HomeMy WebLinkAboutE21-082Washlngton State Mil itary Department
D RITY GR.ANT AGREEMENT FACE SHEET
Klttltas, Gounty of
Shsriffs Offlce
307 West Umptanum Road
Name and
wA 98925{720
2 Grant Agreement Amount
t46,003
3. Grant Agreement Number:
E21-Og2
4. Subrecipient Contact, phone/emarl:
Oarren Hlgaehlyama , 009-933.8206
darren,hlgaeh lyama@co.klttitaB.wa. ug
5 Granl Agreement Start Date
September 1,2020
6. Grant Agreement End Date
December31,2022
the U.S.Homeland Sec
(DUNS)
010202517 192-002.673
# (stat€ revenue)Mlchael Algton, 253-512.70S3
Michrel.a ov
10. Fundrng Authority:
Staio M
I Data
11. Federal Funding ldentrftcation #:
EMW.2020SS.00080
12 Federal Award Date
08t2st2020
13 Assistance Lstings # {formerly CFOA)
97.067 . 20HSGP (SHSP)
# & Title:
14. Total Federal Award Amount;
$15,657,838.00
'15. Program lndex # & OBJ/SUB-OBJ
70358, 703SC, 703SH, 703SL,703SG, 70352
'
NZ
16. EIN
91-600t349
17. Service Districts.
BY LEGISLATIVE DISTRICTS: 13
BY CoNGRESSfONAL DtSTRtCTS: I
'18 Service Area by County(ies)
Kittitas
D YES,oMv\aE #
19. Women/Minority-Owned, State
Certified; El N/A tl NO
20. Agreement Classificalion
0 Personai Services O Client Servicestr ResearchiDevelgpment tr A/E
El Pubilc/Local Gov"t
tr Other
Type (check all lhat apply)n Conlract E Grantn lntergovernmental IRCW 39.
I Agreement
U lnteragency
2'1. Contract
E 'To allwho apply & quali!' O Competrhve Biddingtr Sole Source D A/E RCW n N/An Filed wtOFM? D Advertised? O yES U NO
22 Subreopi ent Selection Process:Subrecrpient Type (check all that apply)
[J Private Organrzatrorillndividual
El Public Organization/Jurisdiction
N CONTRACTOR E SUBRECI
23.
PIENT D OTHER
D For-Profit
0 Non-Profil
The objeclive ot lhe Federal Fiscal Year (FFY) 2020 Homeland secuEly Granl Program (2oHSGp) is lo tund stale, local, tribal, and tenilorial etforts toprevent tenodsm and prepare the nalion lor lhreals and hazards that pose the gieatesi risk to tire securlty oi t-tie Uniied States zoHSGp pioriOesfunding to impremenl investmenls lhat build, suslain, and deltver lhe core capablliti6s essenlialto achieving ttie Nationit ereparedness Goal of a secureand resilienl nation 20HsGP supports core capabilitles across the five mission areas_of prevenlion protecli-on. mnigation, responge, and recovery basedon allowable costs. HSGP is comprised of lhree interconnecled granl programs: Staie Homelani security pr;d;; (sHsp), Urban Areas Securitylnitialive (UASI), and Operation Slonegarden (OPSG). Togelher, lhesa grint programs fund a range or p?epaiioness aciivi6es inctuding planning,organizalion, equipment purchase, lraining, exercises, and managernenl and ad'min-islralion.
The Depanmenl is the Recipient and Pass-through Enlity of lhe zoHSGP DHS Award Lener for crant No EMw 2020-ss-000g0 w6ich is incorporatedin and attached hereto as Attachment C and has made a subaward of funds to the Subrecipient pursGnt io lhis Agreemenl The Subrecipient is
,. , ..9999-u!t99le- t9$99-e9?rlqent lor use of Federal award funds orovicled under this Agreement
24- PURPOSE & DESCRIPTION
which are hereby incorporaled,
(Attachment A); General Terms
lerms
(Attachment
c0nditiol.ls
lhe or
IN WTNESS WHEREOF, Ihe
and have execuled this Agreement as of lhe date below. This Agreemenl Face Sheet,Terms & Condrlionsand Condilions (Atlachment B); DHS Award Letter (Altachmenl C), Wort Ptan D-1,D"2,0-3),, BudgetE), Timeline (Attachment F): snd ail olher documenls, and attacbmenls expressly referenced and rncorporated herein contain all lhe lerms andagreed upon by lhe and govern the.ights and ol the parties to this Agreement No other undeotandings. oral or olhenrrise,
1
2
3
Applicable federal and state statutes and regulalions
DHSIFEMA Award and program documents
relerence.
ln lhe event of an inconsistency in this
order:
Agreement, unless olhenivise provided herein, lhe inconsistenry shallbe resotved by giving precedence rn lhe following
Work and 6.of lhe
4. Special Terms and Conditions
5. General Terms and Conditons, and,
Regan Anne Hesse, Chief Financial Officer
Washington State Military Deparlment
BOILERPLATE APPROVED TO FORM:
Dawn C. Cortez Assistant Attorney General (OB11112O2OD
the partias
Date
FORM (if
Date
executed this
FOR THE SUBRECIPIENT:
day and year last below
Clay Myers, Sheriff
Kittitas County Sherrffs Office
Agreement on
12t22t2020
DHS-FEMA-HSGP.SHSP.FFY2O Page 1 of41 Krttitas, County of , E21 -082
SU PI ENT
ARTICLE II. ADMINISTMTIVE AND/OR FINANCIAL REQUIREMENTS
The Subrecipient shall cgmgly with all applicable state and federal laws, rules, regulations, requirements and
P{oqrg! guidance identified or referenced in this Agreement and the informationll documents published byDHS/FEMA applicable to the 2OHSGP Program, including, but not limited to, all criteria, restrictions. andrequirements of "Ihe Department of Homeland Secuity (DHS) Notice of Funding Opportunity (NOFO) hiscat
Year (FY) 2A20 Homeland Security Grant Program (HSGP[ document, lhe FEMA-ercpbreaneis Grants'Manual
document, the OHS Award Letter for Grant No. EMW-2020-SS-00080, and the federal regulations commonly
applicable to DHS/FEMA grants, all of which are incorporated herein by reference. The DHS Awara Lefter is
incorporated in this Agreement as Aftachment C.
The_ Subrecipient acknowledges that since this Agreement involves federal award funding, the period ofperformance may begin prior to the availability of appiopriated federal funds. The Subrecipient igrees inat it wiltnol hold the Department, the state of Washington, or the United States liable for any Oamiges, claim forreimbursement, or any typ-e of payment whatsoever for services performed under tnls Rgree-ment prior todistribution of appropriated federal funds, or if federal funds are not appropriated or in a particirlar amount.
Attachrnent 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. Anysubstitution of key personnel by either party shall bei rirade by writteh noiiniatioriloifie curidirt kdi piildiiirer. '
STATEAND FEDERAL REQUIREMENTS FOR DHSIFEMA PREPAREDNESS GMNTS:
The following requirements apply to all DHS/FEMA Preparedness Grants administered by the Department.
1. SUBAWARDS & CONTRACTS BY SUBRECIPIENTSa. lf the Subrecipient also becomes a pass-through entity by making a subaward to a non-federal
entity as its subrecipient, the Subrecipient must make a cas+by-caie determination whether each
agreement it makes for the disbursement of 2OHSGP funds received under this Agreement casts
the par$ receiving the funds in the role of a subrecipient or contractor in accordance with 2 CFR
200,330.
i. The Subrecipient must comply with all federal laws and regulations applicable to pass-
through entities of 2OHSGP funds, including, but not limited to, those c6ntaineO in 2'CFR
200.
ii- The Subrecipient shall require its subrecipient(s) to comply with all applicable state and
federal laws, rules, regulations, requiremenis and program guidance identified or referenced
in this Agreement and the informational documents published by DHS/FEMA appticable to
the 20HS_GP Program, including, but not limited to, atl criteria, restrictions, and requirements
of "The Department of Homeland Security (DHS) Notice of Funding Oppoftuniy NO1O)Fiscal Year (FY) 2020 Homeland Security Grant Prcgram (HSGp)"-document, ini reUA
A
Name Darren igashiyama Name MichaelAlston
Title Ghief Deputy Title Program Coordinator
E-Mail darren. higashiyama@co. kittitas.wa. us E-Mail m lchael.alston@m il.wa.q ov
Phone 509-933.8206 Phone 253-512-7083
Name Sharrie McPherson Name Reagan Bush
Title Flscal Title Program Manager
E-Mail sharrie.mcpherson@co. kittltas.wa. us E-Mail reagan. bush@m ll.wa. gov
Phone 509-962-?099 Phone 253.533.1357
Name Name
Title Title
E-Mail E-Mail
Phone Phone
DHS.FEMA-HSGP-SHSP-FFY2O Page 2 ol 41 Kittitas, County of , E21 -Q82
2.
Preparedness Granfs Manualdocument, the DHS Award Lefterfor Grant No, EMW-2026
Ss-00080 in Attachment C, and the federal regulations commonly applicabte to DHS/FEMAgrants.
iii. The Subrecipient shall be responsible to the Department for ensuring that all 2SHSGp
federal award funds provided to its subrecipients are used in accordaice w1h applicable
federal and state statutes and regulations, and the lerms and conditions of the fedeial awarc
set forth in Attachment C of this Agreement.
BUDGET, REIMBURSEMENT, AND TIMELINEa. Within the total Grant Agreement Amount (Agreement Face Sheet, Box #2), travel, subcontracts,
salaries, benefits, printing, equipment,.and other goods and services or other budget cate!orieiwill be reimbursed on an actual cost basis upon completion unless othenrise provided in thisAgreement.
b. The maximum amount of all reimbursement requests permitted to be submitted under thisAgreement, including the final reimbursement request, is limited to and shall not exceed the totalGrant Agreemenl 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 for indirect costs and theSubrecipient establishing approved indirect cost rate(J) as deslribed in 2 CFR 200.414 andAppendix Vll to 2 cFR 200 must be submifted to the Department Key Personnel, However, under
2 cff 200'414(D, if the Subrecipient has never received a negotiated indirect cost rate agreementestablishing federally negotiated rate(s), the Subrecipient may negotiate a rate w1h theDepartment or charge a de minimis rate of ten percent (io%) of moainEo total direc{ costs. TheSubrecipient's actual indirect cost rate may vary from thd appioved rate but must not exceed the
lpproved negotiated indirect cost rate percentage for the time period of the expenditures. lf aSubrecipient chooses to charge the ten percent (iO%) de minimis rate, but did not charge indireAcosts to previous subawards, a request for approval to charge indirect costs must belubmitted
to the Department's Key Personnel for approval with an explination for the change.
d. For travel costs, the subrecipient shall comply with 2 cFR 200.474 and should consult theirinternal policies, state rates set pursuant to RCW43.o3.05o and Rcw43.03.060 as now existingor amended, and federal maximum rates set forth at http://www.osa.gov, and follow the mos-trestrictive. lf travel costs exceed set state or federal timits, trivel coGhill not be reimbursed
without prior wriften approval by Department Key personnel.
e. Reimbursement requests will include a properly completed State A-19 lnvoice Form andReimbursement Spreadsheet (in the format provioeit by the Department) detailing theexpenditures for which reimbursement is sought, Reimbursement requests mustbe submifred to
Bpimburse.ments@mil.wa.gov no later than the due dates listed within the Timeline (Attachment
F).
Reimbursement request totals should be commensurate to the time spent processing by theSubrecipient and the Department.
f. Receipts and/or backup documentation for any approved items that are authorized under thisAgreement must be maintained by the Subrecipieni consistent with record retenlion requirementsof this Agreement and be made available upon request by the Department, and fediral, state,and localauditors.
g. The Subrecipient.must request prlor written approvalfrom Department Key personnel to waiveor extend a due date in the Timeline (Attachment F) and, once approved, sunmit those costs onthe next scheduled reimbursement due date coniained in the'Timeline. Waiving or missing
deadlines serves as an indicator for assessing an agency's level of risk of noncolipliance witflthe regulations, requirements, and the terms and conditions of the Agreement and miy increaierequired monitoring activities. Any request for a waiver or extension o:f a due date in th6 Timelinewill be treated as a request for Amendment of the Agreement. This request must Ue submitted tothe Department Key Personnel sufficiently in advanle of the due date to provide adequate time
DHS-FEMA.HSGP-SHSP.FFY2O Page 3 of 41 Kittitas County ot E21-O82
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 (Agreement
Face sheet, Box #6), and the final reimbursement request must 6e submitted to the bjpartr"nt
within fortY-five. (45) days afier the Grant Agreement End Date, except as otherwise authorized
by either (1) written amendment of this Agreement or (2) written notification from the Oepartmint
to the Subrecipient to provide additional time for completion of the Subrecipient's ."Upi,ii""itil.i. No costs for purchases of equipmenUsupplies will be reimbursed until the relatedequipmenVsupplies have been received by the Subrecipient, its contractor, or any non-fedeial
entity 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 Timetine [Attachm"niFf wirrprohibit the Subrecipient from being reimbursed untii such reports are iubmitted and'tneDepartment has had reasonable time to conduc{ its review.
k' Final reimbursement requests will not be approved for payment until the Subrecipient is currentwith all reporting requirements contained in this Agreemeni.
l. For SHSP and UASI Subrecipients, a written amendment will be required if the Subrecipientexpects cumulative transfers aqop subproject totals, as identified in thb Budget (Attachment E),to exceed ten percent (10o/o) of the Grant Agreement Amount. lf a Subrecilieni tras only on'esubproject, cumulative transfers among solution areas within the subprojea tnat .*""e'O t"npercent (10Yo) of the Grant Agreement Amount shall require an amendmen[ to this Agreement-
m. For OPSG Subrecipients, any deviations from the approved budget categories will requireadditional federal approvals and a written amendment,
n, Subrecipients shall only use federal award funds under this Agreement to supplement existingfunds and will not use them to replace (supplant) non-federal fu-nAs tnat have been budgeted forthe same purpose. The Subrecipient may be required to demonstrate and documenithat thereduction in non-federal resources occurred for reasons other than the receipt ot
"*p".teO riliptof federal funds.
3. REPORTING
a. Wth each reimbursement request, the Subrecipient shall report how the expenditures, for whichreimbursement is sought, relate to the Work Plan (Attachments D-1, D-2, b-g), activities in theformat provided by the Department
b. \Nith the final reimbursement request, the Subrecipient shall submit to the Department KeyPersonnel a final report describing all completed activities under this Agreement.
c- The Subrecipient shall 99mply with the Federal Funding Accountability and Transparency Act(FFATA) and related oMB Guidance consistent with Public Law 109-282 as arnende'o by siaion62o2(a) of Public Law 110-252 (see 31 U.S.C. 6101 note) and complete and return to theDepaftment an Audit Cedification/FFAlA Form, This form is iequired to be completed once per
calendar year,,per Subrecipient, and not per agreement. The Ddpartment's Contracts Office willrequest the Subrecipient submit an updated form at the beginning of each calendar year in whichthe Subrecipient has an active agreement.
d- SHSP Subrecipients must participate in the State's Stakehotder preparedness Review (SpR), theState's Threat and Hazard ldentification and Risk Asses.meni 6itnn1, core cbpabilitiesassessments, and data calls.
e. UASI Subrecipients must participate in the UASI SPR and THIRA process.
4. EQUIPMENT AND SUPPLY MANAGEMENTa. The Subrecip]e1t_1{ any non-federal enti$ to which the Subrecipient makes a subaward shatlcomply with 2 CFR 200.3'tB - 200.326 when procuring any equipment or supplies under thisAgreement, 2 cFR 200.313 for management of equipment, aio z crn 200,314'fbr.an.g.r"nt
of supplies, to include, but not limited to:
DHS.FEMA-HSGP.SHSP-FFY2O Page 4 ot 41 Kittitas, County of, E21-082
ll
Upon successful completion of the terms of this Agreement, all equipment and supplies
purchased through this Agreement will be owned by the Subrecipieni, or a recognized non-
federal. entity to which the Subrecipient has made a subaward, for which i contract,
subrecipient grant agreement, or other means of legal transfer of ownership is in place.
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
(FAtN);
D. Assistance Listings Number (formerly CFDA number);
E. Who holds the title;
F. Acquisition date;
G. Cost of the equipment and the percentage of federal participation in the cost;
H. Location, use and condition of the equipment at the date the information was reported;
l. Disposition data including the date of disposal and sale price of the property.
The Subrecipient shall take a physical inventory of the equipment, and suppl6s as
applicable, and reconcile the results with the property records atleast once every two years.
Any differences between quantities determined by the physical inspection and tfiose shown
in the records shall be investigated by the Subrecipient to determine the cause of the
difference. The Subrecipient shall, in connection with the inventory, verify the existence,
current utilization, and continued need for the equipment.
The Subrecipient shall be responsible for any and all operational and maintenance
expenses and for the safe operation of their equipment and supplies including all questionsof liability. The Subrecipient shall develop appropriate niaintenance siheoutes andprocedures to ensure the equipment, and supplies as applicable, are well-maintained and
kept in good operating condition,
The Subrecipient shalldevelop a control system to ensure adequate safeguards to prevent
loss, damage, and thefi of the properg. Any loss, damage, or theft snafl be invesiigated,
and a report generated and sent to the Department's Key personnel.
The Subrecipient must obtain and maintain atl 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 possibie return, For disposition, if
upon termination or at the Grant Agreement End Date, when original or replacernent
supplies or equipment acquired under a federal award are no longer nleded for the originalprojec! or program or for other activities currently or previously supported by a federal
awarding agency, the subrecipient must comply with the followin! proc'edures: '
A. For supplies: lf there is a residual inventory of unused supplies exceeding $5,000 in
total aggregate value upon termination or completion of the-project or progrim and the
supplies are not needed for any other federal award, the Subricipieni mist retain the
supplies for use on other activities or sellthem, but must, in either case, compensate
the federal government for its share. The amount of compensation must be computed
in the sarne manner as for equipment.
I[,
tv
v
vt
vil.
vlil
DHS-FEMA-HSGP-S H SP-FFY2O Page 5 of41 Kittitas, County ol, E21-082
B'
i;t
t;H:ill
" currenr per-unit fair-market vatue or five thousand dolars ($s,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 five thousand dollars
($5,OOO1 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 (6) years
from the date of the disposition, replacement, or transfer. lf any litigation, claim, oi iriOit is
started before the expiration of the six- (6-) year period, the records shall be retained by the
Subrecipient until all litigation, claims, or audit findings involving the records have been
resolved.
b. The Subrecipient shall comply with the Department's Purchase Review process, which is
incorporated by reference and made part of this Agreement. No reimbursement will be provided
unless the appropriate approval has been received,
c. Allowable categories for 2OHSGP are listed on the Authorized Equipment List (AEL) located onthe FEMA website at htto://www.fema.qov/authorized-equipment-list. lt is important that the
Subrecipient and any non-federalentity to which the Subrecipient makes a subaward regard the
AEL as an authorized purchasing list identitying items allowed under the specific grant program
and includeg items that may not be calegorized as equipment according to the iederal, sltate,
local, and tribal definitions of equipmenl. The Subrecipient is solely responsible for ensuring and
documenting purchased items under this Agreement are authorized as allowed items by th;AEL
at time of purchase.
lf the item is not identified on the AEL as allowable under HSGP, the Subrecipient must contact
the Department Key Personnel for assistance in seeking FEMA approval prior to acquisition.
d. .Un!9s9 expressly provided otherwise, all equipment must meet all mandatory regulatory and/or
DHS/FEMA adopted standards to be eligible for purchase using federalaward funds.
e. For OPSG Subrecipients, equipment purchased with DHS federal award funds is to be marked
prominently with "Purchased with DHS funds for Operation Stonegarden Use" when practicable.
f. The Subrecipient must pass on equipment and supply management requirements that meet or
exceed the requirements outlined above to any non-federal entity to which the Subrecipient
makes a subaward of federal award funds under this Agreement.
5. ENVIRONMENTAL AND HISTORICAL PRESERVATION
a. The Subrecipient shall ensure full compliance with the DHS/FEMA Environmental Planning andHistoric Preservation (EHP) Program. EHP program information can be found at
httDg.//t&nlt ,v.f?mp,.oov/environmental-olanniRq-and-historic-preservation-c_ompliance all of which
are incorporated in and made a part of this Agreement.
b. Projects that have historical impacts or the potential to impact the environment, including, but not
limited to, construclion of communication towers; modification or renovation of existing buildings,
structures and facilities; or new construction, including replacement of facilities, musfparticipite
in the DHS/FEMA EHP review process prior to projec't initiation, Modification of existing buildings,
including minimally invasive improvements such as attaching monitors lo interior-watts, a-nO
training or exerciles occurring outside in areas not considered previously disturbed also require
a DHS/FEMA EHP review before project initiation.
c. The EHP review process involves lhe submission of a detailed project description that includes
the entire scope of work, including any alternatives that may be unier consideration, along with
supporting documentation so FEMA may determine whether the proposed project nal me
potential lo impact environmental resources and/or historic propedies.
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
DHS-F EMA.HSGP-S HSP-FFY2O Page 6 of41 Kittitas, County ot, E21 -082
completed and FEMA approval receaved by the Subrecipient before any work is started for
which reimbursement will be later requesled, Expenditures fir projects starte-d before completion
of the EHP review process and receipt of approval by the Subrecipient may not be reimbursed.
5. PROCUREMENT
a. The Subrecipient shall comply with all procurement requirements of 2 CFR Part 200.918 through
200.326 and as specified in the General Terms and Conditions, Attachrnent B, A.10.
b. For all sole source contracts expected to exceed $250,000, the Subrecipient must submit to the
Department for pre-procurement review and approval the procurement documents, such as
requests for proposals, invitations for bids and independent cost estimates. This requirement must
be passed on to any non-federal entity to whlch the Subrecipient makes a subaward, at which
point the Subrecipient will be responsible for reviewing and approving sole source justifi'cations of
any non-federal entity to which the subrecipient makes a subaward,
7. SUBRECIPIENT MONITORING
a. The Department will monitor the activities of the Subrecipient from award to closeout. The goal of
the Department's monitoring activities will be to ensure that agencies receiving federaipass-
through funds are in compliance with this Agreement, federaf and stale audi[ requirements,
federal grant guidance, and applicable federal and state financial regulations, as weli as 2 CFR
Part 200 Subpart F.
b' To document compliance with 2 CFR Part 200 Subpart F requirements, the Subrecipient shall
complete and return to the Department an Audit Certification/FFATA form. This form is requiredto be completed once per calendar year, per Subrecipient, and not per agreement. The
Department's Contracts Office will request the Subrecipient submit an updatid 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 financialand performance reports;
ii. Monitoring and documenting the completion of Agreement deliverables;
iii. Documentation of phone calls, meetings (e.g. 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 (Attachments D-1, D-2, D-3), Budget (Attachment E),
and federal requirements;
v. Observation and documenlation of Agreement-related activities, such as exercises, training,
events, and equipment demonstrations; and
vi' On-site visits to review equipment records and inventories, to veriff source documentation for
reimbursement requests and performance reports, and to verif, completion of deliverables.
d. The Subrecipient is required to meet or exceed the monitoring activities, as ouflined above, for
any non-federal entity to which the Subrecipient rnakes a subaward as a pass-through entity
under this Agreement.
e. Compliance will be monitored throughout the performance period to assess risk, Concerns will be
addressed through a conective action plan.
8. LIMITED ENGLISH PROFICIENCY (CIVIL RIGHTS ACT OF 1964 TITLE VI)
The Subrecipient must comply with the Title Vl of the Civil Rights Act of 1964 (Tifle Vt) prohibition
against discrimination on the basis of national origin, which requires that Subrecipienti'of federal
financial assistance take reasonable steps to provide meaningiul access to persons w1h limited
English proficiency..(LEP) to their programs and services. Providing meaningfui access for persons
with LEP may entail providing language assistance services, including oral in-terpretation and written
translation. Executive Order 13166, lmproving Access to Services for Persons witn Umiteo English
Proficiency (August 11, 2000), requires federal agencies to issue guidance to recipients, assijting
such organizations and entities in understanding their language access obligations. DHS publishedthe required recipient guidance in April 2011, DHS Guiaance to Federa-l Financial A'ssistance
DHS-FEMA.HSGP-SHSP-FFYzO Page7 ol 41 Kittitas, County ol, E21-O82
B.
Recipients Regarding Titte Vl Prohibition against National Origin Discrimination Affecting Limited
English Proficient Persons, 76 Fed. Reg, 2175S-21768,(April 18, 2011). The Guidance provides
helpfu I information such as how a recipient can determ ine the extent of its obligation to provide
lang uage 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
and additional
resources on htto;//www.lep.gov.
9. NIMS COMPLIANCE
a- The National lncident Management System (NIMS) identifies concepts and principles that answer
how to manage emergencies from preparedness to recovery regardless'of thelr cause, size,
location, or complexity. NIMS provides a consistent, nationwide approach and vocabutary foi
multiple agencies or jurisdictions to work together to build, sustain, and deliver the tore
capabilities needed to achieve a secure and resilient nation.
b. C_onsistent implementation of NIMS provides a solid foundation across jurisdictions and
disciplines to ensure effective and integrated preparedness, planning, and response. NIMS
empowers the components of the National Preparedness Syslem, a requirement of presidential
Policy Directive 8, to guide activities within the public ani private sector and describes theplanning, 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 2020 federal preparedness funding, to include 2OHSGP, the Subrecipient
will ensure all NIMS objectives have been initiated andlor are in progress toward completion.NIMS lmplementation Objectives are located at httos://www,fema.oovlmedia-
librarv/assets/documetns/1 30743.
HSGP SPECIFIC REQUIREMENTS
1' The Subrecipient must use HSGP funds only to perform tasks as described in the Work plan
(Aftachments D-1 , D-2, D-3), as approved by the Department, and in compliance with this Agreement.
a. SHSP-funded projects must assisl state, local, tribal, and territorial efforts to build, sustain, and
deliver the capabilities necessary to prevent, prepare for, protect against, and respond to acts of
terrorism.
b. UASI-funded projec{s must assist high-threat, high-density Urban Areas'efforts to build, sustain,
and deliver the capabilities necessary to prevent, prepare for, protect against, and respond to acts
of tenorism.
c. OPSG-funded projects must enhance cooperation and coordination among Customs and Border
Proteclion, United States Border Patrol, and federal, state, local, tribll, and tenitorial law
enforcement agencies to support joint efforts to secure the United States' borders along routes of
jngress/egress to and from international borders, to include travel corridors in statejbordering
Mexico and Canada as well as states and territories with international water borders. State, local,
tribal, and territorial (SLTT) law enforcement agencies utilize their inherent law enforcement
authorities to support the border security mission and do not receive any additional authority as a
result of participation in OPSG.
d. State agencies, including law enforcement, must comply with RCW 43.17 .425 and may not use
aggncy funds (including this grant), facilities, property, equipment, or personnel, to investigate,
enforce, cooperate with, or assist in the Investigation-or enfbrcement 6f any federal registrition
or surveillance programs or any other laws, rules, or policies that target Washington iesidents
solely on the basis of race, religion, immigration, or citizenship status, ol national oi ethnic origin,
except as provided in RCW 43.17.425 (g\.
2. The Budget (Attachment E) may include the foltowing caps and threshotds:
a. lf funds are allotted for Management and Administration (M&A), such expenditures must be
related to administration of the grant. The maximum percentage of the Grant Agreement Amount
DHS.FEMA-HSGP.SHS P-FFY2O Page 8 of 4'l Kiftitas, Coung of, E21-082
3
that may be used for M&A costs when allocated under this Agreement shall not exceed fivepercent (5%) but may be less.
b' Atleasttwenty-fivepercent (25o/o) ofthecombinedHsGPawardallocatedunderSHspandUAS!
must be dedicated to law enforcement terrorism prevention activities (LETPA). To meet this
requirement, the Subrecipient has agreed, at a minimum, to meet the mfFn percentage
indicated in the Budgel. lf the Subrecipient anticipates spending less than the indicateo amoJii
a budget amendment is required.
c. The maximum percentage of the Grant Agreement Amount that may be used for personnel
expenses under this Agreement is identified in the Budget. lf the Subrecipient anticipates
spending more on personnel costs, an amendment is requ'ired. Additional apirovat steps mayalso be required before the personnel percentage can be increased,
lf funding is allocated J9 gmgrgency communications. the Subrecipient must ensure that alt projects
comply with SAFECOM Guidance on Granls ensuring the investmentsare compatible, interoperable, resilient, and support nationai goals and objectir/es for improving
emergency communications.
Prohibitions on Expending Grant or Cooperative Agreement Funds for Cefiain Telecommunications
and Video Surveillance Services or Equipment: Effective August 13,2020, OHS/FEMA recipients and
subreciPients may not use grant funds under the programslovered by this Manual and provided inFY 2020 or previous years to:
a. Procure or obtain, extend or renew a contract to procure or obtain, or enter into a contract toprocure or obtain any equipment, system, or service that uses "covered telecommunications
equipment or services" as a substantial or essential component of any system, or as critical
technology of any system; or
b. Enter into contracts or extend or renew contracts with entities that use "covered
telecommunications equipment or services" as a substantial or essenlial component of any
system, or as critical technology as part of any system.
This prohibition regarding certain telecommunications and video surveillance services or equipment
ismandated by section 889 of the John S. McCain National Defense Authorization Acttor Fiicalyear2019 (FY 2019 NDAA), Pub. [. No. 11*232 (2018). Recipienls and subrecipients may useDHS/FEMA grant funding to procure replacement equipment and services impacted ny tfrisprohibition, provided the costs are otherwise consistent'with the requirements of this Manual,applicable appendix to this Manual, and applicable NOFO. DHS/FEMA wiil publish additionalguidance in a subsequent lnformation Bulletin or similar notice.
Per section 889(f)(2)-(3) of the FY 2019 NDAA, covered telecommunications equipment or services
means:
a' Telecommunications equipment p_roduced by Huawei Technologies Company or ZTE
Corporation, (or any subsidiary or afliliate of such entities);
b' For the purpose of public safety, security of Governrient facilities, physical security survEillanceof critical infrastructure, and other national security purposes,- video surveillance and
telecommunicatiorrs equlpment produced by Hyteq Communications Corporation, Hangzhou
Hikvision Digital Technology Company, or Dahua Technotogy Company (6r any subsidiiry or
affiliate of such entities);
c. Telecommunications or video surveillance services provided by such entities or using such
equipment; or
d. Telecommunications or video surveillance equipment or services produced or provided by an
entity that the Secretary of Defense, in consultation with the Directbr of Nationaj lntelligenie or
the Director of the Federal Bureau of lnvestigation, reasonably believes to be an entity jwned or
controlled by, or otherwise connected to, the people's Repubiic of china.
DH S.FEMA-HSG P-SHSP.FFY2O Page I of 41 Kittitas, Coung of, E21-082
4. lf funding is allocated to a Fusion Center investment, the Subrecipient must ensure all Fusion Center
analytical personnel demonstrate qualifications that meet or exceed competencies identified in the
Common Competencies for slate, local, and tribal lntelligence Analysts, which oulines the minimum
categories of training needed for intelligence analysts, All training io ensure baseline proficiency in
intelligence analysis and production must be completed within six (6) months of hiririg unless ihe
analyst has previously served as an intelligence analyst for a minimum of two (2) ye-rs. proof of
satisfac{ion of this requirement must be accessible to the Department Key Personh6t-as applicable.
5. lf funding is allocated to non-DHS FEMA training, the Subrecipient must request prior approval fromthe Department Key Personnel before attending the training. The Departmint wili'coordinate
approval with the_Stgle, Tlainlng Point of Contact. Pursuant to DHS/FEMA Grant Programs
Directorate Policy FP 207-008-064-1, the training must fall within the FEMA mission scope a-nd be
included in the Subrecipient's Emergency Operations Plan. This requirement only appliesio training
courses and does not include attendance at conferences, Furthermore, additional feieral approvali
are required for courses that relate to countering violent extremism prior to attendance.
6. For SHSP and UASI, Subrecipients are reguired to complete the annual Nationwide Cybersecurity
Review (NCSR) https://www,cisecuritv.oro/ms-isac/services/ncsr to benchmark and measure
progress of improvement in lheir cybersecurity posture.
7. ln support of efforts to enhance capabilities for detecting, deterring, disrupting, and preventing acts
of terrorism and other catastrophic events, operational overtime costs aie allowaUli for incr6ased
protective security measures at critical infrastructure sites or other high-risk locations and to enhancepublic safe$ during mass gatherings and high-profile events, However, except for an elevated
NationalTerrorism Advisory System alert, orior written approval is required befoie SHSP and UASI
funds may be used for operational overtime. Requests must be submitted to the Department Key
Personnel in advance of the expenditure to ensure all additional approval steps can be met.
8. Subrecipients should document their preparedness priorities and use them to deploy a schedule of
preparedness events in a multi-year Training and Exercise Plan (TEP) or an lntegrated preparedness
Plan (lPP). Subrecipients are encouraged to participate in the Stateis annualTraining and Exercise
Planning Workshop (TEPW)/|ntegrated Preparedness Planning Workshop (lPpW) oi may conducttheir own local/regional TEPWPPW. lnformation related to teps an'd'Trainihg and Exercise
Planning Workshops (TEPWs), as well as information about lPPs and lntegrated preparedness
Planning workshops (tPPWs), can be found on the HSEEP website at
httos://wwwJema.oov/HSEEP and https;/preptoolkit.fema. gov/.
DHS TERMS AND CONDITIONS
As a subrecipient of 2OHSGP program funding, the Subrecipient shall comply with all applicable DHS
terms and conditions of the 2OHSGP Award Letter and its incorporated documents for DHS Grant No.
EMW-2020'SS'00080, which are incorporated in and made a part of this Agreement as Attachment C.
DHS.FEMA-HSGP-S HS P.FFY2O Page 10 of41 Kitlrtas, County of, E21 -082
Attachment B
A.1
4,2
A.3
Washington State Military Department
GENERAL TERMS AND CONDITIONS
Department of Homeland Security (DHS/
Federal Emergency Management Agency (FEMA)
Grants
DEFINITIONS
As used throughout this Agreement, the terms will have the same meaning as defined in 2 CFR 200
Subparl A (which is incorporated herein by reference), except as otherwise set forth below:a. "Agreement" means this Grant Agreement.
b. "Departmenf' means the Washington Military Department, as a state agency, any division,
section, ofiice, unit or other entity of the Department, or any of the officers or other officiils lawfully
representing that Department. The Departmenl is a recipient of a federal award direcfly from ifederal awarding agency and is the pass-through entity making a subaward to a Subiecipient
under this Agreement.
c- "lnvestmenf'means the grant application submitted by the Subrecipient describing the project(s)
for which federal funding is sought and provided under this tiis Agreementl sricn'gr;ni
application is hereby incorporated into this Agreement by reference
d. "Monitoring Activities" means all administrative, financiat, or other review activities that are
conducted to ensure compliance with all state and federal laws, rules, regulations, authorities andpolicies.
e. "Stakeholders.Preparedness Report (sPR)" The SPR is an annualthree-step self-assessment
of a community's capability levels based on the capability targets identified in the THIRA,f. "Subtecipienf'when capitalized is primarily used throughout this Agreement in reference to thenon-federal entity identified on the Face Sheet of this Agreement thlt nas received a subawardflom the Department. However, the definition of "subreiipient" is the same as in 2 CFR 2OO.g3
for all other purposes.
9- "Threat and Hazard ldentification and Risk Assessment (THIRA)" The THIRA is a three-step
risk assessment. The THIRA helps communities understand iheir risks and determine the level of
capability they need in order to address those risks. The outputs from this process lay the
foundation for determining a community's capability gaps during ine spn process.
ADVANCE PAYMENTS PROHI BITED
The Department shall m^ake no payments in advance or in anticipation of goods or services to be provided
underthis Agreement. Subrecipient shall not invoice the Department in alvance of delivery and invoicin!
of such goods or services.
AMENpMENTS AND MpptFtcATtoNs
The Subrecipient or the Department may request, in writing, an amendment or modification of thisAgreement. However, such amendment or modification shatl not be binding, take effect or be
incorporated herein until.made in writing and signed by the authorized representatiies of the Department
and the Subrecipient. No other understandings or agreements, written or oral, shal be binding on theparties.
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 mutualiy agreed written amendment ,or (2)
written notification from the Department to the Subrecipient to provide idOitionat time for compleiion'o'f
the Subrecipient's project(s).
4,4
,t
35.
The Subrecipient must..comply with the ADA, which provides comprehensive civil rights protection toindividuals with disabilities in the areas. of employhent, public accommodationsi staie and localgovernment services, and telecommunication.
OHS.FEMA.HSGP-SHSP.FFY2O Page 11 of41 Kiftitas. County of, E2'l -082
4.5 ASSURANCES
The Department and Subrecipient agree that all activity pursuant to this Agreement will be in accordance
with all the applicable current federal, state and local laws, rules and regulations.
A.6 CERTIFICATION REGARDING DEBARMENT. SUSPENSION. OR INELIGIBILITY
As federal funds are a basis for this Agreement, the Subrecipient certiRes tnat tne Subrecipient is not
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded fromparticipating in this Agreement by any federal department or agency.
The Subrecipient shall complete, sign, and return a Certification Regarding Debarment, Suspension,
lneligibility, ary Vofuntary Exclusron form located at htto://mil.wa,gov/emeroencv-manaqement-
djvigign/gfants/reouir:qdqrantfgrms. Any such form completed b msnl
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 tfrat it wiil
ensure that potential contrac{ors or subrecipients or any of their principals are not debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in "covered
transaclions" by .any federal department or agency, "Covered transactions" inilude procurement
contracts for goods or services awarded under a non-procurement transaction (e.g. grant oi cooperative
agreement) that are expected to equal or exceed $25,000, and subawards to Subrecipients for anyamount. \Mth resped to covered transactions, the Subrecipient may comply with this provision by
obtaining a certification statement from the potential contractor or subrecipient biny checking the SystemforAwardManagement@maintainedbythefederaigoVernment.The-Subreiipient
also agrees not to enter into any arrangements or contracts with any plrty on the Washington StateDepartment of Labor and lndustries' "Debaired- Contractor List"(httos://secqre,lni,wa.oov/debarandstrike/CgntraclofgebarList,qgox). The Subrecipient also agrees not
to enter into any agreements or contracts for the purchase of goods and services with any paiy on theDepartment of Enterprise Services' "Debaned Vend6i Lisf"(htto;1/www,dpQ.wa.qov/services/ContractinoPurchaginq/Busings_s{PaoesA/endor-Debarment.aspx;.
4.7 CERTIFICATION REGARD]NG RESTRICTIONS ON LOBBYING
As required by 44 CFR Part 18, the Subrecipient hereby certifies that to the best of its knowtedge 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 attempling 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 Coigress
in connection with the awarding of any federal contract, the making of.any federalgrant, the maki-ng of
any federal loan, the entering into of any cooperative agreement, and the extension, continuaiion,
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 a-ny person for
influencing or attempting to influence an officer or employee of any agency, a Member of C-ongress, an
officer or employee of Congress, or an employee of a Member of -Congress in connection-wim mis
Agreement, grant, loan, or cooperative agreement, the Subrecipient will complete and submit Standard
Form-LLL, "Disclosure Form to Repoft Lobbying," in accordance with its instructions; (3) and that, as
applicable, the Subrecipient will require that the language of this certification be induddcj 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 accordingli. This
certification is a material representation of fact upon which reliance was piaced when this transa&ion was
made or entered into and is a prerequisite for making or entering into this transaction imposed by section
1352, title 31, U.S. Code.
A.8 C,On4phtANce wTH APPL| resTheSubrecipientandallitscontractorsandsubrecipientssnaiiryartmentisnot
responsible for determining compliance with, any and all applicable federal, slate, and local laws,
regulations, executive orders, OMB Circulars, and/or policies. This obligation includes, but is not limited
to: nondiscrimination laws and/or policles, Energy Policy and Conservati6n Act (PL 94-163, as amended),
the Americans with Disabilities Act (ADA), Ag9 Discrimination Act of 1975, Tiile Vl of the Civil Rights Act
of 1964, Civil Rights Act of 1968, the Robert T. Stafford Disaster Relief and Emergency Assistaice Act,
(PL 9$288, as amended), Ethics in Public Service (RcW42.52), Covenant Againsi Contingent Fees (48
CFR Section 52.2035), Public Records Act (RcW 42.56), Prevailing Wages on public !vo*s (RCW
DHS-FEMA-HSGP-SHSP'FFY20 Page 12 ot 41 Kittitas, Gounty of, E2I-OB2
A.9
A,10
39.12), State Environryg!!?lPolicyAct (RCW_43.21C), Shoreline ManagementActof 1971 (RCW 90.58),
State Building Code (RCW 19.27), Energy Related Building Standards (RCW 19,27A1, Frovisions 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, thebepartment may rescind,
cancel, or terminate the Agreement in whole or in part in its sole discretion. The Subrecipient is
responsible for all costs or liability arising from its failure, and that of its contractors and subrecipienls, to
comply with applicable laws, regulations, executive orders, OMB Circulars or policies.
CO.NFLICT OF INTEREST
No officer or employee of the Department; no member, ofiicer, or employee of the Subrecipienl or its
designees or agents; no member of the governing body of the jurisdittion in which the project is
undertaken or located; and no other official of the Subrecipient who exercises any tunbtitins or
responsibilities with respect to the project during his or her tenure, shall have any personil or pecuniary
gain or interest, direct or indirect, in any contract, subcontract, or the proceeds-thereof, for work to b6
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 interesl pursuant to this provision.
CONTRACTING & PROCUREMENTa. The Subrecipient shall use a competitive procurement process in the procurement and award of
any contracts with contractors or subcontractors 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 20A326 Contract provisions.
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) Contracls 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 authoiized.by 41U.S,C. 1909,
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 affected and the basis for
settlement.
3) Equal Employment Opportunity. Except as othensise provided under 41 CFR Part 60, all
contracts that meet the definition of 'federally assisted construction contract" in 41 CFR Part
60-1.3 must include the eq_ual opportunity clause provided under 41 CFR 60-1.4(b), in
accordance with Executive Order 11246, "Equal Emptoyment Qpportunitl' (30 FR 1'2319,
12935,3 CFR Part, 196u1-1965 Comp., p.339), as amended by Executive'order 11gZS,
"Amending Executive Qrder 11246 Relating to Equal Employment Oppoftunity," and
implementing regulations at 41 CFR part 60, "Office of Federat Contract Compliance
Prog nms, Eq ual Employme nt O ppoftun ity, Department of Labor.',
4) Davis-Bacon Act, as amended (40 U.S,C, 3141-3148). When required by Federal program
legislation, all prime construction contracts in excess of $2,000 award-ed by non_feieral
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
Assrsfed Construction"). ln accordance with the statute, contractois must berequired to pay
wages to laborers and mechanics at a rate not less than the prevailing wages s:pecified in i
wage determination made by the Secretary of Labor. ln addition, conlractors must be
required to pay nage! not less than once a week. The non-federal entity must place a copy
of the current prevailing wage determination issued by the Departrnent of Labor in eabtr
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.ts must also include a
provision for compliance with the Copeland 'Anti-Kickback" Act (40 U.S.C. 3145), as
DHS.FEMA-HSGP.SHS P.FFY2O Page 13 of41 Kittitas, County ot, E21-O82
supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and
Subcontractors o! 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,
completion, or repair of public work, to give up any part of the compensation to which he or
she is otherurise entitled. The non-federal entig must report all suspected or repofied
violations to the federal awarding agency,
5) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Wrere applicable,
all contracts awarded by the non-federal entity in excess of $100,000 that invotve the
employment of mechanics or laborers must include a provision for compliance with 40 U.S.C.
3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part S). Under
40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages bf 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. 37A4 are applicable to construction
work and provide that no laborer or mechanic must be required to work in suroundings orunder working conditions which arc 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 5401.2 (a) and the recipient or Subrecipient
wishes to enter into a contract with a small business firm or nonprofit organization regaiOing
the substitution of parties, assignment or performance of experimental, developmeirtal, oi
research work under that-"funding agreement," the recipient or Subrecipient must comply
with the requirements of 37 CFR Part 401,'Rrghfs to Inventions Made ny f{onprofit
Organizations and Small Business Fi.rns lJnder Govemment Grants, Contracts and
Cooperative Agreements." and any implementing regulations issued by the awarding agency.7) 9t9.! Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Controt Act (33
U.S.C. 1251-1387r, 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 (C2
U.S.C. 7401'7671q) and the Federal Water Pollution Control Act as amended (93 U.S.C.
1_251-1387). Violations must be reported to the federal awarding agency and thd Regional
Office of the Environmental Protection Agency (EpA).
8) Debarment and Suspension (Executive Orders 12549 and 12689)-A contract award (see 2
CFR 180.220) must not be made to parties listed on the government-wide exclusions in the
System forAward Management (SAM), in accordance with the OMB guidelines at 2 CFR 180
that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFRpart 1989 Comp., p. 235), "Debarment and Suspenslon." SAM Exclusions contains the
names of parties debarred, suspended, or othenrise excluded by agencies, as well as parties
declared ineligible under statutory or regulatory authority other ihan Executive Order 1ZS4g.9) Byrd Anti-Lobbying Amendment (31 U.S.C, 1352)-Contractors that apply or bid for an award
exceeding $100,000 must file the required certification. Each tier certifies to the tier above
that it will not and has not used federal appropriated funds to pay any person or organization
for influencing or attempting to influence an officer or emptoyee of airy agency, a member of
Congress, officer or employee of Congress, or an employee of a niember bf Congress in
connection with obtaining any federal contract, grant or any other award covered by 31U's.c. 1352. Each tier must also disclose any lobbying with non-federal funds that tikes
place in connection with obtaining any federal award. Such disclosures are forwarded from
tier to tier up to the non-federal award.
10) Procurement of recovered materials - As required by 2 CFR 200.322, a non-federal entity
that is a state agency or agency of a political subdivision of a state and its contractors must
comply with section 6002 of the Solid Wasle Disposal Act, as amended by the Resource
Conservation and Recovery Act. The requirements of Section 6002 include procuring only
DHS-FEMA-HSGP-SHSP-FFY2O Page 14 of41 Kittitas, County ol, E2'l-O82
4.11
4.12
A,13
items designated in guidelines of the Environmental Protection Agency (EpA) at 40 CFR part
247 that contain the highest percentage of recovered materials -praciicable,'consistent with
maintaining a satisfactory level of competition, where the purchase price of the 1em exceeds
$10,000 or the value of the quantity acquired during the precediirg fiscal year exceeded
$10,000; procuring solid waste management servicei in a mannerihat maiimizes energyand resource recovery; and establishing an affirmative procurement program f;procurement of recovered materials identified in the EPA guidelines.
1 1) Notice of federal awarding agency requirements and regulations pertaining to reporting.
12) Federalawarding agency requirements and regulations pertaining to copyrights and rights in
data.
13) Access by-the Department, the Subrecipient, the federal awarding agency, the Comptroler
General of the United States, 9r any of their duly authorized reprEse-ntatives to any'Uoois,
documents, papers, and records of the contractor which are direcily pertinent to tnaispeciRc
contract for the purpose of making audit, examination, excerpts, and transcriptions.
14) Retention of all required records for six years after the Subrecipient has made final payments
and all other pending matters are closed.
15) Mandatory standards and policies retating to energy efficiency which are contained in thestate energy conservation plan issued in compliance with the Energy policy and
Conservation Act (Pub. L. 94-163, 89 Stat. 871).
16) Pursuant to Execulive order 13858 "strcngthening Buy-American prefetences forlnfrastructurc Proiects," the Department encouriges Subrecipients to use, to the greateit
extent practicable and consistent with the law, the use of goods, products, and m]aterialsproduced in the United States in every contract, subcontract, purchase order, or sub-award
that is chargeable against federal financial assistance awards.
b' The Department reserues the right to review the Subrecipient's procurement plans and
documents and require the Subrecipient to make changes to biing its pians and documents intocompliance wiln lne requirements of 2 CFR Part 200.318 throujh zOO.gZa. The Subrecipientmust ensure that its procurement process requires contractors lnd subcontractors to provide
adequate documentation with sufficient detail to support the costs of the project and to allow both
the Subrecipient and Department to make a determination on eligibility ot pioied costs,
c' All contracting agreements entered into pursuant to this Agreement shall incorporate this
Ag reement by reference.
ptscLosuRE
The use or disclosure by any party of any information concerning the Department for any purpose notdirectly connected with the administration of the Department's or ihe Subrecipient's responsibitities w1hrespect to services provided under this Agreement is prohibited except by prior written consent of theDepartment or as required to comply with the state Public Records nct, ottr-ei law or court order.
DISPUTES
Except as otherwise provided in this Agreement, when a bona fide dispute arises between the parties
and it cannot be resolved through discussion and negotiation, eithei parly may request a dispute
resolution panel to resolve the dispute. A request for a dGpute resolution boaiA snitt be in writing, state
the disputed issues, state the relative positions of the parties, and be sent to all parties. The pan-el shaltconsistof a representative appointed by the Departmeht, ryepresentative appoiriteO Oy the SubrecipientqF a third party mutually agreed upon by bolh parties. The panel shatl, 6y majority vote, resolve thedispute. . Each party shall bear the cost for its panel member ind its attorney teei anC cosis and shareequally the cost of the third panelmember.
LEGAL RELATIONS
ll is understood and agreed that this Agreement is solely for the benelit of the parties to the Agreementand gives no right to any other party. No joint ventuie or partnership is foimed as a result of thisAgreement.
To the extent allowed by law, the Subrecipient, its successors or assigns, will protect, save and holdharmless the Department, the state of Washington, and the United-States bovernment and their
DHS-FEMA-HSGP-SHSP-FFY2O Page 15 of41 Kittitas, Coung of, E21-O82
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 subcontrictors, subreiipients,
assigns, agents, contractors, consultants, licensees, invitees, employeei or any person whornsoevei
arising out of or in connection with any acts or activities authorized by this Agreement.
To the extent allowed by law, the Subrecipient further agrees to defend the Department and the state of
Washington and their authorized agents and employees in any litigation; including payment of any costs
or attorneys'fees for any claims or action commenced thereon arising out of or in connection with acts
or activities authorized by this Agreement.
This obligation shall not include such claims, costs, damages or expenses which may be caused by the
sole negligence of the Department; provided, that if the claims or damages are caused by or result from
the concurrent negligence of (1) the Department, and (2) the Subrecipient, its agents, or employees, this
indemnity provision shall be valid and enforceable only to the extent of the negligLnce of the Subrecipient,
or the Subrecipient's agents or employees.
lnsofar as the funding source, 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 ctaim based upon the
exercise or performance ol or the failure to exercise or perform a discretionary function or duty on the
P?rl-of a federal agency or an employee of the Federal governmenl 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 Signature representative and the
Authorized Signature representative of the Subrecipient or Alternate for the Subrecipient, formally
designated in writing, shall have the express, implied, or apparent authority to alter, amend, modify, or
waive any clause or condition of this Agreement. Any alteration, amendment, modification, or waiv6i of
any clause or condition of this Agreement is not effective or binding unless made in writing and signed
by both parties' Authorized Signalure representatives, except as provided for time extensions in niticle
4.3.
Further, only the Authorized Signature representative or Alternate for the Subrecipient shall have
signature authority to sign reimbursement requests, time extension requests, amendment and
modification requests, requests for changes to projects or work ptans, and other requests, cert6ications
and documents authorized by or required under this Agreement,
LO$S OR REpUCT|ON OF FUNptNG
ln the.event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
afier the effective date oJ this Agreement and prior to normal completion or end date, the Oepartment
may unilaterally reduce th.e work plan and budget or unilaterally terminate all or part of the Agreiment as
a "Termination for Cause" without providing the Subrecipient an opportunity to cure. Alteriratively, the
parties may renegotiate the terms of this Agreement under "Amendments ahO Modifications" to comply
with new funding limitations and conditions, although the Department has no obtigation to do so,
NONAS.SIGNABILITY
Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by
the Subrecipient.
NollprscRrMlNAT|oN
The Subrecipient shall comply with all applicable federal and state non-discrimination laws, regulations,
and policies. No person shall, on the grounds of age, race, creed, color, sex, sexual orientationl religion,
national origin, marital status, honorably discharged veteran or military status, or disability lpnyJical,mental, or sensory) be denied the benefits of, or othenrrrise be subjected to discrimination uiid6r any
project, program, or activig, funded, in whole or in part, under this Agreement.
NOTTCE.s
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 compiiance.
4.14
A.15
4.16
4.17
A.18
DHS-FEMA-HSGP.SHSP-FFY2O Page 16 of41 Kittitas, County ot, E21 -082
A.19
4.20
4.21
4.22
A.23
4.24
4.25
The Subrecipient represents and warrants that its workplace does now orwill meet allappticable federal
and state safety and health regulations that are in effectduring the Subrecipient's performince unoei tnfuAgreement. To the extent allowed by law, the Subrecipient further agrees til inOeninity and hold narmtessthe Departrnent and.its employees and agenls from all liability,tamages and costs of any natrre,
including, but not limited to, costs of suits and attorneys' fees assessed against the Departm'ent, as a
result of the failure of the Subrecipient to so comply.
oIANERSHtp OF PROJECT/CAP|TAL FACtLtTf ES
The Department makes no claim to any capital facilities or real property improved or constructed with
funds under this Agreement, and by this subaward of funds does nof and- will not acquire any ownersnif
interest or title to such property of the Subrecipient. The Subrecipient shall assume att liibitities anitresponsibilities arising from !h9 ownership and operation of the project and agrees to indemnify and holJthe Department, the state of Washington, and the United States gbvernmenlharmless from any ano ait
causes of action arising from the ownership and operation of the project.
POLITICAL ACNVIry
No portion of the funds provided herein shall be used for any partisan political activity or to further theelection or defeat of any candidate for public office or influence ihe approval or defeat of any ballot issue.
ploHlBtTtoN AGA|N
The assistance provided under this Agreement shall not be used in payment of any bonus or commission
for the purpose of obtaining approval of the application for such assistance or any other approval orconcurrence under this Agreement provided, however, that reasonable fees or bona fide iechnical
consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if
othena/se 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 fromwhich the connection of the Departmenl's name may, in the Department's judgmenl, b6 inferred orimplied- The Subrecipient agrees not to publish or use such advertising anO publici-ty matters without theprior written consent of the Department. The Subrecipient may copyrigft orilinal w6rk it devetops in the
course of or underthis Agreement; however, pursuant to 2 CFR Part ZbO.St5, FEMA reseryes d royalty-
free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorije
others to use the work for government purposes.
fg!li9{i9n resulting from work performed under this Agreement shall include an acknowledgement of
fEMA's financial support, by the Assistance Listings Numner (formerly CFDA Number), and aitatement
that the publication does not constitute an endorsement by FEIIA or ieflect FEMA's views.
RECAPTURE PROVISION
ln the event the Subrecipient fails to expend funds under this Agreement in accordance with applicablefederal, state, and local laws,- regulations, and/or the provisions of the Agreement, the Deilirtment
reserves the right to recapture funds in an amount equivalent to the extent of noncompliance. Such rightof recapture shall exist f9r thq life of the project following Agreement termination. Repayment ny i'ne
Subrecipient of funds under this recapture provision shallbccur w1hin 30 days of demand.- ln the eventthe Department is required to institute legal proceedings to enforce the recapture provision, theDepartment shall be entitled to its costs and expenseJ thereol including attorney iees from the
Subrecipient.
RECORDSa' The Subrecipient agrees to maintain all books, records, documents, receipts, invoices and all
other electronic or written records necessary to sufficiently and properly reflect the Subrecipient's
contracts, subawards, grant administration, and payments, inciuding all direct and indirect
charges, and expenditures in the performance of this Agreement (the "r6cords").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 th6 State Auditor, bHS, ffUR or
their designees, by the Comptroller General of the United States or its designees, or by other
DHS.FEMA-HSGP.SHSP.FFY2O Page 17 ot 41 Kittitas, County ot, E21"082
c.
d.
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 appropiiate tevel of turiding
to be paid under the Agreement.
The records shall be made available by the Subrecipient for such inspection and audit, together
with suitable space for such purpose, at any and all times during the Subrecipient's normal
working day.
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 finat payment ind closure of thegrant under this Agreeme-nt. Despite the minimum federal ietention iequirement of three (3)
years, the more stringent state requirement of six (6) years must be followed.
4.26
4.27
A.28
\Mrile the Department undertakes to assist the Subrecipient with the projecUstatement of worUwork plan
(project)by providing federal award funds pursuant to this Agreement, the project itself remains the sole
responsibility of the Subrecipient. The Department undertakes no responsibility to the Subrecipient, or
to any third party, other than as is expressly set out i n this Agreement.
The responsibilityforthe design, development, construction, implementation, operation and maintenance
of the Project, as these_phrases are applicabte to this projeci, 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 tne piojecl.
Prior to the start of any construction activity, the Subrecipient shall ensure that all applicable federal,
state, and localpermits and clearances are obtained, including, but not limited to, FEMA compliance withthe National Environmental Policy Act, the National Historic Preservation Act, the Endangeied Species
Act, and allother environmental laws, regulations, and executive orders.
The Subrecipient shall defend, at its own cost, any and allclaims or suits at law or in equity, which may
be brought against the Subrecipient in connection with the project. The Subrecipient shall not loot< to th;Department, or to any state or federal agency, or to any of their employees or agents, for anyperformance, assistance, or any payment or indemnity, inciuding, but noi timiteO to, cost of defense
and/or aftorneys' fees, in connection with any claim or lawsuit brought by any third party related to any
design, development, construction, implementation, operation and/or maintenance oi a frqect. -
SEVERABILITY
lf any court of rightfuljurisdiction 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 Agreemenl are declared severable.
str\t9F nu.Prr Acr RE
The Subrecipient shall comply with and include the followingmudit requirements in any subawards.
Non-federal entities, as Subrecipients of a federal award, that expend $7SO,00O or more in one fiscalyear of federal funds from all sources, direct and indirect, are required to have a single or a program-
specific audit conducted in accordance with 2 CFR Part 200 Subpart F. Non-federaleintities that jpend
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, theierm "non-federat ehtity;
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 G9y911me1t Auditing Standards (GAGAS) as found in rhe Government Auditing
Standards (the Revised Yellow Book) developed by the United States Comptroiler Generat and the OME
Compliance Supplement, Tfe 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 Officel
a federal auditor, or a public accountant performing work using GAGAS, aslppropriate, Costs of the
audit may be an allowable grant expenditure as authorized by tCFR Part2O0.42S.'
The Subrecipient shall maintain auditable records and accounts so as to facilitate the audit requirementand shall ensure that any subcontractors also maintain auditable records. The Subreiipient isresponsible for any audit exceptions incurred by its own organization or that of its
subcontractors. Responses to any unresolved management findings and disallowed or questioned costs
DHS-FEMA-HSGP-SHSP-FFY2O Page 18 of41 Kittitas, County ol, E21 -082
A.29
A.30
4.31
4.32
shall be included with the audit report, The Subrecipient must respond to Department requesfs forinformation or corrective action concerning audit issues or findingi within 30' days of thi date ofrequ.est- ,The Department reseryes the right to recover from the Subrecipient ali disallowed costsresulting from the audit.
After the single audit has been completed, and if it includes any audit findings, the Subrecipient must
:9nd ? full copy of the audit and its Corrective Action Plan lo the bepartment ai the following iOOte.J nolater than nine (9) months after the end of the subrecipient's fiscal yea(s):
Contracts Office
Washington Military Department
Finance Division, Building #1 TA-20
Camp Murray, WA 98430.5032
The Departmenl retains the sole discretion to determine whether a valid claim for an exemption from theaudit 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 materialrequirement of this Agreement. ln the absence of a v'atid claim of exemplion from the iudit requirements
of 2 CFR Part 200 Sutpart F, the Subrecipient's failure to comply with siiO audit requirements'r.y r".rfi
in one or more of thefollowing aclions in the Department's solediscretion: a percentlge of federal iwardsbeing withheld untilthe audit is completed in accordance with 2 CFR Part 200 Subpa-rt f; tne witnnolOingor disallowing of overhead costs; the suspension of federal awards until the audil is conducted anlsubmitted; or termination of the federal award.
SUBRECtPIENT NOT E,MPLOYEE
The parties intend that an independent contractor relationship will be created by this Agreement. TheSubrecipient, and/or employees or agents performing under this Agreement are n'ot empliyees or agentsof the Department in any manner whatsoever. Thdsubrecipient-witt not be presentei ai, nor A.-im tobe, an gfficer or employee of the Department by reason of this Agreement, norwill the Subrecipient makeany clairn, demand, or application to or for any right or privilege applicable to an officer or employee ofthe Department or of the state of Washington by ieason of this Agreement, including, but not limiied to,Workmen's Compensation cov_erage, .u-nemployment insurance benefits, social security benefifs,retirement members.hip_or credit, or privilege or benefit which would accrue to a civil servicd emffoy"dunder Chapter 41.06 RCW,
It is understood that if the Subrecipient is another state department, state agency, state university, statecollege, state community college, state board, or state commission, that the-offiiers anO employees areemployed by the state of Washington in their own right and not by reason of this Agreement.
TAXFS, FEES ANq LTCENSES
Unless otherwise provided in this Agreement, the Subrecipient shall be responsible for, pay and maintain
in current status alltaxes, unernployment contributions, fees, licenses, assessments, permit charges andexpenses of gny other kind for the Subrecipient or its staff required by statute oi'regulation ihat areapplicable to Agreement performance,
TERMINATION FOR CONVENIENCE
Notwithstanding any provisions of this Agreement, the Subrecipient may terminate this Agreement byproviding written notice of such termination to the Department Key fersonnel identified in tne-ngre;eni
specifying the effeclive date thereof, at least thirty (30) days prioi to such date.
Except as otherwise provided in this Agreement, the Department, in its sole discretion and in the bestinterests of the state of Washing.ton, may terminate this Agreement in whole or in part ten (10) businessdays after emailing notice to the Subrecipient. Upon notice of termination for convenience, theDepartment reserves the-right to suspend _all or part'of the Agreement, withhold further paymenis, orprohibit the Subrecipient from incurring additional obligations Jf tunds. ln the event of termi'nation, ineSubrecipient shall be_liable for all dahages as authorized by law. The rights and remedies of theDepartment provided for in this section shill not be exclusive ahd are in addiiion to any other rights andremedies provided by law.
ING
The DEPARTMENT may unilaterally terminate or suspend all or part of this Grant Agreement, or mayreduce its scope of work and budget, if there is a reduition in funds by the source of tflose funA's, anA if
DHS.FEMA-HSGP-SH SP.FFY2O Page 19 of41 Kttilas, County ot, E21-O82
such funds are the basis for this Grant Agreement. Department will email the Subrecipient ten (10)
business days prior to termination.
A.33
ln the event the Department, in 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 soas to endanger performance hereunder,is in violation of any laws or regulations that render theSubrecipient unable to perform any aspect of the Agreement, or has violated any of the covenants,
agreements or stipulations of this Agreement,the Department has the right to immediately suspend or
terminate this Agreement in whole or in part.
The Department may notiff 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 oppbrtunity
to cure if it is not feasible as determined solely within the Department's discretion. Any time allbwed for
cure shall not diminish or eliminate the Subrecipient's liability for damages or otherwisi affect any otherremedies available to the Depadment. 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 Rireemeni 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 thealleged compliance breach, pending corrective action by-the Subrecipient, if allowed, dr pending a
decision by the Department lo terminate the Agreement in whole or in part.
ln theevent of termination, the Subrecipientshall be liable foralldamages 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 thi replacement Agreement, e.g., cost of
administering the competitive solicitation process, mailing, advertising and other associaied-siaff 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 thal 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".
4.34 TERMINATIONPROCEDURES
ln addition to the procedures set forth below, if the Department terminates this Agreement, the
Subrecipient shall follov any procedures specified in the teimination notice. Upon term-ination of this
Agreement aF I addition to any other rights provided in this Agreement, the Dbparlment may require
the Subrecipient to deliver to the Department any properg sp-cifically produceb or acquired for theperformance 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 uponprice, if separately stated, for properly authorized and completed work and services rendere-d or goods
delivered to and accepted by the Department prior to the effective date of Agreement terminatio'n, the
amount agreed upon by the Subrecipient and lhe Department for (i) completed-work and seruices and/or
equipment or supplies provided for which no separate price is stated, (ii) partially completed work and
services andlor equipment or supplies provided which are accepteO by ihe Department, 1iii1 other work,
services andlor equipment or supplies which are accepted by the Department, and (iv) the piotection andpreservation of property.
Failure to agree with such amounts shall be a dispute within the meaning of the "Disputes" clause of thisAgreement. 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 fortermination. ihe
Department may withhold from any amounts due the Subrecipient such sum as the Department
determines to be necessary to protect the Department against potentialloss or liability.
The rights and remedies of the Department provided in this Agreement shall not be exclusive and are in
addition to any other rights and remedies provided by law.
After receipt of a notice of termination, and except as otherwise directed by the Department in wr1ing,
the Subrecipient shall:
DHS-FEMA-HSGP-SHSP-FFY20 Page 20 of 41 Kittiras, County ot E2j-082
A.35
A,36
4.37
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 andlor facilities
in relation to this Agreement except as may be necessary for completion of such portion of the
work under the Agreement as is not terminated;
c. Assign to the Department, in the manner, at the times, and to the extent directed by the
Department, all of the rights, title, and interest of the Subrecipient under the orders and coniracts
so terminated, in which case the Department has the right, at its discretion, to settle or pay any
or all clairns 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
requlre, 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 part of the work as shall not have been terminated by the
Department in compliance with all contractual requirements; and
g. Take such action as may be necessary, or as the Department may require, 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.
UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES ffi\A/BE)
The Subrecipient is encouraged to utilize business firms that are certified as minority-owned and/or
women-owned in carrying out the purposes of this Agreement. The Subrecipient may set utilization
9ta$ards, based upon local conditions or may use the state of Washington M\ /BE goals, as identified
in WAC 326-30-041.
VENUE
This Agreement shall be construed and enforced in accordance with, and the validity and perforrnance
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 the
Agreement or to exercise any right based upon a breach thereof, or the acceptance of any performance
during such breach, shall not constitute a waiver of any right under this Agreement.
DH S-F EMA.HSG P-SHSP-FFY2O Page 21 ol 41 Kittitas, Coung ot, E21-082
Attachment C
FY20 HSGP Award Documents
EMW-2020-SS-00080
Awer{ Iratrr
U.S Departrnent of Homeland Secunty
Washinglon, O.C 20472
Bret Daugherty
\iy'ash nglon Mililary Depadmsnt
Burlding 20
Camp Murray, WA98430 - 5122
Re Grant No EMW-2020-SS.00080
Dear &et Daugherly
Congratulalions, on behalf of lhe Deparlmenl of Homeland Securily, your applrcatrcn for financtal as$stance submrtted under
theFtsral Year(FY)2020HomelandSecurityGrantProgramhasbeenapprovedtntheamountof$15,ffi7,838IIJ You are
not req,-rtred lo malch lhrs awa rd wrth any amount of no n. Federa I funds
EeforeyourequeslandreceiveanyoflheFederalfundsawardedt0you,youmus'testablishacceplanceoflheaward By
acceptlng lhrs award, you acknowledge lhal the terms of the followrng docurnents are inc-orporated rnlo the lerms of your
award
. Agreemenl Articles (attached to this Award Leiler). Obligaling Do cumenl {atla uhed to lhrs Award Leile4. FY 202A Homeland Securily Grant Prograrn Nottr:e rrf Funding Opporlunity. FEMA Preparedness Gra nts Manual
Please make sure y0u read, undersland, and marntain a copy of lhese documenls rn your officral frla for lh s award
ln order lo eslablish acceplance of lhe award and rls terms, please foll':rw lhese rnslrucltons
Slep 1 Please log in lo lhe ND Granls system al hllps.//purtalfema gov
Step2 Aflerloggingh,youwill seetheHomepagewrthaPendingTasksmenu ClickonthePendingTasksmenu,selectthe
Applicatton sub-menu, and lhen ciick the link for "Award Offer Review" tasks. Thrs linkwill navigale you to Award Pa*kages
lhat are pending review-
Step3 ClicktheRevbwAwardPackagelcon(wrench)torevrewtheAwardPackageandac;eplordeclinetheavrard. Please
save or prinl the Award Package for your records
Syslem forAwatd Management (SAM). Grant recrprents are t',r keep all of lheir informatron up to date in SAl,/, rn particular,
yourorganizalion'sname,address,DUNSnumber,ElNandbankrngrnformation PleaseensurelhatthBDUNsnumberused
tnSAltlisihesameoneusedtoapplyforall FEMAawards Futurepayrnentswrll beconlrngentonlhernformationprovided
in ihe SAM: lherefore,it is imperative thallhe nformalron rs r0rrscl. The System forAward Managemenl islocaled at nlto.,/i
www.sam.o0v_
lf you have any questions or have updated your rnfcrrmatron rn SAM, please lel your Granls Managemenl Speciatisl (GMS)
know as soon as possible. This will help us to make the necessary updates and avoid any interruptions in lhe payment
pr0cess
DHS.FEMA-HSGP-SHS P.FFY2O Page 22 of 41 Kittitas, Coung of, E21-08?
al
CHRISIOPHER PATRICK LOGAT{ GPD Assistant Adminidrator
DHS.FEMA-HSGP.SHSP-FFY2O Page 23 of 41 Kittitas, County of E21-082
U.S Department of Homeland Security
Washington, O.C.20472
GRANIEE:
PROGRAM:
AGREEMElIT I{UMBER:
Artrde I
Arlrcle ll
Altrcle lll
Artde lV
Artide V
&riclev
Arlicle Vll
Adtde Vlll
Arlide lX
Arlicls X
Anicle Xl
Anrde Xll
Adide Xlll
AGREEMENT ARTICLES
Homsland Securhy Granl Program
Wa $ington Mrlita ry Depa rlmeni
Homeland Securiiy Grant Program
El"lVV-2020- SS-00080- SB 1
TABTE OF COIITE}ITS
Summary Descriplion of Award
Aclivities C ondu cle d Abro ad
Repoding of Matters Relaled to Recipient lntegrily and
Performance
Trafficking Victims Proiection Acl of 2000 O\4rA)
Federal Leadership on Reducing Te xl Messaging while
0dving
Debament and Suepension
Fly America Acl of 1974
Americans with Disabilities Act of 1990
0uplicalion of Benefits
Copyright
Civil Righrs Act of 1SB
Best Praclices for Colleclion and Use of Fersonally
I dE ntifi a ble lnfo rmation (Pll)
Limiled Englbh Proficiency (CivilRightsAct of l9&1, Title V)
OHS-FEMA.HSGP-SHSP.FFY2O Page 24 ol 41 Kittitas, county of. E21-082
Article XIV
Article )Ol
Article X/l
Micle XVll
Miole X/lll
Ailicle XIX
Article )0(
Micle )0(
Article )C(lt
Article )C(ltl
Miole )O(lV
Art'cle )0(V
M,cle )C(Vl
Arttcle XXVII
Artrcle )C(Vlll
Artrcle XXX
Article )C(X
Article )C(Xl
Article )C(Xll
Article )Cfilll
Article )C(XIV
Micle X(X/
Article )C(XVI
Hoteland MotelFire Safety Act of 1990
Disposition of Equipment Acquired Under the Federal Award
Patents and lntellectual Property Rights
DHS Spectfic Acknorvledgements and Assurances
Procurement of Recovered Materials
Tenorist Financang
Civil Rights Act of 1964 - Title Vl
Prior Approval for Modification of Approved Budget
Acknowledgement of Federal FurdirB from DHS
Acceptance of Post Award Changes
Rehabilitaton Ad of 1973
False Claims Acl and Progmm Fraud Civil Remed,es
Nondiscriminatron ln Matters PertainirB to Faith-Based
Organizatiors
Lobbyirg Prohibitions
Education Amenc,rnents ol 1972 (Equal Opportunrty in
Education Act) - Title lX
Age Oiscnminatron Act of 1975
National Environmental Policy Act
Assurances, Administrative Requrrements, Cost Prirnipes,
Representations and Certifications
UsA PATROT Act of2001
Non€upplantang Requirernent
Drug-Free Workplace Regulations
Universal ldertifier and System of Award Managenent
Reportrng Sub€wards ard Executive Compensation
DHS.FE MA.H SGP-SHSP^FFY2O Page 25 of41 Kittitas, County ol, E21-082
Article )C(Xlll Energy policy and Conservation Act
Article )C(XVlll Whisfleblower protection Act
Article )C(XIX Federal Debt Slatus
Article I Use of DHS Seal, Logo and Flags
Arlicle XLI Notice of Funding Opportunity Requirements
Article XLll SAFECOM
Article Xllll Operation Slonegarden Program Hold
Article XLlv Funding Hold; sHSp Nationalpriorities
Artlcle I -Summary Descrlptlon olArvard
The glrpose of the FY 2020 HSGP is to support state and local efforts to prevent lerrorism and other catastrophic events and
to prepare the Nation for tl€ threats and hazards that pose the greatest nsk to tle security of the United States The HSGP
provides funding to implement irvedrnents that btiild, smtain, and deliver the 32 core capabihties essenlial to achieving the
National Preparedness Goal of a secure and resilient Nation. Among the tive basic lromeland security missions noted in tte
DHS Quadrennial Hometand Security Review, HSGP supports the goal to Strengthen National Repaiedness and Resilie6e
The building, sustiainrnent, and delivery of these core capabilities are not exclusive to any single level of government,
organization, or community, but ratfer, require he oombined efrort of the whole community. This HSGP Jward consists
of State Homeland Security Program (SHSP) funding in the amount of $6,731,000, Urban Area Security lriltiatrve (UASI)
fundirg in the arnount of $6,250,000, and Opemtion Stonegarden (OPSG) tunding in the amount of $2,676,838. The foilowing
oounties shall receive OqeraUon Stonegarden subawards for the following annunts Actarns, $75,000. Clallam, $45S,00O;
Ferry, $130,0m; lsland, $208,386; Jamestown Sldallam Tribe, $80,000; Lor,,er Elwha Tribe, $75,000; Makah, $72,018;
Nooksack, $110,262, Olcmgan, $250,000; Perd Oreille. $155.232; Quileute $74,825;San Juan. $165,750; Spokane,
$155,250; Stevens, $175,(F0; Stvinomish, $74.115.lA/hatcom, $416,000 These grant programs fund a range bf activities,
including pannirg, organization, equipment purchase, training, exerdses, and management and administration across all core
capabilities and mission areas,
Artlcle ll . Actlvitles Conducted Abroad
ReciSients must ensure tlnt prqect activities oarried on outside the United States are coord,nated as recessary with
appropriate government authorities and that appropriate licenses, permits, or approvals are obtained
Article lll - Reporting of lvhtters Related to Reciplent lntegrity and perfornance
lf the total vake of any otrrently aotive granb, cooperative agreements, and procurement contracts from alt federal awarding
agernies exceeds $10,000,000 tor any period of tinn dunng tle period ot perforrnanc€ of this fe@ral award, then te
recipients must cornply wilh he requirements set forth in tlre government-wide Award Term and Conditron for Recipient
lntegrity and Performance Matters located at2 C F R Part 200. Apperdix Xll, the full text of which is incorporated irere by
reference in the award terrns and conditions.
Artlcle lV - Trafilcklng Victims Protectlon Act o12000 (TVPA)
Reciplents must comply with the reguirernents of the governnent-wide llnanc:al assi$ance award term which implements
Section 106(9) of the Trafiicking Mctins Protect:on Act of 2000 OVPA), codrfed as amerrded at 22 U.S.C. section 7104.The
award term is localed at 2 C.F R. sec'lion 175 15, the full lext of which is irrcorporated here by reference.
Artlcle V . Federal Leadeshlp on Reduclng Text [l/lessaglng wtrlte Drlvlng
DHS.FEMA.HSGP.SHSP-FFY2O Page 26 of 41 Kitlitas, County of , 821 -O82
Recipients are encouraged to adopt and enforce policies tllat ban text messagirB while driving as described in E.O, 13b13.
includirB cordr.rcting initiatives described in Section 3(a) of the Orcbr when on ofiicial govemment business or wlen
performing any work for or on behalf of the federal governrnent.
Arllcle Vl - Debarment and Suspenslon
R:_ciSients a1e subject to the non-procurernent debarrnent and suspension regulators irnplementing Executle Orders (E.O )12549 and '12689, which are al2 C.F.R. Part 180 as adoSed by DHS at 2 C F.R. Pad 3mO. These regulatons restrict
federal ftnancial assislarrce awards, subawards, and cnntracts with certaln parties that are debarred, susperded, or othemise
excltded from or ineligib{e for participation in federal assistance programs or activihes.
Artlcle Vll - FlyAmerlca Actol1874
Recipients must comply with Preference for U.S. Flag Air Carrien (air carriers lnlding certificates under 49 U.S.C.
section 411021for international air transportation of people and property to the extenftMt strh seruice is available, in
accordance with the lnternatronal Air Transportation Fair Competilive Practices Act of 1974, 49 U.S.C. section 40118. and
the anlerpretative guideline€ issued by the Comdroller General of the Uniled Stjates in the March 31, 1981, anendnent lo
Complroller General Deoision B-l 38942.
Artlcle Vlll . Amerlcans with Dlsabllltles Ac't ot l98O
Recipients must comdywllhthe reguirenrentsof Titles l, ll, and lll of the AmericanswthDisabilitiesAcl Rrb. L. No. 101-336
(1990) (mdified as amended at 42 U.S.C. sections 12101-122'13), whioh prohrbits recipients from discrimrnating on tre basis
of disability in the operation of public entities, public and private transportaUon systerns, paces of publrc accom-modation, and
oertain testng entities.
Artlcle lX - Dupllcatlon of Beneflb
Arry cost allocable to a particular federal financial assistance award provided for ln 2 C F.R. Part 200, Subpart E rnay not
be charged to other federal financial assis{ance awards to overcome fund deficierries; lo awid restriclions imposed Uy
federal statutes, regulations, or federal financial assistance award terms and conditrons. or for other reasons, Horryevei, these
prohibftors would not preclude recipents from shifting costs that are allowable under two or more awards in accordance with
existing federal slatr-tes, regulations, or the federal financiat assistance award ternrs and conditions.
Article X. Copyrlght
Rectpenls must afrtx the apflicaue copyright notices of 17 U.s.c. sections 401 or 42and an ackno,vledgement of U.S.
Govemment sponsorsh'p (lrrcluding tle award number) to any work first produced under federal financial assrstarrce awards.
Aftlcle Xl - Clvll Rlghts Ac{ ol1888
Reopients musl comply with Title Vlll of the civil Rights Aot of 1968, Pub. L. No 9o-284 as amended $rough RJb. L. 113-4,
which pohibits recrpients frorn discriminating in the sale, rerrtal, finarrcing, and advertising of drrellings, orrn the proMsion of
servlces in connec,tion therewith, on the basis of race, colol national origin, religron, clisaUlity, famit;at statuq ana sex (see
42 U.S.C. section 36O1 et seq ), as implemented by the U S. Departnent of Hotdng and Urban Devetopment at 24 c,F.R.
Part 100 The prohibfion on disabilfi clscrimination irpludes the reguiremerrt that narv mullifamily housing with four or npre
dwellirB units-i e , the public and comrnon use areas and indrvidual apartnent units (all units in nuitOings witn elevators and
ground-floor units in buildings withoti elevators)-be designed and constrwted with certain accessible features (See 24 C.F.R
Part 100, Subpart D )
Aftlcle Xll - Best Practlces for Collectlon and Use of Personally ldentlllabte lnformatlon (Pll)
Recipents who collect Pll are required to have a pudicly availaHe privacy policy that describes standards on pre usage and
maintenance of the Pll tley collect DHS defines personally identifiable inforrnation (Pll) as any information that permits the
identity of an indwtdual to be direclly or indiredly inferred, irrcluding any inlormation trat is lnked or linkable to ttnt indMidtd
Reciplents may also lind the DHS PrMacy lmpact Assessmerts: Privacy Guidance and Privacy Template as useful resources
respectrvely.
Artlcle Xlll - Llmlted Engllsh Prottctency {Gtvtt Rtghts Ast of i9C4, Ttile Vt}
Recipients mtnt comply with Tite Vl of lhe Crvil Rrghts Act of 1964, (42 U.S.C seclion 2000d el seq ) prohtbition against
disoriminahon on the basis of nat;onal origin, which requires that recipients of federal ftnancial assisiirice take reasonaHe
DHS.FEMA-HSGP-SHS P-FFY2O Page 27 ol 41 Kittitas. County of" E21,082
steps to provlde meaningful access to persons wrth limited English proficiency (LEP) to their programs and services.
For additronal assistance and information regarding larguage access obligations, please reier ti the DHS Recipient
Guidance: https/dY\,r*Y,SlF"go/&q.ddanqf-glHighed-fuh"departrnenl srmoorle4oroaruzFtiong-oroyide-mcningful-accesepeople-lifllted and additional resources on ffip-/d,yvi.t,lep.gry
Artlcle XIV - Hotel and lrtbtal Flre SafetyAct of 1990
ln accordance wih Section 6 of the Hotel and Motel Frre Safety Act of 1990, 15 U S.C. section 2228a, reciptenls must ensurethat all conference, meeting, convenuon, or trainrng space tunded in whole or in part with federal funds complies with the lire
preventlcn and conkol guidelines of the Federal Fire Preventron and Control Act of 1974, (mdified as amended at 1S U S C
seclion ?225 )
ArUcle XV - Dlsposltlon of Equlpment Acqulred Under the FederalAtwrd
When origtnal or replacernent equipment acquired under this award by the recipent or its subrecipients is no longer needed
forthe odginal prolect or program or for other acWrties currenlly or previously supported by DHSIFEMA, you r*f request
instructions from DHS/FEMA to make proper disposition of the equpnent pursuant to 2 C,F.R. Section 200.313.
Artlcle XVI . Patents and lntellectual Property Rlghts
Recipients are sub.;ect to the Bayh-Dole Act, 35 U S C. sect,on 2oo et seq, unless otheruvise provided by law. Recrprents are
subject to the specific requirements governing the developmen[ reporting, and disposition of rights to irlentions and patents
resulting from federal financial assistance awards located at 37 C.F.R. Part 401 and the standaid patent rlghts clause located
at 37 C.F R section &1.14.
Artlcle XVll - DHS Speclfic Acknowledgements and Assurances
All reciptents, subrecipents. successors, tran$erees, and assignees must ackmwledge and agree to comply w1h applicableprovisorn governlng DHS access to records, accountq docurngnls, information, facililies, anO statt,
1. Reopnnts must cooperate with any compliance revlews or compliarce investigatiors conducted by DHS.
2 Redperils must glvs oHS access to, and the right to examine and copy, records, accounts, and olher documents and
sources of information related to ihe federal finarrcial assistance award and permil access to facilities, personnel, and ogrer
indtvidmls and trrformation as rnay be necessary, as required by DHS regu'ations and other applicable laws or program
guidance.
3 Recipents must submit timely. complete, and accr:rate reporls to the appopiate DHS officials and maintain appropriate
backup docurnentalion to support the reports
4 Recipfents must comply with all other special reporting, data colleclion, and evaluation requirernents, as prescribed by law
or detailed In program guidance
5 Rectpienls of federal financial assistance from DHS must complete the DHS civil RighF Evah.plion Tool within thirty (30)
days of receipt of the Notice of Award or, for State Administering dgerries, thirty (30) days li,om receipt of tn DHS Civil
Rights EvaluaUon Tool from DHS or its awarding component agenoy. After the initial subrnission for the firsl award urrder
which this term applies, recipients are required to provi@ this information once every two (2) years as long as they have anaciive award, not every time an award is nriade ReciSrients should subrnit the compt-eteO tool, including supportin! materials,
to Q'vj:H'CLhhFv4tJa!4@nq dhs,ggv This toolctarifies the civil rights obtigations and related reportirB requirements
contatned in the DHS Standard Terrns and Conditions. Subrrecipients are not required to mrnfleie ani submit this tool toDHS The evaluation tool can be found at tjttm /i#ww drs.gov/prbtrcatod$$,-dvg+iehtsev.qlualimCesj.
6 The DHS ofiice for Civil Rights and Givil Libertes will corsider, in its discrelion, granUng an extension if the recipient
identfies steps and a tirnelire for oompleling the tool. Recipients should request exterpions by ernailing the request
to crvrlFlightshvaiuaton@tro dtrs.ggv prior to expiration of the 3sday deadline.
Article Xvlll - Procuremant of Recovered illaterials
states, poliucal subdivisions of shtes, arrd their contrac'tors must comply wrth seclion 6002 of the solid waste Disposal Act,Pub L No 89-272 (1965), (codified as amended by tie Resource corservation and Recove ry Fal, 42 U.S.C. seciion 0s62.)
The requirements of Section 6002 include procurirE only iterns designaled in guidelines of the Environmertal protection
DHS-F EMA-HSGP-SHS P.FFY2O Page 28 of 41 Kittitas, County ol, E21-082
Agercy (EPA) at 40 c F.R. Patl247 that contain the highest percentage of recovered materials practicable, corsrstent wrthmaintaining a salisfaclory level of oompetition
Article XIX - Terrorlst Flnancing
Recipients must comply with E.O. 13224 and U S laws that prohibit trarsactions with, and the provisiors of resources and
support to, individuls and organizations associated with terrorism. Recipients are legally responsible to ensure complnrrce
with the Order and laws
Artlcle XX - Clvll Rlghts Act of 1gO4 - Tilte Vl
Recipients mtrst comply with the requirenrerfs of Title Vl of the civil Rrghts Ac1 of 1964 (codified as arnended at 42 U s c.
section 2000d et seq ), which provides that no person in the United States will, on the grounds of race, color, or national origin,be excluded from partrciPation in, be denied the benefits of, or be subjected to discrimi-nation under arry program or actvityreceiving federal finarrcialassishnce. DHS implernenting regulationsfor th.. Act are found at 6 C.F R partzl and 44 C.F.R.ParlT
Artlcle XXI . Prlor Approval for Modlftca$on of Approved Budget
!9f919qat<in0 arry change to tle_Dtlg/FEMA approved budgpt for this award, you must request prior written approvat fromDHS/FEMA where Pquired by 2 C.F.R. Section 200 3oB. DHS/FEMA is also r,rtilizing its disireton to mpose an additionat
restriction under 2 C.F R, Section 200.308(e) regarding tlue trarsfer of funds annng direct cost categorils, programq
functiong or activities. Therefore, for awards wtlh an approved budget where tte Federal share is gieater than-tne simplifiedacquisition threshold (cunently $250,000), you may not transfer funds arnorg direct cost categoriei, prog;.3m", functions.or ac'tivities without pior written approval from DHS,/FEMA where ffre cumulitave amount of sich traisfers exceeds or isexpeggd_t99xceed ten percent (1070) of the total tudget DHS/FEMA last approved. Yw must report arry dev;atiors fromyour D1{S/FEMA approved budget in the first Federal Financial Report (SF-425) you subrnit followrng arnT Or.rCget devalion,regardless of whether the budget deviation requlres prior written approval.
Artlcle XXll - Acknowledgement of Fedenl Fundlng fiom DHS
Recipients must acknowledge their use of federal funding when issuirp statements, press releases, requesb for proposal, bidinvitations. and other docunents describing projecls or progrann runoeO in whole or'rn pad with feford funds
Article XXlll - Acceptance of poet Arvard Changes
ln the event FEMA determtnes lhat charEes are neces$ary to tlp award document after an award has been made, rrrcluding
ch-anges to period of performarrce or terrns and condtions, recipients will be notified of the changes in writing Ornenotification has been ma!!, f.!Y subseqrcnt requesl for funds will indicate recipient acceptance-of the char{'es to the
award. Please call the FEMA/GMD Call Center at {S66) 927-566 or via e-rnal to Agg]Sp@femg.ffiLgay if you have arryquestions
Artlcle XXIV - Rohabllltatlon Ac{ of 1973
ReciPiertts musl comply wifr the requirenvents of seclion 504 of the Rehabilitation Act of 1973, pub. L No. g3-112 (1g73),
{codified as amended at 29 U.S.C. section 794,) which prwides that no othenrise qualified handioapped indtviduals inthe United States will, solety by reason of the handicap, be excluded from partioipation in, be denied ife OeneRts o[ or besu$ected to discrimination under arry program or adivity reoeivrrg federal financial assistance
Artcle XXV - False Clalms Ac,t and Program Fraud Clvll Renedles
ReciFients must oomply wih the requirements of the False claims Ad, 31 u.s.c sections 3729-3733, which prohibits thesubmission of false or fraudulent claims for payment to lhe federal government (See 31 U S C. sections 3g01-3g12 which
details the administratve remedies for false claims and sbtements made.)
Artlcle XXVI - Nottdlscrlndnatlon ln Malterc Pertalnlng to Falth-Bas€d Organlzatons
It is oHs Polisy to erFure the equal treatment of faith-based organizatiors in social seMce programs adminstered or
supported by DHS or its component agenoies, enablirg those organizations to participate in p&ioing important social
services to beneliciaries Recipients must comfly with tlre equal lreatnpnt policies ariO requiiements-contained in 6 C.F R.
i"_1.19 ".E 9I", apptoable statues, regulations, and guidarice governing ihe participatiors of faith-based organizations inindividual DHS programs.
DHS-F EMA-HSGP-SHS P-F FY2O Page29 ot 41 Kittdas, County ol, E21-082
Artlcle XXVII - Lobbylng Prohtbltlons
Reciperts must compty with 31 U.S,C. section 1352, which provides that rone of the furds provided under a federal financnl
assistance award may be expended by the recipient to pay any person to influence, or attenipt to influence an officer or
employee of arry agency a Member of Congress, an oflicer or employee of Corgress, or an employee of a Member of
Corgress in connection with arry federal action related to a federal a*ard or corf,r,ac! including iry extension, contiruation,rer€wal- amendnerrt, or modilication.
Artlcle xxvlll . Educatlon Amendments ot 1872(Equal opportunlty ln E<lucatlon Aci) - Tlge lX
Recip*erils must comply with the reguirements of Title lX of the Education Amendments of 1922, pub. L. No. 92-31g (1972)
(codified as anEnded at 20 U.S-G. section 1681 et seq.), which provide that no person in the United States will, on the basis
of sex be excluded fmm participation in, be denied the benefits of, or be subjecied to discrimination under any educationalprogram or actvity receving federal financial assistance. DHS implementing regulations are c-odified at 6 C.F.n. part 17 arrl44CFR Part19.
Artlcle XXIX -Ago Dlscrimlnafion Act ot 1975
Recipents qust comply with the requirements of the Age Discriminafion Ad of 1975, Pub L No. 94-135 (1g75) (codified as
amended at Title 42. t.J S Code, section 6101 et seq,), which prohibits discrimination on the basis ot age in ani irogram or
ac'tiVty receiving fede ra I f r nancial assistance.
Article XXX - National Envlronmental PollcyAc't
Recipents must complywith the requirements of the National Environmental Poticy Act of 1969 (NEPA), pub. L. No. 91-190(1970) (codified as amended at 42 U.S.C section 4321 et seq,) and tlrc Courrcil on Environmenrat Oraiity (CEe) Regulahons
for lmplementing the Procedlral Provisions of NEPA, which require recipients to use all practicage means within their
authonty, and consistent with other e$senlial consideralions of national polcy, to create and maintain conditions urrder whichpeople and nature can exist in productive harrnony and fullill lhe social, economic. and other needs of present and future
generations of Americans.
Ardcle XXK -Assurancas, Admlnlstratlve Requlrements, cost Prlnclples, Representailons and Certflcauons
DHS linancial assistance reciprients must complete either the Oflice of Managenent and Budget (OMB) StandardForm 424g
Assurances - NorrConstrudion Prograns, or OMB Standard Form424D Assurances - Corstrrrction programs, as applicage
Certain assurarr,es in these documenb may not be applicable to your program, and the DHS 1rnncial aisistance od'ibe (DHS
fAp) may require appicarrts to oertifu additional assurances. Applicants are required to fill out the assuranoes applicage totheir program as insbucted by the awarding agency. Please contact the DHS rAO ttyou have arry questions.
DHS financial assistance recipients are required to follor the applicable provisions of lhe Uniform Adminisbative
Requirements, Cost Princifles, and A!1dit Requirements for Federal Awards looated at Tiile 2, Code of Federal Regulations
(C.F.R.) nell20o' and adopted by DHS at 2 C.F.R, Fart 3002,
Aillcle XXXII - USA PATRIOTAct of 20Ol
Recirients must cnmply with requirenents of Section 817 of the Uniting and Strergthening Arnerica by providing Appropriate
Tools Reguired to lntercept and Obetnrt Terrorisrn Act of 2001 (USA PATRIOT nctl, pub] L No. tozlOO, wnicframdnOs f A
U.S.C. sections 175-175c.
Article XXXlll - Non€upplantlng Requlrement
Recipients receivirp federal financial assistanoe awards made under programs that prohibit supplanting by law must ensurethal federal funds do not replace (supplant) tunds that have been h.rdgeted for the same purpose throrigh non-federal
sources.
Article XXXV. Drugfree Workplace Regulaflons
l"!'gq(. must comply with drug-free worlplace requiremenls in Subpaft B (or Subpart C, if he recipient is an indivdual) of 2
C.F.R, Part 3001, which adopts the Govemment-wide implernenhtioniZ C.f.n. PartlS2) orseo. st52-olb8 of the Ong-Free
Workplace Act of 1988 (41 U.S.C. sections 8101-e106).
Article XnOt - Universal ldentifler and Syatem of Amrd lllanagernant
DHS.FEMA.HSGP-SHSP-FFY2O Page 30 of 41 Kittitas, County ot, E21-082
Recipients are required to comp{y wilh the requirements set fo(h in the government-wide financial assistance award term
regqrding the System for Award Managernent ard Universal ldentlfier Requ'rernenb located at 2 C.F.R, parl25, Appendrx A
the full text of which is irrcorporated here by reference.
Artlcle XXXVI - Reportlng Suba*ards and Executlve Compensailon
Recpienls are required to comply with the requirernenb set forth in the governnent-wide award term on Reporting Subawards
and Executive Compensation located at 2 C.F.R. Fail 170, Appendix A, ihe full text of which is incorporated'here 6y relererce
in the award tenrs and conditions.
Article XXXVII - Energy Pollcyand Conservation Act
Recipients must comply withthe requirements of the Energy Policy ar]d CorFervation Act, Pub. L. No. 94- j63 (1975) (codfiecl
as amended at 42 U.S.C. section 6201 et seq ), which contain policies relathg to energy efficiensy that are defined in the state
energy conseruation plan issued in compliance with ths Act
Artlcle XXryill - Whlstlebloyver Protectlon Act
Rgcipie$s must comply wifr the statutory requrrements for whistleblower protectiors (if applicaHe) at 10 U.S.C section 2409,
41 U.S.C. section 4712, and10 U.S.C. section 2324 41 U S C sections 4304 and 4310.
Arflcle XXXIX - Federal Debt Sffius
All recipients are required to be non-delinquerrt in their repayment of any federal debt. Examples of relevant debt include
delirquent payroll and otl€r taxes, audit disalloarances, and benefit overpayments (See ONiB Circular A-129.)
Article XL - Use of DHS Seal, Logo and Flags
Re,ci$ents must obtrain permission from their DHS FAO pnor to using the DHS seal(s), logos, crests or reproductions of flags
or likenesses of DHS agerrcy officials, including use of the United States Coast Guard seal, logo, crests or repoduchons oi
flags or likenesses ol Coast Guard oflicials.
Artlcle XLI - Notice ot Fundlng Opportunlty Requtrernents
All the inshuctions, guidance, limitations, and other conditions set forth in the Notice of Funding Opportunrty (NOFO) for th s
program are incorporated here by reference in the award terms and conditions. All recipierrts mmt comply wrth arry srrch
requirenents set forih in the program NOFO
ArtlcleXLll -SAFECOM
Recipients receiving federal financial assistance awards nnde under programs that povide emergency communrcatron
equiprnent and its related activities must cornply with lhe SAFECOM Guidance for Emergenry Communioation Grants,
includirg provisions on technical standards that ensure and enhance interoperable communications
Artlcle XLlll - Operdon Slonegarden Program Hold
The recipient is prohibited from drawirB dorn OPSG funding under lhis award or reimh.rrsing OPSG subreciprenb of this
award until each uniqtre, speciflc.or modified county level, tribal, or equivalent Operations Oider or Fragrneniary Order
(Frago) has been revier'ved by FEMA/GPD and Ctstoms and Border ProtectiorVUnited Sbtes eorOer patrot (CEjp rsBtr)
The recipent will receive the officiat rntification of approval from FEMfucpD.
Adcle XLIV. Fundlng Hold: SHSP Natlonal Prlod0es
FEMA has $aced a fundirB hold on tlre following investments under the national priority areas, arrl $1,846,200 of SHSp
tunds is on hold in the FEMAJinarnial systenrs. Until the hold is released, the recipierrt is prohitited from drawing down funds
or reimbursing subrecipients for, and the subreciprients are prohibited from obligting or expending SHSp funds for the costs
or aclivities identified belor. The hold onty applies to lhe amount of funds identifieo tor each SHSP investment under the
nalional priority areas beloar. To release this hold, addifional information is required for the irvestrents identified belorrr wtrch
must be subrnitted in the December 2020 Biannual Stralery lmplenentation Report (BSIR) in a manner consistent wrth GpD
lnforrnation Bulletin No. 447.
Clbersecurlty: $336,550
Soft Targetsr0ro,rrded Places; fr!36,550
DHS-FEMA-HSGP-SHSP-FFY2O Page 31 of41 Kittitas, County ot, E21-082
lnformation Sharing and Cooperaiion. $336,550
EmergingThreals $336,550
lf you have questions about this furrdlng hold or beleve d was flaced in error, please conlaot the DH9FEMA Headquarlers
Preparedrnss Ofiicer
B UDG ET COST CATEOC'RIES
Pemonnel
Fringe Benefits
Tnvel
Equipnent
Supples
Contractual
Construction
lndrec.t Gharges
Other
$466,958 85
$140,O87 45
$14,076.00
$0.00
$9,134.00
$14,941,867.04
$0 00
$85,714.66
$0.00
OHS-FEMA.HSGP-SHSP-FFY2O Page 32 of41 Kittitas, county of, E21-082
la. AGREEMENTNO.
EMW-2020-SS-0008trS01
9 NAMEOFRECIPIENT
PROJECT OFFICER
Garl Crem
I I EFFECfi\M DATE OF
THIS AgtION
@nv202Q
2. AMENDMENTNO,
t,**
t2
METHOD
OF
PAYMENT
PARS
2020-FA-cC02-P4 10. 4 I 0t -D
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2020-FA-GH0r.P4l0. {l0l.D
4. TYPE OF ACTION
AWARD wx03438N2020T,
\14(03434N2020T ,
wx03435N20207
14. PERFORMANCE PERIOD
From: To:09n1t?020 08B1r2f,3
Budgct Perlod09t01t2020 08R1t2023
3.
RECIPIENT
NO.
916001095c
PRIOR
TOTAL
AWARD
AMOUNT
AWARDED
THIS
ACTION
+ oRG)
.CIIRRENT
' TOTAL
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5.NO
6 RECIPIENTNAME AND 7. IssUISlc FEtvfA OFRCE ANDADDRESS ADDRESS
Washington Military FEMA-GPDDopartment 400 C Street, SW, 3rd floorBuldng20 Washingto4 N.2M72-3645
Camp Munay, WA 98430 - POC: 86G927-5646
5t22
8. PAYMENT OFFICE AND ADDRESS
FElv{A Finance Ccntcr
430 Market Street
Winchcster, VA22&3
PHONE NO. IO NAMEOFFEN{APROJECT COORDINATOR
253-512-7472 Central Scheduhng and Information Desk
Phone. 80&368-6498
Emarl Askcsrd@dhs gov
I 3 ASSISTA}iCE ARRANGEMENT
Cost Reimbursrment
I 5 DESCRIPTIONOF ACTION
a. (ndicate fundirg dala for awards or financisl changes)
PR.OGRAM CFDANO ACCOTJNTINGDATANAME (ACCSCODE)ACROhTYN.{ )ooo(-)oo(-)ooooo(_
)oooo(-xxxx-xx)o(-x
30.00 t2,676,838.00 i2,616,838.00
t()M 36.111,00r,.00', t6,7tt,$:r000
$0 00 t6,25S,0OJ.00 36,25d,'i{0 00
CUMULATIVENON-
FEDERAL COMMTMENT
Scc Totsls
Scc Totrls
Srs lotals
t0.00
Horncland
sec{.ity crsnt
Pro$un
Homchnd
S€surity CrU|t
Progetn
Homclend
Soc1rity Gronl
hognm
9 !.067
9:.067
',97.067
30.00 1rs,657,&!t.00 tI1657,E38,00
b. To &scribe changes other than furding data or financiat changes, anach
N/A
schcdule and check here
16 a. FOR NON-DISASTER PROGRAMS, RECIPTENT IS REQUTRED TO SIGN AllD RETURN THREE (3) COPIES OF THrS
DOCUMENT TO FEMA (&e Block 7 for address)
Homeland S€curity Grant Prograrn rccipients are not requred to srgn and return copres of lhis documenl. Howevcr, recipienh should
print and ke ep a copy of this document for heir records.
l6b. FoR DISASTER PROGRAMS: RECIPIENT IS NOT REeUIRED TO SICN
This sssistanc€ is subject to terms snd conditions attached to this award notice or by incorporatcd rcference in program tcgislatron cited
abovc.
17. RECIPIENT SIGNATORY OFTICTAL Q.Iame and Tnle)
Gail Crgm,
18. FEMA SIGNATORY OFFICIAL (Name and Trtlc)
DATE
SmSep l3l9:3E:31OMT
2020
DATE
Tue Aug 25 18 08:42 GMT
2U20
DHS.FEMA.HSGP-SHSP-FFY2O Page 33 of41 Kittiles, Coung of, E21-082
Vev fr.f
SHENATZ SIJBRINA WONO, Acsistancc Officcr
DHS-FEMA.HSGP-S HSP-FFY2O Page 34 of41 Kittitas, Coung ol, E21 -e82
Attachment D-1
2OSHSP lnvestment Justification
Washington is comprised of 39 counties with geography lncluding forests, mountains, islands, rainforests, riverl lakes, and
plains' The U.S. Bureau of Economic Analysis ranked Washington 9 of 50 states for gross domestic product in 2019; several
world+lass organizations headquarter their operations within the state. Washington has marine, aviation, rail, and road
lransportalion infrastruclure to support its position as a bustling trade center. Approximately half of Washinglon's ?.5
million population lives in the Seattle metropolitan area localed along the Puget Sound. This area is the center of
transportation, business, and industry and is the fastesl growing region in the state. Over three.fourths of the state's
population lives in densely settled urbanized areas. Understanding Washington's population is critical in order to mitigate
vulnerabilities, respond to incidents, and effectlvely concentrate recovery efforts. Washington is subject to ten natural
hazards and seven human<aused hazards. The THIRA focuses on eight of those risks: earthquakg tsunami, flood, biological
lcommunicable diseaseJ, wlldfire, radiological, cyber lncident, and terrorism. Planning, training and exercise efforts are
being restructured to encompass the entlre spectrum of catastrophlc lncldents within this context. Washington saw few
significant changes in the 2019 Gpabilities Assessment. The lowest rated capabiliries were situationalAssessment, Mass
care Services, Economic Recovery, Health and Social Services, and Housing all essential during a catastrophic incident. The
strongest capabilities are Pubic lnformation and Warning and the area with the rnost growth potential is Situational
Assessment. The 2019 SPR results reinforced the findings frorn prior years: Stakeholders at every level slruggle to sustain
emergency response capabilities with dwindling resources and are significantly challenged preparing for catastrophic
disasters' Since the early 2000s, cumulative emergency management funding at the state and local levels has reduced
significantly causing an increased dependence on federalgrants 1o meet necessary emergency management requirements.
As a result, many areas are in a sustainment mode when it comes to emergency management capability and capacity.
Regional Rlsks - Reasons for the Work
Te rrorlst tatgets Ind ud e :
. Energy producing dams
' Large crowds during events
. Access control to critical infrastru€ture
DHS.FEMA-HSGP.SHSP-FFY2O Page 35 of41 Kittilas, County ot, E21-082
Attachment D-2
2OSHSP Sustainment Work Plan
Klttitas County Sherilf s Olfice
AMOUNT 9it5,0tl3
il nvestment,#1 : WA SHSP Sustalnment
The State is divided into 9 Homeland Security Regions, made up of 39 counties, which differ in many respects lncluding geography (from
marine to desert), major lndustry (from large business to agricuhural), and population (from dense urban settings to rural areasl. Each
Reglon develops prdects to address thelr speclflc rlsks and hazards whlch sustaln prevlously built capabllltles or close ldentifled gaps.
Whlle the communltles may dlffer, emergency managemenl prioritles are slmllar across the state and most lnltlatives can be tled back to
building regional capabillty to respond and recover, and be in a state of readinecs thrcugh plannin6, training, equlpping, and exercising,
should a natural or human-caused catastrophic irrident occur. As communicated in the 2018 and confirmed in the 2019 THIRA"
Capabilities Estimation, ard SPR, gaps have been identified in the following core capabilities.
Alt iurisdictions have targeted efforts related to Operational Coordination. The foremost gaps are:
1) PLANNING: Plans lack horirontal and rrcrtical integration and need adjusting to be scalable for use during a catasirophic incident.
Recovery needs to be incorporated.
2l ORGANIZATION: Response and recovery to catastrophlc incidents will require additional trained personnel to support either large.scale
or long-term activations.
3) EQUIPMENT: There is a lack of integration and interoperability of tools to form a Common Operating picture for all stakeholders.
Addltlonally, equlpment contlnues to ate, wlth subsequent degradatlon occurrlng wlth routine usage, and there ls a lack of fundlng to
rnaintain and/or replace,
Resilienry is still an evolving concept without a formalized statewide, whole cornmunity approach to focus efforts. While the State is
lntroduclng lnltlatives to combat that reallty, localJurisdlctlons still struggle wlth gaps related to Communlty Reslllence:
1!TRAINING: lndividuals and businesses need to move from awareness to action,
2) EXERCISE; Communities are dependent on volunteers to exercise this capabllity and do not have the tools or expertise to engage
stakeholders.
Related to Resilience, iurisdictlons recognire the need to communicate with all stakeholders and continue to expand the reach of their
messaginS. lnitiatives are ongoing to address the ldentified Public rnformation and Warning gap related to
1f PtANNING: Plans do not fully address communicating with non-tnglish speaking populations, irnmlgrant groups, and individuals with
dlsabllltles.
PROJECT#1 Reglon 7 Homeland Secudtl prclecr. (lnvestment 1, proJea 7)
Reglon 7 wlll address prlorities based on reglonally ldentified gaps. The reglon ls chaltenged by the lack of fundlng to adequately plan, traln
and exercise for a terrorist attack. Specifically, fre region will focus on sustaining and enhancing capabilities, which include: Comrnunity
Resillence to rnaintain the ability to communlcate with citizens during an ernergent terrorist threa! Operational Communications due to
lack of EOC coordination, lack of up to date equipment and coordination with firsl responders, lnterdiction and Disruption to train and
equlp special teams, Planning to coordinate response, Risk Managernent for Protection Prograrns and Activities to enhance screening and
surveillance during events, Access ControulD Verification to enhance security at critical facilirles, publlc Alert and Warning due to lack of
fundlng for alert and warnlng system, Operatlonal Coordlnatlon to enhance EOC speclfic tralnlng, and Screenlng, Search and Detection to
enhance public safety during large public events. To address capability gaps and sustain current capabilities the region will be investing in
ortanitation, planning, equipmen! lraining, and exercise. Activities will include: Community Resilience: Enhance whole community
preparedness, conduct public education Operational Communications: Purchase equipment to enhance EOC and mobile incident
command, coordlnate wlth llrst responders durlng iarge gatherlngs/events, provlde EOC speclfic tralnlng Publlc lnformation and Warnlng:
Renew alert and warning systems contracts to tnaintain publc outreach and communications, updale outdated communications equiprnent
to maintain lnteroperability lnterdiction and Disruption: Purchase equipment for speclal teams, continue to provide updated training ard
equipment for special teams Planning: Review and update emergency plans Risk Management for Protectlon programs and Astivities:
Sponsor annual rlsk management and communlty protecllon trainlng Access Control/lD Verlflcatlon: Provlde a safe envlronment for those
accessing critical infrastructure lacilities Screening, Search, and Detection: Enhance public safety during events rhror,rgh screening
surveillance and detectlon for large groups The fundir6 priorities will support the region in their effort to focus on addressing identified
capability gaps related to emergent terrorist related risks wh:ch will enhance capabrlities to bolster terrorism recognition and awareness by
detectlng, ldentlfylng, lnterdlctlng and recovering from a terrortst attack.
DHS.F EMA.HSGP-SHSP-F FY2O Page 36 of41 Kittilas, County ol, E21-O82
SUBPROJECT #l SuragelorEM atscls
PetMAnv ConEc,.PAS/ilnES
. Operadonel Coordlnal on
PI-ANNING ORGANIZATION
s6,480,00
PLANNING ORGANI2ATION
So'm
PTANNING ORGANIZA]ION
s2,0m,ms0.00
s0.m s0.00 So,oo
WHV IS THE WORK NEEOEDT
4 PAB I LlfY s usla lned or e nha nce d
The storage unit that ls adJacent to the Sherlff's offlce houses our command post, medlcal surge equlpment, communlcagon devlces, and
dlsasterresponseequlpment. Sustalnlngthestorageunitwlllensuretheequlpnrentlsprotected.
ACNW|IES TO 8E PENFORMED
Pay the rental fees associated with the storage unir [21GN OO LEASI.
ASSO Ct ATE O DE Lr W nAg LE S/ OUf P UIS
The storage unit will safely house emergency/disaster respond equipment, vehicles, and supplies.
DESIREDOUTCOMES
Equlpment wlll be in wo*ing conditlon and ready for use ln a .esponse to any emergency to lnclude a terrorlst lncldent.
SUBPROIECT#2 AEDs
PRffrtARV COnEG,.PABNMES
fubllc Heelrh, Heahhcrre, rnd Emeqency Medlcal
Se'vler
SOTUTION AREA
EqUIPMENI
s0.00
SOLI'TION AREA
EQUIPMENT
$2,700.00
SOI.UTION ARFA
EQUIPMENI
$27,215.00
TRAINING
TRAINING
TRAINING
s7,607.00
EXERCISE
TXERCISE
EXERCISE
TOTAT
$6480,00
TOTAT
$2,700,00
TOTAL
934s23,00
s0.00 s0.00 s0.00:
WHY ,STHE WORK NEEDED?
CAPABILITY sudalned or enhonced
sustain AED capabllity by lmplement'ng a sl,aggered replacement schedule, lf all of the unls are replaced at once, they wlll all expire or
become obsolete at the same time yet again" Staggering ttre purchases willguarantee us the ability to deploy worklng aEDs if necessary
ACIIVITIES TO 8E PERFORMED
Purchase AEDs (09ME 03 DEAEf to replace the non operable ZOLL modets.
ASS O A AT EO DE Lt W RAB rE S/O UT P UfS
K€EM wlll always have vlable AEDS to be ready for deployrnent. Operable AEos w,ll be stored and accesslble by flrst responders lf/when
they need to deploy the device in the lield.
DESIRED OU1COMES
Greater chance to save lives due to AEo capability be;ng deployed.
SUBPROJECT fi3 Eallistic probalon, explosive Ereachlng mogotiaes and materlal, communicotions geor and tralnlng
PRIMARY CORE a.PAilLMES
lnrerdlG6oa and Dlrrqpdot
Opendcral €oordlnrton
OHS.FEMA-HSGP-S HSP.FFY2O Page 37 of41
s0.00
Kattitas, County of ,E21-O82
WHY ISTHE WORK NEEDED?
GAP ldentilied
I'ack of equipment, supplies and speciallred training for the regional SWAT team limlts the operatlonal capbailities to respond to hostile
threats.
Antiquated communicatlon equipment.
- Updared ballistic protectlon.
Training must be constant due to updated tactics and technigues ln an ercr evolving discipline.
QAPABILITI sustalned or enhanced
The equlpment, supplles, and tralnlng wlll enhance the operational readlness and response capabllltles for the reglonal SWAT team.
ACIIV'TIES TO 8E PERFORMED
Purchase response equlpment for Reglonal SWAT team to lnclude PPE and communclatlon related ltems.
- €nsure SWAT team receives speclalized tactical training to include explosive breach (O2EX-00-EXTR & 21GN.0O-TRNGI.
ASS OC'AI ED DE LIVE RABLES/ O Uf PUIS
The Rqlonal team wlll be better prepared, equlpped, and trained during response to lncidents,
DES'REO OUTCOMES
The regional SWAT will be able to more effectively help out neighboring jurisdictions and experience enhanced operator safety during
missions.
DHS-FEMA-HSGP.SHS P-FFY2O Page 38 of41 Kittitas, County of, E21.082
Attachment D-3
The Subrecipient has not heen allocated Nationat Prioity Area funding under this Agreement so there is no
associafed Work Plan.
DHS.FEMA.HSGP-SHSP.FFY2O Page 39 of41 Kittitas, County of, E21-082
ZOSHSP Budget
Kittitos County Sheriffs Office
Attachrnent E
AGREEMEI\TTAMOUITIT 946,003
AMOUNT
LETPA I
I
809l ol the ogreement totol
PERsoAr,VfL so.oo! _-, -.. . -.-_..-..l
O% ol the agreement tota!
0% ol the ogreement total
Sustalnment
M&A1
!
SUBPROJECT #1 Storage for EM assets
SUBPROJECT ll2 AEDs
SUBPROJECT T3 aallktlc protactlon, explorlve Breachlng magarlnes and materlal, communlcatlong
M&A
SUBTOTAL
IT{DIRECT
TOTAL
SUBTOTAL
IilDIRECT
TOTAL
AMOUNT
$6,tao.oo
$2,700.00
$36,823.00
$0.00
s46,003.00 j
So.ool
$cs,oorool
Notlonal Prlodty Area Proleas
AMOUNI
PROJECT f1 9o.oo
$o.oo
$o.0ot
$o.oo
so.oo;
t";-,J-.r;r-**,*..-..---*-i..rr';-::i;;::: ::.;:.*, . i .r .-:1r-.-.j;i,jf;qz;;;*4+-:rji-ilr;;::;j-a.'+,r!+;._ I j:::-:u,r1r
M&A
i
1
DHS-FEMA.HSGP.SHSP-FFY2O Page 40 of 41 Kitt[as, County ol, E21 -082
DAfE
9 p.l-enF-qr"1* ?9?o
lglvgr!,2021
January 3L,2O2l
JyU 1r, Z92I
.l*u-qry l-tr"?93?"
Attachment F
zOSHSP TIMETINE
Kittitas County Sheriff's OfJice
TASK
._e_r"^a"I! AgFgment start date
E:IiTl,!gd" q*-e_-w_ork s_gheduted for one or more Subproliiis
submit pioo66;pHion ; ffiId;"ile Cy6erseC, ilil il;i;* (NcsR) - - "
"fl-tr"f sy:lS.n glg3:fuesesbs s+ ?910
-s_qF,rni!B_einFgf sgm_e!:$!:g-qe-ltgl{Progrelq
.:sP$itF-ein!_yF_gnent"B99s-e*?:l*Ir"gsrerl Report
submit Reimbursement $eqy,g:t_and Report
" _9rgn!Agtgg',U-el!end date
Submit Final $9imb-u.q9e-,qr.eq-Rgqu"e9-!11_d!l919gutRegort
HSGP Pe(ormonce Perlod: September l, 2020 to August3l, 2023
j
i
I
II
Dee-qmbg_1,3-q3z
rqprygry t4,2023
DHS-FEMA.HSGP.SHSP.FFY2O Page 4'l of 41 Kittitas. County ot, E21 -O82
SIGNATURE AUTHORIZATION FORM
WASHINGTON STATE MILITARY DEPARTMENT
Camp Murray, Washington 98430-5122
Please read instrucfions on reverse side before comoletino this form
NAME OF ORGANIZATION
Kittitas County
DATE SUBMITTED
PROJECT DESCRIPTION
20 SHSP
CONTRACT NUMBER
E21-082
1. AUTHORIZINGAUTHORITY
SIGNATURE PRINT OR TYPE NAME TITLE/TERM OF OFFICE
C4*z W.<-g-
Clay Myers SheritflNov .3,2A2A
SIGNATURE
AUTHORIZED TO SIGN CONTRACTSICONTRACT AMENDMENTS2
PRINT OR TYPE NAME TITLE
CiaF fay*z--4 SheriffClay Myers
3. AUTHORIZED TO S]GN REQUESTS FOR REIMBURSEMENT
SIG}IATURE PRINT OR TYPE NAME TITLE
6)I Darren Higashiyama Chief Deputy
Alfl Sharrie McPherson FiscalAnalyst
\\NAC-lvOLl\HOME\KARENB\,...\WP\S|GNAUTH Revised 3/03
NAME
County of Kittitas
Doing business as (DBA)
Kittitas County
ADORESS
205 W. 5th Ave Suite 105
Ellensburg, WA 98926
Appllcable Procur6ment
or Solicil,ation #, if any:
WA Uniform Business
ldentilier (UBl)
192002673
Federal Employer Tax
ldentilication #:
91-6001 349
certification is ofa to
Washington Military Department Contract Number. E21-082
Debarment, Suspension, lneligibility or Voluntary Exclusion Certification Form
lnstructions For Certification Regarding Debarment, Suspension, lneligibility and Voluntary Exclusion--Lower
Tier Covered Transactions
1 By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out
below.2 The certification in this clause is a material representation of fact upon which reliance was placed when this
transaction was entered into. lf it is later determined that the prospective lower tier participant knowingly rendered an
erroneous certification, in addition to other remedies available to the Federal Government the departmbnt or agency
with which this transaction originated may pursue available remedies, including suspension and/or debarment.3. The prospective lower tier participant shall provide immediate written notice to the department, instiiution or office towhich this proposal is submitted if at any time the prospective lower tier participant iearns that its certification was
erroneous when submitted or had become erroneous by reason of changed circumstances.4 The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person,
primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning
set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact theperson to which this proposal is submitted for assistance in obtaining a copy of those regulations.5 The prospective lower tier participant agrees by submitting this propbsal that, should the proposed covered
transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who isproposed for debarment under the applicable CFR, debarred, suspended, declared ineligible, or voluniarily excludedfrom participation in this covered transaction, unless authorized by the department or agency with which this
transaction origi nated.6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause tifled"Certification Regarding Debarment, Suspension, lneligibility and Voiuntary Exclusion-Lower Tier Covered
Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered
transactions.7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered
transaction that it is not proposed for debarment under applicable CFR, debarred, suspended, ineligible, or voluntarily
excluded from covered transactions, unless it knows that the certification is erroneous. A participa-nt may decide the
method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required
to, check the List of Parties Excluded from Federal Procurement and Non-procurement piograms.8 Nothing contained .in the foregoing shall be construed to require establishment of a system of records in order torender in good faith the certificatton required by this clause. The knowledge and information of a participant is not
required to exceed that which is normally possessed by a prudent person in the ordinary course of business activity.9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under applicable
CFR, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition io other
remedies available to the Federal Government, the department or agency with which this transaction originated maypursue available remedies, including suspension and/or debarment.
Certification Regarding Debarment, Suspension, lneligibility and Voluntary Exclusion-Lower TierCovered Transactions
The prospective lower tier participant certifies,by submission of this proposal or contract, that neither it nor itsprincipals is presently debarred, suspended,proposed for debarment, declared ineligible, or voluntari ly excludedfrom participation in this transaction by any Federal department or agency. Where the p rospective lower tierparticipant is unable to certify to any of the statements in this certification, such prospective participant shallattach an explanation to this
Bidder or Contractor Signature
R EAD CARE FULL Y BEFORE IG NING THE CERT FICA TION Federa regulations require co ntractors nd b idders to sign andabidebythetermsofthiscertificatiolltwilhoutmodificationlnordertoparticipatetncertatntransactiodirectly
n d rec U involvi federa fu nds.
Print Name and riile: JudY Pless,Finanace Manager
Date: 10-20-2020
Washington Military Department Contract Number: E21 -082
FEDERAL DEBARMENT, SUSPENSION
INELIGIBILITY and VOLUNTARY EXCLUSTON
(FREQUENTLY ASKED QUESTTONS)
What is "Debarmen
These terms refer to the status of a person or company that cannoi contract wr'tn or receive grants from a federal agency.
ln order to be debarred, suspended, ineligible, or voluntarily excluded, you must have:. had a contract or grant with a federal agency, andr $ofl€ through some process where the federal agency notified or attempted to notify you that you could not contract
with the federal agency.
' Generally, this process occurs where you, the contractor, are not qualified or are not adequately performing under acontract, or have violated a regulation or law pertaining to the contract.
Why am I reouired to sion this certification?
You are requesting a contract or grant with the washington Military Department. Federal law (Executive order 12549)requires Washington Military Department ensure that persons or companies that contract with Washington Military
Department are not prohibited from having federal contracts.
What is Executive Order 12549?
Executive Order 12549 refers to Federal Executive Order Number 12549. The executive order was signed by thePresident and directed federal agencies to ensure that federal agencies, and any state or other agency rece'iving federalfunds were not contracting or awarding grants to persons, organizations, or companies who have been excluded fromparticipating in federal contracis or grants. Federal agencies have codified this requirement in their individual agency
Code of Federal Regulations (CFRs).
What is the purpose of this certification?
The purpose of the certification is for you to tell Washington Military Department in writing that you have not beenprohibited by federal agencies from entering into a federal contract.
lvhat does the word "proposal" mean when referred to in this certification?
Proposal means a solicited or unsolicited bid, application, request, invitation to consider or similar communication fromyou to Washington Military Department.
What or who is a "tower tier particioant,'?
Lower tier participants lneans a person or organization that submits a proposal, enters into contracts with, or receives agrant from Washington Military Department, OR any subcontractor of a'contract with Washington Military Department. lfyou hire subcontractors, you should require them to sign a certification and keep it with your sJbcontract.
-
What is.qgovered transaction when referred to in this certification?
Covered Transaction means a contracl, oral or written agreemeni, giant, or any other arrangement where you contractwith or receive money from Washington Military Department. Covered Trinsaction do-es not include mandatory
entitlements and individual benefits.
Sample Debarment, Suspension, lneligibility, Voluntary Exclusion Contract Provision
Debarment Certification. The Contractor certifies that the Contractor is not presently debarred, suspended,proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Contraci Uy
"nyFederal department ol agency. lf requested by Washington Military Department, the dontractor shall completea Certification Regarding Debarment, Suspension, lneligibility, and Voluntary Exclusion form. Any such iorm
completed by the Contractor for this Contract shall be incorporated into this Cbntract by reference.
Kittitas County
Review Form
Grants & Contract Agreement
Today's Date
January L2,202I
Agenda Date
Jan ua 19 2021
Fund/Department
37 /sheriff
Contract/G rant lnformation
Financial lnformation
Bud lnformation
Pass Thro h lnformation
Prosecutor Review
Contract /Grant Agency: Washington State Military Dept. and the U.S. Department of Homeland Security
Period Begin Date: O9/01,/2A20 Period End Date: 12/31/2022
Total Grant/Contract Amount: 546,003
Grant/Contract Number: FFY20 HSGP E21-082 (SH20-036)
Contract/Grant Summary: FFY20 HSGP is part of the ongoing Homeland Security Grants that are
managed through the Region 7 lnterlocal Agreement.
Total Amount 546,003 State Funds $0 Federal Funds 546,033 (pass-thru
from WA State Mil Dept.)
Percentage County Funds 0%Matching Funds 50 CFDA# 97.067 HSGP (SHSP)
ln-Kind S0
Explain
ls Equipment being purchased? Yes Who owns equipment? Kittitas County, per contract
New Personnel being hired? No Contact HR hiring - reporting requirements
Future impacts or liability to Kittitas County: Compliance and audit requirements
Budget Amendment Needed?
New Division Created? NO
Yes ! attach budget form No f} Why not - Already budgeted
Reve n u e Cod e 00 1"-37 032033397 067
Expense Code 001,-3703205XXXX
Agency to Pass Through NA
Amount to Pass Through $o
Sub-Contract Approved Date
Has the Prosecutor reviewed this a greement?Yes Ewo cflvnsr s0867
Grant/Contract Review Page 1
Cou Departments lmpacted
Submitted
Auditor Facilities Maintenance
lnformation Services Human Resource
Prosecutor Treasu rer
Signature; Aaq Itl,t,4 Date: l-tl-*t
Department: S6eriff
Ass nment of Tracking lnformation
Auditor's Office
Human Resource
Prosecutor's Office ')LBa,t ./,. l:,
Who Signed the grant application I t {
Reviewer Date
Grant/Contract Review Page 2