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HomeMy WebLinkAboutE20-270EMERGENCY MANAGEMENT Washington State Military Depaftment GRANT COVID-,Ig FACE 1. Subrecipient Name and Address: Klttltas, County of Sherlffs Office 307 W Umptanum Road Ellengburq, WA 98926{720 2. Grant Agreement Amount: t14,144 3. GranlAgreemenl Number: E20-270-Rsvlssdl Subrecipient Contract, phonelemail: Daren Hlgaehlyama, 509.933-8206 darren.higaehlyama@co.klttltes.wa.us 4.5. Grant Agreement Start Date: January 27,2020 6. Grant Agreement End Date December 31,2021 7. Department Contact, phone/email: Mlchael Alston, 253-612-7083 mlchael.alston@mll.wa.oov 8. Data Universal Numbering System (DUNS): 010202547 9. UBI # {state revenue): 601-OO4-271 10. Funding Authority: Waehlngton Siate Mllltary Department (the -DE PARTMENT) and the U.S. Department of Homeland Security (DHS) 1L Federal Funding ldentification #: Elns-2020-EP.00009€01 12. Federal Award Date: 44t1912020 13. Assistance Listings # (formerly CFDA! & Tltle: 97.042 (2oEMPG-S) 14. Total Federal Amount: $2,r26,974 15. Program lndex # & OBJ/SUB.OBJ:703PS NZ 16. EtN 9l-600129'l 17. Service Districts: (BY LEGISLATIVE DISTRICT): 13 (BY CONGRESSIONAL DISTRICTI: 8 '18. Service Area by County(ies): Klttltas 19. Women/Minority-Owned, cerrified E Un Dtr ves, oMWBE State NO 20. Agreement Classification! Personal Services E Ctient Services I pubficlLocal Gov'tD Ressarch/Development tr ruf E Otner 21. Conlract Type (check all that appty):E Contract I GrantE tnteroovernmental (Rcw 39.341 I Agreementfl lnteraoencv 22. Subrecipient Selection Process:I .to allwho apply & qualify" [J Compatitive BiddingE sote source fl eue ncw il we[] rnao woFM? D Advertised? O yES i Ho 23. Subrecipient Type (check ail that appty)U Private Organization/lndividual El puUtic Organizalion/Jurisdrctron E For-ProfitI Non-ProfitE corurnncroR I sueReoptENTE orHER The purpose of th€ Flscal Year (FY) 2020 Emergency Manag€ment Performanco Grant covlD-tg Supplementa! (zoEMpc€) program is to provlde U.S. Department of Homoland Securlty (DllS)/Federal Emergency Management Agency (FEilA) Fedeni award fundg to states to agslst atate, local, terrltorlal, and trlbal governments wlth thelr-publlc hsalttr ind emergency managemonl actlvltier aupporting the prevenilon of, prcparation for, response to, and recovery from the ongoing CoronJvlrui Disease 20tg (COVID-|9) public health emergency. The Department ls the R€clplent and Paee-through Enlity of the zoEMPG€ DH$ Award Lstter for Grant No.EM$-2020-Ep-00009- S01, which ls lncorporated In and attached hereto ae Attechment F and has made a subawrrd of Federal award fundg to the subreclplent purauanl to thk Agreem€nt. The subrecipient is accountabte to the IN WTNESS theWHEREOF a nd Su and theDepartmentbrecipient ofterms this includacknowledgeacceptAgreement,ing andExhibits whichAtiachments are tn and made a and haveherebyincorporaiedparihereol executed this of dat€the belowasAgreement This Facn Terms Conditions&Agreemenl Sheet;Special TermsGeneral ConditionsandAi;(Attachment PlanWoftB);(Attachment Timelinec):EM20 AwaPG-S Letterrd(Aftachment (Attachment BudgetD)E);(Attachment EMS-2020-EP-00009-S01 and(Attachment F); otherall documents andreferenc€d herein inconla theall andt€r.Ts conditionsexpresslyincorporated the andagreedbyuponparties 9OVem andthe theof to this oth6rNo urighbobligationsparlies ororal theAgreement.otheruise,rh tsafterofmnderstandings,regarding subject beshall todeemed orexist bindto theof hereto. Dopartmenl for use of Faderal award funds 24. PURPOSE & D and the ln lhe event of an inconsistency in this Agreement, precedence in the following order: unleEs otheruise provided herein, the inconsistency shall be resolved by giving 1. Applicable Federal and State $tetutes and Regulationa2. DHS/FEMA Award and program documents3. Work Plan, Tlmellne, and Budget 4. Speclal Tsrms and Conditiong 5. General Terms and Condltiong, and, 6. Other provlrlont of the Agreemont lncorDoratsd bv refercnce 1"r7-ru Date DE t, the parties hereto have 11t6t2020 Date Anne Hesse, Chief Financial Officer on tha day and year last APP TO FORM Applicant's Legat Assistant General Washington State Military Department BOILERPLATE APPROVED AS TO FORM: Dawn C. Corlez O5lOgl2O20 FOR THE SUBRECIPIENT: *_U,{4-* *rt{t?-€, Signature t F ' Clay Myers, Sheriff Kittitas County Sheriffs Office DHS-FEMA-EMPG.S.FY2O Page 1 of 35 Ktttitas Co unty $heriff s Otfr ce. E2}-27O-Revised Aftachment A SPECIAL TERMS AND CONDITIONS ARTICLE I. KEY PERSONNEL The individuals listed below shall be considered..key personnel for point of contact under this Agreement. Any substitution of key personnel by either party shall be made by writtdn notification to the current k;y personnel. ' SUBRECIPIENT DEPARTM ARTICLE II. ADMINISTRATIVE AND/OR FINANCIAL REQUIREMENTS The Subrecipient shall comply with all applicable state and federal laws, rules, regulations, requirements and Plggrq[ guidance identified or referenced in this Agreement and the informational documents published by DHS/FEMA applicable to the 2OEMPG-S Program, including, but not limited to, all criteria, restrictions, and requirements of the DHS NOFO FY 2A2A EMPG-S document, the DHS Award Letter for Grant No. EMS-202S EP-00009-S01, and the federal regulations commonly appticable to DHS/FEMA grants, all of which are incorporated herein by reference. The DHS Award Letter is incorporated in this Agreement as Ailachment F. The Subrecipient acknowledges that since this Agreement involves federal award funding, the performance period described herein may begin prior to the availability of appropriated federalfunds. The Subrecipient agrees that it will not hold the Department, the state of Washlngton, or the United States liable for any damages, daim for reimbursem€nt, or any type of payment whatsoever for services performed under this Alreement prior to distribution of appropriated federalfunds, or if federal funds are not appropriated or in a particular amounl, A. STATEAND FEDERALREQUIREMENTS FOR DHS'FEMA PREPAREDNESS GRANT$: The following requirements apply to all DHS/FEMA Preparedness Grants administered by the Department. 1, SUBAWARDS & CONTRACTS BY SUBRECIPIENTa. The Subrecipient must make a caseby-case determination whether each agreement it makes forthe disbursement of 20EMPG-S funds received underthis Agreement casts the party receiving the funds in the role of a subrecipient or contractor in accordance with 2 cFR 200.330. b. lf the Subrecipient becomes a pass-through entity by making a subaward to a non-federal entity as its subrecipient: i. The Subrecipient must comply with all federal laws and regulations applicable to pass-through entities of 20EMPG-S funds, including, but not limited to, those contained in 2 CFR 200. ii. The Subrecipient shall require its subrecipient(s) 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 DH$IFEMA applicable to the 20EMPG-S Program, including, but not limited to, all criteria, restrictions, and requirements of the DHS NOFO FY 2020 EMPG-S document, the DH$ Award Letter for Grant No. EMS-2OhO-EP- DHS-FEMA-EMPG-S-FY20 Page 2 of 35 Kittitas County Sheriffs Olfre,e,E2}-270-Revised Name Darren Higaehiyama Name Mlchael Alston Title Chlef Deputy Title Frogram Coordlnator E-Mail darren.hlgashlyama@co.kittltas.wa. us E-Mail m lchael.alston@mll.wa.gov Phone 509€33{206 Phone 253.512-7083 Name Clay Myers Name REagan Bush Title Sherlff Title Program Manager E-Mail clay.myers@co. klttltas.wa, us E-Mail reagan.bush@mil.wa.gov Phone 509.962.7615 Phone 2s3-512-7463 Name Sharrie lUlcPhercon Name Tirrah Klncheloe Title Chief Financial Manager Title Program Manager E-Mail sharrie.mcpherson @co.kittitas.wa.us E-Mail tirzah. kincheloe@mll,wa. gov Phone 509-962-7056 Phone 253-512.7456 2 00009-501 in Attachment F, and the federal regulations commonly applicable to DHS/FEMA grants. iii. The Subrecipient shall be responsible to the Department for ensuring that all 20EMPG-S federal award funds provided to its subrecipients, and associated matching funds, 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 F of this Agreement. BUDGET, REIMBURSEMENT, AND TIMELINEa. \Mthin the total Grant Agreement Amount, travel, subcontracts, salaries, benefits, printing, equipment, and other goods and services or other budget categories will be reimbursed on an actual cost basis upon completion unless othenrise 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, lf the Subrecipient chooses to include indirect costs within the Budget (Attachment E), an indirect cost rate agreement negotiated between the federal cognizant agency and the Subrecipient establishing approved indirect cost rate(s) as described in 2 CFR 200.414 and Appendix Vll to 2 CFR 200 must be submitted to the Department Key Personnel. However, under 2 CFR 200.414 (f), if the Subrecipient has never received a negotiated indirect cost rate agreement establishing federally negotiated rate(s), the Subrecipient may negotiate a rate with the Department or charge a de minimis rate of 10% ol modified totaldirect costs. The Subrecipienl's actual indirect cost rate may vary from the approved rate but must not exceed the approved negotiated indirect cost rate percentage for the time period of the expenditures. lf a Subrecipient chooses to charge the 10% de minimis rate, but did not charge indirect costs to previous subawards, a request for approval to charge indirect costs must be submifted to the Department Key Personnel for approval with an explanation for the change. d. For travel costs, the Subrecipient shall comply with 2 CFR 200-474 and should consult their internal policies, state rates set pursuant to RCW43.03.050 and RCW43"03.060 as now existing or amended, and federal maximum rates set lorth at http:/lwww.osa.gov, and follow the most restrictive, lf travel costs exceed set state or federal limits, travel costs shall not be reimbursed without written approval by Department Key Personnel. e. Reimbursement requests will include a properly completed State A-19 lnvoice Form and Reimbursement Spreadsheet (in the format provided by the Department) detailing the expenditures for which reimbursement is sought. Reimbursement requests must be submitted to Reimbursements@mil.wa,gov no later than the due dates listed wlthin the Timeline (Attachment D). Rdmbursement request totals should be commensurate to the time spent processing by the $ubrecipient and the Department. f. Receipts and/or backup documentation for any approved items that are authorized under this Agreement must be maintained by the Subrecipient consistent with record retention requirements of this Agreement and be made available upon request by the Department and auditors. g. The Subrecipient must request p$gg written approval from Department Key Personnel to waive or extend a due date in the Timeline (Attachment D) and, once approved, submit those costs on the next scheduled reimbursement due date contained in the Timeline, Waiving or missing deadlines serves as an indicator for assessing an agency's level of risk of noncompliance with the regulations, requirements, and the terms and conditions of the Agreement and may increase required monitoring activities. Any request for a waiver or extension of a due date in the Timeline will be trealed as a request for Amendment of the Agreement. This request must be submitted to the Department Key Personnel DHS-FEMA.EMPG-S.FY2O Page 3 of 35 Kittitas County Sheriffs Otfice, E20-?70-Revised 3. 4. sufliciently in advance of the due date to provide adequate time for Department review and consideration and may 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 afier the Grant Agreement End Date, except as othenrise authorized by either (1) written amendment of this Agreement or (2) written notification from the Department to the Subrecipient to provide additionaltime for completion of the Subrecipient's project(s). i. No costs for purchases of equipmenUsupplies will be reimbursed until the related equipmenUsupplies have been received by the Subrecipient, its contractor, or any non- federalentity to which the Subrecipient makes a subaward and is invoiced by the vendor, j. Failure to submit timely, accurate, and complete reports and reimbursement requests as required by this Agreement (including, but not limited to, those reports in the Timeline) will prohibit the Subrecipient from being reimbursed until such reports and reimbursement requests are submitted and the Department has had reasonable time to conduct its review. k. Final reimbursement requests will not be approved for payment until the Subrecipient is current with all reporting requirements contained in this Agreement. l, A written amendment will be required if the Subrecipient expec{s cumulative transfers to budget categories, as identified in the Budget (Attachment E), to exceed 10% of the Grant Agreement Amount. Any changes to budget category totals not in compliance with this paragraph will not be reimbursed without approvalfrom the Department. m. Subrecipients shall only use federal award funds under this Agreement to supplement existing funds and will not use them to replace (supplant) non-federalfunds that have been budgeted for the same purpose. The Subrecipient may be required to demonstrate and document that a reduction in non-federal resources occurred for reasons other than the receipt or expected receipt of federal funds. None of the funds awarded under this Agreement may duplicate the same costs already paid for with funding under FEMA's Public Assistance Program or any other Federal program. REPORTINGa. \Mth each reimbursement request, the Subrecipient shall report how the expenditures, for which reimbursement is sought, relate to the Work Plan (Attachment C) activities in the format provided by the Department. b, \A/ith the final reimbursement request, the Subrecipient shall submit to the Department Key Personnel a final report describing all completed activities under this Agreement. c, The Subrecipient shall comply with the Federal Funding Accountability and Transparency Act (FFATA) and related OMB Guidance consistent with Public Law 109-282 as amended by section 6202(al of Public Law 1 10-252 (see 31 U.S.C. 6101 note) and complete and return to the Department an Audit Ceilification/FFATA Form This forrn is required to be completed once per calendar year, per Subrecipient, and not per agreement. The Department's Contracts Office will request the Subrecipient submit an updated form at the beginning of each calendar year in which the $ubrecipient has an active agreement. EQUIPMENT AND SUPPLY MANAGEMENTa, The Subrecipient and any non-federal entity towhich the Subrecipient makes a subaward shall comply with 2 CFR 200.318 - 200.326 when procuring any equipment or supplies underthis Agreement, 2 CFR 2OO.31sfor management of equipment, and 2 CFR 200.314 for management of supplies, to include, but not limited to: i. Upon successful completion of the terms of this Agreement, all equipment and supplies purchased through this Agreement will be owned by the Subrecipient, or a recognized non-federal enti$ to which the Subrecipient has made a subaward, for which a contract, Subrecipient grant agreement, or other means of legal transfer of ownership is in place. DHS-FEMA-EMPG-S-FY2O Page 4 of 35 Krttltas County Sheriff s Offiea, E20-270-Revased ll ili. \t vl. D. E. F. (r. H. All equipment, and supplies as applicable, purchased under this Agreement will be recorded and maintained in the Subrecipient's inventory system. lnventory system records shall include: A. description of the property B. manufacturer's serial number, model number, or other identification number C. funding source for the equipment, including the Federal Award ldentification Number (FAl N) Assistance Listings Number (formerly CFDA Number) who holds the title acquisition date cost of the equipment and the percentage of federal participation in the cost location, use, and condition of the equipment at the date the information was reported disposition data including the date of disposal and sale price of the property. The Subrecipient shall take a physical inventory of the equipment, and supplies as applicable, and reconcile the results with the property records at least once every two years. Any differences between quantities determined by the physical inspection and those shown in the records shall be investigated by the Subrecipient to determine lhe cause of the difference. The Subrecipient shall, in connection with the inventory, verify the existence, current utilization, and continued need for the equipment. The $ubrecipient shall be responsible for any and all operational and maintenance expenses and for the safe operation of their equipmenl and supplies including all questions of liability. The Subrecipient shall develop appropriate maintenance schedules and procedures to ensure the equipment, and supplies as applicable, are well maintained and kept in good operating condition. 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's Key Personnel. The Subrecipient must obtain and maintain all necessary certifications and licenses for the equipment. lf the Subrecipient is authorized or required to sell the property, proper sales procedures must be established and followed to ensure the highest possible return. For disposition, if upon termination or at the Grant Agreement End Date, when original or replacement supplies or equipment acquired under a federal award are no longer needed for the original project or program or for other activities currently or previously supported by a federal awarding agency, the Subrecipient must comply with the following procedures: A. For Supplies: lf there is a residual inventory of unused supplies exceeding $5,000 in total aggregate value upon termination or completion of the project or program and the supplies are not needed for any other federal award, the Subrecipient must retain the supplies for use on other activities or sellthem, 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. IU vlt vil DHS-FEMA.EMPG-S.FY2O Page 5 of 35 Kittitas County Sheriffs Ottce, E2A-270-Revised 5. B. For Equipment: 1) ltems 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) ltems 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. lf 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 shallcomply with the Department's Purchase Review Process, which is incorporated by reference and made part of this Agreemenl. No reimbursement will be provided unless the appropriate approval has been received. c. Allowable categories for the EMPG-S Program are listed in the 20EMPG-S NOFO and onthe Authorized Equipment List (AEL) located on the FEMA website at htto:l/www.fema.qov/authorized:eouipment-list, lt is important that the Subrecipient and any non-federal entity to which the $ubrecipient 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 hibal definitions of equipment. The Subrecipient is solely responsible for ensuring and documenting purchased items under this Agreement are authorized as allowed items by the AEL at time of purchase. lf the item is not identified in the 2OEMPG-S NOFO or on the AEL as allowable under EMPG-S, the Subrecipient must contact the Department Key Personnel for assistance in seeking FEMA approval prior to acquisition. d. Unless expressly provided othenarise, allequipment must meet all mandatory regulatory and/or DHS/FEMA adopted standards to be eligible for purchase using federal award funds. e. 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 under this Agreement, ENVI RONMENTAL AND HISTORICAL PRESERVATIONa, The Subrecipient shall ensure full compliance with the DHS/FEMA Environmental Planning and Historic Preservation (EHP) program. EHP program information can befound at httos://www.fema.oov/environmental-olanninq-and-historic-presqJyglion- compliance all of which are incorporated in and made a part of this Agreement. b. Projects that have historical impacts or the potenlial to impact the environment, including, but not limited to, construction of communication towers; modification or renovation of existing buildings, structures and facilities; or new construction including replacement of facilities, must participate in the DHS/FEMA EHP review process prior to initiation. Modification of existing buildings, including minimally invasive improvements such as attaching monitors to interior walls, and training occurring outside in areas not considered previously disturbed, also require a DHS/FEMA EHP review before project initiation. c. The EHP review proces$ 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 whetherthe proposed proiect has the potential to impact environmental resources andlor historic properties. DHS-FEMA-EMPG-S-FY2O Page 6 of 35 Kittitas County Sheriffs Olfrcr-, E20-270-Revised 6 d. 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 FEMA approval received bythe Subreclplent before any work is started for which reimbursement will be later requested. Expenditures for projects started before completion of the EHP review process and receipt of approval by the Subrecipient will not be reimbursed. PROCUREMENTa. 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 (Attachment B, A.10). With the exception of the requirements in 2 CFR Part 200.319(b), regarding geographical preferences and 2 CFR Part 200.321 regarding contracting small and minority businesses, women's business enterprises, and labor surplus area firms, which have been temporarily exempted by OMB Memo M-20-17. These exempted requirements willbe reinstated upon notification from OMB that it has discontinued the exemption. b. For all sole source contracts expected to exceed $250,000, the Subrecipient must submit to the Department for pr*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-federalentily to which the Subrecipient makes a subaward, at which point the $ubrecipient will be responsible for reviewing and approving sole source justifications of any non-federal entity to which the Subrecipient makes a subaward. S UBRECIPIENT MONITORINGa, The Departmentwill monitorthe activities of the Subrecipient from award to closeout. The goal of the Department's monitoring activities will be to ensure that agencies receiving federal passthrough funds are in compliance with thia Agreement, federal and state audit requirements, federal grant guidance, and applicable federal and state financial regulations, as wellas 2 CFR Paft 200 Subpart F. b. To document compliance with 2 CFR Part 200 Subpart F requirements, the Subrecipient shall complete and return to the Department an Audit Certification/FFATA form. This form is required to be completed once per calendar year, per Subrecipient, and not per agreement. The Department's Contracts Office will request the Subrecipient subrnit an updated form at the beginning of each calendar year in which the Subrecipient has an active agreement. c. Monitoring activities may include, but are not limited to: i. Review of financial and performance reports ia. Monitoring and documenting the completion of Agreement deliverables iii. Documentalion of phone calls, meetings (e,9. agendas, sign-in sheets, meeting minutes), e-mails and correspondence iv. Review of reimbursement requests and supporting documentation to ensure allowability and consistency with Agreement work plan, budget, and federal requirements v. Observation and documentation of Agreement related activities, such as training, events, and equipment demonstrations vi. On-site visits to review equipment records and inventories, to veriff source documentation for reimbursement requests and performance reports, and to verifr7 completion of deliverables. d. The Subrecipient is required to meet or exceed the monitoring activities, as outlined above, for any non-federal entity to which the Subrecipient makes a subaward as a pass- through entity under this Agreement. 7 DHS.FEMA-EMPG-S-FYzO Page 7 of 35 Kittitas County Sheriffs Otficn, E?O-Z70-Revised 8. 9. e. Compliance will be monitored throughout the performance period to assess risk. Concerns will be addressed through a Corrective Action Plan. LTMTTED ENGLTSH PROFTCTENCY (CtVtL RTGHTS ACT OF 1964 TTTLE Vt)a, The Subrecipient must comply with the Title Vl of the Civil Rights Act of 1964 (Title Vl) prohibition against discrimination on the basis of national origin, which requires that Subrecipients of federal linancial 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 seryices, including oralinterpretation and written translation. Executive Order 13166, lmproving Access to Services for Personswith Limited English Proficiency (August 11, 2000), requires federal agencies to issue guidance to recipients, assisting such organizations and entities in understanding their language access obligations. DHS published the required recipient guidance in April 2011, DHS Guidance to Federal Financial Assistance Recipients Regarding Title Vl Prohibition Against National Origin Discrimination Affec.ting Limited English Proficient Persons, 76 Fed. Reg. 21755-21768, (April 18, 2011r. The Guidance provides helpfulinformation 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 referto the DHS Recipient Guidance at https:lAvww.dhs.qov/quidance-published-help- departnLgnt-supported-orqanizations-orovide-meaningful-acqpss-people-limited and additional resources on http://www. lep.qov, NIMS COMPLIANGEa. The Nationallncident Management $ystem (NIMS) identifies concepts and principles that answer how to manage emergencies from preparedness to recovery regardless of their cause, size, location, or complexity- NIMS provides a consistent, nationwide approach and vocabulary for multiple agencies or jurisdictions to work together to build, sustain, and deliver the core capabilities needed to achieve a secure and resilient nation. b. Consistent implementation of NIMS provides a solid foundation across jurisdictions and disciplines to ensure effective and integrated preparedness, planning, and response. NIMS empowers the components of the NationalPreparedness System, a requirement of Presldential Policy Directive 8, to guide activities within the public and private sector and describes the planning, organizational activities, equipping, training, and exercising needed to build and sustain the core capabilities in support of the National Preparedness Goal. c. ln order to receive FY 202A federal preparedness funding, to include EMPG-S, the Subrecipient will ensure all NIMS objectives have been initiated and/or are in progress toward completion. NIMS lmplementation Objectives are located at https://www.f.€!na. q ov/med ia-l ibrary/aseets/document$/1 3074Q. B.EMPG PROGRAM SPECIFIC REQUIREMENTS The Department receives EMPG-S funding from DHS/FEMA, to assist state, local, and tribal governments with their public health and emergency management activities supporting the prevention of, preparation for, and response to the ongoing COVID-19 public health emergency as authorized by the Coronavirus Aid, Relief, and Economic Security (CARES) Act,Div. B (Pub, L, No. 11S136); section 662 of the Post-Katrina Emergency Management Reform Act of 2006 (PKEMRA), as amended (Pub. L. No. 109-295) (6 U.S.C. $ 762); Rabeft T. Stafford Disaster Relief and Emergency Assisfance Act, as amended (Pub. L. No, 93-288) (42 U.S.C. SS 5121 et seq.); Eafthquake Hazards Reduction Act of 1977, as amended (Pub. L. No, 95-124) (42 U,S.C. $S 7701 et seq.); and National Flood lnsurance Act of 1968, as amended (Pub. L. No. 90448) (42 U.S.C. SS 4001 et seq.). A porlion of the 2OEMPG-S is passed through to local jurisdictions and tribes with emergency management programs to supplement their local/tribal operating budgets to help sustain and enhance emergency management capabilities pursuant to Washington Administrative Code (WAC) 118-09, DHS-FEMA.EMPG.S.FY2O PagE I of 35 Kittitas County Sheriffs Oifice, E2*-270-Revised The Subrecipient shall use the EMPG-$ funds authorized under this Agreement only to perform tasks as described in the Work Plan of the Subrecipient's application for funding, as approved by the Depailment and incorporated into this Agreement. Funding may not be used to replace or supplant existing local or tribal government funding of emergency management programs. The Subrecipient shall provide a fifty percent match of non-federal origin. The Federal share applied toward the EMPG-S budget shall not exceed fifty percent of the total budget as submitted and approved inthe application and documented in the Budget (Attachment E). To meet matching requirements, the $ubrecipient's cash matching contributions must be considered reasonable, allowable, allocable, and necessary under the grant program and must comply with all Federal requirements and regulations, including, but not limited to, 2 CFR Part 200, An appropriate mechanism must be in place to caplure, track, and document matching funds. ln the final report, the Subrecipient shall identify how the match was met and documented. lf funding is allocated to emergency communications, the Subrecipient must ensure that all projects comply with SAFECOM Guidance on Emergency Communications Grants ensuring the investments are compatible, interoperable, resilient, and support national goals and objectives for improving emergency communications. Subrecipients are encouraged to participate in the State's annual Training and Exercise Planning Workshop (TEPW)/lntegrated Preparedness Planning Workshop (IPPW or may conduct their own local/regional TEPWIPPW lf funding is allocated to non-DHS FEMA training, the $ubrecipient must request prior approval from the Department Key Personnel before aftending lhe training. The Department will coordinate approval with the State Training Point of Contact, Pursuant to DHS/FEMA Grant ProgramsDirectorate Policy FP 207-008-064-l {https://www.fema.gov/media- librarv/assets/docungnts/34856), the training must fall within the FEMA mission scope and be included in the Subrecipient's Emergency Operations Plan. This requirement only applies to training courses and does not include attendance at conferences. See DHS/FEMA's lnformation Bulletin 432, Review and Approval Requirements for Training Courses Funded ThroughPreparedness Grants httns://www.fema.govlmedia-library:data/1532096548973- d6869629eef3ce43b92691f4254829dc/Training Course._Review and Approval lB Final 7 19 18 508.pdf. Fuilhermore , additional federal approvals are required for courses that relate to Countering Violent Extremism prior to attendance. DHS TERMS AND CONDITIONS As a Subrecipient of 2OEMPG-S funding, the Subrecipient shall comply with all applicable DHS terms and conditions of the 20EMPG-S Award Letter and its incorporated documents for DHS Grant No. EMS- 2020-EP-00009-S01, which are incorporated and made a part of this Agreement as Attachment F. 1 2. 3. 4 5 6, c. DHS.FEMA.EMPG.S.FY2O Page 9 of 35 Kiftitas County Sheriff s Affrcn, E20-270-Revlsed Attachment B Washington State Military Department GENERAL TERMS AND CONDITION$ Department of Homeland Security (DHS[ Federal Emergency Management Agency (FEMA) Grants A.1 DEFINITIONS As used throughout this Agreement, the terms will have the same meaning as defined in 2 CFR 200 Subpart A (which is incorporated herein by reference), except as othennrise set forth below: a. "Agreement" rneans this Grant Agreement. b. "Departmenf' means the Washington State Military Department, as a state agency, any division, section, office, unit or otherentity of the Department, or any of the officers or other officials lawfully representing that Department. The Department is a recipient of a federal award directly from a federal awarding agency and is the pass-through entity making a subaward to a Subrecipient under this Agreement. c. "Subrecipient" when capitalized is primarily used throughout this Agreement in reference to the non-federal enti$ identified on the Face Sheet of this Agreement that has received a subaward from the Departmenl. However, the definition of "Subrecipient" is the same as in 2 CFR 200.93 for all other purposes. d. "Monitoring Activities" means all administrative, financial, or other review activities that are conducted to ensure compliance with all state and federal laws, rules, regulations, authorities and policies. e, "lnvestment" means the grant application submitted by the Subrecipient describing the project(s) for which federal funding is sought and provided under this this Agreement. $uch grant application is hereby incorporated into this Agreement by reference. 4.2 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 Depailment in advance of delivery and invoicing of such goods or services. A.3 AMENpMENTS AND MODIF|CAT|ONS 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, The Agreement performance period shall only be extended by (1) written notification of DHS/FEMA approval of the Award performance period, followed up with a mutually agreed written amendment, or (2) written notification from the Department to the Subrecipient to provide additionaltime for completion of the Subrecipient's p roject(s), A.4 AMERICANS WTH DISABILTTTES ACT (ApA) OF 1990. PUBLTC 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. 4.5 ASSURANCES The Department and Subrecipient agree that all activity pursuant to this Agreement will be in accordance with allthe applicable current federal, state and locallaws, rules and regulations. A.6 QERTTFTCATION REGARpTNG DEBARMEN.T, SUSPENSTON. OR rNELtctBtLlW As federal funds are a basis for this Agreement, the Subrecipient certifies that the Subrecipient is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Agreement by any federal department or agency. DHS-FEMA-EMPG-S-FY20 Pag6 10 of 35 Kittitas County Sheriffs Office, E20.270.Revised The Subrecipient shall complete, sign, and return a Certification Regarding Debarment, Suspension, lneligibility, and Voluntary Exclusion form located at htto://mil.wa.gov/emerqencv-manaqement- division/qrants/requiredgrantforms. Any such form completed by the $ubrecipient for this Agreemenl shall be incorporated into this Agreement by reference. Further, the Subrecipient agrees to comply with all applicable federal regulations concerning the federal debarment and suspension system, including 2 CFR Part 180, The Subrecipient certifies that it will ensure that potential contractors or subrecipients or any of their principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in "covered transactions" by any federal department or agency. "Covered transactions" include procurement contracts for goods or services awarded under a non-procurement transaction (e,9. grant or cooperative agreement) that are expected to equal or exceed $25,000, and subawards to Subrecipients for any amount. \Mth respect to covered transactions, the Subrecipient may comply with this provision by obtaining a certification statement from the potential contractor or subrecipient or by checking the System forAward Management {Fil!$#Sa.q..,qg.v/ maintained by the federalgovernment. The Subrecipient also agrees not to enler into any arrangements or contracts with any party on the Washington StateDepartment of Labor and lndustries' "Debarred Contractor List" {httpq/lgecureJniw,F.go.V/d"Fb*alqndpJfil(p{QqFtrep.lengnqrList.ggpX}. The Subrecipient also agrees not to enter into any agreements or contracts for the purchase of goods and services with any party on theDepartment of Enterprise services' Debarred Vendor List {hdo/&vlw.deawa,*ovlseryiqes/ContraqtingPurohasinqlQqFingsslPegqs,ry,Snd.gJ.Se"h3"fJne.ntAgg{). CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING As required by 44 CFR Part 18, the Subrecipient hereby certifies that to the best of its knowledge and belief: (1) no federally appropriated funds have been paid or will be paid by or on behalf of the Subrecipient to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement; (2) that if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influance an officer or employee of any agency, a Member of Congress, an officer or employee of Gongress, or an employee of a Member of Congress in connection with this Agreement, grant, loan, or cooperative agreement, the $ubrecipient 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 subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly, This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into and is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code, CoMPLIANCE WTH APPLTCABLE STATUTES. RULES AND DEPARTMENT pOLtCtES The Subrecipient and all its contractors and subrecipients shall comply with, and the Department is not responsible for determining compliance with, any and all applicable federal, state, and local laws, regulations, executive orders, OMB Circulars, and/or policies. This obligation includes, but is not limited to: nondiscrimination laws and/or policies, Energy Policy and Conservation Act (PL 94-163, as amended), the Americans with Disabilities Act (ADA), Age Discrimination Act of '1975, Title Vl of the Civil Rights Act of 1964, Civil Rights Act of 1968, the Robert T. $tafford Disaster Relief and Emergency Assistance Act, (PL 93-288, as amended), Ethics in Public Service (RCW42.52), Covenant Against Contingent Fees (48 CFR Section 52,203-5), Public Records Act (RCW 42.56), Prevailing Wages on Public Works (RCW 39.12), StateEnvironmentalPolicyAct(RCW43.21C), Shoreline ManagementActof 1971 (RCW90.58), State Building Code (RCW 19.271, Energy Related Building $tandards (RCW 19,27A), Provisions in Buildings for Aged and Handicapped Persons (RCW 70.92), and safety and health regulations. ln the event of noncompliance or refusalto comply with any applicable law, regulation, executive order, OMB Circular or policy by the Subrecipient, its contractors or subrecipients, the Deparlment may rescind, cancel, or terminate the Agreement in whole or in part in its sole discretion, The Subrecipient is 4.7 A.8 DHS-FEMA-EMPG-S-FY2O Page 11 of35 Ktttttas County Sheriff s Oftce " EzQ -27 O-Revised responsible for all costs or liability arising from its failure, and that of its contractors and subrecipients, to comply with applicable laws, regulations, executive orders, OMB Circulars or policies. A.9 CONFLICT OF INTEREST No officer or employee of the Department; no member, officer, or employee of the Subrecipient or its designees or agents; no member of the governing body of the jurisdiction in which the project is undertaken or located; and no other official of the Subrecipient who exercises any functions or responsibilities with respect to the project during his or her tenure, shall have any personal or pecuniary gain or interest, direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to be performed in connection with the project assisted under this Agreement. The Subrecipient shall incorporate, or cause to incorporate, in all such contracts or subawards, a provision prohibiting such interest pursuant to this provision. A.10 CONTRACTING & PRpCUREMENTa. The Subrecipient shall use a competitive procurement process in the procurement and award of any contracts with contractors or subcontrac{ors that are entered into under the original agreement award. The procurement process followed shall be in accordance with 2 CFR Part 200.318 General procurement standards through 200.326 Contract provisions, As per OMB Memo 20-17, certain procurement requirements have been temporarily exempted. For details, refer to the $pecial Terms and Conditions, Section 6(a). As required by Appendix ll 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 $250,000, 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. 2l 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 afiected and the basis for settlement. 3) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracis that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 must lnclude the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935,3 CFR Part, 1964-1965 Comp., p.339), as amended by Executive Order 11375, 'Amending ExecutivE Order ',1246 Relating to Equal Employment Opportunity," and implementing regulations at 41 GFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 4) Davis-Bacon Act, as amended (40 U.S.C, 3141-3148). When required by Federal program legislation, all prime construction contracls 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"). ln accordance with the statute, contrac{ors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. ln addition, contractors must be required to pay wages not less than once a week. The non-federalentig 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 contrac{s must also include a provision for compliance with the Copeland "Anti-Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, 'Contractors and Subcontractors on Public Building or Public Work Financed in Wrole 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, DHS-FEMA-EMPG-S-FY20 Page 12 of 35 Kittitas Coung Sheriffs Office, E20-270-Revised completion, or repair of public work, to give up any part of the compensation to which he or she is othenrvise 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 orlaborers 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 40 U.S,C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U,S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous, These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 6) Rights to lnventions Made Under a Contract or Agreement, lf 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, assignrnent 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 lnventions 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. 74O1-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended-Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 74Q1-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 8) Debarment and Suspension (Executive Orders 12549 and 12689)-4 contract award (see 2 CFR 180.220) must not be made to parlies listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p, 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or othenruise 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 cerlification. 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-federalfunds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. 10) Procurement of recovered materiale - As required by 2 CFR 200.322, a non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at40 CFR part 247 lhat contain the highest percentage of recovered materials prac'ticable, consistent with maintaining a satisfactory levelof compelition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded DHS-FEMA-EMPG-S-FY20 Page 13 of 35 Kittitas Coung Sheriffs Offrce, E20-270-Revised $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered matedals identified in the EPA guidelines. 11) Notice of federal awarding agency requirements and regulations pertaining to reporting. 12) Federal awarding agency requirements and regulations pertaining to copyrights and rights in data. 13) Access by the Department, the Subrecipient, the federal awarding agency, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, paper$, 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 (6) years afier 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 lhe state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub, L. 94-163, 89 Stat. 871). 16) Pursuant to Executive Order 13858 "Strengthening Buy-American Preferences for lnfrastructure Projects," the Department encourages Subrecipients to use, to the greatest extent practicable and consistent with the law, the use of goods, products, and materials produced in the United States in every contract, subcontract, purchase order, or sub-award that is chargeable against federal linancial assistance awards. b. The Department reserves the right to review the Subrecipient's procurement plans and documents and require the Subrecipient to make changes to bring its plans and documents into compliance with the requirements of 2 CFR Part 200.318 through 200,326. The Subrecipient must ensure that its procurement process requires contractors and subcontractors to provide adequate documentation with sufficient detail to support the costs of the project and to allow both the Subreciplent and Department to make a delermination on eligibility of project costs. c. All contracting agreements entered into pursuant to this Agreement shall incorporate this Ag reement by reference. A,11 DTSCLqSURE The use or disclosure by any party of any information concernlng the Department for any purpose not directly connected with the administration of the Department's or the Subrecipient's responsibilities with respect to seruices 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, 4.12 DISPUTES Except as othenrise 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 wrlting, 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 RELATION$ 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 subconlractors, 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, DHS-FEMA-EMPG-S-FY20 Page 14 of 35 Kittitas County Sh€riffs Office, E2&27G.Rev[sed 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 Deparlment; provided, that if the claims or damages are caused by or result from the concurrent negligence of (1) the Department, and (2) the Subrecipient, its agents, or employees, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the Subrecipient, or the Subrecipient's agents or employees, lnsofar as the funding source, the Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA), is an agency of the Federal government, the following shall apply: 44 CFR 206.9 Non-liabilitv. The Federal government shall not be liable for any claim based upon the exercise or performance ol 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. 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 $ignature representative and the Authorized $ignature representative of the Subrecipient or Alternate for the $ubrecipient, formally designated in writing, shall have the express, implied, or apparent authority to alter, amend, modity, or waive any clause or condition of this Agreement. Any alteration, amendment, modification, or waiver of any clause or condition of this Agreement is not effective or binding unless made in writing and signed by both parties' Authorized Signature representatives, except as provided for time extensions in Article A.3, Further, only the Authorized Signature representative or Alternate for the Subrecipient shall have signature authori$ 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, LOSS OR REDUCT|ON OF FUND|Nq ln 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, lhe Department may unilaterally reduce the work plan and budget or unilaterally terminate all or part of the Agreement as a "Termination for Cause" without providing the Subrecipient an opportunity to cure, Alternatively, the parties may renegotiate the terms of this Agreement under "Amendments and Modifications" to comply with new funding limitations and conditions, although the Department has no obligation to do so. NONASSIGNABILIW Neither this Agreement, nor any claim arising under this Agreement, shafl be transferred or assigned by the Subrecipient. 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, sexualorientation, religion, national origin, marital status, honorably discharged veteran or military status, or disability (physical, mental, or sensory) be denied the benefits of, or othensise be subjected to discrimination under any project, program, or activity, funded, in whole or in part, under this Agreement. 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. OCQUPATIONAL SAFEW/HEALTH ACT and WASHINGTON INDUSTRIAL SAFEffHEALTH ACT (os_lrnnmsrot The Subrecipient represents and wanants that its work place does now orwill 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 4.',14 A.15 4.16 4.17 A,18 A.19 DHS.FEMA-EMPG-S-FY2O Page 15 of35 Kittitas County Sheriff s Offi ce, E20-270-Rsvlsed 4.20 4.21 4.22 A.23 4.24 4.25 the Department and its employees and agents from all liability, damages and costs of any nature, including, but not limited to, cosls of suits and attorneys' fees assessed against lhe Department, as a result of the failure of the Subrecipient to so comply. oI JNERSH|p OF PROJECT/CAP|TAL FAC|LtTtES The Department makes no claim to any capitalfacilities 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 $ubrecipient. 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. POLTTTCAL ACT|VITY 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. PROHTBTT|ON AGATNST PAYMENT.,OF BONUS OR COMMTSSTON The assistance provided underthis 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 othenrise eligible as project costs. 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 originalwork 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 othenrrlise use, and to authoriie 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 the Assistance Listings Number (formerly CFDA Number), and a statement that the publication does not constitute an endorsement by FEMA or reflect FEMA's views. RECAPTURE PRgVtS|ON ln 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 lhe extent of noncompliance. Such right of recapture shall exist for the life of the project following Agreement termination. Repayment by the Subrecipient of funds under this recapture provision shall occur within 30 days of demand. ln 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 thereot including attorney fees from the Subrecipient. RECORDSa. The Subrecipient agrees to maintain all books, records, documents, receipts, invoices and all other elec{ronic or written records necessary to sufficiently and properly reflect the Subrecipient's contracts, subawards, grant administration, and payments, including all direct and indirect charges, and expenditures in the performance of this Agreement (the "records"). b. The Subrecipient's records related to this Agreement and the projects funded may be inspected and audited by the Department or its designee, by the Office of the State Auditor, DHS, FEMA or their designees, by the Comptroller General of the United States or its designees, or by other state or federal officials authorized by law, for the purposes of determining compliance by the Subrecipient with the terms of this Agreement and to determine the appropriate level of funding to be paid under the Agreement. DHS.FEMA.EMPG-S-FY2O Page 16 of35 Kittitas County Sheriffs Office. E20-270-Revised 4.26 4.27 A.28 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 norrnal 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 reguirement of six (6) years must be followed. RESPONSIBILITY FOR PROJECT/STATEMENT OF WORKMORK PLAN \Mtile the Department undertakes to assist the Subrecipient with the projecVstatement of worUwork plan (project) by providing federal award funds pursuant to this Agreement, the project itself remains the sole responsibility of the $ubrecipient. The Department undertakes no responsibility to the Subrecipient, or to any third party, other than as is expressly set out in this Agreement. The responsibility for the design, development, construction, implementation, operation and maintenance of the project, as these phrases are applicable to this project, is solely that of the Subrecipient, as is responsibility for any claim or suit of any nature by any third party related in any way to the project. Prior to the start of any construction ac{ivity, the Subrecipient shall ensure that all applicable federal, state, and local permits and clearances are obtained, including, but not limited to, FEMA compliance with the National Environmental Policy Act, the National Historic Preservation Act, the Endangered Species Act, and all other environmental laws, regulations, and executive orders. The Subrecipient shall defend, at its own cost, any and all claims or suits at law or in equity, which may be brought against the Subrecipient in connection with the project. The Subrecipient shall not look to the Department, or to any state or federal agency, or to any of their employees or agents, for any performance, assistance, or any payment or indemnity, including, but not limited to, cost of defense andlor 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. SEVERABILITY lf 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. $INGLE AUDITACT REQUIREMENTS (includino all AMENDMENTS) The Subrecipient shall comply with and include the following audit requirements in any subawards. Non-federal entities, as Subrecipients of a federal award, that expend $750,000 or more in one fiscal year of federal funds from all sources, direct and indirecl, 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, lndian tribe, institution of higher education, or nonprofit organization that carries out a federal award as a recipient or subrecipient. Subrecipients that are required to have an audit must ensure the audit is performed in accordance with Generally Accepted Government Auditing Standards (GAGAS) as found in the Government Auditing Standards (the Revised Yellow Book) developed by the United States Comptroller General and the OMB Compliance Supplement, The Subrecipient has the responsibility of notifying its auditor and requesting an audit in compliance with 2 CFR Part 200 Subpart F, to include the Washington State Audito/s Office, a federal auditor, or a public accountanl performing work using GAGAS, as appropriate. Costs of the audit may be an allowable grant expenditure as authorizedby 2 CFR Part 2AO/25. The Subrecipient shall maintain auditable records and accounts so as to facilitate the audit requirement and shall ensure that any subcontractors also maintain auditable records, The $ubrecipient is responsible for any audit exceptions incurred by its own organization or that of its subcontractors. Responses to any unresolved managementfindings 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 flndings within 30 days of the date of DHS.FEMA.EMPG.S.FY2O Page 17 of 35 Kittitas County Sheriffs Office, E20-Z7O-Revised request. The Department reserves the right to recover from the Subrecipient all disallowed costs resulting from the audit. After the single audit has been completed, and if it includes any audit findings, the Subrecipient must send a full copy of the audit and its Corrective Action Plan to the Department at the following address no later than nine (9) months after the end of the Subrecipienfs fiscal yea(s): Contracts Office Washington Military Department Finance Divlsion, Building #1 TA-20 Camp Murray, WA 98430.5032 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. Conducting a single or program-specific audit in compliance with 2 CFR Part 200 Subpart F is a material requirement of thisAgreement. ln 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 withhotding or disallowing of overhead costs; the suspension of federal awards until the audit is conducted and submitted; or termination of the federal award. A.zs S,UBREC|PIENT NOT EMPLOYEE The parties intend that an independent contractor relationship will be created by this Agreement. The Subrecipient, and/or employees or agents performing underthis 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, slate 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.3O TAXES, FEES AND LICENSES Unless otherwise provided in this Agreement, the $ubrecipient shall be responsible for, pay and maintain in current status alltaxes, unemployment contributions, fees, licenses, assessments, permit charges and expenses of any other kind for the Subrecipient or its staff required by statute or regulation that are applicable to Agreement performance. A.31 TERMTNATTON FOR CONVEN|EI{CE Notwithstanding any provisions of this Agreement, the $ubrecipient may terminate this Agreement by providing written notice of such termination to the Department Key Personnel identified in the Agreement, specifoing the effective date thereof, at least thirty (30) days prior to such date. Except as othenrise 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 whola 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 reseryes the right to suspend all or part of the Agreement, withhold further payments, or prohibit the $ubrecipient from incurring additional obligations of funds. ln the event of termination, the Subrecipient shall be liable for all damages as authorized by law. The rights and remedies of the Depadment provided for in this section shall not be exclusive and are in addition to any other rights and remedies provided by law. 4,32 TERMINATION OR SUSPENSION FOR CAUSE ln 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, DHS-FEMA-EMPG-S-FY20 Page '18 of 35 Kittitas County Sheriffs Otftoe,E2O-270-Revtsed A.33 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 notifu 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 othenrvise affect any other remedies available to the Department. lf the Department allows the Subrecipient an opportunity to cure, the Department shall notify the Subrecipient in writing of the need to take corrective action. lf the corrective action is not taken within ten (10) calendar days or as otherwise specified by the Department, or if such corrective action is deemed by the Department to be insufficient, the Agreement may be terminated in whole or in part. The Department reserves the right to suspend all or part of the Agreement, withhold further payments, or prohibit the Subrecipient from incuning 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, ln the event of termination, the Subrecipient shall be liable for all damages as authorized by law, including, but not limited to, any cost difference between the original Agreement and the replacement or cover Agreement and all administrative costs directly related to the replacement Agreement, e.g., cost of administering the competitive solicitation process, mailing, advertising and other associated staff time. The rights and remedies of the Department provided for in this section shall not be exclusive and are in addition to any other rights and remedies provided by law. lf 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". TERMINATION PROCEDURES ln 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 lhis 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. lf the termination is for convenience, the Department shall pay to the Subrecipient as an agreed upon price, if separately stated, for properly authorized and completed work and geruices rendered or goods delivered to and accepted by the Department prior to the effective date of Agreement termination, the amount agreed upon by the Subrecipient and the Department for (i) completed work and services and/or equipment or supplies provided for which no separate price is stated, (ii) partially completed work and services and/or equipment or supplies provided which are accepted by the Department, (iii) other work, services and/or equipment or supplies which are accepted by the Deparlrnent, 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. lf the termination is for cause, the Department shall determine the extent of the liability of the Department. The Department shall have no other obligation to the Subrecipient for termination, The Department may withhold from any amounts due the Subrecipient such sum as the Department determines to be necessary to protect the Department against potential loss or liabilig. 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 Depadment, 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 DHS-FEMA-EMPG-S-FY2O Page 19of35 Kittitas County Sheriffs Offi ce, E20-270-Revised 4.34 A.35 A.36 so terminated, in which case the Department has the right, at its discretion, to seftle or pay any or all claims arising out of the termination of such orders and contracts; d. Settle all outstanding liabilities and all claims arising out of such termination of orders and contracts, with the approval or ratification of the Department to the extent the Department may require, which approval or ratification shall be final for all the purposes of this clause; e. Transfer title to the Department and deliver in the manner, at the times, and to the extent directed by the Department any property which, if the Agreement had been completed, would have been required to be furnished to the Department; f. Complete performance of such paft of the work as shall not have been terminated by the Department in compliance with all contractual requirements; and g. Take such action as may be necessary, or as the Department may require, forthe 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. uTtLtzAlroN OF MtNORtTy AND WOMEN BUSTNESS ENTERPRTSES ru\ /BEl The $ubrecipient 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 M\IVBE goals, as identified in WAC 326-30-041. 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. 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 tne Agreement or to exercise any right based upon a breach thereof, or the acceptance of any performance during such breach, shall not constitute a waiver of any right under this Agreement, DHS.FEMA-EMPG-S-FY2O Page 20 of 35 Kittitas County S heriff s Affice, E20-270-Revised Attachment G WORK PLAN FY 2020 Emergency Management Performance Grant COV|D.19 $upplemental Sherlffs The purpose of EMP6-S funds ls to assist state. local, and tribal emerg€ncy management actlvlties supponing the preventlon of, preparatlon for, and response to the onSoing Coronavlrus Disease ZO19 (COVID-Ig) publlc heahh emelg€ncy, Funding wil! be used to support plannang and operataonal readlness lor covlD-lg preparedness and response, development ol tools and strategles for prevention, prepar€dness, and response, and ongoing commun&atlon and coordinatlon among federal, state, local, trlbal, and terrltorlal partn€ni throughout the response. EMPG-S grant funds are *ntended to support the National Preparedness 6oal and fund activities and projects that build and sustain the capabilitler nec€ssary to preven! protect against, mitigate the effects of, respond to, and recover from thos€ lhreats and harardr that pose the greatest rlsk to the securlty of the Natbn. I 2 t ! tont( FtAtNEo RESUIT OF IIIE WORK Purchase a refrlgerator to store wcclnes" lhls wlll be housed at Ktttltar county Publ:c Healdi. AELl 19GN-m'RFGR ?he refrlSerator wlll b€ ured to iafely store flu rracclnes that wlll b€ glv€n et drltte-througft vacdnatlon slt€s, By maklngthe flu vacdne e\ralltble end ac€$rlbl€, Xlttltas County wlll b€ able to provlde yacclnatlonsto resldents, whidl will reduce the number of people needing to utillre the healthsare syst€m a$ a rcrolt ofconuactlng the flu. Ulumat€ly, thls reduoes the burden on the healthcara rFtem (more avallable hoipltal b€d$, stt,), allowing for the treatment of more COVID-lg pati€ntt at nseded, Addit'lonally, the refiigerator wilt bc ur€d to store the COVI&lg vacclnaUon, whan avallable, to 3llpport r COVID.19vacdnatlon drlrre- through, 8y makint vaccinationreasily accessible and vaoclnating mors peoph, the county b able to pot€ntlally reduoe overbuldening the heahh cere system and batter manage the rpread of the vlrus. irtoii!,r,rt Arri di I l:i tcrt llt,.tdtrolnlnS woRK PtAt{t{Eo RESUTT OF THE WORX Purchis€ two flt tcst klb. AEL: OfAR.o7.FTSr the te3t klt3 wlll provlde thi cepablllty to contlnue to prop€rv fit test thos€ who need to wear N95 masks when respondlng to a COVID-l9 lncHent. fraln personnel how to use the fit test klE.Ftrst responders who need to u&ar N95 masks can ensute proper fh to rvold potentlal exposur€ to vlru$, WORK PLAIINED RESUTT OFTHE WORK Purchare equlpment and suppliesto,nanage drlv€ through raocine and testlnS slter. 'Purch.s€ r#€ty v6ts for employees and wlunteer- AEk 012A.06-VESI 'Purchae Sariers to direct vehkhs: 14S!tl-01-WAtL 'Purchase generator$ for powerlng, llght3, heeters, laptops at drlv€ throuth lest locetlon3. 10GE-oGGENR Kittitas €ounty's m6i vaelnition end mawtesting plans include utllizlng wraparound drive throu8h clinics. The equhment purches6d tfirough EMPG-S will Eo towards COVID testlng and hter COVID viccination, and will provlde effecdve cootdlnaUon at the drive through testing sitee, n1 ri.r', lll Tlll,, ir{r:1.;r.t1 .1r{:,t :l I Trljr., DHS.FEMA.EMPG-S-FY20 Page21 of35 Kittilas County Sherilfs Qffice, E20-270-Revised Attachment D TIMELINE FY 2020 Emeraency Manasement Performance Grant COVID-19 S uprlemental DATE TASK January 27,2020 Grant Agreement Start Date January 31,2021 Submit reimbursement request July 31 ,2021 Submit reimbursement request December 31,2021 Grant Agreement End Date February 15,2022 Submit final reimbursement request, final report, and/or other deliverables. DHS.FEMA-EMPG.S-FY2O Page 22 of 35 Klttitas County Sheriffs Offtce, E20-270-Revised Attachment E BUDGET FY 2020 Emergency ManaEement Performance Grant COVID-l9 Supplemental 2OEMPG.SAWARD $L4,144 soruTroN AREA BUDGETCATEGORY EMPGAMOUNT MATCHAMOUNT Salaries & Beneflts Overti ces Diem 25 Salaries & Overti ckfi I I Consultants ntra ctors Goods & Services 9 Subtotal Salaries & Overti ckfi I I $ Cons ulta 6oods & Services (L J CTut 5,000 s Sa la ckfi I I oU E Goods & Tra Dlem subtotal lndi rect Indlrect Cost Rote on ENt AMOUNT: The Subrecipient will provid€ a match of $14,144 of non-federal origin, 50o1o ol the total project cost (local budget plus EMPG-S award). Cumulative transfers to budget categories in excess of loola of the Grant Agreement Amount will not be reimbursed without prior written authorization from the Department. Funding Source: U.$, Department of Homeland Security - Pl# 703PS - EMPG-S 5 5 _s_ "", Itau Travel Con Tr (t2z2 s4 zo l- s =(!, 0co (p =z o2F r5 s a a DHS.FEMA-EMPG.S-FY2O Page 23 of 35 Kittitas Coung Sheriffs Offrce, E20-270-Revised Attachment F 2OEMPG€ Award Letter EMS -2020-EP-00009-S01 Airerdiaitri U S, Department of Homeland Security Washrnglon, O C.2A472 Tirzah Kincheloe Military D epa rtmBnt, Washington Stale 20 Aviatron Drive Buildrng 2tl Camp Murray,WA98438 - 5,l22 R e, G ra nl No.EMS-2t120- EP"00mg Daar Tirzah Kincheloe: Congratulalions. on behalf of lha Department of HomEland Security, your applhation for financial assrstanca submitted under lhe Ftscal Year (FY) 2u20 Emerganry Managemeni Performance Grant Program COVID-19 Supplementa! (EMPG.S) has been approved in lhe amount of $2,126974.00. As a condilion of this award, you are requlred lo contrrbute a cost malch in thB amountolt2j%974.000f non-Federalfunds,orS0percenlof thetotal apptovsdpro1eclcos{sof$4,253,94800, Before you request and receiv e an y of lhe Fe de ra I funds awarded to you , you mu st eslablish acc€ptance of the award. By accepting lhis award, you acknowledge lhat the terms of the followrng documents are incorporaled inlo lhe lerms of yrrur award. . Agreemenl Articles (atlached to lhis Award Letter). Obligating Document (atlached to this Award Letter) ' FiscalYear (FY) 2020 Emergency Managament Perfomance Grant Program COVID-19 Supplemental(EMPG-Q Notice of Fundin g Opporlunity. Please make sure you tEad, under$and. and maintain a copy of lhese documents in your official file for this award ln orderlo establish acceplance of lhe award and ils terms, please followlhese inslructions: Step 1: Please log in to tha ND Grants syslem at https://porlal.fema.gov Slep 2:Afler logging in, you will see lhe Home page with a Pending Tasks menu. *lick on lhe Pending Tasks menu, selecl tbe Application suh-rnenu, and ttren click lhe link for'Award Ofier Review" tasks. This linkwill navigale you to Award Packages thal are pending rsview. Slep 3: Click th e Rev iew Awatd Packa ge icon (wren ch) to revisw the Award Packa ge a nd a cce pt or de cline the awa rd. Please save 0r printlhe Award Package for your rgcords. Sy$em forAward Managemenl (SAM!: Grant recipients arelo keep all of lheirrnformation up lo date in SAM,in parlicular, your organizalion's name, address. DUNS number. EIN and banking information. Hease ensure thal the DUNS number used in SAM is tha same cne used to apply for all FEMA awards" Future payments wifl be contingent on lhe information provided in lhe SAlvl: fretefore, it is imperative lhaithe informatlon is correcl. The System forArvard Management is localed at h!&,ff \./YW.$am.s0v, lf you have any questions or have u know as €dr0n as possible, This wiFl pr0csss. pdated your information in SAlr4, please let your Grants Manegemenr Specialist (GMS) halp us to make the necessary updalas and avoid any interruptions in lhe p aymenl DHS-FEMA-EMPG.S-FY2O Page 24 oi 35 Kittitas Co ung Sherilf s Qtfice, E2Q -27 0-Revised BRIDGET EIIEN BEAN GPD AssisantAdministrator DHS-FEMA-EMPG-S.FY2O Page 25 of 35 Kittitas County Sheriff s Affice, E20-270-Revised U.S. Department of Homeland Security Washington. O.C.29472 AGREEMET{T ARTICLES FlscalYaar (FY! 20fl Emergency Management Performance Grant Program COVID-|9 Supplemental{EMPG-$ GRAI{TEE: PROGRATTII: AGREEMEI{T NUMBER: &ticle I tulicle ll Aticle lll Arlicle lV Arlicle V Adicle vl Article Vll Alicle Vlll Alide lX Article X Adicle Xl &licle Xli Anicle Xlll Mililary Department. Whshington Stale FiscalYeat (FY) 2020 Emergency Men a ge menl Performance G rant Program COVID-I 9 Suppleme nta! (EMPG-S) EMS-2020-EP-00009S01 TABTE OF CONTENTS Sum mary of Award Activ ities Condu cled Abro ad Reponing of Matlers Related lo Recipienl lntegrily and Perfolmance Trafficking Victims Protec'lion Act of Xl00 (l-\tr{ Federal Leadershrp on Reducing Texl Messaging while 0riving Debarment and Suspension Fly America Acl of 1974 Amedcans wrih Disabilities Act of 1W0 Duplication of Benefils C opyright Civil Rights tul of '1968 Bast Practices for Colleclion and Use of Psrsonally ldentifi able lnformatio n (Pll) Limited English Froficiency (Civil Righls Acr of 1964, Title Vl) DHS.FEMA-EMPG.S.FY2O Page 26 ot 35 Kittitas County Sheriffs Otfice, E20-Z70-Revised Article XIV Article XV Article XVI Article XVll Article Xvlll Artiole XIX Article XX Adicle XXI Aflicle XXll Article XXlll Artiole XXIV Adicle XX/ Arlicle )(X/l Article )O$/ll Article )O0/lll Article XXIX Article )0C( Article)0C{ Article $0(ll Article X)O(ll ArlicleX)C(lV Artiole )OC(V Article XXXVI Hoteland Motel Fire Safety Act of 1990 Disposition of Equipment Acquired Under the Federal Award Patents and lntellectual ftoperty Rights DHS Specif ic Acknowledgernents a nd Assura nces Procuremenl of Recovered Materials Terrodst Financing Civil Rights Ad of 1964 - Title Vl Prior Approval for Modification of Apprwed Eludget Acknowledgement of Federal Funding from DHS Aoceptance of Post Award Changes Rehabilitation Act of 1973 False Claims Act and Program Fnud Civil Remedies Nondiscrimination in Matters Perhining to Faith-Based Organizations Lobbying Prohibilions Education Amendrnents ot 1972 (EqualOpportunity in Education Act) - Title lX Age Discrimination Act of 1975 National Environrnental Policy Act Assurances, Adminislrative Requiremenls, Cosl Principles, Representations and Certiflcatiors USA PATRIOT Act of 2001 Non-Supplanting Requirernerrt Drug-Free Worlplace Regulations Universal ldentifier and Sydem cf Award Managemer{ Reportiry Subawa rds a nd Executive Compensatlon DHS.FEMA-EMPG.S-FY2O Page 27 of35 Kittitas County Sheriffs Offi ce, E20-270.Revised Article XXXVII Article )00(Vlll Article )OO(lX Article XL Article XLI Article XLll Ermrgy Policy and Conserualion Act Whistleblower Protection Act Federal DEbt Status Use of DHS Seal, Logo ard Flags Notice of Funding Opportunity Requirements SAFECOM Artlcle I - Summry of Amrd \Ahshin$on State Military Department is awarded a total federal allocation in the amount ol $2,1ffi,974.00 under the Fiscal Year 2020 Emergency Management Performance Grant Program COVID-19 Supplemerfial (EMPG,S) to assist with puHic health and emergerny managernent activities supporting the prevention of, preparation for, and respon$e:o the ongoing Coronavirus Disease 2019 (COVID-19) public health emergency, in acoordanoe with the Coronavirus Aid, Relief, and Economic Securi$ (CARES) Act, Div. B (Pub. L. No. 116-136). Artlcle ll - Ac'tlvltles Conduc'ted Abroad Recipients must etsure llnt poject activities carried on outside the United States are coordinated as necessary with appropriate governmerrt authorities and that appropriate licenses, permits, or approvals are obtained Artlcle lll - Reportlng of illffters Related to Reclplent lntegrlty and Peformance lf the total value of any currently active grants, cooperative agreen€nts, and procuremerrt oontracts from all federal awarding agenoies exceeds $10,0(D,000 for any period of time during the period of performance of this federal awald, then the recipients must comply with the requirements set forth in the government-wide Award Term and Condition for ReciFient lntegrity and Perlormarne Matters located at 2 C.F.R. Fart 200, Appendix Xll, tle full text of which is irnorporated here by reference in lhe award terrns and conditions. Arflcle lv - Tratficktng vlctlms Protecuon Act of 2000 (wpA) Reciptenta must comply with tle requirenrnts of the government-wide financial assistance award term whioh implements Seclion 1 06(9) of the Trafficking Victims Protection Act of 2000 ||VPA), oodified as anended at 22 U.S C. section 71 04, The award term ts located at 2 C.F.R, section 175.15, the full iext of which is incorporated here by reference. Artlcle V - Federal Leadershlp on Reduclng Text lvlessaglng wftlle Orlvlng Recipients are enmuraged to adopt and enforce policies that ban text messaging while driving as describ€d in E.O. 13513, including conducting initiatives described in Section 3(a) of the Order when on official government business or when perlorming any workfor or on behalf of the federal government. ArtlcleVl - Debarment and Suspenslon ReciFxents are suiiect to ttE non-procurernent debarment and suspension regulations implemeriting Exedltrve Orders (E.O.) 12549 and 12689, which are at2 C.F.R. Part 180 as adopted by DHS at 2 C.F.R. Part 3000. These regulalions restric't federal financial aesistance awards, subawardq and contracts with certain parties that are debarred, suspended, or othenrise excluded from or lneligible for partcipation in federal assislance programs or aotivities. DHS.FEMA.EMPG-S-FY2O Page 28 of 35 Kittitas County S heriff s Otfice, E20-27 0-Revised Artlcla Vll - Fly Arrerlca Act of 1974 Recipients must comply with Preference for U.S. flag Air Carriers (air carriers holding certificates under 49 U.$.C. section 4'11021for lnternetional air transportation of people and property to the extent that such service is available, in accordance with the lnternatrcnal Air TrarBportation Fair Competitive Practices Act of 1974, 49 U.S.C. section 401 '18, and the interpretative guidelines issued by the Comptroller General of the United States in the March 31 , 1981 , arnendrent to Comptroller General Decision B-1 38942 Artlcle Vlll ' Arnrlcans wlth Dlsabllltles Aci of 1990 Reciprients must comply with the reguiremenls of litles l, ll, and lll olthe Anericans wilh Dlsabi/rties ;4r( Pub. L No. 101-336 (1990) (codified as amended at 42 U-S.C. sections 12101-122131, whrch prohibits recipients from discriminatng on the basls of disability in the aPeration of public errtitbq public and private trarnportation systerr, places of public accomrnodation, and certain testirg entities. Artlcle lX . Dupllcatlon of Benefits Any oost allocable to a particular federal finarrjal assistance award prorided for in 2 C.F,R. Paft 200, Subpart E nny not be charged to other federal f,nancial assistance awards to overcome fund deficierrcies; to avoid reshictions imposed by federal statutes, fegulatione, or federal linanclal asslstance award terms and cond'tions, or for other reasons. However, these prohibitions would not preoltde reciplents from shiflirg costs thal are allowable under two or more awards in acoordance with existing federal statutes. regulalions, or the federal flnancial assislance award terms and conditrorp, Artlcle X. Copyrlght Reoi6ients must afiix the applicable copyright notices of 17 U S.C. sec{ions N1 or Ao2and an acknowle@ement of U $, Governmertt sponsorhip (including the award number) to arry work first produced under federal financial assislance awards. Artlcle Xl - Clvll Rlghts Act of 1968 Recipients must comply wtth Title Vlll of the Civil Rights Act of 1968, Pub" L. No. 90-284, as amen@d through pub. L 113.4 which prohibits recipients from discriminating in lhe sale, rental, lTnancing, and adverti$ing of dwe*irgs, or in the provislon of services in connec-tion thersivith, on the basis of race, color, natiornl origin, religion" disability, familial status, and sex (see 42 U"S.C. section 3601 etseq.), as imflemented bythe U.S. Department of Housing and Urban Development at 24 C F.R Part 100. The prohibition on disability discrimination includes tho requirernent that n6w multifamlly houeing with four or rmre dflelling units-i.e., the public and common use areas and individual apartment units (afl units tn buildingo with elevalors and ground-flmr unlts in buildirBs without elevators)-be designed and constructed with certain accessibte teatures. (See 24 C,F.R. Part'100, Subpart D.) Artlcle Xll - Beet Practlces fot Collecllon and Use of Personally ldentlllable lnfornntlon (Plt) Reciplents who collect Pl! are required to have a publicly available pnvaa1 policy frat describes standards on the usage and maintenance of the Pll they collect. DHS defines personally identifiable informalion (Pll) as arry infor.nation that p€rmns the ldentity of an individual to be direc'tly or indirectly inferred. inclr.rding arry inforrnation that ls hnked or linkable to that indtvidual, Recipients may also find the DHS Privacy lmpact Assessrnenls: Privacy Guidance and Pfvacy Template as useful resources respeclively, Artlcle Xlll . Llmlted Engllsh Proflciency (Clvll Rlghts Act ot 19Grt, Ttfle M) Recipients must comFy with Title Vl ol the civrl Righb Act of 1964, (42 u.s.c. sechon 2000d et seq ) prohibition against discrimination on the basis ol nalional ortgln, which requires that reciprients of federal finarnial assistance lake reasonable steps to provide meaningful ae,cess to persors with limited English proficiency (LEP) to thetr programs and services. For addltional assistance ard lrrformation regardirB language access obligations, gease refer to the DH$ RecipierrtGuidance;r*pEljwlftfl-{$ls.flsdgridsnce-f.Sli$iperelp,gem$gU*Sruqfruft+l;g+CnL@ peoplelimited and additional recources on httl;lAruU&W DHS-FEMA,EMPG-S-FY2O Page 29 of 35 Kittitas County Sherifls Qlfice, E20-270-Rsvised Artlcle XIV - Hotel and ll/btel Flre Safety Act of 1$0 ln accordarpe with Section 6 of the Hotel and Motef Fire Safety Act of 1990, 15 U S.C. section 2225a, reciprents must ersure that ali mnference, meeting, corvention, or training space funded in whole or in part with federal funds complaes with the fire prevention andcontrol guideliresof the Federal Fire Frevention ard Control Act of 1974, (codified as amended at 15 U.S C. seotion 2225,) Artlcle XV. Dlsposltlon of Equlpment Acqulred Underthe F€deral Aulard \A/hen original or re$acenent equiprnent acquired under this award by the recipient or its subrecipierfs is no lorger needed for the original project or program or for other activities currently or previously supported b/ DHS/FEMA, you musl request instructions from DHS/FEMA to make proper disposition of lhe equipnent pr.rrsuant to 2 C,F.R. Section 200.313 Artlcle XM . Patents and lntellectual Proporty Rlghts Recipients are suhject to the Bayh-Dole Act, 35 U.S.C. section 200 et seq, unless otherwise provided by law. Recipients are sub;ect h0 the specific requirernents governing the development, repoiling, and disposition of rights to inventions and patents resulting from federal financial assistarrce awards located at 37 C.F.R. Parl 41 and the standard patent rights olause located at 37 C.F.R. section 4O1.14. Articlc XMI . DHS Specific Acknowledgements and Assuranceg All reclpients, subrecipients, successors, tnnsferees, and assignees must acknowledge ard agree to comply with applicable pro/isions governing DHS access to remrds, accounts, doouments, information, facilitieq and staff. '1. Recipients rnust cooperate with arry compliance reviews or compliance irwestigatlons conducted by DHS. 2. Reclpiants must give DHS acoess to, and the ilght to examlne and copy, recordq accounts, and other doc*lments and souroes of information related to the federa! financlal assistance award and permrt access to facilities, personnel, and other indviduals and anformation as rnay be necessary, as required by DHS regulalions and other applicable laws or program guidance. 3. Recipients must subrnit timely, complete, and accurate reports to tle appropnate DH$ ofiioials and maintain appropriate backup documentation to support the reports. 4, Recipients must comply with all other sp€cial reporting, data collection, and evaluation requirements, as pescribed by law or detailed in program guidance. 5. Recipients of federal financial assistance from DHS must complete the DHS Civil Rights Evaluation Tool within lhirty (30) days of receipt of the Notice of Award or, for State Administering Agencle$, thirty (30) days from receipt of the DHS Civil Rights Evaluation Tool from DHS or its awarding cornponent agency. After tte initial submission for the first award under which this tenn apflies, reoipients are reguired to provide this information orce every two (2) years as long as they have an active award, not every time an award is made. Recipients should submit the completed tool. irrcluding supportirE materials. to Sit!fii$[pEtqllpii0*&h$.Ce-gsg. This tool clarifies the civil rights obligations and related reporting requirements conbined in lhe DHS Standard Tenns and Conditions. Subreoipients are not required to complele and submit this tool to DHS. The evaluation tool can be found at htFpjAftnrd-dhsgcry&lbE6eliord*B"ciyg{0f{Scl"$lr,lfig$ruF0{. 6. The DHS Office for Civil Rights and Civil Libsrties will consider, in its discretion, granting an extension if the recipient identifies steps and a timeline for competing the tool" Recipients should request extensions h7 emailing the request to QiyllFiOhtn€ygfiHttsfrdnfg"5fu"lpg prior to expiration of the 3Gday deadtine. Artlcle XVlll - Procurement of Recovered FJhterlals States, political subdNisions of states, and their contractors mr.rst comply with Section 6002 of the Solid Waste Disposal Act, Pgb. L. No 89-272 (1965), (codified as anended by the Resource Conservation and Recovery Act, 42 U.S.C. section 6962 )The requirernents of Section 6002 irclude procuring only rtens designated in guidellnes of tte Environmental ftotection Agency (EPA) at 40 C.F.R. Patt247 that contain tre highest percentage of recovered materials practioable, consistent with maintaining a satisfactory level of competition. DHS.FEMA.EMPG-S-FYzO Page 30 of 35 Kittitas County Sheriff s Officf, E2}-Z70-Revlsed Artlcle XIX - Terrorist Flnanclng Recipients must comdy wrth E.O. 13224 and U.S. laws that prohibit transactions with, and the prwisions of resources and suPport to, individuals and organizations associated with terrorism, Recapients are legally responsiHe to ensure comptiance with the Order and lawe Aructe XX - Ctvil Rlghts Act of 198{ - Ttilo Vt Recipents must comdy with the reguirenrents of Title Vl of the Civil Rights Aot of 1964 (codified as amended at 42 U.S.C. section 2000d et seq.), whioh provides that no person in the United Strates will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or aotivity receiving federel financial assistance. DHS implernenting regulations for the Act are found at 6 C.F,R, Parl2t and 44 C.F.R, ?arl7. Article XXI - Prlor Approvalfor lllbdification of Approved Budget Before nnking any change to the DHS/FEMA approved buQet for this award, you must request prior written approval from DHSIFEMA where required by 2 C.F,R. Seclion 200,308. DHS/FEMA is also utilizing its dscretion to impose an additional restriotion under 2 C F.R Seotion 200.308(e) regarding the transfer of funds among direct cost categories. program$, functions, or activities. Therefore, for ailards with an approved budget where the Federal share is greater than the simplfied acquisition lhreshold (ourrently $250.000), you may not transfer funds among direot cost categortes, progrann. functions, or achvilies wtthout prior written approval from DHS/FEMA wlrere the cumulative amount of such transfers exceeds or is expected to exceed ten percent (10%) of the totai budget DHS/FEMA last approved You must report any deviations from your DHS/FEMA approved hudget in the first Federal Financial Report (SF-425) you submit following arry budget deviation, regardless of whether the budget deviation requires prior wntten approval. Artlcle XXll. Acknowledgement of Federal Fundlng lrom DHS ReciFient$ must ackmwledge their we of federal fundtng when issuing statements, press releases, requests for proposal, bid invitations, and other documerrls desorihing projects or prograrns funded in whole or in part with federal funds. Artlcle Xxlll . Acceptance of Post Asard Changer ln the event FEMA deterrnines that changes are nec€ssary to lhe award docurnent after an award has been made, including changes to period of performance or terms and corrditions, reci6f ents will be notified of the changes ln writirg. Once notification has been made, arry subsequent request lor funds will indicate reciFient acceptance of the charrges to the award. Please call the FEMA/GMD Call Center at {866) 927-5646 or via e-rnail lo As(:8u8@Jema.dlqgov if you have any questiorn Artlcle XXIV - Rehabllltadon Ac-t ol l9?3 Recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, Pub. L No. 93-112 (1973) (oodified as anended at 29 U.S.C. secfion 794,) which provides that no otheruvise qualified handtcapped individuals rn the United States will, solely by reason of the handicap be excluded from participation in, be denied lhe benefits of, or be subjected to discrimination under any program or aclivity receiving federal financial assistance. Aftlcle XXV - False Claims Agt and Program Fraud Civll Renedles Recipients must comply with the requirenents of the Fabe Claims Act, 31 U.S,C sections 3729-3733, which prohibits the submission of falee or frauduled clairns for payment to the federa! government, (See 31 U.S.C. sections 3801-3812, which details the administratlve remedies for false clains and statements made.) Artlcle XXVI - Nondlscrlmlnatlon ln ltihtterc perlalnlng to Falth.Based Organlzatlons It is DHS policy to ensure the eqr.nl beatmerrt of faith-based organizations in social seryioe prograrns administered or supported by DHS or its comporent agernies, enabling those organizations to perticipate in providirg important social DHS.FEMA-EMPG-S-FY2O Page 31 of35 Krttitas County Sheriff s Otfice, E?O-270-Revised servic€s to beneficiaries, Recipients must comply with the equal treatment policies and requirencnts contarned rn 6 C F"R. Part 19 and other applicabfe statues, regulatiors, and guidance governrng the pa.trcipations of faith-based organizations in indivrdual DHS programs, Artlcle xxvll - Lobbylng Prohlbltlons Reclpients must cornply with 31 U.S,C. sec'tion 1352, which provides hat none of the furxJs provided under a federal financhl assistance award may be expended by the reciprient to pay arry person to influenoe, or attems to influence an ofricer or employee of any agency, a Member of Congress, an officer or employee of Gongress, or an employee of a Member of Congress in connection with any federal aolion related to a lederal award or contraot, including any extension, mnlinuation, renewal" amendment or modification, Article XXVlll - Educffon Arnendrmnts ot 1972 (Equal Opportunity ln Educatlon Act) - Tlfie lX ReciprientsmustcomflywiththerequirementsofTitlelXoftheEduoationAmendmentsot1972,fub L.No 92-314(1972) (codified as amended at 20 U.S.C section 1681 et seq.). which prcvide that no person in the United States wjll, on the basis of sex, be excluded from participation in, be denied the benelrts of, or be subjected to discrimination under any educational program or activity receiving federal financial assistance- DHS implementing regulations are codified at 6 C F.R Fart i7 and 4C.F"R. Part 19, Artlcle XXIX - Age Dlscrlmlnaflon Ac,t of t975 Recidenls must comply with the requiremenls of the Age Disorimination Act of 1975, Pub. L. No. 9,+135 (197b) (cod:fied as amended at Title 42, U S, Code, section 6101 et seq.), which proh;bits discrimination on the basis of age in arry program or activity receivirg federal f ina noial assistance. Artlcle XXX - Natlonal Envlronmental PollcyAct Recipients must compy with the requirements of the National Ervironmental Poricy Ac1 of 1969 (NEPA), tub L No 91-1S0 (1970) (codified as amerded at 42 U.S,C. section 4321 et seq.) and the Council on Environmental Quality {CEQ) Regulatlons for lmpementing he Procedural Provisions of NEPA, which require recipients ts use al{ practicable rneans within their authority, and consistent with other essential consideratiors of national polioy, to oreate and mainlain conditions under whioh people and nature can exist in productive harmony and fulfilt lhe rccial, economic. and other needs of present and luture generations of Arnericans. Artlcle XXXI - Assuranc€sr Admlnlstratlve Requlrements, Cost Prlnclplee , Representatlons and Cerffflcafions DHS financial assistance recipients must complete eitherthe Oflice of Management and Budget (OMB) StandardFo(m 4248 A$uranoes - Non.Construction Programs, or OMB S:tandard Form 424D Assurances - Construction Programs. as applioable Certain assurances in these documents may not be applicable to your program, and the DHS financial assistiance ofiice (OHS FAO) may require appticants to certi& additional assurances. Applicants are required to fill out the assurances applicable to their program as instructed by the awarding agenoy. Please contact the DHS FAO if you have arry questions, DHS financial assistance recipients are required to follow the applicable provisions of the Unrform Admrnistratjve Requirements, Cost Principles, and Audit Requirements for Federal Awards located at Title 2, Code of Federal Regulations (C F.R.) Part 200, and adopted by DHS at 2 C.F.R. Part 3002. Article XXXII . USA PATRIOT Act of 2001 Recipients must comply with requ:remenb of Section 817 of tire Uniftng and Strengthening Amerrca by Prwidrng Appropriate Tools Required to lnterceil and Obstruct Terrorism Act of 2001 (USA PATRIOT Act), Pr.rb. L, No. 107-56, whicfrarnends 1B U.S.C sections 1 75-1750. Article Xfilll - Non-Supplsntlng Requlrement DHS.FEMA-EMPG"S.FY2O Page 32 of 35 Kittitas County Sheriff s OJftce. E20-270-Revised Recipients receiving federal finarrcial assistanoe awards made under p(ograms that prohibit supplanting by law must ensure that federaf fuMs do not replace (supplant) funds that lave been budgeted for the sarne purpose through norrfedera! sources. Artlcle XXXM . Drug-Free Workphce Regulafl ons Recipents must comply with drug'free workplace requirements in $ubpart B (or Subparl G, if the reciptent ts an indavidual) ol2 C,F,R.l%rt300l.whichadoptstheGovernnent-wideimplennntation(2C,F-R Part182)ofSec,5152-S1SSoftheOrr.rgFree Workplace Act of 1988 {41 U-S"C. seotions 8101-8106). Article XXXV. Universal ldentlfler and System of Award lllhnagement Recip*ents are required to compty wlth the requirernents set forth in the government wlde frnancnl assistance award term regarding the System for Award Management and Universal ldentifier Requiremenls located at 2 C.F,R. Fart 25, Apperdix A, the full text of which ;s incorpomted here by reference, Artlcle XXXVI . Reportlng Subawads and Executlve Compensafion Recipients are requ,red to compty with the requirernents set forth in the government-wrde award tenn on Reporting Subawards and Executive Compensat:on located at 2 C F.R. Part 170, Appendix A, the full text of which rs incorporated here by reference in tl'e award terms and conditions, Artlcle XXXVII - Energy Policy and Conscrvation Act ReciSients musi compy with the requirements of the Erergy Policy and Conservatjon Aot, Pub. L. No, 94- 163 (1S75) (codified as amended at 42 U.S C sectton 6201 et seq.), which contain poJicies relating to energy efflclency that are def:ned in the state energy corservation flan issued in compliance with this Act. Artlcle XXXVlll ' Whlstleblower Protectlon Act Reapients must comply with tle statutory requirenrents for whistleblower protections (rf applcable) at 10 U.$.C secfion 2409, 41 U.S C section 47'12, aN 10 U,S.C. sec,tion 7324, 41 U.S,C. sections 4304 and 4!10. Artlcle XXXIX . Federal Debt S-tatus All rectplents are required to be non=delinquent in their repayment of arry federaf deH. Examples of relevant debt imlude deltnqueril payroll and othertaxeg audit disaliowances, and benefit overpayments- (See OMB Circular A-129.) Article XL - Use of DH$ Seal, Logo and Fhgs Recipients must obtain permission lrom their DHS FAO prior to using the DHS seal(s), logos, crests or reproduotions of flags or ltkenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials. Artlcle XLI . Notlce of Fundlng Opportunity Requlrements All the instrucbons, guldance, limitations, and other conditions set forth in the Notice of Funding Opportunity (NOFO) for this program are incorporated here by reference in the award ternn and conditlons. All reciprierfis must comply with arry such requirements set forthin the program NOFO. Article XLll . SAFECOM Recipients receivlng federal linancial assistance awards made under programs that provide emergenoy communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Gommunication Grants, including provisions on technical standards that ensure and enhance interopenable communicatiore. DHS-FEMA-EMPG-S.FY2O Page 33 of 35 Kittitas County Sherrff s Office, E20 -27 0-Revised Personnel Fringe Elenefits Travel Equiprnent Supplies Contractual Constructron lndrrect Charges Olher BUDGETCOSTCATECORIES $488,627.00 s181,427.m $0.00 $0.00 $95,875.00 $3,433,380.0O $0.00 $54,63s.00 $0.00 DHS.FEMA.EMPG.S-FY2O Page 34 of 35 Kittitas County Sheriffs Olfie. E20-270-Revised .Obllgrflng Documetrt for Aqrrrd/Amendment la. AORbEMENT NO. EMS-2020-E P-00009-S0 I 9. NAME OF RHCIPIT|NT PROJI]CT O}'FICRR Tirzah Kincheloe II, F.FFECTIVE DATE OF THIS ACTION 0v21t2020 2. AMENDMENT NO. +,c t PHONTJ NO. 25J5127456 12. METFIOD OF PAYMENT PARS 4, TYPE OT'AITION AWART, 5, CONTROL NO. wx032t7N20207 6, RECIPIENT NN MD NND 7. ISSUING FEMA OFFICE ATTDADDRESS ADDRESS Military Dcpartmcnt, FEMA-CPD Washington Stale 400 C Street, SW, lrd Jloor 20 Aviation Drive Washington, W20472-3645 Building 20 PAC:866,V27-5546 Camp Munay, W4,98410 - 5t22 8. PAYMENTOFFICE AND ADDRESS FEMA Finnnce Center 430 Markct Strcct !y'inchester, VA 22603 I4. PERFORMANCN PERlOD IO. NAMU OF f EMA PROJECT COORDINATOI{ Central Scheduling and lnformation Desk Phone: 800-368.6498 tmail: Askcsid@dhs,gov I 3, ASSISTANCE ARRANGEMENT Cost Reimbursement 3. RECIPIFNT NO. 9r600r095c PRIOR TOTAL AWARD From: 0u27n020 Budget Period 01t27na20 I 5. DESCRtrTIONOF ACTION a. (lndicatc funding data frrr awards or financial changcs) PROGRAM CFDN NO. ACCOI,JNTING DATANAME (ACCS CODE}ACRONYM XXXX-XXX-XXXXXX- xtoo(x-no(x.x)00(-x 202U.FC-CAllt -P4l& 4 t{tt-D 50.00 $?.t26.974.u0 s2,t26,e74.0t1 To: 01t26t2022 01t26t2422 CUMULATIVE NON. FEDERAL COMMTTMENT Srx Totals AMOTJNT AWARDED Tlils ACTION ,r"OR(-) CURR-ENT TOTAL AWARD Fis{sl Ycar(FY} 9?.042 2020 Eolergcncy Managcmcnt Perfommrc 6mnt l'rograD covrI},l0 Su;rplemenral (EMPC.S) s0.00 t2,126,97{.00 s2,r2c9?4.00 s2,rt6974.00 b' To describe changes other than funding data or linancial changes, attach schedule and check here. N/A l6 a. FOR NON-DISASTF.R PR(XiRAMS: RFCIPIFNT IS RFQUIRF:D TO SICN AND RF.TURN TIIRFF (3) COPTFS OFTntS DOCUMENT TO FEMA (See Block 7 t'or address) Emergcncy Mmag€menl l'erlormance Crants rccipients rrro nol requircd to sign and rcturn copies of lhis documcnt. However, recipienls should print and keep a copy ofthis document for lheir records. l6b. FOR DISASIER PROGRAMS; RECIPIENT IS NOT REQURED TO SICN This assistansc is subjcct to lcrms and conditions anachcd to this arvard noticc or by inc<lrporalcd rcfcrcncc in program lcgislation citcd above, 17. RECIPIENT SIGNATORY OFFICIAL (Name and Tirlc) Tirzah Kinchcloc, Mrs 18. FEMA SICNATORYOFfICIAL (Name urd Title) DATE Wcd Apr29 22:13:06 GMT 2020 DATE Wed Apr 29 l7;06:06 GMT 2024Vev rtT $HENAUZ SUBRINA WONC , Assistance Officcr DHS-FEMA.EMPG.S.FY2O Page 35 of 35 Kittilas County Sheriffs Oflice, E20-270-Revised ADORESS 205 W Sth Ave Suite 105 Ellonsbury WA 98926 Appllcable Procurunrnt orsollcltrdon t lfsny: WA Uniform Businos$ Henffi€I (Ugl) 192002673 Federal Em/oyur Tax ldenlltlcallofl f: 91-8001349 Thl. cedmc.ilon Washington Milltary Department Contrsct Number: j331 Debarment Suspension, lneliglblllty or Voluntary Excluslon Certlflcatlon Form of Kittitas Odng h'nlnew ar (DBA) Kittitas lnstructlons For Csrtlllcatlon Regardlng Debarrnant, Surpenclon,lnellgiblllty and Voluntary Excluslon-LoyyBr Tler Govered Tranractlona CAREFULLY BEFORE THE ERTIFICAilON. Fed€ta eblde by lndlnctlv the tgrmt of lhlr cerllflcl$on, wlthout modlficlllon, ln ordcr b pa lnyolvlng federel fundr. rcqulre rfclpete contraciorc and to sign ln ceitaln tnnlacfona dircctly 1' By signing and submitting this proposal, the prospective lower tier participant is providing the cerUfication set outbelow 2. The cartiltcalion ln this clause is a malerial representatlon ol fect upon wtrich rslianco uas placed when thie trensEdion was sntered into. lf it is later determined thal the prospeclive lovrrer tier porlicipant knondngly rendered an erroneous certification, ln addltlon lo olher remedies available lo the Federal Government lhe rtepailmtnt or agency with which this trenssction originated may pursue aveilable remedles, including susponsion and/or dabarmenl,3. The prospectlve lower tler participant shall provide immediate wrifien notice to thadepaftment, inslitulion or office to which lhis proposal is submitted lf at any tlme the prospsctivo lower tis participant ieams that its certification was €ronsous when submitted or had become enoneous by reason of changed circumstances,4. The terms covered transaction, dabaned, suspended, lnellgible, loweitier covered transaction, participant, pergon, primary covered lransaction,_princlpal, proposal, and voluntarily excluded, as used in this clause, nave'the nieanlng s€l out in the Definitlons end Coverage sec'tlons of rules imptemcnling Execulive Order 12549. You may contacl thiperson to which this proposal is submitted for asslstsnce in obtaining a copy of thoee regulations.5' The prospective lounr tier participant agrees by eubmitling tris pro-pbsal that, siould the proposed covered transaclion be €ntored into, it ehall not knowingly enter into any lourer tier covered transaction wiitr d person who isproposedlor debarment. under the. applicable CFR, debaned, suspended, declared lneligible, or voluniarily excludedfron participation in this covered transaclion, unless authorized by lhe departmentlr agency witn -ntrich ttris traneaction odginated.6. The prospeclive lowar tier participant further agr€es by submitting his proposal that lt will include this clause ililed*Certificatlon Regarding Debarment, Suspension, lneligibility and -Voiuntary Exclusion-Lourer Tier Govered Trangaclion," without modiftcation, in all lower lier coveredlransactions and in ali solicitations for lower tier covergd transaclion6.7. A psrticipant in a covered transaction may rely upon a cortificalion of a proepective participant in a low€r tier covered transac{ion that ii is not propos€d for debarment und€r appliceble CFR, debaned, suspended, ineligible, or volunlarily excluded from covered lransactions, unless at knows that the certilication is enoneoub. A participant may decide lhi melhod and lrequency by which il determlnes the eligibility of lls principals. Each participant ma|, Uut is hot required lo, check the List of Partlos Excluded from Federal Proarsment and Non-procurement piograms. 0. Nothing conlsined in lhe forsgoing shall be construed to requira eEleblishment of e sysiem of records in order torender in good faith the cerlification rcquired by lhis clause. The knowledge and lnfoniraffon of a participant ls not _ requlr€d to exceed that which is normally possessed by a prudent person in ihe ordinary oourEs of buiinesi activity,9. Excepl for ltansaclions aulhorized under paragnph 5 of these instructions, if a participant in a coverEd transa(iion knowingly enter8 into a lowgr tier covered lransaction with a person who is proposed for debarment unrhr applicable CFR, suspended, debaned, insllglble, or voluntrarily excluded from participalion in lhis transaclion, in addition io other remedies available to the Federal Govemmant, the department or agency with which lhis lrangsc-flon originated may puraue avellable remedies, including suspension and/or debarmenl. Gertiflcrtion Regardlng Debarment, $uspenrlon, lneliglblllty and Voluntary Excluslon-Lower Tier Govered Tranracdons Biddsr or Contriactor Signature: Prinl Name and Title:Judy & Finance Manager oate: 0915-2020 SIGNATURE AUTHORIZATION FORM WASHINGTON STATE MILITARY DEPARTMENT Camp Murray, Washington 98430-5122 Please read instructions on reverse side before completing this form. NAME OF ORGANIZATION Kittitas County DATE SUBMITTED 9t14t20 PROJECT DESCRIPTION EPMG FFY-20 CONTRACT NUMBER E20-270 1. AUTHORIZINGAUTHORITY SIGNATURE PRINT OR TYPE NAME TITLE/TERM OF OFFICE &*- f!**irt& " Clay Myers Sheriff f |AA2O20 2. AUTHORIZED TO SIGN CONTRACTS/CONTRACT AMENDMENTS SIGNATURE PRINT OR TYPE NAME TITLE Na.t ry41 Clay Myers Sheriff 3. AUTHORIZED TO SIGN REQUESTS FOR RE]MBURSEMENT SIG}+ATURE PRINT OR TYPE NAME TITLEilDarren Higashiyama Chief Deputy / (-/Jfry(fl'-**Sharrie McPherson FiscalAnalyst \\NAC-lWOL1\HOME\KARENBI....\WP\SIGNAUTH Revised 3/03 Kittitas County Review Form Grants & Contract Agreement Today's Date November 17,2020 Agenda Date December L,2O2O Fund/Department 37 / Sheriff Contract/G ra nt I nformation Financial lnformation Bu et lnformation Pass Throu lnformation Contract /Grant Agency: Washington State Military Dept. and the U.S. Department of Homeland Security Period Begin Date: OL/27/2020 Period End Date: L2/31/202I Total Grant/Contract Amount: SIqJqq Grant/Contract Number: FFY20 EMPG-S E2O-270 (SH20-021) Contract/Grant Summary: FFY20 EMPG is part of the ongoing Homeland Security Grants that are managed through the Region 7 lnterlocal Agreement. Total Amou nt 5I4,I44 State Funds S0 Federal Funds Stq,tqq (pass-thru from WA State Mil Dept.) Percentage County Funds 0%Matching Funds 50 CFDA# 97.O42EMPG ln-Kind S0 Explain ls Equipment being purchased? Yes Who owns equipment? Kittitas County or subrecipients, per grant New Personnel being hired? NO Contact HR hiring - reporting requirements NA Future impacts or liability to Kittitas County: Compliance and audit requirements. Budget Amendment Needed? New Division Created? NO Yes I attach budget amendment - will complete when it is determined which fiscal year(s) willbe affected No n Already budgeted Revenue Code 1 37202033397042 Expense Code Agency to Pass Through NA Amount to Pass Through So Sub-Contract Approved Date Grant/Contract Review Page 1 Prosecutor Review Has the Prosecutor reviewed this agreement?YesE N CAMAS# 50558 Cou D artments lm cted Submitted Auditor Facilities Maintenance lnformation Services Human Resource Prosecutor Treasurer Signature: y'_/--t- ?2r1r'.-, -Date: tt - ll . to 2( Department: Sfrefiff Ass ment of Trackin lnformation Auditor's Office Human Resource Prosecutor's Office 'f 7 +zzFft1 Who Signed the grant application ) Reviewer Date Grant/Contract Review Page 2