HomeMy WebLinkAboutAgreements/Contracts - Sheriff & Jail (003)GRANT COUNTY
COMMISSIONERS AGENDA MEETING REQUEST FORM
(Must be submitted to the Clerk of the Board by 12:00pm on Thursday)
REQUESTING DEPARTMENT: Grant County Sheriff's Office Emergency Management
REQUEST SUBMITTED BY: MIC'eya Garcia
CONTACT PERSON ATTENDING ROUNDTABLE: Mireya Garcia
CONFIDENTIAL INFORMATION: ❑YES ® NO
DATE: 0 1 /1 $/224
PHONE:509-906-6831
�- MRE-E M,
®Agreement / Contract
❑AP Vouchers
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177
i i 9 Will
This is a Federal grant in the amount of $55,186. The grant agreement begins 06/01/2023 and ends 09/30/2024.
This award is to prepare for all hazards through sustainment and enhancement of the Emergency Management program described in the grant work plan.
DATE OF ACTION:�-
APPROVE: DENIED ABSTAIN
D1:
D2:
D3:
DEFERRED OR CONTINUED TO:
K-24-014
!Washington State Military Department
EMERGENCY MANAGEMENT PERFORMANCE GRANT AGREEMENT FACE SHEET
1. Subrecipient Name and Address: 2. Grant Agreement Amount: 3. Grant Agreement Number:
County of Grant _$55,186 E24-286
Sheriff s Office, Emergency Management Division (SMD}
35 C Street NW Ephrata, WA 98823-1685
4. Subrecipient Contact, phone/email: 5, Grant Agreement Start Date: 6. Grant Agreement End Date
,Josh Sainsbury, 549-750-7306 June 1, 2023 September 30, 20.24
'sainsbu rantcoun wa. ov
7. Department Contact, phonelem;ail 8. Unique Entity Identifier (UEI): 9. UBI, # (state revenue}:
Deborah. Hendersons 253-512-7470 ZL6WM26K8KR5 136000-784
deborah henderson m11rwa. 9 ov
10.. Funding Authority:
Washington State Military Department (the "DEPARTMENT") and the, U.S. Department of homeland Security (DIES)
11. Federal Award ID # (FAIN): '12. Federal Award Date; 13, Assistance Listings # & Title:
EMS -2023 -EP -0000 912't/2023 97.042 23EMPG
18 EiN:
14. Total Federal Amount: 1, Program Index # &OBJ/SUB-OBJ;
$79585,716 733PT NZ 91-6001319
17, Service Districts. 18>. Service Area by Gounty(ies); 19. Women/MinorityOwned, State
(BY LEGISLATIVE DISTRICT): 12, '13 Grant Certified; N/A NCS
BY CONGRESSIONAL DISTRICT): 4 d YES,, OMWBE #
20, Agreement Classification, 21. Contract Type (check all that apply).
El Personal Services ❑ Client Service$ Public/Local Gov't ❑Contract Grant Agreement
Research/Development ❑ A/E ❑ Other Cl Inter overnmental RCW 39s,34 interagency
23. Subreci dent Type . check all that apply)..
22. Subrecipient. Selection Process; p yp ( p: �'
M "To all Who apply & qualify" ❑ !competitive Bidding` R. Private Organization/lndividval ❑ Four"Profit
Sole Source C .A/E RCW p N/A ❑X Public Organization/Jiurisdiction Non -Profit
Cl Filed w/OFM? ❑ Advertised? ❑ YES ❑ NO ❑ CONTRACTOR d SUBRECIPIENT 0. OTHER
-24, PURPOSE & DESCRIPTION`
( )p g i p
The purpose :of the Fiscal Year (FY) .2023 Emergeric.Y 111lanagement Performance Grant 23EMPG program is to rc vide .U� .
men, of Homeland Security DHS)lFederal Emergency Management Agency (FEMA) Federal award fundi to' s
Departtates to
. y
assist state, local, territorial, art+ -tribal governrnehtg in preparing for all hazards `through sustainme and enhancement of
those programs as described in the Work. Plan.
The De artment is the Recipient and mass -through Entity of the '23EMPG DHS Award tetter for Gant No.
EMS -2W' -'EP -00002
p
which is `incur orated in and :attached hereto as,Attachment C and has made a subaward of Federal award. funds to
("Grant"), p .
r i •
the Subrecipient pursuant to this A� reement, The Subrecipient is accountable to the Departmentfor-use of Federal award. funds
ruvided under this A reement and the associated matchin funds.
and Subreci lent ackhoWledge and accept the terms,of this Agreement, including all referenced
IN WITNESS WHER'E01=, the Departmentp
hereb incur orated in and roads` e. part hereof, and have executed this,Agroement as of the date below `T is
Attachments which: are y , . p
rns Conditions Atte hi�nont A' ;General Terms and Conditions'(Attachment B); .2 EIvIC'G Award Letter
Agreement Face Sheet; Special Ter ( )
(Attachment C Wori Plan Attachrne t I }Timeline (Attachment E) Budget. (Attachment F), Buil merica,
EMS -2023 -EP -00032 (Alt ), ( :. Buy
elf -Certification (Attachment G);and all other documents expressly referenced and incorporated herein contain al e terms
America Act S (.
No other understandings,
and conditions agreed upon by the parties and govern the.: rights and Obligations of the parties to this Agreement,
g
oral or otherwise, regarding the subject matter of this Agreement shall. be deemed to exist or to bind any of the:parties hereto.
In the event of an inconsistency inthis Agreement, unless otherwise provided herein, the inconsistency shell be resolved by .giving
precedence in the following order:
1. Applicable Federal and State Statutes and Regulations A. Specs, Terms and Conditions
2� DHS/FEMA Award and program documents 6. General Terms and Condition , •arid,
iJr Werk Plan, Tinnel ne, and Budget 6: Other provisions of the .Agreernent incorporated by reference
WHEREAS, the parties hereto have executed this Agreement on the day and ye r last spe ifie ow`.
FOR THE DEPARTMENT -.FOR THE T.
Signature Date .Sig a Date
nt ount Sheriff's Office
Regan Anne Hesse; Chief Financial Officer o i Sheriff, y
Washington State Military Department
B(JILERPLA
TE APPROVED AS TO FORM: Ygnature Date
Diem Meierbachtol August 1, 2023 Josh Sainsbury, Chief D uty, Granit County Sheriffs Office
Assistant Attorney GeneralAPPROVED AS TO FORM (if applicable}
Signature Date
DHS-FEMA-EMPG-FY23 Page 1 of 42 Grant County, E24.286
Aftachment A
SPECIAL TERMS AND CONDITIONS
ARTICLE I. KEY PERSONNEL
The individuals listed below shall be. considered key personnel for point of contact under this Agreement. Any
substitution of key personnel by either party shall be made by written notification to the current key 'Personnel.
I
.,;11RRFr,1P1FNT DEPARTMENT
Name
Josh Sainsbury
Name
Deborah Henderson
Title
Chief Deputy
Title
Program Coordinator
Email
Phone
IN jsainsbury@granteountywa.gov
509-760-7306
Email
Phone
deborah.henderson@mil.wa.gov
263-612-7470
Name
Joe Kriete
Name
Peter Drance
Title
Email
Phone
Sheriff
j1kriete@grantcountywa_._gov
609-764-2011
Title
Email
Phone
Program Manager,,,
peter.drance@mil.wa.gov
253-512"7322
Name
Mire Garcia
Name
Grant Miller
Title
Emergency Management Specialist
Title
Program Assistant
Email
mxgarcia@grantcountywa.gov
Email
grant.miller@mil.wa.gov
Phone
609-906-6831
Phone
253-612-7061
Name
Name
Sierra Wardell
Title
Title
Financial Op rations Section Manager
Email
Email
sierra.wardell@mil,wa.g v
Phone
1
Phone
1 63-612-7121
ARTICLE II. ADMINISTRATIVE AND/OR FINANCIAL REQUIREMENTS
The Subrecipient shall comply with all applicable state and federal laws, rules, regulations, requirements and
program guidance identified or referenced in this Agreement and the informational documents published by
DHS/FEMA applicable to the 23EMPG Program, including, but not limited to, all criteria, restrictions, and
requirements of The Department of Homeland Security (DHS) Notice of Funding Opportunity (NOF4) Fiscal
Year 2023 Emergency Management Performance Grant (EMPG) Program document, the Fiscal Year 2023
Preparedness Grants Manual, FEMA Manual (FM) 207-22-0001 Version 4, 2023 (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 that since this Agreement involves federal award funding, the performance
period may begin prior to the availability of appropriated federal funds. The Subrecipient agrees that it will not
hold the Department, the state of Washington, or the United States liable for any damages, claim for
reimbursement, or any type of payment whatsoever for services performed under this Agreement prior to
distribution of appropriated federal funds, or if federal funds* are not appropriated or in a particular amount.
A. STATE AND FEDERAL REQUIREMENTS FOR DHSIFEMA PREPAREDNESS GRANTS:
The following requirements apply to all DHS/FEMA Preparedness Grants administered by the
Department.
'1. SUBAWARDS & CONTRACTS BY SUBRECIPIENT
a. The Subrecipient must make a case-by-case determination whether each agreement it
makes for the disbursement of 23EMPG 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 Subrecipient becomes a pass-through entity by making a subaward to a non-federal
entity as its subrecipient:
i. The Subrecipient must comply with all federal laws and regulations applicable to
pass-through entities of 23EMPG funds, including, but not limited to, those
contained in 2 CFR 200.
DHS-FEMA-EMPG-FY23 Page 2 of 42 Grant County, E24-286
The Subrecipient shall require its subrecipient(s) to comply with all applicable
state and federal laws, rules,regulations, requirements, and program guidance
identified or referenced in this Agreement and the informational dbcurnents
ublished by DHS/FEMA applicable to the 23EMPG Program, including, but not
limited to, all criteria, restrictions, and requirements of The Department of
Homeland Security (DHS; Notice of Funding Opportunity (NO 0)
Fiscal Year
2023 Emergency Manag►erraenf Performance Grant (EMPG) Program document,
the Manual, the DHS Award Letter for the Grant in Attachment C, and the federal
regulations commonly applicable to DHS/FEMA grants,
The Subrecipent -shall be responsible to the Department for ensuring that all
23EMPG federal award funds provided to its subrecipients, and. associated
matching funds, are used in accordance with applicable federal and state
statutes and regulations, and the terms and conditions of the federal award set
forth in Attachment Q of this Agreement.
2. BUDGET, REIMBURSEMENT, AND TIMELINE
w
I
a Within the total .Grant Agreement Amount, travel, .subcontracts, :salaries,. benefits, p g
rintin ,
.e ur men
q p t, and other goods and services or other budget categories will be reimbursed
on an actual cost basis upon completion unless otherwise provided in this Agreennent
b. The maximum amount .of all reimbursement requests permitted to be suibrriitted under this
Agreement, including the final reimbursement request, is limited, to and shall .not exceed
the total Grant Agreement Amount.
CA if the Subrecipient chooses to include indirect costs within the Budget (Attachment F),
additibnai.docum' entation is required based on the applicable'situation. As described in2
CFR 200.414 and Appendix VII to 2 CFR 200:
if the Subrecipient receives. direct funding from any Federal agency(ies),
documentation of the rate must be submitted to the Department ley Personnel
per the following;
A. More Lthan $35 million, the approved indirect cost rate agreement
negotiated with its. federal cognizant agency:
S. Less than $35 million, the indirect coast proposal developed. i.n accordance
with Appendix VII of 2 CFR 200 requirements,
ii. If theubreci--ient does not receive direct federal funds (i.e., only receives funds
as a subrecipient), -the Subr+e+sipienfi;must eif her elect to charge a de m nim s rate
of ten erten(10%) or o°lo of modified total direct costs or choose to negotiate
_p
a higher rate with the Department. if the latter is preferred, the Subrecipient must
contact Department Ivey Personnel for approval -steps.
d. For travel costs, the Subrecipientpshall comply l with 2 CFR 200.475 and should consult
their internal policies, state. rates set pursuant to RCW 43,03;050 and. RCw 43.03.060 as
now existing or amended, and federal maximum rates set forth at https;//wwwnr;Qsa.acv,
and follow the most restrictive. If travel costs exceed set state or federal limits,, travel costs
shall not be reimbursed without written approval by Department ley Perso-n—ftel
'd
e. Reimbursement requests will include a properly completed State A-! 9 invoice. Form an
Reimbursement Spreadsheet (in the format provided by the Department) detailing the
p
expenditures for which reimbursement is sought, Reimbursement requests must be
submitted to Reimbursements mil.wa. ov no later than the due dates listed 'within the
Timeline (Attachment E).
Reimbursement request totals should be .commensurate to. the time spent processing by
the Subrecipient and the Department,
f. Receipts and/or backup documentation for any approved items that are authorized under
this Agreement must be maintained by the Subrecipient consistent with record retention
DHS-FEMA-EMPG-FY23 Page 3 of 42 Grant County, E24-286
requirements ofthis Agreement and bemade available, upon request by the Department
and auditors.
9. The Subrecipient must request written approval fromDepartment Key Personnel to
waive or extend e due date in the Timeline (Attachment B. For waived or extended
reimbursement due dates, U allowable costs shouldbesubmitted onthe next scheduled
reimbursement due date contained in the Timeline, Waiving or missing deadlines serves
as on indicator for assessing an agency's level of risk of nonmzmp\iaMma with the
ragu|ationa, requirementa, and the terms and conditions ufthe Agreement and may
increase required monitoring activities. Any nequestfor-avve|verorextenaion of a due dote
inthe Timeline will betreated ooarequest for Amendment ofthe Agreement. This request
must be submitted to the Department Key Personnel sufficiently |n advance of the due
date to provide adequate time for Department review and consideration' and may be
granted or denied within the Department's ao\m 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 E) except as otherwise authorized by either (1)
written amendment of this Agreement or (2) written notification from the Department to the
Subrecipient to provide additional time for completion of the Subrecipient's project(s).
i No costs for purchases of-equ U''|_ will be reimbursed until
' the related
equipment/supplies have been received bvthe Subrecipient, its contnaotor, mr:anynon-
federal entity towhich the 8u makes amubawerdand kainvoiced bVthe vendor.
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 Timeline
(Attachment E) will prohibit the Subrecipient from beingreimbursed until such reports and
reimbursement requests are submitted and the Department has had reasonable tim- e to
conduct its review.
h. Final reimbursement requests will not be approved for payment untilthe Subrecipientha
current with al|repVrting-u|rements contained in this Agreement.
I. A written amendment will be required if the Subrecipient expects cumulative transfers to
approved, direct budget categories, as identified in the Budget (Attachment F),. to exceed
ten percent (10%) of the Grant Agreement Amount. Any changes. to budget category totals
not in compliance with this paragraph will not be reimbursed without approval from the
M. 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 a reduction in non-feder-al resourc I es occurred for reasons other than the
receipt or expected receipt offederal funds
3. REPORTING
a- With each reimbursement request the Subreo pient shall report how the expenditures, for
which reimbursement ie sought, relate to the \&odc Plan (Attachment [) activities in the
format provided by the Department.
b. With the final reimbursement request the Subreoip1ent shall submit to the Department Key
Personnel a final report (in the format provided by the Department) describing all
completed activities under this Agreement,- status of training course completion by
individual personnel, how the match was met and doournented, and progress made with
NQS implementation.
C. The 8ubreoipient shall oo(npk/ with the Federal Funding Accountability and Transparency
Act (FFATA) and related OMB Guidance consistent with Pub\\c- Law 109-282 as amended
by section 8202(o) of Public Law 110-252 (see 31 U.S.C. 0101 note) and complete and
return to the Department an Audit Certificatinn/FFATA Form. This form is required to be
completed once per calendar year, per Subrenipient' and not per agreement. The
DHS-FEMA-EMPG-FY23 Page 4of42 Grant County, E24'286
4.
Department's Contracts Office will request the. Subrecipient submit an updated form at the
beginning of each calendar year in Which the, Subtecipient has- an active agreement.
d'. To d . ocument compliance with the .National Incident Management System. (NIMS), the.
Subreciplent shall complete the annual NIMS survey conducted by EMD staff.
NIMS COMPLIANCE
a. The National incident Management Svstem(NIMS.) identifies concepts and princ"
ples that
answer how to manage emergencies from preparedness to recovery regardless of their
cause, nationwide approach and
size, location., or complexity. NIMS provides a consistent,
vocabulary for multiple agencies or jurisdictions to work together to build, sustain, and
deliver the core capabilities 'needed to achieve a secure and resilient nation.
Joundation '
b, Consistent implementation of NIMS, provides a solid across Juri dictions, and
'disciplines to ensure effective and 'Integrated preparedness, Pla:nning, and response.
ponse,
NIMS empowers the componen ts of the National Preparedness System a requirement .of
Presidential Policy Directive . 8, to .guide activities Within the.public and private sector and
describes the planning, organizational activities, e quipping training, exercising
needed to build and sustain the core capabilities in support of the National Preparedness
Goal..
C. In -ofu
order to receive federal preparedness funding . n,g from the Department, the Subrecipient
mu I st ensure' and maintain a'd'option and implementation of NIMS. See Agreement
.
Attachment A, Article le I I section s c, for associated reporting -reqLoreMents. The List of
p ectives used for progress and achiev' be found �at
achievement reporting can
htts,-I/www'.femclgov/emergg
en-managers/ni'ms/im lementation-tr
P
d. Beginning with 23EMPG, F'EMA, is re oid phased �implementation of the National
,g quiring
Qualification System (NQS) for EMPG sub
recipients. The NQS Implementation Objectives
reflect the concepts and principles contained in NQS doctrine and aim to Oro -Mote
considered consistency in NQS implementation nationwide. Subrecipients will be co in
compliance lia co with NQS -requirements as long as the are working towards implementing the
NQS, Implementation Objectives can be found at
ht'tos://www,fema.,gov/sites/d'efa'u*lt/files/doc*u MehtsJfOma nims-ng's--imo ementation-
obioctives fact-sheet.ndf, Only EMPP-funded deployable personnel (determined by the
Subrecipient) will be required to meet NQS certification requirements.
For 23EM PGNQS Phase I of implement tion, Sd.
broti tents must:
i. Document the plan for implementation. . of NQS to include. a timel.ine and an analysis.
of which positions are subject to the requirement. FEMA has. created an optional
temipl.a.te. which can be. found at
h 't PSI/www.fema..qov/sites/��defa,vit/film
,es/docuents/��fema ing -sari p
t .
implemetation-plan. iD tx.; All. plans should be kept with,Agreement documents.
ii. Describe the status of implementation as a part. of ther annual NIMS survey
conducted by EMD staff at the end of the calendar year.
His Note Within the EMPG final. report which EM.PG funded personnel are categorized
as deployable and status of implementation, P a
. plemontation, as applicable.
- ble.
E - QUIPMENT AND SUPPLY MANAGEMENT
81, The Subrecipient and any non-federal entity to which the Subrecipient makes a subaward
Shall comply with 2 CFR 2,00.3 17 through- 200.327, and all Washington State procurement
statutes, when procuring any equipment or supplies under this Agreement, 2. CFR 200.313
for management of equipment, and 2 CFR 200.314 for management nag.ement of supplies, to
include, but not limited 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
DHS-FEMA-EMPG-FY23 Page 5 of 42 Grant County, E24-286
subaward, for which a contract, Subrecipient grant agreement, or other means
of legal transfer of ownership is in place.
All equipment, and supplies as applicable, purchased under this Agreement will
be recorded and maintained in the Subrecipient's inventory system.
Inventory system records shall include:
A. Description of the property
B. Manufacturer's serial number, or other identification number
C. Funding source for the property, including the Federal Award 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 property at the date the information was
reported
1. 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 the property records at least once
every two years. Any differences between quantities determined by the physical
p
inspection and those shown in the records shall be investigated by the
Subrecipient to determine the cause of the ' difference. The Subrecipient shall, in
connection with the inventory, verify the existence, Current utilization, and
continued need for the equipment.
V. The Subrecipient shall be responsible for any and all operational and
maintenance expenses and for the safe operation of the equipment and supplies
including all questions of liability. The Subrecipient shall develop appropriate
maintenance schedules and procedures to ensure the equipment, and supplies
asapp livable, are well maintained and kept in. good operating condition.
vi, The Subrecipient shall develop a control system to ensure adequate safeguards
to prevent loss, damage, and theft of the property. Any loss, damage, *.or theft shall
be investigated, and a report generated and sent to the Department's Key
Personnel.
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 ori0ina.1 or replacement supplies or equipment acquired under a federal
award are no longer needed for the original project or program or for other
activities currently or previously supported by a federal awarding agency, the
Subrecipient must comply with the following procedures:
A. For Supplies: 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 I sell them, but must, in either case, compensate the federal government
DHS-FEMA-EMPG-FY23 Page 6 of 42 Grant County, E24-286
for its share. The amount of compensation must be computed in the-, same
manner as for equipment.
B. For Equipment:
1 items W-1 I th a current per-unit fair -market value of $5,0.00 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-unif fair -market value in excess ,of $5,000
may be retained or sold. The -Subrecipie'nt shall compensate the
federal avard.ing agency in accordance with the requirements of 2
CFR .200.313 (e) (2).
ix. Records for equipment shall be retained by the Subrecipient for a period of six
years from the date, of the disposition,' replacemen4t , or transfe t. If any 'litigptiwon,
d, the records
it is started before the expiration of the six-year period, claim, audit afted b audit u -
shall be retained by the Subre-dpient until a.11 litigation., claims, or findings
involving the .records `havebeenresolved.
Re, Process
b. The Subre-cipient shall comply with_the Department. Purchase sv Review which is
incorporated by reference nce.and made of this Agreement. _No _reimbursement Will b*
provided unless the appropriate a al has been received.
approval
Allowable equipMe.Mcate.gories for thet
program are, I.isted on the Authorized
co . ' : grant
Equipment List GAEL) located on the FEMA weosite, at
h.ttp-s://w\ivw,.fem'a.�ov/g'rants/g-ui'dance-toolstauthor'ized.-reciu'i*pn ent.48t. It is important that
the Subrecipient and any - h o n -federal entity to which the Subrec pient makes a su award.
regard the AEL as an authorized purchasing list identifying items allowed under the
sP ecific orant program; the AEL includes items that 'may- not categoriZed as equipment
and tribal definitio c . i-pienrt
td.4gtothefedera] state local ns of equipment. The Subre
according
is solelyresponsible for :ensuring and documenting purchased iters under this Agreement
areauthorized as allowed items by the AEL at time of purchase.
If the 'Item , is not identified on the AEL as allowable under the grant program, the
S ub' Personnel for aS sl sta hoe in. seeking FEMA.
recipi,eht.ML15t contact the Department Key Pe'
approval to acquisition.
oSiti"
n
d, Equipment nt purchases (those With a current per-unit fair market value in excess of
.rne
"identified and explained to the Depart ent. Ilse management;. and
$5.1000 must be 1. m 9
disposition of such Oq'uiphieht.is, subject torequirements outlined in.2 GFR 20.0.31.31.
n
-
Before making such purchases, the subrecipient should analyze the cost benefits of
purchasing versus I easing equipment, especially those subject to. rapid technical
,advances.
11 y regulatory
e. Unless expressly provided otherwise, all equipment, must meeta man ator. r . ulatory
state and DHS/FEMA adopted standards, to, be eligible for purchase using federal award.
funds.
f. If funding is allocated to support emergency communications activ itiesthe u recipient.
S b
must ensure that all projects comply with 8AFECOM Guidance. on Emergency
Communications Grants., located at httvs*1/wwwcisagov/safeconn/fundis including
previsions on technical standards that ensure and. enhance interoperable
communications,
9. Effective August 13, 2020, FEMA recipients and subrecipients, as well as their contractors
and subcontractors, may not obligate or expend any FEMA award fundsto.
i. Procure or obtain any equipment, system, or service that uses covered
'
telecommunications equipment or services as a substantial or essential
component of any system, or as critical technology of any system;
DHS-FEMA-EMPG-FY23 Page 7 of 42 Grant County, E24-286
ii. Enterinto, extend, or renew a contractto 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; nor
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.
Thisprohibition regarding certain telecommunications and video surveillance services or
equipment is mandated by section `889 of the ,John S. McCain National` Defense
Authorization Act for Fiscal Year 2019 (FY 2019 NDAA Pub. L. No. 1'15-232 (2 8 an
2 CFR 200.2 200.327, 200.E?1, and Appendix It to 2CFR200. Recipients and
subrecipients may use DHS/FEMA grant funding tQ 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)43) of the FY 2019 NDAA, and 2 CFI 200.216, covered
telecoM.Municat ons equipment or services means:
iv. Telecommunications equipment produced by Huawei Technologies Co.rnpany or
ATE :Corporation (or any subsidiary or affiliate of such entities)
V. For the purpose of public safety, security of government facilities, physical security
surveillance of critical infrastructure, and other national security purposes, video
surveillance and telecommunications equipment produced.by Hytera
Communications Corporation, Hangzhou Hikvision Digital Technology Company;
or Dahua Technology Company (or any ,subsidiary or affiliate of such entities);
vi Telecommunications or video :surveillance services provided by such entities or
using such equipment;. or
vii. Telecommunications or video surveillance :equipment or services produced or
provided by an entity that the secretary of Defense, in oonsultatibn with the
Director of National Intelligence or the Director of the Federal 'Bureau of
Investation; reasonably believes to be an entity owned or controNledyi or
otherwise. connected to, the government of a covered foreign country.
h. The Subredpient .must pass through equipment and supply management. requirem . s
that meet or exceed the requirements outlined above to any non--federa.1 entity to which
the Subrecipient snakes asubaward under this Agreement.
6. ENVIRONMENTAL AND IHISTOR.I AL RRESERVATION
a. The Subrecipient shall ensure fullcompliance with the DHS/FEMA Environmental
Planning and Historic Preservation (EHP) program. EHP program information can be
found at -htt s //www.fema.. ov/ rantsl uidance�toolslenvironn ental historic all of which
are incorporated in and. made a part of this Agreement.
b. Projects that have historical impacts or the potential to impact the environment, including,
but not limitedto, construction of communication towers modification or renovation of
existing buildings, structures and facilities; or new construction including replacement of
facilities must, articipate in the DHS/FEMA EHP review process prior to initiation.
Modification of existing buildings, including minimally invasive improvements such as
attaching monitors to interior walls, and training or exercises occurring outside in areas
not considered previously disturbed, also require a DHS/FEMA EHP review before project
initiation..
C. The EHP review process involves the submission of a detailed project description that
includes the entire scope of work, including any alternatives that may be under
consideration, along with supporting documentation so FEMA may determine whether the
proposed project ro osed ro'ect has the potential to impact environmental resources and/or historic
properties.
DHS-FEMA-EMPG-FY23 Page 8 of 42 Grant County, E24-286
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 FEIVIA approval received by the Subrecipient before
any I work is started for which reimbursement will be later requested. Expenditures for
projects started before completion of the EHP review process and receipt of approval by
the Subrecipient will not be reimbursed.
7. PROCOREIVIEN.T
The Subrecipient shall comply with all procurement requirements of 2 CFR Part 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 2 CFR 200.1,
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 requesting and reviewing pre -procurement documents.
b. For all sole source contracts expected to exceed the micro -purchase threshold per 2 CFR
20 1 0.11 the Subrecipient must submit justification to the Department for review and
approval. 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 justifications to any non-federal entity to which
Subrecipient 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 (2021); and Executive
Order 1 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.
ii. All manufactured products must be produced in the United States. For a
manufactured product to be considered produced in the United States, the cost of
the components of the manufactured 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 to non -infrastructure spending under
an award that also includes a covered project. A domestic. preference applies to an entire
I infrastructure project, even if it is funded by both federal and non-federal funds under one
or more awards.
i. Domestic preferences under BABAA only apply to articles, materials, and supplies
that are consumed in, incorporated into, or affixed to an infrastructure project. As
such, it does not apply to tools, equipment, and supplies, such as temporary
scaffolding, brought to the construction site and removed at or before the
completion of the infrastructure project. Nor does a domestic preference apply to
equipment and furnishings, such as movable chairs, desks, and portable computer
equipment, that are used at or within the finished infrastructure project but are not
an integral part of or permanently affixed to the structure.
ii. Infrastructure, for the purposes of BABAA, includes, at a minimum, the structures,
facilities, and equipment for, in the United States, roads, highways and bridges;
DHS-FEMA-EMPG-FY23 Page 9 of 42 Grant County, E24-286
public transportation; dams, ports, harbors and other maritime facilities; intercity
passenger and freight railroads; freight and intermodal facilities; 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 rement is
waived by FEMA. Contractors and subcontractors must certify that no federal
financial assistance 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, §§ 70901-52.
Contractors and subcontractors shall also disclose any use of federal financial
assistance for infrastructure projects that does not ensure compliance with BABAA
domestic preference requirement. Such disclosures shall be forwarded to the
Subrecipient who will forward them to the Department who, in turn, Will forward the
disclosures to FEMA. The Build America, Buy America Act Self -Certification form
is included herein as Attachment G.
If the Subrecipient is interested in applying for a waiver,, the Subrecipient should contact
the Department Key Personnel to determine the requirements. All waiver requests must
include a detailed justification I for the use of goods, products, or materials mined,
produced, or manufactured outside the United States and a certification that there was a
good faith effort to solicit bids for domestic products supported by terms included in
requests for proposals, contracts, and nonproprietary communications with potential
.suppliers.
8. SUBIRECIPIENT MONITORING
a. The Department will -mon.itor the. activities of the Subrecipient from award to closeout. The
goal of the Department's monitoring activities is to ensure that su,brecipien.ts receiving
federal pass-through funds are in compliance with this Agreement, federal and state audit
requirements, federal grant g I uidance, and applicable federal and state financial
regulations,, as well as 2 CFR Part'.200 Subpart F.
b. To document compliance with 2 CFR Part 2.00 Subpart F requirements, the Subrecipient
shall hall complete and return to the Department an Audit CertificationIFFATA form. Reporting
requirements are referenced in section 3.c.
C. Monitoring activities may include, but are not limited to:
L Review of financial and performance reports
ii. Monitoring and documenting the completion of Agreement deliverables
iii. Documentation of phone calls, meetings (e.g. agendas, sign -.in sheets, meeting
minutes), e-mails and correspondence
iv. Review of reimbursement requests and supporting documentation to ensure
allowability and consistency with Agreement work plan, budget, and federal
requirements
V. Observation and documentation of Agreement related activities, such as
exercises, training, events, and equipment demonstrations
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.
DHS-FEMA-EMPG-FY23 Page 10 of 42 Grant County, E24-286
d. The Subreci ient is required to meet or exceed the monitoring _activities, as outlined
above, for any non-federal entity to which the Subrecipient makes a. subaward as a pa's's -
through entity under this Agreement.
e. Compliance will be monitored throughout the performance period to assess risk, Concerns
will be addressed through a Corrective Action Plan.
LIMITED ENGLISH PROFICIENCY (CIVIL RNGHT .AST` of '� 964 TITLE VI)
The Subrecipient .must comply with the Title VI of the Civil Rights Act of' 1964 (Title VI) prohibition
against discrimination on the basis of national origin, which requires that subrecipients of federal
g
financial assistance take reasonable steps to provide meaningful access to persons with limited
English prof LEP) to their programs and services. Providing meaningful access for
g p Y� )
.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 111 2(00}, requires federal agencies to issue guidance to
recipients, assisting such organizations and entities in understanding their anguage access
obi ,tions. DHS published the required recipient .guidance in April 2011. DHS Guidance to
Lg p,
Federal Financial Assistance Recipients regarding Title `til.( Prohibition Against National CJrigin.
g gi .,C 'p
Discrimination. Affecting Limited English Proficient Persons, 76 Fed Reg. 2'17��-21768 Aril 18,
2011). The Guidance provides helpful information such as how a recipient,can deterrr,�ne the
ectent of its obligation to provide language services selecting language services, and elements
of an effective plan on language assistance for LEP persons. For additional assistance and
.information regarding Ianguage access. obligations, please refer to the DHS Recipient Guidance
at htt s //%ww.dhs. ovl uidance-' ubl.ished-hel -de artment-su orted-or anizations- rpvide-
rneanin ful -access- ea le- united and additional resources on',https;Jlwww.lep..doy.
EMPG PROGRAM SPECIFIC REQUIREMENTS,
The Deh artment receives EMPG funding from DHS/FEMA, `to assist state, local, and tribal. governments
to enhance and sustain all -.hazards emergency .manag_ement capabilities as authorized, by Robert T
Stafford Disaster Relief and Emergency Assistance Act., as amended (42 U.S.C. § 5121 et sect.) an
Section 662 of the Post Katr na ,Emergency Management Act ( i..l.s.c. § 782).
Ap ortion -of the :grant program is. passed through to local jurisdictions and 'tribes with emergency
w
-
managen�ent programs to supplement their local/tribal, operating budgets to :help sustain and enhance
timer gency r�nanagement capabilities. pursuant to Washington Administrative Code (WAC) 18709.
a, The 5ubrecip 'ient shall use the EMPG funds authorized under this Agreement only to perform
tasl�s as described in the work Plan(Attachment D) and. the Subrecipient's approved application
for funding, incorporated into this Agreement:
b. Funding may not be used to replace or supplant non-federal funding of emergency management
_ g y
programs,
i
C. The Subrec p ant shall provide a fifty percent (50%),cash match from non-federal sources
Federal share applied toward the EMPG budget shall not exceed fifty percent of the total budget
as submitted:and approved in the application and documented in the Budget (Attachment. F). To
meet matchingre uirements, the Subrecipient';s cash snatching contributions must be verifiable,
q
reasonable, allowable,, allocable, and necessary under the grant program and must .comply with
all state :and Federal requirements and regulations, including, but not limited to, 2 CFR Part 200.
An appropriate mechanism must be in place.. to capture, track, and document matching funds.
The Subreci ient shall participate in the State's Stakeholder Preparedness Review (SPR.), Threat
d. p p p
and Hazard Identification and Risk Assessment (THIRA), core capabilities assessments, and data
calls. Non -participation may result in withholding of funding under future grant years.
ub ec ients shall participate in the Staters Integrated Preparedness Planning Workshop
e. S r
p • � p • p r future rant ears..
(IPPW), Non -participation may result in withholding of funding under g y
f. If
funding is allocated to non -DHS FEMA training, the Subrecipient must request ries written
approval from the Department Key Personnel before attending the training. The Department will
pp p ' Pursuant to 'DHSIFEMA Grant
coordinate approval with the State Training Point of Contact.
DHS-FEMA-EMPG-FY23 Page 11 of 42 Grant county, E24-286
Programs Directorate in -formation Bulletin No. 432, Review and Approval Requirements for
Training Courses Funded. Through Preparedness Grants,
https:Hwww.fema.qov/s'ites/default/files/2020-
04/Traininc.l Course Review and Approval IB Final 7 19 B. df, the training must fall within
s
the FEMA mission scope and be, in a.lignment,.with the, Subrecipient.'s Emergency OperationPlan.
This requirement only applies to training ain.ing courses and does not include attendance at conferences.
Furthermore, additional federal approvals are required for courses that relate to Countering
Violent Extremism pr[or to attendance.
9. All personnel fundedin any part through federal award or matching funds under this Agreement
shall complete and record goof of cohipletion of:
I'
NIMS training IndependentStud(IS),. IS -1 00., IS-200,.IS-700,, and IS -800, and
:Y
ii. Either'the FEMA Professional Development Series (PDS) IS -120, IS, -230,1 IS -.21351 IS -240-1
IS -241, IS -242, and IS 244, ot (2) the Emergencynals, Program
Management Professio
{EMPP) Basic Academy IS -230, E/L1 01, E/L 102, E/L1 03, E/1-1 04 and E/L105..
C. DHS TERM S AND CONDITION'S
t comply with all. applicable DHS terms and
As a Subrecipien of 23EMPG funding, the Subreci.plent shall co ly wi plic
conditions of the 23EMPG Award Lefter and its incorporated documents for the Grant, which are
incorporated and made a part, of this Agreerne.nta's Attachment C.
DHS-FEMA-EMPG-FY23 Page 12 of 42 Grant County, E24-286
Attachment B
Washington State Military Department
GENERAL TERMS AND CONDITIONS
Departme nt of Homeland Security (DHS}/
Federal Emergency Management Agency (FEMA)
Grants
A-1 DEFINITIONS,,
As used throughout this Agreement, the terms will have the same meaning as defined in 2 CFR 200
Subpart A (which is incorporated herein by reference), except as otherwise set forth below:
a. "Agreement" means this Grant Agreement. I
b. "Department" means the Washington State Military Department, as a state agency., any division,
section, office, unit or other entity of the Department, or any of the officers or other officials lawfully
representing that Department. The Department is a recipient of a federal award directly from a
federal awarding agency and is the pass-through entity making a subaward to a Subredpient
under this Agreement.
C. "Investment" means the grant application submitted by the Subreciplent describing the project(s)
for which federal funding is sought and I provided under this this Agreement. Such grant application
is hereby incorporated into this Agreement by reference.
d. "Monitoring Activities $1 means all administrative, financial, or other review activities that are
conducted to -ensure compliance with all state and federal laws, rules, regulations, authorities,
and policies.
e. "Stakeholders Preparedness Report (SPR)" The SPR is an annual three-step self-assessment
'
i
of a community"s capability levels based 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 a subaward
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 (T'HIRA)" The THI RA 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 outputs. from this process lay the
foundation for determining a community's capability gaps during the SPR process.
A.2 ADVANCE PAYMENTS PROHIBITED to be provided
The Department shall make no payments in advance or in anticipation of goods or services
under this Agreement. Subrecipient shall not invoice the Department in advance of delivery and invoicing
of such goods or services.
A.3 AMENDMENTS AND MODIFICATIONS
The Subrecipient or the Department may request, in writing, an amendment or modification of this
Agreement. However, such amendment or modification shall not be binding, take effect or be
incorporated herein until made in writing and signed by the authorized representatives of the Department
9
and the Subrecipient. No other understandings or agreements, written or oral, shall be binding on the
parties.
The Agreement performance period shall only be extended by (1) written notification of DHS/FEMA
approval of the Award performance period, followed up with a mutually agreed written amendment, or (2)
written notification from the Department to the Subrecipient to provide additional time for completion of
the Subrecipientis project(s).
A.4 AMERICANS WITH DISABILITIES ACT (ADA) QF 1990, PUBLIC LAW 101-3361 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-EMPG-FY23 Page 13 of 42 Grant County, E24-286
A:5 ASSURANCES
The Department and Subrecip ent agree that all activity pursuant to this Agreement will be in accordance
with all the applicable current federal, state and local laws., rules and regulations,
A.6 CERTIFICATION REGARDING DEBARMENT SUSPENSION OR INELIGIBILITY
As federal. funds are a basis for this Agreement, the Subrecipient certifies that the Subrecipie.nt is not
presently deb suspended,. p ro
debarred., ended osed for debarment, declared ineligible, or voluntarily excluded from
.. P
participating in this Agreement by any federal department or agency.
hall corn Fetes n, and return a Certification Regarding Debarment, Suspension,
The Subrecipient s p , g
heli ibilit and Volunta Exclusion form located. at hops•//mil wa.gov/reguiredgrantforms• Any such form
completed b the Subrecipient for this Agreement shall be incorporated into this Agreement b'y re erence..
p �
Further, the Subrecipient agrees to comply with all applicable federal regulations concerning tee era
system:, ncludn 2 CFR Part 80. The Subrecipient certifies that twill ensure
debarment and suspensiony g
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 goods or services awarded under a non -procurement transaction (e.g., grant or cooperative
c_
�
a reement that are expected to equal or exceed $25,009, and subawards. to subrecipients for any
agreement)
amount. With respect to covered 'transactions, the Subrecipient may comply with this provision by
obtaning a certification statement from the potential confiractor or subreciptent or by
checking the System
The Subrecipient
for Award Management (htt0sJ/sam.Q,oy/SAMI maintained b th+ " federal overnment.} y gI
also agreesy
not to enter into an arrangements or contracts with any party on the Washington State
De artment of Labor and Y Industries' "Debarred Contractor List"
pY
htt tke/Co
:l/secure.lni.wa. ov/debarandsr ntractorDebarL:ist.as x.� The Subrecipient also. agrees no
o `n a `reements or contracts for the purchase of :goods and services - th :any party an the
to enter int a y g
Department of Enterprise Services Debarred Vendor List (https //www.des.,w.a. ov/serv'ices/contractin
urchas"n /doin business= dor
state/venydebarment}.
A.7 CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING
As required b* 44 CFR Part 18, the Subrecipient hereby certifies that to the best of its knowledge an
y
belief: 1 no federallyppropriafied funds have been paid or will be paid by or on behalf of the
ubreGipient to any person for influencing or attempting to influence an `officer or employee o an agency,
a Member of Congress, an officer .r employee of Congress, or an employee of a Member o Congress
in connection with the awarding of any federal contract, the making of any federal grant, the..making o
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; t2
that if an funds other than federal appropriated funds have been paid or will .be paid to any person or
influencing or attempting to influence an officer or employee of ,any agency, a Member of Congress., an
r or ern Io ee of ion rens, or an employee of a Member of Congress in connection with this
office p y g
Agreement, grant, ,
loan or cooperative agreement, the Subrecipient will complete and submit Standard
Form -LLL "D sclosure orris to Report Lobbying, in accordance with its instructions; (3) and that, as
{cable theill require that the language of this certification be included in the award
appi ,Subrecipient.
documents for all subawards at all tiers (including Subcontracts, ubgrants, 'and contracts un de 'Carl S,
loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly. is
certification is material representation of fact upon which reliance was placed when this transaction was
into and is a prerequisite for making or entering into this transaction imposed by 31
made or enteredp q
U.S.C. 1352
A.8
COMPLIANCE WITH APPLICABLE STATUTES RULES AND DEPARTMENT POLICIES
The Subrecipient and all its contractors and subrecipients shall comply`nrith., and the Department is not
resp onsible for determining compliance with, any and all applicable federal, state, and local laws,
reg,
ulations 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),
h Disabilities Act(ADA),A e Discrimination Act of 1975, TitleVj of the Civil Rights Act
fihe Americans wit g
1964 Civil Rights Act of 1968, the Robert T. Stafford Disaster Relief and Emergency Assistance Act,
of , g
3-288 as amended Ethics in Public Service (RCW 42.52), Covenant Against Contingent Fees (48
(PL � �' • � � s RCU1/
CFR Section 52.263-5), Public Records Act (RCW 42.56), Prevailing Wages on Public Work (
39.12), State Environmental Policy Act (RCW43.21C), Shoreline Management Act of 1.971 (R:CW 90.58),
DH
S-FEMA-EMPG-FY23 IPage 14 of 42 Grant County, E24-286
State Building Code (RCW 19.27), Energy Related Building Standards (RCW .1 9.27A), 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 Circular or policy by the Subrecipient, its contractors or subrecipients, the Department may rescind,
cancel, or terminate the Agreement in whole or in part in its sole discretion. The Subrecipient is
responsible for all costs or liability arising from its failure, and that of its contractors and subrecipients, to
comply with applicable laws, regulations, executive orders, OMB Circulars or policies.
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; s; 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
resp
gain or interest, onsibilities with respect to the project during his or her tenure, shall have any personal or pecuniary
direct or .indirect, in any contract, subcontract, or the 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 ment and d of
a. The Subrecipient shall use a competitive procurement process in the procure a award
any contracts with contractors or subcontractors that are entered into under the original
agreement award. The procurement process followed shall be in accordance with 2 CFR Part
200,318, General p I rocurement standards, through .200.327, Contract provisions.
As required by Appendix I I to 2 CFR Part 200, all contracts entered into by the Subrecipient under
this Agreement must include the following provisions, as applicable:
1) Contracts for more than the simplified acquisition threshold 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. 19081
must address administrative, contractual, or legal remedies in instances where contractors
violate or breach contract terms, and provide for such sanctions and penalties as appropriate.
2) All contracts in excess of $10,000 must address termination for cause and for convenience
by the non-federal entity including the manner by which, it will be effected and the basis for
settlement.
3) Equal Employment Opportunity. Except as 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 11 . 246, "Equal Employment Opportunity' (30 FR 12319,
12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375,
"Amending Executive Order 11246 Relating to Equal Employment Opportunity," and
implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance
Programs, Equal Employment Opportunity, Department of Labor."
4) Davis -Bacon Act, as amended (40 U.S.C.. 31,41-3148). When required by Federal program
legislation, all prime construction contracts in excess of '$2,000 awarded by non-federal
entities must include a provision ision for compliance with the Davis -Bacon Act (40 U'S.C. 3141-
3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part
5, "Labor Standards Provision's Applicable to Contracts Covering Federally Financed and
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 contract or subcontract must be conditioned upon the
acceptance of the wage determination. The non-federal entity must report. all suspected or
reported violations to the federal awarding agency. The contracts must also include a
provision for compliance with the Copeland `Anti -Kickback" Act (40 U.S.C. 3145), as
supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and
DHS-FEMA-EMPG-FY23 Page 15 of 42 Grant County, E24-286
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
employme ht of mechanics or laborers must include a provision for compliance with 40 U.S.C,
3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under
40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every
mechanic and laborer on the basis of a standard work week of 40 hours, Work in excess of
the standard work week is 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 dangerous. in surroundings or
wunder orking conditions which are unsanitary, hazardous or These
requirements do not apply to the purchases of supplies or materials or articles ordinarily
available on the open market, or contracts for transportation or transmission of intelligence.
6 Rights to Inventions Made Under,a Contract or Agreement. If the federal award meets the
definition of "funding agreement" 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,regardin-q
the substitution of parties, assignment or performance of experimental, developmental, or
research work under that "funding agreement," the recipient ient or Subrecipient must comply
with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit
Organizations and S I mall Business Firms Under Government Grants, Contracts and
Cooperative Agreements," and any implementing regulations issued by the awarding agency.
71 ) Clean, Air Act (42 U.S.C. 7401-7671q..) :and the Federal Water Pollution Control Act (33
U I 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
. p
Office of the Environmental Protection Agency (EPA).
8) Debarment and Suspension (Executive Orders 1.2549 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 1986 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 certification. Each tier certifies to the tier above
that it will not and has not used federal, appropriated funds to pay any person or organization
for influencing or attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of Congress in
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 up to the non-federal award.
10) Procurement of recovered materials -- As required by 2 CFR 200.323, a non-federal entity
that is a state agency or agency of a political subdivision of a state and its contractors must
comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act. The requirements of Section 6002 include procuring only
items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part
DHS-FEMA-EMPG-FY23 Page 16 of 42 Grant County, E24-286
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 pertaining to copyrights and rights in
data,
13) Access by the Department, the Subrecipient, the federal awarding agency, the Comptroller
General of the United States, or any of their duly authorized representatives to any books,
documents, papers, and records of the contractor which are directly pertinent to that specific
contract for the purpose of making audit, examination, excerpts, and transcriptions,
1.4) Retention of all required records for six (6) years after the Subrecipient has made final
payments and all other pending matters are closed.
15) Mandatory standards and policies relating to energy efficiency which are contained in the
state energy conservation plan 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 the greatest extent practicable under a Federal award, provide a
preference for the purchase, acquisition', or use of goods, products, or materials produced in
the United States, as required in 2 CFR Part 200.322, in every contract, subcontract,
purchase order, or sub -award that is chargeable against 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 (FY 2019 NDAA), Pub. L. No. 115-
232 (201.8).
b. The Department reserves the right to review the Subreciplent's procurement plans and
documents and require the Subrecipient to make changes to bring its plans and documents into
compliance with the req,uirements of 2, CFR Part 200.317 through 200.327. The Subrecipient must
ensure that its procurement process requires contractors and subcontractors to provide adequate
documentation with sufficient detail to support the costs of the project and to allow both the
Subrecipient and Department to make a determination on eligibility of project costs.
C. All contracting agreements entered into pursuant to this Agreement shall incorporate this
Agreement by reference.
A.1 I 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 Subrecipient's responsibilities with
respect to services provided under this Agreement is prohibited except by prior written consent of the
Department. or as required to comply with the state .Public Records Act, other law or court order.
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 Subrecipient,
and a third party mutually agreed upon by both parties. The determination of the dispute resolution board
shall be final and binding on the parties hereto. Each party shall bear the cost for its member of the
dispute resolution board and its attorney fees and costs and share equally the cost of the third board
member.
DHS-FEMA-EMPG-FY23 Page 17 of 42 Grant County, E24-286
A-13 LEGAL RELATIONS
It is understood and agreed that this Agreement is solely for the benefit of the parties to the Agreement
and gives no right to any other party. No joint venture or partnership is formed as a result of this
Agreement.
To the extent allowed by law, the Subrecipient, its successors or assigns, will protect, save and hold
harmless the Department, the state of Washington, and the United States Government and their
authorized agents and employees, from all claims, actions, costs, damages or expenses of any nature
whatsoever by reason of the acts or omissions of the Subrecipient, its subcontractors, subrecipients,
assigns, agents, contractors, consultants, licensees, invitees, employees or, any person whomsoever
arising out of or in connection with any acts or activities authorized by this Agreement.
To the extent allowed by law, the Subrecipient further agrees to defend the Department and the state of
Washington and their 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, 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 is an agency of the Federal government, the following shall apply:
44 CFR. 206.9 "Non -liability. The Federal government shall not be liable for any claim based upon the
exercise or performance of, or the failure to exercise or perform a discretionary function or duty on the
part of a federal agency or an employee of the Federal government in carrying out the provisions of the
Stafford Act.
A.14 LIMITATION OF AUTHORITY — AUTHORIZED SIGNATURE
The signatories to this Agreement re'resent that they have the authority to bind their' respective
p p
organizations izations to this Agreement. Only the Department's Authorized Signature representative and the
Authorized Signature representative of the Subrecipient or Alternate for the Subrecipient, formally
designated in writing, shall have the express, implied, or apparent authority to alter, amend, 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 effective 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 Subrecipient shall have
.signature authority to -sign reimbursement requests, time extension requests, amendment and
modification requests, requests for changes to projects or work plans, and other requests, certifications
and documents authorized by or required under this Agreement.
A.15 LOSS OR REDUCTION OF FUNDING -
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 ail 'or part of the Agreement as
a "Termination for Cause" without providing the Subrecipient an opportunity to cure. Alternatively, the
parties may renegotiate the terms of this Agreement under "Amendments and Modifications" to comply
with new funding limitations and conditions, although the Department has no obligation to do so.
A.16NONASSIGNABILITY
. 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:
a. Nondiscrimination in Employment: The Subrecipient shall not discriminate against any employee or
applicant. for employment because of race, color, sex, sexual orientation, religion, national origin,
creed, marital status, age, Vietnam era or disabled veterans status, or the presence of any sensory,
DHS-FEMA-EMPG-FY23 Page 18 of 42 Grant County, E24-286
mental, or physical handicap. This requirement does not apply, however, to a religious corporation,
association, educational institution or society with respect to the employment of individuals of a
particular religion to perform work connected with the carrying on by such corporation, association,
educational institution or society of its activities..
.b. The Subrecipient shall take action to ensure that employees are employed and treated during
employment without discrimination because of their race, color, sex, sexual orientation religion,
national origin, creed,, marital status, age, Vietnam era or disabled veterans status, or the presence
of any sensory, mental, or physical handicap. Such action shall include, but not be limited to, the
following: Employment, upgrading, demotion, or transfer, recruitment or recruitment selection for
training, including apprenticeships and volunteers.
AA 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 SAFETYMEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/HEALTH. ACT
(OSHA/WISH
The Subrecipient 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 the Subrecipient.'s performance under this
Agreement. To the extent allowed by law, the Subreciplent 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 improved or constructed with
funds under this Agreement, and by this subaward of funds does not and will not acquire any ownership
interest or title to such property of the Subrecipient. The Subrecipient shall assume all liabilities and
responsibilities arising from the ownership and operation of the project and agrees to defend, indemnify,
and hold the Department, the state of Washington, and the United States government harmless from any
and all causes of action arising from the ownership and operation of the project.
A.21 POLITICAL ACTIVITY
No portion of the fu'nds provided herein shall be used for any partisan political activity or to further the
election or defeat of any candidate for public office or influence the approval or defeat of any ballot issue.
A.22 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 language used from
which the connection of the Department's name may, in the Department's judgment, be inferred or
implied. The Subrecipient agrees not to publish or use such advertising and publicity matters without the
prior written consent of the Department. The Subrecipient may copyright original work it develops in the
course of or under this Agreement; however, pursuant to 2 CFR Part 200.315, FEMA 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 erformed under this Agreement shall include an acknowledgement of
FEMA's financial support, by the Assistance Listings Number (formerly CFDA Number), and a statement
that thepublication does not. constitute an endorsement by FEMA or reflect FEMA's views.
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
DHS-FEMA-EMPG-FY23 Page 19 of 42 Grant County, E24-286
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 expensesthereof, including attorney fees from the
Subrecipient.
A.25 RECORDS
a. The Subrecipient agrees to maintain all books, records, documents, receipts, invoices and all
other electronic or written records necessary to sufficiently and properly reflect the Subrecipient's
contracts, subawards, grant administration, and 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 compliance by the
Subrecipient with the terms of this Agreement and to determine the appropriate level of funding
to be paid under the Agreement.
C. The records shall be made available by the Subrecipient for such inspection and audit, together
with suitable space for such purpose, at any and all times during the Subrecipient's normal
working day.
d. The Subrecipient shall retain and allow access to all records related to this Agreement and the
funded project(s) for a period of at least six (6) years following 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 PROJECT/STATEMENT OF WORKMORK PLAN
While the Department undertakes to assist the Subrecipient with the project/statement of work/work plan
(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 the0j
pr *ect, as these phrases are applicable to this prect, is solely that of the Subrecipient, as is
oJ
responsl
'bility for any claim or suit of any nature by any third party related in any way to the project.
Prior to the start of any construction activity, the Subrecipient shall ensure that all applicable federal,
state, and local 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 t * o, cost of defense
and/or /or attorneys' fees, in connection with any claim or lawsuit brought by any third party related to any
design, development, construction, implementation, operation and/or maintenance of a 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 r 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 (including all AMENDMENTS}
The Subrecipient shall comply with and include the following audit requirements in any subawards.
Non-federal entities, as Subrecipients of a federal award, that expend $750,000 or more in one fiscal
Y
ear 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"
DHS-FEMA-EMPG-FY23 Page 20 of 42 Grant County, E24-286
means a state, local government, Indian tribe, institution. of higher education, or nonprofit organization
that carries out a federal award as a recipient or sub.recipieht.
Subrecipients that are required to have an audit must ensure the audit is performed in accordance with
Generally Accepted Government Auditing, Standards (GALAS) as found in the Government Auditing
Standards (the Revised Yellow Book) developed by the United States Comptroller Generalandthe OMB
it auditor and requesting
Comnotifyingits Com, Supplement. The Subrecipient has the responsibility of
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 GALAS, as appropriate.. Costs of the
audit may be an e 0
allowablegrant expenditure ., � ture as authorized by 2 CFR Part 200.425.
,
The SuIbrec. pent shall maintain -auditable records and accounts so as to facilitate the audit requirement
and shall ensure that any subcontractors also maintain auditable records. The.S_uabreciplent is responsible
for any audit exceptions incurred by its own organ*
zation or that of it subcontractors. Responses to any
.
unresolved 'management findings and disallowed or: questioned costs. shall be included edwith the audit
corrective report.. The Subrecipient must respond to Department requests for information or rrec ive action
concerning audit issues or findings within 30 days of the date of request. The Department reserves the
tight to recover fromtheSubrecipient all disallowed costs resulting frothe audit.
-Sub-
After the single audit has been completed, and if it includes any audit fin"dings the recipientmust
Ow
send a full copy of the audit anal its Corrective Action Plan to the Der)artment,at the following address no
later than .nine '(9) months after the end of the Subrocipient's fiscal'year(s):
Contracts Offi0m.
Washington' Miflitary Department
Finance Division, Building #1 TAM20
Camp Murray,.WA 98430-5032
OR
00 htra cAs
_._.0ffiGe@rh1J.Wa.qov
The Departme I nt retains 'the sole discreti. - on to determine whethera valid claim. for an exemption from the
audit requirements & this provision has been established.
2 ,
Conduo ing a s . Ingle or program -specific- audit in compliance With, CFR Part 200 SubpartF is material
requirement of t , his Agreement. .In the absence of a valid claim of exemption, from the audit requirements
of 2 CFR Paft'200 SubIF,, the he Subrecipie.nt's'failure to comply with said audittequire . ments may result
.in one or more of thefollowing actions in the Department's sole discretion: a percentage of federal awards
completed i
beinwithhold until the audit is comp n'.accords hc6, with 2 CFR. Part:200 Subpart F, the withholding.
g
or.disallowi'n,g of Overhead costs; thesuspension of federal awards until the audit is, conducted and
submitted,; or termination of the federal award.,
A-20 SUBRECIPIENT NOT EMPLOYEE
agents pe
The Subreperforming under this Agreement, are not. employees or
cipient, and/or employees or a9
agents of . the Department in any manner whatsoever. Th.eSubrecipient 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 8ubrecipie'nt -make any claim, demand,, or a r for any rightprivilege or benefit
pplication to o
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 ity college, state board, or state commission, that the officers and employees are
employed . by the State of Washington in their own right.
If the Subrecipient is an individual currently employed by a Washington State agency, the Department
shall obtain proper approval from the employing agency or institution ion 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
DHS-FEMA-EMPG-FY23 Page 21 of 42 Grant County, E24-286
expenses of any other kind for the Subrecipient or its staff required by statute or regulation that are
applicable to Agreement performance.
A.31 TERMINATION FOR CONVENIENCE
Notwithstanding any provisions 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. 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 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)
busi ' ness 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 fulfill .in a
timely and proper manner its obligations under this Agreement, is in an unsound financial condition so
as to endanger performance hereunder, is in violation of any laws or regulations that render the
S . ubrecipient. unable to perform any aspect of the Agreement, or has violated any of the covenants,
agreements or sti . pulations 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
aperiod of time in. which to cure, The Department is not required to allow the Subrecipient an opportunity
to cure if it is not feasible as determined solely within the Department's discretion. Any time allowed for
cure, shall not diminish or eliminate the Subrecipient's liability for damages or otherwise 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 (10.) calendar day's 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,
orprohibit the Subrecipient from incurring additional obligations of funds during investigation of the
alleged compliance breach, pending corrective action by the Subrecipient, if allowed, or pending a
decision by the Department to terminate the Agreement in whole or in part,
In the event of termination, the Subrecipient shall be liable for a.11 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.
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
performance of such part of this Agreement as has been terminated.
DHS-FEMA-EMPG-FY23 Page 22 of 42 Grant County, E24-286
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 or goods
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
Department 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, at its discretion, to settle or pay any
or all claims arising out of the termination of such orders and contracts;
d. Settle all outstanding liabilities and all claims arising out of such termination of orders and
contracts, with the 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
g•
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.
Voluntarynumerical MWBE participation goals have been established, and are indicated herein: Minority
o
Business Enterprises: (MBEs), 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 Superior Court of Thurston County, Washington. The Subrecipient, by
execution of this Agreement, acknowledges the jurisdiction of the courts of the state of Washington.
DHS-FEMA-EMPG-FY23 Page 23 of 42 Grant County, E24-286
A.37 WAIVERS
No conditions or provisions of this Agreement can be waived unless approved in advance by the
Department in writing, The Department's failure to insist upon strict performance of any provision of the
Agreement or to exercise any right based upon a breach thereof, or the acceptance of any performance
during such breach, shall not constitute a waiver of any right under this Agreement.
DHS-FEMA-EMPG-FY23 Page 24 of 42 Grant County, E24-286
Attachment C
23EMPG Awar-d Letter
EMS--2023-EP-00002
US, Department of Homeland Security
Washington, D.C. 20472
Bret Daugherty
Washin,gton Military Department
'Building 20
Camp Murray, WA 98430 - 5122
ReGrant 14o.EMS-2023-EP-00002
Dear Bret Daugherty:
ssi t submitted under
Congratulations, bn behalf of the Department of Homeland Security, your application for financial assistance
ce Grants has been approved in the amount of $7 585
the Fiscai-Year (FYI 2023 Emergency Management Performan U16.00 -
As a condition of this award, you `are required to contribute acost match in the amount of $7,58.5,716-00 of noh..'Federal funds,
or 50 percent of the total approved project costs of $15,171,432,00.
Before you request and receive any of the Federal funds. awarded to you you must establish acceptance of the award. By
accepting this awatd,y ouacknowle'dge that the'terms of the following documents are incorporated into. the terms of you, r
award,
# Agreement Articles (attached to this Award Letter)
*
Obligating Document (attached to this Award
* FY 2023 Emergency Management .Performance Grants Notice of Funding Opportunity,
FEMA Preparedness Grants Manual
Please make sure You-read,understand, *and maintain a. copy of these documents in your offiqalfile for this award.
In order to establish acoeptanOe of the -award and its terms, please follow these instructions.'
Step 1 Please log in to the ND Grants system at https,.-//poital.fema.gov,
*Tasks. menu select the
Step 2:.. After logging in, you* will see the Home page with a Pendina Tasks menu. Click on the Pendih-
A Pli i s b-m''hO and then click the link for "Award Offer Review"' tasks, This link will navigate you to Award Packages
p c at on Lj e
that are pending review.
Step 3: Click the Review Award Package icon(wrench) to review, the Award Package and accept or decline e the award.. Please
save or print rint 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,
f rh o -
ypurorganization's name, add' st
res, Unique Entity Identifier (UEI) number, EIN and banking ' 'in or ati � n Please se e ns u re that
the UEi number used in SAM is the same one used to apply for all 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:htt0,:/hv*w. Barn.Q ov.
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 in the payment
process.
PATRICK GERARD MARCHAM
DHS-FEMA-EMPG-FY23 Page 25 of 42 Grant County, E24-286
Agi eement, Articles
Sat Oct 01 00:00:00 UTC 2022
GRANTEE:
PRbGRAM:
AGREEMENT NUMBER:
Article I
Article 11
Article III
.Article IV
Article V
Article V1
Article VII
Article VIII
Article IX.
Article X
Article XI
Article XII
Article XIII
Article XIV
Article XV
U.S. Department of Homeland Security
W.a.shingtoh, D.C., 20472
AGREEMENTARTICLES
Emergency Management t Performance Grants
Washington Military.Department
.Emergency Management Performance
Grants
EMS -2023 -EP -00002 -SOLI
P -00002 -SOI
TABLE OF CONTENTS
DHS Standard Terms and CoOd.itians Generally
Assurances Adm"MistrativeRequirements Cost Principles,L
Representations,:and Certifications
General Acknowledgements and Assurances
d
Acknowledgement of Federal Fuh.,in' g frQrn DHS
Activities'Con'dOcted Abroad
Age Discrimination 'Act of `1 975
Americans With Disabilities Act of 1990
Best Practic'esfor Collection and Use of Personally
Identifiable. infbrma tion
Civil, Rights Acto.f. 1964 - Title VI
Civil Rights Act of 1968
:Copyright
'Debarment and Suspension
Drug -Free Workplace Regulatio'ns
Duplicatio.n.of Benefits
Education Amendments of 1972 (Equal Opportunity in
Education Act) - Title IX
DHS-FEMA-EMPG-FY23 Page 26 of 42 Grant County, E24-286
Article XVI
E.O. 14074 - Advancing Effective, Accountable Policing
and Criminal Justice Practices to Enhance Public Trust and
Public Safety
Article XVII
Energy Policy and Conservation Act
Article XVI I I
False Claims Act and Program Fraud Civil Remedies
Article XIX
Federal Debt.Status
Article XX
Federal Leadership on Reducing Text Messaging while
Driving
Article XXI
Fly America Act of 1974
Article XXII
Hotel and Motel Fire Safety Act of 1990
Article XXI I I
John S. McCain National ,Defense .Authorization Act of Fiscal
Year 201.9
Article XXIV
Limited English Proficiency iency (Civil Rights Act of 1964 • Title VI)
Article XXV
Lobbying Prohibitions
Article XXVI
National Environmental Policy Act
Article XXVII
Nondiscrimination in Matters Pertaining to Faith -Based
Organizations
Article XXVI 11.
Non -Supplanting Requirement
Article XXIX
Notice of Funding Opportunity Requirements
Article XXX
Patents and Intellectual Property Rights
Article XXXI
Procurement of Recovered Materials
Article XXXII
Rehabilitation. Act of 1973
Article XXXI I I
Reporting of Matters Related to Recipient Integrity and
Performance
Article XXXIV
Reporting Subawards and Executive Compensation
Article XXXV
Required Use of American Iron, Steel, Manufactured
Products, and Construction Materials
Article XXXVI
SAFECOM
DHS-FEMA-EMPG-FY23 Page 27 of 42 Grant County, E24-286
Article XXXVII Terrorist Financing
Article XXXVIII Trafficking Victims Protection Act of 2000 (TVPA)
Article XXXIX Universal Identifier and System of Award Management
Article XL USA PATRIOT Act of 2001
Article XLI Use of DHS Seal, Logo and Flags
Article XLI1 Whistleblower Protection Act
Article XLIII Environmental Planning and Historic Preservation (EHP)
Review
Article XLIV Applicability y of DHS Standard Terms and Conditions to
Tribes
Article XLV Acceptance of Post Award Changes
Article XLVI Disposition of Equipment Acquired Under the Federal Award
Article XLVI I Prior Approval for Modification of Approved Budget
Article XLVI I I Indirect Cost Rate
Article 1- DHS Standard Terms and Conditions Generally
The Fiscal Year (FY) 2023 DHS Standard Terms and Conditions apply to all new federal financial assistance awards funded
in FY 2023. These terms and conditions flow down to subrecipients 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/publication/fyl5-dhs- standard -terms -and -conditions.
Article 11 - Assurances, Administrative Requirements, Cost Principles, Representations and Certifications
1. DHS financial assistance recipients must complete either the Office of Management and Budget (OMB) Standard Form
424E Assurances - Non -Construction Programs, or OMB Standard Form 424D Assurances - Construction Programs, as
applicable. Certain assurances in these documents may not be applicable to your program, and the DHS financial assistance
office (DHS FAO) may require applicants to certify additional assurances. Applicants are required to fill out the assurances as
instructed by the awarding agency.
11. DHS financial assistance recipients are required to follow the applicable provisions of the Uniform Administrative
Requirements,, Cost 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.
Ill. 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 OM B?s guidance located at 2 C.F.R. Part 200, all applicable federal laws, and relevant
Executive guidance.
Article Ill -General Acknowledgements and Assurances
DHS-FEMA-EMPG-FY23 Page 28 of 42 Grant County, E24-286
All recipients, subrecipients, successors, transferees, and assignees must acknowledge and agree to comply with applicable
provisions governing DHS access to records, accounts, documents, Information, facilities, and staff.
1. Recipients must cooperate with any DHS compliance reviews or compliance investigations conducted by DHS.
1, 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 facilities or personnel.
I11. 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 ed in 2 C.F.R. Part 200 and including recipients acting as pass-through entities) of federal financial
assistance from DHS or one of its awarding component agencies must complete the DHS Civil Rights Evaluation Tool
within thirty (30) days of receipt of the Notice of Award for the first award under which this term applies. Recipients of
multiple awards of DHS financial assistance should only submit one completed tool for their organization, not 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@hq.dhs.gov. This tool clarifies the civil rights obligations and related reporting requirements contained
in the DHS Standard Terms and Conditions. Subrecipients are not required to complete and submit this tool to DHS. The
evaluation tool can be found at https*//www.dhs.Igov/publication/dhs-civil-rights-evaluation-tool. DHS Civil Rights Evaluation
Tool I Homeland Security
The DHS Office for Civil Rights and Civil Liberties will consider, in its discretion, granting an extension if the recipient
identifies steps and a time I line for completing the tool. Recipients should request extensions by emailing the request to
CivilRightsEvaluation@hq.dhs.goy prior to expiration of the 30 -day deadline.
Article IV - 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 or programs funded in whole or in part with federal funds.
Article V - Activities Conducted Abroad
Recipients must ensure that project activities performed outside the United States are coordinated as necessary with
appropriate government authorities and that appro'priate licenses, permits, or approvalsareobtained.
Article VI - Age Discrimination Act of 1976
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 Vill - Americans with Disabilities Act of 1990
Recipients must comply with the requirements of Titles 1, 11, and III of the Americans with Disabilities Act, Pub. L. '101-338
(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 public accommodation, and
certain testing entities.
Article Vill - Best Practices for Collection and Use of Personally Identifiable Information
Recipients who collect personally identifiable information (PII) are required to have a publicly available privacy policy that
describes standards on the usage and maintenance of the P11 they collect. DHS defines P11 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 IX - Civil Rights Act of 1964 - Title V1
DHS-FEMA-EMPG-FY23 Page 29 of 42 Grant County, E24-286
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 discrimination under any program or activity
receiving federal financial assistance. DHS implementing regulations for the Act are found at6 C.F.R. Part 21 and 44 C.F.R.
Part 7.
Article X - Civil Rights Act of 1998
Recipients must comply with Title VI I i of the Civil Rights Act of 1968, Pub. L.. 90-284, as amended through Pub. L. 113-43
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 36011 et seq.), as implemented by the U.S. Department of Housing and Urban Development at 24 G.F.R.
Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more
dwelling units-i.e., 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 24. C.F.R.
Part 100, Subpart D.)
Article XI - Copyright
Recipients must affix.the applicable copyright notices of 17 U.S.C. sections 401 or 402 and an acknowledgement of U.S.
Government sponsorship ;(including the award number) to any work first produced under federal financial assistance awards.
Article X11- Debarment and Suspension
Recipients are subject to the non -procurement debarment and suspension regulations implementing Executive Orders (E.O.)
12549 and 12889, which are at 2 C.F.R. Part 180 as adapted by DHS at 2 C, F.R. Part 3002, These regulations restrict
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 X111- Drug -Free. workplace Regulations
Recipients roust comply with drug-free workplace requirements in Subpart R (or Subpart C, if the recipient is an individual) of 2
C. F. R. Part 3001, which adopts the Government -wide implementation (2 C. F. R. Part 182) of Sec. 5152-5158 of the Drug -Free
Workplace Act of 1988 (41 U.S.C. sections 8101-8106).
Article ;XIV - 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 and conditions; or for other reasons.
Article XV - Education. Amendments of, 1972 (Equal Opportunity in Education Act) -"Title IAC
Recipients must comply with the requirements of Title iX of the Education Amendments of 1972, Pub. L 92-318 (1972)
(codified as amended at 20 U.S.C. section 1681 et 'seq.), 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 discrimination under any educational
program or activity receiving federal financial assistance. DHS implementing regulations are codified at 6 C.F.R. Part 17 and
44 C.F.R. Part 19,
Article XVI - E.O.'14074 - Advancing Effective, Accountable Policing and Criminal 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. 1.4074. Recipient State, Tribal, local, or territorial law enforcement agencies are also encouraged to adopt and enforce
policies consistent with E.C. 14074 to support safe and effective policing.
Article XVII - Energy Policy and Conservation Act
DHS-FEMA-EMPG-FY23 Page 30 of 42 Grant County, E24-288
Recipients must comply with the requirements of the Energy Policy and Conservation Act, Pub. L. 94-163 (1975) (codified as
amended at 42 U.S.C. section 6201 et seq.), which contain policies relating to energy efficiency that are defined in the state
energy conservation plan issued in compliance with this Act.
Article .XVIII - False Claims Act and Program Fraud Civil Remedies
Recipients must comply with the requirements of the False Claims Act, 31 U.S.C. sections 3729- 3733, which prohibit the
submission of false or fraudulent claims for payment to the Federal Government, (See 31 U.S.C, sections 3801 '3812, which
details the administrative remedies for false claims and statements made.)
Article XIX - 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 XX .- 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 conducting initiatives 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 XXI - Fly America Act of 1974
Recipients must comply with Preference for U.S. Flag Air Carriers (air carriers holding certificates under 49 U.S.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 1974, 49 U,S.C. section 40118, and the interpretative
guidelines issued by the Comptroller General. of the United States in the Marsh '31,1981, amendment to Comptroller General
Decision B-138942.
Article XXII - 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 prevention and control guidelines of Section 6 of the Hotel and Motel Fire Safety Act of 1990,15
U.S.C. section 2225a.
Article XXIIII - John S. McCain National Defense Authorization Act of Fiscal Year 2019
Recipien1s, subrecipients, and their contractors and subcontractors are subject to the prohibitions described in section 889
of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232 (2018) and 2 C.F.R.
sections 200.2161-200.327, 200.471, and Appendix 11 to 2 C.F.R. Part 200, Beginning August 13, 2020, the statute - as it
applies to DHS recipients, subrecipients, and their contractors and subcontractors - prohibits obligating or expending federal
award funds on certain telecommunications and video surveillance products and contracting with, certain entities for national
security reasons.
Article XXIV - Limited English Proficiency (Civil Rights Act of 1964 - Title VI)
Recipients must comply with Title VI of the Civil Rights Act of 1964, (42 U.S.C. section, 2000d et seq.) prohibition against
discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable
steps to provide meaningful access to persons rsons with limited English proficiency (LEP) to their programs and services. For
additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance,
hftps-,//www.dhs.gov/guldance-published-help-department-supported-organizations-provide-meaningful-access-people-limited
and additional resources on http://www.lep.gov.
Article XXV - Lobbying Prohibitions
Recipients must comply with 31 U.S.C. section 1352, which provides that none 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, including any extension, continuation,
renewal, amendment, or modification.
Article XXV1 - National Environmental Policy Act
DHS-FEMA-EMPG-FY23 Page 31 of 42 Grant County, E24-286
Recipients must comply with the requirements of the National Environmental Policy Act of 1969, (NEPA) Pub. L. 91-190
(1970) (codified as amended at 42 U.S.C. section 4321 et seq.) and the Council on Environmental Quality (CEQ) 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 can exist in productive harmony and fulfill the social, economic, and other needs of present and future
generations of Americans.
Article XXVII - Nondiscrimination in Matters Pertaining to Faith -Based Organizations
It is DHS S 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 XXVIII - Non -Supplanting Requirement
Recipients receiving federal financial assistance awards made under programs that prohibit supplanting by law must ensure
that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non-federal
sources.
Article XXIX - Notice of Funding Opportunity Requirements
.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 XXX - Patents and Intellectual Property Rights
Recipients are subject to the Bayh-Dole Act, 35 U.S. C, section 200 et seq, unless otherwise provided by law. Recipients are
subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents
resulting from federal financial assistance awards located at 37 C..F.R. Part 401 and the standard patent rights clause located
at 37 C. F.R. section 401.14.
Article XXXI - Procurement of Recovered Materials
States, political subdivisions of states, and their contractors must comply with Section 6002 of the Solid Waste Disposal Act,
Pub. L. 89-272 (1965), (codified as amended by the Resource 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 a satisfactory level of competition.
Article XXXI I - Rehabilitation Act of 1973
Recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, Pub. L. 93-112 (1973) (codified
as amended at 29 U.S.C., section 794), which provides that no otherwise qualified handicapped individuals in the United
States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving federal financial assistance,
Article XXXIII - 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 complywith the e requirements set forth in the government -wide Award Term and Condition for Recipient
Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by
reference in the award terms and conditions.
Article XXXIV - Reporting Subavords and Executive Compensation
Reporting of first tier subawards:
DHS-FEMA-EMPG-FY23 Page 32 of 42 Grant County, E24-286
Recipients are required to comply with the requirements set forth in the government -wide award term on Reporting Subawards
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 XXXV - Required .Use of American Iron, Steel, Manufactured Products, and Construction Materials
Recipients must comply with the "Build America, Buy America" 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 55 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 United 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,
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 project but are not an integral part of the structure or permanently affixed to the.
infrastructure project.
Waivers
When necessary, recipients ma pp1y 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 procurement 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 of iron, steel, manufactured products, or construction materials produced in the United States will 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 maybe instances where an award qualifies, in whole or in part, for an existing waiver described at "Buy America"
Preference in FEMA Financial Assistance Programs for Infrastructure I FEMA.gov.
The awarding Component may provide specific instructions to Recipients of awards from infrastructure programs that are
subject to the '.'Build America, Buy America�' provisions. Recipients should refer to the Notice of Funding Opportunity for further
information on the Buy America preference and waiver process.
Article XXXVI - 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,
including provisions on technical standards that ensure and enhance interoperable communications.
Article XXXVII -'terrorist Financing
Recipients must comply with E.0, 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 legally responsible to ensure compliance
with the Order and laws,
DHS-FEMA-EMPG-FY23 Page 33 of 42 Grant County, E24-286
Article XXXVIII - Trafficking Victims Protection Act of 2000 (TVPA)
Trafficking in Persons:
Recipients must comply with the requirements of the government -wide financial assistance award term which implements
Section 106 (g) of the Trafficking Victims Protection Act of 2000 (TVPA), 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 XXXIX - Universal Identifier and System of Award Management
Requirements for System for Award Management and Unique Entity Identifier Recipients are required to comply with the
requirements set forth in the government -wide financial assistance award term .regarding the .System for Award Management
and Universal Identifier Requirements located at 2 C. F. R. Part 95, Appendix A, the full text of which is incorporated here by
reference.
Article XL - 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 XL1 - Use of DHS Seal, Logo and Flags
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 XLII - Whistleblower Protection Act
Recipients must comply with the statutory requirements for whistleblower protections (if applicable) at 10 U.S.0 section 2409,
41 U.S.C. section 4712, and 10 U.S.C. section 2324, 41 U.S.C. sections 4304 and 4310.
Article XLIII - Environmental Planning and Historic Preservation (EHP) Review
IDHSIFEMA fu )
' 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 mandated by: the National Environmental Policy Act; National Historic
Preservation Act of 1966, as amended; National al 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 be 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 DHS/FEMA.
Article XLIV - Applicability of DHS Standard Terms and Conditions 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 does not apply to Indian tribes or there
is a federal law or regulation exempting its application to Indian tribes, then the acceptance 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 or responsibility upon the Tribe where it does
not already exist,'
Article XLV - Acceptance of Post Award Changes
DHS-FEMA-EMPG-FY23 Page 34 of 42 Grant County, E24-286
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 acceptance of the changes to the
award. Please call the FEIVINGIVID Call Center at (866) 927-5646 orvia e-mail to: ASK-GMD@femadhs.gov if you have any
questions.
Article XILVI - 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 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 XLV11 - 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, FEIVIA is utilizing its discretion to impose an additional restriction under 2 C.F.R.
oi
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
$250,000), you may not transfer funds among direct cost categories, programs, functions, or activities without prior written
approval from FEMAwhere 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, FEIVIA 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.
You must report any deviations from your FEMA approved budget in the first Federal Financial Report (SF -425) you submit
following any budget deviation, regardless of whether the budget deviation requires prior written approval.
Article XILVIII - 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 applicable, the indirect cost rate for this award is stated in the budget documents or
other materials approved by FEMA and included in the.award file.
BUDGET COST CATEGORIES
Personnel
Fringe Benefits
Travel
Equipment
Supplies
Contractual
Construction
Indirect Charges
$41,112,301.00
$1,450,556.00
$8,689.00
$0.00
$41338.00
$0,00
$0.00
$3551699.00
DHS-FEMA-EMPG-FY23 Page 35 of 42 Grant County, E24-286
Other
DHS-FEMA-EMPG-FY23 Page 36 of 42 Grant County, E24-286
Obfig�tmilg Document for Awiird/Anioid.ment'.
I a, AGREEh4ENT NO, 2. AMENDIMENT O. 3. 4. TYPE OF ACTION 5. CONTROL
NO.
ENIS-2023-EP-00002-SO.1 RECIPIENT AWARD SX00324N20
23T
NO..
9160QI095G
6. RECIPIENT NAW AND
ADDRESS
Washington Military
Department
Building 20
Camp.M WA, 98430 -
5122
9, NAME.. OF RECIPIENT
PROJECT OFFICER
Sierra WardpIl
11. EFFECTIVE DATE OF
THIS ACTION
09/Z/2023
-7jSSUING FENL4 OFFICE AND
ADDRESS
FEN4A-GPD
4.00. C.Street,.SW, 3rd floor
Washington,, DC 20472-3645
POO: 866-'927-5646
-8. PAYMENT OFFICE AND ADDRESS
FEMA. Fin ande Center
43011viarket Street
er
Winchest ', VA 22603
. 1.
'PHONE NO I 0.,.NAW OF FEMA PROJECT COORDINATOR
25351271�1 'Central Sohedulingar and Information Desk
Phone: 800-368-649,8
Emaij:.Mk--cs'-id@4hs.gov
42. 11ASSISTANCE ARRANGEMIF NT PERIOD
E 14. PERFORMANCE PE
METHOD Cost Reim'burs-e ment FroTo:
m.
OF 1 0101-/2.0.22 09130/2025
PAYMENT
Budget Period
PARS
'09/30/2025
I 5.DE, SCRIPTION Or, ACTION
a., (Indicate funding data for awards or financ . iat.chapges►
PROGRAM CFDANO.
ACCOUNTING DATA
PRIOR AMOUNT
C URRENT CUMULATIVE NON-
NIAI\M
(AC.CS CODE)
TOTAL AWARDED
TOTALFEDERAL C OMMITIVIENT
ACRONYM
XXX_X-XXeX-YJa=-
AWARD, THIS
AWARD
Kx I r x X] xe-
ACTION
OR
Emergency 97.Q42
2023'-FA-GA01-,R107- -4120-D
$0A $7,585 716.00
$7,5:85,71.6,00 See Totals
Pedorm.ance,
SO.00 $71,585,716.00 01585,716.010
'b,.. To describe changer other than -funding data or financial changes, attach.schcdule andch cckherc
N/A.
116 a. FOR 'NON -DISASTER PROGRAIVIS. RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE (3) COPIES OF THIS
DOCU`&1ENT TO FEMA (See Block 7 for address)
Emergency IvIanagement.Performance Grants reci entsarenot.requiredto sign and of this document, How
pi ever,, recipients
qshould print and keep a copy of this i d ocumen t for their records.
16b. FOR DISASTER PROGRAMS. RECIPIENT IS NOT REQUIRED TO SIGN
This :assistance is subj ect to terms and conditions attached to this award notice or by incorporated reference in program .legislation: cited
above.
1.7. RECIPIENT SIGNATORYO.FFICIIAL,(Name and Title)
Sierra %tdell,'Prep*aredness Grants Section Section Supervisor
IS. FEMA SIGNATORY OFFICIAL (Name and Title)
PATRICK GERARD MARCHAM,
DATE
Tue Sep, 26 18:40.:47 UTC
on
DATE
Thu Sep 21 19:07:57 UTC
2023
DHS-FEMA-EMPG-FY23 Page 37 of 42 Grant County, E24-286
Aftachment D
'WORK PLAN
FY 2023 Emergency Management Performance Grant
Emergency ManagOrnent Organization; Grant County Sheriff's'Office, Emergency nag 'Ma' ement
The purpose of EMPG Js to assist with the enhancement, sustainment and improvement of state, local, and tribal
emergency management programs, Activities conducted using EMPG funding should relate directly to the five mission
ss n
areas of the national preparedness, goal oftectionresponserecovery, and mitigation. Washington
prevention., pro , , I Ig
State does not require a specific number of activities to receive EMPG funding; However, there care reqUired
capabilities that must 'st be sustained in order to remain
eligible.for EMPG funding, 'Including but.not limited to the
ability to communicate and warn, educate
the public, plab, train, exercise, and be NJVS -comPH nt. The Work Plan
delineates the Emergency Mca 'Organization's emergency management program gram planning and priority focus
for this grant cycle (to include EMPG grant and local funds).
WORK" PLANNED
,Provide continued jpublic outreach
and educat,iona.l. materials for Ready,
Set, Go'evatua* evacuations, local al hazards,
Radiological Emergencies, 2Week
ready and Shelter In Place to, citizens
within the County to be prepared
when'they receive an emergency
notification. All educational materials
are provided and available J6 English
and Spanish. Inform citizens
zens
urgentwhere/how they can receive urgent
messages -and information on how 'to
stay informed, dur-i'hg ariincident.
Local events within the County
.venues where public
education/outreach is d , istributed,
(i.e., County aj rF i, National. Night Out
Fite District Open Houses,
Community .Da's.) Preparedness
-
y
presenta . tions are provided upon
request.
Purchases Under this project will
include public outreach events,
printing costs for educational
material. office supplies or goods and
services for Public Information
m
officer.
4.12 Emergency Public Information Education
arid Ed " atibn
Community Resilience
Public Inforrhatio'n, and Warning
Sustaining/Maintaining
IDENTIFIED GAP/NEED
We need to continue 'the effort to
inform the re I sidents in Grant County
and how they need to be Prepared for
o
an incident, knowing what to do during
Q..
the incident, and what resources are
avaijable'during/aftef the incident to
build resiliency, Outreach will expand
the num.berr of COMMUn'ity Mern
bers
that are 'signed up to receive life safety
messages.
ANTICIPATED PROJECT IMPACT
CT
Residents are better prepared and
informed of the hazards within our
County and how to receive
lifesaving information and actions
to evacuate when required and
remain safe during disasters.
4.9 Facilities
Primary
t
apa 11On-scene Security, Protection, and
.H1. Y
Law Enforcement
:Seco n,d, Logistics and Supply Chain Management
W Sustain i -n
Sustaining/Maintaining
DHS-FEMA-EMPG-FY23 Page 33 of 42 Grant County, E24-286
WORK PLANNED
Purchases will include paying for
maintenance services or repairs to
o I ur Mobile Operations Command
Center (MOCC). These repairs may
include repairs to the power supply
source and repair to the hood. Other
purchases may include restock of
office supplies or rehab for the
deployment of MO CC
IDENTIFIED GAP/NEED
The Grant County Sheriff's Office
Mobile Operations Command Center
(MOCC) is a Type Mobile Command
Post available for deployment for
incidents and events within Grant
County and regionally within HLS
Region 7. Supplies are needed.to retain.
V
its readiness and deployability
throughout the response season.
ANTICIPATED PROJECT IMPACT
Anticipated project 'Impacts include
overall mission Ireadiness and
recovery to ready state post
deployment.
P,rmaryCoe' Mar iii 3
1 f k ", 2.+r �_1-� J 2?� ? - X � S • •
p"eco QWA
U•(I.4,0- t_t _01 I
4.10 Training
Operational Coordination
dinatioh
-Planning
Building
WORK PLANNED
IDENTIFIED GAP/NEED
ANTIC . IPATE I D PROJECT IMPACT
Attend training to enhance EMSome
I
personnel
I are ri and are not
, nevi n
Maintaining a functional EM
program and plans. Trainings,may
1. 1
fully trained on activations or to
Program in which staff
I w h ff are fully
0-
'include the following:
respond during operations. Lack of
trained and able to effectively
- Advanced Public Information Officer
training for recovery, lack of EOC
manageactivationof the EOC
- Critical I nc'id eht St -ess
r Management
Specific training. As dditional staffing
a. a
respond to disasters.a.nd recover
(CISM)
levels for the E:OC are enhanced, new
from -disasters. Enhance capabilities
Dis.aster/.rinancial'Maha ement
9
ECSC staff require training's of various
of Emergency Management
training
levels.
personnel..
TEEX classes
- IS -360 preparing aringfor-amass
20'22 THIRA/8011gap identified fied lack of
Casualty
training in "fatality manag ment,
.PER 334 -When Disasters strikes:
bereavement counseling, and family
Prepare, Act and Survive
reunification'', 22 of the 32 core
Tra' iining related latod to,Search and
capabilities in our IPP identify e gaps in
Rescue
training,
Training may inclUde section
pos, it I ion:speci . fit training as well as
..traini staff that assist during
ng*
activations (ICS 300 and 400)
- LEPC and WSEMA conferences
registrations and registrations for any
of f the above 'training
DHS-FEMA-EMPG-FY23 Page 39 of 42 Grant County, E24-286
Attachment E
TIMELINE
FY 2023 Emergency Management Performance Grant
DATE
TASK
June 1, 2023
Grant Agreement Start Date
April 30, 2024
Submit reimbursement request
September 30, 2024
Grant Agreement End Date
November 15, 2424
Submit final reimbursement request, final report, training
requirement report, and/or other deliverables.
The Subrecipient must request written approval from Department Key Personnel to waive
or extend a due date in the above Timeline.
For waived or extended reimbursement due dates, all allowable costs should be submitted on the
next scheduled reimbursement due date contained in the above Timeline.
DHS-FEMA-EMPG-FY23 Page 40 of 42 Grant County, E24-286
Attachment F
BUDGET
DHS-FEMA-EMPG-FY23 Page 41 of 42 Grant County, E24-286
FY 2023 Emergency Management Performance Grant
23EMPG AWARDI $ 55,186.00
SOLUTION
AREA
BUDGET CATEGORY
EMPG AMOUNT
MATCH AMOUNT
Personnel & Fri nge.Benefits
$ -
$ 55,186
0
Travel/Per Diem
$ - - -----
$ -
Z
_SuppI i es
$
$
Cons ulta nts/Contracts
$
$
EL
Other
$
$ -
Subtotal
$
$ 55,186
z
0
Personnel & Fringe Benefits
$ 25,000
Travel /Per Diem
$
$
N
Supplies
$ 131186_
Z
Cons ulta nts/Contracts
$ -
CC
Other
$
$
0
Subtotal
$ 38,186
$
Personnel & Fringe Benefits
$
$
W
Travel/Per Diem
$ $
U
I
Supplies
$
$
LAW
XW
- Cons ulta nts/Contra cts
$
$
uJ
Other
$
$
Subtotal
$
$
Personnel & Fringe Benefits
$
$
Travel/Per Diem
$ 5,500
z
P P Hi es
9
Consul to nts/Contracts
$ 4,000
F—
Other
$ -
$
Subtotal
$ 0,500
$
CL
-
M
. Equi pment
5,.000
$
�Su
btota 1
$ 5,.000
$
.Personnel & Fringe Benefits
$ -
$
Travel/Per Diem
$ -
$
Supplies
$ 2,500
Consultants/Contracts
$ -
$
.Other
$ -
$
Subtotal
$ 2,500
$
Indirect
Indirect Cost Rate on file 0.00%
for Time Period of:
NIA
TOTAL Grant, Agreement. AMOUNT:
$ 55,186
$ 55,186
The Subrecipient
will provide a match of $55,186 of non-federal origin, 50% of the total project cost (local
budget plus EMPG award).
Cumulative transfers to budget categories in excess of ten percent (10%) of the Grant Agreement Amount
will not be reimbursed
without written approval
from the Department.
Funding Source: U.S. Department of Homeland Security
- Pl# 733PT — EMPG
DHS-FEMA-EMPG-FY23 Page 41 of 42 Grant County, E24-286
Attachment G
BUILD AMERICA, BUY AMERICA ACT SELF -CERTIFICATION
The undersigned certifies, to the best of their knowledge and belief, that:
The Build America, Buy America Act (BABAA) requires that no 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 Project Name and Location that the iron, steel, manufactured
products, and construction materials used in this contract are in full compliance with the BABAA requirements
including:
1. All iron and steel used in the project are produced i.n 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 FEMA financial assistance must be produced in the United
States. For a manufactured product to be considered produced in the United States, the cost of the
components of the manufactured product that are mined, produced, or manufactured in the United States
is greater than 55% of the total cost of all components of the manufactured product, unless another
standard for determining the minimum amount of domestic content of the manufactured product has been
established under applicable law or regulation.
3. All construction materials are manufactured in the United States. This means that all manufacturing
processes for the construction material occurred in the United States.
"The [Contractor or Subcontractor], certifies or affirms the truthfulness and accuracy
of each statement of its 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 Subcontractor's] Authorized Official
Date
DHS-FEMA-EMPG-FY23 Page 42 of 42 Grant County, E24-286
Department: Emergency Management
Grantor: Washington State Military Department
Grant No. 2023 Emergency Management Performance Grant E24-286
Date signed: __ __....-..... �. , 2024
GRANT COUNTY BOARD
OF COUNTY COMMISSIONERS
Cindy arter, hair
Danny StOne, Vice -Chair
Rob,, '` �emb er
.ATTEST:
Bar gra . Vasquez, CMV C
C1 nrk o the Board