HomeMy WebLinkAboutE22-264Sheriffg Offica, Emergency Managemsnt (EM)
307 W Umptanum Road
Ellensburg, WA 98926€720
1. Subrecipient Name and Address
Kittitas, County of
2, Grant Agreement Amount:
$14,205
3. Grant Agreement Number:
E22-264
4. Subrecipient Contact. phone/email:
Darren Higashiyama, 509-933{206
darren,h lgashiyama@co.klttilas.wa.us
Agreement Start Date;5. Grant
June 1,2O21
6, Grant Agreement End Date:
December 31,2022
7. Department Contact, phoner/ernail;
Deborah Henderson, 259512-7 47 0
deborah.henderson@m ll.wa.gov
8. Data Universal Numbering System (DUNS):
010202u7
9. UBI # (state revenue):
r92.002-673
.DEPARTM and the U.S.
& Title:
Irllllra
Date:
'10. Funding Autrodty:
Lislings #
of
11. Federal
1 4. T olal Federal Amount.
$2,136,034
15. Progrem
713P4
lndex # & OBJISUB-OBJ:
NZ
16. EtN:
9l-60013949
17. Servlce Districts:
(BY LEGISLATIVE DISTRICT): 13
(BY CONGRESSIONAL D|STR|CTTT 8
18" SeMce Area by County(ies):
Kltlltas
1 9. Women/Minority-Owned, SlateCertified:Elvn DruOE Yes,oMWsE#
20. Agreement Classiff cation"E Personal Services DE Researcb/Development
Client Services I puUticlLocal Gov'tE ruE D orher
21, Contract Type (check a[ that appty):Ll Contract E GrantE lntergovernmental (RCW 39.34)
El AgreementE lnteraoencv
E Comoetrtrve Biddinotr rye icw D run-D Advenised? E yES tr ruO
22.
E piteowlorirz
For-Profit
Non-Prolit
OTHER
23.
trtr
Tha purpose of ths Flscal Year (FYl 2021 Emergency Management Performance Grant Amerlcan Rescue plan Act (2tEMPG-ARPA) program ls to provlde U.S. Deprrtmenl of Hometand Securlty (DHs)rFodorat Emergency managemening"niy (FEMA)Federal award funds lo states to asslst stats, loc6l, tenilorlal, anltilUal-iovernm€nts li prdparlng ior all haiard" tirrougdeustalnmant and enhancement of those programs as descrlbed in the work-plan.
The Department le the Recipient and Pass-through Entity of the 2l EMPG-ARPA DHs Award Letter for Grant No. EMS.2021.Ep-00008€01, which is incorporated ln and atlached heretqas Atlachment G and hae made a subrwerd of Fedsral award funds tothe strbrecipientpur8uant to this Agreement Tlre Subreclpient ls acsountabte to the Departmenffor use of Federal award funds. provlded under thie Apreement and lhe asgoclated matchlng fu[ds.
24. PURPOSE & DESCRIPTION:
A); General Terms and Conditions {Attacnment B); 21EMpG-ARpA Award
(Attachment D); Timeline (Atlachment E); Budget (Attachment F); and allother
Agreement
of
lN WTNESS WHEREOF, the Department and and accepl the terms of this Agreemenl,Subrecipient acknowledge including all referencedAttachments which are hereby incorporated in and made a part hereof,and hav€ executed this Agreemenl as of tha date below, ThisFae Sheet; Special Terms & Conditions (Afiachment
Letter EMS-202'|-EP-00008-S01 (Attachment C); Work ptan
documents expressly refrarenced and incorporated herein contain all the terms and conditbns agreed upon by the padies and gov€rn therights and obligations of the parties to this Agreemenl.No other undeslandings, oral or otherulse,tegarding the subject matter of lhis
shall be deemed to to bind
Washington State Military Oepartrnenl
BOILERPI.ATE APPROVED AS TO FORM:
Dawn C. Cortez lAugust 10,20211
executed this Agreement on
7
Date
VWIEREAS, the parties hereto
ENT:FOR THE SUBRECIPIENT:
and year below.
Anne Hesse, Chief Financial Olficer
3t2t2022
Date Dale
]-e
FORM (if
slgnature
Clay Myers, Sheriff
Kiftitas County Sheriffs Office
EMERG
Washlngton State Military Depaftment
AMERICAN RESCUE AGREEMENT SHEET
D HS-FEMA-EMPG-ARPA-FY2 1 Page 1 of34 Kittitas County Sheriffs Office EM, E22-264
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 pafi shall beirirade by wriften notincalionlolfieiuriint t<iii plil6il|el. '
SUBRECIPIENT
ARTICLE II. ADMINISTRATIVE AND/OR FINANCIAL REQUIREMENTS
The Subrecipient shall lgmply with all applicable state and federat laws, rules, regulations, requirements and
Plogll! guidance identified or referenced in_this Agreement and the informationll documenti pubtished byDHS/FEMA applicable to lhe 21EMPG-ARPA Program, including, but not limited to, all criteria, resirictions, anil
requirernents of lhe Department of Hometand Security IOHS) Notice of Funding Opportuniy ttUOfOl FiscalYear (FY) 2021 Emergency hlgnagement Performance Grant (EMPG) documint, 'ti.e fenie'prcparedness
Granfs Manualdoxtment (the Manual), the DHS Award Letterfoi Grant ruo. eus-zoz1-Ep-0oo0s-sot, and the
!9de9! rggulations commonly applicable to DHS/FEMA grants, all of which are incorporated herein by reference.
The DHS Award Letter is incorporated in this Agreement as Attachment c.
The Subrecipient acknowledges that since this Agreement invotves federal award funding, the performanceperiod.may begin prior to the availabili$ of appropriated federal funds. The Subrecipient ajiees tirat iiwilt nothold the Department, the state of Washington, or the United States liable for any dimages, claim forreimbursement, or any type of payment whatsoever for services performed under tnis Rgre[ment prior to
distribution of appropriated federal funds, or if federalfunds are not appropriated or in a particirlar amount.
A. STATE AND FEDERAL REQUIREMENT$ FOR DHS'FEMA PREPAREDNESS GRANTS:The following requirements apply to all DHS/FEMA Preparedness Grants administered by the
Department
1. SUBAWARDS & CONTRACTS BY SUBRECIPIENTa. The Subrecipient must make a,case-by-case determination whether each agreement it
makes for the disbursement of 21EMPG-ARPA 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 all federal laws and regulations applicable topass{hrough entities of 21EMPG-ARPA funds, including, but not iimited to,
those contained in 2 CFR 200.
ii. The Subrecipient shall require its subrecipient(s) to compty with alt applicable
state and federal laws, ru16s, regulations, requirements, and program guidance
identified or referenced in this Agreement and the informdtional do-cuments
published by DHSIFEMA applicable to the 21EMPG-ARPA Program, including,
but not limited to, all criteria, restrictions, and requirements of lhe Depaftment
DHS-FEMA-EMPG-ARPA-FY21 page 2 of 34 Kiflitas County Sheriffs Office EM, E?2-264
Name Darren Hiqashivama Name Deborah Henderson
Title Chief Deputy Title Program Coordlnator
Email darren.higas hiyama@co. kittitas.wa. us Email deborah.henderson@m i l.wa.qov
Phone 509-933.8206 Phone 253-512-7470
Name Clay Myers Name Tirzah Klncheloe
Title Sheriff Title
Email clay.myers@co. kittitas.wa. us Email il.
Phone 509-962-7615 Phone 253-512-7466
Name Shanie McPherson Name Gourtney Bemus
Title Chief Financial Manaser Title Program Assistant
Email sharrle.m cpherson@co. kittltas.wa. us Email co urtney. bamus@m il.wa.oov
Phone 5{19-962-7056 Phone 253-316-6438
of Homel and Secu rity (DHS) Notice of F u nding Qpportu nity (NO FO ) F isca! year
(FY) 2021 Emergency Management Pefformance Grant (EMPG) document, the
Manual, the DHS Award Letter tor Grant No. EMS-2021-EP-0OA0B-S07 in
Attachment C, and the federal regulations commonly applicable to DHS/FEMA
grants.
iii. The Subrecipient shall be responsible to the Department for ensudng that all
21EMPG-ARPA federal award funds provided to its subracipients, 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 this Agreement.
2. BUDGET, REIMBURSEMENT, AND TIMELINEa. Within the total Grant AgreementAmount, travel, subcontracts, salaries, benefits, printing,
equipment, and other goods and services or other budget categories will be reimburset
on an actualcost basis upon completion unless otherwise provided in this Agreement.
b. The maximum amount of all reimbursemenl requests permitted to be submitted underthis
Agreement, including the final reimbursement request, is limited to and shall not exceed
the total Grant Agreement Amount.
c. lf the Subrecipient chooses to include indirect costs within the Budget (Attachment F),
additional documentation is reguired based on the applicable situation. Ri described in'C
CFR 200,414 and Appendix Vllto 2 CFR 200:
i. lf the Subrecipient reoeives direct funding from any Federal agency(ies),
documentation of the rate must be submitted to the Department Key Personnel
per the following: \
A. More than $35 million, the approved indirect cost rate agreement
negotiated with its federal cognizant agency.
B. Less than $35 million, the indirect cost proposaldeveloped in accordance
with Appendix Vtt of 2 CFR 200 requirements.
ii. lftheSubrecipientdoes notreceivedirectfederalfunds (i,e,, only receivesfunds
as a subrecipient), the Subrecipient must either elect to charge a de minimus
rate of ten percent (10o/ol or 1oo/o of modified total direst costs or choose to
negotiate a higher rate with the Department. lf the latter is prefened, the
Subrecipient must contac't Department Key Personnelfor approvat steps.
d, For travel costs, the Subrecipient shall comply with 2 CFR 200.475 and should consult
their internal policies, state rates set pursuant to RCW43.03.050 and RCW43.03.060 as
now existing or amended, and federal maximum rates set forth at https://www,osg.qov,
and followthe most restrictive. lf travelcostsexceed setstate orfedeEltimGlEGi-Costs
shall not be reimbursed without written approval by Departmenl Key personnel.
e. Reimbursement requests will include a properly completed State A-19 lnvoice Form and
Reimbu.rsement Spreadsheet (in the format provided by the Department) detailing the
expenditures for which reimbursement is sought. Reimbursement requests muit be
submitted to Reimbursgmgnts@mil.wa.gov no later than the due dates iisted witnin the
Timeline (Attachment E).
Reimbursement request totals should be commensurate to the time spent processing by
the Subrecipient and the Department.
f' Receipts and/or backup documentation for any approved items that are authorized under
this Agreement must be maintained by the Subrecipient consistent with record retention
requirements of this Agreement and be made available upon request by the Department
and auditors,
g. The Subrecipient must request priorwriften approvalfrom Department Key personnelto
waive or extend a due date in the Timeline (Attachment E). For waived or extended
DHS-FEMA-EMPG-ARPA-FY21 Page 3 of 34 Kittitas County Sheriffs Office EM, EZz-Zgg
reimbursements, all allowable costs should be submifted on the next scheduled
reimbursement due date contained in the Timeline. Waiving or missing deadlines serues
as an indicator for assessing an agency's level of risk of noncompliance with the
regulations, requirements, and the terms and conditions of the Agreement and may
increase required monitoring activities. Any request for a waiver or extension of a due date
in the Timeline will be treated as a request for Amendment of the Agreement. This request
must be submitted to the Department Key Personnel sufficiently in advance of the due
date to provide adequate time for Department review and consideration and may be
granted or denied within the Department's sole discretion.
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 affer the Grant Agreement End Date, except as otherwise authorized by-either (1i
written amendment of this Agreement or (2) written notification from the Departmenttothe
Subrecipient to provide additional time for completion of the $ubrecipient'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 invoiced by the vlndor.j. Failure to submit timely, accurate, and complete reports and reimbursement requests as
reqyilgd by this Agreement (including, but not limited to, those reports in the Timetine) 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 until the 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, direct budget categories, as identified in the Budget (Attachment F), to exceed
ten percent (1oo/ol of the Grant Agreement Amount. Any changes to budget category totals
not in compliance with this paragraph will not be reimbursed without approvai from the
Department.
m. Subrecipients shall only use federal award funds under this Agreement to supplement
existing funds and willnot use them to replace (supplant) non-federalfundsthat have been
budgeted for the same purpose. The Subrecipient may be required to demonstrate and
document that a reduction in non-federal resources occurred for reasons other than the
receipt or expected receipt of federal funds.
3. REPORTINGa. With each reimbursement request, the Subrecipient shall report how the expenditures, for
which reimbursement is sought, relate to the Work Plan (Aftachment D) activities in the
format provided by the Department.
b. lfiith the final reimbursement request, the Subrecipient shall submit to the Department Key
Personnel a final report describing all completed adivities underthis Agreement.
c. ln conjunction with the final report, the Subrecipient shall submit a separate report detailing
how the EMPG Training requirements were met for all personnel funded by federat oi
matching funds under this Agreement.
d. The.llbrgcipient shallcomply with lhe FederalFunding Accountability and Transparency
Act (FFATA) and related OMB Guidance consistent with Public Law 109-282 as amended
by section 62p2(a) of Public Law 110-252 (see 31 U.S.C. 6101 note) and comptete and
relurn to the Department an Audit Gertification/FFATA Form. This form is required to be
completed once per calendar year, per subrecipient, and not per agreement. The
Department's Contracts Office will request the Subrecipient submit an updJted form at the
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 capabitities
DHS-FEMA-EMPG-ARPA-FY21 Page 4 ol34 Kittitas County ShEriffs Office EM, E22-264
4.
assessments, and data calls. Non-participation may result in withholding of funding under
future grant years.
EQUIPMENT AND SUPPLY MANAGEMENTa. The Subrecipient and any non-federal entity 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 under this Agreement, 2 CFR 200.31 3for management of equipment, and 2 CFR 200.314 for manlgement of supplies, to
include, but not limited to:
i. Upon successful completion of the terms of this Agreement, all equipment and
supplies purchased through this Agreement will be owned by the $ubrecipient,
or a recognized non-federal entity to which the Subrecipient has made a
subaward, for which a contrac-t, Subrecipient grant agreement, or other means
of legal transfer of ownership is in place.
ii. All equipment, and supplies as applicable, purchased under this Agreement will
be recorded and maintained in the Subrecipient's inventory system.
iii. lnventory system records shall indude:
A. Description of the property
B. Manufacturer's serialnumber, or other identificalion number
C. Funding source forthe property, including the Federal Award ldentification
Number (FAIN)
D. Assistance Listings Number (formerly CFDA Number)
E. \Mro holds the titte
F. Acquisition date
G. Cost of the property and the percentage of federal participation in the cost
H. Location, use, and condition of the property at the date the information was
reported
l. Disposition data including the date of disposal and sale price of the
property.
iv. The Subrecipient shall take a physical inventory of the equipment, and supplies
as applicable, and reconcile the results with the property records at least once
every two years. Any differences between quantities determined by the physical
inspection and those shown in the records shall be investigated Oy ttre
Subrecipient to determine the cause of the difference. The Subrecipient shall, in
connection with the inventory, veriff the existence, current utilization, and
continued need forthe equipment.
v. The Subrecipient shall be responsible for any and all operational and
maintenance expenses and for the safe operation of lheir equipment and supplies
including all questions of liabili$. The Subrecipient shall develop appropriate
maintenance schedules and prooedures to ensure the equipment, and suppties
as applicable, are well maintained and kept in good operating condition.
vi. The Subrecipient shall develop a control system to ensure adequate safeguards
to prevent loss, damage, and theft of the property. Any loss, damage, or theft shall
be investigated, and a report generated and sent to the Department's Key
Personnel.
vii. The Subrecipient must obtain and maintain all necessary certifications and
licenses for the equipment.
viii. lf the Subrecipient is authorized or required to sell the property, proper sales
procedures must be established and followed to ensure the highest possible
D HS-FEMA-EMPG-ARPA-FY2 1 Page 5 of 34 Kitlitas County $heriffs Office EM, E22-264
b"
c.
retum. For disposition, if upon termination or at the Grant Agreement End Date,
when original or replacement supplies or equipment acquired under a federat
award are no longer needed for the original project or program or for other
activities currently or previously suppoiled by a federal awarding agency, the
Subrecipient must comply with the following procedures:
A. For Supplies: lf there is a residual inventory of unused supplies exceeding
$5,000 in total aggregate value upon termination or completion of thi
project or program and the supplies are not needed for any other federal
award, the Subrecipient must retain the supplies for use on other activities
or sell them, but must, in either case, compensate the federal government
for its share. The amount of compensation must be computed in the same
manner as for equipment.
B. For Equipment:
1) ltems with a cunent per-unit fair-market value of $5,000 or less may
be retained, sold, transferred, orotherwise disposed of with no further
obligation to the federalawarding agency,
2t ltems with a cunent per-unit fair-market value in excess of $3,000
may be retained or sold. The Subrecipient shall compensate the
federal awarding agency in accordance with the requirements of 2
cFR 200.313 (e)(2).
ix. Records for equipment shall be retained by the Subrecipient for a period of six
years from the date of the disposition, replacement, or transfer. lf any litigation,
claim, or audit is started before the expiration of the six-year period, the records
shall be retained by the Subrecipient until all litigation, clairns, or audit findings
involving the records have been resolved.
The Subrecipient shallcomply with the Department's Purchase Revlew Process, which is
incorporated by reference and made part of this Agreement. No reimbursement will be
provided unless the appropriate approval has been received.
Allowable categories for the EMPG Program are listed on the Authorized Equipment List(AEL) located on the FEMA website at https://www.fema.oov/qrants/guidangg
tools/authorizgd;eouipment-list. lt is important that the Subrecipient and any non-tedeiat
entity to which the $ubrecipient makes a subaward regard the AEL as an authorized
purchasing list identifying items allowed under the specific grant program and includes
items that may not be categorized as equipment according to the feOeril, state, local, and
tribal definitions of equipmenl. The Subrecipient is solely responsible for ensuring and
documenting purchased items under this Agreement are authorized as allowed items by
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 Personnel for assistance in seeking FEMA approval prior to
acquisition.
Unless expressly provided otherwise, all equipment must meet all mandatory regulatory
and/or DHS/FEMA adopted standards to be eligible for purchase using fedeial award
funds.
lf funding is allocated to emergency communications, the Subrecipient must ensure that
all projects comply with SAFECOM Guidance on Emergency Communications Grants
ensuring the investments are compatible, interoperable, resilient, and support national
goals and objectives for improving emergency communications.
Effective August 13, 2020, FEMA recipients and subrecipients, as well as their contractors
and subcontactors. may not obligate or expend any FEMA award funds to:
d
e
t.
DHS-FEMA.EMPG-ARPA.FY2 1 Page 6 of 34 Kittitas County Sheriffs Office EM, E22-264
i, Procure or obtain any equipment, system, or seruice that uses covered
telecommunications equipment or services as a substantial or essential
component of any system, or as criticaltechnology of any system;
ii. Enter into, extend, or renew a contract to procure or obtain any equipment,
system, or service that uses covered telecommunications equipment or services
as a substantial or essential component of any system, or as critical technology
of any system; or
iii. Enter into, extend, or renew contracts with entities that use covered
telecommunications equipment or services as a substantial or essential
component of any systern, or as critical technology as part of any system.
This prohibition regarding certain telecommunications and video surveillance services or
equipment is mandated by section 889 of the John S. Mc0ain National Defense
Authorization Act for Fiscal Year 2019 (FY 2019 NDAA), pub. L, No. It*232 (201s).
Recipients and subrecipients may use DHS/FEMA grant funding to procure replacement
equipment and services impacted by this prohibition, provided the costs are otherwise
consistent with the requirements of the Manual and applicable NOFO.
Per section 889(0(2)-(3) of the FY 2019 NDAA, and 2 cFR 200.216, covered
telecomm unications equipment or services means:
i. Telecommunications equipment produced by HuaweiTechnologies Company or
ZTE Corporation, (or any subsidiary or affiliate of such entities);
ii. For the purpose of public safety, security of government facilities, physical
securily surveillance of critical infrastructure, and other national securi$
purposes, video surveillance and telecommunications equipment produced by
H$era Communications Corporation, Hangzhou Hikvision Digital Technology
Company, or Dahua Technology Company (or any subsidiary or affiliate of suih
entities);
iii. Telecommunications or video surveillance services provided by such entities or
using such equipment; or
iv. Telecommunications or video surveillance equipment or services produced or
provided by an entity that the Secretary of Defense, in consultation with the
Director of National lntelligence or the Director of the Federal Bureau of
lnvestigation, reasonably believes to be an entity owned or controlled by, or
othenrise connected to, the government of a covered foreign country.
g, The Subrecipient must pass through equipment and supply management raquirements
that meet or exceed the requirements outlined above to any non-federal entity to which
the Subrecipient makes a subaward under this Agreement.
5. ENVIRONMENTALAND HISTORICAL PRESERVATIONa. The Subrecipient shall ensure full compliance with the DHS/FEMA Environmental
Planning and Historic Preservation (EHP) program. EHP program information can be
found at https://vrrww,fema.gov/granlslquidance-tools/environmental-historic all of which
are incorporated in and made a part of this Agreement,
b. Projects that have historical impacts or the potential to impact the environment, including,
but not limited to, construction of communication towers; modiflcation or renovation of
exisling buildings, structures and facilitiesl or neur construction including replacement of
facilities, must pafiicipate in the DHS/FEMA EHP review process piior to initiation.
Modification of existing buildings, including minimally invasive improvements such as
attaching monitors to interior walls, and training or exercises occurring outside in areas
not considered previously disturbed, also require a DHS/FEMA EHP review before project
initiation.
c. The EHP review process involves the submission of a detailed project description that
includes the entire scope of work, including any alternatives that may be under
DHS-FEMA'EMPG-ARPA-FY21 Page 7 of 34 Kittitas County Sheriffs Oltice EM, EZZ-%A
consideration, along with supporting documentation so FEMA may determine whetherthe
proposed project has the potential to impact environmental resources and/or historic
properties.
d, The Subrecipient agrees that to receive any federal preparedness funding, all EHP
compliance requirements outlined in applicable guidance must be met. The EHP review
process must be completed and FEMA approval received by the Subrecipient before
any work is started for which reimbursement will be later requested. Expenditures for
projects started before completion of the EHP review proc€ss and receipt of approval by
the Subrecipient will not be reimbursed.
6. PROCUREMENTa. The Subrecipient shall comply with all procurement requirements of 2 CFR Part 200.317
through 20A327 and as specified in the General Terms and Conditions (Attachment B,
A.10).
b. For allsole 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-federal entity to 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 monitorthe activities of the Subrecipienl from award to closeout. The
goal of the Department's monitoring adivities will be to ensure that agencies receiving
federal pas+through funds are in compliance with this Agreement, federal and state audit
requirements, federal grant guidance, and applicable federal and state financial
regulations, as well as 2 CFR Part 200 Subpart F.
b. To document compliance with 2 CFR Part 200 Subpart F requirements, the Subrecipient
shall complete and return to the Department an Audit CertificationlFFATA form, This form
is required to be completed once per calendar year, per Subrecipient, and not per
agreement. The Department's Contrac'ts ffice will request the Subrecipient submit an
updated form at the beginning of each calendar year in which lhe Subrecipient has an
active agreement.
c. Monitoring activities may include, but are nol limited to:
i. Review of financial and performance reports
ii. Monitoring and documenting the completion of Agreement deliverables
iii. Documentation of phone calls, meetings (e.g. agendas, sign-in sheets, meeting
minutes), emails and conespondence
iv. Review of reimbursement requests and supporling documentation to ensure
allowability and consistency with Agreement work plan, budget, and federal
requirements
v. Obseruation and documentation of Agreement retated activities, such as
exercises, traini ng, events, and equipment demonstrations
vi. On-site visits to review equipment records and inventories, to veriff source
documentation for reimbursement requests and performance reports, and to veriff
completion of deliverables.
d. The Subrecipient is required to meet or exceed the monitoring activities, as outlined
above, for any non-federal enti$ to which the Subrecipient makes a subaward as a pass-
through entity under this Agreement.
e. Compliancewill be monitored throughoutthe performance period to assess risk. Concerns
willbe addressed through a Corrective Action Plan.
DHS-FEMA-EMPG-ARPA-FY21 Page E of 34 Kittitas County Sheriffs Offtce EM, E22-264
8.LTMITED ENGLTSH pROFtctENCy (ClVtL RtcHTS ACT OF 1964 TTTLE Vt)a. The Subrecipient must comply with the Title Vl of the Civil Rights Act of 1964 (Titte Vt)
prohibition against discrimination on the basis of national origin, which requires that
Subrecipients of federal financial assistance take reasonable steps to provide meaningful
access to persons with limited English proficiency (LEP) to their programs and services.
Providing meaningful access for persons with LEP may entail providing language
assistance services, including oral interpretation and written translation. Executive Order
13166, lmproving Access to Services for Persons with Limited English Proficiency (August
11, 2000), requires federal agencies to issue guidance to recipients, assisting such
organizations and entities in understanding their language access obligations. DHS
published the required recipient guidance in April 2011, DHS Guidance to Federal
Financial Assistance Recipients Regarding Title Vl Prohibition Against National Origin
Discrimination Affecting Limited Engtish Proficient Persons, 76 Fed. Reg. 21755-21768,
(April 18, 2011). The Guidance provides helpful information such as how a recipient can
determine the extent of its obligation to provide language services, selecting language
services, and elements of an effective plan on language assistance for LEP persons. For
additional assistance and information regarding language access obligations, please referto the DHS Recipient Guidance at httos://wwy{..dhs.qov/-ouidance.oublishgd-helo-
deoartment-suoported-otg-enizations-orovide-meaninoful-acge$s-peoole-limited anA
addition a I reso urces on https : //www. lep. g ov,
NIMS COi'PLIANCEa. The National lncident Management System (NIMS) identifies concepts and principles that
answer how to manage emergencies from preparedness to recovery regardless of their
cause, size, location, or complexity. NIMS provides a consistent, nationwide approach and
vocabulary for multiple agencies or jurisdictions to work together to build, sustain, and
deliver the core capabilities needed to achieve a secure and resilient nation.
b. Consistent implementation of NIMS provides a solid foundation across jurisdictions and
disciplines to ensure effective and integrated preparedness, planning, and response.
NIMS empowers the components of the National Preparedness System, a requirement of
Presidential Policy Directive 8, to guide activities within the public and private sector and
describes the planning, organizational activities, equipping, training, and exercising
needed to build and sustain the core capabilities in support of the National Preparedness
Goal.
c, ln order to receive FY 2021 federal preparedness funding, to include EMPG, the
Subrecipient will ensure all NIMS objectives have been initiated and/or are in progresstoward completion. NIMS lmplementation Objectives are located at
h$ps;//lvww.fema.qov/sites/defaulUfiles/202Q-07lfema nims implementatign-obiectives-
20180530.pdf.
EMPG PROGRAM SPECIFIC REQUIREMENTS
The Department receives EMPG funding from DHS/FEMA, to assist state, local, and tribal governments
to enhance and sustain all-hazards emergency management capabilities as authorized by Robert T.
Stafford Disaster Relief and Emergency Assistance Act, as amended (42 U.S.C. SS 5121 et seq.) and
Section 662 of the Post Katrina Emergency Management Act (6 U.S,C. S 262).
A portion of the 21EMPG-ARPA is passed through to local jurisdictions and tribes with emergency
management programs to supplement their localltribal operating budgets to help sustain and enhance
emergency management capabilities pursuant to Washinglon 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 approved 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,
o
B.
DHS-FEMA-EMPG.ARPA-FY2 1 Page 9 of 34 Kittitas County Sheriffs Oflice EM, E22-264
c.The $ubrecipient shall provide a ftfty percent cash match of non-federal origin. The Federal share
applied toward the EMPG budget shall not exceed fifty percent of the total budget as submitted
and approved in the application and documented in the Budget (Attachment F). To meet matching
requirements, the Subrecipient's cash matching contributions must be verifiable, reasonablg
allowable, allocable, and necessary under the grant program and must comply with all Federal
reguirements 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 final report,
the Subrecipient shall identify how the match was met and documented.
Subrecipients shallparticipate in the State's annual lntegrated Preparedness Planning Workshop
(lPP\44. Non-participation may result in withholding of funding under future grant years.
lf funding is allocaled to non-DHS FEMA training, the Subrecipient must request prior approval
from the Department Key Personnel before attending the training. The Department witl coordinate
approval with the State Training Poinl of Contact. . lf funding is allocated to non-DHS FEMA
training, the Subrecipient must request prior approval from the Department Key Personnel prior
to attending hainlng. The Department will coordinate approval with the State Training Point of
Contact. Pursuant to DHS/FEMA Grant Programs Directorate lnformation Bulletin No. 432,
Review and Approval Requirements forTraining Courses Funded Through Preparedness Grants,
httos://www.fema. gov/sitqg/defaulUfi les/2020-
O4/Traininq Course Review and Applroval lE Final 7-19-18.pdf, the training must fall within
the FEMA mission scope and be included in the Subrecipient's Emergency Operations Plan. This
requirement only applies to training courses and does not include attendance at conferences.
Furthermore, additional federal approvals are required for courses that relate to Countering
Violent Extremism prior to attendance.
All personnel funded in any part through federal award or matching funds under this Agreement
shall complete and record proof of completion of:
NIMS training requirements outlined in the NIMS Training Program located at
hltp.-s:./Ewvw.fema.gov/odf/emergencv/nifrs/njlF hainino oroqram.pdf (to include ICS-
100, ICS-200, lS-700, and lS-800 for most personnel) and
Eilher (1) the FEMA Professional Development Series lS-120, lS-230, lS-235, lS-240, lS-
241,lS-242, and lS-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 Subrecipient of 21EMPG-ARPA funding, the Subrecipient shall comply with all applicabte DHS terms
and conditions of the 21EMPG-ARPA Award Letter and its incorporated documents for DHS Grant No.
EMS-2021-EP-00008-S01, which are incorporated and made a part of this Agreement as Aftachment C.
d.
e.
f
c.
D H S-F EMA-EM PG.AR PA.FY2 1 Page 10 of 34 Kfiitas County Sheritfs Office EM, E22-284
A.1
4.2
A.4
Attachment B
Washington State Military Department
GENERAL TERMS AND CONDITIONS
Department of Homeland Security (DHS/
Federal Emergency Management Agency (FEMA)
Grants
DEFINITIONS
As used throughout this Agreement, the terms will have the same meaning as defined in 2 CFR 200
Subpart A (which is incorporated herein by reference), except as otherwise Jet torttr below:
a. "Agreement" means this Grant Agreement.
b. "Departnent' means the Washington State Military Department, as a state agency, any division,
section, office, unit or other entity of the Deparlment, or any of the officers or other officials lawfully
representing that Department. The Department is a recipient of a federal award directly from i
federal awarding agency and is the pass-through entity making a subaward to a Subiecipient
under this Agreement,
c. "lnvestment" means thegrant application submitted by the Subrecipient describing the project(s)
for which federal funding is sought and provided under this this Agreement. Such gEnt applacatiin
is hereby incorporated into this Agreement by reference.
d. "Monltorlng 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 (SFR)" The SPR is an annual three-step self-assessment
of a community's capability levels based on the capability targets identified in the THIRA.
f. "Subreclpienf when capitalized is primarily used throughout this Agreement in reference to the
non-federal entity identified on the Face Sheet of this Agreement that has received a subaward
from the Department. However, the definition of 'subrecipient' is the same as in 2 CFR 200.1 for
all other purposes.
g. "Threat and Hazard ldentification and Risk Assessment (THlRAf The THIRA is a three-step
risk assessment. The THIRA helps communities understand their risks and determine the level df
capabili$ they need in order to address those risks. The outputs from this process lay the
fioundation for determining a community's capability gaps dudng the SPR process.
ADVANCE PAYMENTS.PROHI BITED
The Department shallmake no payments in advance or in anticipation of goods or services to be provided
underthis Agreement. Subrecipient shall not invoice the Department in adrrance of delivery and invoicing
of such goods or services.
AMENDMENTS AND MODIFICATIONS
The Subrecipient or the Department may request, in writing, an amendment or modification of this
Agreement. However, such amendment or modification shall not be binding, take effect or be
incorporated herein until made in writing and signed by the authorized representatives of the Department
and the Subrecipient. No other understandings or agreements, wrilten or oral, shall be binding on the
parties.
The Agreement performance period shall only be extended by (1) written notification of DHS/FEMA
approval of theAward performance period, followed up with a mutually agreed written amendment, or (21
written notification from the Department to the Subrecipient to provide additional time for completion-oi
the Subrecipient's project(s).
9=EO. AND lT$ IMPLEMENTING REGULATPNq,ALSO REFERRED To AW
35.
The Subrecipient must comply with the ADA, which provides comprehensive civil rights protection to
individuals with disabilities in the areas of employment, public accommodations, staie and local
government services, and telecommunication.
A.3
D HS-FEMA-EM PG-ARPA- FY2 1 Page 11 of34 Kitttras County Sheriffs Otrice EM. E22-264
A.5 ASSURANCES
The Department and Subrecipient agree that all activity pursuant to this Agreement will be in accordance
with all the applicable current federal, state and local laws, rules and regulations.
A.6 .CERTIFICATION REGARDING DEBARMENT. SUSPENSION. OR INELIGIBILITY
As federal funds are a basis for this Agreement, the Subrecipient certifies that the Subrecipient is not
presently delarred, suspended, proposed for debarment, declared ineligible, or voluntarily exiluded fromparticipating in this Agreement by any federal department or agency.
The Subrecipient shall complete, sign, and return a Certification Regarding Debarment, Suspension
lneligibiltty, and Voluntary Exclusion form located at httos://mil.wa.oov/reouiregqrantforms. Any such form
completed by the Subrecipient forthis Agreement shall be incorporated into ttiis Rgreernent 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 Subrelipient certifies thatltwill ensurethat potential conlractors or subrecipients or any of their principals aie not debarred, suspended,proposed for debarment, declared ineligible, or voluntarily excluded from participation in "covered
transactions" by any federal department or agency. "Covered transactions' include procurement
contracts for goods or services awarded under a non-procurement transaction (e,g. grant oi cooperative
agreement) that are expected to equal or exceed $25,000, and subawards to Subrecipients for any
amount. Wth respect to covered transactions, the Subrecipient may comply with thid provision by
obtaining a certification statement from the potential contractor or subrecipient oi by checkin! the Systerir
for Award Management (h$ps://sam.qov/SAM/) maintained by the federai government. The-subreiipient
also agrees not to enter into any arrangements or contracts with any pirty on the Washington StateDepartment of Labor and lndustries' "Debarred- Contractoi List'ftttps:ttSecure.tni.wa. . The Subrecipient also agrees not
to enter into any agreements or contracts for the purchase of goods and services with any party on the
Department of Enterprise services' Debaned vendor List ft$ps:ttvvnrur.oes.wa.qp*purch as i!'rgldoinq - busi ness-statelvend gf-d ebarment).
4.7 9.ERT|FICAT|ON REGARD|I,|G RESTRTCTTONS ON LOB-BY|NG
As reguired by 44 CFR Part 18, the Subrecipient hereby certifies that to the best of its knowledge and
belief: (1) no federally appropriated funds have been paid or will be paid by or on behalt-ot ttre
Subrecipient tg any person for influencing or attempting to influence an officer or employee of an agency,
a Member of Congress, an officer or employee of Congress, or an employee of a Member of Coigress
in connection with the awarding of any federal contract, the making of any federal grant, the maki-ng of
any federal loan, the entering into of any cooperative agreement, and- the exteision, continuaiion,
renewal, amendment, or modilication of any federal contract, grant, loan, or cooperative agreement; (2i
that if any funds other than federal appropriated funds have been paid or wiil bd paid to aiy person ioi
influencing or attempting to influence an officer or employee of any agency, a Member of Cbngress, an
officer or employee of Congress, or an employee of a Member of Conlress in connection-with this
fgreement, glanl, loan, or cooperative agreement, the Subrecipient will complete and submit Standard
Form-LLL, "Disclosure Form to Repoft Lobbying," in accordance with its instructions; (3) and that, as
applicable, lhe Subrecipient will require that the language of this certification be includici in the award
documents for all subawards at alltiers (including subcontracts, subgrants, and contracts under grants,
loans, and cooperativeagreements) and that all Subrecipients shall certiffand disclose accordingf, This
certification is a material representation of fact upon which reliance was piaced when this transact-ion was
made or entered into and is a prerequisite for making or entering into this transaction imposed by section'1352, title 31, U.S. Gode.
4.8 COMPLIANCE W|TH APPLICABLE STATUTE-$.-BULES AND pEpARTMENT pOLlCreS
The Subrecipient and all its contractors and subrecipients shall comply witn, anO ttre Oepartment 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 Poticy and Conservation Act (pL 94-163, as amended),
the Americans with Disabilities Act (ADA), Age Discrimination Act of 1975, TitG V of the Civit Rights Act
of 1964, Civil Rights Act of 1968, the Robert T. Stafford Disaster Relief and Emergenry Assistaice Act,
(PL 93-288, as amended), Ethics in Public Service (RCW 42.52), Covenant Against Contingent Fees (48
CFR Section _52.203-5), Public Records Act (RCW 42.56), Prevailing Wagel on Public -Worfs GiW39.12), State EnvironmentalPolicyAct (RCW43.21C), Shoretine Managemehtnct of 1971(RCWgb.sS),
DHS-FEMA-EMPG-ARPA-FY21 Page '12 ol !4 Kitlilas County ShEriffs Offce EM. EZZ-264
State Building Code (RCW 19.27), Energy Related Building Standards (RCW 1g.2ZA), provisions in
Buildings for Aged and Handicapped Persons (RCW 7A.92), and safety and health regulations.
ln the event of noncompliance or refusalto comply with any applicable law, regulation, executive order,
OMB Circular or policy bythe Subrecipient, its contractors or subrecipients, thebepartment may rescind,
cancel, or terminate the Agreement in whole or in part in its sole discretion. The Subrecipient is
responsible for all costs or liability arising from its failure, and that of its contraclors and subrecipients, to
comply with applicable laws, regulations, executive orders, OMB Circulars or policies.
A,9 CONFLICT OF INTEREST
No officer or employee of lhe Department; no member, officer, or employee of the Subrecipient or its
designees or agents; no member of the- governing body of the jurisdittion in which the project is
undertaken or located; and no other official of the Subrecipieni who exercises any functdns or
responsibilities with respect to the project during his or her tenure, shall have any personil or pecuniary
gain or interest, direct or indirect, in any contract, subcontract, or the proceeds-thereof, for work to beperformed in connection with the proiect assisted under this Agreemeni.
The Subrecipient shall incorporate, or cause to incorporate, in all such contrac{s or subawads, aprovision prohibiting such interest pursuant to this provision.
A.10 CONTRACTING & PROCUREMENTa. The Subrecipient shall use a competitive procurement process in the procurement and award ofany contracts with contractors or subcontractors that are entered into under the original
agreement award. The procurement process followed shall be in accordance with 2 CFR Fart
2OO.317 General procuremenl standards through 20O.327 Contract provisions.
As required by Appendix ll to 2 CFR Part 200, all contracts entered into by the Subrecipient under
this Agreement must include the following provisions, as applicable:
1) Contracts for more than the simplified acquisition threshold currently set at 9250,000, which
is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and
the Defense Acquisition Regulations Council (Councils) as authoiized by 41 U.S.C. 1909,
must address administrative, contractual, or legal remedies in instances where contractors
violate or breach contract terms, and provide for such sanctions and penalties as appropriate.2) All contrac'ls in excess of $10,000 must address termination for cause and for convenience
by the non-federal enlity including the manner by which it will be effected and the basis for
settlement.
3) Equal Employment Opportunity. Except as othenrise provided under 41 CFR part 60, all
contracts that meet the definition of "federally assisted construction contract" in 41 CFR part
6G1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in
accordance with Executive Order 11246, "Equal Employment Qppoftunitf' (30 FR liZilg,
12935,3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive'Order 1lgt1,
"Amending Executive Order 11246 Retating to Equal Emptoyment Oppoftunity," and
implementing regulations at 4J CFR part 60, "Offbe of Fediral Conti-dct CompliancePrq rams, Eq u al Employme nt Opportun ity, Depaftment of Labor."4) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). Wren required by Federal prograrn
legislation, all prime construdion contracts in excess of $2,000 awarded by non-feleral
entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 9141-
3144, and 3146-3148) as supplemented by Departmenl of Labor regulations (29 CFR part
5, "Labor Sfandards Provisions Applicable to Contracts Covering Federalty Financed and
Assisfed Construclion"). ln accordance with the statute, contrac{ois must be required to pay
wages to laborers and mechanics at a rate not less than the prevailing wages s'pecified in i
wage determination made by the Secretary of Labor. ln addition,- coniractors must be
requhed to pay wages not less than once a week. The non-federalentity must place a copy
of lhe current prevailing wage determination issued by the Departmeht of Libor in each
solicitation. The decision to award a contract or subcontraa muit 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 ctntraAs must also include aprovision for compliane with the Copeland "Anti-Kickback" Act (40 U.S.C. 3145), as
supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and
DHS-FEMA-EMPG-ARPA-FY21 Page 13 of 34 Kittitas County Sheriffs Offioe EM, E22-264
3iff T,H#?[:",]il1'tT#l{:+#ftlJtff::ilti:::i[ffiH#t:;HI,,::?H":i
be prohibited from inducing, by any means, any person employed in the construction,
completion, or repair of public work, to give up any part of the compensation to which he or
she is otherwise entitled. The non-federal entity must report all suspected or reported
violations to the federalawarding agency.
5) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Wrere appticable,
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 ol the Act, each contractor must be required to compute the wages of every
mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess o1
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
reguirements do not apply to the purchases of supplies or materials or articles ordinarily
availabb on the open market, or contracts for transportation or transmission of intelligence.
6) Rights to lnventions Made Under a Gontract or Agreement. lf the federal award meets the
definition of "funding agreemenf' under 37 CFR 5401.2 (a) and the recipient or Subrecipient
wishes to enter into a contract with a small business firm or nonprofit organization regarding
the substitution of parties, assignment or performance of experimental, developmental, oi
research work under that 'Tunding agreement," the recipient or Subrecipient must comply
with the requirements of 37 CFR Part 401, "Rlghfs to lnventions Made by Nonprofit
Organizations and Small Business Fr'rms llnder Govemment Grants, Contracts' and
Cooperative Agreements,'and any implementing regulations issued by the awarding agency.7) Clgal Air {ct (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (93
U.S.C. 1251-1387), as amended-Contracts and subgrants of amounts in excess of
$150,000 must contain a provision that requires the non-federal award to agree to comply
with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42
U.S.C. 7401-7671q) and the Federal Water Pollution ControlAcl as amended (33 U.S.C.
1251-1387). Violations must be reported to the federal awarding agency and the Regional
Ofiice of the Environmental Protection Agency (EpA).
8) Dglarmenl and Suspension (Executive Orders 12549 and 12689)-A contract award (see 2
CFR 180.220) must not be made to parties listed on the government-wide exclusions in the
System forAward Management(SAM), in accordancewith the OMB guidelines at2 CFR 180
that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR
part 1989 Comp., p. 235), "Debarmenf and Suspension." SAM Exclusions contains the
names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties
declared ineligible under statutory or regulatory authority other than Executive Order 12549.
9) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)-Contractors that apply or bid for an award
exceeding $100,000 must file the required certification. Each tier certifies to the tier above
that it will not and has not used federal appropriated funds to pay any person or organization
for influencing or attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Gongress, or an employee of a member of Congress in
connection with obtaining any federal contract, grant or any olher award covered by 31
U.S.C. 1352. Each tier must also disclose any lobbying with non-federal funds that takes
place in connection with obtaining any federal award. Such disclosures are forwarded from
tier to tier up to the non-federal award.
10) Procurement of recovered materials -- As required by 2 CFR 200.323, a non-federal entity
that is a state agency or agency of a political subdivision of a state and its contractors muit
comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource
Conseruation and Recovery Act. The requirements of Section 6002 include procuring only
items designated in guidelines of the Environmental Protection Agency (EPA) ata0 CFR part
DHS-FEMA-EMPG'ARPA-FY21 Page 14 of 34 Kittitas County Sheriffs Office EM, E22-264
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 for
procurement of recovered materials identified in the EPA guidelines.
11) Notice of federal awarding agency requirements and regulations pertaining to reporting.
12) Federal awarding agency requirements and regulations pertaining to copyrights and rights in
data.
13) Access by the Department, the Subrecipient, the federal awarding agency, the Comptroller
General of the United States, or any of their duly authorized representatives to any books,
documents, papers, and records of the contractor which are directly pertinent to thaf specific
contract for the purpose of making audit, examination, excerpts, and transcriptions.
14) Retention of all required records for six (6) years afier the Subrecipient has made final
payments and all other pending matters are closed.
15) Mandatory standards and policies relating to energy efficiency which are contained in the
state energy conservation plan issued in compliance with the Energy Policy and
Conseruation Act (Pub. L. 94-163, 89 Stat. 871).
16) Pursuant to Executive Order 13858 "strengthening Buy-Ameican Preferences for
lnfrastructure Proiects," and as appropriate and to the extent consistent with law, the non-
Federal entity should, to the greatest extent practicable under a Federal award, provide a
preference for the purchase, acquisition, or use of goods, products, or materials produced in
the United States, as required in 2 CFR Part 200.322, in every contract, subcontract,
purchase order, or sub-award that is chargeable against federal financial assistance awards,
17) Per 2 C.F.R. S 200.216, prohibitions regarding certain lelecommunications and video
surveillance services or equipment is mandated by section 889 of the John S. McCain
National Defense Authoization Act for Fiscal Year 2019 (FY 2019 NDAA), Pub, L. No. i1t
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 documents into
compliance with the requirements of 2 CFR Part 200.317 through 200.327. 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 proj€ct and to allow both the
Subrecipient and Department to make a determination on eligibility otproject cosls.
c. All contracling agreements entered into pursuant to this Agreement shall incorporate this
Agreement by reference.
DI,SCLOSURE
The use or disclosure by any party of any information concerning the Department for any purpose not
directly connected with the administration of the Departments or ihe Subreciplent's respo-ndinitities with
respect to services provided under this Agreement is prohibited except by prior written consent of the
Department or as required to comply with the state Public Records Act, other law or court order.
DISPUTES
Except as othenrise provided in this Agreemenl, when a bona fide dispute arises between the parties
and it cannot be resolved through discussion and negotiation, either party may request a dispute
resolution panelto resolve the dispute. A request for a dispute resolution board shall be in writing, state
the disputed issues, state the relative positions of the parties, and be sent to all parties, The panelshall
consistof a representative appointed by the Department, a representative appointed by the Subrecipient
and a third party mutually agreed upon by both parties. The panel shall, by majorityvote, resolve the
dispute. Each party shall bear the cost for its panel member and its attomey feeb anO costs and share
equally the cost of the third panel member.
A.11
4.12
DHS.FEMA-EM PG-ARPAFY2 1 Page 15 of 34 Kittitas County Sheriffs Oflice EM, E22-264
A.13 LEGAL RELAT.IONS
It is understood and agreed that this Agreement is solely for the benefit of the parties to the Agreement
and gives no right to any other party. No joint venture or partnership is formed as a result of this
Agreement.
To the extent allowed by law, the Subrecipient, its successors or assigns, will protec{, save and hold
harmless the Department, the state of Washington, and the United States Government and their
authorized agents and employees, from all claims, actions, costs, damages or expenses of any nature
whatsoever by reason of lhe acts or cimissions of the Subrecipient, its subcontractors, subrecipients,
assigns, agents, contractors, consultants, licensees, invitees, employees or any person whomsoever
arising out of or in connection with any acts or activities authorized by this Agreement.
To the extent allowed by law, the Subrecipient further agrees to defend the Department and the state of
Washington and their authorized agents and employees in any litigation; including payment of any costs
or attorneys' fees for any claims or action commenced thereon arising out of or in connection with acts
or activities authodzed by this Agreement.
This obligation shall not include such claims, costs, damages or expenses which may be caused by the
sole negligence of the Department; provided, that if the claims or damages are caus6d by or resultirom
the concurrent negligence of (1) the Department, and (2) the Subrecipient, its agents, or employees, this
indemnity provision shall be valid and enforceable only to the extent of the neglig-ence of the Subiecipient,
or the Subrecipient's agents or employees.
lnsofar as the funding source, FEMA is an agency of the Federal government, the following shall apply:
44 CFR 206.9 Non-liability. The Federal government shall not be liable for any claim based upon the
exercise or performance of, or the failure to exercise or perform a discretionary funclion or du$ on the
partof a federal agency or an employee of the Federal government in carrying out the provisions of the
Stafford Act.
4.14
The signatories to this Agreement represent they have the authorig to bind their respective
organizations to this Agreement. Only the Department's Authorized Signature representative and the
Authorized $ignature representative of the Subrecipient or Alternate for the Subrecipient, formally
designated in writing, shall have the express, implied,or apparent authorig to alter, amend, modiff, or
waive any clause or condition of this Agreement. Any alteration, amendment, modification, or waiver of
any clause or condition of this Agreement is not effective or binding unless made in writing and signed
by both parties' Authorized Signature representatives, except as provided for time extensions in Article
A.3.
Further, only the Authorized Signature representative or Alternate for the Subrecipient shall have
signature authority to sign reimbursement requests, time extension requests, amendment and
modification requests, requests for changes to projects or work plans, and other requests, certifications
and documents authorized by or required under this Agreement.
A.15 LOSS OR REDUCTION OF FUNDING
ln the event funding from slate, federal, or other $ources is withdrawn, reduced, or limited in any way
after the effective date of this Agreement and prior to normal completion or end date, the Departrnent
may unilaterally reduce the work plan and budget or unilaterally terminate all or part of the Agreement as
a "Termination for Cause" without providing the $ubrecipient an opportunity to cure. Altematively, the
parties may renegotiate the terms of this Agreement under "Amendments and Modifications" to comply
with new funding limitations and conditions, although the Department has no obligation to do so.
4.16 NONASSIGNABILIW
Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by
the Subrecipient.
4.17 NONDISCRIMINATION
The Subrecipient shall comply with allappticable federal and state non-discrimination laws, regulations,
and policies. No person shall, on the grounds of age, race, creed, color, sex, sexual orientation, religion,
national origin, marital status, honorably discharged veteran or military status, or disability (physical,
mental, or sensory) be denied the benefits of, or othenrvise be subjected to discrimination under any
project, program, or activity, funded, in whole or in part, under this Agreement.
DHS-FEMA-EMPG-ARPA"FY2'I Page 16 ol34 Kittitas Gounty Sheriffs Office EM, EZ2-264
A.18 NOTICES
The Subrecipientshall comply with all public notices or notices to individuals required by applicable local,
state and federal laws and regulations and shall maintain a record of this compliance
A.1e 9CF]-JPAflo.NiL SAFETY/HEALTH AcT and WASHINGToN INDUSTnInL SnFrylHenllr ncr(OSHA^/VISHA)
The Subrecipient represents and warrants that its workplace does now or will meel all applicable federal
and state safety and health regulations that are in effect during the Subrecipient's perforrirlnce 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 absessedlgainst the Departm-ent, as a
result of the failure of the Subrecipient to so comply.
A.2O gVlAlERSHtp OF PROJECT/CAP|TAL FAC|LtTtES
The Department makes no claim to any capitalfacilities or real property improved or constructed with
funds under this Agreement, and by this subaward of funds does not-anci will'not acquire any ownership
interest or title to such property of the Subrecipient. The Subrecipient shall assume all ff;bilities 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 governmeni harmless from any and all
causes of action arising from ihe ownership and operation of the project.
4.21 POLtTtCALACT|V|T[
No portion of -the funds provided herein shall be used for any partisan political activity or to further the
election or defeat of any cqndidate for public office or influence ihe approval or defeat oi any ballot issue.
4.22 p,nOmPrnox ncrulrs
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 apptication for such assistance or any other approval or
concunence under this Agreement provided, however, that reasonabte fees or bona fide iechnical
consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if
otherurise eligible as project costs.
4.23 PUBL|C|TY
The Subrecipient agrees to submit to the Department prior to issuance all advertising and publicity
matters relating to this Agreement wherein the Department's name is mentioned, or language used from
which the connection of the Department's name may, in the Department's judgment, Ue 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 w6rk it develops in the
course of or under this Agreement; however, pursuant to 2 CFR Part 200.31S, FEMA reserues d royalty-
free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize
others to use the work for government purposes.
Publication resulting from work performed under this Agreement shall include an acknowledgement of
FEMA's financial support, by the Assistance Listings Number (formerly CFDA Number), and a itatement
that the publication does not constitute an endorsement by FEMA or reflect FEMA's views.
4.24 RECAPTUREPROVTSTON
In the event the Subrecipient fails to expend funds under this Agreement in accordance with applicab6
federal, state, and local laws, regulations, and/or the provisions of the Agreement, the Depbrtment
reserves the right to recapturefunds in an amount equivalent to the extent of noncomplianoe. Such right
of recapture shall exist for the life of the project following Agreement termination. Repayment by the
Subrecipient of funds under this recapture provision shall bccur within 30 days of OemahO. ln the iventthe Department is required to institute legal proceedings to enforce thd recapture provision, the
Depafiment shall be entitled to its costs and expenses thereof, including attorney iees from the
Subrecipient.
4.25 RECORDSa. The Subrecipient agrees to maintain all books, records, documents, rec€ipts, invoices and all
other electronic or written records ne@ssary to sufficiently and properly reflect the Subrecipient's
contracts, subawards, grant administration, and payments, including all direcl and indirect
charges, and expenditures in the performance of this Agreement (the "records').
DHS-FEMA-EMPG-ARPA-FY21 page 17 of 34 Kittiras County Sheriffs Office EM, E2Z_264
4.26
4.27
A.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 Auditor, DHS, FEMA or
their designees, by the Comptroller General of the United States or its designees, or by other
state or federal officials authorized by law, for the purposes of determining compliance by the
Subrecipient with the terms of this Agreement and to determine the appropriate level of funding
to be paid under the Agreement,
c. The records shall be made available by the Subrecipient for such inspection and audit, together
with suitable space for such purpose, at any and all times during the Subrecipient's normal
wo*ing day.
d. The Subrecipient shall retain and allow access to all records related to this Agreement and the
funded project(s) for a period of at least six (6) years following final payment and closure of the
grant under this Agreement. Despite lhe minimum federal retention requirement of three (3) years,
the more stringent state requirement of six (6) years must be followed,
RESPONS|BIL|TY FOR PROJECT/STATEMENT OF WOR]fi/VOBK PLAN
Whil" the Department undertakes to assist the Subrecipient with the projecUstatement of worUwork plan
(proiect) by providing federal award funds pursuant to this Agreement, the project itself remains the sole
responsibility of the Subrecipient. The Department undertakes no responsibility to the Subrecipient, or to
any third party, other than as is expressly set out in this Agreement.
The responsibility for the design, development, construclion, implementation, operation and maintenance
of the project, as these phrases are applicable to this proiect, 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 compliancewith
the National Environmental Policy Act, the National Historic Preservation Act, the Endangeied Species
Act, and allother environmental laws, regulations, and executive orders.
The Subrecipient shalldefend, at its own cost, any and allclaims or suits at law or in equlty, which may
be brought against lhe 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 employees or agents, for any
performance, assistance, or any payment or indemnity, including, but not limited to, cost of defense
and/or attorneys'fees, in connection with any claim or lawsuit brought by any third party related to any
design, development, construction, implementation, operation and/or maintenance of a project.
SEVERABILITY
lf any court of rightfuljurisdiction holds any provision or condition under this Agreement or its application
to any person or circumstances invalid, this invalidity does not affect other provisions, tenns 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.
SINGLE.AUDIT ACT REQUIREMENTS (inctuding ail AMENDMFNTS)
The Subrecipient shallcomply with and include the following audit requirements in any subawards.
Non-federalentities, as Subrecipients of a federal award, that expend $250,000 or more in one fiscal
year of federal funds from all sources, direct and indirect, are required to have a single or a program-
specific audit conducted in accordance with 2 CFR Part 200 Subpart F, Non-federal entities that Jpend
less than $750,000 a ygar in federal awards are exempt from federal audit requirements for that year,
except as noled in 2 CFR Part 200 Subpart F. As defined in 2 CFR Part 200, theterm'non-federalentity"
means a state, local government, lndian tribe, institution of higher education, or nonprofit organizafion
that canies out a federal award as a recipient or subrecipient.
Subrecipients lhat are required to have an audit must ensure the audit is performed in accordance with
Qenelally Accepted Government Auditing Standards (GAGAS) as found in the Government Auditing
Standards (the Revised Yellow Book) developed by the United States ComptrollerGeneral and the OME
Compliance Supplement The Subrecipient has the responsibility of notising its auditor and requesting
an audit in compliance with 2 CFR Part 200 Subpart F, to include the Washington State Audito/i Office-,
a federal auditor, or a public accountant performing work using GAGAS, aJ appropriate. Costs of the
audit may be an allowable grant expenditure as authorized by 2 CFR Part 200.425.
'
DHS-FEMA-EMPG.ARPA-FY21 Page 18 of 34 l(ltitas County Shodffs Office EM, €29-e64
The Subrecipient shall maintain auditable records and accounts so as to facilitate the audit requirement
and shall ensure that any subcontractors also maintain auditabte records. The Subrecipient is responsible
for any audit exceptions incurred by its own organization or that of its subcontractors. Responses to any
unresolved management findings and disallowed or questioned costs shall be included with the audit
report. The Subrecipient must respond to Department requests for information or corrective action
concerning audit issues or findings within 30 days of the date of request. The Department reserves the
right to recover from the Subrecipient all disallowed costs resulting from the audit.
After the single audit has been completed, and if it includes any audit findings, the Subrecipient must
send a full copy of the audit and its Corrective Action Plan to the Department at the following address no
later than nine (9) months after lhe end of the Subrecipient's fiscal year(s):
Contracts Office
Washington Military Department
Finance Division, Buildlng #1 T A-20
Gamp Murray, WA 98430-5032
The Department retains the sole discretion to determine whether a valid claim for an exemption from the
audit reqi.rirements of this provision has been established,
Conducting a single or program-specific audit in compliance with 2 CFR Part 200 Subpart F is a material
requirement of this Agreement. ln the absence of a valid claim of exemption from the audit requirements
of 2 CFR Part 200 Subpart F, the Subrecipient's failure to comply with said audit requirements may result
in one or more of the following actions in the Department's sole discretion: a percentage of federal awards
being withheld until the audit is completed in accordance with 2 CFR Part 200 Subpart F; the withholding
or disallowing of overhead costs; lhe suspension of federal awards until the audit is conducted and
submitted; or termination of the federal award.
SUBRECIP|ENT NOT EM PLOYEE
The parties intend that an independent contractor relationship will be created by this Agreement. The
Subrecipient, and/or employees or agents performing under this Agreement are not employees or agents
of the Department in any manner whatsoever. The Subrecipient will not be presented as, nor claim to be,
an officer or employee of the Department by reason of this Agreement, nor will lhe Subrecipient make
any clairn, demand, or application to or for any right or privilege applicable to an officer or employee of
the Department or of the state of Washington by reason of this Agreement, including, but not limiied to,
Workmen's Compensation coverage, unemployment insurance beneftts, social securi$ benefits,
retirement membership or credit, or privilege or benefit which would accrue to a civil service employee
under Chapter41.06 RCW
It is understood that if the Subrecipient is another state department, state agency, state university, state
college, slate community college, state board, or state commission, that the offiCers and employees are
employed by the state of Washington in their own right and not by reason of this Agreement.
TAXES. FEES AND L|CEISSES
Unless otheruise provided in this Agreement, the Subrecipient shall be responsible for, pay and maintain
in cunent status alltaxes, unemployment contributions, fees, licenses, assessments, peimlt charges and
expenses of any other kind for the Subrecipient or its staff required by statute or regulation that are
applicable to Agreement performance,
TERM I NATION FOR CONVENIENCE.
Notwithstanding any provisions of this Agreement, the Subrecipient may terminate this Agreement by
providing written notic'e of such termination to the Department Key Personnel identified in the Agreemeni,
speciffing the effective date thereof, at least thirty (30) days prior to such date.
Except as othenpise provided in this Agreement, the Department, in its sole discrelion and in the best
interests of the state of Washington, may terminate this Agreement in whole or in partten (10) business
days after emailing notice. Upon notice of termination for convenience, the Department reserves the right
to suspend all or part of the Agreement, withhold further payments, or prohibit the Subrecipient from
incurring additional obligations of funds. ln the event of termination, the Subrecipient shall be libbb for all
damages as authorized by law. The rights and remedies of the Department provided for in this section
shall not be exclusive and are in addition to any other rights and remedies provided by law.
4.29
4.30
4.31
DHS.F EMA-EM PG.ARPA.FY2 1 Page 19 ol 34 Kittitas County Sheriffs Office EM, e22-264
4.32
4.33
A.34
TFRTilNAT|ON OR SUS
The Department may unilaterally terminate or suspend all or part of this Grant Agreement, or may reduce
its scope of work and budget, if there is a reduction in funds by the source of-those funds, and if such
funds are the basis. for this Grant Agreement, The Departm6nt will email the Subrecipient ten (10)
business days prior to termination.
!l tnS event the Department, in its sole discretion, determines the Subrecipient has failed to fulfill in a
timely and proper manner its obligations under this Agreement, is in an unsound financial condition soas.to endanger performance hereunder, is in violation of any laws or regulations that render theSubrecipient unable to perform any aspec{ of the Agreement,
-or
has violat6O any of the covenants,
agreements or stipulations of this Agreement, the Department has the right to imm-ediately suspend oi
terminate this Agreement in whole or in parl.
The Department may. notiff the S_ubre_cipienl in writing of the need to take corrective ac{ion 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 aitbweO for
cure shall not diminish or eliminate the Subrecipient's liabilityfor damages or otherwis'e affect any other
remedies available to the Department. lf the Department allows the Subrecipient an opportunity to cure,the Department shall notiff the Subrecipient in writing of the need to tare correitive acti6n. ff the
conective action is not ta.ken.within ten (10) calendar days or as otherwise specified by the Department,or if such corrective action is deemed by the Department to be insufficient, the ngreemeni may Ue
terminated in whole or in part.
The Department reserveg the right to suspend all or part of the Agreement, withhold further payments,or prohibit the Subrecipient from incurring additional obligations of funds during investigaiion of the
alleged compliance breach, pending corrective action by the Subrecipient, if allowed, 6r pending a
decision by the Department to terrninate the Agreement in-whole or in pirt.
ln the event of termination, the Subrecipient shall be liable for all damages as authorized by law, including,
but not limited to, any cost difference between the original Agreement and the replacement or covEiAgreement and all administrative costs directly related to the replacement Agreement, e,g,, cost of
administering the competitive solicitation process, mailing, advertising and othel associated staff time.
The rights and remedies of the Department provided for in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law.
lf it is determined that the Subrecipient: (1) was not in default or material breach, or (2) failure to perform
was outside of the Subrecipient's control, fault or negligence, the termination shall'be deemed to be a'Termination for Convenience".
TERM I NATTON PROCEqURES
ln ,addition to the procedures set forth below, if the Department terminates this Agreement, the
Subrecipient shall follow any procedures specified in the termination notice. Upon ternrination of this
Agreement and in addition to any olher rights provided in this Agreement, the Department may require
the_Subrecipient to deliver to the Department any property specifica1y produced or acquired toi ttreperformance of such part of this Agreement as has been terminated.
lf the termination is for convenience, the Department shall pay to the Subrecipient as an agreed uponprice, if separately stated,.for properly authorized and completed work and services renderi or goods
delivered to and accepted by the Department prior to the iffective date of Agreement terminatioi, the
amount agreed upon by the Subrecipient and the Department for (i) completed work and services and/or
equipment or supplies provided for which no separate price is stated, (ii) partially completed work and
services and/or equipment or supplies provided which are accepted by ilie Department, liii; other work,
services and/or equipment or supplies which are accepted by the Department, and (iv) the piotection andpreservation of property.
Failure to aglee with such amounts shall be a dispute within the meaning of the "Disputes,'clause of this
Agreement. lf the termination is for cause, the Department shall determine the extend of the liability of the
Depadment. 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 neceesary to protect the Department against potintial loss or liability.
DHS.FEMA.E MPG.ARPA-FY2 1 Page 20 ot 34 Kiftitas County Sheriffs Office EM, eZ2-264
The rights and remedies of the Depadment provided in this Agreement shall not be exclusive and are in
addition to any other rights and remedies provided by law.
After receipt of a nolice of termination, and except as otherwise directed by the Department in writing,
the Subrecipient shall:
a. Stop work under the Agreement on the date, and to the extent specified, in the notice;b. Place no further orders or contracts for materials, services, supplies, equipment and/or facilities
in relation to this Agreement except as may be necessary for completion of such portion of the
work under the Agreement as is not terminated;
c. Assign to the Department, in the manner, at the times, and to the extent directed by the
Department, all of the rights, title, and interest of the Subrecipient under the orders and coniracts
so terminated, in which case the Department has the right, at its discretion, to settle or pay any
or all claims arising out of the termination of such orders and contracts;
d. Settle all outstanding liabilities and all clairns 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 finalfor allthe purposes of this clause;e. Transfertitle to the Department and deliver in the manner, at the times, and to the extent directed
by the Department any property which, if the Agreement had been completed, would have been
required to be furnished to the Department;
f. Complete performance of such part of the work as shall not have been terminated by the
Depaftment in compliance with all contractual requirements; andg. Take such action as may be necessary, or as the Department may require, for the protection and
preservation of the property related to this Agreement which is in the possession of the
Subrecipient and in which the Department has or may acquire an interest.
uILtzATtoN oF MtNpRtryANO \ /OMEN BUSTNESS ENTERPRTSES (M\ /BE-)
The Subrecipient is encouraged to utilize business firms that are certified as minority-owned and/or
women-owned in carrying out the purposes of this Agreement. The Subrecipient may set utilization
standards, ,U?t"d upon local conditions or may use the state of Washington nltfige goals, as identified
in WAC 326-30-041.
VENUE
This Agreement shall be construed and enforced in accordance with, and the validity and performance
shall be governed by, the laws of the state of Washington. Venue of any suit betweei the pi*ies arising
out of this Agreement shall be the Superior Court of Thurston County, Washington. The Subrecipient, by
execution of this Agreement, acknowledges the jurisdiction of the courts of the state of Washing'ton.
WAIVERS
No conditions or provisions of this Agreement can be waived unless approved in advance by the
Department in writing. The Department's failure to insist upon strict performance of any provision 6t tne
Agreement or to exercise any right based upon a breach thereof, or the acceptance of any performance
during such breach, shall not constitute a waiver of any right under this Agreement.
A.35
A,36
4.37
DHS.F EMA-EM PG.ARPA.FY2 1 Page 21 of34 Kittilas County Sheriffs Office EM, E22-264
Attachment C
21 EMPG-ARPA Award Lefter
EMS-2021-EP-00008€01
ASOrO Letter
U.$, Department of Homeland Security
\Ahshirgton, D.C. 2047 2
Bret Daugherty
Washlngon Military Departnent
Building 20
Camp Munay, WA 98430.5122
Re: Grant No. EMS-2021 -EP-00008
Dear Bret Daugheily:
Congratulations, on behalf of the Depailment of Horreland Security, yot"r applicalion for llnancial asslshnce submitted under
the Fiscal Ye ar (FY) fr21 Emergenry Managemenl Ferlormarrce Grants has been approved in the amourrt of $2,136,034.fi)_
As a condilion of this award, you are required to contdbute a cost rnatch in the arnouni of $e 136,034 00 of non-Fbdeial funds,
or 50 percent of the total approved project costs of S427a068.00.
Before you reguest and receive any of lhe Federal funds awarded to you, you must edaHish acceptarce of the award, eaccefiing thiE award, you ackrrcwledgp that the terrns of the follwving docunpnts ate lncorporated into the ternrs of your
award:
. Agreenent Aticles (attached to thls Award Letter). OHigating Docurnent (attached to lhisAward Letter)
' ry2@l Ennrgency Management Ferformarrce Grarts Notice of Furding Opportunity.. FEMA Preparedness Grarrts Manual
Please make sure you read, undetstand, and mainbin a copy of these documents in your ofliciat lile for this award.
ln order to establish acce$ance ot the award and its tenns, please fotlor these irstructions:
Slep 1: Please log in to the ND Grants system at htps;//po*al.fenn,gov.
Step. 2: Afier logging in, you will see the Hore page with a Pendir€ Tasks menu. Click on the Pending Tasks rnenu, select the
Application sub.rnemJ, and then click the link for "Award Offer Reviav" tasks, This link will navlgate yo-u to Award paokages
that are pendlng rwia,v"
step 3: Glick the Reviarr Award Package knn (wrernh) to review the Award Package ard accept or decline the award. please
save or print the A$/ard Package for your records.
System for Aw_ard Managennnt (SAM): Grant recipients are to keep all of their inforrnation up to date in SAM, in partiollar,
your organization's nane, address, DUNS number, EIN and bankirg information. Please engure hat he DUNS riumber uied
in SAM is the same one used to apply for all FEMA arards. Future paymenb will be contingent on the information provided
in the SAM; therefore. it is imperatMe that he infonnation is mrrect The System for Award Managernent is looated at ggp/
www.sam.oov.
lf you have any qwstions or have updated your anfonnation in SAM, please let your Grants Managffnent Specialist (GMS)
knol'r as soon as poeslHe, This will help us lo make lhe recessary updates and avoid arry interuptiors ln me paymint
proceas.
PATRICKGERARD MARCHAM
DHS-FEMA.EMPG-ARPA.FY2 1 Page 22 of 34 Kittitas County Sheriffs Oflice EM, E22-2&
U.S. Depailment of Homeland Securlty
WashirBton, DC,20/'72
GRANTEE:
PROGRI\M:
AOREEMENT I{UMBER:
Artbb I
Adicle ll
Article lll
Micle lV
Article V
Article Vl
Article Vll
Article Vlll
Micle lX
Attide X
Artlcle Xl
Artiole Xl
Article Xlll
tuticle XIV
Article XV
ftticle )0/l
AGREE!'ENTARTIGLES
Emergency llhnagement Perlormance Grants
Washington Military Depa rtrnent
Emergency Management Perforrnance
Grants
EM$202'1-EP{n00&s01
TABLE OFCONTENTS
Limited English Ptoficiency (Civrt Rights Acl of 1964, Tiile Vt)
Univensal ldentrfter ard System of Award Managenent
Environrnental Planning and Hletoric Preservation (EHp)
Rwiew
Prior Approvalfor Modilication of Approved Bueet
ffnerlcarE with Disabilities Act of 199u
SAFECOM
Aoceptance ofPost Award Changes
Rehabilitation Act of 1973
Natlonal Ervironmental fulicy Act
Ackmwle€ement of Fedeml Furding lrom DHS
USA PATRIOT Act of 2ml
Age Disorimination Act of 1975
Civil RightsAct ot 1964 -Tiie Vt
Notice of FundirB Opportunity Reglirements
Tnffickirg Victims Protection Aot of 2000 OVPA)
Non€upplantirrg Requirenrent
DHS-FEMA-EMPG-ARPA.FYz1 Page 23 of 34 Kittitas County Sheriffs Office EM, EZZ-264
Article )(Vll
Atiole x/lll
Article XIX
AlticleXX
Micle )O(l
Article XXll
Article XXlll
Article )O(lV
Article )frV
Article )O(Vl
fiticle )O(Vll
Article)Owlll
Atide )O(lX
Afticle X)(X
Artlcl€ )0O(
Alicle )O(Xll
Arlicle )O0\lll
Adkie )C(XIV
Adicle il(X'l/
Article )C00/l
Artlole)00(Vll
Arlble )C(X/ll1
Federal Leadenship on Reduoirg Teld Messagirg while
Orivirg
Drugi-Free Workplace Regulatbns
DHS Specific Acknorrrledgements and Assuranoes
Best Praotices for Gollection and Use of tulsonally
lclenlifiaHe lnforrnatron
CMI Rlgt*s Ac-l of 1$8
Debarmert and Suspercion
Aotivities Conducted Abfoad
Enerry Policy and Conservation Act
Proourement of Recovered Materials
Terrorist Finarring
Hotelard Motel Fire Safety Ad of 1990
Duplication of Elerefi ts
Fly Arnefica Act of 1974
Reporting of Matters Related lo Recipent tntegdty and
rerfonnarrce
Lot$yirg Prohibilions
False Claims Act and Rogram Fraud Givil Remedies
Federal Debt Shhrs
Nondiscriminafion in Matters Fertalnlrg to FaithBased
Organizatiors
Edrcatpn Amendments of 1972 (Equal Opporlunity rn
Edrcatlon Ac{) - Title lX
Copyrigtt
R€portirq Subawards and Execulive Compensation
tJse of DHS Seal, Logo and Flags
D HS-FEMA.EM PG-ARPA-FY2 1 Page 24 of 34 Kittitas Coung Sheriffs Oflice EM. E22-264
Article )C(XIX
Aticle XL
\Mristleblower Protection Ad
Assurances, Admi nistrative Requirements, Cost Pri nciples,
Representatiors and Certifi cations
Article XLl Disposition of Equipment Acquked Underthe Federal Award
Artiole [ll Fatents and lntellech.nl Propefi Rights
Artlcle l. tlnfted Engllsh Prollclency(Clvll Rlghts Act of l9g{, Tlfle Vl)
Recipients muet comply with Ti[e Vl of the Civil Rights Act of 1964, (42 U.S.C. secfion 2000d el seq.) pohititbn against
discriminallon on the basie of national origin, whlch requires that recipienE of federal linancial assidarre take reasonaHe
steps to proride neardrBfulaccess to persons with limited Erglish prclicierrcy (LEP) to their prograns and services. For
addilional assislance and infonrntion regarding largrage access oUigatiors, please refer to hebHS Reoipient Guldance:
htpe/nmmr-dhs"gov/gt ldarrce pudishecl-helpdepartmer*- supportecl-organizations-pro\ride-nranirgful-aicass-people-
limited and addltional resouces on httpil/hruw.lepgov.
ArUcle ll - Unlversal ldenfffler and System otAward llltrnagcmcnt
Reclplents are requked to oomply s/ith the requlrenents set forth in the govemment-wide financial asslslance award term
regading the System for Award Managernent and Universal ldentifier Riquirements looated at 2 C.F.R. Paft%, Appendtx A,
lhe full to<t of which b irrorporated tnre by refererne.
Artlcle lll - Envlronrpntal Plannlng and Hlstorlc preservadon (EHp) Revlow
DHS/FEMA tunded activities that rnay require an EHP revbw are subjec{ to he FEMA Ervironmental planning and Historic
Preservation (EHP) revlew Pnrcess. This revisrv does not addrcss alllederal, state, and local requirements. A6ceptanoe of
federal funcling requfres ,eoiFient to comdy with all federal, statg and local laws.
P|I!/FEMA is requircd to consllel te poterrtial impacls to natural and wlturat resourceo of all pojects funrtect by DHS/
|EMA grant funds, hrougn fts EHP Review proce6s, as manctated by tre Nalional Erwlronnenial Policy Act; National
Historlc Preseryation Act of 1966, as anrcn(bd; National Flood lneurance Program regulatiorn; and, ary ottrer appicaHe
laws and Exeantive Ordets, To access the FEMA EHP screenirB form and indructions, go to the DHS/FEMA w;6stte at'
https:/tlnvtrv*ferna.gov/media"library/assets/documentsr90196, ln orderto initiate EHP review of your pojed(s), you must
complete all relevant sections of ths form and submit il to the Grant Programs Direc-torate (GPD) alor€ with'ai,;ther pertinent
project infornlation. The EHP review proc€ss must be comfleted before funds are released lo carry out tfre propooed projed;
olhenrvise, DHS/FEMA nny nol be able to fund the projec{ due to noncompliance with EHP laws, ixecutive brOer, regulaiiors,
and policiee
lf ground disturHng ac{ivities occur durirg corstruction, applicant will nnnitor ground disturbance, ard if any potential
archeological r€soulces a_re discovered, applicant will immedlately cease worli in that area and notift fe pdsb-ttrrough entity,
if applicable, and DH9FEMA,
Ar$cb lV . Prlor Approval for lUlodlflcadon of Apploved B udgrt
Before nakirg arrychange to lhe FEMA approved budget for this avrard, you must request prlor written appromlfiom FEMA
lvryleJequited by 2 G.F,R, Seation 200.308" FEMA is also utlllzirg its disoretion to lmpose an additional restridion under
2 C.F. R. Section 200 308(0 rcgardirp the tarnfer of lunds amorg direot co$ categories, FoErans, functionq or acUvities.
Therefore, for awards with an approved budget wlrere the fedenl share is greater itran tne simpineo acquisition threshold
(cunently $250,0m), you rEry mt trarsfer funds annng direct co6t categories, progmms, funcliors, or aclivfties wilhout prior
written approval from FEMA where the cumulalive anrcunt of swh transiers exdeeds or is expec.ted to o<ceed ten perceirt
!] o%) ot ttn total btxtget FEMA last aprwed. You must report any dwiatons from your FEMA appoved budget fi the lirst
Federal Financhl Report (SF425) you submit folloring any hr€et devlatlon, regardless of whether Ure buCaet deviation
requires prior written approral,
Artcle V . Anrcrlcqns wl$ DlsaHlltlcs Act of ig8O
DHS.F EMA-EM PG-ARPA-FY2 1 Page 25 of 34 Kittitas County Sheriffs Office EM, E2Z-264
F9^gP!"ttts TLEI cornply with the requirements of TiUes l, ll, and lll ol the Ameicans with DisabititiesAcf, Rrb. L No. 101-336(1990) (codlfied as arnended at 42 U.S.C. sections fl1}l* e213), which prohibits recipients from OiscriminatirB on tne UaJsof disabiltty in lhe operation of public entities, public and private transporta'tion systerrF, places of public accomirodation, and
certain teding entities.
ArtlcleVl -SAFECOM
Reoipienls receivirg lederal financial assistanoe awards made under pograrns that provide ernergency oommunication
equign€nt and its rehted activities must comply with the SAFECOM Guidance for Einergenry Cjmmtinication Grants,
includirB provisions on technical standards that emure and enlpnce interoperable communications.
Artlcle Vll -Accaptance of Post Award Ghangec
ln the everrt FEMA determines ttnt ofrarges are necessary to the award doourent after an award has been rnade, irrcludingctlSes to period of performance or tems ard conditions, recipients will be mtified of the changes in writirB. Once
notification has been ma99j -a-ry ll$eqgnt reque$ for funds will indicate recipient accepance-of tne changes to the
award. Please call the FEMA/GMD Call Center at (S66) 927-5646 or via e-rnailto ASK.Q'litD@fema.orn.soiif you have arryquesliors-
Ardcle Vlll . Rehabtlltatlon Aet of l87|t
lecslentsmustcomplywllhtherequirernentsof sectionS04of theRetpbi/fra\:utActof 1g73, pub. L 93-112(1973),(codlied as arnended at 29 U.S.G. section 794,) which prwides ttnt no ottrenriee quatified handicapped individruals inlhe UnHed slates will, solely by reason of the handioap, bo excluded from participaton in, be oenied ine benefite of, or besutiected to discrimination under any program or adivity receivirg feOeral finarpial assisiance.
Aillcb lX . Natlonal Envlronmental Pollcy Acrt
Recipierts mr.rst comply with the requiremeris of the /Vafiopl Ewirqmstat tulicy Act of (ng NEpA),pub. L. 91-190
{1970) (octified as anEnded at 42 U,S.C. seclion 4321 ef seq.) and the Courril on EnvironmenAl q1raiity (CEe) Regulatiorsfor lmplementing the Procedural Provlsions of NEPA, which require recipients lo use all pradicaue means withd their
authgnty, and consistent lvith other essential oorsiderations of national poticy, to create ind maintain conditione under whichpeoHe and nature can exist in productive harmorry arrd fulfill the sooial, ecommic, and other rpeds of pesent and futuregemrations of Americans.
Arficb X - Ac*nowledgsment of Fedenl Fundlng ftom DHS
Reciptients must acknowledge their use ol lbdenal fundirg when issuirg statenenb, press releasee, reqlgsts for prcposal, bid
invitations, and other docurnentls describirg projeots or prograrns funded in whole orin pail with ferbraifunos.
Artlcle Xl - USA PATRtoTAct ot200l
Eeqpgnts must conply with requirenrents of Section 817 of the Unlliry atd Stergtltf'rtt? Anterica by providing ApprqriateTcrJs Rqdrgd to lnteroapt aN Obstnnt Tandlsn Act d 20or (USA PATRTOT na;, arO. L. No. 1 07:56, wntcriamenoi r s
U,$.C. s€ctions 1 75-17frc.
ArUcle Xll -Age Dlscrlnfnailon Act of 1978
Reciplents 1ryJ comply with the requirenents of the Age Discrimircbn Act d 1975, pub. L. No. 94-135 (1
arnended at Tltle 42, U.S. Code, section 6101 ef seq.), which pohibits discrimiration on the basis of age in
activity reoeiving federal financial asslstance.
Arilcte Iflt - Gtvil Rlghts Ac,t of tgof - Tl0e vt
Reciprients-must cornply with the requirements cf Titb Vl of lhe civit Rigtlts Actol lg64 (codified as arnended at 42 u"s.c.secton fl)ft| ef seg.), which provides that m penson in the United State will, on fie giounds of race, 6910r, or national origin,
be excluded from participation in, be denied the berrefits of, or be sugecbd to discriminatim under arry program or adivity
receiving federal linamial asslshnce. DHS lmplementlng regulations ior the Act ate found at 6 C.f.n. irirt if and 44 C.F.R.Part7.
Arucle XIV - Notlce ol Rrndlng Opportunlty Requlrements
975) (codified as
any program or
DHS-FEMA-EMPG.ARPA-FY2 1 Page 26 of 34 Kittitas County Sherlffs Office EM, E22.264
All the instruclions, guidance, limitations, ard other conditions set foilh in the Notice of Furding Opportunity (NOFO) for thisprogram are incorporated here by reference in the award terms and conditions. All recipienls riusi iompty ivftn any irrfr
requirements set forth in the program NOFO.
Artlcte XV - Trdflcklng Vlc$nrs protecilon Act ol tillOO (TVFA)
Recjpierts must comply with the requirements of the government-wide financial assistanoe award term whroh impletr€ntsSection 106(9) of the Trafiicking Victims Protection Act of 2000 TIVPA), codified as amended at22U S-G section 7104, Theaward term is bcabd at 2 c.F.R. section 175.15, the full text of which is incorporaled here by refererre.
Arfl cle XVI - Non€upphntlng Requlrement
Reclpierfis receivir€ federal finarrcial assistance awards made urder prograrns that prohiHt suppanting by law must ensurettnt federal funds do not reflace (supplant) funds that have been bufteteO for lhe same purpo'se throu-gh non-federal
sourf,€s.
Arflcle XVll - Drug.Free Wo*place Regulatlons
le_otpients mr-rst comply with drugfree worlglace requiremerils ln subpart B (or subpart c, if the recipiBnt is an iMMidual) of 2c.F.R. Part 3001, which adopts the Govemment-wide lmplementation (2 c.F.R. Fartl82) of Sec. 5152-SlS8 of the DnAif,*Wa*p l* kt ol 1 I 88 (41 U. S. C. sections S 1 0i -01 06).
Ar[cle xvlll - Fadcral Learlarshlp on Reduclng Text tvl€sssglng wtrlle Drlvlng
Recipieds are emouxagsd to adopt and enforce policbs that ban text messaging while drtuing as described in E.o 13513,inolding conductirg initiatives described in Section 3(a) of the Order when on ofiicial gpvemment br.siness or whenprforning arry work for or on behalf of lhe federal gwernment.
Arllch XI)( - DHS Speclflc Acknowledgen*nts and Assurances
All recipierils, subrecipierrts, sucessors, lran$erees, and assign€e€ mr.st acknowleee and agree to comply with apflicableprovisiom governing DHS access to records, ac@unts, docurnents, information, facilities, anOltatt.
1. Recipferils must cooperate with any oompliarne reviews or oompfiance irvestigatbns conducted by DHS.2. Reoipt'ents mnt give DHS access to, and the right to examine and copy, records, accounb, and oilnr docurnents andsources of lrfornntlon related lo the lederal financial assistance award inO permit access to facilities, personret, anJother indMdmls and information as may be necessary, as required by DHS regulalions and otrer appilcaOte laws orprogram guidarrce.
3' Recipients must submit tinlely, complele, and aocurate reports lo lhe appropraate DHS ofiicials and maintain appropriate
backup docunenhtion to stpport the rcporb.4 Recipients must comply with all other special reportirrg. dala collection, and walmt6n requirements, as prescribed bylaw or deDaibd in program grJdance.
5. Recipieds of federal flnarrcial assistance from.DHS must complete the Dtls crvfl Rights Evalrcfbn Tird within thilty (30)
days of receiPt of the Notica ol Award or, for State Administrative Agerrcies, thirty (O days from receifl of tre OHS iivii
Ri'ghts Evaluation Toolfrom DHS or its awarding component aSency, After ltr iriitiatiu5irission for th6 first award underwhich lhis brm applfes, recipients are required to provide lhis infornation once every two {2) years if they have an aotivearl('1$ evety tine an arrrard is made, Recipierrts should sr-lrmit the completed tobl, irsiuiti'rp supportirp rnatertats,to CivilRigtrtsEwlua$on@lE.dhs,gov. This tool chrifies the ctuil rights obligitions and related rie"fir'tg req-uirements'
oonhirpd in the DHS Shndard Tenns and Conditions. Subrecipients are ml required to complete and submit this tool toDHs The enraluation tool oan be found at https:/fu^vw dhs-gov/puUicationrdh-civil*ights+vaiuation-tool.
The DHS Office lor Givil Rlghls and Civil Libe rties will consider. in its discretion, gnanlirg an extension if the reclpient
identifies steps ard a tineline for mmpetirB lhe tml. Reoi;ients should request exteffil-ons by emailirB the request toCrvilRightsEvalmtbr@tq.rhs.gov pior to expiration of tte 30-day deadline.
Artlcle XX - Beil Practhes for Gotlec'tlon and Use of Personally ldentllable lnfomtlon
Recipients who collecl personally ldentiftable inforrnation (Pll) are required to have a publioly available pdvaqy policy that
describes standards on tle wage and rnairtenance of the Pll trey c6tlect" DHS defines pllbs arry inmirnatio'n inal iermi6 the
ldenlity d an individualto be dkecily or irrdiredly infened, irrcluding any information that ls ilrt<ed or linkable to ttpt individual.Redpieils may also find the DHS Prtuary lmpact Assessnnnts: eivaiy Guidance at htF:/ ,vwwdhs.gwAlibrary/assets/
DHS.FEMA-EMPG-ARPA"FY2 1 Page27 ot3/;Kitlitas County Sheriffs Office EM, E2Z-264
privacy/privacyiiaSuidarrcejurez0l0.pdf ard Privacy Tempate at https:/ 'vww dhs.gov/siteydefaultfiles/publications/pdvacy_da_template 201 7.pdf as usefd re$rurces respeotively.
Arilcle xxl . civil Rtghts Act of l96s
Recipients must comply with Title Vlll of the Civil Rights Act d 1988, Pub. L. 90.284, as anended throrgh pub. L 113-4.
which prohilits recipierrts from discrimimting in the sale, rental, finanoing, and advertising of drvellings, or in the provision of
services in connection therewith, on the basis of race., color, national origin, religion, Oisabitity, famitiit itatus, ard sex lsee42 U.S'C. section 3601 €f seg.), as implernented by the U.S. Departmerrt of Holsing and Urban Developnrelt at 24 C.F-n
Part 100. The prohibition on disability discrimination includes the requirement that nerv multifamily hor.rsing with four or more
dwelling_units-i'e., the public and common use areas arrd individual apartment units (all unlts ln UiritCings i1h ebryators andground-floor units in buildings without ele\Etols)-be designed and conshrcted with cirtain accessible fEatures. (See 24 C_F.R-
Parl l0Q Subpart D.)
Artlcle )illl - Debarment and Suspenslon
f^e-cig^ient9 a1e ubject to the rnn-procurenerrt debannent and suspension regulatiors implementing Executive Orders (E.O.)
12549 and 1268{1, which are at2 c.F.R- Pan 180 as adoSed by DHS at 2 c.F.R. Paft 30b0. Ttreselegulations restrict
federal financial asslstance awards, subawards, and oorflracts with certain padies that are debarred. srisperrde( or othenvise
exoluded from or ineliglble for participation in federal assishnce programs dr activities.
Arflcle XXlll . AcUvltlec Gonduc{ed Abroad
Recipients mu$t ensJre that projec-l acilivities canied on outside tlre Urdted States are coordinated as recessary wlth
appropriate gwemment authorities and lhat appropriate licenseg permits, or approvals are obtained.
Artlcla XXIV . Energy Pollcy and Comervaton Act
Recipierts must comply with the_requirements of the Enargy rorby aN Conselation 2y;t, pub. L. 9+ 163 (1970) (codified as
amended at 42 U.S'C. section 6201 €ts€t), which conbin policies relating to energy efficiency that are deiined inlhe shte
energy conservation plan issued in compliarrce with this Act.
Aillch XXV. Procurerent ol Recoverad llHerhls
states, political subdivisiors of shtes, and their conlactors must cornply with Section 6flt2 of the Solid Waste Disposal Act,Pub'.L,89'272(1965),(codifiedasamerdedbytheRasanceconseruifiuterrdRmtarykt,42u.S.c seotionbs62,lrhe
reguirernents of Section 6002 include procuring only itenF designatect in guidelines d theEnviionnental proteotion
Agency (EPA) at 40 c.F.R. Patl247 lhal oontain lhe htghest peroentage of recorered materials pacticable, oorpistent witr
rnaintaining a satisfactory level of compeUtbn.
Adlcle XXVI - Terrorlst Flnanclng
Reoipients must comply with E.O. '132?4 and U.S. laws that pohrbit bansac$orn with, and the provisors of resources and
supporl to, individmls and organizations assoclated wilh tenorism Reclpients are tegjatty responsiHe to emure compli€nce
wlth lhe Order and laws,
Artlch XXVII- Hotel and Motel Flrc SatetyrAet ol i99O
ln acmrdatme with Section 6 of the Hofd and lvlotet Fire Sdety kt ol 1gN)A,15 U S,C. seclion 222&, recisenls nu,lgt snsurelhat all mnfeterrce, nreeting,.convention, or lrainlng space tunieO in whole or in part witrr federal funds complies with the lireprwention and control guidelines of the Federaf Fire Prevention aN Contrd Act d 1974, (codifiect as anrended at 15 U"S-C.
section 2225.)
Arflcle XXVlll . Dupllcatlon of Beneflts
frV cost allocable to a particular Jederal financial assigtarrce awad provided for in 2 c. F.R. part 200, Subpafi E rnay not
be.cha.rged to other federal linancial assidarrce awards to overconc fund defrclencies; to avold reotrictions imposed by
teOgF! statutes, regulations, or federal tlnarchl assistance award lerms ancl condiliorn; or for other reasons. Howerai teseprohibitions wouH not peclude reci;ierrts from shiftirg cosls lhal are alloaraHe urrder lwo or more awards in accordance wfth
existing federal statutes, regulationg or tle federal financial assistance award terns and conditions.
Artlclc l(XlX. FlyAmerlca Ast of tg74
DHS.FEMA.EMPG-ARPA-FY2 1 Page 28 of 34 Kittitas County Sheriffs Oflice EM, E22,264
Reoipients must comply with Preference for U.S. Flag Air caniers (air oarners holding certificates under 49 U.S.C.
secfon 41 102) for internathnal air transportation of people and property to the exten[that srrch service is available, in
accordanoe with the lntarnatiotel Air Transportafim Fak Canpdilive Praolices Act d lg74,4g U.S.C. section qot i g, andtjp interffetative guidelines issued by the Oomptroller General of the United States ln the March 31, 1 991, arflendment to
Comptroller C;eneral Decision el 38942
Ar0ch xxx - Repoillng ol l/Hters Related to Reclplent lntegrity and performancc
lf the lotal value of any cunently actle grants, cooperative agreernents, ard procuremert contracls from all federal anarding
agencies exceeds S10,0fi),0C10 for any perlod of tirre during the period of performance of tris federal alvard, lhen the
recipients must oomply wrthlhe requirements set fo;th in tlp gorernment.wiOe Award Term and Condition for Recipient
htegrity and Perlormance Matters located al 2 C. F.R. Part 200, Appendix Xl, the full text of whioh is incorporated irere by
reference in the award tenns ard conditions,
Artlcle )fiXl - Lobbylng Prohibltons
Recipients must comply with 31 U,S C. eection 135! whlch prwides tlnt mne of the funds provided under a federal financial
assishnce award may be expended by the reclfient to pay any person lo lnfluence, or attempt to influenoe an officer or
lmployee of arry agenoy, a, Member of CorBrcss, an officer or employee ol Corgress, or an employee of a Member of
Corgress in conreotion with any tederal aotlon related to a federal award or contrac{ irrcpding iny extension, continr.;3tion,
renewal, amendnrnt, or modilication.
Artcle XXXI - False Glalms Ac,t and Program Fraud Clvll Remedhs
Reci6ients m.st comply with lhe requiremer{s of the Fdw Ctaims Ad 31 U.S.C. sections 972$ 3733, which prohitit the
subnlesion of false or fraudulent clainB for payment to lhe federal govemment (see 31 U.S.C. seclions 3901:39i2, which
details ths adminislrative remedies for false clains and sbternenie rnade.)
Ardcle XXXlll - Fadoral Debt Slatrs
All redplents are required to be non-delinquent in lheir repayment of any federal deH, Examples of relevaril debl irplude
delirquent payroll and other taxes, audit dsallor/ances, and benelit oreipayments lSee OMB Circular A-12g.)
Artlcle XXXIV- Nondlscrlmlnatlon ln ltllattes Pertalnlry to Falth-Based Organlzauorc
It is DHS policy to srFurs tJE equal trealment of faithbased organizatiorp in social seMoe progtarns administered orsuporled by DHS or iF component agenciee, enablirg those organizatiors to participate in povidrrq important social
services to beneficiaries. Reoipients mr.rst comfly with the equal treatrnent polides and requiiements-contaired in 6 C F, R,
lu.l .19 !{.q[=t appicable statues, regulations. and guidance gwerning the participations of faitf]based organizations in
irdividLnl DHS prograrns.
ArUcle XXX!/ - Educaton Amendments of 1972 {ftual Opportunlty ln Educa$on Act) - r1fle lX
Recipients mtst complywith therequirements of Tite Xof theEdmatiut Amsfrnentsaf 1972, tub. L. 92.31g (1972)
(oodilied as amended at 20 U.S.C. sec'tion 1681 ef seq.), whicfr povide that m person in the United States will, on lhabasis
of sex, be excluded from participation ln, be denied the benefits of, or be sublecieo to discrimination under any edrrcationalptogram or activity recetulng federal finarrciat asslstame. DHS implerrerrtirg regutaliom are codifled at C.F.R, part 17 and u
C,F.R. Part19.
Artlcle XXXVI - copyrlght
Recipients must aflix tlre a.pplicaUe oopydght mlices of 17 U.S.C, sect'rons 401 or 402 and an acknowledgement of U.S
Gorernment sponsorship (ircluding lhe award number) to anywo* firat produced under federal finarrhl issistance awards,
Artlcle XXXVII . Reportlng Subawads and Erecuflve Compcnsafion
Recipients are required to.comply with the requjrements set forth in the government-wide award term on Reporting Subawards
and Exec{&e Compernation located at 2 C.F.R. Part 170, Appendix A, lhe full text of which is incorporated'trere 6y refererrce
in the award lerms and oondiflons.
Artch n0(Vlll . Uge of DHS Seal, Logo and Flags
DHS.FEMA.EMPG-ARPA-FY2 1 Page 29 of 34 Kittitas County Sheriffs Oflice EM. F'22-264
Re.cipients must obhin permission from their DHS FAO prior to using the DHS seal(s), logos, crests or reproducflons of ftags
or likenesses of DHS agerEY_officials, including r.se of the United Slates coast Guard seit, 6gq cresis oi reprod:etions oi
flagF or likenesses of Goast Guard ofticials.
Ar0cle XXXIX -Whlstlablonnr Prolectlon Act
T99i.pLe{6 musl comply witt ![e.:Et4ory requirements for whisfleblower protections (if apflicaHe) at 10 U.S.C section 24@,
41 u.s.c. section 4712,aN 10 u.s.c. section 2924,41U.s.c. sections 4304 and 4i110,
Arffcle XL . Assumnces, Admlnlstatve RequlrernanG, Cost Prlnclptes, Representa$ons and Certificatlons
DHS financial assbhnce recipients must complete either the oltlce ol Management and Budget (o{rIB) standard Form 424E}
Assurarres - Non-Construc{ion Programs, or OMB Standard Form 424D Assurances - Construction Rograms, as applicaHe,
Cedain assurances in these documerrb may not be apflicable to your prcgram, and lhe DHS finarrial a&istance o*ibe IOXSF-AO) may requlre applicanls to certifrT additional aEsurances. nppiicanis aie requked to fill or.rt ttre assurances applrcaue to
their program as instrtrted hy the awarding agency. Please conhct the OHS FAo if you have any qtns6ons.
DHS llnancial assistarrce recipienls are reguired to follo$/ the appllcable provisions d the Uniform Adminisbative
Requirenrnts, Coet Principes, and Audit Requirennnts for Fediral Awaros located at Tide 2, Code of Federal Regulations(C.F.R.) Part 2m, and adoged by DHS at 2 C.F.R. part 3002.
By accepfngthis agreernert, lhe reoipient and its exeanlives, as defined in 2 C.F.R. secfion 170,91S, certify rnt the
recipients pollcies are in accordance with OMBs guidance located at 2 C.F.R. Psrl 20O, all appbaue federal laws, ard
relevant Executive guidance.
ArUcle XLI - Dlsposlllon ot Equlpmsnt Acqulred Under tte Fedetal Amrd
When original or replacernent equiprnerrt acquired under thia award by the reoiFient or its subreciplenb is no lorger needed
for the original pojecl or proglam or for other aotivities cunerrtly or prwiously supported I a fetbral awarding
"6"roy,
you
must r€qu€st instrudions lrom FEMA to make proper disposiUon of the equiirneni pursuarrt to 2 c. F,R, Section im.Oii,
Ar0cle XLll - Pate[ts and lntellectual property Rlghts
Reclpents alE subject to the 8ayfi-Dab ,4ct, 35 U.S.C. eection 200 at s€q, mless ottreruise prorided by larrr. Recipients are
sut{ect to the specific requirenrcnts gwerning the developnnnt, reporting, and disposition of rights to irwentions and patents
resulting from federal firancial assistarre awarG locabd at 37 C.F.R. Pirt 401 anO tne $andard patent righb olause located
at 37 C.F.R. section 4{.J1.14.
Personnel
Fringe Benefits
Travel
Equipnern
Supplies
Contrac'tual
Construction
lndirect Charges
Other
EUDGETGOST CATEGORIES
$438,972.00
$170,3fi.m
$0.00
$0.00
$16,875.00
$3,596,694.00
$0.00
$49,226.00
$0.00
DHS-FEMA-EMPG-ARPA.FY2 1 Page 30 of 34 Kittitas County Sheriffs Olfice EM, E22-264
Obllgotlng Documcnt for Alr{rd/Ancndnrcnl
..*Jla. AGREEMENTNo.
EMS-202t"EP.00m8-S0t
] 2 AMENDMENTNO 3.**a 4. TYPE OF ACTION
AWARD
5 @NTROLNO"
FY2O2IRIOEMPGARPARECIPIENT
6. RECIPIENT NAtvlE Al.lD
ADDRESS
Waslrington Mrlitary
Deparlment
Building 20
Camp Munay, WA 98430 -
5122
9 NA},{EOFRECtrIENT
PROJECI OFFICER
TirzahKhcheloe
7.ISST}INC FEMA OFFICE AI.ID
ADDRESS
FEMA.GPD
400C StreeL SW, 3rd floor
Washingtoq Dc, 2I)47 2-3 U5
POC:86G92?-5646
8. PAYMENT OFNCE AI'TD ADDRESS
FEI{A Finance Centsr
430 N4a*et Strect
Wincheser, VA2?fl03
I 4. PERFORIV{ANCE PERIOD
PIIONENO
253512?456
NO.
916001095G
FR.IOR
TOTAL
AWARD
II. EFFECTIVEDATEOF
THIS ACTION
rcmt2020
PROGRAM
NAI\,IE
ACRONTM
CFDANO.
Efirltcnry
Murgcmcnt
Pcrformurcc
Chanli
12.
METHOD
OF
PAYMENT
: PARS
ACCOIJNTINGDATA
(ACCS CODE)
)ooo(-)oo(-)ooooo(-
)oooo(-)oflo(->ooo<-x
IO NAME OF FEMA PROJECT COORDINATOR
Centnol Scheduliqg and Informarion Desk
Phons: E00-368-6498
Email: Askcsid@hs"gov
I 3. AS SISTAI.ICE ARRAI.IGEMENT
Coot Reimbursement
I 5, DESCRIPTION OF ACTION
a. Qndicate frndrrg data for awards or financial chorges)
From:
10n1no20
BudgotPerlod
10n1nv)o
To:
00/30n023
09/3012023
CTJMTJLATIVENON.
FEDERAL COMMITMEI.IT
Scc Totsls97.O{2 202t.FDcAot-Rt07. -41 20-D
lAr\dor.lNT'CIJRRENT,,
AWARDED TOTAL.THIS
AWARD
ACTION
I +oR(-)
t0.00 32,tt6,0r4.00 3?,136,034.00
i0.00 t2,tt6,00a.00 s4lt6,fita.00
b. To dcscribc changer other thm fwrding
N/A
date or fnancial changes, etlach schedulc end check hors.
16 a. FOR NON-DISASTER PROGRAIvIS: RECIPIENT IS REQUIRED TO SIGN A].tD RITIJRN THREE (3) coprEs OF THrS
DOCUMENT TO FElvtA (See Block 7foraddrcss)
Emergency Managemcnt Pcrformsncc Crants recipicnts ore not rcquircd to sign and rehun copies of this docunent Howwer, recipients
should print and kccp a copy ofthis documcnt for their records.
l6b. FOR DISASTER PROGRAMS: RECIPIENT IS NOT REeURED TO SIGN
This sssistsnc$ is subject to ttrms srd conditions sttsched to this sward noticc or by incorpomtcd r€fcr€ncc in progrom legishtion cited
ebovo.
il,lJqtlJt.oo
17. RECIPIENI SIGNATORY OFFICIAL (Name and Tirle)
Tirzah Kincheloe , lvlrs
18. FEMA SIGNATORY OFFICIAL (l.Iame end Titlc)
THERESA MUSCAT BARA, Ftognm ivlanager
,DATE
WedSep0l l8:27:36GMT
202t
,I)etE
Mon Arg 30 15:41:01 GMT
:2021
OHS-FEMA.EMPG.ARPA-FY21 Page 31 of34 Kittitas County Sheriffs Office EM, EZ2-264
Aftachment D
WORK PLAN
FY2021E@erfr rmance Grant. American Rescue Plan Act
The purpose of EMPG-ARPA is to assist with the enhancement, sustainment and im provement of state, local, and
tribal emergency management programs. Activities conducted using EMPG'ARPA funding should relate directly to the
five elements of emergency management: prevention, protection, response, recovery, and mitigation. Washington
state does not require a specific number of activities to receive EMpG-ARpA fu nding. However, there are required
capabilities that must be sustained in order to remain eligible for EMpG-ARpA funding, including but not limited to the
ability to communicate and warn, educate the public, plan, train, exercise, and be NIMS compliant. The Work Plan
delineates the Emergency Management Organization's emergency ma nagement program planning and priority focus
for this nt include EMPG and local
4.5 lncident Ma nagement
Environmental Response/Health and Safety
Mass Search and Rescue Operations
Euilding
Purchase a Utility Terrain Vehicle
(UTV) trailer (AEL 12TR-00"TEqP)
The county identified a gap in response
times and needs a UTV trailer for quicker
response to remote areas or areas where
normalvehicles can't operate {e,g., where
flooding has occurred). A UTV cannot
hgally be driven from the office to a crisis
site and the county does not currently have
a trailer to haul the UTV to sites.
The county will be able to use the
trailer to hau/deploy the UTV to
crisis sites, allowing for quicker
response.
Prlmary Core Gapability,
Secondary Core Capabllity
Build or Sustaln
WORK PIANNED tDENT|FTED cAP/NEED
Purchase Unmanned Aerial
Vehicle (UAV)and system (AEL
03oE-07-suAsl
The UAVs will be used in training, response
to Search and Rescue Operations, Tactical
Operations, and Natural Hazard response
to include flooding and wildland fires. This
program will be continuing throughout the
years to better respond to Emergency
Management {EM} incidents or events.
ANTICIPATED PROJECT IMPACT
The establishment of the EM
drone program will greatly
enhance response to hazards and
threats in a quicker more efficient
and effective manner. EM will be
able to assess and allocate
resources more
Priority Area fl1
4.7 Communications and Warning
Prlmiry Cdre Capabillty,Operational Comrnu nications
Bulld or sustaln Su stai n ing/M aa nta i n i n g
WORK PTANNED tDENT|FtED GAP/NEED ANTICIPATED PROJECT IMPACT
- Purchase portable radio
equipment and batteries.
- Purchase RACES r:adio equipment
- Purchase radio equipment for
the incident command
vehicle/command post.
(AEr 06CP-01-PORT)
- County EM will work with Region
7 RACES to update equipment.
The AAR from Cascadia realized the need
for RACES teams to be able to send
"packet" information. Regional exercises
have confirmed the need to upgrade
ancient equipment so the county can send
"packet" information via the radlo to ask
for logistic support and to provide SitRep
information. lengthy operations have also
created a gap in the need for radio
batteries and for the need to upgrade
communications equipment in the older
command posts/vehicles.
Strengthen communication
capabilities in the command posts
and to support an extended
evenVdisaster.
DHS-FEMA-EMPG.ARPA.FY2 1 Page 32 of 34 Kittitas Coung Sheriffs Office EM E22-264
Attachment E
TIMELINE
FY 2021 Emergency Manaqement Perform ance Grant. Amerlcan Rescue Plan Act
DATE TASK
June 1,2021 Grant Agreement Start Date
Jufy 31 ,2022 Submit reim bursement request
December 31,2022 Grant Agreement End Date
February 15,2023 Submit final reimbursement request, final report, training
requirement report, and/or other deliverables.
The Subrecipient must request pflgg written approval from Department Key Personnel to waive
or extend a due date in the above Timeline.
For waived or extended reimbursements, all allowable costs should be submifted on the next
scheduled reimbursement due date contained in the Timeline.
DH S.FEMA.EMPG.ARPA-FY2 1 Page 33 of 34 Kittitas County Sheriffs Office EM, E'22"264
Aftachment F
BUDGET
FY 2O2l Emergencv Manasement Performan ce Grant - American Rescue Plan Act
2IEMPG.ARPA AW
SOLUNON
AREA BUDGSI6ATEGSRY
&
iBr
ul
onnel &
Consultan a
Other
Person
Diem
I
=z2
5A
EMPGAMOUNT TVIATCH AMOUNT
14,205 5
Tr
Cons
Other
r€s
nel & Fri
tes
Subtotal
Subtotal
Subtotal
subtotal
s
ul
u,tg
(.,cu,
6
I?z
E
cts
r
3c,lr|
od
E acts
5
$....
Other
lnd ir.qel
lndirect Cost Rate an llle 0,OO%lorTime Pedod of: N/A
TOTAI, Grant Apre emenl AMOUNT: S t4,205 s 14,205
The Subrecipient will provide a match of $i4,20S of non-federal origan, 50% of the total project cost (local
budget plus EMPG-ARPA award).
Cumulative transfers to budget categories in excess of ten percent (100/o) of the Grant Agreement Amount
will not be reimbursed without prior written authorization fiom the Department.
Funding source: u.s. Department of Homeland security - pl# 713pA - EMPG-ARPA
DHS.F EMAEMPG.ARPA.FY2 1 Page 34 of 34 Kiftitas County Sheriffs Office EM, E22-284
SIGNATU RE AUTHORIZATION FORM
WASHINGTON STATE MILITARY DEPARTMENT
Camp Murray, Washingto n 9843O-8122
P/ease read instrucfibns on reverse side before this form.
NAME OF ORGANIZATION
Kittitas County
DATE SUBMITTED
J JA
PROJECT DESCRIPTION
21EMPG-ARPA
CONTRACT NUMBER
E22-264
1. AUTHORIZINGAUTHORITY
SIGNATURE PRINT OR TYPE NAME TITLE/TERM OF OFFICE
elt- ry4>Clay Myers Sherltll2022
2. AUTHORIZED TO SIGN CONTRACTS/CONTRACT AMENDMENTS
SIGNATURE PRINT OR TYPE NAME TITLE
e4 rya,I Clay Myers Sheriff
3, AUTHORIZED TO SIGN REQUESTS FOR REIMBURSEMENT
SIGNAfr'RE PRINT OR TYPE NAME TITLE
fi )
f\,Darren Higashiyama Chief Deputy
Sharrie McPherson FiscalAnalyst
\\NAC-1VOL1\HOMEII<ARENBI....\WP\S|GNAUTH Rovised SlO3
NAME
County of Kittitas
Doing business as (DBA)
Kittitas County
ADDRESS
205 W Sth Ste 105
Ellensburg, WA 98926
Appllcable Procurement
or Sollcllallon #, lf any:
WA Uniform Euslness
ldentifier (UBl)
192002673
TaxFederal Employer
ldenlifcation #:
91-6001349
certlllcatlon ls lo
Washington Military Department Contract Numbel E22-264
Debarment, Suspension, lneligibility or Voluntary Exclusion Certification Form
lnstructions For Certlflcatlon Regarding Debarment, Suspension, lneligibillty and Voluntary Exclusion--Lower
Tier Govered Transactions
1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out
below.
2. The cefiification in this clause is a matsriat representation of fact upon which reliance was ptaced when this
transaction was entered into. lf it is later determined that the prospective lower lier parlicipant knowingly rendered an
erroneous certification, in addition to other remedies available to lhe Federal Goveinment the departmbd or agencywith which this transaction originated may pursue available remedies, including suspension and/or debarment.3' The prospective lower tier participant shall provide immediate written notice tb tha department, institution or ofiice towhich this proposal is submitted if at any time the prospective lower tier participant iearns that its certification was
erroneous when submitted or had become erroneoqs by reason of changed circumstances.4. The terms covered transaction, debarred, suspended, ineligibte, lower tier covered transaclion, participant, person,
primary covered transaction, p_rincipal, proposal, and voluntarily excluded, as used in this clause, have'ttre nieaning
sel out in the Definitions and Coverage sections of rules imptemenling Executive Order 12549. Vou may contact the_ person to which this proposal is submitted for assistance in obtaining a copy of lhose regulations.5. The prospective lower. tier participant agrees by submitting thii pro'pbsal that, s-hould the proposed covered
transaction be entered into, it shall not knowingly enter into any lower tier covered transaclion wiih a person who isproposed for debarmenl under the applicable CFR, debaned, suspended, declared ineligible, or voluniarily excludedfrom parlicipation in this covered transaction, unless authorized by the depadment-or agency with 'wtrictr thistransaction originated.6. Jle ngspgctive lower tier participant furlher agrees by submitting this proposal that it wilt include this clause tiiled-Certification Regarding Debarment, Suspenslon, inelpibility-and'Voiunlary Exclusion-Lower Tier Covered
Transaction," without modification, in all lower tier coveredlransaclions and in ail solicitatbns for lower tier covered
lransactions.
7. A parlicipant in a covered iransaction may rely upon a certification of a prospective participant in a lower tier covered
transaclion that it is nol proposed for debarment under applicable GFR, debirred, suspendeU, ineligible, or voluntarily
excluded from covered transactions, unless it knows thdt-ttre certffication is erroneoui. A participa'nt may decide thi
melhod and frequency by which it determines the eligibilily of its principals. Each participant may, but is not required
to, check the List of Parties Excluded from Federal Procurement and N6n-procuremenl piograms.8. Nothing contained in the foregoing shall be construed to require establishment of a sysGm of records in order to
render in good faith. the cerlification required by this clause. The knowledge and information of a pafiicipant is not
required to exceed that which is normally possessed by a prudent person in ihe ordinary course of Uu'siness ac6v1y.9. Except for transactions authorized under paragraph 5 of lhese instructions, if a participant in a covered transaction
knowingly enters into a lower lier covered transaclion with a person who is propoled foi debarmenl under applicable
CFR, suspended, debarred, ineligible, or voluntarily excluded from participation'in this transaction, in addilbd io other
remedies available to the Federal Government, the deparlment or agency with which this transaction originated maypursue available remedies, including suspension and/or debarment.
Certification Regarding Debarment, Suspenslon, tneligibility and Voluntary Exclusion--Lower Tier
Covered Transactions
The prospective lower tler participant certifias,by submission of thls proposal or contract, that nelther it nor ltsprinclpals is presently debarred, suspended,proposed for debarment, declared lneligible,or voluntarily excludedfrom participation in this transaction any Federal department or agency.Where the prospective lower tierparticlpant ls unable to certify to
thls form.
in thls certiflcation, such prospectlve participant shallattach an axplanation to
Bidder or Contractor Sig
Print Name and Title:Jer'ry
zbal-'-Date:
CAREFULLREAD BEFOREY IGNINGs TH ntractorsco dan dercbid to andelgnabldetermsthethisofwlthoulbycertification,cofiain transacllonsin d lrectly
funds.federal
{atn,k-
by
the
, ttrfifi"r{ W frd,w
Kittitas County
Review Form
Grants & Contract Agreement
Today's Date
March 7,2022
Agenda Date
March L5,2022
Fund/Department
37 / Sheriff
Cont rant lnformation
Financial lnformation
B lnformation
Pass Throu lnformation
Contract /Grant Agency: Washington State Military Dept. and the U.S. Department of Homeland Security
Period Begin Date: 06/01/202L Period End Date: 12/31/2022
Total Grant/Contract Amount: 51,4,205
G ra ntlCo ntract N u m be r: F FY2 1 E M PG-AR P A E22-264 (5H22-OIZI
Contract/Grant Summary: The purpose of the FFY21. Emergency Management Performance Grant
(EMPG) program is to award funds to states to assist state, local, territorial, and tribalgovernments in
preparing for all hazards through sustainment and enhancement of those programs as described in the
Work Plan.
TotalAmount S14,205 State Funds S0 Federal Funds 51,4,205 (pass-thru
from WA State Mil Dept.)
Percentage County Funds 0%Matching Funds S0 CFDA# 97.042 (21EMPG-ARPA)
ln-Kind S0
ain
ls Equipment being purchased? Yes Who owns equipment? Kittitas County or subrecipients, per grant
New Personnel being hired? NO Contact HR hiri ng - reporting requirements NA
Future impacts or liability to Kittitas County: Compliance and audit requirements.
Budget Amendment Needed?
New Division Created? NO
Yes I to be completed as funds
are expended & reimbursed
Non
Revenue Code 001 37202133397042
Expense Code 001 372021SXXXX
Agencv to Pass Through NA
Amount to Pass Through So
Sub-Contract Approved Date:
Grant/Contract Review Page L
Prosecutor Review
Has the Prosecutor reviewed this agreement?Yes E No CAMAS# 53775
County De rtments lmpacted
Submitted
Auditor Facilities Maintenance
lnformation Services Human Resource
Prosecutor Treasurer
Signature: et€a -')4vLt'.JL'\Date: 1*?-J--?
Department: Sh6riff
Assignment of Trackin lnformation
Auditor's Office
Human Resource
Prosecutor's Office k
Who Signed the grant application /
Reviewer Date
Grant/Contract Review Page 2