HomeMy WebLinkAboutEmergency Management Performance Grean E23-184Washi State Military
RMANCE SHEET
1. Subrecipient Name and Address:
Kittitas, County of
Sheriffa Oflice
307 W Umptanum Road
Ellengburg, WA 9892!-6720
2. Grant Agreement Amount:
$31,806
3, GrantAgreement
E23-184
Number:
4. Subrecipienl Contact, phone/email:
Drnen Hlgashlyama, 509-933-4206
darren. h igashlyama@co. kittttas.wa. us
S.GrantAgreernentffi
June 1,2022
6 Grant Agreement End Date:
September 30, 2023
and the U.S.of
10. Funding Aulhority:
Deb orah He nderson, 253-51 2-? 4f 0
7. Department phone/email:8. Unique Entity ldentitier (UEt):
WQ23XPBSAU/t4
I UBI # (state revenr.re)
192-002,673
11. FederalAward lD # (FAIN):
EMS-2022€P.00006-S01
15
08,23t2022
# & Titb:13. Assistance
97.M2
NZ
#&16 EIN:
9t38.ar5 rnr14. Total Federal Amount:
17. Service Districts:
(8Y LEG'SLATIVE DISTRICT;: 13
(BY CONGRES9IONAL DISTRICT): 8
18. Service Area by County(ies):
Klttitaa
Women/Minodty-Owned, State
Certified Elt'yR EruoC ves, oMv\tsE#
19.
21. Contract Type (check ail that appiy).E Contract El Grant'-El Agrementil lnteraoencuI lntErgovernmental (RCW 39,34]
E "to allwho apply & qualify" tr
LJ Sole Source Dfl rrco doFM? E Advertised? El
Competitive Bidding
A/E RCW D ruNYES E NO
20.
22.
Agreement Classification:I Personal Services E Client Services Gov'tPublic/LocaltrNE
Process:
Non-Profil
EJ For-Profit
NTD OTHER
The purposa of lhe Flscal Ysar (FY) 2022 Emergency lulanagement Perlormance Gnnt (22EMpG) prognm is to provide U.s.Department of Homeland securlty (DHS)/Federal eniergenc! Management ngeneitFEfiAjiJaeral award fsnde to etatEs toasslst state' local, tenltorlal,. and tribal governments lipruiaring flr a[ lrazirosiriroulrr'"usrainment and enhancement ofthose programe as descrlbod ln the Wofi Han.
The ther8Departmant and PessReclplent oI 22EMPGtfts DHS-lhrough Entlty Awa Letterrd Grafor No.nl EMS.2022.EP{0006-s0l igwhlch("Grant'),in attachedandincorporated aahereto cAttachment and has made sll baward Federalof fundsawardtonttotheSubraclthlspursuantTheAgreement.ls toaccountabte theSubreclplent u8efor ofDepartrnent Federal awardthlg
N WTNESS the andDepartnent termslhe ofandaccept th rs Agreement,rebrencedallncludingAttachrnentsarewhidrandlnmadelncorporatedherebyhareandhereotpartthisexecutedastheofdateAgreementbelow.ThlsFaceAgreementTerms&Shset:Special Conditions (Atlactment TermsGgneral andA);Conditions (Attachment Award22EMPG LefterB);EMS-2022-EP-00mss01 Woft(Attachment Planc);(Attachment TirnsllneD)"(Altachmenl aE);Budget allnd other(Attachment F):documenls andreferencedexpressly hereinincorporated allcontain termsfte and conditions the anduponagreedby thepartiesgovemandofrightsthstothisobligationspartiesNoAgreementotheroralofundgrstandings,otheffise,the matt€r thisofregardingsubjec-tdeernedbindtoofhereto.
16nce
hersln, the inconsistency shall be resolved by giving
I andFederalAppllcable StatutesState and on3 4,Regulatl andTgrmsSpeclal Condltions
2.AwaDHS'FEMA rd and documentsprogram TermsGenerel a5.nd and,Condltlons,
Work
Agreement. unless otherwiseln lhe event of an inconsistency
precedence in the following order;
Washinglon Stale Military Department
BOILERPLATE APPROVED AS TO FORMrDiefiMeieruachtol August 1,2022
Assistant Attomey General
hereto
Date
executed this Agreement on the day Year
AS TO FORM (if applicabte):
Anne Hesse, Chief Financlal Officer
3t3t2023
Date
FOR THE SUBRECIPIENT:
below
Clay Myers, Sheriff
Kitttas County Sheriffs Office
DHS-FEMA.EMPG-FYz2 Page 1 of39 Kittitas County, E23-184
Attachment A
SPECIAL TERMS AND CONDITIONS
ARTICLE I. KEY PERSONNEL
The individuals listed below shall be considered key personnel for point of contact under this Agreement. Any
substitution of key personnel by either party shall bd made by writteir notification to the current kdy personnel. '
s PIENT
ARTICLE II. ADMINISTMTIVE AND/OR FINANCIAL REQUIREMENTS
The Subrecipient shall comply with all applicable state and federal laws, rules, regulations, requirements and
Pl99r?! guidance identified or referenced in this Agreement and the informational documants published by
DHS/FEMA applicable to the 22EMPG Program, including, but not limited to, all criteria, restrictions, and
requirements of lhe Department of Homeland Security (DHS) Notice of Funding Opportunity (NOFO) Fiscat
Y_ear (FY) 2022 Emergency Management Pertormance Grant (EMPG) document, lhe FEMA Preparedness
Granfs Manual document, Version 3, May 2A22 $he Manual), the DHS Award Letter for the Grant, and the
leder_a! rggulations commonly applicable to DHS/FEMA grants, all of which are incorporated herein by reference.
The DHS Award Lefferis incorporated in this Agreement as Attachment C.
The Subrecipient acknowledges that since this Agreement involves federal award funding, the performance
period may begin prior to the availability of appropriated federal funds. The Subrecipient agrees that it will not
hold the Department, the state of Washington, or the United States liable for any damages, claim for
reimbursement, or any type of payment whatsoever for services performed under this Agreement prior to
distribution of appropriated federal funds, or if federal funds are not appropriated or in a particular amount,
A. STATEAND FEDERALREQUIREMENTS FOR DHS/FEMA PREPAREONESS GRANTS:
The following requirements apply to all DHS/FEMA Preparedness Grants administered by the
Department.
1. SUBAWARDS & CONTRACTS BY SUBRECIPIENTa. The Subrecipient must make a case-by-case determination whether each agreement it
makes for the disbursemenl of 22EMPG funds received under this Agreement casts the
party receiving the funds in the role of a subrecipient or contractor in accordance with 2
cFR 200.331.
b. lf the Subrecipient becomes a pass-through entity by making a subaward to a non-federal
entity as its subrecipient:
i. The Subrecipient must mmply with all federal laws and regulations applicable to
passthrough entities of 22EMPG funds, including, but not limited to, those
contained in 2 GFR 200.
ii. The Subrecipient shall require its subrecipient(s) to comply with all applicable
state and federal laws, rules, regulations, requirements, and program guidance
identified or referenced in this Agreement and the informational documents
published by DHS/FEMA applicable to the 22EMPG Program, including, but not
limited to, all criteria, restrictions, and requirements of The Depaftment of
DHS-FEMA-EMPG-FY22 page 2 of 39 Kitttas County, E23-,t84
Name Darren Higashiyama Name Deborah Henderson
Title Chief Deoutv Title Program Coordinator
Email darren. hiqash iyama@co. klttitas.wa. us Email deborah.henderson@m il.wa.oov
Phone 609.933-8206 Phone 253-51 70
Name Clay Myers Name Courtney Bemus
Title Sheriff Title Proqram Assistant
Email clav.myers@co, kittitas.wa. us Email courtnev. bem us@mil.wa.qov
Phone 509-962-76{5 Phone 253-512-7146
Name Sharrie McPherson Name Sierra Wardell
Title Chief Flnanclal Manaqer Title Financial Operations Section Manager
Email sharrie. mcpherson@co. kift itas.wa. us Email slerra.wardell@mil.wa.qov
Phone 509-962-70s6 Phone 253-512-7121
2.
Homeland Security (DHS) Notice of Funding Opportunity (NOFO) Fiscat Year
(FY) 2022 Emergency Management Petormance Grant (EMPG) document, the
Manual, the DHS Award Letter for the Grant in Attachment C, and the federal
regulations commonly applicable to DHS/FEMA grants.
iii. The Subrecipient shall be responsible to the Department for ensuring that all
22EMPG federal award funds provided to its subrecipients, and associated
matching funds, are used in accordance with applicable federal and state
statutes and regulations, and the terms and conditions of the federal award set
forth in Attadrment C of this Agreement.
BUDGET, REIIUIBURSEMENT, AND TIMELINEa. l/Vithin 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 otheruise provided in this Agreement.
b, The maximum amount of all reimbursement requests permitted to be submitted underthis
Agreement, including the final reimbursement request, is limited to and shall not exceed
the total Grant Agreement Amount.
c. lf the Subrecipient chooses to include indirect costs within the Budget (Attachment F),
additional documentation is required based on the applicable situation. As described in 2
CFR 200.414 and Appendix Vllto 2 GFR 200:
i. lf the Subrecipient receives direct funding from any Federal agency(ies),
documentation of the rate must be submltted to the Department Key Personnel
per the following:
A. More than $35 million, the approved indirect cost rate agreement
negotiated with its federal cognizant agency.
B. Less than $35 million, the indirect cost proposal developed in accordance
with Appendix Vll of 2 CFR 200 requirements.
ii. lf the Subrecipient does nol receive direct federalfunds (i.e., only receives funds
as a subrecipient), the Subrecipient must either elect to charge a de minimis rate
of ten percent (10%) or 11o/o of modified totaldirect costs or choose to negotiate
a higher rate with the Department. lf the latter is preferred, the Subrecipient must
contact Department Key Personnel for approval steps.
d. For travel costs, the Subrecipient shall comply with 2 CFR 200.475 and should consult
their internal policies, state rates set pursuant to RCW43.03.050 and RCW43.03.060 as
now existing or amended, and federal maximum rates set forth at https://www.gsa.gov,
and follow the most restrictive. lf travel costs exceed set state or federal limits, travet coFts
shall not be reimbursed without wriften approval by Department Key Personnel.
e. Reimbursement requests will include a properly completed State fu19 lnvoice Form and
Reimbursement Spreadsheet (in the format provided by the Department) detaiting the
expenditures for which reimbursement is sought. Reimbursement requests muit be
submitted to Reimbursements@mil.wa.oov no later than the due dates iisted within the
Timeline (Attachment E).
Reimbursement request totals should be commensurate to the time spent processing by
the Subrecipient and the Department,
f. Receipts andlor backup documentation for any approved items that are authorized under
this Agreement must be maintained by the Subrecipient consistent with record retention
requirements of this Agreement and be made available upon request by the Department
and auditors.
g. The Subrecipient must requestglgg written approval from Departrnent Key Personnel to
waive or extend a due date in the Timeline (Attachment E). For waived or extended
reimbursement due dates, all allorrable costs should be submitted on the next scheduled
DHS-FEMA-EMPG-FY22 Page 3 ot 39 Kittitas Coung,E23-1U
3.
4.
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
regulalions, 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 dat6
in the Timeline will be treated as a request for Amendment of the Agreement. This request
must be submitted to the Department Key Personnel sufficiently in advance of the due
date to provide adequate time for Department review and consideration and may be
granted or denied within the Department's sole discretion.
h. 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 Deparlment within forty-five (45)
days after the Grant Agreement End Date, except as otherwise authorized by either (1)
written amendment of this Agreement or (2) vwitten notilication from the Department to the
Subrecipient to provide additionaltime for completion of the Subrecipient's project(s),
i. No costs for purchases of equipmenUsupplies will be reimbursed until the related
equipmenUsupplies have been received by the Subrecipient, its contractor, or any non-
federalentity to which the Subrecipient makes a subaward and is invoiced by the vbndor.
j. Failure to submit timely, accurate, and complete reports and reimbursement requests as
required by this Agreement (including, but not limited to, those reports in the Timeline) will
prohibit the Subrecipient from being reimbursed until such reports and reimbursement
requests are submitted and the Department has had reasonabletimeto conduct its review.
k. Final reimbursement requests will not be approved for payment untilthe Subrecipient is
cunent with all reporting requirements contained in this Agreemenl.
L A writlen amendment will be required if the Subrecipient expects cumulative transfers to
approved, direct budget categories, as identified in the Budget (Attachment F), to exceed
ten percent ('lO%) of the Grant Agreement Amount. Any changes to budget category totals
not in compliance with this paragraph will not be reimbursed without ipprovat fr6m the
Department.
m. Subrecipients shall only use federal award funds under this Agreement to supplement
existing tunds and will not use them to replace (supptant) non-federal funds that have been
budgeted for the same purpose. The Subrecipient may be required to demonstrate and
document that a reduction in non-federal resources occurred for reasons other than the
receipt or expected receipt of federal funds.
REPORTINGa- \Mth each reimbursement request, the Subrecipient shall report how the expenditures, for
which reimbursement is sought, relate to the Work Plan (Attachment D) activities in the
format provided by the Department.
b. \Mth 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 Accountabilily and Transparency
Act (FFATA) and related OMB Guidance consistentwith Public Law 109-282 as amended
by section 62O2(a) of Public Law 110-252 (see 31 U.S.C. 6'101 note) and comptete and
return to the Department an Audit Certification/FFATA Form. This form is required to be
completed once per calendar year, per $ubrecipient, and not per agreement. The
Department's Contracts Office will request the Subrecipient submit an updated form at the
beginning of each calendar year in which the Subrecipient has an active agreement.
EQUIPMENT AND SUPPLY MANAGEMENTa. The Subrecipient and any non-federal entity to which the Subrecipient makes a subaward
shall comply with 2 CFR 200.317 through 200.327 , and all Washington State procurement
statutes, when procuring any equipment or supplies under this Agreement, 2 CFR 200.31 3
for_ management of equipment, and 2 CFR 200.314 for management of suppties, to
include, but not lirnited to:
DHS-FEMA.EMPG.FY22 Page 4 of 39 Kittitas County,E2rl&r
i.
iit.
li
up,on successful completion of the terms of this Agreement, all equipment and
supplies purchased through this Agreement will be owned by the Subrecipient,
or a recognized non-federal entity to which the subrecipient has made a
subaward, for which a contract, subrecipient grant agreement, or other means
of legaltransfer of ownership is in place.
All equipment, and supplies as applicable, purchased under this Agreement will
be recorded and maintained in the Subrecipient's inventory system.
lnventory system records shall include:
A. Description of the property
B. Manufacturer's serial number, or other identification number
C. Funding source for the property, including the Federal Award ldentification
Number (FAIN) (Face Sheet, Box 11)
D. Assistance Listings Number (formerly CFDA Number) (Face sheet, Box
13)
E, Who holds the title
F. Acquisition date
G. Cost of the property and the percentage of federal participation in the cost
H. Location, use, and condition of the property al the datethe information was
reported
l. Disposition data including the date of disposal and sale price of the
property.
The subrecipient shall take a physical inventory of the equipment, and supplies
as applicable, and reconcile the results with the propefi records at least 6nce
every two years. Any differences between quantities determined by the physical
inspection and those shown in lhe records shall be investigated ny tne
Subrecipient to determine the cause of the difference. The Subrecipient shall, in
connection with the inventory, veriff the existence, cunent utilization, and
continued need for the equipment.
The subrecipient shall be responsible for any and all operational and
maintgnance expenses and for the safe operation of the 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.
The Subrecipient shall develop a control system to ensure adequate safeguards
to prevent loss, damage, and lheft of the property. Any loss, damage, or thefi shall
be investigated, and a report generated and sent to the Department's Key
Personnel.
The $ubrecipient must obtain and maintain all necessary certifications and
licenses for lhe equipment.
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 disposltion, if upon termination or at the Grant Agreement End Date,
when original or replacement supplies or equipment acquired under a federal
awgrd are no longer needed for the original project or program or for other
activities currently or previously supported by a federal awaiding 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
iv.
Y
trt.
vii.
viii,
DHS-FEMA.EMPG.FYaz Page 5 ol 39 Kttitas Coung, E23-184
projecl or program and the supplies are not needed for any other federal
award, the Subrecipient must retain the supplies for use on other activities
or sell them, but must, in either case, compensate the federal government
for its share. The amount of compensation must be computed in the same
manner as for equipment,
B. For Equipment:
1) ltems with a cunent per-unit fair-market value of 95,000 or less may
be retained, sold, lransferred, or otherwise disposed of with no further
obligation to the federal awarding agency.
2) ltems with a cunent per-unit fair-markel value in excess of $5,000
may be retained or sold. The Subrecipient shall compensate the
federal awarding agency in accordance with the requirements of 2
CFR 200.313 (e) (2).
ix. Records for equipment shall be retained by the Subrecipient for a period of six
years from the date of the disposition, replacement, or transfer. lf any litigation,
claim, or audit is started before the expiration of the six-year perlod, the records
shall be retained by the Subrecipient until all litigation, claims, or audit findings
involving the records have been resolved.
b. The Subrecipient shall comply with the Department's Purchase Review Process, which is
incorporated by reference and rnade part of this Agreement. No reimbursement will be
provided unless the appropriate approval has been received.
c. Allowable eguipment categories for the grant program are listed on the AuthorizedEquipment List (AEL) located on the FEMA website at
httoeJ/qlfiry.fgma.oov/qrantslguidanoqtools/authorized-€quiprne*t-list. lt is important that
the Subrecipient and any non-federal entity to which the Subrecipient makes a subaward
regard the AEL as an authorized purchasing list identifying items allowed under the
specific grant program; the AEL 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 documenting purchased items under this Agreement
are authorized as allowed items by the AEL at time of purchase.
lf the item is not identified on the AEL as allowable under the grant program, the
Subrecipient must contact the Department Key Personnelfor assistance in seeking FEMA
approval prior to acquisition.
d. Unless expressly provided otherwise, allequipment must meet all mandatory regulatory
and/or DHS/FEMA adopted standards to be eligible for purchase using federal award
funds.
e. lf funding is allocated to emergency communications, the Subrecipient must ensure that
all projects comply with SAFECQM Guidanc€ on Emergency Communications Grants,
located at httpg://wlrnil.cisa.oov/safecomlfundinq, ensuring the investments are
compatible, interoperable, resilient, and support national goals and objectfues for
improving emergency communications.
f. Effective August 13, 2020, FEMA recipients and subrecipients, as well as their contractors
and subcontractors, may not obligate or expend any FEMA award funds to:
i. Procure or obtain any equipment, system, or service that uses covered
telecommunications equipment or services as a substantial or essential
component of any system, or as critical technology of any system;
aa. Enter into, extend, or renew a contract to procure or obtain any equipment, system,
or service that uses covered telecommunications equipment or services as a
substantial or essential component of any system, or as crilical technology of any
system;or
DHS-FEMA-EMPG.FY22 Page 6 of 39 Kittitas County, E23-1 84
5.
iii. Enter into, extend, or renew contracts with entities that use covered
telecommunications equipment or services as a substantial or essential
component of any system, or as criticaltechnology as part of any system.
This prohibition regarding certain telecommunications and video surveillance services or
equipment is mandated by section 889 of the John S. McCain Nationat Defense
Authorization Act for Fiscal Year 2019 (FY 2019 NDAA), Puh. L. No. 11*232 (ZO1S).
Recipients and subrecipients may use DHS/FEMA grant funding to procure replacement
equipment and services impacted by this prohibition, provided the costs are othenrise
consistent with the requirements of the Manual and applicable NOFO.
Per subsections 889(Q(2)-(3) of the FY 2019 NDM, and 2 cFR 200.216, covered
telecommunications equipment or services means:
iv. Telecomrnunications equipment produced by Huawei Technologies Company or
ZTE Gorporation (or any subsidiary or affiliate of such entities);
v. For the purpose of public safety, security of government facilities, physical security
surueillance of critical infrastructure, and other national security purposes, video
surueillance and telecommunications equipment produced by Hytera
Communications Corporation, Hangzhou Hikvision DigitalTechnology Com;iany,
or Dahua Technology Company (or any subsidiary or affiliate of such entities);
vi. Telecommunications or video surveillance services provided by such enlities or
using such equipment; or
vii. Telecommunications or video surveillance equipment or services produced or
provided by an entity that the Secretary of Defense, in consultation with the
Director of National lntelligence or the Director of the Federal Bureau of
lnvestigation, reasonably believes to be an entity owned or controlled by, or
otherwise connected to, the government of a covered foreign country.
g. The Subrecipient must pass through equipment and supply management requirements
that meet or exceed the requirements outlined above to any non-federal entity to which
the Subrecipient makes a subaward under this Agreement.
ENVI RONTIIENTAL AND HISTORICAL PRESERVATIONa. The Subrecipient shall ensure full compliance wilh the DHS/FEMA Environmenlal
Planning and Historic Preservation (EHP) program. EHP program information can be
found at hftss://,www,fema.oov/oran oolslenvjronment?LFl'stpric aII 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 limlted to, construction of communication towers; modification or renovation of
existing buildings, structures and facilities; or new construction including replacement of
facilities, must participate in the DH$/FEMA EHP review process piior to initiation.
Modification of existing buildings, including minimally invasive improvements such as
attaching monitors to interior walls, and training or exercises occurring outside in areas
not considered previously disturbed, also require a DHS/FEMA EHP review before project
initiation.
c. The EHP review process involves the submission of a detailed project description that
includes the entire scope of work, including any alternatives that may be under
consideration, along with supporting documentation so FEMA may determine whetherthe
proposed project has the potential to impac{ environmental resources and/or historic
properties.
d. The Subrecipient agrees that to receive any federal preparedness funding, all EHP
compliance requirements outlined in applicable guidance must be met. The EHP review
process must be completed and FEMA approval received by the Subreclpient before
any work is started for which reimbursement will be later requested. Expenditures for
DH$FEMA-EMPG-FY2z Page 7 of 39 Kittitas County, E23-1 84
projec{s started bef_ore completion of the EHP review process and receipt of approval by
the Subrecipient will not be reimbursed.
6. PROCUREMENTa. The Subrecipient shall comply with all procurement requirements of 2 CFR Part 2A0317
through 200327 and as specified in the General Terms and Conditions (Attachment B,
A.10).
b. For allsole source contracts expected to exceed $250,000, the Subrecipient must submit
to the Department for pre-procurement review and approvalthe procurement documents,
such as requests for proposals, invitations for bids and independent cost estimates, This
requirement must be passed on to any non-federal entity to which the Subrecipient makesa subaward, at which point the Subrecipient will be responsible for reviewing and
approving sole source justifications of any non-federal entity to whicfr the Subrecipient
makes a subaward.
7, SUBRECIPIENT MONITORINGa. 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 pass-through funds are in compliance with this Agreement, federal and state audit
requirements, federal grant guidance, and applicable federal and state financial
regulations, as well as 2 CFR Part 200 Subpart F.
b. To document compliance with 2 CFR Part 200 Subpart F requirements, the Subrecipient
shall complete and return to the Department an Audit CertificationlFFATA form. This formis required to be completed once per calendar year, per Subrecipient, and not per
agreement. The Department's Contracts Office will request the Subrecipient submit an
updated form at the beginning of each calendar year in which the Subrecipient has an
active agreement.
c. Monitoring activities may include, but are not limited to:
viii. Review of financial and performance reports
ix. Monitoring and documenting the completion of Agreement deliverables
x, Documentation of phone calls, meetings (e.g. agendas, sign-in sheets, meeting
minutes), e.mails and correspondence
xi. Review of reimbursement requests and supporting documentation to ensure
allowability and consistency with Agreement work plan, budget, and federal
requirements
xii. Observalion and documentation of Agreement retated activities, such as
exercises, training, events, and equipment demonstrations
xiii. On-site visits to review equipment records and inventories, to veriff source
documentation for reimbursement requests and performanoe reports, and to verifo
completion of deliverables.
d. The Subrecipient is required to meet or exceed the monitoring activities, as outlined
above, for any non-federalentity 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 Corrective Action Plan.
8. LIMITED ENGLISH PROFTCTENCY (CtVtL RTGHTS ACT OF 1964 TTTLE Vt)a. The _Subrecipient must comply with the Title Vl of the Civil Rights Act of 196a fiifle Vl)
prohibition against discrimination on the basis of national origin, which requires that
subrecipients of federal financial assistance take reasonable steps to provide meaningful
Sccess to persons with limited English proficiency (LEP) to their programs and servicbs,
Providing meaningful access for persons with LEP may entail providing language
assistance services, including oral interpretation and written translation. gxeCutivebrder
DHS-FEMA-EMPG-FY22 Page 8 of 39 Kitiitas County,E23-184
9.
13166,lmproving Access to Services for Persons with Limited English Proficiency (August
11,2000), requires federal agencies to issue guidance to recipients, assisfing such
organizations and entities in understanding their language access obligations. DHS
published the required recipient guidance in April 2A11, DHS Guidancl to Federat
Financial Assistance Recipientstegarding Title Vl Prohibition Against National Origin
Discrimination Affecting Limited English Proficient Persons, 76 Fed. Reg. 21755-21TEA,
(April 18, 2011). The Guidance provides helpful information such as how a recipient can
determine the extent of its obligation to provide language services, selecting ianguage
seNices, and elements of an effective plan on language assistance for LEP personl. F-or
additionalassistance and information regarding language access obligations, please referto the DHS Recipient Guidance at httog:/fir nnir.dhs,gollsudan{e-p.uqli$bgd-helo-
dqpa rlrn ent-sup oorted -orqa n izations- provide-mea n inoful-ac-m
additional resources on https;fuflulg, leo.tov.
NIMS COMPLIANCEa. The National lncident Management System (NIMS) identifies concepts and principles that
answer how to manage emergencies from preparedness to recovery regaidlesd 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 Poliry Directive 8, to guide activities within the public and private sector and
describes the planning, organizational activities, equipping, training, and exercising
needed to build and sustain the core capabilities in support of the National Preparednesi
Goal.
c. ln order to receiv.e federal preparedness funding from the Deparlment, the Subrecipient
must achieve, or be actively working to achieve, all of the NIMS lmplementation Objectives
located at httos://www.fema.qov/emerqenqr-managerq/nims/imolementation-traininq.
EMPG PROGRAM SPECIFIC REQUIREMENTS
The Department receives EMPG funding from DHS/FEMA, to assist state, local, and kibalgovernments
to enhance and sustain all-hazards emergency management capabilities as authorized 6y Robert T.
Stafford Disaster Relief and Emergency Assistance Acl, as amended (42 U.S.C. Sg 5121 6t seq.) and
section 662 of the Post Katrina Emergency Management Act (6 u.s.c. S 262).
A portion of the grant program is passed through to local jurisdictions and tribes with emergency
management programs to supplement their losal/tribal operating budgets to help sustain and enhanc6
ernergency management capabilities pursuant to Washington Administrative Code (WAC) 118-09.
a. The Subrecipient shall use the EMPG funds authorized under this Agreement onty to perform
tasks as described in the Work Plan of the Subrecipient's application for funding, as ipproved by
the Depailment and incorporated into this Agreement.
b. Funding may not be used to replace or supplant existing local or tribal government funding of
emergency management programs.
c. The Subrecipient shall provide a fifty percent cash match of non-federal origin. The Federal share
applied toward the EMPG budget shall not exceed fifty percent of the total budget as submitted
and approved in the-application and documented in the Budget (Attachment F). To meet matching
reguirements, the Subrecipient's cash matching contributions must be verifiable, reasonable-,
allowable, allocable, and necessary under the grant program and must comply with all Federai
requirements and regulations, including, but not limited to, 2 CFR Part 20d. An appropriate
mechanism must be in place to capture, track, and document matching funds. ln the nhh riport,
the subreclpient shall identity how the match was met and documented.
B.
DHS.FEMA-EMPG.FYa2 Page 9 of 39 Kittilas County, E23-1 84
d. The Subrecipient shall participate in the State's annual Stakeholder Preparedness Review (SpR),
Threat and Hazard ldentification and Risk Assessment (THIRA), core capabilities assessment6,
and data calls. Non-participation may result in withholding of funding under future grant years,
e. Subrecipients shall participate in the State's annual lntegrated Preparedness Planning Workshop(IPPW. Non-participation may result in withholding of funding und.er future grant yeais
f. lf funding-is allocated to non-DHS FEMA training, the Subrecipient must request prio[ written
approvalfrom the Department Key Personnel before aftending the training. The Defiaffient will
coordinate approval with the State Training Point of Contact. Pursuant to DHS/FEMA Grant
Programs Directorate lnformation Bulletin No. 432, Review and Approval Requirements forTraining courses Funded rhrough preparedness Grants,
httos://www.fema.o ov/sites/defaulVfilesl202G
94tgi.ning-Cqurse Review and Aoproval lB FinaLT_19 18.odf, the lraining must falt within
the FEMA mission scope and be in alignmentwith the Subrecipientis Emergencybperations plan.
This requirement only applies to training courses and does not include attendante at conferences.
Furthermore, additional federal approvals are required for courses that relate to Countering
Violent Extremism prior to attendance.
g- All personnelfunded in any part through federalaward or matching funds under this Agreement
shall complete and record proof of completion of:
i. NIMS training requirements outlined in the NIMS Training Program located at
https://www.fema.gov/emergency-managers/nimslimplementation-training (to include ICS-
100, ICS-200, l$700, and lS-800 for most personnel) and
ii. Either (1) the FEMA Professional Development Series lS-120, tS-230, lS-23S, lS-240, lS-
241, a5'242, and lS-244, or (2) the National Emergency Management Basic Academy.
The Subrecipient will report training course completion by individual personnel along with the final
report.
h. ln conjqnc'tgn with the final report, the Subrecipient shall submit a separate report detailing how
the EMPG Training requirements were met for all personnel funded by federal or matching tunds
underthis Agreement.
DHS TERMS AND CONDITIONS
As a Subrecipient of 22EMPG funding, the Subrecipient shall comply with alt applicable DHS terms and
conditions of the zzEMPG Award Letter and its incorporated documents foi the Grant, which are
incorporated and made a part of this Agreement as Attachment C.
c.
DHS-FEMA.EMPG-FY22 Page 10 of 39 Kittitras County, E23-1 84
A.1
4.2
4.3
Attachment B
Washington State Military Department
GENERAL TERMS AND CONDITIONS
Department of Homeland Security (DHS[
Federal Emergency llllanagem ent Agency ( FEMA)
Grants
DEFINITIONS
As used throughout this Agreement, the terms will have the same meaning as defined in 2 CFR 200
Subpart A (which is incorporated herein by reference), except as otheruise set tortn below:a. "Agreement" means this Grant Agreement.
b. "Department" means the Washington State Military Department, as a state agency, any division,
section, office,_ unit or other entiU of the Department, or any of the officers or other ofliciais lawfully
representing that Department. The Department is a recipient of a federal award directly from i
federal awarding agency and is the pass-through entity making a subaward to a Subiecipient
under this Agreement.
c. "lnvesttnenf' 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 aiplicatiin
is hereby incorporated into this Agreement by reference.
d. "Monitoring Activlties" means all administrative, financial, or other review activities that are
conducted to ensure compliance with all state and federal laws, rules, regulations, authorities,
and policies.
e. "Stakeholders Preparedness Report (SPR)" The SPR is an annual three-step self-assessment
of a community's capability levels based on the capability targets identified in the TH|RA.f. .Subrecipient" when capitalized is primarily used throughout this Agreement in reference to the
non-federal enti$ identified on the Face Sheet of this Agreement that nas received a subaward
from the Department. However, the definition of "subrecipient" is the same as in 2 CFR 200.1 for
all other purposes.
g. "Threat and Hazard ldentlflcation and Risk Assessment (THlRAf The THIRA is a three-step
risk assessment. The THIRA helps communities understand their risks and determine the level df
capability they need in order to address those risks. The outputs from this process lay the
foundation for determining a community's capability gaps during the SPR process.
ADVANCE PAYM ENTS PROHIBITED
The Deparlment shall qake nq paymenls in advance or in anticipation of goods or seruices to be provided
underthis Agreement. Subrecipient shall not invoice the Department in adyance of delivery and invoicing
of such goods or services.
AMENDM ENTS AND MO.DI FICATIONS
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.
The Agreement performance period shall only be extended by (1) writen notification of DHS/FEMA
approval of the Award performance period, followed up with a mutually agreed written amendment, or (2)
written notification from the Department to the Subrecipient to provide additional time for completion'of
the Subrecipient's project(s).
A.4
It
3t
The Subrecipient must comply with the ADA, which provides comprehensive civil rights protection to
indivkluals with disabilities in the areas of employment, public accommodationsl state and local
governm€nt services, and telecommunication.
DHS-FEMA.EMPG-FY22 Page 11 of39 Kittitas County, 823-184
A.5 ASSURANCES
The Department and Subrecipient agree that all activity pursuant to this Agreement will be in accordance
with all the appticable current federal, state and local laws, rules and regulations.
4.6 CERTIFICATION REGARDING DEBART\4ENT. SUSPENStON. OR tNELtGtBtLlTy
As federal funds are a basis for this Agreement, the Subrecipient certifies that the Subrecipient is not
presently debarred, suspended, proposed fordebarment, declared ineligible, orvoluntarily excluded from
participating in this Agreement by any federal department or agency.
The Subrecipient shall complete, sign, and retum a Ceftification Regarding Debarment, $uspensrbn,
lneltgibility, and Voluntary Exclusion form located at httos:l/mil,wa.gov/requirgdgtantforms. Any such form
completed by the Subrecipient for this Agreement shall be incorporated into this Agreement by reference.
Further, the Subrecipient agrees to comply with 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 subrecipients or any of their principals are not debaned, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in "covered
transactions" by any federal department or agency. "Covered transactions" include procurement
contracts for goods or services awarded under a non-procurement transaction (e.g. grant or cooperative
agreement) that are expected to equal or exceed $25,000, and subawards to Subrecipients for any
amount. With respect to covered transactions, the Subrecipient may comply with this provision by
obtaining a certification statement from the potential contractor or subrecipient or by checking the SystemforAwardManagementWmaintainedbythefederalgovernment.TheSubrecipient
also agrees not to enter into any arrangements or contracts with any party on the Washington StateDepartment of Labor and lndustries' "Debaned Contractor L,bf'
{hfipq:#secure.lni,wa.oovlde-barandstr:ike/Contractor:gefuifLisl.aso$}. The Subrecipient also agrees not
to enter into any agreements or contracts for the purchase of goods and services with any party on the
Department of Enterprise Services' Debaned Vendor List (https:lwww.des.wa.qov/seruices/contractinq-
nu rchasinc/doi no-busi nassFatatg/vendor-dabarnnentl.
4.7 CERT|FICAT|ON REcARptNc RESTRTCTTONS ON LOBBYING
As required by 44 CFR Part 18, the Subrecipient hereby certifies that to the best of its knowledge and
belief: (1) no federally appropriated tunds have been paid or will be paid by or on behatt-ot tne
Subrecipient to any person for influencing or attempting to influence an oflicer 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 cooperalive agreement, and the extension, continuation,
renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement (2)
that if any funds other than federal appropriated funds have been paid or will be paid to any person for
inlluencing 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 willcomplete and submlt Standard
Form-LLL, "Disclosure Form to Repoft Lobbying," in accordance with its instructions; (3) and that, as
applicable, the Subrecipient will require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants,
loans, and cooperative agreements) and that all Subrecipienls shallcertiff and disclose accordingly. This
certilication is a material representation of fact upon which reliance was placed when thls transaclion was
made or entered into and is a prerequisite for making or entering into this transaction imposed by 31
u.s.c. 1352.
A.8 COMPLIANCE WTH APPLICABLE STATUTES. RULES A.N.D DEPARTMENT POLICIES
The Subrecipient and all its contractors and subrecipients shall comply with, and the Department is not
responsible for determining compliance with, any and all applicable federal, state, and local laws,
regulations, executive orders, OMB Circulars, and/or policies. This obligation includes, but is not limited
to: nondiscrimination laws and/or policies, Energy Policy and Gonservation Act (PL 94-163, as amended),
the Americanswith Disabilities Act (ADA), Age Discrimination Act of 1975, Title Vl of the Civit Rights Act
of 19O4, Civil Rights Act of 1968, the Robert T. Stafford Disaster Relief and Emergency Assistance Act,
(PL 93-288, as amended), Ethics in Public Service (RCW42.52), Covenant Against Contingent Fees (48
CFR Section 52.20$5), Public Records Act (RCW 42.56), Prevailing Wages on Public Works (RCW
39.12),StateEnvironmentalPolicyAct(RCW43.21C),shorelineManagementActof 1971 (RCWgO,5S),
DHS-FEMA-EMPG-FY22 Page 12 of 39 Kiftitras County,EZA-1}4
State Building Code (RCW 19.27), Energy Related Building Standards (RCW 1g.2ZA). Provisions in
Buildings for Aged and Handicapped Persons (RCW 70.92), 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 bepartment 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.e coNFLtcT oF INT-EREST
No otficer 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 tha project is
undertaken or located; and no other oflicial of the Subrecipient who exercises any tunbti6ns or
responsibilities with respect to the project during his or her tenure, shall have any personil or pecuniary
gain or interest, direct or indirect, in any contract, subcontract, or the proceeds-thereof, for work to bi
performed in connection with the project assisted under this Agreemeni.
The.Subrecipient shall incorporate, or cause to incorporate, in all such contracts or subawards, aprovision prohibiting such interest pursuant to this provision.
A.1O CONTRACTING & PROCUREMENTa. The Subrecipient shall use a competitive procurement process in the procurernent and award of
any contracts with contractors or subcontractors that are entered into under the original
agreement award. The procurement process followed shall be in accordance with 2 CFR Part
200.318, Generalprocurement standards, through 200.327, Contract provisions.
As required by Appendix ll to 2 CFR Part 200, all contracts entered into by the Subrecipient under
this Agreement must include the following provisions, as applicable:
1) Contracts for more than the simplified acquisition threshold currently set at $250,000, which
is the inflation adjusted amount determined by the Civilian Agency Acquisition Gouncil and
the Defense Acquisition Regulations Council (Councils) as authorized by 4'l U.S.C. 1908,
must address administrative, contrac{ual, or legal remedies in instances where contractors
violate or breach conlract 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 effected and the basis for
settlement.
3) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all
contracts that meet the definition of "federally assisted construction contrac{" in 41 CFR Part
60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in
accordance with Executive Order 11246, "Egual Employment Oppoftunitf' (30 FR 12919,
12935,3 CFR Part, 19O4-1965 Comp., p.339), as amended by Executive'Order 11375,
"Amending Executive Qfier 11246 Relating to Egual Employment Oppoftunity," and
implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance
Prognms, Equal Employment Oppoftunity, Department of Labor.,,4) Davis-Bacon Act, as amended (40 U,S.C. 3141-31481. \A/hen required by Federal program
legislation, all prime construction contrac{s in excess of $2,000 award-ed by non-feieral
entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. g141r-
3144, and 3146-3148) as supplemented by Department of Labor regulations (29 GFR part
5, "Labor Standards Provisions Applicable to Contracts Covering Federatty Financed and
Assisfed Qonstruction"). ln accordance with the statute, contractois must be required to pay
wages to laborers and mechanics at a rate not less than the prevailing wages specified in i
wage determination made by the Secretary of Labor. ln addition, coniractors must be
required to pay wages not less than once a week. The non-federal entity musl place a copy
of the current prevailing wage determination issued by the Department of Labor in each
solicitation. The decision to award a contracl or subcontract must be conditioned upon the
acceptance of the wage determination, The non-federal entity must report all suspec,ted or
reported violations to the federal awarding agency. The contracts must also include aprovision for compliance with the Copeland "Anti-Kickback" Act (40 U.S.C. 3145), as
supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and
DHS-FEMA-EMPG-FY22 Page 13 of 39 Kittitas County, E2$184
Subcontrac{ors on Public Building or Public Work Financed in Wrole or in Part by Loans or
Grants from the United States"). The Act provirdes that each contractor or Subrecipient must
be prohibited from inducing, by any means, any person employed in the construction,
completion, or repair of public work, to give up any part of the compensation to which he or
she is otherwise entitled. The non-federal entig 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). \ffhere appticable,
all contrac{s 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.
Al9? qn! 3,704 as supplemented by Department of Labor regulations (29 CFR Part S). Under
40 U.S.C. 37O2 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 oi
the standard work week is permissible provided that the worker is compensated at a rate of
not less than one and a half times the basic rate of pay for all hours worked in excess of 40
hours in the work week, The requirements of 40 U.S.C . 3704 are applicabte to construction
work and provide that no laborer or mechanic must be required to work in surroundings orunder 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 Contraot 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 regaiding
the substitution of parties, assignment or performance of experimentai, developmental, oi
research work under that-"funding agreement," the recipient or Subrecipient must comply
with the requirements of 37 CFR Part 401, "Rights to lnventions Made by Nonprciit
Oryanizations and Small Business Firms lJnder Government Grants, Contracts and
Cooperative Agreements," and any implementing regulations issued by the awarding agency.7) 91"_"1 Air Act (42 U.S.C. 74O1-7671q.) and the Federal Water Pollution Control Act (30
U.S.C. 1251-1387r, as amended-Contracts and subgrants of amounts in excess of
$150,000 must contain a provision that requires the non-federal award to agree to comply
with all applicable standards, orders or regulations issued pursuant to the Clean nir Act (+2
U,! C, 7401-7671q) and the Federal Water Pollution Control Ac{ as amended (33 U.S.C,
1251-1387). Violations must be reported to the federal awarding agency and the Regional
Office of lhe Environmentat protection Agency (EpA),
8) O9!ary9{-and Suspension (Executive Orders 12549 and 12689)-4 contract award (see 2
CFR 180.220) must not be made to parlies listed on the government-wide exclusionsin the
System for Award Management (SAM), in accordance with the OMB guidetines at 2 CFR 180
that implement Executive Orders 12549 (3 CFR part 1986 Comp., p.1Ag) and 12689 (g CFRpart 1989 Comp., p. 235), "Debarmenf and Suspensionj' SAM Exclusions contains the
names of parties debarred, suspended, or othemise excluded by agencies, as well as parties
declared ineligible under statutory or regulatory authority other ihan Executive Order 1ZS4g.9) Byrd Anti-Lobbying Amendment (31 U.S,C, 1352)-Contractors that apply or bid for an award
exceeding $100,000 must file the required cerlification. 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 offtcer or employee bt an! agency, a member of
Congress, officer or employee of Congress, or an employee of a niember of Congress in
connection with obtaining any federal contract, grant or any other award covered by 31
U.S.C. 1352. Each tier must also disclose any lobbying with non{ederatfunds that tikes
place in connection with obtaining any federal award. Such disclosures are fonrvarded from
tier to tier up to the non-federal award.
10) Procurement of recovered materials - As required by 2 CFR 200.923, a non-federal entity
that is a state agency or agency of a political subdivision of a state and its contractors must
comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act. The requirements of Section 6002 include procuring only
items designated in guidelines of the Environmental Protection Agency (EPA) it +O Cfn part
DHS-FEMA-EMPG-FY22 Pag€ 14 of 39 Kittitas County,Ezg-1g4
247 thal 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 ihat maiimizes energyand resour@ recovery; and establishing an affirmative procurement program for
procurement of recovered materials identified in the EPA guidetines.
11) Notice of federal awarding agency requirements and regulations pertaining to reporting.
12) Federal awarding agency requirements and regulations pertaining to copyrights and rights in
data.
13) Access by the Department, the Subrecipient, the federal awarding agency, the Comptroller
General of the United States, or any of their duly authorized representatives to any
'books,
documents, papers, and records of the contractor which are directly pertinent to thaispecific
contract for the purpose of making audit, examination, excerpts, and transcriptions.
14) Retention of all required records for six (6) years after the Subrecipient has made final
payments and allother pending matters are closed.
15) Mandatory standards and policies relating to energy efficiency which are contained in thestate energy conservation plan issued in compliance with the Energy Poticy and
Conservation Act (Pub. L. 94-163,89 Stat, 871).
16) Pursuant to Executive Order 13858 "strengthening Buy-Ameican Preferences for
lnfmstructurc Prolbcts," and as appropriate and to the extent consistent with law, the non-
Federal entity should, to the greatest extent practicable under a Federal award, provide a
preferencq fgr the purchase, acquisition, or use of goods, products, or materials produced in
the United States, as required in 2 CFR Paft 20Q.322, in every contracl, subcontract,
purchase order, or sub-award that is chargeable against federal financial assistance awards.
17) Per 2 C.F.R. $ 200.216, prohibitions regarding certain telecommunications and video
surveillance services or equipment is mandated by section 889 of the John S. fitlcCain
NationalDofense Authorization Act for Fiscal Year 2019 (FY 2019 NDAA), pub. L. No. 115-
232 (2018).
b. The Department reserves the right to review the Subrecipient's procurement plans and
documents and require the Subrecipient to make changes to bring its pians and documents into
compliance with the requirements of 2 CFR Part 200.317 through 2b0327. The Subrecipient must
ensure that its procurement process reguires contractors and subcontractors to provide adequate
documentation with sufficient detail to support the costs of the project and io allow both the
Subrecipient and Department to make a determination on eligibility ofproject costs.
c. All contracting agreements entered into pursuant to this Agreement shall incorporate this
Ag reement by reference.
DISCLOSURE
The use or disclosure by any party of any information concerning the Department for any purpose not
directly connected with the administration of the Department's or ihe Subrecipient's respoirsibilities w1h
lespegt to seryices prwided under this Agreement is prohibited except by prior written consent of the
Department or as required to comply with the state Public Records Aa, otliei law or court order.
DISPUTES
Except as othenrise 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 board to resolve the dispute. A request for a dispute resolution boaiO snitt be'in writing, itate
the disputed issues, state the relative positions of the parties, and be sent to all parties. The boaid shall
consist of a representative appointed by the Department, a representative appoiriteO ny the Subrecipient
and a third party mutually agreed upon by both parties. The determination of the disputb resolution board
shall be final and binding on the parties hereto. Each party shall bear the cost for its member of the
dispute resolution board and its attorney fees and costs and share equally the cost of the third board
member.
A,11
4.12
DHS-FEMA.EMPG-FY22 Page 15 of 39 Kittitas County, E23-1W
A.13 LEGAL RELATIONS
It is understood and agreed that this Agreement is solely for the benefit of the parties to the Agreement
and gives no right to any other party" No joint venture or partnership is foimed as a resrj[ of this
Agreement.
To the extent allowed by law, lhe 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, itsiubcontractors, subreiipients,
assigns, agents, contractors, consultants, licensees, invitees, employees or any person whomsoever
arising out of or in connection wilh any acts or activities authorized Uy inis Agreernent.
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; induding payment of any costs
or attorneys' fees for any claims or action commenced thereon arising out of or in'connection wiih acts
or activities authorized by this Agreement.
This obligation shall not include such claims, costs, damages or expenses which may be caused by the
sole negligence of the Department; provided, that if the claims or damages are caused by or resultirom
the concurrent.negligence of (1) lhe Department, and (2) the Subrecipient, its agents, or employees, this
indemnity provision shall be valid and enforceable only to the extent of the negligbnce of lhe Subiecipient,
or the Subrecipient's agents or employees.
lnsofar as the funding sour@, FEMA is an agency of the Federal government, the following shall apply:
44 CtR 209.9 Noniiabilitv. The Federal government shall not be liable for any claim based upon the
exercise or performance ol or the failure to exercise or perform a discretionary function or duty on thepart of a federal agency or an employee of the Federal government in carrying out the provisioris of the
Stafford Act.
4.14 LtM|TAT|ON OFAUTH9RTTY-AUTHORTZED qFNATURE
The signatories to this Agreement represent that they hive the authority to bind their respective
organizations to this Agreement. Only the Department's Authorized Signature representative dnd 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, amind, modifu, o?
waive any clause or condition of this Agreement. Any alteration, amendmeht, modification, or waiver of
any clause or condition of this Agreement is not effective or binding unless made in writing and signed
by_both parties'Authorized Signature representatives, except as provided for time extensi6ns in Article
4.3.
Further, only.the Authorized Signature representative or Alternate for the Subrecipient shall have
signature authority to sign reimbursement requests, time extension requests, amendment and
modification requests, requests for changes to projects or work plans, and other requests, certifications
and documents authorized by or required under this Agreement.
4.15 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 {ate 9J 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 Agreiment as
a *Termination for Cause" without providing the Subrecipient an opportunity to cure. Alter-natively, 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.
A.16 NONASStcNABIL|TY
Neither this Agreament, nor any claim arising under this Agreement, shall be transfened or assigned by
the Subrecipient.
4.17 NONDISCRIMINATION
During the performance of this agreement, the Subrecipient shall comply with all federal and state
nondiscrimination statutes and regulations, These requirements include, but are not limited to:
a. Nondiscrimination in Employment The Contractor shall not discriminate against any employee or
applicant for gmployment because of race, color, sex, sexual orientation, religion, nitionit origin,
creed, marital status, age, Metnam era or disabled veterans status, or the pr-sence of any seisory,
DHS-FEMA-EMPG-FY22 Page 16 of 39 Kittitas Coung,E2TlU
mental, or physicalhandicap. This requirement does not apply, however, to a religious corporation,
association, educational institution or society with respect to the employment of individuals-of a
particular religion to peform work connected with the carrying on by such corporation, association,
educational institution or socieg of its activities.
b. The Subrecipient shall take action to ensure that employees are employed and treated during
employment without discrimination because of their race, color, sex, sexual orientation religionl
national origin, creed, marital status, age, Vietnam era or disabled veterans status, or the presence
of any sens!ry, mental, or physical handicap. Such action shall include, but not be limited to, thefollowing: Employment, upgrading, demotion, or transfer, recruitment or recruitment selection for
training, including apprenticeships and volunteers.
4.18 NOTTCES
The Subrecipient shallcomply with all public notices or notices to individuals required by applicable local,
state and federal laws and regulations and shallmaintain a record of this compliance.
A.1s 9$$UPATIO,NAL SAFETY/HEALTH ACT and WASHINGToN INDUSTRhL SArery/Henlrn ncJ(oSHA^,vtSHA)
The Subrecipient represents and warrants that its workptace does now or will meet allapplicable federal
and state safe$ and health regulations that are in effect during the Subrecipient's performince under this
Agreement. To the extent allowed by law, the Subrecipient further agrees to indemnify and hold harmless
the Department a1d its employees and agents from all liabilig, damages and cbsts of any nature,
including, bul not limited to, costs of suits and attorneys' fees assessed against the Departm-ent, as a
result of the failure of the Subrecipient to so comply.
A.2O OWT.IERSH IP OF PROJECT/CAPITAL FACILITIES
The Department makes no claim to any capital facilities or real property improved or constructed with
funds under this Agreement, and by this subaward of funds does not and will not acquire any ownership
interest or title to such property of the Subrecipient. The Subrecipient shall assume all liibilities ano
responsibilities arising from the ownership and operation of lhe project and agrees to indemniff and hold
the Department, the state of Washington, and the United States govemmenf harmless from any and all
causes of ac{ion arising from the ownership and operation of the proiect.
4.21 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 offioe or influence the approval or defeat of any ballot issue.
4.22 pROHtBtTtON AGATNST PAYMENT qF BONUS OR COMMtSStgN
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 asbistance or any other approval or
concurenoe under this Agreement provided, however, that reasonable fees or bona fide technical
consultant, managerial, or other such services, other lhan actual solicitation, are not hereby prohibited if
othenrise eligible as project costs.
4.23 PUBLICITY
The $ubrecipient agrees to submit to the Department prior lo issuance all adverlising and pubticity
matters relating to this Agreement wherein the Department's name is mentioned, or language useO from
which the connection of the Department's name may, in the Department's judgment, be inferred or
implied. The Subrecipient agrees not to publish or use such advertising and publicity matters without lhe
prior written consent of the Department. The Subrecipient may copyright orilinalw6rk it develops in the
course of or under this Agreement; however, pursuant to 2 CFR part 2bO.gt5, FEMA reserves a royaltp
free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to auilioriie
others to use the work for govemment purposes.
Publication resulting from work performed under this Agreement shall include an acknowledgement of
FEMA's ftnancial support, by the Assislance Listings Number (formerly CFDA Number), and a -statement
that the publication does not constitute an endorsement by FEMA or ieflect FEMA's views.
4.24 RECAPTURE PBOytStoN
ln the event the Subrecipient fails to expend funds under this Agreement in accordance with applicable
federal, state, 1nd local laws, regulations, and/or the provisions of the Agreement, the Defbrtment
reserves the right to recapture funds in an amount equivalent to the extent of noncompliance. S-uch right
DHS-FEMA-EMPG-FY22 Page 17 of 39 Kitrlas County, E23-184
4.25
4.26
4.27
A.28
of recapture shall exist for the life of the project following Agreement termination. Repayment by the
Subrecipient of funds under this recapture provision shall occur within 30 days of demahd. ln the 6ventthe Department is required to institute legal proceedings to enforce the recapture provision, the
Department shall be entitled to its costs and expenses thereof, including attorney fees from the
Subrecipient.
RECORDSa. The Subrecipient agrees to maintain all books, records, documents, receipts, invoices and all
other electronic or written records necessary to sufficiently and properly reflect the Subrecipient,s
contracts, subawards, grant administration, and payments, including all direct and indirect
charges, and expenditures in the performance of this Agreement (the "records").b. The Subrecipient's records related to this Agreement and the projects funded may be inspected
and audited by the Department or its designee, by the Office of the State Auditor, bHS, FEMA or
their designees, b1t the Comptroller General of the United Statee or its designees, or by other
state or federal officials authorized by law, for the purposes of determining lompliance by the
Subrecipient with the terms of this Agreement and to determine the appropiiate level of funding
to be paid underthe Agreement.
c. The records shall be made available by the $ubrecipient for such inspection and audit, together
with suitable space for such purpose, at any and all times during the Subrecipient's normal
working day.
d' The Subrecipient shall retain and allow access to all records related to this Agreement and the
funded project(s) for a period of at least six (6) years following final payment and closure of the
grant underthis Agreement. Despite the minimum federal retentlon requirement of three (3) years,
the more sldngent state requirement of six (6) years must be followed.
\tVhile the Department undertakes to assist the Subrecipient with tne prolecUstatement of worUwork plan
(project) by providing federal award funds pursuant to this Agreement, the project itself remains the sole
responsibility of the Subrecipient. The Department undertakes no responsibility to the Subrecipient, or to
any third party, other than as is expressly set out in this Agreement,
The responsibilityforthe design, development, construc{ion, implementation, operation and maintenance
of the projecl 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 pioject.
Prior to the start of any construction activity, the Subrecipient shall ensure that all applicable federal,
state, and local permits and clearances are obtained, including, but not limited to, FEMA compliance with
the National Environmental Policy Act, the National Histodc Preservation Act, the Endangeied Species
Act, and all other 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 shalt nbt toot to th6
Departrnent, 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 tiririteO to, cost of defense
and/or attorneys' fees, in connection with any claim or lawsuit brought by any third parg related to any
design, development, construction, implementation, operation and/or maintanance oi a jrojecl.
SEVERABILITY
lf any court of rightfuljurisdiction holds any provision or condition under this Agreement or its apptication
to any person or circumstances invalid, this invalidity does not affect other provisions, terms or conditbns
of the Agreement, which can be given effect without the invalid provisioh. To this end, the terms and
conditions of this Agreement are declared severable.
The Subrecipient shall comply with and inctude the audit requirements in any subawards.
Non-federal entities, as Subrecipients of a federal award, that expend $750,000 or more in one fiscalyear of federal funds from all sources, direct and indirect, are required to have a single or a program-
specific audit conducted in accordance with 2 CFR Part 200 Subpart F. Non-federalentities that ipend
less than $750,000 a year in federal awards are exempt from federal audit requirements for that year,
except as noted in 2 GFR Part 200 Subpart F. As defined in 2 CFR Part 200, theterm "non-federatehtity
DHS-FEMA-EMPG-FY22 Page 18 of 39 Kittitas Coung,E2g-1g4
means a state, local government, lndian tribe, institution of higher education, or nonprofit organization
that canies oul a federal award as a recipient or subrecipient.
Subrecipients that are required to have an audit must ensure the audit is performed in accordance with
Generally Acce$ed Government Auditing Standards (GAGAS) as found in the Government Auditing
Standards (the Revised Yellow Book) developed bythe United States Comptroller General and the OMB
Compliance Supplement. The Subrecipient has the responsibility of notifying its auditor and requesting
an audit in compliance with 2 CFR Part 200 Subpart F, to include the Washington State Audito/i Office,
a federal auditor, or a public accountant performing work using GAGAS, aJ appropriate. Costs of the
audit may be an allowable grant expenditure as authorized by 2 CFR Paft200.425.'
The Subrecipient shall maintain auditable records and accounts so as to facilitate the audit requirement
and shall ensure that any subcontractors also maintain auditable records. The Subrecipient is responsible
for any audit exceptions incurred by its own organization or that of its subcontractors. Responses to any
unresolved management findings and disallowed or questioned costs shall be included with the audit
report. The Subrecipient must respond to Department requests for information or conective action
concerning audit issues or findings within 30 days of the date of request. The Department reserves the
right to recover from the Subrecipient all disallowed costs resulting from the audit.
After the single audit has been completed, and if it includes any audit findings, the Subrecipient must
send a full copy oJthe audit and its Corrective Action Plan to the Department at the following address no
later than nine (9) months after the end of the Subrecipient's fiscal year(s):
Gontracts Office
Washington Military Department
Flnance Division, Building #1 TA-20
Camp Murray, WA 98430-5032
OR
Contracts.Off i ce@m i l.wa. g ov
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 CFR Part 200 Subpart F is a material
requirement of thisAgreement. ln the absence of a valid claim of exemption from the iludit 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 percentbge of federal iwards
being withheld until the audit is completed in accordance with 2 CFR Part 200 Subpart F; the withholding
or disallowing of overhead costs; the suspension of federal awards until the audit is conducted and
submitted ; or term ination of the federal award.
4.29 SUBRECIPIENT NOT EMPLOYEE
The Subrecipient, and/or employees or agents performing under this Agreement, are not employees or
agents of the Deparlment in any manner whatsoever. The Subrecipient will not be preseniedas nor
claim to be an officer oremployee of the Department or of the State of Washinglon by riason hereof, nor
will the Subrecipient make any claim, demand, or application to or for any right, privilege or benefit
applicable to an officer or employee of the Department or of the State of Wa-snington, including, but not
limited to, Workers'Compensation coverage, unemployment insurance benefits, Jocialsecurity benefits,
retirement membership_o1cre!!t, or privilege or benefit which would accrue to a civil service employee
under Chapter41.06 RCW; OFM Reg, 4.3.1.1.8.
It is understood that if the Subrecipient is another state department, state agency, state university, state
college, state community- cgllege, state board, or state commission, that the officers and employies are
employed by the State of Washington in their own right.
lf the Subrecipient is an individual currently employed by a Washington State agency, the Department
shall obtain proper approval from the employing agency or institution before entering-into this contract.
A statement of "no conflict of interegt" shall be submitted to the Department.
A.3O TAXES. FEES AND LICENSES
Unless otherwise provided in this Agreement, the Subrecipient shall be responsible for, pay and maintain
in cunent s{atus alltaxes, unemployment contributions, fees, licenses, assessments, peimit charges and
DHS-FEMA-EMPG-FY22 pag€ 19 of 39 Kittitas County, EZ3-184
expenses of any other kind for the Subrecipient or its staff required by statute or regulation that are
applicable to Agreement performance.
A.31 TERMilyATtON FOR CONVENTENCE
Notwithstanding any provisions of this Agreement, the Subrecipient may terminate this Agreement by
providing written notice of such termination tothe Department Key Personnel identified in the Agreemeni,
speciffing the effective date thereof, at least thirty (30) days prior to such date.
Except as othenrvise provided in this Agreement, the Department, in its sole discretion and in the best
interests of the _state of Washington, may terminate this Agreement in whole or in part ten (10) business
days after emailing notice. 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 liibte tor all
damages as authorized by law. The rights and remedies of the Department piovided for in this section
shall not be exclusive and are in addition to any other rights and remedies pr6vided by law.
4.32 TERMTNATTON OR SUSPENSTON FOR LOSS OF FUND|NG
The Department may,unilaterally terminate or suspend all or part of this Grant Agreement, or may reduce
its scope of work and budget, if there is a reduction in funds by the souroe of lhose funds, and if such
funds are the basis for this Grant Agreement. The Department will email the Subrecipient ten (10)
business days prior to termination.
A,33 TERMINATION OR SUSPENSION FOR CAUSE
ln the event the Department, in its sole discretion, determines the Subrecipient has failed to fulfill in a
timely and proper manner its obligations under this Agreement, is in an unsound financial condition so
as to endanger performance hereunder, is ln 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 aclion and provide
a period of time in which to cure. The Department is not required to allow the Subrecipient an opportunity
to cure if it is not feasible as determined solely within the Department's discretion. Any time aitbweO tor
cure shall not diminish or eliminate the Subrecipient's liabilityfor damages or otherwis-e affect any other
rernedies available lo the Department, lf the Department allows the Subrecipient an opportunity to cure,
the Departrnent shall notiff the Subrecipient in writing of the need to take corrective acti6n. lf the
corrective action is not taken within ten (10) calendar days or as otherwise specified by the Department,
or if such conective action is deemed by the Department to be insufficient, the Alreemeni may be
terminated in whole or in part,
The Department reserves the right to suspend all or part of the Agreement, withhold further payments,
or prohibit the Subrecipient from incuning additional obligations of funds during investigaiion of the
alleged compliance breach, pending corrective action by the Subrecipient, if allowed, 6r pending a
decision by the Department to terminate the Agreement ln whole or in pirt.
ln the event of termination, the Subrecipient shall be liable for all damages as authorized by law, including,
but not limited to, any cosl difference between the original Agreement and the replacement or cover
Agreement and all administrative costs directly related to the replacement Agreement, e.g., cosl of
administering the competitive solicitation process, mailing, advertising and othei associated staff time.
The rights and remedies of the Depaftment provided for in this sec'tion 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.
4.34 TERMTNATTON PROpEDURES
ln addilion to the procedures set forth below, if the Department terminates this Agreement, the
Subrecipient shall follow any procedures specified in the termination notice. Upon term-ination of this
Agregment and in addilion to any olher rights provided in this Agreement, the Dbpartment may require
the_Subrecipient to deliver to the Department any property specifically produced or acquirei foi the
performance of such part of this Agreement as has been terminated.
DHS-FEMA-EMPG-FY22 Page 20 of 39 Kitttas Coung, E23-iB4
lf the termination is for convenience, the Department shall pay to the Subrecipient as an agreed uponprice, if separately stated, for properly authorized and completed work and seruices renderJd or goods
delivered to and accepted by the Department prior to the effective date of Agreement terminatifi, the
amount agreed upon by the Subrecipient and the Department for (i) completed work and services and/or
equipment or supplies provided for which no separate price is stated, (ii) partially completed work and
services and/or equipment or supplies provided which are accepted by the Department, liii; other work,
services and/or equipment or supplies which are accepted by the Department, and (iv) the'piotection 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 thetermination is for cause, the Department shall determine the exteni of the liability of the
Department. The Department shall have no other obligation to the Subrecipient for termination. The
Department may withhold from any amounts due the Subrecipient such sum as the Department
determines to be necessary to protect the Department against potential loss or liability.
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:
a. Stop work underthe Agreement on the date, and to the extent specified, ln the notice;b. Place no further orders or contracts for materials, services, supplies, equipment and/or facilities
in relation to this Agreement except as may be necessary for completion of such portion of the
work under the Agreement as is not terminated;c. Assign to the Deparlment, in the manner, at the times, and to the extent directed by the
Department, all of the rights, title, and interest of the Subrecipient under the orders and con[racts
so terminated, in which case the Department has the right, at its discretion, to settle or pay any
or all claims arising out of the termination of such orders and contracts;d. Settle all outstanding liabilities and all claims arising out of such termination of orders and
contracts, with the approval or ratiftcation of the Department to the extent the Department may
require, which approval or ratification shall be final for all the purposes of this clause;e. Transfer title to the Department and deliver in the manner, at the times, and to the extent directed
by the Department any property which, if the Agreement had been completed, would have been
required to be furnished to the Department;
f. Complete performance of such part of the work as shall not have been terminated by the
Department in compl iance with all contractual requirements; andg. Take such action as may be necessary, or as the Department may require, forthe protection andpreservation of the property related to this Agreement which is in the possession of the
Subrecipient and in which the Department has or may acquire an interest.
M I NORtTy ANQ. WOM EN-O\ JT\,|ED BUS I N ESS ENTERPRTSES
ln accordance with the legislative findings and policies set forth in Chapter 39.19 RCW, the State of
Washington€ncourages participation in all its contracts by M\AIBE firms certified by the Office of Minority
and Women's Business Enterprises (OMWBE). To the extent possible, the Subrecipient will solicit ani
encourage minority-owned and women-owned business enterprises who are certified by the OM!\AE
under the state of Washington certification program to apply and compete for work undei this contract.
Voluntary numericalM\AE_E participation goals have been established, and are indicated herein: Minority
Business Enterprises: (MBE's): 10% and woman's Business Enterprises (wBE's): 6%.
VENUE
This_Agreement shall be construed and enforced in accordance with, and the validity and performance
shall be governed by, the laws of the state of Washington. Venue of any suit betweeri tne pirties arising
out of this Agreement shall be the Superior Court of Thurston County, Washington. The Sdbrecipient, b!
execution of this Agreement, acknowledges the jurisdiction of the courts of the state of Washingiton.
4.35
4.36
DHS-FEMA.EMPG-FY22 PagE21 of39 Kithtas County, E23-184
4.37 WAIVERS
No conditions or provisions of this Agreement can be waived unless approved in advance by the
Department in writing. The Department's failure to insist upon strict performance of any provision 6t ttre
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-EMPG.FY22 Page 22 of 39 Kittilas County, E23-184
Attachment C
zzEMPG Award Lefter
EMS-2022-EP-00006-S01
'
U.S. Department of Homeland Security
Washinglon, A.C,20472
Brel Daugherly
Washington Military D epadment
Building 20
Camp Munay,WA9Eif$ - 5122
Re: Grant No.EMS-2022- EP-0t1006
Dear Bet Daugherlyr
Congratulatione, on behalf of the Deparlment of Homeland Securily, your applicalion for financial assistancs submilted under
lhe Figcal_Year (FYl2V22 Emergency Managemenl Psformance Grints hai baen approved in the amount of S8,625,483 00.
As a condilion of this mvard, you ar€ required to contribul€ a cod malch in lhe amouiri of $8 F25 {83.00 of nonF ederalfunds,
or 5{l percenl of lhe lolalapprored projEct co6ts of t17250"966.0.
Before,you_requesl and receive any oflhe Federalfunds qwardgd to you, you rnusi establish acceplaoce oflhe award. Ey
accep.ting this award. you acknowladge lhal 0ra lerms of 0ra folloring documenls are incoryorate.i into the lerms of your'
award;
. Agreement Articles (attached lo lhis Awad Leiler). Obligating 0ocument (altached to lhis Award Latter)' F_\nn Emargancy Managemanl PerformancE Grante Notice of Funding Opporlunily.. FElrlA Praparedness Grants Manual
Pleasa make suro you read, undersland. and maintain a copy of these documsnts in your official file forlhis award.
In olderlo eslablish acceptance of fie award and ils lerms, please follorvthese insfuclions:
Step 1: Please log in lo lhe ND Grants system at hfips://p0rlal.fama.gov,
Step.2:Afler logglng h, yo.u.will see th€ Home page wilh a Pending Tasks menu, Click on lha Pending Tasks manu, salacl lhe
Application sub-menu, and lhen clic* lhe link for "Award Ofier Revieuf tasks, This link wifl navigate yo-u to Award packages
thal are pending rwiew,
Step 3: Clic* lhe Rsvbw Award Peckage icon (wrenclr) lo review lhe Award Package and accept or dsdine the award. plEase
savs or pdntlha Award Package fot your records.
Sy$em forAward Management (SAM): Granl recipients are to keep all of their information up to date in SAld, in particular,
your otganizalion's name" address, Unique Enttty ldentifier (JEl) numbar, EIN end banking infomalbn. Please ensure thai
lhe UEI number used in SAM is lhe same one used lo apply for all FEMAawards. Future fiaymanlswill be conlingenl on the
informetion provided h tre SAlvl;lherefore, il is imparative ihat the infonnetion is correcl. ihi System forAward lilanagemenl
is lo cate d al htto:/ilrww. sa m.oov.
lf you have any queslions or_h-ave.updaled your informalion in SAlvl, please lel your Granls Managemenl Specialisl (GMS)
knorv as 60on as possible. Thiswiilhelp us to make lha necessary updates and- avoid any interrui'tions in lire paymdnt
pr0cess.
DHS.FEMA.EMPG-FY22 Page 23 of 39 Krttitas County, E23 -1 84
PATRICK GERARD MARCIJAM
DHS-FEMA-EMPG.FY22 Page 24 of 39 Kittitas County, E23-184
ct
U.S, Department of Homeland Security
Washinglon, D.C.20472
GRA]ITEE:
PROGRAIlI:
AGREEME]IT IIUMBER:
tulida I
Artic-le ll
Arlicle lll
&lide lV
tuticleV
tutida Vl
Arids vl
Ariclevlll
Atide lX
Arlicle X
&licla Xl
tuticla Xll
&lide Xlll
AGREE['IEIIT ARTICIES
E merg ency Managamenl Performancg Grents
Vlbshingto n Milita ry Oapa rlma*t
Emergen c1 Man a g eme nt Pe rformatt Gs
Glanls
EMS.2022.EP{lm06.S01
TABLE OF CO}ITEIITS
DH$ Standard Terms and Condilions Generally
Assurances.Adminishative Requlemenls, Cost Principles,
R epresenlation s an d Cedificalio ns
GenE lal Acknoarledge menle and Assurance s
Acknowledgemanl of Fsderel Funding from OHS
Acliv ilies C ondu de d Abroad
Aga Discriminalion Acl of 1975
Americans with Disabilities Act of 1S0
Basl ftactices for Colleclisn and Uss of Personally
ldsntfliable lnfomation
C ivil Rights Acl of 1 954 - Tille V
Civil Righle Act of 1968
Copyighl
Debarmenl and Suspension
DrugFree Wo*pla ce Ragulelions
DHS.FEMA.EMPG.FY22 Page 25 of 39 Kitlitas County, E23-1U
Article XIV
Article X/
Article X/l
Article X/ll
Article X/lll
Article XIX
Artlcle XX
Ailicle )O0
&tlcle )0(l
tuticle )C(lll
Arlicle )filV
Arlrcle XXV
Article )C(Vl
Article X)ryll
&tiole )fiVlll
Article )O(X
Article )O(X
Artlcle )O(Xl
Article )00(l
Article )C(Xlll
Article )frXlV
ArticlE )0OO/
Duplication of Benefits
Education Amendmerils of 1972 (Equal Opportunity in
Education Act) - Title lX
Energy Policy and Corservalion Acl
False Clairns Aot and Program Fnud Civil Remedies
Federal Debt Status
Federal Leadership on Reducing Text Messagirp while
Driving
Fly Arnerica Act of 1974
Hotel and Motel Flre Safety Ad o11990
John S. McCain National Deferce Ar.rthorization Act of Fbcal
Year 2019
Udbd English ftolioiency (Civil Rights Act of 1964 - TiUe Vt)
Lobbyirg Prohititions
Mtional Ervironmenbl Polioy Act
Nondiscrimirntion in Matters Fertaining to FaithBased
Organizations
Non-Supplanting Requirenent
Notice of FundirB Oppodunity Requlremenb
Patents ard lntelbctual Properly Rights
Procurement of Recovered Materials
Rehabilitation Act of 1973
Reporting of Matters Related to Reciplerrt lntegdty and
Perforrnance
Reportirg Subawards and B<ecutive Compensation
Requhed Use of Arnerioan lron, Sleel, Manuhdured
Producb, and Consfruction Mderlalg
SAFECOM
DHS-FEMA.EMPG.FY22 Page 26 of 39 Kittitas County, E23-184
Article )C(X/l
Article )OfiVll
Article )C(X/lll
Article )O(XIX
Article XL
Arlicle XLI
Article )(Lli
Terrorist Firnrnng
Traffickirg Victims Protection Act of 2000 OVPA)
Universal ldentificr and System of Award Managenent
USA PATRIOT Act sf 2fr)l
Use of DHS Seal, Lop and Flags
lMi$leUower Protectio n Ad
Environmental Planning and Historic Preservation (EHp)
Review
Arlicle Xllll Appllcabllity of DHS Standard Termsand Conditionsto
Tribes
Adiole )GlV Acceptance of Post Award Changes
Artlcle XLV Disposition of Equipment Acquired Under the Federal Award
A'ticle KVI Prior Approval for Modifrcation of Apprwed Erdget
Article XLVI I tndirect Cost Rate
Artlcle I - DHS Standard Term6 and Condltlons Gcnerally
The Fiscal Year (Fy) 2022 DHS Sbndard Tenns and Conditions apfi to all nerv federal financial assistrance awards furrded
inFY N72' These terms and conditions flow dorrrn lo subrecipients uriless an award term or condition specifrcally indrcates
olherurise, The United States has the right to seek judicial enforcenunt of these obligalions.
All leglslatlon and drgital resources are reterenced with m digital links. The FY 2A22 DHS Starrdard Termg and Conditiom will
be housed on dhs"gov at www.dhs.gov/publicationrfl Sdhs-stardard-terms-and-conditions.
Artlcle ll - Assurancas, Admlnlstratlve Requlrennnts, Gost Prlnclptes, Representailons and Gerflflcatlons
l. DHSflnarclal assistance recipienb must complete either the Offioe of Management and Budget (OMB) Standard Form
4248 Assurances - Non-oonstrmtion Prograrns, or oMB Standard Form 424D A.ssuranoes - construAioh progranr, as
applicable. Certain assurances in lhese docurnents may rot be applicaHe to your Fogram, and the DHS finanaid assi$arrce
ofiice (DHS FAO) rnay require applicants to certiff additional assurances- Appticants Lre requred to fill out the assuran@s as
instnr,ted by the awardlrg agency.
ll. DHS linancial assiSanoe recipients are required to follor the appicable provisbns of the Uniform AdminisfagvE
Requirements, Cost fuind$es, and Audit Requirements for Federal Awards located at Tlde 2, Code of Fedeml Regulafons
{C.F.R.) Fail 200 and adofled by DHS at 2 C.F.R. part 0002.
lll. By aocepting this agreernent,recipients,andtheirexecutives,as detired in 2 C.F.R.section170.31b, oertiffthat lheir policies
are in aocordanoewith OMBs guidance looated at 2 C.F.R- Part 200, all appicable federal laws, and relevant ExeouiVe
guidance.
Artlcle I ll . Oeneral Ac*nowledgements and Assurancef
All recipients, sutrecipients, suooessorE, transferees, and aseignees mr.rt acknowledge and agree to comply with applicable
provisions gwerning DHS access to recor&, aooounts, docurnente, informalion, facllities, and staff.
DHS-FEMA-EMPG.FY22 Page 27 of 39 Kittitas Gounty, E23-1 84
L Recipienb must cooperate with arry DHS compliarrce reviews or compliance irvesligations conducted by DHS.
ll' Reciptents must give DHS access to examine and mpy records, accounts, and other docunnnts and sources of informaton
related to the federal finarrcial assishnce award and permit aocess to faoilities or personrel.
lll Recipients must subrnit timely, complete, and acourate reports to the appropriale DHS ofiicials and mainlain appropriate
backup clocurnentation lo support the reports.
lV. Recipients must comply with ail other special reporting, data collection, and evaluration requtrernents" as prescribed by law,
or detailed in program guidance
V' Recipients (as defined in 2 C.F R. Part 200 and including recipients acting as pass-thror.rgh entities) of federalfinancial
assistiance from DHS or one of ils awardrng component agencles must comflete the DHS Ovil Righb Evalmtion Tool
withln thirty (30) days ot receipt of the Notice of Award for lhe first award under whioh this term aplties Recipient6 of
multiple awards of DHS linancial assistance should only submit one completed tool for their organization, noi per award.
After the initial submission, rectpienb are required to oomplete the tool once every two (2) yeaL lf they have an ac11e
1w11d, not anery time an award is made Recipients should submit the completed tool, including suppbrting materials, to
CivilRtghtsEvaluatlon@hq,dh8.gov. This tool clarifies the civil ilghts oHigations and reiated reportinf'requrrlmerrts mntained
in the DHS Standard Terms and Conditons, Subrecipients are not required to complete and submit-this tool to DHS The
evaluation tool can be fsund at hftps:/A,ramr.dhs.gov/prblrcaliorydhs-civil-rights-evaiuatiorutool.
The DHS Office for Civil Righls and Civil Lberttes will consider, in its dscretion, granting an extension lf the recipient
identiftes steps and a timelirn for comdeting the toot. ReciFients strould requestlxtens-rons by emailirp the reqrbst to
CivilRightsEvaluation@hq dhs.gov pior to expiration of the 30-day deadline
Artlcle lV - Aclmowledgernant of Federal Fundlng from DHS
Recipients must ackmwb@e their use of federal funding h,hen issuirg statemenls, press releases, reguests for proposal, bld
invitations, and oher docunents describirg projects or progrars funded in whole or in pad with tederaifunds.
Artlcle V -Actlvftles Gonduc,ted Abroad
Recipienls must ensure that project activites perforrned outslde the United States are coordinated as necessary with
appropfiate gwernment autlrotities ard that appopriate licenses, pennits, or approvals are obtained.
Artlch Vl - Age Dlscrlmlnatlon Act of 197€
Recipients must comPly with the requ'rements of the Age Diecrimination Act of 1975, pubilb Law 94-106 (1s7g) (codified as
amended at Tille 42, U.s. Code, section 6101 et eeq.), which prohl[its discriminaton on tte basis of age in any irogram or
actvlty reoefuing federal linanoal as$stance
Ar0cle Vll . Amerlcans wlth Dlsabllltles Ac{ of i990
leclPiente must comply wih the requirernents of Tiues l, ll, and lll of the Americans with Disabilities Act RJb. L. 101 -336
(1990) (mdified as anended at 42 U S.C, sections n1A1 - 12213),which prohi$ts recipienls from discriminating on the basis
of disability- in the operation of puHrc entiths, public and private hansportation systerns, places of public accommodation, and
certain te$ing entities.
Aillch Vlll . Bast Pracdces for Collec'tion and Use of Personally ldantlllable lnformatlon
Reciq{,ents who colbct personally ldentifiaHe informalion (Pll) are reguired to have a pubtbly availaHe privacl policy that
describes standards on the usage and nElntenance cf the Pll trey colleol. DHS defin'es Pll bs arry info;rnalio'n ihat iermib tlr
5tenfity ol an individualto be direcdy or indtredly infened, irnlucf,ng any information trat is linked or linl<able to that irdividual.
Recipients rnay also find the DHS Privacy lmpact Assessnents: eiVaiy Guidane and p6vacy Template as usetul resources
respectively.
Arflclc lx - ctvil Rtghts Act of 1034 - Ttile vt
Recipients ryust comply witl the rcqrlrements of Ti[e Vl of the Civil Rtghts Act of 1964 (codified as arnended at 42 U.S,C"
tsctiol 20CI! et seq.), which provides that no percon in the United Stiates will, on the grounds of rscs, color, or national origln,
be excluded from participation in, be denied the benefils of, or be subJec,led to discrimination under a6y pogram or actlvity
DHS.FEMA-EMPG.FY22 Page 28 of 39 Kittitas County, e23-1 84
receivirE federalfinancial assistance. DHS implenenting regulations for the Act are found at 6 C F.R part2l and 44 C F R.Part7.
Arfich x . civit Rtghts Act of 1969
Recipients must comply with Title Vlll of the Civil Rights Act of 1968, RJb- L 90-284, as amended through pub. L 113-4,
which prohitits reciplents from discriminating ln the sale, renlal, frnarnirg, and advertlsing of drellings, or in the provision of
servlces ln conneotion therewith, on the basis of race, color, nalional origin, religion, disability, famrlrJl status, and sex (see
42 U.S C sectlon 3601 et seq,), as implernented by fre U.S. Departnent of Housrng and Urban Develop,nent at 24 c,F,R
Part 100. Tle prohibition on disability discrimination includes the requtrennnt thal new multifamily housrng wilh four or more
dwelling units - le , the publio and common use areas and individual apadrnent units (all units in'buildingJwilh elevators and
ground-floor units in buldrngs without elevators) - be designed and corstrrcted with certain accessible features (See 24
C.F.R. Part 100, Subpart D )
Artcle Xl . Gopyrlght
Recipierrts must affix the applicable copyrlgtrt notices of 17 U.S C sections 4O'l or 402and an acknowledgement ol U.S.
Government sponsorship (irrcluding the a'*,ard nunrber) to any work first produoed under lederal frnancial issistarrce awards.
Artlch Xll - Debarment and Suspenslon
R99iq]ents aF subJect to the mn-procurement debarrnent arrd suspension regulatons implementing Executive orders (E"O )125€ and 12689, which are at 2 C,F R. PaIt 180 as a&ged by DHS at 2 C.F.R. Part 3m2. These regulations restrict
federal financial assistarpe awards, subawards, and contracts with certain parties that are debarred drspenOeO, or otheruise
excluded from or ineligible for participation in federal assistarpe programs or astivities.
Aillcle Xlll - Drug.Free Workplace Ragulatlons
EejE{elts T?8t comply with drugfree worlglace requirements in subpart B (or Subpart C, if the reciper{
C.F.R, Part 3o01, whioh adopts the Government-wide implenrentatbn (2 C.F.i?, Part 1S2) 6t Sec. Sf 5Z-St
Wo*place Ac-t of 1988 (41 U"S.C. seotrons 8101-B1Oe).
Artlcle XIV - Dupllcallon of Benellts
is an indrvidual) ol 2
58 of the Drug-Free
Arry cost allocable to a particular federal financial asslstance award provided for in 2 C.F.R. part 200, Subpart E my not
be chargBd to other federal financial as€isance awards to overcome fund deficiencies; to avoid restrictions imposed Uy
federat statutes, regulations, or lederal linancial assistarrce award terms ard condrtions; or for olher reasons, Hovevei, these
prohibitions would rpt peclude recipients fiom shiftirE costs that are alloraUe under t\'vo or more awards in accordance with
existing federal Etalules, regulations, or the federal flnandal assistance anvard terms and conditions.
Artlcle xv - Educafon Amendments of l9z (Equal opportunlty ln Educailon Acg. Tilh x
Reciqients must complywlth the requiremenls of Title lX d the Edrration Amendrnentsot 1972,Arb. L. 92€1S (1972)
(mdified as arnended at 20 U.S.C. section 1681 et seq ), which provide that no percon in the United Statee will, on thebasis
of sex, be excltded from padicipation in, be denied the benefits o[ or be subjected to discrimlnation under any edrcational
Proqqm or activity r€ceivirg federal linarrlal asslstance. DHS implennntirE regulations are codified at 6 C.F.il. part 1Z and
44C.F.R. Fart 19,
Artlcle XVI - Encrgy Pollcy and Conservadon Act
Recipients TyP!99qp,t "ith the requirements of the Energy Folicy and Conservation Act, Pub. L. 94 160 (1975) (oodified as
anended at 42 U.S.C. seclion 6201 et seq.), which contain policies relaling to ener5ly efficiency that arE deilned inthe state
enetgy oonservation plan issued in compliance withthis Act.
Artclc XVll . False Clalms Act and Program Fraud clvll Reredbs
Recipients mmlcomply with the requirements of the False ()ainF Act, 31 U.S.C sections 3729- 3733, whioh prohitit lhe
subrnission of false or fraudtlerrt clairns for payncnt to the Federal Govemrnent (See 31 U.S.C. sections gg0i.gg12, which
d€tails the administrative remedles lbr false claims and shternents rnade.)
Article XVlll. Federal Debt Status
DHS-FEMA-EMPG-FY22 Page 29 of 39 Kittitas County , E23-184
All recipients are required lo be non-delinquerrt in their repayment of any federal ded. Examples of relevant debt lrrclude
delinquent payroll and other taxes, audit disallowances, and benelit overpayments (See OM'B Crrcutar A12g )
Aillcb XIX - Federal Leadarshlp on Reducing Text lulessaging wlrlte Drfuing
Reoipients are encouraged to adopt and enforce policies that ban text messaging while driving as described in E O, 13513,
including condrcting initiatives described in Section 3(a) of the Order when on ofiiqal gorrernment business or when
performing any work for or on behalf of the Federal Governrnent.
Artlcle XX ' FlyAmeilca Act of 1974
Reciplents must comply with Preference for U.S. Flag Air Caniers (air carriers holdirg certilcates under 4g U.S.C.) for
international air transportation of people and property to ttre extent hat sr.roh service is available in aocordarrce wiin tne
lnternational Air Transportation Fair Competitive Prac'tices Act ol 1974,49 U.S.C. seotion 40118, and the interpretative
guidelines issrcd by the Compkoller General of the United States in the Maroh 31, 1981, arnendnrerrt lo Comflroller General
Decision &138942.
Ar$cb XXI . Hotel and llllotel Flre Safety Ac-t of t990
Recipients mmt ensure lhat all conference, meeling, convention, or training space funded in whole or in part with federal
funds complies with the fire prwention and mrtrol guidelirns of Section 6 of the Hotet and Motel Flre Saiety Act of 1990, 1 5
U.S.C. section 2225a.
Attlcle XXll - John S. McGstn Natlonal Defense Authorlzatlon Act of Fiscal Ycar fr19
Recipients, subleclfients, and their contradors and subcontractors are su$eo1 to the prohrbrtiors described in section ggg of
the John S. McCain National Defeme Authorization Ad for Fiscal Year 2019, Pub. L irto, 115-232 (2018) and
2 C'F.R. sections 200.216, 2frA327,2f,o.47'1, ard Appendix llto 2 c.F.R. Part 200. Beginnng August ti"ZOZO, the statute
- as it applies to DHS recipient$, subreoiprients, and lheir contractors and subcontractors - profrlUG obligatirp or expending
federal award funds on certain teleoommunications and video surveillance products and c6ntnctirg wrth ceriain eriities toi
national security reasons.
Artlcb XXlll . Llmlted Engllsh Proftchncy (Gtvil Rtghts Ac't of l0B4 . Ttile M)
Recipienls muet comply withTitle Vl olthe Clvil Rights Acl of 1964, (42 U S.C. section 2000d et seq.) pohitition against
discrimination on the basis of national origin, whlch reqrires that recipien6 of federal financial assisidrice tat<e reasinable
$teps to provide meaningful ac,cess to persons wilh limiled Erglish profi<terny (LEP) to their progranrs and services. For
additional asslslance and informalion regardrng language aooess obllgatiors" please refer to the DHS Recipient Guidance:
hfrps:llrtrunr.dhs.gMguidanc+ptblishecl-helpdepadment-supported-organizations-provide-meaningful-access-peofleJimited
and additional resources on h[p:/r1rww. lep. gov.
Artcle XXM - Lobbylng Prohlbitions
Recipients mtnt comply with 31 U.S.C. Gection 1352, wlich provides lhat nore of the funds provided under a federat financial
assistiance award may be expended by the rcclpient to pay any penion to influenoe, or ailempt to lnfluence an officer or
gmployee of arry agency, a Member of CorEressr an officer or employee ot corEress, or an imployee of a Member of
Congtess ln connection with arry federal actbn related to a tederal award or contract, including any exten€iotrr, oontinmtion,
renewal, amendrnEnt, or modification.
Artcle )ilV - Natlonal Enylronmental Pollcy Act
F99P"nt must comply with the requiremerrts of the National Ervironrrenhl Folioy Act of 1969, (NEPA) pub. L. 91 -190
{1970) (oodified as arnenfu at 42 U.S.C. section 4321 et eeq,) and the Courrc;l on Environrnendt Aratity (CEe) Regulations
for hplementing the Procedunal Provisions of NEPA, wh'ch require recipbnts to use all pradicable rneans within their
authori$, and cornistent wlth other essential considerations of national policy, to create and maintain corrditiors under which
people and nature can exist in productive hanrnny and fullill lhe eocial, emnomiq and other reeds of pesent arrd frjure
generations of Arnerica rB.
Artlch XXVI - Nondlscrlmlnatlon ln Maters Pertalnlng to Fatlh€ased Organlzaflons
It is DHS policy to ensure the equal trealment of faithbased organizatlons in social seMce prog6rm administered or
eupported by DHS or its cornponent agencies, enaUing those organizations to participate in p&iaing impoftant social
DHS.FEMA.EMPG-FY22 Page 30 of 39 Kittitas Coung, E'23-'184
services to benefioiaries. Recipients must comply with the equal treatment policies and reguremer*s contained in 6 C F.R
1..|t _19 ard other appicable staue€, regulatiors, and guidance gwerning ihe partrcipatiorn of falthbased organlzations rn
individual DHS programs.
Artlch XXVII . Non-Supplantlng Requlrement
Recipbnts receiving
that federal funds do
sources.
fedenl finarcial assistance awards made urder prograns that prohitrit supplantirg by law must ensure
not replace (supplant) funds that have been budgeted for the same purpose through non-federal
Artlcb )O(Vlll. Notlce of Fundlng Opportunltlr Requtrements
All lhe inskmlions, guidanoe, limitations, and other conditions set forth in the Notrce of Funding Opportunity (NOFO) for thisplogrcm are incorporated here by reference in the award tenns and conditions. All recipierts musi compty ivitn arry iuon
requirenents set forth in the program NOFO.
Arflcle XXX - Patents and lntellec{ual property Rlghts
Recipients are subject to the Bayh-Dole Act, 35 U.S.C. seclion 200 el 6eq, unless othenivise prwided by law. Reoiprents are
su$ect to the specific requirenrerts governing the development, reportirB, and disposition of rights to lrlentions and patenb
resulting from fedefal financial assistance awards located at 37 C.F.R. Part 401 and the $anctard patent rights chuse loceted
at 37 C.F.R. section 401.14.
Arllcle XXX - Procurenpnt of Rccoveted lVlaterlals
Stales, political subdivisiorn of states, and their contraclors must comply with Sec'tion 6002 of the Solid Waste Dsposal Act,
?U. t- 89-272 (1965), (dlfied as amended by the Resource Conservation and Recovery Acl,42U.S.c seotion b962.)
The requirernenls of Sec'tion 6002 inolude procuring only ltems designated in guidelrnes oithe'Environmental proteotbn
ASgncy (EPA) at 40 C.F.R. Parl 247 lhat contain the highest percenbgo of recorrered materials practicable, corsistent wlth
maintaining a satisfac.lory level of oompetition.
Adlcle )fiXl . Rehabllltadon Ac{ ot 1973
Recipients rrust comply with the reguirements of seclion 504 of the Rel'nbilitation Act of 1973, pub. L g3-1 1 2 (1973) (codified
as arnen@d at 29 U.s.c. section 794), which providet tlnt no olheruise qualified handbapped indivduals in the Uniied
States will, solely by reason of the handicap, be exduded from participat;on in be denied tir'e benens of, or be subjected to
disffimination under arry program or activity receiving federal finarrcial assistance.
Artcle XXXII - Repoilng ot ltllatlers Related to Raclptent lntsgrlty and Perlorrnnoe
General Reponing Requirernents:
lf the total value of arry o:nently_aclive grants, cooperative agreenrents, and procurement contracts from all lederal awarding
agenoies exceeds $10,000,000 for any period of time dr.rlng lhe period ot peilormance of this federal award, then the
lecipienb must comply with the requiremerrts set fortn jn me gwemment.wide Award Term and Condition for ReciFient
lntegnity and Rrformance Matters located at 2 G.F.R. Part 200. Appendix Xll, the full text of wtfch is irnorporated i,rere by
reference in the atard terms and conditions.
Aillcle XXXlll - Rcportlng Subawards and ErecutlveCompensaflon
Reporlirg of first tiersubarards:
Recipeds are required to comply with the requirements set forth in the government-wide award term on Reporting Subawards
and Executve GomperFation located at 2 C.F.R. hrt 170, Appendlx d lhe full text of which is incorporated'nere 6y refererre
in he award lerms and condilions.
Article XXXIV - Requlred Use of Armrican lron, Steel, ll/hnufactured Products, and Gonstruc{lon llbterlats
Recipients and eubreciplents must comply wit! the Build Anredca, Ery America Act (BABAA), whioh was enacted as part
of lhe lnfrastructure lnvestrnerrt and Jobs As't Sectiors 7on1-7og27,irub. L, No. 117-s8 (2fit); ancl Executive order
14005, ErsurirE the Future ls Mde in Al of Arnerlca ry Ail of Arnedca's Workers Se a/so ofrice of Management and
P.,rdS"l (OMB), Mernorandum M:22.11, lnitial lmpemenhtion Guidance on Application of Br.ry Anerica prefelence in Federal
Flnancial Assistarrce Prograrns for lnfrastrrrcture.
DHS.FEMA-EMPG.FY22 Page 31 of 39 Kittitas county, E23-184
Recipients and subrecipbnts of federal financial assistarpe progmms for infrastructure are hereby notifted that norB of the
funds pwided urder this award may be used for a projeot for infrastructure unless:
(1) all iron ard sleel used in tle proJect are produced in the United State+tils rneans all manufacturing procesges, from the
initial melting etage through the appfication of coatings, occurred in tle united states,
(2) all-manufactured products used in the projed are produced in the United states--this rneans the manufactured product was
manufactured in the United States; and the cost of the components d the manufiactured product that are m;ned, prod,rceO. ot
manufactured in the United States is greater than 55 percent of the total cost of all components of te nnnufactuied podud,
unless anolher standard for determining the minimum amount of dornestic content of the nmnufaclured prodlc{ has 6een
established under applicable law or regrXation; and
(3) all construction materials are rnanulachrred in tle United States--thts means that all manufacturing proo€sses for the
constnntion material occuned in the United Slates.
The Buy Arnerica preference only applies to arlicles, materlats, ard supplies that are consumed in, incorporated into, or
afiixed to an infrastructure prqect. As smh, it does mt apply to tools" equipnnnt, and supplres, such as iemporary scaffoldirg,
brougfitt to the oorstrudion sile and removed at or before the completion of the infrastrrrcture proJec't Nor does a erry Amerioi'
Preference apply to equipnent and furnishirEs" srch as morable chaus, desks, and podable computer equipmert, tirat are
used at or within the finished lnftastructure projeot, but are not an integral part of the'structure or furmanentiy afiixed to the
infrastructure projecil
Waivqs
\lUhen rFcessary, recipients may apply for, and lhe agency rnay grant, a waiver from these req:lrements.
(a)t$/h9n the federal agency has made a determination that one of the following exceptiors applies. the awardirg ofiicial may
waive the applietion of lhe doneslic content procurernent preference in arry case in *rucn tnb'ageirry determines tnat
(1) applying the dornestrc content procurernent preference would bo lnconsistent with the puuio interest;
(2) sle types of iron, sleel, rnanufactured poduots, or con$ruction materials are not produced in the United States in
sufjglent and reasonably avaitaHe quantilies or of a satisfactory quality; or
(3) the induslon of iron, steel, manufactured prodrcls, or constnrction materials produced in ttre United Stales will increase
the cosl of the overall project by more tnn 25 percent
I request to waive the application of the domestic content procurement prefererrce must be in writing. The agency wi{l provide
instructions on the format, contenls, and supportirg rnaterials required for any waiver request. WaivJr req,.reits aie subject to
public comrnent periods of no less than 15 days and must be rwiewed by the OMB Made in America Otfice
There rnay be instances wlere an award qualifies, in whole or in pa( foran exisflrg waiver deecribed. For awards by the
Federal Emergency Management Agerpy (FEMA), existing waivers are available and fre waver prooess is describeil at
"tsry Ame{,84" Prqfgtenq*in f€MA ffinffruid figgisti$@ Progrems for lnlrqsd{uc{r.re .ffEMA*ggv. For awards by other DH$
components, please corilact the applicable DHS FAO.
To see whethera particular DHS federal financial assistarrce program is considered an infrasiruc.ture program and thus
required lo include g &ry Arnerica preference, please either contacl lhe applicable DHS FAO, or tor FEMA arards, please
see f;ggrg66 andQef,nilbrs; &dld Afrprioa. Brrg AmerhA fiq||FEM{gpV
Artlcle XXXV - SAFSOII|
Recipients receving lederal finarrcial assistance awards made under prograrns that provide ernergency communicatton
equiprnent and lts related activlties must comply with the SAFECOM Guidance for Ernergency Commdnication Grants"
inoludirB provisions on technical standards that ensure and enhanoe interoperable commrnications.
Ardcle XXXI/I . Terrorlst Flnanclng
Recifients must oompV wlth E.O. 13?24 and U.S. laws that pohibit transacllors with, and the provisiors of resources and
support to, individuals and organizations associated with terrorism. Recipenls are legally responsible b erpure comfltance
with the Order and laws,
Artcb x)fi\tll . Tralllcklng Vtctlms protec,flon AG,t of z(trO (WpA]
Traffiddrg in Persorn
DHS-FEMA.EMPG-FY22 Page 32 of 39 Kittitas Coung. E23-1M
Recipients rru:t comp,ry with the requirernents of the government-wi& linancial assistance award term \ivhich impements
Section 106 (d of the TraffickDE V'clims Proteclion Act of 2fl)0 fiVPA), codified as anenJed at 22 U,S.G. sectiirn 7104.The
award term is located al2Cf R- section 175.15,the full text of which ls irrorporated here by reference.
Artlcle XXXVlll - Unlversal ldentlfler and Slrstem of Award Management
RequiremenF for Sptem_for Award Managernent and Uniq.re Entity ldentilier Reoi5ients are required to comply with the
requirernents set forth in lhe governncnt-wide linanoial assistance award term regarding the Syitem for Awaid'Management
and Universal ldentifier Requirements located at 2 C.F.R. Part 25, Appendrx A th; fdl text of wnicn is inmrporated tre"re Oy
reference.
Artlcle XXXIX - USA PATRIOT Act ot 2{Xtl
Recipients musl comply with reqt^irements of Section 81t glqre Uniting and Strengthening Amerioa by providing AppropiateTools Required to lntercept and obstruot Tenorism Act of 2001 (usA PATR|OT ect1, wniir anends t'A U.s.c. ieciiir#
1 75-175c.
Artlcle XL. Use of DllS Saal, Logo and Flags
Re.cipients muslobtain permission from their DHS FAO prior to usirB tre DHS seal(s), logos, creets or reproductions ot nagsor likenesses of DHS ag€ncy officials_, including use of the United Stites Coast Guard'seit, togo, crests oi reproductions of-flags or likeresses of Coast Guard offioials
Article XLI -Whlstlebloner Protec0on Ac{
Recipie{s must comply with the statr.rtory reguirements for whlstleblower protectrons {if applicaHe) at 10 U.S.C section 24og,
41 u.s.c. section 4712, and 10 u s.c. section 2924, 41U,s.c. sections 430q ano ggiO. ' -
Arflcle xLll - Envlronrmntal Plannlng and Hlstorlc preservaflon (EHp) Revlew
DHSIFEMA funded activities that tnay requtr€ an Environnenbf PNannirg arrd Historic Preservation (EHP) revierr are subJect
to the FEMA EHP revie,t/ process. Tl[s revlg,v does not address all fedeial, shte, and local requirements. Acceflance of
federal funding requires the recipient to compty with all federal, state, and local laws.
PIE/FEMA is required to consider the potential impacts to natural arrd cultural resources of all pojects fundecl by DHS/FEMA gftlnt funds, through its EHP review process, as rnandated by: the National EnMronnrenhlFolkry Act; Natbnal Hlstoric
Preservalion Act of 1966, as amendedl National Flood lrsurance Program regulations; and arry other applicage laws and
exeoulive orders. To access the FEMA EHP screening form and instnrctiors"-go to the DHSFgun weUsite, ln order to
initiate EHP reviar of your poject(s), you mustcomp*ete all relerrant sectionsbf this form and submit it to the Grant prograns
Directorate (GPD)along wrth allother pertirpnt project inforrnation. The EHP review process must be completed before
tunds are raleased to carry or.fi the proposd project; otherwlse, DHS/FEMA rnay not be able to fund the pioject due tononconpliance with EHP lawq executve orders, regulations. and policies.
lf ground disturting activities oocur durirg corctructon, applioanl will monftor grourrd disturbance, and if arry potential
archeologioal resoutces 19_!5r9ryered the applrcant wlll immediately cease work ln that area and mlrfy thj pass-through
entity, if applicaUe, and OHS/FEMA
Artlch xllll - Appllcabillty of DHS standad remrs and Gondl0ons to TrtDes
The DHS Slandard Terms and Conditions are a restaternent of general requiremerts imposed upon recipients and flow down
to subreciflents as a matter of law, regulatioq or exeoulive order. lf the requirenent does not apply to lndian tribes or there
is a federal law or regttration exeffing its applicaUon to lrrdian kibes, thenthe acoeflance Uy iri6s of, or acquiescence
to, DHS Standard Terms and Conditions does not change or alter itt inapplicatflity t6 an lrrdiin bibe. The execltion of grant
docurnents ls mt intended to charEe, alter, annnd, or impoee aAdiilonai liability oi responsibllity upon the Tribe where i does
nol already exist
Adcle XLIV - Acceptanca of Post Award Changes
ln the event FEMA determines tlnt charges are necessary to the award doournent after an award has been rnadq lncluding
changes to period ol perfonnance or terrns and conditiorn, reciplents will be notified of the changes in writirg Once
notifioation lns been made, any suboequent regue$ for funds wlll indicate recipient acce6ance'ot tne chanjes to the
DHS-FEMA-EMPG.FY22 Page 33 of 39 Kittitas County, E23-184
award. Please callthe FEMA/GMD Call Center at (866) 927-5646 or vra e-nuit to ASK-GMD@fema dhs gov if you have anyquesttorE.
Article ILV . Disposltlon of Equlpment Acqulred Under the Faderal A*ard
For purposes of original or replacement equipment acquired under this award by a non-state recipient or non-state
subreciSients, when that equipnent is no lorBer needed fur th€ original proJect or program or for other actlities currengy orprevtously supported by a federalawardirg agenoy, you must request irctructions from fEMA to nnke proper drsposition
of the equipment pursuant. to 2 C.F.R. section 200.313. State recipients and $ate subreopenb must foirow the dlposition
requiternents in accordance with state laws arxJ prooedures.
ArtlcleXLV| - FrlorApproval lor tilodlflcaUon of Approved Budget
Before making gnylF!ry lo the FEMA approved brdget for this award, you must request prior written approval from FEMA
where required by 2 C.F.R. section 200.308
For purposes of non4onstruction projects, FEMA is utilizing its discretion to impose an additional restrictnn under 2 C,F.R,
section Z)0 !08(f) regarding the bansfer of funds among direct cost categories, prograrns, functions, or activities. Therefore,
!oJ3wal$ with an approved fudget where tte federal share is greater thln lhe simtitied acqunifion threshold (currenly
$250,000), you rnay not transJer funds arnorg direct co6t categories, prograrns, fun6tions, or activities without prlor wrmin
approval from FEMA where the cumulative arnounl of sr.rch lransfers exoeeds or is expected to exceed ten perbnt (10%) of
the total tudget FEMA last apprwed.
fol Fjrpos€s of awards that support both constrr.rction and mn.construction work" FEMA is utrlizing lts discretion under 2
C F R seotion 200.308(hX5) to require the recipient to obtain prior wriften approvalfrom FEMA befire makirp any fund or
brJdgpt transfers between the two types of work
You must report any deviations from y-our FEMA approved budget in the first Federal Financial Report (SF425) you submlt
fotlot/lng arry hxlget deviation, regardless of whether the budget deviation requires prior written aiprwat
Artlcle XLVII .lndlrec{ Gost Rate
2 C.F.R. section 200.211(bX15) tequres the terms of the award to irrclude the ndirecl cost rate for the federal award. lf
applicable, the indirect cost rate for this award ls stated in tre budget docurnents or other materials approved by FEMA and
inclucled ln lhe award ftle.
BUDOETGOST CATEGORIES
Personnel
Fdnge Benelits
Travel
Equipnnril
Supplies
Contractual
Construolion
Indired Charges
Other
$4,529,534.00
$1,604,921.00
$0.00
$10,000.00
s94,353.00
$10,598,626.00
$0.00
$405,086.00
$8,446.00
OHS-FEMA-EMPG-FY22 Page 34 of 39 Kittitas Coung, E23-184
la. AOREEMENTNO
EMS-2022-8P.00m6-S0l
6. RECIPIENT NAI\4E AlrD 7. ISSUINC FErt4A OFFICE Al.tDADDRESS ADDRESS
Washington Mlitary FEMA-GPDDepanment 4@C Strect, SW,3rd floorBmlding20 WoshingtoqDC n472-3&s
Camp Murray, WA 98430 - POC; 866-927-5646
sl22
8. PAYMENT OFFICEA}ID ADtrRESS
FElvlA Financo Cent€r
430 lvtsrket Strcet
Winclro*or, VA22603
14, PERTORL{ANCE PERIOD
3_2.
t|t*
4,OFACTION 5-CONTROLNO.
sx00503N2022T,
sxms03N2022T
RECIPIENT AWARD
NO.
NIA
9. NAMEOFRECIPIENT
PROJBCT OFFICER
Tirzah Kincheloc
10. NAt\48 OF F€I4A PROJECT C@RDINATOR
Cenlrel Scheduting md Information Dcsk
Phone: 800-36E-6,{98
Email ; Askcsid@dhs. gov
13 ASSISTA}TCE ARRANGEMENT
Cost Reimbetscmenr
PHONENO"
2s35127456
II. EFFECTIVEDATEOF
THISASTION
*En3DO22
12,
METHOD
OF
PAI\'ENT
PARS
I 5, DESCRIPTION OT' ACIION
a. Qrrdtcstc fundirg dats for ewards or frnsncial changcs)
PR.OGRAM CFDANO" ACCOUNTINGDATANAME (ACCSCODE)ACRONYM x)fix-x$(-xxtooo(.
)oooo(-xxxx-)ooo(-x
From:
lUOlt20/21
BudgetPerlod
10tuf2v21
Tol
wEanuz4
wF,onoz4
CI'MI'LATII.ENON.
FMERAL COMMITMENT
PRIOR
TOTAI,
AWARD
AMOUNT
AWARDED
THIS
ACTION
+oR(-)
CURRENT
TOTAL
AWARD
Em.rtcncy
MfiEtcficnt
Pcrfonnucc
Onnts
Emqtcncy
MutaScmfft
PcrfomroccCilll
97.0{2
97.0{2
2022-FA.OAot.Rlo?, d 120.D
2022-FE-CA0I -Rl 07- {t 20.D
s000 $?,560.60e.00 s7.560,609.00
30.00 sr.064,874.{Xt J1,064,874.00
Scc Totals
gcc Toarjs
i0.00 1q623,a8$.00 ti,625rarJ.00 38 6:!t{$.00
b. To dcscribc cha4ges othcr lhan furding data or financial chongcq
N/A
16 a. FoR NoN-DISASTER PROGRAMS: RECIPIENT Is REQT IRED To SIGN AI{D RETURN TI{REE (3) CopIEs oF TIIIS 1
DOCUMENT TO FEl.lA (Sec Block ? for addrcsr)
Emcrgoncy lvlanagcmsnt Pcrformancc Grants rocipionts erc not roquircd to sign ond retum copies of rhis documcnt" Howevor, recipients
shouldprintendkecp e copy ofthisdocurnent forthcirrcoords ;
l6b. FOR DISASTER PROGRAI,IS: RECIPIENT IS NOT REeUIRBD TO SIc!'l
Tftis aseistancc is suqjecl to terms and oonditiom anached lo this awqrd noticc or by incorporated rcfcrcncc in program lcgislation citcd i
aboYe.
17. RECIPIENT SIGNATORY OTT.ICI,AL (Name end Tit|c) DATE
Sicrra Wardcll, Preparc&ress Gnnls Section Secrion Supcrvisor Fri AW 26 2l:U2:34 GNII
2422
18, FElr4A SIONATORY OffiCIAL (Namc and Titlo)DATE
TueAug23 16;59:2OGMT
2422
PATRICK cEnARD IvIARCHAM
attach schedule md check hcre.
DHS.FEMA-EMPG-FY22 Page 35 of 39 Kittitas County, E23-184
Attachment D
WORK PLAN
FY 2022 Emergency Performance Grant
Sheriff's OfficeKittitas
The purpose of EMPG is to assist with the enhancement sustainment and improvement of state, local, and trlbal
emergency management programs. Activitaes conducted using EMPG funding should relate di rectly to the five
elements of emergency rnanagement: prevention, protection, response, recovery, and mitigation, Washington State
does not require a specific number of activities to receive EMpG funding. However,there are required capabilities that
must be sustained in order to remain eligible for EMpG funding, including but not li mited to the ability to communicate
and warn, educate the public, plan, train, exercise, and be NIMS compliant. The Work Plan delineates the Emergency
Management Organization's emergency managernent program planning and priority focus for this grant cycle (to
include EMPG and local funds).
4.9 Trai
rational Coordination
New and existing EOC members will
be trained in all-hazards disaster
response and support
functions. Thls will lead to a more
effective and efficient response to
disasters.
County lT professionals will attend
NACo Cybersecurity training to help
develop strategies and methods for
securing county networks against
cks.
4.8 Facilities
Sustaining/Ma intaining
WORK PI.ANNED TDENT|F|ED GAP/NEED ANTICIPATED PROJ ECT IMPACT
Training for new and existing
members of the lncident
Management Team and EOC staff.
The training will include position
specific tralning (Logistic$
Operations, PlO, Planning, lC, etc.)
and attendance at conferences such
as WSEMA or Partners in Emergency
Preparedness.
Cybersecurity training for lT members
All Hazard training is required to
operate an effective EOC. EOC members
continue to train, exercise, and improve
their positions (COVID Response AAR,
MR Cow Canyon Fire)
Cybersecurity is a threat in all
THIRA/SPR documents throughout the
State. Kittitas County ls no different.
County lT is in dire need of training
Priority Area $1
t : : , l. ,: ,: I 1 rii,, .,
', li ' .tti t': t',r
Communications
Mass Care Services
Bu
WORK PTANNED _ tDENTtF|EDGAP/NEED ANTICIPATED PROJE T IMPACT
New EOC set-up/Video/
teleconferencing equipment (06CP-
0s-vcNB)
Radio equipment for new EOC (06Cp-
01-BASE)
Kittftas County has received
supplementary funding to build a new
EOC in the Cle Elum area. The EOC
construction will begin in2O22 and the
first face of completion wtll be finished
in 2023. The funding is for the shell of
the bullding and for the equipment for
the new facility. Thls building will be
the primary EOC for Kittitas County and
be able to handle a Type 3 lMT. The
EMPG funds will be used to start the
process of turning the shell of a bulldinn
The intent as to make the new EOC
bullding usable by the end of the
EMPG grant perlod.
DHS.FEMA-EMPG.FY22 Page 36 of 39 Ki$itas County, E23 -1 84
into a functional EOC and back-up 911
center.
Pu EOC supplies to lnclude
storage contaaners and potable water
for emergency distribution. (21GN-
00-ocEQx0lzP{0-6 BAG} (19FD01 -
WATRI
The current Emergency Management
Bay houses supplies to be able to
respond to all-hazards. There is a
current need for storage containers to
properly store emergency response
es.
The EMPG funds willbe used to
purchase totes, tubes for storage of
supplies for emergency use.
Purchase potable water for
emergency use,
DHS-FEII4A.EMPG-FY22 Page 37 of39 Kittltas County, E2S1 84
Attachment E
TIMELINE
FY 2022 Emerg Performance Grant
DATE TASK
June 1,2022 Grant Agreemenl Start Date
April30, 2023 Submit reimbursement request
September 30,2023 Grant Agreement End Date
Novamber 15,2023 Submit final reimbursement request, final report, training
requirement report, and/or other deliverables.
The Subrecipient must request pglgl written approval from Department Key personnelto waive
or extend a due date in the above Timeline.
Forwaived orextended reimbursement due dates, all alloivable costs shoub be submitted on the
next scheduled reimbursement due date contained in the above Tirneline.
DHS.FEMA-EMPG-FY22 Page 38 of 39 Kittitas Coung, 823-184
Attachment F
Grant
sotuTtoN
AREA EUDGETcAIEGoRY
nnel &
|9z Travel Diem
2z
54
ulta nts
Other
Diem
res
ronnel & Fri
ulta
Personnel & Fri
c,
e2
EF
Diem
*3ctul
Diem
ot
E
a
22EMPC
Eenefits
efits
cts
Subtotal
Subtotal $
EMPGAMOUNT MATCH AMOUNT
15,000 s
Su
Other
zo
sz
u&,o
uJg(,Er!xul
s
Other
I ndirect
Cosf Sote
TOTAT Grant Arreement AMO UNT: $31.855 s 32,000
The Subrecipient will provide a match of $31,866 of non-federal oragin, b0% of the total project cost (local
budget plus EMPG award).
Cumulative transfers to budget categories in excess of ten percent (1Oyo) of the Grant Agreement Amount
will not be reimbursed without priorwrilten approvalfrom the Department.
Funding Source: U.S. Department of Homeland Security - pl#TzgpT - EMPG
s 856.00
Time
DHS.FEMA-EMPG.FY22 Page 39 of 39 Kittitas County, E23-1 84
SIGNATURE AUTHORIZATION FORM
WASHINGTON STATE MILITARY DEPARTMENT
Camp Murray, Washington 98430-5122
Please read instructions on reverse side before this form.
NAME OF ORGANIZATION
Kittitas County
DATE SUBMITTED
rl rc ;)J
PROJECT DESCRIPTION
FFY22 EMPG
CONTRACT NUMBER
E23-184
1. AUTHORIZINGAUTHORITY
SIGNATURE PRINT OR TYPE NAME TITLE/TERM OF OFFICE
eh, ry4,Clay Myers Sheriff / 2026
2. AUTHORIZED TO SIGN CONTRACTS/CONTRACT AMENDMENTS
SIGNATURE PRINT OR TYPE NAME TITLE
il6, t2,,4 Clay Myers Sheriff
3. AUTHORIZED TO SIGN REOUESTS FOR REIMBURSEMENT
SIGNJATURE PRINT OR TYPE NAME TITLE
()r Darren Higashiyama Chief Deputy
J rilcft-*Shanie McPherson FiscalAnalyst
I\NAC-I VOLI\HOM E\KARENB\..,.IWP\S IGNAUTH Revlsed 3/03
NAME
County of Kittilas
Doing business as (DBA)
Kittitas County
ADDRES$
205 W Sth Ste 105
Ellensburg, WA 98926
Appllcable Procurement
or Sollcllatlon il, lf any:
WA Unlform Business
ldentfer (UBl)
192002673
Federal Employer Tax
ldenlificalion #:
91-6001349
ola
Washington Military Department Contract t'lr^A"r, F&b^ I8 7
Debarment, Suspension, lneligibility or Voluntary Exclusion Gertification Form
lnstructions For Gertification Regarding Debarment, Suspension, lneligibility and Voluntary Exclusion--Lower
Tier Covered Transactions
1. By. signing and submitting this proposal, the prospective lower tier participant is providing the certification set outbelow.2' The certification in lhis clause is a material representation of fact upon which reliance was placed when this
transaction was entered into. lf it is later determined lhat the prospective lower tier participant knowingly rendered an
erroneous certification, in addition to other remedies available to the Federal Goveinment the departirLnt or agency
with which this iransaction originated may pursue available remedies, including suspension and/or debarment.3. The prospective lower tier participant shall provide immediate written notice t6 the deparlment, inslitution or office towhich this proposal is submitted if at any time lhe prospective lower tier participant iearns that its certification was
erroneous when submitted or had become erroneous by reason of changed circumstances.4' The terms covered transaction, debarred, suspended, ineligible, loweitier covered lransaction, participanl, person,
primary covered transaction, principal, proposal, and voluntirily excluded, as used in this clause, have'the nieaning
set out in the Definitions and Coverage sections of rules irnplementing Execulive Order 1254g. Ybu may contact thepetson to which this proposal is submitted for assistance in obtaining a copy of lhose regulations.5 The prospective lower tier parlicipant agrees by submitting thfu proi:ilsal that, siould the proposed covered
transaction be entered into, it shall not knowin^gly enter into any lower lier covered transaction wiih a person who isproposed for debarment under the applicable CFR, debarred, suspended, declared ineligible, or voluniarily excludedfrom participalion in this covered transaction. unless authorized by the department-or agency wittr wnicn tnistransaction originated.6' The prospective lower tier participant further agrees by submitting this proposal that il will include this clause tiiled"Certification Regarding Debarment, Suspension, lneligibility - and 'Voiuntary
Exclusion-Lotrrer Tier Covered
Transaction," without modification, in all tower tier covered transactions and in afi soficitations for lower tier covered
transactions.7. A padicipant in a covered transaction may rely upon a cerlilicalion of a prospective participant in a lower tier covered
transaction that it is not proposed for debarm.ent under appticable CFR, debarred, suspended, ineligible, or voluntarily
excluded from covered transaclions, unless it knows that the certification is erroneoui. A participaiit m'ay OecUe ttr6
method and frequency by which it delermines the eligibility of its principals. Each participaht may, but is not required
to, check the Lisl of Parties Excluded from Federal Procurement and Non-procurement piograms.8. Nothing contained in lhe foregoing shall be construed to require establishment of a sysiem of records in order torender in good faith. the certifbation raquired by this clause. The knowledge and information of a participant is not
required to exceed that which is normally possessed by a prudent person in the ordinary course of Uuiinesi activity,I' Except for transactions authorized under paragraph 5 of these instructions, if a partiiipanl in a covered transaction
knowingly enters into a lower tier covered transaclion with a person who is propoied for debarment under applicabte
CFR, suspended, debarred, ineligible, or voluntarily excluded-from participation'in this transaction, in addition io other
remedies available to the Federal Government, the departmenl or agency with which this transaction originated maypursue available remedies, including suspension and/or debarment.
Certification Regardlng Debarment, Suspension, Inetigibllity and Voluntary Excluston-Lower TierCovered Transactlons
The prospective lower tier participant certifies,by submlsslon of thls proposal or contract, that neither it nor itsprincipals is presently debarred,suspended,proposed for debarment, declared ineligible, or volunta rily excludedfrom participation in this transaction by any Federal department or agency. Where the prospective lower tierparticipant is unable to certfi to
this form.
any of the statements ln thls certification, such prospective participant shallattach an explanation to
Bidder or Contractor Signature
Print Name and Title:
READ CAREFULLY BEFORE SIGNING THE CERTIFICA TI oN.Federal r€9u latlons reguire contractors and bidders to sign andabidebythetermsofthlscertificailon,wlthout modification,n order to particlpate ln certaln trensactl ons directly
fede ral funds.
-)'i;#F