Loading...
HomeMy WebLinkAboutHomeland Security Grant E23-116HOMELAND Was hlngton Military Department RANT AGREEMENT FACE EET 1. Subrecipient Name and Address: Klfrllas, County of Sheriffs Offlce 307 West Umptanum Road Ellensburg, WA 98926€720 2. Grant Agreement Amount: $50,885 3. Grant Agroement Number: E23-r16 4. Subreciplent Contact, phone#email: Darren Higrshiyama, 509-933-8206 darren.hlqas hlvama@co.klttitas.wa. ug 5. GrantAgreement Start Dato: September 1,2022 6. Grant Agreement End Date January 31,2025 7. DepartmentContac[ phondemait; Deborah Henderson, 253.51 2.7470 Deborah,Henderson@m I l.wa.c ov 8. Unique Entity ldentifier (UEli: WQ23XPBSAU44 9. UBI # {state revenue}' 192.002.673 & Tille: u,s. ldentification #: of 97.067.22HSGP09n2no22 Fedoral 10. Funding Authority: Was 13 Assistance Listings 14. Total Federal Award Amount: $13.905.347 15. Program lndex # & OBJ/SUB-OBJ; 72352,723SH,723S8,723SL, 723SC, 723SO ' NZ 16 EIN 91-6001349 17. Service Districts: BY LEGISLATIVE DISTRICTS: 13 BY CONGRESSIONAL DISTRICTS: 8 18. Service Area by County(ies); Klttitaa 1 9. Women/Minofi ty-Owned, State Ceilifted: EN/A trNOtr YES.OMWBE# 20. Agreement Classification E Persona{ Services O Client SeMces I Public/Local Govt tr ResearchiDerrelopment tr A/E tr Other 8l Agreement D lnteragency 21. Gontract Type (chec* allthat apply): E Conlract El Grant [1 lntergovernmental (RCW 39.34) 22. Subreclprent Selection Process: E 'To allwho apply & quality" E Competitiva BiddingE Sole Source tr A/E RCW lJ N/A O Filed dOFM? fi Advertised? tr YES il NO 23. Subrecipient Type (check allthat apply)E Private Organization/lndividual O For-Profit E Publlc OrganizationlJurisdiction E Non-Profit O CONTRACTOR A SUERECIPIENT tr OTHER Tho obJectlvo of the Federal Flscal Year (FFY) 2022 Homeland S€Gullty Grant Proglam {2aHSGP} ls to tund atate, tocal, Irlbat, and torrltodal _qfgrylo prov€nt lerrorlem and prepare the nallon for threats and hazarda lhat poso tho grortost rtck to lhe socurlty oflhe Unlted States. 22HSOP provldee fundlng to lmplemonl lnv6otm6nts that bulld, gustaln, and dellvor the coie capabltltleE eeeontlat to lchbvlng lho Nasonal Prcprrodno8s Goalof atecureand rsslllent nauon.22HSGP supports oorccapabllltlos acrosethe llve mlsslon areatolpreventbln, protectlon, mltlgatlon, to3ponso, 3$ ggovery basod on allowable costs. HSGP ls comprlsed of lhree tntorconnocted grant prog-rams: StatCHomolani Socudty_Program (SHSF)' Urban Areas Securlty lnltlatlve {UASI}, and Oporatlon Stonegarden (OPSO). Together, theee grant programr fund an109,ol proparedness actlvltles, lncludlng plannlng, organhallon, equlpment purchase, lrrlnlng,-oxotclgse, an6 managenent and admlnlstratlon. The Depariment It lho Roclplont and Pass-through Fnllg ot the 22HSGP DHS Award Letter for Grant lto. EillW.2022-SS-00056€01 (.,Granf'f, whlch le lncltrPorilod ln and altachod holeto ea Atiachment C and has made a subaurard ot tunds to the $ubrcclplent pureuairt to rh6Ag|9eaenlfhq $ubrcclplont ll accountabls to the Deparbnerrt lor uae of Fedenl award fundc orovldsd under thtc Aoiealnent. 24. PURPOSE & DESCRIPTION: which are hereby lncorporated, (Atlachment A); General Tems the and and TimelineE),(Atlachm€nt (Attachment condiiiong lheagreed ln ttfs Agreemenl, unless otherwise prorided herein, the inconsistency shaH be resolved by giving prec€dencs in th€ followlng l. Appllclble fcdBral and slate etalutes and ragulatlone 2. DHSTFEiIA Awatd and progrdn documsnt$ 3, Work Plan, Tlmellne, and Budset ln lhe event ofan inconsistency order: 6. Othor provlslons of the ASr€omgnt lncomorated by refersnce. 4. Speclsl T€nns and Condltons 5. Grneral Tems and Condlllons, and, Regan Anne Hesse, Chief Financial Officer Washington Military DEparlment BOILERPI.ATE APPROVED TO FORM: Dierk Meierbachtol U2812022 Assistant Attomey General executed this Agreemenl on the FOR THE DEPARTMENT: DateS 11t4t2022 Date FOR THE SUBRECIPIENT: year below. Clay Myers, Sheriff Kittitas County Sheriffs Office APPROVED AS TO FORM (if applicable): DHS-FEMA.HSGP-SHSP-FY22 Page 1 of44 Kittitas County, E23-1'16 Aftachment 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 bei rirade by writteir notification to the current kdy personnel. ' SU PIENT NT ARTICLE II. ADM'NIETRATIVE AND/OR FINANCIAL REQUIREMENTS The Subrecipient shall comply with all applicable state and federal laws, rules, regulations, requirements and program guidance identified or referenced in this Agreement and the informational documents published by DHS/FEMA applicable to the 22HSGP Program, including, but not limited to, all criteria, restrictions, and requirements of "Ihe Depaftment of Homeland Security (DHS) Notice of Funding Oppoftunity (NOFO) Fiscat Year 2022 Homeland Security Grant Prcgram" (hereafter "the NOFO") documenl,lhe FEMA Preparedness Granfs Manualdocument, Version 3, published May 2A22 (hereafter "the Manual"), the DHS Award Letter for the Grant, and the federal regulations commonly applicable to DHS/FEMA grants, all of which are incorporated herein by reference. The DHS Award Letter is incorporated in this Agreement as Attachment C. The Subrecipient acknowledges that since this Agreement involves federal award funding, the period of performance may begin prior to the availability of appropriated federalfunds. The Subrecipient agrees that it will nol 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 seryices performed under this Agreement prior to distribution of appropriated federal funds, or if federal funds are not appropriated or in a particular amount. A. STATE AND FEDERAL REQUIREMENTS FOR DHS/FEMA PREPAREDNESS GRANT$: The following requirements apply to all DHS/FEMA Preparedness Grants administered by the Department. 1. SUBAWARDS & CONTRACTS BY SUBRECIPIENTS a. The Subrecipient must make a case-by-case determination whether each agreement it makes for the disbursement of 22HSGP funds received under this Agreement casts the party receiving the funds in the role of a subrecipient or contractor in accordance with 2 CFR 200,331. b. lf the Subrecipient also becomes a pass-through entity by making a subaward to a non-federal enti$ as its subrecipient, the Subrecipient must make a casaby-case determination whether each agreement it makes for the disbursement of 22HSGP funds received under this Agreement casts the party receiving the funds in the role of a subrecipient or contractor in accordance with 2 CFR 200.330. i. The Subrecipient must comply with all federal laws and regulations applicable to pass- through entities of 22HSGP funds, including, but not limited to, those contained in 2 CFR 200. ii. The Subrecipient shall require its subrecipient(s) to comply with all applicable state and federal laws, rules, regulations, requirements and prograrn guidance identified or referenced in this Agreement and the informationaldocuments published by DHS/FEMA applicable to Name Darren Hlqashiyama Name Deborah Henderson Title Chief Deputy Title Program Coordlnator Email darren. hiqash ivam a@co.klttitas.wa. us Email Deborah. Henderson@m il.wa.oov Phone 509.933.8206 Phone 283-812-7470 Name Sharrle McPherson Name Reaqan Bush Title FlscalAnalyst Title Program Manaqer Email sharrie.m cpherson@co. klttitas.wa. us Email Reagan. bush@-m i l.wa.qov Phone 509-962-7099 Phone 253-612-7463 Name Name Courtney Bemus Title Title Proqram Assistant Email Email courtney. bem us@m il.wa.qov Phone Phone 253-512-7146 DHS-FEMA.HSGP-SHSP-FY22 Page2ot 44 Kittiias County, E23-116 2) ltems with a current per-unit fair-market value in excess of five thousand dollars ($5,000) may be retained or sold. The Subrecipient shall compensate the federal awarding agency in accordance with the requirements of 2 CFR 200.313 (e) (2). ix. Records for equipment shall be retained by the Subrecipienl for a period of six (6) years from the date of the disposition, replacement, or transfer. lf any litigation, claim, or audit is started before the expiration of the six- (6-) year period, the records shall be retained by the Subrecipient until all litigation, claims, or audit findings involving the records have been resolved. b. The Subrecipient shall comply with the Department's Purchase Review Process, which is incorporated by reference and made part of this Agreement. No reimbursement will be provided unless the appropriate approval has been received. c. Allowable equipment categories for the grant program are listed on the Authorized EquipmentList (AEL) located on the FEMA website at https://www.fema.oov/qrants/ouidance- toqls/atlthorized-equipment-ligl. lt is imporlant that the Subrecipient and any non-federal entity to which the Subrecipient makes a subaward regard the AEL as an authorized purchasing list identifring items allowed under the specifc grant program; the AEL includes items that may not be categorized as equipment according to the federal, state, local, and tribal dellnitions of equipment. The Subrecipient is solely responsiblefor 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 Personnel for assistance in seeking FEMA approval prior to acquisition. d. lnlgss expressly provided othenruise, all equipment must meet all mandatory regulatory and/or DHS/FEMA adopted standards to be eligible for purchase using federal award funts. e. lf funding is allocated to emergency communications, the Subrecipient must ensure that all projects comply with SAFECOM Guidance on Emergency Communications Grants, located at https://www.cisa.gov/safecom/fundino, ensuring the investments are compatible, interoperable, resilient, and support national goals and objectives for improving emergency communications. f. Effective August 13,2020, FEMA recipients and subrecipients, as well as their contractors and subcontractors, may not obligate or expend any FEMA award funds to: i. Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any syslem; ii. Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; or iii. Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, This prohibition regarding certain telecommunicalions and video surveillance services or equipment is mandated by section 889 of the John S. McCaln National Defenre Authorizatbn Act for FisalYear2019 (FY 2019 NDAA), Pub. L. No. 115232 (2015), Recipients and subrecipients may use DHS/FEMA grant funding to procure replacement equipment and services impacied by this prohibition, provided the costs are othenarise consistent with the requirements of the tvtanual and applicable NOFO. Per subsections 889(f)(2)-(3) of the FY 2019 NDM, and 2 cFR 200.216, covered telecommunications equipment or services rneans: i. Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation, (or any subsidiary or affiliale of such entities); DHS-FEMA.HSGP-SHSP.FY22 Page 6 ot 44 Kfitilas County, E23"116 ii. For the purpose of public safety, security of government facilities, physical security surveillance of oitical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affitiate of such entities); iii. Telecommunications or video surveillance services provided by such entities or using such equipment;or iv. Telecommunications or video surveillance equipment or seMces 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, lhe government of a covered foreign country. g. For OPSG Subrecipients, items budgeted as equipment in an approved Operations Order should be marked prominenlly with 'Purchased with DHS funds for Operation Stonegarden Use" when praclicable. h. The Subrecipient must pass through equipment and supply management requirements that meet or exceed the requirements outlined above to any non-federal entig to which the Subrecipient makes a subaward of federal award funds under this Agreement. 5. ENVIRONMENTAL AND HISTORICAL PRESERVATIONa. The Subrecipient shall ensure full compliance with the DHS/FEMA Environmental Planning and Historic Preservation (EHP) Program. EHP prpgram information can be founO at httos://www.fema.gov/orants/quidance.toolslenvironmental-historic all of which are incorporated in and made a part of this Agreement. b. Projects that have historical impacts or the potential to impact the environment, including, but not limited to, conslruction of communication towers; modificalion or renovation of existing buildings, structures, and facilities; or new construction, including replacement of facilities, must participate in the DHS/FEMA EHP review proc€ss prior to projec{ initiation. Modification of existing buildings, including minimally invasive improvements such as atlaching 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 altematives that may be under consideration, along with supporting documentation so FEMA may determine whether the proposed projecl has the potential to impact environmental resources and/or historic properties. d. The Subrecipient agrees that, to receive any federal preparedness funding, all EHP compliance requirements outlined in applicable guidance musl be met. The EHP review process must be completed and FEMA approval must b€ received by the Subrecipient before any work is started for which reimbursement will be later requested. Expenditures for projects started before completion of the EHP review process and receipt of approval by the Subrecipient may not be reimbursed. 5. PROCUREMENT a. Jf9 Sqbrecipient shall comply with all procurement requirements of 2 CFR 200.317 through 200.327 and as specified in the General Terms and Conditions (Attachment B, A.10). b. For all sole source contracts expected to exceed $250,000, the Subrecipient must submit to the Department for pre.procurement review and approval the procurement documents, such as requests for proposals, invitations for bids and independent cost estimates. This requirement must be passed on to any non-federal entity to which the Subrecipient makes a subaward, at which point the Subrecipient will be responsible for reviewing and approving sole source justifications of any non-federal entity to which the Subrecipient makes a subaward. DHS.FEMA-HSGP.SHSP-FY22 Page 7 of 44 Kitiitas County, 823-'1 16 7. SUBRECIPIENT MONITORING a. The Department will monitor the activities of the Subrecipient from award to closeout. The goal of the Department's monitoring activities will be to ensure that agencies receiving federal 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 form is requiredto be completed once per calendar year, per Subrecipient, and not per agreement. The Department's Contracts Oflice will request the Subrecipient submit an updated form at the beginning of each calendar year in which the Subrecipient has an active agreement. c. Monitoring activities may include, but are not limited to: i. Review of linancial and performance reports: ii. Monitoring and documenling the completion of Agreement deliverables; iii. Documentation ol phone calls, meetings (e.9., agendas, sign-in sheets, meeting minutes), e- mails, and conespondence; iv. Review of reimbursernent requests and supporting documentation to ensure allowability and consistencywith Agreement Work Plan (Attachments D-1, D-2, D-3), Budget (Attachment E), and federal requirements; v. Observation and documentation of Agreement-related activities, such as exercises, training, events, and equipment demonstrations; and vi. On-site visits to revbw equipment records and inventories, to verifo source documentation for reimbursement requests and performance reports, and to verify completion of deliverables. d. The Subrecipient is required to meet or exceed the monitoring activities, as outlined above, for any non-federal enti$ to which the Subrecipient makes a subaward as a pass-through entity under this Agreement. e. Compliance will be monitored throughout the performance period to assess risk. Concerns will be addressed through a conective action plan. 8. LTMTTED ENGLTSH pROFtCtENCy (CtVtL RtcHTS ACT OF 19S4 TTTLE Vt) The Subrecipient must comply with the Title Vl of the Civil Rights Act of 1964 (Title Vt) prohibition against discrimination on the basis of national origin, which requires that subrecipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited Englishproficiency (LEP) to their programs and services. Providing meaningfui access for persons with LEP may entail providing language assistance services, including oral inlerpretation and written lranslation. Executive Order 13166, lmproving Access to Services for Persons with Limited English Proficiency (August 11, 2000), requires federal agencies to issue guidance to recipients, assisting such organizations and entities in understanding their language acces$ obligations. DHS published the required recipient guidance in April 2011, DHS Guidance to Federal Financial Assistance feclpi.enls Regardlng Tille Vl Prohibition against National Origin Discrimination Affecting Limited !ng$f ePncient Persons, 78 Fed. Reg. 2175$21768, (April 18, 20111, The Guidance provides helpful information such as how a recipient can determine the extent of its obligation to'provide language seruices, selecting language services, and elements of an effective plan on language assistance for LEP persons. For additional assistance and information regarding language access obligations, please referto the DHS Recipient Guidance at httos:/Ailww.dhs.qov/g-u.idance-ogFlished- helo-department-supoorted-orqanizations-provide-mea4jngfuhaqgqgs-peopl+limited anO aUdltionat resourc€s on httos:/fumw. leo.go.v. 9. NIMS COMPLIANCE a. The National lncident Management System (NIMS) idEntifies concepts and principles that answer how to manage emergencies from preparedness to recovery regardless of their cause, size, location, or complexity, NIMS provides a consistent, nationwide approach and vocabulary for DHS-FEMA-HSG P.SHSP.FY22 Page E of44 l(ttitas Gounty, E23-116 B. multiple agencies or jurisdictions to work together to build, sustain, and deliver the core capabilities needed to achieve a secure and resilient nation. b. Consistent implementation of NIMS provides a solid foundation across jurisdictions and disciplines to ensure effective and integrated preparedness, planning, and response. NIMS empowers the components of the National Preparedness System, a requirement of Presidential Policy Directive 8, to guide activities within the public and private sector and describes the planning, organizational activities, equipping, training, and exercising needed to build and sustain the core capabilities in support of the National Preparedness Goal, c. ln order to receive federal preparedness funding from the Deparlment, the Subrecipient must achieve, or be actively working to achieve, allof the NIMS lmplementation Objectives located at httos://vtturw.fema.oov/emerqencv-manaqers/nims/implementation-trainlno. HSGP SPECIFIC REQUIREMENTS 1. The Subrecipient must use HSGP funds only to perform tasks as described in the Work plan (Aftachments D-1, D-2, D-3), as approved by the Department, and in compliance with this Agreement. a. SHSP-funded projects must assist state, local, tribal, and territorial efforts to build, sustain, and deliver the capabilities necessary to prevent, prepare for, protect against, and respond to acts of terrorism. b. UAS|-funded projects musl assist high-threat, high-density Urban Area efforts to build, sustain, and deliver the capabilities n€cessary to prevent, prepare for, protect against, and respond to acts of tenorism. c. OPSG-funded projects must suppoil enhanced cooperation and coordination among Customs and Border Protection, United States Border Patrol, and federal, slate, local, tribal, and territorial law enforcement agencies to support joint efforts to secure the United States' borders along routes of ingress/egress to and from international borders, to include travel corridors in statei bordering Mexico and Canada, as well as states and territories with intemational water borders. State, local, tribal, and territorial law enforcement agencies utilize their inherent law enforcement authorities to support the border security mission and do not receive any additional authority as a result of participation in OPSG. d, State agencies, including law enforcement, must comply with RCW 43,17.425 and may not use agency funds (including this grant), facilities, property, equipment, or personnel, to investigate, enforce, cooperate with, or assist in the investigation or enforcement of any federal registr-tion or surveillance programs or any other laws, rules, or policies that target Washington residents solely on the basis of race, religion, immigration, or citizenship status, or national oi ethnic origin, except as provided in RCW43.17.425 (3). 2. The Budget (Aftachment E) may include the following caps and thresholds: a- lf funds are allotted for Management and Administration (M&A), such expenditures must be related to administration of the grant. The maximum percentage of lhe Grant Agreement Amounl that may be used for M&A costs when allocated under this Agreement shail not exceed five percenl (5%) but may be less, b. At least thirty percent (30%) of the combined HSGP award allocated under SHSP and UAS| must be dedicated to law enforcement tenorism prevention ac'tivities (LETPA), To meet this requirement, the Subrecipient has agreed, at a minimum, to meet the LETPA percentage indicated in the Budget. lf the Subrecipient anticipates spending less than the indlcated amount, a budget amendment is required. c. The maximum percentage of the Grant Agreement Amount that may be used for personnel expenses under this Agreement is identified in the Budget. lf the Subrecipient anticipates spending more on personnel costs, an amendment ls requlred. Additional approval steps may also be required before the personnel percentage can be increased. 3. lf funding is allocated to a Fusion Center investment, the Subrecipient must ensure all Fusion Center analytical personnel demonshate qualifications that meet or exceed competencies identified in the Common Competencies for state, local, and tribal intelligence analysts, which outlines the minimum DHS-FEMA-HSGP-SHSP.FY22 Page 9 of 44 Kitttas County, E23-1 16 categories of training needed for intelligence analysts. All training to ensure baseline proficiency in intelligence analysis and production must be completed within six (6) months of hiring unless the analyst has previously served as an intelligence analyst for a minimum of two (2) years. Proof of satisfaction of this requirement must be accessible lo the Department Key Personnel as applicable. 4. lf funding is allocated to non-DHS FEMA training, the Subrecipient must request pggg wriften approval from the Department Key Personnel before attending the training, The Department will coordinate approval with the State Training Point of Contact. Pursuant to DHS/FEMA Grant Programs Directorate lnformation Bulletin No. 432, Review and Approval Requirements for Training CoursesFunded Through Preparedness Grants, hftps://www.fplna.qov/sites/defaulUfiles/2020- 9anraininq_qg-urse nevl , the training must fall within tfre FEMA mission scope and be in alignment with the Subrecipient's Emergency Operations Plan, This requirement only applies to training courses and does not include attendance at conferences. Furthermore, additionalfederal approvals are required for courses that relate to Countedng Violent Extremism prior to attendance. 5. For SHSP and UA$|, Subrecipients are required to complete the annual Nationwide Cybersecurity Review (NCSR) https://www.cisecuritv.oro/ms-isadservices/ncsr to benchmark and measure progress of improvement in their cybersecurity posture, 6. lx9ept!o1_1 elevated National Terrorism Advisory System alert, pqigg written approvat is required before SHSP and UAS|funds may be used for operational overtime. Requests must be submitied to the Department Key Personnel in advance of the expenditure to ensure all additional approval steps can be met. 7. SHSI Subrecipients shall participate in the State's annual Stakeholder Preparedness Review (SpR), the State's Threat and Hazard ldentification and Risk Assessment ffHIRA), core capabilities assessments, and data calls. Non-participation may result in withholding of funding under future grant years, 8. UASI Subrecipients shallparticipate in the annual UASI SPR and THIRA process 9. Subrecipients should document their preparedness priorities and use them to deploy a schedule of preparedness events in a multi-year lntegrated Preparedness Plan (lPP), Subrecipients are encouraged to participate in the State's annual lntegrated Preparedness Planning Workshop (IPPW or may conduct their own local/regional IPPW lnformation related to lPPs and lntegrated Preparedness Planning Workshops (PPWs) can be found on the HSEEP website at h_tto-s//wwrru.ferur.ogy/LiSE E P and hft ps://preptoolkit.fema.qov/. DHS TERMS AND CONDITIONS As a subrecipient of 22HSGP funding, the Subrecipient shall comply with all applicable DHS terms and conditions of the 22HSGP Award Letter and its incorporated documents , which are incorporated in and made a part of this Agreement as Attachment C. c. DHS.FEMA.HSGP-SHSP-FY22 Page 10 of44 Kittitas County, E291 16 A.1 A,3 4.4 4.2 Attachment B Washington Military Department GENEML TERMS AND CONDITIONS Department of Homeland Security (DHS/ Federal Emergency Management Agency (FEMA) Grants DEFINITIONS As used throughout this Agreement, the terms will have the same meaning as defined in 2 CFR 200 Subpart A (which is incorporated herein by reference), except as otherwise set forth below:a. "Agreement" means this Grant Agreement. b. "Department" means the Washington Military Department, as a state agency, any division, section, office, unit or other entity of the Department, or any of lhe officers or other officiils tawfully representing that Department. The Department is a recipient of a federal award direcfly from i lederal awarding agency and is the pass-through entity making a subaward to a Subiecipient under this Agreement. c. "lnvestment" means the grant application submitted by the Subrecipient describing the project(s) for which federal funding is sought and provided under this this Agreement. Such grant applibation is hereby incorporated into this Agreement by reference. d. "Monitoring Activities' means all administrative, financial, or other review activities that are conducted to ensure compliance with all state and federal laws, rules, regulations, authorities and policies. e, "Stakeholders Preparedness Report (SPR)'The SPR is an annual three-step self-assessment of a community's capability levels based on the capability targets identified in the THIRA.f. "Subreciplenf'when capitalized is primarily used throughout this Agreement in reference to the non-federal enti$ identified on the Face Sheet of this Agreement that has received a subaward from the Department. However, the definition of "subrecipient" isthe same as in 2 CFR 200.1 for all other purposes. g. "Threat and Hazard ldentification and Risk Assessment (THIRA)" The THIRA is a three-step risk assessment. TheTHIRA helps communities understand their risks and determine the level of capability they need in order to address those risks. The outputs from this process lay the foundation for determining a community's capability gaps during the SPR process. ADVANCE PAYMENTS PROHIBITED The Department shall make no payments in advance or in anticipation of goods or services to be provided underlhis Agreement. Subrecipient shall not invoice the Department in advance of delivery and invoicing of such goods or services. AMENDMENTS AND MODIFICATIONS The Subrecipient or the Department may request, in writing, an arnendment or modification of this Agreement. However, such amendment or modification shall not be binding, take effect or be incorporated herein until made in writing and signed by the authorized representatives of the Department and the Subrecipient. No other understandings or agreements, wriften or oral, shall be binding on the parties. The Agreement performance period shall only be extended by (1) written notification of DHSIFEMA 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 aOCitionat time for completion'oi the Subrecipient's project(s), ! The $ubrecipient must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, staie and local govemment services, and telecommunication. DHS.FEMA-HSGP-SHSP.FY22 Page 11 oI44 Kittiias County, E2$1 16 A.5 ASSUMNCES The Department and Subrecipient agree that all activity pursuant to this Agreement will be in accordance with allthe applicable current federal, state and local laws, rules, and regulations. 4.6 CFRTITICATIONREGARDINGDEBARMENT.SUSPENSION.ORINELIGIBILITY As federal funds are a basis for this Agreement, the Subrecipient certifies that the Subrecipienl is not presently debarred, suspended, proposed fordebarment, declared ineligible, or voluntarily excluded from participating in this Agreement by any federal department or agency. The Subrecipient shall complete, sign, and return a Certification Regarding Deharment, Suspensrb4 lneligibility, and Voluntary Exclusion torm located at httg://mil,,wa.qov/emersgngy-managqmgnt- division/orants/f.gorJiredgrantforms. Any such form completed bythe Subrecipient forthis Agreement shall be incorporated into this Agreement by reference. Further, the Subrecipient agrees to comply with all applicable federal regulations conceming the federal debarment and suspension system, including 2 CFR Part 180. The Subrecipient certifies that it willensure that potential contractors or subrecipients or any of their principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in "covered transaclions" by any federal department or agency. 'Covered transactions" include procurement contracts for goods or services awarded under a non-procurement transaction (e.g., grant or cooperative agreement) that are expected to equal or exceed $25,000, and subawards to Subrecipients for any amount. \lVith respect to covered transactions, the Subrecipient may comply with this provision by obtaining a certification statement from the potentialcontractor or subrecipient or by checking the System for Award Management https://sam.qovlSAM/) maintained by the federal govemment, The bubreiipient also agrees not to enter into any arrangements or crntracts with any party on the Washington StateDepartment of Labor and lndustries' "Debaned Contractor Lisf' (httos:l/secure.lni.wa.oov/debarandstfihg{ContractorDebarList.asox). The Subrecipient also agrees not to enter into any agreements or contracts for the purchase of goods and services with any party on theDepartment of Enterprise Services' 'Debaned Vendor Lrcf" (htto://vvww.des.wa.qov/services/ContractinoPurchasinq/Business/PagesA/endor-Debarment.aspx). 4.7 CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING As required by 44 CFR Part 18, the Subrecipient hereby certifies that to the best of its knowledge and belief: (1) no federally appropriated funds have been paid or will be paid by or on behalf of the Subrecipient to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federat grant, the makihg of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperalive agreement; (2) that if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connec-tion with this Agreement, grant, loan, or cooperative agreement, the Subrecipient will complete ard submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; (3) and that, as applicable, lhe Subrecipient will require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgranls, and contrac{s under grants, loans, and cooperative agreements) andthatallsubrecipients shallcertify and disclose accordingly, This certilication is a material representation of fact upon which reliance was placed when this transaction was made or entered into and is a prerequisite for making or entering into this transaction imposed by 31 u.s.c. 1352. The 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, ard/or policies, This oblQation includes, but is not limited to: nondiscrimination laws and/or policies, Energy Policy and Conseruation Act (PL 94-163, as amended), the Americans with Disabilities Act (ADA), Age Discrimination Act of 1975, Title Vl of the Civit Rights Act of 1964, Civil Rights Act of 1968, the Robert T. Stafford Disaster Relief and Emergenry Assistance Act, (PL 93-288, as amended), Ethics in Public Service (RCW42.52), Covenant Against Contingent Fees (48 CFR Section 52.20$5), Public Records Act (RCW 42,56), Prevailing Wages on Public Works (RCW DHS-FEMA-HSGP-SHSP-FY22 Page 12 ot 44 Kittitas county, E2g-116 4.8 4.9 A.10 39.12), State Environmental Policy Act (RCW43.21C), Shoreline ManagementAct of 1971 (RCW 90.58), State Building Code (RCW 19.27), Energy Related Building Standards (RCW '19,27A), Provisions in Buildings for Aged and Handicapped Persons (RCW 70.92), and safety and health regutations. ln the event of noncompliance or refusal to comply with any applicable law, regulation, executive order, OMB Circular or policy by the Subrecipient, its contractors or subrecipients, the Department may rescind, cancel, or terminate the Agreement in whole or in part in its sole discretion. The Subrecipient is responsible for all costs or liability arising from its failure, and that of its contractors and subrecipients, to comply with applicable laws, regulations, executive orders, OMB Circulars or policies. CONFLICT OF INTEREST No officer or employee of the Department; no member, officer, or employee of the Subrecipient or its designees or agents; no member of the governing body of the jurisdiction in which the project is undertaken or located: and no other official of the Subrecipient who exercises any functions or responsibilities with respect to the project during his or her tenure, shall have any personal or pecuniary gain or interest, direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to be performed in connection with the project assisted under this Agreement. The Subrecipient shall incorporate, or cause to incorporate, in all such contrac-ts or subawards, a provision prohibiting such interest pursuant to this provision. CONTRACTI NG & PROCUREMENTa. The Subrecipient shall use a competitive procurement process in the procurement and award of any contracts with contractors or subcontractors that are entered into under the original agreement award. The procurement process followed shall be in accordance with 2 CFR Part 200.318, General procurement standards, through 2OO.327, Contrad 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 simplilied acguisition threshold currently set at $250,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. 2) All contracts in excess of $10,000 musl address termination for cause and for convenience by the non-federal entity including the manner by which it will be affected and the basis for settlement. 3) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts lhat meet the definition of 'federally assisted construction contrac-t" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246,"Equal Employment Opportunitl' (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "'Amending Executive Or&r 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Comptiance Program s, Eq ual Em ployment Oppoftunity, Department of Labor." 4', Davis-Bacon Act, as amended (40 U.S.C. 3141€148). Wren required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Sfandards Provisions Applicable to Contracts Covertng Federally Financed and Assr'sted Construction'). ln accordance with the statute, conlractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. ln addition, contractors must be required to pay wages not less than once a week. The non-federal enti$ must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontrac't must be conditioned upon the acceptance of the wage determination. The non-federal enti$ must report all suspected or reported violations to the federal awarding agency. The contracls must also include a provision for compliance with the Copeland 'Anti-Kickback" Act (40 U.S.C. 3145), as DHS-FEMA.HSGP-SHSP-FY22 Page 13 of44 Kittitas County, E231 16 supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Buitding or Public Work Financed in Wrole or in Part by Loans or Grants ftom the United States"). The Act provides that each contractor or Subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is othenryise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. 5) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-370S). Where applicable, all contrads awarded by the non-federal entity in excess of $100,000 that invilve the employment of mechanics or laborers must include a provision for compliance w1h 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part S). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages bf every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in lhe work week. The requirements of 40 U,S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or rnaterials or articles ordinarily available on the open market, or contracls for transportation or transmission of intelligence.6) Rights to lnventions Made Under a Contract or Agreement. lf the federal award meets the definition of "funding agreement" under 37 CFR 5401.2 (a) and the recipient or Subrecipient wishes to enter into a contract with a smallbusiness firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, Oevelopmental, oi research work under that "funding agreement," the recipient or Subrecipient must comply with lhe requirements of 37 CFR Part 401, "Rrghfs to lnventions Made by Nonprcfit Organizations and Small Business Fr'rms lJnder Government Gnnts, Cohtracts- and Cooperative Agreements," and any implementing regulations issued by the awarding agency,7) Clean Air Act (42 U.S.C. 74O1-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-'1387), as amended-Contrac{s and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution ControlAct as amended (33 U.S.C. 1251-13871 Molations must be reported to the federal awarding agency and thd Regional Office of the Environmental Protection Agency (EpA). 8) Debarment and Suspension (Executive Orders 12549 and 12689)-4 contract award (see 2 CFR 180.220) must not be made to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with tne OMB guidelines at 2 CFR 1 80 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. tgg) and 12689 (3 CFRpart 1989 Comp., p. 235), "Debarment and Suspensrbn.' SAM Exclusions contains the names of parties debarred, suspended, or othenrise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 1ZS4g.9) Byrd Anti-Lobbying Amendment (31 U.$.C. 1352)-Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certilies to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant or any other award coverea ny ft U.S.C. 1352, Each tier must also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. 10) Procurement of recovered materials - As required by 2 CFR 200.323, a non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must c_omply with sedion 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery AcL The requirements of Section 6002 indudC procuring only DHS-FEMA.HSGP.SHSP-FY22 Page 14 ot 44 Kittitas County, E2$116 items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 lhal contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 11) Notice of 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 Depailment, the Subrecipient, the federalawarding 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 that specific contract for the purpose of making audit, examination, excerpts, and transcriptions. 14) Retention of all required records for six years afterthe Subrecipient has made final payments and all other pending mafters are closed. 15) Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub, L. 94-163, 89 Stat. 871), 16) Pursuant to Executive Order 13858 "strengthening BuyAmerican Preferences for lnfrastructurc Plojects," and as appropriate and to lhe extent consistent with law, the non- Federal entity should, lo the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or malerials produced in the United States, as required in 2 CFR Part 200.322, in every contract, subcontract, purchase order, or sub-award that is chargeable against federal financial assistance awards. 17) Per 2 C,F.R. S 200.216, prohibitions regarding certain telecommunications and video surveillance services or equipment are mandated by secflon 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2O19 (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 plans and documents into compliance with the requirements of 2 CFR Part 2OO.317 through 200.327. The Subrecipient must ensure that its procurement process requires contractors and subcontractors to provide adequate documentation with sufficient detail to support the costs of the project and to allow both the Subrecipient and Department to make a determination on eligibility of project cosls. c. All contracting agreements entered into pursuant to this Agreement shall incorporate this Agreement by reference. DISCLO$URE The use or disclosure by any party of any information concerning the Department for any purpose not directly connected with the administration of the Department's or the Subrecipient's responsibilities with respect to seMces provided under this Agreement is prohibited except by prior written consent of the Department or as required to eomply with the state Public Records Act, other law or courl 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 board shall be in writing, stata the disputed issues, state the relative positions of the parties, and be sent to all parties. The board shall consist of a representative appointed by the Department, a representative appointed by the Subrecipient and a third par$ mutually agreed upon by both parties. The determination of the dispute resolution board shall be final and binding on the parties hereto. Each party shall bear lhe cost fbr 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.HSG P.SH SP-FY22 Page 15 of44 Klttitas County, E23-1 16 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 formed as a resuft of this Agreement. To the extent allowed by law, the Subrecipient, its successors or assigns, will protect, save and hold harmless the Department, the stale of Washington, and the United States Government and their authorized agents and employees, from all claims, ac{ions, costs, damages or expenses of any nature whatsoever by reason of the acts or omissions of the Subrecipient, its subcontractors, subreiipients, assigns, agents, contractors, consultants, li@nsees, invitees, employees or any person whomsoever arising out of or in connection with any acts or activities authorized by this Agreement. To the extent allowed by law, the Subrecipient further agrees to defend the Department and the state of Washington and their authorized agents and employees in any litigation; including payment of any costs or attorneys' fees for any claims or action commenced thereon arising out of or in connection with acts or activities authorized by this Agreement. This obligation shall not include such claims, costs, damages or expenses which may be caused by the sole negligence of the Department; provided, that if the claims or damages are caused by or resultirom the concurrent negligence of (1) the Department, and (2) the Subrecipient, its agents, or employees, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the Subiecipient, or the Subrecipienfs agents or employees. lnsofar as the funding source, FEMA, is an agency of the Federalgovernment, the following shall apply: 44 CFR 206.9 Non-liabilitv. The Federal government shall not be liable for any claim based upon the exercise or performance of, or the failure to exercise or perform a discretionary function or duty on the partgf a federal agency or an employee of the Federal govanment in carrying out the provisioris of the Stafford Act. A.14 LIMITATION OFAUTHORITY-AUTHORIZED SIGNATURE The signatories to this Agreement represent that they have the authorig to bind their respective organizations to this Agreement. Only the Department's Authorized Signature representative and the Authorized Signature representalive of the Subrecipient or Alternate for the Subrecipient, formally designated in writing, shall have lhe express, implied, or apparent authority to alter, amend, modify, oi waive any clause or condition of this Agreement. Any alleration, amendmenl, modification, or waivirr of any clause or condition of this Agreement is not effective or binding unless made in writing and signed by both parties' Authorized Signature representatives, except as provided for time extensions in Articte A.3. Further, only the Authorized Signature representative or Alternate for the Subrecipienl shall have signature authority to sign reimbursement requests, time extension requests, amendment and modification requests, requests for changes to projects or work plans, and other requests, certifications and documents authorized by or required under this Agreement. A.15 LOSS ORISFDUCT|ON OF FUNplNc ln the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement and prior to normal comptetion or end date, the Oepartmerit may unilaterallyreduce the work plan and budget or unilaterally terminate all or part of the Agre6ment as a "Termination for Cause" without providing the Subrecipient an opportunity to cure. Atternativety, the parties may renegotiate the terms of this Agreement under 'Amendments and Modifications' to c6mply with new funding limitations and conditions, although the Department has no obligation to do so. 4.16 NONASSIGNABILITY Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by the Subrecipient. A.17 NONDISCRIMINATION During the performance of this agreement, the Subrecipient shall comply with all federal and stale nondiscriminalion statutes and regulations. These requirements include, but are not limited to: e, Nondiscriminalion in Employment: The Contractor shall not discriminate against any employee or applicant f9r employment because of race, color, sex, sexual orientation, retigion, nifionit oiigin, creed, marital status, age, Vietnam era or disabled veterans status, or the presence of any sehsory, DHS-FEMA-HSGP-SHSP-FY22 Page 16 of 44 Kittitas County, E2g-116 mental, or physicalhandicap. This requirement does not apply, however, to a religious corporation, association, educational institution or socie$ with respect to the employment of individuals'of a particular religion to perform work connected with the carrying on by such corporation, associalion, educational institution or society of its activities.b. The Subrecipient shall take action to ensure that employees are employed and treated during employmenl without discrimination because of their race, color, sex, sexual orientation religion, national origin, creed, marital status, age, Vietnam era or disabled veteran status, or the presenie of any sensory, mental, or physical handicap. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment selection for training, including apprenticeships and volunteers. NOTICES The Subrecipient shall comply wilh all public notices or notices to individuals required by applicable local, state and federal laws and regulations and shall maintain a record of this compliance. 9=C$UPATIQNAL SAFETY/HEALTH ACT and WASHINGTON INDUSTRIAL SAFETYHenITH nCt {9SHAAMSHA) The Subrecipient represents and warrants that its workplace does now or witl meet all applicable federal and state safety and heallh regulations that are in effect during the Subrecipienfs performance underthis Agreement. To the extent allowed by law, the Subrecipient further agrees to indeninifu and hold harmless the Department and its employees and agents from all liability, damages and costs of any nature, including, bul not limited to, costs of suits and attorneys' fees assessed-against the Departmlnt, as a result of the failure of the Subrecipient to so comply. OWNERSHIP OF PROJECT/CAPITAL FACILITIES The Department makes no claim to any capitalfacilities or real propefi improved or constructed with funds under this Agreement, and by this subaward of funds does not and will not acquire any ownership interesl or title to such property of the Subrecipient. The Subrecipient shall assume all liibilities and resp_onsibilities arising from lhe ownership and operation of the project and agrees to indemni! and hold the Department, the state of Washington, and the United States government harmless from any and all €uses of action arising from the ownership and operation of the project. POLITICAL ACTIVITY No portion of the funds provided herein shall be used for any partisan political activity or to further the election or defeat of any candidate for public oflice or influence the approval or defeat of any ballot issue. PROHTBTTTON AGATNST PTMENT OF BONUS OR COMMTSSTON Theassistance provided under this Agreement shall not be used in payment of any bonus or commission for the purpose of obtaining approval of the application for such assistance or any other approval or concurrence under this Agreement provided, however, that reasonable fees or bona fide lechnical consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if othenrise eligible as project costs. PUBLICITY The Subrecipient agrees to submit to the Department prior to issuance all advertising and publicity matters relating to this Agreement wherein the Department's name is mentioned, or language ujea frorir which the conneclion 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 the prior written consent of the Department. The Subrecipient may copyright original work it develops in the course of or under this Agreement; however, pursuant to 2 CFR part 200.31S, FEMA reserves a royalty- free, nonexclusive, and irrevocable license to reproduce, publish or otheruise use, and to authoriie others to use the work for government purposes, Publication resulting from work performed under this Agreement shall include an acknowledgement of FEMA's financial support, by lhe Assistance Listings Number (formerly CFDA Number), and a statement that the publication does not constitute an endorsement by FEMA or reflec{ FEMA's views. RECAPTURE PROVISION ln the event the Subrecipient fails to expend funds under this Agreement in accordance with applicable federal, stale, and local laws, regulations, and/or the provisions of the Agreement, the Deilirtment reserves the right to recapture funds in an amount equivalent to the extent of noncompliance, Such right A.18 A.19 A.20 4.21 4.22 4.23 4.24 D HS.FEMA-HSGP-S HSP-FY22 Page 17 of44 Kittitras County. E23-1 16 of recapture shall exist for the life of the project following Agreement termination. Repayment by the Subrecipient of funds under this recapture provision shall occur within 30 days of demand. ln the ivent the 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. A.25 RECpRpS,a. 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, DHS, FEMA or their designees, b1 the Comptroller General of the United States or its designees, or by other state or federal officials authorized by law, for the purposes of determining compliance'by the Subrecipient with the terrns of this Agreement and to determine the appropriate level of funding to be paid under the Agreement. c, The records shall be made available by the Subrecipient for such inspection and audit, together with suitable space for such purpose, at any and all times during the Subrecipient's normal working day. d. The Subrecipient shall retain and allow access to all records related to this Agreement and the funded project(s) for a period of at least six (6) years following final payment and closure of the grant underthis Agreement. Despite the minimum federal retention requirement of three (3) years, the more stringent State requirement of six (6) years must be followed. A.26 REsPoNSlBlLlw FoR PROJECT/STATEMENT oF WoRIvVVoRK PI-ANl Jhile tle Department undertakes to assist the Subrecipient with the projecUstatement of work/work plan (project) by providing federal award funds pursuant to this Agreement, the project itself remains the sote 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 Agreemant. The responsibility forthe design, development, construction, implementation, operation and maintenance of the project, as these phrases are applicable to this project, is solely that of the Subrecipient, as is responsibility for any claim or suit of any nature by any third party related in any way to the project. Prior to the start of any construclion aclivity, the Subrecipient shall ensure that all applicable federal, state, and local permits and clearanc€s are obtained, including, but not limited to, FEMA bompliance with the National Environmental Policy Act, the National Historic Preservation Act, the Endangeied Species Act, and all other environmental laws, regulations, and executive orders. The Subrecipient 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 shail not look to the Department, or to any state or federal agen6y, or to any of their employees or agents, for any performance, assistance, or any payment or indemnity, including, but not limited to, cost of defense and/or attorneys'fees, in connection with any claim or lawsuit brought by any third party related to any design, development, construction, implemenlation, operation and/or maintenance of a project. 4.27 SEVERABILIry lf any court of rightfuljurisdiction holds any provision or condition under this Agreement or its application to any person or circumstances invalid, this invalidity does not affect other provisions, terms or conditions of the Agreement, which can be given effect without the invalid provision. To this end, the terms and conditions of this Agreement are declared severable, A.28 SINGLE AUDITACT RENIREMENTS (inctuding alt AMENDMENTS) The Subrecipient shall comply with and include the following audit requirements in any subawards. Non-federal entities, as Subrecipients of a federal award, that expend $75O,OO0 or more in one fiscal year of federal funds from all sources, direct and indirect, are required to have a single or a program- specific audit conducted in accordance with 2 CFR Part 200 Subpart F. Non-federal entities th'at Jpend less than $750,000- 1y9q in federal awards are exempt from federal audit requirements for that year, except as noted in 2 CFR Part 200 Subpart F. As defined in 2 CFR Part 200, the term 'non-federal ehtity" DHS-FEMA-HSGP-SHSP-FY22 page 18 of 44 Kittitas Gounty, E23_1 16 means a state, local government, lndian tribe, institution of higher education, or nonprofit organization lhat canies out a federal award as a recipienl or subrecipient. Subrecipients that are required to have an audit must ensure the audit is performed in accordance with Generally Accepted Government Auditing Standards (GAGAS) as found in the Governrnent Auditing Standards (the Revised Yellow Book) developed by the United States Comptroller General and the OMB Compliance Supplement. The Subrecipient has the responsibility of notiffing its auditor and requesting an audit in compliance with 2 CFR Part 200 Subpart F, to include the Washington State Audito/s Office, a federal auditor, or a public accountant performing work using GAGAS, as appropriate. Costs of the audit may be an allowable grant expenditure as authorized by 2 CFR Part 200.425, The Subrecipient shall maintain auditable records and accounts so as to facilitate the audit requirement and shall ensure that any subcontractors also maintain auditable records. The Subrecipient is responsible for any audit exceptions incurred by its own organization or that of its subcontractors. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report. The Subrecipient must respond to Department requests for information or corrective action concerning audit issues or findings within 30 days of the date of request. The Department reserves the right to recover from the Subrecipient all disallowed costs resulting from the audit. After the single audit has been completed, and if it includes any audit findings, the Subrecipient must send a full copy of the audit and its Corrective Action Plan to the Department at the following address no later than nine (9) months after the end of the Subrecipient's fiscal year(s): Gontracts Office Washington Military Department Finance Divlslon, Bulldlng #1 TA-20 Camp Murray, WA 98430-5032 OR Cont racts.Off ice@m il.wa.o 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 this Agreemenl. ln the absence of a valid claim of exernption from the audit requirements of 2 CFR Part 200 Subpart F, the Subrecipient's failure to comply with said audit requirements may result in one or more of the following ac{ions in the Department's sole discretion: a percentage of federal awards being withheld untilthe audit is completed in accordance with 2 CFR Part 200 Subpart F; the withholding or disallowing of overhead costs; the suspension of federal awards until the audit is conducted and submitted; or termination of the federal award. SUBRECIPIENT NOT EMPLOYEE The Subrecipient, and/or employees or agents performing under this Agreement, are not employes or agents of the Department in any manner whatsoever. The Subrecipient will not be presented as nor claim to be an officer or employee of the Department or of the State of Washington by reason 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 Washington, including, but not limited to, Workers'Compensation coverage, unemployment insurance benefits, social security benefits, relirement membership or credit, or privilege or benefit which would accrue to a civil service employee under Chapter 41.06 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 college, state board, or state commission, that the officers and employees are employed by the State of Washington in their own right. lf the Subrecipient is an individual cunently employed by a Washington State agency, the Department shall obtain proper approvalfrom the employing agency or institution before entering into this contract. A statement of "no conflict of interest" shall be submitted to the Department. TAXES. FEES AND LICENSES Unless otherwise provided in this Agreement, the Subrecipient shall be responsible for, pay and maintain in cunent status alltaxes, unemployment contributions, fees, licenses, assessments, permit charges and 4,29 A.30 DHS.FEMA.HSGP.SHSP-FY22 Page 19 of44 Kittitas Gounty, 823-1 16 4.31 4,32 4,33 A.34 expenses of any other kind for the Subrecipient or its staff required by statute or regulation thal are applicable to Agreement performance. TERMINATION FOR CONVENIENCE Notwithstanding any provisions of this Agreement, the Subrecipient may terminate this Agreement byproviding written notice of such termination to the Department Key Personnel identified in mJAgreemenl specifying the effective date thereof, at teast thirty (30) days prioi to such date. Except as otherwise provided in this Agreement, the Department, in its sole diseretion and in the best interests of the state of Washingtgn, may terminate this Agreement in whote or in part ten (10) businessdays after emailing notice to the Subrecipient. Upon notice of termination ior convbnience, the Department reserves. the _right to suspend all or part of the Agreement, withhold further payments, orprohibit the Subrecipient from incurring additional obligations of funds. ln the event of terhihation, the Subrecipient shall be liable for all damages as authbrked by law. The rights and remedies of the Department provided for in this section shall not be exclusive and are in addition to any other rights and remedies provided by law. TFRqilNATTON OR SUS The Deparlment may.unilqterally terminate or susp-nd all or part of this Grant Agreement, or may reduce its scope of work and budget, if there is a reduction in funds by the source of ihose funds, anil if such funds are the basis for this Grant Agreement. The Department will email the Subrecipient ten (10) business days prior to termination. TERMINATION OR SUSPENSION. FOR CAUSE ln the event the Department, in its sole discretion, determines the Subrecipient has failed to fulfill in a timely and proper manner its obligations under this Agreement, is in an unsound financial condition soas to endanger performance hereunder, is in violation of any laws or regulations that render the Subrecipient unable to perform any aspect of the Agreement, or has violated any of the covenants, agreements or stipulations of this Agreement, the Depaftment 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 adion and provide a period of time in which to cure. The Department is nol required to allow the Subrecipient an oppbrtunity to cure if it is not feasible as determined solely within the Department's discretion. Any time ait6weO for cure shall not diminish or eliminate the Subrecipient's liability for damages or othenrvis-e affect any other remedies available to the Department. lf the Department allows the Subrecipient an opportunity to cure,the Department shall notiff the Subrecipient in writing of the nead to iake correitive adi6n. lf the correc{ive as{ion is not taken.within ten (10) calendar days or as othenrise specified by the Department, or if such corrective action is deemed by the Department to be insufficieht, the Afreemeni may be terminated in whole or in part. The Department reserv.es 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 correctiva action by the Subrecipient, if alowed, 6r pending a decision by the Department to terminate the Agreement in whole or in part. ln the event of termination, the Subrecipient shall be liable for all damages as authorized by law, including, but not limited !o, ."ny cost difference between the original Agreement and the replacement or cover Agreement and all administrative costs directly related to the replacement Agredment, e.g., cost of administering the competitive solicitation process, mailing, advertiiing and othel associated staff time. The rights and remedies of the Department provided for in this sedion 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 conlrol, fault or negligence, the termination shall'be deemed to be a termination for convenience. TERM I NATION PROCEDURES ln.addition to.the-prooedures set forth below, if lhe Department terminates this Agreement, the Subrecipient shall follow any procedures specilied in the termination notice. Upon termination of this Agreement and in addition to any other rights provided in this Agreement, the Department may raquire DH$FEMAHSGP-SHSP.FY22 Page2o ol 44 Kittitas County, E23-1 16 the,Subrecipient to deliver to the Department any property specifically produced or acquired for the performance of such part of this Agreement as has been terminated. lf the termination is for oonvenience, the Department shall pay to the Subrecipient as an agreed upon price, if separately stated, for properly authorized and completed work and seruices rendered or goods delivered to and accepted by the Department prior to the effective date of Agreement termination, the amount agreed upon by the Subrecipient and the Department for (i) completed work and services and/or equipment or supplies provided for which no separate price is stated, (ii) partially completed work and services and/or equipment or supplies provided which are accepted by the Department, (iii) other work, services and/or equipment or supplies which are accepted by the Department, and (iv) the prolection and preservation of property. Failure lo agree with such amounts shall be a dispute within the meaning of the "Disputes" clause of this Agreement. lf the termination is for cause, the Department shall determine the extent of the liability of the Department. The Department shall have no other obligation to the Subrecipient for termination. The Department may withhold from any amounts due the Subrecipient such sum as the Department determines to be necessary to protect the Department against potential loss or liability. 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 othenuise directed by the Department in writing, the Subrecipient shall: a. Stop work underthe Agreement on the date, and to the extent specified, in the notice;b, Place no further orders or contracts for materials, services, supplies, equipment and/or facilities in relation to this Agreement except as may be necessary for completion of such portion of the work under the Agreement as is not terminated; c. Assign to the Department, in the manner, at the times, and to the extent direded by the Department, all of the rights, title, and interest of the Subrecipient under the orders and contracts so terminated, in which case the Department has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and contracts;d. Settle all outstanding liabilities and all claims arising out of such termination of orders and contracts, with the approval or ratification of the Department to the extent the Department may require, which approval or ratification shall be final for all the purposes of this clause;e. Transfer title to the Department and deliver in the manner, at the times, and to the extent directed by lhe Department any property which, if the Agreement had been completed, would have been required to be furnished to the Department; f. Complete performance of such part of the work as shall not have been terminated by the Department in compliance with all contractual requirements; and I. Take such action as may be necessary, or as the Department may require, for the protection and preservation of the property related to this Agreement which is in the possession of the Subrecipient and in which the Deparlment has or may acquire an interest. MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES ln accordance with the legislative findings and policies set forth in Chapter 39.19 RCW the State of Washington €ncourages participaiion in all its contracts by MWBE firms certified by the Office of Minority and Women's Business Enterprises (OMVVBE). To the extent possible, the $ubrecipient will solicit and encourage minority-owned and women-o\ffned business enterprises who are certified by the OMV\tsE under the state of Washington certification program to apply and compete for work under this contract. Voluntary numerical M\ tsE participation goals have been established, and are indicated herein: Minority Business Enterprises: (MBE's): 10% and woman's Business Enterprises (\AEE's):6%. VENUE This Agreement shall be construed and enforced in accordance with, and the validig and performance shallb_egovemed by, the laws of the state of Washington. Venue of any suit between the parties arising out of this Agreement shall be the $uperior Court of Thurston County, Washington. The Subrecipient, bi execution of this Agreement, acknowledges the jurisdiction of the courts of the state of Washington. A.35 A.36 DHS.F EMA-HSGP-SHSP-FY22 Page 21 of 44 Kittitas County, E2$1 16 A.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 of the Agreement or to exercise any right based upon a breach thereol or the acceptance of any performance during such breach, shall nol constitute a waiver of any right under this Agreement. DHS.FEMA-HSGP-SHSP-FY2z Page22ol 44 Kittitas county, E23-l 16 Attachment C 22HSGP Award Letter EMW-2022-S S -{t0056€ 01 Awetd Letbr U,S. Deparunent of Homeland $ecurity washington , 9 .c ,28472 Brel Daughefiy Washington Mililary Depa rlme nl Building 20 Camp Muray,WA98430 - 512? Re Granl No.EMW-2022-SS"00056 Dear &et Daugherly C ongralulalion s, on behalf of lhe Department of Homeland Se;:urity, your applbalron for financral assislance submilled under the Fiscal Year (FY) 2t]22 Homeland Security Grant Program has been approved in the amount of $1 3.S15,347 (Il. You are nol required to malch lhi* award wilh any amounl of norrFederaNfunds. Befote.yourequestandreceiveanyoflheFederalfundsawardedtoyou,youmusleslablshacceplanceoflheaward By accep.ting lhis award, you acknowledge that lhe lerms df the following documsnts are incorporated inlo lhs lerms of your award: ' Agreement Arlicles (attached to lhisAward !-etter). Obligating Document (attached to this Award Leller). FY 2022 Homeland Security Granl Program Nolrce of Funding Opportunity. FEMA Preparedness Granls Manual Please make suro you read, undersland, and mainlain a copy of trese documenls rn your official file for lhis award ln orderlo establish acceplance of lhe award and its lerms, please followlhese inslruclions: Slep 1:Please log in to the ND Grants systsm at https://portal,fema.gov- Step 2: Afte r logging in, you will see the Home page wilh a Pending Tadcs menu. Clrck on the Pending Tasks menu. select th e Applicalion sub-menu, and lhen click the link for 'Award Offer Review" lasks. Thrs hnk will navigate you to Award Packages that are pending reviar. Step 3: Click lhe Review Award Package icon (wrench) lo review the Award Package and accepl or decline lhe award Please save or print the Award Packa ge for your records. $ys{em for.Award Managemenl (SAlvl): Granl recipients are lo keep atl of lheir information up lo dale in SAM, in partieular, your organization's namo. address, Unique Entily ldenlifier (UEl) number. EIN and banking information. Please ansure that the UEI nurnber used in SAM is lhe same one used lo applyfor al$ FElvlAawards. Future paynents wlll be contingent on the informatisn prwided in lhe SAM; therefore. il is imperalive lhat the informatqon is correcl, Thi System fsrAward Managemenl is lo cale d al htle:itrrrwrrtt. ga.m.gov. lf you have any queslions or have lpdaled your information in SAtr,l, please let your Granls Managemenl Special,st (GMS) know as so on as possib le, This will help us lo make lhe necessary updates and avoid any interrufilons in lhe paymint proc996. OHS-FEMA.HSGP-SHSP-FY22 Page 23 ol 44 Kittitas Gounty, E23.1 16 ?r-s d-JL-- Pamela S. Williams Assistant Administator Grant Programs Directorate PAtulELA SU SAN WILLIAI'IS DHS-FEMA.HSGP-SHSP-FY22 Page24 ol 44 Kitlitas County, E23-1 16 egprugrt{gfq}€. Thu Sep 01 ttr:00 0U cMT 2U22 GRANTEEI PROGRAM: AGREEMElIT IIUMBER: Atlicle I Adicle ll Article lll Ailicle lV AnicbV Arlicle Vl &lide Vll Artide Vlll Atide lX tutide X Arlicla Xl Arlicle Xll Arlicle Xlll U,S. D4artment of Homeland Security washin gton , a.c. 20472 AGREEMENT ARTICLES Homsland Securlty Granl Program Wbshinglon Milrtary Oepadmenl Homeland Security Granl Program EN,lVli 2022- S$m055- S0 1 TABLE OF CONTEl{TS Summary Descriplion of Award DHS Standard Terms and Condilions Generally Assurances, Administraliva Raquirements, Cost Prineiples, R eprese ntalion s and C erlf icatons General Acknowledgements and Assurances Acknowledgamenl of Federal Funding from DHS Actrvities Conducied Abroad Age Discrimination Act of 1975 Americans with Disabilities Ad of 1990 Eest Practicesfor Colleclion and Use of Personally ldentiliable lnfomalion Civil Rights Act of 1964 - Tille Vl C ivil R ights Act of 1 968 Copyright Debarment and Suspension DHS.FEMAHSGP-SHSP"FY22 Page25 ol 44 Kittitas County, 823-1 16 Article XV Article X/ Article X/l Article X/ll Article X/lll Aticte xtx Article )Q( Aticle )C(l Adicle )C(l Arlicle )frlll Aticle )C(lV tuticle )C(V Article )C(Vl Micte )cwil Arlicle )O0/lll Articl€ )0(X Article )0(X Artlole )O(Xl Article )0fi11 Article )00\lll Article )C(XIV Article )C(X/ Drug-Free Workplace Regdations Duplication of Benefite Education Amendments of 1972 (Eqr,lal Opportunity in Educatbn Act) - Title lX Energy Pollcy and Conservation Act False Claims Act and Prognam Fraud Civil Remedies Federal DebtStatus Federal Leadership on Redrcing Text Messaging while Driving Fh7 Arnerica Act of 1974 Hotel and Molel Fire Safety Ao't of 19$) John S. McCaln National Defeme Adhorization Aot of Fiscal Year 2O19 Limited Englbh Proliciency (civit Rights Act of 1964 - Tifle vl) Lottying Prohibitions National Erwironmential Policy Act Nondiscrimination in Matters Fertaining to Faith-Based Organizations Non-SupplantirE Requirement Notioe of Funding Opportunity Reqrirernents Palerils and lntelbotrnl Property Rights Rocurement of Recovered Matenals Rehabllitation Act of 1973 Reporting of Matters Related to Reciprient lntegnty and Performance Repoding Subawards and Execulive Compensation Required Use of Amerioan lron, Steel, Manufactued Products, and Construotion M aterials DHS-FEMA.HSGP.SHSP.FY22 Page6ot4F,Kit{rtas County , E23-116 Arlicle )O(X/l Article XXX/ll Article )O(Xllll Articie )OfilX tuticle)(L Article XLI Article )(Lll Adicle XLlll Article XLIV Article XLV Artich XLV| Article XLVII Arlicle XLV|ll Article XLIX Article L &ticle Ll Aillcle I . Summary Descrlptlon of Aurard The plrpose of tle FY 2022 HSGP is to supporl state and local eflorts to prevent terorlsm and othsr oatastrcphic events and to prepar€ the Nation for the threatE and hazards that pose the great€st risk to the security of the Ur{ted States The HSGPprovldes fundlng to implement lrve$ments that b{rild, srctain, and deliver the 32 core capalflilies essential to achieving the Nationat Preparednees Goal of a secure ard reeilient Nation. Annng the five basic honeland security missions noteo ii tne DHS Quadrennial Homeland Securi! Review, HSGP supports the goal to Strenglhen National prepdredness and Resilience. The buitsing, suslainnent, ard delivery of these core capaonities are not exolusive to arry slrple level of governrnent, organization, or mmmunity, but rather, reguire the combined efiorl of the whole commuriiry rnn HSGp iward consists of State,Hon'eland Security Prog111n.lSHSfl funding in the amount of $6,190,947, Urban Area security lnitiative (UASI) fundirE in the anpuntof $6,250,000 (Seattle Area, $6,25Q000), and Operation Stonegarden (OFSG) firnding in the ambunt of $1,464400. The folloring counties ehall recetue OPSG subawards for the foltowirglmounis: Adams, $Zg,-Om; Chllam, $10Q000; Ferry, $1 12,500; lsland, $100,000; Lower Ehrvtra Trlbe, $75,000; Makah Trlbe, $7b,fl)0; Nooksack, $99,0(D;Okanogan $100,000; Pend oreillq $150,000; San Juan, S100,000; spokang $156,000:Stwens, $100,000;-Swimmish Tribe, $72,9fl1; lMatcom, $100,0m. These grant programs lurd a rarge of activities, irntuding ptlnninj, organization equipnnnt purohase, training, exercises, and managenent and admiristration across all core iapabitifies and misslon areas, Artlcle ll . DHS Sbndard Terms and Condltlons Gcncrally SAFECOM Terrorisl Finarning Traffrkrng Victims Protection Act of 2000 [VpA) Unlversal ldentifier and System of Award Management USA PATRIOT Act of 20Ol Use of DHS Seal, Logo ard Flags \Mi sllebfower Protsction Act Environmental Planning and Historic Preservation (EHp) Revbw ApplicaUllty of DHS Standard Terms arrd Conditions to Tribes Acceptance ol Post Award Changes Drsposrtion of Equipment Acquired Under the Federal Award Prior Apoval for Modification of Approved tudget lndirect Coot Rate HSGPPeilormance Goal Operation Stonegarden Program Hold @SG Program Ferformance Goal DHS-FEMA-HSGP-SHSP-FY22 Page27 ol4 Kittitas County, E23-1 16 The Fscal Year (FY) 2022 OH$ Standard Terms and CondUons apply to all nsrv federal finarrciat assistance awards tunded in FY 2022 These terms and corditlons flo,v dovvn to eubreciflents ur{ess an award term or condrtion specifrcally lndicates otherwis€ The United States has the riglrt to seek jr.rdtcial enforcement of these obligations. All legislation and digital resources are reterenced with no digital links. The FY 2022 DHS Standard Terms and Conditiors wrfl be housed on dhs gov at www.dhs.gov/publicationllyl5-dls-standard-terms-ard-condittons. Artlcle lll . Assurancesr Admlnlstratlve Requlrements, Gost Prlnclpl$, Representa$ons and Gertlflcatlons I DHS linancial assisbrce recipients musl complete eittrer the Orfflrce of Management and Budget (OMB) Standard Form 4248 Assurances - Non-Constrrction Progams, or OMB StandardForm424D Assurances - Construction Prograrns, as applcable Cerbin assurances tn these documents may not be appl,caHe to your program, and ths DHS nnan;id assistance ofiice (DHS FAO) rnay require applicants to certify addtional assurances Applicants are required to frll out the assurances ae instructed by the awardirrg agerry. ll DHS financial assistarre recipients are required to follow the applicabb provisions of the Uniform Administratve Reqlirements, Cosl Principes, and Audit Requiremenb for Federal Awards located at Title 2, Code of Federal Regulatiorn (C F R.) Part 200 and adofled by DHS at 2 C.F.R. Pail 3002. lll. By aoce$ing this agreementrecipients,andtheirexecr.rtives,as defrned in 2 C.F.R.€ection170 315, certifythat their pollcie€ are in accordance wilh OMBs glidance located at 2 C.F.R, Part 200, all applicable federal hws, and relerrant Execr:tive guldance Arffcle lV. General Admorylcdgements and Assurance All recipients, suhecipients, successors, transferees, and assignees mLet acknowledge and agree to comdy wilh apgicable provisions gwerrfng DHS accessto records, ac@unts, documents, information, facilitiss, and slaf, l. Recipients musl cooperate with any DHs compliance reviews or comgnnce rrwestigatrors condrrcted by DHs. ll. Reciptents must give DH$ access to examire and copy records, accounts, ard other docurnents and sources of infornration related to the federal firnrrcial assbbnoe award and permit acoess to faoilities or personnel, lll. Rectpients must submit ttrnely, complete, and acourate reports to the appropriate DHS ofiicials and mainbin appropriate backup documentalion to supporl the repoils. lV Recipients must comply with all ottEr speclal reporting, data collection, ard evatualion requiremenb, as p{escribed by law, or delailed in program guidance. V. Reclfients (as deflned ln 2 C.F.R. Part 200 and inclr.rdlng reclplenb acting as pass-through enllties) of lederal financial assislance from DHS or one ol its awarding compornnt agerrcies rrusl complete the DFls Ctuil Rights Evalualion Tool within thirty (30) days of recei$ of the Notice of Award for the first award under whtch ths term applies. Recipients of rnultifle awar6 of DHS financial assistance should onry subnit one completed tool for their organlzation, nc[ per award. After the initlal submission, recipients are required to complete the tool orre every two (2) years if they have an active award, not everytirp an award is made. Recipients shoub subrnit the completed tool, rncludirg supporting nnte1als, to GivilRightsEvaluation@hq.dhs.gov. This tool olarifies the civil rights oH[atbrn ard related reporting reqrirennnts conlained in the DHS Slarrdard Terms and Condltlons. Subreclpienb are not requlred to complete and submitlhb toolto DHS. The evaluation lool can be found at https:/Aruw.drs.gov/p,rblication/dhs-civil-rights"s/aluation-tool. The DHS Oflice for Civil Rigl{s and Civil Liberties will corsi(br, in its discrelion, grantirp an extension if tlre recipient identifies stepc and a timeline for completing the tool. ReciF'ients should r6q.rest extensiors by emalling the reqrbst to CivilRlghtsEvalmtlon@hq.dhs.gov prlor to expiraflon of the 30-day deadllne. Arllcb V - Acknowledgerpnt ol Federal Fundlng from DHS Recipients must ackmwledge their use of federal lundlng when issuirg statements, press releases. requests lor proposal, bid invilations, and other documents describing pnojects or prognrm funded in whole or in part with federaifunds. Artlcb Vl - Acllvltles Conducted Abroad Recidents must ensure lhat project ac'tivities performed outr:ide lhe United Stat€s are coordinated as necegsary with appropriate government auttnrities and that appropriate lloerseq permits, or approvale are obtaired. DHS-FEMA-HSGP.SHSP.FY22 Page 28 ol 44 Kittitas County, E23-1 16 Artlclc Vll - Agc Discrln{natlon Act of lg75 Recipients aus! comply with the requirenerfs of the Age Discriminat:on Ac't of 1975, public Law 94-135 (1975) (oodified as amended at Ttie 42. U.S Code, section 6101 et seg.), which prohibits discrimirEtion on the basis of age in any program or activity receivirp federal financial assistance. Anlcle Vlll - Amarlcan8 wtth Dtsabilt{E Act of 1990 F9c]Penlsmustcomp'ywllhthe requirementsof Titles l, ll, and lll of theArnericanswithDisabititiesAc! pub l.'1t]1-336 (1990) (oodified as arnended at 42 U,S.C sections 12101 - 122131, which prohihits recipients from discriminating on the basis of disability in the operation of public ent?ties, public and privale transporbtion systems, plaoes of pr-blic accommodation, and certain testing entitres" Artlcle lX - Best Practlces for Collectlon and Use of Personally ldentlflable lnformafion Recipients who_oolleol personally identifiaHe informalion (Pli) are reguired to have a publioly available privaoy policy that describes standards on the usage and rnaintenance of lhe Pll they collect. DHS defines Pll-as arry infoimatioi ihat permits the identity of an individual to be directly or indirectly inferred, including any rr{omation ihat is linkecl 6r finkable to lnt irdividuat. Recipients may also find the DHS Prrvacy lmpact Assessmentc: Privacy Gddance and PrivacyTemplate as usefut resouroes respeclive[. Aillcle X - Clvll RlghG Ac{ of t9B{ . Ttfle Vt Recipients mr.st comply with the reguirements of Title Vl of the Crvil Rights Ac1 of 1964 (codified as amended at 42 U.S.C. section 20(X)d et seq.), whl9h ptovides that m person in th€ United States will, on the grounds of race, color, or national origrn. be excluded from participatbn in, be denied the benelits of, or be sugeoled to discriminalion under arry program or activity recelving tederal ftnan(xal assishnce. DHS lmpementing regulations for the Act are found at 6 C.F.n i:irt it and 44 C.F R.Parl7. Artich Xl - Givll Rights Act of {868 Recipients must comply wih Tttle Vlll of the Civil Righh Act of 1968, Pub. L 90-284, as arnended thror.rgh pub. L 113-4, which prohibits recipients from discriminatng in the sale, rental, tinancing, and advertising of rtrvellings, 6r ln the proqsion of seryices in connection therewith. on the basis of race, color, national origin, religion, disatility, familiJl status. ard sex (see 42 U'S.C' section 3601 el seq ), as lmpbrnented by lhe U.S. Department ot Housirg and Urlran Developrnent at 24 C.F.R. Part '100. The prohlbition on disabrlity disoimination includes tle requirement that nerr multifamily horning w1h four or rnore dwelling unils - i.e., tte g.blb and oonilton use areas and indivUual apartnent units (all units in -buildingswitr elevators andground'floor units in h.dldings withotl elevators) - be designed and constructed wfth cirtain accessible flatures. (See 24 C.F.R. Part'100, Subpart D.) Artlclc Xll. Copyright R€cipbnts Inust affix the appicable copyrbht mtices of 17 U.S.C. sections 4Q1 or 02andan acknorrrtedgement of U.S. Govemrnent sponsorship (irnluding tlp award number) to any work first prodrred under federal financial issistance awards. Arilcle Xlll - Ilebarrpnt and Suspenslon Recidents are subiect to the non-procurernent debarmenl and susp€nsbn regulalions implementirXg Executive Orders (E.O.) 1 2549 and 1 2689, which are at 2 c.F.R. Fart 180 as adoged by DHs at 2 c.F.R pail 90b2. rhese regL{ations restriot federal linancial assislarpe awards, subawards, and contraots with certain padies that are @baned, ispended, or othenriseexcllded from or ineligiHe for participation in federal assishnce programs or actMities. Artlcle XlV. Drug-Free Woilplace Regulatons !rytgier*s must corrply with drr.rg'free worlplace requirements in Subpart B (or Subpart C, if the reciFient ia an incfrridual) of 2 C.F'R. Part 3001, whlch adopts the Government-\'vide implementation (2 C.F.R. Fart182) of Sec. S1S2-5158 of the Orqg-Free Workplace Act of 1988 (41 U.S.C. sections 8.t01-0106). Article XV. Duplication ol Benefits Any cost allocable to a particular lederal financial assistarre award provided for in 2 C.F.R. part fie Subpart E may not be chrged to other federal financial assistance awards to overcome fund deficiercies; lo avoid restrictioni impose<i Uy DHS.FEMA-HSGP-SHSP-FY22 Page 29 of44 Kittitas County, E23-1 16 federal slatutes, regulations, or lederal financial assistance award terms and conditlons; or for oiher reasons. Holever, these prohibitions would not ryeclude recipients from shifting cosls that are allowable under two or more awards in accordance with existing federal statutes, regulationq or the federal financial assistance award terrns and conditions. Artlcle XVI - Etlucatlon Amendments of 1972 (Equal Opportunlty ln Educatlon Ac{) - TlUe tX Recipients rnust complywith the requlremerrts of Title lX of the Edr.rcation Anendnpnts of 1972, RJb. L. 92-318 (1972) (mdified as amended at 20 U.S.C. section 1681 et seq.), which provide that rn person in the United States will, on the'basie of sex, be excluded from pailicipation in, be denied the benefits of, or be subjecled to discrimination under any edrcatronal program or activfi receiving federal tinancial a$slstance. DHS lmplernentirg regulatiorF are codified at 6 C.F.R. part 17 and 44 C.F.R, Pad 19. Adicle XVll - Energy Policy and Gonservalion Act Recipients must conplywith the reguirements of the Energy tulicy and Conservation Act, Pub. L s4 163 (1975) (codified as amended at 42 U.S.C. sectbn 6201 et seq.), which conhin policies relatirB to energy efficiency that are defined in the state ernrgy conssryation plan issued in oompliancawith this Aot. Ailicle XVlll - False Clalms Ac-t and Program Fraud Glvll Remedles Recipients must cornply with the requiremerils of the False Claims Ad, 31 U.S.C. sections 3729- 3733, which prohibit the submission of fal6e or fraudulent claims for payrnent to the Federal @vernrnent. (See 31 U.S.C. sections 3g0i-3g12, wru*ch details the administrative remedies for falee claims and staternents rmde.) Artlcb XIX - Federd Debt $tatus All recipients are required to be non-delinquent in thef rep€ymeni of any federal debt. Examples of relevant debt irplude delirquent payroll and sther taxes, audit disalls\ rarEes, and berelil overpaynnnts. (See O[,tB Circular A-129.) Artlcle XX. Fed€ral Leadershlp on Reduclng Text illessaglng whll€ Drlvlng Recipients are encouraged to adopt and enforce policies lhat ban text messaging while driving as described in E.O. 1351 3, includirg conducling iniliatives described in Section 3(a) of the Order when on ofiicial government business or when peilorming any work for or on behalf of the Federal Government. ArtlcleXXl .FlyAmerlcaAc{ ol 1UZ4 Recidents mwt comply wlth Preference lor U.S. Flag Air Carriers (air caniers holding certificates under 49 U s c,) for lnternational air traneportatbn of people and property to tle e)dent that such seMce is avaihble, in acoordance wilh the lnilemational Air Transportation Fair Competitive PradicesAct ot 1974,49 U-S.C. secton 40118, and tb interpretative guklelirns issued by the Conplroller Gererat of the United $tates in lhe March 31, 1981, amendrnert to Comitroller @neral Deoision +138942, Arficle XXll . Hotd and i,lotel Fale Saiety Ac{ of l$0 Recipients must ensure that all conference, me€ting, converrtion, or trair{ng space funded in whole or rn part wlth federal funds oomplbs with lhe lirg prwerrlion and control guidelires of Seclbn 6 of the l-btel and Motel Fire Safety Act of 1990. 1 s U.S.C. section 2225a. Artlcle XXlll - John S. McGah Natlonal Dcfense Authorizatlon Act of Flscal Year 2019 Recipients, suhecipierfs, ard their contrac'tors and subcontractors are sugect to the prohiutions described in secton 8Bg of the John S. Mccain Natiooal Deferse Authorization Ad for Fiscal Year2019, Pub. L. No. 116-232(2018) and 2 C.F.R. sections 200.216,?f;0.327,Zfl0.qn, and Appendix llto 2 C.F.R. Parl20o. Eteginning August 13, 202e the statule - as lt applies to DHs reciplents, subreci$ents, and their contractors and subcontractori - proniUG obligattng or expending federal award funds on certain teleoommunioalions and video surveillanoe prodrrcts and conlractrg w{h certain entities for national security reasons. Adcle XXM - Llmlted Eryllsh Proflclcncy (Glvll Rlghts Act of 1984 - Tltle Vt) Reoipients rnust comply $/ithTitle Vl of the civil Rphts Ac{ ol 1964 (42 U.S.C. section 2000d et seq } prohihition against discdmination on the basis of national origin, which reglires that recipients of federal linandal assisiarice tafe reasonable steps to provide rneaningful access to persons with limited Erglish proficiency (LEP) to their pograms and service$. For DHS-FEMA-HSGP-SH SP-FY22 Page 30 of44 Kittitas County, 823-1 16 additional assistanee and informalion https;/Avww and additbnal resources on http/Arvww. lep. gov Artlcle XXV. tobbylng Prohibifions rding langmge aeess obligations,refer to lhe DH$ Recipient Guidance: ns-provide-mea ningf ul-access.people-li mited Recipients must cornply wilh 31 U.S.C. section 1352, which provides that none of the funds provided under a fecleral finandal assishnce award rnay be expended by the recipient to pay any person to irrfluence, or attempt to influence an officer or employee of arry agency, a Member of Cor€tess, an officer or employee of Congress, or an emptoyee of a Member of Corgress in cornection with arry federal action related to a fecleraiaward or contrac-t, including irnlextension, conlinuation, renewal, amendrnenl, or rnodifi cation. Artlcle XXM . Nafional Enulronmental pollcyAct lggPients must comply with the requiremer{s of tte National Erwironrnentat Poticy Act ot 1969, (NEPA) pub. L. 91-1 90(1970) (mdified as arrpnded at 42 U.S.C, seotion 4321 et seq.) and the Council on Environnrental Ouatity (CEO) Regulatior6 for.lmp-lernenting tlte Procedural Provisions of NEPA, which require recidert$ to use all pradicaUe mearis'witnin ttelradhority, and consistent with other esserrtiat considerations of natiornl policy, to create and maintain condilons under whichpeople and nature can exist in producWe harmony and fulfill the social, economic, and other reeds of present and futuregeneratiors of Americars. Artlcle XXVII - NondBcllmlna0on ln llllatters Peftalnlng to Fa[h.Bas€d OrganEatlons It is DH.S policy to ensure the equal tleatrnent of faitlrbaeed organizations in social service prograrns administered or supported by OHS or its component agencbs, enabliqg those organizations to pailiclpate iri poviding impodant social s€Nices to benefioiaries. Reciprients mustcomply with the equal treatrnent policies aid requiienreilJmniained h 6 C,F.R. 1".S.19 14 9!n"t "ppticaUe statues, r€gulauons, and guidarrce goverr$ng ihe participatioris of Faith-based organizations lnindividual DFI$ programs" Article XXVlll . Non€upplantlng Rcqutrement Reclpients re6€Mng federal linanolal assishanc€ awards rnade under programs ttEt prohifit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budiTeted for lh€ same purpose thror-gr non-federat sources. Artlcle XXIX - Notlce of Fundltrg Opportunlty Requlrements All the inshuctiong guidanoe, limitations, and other conditiors set forth in the Notlce ot Fundlr€ Opportunity (NoFO) for thisprogpm are incorporated here by refererrce in the award tenns and conditions. All recipients rrusi inmptyiviin any iucfrrequirernentsset forth ln the program NOFO. Ardcle XXX - Patents and lntellectual property Rlghts ReciF,ients are suqed to tl'e Bayh-Dole Act, 35 U.S,C, section 200 el seq, unless otheruise provided by law. Reclpients are subject to- the specific requlrements governing lhe dwelopment reportlng, and disposition of rights to irventions and patenb resulting from federal financial assistance awards located at 37 C.F.R. Pirt 401 anO tfre dandald patent rights clar.se located at 37 C.F.R, section 401,14. Artlcle XXXI - Procurenrent ol Recoyered lt Hedalc States, polilical subdMsiorn of states, and their contractors must comply wilh Section 6002 of tlre Solid Waste Dsposal Ac{ PtJb. L. 89-27? (1965), (codifled^as.amended by the Resource Conseruition and Recwery Act, 42 U.s.c. section b962.)The requirenerrts of Sec{ion 60O2 irplude procurlng only iterns designated in guirlelines oi tne 'erMronnental protecflon Aggrrcy (EPA) at 40 C.F R. Fart 247 that contaln the highest percenbge of recorered materials practicable, consislent with maintaining a satisfactory lwel ol competition Adclc XXXI . Rehabllltdon Acl of 19?il ReciFients mwt oomply with the requirenenls of section 504 of the Rehabititation Act of 1973, pub. L. g3.112 (1g73) (cortified as arnended at 29 U"S.C. sectjon 794), which provides that m otheruise qualrfied handicapped inclvidmls in the United SJates wl[, sde]y by reason of tfre handoap" be exduded from particlpation in. be denied tirb oenenf ot, or be sutiected to discrirninatron under any program or activity recaiving f€d€ral finanoial assistanoe. DHS.FEMA-HSGP"SHSP"FY22 Page 31 of zl4 Kittitas Gounty, E23-1 16 Artlclc )fixlll - Reporting of ilhtcrs Relatcd to Rcciplcnt lntcgrlty and performance General Repoding Requirements: lf the total valtr of any cul1g{ly active grants, cooperalive agleements, and procuremer* contracts from all tederal awarding agencies ex€eds $10,000,000 lor any period of tirne during the period of performance of this federal aware then the reclpientrs must comply with the reqtirements set forth in the governmenl-wide Award Term and Condition for Recipient lntegrity and turformance Matters located at 2 C. F.R. Part 200, Appendix Xll, the full text of which is incorporated irere by refererrce in lhe award terms ard conditions. Arthle XXXIV - Reportlng Subarvards and E (ecuflve Gompensailon Reporting of first tier subawards: Recipients are reqdred lo comply wilh th.e requiremenb settorth in the governrnent-wide award term on Reporting Subawards and Executive Corpensation located al 2 C.F.R. Part 170, Appendix ,q tfre tutt text of which is incorporateilhere 6y reference in the award terms and condilions. Adlcle XXXV - Requlred Use of Amerlcan ltonr Ste€|, Il,lhnufacturcd Products, and Construcflon Matedats RlJipigrys and subrecipients must comply with the Bui?d America, Br.ry America Act (BABAA), which was enact€d as part of the lnfrastnrcture lnvestment and Jobs Acl Sections 7OW1-7@t27, Pub. L. No. tli-sa pditl; and Executive Ordei 1 t1005, Ersuring the Fr.iure is Made in All of America by All of Amerba s Workers" Se ario ori6e ot Management and EudSe! (Ol,lB), Memorandm M"22-11, lnifral lmplefi€ntation Guidance on Apptication of Buy America preierence in Federal Financial Assistiance Programs for lnfrastrrclrre. Recipients.and subrecipients of federal linancial assishnce programs for infrastruclure are hereby notilied that none of the funds provided urder this award may be used for a project lor lrfra$ructure unless: (1) all iron and sleel used ln the projeot are produced in the United States--this means all manr.rfacturing processes, from the initial melting stage through the application of coatings, oocurred in the united states; (2) all-manufaclured products r.rsed in the project are produced in the United Sbtes-this rneans the mandactured product wasrEnutactured in the United S:tates; and the cost of the components of the manufactured poduct that are m6d, proOrrce4 or nranulactured in tte United States is grcater than 55 percent of ttB total cost of all components of the rnanr.rfactuieO proOu6, unless amther standard for determining the minimum amounl of domestic content of thb manulactured prodrct has been estaHished under applicable law or regulation; and (3) all construdion matedals are manufactured in the United States-this rnears that all manufacturing pocesses for lhe corretnrclion rnatedal occured in lhe United States. Tle Buy America preference only applies to articles, materials. and supplies that are consumed in, incorporated lnto, or afiixed to an infiastructure prcject, As such, it (bes not apply to toolq equiprirerrt, and supplies, sr.rch as iemporary scafFolcling, btought to the construrlion site and renpved at or before the completion oi lhe lnfrastrmiure pioJecl. Nor does a Buy Arnerid'prefgrence apply to equipment andfurrishirBo, srch as morabla chairs, desks, and portable bmputerequipment, lirat are used at or within the flnished infrastructure project, hlt are not an lntegral part of the struclure or fonnanenliy afiixed to the infrastructure project Watvqs When necessary, reoipients nny apply for, and the agency rnay grant, a waiver from these requirements. (a).fuifl the federal a99ncy las rnade a determlnation that o1n of the followlrg exceptiors appieq the awarding oficlal rnay waive the appllcation of the donestic content proq:remer[ prelerence tn arry cJse in rirnicn tnb'agency determines that:(]) aeRlVing tne domestic content procurernent preference would be inconsistentwith the puuic interest; _(2) the types of iron, steel..nnnufaolured prodrrcts, or construction materials are not produced in the United States in suflictent and rasonably available quantiiles or ol a satisfactory quality; or {3} the indusion of iron, steel, manufactured prodr.rcts, or corFtflJction rnaterials prodmed in the Unlted States wlll lrprease the cost of the werall projec't by more than 25 percent. I rgqugst to waive -the application of the domestic content procurement prefererrce mr.rst be in writir€. The agency will prwide instructions on the format, content$, and supportirg rnalerials reguired for any waiver request. V1laVJr reqrcits "re sutiJect topubllc commer{ periods of no less than 15 days and rnt8t be reviewed by the OMB Made in Anrerica office. DHS.FEMA.HSGP.SHSP-FY22 PageS2ot 44 Kittitas Coung, E23-1 10 Federal Emergency M anagemenl (FEMA), existirg components, please contaci the appllcable DHS FAO To see wlpther a partlcular DHS federal financial assista For awards by other DHS nce program is considered an infrastruc,ture program ard lhus required to inclu& a America preferenc€, please either contacl the applicable DHS FAO, or tor FEMA awarcb, please see There may be instanes where an award qualifres, in whole or in parl for an existing waiver descnbed. For awards by the waivers are available and the waiver process is described at ArtIcIe XXXVI.SAFECOM Recipieds receiving federal fnancial assistance awarG made under programs that provide emergency communicatbn equipnnnt and its related actvities mu$t comply with lhe SAFECOM Guidance for Ehergency Colmmrinication Granb,inclding provisions on techn"cal standards that ensure and enhance interoperable comiunications. Artlcle XXXVII - Terrorbt Flnanclng Recipients mrst comply wilh E,o. 13224 and U.S. laws thal prohibit transacttons with, and lhe provisiors of resources and support to, individuals and organizations associated with terrorism. Recipients are legally respinsiqe to ensure compl6rre with the Order and lars. Arffcle XXXVlll . Trailtcklng Vhtms protecilon Ac{ ot 20OO (Tl/pA) Traflicking in Persons leclpientl ryst comply w.$ the reguirenents of the governnent-wi<ts financial assisarrce award term which impements $ection 106 (g) of the TrafficlurB Victims Protection Act of 2000 OVPA), codified as anBnded at 22 U S.C, sectiin 7104 The award term ls located al 2 G,F.R. section 175.15, the full text of whicfr is lncorporated here by referenco. Artlcle XXXIX. Unlversal ldentfter and System of Amrd lUanagement Requiremenb for$lstem for Award Manag€ment and Unique Entity ldentifier Recipients are requrred to comply with therequirencnts set forth in the governnent-wi@ finanoial assistance award term regardtng tlp Syitem for Awaid Manapmentard Universal l(hntifier Requtremerrts located at 2 C,F.R. Patlz', Appendix n, tfre tutt text of which is inoorporated hJre byrelererre. ATflCIE XL . USA PATRPT AGT O' 2@t Recipients must comply wih requirernents of Sec{ion 817 of the Uniting and Strergthenirg A,nrerica by providing Appropriate ToolsRequired to lntercept and Obstruct Tenorism Act of 2001 (UsA PATRIOT ncty, *nion amends 1'S U.S.c. sections 175-175c. Article XLI . Use of DHS Seal, Logo and Ftags Re.ciplents must obtain permission from tl€ir DHS FAO prior to usirg lhe DHS seal(s), logos, crests or reproducliors cf llags or likenesses of DllS agency-ofllclals, including rse of lhe United Stites Coast Guard-seil, hgo, crests or reproductions oiflags or likenesses ot Coast Guard oflichls Artcle XLll -Wrlstleblorr€r Protecfion Ac{ T991.ry$s must comply wih the statutory rcqurrements for whisteblower protecuons (if applicaue) at 10 U.$.c sect,on 24(xt,41 u s.c. seclion 4712, aM 10 u s c. section 2324, 41u,s c. sections 4304 and 4310. Article XLlll - Envlronmental plannlng and Hletorlc preservatlon (EHpf Revlw DHS/FEMA funded aclivities that rnay require an Environmenhl Plarnrrg and Historic preservation (EHp) revier,,r are sutrject to the FEMA EHP review process. This review does not address all fedeial, sliale, and looal requirements. Acceptance of ' lederal funding requires the recipert to complywith all federat, state, and local laws. !l!!feUe is requ;red to oontl$lmt potential impacts to natural and o.rttr"ral re€ources of all projecb funded by DHS/FEMA grant funds, through lts EHP reviarr pocess* as rnandated by: the Natiorul Environrnenthl Folicy Ac.t, National Hstoric Preservation Act of 1966, as amerded; Nalional Flood lnsurance Rogram reguhtions; and arry other applicaOte laws and executive ordes To access the FEMA EHP sffeenlng form ard instrrrctions, gro to the DHS/FEMR weusite. ln order to OHS.F EMA-HSGP-SHSP-FY22 Page 33 of 44 Kitlitas County, E2l1 1 6 lndlate EHP revew of your projec-t(s). you must complete all relevanl sections of th,s form and subrnit it to the Grant prografis Directorate (GPD) along with all other pertirent prqeol infornntion. The EHP revtew process mrsl be oomfleted before funds are released to carry out the proposed proJeot; othenrvlse, DHS/FEMA may not be aHe lo ftnd tfre pioject due to noncomplrance with EHP laws, exeo.ilive orders, regulations, and policies. lf ground drsturHng actlvities occur durirp construc'lion, applicant will monitor grouncl disturbance, and if arry potential archeological resources are discovered tle apptoant will lmmediately cease work in that area ani nogff thd lbss-througher*ity, if applicable, and DHS/FEMA Artlcle xLlv - Appllcablllty of DHs gtgndard rerms and condlflons to Trlbes The DHS Standard Terms arrd Conditions are a restatement of general requirenerts imposed upon reclpler*s ancl 1ow down to subrecipients as a matter of law, regulation, or executrue ordel. lf the requirement Oois not aipy to truian tribes or lheres a tederal law or regulation exempting its application to lndian tribes, then the acceptance OV flifis of, or acqutescence to, DHS Standard Terms ard Conditions does not change or alter its inapplicatility to an lndiin trlbe The executbn of grant documenb is not intended to oharEe, alter, arnen4 or lmpose additionai liabitity oi responstbility upon ttn Tribe where tt does not already exist Aillcle XLV - Acceptance ot post A*Erd Changes ln the ryent FEMA determines that charges are necessary to the award docunBrt after an award lts been made, including changes toperiod of perfonnance oltenns and conditions, recipients will be notilied of the changes ln writing. once notification has been -"dl -a.ry,6_u$equent reques for funds will indicate recipienl accegance-ot ihe cMnfes to trre award. Please call the FEMA/GMD Call Center at (866) 927-564t1 or via e-rnail to nS<-CMogferna.crs.gov ityou have arryquestions Artlcle XLVI - Dlsposltlon of Equlpment Acqulred Under the Federal Arnrd For purposes of orlginal or replacement equpment acquired urder this award by a non-gtate reoiprient or non-state subrecipients, when that equiprrenl is no longer needed for lhe original projec{ ir program or for'ofirer activities currengy orprevtottsly.suppoded by a federal_awardlng aqlcV, you must reqlrcsl instnrctio.ts'from pEUn to make proper dispositionollhe equipnrent pursr.nrt to 2 C.F.R. sec{ion 200.313. Slale recigerts and s{ate urbreciprienb must foitow me disposition requlremenls in accordance with shte laws and procedures. Ar0cle XLVII - PrlorApproval for llodtflca0on otApprovcd Budgd Belore makirg lny clalqe to the FEMA approved br.rdget for ttis award, you must request priorwritten approval from FEMAwhere requlred W 2 C,F R. seotion 2m.309. For p.lrposes of non'construction projects, FEMA ls r.tilizing its drscretion to impose an additional restdotion under 2 C,F.R, secfion 200.308(f) regarding the transfer of funds arnong drect cost categones, pograms, furrclions, or activities Therefore, for_aw_ards with an apprwed budget where the federal 6hare is greater fran the itm-pineO'acquisition ttveshoH (cunenily $250'000), you may not transfer funds anong direct cost categones, programs, func{ionr, or iotivities witr'ror.rt prior writt6n approval from FEMA where the cumulatrve amount of suoh tarpfers exceeds or is expected lo exceed ten percenl (10%) ofthe total budget FEMA last approved For purposes of au/ard6 that support both construclion and non-constnrction r,vor[ FEMA is utilizing its disorefion under 2c F-R sectlon 200 308(hX5) to require the recipient to obtain prior written approvat from FEMA befire makrng arry fund or budget transfers belween the iwo lypes of work y9., Tust report any d€viations from your FEMA approved budget in the lirst Federal Financial Report (SF-42s) you submitfolloving arry bulget deviation, regnrdlessof whetler the hJ{at deviation requires priorwritten afprwaf. ArUcle XLVlll .lndlrect Cost Rate 2 C.F R- secton 2@"211(bX15) requlres the terms of the award to include the indirec't oost rate for lhe federal award. lf applioable, the indirect cost rale for this award is sbted in the budget docunents or other materials approved by FEMA andlncluded in tle award file. Arflcle XLIX. HSCP Performance Goal DHS-FEMA-HSGP-SHSP.FY22 Page 34 of44 Kilt'tas County, E23-1 1 6 ln addition to the Biannual Shategy lmpementatiorl R€port (BSIR) submrsston requirernerrts outlired in the preparedness Grants Manual, recipients musl demonstrate hor the giant-iundei projed addresiedthe core capabllity gap associateo wrlhthis prqjecl and identilied in the Threat and Hazard UJntification anb Risf essissment OHIRA) or stakeholder prepareclness Revi€w (SPR) or sustains existing capabil'ties as applicable. The capatflity gap reduction musi be addressed in the RojsctDescriptron of the BSIR for each project Ar0cle L - Operatlon Stonegarden program Hold The tecipent ts proh;blted from drawlng down OPSG fundirg under tlfs award or reimbursing OpSG subrecippnts of this rylqYltl each unique, speciftc, or_rnodtlgd comty lwel, tiibal or equlvalent operatrons oider or Fragmenbry order(:RAGO) has been reviewed by FEMA/GPD and CuSomsand Bor&i Rotectron^JnrtedStates gorder'patrol (CBPAJSBP) The reci5ient will reoele the offioal notificailon of approval fiom FEMA/GpD Ardcle Ll . OPSG Ptogram Perfonnance Goal ln addition to the Biannual Slrategy lmplenentaton Report (BSIR) submission requirements ouflined in the preparedness Grants Manual, recip-ierts mstggntorFtral_e to* !!" giant-iundei projeot addresied tne mr" "afUility gap assooiated withthis proiect and identified in the Threat and Hazard lderrtrfrcatron anb R:isk Assessment (THIRA) or Srarbfi,rcer preparedness Revte\,v (SPR) or suslains exlsltrg capadlities qs applicaHe, Tte capatilrty gap reduction or capetifity smtainrnent mr.Et beaddressed rn the ProJec-t Descnsron of tfre BSIR for each project. BU9GET COSTCATEGORIES Personnel Frlnge Benefits Travel Equipment Supplies Contractual Constnrtion lndirect Charges Other $552,103.@ $201,510.00 $9,665.00 $0"00 $8.2t46.00 $13,@8,663.00 $o 00 $104,954.00 $0 00 DHS-F EMA-HSGP-SH SP-FY22 Page 35 of44 Kittitas County, E23-1 16 9![qg!P::y:rll*Award/Anenilnril 6. RECIPIENTNAME AND 7" ISSUING FEMA OFFICE AII{DADDRESS ADDRESS WeehrngtonMhury FEIIA GPDneparmcot 400 C Srcct, SVL 3rd Boor Buildrqg 20 Washrngtoq DC 2M"lZ-3645 CropMnrray, WA'98430 - FOC" 866-927-5ffi 5t22 8. PAYI\,TENT OFFICE A}TD ADDRESS FEIVIA Frnancc Ccnts 430 ldarto Srcct WrncDrstcr. VA226O3 14. PERFORMANCEPERIOD Frou: osnlno?2 Budgrt Pcriod oqrunoz.08rJ12025 la AGREEMENTNO E!vfC/-2022-SS-m056s0 I 2. AMENDMEI{TNO.7. RECIPIENT NO. N/4, PRIOR TOTAL AWARD 4 TYPEOFACTION AWARD 5 CONTROLNO wx04579N2022T. wx04583N2022T, wx04580M0227 To: 08,31n025 taa PHONENO 2535127472 9. NAI\4EOFRECIPIENT PROJECTOFFICER CnilCran TO. NAIT,IE OF FEMA PRO,ECT COORDINATOR Ccatral Schcduling ad Infosnatior lhsk Phoe: 800-368-6{98 Fmeil; [5f,6id@{gs.g6y I 3- ASSISTAME ARRANGEI\,IENT Cost Rrimbur$eomt II, EFFECTTVEDATE OF THISAGNON 09n2n022 PROGRAM NAME ACROIIYIVi CFDANO. t2" METHOD OF PAYMENT PARS ACCOUNTINGDATA (ACCSCT3DE) )ooo(-too(-)ooooo(- )oooo(-tooo(-)ooo(-x I', DESCRIPTION OF ACTION a. (Inrl.q516 5-6tot data for awards sr f,mtriat chrnges) AMOIJNT ASTARDED T}IIS ACUON +oR() 16,190.94? 00 CI,RRENT TOTAL AWARD CITMULA*TTIIENoN- FMERALCOMMITMET.IT Ilmlad SccoutyGnot Progru Ifmtrd S.clrityGrel Progrl'n I{mrbod SccurityCtuf nrogrrl n6t vI057 yt.w, 1022-FA{Ct0t -P{l&,{l0t-D ztn-E A-Crf,rOz-Y llG -{ l0 l .D 2022-rAG0l-P1r0 4t0r-D to.00 16,1909r? qr $0,00 i1,164.{n.00 tt,it{t4,400.m t0.00 16350.fl0.00 t6,250,000.00 SdToblr Sc. Totrk SG. Tohli 10.00 31510597.00 sr3r0+r{?.00 t0.00 b. To dcscribe changcs lt/A othcr thao fimdug data s fiuccial changcs, anact scte&rlc and chct b.r.. 16 a. FoRNON-DISASTER PRoGRAMS: RECIPIENT Is REQLIIRED To SIGN AND RET|TRN TITREE (3) COpIEs oF THISDOCUMENTTO FEII{A (Scc Blocl 7 fuaddrcss) Homeleod Sccurity Crraat Program reoqimrs are rct roquircd to silp end 166111 copies of rh,c documea1. However, rccrpcag shouldprint aod lccp a copry ofrhi. docuucat fc their rccords.lft. FOR DISASTER PROGRAIViS: RECIpIENT IS NOT REeUIRED TO SrcT{ This acsislatrcc is subjccr to Etms md coaditions rttaihcd ro r$ir awrd aotice u by incorporarcd refrrcocc io prograo lcgislarioa citcd above. I 7. RECIPIETIT SI6.I{ATORY OWCIAL (Namc ad Tirte) GadCrm,DAIE SuaScp 1801,22:54GMT 2022 DATE Fri Sep 02 19:56:50 GMT 2422 18. FEMA SIGNATORY OFFICIAL (Namc ad Titte) DHS.FEMA"HSGP-SHSP-FY22 Page 36 of44 Kiftitas County, E23-1 16 ?*l-s *"lU-- Ar*r&r3l*tudrr!lJffik PAMELA SUSAN WILLIAMS, DHS-FEMA-HSGP.SHSP-FY22 Page 37 of44 Kittitas Coun g, E23-1 16 22SHSP I nvestment J ustification Washington t9 comprised of 39 coun ties wt th Seog raphy including forests,mountai DS,islands,rainforests,rivers,lakes,and plains. The u s.Bureau of Economic Analysis ranked Washington I of 50 states for Sross d om estic p roduct ln 2 021;several world-cla s5 organizations hea dquarter their operations with tn the state Wash ington has marine,avia tion,rail,and foa d transportation nfra structufe to support its position as a bustl tng trade center Over ha tf of Wash ingtonts 7 .7 7 mill ton population lives tn the Seaftl e metropolita n area located a long the Puget Sou nd.Th t5 area ls the center of transportation,business,and lndustry an d t5 the fastest growi n8 region in the st3te.A vast rnajority of the state's population lives tn densely settled urban ized areas, Und erstanding Was hington's population t5 critica tn order to mitigate vuln erabi lities,resp ond to incid ents,a nd effective ly concentrate recovery efforts Furthermore, Washington is subject to l0 natural and 7 human-caused hazards. The THIRA focuses on eight of those risks: cyber- attack, earthquake, explosive devices {terrorism}, flood, hazmat release (radiological), pandemic- human {biological), tsunami, and wildland fire. The 2022 washinglon state Risk Profile scored the state's relative risk as 8.77, ranking it as ihe 12th hlghest at-risk state. Washington State has consistently had a high relative risk score {ranked in the top 25% of states for the past seven years) and must be prepared to preven! respond to, mitigate, and recover from acts of terrorisrn. The FY22 projects were selected to build upon or sustain a range of Core Capabilities identified in the 2021 SpR as having significant gaps as well as to support the six National Priority Areas. The investments support the planning, Organization, Equipment, Tralning, and Exercise solution areas with a focus in the following Core Capabilities; Access Control & ldentity Verification; Community Resilience; C.ritical Transportation; Cybersecurity; Forensics & Attributlon; lnfrastructure Systems;lnterdiction & Disruption; Logistics & Supply Chain Management; Mass Care Services; Mass Search & Rescue Operations; On-Scene Security, Protection, & Law Enforcement; Operational Communications; operational Coordination; physical protective Measures; Planning; Public Health, Healthcare, & Emergency Medical Services; Public lnformation & Warning; Screening, Search, & Detection; Situational Assessment; and Supply Chain lntegrity & Security. Reglon 7 terrorbt targets include: Energy Producing Dams Large Crowds During Events Access Control to Critical lnfrastructur€ Transportation Corridors Agro-Terrorism Attachment D-l DHS.FEMA-HSGP-SHSP-FY22 Page 38 of44 Kittitas Coung, E2$1 16 SUBPROJECIfI So.oo Regional TRT (SWAT) Training & Equipment 518,997.00 Attachment D.2 So.oo $23,ggz.oo z2SHSP ENDURING NEEDS SUBPROJECTS WORK PLAN Klttitas lnvestment fll: WA SHSP Sustalnment ENDURING NEEDS AMOUNT $30,791 The State is divided into 9 Regions which differ in geography (marlne to desert), major industry (large business to agricultural), andpopulation (dense urban settings to rural|. Each region develops projects to address their specific risks and hazards which sustainpreviously bullt capabilities or close identified gaps. Most initiatives can be tied back to UuiiOing regional capability to prevent,protect, respond, and recover and be in a state of readiness should a natural orhuman-caused catastrophic incident occur. Gaps identifled in: -Community Resilience: Need to lncorporate equity and social justice and access and functional needs -critical Transportation: Transportation needed for the delivery of vltat response personnel, equipment, and services into the affected areas-cybersecurityl Lack of a vulnerabitity analysis, outdated 5ervers and workstations -lnterdiction & Disruption; special teams do nothave access to updated equipment -lnfrastructure systems: Lack of proper network access to link to remote city/county facilities - Mass Care Services: Lack of adequate mass care facilities, lack of local rnass care volunteers and training opportunitles -Mass SARoperations: Need to train responders to the Structural Collapse Tech level, lack of heavy liftins/shoriniand cuttinlbreaching rescue equipment -On-Scene Security, Protection, & [Er Lack of local funding to maintain and replace aging and/or expiringequipment and PPE -operational comms: Geographical challenges and changes in communications techn;ogy hamper thereliability of communications -operational Coord: Lack of regional coordination to prloritize projects, connect partners, and shareproducts -Physical Protective Measures: Lack of surveillance cameras and alarm systems in local jurisdictions -planning: ESF plans are out of date, lack of updated continuity plans -Public lnformation & Warning: Lack of robust public education campaigns, lack ofreliable and consistent messaging -screening, Search, & Detectton Lack of screening and monitoring equipment for large public festivals and events within local jurisdictions -Situational Assessment: Lack of common operating picture and information sharing. EN PROJECT *7: SHSP Reglon 7- Homeland Security project Region 7 will address priorities based on regionally identified gaps. The region ls challenged by persistent capability gaps whichinclude Operational Communications due to aging equipment and infrastructure as well as changes in technology and the inabilityto keep pace; operational Coordination due to a lack of trained county personnel to fill EoC spe;fic positions and a need for €OCequlpment and for an alternate EOC; Mass Search & Rescue Operations due to the lack of a thermal-equipped unmanned aerialsystem (UAS) and additional training for UAS operators; critical Transportation due to the need for an appiopriate vehicle for thedelivery of vital response personnel, equipment, and services lnto affected areas; and lnterdiction & Disruption due to the need forequiprnent and training for Special Teams. To address capability gaps and sustain current capabilities the reEion wlll be investing in planning organization, equipment, andtrainlng. Activities will include Operational Communications: Purchase communications equipment and connect local response agencies on common command and control frequencies, operational Coordination: Sponsor and host training for EmergencyManagement staff, volunteers, and other county personnel and purchase equipment for soc and Eoc satellite operations. MassSearth & Rescue Operations: Purchase a thermal-equipped UAS and accessories for extended operations and train UAS operators. Crltical Transportation: Purchase an all-terrain vehicle for use by law enforcement, emergency management personnel, search andrescue, and Special Teams' Interdiction & Disruption: Purchase equipment for Special Teams and hosi and attend certificationtrainings' The funding priorities wlll support the region in their effort to address ldentified capability gaps wlth terrorist-related risks, which will enhance the Region's ability to detect identify, interdict, and recover from a terorisi attack, EN & ST/CP, lts, DVE, &Interdlction & or Enhanclng?Enhancing Operatlonal Coordination (EN & All Susta or Enhancing CONECAPAE'UTIES Core Capability trl Core Capability f2 {optional) PLANNING TRAINING EXERCISEORGANIZATION TOTAL SOLUTION AREAS EqUIPMENT DHS-FEMA-HSGP.SHSP. FY22 $o.oo Page 39 of ,14 $s,ooo.oo Kiltitas county, E23-110 6AP(S) tDENTtFtED First responders, law enforcement, and special teams in Kittitas County do not have access to updated equipment which createsunsafe, ineffective working conditions and could lead to poor outcomes for residents. (SpR pC. Oa). ACT'WTI ES TO BE PERFO RME D - Purchase CBRNE masks, heavy ballistic vests and helmets, and entry tools - Host or attend SWAT trainint course ASSOC,ATED DEUVEf.ASLES/OUTIUTS (t MMEDTATE) With the purchase of new equipment, the Regional tactical team will be better equipped and trained to interdict terrorist activities,The CBRNE masks will enhance the capabilities of the team to respond in CBRNE environments, shielded with up-to-date ballisticprotection and trained in new tactics. DES,R ED OUTCO MES (iNTERM EDTATE AND LON6-TERM) The CBRNE masks and modern ballistic protection, technology, and training will allow tactlcal operators to be more effective in thefuture to conduct high-risk operations. NEXUSTOTERf,ORISM The Regional Tactical Response Team (TRTI {SWAT) is the highly trained unit that will interdict terrorist activities, With the rise ofdomestic terrorism, the specialized team will be better equipped to conduct warrant services and other high-risk activities. suEPROrECr#2 Stardge Unit Rental & All NPAs)Coordination Sustainlng or CORE CAPABILII'ES Core Capability f 1 PLANNING ORGANIZATION TRAINING EXERCISE TOTAI- SOLUTION AREAS EQUIPMENT lack of storage for cache of response equipment (SpR 130) ACNWNESTO 8E PERFORMED Pay the rental fees associated with the storage unit behind the sheriff's office. ASSOCIATED DELIVERASLES/OUIPUTS ('MMEDIATE) The weatherproof storage unit will allow for the safe storage of tactical equipment, the mobile command post, emergency response equipmenL disaster response supplles, etc. DES,nED OUTCOMES (iNTERM EDTATE AND LONG-TEP.M) Equipment will be in working condition and ready tor use in a response to any emergency to include a terrorist lncident. NEXUSTOTERRON$M The county's mobile command post that would respond to any terrorlsm threat is stored inside the storage unit. 5o.m $o.oo $6,rt8o,oos6,480.00 $o.oo$o'oo 6AP(S) tDENTtFtED DHS-FEMA.HSGP.SHSP-FY22 Page 40 of44 Kitlitas Coung, E23-1 16 z2SHSP NATIONAT PRIORIW AREA PROJECTS WORK PTAN Klttttos AMOUNT ln assessing the natlonal risk profile for FY 2O22, six priority areas attracted the most concern. Due to the unique threats that thenation faces in2022, DHS/FEMA has determined that these six priorities should be addressed by both allocating specificpercentages of H56P funding to certain areas as well as allocating the remaining percentage across the remaining priorities, Thefollorving are the six priority area s for Fy 2022: l) Enhancing the protection of soft targets/crowded places (ST/Cp) 2) Enhancing information and intelligence sharing and analysis (llS! 3) Combating domestic vlolent extrernism (DVE) 4) Enhancing cybersecurity (CSf 5) Enhancing community preparedness and resilience (Cp&R) 6) Enhancing election security (ES) Washington State will meet the 22SHSP priorities across multiple state and local projects. National Priority Areas wA sHsP National Prlority: community preparedness and Resllience community orSanizations are the backbone of civic life and therefore, rnust have the capabilities to withstand acts of terrorism and provide essential services, especially to members of underserved communities, in the aftermath of an attack. Focus onequlty and lnvesting in strategies that meet the needs of underserved communities willstrengthen the whole of community system of emertencY management. The whole community includes children; older adults; individuals with disabitities, andothers with access and functional needs; those from religious, racial, and ethnically diverse backgrounds; and people with limlted English proficiency. Additionally, equity in emergency management requires proactively prioritizing actions that reinforcecultural competency, accessibility, and inclusion, as well as reflect the historical context of specificlroups of people. As communicated in 2021state SPR, the community Preparedness & Resilience (Cp&R) capability gaps that will be addressed are: -Public lnforrnation & Warningr a need to establish a process for promptly distributing emergency communications in theidentified top languages; a need for an updated unified public education strategy to include better coordinated public messagingprocedures, policies, and training; and a lack of clarity regarding who wlll be lssulng messages and how quickly they will provide accurate and reliable statements to the public; -Operatlonal coordination: Staff turnover has created gaps in training and a needfor integrated trainlng and exercises between emergency response agencies, healthcare providers, thJ private sector, and thecomrnunity to facilitate unified command operations; -€ommunlty Resilience: Large segments of the population (individuals, families, communities, organizations) that have the ability to become prepared have not been motivated/interested in taking actlon to prepare for emergencies and more trained votunteers are needed (community Resilience gaps are derived from the2021 Seattle UASI SPR, which rolls up within the State SPR.f; and -loglstlcs & Supply Chain Managemenl Most jurisdictions needdeveloped plans for maintaining and restoring the supply chain after a natural tenorist, or biological event. Through a collaborative ranking and selection process, Washington State has identified sweral key projects within this lnvestment to address gaps and sustain/enhance core capablllties dlrectly related to the Cp&R National priority Area. lnvestment f6: (EN & All NPAs)Public lnformation &Warning Sustaining or En hancing?Sustoinlng Operational Coordination (EN & All NPAs) Sustalning or Enhancing?Enhancing PROJECTSl NP CP&R Regionol puhtic Atett and Warnlng System (lnvestment 6,Project 5) NATIONAL PilAilTY AREA Community Preparedness & Resilience EREF P NO' ECT D ESC R' PT//ON Public Warning System for Region 7. Chelan, Douglas, Grant, Kittitas, Okanogan, and the Colville Trlbe. CORECAPABIUTIES Core Capability #1 Attachment D.3 DHS.FEMA-HSGP-SHSP-FY22 PaW 41 ol 44 Core Capability #2 (optional) Kittitas County, E23-1 16 PLANNING SOIUTION AREAS ORGANIZATION EqUIPMENT TRAINING EXERCISE TOTAT $o.oo GAP(S) 'DENNHED $20,0e4.00 $o,oo So.oo s0.00 S2o,o94.oo '"The region lacks a unified plan to summarize and interpret public emergency communications on government response,community preparedness, pandemics, and other relevant emergency messages for all 13 identified llnguages. this has acascading effect on reaching a broader demographic, causing information delays when time is critical.,i(spR page Zol- "The basic Emergency Alert and Warning System isn't able to notify specific, targeted areas or transient populations within thecounty' Extra functionality and access to IPAWS is critical. There ls a need to establish a process for promptly distributing em€rg€ncy communications in multiple languages throughout the county in a timely manner so individuals can take appropriateaction during an emergency." - The vast different geographic terrain in Region 7 makes emergent public notification impossible without a mass alert andwarning system- Region 7 is susceptible to natural disasters, domestic terrorist threats, and criminal activity; a sustained massnotification system is a critical gap for the communities. ACiIVIIIES TO BE FERFORMED Renew annual Emergency Alert and Warning System contracts for 2023 COIIABORATION This is a regional project that will benefit all of the Region 7 communities. ASSOCT ATED DELTVERABLES/OUTq UTS (TMMEDLATE) This project will allow all of Region 7 to have the ability to quickly and effectively notify the public of threats or hazards in rhearea' The alert system is also the conduit to IPAWS. The systems can also provide Operational Coordination through thenotification to key first responders such as law enforcement, fire personnel, mayors, commissioners, emergency dispatch, andutllities. DESi R ED OUTCO MES ([NTERN/, ED/,ATE AND LONG -TE RM) The Region 7 Public Alert and Warning project will sustain the ability to alert the communlty of dangers and what to do toremain safe. This system is the conduit to communicate with a vast area of the Region through one rapid mechanism. The systemwill also help translate emergency messaging into other languages to assist limit English proficiency populations to remain safe. NEXUS TO TERNAR'SM AND NPA This proiect has the ability to quickly warn or alert the population of any threats or dangers from foreign or domestic acts oftenorism. The Emergency Alert and warning System will enable the messaging to give out current information, tell people whatto do to be safe, where to go to be safe, and/or what dangers to look out for. DHS,FEMA.HSGP-SHSP-FY22 Page 42 ot 44 Kittitas County, E2$1 16 Sustoln m ent SubproJea(s) SUBPROJECT #1 SUBPROJECT#2 Reglonal TRT (SWAT) Tratnlng & Equlpment Storage Unlt Rental M&A 22SHSP Budget Kittitas County Sheriffs Affice AGREEMENTAMOUNT LETPA PEBsON,VEI. M&A Attachment E $50,885 AMOUNT 929,008.00 57% of the ogreement totol $314'm X.% of the ogreement totol $grq'oo 1% of the dgreement total AMOUNT $23,997,00 $6,tl8o.oo 9rrq.oo $30,791.00 $o.oo $ro,zgr.oo AMOUNT $2O,094.00 90.00 $20,094.00 $o.oo $20,094.00 SUBTOTAL INDIRECT TOnAL r .- -.,: -'-':-1 :.....-jr:;a '::: .:: -r ,:::::rrri'='"''i: :., 'jr Notlonal Prlorlty Area Prolect(sl PRoJEcr fll llP cP&R Regional publlc Alert and warntng system (lnvestment 6, prorect 5l M&A SUaTOTAL INDIRECT TOIAL DHS-FEMA-HS GP-SHSP-FY22 Page 43 of 44 Kittitas County, E2Ll I 6 Attachment F DATE September 1,2022 NLT January 3!,2023 January 2023 April30, 2023 October 31-,2023 April30, 2O24 October 31, 2024 January 31, 2025 March 1Z 2025 Kittitos County Sheriffs Alfice TASK Grant Agreement Start Date Submit proof of completion of Nationwide cybersecurity Review (NcsR) -,vcsR system closes February 28, Z02J Estimated date work scheduled for one or more subprojeas/projects Submit Reimbursement Request and progress Report Submit Reimbursement Request and Progress Report Submit Reimbursement Request and progress Report Submit Reimbursement Request and Progress Report 6rant Agreement End Date Submit Final Reimbursement Request and Closeout Report HSGP Performonce Perlod: September l,2O2Z, to August gL, ZO2S 22SHSP TIMETINE DHS.FEMA-HSGP-SHSP-FY22 Page4r'-ot44 Kittitas County, E23-1 16 SIGNATURE AUTHORIZATION FORM WASHI NGTON STATE MILITARY DEPARTMENT Camp Murray, Washington 98430-5122 P/ease read instructions on re yerse side before completins this form. NAME OF ORGANIZATION Kittitas, The County of DATE SUBMITTED PROJECT DESCRIPTION z2HSGP (SHSP) CONTRACT NUMBER E23-1 16 1. AUTHORIZINGAUTHORIW SIGNATURE PRINT OR TYPE NAME TITLE/TERM OF OFFICE €,{e, fuu,Clay Myers Sheriff lDec22 2, AUTHORIZED TO SIGN CONTRACTS/CONTRACT AMENDMENTS SIGNATURE PRINT OR TY PE NAME TITLE d*y ry3 Clay Myers Sheriff 3. AUTHORIZED TO SIGN REQUESTS FOR REIMBURSEMENT SIGNATURE PRINT OR TYPE NAME TITLE Darren Higashiyama Chief Deputy J,/4 Sharrie McPherson FiscalAnalyst \INAC-IVOL1\HOME\KARENB\....\WP\S|GNAUTH Revised s/09 NAME Kittitas, The County of Doing business as (DBA) Kittitas County ADDRESS 205 W 5th Ave Ste 105 Ellensburg, WA 98926 Appllcable Procurament or Sollcnatlon #, lf any: WA Uniform Business ldentlfier (UBl) 192002673 Federal EmployerTax ldentificalion *: 91-6001349 Thb caillllcatlon ls submltted as oart ol a r€qusst lo contracl. Washington M ilitary Department Contract N umber:ff Debarment, Suspension, lneligibility or Voluntary Exclusion Certification Form lnstructions For Certification Regardlng Debarment, Suspenslon, lnellglbility and Voluntary Exclusion-'Lower Tier Govered Transactions READ CAREFULLY BEFORE SIGNING THE CERTIFICATION. Federal regulatlons require contractors and bldderc to sign and abide by the torms of this csrtlflcetlon, without modiflcatlon, ln order to partlclpate ln certaln traneactlons dlrectly federal funds 1. By signing and submifting this proposal, the prospective lower tier participant is providing the cefiification set out below 2. The cerlification in lhis clause is a material reprasentation of fact upon which relianoe was placed when this transaction was entered into. lf it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addtion to other remedies available to the FederalGovernment the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier parlicipant shall provide immediate written notice to lhe department, institution or office to which this proposal is submifted if at any time the prospective lower tier participant learns that its certification was arroneous when submitted or had become erroneous by reason of changed circumstances. 4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, pelson, primary covered transaction, prineipal, proposal, and voluntarily excluded, as used in this clause, have the meaning sel out in lhe Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulatbns. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under the applicable CFR, debarred, suspended, declared ineligible, or volunlarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.6. The prospective lower tier participanl further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, lneligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modificaiion, in all lower tier covered transactions and in all solicilations for lower tier covered lransaclions. 7, A participant in a covered transaclion may rely upon a certification of a prospective parlicipant in a lower tier covered transaction that it is not proposed for debarment under applicable CFR, debarred, suspended, ineligible, or voluntarily excluded from covered transactions, unless it knows that the certification is enoneous. A participant may decide the method and frequency by which il determines the eligibility of its pdncipals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Non-procurement Programs. 8. Nolhing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the cerlificaiion required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent per$on in the ordinary course of business activity' 9. Except for transactions authorized under paragraph 5 of these inslructions, if a participant in a covered transaction knowingly enters into a lower tier covered traniaction wilh a person who is proposed for debarment under applicable CFR, suspended, debarred, ineligible, or voluntarily excluded from participalion in this transaction, in addition to other remedies available to the Federal Government, the department or agency wifr which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regardlng Debarment, Suspenslon, lneligibillty and Voluntary Exclusion-Lower Tier Govered Transactions The prospective lower tier participant certifies, by submission of this proposal or contract, that neither it nor lts prlncipals ls presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarlly excluded from particlpation ln this transaction by any Federal department or agency. Where the prospective lower tier particlpant irs unable to ceilify to any of the statements in thls certiflcatlon, such prospectlve participant shall attach an explanation to this form. Bidder or Contraclor Signature: >Print Name and Title: Date:7