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HomeMy WebLinkAboutAgreements/Contracts - Emergency ManagementGRANT COUNTY COMMISSIONERS AGENDA MEETING REQUEST FORM (Must be submitted to the Clerk of the Board by 12:00pm on Thursday) REQUESTING DEPARTMENT:Emergency Management DATE: 11/30/2023 REQUEST SUBMITTED BY:Mireya Garcia CONTACT PERSON ATTENDING ROUNDTABLE..Matt Klein CONFIDENTIAL INFORMATION: DYES ®NO PHONE:509-906-6831 ----------- --------------------- *Agreement Contract ❑AP Vouchers FlAppointment Reappointment EIARPA Related ❑ Bids / RFPs / Quotes Award 013id Opening Scheduled El Boards / Committees El Budget El Computer Related E]County Code El Emergency Purchase El Employee Rel. El Facilities Related El Financial 7Funds 0 Hearing 7 Invoices / Purchase Orders 7 Grants — Fed/State/County ❑Leases EJMOA / MOU ElMinutes F] Ordinances EJ Out of State Travel El Petty Cash ElPolicies El Proclamations El Request for Purchase 7 Resolution El Recommendation El Professional Serv/Consultant 7Support Letter ElSurplus Req. F-lTax Levies E]Thank You's OTax Title Property E1WSLC13 Washington Military Department Homeland Security Grant Program E24-122 in the amount $121,065. The term of this grant is 09/01/2023 to 01/31/2026. This grant funds activities to prevent, protect against, and respond to terrorist attacks. DATE OF ACTION: APPROVE: DENIED ABSTAIN D1: D2: D3: DEFERRED OR CONTINUED TO: /eQ — Washington Military Depart.ment HOMELAND SECURITY GRANT PROGRAM AGREEMENT FACE SHEET I Subir e-bipient Name and Addret8: 2. Grant Agreement Amount: 3, Grant Agreement ment Nurnber:' Grant, County of $1219065 E24-122 Sheriffs Office, Emergency Management 35 C Street NW P0 Box 37 Ephrata, WA 98823-1685 4. Subrecipient Contact, phone/email: 5. Grant Agreement Start Date: 6, Grant Agreement End Date* Josh Sainsbury, 509-750-7306 September 1, 2023 January 31, 2026 jsainsburyp,grantcountywa.gov --7, Depar-tment-Contact-cphone/emall, 8-:--U�n i q u e-E-htity-1 den tii fie r -(-U E 1) --g.—UBI--#-(-s-t-bte.-revenue)---- - Deborah Henderson, 263-512-7470 ZL6WM26K8KR5 132-001-884 Deborah.Hendersong,mill.wa.gov 10, Funding Authority: Washington Military Department (the Department) and the U.S. Department of Homeland Security - PHS) 11.1 Federal Funding Identification 12. Federal, Award Date, 13. Assistance Listings # & Title: EMW-2023-SS-00063 9/1112023 97.067,,23HSGP 14. Total Federal Award Amount: -(SHSP) 15,. Program Index # & OBJ/SUB-OBJ: 16. EIN $14,010,447 733.SB3.733SCo 733SH$ 733SL, 733SQ, 733SZ / NZ 91-6001319 17, Service Districts: 18. Service Area by County(ies,): 19. Wom.en/Mi.nority-Owned, State BY LEGISLATIVE. DISTRICTS,: 12,13 'Grant Certified, 1 N/A 0 NO BY CONGRESSIONAL DISTRICTS: 4 0 YES, OMWBE# 20. Agreement Classification 21. Contract Type (check all that apply): 11 Personal Services '0 Client Services N Public/Local Gov't 0 Contract M Grant 17 Agreement 11 Research/Development 0 A/E 0 'Other .0 Intergovernmental (RCW 39,34) 0 Interagency 22, Subrecipient Selection Process: 21 Subrecipient Type (check all that apply) 0 "To all who apply & qualify` 0 Compe ve Bidding ddin i g 0 Private Organization/Individual i on/individual 11 For -Profit F-1 Sole Source 0 A/E RCW Q N/A 0 Public Organization/Jurisdiction 0 Non -Profit 0 Filed w/OFM? F1 Advertised? 13 YES El NO E3 CONTRACTOR 0 SUBRECIPIENTE] OTHER 24. PURPOSE & DESCRIPTION: The objective of the Federal Fiscal Year (,FFY) 2023 Homeland Security Grant Program (23HSGP) is to fund state, local., tribal, and territorial efforts to prevent, protect against, and respond to terrorist attacks, and prepare the nation. for threats and hazards that pose the greatest risk -capabilities to the security of the United States. 23HSGP provides funding to implement, Investments that build, sustain, and deliver the core essential to achieving the National Preparedness Goal of a prepared and resilient nation. 23HSGP supports core capabilities across the five mission areas of prevention,, protection, mitigation, response., and recovery based on allowable costs. HSGP Is comprised of three interconnected grant programs: State Homeland Security Program (SHSP), Urban Areas Security initiative (UASI), and Operation Stonegardeh (OPSG). Together, these grant programs fund a range of preparedness activities, including planning, organization, equipment purchase, training, exercises, and management and administration. . hic . h The Department isthe Recipient and Pass-through Entity of the 23HSGP DHS Award Letter for Grant No. EMW-2023-SS-00063 ("Grant'l which , is incorporated in and attached hereto as Attachment C and has made a subaward of funds to the Subreciplent pursuant to this Agreement. The Subreciplent is accountable to the Department for use of Federal award funds provided under this Agreement, IN WITNESS WHEREOF, the Department and Subredpient acknowledge and accept the terms of this Agreement,- including all referenced attachments which are hereby incorporated, and have executed jhiq' Agreement as of the date* below. This Agreement Face Sheet; Special Terms & Conditions (Attachment A); General Terms and Conditions (Attachment B); DHS Award Letter (Attachment, Q), Work Plan (Attachments D-1, D-2, D-3) Budget (Attachment E), Timeline (Attachment, F}; Build America, Buy America Act Self -Certification (Attachment G) and all other documents and attachments expressly referenced'and incorporated herein: contain all the terms and conditions agreed upon by the parties and govern the rights and obligations of the parties to this Agreement, Na other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties. In the event of an inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order; 1. Applicable federal and state statutes and regulations 4. Special Terms and Conditions 2. DHSIFEMA Award and Program documents 5. General Terms and Conditions, and, 3. Work Plan, Timeline, and Budget 6. Other provisions of the Agreeme nt incorporated by reference. WHEREAS, the parties have executed this Agreement on the day and year last specified below. 04H F HE DEPARTMENT, FOR T BV P T: 11/16/2023 Si ure S Si ul V Date Sig e .Date Regan Anne esse, Chief Financial Officer Jo r.r i e t e, Sheriff Washington Military Department Grant County Sheriffs Office BOILERPLATE APPROVED TO FORM: APPROVED AS TO FORM (if applicable): Alex Straub 8/31/2023 Assistant Attorney General Signature Date DHS-FEMA-HSGP-SHSP-FY23 Page 1 of 53 Grant County Sheriffs Office, E24-122 Attachment A SPECIAL TERMS AND CONDITIONS ARTICLE 1. KEY PERSONNEL The individuals listed below shall be considered key personnel for point of contact under this Agreement. Any substitution of key personnel by either party shall be made by written notification to the current key personnel. SUBRECIPIENT DFPARTMF.NT Name Josh Sainsbury Name Deborah Henderson .-T-itle----- Ghief,-Deputy.----------- --------.--T-itle------Prog'-ram-C7oo rdin-ato-r----- _.__ Email josai'nsbur-y@grantcountywa.gov Debora.h.henderson@mil.wa.gov Phone 609-750-7306 -Ernail P I hone 253-512-7470 Name Mire Garcia Name Gail Cram -Title EM,Specialls.t Title Program Manager -Email Phone mxgarcia@grantcountywa.gov 509-906-6831 Email Phone gaii.cram@mil.wa.gov 253-512-7472 Name Name Grant Miller -Title Title Program Assistant -Email Email grant.miller@mil.wa.gov ,.Phone Phone 253-512-7061 ARTICLE 11. ADMINISTRAT.IVE AND/OR FINANCIAL REQUIREMENTS The Subrecipient shall comply with all applicable state and federal I le lati aws, rules, regu, ons, requirements and program guidance identified or referenced in this Agreement and the informational do cuments published by DHS/FEMA applicable to the 23HSGP 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 2023 Homeland Security Grant Program" (hereafter "the N0170"), the Fiscal Year 2023 Preparedness Grants Manual, FEMA Manual (FM) 207-22-0001 Version 4, 2023 (hereafter "the Manual"), the DHS Award Letter for the Grant., and, the federal regulations commonly applicable to DHS/FEMA grants, all of -which are incorporated herein by reference. The DHS AWard Letter is incorporated, in thin Agreement as Attachment C. The Subrecipient acknowledges that since this Agreement involves federal award r funding, the period of performance may begin prior to the availability of appropri'ated federal funds. The Subrecipient agrees that it will not hold the Department the State of Washington, ble for any damages, claim for or the United States lia.reimbursement, or any typef payment whatsoever fo '0r services performed under this Agreement prior to distribution of appropriated federal funds., or if federal funds are not appropriated or in a part.icula.r amount, A. STATE AND FEDERAL , REQU I IREMENTS FOR DHSI'FEMA PREPAREDNESS GRANTS: The following requirements applyto all DHS/FEMA Preparedness Grants administered by the Department. 1 SUBAWARD.S & CONTRACTS BY SUBRECIPIENTS a. The Subrecipient must make a case-by-case determination whether each agree,ment it makes for the disbursement of 23HSGP funds received under this Agreement casts the party receiving the funds in the role of a subrecipient or contractor in accordance with 2 CFR 200.331. b. If the Subrecipient also becomes a pass-through entity by making a subaward to a non-federal entity as its subrecipient, the Subrecipient must make a case-by-case determination whether each agreement it makes for the disbursement of 23HSGP funds received under this Agreement casts the party receiving the funds in the role of a subre* cipient or contractor in a- cc-ordan'ce with'2 CFR 200.330. The Subrecipient must comply with all federal laws and regulations applicable to pass- through entities of 23HSGP funds, including, but not limited to, those contained in 2 CFR 200, Ii. The Subrecipient shall require its subreciplent(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 DHS-FEMA-HSGP-SHSP-FY23 Page 2 of 53 Grant County Sheriffs Office, E24-122 the 23HSGP Program, including, but not limited to, all criteria, restrictions, and requirements of the'NOFO , the Manual, the DHS Award Letter for the Grant in Attachment C, and the federal regulations- commonly applicable to DHS/FEMA grants. iii, The Subrecipient shall be responsible to the Department for ensuring that all 23HSGP federal award funds provided to its subrecipients are used in accordance with applicable federal and state statutes and regulations, and the terms and conditions of the federal award set forth in Attachment. C of this Agreement. 2. BUDGET, REIMBURSEMENT, ANC� 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 urseme requests permitted to be Submitted under this Agreement, including the final reimbursement request, is limited to and shall not exceed the total Grant Agreement Amount. c. If the Subrecipient chooses to include indirect costs within the Budget (Attachment E), additional documentation is required based on the applicable situation. As described in 2 CFR 200,414 and Appendix V11 to 2 CFR 200: i. If the Subrecipient receives direct funding from any Federal agen.cy(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.negbtia. ted 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 L subrecipient), the Subrecipient must either elect to charge a de minimis rate often percent (10%) or 10% of modified total direct costs or choose to negotia'te a higher rate with the Department. If the latter is preferred, the Subreciplent must contact Department Key Personnel for approval steps, d. For travel costs the Subrecipient shall comply with 2 CFR 200. I costs, - 1. .. I ' 1 475 and s'hould 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.goy, and follow the most restrictive. If travel costs exceed set state or federal limits, travel costs shall not be reimbursed without prior written approval by Department Key Personnel. e. Reimbursement requests will include a properly completed State A-19' Invoice Form and Reimbursement Spreadsheet (in the format provided by the Department) detailing the expenditures for which reimbursement is sought. Reimbursement requests -must be submitted to ReimbursementsC@,miI.wa.qov no later than the due dates listed within the Timeline (Attachment F). 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 federal, state, and local auditors. g. The Subrecipient must request rior written approval from Department Key Personnel to waive or extend a due date in the Timeline (Attachment F). For waived or extended reimbursement due dates, all allowable costs should be submitted on the next scheduled reimbursement due date contained in the Timeline. Waiving or missing deadlines serves as an indicator for assessing an .agency's level of risk of noncompliance with the regulations, requirements, and the terms and conditions of the Agreement and may increase required monitoring activities. Any request for a DHS-FEMA-HSGP-SHSP-FY23 Page 3 of 53 Grant County Sheriffs Office, E24-122 waiver or extension of a due date in the Timeline will be treated as a request for Amendment of the Agreement. This request must be submitted to the Department Key Personnel sufficiently in advance of the due date to provide adequate time for Department review and consideration and may be granted or denied within the Department's sole discretion, h. All work under this Agreement must end on or before the Grant Agreement End Date, and the final reimbursement request MUStr be submitted to the Department within the time period notated in the Timeline (Attachment F) except as otherwise authorized by either (1) written amendment of this Agreement or (2) written notification from the Department to the Subrecipient to provide ------additional-tim-e-for-completion--oflhe:-Subreclpi-ent's-subect-pr J oj , (s­y.-----­, i. No costs for Purchases of equipment/supplies will be reimbursed until the related equipment/supplies have been received by the Subrecipient, its contractor, or any non-federal entity to `which the Subrecipient makes a subaw'rd and i' vendor. a . s invoiced by the V j. Failure to submit timely, accurate, and complete reports and reimbursement requests as required by this Agreement (including, but not limited to, those reports in the Timeline [Attachment FI) will prohibit :the Subrecipient from :being reimbursed until such reports are submitted and the Department has had reasonable time to conduct its review, k. Final reimbursement requests will not be approved forpayment until the Subrecipient is current with all reporting requirements contained in this Agreement. I. For SHSP and UASI Subrecipients, a written amendment will be required if the Subrecipient expects cumulative transfers among subproject totals, as identified in the Budget (Attachment E) to exceed ten percent (1 01/o) of the greeme o Grant A nt Amount. If a Subrecipient has only one Grant subproject, cumulative transfers among solu tion areas within the subproject that exceed ten percent.0 0%) of the Grant Agreement Amount shall require an amendment to this Agreement. m. For OPSG Subrecipients, any deviations from the approved, direct budget categories will require additional federal approvals and a written amendment, n. Subrecipients shall only use federal award funds under this Agreement to supplement existing funds and will not use them to replace (supplant) non-federal funds that have been budgeted for the same purpose. The Subrecipient may be required to demonstrate and document that the reduction in non-federal resources occurred for reasons other than the receipt or expected receipt of federal funds. .3,. REPORTING a. With each reimbursement request., the Subrecipient shall report how the expenditures, for which reimbursement is sought, relate to the Work Plan(Attachments D -11 D-2 D-3) activities in the format provided by the Department. b. With the -final reimbursement request, the Subrecipient shall submit to the Department Key Personnel a final report (in the format provided by the Department) describing all completed activities under this Agreement. c. The Subrecipient shall comply with the Federal Funding Accountability and Transparency Act (FFATA) and related OMB Guidance consistent with Public Law 109-282 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 CertificationIFFATA Form. This form is required to be completed once per calendar year, per Subrecipient, and not per agreement. The Department's Contracts Off . ice will request the Subrecipient submit an updated form at the beginning of each calendar year in which the Subrecipient has an active agreement, d. To document compliance with the National Incident Management System (NIMS), the Subrecipient shall complete the annual NIMS survey conducted by Emergency Management Division staff. 4. EQUIPMENT AND SUPPLY MANAGEMENT a, The Subrecipient and any non-federal entity to which the Subrecipient makes a subaward shall comply with 2 CFR 200.317 through 200.327 when procuring any equipment or supplies under DHS-FEMA-HSGP-SHSP-FY23 Page 4 of 53 Grant County Sheriffs Office, E24-122 this Agreement, 2 CFR 200.313 for management of equipment, and 2 CFR 200,314 for management of supplies, to include, but not limited to: i,. Upon successful completion of the terms of this Agreement, all equipment and supplies purchased through this Agreement will be owned by the Subrecipient, or a recognized non- federal entity to which the Subrecipient has made a subaward, for which a contract, subrecipient grant agreement, or other means of legal transfer of ownership is in place. 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, model number, or other identification number; C. Funding source for the property, including the Federal Award Identification Number (FAIN) (Face Sheet, Box 11); D. Assistance Listings Number (Face Sheet, Box 13); E. Who holds the title; F. Acquisition date; Q. Cost of the property and the percentage of federal participation in the cost; H. Location, 'use and condition of thety at the date the information Was reported; proper m 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 pr applicable, I ocedures to ensure the equipment, and supplies as applicale, 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 f i must be established and followed to ensure the highest possible return, For disposition, 1 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 cedures: A. For Supplies- If there is a residual inventory of unused supplies exceeding $5,000 in total aggregate value upon termination or completion of the project or program and the supplies are not needed for any other federal award, the Subrecipient must retain the supplies for use on other activities or sell them, but must, in either case, compensate the federal government for its share. The amount of compensation must be computed. in the same manner as for equipment. DHS-FEMA-HSGP-SHSP-FY23 Page 5 of 53 Grant County Sheriffs Office, E24-122 B. For Equipment: 1) Items with a current per-unit fair -market value of five thousand dollars ($5,000) or less may be retained, sold, transferred, or otherwise disposed of with no further obligation to the federal awarding agency. 2) Items with a. current per unit fair -market value in excess of five thousand dollars ($5,000) may be retained or sold. The Subrecipient shall compensate the federal awarding agency in accordance with the requirements of 2 CFR 200.313 (e) (2). i s-for�eq ui pment-shafl-be-reta 1 ned-by-th e -Su breci pie nt--fo r -a- pe r'�o-d--of--s-ix-(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- (6-') year period, the records shall be retained by the Subrecipient until all litigation, claims, or audit findings involving the records have been resolved. b. The Subrecipient shall comply with the Department's Purchase Review Process, which is incorporated .by reference and made part of this Agreement. No reimbursement will 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 btt0s://wwo/.fema.c gov/q rants/ ra* quidance- tool:s/authorized-eci'uioment-l'ist. It is important that the Subrecipient and any non-federal entity to. which the Subreciplent makes a su.baward 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, nt. The.Subrecipient issolely responsible for ensuring and documenting purchased items under this Agreement are authorized as allowed items by the AEL at tune me 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 riear to acquisition. d. Equipment purchases (those with a current per-unit fair market value in. excess of $5,000) must be identified and explained to the Department. Use, management, and disposition of such equipment is subject to requirements outlined in 2 CFR, 200.313. Before making such purchases, the Subrecipient should benefi analyze the cost equipment, y its of purchasing versus leasing equ Ment, especially high-cost items and those subject to rapid technical advances. e. Unless expressly provided otherwise, all equipment. must meet all mandatory regulatory state and DHS/FEMA adopted standards to be eligible for purchase using federal award funds. f. lIf funding is allocated to support emergency communications activities, the Subredpieht must ensure that all projects comply with SAFECOM Guidance on Emergency Communications Grants, located at https,,//www.cis I a.qov/safecom/fu including provisions on technical standards that ensure and enhance interoperable communications. g, Effective August 13, 2020, FEMA recipients and subrecipients, as well as their contractors and subcontractors, may not obligate or expend any FEMA award funds to: i. Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; ii... Enter into, extend, or renew enew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; or iii. Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. DHS-FEMA-HSGP-SHSP-FY23 Page 6 of 53 Grant County Sheriffs Office, E24-122 This prohibition regarding certain telecommunications and video surveillance services or, equipment is mandated by section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (FY 2019N'DAA), 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 equ ipment or services means: i Telecommunications equipment produced by Huawei Tec . hnologies 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 Hikvisio,n Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); iii. Telecommunications or video surveillance services provided by such entities or using such equipment; or iv. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes . to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. h. For OPSG Subrecipients,. items budgeted as equipment in an approved Operations Order should be markeds p I Prominently with "Purchased with DHS fund for operation Stonegarden Use" when practicable. i. The Subrecipient must pass through equipment and supply management requirements that meet or exceed the requirements outlined above to any no . n -federal entity to which the Subrecipient makes a subaward of federal award funds under this Agreement, 6, ENVIRONMENTAL AND HISTORICAL PRESERVATION a,. The Subreciplent shall ensure full compliance with the DHS/FEMA. Environmental Plannin9 and Historic Preservation (EHP) Program. EHP program information m on can be found at uidance-tools/enviro'nmental-hristoric 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, ironment, including, but not limited to, construction of communication towers; modification or renovation of existing buildings, structures, and facilities; or new construction, including replacement of facilities, must participate in the DHS/FEMA EHP review process prior to project initiation. Modification of existing buildings, including minimally invasive improvements such as attaching monitors to interior walls, and training or exercises occurring outside in a ' reas 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. d. The Subrecipient agrees that, to receive any federal preparedness funding, all EHP compliance requirements outlined in applicable guidance must be met, The EHP review process must be completed and FEMA approval must be received by the Subrecipient before any work is started for which reimbursement will be later requested. Expenditures for projects started before completion of the EHP review process and receipt of approval by the Subrecipient may not be reimbursed. DHS-FEMA-HSGP-SHSP-FY23 Page 7 of 53 Grant County Sheriffs Office, E24-122 6. PROCUREMENT The Subrecipient shall comply with all procurement requirements of 2 CFR 200.317 through 200.327 and as specified in the General Terms and Conditions (Attachment B, A. 10), a. For all contracts expected to exceed the simplified acquisition threshold, per 2CFR200.1, the Subrecipient must notify the Department. The Department may request pre -procurement documents, such as request for proposals, invitations for bids and independent cost estimates. This requirement must be passed on to any non-federal entity to which the Subrecipient makes a SU.baward, at which point the Subrecipient will be responsible for reviewing and approving sole -so u-,rce-j u stifi catio,n s -to -a ny-no n-.4ed era 1---ent'ity-ta--whi,ch-S--u-brec'I p-ient-makes--a-ny-award �T � � b. For all sole source contracts expected, to exceed the micro -Purchase threshold per 2 CFR 200.11 the Subrecipient must submit justification to the Department for *d review b. - v n approval.. This ,requirement must be passed to any hon -federal entity to which the Subrecipient m k a es a In, subawardl at which point the Sub -recipient will be responsible for reviewing and approving sole source justifications to any non-federal entity to which Subrecipient makes any award, c. The Subrecipient as well as its contractors and subcontractors must comply with the Build America., Buy America Act (BABAA), which was enacted as a part of the Infrastructure Investment and Jobs Act §§ 70901-70297, Pub. L. No. 117-58 (202'1); and Executive Order 14005, Ensuring the Future is Made in All of America by All of America's Workers. BABAA requires any infrastructure project receiving federal funding must ensure.: L All iron and steel used in the project are produced in the United States. This means all manufacturing processes, from initial melting stage through theappli I -cation 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 s Stat- United This means that all e e manufacturing processes for construction material occurred in the United States. Additionally, applicable infrastructure projects are subject to doiestic preference requirements. A domestic preference does not a . pply to non -infrastructure spending pending 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. i. Domestic preferences under BABAA only apply toe articl s, 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. Infrastr*ucture, for the purposes of BABAA, includes, at a minimum, the structures, facilities, and equipment for, in the, United States, roads, highways and bridges; public transportation; dams, ports, harbors and other maritime facilities; intercity passenger and freight ight railroads; freight and intermodal facilities; airports;at'r systems, including drinking water and w e y wastewater systems; electrical transmission facilities and systems; utilities; broadband infrastructure; and buildings and real Property. Infrastructure includes facilities that generate, transport, and distribute energy. The Subrecipient's contractors and their subcontractors who apply or bid for an award for an infrastructure project subject to the domestic preference requirement in the BABAA shall file a required certification to the Subrecipient with each bid or offer for an infrastructure project unless a domestic preference requirement is waived by FEMA. Contractors and DHS-FEMA-HSGP-SHSP-FY23 Page 8 of 53 Grant County Sheriffs Office, E24-122 subcontractors must certify that no federal financial assistance funding for infrastructure projects will be provided unless all the iron steel, manufactured projects and construction 01 P I projects, materials used in the project are produced in the United States, BABAA, Pub. L. No. 1'174 58, §§ 70901-5.2. Contractors and subcontractors shall also disclose any use of federal financial assistance for infrastructure projects that does not ensure compliance with BABAA domestic preference requirement, Such disclosures shall be forwarded to the Subrecipi I ent 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 Subrec i:pient should contact the Department Key Personnel to determine the requiremehts. All Waiver -requests must include a detailed ,tailed 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. 7UBRECIPIENT MONITORING a. The Department will monitor the activities of the Subrecipient from award to closeout. The goal of the Department's monitoring activities will be to ensure that subrecipients receiving f 'e deral pass- through funds are in compliance With this Agreement, federal and state audit requirements federal grant guidance, and applicable federal and state f I inancial 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 CertificationIFFATA form. Reporting requirements are referenced in section 3.,c. c.. Monitoring activities may include, but are not limited to: i. Review of, financial and performance reports; ii. Monitoring and documenting the completion of Agreement deliverables; Documentation of phone calls, meetings (e.g., agendas, sign -in sheets, meeting minutes), e- mails, and correspondence; iv. Review of reimbursement requests and supporting documentation to ensure allowability and consistency with Agreement Work Plan (Attachments D-1 D-2 D-3),Budget (Attachment E),,. and federal requirements; v. Observation and documentation of Agreement -related activities such as exercise, s -training, events, and equipment demonstrations; and vi. On­wsite visits to review equipment records and inventories, to verify source documentation for reimbursement requests and performance reports, and to verify completion of deliverables, d. The Subrecipient- is required to meet or exceed the monitoring activities, as outlined above, r for any non-federal entity to which the Subreciplent makes a subaward as a pass-through entity under this Agreement. 0. Com' pliance will be monitored throughout the performance period to assess risk. Concerns will be addressed through a corrective action plan. 82 LIMITED ENGLISH.PROFICIENCY (CIVIL RIGHTS ACT OF 1964 TITLE VI) The Subrecipient must comply with the Title VI of the Civil Rights .Act of 1964 (Title VI) prohibition against discrimination on the basis of national origin, Which requires that subrecipients. of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services. Providing meaningful access for persons with LEP may entail providing language assistance services, including oral interpretation and written translation. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (August 11, 2000), requires federal agencies to issue guidance to recipients, assisting such organizations and entities in understanding their language access obligations. DHS published DHS-FEMA-HSGP-SHSP-FY23 Page 9 of 53 Grant County Sheriffs Office, E24-122 the required red recipient guidance in April 20111 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 'info rmatio n regarding language access obligations, please refer to the DHS Recipient Guidance at https://www.dhs,gov/ uidance-published- helio-depa.rtment-sugported-orqani'.zations-provide-mean inciful-access-people-limited and additional 9. 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, ze, 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 ive federal preparedness funding from the Department, the Subrecipien i t must ensure and maintain adoption and implementation of NIMS. See Agreement Attachment & Article 11 section 3,d. for associated reporting requirements. The list of objectives used for progress and achievement reporting can be found athttps,.,/Iwww.f - ema.ciovIernergency- managers/nim.s/imntation-traint p leme B. HSGP SPECIFIC REQUIREMENTS I The Subrecipient must use HSGP funds only to perform tasks as described in the Work Plan (Attachments D-1, D-21 D-3), as approved by the Department, and in compliance with this Agreement. a. SHSP-funded projects must assist state, local, tribal, and territorial efforts to erbuild,sustain, and deliver the cap prevent, abilities necessary to prepare for, protect against, and respond to acts of terrorism. b. UASI-fundedp 0 r Jects must assist high -threat, high density Urban Area efforts to build sustain 1 and deliver the capabilities necessary to prevent,, prepare for, protect against, and respond to acts of terrorism. c. OPSG-funded projects must support enhanced cooperation and coordination among Customs and Border Protection, United States Border Patrol and federal, state, local, tribal, and territorial law enforcement agencies to support joint efforts to secure the United States' borders along routes of ingress/egress to and from international borders, to include travel corridors in states bordering Mexico and Canada, as well as states and territories with international water borders. State, local,,, tribal, and territorial law enforcement agencies utilize their inherent law enforcement authorities to support the border security mission and donot.receive any additional authority as a result of participation in OPSG. d. State agencies, including law enforcement, must comply with RCW 43.17.425 a . nd may not use agency funds (including this grant), facilities, property, equipment, or personnel, to investigate, enforce, cooperate with, or assist in the investigation or enforcement of any federal registration or surveillance programs or any other laws, rules, or policies that target Washington residents solely on the basis of race, religion, immigration, or citizenship status, or national or ethnic origin, except as provided in RCW 43.17.425 (3). 2. The Budget (Attachment E) may include the following caps and thresholds: DHS-FEMA-HSGP-SHSP-FY23 Page 10 of 53 Grant County Sheriffs Office, E24-122 a. If funds are allotted for Management and Administration (M&A), such expenditures must be Management related to administration of the grant. The maximum percentage of the Grant Agreement Amount that may be used for M&A costs when allocated under this Agreement shall not exceed five percent (5%) but maybe less. b. At least thirty percent (35%) of the combined HSGP award allocated under SHSP and UASI must be dedicated to law enforcement terrorism prevention activities (LETPA). To meet. this requirement, the Subrecipient has agreed, at a, minimum, to meet, the LETPA percentage indicated in the Budget. If the Subrecipient anticipates spending less than the indicated ---------am-ount,--a-bu-d�get-a-ni-etTdtwent-is"-re-qui,re-d-,- c. The maximum percentage of the Grant Agreement Amou*nt. that may be used for personnel expenses under this Agreement is identified in the Budget. If the Subrecipient anticipates spending more on personnel costs, an amendment is required. Additional approval steps may also be required before the personnel percentage can be increased. 3. If funding is allocated to a Fusion Center investment, the Subrecipient must ensure all Fusion Center analytical personnel demonstrate qualifications that meet or exceed competencies identified in the Common Competencies for state, local, and tribal intelligence analysts, which outlines the minimum categories of training needed for intelligence analysts. All training to ensure baseline proficiency in intelligence analysis and production must be complet i ed within six (6) months of hiring unless the analyst has previously served as an intelligence -analyst for a minimum of two (2) years, Proof of satisfaction of this requirement must be accessible to theDepartmentKey Personnel as applicable. 4. If funding is allocated to non -DHS FEMA training, the Subrecipient must request 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,/Iwww.foma.gov`/`sites/`default/files/2020- 04/Training Course Review and Approval IB Final 7 19 18,p the training must fall within the FEMA mission scope and be in alignment with the Subrecl-ient's Emergency Operations Plan. This I p requirement only applies to training courses and does not include attendance at conferences. Furthermore, additional federal approvals are required. for courses that relate to Countering Violent Extremism prior to attendance. 5. For SHSP and UASI, Subrecipients are required to complete the annual Nationwide CyberseCUrity Review (NCSR) https-.1/www.cisecurity.orq/ms-isa - c/services/ . ncsr -to benchmark and measure progress of improvement in their cybersecurity posture. 6. Except for an elevated National Terrorism Advisory System alert, prior written approval is required before SHSP and UASI funds may be used for operational overtime. Requests must be submitted to .the Department Key Personnel in advance of the expenditure to ensure all additional approval steps can be met. 7. SHSP Subrecipients shall participate in the he State's annual Stakeholder Preparedness Review (SPR), the State's Threat and Hazard Identification and Risk Assessment (THIRA), core capabilities .assessments, and data calls. Non -participation may result in withholding of funding under future grant years. 8. UASI Subrecipients shall participate in the annual UASI SPR. and THIRA process. 9. Subrecipients should document their preparedness priorities, informed by various factors, including jurisdiction specific threats and hazards (i.e., the THIRA); areas for improvement identified by real- world events and exercises; external requirements such as state or national preparedness reports, homeland security policy, and industry reports; and accreditation standards, regulations, or legislative requirements, and use them to deploy a schedule of preparedness events in a multi-year Integrated Preparedness Plan (IPP). Subrecipients are encouraged to participate in the State's annual Integrated Preparedness Planning Workshop (I PPW) or may conduct, their own local/regional I PPW. Information related to IPPS and Integrated Preparedness Planning Workshops (IPPWs) can be found on the HSEEP website at httr)s,://www.fema.gov/HSEEP and hftps:/Ir)reptool-kit.fema a DHS-FEMA-'HSGP-SHSP-FY23 Page 11 of 53 Grant County Sheriffs Office, E24-122 C. OHS TERMS AND. CONDITIONS As a subrecipient of 23HSGP funding, the Subrecien ipi t shall comply With all applicable DHS terms and conditions of the 23HSGP Award Letter and its incorporated documents , which are incorporated in an.d made a part of this Agreement as Attachment C. DHS-FEMA-HSGP-SH.SP-FY23 Page 12 of 53 Grant County Sheriffs Office, E24-122 Attachment B Washington Military Department GENERAL TERMS AND CONDITIONS Department of Homeland Security (DHS)/ Federal Emergency Management Agency (FEMA) Grants A. I DEFINITIONS As used throughout this Agreement, the terms will have the same meaning as defihed,in 2 CFR 200 Subpart A (which is 'incorporated herein by referenc'e), except as otherwise set forth below: .a. "Agreement" means this Grant Agreement. b. "Department" means the Washington Military Department, as a .state agency, any division section, office it other entity of the Department, or any of the officers or unit or other officials lawfully representing that Department. The Department is a recipient of federal award directly from, a federal awarding agency and is the pass-through entity making a subaward to a Subreci under this Agreement.. pient C. "Investment" means the grant application submitted by the Subrecipient describing the project(s) for which federal funding is sought and provided under this this Agreement. Such grant application is hereby incorporated into this Agreement by reference, d. "Monitoring Activities" mean's all administrative, financial, or other review activities that are 'conducted to ensure compliance with all state and federal laws, rules., 'regulations, authorities and policies. e. "Stakeholder Preparedness Review (SPR)" The SPR is an annual three-step self-assessment of a community's capability levels based. on the capability targets identified int he THIRA.' f. "Subirecipient" 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 asubaward from the Department. However, the definition of ".Subrecipient" is the same as in 2 CFR ,200. 1, for all other purposes. 9. "Threat and Hazard Identification and Risk Assessment (THIRAY, The THIRA is a three-step risk assessment. The THI RA helps communities understand their risks and determine 'the level of capability they need in order to address those, risks. The during the outputs from this process lay the foundation for determining 'a community's capability gaps. SPR process. A..2 ADVANCE PAYMENTS PROHIBITED The Department shall male no payments in advance or in anticipation of goods or services toe provided under this Agreement. Subrecipient shall not invoice the Drtment in advance of delivery .invDepartment .. ry 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 Z 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 clitional time for completion of the Subrrecipient's p ro ject(s), p A.4 AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336,42 U.S.C. 12101 ET ISEQ. AND ITS IMPLEMENTING REGULATIONS ALSO REFERRED TO AS THE "ADA" 28 CFR Part 35. The Subreciplent must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunication. DHS-FEMA-HSGP-SHSP-FY23 Page; 13 of 53 Grant County Sheriffs Office, E24-122 A.5 ASSURANCES The Department and Subrecipient agree that all activity pursuant to this Agreement will be in accordance with all the applicable current federal, state and local laws, rules, and regulations. A.6 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, OR INELIGIBILITY As federal funds are a basis for this Agreement, the Subrecipient certifies that the 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, ------.--In-e-figib-ifity,------and---V-olvint.a-ry--E-xclitsion—f orm—l-o-cated----at---h*tto.-IIm i W2M.oV/eM-e [ge divisiori/grants/requiredgrant.forms. Any such form completed by the Subrecipient'for this Agreement shall be incorporated into thisAgreement by reference. Further, the Subrecipient agrees to comply with 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, ipa 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-subre- ipient or by checking the System I r C C for Award Manag , emen't (http8.-Hsam.qov/:SAM/) maintained by the federal government. The Subrecipient .also agrees not to enter into any arrangements, or contracts with any party, on the Washington State .Department of Labor and Industries' 'iDe Contractor barred List' (httns:llsecure.Ini.,wa.gcdebarandstrike/Contracto'rDebarList. asp The ,Subrecipient . pient 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' "De barred Vendor List (http-://www.des,wa.gov/serv'ices/Contract.ingPurchasinc /Business/PagesNendor-Debarm Y . I es/Vendor-Debarment.asc ).. 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 influend , ng or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee o I f 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., a ; nd the extension, continuation, renewal, amendment or modification of any federal contract, grant loan, or cooperave 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 cooperat'I ve 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 Subreciplents shall certify and disclose accordingly. This certification isa 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 Subreupient 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 Art of 1968, the Robert T. Stafford Disaster Relief and Emergency Assistance Act, (PL 93-288, as amended), Ethics in Public Service (RCW 42.52), Covenant Against Contingent Fees (48 DHS-FEMA-HSGP-SHSP-FY23 Page 14 of 53 Grant County Sheriffs Office, E247122 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)2. State Building Code (RCW 19.27), Energy Related Building Standards (RCW 19.27A), Provisions in Buildings for Aged and Handicapped Persons (RCW 74.92), and safety and health regulations. In the event of noncompliance or refusal to comply with any applicable law, regulation, executive order, OMB Circular or policy by the Subrecipient, its contractors or subrecipents, 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 . ._..�-..-_.:.co.m.pIy with._applicab.le-laws,-�regulati.ons,_-executive-.o-rder_s,_0IVl B_C.irc,ulars 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 S"ubrecipient 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 accordancewith 2 CFR Part 200.318, General procurement standards, through 200.327, Contract provisions. As required by Appendix I I to 2 CFR Part 200, all contracts entered into by the Subrecipientunder this Agreement must include the following provisions, as applicable. 1) Contracts for more than the simplified acquisition threshold currently set at $250,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense AcgUisition. 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) Ail 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 affected and the basis for settlement. 3) Equal Employment Opportunity, Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition. of "federally assisted construction contract " in 41 CFR Part q pp 60-1.3 must include the equal opportunity' clause provided under 41 GFR: 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportu ity" (30 FR 12319, 129353 3 CFR Parte 1964-1965 Comp., p. 339), as amended by Executive Order 11375, ",AmendinExecutive Order 11246 Relating to Equal Employment OpportUnity,'and implementing regulations at 41 CFR part 60, "Office of Federal .Contract Compliarnce Programs, Equal Employment Opportunity, Department of Labor. 4) Davis -Bacon Act, as amended (40 US.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 too 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_ images 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 DHS-FEMA-HSGP-SHSP-FY23 Page 15 of 53 Grant County Sheriff's Office, E24-122 reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland ".Anti- Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or Subrecipient must, be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. 5) Contract Work Hours and Safety Standard, 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 domP liance 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 ahalf 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 agreeme.nt. under 37 CFR §401.2 (a) and the recipient or Subrecipient wishes to enter a contract with a small business firm. or nonprofit o iza rgani tion regarding the substitution of parties, assignment, or performance of experimental, developmental, or research work under that "funding agreement," the recipient or Subrecipient must. cornp ly with the requirements of 37 CFR Part 401, "'Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under, Government Grants, Contracts and Cooperative Agreements," and any 'Implementing regulations issued by the awarding agency, 7) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended Contracts and subgrants of amounts in excess of $150,000 must contain a proVision that requires the non-feder.al award to agree to comply with all applicable standards, orders or regulations, issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and. the Federal Water Pollution- Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the federal awarding 'agency and the Regional Office of the Environmental Protection Agency (EPA). 8) Debarment and Suspension (Executive.'Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the government -wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Sbspension." 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 Lip to the non-federal award. 10) Procurement of recovered materials – As required by 2 CFR 200.323, a non-federal entity that is a state agency or agency of a political subdivision of a state and. its contractors must DHS-FEMA-HSGP-SH.SP-FY23 Page 16 of 53 Grant County Sheriffs Office, E24-122 comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation. and Recovery Act., 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 $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 uirements and regulations pertaining to copyrights rights 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. ons. 14) Retention of all required records for six years after the Subrecipient has made final payments and all other pending matters are closed. 15) Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan Issued in compliance With the Energy Policy and Conservation Act (Pub. L..94-1.63, 89 Stat, 871), 16) Pursuant to Executive Order 13858 "Strengthening Buys -American Preferences for InfrastruCtUre Projects, 'I and as appropriate and to the extent consistent with law, the non Federal entity should, to the,greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States, as required in 2 CFR Part 200.322, in every contract, subcontract, purchase order, or sub -award that is chargeable against federal financial assistance awards. 17) Per 2 C.F.R. § 200,216, prohibitions regarding certain telecommunications and video surveillance services or equipment are mandated by section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (FY 2019 NDAA), Pub. L. No. 115- 232 (2018). b. The Department. reserves the right to review the Subrecipient's procurement plans and documents, and require the Subrecipient to ma . ke changes to bring its plans and documents into compliance With the requirements of 2 CFR Part 200.3`17 through 200.327. The Subrecipien t 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 rsuant 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 ies 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 Subrecipie'nt, and a third party mutually agreed upon by both parties. The determination of the dispute resolution board shall be final and binding on the parties hereto. Each party shall bear the cost for its member of the DHS-FEMA-HSGP-SHSP-FY23 Page 17 of 53 Grant County Sheriffs Office, E24-122 dispute resolution board and its attorney fees and costs and share equally the cost of the third board member. A.13 LEGAL RELATIONS It is understood and agreed that this Agreement is solely for the benefit of the parties to the Agreement and gives no right to any other party. No joint venture or partnership is formed as a result of this Agreement. To the extent allowed by law, the SLibrecipient, its successors or assigns, will protect, save and hold harmless the Department, the state of Washington, and the United States Government and their (a-uth,o-riz,ed.-a-gents-an-d--emplo.ye-e-s—from-all--claims,--actions---costs--.dam-ag-es-cyr-expenses-of-any-nature----------- whatsoever by reason of the acts or omissions of the Subrecipient, its Subcontractors, subrecipients, assigns, agents, contractors, consultahts, licensees, invitees, employees or any person . ho w msoever 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 a t horized agents and employees in any litigation; including payment of any costs I u 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 negligenceand (2) the Subrecipientits agentsor ern loyees, this . of (1) the Department, aa , , P 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- 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 provisi ons 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 au :amend, to alter, mend, 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'bindin g 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 Sub-recipien-t 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 complet-ion 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: DHS-FEMA-HSGP-SHSP-FY23 Page 18 of 53 Grant County Sheriffs office, E24-'122 :a. Nondiscrimination in Employment: The Subrecipient shall not discriminate against any employee or .applicant for employment because of race, color, sex sexual orientation religion 1. 1 , national origin, creed, marital status, age, Vietnam era or disabled veteran status, or the presence of any sensory, mental, or physical handicap. This requirement does not apply, however to a religious corporation, association, educational institution or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution or society of its activities. b. The Subrecipient shall take action to ensure that employees are employed and treated during employment -without discrimination because of their racecolor sex sexual orientation religion, national orig'in, 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 (OSHAIWISH The Subreciplent represents and warrants that its workplace does now or will meet all applicable federal and state safety and health regulations that are in effect during the Subrecipien't' 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 cos I ts of any nature, including, but not limited to, I costs of suits and attorneys' fees assessed against the Department as a result of the failure of the'Spbrecipient 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, ify, and hold the Department, the, state of Washington, and the United States, government harmless from any and all causes uses 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 ofy n. ballot issue, a A.22 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION The assistance provided under this Agreement shall not be used in payment of any bonus or commission for the purpose of obtaining approval of the application for such assistance or any other approval or concurrence under this Agreement provided, however, that reasonable fees or bona fide technical consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as project costs. A.23 PUBLICITY The Subrecipient agrees to submit to the Department prior to issuance all advertising and publicity matters relating to this Agreement wherein the Department's name is mentioned, or language used from Which the connection of the Department's name may, in the Department's judgment, be inferred or implied. The Subrecipient agrees not to publish or use such advertising and publicity matters without the prior written consent of the Department. The Subrecipient may copyright original work it develops in the course of or under this Agreement; however, pursuant to 2 CFR Part 200.315, FEMA reserves a royalty - free, non-exclusive, 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 C*FDA Number), and a statement that the publication does not constitute an endorsement by FEMA or reflect FEMA's views. DHS-FEMA_HSGP-SHSP-FY23 Page 19 of 53 Grant County Sheriffs Office, E24-1,22 A.124 RECAPTURE PROVISION In the event the Subredpient falls to expend funds under this Agreement in accordance with applicable federal, state, and local laws, regulations, and/or the provisions sions of the Agreement, the Department reserves the right to recapture funds in an amount equivalent to the extent of noncompliance. Such right of recapture shall exist for the life of the project following Agreement termination. Repayment by the Subrecipient of funds under this recapture provision shall occur within 30 days of demand. In the event the Department is required to institute legal proceedings to enforce the recapture provision, the Department shall be entitled to its costs and expenses thereof, including attorney fees from the Subrecipient. A.25 RECORDS a. The Subrecipient agrees to maintain all books, records, documents, receipts, invoices and a] I I 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 expendit ures in the performance of this Agreement (the "records"). b. The Subrecipients. 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 thfs 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 WORKNVORK PLAN While the Department undertakes to assist the Subr ecipient 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, constructionimplementation,, operation and maintenance of the project, as these phrases are applicable to this project, is .solely that of the Subreciplent, as is responsibility, for any.claim orsuit of any nature by any third party related iny to th any wa e project. Prior to the start of any construction activity, the Subrecipient shall ensure that 811 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 Subreci,pient 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, .. I 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, t, 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, ovisions, 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 (includinq all AMENDMENTS The Subrecipient shall comply with and include the following audit requirements in any subawards, DHS-FEMA-HSGP-SHSP-FY23 Page 20 of 53 Grant County Sheriffs Office, E24-122 Non' -federal entities, as Subrecipients of -a federal award, that expend $750,000 or more in one fiscal year of federal funds from all sources, direct and indirect, are required to have a single or a program - specific audit conducted in accordance with 2 CFR Part 200 Subpart F. Non-federal entities that spend less than $750,000 a year in federal awards are exempt from federal audit requirements for that year, except as noted in 2 CFR Part 200 Subpart F. As defined in 2. CFR Part 200, the term "non-federal entity" means a state, local government, Indian tribe,, institution of higher education, or nonprofit organization that carries out a federal award as a recipient or subreciplent. Subrecipients that are required to have an audit.must ensure the audit is, performed in accordance with ________ _G_en_e.ra1l.y_ -Ac.c.e.p-te-.d.-G-o-v-e.rn,m.-e- n -t- -A.u,d,ltln.g-S-tan-da.Eds-(-G-A- -GA.S-)-as-fo-.u,n-d-,.in-th.e-,-G-o-v-e-r-n- -e-nt-Ausditi n - M7. t Standards (the Revised Yellow Book) developed by the United States Comptroller General, and the Compliance Supplement. The Subrecipient has the responsibility of notifying its auditor andrequesting an audit in compliance with 2 CFR Part 200 Subpart F, to include the Washington State Auditor's Office, a federal auditor, itor, or a Public accountant performing work using GAGAS, as appropriate. Costs of the audit may be an allowable grant expenditure as authorized by -2 CFR Part 200,425. The Subrecipient shall maintain auditable records and accounts so as to facilitate the audit requirement ,and shall ensurethat anysubcontractors 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. Afterthesingle 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 Officegm i Lwa The Department retains the sole discretion to determine whether a valid claim for an exemption from the audit requirements bf this provision has been established. Conducting a single or program -specific audit in compliancewith 2 CFR Part 200 Subpart F is a material requirement ement of this Agreement. In the absence of a valid claim of exemption. from the audit requirements of 2 CFR Part 200 Subpart Ff 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 SUBRECIPIENTNOT EMPLOYEE The Subrecipient, and/or employees or agents performing under this Agreement, are not employees or agents of the Department in any manner whatsoever. The Subrecipient will not be presented as nor claim to be an officer or employee of the Department or of the State of Washington by reason hereof, nor will the Subrecipient make any claim, demand, or application to or for any right, privilege or benefit applicable to an officer or employee of the Department or of the State of Washington, including, but not limited. to, Workers' Compensation coverage, unemployment insurance benefits, social security benefits, retirement membership or credit, or privilege or benefit which would accrue to a civil service employee under Chapter 41.06 RCW; OFM Reg. 4.3.1.1.8. It is understood that if the Subrecipient is another state department, state agency, state university, state college, state community college, state board, or state commission, that the officers and employees are employed by the State of Washington in their own right. DHS-FEMA-HSGP-SHSP-FY23 Page 21 of 53 Grant County Sheriffs Office, E24-122 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 Subreciplent shall be responsible for, pay and maintain in current status all taxes, unemployment contributions, fees, licenses, assessments, permit charges and expenses of any other kind for the Subrecipient or its staff required by statute or regulation that are applicable to Agreement performance. Notwithstand-ing any provisions of this Agreement, the . Subre-cipient may terminate this Agreement 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. s Except as otherwise provided in this Agreement, the Department, in its sole, discretion and in the best interests of the state of Washington, may terminate this Agreement in whole or in part ten (10) business days after emailing notice to the Subrecipient. Upon notice of termination for convenience, the Department reserves the right to suspend all or part of the Agreement, 'withhold further payments, or prohibit the Subrecipient from incurring additional obligations.of funds. In the event of termination, the Subrecipient shall be liable for all damages as authorized by law. The rights and remedies of the, Department provided for in this section shall not. be exclusive and are in addition to any other rights and remedies provi-ded by law. A1.32 TERMINATION OR SUSPENSION FOR LOSS OF FUNDING The Department may unilaterally I terminate or suspend all or part of thi's 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 pro -per manner its obligations under this Agreement, is in an unsound financial condition so n 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 all -owed 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 .9 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. DHS-FEMA-HSGP-SHSP-FY23 Page 22 of 53 Grant County Sheriffs Office, E24-122 If it is determined that the Subrecipient: (.1) was. not in default or material breach, or (2) failure to perform was outside of the Subrecipient's control, fault or negligence, the termination shall be deemed to be a termination for convenience. A.34 TERMINATION PROCEDURES In addition to the procedures set forth below, if the Department terminates this Agreement, the Subrecipient shall' follow any procedures specified in the termination notice. Upon termination of this Agreement and in addition to any other rights provided in this Agreement, the Department may require the Subrecipient to deliver to the Department any property specifically produced or acquired for the ----__pe.r_fo rm an ce-of--s u ch -p a r-t--of-this-..Agreement as--ha s, -bee n -term in ate If the termination is for convenience, the Department shall pay to the Subrec'ipi.ent as an agreed re I ed upon price, if separately stated, for properly authorized and completed work and services rendered orgoods delivered to and accepted by the Departme _t prior r to the effective date of Agreement termination, the n 0 c 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 t * he: Subrecipient for termination. The Department may withhold from any amounts- due the Subrecipient such sum as the Department o . 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 outstandin ' liabilities and all claims arising out such termination of orders and 9 g of u er contracts, with the approval or ratification of the Department to the extent the Department may require, which approval or ratification shall be final for all the purposes of this clause; e. Transfer title to the Department and deliver in the manner, at the times, and to the extent directed by the Department any property which, if the Agreement had been completed, would have been required to be furnished to the Department; f. Complete performance of such part of the work as shall not have been terminated by the Department in compliance with all contractual requirements, and 9. Take such action as may be necessary, or as the Department may require, for the protection and preservation of the property related to this Agreement which is in the possession of the Subrecipient and in which the Department has or may acquire an interest. A-35 MINORITY AND WOMEN -OWNED BUSINESS ENTERPRISES In accordance with the legislative findings and policies set forth in Chapter 39.19 RCW, the State of Washington encourages participation in all its contracts by MWBE firms certified by the Office of Minority and Women's Business Enterprises (Ol1 WBE). To the extent possible, the Subrecipient will solicit and encourage minority-owned and women -owned business enterpris-es who are certified by the OMWBE under the state of Washington certification program to apply and compete for work under this contract, DHS-FEMA-HSGP-SHSP-FY23 Page 23 of 53 Grant County Sheriffs Office, E24-122 Voluntary numerical MWBE participation goals have been established and are indicated herein: Minority Business Enterprises: (MBE's). 10% and Woman's Business Enterprises (WBE's): 6 A.36 VENUE This Agreement shall be construed and enforced in accordance with, and the validity and performance shall be governed by, the laves of the state of Washington. `Venue of any suit between the parties arising out of this Agreement shall be the Superior Court of Thurston County, Washington. The SUbrecipient, by execution of this Agreement, acknowledges the jurisdiction of the courts of the state of Washington. A.37 WAIVERS Flo conditions or mentM�can be waived4 uri1ess approved" "ln 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.n.ot constitute a waiver of any right under this Agreement. DHS-FEMA-HSGP-SHSP-FY23 Page 24 of 53 Grant county Sheriffs Office, E24-122 Attachment C 23HSGP Award Letter EMW-2023-SS-00063 Award etter U.S. Department of Homeland Security hingto Bret Daugherty Washington Military Department Building 20 Camp Murray, WA 98430 - 5122 Re: Grant No. EMM -2023 -SS -00463 Dear Bret Daugherty., Congratulations, on behalf of the Department of Homeland Security, your application for financial assistance submitted under the Fiscal Year (FY) 2023 Homeland Security Grant Program has been approved in the amount of $1010,447-00, You are not required to match this award with any amount of non -Federal funds, Before you request and receive any of the Federal funds awarded to you, you must establish acceptance of the award., BY accepting this award, you acknowledge that the terms of the following documents �are incorporated into the ' term of your s award: • Agreement Articles (attached to this Award Letter) • Obligating Document (attached to this Award Letter) • FY 2023 Homeland Security Grant Program 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. In order to establish acceptance of the award and its terms; please follow these instructions. Step 1: Please log in to the ND Grants system at https:l/por.tal.fema.gov. Step 2: After jogging in, you will see the Home page with a Pending Tasks menu. Click on the Pending Tasks menu, select the Application sub -menu, and then click the link for "Award Offer Review" tasks. This is link will navigate you to Award Packages that are pending review. 'J ew. Step 3, Click the Review Award Package icon (wrench) to review the Award Package and accept or decline the. award. Please save or print the Award Package for your records. System for Award Management (SAM): Grant recipients are to keep all of their information up to date in SAM, in particular, your organization's name, address, Unique Entity Identifier (UEI) number, EIN and banking information. Please ensure that the 1JEI number used In .SAM is the same one used to apply for all FEMA awards, Future payments will be contingent on the information provided in the SAM; therefore, it is imperative that the information is correct. The System for Award Management is located at http://\AAvw.sam,gov. If you have any questions or have updated your information in SAM, please let your Grants Management Specialist (GMS} know as soon as possible. This will help us to make the necessary updates and avoid any interruptionsin the payment process. PAMELA SUSAN WILLIAMS DHS-FEMA-HSGP-SHSP-FY23 Page 25 of 53 Grant County Sheriffs Office, E24-122 Agreement.Articles Fri Sep 0100,*0000 UTC 2023 U.S. Depattment of Homeland Security Washington, D.C. 20472 AGREEMEN_T-ARTICLES Homeland Secur ity Grant Program GRANTEE: Washington Military Depaftment PROGRAM: Homeland Security Grant Program AGREEMENT NUMBER: EMW-2023-SS-00063-SO1 Article I Article 11 Article 1.11 Article I.V Article V Article VI Article V-11 Article Vill Article IX Article X Article XI Article DCII Article X111 ,Article XIV Article XV Article XVI TABLE OF,CONTENTS Summary Description of Award HSGP Performance Goal DHS Standard Terms. and Conditions generally Assu,rances, Administrative Requirements, Cost Principles, Representations Representations and Certifications General Ac.knowlodgements and. Assurances Acknowledgement of Federal Funding from DHS Activities Conducted Abroad Age Discrimination. Act of 1975 Americans with Disabilities Act of 1990 Best Practices for Collection and Use of Personally Identifiable Information Civil Rights Act of 1964 -Title VI Civil Rights Act of 1968 Copyright debarment and Suspension' Drug -Free Workplace Regulations Duplication of Benefits DHS-FEMA-HSGP-SHSP-FY23 Page 26 of 53 Grant County Sheriffs Office, E24-122 Article XVII Education Amendments of 1972 (Equal Opportunity in Education Act) - Title IX Article XVIII E.O. 14074 - Advancing Effective, Accountable Policing and Criminal Justice Practices to Enhance Public Trust.and Public Safety Article IAC Energy Policy and Conservation Act Article XX False Claim's Act and Program Fraud Civil Remedies Article XXI Federal Debt Status Article .XXII Federal Leadership on Reducing Text Messaging while Driving Article XXIII Fly America Act of 1974 Article XXIV Hotel and Motel Fire SafetY Act of 1990 Article XXV John S. McCain National Defense Authorization Act of Fiscal Year 2019 Article XXVI Limited English Proficiency (Civil Rights Act of 1964 - Title VI) Article XXVI I Lobbying Prohibitions Article XXVI II National Environmental Policy Act Article XXIX Nondiscrimination in Matters Pertaining to Faith -Based Organizations Article XXX Non -Supplanting Requirement Article XXXI Notice of Funding Opportunity Requirements Article XXXI I Patents and Intellectual Property Rights Article XXXI I I Procurement of Recovered Materials Article XXX.IV Rehabilitation Act of 1973 Article XXXV Reporting of Matters Related to Recipient Integrity and Performance Article XXXVI Reporting Subawards and Execufive Compensation Article XXXVII Required Use of American Iron, Steel, Manufactured Products, and Construction Materials DHS-FEMA-HSGP-SHSP-FY23 Page 27 of 53 Grant County Sheriffs Office, E24-122 Article XXXVI I I Article XXXIX Article XL Article XLl Article XLI I Article XLI I I Article XLIV Article XLV Article XLVI ,Article XLVI I Article XLVJ I I Article XLIX Article L Article LI Article Ll I Article 1-111. Article LIV Article I - Summary Description of Avmrd SAFECOM Terrorist Financing Trafficking Victims Protection Act of 2000 (TVPA) ,Universal Identifier and System of Award Management USA PATRIOT Act of 2001 Use of DHS Seal, Logo and Flags Whistleblower Protection Act Environmental Planning and Historic Preservation (EHP) Review Applicability of DHS Standard Terms and Conditions to Tribes Ap.ceptance of Post Award Changes Disposition of Equipment Acquired Under the Federal Award Prior Approval for Modification of Approved Budget Indirect Cost Rate Operation Sto.negarden.Program. Hold OPSG Prog.ram Performance Goal Funding Hold* SHSP National Priorities Funding Hold: UASI National Priorities The purpose of the FY 2023 HSGP is to support state and local efforts to prevent terrorism and other catastrophic events and to prepare the Nation for the threats and hazards that pose the greatest risk to the security of the United States. The HSGP provides funding to implement investments that build, sustain, and deliver the 32 core capabilities essential to achieving the National Preparedness Goat of a secure and resilient Nation. Amon the five basic homeland security missions noted in the 9 1 1 QHS Quadrennial Homeland Security Review, HSGP supports the goal to Strengthen National Preparedness and Resilience. The building, sustainment,.and delivery of these core capabilities bilities are not exclusive to any single level of government, organization, or community, but rather, require the combined effort of the -whole community. This HSGP award consists of State Homeland Security Program (SHSP) funding in the amount of $6,190,947, Urban Area Security Initiative (UASI) funding in the amount of $6,250,000 (Seattle Urban Area), and Operation Stonegarden (OPSG) funding in the amount of $1,569,500. The following counties shall receive OPSG subawards for the following amount s: Adams, $95,000; Clallam, $150,000* Ferry, $84,500; Island, $100,000; Lower Elwha Tribe $75,000; Makah Tribe, $75,000; Nooksack, $99,000; Okanogan, $100,000; Pend Oreille, $150,000; Quileute Tribe, $50,000; San Juan, $100,000; Spokane, $121,000; Stevens, $150,000; Swinomish Tribe, $45,000; Whatcom, $175,000. These grant programs fund a range DHS-FEMA-HSGP-SHSP-FY23 Page 28 of 53 Grant County Sheriffs Office, E24-122 of activities, including planning, organization, equipment purchase, training, exercises, ses, and management. and administration across all core capabilities and mission areas. Article 11 - HSGP Performance Goal In addition to the Biannual Strategy Implementation Report. (BSIR) submission requirements outlined in the Preparedness Grants Manual, recipients must demonstrate how the grant -funded project addressed the core capability gap associated with thisro'ect and 'Identified in the Threat and Hazard Identification and Risk Anais ��_(THL !y IM or Stake I hol.derPreparedness .redn Review (SPR) or sustains existing capabiliti The capability gap reduction 6 must be addressed. in the Project es as applicable. Description of the BSIR for each project, Article 1111- DHS Standard Terms and C nditi s Generally n o , mon The Fiscal Year (FY) 2023 DHS Standard Terms and Conditions apply to 'all new federal financial assistance awards funded in FY 2023, These terms and conditions flow down to subrecipients unless an award term or condition specifically indicates otherwise. The United States has the right to seek judicial enforcement of these obligations. All legislation and digital resources are referenced with no digital links. The FY 2023 DHS Standard Terms and, Conditions will be housed.on dhs.gov at www.dhs.Igov/publication/fyl 5.-dhs- standard -terms -and -conditions. Article IV -Assurances,Administrative Requirements, Cost Principles, Representations and Certifications 1. DHS financial assistance recipients must complete either the Office of Management and Budget (OMB) Standard Form 4248 .Assurances Non -Construction Programs, o,r0-MB Standard Form 424D Assurances Construction Programs, as applicable, Certain assurances in these documents may not be ay applicable to your program, and the DHS financial assistance office (DHS FAC) may require applicants to certify additional assurances. Applicants are required to fill out the assurances as instructed by the awarding agency. cy. I I... DHS financial assistance recipients are required to follow the applicable provisions of the Uniform Administrative i strati, e Requirements, Cost Principles, and Audit Requirements for Federal Awards located at. itle 2 Code of Fed I e I . ral Regulations (C.F.R.) Part 200 and adopted by DHS at 2 C.F.R. Part 3002, I. By accepting this agreement, recipients, and their executives, as defined in 2 C. F.R. section 170.315 certify that their policies are in accordance with OM Bs guidance loc ated at 2 C.F.R. Part 200, all applicable federal laws, and relevant Executive guidance, Article V -General AckhoWedgements and Assurances All recipients sub ipients, successors, transferees, and assignees must acknowledge and to comply with applicable ) rect p rovisions governin DHS access to records accounts p -9 documents, information, facilities, and staff. (..Recipients must cooperate with any DHS compliance reviews or compliance investigations conducted by DHS. 11. Recipients must give DHSam e aCGessto ex'.'in acid records accounts, and other document and sources of information 'related to the federal financial assistance award and p s I r ermi't access to facilitie or personnel. I 11. Recipients must submit timely., complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. IV. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law, or detailed in program guidance. V. Recipients (as defined in 2 C.F.*R. Part 200 and including, recipients acting as pass-through entities) iti s) of federal financial I a assistance from DHS or one of its awarding component agencies must 'Complete the DHS Civil Rights Evaluation Tool within thirty (30) days of receipt of the Notice of Award for the first award under which this term * .1 applies. Recipients of multiple awards of DHS financial assistance should'only's-LibMit one , completed tool for their ir organization P e, not per award. After, the initial submission, recipients are required to complete the tool once every two (2) years if they have an active ve ,award, not every time an award is made. Recipients should submit the completed tool, including supporting materials, to CivilRightsEvaluation@hq,dhs.g*ov. This tool clarifies the civil rights obligations and related reporting requirements contained in the DHS Standard Terms and Conditions. Subreciplents are not required to complete and. submit this tool to DHS. The 0 evaluation tool can be found at https://w�vw.dhs'.gov/publication/dh,s-civil-rights-evaIuation-tool. DHS Civil Rights Evaluation Tool I Homeland Security DHS-FEMA-HSGP-SHSP-FY23 Page 29 of 53 Grant County Sheriffs Office, E24-122 The DHS Office for Civil Rights and Civil Liberties will consider, in its discretion, granting an extension if the recipient identifies steps and a timeline for completing the tool. Recipients should request extensions by emailing the request to i n CivilRightsEvaluation,@hq.dhs.gov prior to expiration of the 30 -day deadline. Article V11 - 'Acknowledgement of Federal Funding from DHS Recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposal, bid invitations, and other documents describing rojeGtSor rograms funded in whole or in part with federal funds. Article 111- Activities Conducted Abroad Recipients must ensure that project activities performed outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits,or approvals ae,obtaine d. Article VIII - Age Discrimination Act of 197 . 5 Recipients must comply with the requirements of the Age Discrimination Act of 1975, Public Law 94-135 (1975) (codified as amended at Title < U.S. Code, section 6101 et seq.), which prohibits discrimination on the basis of age in any program or activity receiving federal financial assistance. Article IX - Americans with Disabilities Act of 1990 Recipients must comply 'With -the requirements of Titles 11 11, and III of the Americans With Di abilities Act, Pub. L. 101-335 (1990) (codified as amended at 42 U.S.C. sections 12101-12213), which prohibits recipients from discriminating on the I basis of disability in the operation of public , 8 entiti pudic a e pu c and private transportation systems, places of public accommodation, and certain testing entities, Article X - Best Practices. for Collection and Use of Personally Identifiable Information Recipients who collect personally identifiable information (PII) are required to have a publicly available privacy policy that describes standards on the usage and maintenance of the PI I they collect. DHS defines PI I as any information that permits the identity of an individual to be directly or indirectly inferred including any information that is linked or linkable to that individual. Recipients may also find the. DHS Privacy Impact Assessments: Privacy Guidance and Privacy Template as useful resources respectively. Article X1 - Civil Rights Act of 1964 - Title V11 Recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964 (codified as amended at 42 U.S.C. section 2000d et seq.), which provides that no person in the United States will, on the grounds of race, color, or national origin be excluded from. participation in, be denied the benefits of, or be subjected to discrimination ,u der any program or activity receiving federal financial assistance, DHS implementing regulatio'ns for the Act are found at 6 C.F.R. Part 21 and 44 C. F, R. Part 7. Article X11 - Civil. Rights Act of 1M Recipients must comply with Title VI II of the Civil Rights Act of 1968, Pub. L. 90-2841-41 as amended through Pub. L, 113 which prohibits recipients from discriminating in the sale rental, financing, and advertising of dwellings, or in the provision of ;i - services in connection therewith, on the basis of race, color, national on gn, religion, disability, familial status, and sex (see 42 U.S.C. section 3601 et seq.), as 'implemented by the U.S. Department of Housing and Urban Development at 24 C.F.R. . Part 100. The prohibition on disability discrimi - nation includes the requirement that new multifamily housing with four or more dwelling units-i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground -floor units in buildings Without elevators) -be designed and constructed with certain accessible features. (See 24 C.F.R Part 100, Subpart D.) .Article X11,1- Copyright Recipients must affix the applicable copyright notices of 17 U.S.C. sections 401 or 402 and an acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistance awards.. Article XIV - Debarment and Suspension Recipients are subject to the non -procurement debarment and suspension regulations implementing Executive Orders (EO.) 12549 and 12689, which are at 2 C.F.R. Part 180 as adopted by DHS at 2 C.F.R. Part 3002. These regulations restrict DHS-FEMA-HSGP-SHSP-FY23 Page 30 of 53 Grant County Sheriffs Office, E24-122 federal financial assistance awards, subawards, and contracts with certain parties that are debarred suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities, Article XV - Drug -Free Workplace Regulations Recipients must comply with drug-free Workplace requirements in Subpart B (or Subpart C, if the recipient is an individual) of 2 C.F.R. Part 3001, which adopts the Government -wide implementation (2 C.F.R. Part 182) of Sec. 5152-5158 of the Drug -Free Wo lace Act of 1.988 (41 U. S.C. sections 8101-81 Q§). Article XVI - Duplication of Benefits Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies.; to avoid restrictions imposedby fed ral statutes, Tegulations, or federal financial assistance award terms.6nd. conditions; or for other reasons. However, these prohibitions would not preclude recipients -from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the. federal financial assistance award terms and conditions may not be charged to other federal financial assistance awards to overcome fund deficiencies; to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions; or for other reasons. Article XV11 - EdUcation Amendments of 1972 (Equal Opportunity in Education Act) - Title lX Recipients must comply with the requirements of Title.IX of the Education. Amendments of 1972, Pub. L. 92-318 (1972) (codified as amended at 20 U.S.C. section 1681 et seq.), which provide that no person in the United States will, on the basis of . sex, be excluded from participation in, be denied the benefits of, or be Subjected to di scrimination under any educational program or activity receiving federal financial assistance. DHS implementing regulation codified at 6 C.F. R. Part 17 and P s, are: 44 C. F,R. Part 19. Article XVIII - E.O. 14074 - Advancing Effective, Accountable Policing Criminal Justice Practices to Enhance cing and Public Trust and Public Safety Recipient State, Tribal, local, or territorial law enforcement agencies must comply with the requirements of section 12(c) of E.O. 14074. Rec I iptient State, Tribal, local, or territorial law enforcement agencies are also encouraged to adopt and enforce policies consistent with E.0, 14074 to support safe and effective policing. Article XIX - Energy Poli s cy and Conservation Act Recipients must comply with the requi,rements of the Energy Policy and Conservation Act Pub. L 94-163 (1 975) (codified as amended at 42 U.. S.C.. section. 6201 et seq), which contain polic - es relating to energy efficiency that are defined in the state energy conservation plan issued in -compliance with this Act, Article XX - False Claims Act and Prbgra.rhfraud Civil Remedies Recipients must comply with the requirements -of the False Claims Act, 31 U.S.C. sections 3729- 3733, which prohibit the submission of false- or fraudulent claims for payment to the Federal Government. (See 31 U.S.C. sections 3801-3812, which details the administrative. remedies for false claims and statements made.) Article XXI - Federal Debt Status All recipients are required to be non -delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments, (See OMB Circular A-'129.) Article XXII - Federal- Leadership on Reducing Text Messaging while Driving Recipients are encouraged to adopt and, enforce policies that ban text messaging while driving as described in E.0, 13513 including conducting initiatives described inn -Section 3(a) of the Order when on official government business or whe'n performing any work for or on behalf of the Federal Government. Article X.X111 -Fly America Act of 1974 Recipients must comply with Preference for U.S, Flag Air Carriers (air carriers holding certificates under 49 U.S.C.) for international air transportation of people and property tothe extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 19741 49 U.S.C. section 40118, and the interpretative DHS-FEMA-HSGP-SHSP-FY23 Page 31 of 53 Grant County Sheriffs Office, E24-122 guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942, Article. XXIV - Hotel and Motel Fire Safety Act of 1990 Recipients must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of Section 6 of the Hotel and Motel Fire Safety Act of 1990,15 U.S.C. section 2225a. Article XXV - John S. McCain National Defense Authorization Act of Fiscal Year 2019 Recipients, subrecipients, and their contractors and subcontractors are subject to the -prohibitions described in section 889 of the John S. McCain National Defense Authorization Act for Fiscal.Year 2019, Pub..L.No. 115-232 (2018) and 2 C.F.R sections 200.2.16 200.327,-.200,471 and Appendix .11 to 2 C.F.R. Part 200. Beginning August 13, 2020, applies lies to DHS recipients subrecipients, and their contractors and subcontractors -prohibits obligating or e' ding federal pp . I e' ding d award funds on certain telecommunications and video surveillance products and contracting with certain entities for national security reasons. Article XXVI - Limited English Proficiency (Civil Rights, Act of 1964 - Title V11) Recipients must comply with Title A of the Civil Rights Act of 1964, (42 U.S.C. section 2000d et seq.) prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services, For additional assistance and information regarding g , language , ac. cess obligations, please refer to, the DHS Recipient Guidance: hftps:flwvvw. dhs. govigui da nce- pub I is h ed- he I p-depa. rtme nt-su ppo rted-orga nizatio ns- provii de -mea. ni naf ul -access- peopl e-11 waited and additional resources on. http*//www.lep.gov. Article XXVII - Lobbying Prohibitions Recipients 'must comply with. 31 U.S,C. section 1352, which provides that none of the funds provided under a federal financial p assistance award may be expended by the recipient to pay any person to influence, orattempt to influence an officer or employee of any agency,.a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action related to a federal award or contract including any extension, continuation, renewal, amendment, or modification. Article XXV111 - National Environmental Policy Act Recipients must comply with the requirements of the National Environmental Po.licy Act of 1969, (.NEPA) Rub. L. 91-199 (1970) (codified. at amended at 42 U.S..C. section 4321 et Seq.) and ther Council on Environmental Quality (CECT) Regulations for Implementing the Procedural Provisions of NEPA, which require recipients to use all practi . cable 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 XXIX - Nondiscrimination in Matters Pertaining to Faith -Based Organizations It is DHS policy to ensure the equal treatment of faith -based organizations in social service programs administered or supported by DHS or its component agencies, enabling those organizations to participate I p cipate in providing important, social services to beneficiaries, Recipients must comply with the equal treatment policies and requirements contained in 6 C. F. R. Part 19 and other applicable statues, regulations, and guidance governing the participations of faith -based organizations in indiVidual DHS programs, Article XXX W Non -Supplanting Requirement Recipients receiving federal financial assistance awards made under programs that prohibit `supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non-federal sources. Article XXXI - Notice of Funding Opportunity Requirements DHS-FEMA-HSGP-SHSP-FY23 Page 32 of 53 Grant County Sheriffs Office, E24-122 All the instructions, guidance, limitations, and other conditions set forth in the Notice of Funding Opportunity (NOFO) for this program are incorporated here by reference In the award terms and conditions. All recipients must comply with any Such requirements set forth in the program NOFO. Article XXXII - Patents and Intellectual Property Rights Recipients are subject to the Bayh-Dole Act, 35 U.S,C, section .200 et seq, unless otherwise provided bylaw. Recipients are subject to the specific e oTigga d disposition o� rights Ipatents _L_quirements_9_qy_qrning the develo mentjqp qtq *nventions and_ resulting from federal financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. section 401.14. Article XXXIII - Procurement of Recovered Materials States, political subdivisions of states, and their contractors mustcomply with Section 6002 of the Solid Waste Disposal Act Pub. L 8.9-272 (1965), (codified as amended by the Resource Conservation and Recovery Act, 42 U.S.C. section 6962.) The requirements of Section 6002 Include procuring only items designated in guidelines lines of the Environmental Protection ,Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. Article XXXIV - Rehabilitation Act of 1973 Recipients Must Comply with the requirements of Section 504 of the Rehabilitation Act of 1973, Pub. L. 93-112 (19' 3) (codified as amended at 29 U,S.C. section 794), which provides that hat no otheRvise qualified handicapped individuals in the United States will, solely by reason of the handicap, be excluded from participation ins be denied the ben.efits of or be subjected to discrimination under any program or activity receiving federal financial assistance. Article XXXV W Reporting of Matters Related to Recipient Integrity and Performance General Reporting Requirements: If the total value of any currently active grants, cooperative agreements, and procurement contracts from all federal awarding agencies exceeds $10,000, 000 for any period of time during the period of performance of this federal award, then the recipients must comply with the requirements set forth in the government -wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by .reference in the award terms and conditions. Article XXXVI - Reporting Subawards and Executive Compensation Reporting of first tier subawards: Recip'ie-hts are required to comply with the: r quirements set forth in the government-v.4de award term on Reporting Subawards and Executive Compensation located at 2 C.F.R. Part 170, Appendix A, the full text of which is incorporated here by reference in the award terms and conditions. Article XXXVII - Required Use of American Iron, Sted 1, Manufactured Products, and Construction Materials Recipients must comply with the Build America, Buy America provisions of the Infrastructure Investment and Jobs Act and E.O.. 14005. Recipients of an award of Federal financial assistance from a program for infrastructure are hereby notified that none of the funds provided under this award may be used for a project for infrastructure unless: (1) all iron and steel used in the project are produced in the United States -this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; (2) all.manufactured products used in the project are produced in the United States -this means the man ufactu'red product was manufactured in the United States. and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 155 percent of the total cost of all components of the manufactured product. unless a.nother standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and (3) all construction materials are manufactured in the United States -this means that all manufacturing processes for the construction material occurred in the United States, The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, DHS-FEMA-HSGP-SHSP-FY23 Page 33 of 53 Grant County Sheriffs Office, E24-122 brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a. Buy America. preference apply to equipment and furnishings, such as movable chairs , desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project. Waivers When .necessary, recipients may apply for, and the agency may grant,, a waiver from these requi. rements, Information on the process for requesting a waiver from these requirements is on the website below. (a) When the Federal agency has made a determination that one of the following exceptions applies, the awarding official may waive the application of the domestic content procuremen..t preference In any case in which the agency determines that: (1) applying the domestic content procurement preference would be inconsistent with the public interest, (2) the types of iron, steel, manufactured products, or construction materials are not produced in the United. States in sufficient and reasonably available quantities or ofa. satisfactory quality; or (3) the 'inclusion o0ron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent. A request to waive the application of the domestic contentprocurement preference must be in writing. The agency will provide instructions on the format, contents, and supporting materials requited for any waiver request. Waiver requests are subject to public comment periods of no less than 15 days and must be reviewed by the Made in America Office. There may be instances where an aviard qualifies, in whole or in part, for an existing � elver described at "Buy America"' Preference in FEMA Financial Assistance Programs for infrastructure FEMA.gov. The awarding Component may provide specific instructions to Re- cipients of awards from. infrastructure programsthat are subject to the Build ,America, Buy America. provisions. Recipients should refer to the Notice of Funding Opportunity for further information on the Buy America preference and waiver process. Article XXXV111- SAFECOM Recipients receiving federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. Article XXXIIX, - Terrorist Financing Reciplents must comply with .E.O. 13224>and U.S.. laws that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Re ipienis are legally responsible to ensure compliance with the Order and laws. Article XL - Traff eking Victims Protection Acct of 200 (T1fPA) Trafficking in Persons; Recipients must comply with the requirements of the government -wide financial assistance award term which implements Section 106 (g) of the Trafficking Victims Protection Act of 2000 (TVPA), codified as amended at 22 U.S.C, section 7`104. The award term is located at 2 C.F.RR, section 175.15, the full text of which is incorporated here by reference. Article XLI - Universal Identifier and System of Award Management Requirements for System for Award Management and Unique entity identifier Recipients are required to comply with the requirements set forth in the. govern ment-glide financial assistance award terra regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R. Part 25, Appendix A, the full text of which is incorporated here by reference. Article XLil - USA PATRIOT Act of 2001 Recipients must comply with requirements of Section 817 of the Uniting and strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act), which amends 18 U.S,C. sections 175-17bc. Article XL111- Use of DHS Seal, Logo and Flags DHS-FEMA-HSGP-SHSP-FY23 Page 34 of 53 Grant County Sheriffs Office, E24-122 Recipients Must obtain permission from their DHS FAO prior to using the DHS seal(s), logos, crests or reproductions -of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast -Guard officials.. Article XLIV - Whistleblower Protection Act Recipients must, comply with the statutory requirements for whistleblower protections (if applicable) at 10 US.0 section 2409 41 U.S, C., sectio n 4712 and 10 U.S.C. section 2324 41 U1. S, C. sections ions 4304 and 4310. Article XLV - Environmental Planning and Historic Preservation (EHP) Review DHS/FEMA funded activities that may require an Environmental Planning and Historic Preservation (EHP) review are subject to the FEMA EHP review process. This review does not address all federal, state, and local requirements. Acceptance of federal funding requires the recipient to comply with all federal, state and local la.ws. DHSIFEMA is required to consider the - potential impacts to natural and cultural resources of all projects funded by DHS/ FEMA grant funds, through its EHP review process, as.mandated by: the National Environmental Policy Act; National Historic Preservation Act of 1966, as amended; National Flood Insurance Program regulations, and any other applicable laws and executive orders. General guidance for FEMA's EHP process is available on the DHS/FEMA Website, Specific applicant guidance on how to submit information for EHP review depends on the individual grant program and applicants should contact their grant Program Officer to be put into contact with EHP staff responsible for assisting their specific grant program The EHP review process must be completed before funds are released to .carry out the proposed. project; otherwise, DHS/FEMA may not be able to fund the project due to noncompliance with EHP laws, executive orders, regulations, and policies. If ground disturbing activities occur during construction., applicant will monitor ground disturbance, and if any potential archaeological resources are discovered the applicant will immediately cease work in that area and.notify the pass-through entity, if applicable, and DHSIFEMA. Article XLVI - Applicability of DHS Standard Terms and Conditions to Tribes The DHS Standard Terms and Conditions are a, restatement of general requirements imposed upon recipients and flow down to sub -recipients as a matter of law, regulation, or executive order. If the requirement does not apply to Indian tribes or there is a federal law or regulation exempting p a its plication to Indian tribes, theh the acceptance by Tribes of, or acquiescence � - _ to, DHS Standard Terms and Conditions does not change or after its inapplicability to an Indian tribe. The execution of grant documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribe where it does not already exist. .Article XLV.1I - Acceptance of Post Award Changes In the event FEMA determines that changes are necessary to the award document after an award has been made,.including changes to period of performance or terms and conditions, recipients will be notified of the changes in writing. Cance notification has been made any subsequent request for funds will indicate recipient acceptance of the changes to the award, Please call the FEMA/GM D Call Center at (866) 9277-5646 or via e-mail to: ASK -GM D@fema.dhs.gov if you have any questions, Article XLV111 -,Disposition of Equipment Acquired Under the Federal Avmrd For purposes of original or replacement equipment acquired under this award by a non -state recipient -s n recipient or non tate sub - recipients, when that equipment is no longer needed for the original project or program or for other activities currently or previously supported by a.federal awarding agency, you must request instructions from FEMA to make proper disposition of the equipment pursuant to 2 C.F.R. section 200.313. State recipients and state sub -recipients must follow the disposition requirements in accordance with state laws and procedures. Article XLIX - Prior Approval for Modificiation of'Approved Budget Before making any change to the FEMA approved budget for this award, you must request prior written approval from FEMA where required by 2 C.F.R. section 200.308. For purposes of non -construction projects, FEMA is utilizing its discretion to. impose an additional restriction under 2 C.F.R. section 200.308(f) regarding the transfer of funds among direct cost categories, programs, functions, or activities. Therefore, for awards with an approved budget where the federal. share is greater than the simplified acquisition threshold (currently DHS-FEMA-HSGP-SHSP-FY23 Page 35 of 53 Grant County Sheriffs Office, E24-122 $250,000),. you may not transfer funds among direct cost categories, programs, functions, or activities without prior written approval from FEMA where the cumulative amount of such transfers exceeds or is expected to exceed ten percent (10%) of the total budget FEMA last approved. For purposes of awards that support both construction and .non -construction work,. FEMA is utilizing its discretion under 2. C, F, R, section 200.308(h)(5) to require the recipient to obtain prior written approval proval from FEMA before making any fund or ,budget transfers beNve, ieri.the two types of work You must report an deviations from your FEMA approved bud et inthe first Federal Finan ial Report (SF -425) u submit c 'YO following any budget deviation, regardless of whether the budget deviation requires prior written approval. Article L - Indirect Cost Rate 2 C.F,R.-sectibn 200.211(b)(15) requires the terms of award to include the - for the federal award. If o, the indirect cost rate applicable, the indirect cost rate for this award is, stated in the budget documents or other materials approved by FEMA and included in the award file. Article LI - Operation Stonegarden Program Hold The recipient is prohibited from drawing down OPSG funding under this. award, or reimbursing OPSG subrecipients of this award until each unique, specific, or modified county level, tribal, or equivalentOperations Order or Fragmentary Order (FRAGO)has been reviewed byFEMA/GPD and Customs and Border Protection/U.nited States Border . Patrol '(CBP1US BP). The recipient will receive the official notification of . approval from FEMA/GPD, Article L11- OPSG Program Performance Goal In addition to the Biannual Strategy Implementation Report (BSIR) submission re quirements outlined in the Preparedness Grants Manual, recipients Must demonstrate.4 -ore capability lity ga how the grant unded project addressed the c se ca a p associated with this project and identified in the Threat and Hazard Identification and Risk Analysi's (THIRA) or Stakeholder Preparedness Review (SPR) or sustains existing capabilities as applicable. The capability gap reduction or capability sustainment must be .addressed in the Project Description of the BSIR for each project. Article Lill - Funding Hold: SHSP National Priorities FEMA has placed a funding hold on the following investments underthe national priority areas, and $180, 728,41 of SHSP funds is on hold in the FEMA financial systems. Until the hold is released, the recipient is prohibited from drawing rawing down funds or reimbursing. subreciplents, and the.subreciplents are prohibited from obligating or expending SHSP funds, for the costs or activities identified below.. The hold only applies to the amount of funds identified for each SHSP investment under the national onal priority areas below. To release this hold, additional information isrequiredfor the investments identifi e d below which must be submitted. in the December 2023 Biannual Strategy Implementation Report (BSIR). I. Soft Targets:and Cro wded Places- $1801728-41 .If you haVequestions about this funding hold or believe it Was placed in error, please contact the DHSIFEMA Headquarters Preparedness Officer. Article LJV - Funding Hold: UASI National Priorities FEMA has placed a funding hold on the following investments under the national priority areas, and $187,500 of UASI funds I y Is on hold in the FEMA financial systems. Until the hold is released, the recipient is prohibited from drawing down funds or reimbursing subrecipients, and the subreciplents are prohibited from obligating or expending UASI funds, for the costs or activities identified below. The hold only applies to the amount of funds identified for each UASI investment under the national priority areas below. To release this hold, additional information is required for the investments identified below which must be submitted in the December 2023 Biannual Strategy Implementation Report (BSIR). Seattle Urban Area 1 . Soft Targets and Crowded Places, S1 81,500 If you have questions about this funding hold or believe it was placed in error, please contact the DHS/FEMA Headquarters Preparedness Officer. DHS-FEMA-HSGP-SHSP-FY23 Page 36 of 53 Grant County Sheriffs Office, E24-122 BUDGET COST CATEGORIES Personnel Fringe Benefits Equipment Supplies Contractual Construction Indirect Charges Other $547,241,00 $199,741.00 -"--'-'-'$20-197 6. DO' ---'- $0.00 $01218.00 $13,127,575.00 $0.00 $1051696,00 $0.00 DHS-FEMA-HSGP-SHSP-FY23 Page 37 of 53 Grant County Sheriffs Office, E24-122 Obtigatin a Doc=tent for Award/Amenndm ent 1'q AGREEMENT NO. 2. ANIENDNENT NO. 3, 4. TYPE OF ACTION 5. CONTROL NO. E i\ �A, V -023 -SS -0006-3-S0-1 2 RECIPIENT AWARD W -X0565 0N22023T, O. NVKK 0 5 6 5 2-N22 0 2 3 T 916001.095G-N "X 0 - 6 5 1 N`22 0 2 3 T W- --.'CIPIENTA --tv E -AND - ADDRESS ADDRESS FEIvLjk Finance Center Wash incrton lvdlitary FEMA -GPD 41330 Market Street Department 400 C Street,, SW', 3rd floor ' \dnchester, VA 2260" Bui'lding 20 Washington, DC 20472-3645 Camp Murray,, IVA98430 - POC: 866-927-5646 5122 9. NAS OF RECIPIENT PHONE NO. 10. NANE OF FEMik PROJECT COORDINATOR PROJECT OFFICER, 2535127472 Central Scheduling and Information Desk Gail (Oran: Phone: 800-368-6498 Email: Askcsld@,clhs.gov 11. EFFECTIVE DATE OF 12. 13, ASSISTANCE ARR.ANGETkvf ENT 14, PERFORMANCE PERIOD THIS ACTION 2vETHOD Cost Reimbursement 09/11/2023 OF From: To: PA11v1ENT 09/01/2.023 PARS Budget Period 09/0112023 08/3112026 15. DESCRIPTION OF ACTION a. (Indicate fundino, data for Mards or financial chanes) n za, .PROGRAM 'CFDA NO. ACCOUINTING DATA PRIOR AMOUNT CURRENT CUMULAMMNON- NAIVE (ACOS CODE) TOTAL AWARDED TOTAL FEDERAL CONUITIMENT ACRONYM 2N." -%X � -MXZ -X-",L%,2XX:1r - AWARD THIS AWARD X, x X X, X, -x X MX --�'r X: X X' - X, ACTION +0 Homeland 97,067 2023 -FA- O1 -P4.10- 4.101-D $0.00 $6J90.947.00 $6,190,947.00 See Totals Security grant .Program Homeland, 97.067 2023-FA.GG02-P410- -4101-D $0.00 $1,569,500.00 $1,569,500.00 See Totals Security Grant Pro'uarn .Homeland 97.067 2023-Fk-GH01-P410- -4101-D $0.00 $6,250,000A $6,2500000.00 See Totals Security Grant Program $0.00 5145010,447.00 $145010,447.00 $0.00 b, To describe changes other than. funding data or financial changes, attach schedule and check here. N/A 1.6 a. FOR NON-DISASTERPROGRAMS: RECIPIENT IS REQUME D TO SIGN AND RETURN THREE (3) COPIES OF THIS DOCUMENT TO FETN14 (See Block 7 for address) Hom eland Security Grant Pro gram recipients are not required to sigi-i and return copies of this document. However- recipients should print and keep a copy of this documentfor their records. 16b. FOR DISASTER PROGR-PMS, RECIPIEINT IS NOT REQUIRED TO SIGN This'assistance is subject to terms and conditions attached to this award notice or by incorporated. reference in program legislation cited e above. 17. RECIPIENT SIGNATORY OFFICIAL (Tame and Title) DATE Gail Cram, Wed Sep 27 21:07:31 UTC 18. MllvfA SIGNATORY OFFICIAL (NameandTitle) 20 2 3 DATE DHS-FEMA-HSGP-SHSP-FY23 Page 38 of 53 Grant County Sheriffs Office, E24-122 PAMELA SUSAN IVILLIAMIS, IvIon Sep 11 13:231:50 Ti -TC '2023 ../o DHS-FEMA-HSGP-SHSP-FY23 Page 39 of 53 Grant County Sheriffs Office, E24-122 Attachment,D-1 23.SHSP Investment Justification Washington is comprised of 39 counties with geography including forests, mountains, islands, rainforests,, rivers, lakes, and plains. The U.S. Bureau of Economic Analysis ranked Washington 34 of 50 states for gross domestic product in 2022; several world-class organizations headquarter their operations within the state. Washington has marine, aviation, rail, and road transportation infrastructure to support Its position as a bustlingtrade center. Over half of Washington's 7.77 million population lives in the Seattle. metropolitan area located along the Puget Sound., This area is the center of transportation, business, and industry and is -----.-.---.--------t-he-f-astes-t-g-rowi.ng-regio4n,-i-n-�t-he-8,t-a,t-c�TA-v,08,t-m-ajori.t,- -6f-t-he-s-t-ate�s-popul-ation-1,ives--in-den-s--ely-set-t-led-urb-a y, n Understanding Washington's hington's population is critical in order to mitigate vulnerabilities,id to incidents, .respon dents, and effectively concentrate recovery efforts. Furthermore, Washington is subject to 10 natural and 7 human -caused hazards. The 2022 THIRA focuses on four0 fthoserisks: cyber -attack, earthquake, complex coordinated terrorist attack, and . pandemic -human (biological). The 2023 Washington State Risk Profile scored the state's relative risk as 9.60., ranking it as the 10th highest at -risk state. Washington. State has consistently had a high relative'risk. score (ranked in the top 25% of ..states for the past seven years) and must be prepared to prevent, respond to, mitigate, and recover from acts of terrorism. The FY23 SHSP projects Were selected to build upon or sustain a range of.Core Capabilities identified in the 2022 SPR as having significant gaps as well as to support the six National Priority Areas. The investments support the Planning, Organization, Equipment. , , Training,and Exercise solution areas With a focus in the following Core Capabilities: Community Resilience; Environmental Response/Health & Safety; Infrastructure Systems; Intelligence & Information Sharing; Interdiction & Disruption; Logistics Supply Chain Management; Mass Search & Rescue Operations; On -scene. Security, on, Law Enforce' 't; r y, Protectio men, Operational Communications; Operatiorial. Coordination; Physical Protective Measures; Planning; Public Infor"mation & Warning ng and Screening, Search, & Detection. Regional Risks - Reasons for the Work Region 7 terrorist targets include: Energy Producing Dams ,Large Crowds During Events Access Control to Critical Infrastructure Transportation Corridors Agro -Terrorism. DHS-FEMA-HSGP-SHSP-FY23 Page 40 of 53 Grant County Sheriffs Office, E24-122 Aftachment D-2 Grant County Sheriff's Office, Emergency Management ENDURING NEEDS AMOUNT $40.,207 Investment #I-:- WA SHSP Sustainment The5tate, is divided into nine Homeland Security Regions which differ in geography (marine to desert), major industry (large., -b.usin.e,ss-to-agricu.itural),-and- ..,PQPLjlat'lon-(dense-u,rba.n7se-tti-ngs-to-ru:ral.).- Each-,.r.egion.-as-w-ell-.as--state--ag.ency-par-t,.ne-r-s.-d�evelop-.---.---.-- projects to address their specific risks and hazards which.sustain previously built capabilities or close identified gaps, Most initiatives can be tied back to building regional onal capability to prevent, protect, respond, and recover and be in a state of readiness should a natural or human -caused catastrophic incident occur. Gaps identified in: -Community Resilience: Lack of publications ons & no current funding source to assist communities with equipment & supplies for resiliency kits, CERT training, & other resources and lack of community trainings -Cybersecurity: Lack. of dedicated cyber incident response plans -Environmental Response/Health/Safety: Lack of developed policies, plans,. procedures, mutual aid agreements, & strategies in hazardous debris removal- -infrastructure Systems: Lack of equipment to facilitate communication during a disaster & a lack of information sharing among privately owned critical infrastructure & state agency stakeholders -Interdiction & Disruption: Need to replace expiring equipment -& improve.ball.istic protection & communications equipment used in law enforcement operations & special teams need. updated training to the latest laws & techniques -Mass SAR Operations: Gaps in rescue equipment & training in rescue & structural collapse operations -On-Scene I Security/Protection/LE: Lack of local funding to maintain & replace aging and/or expiring, equipment & lack of ability to conduct tra . inings in protecting response personnel -Operational Comrns: Aging equipment., differing technology, & geographical challenges hamper interoperable, communications -Operational Coord: Lack of staffing, developed plans, & equipment to meet coordination needs and the need for integrated training and exercises between partners -Planning: A need to evaluate, update, coordinate, and better -socialize plans and there is a lack of local funding to support planning efforts -Public lnformat,ion/Warning:,Need for continued funding for mass notification systems and better coordinated public messaging procedures and policies, high turnover within the Public Information discipline, and a need. for culturally and linguistically appropriate messaging -Screening/Search/Detection:- Lack of equipment for specialized operations. SHSP: EN Project #7: Region 7- Homeland Security Project 9 uri r Region 7 will address 'pr iorities based on regionally identified ied gaps. The region is challenged by rsisten't capability gaps which pe include On -Scene Security, Protection, & Law Enforcement due to the lack of local funding to maintain and replace aging and/or expiring equipment; Operational Coordination due to lack of staff trained in their COOP and EOC roles, lack of equipment for proper EOC. operation, and lack of storage for critical emergency response equipment; Mass Search & Rescue Operations due to the need to maintain equipment arid training to ensure response readiness; Interdiction & Disruption due to a need to replace expiring equipment and improve electronics, such as updating communications equipment, used in law enforcement operations; due to lack of funding, first responders do not have access to the most updated equipment which creates unsafe, ineffective working conditions; and the SWAT Team. needs updated training to the latest laws and techniques; Public Information $4 Warning due to the lack of educational materials for the public alert system; and Operational Communications due to limited staff to assist jurisdictions with continuity and operational planning and ensure the EOC is outfitted w . ith functional equipment. To address capability gaps and sustain current capabilities, the region will be investing in the solution areas of planning, organ ization, equipment, and training. Activities will include: On -Scene Security, Protection, & Law Enforcement: Complete ,maintenance and readiness tasks for which there is no local funding so that equipment can be deployed and.. purchase equipment for specialized response teams. Operational Coordination: Host and fund staff to attend operations -specific training for their EOC positions as well as ICS and IMT courses, purchase networking equipment for EOC virtual coordination, and lease storage unit to shelter and charge response equipment. Mass Search & Rescue Operations: Purchase specialized search and rescue equipment such as handheld thermal imagers and an Unmanned Maritime Vehicle for more rapid search and recovery in areas that are traditionally difficult to search, such as bodies of water. Interdiction & Disruption: Outfit tactical and communication vehicle with .updated computer stations, radio systems, and connectivity equipment; purchase search and rescue and breaching tools for the regional SWAT Team; purchase ballistic vests for SWAT team members; and fund specialized tactical training. Public Information DHS-FEMA-HSGP-SHSP-FY23 Page 41 of 53 Grant County Sheriffs Office, E24-122 & Warning: Renew county -alert and warning system contract and purchase alert and warning system e m English and Spanish to increase public awareness and participation. Operational Com - U'ications: Maint m n ain and Update alert and warning system points of contact and EOC operational plans as well as maintain EOC equipment functional ity. The funding priorities will support the region in their effort to address identified capability gaps with terrorist -related risks, which will enhance the Region's ability to detect, identify, interdict, and recover from a terrorist attack. SUBPROJECT #1 Mobile Operations Command Center (MOCC) Updates and Response Vehicle Supplies CORE CAPABILITIES SOLUTION AREAS PLANNING ORGANIZATION EQUIPMENT TRAINING EXERC ISE TOTAL $0.00 $5,500. $0.00T .$0.00T— so..00]— $5,500.00 GAP(S) IDENTIFIED "Lack of local funding t I o maintain and replace aging and/or expiring equipment WA 2022 SPR pg. 507 ACTIVITIES TO BE PERFORMED Provide maintenance. to the SHSP funded Mobile Operations Command Center (MOCC). Purchase allowable supplies for the MOCC to ensure it is available for deployment. The MOCC is enhanced with equipment and ready to use during incidents. The MOC . C will be available to respond to incidents within Grant County as well as neighboring jurisdictions upon Mutual Aid request, Response vehicles will have all supplies needed to properly deploy and be of assistance on a disaster scene. DESIRED OUTCOMES (INTERMEDIATE AND LONG-TERM) Coordinated communications between EOC, Incident Command post, and the public during the incident. NEXUS TO TERRORISM The Grant County Sheriffs Office MOCC is a field command vehicle that functions as ' an incident command post and incident support vehicle during a planned event or incident. The MOCC is equipped with multiple radio syst.ems, network and data infrastructure supported by cellphonehetworks, twogenerators for power, and multiple computer workstations for personnel operating out of the MOCC. In the event of a terrorist act or domestic violence extremism with o-ffsite* impacts to Grant County, the MOCC would be -used to coordinate field activities, -and serve as a hub for response int I he Im Pacted area. In the event of an off'site impact to Grant County, but offsite impacts to our area partners, the MOCC is available for mutual aid requests to su . pport the overallresponse, The requested funds would su* portr-equipment updates a'nd ope ational readin ss f the MOCC. Response Vehicles will be able to safely arrive at incident scene', be q ickly ide fified by responder's a d th public. SUBPROJECT #2 Training CORE CAPABILITIES Operational Coordination Core Capability #1 Sustaining or Enhancing? Enhanc Planning Core Capability #2 (optional) Sustaining or Enhancing? Sustaining SOLUTION Inability to atcomplishtraining-on advanced ICS courses without having to bring in instructors from out of area and budget for their per diem and travel expenses. WA 2022 SPR pg. 39 ACTIVITIES TO BE PERFORMED Operations specific training for EM staff and staff who will work in the EOC, to include regional IMT development courses and hosting position specific training locally and/or an 0-305 course. May also include staff training on support software, Funds will also support regional ICS course/G series course instruction & deployment. Budgeting for ICS COUrse/G series course instruction n will remove the barrier for other agencies to host training, due to budget limitations. ASSOCIATED DELI VERABLESIOUTPUTS (IMMEDIATE) FFn-e Ih. -t-MffflM-dn­local -'EO'C7c-i�o-e-r-ati-o--n-'s--a--d'— supportsoftware i improve. react y"ensuinglia all staff have a baseline skillset for response support. - ort. DESIRED OUTCOMES (INTERMEDIATE AND LONG-TERM) Improve capacity of trained response staff on incident management regionallyi Deploy instructors to regional partners to bolster depth of 'NIMS/ICS trained first responders. NEXUS TO TERRORISM Ensuring that emergency response staff are properly trained on the National Incident Management System and the Incident Command System, will improve the overall response to an act of terrorism and transition to recovery from disasters. Promoting regional training of response staffalso deepens the mutual aid capacity of Central and Eastern Washington. SUBPROJE,CT#3, Search and Rescue Support CORE CAPABILITIES Mass Search &, Rescue Operations Core Capability 41 _T Sustaining or Enhancing? Enhancing Screening, Search, & Detection Core, Capability #2 (optional) Sustaining or Enhancing? I Enhancing SOLUTION AREAS PLANNING ORGANIZATION EQUIPMENT TRAINING EXERCISE TOTAL .$0.00 $2,000.00 $8,000.00 $1,s00.00 $0.00 $11,500.00 GAP(S) IDENTIFIED ,Lack. of Mass Search and Rescue equipment, and PPEacross the state's local jurisdiction., especially for specialty teams; to maintain 'equipment and training to ensure response readiness, MIA 2022SPR page 487 ACTIVITIES TO BE PERFORMED Purchase of specialized SAR. equipment such as handheld thermal imaging and portable side sonar/underwater SAR ro bot. Rebranding of response equipment for more rapid identification of assets by the public and replacement of consumables used during trainings,and response. Pay for yearly Search and Rescue Association Fee, ASSOCIATED DELIVERABLESIOUTPUTS (IMMEDIATE) GCSO Deputies with SAR responsibilities will gain SARS coordinator skillset for use during regional SAR responses,. Response equipment to be properly marked for ease of identification for response staff and the public. DESIRED OUTCOMES (INTERMEDIATE AND LONG-TERM) Base d on local hazards, purchase specialized equipment to assist in'more rapid search and recovery in areas that are traditionally difficult to search, such as bodies of water. NEXUS TO TERRORISM Support of Search and Rescue programs bolsters the preparedness and response capacity of Grant County to any hazard that would necessitate SAR operations, including Acts of Terrorism. Additionally, improving search capabilities in water would allow for additional support for screening and detection along waterways in Grant County in the event of intelligence pointing to acts of .terror targeting the hydroelectric power dams along the Columbia River within Grant County's area of operation. SUBPROJECT #4 FDC Technology/ Equipment DHS-FEMA-HSGP-SHSP-FY23 Page 43 of 53 Grant County Sheriffs Office, E24-122 CORE CAPABILITIES Operational Coordination Core Capability #1 Sustaining or Enhancing? Enhancing SOLUTION AREAS PLANNING ORGANIZATION EQUIPMENT TRAINING EXERCISE TOTAL $0.00 $4,,000.00 $0,00 %,00 $0,00 $4,000.00 29% out of 24 local respondents have gaps in equipment, supplies, and systems that comply with relevant standards, in Emergency Operations, Center Management. WA State SPR pg. 42 .ACTIVITIES TO BE PERFORMED Purchase OWL Meeting Camera for similar) & associated networking equipment and additional desktop workstations for EOC support personnel. ASSOCIATED DELIVERABLESIOUTPUTS (IMMEDIATE) Purchase and deploy new workstations to the EOC, Update virtual meeting support infrastructure for the EOC. DESIRED OUTCOMES (INTERMEDIATE AND LONG-TERM) Additional, workstations will improve the EOC's capacity to response to an incident and. support field operations, NEXUS TO TERRORISM Additional technological -assets for EOC/Emergency Management Staff improves capacity for all aspects of'the local Emergency Management program, which includes acts of terrorism. GCSOEIVI Staff are also WA State Fusion Center Fusion Liaison Officers and assuch improving the technological capabilities of staff will improve response to acts of terror. SUBPROJECT #5 Special Equipment & Training for Special Teams CORE CAPABILITIES On -Scene Security, Protection, & Law Enforcement Core Capability #1 Sustaining or Enhancing? EnhancingLj Environmental Response/Health & Safety Core Capability #2 (optional) Sustaini,ng or Enhancing? Enh ancing SOLUTION AREAS PLANNING ORGANIZATION EQUIPMENTTRAINING EXERCISE SE TOTAL $0.00 $0.00 1 $1.0jonoo J $1,000.00 1 $0.00 1 $1,1,000.00 GAP(S) IDENTIFIED Support local hazardous materials response teams through equipment and training grants WA 2022 SPR pg, 302 Identify, purchase, and distribute specialized tactical team's equipment such as: ballistic helmets, shields, and vests in local jurisdictions. WA 2022 SPR. pg. 507 ACTIVITIES TO BE PERFORMED ,Purchase equipment for specialized response teams within Grant County based on internal review and application process: radiological detection equipment for regional hazardous materials technician response team., equipment and training for rescue .task force personnel, tactical response team equipment and training, CISM. team trainings, K9 training and, equipment.. ASSOCIATED DELIVERABLESIOUTPUTS (IMMEDIATE) .Special Teams will have training and equipment to increase their capacity to respond in accordance with their specialty area. DESIRED OUTCOMES (INTERMEDIATE AND LONG-TERM) Better equipped and trained specialized response teams will allow for a more resilient community and promote additional mutual aid resources regionally. DHS-FEMA-HSGP-SHSP-FY23 Page 44 of 53 Grant County Sheriffs Office, E24-122 NEXUS TO TERRORISM Specialized teams provide direct response capacity to acts of terrorism. Improving training and purchasing equipment increases this capacity. DHS-FEMA-HSGP-SHSP-FY23 Page 45 of 53 Grant County Sheriffs Office, E24-122 Attachment D-3 23SHSP NATIONAL PRIORITY AREA PROJECTS Grant County Sheriff's Office, Emergency Management National Priority Areas $80,p858 .In assessing the national risk profile for FY 2023, six priority areas, attracted the most concern. Due to the unique threats that the nation faces in X023, DHS/FEMA1 has determined that these six priorities should. be addressed by allocating specific percentages.of P--f-u'n-ds-t.o-e�a.ch-oLth.e-s.!,).c.a-r-eas,,,.-T-h,,e-f ot.l.o-wing-abe i 1) Enhancing the protection of soft t.argets/crowded places (ST/CP) 2) Enhancing information and intelligence.sha.ring and analysis (IIS) 3.) Combating domestic violent extremism (DVE) 4) Enhancing cybersecurity (CS) 5) Enhancing community preparedness and resilience (CP&R) 6) Enhancing election security ,(ES) Washington State will meet the 23SHSP priorities across multiple state and local projects Investment #2: WA SHSP National Priority: Soft Targets and Crowded Places Soft targets and crowded places (ST-CPs) are increasingly a r ppealing to terrorists and other violent extremist actors because of their relative accessibility and the large number of potential targets. This, challenge is complicated by the, prevalen,t use of simple tactics and less sophisticate'd attacks.. Segments of our society are inherently open to the general public, and by nature of their purpose do not. incorporate strict security M00sures Given the increased emohasis by terrorists ,a d other violent extremist ,actors to leverage less sophisticated methods to inflict harm in public areas, it is. -Vital that and private 8 the pub.lic a. e 40r's collaborate to enhance,security of locations such as transportation centers parks, restaurants, o par. rants,,shopping centers special event venues, and similar facilities. Per the DHS Soft Targets and Crowded Places security Plan Overview, "Reducing the risk of attacks against ST-CPs and reducing Impacts of attacks that do occur is a shared mission..." In the 2022 State SPR, the following gaps were identified related to preventing, preparing for., and responding to a terrorist attack on a ST -CP: -On-Scene Security, Protection., & LE, Lack of local funding to maintain and replace aging and/or expiring equipment, lack of equipment surge capability, need for more PPE, lack of training and exercises relating to Protecting Response Personnel, need to exercise with local and federal partners, need UAV technology during large festivals and public events to identify and m nitor 9 n 0 -suspicious activity. -Screening, Search, & Detection: Need to purchase specialized equipment for the continued support to. LE and the communities they serve. -Mass SAES Operations: Lack of Mass Search and Rescue equipment and PPE across the state's local jurisdictions and need up -:to - date training to ensure response readiness. -Interdiction & Disruption: Need to replace , expiring equipment, and fmprove electronic equipment, ballistic Protection,communication, and other Used in LE operations. and -Ph..sical Protective Measures:` Need surveillance cameras and alarm systems. a Through . collaborative ranking and selection g . process, Washington has identified .several key projects to address gaps and.sustain/enhance core capabilities directly related to the ST-CPs National Priority Area. PROJECT #1 SHSP: NPA STICP: Rescue Task Force (Investment 2,. Project 2) Note.* FEMA has placed. a hold on the funding for this project Expenses fdr this proyect will. not be reimbursedtintil FEMA deems the prof ct effective and releases -the associated hold. BRIEF PROJECT DESCRIPTION This project will support continued training for the developing Rescue Task Force Teams (RTF). A Rescue Task Force is a team consisting of law enforcement and Fire/EMS. This team has the skills and training to enter into a "warm zone" after a mass casualty incident and render aid to the hurt. Law enforcement deems the area a warm zone and then continues to provide protection to Fire/EMS, while they -render aid. A'warm zone" is an area where a potential threat exists but there is no direct or immediate threat. Traditionally an area must be considered a "cold zone" prior to Fire/ EMS entry. This causes a delay in immediate life-saving treatment for victims. Currently, we have two teams, one in Ephrata and one in Moses Lake. A train the trainer course was attended and resulted in 9 Rescue Task Force Instructors. We need continued training to have instructors teach other FIRE/EMS and LAW, Rescue Task Force DHS-FEMA-HSGP-SHSP.-FY23 Page 46 of 53 Grant County Sheriffs Office, E24-122 Techniques. Additional equipment will need to.be purchased for training as well as equipment t to respond to mass casualty and active shooters, To sustain skills and readiness, RTF skills and operations should be taught annually and practiced regularly. y CORE CAPABILITIES Operational Coordination Core Capability #1 .Sustaining or Enhancing.? F Sustaining On -Scene Security, Protection, & Law Enforcement Core Capability #2 (optional) Sustaining or Enhancing? Sustaining SOLUTION AREAS PLANNING ORGANIZATION EQUIPMENT TRAINING EXERCISE TOTAL $0.00 $0.00 $13,1000.00 $4,000.00 I $1,000..00 $181000.00 GAP(S) IDENTIFIED "While we do have capability in Operational Coordination, our personnel resources are insufficient to support optimum effective capability in this area. in short, we can bring some capability to bear but there is significant opportunity to enhance capability WA 2022SPR, pg. 40. Two teams would not be sufficient to respond to a. mass casualty or active shooter incident. 'WA 2022 SPR 486 "Agencies need more special hazard personal protective equipment, RTF Ballistic Protection, Multi -Threat Hazmat Suits" WA 2022 SPR pg. 507 Identify, purchase, and distribute specialized tactical te'ams' equipment such as: ballistic helmets, shields, and vests in local jurisdictions. ACTIVITIES TO BE PERFORMED - Purchase equipment that is needed to continue to build Rescue Task Force. It may include ballistic shield vests, helmets, and medical go kits. - Training for New Rescue Task Force members as we 11 as a refresher for those who have prior RTF training. Training may -include instructor development classes (ITC PER -266) or other related instructor development courses for members who became RTF instructors. - Purchase supplies for tra , inings - Plan, coordinate, and execute a 'tabletop exercise to improve operational coordination among local responders (LAW, FIRE, EMS, and hospitals). COLLABORATION Ephrata Fire Department,'City of Moses Lake Fire Department, Grant County Sheriff's Office, City of Moses Lake Police Department. Training opportunities will be open to region 7. Collaboration with region. 7 will continue to promote Rescue Task Force techniques. Our last locally hosted RTF-trp-ining had attendees from allover the state. The RTF teams will workw ithlocal tactical teams as they work to locate and neutralize threats, ASSOCIATED DELI VERABLESIO UTPUTS (IMMEDIATE) Trained Rescue Task: Force members will be immediately available and. able to coordinate with otherFIRE/EMS and Law to better respond torn -ass casualty or active shooter incidents. Current RTF Instructors are able to teach other LAWa ndFIRE/EMSRTF techniques and expand this capability, Purchased equipment will be available for response. DESIRED OUTCOMES (INTERMEDIATE AND LONG-TERM) This equipment and associated training will result in a reduction in loss of life during incidents because the RTF team will have the capability to respond to acts of terrorism. Response time after mass casualty incidents or acts of terrorism that result in injuries juries will be greatly reduced. With training and equipment available the long-term outcome is for more RTF teams to be built and available for response throughout the county. NEXUS TO TERRORISM This special team, Rescue Task Force, will increase its capacity to respond to acts of terrorism. An RTF reponse may be deployed to work in an active shooter scenario in a school, business, shopping mail, church, conference, special event, or any other scene that has the -potential of being an on-going ballistic or explosive threat. This project will help prepar' e. and respond to acts of terrorism. PROJECT #2 SHSP: NPA ST/CP; Regional Tactical Team Equipment (investment 2, Project 4) Note: FEMA ha*splaceda holdon the funding for this Expenses forthis project will not be r * bUrsed until FEMA deems the project effective and releases the associated hold. elm DHS-FEMA-HSGP-SHSP-FY23 Page 47 of 53 Grant County Sheriffs Office, E24-122 BRIEF PROJECT DESCRIPTION Region 7 Consists of five counties and the Colville Confederated tribes. The counties have tactical teams that support and train with each other, Chelan/Douglas have the East Cascade SWAT team, Grant County has the Moses Lake Tactical Response Team (MLTRT), Kittitas County has the Kittitas County Regional Tactical Response Team, and Okanogan County has a Special Response Team.. The Region 7 goal is to standardize our tactical equipment. Through this process, we will be standardizing specialized equipment to include ballistic shields and night vision goggles. This will allow the tactical teams to be able to train with the same equipment therefore allowing the counties to leverage specialized equipment for high-risk operations no matter the jurisdiction. No, one county can afford to equip their entire team with this critical piece of equipment, through this grant we will be able to assign the easil '" - rtable eqUlp *ent throughoutghout the region. The equipment i's easily transferable from jurisdiction.to jurisdiction witli-ea—si�-�-T-6u—gh-the --N-PA urc'n--a-s-e--t-Fesame equipment. 'i—'-'-----"-'-- CORE CAPABILITIES .Interdiction & Disruption Sustaining or Enhancing? Enhancing Operational Coordination Core Capability #1 Core Capability 42 (optional) Sustaining or Enhancing? Enhancing SOLUTION AREAS PLANNING ORGANIZATION EQUIPMENT TRAINING EXERCISE TOTAL $0.00 $0 00 $28,800.00 $0.00 $0.00 $28,800.00 GAP(S) IDENTIFIED WA 2022 SPR pg. 506 "31%out of 17 Local Respondents have gaps in equipment, suppiles, and systems that comply with relevant standards in Law Enforcement".. WA 2.10,22 SPR pg. 76 "There is a need, to replace expiring equipment and improve electronics, ballistic protection, communication, and other equipment used in law enforcement operations." WA 2022 SPR pg. 507 "Identify, purchase, and distribute specialized tactical teams equipment such as-, ballistic helmets, shields .and vests in local jurisdictions" ACTIVITIES TO BE PERFORMED Purchase, Dual Tube (vs, monocular) Night Vision Goggles and ballistic shields, COLLABORATION The tactical commanders of each county's team 'have agreed to start standardizing tactical equipment. This will allow operators from. different jurisdictions. the ability to utilize specialized equipment from their partners.. Regional teams will be equipped with the same equipment and attend the same training. All five counties in Region 7 will benefit from. this. NPA project. Since we will all be trained on thesame equipment, all Region 7 tactical teams will benefit by being able to borrow the standardized equipment on high-risk missions as needed. The specialized equipment will be sp -read out throughout the region with the ability to easily transfer the assets quickly, MLTRT has had multiple mutual training days with the Kittitas County Sheriff's Office Special Response Team (SRT) throughout the. Fast couple of years. SRT has also assisted MLTRT on multiple high risk search warrant operations. After speaking with SRT, they have also identified a need for ballistic shields. Collaboration within Grant County: Grant County Sheriffs Office, Grant County Fire District(s), Moses Lake Police Department, Ephrata, Fire Department, Moses Lake Fire Department ASSOCIATED DELI VERABLESIOUTPLITS (IMMEDIATE) This, project will.1 immediately expand. the operational capabilities of all of Region 7's tactical teams and the teams will be better prepared to address high-risk incidents. This project will also allow the tactical teams the ability to share critical mission specific equipment, DESIRED OUTCOMES (INTERMEDIATE AND LONG-TERM) For the intermediate and long-term outcomes, this project will allow Region 7 tactical teams the ability to assist one another with both manpower and equipment. Since the specialized equipment is standardized, the teams will already have training in its use DH.S-FEMA-HSGP-SHSP-FY23 Page 48 of 53 Grant County Sheriffs Office, E24-122 therefore allowing the teams to share the night vision and shields throughout Region 7 as needed, resulting in better, safer outcomes for the teams and the community. NEXUS TO TERRORISM All of Region 7's tactical teams are trained in responding to acts of terrorism. This project will enhance the operational capabilities of the regional teams to respond to terrorist acts more safely and effectively. Investment #5: WA SHSP National Priority: Community Preparedness and Resilience -,Cam-munity-o.-rga-rr�zat`tons-a�re--th-e-ba-ckb-on-e-of-clvl'c-l-ife-atTd--th-erefGr-a-m-ast-h-ave-the -ca-pab-ilit'l-e-s-t,o-*wlthstarfd�-a-cts-of-terror[sm---,---''-, and provide essential services, especially to menn'bers of underserved communities in the aftermath of an attack. Focus on -equity and investing in strategies that meet the needs of underserved communities will strengthen the whole community system of emergency management. The whole community includes children; older adults- individual I s With disabilities, and others with -access and functional needs; those from religious, racial, and ethnically diverse backgrounds; and people with limited English proficiency, Additionally, equity in emergency management requires proactively prioritizing actions that reinforce cultural competency, -accessibility, and inclusion, as well as reflect the historical context ofspecific ic groups of people. As communicated in 2022 State SPR.,. the Community Preparedness & Resilience (CP&R) capability gaps that will be addressed are: - Public Information & Warning.: A need for continued funding for Mass Rotification System; - Community Resilience: Need for additional staff for community resiliency outreach to local neighborhoods and a need to provide hands-on training and drills for mass care at a community level; and -Logistics & Supply Chain Management: A lack of developed policies, plans, procedures, mutual aid agreements, strategies, and other publications, including the collection and analysis of intelligence and information, in Supply Chain Restoration. Through a collaborative. ranking and selection process., Washington State has identified several key projects ts within this Investment to address gaps and sustain/enhance core capabilities directly related to the CP&R National Priority Area. PROJECT #3 SHSP: NPA CP&R: Regional Public Alert ' and War' ih' S ys_'t e t m (Investme 5, Project 3) a g BRIEF PROJECT D ESCRIPTION Public Warning Sys . tem for Region 7. Chelan, Douglas, Grant, Kittitas, Okanogan, and the Colville Tribe. CORE CAPABILITIES Public Information & Warning Core Capability #1 ,Sustaining or Enhancing? Sustaining Operational Communications Core Capability #2 (optional) Sustaining or Enhancing? Enhancing SOLUTION AREAS PLANNING ORGANIZATION EQUIPMENT TRAINING EXERCISE TOTAL $0.00 $34,058-00 so. -X0.00 $0.00 $34,058.00 E GAP(S) IDENTIFIED - "The region lacks a unified plan to summarize and. interpret public emergency communications on government response, community preparedness, pandernics, and other relevant emergency messages for all 13 identified languages. This has a cascading effect on reaching a broader demographic, causing Information delays when time is critical," WA 2022 SPR page 13 - "The basic Emergency Alert and Warning System isn't able to notify specific, targeted areas or transient populations within the county, Extra functionality and access to IPAWS is critical There is a need to establish a process for promptly distributing emergency communications in multiple languages throughout the county in a timely manner so individuals can take appropriate action during an emergency," -The vast different geographic terrain in Region 7 makes emergent public notification Impossible without amass alert and 9 13 Warning system. Region 7 is susceptible to natural disasters, domestic terrorist threats, and criminal activity; a sustained mass notification syste.m is a. critical gap for the communities. ACTIVITIES TO BE PERFORMED Renew annual Emergency Alert and Warning System contracts for 2024 for the counties in Region 7 (Chelan, Douglas, Grant, Kittitas, Okanogan). COLLABORATION This is a regional project that will benefit all of the Region 7 communities. DHS-FEMA-HSGP-SHSP-FY23 Page 49 of 53 Grant County Sheriffs Office, E24-122 ASSOCIATED DELI VERA BLESIOUTPUTS (IMMEDIATE) This project will allow all of Region 7 to have the ability,to quickly and effectively notify the public of threats or hazards in the area. The alert system is also the conduit to IPAWS. The systems can also provide Operational Coordination through the notification to key first responders such as law enforcement, fire personnel, mayors, commissioners, emergency dispatch, and utilities. Douglas County currently has the same alert system as its partner agency, Chelan County. This ensures the dispatch center can effectively issue an alert in either county without having to switch between programs. We plan to continue to maintain the same system,. whether it be AlertSense, or we move to bhother system such as Ev&bridge which is used by at least 2 other o in counties our region. 1Nealso ur i� -e'r--a-g-e"*n-c—i-eFs-('Fi'F(-�'--P-dlVff��,-SK-eFi-ffs- county officials (commissioners., mayors, etc.), which allows for rapid notification to all such groups during an emergent event. DESIRED OUTCOMES (INTERMEDIATE AND LONG-TERM) The Region 7 Public Alert and Warning project will sustain the ability to alert the community of dangers and, what to do to remain safe. This system is the conduAto communicate with a vastareaof the Region through one rapid - mechanism. The system will also help translate emergency messaging into other languages to assist limit English proficiency populations to remain safe, NEXUS TO TERRORISM This project has the ability to quickly warn or alert the population of any threats or dangers from foreign or domestic acts of terrorism. The Emergency Alert and Warning System will enable the messaging to: give out current information, tell people what to do to be safe, where to go to be safe, and/or what dangers to look out for. DHS-FEMA-HSGP-SHSP-FY23 Page 50 of 53 Grant County Sheriffs Office, E24-122 AttaGhment E 23SHSP Budget Grant County Sheriff's Office, Emergency Management AGREEMENT AMOUNT $121,065 AMOUNT LETPA $78,829.00 09 PERSONNEL $4,x63.,,00 .3% of the agreement total M&A $1,207.00 1Y6 of the agreement total Enduring Needs Subproject(s) National Priority Area Project(s) AMOUNT PROJECT #1 SHSP: NPAST/CP: Rescue Task Force (Investment 2p Project 2) $18,pO0O.00 PROJECT #2 SHSP: NPA ST/CP: Regional Tactical Team Equipment (investment 2, Project 4) $28,800.00 PROJECT #3 SHSP: NPA CP&R: Regional PublicAlert and Warning System (investment 5,, Project 3) $34..058.00 M&A $0.00 SUBTOTAL $80,858.00 INDIRECT $0.00 TOTAL $8Op858.00 DHS-FEMA-HSGP-SHSP-FY23 Page 51 of 53 Grant County Sheriffs Office, E24-122 AMOUNT SUBPROJECT #1 Mobile Operations Command Center (MOCC) Updates and Response Vehicle Supplies -$5.'500.00 SUBPROJECT#2 Training $7,p000,00 SUBPROJECT #3 Search and Rescue Support $11.,500.100 SUBPROJECT #4 EOC Technology/ Equipment $4.,000.00 SUBPROJECT #5 Special Equipment & Training for Special Teams $11'000.00 M&A $1,207.00 SUBTOTAL $40)207.00 INDIRECT $0.00 TOTAL $401267iOO National Priority Area Project(s) AMOUNT PROJECT #1 SHSP: NPAST/CP: Rescue Task Force (Investment 2p Project 2) $18,pO0O.00 PROJECT #2 SHSP: NPA ST/CP: Regional Tactical Team Equipment (investment 2, Project 4) $28,800.00 PROJECT #3 SHSP: NPA CP&R: Regional PublicAlert and Warning System (investment 5,, Project 3) $34..058.00 M&A $0.00 SUBTOTAL $80,858.00 INDIRECT $0.00 TOTAL $8Op858.00 DHS-FEMA-HSGP-SHSP-FY23 Page 51 of 53 Grant County Sheriffs Office, E24-122 HSG.P Performance Period: September 1, 2023 to August 31, 2026 DHS-FEMA-HSGP-SHSP-FY23 Page 52 of 53 Grant County Sheriffs Office, E24-122 Attachment F 23SH P Timeline ,Grant County Sheriff's Office, Emergency Management DATE TASK September 1, 2023 Grant Agreement Start .Date -....---..-Se.-pte-m-ber---I,--2--0.2-3-�-.-.—E-s-t-imat.e.d-date-w.ork-sched-u.ledt-for-one-..or-mo.re-s-u-bpro ------ ject-s/pro*ec-t7s-----.-.---- N LT January 3 1, 2024 Submit proof of completion of Nationwide. Cybersecurity Review (NCSR) - NC-SR. ----------- -- ---- - --- closes February 28, 2024 March 31, 2024 Submit required equipment waiver requests., EHP Screening form(s),. and/or other required forms April 30,2024 Submit Reimbursement Request and Progress Report Jul 31.r 2024 Submit Reimbursement Request and Progress Report .......... October 31, 2024 submit Reimbursement Request and Progress Report January 31, 2025 Submit Reimbursement Request and Progress Report .. . . ...... April 30,2025 Submit Reimbursement Request and Progress Report J u ly .3 lt 2025 Submit Reimbursement Request and Progress Report October 31,-2025 Submit Reimbursement Request and Progress Report January 31, 2026 Grant Agreement End Date March 17,, 2026, Submit Final Reimbursement Request and Closeout Report HSG.P Performance Period: September 1, 2023 to August 31, 2026 DHS-FEMA-HSGP-SHSP-FY23 Page 52 of 53 Grant County Sheriffs Office, E24-122 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 r ited States." Section 70914 of Public Law No. 117-58, §§ 70901-5 . 2. .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 beproduced 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 0 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 I [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 I Title Name and Title of -[Contractor's or Subcontractor's] Authorized Official DHS-FEMA-HSGP-SHSP-FY23 Page 53 of 53 Grant County Sheriffs Office, E24-122 SIGNATURE AUTHORIZATION, FORM WASHINGTON STATE MILITARY DEPARTMENT Camp Murray, Washington 98430-5122 Please read instructions on reverse side before completing this form. NAME OF ORGANIZATION DATE SUBMITTED Grant County Sheriffs Office., Emergency Management if/1,5/2023 PROJECT DESCRIPTION CONTRACT NUMBER WA. St. Military Dept and U.S Department of Homeland Security E24-122 1 AUTHORIZING AUTHORITY SIGNATURE PRINT OR TYPE NAME TITLE/TERM OF OFFICE Joe Kriete Sheriff(2022) G r John McMillan Undersheriff (2022) Josh Sainsbury Chief Deputy 2. AUTHORIZED TO SIGN CONTRACTS/CONTRACT AMENDMENTS SIGNATURE PRINT OR TYPE NAME TITLE Joe riete Sheriff John McMillan Undersheriff Josh Sainsbury Chief Deputy 3. AUTHORIZED TO SIGN REQUESTS FOR REIMBURSEMENT SIGNATURE PRINT OR TYPE NAME TITLE Josh Sainsbury Chief Deputy Mireya Garcia EM Specialist \\NAC-I\VOLI\HOME\KARENB\....\WP\SIGNAUTH Revised 3103 INSTRUCTIONS FOR SIGNATURE AUTHORIZATION FORM This form identifies the persons who have the authority to sign contracts, amendments, and requests for reimbursement. It is required for the management of your contract with the Military Department (MID). Please complete all sections. One copy with original signatures is to be sent to IVID with the signed contract, and the other should be kept with your copy of the contract. When a request for reimbursement is received, the signature is checked to verify that it matches the signature on file. The payment can be delayed if the request is presented without the proper signature, It is important that the signatures in IVID's files are current. Changes in staffing or responsibilities will require a new signature authorization form. 1 Authorizing Authority. Generally, the person(s) signing in this box heads the governing body of the organization, such as the board chair or mayor. In some cases, the chief executive officer may have been delegated this authority, 2. Authorized to Sign Contracts/Contract Amendments. The person(s) with this authority should sign in this space. Usually, it is the county commissioner, mayor, executive director, city clerk, etc. 3. Authorized to Sign Requests for Reimbursement. Often the executive director, city clerk, treasurer, or administrative assistant have this authority. It is advisable 'to have more than one person authorized to sign reimbursement requests. This will help prevent delays in processing a request if one person is temporarily unavailable. .If you have any questions regarding this form or to request new forms, please call your 1111 Program Manager. Washington Military Department Contract Number: Debarment, Suspension, Ineligibility or Voluntary Exclusion Certification Fora NAME Doing business as (DBA) Grant County Sheriffs Office Emergency Management ADDRESS Applicable Procurement WA Uniform Business Federal Employer Tax P.O Box 37 or Solicitation #, if any: Identifier (UBI) Identification Ephrata, WA 98823 136000784 916001319 This certification is submitted as part of a request to contract. Instructions For Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower T1_e_r overed ransacti6iis READ CAREFULLY BEFORE SIGNING THE CERTIFICATION. Federal regulations require contractors and bidders to sign and abide by the terms of this certification, with -out modification in i order der to participate in certain transactions directly or indirectly involving federal funds. 1. By signing and submitting this piroposal, the prospective lower tier Participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide office immediate written notice to the department, institution or 0 1 ce to which this proposal is submitted if at any time the ,prospecti `prospective lower tier particip n 'a -t lea ns that its certification was r, erroneous when submitted or had become erroneous bymason easo' of changed circumstances. 4. Theterms covered transaction., debarred, suspended, ineligible, lower -tier covered transaction, participant, person, primary covered transaction, principal, proposal., and voluntarily excluded, as used in this clause, have the meaning set out in the Definition's and Coverage sections of rules implementing Executive Order 12549. You may contact the person rson to which this is proposal submitted for assistance J n* obtaining a copy po a, i of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered, transaction with a person who is .proposed for debarment under the applicable CFR, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment Under applicable CFR, debarred, suspended, ineligible, or voluntarily excluded from covered transactions, less it knows that the certification i erroneous. A participant may decide the ons, un ws s erron p a method and frequency b principals. Each, participant may, but is not, required y which it determines the eligibility of its p p pa to, check the List of Parties, Excluded from Federal. Procurement and Non -procurement Programs 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to - exceed that which is normally possessed by a prudent person in the ordinary course of business activity, 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with person who is proposed for debarment under applicable CFR, Suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension,, Ineligibility and Voluntary Exclusion --Lower Tier Covered Transactions The prospective I lower tier participant certifies, by submission' of this proposal or contract, that neither it nor its principals is presently debarred suspended, , proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this form. Bidder or Contractor Signature-, Date: Print Name and Title: J tpO,**OS e ff 0' r oe Krie ri Washington Military Department Contract Number: A ZEA -401 -4, 1A (FREQUENTLY ASKED QUESTIONS) What is ".Debarment, Suspension, Ineli-gibility, and Voluntary Exclusions]? These terms refer to the status of a person or company that cannot contract with or receive grants.frorn a federal agency. In order to be debarred, suspended, ineligible, or voluntarily excluded, you must have: had a contract or grant with a federal agency, and gone through some process where the federal agency notified or attempted to notify you that you could not contract with the federal agency. Generally, this process occurs where you, the contractor, are not qualified or are. not adequately performing under a contract, or have violated a regulation or law pertaining to the contract. Why am, I required to sign this certification? You are requesting a contract or .grant with the Washington Military Department. Federal. law (Executive Order 1,2549) requires Washington Military Department ensure that persons or companies anies that contract with Washington Military Department are not prohibited from having federal contracts. What is Executive Order 12549? .Executive Order 1254.9 refers to Federal Executive Order Number 12549. The executive order was signed by the President and directed federal agencies to ensure that federal agencies, and any state or other agency receiving federal funds were not contracting or awarding grants to persons, organizations, or companies who have been excluded from participating in federal contracts or grants. Federal agencies have codified this requirement in their individual agency Code of Federal Regulations (CFRS). What is the purpose of this certification? The purpose of the certification is for you to tell Washington Military Department in writing that you have not been .Prohibited by federal agencies from entering into a federal contract. What does the word "proposal" mean when referred to in this certification? Proposal means a solicited or unsolicited bid, application, request, invitation to consider or similar communication from you to Washington Military Department. What or who is a "lower tier participant"? Lower tier partidipants means a person h or organization that submits a proposal, enters into contracts with, or receives a grant from Washington Military De-Partment, OR any subcontractor of a contra.et with Washington Military Department. If you hire subcontractors, you should requite them to sign a certification and keep it with your subcontract, tract, What is a covered transaction when referred to in this certification? Covered Transaction means a contract, oral or written agreement, grant, or any other arrangement where you contract with or receive money from Washington Military Department. Covered Transaction does not include mandatory entitlements and individual benefits. Sample Debarment, Suspension, Ineligibility, Voluntary Exclusion Contract Provision Debarment Certification. The Contractor certifies that the Contractor is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Contract by any Federal department or agency. If requested by Washington Military Department, the Contractor shall complete y a Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion form. Any such form completed by the Contractor for this Contract shall be incorporated into this Contract by reference. Department: Emergency Management Grantor: Washington State Military Department Grant No. 2023 State Homeland Security Program Grant Date signed: , 2023 GRANT COUNTY BOARD OF COUNTY COMMISSIONERS Rob Jones, Chair Cindy Carter, Vice Chair Danny Stone, Member ATTEST: Barbara J. Vasquez, CMC Clerk of the Board