HomeMy WebLinkAboutFully Executed Agreement (3)Washington State Military DePartment
EMERGENCY MA ENT PERFORMANCE GRANT AGREEMENT FACE SHEET
um
E26-241
Agreement
$25,254
Agreement Amount:
Kittitas, County of
Sheriffs Office
Road307 West
ubrecipient Name
September 30,2026
6. Grant End Date:Start Date:
June 1, 2025
5. Grant
Darren Higashiyama,509-933-8206
4.S phone/email:
9. UBI # (state revenue):
192-002-673
8. Unique Entity ldentifier (UEl):
WQ23XPBSAU44Deborah Henderson, 253-5'12-7 47 0
7 Contact, p
lctt of llonrcarrd [lrc U.9.hrrctrIWaslritLurt 9[ale
10. Funding Authority:
& Title:
97.042
Award Date:12.(FArN);
EMS-20
11. Federal
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349
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14.7 Amount:
1 9. WomenlMinoritY-Owned, State
Certified: Xrun trnofI YES OMWBE
18. Service Area bY CountY(ies):
Kiftitas County
17. Service Districts:
(BY LEGISLATIVE DISTRICT): 13 ICONGRESSIONAL D
21. Contract TYPe (check all that
El Agreement
applv):X Grant
39.
! Contract
Agreement Classification:
I Personal Services D Client Services Xl PubliclLocal Gov't
20.
tr fl nre n
23. Subrecipient Type (check all that apply):
n Private Organizationllndividual
K puntic Organization/Jurisdiction
n For-Profitfl Non-Profit
N CoNTRACTOR SUBRECIPIENT
E "to all who apPlY & qualifY"
n sob source
I Competitive Bidding
[] A/E RCW I NIR
Filed w/OFM? [ Advertised? n YES il ruo
22.
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Process:s
24
n.PladescriasbedtheWorkthoseprograms
EMS-2025-EP-05001LetterrdNoGrantforDHS25EMPGAwaPass-th E theoftstheandntltyTheRecipientroughDepartment fundsaward toamadeofsubawardFederalcAttachmenthasandandtnheretoattachedasichwhtsincorporated("Granf'),Federalof fundsawardforentu3eaccoutstontabletheDepartmThethtoSubrecipientistheSubreciAgreement.plent pursuant
ndsfutheassociatedthunderis
ncl all referencedthisofandtermsudingtheAgreement,theWHEREOF and acknowledge acceptWTNINESSDepartmentSubrecipient
Thisbelow.the dateasofthisexecutedandhavehereofAgreementadeandmtnarewhichpartAttachmentsincorporatedhereby
AwardPG Letter25EMandTermsConditionsB);ment General (Attachment&Terms A);ConditionsSheet;Face (AttachSpecialAgreement nt ldBui BuyAmerica,Timeline F);PlanWork E);udget (AttachmeD);(Attachments-2025:EP-05001EM c);(Attachment(Attachment
nherei allcontain termstheandrateddocumentsreferencedincorpondotherallSelf-CertificationAct expresslyericaG);(AttachmentAm
Noreement.othertheofto understandings,thisthehtsob Agndtheigationspartiesandconditionsandpartiesgovernriguponagreedby
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precedence in the following order:
1. Applicable Federal and State Statutes and Regulations
2. DHS/FEMA Award and program documents
4. Special Terms and Gonditions
5. General Terms and Conditions, and,
reference
shall be resolved by givingless otherwise provided herein, the inconsistencyln the event of an inconsistencY in this Agreement, un
3.and the ent6. Other
FOR THE DEPARTMENT:4 /- ,i -
Signature Date
Seth Daniel Nickerson, Chief Financial Officer
Washington State Military Department
BOILERPLATE APPROVED AS TO FORM:
David Merchant October 1, 2025
Assistant Attorney General
specified below.
f 1
Date
Date
FOR THE SU
executed this Agreement on the day and year, the parties
Clay Myers, Sheriff
Kittitas CountY Sheriffs Office
APPROVED AS TO FORM (if applicable)
DHS-FEMA-EMPG-FY25 Page 1 of 50 Kittitas County , E26-241
Attachment A
SPECIAL TERMS AND CONDITIONS
ARTICLE I. KEY PERSONNEL
The individuals listed below shall be considered key personnel for point of contact under this Agreement' Any
substitution of key periJnnir nv bithei bartvirrarr id riiioe nv writteh notiflcation to the current key personnel.
S IENT ARTMENT
ARTICLE II. ADMINISTRATIVE AND/OR FINANCIAL REQUIREMENTS
The subrecipient shall comply with all applicable state and federal taws, rules, regulations, requirements and
il"grr* guiirn"" identified or referenced in this Agreement and the informational documents published by
DHS/FEMA applicable to the 25EMpG program, iicluding,. but not limited to, all criteria, restrictions, and
*-q;i;;;ni* bi;;rr," Department of Hometa"nd security (DHs) Notice of Funding opportunity (hJoFo) Fiscal
year 202s emergencyiiiiigri"it performance Grant'Program" (herea{gr.lthe NoFo"), lhe Prep-aredness
Grants Manual, FM-207-2g-0d01 Rugus t2025 (hereafter "the illanual;1, the DHS Award Letter for the Grant, and
1.r" t"o"rur regutations commonly ipplicable io DHS/FEMA grants, all of which are incorporated herein by
ref"run.". Th;DHS Award Letteiis ihcorporated in this Agreement as Attachment C.
The subrecipient acknowledges that since this Agreement involves federal award funding, the performance
p"rioJ ,rv riegin prioi to thiavaitability of appropiiated fe$9rgl funds. The subrecipient agrees that it will not
hold the Department, the State of Washington, or the United States liable for any damages, claim for
reimbursement, or uny iyp" of payment whltsoever for services performed under this Agreement prior to
distribution of appropriat"ci f"o"rit funds, or if federal funds are not appropriated or in a particular amount'
A. STATEAND FEDERALREQUIREMENTS FORDHS/FEMA PREPAREDNESS GRANTS:
The following l"qrii"ments apply to all DHSiFEMA 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 th'e disbursement of 25EMPG funds received under this Agreement casts the
party i"ceiving the funds in the role of a subrecipient or contractor in accordance with 2
cFR 200.331.
b. lf the Subrecipient becomes a pass-through entity by making a subaward to a
subrecipient:
i. The Subrecipient must comply with all federal laws and regulations applicable to
pass-through entities of 25EMPG 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 applicable to the 25EMPG Program, inclu9ingl but not
ilmiteO to, all criteria, restrictions, and requirements of the NOFO, the Manual,
DHS-FEMA-EMPG-FY25 Page 2 of 60 Kittitas County ' E26-241
Deborah HendersonNameDarrenName
Title ooPGhiefTitle
Email orah.henders ovitEmailkittitas.wa.usdarren.
253.512-7470Phone509-933.8206Phone
Feter DralNanreNamsg
ManaTitleSheriffTitle
Emailwa.usclEmail
253-337-7617PhonePhone509-933-8206
Nancv ShaffName Name General lnformation
Title
Email wa.usnanGy.s prepared ness. grants@m il.wa' govEmail
509-962-7685Phone
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
25EMPG federal award funds provided to its subrecipients, and associated
matching funds, are used in accordance with applicable federal and state
statutes and regulations, and the terms and conditions of the federal award set
forth in this agreement (Attachment C).
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 di$covery,
BUDGET, REIMBURSEMENT, AND TIMELINE
a. Within the total Grant Agreement Amount, travel, subcontracts, salaries, benefits, printing,
equipment, and other goods and services or other budget categories will be reimbursed
on an actual cost basis upon completion unless otheruvise provlded in this Agreement.
b. The maximum amount of all reimbursement requests permitted to be submitted under this
Agreement, including the final reimbursement request, is limited to and shall not exceed
the total Grant Agreement Amount.
c. lf the Subrecipient chooses to include indirect costs within the Budget (Attachment 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 $35 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 a subrecipient), the Subrecipient must either elect to charge a de minimis rate
of fifteen percent ('llYo) or 15o/o of modified total direct costs or choose to
negotiate a higher rate with the Department.
d. For travel costs, the Subrecipient shall comply with 2 CFR 200.475 and should consult
their internal policies, state rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as
now existing or amended, and federal maximum rates set forth at hltpsi/www.qsallov,
and follow the most restrictive. lf travel costs exceed set state or federal limits, travel costs
shall not be reimbursed without written approval by Department Key Personnel. All
international travel requires prior FEMA approval. All international travel requires prior
FEMA approval.
e. Reimbursement requests will include a properly completed State A-19 lnvoice Form and
Reimbursement Spreadsheet (in the format provided by the Department) detailing the
expenditures for which reimbursement is sought. Reimbursement requests must be
submitted to Reimbursements@mil.wa.qov no later 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
requirements of this Agreement and be made available upon request by the Department
and auditors.
DHS-FEMA-EMPG-FY25 Page 3 of 50 Kittitas County, E26-241
g The Subrecipient must request pflgg written approval from Department Key Personnel to
waive or extend a due date in the Timeline (Attachment E). Waiving or missing deadlines
serves as an indicator for assessing an agency's level of risk of noncompliance with the
regulations, requirements, and the terms and conditions of the Agreement and may
inCrease required monitoring activities. Forwaived or extended reimbursement due dates,
all allowable costs should be submitted on the next schoduled reimbursement due date
contained in the Timeline. This request must be submitted to the Department Key
Personnel sufficientlv in advance of the due date to provide adequate time for
Department review and consideration and may be granted or denied within the
Department'g sole discretion.
Allwork underthis Agreement must end on or before the Grant Agreement End Date, and
the tinal rermbursement request must be submitted to the Depaftrnent Wlthln the tlme
period notated in the Timeline (Attachment E) except as othennrise authorized by either (1)
written amendment of this Agreement or (2) written notification from the Department to the
Subrecipient to provide additional time for completion of the Subrecipient's project(s). lf
funds aie not required, the Subrecipient shall notify the Department Key Personnel.
All costs for equipment and supplies must be incurred and received before the Grant
Agreement End Date.
Failure to submit timely, accurate, and complete reports and reimbursement requests as
required by this Agreement (including, but not limited to, those reports in tho Timeline
[Attachment El) will prohibit the Subrecipient from being reimbursed until such reports and
ieimbursement requests are submitted and the Department has had reasonable time to
conduct its review.
Final reimbursement requests will not be approved for payment until the Subrecipient is
current with alt reporting requirements contained in this Agreement.
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
ten percent (10%) of the GrantAgreementAmount. Any changes to budget categorytotals
not in compliance with this paragraph will not be reimbursed without approvalfrom the
Department.
Subrecipients shall only use federal award funds under this Agreement to supplement
existing funds and will not use them to replace (supplant) non-federalfundsthat have been
budgetbd for the same purpose. The Subrecipient may be required to demonstrate and
document that a reduction in non-federal resources occurred for reasons other than the
receipt or expected receipt of federalfunds.
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J.
k.
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3.REPORTING
a
c.
b
With each reimbursement request, the Subrecipient shall report how the expenditures, for
which reimbursement is sought, relate to the Work Plan (Attachment D) activities in the
format provided by the Depaitment.
With the final reimbursement request, the Subrecipient shall submit a final report to
Reimbursements@mil.wa.gov (in the format provided by the Department) describing all
completed activities under this Agreement, status of training course completion by
individual personnel, how the match was met and documented, and progress made with
NQS implementation.
The Subrecipient shall comply with the Federal Funding Accountability and Transparency
Act (FFATAj and related OMB Guidance consistent with Public Law 109-282 as amended
by section 6202(a) of Public Law 110-252 (see 31 U.S.C. 6101 note) and complete and
return to the Department an Audit Certification/FFATA Form. This fOrm is required to be
completed once per calendar year, per Subrecipient, and not per agreement. The
Department's Contracts Office will request the Subrecipient submit an updated form at the
belinning of each calendar year in which the Subrecipient has an active agreement.
DHS-FEMA-EMPG-FY25 Page 4 of 50 Kittitas County , E26-241
4.
5.
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 COMPLIANCEa. The National lncident Management System (NIMS) identifies concepts and principles that
answer how to manage emergencies from preparedness to recovery regardless of their
cause, size, location, or complexity. NIMS provides a consistent, nationwide approach and
vocabulary for multiple agencies or jurisdictions to work together to build, sustain, and
deliver the core capabilities needed to achieve a secure and resilient nation.
b. Consistent implementation of NIMS provides a solid foundation across jurisdictions and
disciplines to ensure effoctive and integrated preparedness, planning, and response.
NIMS empowers the components of the National Preparedness System, a requirement of
Presidential Policy Directive B, to guide activities within the public and private sector and
describes the planning, organizational activities, equipping, training, and exercising
needed to build and sustain the core capabilities in support of the National Preparedness
Goal.
c. ln order to receive federal preparedness funding from the Department, the Subrecipient
must ensure and maintain adoption and implementation of NIMS. See Agreement
Attachment A, Article ll section 3.c. for associated reporting requirements. The list of
objectives used for progress and achievement reporting can be found at
https://www.fema.qov/emergencv-managers/nims/implementation-training.
d. FEMA requires phased implementation of the National Qualification System (NQS) for
EMPG subrecipients. The NQS lmplementation Objectives reflect the concepts and
principles contained 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 working towards implementing the NQS lmplementation
Objectives which can be found at
https://www.fema.oov/sites/defaulUfiles/documents/fema nims-nqs-implementation-
obiectives fact-sheet.pdf. Only EMPG-funded deployable personnel (determined by the
Subrecipient) will be required to meet NQS certification requirements.
For 25EMPG NQS Phase 3 of implementation, Subrecipients must:
i. Execute NQS lmplementation Plan, revising as necessary'
ii. Work towards issuing Position Task Books to designated deployable personnel.
iii. Ensure designated deployable personnel show progress in working toward
Position Task Book completion and meet the minimum training requirements for
their job title/position qualifl cation.
iv. Track qualification, certification and credentialling for deployable personnel.
v. Describe the status of implementation as a part of the annual NIMS survey
conducted by EMD staff at the end of the calendar year'
EQUIPMENT AND SUPPLY MANAGEMENT
a. The Subrecipient and any subrecipient to which the Subrecipient makes a subaward shall
comply with 2 CFR 200.317 through 200.327, and all Washington State procurement
statutes, when procuring any equipment or supplies under this Agreement, 2 CFR 200.313
for management of equipment, and 2 CFR 200.314 for management of supplies, to
include, but not limited to:
i. Upon successful completion of the terms of this Agreement, all equipment and
supplies purchased through this Agreement will be owned by the Subrecipient,
or a recognized subrecipient to which the Subrecipient has made a subaward,
for which a contract, subrecipient grant agreement, or other means of legal
transfer of ownership is in Place.
DHS.FEMA-EMPG-FY25 Page 5 of 50 Kittitas Cou nty, E26-241
il 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 numbbr.
C. Funding source for the property, including the Federal Award ldentification
Number (FAIN) (Face Sheet, Box 11).
D. Assistance Listings Number (Face Sheet, Box 13).
E, Who holds the title.
F. Acquisition date.
G. Cost of the property and the percentage of federal participation in the cost.
H. Location, use, and condition of the property at the date the information was
reported.
l. Disposition data including the date of disposal and sale price of the
property,
The Subrecipient shalt take a physical ilventory 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
connection with the inventory, verify the existence, current utilization, and
continued need for the equipment,
The Subrocipient shall be responsible for any and all operational and
maintenance expenses and for the safe operation of the equipment and supplies
including all questions of liability. The Subrecipient shall develop appropriate
maintenance schedules and procedures to ensure the equipment, and supplies
as applicable, are well maintained and kept in good operating condition.
The Subrecipient shalldevelop a controlsystem to ensure adequate safeguards
to prevent loss, damage, and theft of the property. Any loss, damage, or theft shall
be investigated, and a 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 possible
return. For disposition, if upon termination or at the Grant Agreement End Date,
when original or replacement supplies or equipment acquired under a federal
award are no longer needed for the original project or program or for other
activities 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
$10,000 in total aggregate value upon termination or completion of the
project or program and the supplies are not needed for any other federal
award, the Subrecipient must retain the supplies for use on other activities
or sell them, but must, in either case, compensate the federal government
for its share. The amount of compensation must be computed in the same
manner as for equipment.
B. For Equipment:
Page 6 of 50 Kittitas County ' E26A41
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DHS-FEMA.EMPG-FY25
b.
c.
1) ltems with a current per-unit fair-market value of $10,000 or less may
be retained, sold, transferred, or othenvise disposed of with no further
obligation to the federal awarding agency.
2) ltems with a current per-unit fair-market value in excess of $10,000
may be retained or sold. The Subrecipient shall compensate the
federal awarding agency in accordance with the requirements of 2
cFR 200.313 (e) (2).
C. Notify Department Key Personnel to initiate the disposition process by the
federal awarding agency.
ix. Records for equipment shall be retained by the Subrecipient for a period of six (6)
years from the date of the dlsposltlon, replacement, or transfer. lf any lltlgatlon,
claim, or audit is started before the expiration of the six-year period, the 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
incorporated by reference and made part 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 (AEL) located on the FEMA website at
https://www.fema.qov/qrantsiquidance-tools/authorized-equipment-list. lt is important that
the Subrecipient and any subrecipient to which the Subrecipient makes a subaward regard
the AEL as an authorized purchasing list identifying items allowed under the specific grant
program; the AEL includes items that may not be categorized as equipment according to
the federal, state, local, and tribal definitions of equipment. The Subrecipient is solely
responsible for ensuring and documenting purchased items under this Agreement are
authorized as allowed items by the AEL at time of purchase.
lf the item is not identified on the AEL as allowable under the grant program, the
Subrecipient must contact the Department Key Personnel for 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 for
FEMA approval prior to acquisition.
Equipment purchases (those with a current per-unit fair market value in excess of
$10,000) must be identified and explained to the Department. Use, management, and
disposition of such equipment is subject to requirements outlined in 2 CFR 200.313.
Before making such purchases, the Subrecipient should analyze the cost benefits of
purchasing versus leasing equipment, especially those subject to rapid technical
advances.
Unless expressly provided otherwise, all equipment must 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.
Effective August 13,2020, FEMA recipients and subrecipients, as well as their contractors
and subcontractors, may not obligate or expend any FEMA award funds to:
i. Procure or obtain any equipment, system, or service that uses covered
telecommunications equipment or services as a substantial or essential
component of any system, or as critical technology of any system;
Page 7 of 50 Kittitas County, E26-241
d.
e.
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DHS.FEMA-EMPG.FY25
ii. Enter into, extend, or renew a contract to procure or obtain any equipment, system,
or service that uses covered telecommunications equipment or services as a
substantial or essential component of any system, or as critical technology of any
system; or
iii. Enter into, extend, or renew contracts with entities that use covered
telecommunications equipment or services as a substantial or essential
component of any system, or as critical technology as part of any system'
This prohibition regarding certain telecommunications and video surveillance services or
equipment is mandated by section 889 of the John S. McCain National Defense
Authorization Act for Fiscal Year 201 I (FY 2019 NDAA), Pttb. L. No. 1 1 5-232 (201 8) and
2 CFR 200.216, 2Q0,327, 200,471, and Appendix ll to 2AFR200. Recipients and
subrecipients may use DHS/FEMA grant funding to procure replacement equipment and
services impacted by this prohibition, provided the costs are othenruise consistent with the
requirements of the Manualand the NOFO.
Per subsections BB9(0(2)-(3) of the FY 2019 NDAA, and 2 CFR 200.216, covered
telecommunications equipment or services means:
i. Telecommunications equipment produced by Huawei Technologies Company ar ZTE
Corporation (or any subsidiary or affiliate of such entities);
ii. For the purpose of public safety, security of government facilities, physical security
surveillance of critical infrastructure, and other national security purposes, video
surveillance and telecommunications equipment produced by Hytera
Communications Corporation, Hangzhou Hikvision Digital Technology Company,
or Dahua Technology Company (or any subsidiary or affiliate of such entities);
iii. Telecommunications or video surveillance services provided by such entities or
using such equipment; or
iv. Telecommunications or video surveillance equipment or services produced or
provided by an entity that the Secretary of Defense, in consultation with the
Director of National lntelligence or the Director of the Federal Bureau of
lnvestigation, reasonably believes to be an entity owned or controlled by, or
othenrvise connected to, the government of a covered foreign country.
i. The Subrecipient must pass through equipment and supply management requirements
that meet or exceed the requirements outlined above to any subrecipient to which the
Subrecipient makes a subaward under this Agreement.
6. ENVIRONMENTAL AND HISTORICAL PRESERVATION
a. The Subrecipient shall ensure full compliance with the DHS/FEMA Environmental
Planning and Historic Preservation (EHP) program. EHP program information can be
found at https://www.fema.qov/orants/quidance-tools/environmental-historic all of which
are incorporated in and made a part of this Agreement.
b. Projects that have historical impacts or the potential to impact the environment, including,
but not limited to, 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 considered previously disturbed, also require a
DHS/FEMA EHP review before project initiation.
c. The EHP review process involves the submission of a detailed project description that
includes the entire scope of work, including any alternatives that may be under
consideration, along with supporting documentation so FEMA may determine whether the
proposed project has the potential to impact environmental resources and/or historic
properties.
DHS-FEMA-EMPG-FY25 Page B of 50 Kittitas County, E26-241
7
d, The Subrecipient agrees that to receive any federal preparedness funding, all EHP
compliance r'equirements outlined in applicable guidance must be met. The EHP review
process must be completed and FEMA approval received by the Subreciplent before
any work is started fbr 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
ZOO.}27 and as specified in the General Terms and Conditions (Attachment B, A,10).
For alt contracts expected to exceed the simplified acquisition threshold, per 2 CFR 200. 1 ,
the Subrecipieni must notify the Deparfment The Department may request pre-
procuremeni documents, such as request for proposals,
. invitations for bids and
independent cost estimates, This requirement must be passed on to any subrecipient to
whictr the Subrecipient makes a subaward, at which point the Subrecipient will be
responsible for requesting and reviewing pre-procurement documents.
For alt 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
approval. This requirement must be passed on to any subrecipient to which the
Su'brecipient makes a subaward, at which point the Subrecipient will be responsible for
reviewing and approving sole source justifications to any subrecipient to which
Subrecipient makes any award.
The Subrecipient as well as its contractors and subcontractors must comply with the Build
America, Buy America Act (BABAA), which was enacted as a pad of the lnfrlstructure
lnvestment ind Jobs Act $$ 70901-70297, Pub, L, No. 117-58 (2021); and Executive
Order 14005, Ensuring the Future is Made in All of America by All of America's Workers'
BABAA requires any infrastructure project receiving federalfunding must ensure:
i. Alliron and steel used in the project are produced in the United States. This means
all manufacturing processes, from 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
manufactured product to be considered produced in the United States, the cost of
the components of the manufactured pr:oduct that are mined, produced, or
manufaciured in the United States must be greater than 55% of the total cost of all
minimum amount of domestic content of manufactured product, unless subject to
another standard.
iii, All construction materials are manufactured in the United States. This means that
all manufacturing processes for construction material occurred in the United States'
Additionally, applicable infrastructure projects are subject to domestic preference
requirements. A domestic preference does not apply to non-infrastructure spending under
an award that also includes a covered project. A domestic preference applies to an entire
infrastructuro project, even if it is funded by both federal and non-federalfunds under one
or more awards.
i. Domestic preferences under BABAA only apply to articles, materials, and supplies
that are consumed in, incorporated into, or affixed to an infrastructure project, As
such, it does not apply to tools, equipment, and supplies, such as temporary
scaffolding, broughi to tfre construction site and removed at or before the
completion of the infrastructure project. Nor does a domestic preference apply to
equipment and furnishings, such as movable chairs, desks, and portable computer
equipment, that are used at or within the finished infrastructure project but are not
an integral part of or permanently affixed to the structure.
ii. lnfrastructure, for the purposes of BABAA, includes, at a minimum, the structures'
facilities, and equipment for, in the United States, roads, highways and bridges;
Page I of 50 Kittitas county,E26'241
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DFIS.FEMA.EMPG-FY25
8.
public transportation; dams, ports, harbors and other maritime facilities; intetcity
passenger and freight railroads; freight and intermodal facilities; airports; water
systems, including drinking water and wastewater systems; electricaltransmission
facilities and systems; utilities; broadband infrastructure; and buildings and real
property, lnfrastructure includes facilities that generate, transport, and distribute
energy.
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 BABM shall file a required certification to the Subrecipient with each bid or
offer for an infrastructure project, unless a domestic preference requirement is
waived by FEMA. Contractors and subcontractors must certify that no federal
tinancial assistance funding for intrastructure projects will be provided unless all the
iron, steel, manufactured projects, and construction materials used in the project
are produced in the United States. BABAA, Pub. L. No. 117-58, $$ 70901-52.
Contractors and subcontractors shall also disclose any use of federal financial
assistance for infrastructure projects that does not ensure compliance with BABAA
domestic preference requirement, Such disclosures shall be forwarded to the
Subrecipient who will fomrard them to the Deparlment 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 Personnel to determine the requirements, All waiver requests must
include a detailed justification for the use of goods, products, or materials mined,
produced, or manufactured 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 nonproprietary communications with potential
suppliers,
SUBRECIPIENT MONITORINGa. The Department 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
federal pass-through funds are in compliance with this Agreement, federal and state audit
requirements, federal grant guidance, and applicable federal and state financial
regulations, as well as 2 CFR Part 200 Subpart F.
b. To document compliance with 2 CFR Part 200 Subpart F requirements, the Subrecipient
shall complete and return to the Department an Audit Certification/FFATA Form. Reporting
requirements are referenced in section 3.d.
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.9. agendas, sign-in sheets, meeting
minutes), e-mails and correspondence
iv. Review of reimbursement requests and supporting documentation to ensure
allowability and consistency with Agreement Work Plan, Budget, and federal
requirements
v. Observation and documentation of Agreement related activities, such as
exercises, training, events, and equipment demonstrations
vi. On-site visits to review equipment records and inventories, to verifu source
documentation for reimbursement requests and performance reports, and to verify
com pletion of deliverables
DHS.FEMA-EMPG-FY25 Page 10 of 50 Kittitas County, E26-241
d. The Subrecipient is required to meet or exceed the monitoring activities, as outlined
above, for any subrecipient to which the Subrecipient makes a subaward as a pass-
through entity under this Agreement.
e. Compliance will be monitored throughout the performance period to assess risk. Concerns
will be addressed through a Corrective Action Plan.
9. LIMITED ENGLISH PROFICIENCY (ClVlL RIGHTS ACT OF 1964 TITLE Vl)
a. The Subrecipient must comply with the Title Vl of the Civil Rights Act of 1964 (Title Vl)
prohibition against discrimination on the basis of national origin, which requires that
subrecipientJof federal financial assistance take reasonable steps to provide meaningful
access to persons with limited English proficiency (LEP) to their programs and services.
FFMA Poticy FP-256-23-0O1 ( ents/fema )policV-
lanquaoe-aicess.pd0 further stresses this requirement applies to anyone awarded FEMA
funding. Comply'ng with the requirement to provide meaningful access for persons with
LEp may entait proviOing language assistance services, including oral interpretation and
written tianslation. Executive Order 13166, lmproving Access to Services for Persons with
Lim1ed English Proficiency (August 11, 2000), requires federal agencies to issue guidance
to recipienis, assisting such organizations and entities in understanding their languagg
access obligations. DHS published the required recipient guidance in April 2011, DHS
Guidance to Federal Financial Assistance Recipients Regarding Title Vl Prohibition
Against National Origin Discrimination Affecting Limited English Proficient Persons, 76
feO. Reg. 21755-21768, (April 18,2011). The Guidance provides helpfulinformation such
as how J recipient can determine the extent of its obligation to provide language services,
selecting language services, and elements of an effective plan on language assistance for
LEp persons. For additional assistance and information regarding language access
obligations, please referto the DHS Recipient Guidance at https:l/www,dhs.gov/quidanpe-
pubiished-help-department-supported-oroanizations-provide-meaninqful-access-Deoole-
limited and additional resources on https://www.lep.qov'
b. Subrecipients are encouraged to perform and document their analysis of the most
appropriate language assistance services necessary to ensure a LEP individual has
meaningful access 1o 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
EMPG PROGRAM SPECIFIC REQUIREMENTS
The Department receives EMPG funding from DHS/FEMA, to assist state, local, and tribalgovernments
to enhance and sustain all-hazards emergency management capabilities as authorized by Robert T.
Stafford Disaster Relief and Emergency Assistance Act, as amended (42 U.S.C. $S 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 programs to supplement their local/tribal operating budgets to help sustain and enhance
emergency management capabitities pursuant to Washington Administrative Code (WAC) 118-09.
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.
b. Funding may not be used to replace or supplant non-federal funding of emergency management
programs.
B.
DHS-FEMA-EMPG-FY25 Page 11 of50 Kittitas County, E26-241
c. The Subrecipient shall provide a fifty percent (50%) cash match from non-federal source(s). The
Federal share applied toward the EMPG budget shall not exceed fifty percent of the total budget
as submitted and approved in the application and documented in the Budget (Attachment F). To
meet matching requirements, the Subrecipient's cash matching contributions must be verifiable,
reasonable, allowable, 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 place 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 [THIRA]), EMD is continuing the pilot of the
three-year County Emergency Preparedness Assessment (CEPA) process with workshops
occurring in a third of the 39 counties each calendar year 2024-2026. All Subrecipients that have
not compteted a 0EPA worl(shop in calendar year 2024 ot 2025,ro! partlclpate ln and complete
a CEPA workshop located in their county in calendar year 2026to receive EMPG funding.
e. Subrecipients shall participate in the State's lntegrated Preparedness Planning Workshop
(IPPW), Non-participation may result in withholding funding under future grant years.
f. lf funding is allocated to non-FEMA training, the Subrecipient must request glgg written approval
from the Department Key Personnel before attending the training. The Department will coordinate
approval with the State Training Point of Contact. Pursuant to DHS/FEMA Grant Programs
Directorate lnformation Bulletin No. 432, Review and Approval Requirements for Training
Courses Funded Through Preparedness Grants, https://www.fema.qov/sites/defaulUfiles/2O20-
04/Traininq Course Review and Approval lB Final 7 19 18.pdf, thetraining must fall within
the FEMA mission scope and be in alignmentwith the Subrecipient's Emergency Operations Plan.
This requirement only applies to training courses and does not include attendance at conferences.
Furthermore, additional federal approvals are required for courses that relate to Countering
Violent Extremism prior to attendance.
g. All personnel funded under this Agreement shall complete and record proof of completion of:
i, NIMS training lndependent Study (lS): lS-100, lS-200, lS-700, and lS-800, and
ii. Either the FEMA Professional Development Series (PDS) lS-120, lS-230, lS-235, lS-240,
li3,-)a1,lS-242, and l5-244, gg the Emergency Management Professionals Program (EMPP)
BasicAcademy l5-230, E1L1O1,ElL102, E/L103, E|L1OA and E/1105.
DHS TERMS AND CONDITIONS
As a Subrecipient of 25EMPG funding, the Subrecipient shall comply with all applicable DHS terms and
conditions of the 25EMPG Award Letter and its incorporated documents for the Grant, which are
incorporated and made a part of this Agreement as Attachment C,
c.
DHS-FEMA-EMPG-FY25 Page 12 of50 Kittitas County, E26-241
A.1
A.3
4.4
4.2
Attachment B
Washlngton State Mil ltary Department
GENERAL TERM$ 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 GFR 200
Subpart A (which is incorporated herein by reference), except as otherwise set forth below:
a. "Agreement" means this Grant Agreement.
h "Department" means the Washington State Military Department, at a state agcncy, any divisjon,
seciion, office, unit or other entity of the Department, or any of the officers or other officials lawfully
representing that Department. The Department is a recipient of a federal award directly from a
federal awalding agency and is the pass-through entity making a subaward to a Subrecipient
under this Agreement.
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,
and policies.
d. "subrecipient" when capitalized is primarily used throughout this Agreement in reference to the
non-federal entity identified on the Face Sheet of this Agreement that has received a subaward
from the Department. However, the definition of "subrecipient" is the same as in 2 CFR 200.1 for
all other purposes.
ADVANCE PryMENTS PROHIBITED
tsinadvanceorinanticipationofgoodsorservicestobeprovided
under this Agreement, The Subrecipient shall not invoice the Department in advance of delivery and
invoicing of such goods or services.
AM ENDMENTS AND MOpIFICATIONS
The Subrecipient or the Department may request, in writing, an amendment or modification of this
Agreement. However, such amendment or modification shall not be binding, take effect or be
inborporated herbin until made in writing and signed by the authorized representatives of the Department
and ihe Subrecipient, No other understandings or agreements, written or oral, shall be binding on the
parties.
The Agreement performance period shall only be extended by (1) written notification of DHS/FEMA
approvil of the Award performance period, followed up with a mutually agreed written amendment, or (2)
written notification from the Department to the Subrecipient to provide additional time for completion of
the Subrecipient's project(s).
AMERICANS WITH DTSABU-|T|ES ACT (ADA) OF 1990. PUBLIC LAW.101:336,42 U.S'C. 121.91 ET
seQ. RtrtD tts llvtplEMeruttnc REcutRttoNs nlso RErrRnrn to ns tHe "noR" ze crR part
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 Lnd local government services, and telecommunication. tf the ADA does not apply to the
Subrecipient because the Subrecipient is a federal recognized lndian Tribe, then the acceptance by the
Tribe of, or acquiescence to, these General Terms and Conditions does not change or alter its
inapplicability to the lndian Tribe. The execution of grant documents is not intended to change, alter,
amend, or impose additional liability or responsibility upon the Tribe where it does not already exist.
ASSURANQES
The Defrtment and Subrecipient agree that all activity pursuant to this Agreement will be in accordance
with all the applicable current federal, state and local laws, rules and regulations.
A,5
DHS.FEMA-EMPG-FY25 Page 13 of 50 Kittitas County, E26 -241
A.6
4.7
A.8
cERTtFtCATION REGARDING DEBARMENT, SUSPENSION, OR lNELlGlBlLlTy
As federal funds -dre a badts for thts Agreement, the Subrecipient certifies that the Subrecipient is not
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participating in this Agreement by any federal department or agency'
The Subrecipient shall complete, sign, and return a Certification Regarding Debarment, Suspension,
lnetigibitity, and Voluntary Exctusionform located at https://mil.wa.qov/requirqdqrantforms. Any such form
.or[tet"O.Uy the Subreiipient for this Agreement shall be incorporated into this Agreement by reference'
Further, the Subrecipient agrees to comply with all applicable federal regulations concerning the federal
debarment and suspensioniystem, including 2 CFR Part 180. The Subrecipient certifies that it will ensure
that potential contiactors oi subrecipients or any of their principals are not debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in "covered
irarrsautiurrs" by arry l'ederal tlepalIrrerrt ul agenuy. "Cuveled tlansautiutts" iltulude ptuuutelttettI
contracts for goods or services awarded under a non-procurement transaction (e.9., grant or cooperative
agreement) t-hat are expected to equal or exceed $25,000, and subawards to subrecipients for any
amount. With respect to covered transactions, the Subrecipient may comply with this provision by
obtaining a certilication statement from the potential contractor or subrecipient or by checking the System
for Award Management (https:l/sam.qov/SAM/) maintained by the federal government. The Subrecipient
also agrees not to entei into any irrangements or contracts with any party on th_e Washington State
Depart-ment of Labor
- anO lndustries' "Debarred Contractor L,sf'
(htips://secure.lni.wa.oov/debarandstrikelContractorDebarList.aspx). The Subrecipient also agrees not
ithepurchaseofgoodsandserviceswithanypartyonthe
Department of Enterprise Services' Debaned Vendor List thttps://www.des.wa.qov/services/contractinq-
purchasinqldoinq-business-state/Vendor-deba rment)'
CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING
5uorecipientherebycertifiesthattothebestofitsknowledgeand
belief: (1) no federally appropriated funds have been paid or will be paid by or on behalf of the
Subrecipient to any peison for influencing or attempting to influence an officer or employee of an agency,
a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress
in connection with the awarding of any federal contract, the making of any federal grant, the making of
any federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modiication of any federal contract, grant, loan, or cooperative agreement; (2)
that if any funds other than federal appropriated funds have been paid or will be paid to any person for
in1uencing or attempting to influence an otficer or employee of any agency, a Member of Congress, an
officer orimployee'of bongress, or an employee of a Member of Congress in connection with this
Agreement, grant, loan, or c-ooperative agreement, the Subrecipient will complete and submit Standard
F6rm-LLL, "bisclosure Form to Report Lobbying," in accordance with its instructions; (3) and that, as
applicable, the Subrecipient will require that the language of this certification be included in the award
dbcuments for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants,
loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly. This
certification is a materialiepresentation of fact upon which reliance was placed when this transaction was
made or entered into and is a prerequisite for making or entering into this transaction imposed by 31
u.s.c. 1352.
E DEP IES
The Subrecipient and all its contractors and subrecipients shall comply with, and the Department is not
responsibl e for determining compliance with, any and all applicable federal, state, and local laws,
regulations , executive orders, OMB Circulars, and/or polici es. This obligation includes, but is not limited
to: nondiscrimination laws and/or policies, Energy Policy and Conservation Act (PL 94-163, as amended),
the Americans with Disabilities Act (ADA), Age Discriminatio n 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 Public Service (RCW42.52)'Covenant Against Contingent Fees (48
CF R Section 52.203-5), Public Records Act (RCW 42.56), Preva iling Wages on Public Works (RCW
39.12),State Environmental Policy Act (RCW 43.21C), Shoreline Managem ent Act of 1971 (RCW 90,58),
State Building Code (RCW 19.27), Energy Related Building Standards (RCW 19.27A), Provisions in
Buildings for Aged and Handi capped Persons (RCW 70.92), and safety and health regulations
DHS-FEMA-EMPG.FY25 Page 14 of50 Kittitas County, E26-24 1
ln the event of noncompliance or refusalto comply with any applicable law, regulation, executive ordel,
OMB Circular or policy by the Subrecipient, its contractors or subrecipients, the Department may rescind,
cancel, or terminate the Agreement in whole or in part in its sole discretion. The Subrecipient is
responsible for all costs or liability arising from its failure, and that of its contractors and subrecipients, to
comply with applicable laws, regulations, executive orders, OMB Clrculars or policies.
A,e coNFLlcT oF INTEREST
No otficer or employee of the Department; no member, officer, or employee of the Subrecipient or its
designees or agents; no member of the governing body of the jurisdiction in which the project is
undertaken or located; and no other official of the Subrecipient who exercises any functions or
responsibilities with respect to the project during his or her tenure, shall have any personal or pecuniary
gain or interest, direct or indirect, in. any contract, subcontract, or the proceeds thereof, for work to be
performed ln connectlon wlth the proJect asslsted under thrs 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.1o CONTRAiTING & PROGUREMENIt The Subrecipient shall use a competitive procurement process in the procurement and award of
any contracts with contractors or subcontractors that are entered into under the original
agreement award. The procurement process followed shall be in accordance with 2 CFR Part
200.31 B, General procurement standards, through 200.327 , Contract provisions.
As required by Appendix ll to 2 CFR Part 200, all contracts entered into by the Subrecipient under
this Agreement must include the following provisions, as applicable:
1) Contracts for more than the simplified acquisition threshold, which is the inflation adjusted
amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition
Regulations Council (Councils) as authorized by 41 U.S.C, 1908, must address
administrative, contractual, or legal remedies in instances where contractors violate or
breach contract terms, and provide for such sanctions and penalties as appropriate.
2) All contracts in excess of $10,000 must address termination for cause and for convenience
by the non-federal entity including the manner by which it will be effected and the basis for
settlement,
3) Equal Employment Opportunity. Except as othenruise provided under 41 CFR Part 60, all
contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part
60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in
accordance with Executive Order 11246, "Equal Employment Opportunitf' (30 FR 12319,
12935,3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375,
"Amending Executive Order 11246 Relating to Equal Employment Opportunity," and
implementing regulations at 41 GFR part 60, "Office of Federal Contract Compliance
Programs, Equal Employment Opportunity, Department of Labor'"
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
5, "Labor Standards Provisions Appticable to Contracts Covering Federally Financed and
Assl'sfed Construction"). ln accordance with the statute, contractors must be required to pay
wages to laborers and mechanics at a rate not less than the prevailing wages specified in a
wage determination made by the Secretary of Labor, ln addition, contractors must be
required to pay wages not less than once a week. The non-federal entity must place a copy
of the current prevailing wage determination issued by the Department of Labor in each
solicitation. The decision to award a contract or subcontract must be conditioned upon the
acceptance of the wage determination. The non-federal entity must report all suspected or
reported violations to the federal awarding agency, The contracts must also include a
provision for compliance with the Copeland 'Anti-Kickback" Act (40 U.S.C. 3145), as
supplemented by Department of Labor reguiations (29 CFR Part 3, "Contractors and
Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or
Grants from the United States"), The Act provides that each contractor or Subrecipient must
DHS-FEMA-EM1G-FY25 Page 15 of 50 Kittitas county,E26-241
be prohibited from inducing, by any means, any person employed in the construction,
completion, or repair of public work, io give up any part of the compensation to which he or
she is otherwise entitled. The non-federal entity must report all suspected or reported
violations to the federal awarding agency'
b) Contract Work Hours and Safety Standards Act (40 U.S,C. 3701-3708). Where appJicable,
all contracts awarded by the non-federal entity in excess of $100,000 that involve the
bmployment of mechanici or laborers must include a provisionfor compliance with 40 U:S.C.
gOZ inA3704, as supplemented by Department of Labor regulations (29 CFR Part 5).Under
40 U.S.C, 3702 ofthe Act, each contiactor must be required to compute the wages of every
mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of
the standard work week is permissible provided that the worker is compensated at a rate of
not less than one and a half times the basic rate of pay for all hours worked in excess of 40
hours in the work week, The requirements of 40 U.S,G. 3704 are applicable to construction
work and provide that no taborer or mechanic must be required to work in surroundings or
under working conditions which are unsanitary, hazardous or dangerous. These
requirements do not apply to the purchases of supplies or materials or articles ordinarily
available on the open market, or contracts for transportation or transmission of intelligence.
6) Rights to lnventions Made Under a Contract or Agreement. lf the federal award meets the
deiinition of "funding agreement" under 37 CFR S401,2 (a) and the recipient or Subrecipient
wishes to enter intoa contract with a small business firm or nonprofit organization regarding
the substitution of parties, assignment or performance of experimental, developmental, or
research work under that "funding agreement," the recipient or Subrecipient must comply
with the requirements of 37 CfR part 401, "Rights to lnventions Made by Nonprofit
Organizations and Small Busrness Firms under Government Grants, Contracts and
Cioperative Agreements." and any implementing regulations issued by the awardlng agency.
T) Ctean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33
U,S.C. 1251-1i87;, as amended-Gontracts and subgrants of amounts in excess of
9150,000 must contain a provision that requires the non-federal award to agreeto comply
with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42
U.S.C. rubt-lAVq) and the Federal Water Pollution Control Act as amended (33 U.S.C.
1ZS1-1A87). Violations must be reported to the federal awarding agency and the Regional
Office of the Environmental Protection Agency (EPA)'
S) Debarment and Suspension (Executive Orders 12549 and 12689)-4 contract award (see 2
CFR 180.220) must not be made to parties listed on the government-wide exclusions in the
System forAward Management (SAM), in accordance with the OMB guidelines at 2 CFR 180
th-at implement Executive Orders 12549 (3 CFR part 19BO Comp,, p, 189) and 12689 (3 CFR
part tOOO Comp., p. 235), "Debarment and Suspenstbn." SAM Exclusions contains the
names of parties debarred, suspended, or otherwise excluded by agencies, as w_ell.as ggrties
declared ineligible under statutory 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,ObO must file the required certification. Each tier certifies to the tier above
that it will not and has not used federal appropriated funds to pay any person or organization
for influencing or attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of Congress in
connlction with obtaining iny federal contract, grant or any other award covered by 31
U.S.C. 13b2. Each tier must also disclose any lobbying with non-federal funds that takes
place in connection with obtaining any federal award. Such disclosures are forwarded from
tier to tier up to the non-federal award.
1O) procurement of recovered materials - As required by 2 CFR 200.323, a non-federal entity
that is a state agency or agency of a potitical subdivision of a state and its contractors must
comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act. The requirements of Section 60O2 include procuring only
items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part
247 thalc6ntain thJhighest percentage of recovered materials practicable, consistent with
maintaining a satisfactory levet of competition, where the purchase price of the ltem exceeds
DHS-FEMA-EMPG-FY25 page 16 of 50 Kittitas county , E26-241
$10,000 or the value of the quantity acquired during the preceding fiscal year exceeded
$10,000; procuring solid waste management services in a manner that maximizes energy
and resource recovery; and establishing an affirmative procurement program for
procurement of recovered materials identified in the EPA guidelines,
11) Notice of federal awarding agency requirements and regulations pertaining to reporting,
12) Federal awarding agency requirements and regulations pertaining to copyrights and rights in
data.
13) Access by the Department, the Subrecipient, the federal awarding agency, the Comptroller
General of the United States, or any of their duly authorized representatives to any books,
documents, papers, and records of the contractor which are directly pertinent to that specific
contract for the purpose of making audit, examination, excerpts, and transcriptions.
14) Retention of all required records for six (6) years after the Subrecipient has made final
payments and all other pending matters are closed,
15) Mandatory standards and policies relating to energy efficiency which are contained in the
state energy conservation plan issuod in compliance with the Energy Policy and
Conservation Act (Pub. L. 94-163, 89 Stat, 871).
16) Pursuant to Executive Order 13858 "strengthening Buy-American Preferences for
lnfrastructure Projects," and as appropriate and to the extent consistent with law, the
Subrecipient should, to the greatest extent practicable under a Federal award, provide a
preference for the purchase, acquisition, or use of goods, products, 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 federalfinancial assistance awards.
17) Per 2 C.F.R. S 200.216, prohibitions regarding certain telecommunications and video
surveillance services or equipment are mandated by secfion 889 of the John S. McCain
Nationat Defense Authorization Act for Fiscal Year 2019 (FY 2019 NDAA), Pub. L. No. 115-
232 (2018).
b. The Department reserves the right to review the Subrecipient's procurement plans and
documents and require the Subrecipient to make changes to bring its plans and documents into
compliance with the requirements of 2 CFR Part 200.317 through 200.327 . The Subrecipient must
ensure that its procurement process requires contractors and subcontractors to provide adequate
documentation with sufficient detail to support the costs of the project and to allow both the
Subrecipient and Department to make a determination on eligibility of project costs,
c. All contracting agreements entered into pursuant to this Agreement shall incorporate this
Agreement by reference.
DISCLOSURE
The use or disclosure by any party of any intormation concerning the Department for any purpose not
directly connected with the administration of the Department's or the Subrecipient's responsibilities with
respect to services provided under this Agreement is prohibited except by prior written consent of the
Department or as required to comply with the state Public Records Act, other law or court order.
DISPUTES
Except as otherwise provided in this Agreement, when a bona fide dispute arises between the parties
and it cannot be resolved through discussion and negotiation, either party may request a dispute
resolution board to resolve the dispute. A request for a dispute resolution board shall be in writing, state
the disputed issues, state the relative positions of the parties, and be sent to all parties. The board shall
consist of a representative appointed by the Department, a representative appointed by the Subrecipient,
and a third party mutually agreed upon by both parties. The determination of the dispute resolution board
shall be final and binding on the parties hereto. Each party shall bear the cost for its member of the
dispute resolution board and its attorney fees and costs and share equally the cost of the third board
member.
A.11
A.12
DHS.FEMA.EMPG-FY25 Page 17 of50 Kittitas County, E26-241
A.13 LEGAL RELATIONS
It is qnderstood 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 and employees, from all claims, actions, costs, damages or expenses of any nature
whatsoever by reason of ihe acts or omissions of the Subrecipient, its subcontractors, subrecipients,
assigns, agents, contractors, consultants, licensees, invitees, employees or any person whomsoever
arising out of or in connection with any acts or activities authorized by this Agreement.
To the extent allowed by law, the Subrecipient further agrees to defend the Department and the state of
Washington and their authorizccl agents and employees iri any litigatir:rt; irtcluding payntet-rt of atiy uusts
or attorneys' fees for any claims or action commenced thereon arising out of or in connection with acts
or activities authorized by this Agreement.
This obligation shall not include such claims, costs, damages or expenses which may be caused by the
sole negligence of the Department; provided, that if the claims or damages are caused by or result from
the concuirent negligence of (1) the Departmsnt, and (2) the Subrecipient, its agents, or employees, this
indemnity provision shatt Oe valid and enforceable only to the extent of the negligence of the Subrecipient,
or the Subrecipient's agents or employees.
lnsofar as the funding source, FEMA is an agency of the Federal government, the following shall apply:
44 CFR 206.9 Non-liabifitv, The Federal government shall not be liable for any claim based upon the
@,orthefailuretoexerciseorperformadiscretionaryfunctionordutyonthe
part of a fed'eral agency or an employee of the Federal government in carrying out the provisions of the
Stafford Act.
A.14 I ll\/il ATINNI AI ITHr\E2ITV _ AI ITHNtlITtr n elr:l\l ATI lt?tr
The signatories to this Agreement represent that they have the' authority to bind their respective
organizations to this Agreement. Onty the Department's Authorized Signature representative and the
Authorized Signature representative of the Subrecipient or Alternate for the Subrecipient, formally
designated in writing,shall have the express, implied, or apparent authority to alter, amend, modifl7, or
waive any clause or condition of this Ag reement. Any alteration, amend ment, modification, or waiver of
any clause or condition of this Agreement is not effective or binding unless made in writing and sig ned
by both parties' Authorized Signature represontatives,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, amendme_nt and
modification requeits, requests for changes to projects or work plans, and other requests, certifications
and documents authorized by or required under this Agreement'
A.15 LOSS OR REDUCTION OF FUNDING
@,federal,orothersourcesiswithdrawn,reduced,orlimitedinanyway
after the effective dlte of this Agreement and prior to normal completion or end date, the Department
may unilaterally reduce the work plan and budget or unilaterally terminate all or part of the Agreement as
a "iermination for Cause" without providing the Subrecipient an opportunity to cure. Alternatively, the
parties may renegotiate the terms of this Agreement under "Amendments and Modifications" to comply
with new fdnding iimitations and conditions, although the Department has no obligation to do so'
A.16 NONASSIGNABILITY
@t,noranyclaimarisingunderthisAgreement,shallbetransferredorassignedby
the SubreciPient.
A17 NONDISCRIMINATION
@ofthisagreement,theSubrecipientshallcomplywithallfederalandstate
nondiicrimination statutes and regulations. 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, color, sex, sexual orientation, religion, national origin,
cieed, marital status, age, Vietnam era or disabled veteran status, or the presence of any sensory,
DHS-FEMA-EMPG-FY25 Page 18 of 50 Kittitas County,E26'241
A.20
A.1B
mental, or physical handicap. This requirement does not apply, however, to a religious corporation,
association, educational institution or society with respect to the employment of individuals of a
particular religion to 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 handicap. Such action shall include, but not be limited to, the
following: Employment, upgrading, demotion, or transfer, recruitment or recruitment selection for
training, including apprenticeships and volunteers,
NOTICES
The Subrecipient slrall coniply with all public rrotiues or rruliues ts irrdividuals tequired py applicatrte loual,
state and federal laws and regulations and shall maintain a record of this compliance.
OCCUPATIONAL SAFETY/HEALTH ACT and WASHINGTON INDUSTML SAFETY/HEALTH ACT
(OSHAA/VISHA)
The Subrecipient represents and warrants that its workplace does now or will meet all applicabte federal
and state safety and health regulations that are in effect during the Subrecipient's performance under this
Agreement. To the extent allowed by law, the Subrecipient further agrees to indemnify and hold harmless
the Department and its employees and agents from all liability, damages and costs of any nature,
including, but not limited to, costs of suits and attorneys' fees assessed against the Depaftment, as a
result of the failure of the Subrecipient to so comply,
OWN ERSHI P_OF PROJ ECT/CAPITAL FACI LITIES
The Department makes no claim to any capital facilities or real property improved or constructed with
funds under this Agreement, and by this subaward of funds does not and will not acquire any ownership
interest or title to such property of the Subrecipient, The Subrecipient shall assume all liabilities and
responsibilities arising from the ownership and operation of the project and agrees to defend, indemnify,
and hold the Department, the state of Washington, and the United States government harmless from any
and all causes of action arising from the ownership and operation of the project.
A.19
A.21
No portion of the fun provided herein shall be used for any partisan political activity or to further the
election or defeat of any candidate for public office or influence the approval or defeat of any ballot issue.
A.22 PROHTBIT|ON AGAINST PAYMENT_OF BONUS _OR COMMISSION
The assistance provided under this Agreement shall not be used in payment of any bonus or commission
for the purpose of obtaining approval of the application for such assistance or any other approval or
concurrence under this Agreement provided, however, that reasonable fees or bona fide technical
consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if
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 use such advertising and publicity matters without the
prior written consent of the Department, The Subrecipient may copyright original work it develops in the
course of or under this Agreement; however, pursuant to 2 CFR Part 200,315, FEMA reservss a royalty-
free, nonexclusive, and irrevocable 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 Assistance Listings Number (formerly CFDA Number), and a statement
that the publication does not constitute an endorsement by FEMA or reflect FEMA's views.
A.24 RECAPTURE PROVJSION
ln ttre event the Subrecipient fails to expend funds under this Agreement in accordance with applicable
federal, state, and local laws, regulations, and/or the provisions of the Agreement, the Department
reserves the right to recapture funds in an amount equivalent to the extent of noncompliance. Such right
DHS-FEMA'EMPG-FY25 Page 19 of 50 Kiftitas County,E26'241
4.25
A,26
4.27
A.28
of recapture shall exist for the tife of the project following Agreement_termination' Repayment by the
Subrecipient of funds under this recapture provision shall occur within 30 days of demand. ln the event
the Department is required to institute legal proceedings to enforce the recapture provision, the
Department shall be entitled to its costs -and'expenses thereof, including attorney fees from the
Subrecipient.
RECORDSa. T6e Subrecipient agrees to maintain all books, records, documents, receipts, invoices and all
other electrohic or wlitten records necessary to sufficiently and properly reflect the Subrecipient's
contracts, subawards, grant administration, and payments, including all direct and indirect
charges, and expenditures in the performance of this Agreement (the "records")'
b. The Subrecipient's records related to this Agreement and the plojegts funded, may.q9 insp.ected
"nJ "uaituO
'by the Department or its design6e, by the Office of the State Auditor, DHS, FEMA or
their designees, by the Comptroller Geneqal of the United States or its designees, or by other
state or federal'ofiicials authorized by law, for the purposes of determining compliance by _the
Subrecipient with the terms of this Agreement and to determine the appropriate level of funding
to be paid under the Agreement.
c. The records shall be made available by the Subrecipient for such inspection and audit, together
with suitable space for such purpose, at any and all times during the Subrecipient's normal
working day.
d. The Subrecipient shall retain and allow access to all records related to this Agreement and the
funded project(s) for a period of at least six (6) years following finat payment and closure of the
grant under this Agreement. Despite the minimum federal retention requirement of three (3) years,
the more stringent State requirement of six (6) years must be followed.
RESPONSIBILITY FOR PROJECT/STATEMENT OF WORKA/VORK PLAN
eSubrecipientwiththeprojecVstatementofworUworkplan
(project) by providing federal award funds pursuant to this Agreement, the project itself remains the sole
ib"rjondiUiilty of the Subrecipient. The Department undertakes no responsibility to the Subrecipient, or to
any third pady, other than as is expressly set out in this Agreement.
The responsibility for the design, development, construction, implementation, operation and maintenance
of the project, ai these phra-ses are applicable to this project, is solely that of the Subrecipiont, as is
respon'sibitity ior any claim or suit of any nature by any third party related in any way to the project.
prior io the start of any construction activity, the Subrecipient shall ensure that all applicable federal,
state, and local permits and clearances are obtained, including, but not limited to, FEMA compliance with
the National Environmental Policy Act, the National Historic Preservation Act, the Endangered Species
Act, and all other environmental laws, regulations, and executive orders.
The Subrecipient shall defend, at its own cost, any and all claims or suits at law or in equity, which may
be brought against the Subrecipient in connection with the project. The Subrecipient shall not look to the
Deparlment, or to any state or federal agency, or to any of their employees or agents, for any
performance, assistanle, or any payment or indemnity, including, but not limited to, cost of defense
and/or attorneys'fees, in connection with any claim or lawsuit brought by any third party related to any
design, development, construction, implementation, operation and/or maintenance of a proiect.
SEVERABILITY
i? "ny
court oil.ightfuljurisdiction holds any provision or condition under this Agreement or its application
to any person oicircumstances invalid, thi-s invalidity does not affect other provisions, terms or conditions
of th6 Agreement, which can be given effect without the invalid provision. To this end, the terms and
conditions of this Agreement are declared severable.
SINGLE AUDIT ACT REQU-IREMENTS (includins all AMENDMENTS)
andincludethefollowingauditrequirementsinanysubawards.
Subrecipients of a federal award, that expend $1,000,000 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 Subirart F. Subrecipients that spend less than ${,000,000 a yeqr in
federal awards are exempt from federal audit requirements for that year, except as noted in 2 CFR Part
DHS-FEMA-EMPG-FY25 Page 20 of 50 Kittitas County, E26-24 1
200 Subpart F. As defined in 2 CFR Part 200, the term "subrecipient" means an entity that receives a
subaward from a pass-through entity to carry out part of a federal award.
Subrecipients that are required to have an audit must ensure the audit is performed in accordance with
Generaily Accepted Government Auditing Standards (GAGAS) as found in the Government Auditing
Standards (the Revised Yellow Book) developed by the United States Comptroller Generaland the OMB
Compliance Supplement. The Subrecipient has the responsibility of notifiTing its auditor and requesting
an audit in compiiance with 2 CFR Part 200 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 exceptions incurred by its own organizatiun ut that sf ils suLruutih auluts. Ruupullsus tu at ty
unresolved management findings and disallowed or questioned costs shall be included with the audit
report. The Subrecipient must respond to Department requests for information or corrective action
concerning audit issues or findings within 30 days of the date of request. The Department reserves the
right to recover from the Subrecipient all disallowed costs resulting from the audit.
After the single audit has been completed, and if it includes any audit findings, the Subrecipient must
send a full copy of the audit and its Corrective Action Plan to the Department at the following address no
later than nine (9) months after the end of the Subrecipient's fiscal yea(s):
Contracts Office
Washington Military Department
Finance Division, Building #1 T A'20
Camp Murray, WA 98430-5032
OR
Co ntracts. Office@m il.wa.qov
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 Agreement. ln the absence of a valid claim of exemption from the audit requirements
of 2 CFR Part 200 Subpart F, the Subrecipient's faiture to comply with said audit requirements may result
in one or more of the foilowing actions in the Department's sole discretion: a percentage of federal awards
being withheld until the audit is completed in accordance with 2 CFR Part 200 Subpart F; the withholding
or disallowing of overhead costs; the suspension of federal awards until the audit is conducted and
submitted; or termination of the federal award.
A,29 SUBRECIPIENT NOT EMPLOYEE
@emptoyeesoragentsperformingunderthisAgreement,arenotemployeesor
agents of the Department in any manner whatsoever. The Subrecipient will not be presented as nor
cliim 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
timiteO to, Workers' Compensation coverage, unemployment insurance benefits, social security benefits,
retirement membership or credit, or privilege or benefit which would accrue to a civil service employee
under Chapter 41.06 RCW; 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 pioper approval from the employing agency or institution before entering into this contract.
A statement of "no conflict of interest" shall be submitted to the Department.
A.3O TAXES, FEES AND LICENSES
Agreement,theSubrecipientshallberesponsiblefor,payandmaintain
in current status ailtaxes, unemployment contributions, fees, licenses, assessments, permit charges and
DHS-FEMA-EMPG-FY25 Page 21 of 50 Kittitas County,E26-241
expenses of any other kind for the Subrecipient or its staff required by statute or regulation that are
applicable to Agreement performance.
A.31 TERMINATION FOR CONVENIENCE
Notwithstanding arry piovlsions of this Agreement, the Subrecipient may terminate this Agreement by
providing written notice of such termination to the Department Key Personnel identified in the Agreement,
speciffing the effective date thereof, at least thirty (30) days prior to such date.
Except as othenrvise provided in this Agreement, the Department, in its sole discretion and in the best
interests of the state of Washington, may terminate this Agreement in whole or in part ten (10) business
days after emailing notice. Upon notice of termination for convenience, the Department reserves the right
to suspend all or part of the Agreement, withhold further payments, or prohibit the Subreoipient from
incurring additionai obligations of funds. ln the event of termination, the Stthrecipient shall he liahle frrr all
damages as authorizeO-Oy law. The rights and remedies of the Department provided for in this section
shall not be exctusive and are in addition to any other rights and remedies provided by law'
A.32 TERMINATTON OR SUSPENSION FOR LOSS OF FUNDING
ThG Department may unitaterally terminate or suspend all or part of this Grant Agreement, or may reduce
its scope of work anO buOget, ii there is a reduction in funds by the source of those funds, and if such
. funds are the basis for this Grant Agreement. The Department will email the Subrecipient ten (10)
business days prior to termination.
A.33 TERMINATION OR SUSPENSION FOR CAUSE
ln ttre event tne Department, in its sole discretion, determines the Subrecipient has failed to fulfill in a
timely and proper manner its obligations under this Agreement, is in an unsound financial condition so
as to endanger performance hereunder, is in violation of any laws or regulations that render the
Subrecipient unable to perform any aspect of the Agreement, or has violated any of the covenants,
agreements or stipulations of this Agreement, the Department has the right to immediately suspend or
terminate this Agreement in whole or in part.
-The Department may notify the Subrecipient in writing of the need to take corrective action and provide
a period of time in which to cure, The Department is not required to allow the Subrecipient an opportunity
to cure if it is not feasible as determined solely within the Department's discretion. Any time allowed for
cure shall not diminish or eliminate the Subrecipient's liability for damages or otherwise atfect any other
remedies available to the Department. lf the Department allows the Subrecipient 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 Department to be insutficient, the Agreement may be
terminated in whole or in pad,
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 corrective action by the Subrecipient, if allowed, or pending a
decision by the Department to terminate the Agreement in whole or in part.
ln the event of termination, the Subrecipient shall be liable for all damages as authorized by law, including,
but not limited to, any cost difference between the original Agreement and the replacement or cover
Agreement and atl administrative costs directly related to the replacement Agreement, e:g'r cost of
administering the competitive solicitation process, mailing, advertising and other associated'staff time.
The rights and remedids of the Department provided for in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law.
lf it is determined that the Subrecipient (1) was not in default or material breach, or (2) failure to perform
was outside of the Subrecipient's control, fault or negligence, the termination shall be deemed to be a
termination for convenience.
A.34 TERMINATION PROCEDURES
@ce1uressetforthbelow,iftheDepartm6ntterminatesthisAgreement,the
Subrecipient shall follow any procedures specified in the termination notice, Upon termination of this
Agreement and in addition to any other rights provided in this Agreement, the Department may require
the Subrecipient to deliver to tlre Department any property specifically produced or acquired for the
performance of such part of this Agreement as has been terminated'
DHS-FEMA-EMPG-FY25 P age 22 of 50 Kittltas County, E26-241
lf the termination is for convenience, the Department shall pay to the Subrecipient as an agreed upon
price, if separately stated, for properly authoiized and completed work and services rendered or goods
belpered to and iccepted Oy ifre'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
equipmen-t or supplies-provided for which no separate price is stated, (ii) partially compleled work and
service. and/or 6duipm'ent or supplies provided which are accepted by the Department, (iii) other work,
services and/or equiiment or supdties which are accepted by the Department, and (iv) the protection and
preservation of property.
Failure to agree with such amounts shall be a dispute within the meaning of the "Disputes" clause of this
Agreement,-lf the termination is for cause, the Department shall determine the extent of the liability of the
D6partment. The Department shall have no other obligation to the Subrecipient for termination. The
Departmont may withhold from any amounto duo tho Subrecipient euch cuT..98 the Department
determlnes to be necessary to protect the Department against potential loss or liabitity'
The rights and remedies of the Department provided in this Agreement shall not be exclusive and are in
addition to any other rights and remedies provided by law,
After receipt of a notice of termination, and except as otherwise directed by the Department in writing,
the Subrecipient shall:
a. Stop work under the Agreement on the date, and to the extent specified, in the notice;
b. Place no fufther orders or contracts for materials, services, supplies, equipment and/or facilities
in relation to this Agreement except as may be necessary for completion of such portion of the
work under the Agreement as is not terminated;
c. Assign to the Department, in the manner, at the times, and to the extent directed by the
Department, all of ihe rights, title, and interest of the Subrecipient under the orders and contracts
so ierminated, in whichiase the Depaftment has the right, at its discretion, to settle or pay any
or all claims arising out of the termination of such orders and contracts;
d. Settle all outstanding liabilities and all claims arising out of such termination of orders and
contracts, with the afproval or ratification of the Department to the extent the Department may
require, which approval or ratification shall be final for all the purposes of this clause;
e. Transfer title to the Department and deliver in the manner, at the times, and to the extent directed
by the Department any property which, if the Agreement had been completed, would have been
required to be furnished to the Department;
f. Complete performance of such part of the work as shall not have been terminated by the
Department in compliance with all contractual requirements; and
g. Take such action as may be necessary, or as ihe Department may require, for the protection and
preservation of the pr6perty related to this Agreement which is in the possession of the
Subrecipient and in which the Department has or may acquire an interest.
A.35
ln accordance with legislative findings and policies set forth in Chapter 39.19 RCW, the state of
Washington encourages participation in allits contracts by MWBE firms cerlified by the Office of Minority
and Women's Business Enterprises (OMWBE). To the extent possi ble, the Subrecipient will solicit and
encourage minority-owned and women-owned business enterprises who are certified by the OMWBE
under the state of Washington certification program to applY and compete for work under this contract.
Voluntary numerical MWBE partici pation goals have been established and are indicated herein: Minority
Business Enterprises: (MBEs): 10% and Woman's Bus iness Enterprises (WBEs):6%.
A.36 VENUE
ffireement shall be construed and enforced in accordance with, and the validity and performance
shall b6 governed by, the laws of the state of Washington. Except for as provided herein, venue of any
suit betwlen the parties arising out of this Agreement shall be the Superior Court of Thurston County,
Washington, and ihe Subrecipient, by execution of this Agreement, acknowle_dges the jurisdiction of the
courts oi the state of Washingion. 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 ihe Agreement, the United Siate6 District Court for the Western District of the State of
Washington shall hive the sole and exclusive jurisdiction over such proceeding. lf the court lacks federal
DHS-FEMA-EMPG-FY25 Page 23 of 50 Kittitas County, E26'241
4.37
subject matter jurisdiction, then the Tribe agrees to waive its sovereign immunity from suit for the limited
purbose of permifting the State to enforce the terms of this Agreement in the Superior Court of
Washington Under Washington law, and venue for such suit shall be the Superior Court of Thurston
County,-Washington. this limited waiver of sovereign immunity is solely for the benefit of the State. This
limited waiver of sovereign immunity shall not be for, nor shall it be construed as for, the benefit of any
other person or entity, anO the Tribe does not waive its immunity with respect to any action brought by,
or on behalf of, any other entity or person,
WAIVERS
lto conditions or proVisions of this Agreement can be waived unless approved in advance by the
Department in writing. The Departmenfs failure to insist upon strict performance of any provision of the
Agieement or to exercise any right based upon a breach thereof, or the acceptance of any performance
during such breach, shall not constitute a waiver of atry rigltt uttdu [tis Agteentettt.
DHS.FEMA-EMPG-FY25 Page 24 of 50 Kittltas County, E26-241
Eff ective dalel, O2 I Q6 I 2026
SlerraWardell
MILITARY DEPARTMENT, WASH INGTON STATE
BUILDING .I MILITIA DR STATE FINANCIAL SERVICES
CAMP MUFRAY, WA 98430
EMS-2025-EP-o5001
Dear Sierra Wardell,
Congratulations on behalf of the Department of Homdand Securily, your application submilted for lhs
Fiscal Year (FY) 2025 Emergency Management Perlormance Grants, has been approved in lhe amount
of $6,835,572.00 in Federal lunding. This award ol federal assistance is executed as a Grant' As a
condllion of this award, you are required to contribute non-Federal lunds equal to or greater than
$6,835,572.00 for a total approved budget ol $13,671 ,144.00. Please see the Fiscal Yeat 2425
Emergency Management Performance Granl (EMPG) Program lor inlormation on how lo meet this cosl
share requirement.
Before you request and receive any of lhe Federal funds awarded lo you, you must establish
acceptance of the award through lhe FEMA Grants Outcom€8 (FEMA GO) systsm. By accepting this
award, you acknowledge that the terms of the following documents are incorporaled into the terms ol
your award:
. Award Summary - included in this document
. Agreement Arlicles - included ln thls document
. Obligating Document - included in lhis documenl
. Fiscal Year (FY) 2025 Emergency Management Performance Grants Notice ol Funding
OPPortunitY
' FEMA Preparedness Grants Manual
please make sure you read, understand, and maintain a copy ot these documents in your olflcial file for
thls award.
Sincerely
Award Letter
2SEMPG Award Letter
EMS-2025-EP-05001
U.S, Deparlment of Homeland Security
Washington, D.C.20472
Attachment C
iiffiFEMA
"CJt*
David Gudinas
Deputy As$shnt Adminisfator (Acting)
Grant Programs Dkecbrate I Reailierre
DHS.FEMA-EMPG-FY25 Page 25 of 50 Kittitas County , E26-241
Award $ummary
Prugrarn: Fiscal Year2025 Emergency Managoment Performance Grant
Hec|plen$ MILITARY D EPARTM ENT, WASHI NGTON STATE
UEI-EFT: D2EJRGZ2PLQB
Award numhsn EM8-2025-EP-05001
Summary descrlptlon of award
The Fiscal Year (FY) 2025 Em€rggncy Management Performance Grant (EMPQ) Program ls one of the
grant program6 that constitute DH$/FEMA'c focus on all-hazards emergency preparedness. These
grant prugrarrru anr;urtuf a uurrtprultert$luu wlu[ rlua$utu$ authurieud try Curtgr'uu*atd lttlplutrruttlud
by DH$1FEMA to assist stat€, tocal, fihl, and terrltorial emergency management agencles to
lmplement the National Preparedness System and the National Preparedness Qoal of a secure and
resllient nation
Amount awarded table
The amount of the award ls detalled in the attactred Obllgating Document for Award.
The fol6wlng are the budgeted ostimates for oblect classee for tris award (lncludlng Federal share plus
your coet share, lf applicable):
Obls$ elaes Tolal
Personn€l $3,715,9S?.00
n nOe"Uenefite
Travel
Fqulpmont
$1,900,4{!0.00
$651.00
$0.00
$upplies $4,588.00
Con[actual +ooo
$0,00Conetruction
CIher
lndlroctchargeg
$8,029,4S1.00
$920,068.00
Frogram lncome $o.oo
Approved scope of work
After rerrisw of your appllcatlon, FEMA has approved tre b€low scopo of work. Justlflcatlon€ ar€
provided for any differences between tre ecope of work ln fre orlginal appllcafon and the approved
scope of work under thle award. You muet subrnft scope or budget revlslon requests for FEMA'8 prlor
approval, via an amendment requoet, as approprlat€ per 2 C.F.H. $ 200.308 and he FY2025 EMPG
NOFO.
$6,036,572.00
$6,805,572.00
Federal
Non"federal
$10,071,144.00Tolal
DHS.FEMA-EMPG-FY25 Page 26 of 50 Kittitas Co unty, E26-241
// due to inclusion of information with no context, pages 5-10 not included - avallable on request //
Of ttre toul Fedgral funds, $3417786.00 has been placed on lrold. $ee fie bllowing tetms ln the
Agreomont Articlee for more detallsl | ;lfavmontho r
ErnergencyFernormanc" Management
|
*"rr*.oo
I..i.....1
Artlclo 66 tundlng Hold: Flnal FY 2025
Qrant (EMPO) Work Flan
Agreement Afilclee
Prcgram: Flscal Year 2025 Emergency Management Performance Grant
R0clpl6nft Ml LITARY D EPARTM ENT, WAS HINGTON $TATE
UEI-EFTr D2EJHGZzPLGB
Award numbon EMS4025-EP-05001
Table of contents
AriniiiiiCiiairve"Hequiieineiiie, 0iiCi FrlriCipie:q EipteiiCniaurii6;anii"
-- .
olo
Geillllcailons
General Acknowlsdgomsnts and Aesurancg$
Acknorrlsdgemenl of Fsderal Fundlnglrom DHS
Actlvltlos Conduoled Abroad
Ags Dlscdnlnatlon Acl ol'1075
Atnodcans rfllth Dlsahlllflss Act ol lg00
Bsst practlGss lor Collsctlon and Uss ol Ferconally ldonllfiabls lnfofmillon
cHlP$ and $clsnce Aclolzoal,Publlc Lsw 117-16'7 CHIPS
clvll Rlghts AGt ol 1064 - Tltl6 vl
clvll FlghtsAct ol 1968
Communlcatlon and Gooperatlon wlth lhe DApartment ol HofiOland Socurlty and
lmnlgrarlon offclal$
Gopytlght
Dsbarment and 9uspenclon
Drug.Frgo WodFlacs R€gulatlons
Dupllcallvo CoBts
Educatlon Amondmsn$ ol Tg'n(Equal oppor.turlty ln Eduaatlon Act) - Tltls lx
Energy Polloy and Conssntallon Act
Equal Trsslmonl ol Falth-Based Organlzallons
AnthDlscrhlna{on
Fatse Clalms Act and Program Fraud Glvll Remedlss
I
cle
cls
DHS-FEMA-EMPG-FY25 Page 27 of 50 Kittitas County, E26-241
Artlcle
21
Arllalo
2e
Artlclo
4t
Arllcl6
IA
Anlcl6
25
Arllcls
28
Arllclcln
Fsderal Debt Status
Fsderal Loadenrhlp on Reduclng Text Messaglng whlle Drlvlng
FlyAmerlca Act o11974
Hot6l and Mot6l Flr6 salety Acl ol 1990
John 9, McGnln Ndtlonul Dol6n$o Authorlzatlon Aot ot FI6oalYosr 2019
Llmlted Englleh Proflolency (Clvll Hlghts Act ot 1064' Tltlo vD
lohhylng Prohlbltionr
Nallonal Envllonmenlal Polloy Act
Natlonal S66urlty pltsldontlal Msrnorunduill.83 (NSpM€8) and provlslons ol ihs
CHIP$ and $clenoe Aot ol 2022, Pub. L. 117-167, Soctlon 102s1
Nan $upplsntlng Requlrement
Notlce ol Fundlng Opponunlty Rsqulrumonts
patonl8 and lntolloctual Propsrty Rlghte
PrssldEntlal Execullve ordol€
pr0cursm6nt ul Rscovsred M[t6rlals
Rohabllltitlon Acl 0l t07g
Hoporllng Hcclplont lntogdty rnd Fsrlonnance Matlers
Heportlng $ubawarde and Brscutlve Compeneatlon
Hequlred Uee Ol Amerlaun lttn, St66l, llanutacturcd produoto' und Conetructlon
Matodal$
SAFEGOM
$ubroclpldnt Monltoilng and Managemenl
Syslom lorAwald Managemenf and Unlque Enllty ldentlfler Requlrementc
Tgffihallon ol a Federal Award
Tgfforlst Flnanclng
Trafflcklng vlGllms prDtootlon Acl ol zor,{r(TvpA)
Unltlng and Slronothontng Amedca by Provtdlng Appropilats Toole_Hequlred lo
tntercipt and Obetrud Toryortsm (USA pATnlOT) Act ol2tl01, Pub. L.107S6
Use of DH$ $eal, Logo and Fltgs
Vlrhlstloblorflsr Prulecllon Act
Enulrunmenlal Plannlng and Hlstorlc Prsservallon (EHP) Hevlew
Appllcablllty ol DHg Standard Tsms and Gondltlone to Trlbal Nallons
Accsptance ol Post Awad Ghanges
Dlspo$ltlon ol EqulpmentAcqulrod Undsrtho Federal Award
Prlor Approvel lor ModlfiGallon ot Approv€d Eudgst
DHS-FEMA-EMPG-FY25 Page 28 of 50 Kittitas County, E26-241
hntcte
ios
lnnraepr
lndlrecl Co3t Halo
Bulld Amerlca, Buy Amoricd Act (BAEAA) Rcqulrod Contracl PrOvislOn & s6ll.
Gsrtiflcatlon
Fundlng Hold; Flnal FV 2026 Emorgsncy Perlormance Managomont Grant (EMPG)
Work Plan
Compllunoe wlth Fedsral lmmlgratlon Law
NonaAppllcsblilry of $psoltlo Terms and Agreement Artlolos
lmpdct ol $an Francleco v. Trump Prellmlnary lnlunctlon
lmpact ol Slate ol llllnole v. FEIIA lnluncllon
cls Non-Appllcoblllty ol $psclflc Agruement Allcles
Assurancs, Admlnlstratlve Hequlrements, Cost Prlnalpleg
Hoprusentatlons, and Corllfl Eatlons
l. R-ecipients must cornplete eitror the Ofrce ol Management and Budget-(OMB).
Standfud Form 4248 Assurances - Non' Constwtlon Prqgrams, or OMB $tnndard
Form 424D Assurancos - ConsFuctlon Programs, aE sppllcable. Corhin
aesuranaes ln the$e documents may not be applicable to your progtam and fte
DH$ financial assishnc€ offcp (DHg FAO) may requlre appllcante to cortlfu
addllional assurancee. Applicants are requlred to frll out ilro assurancss, as
instructed.
Fundlng Hol* Vsrlflcallon ot $tate'e populEilon
BseclBBlorr ol Agreement Aftlslos Fursuanl io $tato ol llllnols, dt tL % FHMA' 0t al.
Amendsd Porlod ol Fsrlormance and Budget Fsriod Furcuanl lo $lats ol llllnols' et
al, v. Krlstl Hoem, el fi|. (D,Hl) ind stsl6 ol Mlahlf,an 6l al. v. Kflatl Noom ot al. (D.OH).
Hesalc*lon ol Fuhdlng Holdl Verlllcatlon d Slste's Populadon pursuant lo $late ol
llllnols, sl sl. v. Krlafi tiosm, ot al, (D"HD and Slals ol Mlcftlgnn el6l. v. Krlsll Noom 0t
Artlclol
Arllcle 2
Artlclo 3
Qeneral AoknowlsdEenenls und Assurancgs
Heclplents are requhed lo follow tre applicable prodslons of the Unlform
Adminlstratlve Requirements, Cust Princlplas, and Audit Requiremenb for Fedgral
Awards ln efrectad of he bderalaward dals and located in Tide2, Codeof Federal
Regulafons, Part 200 and adopted by DH$ at 2 C.F.H' $ 3002.10' All reclpients
ancl- subreclplents mu6t acknowledge and agree to prOvide DHS accese to record$,
accounFr documents, informadon, facllitles, and staf pursuant to 2 C.F.R. $
200 337.1. Beclplenb must coop€rato wlth any DHS compllanco reviewe or
compliance lnvdstigatlons. ll' Hiclplenh must give DH$ accass to a\amlne and
cOpy reoorde, accounts, and Other dOcUments and sOUrC€S of lnfuffiation relatod to
tri iederal award and permlt access to facillfiee and personnel. lll. Reclplents must
submlt tlmely, comdetb, and accurate r€porb to fte appropriate DH$ oficlals ard
malntain appropriate backup documenhtion b supporttho r€po-rtE. ly. Reclplents
must comily wittr att otmr sbechl reporffng, data collxdon, and evaltnfron .
requiremdnis required by law, federal regulation, Notice of Fundlng Oppodunity'
federal award epeclfrc terme and oonditione, andlor DH$ Component program
guidance. Orgahkation coeb related to dah and evaluatlon are allowable. The
defrnltion of data and evalualion costs le ln 2 C.F.R. $ 200465(c), ths full text of
which ls lmorporated by reference. V. Hecipients must completo DH$ Form 3005
wisrin 60 days of receipt of the Notlce of Award for dre first arrard under which ttls
term applles. For furth€r lnstuctionr and to accees the form, please vlslt:
https/ti,,,tr$r.dhs.gov/cMl+ightsresources'r€ciplents'dhs'frnancial-asslstance.
Acknowledgomont of Fsdersl Fundlnglrom DH$
Reciplente muetacknowledge thelr use of federal award funding when issuing
e0ateiments, press releasee, requesF for proposal, bid invltationr, and o!tu1
docwnents'describing prolects or programs funded ln whols or ln part wltr federal
award funds,
DHS-FEMA-EMPG-FY25 Page 29 of 50 Kittitas County, E26-241
Aillcle 4
Artlclo 5
Arllolo 6
Arllals 7
Acllvltles Gonducted Abroad
Recipionts must coordlnato with approprlato govornment authorifiee when
performlng proJect activitles oubide the United $htes obtaln all approprlate
llcenses, permite, or apProvals.
Aoe Discrlmlnation Act o11075
Cictplents must comply wltr the requlremenF 9f ttE-4Se DIsgr]mlnafo1 f9! 9f
i gid, Fub. L. Nd. 94-1b5 (codified is amended at Title 42, U.$. Code $ 61 01.et
seq), which prohbim disciimlnatlon on the basis of age in any program or activity
recelvlng federal frnanclal aeslsHnce.
Anerloans rrtlh Dl|abllltlsi Aot ol 1000
ii"cfpfonte tnuet comply wlfr the requhemenb d Tlfle_s l, ll' and lll of the Amorlaans
wrfr'frieannitrernct, Frin. L. No.10i'006 (1900) (codlf,sd aeamondod at42 U'$'G'
S$ iri"pi- tefiA), $,htch prohtbltc reclplents frorn dlecrlmlnadng on he basls of
iiiaOt;ty n m opiraflon df publ6ent6|s, publlc and prlvate transportatlon
sy*erno places bf publlc aicommodatlon, and certaln testing entldes'
Bset Praollcos lor Colloallon and Us6 ol Fereonally ldontltlable lrrlormstlon
(1j Ceclnlents who collect personally ldentlfrable lnformatlon (Pll) ae partof carrylng
irit tti ricope of work unddr afedelal a$ard 619 requhad lo havo a publlcly
"vattaUte
nilvacv pgllcv that descilb€s standard6 on the u$ago and malnt€nance of
tre plt thdy colt6it. (aiUenntton. DH$ deflno$ uPll" as any inQtry"fJn hat pemlte
fre ldonffhj of an lnOiviUuat to ho dp€sffy or lndhectly lnferred, lncludlng any . .
fnformatfc,lt trfi lc llnksd or llnkable to trat lndlvldual" Beclplenh may aloo frnd tlto
DHS Fiavacy lmpagt A06a6$men6l Prlvacy Ouldance and PrlvacyTemplate ar
usofu I resourcoe reepectlvolY.
DHS.FEMA-EMPG-FY25 Page 30 of 50 Kittitas CountY, E26-24 1
ArticloI CHIPS and Sclenoe Act ol 20t2, fubilc Law t17.167 CHIpS
(1) Recipients of DH$ research and devnlopment (H&D)awarde must reportto ha.
DnS Component research program ofice any fndin0 or dptermination of sex based
and s€ruj harassrnent and/pr an admlnistrative or disclpllnary action taken agalnst
prlnclpal invostlgators or co-lnvestlgators to be cornpleted by an auhorlzed
organizational ropr€s€nhtivo (AOH) attre reciplent lnsftution. (2) Notiflcaton' An
AdR must dlsclose the following lnfurmation b agerrcies withln 1 0 days of the
dadthe finding ls made, or 10 daye from when a reciplent imposes an
administrative action on the reported indlvldual, whlchever is sooner- Heports
ehould lnclude: (d Award numb€r, (b) Name of Flor Co-Plbeing report€d' (a)
Awardee name, (d) Awardeeaddrese, (e) AOR narne, title, phone, and email
address, (t) lnd'rcadon of tho report typo: (i) Findlng or deterrnlnatlon has been made
hat he reporbd individual vlolated awardee pollcies or codes of conduct, €tatutes,
or regulaflbns related to sexual harassment, sexual assault, or other lorme of
lnrassment, including the date that ttrs frding wae made. (ii) lmposition of an
administradve or discipllnary aaffon by the recipient on the reporllng lndlvldual
related to a findlng/dotermination or an investgalion of an alleged violatlon of
recipient policy or codes of conduct, statutee, or regulatlons, or other {onns of
harissmdnt. (iii) The date and nature of the administrativoidisclpllnary actlon'
lncludlng a baeic explanation or descrlption of the event, which shotld notdlsclose
personffi ldentifrabie informafion regardlng any complalnts or lndMduals involved.
Any description provlded muet be conslstont with th€ Farnily Educadonal Rlghte_in
FriiacyAct. (3) Definitione. (p) An'auhorlzed organizatonal represenbtive (AOR)"
is an admintstrstivo offcJal who, on bel'nlf of tfre proposing lnstltution, ls empowered
io make cerdfrcations and representations and can commit he lnstitutlon b ths
conduct of a proJect that an agency ls belng asked to support as well as adhere to
varlous agency policlee and award requlrernents. (b) oPrlnclpal invesdgators and
co.prlnclful inirdstlgabrs" are award personnel st.pportod by a grant, cooperative
agreement, or conttact under Federal law. (c) A teportod individual" r€f€rs to
reciplent porsonnel wtto have beon reported b a federal agency for potential soxual
harassment vlolatlone. (d) "$ex based harassment" means a furm of sex
discrirninatlon and inoludee harasement baEed on sex, 66x $tor€otype6, sox
characterlsilcs, pregnancy or relabd condltions, sexual orientation, and gender
ldentity, (e) "Soxual harassm€nt" meane unwelcome sexual advances, requosts for
sexual hvire, and cther verbal or phyeicql conduct of a spxual naturo when thls
conduct explicitly or lmpllcltly affects an lndividual's employrnent, unreasonably
int€rferos wih an lndivldual'i work performance, or creatos an intimidadng, hoctile,
or offensive work environment, whether such actMty lE Garied out by a supervisor
or bya co-worker, volunteBr, or contractor,
clvll Hlghrs AGt ol 1904 - Tltle vl
Heclpients must comply wifr the requlremente of Tide Vl of the Clvll Rightu Act of
1964 Fub. L. No. 88-052 (codified as amended at 42 U.S.C' $ 2000d €t s€q'),
whlch provides that no percon ln fre Unltsd $tates lvill, on fie grounde of race,
color, or national origln, bs excluded from participaton ln, be denled the benefite of,
or besubJected to dlscrlminafion under any program or acUvlty receiying federdl
financial assis{ance. DHS implementing regulations for the Act are found at ts C.F.B
Pafl?1. Recipiente of a federal award from the Federal Emergency Management
Agency (FEMA) rnust also comply wlth FEMA's implementing regulations at 44
C,F.H. Part7,
clvll Hlghrs Act ot 1968
Reclpieiis must comply wr'fr Tide Vlll of the Ctvit hbtrts la of 1 968, Pub. L' No.
902M (codlfiedae am€nded at 42 U.S.C. $ 3601 etseq) whlch prohiblb redplerts
from dlicrimlnating ln the sale, rental, financlng, and advertislng of dwellings, or in
he provlsion of servlces in connecfron. herewiffr, on the basis of race, color,
natlonal orlgin, religion, dleability, familhl status, and sox, ae lmplemented by ttn
U.$. Departhent of Housing and Urban Development at 24 C.F-R' Part 1 00. The
prohibltlbn on dleability di6crlminstion lncludes he requirement that narr rnultlfamily
iuuslng wlth fuur or more dwelllng unlh- Le,, the publlc and cornmon u8€ aroas
and lndfuldual apartrnentunits (all unlts ln buildings wlth elevabrs and ground.floor
units in buildinga wlthout devabrs)-be dasigned and conetructod wlh cartain
accesdble feaures. (See 24 C.F.H. Part 100, Subpafi D.)
Artlcls 0
Artlcls 10
DHS-FEMA-EMPG-FY25 Page 31 of50 Klttitas Cou nty, E26-24 1
Adlcle 1l
Artlcle 12
Arllcld 19
Gommunlcatlon and Cooperstlon tfllth ths Department ol Homol0nd
Securlty and lmmlgratlon Olficlels
(1) All roclpl€nts and other reclpients of funds under this award must agreo thatJhdy
wiil comply wltr the following requirements related lo coordinaton and cOoperation
witi tho llepartment of Homeland $ecurlty and lrnmigration offclals: (a) They must
comply with tho requlrements of I U.S.C. $$ 1 373 and 1 64"11" These statutee
prohiblt restrictions on infornation tharirq by $tate and local governmont entitleg
wifr OHS regarCing he olfzenshlp or irnmlgration status, lawful or unlawful' of any
indivldual. Addltionally, I U.S.C. $ 1370 prohlblts any porson or agency from
prohlbiting, or in any way ro$tricting, a Federal, Slab, or local government entity..
hom doirrg any otthe foilorrring wlth respect to Information regarding the lmmigration
status of any lndlvidual: 1) sending euch lnlormation to, or requestlng or receivlng
such lnformaton from, Federal immlgration offclals; 2) maintainlng such
ftrfurnratlon; or 3) exchanglng such hlbfffiatlon wlft eny oth€r li€dsral, $hte, or
local governmont sntlty; (b) They mnst comply with other relemnt laws r€lated to
lmmigration, including prohibitlons on encouraging or induclng an alien b come to'
enteior recide in the United $tates in violation of law, I U.S.C, $ 1924(a)(1)$)(v)'
prohiiritions on transporting or moving lllegal aliens, I U.S.C. $ l SAa(aXl XA)00,
brohlbitions on nafioring, concealing, or shlelding from detection lllegal allens, 0
U.$.C. $ 13aa(d(lXAXill), and any appllcableconspiracy, alding or abetting' or
attempt tlaUltity regaidinghe$s shtut€q (c) Ttnt ttrey wlll honor requeets for
cooperation, such as partclpation in iolnt operadone, sharlng of informaiion, or
requests for short term detention of an allen pursuant to a valid detsln€r. A
lurisdiction doee not fail to comply with this requkement merely becauee it Incke tho
neceseary resources to asslst ln a pardcular inshnce; (d) That hey will provlde
acmse todehln€gs, such as when an lmmigratlon offcer sgeks to interview a
person who might be a remomble allen; and (e) That hey will notleak or othen'ldse
lublicize the eiiebnae of an lmmlgratlon enforcement operatlon" (e) the reciplent
rnust cerdty under penalty of perjury pursuant to 28 U.S'C. $ 1746 and uslng a brm
hat ie accephblo b DHS, that lt wlll comply with fte requkemente of fds term'
Addltlonally, tre reciplent agr66s that It wlll requlre any sUbreclplents or contactors
h c€rtit/ in ths $arflo ffann€r that they will comdy with thle term prlor to provldlng
frem wlth any funding urder this award. (0) The reclplent agrees that compllance
wltr fris term ls mateiial to the QOvernment's decision to make or condnue wih hls
award and that th€ Dopartmont of homsland $ecurity may teminate thls grant, or
hke any other allowable enforcemstt acdon, lf the recipient fails to comdy wlth ftis
term.
Debarment snd $uepen*lon
Recipients must comply wih the non'prccur€m€nt debarment and suspenel,on- -reguhtions lmplerneritlng E:<ecu$ve Qrdsf.slh&4$ and 12600 set forth at 2 C.F.R'
pirt I S0 a$ iniplemented by DH$ at 2 O.F.R. Part 3000. These regulatlono prohiblt
reciplents from entering lnto coverod tranEac'tlons (euch as eubawarde and
coniractsl wlth ceftsln partlee that are dsbarred, susponded, or othenvlse excluded
ftom or lneligible for parficlpation ln federal asslstame programs or acilvities.
Drug.Frre Workplace Hegulatlon$
Reclplents must comply wifr drug-ftee workplace requiremenb ln Subpart B (or.
Subiart C, ff the reclilgnt ls an indMdual) of 2C.F.R. Part3001, whlch adopts.he
Covernment- wide implementatlon (2 C.F.R. Part 182) of tre Drug'Free Workplace
Actof 1988 (41 U.S.C. $$ 8101-8106).
Copyrlght
neilitente mustafixthe appllcable copyrlght notlces of 17 U.$.C' $$ 401 or 402 to
any work frrst producsd under federal awards and also include an
acknowlodge rirent that the work was produced under a federa! award (lrylyding the
federal awird number and federalawarding agency). Ae detalled ln 2 C.F.R. $
200,315, a federal awarding agency rererves a royalty"free, nonexcluslve, and
irewcable righf h reproduco, publlsh, or othsn'vlse use fie work for federal
purpo6es and to auhorlze ohere to do so.
Artlcle 14
DHS-FEMA-EMPG.FY25 Page 32 of 50 Kittitas County, E2A^24 1
Article l5
Artlcls 16
Artlolo 17
Arllcls 18
Artlalo 19
Duplicatlus Costs
Heiipients are prohibited from chargirrg any cost to thls federal award fiat w1l be
includeo as a cint or used to mset cost sharlng requlrements of any oher federal
award in either ilre current or a prior budget period. $ee 2 C'F.H. $ 200.408(f).
Honover, recipienb may shift costs that are allowable urder fiffo or more federal
awarde whereotherwise permlfted by lederal shtutes, regulations, or the federal
award terms and condltions.
Educatlon Am6ndmonts of 19?2 (Equal opportunlly ln Educatlon Ao$ -
Tltle lx
Heclplents must comply wltr the requlrements of Tide lX of fie Education
Amendments of 1 97i, Fub. L. No. 92-318 (codified ae amended at 20 U-S.C- $
1681 ot ooq.), whloh provido ttrnt no porson in trs United States will, on fto basls of
sex, be excidded from psrtlcipafon in, be danied ths benofits of, or be subjected h
dlscrlmlnation under any educational program or acdvity receiving federal financial
assletance. DH$ implemendng regulatione are codlfred at 6 C'F.R- Part 17'
Recipients of 6 federal award fom the Federal Emergency Managemefi Agency
(FEMA) must also comply with FEMA's lmplernentlng regulations at 44 C.F.R' Part
1S.
Energy Pollcy and Conseruallon Acfi
Recipidnts muit comply ',lttr the requlrernenb of the Ensrgy Pollcy and
Conservation Act, Pub. L. No. 94-163 (1975) (codifred as amended at 42 U.S.C. $
6201 et seq.), which contaln policles relatlng to energy eftclency ftat are def ned in
he state energy conservation plan issuod ln compliance with hl6 Act.
Equal Trealment ol Falth-Based OrgEnlzatlonl
k ll DHS pollcy to en6ure fre eqwl treatnent of lalfr.based organlzatlons ln soclal
service piograms admlnietsred or supparted by DHS or lh component agencles'
.
enabllni those organizations to partlclpate ln provlding imporhntsocial seMces to
bsnoficlqrtes, Reciplents must comply wittr the equal trealment policles and
requirements mntainsd in 6 C.F.H. Part 19 ard other applicable statutee, .-
regulations, and guidancs governlng th€ partdpations of fulh.based organizations
in lndivldual DHS programc,
Antl-Dlscilnlnallon
Hecipientr muet comply wih all applicablo Federal and'dlscrlmlnation ta1vg.11A!9fat
to thi government's iayment dec-isions for purposee of 31 U.S'C. $ 372(bX4)' (1 )
llefinitibns. Ae used ln frls clause - (a) DEI means "dlversity, equity' and lnctuslon.'
(b) DEIA means'div€rsity, equity, inclusion, and accesslbllity." (c)Discrimhqqry,
iq'ulty tdeology hae the n'ioaningset torth ln $eitlon 2(b) of Executiye Qr{e1 !+] OO
ol'Juuary 29,2025. (d) Fedetal ant'discrlmlnatlon laws m€an Federal civll rlghb
law that piroteit lndMddal Americans from discrlmlnatlon on the basis of racs, cdor,
eex, religlon, and natlonalorlsln. (e) lllegal lrnmlgrantm€ansanyallgn aq !9fi1ed.!n
I U:s.c;$ 1i01(aXg), who has nb lawful lmmlgraflon stntue in tho Unitcd Sbt06.(2)
Grant awird ceriin'Caiion. (a) By acceptlng ttre grant award, r€ciplenh are cerffolng
trafi (l) They do not, and dili not durlng the term of this frnancial aedetance award,
operiG any programe trat advarrce or prorflote DEl, DEIA, or dlecriminatory equ$
ideology in violation of Federal anfl-discrimination laws; and (ii) They do nol g.lga.So
in and-rirltt not durlng the term of thls award engage ln, a discrlminatory prohlblted
boycott. (iii) Ttrey do not, and will not duling he torm of his award, opsrats any
prdgram firat Uenefib ill€gal immlgrants or lncentivizes lllegal immlgradon, Ql DHI
ieserve€ fie nghtto suspsrd paymg1t€ ln whole orlnpxt,andlortenninate fnanclal
assishnce awards if tre Secrehry of Homeland $ecurlty or her designee
detsrmlnes hat fre reclplent has vlohted any provislon of subseatlon (2). (4) Upon
suepsnsion or termination under subsecton (3), all funds recelv€d by the reclplent
shail be deemed b be ln oxcese of tho arnount that the reclplont ls determlned to be
entitled to under the Federal award for pUrposes of 2 C.F.H. $ 200.345. As such' all
amounts r€cotvd wlll conetitute a debt b ttre Federal Government that may be
pursued to the maximum extent pormltted by law.
DHS-FEMA-EMPG-FY25 Page 33 of 50 Kittitas County, E26-241
Artlclo 20
Arllcle 21
Artlcls zil
Artlcld 2S
Artlclo 24
Afilols 26
Artlcls 20
False Clalms Act and Prugram Frdud Clvll Hemedlss
Fleclplents must comply wifr the requiremenh of the False Claims Act, 31 US'O'
$$ 3729- 3733, which prohibit tre submission of false or fraudulent clalms for
fiiyrnent to tfn' Federai Governmenl ($ee 31 U.g.C. gg 3001 "381 2, which details
ihe administraflve remedies for false clalms and statements rnade.)
Federal Dsbt stalus
All recipients are requlred to be non-dellnquent in their repayrnent of any federal
debt. Eramples of rilevant debt lnclude delinquent payroll and otrer h,xes, audit
dkallowances, and benefit overpaymenF. See OMB Clrcular A129.
Federal Leaderchlp on Reduclng Text Msssaglng whlle DrlvlnS
nectptents are encouraged b adopland enfqrce policles trat ban text messaglng
whild drfulng reclplenttrrned, rec'lplent-rented, or prlvately gwned vehlcles whsn on
offcial govdnmei.rt business or wh-en perbrmlng any work for or on betulf of the
FederaT Gowrnment, Recipients are al$o encouraged to conduct ths lnitiatlvgs of
ho typ€ described ln $ecffon 3(a) of Executlve Order 10610.
FlyArflorlca Act ollgl4
Recipientc must comply wltr Preference for U,$. FlagAlr Carriere (a llst of cerdfied
akdrr'rere can be tunO at Cerdilcated Alr Carrlers Llst I US Departmontof
Transportatlon, htFs/llvurw.transportatlon.gov/pollcy/avlatim'policy/certificated"
akcariiers.ll*)ior internadonal ah tarsportaffon of people and property to tho extent
tratsuch s€rvlce le available, ln accordance lttih th€ lnt6rndflonal Air
Transportatlon Fair Compeffve Practces Act of 1974, 49 U.$.C. $ 401 I I' and he
lnteryetative guldellnes issued by tre Comptroll6r General of he Unlt€d Statos ln
fre March 3t , 1901 , amendmont to Comptroller General Decision 8-138942,
Hotol snd Motol Flrs galoty Act ol l09ll
HeClpients must ensUre trat dll conference, meeting, convention, or falning space
fundid ondrely or ln part by federal award funds comdies wfth tre fire preventlon
ard controt gilHenn& ol Section 0 of ths Hotel and Motel Fhe Safety Act of 1990,
15 U.$.C. $ 2225a.
,lohn s. Mccdn Natlonql Detense Authodzatlon Aat ot Flscal Year 21110
Recloients. subreclnl6nt6, and thslr confactore and subaortractors are subJect to
fre frrohibiiions dedcrlbed ln section 889 of ths John $. Mcpaln National Defense
Authorizadon Act for Fiscal Year 2019, Pub. L' No. 115'292 (201 8) and 2 O'F.B' $$
20A216,200,927,200.471 , and Appendlx ll h 2 C'F'R' Part 200. Tho sbtut€ - aE
it appliei to DH$ reclpienb, subrecipbnts, and ftek contractore and subcontrActor$
- piotribits obllgating or oxpendlnq federalaward funde on certaln
tsiecommunh;tionJand video eumelllance producte and csntractlng wlfi cerhln
entitles for natlonal security reaeone"
and addiff onal r€sourcec
DHS-FEMA.EMPG.FY25
on htp/iururwJep.gov.
Page 34 of 50 Kittitas County , E26-241
Articlo U
Artlcls 28
Artlclo 20
Lobbylng Pruhlbliion$
Reciphnti mustcomply wltr 31 U.S.C. $ 1352 and 6 C.F.R. Part 9, wttlch provlde
trat none of fte funds provided under a federal award may be expended by fie
recipient to pay any person b influsncs, or attempt to influence an offcel or
employee of any agency, a Member of Congrees, an offcer or employee of
Congrbss, or an employeo of a Member of Congress in connection with any federal
acton related to a tederat award or Confiact, lncludirg any extension, continuqtion,
renswal, flmendment, or modifrcatlon. Per 6 C.F R. Part 9, reciplonts mustllls a
lobbying cerlification fom as described in Appendix A to 6 O.F'R. Fart I or
avallable on Grants.gov as the Grants.gov Lobbylng Form and flle a lobbylng
disclosure form as descrlbsd in Appendix B b 6 C.F'R' Part 9 or available on
Grants.govae tre Disclosure of Lobbylng Acdvlties ($F.LLL).
Natlonul Envlronmenial Pollcy Act
Hecipients mustcomplywih thelequlremenb of the National Envkonmental Policy
Actdf 1969, Pub. L. No.91-190 (1970) (codified as amerded at42 U.S'C. S 4321
ets€q) (NEPA) and tre Courrcil on EnvlronmentatQuality (CEQ) Regulation* for
lmplementing the Procedursl Provlslons of NEPA, whlch require reciplents h use
all pracdcable meanswlthln treir aufrorlty, and consietent wift ofrer essential
considerations of naflonat pollcy, to create and malnhln conditions under whhh
peopteand nalurecan o<lst in productivo harmony and fulfrll theEoclal, e@nomlc,
ard other noeds of present and future generaUone of Arnerlcans.
Articls 3lt
Natlonal $6curity Fresltlenllal Memorsndum.tlS (ltI$PM'33) and provl$lons
ol tho cHlPg md 8cl6nc6 Act o12022, Fub. [,117'167, socllon 102s4
(1) Becipl€nt ros€arch insUtutlons ('covorsd instihrtions") mustcomply wifi the
requlrements ln N$PM-33 and provlslons of Pub. 1.1 I 7-167, S€ction 10254
(codifred at 42 U.S.C. $ 1s961 ) certifying tlut the lnstituton has establlshed and
operates a research securlty program that lncludee elernents r€latlng to: (a)
..
cybersecurlty; (b) forelgn travol securiry; (c) reeearch security tralning; and (d)
export confol training, as approprlate, (2) Defrnition.'Covered institttionso means
reilplent reeearch lnstltufons reoelving federal Hesearch and Development (R&D)
ccience and englneering support'in o<cess ol $50 mllllon per year'"
Non€upplantlng Hequlrement
Heciplents of federal auards under prcgrams that prohiblt supplanting by law must
enswe thal fedenal funde supplemont but do not supplant non4ederal funds hat, in
he abeenco of euch federaliunde, would otherwlse have beon made avallablo for
he same purpose,
Prssldsntld E.lrscutlve Oderc
Recipiente must comply witr the requirements of Presidential Executive Orders
relatid to grants (also known ae f€deral aesistance and financial aselsbnce), the
full text of which are incorporated by reference.
Notlce ol Fundlng Opportunlty Hsqulremonte
All fie instructonc, guldanc,e, limltatlons, 6copo of work, and other condithns set
forth ln the Notlce of Funding Opportunity (NOFO) for fris lederal award are
lncorporated by referenco. All recipients must comply wlth any such requir€ments
set forth ln ths NOFO. ]f a condidon of trre NOFO is lnconeletent wlh these terms
and condlfione and anysrch terms of fio federal awatd, dte condidon ln fie NOFO
shall be lnt/alid to hs odent of the lnconslstency. The remalndor ol that cordltlon
and all other condltlons sot forth ln ttre NOFO shall rernain in effect.
pstsnt8 and lntolloctual Fropsrty Rlghls
Reclpients are subject to tre Bayh.Dolo Act, 35 U.S.C. $ 200 et seq. and appllcable
reguiatlons governing lnventhne and patents, lncluding fre regulatlone lsq{ed by
tre Ospartm€nt of Commerco at g7 C.F.R. Part 401 (Bights to lnventione Made by
Nonprofrt Organizations and Small Businese Finns under Government Awarde,
ConfEcts, and Cmperatlve Agreomont8) and the stardard patont rbht$ clau6e set
torthat37 C.F.R. $ 401.14.
Artlclo 31
Artlcls 32
Artlcls 3ll
DHS-FEMA-EMPG-FY25 Page 35 of 50 Kittitas County, E26-241
ArllclE 34
Aftlcls 95
Artlcls 30
Artlcls 87
Procureil6nt ot Fgooverud ilatorlals
$tates, politlcal suMMslone of states, and thelr contacbrs must comply with. -
$ection'oooe ot the $olid waste Disposal Act, Pub. L. No. 89'272 (1965) (codified
asamended bytre Resource Cons€ruation and HecoveryActataz U.$.O. $ 6962)
ard 2 C.F.H. $200.320. Th€ requirements of Sectlon 6002 include procuring only
Items designabd ln guldelines of the Envkonmenhl Protection Agency (EFA) at 40
C.F.A. PNl247 ttrat conhln the hlgheet percentage of recovered materiah
practlcable, conslstent witr maintainlng a eatisfactory level of competition.
Rshdbllltarion Act dt 1073
Rociplente must comply wlh the requlremonb of Sectlon 504 of the Rehabilihuon
Actdf 1973, Pub. L. N0.93.112 (qodifiedasamendedat20 U's-C.6 794)',whlch
provldes that no otherw'ree quallfiod handlcsppod lndivlduals ln the Unlted $tabs
irvitt, sotely by reason of the handhap, be excluded fiom parlidpatlon in, bedenied
tre benefltsbf, or be subJected to discrimlnation under any program or acdvity
reoeivlng bdsal ff nanclat assistrnce.
Hsportlng $ubawarde and Exeoullve Compensallon
foitsCerat awdrds that total or sxceed $00,000, reclplents are requlred to comply
witr ths requirements set furth ln the govprnment-wlde federal award t€rm and
condidon on Flepordng $ubar,rards and Executlve Componsation 66t forh at 2
C.F.H. Part 170, Appendix A, fre full text of whlch ls lncorporated by reference.
Reponlng Hoclplsnr hGgrlty rnd Perlomsncs Mafterc
fi ttis total nalue of any cunent{y aclive grants, cooperative agreements, and
procur€ment contracts from all federat awarding agerrcles exceeds $10,000,000 for
hny perlod of time during ihs perlod of perfomancs of ths fuerd award, then the
rectltent must cornply wifr the r€qulremonb 66t turth ln the govornm€nt'wide
feddrd award tsrm and condifion for Reciplent lnbgri1y and Performancs Mattere ls
in 2 C.F,H. Part200, AppendlxXll, fre fulltertof which le incorporated by
refurence.
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DHS.FEMA-EMPG.FY25 Page 36 of 50 Klttitas County, E26-241
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Artlcls gg
Artlclg 40
Requlred Use ol.{merloan lron' $teel, llanulac{ured Products' and
Gonstrucllon Matetlals
(1) Recipiente of a fsderal award from a financial asslstanco program that provides
fuirdlng ior lnfrastructure ars her€by notified that none of the funds provlded under
file bderal award may be used for a proJect for lnfrasfLrcture unless: (a) all iron and
steel used ln the prolectare produced in the Unlted Sbt€s*fils means all
manufacfurlng proeesses, fom ttre initlal meldng ehge through the dppliaadon of
coqtinos, occurred in thp Unlled Slatss; (b) all manufactured products used ln the
project are produced in ttre United $tabs-thls rneans the manufactured producl
was manufiictured in tre United States; and fro cost of the components of fte
manuftctured product frat are mlrcd, prodwed, or manufactursd ln the Unlt€d
Statee ls greater than 55 percent of the tobl cost of all compononts of he
manufuctured product, unless anoher standard fur determining ilm mlnimum
amount of domesdc content of the manulactured product has bsen establlshed
under appllcnble law or regulation; and (c) all conetructlon materlals are
manufaciured in fro Unifed States-this moans that all manufaot rdng proc€ss€$
tur the construcdon materlal occuned ln lhe Urfted States' (2) The Buy Amerlca
preference only applies to articlee, materlals, and euppli€s that ar€ consumed ln,
incorporabd into, or affxed h an intrasfucture prolect. As such, lt doer rnt apply to
hols, equlpment, and supplies, such as temporary scafrolding' brought to tn
conefuctlon site and removed al or before the completion of fte lnfrastrcture
prolect, Nor does a Buy Amerlca preference apply to equlpment and furnlshlngs,
iuitr as movable chalrs, desks, and porhblo c0mput6r equiprnent, that are used at
or within the frnlsh€d lnfrastucture prd€ct but aro not an integral part of the
structure or pormanently affxed to the lnfrasfucture prdect. (0) Walveru When
nsc€$6ary, recipients may apply fur, and tre agency may grant, a walvor fiom thess
requlrements. The agency ehould notlfy fre reciplont for lnformation on fte procssc
foriequestlng a walver from these requlremenb. (a) When fie Fsderal agerrcy hae
deterrirlrred that one Ol frO follolrrlng excefilons appllee , the federal a',narding oftclal
may walve the appllcadon of the domestic content procurement preforence In any
case in whlch tre agency d€tsrmines that: (l) applylng the domeetic content
procurement preference would be inconsistentwith lhe public lnt€rost; (it) the tyPPG
bf fon, steel, itanufactlred producb, or construcdon materiale are not produced ln
fre Unlted $tates in suffclent and reaconably available quantitles or of a
eatlofiaatory quallty;or (iii) tre lnclution of lron, 6teel, manuhctured products, or
consfuction materlals produced ln dre United $tatee will irrcrease ths cost of the
overall prolect by more tran 26 parc€nt. (b) A r€quo6t to wnive the applicatlon of the
domestlc content proaur€Iflsnt preference must bo ln wdtlng' The agen0y will
provlde instrucilons on fre format, contents, and supporting materials requlred for
any waiver roquest, Walver requeeb ars sublectto publlc cornmentperiods of no
tess than 15 diys and must b€ reviewed by the Made in Amerlca Offce. (c) Ttrere
may be inetancis where a federal award qr,nlifree, ln whole or ln part, for an exletlng
walver describod at 'Buy Amstlca' Preferenc€ in FEMA Flnanclal Assishnce
Prograrne tur lnfrastnrcture I FEMA.gov. (4) Dellnltlons. The definltions appllcable to
hlsterm are set forth at 2 C.F.R. S 184.S, the full toxt of whlch ls incorporated by
refererrce.
gAFECOfti
Reclplente recelving federal awarde made undsr pogramr that prorlde emergency
communlcaflon equlpment and lb related sctlvltles rflust comdy with the
SAFECOM Guidaircs for Emergency Communlcation Grants, lnchding provlslone
on Fchnlcal standatds that onsure and enhance interoperable communicafions.
Th€ SAFEOOM Guldarne ls updated annually and can be found at Funding and
Sustainment I CISA.
Suhroclplsnl illonltodng and ilanagement
Pass-through entltlee mustcomply wltt the requlremenh tur subrscipient
monibdng and managemsntaB setforth in 2 C.F.R.$$ 200.331-333.
Aitlclo 41 Systen lor Award llunagemerrt and Unlque Entlty ldsn{fier Requlrenente
Heclpbnte are requlred to comply wlth fn roqulrem€nts sdt forth ln tho
govemmentwide federal award term and condltlon regardlng fie Syst€m for Award
Managoment and Unique Entlty ldentlfier Requirements in 2 C.F.R. Part 25,
Appendlx A, fre full tsxt of whlch ls lncorporated roference.
DHS-FEMA-EMPG.FY25 Page 37 of 50 Kittitas County, E26-241
Anlclo 42
Artiolg /t3
Afilcls 4{
Arllclo 45
Artlcle 48
Arllcle 47
Termlnstlon ot a Fsderul Aurard
(1) By DHS. DHS may terminate a federal award, ln whole or in part, for the
foilowlng reasons: (a) lf the reclpient fails to comply with the terms and conditions of
fie federal award; (b) lMtr ths consent of tho r€clpl€nt, in whlch case the parfes
must agree upon ths termlnation condldons, including the elbcdve date, and in frn
case of partlal terminaton, lhe portion to be termlnated;or (c) Pursuant to the terms
and condidons ol tre federal award, lncludlng, to the extent auhodzed by law, lf he
federal award no longer efecfr.tates tho program goals or agency priorities' (3) By
tre Hecipient. The reciptent may brmlnate he federal award, ln whole or in part, by
sending written notiftcafon to DH$ staling the reasons fur swh termlnadon, the
efiectvo dat€, and in fte case of partial terminaflon, the porfion to bo t€rmlnatud.
Horever, lf DHS determlnee drat he remaining portion ol the federal award will not
accomplish lh6 purposes forwtrlch tho federal award was made, DH$ may
brminate he federal award in its entrety. (4) Notice' Elther party will provlde writbn
mtice of lnbnt to termlnate for any roason to fto oiher paty no less fian 30
calendar days ptior b the effsctive date ol he teminfltlon' (5) Gompllance with
Closeout ReqrJrements {or Termlnated Awards. The reclplent rnuctcontinue to
comply with closeout requiremenb in 2 C.F.H. $$ 200.344200.345 after an award le
brminated.
Terorlst Flnsnclng
Reciplente must comply witr B<eoutve Order 10224 and appllcable statutory
prohlbltlons on transactlons with, and the provlsions of rssources and support b,
indlviduals and organlzations assoclated wifr terorlsm, R€ciplonts are legally
responsiHe for ensurlng compllance wlttr tto Executive Order and lawe.
Tlrlfi cklng vlcrlms prctocrlon Act ol 2000(IVPA)
Heciplents must comply wltr the requlremenb of the government'wide federal
award term and condltlon whlch implements Traffcklng Victlms ProtectlonActof
2000, Pub. L. No. 1 06-386, S 1 06 (codlffed as arnended at 22 U'S.G $ 71 04)- The
federal award term and condidon ls ln 2 C.F.R. $ 175.1 05, the tutl text of which le
lncorporated by referencs,
Unlllng and lltrgngthonlng Amerlca by Frovldlng Appropdals Tools
Hequlred to lntgfcspt and obstucl Torrorlsm (usA pATRloT) Act o12001'
Pub. t.107-56
Hecipiente muet cornply witr the requlremenb of Pub. L' 1 07-56, $ection &17 ol he
USA PATRIOTAct, whlch amends 18 U's.C. $$ 175-175c.
U$6 ol DHg $eul, Logo und Flf,g$
Reciplents must obtaln written pennission fiom DH$ prlor to uelng tho DHS seals'
logo€, creeh, or reproductione of flags, or llkeneeses of DH$ agency offcials. Thls
lncludee use of DHS component (e.9., FEMA, CISA, etc.) seals, logo$, crests, or
reproductlone of flags, or llkenessos of component offclals.
Whlslleblowsr Prutocillon Act
Heclflente must cornply witr the btatuhry loquirsments for whlsdebtower
protectlons in 10 U.S.C $ 470141 U.S.C- $ 4712.
DHS-FEMA-EMPG-FY25 Page 38 of 50 Kittltas county, E26'241
Aillcls 48
Arlldo4e
ArtlclE 6{l
Envlronmontul Plannlng and Hlstorlc Prossruatlon (EHF) Roviotrv
DHS/FEMA furded aafivlties thatcould have an lmpacton lhe envlronment are
subjectto tro FEMA EHP revio,v process. Thls revlew does not addrese all federal'
state, and local requiremenF. Acceptance of federal funding requires the reclpient
b comply wlth all federal, strte, and local laws, DH$/FEMA is requlred to conslder
fie pobnfld lmpacts to natural and cultural rosources of all projects lunded by
DH9FEMA grant funds, through its EHP revlew proooss, ss mandated by: the
Natonal Envlronmental Policy Act Endangered $pocles Act; National Hi$toric
Preservation Act of 1966, as amendedl Clean Water Act; 0lean Alr Act; National
Flood Ineurance Program regulations;and any other appllcable laws, regulations
and oxecutive orders. General guldance for FEMA'e EHP promss ie available on
fie DHS/FEMA Webslte. Specific applicant guldance on how tosubmlt lnformadon
fur EHP reviow depends on the lndMdual grant program. Applicants should contact
treir grant Program Olficer to be put lnto conhct wlBr EHP staff rosponslble fur
asslsting theh speclfic grant program. The FEMA EHP roview process must bo
cornpleted before funds are releaeed to carry out ths proposod prdect, ohenvise,
DH$iFEMA may not be abte to tund the prolectdu€ to noncompllance wlth EHP
laws, executive orderq regulatione, and pollcies. DHS/FEMA may also noed to
perform a project closeout review to ensuo the spplicant cornplied with all required
EHP corrdilions identified in tre inilial reviol. Iground disturbingactivitiesoccur
during constrrction, the applicantwill monibr the ground disturbancs, and if any
potentlal archaeological resources are dlucoverd, theapfllaantwlll immedlately
cease work ln tlnt area and notifu the pass4hrough entity' if applicable, and
DHS/FEMA. EO f 19S8, Floodphln Managemenfi and EO 11990, Protectlonof
Weflands, requke frat all federal actlons ln or affectlng lhe floodplain or weflands be
reviewed bropportunities b relocate, and be evaluated hr social, economic,
hlstorlcal, environmenEl, legal, and safety consideratone . FEMA'g reguladons at
,14 C.F.R. Part I lmplement the EOs qnd requlre an elght step revlew process lf a
propoeed actlon ls ln a floodplaln or weUand or has the potontlal b aff€{lt or bo,
hffbcted by a f,oodplain or wetand. The regulatlon also reqdres fiat he federal
agenoy provlde publlc notlce of fre propoeed actlon at the sarliest poeslHe fime to
provlde the opporhnlty for public lnvolvement ln the decision-making process (!i
C,F.n. $ 9.8). Where there is no opportunlty to relocale the federal actlon, FEMA k
required to undertake a detailod revlew b determlne what measur€s can be hken
to mlnlmlze future damages to fte foodplaln or wetland.
Appllcablllty ol DH8 glandard Teffil$ tnd Condlllons lo Trlbnl Nailons
The DH$ $tandard Terme and Condidons ar€ a restatement ol general
requirernente lmpoeed upon reclpients and flow down to sub'reclplontc aE a mattsr
of law, regulation, or executive older, lf the requhernent does not apply to Trlbal
Nadons, or thsre is a federal law or regulatlon exempling lts applicatlon to Trlbal
Natione, then tho accoptrnce by Trlbal Nations, or acqulsscence to DHS Standard
Terms and Conditlons doee not change or alter lts inapplicabillty to a TrlM Nation'
The exscufion ot grant docwents is not lntendod lo change, alter, amend, Qr
impose additional liabilifl or responsibility upon he Tribal Natione where lt doee not
akeady exlst.
Accoptanc€ of Post Awad Ghangee
ln the event FEMA determlnes hat an error in he award packsgs has been mads,
or if an administ ralva clnnge must be made to he alrard package, rechlents wlll
be notified of the change in wridng. Once the nolifrcation has been made, any
subsequentraquestsforfunde wlll indlcab reciplentacceptanc€of thechang€sto
fie award. Please email FEMA Grant lrlanagement Operations at A$K'
GMD@fema.dhs.gov br any quostions.
DHS-FEMA-EMPG-FY25 Page 39 of 50 Klttitas County, E26-241
Adlclo 51
Artlcl6 62
Artlclo 63
Artlclo 64
ftilc16 56
Dlsposltlon ol EqulpmsntAcqulred Underthe Federal Award
Whin origlnal or replacement equiprnent acquhed under tris award ls no longer
needed fur fie original prdector program or for oher acdvities currendy or
prevlously srpporbd by a federal awarding agency, the non'stia'te reclpientor
irubreciplent (lncludlng subreclplents of a State or Trlbal Natlon), must request
instuctons from FEMA b make proper dlspositlon of the equipment pursuant to 2
c.F.R. section 200.310(e). state recipienh must followfi€ disposithn requirsments
ln accordance wifr State laws and proceduree.2 C'F.H. sectlon 200.313(b)- Tribal
Nations must follow the disposition requlrernonts ln accordance wlth Tribsl laws
and procedures noted ln 2 b.F.H. sectlon 200.913(b); and if such laws and
prOcedures do not exist, fren Tribal Nations must follow the disposifion instructions
in 2 C.F.H. sectlon 200.310(e),
PrlorApproval for Uodltlcailon ol Appruved Budgst
Befure miklng any change lo the FEMA approved budgst tor thls award, a wrlthn
roquost rnust be submittsd and approrred by FEMA as reqslred bJ2 C-F.H' secton
20030S. For purposes of rnn"conetructon prdects, FEMA ls utllizlng lts dlscrotlon
to lmpoee an hddtional restrlclion undsr2 C.F.R. section 2(10308(0 regardlng tho
tanefer of funds amon6 direct coct catogories, programs, functiors, or activifree '
For awards wlfi an approved budget wtrere fre fedsral share ls greater flran fte
simplified ae4uiriffon fireshold (currendy $250,000) and where ths cumulative
am6unt of sudh tranefer$ exc66ils or is expected h exceed ten p€rc€nt (1 0ol4 of tt€
htal budget FEMA last approved, fansfenlng funds among dlroct cost catsgodes,
programs, funcdons, or acfivltlss is unallowaHe wlthout prlor written approval from
FElrtR, for purposde of awarde that Eupport both con6tructon and non-conEtructlon
work, 2 C.F.R. sectlon 200.S08((0(9) requires ttte recipient to obtaln prior written
approval from FEMA before making anyfund or budgettransfers between the two
types of woft. Any doviatione from a FEMA approved budget must be r€ryrtqd ll
fr'e nr* federal Flnanclal Heport ($F-425) frat is submitted bllowing any budgot
devlatlon, rogardloss ol whether tho budget deviadon requkoe prior wrltten
approval.
lndlroct Gost hate
2 C.F.R. ssotlon 200.21 1 (bX16) requiree trs terme of ths award h lnclude the
indlrect cost rale for the fdderal award. lf apdlcable, fie lndirect co6t rat€ for tf6
award ls etated ln the budgd docum€nb or other materlals approved by FEMA and
lncluded ln the award flle.
Bulld Anodca, Euy Amerlca Aot (BABAA) Hequlrtd Contract Frovlslon &
$ell.Csrtlflcatlon
ln addltlon to the DH$ $tardard Tems & Conditlons regardlng Hequhed Uee of
American lron, Steel, Manufactwed Producte, and Constuction Mabrhls,
reclplents and subreclplente of FEMAflnancial asslEhnce br programsthatare
subiect to BABAA muet lnclude a Buy America preferenea confad ptgvls,lq 99 -rnt6d In e C.F.R. s€ctlon 184.4and aself-cerUftcatlon as required by the FEMA Buy
America Preference ln FEMA Flnancial Aselebnce Programs for lnfrastructure
(FEMA lntgrlm Pollcy #207"22-0001), This requlrement epdles to all subawards,
contracts, and purchase ordere for uork perfonned, or producte eupplied under ths
FEMA award subJect to BABAA.
Fundlng Hold: Flnul FY2025 Emergency Psrlormancs Managemenl Grunt
(EttiPG) Work Plan
Ff UR fias placed a funding tnld on frls auiard. $3,4'17,786 is on hold in trs FEMA
finan-clal systems. The reclplent is prohlbt'ted from obllgating' expending, or,
drawing down fre funds associated witft the follotl,ing prdec'tsilrvestmen$: State ol
Washlngton Fl 2025 Ernorgency Management Performancs Grant (EUP.q!. - --
$3,417,786. To release fiefundlng hold, the reclplont must provlde a final ry?9?F
EMPO Work Plan by January 14,2026, tttat meeb tho requhemenb of the FY 2026
Emergency Management Performarrcs Grant (EMPG) Notlce of Funding
Opporilrnlty (NOFb). FEMA wlllresclnd tho fundlng hold upon lts revlew and .
afproval ot tre nn* fVe025 EMPG Work Plan. lf ytu boliwe trls,fundlng hold was
pidced ln errot ploase contact the relevant Gtanb lvlan'agement Speclalist'
DHS.FEMA-EMPG-FY25 Page 40 of 50 Kittitas County, E26-241
Arllcls 56 Coffpllqncs urlth Federal lmmlgratlon Law
1. Frohibltion a. The stato or terlbrlal recipient is prohibited from making
subawards to a local government that the Department of Homeland Security or he
Department of Justhe tns designated as a sanctuary jurlsdicdon. lf the Department
of Homeland Security or Departmentof Justice deslgnatesa local governrnent as a
sanctuary lurisdictlon after ths state or territorial recipient maker a subaward to ftat
local government, tho slat€ or terrltorial reclplent must suspend tho subaward, he
state or terrlbrial recipient muet rnt make any addltional paymenh b tho local
gowrnm€nt, and fre iocal government is prohibihd from maklng any finarnial
obligatlons under tho subaward on and sfter he date of designaffon until he
Department of Homeland Security or Departnent of Justlc€ r€moves that
des'rgnation. b. The Deparbnent of Homsland $ecurity designatee a local
gov€mment as a eancfuary iuriedlcllon if it fails to comply wlth the requlrements set
furth ln paragraphs 2.a.1 to v of frls term and condition. 2. Certfcatlon a' Ths state
or tenitorial reclpient muet requlre all local government subrecipienb to certiil
under penalty oi periury pureuant to 28 U,S.C. $ 1746, and using a fom fiat is
qcmptabl€ to the Depar0nart of Homeland $ecurity, ttnt ttrc local govemment wlll
csmply wittr the folhwing requlremonts related to coordinatrbn and cooperafon '/vith
fre Department of Homeland Security and lmmigrafion oficials: i. They wlll comply
wifr the requirements of S U.$.O. $$ 1370 and 1644, Thess strtubs prohiblt
restrhfions on informadon sharlng by slate and local govemment €ntltles with tho
D€partment of Homeland $ecurity regardlng the cftizenshlp or lmmlgrafion status'
larriiul or unlawtul, of any lndMdual. Addilionally, I U.S.C. $ 1370 prdlbib any
person or aqency from prohlbitlng, or ln any way r€6trhting, a Fed€ral, 6tato, or
iocal governmeni entity from dolng any of the following wlth respect to lnformation
rsgardin0 tho lmmlgration stau6 of any lndivldual: (1) ssnding such informatlon to,
or iequesilng or receivlng swh informaton from, Federalirnmigratlon offclals; (2)
maintalnlng such information; or (9) excharrglng such lnfomation wlth any other
Federal, stiate, or local governmenl entity" il. They will comply witt ofiet relevant
lauru related to immlgration, lncludlng prohlbldons on encouraging or lrduc{ng an
allen to come to, enter, or reside in the United $tatee ln violation of law, I U.S.C. $
132a(aXl XAXlv), prohlbiffons on Uansporting or movlng illegalalienu, I US.O' $
1324(axl XAXll), prohibitions on harboring, conceallng, or shielding from detectlon
ittegaidti€ils, I U.$.C. $ 1324(axlXA)(iii), and any appllcable conspkacy, aiding or
abottlng, or attempt lhblllty regardlng the6o statutos, lll. Thoy wlll honor roguesF for
cooporatlon, euch as partcipating ln Jolr$ oporatlone , sharing of informailon, or
requesls for short term detentlon of an all€n pursuant to a valid detalner. A
jurlsdiction does not failto comply wlth thb requhemont merely because it lacks the
noc€s$ary rs8ources to a66lst ln a particular lnshnc€. lv. They will prodde accase
f detatnias, srch ae when an lmmigratlon offcer seeks to intervlow a person who
mlght bs a removable allen, v, They will not leak or ohenruise publlclze fte
E<istence of an immlgratton enforcementoperation. b. The 6ktt6ortoribrlal
r€clpisnt must r€qulre a local 0ovornmont subrecipient to make tho cortification
above before proddlng thern witr any fundlng under the subaward. S. Mattrlality
and Hemedies for Noncomplian@ Thi6 bnn and condition le rnfltorial to th€
Ilspartment of Homeland $ecurlty'e declslon to make this grant award and ttn
Ospartmontof Homeland $ecurity may taka any rcmedy for noncompliance'
lncluding termlnatlon, lf trc state or torrlbrlal reaipient or any lacal government
subreclpient falls to comply wlth fils tern and conditlon'
Non"Appllcabllity ol Spccltlc Terms and Agreement Arllol€s
Notwlttistanding theh incluslon in thie award package, the follo,tdng terms and
Agreement Arthles do not apply to thle grant award: (1) paragraph 9'lX
(Communicatlon and Oooperafon wltr ths Departmentof Homeland Securlty and
lmmlgratlon Offclals) of the DHS $tandard Terms and Condltions and tho
Agreement Article titled "Communlcafion and Cooperalion with tre Departnent of
Homeland $scurity and lmmlgradon Officlale" In thls award packageiand (21
paragraph CXVII(2XaXlli) (Anf"Dlscrlminatlon GrantAward Oertifrcaffon regardlng
immlgra:don) of the DHS Standard Tsrms and Condlfions and paragraph (zXaXlll)
of the Agrs€mentArticle lided "Anti-Discriminafion" ln his award package.
Artlals 57
DHS-FEMA-EMPG-FY25 Page 41 of50 Kittitas Cou nty, E26-241
Arllols 58
Artlcle 50
lmpacl ol $an Francleco u Trump Prellmlnary lnluncilon
Puisuantto tre preliminary inlurrction order issuod on Augusl2?,2028,ln City and
County of San Franclsco, et al. v. Trump, et al., No.3:25'cv'01350 (N'D' Cfl)' he
following terms and conditions do not apply to ewards or subawards lesued to any
of the plaintlffe sublect to the prellmlnary inlunctlon order whlle fre order remalns in
offect'(1) paragraph C.lX (Communicatlon and Cooporationwith he Departmentof
Homeland Securrty and lmmlgration Offclals) of tlB DH$ Standard Terms and
C.onditions and Up AgreementArticle tided nQommunicadon and Cooperation wlth
tre Departrnentof Homeland Security and lmmlgratlon Oficials" ln this award
packaie; (2) puagraph C,)ff l(zXaXili) (Antl-Dlscrirnination Grant Award
C€rtification regardlng lmmlgration) of tre DHS Standard Termsand Conditlons
and paragraph (zXaXilD of the Agreement Artlcle titled'And'Dlscrimlnadon" in hls
award packago; anl (S) tho n0ompllancewith Federal lmmlgrallon Law"
ngreerirent nrticle. lf tre prelimlnary injurrcton ls shyed, vacabd, or extinguished,
frb "Compliance wlth Federql lmrnlgration Law" AgreementArtlciewlll lmmedlately
becorns afioctive.
lmpgcl ol $late ol llllnole v. FEMA lnlunc{lon
Pulsuantto fie memorandum and order lssued on Soptember 24,2026,1n $tats of
llllnole, et al. v. Federal Em€rgoncy Managemont Agency, et' al, No. 25-206 (0.
H.l), ths follolvlng tems and condldons do not apply b awards or subawards
issued h any of tln plalntlfis sublect b ths inJunction order while the order r€mains
in effecI (1) paragraph C.lX (Communicadon and Cooperatlon with the Deparbnent
of Hornslatid $ecurl[rand lmmigration Offclals) of the DH$ $tandard Torms and
Condltlons and the AgreementArdcle tiiled 'Communlcafion and Cooperatlon wlth
h6 D,opartmsntof Homeland $ecurlty and lmmigration Offciale'' in this award
mckage; (2) paragraph C.)ru1(eXa)0ll) (Antl'Dlscrlmlnadon Grant Award
Certlfrcaddn regarding lmmlgratlon) of tre DHS $tandard Terms and Corditlons
and paragrapffiXafllll) of the Agreement Article tltled 'Ant"Discriminafion" in ttls
award packago; and (3)the 'Cornpllance with Fed€ral lmmlgratlon Lauru
Agreemont Artlcle. lf dre lnlunctlon le etayed, vacated, or extirrguleh€d, the_
'Compllarrce wlth Federal lmmlgratton Law" Agreement Article will lmmedlatdy
become effective.
l,lon-Appllcabllily ol Sp$cltlc Agreemsnt Artlclss
Nott ,ltndtandlng itb lnclubion ln thls award package, the following Agreernent Artlcb
doos not apply b this grant award: 1 . Termlnatlon of a Federal Award Thle
provieion ii cinsbtontwi0i any tdrm6 of tho Notice of Fundlq Opportudty that
state Paragraph C.XL (Terminatlon of a FederalAr,vard)of the FY2026 DH$
Standard Terme and Condi$one does mt apply to frls award. Refer to he Notlce of
Funding Opportunityfor flre terme governlng award termlnation'
Afilcld 60
Arllcls 6l Fundlng Hold: Verlllcallon of Statsb Populallon
FEMA has placed a lundlng hold on trls award, and the full amount of the award le
on hold ln the FEMA financial systemr. The reclplent is prohibited frorn obllgating,
experding, ordrawlng do,trn th€ fund6 associated wlth hF a$ard,
To release the funding trold, the SAA muet provlde a oertificatlon of the reclplent
stats'6 populadon as of $optembar AA,2025.1n so dolrry, the $tate will explain he
metrodology it used h determine lts populafon and ceffi that its roported
populadon does not lnclude individuals that have been rsroved from fte $tate
pureuant b the lmmigratlon laws of fre Unlted Stat€s.
FEMA will rescind the funding hdd upon its revie'ar and approml of the Stale's
mefodology and populaton cerdfrcatlon.
DHS-FEMA-EMPG-FY25 Pago 42 ol 50 Klttitas County, E26-241
Arficlo 62
Artlols 6$
Artlolo 04
Hesclsslon ol Agreemsnt Arlicles Fursuant to gtato ol llllnole' et al. u
FEMA,6t dl,
ln accordance with fre U.S. Distrlct Court for the Distict of Rhode Island's Order
ln$hteof lllirnols, etal. v. FEMA, etal., No.25.206 (D. H.l.), dated Octobar 14
2025, and FEMA lnformation Bulledn No.508, the following terms and conditions
are rescinded under thls qward: 1, Paragraph C.lX (Communlcation and
Cooperafon wlttr the Departnent of Horneland Securlty arrd [mmlgradol _Oftiqls)
of tfio DHS Shndard Terms and Conditions.2. Paragraph C)Nll(2XaXiii) (Ant-
Dlscrimlnation GrantAward Certification regardlng lmmlgration) of the DHS
$tandard Terme and ConditionE. 3. The o0ommunicaffon and Cooporafion with the
Departmentof Homeland $ecurlty and lmmigratlon Offclals" Agreement Artlcle' 4.
Paragraph (2x{(iil) of tto Agreement Artcle tided (Anti'Discrlmination"' 5. The
'Complhncb wiltr Federal lmmigration Lnw" Agreement Article. 6. The 'lmpact of
$tsto ot lllinols v. F EMA lnJunction" Agroement Article. 7. Ths 'lmpact of $an
Franclsco v. Trump Prellmlnary lnJurctlon" Agreement Artlcle.
Amended Psrlod of Perlormnnco snd Eudgst Perlod Pursuant to Stqto ol
lllln6l$,6t dl. v, Krl$tl Nosm, 6t cl, (D.R0 and Slato of Mlchlgnn el al' v. Kdstl
Noem et al. (D.oD,
Pursuant to fte Permanent lniunction Order issued by tre U.$. Dletrict Court for the
Dletlct of Rhode lsland in $tate of llllnois, et a!. v. Krisfi Nosm, ot al', No. 1:25"or'
00496, dated Dscembsr 22, 2025 and the Permanent Iniunction Order ise rcd by
fre U.8. 0l6trict Courf for ths Dletrlctof Oregon ln $hte of Mlchlgan, et al. v. Kristl
Noom et al., No 6:26-cv-02053-AP, dated December 20, 2026, he Agreement
Article titled "Perlod of Performance and Budget Perlod" of your award package is
rescinded. The nelv Perlod of Ferfsmance and Budget Pedod tor thls award le
october 1, 2024 to g6pt6mtur 30, 2027.
Ro6cls6lon ol Fundlng Hold; Verllloallon ol $tate's Populatlon pur6uani to
$tf,ls ol llllnols, st al. v, Krlstl Noem, Bt al. (D,nl) 6nd slqts ol illohlgan sl
al. v. Krlsll No6m et al. (D,On).
Pursuantto fre Permanent lnlunctlon Ordsr lesued by tu U.$. Dlstrlct Court for the
Dleflct of Hhode lslard ln $tats of llllnols, et al. v. Krle0 Noem, et al., No. 1:l6"cv'
00495, dated Decembsr 22, 2025 and the Pormanent lnlurrctlon Order leeued by
trs U.$. Dlslrlct Court br tha DIsUl0t of Or€gon ln SEte of Mlchlgan, et al' v' ltlstl
Nosm et al., No 6:25"or-020504F, dated Decomber 20, 2025' he Agreement
Artlcle tltled "Fundlng Hold: Verlftcatlon of State's Populatlon" of your award
packago ls rssclrded.
DHS-FEMA-EMPG-FY25 Pago 43 of 50 Kittitas County, E26-241
Obligating document
No.Amendment
D
Type ol Control No.
132N20
Reclplent
6001 095
Payment Olfice and.ls*ulng FEMA
Addre*e
Hoglon X
30 228th $treet S.W
Washington
-9796
4600
Heclplent Name and
ITITAHY DHPAHTMENT,
Flnanclal
Branch
C $feet, $.W.,
72
20742
INGTON STATE
MUHHY BUILDING 1
MURRAY, WAg843O
27121
0s.Phone
No,
-877-585-
0. Nameof FEMA
nator
Management
Grant Grant
Name of Feclplenl
Wardell
Olflcer
14, Pedormance
Perlod
1010112024to
0sn0i2027
Budgot Perlod
10filEA24to
0913012027
- FEMA
ol As$letance
SHARING
ol a,lundl data lor nwarde or financlal
1. Effectlve Dale of
Aotlon
Program
ilams
Abbrevlallon Llsllng No.Actlon +
umulatlve
$o.oo TotalsEMPG
120-D
07-porx-
$0.00Totals
b. To daccribe changes other than lundlng dalr
schedule and check here:
N/A
or flnanclal changeg atltch
freld ls not Ior
OFFICIAL (Name and Tltle)DATE7NT
Wardell
DATEGrantAdmlnlstralorAgslslant(ActlnglDFputyGudlnas,
nceHesllleDlrec,torate
8. FEMA (Name andTltle)
DHS-FEMA-EMPG-FY25 Page 44 ot 5O Kittitas County, E2A-241
Attachment D
WORK PLAN
FY 2026 Emergency Management 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 match funding,
EMPG by the EMPG Program Manager.
and subsequently approved as allowable under
Emergency Management Organization: Kittitas County Sheriff's Office
The purpose of EMPG is to assist with the enhancement, sustainment and improvement of state, local, and tribal
emergency management programs. Activities conducted using EMPG funding should relate directly to the five mission
areas of the national preparedness goal of prevention, protection, response, recovery, and mitigation. Washington
State does not require a specific number of activities to receive EMPG funding. However, there are required
capabilities that must be sustained in order to remain eligible for EMPG funding, including but not limited to the
ability to communicate and warn, educate the public, plan, train, exercise, and be NIMS compliant. The Work Plan
delineates the Emergency Management Organization's emergency management program planning and priority focus
for this grant cycle (to include EMPG grant and local funds)'
4.8 Communications and Warning
Primary Core Capability Operational Communications
Build or Sustain Building
WORK PTANNED IDENTIFIED GAP/NEED ANTICIPATED PROJECT IMPACT
Build the capability of an
interconnected, interagency system
of radio communications to conduct
exercises and operations for MRC,
CERT, AUXCOM, ANd SAR.
2024 Washington SPR p. 169
"Equipment gaps exist across all
functional areas within this core
capability. 36 percent of the necessary
equipment for this capability does not
exist or is not in place across the state.
Gaps include the lack of or inadequate
specialized vehicles and related
equipment, communication equipment,
com mu nication infrastructu re,
redundant communication methods,
secure communication equipment, and
other equipment relating to the
functional areas within this core
capability."
The project will address the
identified gap of communication
equipment. This project will
accomplish beginning to build
Kittitas County's cache of radios
that can be used within multiple
departments, organizations, or
even regionally for volunteers,
exercises or real-world incidents.
Purchase VHF capability radios.Through multiple exercise AARs, it has
been determined that communication is
one of the biggest problems during
operations. Part of that is the
equipment we provide, so we require
this new equipment to better prepare
for disaster response.
The intended outcome is to have
enough interoperable radios to
support events, exercises, and
real-world incidents.
This project will impact large
events like Kittitas County Fair and
Rodeo, and other events that
require large amounts of
volunteer communication. This
project will also impact the
consistently identified gaP of
communication efficiencY during
exercises due to lack of
equipment; helping our exercises
become focused on objectives
with more equipment.
DHS-FEMA.EMPG.FY25 Page 45 of 50 Kittitas County, E26-24'l
4.10 Trainin
ANTICIPATED PROJECT IMPACTEEDIDENTIFIED G AP
Sustaini
Planni
Maintaini
Primqry corg cqtabit!!y
Build or Sustain
WORK PTANNED
The intended outcome is to give
EOC/IMT members the
opportunity to attend training
opportunities to enhance the
capabilities of our EOC/IMT
response in a real-world incident.
The impact of funding this Project
would give EOC/IMT members
opportunities for EOC/IMT
training that they would otherwise
not have.
2024 Washington SPR P. 8 "Training
gaps exist across all functional areas
within this core capability. 44 percent of
the necessary required training has not
been conducted or is not currentlY
available. Gaps include training deficits
due to position turnover, lack of funds
to support training opportunities, and
the need to expand existing training
opportunities."
Send EOC/IMT members to
appropriate training to enhance
com petence in executing strategies
and operational plans to achieve
team objectives,
Area fi2
Primary Core Capability
Build or Sustain
4.12 Emergency Public lnformation and Education
Community Resilience
Building
ANTICIPATED PROJECT IMPACTIDENTIFIED GAP/NEEDWORK PTANNED
This project addresses the lack of
multi-faceted education and
awareness campaign material and
lack of adequate assessment tools
for the public. The intended
outcome is to provide Public
education materials to the
residents of Kittitas CountY'
2024 Washington SPR p.83 "Equipment
gaps exist across all functional areas
withln this core capability. 36 percent of
the necessary equiPment for this
capability does not exist or is not in
place across the state. Gaps include lack
of culturally and linguisticallY
appropriate materials, lack of
appropriate access and functional needs
materials and communication methods,
lack of multi-faceted education and
awareness campaign material, lack of
adequate assessment tools, and other
equipment relating to the functional
areas within this core capability."
Education of the public in preparedness
is required to create a more resilient
community.
Provide education materials to the
public on resilience, prevention, and
recovery as it pertains to
emergencies in Kittitas CountY.
Priorlty Area #3
4.6 lncident Management
o ional CoordinationPrimary Core Capabllity
BuildBuild or Sustain
Area f4
DHS-FEMA-EMPG-FY25 Page 46 of 50 Kittitas County, E26-241
WORK PTANNED TDENTtFTED GAP/NEED ANTICIPATED PROJECT IMPACT
Purchase a trailer and shelving to
house materials to lnclude
miscellaneous ltems to properly
equip the traller to house response
materlals for an EOC/IMT response.
2024 Washlngton SPR p. 21 "Equipment
gaps exist across all functional areas
wlthin this core capabllity. 51 percent of
the necessary equipment for thls
capabillty does not exlst or ls not in
place across the state. Gaps lnclude the
lack of or lnadequate EmergencY
Operatlons Center (EOC) facllities, lack
of updated and functional EOC
equ ipment/technologies, and other
equipment relatlng to the functional
areas within thls core capability."
Klttitas County does not currently have a
dedicated mobile unit for Emergency
Management equipment for EOC/IMT
response.
Our regionalMOU states counties
should bring equipment and resources
to asilst the affected jurisdlctlon, This
reguires Klttitas County to purchase a
means of transporting all our EOC/IMT
supplies.
Thls proJect wlll accomPlish
asslsting closing gap of the lack of
or inadequate Emergency
Operations Center (EOC) facllltles.
The intended outcome is to
establish a dedicated moblle
EOC/IMT traller that wlll house all
supplles and materlals needed for
response. The impact of the
funding of thls proJect would be
establishing a regional EOC/IMT
response trailer, available to our
reglonal partners as well, to asslst
in the response durlng a dlsaster.
DHS-FEMA.EMPG-FY25 Page 47 of 50 Kittitas Cou nty, E26-241
Attachment E
TIMELINE
FY 2025 Emergency Management Performance Grant
The purpose of this aftachment is to identify applicable and agreed upon due datesfar Grant Agreement
milestones to include deliverables that must be submitted to
Subrecipient shall monitor adherence with the dates below,
the Department. Both the Department and the
DATE TASK
June 1 ,2025 Grant Agreement Start Date
September 30,2026 Grant Agreement End Date - allwork must be complete
November 15,2026 Submit final reimbursement request, final report, training
requirement report, and/or other deliverables'
The $ubrecipient must request p$g1wriften approval from Department Key Personnel to waive
or extend a due date in the above Timeline.
For waived or extended reimbursement due dates, all allowable costs should be submitted on the
next scheduled reimbursement due date contained in the above Timeline.
DHS-FEMA-EMPG-FY25 Page 48 of 50 Klttltas County, E.26 -241
Attachment F
BUDGET
FY 2026
The purpose of this chment is to identify how the funding
Plan. lf funding is identified as
so funding can be reallocated.
not being required, contact the Department Key Personnel
25EMPG
SOLUTION
AREA BUDGETCATEGORY EMPG AMOUNT MATCH AMOUNT
Personnel & Fri Benefits
Dlem
Subtotal
Personnel &Beneflts
Dlem
Con
0ther
Subtotal
Persbnnel &Benefits
Dlem
Performance Grant
is budgeted for the identified activities in the Work
as soon as posstb/e
(t
=zz
so.
Co
othe
800
UJ
UIuc
IIJ
il
Other
(t2
2
aEF
o.
Co tracts
Other
Personnel &Beneflts
Dlem
E
Personnel &Benefits
Diem
Other
Subtotal
Subtotal
subtotal $
Subtotal
20,385
fdtu
od
Co
s
Indlrect Cost Rate on flle 0.0A%for Time Pertod oft N/A
254.00
TOTAI Grant AEreement AMOUNTI s 2s.254 s 2S.500
The Subrecipient will provide a match of g26,264 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 (10To) of the Grant Agreement Amount will
not be reimbursed without pdcl written approval from the Department.
Funding Source: U.S. Department of Homeland Security - Pl# 753PT - EMPG
DHS-FEMA-EMPG-FY25 Page 49 of 50 Kittltas county,E26'241
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 (BABM) requires that no federal financial assistance for "inflastructure"
projects is provided "unless all of the iron, steel, manufactured products, and construction 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. All iron and steel used in the project are produced in the United States. This means all manufacturing
processes, from the initial melting stage through the application of coatings, occurred in the United States.
Z. All manufactured products purchased with FEMA financial assistance must be produced in the United
States. For a manufactured product to be considered produced in the United States, the cost of the
components of the manufaciured product that are mined, produced, or manufactured in the United States
is greater than 55% of the total cost of all components of the manufactured product, unless another
standard for determining the minimum amount of domestic content of the manufactured product has been
established under applicable law or regulation.
g. All construction materials are manufaetured in the United States. This means that all manufacturing
processes for the construction material occurred in the United States.
"The [Gontractor or $ubcontractor],
-,
certifies or affirms the truthfulness and
accuracy of each statement of its certification and disclosure, if any. ln addition, the [Contractor or
Subcontractorl understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for
False Claims and $tatements, apply to this certification and disclosure, if any'"
Signature of [Contractor's or Su bcontractor'sl Authorized Official
Enter Name and Titlq
ffintractor'sorSubcontractor's]Authorizedofficial
Date
DHS-FEMA-EMPG.FYz5 Page 50 of 50 Kittitas County , E26-241
S|GNATURE AUTHORIZATION FORM (SA
WASHI NGTON M ILITARY DEPARTMENT
Camp Murray, Washington 98430-5122
Please read instructions on page 2 before completing this form'
F)
DATE SUBMITTEDNAME OF ORGANIZATION
Kittitas County
E26-241
NUMBER(S)AGGRANT PROGRAM - AcronYms Accepted
25EMPG
1. AUTHORIZING AUTHORITY
TITLE & TERM OF OFFICEPRINT OR
TYPE NAMEE.SIGNATUREPHYSICAL SIGNATURE
Sheriff/December 2026Clay Myers
2. AUTHORIZED TO SIGN AGREEMENTS / AMENDIVIENTS
TITLE & TERM OF OFFICEPRINT OR
TYPE NAMEE.SIGNATUREPHYSICAL SIGNATURE
Sheriff/December 2026Clay Myers
Budg et & Finance DirectorZack DeHaven
3. AUTHORIZED TO SIGN REQUESTS FOR REIMBURSEMENT
rf
TITLE & TERM OF OFFICE
E.SIGNATURE PRINT OR
TYPE NAME
Chief Administrative DePutYNancy Shaff
Chief DeputyDarren Higashiyama
SAF Revised 518/2024
Page _ of
Washington Military Department Contract Number:fl
Debarment, Suspension, lneligibility or Voluntary Exclusion Certificatign Form
lnstructions For cerfification Regarding Debarment, suspension, lneligibility and Voluntary Exclusion-'Lower
Tler Covered Transactions
NAME
County of Kittitas
Dolng business as (DBA)
Kittitas CountY
ADDRESS
205 W Sth Ave Suite 105
Applicable Procur€ment
or Sollcltation #, if any:
WA Uniform Business
ldentifier (UBl)
192-002-673
Federal Employer Tax
ldentification #:
-6001 349
ts aa
READ CAREF ULLY BEFORE SIGN ING THE CERTIFICA TION.Federal rcgulations requrre contractons and bidders to sign and
abide by the tetms of this certiflcation without modificatlon,in order to participate in certain transactions directly
ind federel funds.
1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out
below.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this
transaction was entered into. lf it is later determinid that the prospective lower tier participant knowingly rendered en
erroneous certification, in addition to other remedies available to ihe Federal Government the department or agency
with which this transaition originated may pursue available remedies, including suspension and/or debarment'
3. The prospective lower tier participant srrarr piovioe immediate written notice to the department, institution or office to
which this proposal is submitted if al any t'irne me prospective lower tier participant learns that its certification was
erroneous when submitted or had become erroneous by reason of changed circumstances.
4. The terms covered transaction, debarred, suspended, ineligible, lower lier covered transaction, participant' person,
primary covered transaction, piincipal, propo-"i,
"nO
voluntirily excluded, as used in this clause, have the meaning
set out in the Definitions and Coverage ,"!tion, of rules implementing Executive Order 12549. You may contact the
p;ir* to which this pioposat is submltted for assistance in obtaining a copy of those regulations.
5. The prospective tower tier participant ag-rees by Jubmitting ttris proil-osal that, should the proposed covered
transaction oe entered into, it shalt'not rnJwintty 6nter into aiy towei tirir covered transaction with a person who is
proposed for debarment under the applicabl" ifn, debarred, suspended, declared ineligible, or voluntarily excluded
from participation in this covered trinsaction, unl"". authorized by the department or agency with which this
transaction originated.
6. The prospective tower tier participant further agrees by submiliing this proposal that it will include this clause titled
..certification n"gaidi;g bJuarment, suspEisiJn, inetigibility-and'Voluntary Exclusion-Lower Tier covered
Transaction,,, without modification, in att nildrlier-covereoiransactions and in ail solicitations for lower tier covered
transactions.
T. A participant in a covered transaclion may rely upon a certification of a prospective participant in a lower tier covered
transaction ttrat it is notlroposea for oeoirment under applicable cFR, debarred, suspended, ineligible, or voluntarlly
excluded from covered transactions, unless it knows tnat'tne certification is erroneous. A participant may decide the
method ano rrequency nv wrriCrr it determines the eligibility of its principals. Each participant may, but is not required
to, check the Lisiot pirti6s Excluded from Federal Procurement and Non-procurement Programs'
g. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to
render in good faith the certification requiieo-ny this clause..The knowledge and information of a participant is not
required to exceed that which is normally posseised by a prudent person in th.e ordinary course of business activity'
g. Except for transactions authorizeo uno6rparaliapn-s ot'ttrese instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered iraniaciion with a person who is proposed for debarment under applicable
CFR, suspended, debarred, ineligible, or vJluntarity excluded from participation in.this transaction, in addition to other
remedies available to the Federal Government, tne department or bgency with which this transaction originated may
pursue available remedies, including suspension and/or debarment.
Certification Regarding Debarment, Suspension, lneligibility and Voluntary Excluslon-Lower Tier
Covered Transactions
The pros pective lower tier ParticiPant certifies, by submission of this ProPosal or contract, that neither it nor its
principals is presently debarred, suspended'proposed for debarment, declared ineligible'or voluntarilY excluded
from participation in this transaction bY anY Federal department or agency. Where the prospective lower tier
to certify to any of the statements in this certification,such prosPective participant shallparticipant is unable
attach an exPlanation to this form.
Bidder or Contractor Signature:
Print Name and Title:Zack ,B et and Finance Director
Date L@
Washington Military Department Contract Num ber E26-241
FEDERAL DEBARMENT, SUSPENSION
INELIGIBILITY and VOLUNTARY EXCLUSION
(FREQUENTLY ASKED QUESTIONS)
What is xDebarmant. Suspenslon. Ineliqibilltv. and Voluntarv Exclusion'?
Thesetermsrefertotnhorreceivegrantsfromafederalagency
ln order to be debarred, suspended, ineligible, or voluntarily excluded, you must have:
r had a contract or grant with a federal agency, and
r gor.re through some process where mJreo6ia agency notified or attempted to notify you that you could not contract
with the federal agency.
o Generally, this procesi occurs where you, the contractor, are not qualified or are not adequately performing under a
contract,'or have violated a regulation or law pertaining to the contract'
lVhv am lreoulred to sipn thls certlficalign?
YouarerequestingacffiWashingtonMililaryDepartment..Federallaw(Executive.order1?:+sl
requires washington Military Department ensure that lersons oi corirpanies that contract with washington Military
Department are not prohibited from having federal contracts.
What is Executivg Order {2549?
Executive order 12849 refers to Federal Executive order Number 12549. The executive order was signed by the
president and directed federal agencies to enslie Gt federal agencies, and any state or other agency receiving federal
funds were not contracting oi atarOing grants-io t"irons, orga-nizations, or companies who have been excluded from
participating in federal i"itta.t" or grinii. Feoeral agencies-have codified this requirement in their individual agency
Code of Federal Regulations (CFRs).
The purpose of the certification is for you to tell Washington Military Department in writing that you have not been
pronibite'd by federal agencies from entering into a federal contract.
What does the word "prooosal" mean Whg$ refe.fred to In this ge.rtificalioq? -,-i,^, ^^mdr rniaarian {consider or similar communication from
you to Washington Military Department.
What or who ls a "lowar tier partlcloant"?
Lower tier participants means a person or organization that submits a proposal, ellef.into contracts with, or receives a
grant from washington Military Department, on anv sunc-ntractor of a contract with washington Military Department' lf
iou hire subcontradtors, you s'noutil require inem to sign a certification and keep it with your subcontract'
what ls a covered transactlon whsn referr€d to :n this cefilflcatlon?
CoveredTransactionmeansacontract,orato@t,oranyotherarrangementwhereyouconlract
with or receive ron"y iior w"ittinriton uititary oepirtment.
'
Lovered rrbnsaction does not include mandatory
entitlements and individual benefits-
Sample Debarment, Suspension, lneligibility, Voluntary Exclusion Gontract Provision
Debarment Gertification. The contractor certifies that the contractor is not presently. debarred, suspended,
proposeo for debarment, declared ineligible, or voluntarily excluded from participating in this Contract by any
Federal department oi "i"nCv,
ff requjsted'by washingtin Military Department, the contractor shall complete
a certification negaroini bu6"m"nt, susp"n'sion, lneligibility, ani Voiuntary Exclusion form. Any such form
"orpf"i"O
by the bontrictor for this Contract shall be inCorporated into this Contract by reference'
!.r
WASHINGTON MILITARV DEPARTMENT
CONTACT INFORMATION
nizationent NameSubre orLocal Governmen
Number: WQ23XPBSAU44UnSldentifierUE
Authorized Financial Name and Title nceDe
Address:
Phone Number:Email:7036WAn
Directions: As required by 2 cFR part 200 Subpart F, non-federal entities that expend S1,oo0,oo0 in federal awards
in a fiscal year shall have a single or program-specific audit conducted for that year'
o lf your entity g@ilsubject to these requirements, you must complete section A of this Form'
r lf your entity q subject to these requirements, 52you must complete Section B of this form'
r All subrecipients must complete section c (FFATA) of this form'
Failure to return this completed Form to contracts.office@mil.wa.gov may result in delay of grant agreement
processing, withholding of federal awards or disallowance of costs, and suspension or termination of federal
awards.
SECilON A: Entities NOT subiect to the audit requirements ol2 CFR Part 200 Subport F
all that
or more of total federal awards du recedi fiscalWe did not end the
izationon We are a for-
n We are exempt for other reasons (describe):
of federal funds.r stewardro
f,
es;
latiou snreanditurettoehudments,aws/gaWEstirereqsubteathOWjectbelagreoweveHsignngby
federalofntanrecordsredotamWthataereichwerequeratnwhtnthparticipatem(s)e proggovern
atthandearesthenddesitrgnstatesefedranadsuctorecordagenchdntoaccessbyidenfuaprovding
renontatiensutomdocualnrminfoationtoccessitioand/oradddanbeadedMWDprovrmayrequest
SECflON B: Entities that ARE sublect to ol2 CFR Port 200 Suhqart Fthe oudit requirements
box and com ete the information beleck the
We completed our last 2 CFR Part 200 Subpart F Audit on t}gl3C,lz}z5l for fiscalyear 120241. There
d to federal awards or internal controls.were no findin relate
we completed our last 2 cFR Part 200 subpart F Audit on [enter datel for fiscal year [enter date] and
or internalcontrols.related to federal awards anthere were findin
our completed 2 cFR Part 200 subpart F Audit will be available on lenter date] for fiscal year [enter
date
state audit number
contracts.office@mil.wa.eov or theprovidetoedituetethelectronicallyofeProvidreportacopycompl
Page 1 of 2
Updated 02/02/2023
eck theSECIION C: Federal and Act
ln your preceding fiscal year, did your organization
fu flYes El No
its gross revenues from federalreceive 8}o/o or more of
ln your preceding fiscal year, did your organization
Yes x trto
000 or more in federalfunding?receive S25,000,
top 5 highly compensated officials of your organization.
t.
2.
3.
4.
5.
nd total comPensation of thelf you answered yes to the previous quest ions, you must rePort the names a
I hereby certify that I am an individual authorized by the above identified entity (subrecipient) to complete this
form. Further, I certifiT that the above information is true and correct, and all material findings contained in the
audit report/statement have been disclosed. Additionally, I understand this form is to be submitted every fiscal
year for which this entity is a subrecipient of federal award funds from the Department until the grant agreement
is closed.
gWet +6pn,tce
4 l"l X-Laof Authorized Financial Representative:Date'
Page2of 2