HomeMy WebLinkAboutE22-217Kittitas County
Review Form
Grants & Contract Agreement
Februa 2,2022
Today's Date
2022Februa1.
Agenda Date
37 Sheriff
Fund/Department
Contract/G ra nt I nformation
Financial lnformation
Bud lnformation
Pass Throu lnformation
Contract /Grant Agency: Washington State Military Dept. and the U.S. Department of Homeland Security
Period Begin Date: 06/0L/2021.Period End Date: 09/30/2022
Total Grant/Contract Amount: $2g,OtS
Grant/Contract Number: FFY2I EMPG E22-2I7 (SH22-003)
Contract/Grant Summary: The purpose of the FFY2L Emergency Management Performance Grant (EMPG)
program is to award funds to states to assist state, local, territorial, and tribal governments in preparing for all
hazards through sustainment and enhancement of those programs as described in the Work Plan.
TotalAmount 528,015 State Funds 50 Federal Funds S28,015 (pass-thru
from WA State Mil Dept.)
Percentage County Funds 0%Matching Funds S0 CFDA# 97.042 (21EMPG)
ln-Kind S0
Explain
ls Equipment being purchased? Yes Who owns equipment? Kittitas County or subrecipients, per grant
New Personnel being hired? NO Contact HR hiring - reporting requirements NA
Future impacts or liability to Kittitas County: Compliance and audit requirements.
Budget Amendment Needed?
New Division Created? NO
Yes I No E Already budgeted
Revenue Code 001 37202133397042
Expense Code 001 37202I5XXXX
Agency to Pass Through NA
Amount to Pass Through So
Sub-Contract Approved Date
Grant/Contract Review Page 1
Prosecutor Review
Has the Prosecutor reviewed this agreement?Yes tr N CAMAS# 53566
Cou De ments lmpacted
Submitted
Auditor Facilities Maintenance
lnformation Services Human Resource
Prosecutor Treasu rer
Signature: Ud*- tut.c.i4 Date: 3"L" *u
Department: Sferiff
ment of Tracki lnformation
Auditor's Office
Human Resource
Prosecutor's Office i L r z1$?T
Who Signed the grant application )
Reviewer Date
Grant/Contract Review Page 2
Washington State Milita ry Department
MA AGREEMENT FACE
1. Subrecipient Narne and Address:
Klttitae, County of
Sherlffs Office, Emergency Management (EM)
307 W Umptanum Road
Ellensburg, WA 98926{720
2. Granl Agreement Amounl:
$28,015
3. Grant Agreement Number:
E22-217
4. Subrecipient Contact, phone/email:
Darren Hlgashlyama, 509-933-8206
_ _darren.hlgashlyama@co.lrlttitae.wa.us
5. GrantAgreement Slart Dab:
June {, 2021
6. Grant Agreement End Date;
September 30, 2022
7. Depa(ment Conlact, phone/email:
Deborah He nderso n, 253412-1 4T O
deborah.hsnderson@mll.wa.oov
8" Data Universal Numbering System (DUNS):
010202547
9. UBI # (state revenue):
192{02.673
and the of Homeland"DE
10. Funding Authorig:
State
11. FederalAward lD # (FAIN):
EMS.202t -EP{t0007-s01
14. Total Federal Amount:
$7.582.922
13.FDA) & Title:
15. Program lndex f &
12. Federal
N:
9t
17. Servioe Dislricts:
(BY LEGISLATTVE D|STR|CD 13
(BY CONGRESSIONAL DISTRICTI: 8
18. Service Area by County(ies):
Klttltas
1 9. Women/Minority-Owned, Stale
Certified:Elrun trrUOtr ves,OMWBE#
20. AgreementD Person alservices fl ctiant Seruices El public/Locatcovt
Glassification:
tr Research/Development tr rue I other
21 . Conlract Type (check all that appty):E Contract I GrantE lntergovarnmental (!CW39.34)
I AgreementE lnterasency
'To allwho apply & qualifi- tr Competitive Bidding
Sote source tl rue Rcw f] t,llA
Filed MOFM? E Adverrised? D yES E ttO
22. Subrecipient Selection Process:23 Subrecipient Type (check aI that appty):lJ Private Oroanization/lndivilual
E puUtic Organization/Jurisdiction
El coHrnRcron I sugnecrneNr
D For-Profitfl Non-Profitfl orHEn
The purpose of the Fiscal-Year {FY)_2021 Emergency Management Performance Grant (2lEMPG) prognm ls to provide U.S.Departnent of Homeland Securlty (DHs)rFoderal Emergency luanagement Agency (fEfiA) Federat aiad funds'to siatos toasslst stale, local, ienltorial,- and trlbal gorernments ln prgparlng fbr a[ hazirdaihrougtr'sustainment and enhancement ofthoss programs ag descrlbed In lhe Work plan.
Dopartment ls the Reciplent and Pass-through
which ls lncorporated ln and attached hercto
Entity of the 21
as Attachment
The EMPG DHS Awa Letterrd Grantfor EMS.202rNo..EP{t0007-
s01 a c hasand amads ofeubaward Federal award tofunds theSubracltothleThersement,plent pulsuant Subrec accountabteleAg theto forlpiantDepartment ofuge NWaFedenl fundgrd
the funds.l /FtE REOF the andDepartment Subrecipient and the ofterms lhisacknowledgeaccept all referencedAgreement,including
whichAtlachments re andtn amadehereby haveandincorporatedhereof,part thisexeculed as of the belowdate ThisAgreementsFaceAgreementheet;&Terms ConditionsSpecial General andTerms Conditions(Attachment A);21 PGEM(Attachment B);LetterAward
-EP-00007EMS-2021 -s01 Work Plan(Aftachment c);Timeline(Ailachment D);(Attachment and allE);(AtlachmentBudget F);other
documEnts andralerencedexpressly herekr allcontain termsthe andincorporated GO nditions the and theagreedbyuponpartlesgovem
and theof lorightsobligations this oN otherpartiesAgreement ororal the munderstandings,regardiothenrise,ofalter thisngsubject
existto toor the
1, Appllcable Federal and Stato Stalutes and RegulaUonr2. DHSTFEIVIA Award and program documents
4. Speclal Terms and Conditlong
5. Gsneral TsrmS and Conditlons, and,
in this Agreernenl, unless otterwbe provided herein,the incohsistency shall be resolved by giving
ons of3.rnd
precedence in the followlng order:
ln the event of an
Washington State Military Department
BOILERPIATE APPROVED AS TO FORM;
Dawn C. Cortez [August 10,20211
Assistant Attomey General
have executed this
NT:
Date
0f-)t-t_
Data
DE
reement on the day and year specified below.VWlEREAS, the
1t27t2022
Date
Anne Hesse, Chief Financial Officer
FOR THE SUBRECIPIENT:
Clay Myers- Sherilf
Kittitas County Sheriffs Office
DHS.FEMA-EMPG-FY21 Page 1 of35 Kittitas County Sherlfl's Office EM, EZ2-211
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. Anysubstitution of key personnel by either party shall bei rirade by writteh notification to tne curieni fdy pirsdiiiret. '
SUBRECIPIENT
ARTICLE II. ADMINISTRATIVE ANDIOR FINANCIAL REQUIREMENTS
The Subrecipient shall cgmply with all applicable state and federal laws, rules, regulations, requirements and
PlgQl?I guidance identified or referenced in this Agreement and the informationlt documenti published by
DHS/FEMA applicable to the 21EMPG Program, including, but not limited to, atl criteria, restric,tions, ani
requirements ol The Department of Hometand Security (DHS) Notice of Funding Opportunity (NOFO) Frscat
Year (FY) 2021 Emeryancy Management Pertormance Grant (EMP9) document,
'the fervtn'prcpaiedness
Grants Manual document (the Manual), the DHS Award LetterforGrant.No. EMS-2021-Ep-00007-50l, and the
!qO"E! rlgulations commonly applicableto DHS/FEMA grants, allof which are incorporated herein by reference.
The DHSAward Lefter is incorporated in this Agreement as Attachment c.
The Subrecipient acknowledges that since this Agreement involves federal award funding, the performance
pelod may begin prior t9 the availability of appropriated federal funds, The Subrecipient aliees that it wiil nothold the Department, the state of Washington, or the United States liable for any dimages, claim for
reimbursement, or any type of payment whatsoever for services performed under ttiis ngre6ment prior to
distribution of appropriated federal funds, or if federal funds are not appropriated or in a particillar 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, $UBAWARDS & CONTRACTS BY SUBRECIPIENTa. The Subrecipient must make a case-by-case determination whether each agreement it
makes for the disbursement of 21EMPG funds received under this Agreement casts the
party receiving the funds in the role of a subrecipient or contractor in-accordance with 2
cFR 200.331.
b. lf the Subrecipient becomes a pass-through entig by making a subaward to a non-federal
entity as its subrecipient:
i. The Subrecipient must comply with allfederal laws and regulations applicable to
pass-through entities of 21EMPG 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 doiuments
published by DHS/FEMA applicable to the 21EMPG Program, including, but not
limited to, all criteria, restrictions, and requirements ol The Department of
OHS-FEMA-EMPG-FY21 Page 2 of 35 Kitfltas County Sheriffs Office EM, E2Z-217
T
Name _Darren Higashiyama Name Deborah Hendercon
Title Chief Deputy Title Program Coordinator
Email darren.h lgas hlyama@co. kittltas.wa. us Email deborah.henderson@_m ll.wa.qov
Phone 509.933-8206 Phone 253-512-7470
Name Clay Myers Name Tirzah
Title Sheriff Title Program Manaqer
Email clay.myers@co. kittitas.wa. us Email ti zah. kincheloe@mi l.wa.qov
Phone 509-962-76{5 Phone 253-612-74ffi
Name Sharrle McPherson Name Courtney Bemus
Title Ghief Financial Manaqer Title Program Assistant
Email sharrie.mcpherson@co.kittitas.wa. us Email courtney. bem us@m il.wa.qov
Phone 509-962-7056 Phone 253-3'6-6438
Homeland Security (DHS) Notice of Funding Opportunity (NOFO) Fiscat year
(FY) 2021 Emergency Management Performance erant (EM4Q d.ocument, the
Manual, the DHS Award Lefter for Grant No. EM8-2021-EP-OOO0Z-S01 in
Attachment C, and the federal regulations commonly appticable to DHS/FEMA
grants.
aii. The Subrecipient shall be responsible to the Department for ensuring that all2lEMPG federal award funds provided to its subrecipients, and associated
matching funds, are used in accordance with applicable federal and state
statutes and regulations, and the terms and conditions of the federal award set
forth in Attachment C of lhis Agreement.
2. BUDGET, REIMBURSEMENT, AND TIMELINEa. \fMthin thetotalGrantAgreementAmount, travel, subcontrads, salaries, benefits, printing,
equipment, and other goods and services or other budget categories will be reimbursed
on an actual cost basis upon completion unless othenvise 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 th.e Subrecipient chooses to lnclude indirect costs within the Budget (Attachment F),
additionaldocumentation is required based on the applicable situatioi. Ai described in 2
CFR 200.414 and Appendix Vil 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 Personnelperthe following:
A. More than $35 million, the approved indirect cost rate agreement
negotiated with ils federal cognizant agency.
B. Less than $35 million, the indirect cost proposaldeveloped in accordance
with Appendix Vll of 2 CFR 200 requirements.
ai. lf the Subrecipient does not receive direct federalfunds (i.e., only receives funds
as a subrecipient), the Subrecipient must either elect to charg-e a de minimus
rate of ten percent (10%) or 10o/o of modified total direct costs or choose to
negotiale a higher rate with the Department. lf the lafter is prefened, the
Subrecipient must contact Department Key Personnelfor approval steps.
d. For travel costs, the Subrecipient shall comply with 2 CFR 200.478 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 http,s;//www.qsa.gov,
and follow the most restrictive. lf travel costs exceed set state or fedeEl liffiiElEi-costs
shall not be reimbursed without written approval by Department Key personnet.
e' Reimbursement requests will include a properly completed State A-1g 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.qg.-v no liter than the due dates itsted within the
Timeline (Attachment E).
Reimbursement request totals should be commensurate to the time spent processing by
the Subrecipient and the Department.
t Rgceipts and/or backup documentation for any approved items that are authorized under
lhis Agreement must be maintained by the Subrecipienl consistent with record retention
requirements of this Agreement and be made available upon request by the Department
and auditors.
g- The Subrecipienl must request prlorwritten approvalfrom Department Key personnelto
waive or eXend a due date in the Timeline (Attachm€nt E). For waivei or extended
DHS-FEMA-EMPG-FY21 page 3 of 35 Kittitas County Sheriffs Office EM, E22_2j7
reimbursements, all allowable costs should be submitted on the next scheduted
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 sufliciently in advance of the due
date to provide adequate time for Department review and consideration and may be
granted or denied within the Department's sole discretion.
h. Allwork 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 afier the Grant Agreement End Date, except as otherwise authorized by-eitnei 1tiwritten amendment of this Agreement or (2) written notification from the Department to th6
Subrecipient to provide additional time for completion of the Subrecipient's project(s).
i. No costs for purchases of equipmenUsupplies will be reimbursed until the related
equipmenUsupplies have been received by the Subrecipient, its contractor, or any non-
federal entity to which the Subrecipient makes a subaward and is invoioed by the vbndor.
i. Failure to submit timely, accurate, and complete reports and reimbursement requests as
reqglrgd by this Agreement (including, but nol limiled to, those reports in the Timeline) will
prohibit the Subrecipient ftom being reimbursed until such reports and reimbursement
requests are submitted and the Department has had reasonable time to conduct its review.
k. Final reimbursement requests will not be approved for payment untilthe Subrecipient is
current with all reporting requirements contained in this Agreement.
l. A written amendment will be required if the Subrecipient expects cumulative transfers to
approved, dhect budget categories, as identified in the Budgel (Attachment F), to exceed
ten percent (10o/o) of the Grant Agreement Amount. Any changes to budget category totals
not in compliance with this paragraph will not be reimbursed without approval from the
Department.
m. Subrecipients shall only use federal award funds under this Agreement to supptement
existing funds and will nol use them to replace (supplant) non-federalfunds that have been
budgeted for the same purpose. The Subrecipient may be required to demonstrate and
document that a reduction in non-Gderal resources occurred for reasons other than the
receipt or expected receipt of federal funds.
3. REPORTINGa. l/Vith each reimbursement request, the Subrecipient shallreport howthe expenditures, for
which reimbursement is sought, relate to the Work Plan (Attachment D) activities in the
format provided by the Department.
b. With the final reimbursement request, the Subrecipient shall submit to the Department Key
Personnel a final report describing all completed activities underthis Agreement.
c. ln conjunctlo1 with thefinal report, the Subrecipient shall submit a separate report detailing
how the EMPG Training requirements were met for all personnel funded by federal ol
matching funds under this Agreement.
d. The _Subrecipient shall comply with the Federal Funding Accountability and Transparency
Act (FFATA) and related OMB Guidance consistentwith Public Law 109282 as amended
by section 6202(a) of Public Law 1 rc.252 (see 31 U.S.C. 6101 note) and complete and
return to the Department an Audit Certification/FFATA Form. This form is required to be
completed onoe per calendar year, per subrecipient, and not per agreement. The
Department's Contracts Office will request the Subrecipient submit an updited form atthe
beginning of each calendar year in which the Subrecipient has an active agreement.
e. The Subrecipient shall participate in the State's annual Stakeholder Preparedness Review
(SPR), Threat and Hazard ldentification and Risk Assessment OHIRA), core capabilities
DHS-FEMA-EMPG-FY21 Page4of 35 KinitasCountySheriffsfficeEM, E2Z-Z']7
assessments, and data calls. Non-participation may result in withholding of funding underfuture grant years.
4. EQUIPMENTAND SUPPLY MANAGEMENTa. The Subrecipient and any non-federalentity to which the Subrecipient makes a subaward
shall comply with 2 CFR 200.317 through 200.327, and all Washington State procurement
statutes, when procuring any equipment or supplies underthis Agreement, 2 CFR 200.313for management of equipment, and 2 CFR 200.314 for mariagement of supplies, toinclude, but not limited to:
i. Upon successful completion of the terms of this Agreement, all equipment and
supplies purchased through this Agreement will be owned by the buUrecipient,or a recognized non-federal entity to which the Subrecipient has mdOe a
subaward, for which a contract, Subrecipient grant agreement, or other means
of legaltransfer of ownership is in place.
ii. All equipment, a.nd supplies as applicable, purchased under this Agreement will
be recorded and maintained in the subrecipient's inventory systemi
iii. lnventory system records shallinclude:
A, Description of the property
B, Manufacturefs serial number, or other identification number
C, Funding source for the property, including the Federal Award ldentification
Number (FAtN)
D. Assistance Listings Number (formerly CFDA Number)
E. Who hotds the tifle
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 disposat and sale price of the
property.
iv' The Subrecipient shall take a physical inventory of the equipment, and supplies
as applicable, and reconclle the results with the property records at least once
every two year9. Any differences between quantities determined by the physical
inspection and those shown in the records shall be investigated'Uy tne
Subrecipient lo determine the cause of the difference. The Subrec'ipient 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 supplbs
including all questions of liability. The Subrecipient shali develop appropriate
maintenance schedules and procedures to ensure the equipment,'and'suiplies
as applicable, are well maintained and kept in good operating condition.
vl' The Subrecipient shalldevelop a controlsystem to ensure adequale safeguards
to prevent loss, damage, and theft of the property. Any loss, damage, or thJft shallbe investigated, and a repod generated and seni to the Defartment'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 tde nigfiesi possible
DHS-FEMA-EMPG-FY21 Page 5 ot 35 Kittitas County sheriffs offte EM, Ez2-211
return. For disposilion, if upon termination or at the Grant Agreement End Date,
when original or replacement supplies or equipment acquiied under a federai
award are no longer needed for the origlnal project or program or for other
activities currently or previously supported by a federal awarding agency, the
Subrecipient must comply with the following procedures:
A. f9r-Qupplies: lf there is a residual inventory of unused supplies exceeding
$5,000 in total aggregate value upon termination or completion of th6
project or program and the supplies are not needed for any other federal
award, the subrecipient must retain the supplies for use on other activilies
or sellthem, but must, in either case, compensate the federal government
for its share. The amount of compensation must be computed in the same
manner as for equipment.
B. For Equipment:
1) ltems with a cunent per-unit fair-market value of 95,000 or less may
be retained, sold, transferred, or othenrise dlsposed of with no furthei
obligation to the federal awarding agency.
2') ltems with a cunent per-unit fair-market value in excess of $5.000
may be retained or sold. The Subrecipient shall compensate the
federal awarding agency in accordance with the requirements of 2
cFR 200.313 (e) (2).
ix. Records for equipment shall be retained by the Subrecipient for a period of six
years from the date of the disposition, replacement, or transfer. lf any litigation,
claim,'or audit is started before the expiration of the six-year period, the r6cords
shall be retained by the Subrecipient until all litigation, claimb, or audit findings
involving the records have been resolved.
b' The Subrecipient shall comply with the Department's Purchase Review process, which is
incorporated hy reference and made part of this Agreement. No reimbursement will be
provided unless the appropriate approval has been received.
c' Allowable categories for the EMPG Program are listed on the Authorized Equipment List(AEL) located on the FEMA website at https://www.fgma.qov/qrantsiouida,nc.g
tools/authorFgd:gquipment-list. lt is important that the Subrecip@
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 lhat may not be categorized as equipment according tolhe federil, state, local, and
tribal definitions of equipment. The Subrecipient is solely responsible for ensuring and
documenling purchased items under this Agreement are authorized as allowed items by
the AEL at time of purchase.
lf the item is not identified on the AEL as allowable under EMPG, the Subrecipient must
contact the Department Key Personnelfor assistance in seeking FEMA apprwal prior to
acquisition.
d. Unless exp_ressly provided otherwise, all equipment must meet all mandatory regulatory
and/or DHS/FEMA adopted standards to be eligible for purchase using fedeialaward -
funds.
e' lf funding is allocated to emergency communications, the Subrecipient must ensure thatall proiects comply with SAFEGOM Guidance on Emergency Communications Grants
ensuring lhe investments are compatible, interoperable, resiiient, 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:
DHS.FEMA,EMPG-FY21 Page 6 of 35 Kittitas County Sheriffs Office EM, E22-217
i' Procure or obtain any equipment, syslem, or service that uses covered
telecommunications equipmenl 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 orservices
as a substantiaf 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 critical technology as part of any system,
This prohibition regarding certain telecommunications and video surueillance seryices or
equipment is mandated by section 889 of the Jofin S. McCain Nationat Detense
Authorization Act for Fiscal Year 2019 (FY 2019 NDAA), puh. L. No. 1t&z\2 (zotil).
Recipients and subrecipients may use DHS/FEMA grant funding to procure replaiement
equipment and services impacted by this prohibition, provided the costs are othemise
consistent with the requirements of the Manual and applicable NoFo.
Per section 889(0(2)-(3) of the FY 2019 NDM, and 2 cFR 200.216, covered
telecommunications eq uipment or seruices means:
i. Telecommunications equipment produced by HuaweiTechnologies Company or
ZTE Corporation, (or any subsidiary or affiliate of sucfr entities);
ii. For the purpose of public safety, security of government facilities, physical
security surueillance of critical infrastructure, and other national ieturity
purposes, video surveillance and telecommunications equipment produced by
Hytera Communications Corporation, Hangzhou Hikvisidn-Digital'Technology
Company, or Dahua Technology Company (or any subsidiary oi affiliate of such
entities);
aai. Telecommunications or video surveillance services provided by such entities or
using such equipment; or
iv' Telecommunications or video surveillance equipment or services produoed or
provided by an entity that the Secretary of Defense, in consultalion 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
otherutrise connected to, the government of a covered foreign country.
g. 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 underthis Agreement.
5. ENVIRONMENTAL AND HISTORICAL PRESERVATIONa. The Subrecipient shall ensure full compliance with the DH$/FEMA Environmental
Planning and Historic Preservation (EHP) program. EHP program information can be
found at httos://wvw.feqta.qov/grants/quidance-tools/envlronmenta'-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 6f
gxigJilg buildings, structures and facilities; or new construction including replacement of
facilities,
. must_ participate in the DHS/FEMA EHP review process p-rior'to initiation.
Modlfication of existing buildings, including minimally invasive improvements such as
attaching monitors to interior walls, and training or exercises occuiring outside in areas
not considered previously disturbed, also require a DHS/FEMA EHP review before projec{
initiation.
c. The EHP leview process involves the submission of a detailed project description that
includes the entire scope of work, including any alternativei that may 6e under
DHS-FEMA-EMPG,FY21 page 7 of 3i Kittitas County Sheriffs Office EM, E2}-ztl
consideration, along with supporting documentation so FEMA may determine whethertheproposed project has the potential to impact environmental resources and/or historic
properties.
d. The Subrecipient agrees that to receive any lederal 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 Subreclpient before
any work is started for which reimbursement witl be later requested. Expenditures for
Projgcts started belgre completion of the EHP review process and receipt 6f approval by
the Subrecipient will not be reimbursed.
6. PROCUREMENTa. The Subrecipient shall comply with all procurement requirements of 2 CFR Part 200.gl7
through 200327 and as specified in the General Terms and Conditions (Attachment B,
4.10).
b' For all sole source contracts expected to exceed $250,000, the Subrecipient must submit
to the Department for pre'procurement review and approvalthe procurement documents,
such as requests for proposals, invitations for bids and independent cost estimates. This
requirement must be passed on to any non-federalentityto which the Subrecipient makesa subaward, at which point the Subrecipient will be responsible for reviewing and
approving sole source justifications of any non-federal entity to which the Subrecipient
makes a subaward.
7. SUBRECIPIENT MONITORINGa. The Department will monitor the activities of the Subrecipient from award to closeout. Thegoal of the Departme-nt's monitoring activities will be to ensure that agencies receiving
federal pass{hrough funds are in compliance with this Agreement, fedeial and state audlt
requiremenls, 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 $ubpart F requirements, the Subrecipient
shall complete and return to the Department an Audit Certification/FFATA form. This formis required to be completed once per calendar year, per Subrecipient, and not per
agreement. The Departrnent's Contracts Office will request the Subrecipient submit an
updated form at the beginning of each calendar year in which the Subrbcipient has an
active agreement.
c. Monitoring activities may include, but are not limited to:
i. Review of financial and performanoe reports
ii. Monitoring and documenting the completion of Agreement deliverables
iii. Documentation of phone calls, meetings (e.g. agendas, sign-in sheets, meeting
minutes), e-mails and conespondence
iv. Review of reimbursement requests and supporting documentation to ensure
allowability and consistency with Agreement work plan, budget, and federal
requirements
v. Observation and documentation of Agreement related activities, such as
exercises, training, events, and equipment demonstrations
vi. On-site visits to review equipment records and inventories, to verifo source
documentation for reimbursement requests and performance reports, and to verify
com pletion of deliverables.
d' The Subrecipient is required to meet or exceed the monitoring activities, as outlined
above, for any non-federal entity to which the Subrecipient makeC a subaward as a pass-
through entity under this Agreement.
e. Compliance will be monitored throughout the performance period to assess risk. Concerns
will be addressed through a Correstive Action Plan.
DH$FEMA-EMPG-FY21 pag€ I ot 35 Kittitas Coung Sheriffs Oftice EM, EZ2_Zlrl
8.LIMITED ENGLISH PROFICIENCY (CIVIL RIGHTS ACT OF 1964 TITLE VI)a. The.Subrecipient musi comply with the Title Vl of the Civil Rights Act of 1964 (Ti1e Vl)
prohibition against discrimination on the basis of national origin, which requires thai
Subrecipients of federal financial assistance take reasonable steps to provide meaningful
access to persons with limited English proficiency (LEP) to their programs and services.
Providing meaningful access for persons with LEP may entail providing language
assistance services, including oral interpretation and written translation. ExeCutivebrGr
19169, lmproving Access to Services for Persons with Limited English Proficiency (August
11,2000), requires federal agencies to issue guidance to recipients, assisiing slrch
organizations and entities in understanding their language access obtigations. DHS
published the required recipient guidance in April 2011, DHS Guidanc-e to Federal
Financial Assistanoe Recipients Regarding Title Vl Prohibition Against National Origin
Discrimination Affecting Limited English Proficient Persons, 76 Fed. Reg. 217SS-21768,
(April 18, 2011'r,. The Guidance provides helpfulinformation such as now a recipient can
determine the extent of its obligation to provide language services, selecting ianguage
services, and elements of an effective plan on language issistance for LEP persons. for
additionalassistance and information regarding language access obligations, please referto the DHS Reciplent Guidance at https;//www.dhs.qov/guidahce-pubiished-hetp-
dgo.gftment-suooorted-oroanizations-provide-meaningful-accqgs-neople-limite,d and
additional resources on httos://www.lep.qov.
NIMS COMPLIANCEa. The National lncident Management System (NIMS) identifies concepts and principles that
answer how to manage emergencies from preparedness to recovery regardlesi of their
cause, size, location, or complexity. NIMS provides a consistent, nationwide approach and
vocabulary for multiple agencies or jurisdictions to work together to build, sustain, and
deliver the core capabilities needed to achieve a secure and resilient nation.
b. Consistent implementation of NIMS provides a solid foundation across jurisdictions and
disciplines to ensure effective and integrated preparedness, planningi and response.
NlMSempo'wers the components of the National Preparedness System, a requirement of
Presidential Policy Directive 8, to guide activities within the public and private sector and
describes the .planning, organizational activities, equipping, training, and exercising
needed to build and sustain the core capabilities in support of the National PrepareOnesi
Goal.
c. ln order to receive FY 2021 federal preparedness funding, to include EMPG, the
Subrecipient will ensure all NIMS objectives have been initiaied and/or are in progresstoward completion. NIMS lmplementation ObJec{ives are locaied- at
httos://wvvw.fen'!aoov/sites/defaulUfilqs/?020-O7/fema nims implementa,tion-obiectives-
2Q180530_edf.
9.
B.EMPG PROGRAITII SPECIFIC REQUIREMENTS
The Department receives EMPG funding from DHS/FEMA, to assist state, local, and tribal governments
to enhance and sustain all-hazards emergency managem€nt capabilities as authorized by Robert T.
Stafford Disaster Relief and Emergency Assistance Act, as amended (42 U.S.C, SS 5121 6t seq.) and
Section 662 of the Post Katrina Emergency Management Act (6 U.S.C. $ 262).
A portion of the 21EMPG is passed lfrrough to localjurisdictions and tribeswith emergency managementprograms to supplement their local/tribal operating budgets to help sustain and enhance emergency
management capabilities pursuant to Washington Administrative Code (WAC) 118-09.
a. The Subrecipient shall use the EMPG funds authorized under this Agreement only to perform
tasks as described in the Work Plan of the Subrecipient's application for funding, as ipproved by
the Department and incorporated into this Agreement.
b. Funding may not be used to replace or supplant existing local or tribal government funding of
emergency management programs,
DHS-FEMA.EMPG-FY21 Page I of 35 Kittitas Coung Sheriffs Offtce EM, E22-217
c. The-Subrecipienl shall provide a fifty percent cash match of non-federal origin. The Federal share
applied toward the EMPG budget shall not exceed fifty percent of the tota-l budget as submitted
and approved in the:aPplication and documented in the Budget (Attachment F). il meet matching
requirements, the Subrecipient's cash matching contributions must be verifiable, reasonable]
allowable, allocable, and necessary under the glant program and must comply wiin att Federairequirements and regulations, including, but not limited to, 2 CFR Part 200. An appropriate
mechanism must be.in place to capture, track, and document matching funds. ln the fiirlt riport,
the subrecipient shall identify how the match was met and documented,
d. Subrecipients shallparticipate in the.state'gannuallntegrated Preparedness planning Workshop
(IPPW). Non-participation may result in withholding of funding under future grant yeais
e. lf funding is allocated to non-DHS fElylA training, the Subrecipient must request prior approval
from the Department Key Personnel before attending the training. The Departmentwillcoorianate
approval with the State Training Point of Contact. lf funding is atlocaied to non-DHS FEMA
training, the Subrecipient must request prior approvalfrom the Depariment Key personnel prior
to aftending training. Tltg Dgpartment will coordinate approval wiin me State Training poiirt otContact. Pursuant to DHS/FEMA Grant Programs Directorate lnformation Bulletin-No. 432,
Review and Approval Requirements for Training Courses Funded Through preparedness Grants,
!J!S';4wWw'fema.qov/sites/defaulufi les€020-
, the training must fall within
the FEMA mission scope and be included in the Subr6bip-enfs ernergency opeiations ptan. This
requirement only applies to training courses and does not include Lttenoance at conferences.
Furthermore, additional federal approvals are required for courses that relate to Countering
Violent Extremism prior to attendance.
f. A-ll personnelfunded in any part through federal award or matching funds under this Agreemenl
shall complete and record proof of completion of:
c.
L NIMS training requirements ouflined in the NIMS Training Program located at
100, lcs-200, ts-700, a lS-800 for most personnel) and
(to include ICS-
il.Either (1) the FEMA Professional Development Series lS-120, lS-230, ls-23b,ls-240, ts-
241,15-242, and I s-244,or (2) the National Emergency Management Basic Academy.
The Subrecipient will report training course completion by individual personnel along with the final
report.
DHS TERMS AND CONDITIONS
As a.SubreciPlent o!_ZJ_EMPG funding, the Subrecipient shall comply with all applicabte DHS terms andconditions of the 2lEMPG Award Letter and its incorporated docuhrbnts for DHS Grant No. EMg2021-
EP-00007-S01, which are incorporated and made a part of this Agreement as Attachment C.
DHS-FEMA-EMPG-FY21 Page 10 of 35 Kittitas County Sheriffs Oftice EM, E22-Z1t
A.1
4.3
4.2
Attachment B
Washington State Mil itary Oepartment
GENERAL TERMS AND CONDITIONS
Department of Homeland Security (OHS|
Federal Emergency Management Agency (FEMA)
Grants
DEFINITIONS
As.used throughout this Agreement, the terms will have the same meaning as defined in 2 CFR 200
Subpart A (which is incorporated herein by reference), except as otherwise set torth below:a. 'Agreement" means this Grant Agreement.b' "Department" means the Washington State Military Department, as a state agency, any division,
section, office, unil or other enti$ of the Department, or any of the officers or other officia'is lawfully
representing that Department, The Department is a recipient of a federal award direcfly trom i
federal awarding agency and is the pass-through entity making a subaward to a Subiecipient
under this Agreement.
c. "lnvestment" means.the grant application submitted by the Subrecipient describing the project(s)
forwhichfederalfunding is sought and provided underihisthisAgreiment. Such gEnt aipricatii;
is hereby incorporated into this Agreement by reference.
d. "Monitoting Activities" means all administrative, financial, or other review activities that are
conducted to ensure compliance with all state and federal laws, rules, regulations, authorities,
and policies.
e. "Stakeholders Preparedness Report (SPR)" The SPR is an annual three-step self-assessment
of a communi$'s capability levels based on the capability targets identified in the TH|RA.f. "Subrecipienf'when capitalized is primarily used throughout this Agreement in reference to the
non-federal entity identified on the Face Sheet of this Agreement that has received a subaward
from the Departmenl. However, the definition of "subrecipient" is the same as in 2 CFR 200.1 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 df
capability they need in order to address lhose risks. The outputs from this process lay the
foundation for determining a community's capability gaps during the SPR process.
ADVANCE PAYMENTS EROHIBITED
The Department shall qale no payments in advance or in anticipation of goods or services to be provided
underlhis Agreement, Subrecipient shall not invoice the Department in advance of delpery and invoicing
of such goods or services.
AMENDIVI EIITS AN D MO Dt Ft CATTONS
The Subrecipient or the Department may request, in writing, an amendment or modification of thisAgreement. However, such amendment or modification shall nol be binding, take effect or be
incorporated herein until made in writing and signed by the authorized representatiies of the Department
and..the Subrecipient. No other understandings or agreements, written'or oral, shall be binding on theparties.
The Agree_ment performance period shall only be extended by (1) written notification of DHS/FEMA
approval of the Award performance period, fgllolved up with a mritu'aity agreed written amendment, or (Z)
written notification from the Department to the Subrecipient to provide iOCitionattime for compleiion'o?
the Subrecipient's project(s).
3A
Th.e Subrecipient must comply with the ADA, which provides comprehensive civil rights protection to
indiMduals with disabilities in the areas of employment, public accommodationsJ staie and localgovernment services, and telecommunication.
A.4
DHS-FEMA.EMPG-FY21 Page 11 of35 Kittitas Coung Sheriffs Office EM, E22-217
A.5 ASSURANCES
The Department and Subrecipient agree that all activity pursuant to this Agreement will be in accordance
with allthe applicable current federal, state and local laws, rules and regulations.
A.6 CERTIFICATION REGARpTNG DEBARMENT. SUqpENS|ON. OR tNELtGtBtLtTy
As federalfunds are a basis for this Agreement, the Subrecipient certifies that the Subrecipient is not
presently deb.arled, suspended, proposed fordebarment, declared ineligible, or voluntarily excluded from
participating in this Agreement by any federal department or agency,
The Subrecipient shall complete, sign, and return a Certification Regarding Dabarment, Suspenslbn,
Ineligibility, and Voluntary Exclusion form located at https://mil.wa.gov/riquiredgrantforqs. Any such form
completed by the Subrecipient forthis Agreement shall be incorporated into this Agreement by reference.
Further, the Subrecipient agrees to comply with all applicable federal regulations concerning the federal
debarment and suspension system, including 2 CFR Part 180. The Subrecipient certilies that it will ensure
that potential contractors or subrecipients or any of their principals are not debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in "covered
transaclions" by any federal department or agency. 'Covered transactions' include procurement
contracts for goods or services awarded under a non-procurement transaction (e.g. grant oi cooperative
agreement) that are expected to equal or exceed $25,000, and subawards to Subrecipients for any
amounl. \l/ith respect to covered transactions, the Subrecipient may compty with this provision by
obtaining a certification statement from the potential conlractor or subrecipient oi by checking the System
for Award Management (https:l/sam.gov/SAlVll) maintained by the federal government. Thebubreiipiant
also agrees not to enter into any arrangements or contracts with any pirty on the Washington StateDepartment of Labor and lndustries' "Debaned Contractor Lisr,'ftttps:llsecprg.tti,WAo . The Subrecipient also agrees not
to enter into any agreements or contracts for the purchase of goods and seMces with any party on the
Department of Enterprise Services' Debaned Vendor List (https/www.des.wa.gov/serviceslconiracti0o:
purchasino/doino-busineqs-state/vendor-debarment).
4.7 QERT|FtCATION REGARD|Nc RESTRTCTTONS ON LOBBytltc
As required by4a CFR Part 18, the Subrecipient hereby certifiE that to the best of its knowledge and
belief: (1) no federally appropriated funds have been paid or will be paid by or on behatf 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 Gongress, 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, continuati-on,
renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement (2)
that if any funds other lhan federal appropriated funds have been paid or will be paid to aiy person ioi
influencing or attempting to influence an officer or employee of any ag€ncy, a Member of Cbngress, an
officer or employee of Congress, or an employee of a Member of Congress in connection witfr tnis
Agreement, grant, loan, or cooperative agreement, the $ubrecipient will complete and submit Standard
Form-LLL, "Drbc/osure Form to Repoft Lobbying," in accordance with its instructions: (3) and that, as
applicable, the Subrecipient will require that the language of this certificalion be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants,
loans, and cooperative agreements) and that all Subrecipients shall certiff and disclose according[. This
certification is a material representation of fact upon which reliance was placed when this transadion 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.
4.8 gOMPUANEE 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 (PLg4-163, 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 52.203-5), Public Records Act (RCW 42.56), Prevailing Wagis on Public foorks (RiW
39.1 2), State Environmental Policy Act (RCW43.21 C), Shoreline Management Act ot 1971 (RCW gb.SA),
DHS-FEMA-EMPG-FY21 Page 12 of 35 Kittilas Gounty Sheritfs Office EM" EZZ-217
State Building Code (RCW 19.27), Energy Related Building Standards (RCW 19,27A), provisions in
Buildings for Aged and Handicapped Persons (RcW 70.92),lnd safety and health reguElions,
ln the event of noncompliance or refusal to comply with any applicable law, regulation, executive order,
OMB Circular or policy by the $ubrecipient, its coniractors oi subrecipients, ihe-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, tocomply with applicable laws, regulations, executive orders, OMB Circulars or policies.
A.9 CONFLICT OF INTEREST
No officer or employee of the Department; no member, officer, or employee of the Subrecipient or itsdesignees or agents; no member of the,governing body of the lurlsOibtion in which the project isundertaken or located; and no other official of the Subrecipieni who exercises any tunctijns orresponsibilities with respect to the project during his or hertenuie, shall have any personil or pecuniary
gain or interest, direct or indirect, in any contract, subcontract, or the proceeds-thereof, for work to beperformed in connection with the project assisted underthis Agreemeni.
The Subrecipient shall incorporate, or cause to incorporate, in all such contracts or subawards, aprovision prohibiting such interest pursuant to this provision.
A.10 CONTRACTTNG & PROpUREMENTa' The Subrecipient shall use a competitive procurement process in the procurement and award ofany contracts with contrac{ors or subcontractors that are entered into under the original
agreement award. The procurement process followed shall be in accordance with 2 CFR part
200.317 General procurement standards through 2OO.327 Contraet 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 appticable:1) Contracts for more than the simplified acquisition threshotd currently sel at $250,000, which
is the inflation adjtlsled amount determined by the Civilian Agency Acquisition Council andthe Defense Acquisition Regulations Council (Councils) as authorized'by 41 U.S.C. 1gpg,
must address administrative, contractual, or legal remedies in instances where contractors
violate or breach conlrac't terms, and provide for such sanctions and penalties as appropriate.2I All contracts in excess of $i0,000 must address termination for cause and for convenience
by the non-federal entity including the manner by which it will be effected and the basis for
settlement.
3) Equal Employment Opportunity. Exoept as othenpise provided under 41 CFR part 60, all
contracts that meet the definition of "federally assisted construction contrac{" in 41 CFR part
60-1.3 must include the equal opportunityclause provided under 41 CFR eO-i.+(O), in
accordance with Executive Order 11246, "Equal Employment Qpportunitf' (30 FR iZ!;tg,
12935,3 CFR Part, 1964-1965 Comp., p,339), as amended by-Executive'Order 11975,
"Am.ending Executive Qrder 11246 Relating to Equal Empt6yment Opportunrfi" and
implementing regulations at 41 CFR part 60, "affbe of rba6rat Contidct Coitittiance
Programs, Equal Employment Oppoftunity, Depaftment of Labor.',4) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). Wren required by Federal program
legislation, all prime construction contracts in excess of $2,00d award-ed by non-felerat
entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.c. 9141-
3144, and _3146-3148) as supplemented by Department of Labor regulations (2g CFR part
5, "Labor Sfandads Prwisions Applicable to Contracts Covering Federatly Financed and
Assisfed Construction'). ln accordance with the statute, contractois must birequiied to pay
wages to laborers and mechanics at a rate not less than the prevailing wages specified in iwage determlnation made by the Secretary of Labor. ln addition,-conlractors must be
req.uked to pay wagqi not less than once a week. The non-federalentity must place a copy
of lhe currelt prevailing wage determination issued by the Department of Libor in each
solicitation. The decision to award a contract or subcontraA mubt 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 cbntracts must also include aprovision for compliance with the Copetand 'Anti-Kickback" Act (40 U.S.C. 3145), as
supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and
DHS-FEMA-EMPG-FY21 Page 13 of 35 Kittitas county sheriffs oftice EM, E2z-217
Subcontrac-tors 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 construc{ion,
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 enttty must report all suspected or reported
violations to lhe federal awarding agency.
5) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). \Mrere applicable,
all contracts awarded by the non-federal entity in excess of $100,000 that involve the
employment of mechanics or laborers must include a provision for compliance with 40 U.S.C,
3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under
40 U.S.C. 3702 of the Act, each contrac'lor must be required to compute the wages of every
mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of
the standard work week is permissible provided that the worker is compensated at a rate of
not less than one and a half times the basic rate of pay for all hours worked in excess of 40
hours in the work week. The requirements of 40 U,S.C. 3704 are applicable to construction
work and provide that no laborer or mechanic must be required to work in surroundings or
under working conditions which are unsanitary, hazardous or dangerous. These
requirements do not apply to the purchases of supplies or materials or articles ordinarily
available on the open market, or contracts for transportation or transmission of intelligence.6) Rights to lnventions Made Under a Contract or Agreement. lf the federal award meets the
definition of "funding agreement" under 37 CFR 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, developmehtd, oi
research work under that "funding agreement," the recipient or Subrecipient must comply
with the requirements of 37 CFR Part 401, .Righls to lnventions Made by Nonprofit
Oryanizations and Small Business Fr'rms Under Govemment Grants, Contracts' and
Cooperative Agrcements," and any implementing regulations issued by the awarding agency,7) Clqal Air Act (42 U.S.C. 74A1-7671q,) and the Federal Water Pollution Control Act (33
U.S.C. 1251-1387), as amended-{ontracts and subgrants of amounts in excess of
$150,000 must contain a provision that requires the non-federal award to agree to comply
with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42
U.S.C. 7401-767lq) and the Federal Water Pollution Control Act as amended (33 U.S.C.
1251-1387). Molations must be reported to the federal awarding agency and the Regional
Office of the Environmental Protection Agency (EPA).
8) Debarment and Suspension (Executive Orders 12549 and 12689)-A contract award (see 2
CFR 180.220) must not be made to parties listed on the government-wide exclusions in the
System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180
that implement Executive Orders 12Ug (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 othenrise excluded by agencies, as well as parties
declared ineligible under statutory or regulatory authority other than Executive Order 12549.9) Byrd Anti-Lobbying Amendment (31 U.S.C, 1352)-Contractors that apply or bid for an award
exceeding $100,000 must file the required certification. Each tier certilies 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 foruvarded from
tier to tier up to lhe non-federal award.
10) Procurement of recovered materials - As required by 2 CFR 200.323, a non-federal entig
that is a state agency or agency of a political subdivision of a state and its contractors must
comply with section 6002 of the Sotid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act. The requirements of Section 6002 include procuring only
items designated in guidelines of the Environmental Protection Agency (EPA) at40 CFR part
DHS-FEMA-EMPG-FY21 Page 14 of 35 Kittitas County Sheriffs office EM, E22-217
247 that contain the highest percentage of recovered materials practicable, consistent with
maintaining a satisfactory level of competition, where the purchase price of the item exceeds
$10,000 or the value of the quantity acquired during the preceding fiscal year exceeded
$10,000; procuring solid waste management services in a manner that maximizes energyand resource recovery; and establishing an affirmative procurement program foi
procurement of recovered materials identified in the EPA guidelines.
11) Notice of federal awarding agency requirements and regulations pertaining to reporting.
12) Federal awarding agency requirements and regulations pertaining to copyrights and rights in
data.
13) Access by the Department, the Subrecipient, the federal awarding agency, the Comptroller
General of the United States, or any of their duly authorized representatives to any books,
documents, papers, and records of the contractor urhich are directly pertinent to thaf specific
contract for the purpose of making audit, examination, excerpts, and transcriplions.
14) Retention of all required records for six (6) years after the Subrecipient has made final
payments and all other pending matters are closed.
15) Mandatory standards and policies relating to energy efficiency which are contained in the
state energy conservation plan issued in compliance with the Energy Policy and
Conservation Act (Pub. L. 94-163, 89 Stat. 871).
16) Pursuant to Executive Order 13858 "$trengthening Buy-American Preferences for
lnfrastructurc 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 assislance awards.
17) Per 2 c.F.R, S 200.216, prohibitions regarding certain telecommunications and video
surveillance services or equipment is mandated by section 889 of the John S. McCain
National Defense Authortzation Act for Fiscal Year 2019 (FY 2019 NDAA), Pub. L. No. 11a.
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 plans and docurnents into
compliance with the requirements of 2 CFR Part 200.317 through 2OO.327. 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 projec{ and io allow both the
Subrecipient and Department to make a determination on eligibility of project costs.
c. All contracting agreements entered into pursuant to this Agreement 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 responiibilities 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,
prsPUr-Fg
Except as otherwise provided in this Agreement, when a bona fide dispute arises between the parties
and it cannot be resolved through discussion and negotiation, either party may request a <iispute
resolution panel to resolve the dispute. A request for a dispute resolution board shall be in writing, sfiate
the disputed issues, state the relative positions of the parti'es, and be sent to all parties. The panEl shall
consistof a representative appointed by the Department, a representative appointed by the Subrecipient
?F a third party mutually agreed upon by both parties. The panel shall, by majority vote, resotv6 the
dispute. Each party shall bear the cost for its panel member and its attomey tees anO costs and share
equally the cost of the third panel member.
4.11
4.12
DHS-FEMA-EMPG-FYz1 Page 15 of 35 Kittitas County Sherlffs Office EM, E22-217
A.13 LEGAL RELATTONS
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 foimed as a resritt of this
Agreement.
To the extent allowed by law, the Subrecipient, its successors or assigns, will protec{, save and hotdharmless the Department, the state of Washington, and the Untedstates bovernment and theirauthorized agents and employees, from all claims, actions, costs, damages or expenses of any naturewhatsoever by reason of the acts or omissions of the Subrecipient, itslubcontrictors, subreiipients,assigns, agents, contractors, consultants, licensees, invitees, employees or any person whomioever
arising out of or in conneclion with any acts or activities authorized Uyinis Agreement.
To the extent allowed by law, the Subrecipient further agrees to defend the Department and the state ofWashington and their authorized agents and employeesln any litigation; including payment of any costs
or attorneys' fees for any claims or action commenced thereon arising out of or in'connection wiih actsor activities authorized by this Agreement.
This obligation shall not include such claims, costs, damages or expenses which may be caused by thesole negligence of the Department; provided, that if the cliims or damages are caused by or result from
the concurrent.negligenoe of (1) the Department, and (2) the Subrecipient, its agents, oremployees, thisindemnity provision shall be valid and enforceable only to the extent of the negtig-ence 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 appty:
41 CFR 206.9 lrlon-liabilitv. The Federal government shall not be liable for any claim based upon the
exercise or performance ol or the failure to exercise or perform a discretionary func{ion or duty on the
Par!9f a federal agency or an employee of the Federat government in carryingbut the provisions of the
Stafford Act.
4j4 qMlTarqN oF AUrHo
The signatories to this Agreement represent that they have the authorig to bind their respective
organizations.to this Agreement. Only the Department's Aulhorized Signature representative and theAuthorized 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, o?
waive. any clause or condition of this Agreement. Any alteration, amendment, modification, or waiver of
any clause or condition of .qg Agreement is not effective or binding unless made in writing anO iigneO
by both parties' Authorized Signature representatives, except as piovided for time extensi6ns in Article4.3.
Further, only.lhe- Authorized Signalure representative or Alternate for the Subrecipient shall havesignature 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 lhis Agreement.
A.15 LOSS-OR REDUCT|ON OF FUNplNc
ln the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any wayafter the effective date of this Agreement and prior to normal completion or end date, lhe Department
may unilaterally-reduce the work plan and budget or unilaterally terminate all or part of the Agreiment asa "Termination for Cause" without providing the Subrecipient an opportunity to cure. Alter'nalvely, theparties may renegotiate the terms ofthis Agreement under "Amend-ments and Modifications" to complywith new funding limitations and conditions, although the Department has no obligation to do so,
4.16 NONASSIGNABILITY
Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned bythe Subrecipient.
4.17 NONDISCRIMINATION
The Subrecipient shall comply with allapplicable federal and state non-discrimination laws, regulations,
and policies. No person shall, on the grounds of age, race, creed, color, sex, sexual orientaiion] refigion,
national origin, marital status, honorably_dischargad veteran or military status, or disability (phyjical,
mental, or sensory) be denied the benefits ol oi otherwise be subjecled to discrimination unC6r anyproject, program, or activity, funded, in whole or in part, under this Agreement.
DHS-FEMA-EMPG-FY21 page 16 of 35 Kittitas County Sheriffs Office EM, E2Z-Z,|T
A.18 NOTICES
The Subrecipient shall comply with all public notices or noticesto individuals required by applicable local,
state and federal laws and regulations and shall maintain a record of this compliance,
A.19 OCCUPATIQNAL SAFETY/HEALTH AC.r.and WASHINGTON INDUSTRIAL SAFETY/HERLIn nCr
(OSHAATVISHA)
The Subrecipient represents and warrants that its workplace does now or will meet all applicable federal
and state safety and health regulations that are in effect during the Subrecipient's performance under this
Agreement. To the extent allowed by law, the Subrecipient further agrees to indemnify and hold harmless
the Department and its employees and agents from all liability, damages and costs of any nature,
including, but not limited to, costs of suits and attorneys' fees assessed against the Department, as a
result of the failure of the Subrecipient to so comply.
4.20 OVVNERSHTP OF PROJECT/CAP|TAL FAptLtTtES
The Department makes no claim to any capitalfacilities or reat 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 liibilifies 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.
4.21 POLIT|CALACT|VI]Y
No portion of the funds provided herein shall be used for any partisan political activity or to further the
election or defeat of any candidate for public office or influence the approval or defeat of any ballot issue.
A.22 PROH|B|T|ON AGATN NUS OR COMM|SS|O|),1.
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, thal 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 cosls.
A.23 PUBLICITY
The Subrecipient agrees to submit to the Department prior to issuance all advertising and publicity
matters relating to this Agreement wherein the Department's name is mentioned, or language used from
which the connection of the Departmenl's name may, in the Department's judgmenl, be inferred or
implied. The Subrecipient agrees not to publish or use such advertising and publicity matters without the
prior written consent of the Department. The Subrecipient may copyright original work it develops in the
course of or under this Agreement; however, pursuant to 2 CFR part 200.315, FEMA reseryes d royalty-
free, nonexclusive, and irrevocable license to reproduce, publish or othenrvise use, and to auttioriie
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.
A,24 RECAPTUREPROVISION
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 rgcapture funds in an amount equlvalent to the extent of noncompliance. Such right
of recapture shall exist for the life of the project following Agreement termination. Repayment by the
$ubrecipient of funds under this recapture provision shall occur within 30 days of demahd. ln the eventthe Department is required to institute legal proceedings to enforce the recapture provision, the
Department shall be entitled to ils costs and expenses thereof, including attorney iees from the
Subrecipient.
A.25 RECORDSa. The Subrecipient agrees to maintain all books, records, documents, receipts, invoices and atl
other electronic or written records necessary to sufficiently and properly reflect the Subrecipient's
contracts, subawards, grant administration, and payments, including all direct and indirect
charges, and expenditures in the performance of this Agreement (the "records").
DHS-FEMA-EMPG-FY21 Page 17 of 35 Kittitas County Shsriffs Office EM, EZZ-217
4,26
4.27
4.28
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 Auditot bHS, FEMA or
their designeeq, b1 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 Lompliance by the
Subrecipient with the terms of this Agreement and to determine the appropiiate t6vet of tunding
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 ri'ormal
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 ind closure of the
grant under this Agreement. Despite the minimum federal retenlion requirement of three (3) years,
the more stringent state requirement of six (6) years must be followed.
W.lib tle Department undertakes to assist the Subrecipient with tne proleOstatement 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 responsibilitir to the Subrecipient, orto
any third party, other than as is expressly set out in this Agreement.
The responsibilityforthedesign, development, construction, implementation, operation and maintenance
of the project, as these.phrases are applicable to this projeci, is solely that of the Subrecipient, as is
responsibility for any claim or suit of any nature by any third party related in any way to the pioject.
Prior to the start of any construction activity, the Subrecipient shall ensure that all applicable federal,
slate, and local permits and clearances are obtained, including, but not limited to, FEMA bompliance with
the National Environmental Policy Act, the National Historic Preservation Act, the Endangeied Species
Act, and all other environmental laws, regulations, and executive orders.
The Subrecipient shalldefend, at its own cost, any and allclaims or suits at law or in equity, which may
be brought against the Subrecipient in connection with the project. The Subrecipient shall not look to th6
Department, or to any state or federal agency, or to any of their emptoyees or agents, for anyperformance, assistance, or any payment or indemni$, inciuding, but noi timiteo to, c6st oi oetens6
and/or attorneys'fees, in connection with any claim or iawsuit brought by any third party related to any
design, development, construction, implementation, operation and/or maintenlnce oi a froiect.
SEVERABILITY
lf any court of rightfutjurisdic{ion holds any provision or condition under this Agreement or its application
to any person or circumstances invalid, this invalidity does not affect other provisions, terms or conditions
of the Agreement, which can be given effect without the invalid provision. To this end, the terms and
conditions of this Agreement are declared severable,
The shall comply with and include the following audit requirements in any subawards.
Non-federal entities, as subrecipients of a federal award, that expend $760,000 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 eintities that jpend
less than $750,000 a yeil in federal awards are exempt from federal audit requirements for that year,
except as noted in 2 CFR Part 200 Subpart F. As defined in 2 CFR Part 200, theierm "non-federat eirtity;
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.
$ubrecipients that are required to have an audit must ensure the audit is performed in accordance with
Generally Accepted G9y9gme1t Auditing Standards (GAGAS) as found in the Govemment Auditing
Standards (the Revised Yellow Book) developed by the United States Comptroller General and the OME
Compliance Supplement .Tle_S_tlblecipienl has the responsibility of notifying its auditor and requesting
an audit in compliance with 2 cFR Part 200 Subpart F, to include the Waihington State Audito/i Otficel
a federal auditor, or a public accountant performing work using GAGAS, aJappropriate. Costs of the
audit may be an allowable grant expenditure as authorized by 2 cFR paft2o0.4zs.'
DHS.FEMA-EMPG-FY21 Page 18 of 35 Kittitas County Sheriffs Office EM, E22-217
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 reiponsinfefor any audit exceptions incurred by its own organization or that of its subcontractors. Responses tJjn'
unresolved management findings and disallowed or questioned costs shall be included
'witn tne auCitreport' The Subrecipient must respond to Department requests for information or corrective actionconcerning audit issues or findings within 30 days of the date of request. The Department reserves theright to recover from the Subrecipient all disallowed costs resulting fiom the audit.
Afrer the single audit has. been completed, and if it includes any audit findings, the Subrecipient must
gend a full copy of the audit and its Conective Action Plan to the bepartment a-t the fo1owing iOOresJ nolater than nine (9) months afterthe end of the subrecipient's fiscal yea(s):
Contracts Office
Washington Military Department
Finance Division, Building #l TA-20
Camp Murray, WA 98430-5092
The-Department retains the sole discretion to determine whether a valid claim for an exemption from theaudit requirements of this provision has been established.
Conducting a single or program-specific audit in compliance with 2 CFR Part 200 Subpart F is a materialrgqu[gltelt of thisAgreement. ln the absence of a valid claim of exemption from the iudit requirements
of 2 CFR Part 200 Subpart F, the Subrecipient's failure to comply with *id audit requirements may result
in one or more of the following actions in the Department's solediscretion: a percentage of federal awards
being withheld until the audit is completed in accordance with 2 CFR Part 200 Subpai F; the withholOingor.disallowing of overhead costs; the suspension of federal awards until the audit is conducted anlsubmitted; or termination of the federal award.
A.2s SUBRECTPTENT NOT FMPLOYEE
A.30
A.31
The parties intend that an independent contractor relationship will be created by this Agreement. TheSubrecipient, andlor employees or agents performing under this Agreement are n6t emptolees or agents
of the Deparlment in any manner whatsoever. The Subrecipient wiil not be presented as, nor claim io be,an officer or employee of the Deparhnent by reason of thi:s Agreement, nor will the Subrecipient mafeany claim, demand, or application to or for any right or privilege applicable to an officer or elnployeJ ot
!!e Depattment or of the state of Washington by ieason of thG Agieement, including, but not llmi[rJto,
W.orkmen's Compensation coverage, unemployment insurance benefits, socaai'security benefits,
retirement membershipor.credit, or privilege 6r benefit which woutd accrue to a civil service emptoyee
under Chapter 41.06 RCW.
It is understood that if the Subrecipient is another state department, state agency, state universig, state
college, state community college, state board, or state commission, that thdofficers and employees areemployed by the state of Washington in their own right and not by reason of this Agreement.
TAXES. FEES,AND LICENSES
Unless otherwise provided in this.Agreement, the Subrecipient shall be responsible for, pay and maintain
in cunent status all taxes, unemployment contributions, fees, licenses, assessments, peimit charges andexpenses of any other kind for the Subrecipient or its staff required by statute or'regutation lhat are
applicable to Agreement performance.
TERMTNATTON FOR CONVENTENCE
Notwithstanding any provisions of this Agreement, the Subrecipient may terminate this Agreement byproviding written notice of such termination to the Department Key Personnet 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 bestinterests of the state of Washington, may terminate this Agreement in whole or in part ten (10) business
days after emailing notice. Upon notice of termination for convenience, the Department reserves the rightto suspend. ?!l or pa.n.of the Agreement, withhold further payments, or prohibit the Subrecipient fr6mincuning additional obligations of funds. ln the event of terminition, the Su5recipient shall be liable for all
damages as authorized by law. The rights and remedies of the Department piovided for in this sectionshallnol be exclusive and are in addition to any other rights and remedies pr6vided by law.
DHS-FEMA.EMPG.FY21 Page 19 of35 Klttitas County Sheriffs Office EM, EZZ-217
A.32 TFR!,rU{AION OR SUSP
The Department may.u.nilaterally termanate or suspend ait or pirt of this Grant Agreement, or may reduce
its scope of work and budget, if there is a reduction in funds by the sour@ 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.
A.33
ln the event the Department, in its sole , determines the Subrecipient has failed to fulfill in a
timely and proper manner its obligalions under this Agreement, is in an unsound financial condition soas 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 stipulalions of this Agreement,the Department has the right to immediately suspend or
terminate this Agreement in whole or in part.
The Department may. notiff the Subrecipient in writing of the need to take corrective action and provide
a period of time in which to cure. The Department is not required to allow the Subrecipient an oppbrtunity
to cure if it is not feasible as determined solely within the Department's discretion. Any time aifweO tor
cure shall not diminish or eliminate the Subrecipient's liabilityfor damages or othenrisl affect any olher
remedies available to the Department. lf lhe Department allows the Subrecipient an opportunity to cure,the Department shall notiff the Subrecipient in writing of the need to take coneitive acti6n. ff 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 insufficieht, the nlreemeni may be
terminated in whole or in part.
The Department reserves the right to suspend all or parl of the Agreement, withhold further payments,
or prohibit the Subrecipient from incurring additional obligations-of funds during investigation of thealleged compliance breach, pending corrective action by-the Subrecipient, if aj-lowed, ir pending a
decision by the Department to terminate the Agreement in-vyhole or in pdrt.
In the event of termination, the Subrecipient shall be liable for all damages as authorized by law, including,
but not limited !o, any cost difference between the originalAgreement and the replaciment or coverAgreement and all administrative costs directly related to the replacement Agreement, e.g., cost of
administering the competitive solicitation process, mailing, advertiiing and othel associatedliaff time.
The rights and remedies of lhe 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, lhe termination shall-be deemed to be a
"Termination for Convenience",
4.34 TERMlNATION PROCEDURES
ln addition to the procedures set forth below, if the Department terminates this Agreement, the
Subrecipient shall follgw any procedures specified in the termination notice. Upon term'ination oi this
Agreement and !n addilion to any other rights provided in this Agreement, the D'epartment may require
the_Subrecipient to deliver to the Department any property specifically produceb or acquired for theperformance of such part of this Agreement as has been terminated.
lf the termination is for convenience, the Department shall pay to the Subrecipient as an agreed uponprice, if separately stated, for properly authorized and complet-ed work and services rendere-d or gobds
delivered to and accepted by the Department prior to the iffective date of Agreement terminatio-n, 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 accepteO by ihe Department, liiiy other work,
services andlor equipment or supplies which are accepted by thd Depaitment, ind (iv) the'piotection andpreservation 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 determirie the exteni of the liability of theDepailment. 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-EMPG.FY21 Page 20 of 35 Kittitas County Sheriffs Olfice EM, E22-217
4.35
4.36
4.37
The rights and remedies of the Department provided in this Agreement shall not be exclusive and are in
addition to any other righls and remedies provided by law.
After receipt of a notice of termination, and except as otherwise directed by the Department in writing,the Subrecipient shall:
a' Stop work underthe 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'completi6n'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 setile or pay any
or all claims arising out of the termination of such orders and contrac{s;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 tle Department any properly which, if the Agreement had been completed, would have been
required to be furnished to the Department;f' Complete performance of such part of the work as shall not have been terminated by the
Department in compliance with all contractual requirements; andg' Take such action as may be necessary, or as the Department may require, forthe protection andpreservation of the property related to this Agreement whiclr is in the possession of the
Subrecipient and in which the Department has or may acquire an interest.
E)TheSubrecipientisencouragedtoutilizebusinesstirmiffiinority.ownedand/or
women'owned in carrying out the purposes of this Agreement. The Subrecipient may set utilization
Pt?19{d-1!?9"d upon local conditions or may use the state of Washington MWBE goais, as identified
in WAC 326-30-041.
VENUE
This,Agreement shall be construed and enforced in accordance with, and the validity and performance
shall be governed by, the laws of the state of Washington. Venue of any suit betweeri tne 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 thdstate of Washingion.
'
w rvERS
No conditiols or provisions of this Agreement can be waived untess approved in advance by the
Department in writing. The Department's failure to insist upon strict performdnce of any provision 6t tne
Agreement or to exercise any right based upon a breach thereof, or ihe acceptance of bny performance
during such breach, shall not constitute a waiver of any right under this Agreement.
DHS-FEMA.EMPG.FY21 Page 21 of35 Kittltas County Sheriffs Office EM, E2Z-217
Aftachment C
2lEMPG Award Letter
EMS-2021.EP-00007-s0{
U.S. Depadment of Homeland Seourlty
Wbshirgton, D.C.2o4.72
Bret Daugherty
Washingon Mililary Department
Building 20
Camp Murray, WA 98430 - 5122
Re: Gnant No.EMS-2021 -EP.@007
Dear Bret Daughedy:
Corgntulatiors, on behalf ol lh€ Departrnent of Horneland Security, your application for linanclal agslshrrce submitted under
the Fiscal Yea r (F{) fr21 Emergency Managern€r[ Ferformance Grants has been apprwed in the amount o] $T ,8g2,9D..M.As a conclitlon of this award, you are required to oorilribute a cost rnatoh in tre amouni ol $7,682,122.00 of non-Fedeial fundi,
or 50 percent of the total apprwed projeot coss of $13,165,g44.00.
Before you request and receve any of the Fedenl funds awarded to yoq you must edaHish acceptarre of the award. By
accepting thie award, you ackrnwledge that the terrns ot he following docurnento are incorporatett' irto the terns of your
award:
. Agreement Aillcles (attached to this Award Letter). OUigating Oocurnent (atacfecl to thisAward Letter)
' F'( 2V21 Emelgercy Managerrent Perfotmance Grants Nolice of Funding Oppottunity.. FEMA Preparedness Grants Manual
Please mal(e sure you reaq undet€tand, and maintain a copy of these docuntsrts in your ofliclal file for this award.
ln otder to eetablish ac@Sancc of tre award arrd lb lerms, please follon tlrese instructbrp:
Step 1: Please log in to tha ND Granb system at https//portat.fenn.gov.
Step- 2:Alter logglrp ln, you will see the Horne page with a Perrdirg Tasks menu. Cllck on the pending Tasks rrpnu, sEleot the
Application sub-menu, and then cliok the link for "Award Offer Revier,t''tasks. This link will navigate yju to Awarc pdcfages
that are pending rerietv.
Slep 3: Click the Revlew Award Fackage lcon (wrerntr) to rwiew the Award Package and acoeil or decline the award. please
save or print lhe Award Package for your recorG.
System for,Aw.ard Managprnent (SAM):-Grart recipienb ara to keep allof ttreir information up to date in SAM, in partirular,
your organlzation's narne, address, DUNS numbeE EIN and bankirg irformation. PleaEe endure trat the DUttS riumber used
in SAM is the sarne ore used to apply for all FEMA arar<b. Future payntnts will be mntirBent on the inforrnation provided
in the SAM; herefore, lt is lmperaWe that he infonnation is corect.'The System for Awardilanagpment is located at hflp://
www.sam.oov.
lf you have any queetiors o1.!ave updated your information in SAM, please let your Grants Man4smsnt Speclaliet (GMS)
knorv as aoon as possiUe. Thiswlll help ue to rnake the necessary updates and avoid any irtenuptions ln ttre payrnint
proce6s.
PATRICK GERARD MARCHAM
DHS.FEMA.EMPG-FY21 Page2?ot35 Kittitas County Sheriffs Olfice EM, E22-2't7
U.S. Department of Homeland $ecurig
l,Vbohirgto n, O.C. 2o4.7 2
ORIINTEE:
PROGRAM:
AGREEMEI{T NUMBER:
Atticle I
Article ll
Article lll
Article lV
Artiob V
Anbb vl
Artlcle Vll
Article Vlll
Article X
Article X
,Artlcle X
Artiole Xll
&llcleXfl
Article XV
Artiole )0/
Article )(V1
AOREEI,IENTARTIGLES
Emrgency lllanagement Peliormance Grants
Washin$on lUilitary Departmnt
Ernergency Management Perfornnnce
Grants
EM$2021-EP-00m7-S01
TABLE OFCONIEI,ITS
Limited English Roticiency (Givil Rights Ac{ of '1964, Title Vt)
Untueaal ldentilier and System ol Award Managernent
Dlsposition of Equiprnent Acquired Underthe Federal Award
Arnedcars with tlsabilities Act ol 1990
SAFECOM
ftlor Appwal for Modificatlon of Approved Budget
Rehabilitation Act of 1973
National Ervironmenhl Folicy Act
EnvlronrBntal Planning and Hbtorlc Presevation (EHP)
Review
Acknorledgenrent of Federal Furdirg from DHS
USA PATRIOT Act of 2001
Age Discrimination Act of 1975
Civil Rights Actol l984 - Tite Vl
Notice of Fundirg Opoilunlty Requlrernenb
TraffickirB Vrctims Protection Actof 2000 OVPA)
Non-Supplantirg Requlrement
DHS.FEMA.EMPG-FY21 Page 23 of 35 Kittitas County Sheriffs Office EM, E22-217
Aiicle X/ll
Artiole X/lll
Article XIX
Article )O(
&ticle )O(l
Anicb )C(ll
Artbbrc(lll
fiticle )(XIV
Article )O(V
Aticle )o(Vt
tuticle XXVII
Article )O(Vlll
Atlicle )C(X
Atiole )Ofi
tuticle )00(
Adicle )0fi11
Artacls)O(Xlll
Article)OO(V
Adiole )00(V
Article)O(X/l
Article )O(X/ll
&ticle)OO(Vlll
Drqg-Free \ tirilHace Regulations
Federa I Leadership on ReduoirB Text Messagi rB while
Driving
DHS Specific Acknorledgemerrts and Assurances
Elest Practnes for Collectlon and Use of Fenonally
ldentiliable lnfonnation
Civil Rights Act of 1968
DebarnBnl and Suspersion
Activlties Oonducted Abroad
Energy Policy and Corneryation Aot
Plocurernent of Rscovered Materials
Terrorist Flnancing
Hotel and Motel Flre Safety Ad of 1990
Duplioation of Benefits
Fly Arnedca Ad of 1974
Reporting of Matters Related trc Recipient lntegdty and
Ferfornnrpe
Lobbyirg ProhiUUorp
False Clairs Act and Program Frar.rd Civil RernedieE
Fedenal Debl SbtrJs
Nondiscrimination in Mattere Fertainirg to FaittrBased
Orgnnlzatiors
Edtration Arnendnents of 1972 (Eqr.ral Opportunity in
Education Aot) - Title X
Copyrisht
Repoding Subawards and Executve Compensation
Use of DHS Seal, Logo and Flage
DHS.FEMA.EMPG.FY2l Page 24 of 35 Kittitas County Sheriffs Oflice EM, EZ2-217
Artble )00(X WrislleHower Protection Ad
Article )(L Assuranoes, Administrative Requirements, Cost Prirrciples,
Repr€sentation$ and Certilioations
Article XLI Acceptanoe of Pmt Award Changes
Artiole )(Lll Patents and lntellectual Prcperty Rights
Ardcle I - Llmlted Engllsh Proflclency {Ctvtt R.[hts Act d lg8/,,Ttfle Vtf
Reclplents nust comply with Title Vl of the Civil Rights Act d 1%4 (42 U.S.C. section 2m0d et seg.) prohibinon against
discriminalion on the basb of national orlgln, which requires that redpbnh of federal linancial assisidfue tate reasoruue
stePs to prwide meanlrBfulamess to persons with limiled Erglish proliclency (EP) to theh programs and services. For
addilional assistance and infonnation regnrding larBtnge access oHigatiors, ptease relEr to the DHS ReciSrient Guidance;
https:/Arnru.dtc aMguidanc+ published-helpdepartmert. 6upporte+organization+prwid+nreanirpful-acoess-peopl+
llmited and addilional resources on http:/A,vww, lep,gov.
Arilch ll - Unlvercal ldentlller and 9y€tem otArnrd lUbnagenrent
Reclpients are required to oornpty wlth the requlrementrs sel lorth in the governrnent-wlde finanoial asslsarrce award term
regardirg the System for Award Management ard Universal ldentifler Requirements located at 2 C.F.R. Part 25, Appendix A,
the full text ol whloh is irrcorporated here by relerence.
Ardcb lll - Dlsposldon of Equfirmnt Acqulred Under tre Federal Anard
When original or redacernent equlpnnnt acgulred under this award by the reclpient or its urbecipients is no longer needed
for lhe original poJeol or progtam or for other activlties cunently or praniously supporled by a fediral awardirrg agency, you
must requeet lnstrudions from FEMA to make proper disposition ol lhe equlprrnnt pursuant to 2 C.F.R, section 200.31i.
Arilcb lV.Amedcans wlth Dbabltiltes Ac,t of 1990
Reqipients mustcomplywiththe requirements dTitles l, ll, and lll of theAmedpns wtthDis&ilitiesAc{ Rrb. L. No, 101€36
(1990) (codified as amended at 42 U,S.G. sec.tions 12101- 122131, whlch protriHts reciFients from discdmtnaurE on the basie
of disability in the operation of pr.rblic enlities, public and private ransportaton aystene, flaces of public accomirodation, and
certain testing entl0es.
ArtchV-SAFE@ltl
Recipients mcgivirB federal linarchl asslstance awards made under pogranrs that proulde emErgency oornmunioation
equipmeril and its related activhies must comply with lhe SAFECOM Guidance for Enrrgency Communication Gnants,
inoludirB provisions on teahnical standards thal emure and enhanoe interoperable communications.
Adlch Vl . Pdor Approval for i/|odlllcatton ot Approvod Budgot
Before rnakirg arryahangE to the FEMA approrred bu€et lor lhis arrard, you must request prior wrifien approrral from FEMA
where required by 2 C.F.R. Saction S0,308. FEMA is also rnilklrB lts discretion to lmpose an additonat i*tric{ion under
2 c'F.R. Section 200.308(f) regarding tle bansfer of finds amorg direcl cost categorles, prograrns, func{lons, or activities.
Therefore, lor awards wnh an apprwed budget where ihe fedeml share is greater ihan ttn simpifeO aoquisition lhreshold
(ounendy $25(),000), you may mt trarcfer funds armng d'rect cos{ categories, pmgrars! funcilorc, or attivities without prior
w{tten appoval fiom FEMA wherc the cumulative arnouril ol sLrh transfers exceeds or ls expected lo exceed ten perceirt
(10%) ol ttn tota! 9,rOS"t l$lltget apprwed. Yu; mr.st report any dartatons from your FEMA appoved budget ih tne flrst
Federal Flnanclal Report (SF-425) you submll follo'virg arry hrSel da/ation, regnrdlese of whether lhe budg€t devlation
requires prior written apprwal.
Ardch Vll - Rehrbllltrflon Ac{ of 19?tl
Recipients mtrst complyqi^Qllegquirerrents of Sec'tion 504of tre Relabili'tatton /r;tri, lgTg, pub. L. 99-112 (1973),
(codilled as arn€nd€d at 29 U.S.C, seclion 794) which provldes that m otlrenrise quali[ed hanclioapped individ'r.als ;'n
DHS.FEMA-EMPG.FY21 Page 25 of 35 Kittitas County Sheriffs Office EM, E22-217
the Unfted States will, solely by reason of the handicap, be excluded from partbipaUon in, be denled the benelits of, or besu$ected to discfirnination under any pfogram or adivity receVirg federalhnancial assistance.
Artlcb Vlll . N{lonal Envlronnpntal pollcy Act
Recipients mmt comply with the requirernents of the tVatbnal Environmontal Hicy Actot fing NE?A), pub. L_ 91-190
(1970) (ootlified as am€nded at 42 U.$.C. seclion 4321 el seg.) and lhe Cournil on Environrnen6t O.raiify (CEe) Regulations
for lmp.lementing the Prooedural Provisions of NEPA, which require recipients to use all pradicable means wifrin thelr
authority, and corsbtent wilh other essential conslderations of natiorEt ioticy, to creat€ lnO mainlain conditior under urhichpeode and nature can exlst in produc{ive harrnony and fulfill the social, e@nomio, and other needs ol preeent and futuregenerations of Amed cans.
Ardcla lx - Envlronmantal Phnnlng and lllstorlc preeervafion {E}lpf Revbw
DHS/FEMA turded aclivities that rnay reguire an EHP review are subjecl to the FEMA Ervhonmental Planning and Hlstoric
Preserv_alion (EHP) rwia,rr prooess. This revleil, does not address all federal, state, and local requirenrents. Afoeilance of
federal fundirg requires recipient to comply wlth all federal* date, and local laws.
DH-S/FEMA is required to P.ryld.91te potential impacts to natunl arrd cultwal resources of all pojects fundect by DHS/
F_EMA grant funds, through_ l9 F!-lP Review pmcess, as mandated by the NaUonat Environrnental Foticy Act; Nationat
Hidoric PreservaUon Ac-t of 1966, as arnended; National Flood lnsurarre Program regulations; and, any other applicage
laws and E<eantive orders, To access the FEMA EHP $oreening form and in$ruction! go to tire ougf'EUl website at:
https:/tVww.ferna.oov/media-libr:ary/assets/docunpntslg0195. ln orderto irftiate EHP rciiew of your proJed(s), you must
comflete al{ rele\iant sections of this form and zubrnit it tro lhe Grant Programs Directorate (GPD) aloirg wm aii other pertinent
proJect information, The EHP review process must be comseted beforeiunds are reteased'to cirry ori the proposed prcjed;
otherwbe, DHSiIFEMA rnay not be aHe to lmd the project due to noncompllance with EHP lar/s, exeaJtive brOer, regirlaliors,
and polides,
lf gromd disfurhing activitbe occur durirB oorslrucffon, applicaril will monitor ground disturbance, and if any potential
archeobglcal resources are dlscovered, applicanl will immediately cease worli in that area and notiry the pdsb.througn entity,
if applicade, and DHS/FEMA.
Arllch X - Acknowledgernent of Federal Fundlng from DHS
Recipients must acknowledge their use of lederal funding when issuing statemenb, press releases, requesb for proposal, bid
invitations, and other doouments descdbirg projeots or pognns funclec in whole or-in paft wlth ledrerai tunCs.
Adclc Xl - USA PATRIOT Act ol 20Ot
Recipients mmt comply wlth requlrernents of Section 817 of the Unttiry and Stre?fireniry tunertca by ftwtcltng AppopriateTds_Rqdrd to lnterlcqrrt and Qbstrwt Tenaten Ad ol 2OOl (UsA PATRTOT lcty, nru. L. No. 107lgo, wncnlm6nab t a
U.S.C. sectlons 1 75.175c.
Arflcle Xll - Age Dlscrlnilnatlon Act ol 197F
ReciSients mrct cornply wllh the requiremerrts of the Agre Disimirction Act of lg75, pub. L. No. 94.135 (1
arnended at Tltle 42,U"8, Code, section 6101 etseg.), which pohihls discrlminalion onthe basis of age in
activity receiving federal financial assistance,
Atdcle Xlll - Clvll Rlghts Act of 108{ - Ttte Vt
975) (codified as
arry program or
Reclpierrte^mlrst comply wlih the requirements of Tite Vl of the Civl Rrg hts Act of tg64 (codmed as arnended at 42 U.S.G.
section rc00d €t seC.), which provides that m p€reon in the United States will, on the gromds of race, color, or national origin,
be excluded from partlclpation in, be denied lhe benefils of, or be suQected to discrimi-nation under arry program or adivity
lecerying lederal flnancial assistarrce. DHS *mplenrenting regulatiors ior lhE Act are found at 6 C.F.R. p:aet and al C.F.R.Paft7.
Ardcle XlV. Noflce ot Fundlng Opprtunlty Requlrements
All the instrctlons, guldance, limitallons, arrd other condilions set forth in tha Notice of Fundirg Opportunity (NOFO) lor tl$sprognm are incorporaied here by reference ln tlp arard tems and condtions. All recipients musi iompy ivitr any irrcfr
requirernents set forth in the pogram NOFO.
DHS-FEMA.EMPG-FYz1 Page 26 of 35 Kittitas County Sheriffs Offtce EM, EZZ-217
Ar{cle XV . Tralf,cklng Vlcdrns Protecton Ac't of 2000 (TVpA}
Recipents musl cornply ryjth the requiremenls of lhe gwemment-wide ftnancial assistance award term which impl6npnts
Section 106(9) of lhe Trafiicking Victirns Protection Act of 2000 IruPA), codified as amerded at 22 U.S.C. secton 7i04. The
award term is lmated at 2 C.F.R. section 175.15.1he lull texl of which is incorporated here b7 reference.
Ardcb XVI . l{on€upplantlng Requlrermnt
Recpients rgcelvirp fedeml finarrcial assistance awards made under pograns that prohitit supplanting by law musl ensure
that federal funds do nol replace (supplanl) funds that have been hidgeted for the same pupose throughhon-federal
sources.
Artlcle IVll . Drug-Frea Workplaca Regulaflons
EellPie4s qust conply with drugfree worlplace requlrernents in Subpart B (or Subpad C, il the recipient is an individl,€l) of 2
c.F.R. Part3001, whlch adopb th€ Govemment-wlde impletrenhtion (2 c.F.R. Partls2) ot Sec. s152-s158 of the Dntg-FneWukplrc Aot ot 1988 (41U.S.C. sectbns 8101-8106).
Arilcle XVlll - Federal Leadershlp on Reduclng Text ltleesaglng wlrlle Drlvlng
Recipl'ents are encouraged to adopt and enforce policles that ban text messagiqg while dtuing as described in E.O. 13513,
indudirg conducting initiatives described in Seclion 3(a) of the Order when on ofricial govemment busirnss or when
performirp any work for or on belnlf of the federal gwernnrent.
Arflcb XIX - DHS Spaclflc Ac*nowledgenpnts and Assurance
All redprients, subrecipients, suooessors, tansferees, and assigrnes mr.lst ackmwleQe and agree lo comply with apflicabte
prorisiorls gwerning DHS access to records, aocountq documents, informatlon, taoilities, and staff.
1. Recipients must cooperate with any compliarrce revlews or compliance irvestigations conducted by DHS.2. Recipienls mmt give DtlS aocess to, and the right to examine and copy, records, accounts, anO oifrer docurnents andgources of infonnation related to the federal financial aseistarrce award and permil accees to facilities, personnel, and
other individtnls and irfomation ae may be necos$ary, as required by DHS regulations and other appiicable laws or
program guldanoe.
3. Recipients mrct submit tirnely, complete, and accurate reports to the appropiate DHS ofiioials and maintain appropriate
backup documentafion to support the reports,
4. Reci[tents must comply with all other spechl reportlrp, dah collection, and waltnton requirements, as pescribed by
law or dehiled ln program guldance.
5. ReciSients of federal finarpial assistarrce from DHS must complele the DllS Cturl Rlg tils Evahntiqt l.ocJ wlthtn thlfty (30)
days ol reoeipt ol the I'lotlce of Award or, for State Admlnlstratve Agerrcies, thirty (30) days from recels of the ogS divii
Riglfs Evaluatlon Tool from DHS or fts awardirg oomponent agency. After t]re initial subrnlssion for the first anrard under
which.this term applies, reoipienb are required to prwlde lhis inlorrmlion orne every two (2) yearr if they have an ac.tive
anard, not every tinr an arard is made, Recipients should subnlt the completed tool, irrluding suppoftirB mteilals,
to CivilRightsEvqlu{o1@t4.dhs.gov, Thls tool clarifies the ctuil rights obtlptions and related reportirg requhements
contained in the DHS Stardard Terms and CondiUons. Subeciprierts are not requlted to compleie and sudmit thls tool to
DHS. The walution toolcan be found al https:/Avww.dhs"gov/p.rHication/dts.dvil.righte+vaiuaflon-tml.
The DHS Offce for CMI Rights and Civil Liberties will consider. in its discretion, granting an extenston ll the reclplent
ldenllfies steps ard a timeline for competlry the tool- Recipients should request extens'ons by emaiting the reqr.rest to
ClMlRightsEvalution@hq.dhs.gov pior to expiration of the 30.day deadllne,
Arfich XX - Bast Practhcs lor Gollecdon and Use of Personally ldentlflabh lntormatbn
Recipents who collecl personally identifiaHe lnformation (Pll) are requircd to have a pubtioly auallable prlvacy pollry that
describes standards on the usage and maintenance of lhe Pll they collect" DHS defines Plt as arry lnlonrntoir irrat iermlts tlr
identity of an indwidual to be d'eo0y or indiredly inbned, including any intormatlon that is llnked 6r finkable to that individual.
Recipients ruy also lind tlp DHS Prlvacy lmpaot Assessments: Privacy Guidance at trttp/Arwvr.dhs.gwAlibrary/assetd
privacy/pivacyjia guidarrejurre2Ol0.pdf and Privacy Temflate at https://www"dhs.gMsites/defaulutiles/rubiicafions/
privacy;tiaJemplab 201 7.pdf aE usglul r€source€ respecflvely.
Aillch )fi1. Glvll Rlghts Act of 1968
DHS-FEMA-EMPG-FY21 Page 27 of 35 Kittitas County Sheriffs Otfica EM, E22A17
Recipients must comply with Title Vlll ol the Civl Rig hts ht ol t96S, tub. L 9G2s4 as arpnded through pub. L. 1 1 3.4,whbh prohibits recipients from <Iscriminating in the sale, rental, linarcing and advertislng of drvellings, or in the provision of
services in conneclion therewilh, on the basis of race, color, national orlgin, religion, Oisabitity, familial otatuq anil sex (6ee
42 U.S.C. section 3601 et sq-), as implemented by tre U.S. Depailnent of Housing and Urban Development at 24 C.F.R.Part100. The prohibition on dsaEility discrimination irrcludes the requirenent that new multifamily howing with four or npredrelling units'i.e,, the public and common use areasand individual ipartrnent unils (all units ln OiritOngs l1h elevato6 andground'floor unfts ln buildlngs without elevators)-be <bsigned and constnrcted with cerlain acr€ssible fiatures. (See 24 C.F.R
Part 10Q Subpad D.)
Artlcle )fill . Irsbarment and Suspanslon
Re_ciptents are ItJbject to the mn-procurerrent debaffnent and suspension regulatiors implemerting Executive Orders (E.O,)
]2549 arui12689, whioh are al2 c.F.R. Parl180 asadofred by DHS at 2 c.F.R. part 30b0, These regulations restriat
fedEral financial assistarrce awards, subawards, and oontracts with certain pafties thai are debarred, ispendeO, or othenrise
exoluded from or ineliglble for participalion in federal assistance programs rir activities.
Arflcle XXlll - Ac,tlvltlcs Oonducted Abroad
Recipients must €nsur€ that proJect activiUes carried on oubide the United States are coordinated as necessary with
appropliate govemmenl autlnrities and tlnt appopriate licenseg permits, or approvals are obtained.
Artlcla XXIV. Energy Polhy and Gonservaflon Act
Recipents m5t gmpV with the requirements of the Energy Hicy aN Corsatvation /rjt, pub, L. S4 169 (1975) (coditied as
arnended at 42 U.S.C. secllon 6201 ol seg.), which contaln policies relaling to energy efriciency that are deiined inthe sate
energy conservation plan issued in compliance with lhis Act.
Arflch XXV. Procurcrnent of Recocer€d ltJhterlab
States, political subdivisiort-of shtes, and iheir contrrctors must compf with Section 6002 of the Solid Waste Disposal Ac[
Pub' L' 89-272 (1965), (codilied as anerrded by the Resanrce Conwwatim and Ra,a.rclry Mt,4? U,S.C. section bsoZ.; ttre
requlrem€nts of Section 6002 inclucle procuring only itenc ftslgnated in guidelines of ths Environmenilal protection
AgencV (EPA) at 40 C.F.R. Part 247 lhal conhin the highest peicentage ot recwered materials pacticable, consistent with
malntaining a satisfactory land of mmpetition.
Arfcle l0(Vl . Terrorlst Flnanclng
Recipients must comply with E.O. 132,4andU.S. laws lhat pohibit transacion$ with, and the provisiors of resources and
support to, lndlvldtpls and organizations as€ocialed with terrorism. Reoipients are legally responslble to ensure comp1arps
wlth the order and laws.
Articlc )fiVll - Hotet and lllbtal Ftre Sat€ty Act of tOS
f n accordance with s€dlon 6 of the Hotd aN filobll Fire Saldy hl of 19sn,15 U.s.c. section 225a, recigents must en$rp
lhat all conference, meetirg,.convention, or training space funded in whole or ln part wlth federal funds complies with the lireprevenlion_and confol guldellneB ol the Fdqal Fire Prevention aN Qontrd Acl d 1974, (wdified ae arnended at 10 U.S.C.
section 2225.)
Artcle XXVlll - Dupllcatbn ot Beneflts
Anyaosl allocable to a particularfederal financial assidarrce award proMdedfor in 2 G.F,R. Part 2OO, Su@rt E rnay not
be charged to other federal linancial assi$ance awards to overconp fund deilciernles; to avoid restrictioni imposeO Uyted99! statutes, regulations, or federal linanclal asslstance award terms arrd conditions; or for other reasons. Hor/e,/€i, treseprohibitiors would not preclude recipients ftom shiftirg msb that are allorrable under lwo or more arards in accordance w jth
existirg federal statrles, regulationq or the federal finarcial assistance aanrd terns and conditions.
Artcle XXD( - Fly Amsrlca Act of lSl4
Recl6lients must comply with Prelererpe for U.S. Flag Air caniers (air carriers holdirg certilicatee under 4g U.S.C.
sec{on 41'lO2) lor intsrnational air tnnspoltation ol people and property to lhe extent thai srch service is available, ln
accordance withthe ldig]mlior?F,l Nr Transpatalim Falr CanpdfttuaPr€r,ticfs Add 1914,4 U.S.C. section lolig, anO
DHS-FEMA.EMPG-FY21 Page 28 of 35 Kittitas Gounty Sheriffs OffioE EM, E22-217
ttle irtterpetative guidelines issued by the Comptroller General of lhe United States in the March 31, 1981, amsndrnent to
Comptroller GerEral Deoision &1 38942.
Aillcle xxx - Reporling of lyHters Rehted to Reclplent lntegrltyand performancc
lf the tdal value of any cunerrtly ac-tive grants, cooperatMe agreements, and procurernent conlraots fiom all lederal awarding
agernies exceeds $10,0ff),000 for any period of tinre durirg the period of perfonnance oI lhis lederal award then the
reoipients must comply with lhe requiremenls 6et lodh ln the government-wide Award Term and Condition for Recipienl
Integrity and Peformance Matters located at 2 C.F.R. Part 200 Appendix Xll, lhe full text of wHch is incorporated irere Uy
reference in the award tenns and condifions,
Ar0cla XXXI . Lobbylng Prohlbltlons
Recipents must complywith 31 U.S.C. sec{ion 1352, whioh pwides that none of the furrds provided under a fuderal tinancial
assislarre award rnay be experrded by tte recipient to pay arry person to influerne, or attenig to influence an officer or
gmdoye€ of any agency, a Member of Corgress, an officer or employee of Corgress, or an employee of a Mernber of
Congreee in conrec{ion with arry federal adion related lo a federal ariard or contrac! irrcluding iry extensioq continmtion,
renewal, amendrnent, or modllication.
Arflcle XXXII . False Glalms Ac{ and Program Fraud Clvll Remedles
Reclpents musl comply wih the requlrernents ol the Fal* Claims Ad 31 U.S.C. seotions 3729- 3733, whlch prohlHt the
eubmission of false or lraudulent clains for payrnent lo the federal gwemment (See 31 U,S, C. sed'tons 3901 -3912. whlch
detalls the administratve rcmedies lor false clalnp and sbtenrnts made.)
Artcle X)filll. Federal Dabt Slatus
All reclpients are required to be non-delinquent in theh repayment of any federal deil Examples of Elevant debt irrdude
delirquent payroll and other taxes, audit disallovrarrceq and benelit orrerpayments. (See oMB Clrcular A-129.)
Artlcb XXXIV - Nondlscdmlnstlon ln lllafrens Pertalnlng to Falth.Based organlzatons
It is DHS polioy to ensure the equal treatmerf of faitlr-based organhations ln sodal seMce prognms adminlstered or
supported ry DHS or ib component agencles, onaUing those organizatons to pailioipate in pwiOing lmportant social
eervices to bereficlaries. Recipients mr.rst compy with the eqral treatrnent polides and requirenents-mntatrBd ln O C.F.R.
fa! rs 1ryt other appknble statues, regulations, and gnridane,e governing the paftlclpatioris of faithbased organizatiors ln
incf, Mdual DHS programs.
Artlcle XXXI/ - Educaton AmendmenG ot leli2 (Equal Opportunlty ln Educailon Act) . Ttflc tX
Reclplerts must comply wilfr the requirerprts of Tifle lX of the Echation Amqilmeils d tg7z, A)b. L. gZ-319 (1972,
(mdified as arnended at 20 U.S.C, sec{ion 1681 dseq.), wtric*r provide lhat no p€rson inthe United States will, on thobasis
of sex, be excluded from paillcipalion in, be denied the benefits ot, or be sublecieC to discrimination under any educational
program or aclivity receMrB federalfinarrcial asslstarpe. DHS lmplenerting regulatiom are codified at C.F.R. pad 17 arr. 44
C.F.R. Part 19.
ArdcleXXXl/l -Copfigm
Reciplents must affx the appicaHe copyright mlices of 17 U.S-C. sec'tions 401 or 402 and an ackno,vledgenpnt of U.S.
Gwernment sporsorshlp (irrludlng the award number) to any work frst poduced under federal linarrcial isslstance awards.
Atllcle $fi1/ll . Reporflng Subarrads and Enecufive Gompensallon
Redpients are reqdred to com$y with the requirernents set fonh in the government-wlde award term on Repoding SubawarG
and Execuilve Corpersation located at 2 C.F,R. Rrt 170, Appendix A, the lulltext of wt{ch is incorporated'nere 6y refererrce
in the awad terms and conditions.
Arflcle XXXVlll . Uso of DHS Scal, Logo and Fhgs
Reoipieils mrtst obbin permission from thelr DHS FAO pdor to usirg lhe DHS sea(s), logos, crests or reproductions of fl4s
oI likenesses of DHS agenoy_oflicials, inc{udlng trse of the United Slates Goast Guard seil, logq creets oi repoductions oi
flags or likercsses of Goast Guard officiale.
DH$-FEMA-EMPG-FY21 Page 29 of 35 Kiftitas County Sheriffs Office EM, E22-217
Ardsh XXXIX . Wlrlsthblovwr protec{lon Act
Recipients must comply with the. statutory requileryntg_ {ol whisueblower protections (if appicaHe) at 10 u.s.c section 24(xl,41 U.s.c section 4712, ard 10 u.s.c, sectioh 2924,41U.S.C, sections j304 anct 4ilt0.
Artlcle xL ' Assunances, Adndnlskatlve Requlrements, cost Prlnclples, Representations and Carilflcdons
ol-lS financial assistarpe rcclpients must complete elther lhe offpe of Management ard Budget (oMB) Standa rdForm 42.*.Asgurances ' Non€onslruclion Rograrns, or oMB standard Form 424D Asiurances. corstirction Programs, ae app6aue.ceilain assurances in lhese dooumi-nts may not be appicaHe to youi progiir, and the DHS finarrcial assislance oflice (DHS
[A9l try requlre applicants to certify additional assurances. Rppilcanis #e reluireo to fi1out tr,e;;urances appicaHe totheir program as lnstrr,rcted by the a,rrardirg agency. Please contact the DHS rriO it you tuu"
"ny
q,"*io*,
DH$ financial assistance redrients are required to follorv the applicable pwlsbrs of the Uniform AdministrativeRequirencnts, Cost Prlnclplee, and Audii iequiremente for Fe&ral lwards located at Tiile 2, code of Federal Regulations(C.F.R.) Part 200, ard actofled by DHS at 2 C,F.R. part 3002.
By accepfng this agreennnt, the recipient and lts executives, as defined in 2 c.F.R. seotion 170.31 s, certify ffnt therecipienfs policles are in actordance wlth oMBsguidance tocateo ai i cin. part zoo, ati applr"uL-i*o"ral lar,rrs, andrelevant Executive gulcb nce.
Artlcle XLI - Acceptance of po*t Anard Ghanges
ln the a/ent FEMA determines that changes are necsssary to tlre award docunrent afler an award tBs been made, imludlngohanges topedod of performarrce or terms and conditions, recipenc wiir oe mtmeo oirre cnang;s h writirg. oncenotification has been Mgr -".ry ryF"gr.nnt reque$ ror runos witt lndicate reoipient acceplanoe of the charBes to lheaward' Please call lhe FEMA/GMD call Center at (866) 927-5646 or via e-nell lo nsxrciroorema.Jnegov if you have arryquestiotls-
Ardcle XLll . Patents and lntellectual propertyr Rlghts
Rechients are eubject to lle tuyh'tute Ant,ga U-€.c. section2O0 ef seq, unless olheruise provided by taw. Recipients aresuUect to- the epecific requirements governing the developtrent reportind, ano oisposition of rights lo lrventions and patentsresulling from lederalfinancialassistance awards locatedat 37 c.F.R. piit aor and the dandiro patent rights clause localedat 37 C.F.R. eection fi1.14.
Personnel
Fringe Benefits
Travel
Eryipnerfr
Supplies
Contradrnl
Constnrction
lndired Charges
Olhar
BUDGET CO37 CATEOORIES
$4,066,819.m
$1,479,769.00
$2,188.00
$0.m
$15,390.m
$9,247,406.00
$0.00
$38t,272.00
$CI.00
DHS-FEMA-EMPG-FY21 Paga 30 of 35 Kittitas County Sheriffs Office EM, E2Z-217
Docrmont for
la" AGRBEMENTNO.
EMS-202t-EP{0007-S0t
6. RECIPIE{T NAI\,IE Ai{D
ADDRESS
Washington Military
Depaftnent
Building 20
Cmp ldurray, WA, 98430 -
5tn
9. NAT4E OF RECIPIENT
PROJBCTOFFICER
Tirzah Kincheloe
PROCIRAN{
NAMS
ACRONTM
'CFDANO.
Emqgcllcy
M8n{cmfit
Pcrfrmrncc
ollnls
2. AMENDMETITNO.art
7. ISSIJING FEMA OFFICE A}ID
ADDRESS
FEN4A-CPD
400C Strcet, SW,3rd floor
Washinsloq DC n4T2-3645
POC:86697.5646
iACCOTJNTING DATA
(ACCSCODE)
:)ooo{-)oo(-)ooooo(.
r )o000(-)o00(-)ooo(-x
3. 4.TYPEOFACTION
RECIPIENT AWARD
NO,
916001095G
5. CONIROL NO,
FY2O2IRIOEMPC}
8. PAYMENT OFFICE AT.ID ADDRESS
FEITIAFinance Center
430lvlartet Snect
Wincheser, VA 22603
II, EFFECTI\/E DATE OF
THISACTION
l0t0U2v20
I 5^ DESCRIPTION OF ACTION
a. (Indicate firnding daA for owards or finsncial ohang€s)
,l
PHO}.IE NO. IO. NAME OF FEMA PROIECT COORDINATOR
2535127456 , Celrtrsl Scheduling and Information Desk
t2"
METHOD
OF
PAYMENT
PARS
, Phone: E0G368-6498
, Enail: Askcsid@dhs.gov
I 3. ASSISTAI{CE ARRAI{GEMENT
Coat Refunbursemcnt
14" PERFORMANCEPERIOD
flom: To;fin1nmo 09a0/2023
BudgctPcrhd
1An1nV20 09130/2023
CURRENT CI.]MI,JLATIVENON-TOTAL FEDEMLCOMMTMENT
AWARD
Scc Totds97542202r.rA-oAot.Rt07. 4120-D
PRIOR
TOTAL
AWARD
AN{OTJNT
AWARDED
THIS
ACTION
1+oRG)
. f7,582,n2.N30.00 s7,582921.00
t0.00 i7,3tt %t.00 3tJ02par.00 J7.ggl,W,N
b. To &rcribc chsngos othcr than ftnding
N/A
datr or frnancid clnnges, atbch schedule rnd c*rcck here.
16a- FORNON-DISASTERPR.OCRAIvIS: RECIPIENT ISREQUIREDTO SIGNAI{DRETURNTHREE(3) COrIES OF THIS
DOCUMENT TO FElvlA (Ser Block 7 for address)
Emergcncy Itlaragemcnt Pffformsnc€ Grants rocipicnts sra not rcguired lo sign rnd rctum copics otthis doqrmcnt. Howevcr, rccipients
should print and kccp a copy ofthis documcnt for their records.
l6b. FORDISASTER PROGRAMS: RECIPIENT ISNOT REeIIRED TO SlcN
This asistanco is subjcct to terms snd conditions attachcd to this awsrd notice or by incorpontcd rcfcrence in program lcgislation citcd
abovc.
17. RECIPIENT SIGNATORY OFTICIAL (ttemo and Tirle)
TireahKincheloe, Mrs
18. FEMA SIGNATORY OFFICLAL (l.Iame and Titte)
THERESA MUSCAT BARA , Plogrem lvlanegcr
DATE
Wed Sep 08 18:30:53 GMT
2021
DATE
Mon Ary 3015:36:26 GMI
aml
DHS.FEMA.EMPG-FY21 Page 31 of35 Kittitas County Sheriffe Oflice EM, E22-21t
Attachment D
WORK PLAN
FY 2021 Emergency Management Performance G rant
Organization: KittitasCou nty Sheriff's Office
The purpose of EMPG is to assist with the enhancement, sustainment and improvement of state, local, and tribal
emergency management programs. Activities conducted using EMPG funding should relate directly to the five
elements of emergenry management: prevention, protection, response, recovery, and mitigation. Washington
State does not require a specific number of activities to receive EMPG funding. However. there are required
capabilities that must be sustained in order to remain eligible for EMPG funding, including but not limited to the
ability to communicate and warn, educate the public, plan, train, exercise, and be NlMS compliant. The Work plan
delineates the Emergency Management Organization's emergency management program planning and priority
focus for this grant cycle (to include EMpG grant and local funds).
I
4.7 Communications and Warning
Primary Core Capabllity Public lnformation and Warning
Secondary Gore Capabil lty,Community Resilience
Bullil or Sustain Sustaining/Maintai ning
WORK PTANNEO IDENTIFIED GAP/NEED ANTICI PATED PROJECT IMPACT
Renew Everbridge, mass notification
system
This is a sustainment project that
supports the County's
Comprehensive Emergency
Management Plan:
A, Purpose
1. Thls support function helps
organize, develop, and maintain
adequate communications
capabilities necessary to meet the
operational req uirements for
Kittitas County emergency
operations.
2. Provides guidance for the rapid
alerting and warning to key officials
and dissemination of warning
information of an impending or
occurring emergency or disaster.
3. Provides guidance for providing
the public with rapid, accurate
information, warnings or alerts
before during or after an emergency
or disaster.
This allows the county and
municipalities to be able to send
emergency alerts out to the citizens
quickly in the event of an
emergency.
Priority Area H1
DHS-FEMA-EMPG.FY2l Page 32 of 35 Kittitas County Sheriffs Oflice EM, E22-217
2 Enhance commu nications by
purchasing the following:
- portable radio equipment and
batteries.
- RACES radio equipment.
- radio equipment for the incident
command vehicle/command post
The AAR from Cascadia realized the
need for RACES teams to be able to
send packet information. Regional
Exercises have concluded the need
to upgrade ancient equipment to
send "packet" information via the
radio to ask for logistic support and
to provide SitRep. Lengthy
operations have also created a gap
in the need for radio batteries and
forthe need to upgrade
communications equipment in our
older command posts/vehicles.
County EM will work with Region 7
RACES to update equipment and
strengthen communication
capabilities in the command posts,
andto purchase extra batteries to
be able to deploy in an extended
event/disaster.
4.4 Operational Planning and Procedures
Primary Core Capablllty Threats and Hazard ldentlfication
Seondary Core Capability Planning
Bitild or Sustaln Building
WORK PTANNED tDENT|F|ED GAP/NEED ANTICI PATED PROJECT I MPACT
Work on Countywide THTRA plan by
creating a work group that includes
munlcipalities and Central
Washington University.
Kittitas County currently uses the
HIVA. The HIVA is outdated and
does not encompass smaller
municipalities and Central
Washington Unlversity. The county
is in the process of creating a team
to have a clearly outlined THIRA.
This will be a new project led by the
Kittitas County EM
A written THIRA for Kittitas County
which will help identifo Threats and
Hazards in the county to increase
focus on mitigation strategies.
Priority Area #2
t
7
3.2 Coordination
Primary Gore Capablllty..Community Resilience
Secondary Core Capablllty Environ mental Response/Health and Safety
Bulld or Sustaln'Su sta i n i nglMa i ntai n i n g
WORK PI.ANNED TDENT|FtED GAP/NsED ANTICI PATED PRO.IECT I M PACT
Enhance community prepared ness
by supporting training and outreach
projects such as evacuation
planning guides, response training
for first responders, and response
supplies (such as potable water for
emergencies).
The greatest hazard in Kittitas
County is Wildland Fires.
Community preparedness for
evacuations and FireWise is the
number one priority in the wildland
urban interface (WUl) area. With
new developments ln the WUt
area$ this is an ongoing proJect.
- Other outreach involves active
shooter awareness and response
training.
- Also, the 2021 heat wave and a
large-scale power outage depleted
Kittitas County's emergency potable
water supplies, which now need to
be restocked.
' Printed evacuation planning
pamphlets will be provided to
community members for education
on wildland flres and the WUl.
- Responders will be trained for
active shooter response.
'The emergency potable water
supply will be replenished and ready
for use in emergency situations.
Priority Area ll3
DHS-FEMA-EMPG.FY21 Page 33 of 35 Kittitas County Sheriffs Office EM, E22-217
Attachment E
TIMELINE
FY 2421 Emergency Managemant Performance Grant
DATE TASK
June 1,2O21 Grant Agreement Start Date
April30,2022 Submit reim bursement request
July 31 ,2022 $ubmit reimbursement req uest
September 30,2022 Grant Agreement End Date
November 15,2022 Submit final reimbursement request, final report, training
requirement report, and/or other deliverables.
The Subrecipient must request pqpg written approval from Department Key Personnelto waive
or extend a due date ln the above Timeline.
For waived or extended reimbursements, all allowable costs should be submiiled on the next
scheduled reimbursement due date contained in the Timeline.
DHS.FEMA-EMPG.FY2l Page 34 of 35 Kittitas County Sheriffs Offfce EM" E22-217
Attachment F
BUDGET
FY 2021 Emergency Management perform ance G rant
2lEMPG AW
sotunoN
AREA BUDGETcATEcoRY
Diem
ies
Consultan
Other
on &Fr
Diem
ies
& Fri
er Diem
Personnet &
Diem
Ita
D
C'trl
Personnel &Benefits
Tr Diem
d
E Consultants
I ndi rect
500
500
acts
Pers
5u
Other
(!'
=zzg
L
2o]-
sz
c'Eo
EI
atD
tJ0tulxtrl
(!'
=z
EF
Benefits
ts
Subtotal
Subtotal
Subtotal
Subtotal
subtotal S
Subtotal
EMPG AMOUNT MATCHAMOUNT
5
s
2
4
lndired Cost Rote on file Peiod of:
TOTAL Grant Agr€ement s 2A-O 15 s 29.000
The Subrecipient wilt provide a match of $28,0{ 5 of non-federal origin, 50% of the total project cost (local
budget plus EMPG awad).
Gumulative transfers to budget categories in excess of ten percent (10%) of the Grant Agreement Amount
will not be reimbursed without prior wriften authorization from the Department.
Funding source: u.s. Department of Homeland security - pr# z13pr - EMpG
DHS.FEMA.EMPG-FY21 Page 35 of 35 Kittitas County Sheriffs Ofiice EM, EZ?-ZII
SIGNATURE AUTHORIZATION FORM
WASHINGTON STATE MILITARY DEPARTMENT
Camp Murray, Washington 98430-51 22
P/ease read instructions on re verse side before completins this form.
NAME OF ORGANIZATION
Kittitas County
DATE SUBMITTED
t f ttiaq
PROJECT DESCRIPTION
EMPG FFY-21
CONTRACT NUMBER
E22-217
1. AUTHORIZINGAUTHORIry
SIGNATURE PRINT OR TYPE NAME TITLE/TERM OF O FFICE
e4 *+y*r Clay Myers Sheriff 12022
2. AUTHORIZED TO SIGN CONTRACTS/CONTRACT AMENDMENTS
SIGNATURE PRINT OR TYPE NAME TITLE
Ary tu7rrtt Clay Myers Sheriff
3. AUTHORIZED TO SIGN REQUESTS FOR REIMBURSEMENT
SIGNATURE PRINT OR TYPE NAME TITLEo(
Darren Higashiyama Chief Deputy
'-d4rP+
"U
Sharrie McPherson FiscalAnalyst
\\NAGIWOL1IHOMAKARENB\....IWP\SIGNAUTH Revisod 3/03
NAME
Coun$ of Kittitas
Ooing business a$ (DBA)
Kittitas Coun$
ADDRESS
205 W Sth Ste 105
Ellensburg, WA 98926
Appllcable Procurement
or SollclCatlon #, lf any:
WA Unilorm Business
ldentifier (UBl)
192002673
Federal EmployerTax
ldentification #:
91-600'1349
submlttsd es
Washhrgton Military Department Contract Nlum6gr E22'217
Debarm ent, Suspens ion, Ineligibility or Vol untary Exclusion Certlflcatlon Form
lnstructions For Certilication Regarding Debarment, Suspension, lnellglbility and Voluntary Exclusion-Lower
Tier Covered Transactions
1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out
below.2. The certification in lhis clause is a material representalion of fact upon which reliance was placed when this
transaclion was entered into. lf it is later determined that the prospective lower tier participant knowingly rendered an
erroneous certification, in addition to other remedies available to the Federal Government the department or agency
with which this transaction originated may pursue available remedies, including suspension and/or debarment.3. The prospective lower tier participant shall provide immediate written nolice to the deparlment, institution or office to
which lhis proposal is submitted if at any time the prospeclive lower tier participant learns lhat its certification was
erroneous when submitted or had become enoneous by reason ol changed circumstances.4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaciion, parlicipant, person,
primary covered transaclion, principal, proposal, and voluntarily excluded, as used in this clause, have'the nieaning
set out in the Definitions and Coverage seclions of rules implementing Execulive Order 12549. You may contact the
person lo 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 thai, should the proposed covered
transaction be entered into, it shall not knowingly enter into any lower tier covered transaction wiin a person who is
proposed for debarment under the applicable CFR, debarred, suspended, declared ineligible, or voluniarily excluded
from participation in this covered lransaction, unless authorized by lhe department or agency with tvhich this
transaction orig{nated.6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause tifled*Certification Regarding Debarment, Suspenslon, lneligibility and Voluntary Exclusion-Lower Tier Covered
Transaction." wfthout modlfication, in all lower tier covered transactions and in all soticitations for lower tier covered
transactions.7. A participant in a covered transactlon may rely upon a certification of a prospective participant in a lower tier covered
transaction that it is not proposed for debarment under applicable CFR, debarred, suspended, ineligible, or voluntarily
exduded from covered lransactions, unless it knows that the certificalion is erroneous. A participant may decide th6
melhod and freguency by which it delermines the eligibility of its principals. Each participant may, nut is not required
lo, check the List of Parties Excluded from Federal Procurement and Non-procuremenl Piograms.L Nothing contained in the foregoing shall be conslrued to require establishment of a sysiem of records in order to
render in good faith the certification required by this clause. The knowledge and information of a padicipant is not
required to exceed lhal which Is normally possessed by a prudent person in the ordinary course of business activity,9. Except for lransactions authorized under paragraph 5 of these instruclions, if a partiiipant in a covered transaition
knorvingly enters into a lower tier covered lransaction with a person who is proposed for debarment under applicable
GFR" suspended" debarred, ineligible, or voluntarily excluded from participation in this transaction, in additbri io other
remedles available to the Federal Government, lhe department or agency with which this transaction originated may
pursue available remedies, induding suspension and/or debarment.
Certification Regarding Debarment, Suspenslon, lneligibility and Voluntary Exclusion-Lower Tier
Covered Transactions
The prospective lower tier participant certifies, by submission of thls proposal or contract, that neither it nor itsprinclpals is presently dcbarred, suspended, proposed for debarmsnt, declared ineligible, or voluntarily excluded
from participatlon in this transaction by any Federal department or agency. Where the prospective lower tier
particlpant ls unabte to certify to any of the statements ln this certifiCation, such prospectlve participant shall
attach an explanation to thls form.
Bidder or Contractor Signature:
READ CAREFULLY AEFORE SIGNING THE CERTIFICA TION.Federa regulatlons rtquire contraclo ns and bldders to slgn and
ablde by the te rms of thls certification,wlthout modlflcatlon,n order to partlclpate ln cerlain tran sactrlone dt rectly
federal funds.
print Name and Tile: Jerry Peftit,itor
Date:irrfu,