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HomeMy WebLinkAboutE22-131Washington State Military Department HOMELAND SECURITY GRANT PROGRAM AGREEMENT FACE S HEET 1. Subrecipient Name and Address: Kittitas, Gounty of Sheriffs Office 307 West Umptanum Road Ellensburq, WA 98926.6720 2. Grant Agreement Amount; $32,971 3. Grant Agreement Number: E22-131 4, Subrecipient Contact, phone/email: Darren Higashiyama, 509-933-8206 darren.h iqashivama@co.kittitas.wa-us 5. GrantAgreement Start Date: September 1,2021 6. Grant Agreement End Date: October 31,2023 7. Department Contact, phone/email: Deborah Hendercon, 253$12:1 47 0 Deborah.Henderson@mil.wa.oov 8. Data Universal Numbering System (DUNS): 010202547 9. UBI # (state revenue): 192402-673 12. Federa # & Title:Date:13. Assistance Listings 10. Funding Authority: State ldentification #: and the U.S. 97 14. Total Federal Award Amount: $14.284.938.00 15. Program lndex # & OBJ/SUB-OBJ 713SC, 713SH, 713SL, 713SQ, 713SZt NZ7135 16. EtN 9r-6001349 17. Service Districts: BY LEGISLATIVE DISTRIGTS: 13 BY CONGRESSIONAL DISTRICTS: 8 18. Service Area by County(ies): Kiftitas tr YES, OMWBE 1 9. Women/Minority-Owned, State Certified:8N/A trNO 20. Agreement Classifi cationtr Personal Services tr Client Services tr Research/Development O A/E ts Public/Local Gov't tr Other I Agreement I lnteragency 21. Contract Type (check all that apply):I Contract E Grant! lntergovernmental (RCW 39.34) 22. Subrecipient Selection Process: E .To allwho apply & qualifr" E Competitive Biddingtr Sole Source n A/E RCW D N/Atr Filed dOFM? E Advertised? tr YES n NO 23. Subrecipient Type (check allthat apply)tr Prlvate Organization/lndividual tr For-Profit El Public Organization/Jurisdiction E Non-Profittr CONTRACTOR E SUBRECIPIENTN OTHER The obiective of the Federal Flscal Year (FFYI 2021 Hometand Securlty Grant Program {2f HSGP) ls to fund sialia, Iocat, tribal, and terrttorlal ?ffods to provenl tetrorlsm and Prepere the natlon lor threats and hazards that pose the greatest risk to the securlty of the Unlted Statos. 2l HSGP provides funding to lmplement lnyestnsnts that bulld, sustain, and dsllvor the coie capabllities ossenfial to ichlevlng tho NaflonalPreparcdness Goal of a secure and reelllent natlon. 2l HSGP supports core capabltltlos across the flve misslon areas of preventidn, protecilon, mitigallon, respon:9,.and rygovery bassd on allomble costs. HSGP ls comprised of lhree Interconnocted grani progiams: State'Homeland Securlty Program (SHSP), Urban Areas Securlg lnltiativo (UASI), and Operation Stonegarden (OPSG). Togetf,er, iliesdgrant programs fund arango ot prparedness activltles, lncluding plannlng, organizatlon, equipment purchase, tralnlng, exerclses, anA mhnalement and admlnistratlon. The Department is the Reclplent and Pass-through Entity of the 2l HSGP DHS Award Letter for Grant No. EMW.2021€S-00003€01, which ls lnco.porated in and attachsd hotplo as Attachment C and has made a subaward of funds to the Subreclplent puFuant to thls Agre€ment. ThoSubreclplsnt ls accountable to lhe Department tor use of Fe,Ceral award funds provlded under thls AqrlEment, 24. PURPOSE & DESCRIPTION: which are hereby incorporated, and (Attachmen! A); General Terms and (Attachment E), Timeline (Attachment the all Agreement C), Work(Attachment B); other documenls D-3), Budget lhe terms and the daleofexecutedhave below.This &TermgFaceAgreement ConditionsSheel; Conditions AwardDHS Letler Plan D-1(Atlachmenl (Attachments D-2, allandF);and attachments andreferenced herein allcontainexpresslyincorporated theconditions andlheand ofbyagreed9Overn lhe to lhis otherNoparliesAgreement.oral orunderstandings,olheMise, ot of the ln lhe event of an lnconsistency in thls Agreement, unless otherwise order: 1. Applicablofederal and state statutes and rogulations 2. DHSTFEMA Award and program docum€nts precedence ln the lollowinglhe inconsistency shall be resolved by and'6. Other 4. Speclal Terms and Conditions 5. General Terms and Conditions, and, Washington State Military Department BOILERPI.ATE APPROVED TO FORM: David B. Merchant, Assistant Attorney General pn2021) 10,L1. u TO FORM (if applicable) +1-r-3? ? on ( _,&u ftryLq Anne Hesse, Ghief Financial Officer zb L( 11112t2021 Date FOR THE DEPARTMENT: have FOR THE SUBRECIPIENT: year last Signatdfe Clay Myers, Sheriff Kittitas County DHS-FEMA.HSGP-SHSP-FY2 1 Page 1 ol 42 Kitlitas County, E22-131 Attachment A SPECIAL TERMS AND CONDITIONS ARTICLE I. KEY PERSONNEL The individuals listed below shall be considered key personnel for point of contact under this Agreement. Any substitution of key personnel by either party shall be made by written notification to the current key personnel. - DEPARTMENT ARTICLE II. ADMINISTRATIVE AND/OR FINANCIAL REQUIREMENTS The Subrecipient shall comply with all applicable state and federal laws, rules, regulations, requirements and program guidance identified or referenced in this Agreement and the informational documents published by DHS/FEMA applicable to the 21HSGP Program, including, but not limited to, all criteria, restrictions, and requirements of "Ihe Department of Homeland Seaurity (DHS) Notice of Funding Oppoftunity (NOFO) Fiscal Year 2021 Homeland Security Grant Program" (hereafter "the NOFO') document, the FEMA Preparedness Grants Manualdocument, Version 2, published February 2021 (hereafter "the Manual"), the DHS Award Lefter for Grant No. EMW-2021-SS-00083-S07, and the federal regulations commonly applicable to DHS/FEMA grants, all of which are incorporated herein by reference. The DHS Award Letter is incorporated in this Agreement as Attachment C. The Subrecipient acknowledges that since this Agreement involves federal award funding, the period of performance may begin prior to the availability of appropriated federal funds. The Subrecipient agrees that it will not hold the Department, the State of Washington, or the United States liable for any damages, claim for reimbursement, or any type of payment whatsoever for services performed under this Agreement prior to distribution of appropriated federal funds, or if federal funds are not appropriated or in a particular amount. A. STATE AND FEDERAL REQUIREMENTS FOR DHS/FEMA PREPAREDNESS GRANTS: The following requirements apply to all DHS/FEMA Preparedness Grants administered by the Department. 1. SUBAWARDS & CONTRACTS BY SUBRECIPIENTS a. 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 caseby-case determination whether each agreement it makes for the disbursement of 21HSGP funds received under this Agreement casts the party receiving the funds in the role of a subrecipient or contractor in accordance with 2 CFR 200.330. i. The Subrecipient must comply with all federal laws and regulations applicable to pass- through entities of 21HSGP funds, including, but not limited to, those contained in 2 CFR 200. ii. The Subrecipient shall require its subrecipient(s) to comply with all applicable state and federal laws, rules, regulations, requirements and program guidance identified or referenced in this Agreement and the informational documents published by DHS/FEMA applicable to the 21HSGP Program, including, but not limited to, allcriteria, restrictions, and requirements of the NOFO , the Manual, the DHS Award Letterfor Grant No. EMW-2021-SS-00083-S01 in Attachment C, and the federal regulations commonly applicable to DHS/FEMA grants. Name Darren Hioashivama Name Deborah Henderson Title Chief Deoutv Title Proqram Goordinator Email darren. h iqash lvama@co. kift itas.wa. us Email Deborah. henderson@m i l.wa.qov Phone 509-933-8206 Phone 253-512-77470 Name Sharrie McPherson Name Reaqan Bush Title FiscalAnalvst Title Proqram Manaqer Email sh arrie.m cp herson@co. kittitas.wa. us Email reaqan. bush@m i l.wa.qov Phone 509-962-7099 Phone 253-512-7463 Name Name Gourtnev Bemus Title Title Proqram Assistant Email Email courtney. bem us@m i l.wa.qov Phone Phone 253-316-6438 DHS-FEMA.HSGP-SHSP-FY2 1 Page 2 ot 42 Kittitas County, E22:13'l iii. The Subrecipient shall be responsible to the Department for ensuring that all 21HSGP federal award funds provided to its subrecipients are used in accordance with applicable federal and state statutes and regulations, and the terms and conditions of the federal award set forth in Attachment C of this Agreement. BUDGET, REIMBURSEMENT, AND TIMELINE a. \Mthin the total Grant Agreement Amount, travel, subcontracts, salaries, benefits, printing, equipment, and other goods and services or other budget categories will be reimbursed on an actual cost basis upon completion unless otherwise provided in this Agreement. b. The maximum amount of all reimbursement requests permitted to be submitted under this Agreement, including the final reimbursement request, is limited to and shall not exceed the total Grant Agreement Amount. c. lf the Subrecipient chooses to include indirect costs within the Budget (Attachment E), additional documentation is required based on the applicable situation. As described in 2 CFR 20O.414 and Appendix Vll to 2 CFR 200: i. lf the Subrecipient receives direct funding from any Federal agency(ies), documentation of the rate must be submitted to the Department Key Personnel per the following: A. More than $35 million, the approved indirect cost rate agreement negotiated with its federal cognizant agency. B. Less than $35 million, the indirect cost proposal developed in accordance with Appendix Vll of 2 CFR 200 requirements. ii. lf the Subrecipient does not receive direct federal funds (i.e., only receives funds as a subrecipient), the Subrecipient must either elect to charge a de minimus rate of ten percent (1oo/o) or 1O% of modified total direct costs or choose to negotiate a higher rate with the Department. lf the latter is preferred, the Subrecipient must contact Department Key Personnel for approval steps. d. For travel costs, the Subrecipient shall comply with 2 CFR 200.475 and should consult their internal policies, state rates set pursuant to RCW43.03.050 and RCW43.03.060 as now existing or amended, and federal maximum rates set forth at https://www.osa.qov, and follow the most restrictive. lf travel costs exceed set state or federal limits, travel costs shall not be reimbursed without prior written approval by Department Key Personnel. e. Reimbursement requests will include a properly completed State A-19 lnvoice Form and Reimbursement Spreadsheet (in the format provided by the Department) detailing the expenditures for which reimbursement is sought. Reimbursement requests must be submitted to Reimbursements@mil.wa.qov no later than the due dates listed within the Timeline (Attachment F). Reimbursement request totals should be commensurate to the time spent processing by the Subrecipient and the Department. f. Receipts and/or backup documentation for any approved items that are authorized under this Agreement must be maintained by the Subrecipient consistent with record retention requirements of this Agreement and be made available upon request by the Department, and federal, state, and localauditors. g. The Subrecipient must request prior written approval from Department Key Personnel to waive or extend a due date in the Timeline (Attachment F). Forwaived or extended reimbursements, all allowable costs should be submitted on the next scheduled reimbursement due date contained in the Timeline. Waiving or missing deadlines serves as an indicator for assessing an agency's level of risk of noncompliance with the regulations, requirements, and the terms and conditions of the Agreement and may increase required monitoring activities. Any request for a waiver or extension of a due date in the Timeline will be treated as a request for Amendment of the Agreement. This request must be submitted to the Department Key Personnel sufficiently in advance of the due date to provide adequate time for Department review and consideration and may be granted or denied within the Department's sole discretion. 2. DHS-FEMA-HSGP-SHSP-FY2 1 Page 3 of 42 Kittitas County, E22-131 h. All work under this Agreement must end on or before the Grant Agreement End Date, and the final reimbursement request must be submitted to the Department within forty-five (45) days after the Grant Agreement End Date, except as otherwise authorized by either (1) written amendment of this Agreement or (2) written notification from the Department to the Subrecipient to provide additional time for completion of the Subrecipient's subproject(s). i. No costs for purchases of equipmenUsupplies will be reimbursed until the related equipmenUsupplies have been received by the Subrecipient, its contractor, or any non-federal enti$ to which the Subrecipient makes a subaward and is invoiced by the vendor. j. Failure to submit timely, accurate, and complete reports and reimbursement requests as required by this Agreement (including, but not limited to, those reports in the Timeline ffiachment Fl) will prohibit the Subrecipient from being reimbursed until such reports are submitted and the Department has had reasonable time to conduct its review. k. Final reimbursement requests will not be approved for payment untilthe Subrecipient is current with all reporting requirements contained in this Agreement. l. For SHSP and UASI Subrecipients, a written amendment will be required if the Subrecipient expects cumulative transfers among subproject totals, as identified in the Budget (Attachment E), to exceed ten percent (10Yo) of the Grant Agreement Amount. lf a Subrecipient has only one subproject, cumulative transfers among solution areas within the subproject that exceed ten percent (1O%) of the Grant Agreement Amount shall require an amendment to this Agreement. m. For OPSG Subrecipients, any deviations from the approved, direct budget categories will require additionalfederal approvals and a written amendment. n. Subrecipients shall only use federal award funds under this Agreement to supplement existing funds and will not use them to replace (supplant) non-federal funds that have been budgeted for the same purpose. The Subrecipient may be required to demonstrate and document that the reduction in non-federal resources occurred for reasons other than the receipt or expected receipt of federal funds. REPORTING a. With each reimbursement request, the Subrecipient shall report how the expenditures, for which reimbursement is sought, relate to the Work Plan (Attachments D-1, D-2, D-3), activities in the format provided by the Department. b. \flith the final reimbursement request, the Subrecipient shall submit to the Department Key Personnel a final report describing all completed activities under this Agreement. c. The Subrecipient shall comply with the Federal Funding Accountability and Transparency Act (FFATA) and related OMB Guidance consistent with Public Law 109-282 as amended by section 6202(a) of Public Law 110-252 (see 31 U.S.C. 6101 note) and complete and return to the Department an Audit Certification/FFAlA Form. This form is required to be completed once per calendar year, per Subrecipient, and not per agreement. The Department's Contracts Office will request the Subrecipient submit an updated form at the beginning of each calendar year in which the Subrecipient has an active agreement. d. SHSP Subrecipients shall participate in the State's annual Stakeholder Preparedness Review (SPR), the State's Threat and Hazard ldentification and Risk Assessment (THIRA), core capabilities assessments, and data calls. Non-participation may result in withholding of funding under future grant years. e. UASI Subrecipients shall participate in the annual UASI SPR and THIM process. EQUIPMENT AND SUPPLY MANAGEMENT a. The Subrecipient and any non-federal entity to which the Subrecipient makes a subaward shall comply with 2 CFR 200.317 through 200.327 when procuring any equipment or supplies under this Agreement, 2 CFR 200.313 for management of equipment, and 2 CFR 2OO.314 tor management of supplies, to include, but not limited to: 3. 4. DHS-FEMA-HSGP.SHSP-FY21 Page 4 ol 42 Kiftitas County, E22-131 i. Upon successful completion of the terms of this Agreement, all equipment and supplies purchased through this Agreement will be owned by the Subrecipient, or a recognized non- federal entity to which the Subrecipient has made a subaward, for which a contract, subrecipient grant agreement, or other means of legal transfer of ownership is in place. ii. All equipment, and supplies as applicable, purchased under this Agreement will be recorded and maintained in the Subrecipient's inventory system. iii. lnventory system records shall include: A. Description of the property; B, Manufacturefs serial number, model number, or other identification number; C. Funding source for the property, including the Federal Award ldentification Number (FArN); D. Assistance Listings Number (formerly CFDA number); E. \Mro holds the title; F. Acquisition date; G. Cost of the property and the percentage of federal participation in the cost; H. Location, use and condition of the property at the date the information was reported; l. Disposition data including the date of disposal and sale price of the property. iv. The Subrecipient shall take a physical inventory of the equipment, and supplies as applicable, and reconcile the results with the property records at least once every two years. Any differences between quantities determined by the physicalinspection and those shown in the records shall be investigated by the Subrecipient to determine the cause of the difference. The Subrecipient shall, in connection with the inventory, verify the existence, current utilization, and continued need for the equipment. v. The Subrecipient shall be responsible for any and all operational and maintenance expenses and for the safe operation of their equipment and supplies including all questions of liability. The Subrecipient shall develop appropriate maintenance schedules and procedures to ensure the equipment, and supplies as applicable, are well-maintained and kept in good operating condition. vi. The Subrecipient shall develop a control system to ensure adequate safeguards to prevent loss, damage, and theft of the property. Any loss, damage, or theft shall be investigated, and a report generated and sent to the Department's Key Personnel. vii. The Subrecipient must obtain and maintain all necessary certifications and licenses for the equipment. viii. lf the Subrecipient is authorized or required to sell the property, proper sales procedures must be established and followed to ensure the highest possible return. For disposition, if upon termination or at the Grant Agreement End Date, when original or replacement supplies or equipment acquired under a federal award are no longer needed for the original project or program or for other activities cunently or previously supported by a federal awarding agency, the Subrecipient must comply with the following procedures: A. For Supplies: lf there is a residual inventory of unused supplies exceeding $5,000 in total aggregate value upon termination or completion of the project or program and the supplies are not needed for any other federal award, the Subrecipient must retain the supplies for use on other adivities or sell them, but must, in either case, compensate the federal government for its share. The amount of compensation must be computed in the same manner as for equipment. DHS-FEMA-HSGP-SHSP-FY2 1 Page 5ot 42 Kittitas County, E22-131 B. For Equipment: 1) ltems with a current per-unit fair-market value of five thousand dollars ($5,000) or less may be retained, sold, transferred, 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 ($5,000) may be retained or sold. The Subrecipient shall compensate the federal awarding agency in accordance with the requirements of 2 CFR 200.313 (e) (2). ix. Records for equipment shall be retained by the Subrecipient for a period of six (6) years from the date of the disposition, replacement, or transfer. lf any litigation, claim, or audit 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 HSGP are listed on the Authorized Equipment List (AEL) located on the FEMA website at https://www.fema.qov/qrantdquidance-tools/authorized-equipment-list. lt is important that the Subrecipient and any non-federal entity to which the Subrecipient makes a subaward regard the AEL as an authorized purchasing list identifying items allowed under the specific grant program and includes items that may not be categorized as equipment accordingto the federal, state, local, and tribal definitions of equipment. The Subrecipient is solely responsible for ensuring and documenting purchased items under this Agreement are authorizei as allowed items by the 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. 9!98 "tpressly provided otherwise, all equipment must meet alt mandatory regulatory and/or DHS/FEMA adopted standards to be eligible for purchase using federalaward tunds. e. lf funding is allocated to emergency communications, the Subrecipient must ensure that all projects comply with SAFECOM Guidance on Emergency Communications Grants ensuring the investments are compatible, interoperable, resilient, and support national goals and objectives for improving emergency communications. f. Effective August 13,2020, FEMA recipients and subrecipients, as well as their contractors and subcontractors, may not obligate or expend any FEMA award funds to: i. Procure or obtain any equipment, system, or seruice that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; ii. Enter into, extend, or renew a contract to procure 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 iii. Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as criticat technology as part of any system. This prohibition regarding certain telecommunications and video surveillance services or equipment is mandated by section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (FY 2019 NDAA), Pub. L. No. 11&232 (2015). Recipients and subrecipients may use DHS/FEMA grant funding to procure replacement equipment and services impacted by this prohibition, provided the costs are otherwise consistent with the requirements of the Manual and applicable NOFO. Per section 889(D(2)-(3) of the FY 2019 NDM, and 2 CFR 200.216, covered telecommunications equipment or services means: DHS-FEMA.HSG P-SHSP.FY2 1 Page 6 ol 42 Kittitas Cou nty, E22-1 3'l i. Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation, (or any subsidiary or affiliate of such entities); ii. For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technotogy Gompany (or any subsidiary or affiliate of such entities); iii. Telecommunications or video surveillance services provided by such entities or using such equipment; or iv. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National lntelligence or the Director of the Federal Bureau of lnvestigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. 9. For OPSG Subrecipients, items budgeted as equipment in an approved Operations Order must follow all associated equipment regulations in the 2 CFR 200.313 and must be marked prominently with "Purchased with DHS funds for Operation Stonegarden Use" when practicable. h. The Subrecipient must pass through 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. ENVIRONMENTAL AND HISTORIGAL PRESERVATION a. The Subrecipient shall ensure full compliance with the DHS/FEMA Environmental Planning and Historic Preservation (EHP) Program. EHP program information can be found at httos://www.fema.oov/qrants/guidance-tools/environmental-historic all of which are incorporated in and made a part of this Agreement. b. Projects that have historical impacts or the potential to impact the environment, including, but not limited to, construction of communication towers; modification or renovation of existingbuildings, structures, and facilities; or new construction, including replacement of facilities, musfparticipite in the DHS/FEMA EHP review process prior to project initiation. Modification of existing buildings, including minimally invasive improvements such as attaching monitors to interior walls, and training or exercises occuning outside in areas not considered previously disturbed also require a DHS/FEMA EHP review before project initiation. c. The EHP review process involves the submission of a detailed project description that includes the entire scope of work, including any alternatives that may be under consideration, along with supporting documentation so FEMA may determine whether the proposed project nal tne potential to i mpact envi ronmental resources and/or historic properties. d. The Subrecipient agrees that, to receive any federal preparedness funding, all EHP compliance requirements outlined in applicable guidance must be met. The EHP review process must be completed and FEMA approval received by the Subrecipient before any work is started for which reimbursement will be later requested. Expenditures for projects started before completion of the EHP review process and receipt of approval by the Subrecipient may not be reimbuised. PROCUREMENT a. The Sgbrecipient shall comply with all procurement requirements of 2 CFR 2OO31Z through 200.327 and as specified in the GeneralTerms and Conditions, Attachment B, A.10. b. For all sole source contracts expec{ed 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 which the Subrecipient makes a subaward, at which point the Subrecipient will be responsible for reviewing and approving sole source justifications of any non-federal entity to which the Subrecipient makes a subaward. 5. 6. DHS-FEMA.HSGP-SH SP-FY2 1 PageT ol 42 Kittitas County, E22-131 SUBRECIPIENT MONITORING a. The Department will monitorthe activities of the Subrecipient from award to closeout. The goal of the Department's monitoring activities will be to ensure that agencies receiving federal pass- through funds are in compliance with this Agreement, federal and state audii requirements, federal grant guidance, and applicable federal and state financial regulations, as well as 2 CFR Part 200 Subpart F. b. To document compliance with 2 CFR Part 200 Subpart F requirements, the Subrecipient shall complete and return to the Department 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 updated form at the beginning of each calendar year in which the Subrecipient has an active agreement. c. Monitoring activities may include, but are not limited to: i. Review of financial and performance reports; ii. Monitoring and documenting the completion of Agreement deliverables; iii. Documentation of phone calls, meetings (e.g., agendas, sign-in sheets, meeting minutes), + 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 (Attachmeht E), and federal requirements; v. Observation and documentation 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 verifu completion of deliverabtes. d. The Subrecipient is required to meet or exceed the monitoring activities, as outlined above, for any non-federal entity to which the Subrecipient makes a subaward as a pass-through entity under this Agreement. e. Compliance will be monitored throughoutthe performance period to assess risk. Concerns will be addressed through a conective action plan. 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 (Titte Vl) prohibition against discrimination on the basis of national origin, which requires that Subrecipienis of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services. Providing meaningfui access for persons with LEP may entail providing language assistance seryices, including oral interpretation and written translation. Executive Order 13166, lmproving Access to Services for Persons with Limited 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 published the required recipient guidance in April 2011, DHS Guidance to Federal Financial Assistance Recipients Regarding Title Vl Prohibition against National Origin Discrimination Affecting Limited English Proficient Persons, 76 Fed. Reg. 2175$21768, (April 18, 2011). The Guidance provides helpful information such as how a recipient can determine the extent of its obligation to provide language services, selecting language services, and elements of an effective pian on language assistance for LEP persons. For additional assistance and information regarding language access obligations, please referto the DHS Recipient Guidance at https://www.dhs,gov/quidante-publisneO- help-department-suoported-oroanizations-orovide-meaninqful-access-peopm resources on hft ps://www. lep. gov. NIMS COMPLIANCE a. The National lncident Management System (NIMS) identifies concepts and principtes that answer how to manage emergencies from preparedness to recovery regardless of their cause, size, location, or complexity. NIMS provides a consistent, nationwide -approach and vocabulary for 7 8. 9. DHS-FEMA-HSGP-SHSP-FY2 1 Page 8 of42 Kittitas County, E22-131 B. multiple agencies or jurisdictions to work together to build, sustain, and deliver the core capabilities needed to achieve a secure and resilient nation, b. Consistent implementation of NIMS provides a solid foundation across jurisdictions and disciplines to ensure effective and integrated preparedness, planning, and response. NIMS empowers the components of the National Preparedness System, a requirement of Presidential Policy Directive 8, to guide activities within the public and private sector and describes the planning, organizationalactivities, 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 2A2l federal preparedness funding, to include 21HSGP, the Subrecipient will ensure all NIMS objectives have been initiated and/or are in progress toward completion. NIMS lmplementation Objectives are located at https://www.fema.qov/sites/defaulUfiles/2020- O7/fema nims implementation-obiectives-2O 1 80530. odf. HSGP SPECIFIC REQUIREMENTS 1. The Subrecipient must use HSGP funds only to perform tasks as described in the Work Plan (Attachments D-1, D-2, D-3), as approved by the Department, and in compliance with this Agreement. a. SHSP-funded projects must assist 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. UAS|-funded projects must assist highthreat, high-density Urban Area efforts to build, sustain, and deliver the capabilities necessary to prevent, prepare for, protect against, and respond to ac{s of terrorism. c. OPSG-funded projects must support enhanced cooperation and coordination among Customs and Border Protection, United States Border Patrol, and federal, state, local, tribal, and territorial law enforcement agencies to support joint efforts to secure the United States' borders along routes of ingress/egress to and from international borders, to include travel corridors in states bordering Mexico and Canada, as well as states and territories with intemationalwater borders. State, local, tribal, and territorial 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 agency funds (including this grant), facilities, property, equipment, or personnel, to investigate, enfor@, cooperate with, or assist in the investigation or enforcement of any federal registration or surveillance programs or any other laws, rules, or policies that target Washington residents solely on the basis of race, religion, immigration, or citizenship status, or national or ethnic origin, except as provided in RCW43.17.425 (3). 2. The Budget (Attachment E) may include the following caps and thresholds: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 that may be used for M&A costs when allocated under this Agreement shall not exceed five percent (5%) but may be less. b. At leasttwenty-five percent (25%) of the combined HSGP award allocated underSHSP and UASI must be dedicated to law enforcement terrorism prevention activities (LETPA). To meet this requirement, the Subrecipient has agreed, at a minimum, to meet the LETPA percentage indicated in the Budget. lf the Subrecipient anticipates spending less than the indicated amount, 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 required. Additional approval steps may also be required before the personnel percentage can be increased. 3. 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 DHS-FEMA-HSG P-SHSP-FY21 Page 9 of 42 Kittitas County, E22-'131 Common Competencies for state, local, and tribal lntelligence Analysts, which outlines the minimum categories of training needed for intelligence analysts. All training to ensure baseline proficiency in intelligence analysis and production must be completed within six (6) months of hiring unless ihe analyst has previously served as an intelligence analyst for a minimum of two (2) yeirs. Proof of satisfaction of this requirement must be accessible to the Department Key Personnel as applicable. 4. lffundingisallocatedtonon-DHSFEMAtraining,theSubrecipientmustrequestpriorwrittenapproval from the Department Key Personnel before attending the training. The Department will coordinate approval with the State Training Point of Contact. lf funding is allocated to non-DHS FEMA training, the Subrecipient must request prior written approval from the Department Key Personnel prior to attending training. The Department will coordinate approval with the State Training Point of Contact. Pursuant to DHS/FEMA Grant Programs Directorate lnformation Bulletin No. 432, Review and Approval Requirements for Training Courses Funded Through Preparedness Grants, httos://www.fem a.oov/sites/defaulUfi les/2020- 94/Training Course Review and Aoproval lB-Final 7 19 18.pdf, the training must fall within the FEMA mission scope and be included in the Subrecipient's Emergency Operations Plan. This requirement only applies to training courses and does not include attendance at conferences. Furthermore, additional federal approvals are required for courses that relate to Countering Violent Extremism prior to attendance. 5. For SHSP and UASI, Subrecipients are required to complete the annual Nationwide Cybersecurity Review (NCSR) https://www.cisecuritv.orq/ms-isac/services/ncsr to benchmark and measure progress of improvement in their cybersecurity posture. 6. ln support of efforts to enhance capabilities for detecting, deterring, disrupting, and preventing acts of terrorism and other catastrophic events, operational overtime costs are allowable for increased protective security measures at critical infrastructure sites or other high-risk locations and to enhance public safety during mass gatherings and high-profile events. However, except for an etevated National Terrorism Advisory System alert, pqlgg written approval is required before 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. 7. Subrecipients should document their preparedness priorities and use them to deploy a schedule of preparedness events in a multi-year lntegrated Preparedness Plan (lPP). Subrecipients are encouraged to participate in the State's annual lntegrated Preparedness Planning Workshop (IPPW 9r may conduct their own local/regional IPPW. lnformation related to lPPs and lntegrated Preparedness Planning Workshops (lPPWs) can be found on the HSEEP webslte at httos://www.fema.qov/HSEEP and https://preptoolkit.fema.oov/. DHS TERMS AND CONDITIONS As a subrecipient of 21HSGP program funding, the Subrecipient shall comply with all applicable DHS terms and conditions of the 21HSGP Award Letter and its incorporated documents for DHS Grant No. EMW-2021-SS-00083-S01, which are incorporated in and made a part of this Agreement as Attachment c. c. DHS-FEMA-HSGP-SHSP-FY2 1 Page 1O ot 42 Kiftitas Coung, E22-1 3'l 4,1 A.3 A.4 4.2 Attachment B Washington State Military Department GENERAL TERMS AND CONDITIONS Department of Homeland Security (DHS/ Federal Emergency Management Agency (FEMA) Grants pEFrNrTtgNS As used throughout this Agreement, the terms will have the same meaning as defined in 2 CFR 200 Subpart A (which is incorporated herein by reference), except as otherwise set forth below: a. "Agreement" means this Grant Agreement. b. 'Department" means the Washington Military Department, as a state agency, any division, section, office, unit or other entity of the Department, or any of the officers or other officials lavufully representing that Department. The Department is a recipient of a federal award directly from a federal awarding agency and is the passthrough 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 this Agreement. Such grant application is hereby incorporated into this Agreement by reference. d. "Monitorlng Activities" means all administrative, financial, or other review activities that are conducted to ensure compliance with allstate and federal laws, rules, regulations, authorities and policies. 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. "Subrecipienf'when capitalized is primarily used throughout this Agreement in reference to the non-federal enti$ identified on the Face Sheet of this Agreement that has received a subaward from the Department. However, the definition of "subrecipient" is the same as in 2 CFR 2OO.g3 for all other purposes. g. "Threat and Hazard ldentification and Risk Assessment (THIRA)" The THIRA is a three-step risk assessment. The THIRA helps communities understand their 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 the SPR process. ADVANCE PAYM ENTS PROHI BITED The Department shall make no payments in advance or in anticipation of goods or services to be provided underthis Agreement. Subrecipient shall not invoice the Department in advance of delivery and invoicing of such goods or services. AMENDMENTS AND MODIFICATIONS The Subrecipient or the Department may request, in writing, an amendment or modification of this Agreement. However, such amendment or modification shall not be binding, take effect or be incorporated herein until made in writing and signed by the authorized representatives of the Department and the Subrecipient. No other understandings or agreements, wriften or oral, shall be binding on the parties. The Agreement performance period shall only be extended by (1) written notification of DHS/FEMA approval of theAward performance period, followed up with a mutually agreed written amendment, or (2) written notification from the Department to the Subrecipient to provide additional time for completion oi the Subrecipient's project(s). gFO. AND ITS IMPLEMENTING REGULATIONS ALSO REFERRED TO AS THE "ADA" 28 CFR part € The Subrecipient must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunication. DHS-FEMA-HSGP-SHSP-FY2 1 Page 11 ot 42 Kittitas County, E22-1 31 A.5 ASSURANCES The Department and Subrecipient agree that all activity pursuant to this Agreement will be in accordance with all the applicable current federal, state and local laws, rules, and regulations. 4.6 CERTIFICATIONREGARDINGDEBARMENT.SUSPENSION. ORINELIGIBILITY As federal funds are a basis for this Agreement, the Subrecipient certifies that the Subrecipient is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Agreement by any federal department or agency. The Subrecipient shall complete, sign, and return a Ceftification Regarding Debarment, Suspenslbn, lneligibility, and Voluntary Exclusion form located at htto://mil.wa.qov/emerqency-manaqement- division/qrants/requiredorantforms. Any such form completed by the Subrecipient for this Agreement shall be incorporated into this Agreement by reference. Further, the Subrecipient agrees to comply with atl applicable federal regulations concerning the federal debarment and suspension system, including 2 CFR Part 180. The Subrecipient certifiesthat itwillensure that potential contractors or subrecipients or any of their principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in "covered transactions" by any federal department or agency. "Covered transactions" include procurement contracts for goods or services awarded under a non-procurement transaction (e.9., grant or cooperative agreement) that are expected to equal or exceed $25,000, and subawards to Subrecipients for any amount. \Mth respect to covered transactions, the Subrecipient may comply with this provision by obtaining a certification statement from the potential contractor or subrecipient or by checking the System for Award Management (https://sam.qov/SAMO maintained by the federal government. The Subrecipient also agrees not to enter into any arrangements or contracts with any parg on the Washington StateDepartment of Labor and lndustries' "Debaned Contractor Lisf' (https://secure.lni.wa.qov/debarandstrike/ContractorDebarlist.asox). The Subrecipient also agrees not to enter into any agreements or contracts for the purchase of goods and services with any party on theDepartment of Enterprise Services' "Debaned Vendor L,bf" (http://www.des.wa.oov/services/ContractinqPurchasino/Business/PaoesA/endor-Debarment.aspx). 4.7 CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING As required by 44 CFR Part 18, the Subrecipient hereby certifies that to the best of its knowledge and belief: (1) no federally appropriated funds have been paid or will be paid by or on behalf of the Subrecipient to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement; (2) that if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Gongress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Agreement, grant, loan, or cooperative agreement, the Subrecipient will complete and submit Standard Form-LLL, "Disclosure Form to Repoft Lobbying," in accordance with its instructions; (3) and that, as applicable, the Subrecipient will require that the language of this certification be included in the award documents for all subawards at alltiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into and is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. A.8 COMPLIANCE WTH APPLICABLE STATUTES. RULES AND DEPARTMENT POLICIES The Subrecipient and all its contractors and subrecipients shall comply with, and the Department is not responsible for determining compliance with, any and all applicable federal, state, and local laws, regulations, executive orders, OMB Circulars, and/or policies. This obligation includes, but is not limited to: nondiscrimination laws and/or policies, Energy Policy and Conservation Act (PL 94-163, as amended), the Americans with Disabilities Act (ADA), Age Discrimination Act of 1975, Title Vl of the Civil Rights Act of 1964, Civil Rights Act of 1968, the Robert T. Stafford Disaster Relief and Emergency Assistance Act, (PL 93-288, as amended), Ethics in Public Service (RCW42.52), Covenant Against Contingent Fees (48 CFR Section 52.20$5), Public Records Act (RCW 42.56), Prevailing Wages on Public Works (RCW DHS-FEMA-HSGP-SHSP-FY21 Page 12ot 42 Kittitas County,E22-131 4.9 A.10 39.12), State Environmental PolicyAct (RCW43.21C), Shoreline ManagementAct of 1971(RCW90.58), State Building Code (RCW 19.27), Energy Related Building Standards (RCW 19.27A), Provisions in Buildings for Aged and Handicapped Persons (RCW 70.92), and safety and health regulations. ln the event of noncompliance or refusalto comply with any applicable law, regulation, executive order, OMB Circular or policy by the Subrecipient, its contractors orsubrecipients, the Department may rescind, cancel, or terminate the Agreement in whole or in part in its sole discretion. The Subrecipient is responsible for all costs or liability arising from its failure, and that of its contractors and subrecipients, to comply with applicable laws, regulations, executive orders, OMB Circulars or policies, coNFLrcT oF INTERESI No officer or employee of the Department; no member, officer, or employee of the Subrecipient or its designees or agents; no member of the governing body of the jurisdiction in which the project is undertaken or located; and no other official of the Subrecipient who exercises any functions or responsibilities with respect to the project during his or her tenure, shall have any personal or pecuniary gain or interest, direct or indirect, in any contract, subcontrac{, or the proceeds thereof, for work to be performed in connection with the project assisted under this Agreement. The Subrecipient shall incorporate, or cause to incorporate, in all such contracts or subawards, a provision prohibiting such interest pursuant to this provision. 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 2O0.317 General procurement standards through 200.327 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) Contracts for more than the simplified acquisition threshold currently set at $250,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. 2) All contracts in excess of $10,000 must address termination for cause and for convenience by the non-federal entity including the manner by which it will be affected and the basis for settlement. 3) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Emplayment Opportunitf' (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Oppoftunity," and implementing regulations at 41 GFR part 60, "Qffice of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." 4) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). \Mren required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Sfandards Provisions Applicable to Contracts Covering Federally Financed and Assr'sfed Construction"). ln accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. ln addition, contractors must be required to pay wages not less than once a week. The non-federalentity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontrad must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti-Kickback" Act (40 U.S.C. 3145), as DHS-FEMA.HSGP-SHSP.FY2 1 Page 13 of 42 Kittitas County, E22-1 31 supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Wrole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or Subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. 5) Contrac{ Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 37O2 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C . 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or artiqles 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 S401.2 (a) and the recipient or Subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or Subrecipient must comply with the requirements of 37 CFR Part 401, .Rrghfs to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 7) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S,C. 1251-1387), as amended-Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 74A17671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387'). Violations must be reported to the federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 8) Debarment and Suspension (Executive Orders 12il9 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 CFR part 1989 Comp., p. 235), "Debarmenf and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 1254g. 9) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)-Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant or any other award covered by 31 U.S.C, 1352. Each tier must also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. 10) Procurement of recovered materials -- As required by 2 CFR 200.322, a non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only DHS.FEMA-HSGP-SHSP-FY2 1 Page 14 ot 42 Kittitas County, E22-1 31 items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 lhat contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energyand resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 11) Notice of federal awarding agency requirements and regulations pertaining to reporting. 12) Federal awarding agency requirements and regulations pertaining to copyrights and rights in data. 13) Access by the Department, the Subrecipient, the federal awarding agency, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documenls, papers, and records of the contractor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions. 14) Retention of all required records for six years after the Subrecipient has made final payments and allother pending matters are closed. 15) Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871). 16) Pursuant to Executive Order 13858 "strengthening Buy-Ameican Preterences for Infrastructurc Projects," and as appropriate and to the extent consistent with law, the non- Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States, as required in 2 CFR Part 200.322, in every contract, subcontract, purchase order, or sub-award that is chargeable against federal financial assistance awards. 17) Per 2 C.F.R. S 200.216, prohibitions regarding certain telecommunications and video surveillance services or equipment are mandated by secfrbn 889 of the John S. McCain National Defense Authoization Act for Fiscal Year 2019 (FY 2019 NDAA), Pub. L. No. 11r- 232 (2018). b. The Department reserves the right to review the Subrecipient's procurement plans and documents and require the Subrecipient to make changes to bring its ptans and documents into compliance with the requirements of 2 GFR Part 200.318 through 200.326. The Subrecipient must ensure that its procurement process requires contractors and subcontractors to provide adequate documentation with sufficient detail to support the costs of the project and to allow both the Subrecipient and Department to make a determination on etigibility of project costs. c. All contracting agreements entered into pursuant to this Agreement shatl incorporate this Agreement by reference. DISCLOSURE The use or disclosure by any party of any information concerning the Department for any purpose not directly connected with the administration of the Department's or the Subrecipient's responsibilities with respect to services provided under this Agreement is prohibited except by prior written consent of the Department or as required to comply with the state Public Records Act, other law or court order. DISPUTES Except as otherwise provided in this Agreement, when a bona fide dispute arises between the parties and it cannot be resolved through discussion and negotiation, either parg may request a dispute resolution panel to resolve the dispute. A request for a dispute resolution board shall be in writing, state the disputed issues, state the relative positions of the parties, and be sent to all parties. The panLl shall consist of a representative appointed by the Department, a representative appointed by the Subrecipient a1d a third party mutually agreed upon by both parties. The panel shall, by majority vote, resolve the dispute. Each party shall bear the cost for its panel member and its attorney fees and costs and share equally the cost of the third panelmember. 4.11 4.12 DHS-FEMA-HSGP-SHSP-FY2 1 Page 15 ot 42 Kittitas County, E22-131 4.13 4.14 A.15 4.16 4.17 LEGAL RELATIONS It is understood and agreed that this Agreement is solely for the benefit of the parties to the Agreement and gives no right to any other party. No joint venture or partnership is formed as a result of this Agreement. To the extent allowed by law, the Subrecipient, its successors or assigns, will protect, save and hold harmless the Department, the state of Washington, and the United States Government and their authorized agents and employees, from all claims, actions, costs, damages or expenses of any nature whatsoever by reason of the acts or omissions of the Subrecipient, its subcontractors, subrecipients, assigns, agents, contractors, consultants, licensees, invitees, employees or any person whomsoever arising out of or in connection with any acts or activities authorized by this Agreement. To the extent allowed by law, the Subrecipient further agrees to defend the Department and the state of Washington and their authorized agents and employees in any litigation; including payment of any costs or attorneys' fees for any claims or action commenced thereon arising out of or in connection with acts or ac'tivities 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 resultirom the concurrent negligence of (1) the Department, and (2) the Subrecipient, its agents, or employees, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the Subrecipient, or the Subrecipient's agents or employees. lnsofar as the funding source, FEMA, is an agency of the Federal government, the following shall apply: 44 CFR 206.9 Non-liabilitv. The Federal government shall not be liable for any claim based upon the exercise or performance of, or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of the Federal government in carrying out the provisions of the Stafford Act. LtM|TAT|ON OF AUTHOR|TY - AU.THORTZED 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, modiff, ol waive any clause or condition of this Agreement. Any alteration, amendment, modification, or waiver of any clause or condition of this Agreement is not effective or binding unless made in writing and signed by both parties' Authorized Signature representatives, except as provided for time extensions in Article 4.3. Further, only the Authorized Signature representative or Alternate for the Subrecipient shall have signalure authority to sign reimbursement requests, time extension requests, amendment and modification requests, requests for changes to projects or work plans, and other requests, certifications and documents authorized by or required under this Agreement. LOSS OR REDUCTION OF FUNDING ln the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement and prior to normal completion or end date, the Oepartment may unilaterally reduce the work plan and budget or unilaterally terminate all or part of the Agreement as a "Termination for Cause' without providing the Subrecipient an opportunity to cure. Alternatively, the parties may renegotiate the terms of this Agreement under "Amendments and Modifications" to comply with new funding limitations and conditions, although the Department has no obligation to do so. NONASSIGNABILITY Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by the Subrecipient. NONDISCRIMlNATION The Subrecipient shall comply with all applicable federal and state non-discrimination laws, regulations, and policies. No person shall, on the grounds of age, race, creed, color, sex, sexual orientation, religion, national origin, marital status, honorably discharged veteran or military status, or disability (phyJical, mental, or sensory) be denied the benefits of, or otherwise be subjected to discrimination under any project, program, or activity, funded, in whole or in part, under this Agreement, DHS-FEMA.HSGP.SHSP-FY2 1 Page 16 of42 Kittitas County, E22-1 31 A.18 A.19 4.20 4.21 4.22 4.23 A.24 4.25 NOTICES The Subrecipient shall comply with all public notices or notices to individuals required by applicable local, state and federal laws and regulations and shall maintain a record of this compliance. 09"QUt4f!9,\lAL SAFETYIHEALTH-AOT and WASHINGTON INDUSTRIAL SAFETY/HEnLTH ncr(osHAAgsHA) The Subrecipient represents and warrants that its workplace does now orwill meet allapplicable federal and state safety and health regulations that are in effect during the Subrecipient's performance under this Agreement. To the extent allowed by law, the Subrecipient further agrees to indemniff and hold harmless the Department and its employees and agents from all liability, damages and costs of any nature, including, but not limited to, costs of suits and attorneys' fees assessed against the Department, as a result of the failure of the Subrecipient to so comply. OWNERSH IP OF PROJECT/CAPITAL FACI LITIES The Department makes no claim to any capitalfacilities or real property improved or constructed with funds under this Agreement, and by this subaward of funds does not and will not acquire any ownership interest or title to such property of the Subrecipient. The Subrecipient shall assume all liabilities and responsibilities arising from the ownership and operation of the project and agrees to indemnify and hold the Department, the state of Washington, and the United States government harmless from any and all causes of action arising from the ownership and operation of the project. POLITICAL ACTIVITY No portion of the funds provided herein shall be used for any partisan political activity or to further the election or defeat of any candidate for public office or influence the approval or defeat of any ballot issue. PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION The assistance provided under this Agreement shall not be used in payment of any bonus or commission for the purpose of obtaining approval of the application for such assistance or any other approval or concurrence under this Agreement provided, however, that reasonable fees or bona fide technical consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as project costs. PUBLICITY The Subrecipient agrees to submit to the Department prior to issuance all advertising and publicity matters relating to this Agreement wherein the Department's name is mentioned, or language used from which the connection of the Department's name may, in the Department's judgmeni, be inferred or implied. The Subrecipient agrees not to publish or use such advertising and publicity matters without the prior written consent of the Department. The Subrecipient may copyright originalwork it develops in the course of or under this Agreement; howevel pursuant to 2 CFR Part 200.315, FEMA reserves a royalty- free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authoriie others to use the work for government purposes. Publication resulting from work performed under this Agreement shall include an acknowledgement of FEMA's financial support, by the Assistance Listings Number (formerly CFDA Number), and a statement that the publication does not constitute an endorsement by FEMA or reflect FEMA's views. RECAPTURE PROVISION ln the event the Subrecipient fails to expend funds under this Agreement in accordance with applicable federal, state, and local laws, regulations, and/or the provisions of the Agreement, the Department reserves the right to recapture funds in an amount equivalent to the extent of noncompliance. Such right of recapture shall exist for the life of the project following Agreement termination. Repayment by the Subrecipient of funds under this recapture provision shall occur within 30 days of demand. ln the eventthe Department is required to institute legal proceedings to enforce the recapture provision, the Department shall be entitled to its costs and expenses thereol including attorney fees from the Subrecipient. RECORDSa. The Subrecipient agrees to maintain all books, records, documents, receipts, invoices and all other electronic or written records nec€ssary to sufficiently and properly reflect the Subrecipient's contracts, subawards, grant administration, and payments, including all direct and indirect charges, and expenditures in the performance of this Agreement (the "records"). DHS.FEMA.HSGP-SHSP-FY2 1 Page 17 ot 42 Kittitas County, E22-1 31 b. The Subrecipient's records related to this Agreement and the projects funded may be inspected and audited by the Department or its designee, by the Office of the State Auditor, DHS, FEMA or their designees, by the Comptroller General of the United States or its designees, or by other state or federal officials authorized by law, for the purposes of determining compliance by the Subrecipient with the terms of this Agreement and to determine the appropiiate level of funding to be paid under the Agreement. c. The records shall be made available by the Subrecipient for such inspection and audit, together with suitable space for such purpose, at any and all times during the Subrecipient's normal working day. d. The Subrecipient shall retain and allow access to all records related to this Agreement and the funded project(s) for a period of at least six (6) years following final payment and closure of the grant underthis Agreement. Despite the minimum federal retention requirement of three (3) years, the more stringent State requirement of six (6) years must be followed. 4.26 RESPONSIBILITY FOR PROJECT/STATEME.NT OF WORI(MORK PLAN \A/hile the Department undertakes to assist the Subrecipient with the projecVstatement of worUwork plan (project) by providing federal award funds pursuant to this Agreement, the project itself remains the sole responsibility of the Subrecipient. The Department undertakes no responsibility to the Subrecipient, or to any third party, other than as is expressly set out in this Agreement. The responsibility for the design, development, construction, implementation, operation and maintenance of the project, as these phrases are applicable to this project, is solely that of the Subrecipient, as is responsibility for any claim or suit of any nature by any third party retated in any way to the pioject. Prior to the start of any construction activity, the Subrecipient shall ensure that all applicable federal, state, and local permits and clearances are obtained, including, but not limited to, FEMA compliancewith the National Environmental Policy Act, the National Historic Preservation Act, the Endangeied Species Act, and allother environmental laws, regulations, and executive orders. The Subrecipient shalldefend, at its own cost, any and all claims or suits at law or in equity, which may be brought against the Subrecipient in connection with the project. The Subrecipient shail not toot to the Department, or to any state or federal agency, or to any of their employees or agents, for any performance, assistance, or any payment or indemnity, including, but noi timiteO to, cost of defense and/or attorneys' fees, in connection with any claim or lawsuit brought by any third party related to any design, development, construction, implementation, operation and/or malntenance oia frolect. A.27 SEVERABILITY lf any court of rightfuljurisdiction holds any provision or condition under this Agreement or its application to any person orcircumstances invalid, this invalidity does not affect other provisions, terms or conditions of the Agreement, which can be given effect without the invalid provision. To this end, the terms and conditions of this Agreement are declared severable. A.28 SINGLE AUDIr ACT REQUIREMENTS (inctudino ail AMENDMENTS) The Subrecipient shall comply with and include the following audit requirements in any subawards. Non-federal entities, as Subrecipients of a federal award, that expend $750,000 or more in one fiscal year of federal funds from all sources, direct and indirect, are required to have a single or a program- specific audit conducted in accordance with 2 CFR Part 200 Subpart F. Non-federal entities fi"rat Jpend less than $750,000 a yeat 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, theterm "non-federalentity" means a state, local government, lndian tribe, institution of higher education, or nonprofit organization that canies 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 Ggnerally Accepted Government Auditing Standards (GAGAS) as found in the Government Auditing Standards (the Revised Yellow Book) developed by the United States Comptroller General and the OMB Compliance Supplement. The Subrecipient has the responsibility of notiffing its auditor and requesting an audit in compliance with 2 CFR Part 200 Subpart F, to include the Washington State Audito/i Omce a federal auditor, or a public accountant performing work using GAGAS, aJ appropriate. Costs of the audit may be an allowable grant expenditure as authorizedby 2 CFR Part 200.425.' DHS-FEMA-HSGP-SHSP-FY2 1 Page 18 of42 Kitlitas County, E22-1 31 The Subrecipient shall maintain auditable records and accounts so as to facilitate the audit requirement and shall ensure that any subcontractors also maintain auditable records. The Subrecipient is responsible 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 shall be included with the audit report. The Subrecipient must respond to Department requests for information or corrective action concerning audit issues or findings within 30 days of the date of request. The Department reseryes the right to recover from the Subrecipient all disallowed costs resulting from the audit. After the single audit has been completed, and if it includes any audit findings, the Subrecipient must send a full copy of the audit and its Corrective Action Plan to the Department at the following address no later than nine (9) months after the end of the $ubrecipient's fiscal year(s): Contracts Office Washington Military Department Finance Division, Building #1 T A-20 Camp Murray, WA 98430-5032 The Department retains the sole discretion to determine whether a valid claim for an exemption from the audit requirements of this provision has been established. Gonducting a single or program-specific audit in compliance with 2 CFR Part 200 Subpart F is a material requirement of this Agreement. ln the absence of a valid claim of exemption from the audit requirements of 2 CFR Part 200 Subpart F, the Subrecipient's failure to comply with said audit requirements may result in one or more of the following actions in the Department's sole discretion: a percentage of federal awards being withheld until the audit is completed in accordance with 2 CFR Part 200 Subpart F; the withholding or disallowing of overhead costs; the suspension of federal awards until the audit is conducted anl submitted; or terminatlon of the federal award. SUBRECIP.IENT NOT EMPLOYEE The parties intend that an independent contractor relationship will be created by this Agreement. The Subrecipient, and/or employees or agents performing under this Agreement are not emplolees or agents of the Department in any mannerwhatsoever. The Subrecipientwill not be presented as, nor claim ib be, an officer or employee of the Department by reason of this Agreement, nor will the Subrecipient make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of the Department or of the state of Washington by reason of this Agreement, including, but not limiied to, Workmen's Compensation coverage, unemployment insurance benefits, sociaf security benefits, retirement membership_or credit, or privilege or benefit which would accrue to a civil service employee under Chapter 41.06 RCW. It is understood that if the Subrecipient is another state department, state agency, state university, state college, state community college, state board, or state commission, that the offiCers and emptoyees are employed by the state of Washington in their own right and not by reason of this Agreement. TMES. FEES AND LICENSES Unless otherwise provided in this Agreement, the Subrecipient shall be responsible for, pay and maintain in cunent status alltaxes, unemployment contributions, fees, licenses, assessments, peimit charges and expenses of any other kind for the Subrecipient or its staff required by statute or regulation that are applicable to Agreement performance. TERMI NATION FOR CONVENIENCE Notwithstanding any provisions of this Agreement, the Subrecipient may terminate this Agreement by providing written notice of such termination to the Department Key Personnel identified in the Agreemenl, specifying the effective 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 best interests of the state of Washington, may terminate this Agreement in whole or in part ten (10) business days after emailing notice to the Subrecipient. Upon notice of termination ior convenience, the Department reseryes the right to suspend all or part of the Agreement, withhold further payments, or prohibit the Subrecipient from incurring additional obligations of funds. ln the event of termination, the Subrecipient shall be liable for all damages as authorized by law. The rights and remedies of the Department provided for in this section shall not be exclusive and are in addition to any other rights and remedies provided by law. 4.29 A.30 A.31 DHS-FEMA-HSGP-SHSP,FY21 Page 19 of42 Kittitas County, E22-131 4.32 A.33 A.34 TERMTNATTON OR SU$PENSION FOR LOSS OF FUNDTNG The Department may unilaterally terminate or suspend all or part of this Grant Agreement, or may reduce its scope of work and budget, if there is a reduction in funds by the source of those funds, and if such funds are the basis for this Grant Agreement. The Department will email the Subrecipient ten (10) business days prior to termination. TERMINATION OR SUSPENSION FOR CAUSE ln the event the Department, in its sole discretion, determines the Subrecipient has failed to fulfill in a timely and proper manner its obligations under this Agreement, is in an unsound financial condition so as to endanger performance hereunder, is in violation of any laws or regulations that render the Subrecipient unable to perform any aspect of the Agreement, or has violated any of the covenants, agreements or stipulations of this Agreement, the Department has the right to immediately suspend or terminate this Agreement in whole or in part. The Department may notify the Subrecipient in writing of the need to take corrective action and provide a period of time in which to cure. The Department is not required to allow the Subrecipient an opportunity to cure if it is not feasible as determined solely within the Department's discretion. Any time allowed for cure shall not diminish or eliminate the Subrecipient's liability for damages or otherwise affect any other remedies available to the Department. lf the Department allows the Subrecipient an opportunity to cure, the Department shall notifiy the Subrecipient in writing of the need to take corrective action. lf the corrective action is not taken within ten (10) calendar days or as otherwise specified by the Department, or if such corrective action is deemed by the Department to be insufficient, the Agreement may be terminated in whole or in part. The Department reserves the right to suspend all or part of the Agreement, withhold further payments, or prohibit the Subrecipient from incurring additional obligations of funds during investigation of the alleged compliance breach, pending corrective action by the Subrecipient, if allowed, or pending a decision by the Department to terminate the Agreement in whole or in part. ln the event of termination, the Subrecipient shall be liable for all damages as authorized by law, including, but not limited to, any cost difference between the original Agreement and the replacement or cover Agreement and all administrative costs directly related to the replacement Agreement, e.g., cost of administering the competitive solicitation process, mailing, advertising and other associated staff time. The rights and remedies of the Department provided for in this section shall not be exclusive and are in addition to any other rights and remedies provided by law. lf it is determined that the Subrecipient (1) was not in default or material breach, or (2) failure to perform was outside of the Subrecipient's control, fault or negligence, the termination shall be deemed to be a termination for convenience. TERMINATION PROCEDURES ln addition to the procedures set forth below, if the Department terminates this Agreement, the Subrecipient shall follow any procedures specified in the termination notice. Upon termination of this Agreement and in addition to any other rights provided in this Agreement, the Department may require the Subrecipient to deliver to the Department any property specifically produced or acquired for the performance of such part of this Agreement as has been terminated. lf the termination is for convenience, the Department shall pay to the Subrecipient as an agreed upon price, if separately stated, for properly authorized and completed work and services rendered or goods delivered to and accepted by the Department prior to the effective date of Agreement termination, the amount agreed upon by the Subrecipient and the Department for (i) completed work and services and/or equipment or supplies provided for which no separate price is stated, (ii) partially completed work and services and/or equipment or supplies provided which are accepted by the Department, (iii) other work, services and/or equipment or supplies which are accepted by the Department, and (iv) the protection and preservation of property. Failure to agree with such amounts shall be a dispute within the meaning of the "Disputes" clause of this Agreement. lf the termination is for cause, the Department shall determine the extent of the liability of the Department. The Department shall have no other obligation to the Subrecipient for termination. The Department may withhold from any amounts due the Subrecipient such sum as the Department determines to be necessary to protect the Department against potential loss or liability. DHS-FEMA-HSG P-SHSP-FYz 1 Page 20 ot 42 Kittitas County, E22-1 31 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 othenrvise directed by the Department in writing, the Subrecipient shall: a. Stop work under the Agreement on the date, and to the extent specified, in the notice;b. Place no further orders or contracts for materials, services, supplies, equipment and/or facilities in relation to this Agreement except as may be necessary for completion of such portion of the work under the Agreement as is not terminated; c. Assign to the Department, in the manner, at the times, and to the extent directed by the Department, all of the rights, title, and interest of the Subrecipient under the orders and coniracts so terminated, in which case the Department has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and contracts; d. Settle all outstanding liabilities and all claims arising out of such termination of orders and contracts, with the approval or ratification of the Department to the extent the Department may require, which approval or ratification shall be final for all the purposes of this clause;e. Transfer title to the Department and deliver in the manner, at the times, and to the extent directed by the Department any property which, if the Agreement had been completed, would have been required to be furnished to the Department; f. Complete performance of such part of the work as shall not have been terminated by the Department in compliance with allcontractual requirements; andg. Take such action as may be necessary, or as the Department may require, for the protection and preservation of the property related to this Agreement which is in the possession of the Subrecipient and in which the Department has or may acquire an interest. u,TrLr,r4noN oF MtNoR 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 gtqdalde based upon local conditions or may use the state of Washington wlWae goals, as identified in WAC 326-30-041. VENUE This Agreement shall be construed and enforced in accordance with, and the validity and performance shall begoverned by, the laws of the state of Washington. Venue of any suit betweeritne pirties arising out of this Agreement shall be the Superior Court of Thurston County, Washington. The Subrecipient, b! 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. 4.35 A.36 4.37 DHS-FEMA-HSGP.SHSP-FY2 1 Page 21 ot 42 Kittitas County, E22-131 Attachment G 2lHSGP Award Documents EMW-2021€S-00083-301 U.S. Department of Homeland Security Washington, O.C.2A472 Brel Daugherly Washirtgton Military D epa rtme nt Building 20 Camp Munay, WA9843B - 5122 Re: Granl No.EMW-202 1.SS-00083 Dear Brel Daugherty: Congratulations, on behalf of the Deparlmenl of Homeland Security, your application for financial assistance submitted under lhe Fiscal Year (FY) 2021 Homeland Security Grant Program has been approved in the amount of $14284,938.00. You are not required to malch lhis award with any amount af non-Federalfunds. Befora. you. request a nd receiv e an y of lhe Fe de ra I fun ds award ed to you , you mu sl establish a ccsplance of lhe awa rd. By accepting lhis award, you acknowledge lhal the lerms of lhe following documenls are incorporaled into lhe lerms of your - award: . Agreement Articles {attached to this Award Lefler). Obligating Documenl (altached to this Award Letter). FY ?0.21 Homeland Securily Grant Program Notice of Funding Opportunity. ' FElvlA Preparedness Grants Manual Please make sure you read, understand, and maintain a copy of these documenlsin yourofficial fileforthis eward. ln orderto establish acceptance of he award and its lerms, please followihese inslructions: Slep 1: Please log in lo lhe ND Grants system at https://portal.fema.gov. Slep 2: After logging ln, you will see the Home page with a Pending Tasks menu. Click on the Pending Tasks menu, select thr Applicalion sub,menu, end then click lhe link for "AwErd Offer Review'tasks. This linkwillnavigate you to Award Packages that are pending review, Slep 3: Click lhe ReviewAward Package icon {wrench) lo reviewthe Award Package and accept or decline the award. Plaase save 0r print the Award Package for your records. System for Award Management (SAM), Granl recipients are l0 keep all of lheir information up to date in SAM, in particular, your organizalion's name, address, DUNS number, EIN and banking informalion. Please Bnsure that lhe DUNS number used in SAful is lhe same one used 1o apply fsr all FEMA awards. Fulure payments will be contingenl on the informdtion provided in the SAM; lherefore, it is imperative thal lhe informalion is correct. The System for Award Managemant is localed at http:// www.sam.uov, lf you have any questions or have updaled your informalion in SAM, please let your Granls Management Specialist {GMS)knowassoonaspossibla.Thiswillhelpustomekethe necessaryupdalesandavoidanyinterruptionsinlhepayment process. DHS-FEMA.HSGP-SHSP-FY2 1 Page22of 42 Kittitras County, E22-1 31 -l CHRISIOPHER PATRICK LOGAN GFD Assrstant Administrator DHS-FEMA-HSGP.SHSP-FY2 1 Page 23 ol 42 Kittitas Coung, E22-1 31 U.S. Department of Homeland Security Washington, D.C.2A472 GRANTEE: PROGRAM: AGREEftIENT TIUMBER: Ailicle I Adicle ll Anide lll Adicle lV Aticle V Atide Vl Arlicle Vll Articla Mll Adide lX Artic,le X Adicle Xl Arlicle Xll Article Xlll Article XIV AGREEME}IT ARTICTES Homeland Security Granl Program Wa *r ington Milila ry Depa rtment Homeland Security Grant Program EMW-2021-S900m3-Sl1 TAEIE OF CONTEHTS Summary Description of Award Funding Hold: SHSP National Priorities Oparation Stonegarden Program Hold Operation Slonegarden Program Peformance Goal Limited English Proficiency (Cluil Rights Act of 19&1, Title Vl) Universalldentifier and Sysiem of Award Managemenl Americans with 0isabillties Act of 1990 SAFECOM Rehabilitation Act of 1973 Nalional Environmental Policy Act Acknowledgement of Federal Funding from DHS USAPATRIOT Act of 2001 Age Discdmination Act of 1975 Civil Righls tut of 196i1 - Title M DHS-FEMA-HSGP-SHSP-FY2 1 Page 24 ot 42 Kittitas County, E22-131 Article X/ Article XVI Article X/ll Article X/lll Article XIX Article )C( Article XXI Article )C(ll Article )C(lll Ailicle XXIV Article )C(V Article )C(Vl Article )O0ll Article )O(Vlll Article )C(lX Article )C(X Article )C(Xl Article )C(Xll Article )C(Xlll Article )C(XV Article )CKX/ Article )C(X/l Applicability of DHS Standard Terms and Conditions to Tribes Notice of Funding Opportunity Requirements Trafficking Victims Protection Aot of 2000 ffVPA) Acceptance of Post Award Changes Non-Supplanting Requirement Drug-Free Workplace Regulations Federal Leadership on Reducing Text Messaging while Driving Environrnental Planning and Historic Preservation (EHp) Review DHS Specific Acknowledgements and Assurances Elest Practices for Collection and Use of Personally ldentifi able lnformation Civil Rights Act of 1968 Debarment and Suspersion Activities Conducted Abroad Energy Policy and Conservation Act Procurement of Recovered Materials Horneland Security Grant Program Performarrce Goal Terrorist Firnrning Prior Approval for Modification of Approved Eludget Hotelard Motel Fire Safety Ad of 1990 Duplication of Elenefits Fly America Ad.of 1974 Reporting of Matters Related to Recipient lntegrity and Performance DHS.FEMA-HSGP-SHSP.FY2 1 Page25 ol 42 Kittitas Co unty, E22-1 31 Article )C(X/ll Article )C(XVIll Article )C(XIX Article XL Article XLI Article XLll Article XLlll Article XLIV Article XLV Article )(LVl LobhTing Prohibitions False Claims Act and Program Frar.d Civil Remedies Federal Debt Status Nondiscrimination in Matters Pertaining to Faith-Based Organizations Disposition of Equiprnent Acquired Under the Federal Award Ed ucatio n Amendme nts ot'l 97 2 (Eq m I Opportunity i n Education Act) - Title lX Copyright Reporting Subawards and Executive Compensation Use of DHS Seal, Logo and Flags \Mistleblower Protection Ac-t Article XLVII Assurances, Administrative Requirenrents, Cost Principles, Representations and Certifications Article XLVlll Patents and lntellectual Propefi Rights Article I - Summary Descrlptlon of Award The purpose of the FY 2021 HSGP is to support state and local efforts to prevent terrorism and other catastrophic events and to prepare the Nation for the threab and hazards that pose the greatest risk to the security of the United States. The HSGp provides funding to implement investments that build, sustain, and deliver the 32 oore capaUlities essential to achieving the National Reparedness Goal of a secure and resilient Nation. Annng the five basio homeland seourity missions notecl in the DHS Quadrennial Homeland Security Review, HSGP supports the goal to Strengthen National Preparedness and Resilience. The building, sustainrnent, and delivery of these core capabilities are not exclusive to any single level of government, organization, or oommunity, but ratler, require the comUned effort of the whole community. This HSGP award consists of State Honeland Seourity Program (SHSP) funding in the anpunt of $6,428,138, Urban Area Seourity lnifiative (UASI) funding in the amount of $6,250,000 (Seattle Area, $6,250,000), and Operation Stonegarden (OPSG) funding in the amount of $1,606,800. The follcnring counties shall receive OPSG subawards for the following anpunts: Adams $75,000; Clallam $100,000; Ferry $112,500; lsland $100,000; Janestoarn S'Klallam Tribe $80,000; Lower Elwha Tribe $75,000; Makah Tribe $75,000; Nooksack $99,000; Okanogan $100,000; Pend Oreille $150,000; Quileute Tribe $60,300; San Juan $100,00O; Spokane $155,0@; Stevens $150,000; Swinomish Tribe $75,000; \Matcom $100,000. These grant programsfund a range ol activities, includirg plannirg, organization, equipment purchase, training, exercises, and management and administration across all core capabilities and mission areas. Article ll - Funding Hold: SHSP Natlonal Priorities FEMA has flaced a funding hold on the folloring investments under the national priority areas, and $353,303 of SHSP funds is on lpld in the FEMA financial systems. Untilthe hold is released, the recipient is prohibited from drawing down funds or reimbursing subrecipients, ard the subnecipients are prohibited from obligatirg or experding SHSP funds, for the cocts or activities identified below. The hold only applies to the anpunt of funds identilied for each SHSP investment under the national priority areas below. To release this hold, additional information is required for the investments identified below which must be submitted in the December 2021 Biannual Strategy lmplementation Report (BS|R). DHS.FEMA-HSGP-SHSP.FY2 1 Page 26 ot 42 Kittitas County, E22-131 Cybersecurity $1 62,500 Kitsap, County of NP CS Project #2: Region 2 Gybersecurity Conference for Small Businesses and Non-Profits, $32,500 King, County of NP CS Project ll4: Region 6 Team Awareness Kit, $50,000 King, County of NP CS Project #6; Region 6 Regional Clbersecurity Workshop and Training Resources, $80,000 Emerging Threats, $190,803 WA State Military Department NP ET Project #2: State Private Sector and Critical lnfraskucture Program, $70,803 Clark, County of NP ET Prolect #6: Region 4 Personal Protective Equipment, $70,000 Clar( County of NP ET Project #12: Region 4 Target Hardening ard Vulnerability Assessment, $50,000 lf you have questions about this funding hold or believe it was placed in error, please contact the DHS/FEMA Headquarters Preparedness Officer. Article lll - Operation Stonegarden Program Hold The recipient is prohibited from drawing down OPSG funding under this award or reimbursing OPSG subrecipients of this award until each unique, lpecific, or modified county levet, tibal, or equivalent Operations Order or Fragmentary Order (FRAGO) has been reviewed by FEMA/GPD and Customs and BorderProtection/United States Border Pahol (CBPruSBP). The recipient will receive the officisl notification of approval frorn FEIvIAIGPD. Artlcle lV - Operation Stonegarden Program Perforrmnce Goal ln addition to the Biannual Strategy lmplementation Report (BSIR) submission requirements outlined in the Preparedness Grants Manual, recipients must demonstrate how the grant-funded project addressed the core capability gap associated with this project and identified in the Threat and Hazard ldentification and Risk Analysis CI.HIRA) or Stakeholder Preparedness Review (SPR) or sustains existirg capabilities as applicable. The capability gap reduction or capability sustainnrent mtst be addressed in the Project Description of the BSIR for each project Artlcb V - Limlted English Proflclency (Glvll Rlghts Ac{ of 198f, Tifle Vt) Recipients mmt complywith Title Vl of the CivilRights Actof 1964, (42 U.S.C. section 2000d etseg.) pohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assi$arpe take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidanoe: https/Altn,tru.dhs.gov/guidance- publishecl-help-departrnent- supported-organizations-provide-meanirgful-access-people- limited and additional resources on http:/Alww.lep.gw. Article Vl - Unlversal ldentlflerand System of Amrd lrJhnagement Recipients are required to comply with the requirements set forth in the govemment-wide financial assi$ance award term regarding the System for Award Management and Universal ldentifier Requiremenb located at 2 C.F.R. Pat2S,Appendix A, the fulltext of which is incorporated here by reference. Artlcle Vll - Amerlcans with Disablltfies Act of t990 Recipents must comply with the requirements of Titles l, ll, and lll of the Anericans with DisabititiesAot Pub. L. No. 101-336 (1990) (mdified as amended al42 U.S.C. sections 12101- 17213'), which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systerns, places of public accommodation, and certain testing entities. Artlcle Vlll - SAFECOM Recipients receiving federal financial assistance awards made under prograns that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. Article lX - Rehabllftation Act of 1973 Recipients mwt comply with the requirements of Section 504 ol he Rehabititation Act d 1973, Pub. L 93-11 2 (1973), (mdified as anended at 29 U.S.C. section 794,) which provides that no othenrvise qualilied handicapped individ'uals in DHS.FEMA-HSGP.SHSP-FY2 1 Page27 of 42 Kittitas County, E22-1 31 tlrc United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. Article X - National Environmental PolicyAct Recipients must comply with the requirements of the NaflonalEnvironmenbl Policy Act of 1969 (NEqA), pub. L. 91-190 (1970) (codified as amended at 42 U.S.C. section 4321 et sq.) and the Councilon Environmentat Quality (CEe) Regutations for lmplementing the Procedural Provisions of NEPA, which require recipients to use all practicable means within their authority, and consistent with other essential considerations of national policy, to create and maintain conditions under which people and nature can exist in productive harmony and fulfill the social, economic, and other needs of present and future generations of Americans. Artlcla Xl - Acknowledgement of Federal Fundlng from DHS Recipients must acknowledge their use of federal funding when issuing staternents, press releases, requests for proposal, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds. Article Xll - USA PATRIOT Act of 2(Dl Recipients must comply with requirements of Section 817 of the lJniting and Strerrytlwting America by Providing Appropriate Tools Rquird to lntercept arr/d Qbstnnt Tenqism Act of 2001 (USA PATRIOT Act), Pub. L. No. 107:s6, wnicn amdnO's tA U.S.C. sections 175-175c. Artlcle Xlll - Age Dlscrlmlnation Act of 1975 Recipients must comply with the requirements of the Age Discrimination Act of 1975, Pub. L. No. 94-135 (1975) (codified as amended at Title 42, U.S. Code, section 6101 ef seg.), which prohibits discrimination on the basis of age in any program or activity receiving federal financial assistance. Article XIV - Givil Rights Act of 198{ - Title Vl Recipients must comply with the requirements of Title Vl of the civil Rights Act of 1964 (codified as amended at 42 u.s.c. section 2000d ef seg.), which Provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or ac.tivity receiving federal financial assistance. DHS implementing regulations for the Act are found at 6 C.F.R. part21 and q4 C. F. n. Parl7. Arficle XV - Applicabllity of DHS Standard Terms and Gonditions to Trtbes The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon recipients and flow dovrrn to subrecipients as a matter of law, regulation, or executive order. lf the requirement does not appy to lndian tribes or there is a federal law or regulation exempting its applioation to lndian kibes, then the acceflance by Tribes of, or acquiescenoe to, DHS Standard Terms and Conditions does not change or alter its inapplioability to an lndian tribe. The exeoution of grant docurnents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribe where it does not already exist. Article XVI- Notic-e of Funding Opportunity Requirements All the insfuctions, guidance, limitations, and other conditions set forth in the Notice of Fundirrg Opportunity (NOFO) for this program are incorporated here S reference in the award terms and conditions. All recipients mr.rst comply wiih any such requirements set forth in the program NOFO. Article XVll - Trafficklng Victims Protection Act of 2000 (TVPA) Recipierils must comply with the requirements of the government-wide financial assistarrce award term which implements Section 106(9) of the Trafficking Victins Protection Act of 2000 IruPA), codified as amended at 22 U.S.C. section 7104.'the award term is located at 2 C.F.R. section 175.15, the full text of which is inoorporated here by reference. Artlcle XVlll - Acceptance of Post Award Changes ln the etrent FEMA determines that changes are necessary to the award document after an award has been rnade, including changes to period of performance or terms and conditiors, reoipients will be notified of tle changes in writing. Once notification has been made, any subsequent request for funds will indicate recipient accegance bt the ohanges to the DHS.FEMA-HSGP-SHSP-FY2 1 Page 28 ot 42 Kittitas County, E22-131 award. Please call the FEMA/GMD Call Center at (866) 927-5646 or via e-mail to ASK-GMD@fema.dhs.gov if you have any questions. Article XIX - Non€upplanting Requirement Recipients receiving federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non-federal sources. Article XX - Drug-Free Workplace Regulations Recipients must comply with drug-free workplace requirements in Subpart B (or Subpart C, if the recipient is an individual) of 2 C.F.R. Part 3001, which adopts the Government-wide implementation (2 C.F.R. Part 182) of Sec. 5152-5158 of the Dn4g-Free Workplace Act of 1988 (41 U.S.C. sections 8101-8106). Article XXI - Federal Leadership on Reducing Text ll/lessaging while Driving Recipients are encouraged to adopt and enforce policies that ban text messaging while driving as described in E.O. 13S13, including conducting initiatives described in Section 3(a) of the Order when on official government business or when performing any work for or on behalf of the federal government. Article XXll - Environmental Plannlng and Historic Preservdion (EHp) Review DHS/FEMA turded activities that may require an EHP review are subject to the FEMA Environmental Planning and Historic Preservation (EHP) review process. This review does not address all federal, state, and local requirements. Acoeptance of federal funding requires recipient to comply with all federal, state, and local laws. DHS/FEMA is required to consider the potential impacb to natural and cultural resources of all projects funded by DHS/ FEMA grant funds, through its EHP Review process, as mandated by the National Environmental Policy Act; National Historic Preservation Act of 1966, as amended, National Flood lnsurance Program regulations; and, any other applicable laws and Executive Or&rs. To access the FEMA EHP screening form and inslructions, go to the DHS/FEMA website at: https://www.fema.oov/media-librarylassetVdocumentslgOl g5. ln order to initiate EHP review of your projec{(s), you must complete all relevant sections of this form and submit it to the Grant Programs Directorate (GPD) along with all other pertinent proieot information. The EHP review prooess must be completed before furds are released to carry or.rt the proposed project; otherwise, DHS/FEMA may not be able to fund the project due to noncompliance with EHP laws, executive order, regulations, and policies. lf ground disturbing activities occur during construction, applicant will monitor ground disturbance, and if arry potential archeological tesources are discovered, applicant will immediately cease work in that area and notifo the pass-through entity, if applicable, and DHS/FEMA. Article XXlll. DHS Speclfic Acknowledgernents and Assurances All recipients, subrecipients, successors, transferees, and assignees must ackrowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. 1. Recipients must cooperate with any compliance reviews or compliance investigatiors condrcted by DHS.2. Recipients must give DHS access to, and the right to examine and copy, records, accounts, and other documents and sources of infonnation related to the federal financial assistance award and permit access to facilities, personnel, and other individuals ard information as may be necessary, as required by DHS regulations and other applicable laws or program guidance. 3. Recipients must submit timely, complete, and accurate reports to the appropriate DHS ofiicials and maintain appropriate backup documentation to support the reports. 4. Recipients must comply with all other special reporting, data colleotion, and evaluation requirements, as pescribed by law or detailed in program guidance. 5. Recipients of federal finarrcial assistance from DHS must complete the DHS Civil Rights Evalntivt Tbot within thirly (30) days of receipt of the Notice of Award or, for State Administrative Agencies, thirly F6) days from receipt ot tne OHS iivif Rights Evaluation Tool from DHS or its awarding component agenoy. After the initial subrnission for the first award under which this term applies, recipients are required to provide this information once every two (2) years if they have an active award, not every time an award is made. Recipients.should submit the completed tool, including supporting materials, to CVilRightsEwluation@l'q.dhs.gov. This tool clarifies the civil riglrts obligations and related reporting requirements DHS-FEMA.HSGP-SHSP-FY2 1 Page 29 ot 42 Kittitas County, E22-131 contained in the DHS Standard Terms and Conditions. Subrecipients are not required to complete and submit this tool to DHS. The evaluation tool can be found at https:/Arvww.dhs.gov/publication/dhs-civil-rights-evaluation-tool. The DHS Office for Civil Rights and Civil Liberties will consider, in its discretion, granting an extension if the recipient identifies steps and a timeline for mmpleting the tool. Recipients should request extensions by emailing the request to CivilRightsEvaluation@hq.dhs.gov prior to expiration of the 3Gday deadline. Article XXIV - Best Practiccs for Collection and Use of Parsonally ldentifiable lnformation Recipients who collect personally identifiable information (Pll) are required to have a publicly available privacy policy that describes standards on the usage and maintenance of the Pll they collect. DHS defines Pll as any information ilnt permits the identity of an individual to be directly or indirectly inferred, irrcluding any information that is linked or linkable to that individual. Recipients may also find the DHS Privacy lmpact Assessments: Privacy Guidance at http://www.dhs.govfilibrary/assets/ privacy/privacy3ia-guidancejune2Ol 0. pdf and Privacy Template at https://www.dhs.gov/sites/defaulUfiles/publicationv privacy_pia_tem plate 201 7. pdf a s usef ul resou rces respectively. Article XXV. Civil Rights Act of {968 Recipients must comply with Title Vlll of the CivilRighb Act d 1968, Pub. L. 90-284, as arnended through pub. L. 113-4, which prohibits recipients from disoriminating in the sale, rental, financing, and advertising of dr,rrellings, or in the provision of services in connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex (see 42 U.S.C. section 3601 ef seg.), as implemented { the U.S. Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units-i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buiHings without elevators)-be designed and constructed with certain accessible features. (See 24 C.F.R. Part 100, Subpart D.) ArUcle XXVI . Debarment and Suspenslon Recipients are subject to the non-procurement debarment and suspension regulations implementing Executive Orders (E.O.) 12549 and 12689, which are at 2 C.F.R. Part 180 as adopted by DHS at 2 C.F.R. Part 3S0. These regulations restrict federal financial assistance awards, subawards, and contracts with certain parties that are debarred, suspended, or othenvise excluded from or ineligible for participation in federal assistance programs or activities. Article XXVII - Actlvlties Conducted Abroad Recipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licerses, permits, or approvals are obtained. Article XXVlll - Energy Policy and Gonservation Act Recipients must comply with the requirements of the Enegy Policy aN Conservation Act, Pub. L. 94 163 (197b) (codified as amended at 42 U.S.C. section 6201 ef seg.), which contain policies relating to erergy efficiencythat are defined in the state energy conservation plan issued in compliance with this Act. Article XXIX - Procurernent of Recovered lVlatedals States, political subdivisions of states, and their contractors must comply with Section 6002 of the Solid Waste Disposal Ac! Pub. L. 89-272 (1965), (codifled as amended by the Resource Conseruation aN Raorcry Act,42 U.S.C. section 6962.) The requirements of Section 6002 irplude procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R, Paft247 that contain the highest percentage of recovered materials practicable, mnsistent with maintaining a satisfactory level of competition. Artlcle XXX - Homeland Securlty Grant Program Performance Goal ln addition to tle Biannual Shategy lmplementation Report (BSIR) submission requirements outlined in the Preparedress Ggnts Manual, recipients mtst demonstrate how the grant-funded project addressed the core capability gap associated with this project ard identified in the Threat and Hazard ldentification and Risk Analysis OHTRA) or Stakel'pider Preparedness Review (SPR) or sustains existing capabilities as applicable. Tle capability gap reduction must be addressed in the projed Desoription of the BSIR for each project. Article XXXI -Terrorlst Financlng DHS.FEMA-HSGP-SHSP-FY2 1 Page 30 of42 Kittitas County , E22-131 Recipients must comply with E.O. 132.4 and U.S. laws that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible to ensure compliance with the Order and laws. Article XXXII - Prior Approval for ltfrodification of Approved Budget Before making arry change to the FEMA approved budget for this award, you must request prior written approval from FEMA 1v!ep required by 2 C.F.R. section 200.308. FEMA is also utilizing its discretion to impose an additional reshiction under 2 C.F.R. section 200.308(f) regardirg the transfer of funds among direct coet categorieg prograrrs, functions, or activities. Therefore, for awards with an approved budget where the federal share is greater than the simplified aoquisitlon threshold (ourrently $250,0m), you may not transfer funds among direct cos't categories, programs, functions, or aotivities without prior wriften appoval from FEMA where the cumulative amount of such transfers exceeds or is expected to exceed ten perceirt (10%) of the total budget FEMA last approved. You must report any deviations from your FEMA appnoved budget in the first Federal Financial Report (SF-425) you submit following ary budget deviation, regardless of whether the budgei deviation requires prior written approval. Artlcle XXXlll - Hotel and lllbtel Fire Safety Act of 19$t ln accordarpe with Sedion 6 of the Hotd and Motel Fire Safdy kt of 1990,15 U.S.C. section 2225a, recipients must ensure that all conference, meeting, convention, or training spaoe funded in whole or in part with federal funds complies with the fireprevention and confol guidelines of the Federal Fire Prevention aN Contrd Act of 1974, (codified as amended at 1S U.S.C. section 2225.) Article XXXIV - Duplication of Benefits Any cost allooable to a particular federal financial assistance award provided for in 2 C.F.R. Part Z)0, Subpart E may not be charged to other federal financial assistanoe awards to overcome fund deficierpies; to avoid restrictioni imposed qr federal statutes, regulations, or federal finarrcial assistance award terms and conditions; or for other reasons. Howevei, these prohibitions would not preclllde recipients from shifting costs that are allowable urder two or more awards in accordance with existirg federal statutes, regulations, or the federal financial assistance award terms and conditions. Article XXXV - FlyAmerica Ac{ of 1974 Recipients must comply with Preference for U.S. Flag Air Carriers (air carriers holding certificates under 49 U.S.C. section 41102) for intemational air transportation of people and property to the extent that such service is available, in accordance with the lnternational Air Transportation Fair Cantpetitive Ptaotices Act of 1974,49 U.S.C. section 401i8, and the interpretative guidelines issued b7 the Comptroller General of the United States in the March 31, 1 981 , anendment to Comptroller General Decision B-1 38942. Article XXnfl - Reporting of ilhters Relded to Recipient lntegrlty and Performance lf the total value of any c!I9nt!y active grants, cooperative agreements, and procurement contracts from all federal awarding agerrcies exceeds $10,000,000 for any period of time during the period of performance of this federal award, then the recipients must oomply with the requirements set forth in ihe government-wide Award Term and Condition for Recipient lntegrity and Performance Matters located at 2 C.F.R. Part 200, Appendix Xll, the full text of which is inoorporated here by reference in the award terms ard conditions. Artlcle XXXt/ll - Lobbying Prohiblttons Recipients must comply with 31 U.S.C. section 1352, which provides that none of the funds provided under a federal financial assistanoe award rnay be experded by the recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with arry federal action related to a federal award or contrac[ including inyextension, continuation, renewal, amendment, or modifl cation. Article XXXVlll - False Glaims Actand Program Fraud Civil Remedies Recipients musl comply with the requirernents of the False Ctaims Act,31U.S.C. sections 3729- 3733, which prohibit the submission of false or fraudulent claims for payment to the federal government (See 31 U.S.C. sectiors 39fi:3912, wh6h details the administrative remedies for false clains and statements made.) Arffsle XXXIX. Federal Debt Status DHS-FEMA-HSGP-SHSP.FY2 1 Page 31 ot 42 Kittitras County, E22-1 31 All recipients are required to be non-delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. (See oMB Circular A-129.) Article XL - Nondiscrlminatlon in l|lhters Pertalning to Faith-Based Organizations It is DHS policy to ensure the equal treatment of faith-based organizations in social service programs administered or supported by DHS or its component agencies, enabling those organizations to participate in providing important social services to beneficiaries. Recipents mrlst comply with the equal treatment policies and requirementJcontained in 6 C. F.R. Part 19 and otlpr applicable statues, regulations, and guidance governing the participations of faith-based organizations in individual DHS programs. Article XLI - Dlsposition of Equipment Acquired Under the Federal Aryard When original or replacement equipment acquired under this award by the recipient or its subrecipients is no longer needed for the original project or program or for other activities cunently or previously supported by a federal awardirg alency, you must request instructions from FEMA to make proper disposition of the equipment pursuant to 2 C.F.R. section ZbO.gi S. Article XLll - Education Amendncnts of {972 (Equal Opportunity in Erlucation Act). Tifle lX Recipients must comply with the requirements of Tifle lX of the Edrcation Amstdments of 1972, pub. L. g2-g1g (1972) (mdified as amended at 20 U.S.C. section 1681 et seq,), which provide that no percon in the United States will, on thebasis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any eduoational program or activity receiving federalfinancial assistance. DHS implementing regulations are codified at C.F.R. paft,ll and 44 C.F.R. Part 19. Artlcle Xllll - Copyright Recipients must affix the applioable copyright notices of 17 U.S.C. seotions 4O1 or 402 and an ackrnwledgement of U.S. Government sponsorship (irnluding the award number) to any work first produced under federal financial assistance awards. Article XLIV - Reporting Subawards and Executive Gompensafion Recipients are reguired to comply with the requirements set forth in the government-wide award term on Reporting Subawards and Executive Compensation located at 2 C.F.R. Part 170, Appendix A, the full text of which is incorporated'here Uy reference in the award terms and conditions. Artlcle XLV - Use of DHS Seal, Logo and Flags Recipients must obhin permission from their DHs FAO prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seil, logo, crests oi reproductions oi flags or likenesses ol Goast Guard officials. Article XLVI -VUhlstleblowar Protection Act Rggtnie$s musl comply with the statutory requirements for whistleblower protections (if apflicaue) at 10 U.S.C section 2409. 41 u.s.c, section 4712, and 10 u.s.c. section 2324, 41U.s.c. sections 4304 and 4)10. Article XLVII -Assulances, Administrative Requirements, Gost Principtes, Repreentations and Certificagons DHS finanoial assistance recipients must complete either the Office of Managemerrt and Budget (OMB) StandardForm 4248 Assurances - Non-Construction Programs, or OMB Stardard Form 424D Assurarrces - Construction programs, as applicable. Certain assurances in these dooumenb may not be applicable to your program, and the DHS finanoial aisistance o*ibe IOHSFAO) may require applicants to certify additional assurances. Applicants are required to lill or.rt the assurarrces applicable to their program as instructed by the awarding agertry. Please contact the DHS FAO if you lnve any questions. DHS financial assistance recipients are required to follow the applioable provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards located at Tifle 2, Code of Federal Regulations (C.F.R.) Part 200, and adopted by DHS at 2 C.F.R. part 3002. By accepting this agreement, the recipient and its executives, as defined in 2 C.F.R. section 120.31S, certifi that the recipienfs policies are in accordarpe with OMBs guidance located at 2 C.F.R. Part 200, all applioable fedeial laws, and relevant F:ecutive gu ida nce. DHS.FEMA-HSGP-SHSP.FY2 1 Page 32 ol 42 Kittitas County, E22-131 Articb XLVlll - Patents and lntellectual Property Rights Recipients are subject lothe Bayh-Dole Act,35 U.S.C. section 200 ef seg, unless otheruise provided by law. Recipients are subject to the specific requirenents governing the developrnent, reporting, and disposition of rights to irlentions and patents resulting from federal financial assistiance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C,F.R. section q|.14. Personnel Fringe Benefits Travel Equipment Supplies Contractual Construction lndirect Charps Other BUDGET COST CATEGORIES $565,994.00 $210,405.00 $17,768.00 $0,00 $24,080,00 $13,353,696.00 $0.00 $112,995.00 $0.00 DHS-FEMA-HSGP-SHSP-FY2 1 Page 33 of42 Kittitas County , E22-131 6. RECIPIENT NAME A}]D 7. ISSIIING FEMA OFFICE AI{D 8. PAYMENT OFFICE AND ADDRESS FEI{A Finance Center I 430 Market Street rWinchester, VA226O3 14. PERFORMANCEPERiOD la, AGREEMENTNO. E\dw-2021 -ss40083-s01 ADDRESS Washinglon Military Departncnt Building 20 Camp Murray, WA 98430 - 5t22 S. NANIEOf RECiPIE\n PROJECT OFFICER Gail Gam 11. EFFECTTVEDATE OF THISACNON 0910v2021 NAME ACROIffi\lf 2. AIVIENDMENTNO-*** ADDRESS FEMA-GPD 400 C Street, SW, 3rd floor Washingtoa DC 20472"3 6 45 POC:866-927-5646 3. 4.TYPEOFACTION RECIPIENT 'EWRNP NO. 916001095G ; 5. CONTROLNO. iWX04670N202IT , wx0467tN202lT, ,1VX04674N20217 PHONENO. 2535127472 , IO. NAME OFFEMAPROJECT COORDINATOR Cenhal Scheduling and Information Desk , Phone: 800-368-6498 Email: Askcsid@dls. gov I 3. ASSISTANCE ARRAI{GEMENT Cost Reimbursement | 12. METHOD ioF PAYMENT ]PARS From: o9to1t2021 Budget Period o9to1t2021 To: 08,81t2024 o8n1t2a24 I cr.uraurertvpNow- FEDERAL COMMTMENT I 5. DESCRIPTION OF ACTION a. Qndicate funding data for awards or financial changes) PROGRAI\4'CFDANO. ;RCCOUI,TTNVGDATA (ACCS CODE) )ooo(-)oo(-)ooooo(- 2021-FA.GC0! -P4tG 4101-D 97.067 I ZOZr.Fe-Cgor-p4lG 4l0l-D 97.067 2021 -FA-cCr02-P410- 4l 0l-D t0o0i s6,428,138.00. $6,42&133.00 $62s0,000.00 i1,606,8@.00 t6,250 000.00 i0.00 314rE4938.00 $r{,28t93E.00 Scc Totals 1 Scc 30.00 Wed Sep 22 16:48:36 GMT 2021 narn Thu Sep02 14:12:56 GMT 2021 PRIOR TOTAL AWARD AMOUNT ;AWARDED THIS :ACTION + oRo : CURRENT : TOTAL . AWARDffi Homcland Scsl'ity Grsnt PIogr,al Homcland Scarity Crant Progroln Homcland Seiurity Grrnt Progran 97.067 Totsls ; fotalsi Sse i1,606$0.00 $0.00 $0.00 b.To describe changes other 0ran fuding data or frrancial changes, sttach schedule and checkhere. N/A 16 A. FORNON-DISASTERPR.OGRAMII: RECIPIE}.TT IS REQIJIRED TO SIGNANDPETTNN THREE (3) COPIES oF THIS DOCUMENT TO FEIvIA (See Block 7 for a&ress) Homeland Security GrantProgram recipients are notrequired to sign andretum copies of this document. However, recipients should printandkeep a copy of this document for their records. l6b. FOR DISASTERPROGRAIvIS: RECIPIENT IS NOT REeIIRED TO SIGN This assistance is su{ect to terms end conditions attached to this anrard notice or by incorporated refercnce in program legislation cited above. lDATE17. RECIPIENT SIGNATORY OFFICIAL (Name and Title) Gail Ctam, 18. FEMA SIGNATORY OFFICIAL Qr{ame and Tirld DHS-FEMA.HSGP.SHSP-FY2 1 Page$ of 42 Kittitas County, 822-1 3'l Vhv to. SHENAUZ SUBRINA 1VON6, Assistancc O[Ecer DHS-FEMA.HSGP-SHSP-FY2 1 Page 35 of42 Kittitas County, E22-1 31 Attachment D-1 2 1SHSP I nvestment J ustification Washington is comprised of 39 counties with geography including forests, mountains, islands, rainforests, rivers, lakes, and plains. The U.S' Bureau of Economic Analysis ranked Washington 10 of 50 states for gross domestic product in 2a21;several world-class organizations headquarter their operations within the state. Washington has marine, aviation, rail, and road transportation infrastructure to support its position as a bustling trade center. Approximately half of Washington's 7.5 million population lives in the Seattle metropolitan area located along the Puget Sound. This area is the center of transportation, business, and industry and is the fastest 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 effectively con centrate recovery efforts. Furthermore, Washington is subjectto 10 natural and 7 human-caused hazards. TheTHlRAfocuses on eight of those risks: earthquake, tsunami, flood, biological (pandemic-human), wildland fire, hazmat release-radiological, cyber-attack, and terrorism (explosive devices). The 2021 Washington State Risk Profile scored the state's relative risk as 8.3, ranking it as the 8th highest at- risk state, an increase from the rank of 1lth in 2020. Washington State has consistently had a high relative risk score and must be prepared to prevent, respond to, mitigate, and recover from acts of terrorism. The FY21 projects were selected to build upon or sustain a range of Core Capabilities identified in the 2O2O SpR as well as to support the five National Priority Areas. The investments support the Planning, Organization, Equipment, Training, and Exercise solution areas with a focus in the following Core Capabilities: Planning, Operational Communications, lnterdiction and Disruption, Public lnformation and Warning Cybersecurity, Mass Search and Rescue Operations, Operational Coordination, On-Scene Security, Protection, and Law Enforcement, Screening, Search, and Detection, Mass Care Services, Access Control and ldentity Verification, lntelligence and lnformation Sharing, Threats and Hazards ldentification, and physical and protective Measures. Regional Risks - Reasons forthe Work Te rrorist td rg ets i ncl ude : Energy Producing Dams Large Crowds During Events Access Control to Critical lnfrastructure lnterstate Transportation Corridors Agro-Terrorism DHS.FEMA-HSGP.SHSP-FY2 1 Page 36 ot 42 Kittitas County, E22-1 3 1 Attachment D-2 21SHSP Sustainment Work Plan Kittitas County Sheriffs Office lnvestment #1: WA SHSP Sustainment AMOUNT s32,97L The State is divided into 9 Regions which differ in geography (marine to desert), major industry (large business to agricultural), and population (dense urban settings to rural). Each region develops projects to address their specific risks and hazards which sustain previously built capabilities or close identified gaps. Most initiatives can be tied back to building regional capability to respond and recover and be in a state of readiness should a natural or human-caused catastrophic incident occur. Gaps identified in: -Planning: ESF plans are out of date, LEP plans are incomplete, more robust COOp -Operational Comms: Aging equipment and infrastructure, changes in technology and the inability to keep pace, mountainous terrain; amateur radio capability; differing responder radio technologies -lnterdiction & Disruptlon: Lack of equipment -Public Information & Warning: More people sign up for emergency notifications, translations for emergency messaging, lack of personnel, in person training, and engagement with marginalized populations -cybersecurity: Resilience strengthened, training, and formal capabilities assessments -Mass SAR Operationsl Train responders to the Structural Collapse Tech Level, lack of equipment and PPE, maintain equipment and training -Operational Coord: Training on new plans, partner and build relationships, not all jurisdictions have necessary equipment, map and coordinate plans, document procedures and update plans, increase frequency of contacts, inadequate supply of radios for rural community response -On'Scene security, Protection, & tE: Aging and/or expiring equipment and PPE and/or insufficient for surge capacity use, specialized tactical team equipment 'Screening, Search, & Detection: Better equipment to improve response quality and times, very little or no formal capabilities -Mass Care Servlces: Lack of sheltering supplies, plans minimal -Access ControflD Verificatlon: Swipe card entry doors, standard credentials for EOC personnel, plans or procedures for credentialing on a large-scale 'Supply Chain lntegrity & Security: More local suppliers for critical needed materials, PPE supply, exercise standing up CpODs -lntelligence & lnformation Sharing: Limited resources and lack of staff, challenge to build and sustain this core capability -Threats & Hazards ldentification: Lack of resources to conduct an assessment PROJECI #1 SHSP Region 7 Homelond Security Project (tnvestment 7, Project 7) Region 7 will address priorities based on regionally identified gaps. The region is challenged by persistent capability gaps which include: Public lnformation and Warning due to lack of ability to communicate with communities before, during, and after an incident and lntelligence and lnformation Sharing due to a lack of equipment for interoperability. The region will also focus on sustaining and enhancing capabilities, which include: Public lnformation and Warning by maintaining the ability to communicate with citizens and providing education, Operational Communications through equipment to coordinate with first responders and partners as well as training and equipment for EOC operations, lnterdiction and Disruption through training and equipping specialty teams, and lntelligence and lnformation Sharing through training and equipment for EOC operations, and Screening, Search, and Detection through screening, surveillance, and detection during large public events. To address capability gaps and sustain current capabilities the region will be investing in organization, equipmenl and training. Activities will include: - Public lnformation and Warning: Maintain the alert and warning systems to communicate critical, timely, and effectjve information to the public and reduce the negative impacts of an incident. - Operational Communications: Maintain a well-equipped EOC environment for an effective response to protect the citizens during an emergency incident, - lnterdiction and Disruption: Continue to provide updated training and equipment for special teams to effectively mitigate loss of life to team member and citizens during an act of terrorism. - lntelligence and lnformation Sharing: Provide training to enhance staffs current capabilities during an activation. - Screening, Search, and Detection: Sustain and enhance current capabilities through training and/or equipment purchases and screen for potential bad actors or terrorists entering critical infrastructure to aid in mitigating a potential act of terrorism. The funding priorities will support the region in their effort to focus on addressing identified capability gaps related to DHS-FEMA-HSGP-SHSP-FY21 page 37 ot 42 Kittitas County,E22_191 emergent terrorist-related risks which will enhance capabilities to bolster terrorism awareness and recognition by detecting, identifying, interdicting, and recovering from a terrorist attack. SUBPROJECT #1 Storage Unit Rental P RI MARY CO RE CAPABI LITI E S Mass Search & Rescue Operations On-scene Security, Protection, & Law Enforcement Core Capability #1 Core Capability f2 (optional) PLANNING PLANNING ORGANIZATION TRAINING 5o.oo TRAINING EXERCISE EXERCISE TOTAT $6,480.00 TOTAT sre,ooo.oo , SOLUTION AREA ORGANIZATION EQUIPMENT 56,480.00 So.ooSo.oo So.oo WHY ISTHEWORK NEEDED? GAP identilied 2020 THIM/SPR: Need to maintain equipment,.. to ensure response readiness. CAPABILITY (lndicate sustoined or enhancedl Sustained- Ensuring the equipment remains protected. ACflVITIES TO BE PERFORMED Pay the rental fees associated with the storage unit. ASSOC I AT ED D E LtV ERABLE S/O Un UTS The weatherproof storage unit will safely house sensitive emergency/disaster response equipment, vehicles, and supplies. DESIREDOWCOMES Equipment will be in working condition and ready for use in a response to any emergency to include a terrorist incident. SUBPROJECT,#2 Util@Vehlcle PRI MARY COR E CAPABI LITIES Operational Commun ications Mass Search & Rescue Operations Core Capability#1 Core Capability #2 (optional) soruTtoN AREA EQUIPMENT S16,ooo.oo5o.oo r s0.00 ij WHY IS THE WORK NEEDED? GAP identified 2020 THIM/SPR Operational Communications Equipment gap: Radio communication gaps across the state in local jurisdictions due to aging equipment and infrastructure, changes in technology and the inability to keep pace, and challenges due to mountainous terrain. CAPABILITY (lndicate sustained or enhanced) Enha nced interoperable communications capabillties. ACNVITIES TO BE PERFORMED - Purchase and outfit a utility vehicle (UW). - Eguip the Ury with a radio repeater. The mobile radio repeater will be placed in the bed of the UW and driven to higher points in the mountainous terrain so the county can have interoperable communications. ASSOCT AT ED D ELr V ERAB LES/O UTp UTS lmmediatety able to deliver mobile radio relay equipment. The UW will also be immediately available for use to rapidly deploy Persons in an emergency, use in search and rescue operations, and use forthe tactical team. DHS-FEMA.HSGP-SHSP.FY2 1 Page 38 of42 Kittitas County, E22-1 31 DESIREDOUTCOMES The UW paired with a mobile radio repeater will allow responders to have constant communications during an emergency response, resulting in better outcomes for the whole community. SUBPROJECI #3 SWATTroining dnd Eguipment PRI MARY CORE CAPAE' LITI ES On-scene Security, Protection, & Law Enforcement lnterdiction & Disruption Core Capability #1 Core Capability #2 (optional) PLANNING so.oo SOLUTION AREA ORGANIZATION EqUIPMENT so.oo s5,4oo.oo TRAINING s4,091.00 EXERCISE TOTAL S10,491.00$o.oo ri WHY ISTHEWORKNEEDED? GAP identified 2020 THIRA/SPR On-Scene Security gaps: Lack of local funding to maintain and replace aging and/or expiring equipment and Personal Protective Equipment (PPE) and budgets and staffing limit the ability to conduct and participate in training. CAPABIUTY (lndicote sustoined or enhanced) Sustain the regional SWAT by providing training and travel for team members. Enhance ballistic protection with heavy vests for members of the regional SWAT. ACNVMESTO BE PERFORMED - Send SWAT members to tactical training. - Purchase ballistic protection for new members of the team. ASSO CI ATE D D EL'VE MB LES/O UTP UTS Training in new tactics and techniques for SWAT team members and better ballistic protection for the regional SWAT members will provide skills and protection for a safer response. DESIREDOUTCOMES The training and ballistic protectaon will greatly enhance the team's interdiction capabilities, resulting in better outcomes during responses. DHS-FEMA.HSGP-SHSP-FY2 1 Page 39 of42 Kittitas County, E22-1 31 Attachment D3 The Subrecipient has not been allocated National Prioity Area funding under this Agreemenf, so there is no assocrafed Work Plan. DHS.FEMA.HSGP-SHSP-FY2 1 Page 4O ol 42 Kittitas County, e22-1 3'l 21SHSP Budget Kittitos County Sheriffs Office AGREEMENTAMOUNT $32,97r. LETPA . Attachment E AMOUNT $rg,qgr.oo i 56% of the agreement totol s0,00 i O% of the ogreement t:oto! So'oo 0% of the ogreement total AMOUNT s5,480.00 $re,ooo.oo S1o,49r.oo $o.oo 532,971.00 $o.oo Su sto in ment Su h p rol ect(s) SUBPROJECT #1 SUBPROJECT #2 SUBPROJECTf3 Storage Unlt Rental Utility Vehlcle SWAT Trainlng and Equipment M&A PERSONNEL M&A, SUBTOTAL INDIRECT'iaitt DHS-FEMA-HSGP.SHSP.FY2 1 Page 41 ol 42 Kittitas County, E22-1 31 Aftachment F DATE September L,2O2l lanuary2O22 NLT February 28,2022 April3O,2O22 luly 3L,2022 October 3L! 2022 January 37,2023 April30,2023 July3L,2023 October 3L,2023 December 75,2023 2lSHSP TIMETINE Kittitas County Sheriffs Office TASK Grant Agreement Start Date Estimated date work scheduled for one or more subprojects/projects Complete Nationwide Cybersecurity Review (NCSR) - /VCSfi system closes Februory 28, 2022 Submit Reimbursement Request and Progress Report Submit Reimbursement Request and Progress Report Submit Reimbursement Request and Progress Report Submit Re-!mbursement Reguest and Progress Report Submit Reimbursement Request an{ Progres_s Report Submit Reimbursement Request and Progress Report Grant Agreement End Date Submit Final Reimbursement Request and Closeout Report HSGP Performsnce Period: September 7, 2027to August 37, 2024 DHS-FEMA-HSGP-SHSP-FY2 1 Page 42ot 42 Kittitas County, E22-1 3'l SIGNATURE AUTHORIZATION FORM WASHINGTON STATE MILITARY DEPARTMENT Camp Murray, Washington 98430-5122 Please read instructions on reverse side before completing this'form. NAME OF ORGANIZATION Kittitas County DATE SUBMITTED PROJECT DESCRIPTION 21 SHSP Homeland Security Grant CONTRACT NUMBER E22-131 1. AUTHORIZINGAUTHORITY SIGNATURE PRINT OR TYPE NAME TITLE/TERM OF OFFICE 9r/q 4rrgJ/, Clay Myers Sheriff/2022 2. AUTHORIZED TO SIGN CONTRACTSiCONTRACT AMENDMENTS SIGNATURE PRINT OR TYPE NAME TITLE fA- ala.-.-,ru, Glay Myers Sheriff L */Jroy f le''>bu,$*| fr,nn',,,, lflqe {/{/ 3. AUTHORIZED TO SIGN REQUESTS FOR REIMBURSEMENT SIGNATURE PRINT OR TYPE NAME TITLE 61.Darren Higashiyama Chief Deputy g I -//4(H--Sharrie McPherson FiscalAnalyst IINAC-1WOL1\HOME\KARENB\....\WP\SIGNAUTH Revlsed 3i03 MME County of Kittitas Doing business as (DBA) Klttitas County ADDRESS 205 W. Sth Ave Sle. 105 Ellensburg, WA 98926 Appllcablo Procurgmont or Sollcltadon #, ll any: WA Uniform Bwiness ldentifer (UBl) 192002673 I feOeratEmployerTax I ldentifrcation #: lor-ooors+e ls submlfled Washington Military Deparlment Contract Number. E22-131 Debarment, Suspension, lneligibility or Voluntary Exclusion Certification Fofm lnstrucllons For Certification Regarding Debarment, Suspenslon, lneligibility and Voluntary Excluslon--Lower Tier Covered Transaetions 1. By. signing and submifting this proposal, the prospective lower tier participant is providing the cerlification set out below.2. The certification in this clause is a material representation of fact upon which reliance was placed when this lransaction was entered into. lf it is later determined that the prospeclive lower tier participant knowingly rendered an eroneous certification, in addition to other remedies available to the Federal Government the departmbnt or agency with which lhis transaction originated may pursue available remedies, including suspension and/or debarment.3. The prospective lower tier participant shall provide immediate written notice iir tha department, institution or office lo which this proposal is subml[ed if at any time the prospective lower tier participant leams that its certification was eroneous when submifted or had become enoneous by reason of changed circumstances.4. The terms covered transaction, debaned, suspended, ineligible, loweilier covered transaction, participant, petson, primary covered transaction, p_rincipal, proposal, and voluntirily excluded, as used in this clause, havethe meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12S4g. you may contact thiperson to which lhis 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 lransaclion be entered into, it shall not knowingly enter into any loner tier covered transaclion wiih d person wlro isproposed for debarment under the applicable CFR, debaned, suspended, declared ineligible, or voluniarily excluded frorn participation in this covered transaction, unless authorized by the department-or agency witn wfricn ftis transaction odginated.6. The prospective lower tier participant further agrees by submitting this proposal that il will include this clause fiUed-Certification Regarding Debarment, Suspension, lneligibility-and Voiuntary Exclusion-Lorver Tier Covered Transaction," wilhout modification, in all loryer tier coveredfransactions and in ali solicitalions for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certilication of a prospective participant in a lower tier covered transaction that it is not proposed for debarm.ent under applicable CFR, debarred, srispended, ineligible, or votuntarily excluded from covered transac-tions, unless it knows that the certiftcation is erroneoui. R participint may decide thi methodand frequency by which il determines lhe eligibility of its principats. Each participaht ma!, Out is hot required to, check the List of Parties Excluded from Federal Procurement and Nonarocurement Programs.8. Nothing contained in the foregoing shall be construed to require establishment of a syslem of records in order to render in good faith the certification required by this clause. The knordedge and inforiration of a participant is not - lequired to exceed that which is normatly possessed by a prudent person in the ordinary course of bu'sinesi activig.9. Except for transaclions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knorlvingly enters into a lower tier covered transac,tion with a person who is propoieO foi debarment under applicable CFR, suspended, debarrcd, ineligible, or voluntarily excluded from participation'in this transaction, in additior"i io other remedies available to the Federal Govemment, the department or agency wi[r which lhis transaction originated maypursue available remedies, including suspension and/or debarment. Gertlflcation Regarding Debarment, Suspension, lneligibility and Voluntary Exclusion-..Lower Tier Covered Transactions The prospectlve lower tler particlpant certffies,by submlssion of thls proposal or contract, that noither lt nor ltsprlncipals ls presenUy debaned, suspended,proposed for debarment, declared inellglble, or voluntarily excludedfrom particlpatlon ln partlclpant ls unable this transaction by any Federal department or agency.Where the prospectlve lower tiertosuch prospec8ve partlcipant shallattach an explanatlon to thls Bidder or Contractor READ CAREFULL Y BEFORE THE CERTIFICATION. Federal regulations rcqulru wlthout modiflcatlon, in order to particlpab contractorr and Hddere to slgn andrbldethetermsofthlscertlflcatlon,ln cerain transacllons d lrecUy or I federal funds. AQrece-Print Name and Title: to any of the statements ln this certlflcatlon, Date:tr/s/zozt -