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HomeMy WebLinkAboutE22-260Kittitas County Review Form Grants & Contract Agreement Today's Date L/2022 Agenda Date /2022 Fund/Department 37 /sheriff Contract/G ra nt lnformation Financial lnformation B lnformation nt Agency: Washington State Military Dept. and the U.S. Department of Homeland SecurityContract /Gra Period Begin Date: 09/01,/2019 Period End Date: 08/3L/202t Total Grant/Contract Amount: 5Sq,6ll Grant/Contract Number: FFYLg HSGP E22-260 (SH22-013) rant Summary: The purpose of the Federal FiscalYear (FFY) 2019 Homeland Security Grant Program (19HSGP) is to support state, local, tribal, and territorial efforts to prevent terrorism and other catastrophic events and to prepare the Nation for threats and hazards that pose the greatest risk to the security of the United States. The agreement has been reissued for the remaining funds not expended during the original grant period in accordance with the approved work plan. Contract/G TotalAmount 513,362 State Funds 50 Federal Funds S13,362 (pass-thru from WA State Mil Percentage County Funds 0%Matching Funds 50 CFDA# 97.067 HSGP (SHSP) ln-Kind $0 ls ment bein rchased? Yesu Who owns equipment? As d nated in the Work Plan. New Personnel bein hired? No Contact HR hiring - re uirementsrt in Future impacts or liability to Kittitas County: Compliance and audit requirements. Budget Amendment Needed? New Division Created? NO Yes I to be completed when actual expenses/reimbursement have been established No n Why not - Revenue Code 001-3703 193 3397 067 Expense Code 001-3703195XXXX Grant/Contract Review Page 1 Pass Thro lnformation Prosecutor Review Agency to Pass Through NA Amount to Pass Through 5o Sub-Contract Approved Date Has the Prosecutor reviewed this a greement?Yes No CAMAS# 53884 County Departments lm cted Submitted Auditor Facilities Maintenance lnformation Services Human Resource Prosecutor Treasurer Signature: (t**rt;'*tq-*l Department: Sh'eriff Date Assignment of Tracki lnformation Auditor's Office Human Resource 1'-._ Prosecutor's Office 'v / 4L'lfr ?*z//tha Who Signed the grant application Reviewer Date Grant/Contract Review Page 2 Washington State Military ET.AND SECURITY GRANT PROGRAM T FACE SHEET Subr€cipient Name and Address: Kiltltas, County ot Sherlffg Offlce 307 West Umptanum Rd Elleneburs, WA 98926€720 2. Grant Agreemenl Amount: $13,362 3, Grant Agreement Number: E22-260 Subreciplent Contact, phone/email: Danen Hlgash lyama, 509-933-8206 darren.h lgashiyam a@co. klttitae.wa.ua 4.5. GrantAgreement Start Date: Septsmber 1,2OIg 6. Grant Agreement End Date July 31, 2022 7. Oeparlment Contact, phonelemail: Oeborah lle nderso n, 253 .{512-7 47 O deborah.henderuon@mll.wa.oov 8. Data Universal Numbering System (DUNS): 10202517 L UBI # (state revenue): 192-002-673 Hometand Securlty (DHS)Washlnoton State Mllltarv Deoartment ul.)onqr{manfi\ and lha I I G l'lana;rmana af 10. FundingAuthodty: 1 1, Federal Funding ldentification #: EiIIW-20 I 9-SS {00'l'1.S01 12. Federal Award Date: 081812019 CFDA) # & Tttle:1 Assislance # 14. Total Federal Award Amount: $15,581,281 15. Program lndex # & OBJ/SUB-OBJ: 793SL, 793S8, 793SQ, 793SC, 793SH, 793S2' NZ 16. Seruice Districts: BY LEGISLATIVE DISTRICTS: 13 BY CONGRESSIONAL DISTR|CTS: E 17. Service Area by Coung(ies): Kittltas E YES,OMWBE 18. Women/Minority4lt/ned, State Certified: EN/A DNO 19. Agreement Classiftcation tr Personal Services tr Client SeMces El PublicJlocal Gov't tr Research/Derrelopment tr A/E tr Other El Agreement E lnterapencv 20. Contract Type (check allthat apply):[] Contract E Grantfl lntergovernmental (Rcw 39.34) 21. Subrecipbnt Selection Process:I "To allwho apply & qualii/' E Gompetitive Biddingtr Sole Source tr A/E RCW tr N/Atr FileddOFM? tr Advertised? tr YES tr NO 22. Subrecipient Type (chack allthat appty)E Private Organization/lndivldual E For-Profit 8l Public Organization/Jurisdiclion tr Non-ProftD CONTRACTOR El SUERECIPIENT O OTHER Tte purpase of th€ Fedsrel Fiscel Year (FFY) 2019 Homeland Secudty Grant Program (1gHSGP) is lo supporl slate, local, tdbal. and tenitorial efurts lo prever{ lenorism and othel calaslrophic events and lo prepare lhe Nalion for threats and hazards lhal'iose the grealgsl risk to the secudty of the United Stales. 19HSGP provides funding to implem€nl investments lhat build, sustain, and dellver lhe core cipabililies essential lo achieving lhe Nationat Preparedness Goal ol a secure and resllienl Natlon. lgHSGP suppods core capabililles ecross lhe livi mlssion areas of preventioi. protection, Milbalion, Response. and Recovgry based on allowable_..coels..HSGP is conprised of three lnlerconnecled grant progrems: Slale Homelind Secudty Program (SHSP), Urban Areas Secutity lnilialive (UASI), and Operation Slonegarden (OPSG) Togetheri thes'e g=rant programs fund a range dfprepaledrress aclivilies, including planning, organizalion, equipment purchase, kahhg, exercises, ard management and adhhlslration. The Deparlment ls lhe Recident and Pass-lhrough Eniity of lhe 1gHSGP DHS Award Latter for crant No, EMW2019-SS-00044.S01, whtch is incoporaled _in and attached hereto as Atlachment l,and has made a subauard of funds lo the Subrecipient pursuanl lo lhis &reement. The Sukeciplent is accounlsble lo the Oep€rlment for use of Federel arirard lunds proviied under lhis Agreement. lne Sirbrcciplent's Wof|(Flan, Tlmeline, ard Budget for lhe subaward are detailed in Attachment 2. 23. PURPOSE & DESCRIPTION: lNWTNEsswHEREoF'lh€-Departmenland$ublecipientacknowledgeandacceptthe Allafimenls whlch are heteb.y_lnqgPg1atld ln and made a palt hqleot, aqd navc exeanted thls Agreernent adof the date belowitrts Rgreement Fec€ Sheet; SpecialTerms & Condilions (Exldbit A); General Terms and Conditions (Exhibit B); Altaclmrentsl and 2; and all olher documenls, exfrlbits end anachments erylosoly rejegnmd and incorporated herein conlain all lhe.lelms and conditions agreed upon by lhe parlies and govern the dghts and obliga{ons of thepgttbs lo lhis Agreemenl. No olher undeBlandings, oral or olherurise, regarding the subiec{ ftaneiof thii Agreemenlshal be dee-med to exist 6r lo bind any of lhe parlbs hereto. 1. Applicable Federal and State Statutes and Regulations 2. DHS/FEMAAward and program documents 4. Special Tems and Conditions 5. General Terms and Conditions, and, shall be referenc;e, an unless preoedence in ihE following order: and 6. Other of ln the Washington Slate Miiitary Department BOILERPI-ATE APPROVED TO FORM: Brian E. Buchholz, Sr. Assistant Attorney General 9l16t20'19 Signaturf -'Oate Clay Myerc, Sheriff Kittitas County Sheriffs Office APPROVED AS TO FORM (if applicable): +L\qvx on Anne Hesse, Chief Financial Officer 3122t2022 Date FOR THE DEPARTMENT: the parlies hereto have day and year last specified below- FORTHE SUBRECIPIENT; 4tt t q.arra*t alf ha DHS-FEMA-HSGP-SHSP-FFY1 9 Page 'l of 37 Kittitas County, E22-26O Exhibit A SPECIAL TERMS AND CONDITIONS ARTIGLE I. KEY PERSONNEL The individuals listed below shall be considered key personnel for point of contact under this Agreement. Any substitution of key personnel by either party shall bd made by writteh notification to the current kd'y personnel, ' SUBRECIPIENT DEPARTM ARTICLE II. ADMINISTRATIVE AND'OR FINANCIAL REQUIREMENTS The Subrecipient shall comply with all applicable state and federal laws, rules, regulations, requirements and ploqram guidance identified or referenced in this Agreement and the informational documents published by DHS/FEMA applicable to the 19HSGP Program, including, but not limited to, alt criteria, restrictions, and requirements of "The Department of Homeland Security (DHS) Notice of Funding Opportunity (NOFO) Fiscal Year 2019 Homeland Security Grant Program (HSGP)" document, the FEMA Preparedness Grants ilanual document, the DHS Award Letter for Grant No, EMW-2019-SS-00044-S01, and the federal regulations commonly applicable to DHS/FEMA grants, all of which are incorporated herein by reference. The DHS Award Lefter is incorporated in this Agreement as Attachment 1. The Subrecipient acknowledges that since this Agreement involves federal award funding, the period of performance described herein may begin prior to the availability of appropriated federal funds. ihe Sulirecipient agrees that itwill not hold the Department, the state of Washington, orthe United States liable for any damages, claim for reimbursement, or any $pe of payment whatsoever for services performed under this Agreement frior to distribution of appropriated federal funds, or if federal funds are not appropriated or in a particular amount. A. STATE AND FEDERAL REQUIREMENTS FOR DHS/FEMA PREPAREDNESS GRANTS: The following requirements apply to all DHS/FEMA Preparedness Grants administered by the Department. 1. SUBAWARDS & CONTRACTS BY SUBRECIPIENTSa. The Subrecipient must make a case-by-case determination whether each agreement it makesfor the disbursement of 19HSGP funde received under this Agreement casts the party receiving the funds in the role of a subrecipient or contractor in accordance with 2 CFR 200.330. b. lf the Subrecipient becomes a pass-through enti$ by making a subaward to a non-federal entity as its subrecipient: i. The Subrecipient must comply with all federal laws and regulations applicable to pass- through entities of 19HSGP funds, including, but not limited to, those contained in 2 CFR 2AO. ii. The Subrecipient shall require its subrecipient(s) to comply with all applicable state and federal laws, rules, regulations, requirements and program guidance identified or referenced in this Agreement and the informationaldocuments published by DHS/FEMA applicable to the 19HSGP Program, including, but not limited to, all criteria, restrictions, and requirements of the "The Department of Homeland Security (DHS) Notice of Funding Opportunity (NOFO) Fiscal Year 2019 Homeland Security Grant Program (HSGP)' document, the FEMA DHS-FEMA-HSGP-SHSP-FFY19 Page 2 of 37 Kittitas County,E2Z-Z6O Name Darren Hiqashivama Name Deborah Henderson Title Gommander Title Program Coordinator E-Mail darren. hisashivama@co. kittitas.wa. us E-Mail Deborah. henderson@mi l.wa.qov Phone 509-933-8206 Phone 263-612-7470 Name Clay Mvers Name Reaqan Bush Tifle Sheriff Title Program Manager E-Mail G lay.m yerc@co. klttltas.wa. us E-Mail Reagan. bush@m il.wa.sov Phone 509.962-7615 Phone 263.512-7463 Name Sharrle McPherson Name Courtnev Bemus Title Ghief Financial Manaser Title Program Asslstant E-Mail sharrle.m erson@co. klttltas.wa. us E-Mail Courtney.bem us@m il.wa. q ov Phone 509-962-7056 Phone 253-316-&|38 Preparedness Grants Manual document, the DHS Award Letter for Grant No, EMW-2019- SS-00044-S01 2019-SS-00044-S01 in Attachment 1, and the federal regulations commonly applicable to DHS/FEMA grants. iii. The Subrecipient shall be responsible to the Department for ensuring that all 19HSGP federal award funds provided to its subrecipients are used in accordance with applicable federal and state statutes and regulations, and the terms and conditions of the federal award set forth in Attachment 1 of this Agreement. 2. BUDGET, REIMBURSEMENT, AND TIMELINE a. \Mthin the total Grant Agreement Amount, travel, subcontrac{s, salaries, benefits, printing, equipment, and other goods and services or other budget categories will be reimbursed on an actual cost basis upon completion unless otherwise provided in this Agreement. b. The maximum amount of all reimbursement requests permitted to be submitted under this Agreement, including the final reimbursement request, is limited to and shall not exceed the total Grant Agreement Amount. c. lf the Subrecipient chooses to include indirect costs within the Budget (Attachment 2), an indirect cost rate agreement negotiated between the federal cognizant agency for indirect costs and the Subrecipient establishing approved indirect cost rate(s) as described in 2 CFR 200.414 and Appendix Vll to 2 CFR 200 must be submitted to the Department Key Personnel. However, under 2 CFR 200.414(f), if the Subrecipient has never received a negotiated indirect cost rate agreement establishing federally negotiated rate(s), the Subrecipient may negotiate a rate with the Department or charge a de minimis rate of 10% of modified total direc{ costs. The Subrecipient's actual indirect cost rate may vary from the approved rate but must not exceed the approved negotiated indirect cost rate percentage for the time pedod of the expenditures. lf a Subrecipient chooses to charge the 10% de minimis rate, but did not charge indirect costs to previous subawards, a request for approval to charge indirect costs must be submitted to the Department's Key Personnelfor approval with an explanation for the change. d. For travel costs, the Subrecipient shall comply with 2 CFR 200.474 and should consult their internal policies, state rates set pursuant to RCW43.03.050 and RCW43.03.060 as now existing or amended, and federal maximum rates set forth at http://www.osa.oov, and follow the most restrictive. lf havel costs exceed set state or federal limits, travel costs shall not be reimbursed without prior wriften approval by Department Key Personnel. e. Reimbursement requests will include a properly completed State A-19 lnvoice Form and Reimbursement Spreadsheet (in the format provided by the Department) detailing the expenditures for which reimbursement is sought. Reimbursement requests must be submitted to R.qimbursements@mil.wa.qov no later than the due dates listed within the Timeline (Attachment 21. Reimbursement request totals should be commensurate to the time spent processing by the Subrecipient and the Department. f. Receipts and/or backup documentation for any approved items that are authorized under this Agreement must be maintained by the Subrecipient consistent with record retention requirements of this Agreement and be made available upon request by the Department, and federal, state, and localauditors. g. The Subrecipient must request pgpg written approval from Deparlment Key Personnel to waive or extend a due date in the Timeline (Attachment 2) and, once approved, submit those costs on the next scheduled reimbursement due date contained in the Timeline. Waiving or missing deadlines serves as an indicator for assessing an agency's level of risk of noncompliance with the regulations, requirements, and the terms and conditions of the Agreement and may increase required monitoring activities. Any request for a waiver or extension of a due date in the Timeline will be treated as a request for Amendment of the Agreement. This request must be submifted 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. DHS-FEMA-HSGP-SHSP-FFY19 Page 3 of 37 Kiftitas County, E2z-z6o h. All work under this Agreement must end on or before the Grant Agreement End Date, and the final reimbursement request must be submitted to the Department within 45 days after the Grant Agreement End Date, except as otherwise authorized by written amendment of this Agreement and issued by the Department. i. No costs for purchases of equipmenVsupplies 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 vendor. j. Failure to submiltimely, accurate, and complete reports and reimbursement requests as required by this Agreement (including, but not limited to, those reports in the Timeline [Aftachment 2]) will prohibit the Subrecipient from being reimbursed until such reports are submitted and the Department has had reasonable time to conduct its review. k. Final reimbursement requests will not be approved for payment untilthe Subrecipient is current with all reporting requirements contained in this Agreement. l. A written amendment will be required if the Subrecipient expects cumulative transfers among project totals, as identified in the Work Plan and Budget (Attachment 2), to exceed 10% of the Grant Agreement Amount. For SHSP and UASI, if a Subrecipient has only one subproject, cumulative transfers among solution areas within the subproject that exceed IQ% of the Grant Agreement Amount shall require an amendment to this Agreement. For OPSG agreements, budget category totals shall be used to calculate the cumulative transfer. Any adjustrnents lo totals not in compliance with the above will not be reimbursed. m. Subrecipients shall only use federal award funds under this Agreement to supplement existing funds and will not use them to replace (supplant) non-federalfunds that have been budgeted for the same purpose. The Subrecipient may be required to demonstrate and document that the redudion in non-federal resources occurred for reasons otherthan ihe receipt or expected receipt of federal funds. REPORTING a, With each reimbursement request, the Subrecipient shall report how the expenditures, for which reimbursement is sought, relate to the Work Plan (Atlachment 2) activities in the format provided by the Department. b. Wth the final reimbursement request, the Subrecipient shall submit to the Department Key Personnel a final report describing all completed activities under this Agreement. c. The Subrecipient shall comply with the Federal Funding Accountability and Transparency Act (FFATA) and related OMB Guidance consistent with Public Law 109-282 as amended by sec'tion 6202(a) of Public Law 11A-252 (see 31 U.S.C. 6101 note) and complete and return to the Department the FFATA Form located at http://mil.wa.ogvlemergency-management- division/grants/requiredqrantforms; which is incorporated by reference and made a part of this Agreement. d. SHSP and UASI Subrecipients shall participate in the State's Stakeholder Preparedness Review (SPR), the State's Threat and Hazard ldentification and Risk Assessment (THIRA), core capabilities assessments, and data calls. UASI Subrecipients must also participate in the UASI SPR and THIRA. EQUIPMENT AND SUPPLY MANAGEMENT a. The Subrecipient and any non-federalentity to which the Subrecipient makes a subaward shall comply wlth 2 CFR 200.318 - 200.326 when procuring any equipment or supplies under this Agreement, 2 CFR 200.313 for management of equipment, and 2 CFR 2A0314 for management of supplies, to include, but not limited to: i. Upon successful completion of the terms of this Agreement, all equipment and supplies purchased through this Agreement will be owned by the Subrecipient, or a recognized non- federal entity to which the Subrecipient has made a subatvard, for which a contracl, subrecipient grant agreement, or other means of legal transfer of ownership is in place. 3. 4. DHS-FEMA-HSGP.SHSP.FFY 1 9 Page 4 of 37 Kittitas County, E22-280 1t l. Allequipment, and supplies as applicable, purchased underthisAgreementwill be recorded and maintained in the Subrecipient's inventory system. lnventory system records shall include: A. Description of the property; B. Manufacture/s serial number, model number, or other identilication number; C. Funding source for the equipment, including the Federal Award ldentilication Number (FArN); D. Assistance Listings Number (formerly CFDA number); E. \Mro holds the title; F. Acquisition date; G. Cost of the equipment and the percentage of federal participation in the cost; H. Location, use and condition of the equipment at the date the information was reported; L Disposition data including the date of disposal and sale price of the property. iv. The Subrecipient shall take a physical inventory of the equipment, and supplies as applicable, and reconcile the results with the property records at least once every two years. Any differences between quantities determined by the physicalinspection and those shown in the records shall be investigated by the Subrecipient to determine the cause of the difference. The Subrecipient shall, in connection with the inventory, verify the existence, current utilization, and continued need for the equipment. v. The Subrecipient shall be responsible for any and all operational and maintenance expenses and for the safe operation of their equipment and supplies including all questions of liability. The Subrecipient shall develop appropriate maintenance schedules and procedures to ensure the equipment, and supplies as applicable, are well-maintained and kept in good operating condition. vi, The Subrecipient shall develop a control system to ensure adequate safeguards to prevent loss, damage, and theft of the property. Any loss, damage, or theft shall be investigated, and a reporl generated and sent to the Department. vii. The Subrecipient must obtain and maintain all necessary certifications and licenses for the equipment. viii. lf the Subrecipient is authorized or required to sell the property, proper sales procedures must be established and followed to ensure the highest possible return. For disposition, if upon termination or at the Grant Agreement End Date, when original or replacement supplies or equipment acquired under a federal award are no longer needed for the original project or program or for other activities cunently or previously supported by a federal awarding agency, the Subrecipient must comply with the following procedures: A. For Supplies: lf there is a residual inventory of unused supplies exceeding $5,000 in total aggregate value upon termination or completion of the project or program and the supplies are not needed for any other federal award, the Subrecipient must retain the supplies for use on other 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: DHS-FEMA.HSGP.SHSP-FFY1 9 Page 5 of 37 Kiftitas County, E22-26O 1) ltems with a cunent per-unit fair-market value of $5,000 or less may be retained, sold, or otherwise disposed of with no further obligation to the federal awarding agency. 2) ltems with a current per-unit fair-market value in excess of $5,000 may be retained or sold. The Subrecipient shall compensate the federal awarding agency in accordance with the requirements of 2 CFR 200.313 (e) (2). ix. Records for equipment shall be retained by the Subrecipient for a period of six years from the date of the disposition, replacement, or transfer. lf any litigation, claim, or audit is stailed before the expiration of the six-year period, the records shall be retained by the Subrecipient until all liligation, claims, or audit findings involving the records have been resolved. b. The Subrecipient shall comply with the Department's Purchase Review Process, which is incorporated by reference and made part of this Agreement. No reimbursement will be provided unless the appropriate approval has been received. c. Allowable categories for 19HSGP are listed on the Authorized Equipment List (AEL) located on the FEMA website at htto://www.fema.gov/authorized-equinment-list. lt is important that the Subrecipient and any non-federalentity to which the Subrecipient makes a subaward regard the AEL as an authorized purchasing list identifying items allowed under the specific grant program and includes items that may not be categorized as equipment according to the federal, state, local, and tribal definitions of equipment. The Subrecipient is solely responsible for ensuring and documenling purchased items under this Agreement are aulhorized as allowed items by the AEL at time of purchase. lf the item is not identified on the AEL as allowable under HSGP, the Subrecipient must contact the Department Key Personnel for assistance in seeking FEMA approval prior to acquisition. d. Unless expressly provided othenpise, all equipment must meet all rnandatory regulatory and/or DHS/FEMA adopted standards to be eligible for purchase using federal award funds. e. For OPSG Subrecipients, equipment purchased with DHS federal award funds is to be marked prominently with "Purchased with DHS funds for Operation $tonegarden Use" when practicable. f. Procurement of medical countermeasures must be conducted in collaboration with state, ci$, or local health departments that administer federal funds from Health and Human $ervices (HHS) for this purpose and with existing Metropolitan Medical Response System (MMRS) committees where available, to sustain their long-term planning for appropriate, rapid, and local medical countermeasures, including antibiotics and antidotes for nerue agents, cyanide, and other toxins. Procurement must have a sound threat-based justification with an aim to reduce the consequences of rnass casualty incidents during the first crucial hours of a response. Prior to procuring pharmaceuticals, Subrecipients must have in place an inventory management plan to avoid large periodic variations in supplies due to coinciding purchase and expiration dates. Subrecipients are encouraged to enter into rotational procurement agreements with vendors and distributors. Purchases of pharrnaceuticals must lnclude a budget forthe disposal of expired drugs within each fiscal year's period of performance for 19HSGP. The cost of disposal cannot be carried over to another DHS/FEMA grant or grant period. g. The Subrecipient must pass on equipment and supply management requirements that meet or exceed the requirements outlined above to any non-federal entity to which the Subrecipient makes a subaward of federal award funds under this Agreement. 5. ENVIRONMENTALANDHISTORICALPRESERVATION a. The Subrecipient shall ensure full compliance with the DHS/FEMA Environmental Planning and Historic Preservation (EHP) Program. EHP program information can be found at https://www.fema.gov/media-library/assets/documents/85376 all of which are incorporated in and made a part of this Agreement. b. Projects that have historical impacts or the potential to impact the environment, including, but not limited to, construction of communication towers; modification or renovation of existing buildings, structures and facilities; or new construction, including replacement of facilities, must participate DHS-FEMA-HSGP-SHSP-FFY19 Page 6 of 37 Kittitas County , E22-26O in the DHS/FEMA EHP review process prior to project initiation. Modification of existing buildings, including minimally invasive improvements such as attaching monitors to interior walls, and training or exercises 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 consideration, atong with supporting documentation so FEMA may determine whether the 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 approval received by the Subrecipient before any work is started for which reimbursement will be later requested. Expenditures for projects started before comptetion of the EHP review process and receipt of approval by the Subrecipient may not be reimbursed. 6. PROCUREMENT a, The Subrecipient shall comply with all procurement reguirements of 2 CFR Part 200.318 through 200.326 and as specified in the General Terms and Conditions, Exhibit B, A.10. b. For all sole source contracts expected to exceed $250,000, the $ubrecipbnt must submit to the Department for pre-procurement review and approval the procurement documents, such as requests for proposals, invitations for bids and independent cost estimates. This requiremeni must be passed on to any non-federal entity to which the Subrecipient makes a subaward, at which point lhe $ubrecipient will be responsible for reviewing and approving sole source justifications of any non-Gderal entity to which the Subrecipient makes a subaward. 7, SUBRECIPIENTMONITORING a, The Department will monitor the activities of the Subrecipient from award to closeout. The goal of the Department's monitoring activities will be to ensure that agencies receiving 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 retum to the Department the "2 CFR Part 200 Subpart F Audit Certification Form" located at http://mil.wa.qov/emerqencv-management:division/qrants/requiredqrantforms with the signed Agreement and each fiscal year thereafter until the Agreement is closed, which is incorporated by reference and made a part of this Agreement. c. Monitofing activities may include, but are not limited to: i. Review of financial and performance reports; ii. Monitoring and documenting the completion of Agreement deliverables; iii. Documentation of phone calls, meetings (e.9. agendas, sign-in sheets, meeting minutes), e- mails, and correspondence; iv. Review of reimbursement requests and supporting documentation to ensure allowability and consistency with Agreement Work Plan and Budget (Attachment 2), and federal requirements; v. Observation and documentation of Agreement-related activities, such as exercises, training, funded events, and equipment demonstrations; and vi. On-site visits to review equipment records and inventories, to veriff source documentation for reimbursement requests and performance reports, and to veriff completion of deliverables. d. The Subrecipient is required to meet or exceed the monitoring activities, as outlined above, for any non-federal entity to which the Subrecipient makes a subaward as a pass-through entity under this Agreement. e. Compliance will be monitored throughout the performance period to assess risk. Concerns will be addressed through a Corective Action Plan. DHS-FEMA-HSGP-SHSP-FFY19 Page 7 of 37 Kittitas County , E22-260 8. LIMITED ENGLISH PROFTCTENCY (CrVrL RTGHTS ACT OF 1964 TTTLE Vt) The Subrecipient must comply with the Title Vl of the Civil Rights Act of 1964 (fitle Vl) 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 English Proficient Persons, 76 Fed. Reg. 21755-21768, (April 18, 20111. 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 refer to the DHS Recipient Guidance at httos:l/www.dhs.gov/quidFq-qeiublished- helo-department-supoprtgd-oro4nizations-orovide-meaninoful-access-peopl+limileC and additional resources on hft p://www. lep.qov. 9. NIMS COIITIPLIANCE a. The National lncident Management System (NIMS) identifes 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, organizationalactivities, equipping, training and exercising needed to build and sustain the core capabilities in support of the National Preparedness Goal. c. ln order to receive FY 2019 federal preparedness funding, to indude 19HSGP, the Subrecipient will ensure all NIMS objectives have been initiated and/or are in progress toward completion,NIMS lmplementation Objectives are located at https;/lwww.fema.oov/media- libraru/assets/d,gqumetns/1 30743. B. HSGP SPECIFIC REQUIREMENTS 1. The Subrecipient must use HSGP funds only to perform tasks as described in the Work Plan (Attachment 2), as approved by the Department, and in compliance with this Agreement. a. SHSP-funded projects must address high-priority preparedness gaps across all core capabilities that support tenorism preparedness, b. UAS|-funded projects must build, sustain, and deliver the capabilities necessary for high-threat, high-densi$ Urban Areas to prevent, protect against, mitigate, respond to, and recoverfrom acts of terrorism. c. OPSCr-funded projec'ts must enhance cooperation and coordination among Customs and Border Protection, United States Border Patrol, and federal, state, local, tribal, and teritorial law enforoement agencies to support joint efforts to secure the United States' borders along routes of ingress from international borders to include travel corridors in states bordering Mexico and Ganada, as well as states and territories with internationalwater borders. 2. The Budget (Attachment 2) may include the following caps and thresholds: a. lf funds are allotted for Management and Administration (M&A), such expenditures must be related to adminlstration of the grant. The maximum percentage of the Grant Agreement Amount that may be used for M&A costs when allocated under this Agreement shall not exceed 5% but may be less. OHS-FEMA-HSGP-SHSP-FFY19 Page 8 of 37 Kittitas County , EZ2-260 b. At least 25% of the combined HSGP award allocated under SHSP and UASI must be dedicated to law enforcement terrorism prevention activities (LETPA). To meet this requirement, the Subrecipient has agreed, at a minimum, to meet the LETPA percentage indicated in the Budget. lf the Subrecipient anticipates spending less than the indicated amount, a budget amendment is required. c, The maximum percentage of the Grant Agreement Amount that may be used for personnel expenses under this Agreement is identified in the Budget. lf the Subrecipient anticipates spending more on personnel costs, an amendment is required. Additional approval steps may also be required before the personnel percentage can be increased. 3. lf funding is allocated to 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. 4. lf funding is allocated to a Fusion Center investment, the Subrecipient must ensure all Fusion Center analytical personnel demonstrate qualifications that meet or exceed competencies identified in the Common Competencies for state, local, and tribal lntelligence Analysts, which outlines the minimum categories of training needed for intelligence analysts. A certificate of completion of such training must be submitted to the Department Key Personnel as appticable. 5. lf funding is allocated to non-DHS FEMA training, the Subrecipient must request prior approval from the Department Key Personnel before attending the training. The Department will coordinate approval with the State Training Point of Contact. Pursuant to DHS/FEMA Grant ProgramsDirectorate Policy FP 207-008-064-1 (httos://www.fgnra.oov/media- librarv/assets/documents/34856), the lraining 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 federalapprovals are required for courses that relate to Countering Violent Extremism priorto attendance. 6. Subrecipients are required to complete the 2019 Nationwide Cybersecurity Review (NCSR) https:l/www,cisecurity.oro/msisac/services/ncsr to benchmark and measure progress of improving their cybersecurity posture before December 31,2019.|n support of efforts to enhance capabilities for detecting, deterring, disrupting, and preventing acts of terrorism and other catastrophic events, operational overtime costs are allowable for increased protective security measures at critical infrastructure sites or other high-risk locations and to enhance public safety during mass gatherings and high-profile events. However, except for an elevated National Terrorism Advisory System alert, pglggwritten approval is required before SHSP and UASI funds may be used for operational oveilime. Requests must be submitled to the Department Key Personnel in advance of the expenditure to ensure all additional approval steps can be met. 7. Subrecipients are encouraged to participate in the State's annual Training and Exercise Planning Workshop (TEPW or may conduct their own local/regional TEPW. DHS TERMS AND CONDITIONS As a subrecipient of 19HSGP program funding, the Subrecipient shall comply with all appticable DHS terms and conditions of the 19HSGP Award Letter and its incorporated documents for DHS Grant No, EMW-2019-SS-00044-S01, which are incorporated in and made a part of this Agreement as Attachment c. DHS-FEMA.HSGP.SHSP-FFY1 9 Page 9 of 37 Kittitas County, E22-26O Exhibit B A.1 Washington State Military Department GENERAL TERMS AND CONDITIONS Department of Homeland Security (DHS/ Federal Em ergency ll/lanagement Agen cy (FEMA, Grants DEFINlTIONS As used throughout this Agreement, the terms will have the same meaning as defined in 2 GFR 200 Subpart A (which is incorporated herein by reference), except as otheruise set forth below: a. "Agreemenf'means this Grant Agreement, b, "Depadmenf'means the Washington State Military Department, as a state agency, any division, section, office, unit or other entity of the Department, or any of the officers or other officials lawfully representing that Department. The Department is a recipient of a federal award directly from a federal awarding agency and is the pass{hrough entity making a subaward to a Subrecipient under this Agreement. c. "Subrecipienf' when capitalized is primarily used throughout this Agreement in reference to the non-federal entity identified on the Face Sheet of this Agreement that has received a subaward from the Department. However, the definition of "Subrecipient" is the same as in 2 CFR 200.93 for all other purposes. d. 'Monltoring Activities" means all administrative, financial, or other review activities that are conducted to ensure compliancewith allstate and federal laws, rules, regulations, authorities and policies. e. "lnvestmenf' means the grant application submitted by the Subrecipient describing the project(s) for which federal funding is sought and provided under this this Agreement, Such grant application is hereby incorporated into this Agreement by reference. 4.2 ADVANCE PAYMENTS PROHIBITED The Department shall make no payments in advance or in anticipation of goods orservices to be under this Agreement. Subrecipient shall not invoice the Department in advance of delivery and of such goods or services. A.3 AMENpMENTS ANp MOD|FtCAT|ONS The Subrecipient or the Department may request, in writing, an amendment or modification of this Agreement. However, such amendment or modification shall not be binding, take effect or be incorporated herein until made in writing and signed by the authorized representatives of the Department and the Subrecipient. No other understandings or agreements, written or oral, shall be binding on the parties. A.4 AMERICANS WTH DISABILITIES ACT (ADA) OF 1990. PUBLIC LAW 101-336. 42 U.S.C. 12101 ET SEQ. AND ITS IMPLFMFNTING REGULATIONS ALSO REFERRED TO AS THE "ADA- 28 CFR Part 35. The Subrecipient must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilifies in the areas of employment, public accommodations, state and local government services, and telecommunication. A.5 ASSURANCES The Department and Subrecipient agree that all activity pursuant to this Agreement will be in accordance with all the applicable current federal, state and local laws, rules and regulations, 4.6 CERTIFICATION REGARDING DEBARMENT. SUSPENSION. OR INELIGIBILITY As federal funds are a basis for this Agreement, the Subrecipient certifies that the Subrecipient is not presently debarred, suspended, proposed fordebarment, declared ineligible, or voluntarily excluded from participating in this Agreement by any federal department or agency. The Subrecipient shall complete, sign, and refurn a Certification Regarding Debarment, Suspension, lneligibility, and Voluntary Exclusion form located at hjto://mil.Wa.oov/emerqencv-manaoement: divlsjgn{grantF/rg.oulredoraltformq. Any such form completed by the Subrecipient for this Agreement shall be incorporated into this Agreement by reference. DHS-FEMA-HSGP-SHSP-FFY19 Page 10 of 37 Kittitas County,E22-26} provided invoicing Further, the Subrecipient agrees to comply with all applicable federal regulations concerning the federal debarment and suspension system, including 2 CFR Part 180. The Subrecipient certifies that it will ensure that potential contractors or $ubrecipients or any of their principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in "covered transactions" by any federal department or agency. "Cov€red transactions' include procurement conlracts for goods or services awarded under a non-procurement transaction (e.9, grant or cooperative agreement) that ara expected to equal or exceed $25,000, and subawards to Subrecipients for any amount. With respect to covered transactions, the Subrecipient may comply wlth this provision by obtaining a certification statement from lhe potential contractor or Subrecipient or by checking the System forAward Management ftttps://sam.gov/SAM0 maintained bythe federalgovernment. The Subrecipient also agrees not to enter into any arrangements or contracts with any party on the Washington StateDepartment of Labor and lndustries' "Debarred Contrac,tor List" (httpsr//secure.lni.wa.q-o-v/&bal?ndstrike/ContrqctorDebarList.aspx). The Subrecipient also agrees not to enter into any agreements or contracts for the purchase of goods and services with any parg on theDepartment of Enterprise Services' Debaned Vendor List $ttp:llwww.Aes.wa.oorc . 4.7 As required by 44 CFR Part 18, the Subrecipient hereby certilies that to the best of its knowledge and belief: (1) no federally appropriated funds have been paid or will be paid by or on behalf of the Subrecipient to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement; (2) that af any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Agreement, grant, loan, or cooperative agreement, the Subrecipient will complete and submit Standard Form-LLL, 'Disclosure Form to Report Lobbying," in accordance with its instruc-tions; (3) and that, as applicable, the Subrecipient will require that the language of this certification be included in the award documents for all subawards at alltiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and lhat all Subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into and is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. A.8 CO.-MPLIANCE WTH APPLICABLE STATUTES. RULES ANp pEPARTMENT pOLtCtES The Subrecipient and all its contractors and subrecipients shall comply with, and the Department is not responsible for determining compliance with, any and all applicable federal, state, and local laws, regulations, executive orders, OMB Girculars, and/or policies. This obligation includes, but is not limited to: nondiscrimination laws and/or policies, Energy Policy and Conservation Act (PL 94-163, as amended), lhe Americans with Disabilities Act (ADA), Age Discrimination Act of 1975, Title Vl of the Civil Rights Act of 19M, Civil Rights Act of 1968, the Robert T. Siafford Disaster Relief and Emergency Assistance Act, (PL 93-288, as amended), Ethics in Public Service (RCW42.52), Covenant Against Contingent Fees (48 CFR Section 52.20&5), Public Records Act (RCW 42.56), Prevailing Wages on Public Works (RCW 39.12), State Environmental Policy Act (RCW43.21C), Shoreline ManagementAct of 1971 (RCW90.58), State Building Code (RCW 19.2\, Energy Related Building Standards (RCW 19.27A1, Provisions in Buildings for Aged and Handicapped Persons (RCW 7O.92r, and safety and health regulations. ln the event of noncompliance or refusal to comply with any applicable law, regulation, executive order, OMB Circular or policy by the Subrecipient, its contractors or subrecipients, the Department may rescind, cancel, or terminate the Agreement in whole or in part in its sole discretion. The Subrecipient is responsible for all costs or liability arising from its failure, and that of its contractors and subrecipients, to comply with applicable laws, regulations, executive orders, OMB Circulars or policies. A.9 CONFLICT OF INTEREST No officer or employee of the Department; no member, officer, or employee of the Subrecipient or its designees or agents; no member of the governing body of the jurisdiction in which the project is DHS-FEMA-HSGP-SHSP-FFYI9 Page 11of 37 KiltitasCoung,E22-260 undertaken or located; and no other official of the Subrecipient who exercises any functions or responsibilities with respect to the project during his or her tenure, shall have any personal or pecuniary gain or interest, direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to be performed in connection with the project assisted under thls Agreement. The Subrecipient shatl incorporate, or cause to incorporate, in all such contracts or subawards, a provision prohibiting such interest pursuant to this provision, A.1O CONTRACTING & PROCUREMENTa. The Subrecipient shall use a competltive procurement process in the procurement and award of any contracts with contrastors or subcontractors that are entered into under the original agreement award. The procurement process followed shall be in accordance with 2 CFR Part 200.318 General procurement standards through 200"326 Contract provisions. As required by Appendix ll to 2 CFR Part 200, a$ contracts entered into by the Subrecipient under this Agreement must indude the following provisions, as applicable: 1) Contracts for more than the simplified acquisition threshold currently set at $250,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. '1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. 2) All contracts in excess of $10,000 must address termination for cause and for convenience by the non-federal entity including the manner by which it will be affected and the basis for settlement. 3) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, att contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1,3 must include the equal opportunity clause provided under 41 CFR 60-1.a(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935,3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, ''Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Ofiice of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." 4) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). Wren required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-federal entities must include a provislon for compliance with the Davis-Bacon Act (40 U.S.C. 3141- 31M, and 3146-3148) as supplemented by Department of Labor regutations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). ln accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. ln addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subconlrac{ must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland 'Anti-KickbacK' Acl (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontrac{ors on Public Building or Public Work Financed in Wtrole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or Subreciplent must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. 5) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). \Mrere applicable, all contrac.ts 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 DHS+EMA-HSGP-SHSP-FFY19 Page 12 of 37 Kittitas County ,E22-26O 40 U,S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in lhe work week. The requirements of 40 U.S,C.37A4 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 6) Rights to lnventions Made Under a Contract or Agreement. lf the federal award meets the definition of "funding agreement" under 37 CFR 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, or research work under that 'Tunding agreement," the recipient or Subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to lnventions Made by Nonprofit Organizalions and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 7') Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-13871, as amended-Contrac{s and subgrants of amounts in excess of $150,000 rnust contain a provision that requires the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and ihe Federal Water Pollution ControlAct as amended (33 U.$.C. 1251-1387r. Violations must be reported to the federal awarding agency and the Regional Office of the Environmental Proteclion Agency (EPA). 8) Debarment and Suspension (Executive Orders 12549 and 12689)-A contract award (see 2 CFR 180.220) must not be made to parties listed on the government-wide exclusions in the System forAward Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment 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 12il9.9) 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 ol Congress in connection with obtaining any federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are fonrarded from tier to tier up to the non-federal award. 10) Procurement of recovered materials -- As required by 2 CFR 2A0322, a non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conseruation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 lhal 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 energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 11) Notice of awarding agency requirements and regulations pertaining to reporting. 12) Federalawarding agency requirements and regulations pertaining to copyrights and rlghts in data. DHS-FEMA-HSGP-SHSP.FFYl 9 Page 13of37 Kittitas County, E22-280 A.11 4.12 A.13 13) Access by the Department, the Subrecipient, the federal awarding agency, the Gomptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the contractorwhich are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions. 14) Retention of all required records for six years after the Subrecipient has made final payments and all other pending matters are closed. 15) Mandalory standards and policies relating to energy efficiency which are contained in the state energy conseruation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871). b. The Department reserves the right to review the Subrecipient's procurement plans and documents and require the Subrecipient to make changes to bring its plans and documents into compliance with the requirements of 2 CFR Part 200.318 through 200.326, The Subrecipient must ensure that its procurement process requires contractors and subcontractors to provide adequate documentation with sufficient detailto supportthe costs of the project and to allow both the Subrecipient and Department to make a determination on eligibility of project costs. c. All contracting agreements entered into pursuant to this Agreement shall incorporate this Agreement by reference DISCLOSURE The use or disclosure by any party of any information conceming the Department for any purpose not directly connected with the administration of the Departmenfs or the Subrecipient's responsibilities with respect to services provided under this Agreement is prohibited except by prior written consent of the Department or as required to comply with the state Public Records Act, other law or court order. DISPUTES Exoept as otherwise provided in this Agreement, when a bona fide dispute arises between the parties and it cannot be resolved through discussion and negotiation, either party may request a 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 panel shall consist of a representative appointed by the Department, a representative appointed by the $ubrecipient and a third party mutually agreed upon by both parties. The panel shall, by majority vote, resolve the dispute. Each party shall bear the cost for its panel member and ils attorney fees and costs and share equally the cost of the third panel member. -L-FgAL R.ELATTONS It is understood and agreed that this Agreement is solely for the beneffi of the parties to the Agreement and gives no right to any other party. No joint venture or partnership is formed as a result of this Agreement, To the extent allowed by law, the Subrecipient, its successors or assigns, will protect, save and hold harmless the Department, the state of Washington, and the United States Government and their authorized agents and employees, from all claims, actions, costs, damages or expenses of any nature whatsoever by reason of the acts or omissions of the Subrecipient, its subcontractors, subrecipients, assigns, agents, contractors, consultants, licensees, invitees, employees or any person whomsoever arising out of or in connection with any acts or activities authorized by this Agreement. To the extent allowed by law, the Subrecipient further agrees to defend the Department and the state of Washington and their authorized agents and employees in any litigation; including payment of any costs or attorneys' fees for any claims or action commenced thereon arising out of or in connection with acts or activities authorized by this Agreement. This obligation shall not include such claims, costs, damages or expenses which may be caused by the sole negligence of the Department; provided, that if the daims or damages are caused by or result from the concurrent negligence of (1) the Department, and (2) the Subrecipient, its agents, or employees, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the Subrecipient, or the Subrecipient's agents or employees. lnsofar as the funding source, the Department of Homeland Securig (DHS)/Federal Emergency Management Agency (FEMA), is an agency of the Federal government, the following shall apply: DHS-FEMA-HSGP.SHSP-FFY1 9 Pagp 14 of37 Kittitas Cou nty, E22-260 4.14 A.15 4.16 4.17 A.18 4.19 4.20 44 CFR 206.9 Non-liabilitv. The Federal government shall not be liable for any claim based upon the exercise or performance of, or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of the Federal government in carrying out the provisions of the Stafford Act. Ll M TTAT|OAI OF AUTHOR|TY - AUTHORTZED StG NATU RE The signatories to this Agreement represent that they have the authority to bind their respective organizations to this Agreement. Only the Department's Authorized Signature representative and the Authorized Signature representative of the Subrecipient or Alternate for the Subrecipient, formally designated in writing, shall have the express, implied, or apparent authority to alter, amend, modiff, or waive any clause or condition of this Agreement. Any alteration, amendrnent, 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. Further, only the Authorized Signature representative or Alternate for the Subrecipient shall have signature authority lo sign reimbursement requests, time extension requests, amendment and modification requests, requests for changes to projects or work plans, and other requests, ceilifications and documents authorized by or required under this Agreement. LOSS OR REDUCTION OF FUNDING ln the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement and prior to normal completion or end date, the Department may unilaterally reduce the work plan and budget or unilaterally terminate all or part of the Agreement as a "Termination for Cause' without providing the Subrecipient an opportunig to cure. Alternatively, the parties may renegotiate the terms of this Agreement under "Amendments and Modifications" to comply with new funding limitations and conditions, although the Department has no obligation to do so. NoNA$STGNAFILJry Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by the Subrecipient. NONDISCRIMlNATION The Subrecipient shall comply with all applicable federal and state non-discrimination laws, regulations, and policies. No person shall, on the grounds of age, race, creed, color, sex, sexual orientation, religion, national origin, marital status, honorably discharged veteran or military status, or disability (physical, mental, or sensory) be denied the benefits of, or otherwise be subjected to discrimination under any project, program, or activity, funded, in whole or in part, under this Agreement. NOTICES The Subrecipient shall comply with all public notices or notices to individuals required by applicable local, state and federallaws and regulations and shallmaintain a record of this compliance. OCCUPATIONAL SAFETY/HEALTH ACT and WASHINGTON INDU$TRIAL SAFEffiHEALTH AGT (OSHAM/ISHA) The Subrecipient represents and warrants that its workplace does now or will meet all applicable federal and state safety and health regulations that are in effect during the Subrecipient's performance under this Agreement. To the extent allowed by law. the Subrecipient further agrees to indemnify and hold harmless the Department and its employees and agents from all liability, damages and costs of any nature, including, but not limited to, costs of suits and attorneys' fees assessed against the Department, as a result of the failure of the Subrecipient to so comply. owN ERS H r P OF PROJECT/9AE.|TAL FAC! LIIIFS The Department makes no claim to any capitalfacilities or real property improved or construc'ted with funds under this Agreement, and by lhis subaward of funds does not and will not acquire any ownership interest or title to such property of the Subrecipient. The Subrecipient shall assume all liabilities and responsibilities arising from the ownership and operation of the project and agrees to indemnify and hold the Department, the state of Washington, and the United States government harmless from any and all causes of action arising from the ownership and operation of the project, DHS.FEMA.HSGP.SHSP.FFY 1 9 Page 15of37 Kittitas Coun$, e22-28A 4,21 4.22 A,23 4.24 4.25 POLITICAL ACTIVITY No portion of the funds provided herein shall be used for any partisan political activity or to further the election or defeat of any candidate for public office or influence the approval or defeat of any ballot issue. PROHTBTT|ON AGATNST PAYMENT OF BONUq OR COMMTSSTON The assistance provided under this Agreement shall not be used in payment of any bonus or commission for the purpose of obtaining approval of the application for such assistance or any other approval or concurren@ under this Agreement provided, however, that reasonable fees or bona fide technical consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if othenrise eligible as project costs. PUBI,.ICITY The Subrecipient agrees to submit to the Department prior to issuance all advertising and pubticity matters relating to this Agreement wherein the Department's name is mentioned, or language used from which the connection of the Department's name may, in the Department's judgmeni, be infened or implied. The Subrecipient agrees not to publish or use such advertising and publicity mafters without the prior written consent of the Department. The Subrecipient may copyright original work it develops in the course of or underthis Agreement; however, pursuant to 2 CFR Part 200.315, FEMA reserves a royalty- free, nonexclusive, and inevocable license to reproduce, publish or othennrise use, and to authoriie others to use the work for govemment 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 ltatement that the publication does not constitute an endorsement by FEMA or reflect FEMA's views. REqAPTURE PROV|S|ON ln the event the Subrecipient fails to expend funds under this Agreement in accordance with applicable federal, state, and local laws, regulations, and/or the provisions of the Agreement, the Oelirtment reserves the right to recapture funds in an amount equivalent to the extent of noncompliance. Such right of recapture shall exist for the life of the projecl following Agreement termination. Repayment by the Subrecipient of funds under this recapture provision shall occur within 30 days of demand. tn the event the Depailment is required to institute legal proceedings to enforce the recapture provision, the Department shall be entitled to its costs and expenses thereof, including attomey fees from the Subrecipient. RECORDSa. The Subrecipient agrees to maintain all books, records, documents, receipts, invoices and all other electronic or written records neessary to sufficiently and properly reflect the Subrecipienfs contracts, subawards, grant administration, and payments, including all direct and indirect charges, and expenditures in the performance of this Agreement (the "records). b. The Subrecipient's records related to this Agreement and the projects funded may be inspected and audited by the Department or its designee, by lhe 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 lo determine the appropriate level of funding to be paid under the Agreement. c. The records shall be made available by the Subrecipient for such inspec{ion and audit, together with suitable space for such purpose, at any and all times during the Subrecipient's normal working day. d. The. Subrecipient shall retain and allow access to all records related to this Agreement and the funded project(s) for a period of at least six (6) years following final payment and closure of the grant under this Agreement. Despite the minimum federal retention requirement of three (3) years, the more stringent State requirement of six (6) years must be followed. 4.26 \Mrile the Department undertakes to assist the nt the proJecUstatement of work/work plan (project) by providing federal award funds pursuant to this Agreement, the projec't itself remains the sole responsibility of the Subrecipient. The Department undertakes no responsibilig to the Subrecipient, or to any third party, other than as is expressly seil out in this Agreement. DHS-FEMA-HSGP-SHSP-FFY19 Page 16 of 37 Kittilas County,E22-261 4.27 4.28 The responsibility for the design, development, construction, implementation, operation and maintenance of the project, as these phrases are applicable to this project, is solely that of the Subrecipient, as is responsibility for any claim or suit of any nature by any third party related in any way to the project. Prior to the start of any construction activity, the Subrecipient shall ensure that all applicable federal, state, and local permits and clearances are obtained, including, but not limited to, FEMA compliance with the National Environmental Policy Act, the National Historic Preservation Act, the Endangered Species Act, and allother environmental laws, regulations, and executive orders. The Subrecipient shall defend, at its own cost, any and all claims or suits at law or in equity, which may be brought against the Subrecipient in connection with the project. The Subrecipient shall not look to the Department, or to any state or federal agency, or to any of their employees or agents, for any performance, assistance, or any payment or indemnity, including, but not limited to, cost of defense 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. SEVERABTL]LY lf any court of rightfuljurisdiction holds any provision or condition under this Agreement or its application to any person or circumstances invalid, this invalidig does not affect other provisions, terms or conditions of the Agreement, which can be given effect without the invalid provision. To this end, the terms and conditions of this Agreement are declared severable. SINGLE AUDIT AGT REQUIREMENTS (includino all AMENDMENTS) The Subrecipient shall comply with and include the following audit requirements in any subawards, Non-federal entities, as $ubrecipients of a federal award, that expend $750,000 or more in one fiscal year of federal funds from all sources, direct and indirect, are required to have a single or a program- specific audit conducted in accordance with 2 CFR Part 200 Subpart F. Non-federal entities that spend less than $750,000 a year in federal awards are exempt from federal audit requirements for that year, except as noted in 2 CFR Part 200 Subpart F. As defined in 2 CFR Part 200, the term "non-federal entity" means a state, local government, lndian tribe, institution of higher education, or nonprofit organization that canies out a federal award as a recipient or subrecipient. Subrecipients that are required to have an audit must ensure the audit is performed in accordance with Generally Accepted Government Auditing Standards (GAGAS) as found in the Government Auditing Standards (the Revised Yellow Book) developed by the United States Comptroller General and the OMB Compliance Supplement. The Subrecipient has the responsibility of notiffing its auditor and requesting an audit in compliance with 2 CFR Part2QO Subpart F, to include the Washington State Auditor's Office, a federal auditor, or a public accountant performing work using GAGAS, as appropriate. Costs of the audit may be an allowable grant expenditure as authorized by 2 CFR Part 200.425. The Subrecipient sha{l maintain auditable records and accounts so as to facilitate the audit requirement and shall ensure that any subcontradors also maintain auditable records. The Subrecipient is responsible for any audit exceplions 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 conective action concerning audil 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 Conective Action Plan to the Department at the following address no later than nine (9) months after the end of the Subrecipient's fiscal yea(s): Was hington Mil itary Department AfiN: Contract's Office 1 Militia Drive; TA-20 Camp Murray, WA 98430-5032 The Subrecipient must send a completed '2 CFR Part 200 Subpart F Audit Certification Form" (https:/lwww.mil.wa.oov/emeroency-manaqementdivision/grants/requiredgraqtfprylg) to the Department at the address listed above before this Agreement is executed and timely submit annual updates to the DHS-FEMA-HSGP-SHSP.FFY'I9 Page 17 of37 Kittitas County . E22-26O A.29 4.30 4.31 4.32 Department every year thereafter, and if the Subrecipient is claiming it is exempt from the audit requirements of 2 CFR Part 200 Subpart F include an explanation of the criteria for exemption. The Department retains the sole discretion to determine whether a valid claim for an exemption from the audit requirements of this provision has been established. Conducting a single or program-specific audit in compliance with 2 GFR 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 percenlage of federal awards being withheld untilthe audit is completed in accordance with 2 CFR Part 200 Subpart F; the withholding or disallowing of overhead costs; the suspension of federal awards until the audit is conducted and submitted; or termination of the federal award. SUBRECIPIENT NOT EMPLOYEE The parties intend that an independent contractor relationship will be created by this Agreement. The Subrecipient, and/or employees or agents performing under this Agreement are not employees or agents of the Department in any manner whatsoever. The Subrecipient will not be presented as, nor claim to be, an officer or employee of the Department by reason of this Agreement, nor will the Subrecipient make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of the Department or of the siate of Washington by reason of this Agreement, including, but nol limiied to, Workrnen's Compensation coverage, unemployment insurance benefits, social security benefits, retirement membership or credit, or privilege or benefit which would accrue to a civil service employee under Chapter 41.06 RCW. It is understood that if the Subrecipient is another state deparlment, state agency, state university, state college, state 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 LICENSES Unless otherwise provided in this Agreement, the Subrecipient shall be responsible for, pay and maintain in current status alltaxes, unemployment contributions, fees, licenses, assessments, permit charges and expenses of any other kind for the Subrecipient or its staff required by statute or regulation that are applicable to Agreement performance. TERMT NATTON FOR-CONVENTENCE Notwithstanding any provisions of this Agreement, the Subrecipient may terminate this Agreement by providing wdtten notice of such termination to the Department Key Personnel identified in the Agreemeni, specifying the effective date thereof, at least thirty (30) days prior to such date. Exept as otherwise provided in this Agreement, the Depaftment, in its sole discretion and in the best interests of the state of Washington, may terminate this Agreement in whole or in part by providing ten (10) calendar days written notice, beginning on the second day after mailing to the Subrecipient, Upon notice of termination for convenience, the Department 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 liable for all damages as authorized by law. The rights and remedies of the Department provided for in this section shall not be exclusive and are in addition to any other rights and remedies provided by law. TERMTNATTON OR SUSPENSTON FOR CAUSE ln the event the Department, in its sole discretion, delermines the Subrecipient has failed to fulfill in a timely and proper manner its obligations under this Agreement, is in an unsound financial condition so as to endanger performance hereunder, is in violation of any laws or regulations that render the Subrecipient unable to perform any aspect of the Agreement, or has violated any of the covenants, agreements or stipulations of this Agreement, the Department has the right to immediately suspend or terminate this Agreement in whole or in part. The Department may notify the Subrecipient in writing of the need to take corrective action and provide a periodof time in which to cure. The Department is not required to allow the Subrecipient an opportunity to cure if it is not feasible as determined solely within the Department's discretion. Any time ailowed for cure shall not diminish or eliminate the Subrecipient's liability for damages or othenrise affect any other remedies available to the Department. lf the Department allows the Subrecipient an oppoftunity to cure, DHS-FEMA-HSGP-SHSP-FFY1 9 Page 18 of 37 Kiltitas County, E22-280 A.33 the Department shall notify the Subrecipient in writing of the need to take conective action. lf the corective action is not taken within ten (10) calendar days or as otherwise specifled by the Department, or if such corrective action is deemed by the Department to be insufficient, the Agreement may be terminated in whole or in part. The Department reserves the right to suspend all or part of the Agreement, withhold further payments, or prohibit the Subrecipient from incurring additional obligations of funds during inves{igation of the alleged compliance breach, pending corective action by the Subrecipient, if allowed, or pending a decision by the Department to terminate the Agreement in whole or in part. ln the event of termination, the Subrecipient shall be liable for all damages as authorized by law, including, but not limited to, any cost difference between the original Agreement and the replacement or cover Agreement and all administrative costs directly related to the replacement Agreement, e.g., cost of administering the competitive solicitation process, mailing, advertising and other associated staff time. The rights and remedies of the Department provided for in this section shall not be exclusive and are in addition to any other rights and remedies provided by law. lf it is determined that the Subrecipient (1) was not in default or material breach, or (2) failure to perform was outside of the Subrecipient's control, fault or negligence, the termination shall be deemed to be a "Termination for Convenience". TERMI NATION PROCEDURES ln addition to the procedures set forth below, if the Department terminates this Agreement, lhe Subrecipient shall follow any procedures specified in the termination notice. Upon termination of this Agreement and in addition to any other rights provided in this Agreement, the Department may require the Subrecipient to deliver to the Department any property specifically produced or acquired for the performance of such part of this Agreement as has been terminated. lf the termination is for convenience, the Department shall pay to the Subrecipient as an agreed upon price, if separately stated, for properly authorized and completed work and services rendered or goods delivered to and accepted by the Department prior to the effective date of Agreement termination, the amount agreed upon bythe 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 c-ompleted work and services andlor equipment or supplies provided which are accepted by the Department, (iii) other work, services and/or equipment or supplies which are accepted by the Department, and (iv) the protection and preservation of property. Failure to agree with such amounts shall be a dispute within the meaning of the "Disputes" clause of this Agreement. lf the termination is for cause, the Department shall determine the extent of the liabilig of the Department. The Department shall have no other obligation to the Subrecipient fortermination. The Department may withhold from any amounts due the Subrecipient such sum as the Department determines to be necessary to protect the Department against potential loss or liability. The rights and remedies of the Department provided in this Agreement shall not be exclusive and are in addition to any other rights and remedies provided by law. After receipt of a notice of termination, and except as otherwise directed by the Department in writing, the Subrecipient shall: Stop work underthe Agreement on the date, and to the extenl specified, in the notice; 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; Assign to the Department, in the manner, at the times, and to the extent directed by the Department, all of the rights, tille, and interest of the Subrecipient under the orders and contracts 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; Settle all outstanding liabilities and all claims arising out of such termination of orders and contracts, with the approval or ratification of the Department to the extent the Department may require, which approval or ratification shall be final for all the purposes of this clause; a. b. c. d DHS-FEMA-HSGP-SHSP-FFY 1 9 Page 19 ol 37 Kittitas County . E22-26O 4.34 4.35 4.36 e. Transfer title to the Department and deliver in the manner, at the times, and to the extent directed by the Department any property which, if the Agreement had been completed, would have been required to be furnished to the Department; f. Complete performance of such part of the work as shall not have been terminated by the Department in compliance with all contractual requirements; and g. Take such action as may be necessary, or as the Department may require, 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. UTILIZATION OF MINORITYAND WOMEN BUSINESS ENTERPRISES (MTA/BH. The Subrecipient is encouraged to utilize business firms that are certified as minority-owned and/or women-o\i/ned in carrying out the purposes of this Agreement. The Subrecipient may set utilization standards, based upon local conditions or may utilize the state of Washington MWBE 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 govemed by, the laws of the state of Washington. Venue of any suit between the parties arising out of this Agreement shall be the Superior Court of Thurston County, Washington. The Subrecipient, by execution of this Agreernent, acknowledges the jurisdiction of the courts of the state of Washington. wAryERS No conditions or provisions of this Agreement can be waived unless approved in advance by the Department in writing. The Department's failure to insist upon strict performance of any provision of the Agreement or to exercise any right based upon a breach thereof, or the acceptance of any performance during such breach, shall not constitute a waiver of any right under this Agreement. DHS-FEMA-HSGP-SHSP.FFYl 9 Page 20 of 37 Kittitas County . E22-2O0 ATTACHMENT 1 FFY19 HSGP Award Documents EMW-201 9-SS -00044-S01 U,S Doparfnent of Homeland Security Washinglon. D.C 20!.72 Brsl Dsugherly Washinglon Military 0 epartmefi Building 20 Camp Munay,WAge4fl - 5122 Ra: Grant No ElvlW-201$S$m11 0ear &et 0augherty Congratulations, on behalf of the Deparlmenl of Homeland Security, pur application for financial assislanca submitled under ihe Fiscal Year (FY) 2019 Homdand Sacurily Grenl Program has ba an a pproved in tr s amounl of tl5"581 28,l.fi). Yru ars nol required to rnatch ftie award wih any emounl of nonFederalfonds. Before you raquesl and receiv e any of lhe Fedem I funds awarded t0 you, you must sstablish acceplance of lha ayrard. By accepfing lhis arvad, you adtnowladge lhat lhs lerms of lhe following docum enls a re incorporalad into ths bme of pur arard: , Agreemont Alicles (attachad lo lhis Avrard Letler). Obligaling Doomenl (attached lo lhis Award Letler). FY 2019 Homeland Secudty Grant Program Notice of Funding Opportunity". FEtvlA Prcparednass Grents Manual Please make EJro you read, underdand, and maintain r copy of lhese documenls in your olficiel lile for this award. ln order lo establish acceplance of he award and ile leme, please fullow lhese insbuctions: Slep 1: Pleaso log in lo lhe ND Granls systom at htps://portal.fema gov Slep 2: Afler logging h, you vill gge the Home page with a Pendrng Tasks menu, Click on the Pending Tad<s menu, eelect fie Applicalion sub-menu. and hen click the link for 'Award Ofier Reviev/' tasks This link wil nwigate you lo Award Packages lhal ara panding revieu. Slep 3: Cli* fre Reviaw Award Package icon (wnndt) to rcriew lhe Award Package and accopl 0r dadrne lhe arad. Please savo or print the Award Package for pur records. Sydem for Award Managemenl (SAlv{): Gtant recipiante are lo keep all of fieir information up lo date in SAM, in partbular, your otganizalion'g name. addtess, DUNS number, EIN and banking lnfurmalion. Plgasa ensurc that lhe DUNS number used in SA[,1 is the same onc used lo apply for all FEMA arvards. Fuirre paymenls wiil be conlingenl on lhe infornalion prorided in lhe SAM; lharefore, il is impenlive lhal the hformetion is co nect The Syslem fo r Award Ma nagemenl is located at hilro:// w$/w.sam.goy. lf you have any queslions or have updated your informalion in SAhl, please let your Granle Management Specialist (OMS) know as soon as possible. This will help us lo make tha necossary updates and avoid any interruptions in lhe paymenl pr0c€ss. BRIOGEI ETIEN BEAII GPD AssidantAdministalor DHS-FEMA-HSGP-SHSP-FFY1 9 Page 21 ot 37 Kttiias county, E22-260 jg*:--.tll1$- *- 5[n Eep61O0:mfrA 6lif tOig GRAI{TEE: PROGRAM: AGREEOIEIIT NUMBER: U.S. Department of Homeland Security Washington, D,C.20472 Ailide I Adide ll Ailide lll Ailide lV Adida V Adide Vl AtideVl AlideVll Aiide lX &lideX Adida Xl Attide Xll Ailide Xlll AGREEIItlENT ARTICTES Homsland Seandty Granl Program Washington Mllnary De partment Homeland Secuilty Grani Program EluW- 20 1 9- SSS0lf 4- Sl 1 TABLE OF CO]ITEIITS Surnmary Descriplron of Award Acceplance ofPod Avrard Changes Pro r App rova I for Mod ilicalion of Ap prov ed Bud gs t Disposition of Equipment Acquired Under the Federal Award Asanrances, Adminisbative Requiements, Cosl Principles, Representalion and Cerlifications DHS Specific Acknowledgements and Assurance s Acknowledgemenl of Faderal Funding fiom DHS Acliv ities C o ndu c{ed Abro ad Age Discriminatbn Act of 1975 Americans with Disabilities Acr of 1990 Bsst Practioesfor Colledion and Use of Permnally I denlilia ble lnfomation (Pll) Civil Righls Act of 196'l - Title Vl Civil Righrs Ac1 of .l968 DHS-FEMA-HSGP-SHSP-FFY1 9 Page 22 of37 Kittitas County, E22-26O Article XIV tuticle )0/ Artiole X/l Aftiole )O/ll Article )(Vlll Article XX tuticle )O( ftticle )0(l Adicle )0(ll Arlicle )O(ll &ticle )O(lV Artiole )O(V tulicle )O(Vl tutiola )O(Vll Alticle )O(Vlll Mide )O(X Article )OO( Article )Ofil Aticle )00(l Article )00(ll Adicle D(XIV Adicle )O(XV Atiole )O(X/l Oopyright Debarment and Suspersion Dng-Free ll\tbrkplace Regulations Duplication of Benefits Edrcalion Amendrnents of 1972 (Eqml Opportunity in Educatlon Act) - Title lX Enelgy Policy and Conseruation Act Fals€ Clairns Act and Rogram Fraud Civil Remedes Federal Debt Shtns F€deral Leadereh{p on Reduoirq Text Messagrrq while Drlving FlyAmedca Ad.ol1974 Hoteland Motel Fire Safety Ad of 1990 Umited English Profioiency {Civil Rights Acl of 1964, Tiile Vt} Lobbyiqg Prohibitions Natbml Eruironmenhl Polisy Ac.t Nondiscrimimtion in Matters Fertaining to FaittrBased Oganizatiors NonSupphntlrg Requircnrcnt Notice of Funding Oppoftunity Requiremenb Patents and lntellecfual Property Riglrts Procurernert of Recwered Matedals Rehabllitation Act of 1973 Reporting of Matters Related to Recipierf lntegdty ard Performarrce Reporling Subawards and Executive Compensation SAFECOM DHS-FEMA.HSGP-SHSP-FFY 19 Page 23 of 37 Kittitas County, E22-26O &ticle)fiX/ll Aticte )c()uilt tuliole)0fi1X Micle )O tulicle )Gl Arlicle )(Lll Aticle)(Llll Atilcle )Glv Terrorist Financing Trafficking Victirm Protection Act of 2000 Universal ldentifier and System for Award Managenrent USA Patriot Act of 2001 Use of DHS Seal, Logo and Flags Wti$leblower Protec-tion Ad Environmental Hanning and Historic Preservation Operation Stmegarden Program Hold Ar0cle I . Summary Descrlpdon otAmrd The purpose of the FY 2019 HSGP is to sqpoil state and local efforts to pevent tenorism and other catastrophic everils and to gepare the Nation for the threab and hazards that pose the gneatest risk lo the security of fre United $tates. Th€ HSGp prwides fundlng to implement lnve$ments that build, sustain, and deltuer lhe 32 core capabilities essential to achieving the National Reparedness Goal of a secure and resilient Mtion. Among the five basb horneland security mlssions noted in the DllS Quadrennial Horneland Security ReMew, HSGP suppods the goal to Strcnghen National Reparedness ard Resilienoe. The building, sustainmenl, and delivery of lhese core capabilities are not exclmlve to arry sirgle level of govemment, organization, or community, fut rather, require lhe combf ned efiort of the whole cornmunity. This HSGP award conslsls of Sbte Homeland Security Progmm (Sil-lSP) funding in the arnount of $7,0fr),000, Urban Area Security lnitiative (UAS|) furu$rB in the arlowt of $6,fi)0,fi)0, and Operation Stonegarden (OPSG) furdirp in the amount of $2,581,281. The follorrrlng comtbs shall receiv€ Opera0on Stonegprden sr$ararG for the lollowirg amourns: Gallam, $450,000; Colville, 955,393; Fetry, $125,000; lsland, $203,386;Jamedown SKlallam, $75,000; Makah, $72,043; Nooksaoh $105,262;Okanogan, $2€fi)0; Fend Oreille, $150,232; Quileute, $75,0il); San Jun, $160,750; Sl€git, $42,240; Spokane, $150,2F0; Sle/ert, $170,000, Srlnomlstt, $90,7fl); lA/hatcom, $411 ,000. These grant prograrns fund a lttnge of activities, inoluding planning, organiation, equlpnnnt purchase, training, exercbos, ard rnanagernenl and adninistration across all core capaHlities ind misdon areas. Arllcb ll . Acceprtance ol Post Arard Changes ln the event FEMA determirres that changes are neoessary to the award doct"vned after an award has been made, irrcluding changEs to Petlod ot perfornErEe or ternrs and conditlons, reclpbnb wlll b€ rFffied of the changes in writing. Orrce notilication has been made, any subseqr.rent reque$ for funds will indicale reclpient ameflanoe of the charges to the award Hease call the FEMA/GMD Call Center at (866) 927-564{l or via e-mail to AS'K-GMDlOdhs.gov lf you have arry qr.restions Artlcle lll. Prlor Approval for tt/lodlflcatbn of Approved Budget Before nakirg any change to the DHS/FEMA appro/ed budget for this award, you rnst request prior written appoval fiom DHSIFEMA where requlred by 2 C.F.R. Secton 200,308. DHS/FEMA ls also diltrlng lls discrelion to lmpose an dditionat restdc{ion under 2 C,F,R. Sect}on i00,308(e) regarding the trarsfer of lmds arnong direct oost categorieg programg functkrns, or activities, Therefore, for awards wiUr an approved h.rdget where the Federal slnre is giabr nanlhe simplifiecl acquisition threslnld (currently 9250,000), you may mt transfer funds armng direct oost categodee, prograre, functom, or ac'tiviti€s without prior written approval ftom DHS/FEMA where lhe cumulative amount of sr.rch lransfers exceeds or ls expedBd lo erceed ten percent (10%) of the btal fudget DHS/FEMA h$ approved. You rnust report arry deviations from your DIISIFEMA approved tudget ln the first Federal Flnancial Repod (SFa25) you submit following arry budget deviation, r€ardless of whether the budget devlaton requires prior wrltten approval_ Ar[ch lV - Dbposluon ot EqulprFnt Acqulred Under tfio Federal Award DHS-FEMA-HSGP-SHSP.FFY,I 9 Page 24 ot 37 Kittitas County, E22-26O Wten original or replacernent equipnrent acquired under this award by the reciplent or fts subrecipients is m longer needed for the orlghal project or program or for other activities cunently or prwiously suppoded by DH$/FEMA, you ru.rsi requeS instnrctions from DHS/FEMA to rnal€ poper disposition of the equipm€nt pursuant lo 2 C.F.R. Section 200.313. Arflcb V - Assurancas, Adndnlstratlve Requlrerrnts, Cost Prlnclphs, Representaflon and Certllcatons DH$ financial assistanoe reoiperrts ntr.st complete eiher the Oflice of Managencnt and &.rdget (OMB) Standard Form 4248 Assurancas- NonCorntruo-tion Programs, or OMBStandard Form 424D Assurances - ConstRrction ftograrns, as applicable. Certain assurances ln lhese documenb may not be applicaHe to your program, and the DHS finarrcial assistance o*ib lOfrSFAO) may require applicants b certiff additional assurances. Applicants are requhed io fill out tlre assurarEes applioable to their program as instnrcted by the arnarding agency. Please conbct the DHS FAo if you have arry que$ions. DHS financial assisbrce reoipients are required to follow the applicable prwisions of the Uniform Administrative Reguirernents, Cost Princlples, and Audit Requirements for Federal Awards located al TiUe 2, Code of Fedenl Regulafions (C.F.R.) Part 200, ard adopted by DHS at 2 C.F.R. krt 0002. Arllcle Vl . DHS Sp€cffic Acknowledgements and Assurances All reoipients, subeciSients, suocessos, transfereag and assigrees mr.st acknowledge and agree lo comply with apflicable provigom governing DHS access to records, accountg documerls, infornntion, facilides, ard staff. 1. Recidents must cooperatewith any mmpliance revieweor compliarrce investigatiors condr.rcted by DHS. 2. Recipents must give DHS access b, and the dght to examine and copy, rsoords, accountq and other documents ard Eources of lnformation related to the federal financlal assistance award and permit accees to facilitieq personnet, and other individuals and information as ray be nece*ary, as required by DHS regulations and other applicaHe laws or program guidance. 3. Recipients must suhnit timely, complete, ard accurate reports to lhe appopriate DHS officials and maintain appropriate baclap documentation to support the repotts. 4. Reclpienta must comply.with all other speclal reportirg, dala collection, and evaluation requlrernents, as presoibed by law or detailed in program guidanoe. 5. ReciSients of fedenal financial assistance from DHS musl complele the DHS ClVll Rights Evalntkn Td wrthin thirty (30) days ol receifl of the Notice of Award or, for State Administerirrg Agernies, thifiy (30) days from receipt of the DHS Civli Rights Evalmtion Tool from OHS or lts awarding conrponent agency. ReciFients are reqJired to provide lhis inforrnation onoe every two (2) years, not every time an awald b made. After the initial suhxnission for the first award urder which thls term applies,,recipients are only requircd to suhnit updates every lwo years, not wery tire a grant ie awar@d. Reciplenh should submit the completed tool, includirq supporting materials, to CivilRighbEvaluation@hq.dhsgov. Thls loolclarifib ttre clvit righb obligations and r€lated reportirg regulrernents oontained in the DHS Standad Terms arrd Corrditions. Subrecipients are not requked to compeb and subrnit thb tool to DHS. The e€luation tool san be found at htpo:/iwww.dlr.govpr.blication/dhs- civil-ri g hte-eva luation-tool. ArUcle Vll . Acknowhdgement of Federal Fundlng from DllS Reoipients must aokrrowledge their uge of federal funding when issuirB statemenb, press releases, requesb for proposal, bid invitations, and other docurnenb describing projects or prognns funded in wlrcle or in part with federai funds. ArUch Vlll -Actlvltbs Conduc,ted Abrod Reoipients musl ensure that projec{ ac{ivitiee catried on oubide tl're Ur*ted States are coordinated as necessary with apptopiate govemment authorities ard tlmt appropriate licenses, permits, or approvals are obtained. Arilch lX . Age Dlscrlmlnatlon Act ol1975 Recipients 119t complywith the reguirements of the Age Dlsrtmimtim M d 1975, Pub. L. No. 94-135 (197b) (co<tified as anended at Title 42, U.S. Code, section 6101 et seg.), which pohibits discrimlnation on the basis ol age in any program or acdvity receiving fe@ral financial assbtanc€. Artlcle X - Amarhans wltlr Dlsabllites Act of 1900 DHS-FEMA.HSGP-SHSP-FFY1 9 Page 25 of 37 Kittitas County, E22-26O Redpients must comply with the requirements of Tifles l, ll, and lll of the Nnen@rc with Disblkias Acti Rtb. L. No. 101-306 (1SO) (codified as arnended at 42 U.S.C. sections 12101-12213r, which prohiblts recipients from discriminatirrg on the basis of disabifity in the operation of plblic entities, public and pilvate bansportation systens, places of public accomhodation, and certain te$ing entites. Artlcle Xl - Best Practlces lor Gollectlon and Use ot Personally ldentillabte lnlormatlon (Pll} Recipients who colleat Pll are required to have a puHicly availaHe pimry polrcy that describes shndards on the usage and maintenance of the Pll tl'cy colleot. DHS detines personally identifiable information (Pll) as arry inforrnation that permlts the identity of an lndividualto be direc[y or indiredly lnfened, irnluding any infomation that is linked or linkable to that individual. Recipiants may afso find tle Dl-ls PrUaoy lmpact Assessnrerts: PrVacy Guldanoe and Privacy Template as useful resouroes respectively, Ailcle Xll - Clull Rlghts Ac.t of 198{ - Tltle Vl Reclplerts must comply with the requirennnts of Tlte M of the Civtl Rights Act ol 1964 (codilied as anrended at 42 U.S.C. section 2000d et seq.), which pmvides that m person in the United Slates will, on the grounds of race, color, or national origin, be excluded lrom partioipation ln, be denied the benefrts of, or be sugec{ed to discrimination under arry program or activity recelvlng federalflnarrcial as,sishrne. DHS implementing regulatjons for the Act are found at 6 C.F.R. Part 21 and 44 C.F.R Part 7. Artcb Xlll . Clvll Rlghtt Act of l9E8 RecipientsmustcompywithTifleVllof the ClvilRighbfttdlgffi, Rtb. L- No.90-284, asanpndedthror.rghRrb. L 113,4, which prohiHts reciplents from cfscriminailng in the sale, rertal, ftnancirg, and advertising of drellings, or in the provision of eerulces in connection therewith, on the basis of race, color, national ori[in, r€ligion, disability, familial status, and sex (see 42 U,S.C. s€c-tlon 3601 ef seg"), as lmplemerrted by lhe U.S. Depailnnrn ol Housing and Urban Ebvelopnrent at 24 C.F.R. Part 100. The prohibition on clsatility discrimination irrcludes tte reqdremeril thal nerv mullifamily horning with four or more dwelling units- 1.e., the ptblic and comtron use areas and FdMdual apartrr*rrt unit6 (all units in bdldings with elevalors and ground-floor unlts in bulldings without elevators)- be designed and oonstruotedwlth certain aocesslue features. (See 24 C.F.R- Part 100, Subpart D.) AillcleXlV. Copyrlght Recipents must affix the applioable copyright mlioes of 17 U.S.C. seotbns 401 or &2 and an ackno'r,ledgement of U.S. Goremment sporsorship (including the award rumber) to any work first prodrrcsd under federal linarnial agsistanoe awards Artlcle XV - Debarment and Suspenslon ReoiSients are subject to the rnn-prmurernent debarnrent and suspenslrn regulatiors lmplementing Executive Orders (E O.) 125t$ and 12689, which are at 2 C.F.R. Part 180 as adopted by DllS at 2 C,F.R. Part 3000. Ttnse regutations restrict federal finamial assistance awards, subawards, and oontrac{s with certain parties that are debarred, $spended, or othenrise exoludd fiom or ineligible for participation in federal assishnce prcgrams or activities. Arflcle IVI . Drugfrce Wo*phce Reguldons Reclpents musl comply with drtryfree worlglace requirements in $bpad B (or Subpad C, il ihe reciFient is an individul) of 2 C.F.R. Part 3001, which adopts ttn Govenment-wi@ imdementation (2 C.F,R. l%rt 182) of sec. 5152-5158 of tre Drug-Fre Wukplm Actol1988 (41 U.S.C. seotions 8101-8106). Artlch )$ll - Dupllcdon of Benef,tg Arry oost allocable lo a particular tedenalfinancial assidance award provided for ln 2 C.F.R. Part 20Q Subpail E nay not be ctnrged to olher lederal linancial assi$arne awards to overcone fund deficiencies; to arrcid restdctions imposed by federal statutes, reguhtlons, or lederal linancial asslstance award termg and conditons; or for other reason6. However, tlese prohibitions would not preclude reciflents ftom shiftirB costs that are alloraHe under two or morc a#ards in accordance wfth existiqg federal shttftes, reguhtions, or the federal finarnial assistarrce award terms and conditione. Artlch lVlll - Educatlon Amendnrents aI 1S'n (Equal opportunlty ln Educaton Act) . Tlfle X DHS.FEMA-HSGP-SHSP-FFY 1 9 Paga26 ol 37 Kittitas County, E22-26O Reciients mtd oomply with the requirements of Tite X ol lhe Edrcabon Amqtdmerts of 1972, A)b. L. No. 92i19 {1922)(mdifted as ari€nded at ?0 U.S.C. section 1681 el seg.), whicfr povide that m peson in the United States will, on tn'e Uasis of sex, be excluded from padioipation in, be denied the berrefits of, or be sutrjected to discrimination under any edrrcational progftrm or activity receivirB federal financial assistarce DHS imgementing regulations are codified at 6 C.F.R. pail 17 and 44 C.F.R. Part 19 Artlcle XIX - Enargy Pollcy and Conscrvatlon Ac't Recipienls must comply with the requiremer*s of the Energy Hicy aN Qorcenation /r,t, Pub. L. hlo. 94- 163 (1979) (codified as arnended at 42 U.s,C. section 6201 ol seq.), which conErn po!rcies relatirg to energy efficiency that are defiired iri the state en€rgy conservation plan issued in complhnce with this Acl. Artlcle XX. False Glalms Act and Program Fraud Clvll Remedles Recipients must comply with the requremenls of the Fals€ Claims Ac( 31 U.S"C. sections 372$3783, wtlch prohibib the subrrission of false or fraudulenl clairns lor paynerd to the federal gwemment (See 31 U.s.c. sedions 3O0i-9812, which details the admirishative remedies for false clairns and staternents rnade.) ArtlcleXXl - Fedsral Debt Status All.reciFierfis are requircd to be non-delinquent in their repayment of any fecbral debt. Examples of rclevant trbt include delirquent payroll and other taxes. audit clisallorances, and benefit orrerpayments. (See OMB Ciroular A-129.) Artlcle XX|S . Federal Leadershlp on Reduclng Text tl|ecsaglng whlle Drlvlng Recipients are encouragEd to adopt and enforce policies lhat ban text rnessagirE while driving as descdbed in E.o. 13513, includirg condwting iniliatives descrlbed ln Section 3(a) of the Oder when on ofricial gorrernrpnt business or when peilorming arry work for or on behalf of the fecbral gwernrnerrt Ardcle XXlll . FlyAmerlca Act o11974 Recipients rrust oompv with Prefererrce for U.S. Flag Air Caniers {alr carriers holdirrg cedr'licates under 49 U.S.C. seclion 41104 for international ak tmnsportation of people ard poperty to the extent that srrch seruicE is available, in accordance with the lft€r/trF,lbnal Nr T@tsponefion Fat Cqnpdltve Hrctlc€s Act d 1974, & U.S.C. section zl01 1 g, and the interpretattve guidelines lssued by the Comflroller General of the United States ln the March 31, 1981 , arnendrnent to Comflruller C:ereral Decislon +1 39942. Artlcle XXIV - ]lotel and ltlotel Ftre SatbtyAc{ ol l9O0 ln accordance with Sedion 6 of the Hotal ud Motel Firc Saldy fut d 1990,15 U.S.C. section 2?25a, recipients must eneure that all conference, meetrg, convention, or training space funded in whole or in part with fedenl frrrds corinplies w1h the frre prevention and conbol guidellnes of he Federal Fire Preventbn and @ntrd Act d 1974,codilbd as amended at 15 U.S.C. section 2225 Aillcle XXV - Lknltsd Eqgllsh Prollclency (Clvll Rlghts Act of 1964, Tt$e Vt) Recipients rrust comply with the Title Vl d tl:e CNll Rights Act ot 1{164 (42 U.S.C. section 20@d et seq.) pmhibition against discrimination on tte basis of national odgin, which requires that recipients of federal financial assl$ancbiake reasordye stepa to qrovide nleanlrEful access to persons with limitecl Erglish profrclerrcy (LEP) to their pograns and services. For addllional assistanoe and infornation regarding language aocess obllgatiorsn please refer to thebHS Recipient Guidance: https:/Aruw.ctts.gw/guldanoe-puH{she*helpdepartment-supported-organizatiors-proVde-nreaningful-aciess-people-limited and addilional res{x.rces on htpf/rrtiwrrl.lep.gw. Artlcle XXM - Lobbylng Prohlbltlons Reclpierfis rnust comply with 31 U.S.C, sectlon 1362, which prwides that mne of the funde proMded unftr a federal financlal a6sishnoe award nsy be expended by the redpient to pay any person to influenoe, or attempt to influence an officer or employee of ary agency, a Member of Con€,ress, an officer or employee ol Congress, or an inrpbyee of a Member of CorBress in mnrtection rrlth arry federal action relabd to a federal arrard or contract lrnluding any extension, continuatbn, renewal, amendrnrt, or modification. DHS-FEMA-HSGP.SHSP.FFYl 9 Paga?7 ol37 Kitlitas County, E22-26O Attlch XXVII - Nallonal Envlronrnntal Poticy Act Recipients must comply wrfr tle lequirements of the Natioral Ewirsmantat tu$cy Act of 1(n9, pub. L. No. 91-190 (1S70) (codified as anended at 42 U.S.C. section 4321 d W.l (NEPA) and the Council on Errvironrnenht Quatrty (CEa) Rigulations for ItQlementing the Procedural Provisions of NEPA, which requires reoiprients to use all praoticaHe means wilhin their atlhority, and oorsistent with other essential mrsiderations of national plicy, to create and maintain conditions urderwtilch people and nature oan exist in produotive harnnny and fulfill the Booial, eoonomic, ard other rceds of present and future generatlons of ArnericarB. Artlcle )OUlll - Nondlscrlmlnatlon ln ltbtters Pertalnlng to Falth-Based Organlzafions It is DHS policy lo ensure the eqlal heatmenl of faithbased organizatiors in sodal seMce prograrns administered or supported by DHS or its component agenoies, enabling those organizatiorn to pailicipate in pro\ridirg important smial services to berpficiaries. Recipients mrlst comfly with the equal treatnnnt polides and requirements mntaineO in 6 C.F.R" Part _19 aryl olher applicaHe statues, regulations, and guidance governing the participations of faittrbased organizations in individml DHS programs. Artlcb XXIX . Non.Supplantlng Requhement Reclpients receivitB federal linarrial assistance awards made under programs that prohiHt supplanting by hw must ensue thal federal funds do not replace (supplant) funds ttnt have been budgeted for the sarne purpose trrough non-fedenl EOUrC,eS. Arflch XXX - NoUca of Fundlng Opportuntty Requlremnts All of the instructions, guidanoe, limitationg and other condiliorx set forth in ihe Notice ol Fundirg Opportunity (NOFO) for tlds prcgram are incorporated here by reference ln lhe award tenrs and conditions. Alt recipients must compty tiilth arry such requirernents set forth ln the program NOFO. Adlcle )0fi1 - Patents and lntellec{ual Property Rlghts Unless othenilise providedty lar, reciprients are sugect to the Bayh-Me Act, 35 U.S,C, secuon 200 etseq. Recipierts are su$ect to tlc epecific requirernents gwerning the developrpnt, reporf rg, and dispGition of dghts to inven-tions anO patents resulting from federal linarnial asslstarre awards located at 37 C,F. R, Part 401 and tlp $andaio patent righb clausE located at 37 C.F.R. seclion 41 -14. Artlcle XXXII . Procurement ol Recovered lfiNterlals States, political subdMisions d states, and lheir conbactors must comply with Secflon 6m2 of the Sdrd lVasle Drsposat Act, Lub. L. No. 89-272 (1965) (codified as amended by fre Resor.rrce Consrvation and Rr,ovelry /rlt,42 U.S.C. section 6962, The requirenents ol Sec-tion 6002 include prcuring only iterns designated in guidelines of ltre Environmsnbl Prolection Agency (EPA) at zl0 C.F.R. Part 247 lhal contain ttre higheet percenhge of reiorered materiats practicable, consistent with rnaintalning a salisfactory lwel of compelition. Arfch XXXlll. Rehablllbtion Act of 1873 Reo.qbnts must comply with the requirements of Section 504 ol the Reffiilfaliott kt d t973,pub. L. No. 90-112 (1973) (mdified as arnended at 29 U.S.C. section 794), whicfr prorides lhat m olhenrlse qualified handicapped individuals*n the United Slates will, solely by reason of the fnndlcag be excluded from participalion in, be denled the benefts of, or be subjected to dtscriminalion under arry progrcm oradivity receMng federal finarrcial assistance. Artlqle nuu - Reportlng of ftHters Related to Reclplent lntegrity and perfomance lf the total value of any cunently active grants, cooperative agreerents, and procurement conhacls from all Federal awarding agercies exceeds $10,000,0il) for arry period of tinn during the period of performance of this Federal award, then the recipients must comply withthe re_quhernerts set forth in the govErnment-wlde Award Tem and Condition for Reciprient lntegrity ancl Ferforrnarpe Mattens located at 2 C.F.R. Part 200, Appendix Xll, the fulltext of which is incorporated h ere by refererpe in lhe award lerrs and conditions. Artlch XXXV - Reporffng Subwrards and Executve Compensafon DHS.FEMA.HSGP-SHSP-FFY1 9 Page 28 of 37 Kittitas Coung, E22-26O Recipients are required to comply with the requirernents set forlh in the governnrcni-wide award lerm on Reporting Subawards and Executtue Compernation located at 2 C F.R, Part 170, Appendix A, the tull text of which ls lncorporated here by reference in the award terms and condilions. ArUcIe XXX\II. SAFECOM Recipients reoeiving federal financtal asststance awards made under prograns that povide emergerry communication equipment and its related activities must comfly with the SAFECOM Guidance for Enrergency Communication Grants, includirg provisions on technical standards that ensure and enhance interoperable communications. Artlclc XXXVil . Terrorlst Flnanclng Rert'pients must comply wilh E.O. 13?24 aN U.S. laws that prohltit barsactiorB with, and the pro/isiong of resources and support to, individmls and organizations associated with terrorism, Recipients are legally responsible to ersure complia6e withtheOrderand laws. ArUcle XXXI/lll . Traffrcklng Vlctms Protectlon Act o12000 Recipients nu.st comply with the requirements of the govemnrent-wide financhl assistance award term which irnplements Section 106(9) of the Tntrnktng Victlms Fr/raltlon kt d 2@0 [VPA), codlied as amended at 22 U,S.C. Sedion 7104. TrE award term ls located at 2 C.F.R. Section 175.15, the full text of which is lncorporated here by reference. Ardch XXXIX. Unlversal ldentlfier and SlrtemtorAward lllbnag€m€nt Recipierts are required to comply with the requirencnts set forth in the governrnent wide financial assislance award term regardirg the System lor Award Manqement and Untversal ldentlfier Requiremenls looated at 2 C.F.R. Part2l, Appendix A, ttp full text of which is inoorporated here by refererne. Artlch XL - USA Patrlot Act ol200l lecipents must comply with requlrernents of Section 817 of the llniting aN Stergttwtiry Amertca by Providing Appropriate TcdsRquitdtolnterceptand Obslnrl Tenqlsn Actof 2001(USA PATRIOT Act), which arnenG 18 U.S.C. sectiors 175-175c.. Arflcle XLI - Use of DHS Seal, Logo and Flags ReciFtients mwt obbin permission fiom their DHS FAo prior to using the DHS seal(s), logos, cresls or reproductons of flags or likenesses of DHs agency offiicials, irnluding use of the United Stales coast Guard aeal, logo, crests or reproductions ol llags or likenesses of Coast Guard officials. Artcle XLll - Whlsthbloynr Protac0on Act Recipterts musl cornply wtth the statutory requirements for whlsUeHower protections (if applicable) at 10 U.S.C section 2409, 41 U.S.C. seclion 4712, and 1O U.S C- section 2324, 41U_S.C. eeotions 4304 and 4310- Artlcle Xllll . Ervlronmental Plannlng and Historlc Preservafion DHS/FEMA funded aotivities that nuy require an EHP review are subJect to FEMAs Environmental Planning and Htstorlc Preseruatbn (EHP) r6/1ew proces6. This rcvlew does not addrese allfederal, shte, anct local requirernents.-Acoeptance of federal funding reqdres recipient to comply with all federal, state, and local laws. Failure to oHain all appropriate iederal, state, and local environrnental permits and cleararrces rnay Jeopardize federal fundirB. DHSJFEMA b requlred to oonsider lhe potential impacb to natural and cultwal resources of all pojecb funded b/ DHS/ FEMA grant funds, through lts EHP Review prooess, as mandated by lhe Natonal Environmental Policy Ac*; Nationat Historic Presenntion Acl of 1966, as amended; NaUonal Flood lrsurance Rogram regulations; and, any other applicaHe laws and Executive Orders. To access the FEMAs EHP screening form and instruotions, go to the DHS/FEMA webaite at htp;// w$nv.fema.mv/npdialibrary/assetVdocumenls/90195. ln order to initiate EHP levian ol your project(s), yotr must complete all relet ant sections ot lhis fom and submit it to the Grant Programs Direotorate (GPD) along wiffr all other peilinent projec-t infonnation. Fallure to povide requlsite infornution could reeult in delays in the release of grant funds. ll grcund disturHng activities occur dudrB construction, appioant will rnonitor ground disturbance, and if arry potential archeological resouroes are disoovered, appicant will immediately cease work in lhat area and notiff the pass-through erility, if apdicaHe, and DHS/FEMA. DHS-FEMA-HSGP.SHSP-FFY1 9 Page 29 of 37 Kittitas County, E22-26O Artlcle XLIV- Operaflon S:tonegarden Program Hold The recipient is protibited from drawing dorn OPSG fun<frrg under this award or reimbursirg OFSG sutrecipients of this award until each unique, speclfic, or rnodified county level, tribal, or equtualent Operations Order or Fragnnntary Order (Frago) has been revleded b, FEMA/GPD and Ctntoms and Border Protectior/Llnited Shtes Border Fakol (CBP/USBP). The recipient will receive the official notilixtion of appoval from FEMA/GPD. B UI'OET COST CATEOORIEA Personrpl Fdnge Benefits Travel Equiprnert Supplies Contractual Oonstnictlon lnclired Charges Other $8.14,918.rm $253,475.54 $17.879.00 $0.00 $8,599.m $14,267,430.00 $0.00 $188,e79.m $0.00 DHS-FEMA.HSGP.SHSP-FFY19 Page 30 of 37 Kittitas County, E22-260 EIirfUt.20l9-SS-00U4-S0f **+ 6. RECIUENTNAME AND 7.IS8I'INOFEMA OFFICEANDADDRESS ADDRESS Washingtoo lfilitary FEMA.CPDDcpntncnt 4(X) C $tsccl 3W,3rd floorBuildingz0 Wa:hington, DC W|T\-\A, Cmp lvtnrray, WA, 98430. POCz %6-9i1.5646 5t22 h.ACIREEMENTNO 2.AMEhTDMENTNO. 9. NAME OFRECIPIENT ?RO'ECTOrFICER (hil Crur 3. ,RECIPIEMI :NO. 9160010954 T3. A SSISTANCE ARMNGEMEI\TT Cost Rcimburccmmt 4. TTPEOFACTION J. CONIROLNO.AUTAID WX04625N2019T, wx(X626l,I2019T, wx04629N20197 8. PAYMENT OEFICE A}ID ADDRTSS FEI\{A Fiomcc Ccotcr , 430 lfartct Shcct r*rinohc stcr, VA 2"16O3 PHONE NO. IO. NAME OF TET,TA PROJECT COORDINATOR 253 -SL2-7472 Ccnbal Schcdrting ud Informrtion Dcsk Phoac 8fl).368-6498 &nait Arkcid@dbs.gov rI. EFFECITVE DATE O]F TEISACUON 09tutnnt9 NAIT,IE ACR,ONYM 12. .METEOD ,Of PAYMENT PARS (ACCSCOD8) ,)ooo(.)ooc.xloooo(- ,oooo(.)ooo(.rooo(.x 20t9.FA.GIG0t-Ft tt!- ,t ltlt.D 20r9.FA-OH0t.Ft t*. 4 t0t.D 2019.FA.@02-Pr rl-,{ r0r -D 14. PERFORI,IANCE PERIOD r 5. DESCRIPTTON OFACTION r. (Indicatc furdirS &ta for ewrrdc or financirl cluagcs) PRO0RAM :CFDANO.,ACCOIJNIINCDATA Srcr: 09/01/2019 EudfdPtrtod 09/01t20't9 Toe awtno22 o$a1no22 CT'MI'LATIVENON. FEDIIALCoMMmvIENT SrtTotdt gic T6tCt $m DATE Fri Aug Zl 20:52:17 OMT 20L9 PRIOR TOTAL A\IIARD AMOTJNT AVARDED THIS ACIION CI,RRBIT TOTAL AWARD '? 00q,000.00 + oR(l Homdrrd Srdrity Gret frogra tloocltd Scoln9 Crat kogru Hqtclad Scdrig Crd Ftolfrn 97,0e, 97rf, 3fi 0S t7,000000.00 fir b{} 34d,q000,0r! t6,000,000.00 10-00 la,$12il.s4 32,5Er.2il {s $0 Slrr8rrsun T{tCr*rt n067 b. To dcrcribc chmgcr otf,cr thrn ftnding drtr or finmsial ehugcr, atach rchcrtilc srd chcck hcc. N/A 16 e- FOR NON-DISASTER PRoCIMMS: RECIPIENT Is REQIJIRED TO sl(nl AND RETI RII TfiR-EE CI) cOpIES OF l|fltg DOCIJMENT TO FEMA (Sce Block 7 for rddrcrr) Eomchnd Sccurity Oreot Prognm rccipicnb rrc oot rcquircdto rign md rchrm copicr of thir docrrmeot Eowcvcr, rccipicdr rhoutd pint md kccp a copy of6is documcnt for 6cir rceor&. l6b. fOR DISASTER PROqRAIrrfli: RECIPIEDIT IS NOT REQITIRED TO Slqltllir acaittlocc ir nrbjcet to tcrms md condilions atachcd to tfiir sud nolicc or by incorporatcd rcfcrcocc in progru lcgiclation citcd abovc. r7. RECIPIEI{T SI(hIATORY OFFICIAL(t{mc and lltlc) Odl &u, 18. FEMA SIQ\ilTORYOIFICIAL (Nmc end fidc)DATE ItuArry(F l5:42:l7OIVIT ?np Veu frT SEENAITZ SITBRINA WONO, Arrirtmcc Officcr DHS.FEMA.HSGP.SHSP-FFY1 9 Page 31 of37 KrtUtas County, E22-269 ATTACHMENTfl2 I9SHSP lnvestment and Regional Proiect :l nves. timcnt'J u stlf lcatlo n Washington is cornprised of 39 counties with geography including brests, mountains, islands, rainbrests, rivers, lakes, and plains. The U.S. Bureau of Economic Analysis ranked Washington 13 of 5O states fur gross dornestic product in 2017; severalworl&class organizations headquarter their operations withln the state. Washington has marine, aviation, rail, and road transportation infrastructure to support its position as a bustling trade center, Approximately half of Washlngton's 7.5 rnillion population lives in the Seattle rnetropolitan area located along the Puget Sound. This area is the center of transportation, business, and industry and is the fastest growing reglon ln the state. Over three- fiourths of the state's populatlon liver in densely settled urbanized areas. Understanding Washington's population is critical ln order to mitigate vulnerabilities, respond to incidents, end effuctively concentrate recovery efbrts. Washington is subject to ten natural hazards and seven hurnan-caused hazards. The THIM focuses on eight of those ilsks: earthquake, tsunami, flood, biological [communicable dbeaset, wildfirg radiological, cyber incident, and terrorism, Planning training, and exercisc efforts are being restructured to encornpass the entire spectrurn of catastrophic incidenb within this context Washington saw few significant changes in the 2018 Capabilities Assessment. The lowest rated capablllties were Slhratlonal Assessment, Mass Care Scruices, Economlc Recovery, Health and Socirl Services, and Housing- all essential during a catastrophic incident. - The strongest capabilities lie in Pubic lnforrnation and Warning and the most opportunity lie in Situational Assessment. The 2018 SPR results confirmed the findings from prior years: Stakeholders at every level struggle to sustain ernergency response capabitities with dwindling resources and are significantly challenged preparing for catastrophlc disasters. Since the early 20ffis, cumulative emertency managernent funding at the state and local levels has reduced significantly causing an increased dependence on federal grants to meet necessary emergency management requirements. As a result, rnany areas are in a sustalnment mode when it cornes to emergency rnanagement capability and capacity. ,lnvectnent fl3 - Rcglonal Homcland Securlty Profects The State is divided into 9 Horneland Security Regions, made up of 39 counties, whlch differ in rnany respects including geography (from rnarine to desert), rnajor industry (from large business to agriorltural), and population (from dense urban settingp to rural areasl. Each Re6ion develops projects to address their specific dsks and hazards which sustain previously built capabilities or close identified gaps. While the comrnunities may difhr, emergency management prlorities are slmllar across the state and most initiatives can be tied back to building regional capability to respond and recover, and be in "a shte of readiness" through planning tralning, equippln6 or exercislng, should a natural or human- caused catastrophlc incident occur. As mmrnunicated in the 2017 and conffrmed in the 2018 THIRA, Capabllities Estlmation, & SP& gaps have been ldentified ln the following core capabllitlel. Allfurlsdlctions have targeted efforts related to Operational €oordination, The fioremost gaps are: 1) PIANNINGI Plans lack horizontal and vertical lntegration and need adjustin6 to be scalable br use during a catastrophic lncident, Recovery needs to be incorporated. 2l ORGANIZATION; Response and recovery to catestrophic incidents wlll requlre additlonal trained petsonnel to support either large.scale or long-term activations. 3) EQUIPMENT: There is a lack of integration and interoperabllity of tools to forrn a Common Operating Picture forallstakeholders, Additionalln equipment continues to ate, with subsequent degradation occurring with routire usage, and there is a lack of funding to sustain andlor replace. Reslllency ls still an evolvlng concept wlthouta formalized statewlde, whole comrnunity approach to fucus efforts. While the State is introducing initiatirres to combat that reality, localjurisdictions still struggle with gap related to Comrnunity Resilience: 1)TRAlNlilGr lndividuals and businesses need to move from awareness to action. 2) EXERCISE: Communldes are dependent on volunteers to exercise thls capaHllty and do not have the tools or expertise to engage stakeholders. Related to Resilience, jurisdictions recognize the need to communicate with all stakeholders and continue to expand the reach of their messaging. lnitiatives are ongoing to address the ldentified Public lnforrnation and Warning gap related to 1) PtANNlllG: Plans do not fully address mmmunicating with non-English speaking populations, immigrant groups, and individuals with disabilities. DHS.FEMA-HSGP-SHSP-FFY 1 9 Pap 32 of37 Kittitas County . E22-2W rarihrbi i*liiarl: facllltles rlsk'lnclude: r Hydroebctr r Transportadon r Public Events r lndustry a Flres . Land WlnterStorms Wlnd Storms r Pandemlc lnctdens DHS.FEMA.HSGP.SHSP.FFYl S Page 33 of 37 Kittibs County, E22-260 19SHSP Work Plan and Budget Kittitos County Sherilfs Office Reglon-7 llomeland Securlty ProJect Region 7 will continue to improve all aspects of emergency preparedness. The regional funding will assist with planning, on.scene securlty, and public health, public information. and operational coordination. I Actlvitles wlll irc1ude: 1l Provide space, training, and equipment for EOC staft and critical stakehotders for Operational Coordination. : 2) Provide training and equipment for staff to identify, discover, or locate threats and/or hazards with necessary physlcal, lechnotogical, and cyber measures. 3J Train first responders for a masi casualty incident and equip with surge I medical :upplles, {) Provide public educatlon/outreach and tralnlng to the citlzens and responders. 5) Maintain the ability lo deliver information to the whole community regarding any threat or hazard. AGRCEMENTAMOUNT $13,362 AMOUNT anA s13,352.00 iln% ol ah e ogrceme nt ?ot ol PFNSOA'II'FI 5o.oo 0% oI the ogrcemenl totol BUD6ET AMOUNT L.-....,-_--..,* SUEPROJTCT S1 SUBPROJECTS2 SUBPROJECTS3 M&A suEtaTAL I}JDIRECT TAIAL $L200.$ S852.oo : $1rFlo.{x) 3o.oo $13,362.00 9o.oo $1i,352.00 TOTAT s1,200.00 l SUSPROIECI *t MasJ Cosuolty lncldent Suppiles PR'MANY CONE CAPAA'UNES EENE ADDNESSEO PubllcHralth, HGCthclre, srrd Emtr;entt M.dicrl tenlc?r PLANNING ORGANIZATION M:3s Crr€ Seruler t0.00 51,200.00 W,IY IS |HE WORK NEEDED? GAP ldentlfied - The reSion lack arc€ss to surte medical supplies for ule during a mass casualty lncident. - Current supplieJ have expired. which will limit tirst responde/s ability to respond to lmmediate r medical irsues. i oHS+EMA-HSGP-SHSP-FFY1e page 34 of 37 SOI.I'TION AR€A EQUIPMEilI s0.00 TRAINING So.oo EXERCISE So.oo Kinitas Counly Shedlfs Offlce, E22-260 CAPABIUT{ sustolned or enhanced This lnvestment sustainr Public Heahh, Healrhcarq and Emergency Medical Seruicec as well as Mass CareSe.vlces capabilities by pu(chaslntlupplie! for ma5r casualty incidents. ACNV'TIES IO 8E FENFORMEO Purchase rnass casualty incident supplies such as: first ald supplies, tourniquett and quick clot bendat€ mate.ial also known ar an lndividual First Aid Kit (lFAKl. AEtf: 0pME.o1-BAGM ASSO C' Ar ED DE uv E RA B LES/O Ut P UtS Flrst responders will have Nccess to me53 causelity lncident supplies when they are needed. DESIREDOurCOMES D{tlng a masl casuahy lncldent, tirst responders are able to assist aesidents wilh their immediate . medical needs whlch will result in saved lives, SU8PRO.IECTf2 Emergenty Respon se Tralnlng PR'MANV COfrE C/,PAB'TITi/ES BEING AT'DNESSED OprnUonrl Coordlnallon tntardlctlod rnd tlrruptlon PI.ANNI'{G ORGANIZA'ION $o'oo I 5o.oo SOII,IION AREA gOUIPMENT So,oo TRAINING 58s2.oo l EXERCTSg So.oo . rOTAt 5852.00 l WHY 'STHE WOf,K NEEDED? GAP ldentlfied Lack of ongoin& uFtGdate training in tactkal lnterdictio; tralning. CAPABILITY sustqlned or cnhancad i This investment enhances Ope.ational Coordlnatlon ar well as lnlerdktion and DFruption by providinS training for lirst lesponders rehted to active shooter and tectical interdlrtion^ Aq'V fi' ES TO BE PE RFORM ED : SWAT leam op€ratoR wlll attend Tactical Respon5e training and lnterdicticn ard Dis.uption training. A SSO C"i| ED D EU V EfrA B LES/ O Ut P U TS The SWATteam operaton are knowledgeable of the most up.to-date harards and threas associated with ter.orism incidents and gre better prepared and able to perform their dlths. DHS.F€MA.HSGP-SHSP.FFY 1 9 Pago 35 ot 37 Kittit s Coqnty Sh6ritrs Otfice, E22-260 DES,BEDOWCOMES ThE Regional SWAT team will be better prepared to respond to emergency sltuations, which will lead to better outcomes for Kittitai reridents. SUBPROTECI f3 SpeclalleamsEquipment &tralnlng PRIMABV CORE CAPAB'IIIIES EEINO AODNESSEO lnr.ldrctlon rnd Dt3rup$on PLANNING oRGAN|zATON s0.00 90.00 WHV ISIHE WORK NEEDED? GAPldentiffed Lack of €guipment for the .eSlonal SWAT leam. The special teams PPElballistic protedion is out-of- date rnd ha3 created tn unsafe/unurable sltuatlon for Xittiias Countv ReBional SWAT and tactical teamt. CAPABILIIY sustolncd or enhanced Thls lnvestment enhences the lnte(diction and Dlsruption capability by inv$ting ln Speiial Teamr and Tactical Teams ablllty to preparg respond and mitigat€ en emergidg incident related to all hazards and terroais{n, ACNVTT'ES TI 8E PE RFOAM ED Purchase balllstic protection heavyvesB (AElfl: 0r[E-o1-ARMft) AS SO C' AT E D D E U V E M I U SlO U t P Uf S - Speclal Teams members are better eqrlpped and able to p€rtorm their duties more safely, - Updated personnel protective equipment will immedlatelyincrease safetyfor firrt responders. oEstRED OWCOTiliES . tttore eflectlve and capable Special Teams will b€ physl€ally p.otected and able to coordlnate wth all i iurisdictloni when respondln8 to incidenis to lnclode terrorism. DHS,FEMA.HSGP.SHSP.FFYI g Page 36 of 37 SOLIIfION ARTA EQUIPMENT 511,310.00 TSAINING 50.oo €XERCISE TOTAT s0.00 , $u,310,00 Xjtlilas County Sheni's Cffica, E22-26O DATE September 1,2019 NLTAprillO,2022 July 31, 2022 September t4,2022 lgSHSP TIMELINE Kittitas County Sheriffs Office TASK Grant Agreement Start Date Submit Reimbursement Reguest and Progress Report Grant Agreement End Date Submit Final Reimbursement Request and Closeout Report HSGP Performance Period: September 7,2079 to August 31,2022 DHS-FEMA.HSGP.SHSP.FFYl 9 Page 37 of 37 KittitaE County Shedffs Offlce, E22-280 NAME County of Kittitas Doing busin€ss as (DBA) Kittitas Coung ADDRESS 205 W, Sth Ste. 105 Ellensburg, WA 98926 Thls cerllllcallon Appllcable Procurement or Sollcltallon #, lf any: WA Unifom Business ldentifier (UBl) 192002673 Federal Employer Tax ldentification *. 91-6001349 Wahington Mililary Department Contract 11ur6"r E22-260 Debarment, Suspension, lneligibility or Voluntary Exclusion Certification Form Instructions For Certification Regarding Debarment, Suspension, lnetigibility and Voluntary Exclusion--Lowsr Tier Govsred Transactions Bidder or Gontraclor Signature: 1. By signing and submitting this proposal, tFre prospecl*ve lower tier parlicipant is providing the certification set out below.2. The certlf{cation in this clause is a malerial representation of fact upon which reliance was placed when thistransaction was entered into. lf it is later determined that the prospeclive lower tier participant knowingty rendered an erroneous certification, in addilion to other remedies available to lhe Federal Goveinment the departirlnt or agency with which this transaction originated may pursue available remed{es, including suspension and/or debarment.3. The prospective lower tier participant shall provide immediate written notice fo tha deparlment, inslitution or office towhich this proposal is submitted if at any time the prospective lower tier participant iearns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances.4. The tems covered transaction, debarred, suspended, ineligible. lower tier covered transaction, participant, penion, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, nave'the meaning set out in the Definil{ons and Coverage sections of rules implementing Executive Order 12549. You rnay contact theperson to whbh thls proposal is submitted for asslstance in obtaining Jcopy of those regulalions.5. The prospective lower tier participant agrees by submitting thG proil6sat that, siould the proposed covered transaction be entered into, it shall not knowlngly enter into any towei tier covered transaction wiin a person who isproposed for debarment under the applicable CFR, debaned, suspended, declared ineligible, or voluniarily excludedfrom participalion in this covered transaction, unless authorized by the department or agency wittr which ttris transaction originated.6' The prospective lower tier participant further agrees by submitting this proposal lhat it will include this clause tifled"Certification Regardtrng .Debarment, Suspension, lneligiblllty and -Voiuntary Exclusion-Lower Tier Covered Transaction," wilhout modification, in all lower tier covered transactions and in ali solicitations for lower tier covered tsansactions. 7. A padicipant in a covered transaction may rely upon a certificalion of a prospective participanl in a lower tier covered transacl{on that it is nol proposed for debarment under applicable CFR, debirred, suspended, ine1gible, or voluntarily excluded from covered transactions, unless it knows that the certilication is erroneous. A participait may decide thi method and frequency by which it delermines the eliglbility of ils principals, Each participanl may, but is nol required to, check the List of Partles Excluded from Federal Procurement aho ttdn-procurement piograms.8. Nothing contained.in lhe foregoing shall be construed to require establishmenl of a system of records in order torender in good faith. the certification requhed by this clause. The knowledge and information of a padicipant is not required to exceed thai which is normally possessed by a prudent person in ihe ordinary course of bu'siness activity.9. Except for transactions authorized under paragraph 5 of these instruclions, if a participant in a covered transactionknouingly enters into a lower tier covered transaction with a person who is propoied for debarment under apfti""Ute GFR, suspended, debarred, ineligible, or voluntadly excluded fiom participation'in lhis transaction, in additiori io other remedies available to lhe Federal Government, the department or agency with which this transaction originated maypursue available remedles, including suspenslon and/or debarment. Certllication Regarding Debarment, Suspension, lneligibility and Voluntary Exclusion--Lower Tier Covered Transactions The prospective lower tier participant certlfles, by submission of this proposal or contract, that neither it nor itsprlncipals_ is presently_debarred, suspended, ploposed for debarment, decjared ineligible, or voluntarlly excludedfrom participation ln this transaction by any Federal department or ag€ncy. Wheie thi prospectiv; lo;;r tierparticipant is unable to ce-rtify to any of the statements in this certiflcation, such prospective participant shallaftach an explanation to this form. READ CAREFULL Y BEFORE stc NING THE CERTIFICATION. Federat rugulations urlthout modificaUon, ln order to pa req utre contractors and bldderc to slgnabldethetermsofthigcertification,rllclpate tn ee ilaln transactions dlrectlylndfederalfundg. Print Name and Tltle:Jerry Auditor aae, 4#/erz? SIG NATURE AUTHORIZATION FORM WASHINGTON STATE MILITARY DEPARTMENT Camp Murray, Washington 98430-5122 Please read instrucfions on reverse side before completing this form NAME OF ORGANIZATION Kittitas County Sheriffs Office DATE SUBMITTED a/ r/aa PROJECT DESCRIPTION 1gSHSP Homeland Security Grant CONTRACT NUMBER E22-264 1. AUTHORIZINGAUTHORITY SIGNATURE PRINT OR TYPE NAME TITLE/TERM OF OFFICE K..y 2+a7l'L Clay Myers Sheriff 12022 2, AUTHORIZED TO SIGN CONTRACTS/CONTRACT AMENDMENTS SIGNATURE PRINT OR TYPE NAME TITLE /'.7*7a Clay Myers Sheriff 3. AUTHORIZED TO SIGN REQUESTS FOR REIMBURSEMENT SIGNATURE PRINT OR TYPE NAME TITLE{l Darren Higashiyama Chief Deputy { (,/ Sharrie McPherson FiscalAnalyst \NAC.1VOL1\HOME\KARENB\.,.,\WP\SIGNAUTH Revised 3/03