HomeMy WebLinkAboutAcknowledgement3. Grant Agreement Number:
E26-254
2. Grant Agreement Amount:
$2,000
1. Subrecipient Name and Address:
Kittitas, County of
Sheriff's Office
307 West Umptanum Road
Ellensburs, WA 98926-6720
6. Grant Agreement End Date:
September 30, 2026
5. Grant Agreement Start Date:
January 1,2026
Contact, phone/email
Darren Higashiyama, 509-933-8206
darren.higash
4. Subrecipient
kittitas.wa.us
9. UBI # (state revenue):
192-002-673
8. Unique Entity ldentifier (UEl):
WQ23XPBSAU44
7. Department Contact, phone/email:
Deborah Henderson, 253-51 2-7 47 0
deborah.henderson@mil.wa.gov
10. Funding Authority:
the U.S. Department of Homeland Sec (DHS)Washinqton State Military Department "DEPARTMENT,,) ANd
13. Assistance Listings # & Title
97.042 (24EMPG)
12. Federal Award Date
91912024
1 1. Federal Award lD # (FAIN)
EMS-2024-EP-05000
16. EIN:
91 -6001
15. Program lndex # & OBJiSUB-OBJ
743PT NZ
14. Total Federal Amount:
$6.821.397
1 9. Women/MinoritY-Owned, State
Certified: Xruin nNO
OMWBE #
18. Service Area by CountY(ies):
Kittitas
17. Service Districts:
(BY LEGISLATIVE DISTRICT): 13
(BY CONGRESSIONAL DISTRICT): 8
21. Contract Type (check all that apply):
E Contract X Grant
overnmental 34
X Agreement20. Ag
tr
reement Classification:
Personal Services n Ctient Services X Public/Local Gov't
tr nte tl
23. Subrecipient Type (check all that apply):
n Private Organization/lndividual
X puOtlc Organization/Jurisdictionn corurRncron X suBREclPlEN
n For-Profitn Non-Profit
T N OTHER
22. Subrecipient Selection Process:
X .to allwho apply & qualify" n Competitive Bidding
n sole source [] n"re Rcw tr t'tlR
E riteo w/oFM? n Advertised? D YES n ruo
24. PURPOSE & DESCRIPTION:
The purpose of the Fiscal year (Fy) 2024 Emergency Management Performance Grant (24EMPG) program is to provide U.S.
Department of Homeland Security (OnSyfeOeril Emergency Management Agency (FEMA) Federal award funds to states to
assist state, tocal, territorial, and tiibal governments ii preparing ior all hazards through sustainment and enhancement of
those programs as described in the Work Plan.
of the 24EMPG DHS Award Letter for Grant No. EMS-2024-EP-05000
Attachment G and has made a subaward of Federal award funds toThe Department is the Recipient and Pass-through Entity
, which is incorporated in and attached hereto as("Grant")
is accountable to the Department for use of Federal award fundsant to this Agreement. The Subrecipientthe Subrecipient pursu
funds.orovided under this Aqreement and the
other documents expressly referenced and incorporated herein contain all the terms
hts and obligations of the parties to this Agreement. No other understandings,
of this Agreement, including all referencednd Subrecipient acknowledge and accept the termslN WTNESS WHEREOF, the DePartment a
Agreement as of the date below. Thisrated in and made a part hereof, and have executed thisAttachments which are hereby incorpo
(Attachment B); 24EMPG Award LetterConditions (Attachment A); General Terms and ConditionsAgreement Face Sheet; Special Terms &
(Attachment F); Build America, BuYttachment D); Timeline (Attachment E); BudgetEMS-2024-EP-05000 (Attachment C); Work Plan (A
America Act Self-Certification (Attachment G); and all
and conditions agreed upon by the parties and govern the rig
to exist or to bind anv of the parties heretoAoreement shall be deemedo the subiect matter of thisoral or otherwise,
provided herein, the inconsistency shall be resolved by givingln the event of an inconsistency in this Agreement, unless otherwise
lowi order:thein fol ngprecedence
andTerms itionsGond4ationsSpeciStateandndStatutes1bletcaFederalRegulAppl
anTermsCoandGeneranditions,d,5ddramntsocume2.ADHS/FEMA rdwa an prog
ncotheofreementOtherrovtstons6andrkWoPla3.reference
Washington State Military Department
BOILERPLATE APPROVED AS TO FORM:
Dierk Meierbachtol JulY 12,2024
Assistant AttorneY General
ENT:(p
DateDate
Office
):
v ,8
Sign
have executed this Agreement on the day and year last specified below
Kittitas
WHEREAS, the Pa
FOR
Seth Nickerson, Chief Financial Officer
FOR THE SUBRECIPIENT:
Clay Myers, Sheriff
AP
Washington State Military Department
EMERGENCY MANAG EMENT PERFORMANCE GRANT AGREE MENT FACE SHEET
DHS-FEMA-EMPG-FY24 Page 1 of 44 Kittitas County, E25-254
Attachment A
ARTICLE I. KEY PERSONNEL
The individuals listed below shall be considered.key personnelfor point.of contact under this Agreement' Any
substitution of key personnet by either p"rtilriJr'i6 'iJoJov *ritteii notitication to the current key personnel'
SPECIAL TERMS AND CONDITIONS
DEPARTMENTSUBRECIPIENT
ARTICLE II. ADMINISTMTIVE AND/OR FINANCIAL REQUIREMENTS
The subrecipient shall comply with all
"pbii."or"
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 24EMpG
-progr"rn,
iicluding, but not limited to, all criteria' restrictions, and
requirements of ,,rhe u.S. Department of H6tmetand secuity (DHS)_Notice of Funding opportunity (NoFo)
Fiscat year 2024 Emergency Management Performance Grant Program" (hereafter "the NoFo"), the
preparedne.ss Granfs Maiuat,'Fw-207'{3-ooot nprit 2024 (hereafter "thd Manual"), the DHS Award Letter for
the Grant, and the federal regulations commonly applicable io DHS/FEMA grants, all of which are incorporated
herein by reference. The OH-S Award Letteris incorporated in this Agreement as Attachment C'
The subrecipient acknowledges that since this Agreement involves federal award funding, the performance
period may begin prior to thiavailabilitv oi rppropii"t"d federal funds. The subrecipient agrees that it will not
hold the Department, the state of wa.t'tingion, or ttre United states liable for any damages, claim for
reimbursement, or any type of payment whitsoever for services performed under this Agreement prior to
distribution or
"ppropiilted
teoerit ilnos, or if federal funds are not appropriated or in a particular amount'
A. STATEAruOTEOERALREQUIREMENTSFORDHS/FEMAPREPAREDNESSGRANTS:
The following requirements "pprv
io all DHS/FEMA Preparedness Grants administered by the
Department.
1. SUBAWARDS & CONTRACTS BY SUBRECIPIENT
a. The Subrecipient must make a case-by-case determination whether each agreement it
makes for the disbursement of 24EMpG funds received under this Agreement casts the
party receiving tneiunds in the role of a subrecipient or contractor in accordance with 2
cFR 200.331.
b. lf the Subrecipient becomes a pass-through entity by making a subaward to a non-federal
entity as its subreciPient:
i. The Subrecipient must comply with allfederal laws and regulations applicable to
pass-tnrough Lntities of 24EMPG funds, including, but not limited to, those
contained in 2 CFR 200.
ii. The Subrecipient shall require its subrecipient(s) to comply with all applicable
state and federal laws, rules, regulations, requirements, and program guidance
identified or referenced in this Agreement and the informational documents
published by DHS/FEMA applicant6 to tfre 24EMPG Program,^inclu9!ng' but not
limited to, ait criteria, restrictions, and requirements of the NOFO' the Manual'
DHS-FEMA-EMpc-FY24 Page 2 of 44 Kittitas Countv' E25-254
Name Debdrah Hend€rsonNameDarren H a
Title rramTitleChief
Email deborah.hende OVil.kittitas.wa.usdarren.hEmail 253-512-7470Phone509-933-8206Phone
Peter DranceNamecName
m ManaPro rTitleSheriffTitle
Email ovil.Email .kittitas.wa.us
Phone 253-5',12-7322P
Nancy ShaffName Name
ch ief Administrative DeTitle
1lOhGV;S haff@es.kittitas.wa-us'
General lnformation
Phone 509-962-7685
2.
the DHS Award Letter for the Grant in Attachment C, and the federal regulations
commonly applicable to DHS/FEMA grants'
iii. The Subrecipient shall be responsible to the Department for ensuring that all
24EMpG federal award funds provided to its subrecipients, and associated
matching funds, are used in accordance with applicable federal and state
statuteslnd regulations, and the terms and conditions of the federal award set
forth in Attachment C of this Agreement'
iv. The Subrecipient must follow their own policies and procedures to eliminate or
reduce the impact of conflicts of interest when making subawards, adhering to
any applicable federal or state statutes or regulations. Any real or potential
conflicts of interest must be reported to the Department in writing upon discovery.
BUDGET, REIMBURSEMENT, AND TIMELINE
a. Within the total Grant Agreement Amount, travel, subcontracts, salaries, benefits' printing,
equipment,
"nO
ott"'";" gioOs and services or other budget categories.will be reimbursed
on an actual cost basiJupon completion unless otherwise provided in this Agreement'
b. The maximum amount of all reimbursement requests permitted to be submitted under this
Agreement, incruiinf the final reimbursement request, is limited to and shall not exceed
the total Grant Agreement Amount.
c. lf the Subrecipient chooses to include indirect costs within the Budget (Attachment F),
additional documentation is required based on the applicable situation. As described in 2
CFR 200.414 and Appendix Vll to 2 CFR 200:
i. lf the Subrecipient receives direct funding from _any Federal agency(ies),
documentation of the rate must be submitted to the Department Key Personnel
Per the following:
A. More than $35 million, the approved indirect cost rate agreement
negotiated with its federal cognizant agency'
B. Less than g35 million, the indirect cost proposal developed in accordance
with Appendix Vll of 2 CFR 200 requirements'
ii. lf the Subrecipient does not receive direct federal funds (i.e., only receives funds
as asubrecipient), the Subrecipient must either elect to charge a de minimis rate
of ten per"ent (1Oo/") or 10o/o oi modified total direct costs or choose to negotiate
a frigrr;r rate ilith the Department. lf the latter is preferred,lhe Subrecipient must
coniact Department Key Personnel to request approval from FEMA per 2CFR
200.102(b)..
d. For travel costs, the subrecipient shall comply with 2 cFR 200.475 and should consult
their internal policies, state rates set pursuant io RCW 43.03.050 and RCW 43'03'060 as
now existing'or amended, and fedeial maximum rates set forth at https://www'qsa'qov,
and follow the most restrictive. lf travel costs exceed set state or federal limits, travel costs
shall not be reimbursed withoui written approval by Department Key Personnel' All
international travel requires prior FEMA approval'
e. Reimbursement requests will include a properly completed St{" A-19 lnvoice Form and
Reimbursement Spreadsheet (in the format provided by the Department) detailing the
expenditures for which reimbursement is sought. Reimbursement requests must be
submitted to Reimbursements@mil.wa.qov no liter than the due dates listed within the
Timeline (Attachment E).
Reimbursement request totals should be commensurate to the time spent processing by
the Subrecipient and the Department'
f . Receipts and/or backup documentation for any approved items that are authorized under
this Agreement must be maintained by the Subrecipient consistent with record retention
DHS-FEMA-EMPG-FY24 Page 3 oI 44 Kittitas CountY, E25'254
o
requirements of this Agreement and be made available upon request by the Department
and auditors.
The Subrecipient must request pg!91 written approval from Department Key.Personnel to
waive or extend a due date in thfri-meline (Atiachment E). Waiving or missing deadlines
serves as an indicator for assessing an agency's level of risk of noncompliance with the
iegutations, requirements, and the terml and conditions of the Agreement and may
increase required monitoring aclivities. For waived or extended reimbursement due dates'
all allowable costs should 5e submitied on the next scheduled reimbursement due date
contained in the Timeline. Any request for a waiver or extension of a due date in the
Timeline will be treated a, a reir""i for Amendment of the Agreement' This request must
be submitted to the Oepartment Key Personnel sufficienjlv in, adva4ce of.the due date
to provide adequate time for Department review and consideration and may be granted or
denied within the Department's sole discretion'
h. All work under this Agreement must end on or before the GrantAgreement End Date, and
n m e time
period notated in the Timeline (Attachment E)except as otherwise authorized by either (1)
written amendment of ihis Agreement or (2) written notificatio n from the DePartment to the
itional ti u
funds are not required, the Subreci pient shall notifY the DePartme Key rson
All costs for equipment and supplies must be incurred, and items received,before the
Grant Agreement End Date.
j. Failure to submit timely, accurate, and complete reports an.d reimbursement requests as
required by this ngr#ment (including, but'not timited to, those reports in the Timeline
(ni'tacrrment g wilipionioit tnL subredipient from being reimbursed until such reports and
reimbursement requests are submitted and the Department has had reasonable time to
conduct its review.
k. Final reimbursement requests will not be approved for payment until the Subrecipient is
.uti"nt with all reporting requirements contained in this Agreement'
l. A written amendment will be required if the Subrecipient expects cumulative.transfers to
approved, direct budget categories, as identified in the Budget (Attachment F.)' to exceed
i# percent (10%) otitre Crait Agreement Amount. Any changes to budget category totals
not in compliance with this paragraph will not be reimbursed without approval from the
Department.
m. subrecipients shail only use federal award funds under this Agreement to supplement
existing'funds and will nbt use them to replace (supplant) non-federal funds that have been
budgeted for the *r" prtpose. The Subrecipieni may be required to demonstrate and
document that a reduction in non-federal resources occurred for reasons other than the
receipt or expected receipt of federal funds'
3. REPORTING
a. With each reimbursement request, the Subrecipient shall report how the expe.nditures, for
which reimbursemlnt ir sought, relate to the Work Plan (Attachment D) activities in the
format provided by the Department-
b. With the final reimbursement request, the Subrecipient shall submitto the Department Key
Personnel a final report (in the format provided by the Department) describing all
completed activities undei this Agreement, status bf training course completion by
individual personnel, how the match was met and documented, and progress made with
NQS implementation.
c. The Subrecipient shall comply with the Federal Funding Accountability and Transparency
Act (FFATA) and related oMB Guidance consistent with puotic Law 109-282 as amended
by section o2o2(ai ot Public Law 110-252(see 3'1 9.S-c 6101 note) and complete and
return to the Department an Audit CertificaiioniFFATA Form. This form is required to be
completed once per calendar year, per subrecipient, and not per agreement' The
DHS-FEMA-EMPG-FY24 Page 4 of 44 Kittitas countv' E25-254
4.
5.
Department's Contracts Office will request the Subrecipient submit an updated form at the
beginning of each calendar year in which the Subrecipient has an active agreement'
d. To document compliance with the National lncident Management System (NIMS)' the
Subrecipient shall complete the annual NIMS survey conducted by Washington
Emergency Management Division (EMD).
NIMS COMPLIANCE
a. The Nationat lncident Management System (NIMS) identifies concepts and principles that
answer how to manage emergencies ftom preparedness to recovery regardless of their
cause, size, location, 6r complexity. NIMS provides a consistent, nationwide approach and
vocabulary'for multiple agencies-or lurisdictions to work together to bujld, 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 liationaf Preparedness System, a requirement of
presidential policy Directive 8, to guide activities within the public and private sector and
describes the planning, organizitional 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 Department, the Subrecipient
must ensure and maintain adoption and imple mentation of NIMS. See Agreement
Attachment A,Article ll section 3.c. for associated repo rting requirements. The list of
objectives used for Prog ress and achievement rePorti ng can be found at
d. FEMA requires phased implementation of the National Qualification System (NQS) for
EMpG sunrecipLnts. The NQS lmplementation Objectives reflect the. concepts and
principles coniained in NQS doctrine and aim to promote consistency in NQS
implementation nationwide. Subrecipients will be considered in compliance with NQS
requirements as long as they are woiking towards implementing the NQS lmplementation
Objectives can be found at
https://www.fema.qov/sitesidefaulUfiles/documents/fema nims-n0s-imPlementation-
eployable personnel (determined by the
@quiredtomeetNQScertificationrequirements.
For 24EMPG NQS Phase 2 of implementation, subrecipients must:
i. Design procedures for an organizational qualification system and subsequently
document aPProval.
ii. Ensure designated EMPG-funded deployable personnel meet the minimum
training requiiements for their job titleiposition qualification.
iii. Track qualification, certification and credentialling for EMPG-funded deployable
personnel.
iv. Describe the status of implementation as a part of the annual NIMS survey
conducted by EMD staff at the end of the calendar year'
v. Note within the EMPG final report which EMPG funded personnel are categorized
asdeployableandstatusofimplementation,asapplicable.
EQUIPMENT AND SUPPLY MANAGEMENT
a. The Subrecipient and any non-federal entity to which the Subrecipient makes a subaward
shall compty with 2 cFR 200.317 through zbo.g2l, and all washington state procurement
statutes, when procuring any equipmen-t or supplies under this Agreement, 2 CFR 200'313
for management of eq-uipmeni,'and 2 CFR 200.314 for management of supplies, to
include, but not limited to:
DHS-FEMA-EMPG-FY24 Page 5 of 44 Kittitas CountY, E25-254
t.Upon successful completion of the terms of this Agreement, all equipment and
supplies purchased through this Agreement will be owned by the Subrecipient,
or'a recognized non-fedlral entiiy to which the Subrecipient has made a
subaward,-for which a contract, Subrecipient grant agreement, or other means
of legaltransfer of ownership is in place.
All equipment, and supplies as applicable, purchased under this Agreement will
be recorded and maintained in the subrecipient's inventory system.
lnventory system records shall include:
A. Description of the ProPertY
B, Manufacturer's serial number, or other identification number
source forthe property, including the FederalAward ldentification
(FAl1\) (Faqe Sleet, Box 11)
ii
llt
c.Funding
Number
D- Assistance Listings-Number:(Face Sheeh Box 13) - -
E. Who holds the title
F- Acquisition date
IV
and of federal on in the cost
H. Location, use, and condition of the property at the date the information was
reported
l. Disposition data including the date of disposal and sale price of the
property.
The Subrecipient shall take a physical inventory of the equipment, and supplies
as applicable, and reconcile the results with the property records at least once
every'two years. Any differences between quantities determined by the physical
inspection'and those shown in the records shall be investigated by the
Subrecipient to determine the cause of the difference. The Subrecipient shall, in
conne"iion with the inventory, verify the existence, current utilization, and
continued need for the equiPment.
The Subrecipient shall be responsible for any and all operational ?nd
maintenance expenses and for the safe operation of the equipment and supplies
including all questions of liability. The Subrecipient shall develop appropriate
maintenince schedules and proiedures to ensure the equipment; and supplies
as applicable, are well maintained and kept in good operating condition'
The Subrecipient shall develop a control system to ensure adequate safeg-uards
to prevent loss, damage, and theft of the property. Any loss, damage, or theft shall
be investigated, anda report generated and sent to the Department's Key
Personnel.
The Subrecipient must obtain and maintain all necessary certifications and
licenses for the equiPment.
lf the Subrecipient is authorized or required to sell the property, proper sales
procedures must be established and followed to ensure the highest pos-sible
return. For disposition, if upon termination or at the Grant Agreement End Date'
when original or replacement supplies or equipment acquired under a federal
award arl no longer needed foi ttre original project or program or for oth.er
activities currently or previously supported by a federal awarding agency, the
Subrecipient must comply with the following procedures:
A. For Supplies: lf there is a residual inventory of unused supplies exceeding
$5,000 in total aggregate value upon termination or completion of the
project or^ progt"'i-"nI tft. supplies are not needed for any other federal
Page 6 of 44 Kittitas County' E25-254
V
vilt.
vi
vii.
DHS-FEMA-EMPG-FY24
b
c
award, the subrecipient must retain the supplies for use on other activities
or sellthem, but must, in either case, compensate the federal government
for its share. The amount of compensation must be computed in the same
manner as for equiPment'
B. For EquiPment:
1) ltems with a current per-unit fair-market value of $5,000 or less may
be retained, sold, transferred, or otherwise disposed of with no further
obligation to the federal awarding agency'
2) ltems with a current per-unit fair-market value in excess of $5'000
mayberetainedorsold'TheSubrecipientshallcompensatethe
federal awarding agency in accordance with the requirements of 2
cFR 200.313 (e) (2).
C. Notify Department Key Personnel to initiate the disposition process by the
federal awarding agencY.
ix. Records for equipment shall be retained by the Subrecipien! for 3 period of six
years from the date of the disposition, repl-acement, or transfer' lf any litigation'
claim, or audit is started before the expiration of the six-year period' th.e records
shall be retained by the Subrecipient'until all litigation, claims, or audit findings
involving the records have been resolved'
The Subrecipient shall comply with the Department's Purchase Review Process' which is
incorpoiated' by reference and made parl of this Agreement. No reimbursement will be
provided unless the appropriate approval has been received'
Allowable equipment categories for the grant program are listed on the Authorized
Equipment List tnEf-) located
- on the FEMA website at
htips://www.fema.qov/or;nts/quidance-tools/authorized-e-quipment-list' lt is important that
theSubrecipientunSubrecipientmakesasubaward
regard the AEL as an authorized purchising list identifying items allowed under the
specific grant program; the AEL includes itemJthat may not be categorized as equipment
according to the federal, state, local, and tribal definitiohs of equipment. The.Subrecipient
is solely iesponsible for ensuring and documenting purchased items under this Agreement
are aut'horized as allowed items by the AEL at time of purchase.
lf the item is not identified on the AEL as allowable under the grant program, the
subrecipient must contact the Department Key Personnelfor assistance in seeking FEMA
approval prior to acquisition'
Equipment might require more than one waiver. The Subrecipient must contact the
Department Key Personnel for assistance in identifying what waivers are needed and in
seeking FEMA approval prior to acquisition'
Equipment purchases (those with a current per-unit fair market value in excess of
$S,000) must be identified and explained to ihe Department. Use, management, and
disposiiion of such equipment is subject to requirements outlined in 2 CFR 200'313'
Before making suct'r puicfrases, the bubrecipient should analyze the cost benefits of
purchasing ve-rsus leasing equipment, especially those subject to rapid technical
advances.
Unless expressly provided otherurise, all equipment mu-st meet all mandatory regulatory
state and DHS/FEMA adopted standards to be eligible for purchase using federal award
funds.
lf funding is allocated to support emergency communications activities, the Subrecipient
must ensure that all projects comply with SAFECOM Guidance on Emergency
Communications Grants, located at https://www.cisa.qov/safecom/fundinq, including
provisions on technical standards that ensure and enhance interoperable
communications.
PageT of 44 Kittitas County' E25-254
d
e
f
g
DHS-FEMA-EMPG-FY24
h 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
componentofanysystem,orascriticaltechnologyofanysystem;
ii. Enter into, extend, or renew a contract to procure or obtain any equipment' system'
or service tnat 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
componentofanysystem,orascriticaltechnologyaspartofanysystem.
This prohibition regarding certain telecommunications and video surveillance services or
equipment is manoaiei by section 8_89 of the John S. McCain National Defense
Authorization Act for iisical Year 201g (FY 2O1g NDAA), Pub' L' No' 115-232 (2018) and
2 CFR 200.216,200.327,200.471, and Appendix tt to 2CFR200' Recipients and
subrecipients may use DHS/FEMA grant funding to procure replacement equipment and
services impacted by this prohibition, provided the costs are otherwise consistent with the
requirements of the Manual and the NOFO'
Per subsections 889(f1(2)-(3) of the FY 2019 NDAA, and 2 cFR 200'216, covered
telecommunications equipment or services means:
iv. Telecommunications equipment produced by Huawei Technologies company or
ZTE Corporation (or any subsidiary or affiliate of such entities);
v. For the purpose of public safety, security of government facilities, physical security
surveillance of critical infrastructur", and other national security purposes' video
surveillance and telecommunications equipment produced by^ Hytera
Communicationi Corporation, Hangzhou Hikvision Digital Technology C.o.mpany,
orDahuaTechnologyCompany(or-anysubsidiaryoraffiliateofsuchentities);
vi. Telecommunications or video surveillance services provided by such entities or
using such equiPment; or
vii. Telecommunications or video surveillance equipment or services produced or
providedbyanentitythatthesecretaryofDefense,inconsultationwiththe
Director of National lntelligence or the Director of the Federal Bureau of
lnvestigation, reasonab! b6lieves to be an entity owned or controlled by' or
otherwise connected to, ihe government of a covered foreign country.
The subrecipient must pass through equipment and supply management requirements
that meet or exceed the requirements outiined above to any non-federal entity to which
the subrecipient makes a subaward under this Agreement.
ENVIRONMENTAL AND HISTORICAL PRESERVATION
a. The subrecipient shall ensure full compliance with the DHS/FEMA Environmental
planning and Historic Preservation (EHPi program. EHP program .information can be
found at trttpsr/ ilvrflv.fema.qov/qrantiquidancdtools/environmental-historic all of which
are incorporateO in and made a part of this Agreement'
b. projects that have historical impacts or the potential to impact the environment, including'
but not limited to, construction of communication towers; modification or renovation of
existing buildings, structures and facilities; installation of sonar system; or new
construction including replacement of facilities, must participate in the DHS/FEMA EHP
review process prior to initiation. Modification of existing buildings,.including minimally
invasive improvements such as attaching monitors to interior..walls, and training or
exercises occurring outside in areas not c6nsidered previously disturbed, also require a
6.
DHS/FEMA EHP review before project initiation
Page I ol 44DHS-FEMA-EMPG-FY24
Kittitas CountY, E25-254
c.The EHP review process involves the submission of a detailed project description that
includes the entire scope of work, including any alternatives that may be under
consideration, along with supporting documentalion so FEMA may determine whether the
pioposeO proiect nas ine iotentia-t to impact environmental resources and/or historic
properties.
7
d. The Subrecipient agrees that to receive any federal preparedness. funding' all EHP
compliance requiierients outlined in applicabl'e guidance must be met' The EHP review
process must be completed and FEMA approvalreceived 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 will not be reimbursed'
PROCUREMENT
The subrecipient shall comply with all procurement requirements of 2 cFR Part 200'317 through
200.327 and-as,specified inlthe.General -Terms-and.Gonditions=(Attachment'B' A.lo). '-'.='=
b.
c
For all sole source contracts expected to exceed the micro-purchase threshold per 2 CFR
200.1, the Subrecipient must submit justification to the Department for. review and
"pprou"r.
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 sote source justifications to any non-federal entity to which
Subrecipient makes anY award.
The subrecipient as well as its contractors and subcontractors must comply with the Build
nmlrica, Buy America A"t (gngnA), which was enacted as a part of the lnfrastructure
tnvestment anO .toOs n"i Sb ZOSO i-tOZgt, Pub. L. No. 117-58 (2021); and Executive
Order 14005, Ensuring the"F-uture is Made in All of America by All of America's Workers'
BABAA requires any iifrastructure project receiving federal funding must ensure:
i. All iron and steel used in the project are produced in the United states' This means
all manufactrting p.""s.es, ftom initial melting stage through the application of
coatings, occurred in the United States'
ii. All manufactured products must be produced in the United States' For a
manufactureO pioOuct to be considered produced in the United States, the cost of
the components of the manufactured product that are mined, produced, or
manufactured in the United States must be greater than 55% of the total cost of all
minimum amount of domestic content of minufactured product, unless subject to
another standard.
iii. All construction materials are manufactured in the United States. This means that
all manufactrrinj fro""sses for construction material occurred in the United States'
Additionally, applicable infrastructure projects are subject to domestic preference
1."quir"rn"nis. A'Oo*estic preference does not apply to non-infrastructure spending under
an award that also includes a covered project. Adomestic preference applies to an entire
infrastructure prolect,-even if it is funded Oy Ootfr federal and non-federal funds under one
or more awards.
i. Domestic preferences under BABAA only apply to.articles, materials, and supplies
that are.onr11r*Jin-, in"orporated into, oraffixed to an infrastructure project' As
such, it does not apply to tools, equipment, and.supplies, such as.temporary
scaffolding, Orought io tt " construction site and removed at or before the
completioi of the infrastructure project. Nor does a domestic preference apply to
Page 9 of 44 Kittitas County' E25-254
DHS-FEMA'EMPG-FY24
il.
iii. The SubreciPient's contractors and their subcontractors who apply or bid for an
award for an infrastructure project subject to the domestic preference requirement
' in the-BABAA-shall file'a' required certificatio n to the-Subr:ecipient.=with each bid or
equipment and furnishings, such as movable chairs, desks, and portable computer
equipment, that are usel at or within the finished infrastructure project but are not
an integral part of or permanently affixed to the structure'
lnfrastructure, for the purposes of BABAA, includes, at a minimum, the structures,
facilities, and equipment'for, in the United States, roads, highways and bridges;
puOfi. transportation; dams, ports, harbors and other maritime facilities; intercity
b"ii"ng"r and freight railroads; freight and intermodal facilities; airports; water
iystemJ, including O-'rint ing water and wastewater systems; electrical transmission
facilities and sys[emi; utiiities; broadband infrastructure; and buildings and real
property. lnfrastructure includes facilities that generate, transport, and distribute
energy.
waived by FEMA. Contractors and subcontractors
financial assistance fund ing for infrastructu re projects
irement is
must certify that no federal
will be provided unless allthe
materials -used,in the-Project
u
assistance for infrastructure projects that does not ensure comPliance with BABAA
domestic preference requirement. Such discl osures shall be forwarded to the
Subrecipient who will forward them to the DePa rtment who, in turn, will fonruard the
disclosures to FEMA.The Build America, Buy America Act Self-Certification form
is included herein as Attachment G.
lf the Subrecipient is interested in applying for a waiver, the Subrecipient should contact
the Department Key personnelto diieimine the requirements. Allwaiver requests must
include a detailed'justification for the use of goods, products, or materials mined'
produced, or manufictured outside the United States and a certification that there was a
good faith effort to solicit bids for domestic products supported by terms..included in
requests for proposals, contracts, and nonpioprietary communications with potential
suppliers.
8. SUBRECIPIENT MONITORING
a. -ne Oepartment will monitor the activities of the Subrecipient from award to closeout' The
goal of the Department's monitoring activities is to ensure that subrecipients receiving
iederal passthiougfr tunds are in coirpliance with this Agreement, federal and state audit
requirements, fed-eral 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 requiremgntg, tle Subrecipient
shall complete and return to the Department an Audit Certification/FFATA form. Reporting
requirements are referenced in section 3.c.
c. Monitoring activities may include, but are not limited to:
i. Review of financial and performance reports
ii. Monitoring and documenting the completion of Agreement deliverables
iii. Documentation of phone calls, meetings (e.g' agendas, sign-in sheets, meeting
minutes), e-mails and correspondence
iv. Review of reimbursement requests and supporting documentation to ensure
allowability and consistency with Agreement work plan, budget, and federal
requirements
v. Observation and documentation of Agreement related activities, such as
exercises, training, events, and equipment demonstrations
DHS-FEMA-EMPG-FY24 Page 10 of 44 Kittitas Countv' E25-254
are produced in the United States' BABAA,
ContractofS?ild SUbrontraetor-s shal| also d isclose any use of federal financial
d
e.
Vi. On-site visits to review equipment records and inventories, to verify source
documentation for reimbursement requests and performance reports, and to verify
completion of deliverables.
The subrecipient is required to meet or exceed ihe monitoring activities, as outlined
,Oou", for any non-fedeial entity to which the Subrecipient makes a subaward as a pass-
through entity under this Agreement.
compliance will be monitored throughout the performance period to assess risk. concerns
will be addressed through a Corrective Action Plan'
to the DHS ReciPient Guidance at
9.LIMIT
a
tn and
additional resources on https://www.leP.qov.
b. Subrecipients are encouraged to perform and document their analysis of the most
appropriate language assisiance services necessary to ensure a LEP individual has
meaningful accessio the Subrecipient's programs and activities' The analysis should
consider
i. The number or proportion of LEP individuals eligible to be served or likely
encountered bY the Program
ii. The frequency with which LEP individuals come in contact with the program
iii. The nature and importance of the program, activity, or service provided by the
program to PeoPle's lives
iv. The resources available to the program and costs
B. EMPG PROGRAM SPECIFIC REQUIREMENTS
The Department receives EMpG funding from DHS/FEMA, to assist state, local, and tribal governments
to enhance and sustain all-hazards emergency management capabilities as authorized by Robert T'
Stafford Disaster Relief and Emerglncy nisistince Aci, as amended (42 U.S.c SS 5121 et seq') and
Section 662 of the Post Katrina Emergency Management Act (6 U'S.C. S 762)'
A portion of the grant program is passed through to local jurisdictions and tribes with emergency
management progiams io s-upptement their local/tiibal operating budgets to help sustain and enhance
emergency *rn"i"r"nt capibititi"" prrrr"nt to Washington Administrative Code (WAC) 1 18-09'
a. The subrecipient shall use the EMPG funds authorized under this Agreement only to perform
tasks as described in the work plan (Attachment D) and the subrecipient's approved application
for funding, incorporated into this Agreement
DHS-FEMA-E MPG-FYL4 Page 11 of 44 Kittitas County' E25-254
b. Funding may not be used to replace or supplant non-federal funding of emergency management
programs.
c. The Subrecipient shall provide a fifty percent (50%) cash match from non-federal source(s)' The
Federal share applied toward tne flflirC budget shall not exceed fifty percent of the total budget
as submitted and'approved in the application-and documented in the Budget (Attachment F)' To
meet matching requirements, the Subrecipient's cash matching contributions must be verifiable,
reasonable, aiiowable, allocable, and necessary under the grant program and must comply with
all state and Federal requirements and regulations, including, but not limited to, 2 CFR Part 200'
An appropriate mechanism must be in plaie to capture, track, and document matching funds'
d. To gather data for the required FEMA deliverables (i.e., Stakeholder Preparedness Review [SPR]'
Threat Hazard ldentification and Risk Assessment ITHIRA]), EMD is piloting a three-year County
Emergency preparedness Assessment (CEPA) prbcess with workshops, occurring in a third of
the 3g counties each calendar year 2024-2026. The Subrecipient mt{st participate in a CEPA
workshop located in their county and in any follow-on data calls to receive EMPG funding'
e. Subrecipients shall participate in the State's lntegrated Preparedness Planning Workshop
(lppw. Non-participation may result in withholding of funding under future grant years'
,f
c.
the FEMA mission scope and be in alignment with the SubreciPie nt's EmergencY OPerations Plan
This requirement only applies to training courses
Furthermore, additional federal approvals are
Violent Extremism prior to attendance'
and does not in clude attendance at conferences
required for courses that relate to Countering
g. All personnel funded in any part through federal award or matching funds under this Agreement- shall complete and record proof of completion of:
i. NtMS training lndependent Study (lS): lS-100, l5-200, lS-700, and l5-800, and
ii. Either the FEMA Professional Development Series (PDS) lS-120, lS-230, lS-235' lS-240'
ls-241,15-242,and ls-244, gg the Emergency Management Professionals Program (EMPP)
Basic Academy ls-230 , EIL1O1 , EIL 1O2, E/L103, ElL104 and E/L105.
DHS TERMS AND CONDITIONS
As a Subrecipient of 24EMpG funding, the subrecipient shall comply with all applicable DHS terms and
conditions of the 24EMPG Award Letter and its incorporated documents for the Grant, which are
incorporated and made a part of this Agreement as Attachment c.
DHS-FEMA-EMPG-FY24 Page 12 of 44 Kittitas County, E25-254
A.1
Attachment B
Washington State Military Department
GENERAL TERMS AND CONDITIONS
Department of Homeland Security (DHS)/ , .
Federal Emergency Management Agency (FEMA)
Grants
DEFINITIONS
As used throughout this Agreement, the terms will have the same meaning as defined in 2 CFR 200
Subpart A (which is incorpo"rated herein by reference), except as otherwise set forth below:
a. "Agreement" means this Grant Agreement'
b. ',Department,, means the washington slate Military Department, as.a state agency, any division,
section, office, unit or other entity Jt ff'" o"prrtmeni, or any of the officers o,r other officials laMully
representing that Department. ffre oepariment is a recipient of a federal award directly from a
. .-federal awarding agency. and:is.the-passthr"ough.-entity'making a=subaward to'a subrecipient
unoer tnls Agreem e Iil..
c "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,
- -anq-polleles'.-
A.2
A.3
4.4
A.5
d- , Subrecipientlwhen caPita in reference to the
non-federal entitY identified on the Face Sheet of this Agreement that has received a subaward
from the DePartment. However , the definition of "subrecipient" is the sa me as in 2 CFR 200.1 for
D
all other Purposes.
ADVANCE PAYMENTS PROHI BITED
The Department shall make no payments in advance or in anticipation of goods or services to be provided
under this Agreement. subrecipient shall not invoice the Department in advance of delivery and invoicing
of such goods or services.
AMENDMENTS AND MODIFICATIONS __ ^*^-r*^n{ nr mndifinafinn nf fhi
The Subrecipient or the Department may request,-.in .writing, an amendment. or modification of this
Agreement. However, such amendmenf or 'modification sJiall 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 underslandingi or agreements, written or oral, shall be binding on the
parties.
The Agreement performance period shail only be extended by (1) written notification of DHS/FEMA
approval of the Award performance period, followed up with a mutuafty agreed written amendment' or (2)
written notification from the Department to the subrecipient to provide iuoitlonat time for completion of
the SubreciPient's Project(s).
1S-3
35.
Except as provided herein, the subrecipient must comply with the ADA, which provides comprehensive
civil rights protection to individuals with disabilities in the areas of employment, public accommodations,
state and local government services, and telecommunication. lf the ADA does not apply to the
subrecipient oecause ttre suorecipient is a federal recognized lndian Tribe, then the acceptance by the
Tribe of, or acquiescence to, these General Terms lnd Conditions does not change or alter its
inapplicability to the lndian Tribe. rne execuiion of grant documents is not intended to change, alter'
amend, or impose additional liability ot ffipon"ibility ipon the Tribe where it does not already exist'
ASSURANCES
The Department and subrecipient agree that all activity pursuant to this Agreement will be in accordance
with all ihe applicable curreni federal, state and local laws, rules and regulations'
DHS-FEMA-EMPG-FY24 Page 13 of 44 Kittitas CountY, E25-254
A.6
A.7 C
As req uired 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
Subrecipie nt to any person for influencing or attempting to influence an officer or emPloYee of an agency,
a Member of Cong ress, an officer or emPl oyee of Cong ress, or an emPloYee of a Member of Congress
in connection with the awarding of any federal contract,the making of anY fed eral grant, the making of
any federal loan,the entering into of any cooperative agreement,and the extension, continuation,
renewal, amendment,or modification of any federal contra ct, grant, loa n, or cooperative 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 Co ngress, or an emPloYee of a Member of Congress in connection with this
Agreem ent, grant, loan, or cooPerative agreement the SubreciPient will comPlete and submit Standard
Form-LLL,"Disclosure Form to RePort Lobbying," in accordance with its instructions;(3) and that, as
app licable, the Subrecipient will require that the language of this certification be included in the award
documents for all subawards at alltiers (including subcontracts, subgrants,and contracts under grants,
loans, and cooPerative ag reements) and that all Sub recipients shall certifY and disclose accordinglY. This
certification is a material representati on of fact uPon wh ich reliance was Placed when this transaction was
made or entered into and is a prerequ isite for making or entering into this transaction imposed by 31
u.s.c. 1352
A.8 TU DD M Ltcl
The SubreciPient and all its contractors and subrecip ients shall comPlY with , and the DePartment is not
respo nsible for determining comP liance with, anY and all applicable federal,state, and local laws,
regulatio ns, executive orders, OMB Circulars, and/or Pol icies. This obligation incl udes, but is not limited
to: nondiscrimination laws and/or po licies, EnergY PolicY and Conservation Act (PL 94-163, as amended),
the Americans with Disabilities Act (A DA), Age Discrimination Act of 1975, Title Vl of the Civil Rights Act
of 1964, Civil Rights Act of 1968, the Robert T. Stafford Disaster Relief and Emergency Assistance Act,
(PL 93-288, as amended), Ethics in Pu blic Service (RCW 42-52), Covenant Ag ainst Contingent Fees (48
CFR Section 52.203-5), Public Records Act (RCW 42.56), Prevailing Wages on Public Works (RCW
39.12),State Environmental Policy Act (RCW 43.21C),Shoreline Management Act of 1971(RCW 90.58),
State B uilding Code (RCW 19'27), EnergY Related Building Standards (RCW 19.27 A), Provisions in
Buildings for Aged and Handicapped Person s (RCW 70.92), and safety and health regulations
DHS-FEMA-EMPG-FY24 Page 14 of 44 Kittitas CountY, E25-254
A.9
ln the event of noncompliance or refusalto comply with any applicable law, regulation, executive order,
OMB Circular or policy by the Subrecipient, its coniractors or subrecipients, the Department may rescind,
cancel, or terminate'tne ngreemeni in whole or in part in its sole discretion. The Subrecipient is
responsible for all costs or tiinitity 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
@theDepartment;nomember,officer,oremployeeoftheSubrecipientorits
designees o1. ,g"nir; no member of the governing body of the jurisdiction in which the project is
undertaken or located; and no other offiiial of the Subrecipient who exercises any functions or
l"p"""iuiiities wiilr respect to the project during his or her tenure, shall have any personal or pecuniary
gain or interest, direct or indirect, in iny contralt, subcontract, or the proceeds thereof, for work to be
[erformed in connection with the project assisted under this Agreement'
The Subrecipient shall incorporate, or cause to incorporate, in all such contracts or subawards, a
provision prohibiting such interest pursuant to this provision'
A:10
As required by Appendix ll to 2 CFR Part 200, all contracts entered into by the Subrecipient under
this Agreement must incl ude the following provisions, as applicable
1)Contracts for more than the simplified acqu isition 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 lega I remedies in instances where contractors
violate or breach contract terms, and provide for su ch sanctions and penalties as appropriate
2) All contracts in excess of $10,000 must address termination for cause and for convenience
by the non-federal entity including the manner by which it will be effected and the basis for
settlement.
3) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all
contracts itraf meet the'definition of "federally assisted construction contract" in 41 CFR Part
60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.a(b), in
accordance with Executive brder'11246,';Equal Employment Opportunity' (39 FR 12319,
12935,3 CFR part, 1964-1965 Comp., p.339), as amended by Executive Order 11375'
',Amending Executive Order 11246'Retating to Equat Emptoyment Opportunity," and
implemeniing regulations at 41 CFR part 6b, "Office of Federal Contract Compliance
P rog ra m s, iq u al e m pl oym e nt O p po rt u n ity, D e p a rt m e nt of La b o r."
4) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When 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
S,,,Labor Standards'provisiois Appticable to Contracts Covering Federally Financed and
Asslsfed Construction"). ln accordance with the statute, contractors must be required to pay
wages to laborers and mechanics at a rate not less than the prevailing wages specified in a
wale determination made by the Secretary of Labor. ln-addition, contractors must be
req-uired to pay wages not less than once a week. The non-federal entity must place a copy
of ine current'preftiling wage determination issued by the Department of Labor in each
solicitation. The decisio-n to lward a contract or subcontract must be conditioned upon the
acceptance of the wage determination. The non-federal entity must report all suspected or
reported violations tJtne federal awarding agency- The contracts must also include a
provision for compliance with the Copeland i'Anti-Kickback" Act (40 U.S.C. 3145), as
supplemented by Department of Labor regulations (29 .CFR Part 3, "Contractors and
Subcontractors on puOtic Building or Public Work Financed in Whole or in Part by Loans or
Grants from the United States"). ine n"t provides that each contractor or Subrecipient must
DHS-FEMA-EMPG-FY24 Page 15 of 44 Kittitas County' E25-254
be prohibited from inducing, by any means, any person employed in the construction'
completion, or repair of pubiic wbrk, io give up any part of the compensation to which he or
she is otherwise entifled. The non-federal entity must report all suspected or reported
violations to the federal awarding agency.
5)Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable,
all contracts awarded by the non-federal entity in excess of $100,000 that involve the
employment of mechanics or laborers must include a p rovision for compliance with 40 U.S.C
3702and 3704, as suPP lemented by DePartment of Labor regulations (29 CFR Part 5). Under
40 U.S.C. 3702 of the Act , each contractor must be required to compute the wages of everY
mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of
the standard work week is Permi ssible 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 ho urs worked in excess of 40
hours in the work week. The req uirements 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
Conditi0hS whieh aro unsanitary,hazardous or dangerous'. These
requirements do not a epu SU orm sor indfily
available on the open market, or contracts for transportation or transmission of intelligence
hts to lnventions Made Under a Contract or Ag reement. lf the federal award meets the
nding ag n
the substitution of parties, assignment or perform ance of experimental, developmental, or
research work under that "funding agreement," the rec ipient or Subrecipient must comPlY
with the req uirements of 37 CFR Part 401, "Rights to lnvention s Made by NonProfit
Organizations and Smatt Bustness Firms lJnder Government Grants, Contracts and
Coope rative Agree m ents," and any implementing regulations issued by the awarding agency
7)Clean Air Act (42 U.S.C. 7401-7671q-)and the Federal Water Pollution Control Act (33
U.S.C. 1251-1387), as amended-Contracts and subgrants of amounts in excess of
$150,000 must contain a provision that requires the non-federal award to agree to comply
with all appli cabte standards, orders or regulations issued pursua nt to the Clean Air Act (42
U.S.C. 7401-7671q)and the Federal Water Pollution Control Act as amended (33 U.S.C
1251-1387). Violations must be reported to the federal awarding agen cy and the Regional
Office of the Environmental Protection AgencY (EPA)
g) Debarment and Suspension (Executive orders 12549 and 12689)-A contract award (see 2
CFR 1 BO.Z2O) must not be made to parties listed on the government-wide exclusions in the
System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180
that imptement Executiu6 Ord"rs 12549 (3 CFR part 1986 CgTp , p' 189) and 12689 (3 CFR
part 19Bg Comp., p. 235), "Debarment and Suspensron." SAM Exclusions contairis the
names of parties Oebarred, suspended, or otherwise excluded by agencies, as well.as parties
declared ineligible under siatutory or regulatory authority other than Executive order 12549.
9) Byrd Anti-Lobbying Amendment (31 u.S.C. 1352)-Contractors that apply or bid for an award
exceeding $tob,o-oo must file the required certification. Each tier certifies to the tier above
that it will not and has not used federal appropriated funds to pay any person or organization
for influencing or attempting to influence'an officer or employee of any agency, a- member of
Congress, officer or empliyee of Congress, or an employee of a member of Congress in
connection with obtaining lny federal contract, grant or any other award covered by 31
U.S.C. 1352. Each tier riust
-also
disclose any toUOying with non-federal funds that takes
place in connection with obtaining any federal award. Such disclosures are fonruarded 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
comply w1h seJtion-6002;f the Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act. The requiremenis of Section 6002 include procuring only
items designated in guidelines of the Enviionmental Protection Agency (EPA) at 40 CFR part
24T lhatcontain the highest percentage of recovered materials practicable, consistent with
maintaining a satisfactolry level of comletition, where the purchase price of the item exceeds
DHS-FEMA-EMPG-FY24 Page'16 of 44 Kittitas County' E25-254
$10,000 or the value of the quantity acquired during the preceding fiscal year exceeded
910,000; procuring solid waste management servicei. in a mannerthat maximizes energy
and resource recovery; and estafitis6ing an affirmative procurement program for
pro.rr"*"nt 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
3) Access bY the DePa rtment, the SubreciPie nt, the federal awarding agency , the ComPtroller
General of the United States, or any of their dulY authorized rePresentatives to any books,
documents, Papers,and records of the contractor which are directly pertinent to that specific
contract for the Purpose of making audit, examinati on, excerPts, and transcriPtions
4) Retention of all req uired records for six (6) Years after the Subrecipient has made final
payments and all oth er pending matters are closed
which are contained in the
1
1
1 M 'standardS and lieidS ielatinglo energy efficiency
state energY conservation P an
Conservation Act (Pub. L.94-1 63, 89 Stat. 871
com
)
nce
17)
n Preferences for
e non-
nt praetieable u nder a,Federal award, Provide a
preferen ce forthe purchase, acqul sition, or use of goods, Prod ucts, or materials Produced in
the United States, as required in 2 CFR Part 200.322, in every contract, subcontract,
purchase order, or sub-award that is chargeable against federal financia I assistance awards.
Per 2 C.F.R. $ 200.216, Proh ibitions reg arding certain telecommunications and video
surveillance services or equipment are mandated by secfion 889 of the John S' McCain
N ation at Defense Authorization Act for FiscalYear 2019 (FY 20 19 NDAA), Pub. L' No' 115-
A.1 1
232 (2018).
b. The Department reserves the right to review the subrecipient's procurement plans and
documents and require the Subrec"ipient to makec-hanges to n1iry^1ts^qlns and documents into
comptiance with the requirements oiz cFR Part 200sfi through 200.327 - The subrecipient must
ensure that its procurement process Lquires contractors and Jubcontractors to provide adequate
documentation with sufficient Oetait to'support the costs of the project and to allow both the
Subrecipient and Department to make a determination on eligibility of project costs'
c. All contracting agreements entered into pursuant to this Agreement shall incorporate this
Agreement bY reference'
DlsclosuRE _^._----:-^ *1.^ f-,anarfma
The use or disclosure by any party of any information concerning the Department for any purpose not
direcly connected with t'he abminiitration'oi ir'" oepartment's orlhe subrecipient's responsibilities with
respect to services provided under tnis ngi;m"4. prohibited except by prior written consent of the
Department or as required to comply with ine state Public Records Act, other law or court order'
DISPUTES
Except as otherwise provided in this Agreement, when a bona fide dispute arises between the parties
and it cannot be resorved through oiscuision and negotiation, either party may request.a dispute
resolution board to resolve the dispute. Ai"qr"rt for a dis.pute resoltttion board shall be in writing, state
the disputed issues, state the reraiive positiofs of the parties, and be sent to ail parties. The board shall
consist of a representative appointed by the Department,.a representative appointed by the subrecipient,
and a third party mutually agreed upon oy'[otn brrii"i. ir'r" determination of the dispute resolution board
shall be final and binding on the parties hereto. Each party shall bear the cost for its member of the
dispute resolution board-and its attorney fees and costs an'd share equally the cost of the third board
member.
A.12
DHS-FEMA-EMPG-FY24 Page 17 of 44 Kittitas CouniY, E25-254
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 result of this
Agreement.
To the extent allowed by law, the Subrecipient, its successors or assigns, will protect, save and hold
harmless the Department, the state of Washington, and the United States Government and their
authorized agents anJ employees, from all claimJ, actions, costs, damages or expenses of any nature
whatsoever by reason of the acts or omissions of the Subrecipient, its subcontractors, subrecipients,
asSigns, agentS, contraCtorS, consultantS, licenSeeS, invitees, emplOyeeS or any person whomsoever
arisiig out-ot 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
W"rf.rington and their authorized agents and employeeJin any litigation; including payment of any costs
or attorieys' fees for any claims or-action commented thereon arising out of or in connection with acts
or the SubreciPient's agents or em
lnsofar as the tundlng source, F E M Als an-agmey-of t h e F-ed eralg over nm ent;t h e-f o I I ow i ng shall apply:
44 CFR 206.g Non-liabilitv. The Federal government shall not be liable for any claim based upon the
exercise or performance of, or the failureio exercise or perform a discretionary function or duty on the
part of a federal agency or an employee of the Federal government in carrying out the provisions of the
Stafford Act.
A.14 IT
A.15
NA
The signatories to this Agreement represent that theY have the authority to bind their respective
organizations to this Agreement' On ly the Department's Authorized Sig nature representative and the
Authorized Signature representative of the SubreciPient or Alternate for the SubreciPient, formallY
designated in writing, shall l'rave the express,implied, or apparent authoritY to alter, amend, modifY, or
waive any clause or condition of this Agreeme nt. Any alteration, amendment,modification, or waiver of
any clause or condition of this Agreement is n of effective or binding unless m ade in writing and signed
by both parties'Authorized Signature representatives,except as provided for time extensions in Article
A.3.
Further, only the Authorized Signature representative or Alternate for the Subrecipient shall have
signature authority to sign reimbursement requests, time extension requests, amendment and
modification requests, reqJests for changes to projects or work plans, and other requests, certifications
and documents authorized by or required under this Agreement.
OR OF
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 or to normal completion or end date, the Departmentpri
may unilaterally reduce the work Plan and budg et or unilaterallY terminate all or part of the Agreement as
a "Termination for Cause" without provi ding the SubreciPient an oPP ortunity to cure. Alternatively, the
parties may renegotiate the terms of this Agreement under "Amendments and Modifications" to comPlY
with new funding limitations and conditions,although the DePartment has no o bligation to do so
A.16 NONASSIGNABILITY
Neither this Agreement, nor any claim aris ing under this Agreement, shall be transferred or assigned by
the SubreciPient.
A.17 NONDISCRIMINATION
During tne perr-ormanoe of this agreement, the subrecipient shall comply with all..federal and state
nondiscrimination statutes and regllations. These requirements include, but are not limited to:
a. Nondiscrimination in Employment: The subrecipient shall not discriminate against any employee or
applicant for employment because of race, coloi, sex, sexual orientation, religion, national origin,
creed, marital statui, age, Vietnam era or disabled veteran status, or the presence of any sensory,
DHS-FEMA-E MPG-FY24 Page 18 of 44 Kittitas Countv' E25-254
A.1B
mental, or physical handicap. This requirement does not.apply, however, to.a religious corporation'
association, educational insiitution or. .o.i"ty with respect to.the employment of individuals of a
particular religion to perform work connected with the carrying on by such corporation' association'
educational institution or society of its activities'
b. The Subrecipient shall take action to ensure that employees are employed and treated during
employment without discrimination because of their race, color, sex, sexual orientation religion'
national origin, creed, marital status, age, Vietnam era .or disabled veteran status, or the presence of
any sensory, mental, or physical nan-Jtap. Such action shall include, but not be limited to' the
following: Employment, upgrading, Oe;oilon, or transfer, recruitment or recruitment selection for
training, including apprenticeships and volunteers'
NOTICES
The subrecipient shall comply with all public notices or notices to individuals required by applicable local,
state and federal laws and regulations and shall maintain a record of this compliance'
T
A:19
The SubreciPient rePresents and warrants that its workP tice Ooes now or will meet all applicable federal
and state safetY and health regulations that are in effect during the Subrecipient's performance under this
A.20
A.21
4.22
nt.To the ubre reesto indemnify and hold harmless
amag ES an[nalUre,
nt; aS a
E
The Depa rtment makes no clai m to any caPital facil ities or real ProPertY imProved or constructed with
funds under this Agreement,and by this subaward of funds does not and will not acq uire any ownershiP
interest or title to such ProPertY of the SubreciPient.The SubreciPient shall assume all liabilities and
respo nsibilities arising from the owners hip and operation of the project and agrees io d efend, indemnify,
and hold the Department, the state of Was hington, and th e United States government harm less from any
and all causes of action arising from the own ership and o peration 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 anv funoidate for public office or influence ihe approval or defeat of any ballot issue'
F
The assistance provided unde r this Agreement shall not be used in PaYment of anY bonus or commission
for the purpose of obtaining approva I of the apPlicatio n for such assistance or any other approval or
concurrence unde r this Agreement Prov ided, however, that reasonable fees or bona fide technical
consultant, managerial, or other such services , other than actual solicitation , are not herebY Prohibited if
otherwise eligible as project costs'
A.23 PUBLICITY
The Subrecipient agrees to submit to the Department prior to issuance all advertising and publicity
matters relating to this Agreement wherein the Department's name is mentioned, or language used from
which the connection of the Department's name may, in the Department's judgment,. be inferred or
implied. The Subrecipient agrees not to publish or us.e Luch advertising and publicity matters without the
prior written consent of the bepartment.'The subrecipient may copyrlght original work it develops in the
course of or under this Agreement; however, pursuant to 2 CFR part zbo.gt5, FEMA reserves a royalty-
free, nonexclusive, and irrevocabie license to reproduce, publish or otherwise use, and to authorize
others to use the work for government purposes'
publication resulting from work performed under this Agreement shall include an acknowledgement of
FEMA,s financial support, by the nsrist"n"e Listings Nuiroer (formerly CFDA Number), and a statement
that the publication does not constitute an endorsement by FEMA or reflect FEMA's views'
A.24 RECAPTURE PROVISION
ln the event the subrecipient fails to expend funds under this Agreement in accordance with applicable
federal, state, and local laws, r"grrrtibnr, and/or the provisions of the Agreement, the Department
reserves the right to recapture tunfs in an amount equivalent to the extent of noncompliance' such right
DHS-FEMA-EMPG-FY24 Page 19 ol44 Kittitas county' E25-254
of recapture shall exist for the life of the project following Agreement_t_ermination' Repayment by the
Subrecipient of funds under this recapture'provision shall occur within 30 days of demand. ln the event
the Department is required to instiiute legal proceedings to enforce the recapture provision' tfe
Department shall be entitled to its costs -and expenses thereof, including attorney fees from the
Subrecipient.
A.25 RECORDSa. The SubreciPient agrees to maintain all books,records, documents, receipts, invoices and all
other electronic or written records necessary to sufficientlY and properly reflect the Subrecipient's
contracts, subawards, grant administration, and payme nts, including all direct and indirect
charges, and expenditures in the performance of this Agreeme nt (the "records")
b. The Subrecip ient's records related to this Agreement and the projects funded may be insPected
and audited by the DePartment or its designee, by the Office of the State Auditor, DHS, FEMA or
their designees, by the ComPtro ller General of the United States or its designees, or by other
state or==federal.-officials.authorized by..law, for the purposes-of determining co.mplian.qe by the
brgeipielt with thelerrns of this Agreement-and to-delermine the-approp riate-level of-fund i n g
to be paid under the Agreement.
c. The records shall
working day
d. The Subrecipient shall retain and allow access to all to S a the
funded proj ect(s) for a period of at least six (6) years following final payment and closure of the
grant under this Agreem ent. Despite the minimum federa I retention requirement of three (3) years,
the more stringent State requirement of six (6) years must be fol lowed.
A.26 RES NSIBILITY FO R PRO.JECTiS FMENT OF P IAN
While the Departme nt undertakes to assist the Subrecipient with the projecVstatement of worUwork plan
(project) by providing federal award funds pursuant to this Agreement,the project itself remains the sole
responsibility of the S ubrecipient. The Department undertakes no resp onsibility to the Subrecipient, or to
any third party, other than as is expressly set out in this Agreement
The responsibility for the design, development, construction, imp lementation, operation and maintenance
of the project, as these phrases are applicable to this project,is solely that of the Subrecipient, as is
responsibility for a ny claim or suit of any nature by any third party related in anY waY to the Project
Prior to the start of anY construction activity, the Subrecipie nt shall ensure that all applicable federal,
state, and local permits and clearances are obtained, including,but not limited to, FEMA compliance with
the National Environmental Policy Act, the National Historic Preserv ation Act, the Endangered 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 ajainst the subrecipient in connection with the project. The subrecipient shall not look to the
Department, or to any state or federal agency, or to any of their employees or agents, for any
performance, assistance, or any payment dr indemnity, including, bu! not limited to, cost of defense
and/or attorneys, fees, in conneition with any claim or lawsuit brought by any third party related to any
design, development, construction, implementation, operation and/or maintenance of a project'
A,27 SEVERABILITY
lf any court of rigl.,tfutjurisdiction holds any provision or condition under this Agreement or its application
to any person or-circumstances invalid, thii 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 AUDIT ACT REQUIREMENTS (iNCIUdiNq AIIAMENDMENTS)
wing audit requirements in any subawards.
Non-federal entiiies, as Subrecipients of a federal award, that expend $750,000 or more in one fiscal
year of federal funds from all sources, direct and indirect, are required to have a single or a program-
specific audit conducted in accordance with 2 CFR Part 200 Subpart F. Non-federal entities that spend
less than $zsg,goo a year in federal awards are exempt from federal audit requirements for that year,
except as noted in z CFR part 200 Subpart F. As defined in 2 CFR Part 200, the term "non*federal entity"
DHS-FEMA-EMPG-FY24 Page2Q of 44 Kittitas county', E25-254
means a state, local government, lndian tribe, institution of higher education, or nonprofit organization
that carries out a federal award as a recipient or subrecipient.
Subrecipients that are required to have an audit must ensure the audit is performed in accordance with
Generaily Accepted Government Auditing Standards (GAGAS) as fo_und in the Government Auditing
Standards (the Revised yellow Book) developed by the United States Comptroller General and the oMB
Compliance Supplement. The Subrecipient has the responsibility of notifying its auditor.and.requesting
an audit in compiiance with 2 cFR pari zoo Subpart F, to include the Washington State Auditor's office,
a federal auditor, or a public accountant performing work using GAGAS, as appropriate. Costs of the
audit may be an allowable grant expenditure as authorized by 2 CFR Part 200.425.
The Subrecipient 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 exceptioni incurred by its own organization or that of its subcontractors. Responses to any
unresolved management findings Lnd disallowed or questioned costs shall be included with the audit
report. The Subrlcipient 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 Subrecifient 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 nineig) months after the ehd of the SUbrecipient's fiscal year(s):
Contracts Office
Washi ngton Military DePartment
Finance Division, Building #1 T A'20
Camp Murray, WA 98430-5032
OR
Contracts.Off ice@m i I'wa. q 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 Agreerient. ln the absence of a valid claim of exemption from the audit requirements
of 2 cFR part 200 su-bpart F, the subrecipient's failure to comply with said audit requirements may result
in one or more of the foilowing actions in the Department's solediscretion: a percentage_of federalawards
being withheld until the audit is completed in accordance with 2 CFR Part 200 Subpart F; the withholding
or disaltowing of overhead costs; ihe .rsp"nsion of federal awards until the audit is conducted and
submitted; or termination of the federal award.
A.29 SUBRECIPIENT NOT EMPLOYEE
soragentsperformingunderthisAgreement,arenotemployeeSor
agents of the Department in any mannei 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, socialsecurity benefits,
retirement 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 currently employed by a Washington State agency, the Department
shall obtain piop"r approval from the employing agency or institution before entering into this contract.
A statement of ino conflict of interest" shall be submitted to the Department.
A.30 TAXES, FEES AND LICENSES
Unlessotrre@Agreement,theSubrecipientshallberesponsiblefor,payandmaintain
in current status all taxes, unemploiment contributions, fees, licenses, assessments, permit charges and
DHS-FEMA-EMPG-FY24 Page 21 of 44 Kittitas County ' E25-254
expenses of any other kind for the Subrecipient or its staff required by statute or regulation that are
applicable to Agreement performance.
A.31 TERMI NATION FOR CONVENIENCE
Notwithstanoing anylrwisions of tnis Agreement, the subrecipient may terminate this Agreement by
providing writte-n noiic" of such terminatioi to the Department Key Personnel identified in the Agreement,
specifyirig the effective date thereof, at least thirty (30) days prior to such date.
Except as otheruise provided in this Agreement, the Department, in its sole discretion and in the best
interests of the state of Washington, may terminate this Agreement in whole or in part ten (10) business
days after emailing notice. Upon"notice of termination for convenience, the Department reserves the right
to suspend all or part of the Agreement, withhold further payments, or prohibit the Subrecipient from
incurring additionai obligations olf funds. ln the event of termlnition, the subrecipient shall be liable for all
damagjs as authoriz"i ny law. The rights and remedies of the Department provided for in this section
shall riot be exclusive and are in addition to any other rights and remedies provided by law'
R
The DeBartme-t may UnilatCTally term inate or suspend all or Part of this Grant Agreeme nt, or may reduce
its scope of work and budget, if there is a reduction in funds bY the source of those fu nds, and if such
funds are the basis for this Grant Ag reement. The DePartment will email the Subrecipient ten (10)
l'l h. -'
- A.33
ln the event the Department, in its sole discretion,determines the Subrecipient has failed to fulfill in a
timely and proper manner its obligations under this Agreement,is in an unsound financial condition so
as to endanger Perform ance 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 th is Agreement, the DePartment h as the right to immediately suspend or
terminate this Agreement in whole or in part.
The Dep artment may notify the Subrecipient in writing of the need to take corrective action and provide
a period of time in which to cure. The Department is not req uired to allow the Subrecipient an opportunity
to cure if it is not feasible as determined solely within the Depa rtment's discretion. Any time allowed for
cure sha ll not diminish or eliminate the subrecipient's liability for damag es or otherwise affect anY other
remedies available to the Department. lf the Department allows the Subreci pient an opportunitY to cure,
the Department shall notify the Subrecipient in writing of the need to take corrective action. lf the
corrective action is not taken within ten (10) calendar days or as otherwise specified by the Department,
or if such corrective action is deemed by the Departme nt to be insufficient, the Agreement may be
terminated in whole or in Part.
The Department reserves the right to suspend all or part of the Agreement, withhold further payments,
or prohibit the Subrecipient from incurring additional obligations of funds during investigation of the
alleged compliance breach, pending corr6ctive action by the Subrecipient, if allowed, or pending a
declsion by the Department to terminate the Agreement in whole or in part.
ln the event of termination, the Subrecipient shall be Iiable for all damages as authorized by law, including,
but not limited to, any cost difference between the original Agreement and the replacement or cover
Agreement and all administrative costs directly relatei to the replacement Agreement, e'g', cost of
administering tne competitive solicitation process, mailing, advertising and other associated staff time'
The rights and remedies of the o"partm"nt provided for in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law'
lf it is determined that the subrecipient: (1) was not in default or material breach, or (2) failure to perform
was outside of the Subrecipient's control,'fault or negligence, the termination shall be deemed to be a
termination for convenience.
A.34 TERMINATION PROCEDURES
In addition to the procedures set forth below, if the Department terminates this Agreement' the
subrecipient shall follow any proceoures specified in the termination notice. Upon termination of this
Agreement and in addition to any other righis provided in this Agreement, the Department may require
the Subrecipient to deliver to the Departheni any property specifically produced or acquired for the
performance of such part of this Agreement as has been terminated'
DHS-FEMA-EMPG-FY24 P age 22 of 44 Kittitas Countv ' E25-254
lf the termination is for convenience, the Department shall pay to the Sub.recipient as an agreed upon
price, if separately stated, for properly authoiized and completed work and services rendered or goods
delivered to and accepted ny ine'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 whilrr are accepted by the Department, and (iv) the protection and
preservation of proPertY
Failure to agree with such amounts shall be a dispute within the meaning of the "Disputes" clause of this
Agreement.lf the termination is for cause, the Departme nt shall determine the extent of the liabilitY of the
Department. The DePartm ent shall have no other obligatio n to the Subrecipient for termination' The
Department maY withhold from any amounts due the Su brecipient such sum as the Department
determines to be necessary to protect the DePartment against potential loss or liabilitY
reement shall not be exclusive and are in
The. ri ghts- ard-rq4 e. 4qs=qt -t[€ pe rtment ided in this
After receipt of a notice of termination, and except as otheruirise directed by the Departmeht in writing,
the Subrecipient shall
nde reement on the-d
b.Place no further orders or contracts for materials,services, supP lies, equipment and/or facilities
in relation to this Agreement except as may be necessary for completlon oT sucn n oT tne
c.
work under the Agreement as is not terminated;
Assign to the Department, in the manner, at the times, and to the extent directed by the
O"pittm"nt, all of ihe rigtrts, title, and interest of the Subrecipient under the orders and contracts
so ierminated, 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;
setfle all outstanding liabilities and all claims arising out of such termination of orders and
contracts, with the afiproval or ratification of the Department to the extent the Department may
require, which "pptoult
or ratification shall be finalfor allthe purposes of this clause;
Transfer tile to the Department and deliver in the manner, at the times, and to the extent directed
by the Department anv p.p"rty which, if the Agreement had been completed, would have been
required to be furnished to the Department;
Complete performance of such part of the work as shall not have been terminated by the
Departmeni in compliance with all contractual requirements; and
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 *hi.tl the Department has or may acquire an interest'
d
e.
f
g
A.35 Ml D E PR
ln accordance with the leg islative findings and Policies set forth in ChaPter 39.19 RCW, the state of
Washington encourages Pa rticipation in all its contracts by MWBE firms certified by the Office of MinoritY
and Women's Business EnterP rises (OMWBE). To the extent possible,the SubreciPient will solicit and
encourage minoritY-owned and women-owned business enterprises wh o are certified bY the OMWBE
under the state of Washington certification program to apply and compete for work under this contract.
Voluntary numerical MWBE ParticiPation goa ls have been established and are indicated herein: MinoritY
Business Enterprises: (MBEs): 10o/o and Woma n's Business Enterprises (WBEs): 6%.
A.36 VENUE
This Agreement shall be construed and enforced in accordance with, and the validity and performance
shall be gou"inlJ oy, tn" laws of the state of washington. Except for as provided herein, venue of any
suit between the parties arising out of this Agreemenl shall be the superior court of rhurston county,
Washington, and the Subrecipient, Oy executi-on of this Agreement, acknowledges the jurisdiction of the
courts of the state of washington. provides, that if the subrecipient is a federally recognized lndian Tribe,
the parties agree that, in the event either party to this Agreement commences any suit relating to or
arising from the Agreement, the united siatei District c'ourt for the western District of the state of
washington shall hive the sole anJ eicrusive jurisdiction over such proceeding. lf the court lacks federal
DHS-FEMA-EMPG-FY24 Page 23 ol 44 Kittitas Countv' E25-254
A.37
subject matter jurisdiction, then the Tribe agrees to waive its sovereign immunity from suit for the limited
purpose of permitting the State to enfor"ce the terms of this Agieement in the Superior Court of
Washington under Washington law, and venue for such suit shalf be the Superior Court of Thurston
county, washington. this limited waiver of iovereign immunity is solely for the benefit of the state' This
limited waiver of sovereijn immunity shall not be f6r, nor shall it be construed as for, the benefit of any
other person or entity, and the Tribe does not waive its immunity with respect to any aciion brought by'
or on behalf of, any other entity or person'
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 exeicise any iigrrt uaseo upo" a b_reach.thereof, or the acceptance of any performance
Oriring such breach, shall noi constitute a waiver of any right under this Agreement'
DHS-FEMA-EMPG-FY24 Page 24 of 44 Kittitas CountY, E25-254
24EMPG Award Letter
EMS-2024-EP-05000
U.S. Department of Homeland Security
Washington, D.C'20472
Attachment C
Award Letter
Effective date: 03/09/2024
Sierra Wardell
MILITARY DEPARTMENT, WASHINGTON STATE
BUILDING 1 MILITIA DR STATE FINANCIAL SERVICES
CAMP MURRAY, WA SB43O
EMS-2024-EP-05000
Dear Sierra Wardell,
Congratulations on behall of the Department of Homeland Security, your application submitted for the
Fiscal Year (FY\ 2A24 Emergency Management Performance Grants, has been approved in the amount
ol $6,g2.l,gg7.00 in Federal funding. This award of federal assistance is executed as a Grant. As a
condition of this award, you are required to contribute non-Federal funds equal to or greater than
$6,821 ,397.00 for a total approved budget of $13,642,794.00. Please see the FY24 Emergency
lManagement performance Grant (EIr/PG) Program for informalion on how to meei this cost share
requirement.
Be{ore you request and receive any of the Federal lunds awarded to you, you must establish
acceptance of the award through the FEMA Grants Outcomes (FEMA GO) system' By accepling this
award, you acknowledge that the terms of the following documents are incorporated into the terms of
your award:
Award Summary - included in this document
Agreement Articles - included in this document
Obligating Document - included in this document
FY z}z4Emergency Managemenl Performance Grants Nolice of Funding opportunily
FEMA Preparedness Grants Manual
Please make sure you read, understand, and maintain a copy of these documenls in your official file ior
this award.
Sincerely,
-GF..F:P
Patick Marcham
Grants Program Division Director
Region 10
,ffiFEMA
DHS.FEMA-EMPG-FY24 Page25 of 44 Kittitas County, E25-254
Award SummarY
Program: Fiscal Year 2024 Emergency Management Perbrmance Grant
Heciplent MILITARY DEPARTMENT, WASHINGTON STATE
UELEFN D2EJRGZ2PLGE.OOOI
DUNS numbeE 8088833830001
Award number: EM$-2024-EP-05000
Summary descriPtion of award
The Fiscal Year (FY) 2024 Ernergency Management Perfonnance Grant (EMPG) Program is one af the
grant programs that wnstitute DHS/FEIiA's focus on all-hazards emergency preparedness. These
grantprcgrarns are part of a comprehensive set of measures authorized by congress and implemented
by DHS/FEMA b assiststate, local, tribal, and terribrial emergency rnanagement agencies to
-'- implement'fre'National=Preparedness System'and'the National Prepredness-Goal of=a.ecure- and
Amount awarded table
The amount of the award is detailed in the athched obligating Document for Award.
Approved scope of worlt
After revi€w of your application, FEMA has approved the below scope of work- Justificafons are
provided for any differenes between the scqe of work in the orlginal applicafion and tre approved
scope of work under tris award. You must submh scope or budget retrision requests for FEMAs prior
approval, via an amendrnent request, as appropriate per ? c.F.B" $ 200308 ard the FY2024 EMPG
NOFO,
// due to newsysfem inclusion of information with no context, pages 5-12 not inctuded - available on request //
Agreement Articles
Program: Frscal Year 2024 Emerg€ncy Managanent PerformarE€ Grant
R6dpled: MILTIARY DEPARTMENT, WASHINGTON STATE
UEhEFTI D2EIRGZzPLGS'OOO1
DUIIS numbon 80888i!3SS0001
Arrard numbsr: EMS2024-EP-05000
Table of contents
DHS-FEMA-EMPG-FY24 Page26 of 44 Kittitas County, E25-254
artCirii
Article
i2
Article
,3'Article
'4
Artide
l5
Article
,0
Article
-lssurinCis, A6miinistrCiiveEequiremeni!, CoCi frincipiel,EepresEnrEiions, and
:
Certifications
General Acknowledgements and Assurances
Aclmowledgement of Federal Funding lrom DHS
Ac,tivilles Conducted Abroad
Age Discrimination Act of 1975
Americans wilh Disabilities Act of 1990
Best Prtctiees for Collection snd Uee of Personally ldentifiable lnformation
Civil Rights Aut ot 1964 - Title Vl
0
Copyrlght
Debarment and SusPension
Duplicative Cosis
Education Amendments st lg72(Equal opportunlty in Educstion Acr) - Title lx
E.O. 14074 - Advancing Effective, Accounlable Policing and criminal Jusiice
Practices lo Enhance Public Trust and Publlc Salery
EnElgy Policy and Consen ation Act
False Claims Act and Program Fraud Givil Remedies
Federal Debt Status
Federal Leadership on Reducing Text itessaglng whlle Driving
Fly Amerlca Aet o11974
Hotel and Motel Fire salety Act ol1990
John s. McCain National Delense Authorization Act ol Fiscal Yeff2019
Llrnited English Prolleiency (Civll Highls Act of 1964 Title VD
Lobbying Prohibilions
National Environmental Policy Act
Nondiscrimlnation in Matters Perttaning lo Faith-Based oroanizgtions
Non-Supplanling Requirument
cle
ele
DHS-FEMA-EMPG-FY24 Page27 of44 Kittitas County, E25-254
Anicle
t2S
Article
29
Arilcle
130
Article
31
Afiicle
Notice ol Funding Opporiunity Requirsrllents
Patents and lntelledtual Prcperty Rights
Procurement ol Recovered Materlals
Rehabllitatlon Act ol 1973
Reporting ol Matter13 Felated to Fecipient lntegrity and Perlormance
Feporting $ubawards and Executive Compensatlon
ele
Malerlals
SAFECOiI
Universal ldenIifior and Systom of Award Management
USA PATRIOT ACI d zfiT
Use ol DHS Seal, Logo and Flags
Whistleblower Proleetion Aci
Environmental Planning and Histodc PreeerTation (EHP) Review
Appllcabllity of DHS Standard Terms and Condltions to Trlbes
Acceptsncs ol Post Award Changes
Disposition ol Equipment Acquired Under lhe Federal Award
Prlor Approval for llodllicafion ol Approved Budget
lndircct Cost Hate
DHS-FEMA-EMPG-FY24 Page28 of 44 Kittitas County, E25-254
Article 1 Assurancss, Administrative Requiremenis, Cost Principles'
Hepresentations' and GBtlifi calions
i. n!"ipi"ni" must complete either the offce of Management and Budget (oMB)
Standard Form 4248 Assutances - Non- Construction Programs, or OMB $tandard
Form 424D Assurane,€s - Construction Programs, as applicable' Cerhin
assurances in these documents may not be applicable b your program and the
DHS financial assistance offce (DHb FAO) may require applicanb to certify
additional assuranoes. Applicanb are required b fill outthe assuranoes as
instnrcted by the federal awarding agercy.
Recipienb are required to blloar of tre lJniform
Administrative Requirements, Cost Principles, and Audit Requiremente for Federal
Awards in effect as of the federal award date and located at 2 C.F.R. Part 200 and
agree
Artlcle 3 Acknowledgement ol Federal Fundlng lrom DHS
ii;dpi";b *fu acknortedge tlreir use of federal agard tundirg when issuing
stabments, press releases,iequesg for proposal, bid invitatbns, and oher
Oocuments'desctibing projects or programsiunded in whole or in partwith federal
award funds.
DHS-FEMA-EMPG-FY24 Page 29 of 44 Kittitas CountY, E25-254
4Artiele Aciivitiee Conducted Abroad
RecipienF must coordinate with appropriate government aufiorities when
performing project activities outside tre United states obtain all appropriate
licenses, permits, or aPProvals.
Artlcle 5
assistance.
Article 6 Americans with Disabilities Acl ol 1990
Recipienb must comPlY with tre requirements of Titles I , ll, and lll of the Americans :
with Disabilities Act, Pub"L. No. 1 01-336 (1 990) (codified as amended at42 U-S.C'
in the operation of public entities,public and private transportation
Article ? Be6t Practicos tor Golleefion and Use ol Personally ldEntifi abl6 lnformation
Recipients who collect personallY identifi able info rmation (Pll) as partof carrying
outthe scope of work under a federal award are required to have a PubliclY
available privacy policy that desoibes standards on the usage and maintenance of
the Pll frey collect. DHS defines Pllas any information that permits the identity of
an individral to be directly or indirectly inferred,includirE any information that is
linked or linkable b ttnt individual' Hecipients may alsofind the DHS PrivacY
Impact Assessments : Privacy Guidance and Privacy Template as useful resources
respectively.
Age Discrlmination Act ol 1975
R]cipients must comply with tre requirements of tre Age Discrimination Act of
I Sid, puU. L. No. S4-ibS (codified as amended at42 U.S,C. $ 610'l et seq.), which
prohibits discrimination on the basis of age in any program or activity receiving
Civll Rlghls Ac't ol 19e4 - Tiile Vl
H".ipd;b ;usicompty w1h he requirements of Title Vl of the Civ1 Righ6 Act of
t S6d, puU. t-. t{o. ee-Sbz (codified as amended at 42 U-S'C' $ 2000d et seq'},
which provides that no person in the united states will, on fte groundg of raoe,
*ior,J1. naUonal origin, be excluded from participation in, be denied he benefits of,
oiG'subjected m Oi-sciimination under any program or ac,tivity receiving.hderal
financial assistance. DHS implementing regulatibns for he Act are found at 6 C'F'R'
partet. Recipients of an award from he Federal Bnergency ManaSgTgn!{S?ncy
ifii,,fll rurf
"Lo
compty wifr FEMA's implemen1ng regulations at 44 C.F.R. Part
7.
: Anicn A
DHS-FEMA-EMPG-FY24 Page 30 of44 Kittitas County, E25-254
acknowledgement that tte work was Produced
federal award number and federal awarding agency).As dehiled in 2
200.315, afederal awarding agerrcY reserves a royaltY-free,nonexclusive, and
under a federal award (including
c.F.R. $
irrevocable rightto reproduce, publish, or othenrvise
purpoms and to authorize others to do so.
use ttre work fur federal
Article 11
Article 12
Arficle 13
Dobarment and SuePension
n".lpi"n6 rnust compiy with tre non-procurement debarment and suspension
r"guffiil i,"pf*r"riiipg Executive Orders (E.O.) 12549and 12689setforthat 2
C.F.n. part t d0 as imflJmented by DHS at 2 C.F.R. Part 3000. These regulafons
p*t tUli r*ipi"nti fror entering inio covered transactions (such as subawards and
lonra.t*t
"}m
certain parties frat are debaned, suspended, or otherwise excluded
irgr oi in'"rigible for participation in federal assisbnce programs or activities.
Drug-Free Workplace Eegulations
n*6i"ne ,ust comply wit6' drug-free workplace requirements in Subpart B.(or
S'"Uf;tt q if tre ieclii6nt is an iridividuat) of 2 C.F.R. Part 300'1, which adop6the
Goulnr"'nt- *ide implementation (Z C.F.R. Part 182) of the Drug-Free Workplace
Actof 1988 {41 U.S.C' $$ 81 01'8106}'
Duplicattue CosF
R;fi6G are prohibited lrom charging anycost b this federal award that will be
ir*fri"O """"i"tor used to meetcos[sharing or matching requkements of any
ottrer feOeral award in either the cunent or a prior budget period. {$ee 2 C'F'R' $
ziiO.aOg6t. Hoil,Bver, recipients rnay shift costs that are alloarable under two or
more teCeiat awards where othenrise pe.rmitted by federal statubs, regulations, or
the federal financial assistance award terms and conditions'
DHS-FEMA-EMPG-FY24 Page31 ot44 Kittitas CountY, E25-254
Article 14 Educalion Amendments ol19?2 (Equal Opportunity in Educttion Act) -
TitlB lx
neclpi.enemustmmplywiththerequirements_oJTitlelXoftheEducation
nr*nOr"ns ot t972, Fub' t-- trto- sb-st s (codified as amended at 20 U'SC' $.
i gei
"t
*q.1, *hich [rwide th"i no p"rson in theUnited States,flill, on the basis of
""i, Ur
"*"iuOed
from participation in, be denied fre benefits of, or be subjected to
discrimination unOe, any eduiltio*l ptogt"t ot activity receiving federal financial
;ri"t"d. DHS implementing regulations are codified at 6 C'F'R' Part 17'
n*Jpu^G J"rrau*to trom de Fideral Emergency ManagementAgryy (!eun)
rnu"i"r"o *nlply with FEMA's implementing regulations at 44 c.F.R. Part ','9.
Adicle 15 E.O.14074-Advancing Effeeiive'Accounlable Policing and
Justice Practices to Enhance Publie Trust and Public SaletY
Recipient $tate, Tribal, local, or terribrial law enforcement agencies mustcomPlY
Aflicle 16
Article 17
Artlcle 18
Artiele'19
Energy Policy and Consentation Act
n".lfr6nu tu'"t comply with he requirem*ents of tre Energy Policy and - . . ^ ^
Con#nrationnct pub. L- f.fo. SA-r fi3 (r gZS) (codified as amended at 42 U.S-C' $
eZOtetseq"),whichconhinpolicies,etatingbenergyeficiencythataredefinedin
the $tate e#igy conservation plan issued in compliance with this Act.
False Claims Act and Program Fraud Civil Remedies
it".lpi-"t" r"sr cornply with-fre requirements oJtre False Claims Act, 31 U'S'C'
bS iiZS- gZig, ;hich irohibit the submission of false or fraudulent claims for
livmentto tre Federal Government. (See 31 U.S.C. Sg 3801-3812, whichdetails
i#iJtinilt"tiu" remedies for false claims and slatements made')
Federal Debt Status
Itt ie"ipient* ate required to be non'delinquent in heir repayment 9f 31l-t*51
i"Ui. e'*"r"pf"s of teteuanf Uebt include delinquent payroll and other taxes, audit
Oioflo*"to", and benefit overpayments' (See OMB Circular A-129')
Federal Leadership on Heduclng Text Messaging while Drlving
Recipienb are encouraged to adopt and enforce policies that ban text mesmging
tntt1d-Ortuing reeipient-o:wned, recipient-renbd, oi privately owned vehicles when on
omai"lgouJnt"nt business or when perfonning any work fur or on behalf of he
F*d"riCou"rnmen1 Recipientsare also encowaged to conductttre initiativesof
the type described in Section 3(a) of E-O. 13513'
or
DHS-FEMA-EMPG-FY24 Page 32 ot 44 Kittitas CountY, E25-254
Article Ltr Fly America Ael o11974
necipiene musl comply with Preference for u.s" Flag Air 9ry1ot {a list of certified
aii carriers can be found at Certificabd Air Carriers ust I US Department of
iransportation, httpslAmnr.fansportation.gov/polhy/aviation-policy/certificated'
air-cairlerslistjfor international aii tansportation of people and property.to the
u*trnttt'"t *a'i' servicc isavailable, in accordance with fre lntemational Air
ir*"po,t"tio^ Fair Competitive Practic,es Act ot 1974,49 U.S,C. g 4O118' and the
iilrd-d$";;ulietines tssued by the Comptrolle_r General of the United States in
the March 3i i 981 , amendment b Comptoller General Decision B'138942-
Recipienb must ensure thatall conference'mee{ing, c,onvention, or space
funded entirelY or in Part bY federal award funds comPl ies with the fire Prevention
and confol guidelines of Section 6 of the Hotel and Mobl Fire Safety Act of 1990,
Article 22 John S.Nstional Year2019-
Recipients,subrecipients, and treir contractors and subcontractors are subiect to
the prohibitions described in section 889 of the John S. McCain National Defense
Ar.lthorization Act for Fiscal Year 201 9, Pub. L. No. 115-232 (2018) and 2 C.F'R. $S
200.21 6, 200.327, 2OO.471,and Appendix llto 2 C.F"R. Part 200. The statub - as
it applies to DHS recipients, subrecipienb,and their contractors ard subcontractors
- prohibiF obligating or e4ending federal award funds on cerhin
telecommunications and video surveillance
entities for national security reasons.
products and contracting with certain
Artlcle 23 Llmlled Engllsh Proffclency (Civil Rlghts Act ol 1964' Tltle VD
n".lpru"e m-ust compty wittr ii1e Vl of tre Civil Rights Act of 1964 (42 U q q $
ao-ofO et ieq j prohibition against discrimination on the basis of national origin,
*nnn r"quir"" inat reciplene of federal financial assistance take reasonable steps
io piouio6'r""ningful access to persons with limited English proficiency (LEP) to
iil;-p;gfifi anJ services. Foi additional assis6nce and information regarding
tanguagJ access obligations, please refer b the DHS Recipient Guidance:
itttiryiir'*r"Ott*.govlguidance-published'help- department-supPgrled-.
organit"tion*-prJUae-meanlrBfu l-access'people'limited and additional resources
on trttp/irulvw.leP.gav'
Lobbying Prohlbitlong
neclpLnft rnust compty with gl U.S.C- g 1352 and 6 C.F.R. Part 9, which provide
thai none of the funds frovided under a iederal a',trard may be expended by the
recipient b pay any person to influence, or attempt b influence an offer or
"ritoyee
oi anv ai6tnv, a Member of Congress, an offcer or snployee of , ,
Coigi;;, o, # efiployee or a Member of Congress in conrection wittr any federal
actioin rgiteO U a fi6ea award or contrac! including any exbnshn, confruration,
isrewaf , anendment, or modification. Per 6 C.F.B. Part 9, recipients mmt file a
lobbying certification form as described in Apperdix A to 6 C.F.H. Part 9 or
avaitaUi on Grants.gov as the Gran6.gov Lobbyir* Form and file a lobbying
Jigo"ur" form as d-escribed in Appendix B to 6 C.F.H. Part 9 or availage on
Grantsgor as tre Disclosrre of Lobbying Ac'tivitis {SF-LLL}'
Article 24
DHS-FEMA-EMPG-FY24 Page 33 of44 Kittitas CountY' E25-254
Article 25 National Environmental Polacy Act
n".ld"ne must comply with freiequhements of fte National Environrnental Policy
Actot t geg, Pub. L. l,to. st -t go (1970) {codified as amended at 42 U.$.C- $ 4321
eGq.) 1ff ee4 and the Gouncil on Entdronmenhl Qrnlity (CEQ) Regulations for
irpi.il"nting the procedural Provisions of NEPA, which require recipients to use
"rr
"p*"ti."ur-" *eans within their arthority, and consisbnt with other essential
*'irlU"rufion" of national policy, to create and maintain conditions under which
people anO natrre can ex;st in pioOueive harmony and fulfilt tlre social, economic,
and'other needs of present and fut-rre generat'rcns of Americans'
Artiele Zf
Article 28
Article 29
Non-supplanting Requirement
n"clpi"rid ot t"OJd awards under programs that prohibit supplanting by law must
ensure that federal funds supplement btrt do not supplant non-federal lunds that, in
the absence of such federal funds, would otrerwise have been made available br
the sarne purpose.
Notice ol Funding Opportunity Hequirements
ntittre instlrctions,*guldince, limitations, scope of work, and other conditions set
forth in the Notice oiFunding Opportunity (NOFO) for this federal award are
incorporated by reference- Al recipients mry! ggmply witfr any srch. requirements
didrft in the'NlOFo. lf a condition of fre NoFO is inconsistent with ftese terms
and conditions and any such terms of the Altnrd, the condition in the NOFO shall
6"lnu"riO to the extenf of the inconsisbncy. The remainder of hat condilion ard all
other conditions set furth in the NOFO shall remain in effect'
Patents and lntellectual Property Rights
necipienearesubjecttotheBaytrDole_Act,39t1.s.1c.$200etseq.arrdapplicable
i"gui"tioni gouerning inventions and pa9n!6, including tre regulations issued.by
tf,E Oeparftient of Cimmerce at 37 i.F.R. Part 401 (Righb b lnventions Made by
Nonprofit organizations and small Business Firms under Government Awards,
Con[""ti, aid Ccoperative Agreements] and the standard patent r'rghts clause set
forth at 37 C-F.R. $ 401 .14.
to
It is DHS policy b ensure the equal treatment of
service programs administered or suPPorted bY DHS or iF comPonent agencles,
enabling those organizations to participate in Providirq important social services to
and
of&itlt-
in individual DHS programs.
DHS-FEMA-EMPG-FY24 Page 34 of 44 Kittitas CountY, E25-254
Article 3{l Procurement ol Recovered Materials
shtes, political subdivisions of slates, and their conractors must comply with .
$*tion'sooe of the Sotid Wasb Disposal Act, Pub. L. No.89-272 (1965) {codified
as amended by the Resource Conservation and Recovery Act at 42 U"S.C- $ 6962)
"no
e c.p.n" $ zooses. The requiremenb of section 6002 include procuring only
items desigrn:ted in guidelines of the Environmental Protection Agency (EPA) ata0
C.f.n. parl Z+Z thationtain tre highest percentiage of recovered materials
practicable, consistent with maintaining a satistacbry level cf competition.
Artlcle 32
Artlcle 3i!
Reportlng ol Hattens Related to Reclpient lntegrity and Perlormance
lf fie Utal-value of any currengy active grants, c,ooperafive agreements, and
procwement contracb from all federal awarding agencies exceeds $1 0,000,000 for
any period of time during the period of performance of fre fuderal award, then he
rediiient must compy wltn the requirements set forth in the govemment-wide
Award Term and Condition for Recipient lntegrity and Performance Matters located
at 2 C.F.R. Part 200, Appendix Xll, the full text of which is incorporated by
reference.
Reporflng Subawards and Executive Compensalion
Foi federai awards frat eqrnl or exceed 930,000, recipients are required to comply
with fre requirements setiorth in the government-wide award terrn on Reporting
subawards and E:<ecutive compensation setforth at 2 c.F.R. Part 170, Appendix
A, the full text of which is irrcorporated by reference'
with of
Act of 1 973, Pub. L. No. 93"1 12 (codified as amended at 29
provides that no othenrise qrnlified handicapped individuals in the United States
will, solely by reason of the handicap, be excluded from participation in, bedenied
DHS-FEMA.EMPG.FY24 Page 35 of 44 Kittitas County, E25-254
Article 34 Required Use of Amerlcan lron, Sleel, Manulaelured Producls' and
preference onlyappliesto articles; materials; and supplies thatare consumed in,
incorporated into, or affxed to an infrastructure proiect. As such, it does not apply to
tools,equipment,andsupplies,suchastemporaryscafiolding,broughttothe
construction sib and removed at or befure the completion of the infrastructure
project. Nor does a Buy America preference apply to equipment and-furnishings'
iuci as mouable chairs, desks, and portable computer equipment, that are used at
or within the finished infrastructure projec't but are not an integral part of the
strucujre or permanently affxed to the infrastructrre proiect. waivers.when
n""otuw, recipients rnav apply for, and the agency may grant, a waiver from these
requirements. The agency should notify the recipient for information on the process
for requesting a waiver from these requirements. (a) when the Federal agency has
determined that one of the follosing exceptions applies, the awarding offcial may
waive fre application of tre domestic content procurement preference in any case
in which thti igency determines that (1) applying the domestic content proslrement
preference *duld be ittconsistent wite the public interest; (2) tire types of iron, steel,
manufacmed producb, or construclion materials are not produced in fre United
States in suficientand reasonably available quantitie$ or of a satisfacbry qulity; or
(si the inctusion of iron, steel, manufactured products, or constuction materials
irbOuceu in th€ United Stabs will increase the cost of the overall poject by more
itr* ZS p"r6nt. A r€quest ta waive the application of the domestic content
frocwement prsfurenc€ must be in writing. The agency will provide instruc'tions on
ihe format, contents, and supportirq mat€rials required 1or any waiver reque$.
Waiver requwb are subjeci to public comment periods of no.less than 1 5 days and
ru* U" reviewed by fraMadein America Offce. There may bo instanc,es where an
award qualifies, in whole or in part, for an existing waiver describe9 I'guy
America' Preference in FEMA Financial Assistance Programs for lnfrastrucilre I
FEMA.gov- Definitions The defirftions applicaHe b this term are set forh at 2
C.F.R. $ 1843, the full text of which is incorporated by reference'
manufactured product,anotheistandaid for deteimining the minimum
amount of domestic content of he manufaehred product has been established
under applicable law or regulation;and (3) all construction materials are
for ths constrction material occurred in the United Stabs' The Buy
DHS-FEMA-EMPG-FY24 Page 36 of 44 Kittitas County, E25-254
Artiele 35 SAFECOM
n".lpi""e receiving federal financial assistance asards made under programs that
provide emergency communication equipmentand its related activities must comply
with fre SAFECOM Guidance for Emergency Comrnunication Grants, including
provisions on technicat standards that ensure and enhance interoperable
communications. The sAFECOM Guidarce is updated annually and can be found
at Funding and Sustainment I Cl$4.
Article 35 Tertofist Financing
organizations associated wih terrorism.are legally responsible for
on
ensuring compliance wifr the E.O- and laws.
reference.
Article 38
Article 39
Universal ldEntifier and System ol Award ilansgement
RecipienF are required to comply with the requirements set lorth in the
go,/ernm;nt-wide hnancial assistance award term regarding the SystemJor Award
ttanagementand Universal ldentifier Requiremen6 located at2 C.F'R. Part25,
nppendix A, tfre full text of which is incorporated reference-
USA PATRIOT ACt OT 2{x)1
ReddenF must cornply with requirements of Section 817 of the Uniting and
Steigthening Ameriia by Providing Appropriate Tools Required to lntercept and
OGtriC f"riorism Act oi 2001 {USA PATRIOT Act), which amends 18 U'S.C. $S
175-17tu.
Use of DHS Seal, Logo and Flags
Recipiene must obtain-writen pamission from DHS prigr !9 using the !t]! seils,
iofii
"r""tr,
or reproductions of flags, or likenesses of DHS agency offcials. This
inludes use of DH-S component (e.g-, FEMA, CISA, etc') seals, logos, crests, or
reproductions of flags, or likenesses of component offcials'
Aniele lt{l
ffticle 41 whlsllehlower Proteetion Act
Recipienb must comply wih he staMory requiremenb br whistledower
protections at 10 U.S.C $ 470141 U.S'C. $ 4712-
DHS-FEMA-EMPG-FY24 Page37 of44 Kittitas County, E25-254
Article 42 Environmental Plannlng 6nd HIstodG Preseruatlon (EHP) Revlew
DHS/FEMA funded activities that may require an Environmental Planning and
Historic Preservation (EHP) review are sub,iect to the FEMA EHP revieur process-
This review does notaddress all federal,state, and local requirements- Acceptance
of federal funding requires the recipientto comply witr all fuderal, state and local
laws. DHS/FEMA is required to consider the potential impacF b natrral and
cultural resources of all proiects fLrnded by DHSiFEMA grant funds, frrough iE EHP
rwiew process, as mandated bY:the National Environmental FolieyAct; National
Article tl3
Article 44
Artiele tl5
Historic Preservation Act of I 966,as amended; National Flood lnsurance Program
regulations; and any other applicable laws and executive orders. General guidance
applicant guidance on to submit informationfor EHP revierr depends on the
indMdualgrant program and applicants should conhct treir grant Program Officer
to be putinto contac't with EHP stafi responsible for assisting ttreir specific grant
Appllcablllty ol DHS $tandard Terms and Condllions io Trlbes
f fti OUS Sdndard Terms and Conditions are a restaEment of general
requirements imposed upon recipienb and flowdorvn b stb+ecipients a6 a matter
of law, regulation, or executive oider. lf the requirement does not apply to lndian
tribes or frere is a federal law or regulation exempting its application to lndian
tribes, ihen the acceptance by Tribes of, or acquiescence to, DHS Standard Terms
anO donOitions does not change or alter its inapplicability to an lndian triLc' The
execution of grant documents is not intended to change, alter, amend, or impose
additional tiability or responsibility upon the Tribe where it does not already exist'
Acceptance ol Post Award Ghanges
ln tre,event FEMA determines that in error in the award package has been made,
or if an adminisfative change must be made to the award package, recipients will
be notified of the change in writing. once fre notif cation has been made, any
run""qu"nt r"ques6 f6r funds will indicate recipient acceptance of the cha T 16
the award. Please call FEMA Grant Management operations at {866) 927-5O46 or
via e-mail to: AsK-GMD@lemadhs.gov if you have any questions'
Di$position ot Equlpment Acqulred Under the Federal Award
Foi purposes of original or replacement equipment acquired under ihis award by a
non-state recipient or non'state sub'recipi€nts, n'hen that equipment is no longer
needed for the or'rginal projec.t or program or fur other activities curently or
preoiously suppori'ed by a'federal anrarding agency, you must request instwtions
irom f fUfn ni mat<e proper Oispmitkxr of the equipment p.rrsuant-to 2 G.F.R.
section 200.313. staie recipients and stab sub-reciSrients must fdlow he
disposition requirements inaccordanc,e with stab laws and procedures'
DHS-FEMA-EMPG-FY24 Page 38 of 44 Kittitas County, E25-254
Article 46
construction work,FEMAis utilizing its diCCi*ion under 2 C.F.R. section 200308th)
(5) to requke the recipientto obtain Prior written approval frorn FEMA before
making any fund or budget fansfers bet.rreen the two types of work. You must
Finamial Heport (SF-425) you submit following anY budget regardless
whether-tlre budget deviation requires prior written aPProual.
Artiele 47 lndircet Cost Rate
IE.f.n.
"*"ton
p002't l (bX15) requkes the terms of the award to include the
inJr*"t *"t rate for he teo'erat'awaro. lf applicable, the indirect cost rate for this
awarO is sAteO in tre budget documents oi otlrer materials approrred by FEMA and
irrcluded in the award file.
I
DHS-FEMA-EMPG-FY24 Page39 ot 44 Kittitas CountY, E25-254
Obligating document
Gonirol No.Type ofBecipient
6001095
AmendmentAgreement No,
Payment Office and
e=Strset,.$.W.
ress
Financial
Branch
.lssuing FEMAOlfice
FEMA Region X
130 228th Street, $.W
Address
Recipient Name and Address
MILITARY DEPARTMENT,
ASHINGTON STATE
MURRY BUILDING 1
IJR
-4600
0a.Phone 10. Name of FEMA ProieclName ol ReciPienl
Grant Grant27121
'14. Perlormance
Period
10/01/2023 to
09/30/2026
Budget Perlod
10i0'l/2023 to
o9BAl2026
3. Assistance
SHARING
Method of
ER - FEMA
1. Elfective Date of
912A24
is Action
of Ac'tlon a.fundi data lor awards or financlal15.
Current
Action +
Data
Listing No.
Totals,397.00,397.042 1
07-;om<-
821,397.00
and check here:
N/A
fi nanclal changes, attachTo describe changes other than tundlng data or
field is not for
1?. HECIPIENT SIGNATORY OFFICIAL {Name and Title}DATE
09111Wardell
OFFICIAL (Name and Tllle)DATE
gglwfi2a?'410
8. FEilIA SIGIIIATORY
Dlvislon DlrectorMarcham, Grants
DHS-FEMA-EMPG-FY24 Page 40 of 44 Kittitas County, E25-254
Attachment D
WORK PLAN
FY 2024 Emergency Ma ent Performance Grant
The purpose of this attachment is to identify the activities planned by the Subrecipient under this Grant
Agreement, funded by EMPG and required
EMPG by the EMPG Program Manager.
match funding, and subsequentlY approved as allowable under
E Kittitas County Sheriff's Office
PROJECT #l TITLE
PROJECT DESCRIPTION
Level3 Witdfire Evacuation Rood Barriers with Signs
This project will fund the purchase and deployment of durable, hig h-visibility Level 3 wildfire evacuation road closure
barriers with signage that can be quickly deployed at strategic road way access points during wildfire incidents to halt
s 3esn orve
or shifters can install them as evacuation zonesfirst res
ity,
e S dnrdhazausoareas.horiut enzed nto signhelunaardersandfirectiveotionratryatevacuos/p ng preventronpe
dan rtable os atthmeSbilistaforreflectivepoeastblreadafearomdnighttiersrflwtdesbeedbence,toba lytgn
OUTEOME
The desired outcome of the
the likelihood of residents o
project is to increase public awareness and compliance wit
r visitors attempting to travel into active fire zones. By clea
h evacuation orders, reducing
rly marking closed roads, these
barriers with signs will also enhance first responder safety, allowing firefighters, law enforcement, and emergency
personnel to focus on evacuation operations and fire suppression rather than repeatedly redirecting traffic'
DHS-FEMA-EMPG-FY24 Page 41 of 44 Kittitas County, E25-254
Attachment E
TIMELINE
FY 2024 Emerg ency Management Performance Grant
The purpose of this attachment is to identtfy applicable and agreed uPon due dates for Grant Agreement
milestones to include detiverables that must be submitted to the Department.Both the Department and the
Subrecipient shattmonitor adherence with the dates below'
TASKDATE
Grant Agreement Start DateJanuary 1,2026
Grant Agreement End Date - allwork must be completeSeptember 30,2026
Submit final reimbursement request, final report, training
areu-N ove rn be pl .5 -2Q26: ::
DHS-FEMA-EMPG-FY24 Page 42 of 44 Kittitas County, E25-254
Attachment F
BUDGET
ncy Man ent Performance GrantFY 2024 Emerge
The purpose of this attachment is to identify how the funding is budgeted Per the identified activities in the
Work Plan. lf funding is identified as not being required, contact the Department KeY Personnel as soon as
posslb/e so funding can be reallocated
24EMPG AWARD s
SOLUTION
AREA BUDGET CATEGORY
Personnel & Fri Benefits('Travel Diem
EMPG AMOUNT MATCH AMOUNT
s
s
s
s
z
3o-
Consulta ractS
Other
Eiem
lies
Consulta cts
Other
Personnel & Frin Ben efits
Diem
Su res
Co nsu ltants/contracts
Other
Personnel & Frin Benefits
r Diem
Su tes
Cons
Other
ut ment
Personnel & Frin Benefits
Travel/Per Diem
Su tes
Cons
Other
lndirect
s
subtotal S
Subtotal
s
Subtotal $
Subtotal
Subtotal 5
000
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Indirect Cost Rote on file 0.00% for Time Period of: N/A
TOTAL Grant AMOUNT:
The subrecipient will provide a match of $2,000 of non-federal origin, 50% of the total project cost (local budget
plus EMPG award).
cumulative transfers to budget categories in excess of ten percent (a%) of the Grant Agreement Amount will
not be reimbursed without piior written approval from the Department'
Funding source: U.S. Department of Homeland security - Pl#743PT - EMPG
DHS-FEMA-EMPG-FY24 Page 43 of 44 Kittitas countv' E25-254
Attachment G
BUILD AMERICA, BUY AMERICA ACT SELF.CERTIFICATION
The undersigned certifies, to the best of their knowledge and belief, that:
The Build America, Buy America Act (BABAA) requires that no federalfinancial assistance for "infrastructure"
projects is provided "unless all of the iron, steel, manufactured products, and colstruction materials used in the
broject are produced in the United States." section 70914 of Public Law No. 117-58, SS 70901-52.
The undersigned certifies that for the lnsert Project Name and Location that the iron, steel, manufactured
products, and construction materials used in this contract are in full compliance with the BABAA requirements
including:
" === .:1 :-:Al I i rcin an d=te-eFu se'd:i n:th e'proi ecta re-p rod u ced=inlhe"United-states=T=hismeans alFmanufaeturing-- ..
processes,m ng ea
2. All manufactured products P urchased with FEMA financial assistance must be produced in the United
States. For a red to be considered in the United States, the cost of the
- componentSrcf the-manufactu n
tsg reater than 55slo of the total eost of all components of the manufactured product, unless anolher
standard for determining the minimum amount
established under applicable law or regulation'
of domestic content of the manufactured product has been
3. All construction materials are manufactured in the United States. This means that all manufacturing
processes for the construction material occurred in the United States.
Signature of [Contractor's or Subcontractor's]Authorized Official
Enter Name and Title
wame anO Title of [Contractor's or Subcontractor's] Authorized Official
Date
,,The [Contractor or Subcontractor],
-,
certifies or affirms the truthfulness and
accuracy of each statement of its certification and disclosure, if any. ln addition, the [Contractor or
Subconiractorl understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for
False Claims ind Statements, apply to this certification and disclosure, if any."
DHS-FEMA-EMPG-FY24 Page 44 of 44 Kittitas County, E25-254
SIGNATURE AUTHORIZATION FORM
WASH INGTON MILITARY DEPARTMENT
Camp Murray, Washingto n 98430-5122
Please read instructions on page 2 before completing this form.
(sAF)
DATE SUBMITTED
Kittitas County
NAME OF ORGANIZATION
AGREEMENT NUMBER(S)
E26-254
GRANT PROGRAM - AcronYms AccePted
24EMPG
,1. AUTHORIZING AUTHORITY
TITLE & TERM OF OFFICE
tf
PRINT OR
TYPE NAMEE-SIGNATUREPHYSICAL SIGNATURE
Sheriff/December 2026Clay Myers
2. AUTHORIZED TO SIGN AGREEMENTS / AMENDMENTS
TITLE & TERM OF OFFICE
(tf ble
PRINT OR
TYPE NAMEE-SIGNATUREPHYSICAL SIGNATURE
Sheriff/December 2026Clay Myers
3. AUTHORIZED TO SIGN REQUESTS FOR REIMBURSEMENT
TITLE & TERM OF OFFICE
lfa icable
PRINT OR
TYPE NAMEE-SIGNATUREHYSICAL SIGNATU
Chief Administrative DePutYNancy Shaff
Chief DeputyDarren Higashiyama
SAF Revised 5/8/2024
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