terms, please foUowthese instructions:
Step 1: Please log in to the ND Grants system at https://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 Hnkwil navigate you to Award Packages
that are pending review.
Step 3: Click the Review Award Package icon (wrench) to review the Award Package and accept or decline the award. Please
save or print the Award Package for your records.
System for Award Management (SAM): Grant recipients are to keep all of their information up to date in SAM, in particular,
your organization's name, address, DUNS number, EIN and banking information. Please ensure thatthe DUNS number used
in SAM is the same one used to apply for all FEMA awards. Future payments will be contingent on the information provided
in the SAM; therefore, ii is imperative that the information is correct The System for Award Management is located at .bJ.la..ll.
'ffl'tW . sam gov_.
If you have any questions or have updated your information in SAM, pleas~ let your Grants Management Specialist (GMS)
know as soon as possible. This will help use to make the necessary upd.ate~ and avoid any interruptions in the payment
process.
"'1 I
/ t,/1t'4-"!-/.1:'J ;1/, ua~
THOMAS GEORGE DINAN NO GPO Assistant Administrator
DHS-FEMA-HSG P-SHSP-FFY17 Page 21 of 34 Kittitas County, E20-168
Agnaaut Arf.lch
Fri Sep 01 00 :00!10 GMT 2017
GRANTEE:
PROGRAM:
AGREEMENT NUMBER:
Article I
Article II
Article Ill
Article IV
ArticleV
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 ARTIUES
Homeland Security Grant Program
Washington Military Department
Homeland Security Grant Program
EMW-2017-SS-00101-9)1
TABLE OF CONTENTS
Page 22 of 34
Summary Description of Award
Assurances ,Ad min istrative Requirements, Cost Principles,
and Audit R~.qu1rem ents
OHS Specific Acknowledgements and Assurances
Acknowledgment ofFederal Funding from OHS
Acceptance of Post Award Changes
Disposition of Equipment Acquired Under the Federal Award
Prior Approval for Modification of Approved Bud get
Procurement of Recovered Materia Is
\Nhistleblower Protection Act
Use ofDHS Seal, logo and Flags
USA Patriot Act of2001
Universal Identifier and System of Award Management
(S.AM)
Reporting of Matters Related to Recipient lntegrly and
Performance
Kittitas County, E20-168
Article XIV
Article XN
ArticleXNI
ArticleXNII
Article XNIII
Article XIX
ArtlcleXX
Article XXl
Article XXII
Article XXIII
Article XXIV
Article XXV
Article XXVI
Article XXVII
Article XXVIII
Article XXIX
Article XXX
Article XXXI
Article XXXII
Article XXXI II
Article XXXIV
Article XXXV
Article XXXVI
DHS-FEMA-HSGP-SHSP-FFY17 Page 23 of 34
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 COiiection and Use of Personally
Identifiable Information (PIO
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 Polley Act
Lobl,ying Prohibitions
Limited English Proficiency (Civil Rights Act of 1964, Title VI)
Hotel and Motel Fire Safely Act of 1990
Fly America Act. of 1974
Federal Leadership on Reducing Text Messaging while
Driving
Federal Debt Status
l<ittitas County, E20-168
Article XXXVII
Article XXXVIII
Article XXXIX
Article XL
ArticleXLI
ArtlcleXLII
Article XLIII
Article XLIV
ArticleXLV
Article I -Summary Description of Award
False Claims Act and Program Fraud Civil Remedies
Energy Policy and Conservation />d.
Education Amendments of 1972 (Equal Opporb.rity in
Education Act) -Tille IX
Duplication of Benefits
Drug-Free Workplace Regulations
Civll Rights Act of 1968
Operation stonegarden Program Hold
Fusion Center Investment Hold -SHSP
Fusion Center Investment Hold -UASI
The purpose of the FY 2017 HSGP is to support state and local efforts to prevent terrorism and other catastrophic events
and to prepare the Nation for the threats and hazards that pose the greatest risk to the security of the United states.
The HSGP provides funding to implement Investments that build, sustain, and deliver the 32 core capabilities essential to
achieving the National Preparedness Goal of a secure and resilient Nation. Among the five basic homeland security missions
noted In the 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
govemment, organization, or community, but rather, require the combined effort of the whole community. This HSGP award
consists of State Homeland Security Program (SHSP) funding in the amount of $6,476,000, Urban Area Security Initiative
(UASI) funding In the amount of $5,180,000, and Operation Stonegarden (OPSG) funding In the amount of $1,548,851. Toe
following counties shall receive Operation Stonegarden subawards for the following amounts: Clallal?\ $300,000; Colville
Tribe, $65,000; Ferry, $100,000; Island, $140,000; Jefferson, $74,000; Okanogan, $136,680; Pend Oreille, $75,000; San
Juan, $130,000; Skagi~ $50,218; Stevens, $80,000; Swlnomlsh 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 ~~9.8.§sura nc es ~ori-Co nsJruc lio n
F r0grams or 0 MB Standard Form 424D Assu ran ces -Const ructio n Pro g ms as apohcab!e. Certain assurances in these
documents may not be applicable to your program, and the OHS financial assistance office may require applicants to certify
additional assurances. Applicants are required to fill out the assurances applicable to their program as Instructed by the
awarding agency. Please contact the financial assistance office if you have any questions.
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.ER Part.2 00 , and adopted by
OHS at 2 C.F.R Part 3002.
Article Ill -OHS Specific Acknowledgements and Assurances
All recipients, subreclplents, successors, transferees, and assignees must acknowledge and agree to comply with applicable
provisions governing OHS access to records, accounts, documents, informaUon, facilities, and staff.
1. Recipients must cooperate with any compliance reviews or compliance investigations conducted by OHS.
2. Recipients must give OHS access to, and the right to examine and copy, records, accounts, and other documents and
sources of Information related to the federal financial assistance award and permit access to facilities, personnel, and other
DHS-FEMA-HSG P-SHSP-FFY17 Page 24 of 34 Kitlilas County, E20-168
Individuals and irtormation as may be necessary, as required by OHS regulations and other applicable laws or program
guidance.
3. Recipients must sumiit tlmely, complete, and accurate reports to the appropriate OHS officials and maintain appropriate
backup documentatio n to support the reports.
4. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law
or detailed in program gUidanoe.
5. 1r, during the past three years, recipients have been accused of discrimination on the grounds of race, color, national origin
(includlng limited Engl ish proficiency (LEP)), sex, age, disability, religion, or familial status, recipients must provide a list of all
such proceedings. pen<ing or completed, including outcome and copies of settlement agreements to the OHS FAQ and the
DHS Office ol Civil Rights and Civ!I Llbertfe-s (CRGL) by e-m~II at ctcl@hq .-dhs.gol/ or t,y, mail at U.S. Department of Homeland
Security Office fer Civil Rights and Civil Liberties Building 410, Mail Stop #0190 Washington, O.C. 20528.
6. In the event oourts or administrative agencies make a finding or discrimination on grounds of race, color, national origin
(Including l.EP), sex, age, disability, religion, or familial status against the recipien~ or recipients settle a case or matter
alleging such discrimination, recipients must forward a copy of the complaint and findings to the 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.
Artlcfe IV -Acknowledgment of Federal Funding from OHS
All recipients must acknowledge their use of federal funding when Issuing statements. press releases, requests for proposals,
bid Invitations, and other documents describing projects or programs funded in whole or In part with federal funds.
Artlcle V -Acceptance of Post Award Changes
In the event FEMA determines that changes are necessary to the award document after an award has been made, Including
changes to period of performance or terms and conditions, recipients will be notified of the changes In writing. Once
notification has been made, any subsequent request for funds will indicate recipient acceptance of the changes to the award.
Please call the FEMA/GMD Call Center at (866) 927-5646 or via e-mail to ASK-GMD@dhs,goy if you have any questions.
Article VI -Disposition of Equipment Acquired Under the Federal AIMtrd
When original or replacement equipment acquired under this award by the recipient or its sub-recipients Is no longer needed
for the original project or program or for other activities currently or previously supported by DHS/FEMA, you must request
Instructions from DHS/FEMA to make proper disposition of the equipment pursuant to 2 C.F.R. Section 200.313.
Article VII -Prior Approval for Modification of Approved Budget
Before making any change to the DHS/FEMA approved budget for this award, you must request prior written approval from
DHS/FEMA where required by 2 C.F.R. Section 200.308. For awards with an approved budget greater than $150,000, you
may not transfer funds among direct cost categories, programs, functions, or activities without prior written approval from
DHS/FEMA where the cumulative amount of such transfers exceeds or Is expected to exceed ten percent (10%) of the total
budget DHS/FEMA last approved. You must report any deviations from your DHS/FEMA approved budget In the first Federal
Financial Report (SF-425) you submit following any budget deviation, regardless of whether the budget deviation requires
prior written approval.
Article VIII -Procurement of Recovered Materials
All recipients must comply with Section 6002 of the So!ld v'laste Disposal Act , as amended by the Reso urce Con~rvatlon and
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 or competition.
Article IX -Whlstleblovver Protection Act
All recipients must comply with the statutory requirements for whistleblower protections (if applicable) at 10 u s.c.
Seclion 2409, U.S. c _ Seclfon 471.2, 1 o· u,s,c. SecHon 2324, 41 U.S ,c Sectrons 4304 and 4.110 .
Article X -Use of OHS Seal, Logo and Flags
DHS-F EMA-HSGP-SHSP-FFY17 Page 25 of 34 Kittilas Counly, E20-168
AR recipients must obtain permission from their OHS FAO, prior to using the OHS seal(s), logos, crests or reproductions of
flags or likenesses of OHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions
of flags or likenesses of Coast Guard officials.
Article XJ -USA Patriot Act of 2001
AH recipients must comply with requirements of the V ~U'.ellqlhenjog Amenca ty Provldioo A~late Tools
Reo.u red to lntercepl and Obstr uct Ten::orlsm Act £USA PATRIOT Acl). which amends 18 tJ ,S.C. sectrons 115-175c.
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 Awcird Man_a111ernentand Univer-s_al l®ntitlerRequlrements ~tedat2...Q.ER. B\1126.~~I A.
the full text of which Is incorporated here by reference in the terms and oondltiona
Article XIII -Reporting of Matters Related to Recipient lntegrtty and Performance
If the total value of the recipient's currently active grants, cooperative agreements, and procurement contracts from all federal
assistance offices exceeds $10,000,000 for any period of time during the period of performance of this federal financial
assistance award, you must comply with the requirements set forth In the government-wide Award Term and Condition for
Recipient Integrity and Performance Matters located at 2 C. F,R. Part 20Q ApoencfQ< XII' the full text of which Is Incorporated
here ~ reference in the award terms and conditions.
Artlcle XIV-Rehabilitation Act of 1973
All recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973. 29 U.S.C. se.c.JiQU.N~, as
amended, which provides that no otherwise qualified handicapped incflViduals 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) or the
Trafficking Victims Protection Act of 2000, (TVPA) as amended by 22 U S.C. section 7104. The award term Is located at 2
C,F ,R section 17 5 15. the fu ll textor which Is tncotporated here by reference -In the award terms and co nditions.
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 legally 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 CFR, Part 170, Append ix 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 12689, and 2 C. F.R. Part 180. These regulations restrict federal financial assistance awards, subawards,
and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation In
federal assistance programs or activities.
Article XX -Copyright
DHS-FEMA-HSGP-SHSP·FFY17 Page 26 of 34 Kittitas County. E20-168
All recipients must affix the applicable copyright notices of 17 IJ,S,C. seelions 4QJ 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 -ClvH Rights Act of 1964 -Title VI
All recipients mustco"l)lywith the requirements of Title VI of the Civil Rights Actof1964 (42 lJ.SC .section 2000d et seq ),
which provides that no person in the United States will, on the grounds of race, color, or national origin, be exclwed from
participation In. be denied the benefits of, or be subjected to discrimination under any program or actMly receMng federal
financ ial a-s:sistance. OHS lrnplementing regU!atlons ror the Act are found at 6 C,F.R Part 21 and 44 C.ER eaa z
Article XXII • Best Practices for CoDection and Use of Personally Identifiable Information (PII)
OHS defines personally Identifiable information (PII) as any Information that permits the Identity of an lndvidual to be directly
or indirectly Inferred, including any information that Is linked or linkable to that lndMdual. 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 OHS Privacy Impact Assessments: (v~y &,~ and tlaC\/ template as useful
resources respectively.
Article XXIII -Americans with Disabilities Act of 1990
All recipients must cofll)ly with the requirements of Titles I, II, and Ill 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 pubfic accommodation, and certain testing entities. (42 u,s.c secttoos 12101-1221J).
Article XXIV • Age Discrimination Act of 1976
All recipients must comply with the requirements of the Age Discrimination Act of 1975 (T)t!e 42 US, Code seqUon 6101 et
~). 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 Bayh •Oote Act. Pub, L No 96::517, 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 ~0'1 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 rederal financial assistance awards made under programs that prohibit supplanting by law must
ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non-federal
sources.
Article XXIX -Nondiscrimination in Matters Pertaining to Faith-Based Organizations
It Is OHS policy to ensure the equal treatment of faith-based organizations In soclal service programs administered or
supported by OHS 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 or faith-based organizations In
Individual DHS programs.
Article XXX. Natlonal Environmental Polley Act
OHS-FEMA-HSGP-SHSP-FFY 17 Page 27 of 34 Kittitas County, E20-168
All recipients must comply with lhe requlremerts or the Nat1or.a1 Errylronmenlal PoJ[cy Aot (NEPA) and the Coll'lCll on
Environmental au ahty (CEO) Regulations for lmplementfng the Procedural Previsions of NEPA, which requires recipe,ts to
use all practicable ~mi within thelr authority, and conslsl'enf with other essenti al considerations of national poficy, to create
and maintain conditions under which people and nature can exist in productive harmony and fulHII the social, economlc. and
other needs or present and future generations of Americans.
Article XXXI • Lobbying Prohibitions
All recipients must comply with 31 U,S,C, wchon 1352 . which provides that none of the funds provided under an federal
financial assistance award may be expended ~ the recipient to pay any person to Influence, or attempt to inllueoce an officer
or employee or any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Meoiler of
Congress In connection with any federal action concerning the award or renewal.
Article XXXII -Limited English Proficiency (Clvn Rights Act of 1964, Title VI)
All recipients must comply with the Title VI of the Civil Rights Act of 1964 (Title VI) prohibition against discrimlnallon 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 addtional assistance
and Information regarding language access obligations, please refer to the OHS Recipient Guidance hll~:M.Yww dhs,goy/
gu dapce-pobllshe d-h elp-depart menl -supoorted-organlzations -prov1de-mearungf uf-access-peoo!e -Umlted and additiona l
resources on hUp:J/www .leriaov .
Article XXXIII • Hotel and Motel Fire Safety Act of 1990
In acoordance with Section 6 orthe Hotel and Motel Fire Safety Act of 1990, , 5 LJ.S ,C section 2225a , all recipients must
ensure that-aJI conference , meeting, convent ion, or training space funded in whole or in part with federal furxfs oon"4)11es
with the fire prevention and control guldallnesofthe Federal Fire Prevention and Control Act of 1974, as amended , 15
u s c sectjon 222s.
Artlcle XXXIV -Fly America Act of 1974
All recipients must comply with Preference for U.S. Flag Air Carriers (air carriers holding certificates under C. section
~ ,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 197 4 (49 U,S,O secl)on 40118 ) and the
interpretative guldellnes Issued by the Comptroller General of the United states in the March 31, 1961 sirn~ to
Comptroller General Decision B-138942.
Artlcle XXXV. Federal Leadership on Reducing Text Messaging while Driving
All recipients are encouraged to adopt and enforce pollcles that ban text messaging while driving as described in .f...Q...
~. Including conducting initiatives described In Section 3(a) of the Order when on official government business or when
performing any work for or on behalf of the federal government.
Article XXXVI -Federal Debt Status
All recipients are required to be non-delinquent In their repayment of any federal debt. Examples of relevant debt include
delinquent payroll and other taxes, audit disallowances, and benefit overpayments. (See 0MB Cjrculat A-129,)
Article XXXVII • False Claims Act and Program Fraud Civil Remedies
All recipients must comply with the requirements of 31 USC section 3729 -3733 which prohibits the submission of false or
fraudulent claims for payment to the federal government. (See 31 U. S .C . sec! on 3801 -3812 which details the administrative
remedies for false claims and statements made.)
Article XXXVIII • Energy Polley and Conservation Act
All reo l plents must comply with the requirements of 42 US.C sectlon 6201 which contain policies relating to energy efficiency
that are defined In the state energy CQn·seMtlon plan Issued In compliance with this Act.
Article XXXIX. Education Amendments of 1972 (Equal Opportunity In Education Act)• 11tle IX
Alf recipients must comply with the requirements of Tille IX of the Education Amendments of 1972 (2QJ,).S C secnon 1681
~. which provlde that no person In the United States will, on the basis of sex, be excluded from participation In, be
DHS-FEMA-HSGP-SI lSP-FrY17 Page 28 of 34 Kittitas County, E20-168
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 Pa rt 17 and 44 C,F.R, Par1 19
Article XL -DupUcation of Benefits
Arr/ cost allocable to a particular federal financial assistance award provided for In 2 CF R part 200 Subpa rt E may not
be charged to other federal financial assistance awardi; to overcome fund defrcleocles, to avoid restrictions Tmposed by
federal statutes, reguatlons, or federa l financial asslstanoe award terms and oofldllions, or for other reasons. However, these
prohibitions woud not precl!Jde recipients from shTftlng costs that are allowable under two or more awards Jn accordance wilh
existing federal statutes, regulations, or the federal financlal assistance award terms and conditions.
Artlcle XLI -Drug-Free Workplace Regulations
All recipients must co"l')ly" with tl1e Drug-Free Workplace Act of 1988 (41 U.S.C. section 8101 et seq.), whlah requires all
organizattons receMng 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 lndMdual} of 2 CFR part 3001,
which adopts the Govemment-wfde Implementation (2 CFR part 182) or sec. 5152-5158 cl the Dn,Jg.Free Wor1<place Act of
1988 (Pub. L 100-690, Title V, Subtitle D; 41 U.S.C. 8101-8107).
Article XLII -Clvll Rights Act of 1868
All recipients must comply with Title VIII or !he Qlvll Rfghts Act of 1 ®8, which prohibits recipients rrom discrtmlnatlng in the
sale, rental, financing, and advertising or dwellings, or In the provision of services In connection lherewrth, oh the basis of
race, color, national origin, religion, dlsabllity, fanilllal status, and sex l4 2 U,S,C, section 3601 el seg,). as Implemented 1,/ the
Department of Housl~ and Urb.an Oevetopment at 24 C.F R, Part jOO . The prOhlbltion on disability discl'lmlnaUon Includes the
requirement that new multifamliy housing with four or mQre ct-Nelling units-i.e., the public and common use areas and Individual
apartment units (all unJts In buHdings wllfl elevators and ground-floor units In bulldings without elevators)-be designed and
const/1.lcted with ce$in accessible features . (See 2o11 C,f,R, seot/on 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 !his award until eacfl unlqu_e., specific or modlned county level, tribal or equivalent Operations Order and
or Fragmenta,y Order (Frago) has been reviewed by ~EMA/GPO and Customs and Border Protection/United States Border
Patrol (CBP/USBP). The recipient will receive the official notification of approval from FEMAIGPD.
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 or Its State and/or Major Ur~n 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 OHS/FEMA GPO
Headquarters Program Analyst to receive a copy of the Addendum, and to receive further guidance on the steps required to
release this hold.
Article XLV -Fusion Center Investment Hold -UASI
A program hold Is placed on UASI Investment #1 and the recipient Is prohibited from obligating. expending, or drawing
down UASI funds in the amount of $929,587 In support of its State and/or Major Urban Area Fusion Center. In order to
release this hold, the recipient Is required to submit the Fusion Center Addendum, which captures requirements for all Fusion
Center Investments, per page 42 of the FY 2017 HSGP Notice of Funding Opportunity. Please contact your OHS/FEM A GPO
Headquarters Program Analyst to receive a copy of the Addendum, and to receive further guidance on the steps required to
release this hOld.
BUDGET COST CATEGORIES
Personnel $0.00
DHS-FEMA-HSGP-SHSP-FFY17 Page 29 of 34 Kittitas County, E20-168
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
DHS-F EMA-HSGP-SHSP-FFY17 Page 30 of 34 Kittitas County, E20-168
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OHS-FEMA-HSGP-SHSP-FFY17 Page 33 of 34 Kittitas County, E20-168
Homeland Security Region 7-Kittitas County ·--...,,._.. __ .,,..... _____ ..,, ----·-""!:!!!-------
Date
September 1, 2017
October 31, 2019
February 29, 2020
NLT April 15, 2020
Task
Grant Agreement Start Date
Estimated date work will begin
Grant Agreement End Date. All work ceases.
Submit Final Refmbursement Request and Ooseout Report.
• Reports are due before final invok:e will be reimbursed.
HSGP Grant Performance Period: September 1, 2017 -August 31, 2020
DHS-FEMA-HSGP-SHSP-FFY17 Page 34 of 34 l<ittitas Counly, E20-1G8
SIGNATURE AUTHORIZAT ION 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 {Sherirfs Office)
PROJECT DESCRIPTION CONTRACT NUMBER I
SHSP FFY-17
E20-168
1. AUTHORIZING AUTHORITY
SIGNATURE PRINT OR TYPE NAME TITLE/TERM OF OFFICE
~/-.
Clayton Myers Sheriff/2020
~'1 --.,,,,
.
2. AUTHORIZED TO SIGN CONTRACTS/CONTRACT AMENDMENTS
SIGNATURE PRINT OR TYPE NAME TITLE
.
e~~/ Clayton Myers Sheriff
3. AUTHORIZED TO SIGN REQUESTS FOR REIMBURSEMENT
SIG~RE PRINT OR TYPE NAME TITLE
(J_ )~ VJ_ .. -Darren Higashiyama Commander
---.....
1
J.JJ/~-Sharrie McPherson Fiscal Analyst
\INAC-1\VOL 1\HOMBKARENBI .... \WP\SIGNAUTH Revised 3/03
FFATAFORM
Subreclplent Agency; Kittitas County
Grant and Year: 2019 Agreement Number: E20-168
Completed Darren Higashiyama Commander (509) 933-8206 by:
Name Tills Telephone
Date Completed: 11/08/19
tSTEP 1
,_
~"' ,. ---YES STOP, no further NO
Is your grant agreement less than $25,000? D analysis needed, [{] GOtoStep2
GO to Step 6
STEP2 --
In your preceding fiscal year, did your YES NO STOP, no further
organization receive 80% or more of Its annual D GO toSTEP3 [{] analysis needed, GO to
gross revenues from federal funding? Step 6
----STSP '~ ,, ---..... ~ --~
In your preceding fiscal year, did your YES NO STOP, no further
organization receive $25,000.000 or more In D GOtoSTEP4 D ar:ialysls needed, GO to
federal f unalng? Step6 -STEP4 -
Does the public have access to Information about YES STOP, no further NO
the total compensation• of senior executiVes In D ana lysis needed, D GOtoSTEP5
your organization? GO to step 6
-,->STEP'S -L_ -~
Executive #1 Name:
Total Compensation amount: $
Executive #2 Name:
Total Compensation amount: $
Executive #3 Name:
Total Compensation amount: $
Executive #4 Name:
Total Compensation amount: $
Executive #5 Name:
Total Comperisation amount $
STER 6~
If your organization does not meet these criteria, speclflcally Identify below !!!:h criteria that is not met for your
organization: For !;isamgle ; "Our organization received leri~ !han 125,000!"
Kittitas County did not receive 80% or more annual gross revenues from federal funding
Signature: _____________________ _ Date: 11/08/19
* Total compensation refers to:
• Salary and bonuses
• Awards of stock, stock options, and stock appreciation rights
• Other compensation Including, but not limited to, severance and termination payments
• Life Insurance value paid on behalf of the employee
Addltlonal Resources:
http://www .whltehouse .gov/omb/open
http://www .hrsa .gov/grants/ffata . hfml
http :Jtwww.gpo.9ov/fdsys/pkg/FR·2010-09-14/pdf/2010-22705 .pd f
hllp ://www .grants.gov/
Page 1 of 3
---
--
~
'
Washington Military Department Contract Number: E2 0·168
Debarment, Suspension, Ineligibility or Voluntary Exclusion Certification Form
NAME Doing business as (OBA)
County of Kittitas Kittitas County
ADDOO,SS Appllcable Procurement WA Uniform Business Federal Employer Tax
205 . 5th Ave Ste. 105 or Solicitation#, If any: lden tifi8f' (UBI) Identification #:
Ellensburg, WA 98926 192002673 91-6001349
This cartlflca,tlon Is submltlod as oart of a reques t to contract.
Instructions For Certification Regard ing Debarment, Suspension , lnellglbllity and Voluntary Excluslon--Lower
Tier Covered Transactions
READ CAREFULLY BEFORE SIGNING THE CERTIFICATION. Fed eral regulations require contractors and bidders to sign an d
abide by the terms of this certification, without modification, In order to participate In certain transactions directly or
Indirectly Involving federal funds.
1. By signing and subm itting this proposal, the prospective lower tier participant Is providing the certification set out
below.
2. The certificallor;i In this clause Is a mc!lerlal representation of fact upon which reliance was plaeed when thi s
transaction was entered Into . If It Is later determined that the prospective · 1ower tier participant knowlngly rendered an
erro neous certificatron, In addition to other remedies avallable to the Federal Govemment the department or agehcy
wll'1 whlcti th .is [f'ansaction originated may pursue available" remedies, inc luding suspension and/or debarment.
3. The prospective lower tier partlclpaAl shall provide Imme diate written notice to the department , Institution or office to
which this proposal Is submitted if at any time the prospective lower tier participant learns that its certification was
erroneous when subm itted or had become erroneous by reason of changed circumstances.
4. The terms covered tran saction, debarred, suspended, inel!gible, lower tier covered ~nsactlon, partic ipant, person,
primary covered transaction, principal, proposal , and voluntarlly excluded, as used In this claus e, have the meaning
set out In th1:1 Dennltlons and Coverage .sections of ru1e·s lmpfl;lmentlng Executive Order 125.49. Yo u may contact the
person to which this proposa l Is submitted for asslstanc~ in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees · by submlttlng this prop osal that, should the proposed coverEid
transaction be entered Into, It shall not knowlngly enter Into any lower lier covered transaction With a per,;on who Is
proP.osed for debarment under the applicab le CFR, debarred, suspen ded, declare d lnellglble, or volu ntarily exc luded
from participation in this covered transaction, unless autho rized by the departtnen t or agency with which this
transaction originated .
6. The prospective lower tier participant further agrees by submitting this proposal that it will Include this clause titled
--certification Regarding Debarment, Suspension, lnellglblllty and Voluntary Exclusion-Lower Tier Covered
Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered
transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant In a lower tier covered
transa~lon tnat It Is not prc,pesed for debarment Under applicab le CF R, debarred, suspended, lnetlglble, or voluntarily
excluded from covered transactions, unless it knows that the certincatlon Is erroneous . A participa nt may deci de tne
method an d fre quency by which it determines the eli gibility. of Its principa l~. Each partfclpant may, but Is not required
to, check the List of Parties Excluded from Federal Pro cureme nt and Non-procureme nt Programs.
8. Noth ing co ntained In the foregoing shall be construed to require establishment of a system of records in order to
r~nder In good faith the certrfl.catlon required b}( this clause. The knewle dge and lnformatiori of a participant Is not
required to exceed that which Is normally possessed by a prudent person In the ord inary course of business actlV!ty.
9. Except fo r transactions auth orized under paragrap h 5 of these · Instructions, If a partlcip~nt In a CQVered transaction
knowingly enters Into a lower tier covered transaction with a person who Is proposed for debarm ent under ~ppli cable
CFR, sus pended , debarre d, Inelig ible , or voluntarily exc luded from participation in this tra nsa cti on , in addition to other
remedies ~wailab le to the Federal Government, the depa rtment or agency with which this transaction originated may
pursue available remedies, including suspension and/or debarment.
Certification Regarding Debarment, Suspension, lnellglbilfty and Voluntary Exclusion--Lower Tier
Covered Transactions
The prospective lower tier participant certifies, by submission of this proposal or contract, that neither It nor Its
principals Is pre sently debarred, suspended, proposed fo r debarment, declared Ineligible, or voluntarlly excluded
from parti cipation In t his tr.ansactlon by any Federal dep artment or agency. Where the prospective lower tier
partlc l pah t Is una ble to ce rt ify t o any of the stateme nts In this certification, such prospective participant shall
attach an explanation to this form.
~
Date : -'-"/!_ft_t-'-1 __
2 CFR Part 200 Subpart F Audit Certification Form
Audits of St ates, Local Governments, Indian Tribes, and Non-Profit Organizations
Contact Information
Subrecip lent Name (Agency, Local Government. orOrganlzatlon):Kittitas County
Authorized Chief Financial Officer (central accountlng office):Judy Pless
Address:305 West 5th Ave Ste. 105 Ellensburg, WA 98926
Email: judy.pless@co.klttltas.wa.us Phone#: (509) 962-7504
Purpose: As a pass-through entity of federa l grant funds , the Washi nglon Mllltal)' Departmenf/Emergency Management DMslon (Department)
is required by 2 CFR Part 200 Subpart F lo moA1to r activities of sub reclplants to ensj,,re federal awards are used for authorized purposes and
verify that subrecipien!s expending $750,000 or more in federal award s during their fi11cal year have met Iha 2 CFR Par t 200 Subpart F Audit
Requi rements . Your entity is a subrec iplent subject to such mcml toring by MILlEMD because It ls a non-federal entity that expends federal grant
funds received from the Dep artment as a pass -through entity to carry out a federal program. 2 CFR Part 200 Subpart F sho uld be co nsulted
when completing this rorm.
Directions: As required by 2 CFR Part 200 Subpart F, non-federal en tiUes that expend $750,000 111 federal awar<fs In a fh,car year shall ha ve
a single or program -speclflc audit con d~cted ror that year . If your en tity ls. not subJeorto these requirements, you must complete Section A of
this Form . If your enlily ~ subject to Jhese requ irements , you must com plete Sect jc;,n B or this form , Whim comple ted, you must-sign, dale ,
and return this form with your 9ranl agreement and every fiscal yaar thereafte r until the grant agreemen t Is cl osed. Failure ·to re turn this
comp le ted Audft Certlflcalion Form may rssult In delay of grant ag reement processing, wlthho)dfng of (edera l awards or dlsa llowahce of costs ,
and su~penslon or termination of federal awards .
SEC TIO N A: En titles NO T s u biect t o t he aud it r eaulrem ents o f 2 CFR Rar:t 200 Sub oart F
Our entity is not subject to the requirements of 2 CFR Part 200 Subpart F because (check all that apply):
D We did not expend $750,000 or more of total federal awards during the fiscal year.
D We are a for-profit agency.
0 We are exempt for other reasons (describe):
However , by slgnlhg below, I agree tha t we are.still subject lo the audi t requirements, laws an,d r.egulallons governing ti,.~· pr0.gram(s) In
wh ich we partic ipate , that we ar~ required to maintain record.s or federaf fund ing and to provide access to such records by federal and -slate
a_g13ncles and their deslgnees, and that WMD/EMD may request and be provided acce ss to addiUona l information and/or docu,nenta lfon to
ensure proper stewa rd sh ip of.federal funds .
s g CTlON B: Entitles thg_t.A RE s u!}.Lec t to t he audit c.e g_ufre men ts.,of 2 CFR Part 200 SubQart F
(Co mplete the Information below and check the aoorop rlate box)
Ii We completed our last 2 CFR Part 200 Subpart F Audit on (enter date] 9/30/2019 for Fiscal Y~ar ending [enter date] 201 8 • There
were no findings related to federal awards from WMD/EMD. No follow-up action Is required by WMD/EM D as the pa ss-throu gh entity.
A complete copy of the audit report, which includes exceptions, corrective action plan and management response, Is
either provided electronically to conlracts.office(plmil.wa.gov or provide the state auditor report number:
# 1024778 .
D We completed our last 2 CFR Part 200 Subpart F Audit on [enter date] for Fiscal Year ending [enter date] . There
were findings related to federal awards.
A complete copy of the audit report, w,hlch Includes exceptions, corrective action plan and management response, Is either
provided electronically to contracts .offlce@mll.wa .gov or provide the state auditor report number:
D Our completed 2 CFR Part 200 Subpart F Audit will be available on [enter date] for Fiscal Year ending
renter date]. We wlll provide electronic copy of the audit report to contracts.office@mll .wa .gov at that time or
orovlde the state auditor report numbe r: .
I here by c ertify th at I am an lndlvldual author1z ed by tho ab ov e Ide ntified entity t o co mplete t his form. Furthe r, I certify that the
ab ove Informati on Is true an d c orrect an d all re l evant m at erial fin din gs c ontain ed In aud it rep ort/s t atement have been dlsclosed.
Adcfltl onally, I un derstand this Form Is t o be s ubmitted every fisca l year f or wh ich th is entity Is a s ubr ocl ple nt of federal award
f un ds from t he Department u nUI the gran t ag reemen t Is close '
Signature of Authorized Chief Financial Officer: Date:
Print Name & Title: Judy-Pless ~dget Financial Manger
WMD Fotm 1009,13, 8/1 ~~13, Updo lqd M/2015
.
Form W-9 Request for Taxpayer Give Form to the
(Rav. December 2014) I dentification Number and Certification requester. Do not
Oeparuru,nt ot ll)e Trt<aslllY send to the IRS.
lntomal Rover.uo 8er\-fco
1 Name (!IS shown on your ll'l0ome lilllC return}. Name la n,qub'ed on lhls line; do not leave I his llne blank.
Co.unty of Kittitas
c-i 2 &i:slf\SSS nam<ildlaniglildecl en6ly name. If dil'forant f1qm above
f Kittitas County
3 Check approp,fa!JI box for ledel:al lllx dassfficatl011; q190k 01\ly one ot Iha following seven bmco:i: 4 Eicempllons (cod~ llflP.ly onlY to C
0 0 lsldlvtduol/«>le. proprietor or D C CotpoTiltlon 0 ,S Corpo111tlon D Par1norah fp D TIUSt/estate ~ enUUea, not lndMdu~a: aee
!~ slng~barl.LC
Instructions on page 3):
D l.,nil tod llabllty company. ~ tho \ill clasallTcalion (C:C corporallon, S..S corpol\ll/on , Papartn arship),. Eiwmpt payee cod& or BIIYl 3
... ti Elwnpl/on "°"1 FATCA repar\lng ii Mole. For a U!f!)&-merpber UC thal is di#egacde<I, do not check LLC; check the appropriate box In the Un e above for
Iha tax clnssiffcatlon ot the~ owne,. codeOlanyJ
a. 0 0 Other (see INlll'VCllonsJ ,.
,._,,,.._, ___ illoU,SJ
!i: 5 ~~ (number, swet, and apt. 01' .u!Q.no .) Requester's name arld addres5 (oJ)lfonaQ
0
GI 205 West 5th Ave Suite 105 Q.
(II e City, ntAto-, and ZIP aode I Ellerisburg , WA 98926
7 Ust account numb8l(sl '1!)19 (opllo!t&J
•=,.:1 •• Taxp ay er Ide ntification Number (TIN)
I Soala l security numbot I En ten your TIN In tho apprqprfata box. The TIN ~ded must match the name given on li ne 1 to avoid
backup withholding. For lndivldull,ls, this Is generally your scdal security number (SSN). However, ror a ITO [D I I I r I
r&sldliAt alien, sole proprietor, or d fsngarded entity, see'the Part I lnslrucUoM t?n page 3'. For other --
entitles, it Is yo ur emp loyer lde.nUJ1catlon number (BN). If you do not have a number, see 1-(oiv to get a . . _ _ _
ffion~a M
Note. If the account Is In more than one name, see the instructions for line 1 and the chert on page 4 for '"I em=-p--:l,--oy.,..•-r,_.,..,c1o,..--:.,u'"'r,=-cat1--:_ ""o_11_n_Ultlb-:-tw-· -----.
guidelines on whose number to enter.
Ce rtifi c ation
Under penalties of perjury, I certify that:
1. The number shown on this fonn Is my correct taxpayer identification number (or I am waiting for a number to be Issued to me); and
2. .1 am not sub]ecMo backup withholding becauso: {a) I am ~xempt from baoku p withholding, or (b) I have not been notified by the Interna l Revenu e
Service (IRS) that I am sub]ect lo backup wlthholcflng as a result of a l,11J lure to report all' Interest or d ividends. or {c) the IRS has notified me that I am
no longer sub]ect to backup wllhholdlng; and
3 . I em a U.S. citizen or other U.S. person (defined below); end
4. The FATCA code(s) entered on this ronn Of any) Ind icating that I am exempt from FATCA reporting Is correct.
Certification Instructions. You must cross out Item 2 above ff you have been not\Oed by the IRS thn! y6u are CUll'enUy subject to backup wltnhofdlng
because you have failed to report all Interest and dividends on your tax return. For re~I estljte transactlo-ns. Item 2 does not irpply. For mortgage
interest paid; acquls.fUo n or abandonment or secultld props~y . cancellat!on of debt, contrtbuUons ·lo,an Individual retirement arrangement QRA), a.r:id
getteralfy, paymehta o!he r than Interest ana dlvldeod(I. you are not required to sign lhe certmcatlon, but you ,:nust provide your co~t TIN. See the
lns truollons on pa,ge 3.
S ign Signature of
H ere U.S. person,.
General ln structlonsL/
Secti on references are to the lnlemal Revenue Coda unless otherwise noted.
Future developments. lr:1fonn11tion llbo\lt deYolopman t:s.a/fecU ng Form W-9 (such
as leglslatlon enacted al!er wo rafQS$9 II) Is Ill WWW.ll'$.fJ<1V/fw9.
Purpose of Form
An Individu al or eJllllY form W-9 requestet) who b requl'8d to ma an Information
re t1J1n with the IRS ~l oblaln your C01Tlli:t t.upllyer lde,iUlk:allan number (TlN)
which ""1Y be yoursocfal sttcuritynumbcr (SSl'l),lndMduol llll<payer ldenU~C\1Jlon
numb11r OTIN), adoption taxpayer ldenURc.allon number (ATill(J, OI' empk>Yer
tdontlnce1tlon number(EIN), to Teport on an lnforma llon rlllum th& ornoontpald 10
11ou, or 0U1er amollfl t repor1abfe on an 1nr~1loruet11rn. Example or lnrormntlon
rowma 11\ctud&, but are nol Uml je<I 10. tho rolfo\\:ll!Ql
• Form 1099-INT Onterest earned or paid)
• Form 1099-0IV (dividends, Including those from stocks or mutual runds)
• Form 1099-MISC (various types of Income, prizes, awards, or gross proceeds)
• Form 1099-B (stock or mutual fund sales and certain other transactions by
brokers)
• Form 1099-S (proceeds from real estate transactions)
• Form 1099-K (merchant card and third party network transactions)
Data),,
• Form 1098 (home mortgage Interest), 1098-E (student Joan interest), 1098-T
(tuition)
• Fonn 1099-C (canceled debt)
• Fann 1099-A (acquisition or abandonment of secured property)
Use Form W·9 only If you ar& a U.S. person llncludlng a resident alfen), to
provide your correct TIN.
/f you d<> nor /'IJ/CJ{n Fotn1 W-9 to the ~ierwllh II TIN, you might be subject
to blJckup w/rMoldfllg. 504 What Is b~ckup wfUlholding? on page 2.
By signing the filled-out form, you:
1. Certify that the TIN you are giving Is correct (or you are waiting for a number
lo be Issued),
2. Certify that you are nol subject to backup withholding, or
3. Claim ex&mplfon from b$clWp ""ilMoldJog II yw ar~ a U,S. exompt_ pm nyea, 11
nJ)pllcllbia, you 1!18 alao con jfylng that es a U.S. ~n. )'OIIT ellocabliuhoNI ol
any ,pertneret1)P fneotner,om a· U.S. trudil or bu1lrless le not 11ubfoot 1o·tho
wllhholdlng lax on foralgn partl181'9' alWe of•arfoctlvoly <:OMBCtod "1coma, and
4. Certlly ll1al l'ATCA uodo(,l en lerad on this form (II an~ ku:floamg that you 1ua
e~mpt rrom Iha FATCA reportll)g, Is correct. Saa What Is l'ATCA reporllng? 011 ,
pBge Nor !urtl18r ,1nrormatlot1.
Cat No . 10231X Form W-9 (Rev. 12-2014)