HomeMy WebLinkAboutAgreements/Contracts - Emergency Management (003)GRANT COUNTY
COMMISSIONERS AGENDA MEETING REQUEST FORM
(Must be submitted to the Clerk of the Board by 12:00pm on Thursday)
REQUESTING DEPARTMENT: Emergency Management DATE: 07/08/2026
REQUEST SUBMITTED BY: Jessica Olsen
PHONE: (509) 906 - 9100
CONTACT PERSON ATTENDING ROUNDTABLE: Mireya Garcia/Jessica Olsen
CONFIDENTIAL INFORMATION: ❑YES ®NO
❑Agreement / Contract
❑AP Vouchers
❑Appointment / Reappointment
❑ARPA Related
❑ Bids / RFPs / Quotes Award
❑ Bid Opening Scheduled
❑ Boards / Committees
❑ Budget
[]Computer Related
❑County Code
El Emergency Purchase
❑Employee Rel.
❑ Facilities Related
❑ Financial
❑ Funds
❑ Hearing
❑ Invoices / Purchase Orders
® Grants — Fed/State/County
❑ Leases
❑ MOA / MOU
❑ Minutes
❑ Ordinances
❑ Out of State Travel
❑ Petty Cash
❑ Policies
❑ Proclamations
❑ Request for Purchase
❑ Resolution
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El Professional Serv/Consultant
❑Support Letter
❑Surplus Req.
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❑Thank You's
❑Tax Title Property
❑WSLCB
;07
Request to approve Emergency Management Program Grant Agreement No. E26-286
The term of this grant is 06/01 /2025 to 09/30/2026. This grant funds critical
Emergency Management program activities, equipment, and public education.
If necessary, was this document reviewed by accounting? 0 YES ❑ NO ❑ N/A
If necessary, was this document reviewed by legal? 0 YES ❑ NO ❑ N/A
--------------
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DATE OF ACTION: DEFERRED OR CONTINUED TO:
APPROVE: DENIED
D1:
D2:
D3:
APCZTAINI
WITHDRAWN:
4/23/24
SIGNATURE AUTHORIZATION FORM (SAF)
WASHINGTON MILITARY DEPARTMENT
Camp Murray, Washington 98430-5122
Please read instructions on page 2 before completing this form.
NAME OF ORGANIZATION i DATE SUBMITTED
Grant County Sheriffs Office Emergency Management
GRANT PROGRAM - Acronyms Accepted AGREEMENT NUMBER(S)
Emergency Management Performance Grant (EMPG) I E26-2$6
1. AUTHORIZING AUTHORITY
PHYSICAL SIGNATURE
E-SIGNATURE
PRINT OR
TYPE NAME
Kevin Burgess
TITLE & TERM OF OFFICE
(if applicable)
Commissioner, Chair
'00,0000V
Rob Jones
Commissioner, Vice Chair
Cindy carter',
Commissioner, Member
-N
2. AUTHORIZED TO SIGN AGREEMENTS 1AMENDMENTS
- -------- ------
PHYSICAL SIGATURE
E-SIGNATURE
PRINT OR I TITLE & TERM OF OFFICE
TYPE NAME {If applicable)
00,00r
Joe Krieg
Sheriff
Gary Mansford
I Undersheriff
\j
3. AUTHORIZED TO SIGN REQUESTS FOR REIMBURSEMENT
PHYSIC j- SIGNATURE
A
E-SIGNATURE
PRINT OR
TYPE NAME
TITLE & TERM OF OFFICE
(If applicable)
Jessica Olsen
EM Specialist
*44-
Mireya Garcia
EM Specialist
SAF R%evised `2 02 4
Page ' of a
INSTRUCTIONS FOR THE SIGNATURE AUTHORIZATION FORM (SAF)
This form identifies the authorizing authority(ies) and person(s) who have the authority to sign
agreements, amendments, and requests for reimbursement. It is required for the management
of your agreement with the Washington Military Department ('41VMD). Please complete all
sections. The signature and/or e-signatures included on this SAF must match what is on the
agreement, amendment, debarment form, and A-1 9 'invoice voucher submitted. It is required
that the signatures in WIVID's files are current. Changes in staffing or responsibilities will require
a new SAF.
At least one person must be assigned to each of the three roles and the same person can
be assigned to multiple roles. If more than one individual will be signing an agreement,
amendment, or reimbursement request please make sure everyone signs this form. If
additional lines are needed, please fill out two forms and title them 1 of 2 and 2 of 2.
1. Authorizing Authority. Generally, the person(s) signing in this section heads the
governing body of the organization such as the board chair or mayor. In some uses, ases, the
chief executive officer may have been delegated this authority.
2. Authorized to Sign Agreements / Amendments. The person(s) given the authority to
bind the agency/organization to the terms and conditions of the agreement. Usually, it is
the county commissioner, mayor, executive director, city clerk, etc.
3. Authorized to Sign Requests for Reimbursement. Often the executive director, city
clerk, treasurer, or administrative assistant have this authority. When a request for
reimbursement is received, the signature on the A-19 invoice voucher is verified that it
matches the signature on this form. It is advisable to have more than one 12!grson
authorized t2 §.Ign', reimbursement reguests. This will help prevent delays in
processing a request if one person is temporarily unavailable. The payment can be
delayed if the request is presented without the proper signature.
Once filled out, send the original to WI with the signed agreement. It is recommended you
keep a copy with the executed agreement in your files. Multiple grant agreements can be
included on one SAF if they are all under the same grant program (e.g., 22EMPG and
23EMPG). Two distinct grant programs cannot be included on the same SAF (e.g., SHSP and
EMPG).
If you have any questions regarding this form or to request new forms, please call your main
grant point of contact at WMD.
25EMPG New GC Agreement — E26-286 — GSCO/EM and Department of Homeland Security
Date: -111111:7,(e
ATTEST:
Xaitlin AE—.Maneillo�"
Clerk of the Board
APPROVER"A'S TO FORM:
Trev'R. Bevier, )KSBA #47989
tit County Prosecutor's Office
it Deputy Prosecuting Attorney
Date: 4 v
BOARD OF COUNTY
COMMISSIONERS
GRANT COUNTY.) WASHINGTON
Kevin R. Bur ss, Chair
R4 �Jrieg,`Y'-i6e-Chair
Cindy Cr), Member
STATEMENT REGARDING GRANT COUNTY'S EXECUTION OF GRANT
AGREEMENT FOR THE FISCAL 25EMPG GRANT PROGRAM SUBAWARD
Grant County submits this statement to accompany its execution of Grant Agreement Contract
for 25EMPG. The Grant Agreement states in Attachment A, Article 11: Grant County "shall
comply with all applicable state and federal laws, rules, regulations, requirements and prograrn
guidance -identified or referenced in this Agreement and the informational documents published
by DHS/FEMA applicable to the 25EMPG Program, including, but not limited to, all criteria,
restrictions, and requirements of "The Department of Homeland Security (DHS) Notice of
Funding Opportunity (NOFG) Fiscal Year 2025 Emergency Management Performance Grant
Program" (hereafter "the NOFO"), the Preparedness Grants Manual, FM-207-23-0001 August
2025 (hereafter "the Manual"'), the DHS Award Letter for the, Grant, and the federal regulations
commonly applicable to DHS/FEMA grants, all of which are'incorporated herein by reference."
In the event any applicable injunctions are lifted or otherwise expire, the enjoined conditions will
not be imposed or enforced against Grant County as to the period that the 'injunction was in
effect. In the event that the relevant grant conditions are no longer enjoined, the enjoined terms
shall not be applied automatically to Grant County, and the County reserves the right to revisit its
submissions.
Impact of Preliminary Injunction in Santa Clara County et aL v. Noem et aL
The Grant Agreement (specifically Attachment A, Article 11, Section Q purports to impose
conditions enjoined by the Preliminary Injunction in Santa Clara County et al. v. Noem et al.,
3:25-cv-08330-VVEO (N.D. Cal.) (issued November 21, 2025) (ICI). The enjoined provisions
remain in the Grant Agreement, and Grant County is unable to modify the text of the Award
document to excise those provisions. Grant County withholds its consent to and objects to the
inclusion of the following terms, through the Articles included in the Grant Agreement and
attendant documents, or any other method of incorporation. Pursuant to the PI, DHS and FEMA
are enjoined from withholding, freezing, or conditioning Grant County's funds based on those
tenns, and Grant County's acceptance of the grant and any future draw -downs or reimbursement
requests in no way reflect acceptance of those enjoined terms. The enjoined terms include the
following:
Article 19 of the FY 2025 DHS Standard Terms and Conditions: Recipients must
comply with all applicable Federal anti -discrimination laws material to the government's
payment decisions for purposes of 31 U.S.C. § 372(b)(4). (1) Definitions. As used in this
clause - (a) DEI means "diversity, equity, and inclusion." (b) DEIA means "diversity,
equity, inclusion, and accessibility." (c) Discriminatory equity ideology has the meaning
qui
set forth in Section 2(b) of Executive Order 14190 of January 29, 2025. (d) Federal
antidiscrimination laws mean Federal civil rights law that protect individual Americans
from discrimination on the basis of race, color, sex, religion, and national origin.
(e) Illegal immigrant means any alien, as defined in 8 U.S.C. § I I 01(a)(3),'who has no
lawful immigration status in the United States. (2) Grant award certification. (a) By
accepting the grant award, recipients are certifying that-, (i) They do not, and will not
during the term of this financial assistance award, operate any programs that advance or
promote DEI, DEIA, or discriminatory equity ideology in violation of Federal anti-
discrimination laws; and (ii) They do not engage in and will not during the term of this
award engage in, a discriminatory prohibited boycott. (iii) They do not, and will not
during the term of this award, operate any program that benefits illegal immigrants or
incentivizes illegal immigration. (3) DHS reserves the right to suspend payments in
whole or in part and/or terminate financial assistance awards if the Secretary of
Homeland Security or her designee determines that the recipient has violated any
provision of subsection (2}0 (4) Upon suspension or termination under subsection (3), all
funds received by the recipient shall be deemed to be in excess of the amount that the
recipient is determined to be entitled to under the Federal award for purposes of 2 C.F.R.
§ 200.346. As such, all. amounts received will constitute a debt to the Federal
Government that may be pursued to the maximum extent permitted by law.
Article 33 of the FY 2025 DHS Standard Terms and Conditions: Recipients must
comply with the requirements of Presidential Executive Orders related to grants (also
known as federal assistance and financial assistance), the fall text of which are
incorporated by reference.
By virtue of the PI and for so long as the PI or a subsequent order remains in effect, any such
nominal reference to the enjoined conditions shall not result in those conditions being 'imposed or
enforced against Grant County even if the text of those 'inoperative conditions remains in the
Grant Agreement with Grant County, or incorporated by reference via any digital signature
platform, or via any submittal portal, of any kind whatsoever, that may be operated or utilized by
DHS and FEMA.
Further Reservation of Rights
Grant County further objects to and reserves all rights to join and assert the claims related to, the
DEI Disclosure Requirement and Civil Rights Conditions, as defined in the Complaint in Santa
Clara County et al. v. Noem et al., pending further proceedings including final judgment in the
case.
Grant County farther objects to and reserves all rights to join and assert the claims as defined in
the Complaint in San Francisco v. Trump, 3:2 5 -cv-0 13 50 (N.D. Cal.), the Complaint in Illinois v.
FEMA, I -.25-cv-00206 (D.R.I.), and any other action concerning any challenge to the terms set
forth in the 25EMPG Program, pending further proceedings including final judgment in the case.
Impact of Permanent Injunction and Vacatur. in Illinois v. FEMA
Additionally, the following terms or any materially similar terms are subject to the permanent
injunction and vacatur and order on motion to clarify and order on motion to enforce judgment in
Illinois v. FEMA, I :25-cv-00206 (D.R.I.). To the extent those terms continue to be incorporated
in the award Grant County withholds consent to and ob * ects to their inclusion. These terms are
legally unenforceable, and Grant County's acceptance of the grant and any future draw -downs or
reimbursement requests in no way reflect acceptance of those prohibited terms,
6
Article 19 of the FY 2025 DHS Standard Terms and Conditions (excerpt":
(2) Grant award certification.
(iii) They do not, and will not during the term of this award, operate any program
that benefits illegal immigrants or incentivizes illegal immigration.
Article 11 of the FY 2025 DHS Standard Terms and Conditions: Communication
a
and CoQperatton with the Dep ment of Homeland Securitv and lmnn'gration
Officials
(1) All recipients and other recipients of funds under this award must agree that they will
comply with the following requirements related to coordination and cooperation with the
Department of Homeland Security and immigration officials:
(a) They must comply with the requirements of 8 U.S.C. §§ 1373 and 1644. These
statutes prohibit restrictions on information sharing by state and local government
entities with DHS regarding the citizenship or immigration status, lawful or
unlawful, of any individual. Additionally, 8 U.S.C. § 1373 prohibits any person or
agency from prohibiting, or in any way restricting, a Federal, State, or local
government entity from doing any of the following with respect to information
regarding the immigration status of any individual: 1) sending such information
to, or requesting or receiving such information from, Federal immigration
officials; 2) maintaining such information; or 3) exchanging such information
with any other Federal, State, or local government entity;
(b) They must comply with other relevant laws related to in-imigration, including
prohibitions on encouraging or inducing an alien to come to, enter, or reside in the
United States in violation of law, 8 U.S.C. § 1324(a)(1)(A)(iv), prohibitions on
transporting or moving illegal aliens, 8 U.S.C. § 1324(a)(1)(A)(ii), prohibitions on
harboring, concealing, or shielding from detection illegal aliens,, 8 U.S.C. §
1324(a)(1)(A)(iii), and any applicable conspiracy, aiding or abetting, or attempt
liability regarding these statutes;
tc) That they will honor requests for cooperation, such as participation in joint
operations, sharing of information, or requests for short term detention of an alien
pursuant to a valid detainer. Ajun"sdiction does not fail to comply with this
requirement merely because it lacks the necessary resources to assist in a
particular instance;
(d) That they will provide access to detainees, such as when an immigration
officer seeks to interview a person who might be a removable alien; and
(e) That they will not leak or otherwise publicize the existence of an immigration
enforcement operation.
(2) The recipient must certify under penalty of perjury pursuant to 28 U.S.C. § 1746 and
using a form that is acceptable to DHS, that it will comply with the requirements of this
team. Additionally, the recipient agrees that it will require any subrecipients or contractors
to certify in the same manner that they will comply with this term prior to providing them
with any funding under this award.
(3) The recipient agrees that compliance with this term is material to the Govenunent's
decision to make or continue with this award and that the Department of Homeland
Security may terminate this grant., or take any other allowable enforcement action, if the
recipient fails to comply with this term.
Article 56 of the FY 2025 DHS Standard Terms and Conditions: Corm fiance with
Federal Immigration Law
1. Prohibition
a. The state or territorial recipient is prohibited from making subawards to a local
government that the Department of Homeland Security or the Department of Justice
has designated as -a sanctuary jurisdiction. If the Department of Homeland Security or
Department of Justice designates a local govenunent as a sanctuary jurisdiction. after
the state or territo I ial recipient makes a subaward to that local government, the state or
territorial recipient must suspend the subaward, the state or tern*tO I ialTecipient must
not make any additional payments to the local government, and the local government
is prohibited from making any financial obligations under the subaward on and after
the date of designation until the Department of Homeland Security or Department of
Justice removes that designation.
b. The Department of Homeland Security designates a local government as a sanctuary
jurisdiction if it falls to comply with the requirements set forth in paragraphs 2.al* to V
of this term and condition.
2. Certi-fication
0
a. The state or territorial recipient must require all local govemment subrecipi ents to
certify under penalty of perjury pursuant to 28 U.S.C, § 1746, and using a form
that is acceptable to the Department of Homeland Security, that the local
government will comply with the following requirements related to coordination
and cooperation with the Department of Homeland Security and immigration
officials:
i. They will comply with the requirements of 8 U.S.C. §§ 1373 and 1644.
These statutes prohibit restrictions on information sharing by state and local
government entities with the Department of Homeland Security regarding the
citizenship or immigration status, lawful or unlawful, of any individual.
Additionally, 8 US.C. § 1373 prohibits any person or agency from
4
prohibiting, or in any way restricting, a Federal, state, or local government
entity from doing any of the following with respect to information regarding
the immigration status of any individual: (1) sending such information to, or
requesting or receiving such information from, Federal immigration officials;
(2) maintaining such information; or (3) exchanging such information with
any other Federal, state, or local government entity.
11. They will comply with other relevant laws related to immigration, including
prohibitions on encouraging or inducing an alien to come to, enter, or reside in
the United Statest in violation of law, 8 U.S.C. § 1324(a)(1)(A)(iv),
prohibitions on transporting or moving illegal aliens, 8 U.S.C. §
1324(a)(1)(A)(ii), prohibitions on harboring, concealing, or shielding from
detection illegal aliens, 8 U.S.C. § 1324(a)(1)(A)(iii), and any applicable
conspiracy, aiding or abetting, or attempt liability regarding these statutes.
iii. They will honor requests for cooperation, such as participating in joint
operations, sharing of information, or requests for short tern I detention of an
alien pursuant to a valid detainer. A jurisdiction does not fall to comply with
this requirement merely because it lacks the necessary resources to assist in a
particular instance.
iv. They will provide access to detainees, such as when an immigration officer
seeks to interview a person who might be a removable alien.
V. They will not leak or otherwise publicize the existence of an immigration
enforcement operation.
3. Materiality and Remedies for Noncompliance
This term and condition is material to the Department of Homeland Security's decision to
make this grant award and the Department of Homeland Security may take any remedy
for noncompliance, including termination, if the state or territorial recipient or any local
government subrecipient fails to comply with this tend and condition,
Attachment A
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.
SUBRECIPIENT DEPARTMENT
Name
Jessica Olsen
Name
Deborah Henderson
Title
EM Specialist
Title
Program Coordinator
Email
jrolsen@grantcountywa.gov
Email
deborah.henderson@mil.wa.gov
Phone
509-906-9100
Phone
253-512-7470
Name
Joe Kriete
Name
Peter Drance
Title
Sheriff
Title
Program Manager
Email
jkriete@grantcountywa.gov
Email
peter.drance@mil.wa.gov
Phone
509-754-2011
Phone
253-337-7617
Name
Mireya Garcia
Name
General Information
Title
EM Specialist
Email
mxgarcia@grantcountywa.gov
Email
.
preparednessgrants@mil.wa.gov
Phone
509-754-2011 x 4521
ARTICLE 11. 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 25EMPG Program, including, but not limited to, all criteria, restrictions, and
requirements of "The Department of Homeland Security (DHS) Notice of Funding Opportunity (NOFO) Fiscal
Year 2025 Emergency Management Performance Grant Program" (hereafter "the NOFO"), the Preparedness
Grants Manual, FM-207-23-0001 August 2025 (hereafter "the Manual"), the DHS Award Letter for the Grant, and
the federal regulations commonly applicable to DHS/FEMA grants, all of which are incorporated herein by
reference. The DHS Award Letter is incorporated in this Agreement as Attachment C.
The Subrecipient acknowledges 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 25EMPG 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
subrecipient:
The Subrecipient must comply with all federal laws and regulations applicable to
pass -through entities of 25EMPG funds, including, but not limited to, those
contained in 2 CFR 200.
The Subrecipient shall require its subrecipient(s) to comply with all applicable
state and federal laws, rules, regulations, requirements, and program guidance
identified or referenced in this Agreement and the informational documents
published by DHS/FEMA applicable to the 25EMPG Program, including, but not
limited to, all criteria, restrictions, and requirements of the NOFO, the Manual,
DHS-FEMA-EMPG-FY25 Page 2 of 49 Grant County Sheriff's Office, E26-286
the DHS Award Letter for the Grant in Attachment C, and the federal regulations
commonly applicable to DHS/FEMA grants.
iii. The Subrecipient shall be responsible to the Department for ensuring that all
25EMPG federal award funds provided to its subrecipients, and associated
matching funds, are used in accordance with applicable federal and state
statutes and regulations, and the terms and conditions of the federal award set
forth in this agreement (Attachment C).
iv. The Subrecipient must follow their own policies and procedures to eliminate or
reduce the impact of conflicts of interest when making subawards, adhering to
any applicable federal or state statutes or regulations. Any real or potential
conflicts of interest must be reported to the Department in writing upon discovery.
2. BUDGET, REIMBURSEMENT, AND TIMELINE
a. Within the total Grant Agreement Amount, travel, subcontracts, salaries, benefits, printing,
equipment, and other goods and services or other budget categories will be reimbursed
on an actual cost basis upon completion unless otherwise provided in this Agreement.
b. The maximum amount of all reimbursement requests permitted to be submitted under this
Agreement, including the final reimbursement request, is limited to and shall not exceed
the total Grant Agreement Amount.
C. If the Subrecipient chooses to include indirect costs within the Budget (Attachment F),
additional documentation is required based on the applicable situation. As described in 2
CFR 200.414 and Appendix VII to 2 CFR 200:
i. If the Subrecipient receives direct funding from any Federal agency(ies),
documentation of the rate must be submitted to the Department Key Personnel
per the following:
A. More than $35 million, the approved indirect cost rate agreement
negotiated with its federal cognizant agency.
B. Less than $35 million, the indirect cost proposal developed in accordance
with Appendix VII of 2 CFR 200 requirements.
ii. If the Subrecipient does not receive direct federal funds (i.e., only receives funds
as a subrecipient), the Subrecipient must either elect to charge a de minimis rate
of fifteen percent (15%) or 15% of modified total direct costs or choose to
negotiate a higher rate with the Department.
d. For travel costs, the Subrecipient shall comply with 2 CFR 200.475 and should consult
their internal policies, state rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as
now existing or amended, and federal maximum rates set forth at https://www.gsa.gov,
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 Key Personnel. All
international travel requires prior FEMA approval. All international travel requires prior
FEMA approval.
e. Reimbursement requests will include a properly completed State A-19 Invoice Form and
Reimbursement Spreadsheet (in the format provided by the Department) detailing the
expenditures for which reimbursement is sought. Reimbursement requests must be
submitted to Reim bursements(ab-mil.wa.gov no later than the due dates listed within the
Timeline (Attachment E).
Reimbursement request totals should be commensurate to the time spent processing by
the Subrecipient and the Department.
f. Receipts and/or backup documentation for any approved items that are authorized under
this Agreement must be maintained by the Subrecipient consistent with record retention
requirements of this Agreement and be made available upon request by the Department
and auditors.
DHS-FEMA-EMPG-FY25 Page 3 of 49 Grant County Sheriff's Office, E26-286
g. The Subrecipient must request r written approval from Department Key Personnel to
waive or extend a due date in the Timeline (Attachment E). Waiving or missing deadlines
serves as an indicator for assessing an agency's level of risk of noncompliance with the
regulations, requirements, and the terms and conditions of the Agreement and may
increase required monitoring activities. For waived or extended reimbursement due dates,
all allowable costs should be submitted on the next scheduled reimbursement due date
contained in the Timeline. This request must be submitted to the Department Key
Personnel sufficiently in advance of the due date to provide adequate time for
Department review and consideration and may be granted or denied within the
Department's sole discretion.
h. All work under this Agreement must end on or before the Grant Agreement End Date, and
the final reimbursement request must be submitted to the Department within the time
period notated in the Timeline (Attachment 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). If
funds are not required, the Subrecipient shall notify the Department Key Personnel.
i. All costs for equipment and supplies must be incurred and received before the Grant
Agreement End Date.
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 being reimbursed until such reports and
reimbursement requests are submitted and the Department has had reasonable time to
conduct its review.
k. Final reimbursement requests will not be approved for payment until the Subrecipient is
current with all reporting requirements contained in this Agreement.
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
Department.
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-federal resources occurred for reasons other than the
receipt or expected receipt of federal funds.
a. With each reimbursement request, the Subrecipient shall report how the expenditures, for
which reimbursement is sought, relate to the Work Plan (Attachment D) activities in the
format provided by the Department.
b. With the final reimbursement request, the Subrecipient shall submit a final report to
Reimbursements@mil.wa.gov (in the format provided by the Department) describing all
completed activities under this Agreement, status of training course completion by
individual personnel, how the match was met and documented, and progress made with
NQS implementation.
C. The Subrecipient shall comply with the Federal Funding Accountability and Transparency
Act (FFATA) and related OMB Guidance consistent with Public Law 109-282 as amended
by section 6202(a) of Public Law 110-252 (see 31 U.S.C. 6101 note) and complete and
return to the Department an Audit Certification/FFATA Form. This form is required to be
completed once per calendar year, per Subrecipient, and not per agreement. The
Department's Contracts Office will request the Subrecipient submit an updated form at the
beginning of each calendar year in which the Subrecipient has an active agreement.
DHS-FEMA-EMPG-FY25 Page 4 of 49 Grant County Sheriff's Office, E26-286
d. To document compliance with the National Incident Management System (NIMS), the
Subrecipient shall complete the annual NIMS survey conducted by Washington
Emergency Management Division (EMD).
4. NIMS COMPLIANCE
a. The National Incident Management System (NIMS) identifies concepts and principles that
answer how to manage emergencies from preparedness to recovery regardless of their
cause, size, location, or complexity. NIMS provides a consistent, nationwide approach and
vocabulary for multiple agencies or jurisdictions to work together to build, sustain, and
deliver the core capabilities needed to achieve a secure and resilient nation.
b. Consistent implementation of NIMS provides a solid foundation across jurisdictions and
disciplines to ensure effective and integrated preparedness, planning, and response.
NIMS empowers the components of the National Preparedness System, a requirement of
Presidential Policy Directive 8, to guide activities within the public and private sector and
describes the planning, organizational activities, equipping, training, and exercising
needed to build and sustain the core capabilities in support of the National Preparedness
Goal.
C. In order to receive federal preparedness funding from the Department, the Subrecipient
must ensure and maintain adoption and implementation of NIMS. See Agreement
Attachment A, Article II section 3.c. for associated reporting requirements. The list of
objectives used for progress and achievement reporting can be found at
https://www.fema.gov/emergenc -managers/nims/implementation-training.
d. FEMA requires phased implementation of the National Qualification System (NQS) for
EMPG subrecipients. The NQS Implementation Objectives reflect the concepts and
principles contained in NQS doctrine and aim to promote consistency in NQS
implementation nationwide. Subrecipients will be considered in compliance with NQS
requirements as long as they are working towards implementing the NQS Implementation
Objectives which can be found at
https://www.fema.gov/sites/default/files/documents/fema nims-ngs-implementation-
objectives fact-sheet.pdf. Only EMPG-funded deployable personnel (determined by the
Subrecipient) will be required to meet NQS certification requirements.
For 25EMPG NQS Phase 3 of implementation, Subrecipients must:
i. Execute NQS Implementation Plan, revising as necessary.
ii. Work towards issuing Position Task Books to designated deployable personnel.
iii. Ensure designated deployable personnel show progress in working toward
Position Task Book completion and meet the minimum training requirements for
their job title/position qualification.
iv. Track qualification, certification and credentialling for deployable personnel.
V. Describe the status of implementation as a part of the annual NIMS survey
conducted by EMD staff at the end of the calendar year.
5. EQUIPMENT AND SUPPLY MANAGEMENT
a. The Subrecipient and any subrecipient to which the Subrecipient makes a subaward shall
comply with 2 CFR 200.317 through 200.327, and all Washington State procurement
statutes, when procuring any equipment or supplies under this Agreement, 2 CFR 200.313
for management of equipment, and 2 CFR 200.314 for management of supplies, to
include, but not limited to:
Upon successful completion of the terms of this Agreement, all equipment and
supplies purchased through this Agreement will be owned by the Subrecipient,
or a recognized subrecipient to which the Subrecipient has made a subaward,
for which a contract, subrecipient grant agreement, or other means of legal
transfer of ownership is in place.
DHS-FEMA-EMPG-FY25 Page 5 of 49 Grant County Sheriff's Office, E26-286
ii. All equipment, and supplies as applicable, purchased under this Agreement will
be recorded and maintained in the Subrecipient's inventory system.
iii. 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.
I. Disposition data including the date of disposal and sale price of the
property.
iv. The Subrecipient shall take a physical inventory of the equipment, and supplies
as applicable, and reconcile the results with the property records at least once
every two years. Any differences between quantities determined by the physical
inspection and those shown in the records shall be investigated by the
Subrecipient to determine the cause of the difference. The Subrecipient shall, in
connection with the inventory, verify the existence, current utilization, and
continued need for the equipment.
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
as applicable, are well maintained and kept in good operating condition.
vi. The Subrecipient shall develop a control system to ensure adequate safeguards
to prevent 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 original or replacement supplies or equipment acquired under a federal
award are no longer needed for the original project or program or for other
activities currently or previously supported by a federal awarding agency, the
Subrecipient must comply with the following procedures:
A. For Supplies: If there is a residual inventory of unused supplies exceeding
$10,000 in total aggregate value upon termination or completion of the
project or program and the supplies are not needed for any other federal
award, the Subrecipient must retain the supplies for use on other activities
or sell them, but must, in either case, compensate the federal government
for its share. The amount of compensation must be computed in the same
manner as for equipment.
B. For Equipment:
DHS-FEMA-EMPG-FY25 Page 6 of 49 Grant County Sheriff's Office, E26-286
1 } Items with a current per -unit fair -market value of $10,000 or less may
be retained, sold, transferred, or otherwise disposed of with no further
obligation to the federal awarding agency.
2) Items with a current per -unit fair -market value in excess of $10,000
may be retained or sold. The Subrecipient shall compensate the
federal awarding agency in accordance with the requirements of 2
CFR 200.313 (e) (2).
C. Notify Department Key Personnel to initiate the disposition process by the
federal awarding agency.
ix. Records for equipment shall be retained by the Subrecipient for a period of six (6)
years from the date of the disposition, replacement, or transfer. If any litigation,
claim, or audit is started before the expiration of the six -year period, the records
shall be retained by the Subrecipient until all litigation, claims, or audit findings
involving the records have been resolved.
b. The Subrecipient shall comply with the Department's Purchase Review Process, which is
incorporated by reference and made part of this Agreement. No reimbursement will be
provided unless the appropriate approval has been received.
C. Allowable equipment categories for the grant program are listed on the Authorized
Equipment List (AEL) located on the FEMA website at
https://www.fema.gov/grants/guidance-tools/authorized-equipment-list. It is important that
the Subrecipient and any subrecipient to which the Subrecipient makes a subaward regard
the AEL as an authorized purchasing list identifying items allowed under the specific grant
program; the AEL includes items that may not be categorized as equipment according to
the federal, state, local, and tribal definitions of equipment. The Subrecipient is solely
responsible for ensuring and documenting purchased items under this Agreement are
authorized as allowed items by the AEL at time of purchase.
If the item is not identified on the AEL as allowable under the grant program, the
Subrecipient must contact the Department Key Personnel for assistance in seeking FEMA
approval rp for to acquisition.
d. Equipment might require more than one waiver. The Subrecipient must contact the
Department Key Personnel for assistance in identifying what waivers are needed for
FEMA approval prior to acquisition.
e. Equipment purchases (those with a current per -unit fair market value in excess of
$10,000) must be identified and explained to the Department. Use, management, and
disposition of such equipment is subject to requirements outlined in 2 CFR 200.313.
Before making such purchases, the Subrecipient should analyze the cost benefits of
purchasing versus leasing equipment, especially those subject to rapid technical
advances.
f. Unless expressly provided otherwise, all equipment must meet all mandatory regulatory
state and DHS/FEMA adopted standards to be eligible for purchase using federal award
funds.
g. If funding is allocated to support emergency communications activities, the Subrecipient
must ensure that all projects comply with SAFECOM Guidance on Emergency
Communications Grants, located at https://www.cisa.gov/safecom/funding, including
provisions on technical standards that ensure and enhance interoperable
communications.
h. Effective August 13, 2020, FEMA recipients and subrecipients, as well as their contractors
and subcontractors, may not obligate or expend any FEMA award funds to:
i. Procure or obtain any equipment, system, or service that uses covered
telecommunications equipment or services as a substantial or essential
component of any system, or as critical technology of any system;
DHS-FEMA-EMPG-FY25 Page 7 of 49 Grant County Sheriff's Office, E26-286
ii. Enter into, extend, orrenew a contract to procure or obtain any equipment, system,
or service that uses covered telecommunications equipment or services as a
substantial or essential component of any system, or as critical technology of any
system; or
iii. Enter into, extend, or renew contracts with entities that use covered
telecommunications equipment or services as a substantial or essential
component of any system, or as critical technology as part of any system.
This prohibition regarding certain telecommunications and video surveillance services or
equipment is mandated by section 889 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (FY 2019 NDAA), Pub. L. No. 115-232 (2018) and
2 CFR 200.216, 200.327, 200.471, and Appendix 11 to 2CFR200. Recipients and
subrecipients may use DHS/FEMA grant funding to procure replacement equipment and
services impacted by this prohibition, provided the costs are otherwise consistent with the
requirements of the Manual and the NOFO.
Per subsections 889(f)(2)-(3) of the FY 2019 NDAA, and 2 CFR 200.216, covered
telecommunications equipment or services means:
i. Telecommunications equipment produced by Huawei Technologies Company or ZTE
Corporation (or any subsidiary or affiliate of such entities);
ii. For the purpose of public safety, security of government facilities, physical security
surveillance of critical infrastructure, and other national security purposes, video
surveillance and telecommunications equipment produced by Hytera
Communications Corporation, Hangzhou Hikvision Digital Technology Company,
or Dahua Technology Company (or any subsidiary or affiliate of such entities);
iii. Telecommunications or video surveillance services provided by such entities or
using such equipment; or
iv. Telecommunications or video surveillance equipment or services produced or
provided by an entity that the Secretary of Defense, in consultation with the
Director of National Intelligence or the Director of the Federal Bureau of
Investigation, reasonably believes to be an entity owned or controlled by, or
otherwise connected to, the government of a covered foreign country.
i. The Subrecipient must pass through equipment and supply management requirements
that meet or exceed the requirements outlined above to any subrecipient to which the
Subrecipient makes a subaward under this Agreement.
6. ENVIRONMENTAL AND HISTORICAL PRESERVATION
a. The Subrecipient shall ensure full compliance with the DHSJFEMA Environmental
Planning and Historic Preservation (EHP) program. EHP program information can be
found at https://www.fema.govlgrants/guidance-tools/environmental-historic all of which
are incorporated in and made a part of this Agreement.
b. Projects that have historical impacts or the potential to impact the environment, including,
but not limited to, construction of communication towers; modification or renovation of
existing buildings, structures and facilities; installation of sonar system; or new
construction including replacement of facilities, must participate in the DHS/FEMA EHP
review process prior to initiation. Modification of existing buildings, including minimally
invasive improvements such as attaching monitors to interior walls, and training or
exercises occurring outside in areas not considered previously disturbed, also require a
DHS/FEMA EHP review before project initiation.
C. The EHP review process involves the submission of a detailed project description that
includes the entire scope of work, including any alternatives that may be under
consideration, along with supporting documentation so FEMA may determine whether the
proposed project has the potential to impact environmental resources and/or historic
properties.
DHS-FEMA-EMPG-FY25 Page 8 of 49 Grant County Sheriff's Office, E26-286
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 FEMA approval received by the Subrecipient before
any work is started for which reimbursement will be later requested. Expenditures for
projects started before completion of the EHP review process and receipt of approval by
the Subrecipient will not be reimbursed.
7. PROCUREMENT
The 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 200.11
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 subrecipient 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
200.1, the Subrecipient must submit justification to the Department for review and
approval. This requirement must be passed on to any subrecipient to which the
Subrecipient makes a subaward, at which point the Subrecipient will be responsible for
reviewing and approving sole source justifications to any subrecipient to which
Subrecipient makes any award.
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 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
infrastructure project, even if it is funded by both federal and non-federal funds under one
or more awards.
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-FY25 Page 9 of 49 Grant County Sheriff's Office, E26-286
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 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 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. SUBRECIPIENT MONITORING
a. The Department will monitor the activities of the Subrecipient from award to closeout. The
goal of the Department's monitoring activities is to ensure that subrecipients receiving
federal pass -through funds are in compliance with this Agreement, federal and state audit
requirements, federal grant guidance, and applicable federal and state financial
regulations, as well as 2 CFR Part 200 Subpart F.
b. To document compliance with 2 CFR Part 200 Subpart F requirements, the Subrecipient
shall complete and return to the Department an Audit Certification/FFATA Form. Reporting
requirements are referenced in section 3.d.
C. Monitoring activities may include, but are not limited to:
i. Review of financial and performance reports
ii. Monitoring and documenting the completion of Agreement deliverables
iii. Documentation of phone calls, meetings (e.g. agendas, sign -in sheets, meeting
minutes), a -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-FY25 Page 10 of 49 Grant County Sheriff's Office, E26-286
d. The Subrecipient is required to meet or exceed the monitoring activities, as outlined
above, for any subrecipient to which the Subrecipient makes a subaward as a pass -
through entity under this Agreement.
e. Compliance will be monitored throughout the performance period to assess risk. Concerns
will be addressed through a Corrective Action Plan.
9. LIMITED ENGLISH PROFICIENCY (CIVIL RIGHTS ACT OF 1964 TITLE VI)
a. 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 financial assistance take reasonable steps to provide meaningful
access to persons with limited English proficiency (LEP) to their programs and services.
FEMA Policy FP-256-23-001 (www.fema.gov/sites/default/files/documents/fema )policy-
language-access.pdf) further stresses this requirement applies to anyone awarded FEMA
funding. Complying with the requirement to provide meaningful access for persons with
LEP may entail providing language assistance services, including oral interpretation and
written translation. Executive Order 13166, Improving Access to Services for Persons with
Limited English Proficiency (August 11, 2000), requires federal agencies to issue guidance
to recipients, assisting such organizations and entities in understanding their language
access obligations. DHS published the required recipient guidance in April 2011, DHS
Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition
Against National Origin Discrimination Affecting Limited English Proficient Persons, 76
Fed. Reg. 21755-21768, (April 18, 2011). The Guidance provides helpful information such
as how a recipient can determine the extent of its obligation to provide language services,
selecting language services, and elements of an effective plan on language assistance for
LEP persons. For additional assistance and information regarding language access
obligations, please refer to the DHS Recipient Guidance at https://www.dhs.gov/quidance-
published-help-department-supported-organizations-provide-meaningful-access-people-
limited and additional resources on.https://www.lep.qov.
b. Subrecipients are encouraged to perform and document their analysis of the most
appropriate language assistance services necessary to ensure a LEP individual has
meaningful access to the Subrecipient's programs and activities. The analysis should
consider
i. The number or proportion of LEP individuals eligible to be served or likely
encountered by the program
ii. The frequency with which LEP individuals come in contact with the program
iii. The nature and importance of the program, activity, or service provided by the
program to people's lives
iv. The resources available to the program and costs
B. EMPG PROGRAM SPECIFIC REQUIREMENTS
The Department receives EMPG funding from DHS/FEMA, to assist state, local, and tribal governments
to enhance and sustain all -hazards emergency management capabilities as authorized by Robert T.
Stafford Disaster Relief and Emergency Assistance Act, as amended (42 U.S.C. §§ 5121 et seq.) and
Section 662 of the Post Katrina Emergency Management Act (6 U.S.C. § 762).
A portion of the grant program is passed through to local jurisdictions and tribes with emergency
management programs to supplement their local/tribal operating budgets to help sustain and enhance
emergency management capabilities pursuant to Washington Administrative Code (WAC) 118-09.
a. The Subrecipient shall use the EMPG funds authorized under this Agreement only to perform
tasks as described in the Work Plan (Attachment D) and the Subrecipient 's approved application
for funding, incorporated into this Agreement.
b. Funding may not be used to replace or supplant non-federal funding of emergency management
programs.
DHS-FEMA-EMPG-FY25 Page 11 of 49 Grant County Sheriff's Office, E26-286
C. The Subrecipient shall provide a fifty percent (50%) cash match from non-federal source(s). The
Federal share applied toward the EMPG budget shall not exceed fifty percent of the total budget
as submitted and approved in the application and documented in the Budget (Attachment F). To
meet matching requirements, the Subrecipient's cash matching contributions must be verifiable,
reasonable, allowable, allocable, and necessary under the grant program and must comply with
all state and Federal requirements and regulations, including, but not limited to, 2 CFR Part 200.
An appropriate mechanism must be in place to capture, track, and document matching funds.
d. To gather data for the required FEMA deliverables (i.e., Stakeholder Preparedness Review [SPR],
Threat Hazard Identification and Risk Assessment [THIRA]), EMD is continuing the pilot of the
three-year County Emergency Preparedness Assessment (CEPA) process with workshops
occurring in a third of the 39 counties each calendar year 2024-2026. All Subrecipients that have
not completed a CEPA workshop in calendar year 2024 or 2025, m- participate in and complete
a CEPA workshop located in their county in calendar year 2026to receive EMPG funding.
e. Subrecipients shall participate in the State's Integrated Preparedness Planning Workshop
(IPPW). Non -participation may result in withholding funding under future grant years.
f. If funding is allocated to non-FEMA training, the Subrecipient must request ror written approval
from the Department Key Personnel before attending the training. The Department will coordinate
approval with the State Training Point of Contact. Pursuant to DHS/FEMA Grant Programs
Directorate Information Bulletin No. 432, Review and Approval Requirements for Training
Courses Funded Through Preparedness Grants, https://www.fema.gov/sites/default/files/2020-
04/Training Course Review and Approval IB Final 7 19 18.pdf, the training must fall within
the FEMA mission scope and be in alignment with the Subrecipient's Emergency Operations Plan.
This requirement only applies to training courses and does not include attendance at conferences.
Furthermore, additional federal approvals are required for courses that relate to Countering
Violent Extremism prior to attendance.
g. All personnel funded under this Agreement shall complete and record proof of completion of:
i. NIMS training Independent Study (IS): IS-100, IS-200, IS-700, and IS-800, and
ii. Either the FEMA Professional Development Series (PDS) IS-120, IS-2301 IS-2359 IS-2401
IS-241, IS-242, and IS-244, or the Emergency Management Professionals Program (EMPP)
Basic Academy IS-230, E/L101, E/L 102, E/L103, E/L104 and E/L105.
C. DHS TERMS AND CONDITIONS
As a Subrecipient of 25EMPG funding, the Subrecipient shall comply with all applicable DHS terms and
conditions of the 25EMPG Award Letter and its incorporated documents for the Grant, which are
incorporated and made a part of this Agreement as Attachment C.
DHS-FEMA-EMPG-FY25 Page 12 of 49 Grant County Sheriff's Office, E26-286
Washington State Military Department
GENERAL TERMS AND CONDITIONS
Department of Homeland Security (DHS)/
Federal Emergency Management Agency (FEMA)
Grants
A.1 DEFINITIONS
Attachment B
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.
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 Subrecipient
under this Agreement.
C. "Monitoring Activities" means all administrative, financial, or other review activities that are
conducted to ensure compliance with all state and federal laws, rules, regulations, authorities,
and policies.
d. "Subrecipient" when capitalized is primarily used throughout this Agreement in reference to the
non-federal entity identified on the Face Sheet of this Agreement that has received a subaward
from the Department. However, the definition of "Subrecipient" is the same as in 2 CFR 200.1 for
all other purposes.
A.2 ADVANCE PAYMENTS PROHIBITED
The Department shall make no payments in advance or in anticipation of goods or services to be provided
under this Agreement. The 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
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 Subrecipient I s project(s).
A.4 AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336,42 U.S.C. 12101 ET
SEQ. AND ITS IMPLEMENTING REGULATIONS ALSO REFERRED TO AS THE "ADA" 28 CFR Part
35.
Except as provided herein, the Subrecipient must comply with the ADA, which provides comprehensive
civil rights protection to individuals with disabilities in the areas of employment, public accommodations,
state and local government services, and telecommunication. If the ADA does not apply to the
Subrecipient because the Subrecipient is a federal recognized Indian Tribe, then the acceptance by the
Tribe of, or acquiescence to, these General Terms and Conditions does not change or alter its
inapplicability to the 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.
A.5 ASSURANCES
The Department and Subrecipient agree that all activity pursuant to this Agreement will be in accordance
with all the applicable current federal, state and local laws, rules and regulations.
DHS-FEMA-EMPG-FY25 Page 13 of 49 Grant County Sheriff's Office, E26-286
A.6 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, OR INELIGIBILITY
As federal funds are a basis for this Agreement, the Subrecipient certifies that the Subrecipient is not
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participating in this Agreement by any federal department or agency.
The Subrecipient shall complete, sign, and return a Certification Regarding Debarment, Suspension,
Ineligibility, and Voluntary Exclusion form located at https://mil.wa.gov/requiredgrantforms. Any such form
completed by the Subrecipient for this Agreement shall be incorporated into this Agreement by reference.
Further, the Subrecipient agrees to comply with all applicable federal regulations concerning the federal
debarment and suspension system, including 2 CFR Part 180. The Subrecipient certifies that it will ensure
that potential contractors or subrecipients or any of their principals are not debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in "covered
transactions" by any federal department or agency. "Covered transactions" include procurement
contracts for goods or services awarded under a non -procurement transaction (e.g., grant or cooperative
agreement) that are expected to equal or exceed $25,000, and subawards to subrecipients for any
amount. With respect to covered transactions, the Subrecipient may comply with this provision by
obtaining a certification statement from the potential contractor or subrecipient or by checking the System
for Award Management (hftps://sam.qov/SAM/) maintained by the federal government. The Subrecipient
also agrees not to enter into any arrangements or contracts with any party on the Washington State
Department of Labor and Industries' "Debarred Contractor List'
(https://secure.ini.wa.gov/debarandstrike/ContractorDebarLis ).px). The Subrecipient also agrees not
to enter into any agreements or contracts for the purchase of goods and services with any party on the
Department of Enterprise Services' Debarred Vendor List (https://www.des.wa.gov/services/contracting-
purchasing/doinq-business-state/vendor-debarment).
A.7 CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING
As required by 44 CFR Part 18, the Subrecipient hereby certifies that to the best of its knowledge and
belief: (1) no federally appropriated funds have been paid or will be paid by or on behalf of the
Subrecipient to any person for influencing or attempting to influence an officer or employee of an agency,
a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress
in connection with the awarding of any federal contract, the making of any federal grant, the making of
any federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement; (2)
that if any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this
Agreement, grant, loan, or cooperative agreement, the Subrecipient will complete and submit Standard
Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; (3) and that, as
applicable, the Subrecipient will require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants,
loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly. This
certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into and is a prerequisite for making or entering into this transaction imposed by 31
U.S.C. 1352.
A.8 COMPLIANCE WITH APPLICABLE STATUTES, RULES AND DEPARTMENT POLICIES
The Subrecipient and all its contractors and subrecipients shall comply with, and the Department is not
responsible for determining compliance with, any and all applicable federal, state, and local laws,
regulations, executive orders, OMB Circulars, and/or policies. This obligation includes, but is not limited
to: nondiscrimination laws and/or policies, Energy Policy and Conservation Act (PL 94-163, as amended),
the Americans with Disabilities Act (ADA), Age Discrimination Act of 1975, Title VI of the Civil Rights Act
of 1964, Civil Rights Act of 1968, the Robert T. Stafford Disaster Relief and Emergency Assistance Act,
(PL 93-288, as amended), Ethics in Public Service (RCW 42.52), Covenant Against Contingent Fees (48
CFR Section 52.203-5), Public Records Act (RCW 42.56), Prevailing Wages on Public Works (RCW
39.12), State Environmental Policy Act (RCW 43.21 C), Shoreline Management Act of 1971 (RCW 90.58)7
State Building Code (RCW 19.27), Energy Related Building Standards (RCW 19.27A), Provisions in
Buildings for Aged and Handicapped Persons (RCW 70.92), and safety and health regulations.
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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; no member of the governing body of the jurisdiction in which the project is
undertaken or located; and no other official of the Subrecipient who exercises any functions or
responsibilities with respect to the project during his or her tenure, shall have any personal or pecuniary
gain or interest, direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to be
performed in connection with the project assisted under this Agreement.
The Subrecipient shall incorporate, or cause to incorporate, in all such contracts or subawards, a
provision prohibiting such interest pursuant to this provision.
A.10 CONTRACTING & PROCUREMENT
a. The Subrecipient shall use a competitive procurement process in the procurement and award of
any contracts with contractors or subcontractors that are entered into under the original
agreement award. The procurement process followed shall be in accordance with 2 CFR Part
200.318, General procurement standards, through 200.327, Contract provisions.
As required by Appendix II to 2 CFR Part 200, all contracts entered into by the Subrecipient under
this Agreement must include the following provisions, as applicable:
1) Contracts for more than the simplified acquisition threshold, which is the inflation adjusted
amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition
Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address
administrative, contractual, or legal remedies in instances where contractors violate or
breach contract terms, and provide for such sanctions and penalties as appropriate.
2) All contracts in excess of $10,000 must address termination for cause and for convenience
by the non-federal entity including the manner by which it will be effected and the basis for
settlement.
3) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all
contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part
60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in
accordance with Executive Order 11246, "Equal Employment 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. 3141-3148). When required by Federal program
legislation, all prime construction contracts in excess of $2,000 awarded by non-federal
entities must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 3141-
3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part
5, "Labor Standards Provisions 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
Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or
Grants from the United States"). The Act provides that each contractor or Subrecipient must
DHS-FEMA-EMPG-FY25 Page 15 of 49 Grant County Sheriff's Office, E26-286
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
employment 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 in surroundings or
under working conditions which are unsanitary, hazardous or dangerous. These
requirements do not apply to the purchases of supplies or materials or articles ordinarily
available on the open market, or contracts for transportation or transmission of intelligence.
6) Rights to 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 regarding
the substitution of parties, assignment or performance of experimental, developmental, or
research work under that "funding agreement," the recipient or Subrecipient must comply
with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit
Organizations and Small Business. Firms Under Government Grants, Contracts and
Cooperative Agreements," and any implementing regulations issued by the awarding agency.
7) Clean Air Act (42 U.S.C. 7401-7671 q.) and the Federal Water Pollution Control Act (33
U.S.C. 1251-1387), as amended Contracts and subgrants of amounts in excess of
$150,000 must contain a provision that requires the non-federal award to agree to comply
with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42
U.S.C. 7401-7671 q) and the Federal Water Pollution Control Act as amended (33 U.S.C.
1251-1387). Violations must be reported to the federal awarding agency and the Regional
Office of the Environmental Protection Agency (EPA).
8) Debarment and Suspension (Executive Orders 12549 and 12689) A contract award (see 2
CFR 180.220) must not be made to parties listed on the government -wide exclusions in the
System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180
that implement Executive Orders 12549 (3 CFR part 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
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
DHS-FEMA EMPG-FY25 Page 16 of 49 Grant County Sheriff's Office, E26-286
$10,000 or the value of the quantity acquired during the preceding fiscal year exceeded
$10,000; procuring solid waste management services in a manner that maximizes energy
and resource recovery; and establishing an affirmative procurement program for
procurement of recovered materials identified in the EPA guidelines.
11) Notice of federal awarding agency requirements and regulations pertaining to reporting.
12) Federal awarding agency requirements and regulations pertaining to copyrights and rights in
data.
13) Access by the Department, the Subrecipient, the federal awarding agency, the Comptroller
General of the United States, or any of their duly authorized representatives to any books,
documents, papers, and records of the contractor which are directly pertinent to that specific
contract for the purpose of making audit, examination, excerpts, and transcriptions.
14) Retention of all required records for six (6) years after the Subrecipient has made final
payments and all other pending matters are closed.
15) Mandatory standards and policies relating to energy efficiency which are contained in the
state energy conservation plan 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
Subrecipient should, to the greatest extent practicable under a Federal award, provide a
preference for the purchase, acquisition, or use of goods, products, or materials produced in
the United States, as required in 2 CFR Part 200.322, in every contract, subcontract,
purchase order, or sub -award that is chargeable against 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 (2018).
b. The Department reserves the right to review the Subrecipient's procurement plans and
documents and require the Subrecipient to make changes to bring its plans and documents into
compliance with the requirements of 2 CFR Part 200.317 through-200.327. The Subrecipient must
ensure that its procurement process requires contractors and subcontractors to provide adequate
documentation with sufficient detail to support the costs of the project and to allow both the
Subrecipient and Department to make a determination on eligibility of project costs.
C. All contracting agreements entered into pursuant to this Agreement shall incorporate this
Agreement by reference.
A.11 DISCLOSURE
The use or disclosure by any party of any information concerning the Department for any purpose not
directly connected with the administration of the Department's or the 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.
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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 represent that they have the authority to bind their respective
organizations to this Agreement. Only the Department's Authorized Signature representative and the
Authorized Signature representative of the Subrecipient or Alternate for the Subrecipient, formally
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 all 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.16 NONASSIGNABILITY
Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by
the Subrecipient.
A.17 NONDISCRIMINATION
During the performance of this agreement, the Subrecipient shall comply with all federal and state
nondiscrimination statutes and regulations. These requirements include, but are not limited to:
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 veteran status, or the presence of any sensory,
DHS-FEMA-EMPG-FY25 Page 18 of 49 Grant County Sheriff's Office, E26-286
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 veteran status, or the presence of
any sensory, mental, or physical handicap. Such action shall include, but not be limited to, the
following: Employment, upgrading, demotion, or transfer, recruitment or recruitment selection for
training, including apprenticeships and volunteers.
A.18 NOTICES
The Subrecipient shall comply with all public notices or notices to individuals required by applicable local,
state and federal laws and regulations and shall maintain a record of this compliance.
A.19 OCCUPATIONAL SAFETY/HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/HEALTH ACT
(OSHA/WISHA)
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 Subrecipient further agrees to indemnify and hold harmless
the Department and its employees and agents from all liability, damages and costs of any nature,
including, but not limited to, costs of suits and attorneys' fees assessed against the 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 funds 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 Part200.315, FEMA reserves a royalty-.
free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize
others to use the work for government purposes.
Publication resulting from work performed under this Agreement shall include an acknowledgement of
FEMA's financial support, by the Assistance Listings Number (formerly CFDA Number), and a statement
that the publication does not constitute an endorsement by FEMA or reflect FEMA's views.
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-FY25 Page 19 of 49 Grant County Sheriff's Office, E26-286
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 expenses thereof, 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 WORK/WORK 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 the project, as these phrases are applicable to this project, is solely that of the Subrecipient, as is
responsibility for any claim or suit of any nature by any third party related in any way to the project.
Prior to the start of any construction activity, the Subrecipient shall ensure that all applicable federal,
state, and local permits and clearances are obtained, including, but not limited to, FEMA compliance with
the National Environmental Policy Act, the National Historic Preservation Act, the Endangered Species
Act, and all other environmental laws, regulations, and executive orders.
The Subrecipient shall defend, at its own cost, any and all claims or suits at law or in equity, which may
be brought against the Subrecipient in connection with the project. The Subrecipient shall not look to the
Department, or to any state or federal agency, or to any of their employees or agents, for any
performance, assistance, or any payment or indemnity, including, but not limited to, cost of defense
and/or attorneys' fees, in connection with any claim 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 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.
Subrecipients of a federal award, that expend $1,000,000 or more in one fiscal year of federal funds from
all sources, direct and indirect, are required to have a single or a program -specific audit conducted in
accordance with 2 CFR Part 200 Subpart F. Subrecipients that spend less than $1,000,000 a year in
federal awards are exempt from federal audit requirements for that year, except as noted in 2 CFR Part
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200 Subpart F. As defined in 2 CFR Part 200, the term LEsubrecipient17 means an entity that receives a
subaward from a pass -through entity to carry out part of a federal award.
Subrecipients that are required to have an audit must ensure the audit is performed in accordance with
Generally Accepted Government Auditing Standards (GALAS) as found in the Government Auditing
Standards (the Revised Yellow Book) developed by the United States Comptroller General and the OMB
Compliance Supplement. The Subrecipient has the responsibility of notifying its auditor and requesting
an audit in compliance with 2 CFR Part 200 Subpart F, to include the Washington State Auditor's Office,
a federal auditor, or a public accountant performing work using GALAS, as appropriate. Costs of the
audit may be an allowable grant expenditure as authorized by 2 CFR Part 200.425.
The Subrecipient shall maintain auditable records and accounts so as to facilitate the audit requirement
and shall ensure that any subcontractors also maintain auditable records. The Subrecipient is responsible
for any audit exceptions incurred by its own organization or that of its subcontractors. Responses to any
unresolved management findings and disallowed or questioned costs shall be included with the audit
report. The Subrecipient must respond to Department requests for information or corrective action
concerning audit issues or findings within 30 days of the date of request. The Department reserves the
right to recover from the Subrecipient all disallowed costs resulting from the audit.
After the single audit has been completed, and if it includes any audit findings, the Subrecipient must
send a full copy of the audit and its Corrective Action Plan to the Department at the following address no
later than nine (9) months after the end of the Subrecipient's fiscal year(s):
Contracts Office
Washington Military Department
Finance Division, Building #1 TA-20
Camp Murray, WA 98430-5032
OR
Contracts.OfficeCaD,m i I.wa.gov
The Department retains the sole discretion to determine whether a valid claim for an exemption from the
audit requirements of this provision has been established.
Conducting a single or program -specific audit in compliance with 2 CFR Part 200 Subpart F is a material
requirement of this Agreement. In the absence of a valid claim of exemption from the audit requirements
of 2 CFR Part 200 Subpart F, the Subrecipient's failure to comply with said audit requirements may result
in one or more of the following actions in the Department's sole discretion: a percentage of federal awards
being withheld until the audit is completed in accordance with 2 CFR Part 200 Subpart F; the withholding
or disallowing of overhead costs; the suspension of federal awards until the audit is conducted and
submitted; or termination of the federal award.
A.29 SUBRECIPIENT NOT EMPLOYEE
The Subrecipient, and/or employees or agents performing under this Agreement, are not employees or
agents of the Department in any manner whatsoever. The Subrecipient will not be presented as nor
claim to be an officer or employee of the Department or of the state of Washington by reason hereof, nor
will the Subrecipient make any claim, demand, or application to or for any right, privilege or benefit
applicable to an officer or employee of the Department or of the state of Washington, including, but not
limited to, Workers' Compensation coverage, unemployment insurance benefits, social security benefits,
retirement membership or credit, or privilege or benefit which would accrue to a civil service employee
under Chapter 41.06 RCW; OFM Reg. 4.3.1.1.8.
It is understood that if the Subrecipient is another state department, state agency, state university, state
college, state community college, state board, or state commission, that the officers and employees are
employed by the state of Washington in their own right.
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 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
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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)
business days prior to termination.
A.33 TERMINATION OR SUSPENSION FOR CAUSE
In the event the Department, in its sole discretion, determines the Subrecipient has failed to fulfill in a
timely and proper manner its obligations under this Agreement, is in an unsound financial condition so
as to endanger performance hereunder, is in violation of any laws or regulations that render the
Subrecipient unable to perform any aspect of the Agreement, or has violated any of the covenants,
agreements or stipulations of this Agreement, the Department has the right to immediately suspend or
terminate this Agreement in whole or in part.
The Department may notify the Subrecipient in writing of the need to take corrective action and provide
a period of time in which to cure. The Department is not required to allow the Subrecipient an opportunity
to cure if it is not feasible as determined solely within the Department's discretion. Any time allowed for
cure shall not diminish or eliminate the Subrecipient's liability for damages or otherwise 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 days or as otherwise specified by the Department,
or if such corrective action is deemed by the Department to be insufficient, the Agreement may be
terminated in whole or in part.
The Department reserves the right to suspend all or part of the Agreement, withhold further payments,
or prohibit the Subrecipient from incurring additional obligations of funds during investigation of the
alleged compliance breach, pending corrective action by the Subrecipient, if allowed, or pending a
decision by the Department to terminate the Agreement in whole or in part.
In the event of termination, the Subrecipient shall be liable for all damages as authorized by law, including,
but not limited to, any cost difference between the original Agreement and the replacement or cover
Agreement and all administrative costs directly related to the replacement Agreement, e.g., cost of
administering the competitive solicitation process, mailing, advertising and other associated staff time.
The rights and remedies of the Department provided for in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law.
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-FY25 Page 22 of 49 Grant County Sheriff's Office, E26-286
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.
Voluntary numerical MWBE participation goals have been established and are indicated herein: Minority
Business Enterprises: (MBEs): 10% and Woman's Business Enterprises (WBEs): 6%.
A.36 VENUE
This Agreement shall be construed and enforced in accordance with, and the validity and performance
shall be governed by, the laws of the state of Washington. Except for as provided herein, venue of any
suit between the parties arising out of this Agreement shall be the Superior Court of Thurston County,
Washington, and the Subrecipient, by execution of this Agreement, acknowledges the jurisdiction of the
courts of the state of Washington. Provides, that if the Subrecipient is a federally recognized Indian Tribe,
the parties agree that, in the event either party to this Agreement commences any suit relating to or
arising from the Agreement, the United States District Court for the Western District of the State of
Washington shall have the sole and exclusive jurisdiction over such proceeding. If the court lacks federal
DHS-FEMA-EMPG-FY25 Page 23 of 49 Grant County Sheriff's Office, E26-286
subject matter jurisdiction, then the Tribe agrees to waive its sovereign immunity from suit for the limited
purpose of permitting the State to enforce the terms of this Agreement in the Superior Court of
Washington under Washington law, and venue for such suit shall be the Superior Court of Thurston
County, Washington. This limited waiver of sovereign immunity is solely for the benefit of the State. This
limited waiver of sovereign immunity shall not be for, nor shall it be construed as for, the benefit of any
other person or entity, and the Tribe does not waive its immunity with respect to any action brought by,
or on behalf of, any other entity or person.
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-FY25 Page 24 of 49 Grant County Sheriff's Office, E26-286
Attachment C
25EMPG Award Letter
EMS-2025-EP-05001
Award Letter
U.S. Department of Homeland Security
Washington, D.C. 20472
Effective date: 02/06/2026
FEMA
Sierra Wardell
MILITARY DEPARTMENT, WASHINGTON STATE
BUILDING 1 MILITIA DR STATE FINANCIAL SERVICES
CAMP MURRAY, WA 98430
EMS-2025-EP-05001
Dear Sierra Wardell,
Congratulations on behalf of the Department of Homeland Security, your application submitted for the
Fiscal Year (FY) 2025 Emergency Management Performance Grants, has been approved in the amount
of $6,835,572.00 in Federal funding. This award of federal assistance is executed as a Grant. As a
condition of this award, you are required to contribute non -Federal funds equal to or greater than
$6,835,572.00 for a total approved budget of $13,671,144.00. Please see the Fiscal Year 2025
Emergency Management Performance Grant (EMPG) Program for information on how to meet this cost
share requirement.
Before you request and receive any of the Federal funds awarded to you, you must establish
acceptance of the award through the FEMA Grants Outcomes (FEMA GO) system. By accepting this
award. , you acknowledge that the terms of the following documents are incorporated into the terms of
your award:
• Award Summary - included in this document
• Agreement Articles - included in this document
a Obligating Document - included in this document
• Fiscal Year (FY) 2025 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 official file for
this award.
Sincerely,
David Gudinas
Deputy Assistant Administrator (Acting)
Grant Programs Directorate I Resilience
DHS-FEMA-EMPG-FY25 Page 25 of 49 Grant County Sheriff's Office, E26-286
AiTe.1rolPf 1 1!U=
Program: Fiscal Year 2025 Emergency Management Performance Grant
Recipient: MILITARY DEPARTMENT, WASHINGTON STATE
UEI-EFT: D2EJRGZ2PLG8
Award number: EMS-2025-EP-05001
The Fiscal Year (FY) 2025 Emergency Management Performance Grant (EMPG) Program is one of the
grant programs that constitute DHSIFEMA's focus on all -hazards emergency preparedness. These
grant programs are part of a comprehensive set of measures authorized by Congress and implemented
by DHS/FEMA to assist state, local, tribal, and territorial emergency management agencies to
implement the National Preparedness System and the National Preparedness Goal of a secure and
resilient nation
The amount of the award is detailed in the attached Obligating Document for Award.
The following are the budgeted estimates for object classes for this award (including Federal share plus
your cost share, if applicable):
-----
Object Class
- ----- ------
Total
Personnel
$3o7152953.00
Fringe benefits
$1,800,40.00
Travel
$651.00
Equipment
$0.00
Supplies
$4,588.00
Contractual
$0.00
Construction
$0.00
Other
$82329,454.00
Indirect charges
$320,068.00
Federal
$60835;572.00
Non-federal
$6p835,1572-00
Total $132671 44.00
Program Income $0.00
3M[
After review of your application, FEMA has approved the below scope of work. Justifications are
provided for any differences between the scope of work in the original application and the approved
scope of work under this award. You must submit scope or budget revision requests for FEMA's prior
approval, via an amendment request, as appropriate per 2 C.F.R. § 200.308 and the FY2025 EMPG
NOFO.
DHS-FEMA-EMPG-FY25 Page 26 of 49 Grant County Sheriff's Office, E26-286
// due to inclusion of information with no context, pages 5-10 not included — available on request//
Of the total Federal funds, $3417786.00 has been placed on hold. See the following terms in the
Agreement Articles for more details:
. ...........
'Article
Title
number Osyment hold I
i
Article 5Funding Hold: Final FY 2025 Emergency Perfbrmance Management
5 Grant (EMPG) Work Plan $3417786.00
Agreement Articles
Program: Fiscal Year 2025 Emergency Management Performance Grant
Recipient MILITARY DEPARTMENT, WASHINGTON STATE
UEl-EFT: D2EJRGZ2PLG8
Award number: EMS-2025-EP-05001
Article Assurance, Administrative Requirements, Cost Principles, Representations, and
Certifications
Article General Acknowledgements and Assurances
2
t
Article Acknowledgement of Federal Funding from DHS
.3
Article Activities Conducted Abroad
4
Article Age Discrimination Act of 1975
Article Americans with Disabilities Act of 1990
Article 'Best Practices for Collection and Use of Personally Identifiable Information
7
Article CHIPS and Science Act of 2022, Public Low 117-167 CHIPS
-Article Civil Rights Act of 1964 — Title VI
`Article Civil Rights Act of 1968
Article Communication and Cooperation with the Department of Homeland Security and
, 11 Immigration Officials
"Article Copyright
12
Article Debarment and Suspension
13
Article Drug -Free Workplace Regulations
14
Article Duplicative Costs
15
Article Education Amendments of 1972 (Equal Opportunity in Education Act) — Title IX
16
Artide Energy Policy and Conservation Act
17
Article Equal Treatment of Faith -Based Organizations
18
'Article Anti -Discrimination
19
Article False Claims Act and Program Fraud Civil Remedies
20
DHS-FEMA-EMPG-FY25 Page 27 of 49 Grant County Sheriff's Office, E26-286
'Article Federal Debt Status
Article Federal Leadership on Reducing Text Messaging while Driving
-22
Article Fly America Act of 1974
,23
Article Hotel and Motel Fire Safety Act of 1990
,24
-Article John S. McCain National Defense Authorization Act of Fiscal Year 2019
Article Limited English Proficiency (Civil Rights Act of 1964, Title VQ
-96
Article Lobbying Prohibitions
-27
Article National Environmental Policy Act
28
Article National Security Presidential Memorandum-33 (NSPM-33) and provisions of the
,29 CHIPS and Science Act of 2022, Pub. L. 117-167, Section 10254
Article Non -Supplanting Requirement
30
Article Notice of Funding Opportunity Requirements
3.
Article Patents and Intellectual Property Rights
'12
Article Presidential Executive Orders
33
Article Procurement of Recovered Materials
Article Rehabilitation Act of 1973
35
Article Reporting Recipient Integrity and Performance Matters
36
Article Reporting Subawards, and Executive Compensation
41-M
Article Required Use of American Iron, Steel, Manufactured Products, and Construction fr
-00 Materials
Article SAFECOM
,39
Article Subreciplent Monitoring and Management
'40
Article System for Award Management and Unique Entity Identifier Requirements
41
Article Termination of a Federal Award
3A9%
Article Terrorist Financing
,43
Article Trafficking Victims Protection Act of 2000(TVPA)
AA
Art
icle Uniting and Strengthening America by Providing Appropriate Tools Required to
45 Intercept and Obstruct Terrorism (USA PATRIOT) Act of 2001, Pub. L. 107-56
Article Use of DHS Seel, Logo and Flags
46
Article Whistleblower Protection Act
47
Article Environmental Planning and Historic Preservation (EHP) Review
48
Article Applicability of DHS Standard Terms and Conditions to Tribal Nations
.49
Article Acceptance of Post Award Changes
50
Article Disposition of Equipment Acquired Under the Federal Award
51
'Article Prior Approval for Modification of Approved Budget
52
DHS-FEMA-EMPG-FY25 Page 28 of 49 Grant County Sheriff's Office, E26-286
Article Indirect Cost Rate
53
Article Build America, Buy America Act (BABAA) Required Contract Provision & Self-
_ Certification
Article Funding Hold: Final FY 2025 Emergency Performance Management Grant (EMPG)
55 Work Plan
Arti icle Compliance with Federal Immigration Law
Article Non -Applicability of Specific Terms and Agreement Articles
,57
'Article Impact of San Francisco v. Trump Preliminary Injunction
Article Impact of State of Illinois v. FEMA Injunction
59
'Article Non -Applicability of Specific Agreement Articles
'60
Article Funding Hold: Verification of State's Population
j61
Article Rescission of Agreement Articles Pursuant to State of Illinois, et al. v. FEMA, et al.
,62
Article Amended Period of Performance and Budget Period Pursuant to State of Illinois, et
63 al. v. Krist! Noem, et al. (D.RI) and State of Michigan et al. v. WWI* Noem et al. (D.OR)a
,Article Rescission of Funding Hold: Verification of State's Population Pursuant to State of
Illinois, et al. v. WIWI Noem, et al. (D.Rl) and State of Michigan at al. v. Kelstll Noem at
al, (D. 0 R)".
Article I
Article 2
Assurance, Administrative Requirements, Cost Principles,
Representations, and Certifications
1. Recipients must complete either the Office of Management and Budget (OMB)
Standard Form 424B 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.
General Acknowledgements and Assurances
Recipients are required to follow the applicable provisions of the Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards in effect as of the federal award date and located in Title 2, Code of Federal
Regulations, Part 200 and adopted by DHS at 2 C.F.R. § 3002.10. All recipients
and subreciplents must acknowledge and agree to provide DHS access to records,
accounts, documents, information, facilities, and staff pursuant to 2 C.F.R. §
200.337.1. Recipients must cooperate with any DHS compliance reviews or
compliance investigations. IL Recipients must give DHS access to examine and
copy records, accounts, and other documents and sources of information related to
the federal award and permit access to facilities and personnel. Ill. 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 required by law, federal regulation, Notice of Funding Opportunity,
federal award specific terms and conditions, and/or DHS Component program
guidance. Organization costs related to data and evaluation are allowable. The
definition of data and evaluation costs is in 2 C.F.R. § 200.455(c), the full text of
which is incorporated by reference. V. Recipients must complete DHS Form 3095
within 60 days of receipt of the Notice of Award for the first award under which this
term applies. For further instructions and to access the form, please visit:
hftpsl/www.dhs.govlcivil-fightsresources-recipients-dhs-financ7ial-assistance.
Article 3 Acknowledgement of Federal Funding from DHS
Recipients must acknowledge their use of federal award 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
award funds.
DHS-FEMA-EMPG-FY25 Page 29 of 49 Grant County Sheriff's Office, E26-286
Article 4 Activities Conducted Abroad
Recipients must coordinate with appropriate government authorities when
performing project activities outside the United States obtain all appropriate }
licenses, permits, or approvals.
f
Article v Age Discrimination Act of 1975
Recipients must comply with the requirements of the Age Discrimination Act of
1975, Pub. L. No. 94-135 (codified as amended at Title 42, U.S. Code § 6101 et
seq.), which prohibits discrimination on the basis of age in any program or activity
receiving federal financial assistance.
Article 6 Americans with Disabilities Act of 1990
Recipients roust comply with the requirements of Titles 1,11, and I i 1 of the Americans
a with Disabilities Act, Pub. L. Now 101 -336 (1 90) (codified as amended at 42 U.S.C.
§§ 1 101-12213), 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 7 Beet Practices for Collection and Use of Personally Identifiable Information
' (1) Recipients who collect personally identifiable information P11) as part of carrying
R
out the scope of work under a federal award are required to have a publicly
available privacy policy that describes standards on the usage and maintenance of
the PH they collect. () Definition. DHS defines "Pll"r as any information that permits
the identity of an individual to be directly or indirectly inferred, including any
e • w s • • • w ■ ■ w:
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.
DHS-FEMA-EMPG-FY25 Page 30 of 49 Grant County Sheriff's Office, E26-286
Article 8 CHIPS and Science Act of 2022, Public Low 117-167 CHIPS
(1) Recipients of DHS research and development (R&D) awards must report to the
DHS Component research program office any finding or determination of sex based
and sexual harassment and/or an administrative or disciplinary action taken against
principal investigators or cc -investigators to be completed by an authorized
organizational representative (AOR) at the recipient institution. (2) Notification. An
AOR must disclose the following information to agencies within 10 days of the
datelthe finding is made, or 10 days from when a recipient imposes an
administrative action on the reported individual, whichever is sooner. Reports
should include. (a) Award number, (b) Name of P1 or Co -PI being reported, (c)
Awardee name, (d) Awardee address, (e) AOR name, title, phone, and email
address, (f) Indication of the report types. (i) Finding or determination has been made
that the reported individual violated awardee policies or codes of conduct, statutes,
or regulations related to sexual harassment, sexual assault, or other forms of
harassment, including the date that the Wing was made. (ii) Imposition of an
administrative or disciplinary action by the recipient on the reporting individual
related to a finding/determination or an investigation of an alleged Violation of
recipient policy or codes of conduct, statutes, or regulations, or other forms of
harassment. (iii) The date and nature of the administrative/disciplinary action,
including a basic explanation or description of the event, which should not disclose
personally identifiable information regarding any complaints or individuals involved.
Any description provided must be consistent with the Family Educational Rights in
Privacy Act. (3) Definitions. (a) An "authorized organizational representative (AOR)"
is an administrative official who, on behalf of the proposing institution, is empowered
to make certifications and representations and can commit the institution to the
conduct of a project that an agency is being asked to support as well as adhere to
various agency policies and award requirements. (b) "Principal investigators and
co -principal investigators" are award personnel supported by a grant, cooperative
agreement, or contract under Federal law. (c) A 'reported individual" refers to
recipient personnel who have been reported to a federal agency for potential sexual
harassment violations. (d) "Sex based harassment" means a form of sex
discrimination and includes harassment based on sex, sex stereotypes, sex
characteristics, pregnancy or related conditions, sexual orientation, and gender
identity. (e) "Sexual harassment" means unwelcome sexual advances, requests for
sexual favors, and other verbal or physical conduct of a sexual nature when this
conduct expUcitly or implicitly affects an individual's employment, unreasonably
interferes with an individual's work performance, or creates an intimidating, hostile,
or offensive work environment, whether such activity is carried out by a supervisor
or by a co-worker, volunteer, or contractor.
Article 9 Civil Rights Act of 1964 Title VI
Recipients must comply with the requirements of Title VI of the Civil Rights Act of
1964, Pub. L. No. 88-352 (codified as amended at 42 U.S.C. § 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 at 6 C.F.R.
Part 21. Recipients of a federal award from the Federal Emergency Management
Agency (FEMA) must also comply With FEMA's implementing regulations at 44
C.F.R. Part 7.
Article 10 Civil Rights Act of 1968
Recipients must comply with Title Vill of the Civil Rights Act of 1968, Pub. L. No.
90284 (codified as amended at 42 U.S.C. § 3601 et seq.) 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, as implemented by the
U.S. Department of Housing and Urban Development at 24 C.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.)
DHS-FEMA-EMPG-FY25 Page 31 of 49 Grant County Sheriff's Office, E26-286
Article 11 Communication and Cooperation with the Department of Homeland
Security and Immigration Officials
(1) All recipients and other recipients of funds under this award must agree that they
will comply with the following requirements related to coordination and cooperation
with the Department of Homeland Security and immigration officials: (a) They must
comply with the requirements of 8 U.S.C. §§ 1373 and 1644. These statutes
prohibit restrictions on information sharing by state and local government entities
with DHS regarding the citizenship or immigration status, lawful or unlawful, of any
individual. Additionally, 8 U.S.C. § 1373 prohibits any person or agency from
prohibiting, or in any way restricting, a Federal, State, or local government entity
from doing any of the following with respect to information regarding the immigration
status of any individual: 1) sending such information to, or requesting or receiving
such information from, Federal immigration officials; 2) maintaining such
information; or 3) exchanging such information with any other Federal, State, or
local government entity; (b) They must comply with other relevant laws related to
immigration, including prohibitions on encouraging or inducing an alien to come to,
enter, or reside in the United States in violation of law, 8 U.S.C. § 1324(a)(1)(A)(iv),
prohibitions on transporting or moving illegal aliens,, 8 U.S.C. § 1324(a)(1)(A)(ii),
prohibitions on harboring, concealing, or shielding from detection illegal aliens, 8
U.S.C. § 1324(a)(1)(A)(iii), and any applicable conspiracy, aiding or abetting, or
attempt liability regarding these statutes; (c) That they will honor requests for
cooperation, such as participation in joint operations, sharing of information, or
requests for short term detention of an alien pursuant to a valid detainer. A
jurisdiction does not fail to comply with this requirement merely because it lacks the
necessary resources to assist in a particular instance; (d) That they will provide
access to detainees, such as when an immigration officer seeks to interview a
person who might be a removable alien; and (e) That they will not leak or otherwise
publicize the existence of an immigration enforcement operation. (2) The recipient
must certify under penalty of perjury pursuant to 28 U.S.G. § 1746 and using a form
that is acceptable to DHS, that it will comply with the requirements of this term.
Additionally, the recipient agrees that it will require any subrecipients or contractors
to certify in the same manner that they will comply with this term prior to providing
them with any funding under this award. (3) The recipient agrees that compliance
with this term is material to the Government's decision to make or continue with this
award and that the Department of homeland Security may terminate this grant, or
take any other allowable enforcement action, if the recipient falls to comply with this
term.
Article 12 Copyright
Z
Recipients must affix the applicable copyright notices of 17 U.S.C. 401 or 402 to
any work first produced under federal awards and also include an
acknowledgement that the work was produced under a federal award (including the
federal award number and federal awarding agency). As detailed in 2 C.F.R. §
200315, a federal awarding agency reserves a royalty -free, nonexclusive, and
irrevocable right to reproduce, publish, or otherwise use the work for federal
purposes and to authorize others to do so.
Article 13 Debarment and Suspension
Recipients must comply with the non -procurement debarment and suspension
regulations implementing Executive Orders 12549 and 12689 set forth at 2 C.F.R.
Part 180 as implemented by DHS at 2 C.F.R. Part 3000. These regulations prohibit
recipients from entering into covered transactions (such as 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 14 Drug -Free Workplace Regulations
Recipients must comply with drug -free workplace requirements in Subpart B (or
Subpart C, if the recipient is an individual) of 2 G.F.R. Part 3001, which adopts the
Government- wide implementation (2 C.F.R. Part 182) of the Drug -Free Workplace
Act of 1988 (41 U.S.C. §§ 8101 -8106).
DHS-FEMA-EMPG-FY25 Page 32 of 49 Grant County Sheriff's Office, E26-286
Article 15 Duplicative Costs
Recipients are prohibited from charging any cost to this federal award that will be
included as a cost or used to meet cost sharing requirements of any other federal
award in either the current or a prior budget period. See 2 C.F.R. § 200-403(f).
However, recipients may shift costs that are allowable under two or more federal
awards where otherwise permitted by federal statutes, regulations, or the federal
award terms and conditions.
Article 16 Education Amendments of 1972 (Equal Opportunity in Education Act) —
Title IX
Recipients must comply with the requirements of Title IX of the Education
Amendments of 1972, Pub. L. No. 92-318 (codified as amended at 20 U.S.C. §
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.
Recipients of a federal award from the Federal Emergency Management Agency
(FEMA) must also comply with FEMA's implementing regulations at 44 C.F.R. Part
19.
Article 17 Energy Policy and Conservation Act
Recipients must comply with the requirements of the Energy Policy and
Conservation Act, Pub. L. No. 94-163 (1975) (codified as amended at 42 U.S.C. §
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 18
Article 19
Equal Treatment of Faith -Based Organizations
It is DHS policy to ensure the equal treatment of faith -based organizations in social
service programs administered or supported by OHS 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 statutes,
regulations, and guidance governing the participations of faith -based organizations
in individual DHS programs.
Anti -Discrimination
Recipients must comply with all applicable Federal anti -discrimination laws material
to the government's payment decisions for purposes of 31 U.S.C. § 372(b)(4). (1)
Definitions. As used in this clause - (a) DEI means "diversity, equity, and inclusion."
(b) DEIA means "diversity, equity, inclusion, and accessibility." (c) Discriminatory
equity ideology has the meaning set forth in Section 2(b) of Executive Order 14190
of January 29,, 2025. (d) Federal anti -discrimination laws mean Federal civil rights
law that protect individual Americans from discrimination on the basis of race, color,
sex, religion, and national origin. (e) Illegal immigrant means any alien, as defined in
8 U.S.C. § 1101 (a)(3), who has no lawful immigration status in the United States.(2)
Grant award certification. (a) By accepting the grant award, recipients are certifying
that: (1) They do not, and will not during the term of this financial assistance award,
operate any programs that advance or promote DEI, DEIA, or discriminatory equity
ideology in violation of Federal anti -discrimination laws; and (ii) They do not engage
in and will not during the term of this award engage in, a discriminatory prohibited
boycott. (iii) They do not, and will not during the term of this award, operate any
program that benefits illegal immigrants or incentivizes illegal immigration. (3) DHS
reserves the right to suspend payments in whole or in part and/or terminate financial
assistance awards if the Secretary of Homeland Security or her designee
determines that the recipient has violated any provision of subsection (2). (4) Upon
suspension or termination under subsection (3), all funds received by the recipient
shall be deemed to be in excess of the amount that the recipient is determined to be
entitled to under the Federal award for purposes of 2 C.F.R. § 200.346. As such, all
amounts received will constitute a debt to the Federal Government that may be
pursued to the maximum extent permitted by law.
DHS-FEMA-EMPG-FY25 Page 33 of 49 Grant County Sheriff's Office, E26-286
Article 20 False Claims Act and Program Fraud Civil Remedies
Recipients must comply with the requirements of the False Claims Act, 31 U.S.C.
§§ 3729- 3733, which prohibit the submission of false or fraudulent claims for
payment to the Federal Government. (See 31 U.S.C. §§ 3801-3812, which details
the administrative remedies for false claims and statements made.)
Article 21 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-1 29.
Article 22 Federal Leadership on Reducing Text Messaging while Driving
Recipients are encouraged to adopt and enforce policies that ban text messaging
while driving recipient -owned, recipient -rented, or privately owned vehicles when on
Official government business or when performing any work for or on behalf of the
Federal Government Recipients are also encouraged to conduct the initiatives of
the type described in Section 3(a) of Executive Order 13513.
Article 23 Fly America Act of 1974
Recipients must comply with Preference for U.S' Flag Air Carriers (a list of certified
air carriers can be found at: Certificated Air Carriers List US Department of
/be
Transportation, httpsl/www.transportation.gov/policy/aviaton-policyrtificated-
aircarners-list)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. 40118, and the
interpretative guidelines issued by the Comptroller General of the United States in
the March 31,1981, amendment to Comptroller General Decision B-138942.
Article 24 Hotel and Motel Fire Safety Act of 1990
Recipients must ensure that all conference, meeting, convention, or training space
funded entirely or in part by federal award 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. 2225a.
Article 25 John S. McCain National Defense Authorization Act of Fiscal Year 2019
Recipients, 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. §§
200.218, 200.327; 200.471, and Appendix 11 to 2 C.F.R. Part 200. The statute - as
it applies to IDHS recipients, subrecipients, and their contractors and subcontractors
prohibits obligating or expending federal award funds an certain
telecommunications and Video surveillance products and contracting with certain
entities for national security reasons.
Article 26 Limited English Proficiency (Civil Rights Act of 1964, Title VQ
Recipients must comply with Title \tl of the Civil Rights Act of 1964 (42 U.S.C. §
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 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:
httpsllwww.dhs.gov/guidance-published-help- department-supported-
orgarfizationsprovide-meaningful-access-people-limited and additional resources
on httpY/www.lep.gov.
DHS-FEMA-EMPG-FY25 Page 34 of 49 Grant County Sheriff's Office, E26-286
Article 27 Lobbying Prohibitions
Recipients must comply with 31 U.S.C. § 1352 and 6 C.F.R. Part 9, which provide
that none of the funds provided under a federal 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
or an employee of a Member iber of Congress In connection with any federal
action related to a federal award or contract, including any extension, continuation,
renewal, amendment, or modification. Per 6 C.F.R. Part 9, recipients must file a
lobbying certification form as described in Appendix A to 6 C.F.R. Part 9 or
available on Grants.gov as the Grants.gov Lobbying Form and file a lobbying
disclosure form as described in Appendix B to 6 C.F.R. Part 9 or available on
Grants.gov as the Disclosure of Lobbying Activities (SF-LLL).
Article 28 National Environmental Policy Act
Recipients must comply with the requirements of the National Environmental Policy
Act of 1969, Pub. L. No. 91-190 (1970) (codified as amended at 42 U.S.C. § 4321
et seq.) (N EPA) 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 29 National Security Presidential Memorandum-33 (NSPM-33) and provisions
of the CHIPS and Science Act of 2022, Pub. L. 117-167, Section 10254
(1) Recipient research institutions ("covered institutions") must comply with the
requirements in NSPM-33 and provisions of Pub. U 17-167, Section 10254
(codified at 42 U.S.C. § 18951) certifying that the institution has established and
operates a research security program that includes elements relating to: (a)
cybersecurity; (b) foreign travel security; (c) research security training; and (d)
export control training, as appropriate. (2) Definition. "Covered institutions" means
recipient research institutions receiving federal Research and Development (R&D)
science and engineering support 'in excess of $50 million per year."
Article 30 Non -Supplanting Requirement
Recipients of federal awards under programs that prohibit supplanting by law must
a
ensure that federal funds supplement but do not supplant non-federal funds that, in
the absence of such federal funds, would otherwise have been made available for
the same purpose.
Article 31 Notice of Funding Opportunity Requirements
All the instructions, guidance, limitations, scope of work, and other conditions set
forth in the Notice of Funding Opportunity (NOFO) for this federal award are
incorporated by reference. All recipients must comply with any such requirements
set forth in the NOFO. If a condition of the NOFO is inconsistent with these terms
and conditions and any such terms of the federal award, the condition in the NOFO
shall be invalid to the extent of the inconsistency. The remainder of that condition
and all other conditions set forth in the NOFO shall remain in effect.
Article 32 Patents and Intellectual Property Rights
Recipients are subject to the Bayh-Dole Act, 35 U.S.C. § 200 et seq. and applicable
regulations governing inventions and patents, including the regulations issued by
the Department of Commerce at 37 C.F.R. Part 401 (Rights to Inventions Made by
Nonprofit Organizations and Small Business Firms under Government Awards,
Contracts, and Cooperative Agreements) and the standard patent rights clause set
forth at 37 C.F.R. § 401.14.
Article 33 Presidential Executive Orders
Recipients must comply with the requirements of Presidential Executive Orders
related to grants (also known as federal assistance and financial assistance), the
full text of which are incorporated by reference.
DHS-FEMA-EMPG-FY25 Page 35 of 49 Grant County Sheriff's Office, E26-286
Article 34 Procurement of Recovered Materials
Article 35
Article 36
States, political subdivisions of states, and their contractors must comply with
Section 6002 of the Solid Waste l3isposal Act, Pub. L. No. 89-272 (1965) (codified
as amended by the Resource Conservation and Recovery Act at 42 U.S.C. § 6962)
and 2 C.F.R. § 200-323. 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.
Rehabilitation Act of 1973
Recipients must comply with the requirements of Section 504 of the Rehabilitation
Act of 1973, Pub. L. No. 93-112 (codified as amended at 29 U.S.C. § 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.
Reporting Recipient Integrity and Performance Matters
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 the federal award, then the
recipient must comply with the requirements set forth in the government -wide
federal award term and condition for Recipient Integrity and Performance Matters is
in 2 C.F.R. Part 200, Appendix X11, the full text of which is incorporated by
reference.
Article 37 Reporting Subawards and Executive Compensation
For federal awards that total or exceed $30,000, recipients are required to comply
with the requirements set forth in the government -wide federal award term and
condition on Reporting Subawards and Executive Compensation set forth at 2
C.F.R. Part 170, Appendix A, the full text of which is incorporated by reference.
DHS-FEMA-EMPG-FY25 Page 36 of 49 Grant County Sheriff's Office, E26-286
Article 38 Required Use of American Iron, Steel, Manufactured Products, and
Construction Materials
(1) Recipients of a federal award from a financial assistance program that provides
funding for infrastructure are hereby notified that none of the funds provided under
this federal award may be used for a project for infrastructure unless: (a) 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; (b) 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 (c) all construction materials are
manufactured in the United States —this means that all manufacturing processes
for the construction material occurred in the United States. (2) 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 (3) Waivers When
necessary, recipients may apply for, and the agency may grant, a waiver from these
requirements. The agency should notify the recipient for information on the process
for requesting a waiver from these requirements. (a) When the Federal agency has
determined that one of the following exceptions applies, the federal awarding official
may waive the application of the domestic content procurement preference in any
case in which the agency determines that: (i) applying the domestic content
procurement preference would be inconsistent with the public interest; (ii) 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 (iii) 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. (b) 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. (c) There
may be instances where a federal award qualifies, in whole or in part, for an existing
waiver described at "Buy America" Preference in FERIA Financial Assistance
Programs for Infrastructure I FEMA.gov. (4) Definitions. The definitions applicable to
this term are set forth at 2 C.F.R. § 184.3, the full text of which is incorporated by
reference.
Article 39 SAFECOM
Recipients receiving federal 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.
The SAFECOM Guidance is updated annually and can be found at Funding and
Sustainment GISA.
Article 40 Subrecipient Monitoring and Management
Pass -through entities must comply with the requirements for subrecipient
monitoring and management as set forth in 2 C.F.R. §§ 200.331 -333.
Article 41 System for Award Management and Unique Entity Identifier Requirements
Recipients are required to comply With the requirements set forth in the
governmentwide federal award term and condition regarding the System for Award
Management and Unique Entity Identifier Requirements in 2 C.F.R. Part 25,
Appendix A, the full text of which is incorporated reference.
DHS-FEMA-EMPG-FY25 Page 37 of 49 Grant County Sheriff's Office, E26-286
Article 42 Termination of a Federal Award
(1) By DHS. DHS may terminate a federal award, in whole or in part, for the
following reasons: (a) If the recipient fails to comply with the terms and conditions of
the federal award; (b) With the consent of the recipient, in which case the parties
must agree upon the termination conditions, including the effective date, and in the
case of partial termination, the portion to be terminated; or (c) Pursuant to the terms
and conditions of the federal award, including, to the extent authorized by law, if the
federal award no longer effectuates the program goals or agency priorities. (3) By
the Recipient. The recipient may terminate the federal award, in whole or in part, by
sending written notification to DHS stating the reasons for such termination, the
effective date, and in the case of partial termination, the portion to be terminated.
However, if DHS determines that the remaining portion of the federal award Will not
accomplish the purposes for which the federal award was made, DHS may
terminate the federal award in its entirety. (4) Notice. Either party will provide written
notice of intent to terminate for any reason to the other party no less than 30
calendar days prior to the effective date of the termination. (5) Compliance with
Closeout Requirements for Terminated Awards. The recipient must continue to
comply with closeout requirements in 2 C.F.R. §§ 200.344200.345 after an award is
terminated.
Article 43 Terrorist Financing
Recipients must comply with Executive Order 13224 and applicable statutory
prohibitions on transactions with, and the provisions of resources and support to,
individuals and organizations associated with terrorism. Recipients are legally
responsible for ensuring compliance With the Executive Order and laws.
Article 44 Trafficking Victims Protection Act of 2000(TVPA)
Recipients must comply with the requirements of the government -wide federal
award term and condition which implements Trafficking Victims Protection Act of
2000, Pub. L. No. 106-386, § 106 (codified as amended at 22 U.S.C. § 7104). The
federal award term and condition is in 2 C.F.R. § 175.105, the full text of which is
incorporated by reference.
i
Article 45 Uniting and Strengthening America by Providing Appropriate Tools
Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act of 2001,
Pub. L. 107-56
Recipients must comply with the requirements of Pub. L. 107-56, Section 817 of the
USA PATRIOT Act, which amends 18 U.S.C. §§ 175-175c.
Article 46 Use of DHS Seel, Logo and Flags
Recipients must obtain written permission from DHS prior to using the DHS seals,
logos, crests, or reproductions of flags, or likenesses of DHS agency officials. This
includes use of DHS component (e.g., FEMA, CISA, etc.) seals, logos, crests, or
reproductions of flags, or likenesses of component officials.
Article 47 Whistleblower Protection Act
Recipients must comply with the statutory requirements for whistleblower
protections in 10 U.S.0 § 470141 U.S.C. § 4712.
DHS-FEMA-EMPG-FY25 Page 38 of 49 Grant County Sheriff's Office, E26-286
Article 48 Environmental Planning and Historic Preservation (EHP) Review
DHS/FEMA funded activities that could have an impact on the environment 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; Endangered Species Act; National Historic
Preservation Act of 1966, as amended; Clean Water Act; Clean Air Act; National
Flood Insurance Program regulations; and any other applicable laws, regulations
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. Applicants should contact
their grant Program Officer to be put into contact with EHP staff responsible for
assisting their specific grant program. The FEMA EHP review process must be
completed before funds are released to carry out the proposed project, otherwise,
DHSIFEMA may not be able to fund the project due to noncompliance with EHP
laws, executive orders, regulations, and policies. DHS/FEMA may also need to
perform a project closeout review to ensure the applicant complied with all required
EHP conditions identified in the initial review. If ground disturbing activities occur
during construction, the applicant will monitor the 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
DHSIFEMA. EO 11988, Floodplain Management, and EO 11990, Protection of
Wetlands, require that all federal actions in or affecting the floodplain or wetlands be
reviewed for opportunities to relocate, and be evaluated for social, economic,
historical, environmental, legal, and safety considerations. FEMA's regulations at
44 C.F.R. Part 9 implement the EOs and require an eight -step review process if a
proposed action is in a floodplain or wetland or has the potential to affect or be
affected by a floodplain or wetland. The regulation also requires that the federal
agency provide public notice of the proposed action at the earliest possible time to
provide the opportunity for public involvement in the decision -making process (44
C.F.R. § 9.8). Where there is no opportunity to relocate the federal action, FEMA is
required to undertake a detailed review to determine what measures can be taken
to minimize future damages to the floodplain or wetland.
Article 49 Applicability of DHS Standard Terms and Conditions to Tribal Nations
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 Tribal
Nations, or there is a federal law or regulation exempting its application to Tribal
Nations, then the acceptance by Tribal Nations, or acquiescence to DHS Standard
Terms and Conditions does not change or alter its inapplicability to a Tribal Nation.
The execution of grant documents is not intended to change, alter, amend, or
impose additional liability or responsibility upon the Tribal Nations where it does not
already exist.
Article 50 Acceptance of Post Award Changes
In the event FEMA determines that an error in the award package has been made,
or if an administrative change must be made to the award package, recipients will
be notified of the change in writing. Once the notification has been made, any
subsequent requests for funds will indicate recipient acceptance of the changes to
the award. Please email FEMA Grant Management Operations at: ASK-
GMD@fema.dhs.gov for any questions.
DHS-FEMA-EMPG-FY25 Page 39 of 49 Grant County Sheriff's Office, E26-286
Article 51 Disposition of Equipment Acquired Under the Federal Award
when on ;nol or no 1,mr,,om n+ rU A 4 44-%rA I
V V0%4U V1 I IV" C;Lu4u
Article 52 Prior Approval for Modification of Approved Budget
Before making any change to the FEMA approved budget for this award, a written
request must be submitted and approved by FEMA as required by 2 C.F.R. section
200308. For purposes of non -construction projects, FEMA is utilizing its discretion
to impose an additional restriction under 2 C.F.R. section 200308(i) regarding the
transfer of funds among direct cost categories, programs, functions, or activities.
For awards with an approved budget where the federal share is greater than the
simplified acquisition threshold (currency $250,000) and where the cumulative
amount of such transfers exceeds or is expected to exceed ten percent (10%) of the
total budget FEMA last approved, transferring funds among direct cost categories,
programs, functions, or activities is unallowable without prior written approval from
FEMA. For purposes of awards that support both construction and non -construction
work, 2 C.F.R. section 200308((f)(9) requires the recipient to obtain prior written
approval from FEMA before making any fund or budget transfers between the two
types of work. Any deviations from a FEMA approved budget must be reported in
the first Federal Financial Report (SF-425) that is submitted following any budget
deviation, regardless of whether the budget deviation requires prior written
approval.
Article 53 Indirect Cost Rate
2 C.F.R. section 200.211(b)(16) requires the terms of the award to include the
indirect cost rate for the federal award. If applicable, the indirect cost rate for the
award is stated in the budget documents or other materials approved by FEMA and
included in the award file.
Article 54
Article 55
Build America, Buy America Act (BABAA) Required Contract Provision &
Self -Certification
In addition to the DHS Standard Terms & Conditions regarding Required Use of
American Iran, Steel, Manufactured Products, and Construction Materials,
recipients and subrecipients of FEMA financial assistance for programs that are
subject to BABAA must include a Buy America preference contract provision as
noted in 2 C.F.R. section 184.4 and a self -certification as required by the FEMA Buy
America Preference in FEMA Financial Assistance Programs for Infrastructure
(FEMA Interim Policy #207-22-0001). This requirement applies to all subawards,
contracts, and purchase orders for work performed, or products supplied under the
FEMA award subject to BABAA.
Funding Hold: Final FY 2025 Emergency Performance Management Grant
(EMPG) Work Plan
FEMA has placed a funding hold on this award. $3,417,786 is on hold in the FEMA
finan-vial systems. The recipient is prohibited from obligating, expending, or
drawing down the funds associated with the following projects/investments: State of
Washington FY 2025 Emergency Management Performance Grant (EMPG),
$3,417,786. To release the funding hold, the recipient must provide a final FY 2025
EMPG Work Plan by January 14, 2026, that meets the requirements of the FY 2025
Emergency Management Performance Grant (EMPG) Notice of Funding
Opportunity (NOFO). FEMA will rescind the funding hold upon its review and
approval of the final FY 2025 EMPG Work Plan. If you believe this funding hold was
placed in error, please contact the relevant Grants Man-agement Specialist.
DHS-FEMA-EMPG-FY25 Page 40 of 49 Grant County Sheriff's Office, E26-286
Article 56 Compliance with Federal Immigration Lew
1. Prohibition a. The state or territorial recipient is prohibited from making
subawards to a local government that the Department of Homeland Security or the
Department of Justice has designated as a sanctuary jurisdiction. If the Department
of Homeland Security or Department of Justice designates a local government as a
sanctuary jurisdiction after the state or territorial recipient makes a subaward to that
local government, the state or territorial recipient must suspend the subaward, the
state or territorial recipient must not make any additional payments to the local
government, and the local government is prohibited from making any financial
obligations under the subaward on and after the date of designation until the
Department of Homeland Security or Department of Justice removes that
designation. b. The Department of Homeland Security designates a local
government as a sanctuary jurisdiction if it fails to comply with the requirements set
forth in paragraphs 2.a.1 to v of this term and condition. 2. Certification a. The state
or territorial recipient must require all local government subrecipients to certify
under penalty of perjury pursuant to 28 U.S.C. § 1746, and using a form that is
acceptable to the Department of Homeland Security, that the local government will
comply with the following requirements related to coordination and cooperation with
the Department of Homeland Security and immigration officials: i. They will comply
t with the requirements of 8 U.S.C. §§ 1373 and 1644. These statutes prohibit
restrictions on information sharing by state and local government entities with the
Department of Homeland Security regarding the citizenship or immigration status,
lawful or unlawful, of any individual. additionally, 3 U.S.C. § 1373 prohibits any
person or agency from prohibiting, or in any way restricting, a Federal, state, or
F local government entity from doing any of the following with respect to information
regarding the immigration status of any individual: (1) sending such information to,
or requesting or receiving such information from, Federal immigration officials; (2)
maintaining such information; or (3) exchanging such information with any other
Federal, state, or local government entity. ii. They will comply with other relevant
laws related to immigration, including prohibitions on encouraging or inducing an
' alien to come to, enter, or reside in the United States in violation of law, 8 U.S.C.
1324(a)(1 )(A)(iv), prohibitions on transporting or moving illegal aliens, 8 U.S.C. §
1324(a)(1 )(A)(ii), prohibitions on harboring, congealing, or shielding from detection
illegal aliens, 8 U.S.C. § 1324(a)(1)(A)(iii), and any applicable conspiracy, aiding or
abetting, or attempt liability regarding these statutes. iii. They will honor requests for
cooperation, such as participating in joint operations, sharing of information, or
s requests for shot term detention of an alien pursuant to a valid detainer. A
jurisdiction does not fail to comply with this requirement merely because it lacks the
necessary resources to assist in a particular instance. iv. They will provide access
to detainees, such as when an immigration officer seeks to interview a person who
might be a removable alien. v. They will not leak or otherwise publicize the
existence of an immigration enforcement operation. b. The state or territorial
recipient must require a local government subrecipient to make the certification
above before providing thorn with any funding under the subaward. 3. Materiality
and Remedies for Noncompliance This term and condition is material to the
Department of Homeland Security's decision to make this grant award and the
Department of Homeland Security may take any remedy for noncompliance,
including termination, if the state or territorial recipient or any local government
subred lent fails to complywith this term and condition.
Article Non -Applicability of Specific Terms and Agreement Articles
Notwithstanding their inclusion in this award package, the following terms and
Agreement Articles do not apply to this grant award: (1 paragraph C;.1
(Communication and Cooperation with the Department of Homeland Security and
Immigration Officials) of the DHS Standard Terms and Conditions and the
Agreement Article titled "Communication and Cooperation with the Department of
Homeland Security and Immigration Officials" in this award package; and (2)
paragraph C.I I (2) (a)(iii) (Anti- Discrimination Grant Award Certification regarding
immigration) of the DHS Standard Terms and Conditions and paragraph (2)(a)(iii)
of the Agreement Article tided "Anti -Discrimination" in this award package.
DHS-FEMA-EMPG-FY25 Page 41 of 49 Grant County Sheriff's Office, E26-286
Article 58 Impact of San Francisco v. Trump Preliminary Injunction
Pursuant to the preliminary injunction order issued on August 22, 2025, in City and
County of San Francisco, et al. v. Trump, et al., No. 3%.25-cv-01 350 (N.D. Cal.), the
fbIlowing terms and conditions do not apply to awards or subawards issued to any
of the plaintiffs subject to the preliminary injunction order while the order remains in
effect: (1) paragraph C.IX (Communication and Cooperation with the Department of
Homeland Security and Immigration Officials) of the DHS Standard Terms and
Conditions and the Agreement Article titled "Communication and Cooperation with
the Department of Homeland Security and Immigration Officials" in this award
package; (2) paragraph CXVII(2)(a)(iii) (Anti -Discrimination Grant Award
Certification regarding immigration) of the DHS Standard Terms and Conditions
and paragraph (2)(a)(iii) of the Agreement Article titled "Anti -Discrimination" in this
award package; and (3) the "Compliance with Federal Immigration Law"
Agreement Article. If the preliminary injunction is stayed, vacated, or extinguished,
the "Compliance with Federal Immigration Law" Agreement Article will immediately
become effective.
Article 59 Impact of State of Illinois v. FEMA Injunction
fi Pursuant to the memorandum and order issued on September 24,2025, in State of
Illinois, et al. v. Federal Emergency Management Agency, et al, No. 25-206 (D.
R.I.), the following terms and conditions do not apply to awards or subawards
issued to any of the plaintiffs subject to the injunction order while the order remains
in effect: (1) paragraph C.IX (Communication and Cooperation with the Department
of Homeland Security and Immigration Officials) of the DHS Standard Terms and
Conditions and the Agreement Article titled "Communication and Cooperation with
the Department of Homeland Security and Immigration Officials" in this award
package; (2) paragraph CXVII(2)(a)(iii) (Anti -Discrimination Grant Award
Certification regarding immigration) of the DHS Standard Terms and Conditions
and paragraph (2)(a)(iii) of the Agreement Article titled "Anti -Discrimination" in this
award package; and (3) the "Compliance with Federal Immigration Law"
Agreement Article. If the injunction is stayed, vacated, or extinguished, the
"Compliance with Federal Immigration Law" Agreement Article will immediately
become effective.
Article 60 Non -Applicability of Specific Agreement Articles
Notwithstanding its inclusion in this award package, the following Agreement Article
does not apply to this grant award: 1. Termination of a Federal Award This
provision is consistent with any terms of the Notice of Funding Opportunity that
state Paragraph C. (Termination of a Federal Award) of the FY 2025 DHS
Standard Terms and Conditions does not apply to this award. Refer to the Notice of
Funding Opportunity for the terms governing award termination.
Article 61 Funding Hold: Verification of State's Population
FEMA has placed a funding hold on this award, and the full amount of the award is
on hold in the FEMA financial systems. The recipient is prohibited from obligating,
expending, or drawing down the funds associated With the award.
To release the funding hold, the SAA must provide a certification of the recipient
state's population as of September 30,2025. In so doing, the State will explain the
methodology it used to determine its population and certify that its reported
population does not include individuals that have been removed from the State
pursuant to the immigration laws of the United States.
FEMA will rescind the funding hold upon its review and approval of the State's
methodology and population certification.
DHS-FEMA-EMPG-FY25 Page 42 of 49 Grant County Sheriff's Office, E26-286
Article 62 Rescission of Agreement Articles Pursuant to State of Illinois, at al. v.
FEMA, at al.
In accordance with the U.S. District Court for the District of Rhode Island's Order
in State of Illinois, et al. v. FEMA, et al., No. 25-206 (D. R.I.), dated October 14,
2025, and FEMA Information Bulletin No. 538, the following terms and conditions
are rescinded under this award: 1. Paragraph C.IX (Communication and
Cooperation with the Department of Homeland Security and Immigration Officials)
of the DHS Standard Terms and Conditions. 2. Paragraph CXVII(2)(a)(iii) (Anti -
Discrimination Grant Award Certification regarding immigration) of the DHS
Standard Terms and Conditions. 3. The "Communication and Cooperation with the
Department of Homeland Security and Immigration Officials" Agreement Article. 4.
-Discrimination'. 5. The
Paragraph (2) (a) (iii) of the Agreement Article titled "Anti
"Compliance with Federal Immigration Law" Agreement Article. 6. The "Impact of
State of Illinois v. FEMA Injunction" Agreement Article. 7. The "Impact of San
Francisco v. Trump Preliminary Injunction" Agreement Article.
Article 63 Amended Period of Performance and Budget Period Pursuant to State of
Illinois, at al. v. Kristi Noem, at al. (D.RQ and State of Michigan at al. v. Kristi
Pursuant to the Permanent Injunction Order issued by the U.S. District Court for the
District of Rhode Island in State of Illinois, et al. v. Kristi Noem, et al., No. 1:25-cv-
00495, dated December 22, 2025 and the Permanent Injunction Order issued by
the U.S. District Court for the District of Oregon in State of Michigan, et al. v. Kristi
Noem et al., No 6:25-cv-02053-AP, dated December 23,,2025, the Agreement
Article titled "Period of Performance and Budget Period" of your award package is
rescinded. The new Period of Performance and Budget Period for this award is
r-----�-----------------------Article 64 Rescission of Funding Hold: Verification of State's Population Pursuant to
State of Illinois, at W. v. 1(rlstl Noem, at al, (D.RI) and State of Michigan at
Pursuant to the Permanent Injunction Order issued by the U.S. District Court for the
District of Rhode Island in State of Illinois, et al. v. 1(risti Noem, et al., No. 1 25-cv-
00495, dated December 22, 2025 and the Permanent Injunction Order issued by
the U.S. District Court for the District of Oregon in State of Mich" an, et al. v. i(rist
19
*25
Noem et al., No 6'. -cv-02053-AP, dated December 23, 2025, the Agreement
Article titled "Funding Hold: Verification of State's Populafion"of your award
package 'i's rescinded.
-
DH8-FEMA-EMPG-FY25 Page 43of4g Grant County Sheriff's Office, E20-280
MIE
14. VAO`A�ml ZAN iV: 2. Amendment
q- -7-
�MS-2025-EP- No.
4-Recipient
0.
Tvoe of 15.
ction
Control No.
ISX00132N2025T
#5001 NIAIP."ll,,'ll,,,Irl"-w,-,-I.-II-t",lplr-,,,,,,,I
RD,
Recipient Name and Address
f-,w-!1z,6001095
'17. Issuin g FEMA Office
i;�. Payment Office and
MILITARY DEPARTMENT,
and Address
Address
WASHINGTON STATE
FEMA Region X
EMA, Financial
CAMP MURRY BUILDING 1
130 228th Street, S.W.
ervices Branch
CAMP MURRAY, WA 98430
Bothell, Washington
4--liO0 C Street,
Loom
98021-9796
723
425-487-4600
Washington DC, 20742
9 Name of Recipient
le.Phone
Pmwxmm, anwwwdm w, mmw xwx, wmw/
10. Name of FEMA Project
Project Officer
No.
toordinator
Phone No.
Sierra Wardell
Emergency Management
11 -877-585-
*127121
i Performance Grant Grant
Program
3242
11. Effective Date of 12. Method of
13. Assistance
14. Performance
his Action �,,Payment
Arrangement
Period
10/0 1 /2024 to
'02/06/2026 40THER-FEMA
COST SHARING
09130/2027
IGO
Budget Period
10/0 1 /2024 to
09/30/2027
AW
18. FEMA SIGNATORY OFFICIAL (Name and Title)
David Gudines, Deputy Assistant Administrator (Acting) Grant
Programs Directorate I Resilience
DHS-FEMA-EMPG-FY25 Page 44 of 49 Grant County Sheriff's Office, E26-286
Attachment D
WORK PLAN
FY 2025 Emergency Management Performance Grant
The purpose of this attachment is to identify the activities planned by the Subrecipient under this Grant
Agreement, funded by EMPG and required match funding, and subsequently approved as allowable under
EMPG by the EMPG Program Manager.
Emergency Management Organization: Grant County Sheriff's Office, Emergency Management
The purpose of EMPG is to assist with the enhancement, sustainment and improvement of state, local, and tribal
emergency management programs. Activities conducted using EMPG funding should relate directly to the five mission
areas of the national preparedness goal of prevention, protection, response, recovery, and mitigation. Washington
State does not require a specific number of activities to receive EMPG funding. However, there are required
capabilities that must be sustained in order to remain eligible for EMPG funding, including but not limited to the
ability to communicate and warn, educate the public, plan, train, exercise, and be NIMS compliant. The Work Plan
delineates the Emergency Management Organization's emergency management program planning and priority focus
for this grant cycle (to include EMPG grant and local funds).
EOC Operations & Maintenance - Costs to maintain and operate the Emergency Operations Center, including utilities,
communications systems, and technology maintenance or licensing, to ensure continuous readiness and operational
capability.
Administrative Support - Office supplies, printing, technology licenses, and approved indirect costs necessary to
support daily operations and sustain overall emergency management program functions.
Priority A - • #1 4.12 Emergency Public Information and Education _w
Primary Core Capability Community Resilience
Seco_ n-dary Core Capabbility_-1 Public Information and Warning
Build or Sustain Sustaining/Maintaining
WORK PLANNED
IDENTIFIED GAP/NEED
ANTICIPATED PROJECT IMPACT
Attend community outreach events I
Identified in 2023 SPR we are working
Residents are better prepared and
(Grant County Fair, National Night
on the ability/capacity to plan and
informed of the hazards within our
Out, Fire District Open Houses,
execute a public preparedness
County and how to receive lifesaving
Community Days, Farmer Consumer
awareness campaign on all hazards.
information and actions to evacuate
Awareness Autism Awareness
when required and remain safe
Community Days)
during disasters.
Maintain/update public education
Public information is continually
Increased awareness and resilience
materials.
changing. New events, outreach, and
ensure equitable access to
new hazards make maintaining public
emergency information.
education materials challenging.
Provide all emergency preparedness
Need English and Spanish outreach
Ensure rapid, reliable notification to
information in English i h. inorm � and Spanish.
templates for all hazards.
the public. ,
Priority Area4.10Training
Primary Core Capability Operational Coordination
Secondary Core Capability Planning
Build or Sustain
Building
WORK PLANNED
IDENTIFIED GAP/NEED
ANTICIPATED PROJECT IMPACT
Attend training to enhance program
' New hires to the EM program will
Maintaining a functional EM Program
t
and plans.
attend training to gain knowledge in
in which staff are fully trained and
ICS principles. We will also attend
able to effectively manage activation
conferences to enhance the
' of the EOC, respond to disasters and
I
coordination with other local partners.
recover from disasters. Enhance
DHS-FEMA-EMPG-FY25 Page 45 of 49 Grant County Sheriff's Office, E26-286
capabilities of Emergency
Management personnel.
Conduct training, exercises, and
THIRA/SPR identifies limited hands-on
Builds staff confidence and practical
scenario -based workshops to
practice for coordination and planning
experience, enhances operational
reinforce lessons from training and
functions as a gap. Regular exercises
coordination, and reduces response
test coordination among
are required to validate skills and
gaps during real incidents.
departments. ;capabilities.
Attend SAR and CISM/Wellness
Addresses program -specific need to
Enhances field response capability,
training.
;maintain field response and staff
p
reduces stress -related impacts,
p ,
wellness capabilities.
ensures staff resilience and
readiness.
Attend Local Emergency Planning
Ensure staff remain current on best
s
Improves knowledge, networking,
Committee (LEPC) conference and
practices and operational
and interagency coordination,
Washington State Emergency
coordination.
sustaining operational readiness.
Management Association
Conference (WSEMA)
PriorityArea#34.9 Facilities
Primary Core Capability Operational Communications
Secondary Core Capability Operational Coordination
Build or Sustain i Building
WORK PLANNED
IDENTIFIED GAP/NEED
ANTICIPATED PROJECT IMPACT
Transition into and operationalize
SPR 2023 EOC management requires !
Ensures fully functional EOC,
new EOC, including setup of
investment in equipment and supplies li
supports multi -agency coordination,
communications, IT, and backup
(pgs. 34, 36).
and maintains operational readiness.
power.
Equip workstations with phones,
-
SPR 2023 Equipment and supplies
- -- ---- -----
Ensures all workstations are fully
multifunction devices, copiers, and
shortages limit EOC operational
equipped, improving staff efficiency
computers.
capability (pgs. 34, 36).
and communications.
Maintain and test EOC systems
SPR 2023 Maintaining situational
Reduces risk of system failure,
(radios, network, backup power).
awareness requires operational
ensures reliable communications,
equipment and supplies (pg. 37).
and sustains continuous operational
Minor facility upgrades (safety,
Program specific: to maintain
: capability.
Improves staff efficiency, safety, and
accessibility, ergonomic).
functional and safe workspaces.
readiness.
DHS-FEMA-EMPG-FY25 Page 46 of 49 Grant County Sheriff's Office, E26-286
Attachment E
TIMELINE
FY 2025 Emergency Management Performance Grant
The purpose of this attachment is to identify applicable and agreed upon due dates for Grant Agreement
milestones to include deliverables that must be submitted to the Department. Both the Department and the
Subrecipient shall monitor adherence with the dates below.
DATE
TASK
June 1, 2025
Grant Agreement Start Date
July 31, 2026
Submit reimbursement request
September 30, 2026
Grant Agreement End Date — al/ work must be complete
November 15, 2026
Submit final reimbursement request, final report, training
requirement report, and/or other deliverables.
The Subrecipient must request r 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-FY25 Page 47 of 49 Grant County Sheriff's Office, E26-286
Attachment F
r
FY 2025 Emergency Management Performance Grant
The purpose of this attachment is to identify how the funding is budgeted for the identified activities in the Work
Plan. If funding is identified as not being required, contact the Department Key Personnel as soon as possible
so funding can be reallocated.
25EMPG AWARDI $ 49,015.00
SOLUTION
AREA
BUDGET CATEGORY
EMPG AMOUNT
MATCH AMOUNT
Personnel & Fringe Benefits
$ 251000
$ 491015
ZTravel/Per
Diem
$ -
$ -
s
z
Supplies
$ -
$ -
Consultants/Contracts
$ -
$ -
Other
-
Subtotal
$ 25,000
$ 49,015
Z
Personnel & Fringe Benefits
$ -
$ --
Travel/Per Diem
$ -
$ -
N
Supplies
$ 12,015
$ -
ZConsultants/Contracts
$ -
$ -
Other
$ -
$ -
0
Subtotal
$ 12,015
$ -
Personnel & Fringe Benefits
$ -
$ -
W
Travel/Per Diem
$ -
$ -
Supplies
$ -
$ -
W
Consultants/Contracts
$ -
$ -
w
Other
$ -
$ -
Subtota 1
$ -
$ -
Personnel & Fringe Benefits
$ -
$ -
z
Travel/Per Diem
$ 91000
$ -
z
Supplies
$ -
$ -
Consultants/Contracts
$ -
$
F-
Other
$ 21000
$
Subtotal
$ 11,000
$ -
CL
Equipment
$ -
$ -
Cr
"'
Su btota 1
$ -
$ -
Personnel & Fringe Benefits
$ -
$ -
Travel/Per Diem
$ -
$ -
co
Supplies
$ 600
$ -
Consultants/Contracts
$ 400
$ -
1
Other
$ -
$ -
Su btota 1
$ 11000
$ -
ndi rect
$ -
$ -
Indirect Cost Rate on file 0.00%
for Time Period of.
N/A
TOTAL Grant Agreement AMOUNT:
$ 49,015
$ 49,015
The Subrecipient will provide a match of $49,015 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 r written approval from the Department.
Funding Source: U.S. Department of Homeland Security - PI# 753PT — EMPG
DHS-FEMA-EMPG-FY25 Page 48 of 49 Grant County Sheriff's Office, E26-286
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 in the United States. This means all manufacturing
processes, from the initial melting stage through the application of coatings, occurred in the United States.
2. All manufactured products purchased with 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-FY25 Page 49 of 49 Grant County Sheriff's Office, E26-286