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Home My WebLink AboutUpdated Signature Pages3. Grant Agreement Number: E26-254 2. Grant Agreement Amount: $2,000Kittitas, CountY of Sheriff's Office 307 West UmPtanum Road Address: Ellensburg,wA 98926-6720 '1 . Subrecipient Name and 6. Grant Agreement End Date: September 30,2026 5. Grant Agreement Start Date: January 1,2026 4. Subrecipient Contact, phone/email: Darren Higashiyama, 509-933-8206 darren.h i gash iyama@co. kittitas.wa'us 9. UBI # (state revenue): '192-002-673 8. Unique Entity ldentifier (UEl): WQ23XPBSAU44 7. Department Contact, phone/email: Debo ra h Henderson, 253-51 2-7 47 0 deborah.henderson@mil.wa'gov 10. Funding AuthoritY: Washington State Military S)rtment (the "DEPARTM of Homeland SecuritY (DHENT") and the U.S. Depaftment 13. Assistance Listings #& Title 97.042 (24EMPG) 12. Federal Award Date: 91912024 11. Federal Award ID # (FAl N): EMS-2024-EP 16. EIN: 91-6001349 '15. Program lndex # & OBJ/SUB-OBJ 743PT NZ 14. Total Federal Amount: 1 9. Women/Minority-Owned, State Certified: Xrun nruo OMWBE # 18. Service Area bY CountY(ies): Kittitas 17. Service Districts: (BY LEGISLATIVE DISTRICT): 13 CONGRESSIONAL DISTRI 8 21. Contract Type (check all that apply )X Grantn Contract 34 X Agreementtrttrr 20. Agreement Classification: i Personal Services I Client Services X Public/Local Gov't I Research/DeVelopment ntuE n For-P thatallSubent applv):(check23recipiType rofitnaluPrivateOrganization/lndivid rofitNon-PnJon/urisdictionPlicubnizaliXOrga EOTH RSPIUBRECINTERCONTRACTOXw/oFM? n Advertised?! YES ! t'to 22. Subrecipient Selection Process: X 'to allwho apply & qualify" n Competitive Bidding n Sote Source n nlr Rcw n run I riteo 24. PURPOSE & DESCRIPTION:- fne purpose of the Fiscal Year (FY) 2024 Emergency Management Performance Grant (24EMPG) program is to provide U'S' oepartment of Hometand Security (oHSyfeAeril emergency Management Agency (FEMA) Federal award funds to states to assist state, local, territorial, and tribal governments in- preparing for all hazards through sustainment and enhancement of of the 24EMPG DHS Award Letter for Grant No. EMS-2024-EP-05000 Attac("Grant"), ls AN funds those programs as described in the Work Plan. The Department is the Recipient and Pass-through Entity hment C and has made a subaward of Federal award funds towhich is incorporated in and attached hereto as accountable to the Department for use of Federal award fundspursuant to this Agreement. The Subrecipientthe SubreciPient mrlnhinod the associatedprovided under this Agreement Agreement hereto. is Agreement, including all referencedacknowledge and accept the terms of thWHEREOF, the Department and SubrecipientIN WITNESS ent as of the date below. Thispart hereof, and have executed this AgreemAttachments which are hereby incorporated in and made a ment B); 24EMPG Award Letternt A); General Terms and Conditions (AttachFace Sheet; Special Terms & Conditions (Attachme chment F); Build America, BuYD); Timeline (Attachment E); Budget (Atta(Attachment C); Work Plan (AttachmentEMS-2024-EP-05000 herein contain all the termsents expressly referenced and incorporatedAmerica Act Self-Certification (Attachment G); and all other docum No other understandings,obligations of the parties to this Agreement.and conditions agreed upon by the parties and govern the rights and exist or to bind anv of the Partiesent shall be deemed tomatter of thisoral or othenruise, regarding the subject precedence in the following order: 1. Applicable Federal and State Statutes and Regulations 2. DHS/FEMA Award and program documents referencerated herein, the inconsistency shall be resolved by givingln the event of an inconsistency in this Agreement, unless otherwise provided 3. Work Pla Timel and of the reement 4. Special Terms and Conditions 5. General Terms and Conditions, and, 6. Other Washington State Mi litary Department BOILERPLATE APPROVED AS TO FORM: Dierk Meierbachtol JulY 12' 2024 Assistant Attorney General ENT:(p DateDate ,8 Seth niel Nickerson, Chief Financial Officer have executed this Agreement on the day and year last specified below Kittitas CountY heriff's Office WHEREAS, thc FOR Signatu FOR THE SUBRECIPIENT: Clay Myers, Sheriff Washington State Military Department EMERGENCY MANAGEMENT PERFORMA NCE GRANT AGRE EMENT FACE SHEET DHS-FEMA-EMPG-FY24 Page 1 of 44 Kittitas County, E25-254 Affachment A ARTICLE I. KEY PERSONNEL The individuals listed below shall be considered key personnel for point.of ggntqct under this Agreement' Any substitution of key personnet by either prrti-rriJr'6? d"0" nv *riiteh notitication to the current key personnel' SPECIAL TERMS AND CONDITIONS DEPARTMENTSUBRECIPIENT ARTICLE II. ADMINISTRATIVE AND/OR FINANCIAL REQUIREMENTS The subrecipient shall comply with all ,ppli."oi" state and federal laws, rules, regulations, requirements and program guidance identified or referenced in this Agreement and the informational documents published by DHS/FEMA applicable to the 24EMpG -progr"r, iicluding, but not limited to, all criteria, restrictions, and requirements of ,,rhe tJ.S. Department of H6tmetand Security (DHS)_Notice of Funding oppoftunw WoFo) Fiscat year 2024 Emergency Management Performance Grant Program" (hereafter "the NoFo"), the preparedness Granfi Maiuat,'Fw-207d-ooot nprit 2o24 (hereafter "thd Manual"), the DHS Award Letter for the Grant, and the federal regulations commonly applicable.io DHS/FEMA grants, all of which are incorporated herein by reference. The OHb Award Letteris incorporated in this Agreement as Attachment C' The subrecipient acknowledges that since this Agreement involves federal award funding, the performance period may begin prior to thJavailabiritv oi "ppropiirt"d federal funds. The subrecipient agrees that it will not hold the Department, the state of w"rniniioni or ttre United states liable for any damages, claim for reimbursement, or any type of payment whltsoever for services performed under this Agreement prior to distribution of appropriateo reoerit tLnos, oi if federal funds are not appropriated or in a particular amount' A. STATEAruO TEOERALREQUIREMENTS FOR DHS/FEMA PREPAREDNESS GRANTS: The following requirements ap-prv to arr DHS/FEMA Preparedness Grants administered by the Department. 1, SUBAWARDS & CONTRACTS BY SUBRECIPIENT a. The Subrecipient must make a case-by-case determination whether each agreement it makes for the disbursement of 24EMpC funds received under this Agreement casts the party receiving tne iunOs in the role of a subrecipient or contractor in accordance with 2 cFR 200.331. b. lf the Subrecipient becomes a pass-through entity by making a subaward to a non-federal entity as its subreciPient: i. The Subrecipient must comply with all federal laws and regulations applicable to pass-tnrougfi ;ntities of 24EMPG funds, including, but not limited to, those contained in 2 CFR 200. ii. The Subrecipient shall require its subrecipient(s) to comply with all applicable state and federal laws, rules, regulations, requirements, and program guidance identified or referenced in this-Agreement and the informational documents published by DHS/FEMA applicaOt6 to tne 24EMPG Program,-inclu9!ng' but not limited to, a1f criteria, restriciions, and requirements of the NOFO, the Manual' DHS-FEMA-EMPG-FY24 Page 2 of 44 Kittitas countv' E25-254 il.wa Deborah HendGrson GoordinatorP deborah.henderso NameDarren HiqashiyamaName TitleTitleChief EmailEmailkittitas.wa.usdarren.hi h 253-512-7470Phone509-933-8206Phone Peter DranceNamerscName 253-512-7322 ram Ma r TitleSheriffTitle EmailEmailkittitas.wa.us Phone5 ShaffName General lnformationName Title trmail na n ev,s h aff @eo.kittitas-wa'us Phone 509-962-7685 2. the DHS Award Letter for the Grant in Attachment C, and the federal regulations commonly applicable to DHS/FEMA grants' iii. The Subrecipient shall be responsible to the Department for ensuring that all 24EMpG federal award funds provided to its subrecipients, and associated matching funds, are used in accordance with applicable federal and state statutes'and regulations, and the terms and conditions of the federal award set forth in Attachment C of this Agreement' iv. The Subrecipient must follow their own policies and procedures to eliminate or reduce the impact of conflicts of interest when making subawards, adhering to any applicable federal or state statutes or regulations. Any real or potential conflicts of interest must be reported to the Department in writing upon discovery. BUDGET, REIMBURSEMENT, AND TIMELINE a. Within the totalGrant 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 otherwise provided in this Agreement' b. The maximum amount of all reimbursement requests permitted to be submitted under this Agreement, including the final reimbursement iequest, 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 describedin2 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 ", " "unr""ipient), the Subrecipient must either elect to charge a de minimis rate of ten p"r."ht W6t") or 1Oo/o oi modified total direct costs or choose to negotiate a n'ri_.nerrat" *ittt the Department. lf the latter is preferred,ihe Sr.r.brecipient must conlact Department Key Personnel to request approval from FEMA per 2CFR 200.102(b).. d. For travel costs, the Subrecipient shall comply with 2 CFR 2OO'475 and should consult their internal policies, state rates set pursuant io RCW 43'03'050 and RCW 43'03'060 as now existing'or amended, and fedeial maximum rates set forth at hftps://www'qsa'qov' and follow the most restrictive. lf travel costs exceed set state or federal limits, travel costs shall not be reimbursed withoui-written approval by Department Key Personnel' All international travel req uires prior FEMA approval' e. Reimbursement requests will include a properly completed State A-19 lnvoice Form and Reimbursement spreaosheet (in the format provided by the Department) detailing the expenditures for which reimbursement is sought' Reimbursement requests must be submitted to RlimOursements@mil'wa'qov no liter than the due dates listed within the Timeline (Attachment E). Reimbursement request totals should be commensurate to the time spent processing by the Subrecipient and the Department' f . Receipts and/or backup documentation for any approved items that are authorized under this Agreement must be maintain"O Oy the Subrecipient consistent with record retention DHS-FEMA-EMPG-FY24 Page 3 of 44 Kittitas CountY, E25-254 g requirements of this Agreement and be made available upon request by the Department and auditors. The Subrecipient must request gIcI written approval from D-epartment Key.Personnel to waive or extend a due date in the Timeline (Aitachment E). Waiving or missing deadlines serves as an indicator for assessing an agency's level of risk of noncompliance with the iegutations, requirements, and tne termJ and conditions of the Agreement and may increase required monitoring activities. For waived or extended reimbursement due dates' all allowable costs should 5e suOmitted on the next scheduled reimbursement due date contained in the timetine. Any request for a waiver or extension of a due date in the Timeline will be treateJ "s a ,"qr"si for Amendment of the Agreement. This request must be submitted to the Oepartmeni Key Personnel sufficientlv in, adval-rce of.the due date to provide adequate tirL tor Department review iid-d co-nsideration and may be granted or denied within the Department's sole discretion' h. All work under this Agreement must end on or before the Grant Agreement End Date, and re in-the time pe riod notated in the Timeline (Attachment E) except as othenruise authorized by either (1) written amendment of this Agreem ent or (2) written n otification from the Department to the .lfrco funds are not req uired, the Subrecipient shall notify the Depa ent nn All costs for equipment and supplies must be incurred, and items received, before the Grant Agreement End Date. j. Failure to submit timely, accurate, and complete reports and reimbursement requests as required by this ngreement (including, but'not limited to, those reports in the Timeline (Attachment e) wirr'piorrinit firb subreJipient from being reimbursed until such reports and reimbursement requests are submitted.and the Department has had reasonable time to conduct its review. k. Final reimbursement requests will not be approved for payment until the Subrecipient is current with all reporting requirements contained in this Agreement. l. A written amendment will be required if the subrecipient expects cumulative.transfers to approved, direct budget categories, as identified in the Budget (Attachmelt F), to exceed ten percent (10%)of t'he Grant Agreement Amount. Any changes to budget category totals not in compliance with this paragraph will not be reimbursed without approval from the Department. m. subrecipients shall only use federal award funds under this Agreement to supplement existing funds and will nbt us" them to replace (supplant) non-federalfunds that have been budgeted for the same purpose. The Subrecibiehi may be required to demonstrate and document that a reduction in non-federal resources occurred for reasons other than the receipt or expected receipt of federal funds' 3. REPORTING a. With each reimbursement request, the Subrecipient shall report how the expe.nditures, for which reimbursemlnt is sought, relate to the Work Plan (Attachment D) activities in the format provided by the Department. b. With the final reimbursement request, the Subrecipient shall submit to the Department Key Personnel a final i"pott (in the format provided by-the Department) describing all completed activities undei this Agreement, status bf training course completion by individual personnel, how the match was met and documented, and progress made with NQS implementation. c. The subrecipient shall comply with the Federal Funding Accountability and Transparency Act (FFATA) and related oMB Guidance consistent with puotic Law 1 09-282 as amended by section 6202(a) of Public Law 110-252 (see 31 9.S-C 6101 note) and complete and return to the Department an Audit Certificaiion/FFATA Form' This form is required to be completed once per calendar year, per subrecipient, and not per agreement' The DHS-FEMA-EMPG-FY24 Page 4 of 44 Kittitas County' E25-254 4. 5. Department's Contracts Office will request the Subrecipient submit an updated form at the beginning of each calendar year in wnicn the Subrecipient has an active agreement. d. To document compliance with the National lncident Management System (NIMS)' the Subrecipient shall complete the annual NIMS survey conducted by Washington Emergency Management Division (EMD)' NIMS COMPLIANCE a. The 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, 5r complexity. NIMS provides a consistent, nationwide approach and vocabulary for multiple agencies-or lurisdictions to work together to build, sustain, and deliver the core capabilities needed to achieve a secure and resilient nation. b. Consistent implementation of NIMS provides a solid foundation across jurisdictions and disciplines to ensure effective and integrated preparedness, planning, and response' NIMS empowers the components of the liationai Preparedness System, a requirement of presidential policy Directive 8, to guide activities within the public and private sector and describes the planning, organizJtional 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 b.c. for associated reporting requirements. The list of objectives used for progress and achievement reporting c.al be found at https://www.fema.qov/emeroencv-managers/nims/implementation:trainin0. d. FEMA requires phased implementation of the National Qualification System (NQS) for EMpG suOrecipients. The NQS lmplementation Objectives reflect the. concepts and principles contained in NQS doctrine and aim to promote consistency in NOq implementation nationwide. Subrecipients will be considered in compliance with NQS requirements as long as they are woiking towards implementing the NQS lmplementation Objectives can be found at https://www.fema.qov/sites/defaulVfiles/documentsfema nims-nqs-imPlementation- d deployable personn.el (determined by the @quiredtomeetNQScertificationrequirements. For 24EMPG NQS Phase 2 of implementation, subrecipients must: i. Design procedures for an organizational qualification system and subsequently document aPProval. ii. Ensure designated EMPG-funded deployable personnel meet the minimum training requiiements for their job title/position qualification' iii. Track qualification, certification and credentialling for EMPG-funded deployable Personnel. iv. Describe the status of implementation as a part of the annual NIMS survey conducted by EMD staff at the end of the calendar year' v. Note within the EMpG final report which EMPG funded personnel are categorized asdeployableandstatusofimplementation,asapplicable. EQUIPMENT AND SUPPLY MANAGEMENT a. The Subrecipient anO any non-federal entity to which the Subrecipient makes a subaward shall complywith 2 cFR 200.317 through zbo.gzl, and allwashington state procurement statutes, when procuring any equipmen-t orsupplies underthis Agreement,2 CFR 200'313 for management of eqlipment, 'and 2 CFR 200.314 for management of supplies, to include, but not limited to: DHS-FEMA-EMPG-FY24 Page 5 of 44 Kittitas County, E25-254 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 non-fed-eral entiiy 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' ii. All equipment, and supplies as applicable, purchased under this Agreement will Oe reborOed and maintained in the Subrecipient's inventory system' iii. lnventory system records shall include: A. DescriPtion of the ProPertY B. Manufacturer's serial number, or other identification number C. Funding source for the property, including the Federal Award ldentification Number (FAIN) (Face Sheet, Box 11) D. ' Assistance Listings Number (Face Sheet, Box13) E. Who holds the title c Cost of the rtv and the oercentaqe of H. Location, use, and condition of the property at the date the information was reported l. Disposition data including the date of disposal and sale price of the property. The Subrecipient shall take a physical inventory of the equipment, and supplies as applicable, and reconcile the results with the property records at least once every'two years. Any differences between quantities determined by the physical inspection' and thoie shown in the records shall be investigated by Jhe 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 subrecipient shall be responsible for any and all operational ?.nd maintenance expenses and for the safe operation of the equipment and supplies including all questions of liability. The Subrecipient shall develop appropriate maintenlnce schedules and proiedures to ensure the equipment, and supplies as applicable, are well maintained and kept in good operating condition. The Subrecipient shall develop a control system to ensure adequate safeg-uards to prevent loss, damage, and theft of the property. Any loss, damage, or theft shall be investigated, anda repofi generated and sent to the Department's Key Personnel. The subrecipient must obtain and maintain all necessary certifications and licenses for the equiPment. lf the Subrecipient is authorized or required to sell the property, proper sales procedures must be established and followed to ensure the highest pos-sible return. For disposition, if upon termination or at the Grant Agreement End Date' when original or replacement supplies or equipment acquired under a federal award ar:e no longer needed foi tne 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 $5,000 in total aggregate value upon termination or completion of the project or. ptoltiti-"n! the supplies are not needed for any other federal Page 6 of 44 Kittitas County, E25-254 V IV vl. VII vilt DHS-FEMA-EMPG-FY24 ix. 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: 1) ltems with a current per-unit fair-market value of $5,000 or less may oe retaineo, sold, transferred, or otherwise disposed of with no further obligation to the federal awarding agency' 2) ltems with a current per-unit fair-market value in excess of $5'000 may be retained or sold. The subrecipient shall compensate the federalawardingagencyinaccordancewiththerequirementsof2 cFR 200.313 (e) (2) c. Notify Department Key Personnelto initiate the disposition process by the federal awarding agencY. Records for equipment shall be retained by the subrecipient for a period of six y"rr" from the d;te;f the disposition, repl-acement, or transfer' lf any litigation' claim, or audit is started before the expiration of the six-year period, th.e rec.ords shall be retained by the Subrecipient until all litigation, claims, or audit findings involving the records have been resolved' b. The SubreciPient shall comPlY with the DePartment's Purchase Review Process, which is incorporated bY reference and made part of this Agreement No reimbursement will be provided unless the aPProPriate approval has been received' c. Allowable equipment categories for the grant prog ram are listed on the Authorized Equipment List (AEL)located on the FEMA website at n It is important that the Subreci pient and anY non-federal entity to which the SubreciPieni makes a subaward reg ard 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 federa l, state, local, and tribaldefin itions of equiPment. The Subrecipient is solely responsible for ensuring and documenting Purc hased items under this Agreement are authorized as allowed items by the AEL at time of Purchase d e f g lf the item is not identified on the AEL as allowable under the grant program' the subrecipient must contact the Department Key Personnelfor assistance in seeking FEMA approval pnol to acquisition. Equipment might require more than one waiver' The Subrecipient must contact the Department Key Personnel for assistance in identifying what waivers are needed and in seeking FEMA approval prior to acquisition' Equipment purchases (those with a current per-unit fair market value in excess of $S,000) must be iOeniitilO and explained to ifre Department. Use, management, and disposition of such equipment is subject to requirements outlined in 2 CFR 200'313' Before making sucfr puicfrases, the bubrecipient should analyze the cost benefits of pur.f'"sing ve"rsus leasing equipment, especially those subject to rapid technical advances. Unless expressly provided otherwise, all equipment mu-st meet all mandatory regulatory state and DHS/FEMA aOopteo standards to be eligible for purchase using federal award funds. lf funding is allocated to support emergency communications activities, the Subrecipient must ensure tnat ari prdjf.t. comlly with SAFECOM Guidance on Emergency Communications Crants, located at https://www'cisa'qov/safecqm/fundinq' including provisions on technical standards that ensure and enhance interoperable communications. PageT oI44 Kittitas County'E25-254 DHS-FEMA-EMPG-FY24 h. Effective August 13,2020, FEMA recipients and subrecipients, as well as their contractors and subcontractors, may not obligate or expend any FEMA award funds to: i. Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or seivices as a substantial or essential componentofanysystem,orascriticaltechnologyofanysystem; 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 manJaied" by section 889 of the John S' McCain National Defense Authorization Act for Fiscat Year 2019 (FY 2019 NDAA), Pub' L' No' 115-232 (2018) and 2 CFR 200.216,200.327,200.471, and Appendix tt to 2cFR200' Recipients and subrecipients may use DHS/FEMA grant funOlng to procure replacement equipment and services impacted Oy tfris prohibitionl provided the costs are otherwise consistent with the requirements of the Manual and the NOFO' Per subsections 889(f)(2)-(3) of the FY 2019 NDAA, and 2 CFR 200'216, covered telecommunications equipment or services means: iv. Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); v. For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes' video surveillance and telecommunications equipment produced by- Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, orDahuaTechnologyCompany(or-anysubsidiaryoraffiliateofsuchentities); vi. Telecommunications or video surveillance services provided by such entities or using such equiPment, or vii. Telecommunications or video surveillance equipment or services produced or 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 b6lieves to be an entity owned or controlled by, or otherurise connected to, the government of a covered foreign country' i. The subrecipient must pass through equipment and supply management re.quirements that meet or exceed the requirements outiined above to any non-federal entity to which theSubrecipientmakesasubawardunderthisAgreement. 6.ENVIRoNMENTALANDHISToRICALPRESERVAT|oNa. The Subrecipient shall ensure full compliance with the DHS/FEMA Environmental planning and Histoiic Preservation (EHPj program. -EHP prograq .i1f9r1nation can be found at nttps:fiil;iema.oov/qrants/quidancJtools/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 inctuding replacement of facilities, must participate in the DHSiFEMA EHP review process prior"to initiation. Modification of existing buildings, including minimally invasive improvements such as attaching monitors to .interior walls, and training or exercises occurring outside in areas not c6nsidered previously disturbed, also require a DHS/FEMA EHP review before project initiation' DHS-FEMA-EMPG-FY24 Page 8 of 44 Kittitas county 'E25-254 c. The EHp review process involves the submission of a detailed project description that includes ihe entire r.op" of work, including any alternatives that may be under consideration, along with supporting documentation so FEMA may determine whether the proposed project has the potentia-l to impaci environmental resources and/or historic properties. d. The Subrecipient agrees that to receive any federal preparedness funding, all EHP compliance requirerients outtineO in applicablb guidance must be met. The EHP review process must be completed and FEMA approvil received by the Subrecipient before any work is started for which reimbursement will be later requested. Expenditures for projects started before completion of the EHP review process and receipt of approval by the Subrecipient will not be reimbursed' 7. PROCUREMENT The Subrec'rpient shall comply with all procurement requirements. of 2.CFR Part 200'317 through - ZO0,ZZI anldl-as-specified-inlthe GeneralTerms and"Gonditions=(Attachment'8, A'lO)' -'- :- a. For all cohtracts eXpected to exceed the simplified acquisition threshold ; per 2 CFK ZUU.1, the Subrecipient must notify the Depa rtment. The DePartment maY req uest pre- for proposals, invitations for bids andcurement documents, such as request reme --- to which the-SubreciPie responsible for requesting and reviewing pre-procurement documents b. c. For all sole source contracts expected to exceed the micro-purchase threshold per 2 cFR 200.1, the Subrecipient must submit justification to the Department.for. rev'tew and "pptouaf. This requirement must be passed on to any non-federal..entity to which the subrecipient makes a subaward, at which point the subrecipient will be responsible for reviewing and approvint sote source justifications to any non-federal entity to which Subrecipient makes anY award' The subrecipient as well as its contractors and subcontractors must comply with the Build America, Buy America Act (BABAA), which was enacted as a part of the lnfrastructure tnvestment and loni-Act Sb ZOSOi-tOZgt, Pub. L. No. 1't7-58 (2021), and Executive Order 14OOb, Ensuring the-iuture is Made in All of America by All of America's Workers' BABAA requires any iifrastructure project receiving federal funding must ensure: i. All iron and steel used in the project are produced in the United states' This means all manufactuiing pto.""se=, ftot 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 manufactur"JproOu"tto be considered produced in the United States, the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States must be greater than 55% of the total cost of all minimum amount of domestic content of minufactured product, unless subject to another standard. iii. All construction materials are manufactured in the United States. This means that all manufacturing processes for construction material occurred in the United States' Additionally, applicable infrastructure projects are subject to domestic preference requiremenis. A Oom"stic preference does not apply to non-infrastructure spending under an award that also includes a covered project. Adohestic preference applies to an entire infrastructure project, even if it is funded by both federal and non-federalfunds under one or more awards. i. Domestic preferences under BABAA only appl,y to articles, materials, and supplies that are.onrur"Jin, in"orporated into, oraffixed to an infrastructure project' As such, it does not apply to tools, equipment, and supplies, such as.temporary scaffolding, brought io tne construct'ton site and removed at or before the completion of the infrastructure project. Nor does a domestic preference apply to Page 9 of 44 Kittitas County' E25-254 DHS-FEMA-EMPG-FY24 il. iii. TheSubrecipient'scontractors and their subcontractors who apply or bid for an award for an infrastructure project subj ect to the domestic preference requirement --in the-BABAA'shall"file a"required'certificati on 1o the.subreeipient with'each bid or equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are usei at or within the finished infrastructure project but are not an integral part of or permanently affixed to the structure' lnfrastructure, for the purposes of BABAA, includes, at a minimum, the structures' facilities, and equipment'for, in the United States, roads, highways and bridges; prOti. transportation; dams,'ports, harbors and other maritime facilities; intercity b"ti"ng"t inO freight railroads; freight and intermodal facilities; airports; water !Vit"rJ, including d"rinking water and-wastewater systems; electrical transmission facilities and system"; ,t'iiiti"t; broadband infrastructure; and buildings and real property. lnfrastructure includes facilities that generate, transport, and distribute energy. rement is waived by FEMA. Contractors and subcontractors must certify that no federal financial assistance funding for infrastructure projects will be provided unless allthe nstruction -materi als- used-in the Project are produced in the United States. BABAA,o ral financial assistance for infrastructure projects that does not ensure compliance with BABAA domestic preference requirement.Such disclosures shall be forwarded to the Department who, in turn, willforurard the , Buy America Act Self-Certification form 8. Subrecipient who willforward them to the disclosures to FEMA. The Build America is included herein as Attachment G. lf the Subrecipient is interested in applying for a waiver, the Subrecipient should contact the Departmenif"y personnelto deieimine the requirements. Allwaiver requests must include a detailed justification for the use of goods, products, o.r materials mined' produced, or manufictured outside the United States and a certification that there was a good faith effort to solicit bids for domestic products supported by terms included in requests for proposals, contracts, and nonproprietary communications with potential suPPliers. SUBRECIPIENT MONITORING a. 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-tniough funds are in co"mptiance 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'c' c. Monitoring activities may include, but are not limited to: i. Review of financial and performance reports ii. Monitoring and documenting the completion of Agreement deliverables iii. Documentation of phone calls, meetings (e.g. agendas, sign-in sheets, meeting minutes), e-mails and correspondence iv. Review of reimbursement requests and supporting documentation to ensure allowability and consistency with Agreement'work plan, budget' and federal requirements Observation and documentation of Agreement related activities, such as exercises, training, events, and equipment demonstrations Page 10 of 44 Kittitas County' E25-254 DHS-FEMA-EMPG-FY24 V d e vi. On-site visits to review equipment records and inventories, to verify source documentation for reimbursement requests and performance reports' and to verify completion of deliverables. The subrecipient is required to meet or exceed the monitoring activities, as outlined ,bou", for any non-fedeial entity to which the Subrecipient makes a subaward as a pass- through entity under this Agreement. compliance will be monitored throughout the performance period to assess risk' concerns will be addressed through a Corrective Action Plan' to the DHS ReciPient Guidance at o LIMIT a. and additional resources on https://www.leP.gov. b. Subrecipients are encouraged to perform and document their analysis of the most appropriate language assisiance services necessary to ensure a LEP individual has meaningful access-to the subrecipient's programs and activities. The analysis should consider i. The number or proportion of LEP individuals eligible to be served or likely encountered bY the Program ii. The frequency with which LEP individuals come in contact with the program iii. The nature and importance of the program, activity, or service provided by the program to PeoPle's lives iv. The resources available to the program and costs B. EMPG PROGRAM SPECIFIC REQUIREMENTS The Department receives EMpG funding from DHS/FEMA, to assist state, local, and tribal governments to enhance and sustain all-hazards emergency rnanagement capabilitie^s as authorized by Robert T' Stafford Disaster Retief and Emerlln"v Airistince Aci, as amended (42 U.S.c' SS 5121 et seq') and Section 662 ofthe Post Katrina Emergency Management Act (6 U.S.C. S 762)' A portion of the grant program is passed through to local jurisdictions and tribes with emergency management progiams io s-upptement their local/tiibal operating budgets to help sustain and enhance emergency management capabiliti"" pur"u"nt to Washington Administrative Code (WAC) 1 1B-09' a. The subrecipient shall use the EMpG funds authorized under this Agreement only to perform tasks as described in the work plan (Attachment D) and the subrecipient's approved application for funding, incorporated into this Agreement DHS-FEMA-EMPG-FY24 Page 11 of 44 Kittitas County' E25-254 b. c. Funding may not be used to replace or supplant non-federal funding of emergency management programs. The Subrecipient shall provide a fifty percent (50%) cash match from non-federal source(s)' The Federal share applied toward tne glUpC budget slrall 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 graht program and qust comply with all state and Federal requirements and regulations, including, but not limited to, 2 CFR Part 200' An ,pprop1ate mechanism must be in plaie to capture, track, and document matching funds' To gather data for the required FEMA deliverables (i.e., Stakeholder Preparedness_Review [SPR]' Threat Hazard ldentification and Risk Assessment ITHIRA]), EMD is piloting a three-year county, Emergency Preparedness Assessment (CEPA; pr-ocess with workshops, occurring in a third of the 39 counties each calendar year 202.4-2026. The Subrecipient mr{st q?fltp?t" in a CEPA workshop located in their county and in any follow-on data calls to receive EMPG funding' Subrecipients shall participate in the State's lntegrated Preparedness Planning Workshop aFPW'Non-participation may result in withholding of funding under future grant years' d e. f. lf funding is allocated to non-FEMA training, the Subrecipient inatefrom the Department KeY Personnel before attending the train approval with the State Training Point of Contact. Pursua nt to DHS/FEMA Grant Programs Directorate lnformation Bulletin No. 432 Courses Funded Through Preparedness the FEMA mission scoPe and be in alignment with the Subrecip ient's EmergencY OPerations Plan This requirement onlY aPPlies to training courses and does not i nclude attendance at conferences. Furthermore, additional federal approvals are required for co urses that relate to Countering Violent Extremism prior to attendance. g. All personnel funded in any part through federal award or matching funds under this Agreement- shall complete and record proof of completion of: i. NIMS training lndependent Study (lS): lS-100, lS-200, l5-700, and lS-800, and ii. Either the FEMA Professional Development Series (PDS) lS-1?0, lS-230, lS-235, lS-240' ls-241 ,ls-242,and ls-244, oi tn" Emergency Management Professionals Program (EMPP) Basic Academy lS-230 , gLnl, EIL 102, E/L103, ElL104 and E/L105' DHS TERMS AND CONDITIONS As a Subrecipient of 24EMpG funding, the Subrecipient shall comply with all applicable DHS terms and conditions of the 24EMPG Award Letter and its incorporated documents for the Grant, which are incorporated and made a part of this Agreement as Attachment c. must request p4!9I written aPP ing. The DePartment will coord roval c. DHS-FEMA-EMPG-FY24 Page 12 of 44 Kittitas CountY, E25-254 A.1 Washington State Military Department GENERAL TERMS AND CONDITIONS Department of Homeland Security (DHS)/ Federai Emergency Management Agency (FEMA) Grants DEFINITIONS . r r,-:^ A^-^^-^a+ {r-.arnrmc.^rir harra rha lefined in 2 CFR 200Ar u.ed tf'r""ghout this Agreement, the terms will have the same meanlng as ( Subpart A (which is lncorpo"rated herein by reference), except as otherwise set forth below: "Agreement" means this Grant Agreement' Attachment B a b. "DePartm ent" means the Washington State Military DePartment,as a state agency, anY division, section, 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 h.-entity-making a=s ubaward to. a..Subr:eciPient''federal awardi ng -agency=' and--is_the -pass-th t'oug unoer tnls c "Monitoring Activities" means all administrative, conducted to ensure compliance with all state and financial, or other review activities that are federal laws, rules, regulations, authorities, d-, lsubreeipient when eapitalized i s,pHma r:ily used throu in reference to the non-federal entity identified on the Face S heet 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 allother purposes. c E HI4.2 A.3 A.4 A.5 The Depa rtment shall make no PaYments under this Agreement. SubreciPient shall the S ubreciPient's Project(s) TH LIT EN in advance or in anticipation of goods or services to be provided not invoice the Department in advance of delivery and invoicing of such goods or services. AMENDMENTSAND MODIFICATIONS , ,, ....-,1:-_ ^- ^*^^arman{ nr mnrrifinarinn of th. The Subrecipient or the Department may request,-.in.writing, an amendment or modification of this Agreement. However, such amenomeni or 'modification s'iiall not be binding, take effect or be incorporated herein until made in writing and signed by the authorized representatives of the Department and the Subrecipient, No other understandingi 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 approval of the Award performance perioJ, followed up with a mutuafty agre-ed written amendment' or (2) written notification from the Department to the subrecipient to provide Jdditionat time for completion of W C N R 35. Except as provided herein, the subrecipient must comply with the ADA, which provides comprehensive civil rights protection to ind'ividuals with disabilities in the areas of employment, public accommodations' state and local government services, and telecommunication. lf the ADA does not apply to the subrecipient necause tnL sunrecipient isa iederal recognized lndian Tribe, then the acceptance by the Tribe of, or acquiescence to, ffrese Generar rerms -and conditions does not change or alter its inappricabirity to the rndian Tribe. Tlre execuiion of grant documents is not intended to change, alter, amend, or impose additional liability or r"rponiibility ipon the Tribe where it does not already exist' ASSURANCES The Department and subrecipient agree that all activity pursuant to this Agreement will be in accordance with allihe applicable currenifederal, state and local laws, rules and regulations' DHS-FEMA-EMPG-FY24 Page 13 of 44 Kittitas CountY, E25-254 A.6 4.7 LR L:t As required bY 44 CFR Part 18, the SubreciP ient herebY certifies that to the best of its knowledge and belief: (1) no federallY appropriated funds have been paid or will be paid bY or on behalf of the Subrecipient to anY Perso n for influencing or attemPting to influence an officer or emPloYee of an agency, a Member of Congress, a n officer or emPloYee of Cong ress, or an emPloYee of a Member of Congress in connection with the awardi ng of any federal contract'the making of anY federa lgrant, the making of federal loan, the entering into of any cooperative agreeme nt, and the exten sion, continuation, any (2) renewal,amendment, or modification of any federal contract,grant,loan, or cooPerative agreement; that if anY funds other than federal appropriated funds have been paid or will be Paid to anY Person for influencing or attemPting to influence an officer o r employee of anY agency'a Member of Congress, an officer or emPloYee of C ongress, or an emPloYee of a Member of Congress in connection with this Agreement,grant, loan, or cooperative agreement,the SubreciPient will comPlete and submit Standard Form-LLL,Disclosure Form to Report LobbYing,"in accordance with its instructio ns; (3) and that, astl applicable, the SubreciP ient will require that the language of this certification be in cluded in the award documents for all subawards at all tiers (including subcontracts,subgrants,and contracts under grants, loans, and cooPerative agreements) and th at all SubreciPients sha llcertify and disclose accordinglY. This certification is a materia I representation of fact upon which reliance was P laced 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 LI ST R P ES A.B M The SubreciPient and all its contractors and subreciPients sha ll comply with, and the Department is not responsible for determi ning comPli ance with, anY and all aPP licable federal,state, and local laws, regulations, executive o rders, OMB Circulars, and/or Policies. Thi s obligati on includes, but is not limited to: nondiscrimination laws and/or po Iicies, Energy PolicY and Conservation Act (P L 94-163, as amended), the Americans with Disabilities Act (ADA), Age Discriminati on Act of 1975, Title V I of the Civil Rights Act of 1964, Civil Rights Act of 1968, the Robert T. Stafford Disaster Relief and Emerge ncy Assistance Act, (PL 93-288, as amended), Ethics in P ublic Service (RCW 42.52)'Covenant Against Co ntingent Fees (48 CFR Section 52.203-5), Public Reco rds Act (RCW 42.56), Preva iling Wages on Pub lic Works (RCW 3e.12),State Environmental PolicY Act (RCW43.21C),Shoreline Manag ement Act of 197 1 (RCW 90.58), State B uilding Code (RCW 19.27), EnergY Related B uilding Standards (RCW 19.27A), Provisions in Buildings for Aged and Handicapped Persons (RCW 70.92), and safetY and health regulations. DHS-FEMA-EMPG-FY24 Page 14 of 44 Kittitas CountY, E25-254 A.9 ln the event of noncompliance or refusalto comply with any applicable law, regulation, executive order, OMB Circutar or poticy by the Subrecipient, its coniractors or subrecipients, the Department may.rescind, cancel, or terminate'thl Agreemeni in whole or in part in its sole discretion. The subrecipient is responsible for all costs or tiinitity arising from its faiture, and that of its contractors and subrecipients, to comply with applicable laws, regutations, executive orders, OMB Circulars or policies' CONFLICT OF INTEREST No officer or empnye-Tthe Department; no member, officer, or employee of the Subrecipient or its designees o1. ,g"ni*; no member of the governing body of the jurisdiction in which the project is undertaken or located; and no other offi6ial of t[e subrecipient who exercises any functions or ;rp";;ibiiities wigr respect to the project during his or her tenure, shall have any personal or pecuniary gain or interest, direct or indirect, in iny contrict, subco.ntract, or the proceeds thereof, for work to be [erformed in connection with the project assisted under this Agreement' The Subrecipient shall incorporate, or cause to incorporate, in all such contracts or subawards, a provision prohibiting such interest pursuant to this pr:ovision. A.10 a. The SubreciPie nt shall use a competitive procurement process in the Procurement a any contracts with contractors or subcontractors that are entered into under nd award of the original . - agreement=wa 200.318, General orocurement standards,through 200.327, Contract provisions As required by APPend ix ll to 2 CFR Part 200, al I contracts entered into by the Subrecipient under this Agreement must incl ude the following provisions, as applicable 1)Contracts for more than the simplified acq uisition threshold currently set at $250,000, which is the inflation adjusted amount determined bY the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (C ouncils) as authorized by 41 U.S.C. 1908' must address administrative, contractual, or lega I remedies in instances where contractors violate or breach contract terms, and provide for su ch sanctions and penalties as appropriate. 2) All contracts in excess of $10,000 must address termination for cause and for convenience by the non-federal entity including the manner by which it will be effected and the basis for settlement. 3) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the'definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunityclause provided under 41 CFR 60-1'4(b), in accordance with Executive brder' 4lz+6,'iEqual Employment opportunity' (39 FR 12319' 12935,3 CFR part, 1964-1965 Comp., p.339), as amended by Executive order 11375' ,,Amending Executive Order 11246 Retating to Equal lrynbVmenl Oppgrtynity," and impi"m"niing regulations at 41 CFR part 6b, "Office of Federal Contract Compliance p iog ra m s, iq u a I e, p by m e nt o p p ortu n ity, D e p a rtm e nt of Lab o r ;' 4) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-federal entities must include a provision for compliance with the Davis-Bacon Act (40 U'S'C' 3141- glia, and 3146-3r+ej as supplemented by Department of Labor regulations (29 CFR Part S,,,Labor Standards'pro,visiois Appticabte to Contracts Covering Federally Financed and Assisfed 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 waie Oetermination made by the Secretary of Labor. ln-addition, contractors must be required to pay wages not lesi than once a week. The non-federal entity must place a copy of ifre current'pr"*iting 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 *"g" 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 ,uppl"*"nted by'Oepartment of Labor regulations (29 .CFR Part 3, "Contractors and Subcontractors on puotic Building or Public Work Financed in Whole or in Part by Loans or Grants from the united states"). ihe nct provides that each contractor or subrecipient must DHS-FEMA-EMPG-FY24 Page 15 of 44 Kittitas County' E25-254 be prohibited from inducing, by any means, any person employed in the construction, iompletion, or repair oi puOi'ic wbrk, io give up any part of the compensation to which he or she is otherwise entifled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. 5)Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employme nt of mechanics or laborers must include a provls ion for compliance with 40 U.S.C. 3702 and 3704, as suPPle mented by DePartment of Labor reg ulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act,each contractor must be required to compute the wages of everY mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is Permiss ible 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 hou rs worked in excess of 40 hours in the work week. The requi rements of 40 U.S.C.3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or hazardous or dangerous: Theseundei' woiki n cohditiohE which are Ons anitary,sora inarilyrequirements do not aPPIY to pu ASES su orm available on the oPen market,or contracts for transportation or transmission of intelligence 6)Ri to lnventions Made Under a Contract or Ag reement. lf the federal award meets the ree the r€eiPienf-o rSUbreci Pient vvish 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 requirem ents of 37 CFR Part 401,"Rights to lnventions Made by NonProfit Organizations and Smatt Busrness Firms Under Government Gran fs, Contracts and Coo pe rative Ag reem e nts," and any implementing regulations issued by the awarding agency 7)Clean Air Act (42 U.S.C. 7401-7671q')and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended-Contracts and subgrants of amounts in exeess of 000 must contain a provision that requires the non-federal award to agree to comply $1 50, issued purs uant to the Clean Air Act (42with all app licable standards, orders or regulations U.S.C. 7401-7671q)and the Federal Water Pollution Control Act as amended (33 U.S.C 1251-1387). Violatio ns must be reported to the federal award ing agency and the Regional Office of the Environmental Protection AgencY (EPA) B) Debarment and Suspension (Executive Orders 12549 and 12689)-4 contract award (see 2 CFR 1 BO.22O) must not be made to parties listed on the government-wide exclusions in the System for Award tr/anagement (SnM;, in_accordance with the OMB guidelines at 2 CFR 180 that imptement Executiu6 OrO"rr 12549 (3 CFR part 1986 C9Tp.,p. 189) and 12689 (3 CFR part 19gg Comp., p.235), "Debarmeni antd Suspension." SnM Exclusions contairis the nrr", of parties Oebarred, suspended, or otherwise excluded by agencies, as well.as parties declared ineligibte ,nJ"isiatutory or regulatory authoriiy other than Executive order 12549' 9) Byrd Anti-Lobbying Amendment (31 U.S.C. 13s2)-Contractors that apply or bid for an award exceeding Sf Ob,ObO must file the required certiiication. 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 empto-yee of Congress, or an employee of a member of Congress in connection with obtaining LnV federaicontiact, grant or any other award covered by 31 U.S.C. 1352. Each tier liust also disclose any toOOying with non-federal funds that takes place in connection *ith obt"ining any federal award. Such disclosures are fonruarded from tier to tier up to the non-federal award' 10) procurement of recovered materials -- As require d by 2 CFR 200.323, a non-federal entity that is a state agency oi"g"nCv of a political subdivision of a state and its contractors must comply with sedtion-6002;f the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requiremenis of Section 6002 include procuring only items designated in guidelines of the Enviionmental Protection Agency (EPA) at 40 CFR part 24T lhatcontain the highest percentage of recovered materials practicable, consistent with maintaining a satistaciJry l"uirf of com[etition, where the purchase price of the item exceeds DHS-FEMA-EMPG-FY24 Page 16 of 44 Kittitas Countv' E25-254 $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 ,."-.ou"ry; and "ttrfifitfttg an affirmative procurement program for [ro.rr"r"nt of recovered materials identified in the EPA guidelines' 11) Notice of federal awarding agency requirements and regulations pertaining to reporting' 12) Federal awarding agency requirements and regulations pertaining to copyrights and rights in data. 3) Access bY the DePartm ent, the SubreciPi ent, the federal awarding agen cy, the ComPtroller General of the United States,or any of the ir duly authorized representatives to any books, documents, PaPers,and records of the contractor which are directlY pertinent to that specific contract for the PurP ose of making audit, examinatio n, excerPts, and transcriPtions 4) Retention of all req uired records for six (6) Years after the Subrecipient has made final payments and all other pending matters are closed which are contained in the 1 1 I A.11 A.12 232 (2018). b. The Department reserves the right to review the subrecipient's procurement plans and documents and require the Subrecipi"ni-to make c-hlnOes to bring its plans and documents into comptiance with the requirementsoii crn part 200.317 througn ioo.zzl. The subrecipient must ensure that its procurement process iequires contractors and subcontractors to provide adequate documentation with sufficient oetait to'support the costs of the project and to allow both the Subrecipient and Department to make a determination on eligibility of project costs' c. All contracting agreements entered into pursuant to this Agreement shall incorporate this Agreement bY reference' DlsclosuRE , _^._-^-^:^^ *r^^ F-\anarfma The use or disclosure by any party of any information conc.erning the- Department for any purpose not direcfly connected with t'he a'dminiitration'oi irr" oepartment's orih" subrecipient's responsibilities with respect to services provided under tnis ngi;ment is pro6bited except by prior written consent of the Department or as required to comply with ine state Public Records Act, other law or court order' DISPUTES L-^^ rir^ ri^nrrra aric, Except as otherwise provided in this Agreement, when a bona fide dispute arises between the parties and it cannot be resolved through Oiscuision and negotiation' either party may request a dispute resolution board to resolve the dispute. Ai"que"t for a di-spute resolution board shall be in writing, state the disputed issues, state the relaiive positions of the parties, and be sent to all parties' The board shall consist of a representative appointed by the Departmenr a representative appointed by the subrecipient' and a third party mutually agreed ,pon ov'oot' brrii"i. ih" dLtermination of ttre dispute resolution board shail be finar and binding on the parties hereto. Each party shail bear th.e cost for its member of the dispute resorution board-and its attorney fees and costs and share equaily the cost of the third board member. M 'Standard5 ahd es ielating-to energy efficiency state energY conservation n n Conservation Act (Pub. L.94-1 63, 89 Stat. 871). Pursuant-to- Executive, Order for oR-an cable, under: a Federal award, provide a -Federal-entitY shoul d;to the greatest extent-Praeti preference for the Pu rchase, acquisition, or use of g oods, products,or materials Produced in the United States, as req uired in 2 CFR Part 200 .322, in every contract, subcontract, purchase order, or sub-awa rd that is chargeable against federal financial assistance awards 17)Per 2 C.F.R. $ 200.216, Pro hibitions regarding certain telecommunications and video surveillance services or equipment are mandated bY section 889 of the John S. McCain Nationat Defense Authorization Act for Fiscal Year 201 g (FY 2019 NDAA), Pub' L- No' 115- DHS-FEMA-EMPG-FY24 Page 17 ot 44 Kittitas CountY, E25-254 A.13 LEGAL RELATIONS It is understood and agreed that this Agreement is solely for the benefit of the parties to the Agreement and gives no right to any other party. No joint ventuie or partnership is formed as a result of this Agreement. To the extent allowed bY law, the Subrecipient, its successors or assig ns, 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 the acts or omissions of the Subrecipient, its sub contractors, su breciPients, 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 authorized agents and employees in any litig ation; including payment of any costs or attorneys'fees for any claims or action commenced thereon ari sing out of or in connection with acts or activities autho-rlzed by lhtq Agrqe:ryr ent. or the SubrectPtent's agents or em p lnsofar as tne tunol ng source, FE M A is-an a g e nwy of the Fed erali overnment;th e f ol lowing shall apply: 44 CFR 206.g Non-liabilitv. The Federal government shall not be liable for any claim based upon the exercise or performance of, or the fairure io exercise or perform a discretionary function or duty on the part of a federal agency or an employee of the Federal government in carrying out the provisions of the Stafford Act. A.14 Ll F signatories to this Agreement represent that theY have the authority to bind their respective NDI The orga nizations to this Agreement. O nly the Department's Authorized Sig nature rePresentative and the Authorized Signature rePresentative of the SubreciPient or Alternate for the SubreciPient, formallY desig nated in writing, shall have the ex press, implied, or apparent authority to alter, amend, modifY, or WAIVE any clause or condition of this Ag reement. Any alteration, amendment,modification, or waiver of any clause or condition of this Agreement is not effective or binding unless m ade in writing and signed by both parties' Authorized Signature representatives,except as Provided for time extensions in Article A.3. Further, only the Authorized signature representative or Alternate for the subrecipient shall have signature authority to sign reimbursement requests, time extension requests, amendment and modification requests, reqrlests for changes to projects or work plans, and other requests, certifications and documents authorized by or required under this Agreement. A.15 A.16 A.17 SS ln the event funding from state, federal,or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement and prior to normal 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 "Termination for Cause" without providing the Subrecipient an oppo rtunity to cure. Alternatively, the parties may renegotiate with new funding limitati NONASSIGNABILITY the terms of this Ag reement under "Amendments an d Modifications" to comPlY ons and conditions, alth ough the Department has no obligation to do so Neither this Agreement, nor any claim a rising under this Agreement, shall be transferred or assigned by a. Nondiscrimination in Employment: applicant for emPloYment because creed, marital status, age, Vietnam the Subrecipient. NONDISCRIMINATION During the performa-nce of this agreement, the Subrecipient shall comply with all federal and state nondiscrimination statutes and regulations. These requirements include, but are not limited to: The subrecipient shall not discriminate against any employee or of race, coloi, sex, sexual orientation, religion, national origin' era or disabled veteran status, or the presence of any sensory, Page 18 of 44 Kittitas County' E25-254 DHS-FEMA-EMPG-FY24 A.18 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 tranhcap. Such action shall include, but not be limited to' the following: Employment, upgrading, d"*oiion, or transfer, recruitment or recruitment selection for training, including apprenticeships and volunteers' NOTICES The subrecipient shall comply with all public notices or notices to individuals required by applicable local, state and federal laws and regulations and shall maintain a record of this compliance' H A.19 c The SubreciPient rePresen ts and warrants that its workPl ace does now or will meet all applicable federal and state safetY and health reg ulations that are in effect during the Subrecipi ent's performance under this A.20 A.21 A.22 bree fudher ag rees to i ndemnify and hold harmless the Departme nt and its emPloYees and agents all amages ure, ng,sed against the DePartment; as a result of the failure of the Subrecipient to so comply IP lTt The Department makes no claim to anY caPital facil ities or real ProPertY imProved or constructed with funds under this Agreem ent, and by this subaward of funds does not and will not acq uire any ownershiP interest or title to such Pro perty of the SubreciPient.The SubreciPie nt 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 a rising from the ownership and operati on of the project. POLITICAL ACTIVITY No portion of the funds provided herein shall be used for any partisan political activity or to further the election or defeat of "nv c"noidate for public office or influence ihe approval or defeat of any ballot issue' N E N The assistance Provided under this Ag reement shall not be used in PaY ment of any bonus or commission for the purpose of obtai ning approval of the aPP lication for such assista nce 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 Dep.artment's judgment, be inferred or implied. The subrecipient agrees not to publish or use Luch advertising and publicity matters without the prior written consent of the bepartment. The subrecipient may copyrigtrt original work it develops in the course of or under this Agreement; however, pursuant to 2 CFR part zbo.gt5, FEMA reserves a royalty- free, nonexclusive, and irrevocabie license to reproduce, publish or otherwise use, and to authorize others to use the work for government purposes' publication resulting from work performed under this Agreement shall include an acknowledgement of FEMA,s financial support, by the nssistance Listings Nutrber (formerly CFDA Number), and a statement that the publication does not constitute an endorsement by FEMA or reflect FEMA's views' A.24 RECAPTURE PROVISION ln the event the subrecipient fails to expend funds under this Agreement in accordance with applicable federal, state, and local laws, r"gur"tibnr, and/or the provisions of .the Agreement,..the Department reserves the right to recapture funls in an amount equivalent to the extent of noncompliance' such right DHS-FEMA-E MPG-FY24 Page 19 of 44 Kittitas County' E25-254 of recapture shall exist for the life of the project following Agreement t-ermination. Repayment by the Subrecipient of funds under this recapture'provision shall occur within 30 days of demand. ln the event the Department is required to instiiute legal proceedings to enforce the recapture provision, the Department shall be entifled to its costs lnd'expenseJ thereof, including attorney fees from the Subrecipient. A.25 RECORDS a. The S ubrecipient agrees to maintain all books,records, documents, receipts, invoices and all other electronic or written records necessary to s ufficiently and properly reflect the Subrecipient's contracts, subawards, grant administration, and payments, including all direct and indirect charges, and expenditures in the performance of thi s Agreement (the "records") b. The SubreciPient's records related to this Agreemen t and the projects funded may be inspected and audited by the Department or its designee, bY the Office of the State Auditor, DHS, FEMA or their designees, by the Comptroller General of the U nited States or its designees, or by other state or=-federal =offi cials-authorized by:.law, .for the pu rpose-s of delermlnfng c-omplian.ce. by the pient with th e{erm s-of-th is Ag reemenla nd-to determ i ne the appr:opriate-level of-fundin g to be paid under the Agreement The records shall be made available by the Subrecipie nt for such inspection and audit, togetherc with'.suita d-all tirnes during the Subr:eciPientls normal working day 4.26 4.27 A.28 d. The SubreciPient shal I retain and allow access to all records related to this Ag a funded project(s) for a Perio d of at least six (6) years following final payme nt 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 M While the Department undertakes to assist the Subrecipient with the projecVstate ment of worUwork Plan (project) by providing federal award funds pursu ant to this Agreement, the Project itself remains the sole responsibility of the Subrecipient. The Department undertakes no responsibilitY to the Subrecipient, or to any third party , other than as is expressly set out in this Agreement The responsibility for the design, development, construction, imp lementation, operation and maintenance of the project, as these Ph rases are applicable to this project,is solely that of the Subrecipient, as is responsibility for anY claim or suit of any nature by any third party related in anY waY to the Project. Prior to the start of any construction activity, the subrecipient shall ensure that all applicable federal' state, and local perm its and clearances are obtained, including,but not limited to, FEMA compliance with the National Environ mental Policy Act, the National Historic Preservation Act, the Endangered SPecies The Subrecipient shall comply with and include the following audit req uirements in anY subawards Non-federal entities, as Subrecipie nts of a federal award, that expend $750,000 or more in one fiscal year of federal funds from all sources, direct and indirect, are requ ired to have a single or a Program- specific audit conducted in accordance with 2 cFR Part 200 subpart F. Non-federal entities that spend less than $750,000 a Year in federal awards are exempt from federa I audit requirements for that Year, except as noted in 2 CFR P art 200 Subpart F. As defined in 2 CFR Part 200, the term "non-federal entitY" 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 "onn"ciion *ith the project. The Subrecipient shall not look to the Department, or to any state or federal agency, or to any of their employees or agents, for any performance, assistance, or any payment 6r inOemnity, inciuding, but not limited to, cost of defense and/or attorneys' fees, in "onn"Ltion with any claim or iawsuit brought by any third party related to any design, development, construction, implementation, operation and/or maintenance of a project' SEVERABILITY lf any court of 1.ghtfuljurisdiction holds any provision or condition under this Agreement or its application to any person oicircumstances invalid, thii invalidity does not affect other provisions, terms or conditions of the Agreement, which can be given effect without the invalid provision. To this end, the terms and conditions of this Agreement are declared severable. DHS-FEMA-EMPG-FY24 Page2} of 44 Kittitas County, E25-254 means a state, local government, lndian tribe, institution of higher education, or nonprofit organization that carries out a federal award as a recipient or subrecipient. Subrecipients that are required to have an audit must ensure the audit is performed in accordance with Generaily Accepted Government Auditing Standards (GAGAS) as found in the Government Auditing standards (the Revised yellow Book) dev6loped by the unite_d states comptroller General and the oMB Compliance Supplement. The Subrecipient has the responsibility of notifying its auditor and requesting an audit in compiiance with 2 cFR part 200 Subpart F, fo include the Washington State Auditor's office, a federal auditor, or a public accountant performing work using GAGAS, _as_ a.ppropriate' Costs of the audit may be. an allowable grant expenditure as authorized by 2 CFR Par|200.425- The Subrecipient shall maintain auditable records and accounts so as to facilitate the audit requirement and shall ensure that any subcontractors also maintain auditable records. The Subrecipient is responsible for any audit exceptioni incurred by its own organization or that of its subcontractors. Responses to any unresolved management findings lnd disallorieo or questioned costs shall be included with the audit report. The Subr6cipient 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 p"Jouet from the Subrecifient all disallowed costs resulting from the audit. After the single audit has been completed, and if it includes any audit findings, the Subrecipient must send a full cJpy of the audit and its corrective Action Plan to the Department at the following address no later than niheig) 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 Contracts. Off ice@m i l.wa. gov 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 thls Agreelient. In the absence of a valid claim of exemption from the audit requirements of 2 cFR part 200 su-bpart F, the subrecipient's failure to comply with said audit requirements may result in one or more of the foilowing actions in the Department's sole discretion: a percentage of federal awards being withheld until the auditls completed in accordance with 2 cFR Part 200 Subpart F; the withholding or disallowing of overhead costs; ih" .rrp"nsion of federal awards until the audit is conducted and submitted; or termination of the federal award. A.29 SUBRECIPIENT NOT EMPLOYEE soragentsperformingunderthisAgreement,arenotemployeeSor agents of the Department in any mannei whatsoever. The Subrecipient will not be presented as nor claim to be an offter or employee of the Department or of the state of washington by reason hereof, nor will the Subrecipient make any claim, demand, or application to or for any right, privilege or benefit applicable to an officer or employee of the Department or of the state of Washington, including, but not limited to, workers' Compensation coverage, unemployment insurance benefits, socialsecurity benefits, retirement membership or credit, or privildge or benefit which would accrue to a civil service employee under Chapter 41.06 RCW; OFM Reg' 4.3.1.1.8- It is understood that if the Subrecipient is another state department, state agency, state.university, state college, state community college, state board, or state commission, that the officers and employees are employed by the state of Washington in their own right' lf the Subrecipient is an individual currently employed by a Washington State agency, the Department shall obtain piop"r approval from the employing agency or institution before entering into this contract' A statement of ino conflict of interest" shall be submitted to the Department. A.3O TAXES, FEES AND LICENSES Unlessotne@Agreement,theSubrecipientshallberesponsiblefor,payandmaintain in current status alltaxes, unemploiment contributions, fees, licenses, assessments, permit charges and DHS-FEMA-E MPG-FY} Page21 of 44 Kittitas County' E25-254 A.31 expenses of any other kind for the subrecipient or its staff required by statute or regulation that are applicable to Agreement performance' TERMINATION FOR CONVENIENCE Notwithstanoing anylEffiiili tiG Agreement, the subrecipient may termin.ate this Agreement by providing written notice of such terminatioil to the Department Key Personnel identified in the Agreement, ip".ifyi'ig the effective date thereof, at least thirty (30) days prior to such date' Except as otherwise 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. Upori notice oi termination for convenience, the Department reserves the right to suspend all or part of the Agreement, withhold further payments, or prohibit the subrecipient from incurring additional ootigations o-f funds. ln the event of termlnation, the subrecipient shall be liable for all damages as authorized by law. The rights and remedies of the Department provided for in this section shall not be exclusive and are in addition to any other rights and remedies provided by law' b - A.33 The Departmehf maY Uh ilatEr-lly terminate or suspend all or part of this Grant Agreement, or may reduce its scope of work and budget, if there is a reduction in funds by the source of those funds, and if such funds are the basis for this Gra nt Agreement. The Department will emai I the SubreciPient ten (10) ln the event the DePartment,in its sole discretion,determines the Subrecipient has failed to fulfill in a timely and proPer manner its obligations under this Agreement,is in an unsound financial condition so as to endanger Performance hereunder, is in violation of anY laws or regulations that render the Subrecipient unable to Perform any aspect of the Agreement, o r has violated anY of the covenants, agreements or stiPulations of th is 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 wnicn tocure. The Department is n6t 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 ttre suurecipient's liabilityfor damages or otherwise affect any other remedies available to the Department. lf the Department allows the Subrecipient an op.portunity 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 (1b) calendar days or as otherwi-se specified by the Department, or if such corrective action is deemed by the Department to be insufficient, the Agreement may be terminated in whole or in Part. The Department reserves the right to suspend all or part of the Agreement, withhold further payments, or prohibit the subrecipient from incurring additional obligations of funds during investigation of the alleged compliance breach, pending coriective action by the Subrecipient, if allowed, or pending a dec'i-sion 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 all administrative costs directly relatel to the replacement Agreement, e'g', cost of administering the competitive solicitation process, mailing, advedising and other associated staff time' The rights and remedies of the o"partm"nt provided tor i-n tnis 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 TERMINATIONPROCEDURES ln addition to the procedures set forth below, if the Department terminates this Agreement, the subrecipient shall follow any proceoures specified in the termination notice' Upon termination of this Agreement and in addition to any oner rights provided in this Agreement, the Department may require the subrecipient to deliver to th-e Departhent any property specifically produced or acquired for the performance of such part of this Agreement as has been terminated. DHS-FEMA-EMPG-FY24 P age 22 of 44 Kittitas county ' E25-254 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 delivered to and accepted uy irre'Department prior to the effective date of Agreement termination, the amount agreed upon by the Subrecipient and the Department for (i) comp,leted.work and services andior equipment or supplies provided for which no r"p"r"t" price is stjted, (ii) partially completed work and services and/or equipment or supplies provided which are accepted by the Department, (iii) other work' services and/or equipment or supplies which are accepted by the Department, and (iv) the protection and preservation of ProPertY Failure to ag ree with such amounts shall be a dispute within the meaning of the ''Disputes" clause of this Agreement lf the termination is for cause, the Departm ent shall determine the extent of the liability of the Department. The DePartment shall have no other oblig ation to the SubreciPient for termination. The Departme nt may withhold from anY amounts due the Subrecipient such sum as the DePartment determines to be necessary to Protect the Department against potential loss or liability 1x.e-qisfile--atldJene4ie€ql-thg.Dep-q4ryq!p rovided in th be exclusive and are in Atter reCeipt of a notiCe of ierminaiion, and except as otherwise directed by the Departmeht in writing, the SubreciPient shall reement sn th dlo the extent sPecified,-i nfhen b. Place no further orders or contracts for materials, services, supplies,equipment and/or facilities in relation to this Ag reement excePt as maY be necessary for completlon oT sucn porTlon oT the work under the Agree ment as is not terminated; c. Assign to the DePa rtment, in the manner, at the times,and to the extent directed bY the Department, all of the rig hts, title, and interest of the Subrecip ient under the orders and contracts so terminated, in which case the Department has the right, at its discretion, to settle or PaY any or all claims arising out of the termination of such orders and contracts; d. Settle all outstanding liabilities and all claims arising out of such termination of orders and contracts, with the aPP roval or ratification of the Department to the extent the DePartment maY require, which approva I or ratification shall be final for all the pu rposes 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 wh ich, if the Agreement had been completed, would have been req uired to be furnished to the Department; f. Complete Perfo rmance of such Pa rt of the work as shall not have been terminated by the Department in co mpliance with all contractu al requirements; and g. Take such action as may be necessary, or as the Department may require, for the Protection and preservatio n of the proPertY 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 MIN IN ln accordance with the leg islative findings and Policies set forth in ChaPter 39.19 RCW, the state of Washingto n encourages ParticiPation in all its contracts bY MWBE firms certified by the Office of MinoritY and Women's Business EnterPrises (OMWBE). To the extent Possible,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 prog ram to apply and comPete for work under this contract. Voluntary numerical MWBE participation goals have been established and are indicated herein: MinoritY Business Enterprises: (MBEs): 10o/o and Woman's B usiness EnterPrises (WBEs): 6%. A.36 VENUE This Agreement shall be construed and enforced in accordance with, and the validity and performance shall be governed by, the laws of the state of Washington. Exceptforas provided herein, venue of any suit between the parties arising out of this Agreemen[ shall be the superior court of rhurston county, Washington, and the Subrecipient, oy eiecution of this Agreement, acknowledges the jurisdiction of the courts of the state of washington. provides, that if the sub-recipient is a federally recognized lndian Tribe' the parties agree that, in the event either party to this Agreement commences any suit relating to or arising from the Agreement, the United siatei District c-ourt for the western District of the state of washington shall hive the sole and exclusive jurisdiction over such proceeding. lf the court lacks federal DHS-FEMA-E MPG-FY24 Page 23 of 44 Kittitas Countv' F.25-254 A.37 subject matter jurisdiction, then the Tribe agrees to waive its sovereign immunity from suit for the limited purpose of permitting the State to enforie the terms of this Agieement in the Superior Court of washington under washington raw, and vlnue for such suit shari be the superior court of rhurston county, washington. This limited waiver of sovereign immunity is solely for the benefit of the state' This limited waiver ot soveieijn immunity shail not be f6r, nor shall it be construed as for, the benefit of any other person or entity, and the Tribe does not waive its immunity with respect to any action brought by' or on behalf of, any other entity or person' WAIVERS No conditions or provisions of this Agreement can be waived unless approved in advance by the Department in writing. The Department's failure to insist upon strict performance of any provision of the Agreement or to exeTcise any iigtrt oaseo ;il a breach.tirereof, or the acceptance of any performance Oiring such breach, shall noi constitute a waiver of any right under this Agreement' DHS.FEMA-EMPG-FY24 Page 24 of 44 Kittitas CountY, E25-254 24EMPG Award Letter EMS-2024-EP-05000 U.S. Department ol Homeland Securiiy Washington, D.C.20472 Attachment C Award Letter Effective date: 09/09/2024 Sierra Wardell MILITARY DEPARTMENT, WASHINGTON STATE BUILDING 1 MILITIA DR STATE FINANCIAL SERVICES CAMP MURRAY, WA 98430 EMS-2024-EP-05000 Dear SierraWardell, Congratulations on behalf of the Department of Homeland Security' your application submitted lor the Fiscal Year FY) 2024 Emergency Management Per{ormance Grants, has been approved in the amount of $6,821,397.00 in Federal funding. This award of {ederal assistance is executed as a Grant As a condition of lhis award, you are required to contribute non-Federal funds equal to or greater than $6,e21 ,397.00 for a total approved budget of $13,642,794.00. Please see the FY24 Emergency Managemenl Performance Grant (EMPG) Program for information on how to meet this cost share requirement. Belore you request and receive any of the Federal tunds awarded to you, you must eslablish acceptance of the award through the FEMA Grants outcomes (FEMA Go) system- By accepting this award, you acknowledge that the terms of tho following documents are incorporated into the terms of your award: . Award Summary - included in this document . Agreement Articles - included in this document . Obligating Document - included in this document . FY Z}}4Emergency Managemenl PerJormance Grants Notice of Funding opportunity . FEMA Preparedness Grants Manual Please make sure you read, understand, and maintain a copy of these documents in your official file 1or this award. Sincerely, 'l.!Ft"-F Patick Marcham Granb Program Division Drector Region 10 ffiFEMA DHS-FEMA-EMPG-FY24 Page 25 of 44 Klttitas CountY, E25-254 Award SummarY Program: Fiscal Year 2024 Emergency Management Perbrmarrce Grant Heciplent MILITARY DEPARTM ENT, WASH I NGTO N STATE UEI-EFT: D2EJRGZ2PLGB-0001 DUNS numben 80888338i30001 Award nurnber: EMS-2024'EP-05000 SummarY descriPtion of award The Fiscal Year (FY) 2024 Emergency Management Performance Grant (EMPG) Frogram is one of the grant programs frat mnstitute DHSFEMA's focus on all-hazards emergency preparedness' These grant programs are part of a comprehensive set of measures authorized by Gongress and implemented by DHSIFEMA b assiststate, local, tribal, and terribrial emergency rnanagement agencies to .imp6ment=fp National=Preparedness System andlhe National Preparednes+Goal oia'ecure'and ':= - Amount awarded table The amount of the award is detailed in the atbched Obligating Document for Award. Approved scope of work After revisn of yo,rr application, FEMA has approved the below scope of work' Justifications are provided for any differences between the sc4e of work in the original application ard tre approved *ope of work under ft'rs award. You must submh scope or budget rerdsion reguests for FEMA's prior approrral, via an amendment request, as appropriate per 2 c.F.R. $ 200308 ard the FY2024 EMPG NOFO. // due to newsysfe/n inclusion of information with no context, pages 5-12 not inctuded - available on request // Agreement Articles Program: Frscal Year 2024 Em6tg€ncy Marragrnent PorformarE€ Grant R6dplont: MILITARY DEPARTMENT, WASHINGTON STATE UEI-EFT: D2El RGZzPLGE'0001 DUHS numbor: 8088833830001 Arratd numbor: EMS-A!24-EP-05000 Table of contents DHS-FEMA-EMPG-FY24 Page26 of 44 Kittitas County, E25-254 ana-- iedicle :1 Article 2 nrfiele AssuranciC, nOminisuCiiiihequilemeni!, doCt principi;s, Rei-resdntiiions, Certifications Genersl AcknowledEements and Assurances Acknowledgement of Federal Funding lrom DHS Aetivitles Conducted Abroad Age Discriminalion Acl of 1975 Americsns wilh Disabllities Acl ot 1990 Best Practices lor Gollection and use ol Personally ldentifiable lnlormation civil Rights Aet ot 1964 - Tlile vl Givlt Hghts Act o11968 Copyright Debarment and SusPension DuplicativB Costs cle Education Amendments of 1972 (Equal opportunity in Education Act) - Title lx E'o.14{174-AdvancingElfective,Accountabl6PolicingandCriminalJustice Practices to Enhance Public Trust and Publlc Safety Eneruy Policy and Consoruation Act False Claims Act and Program Fraud Civil Remedies Federal Debl Status Federal Leadership on Reducing Text Messaging while Drlving Fly America Act ol 1974 Hotel and Motel Fire salety Act of 1990 John s. McCain llational Defense Authorizalion Ad ol Fiscal Year 2019 Llmited English Proficlency (Clvil Rights Act ol 1964, Tiil6 Vl) Lobbylng Prohibitions Naiional Environmental Poliry Act Nondiscrimlnation in Matlers Pertaining to Faith-Bssed organizations Non-Supplanting Requlrcment DHS-FEMA-EMPG-FY24 Page27 of44 Kittitas CountY, E25-254 Notice of Funding Opportunity Requirements Patents and lntellectual Prcperty Rights Procuremenl ol Recovered Materials Rehabllltation Act ol 1973 Reporting ot ttlattel,t3 Felaied to Fecipient htegrity and Perlormance Reporilng $ubawards and Executive Compensaiion Msterlals SAFECOM Universal ldentifier and System ol Award Management usA PATRIOT Act ol 21X,1 Use ol DHS Seal, Logo End F|sgs Whlstleblower Proteetion Acl Envlronmental Planning and Histodc Presen'ation (EHP) Review Appllcabllity of DHS Standard Terms and Gondltlons to Trlbes Acceptance ol Posl Award Changes oisposttion ol Equipment Acquired Ufidar thc Federal Awad Prior Approval lor llodlllca$on ol Approved Budget lndlnrct Cost Rste DHS-FEMA-EMPG-FY24 Page28 ol 44 Kittitas County, E25-254 'lAriicle Assurancos, AdministrEtive Requirements' Cost Principles' Ropresentations, and Certifi eations i. #;p6i; t*tcomplete either tre offce of Management and Budget-(oMB) Shndard Form 4248 Assurances * Non- Construction Programs, or OMB Standard Form 424D Assurane,es - Construction Programs, as applicable' Cerhin aisurances in thsse documenF may not be applicable b your program and the DHS nnancial assistance offce (DHb FAO) may require applicanb to certifu additional assurances' Applicanb are required b fill outthe assuranoes as instructed by the federal awarding agency. S at2 C. agree Article 3 Acknowledgement ol Federal Funding lrom DHS ii""-pe"e ffi"t ackno,'1edge their use offederal award fundirq when issuing stabments, press releases, requese fur proposal, bjd inviiations, and oher ;*il;6i*tUing proj;ebr programs iunded in whole or in partwith federal award funds. DHS-FEMA-EMPG-FY24 Page 29 of 44 Kittitas CountY, E25-254 4Article Aelivities Conducted Abroad neciplene must coordinate with appropriate government auftorities when p"r-d*ing projectac6v1im outside the United States obtainall appropriate licenses, permiF, or aPProvals. Age Discrlmlnalion Act ot 1975 nJclpl"nts must comply with the requirements of tre Age Discrimination Act of i gis, puu. t. trto. s+-tbs (codified is amended at 42 U'S'C' $ 6101 €t soq'), which proniOits Oiscrimination onthe basis of age in any program or activity reeiving Article 5 federal financial assistance. Article 6 Article 7 Artlcle 8 Americanswith Disabililies AEI of 1990 Recipients must comply with fre requirements of Titles l, I with'Disabilities Act, Pub. L. No. 101-336 (1990) (codified l, and lll of the Americans as amended at42 U"S-C- disability in the operation of public entities,public and private transportiation B6st Practices for colloction and use ol Personally ldenlifiablo lnlormation n*.lpi""t who collect personally identifiable information (Pll) as part of carrying outif," r"op* of work under a federal award are required to have a publicly """U"Uf" pii"""V policy that describes standards on the usage and maint9nance of tdplftr{;""1r,5di. oris defines Pll as any information that permits the identity of anindividrnl to be direc'tly or indirectly inferred, including any information that is finf."O ot linkable b that i;dividual. Recipients may also find the DHS Privacy irpi"in"*o"mer{s: privacy Guidance and privacy Template as useful resources respectively. Clvll Hlghts Ac't of 1964 - Title Vl H".ipd;b ;"st compty with he requirements of Title Vl ol the Civ1 Righb Act of i gO,i, FuU. t-. t{o. eA,gbz (codified as amended at 42 U.S.C. S 2000d et seq-}, which provides that no person in the United States will, on fre grouldg { rao9, *ior,J1. n"tional origin, Ue exctuded from participation in, be denied the benefits of, oi be'subjected m disciimination under any program or activity receiving.fuderal nnanciat issistance. DHS implementing regirtations tor fre Act are found at 6 C'F'R' piizl -Recipienb of an award from fre Federal Emergency Management Agency ieeirfnir""i"f"o compty wifr FEMA's implernenting regulatiors at44 C-F.R. Part 7. DHS-FEMA-EMPG.FY24 Page 30 of44 Kittitas County, E25-254 Arricls 9 civil Hights Aet ol 1968 Title Vlll of the Civil RighF Act of 1968, Pub' L' NoRecipienbmust cornplY with 90-284 (codified asamended at42 U.S.C.$3501 et seq.) which Prohibits recipients from discriminating in the sale, rental,financing, and advertising of dwellings,or in fie provision of services in cnnnection'trerewitr, on the basisof race, color, national origin, religion,disabil ity, famil ial stat rs,and se.r, as implernented by *re U.S- DePartment of Housing and Urban Developmentat24 C.F.R. Part 100.The prohibition on disabilitY discrimination includes the requirement trat new multifamily housing with bur or more dwelling un'rb- i.e-, the public and common use areas and indMdual apartment uniF (all units in buildings D.) Adicle Adiclo 11 Arlicle 12 include an acknowledgement that the work was produced under a federal award federal award number and federal awarding agency). As debiled in 2 200.31 5, a federal awarding agercy reserves a royalty-free'nonexclusive,and irrwocable right to reproduce,publish, or otheruvise use the work for federal purposes and to authorize others to do so (including the c.F.R. $ Arllcle 13 Debarment and SusPension ffi;i;; mlst compiy with fre non-procurement debarment and susPension ,;"d[tiil irpremeriti^g Executive orders (E.o.] 12549 and 12689 set forth at 2 C.F.n. part f d0 as imple,mented by DHS at 2 C'F'R' Part 3000' These regulations pr65ii r*ipi""G from enterinj inio covered transactions (such as subawards and conracts) with certain parues frat are debaned, suspended, or olherwise_excluded iror oi in'"rigiUle for participation in federal assistance programs or activities. Drug-Free Workplace Fegulations n!.i-pi""m rust cimpry witf, drug-free workplace requirements in Subpart B.(or ffiffi e iidd i""ip,,im is an in'divlduat) oi z c.r.n. part 3001, which adoptslhe AouLinrdnt- *ide implementation (2 C.F.R. Part 182) of the Drug-Free Workplace Actof 1988 (41 U.S.C' $$ 81 01'8105)' Duplicaltue Costs ffipienb are prohibited from charging anycost b this federal award thatwill be ifif ri"J "" " "i"t or used to meet cosisharing or matching requiremenb of any other federal award in either the cunent or a prior bgdget period' {See 2 C.'F'R' $ iob-+os(fll. H**u*, recipients may shift costs that are allorable under two or more fedeial awards where otlreruis-e permitted by f€deral statubs, regulations' or the federal fnancial assistance award terms and conditions- DHS-FEMA-EMPG-FY24 Page3l of44 Kittitas CountY, E25-254 l4Arlicle Education Anendments ol19?2 (Equal Opportunity in Educstion AGt) - Title lX neclpient'mustcomplywiththerequirements_oJTitlelXoftheEducation nrnenUrens of 1972, Fub- L. No' 9b-318 (codified as amended at 20 U'S'C' $ t eet "i *q-f, wnicn frorue ttrat no person in theUnited States will, on the basis of sex, be exciuded from participation in, be denied fre-benefits of, or be subjected to discrimination under any edu'citlonar program or activity receiving federal financial "t"i"t"n"". DHS implementing regulations are csdified at 6 G'F'R' Parl17 ' n"UpG"Got"nawarO trom de *Uerat Emergency ManagementAgegy (fm) ;;;fid;;ply with FEMA's implementing regulations at 44 C'F'H' Part 19' Artiele15 E.O.1rt074-AdvanclngEffeclive,Accountable Policing and Justice Practieas to Enhance Public Trust and Public SaletY Recipient Siate, Tribal, local, or taribrial law enforcement agencies must comPlY or Encoura-ged to adopt and enbrce --polieies eonsistentwith E Q--1 Anicle 16 Article 17 Artlcle 18 Artlcle'19 Eneruy Policy and Conservatlon Act n".lpl6ng *uit comply with he requirements of {-n Energy Policy 1F,^ , , - ^ConJervation ncf pu'U. t-. t',to. 94'1& (1 975) (codified as amended at 42 U.S-C' $ ozot et seq-), which conhin policies retating tc energy eficiency that are defined in the state e#rgy conmrvation plan issued in compliance with this Act. False Claims Act and Program Fraud Civil Remedies neclpiene muslcornplywitiifre requiremeltsoi-{e False ClaimsAct' 31 U'S'C' bS iiZg+zSg, ;hich irohibit the submission of false or ftaudulent claims for livment to fre Federat Gwernment. (See 31 U.S.c. $g 3801 -381 2, which detqils ihlaOminisfatiue remedies for false claims and stiatements made.) Federal Debt Status ntt rec'rtients are required to be non'delinquent in treir repaym"T 9f 11y !d-::l i"Ui.-ei"rpfrs of relevantdebt inctude delirquent payroll and other taxes, audit Oiotto*"tot, and benefit overpayments. (See OMB Chcular A-129') Federal Leadershlp on Reduclng Text filmsaging while Drlving RecipienF are encouraged to adopt and enforce policies that ban text rnessaging wi ite-Uriving recipient-dwned, recipient-rented, oi privately owned vehicles when on om"i"igodn*ent business or when performing any work for or on behalf of the F"O"rieou.rnment. Recipients are also encouraged to condrrct tlre initiatives of the type described in Section 3(a) of E-0- 1351 3' DHS-FEMA-EMPG-FY24 Page 32 of 44 Kittitas CountY, E25-254 Article 20 Fly America Act of 19?4 hJclpi"ne n.,ust compty with Preference for U.S. Flag Ai1 Qglers {a list of certified "ii "irri"r" ""n be tound at Certificapd Air Carriers Ust I US Department of iransportation, https*lmnr.fansportation"gov/policy/aviation-policy/certificated- "'":c""l"i"iirtjfor international aii fansportation of people and property tothe extent tlnt s{c'h service is available, in accordance with the lnternational Air irinrpoation Fah competitive practices Act ol1g74,4S u.s.c. $ 4o118, and the i;l;q;i#d*;uiierines i*sued by the Comptroller General of the United States in in" ruf"r"n Sr,-rg81 , amendment-b Comptroller GerBral Decision B-138942- .S.C. S 2225a. Article 22 John s. Mccain Recipients,subrecipients, the prohibitions described and treir contractors and subcontractors are subject to in section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 201 9, Pub. L. No. 1 15'232 (201 8) and 2 C'F'R' $S 200.21 6,2OO 327, 200.471, and APPendix llto 2 C.F"R. Part 200. The statub - as itapplies to DHS recipients, subreciPienb,and their contractors and subcontractors - prohibiF obligating or expending federal award funds on cerhin telecomm unications and video sunreillance Products and contracting with certain entities fur national security reasons Article 23 Llmited English Frollcleney (Civll Rlghts Ac! ol 1964 Tltle Vl) Hecipients riust compty wifr iitre Vl of tre Civil Rights Actof 1964 (42 U q.q- $ ZOdfi "t *"q j prohibitlon against discrimination on the basis of national origin, ilhh req;''d; lnat recipienc of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to iil;;;g-r"'"ini setuices. Foi additional assishnce ard information regarding tanguagJ access obligations, please refer h the DHS Recipient Guidance: httfft ",t*,;h-.god;uidan#'published-help- department'supPgrled-. oif*ir"tion"-pro:UOJ-meantngful-access-people'limited and additional resources o n lrttp/Avurw.leP.gov. Lobbying Prohlbitlons fi;i,;ffi must compty with gl U.S.C. S 1352 and 6 C.F.R. Part 9, which provide ff,ai none of the funds provided under a iederal award may be expended by the recipient b pay any person to influerrce, or attempt b influrence an offcer or erptoye" of any ai6trcy, a Member of Congress, an cfficer or ernployge of , Cofui[", ot "ti etipUj6e * a lvlember of Congrms in connection with any federal actdn rUateO o " ti6..fol award or contract, incl"ding any extension, contiruJation, rerrewal, amerdrnent, or modification. Per 6 G.F.R. Part 9, recipients must file a foUU'ind cerfincation form as described in Apperdix A to 6 C.F.R. Part 9 or avaitaUi on Grants.gov as tln Gran6.gov Lobbying Form and file a lobbying Jis"tosut" tott as OescriUeO in Appendix B to 6 C'F'B' Part 9 w availaHe on eiantsgor as the Disclozure of Lobbying Ac'tivities (SF-LLL)' Artlcle 24 DHS-FEMA.EMPG-FY24 Page 33 of 44 Kittitas CountY' E25-254 Article 25 Natonal Environmentsl Policy Act n",lp'"ng mustcomplywith tre requirementsof fre National Environmenial Policy n"iot i s6s, Pub. L. Nd. gr -t so (1 s70) (codified as amended at 42 U'S'C- $ 4{121 "t u"q.l (f.f fpn) and the Council on Enviionmental Qrnlity (GEQ) Hegulalions for f*pL]ii"].tting tre procedural Provisions of NEPA, which require recipients to use "iiii""ti."Uri reans wiihin their zuthoity, and consispnt with other €ssential .oiriO"iiton" of national policy, to creatL and maintain conditions under which i[;;ffi;"u1re can exist in pioductive harmony and tulfilt the social, economic, and'other needs of present and futrre gernrations of Americans' orts Article 27 Article 28 Article 29 Non-Supplanting Requircment H".lpl"ri6 ot f"Oeial awards under programs that prohibit supplanting by law must "ngii" lrat t"Oeral funds supplement bit do not supplant non-federal funds that, in ir," "U*no of suchfederal funds, would otrenvise have been made available for the same purpose. Noiice ol Funding Opportunity Reguirement$ nifin" i*t1*tions,-guldLn*, limitations, scope of work, and other conditions set iortf, i" tir" Notice oiFunding Opportunity {NOFO) for this federal award are incorporateo by reference. At recipients hfsl 9o11plv with anv srch requiremenb *.1t irtr i" the'NloFo. lf a condition of fre NOFo is inconsistent with hese terms ano conditions and any such Frms of the Award, the condition in the NOFO shall u"l^*lJio tt e extenf of the lnconsistency. The remainder of trat condition and all otherconditions setbrth inthe NOFO shall remain in efiect' patents and lntellectual Property Flghts h".lpi""tt *t" subject to the e"yftDott A"t'3i q'q'.C'$,200 etseo' and-applicable reguiations governing inventions and patgnls, incl,udirU the regulations iss!€o. oy i#b;i;;rr";"t of Cimmerce at 37 C.F.R, Part 401 (Righ6 b lnventions Made bv ttonprofit organizations and small Business Firms under Government Awards, C""i*t", ""0 Cooperative Agreemenb) and the shndard patent r'qhts clause set lorth at 37 C.F.R. $ 401.14. It is DHS policY b ensure the equal treatment of hith-based service programs administered or suPPorted bY DHS or iF comPonent agencies, enabling those organizations to participate in pravidirg important social services to olfftlt: in individual programs DHS-FEMA-EMPG-FY24 Page 34 of 44 Kittitas CountY, E25-254 Article 3{l Procurement ol Hecovered Materials Shtes, potiticat suUOivtsions of states, and their confadors must comply with . S*tio"'eOOi of the Solid WasF Disposal Act, Pub. L. No.89-272 (1965) (codified as arnended by the Resource Gonservation and Recovery Act at 12 u"s.c. $ 6962) ""J i C.r.q. $ zOO.seS. rh" requiremenb of Section 6002 include procuring only items desigrdted in guidelines of the Environmental Protection Agency (EPA) at 40 C.f.n- pari Z+7 ttgtinntain fte highest perentage of recovered materials practicable, consistent with maintaining a satisfacbry level cf competition. -- receiviiufedeEl fi naneial-dsista-n-ate. - Artlcle 32 Reporting ol llattens Related to Reciplenl lntegrity and Perlormancs lf fie Utaftalue of any curren3y active grants, cooperative agreernents, and frgr*"rrnt *ntracb from alliederal awarding agencies exceeds $1 0,000,000 for InV p"iioO of time during he period of performance of fre federal award, then he iediiient must compty wittr the requirements set forth in the govemment-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix Xll, the full text of which is irrcorporated by reference. Beporllng Subawards and Executlve Compensalion Foi federa] awards frat equal or exceed 930,000, recipients are requirgd to comply *itn herequirements setiorth in the government-wide arivard term on Reporting subawards and E:<ecutive Gompensation set forth at 2 c.F-R. Part 1 70, Appendix A, the full text of which is irrcorporated by reference' Artlcle 3i! DHS-FEMA-EMPG-FY24 Page 35 of 44 Kittitas County, E25-254 Article 34 Required Use of Amedcan lron, Steel, Manuladured Products' and Construetion llaterials FlecipienF of an award of Federal financial assistance tom a program for infrastrueture are herebY rntified hat none of the funds provided under his altard may be used fora proiectfor infrastructure unless: (1) all iron and steel used in tp project are prodrced in the United States*this means all manuhcturing proc,€sses,from the initial melting stage through fre application of coatings, occurred in tre United States; {2} all manuhctured products used in the Proiect are produced in the United States-this means the manufactured productwas manuiactured in the United $tates; and the cost of the componenb of the Unibd-. manufactured product, unless another siandard for detCrmining the minimum amount of domestic contentof fre manufaetured product has been established under applicable law or regulation;and (3) all construction materials are for the constlction material occurred inthe United Stabs'The Buy prergrl'llGt,onlyappliesto articles; materials; and supplies that.are consumed in; - incorporated into, or affxed to an infrastructure proiect. As such, it does not apply to tools, equipment, and suPPlies,such as temporary scafiolding, brought to the conslruction sib and removed at or before the completion of the infrastructure proiect.Nor does a BuY America Preference apply to equipment and furnishings' such as morrable chairs, desks, and portable computer equipment, frat are used at or within the finished infrastructure projec't but are not an integral Part of the structure or permanently affxed to the infrastructrre proiect. waiversrwhen il*r".y, rb"ipi*nt" r*y apply for, and the agency may grant, a waiver from thse requirements. The agerny should notify the recipient for information on the proffiss toiiequesting a waiGr trom these requirements. (a).When the Federal agency has Oete-rmineO ttat one of the folloning exceptions applies, the awarding oficial may waiye he application of tre domestic content procurement preference in any case in wtrictr ttre igency determines t6at (1) applying the domestic conbnt proqJrement lieerence *o-uld be inconsistent with the public interest; (2) tlp type.s 9f iron, steel, manufactured producb, or construcdon materials are not produced in fre united Set"r il ;,rff"ient and ieasonably available quantities or of a satisfacbry qulity; or (gj itrg inctusion of iron, eteel, manufactured prodrcts, or consfuction materials ilr|Ou""Oin 6e United $tabs will increase the cost of the overall poject by more itran zs percent. A request to waive the application of the domestic content pro"w"rent preference must be in writing. The agency will provide irstructions on ihe format, contents, and supporting matsrials required fur any waiver request' Waiver requese ara subjeci to public comment periods of no less than 15 days and r""t U" reiewe6 by theMadein America Offce. There may be instances where an awad qualifies, in whole or in part, for an existing waiver described at'Buy nmerica" Preference in FEMA Finarrial Assistance Programs for lnfraslrucfure I FEMA.gov. Definitions The defirftions applicaHe b this term are set forh at 2 C.F.R. $ 1&4.3, the full text of which is incorporated by reference' DHS-FEMA-EMPG-FY24 Page 36 of 44 Kittitas County, E25-254 Arlicle 35 SAFECOM n".ipi"ne reeiving hderal fimncial assistance anrards made under programs that provide emergency communication equipment and its related activities must comply with tre SAFECOM Guidance for Emergency Gommunication Grants, including fiooU-* on t"chnical standards that ensure and enhance interoperable Lmmunications. The SAFECOM Guidance is updated annually and can be found at Funding and Sustainment I CISA. t Article 35 Terrodst Fanancing organizations associated wih terrorism.Recipients ue legally responsible for on ensuring comPliarre with the E.O. and laws- : Articlg 38 Artlcle 39 Arlicle 40 Article 41 Universsl ld6ntifier and System ol Award ltanagemgnl RecipienF are required to comply with the requirements set lorh in the g**i;"ni-*ide hnancial assishnce award term regarding the $ystemJor Award iltanagerent and Universal ldentifer RequiremenF located at 2 C.F.R. Part 25, nppendix A, the full text of which is incnrporated reference' USA PATRIOT ACt OI2fl'1 n*.lpi"ne must comply with requirements of-section 817 of tlle uniting and SU"'igitt""i"g nmeriia Uy Providing Approplgle ]ools Required to lnterceptand OGtri.t r"riorism Act oi 2001 (USA elrntOr Rct1, which amerds 18 U-S.C- $$ 175-175c,. Use of DHS $eal, Logo gnd Flagp n".lpe*"e tutt oUt"in-*iEen permission from DHS prior. to using me !!!-sgts' 6;;,;;"*G, or reproductions cf flags, or likenesses of DHS agency oficials. This inludes use of DFiS component (e.g., FEMA, CISA, etc') seals, logos, crests' or reproductions of ffags, or likenesses of component offcials' whlstleblower Proteclion Aet Recipienb must comply wiFr fre statutory requirements for whistleHower protections at 10 U.S.C $ 470141 U'S'C. $ 4712' DHS-FEMA-EMPG-FY24 Page37 of44 Kittitas CountY, E25-254 turiele 42 Environmental Planning and Hlstodc Preservation (EHP) Revlew D HS/FEMA funded activities that may require an Environmental Planning and Historic Preservation {EHP) review are subject to the FEMA EHP reviorv Process. This review does notaddress all federal, stab,and local requirements. Acceptance of federal fundirg requires the recipientto comply wifr all bderal, stateand local laws, DHS/FEMA is required to consider the Potmtial impacts b natrral and cultwal resources of all Proiects funded by DH$IFEMA grant {unds, frrough iF EHP rwiew prccess, as mandated bY:the National Environmental Folicy Act; National Historic Preservation Actof 1966'as arnended; National Flood lnsurance Program regulations; and any other applicable laws and e'tecutive orders. General guidance .:---- for'.FEMArs'EH applicant indMdual guidarrce on submit informationfor EFIP Eviernr dCpends on the grant prograrn and aPPlicants should conhct lheir grant Program Offcer to be put into contact with EHP stafi resPonsible for assisting their sPecific grant carry out tre proposed Proiecl;othenrise, DHS/FEMA may rmt able b project due to'noncompliance with EHP-laws; executive'orders,regulations;and policies. lf ground dislrrbing activities occur during construition, applicant will monitor ground disilrbance,and if any potential archaeological resourc,es are discovered the aPPlicant will immediately cease work in that area and notifY the pass-through entity, if applicable , and DHSiFEMA. Article ttil Article '14 Arllcle il5 Applicabllity of DH$ Standard Terms and Condltions to Trlbes rrre oHs standard Terms and conditions are a restabment of general requhements imposed upon recipienb and floaldo,vn b sub+ecipients as a matter oi iiw, regutation, or execuf,ve oider. lf the requirement does not apply to lndian tribes or frere is a federal law or regulation exempting its application to lndian tribes, then the acceptance by Tribes of, or acquiescence to, DHS Standard Terms anJ ionditions does not change or alter its inapplicability to an lndian tribe. The *r""ution of grant documentsis not intended to change, alter, amend, or impose additional tiability or responsibility upon fre Tribe where it does not already exist. Aeoeptance ot Post Award Ghanges tn tre event FEMA determines that Jn error in the award package has been made, or if an administative change must be made to the award package , recipients will be notified of the change in writing, orne fre notification has been made, any srrhsequ;ni tequese tir funds will indicate recipient acceptanceof the charges h t|re awara. Please call FEMA Grant Management operations at (866) 927-5646 or via e-mail to: ASK-GMD@fema.dhs.gov if you have any questions' Dlsposltion ol Equlpment Acqulred Under the Federal Awad ror purposas or original or replacement equipment acquked under this award by a non-state r€cipisrt or non'state subrecipients, when that equipment is no longer needed for the original project or program or for other activities currently or pi"n"*fy ,"pport?d Uy a iederal a,.'arding agency, you mlst reeuest instuctions irom feilR m make prcper dispcition of the equipment ptrsuant to 2 -G'F'R' secfion 200.g1g. Staie recipients and statg sub-reciSrlents must fdlow he dispodtion requirements inaccordance wiffr strab laws and procedures' DHS-FEMA-EMPG-FY24 Page 38 of 44 Kittitas CountY , E25-254 Article tt6 construct'lon work,FEMA is utilizing its discretion under 2 C.F,R. section 200308(h) (5) to requke the reciPient to obtain Prior written aPProval from FEMA before making any fund or budget transfers b€ti€en thB two types ofwork. You must Finarcial Report (SF-:+25) you submit fullowing anY budget whethertlre budget deviation requires priorrrrritten aPProval- Article 47 lndircct Gost Rate i c.r.n. "*"t"n 20021 1 (b)(15) requires the terrns of the award to include the i"Uiil"t *"t ,"t" for fre fidtrd'award. lf applicable, the indirect cost rate for this award is shted in tre UuOget documents oi bther materials approvsd by FEMA and included in the award file. DHS-FEMA-EMPG-FY24 Page 39 ol 44 Kittitas CountY, E25-254 Obligating document ControlNo.Type ot 6001095 Recipient o. Amendmentl. Agreement No. EMS-2024-EP- Payment Office and O=Str.€et,-S.W. ress Financial Branch .lssuing FEMAOlfice FEMARegionX 130 228th Street, S.W Address ington:-.. Recipient Name and Address ITARY DEPARTMENT, P MUHRY BUILDING 1 INGTON STATE IJR 207424600 0a.Phone 0, Name ot FEMA ProiectName of ReciPient Grant Grant21 '14. Perlormance Period 10/0112023 to 09/30/2026 Budget Period 10/01/2023 to 09/30/2026 3. Assistance rangement SHARING 2. Method of . FEMA 1. Effective Date ol 912024 Action data lor awards or linancial5.on ol Ac{lon a. Name mulative mltmentis Action + rded No. Totals,821,397.00,397 24-FA- 120-D 07-lom<-EMPG 97.042 ,397.00,397.00 and check here: fi nanclal changes, attachTo describe changes other than fundlng dala or field is not for ?. RECIPIEilT SIGNATORY OFFICIAL (Name and Title)DATE 09111 OFFICIAL (ilame and TItle)DATE g9log12024Patrlck Marcham, Grsnts 10 8. FEMA SIGITIATORY Divlsion Dlrector DHS-FEMA-EMPG-FY24 Page 40 ol 44 Kittitas CountY, E25-254 Attachment D WORK PLAN FY 2024 Em Managem ent Performance Grant The purpose of this attachment is to identify the activities planned by the Subrecipient under this Grant Agreement, funded by EMPG and required EMPG by the EMPG Program Manager' match funding, and subsequentlY approved as allowable under Em.e_I€g l9v'!!!gna g9,T€1t p ryq q1 at! 9 1 Kittitas County Sheriff's Office PROJECT #l TITLE PROJECT DESCRIPTION Level 3 Wildfire Evacuation Road Barriers with Signs Th ba nd or shiftinstall them as evacuation zonesfirst res nders can ra id The nazardoushareas.entrized into signsntrevenauthofitveoreratioehuryatiocuonerdarsandctIS,nglpi pevape nda rtable os hatnetmibivlstvereflectforpocenighttitydarealebmfrodastaesdnetdbeoeasrilebaWIrsbeigly . OUT€OME The desired outcome of the project is to increase public awareness a the likelihood of residents or visitors attempting to travel into active nd compliance with evacuation orders, reducing fire zones. By clearly marking closed roads, these barriers w1h signs will also enhance first responder safety, allowing firefighters, law enforcement, and emergency personnel to focus on evacuation operations and fire suppression rather than repeatedly redirecting traffic' DHS-FEMA-EMPG-FY24 Page 41 of 44 Kittitas County, E25-254 Attachment E TIMELINE FY 2024 Eme Ma Performance Grant The purpose of this attachment is to identifY applicable and agreed uPon due dates for Grant Agreement milestones to inctude deliverabtes that must be submitted to the Departmen t. Both the DePartment and the Subrecipient shall monitor adherence with the dates below' TASKDATE Grant Agreement Start DateJanuary 1,2026 Grant Agreement End Date - atlwork must be completeSeptember 30,2026 Submit final reimbursement request, final report, training ESrbe DHS-FEMA-EMPG-FY24 Page 42 of 44 Kittitas County, E25-254 Attachment F BUDGET Manaqem ent Performance GrantFY 2024 Emerqency The purpose of this attachment is to identify how the funding is budgeted Per the identified activities in the Work Plan. lf funding is identified as not being required, contact the Deparlment Key Personnel as soon as possib/e so funding can be reallocated' 24EMPG AWARD s sotuTloN AREA BUDGET CATEGORY Personnel & Frin Benefits Trave Diem Consulta Other Diem Consulta Other Personnel & F Ben efits Per Diem Cons ntracts Personnel &Benefits Diem Consu ntracts Other Personnel & Frin Ben efits Per Diem E consu ntracts Other lndirect EMPG AMOUNT MATCH AMOUNT zs CL Subtotal Su btota I Subtotal Subtotal subtotal $ Subtotal Cost Rate on file 0.00% for Time Period of:lndirect TOTAL GTANT Agreement AMOUNT:s 2,000 s 2,000 The subrecipient will provide a match of $2,000 of non-federal origin, 50% of the total project cost (local budget plus EMPG award). cumulative transfers to budget categories in excess of ten percent (10%) of the Grant Agreement Amount will not be reimbursed without piior writtbn approval from the Department' Funding source: u.s. Department of Homeland security - Pl#743PT - EMPG DHS-FEMA-EMPG-FY24 Page 43 of 44 Kittitas County ' E25-254 Attachment G BUILDAMERICA,BUYAMERICAACTSELF.CERTIFICATION The undersigned certifies, to the best of their knowledge and belief, that: The Build America, Buy America Act (BABAA) requires that no federalfinancial assistance for "infrastructure" projects is provided "unless all of the iron, steel, manufactured products,and cottstruction 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, an-d construction materials used in thi-s contract are in full compliance with the BABAA requirements including: ... =''1;' AlI'ircn-a nd:stseFuse'd''itTthe'projectareproduced=i nthe:U nited:States=T=his-meansall-manufaeturing-- -'-' processes,m n e 2. AII manufactured products purch ased with FEMA financial assistance must be produced in the United Foram duct to be considered uced in the United States, the cost of the u n is greater than 55slo of the total cost of all components oflhe manufactured product, unless another standard for determining the minimum amo unt of domestic co ntent of the manufactured product has been established under applicable law or regulation. 3. All construction materials are manufactured in the United States. This means that all manufacturing processes for the construction material occurred in the United States. "The [Contractor or Subcontractor],certifies or affirms the truthfulness and accuracy of each statement of its certificatio n 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 a nd Statements, apply to this certification and disclosure, if anY." Sig nature of [Contractor's or Subcontractor's I Authorized Official Enter Name and Title ffintractor,SorSubcontractor's]Authorizedofficial Date DHS-FEMA-EMPG-FY24 Page 44 of 44 Kittitas County, E25-254 WASHINGTON MILITARY DEPARTMENT Camp Murray, Washington 98430-51 22 P/ease read instructions on page 2 before completing this form. S IG NATU RE AUTHORIZATION FORM (SAF) DATE SUBMITTED Kittitas CountY NAME OF ORGANIZ.ATION F,26-254 NUMBER(S)REEME- Acronyms Accepted 24EMPG GRANT P 1. AUTHORIZING AUTHORITY TITLE & TERM OF OFFICEPRINT OR TYPE NAMEE.SIGNATUREPHYSICAL SIGNATURE Sheriff/Decemb er 2026Clay Myers 2. AUTHORIZED TO SIGN AGREEMENTS / AMENDMENTS TITLE & TERM OF OFFICE tf PRINT OR TYPE NAMEE-SIGNATUREPHYSICAL SIGNATURE Sheriff/December 2026Clay Myers gv&ar * 6,vrnrca DrQFc:tQ€-6aDe[i"ne't 3. AUTHORIZED TO SIGN REQUESTS FOR REIMBURSEMENT TITLE & TERM OF OFFICEPRINT OR TYPE NAMEE.SIGNATUREHYSICAL SIGNATU Chief Administrative DePutYNancy Shaff Chief DeputyDarren HigashiYama SAF Revised 5/8/2024 Page _ of - Doing business as (DBA) Kittitas CountY NAME County of Kittitas Federal EmPloyer Tax ldentification #: 91-6001349 WA Uniform Business ldentifier (UBl) 192-002-673 Applicable Procurement or Solicitation #, if anY:ADDRESS 205 W Sth Ave Suite 105 a to 1 2. Washington Military Department Contract Number:S Debarment, SusPens ion, tneligibility orVoluntary Exclusion @ ion--Lower Bidder or Contractor Signature: lnstructions For Certification Regarding Debarment, Suspension, lneligibility and Voluntary Exclus Tier Covered Transactions By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. 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 an erroneous certification, in addition to other remedies availaui to ihe rederal Government the department ff agency with which this transaciion oiiginated may pursue available remedies, including suspension and/or debarment' The prospective lower tier participant shail p.uio" immediate written notice to the department' institution or office to which this proposat is iuomitteo if at any t'ir" tn" pioipective lower tier participant learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances' The terms covered transaction, debarred, suipended,'ineligible, lower tier covered transaction, participant, person' primary covered transaction, principal, propoiCt, and voluntirily excluded, as used in this clause, have the meaning set out in the Definitions and coverage sections of rules implehenting Executive order 12549. You may contact the t;;r* to wnicn tnis proposaf is suumitteO for assistance in obtaining a copy of.those regulations' The prospective tower tier participant agrees 6y zuomitting tnii pro'pbsal that,. should the proposed covered transaction be entered into, it shall not kno,,Jngfy ;nt"l,lnto aiy towei tier covered transaction with a person who is proposed for debarmeni rni"iirl" "piticabte irR, o"uaned, suspended, declared ineligible' or voluntarily excluded from participation in inlJ covereo trinsaction,.unr"ri iuthorize'd by the department or agency with which this transaction originated. The prospective tower tier participant further agrees by submitting this proposal that it will include this clause titled ..certification Regarding Debarment, susp-eision, ineligibility*and'Voiuntary Exclusion-Lower Tier covered Transaction,,, without modification, in all lower tier covered-transactions and in ail solicitations for lower tier covered transactions. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarmdnilna"r applicable cFR, debirred, suspended, ineligible, or voluntarily excluded from covered transactions, unless ii rnows tndt'the certification is erroneous. A participant may decide the method and frequency by which it determines tne etigloitity of its principals. Each partitpant may, but is not required io, cnecf< the Lisi of pirti6s Excluded from Federal Procurement and Non-procurement Programs' Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certif[atiin requireo-oy tiiis ctause. rhe knowledge and.information of a participant is not required to exceed that which is normally posieiseo by a_prudent person in the ordinary course of business activity' Except for transactions authorized und6rpurJgr"ph ri &inile insiructions, if a partiiipant 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 votuniarity excluded from participation in.this transaction, in addition to other remedies availabte to the Federal Government, in6 oepartment or'ageniy with which this transaction originated may 3. 4. 5. o. 7 8 I pursue available remedies, including suspension and/or debarment. certification Regarding Debarment, suspension, lneligibility and Voluntary Exclusion"Lower Tier Govered Transactions The prospective lower tier particiPa nt certlfies, bY submlssion of this proposal or contract,that neither it nor lts princlpals is presentlY debarred, susPended , proposed for debarment'declared ineligible, o r voluntarily excluded from particiPation in this transaction bY anY Federal depa rtment or agency.Where the ProsPective lower tler partici pant is unable to certifY to any of the statements in this certification,such prosPective ParticlPant shall attach an explanation to this form. CAREFULLY BEFORE SIGNING THE CERTIFICATION.Fede ral r"g ulations require contractors a nd bldders to sig n READ ln order to rticipate in ce rtai transactions dlrectly or abide by the terms of th is certificatio ll'without modification,pa federal funds Print Name and Title:Zack udg et and Finance Director Date:TT LY Washington Military Department Contract Num ber: E26-254 FEDERAL DEBARMENT, SUSPENSION INELIGIBILITY and VOLUNTARY EXCLUSION (FREQUENTLY ASKED QUESTIONS) What is ( Debarment. Susnerrsion. lnel loibllitv. anCl Volu ntarv Exclusion " ? Thesetermsrefertothestatusofapersonor@horreceivegrantsfromafederalagency' ln order to be debaled, suspended, ineligible, or voluntarily excluded, you must have: i . had a contract or grant with a federal agency, and r gone through some process where tne reoeiat agency notified or attempted to notify you that you could not contract with the federal agency.r Generally, this process 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' Whv am I required to slqn this cgrtifipatipq? . -.you are requesting a contract or grant with ifr'e washington Military Department.. Federal law (Executive order 12549) requires washington Military Department_ensure that persons oi corirpanies that contract with washington Military Department are n-ot prohibited from having federal contracts' What ls Executive Order 12549? ^- a^c,^ TL^ ^-^^,Executive order 1254g refers to Federal Executive order Number 12549. The executive order was signed by the president and directed federal agencies to ensure that federal agencies, and any state or other agency receiving federal funds were not contracting or awarding gr"ni. io perroni, orga-nizations, or companies who have been excluded from participating in federat coitracts or granG. iadi ageniies-nave codified this iequirement in their individual agency Code of Federal Regulations (CFRs)' What is the puroose of thls certfilc3tion? The purpose of the cEffiii6frffi vou to teil washington Mititary Department in writing that you have not been pronibiteO by federal agencies from entering into a federal contract. wha.t does the word ,,proposal" mgln wirgn refere{to in this 9eltif,1c{ion?Proposalmeansasotffidconsiderorsimilarcommunicationfrom you to Washington Military Department. What or who is a "lower tler oarticinanf'? Lower tier participants means a person or organization.thatsubmits a proposal, ellef.into contracts with' or receives a grant from washington Military Department, 5n "ny subcontractor oir contracf with washington Military Department' lf you hire subcontractorr, Vo, .horld require them toiign a certification and keep it with your subcontract' what is a covered transaction wh,en referqed to ill thls cedifica$ion? CoveredTransactionmeansacontract,o,a@t,oranyotherarrangementyh9re.youeontract with or recelve money from washington Mititary oepi*ment. '[oveied rrbnsaction dobs not include mandatory entitlements and individual benefits. Sample Debarment, Suspension, lneligibility, Voluntary Exctusion Contract Provision Debarment Gertification. The contractor certifies that the contractor is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this contract by any Federal department or agency. rt requesleo'uy wasnington.Military Department, the contractor shall complete a Certification Regardind-oe6arr"ni, srJp"n'rion, lnefgibility, and lolultap Exclusion form. Any such form "ornpl"t"o by the bontrictor for this contract shall be inCorpoiated into this Contract by reference'