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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 z |9to TrlrlItt |J&lrlX IJJ (tzz E, CL fdu s d s s s cts btotaSu s 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 Page of--