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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 16 349 OBJ/SUB.OBJ15. Program lndex 753PT 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. n 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 hereto.to ndbi theofbeshalltodeemedofmatterthistheoralor 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. h t. J. k. m 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 IV V vl. vil viii 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. f g h. 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 a b c. I I ! I ! !'1 I I I 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. ! I : : i i ! I : j I l i ! ! l i I ! J!i I i i i I DHS.FEMA-EMPG.FY25 Page 36 of 50 Klttitas County, E26-241 tuilde38 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