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HomeMy WebLinkAboutAgreements/Contracts - Emergency ManagementGRANT COUNTY COMMISSIONERS AGENDA MEETING REQUEST FORM (Must be submitted to the Clerk of the Board by 12:00pm on Thursday) REQUESTING DEPARTMENT:Emergency Management REQUEST SUBMITTED BY: MlreYa Garcia CONTACT PERSON ATTENDING ROUNDTABLE: Matt Klein CONFIDENTIAL INFORMATION: DYES ® NO DATE: 11/30/2023 PHONE:509-906-6831 ----------------- --------------- �/Re�app�'l ®Agreement / Contract ❑AP Vouchers - ---- IN ❑Appointment -- ❑ARPA Related ❑ Bids / RFPs / Quotes Award ❑ Bid Opening Scheduled ❑ Boards / Committees ❑ Budget ❑Computer Related El County Code ❑Emergency Purchase ❑Employee Rel. ❑ Facilities Related ❑ Financial ❑ Funds ❑ Hearing ❑ Invoices / Purchase Orders ❑ Grants - Fed/State/County ❑ Leases ❑ MOA / MOU ❑ Minutes ❑ Ordinances ❑ Out of State Travel ❑ Petty Cash ❑ Policies ❑ Proclamations ❑ Request for Purchase ❑ Resolution ❑ Recommendation ❑ Professional Sery/Consultant ❑ Support Letter ❑ Surplus Req. ❑Tax Levies ❑Thank You's ❑Tax Title Property ❑WSLCB Washington Military Department Homeland Security Grant Program E24-122 in the amount $121,065. The term of this grant is 09/01/2023 to 01/31/2026. This grant funds activities to prevent, protect against, and respond to terrorist attacks. DATE OF ACTION:_ P -Q-03 APPROVE: DENIED ABSTAIN D1: C4 D2: D3: DEFERRED OR CONTINUED TO: - 1-a K23-278 Washington Military Department HOMELAND SECURITY GRANT PROGRAM AGREEMENT FACE SHEET I Subrecipient Name and Address: Grant, County of 2. Grant Agreement Amount: 3, Grant Agreement Number: Sheriffs office, Emergency Management $1211065 E24-122 35 C Street NW PO Box 37 Ephrata, WA 98823-1685 6. Grant Agreement End Date:. 4. Subrecipient Contact, phone/email: 5. Grant Agreement Start Date; Josh Sainsbury, 609-750-7306 September 1, 2023 January 31 2026 jsainsbury@grantcountywa.gov . quyner()– 7–Depar-tmen-Contacts phone/email,— ----8UE nup) Deborah Henderson, 253-512-7470 D L% ZL6WM26K8KR5 132-001-884 . y ulahxlu"dur ynamil.W .9ov 10. Funding Authority: Washington Military Department (the Department) and the U S. Department of Homeland Security (DHS) 11, Federal Funding Identification 12. Federal Award Date, Ass'sta,nce Listings & Title. #: 13. EMW-2023-SS-00063 911112023 97.067,,23HS.GP (SHSP) 14., Total Federal Award Amount: 15. Program 'lndex # & OBJ/SUB-OBJ: 16. EIN $140010$447 733SBI 733SC, 733SH, 733SL, 733SQ1 733SZ I NZ 91-6001319 17, Service Districts: 18. Service Area by County(ies): 197 Women/Minority-Owned, State BY LEGISLATIVE DISTRICTS; 12,13 'Grant Certified, Z N/A 1-71 NO BY CONGRESSIONAL DISTRICTS: 4 0 YES, 0MWBE# 20. Agreement. Classification 21. Contract Type*(chec k all that,apply)-, El Personal Services El Client Services 0 Pub.lic/Local Gov't El ContractGrant 2 :1 Agreement Ll Research/ Development Cl A/E 0 -Other F1 Intergovernmental (RCW 30.34) E Interagency 22, Subrecipient Selection Process: 21 Subrecipient Type (check all that apply) N "To .all.'who apply &qualify" 0 competitive Bidding 0 Private Org F-1 Sole Source F-1 A/E RCW N/A anization/Individual 11 For N Public Oro nizatio /Jurisdi ti. a I * ' n . c on 0 Non' -Profit 1:1 Filed w/OFM? 13 Advertised? n YES El NO 0 CONTRACTOR ED -SUBRECIPIENT 0 OTHER 24. PURPOSE & DESCRIPTION: The objective of the Federal Fiscal Year (IFFY) 2023 Homeland Security Grant Program(23HSGP) is to fund state, local, tribal, and territorial efforts to prevent, protect against, and respond to terrorist attacks and prepare the nation for threats and hazards that pose the .greatest risk to the security of the United States. 23HSGP provides funding to implement investments that build, sustain, and deliver the core capabilities essential to achieving the National Preparedness Goal of a prepared and resilient nation. 23HSGP supports core capabilities across.t he five mission areas of prevention, protection, mitigation, response, and recovery based on allowable costs. HSGP is comprised of three interconnected grant programs:'S'tate Homeland Security Program (SHSP), Urban Areas Security Initiative (UASI), and Operation Stonegardeh (OPSG). Together, these grant programs fund a range I of preparedness activities, including planning, organization, equipment purchase training, exercises, and management and administration. , The Department is the recipient and P h ass-throug .. Entity of the 23HSGP DHS Award Letter for Grant No. EMW-2023-SS-00063("Grant"), which is incorporated in and attached hereto as Attachmedt.C: and has made a subaward of funds to the Subreciplent pursuant to this Agreement. The Subreciplent is accountable to the Department for use of Federal award funds provided under this Ag_reement. IN WITNESS WHEREOF, the Department and %Subre,cipient acknowledge and accept the terms of this Agreement,, including all referenced attachments which. are hereby incorporated, and have executed -this Agreement as of the date below. This Agreement F 9 re ace Sheet; Special Terms .& Conditions p (Attachment A); General 'Term , s and Conditions (Attachment B);. DHS Award Letter (AttachmentC), Work Plan (Attachments D-1 I D-21 D-3), Budget (Attachment E), Timeline (Attachment., F); Build America, Bu America Act Self -Certification (Attachment G) and all other documents and attachments expressly referenced and incorporated herein contain all the terms and conditions agreed upon �by the parties and govern the rightsand obligations 'of the parties to this Agreement. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of parties, In the event of an inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: 1. Applicable federal and.state statutes and regulations 4. Special Terms and Conditions 2. DHSIFEMA Award and program documents 5. General Terms and Conditions, and, 3. Work Plan, Timeline, and Budget 6. Other provisions of the Agreement incorporated by reference. WHEREAS, the parties have executed this Agreement on the day and year last specified below. F Fo HE DEPARTMENT, FOR T 11/16/2023 B P NT: 04H Si Si ure Dat6 Sig e Date Regan Anne esse, Chief Financial Officer Jo riete, Sheriff Washington Military Department Grant County Sheriffs Office BOILERPLATE APPROVED* TO FORM: APPROVED AS TO FORM (if applicable): Alex Straub 8/31/2023 Assistant Attorney General Si nature Date DHS-FEMA-HSGP-SHSP-FY23 Page 1 of 53 Grant County Sheriffs Office, E24-122 Attachment A SPECIAL TERMS AND CONDITIONS ARTICLE 1. KEY PERSONNEL The individuals listed below shall be considered key personnel for point of contact under this Agreement. Any substitution of key personnel by either party shall be made by written notification to the: current key personnel. Name SUBRECIPIENT Josh Sainsbury Title--- -Gh ief-DepUty______.__.___ Email jsa ins b,.0 ryCcD_a rantco u ntywa.gov Phone Name 609-750-7306 0-7-306 Mire Garcia Title EM Specia_11st Email mxgarcia@grantcountywa.gov Phone Name 509-906-6831 Title Phone 253-512-7472 Email Phone DEPARTMENT Name --Deborah Henderson -T-itle-----Prog,-ram-C-oord-i-n-ator-------- ...... Email Deborah.henderson@mil.wa.gov .Phone 253-612-7470 Name Gail Cram Title Program Manager Email ail.cram@mil.wa.gov Phone 253-512-7472 Name Grant Miller Title Program Assistant Email grant.miller@mil.wa.gov Phone 253-512-7061 ARTICLE 11. ADMINISTRATIVE ANDIOR ' FINANCIAL REQUIREMENTS The Subrecipient shall cornply les, r'egulati pl with ;al.! applicable and federal laws, rules ons requirements and program guidance identified or referenced in this Agreement and the informational documents published by gre .DHS/FEMA applicable to the .23HSGP Program, including, but ed to, all criteria t not limit restrictions, and requirements of it Department of Homeland Security (DHS) Notice of Funding Opportunity (NOFO) Fiscal Year 2023 Homeland Security Grant Program" (hereafter "the NOFO"), the Fiscal Year 2023 Preparedness Grants Manual, FEMA Manual (FM) 207'-22-0001 Version 4, 2023 (hereafter "the Manual"), the DHS Award Letter for the Grant, and the federal regulations commonly applicable to DHS/FEMA grants, all of which are incorporated herein by reference. The DHS Award Letter is incorporated in this Agreement as Attachment C. The Subrecipient acknowledges nowledges that since this Agreement involves federal award funding, the period of performance may begin prior to the availability of appropriated federal funds. The Subrecipient agrees that it will not hold the Department, the State of Washi gton n Or the United State liable for any da States a mageS, claim for reimbursement, or any t pe of payment whatsoever for s erformed under this A ervices p greement prior to distribution of appropriated federal funds, or if federal funds are not appropriated or inp articular amount. A. STATE AMD FEDERAL REQUIREMENTS F I OR DHS/FEMA PREPAREDNESS GRANTS: The following requirements apply to -all DHS/FEMA Preparedness Grants administered by the Department. 1 SUBAWARDS & CONTRACTS BY SUBRECIPIENTS a. The Subreciplent must make a case-by-case determination whether each agreement it makes for the disbursement of 23HSGP funds received under this Agreement casts the party receiving the funds in the role of a subrecipient or contractor in accordance with 2 CFR 200.331. b. If the Subrecip.ient also becomes a pass-through entity by making a subaward to a non-federal entity as its subrecipient, the Subrecipient must make: a case-by-case determination whether each agreement. it makes for the disbursement of 23HSGP funds received under this A regiment casts the part greerne. party receiving the funds in the role o subrecipient or contractor iaccordance-_ 200.330. of . en with 2 CFR i. The Subrecipient must comply with all federal laws and regulations applicable top ass - through entities of 23HSGP funds, including, but not limited to., those contained in 2 CFR 200. The Subreciplent 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 info*rmational documents published by DHS/FEMA applicable to DHS-FEMA-HSGP-SHSP-FY23 Page 2 of 53 G.rant County Sheriff s Office, E24-122 the 231-1SGP Program, including but not limited to, all criteria, restrictions, and requirements of th.e'NOFO the Manual, 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 23HSGP federal award funds provided to its subrecipients 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. 2. BUDG ETX_ REIMBURSEMENT, AND TIMELINE a. Within the total Grant Agreement Amount, ravel, subcontracts, salaries, benefits printing, equipment, and other goods and -services or other budget categories es; 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 request, is limited to and shall not exceed the total Grant Agreement Amount, c. If the Subrecipient chooses to include indirect costs within the Budget (Attachment E), additional documentation is required based on the applicable situation. As described in 2 CFR 200.414 and Appendix VI I to 2 CFR 200: If the Subrecipient receives direct funding from any Federal agency(les), 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 VII of 2 CFR 200 requirements. If the Subrecipient does not receive direct federal funds (i.e., only receives funds as a i subrecipient), the Subrecipient must either elect to charge a de minimis rate of ten percent (10%) or 10% of modified total direct costs or choose to negotiate a higher rate With the Department. If the latter is preferred, the Subrecipient must contact Department Key Personnel for approval steps. d. For travel casts, the. Subrecipient shall comply with, 2 CFR 200.475 and should consult their internal polic*les, state rates -set pursuant to RCW 43.03.050 and RCW 4.3.03.060 as now existing or amended, and federal maximum rates *set forth. �.gsa.c�oy,and at Lttfollow the most restrictive. If travel costs exceed set state or federal limits, ts travel posts -shall not be reimbursed without prior written approval by Department Key Personnel. e. Reimbursement requests will include a properly completed State A-19 Invoice Form and Reimbursement Spreadsheet (in the format provided by the Department) detailing the expenditures for which reimbursement is sought. Reimbursement requests must be submitted to .Rei,mbursements(c-D..mli,.wa,a.ov no later than the due dates listed within the Timeline (Attachment F). Reimbursement request totals should be commensurate to the time spentprocessing by the 'Subrecipient and the Department. f. Receipts and/or backup documentation for any approved items that are authorized under this Agreement must be maintained by the Subrecipient consistent with record retention requirements of this Agreement and be made available upon request by the Department, and federal, state, and local auditors. g. The Subrecipient must request ria, written approval from Department Key Personnel to waive or extend a due date in the Timeline (Attachment F). For waived or extended reimbursement due dates, all allowable costs should be submitted on the next -scheduled reimbursement due date contained in the Timeline. Waiving or missing deadlines serves as an indicator for assessing an agency's level of risk of noncompliance with the regulations, requirements, and the terms and conditions of the Agreement and may increase required monitoring activities. Any request for a DHS-FEMA-HSGF-SHSP-FY23 Page 3 of 53 Grant County Sheriffs office, E24-122 waiver or extension of a due date in the Timeline will be treated as a request for Amendment of the Agreement.. This request must be submitted to the Department Key Personnel sufficiently in advance of the due date to provide adequate time for Department review and consideration and may be granted or denied Within the Department's sole discretion. h. All work under this Agreement must end on or before the Grant Agreement End Date, and the final reimbursement request must be submitted to the Department within the time period notated in the Timeline (Attachment F) except as otherwise authorized by either (1) written amendment of this Agreement or (2) written notification from the Department to the Subrecipient to provide -------------------------------addition-al-tim-e-for--com-p,letion--of-th-e-S-ubrecipient's-sub-proj-ect(s7). L No costs for purchases of equipment/suppl'ies will be reimbursed until the related equipment/supplies have been received by the Subrecipient, its contractor, or any non4ederal entity to which the Subrecipient makes a subaward and ii'voiced by the 'endor. s in v j. Failure to submit timely, accurate, and complete reports and reimbursement requests as required by this Agreement (including, but not limited to, those reports in. the Timellne [Attachment F]) will prohibit the Subrecipient from being reimbursed until such reports 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. 1. For SHSP and UASI Subrecipients, a written amendment will be required if the Subrecipient expects cumulative transfers among subproject totals,as identified in the Budget (Attachment E), to exceed ten percent (10%) of the Grant A- greement Amount. If a Subrecipient has on.l.y one subproject, cumulative transfers. among solution areas within the subproject that exceed ten percent 0%) of the Grant Agreement Amount shall require an amendment to this Agreement. m. For OPSG Subrecipients, any deviations from the approved, direct budget categories will requ , ire additional federal approvals and a written amendment. n. Subrecipients shall only use federal award funds under this Agreement to supplement existing funds and will not use them to replace (supplant) non-federal funds that have been budgeted for the same purpose. The Subrecipient may be required to demonstrate and document that the 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 expenditures, for which reimbursement is sought, relate to the Work Plan (Attadhmen-1-.21 D - 1 -3 -activities in the ts D . format provided by the Department, b. With the final reimbursement request, the Subrecipient shall submit to the Department Key Personnel a final report (in the format provided by the Department) describing all completed activities under this Agreement. c. The Subrecipient shall comply with the Federal Funding Accountability and Transparency Act (FFATA) and related OMB Guidance consistent with Public Law 109-28.2 as amended by section 6202(a) of Public Law 110-252 (see 31 U.S.C. 6101 note) and complete and return to the Department an Audit.CertificafionlFFATA Form. This form is required to be completed once per calendar year, per Subrecipient, and not per agreement. The Department's Contracts Office will request the Subrecipient submit an updated form at the beginning of each calendary ear in, whichthe Subrecipient has an active agreement. d. To document compliance with the National Incident Management System (NIMS), the Subrecipient shall complete the annual NIMS survey conducted by Emergency Management Division staff. 4. EQUIPMENT AND SUPPLY MANAGEMENT a, The Subrecipient and any non-federal entity to which the Subrecipient makes a subaward shall comply with 2 CFR 200.317 through 200.327 when procuring any equipment or supplies under DHS-FEMA.-HSGP-SHSP-FY23 Page 4 of 53 Grant County Sheriff's Office, E247122 this Agreement, 2 CFR 200.313 for management of equipment, and 2 CFR 200,314 for management of supplies, to include, but not limited I to: 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- federal entity 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 be recorded and maintained in the Subrecipient's inventory tem. 'iii, Inventory System records sh,all include: A. Description of the property; B. Manufacturer's serial number, model number, or other identification number; C. Funding Source for the property, including the Federal Award Identification Number (FAIN) (Face Sheet, Box 11.); D. Assistance Listings- Number (Face Sheet, Box 13); E. Who holds the title; F. Acquisition date; G. Cost of the property and the percentage of federal participation in the cost; H.. Location, use and condition of the t at the date the information was reported; property a I. Disposition data including the date of disposal.and sale price of the property. iv. The Subrecipient shall take a physical inventory of the equipment, and supplies as applicable, and reconcile the results with ' h the property records at I least once every two years. Any differences between quantities determined by the physical inspection -and those shown in the records shall be 'investigated by the Subrecipient to determine the cause of the difference. The Subrecipient shall, in connection with the inventory, current utilization, and continued . need for the equipment. verify the existence V. The Subrecipient shall ..be responsible for any and all operational and maintenance expenses andfor the safe operation of the equipment and supplies including all questions of liability. The Subrecipient shall develop appropriate maintenance schedules and procedures to ensure the equipment, and supplies as applicable, are well-maintained and kept in good operating condition. vi. The Subrecipient shall develop a control system to ensure adequate safeguards to prevent Foss, damage, and theft of the property. Any loss, damage, or theft shall be investigated, and a report generated and sent to the Department's Key Personnel. vii. The Subrecipient must obtain and maintain, all necessary certifications and licenses for the equipment. viii. If the Subrecipient is authorized or required to sell the property, proper sales procedures must be established and followed to ensure the highest possible return, For disposition., if upon termination or at the Grant Agreement End Date, when original or replacement supplies or equipment acquired under a federal award are no longer needed for the original project or program or for other activities currently or pre sl viou, y supported by a federal awarding agency, the Subrecipient must comply with the following procedures: A. For Supplies: If there is a residual inventory of unused supplies exceeding $5,000 in total aggregate value upon termination or completion of the project or program and the supplies are not needed for any other federal award, the Subrecipient must retain the supplies for use on other activities or sell them, but must, in either case, compensate the federal government for its share. The amount of compensation must be computed in the same manner as for equipment. DHS-FEMA-HSGP-SHSP-FY23 Page 5 of 53 Grant County Sheriffs Office, E24-122 B. For Equipment: 1) Items with a current per-unit fair -market value of five thousand dollars ($5,000) or less may be retained, sold, transferred, or otherwise disposed of with no further obligation to the federal awarding agency, 2) Items with a. current per-unit fair -market value in excess of five thousand dollars ($5,000) may be retained or sold, The Subrecipient shall compensate the federal awarding agency in accordance with the requirements of 2 CFR 200.313 (e) (2). s--fo r -eq u,i pme nt-shafl-b e-reta in ed-by--th-e-Su b reci pie nt--fo r -a. -perio-d.-of-S.ix-(6-)-ye-ars------ from the date of the disposition, replacement, or transfer. If any litigation, claim, or audit is started before the expiration of the s'X i - (6-) year period, the records 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 beprovided unless the appropriate approval has been received. c. Allowable equipment categories fo.r the grant program are listed on the Authorized Equipment List (AEL) located on the FEMA website at htt -equi P-s://Wwv/'.fema.gov/�grants/guida.nce- tools/authorized pment list, it is important that the Subrecipient and any n 0 n -federal entity to which the Subrec.i.pient makes a subaward regard the AEL as an authorizedpurchasing list identifying items allowed under the specific grant progr rami the AEL includes items. that may not be categorized as equip rent according to e r ' the �fede al, state, local, and tribal definitions of equipment. The Subrecipient is solely responsible for ensuring and documenting purchased items under this Agreement are authorized as a - Ilowed items by the AEL at time - me of purchase. If the item is not identified on the AEL as allowable under the grant program ,the Subrecipient must I contact the Department Key Personnel for assistance in seeking FEMA approval c to acquisition. d. Equipment purchases (those with a current per-unit fair market value in. excess of $5,000) must be identified and explained to the Department. Use, management, and disposition of such equipment is subject to requ*irements outlined in 2 CFR 200.313. Before making such purchases, the should analyze the cost benefits of purchasing versus leasing equipment., especially high-cost items and those subject to rapid technical advances. e. Unless expressly provided otherwise, all equipment must meet all mandatory regulatory state and. DHS/FEMA adopted standards to be eligible for purchase using federal award funds, f. If funding is allocated to support emergency communications activities, the Subrecipient must ensure that all projects comply with SAFECOM. Guidance on Emergency Communications Grants, located at https:/Iwww.cisa.clov/safecoM/fLi including provisions on technical standards that ensure and enhance interoperable communications. g. 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 usescovered telecommunications equipment or services as a substantial or essential component t of any system, or as critical technology of any system; 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. DHS-FEMA-HSGP-SHSP-FY23 Page 6 of 53 Grant County Sheriffs office, E24-122 This prohibition regarding certain telecommunications and video surveillance services or equipment is mandated by section 889 of the John S. McCain National Defense Authorization AGt for Fiscal Year 2019 (FY` 2019 NDAA), Pub, L. No. 115-232 (2018) and 2 CFR 200.2- 16; 200.327, 200.471, and Appendix 11 to 2CFR200. Recipients and subrecipients may use DHS/FEMA grant funding to procure replacement equipment and services impacted by this prohibition, provided the costs are otherwise consistent with the requirements of the Manual and the NOFO. Per subsections 889(f)(2)-(3) of the FY 2019 NDAA, and 2 CFR 200.216, covered telecommunications equipment or services means: i. Telecommunications equipment Produced by Huawei Technologies Company or ZTE Corporation, (or any subsidiary or affiliate of such r entities) ii. For the purpose of public safety, security of government facilities physical security surveillance of critical infrastructure, and other national security ecurity purposes, video surveillance and telecommunications equipment produced - by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); iii. Telecommunications or video surveillance services provided by such entities or using such equipment; or iv. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a. covered foreign -country. h. For OPSG Subredipients, items budgeted as equipment in an approved Operations Order should be marked prominently 12 practicable. Y with "Purchased with DHS funds for Operation Stone Use when i. The Subrecipient must pass through equipment and supply management requirements that meet or exceed the requirements outlined above to any non-federal entity to which the Subrecipient makes a subaward of federal award funds under this Agreement. 6. ENVIRONMENTAL AND HISTORICAL PRESERVATION a. The Subrecipient shall ensure full compliance with the DHS/FEMA Environmental Planni ..ng and Historic Preservation (EHP) Program. EHP program information can be found at https:l/\Pi\Nw.fema.qovlqrants/ gLiidance-tools/enviro'nmeintal-h.istoriGall of which are incorporated in and made a. part of this Agreement. b. Projects that have historical environment, 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; or new construction, including replacement of facilities, must participate in the DHS/FEMA EHP review process prior to project *Initiation. Modification of existing buildings, including minimally invasive improvements such as attaching monitors to interior walls and training or exercises occurring outside in areas not considered previously disturbed also require a DHS/FEMA EHP review before project initiation, c. The EHP review . process involves the submission of a detailed project description that includes the entire scope of work, including any alternatives that may be under consideration, along with supporting documentation so FEMA may determine Whether the proposed project has the potential to impact environmental resources and/or historic properties. perties. d. The Subrecipient agrees that, to receive any federal preparedness funding, all EHP compliance requirements outlined in applicable guidance -must be met. The EHP review process must be completed and FEMA approval must be 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 may not be reimbursed. DHS-FEMA-HSGP-SHSP-FY23 Page 7 of 53 Grant County Sheriffs Office, E241122 V. PROCUREMENT The Subrecipient shall comply with all procurement requirements of 2 CFR 200,317 through 200.327 and as specified in the General Terms and Conditions (Attachment B, A.10). a. For all contracts expected to exceed the simplified acquisition threshold per 2CFR200.1, the Subrecipient must notify the Department. The Department may request pre -procurement: documents, such as request for proposals invitations for bids and independent cost estimates. This requirement must be passed on to any non-federal entity to which the Subrecipient makes a Subaward, at. which point the Subrecipient will be responsible for reviewing and approving sole source ju stifi Gati on s-to--a-ny-non-4ed era I--entity-to-wh-i ch -S -u b recip-ient-m-akes-any-award-------—...-- b. For all sole source contracts expected. to exceed, the micro -Purchase thresholdper2 CFR 20O. . 1 the Subrecipient must submit justification to the Department *t for review -and approval. This requirement must be passed on to -federal entit to which the Subr any non Y ecipient makes:a. subaward,,.. a t which' point, the Subrecipient will be responsible for reviewing and approving sole source justifications to any non-federal entity to which Subiecipient makes any award. c. 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 Infrastructure Investment and Jobs Act §§ 70901-70297, Pub. L. No. 117-58 (202'1); and Executive Order 14005, Ensuring the Future is Made in All of America by All of America's Workers. BABAA requires any infrastructure project receiving federal funding must ensure.: i. All iron ,and steel used in the project are produced in the United States. This means all manufacturing processes, from initial melting stage through the application of coatings occurred in. the United States. , H All 'manufactured products must be produced in the United States.. For a manufactured product to be considered produced in the United States, the cost of the components of the manufactured 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 manufactured product, unless subject to another standard. iii.. All construction materials are manufactured in the United States. This means that all manufacturing processes for construction material occurred in the United States. Additionally, applicable infrastructure projects are subject to domestic preference requirements, A domestic preference does not apply Ply to no-n-infrastruct'ure spending- under an award that also includes a covered project. A domestic preference applies to an entire infrastructure project, even if it is funded by both federal and.non-fe.deral funds under one or more awards. i. Domestic preferences under BABAA only apply to articles materials, and suP p lies that are consumed in, incorporated into, or affixed to infrastructure project. As such an I it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completi . on of the infrastructure pr 6ject. Nor does a domestic preference apply to equipment and furnishingsI such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of or permanently affixed to the structure. ii. Infrastr*ucture,. for the purposes of BABAA, includes., at a minimum, the structures, facilities, and equipment for, in the United States, roads highways and bridges; public transportation; dams, ports, harbors and other maritime facilities; Intercity passenger and freight railroads; freight and intermodal facilities; es; airports; Water systems, including drinking water and wastewater systems; electrical transmission facilities and systems -, utilities- broadband infrastructure;' and buildings and real property. Infrastructure includes facilities that generate, transport, and distribute energy. iii. The Subrecipient's contractors and their subcontractors who apply or bid for an award for an infrastructure project subject to the domestic preference requirement in the BABAA shall file a required certification to the Subrecipient with each bid or offer for an infrastructure project unless a domestic preference requirement is waived by FEMA. Contractors and DHS-FEMA-HSGP-SHSP-FY23 Page 8 of 53 Grant County Sheriffs Office, E24-122 subcontractors must certify that no federal financial ass' -stance funding for infrastructure projects will be provided unless all the iron, steel, manufactured.projects and construction materials used in the project are produced in the United States, BABAA, Pub. L. No. 117- 58, §§ 70901-5-2. Contractors and subcontractors shall also disclose any use of federal financial assistance for infrastructure projects that does not ensure compliance with BABAA domestic preference requirement. Such disclosures shall be forwarded to the Subrecipient. who will forward them to the Department who, in turn, will forwardth,e disclosures to FEMA. The Build America., Buy America Act Self -Certification form is in I cluded herein as Attachment G. If. the Su.bre.cipient is interested in applying for a waiver, the Subrecip'ient should contact the Department Key Personnel to determine the requirements. nts. All waiver nests must include re c e a detailed justification for the use of goods, products, or materials mined, produced, or Ufactured outside the United States and a certification that there was a man good faith effort to solicit bids for domestic product's supported by terms included in requests forproposals, contracts., and nonproprietary communications with potential suppliers . 7. SUBRECIPIENT MONITORING a. The Department will monitor the activities of the Subrecipient from award to closeout. The goal of the Department's monitoring activities will be to ensure that subrecipients receiving federal pass- through funds are in compliance With this Agreement, federal and state audit requirements federal grant guidance, and applicable federa I 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 Certif , ication/FFA TA 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 ofphone calls, meetings (e.g., agendas,, sigh -in sheets, meeting minutes), e- -mails and correspondence; iv. Review of reimbursement requests and supporting documentation -ensure allowability and to consistency with Agreement Work Pla' (Attachments' D- 1 D-2, D-3), Budget (Attachment E) Plan and'federal requirements., v. Observation and documentation of Agreement-relafed activities,, such as exercises., -training, events, .and equipment demonstrations; and 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. d, The Subrecipent is required to meetor exceed the monitoring activities, as -outlined above, for any non-federal entity to which the SUbrecipient makes a subaward as apass-through entity under this Agreement. e. Compliance will be monitored throughout the performance period I to assess risk. Concerns will be addressed through a corrective action plan. 8. LIMIT,SH ED ENGLISH PROFICIENCY (CIVIL RIGHTS ACT OF 1964 TIT I LE VI) S The ubreGiplent must comply with the TitleI o* V f the Civil Rights Act of 1964 (Title VI) prohibition against discrimination on the basis of national origin, Which requires that subrecipient's*. of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services. Providing, meaningful access for persons with LEP may entail providing language assistance services, including oral interpretation and written translation. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (August 11, 200'0), requires federal ag i to * uidance to recipients, assisting encies issue g such organizations and entities in understanding their language access obligations, DHSpublished DHS-FEMA-HSGP-SHSP'-FY23 Page 9 of 53 Grant County Sheriffs office, E24-122 the required recipient guidance, in April 2011, DHS Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition against National Origin Discrimination Affecting Limited English Proficient Persons, 76 Fed. Reg. 21755-21768, (April 18, 2011). The Guidance provides helpful information such as how a recipient can determine the extent of its obligation to provide language services, selecting ing language services, and elements of an effective plan on language assistance for LEP persons. For additional assistance and 'information regarding language access obligations, please refer to the DHS Recipient Guidance at https:/iwww.dhs.gov/quidance-published- hein-deparrtment-1 Lipported-organizations-provide-m.eani I -access -people -limited and additional 9. NIMS COMPLIANCE. a, T -he National Incident Management System (NIMS) identifies concepts and principles that answer how to manage emergencies from preparedness to recovery regardless of their cause size, location, or I complexity. NIMS provides a consistent, nationwide approach and vocabulary jurisdictifor .multiple agencies orons to work together to build, sustain, and del I iver 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 em.powers the components of the National Preparedness System, a requirement of Presidential Policy Directive 8, to guide activities within the public and private sector and describes the plan hing, organizational activities, ies, equipping, training, and exercising needed to build and sustain the core, capabilities in support of the National Preparedness Goal. c. In order to receive federal preparedness funding from the Department, the Sub.recipient must ensure and maintain adoption and implementation of NIMS. See Agreement Aft chmehtA,,Artic'le 11 section 3.d. for associate a d reporting requirements. The list of objectives used for progress and achievement. reporting can be found athttps://www.fema.Lovlemerciency .m an acl e rs/ni m.sfirn Diem entation-train ing. B. HSGP SPECIFIC REQUIREMENTS 1. The Subrecipient must use HSGP funds only to perform tasks as described in the Work Plan (Attachments D-1 I D-21 D-3), as approved by the Department, and in compliance with this Agreement. a. SHSP-funded projects must assist state, local, tribal, and territorial efforts to build, sustain, and deliver the capabilities necessary to. prevent, prepare for, protect against, and respond to acts of terrorism. .b. UASI-funded projects must assist high -threat, .high density lJrban Area efforts to build and deliver the capabilities necessarysustain, to prevent, prepare for, protect against, and respond to acts of terrorism. c. OPSG-funded projects must support enhanced cooperation and coordination among Customs and Border Protection, United States Border Patrol and federal, state, local, tribal, and territorial law enforcement agencies to support joint efforts to secure the United States' borders along routes of ingress/egress to and from international borders, to include travel corridors in -states bordering Mexico and Canada, as well as states and territories With international water borders. State, local., tribal, and territorial law enforcement agencies utilize their inherent law enforcement authorities to support the border security mission and do not receive any additional . authority as a result of participation- in OPSG. d. State agencies, including law enforcement, must comply with RCW 43.17.425 and may not use agency funds (including this grant),, facilities, property,, equipment, or personnel, to investigate, enforce, cooperate with, or assist in the investigation or enforcement of any federal registration or surveillance programs or any other laws, rules, or policies that target Washington residents solely on the basis of race, religion, immigration, or citizenship status, or national or ethnic origin, except as provided in RCW 43.17.425 (3). 2. The Budget (Attachment E) may include the following caps and thresholds: DH.S-FEMA-HSGP-SHSP-FY23 Page 10 of 53 Grant County Sheriffs Office, E24-122 a. If funds are allotted for Management and Administration (M&A), such expenditures must be related to administration of the grant. The maximum percentage of the Grant Agreement Amount that may be used for M&A costs when allocated under this Agreement shall not exceed five percent (5%) but may be less. b. At least thirty percent (35%) of the combined HSGP award allocated under SHSP and UASI must be dedicated to law enforcement terrorism prevention activities (LETPA). To meet this requirement, the Subrecipient has agreed, at a minimum, to meet the LETPA percentage g indicated in the Budget. If the Subrecipient anticipates spending less than the indicated c. The maximum percentage of the Grant. Agreement Amount. that may be used for personnel expenses under this Agreement is identified in the Budget. If the Subreci dent anticipates p p spending more on personnel costs, an amendment is required. Additional approval steps may also be required before the personnel percentage can be increased. 3. If funding is allocated to a Fusion Center investment, the Subrecipient must ensure all Fusion Center analytical personnel demonstrate qualifications that meet or exceed competencies identified in the Common Competencies for state, local, and tribal intelligence analysts, which outlines the minimum categories of training needed for intelligence analysts. All training to ensure baseline proficiency in intelligence analysis and production must be completed within six 5 months of hiring unless the �} g analyst has previously served as an intelligence analyst for a minimum of two) years. Proof of satisfaction of this requirement must be accessible to the Department Ivey Personnel as applicable. 4. If funding is allocated to non -DHS FEMA training, the Subrecipient must request.. nor written approval from the Department ley Personnel before attending the training. The Department will coordinate approval with the State Training Point of Contact. Pursuant to DHS/FEMA Grant Programs Directorate Information Bulletin No. 432, Review and Approval Requirements for Training Courses q g Funded Through Preparedness Grants, htt s./lwww.fema. ovIsites/default/files[2g20- _ royal IB Final 'l g X13. df, the train' must fall within the 04/Training Course Review and A g FEMA mission scope and be in alignment with the Subrecipient's Emergency Operations Plan. This requirement only applies to training courses and does not include attendance at conferences. Furthermore, additional federal approvals are required for courses that relate to Countering violent Extremism prior to attendance. 5. For SHSP and UASI, Subrecipients are required to complete the annual Nationwide Cybersecurity Review (NC IH) httgs,://www.c security or l�s�-isac�serviceslnosr to benchmark and measure progress of improvement in their cybersecurity posture. 6. Except for an elevated National Terrorism Advisory System alert, r or written approval is required �p before SHSP and UASI funds may be used for operational overtime. Requests must be submitted to the Department Key Personnel in advance of the expenditure to ensure all additional approval steps can be met. 7. SHSP Subrecipients shall participate in the State's annual Stakeholder Preparedness Review (SPR), the State's Threat and Hazard Identification and Risk Assessment (THiRA), core capabilities assessments, and data calls. Ikon -participation may result in withholding of funding under future grant years. 3. UASI Subrecipients shall participate in the annual UASI SPR. and THIRA process. g. Subrecipients should document their preparedness priorities, informed by various factors, including jurisdiction specific threats and hazards (i.e., the THIRA); areas for im rovement identified by real- p world events and exercises; external requirements such as state or national preparedness reports, homeland security policy, and industry reports; and accreditation standards, regulations, or legislative requirements, and use them to deploy a schedule of preparedness events in a multiyear Integrated Preparedness Pian (IPP). Subrecip ents are encouraged to participate in the State's annual Integrated Preparedness Planning Workshop (I PPv) or may conduct their own local/regional i PPW. information related to IPPs and integrated Preparedness Planning Workshops(IPPWs)can be found on the HSEEP website at httos:Hwww.fema.govfHSEEP and https:l/nreptoolkit.fema.gov`. DHS-FEMA-HSGP-SHSP-FY23 Page 11 of 53 Grant County Sheriffs Office, E24-122 C. DHS TERMS AND CONDITIONS As a subrecipient of 23HSGP funding, the Subreci i ht shall comply with all a livable DHS terms and ipien p conditions of the 23HSGP Award Letter and its incorporated documents , which are incorporated in and made a part of this Agreement as Attachment C. DHS-FEMA-HSGP-SH,SP-FY23 Page 12 of 53 Grant County Sheriffs Office, E24-122 Attachment B Washington Military Department GENERAL TERMS AND CONDITIONS IONS Department of Homeland Security (DHS )/ Federal Emergency Management Agency (FEMA) Grants A.1 DEFINITIONS As used throughout this-Agreeme nt, the terms will have the same mmrnean"rng as defined in 2 CFR 200 S.0 part A (which is incorporated herein by reference), except' as otherwise set forth below: .a. "Agreement)$ means this Grant Agreement. b. "Department" means the Washington Military Department, as a state agency, any division, section, office, unit or other entity of the Departmen-t, or any of the officers or other officials lawfully representing 'that Department. The Department is a recipient of a federal awar'd'dire'ctly from m a federal awarding agency and is the pass-through entity making a subaward to a Subrecipient under this Agreement.. c. Investment )I means the grant application submitted by the Subreci lent describing the project(s) S I P for which federal !funding is sought and provided under this this Agreement. Suchgrant applicati I on is hereby incorporated into this Agreement by reference. d. It Mo nitoring Activities It means all administrative, financial, or other review activities that are conducted to ensure compliance with all state and federal laws, rules, regulations,author ities and policies, .e. "Stakeholder Preparedness Review (SPR)" The SPR is an.annual three-8tep self -as= assessment of a community's capability levels ba*se*d. on the capability targets identified in the THIRA.' f. "Subrecipient" when capitalized is primarily used throughout this Agreement in reference to the non-federal entity identified on the Face Sheet of this Agreement that has received asub award from the Department. However, the definition of "Subrecipient" is the same as in 2 CFR.200.1 for all other purposes. 9- "Threat and Hazard Identification and Risk Assessment (THIRA)" The THIRA is a three-step risk assessment. The'THIRA helps communities understand their risks and determine: the level of capability they need in order to address those risks., The I outputs from this process 'lay the foundation for determining unity's capability gaps during the SPR proces- a community's S. A.2 ADVANCE PAYMENTS NTS PROHIBITED The Department s hal jr, make a e no payments in advance or in anticipation of goods or services to be provided under this Agreement Subrecipient shall not invoice the 'Department in advance o' f delle livery and invoicing of such goods or services. A.3 AMENDMENTS AND MODIFICATIONS The Subreciplent or the Department may request, in writing, an amendment or modification oft his Agreement. However, such amendment or modification shall, not be binding, take effect or b , e. incorporated herein until made in writing and signed by the authorized representatives of the Department and the Subrecipient. No other understandings or agreements, written or oral, shall be binding on the parties. TheAgreementperformance period shall only be extended by (1) written notification of DHS/FEMA approval of the Award performance period, followed up with a mutually agreed written amendment, or (2) written notification from the Departmentto the Subrecipient toprovide additional time for c' o the Subrecipient's ompleti n of projects}. AA AMERICANS WITH DISABILITIES ACT ADA OF 1990, PUBLIC LAW 101-336,42 U.S.C. 12101 ET SEQ. AND ITS IMPLEMENTING REGULATIONS ALSO REFERRED TO AS THE "ADA" 28 CFR Part 35. The Subrecipient must comply with the ADA, which provides comprehensive civil rights protection to Individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunication. DHS-FEMA-HSGP-SHSP-FY23 Page 13 of 53 Grant County Sheriffs Office, E24-122 A.5 ASSURANCES The Department and Subrecipient agree that all activity pursuant to t * his.Agreement will be in accordance with all the applicable current federal, state and local laws, rules, and regulations. L A,6 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, OR INELIGIBILITY As federal funds are a basi's for this Agreement, the Subrecipient certifies that the Subrecipient is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Agreement by any federal department or agency, The Subrecipient shall complete, sign, and return a Certification Regarding I Debarment, Suspension, ------.-,---"---------------In-e-figib-ility-,----and--V-olunt.a-ry--E-xclutsion—forrm—l-o-cated---at,— htto.// ov/em rq division/grants/reguiredgrantforms. Any such form completed by the Subrecipient for thisAgreement shall be incorporated into this Agreement by reference. Further, the, Subrecipient agree to comply with all applicable federal regulations concerning the federal s c mp debarment and suspension system, including 2 CFR FR Part 180. The Subrecipient certifies that it will ensure that potential contractors or subrecipients or any of their principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in "covered transactions" by any federal department or agency, "Covered transactions" include procurement contracts for oods or . 9 services awarded under a non -procurement transaction (e.g., grant or cooperative agreement) that are expected to equal or exceed $25,QOO, and subawards to subrecipients for any amount. With respect to covered transactions, the Subrecipient may comply with this provision by obtaining a certification statement from the potential contractor or subre- ipient m r c or byheckihg the System c n for Award Management (http8.-Hsam.qov/SAM/) maintained by the federal government- The Subrecipient also agrees not to enter into any arrangements, or contracts with any party. on the Washington State .Department of Labor and Industries' "Debarred Contractor List' (hftps:/Isecure.ini.wa.gov/debar-andstriko/``Cont.racto'rDebarLi t also agrees not st.asp ). The Subrecipien. to, enter into ay agreements, or contracts for the purchase of goods and services with any party on the p Department of Enterprise Services) "Debarred Vendor List (http-://www.des,wa.gov/services/ContractinqPurchasing,/Business/Pa,gesNendor-Debarment.aspx). AY CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING As required by 44 CFR Part 18, the Subrecipient hereby certifies that to the best of its'knowledge and belief: (1) no federally appropriated funds have been paid or will be paid b. y or on behalf of the Subrecipient to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation renewal, -amendment, or modification of any federal contract, grant, loan-, or cooperative agreement;( 2) that if any funds -other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an .officer or employee of Congress, or an employee of a Member of Congress in connection with this .Agreement, grant, loan, or cooperative agreement, the Subrecipient will complete and r submit Standard Form -LLL, ','Disclosure Form to Report Lobbying," in accordance with its instructions;(3) and that, as applicable, the Subrecipient will require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts undergrants, loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into and is a prerequisite for making or entering into this transaction imposed by 31 . U.S.C. 1352, A.8 COMPLIANCE WITH APPLICABLE STATUTES, RULES ES AND DEPARTMENT POLICIES The Subrecipient and all its contractors and subrecipients shall comply with, and the Department is not responsible for determining compliance with, any and all applicable federal, state, and local laws, regulations, executive orders, OMB Circulars, and/or policies. This obligation includes, but is not limited to: nondiscrimination laws and/or policies, Energy Policy and Conservation Act (PL 94-163, as amended), the Americans with Disabilities Act (ADA), Age Discrimination Act of 1975, Title VI of the Civil Rights Act of 1964, Civil Rights Act of 1968, the Robert T. Stafford Disaster Relief and Emergency Assistance Act, ,(PL 93-288, as amended), Ethics in Public Service (RCW 42.52.), Covenant Against Contingent Fees (48 DHS-FEMA-HSGP-SHSP-FY23 Page 14 of 53 Grant County Sheriffs Office, E24-122 CFR Section 52.203-5), Public Records Act (RCW 42.56), Prevailing Wages on Public Works (RCW 39.12), State'Environmental Policy Act (RCW 43.21 C), Shoreline Management Act of 1971 (RCW 90.58), State Building Code (RCW 19.27), Energy Related Building Standards (RCW 19.27A), Provisions in Buildings for Aged and Handicapped Persons (RCW 70.92), and safety and health regulations. In the event of noncompliance or refusal to comply with any applicable law, regulation, executive order OMB C.ircular or policy by the Subrecipient, its contractors or su-brecipients, the Department may rescind, cancel, or terminate the Agreement in whole or in part in its sole discretion. The Subrecipient is .responsible for all costs or liability arising from its failure, and that of its contractors ractors and subrecipients, to ly.-with.-a p p I i ca b.1 e -I aws,-re 9 u I ation s -exec uti-Ve-o.rd e rs -0-M rc 13-Gi ul a rs.-or- p. ficies. A.9 CONFLICT OF INTEREST No officer or employee of the Department; no member, officer, or employee of the Subrecipient or its designees or agents; no member of the governing body of the jurisdiction in which the proJect is undertaken or located; and no other official of the Subrecipient who exercises any functions or responsibilities with respect to the project during his or her tenure shall have any personal or pecuniary gain or interest, direct or indirect, inany contract, subcontract, or proceeds thereof, for work to be performed in connection with the project assisted under this Agreement. The. Subrecipient shall incorporate, or cause to incorporate, in all such contracts or subawards, a provision prohibiting such interest pursuant to this provision. A.10 CONTRACTING & PROCUREMENT a. The Subrecipientshall use a competitive procurement process, in the procurement and award of any contracts with contractors or subcontractors that are, entered into under the original agreement award. Th procurement process followed shall I be in accordance The procurem With 2 CFR Part 200.318, General procurement standards, throu*gh 200.327, Contract. provisions. As required by Appendix 11 to 2 CFR Part 200 all contracts entered into by the Subrecipientunder this Agreement must include the following provisions, as applicable: 1 j Contracts for more than the simplified acquisition threshold currently set at $250,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council(Councils) as authorized by 41 U.S.C. 1908 must address administrative, contractual, or legal reme I dies in instances where contractors violate ,or breach contract terms, androvide for such sanctions and penalties es as appropriate. 2) All contracts in excess Of $'10,040 must address termination for cause and for convenience by the non-federal entity including the manner by which it will be affected and the basis for settlement. 3) Equal Employment Opportunity. Except as -otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted -construction contract in 41 CFR Part 60-1.3 must include the equal opportunity' clause provided under 41 CFR. 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunitil J (30 FR 123190 12935, 3 CFR Part, 1964-1965 Comp., P. 339), as amended by Executive Order 11375$ "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal C . ontract Compliance Programs, Equal Employment Opportunity, Department of Labor," 4) Davis -Bacon Act, as amended .(40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-federal entities must include a provision for compliance with the Davis -bacon Act (40 U.S.C. 3141- 3144, and 3140-3148) .as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Cove gFed a- rally Financed . d Covering e. n Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a. week. The non-federal entity Must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contractor subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or DHS-FEMA-HSGP-SHSP-FY23 Page 15 of 53 Grant County Sheriff's Office, E24-122 reported violations to the federal, awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti-KiCkback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or Subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. 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 n employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 a.nd 3704, as supplemented by Department of Labor regulations (29 CFR Part 5),. Under 40 U.S.C. 3702 of the Act each co Q 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 permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies P p es or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.. 6) Rights to Inventions Made Under a Contract or Agreement. If the federal award meets the definition of -"funding agreemerlt" under 37 CFR §401.2 (a) and the recipient or Subrecipient wishes to -enter into a contract with a small business firm or nonprofit organization g ization regard.ing the substitution of parties, assignment or perfor. m- ance of experimental, developmental, or research work under that "funding agreement," the recipient or Subrecipient must comply with the requirements of 37 CFR Part 401, *"Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,"" and any implementing regulations issued by the awarding agency, 7) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal. Water Pollution Control Act (33 U.S.C. 1251-1387), as amended contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and. the Federal Water Pollution- Control Act as amended (33 U.S,.C. ,1251-1387), Violations must be reported to the federal awarding 'agency and the Regional Office of the Environmental Protection Agency (.EPA). 8) Debarment and Suspension (Executive. Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must, not be made to parties listed on the government -wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 19 1 86 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as -parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 9) Byrd Anti -Lobbying Amendment (31 U.S.C. 1352) contractors that apply or bid for an award exceeding $100,000 must file the required certificat.ion. 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 toinfluence an officer or employee of any agency, a *ember of m Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier Lip to the non-federal award. 10) Procurement of recovered materials – As required by 2 CFR 200.323, a non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must DHS-FEMA-HSGP-SHSP-FY23 Page 16 of 53 Grant County Sheriffs Office, E24-122 comply with section 6002 of the 'Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. Th requirements of Section 6002 include procuring only er. qui u items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered, materials identified in the EPA guidelines. 11) Notice of federal awarding agency requirements and regulations, pertaining to reporting. 12) Federal awarding agency requirements and regulations egulations pertaining to copyrights and rights in data. 13) Access by the Department, the Subrecipient, the federal awarding agency, the Comptroller troller General of the United States, or any of their duly authorized representatives to any books) documents, papers, and records of the contractor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions, 14) Retention of all required records for six years after the Subrecipient has made final payments and all other pending matters are closed. 15) Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation. Act (Pub. L. 94-163, 89 Stat, 871). 16) Pursuant to Executive Order 13858 "Strengthening Buy -American Preferences for Infrastructure Projects," and as appropriate and to the extent consistent with law, the non Federal entity should, to thegreatest extent practicable under a Federal award, provide a preference for theurchase, acquisition, or use of goods, products, ormaterials produced in p the United States, as required in 2 CFR Part 200.322, in every contract, subcontract, purchase order, or sub -award that is chargea.ble against federal financial assistance awards. 17) Per 2 C.F,R, § 200.216, prohibitions regarding certain telecommunications and video surveillance services or equipment are mandated by section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (BY 2019 .NDAA), Pub. L. No. 115- 232(2018). b. The Department reserves the right to review the Subrecipienti s procurement plans and documents- and require the Subrecipient to ma I ke changes to bring its plans and documents into compliance with the requirements of 2 CFR Part 200.317 through 200.327. The Subrecipient Must ensure that its procurement process requires contractor's and subcontractors to -provide adequate documentation with sufficient detail to' support the costs of the project and to allow both the Subrecipient and Department to make a determination on eligibility of project costs. C. All contracting agreements entered into pursuant to this Agreement shall incorporate this Agreement by reference. A.11 DISCLOSURE The use or disclosure by any party of any information concerning the Department for any purpose not directly connected with the administration of the Department's or the Su lbreci ipen t's responsIibilities with respect to services provided, under this Agreement is prohibited except by prior written consent of the Department or as required to comply with the state Public Records Act, other law or court order. A.12 DISPUTES Except as otherwise provided in this Agreement, when a bona fide dispute arises between the parties and it cannot be resolved through discussion and negotiation, either party may request a dispute resolution board to resolve the dispute. A request for a dispute resolution board shall be in writing, state the disputed issues, state the relative positions of the parties, and be sent to all parties. The board shall consist of a representative appointed by the Department, a representative appointed by the Subrecip'ie'nt, and a third party mutually agreed upon by both 'parties. The determination of the dispute resolution board shall be final and binding on the parties hereto. Each party shall bear the cost for its member of the DHS-FEMA-HSGP-SHSP-FY23 Page 17 of 53 Grant County Sheriffs Office, E24-122 dispute resolution board and its attorney fees and costs and share equally the cost of the third board member. A.13 LEGAL RELATIONS It is understood and agreed that this Agreement is solely for the benefit of the parties to the Agreement and gives no right to any other party. No joint venture or partnership is formed as a result of this Agreement. To the extent allowed by law, the Subrecipient, its successors or assigns, will protect, save and hold harmless the Department., the state of Washington, -and the United States Government and their lo.ye-e.-s,--from-all--cla-ims---actions---Gosts--7,d-am-a-g-es-or-expens-es-of-any-nature----------- whatsoever by reason of the acts or omissions * of the Subrecipient, its Subcontractors, subrecipients assigns, agents, contractors, consultants, licensees, invitees, employees -or any person whomsoever m 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 litigation; including payment of any costs or attorneys' fees for any claims or action commenced thereon arising Out of or in connection with acts or activities authorized by this Agreement. This obligation shall not include such claims, costs, damages or expenses which may be caused by the sole negligence of the Department; provided P that if the claims or damages are caused by or result from the concurrent negligence of (1) the Department, and (2) the Subrecipient, its agents, or employees, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the Subrecipient, or the Subrecipient's agents or employees. Insofar as the funding source, FEMA, i4 is an agency of the Federal government, the follo*w'ing shall apply.- 44 CFR 206.9 . Non-liabilit The Federal government shall not, be liable for any claim based upon the exercise or performance of, or the failure to exercise se 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 t - he Stafford Act. A.14 LIMITATION OF AUTHORITY — AUTHORIZED- SIGNATURE The signatories to this Agreement represent that they have the authority to bind their respective organizations to, this Agreement. Only the Department's Authorized Signature representative and the Authorized Signature representative of the Subrecipient or Alternate for the Subrecipient, formally ave e express, imp or apparent authority to alter, designated in writing, shall. h the lied.., ,amend, modify, or waive any clause or condition of this Agreement. Any alteration, amendment, modification, or waiver of any clause or condition of this Agreement is not effecti'. ve or binding unless made 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 Subrecipien-t shall have signature authority to sign reimbursement requests,tens' ime ex ion requests? uests amendment and modification requests, requests for changes to projects or I work plans, and other requests, certifications and documents authorized by or required under this Agreement. A.15 LOSS OR REDUCTION OF FUNDING In 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 Subreci'pient an opportunity to cure. Alternatively, the parties may renegotiate the terms of this Agreement under "Amendments and Modifications"' to comply with new funding limitations and conditions, although the Department has no obligation to do so. A.16 NONASSIGNABILITY Neither this Agreement, nor any claim arising under this Agreement,, shall be transferred or assigned by the Subrecipient. A.17 NONDISCRIMINATION During the performance of this agreement, the Subrecipient shall comply with all federal and state nondiscrimination statutes and regulations. These requirements include, but are not limited to: DHS-FEMA-HSGP-SHSP-FY23 Page 18 of 53 Grant County Sheriffs Office, E - 24-122 :a. Nondiscrimination in Employment: The Subreciptent shal.1 not discriminate against any employee or applicant for employment because of race color, sex sexual orientation, i in I sex, , religion, national origi creed, marital status, age, Vietnam era or disabled veteran status, or the presence of any sensory, 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. bM The Subrecipient sha 11 take action to ensure that employees are employed and treated during employment without discrimination because of their race,t color sex, sexual orientation religion national origin, creed, marital status, age, Vietnam, e—ra or disabled veteran status, or the presence of any sensory, mental, or physical handicap. Such action- sh. 11 include limited to the a but not be m following: Employment, upgrading, demotion, or transfer, recruitment or recruitment I 9 itment selection for training, including apprenticeships and volunteers. A-18 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. A. 19 OCCUPATIONAL SAFETY/HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/HEALTH ACT OSHANVISHA) . The Subreciplent represents and warrants that its workplace does now or will meet all applicable federal and state safety and health regulations that are in. effect during theSubreci 'ie erformance uner d this p h p . Agreement. To the extent allowed by law, the Subrecip'ient further agrees to indemnify and hold harmless the Department and its employees -and agents from all liability, damages and costs of any nature including, but not limited to costs of suits and attorneys' fees assessed against the Department, as a result of the failure of the Subrecipient to so comply. A.20 OWNERSHIP OF PROJECT/CAPITAL FACILITIES The Department makes no claim to any capital facilities or real property im r proved or constructed with funds under this Agreement,, and by this subaward of funds does not and will not acquire. any ownership interest or title to such property of the Subrecipient. The Subrecipient shall. assume all liabilities and responsibilities arising from the ownership and operation of the project and agrees to defend, indemnify, and hold the Department, the, state of Washington, a.nd the United States government harmless from any and all causes of action arising from the ownership and operation of the project. A,21 POLITICAL ACTIVITY No portion of the funds provided hereinshall be used for any partisa political 'activity onto further the partisan election or defeat of any candidate for public office or influence the approval, or defeat of any ballot issue A.22 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION The assistance provided under this Agreement shall not be used in payment of any bonus or commission for the purpose of obtaining approval of the application for such assistance or any other approval or concurrence under this Agreement provided, however, that reasonable fees or bona fide technical consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as project costs. A.23 PUBLICITY The Subrecipient agrees to submit to the Department prior to issuance all advertising and publicity matters relating to this Agreement wherein the Department's name is mentioned, or langu: age used from which the connection of the Department's name may, in the Department's judgment, be inferred or implied. The Subrecipient agrees not to publish or use such advertisingand publicity matters without the prior written consent of the Department. The Subrecipient may copyright original work it develops in the course of or under this Agreem.ento however, pursuant to 2 I Agreement, CFR Part 200,315, FEMA reserves a royalty - free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use,. and to authorize others to use the, work for government purposes. Publication resulting from work performed under this Agreement shall include an acknowledgement of FEMA's financial support, by the Assistance Listings Number (formerly CFDA Number), and a statement that the publication does not constitute an endorsement by FEMA or reflect FEMA's views, DHS-FEMA-HSGP-SHSP-FY23 Page 19 of 53 Grant County Sheriffs Office, E24-122 A,24 RECAPTURE PROVISION In the event the Subrecipient fails to expend funds under this Agreement in accordance with applicable federal, state, and local laws, regulations, and/or the provisions of the Agreement, the Department reserves the right to recapture funds in an amount equivalent to the extent of noncompliance. Such right of recapture shall exist for the life of the project following Agreement termination. Repayment by the Subrecipient of funds under this recapture provision shall occur within 30 days of demand. In the event the Department is required to institute legal proceedings to enforce the recapture provision, the Department. shall be entitled to its costs and expenses thereof, including attorney fees from the Subrecipient. A.25 RECORDS a. The Subreicipient agrees to maintain all books, records, documents, receipts, invoices and all other electronic or written records necessary to sufficiently and properly reflect the Subrecipient.'s contracts, subawards,, grant administration, and payments,, including all direct and indirect charges, and expenditures in the performance of this Agreement (the "records").. b. The Subrecipient's records related to this Agreement and the 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 United States or its designees, or by other state or federal officials authorized by law, for the purposes of determining ing compliance by the Subrecipient with the terms of this Agreement and to determine the appropriate level of funding to be paid under the Agreement. C., The records shall be made available by the Subrecipient for such inspection and audit, together with suitable space for such purpose at. any and all times during the Sub, i i nt's normal working day. .1 - recipien d. The Subrecipient shall retain and allow access to all records related to this Agreement and the funded project(s) for a period of at least six (6) years following final payment and closure of the grant under this Agreement. Despite the minimum federal retention requirement of three (3) years the more stringent State requirement of six (6) years must be followed. A.26 RESPONSIBILITY FOR PROJECTISTATEMENT OF WORKMORK PLAN While the Department undertakes to assist the SubrecipJ t with the' project/statement of �work/work plan ien (project) by providing federal award funds pursuant 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, implementation,, operation and maintenance of the project, as these phrases are applicable to this project, is that of the Subrecipient as is ' for any claim or suit of any nature by any third party related in any way to the project, r Prior to the start of any construction activity, the Subreciptent shall ensure that all applicable federal state, and local permits and clearances. are obtained, including, but not limited to, FEMA compliance with the National Environmental Policy Act, the National Historic Preservation Act, the Endangered Species Act, and all other environmental laws, regulations, and executive orders. The Subrecipient shall defend, at its own cost, any and all claims or suits at law or in equity, which may ,be brought against the Subrecipient in connection with the project. The Subrecipient shall not look to the Department, or to any state or federal agency, or to any of their employees or agents, for any performance, assistance, or any payment or indemnity, including, but not limited to, cost of defense and/or attorneys' fees, in connection with any claim lawsuit brought by any third party related to any aim or 9 design., development, construction, implementation, operation and/or maintenance of a project. A.27 SEVERABILITY If any court of rightful jurisdiction holds any provision or condition under this Agreement or its application to.any person or circumstances invalid, this invalidity does not affect other provisions, terms or conditions of the Agreement, which can be given effect without the invalid provision. To this end, the terms and conditions of this Agreement are declared severable. A,28 SINGLE AUDIT ACT REQUIREMENTS Oncludinq all AMENDIVI The Subrecipient shall comply with and include the following audit requirements in any subawards. DHS-FEMA-HSGP-SHSP-FY23 Page 20 of 53 Grant County Sheriffs Office, E24-122 Non' -federal entities, as Subrecipients of a federal award, that expend $750 000 or more in one fiscal year of federal funds from. all sources, direct and -indirect, are required to have a single or a program - specific audit conducted in accordance with 2 CFR Part 200 Subpart F. Non-federal entities that spend less than $750,000 a year in federal awards are exempt from federal audit requirements for that year, except as noted in 2 CFR Part 200 Subpart F. As defined in 2 CFR Part 200, the term "non-federal entity" means a state, local government, Indian tribe, institution of higher education, or nonprofit organization that. carries out a federal award as a recipient or subreciplent. SubreciPients that are required to have an audit.must ensure the audit is performed in accordance with .___._G_e,n_e.raj,I,y_ A-c-cepte-d--G-omer n- me_Au,d[ti.n.g_._Stan _d.ar_d.s__(_G_A_ -GA.S)—a,s-J-o-u.n-d-.in--,th.e.-.-G-o-v-e-r-n- -.art- &-usditin Standards (the Revised Yellow Book) developed by the United States Comptroller General and the*OMB Compliance Supplement. The Subrecipient has the responsibility of notifying its auditor and requesting an audit in compliance with 2 CFR Part 200 Subpart F, to include the Washington State Auditor's Office a federal auditor, or a.public accountant performing work using GAGAS, as appropria- te. Costs of the audit may be an allowable grant expenditure as authorized by 2 CFR Part 200.425. The Subrecipient shall maintain auditable records and accounts so as to facilitate the audit requirement and shall ensure that any subcontractors also maintain auditable records. The Subrecipient is responsible for any audit exceptions incurred by its own organization or that of its subcontractors. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report. The Subrecipient must respond to Department requests for 'information or corrective action concerning audit issues or findings within 30 days of the date of request. The Department reserves the right to recover from the Subrecipient all disallowed costs resulting from the audit. After, the single audit has been, completed, and if it includes any audit findings, the Subrecipient must send a full copy of the audit and its Corrective Action Plan to the Department at the following -address no later than nine (9) months after the end of the Subrecipient's fiscal year(s): Contracts Office Washington Military Department Finance Division, Building #1 TA -20 Camp Murray, WA 98430-5032 'OR Contracts. Office gm i Lwa The Department retains the sole discretion to determine whether a valid claim for an exemption from the audit requirement s of this provision has been established. .Conducting a s-ingle or program -specific audit in compliance with 2 CFR Part 200 Subpart F is a material requirement of this Agreement. I ement. In the absence of a valid claim of f 2 exemption. from th,' audit requirements o e oCFR Part 200 Subpart F,' the Subrecipient's failure to comply with said audit it requirements may result in one or more of the following actions in the Department's sole discretion: a percentage of federal awards being withheld until the audit is completed in accordance with 2 CFR Part 200 Subpart F; the withholding or disallowing of overhead costs; the suspension of federal awards until the audit is conducted and submitted; or termination of the federal award. A.29 SUBRECIPIENT NOT EMPLOYEE The Subrecipient, and/or employees or agents performing under this Agreement, are not employees or agents of the Department in any manner whatsoever. The Subrecipient will not . be presented as nor claim to be an officer or employee of the Department or of the State of Washington by reason hereof, nor will the Subrecipient make any claim, demand, or application to or for any right, privilege or benefit applicable to an officer or employee of the Department or of the State of Washington, including, but not limited. to., Workers' Compensation coverage, unemployment insurance benefits, social security benefits, retirement membership or credit, or privilege or benefit which would accrue to a civil service employee under Chapter 41.06 RCW; OFM Reg. 4.3.1.1.8. It is understood that if the Subrecipient is another state department, state agency, state university, state college, state community college, state board, or state commission, that the officers and employees are employed by the State of Washington in their own right. DHS-FEMA-HSGP-SHSP-FY23 Page 21 of 53 Grant County Sheriff's Office, E24-122 If the Subrecipient is .an individual currently employed by a Washington State agency, the Department ,sha.1.1 obtain proper approval from the employing agency or institution before entering into this contract. A statement of "no conflict of interest" shall be submitted to the Department. A.30 TAXES, FEES AND LICENSES Unless otherwise provided in this Agreement, the Subrecipient shall be responsible for, pay and maintain in current. status all taxes,, unemployment contributions, fees, licenses, assessments, permit charges and expenses of any other kind for the Subrecipient or its staff required by statute or regulation that are applicable to Agreement performance. Notwithstanding any provisions ons of this Agreement, the Subrecipient may terminate this Agreement by ­ providing written notice of such termination to the Department Key Personnel identified in the Agreement, .specifying 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 to the Subrecipient. Upon notice of termination for convenience, the Department reserves the right to suspend all or part of the Agreement, 'withhold further payments, or prohibit the Subrecipient from incurring additional obligations .of funds. In the event of termination, 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. A,32 TERMINATION OR SUSPENSION FOR LOSS OF FUNDING The Department* may unilaterally terminate or suspend all Or part of this Grant Agreement, or may reduce its scope of work and budget, if there is a reduction tion in funds by the source of those funds, and if such funds are the basis for this Grant Agreement. The Department Will email the Subrecipient ten (10) business days prior to termination, A.33 TERMINATION OR SUSPENSION FOR CAUSE In the event the Department, in its sole discretion, determines the Subrecipient has failed to fulfil I I in a timely and proper manner its obligations under this Agreement, is in an unsound financial condition so as to endanger 'performance hereunder, is in violation of any laws or regulations that render the Subrecipient unable to perform any aspect of the Agreement, or has violated any of the covenants agreements or stip0lations of this Agreement, the Department has the right to immediately suspend or terminate this Agreement in whole or in part. The Department may notify the Subrecipient in writing of the need to take corrective action and provide a period of time in which to cure. The Department. is not required to allow the Subrecip i ient an opportunity to cure if it is not feasible as determined solely within theDepartment's d'1screti discretion. Any time allowed for Cure shall not diminish or eliminate the Subrecipient's liability for damages or otherwise affect any other remedies available to the Department. If the Department allows the Subrecipient an opportunity to cure, the. Department shall notify the Subrecipient in writing of the need to take corrective action. If the corrective action is not taken within ten i1 0) calendar days or as otherwise 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 corrective action by the Subrecipient, if allowed, or pending a I., decision by the Department to terminate the Agreement in whole or in part. In 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 -related to the replacement Agreement, e.g., cost of administering the competitive solicitation process, mailing, advertising and other associated staff time. 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. DHS-FEMA-HSGP-SHSP-FY23 Page 22 of 53 Grant County Sheriffs Office, E24-122 If it is determined that the Subrecipient: (1) was not in default or material breach, or (2) failure to perform was outside of the Subrecipient's control, fault or negligence, the termination shall be deemed to be a termination for convenience. A.34 TERMINATION PROCEDURES In addition to the procedures set forth below, if the Department terminates this Agreement, the Subrecipient shall' follow any procedures specified in the termination notice. Upon termination of this Agreement and in addition to any other rights provided in this Agreement, the Department may require the Subrecipient to deliver to. the Department any property specifically produced or acquired for the pe r-fo rm an ce-of-s U Gh-p a r-t--of-th is -Ag re e m ent-as--has-been--terminated: ___.__ �_v _.._.____..,_M,�_.._________.. _�__-.-__._..__�.. If the termination is for convenience, the Department shall 'pay to the Subrecipient as an agreed upon price, if separately stated, for properly authorized and completed work and services rendered orgoods delivered to and accepted by the Department prior to the effective date of Agreement termination, the amount agreed upon by the Subrecipient and the Department for (i) completed work and services and/or equipment or supplies provided for which no separate price . is stated, (ii) partially completed work and services and/or equipment. or supplies provided which are accepted by the Department, (iii) other work, services and/or equipment or supplies which are accepted by the Department, and (iv) the protection and preservation of property. Failure to agree with such amounts shall be a dispute within the meaning of the "Disputes" clause of this Agreement. If the termination is for cause, the Department shall determine the extent of the liability of the Department.. The Department shall have no other obligation to the Subrecipient for termination. The De.partment 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. The rights, and remedies of the Department. provided in. this Agreement shall not be exclusive and are in addition to any other rights and remedies provided by law. After receipt of a notice of termination, and except as otherwise directed by the Department in Writing, the Subrecipient shall'. a. Stop work under the Agreement on the date, and to the extent specified, in the notice; b. Place no further orders or contracts for materials, services, supplies, equipment and/or facilities in relation to this Agreement except as may be necessary for completion of such portion of the work under the Agreement as is not terminated; c. Assign to the Department, in the manner, at the times, and to the extent directed by the Department, all of the rights, title, and interest of the Subrecipient under the orders and contracts so terminated, in which case the Department has the right,discretion, . 'to settle or pay any 9 at its 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 terminatio* n of orders and contracts, With the approval or ratification of the Department to the extent the Department -may require, which. approval or ratification shall be final for all the purposes of this clause; e. Transfer title to the Department and deliver in the manner., at the times, and to the extent directed by the Department any property which, if the Agreement had been completed, would have been required to be furnished to the Department; f. Complete performance of such part of the work as shall not have been terminated by the Department in compliance with all contractual requirements, and 9. Take such action as -may be necessary, or as the Department may require, for the protection and preservation of the property related to this Agreement which is in the possession of the Subrecipient and in which the Department has or may acquire an interest. A.35 MINORITY AND WOMEN -OWNED BUSINESS ENTERPRISES In accordance with the legislative findings and policies set forth in Chapter 39.19 RCW, the State of Washington 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 program to apply and compete for work under this contract, DHS-FEMA-HSGP-SHSP-FY23 Page 23 of 53 Grant County Sheriffs Office, E24-122 Voluntary numerical MWB,E participation goals have been established and are indicated herein: Minority Business Enterprises: (MBE's): 10% and Woman's Business Enterprises (WBE's): 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. Venue of any Suit between the parties arising out of this Agreement shall be the Supedor Court of Thurston County, Washington. The Subrecipient, by execution of this Agreement, acknowledges the jurisdiction of the courts of the state of Washington. A,37 WAIVERS o conditions or provisions of"this '-Kd-F66-ffb-6t-c-an—b-(e---'WdiVb'd---'O-nTe-ss-appro--v-t-e-d*"-i-n-'-advance "--W-the "."-----.'-'--.---,- Department `in writing. The Department's failureto insist upon strict performance of any provision of the Agreement or to exercise any right based upon a breach thereof, or the acceptance of any performance d.uring such breach, shall.n.ot constitute a waiver of any right under this Agreement. DHS-FEMA-HSGP-SHSP-FY23 Page 24 of 53 Grant County Sheriffs Office, E24-122 Attachment C 23HSGP Award Letter E11 W -2023 -SS -00063 -ardLe.tfer U.S. Department of Homeland Security Bret Daugherty Washington Mil ita rym De-bart ent Building 20 Camp Murray, WA 98430 - 5122 Re: Grant No. EMW-2023-SS-00063 Dear Bret Daugherty: Congratulations, on behalf of the Department of Homeland Security, your application for financial assistance submitted under the Fiscal Year (FY) 2023 Homeland Security Grant Program has bee- n approved in the amount of.$14,01 0,447.00, You are not ot required to match this award with any amount of non -Federal funds. Before you request and receive, any of the Federal funds awarded to you, you must establish acceptance of the award. By accepting this award acknowled that the terms of the fallowing term' you 0 ge i g documents are incorporated into S of your award, Agreement Articles (attached to this Award Letter) Obligating Document.(attaohed to thisAward Letter) FY 2023 Homeland Security Grant Program Notice of Funding Opportunity, 0 FEMA Preparedness Grants Manual Please make sure you read, understand, and maintain a copy of these documents in your official file for this award. In order to establish acceptance of the award and its terms, please follow these instructions, Step 1: Please log in to the ND Grants system at https*.I/portal.fema,gov. Step 2: After logging in, you will see the Home page with a Pending Tasks menu. Click on the Pending Tasks menu, select the Application sub -menu,, and then click the link for "Award Offer Review" tasks. This is link will navigate you to Award Packages that a:re pending review. Step 3.- Click the Review Award Package icon (wrench) to review the Award Package and accept or decline the. award. Please save or print the Award Package for your records. System for Award Management (SAM): Grant, recipients are to keep all of their information up to date in SAM, in particular, your organizationis name, address, Unique Entity Identifier (UEI) number, EIN and banking information. Please ensure that the UE1. number used in SAM is the same one used to apply for alI FEMA awards. Future payments will be contingent on the information provided in the SAM; therefore, it is imperative that the information is correct. The System for Award Management is located at http:/Avww. sam, gov, If you have any questions or have updated your information in SAM, please let your Grants Management Specialist (GMS) know as soon as possible. This will help us to make the necessary updates and avoid any interruptions rruptions, in the payment process, PAMELA SUSAN WILLIAMS DHS-FEMA-HSGP-SHSP-FY23 Page 25 of 53 Grant County Sheriffs Office, E24-122 Agreement Articles Fri Sep 01 00:00'00 UTC 2023: --- US. Department of Homeland Security Washington, D.C. 20472 At TICLIES qREEMENTA Homeland Security0rant Program GRANTEE: Washington Military Department PROGRAM: Homeland Security Grant Program AGREEMENT NUMBER: EMW-2023-SS-00063-SOI Article I Article .1.1 Article Ill Artible IV Article. V Article VI Article V.11 Article VIII Article IX Article X Article XI Article XII Article XIII 'Article XIV Article XV Article XVI TABLE OF CONTENTS Summary Description of Award HSGP Performance Goal DHS Standard Terms and Conditions Generally erally Assurances, Adm*inistrative Requirements, Cost Principles, Representations and Certifications General Acknowledgements and Assurances Acknowledgement of Federal Funding from DHS Activities Conducted Abroad Age Discrimination Act of 1975 Americans with Disabilities Act of 1990 Best Practices for Collection and Use of Personally Identifiable Information Civil Rights Act of 1964 - Title VI Civil Rights Act of 1968 Copyright Debar mentand Suspension Drug -Free Workplace Regulations Duplication of Benefits DHS-FEMA-HSGP-SHSP-FY23 Page 26 of 53 Grant County Sheriffs Office, E24-122 Article XVII Article XVIII Article XIX Article. XX Article XXI Article XXII Article XXIII Article ?XIV' Article XXV Article XXVI Article XXVI I Article XXVI I I Article MX Article XXX Article XXXI Article XXXI I Article =111 Article XXXIV Article XXXV Article XXXVI Article XXXVII Education Amendments of 1972 (Equal Opportunity in Education Act) - Title IX E.O. 14074 - Advancing Effective, Accountable Policing .and Criminal Justice Practices to Enhance Public Trust.and Public Safety Energy Policyand Conservation Act .False Claims. Act and Program Fraud CII Remedies Federal Debt Status Federal Leadership on Reducing Text Messaging while Driving Fly America Act of 1974 .Hotel and Motel Fire Safety Act of 1990 John S. McCain National Defense Authorization Act of Fiscal Year 2019 Limited English Proficiency (Civil Rights Act of 1964 - Title VI) Lobbying Prohibitions National Environmental Policy Act Nondiscrimination in Matters. Pertaining to Faith -Based Organlzations Non -Supplanting Requirement Notice of Funding Opportunity Requirements Patents and Intellectual Property Rights Procurement of Recovered Materials Rehabilitation Act of 1973 Reporting. of Matters Related to Recipient Integrity and Performance Reporting Subawards, and Executive Compensation Required Use of American Iron, Steel, Manufactured Products, and Construction Materials DHS-FEMA-HSGP-SHSP-FY23 Page 27 of 53 Grant County Sheriffs Office, E24-122 Article XXXVIII SAFECOM Article XXXIX Terrorist Financing Article XL Trafficking Victims Protection Act of 2000 (TVPA) .Article XLI Universal Identifier and System of Award Management .Article XLII USA PATRIOT Act of 2001 Article DLIII Use of DHS Seal, Logo and Flags Article XLIV Whistleblower Protection Act Article XLV Environmental Planning and Historic Preservation (EHP) Review Article XLVI Applicability of DHS Standard Terms and Conditions to Tribes Article XLVIIe h Acc pta ce of Post Award Changes Article XLVI I I Disposition of Equipment .Acquired Under the Federal Award Article XLIX Prior Approval for Modification of Approved Budget Article L Indirect Cost Rate Article 1_1 Operation Stonegarden Program Hold Article Ll I OPSG Pr I ogram Performance Goal Article 1_111.1 Funding Hold: SHS'P National Priorities Article LIV Funding Hold- UASI National Priorities Article I - Summary Description of Avmrd The purpose of the FY 2023 HSGP is to support state and local efforts to prevent terrorism and other catastrophic events and to prepare the Nation for the threats and hazards that pose the greatest risk to the security of the United States. The HSGP provides funding to implement investments that build, sustain, and deliver the 32 core capabilities essential to achieving the National Preparedness Goal of a secure and resilient Nation. Among the five basic homeland security ty missi,ons noted in the QHS Quadrennial Homeland Security Review, HSGP supports the goal to Strengthen National Preparedness and R silience. e The building, sustainment, and delivery of these core capabilities bilities are not exclusive to any single levelof government, organization, or community, but rather, require the combined effort of the whole community. This HSGP award consists of State Homeland Security Program (SHSP) funding in the amount of $6,190,947, Urban Area Security Initiative (UASI) funding in the amount of $6,250,000 (Seattle Urban Area), and Operation Stonegarden (OPSG) funding in the amount of $1,569,500. The following counties shall receive OPSG subawards for the following amounts: Adams, $95,000; Clallam, $150,000; Ferry, $84,500; Island, $100,000; Lower Elwha Tribe, $75,000; Makah Tribe, $75,0.00; Nooksack, $99,000; Okanogan,, $100,000; Pend Oreille, $150,000; Quileute.Tribe, $50,000; San Juan, $100,000; Spokane, $121,000; Stevens, $150,000; Swinomish Tribe, $45,000; Whatcom, $175,000. These grant programs fund a range DHS-FEMA-HSGP-SHSP-FY23 Page 28 of 53 Grant County Sheriffs Office, E24-122 of activities, including planning, organization, equipment purchase, training., exercises. and management and administration across all core capabilities and mission areas. Article 11 - HSGP Performance Goal In addition to the Biannual Strategy Implementation Report (BSIR) submission requirements rements outlined in the Preparedness Grants Manual, recipients must demonstrate how the grant -funded project addressed the core capability gap associated with this proiect and identified in the Threat and Hazard Identification and Risk An�ly is RA) or Stakeholder Preparedness Review (SPR) or sustains existing capa6ililfi6s as applicable. The capability gap reduction Must be addressed. in the Pr e_0_t­* oj Description of the BSIR for each project.. Article III - DHS Standard Terms and Condi Itions, Generally The Fiscal Year (FY) 2023DHS Standard Terms and Conditions apply to' all new federal financial assawards funded in FY 2023, These terms and conditions flow down to subre cipients unless an award term or condition specifically indicates otherwise. The United States has the right to seek judicial enforcement of these obligations. All legislation and digital resources are referenced with no digital links. The FY 2023 DHS Standard Terms and, Conditions will be housed.on dhs.gov at www,.dhs.gov/publ'Ication/f/1 5-dhs- standard -terms -and -conditions. Article IV - Assurances, Administrative Requirements, Cost Principles, Representations and Certifications I. DHS financial assistance recipients must complete either the Office of Management and Budget (OMB) Standard Form 424E Assurances Non -Construction Programs, or OM B Standard Form 424D Assurances Construction Programs . as applicable. Certain assurances in these documents may not, be applicable to your program, and the DHSance financial assist' office (DHS FAO) may require applicants to certify additional assurances. Applicants are required to fil instructed by the awarding agency. I out the assurances as U., DHS financial assistance recipients are required to follow the applicable provisions of the Uniform Administrative Requirements, Cast st Principles, and Audit Requirements for Federal Awards located at Title 2, Code of Federal Regulations (C.F.R.) Part 200 and adopted by DHS at 2 C.F.R. Part 3002, III. By accepting this agreement, recipients, and their executives, as defined in 2 C.F.R. section 170.315, certify that their policies are in accordance With OMBs guidance located at 2 C.F.R. Part 2.00, all applicable federal laws, and relevant Executive. guidance. Article V - General AcknoWedgements and Assurances All red pie nts., subaccounts, recipients, successors transferees, and assignees must acknowledge and.agree to com ly with applicable provisions governing DHS access to records documents information, facilities, and staff, p 1. Recipients must cooperate with any DHS compliance reviews or compliance investigations conducted by DHS. 11. Recipients must give DHS access to examine and copy records, accounts, and other documents and sources of information related to the federal financial assistance award and permit access to facilitie's or personnel. 111. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. IV. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law, or detailed in program guidance. V. Recipients (as defined. in 2 C.F.R. Part 200 and including recipients acting as pass-through.eh.tities) of federal financial assistance from DHS or one of its awarding component a must complete the DHS Civil Rights Evaluation Tool ,gencies within thirty (30) days of receipt of the Notice of Award for the first award under which this term applies. Reciplents of P multi le awards of DHS financial assistance shouldonly'submit one completed tool for their organization, no t per award. After the initial submission, recipients are required to complete the tool once every two (2) years if they have an active award, not every time an award is made. Recipients should submit the completed tool, including supporting materials, to CivilRightsEvaluation@hqdhs.gov. This tool clarifies the civil rights obligations and related, reporting rting requirements contained in the DHS Standard Terms and Conditions. Subreciplents are -not required to complete and submit this tool to DHS. The evaluation tool can be found at https.,//Wyvw.dhs.gov/pubiication/dhs-civ.1I-rights-evaIuation-tool. DHS Civil Rights Evaluation Tool I Homeland Security DHS-FEMA-HSGP-SHSP-FY23 Page 29 of 53 Grant County Sheriffs Office, E24-122 The DHS Office for Civil Rights and Civil Liberties will consider, in its discretion, granting an extension if the recipient identifies steps and a timeline for completing the tool. Recipients should request extensions by emailling the request to CivilRightsEvaluation@hq.dhs.gov prior to expiration of the 30 -day deadline. Article V1 - Acknowledgement of Federal Funding from DHS Recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposal, bid invitations, and other documents describing projects prp funded in whole or in art with federal funds. __ Article VII - Activities Conducted Abroad Recipients must ensure that project activities performed outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obta ined. Article Vill - Age Discrimination Act Of 1975 Recipients -must comply with the requirements of the Age Discrimination Act of 1975, Public Law 94-135 (1975) (codified as amended at Title 42, U.S.. Code, section 6101 et seq.), which prohibits discrimination on the basis of age in any, program or activity receiving federal financial assistance. Article IX - Americans with Disabilities Act of 1990 ,Recipients must comply with the requirements of Titles I 11, and I I I of the Americans With Disabilities Act Pub. L. 101-306 (1990) (codified as amended at 42 U.S.C. sections 12101-12213) which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of p blic accommodation, and u certain testing entities, Article X - Best Practices for Collection and Use of Personally Identifiable Information Recipients who collect personally identifiable information (Pit) are required to have a publicly available privacy policy that describes standards on the usage and maintenance of the Pl I they collect. DHS defines PI I as any Information that permits the 'Identity of an individual to be directly or indirectly inferred including any information that is linked or linkable to that individual. Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy Template as useful resources respectively. Article X1 - Civil Rights Act of 1964 - Title VI Recipients must comply with the reqUirements of Title VI of the Civil Rights Act of 1964 �codified as amended at 42 U.S.C. section 2000d et seq.), which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from, participation in, be, denied the benefits of, or be subjected to discriminatio'n under any program or - activity receiving federal financial assistance. DHS implementing regulations for the Act are found at 6 C.F.R. Part 21 and 44 C.F.R. Part 7, Article X411- Civil. Rights Act of 1968 Recipients must comply with Title VI I I of the Civil Rights Act of 1968, Pub. L. 90-284, as amended through Pub. L. 113-41 which prohibits recipients from. discriminating in the sale, rental, financing, and advertising of dwellings, . or in the provision of services in connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex (see 42 U.S.C. section 3601 et seq.), as, implemented by the U.S. Department of Housing and Urban Development. at 24 C.P.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units -Le., the public and common use areas and individual apartment units (all units in buildings with elevators and ground -floor units in buildings without elevators) -be designed and constructed with certain accessible features.. (See 1 24 C.F.R. Part 100, Subpart D. Article X111. Copyright Recipients must affix the applicable copyright notices of 17 U.S.C. sections 401 or 402 and an acknoviledgement o . f U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistance awards, Article XIV - Debarment and Suspension Recipients are subject to the non -procurement debarment and suspension regulations implementing Executive Orders (E,O,) 12549 and 12689, which are at 9 C.F.R. Part 180 as adopted by DHS at 2 C.F.R. Part 3002. These regulations restrict DHS-FEMA-HSGP-SHSP-FY23 Page 30 of 53 Grant County Sheriffs Office, E24-122 federal financial assistance awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities, Article XV - Drug -Free Workplace Regulations Recipients must comply with drug-free. Workplace requirements in Subpart B (or Subpart C, if the recipient is an individual) of 2 C.F,R.., Part 3001, which adopts the Gove.rnment-wide implementation58 of the Drug -Free (2 Q.F.R. Part 182) of Sec. X152 -b1 - Workplace Act of! qqB6). (41 U. S...Q sections 8191-8106. Article XVII - Duplication of Benefits Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies; to avoid restrictions imposed by federal statutes*, regulations, or federal financial assistance award terms. and. conditions, or for other reasons. However, these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing federal statutes regulations, or the federal financial assistance award terms and conditions may not be charged to other federal financial assistance awards to overcome fund deficiencies; to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms i and conditio ns; or for other reasons. Article XVII - Education Amendments of 1972 (Equal Opportunity in Education Act) - Title IX Recipients must comply with the. requirements of.Title A of the Education. Amendments of 1972, Pub.. L. 92-318 (19 2) (codified as amended at 2.0 U.S.C. section 1681 etseq.), which provide that no person in the United States will, on the basis of sex be excluded from participation in, be denied the benefits of or be Subjected to discriminatio n under any educational program or activity receiving federal financial assistance. DHS implementing regulations ified at 6 C.F. R., Part 17 and are cod 44 C. F,R,. Part 19. Article XV111 - E.O. 14074 - Advancing Effective, Accountable Policing and Cri* mlinal Justice Practices to Enhance Public Trust and Public Safety Recipient State, Tribal, local, or territorial law enforcement agencies must comply with the requirements of section 12(c) of E.O. 14,074. Recipient State, Tribal, local, or territorial law enforcement agencies are also encouraged to adopt and enforce policies consistent with E.O. 14074 to support safe and effective policing. .Article XIIX - Energy Policy and Conservation Act Recipients must comply with the requi,remehts of the Energy Policy and Conservation Act,. Pub. L 94-163 (1 975j _(codified as amended at 42 U.S.C. section 6201 et Sreq,) I which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act. Article XX - False Claims Act and Prbgramfraud Civil Remedies Recipients must comply with the requirements of the False Claims Act, 31 U.S.C. sections 37 . 29- 3733, which prohibit the submission of false or fraudulen.t.claims for payment to the Federal Government. (See 31 U.S.C. sections 3801-3812, which details the administrative remedies for false claimsand statements made.) Article XXI - Federal Debt Status All recipients are required to be non -delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. (See OMB Circular A-129.) Article XXIII - Federal -Leadership on Reducing Text Messaging while Driving Recipients are encouraged to adopt and. enforce policies that ban text messaging while driving as described in E.O. 13513) including conductinginitiatives. described in Section -3(a) of the Order when on official government business or when performing any work for or on behalf of the Federal Government. Article ;X III - Fly America Act of 1974 Recipients must comply with Preference for U.S, Flag Air Carriers (air carriers holding certificates under 49 US.C.) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 19741 49 U.S.C. section 40118, and the interpretative DHS-FEMA-HSGP-SHSP-FY23 Page 31 of 53 Grant Coun.ty Sheriffs Office, E24-122 guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-1 38942. Article XXIV - Hotel and Motel Fire Safety Act of 1990 Recipients must ensure that all conference, meeting: convention, or training space funded in whole or in part with federal funds complIes with the fire preventioh and control guidelines of Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. section 2225a. Article XXV - John S. McCain National Defense Authorization Act of Fiscal Year 2019 Recipients, 8ubrecipients, and their contractors and subcontractors are subject to the-proh I ibitions d I escribed in section 889 of the John S. McCain National Defense Authorization Act for Fiscal.Year 2019, Pub.. -232 (2018) and 2 C.F L. No. 115 R, sections 200.216. 200.327,200.471 and Appendix 11 to 2 C.F.R. Part 200. Be as it .1 -1 .1 ' 1. .. n, ginning August 13, 2020, the statute I applies to DHS recipients, subrecipients, and their contractors, and subcontractors -prohibits obligating ing or expen ding federal award funds on certain telecommunications and video surveillance products and contracting with certain entities for national security reasons. Article XXV1 - Limited English Proficiency (CiVill Rights Act of 1964 - Title VQ Recipients must comply with Title VI of the Civil Rights Act of 1964, (42 O.S.C. section 2000d et seq.) prohibition against discrimination.ob the basis of national origin, which requires that recipients of federal f n iancial assistance take reasonable steps to provide meaningful access to persons with Limited Englishproficiency (LEP) to* their programs and services, For additional assistance and information regarding language accessobligations, please rifer to. the DHS Recipient Guidance: e: https,//Vo/vw. dhs. g ovigui da nce- pub I is h ed'he I p -d epa rtment 'su ppo rted-o rga nizatio ns- p rovi de -mea n'ingf ul -access- peopi e-li mited and additional resources on. http://wNw.lep.gov. Article XXV.11 - Lobbying Prohibitions recipients ,must comply with- 31 U.S.C. section 1352 p* p which provides that hone of the funds Provided under a federal financial assistance award may be expended by the recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action related to a federal award or contract incl.uding.any extension, continuation, renewal, amendment, or modification. Article XXV111 - National Environmental Policy Act Recipients.. must comply with the requirements of the National, Environmental Policy Act of 1969, (NEPA) Pub. L. 91-190 ('1970) 0) (codified. as amended at 42 U.&C. section 4321 et sea.) and the Council on 'Environmental Quality (CECT) Regulations for Implementing the Procedural Provisions of NEPA, which require recipients to use all practicable means within their authority, and consistent with other essential considerations of national policy, to create and maintain conditions under which people and nature cart exist in productive ha'rm.' 'onVandfulfillthesocial economic, and other needs of present and future generations of Americans. Article XXIX - Nondiscrimination in Matters Pertaining to Faith -Based Organizations It is DHS policy to ensure the equal treatment of faith -based organizations in social service programs administered or .supported by DHS or its component agencies, enabling those organizations to participate in providing important social services to beneficiaries. Recipients must comply with the equal treatment policies and requirements contained in 6 C.F.R. Part 19 and other applicable statues, regulations, and guidance governing the participations of faith -based organizations in indiVidual DHS programs, Article XXX 0 Non -Supplanting Requirement Recipients receiving federal financial assistance awards made under programs that prohibitsupplanting by law must ensure s p that federal funds do not replace (supplant) funds that have been budgeted for the same purpose, through non. -federal sources. Article XXXI - Notice of Funding Opportunity Requirements DHS-FEMA-HSGP-SHSP-FY23 Page 32 of 53 Grant County Sheriffs Office, E24-122 All the instructions, guidance, limitations, and other conditions set forth in the Notice of Funding Opportunity (NOFO) for this program are incorporated here by reference in the award terms and conditions. All recipients must comply with any such requirements set forth in the program NOFO. Article XXXII - Patents and Intellectual Property Rights Recipients are subject to the Bayh-Dole Act 35 U.S C, section .20o et seq, unless otherwiseb rovided law. Recipients are P y subject jo _the specific requirements governing the devt p and, disposition of rights to inventions andpatents .resulting from Federal financial assistance awards located at 37 C.F.R. Part 401 aind the standard patent rights clause located at 37 C. F. R. section 401.14. Article XXXIII - Procurement of Recovered Materials States, political subdivisions of states, and their contractors must.comp ply with Section 6002 of the Solid Waste Disposal Act Pub. L 89-272 (1965), (codified as amended by the Res,ource'Conservation and Recovery Act, 42 U, S.C. section 6962.) The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection .Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining g a satisfactory level of competition. Article XXXIV - Rehabilitation Act of 197$ Recipients Must comply with the requirements of Sections 4 of the Rehabilitation Act of 1,973, Pub. L. 93-112 (1973) (codified as amended at 29 U, S.0 I . section 794), which provides that no oth ermse, qualified handicappe i Aped individuals in the United States will, solely by reason of the handicap, be excluded fro r M participation in, be denied the benefits of or be subjected to discrimination under any program or activity receiving federal financial assistance. Article XXXV - Reporting of Matters Related to Recipient Integrity and Performance General Reporting Requirements: If the total value of any currently active grants, cooperative agreements, and procurement contracts from all federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this federal award, then the recipients must comply -with the requirements set forth in the government -wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 2Co, Appendix X11, the full text of which is incorporated here by .reference in the award terms and conditions. Article XXXVI - Reporting Subawards and Executive Co Mpensation Reporting of first tier subawards: Recipients ired to comply with the requirements set forth in the government -elide award ter ' ReportingSubawards , are required m on � and Executive Compensation located at 2 C.F.R. Part 170, Appendix A, the full text of which is incorporated here by reference in. the award terms and conditions. Article XXXVII - Required Use of American Iron, Steel, Mahufactured Products, and Construction Materials n Recipients must comply with the Build America, Buy Ame(l.ca provisions of the Infrastructure Investment and Jobs Act and E,O.. 14005. Recipients of an award of Federal financial assistance from a program for infrastructure are hereby notified that none of the Funds provided under this award may be used for a project for infrastructure unless' (1) all iron and steel used in the project are produced in the United States -this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; (2) all manufactured, products used in the- project are produced in the United States -this means the manufactured product was manufactured in the United States. and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 155 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and (3) all construction materials are manufactured in the Unite'd States -this means that all manufacturing processes for the construction material occurred in the United States, The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, DHS-FEMA-HSGP-SHSP-FY23 Page 33 of 53 Grant County Sheriffs Office, E24-122 brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks,, and portable computer equipment, that are used at or within the finished infrastructure j pr0ect but are not an integral part of the structure or permanently affixed to the infrastructure project. Waivers When .necessary, recipients may apply for, and the agency may grant, a waiver from these requirements. Information on the process for requesting a waiver from these requirements is on the website below. ,(a) When the Federal agency has made a determination that one of the following exceptions applies, the awarding official may waive the application of the domestic,content 'f6 procuremen, preference in any case in which the agency determines that: (1) applying the domestic content procurement preference `would be inconsistent with the public interest, (2) the types of iron, steel, manufactured products, or construction materials are not produced in the United. States in sufficient and reasonably available quantities or of -a satisfactory quality; or (3) the inclusion ofiron, steel, manufactured products, or construction materials produced in the United States wfll increase the cost of the overall project by more than 25 percent, A request to waive the application of the domestic content procurement preference must be in writing. The agency will provide instructions on the format, contents, and supporting materials required for any waiver request. Waiver requests are subject to public comment periods of no less than 15 days and must be reviewed by the Made in America Office. There .may be instanceswhere an award qualifies, in whole or in part, for an existing waiver describedat"13'AM erica" UY America" Preference in FEMA Financial Assistance Programs for Infrastructure I FEMA..-gov. The awarding Component may provide..specific instructions to Re- ci 'ernits,of pi aWards from infrastructure programs that are subject to the Build'.Ame r'ica, Bu Ame Buy r1pa, provisions.. ReciDients. should refer to the Notice of Funding Opportuhity for further information on the Buy America -preference and waiver process. Article XXXVIII - SAFECOM Recipients receiving federal financial assistance awards made under programs that provide emergency communication equipment and its related -activities must comply with the SAFECOM Guidance for Emergency Communication Grants, i - gency including provisions on technical standards that ensure and enhance interoperable communications. Article XXXIX - Terrorist Financing Recipients must comply with E;O. 13224 and U.S. laws that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are le ally g responsible . to ensure compliance with the. Order and laws. Article XL - Trafficking Victims Protection Act of 2000 (TVPA) Trafficking in Persons: Recipients must with the requirements of the government -wide financial assistance award term which implements p p Section 106 (g) of the Trafficking Victims ProtectionAct of 2000 (T1/PA}, codified as amended at 22 U,S,C. section 7104. The award term is located at 2 C.F.R,, section 175.15, the full text of which Is incorporated here by reference. Article XL.I - Universal Identifier and System of Award Management Requirements for System for Award Management: and Unique Entity Identifier Recipients a d to comply with the i re require requirements set forth in the. govern ment-wide financial assistance award term regarding the System for Award Management IS and Universal Identifier Requirements located' at 2 C.F.R. Part 25, Appendix A, the full text of which is incorporated here by reference, Article XLIJ - USA PATRIOT Act of 2001 Recipients must comply with requirements of Section 817 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act), which amends 18 U.S.C, sections 175-175c. Article XLIII - Use of DHS Seal, Logo and Flags DHS-FEMA-HSGP-SHSP-FY23 Page 34 of 53 Grant County Sheriffs Office, E24-.122 Recipients must obtain permission from their DHS FAO prior to using the DHS seal(s), logos, crests or reproductions -of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast.Guard officials. Article XLIV - Whistleblower Protection Act Recipients must comply with the statutoryirements for whistleblower protections (if applicable) at 10 USC section 2409, requ ,. o 0 41 U. C. section 472and 10 U.S.C. section 232-4 1 U. C. sections 4304 and 4310. Article XLV - Environmental Planning and Historic Preservation (EHP) Review DHS/FEMA funded activities that may require an Environmental Planning and Historic Preservation (EHP) review are subject to the FEMA EHP review process. This review does not address all federal, state, and local requirements. Acceptance of federal funding requires the recipient to comply with all federal, state and local laws.. DHS./FEMA is required to consider the potential impacts to natural and cultural resources of all projects funded by DHS/ FEMA grant funds, through its EHP review process, as.mand'ated by: the National Environmental Policy Act- National Historic Preservation Act of 1966, as amended; National Flood Insurance Program regulations, and any other applicable laws and executive orders. General guidance for FEMA's EHP process is available on. the DHS/FEMA Website, Specific applicant guidance on how to submit information for EHP review depends on the individual grant program and applicants should contact their grant Program Officer to be, put into contact with EHP staff responsible for assisting their specific grant program, The EHP review process must be completed before funds are released to .carry out the proposed project; otherwise, DHS/FEMA may not he able to fund the project due to noncompliance with EHP laws, executive orders regulations and policies. If ground disturbing activities occur during construction., applicant will monitor ground disturbance, and if any potential archaeological, resources are discovered the applicant will immediately cease work in. that area and notify the pass-through entity, if applicable, and QHS/FEMA. Article XLV1 - Applicability of DHS Standard Terms and Condifions to Tribes The DHS Standard Terms and Conditions are a. restatement of general requirements imposed upon recipients and flow down to sub -recipients as a matter of law, regulation, or executive order. If the requirement . irement does not apply to Indian tribes or there is a federal law or regulation exempting its a I p plication to Indian tribes theacceptance nthe ' by Tribes of, or acquiescence to, DHS Standard Terms and Conditions does not change or alter its inapplicability to an Indian tribe. The execution of grant documents is not intended to change, alter, amend, or impose additional liability o . r responsibility upon the Tribe where it does not already exist, Article XLV.11 - Acceptanc e* of Post Award Changes In the event.FEMA determines that changes are necessary to the award document after an award has been made, including changes to period of performance or terms and conditions, recipients will be notified of the changes in writing.. Once notification has been made, any subsequent request for funds will indicate recipient aceOtance of the c e han es to the 9 award, Please call the FEMA/GMD Call Center at (866) 927-5646 or via e-mail to: ASK-GMD@fema.dhs.gov if you have any questions, Article XLV111 - Disposition of Equipment Acquired Under the Federal Award For purposes of original or replacement equipment acquired under this award by a non -state recipient or non -state sub - recipients, when that equipment is no longer needed for the original project or program or for other activities currently or previously supported by a,federal awarding agency, you must request instructions from FEMA to make proper disposition of the equipment pursuant to 2 C.F.R. section 200.313. State recipients and state. sub -recipients must follow the disposition requirements in accordance with state laws and procedures. Article XL1X - Prior Approval for Modification of Approved Budget Before making any change to the FEMA approved budget for this award, you must request prior written approval from FEMA where required by 2 C.F.R. section 200.308. For purposes of non -construction projects, FEMA is utilizing its discretion to. impose an additional restriction under 2 C.F.R. .section 200.308(f) regarding the transfer of funds among direct cost categories, programs, functions, or activities. Therefore, for awards with an approved budget where the federal share is greater than the simplified acquisition threshold (currently DHS-FEMA-HSGP-SHSP-FY23 Page 35 of 53 Grant County Sheriffs Office, E24-122 $250,000),. you may not transfer funds among direct cost categories, programs, functions, or activities without prior written approval from FEMA where the cumulative amount of such transfers exceeds or is expected to exceed ten percent (10%) of the total budget FEMA last approved. For purposes of awards that support both construction and non -construction work, FEMA is utilizing its discretion under 2 C.F,R. section 200.308(h)(5) to require the recipient to obtain prior written approval from FEMA before making any fund.or budget transfers between.the two types of work fou must report an y deviations from'your FEMA approved budget in the first Federal Financial Report (SF -425) you submit followng any budget deviation, regardless of whether the budget deviation requires prior written approval. i Article L - Indirect.Cost Rate 2 C.F.R.-section 200.211(b)(15) requires the terms Of the award to include the indirect cost rate for the federal award. If e applicable, the indirect cost rate for this -award is, stated in the budget d I included in the award file. ocuments or other materials approved by FEIVIA and Article LI - Operation.Stonegarden Program Hold The recipient is prohibited from drawing down OPSG funding under this. award or reimbursing OPSG subrecipients Of this award until each unique, specific, or modified county level, tribal, or equivalent Operations Order or Fragmentary I Order (FRAGO) has been reviewed iewed by FEMA/GPD and Customs and Border Protection/United States Border Patrol (CBP/US BP). The recipient will receive the official notification of . approval from FEMA/GPC. Article L1111 - OPSG Program Performance Goal In addition to the Biannual Strategy, Implementation Report (BSIR) submission requirements outlined in I the Preparedness Grants Manual, recipients must demonstrate hgrant-funded ow the gra unded project addressed the core capability p _y gap associated with this project and identified in the. Threat, and Hazard Identification and Risk.Analysis .(THIRA) or Stakeholder' Preparedness Identification Review (SPR) or sustains existin a, applicable. g cap bilities as applicabi . The capability gap reduction or capability sustainment must be addressed in the Project Description of the BSIR for each project. Article Lill - Funding Haid; SHSP National Priorities FEMA has placed a funding hold on the following investments underthe national priority areas, and $1801728.41 of SHSP funds is on hold in the FEMA financial systems. Until the hold is released, the recipient is prohibited from drawing down funds or reimbursing. subrecipients, and the.subrecipients are prohibited from obligating or expending SHSP funds, for the costs or activities identified below.. The hold Id on . ly, applies ties to the amount of funds identified' for each SHSP investment under the natio, I nal priority' a r s below. To release this hold, informatio is required for the investments identifi d below which must be submitted in the December 2023 Biannual Strategy Implementation 'Report (BSIR). 1'. Soft Targets and Crowded Places. $180,728.41 If you have questions about this funding hold or believe it Was placed in error, please th' contact DHSIFEMA Headquarters a e Preparedness Officer. Article LIV - Funding Holl,d: UASI National Priorities FEMA has placed a funding hold on the following investments under the national priority areas, and $187,500 of UASI funds J recipient is- on hold. in the FEIVIA financial systems. Until the hold is released, the recipient is prohibited from drawing down funds or reimbursing subrecipients, and the subrecipients are prohibited from obligating or expending UASI funds, for the costs or activities identified below. The hold only applies to the amount of funds identified for each UASI investment under the national priority areas below. To release this hold, additional information is required for the investments identified below which hich must be submitted in the December 2023 Biannual Strategy Implementation Report (BSIR). Seattle, Urban Area 1. Soft Targets and Crowded Places; 8'187,580 If you have questions about this funding hold or believe it was placed in error, please contact the DHS/FEMA Headquarters Preparedness Officer. DHS-FEMA-HSGP-SHSP-Fyr 23 Page 36 of 53 Grant County Sheriffs Office, E24-122 Personnel Fringe Benefits Equipment supplies Contractual Construction Indirect Charges Other DHS-FEMA-HSGP-SHSP-FY23 BUDGET COST CATEGORIES Page 37 of 53 $547,1241-00 $199,741,00 $0,00 $91218.00 $131127,575.00 $0M $1051696, .00 $0.00 Grant County Sheriffs Office, E24-122 Oblig afina Doctmient for Award/Amendmetit 1 a.. AGREEMENT NO 2. AM_1FNDNMENT NO. CONTROL NO. 3, 4. TYPE OF ACTION 5. CONT 20V- 2 023 - S S - 0 0 0 633 -S01 RECIPIENT AWARD WX 0 5 6 5 ON2, 0 2j 3 T NA I'ViE NO, W X 0 5 6 5 2N 2 0 2 3 T TOTAL, MVARDED 91.60010956 W2X05651N`2-023T —6.—R-P,,C"IPI-ENT-N�-Al\-E,-AND- ADDRESS ADDRESS FEMA. -Fiance Center WashMI31ton IvWitary FEMA -GPD 4"0 Market Street De artment, p 400 C Street SW 3rd floor A�dnchester, VA 22603 Building 20 Washimton, DC. 20472-3645 Camp IvIurray, IVA,. 98430 - PM- 866-927-5646 5122 9. NAME OF RECIPIENT PHONE ISO.. 1.0. NAME OF FE1vL4 PROJECT COORDINATOR PROJECT OFFICER 2535127472 Central Scheduling and Information Desk Scheduling Gail Cram Phone.- 800-368-6498 $6,190,947.00 Email: Askcsld@cUis.gov 11. EFFECTIVE DATE OF 12. 13. ASSISTANCE .ARRANGEMENT 14, PERFORIVLAINCE PERIOD THIS ACTION 2vMTROD Cost Reimbursement 09/11/20231 OF From. TOr PAIN =-i 09/0112,023 08/3,112026 PARS BtidgetPeriod Homeland. Homeland. 97.067 C91�1 /2023 08/31/2026 1 5...DE SCRIPTIO'N OF ACTION a. (,Indicate fundina, data for aNvards or financial chamres) PROGRAMCFT ANO. ACCOT-TINTING DATA PRIOR AMOUNT CtRRENT C13MULAMM NON - NA I'ViE (ACCS CODE) TOTAL, MVARDED TOTAL FEDERAL COMMITMENT ACRONYM xr2xXx_M%.'_X _Xxr_'�0K_XXr_ AWARD THIS AWARD X) Cx X X _xI �11' x _X 1% xv X - x", ACTION +0 Homeland 97,1067 20'23-FA-GG01-'P410- 4101-D $0.00 S6,190.947.00 $6,190,947.00 See Totals Security Grant Progra rn- :Program Homeland. Homeland. 97.067 2023-FA.GG02-P410- -4101-D San $1,569,500.00 $1569,500.00 See Totals I Gr , ant , Security Prolaram Homeland 97.067 2023-Fk-GI401-P410. -4101-D $0.00 96,150 000A $6,12,50,000.00 See Totals .Security Grant Program $0.00 514,010,447.00 514,010,447-00 $0.00 b. To describe changes other than funding data or financial changes, attach schedule and check here. N/A 1.6 a. FOR"NON-DISASTERPROGRAMS: RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE (3) COPIES OF THIS DOCUMENT TO FEMA (See Block 7 for address) Homeland Security Grant Program recipients are not required to sign and return copies of this doctunent-Howeve r, recipients should print and keep a copy of this document for their records. 16b. FOR DISASTER PROGRAMS IS: RECIPIENT IS NOT REQUIRED TO SIGN This assistance is subject to ten -as and conditions attached to this award notice or by incorporated reference in programlegisladon cited e d above. 17. RECIPIENT SIGNATORY OFFICIAL (Name and Title) DATE Gail Cram, _UTC Wed Sep 2711:0731 ?02 *33 18. FEMA SIGNATORY OFFICIAL (Mame and Title) DATE DHS-FEMA-HSGP-SHSP-FY23 Page 38 of 53 Grant County Sheriffs Office, E24-122 PAMELA SUSAN WILLIAMS, IvIon Sep 11 13:23:50 Ti -TC. '2023 I -L - DHS-FEMA-HSGP-SHSP-FY23 Page 39 of 53 Grant County Sheriffs Office, E24-122 Attachment 0-1 23.SHSP Investment Justification Washington is comprised of 39 counties with geography including forests, mountains, islands, rainforests, rivers, lakes, and plains. The U.S. Bureau of Economic Analysis ranked Washington 34 of 510 states for gross domestic product in 2022- several world-class organizations headquarter their operations within the state. Washington has marine, aviation, rail, and road transportation infrastructure to support its position as a bustling. trade 'Center. Over half of Washington's 7.77 million population lives in the .Seattlemetropolitan area located along the Puget Sound,, This area is the center of transportation,Puget business, and industry and is ---the-fastest--rowi.ng-regi.on--i,n-t-he--st-ato;-A-vast- ajo ty--of--the- -tate�s Oopulatien-[iv --in--densely-s-et-t-led-u.r-b-anized-ar-eas-.-..---.-..-..----..-,--- 9 M ri es Understanding Washington's population is critical in order to mitigateties u1nerabili, respond to incidents, and effectively v i n concentrate recovery efforts. .Furthermore., Was.hiilgton is subject to *10 natural and 7 human -cau e caused hazards. The 2022 THIRA focuses on four of those risks: cyber -attack, earthquake, complex coordinated terrorist attack, and . pandemic -human (biological), The 2023 Washington State Risk Profile scored the state's relative risk as 9.60, ranking it as the 10th highest at -risk state. Washington State has consistently had a high relative risk score (ranked in the top 25% of states for the past seven years) and must be prepared to prevent, respond to, mitigate, and recover from acts of terrorism, The FY23 SH.SP projects were selected to build upon or sustain range of Core Capabilities identified in the 2022 022 SPR as having significant gaps as well as to support the six National Priority Areas. The investments support the Planning, Organization, i 0 Equipment, Training, and Exercise solution areas with a focus n the 'following Core Capabilities: Community Resilience; Environmental Response/Health & Safety; Infrastructure Systems; Intelligence & Information Sharing; Interdiction & Disruptiom Logistics & Supply Chain Management; Mass Search & Rescue Operations; On -scene. Security, Protection, &Law Enforcement; Operational Communications; Operational Coordination Physical Protective Measures; P1anning; Public I_for mati.on & Warning, and Screening,, Search, & Detection. Regional Risks - 'Reasons for the Work Region 7 terror[st'targelts Include: Energy Producing Dams Large Crowds During Events Access Control to Critical Infrastructure Transportation Corridors Agro -Terrorism, DHS-FEMA-HSGP-SHSP-FY23 Page 40 of 53 Grant County Sheriffs Office, E24-122 Attachment D-2 23SHSP ENDURING NEEDS SUBPROJECTS WORK PLAN Grant County Sheriff's Office, Emergency Management ENDURING NEEDS AMOUNT $40,207 Investment #I'. WA SHSP Sustainment The State, is divided into nine Homeland Security Regions wh%ch differ in geography (marine to desert), major industry (large --b.u,sin.ess-to_ag.r_icul-tural),.-and.-population--(dense ur-ba.n-settings-to_r-ural-),-.Each--r-.egion-as--well-as state-ag-ency partners -develop-------.-- projects to address their specific risks and hazards which.sustain previously built capabilities or close identified gaps. Most initiatives. can be tied back to building regional capability to prevent, protect, respond, and recover and be in a state of readiness should a natural or human -caused catastrophic incident occur. Gaps identified in: -Community Resilience: Lack of publications & no current funding source to assist communities with equipment & supplies for resiliency kits, CERT training, & other resources and lack of community trainings -Cybersecurity: Lack of dedicated cyber incident response plans -Environmental Response/Health/safety: Lack of developed policies, plans,. procedures, mutual aid agreements, & strategies in hazardous debris removal Infrastructure Systems: Lack of equipment to facilitate communication during a disaster & a lack of information sharing among privately owned critical infrastructure &.state agency stakeholders -interdiction & Disruption: Need to replace expiring equ%pment & improve ballistic protection & communications equipment used Fri law enforcement operations & special teams need_ updated training to the latest laws & techniques -Mass. SAR, Operations: Gaps in rescue equipment & training in rescue & structural collapse operations -On-Scene Security/Protection/LE: Lack of local funding to maintain & replaceaging and/or .expiring equipment & lack of ability to conduct trainings in protecting response personnel Operational Comms: Aging equipment, differing technology, & geographical challenges hamper interoperable communications Operational Coord: Lack of staffing, developed plans, & equipment to meet coordination needs and the need for integrated training and exercises between partners -Planning: A .needto evaluate, update, coordinate, and better socialize plans and there is a lack of local funding to support planning efforts -Public Information/W'arning: Need for continued funding for mass notification systems and better coordinated public messaging procedures and policies, high turnover within the Public Information discipline, and a need for culturally and linguistically appropriate messaging -Screening/Search/Detection. Lack of equipment for specialized operations.. SHSP: EIS Project #7: Region 7 Homeland Security Project Region Z will address 'priorities based on regionally identified gaps. The region is .challenged bypersistent capability gaps which include On -Scene Security, Protection, & Law enforcement due to the lack of local funding to maintain acrd replace aging and/or expiring equipment; {operational Coordination due to lack of staff trained in their COOP and EOC roles, lack of equipment for proper EOC operation, and lack of storage for critical emergency response equipment; Mass Search & Rescue Operations due to the need to maintain equipment and training to ensure response readiness; Interdiction & Disruption due to a need to replace expiring equipment and improve electronics, such as updating communications equipment, used in law enforcement operations; due to lank of funding, first responders do not have access to the most updated equipment which creates unsafe, ineffective working conditions; and the SWAT Team, needs updated training to the latest laws and techniques; Public information & Warning due to the lack of educational materials for the public alert system; and Operational Communications due to limited staff to assist jurisdictions with continuity and operational planning and ensure the EOC is outfitted with functional equipment. To address capability p y gaps and sustain current capabilities, the region will be investing in the solution areas of planning, organization, equipment, and training. Activities will include: On -Scene Security, Protection, & Law Enforcement: Complete Maintenance and readiness tasks for which there is no local funding so that equipment can be deployed and purchase equipment for specialized response teams. Operational Coordination: Host and fund staff to attend operations -specific training for their EOC positions as well as ICS and IMT courses, purchase networking equipment for EOC virtual coordination, and lease storage unit to shelter and charge response equipment. Mass Search & Rescue Operations: Purchase specialized search and rescue equipment such as handheld thermal imagers and an Unmanned Maritime Vehicle for more rapid search and recovery in areas that are traditionally difficult to -search, such as bodies of water. Interdiction & Disruption: Outfit tactical and communication vehicle with .updated computer stations, radio systems, and connectivity equipment; purchase search and rescue and breaching tools for the regional SWAT Team; purchase ballistic vests for SWAT team members; and fund specialized tactical training. Public Information DHS-FEMA-HSGP-SHSP-FY23 Page 41 of 53 Grant County Sheriff's Office, E24-122 & Warning: Renew county alert and warning system contract and purchase alert and warning system temeeducational materials in ,uc a English and Spanish to increase public awareness and participation Operational Communications: Maintain . and .,update alert and warning system points of contact and EOC operational plans as well as maintain EOC equipment functionality. The funding priorities will support the region in their effort to address identified capability gaps with terrorist -related risks, which will enhance the Region's ability to detect, identify, interdict, and recover from a terrorist attack. SUBPROJECT #1 Mobile Operations Command Center (MOCC) Updates and Response Vehicle Supplies CORE CAPABILITIES 5 -n -to -me . . . . . . . . 5 a w J ty- 1 no—te d __m. .-Q,r ,Sustaining or Enhancing? Sustaining SOLUTION AREAS PLANNING ORGANIZATION EQUIPMENT TRAINING EXERCISE TOTAL $0.00 $5.,500.001 $0,00 $0.00 $_50 07 $5,500.00 GAPS) IDENTIFIED "Lack of local funding to maintain and replace aging and/or expiring equipment" WA 2022 SPR pg. 507 ACTIVITIES TO BE PERFORMED Provide maintenance to the SHSP funded Mobile Operations Command Center (MOCC). Purchase allowable supplies for the MOCC to ensure it is available, for deployment. ASSOCIATED DELIVERABLESIOUTPUTS (IMMEDIATE) The MOCC is enhanced with equipment and ready to use during incidents. The MOCC will be available to respond to incidents within Grant County as well as neighboring jurisdictions upon Mutual utual Aid request, Response vehicles will have all supplies needed to properly deploy and be of assistance on a disaster -scene. DESIRED OUTCOMES (INTERMEDIATE" AND LONG-TERM) Coordinated communications between EOC, Incident Command post, and the public during the incident. NEXUS TO TERRORISM The Grant County Sheriffs Office MOCC is a field command vehicle that functions as an incident command post and incident support vehicle during a planned event or incident. The MOCC is equipped with multiple radio systems, network and data infrastructure supported. by cellphone networks, two generators for power, and multiple computer workstations for personnel operating out of the MOCC. In the event of a terrorist act or domestic violence extremism with offsite impacts to Grant County, the MOCC would be used to coordinate field activities and serve -as a hub for response in the impacted area. In the event of an offsite impact to Grant County, but offsite impacts to our area partners, the MOCC is availabi e for mutual aid rE�quests to support the overall -response. The requested funds would support equipment updates and operational readiness' p qof the MOCC. Response Vehicles will be able to safely arrive at incident scenes be quickly identified by responders andd the public. SUBPROJECT #2 Training CORE CAPABILITIES Operational Coordination Core Capability #1 Sustaining or Enhancing? Enhancing Planning Core Capability #2 (optional) Sustaining or Enhancing? I Sustaining -_1 SOLUTION AREAS PLANNING ORGANIZATION EQUIPMENT TRAINING EXERCISE TOTAL $0.00 $0.00 $0.00 $7,000.00 $0.00 $7,000.00 GAP(S) IDENTIFIED Lack of Staff trained in their COOP role if needed WA 2022 SPR pg. 35 Respondents Lack of staffing in individual teams, overall organizational structure, and or leadership at each level in the structure in NI.MS/ ICS Compliance. WA 2022 SPR pg, 36 Funding for staffing to accomplish greater/more coordination planning and exercises DHS-FEMA-HSGP-SHSP-FY23 Page 42 of 53 Grant County Sheriffs Office, E24-122 Inability to accomplish training on advanced ICS courses o rse5 without having to bring in instructors from out of area and budget for r their per diehl and travel expenses. WA 2022 SPR pg. 39 ACTIVITIES TO BE PERFORMED Operations specific training for EM staff and staff who will work in the EOC, to include regional IMT development courses and hosting position specific training locally and/or an 0-305 course. May also include staff training on support software, Fu I rids will also support regional ICS course/G series course instruction & deployment. Budgeting for ICS Course/G series course instruction will remove the barrier for other agencies to host training due to budget limitations. ASSOCIATED DELI VERABLESIOUTPUTS (IMMEDIATE) . . . . . . . . . ....... Personnel -trained an Racal-E'0"C ppo o warewi improvereadiness"" yensu skillset for response support. DESIRED OUTCOMES (INTERMEDIATE AND LONG-TERM) Improve capacity of trained response staff on incident management regionally i Deploy instructors . L nstructors to regional partners to bolster depth of NIMS/ICS trained first responders. NEXUS TO TERRORISM Ensuring that emergency response staff are properly trained on the National Incident Management System., and the Incident Command System, will improve the overall response to an act of terrorism and transition to recovery from disasters. Promoting regional training of response staff also deepens the mutual aid capacity of Central and Eastern Washington. S U B P ROJ CT #3 Search and' Rescue Support CORE CAPABILITIES Mass Search & Rescue Operations Core Capability #I Sustaining or Enhancing.? Enhancing Screening, Search, & Detection Core Capability #2 (optional) Sustaining or Enhancing? Enhancing SOLUTION AREAS PLANNING ORGANIZATION EQUIPMENT TRAINING EXERCISE TOTAL .$0.00 $2,000.00 $8,000.001 $1,500-00 $ 0. o01 $11,500.00 GAP(S) IDENTIFIED .Lack Of Mass Search and Rescue equipment, and PPEacrossthe state's local jurisdiction,, especially for specialty teams to maintain equipment and training to ensure response onse . readiness. WA.202,2 SPR page 4.87 ACTIVITIES TO BE PERFORMED Purchase .of specialized SAR. equipment such as handheld thermal imaging and Portable side sonar./underwater SAR robot. Rebranding of response equipment for more rapid identification of assets by the public and replacement of consumables used during trainings,and response. Pay for yearly Search and Rescue Association Fee. ASSOCIATED DELIVERABLESIO UTPUTS (IMMEDIATE) GCSO Deputies with SAR responsibilities will gain SARS coordinator skillset for use during regional SAR responses. Response equipment to be properly marked for ease of identification for response staff and the public. DESIRED OUTCOMES (INTERMEDIATE AND LONG-TERM) Based on local hazards, purchase specialized equipment to assist in more rapid search and recovery in areas that are traditionally difficult to search, such as bodies of water. NEXUS TO TERRORISM Support of Search and Rescue programs bolsters the preparedness and response capacity of Grant County to any hazard that would necessitate SAR operations,, including Acts of Terrorism. Additionally, improving sea . rch ca I pabilities in water would allow for additional support for screening and detection along waterways in Grant County in the event of intelligence pointing to acts of terror targeting the hydroelectric power dams along the Columbia River within Grant County's area of operation. SUBPROJECT #4 EOC Technology/ Equipment DHS-FEMA-HSGP-SHSP-FY23 Page 43 of 53 Grant County Sheriffs Office, E24-122 CORE CAPABILITIES Operational Coordination Sustaining or Enhancing.? Enhancing SOLUTION AREAS PLANNING ORGANIZATION EQUIPMENT $0.00 $4,000.00 $0.00 Core Capability #1 TRAINING EXERCISE TOTAL $0,00 $0.00 $4.000.00 .GAPW- IDENTIFIED 29% out of 24 local respondents have gaps in equipment, supplies, and systems that comply with relevant standards, in Emergency Operations Center Management. WA State SPR pg. 42 ACTIVITIES TO BE PERFORMED Purchase OWL Meeting Camera (or similar) & associated networking equipment and additional desktop workstations for EOC support personnel. ASSOCIATED DELiVERABLESIOUTPUTS (IMMEDIATE) Purchase and deploy new workstations to the EOC. Update virtual meeting sup port,infrastructu re for the EOC. DESIRED OUTCOMES (INTERMEDIATE AND LONG-TERM) Additional workstationsill wimprove prove the EOC's capacity to response to an incident and support field operations. NEXUS TO TERRORISM Additional technological -assets for EOC/Emergency Management Staff improves capacityJor all aspects of the local Emergency Management program, which includes acts of terrorism. GCSOEM Staff are also WA State Fusion Center Fusion Liaison Officers, and as ,such improving the technological capabilities of staff will improve response to acts of terror. SU BPROJ ECT #5 Special Equipment & Training for Special Teams 1P CORE CAPABILITIES 0n -Scene Security, Protection, & Law Enforcement Core Capability #1 Sustaining or Enhancing?Enhancing L Environmental Response/Health & Safety Core Capability #2 (optional) Enhancing SOLUTION AREAS PLANNING ORGANIZATION EQUIPMENT TRAINING EXERCISE TOTAL ,$0.00 $0.001 $10,000.00 $1,000.001 s0-00 $1,1,000.00 GAP(S) IDENTIFIED Support local hazardous materials response teams through equipment and training grants WA 2022 SPR pg, 302 Identify, purchase, and distribute specialized tactical team's equipment such as-, ballistic helmets, shields, and vests in local jurisdictions. WA 2022. SPR pg. 507 ACTIVITIES TO BE PERFORMED Purchase equipment for specialized response teams within Grant County based on internal review and application process: radiological detection equipment for regional hazardous materials technician response team, equipment and training for rescue task force personnel, tactical response tea I m equipment and training, CISM team train! *gs, K9 training and equipment. n ASSOCIATED DELIVERA13LESIOUTPUTS (IMMEDIATE) Special Teams will have training and equipment to increase their capacity to respond in accordance with their specialty area. DESIRED OUTCOMES (INTERMEDIATE AND LONG-TERM) Better equipped and trained specialized response teams will allow for a more resilient community and promote additional mutual aid resources regionally. DHS-FEMA-HSGP-SHSP-FY23 Page 44 of 53 3 Grant County Sheriffs Office, E24-122 NEXUS TO TERRORISM Specialized teams provide direct response capacity to acts of terrorism. Improving training and purchasing equipment increases this capacity. DHS-FEMA-HSGP-SHSP-FY23 Page 45 of 53 Grant County Sheriffs Office, E24-122 Attachment D-3 I 1 11 ;1 11 111� r Grant County Sheriff's Office, Emergency Management National Priority Areas $80,;858 .In assessing the national risk profile for FY 2023, six priority areas attracted the most concern. Due to the unique threats that the nation faces in 2023, DH.S/FEMA has determined that these six priorities should. be addressed by allocating;specific percentages of 1) Enhancing the protection of soft targets/crowded p a I ces (ST/CP) 2) Enhancing information and intelligence sharing and :analysis (IIS) 3) Combating domestic v`lolent extremism (DVE) 4) Enhancing cybersecur'ity (CS) 5) Enhancing community preparedness and resilience (CP&R) 6) Enhancing election security (ES) Washington State will meet the 23SHSP priorities across multiple state and local projects. Investment #2: WA SHSP National Priority: Soft Targets and Crowded Places Soft targets and. crowded places (ST-CPs) are increasingly appealing to terrorists and other violent extremist actors because of their relative accessibility and the large number of potential. target I s,..*This challenge is complicated by the prevalent use of simple tactics and less sophisticated attacks, Segments of our society are inherent r of their inherently open to the general public, and by nature a e :purpose do not incorporate stricte e e security measure Given th increased emphasis by terrorists and othe txtreml other violent nt e st actors to leverage less sophisticated methods to inflict harm i u -vital that the public and private sectors o n_0 blic areas, it is ate 8L ors collaborate to enhance security of locatio s such as transportation centers, parks, restaurantsshopping centers, special event venues, . and similar facilities. Pet the DRS Soft Targets and Crowded Places Security Plan Overv[e w, ""Reducing the risk of attacks against ST-CPs and reducing impacts of attacks that do occur is -a shared 'mission..." In the 2022 State SPR, the following -gaps were identified related to preventing, preparing for, and responding to a terrorist attack on a ST -CP: -On-Scene Security, Protection, & LE,- Lack of local funding to maintain and replace aging and/or expiring equipment, lack of equipment surge capability, need for more PPE, lack of training and exercises relating to Protecting Response , Personnel, need to exercise with local and federal partners, need UAV technology during large festivals and public events to identify and monitor :Suspicious activity. -Screening, Search, & Detection,- Need to purchase spedal.ized equipment for the continued support to LE and the communities they serve. -Mass SAR Operations: Lack of Mass Search and Rescue equipment and PPE across the state's local jurisdictions and need up -lo - date training to ensure response readiness. -Interdiction & Disruption: Need to ex replace e pi.ring equipment and improve ,electronic equipment, ballistic protection... communication, and other equipment used in LE operations. and Physical Protective'Measures:, Need surveillance .. 'llan- and alarm systems. y ei ce cameras Through a. collaborative rank ng and selection process, Washington has identifled .several key projects to address gaps and.sustain/enhance core capabilities directly related to the ST-CPs National Priority Area, PROJECT #1 SHSP: NPA ST/CP. Rescue Task Force (investment 2,. Project 2) Note.* FEMA has placed a hold on the funding for this project Expenses for this project will. not be reimbursed Until FEMA deems th e project effective and releases -the associated hold. BRIEF PROJECT DESCRIPTION This project will support continued training for the developing Rescue Task Force Teams (RTF), A Rescue Task Force is a team consisting of law enforcement and Fire/EMS. This team has the skills and training to enter into a "warm zone" after a mass casualty incident and render aid to the hurt. Law enforcement deems the area a warm zone and then continues to provide protection to Fire/EMS while they render aid. A "warm zone" is an area where a potential threat exists but there is no direct or immediate threat. Traditionally an area must be considered a "cold zone" prior to Fire/ EMS entry. This causes a delay in immediate life-saving treatment for victims. Currently, we have two teams, one in Ephrata and one in Moses Lake, A train the trainer course was attended and resulted in 9 Rescue Task Force Instructors, We need continued training to have instructors teach other FIRE/EMS and LAW, Rescue Task Force DHS-FEMA-HSGP-SHSP-FY23 Page 46 of 53 Grant County Sheriffs Office, E24-122 Techniq * ues. Additional equipment will need to,be purchased for training as well as equipment to respond to mass casualty and active shooters, sustain skills and readiness, RTF skills and operations should be taught annually and practiced regularl ' Y. CORE CAPABILITIES Operational Coordination Sustaining or Enhancing.? Sustaining I On -Scene. Security, Protection, & Law. Enforcement Sustaining or Enhancing? Sustaining SOLUTION AREAS PLANNING ORGANIZATION EQUIPMENT $0.00 $0.00 1 $13,,000.00 Core Capability #1 Core Capability #2 (optional) TRAINING EXERCISE TOTAL $4,000.00 1 $1,000.00T $18,000.00 GAP(S) IDENTIFIED "While we do have capability in Operational Coordination, our personnel resources are insufficient to support optimum effective capability in this area. in short, we can bring some capability to bear but there is sig i nificant opportunity to enhance capability WA 2022SPR.,,'pg. 40. Two teams would not be sufficient to respond to P mass casualty or active shooter incident. WA,2022 SPR 486 "Agencies heed more special hazard personal protective equipment. RTF Ballistic Protection, Multi -Threat Ha,zmat Suits" WA 2022 SPR pg. 507 Identify, purchase, and distribute specialized tactical teams' equipment such as: ballistic helmets, shields, and vests in local jurisdictions. ACTIVITIES TO BE PERFORMED - Purchase equipment that is needed to continue to build Rescue Task Force. It may include ballistic shield vests, helmets, and medical go kits. - Training for New Rescue Task Force members asvell as a refresher for those who have prior RTF training, Tra'ining may include instructor development classes (ITC PER -266) or other related instructor development courses for members 11 v . ers who became RTF instructors, Purchase supplies for trainings Plan, coordinate,, and execute a 'tabletop exercise to improve operational coordination among local responders (LAW, FIRE., EMS, and hospitals). COLLABORATION Ephrata Fire Department, City of Moses Lake Fire Department, Grant County Sheriff's Office, City of Moses Lal(e Police Department. Training opportunities will be open to region 7. Collaboration with. region 7 will continue to promote Rescue Task Force techniques. Our last locally hosted RTF -training had attendees from all over the state. The RTF teams will work with local tactical teams as they work to locate and neutralize threats.. ASSOCIATED DELIVERABLES/OUTPUTS (IMMEDIATE) Trained Rescue Task Force members will be immediately available and able to coordinate with other FIRE/EMS and Law to better respond to mass casualty or active shooter incidents. Current RTF Instructors are able to teach other LAW and FIRE/EMS RTF techniques and expand this capability, Purchased equipment will be available for response. DESIRED OUTCOMES (INTERMEDIATE AND LONG -TER" This equipment and associated training will result in a reduction in loss of life during incidents because the RTF team will have the capability to respond to acts of terrorism. Response time after mass casualty incidents or acts of terrorism that result in injuries will be greatly reduced. With training and equipment available the long-term outcome is for more RTF teams to be built and available for response throughout the county. NEXUS TO TERRORISM This special team, Rescue Task Force, will increase its capacity- to respond to acts of terrorism, An RTF response may be deployed to work in an, active shooter scenario in a school, business, conference, special shopping mall, church, conf event, or any other scene p that has theotential of being an on-going ballistic or explosive threat. This project will he repare p 9 help p and to acts of terrorism. PROJECT #2 SHSP: NPA ST/CP: Regional Tactical Team Equipment (investment 2, Project 4) Note: FEMA has placed a hold on the funding for this project Expenses for this pro' t will not be Jec .reimbursed until FEMA deems the project effective and releases the associated hold. DHS-FEMA-HSGP-SHSP-FY23 Page 47 of 53 Grant County Sheriffs Office, E24-122 BRIEF PROJECT DESCRIPTION Region egion 7 Consists of five counties and the Colville Confederated tribes. The counties have tactical teams that support.8n-d train with each other, Chelan/Douglas have the East Cascade SWAT team, Grant County has the Moses Lake Tactical Response Team (MLTRT), Kittitas County has the Kittitas County Regional Tactical Response Team, and Okanogan County has a Special Response Team.. The Region 7 goal is to standardize our tactical equipment. Through this process, we will be standardizing specialized equipment to include ballistic shields and night vision goggles. This will allow the -tactical teams to be able to train with the same equipment therefore allowing, the counties to leverage specialized equipment for high-risk operations no matter the jurisdiction. No. one county can afford to equip their entire team with this critical piece of equipment, through this grant we will be able to assign E PIO thee'asil y ­' portable equi'pm e n., t throughout the region. The 'equipment is easily transferable from jurisdiction jurisdiction -w—l'th--ii—ase. TH—rougli-t-H-RPA7p F-6j— ecf,—e_5-&h county purchase the same CORE CAPABILITIES InterdictionI & Disruption Core Capability #1 Sustaining or Enhancing? Enhancing Operational Coordination Core Capability 42 (optional) Sustaining or Enhancing? Enhancing SOLUTION AREAS PLANNING 0 RGAN IZATI 0 N - EQUIPMENT TRAININ(3 EXERCISE TOTAL $0.00 $0.00 $28,800.007 $0.00T $0.00 $28,800.00 GAP(S) IDENTIFIED WA 2022.SI.PR,pg. 506 "31%, out .of' 17 Local Res- ondents have equipment, supplies, and systems that complywith relevant p e gaps in s standards in Law Enforcement". WA2.0.22 SPR pg. 76 "There is a need to replace expiring equipment and improve electronics, ballistic protection, communication, and other equipment used in law enforcement operations." WA 2022 SPR pg. 507 "Identify, p.urc'hase, and distribute specialized tactical teams equipment such as: ballistic, helmets, shields., and vests in local jurisdictions" A CTI VITIES TO BE PERFORMED Purchase, Dual 'Tube (vs, Monocular) Night Vision Goggles and ballistic shields, COLLABORATION The tactical commanders of each county's team have agreed to start standardizing tactical equipment. This will allow operators o n from, different jurisdictions the ability to utilize specialized equipment from their partners. Regional teams will be equipped with the.same equipment and attend the same training. All five counties in R . egion 7 will benefit from this NPA project. Since we will all be trained on thesament equipme all Region 7 tactical teams will benefit by being able to borrow the standardized equipment on high-risk missions as needed, The specialized equipment will be spread -readout throughout the region with the ability to easily transfer the assets quickly, MLTRT has had multiple mutual training days with the Kittitas County Sheriff's Office Special Response Team (SRT) throughout the, Fast couple of years. SRT has also assisted MLTRT on multiple high risk search warrant operations. After speaking with SRT, they have also identified a need for ballistic shields. Collaboration within Grant County: Grant County Sheriff's Office, Grant Count Fire District(s), Moses Lake Police Department, Ephrata Fire De y p partment, Moses Lake Fire Department ASSOCIATED DELIVERABLES/OUTPUTS (IMMEDIATE) This, project will immediately expand the operational capabilities of all of Region Ts tactical teams and the teams will be better prepared to address high-risk incidents. This project will also allow the tactical teams the ability to share critical mission specific equipment, DESIRED OUTCOMES (INTERMEDIATE AND LONG-TERM) For the intermediate and long-term outcomes, this project will allow Region 7 tactical teams the ability to assist one another with both manpower and equipment. Since the specialized equipment is standardized, the teams will already have training in its use DHS-FEMA-HSGP-SHSP-F I Y23 Page 48 of 53 Grant County Sheriffs Office, E24-122 therefore al,lowing the teams to share the night vision and shields throughout Region 7 as needed, resulting in better, safer outcomes for the teams and the community. NEXUS TO TERRORISM All of Region 7's tactical teams are trained in responding to acts of terrorism. This project will enhance the operational capabilities of the regional teams to respond to terrorist acts more safely and effectively. Inve.st.ment #5: WA SHSP National Priority: Community Preparedness and Resilience --Cam-m-unity-o'rga-nizat`rons-are--th-e-ba-ckb-on-e-of-civi-c-life-aryd-th-erefor-e-m-ast-h-ave-th-e-capab-ilitl'-Es-t,a*with-starfd--acts-af-terro,ri-sm and provide essential services especially to members of underserved communities, in the aftermath of an attack. Focus on equity and investing in strategies that meet the needs of underserved communities will strengthen the whole community system of emergency management, The whole community includes children; older adults; individuals with disabilities, and others with access and functional needs; those from religious, racial, and ethnically diverse backgrounds* and people with limited English proficiency, Add itto*n, . ally, equity In emergency manage ment'requ ites proactively prioritizing actions that reinforce cultural competency, accessibility, and inclusion, as well as reflect the historical context of specific groups of people. As communicated in 2022 State SPR,, the Community Preparedness & Resilience (CP&R) capability gaps that will be addressed , are: - Public Information & Warning.: A need for continued funding for Mass Notification System; - Community Resilience: Need for additional staff for community resiliency outreach to local neighborhoods and a need to provide hands-on training and drills for mass care ata community level; and Logistics & Supply Chain Management: A lack of developed policies, plans, procedures,, mutual aid agreements, strategies, and ,other publications, including the collectionand analysis ofintellig'ence and information, in Supply Chain Restoration. Through a collaborative ranking and selection :process, Washington State has Identified several key projects within this Investment to address gaps and sustain/enhance core capabilities directly related to the CP&R National Priority Area. PROJECT #3 S.HSP: NPA CP&R: Regional Public Alert and Warn'in* System (Investment 5, Project 3) g. C Mitt- PHUJECT DESCRIPTION Public Warning System tern for Region 7. Chelan, Douglas, Grant, Kitt'itas, Okanogan, and the Colville Tribe. CORE CAPABILITIES Public Information & Warning Core Capability #1 SustainingorEnhancing? Sustaining J 'Operational Communications Core Capability 42 (optional) Sustaining or Enhancing? Enhancing SOLUTION AREAS PLANNING ORGANIZATION EQUIPMENT TRAINING EXERCISE TOTAL $0.001 $341058.00 $0.001o.00$0.06'' t,058.00' GAP(S) IDENTIFIED - "The region lacks a unified plan to summarize and interpret public emergency communications on government response, community Preparedness, pandemics and other relevant I I emergency messages for all 13 identified languages, This has a cascading effect on reaching a broader demographic, causing information delays when time is critical," WA 2022 SPR page 13 - "The basic Emergency Alert and Warning System isn't able to notify specific, . targeted areas or transient populations within the county. Extra functionality'and access to. IPAWS is critical. There is a need to establish a process for promptly distributi Ing emergency communications in multiple languages throughout the county in a timely manner so individuals can take appropriate action during an emergency," - The vast different geographic terrain in Region 7 makes emergent public notification i I mpossible without a mass alert and warning system. Region 7 is susceptible to natural disasters, domestic terrorist threats, and criminal activity; •a sustained mass notification system is a critical gap for the communities, ACTIVITIES''TO BE PERFORMED Renew annual Emergency Alert and Warning System contracts for 2024 for the counties in Region 7 (Chelan, Douglas, Grant, Kittitas, Okanogan). COLLABORATION This is a regional project that will benefit all of the Region 7 communities. DHS-FEMA-HSGP-SHSP-FY23 Page 49 of 53 Grant County Sheriffs Office, E24-122 ASSOCIATED DELIVERABLESIOUTPUTS (IMMEDIATE) This projectwill allow all of Region 7 to have the ability to quickly and effectively notify the public of threats or hazards in the area. The alert system is also the conduit to IPAWS. The systems can also provide Operational Coordination through the notification to key first responders such as law enforcement, fire personnel, mayors', commissioners, emergency dispatch, and utilities. Douglas County currently has the same alert system as its partner agency, Chelan County. This ensures the dispatch center can effectively. issue an alert in either county without having to switch between programs. We plan to continue to maintain the same system,, whether it be- AlertSense, or -we move to another system, such as Everbridge which is used by at least 2 other counties in our rog�on. U11e also have conac lists wjthin"the system of most of our first SK7efi respond=er agend ri sff-) as We s County officials (commissioners., mayors, etc.), Which allows for rapid:tiotifica-tion' to all such groups during an emergent event. DESIRED OUTCOMES (iNTERMEDI ATE AND LONG-TERM) The Region 7 Public. Alert and Warning proect will sustain the ability to alert the community of dangers and what to do -to remain safe. This system is the conduit to communicate with a vastareaof the Region through one rapid mechanism. The system will also help translate emergency messaging into other languages to assist limit English proficiency populations to remain safe, NEXUS TO TERRORISM This project has the ability to quickly warn or alert the population of any threats or dangers from foreign or domestic acts of terrorism. The Emergency Alert and Warning System will enable the messaging to: give out current information, tell people what to do to be safe, where, to go to be safe, and/or what dangers to look out for, DHS-FEMA-HSGP-SHSP-FY23 Page 50 of 53 Grant County Sheriffs Office, E24-122 Attachment E 3SHS.P Budget Grant County Sheriff's office, Emergency Management AGREEMENT AMOUNT $121,065 AMOUNT LETPA $78)829.00 PERSONNEL .$411.63.00 -3Y6 of the agreement total M&A $1,207,00 1Y6 of the agreement total Enduring Needs Subproject(s) National Priority Area Project(s) AMOUNT PROJECT #1 SHSP: NPAST/CP: Rescue Task Force (Investment 2, Project 2) $18,000.00 PROJECT #2 SHSP: NPA ST/CP: Regional Tactic'al Team Equipment (investment 2, Project 4) $28,800.00 PROJECT#3 SHSP: NPACP&R: Regional Public.Alert and Warning System (investment S., Project 3j $34,058.00 M&A $0.00 SUBTOTAL $80j858.00 INDIRECT $0.00 TOTAL $80?858.00 DHS-FEMA-HSGP-SHSP-FY23 Page 51 of 53 Grant County Sheriffs Office, E24-122. AMOUNT SUBPROJECT #1 Mobile Operations Command Center (MOCC) Updates and Response Vehicle Supplies -$5.,500.00 SUBPROJECT #2 Training $7,000*00 SUBPROJECT #3 Search and Rescue Support $111500.00 SUBPROJECT #4 EOC Technology./ Equipment $4,,000.80 SUBPROJECT #5 Special Equipment Training for Special Teams $11..000.00 M&A �-- $1,207.00 SUBTOTAL $40)207.00 'INDIRECT $0.00 TOTAL $40,207000 National Priority Area Project(s) AMOUNT PROJECT #1 SHSP: NPAST/CP: Rescue Task Force (Investment 2, Project 2) $18,000.00 PROJECT #2 SHSP: NPA ST/CP: Regional Tactic'al Team Equipment (investment 2, Project 4) $28,800.00 PROJECT#3 SHSP: NPACP&R: Regional Public.Alert and Warning System (investment S., Project 3j $34,058.00 M&A $0.00 SUBTOTAL $80j858.00 INDIRECT $0.00 TOTAL $80?858.00 DHS-FEMA-HSGP-SHSP-FY23 Page 51 of 53 Grant County Sheriffs Office, E24-122. Attachment F 23SHSP Timeline Grant County Sheriff's office, Emergency Management DATE TASK September 1, 2023 Grant Agreement Start Gate ---- -- -- E--s-t-work-da-te.-work-�-sc-hed-u�led,-for-one-or-mo-re--su.bpr 0J.— N LT January 3 11 2.024 Sub submit proof of completion of Nat -SR t Ionwide Cybersecurity Review (NCSR) - N -C sys em closes February 28,, 2024 March 31, 2024 'Submit required equipment waiver requests, EHP Screening form(s), and/or other required forms Apri130,2024 Submit Reimbursement Request and. Progress Report July 31, 2024 Submit Reimbursement Request and Progress Report . . .. ......... October 31, 2024 Submit Reimbursement Request and Progress Report January 31, 2025 Submit Reimbursement Request and Progress Report Apri130,2025 Submit Reimbursement Request and Progress Report July 31, 2025 Submit Reimbursement Request and Progress Report October 31, 2-0-25 Submit Reimbursement rsement Request and Progress Report Ja,.n.'Uary 31, 2026 Grant Agreement End Date M a rc'h 17, 2026 Submit Final Reimbursement Request and Closeout Report HSGIP Performance Period: September 1,, 2023 to August 31., 2026 DHS-FEMA-HSGP-SHSP-FY23 Page 52 of 53 Grant County Sheriffs Office, E24-122 Aftachment G BUILD AMERICA, BUY AMERICA ACT SELF -CERTIFICATION The undersigned ned certifies 9 , to the best of their knowledge and belief, that: The Build America, Buy America Act (BABAA) requires that no federal financial assistance for "infrastructure" projects is provided 'unless all of the iron, steel, manufactured products, and construction materials used in the project are produced in the United States." Section 70914 of Public Law No. 117,58, §§ 70901-52. .The undersigned certifies that for the Insert 9 e Project Name and Location that the iron, steel, manufactured products, and construction materials used in, this contract are in. full compliance with the BABAA ents including: requirern 1. All iron and steel used in the project. are produced in the United States, This means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. 2, All manufactured products purchased with FEIVIA financial assistance must be reduced in the United States. For amanufaCtUred product to be considered produced in the United. States, the cost of components of the manufactured ufactured product that are mined, produced, is greater than 55% of the to or manufactured in the United States � * - . total cost of all components of the manufactured product, unless another standard- for determining the minimum amount of domestic content of the ma- nufacturedproduct has been established under applicable law or regulation. 3. All construction materials are manufactured in the United States. This means that all manufact processes for the construction material occurred in the United States, uring "The [Contractor or Subcontractor], ,certifies or affirms thee truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the [Contractor or Subcontractor] understands and agrees that the provisions of 31 U.S,C., Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any," Signature of [Contractor's or Subcontractor's] Authorized Official Enter Name and Title Name and Title of [Contractor's or Subcontractors] Authorized Official DHS-FEMA-HSGP-SHSP-FY23 Page 53 of 53 Grant County Sheriffs Office, E24-122 SIGNATURE AUTHORIZATION FORM WASHINGTON STATE MILITARY DEPARTMENT Camp Murray, Washington hington 98430-5122 Please -read instructions on reverse side before completing this form. NAME OF ORGANIZATION DATE SUBMITTED Grant County Sheriffs Office., Emergency management 11115/2023 PROJECT DESCRIPTION CONTRACT NUMBER WA. St. Military Dept and U.S Department of Homeland Security E24-122 2. AUTHORIZED TO SIGN CONTRACTS/CONTRACT AMENDMENT SIGNATURE PRINT OR TYPE NAME. TITLE Joe Krista Sheriff John McMillan Josh Sainsbury Undersheriff Chief Deputy 3. AUTHORIZED TMJ SIGN REQUESTS FOR. REIMBURSEMENT SIGNATURE PRINT OR TYPE NAME TITLE Josh Sai.nsbury Chief Deputy Mireya Garcia EM SnP.(-.i;;1i.qt \\NAC- I \VOL I \HOM EWARE NB\....\W P\.S I G NAUTH Revised 3/03 INSTRUCTIONS FOR SIGNATURE AUTHORIZATION FORM This form identifies the persons who have the authority to sign contracts, amendmentS3 and requests for reimbursement. It is required for the management of your contract with the Military Department (IVID). Please complete all sections. One copy with original signatures is to be sent to IVID with the signed contract, and the other should be kept with your copy of the contract. When a request for reimbursement is received, the signature is checked to verify that it matches the signature on file. The payment can be delayed if the request is presented without the proper signature, It is important that the signatures in MDs files are current. Changes in staffing or responsibilities will require a new signature authorization form. 1. Authorizing Authority. Generally, the person(s). signing in this box heads the governing body of the organization, such as the board chair or mayor. In some cases, the chief executive officer may have been delegated this authority, 2. Authorized to Sign Contracts/Contract Amendments. The person(s) with this authority should sign in this space. Usually, it is the county commissioner, mayor, executive director, city clerk, etc. 3. Authorized to Sign Requests for Reimbursement. Often the executive director, city clerk, treasurer, or administrative assistant have this authority. It is advisable to have more than one person authorized to sign reimbursement requests. This will help prevent delays in processing a request if one person is temporarily unavailable. If you have any questions regarding this form or to request new forms, please call your IVID Program Manager. Washington Military Department Contract Number: Debarment, Suspension, Ineligibility or Voluntary Exclusion Certification Form NAME Grant County Sheriffs Office Emergency Management Doing business as (DBA ADDRESS Applicable Procurement WA Uniform Business --- Federal Employer Tax P.O Box 37 or Solicitation #, if any: Identifier (UBI) Identification #: Ephrata, WA 98823 136000784 916001319 This certification is submitted as part of a request to contract. Instructions For Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower T i -6 _r _C -o—v 6 -r—e d - T Fa h s-i'actions ..... . READ CAREFULLY BEFORE SIGNING THE CERTIFICATION. Federal regulations require contractors and bidders to sign and -abide by the terms of this certification, 'with -out modification, In order to participate in -certain transactions indirectly involving federal funds. sactions directly or 1. By signing and submitting this pr'opo'sal, the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is -a material representation of fact upon which reliance was placed when this transaction was entered into.. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other rem* edies available to the Federal Government the department or agency With which this transaction originated may pursue available remedies, including sus pension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the department, institution or office to which this proposal is submitted if at any time the Prospective lower tier partici ant learns that its 'certification was p h erroneous when submitted or hadbecomeerroneous by of.changed circumstances. 4. The terms covered transaction., -debarred, suspended, I ineligible,, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal,, and voluntarily excluded, as used in this clause, have the meaning Set out in the Definition's and Coverage sections of rules implementing Executive Order 12549.'You may contact the person to which this proposal po al is submitted for assistance in obtaining s ng a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into,I �, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under the applicable CFR, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, u . Ness authorized by the department or agency with which this transaction originated. 6, The prospective lower tier participant further agrees by submitting this proposal that it will 'Include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier red .r cove transactions, 7. 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 debarment under applicable CFR, debarred, suspended, ineligible, or voluntarily ,excluded from covered transactions, u nless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of . s principals. i als. Each participant may, but is not, required to, check the List. of Parties Excluded.from Federal. Procurement and Non -procurement Programs.. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a pamici pant Is not required to exceed that which is normally possessed by'a prudent person in the ordinary course of business activity, 9. Except for -transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transact -ion with a person who is proposed for debarment under applicable CFR, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with Which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment., Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Covered Transactions The prospective I Ower tierissio , articipant certifies, by sub of thi p submission s proposal or contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency, Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this form. Bidder or Contractor Signature:k� V� ['2-OZ3 Date-, Print Name and Title: Joe Kriet . S, eriff Washington Military Department Contract Number: FEDERAL DEBARMENT, SUSPENSION NELIGIBILITY d:. N (FREQUENTLY ASKED QUESTIONS) What is "Debarment, Suspension, Ineligibility,I and Voluntary Exclusion"? These terms refer to the status of a person or company that cannot contract with or receive grants from a federal agency. Indebarred,suspended,or voluntarily 'e-­x"c'---l-u------d----e-- d, you must have: • had a.contract or grant with a federal agency, and • gone through some process where the federal agency notified or attempted to notify you that you could not contract with the federal agency. 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. Why am -1 required to sign this certification? You are requesting a contract or grant with the Washington Military Department. Federal. law (Executive Order 1.2549) requires Washington Military Department ensure that persons or com-p I anies that contract with Washington Military Department are not prohibited from having federal contracts. What is Executive Order 125499 Executive Order 12549 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 grants to persons, organizations, or companies who have been excluded from participating in federal contracts or grants, Federal agencies have codified this. ement in their individual agency Code of Federal Requiatio's (CFR ). re -1 1 . n s What is the Purpose of this certification? The purpose of the certification is for you to tell Washington Military Department in writing that you have not been prohibited by federal agencies from entering into a federal contract. What does the word "Proposal" mean when referred to in this certification? Proposal means a solicited or unsolicited bid, application, request, invitation to consider or similar communication from you to Washington Military Department. What or who is a "lower tier participant''? Lower tier participants means ans a person or organization that submits a proposal, enters into contracts with, or receives a grant from Washington Military Department, OR any subcontractor of a contract with Washington Military Department. If you hire subcontractors, you should require them to sign a certification and keep it with your subcontract. What is a covered transaction when referred to in this certification? Covered Transaction means a contract, oral or written agreement, grant, or any other arrangement where you contract with or receive money from Washington Military Department. Covered Transaction does not include mandatory .entitlements and individual benefits. Sample Debarment, Suspension, Ineligibility, Voluntary Exclusion contract Provision Debarment Certification. The Contractor certifies that the Contractor is not presently debarred., suspended, proposed for debarment, declared d ineligible, or voluntarily excluded from participating in this Contract by any Federal department or agency. If requested by Washington Military Department, the Contractor shallcomplete p- a Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion form. Any such form completed by the Contractor for this Contract shall be incorporated into this Contract by reference. Washington Military Department Homeland Security Grant Program Agreement Date: i� -1� �3 BOARD OF COUNTY COMMISSIONERS GRANT COUNTY, WASHINGTON Rob d,6es,�air ATTEST: .Cindy C*ter, Vice- air B rbara J. s ue erk of the ar Danny St6ne, Member APPROVED AS TO FORM: Ikebekah M. K@,,yfor,--WSBA #53257 Grant County Prosecutor's Office Chief Civil Deputy Prosecuting Attorney Date: P��3