HomeMy WebLinkAboutFranklin County Emergency Management (FCEM) & The CIty of Pasco - Police Department Contract # E23-092, FFY 2022-or * --,,
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FROM:
FRANKLIN COUNTY
EMERGENCY MANAGEMENT
1011 E. Ainsworth Street 7�
Pasco, WA 99301
(509) 545-3546 Main Line
(509) 545-2139 Fax
Chief Ken Roske, City of Pasco — Police Department
Jordan Hanes — Franklin County Emergency Management
SUBJECT: Professional Services Contract between FCEM & the City of Pasco —
Police Department
Re: Washington State Contract#: E23-092, FFY 2022
DATE: 10/31/2022
Included with this memo you will find the Professional Services Contract between Franklin County
Emergency Management (FCEM) and the City of Pasco - Police Department as well as the following
Exhibits:
Exhibit A: Services Provided by the Parties
Exhibit B: Compensation
Exhibit C: Debarment Certification
Exhibit D: 2 CFR Part 200 Subpart F Audit Certification
Exhibit E: FFATA
Exhibit F: W9-2018
Exhibit G: NIMS, and
Exhibit H: State Contract E23-092
The following will need to be completed and/or signed:
Pages 9 & 18 of the Professional Services Contract,
Exhibit C: Debarment Certification,
Exhibit D: 2 CFR Part 200 Subpart F Audit Certification,
Exhibit E: FFATA,
Exhibit F: W9-2018, and
Exhibit G: NIMS.
Please feel free to contact me at (509) 545-3546 if you have any questions or concerns.
PERSONAL SERVICES CONTRACT
TERMS AND CONDITIONS
THIS CONTRACT is made and entered into by and between FRANKLIN COUNTY
EMERGENCY MANAGEMENT, a political subdivision, with its principal offices at 1011
E. Ainsworth Street, Pasco, WA 99301, hereinafter "FCEM", and City of Pasco — Police
Department, with its principal offices at 215 Sylvester Street, Pasco, Washington
99301, hereinafter "CONTRACTOR".
In consideration of the mutual benefits and covenants contained herein, the parties
agree as follows:
1. CONTRACT DOCUMENTS
This $18,153.00 Contract consists of the following documents:
a.
b.
C.
d.
e.
f.
9.
h.
Exhibit A: Services Provided by the Parties,
Exhibit B: Compensation,
Exhibit C: Debarment Certification,
Exhibit D: 2 CFR Part 200 Subpart F
Exhibit E: FFATA,
Exhibit F: W9-2018,
Exhibit G: NIMS, and
Exhibit H: State Contract E23-092.
2. DURATION OF CONTRACT
Audit Certification,
The term of this Contract shall begin 1 September 2022, and shall terminate 31
January 2025. The CONTRACTOR shall complete all work by the time(s) specified
herein, or if no such time is otherwise specified, no later than the expiration date.
3. SERVICES PROVIDED
The CONTRACTOR shall perform the following services:
a. A detailed description of the services to be performed by the CONTRACTOR is
set forth in Exhibit "A, Scope of Work", which is attached hereto and incorporated
herein by reference.
b. The CONTRACTOR agrees to provide its own labor and materials. Unless
otherwise provided in this Contract, no material, labor, or facilities will be furnished
by FCEM.
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c. The CONTRACTOR shall complete its work in a timely manner and in accordance
with the schedule and requirements agreed to by the parties and stipulated in
Washington State Contract #: E23-092, FFY 2022 Homeland Security Grant
Program, State Homeland Security Program, CFDA #: 97.067 - 22HSGP. One
item needs to be noted: At a minimum, 30% of the 2022 SHSP award must be
spent on law enforcement terrorism prevention -activities.
d. The CONTRACTOR WILL prepare and present status reports semi-annually and
other information that may be pertinent and necessary, or as may be requested by
FCEM. Reimbursements will be held if not completed.
e. The Contractor shall use the funds to perform tasks as described in the Statement
of Work and Budget portions of this contract.
The Contractor shall submit at a maximum -month) and a minimum -quarterly,
signed and approved, invoice vouchers (State Form A-19) and a Reimbursement
Spreadsheet to FCEM for costs incurred.
g. The Contractor agrees that all exercises must comply with the Homeland Security
Exercise Evaluation Program (HSEEP). Upon completion of the exercise, an After
Action Report and an Improvement Plan must be prepared and submitted to the
FEMA portal within 60 days of completion of the exercise. Reimbursements for
exercise related expenditures cannot be made until this requirement has been met.
h. The Contractor agrees that to receive any federal preparedness funding, all
environmental and Historical Protection (EHP) Program compliance requirements
outlined in applicable guidance must be met. The Contractor is advised that all
projects that involve disturbing earth, communication towers, physical security
enhancements, new construction, renovation, and modifications to buildings and
structures that are 50 years old or older require EHP review. All other projects,
including training and exercise activities, must be evaluated to determine impact.
If impact is identified they must also go through an EHP review.
i. The Contractor agrees that to receive any federal preparedness funding, all
National Incident Management System (NIMS) compliance requirements outlined
in applicable guidance must be met.
j. The Contractor agrees that grant funds may not be used to replace or supplant
existing funding.
k. The Contractor agrees to provide a match of $0 of non-federal origin.
I. The Contractor acknowledges that since this contract involves federal funding, the
period of performance described herein will likely begin prior to the availability of
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appropriated federal funds. The Contractor agrees that it will not hold FCEM, the
State of Washington, or the United States liable for any damages, claim for
reimbursement, or any type of payment whatsoever for services performed under
this contract prior to distribution of appropriated federal funds.
m. The Contractor agrees that it will not hold FCEM, the State of Washington, or the
United States liable for any damages, claim for reimbursement or any type of
payment if federal funds are not appropriated or are not appropriated in a particular
amount.
FCEM shall perform the following services:
In order to assist the CONTRACTOR in fulfilling its duties under this Contract,
FCEM shall provide the following:
a. Relevant information as exists to assist the CONTRACTOR with the
performance of the CONTRACTOR'S services.
b. Coordination with other Counties or other Consultants as necessary for the
performance of the CONTRACTOR'S services.
C. Reimbursement for planning, training, and exercise to be vouchered in a
timely manner.
4. CONTRACT REPRESENTATIVES
Each party to this Contract shall have a contract representative. Each party may
change its representative upon providing written notice to the other party. The parties'
representatives are as follows:
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a. For CONTRACTOR: City of Pasco — Police Department
Name of Representative: Ken Roske
Title: Police Chief
Mailing Address: 215 W. Sylvester Street
City, State, and Zip Code: Pasco, WA 99301
Telephone Number: (509) 545-3421
Fax Number: (509) 545-3423
Email Address: roskek@pasco-wa.gov
b. For FCEM: Franklin County Emergency Management
Name of Representative: Sean T. Davis
Title: Director
Mailing Address: 1011 E. Ainsworth Street
City, State, and Zip Code: Pasco, WA 99301
Telephone Number: (509) 545-3546
Fax Number: (509) 545-2139
Email Address: sdavis@franklincountywa.gov
5. COMPENSATION
For the services performed hereunder, the CONTRACTOR shall be paid as
follows:
a. A detailed description of the compensation to be paid by the FCEM is set
forth in Exhibit B, "Compensation", which is attached hereto and
incorporated herein by reference.
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b. The maximum total amount payable by FCEM to the CONTRACTOR under
this Contract shall not exceed $18,'15s.uu including sales tax. The
CONTRACTOR shall be paid by reimbursement through the state A-19
process.
C. No payment shall be made for any work performed by the CONTRACTOR,
except for work identified and set forth in this Contract.
d. The CONTRACTOR may, in accordance with Exhibit "B," submit invoices
to FCEM not less than quarterly and not more than once per month during
the progress of the work for partial payment of work completed to date.
Invoices shall cover the time CONTRACTOR performed work for FCEM
during the billing period. FCEM shall pay the CONTRACTOR for services
rendered in the month following the actual delivery of the work and will remit
payment within thirty (30) days from the date of billing.
e. The CONTRACTOR shall not be paid for services rendered under this
Contract unless and until they have been performed in compliance with the
state contract.
In the event the CONTRACTOR has failed to perform any substantial
obligation to be performed by the CONTRACTOR under this Contract and
such failure has not been cured within ten (10) days following notice from
FCEM, then FCEM may, in its sole discretion, upon written notice to the
CONTRACTOR, withhold any and all monies due and payable to the
CONTRACTOR, without penalty, until such failure to perform is cured or
otherwise adjudicated. "Substantial' for purposes of this contract means
faithfully fulfilling the terms of this contract with variances only for technical
or minor omissions or defects.
g. Unless otherwise provided in this Contract or any exhibits or attachments
hereto, the CONTRACTOR will not be paid for any billings or invoices
presented for services rendered prior to the execution of this Contract or
after its termination.
6. AMENDMENTS AND CHANGES IN WORK
a. In the event of any errors or omissions by the CONTRACTOR in the
performance of any work required under this Contract, the CONTRACTOR
shall make any and all necessary corrections without additional
compensation. All work submitted by the CONTRACTOR shall be certified
by the CONTRACTOR and checked for errors and omissions. The
CONTRACTOR shall be responsible for the accuracy of the work, even if
the work is accepted by FCEM.
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b. No amendment or modification shall be made to this Contract, unless set
forth in a written Contract Amendment signed by both parties' authorized
representatives and attached to this contract. Work under a Contract
Amendment shall not proceed until the Contract Amendment is duly
executed by the FCEM.
7. HOLD HARMLESS AND INDEMNIFICATION
a. The CONTRACTOR shall hold harmless, indemnify and defend the FCEM,
its officers, officials, employees and agents, from and against any and all
claims, actions, suits, liability, loss, expenses, damages, and judgments of
any nature whatsoever, including reasonable costs and attorneys' fees in
defense thereof, for injury, sickness, disability or death to persons or
damage to property or business, caused by or arising out of the
CONTRACTOR'S acts, errors or omissions in the performance of this
Contract. PROVIDED, that the CONTRACTOR'S obligation hereunder
shall not extend to injury, sickness, death or damage caused by or arising
out of the sole negligence of the FCEM, its officers, officials, employees or
agents.
b. In any and all claims against the FCEM, its officers, officials, employees and
agents by any employee of the CONTRACTOR, subcontractor, anyone
directly or indirectly employed by any of them, or anyone for whose acts any
of them may be liable, the indemnification obligation under this Section shall
not be limited in any way by any limitation on the amount or type of
damages, compensation, or benefits payable by or for the CONTRACTOR
or subcontractor under Workers Compensation acts, disability benefit acts,
or other employee benefit acts, it being clearly agreed and understood by
the parties hereto that the CONTRACTOR expressly waives any immunity
the CONTRACTOR might have had under such laws, including but not
limited to Title 51 of the Revised Code of Washington. By executing this
Contract, the CONTRACTOR acknowledges that the foregoing waiver
has been mutually negotiated by the parties and that the provisions of
this Section shall be incorporated, as relevant, into any contract the
CONTRACTOR makes with any subcontractor or agent performing
work hereunder. CONTRACTOR'S obligations under this Section [7]
shall survive termination and expiration of this Contract.
C. The CONTRACTOR'S obligations hereunder shall include, but are not
limited to, investigating, adjusting and defending all claims alleging loss
from action, error or omission, or breach of any common law, statutory or
other delegated duty by the CONTRACTOR, the CONTRACTOR'S
employees, agents or subcontractors.
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8. INSURANCE
a. Professional Legal Liability: Prior to the start of work under this Contract,
the CONTRACTOR, if he, she or it is a licensed professional, shall maintain
Professional Legal Liability or Professional Errors and Omissions coverage
appropriate to the CONTRACTOR'S profession and shall be written subject
to limits of not less than one million dollars ($1,000,000) per occurrence,
loss or person. If the policy contains a general aggregate or policy limit it
shall be at least two times the incident, loss or person limit.
The coverage shall apply to liability for a professional error, act or omission
arising out of the scope of the CONTRACTOR'S services defined in this
Contract. Coverage shall not exclude bodily injury or property damage.
Coverage shall not exclude hazards related to the work rendered as part of
the Contract or within the scope of the CONTRACTOR'S services as
defined by this Contract including testing, monitoring, measuring
operations, or laboratory analysis where such services are rendered as part
of the Contract. The policy shall state that coverage is claims made, and
state the retroactive date. CONTRACTOR is also required to buy claims
made professional liability insurance for a period of 36 months after
completion of this Contract, which can be satisfied by the continuous
purchase of the above referenced insurance or an extended reporting
period policy. CONTRACTOR shall annually provide FCEM with proof of
all such insurance.
b. Workers Compensation: CONTRACTOR shall comply with all State of
Washington workers compensation statutes and regulations. Prior to the
start of work under this Contract, workers compensation coverage shall be
provided for all employees of CONTRACTOR and employees of any
subcontractor or sub -subcontractor. Coverage shall include bodily injury
(including death) by accident or disease, which arises out of or in connection
with the performance of this Contract. Except as prohibited by law,
CONTRACTOR waives all rights of subrogation against FCEM for recovery
of damages to the extent they are covered by workers compensation,
employers liability, commercial liability or commercial umbrella liability
insurance.
If CONTRACTOR, subcontractor, or sub -subcontractor fails to comply with
all State of Washington workers compensation statutes and regulations and
FCEM incurs fines or is required by law to provide benefits to or obtain
coverage for such employees, CONTRACTOR shall indemnify FCEM
Indemnity shall include all fines, payment of benefits to CONTRACTOR or
subcontractor employees, or their heirs or legal representatives, and the
cost of effecting coverage on behalf of such employees. Any amount owed
to FCEM by CONTRACTOR pursuant to the indemnity agreement may be
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deducted from any payments owed by FCEM to CONTRACTOR for
performance of this Contract.
Certain work or services under this Contract may require insurance
coverage for long shore or harbor workers other than seaman as provided
in the Long Shore and Harbor Workers Compensation Act [33 U.S.C.A.
Section 901 et seq.]. Failure to obtain coverage in the amount required by
law may result in civil and criminal liabilities. CONTRACTOR is fully
responsible for ascertaining if such insurance is required and shall maintain
insurance in compliance with that Act. CONTRACTOR is responsible for
all civil and criminal liability that may arise from the failure to maintain such
coverage.
Certain work or services under this Contract may require insurance
coverage for seamen injured during employment resulting from the
negligence of the owner, master or fellow crew members as provided in 46
U.S.C.A. Section 688. Failure to obtain coverage in the amount required by
law may result in civil and criminal liabilities. CONTRACTOR is fully
responsible for ascertaining if such insurance is required and shall maintain
insurance in compliance with that Act. CONTRACTOR is responsible for
all civil and criminal liability that may arise from the failure to maintain
coverage.
C. Commercial General Liability and Employers Liability Insurance: Prior
to the start of work under this Contract, CONTRACTOR shall maintain
commercial general liability coverage (policy form CG0001 or equivalent)
for wrongful death, bodily injury, personal injury and property damage,
subject to limits of not less than one million dollars ($1,000,000) per
occurrence. The general aggregate limit shall apply separately to this
Contract and be no less than two million dollars ($2,000,000).
The general commercial liability policy will contain an endorsement naming
FCEM, its officials, officers, employees and agents as an additional insured
(CG2010) and an endorsement that specifically states that
CONTRACTOR's general liability policy shall be primary, and not
contributory, with any other insurance maintained by FCEM.
The CONTRACTOR will provide commercial general liability coverage that
does not exclude any activity to be performed in fulfillment of this Contract
and does not exclude liability pursuant to the indemnification requirement
under Section [7]. Specialized forms specific to the industry of the
CONTRACTOR will be deemed equivalent; provided, coverage will be no
more restrictive than would be provided under a standard commercial
general liability policy and will include contractual liability coverage.
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If CONTRACTOR has any employees, CONTRACTOR also shall maintain
employers liability insurance with limits of not less than one million dollars
($1,000,000) each incident for bodily injury by accident or one million dollars
($1,000,000) each employee for bodily injury by disease.
d. Automobile Liability: [This section requires either the 1St or 2nd blank
be checked by FCEM if CONTRACTOR'S services involve the use of
vehicles by CONTRACTOR or the transportation of FCEM employees
or third parties].
The CONTRACTOR shall maintain automobile liability insurance as follows:
The CONTRACTOR shall maintain Business Automobile Liability
Insurance with a limit of not less than One Million Dollars ($1,000,000.00)
each accident combined Bodily Injury and Property Damages. Coverage
shall include owned, hired, and non -owned automobiles.
•o
The CONTRACTOR shall maintain Automobile Liability Insurance or
equivalent form with a limit of not less than One Hundred Thousand Dollars
($100,000.00) each accident combined Bodily Injury and Property Damage.
The aggregate limit shall be at least Three Hundred Thousand Dollars
($300,000.00). If a personal lines Automobile Liability policy is used to meet
this requirement, it must include a business rider and must cover each
vehicle to be used in the performance of this Contract and the certificates
of insurance must evidence these conditions have been met. If the
CONTRACTOR will use non -owned vehicles in performance of this
Contract, the coverage shall include owned, hired and non -owned
automobiles.
•O
Not Applicable.
e. Other Insurance Provisions:
(1) The CONTRACTOR'S liability insurance provisions shall be primary
with respect to any insurance or self-insurance programs covering
FCEM, its elected and appointed officers, officials, employees and
agents.
(2) The CONTRACTOR'S liability insurance policies shall contain no
special limitations on the scope of protection afforded to FCEM, its
officials, officers, employees or agents as an additional insured.
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(3) Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to FCEM, its officers, officials,
employees or agents.
(4) The CONTRACTOR'S insurance shall apply separately to each
insured against whom claim is made or suit is brought, except with
respect to the limits of the insurer's liability.
(5) The CONTRACTOR shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and
endorsements for each subcontractor. All coverage for
subcontractors shall be subject to all of the requirements stated
herein.
(6) The insurance limits mandated for any insurance coverage required
by this Contract are not intended to be an indication of exposure nor
are they limitations on indemnification.
(7) The CONTRACTOR shall maintain all required policies in force from
the time services commence until services are completed.
Certificates, policies, and endorsements expiring before completion
of services shall be promptly replaced. All liability insurance required
under this Contract, except for professional liability under Section
[8(a)], shall be written on an Occurrence Policy form. Professional
liability insurance on a Claims Made form shall have a retroactive
date prior to or coincident with the effective date of this Contract.
Verification of Coverage and Acceptability of Insurers: All insurance
required under this Contract shall be issued by companies admitted to do
business within the State of Washington and have a rating of A-, Class VII
or better in the most recently published edition of Best's Reports. Any
exception to this requirement must be reviewed and approved in writing by
FCEM's Risk Manager. If an insurer is not admitted to do business within
Washington State, all insurance policies and procedures for issuing the
insurance policy must comply with Chapter 48.15 RCW and 284-15 WAC.
(1) The CONTRACTOR shall furnish FCEM with properly executed and
unaltered Acord form certificates of insurance and, if requested, a
signed policy endorsement(s) which shall clearly evidence all
required insurance prior to commencing work under this Contract.
The certificates will, at a minimum, list limits of liability and coverage.
For any professional liability insurance, the CONTRACTOR agrees
that the insurance contract will not be canceled or allowed to expire
except on twenty-eight (28) days prior written notice to FCEM by the
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CONTRACTOR. For other insurance policies, CONTRACTOR shall
not cancel or allow the insurance contract to expire except on forty-
five (45) days prior written notice to FCEM. CONTRACTOR shall
also instruct the insurer to give FCEM forty-five (45) days advanced
written notice of any cancellation by the insurer. The certificate or
endorsement shall not limit or negate the insurer's obligation as
required by law to notify FCEM as an additional insured of
cancellation.
(2) The CONTRACTOR shall furnish FCEM with evidence that the
additional insured provision required above has been met.
Acceptable forms of evidence are the endorsement pages of the
policy showing FCEM, its officials, officers, employees, or agents as
an additional insured.
(3) Certificates of insurance shall show the certificate holder as "FCEM"
and include 'Vo" FCEM'S Contract Representative. The address of
the certificate holder shall be shown as the current address of the
FCEM'S Contract Representative.
(4) If the CONTRACTOR or any subcontractor or sub -subcontractor has
any employees, CONTRACTOR shall request the Washington State
Department of Labor and Industries, Workers Compensation
Representative, to send written verification to FCEM that
CONTRACTOR is currently paying workers compensation.
(5) All written notices under this Section [8] and notice of cancellation or
change of required insurance coverages shall be mailed to the FCEM
at the following address:
Franklin County Emergency Management
Attn: Risk Manager
1011 E. Ainsworth Street
Pasco, Washington 99301
(6) The CONTRACTOR or its broker shall immediately provide a copy
of any and all insurance policies specified in this Contract upon
request of FCEM's Risk Manager.
(7) If CONTRACTOR is self-insured for worker's compensation
coverage, evidence of its status as a self-insured entity shall be
provided to FCEM. If requested by FCEM, CONTRACTOR must
describe its financial condition and the self-insured funding
mechanism.
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9. TERMINATION
a. FCEM may terminate this Contract in whole or in part whenever the FCEM
determines, in its sole discretion, that such termination is in the best
interests of FCEM. FCEM may terminate this Contract upon giving ten (10)
days written notice by certified mail to the CONTRACTOR. In that event,
FCEM shall pay the CONTRACTOR for all costs incurred by the
CONTRACTOR in performing the Contract up to the date of such notice.
Payment shall be made in accordance with the Compensation Section of
this Contract.
b. In the event that funding for this project is withdrawn, reduced or limited in
any way after the effective date of this Contract, FCEM may summarily
terminate this Contract notwithstanding any other termination provision in
this Contract. Termination under this paragraph shall be effective upon the
date specified in the written notice of termination sent by FCEM to the
CONTRACTOR. After the effective date, no charges incurred under this
Contract shall be allowed.
C. If the CONTRACTOR breaches any of its obligations hereunder, and fails
to cure the breach within ten (10) days of written notice to do so by FCEM,
the FCEM may immediately terminate this Contract by so notifying the
CONTRACTOR, in which case FCEM shall pay the CONTRACTOR only for
the costs of services accepted by FCEM, in accordance with the
Compensation Section of this Contract. Upon such termination, the FCEM,
at its discretion, may obtain performance of the work elsewhere, and the
CONTRACTOR shall bear all costs and expenses incurred by FCEM in
completing the work and all damage sustained by FCEM by reason of the
CONTRACTOR'S breach.
d. The CONTRACTOR will have all termination rights as FCEM and stated
above in Section 9. (a -c).
10. ASSIGNMENT DELEGATION AND SUBCONTRACTING
a. The CONTRACTOR shall perform the terms of this Contract using only its
bona fide employees or agents, and the obligations and duties of the
CONTRACTOR under this Contract shall not be assigned, delegated, or
subcontracted to any other person or firm without the prior express written
consent of FCEM's authorized representatives.
b. The CONTRACTOR warrants that it has not paid nor has it agreed to pay
any company, person, partnership, or firm, other than a bona fide employee
working exclusively for CONTRACTOR, any fee, commission, percentage,
brokerage fee, gift, or other consideration contingent upon or resulting from
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the award or making of this Contract.
11. NON -WAIVER OF RIGHTS
The parties agree that the excuse or forgiveness of performance, or waiver of any
provision(s) of this Contract does not constitute a waiver of such provision(s) or future
performance, or prejudice the right of the waiving party to enforce any of the provisions
of this Contract at a later time. All waivers of any provision(s) of this Contract shall be in
writing and signed by the waiving party's authorized representatives, and in the absence
of such, no action or inaction shall be construed to be such a waiver.
12. INDEPENDENT CONTRACTOR
a. The CONTRACTOR'S services shall be furnished by the CONTRACTOR
as an independent contractor and not as an agent, employee or servant of
FCEM. The CONTRACTOR specifically has the right to direct and control
CONTRACTOR'S own activities in providing the agreed services in
accordance with the specifications set out in this Contract.
b. The CONTRACTOR acknowledges that the entire compensation for this
Contract is set forth in Section [5] of this Contract, and neither the
CONTRACTOR nor its employees are entitled to any FCEM benefits,
including, but not limited to: vacation pay, holiday pay, sick leave pay,
medical, dental, or other insurance benefits, fringe benefits, or any other
rights or privileges afforded to FCEM's employees.
C. The CONTRACTOR shall have and maintain complete responsibility and
control over all of its subcontractors, employees, agents, and
representatives. No subcontractor, employee, agent, or representative of
the CONTRACTOR shall be or deem to be or act or purport to act as an
employee, agent, or representative of FCEM.
d. CONTRACTOR shall pay for all taxes, fees, licenses, or payments required
by federal, state or local law which are now or may be enacted during the
term of this Contract.
e. The CONTRACTOR agrees to immediately remove any of its employees or
agents from their assignment to perform services under this Contract upon
receipt of a written request to do so from FCEM's contract representative or
designee.
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13. COMPLIANCE WITH LAWS
The CONTRACTOR shall comply with all applicable federal, state and local laws,
rules and regulations in performing this Contract including requirements stipulated in
contract E19-090 (Attachment H).
14. INSPECTION OF BOOKS AND RECORDS
FCEM may, at reasonable times, inspect the books and records of the
CONTRACTOR relating to the performance of this Contract. The CONTRACTOR shall
keep all records required by this Contract for six (6) years after termination of this Contract
for audit purposes.
15. NONDISCRIMINATION
The CONTRACTOR, its assignees, delegates, or subcontractors shall not
discriminate against any person in the performance of any of its obligations hereunder on
the basis of age, sex, marital status, sexual orientation, race, creed, religion, color,
national origin, honorably discharged veteran or military status, disability, or any other
protected status.
16. OWNERSHIP OF MATERIALS/WORKS PRODUCED
a. All reports, drawings, plans, specifications, all forms of electronic media,
and data and documents produced in the performance of the work under
this Contract shall be "works for hire" as defined by the U.S. Copyright Act
of 1976 and shall be owned by FCEM. Ownership includes the right to
copyright, patent, register, and the ability to transfer these rights. FCEM
agrees that if it uses any materials prepared by the CONTRACTOR for
purposes other than those intended by this Contract, it does so at its sole
risk and it agrees to hold the CONTRACTOR harmless therefrom to the
extent such use is not agreed to in writing by the CONTRACTOR.
b. [For Design/Construction Contracts: All design work done by the
CONTRACTOR shall be done on AutoCAD, release 12 or higher or
other systems mutually agreed upon, an electronic copy of which shall
be submitted to FCEM upon request and/or at the end of the job.
Should a construction project result from the work of the
CONTRACTOR, the record drawings from the CONTRACTOR shall be
transposed onto the electronic design drawings and submitted to
FCEM.]
C. An electronic copy of all word processing documents shall be immediately
submitted to FCEM upon request or at the end of the job using the word
processing program and version specified by the FCEM.
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17. PATENT/COPYRIGHT INFRINGEMENT
The CONTRACTOR shall hold harmless, indemnify and defend FCEM, its officials,
officers, employees and agents, from and against any claimed action, cause or demand
brought against the FCEM, its officials, officers, employees and agents where such action
is based on the claim that information supplied by the CONTRACTOR or subcontractor
infringes any patent or copyright. The CONTRACTOR shall be notified promptly in writing
by FCEM of any notice of such claim.
18. DISPUTES
Disputes between the CONTRACTOR and FCEM, arising under and by virtue of
this Contract, shall be brought to the attention of FCEM at the earliest possible time in
order that such matters may be settled or other appropriate action promptly taken. Any
dispute relating to the quality or acceptability of performance and/or compensation due
the CONTRACTOR shall be decided by FCEM'S Contract Representative or designee.
All rulings, orders; instructions and decisions of FCEM'S Contract Representative shall
be final and conclusive, subject to CONTRACTOR'S right to seek judicial relief.
19. CONFIDENTIALITY
The CONTRACTOR, its employees, subcontractors, and their employees shall
maintain the confidentiality of all information provided by FCEM or acquired by FCEM in
performance of this Contract, except upon the prior written consent of FCEM's authorized
representatives or an order entered by a court of competent jurisdiction. The
CONTRACTOR shall promptly give the FCEM written notice of any judicial proceeding
seeking disclosure of such information.
20. CHOICE OF LAW JURISDICTION AND VENUE
a. This Contract has been and shall be construed as having been made and
delivered within the State of Washington, and it is agreed by each party
hereto that this Contract shall be governed by the laws of the State of
Washington, both as to its interpretation and performance.
b. Any action at law, suit in equity, or judicial proceeding arising out of this
Contract shall be instituted and maintained only in any of the courts of
competent jurisdiction in Franklin County, Washington.
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21. SUCCESSORS AND ASSIGNS
FCEM, to the extent permitted by law, and the CONTRACTOR each bind
themselves, their partners, successors, executors, administrators, and assigns to the
other party to this Contract and to the partners, successors, administrators, and assigns
of such other party in respect to all covenants to this Contract.
22. SEVERABILITY
a. If a court of competent jurisdiction holds any part, term or provision of this
Contract to be illegal, or invalid in whole or in part, the validity of the
remaining provisions shall not be affected, and the parties' rights and
obligations shall be construed and enforced as if this Contract did not
contain the particular provision held to be invalid.
b. If it should appear that any provision of this Contract is in conflict with any
statutory provision of the State of Washington, said provision which may
conflict therewith shall be deemed inoperative and null and void insofar as
it may be in conflict therewith, and shall be deemed modified to conform to
such statutory provision.
23. ENTIRE AGREEMENT
The parties agree that this Contract is the complete expression of its terms and
conditions. Any oral or written representations or understandings not incorporated in this
Contract are specifically excluded.
24. NOTICES
Any notices shall be effective if personally served upon the other party or if mailed
by registered or certified mail, return receipt requested, to the addresses set out in the
Contract Representatives Section of this Contract. Notice may also be given by facsimile
with the original to follow by regular mail. Notice shall be deemed to be given three days
following the date of mailing or immediately, if personally served. For service by facsimile,
service shall be effective at the beginning of the next working day.
25. SURVIVABILITY
All Contract terms, which by their context are clearly intended to survive the
termination and/or expiration of this Contract, shall so survive. These terms include, but
are not limited to, indemnification provisions (Sections [7] and [17]); extended reporting
period requirements for professional liability insurance (Section [8(a)]); inspection and
keeping of records and books (Section [14]); litigation hold notice (Section [26]); Public
Records Act (Section [27]) and confidentiality (Section [19]).
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26. LITIGATION HOLD NOTICE
In the event FCEM learns of circumstances leading to an increased likelihood of
litigation regarding any matter where the records kept by CONTRACTOR pursuant to
Section [14] of this contract may be of evidentiary value, FCEM may issue written notice
to CONTRACTOR of such circumstances and direct the CONTRACTOR to "hold" such
records. In the event that CONTRACTOR receives such written notice, CONTRACTOR
shall abide by all directions therein whether or not such written notice is received at a time
when a Contract between CONTRACTOR and FCEM is in force. Such directions will
include, but will not be limited to, instructions to suspend the six (6) year purge schedule
as set out above in Section [14].
27. PUBLIC RECORDS ACT
CONTRACTOR hereby acknowledges that FCEM is a governmental entity and as
such is subject to the requirements of the Public Records Act, RCW 42.56 et seq.
Accordingly, CONTRACTOR understands that to the extent a proper request is made,
FCEM may be required by virtue of that Act to disclose any records actually in its
possession or deemed by judicial determination to be in its possession, which may
include records provided to FCEM by CONTRACTOR that CONTRACTOR might regard
as confidential or proprietary. To the extent that CONTRACTOR provides any records to
FCEM that it regards as confidential or proprietary, it agrees to conspicuously mark the
records as such. CONTRACTOR also hereby waives any and all claims or causes of
action for any injury it may suffer by virtue of FCEM'S release of records covered under
the Public Records Act. FCEM agrees to take all reasonable steps to notify
CONTRACTOR in a timely fashion of any request made under the Public Records Act
which will require disclosure of any records marked by CONTRACTOR as confidential or
proprietary, so that CONTRACTOR may seek a judicial order of protection if necessary.
28. ACKNOWLEDGMENT
CONTRACTOR acknowledges that the FCEM, its facilities, and its offices therein,
contain records and information that is confidential or privileged by operation of law. As
a result, the CONTRACTOR acknowledges and agrees that in the course of performing
this Contract its employees or agents shall at all times refrain from engaging in any
activities that would expose them to, or others to, such confidential or privileged
information.
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The parties to this Contract have executed this Contract to take effect as of the
date written below.
CONTRACTOR:
Agency:
Signature
Agency:
Signature
%..fILY VI rQ - r Vll%,U "U QI 111161 I1
Ken Roske, Police Department Chief Date
Franklin Count EmergencyEme[gency Management
Sean Davis, Director
Form of Contract pre -approved March
2014 by the Deputy Prosecuting Attorney
Deputy Prosecuting Attorney, Franklin
County 11/13/15
Date
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Exhibit "A"
PROFESSIONAL SERVICES CONTRACT
FRANKLIN COUNTY EMERGENCY MANAGEMENT / CITY OF PASCO — Police
Department
SERVICES PROVIDED BY THE PARTIES
1. The services to be performed by the CONTRACTOR under this Contract,
which are described in Section 3 of the Contract (SERVICES PROVIDED BY THE
CONTRACTOR), are set forth as follows:
a. Equipment: The contractor shall pay for activities associated with the
acquisition of equipment/contractors/consultants for approved projects
from the State Committee on Homeland Security and ODP.
Reimbursable expenses shall not include management and administrative
activities to include: acquisition of office equipment, non -planning
homeland security personnel (budget, finance, and administrative
assistance), incidental costs, pooled costs, indirect costs, and audit cost,
etc.
No Equipment funds can be expended until the State Committee on
Homeland Security and ODP approval has been received and a hard copy
of the Equipment Request Form has been received by FCEM. Each of
your vendors will need to sign a copy of the attached debarment form.
All requirements and stipulations in contract E23-092 will be followed by
the CONTRACTOR
CONTRACT NUMBER: E23-092 (SHSP 22) Page 1 of 1
Exhibit "B"
PROFESSIONAL SERVICES CONTRACT
FRANKLIN COUNTY EMERGENCY MANAGEMENT / CITY OF PASCO — Police Department
COMPENSATION
1. The CONTRACTOR'S compensation under this Contract, which is
described in Section 5 of this Contract (COMPENSATION), is set forth as follows:
a. $18,153.00 for Equipment - Pasco Police digital Evidence Processing
Total Contractual Amount: $18,153.00
CONTRACT NUMBER: E23-092 (SHSP '22) Page 1 of 1
Washington Military Department Contract Number: E23-092
Debarment, Suspension, Ineligibility or Voluntary Exclusion Certification Form
NAME
Doing business as (DBA)
City of Pasco
ADDRESS
Applicable Procurement
WA Uniform Business
Federal Employer Tax
525 N. Third Ave.
or Solicitation #, if any:
Identifier (UBI)
Identification #:
Pasco, WA 99301
91-6001264
This certification is submitted as part of a request to contract.
Instructions For Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower
Tier Covered Transactions
READ CAREFULLY BEFORE SIGNING THE CERTIFICATION. Federal regulations require contractors and bidders to sign and
abide by the terms of this certification, without modification, in order to participate in certain transactions directly or
indirectly involving federal funds.
1. By signing and submitting this proposal, 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 immediate written notice to the department, institution or office to
which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was
erroneous when submitted or had become erroneous by reason of changed circumstances.
4. The terms 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 Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the
person to which this proposal is submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered
transaction be entered into, 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, unless it knows that the certification is erroneous. A participant may decide the
method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required
to, check the List of Parties Excluded from Federal Procurement and Non -procurement Programs.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to
render in good faith the certification required by this clause. The knowledge and information of a 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 a person who is proposed for debarment under applicable
CFR, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other
remedies available to the Federal Government, the department or agency with which this transaction originated may
pursue available remedies, including suspension and/or debarment.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier
Covered Transactions
The prospective 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 tements in this certification, such prospective participant shall
attach an explanation to this form.
Bidder or Contractor Signature: Date:/ 2 N,
Print Name and Title: Ken Roske - Chief - City of Pasco Police Dept
Washington Military Department Contract Number: E23-092
FEDERAL DEBARMENT, SUSPENSION
INELIGIBILITY and VOLUNTARY EXCLUSION
(FREQUENTLY ASKED QUESTIONS)
What is "Debarment, Suspension, Ineligibility, and Voluntary Exclusion"?
These terms refer to the status of a person or company that cannot contract with or receive grants from a federal agency.
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 12549)
requires Washington Military Department ensure that persons or companies that contract with Washington Military
Department are not prohibited from having federal contracts.
What is Executive Order 12549?
Executive Order 12549 refers to Federal Executive Order Number 12549. The executive order was signed by the
President and directed federal agencies to ensure that federal agencies, and any state or other agency receiving federal
funds were not contracting or awarding grants to persons, organizations, or companies who have been excluded from
participating in federal contracts or grants. Federal agencies have codified this 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 participants means a person or organization that submits a proposal, enters into contracts with, or receives a
grant from Washington Military Department, OR any subcontractor of a contract with Washington Military Department. If
you hire subcontractors, you should require them to sign a certification and keep it with your subcontract.
What is a covered transaction when referred to in this certification?
Covered Transaction means a contract, oral or written agreement, grant, or any other arrangement where you contract
with or receive money from Washington Military Department. Covered Transaction does not include mandatory
entitlements and individual benefits.
Sample Debarment, Suspension, Ineligibility, Voluntary Exclusion Contract Provision
Debarment Certification. The Contractor certifies that the Contractor is not presently debarred, suspended,
proposed for debarment, declared 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
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.
2 CFR Part 200 Subpart F Audit Certification Form
Audits of States, Local Governments, Indian Tribes, and Non -Profit Organizations
Contact Information
subrecipient Name (Agency, Local Government, or Organization): City of Pasco
Authorized Chief Financial Officer (central accounting office): Lauren Whitworth
Address: 525 N. Third Ave., Pasco, WA 99301
Email: whitworthl@pasco-wa.gov Phone #: 509-545-3437
Purpose: As a pass-through entity of federal grant funds, the Washington Military Department/Emergency Management Division (Department)
is required by 2 CFR Part 200 Subpart F to monitor activities of subrecipients to ensure federal awards are used for authorized purposes and
verify that subrecipients expending $750,000 or more in federal awards during their fiscal year have met the 2 CFR Part 200 Subpart F Audit
Requirements. Your entity is a subrecipient subject to such monitoring by MIL/EMD because it is a non-federal entity that expends federal grant
funds received from the Department as a pass-through entity to carry out a federal program. 2 CFR Part 200 Subpart F should be consulted
when completing this form.
Directions: As required by 2 CFR Part 200 Subpart F, non-federal entities that expend $750,000 in federal awards in a fiscal year shall have
a single or program -specific audit conducted for that year. If your entity is not subject to these requirements, you must complete Section A of
this Form. If your entity is subject to these requirements, you must complete Section B of this form. When completed, you must sign, date,
and return this form with your grant agreement and every fiscal year thereafter until the grant agreement is closed. Failure to return this
completed Audit Certification Form may result in delay of grant agreement processing, withholding of federal awards or disallowance of costs,
and suspension or termination of federal awards.
SECTION A: Entities NOT sub'ect to the audit requirements of 2 CFR Part 200 Subpart F
Our entity is not subject to the requirements of 2 CFR Part 200 Subpart F because (check all that apply):
❑ We did not expend $750,000 or more of total federal awards during the fiscal year.
❑ We are a for-profit agency.
❑ We are exempt for other reasons (describe):
However, by signing below, I agree that we are still subject to the audit requirements, laws and regulations governing the program(s) in
which we participate, that we are required to maintain records of federal funding and to provide access to such records by federal and state
agencies and their designees, and that WMD/EMD may request and be provided access to additional information and/or documentation to
ensure proper stewardship of federal funds.
SECTION B: Entities that ARE subiect to the audit requirements of 2 CFR Part 200 Subpart F
(Complete the information below and check the appropriate box
F0 We completed our last 2 CFR Part 200 Subpart F Audit on [enter date] 12/31/2019 for Fiscal Year ending [enter date] 2019 There
were no findings related to federal awards from WMD/EMD. No follow-up action is required by WMD/EMD as the pass-through entity.
A complete copy of the audit report, which includes exceptions, corrective action plan and management response, is
either provided electronically to contracts.office(a)mil.wa.gov or provide the state auditor report number:
Report Ref #: 1027509
❑ We completed our last 2 CFR Part 200 Subpart F Audit on [enter date] for Fiscal Year ending [enter date] There
were findings related to federal awards.
A complete copy of the audit report, which includes exceptions, corrective action plan and management response, is either
provided electronically to contracts.officeCd)mil.wa.gov or provide the state auditor report number:
❑ Our completed 2 CFR Part 200 Subpart F Audit will be available on [enter date] for Fiscal Year ending
[enter date]. We will provide electronic copy of the audit report to contracts.office(&mil.wa.slov at that time or
provide the state auditor report number:
I hereby certify that I am an individual authorized by the above identified entity to complete this form. Further, I certify that the
above information is true and correct and all relevant material findings contained in audit report/statement have been disclosed.
Additionally, I understand this Form is to be submitted every fiscal year for which this entity is a subrecipient of federal award
funds from the Department until the grant agreement is closed.
Signature of Authorized Chief Financial Offi er: Date: 12/16/2022
Print Name & Title: Lauren Whitworth, Executive AdministrativeAssisant
WMD Form 1009-13, 8/19/2013, Updated 9/9/2015
CONTACT INFORMATION
Subrecipient Name (Agency, Local Government, or Organization): City of Pasco
Subrecipient Unique Entity Identifier (UEI) Number: 91-6001264
Authorized Financial Representative (Name and Title): Lauren Whitworth, Executive Admin Assistant
Address: 525 N. 3rd Ave Pasco, WA 99301
Email: whitworthl@pasco-wa.gov Phone Number: 509-545-3437
Directions: As required by 2 CFR Part 200 Subpart F, non-federal entities that expend $750,000 in federal awards in
a fiscal year shall have a single or program -specific audit conducted for that year.
• If your entity is not subject to these requirements, you must complete Section A of this Form.
• If your entity is subject to these requirements, you must complete Section B of this form.
All subrecipients must complete the Federal Funding Accountability and Transparency Act (FFAT ) related
questions in Section C of this Form.
Failure to return this completed Form to contracts.office mil.wa. ov may result in delay of grant agreement
processing, withholding of federal awards or disallowance of costs, and suspension or termination of federal
awards.
SECTION A: Entities NOT subject to the audit requirements of 2 CFR Part 200 Subpart F
(check all that apply)
❑ We did not expend $750,000 or more of total federal awards during the preceding fiscal year.
❑ We are a for-profit organization.
❑ We are exempt for other reasons (describe):
However, by signing below, I agree that we are still subject to the audit requirements, laws, and regulations
governing the program(s) in which we participate; that we are required to maintain records of federal
funding and to provide access to such records by federal and state agencies and their designees; and that
WMD may request and be provided access to additional information and/or documentation to ensure
proper stewardship of federal funds.
SECTION 8: Entities that ARE subject to the audit requirements of 2 CFR Part 200 Subpart F
(Check the appropriate box and complete the information below)
® We completed our last 2 CFR Part 200 Subpart F Audit on [12/31/2019] for fiscal year [2019]. There
were no findings related to federal awards or internal controls.
❑ We completed our last 2 CFR Part 200 Subpart F Audit on [enter date] for fiscal year [enter date] and
there were findings related to federal awards and/or internal controls.
❑ Our completed 2 CFR Part 200 Subpart F Audit will be available on [enter date] for fiscal year [enter
date].
Provide a complete copy of the audit report electronically to contracts.office@mil.wa.,gov or provide the
state audit number [Report Ref #:1027509].
Updated 2/11/2020
Page 1 of 2
SECTION C. Federal Funding Accountability and Transparency Act (check the corresponding answer)
In your preceding fiscal year, did your organization receive 80% or more of its gross revenues from federal
funding? ❑ Yes ® No
In your preceding fiscal year, did your organization receive $25,000,000 or more in federal funding?
❑ Yes ® No
If you answered yes to the previous questions, WMD Contracts staff will request additional information to
comply with FFATA reporting.
I hereby certify that I am an individual authorized by the above identified entity (subrecipient) to complete this
form. Further, I certify that the above information is true and correct, and all material findings contained in the
audit report/statement have been disclosed. Additionally, I understand this form is to be submitted every fiscal
year for which this entity is a subrecipient of federal award funds from the Department until the grant agreement
is closed.
nature of Authorized Financial Representative: Date: 12/16/2022
Page 2 of 2
Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid Social security number
backup withholding. For individuals, this is generally your social security number (SSN). However, for a — m —
resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other
entities, it is your employer identification number (EIN). If you do not have a number, see How to get a
TIN, later. or
Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and I Employer identification number
Number To Give the Requester for guidelines on whose number to enter.
M91
— 6 0 0 1 2 6 4
ff 3 . ■ Certification
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and
2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue
Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am
no longer subject to backup withholding; and
3. 1 am a U.S. citizen or other U.S. person (defined below); and
4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because
you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid,
acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments
other than interest and dividends, you 4c"ot required t91—i_ gn the ertification, but you must provide your correct TIN. See the instructions for Part II, later.
Sign I Signature n `
Fiera U.S. perso ► f} r � o I � A 1 0 ., t,,t__ Date ► t oZ, . I L (p r22,
General Instructions
Section references are to the Internal Revenue Code unless otherwise
noted.
Future developments. For the latest information about developments
related to Form W-9 and its instructions, such as legislation enacted
after they were published, go to www.irs.gov/FormW9.
Purpose of Form
An individual or entity (Form W-9 requester) who is required to file an
information return with the IRS must obtain your correct taxpayer
identification number (TIN) which may be your social security number
(SSN), individual taxpayer identification number (ITIN), adoption
taxpayer identification number (ATIN), or employer identification number
(EIN), to report on an information return the amount paid to you, or other
amount reportable on an information return. Examples of information
returns include, but are not limited to, the following.
• Form 1099 -INT (interest earned or paid)
• Form 1099 -DIV (dividends, including those from stocks or mutual
funds)
• Form 1099-MISC (various types of income, prizes, awards, or gross
proceeds)
• Form 1099-B (stock or mutual fund sales and certain other
transactions by brokers)
• Form 1099-S (proceeds from real estate transactions)
• Form 1099-K (merchant card and third party network transactions)
• Form 1098 (home mortgage interest), 1098-E (student loan interest),
1098-T (tuition)
• Form 1099-C (canceled debt)
• Form 1099-A (acquisition or abandonment of secured property)
Use Form W-9 only if you are a U.S. person (including a resident
alien), to provide your correct TIN.
If you do not return Form W-9 to the requester with a TIN, you might
be subject to backup withholding. See What is backup withholding,
later.
Cat. No. 10231X Form W-9 (Rev. 10-2018)
Request for Taxpayer
Give Form to the
Form
Identification Number and Certification
requester. Do not
(Rev. October 2018)
Department of the Treasury
send to the IRS.
Internal Revenue Service
► Go to www.irs.gov1ForrnW9 for instructions and the latest information.
1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank.
City of Pasco
2 Business name/disregarded entity name, if different from above
Cl)
3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the
4 Exemptions (codes apply only to
following seven boxes.
certain entities, not individuals; see
a
instructions on page 3):
p
❑ Individual/sole proprietor or ❑ C Corporation ❑ S Corporation ❑ Partnership ❑ Trust/estate
C
single -member LLC
Exempt payee code (if any)
u❑
Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ►
o 2
Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check
Exemption from FATCA reporting
U
LLC if the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is
codeif an
code(if
a u
another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that
is disregarded from the owner should check the appropriate box for the tax classification of its owner.
0
❑ Other (see instructions) ►
(Applies to accounts maintained outside the U.S)
y
5 Address (number, street, and apt. or suite no.) See instructions.
Requester's name and address (optional)
in
525 N Third Ave
Franklin County Emergency Management
6 City, state, and ZIP code
1011 E. Ainsworth Street
Pasco, WA 99301
Pasco WA 99301
7 List account number(s) here (optional)
Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid Social security number
backup withholding. For individuals, this is generally your social security number (SSN). However, for a — m —
resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other
entities, it is your employer identification number (EIN). If you do not have a number, see How to get a
TIN, later. or
Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and I Employer identification number
Number To Give the Requester for guidelines on whose number to enter.
M91
— 6 0 0 1 2 6 4
ff 3 . ■ Certification
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and
2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue
Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am
no longer subject to backup withholding; and
3. 1 am a U.S. citizen or other U.S. person (defined below); and
4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because
you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid,
acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments
other than interest and dividends, you 4c"ot required t91—i_ gn the ertification, but you must provide your correct TIN. See the instructions for Part II, later.
Sign I Signature n `
Fiera U.S. perso ► f} r � o I � A 1 0 ., t,,t__ Date ► t oZ, . I L (p r22,
General Instructions
Section references are to the Internal Revenue Code unless otherwise
noted.
Future developments. For the latest information about developments
related to Form W-9 and its instructions, such as legislation enacted
after they were published, go to www.irs.gov/FormW9.
Purpose of Form
An individual or entity (Form W-9 requester) who is required to file an
information return with the IRS must obtain your correct taxpayer
identification number (TIN) which may be your social security number
(SSN), individual taxpayer identification number (ITIN), adoption
taxpayer identification number (ATIN), or employer identification number
(EIN), to report on an information return the amount paid to you, or other
amount reportable on an information return. Examples of information
returns include, but are not limited to, the following.
• Form 1099 -INT (interest earned or paid)
• Form 1099 -DIV (dividends, including those from stocks or mutual
funds)
• Form 1099-MISC (various types of income, prizes, awards, or gross
proceeds)
• Form 1099-B (stock or mutual fund sales and certain other
transactions by brokers)
• Form 1099-S (proceeds from real estate transactions)
• Form 1099-K (merchant card and third party network transactions)
• Form 1098 (home mortgage interest), 1098-E (student loan interest),
1098-T (tuition)
• Form 1099-C (canceled debt)
• Form 1099-A (acquisition or abandonment of secured property)
Use Form W-9 only if you are a U.S. person (including a resident
alien), to provide your correct TIN.
If you do not return Form W-9 to the requester with a TIN, you might
be subject to backup withholding. See What is backup withholding,
later.
Cat. No. 10231X Form W-9 (Rev. 10-2018)
ATTACHMENT "G"
NATIONAL INCIDENT MANAGEMENT SYSTEM NIMS COMPLIANCE CERTIFICATION:
The Contractor understands National Incident Management System (NIMS) compliance is
required to receive Federal preparedness assistance grants beginning October 1, 2006. The
Contractor certifies, by signing this agreement, that the contractor and its principals have met
NIMS compliance requirements and state reporting requirements and shall meet NIMS
compliance requirements and state reporting requirements for subsequent federal fiscal years
during the performance period of this contract. The NIMS Integration Center (NIC) web page:
hftp://www.fema.gov/emer-gency/nims provides information about NIMS and guidance to
determine the extent to which jurisdictions are already compliant, as well as identify the NIMS
requirements that have not been met. The Contractor and its principals are required to report
NIMS compliance to the State via the online form available on the State's homepage:
http://www.emd.wa.go .
It is understood that failure to comply with NIMS standards/requirements will result in
loss/recapture of funding from Homeland Security Grants.
Bidder or Contractor Signature: 4t4
Print Name and Title: Ken Roske Chief — City of Pasco Police Department
Date: I?' i S* 2,Z
CONTRACT NUMBER: E23-092 (SHSP 22) Page 1 of 1
Washington Military Department
HOMELAND SECURITY GRANT PROGRAM AGREEMENT FACE SHEET
1. Subrecipient Name and Address
2. Grant Agreement Amount:
3. Grant Agreement Number:
Office of Emergency Management
$116,514
E23-092
Franklin County
1011 East Alnsworth Street
Pasco, WA 99301-5821
4. Subrecipient Contact, phone/email:
5. Grant Agreement Start Date:
6. Grant Agreement End Date:
Sean Davis, 509-5455546
September 1, 2022
January 31, 2025
sdavis ranklincoun wa. ov
7. Department Contact, phone/email:
S. Unique Entity Identifier (UEI):
9. USI # (state revenue):
Michael Alston, 253-512-7083
ZR6MC9DH1E84
601.691-678
michael.alston@mil.wa.gov
10. Funding Authority:
Washin on Military De artument (the Department) and the U.S. Department of Homeland Security (DHS)
11. Federal Funding Identification #:
12. Federal Award Date:
13. Assistance Listings # & Title:
EMW-2022-SS-00056-S01
09/02/2022
1 97.067-22HSGP (SHSP)
14. Total Federal Award Amount:
15. Program Index# & OBJ/SUB-OBJ:
16. EIN
$13,905,347
723SZ, 723SH, 723SB, 723SL, 723SC, 7238Q ! NZ
1 91-1 71 9850
17 Service Districts:
18. Service Area by County(ies):
19. Women/Minority-Owned, State
BY LEGISLATIVE DISTRICTS: 16
Franklin
Certified: ® N/A ❑ NO
BY CONGRESSIONAL DISTRICTS: 4
❑ YES, OMWBE #
20. Agreement Classification
21. Contract Type (check all that apply).
❑ Personal Services ❑ Client Services ® Public/Local Gov't
❑ Contract ® Grant ® Agreement
❑ Research/Development ❑ A/E ❑ Other
❑ Intergovernmental (RCW 39.34) ❑ Interagency
22. Subrecipient Selection Process:
23. Subrecipient Type (check all that apply)
® "To all who apply & qualify" ❑ Competitive Bidding
❑ Private Organization/Individual ❑ For -Profit
❑ Sole Source ❑ A/E RCW ❑ N/A
® Public Organization/Jurisdiction ❑ Non -Profit
❑ Filed w/OFM? ❑ Advertised? ❑ YES ❑ NO
❑ CONTRACTOR IR SUBRECIPIENT ❑ OTHER
24. PURPOSE & DESCRIPTION:
The objective of the Federal Fiscal Year (FFY) 2022 Homeland Security Grant Program (22HSGP) Is to fund state, local, tribal, and territorial
efforts to prevent terrorism and prepare the nation for threats and hazards that pose the greatest risk to the security of the United States.
22HSGP provides funding to Implement Investments that build, sustain, and deliver the core capabilities essential to achieving the National
Preparedness Goal of a secure and resilient nation. 22HSGP 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 Stonegarden (OPSG). Together, these grant programs fund a
range of preparedness activities, including planning, organization, equipment purchase, training, exercises, and management and
administration.
The Department Is the Recipient and Pass-through Entity of the 22HSGP DHS Award Letter for Grant No. EMW-2022-SS-00056501 ("Grant"),
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 Subrecl fent Is accountable to the Department for use of Federal award funds provided under this Agreement
IN WITNESS WHEREOF, the Department and Subrecipient acknowledge and accept the terms of this Agreement, including ali referenced attachments
which are hereby incorporated. and have executed this Agreement as of the date below. This Agreement Face Sheet; Special 'Germs & Conditions
(Attachment "A); General Terms and Conditions (Attachment S); DHS Award Letter (Attachment C), Work flan (Attachments 0-1, D-2, D-3), Budget
(Attachment E), Timeline (Attachment F), and all other documents and attachments expressly referenced and Incorporated herein contain all the lemrs and
conditions agreed upon by the parties and govern the rights and obligations of the parties to this Agreement. No other understandings. oral or otherwise.
re ardina the sub'act matter of this A reement 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. DHS/FEMA Award and program documents 6. General Terms and Conditions, and,
3. Work Plan, Timellne, and Budget 6. Other provisions of the Agreement incorporated by reference.
WHEREAS, the parties have executed this Agreement on the day and year last specified below.
FOR THE DEPARTMENT: F R HE SUBF(EC:
10/26/2022
Sig a tre V Y, Date Signature Dat
Regan Anne Hesse, Chief Financial Officer Sean Davis, Director
Washington Military Department Franklin County Emergency Management
BOILERPLATE APPROVED TO FORM: APPROVED AS TO FORM (if applicable):
Dierk Meierbachtol 9/28/2022
Assistant Attorney General
Signature Date
DHS-FEMA-HSGP-SHSP-FY22 Page 1 of 46 Franklin County Emergency Management, E23-092
Attachment A
SPECIAL TERMS AND CONDITIONS
ARTICLE I. KEY PERSONNEL
The individuals listed below shall be considered key personnel for point of contact under this Agreement. Any
substitution of key personnel by either party shall be made by written notification to the current key personnel.
SUBRECIPIENT DEPARTMENT
Name
Sean Davis
Director
sdavis franklincoun wa. ov
Name
Title
Email
Michael Alston
Program Coordinator
michael.alston@mil.wa.gov
Title
Email
Phone
509-545-3546
Phone
253-512-7083
Name
Jordan Hanes
Name
Reagan Bush
Title
Administrative Executive
Title
Program Manager
EmailJhanes@franklincountywa.gov
Email
Reagan. bushmil.wa. ov
Phone
509-545-3546
Phone
253.512-7463
Name
Name
Courtney Bemus
Title
_
Title
Program Assistant
Email
Phone
_ _
Email
Phone
courtney.bemus@mil.wa.gov
253-512-7145
ARTICLE II. ADMINISTRATIVE AND/OR FINANCIAL REQUIREMENTS
The Subrecipient shall comply with all applicable state and federal laws, rules, regulations, requirements and
program guidance identified or referenced in this Agreement and the informational documents published by
DHS/FEMA applicable to the 22HSGP 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 2022 Homeland Security Grant Program" (hereafter "the NOFO") document, the FEMA Preparedness
Grants Manual document, Version 3, published May 2022 (hereafter "the Manual'), the DHS Award Letter for
the Grant, and the federal regulations commonly applicable to DHS/FEMA grants, all of which are incorporated
herein by reference. The DHS Award Letter is incorporated in this Agreement as Attachment C.
The Subrecipient acknowledges that since this Agreement involves federal award funding, the period of
performance may begin prior to the availability of appropriated federal funds. The Subrecipient agrees that it will
not hold the Department, the State of Washington, or the United States liable for any damages, claim for
reimbursement, or any type of payment whatsoever for services performed under this Agreement prior to
distribution of appropriated federal funds, or if federal funds are not appropriated or in a particular amount.
A. STATE AND FEDERAL REQUIREMENTS FOR DHS/FEMA PREPAREDNESS GRANTS:
The following requirements apply to all DHS/FEMA Preparedness Grants administered by the Department.
1. SUBAWARDS & CONTRACTS BY SUBRECIPIENTS
a. The Subrecipient must make a case-by-case determination whether each agreement it makes for
the disbursement of 22HSGP 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 22HSGP funds received under this Agreement casts
the party receiving the funds in the role of a subrecipient or contractor in accordance with 2 CFR
200.330.
The Subrecipient must comply with all federal laws and regulations applicable to pass-
through entities of 22HSGP funds, including, but not limited to, those contained in 2 CFR
200.
ii. The Subrecipient shall require its subrecipient(s) to comply with all applicable state and
federal laws, rules, regulations, requirements and program guidance identified or referenced
in this Agreement and the informational documents published by DHS/FEMA applicable to
DHS-FEMA-HSGP-SHSP-FY22 Page 2 of 46 Franklin County Emergency Management, E23-092
the 22HSGP 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 22HSGP
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, AND TIMELINE
a. Within the total Grant Agreement Amount, travel, subcontracts, salaries, benefits, printing,
equipment, and other goods and services or other budget categories will be reimbursed on an
actual cost basis upon completion unless otherwise provided in this Agreement.
b. The maximum amount of all reimbursement requests permitted to be submitted under this
Agreement, including the final reimbursement request, is limited to and shall not exceed the total
Grant Agreement Amount.
c. If the Subrecipient chooses to include indirect costs within the Budget (Attachment E), additional
documentation is required based on the applicable situation. As described in 2 CFR 200.414 and
Appendix VII to 2 CFR 200:
i. If the Subrecipient receives direct funding from any Federal agency(ies), documentation of
the rate must be submitted to the Department Key Personnel per the following:
A. More than $35 million, the approved indirect cost rate agreement negotiated with its
federal cognizant agency.
B. Less than $35 million, the indirect cost proposal developed in accordance with
Appendix VII of 2 CFR 200 requirements.
ii. If the Subrecipient does not receive direct federal funds (i.e., only receives funds as a
subrecipient), the Subrecipient must either elect to charge a de minimis rate of ten percent
(10%) or 10% of modified total direct costs or choose to negotiate a higher rate with the
Department. If the latter is preferred, the Subrecipient must contact Department Key
Personnel for approval steps.
d. For travel costs, the Subrecipient shall comply with 2 CFR 200.475 and should consult their
internal policies, state rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing
or amended, and federal maximum rates set forth at https://www.gsa.gov, and follow the most
restrictive. If travel costs exceed set state or federal limits, travel costs shall not be reimbursed
without 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
ReimbursementsCa)mii.wa.cioy 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 Rrior 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-FY22 Page 3 of 46 Franklin County Emergency Management, E23-092
waiver or extension of a due date in the Timeline will be treated as a request for Amendment of
the Agreement. This request must be submitted to the Department Key Personnel sufficiently in
advance of the due date to provide adequate time for Department review and consideration and
may be granted or denied within the Department's sole discretion.
h. All work under this Agreement must end on or before the Grant Agreement End Date, and the
final reimbursement request must be submitted to the Department within forty-five (45) days after
the Grant Agreement End Date, except as otherwise authorized by either (1) written amendment
of this Agreement or (2) written notification from the Department to the Subrecipient to provide
additional time for completion of the Subrecipient's subproject(s).
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 subaward and is invoiced by the vendor.
j. Failure to submit timely, accurate, and complete reports and reimbursement requests as required
by this Agreement (including, but not limited to, those reports in the Timeline [Attachment F]) will
prohibit the Subrecipient from being reimbursed until such reports are submitted and the
Department has had reasonable time to conduct its review.
k. Final reimbursement requests will not be approved for payment until the Subrecipient is current
with all reporting requirements contained in this Agreement.
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 (10%) of the Grant Agreement Amount. If a Subrecipient has only one
subproject, cumulative transfers among solution areas within the subproject that exceed ten
percent (10%) 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-1, 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 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 Certification/FFATA Form. This form is required to be completed once per
calendar year, per Subrecipient, and not per agreement. The Department's Contracts Office will
request the Subrecipient submit an updated form at the beginning of each calendar year in which
the Subrecipient has an active agreement.
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
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-
DHS-FEMA-HSGP-SHSP-FY22 Page 4 of 46 Franklin County Emergency Management, E23-092
federal entity to which the Subrecipient has made a subaward, for which a contract,
subrecipient grant agreement, or other means of legal transfer of ownership is in place.
ii. All equipment, and supplies as applicable, purchased under this Agreement will be recorded
and maintained in the Subrecipient's inventory 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;
G. Cost of the property and the percentage of federal participation in the cost;
H. Location, use and condition of the property at the date the information was reported;
I. Disposition data including the date of disposal and sale price of the property.
iv. The Subrecipient shall take a physical inventory of the equipment, and supplies as
applicable, and reconcile the results with the property records at least once every two years.
Any differences between quantities determined by the physical inspection and those shown
in the records shall be investigated by the Subrecipient to determine the cause of the
difference. The Subrecipient shall, in connection with the inventory, verify the existence,
current utilization, and continued need for the equipment.
V. The Subrecipient shall be responsible for any and all operational and maintenance
expenses and for the safe operation of the equipment and supplies including all questions
of liability. The Subrecipient shall develop appropriate maintenance schedules and
procedures to ensure the equipment, and supplies as applicable, are well-maintained and
kept in good operating condition.
vi. The Subrecipient shall develop a control system to ensure adequate safeguards to prevent
loss, damage, and theft of the property. Any loss, damage, or theft shall be investigated,
and a report generated and sent to the Department's Key Personnel.
vii. The Subrecipient must obtain and maintain all necessary certifications and licenses for the
equipment.
viii. If the Subrecipient is authorized or required to sell the property, proper sales procedures
must be established and followed to ensure the highest possible return. For disposition, if
upon termination or at the Grant Agreement End Date, when original or replacement
supplies or equipment acquired under a federal award are no longer needed for the original
project or program or for other activities currently or previously supported by a federal
awarding agency, the Subrecipient must comply with the following procedures:
A. For Supplies: If there is a residual inventory of unused supplies exceeding $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.
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.
DHS-FEMA-HSGP-SHSP-FY22 Page 5 of 46 Franklin County Emergency Management, E23-092
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).
ix. Records for equipment shall be retained by the Subrecipient for a period of six (6) years
from the date of the disposition, replacement, or transfer. If any litigation, claim, or audit is
started before the expiration of the six- (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 httt)s:/Iwww.fema.gov/cirantatq uidance-
toois/authorized-eguipment-list. It is important that the Subrecipient and any non-federal entity to
which the Subrecipient makes a subaward regard the AEL as an authorized purchasing list
identifying items allowed under the specific grant program; the AEL includes items that may not
be categorized as equipment according to the federal, state, local, and tribal definitions of
equipment. The Subrecipient is solely responsible for ensuring and documenting purchased items
under this Agreement are authorized as allowed items by the AEL at time of purchase.
If the item is not identified on the AEL as allowable under the grant program , the Subrecipient
must contact the Department Key Personnel for assistance in seeking FEMA approval prior to
acquisition.
d. Unless expressly provided otherwise, all equipment must meet all mandatory regulatory and/or
DHS/FEMA adopted standards to be eligible for purchase using federal award funds.
e. If funding is allocated to emergency communications, the Subrecipient must ensure that all
projects comply with SAFECOM Guidance on Emergency Communications Grants, located at
httl2s:i/www.cisa.cov/safecom/fundincq, ensuring the investments are compatible, interoperable,
resilient, and support national goals and objectives for improving emergency communications.
f. 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 a contract to procure or obtain any equipment, system, or
service that uses covered telecommunications equipment or services as a substantial or
essential component of any system, or as critical technology of any system; or
iii. Enter into, extend, or renew contracts with entities that use covered telecommunications
equipment or services as a substantial or essential component of any system, or as critical
technology as part of any system.
This prohibition regarding certain telecommunications and video surveillance services or
equipment is mandated by section 889 of the John S. McCain National Defense Authorization Act
for Fiscal Year 2019 (FY 2019 NDAA), Pub. L. No. 115-232 (2018). 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 applicable NOFO.
Per subsections 889(f)(2)-(3) of the FY 2019 NDAA, and 2 CFR 200.216, covered
telecommunications equipment or services means:
i. Telecommunications equipment produced by Huawei Technologies Company or ZTE
Corporation, (or any subsidiary or affiliate of such entities);
DHS-FEMA-HSGP-SHSP-FY22 Page 6 of 46 Franklin County Emergency Management, E23-092
ii. For the purpose of public safety, security of government facilities, physical security
surveillance of critical infrastructure, and other national security purposes, video
surveillance and telecommunications equipment produced by Hytera Communications
Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology
Company (or any subsidiary or affiliate of such entities);
iii. Telecommunications or video surveillance services provided by such entities or using such
equipment; or
iv. Telecommunications or video surveillance equipment or services produced or provided by
an entity that the Secretary of Defense, in consultation with the Director of National
Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be
an entity owned or controlled by, or otherwise connected to, the government of a covered
foreign country.
g. For OPSG Subrecipients, items budgeted as equipment in an approved Operations Order should
be marked prominently with "Purchased with DHS funds for Operation Stonegarden Use" when
practicable.
h. The Subrecipient must pass through equipment and supply management requirements that meet
or exceed the requirements outlined above to any non-federal entity to which the Subrecipient
makes a subaward of federal award funds under this Agreement.
5. ENVIRONMENTAL AND HISTORICAL PRESERVATION
a. The Subrecipient shall ensure full compliance with the DHS/FEMA Environmental Planning and
Historic Preservation (EHP) Program. EHP program information can be found at
htt>>s,11www.fema.uov/crants/guidance-tools/environmental-historic all of which are incorporated
in and made a part of this Agreement.
b. Projects that have historical impacts or the potential to impact the environment, including, but
not limited to, construction of communication towers; modification or renovation of existing
buildings, structures, and facilities; or new construction, including replacement of facilities, must
participate in the DHS/FEMA EHP review process prior to project initiation. Modification of existing
buildings, including minimally invasive improvements such as attaching monitors to interior walls,
and training or exercises occurring outside in areas not considered previously disturbed also
require a DHS/FEMA EHP review before project initiation.
c. The EHP review process involves the submission of a detailed project description that includes
the entire scope of work, including any alternatives that may be under consideration, along with
supporting documentation so FEMA may determine whether the proposed project has the
potential to impact environmental resources and/or historic properties.
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.
6. PROCUREMENT
a. 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).
b. For all sole source contracts expected to exceed $250,000, the Subrecipient must submit to the
Department for pre -procurement review and approval the procurement documents, such as
requests for proposals, invitations for bids and independent cost estimates. This requirement must
be passed on to any non-federal entity to which the Subrecipient makes a subaward, at which
point the Subrecipient will be responsible for reviewing and approving sole source justifications of
any non-federal entity to which the Subrecipient makes a subaward.
DHS-FEMA-HSGP-SHSP-FY22 Page 7 of 46 Franklin County Emergency Management, E23-092
7. SUBRECIPIENT MONITORING
a. The Department will monitor the activities of the Subrecipient from award to closeout. The goal of
the Department's monitoring activities will be to ensure that agencies receiving federal pass-
through funds are in compliance with this Agreement, federal and state audit requirements,
federal grant guidance, and applicable federal and state financial regulations, as well as 2 CFR
Part 200 Subpart F.
b. To document compliance with 2 CFR Part 200 Subpart F requirements, the Subrecipient shall
complete and return to the Department an Audit Certification/FFATA form. This form is required
to be completed once per calendar year, per Subrecipient, and not per agreement. The
Department's Contracts Office will request the Subrecipient submit an updated form at the
beginning of each calendar year in which the Subrecipient has an active agreement.
c. Monitoring activities may include, but are not limited to:
i. Review of financial and performance reports;
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 exercises, training,
events, and equipment demonstrations; and
vi. On-site visits to review equipment records and inventories, to verify source documentation for
reimbursement requests and performance reports, and to verify completion of deliverables.
d. The Subrecipient is required to meet or exceed the monitoring activities, as outlined above, for
any non-federal entity to which the Subrecipient makes a subaward as a pass-through entity
under this Agreement.
e. Compliance will be monitored throughout the performance period to assess risk. Concerns will be
addressed through a corrective action plan.
8. 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
the required recipient guidance in April 2011, DHS Guidance to Federal Financial Assistance
Recipients Regarding Title VI Prohibition against National Origin Discrimination Affecting Limited
English Proficient Persons, 76 Fed. Reg. 21755-21768, (April 18, 2011). The Guidance provides
helpful information such as how a recipient can determine the extent of its obligation to provide
language services, selecting language services, and elements of an effective plan on language
assistance for LEP persons. For additional assistance and information regarding language access
obligations, please refer to the DHS Recipient Guidance at httas:11www.dhs.r ov/guidance-published•
help -department -supported -organizations -provide -meaningful -access -people -limited and additional
resources on https://www.lep.gov.
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,
location, or complexity. NIMS provides a consistent, nationwide approach and vocabulary for
DHS-FEMA-HSGP-SHSP-FY22 Page 8 of 46 Franklin County Emergency Management, E23-092
multiple agencies or jurisdictions to work together to build, sustain, and deliver the core
capabilities needed to achieve a secure and resilient nation.
b. Consistent implementation of NIMS provides a solid foundation across jurisdictions and
disciplines to ensure effective and integrated preparedness, planning, and response. NIMS
empowers the components of the National Preparedness System, a requirement of Presidential
Policy Directive 8, to guide activities within the public and private sector and describes the
planning, organizational activities, equipping, training, and exercising needed to build and sustain
the core capabilities in support of the National Preparedness Goal.
c. In order to receive federal preparedness funding from the Department, the Subrecipient must
achieve, or be actively working to achieve, all of the NIMS Implementation Objectives located at
haps;//www.fema civ/emer g.
B. HSGP SPECIFIC REQUIREMENTS
1, The Subrecipient must use HSGP funds only to perform tasks as described in the Work Plan
(Attachments D-1, D-2, D-3), as approved by the Department, and in compliance with this Agreement.
a. SHSP-funded projects must assist state, local, tribal, and territorial efforts to build, sustain, and
deliver the capabilities necessary to prevent, prepare for, protect against, and respond to acts of
terrorism.
b. UASI-funded projects must assist high -threat, high-density Urban Area efforts to build, sustain,
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 do not receive any additional authority as a
result of participation in OPSG.
d. State agencies, including law enforcement, must comply with RCW 43.17.425 and may not use
agency funds (including this grant), facilities, property, equipment, or personnel, to investigate,
enforce, cooperate with, or assist in the investigation or enforcement of any federal registration
or surveillance programs or any other laws, rules, or policies that target Washington residents
solely on the basis of race, religion, immigration, or citizenship status, or national or ethnic origin,
except as provided in RCW 43.17.425 (3).
2. The Budget (Attachment E) may include the following caps and thresholds:
a. If funds are allotted for Management and Administration (M&A), such expenditures must be
related to administration of the grant. The maximum percentage of the Grant Agreement Amount
that may be used for M&A costs when allocated under this Agreement shall not exceed five
percent (5%) but may be less.
b. At least thirty percent (30%) 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
amount, a budget amendment is required.
c. The maximum percentage of the Grant Agreement Amount that may be used for personnel
expenses under this Agreement is identified in the Budget. If the 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
DHS-FEMA-HSGP-SHSP-FY22 Page 9 of 46 Franklin County Emergency Management, E23-092
categories of training needed for intelligence analysts. All training to ensure baseline proficiency in
intelligence analysis and production must be completed 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 the Department Key Personnel as applicable.
4. If funding is allocated to non -DHS FEMA training, the Subrecipient must request prior written
approval from the Department Key Personnel before attending the training. The Department will
coordinate approval with the State Training Point of Contact. Pursuant to DHS/FEMA Grant Programs
Directorate Information Bulletin No. 432, Review and Approval Requirements for Training Courses
Funded Through Preparedness Grants, https.//www:fema.qov/sitesidefaulVfiles/2020-
04[Training Course Review and _Aonroval IB Final 7 19 18.pd , the training must fall within the
FEMA mission scope and be in alignment with the Subrecipient's Emergency Operations Plan. This
requirement only applies to training courses and does not include attendance at conferences.
Furthermore, additional federal approvals are required for courses that relate to Countering Violent
Extremism prior to attendance.
5. For SHSP and UASI, Subrecipients are required to complete the annual Nationwide Cybersecurity
Review (NCSR) httl2s:l!.cisecurity.oLgIms-isac/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 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 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 (IPPW)
or may conduct their own local/regional IPPW. Information related to IPPs and Integrated
Preparedness Planning Workshops (IPPWs) can be found on the HSEEP website at
t'gps:/fwww.fema.gov/HSEEF and https.!lpreptoolkit.fema.goW.
C. DHS TERMS AND CONDITIONS
As a subrecipient of 22HSGP funding, the Subrecipient shall comply with all applicable DHS terms and
conditions of the 22HSGP Award Letter and its incorporated documents , which are incorporated in and
made a part of this Agreement as Attachment C.
DHS-FEMA-HSGP-SHSP-FY22 Page 10 of 46 Franklin County Emergency Management, E23-092
Attachment B
Washington Military Department
GENERAL TERMS AND CONDITIONS
Department of Homeland Security (DHS)!
Federal Emergency Management Agency (FEMA)
Grants
A.1 DEFINITIONS
As used throughout this Agreement, the terms will have the same meaning as defined in 2 CFR 200
Subpart A (which is incorporated herein by reference), except as otherwise set forth below:
a. "Agreement" means this Grant Agreement.
b. "Department" means the Washington Military Department, as a state agency, any division,
section, office, unit or other entity of the Department, or any of the officers or other officials lawfully
representing that Department. The Department is a recipient of a federal award directly from a
federal awarding agency and is the pass-through entity making a subaward to a Subrecipient
under this Agreement.
C. `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" means all administrative, financial, or other review activities that are
conducted to ensure compliance with all state and federal laws, rules, regulations, authorities and
policies.
e. "Stakeholders Preparedness Report (SPR)" The SPR is an annual three-step self-assessment
of a community's capability levels based on the capability targets identified in the THIRA.
f. "Subrecipient" when capitalized is primarily used throughout this Agreement in reference to the
non-federal entity identified on the Face Sheet of this Agreement that has received a subaward
from the Department. However, the definition of "Subrecipient" is the same as in 2 CFR 200.1 for
all other purposes.
g. "Threat and Hazard Identification and Risk Assessment (THIRA)" 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 outputs from this process lay the
foundation for determining a community's capability gaps during the SPR process.
A.2 ADVANCE PAYMENTS PROHIBITED
The Department shall make no payments in advance or in anticipation of goods or services to be provided
under this Agreement. Subrecipient shall not invoice the Department in advance of delivery and invoicing
of such goods or services.
A.3 AMENDMENTS AND MODIFICATIONS
The Subrecipient or the Department may request, in writing, an amendment or modification of this
Agreement. However, such amendment or modification shall not be binding, take effect or be
Incorporated herein until made in writing and signed by the authorized representatives of the Department
and the Subrecipient. No other understandings or agreements, written or oral, shall be binding on the
parties.
The Agreement performance period shall only be extended by (1) written notification of DHS/FEMA
approval of the Award performance period, followed up with a mutually agreed written amendment, or (2)
written notification from the Department to the Subrecipient to provide additional time for completion of
the Subrecipient's project(s).
A.4 AMERICANS WITH DISABILITIES ACT ADA OF 1990. PUBLIC LAW 101-336 42 U.S.C. 12101 ET
SEQ. AND ITS IMPLEMENTING REGULATIONS ALSO REFERRED TO AS THE "ADA" 28 CFR Part
35.
The Subrecipient must comply with the ADA, which provides comprehensive civil rights protection to
individuals with disabilities in the areas of employment, public accommodations, state and local
government services, and telecommunication.
DHS-FEMA-HSGP-SHSP-FY22 Page 11 of 46 Franklin County Emergency Management, E23-092
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,
Ineligibility, and Voluntary Exclusion form located at httn:.iimii.wa,goviemeraency-mariagement-
division/grants/reauiredurantforms. Any such form completed by the Subrecipient for this Agreement shall
be incorporated into this Agreement by reference.
Further, the Subrecipient agrees to comply with all applicable federal regulations concerning the federal
debarment and suspension system, including 2 CFR Part 180. The Subrecipient certifies that it will ensure
that potential contractors or subrecipients or any of their principals are not debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in "covered
transactions" by any federal department or agency. "Covered transactions" include procurement
contracts for goods or services awarded under a non -procurement transaction (e.g., grant or cooperative
agreement) that are expected to equal or exceed $25,000, and subawards to Subrecipients for any
amount. With respect to covered transactions, the Subrecipient may comply with this provision by
obtaining a certification statement from the potential contractor or subrecipient or by checking the System
for Award Management (https:i/sam.cov/SAM, maintained by the federal government. The Subrecipient
also agrees not to enter into any arrangements or contracts with any party on the Washington State
Department of Labor and Industries' "Debarred Contractor List
(httpsl/secure.Ini.wa.gov/debarandstrike/Contracto[QgbarList.aspx). The Subrecipient also agrees not
to enter into any agreements or contracts for the purchase of goods and services with any party on the
Department of Enterprise Services' "Debarred Vendor List"
(http://www.des.wa. gov/services/ContractingPurchasing/BusinesstPaaes/Vendor-Debarment. aspx}.
A.7 CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING
As required by 44 CFR Part 18, the Subrecipient hereby certifies that to the best of its knowledge and
belief: (1) no federally appropriated funds have been paid or will be paid by or on behalf of the
Subrecipient to any person for influencing or attempting to influence an officer or employee of an agency,
a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress
in connection with the awarding of any federal contract, the making of any federal grant, the making of
any federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement; (2)
that if any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this
Agreement, grant, loan, or cooperative agreement, the Subrecipient will complete and submit Standard
Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; (3) and that, as
applicable, the Subrecipient will require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants,
loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly. This
certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into and is a prerequisite for making or entering into this transaction imposed by 31
U.S.C. 1352.
A.8 COMPLIANCE WITH APPLICABLE STATUTES. RULES AND DEPARTMENT POLICIES
The Subrecipient and all its contractors and subrecipients shall comply with, and the Department is not
responsible for determining compliance with, any and all applicable federal, state, and local laws,
regulations, executive orders, OMB Circulars, and/or policies. This obligation includes, but is not limited
to: nondiscrimination laws and/or policies, Energy Policy and Conservation Act (PL 94-163, as amended),
the Americans with Disabilities Act (ADA), Age Discrimination Act of 1975, Title VI of the Civil Rights Act
of 1964, Civil Rights Act of 1968, the Robert T. Stafford Disaster Relief and Emergency Assistance Act,
(PL 93-288, as amended), Ethics in Public Service (RCW 42.52), Covenant Against Contingent Fees (48
CFR Section 52.203-5), Public Records Act (RCW 42.56), Prevailing Wages on Public Works (RCW
DHS-FEMA-HSGP-SHSP-FY22 Page 12 of 46 Franklin County Emergency Management, E23-092
39.12), State Environmental Policy Act (RCW 43.21 C), Shoreline Management Act of 1971 (RCW 90.58),
State Building Code (RCW 19.27), Energy Related Building Standards (RCW 19.27A), Provisions in
Buildings for Aged and Handicapped Persons (RCW 70.92), and safety and health regulations.
In the event of noncompliance or refusal to comply with any applicable law, regulation, executive order,
OMB CircuVar or policy by the Subrecipient, its contractors or subrecipients, the Department may rescind,
cancel, or terminate the Agreement in whole or in part in its sole discretion. The Subrecipient is
responsible for all costs or liability arising from its failure, and that of its contractors and subrecipients, to
comply with applicable laws, regulations, executive orders, OMB Circulars or policies.
A.9 CONFLICT OF INTEREST
No officer or employee of the Department; no member, officer, or employee of the Subrecipient or its
designees or agents; no member of the governing body of the jurisdiction in which the project is
undertaken or located; and no other official of the Subrecipient who exercises any functions or
responsibilities with respect to the project during his or her tenure, shall have any personal or pecuniary
gain or interest, direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to be
performed in connection with the project assisted under this Agreement.
The Subrecipient shall incorporate, or cause to incorporate, in all such contracts or subawards, a
provision prohibiting such interest pursuant to this provision.
A.10 CONTRACTING & PROCUREMENT
a. The Subrecipient shall use a competitive procurement process in the procurement and award of
any contracts with contractors or subcontractors that are entered into under the original
agreement award. The procurement process followed shall be in accordance with 2 CFR Part
200.318, General procurement standards, through 200.327, Contract provisions.
As required by Appendix II to 2 CFR Part 200, all contracts entered into by the Subrecipient under
this Agreement must include the following provisions, as applicable:
1) Contracts for more than the simplified acquisition threshold currently set at $250,000, which
is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and
the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908,
must address administrative, contractual, or legal remedies in instances where contractors
violate or breach contract terms, and provide for such sanctions and penalties as appropriate.
2) All contracts in excess of $10,000 must address termination for cause and for convenience
by the non-federal entity including the manner by which it will be affected and the basis for
settlement.
3) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all
contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part
60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in
accordance with Executive Order 11246, "Equal Employment Opportunity' (30 FR 12319,
12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375,
"Amending Executive Order 11246 Relating to Equal Employment Opportunity," and
implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance
Programs, Equal Employment Opportunity, Department of Labor."
4) Davis -Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program
legislation, all prime construction contracts in excess of $2,000 awarded by non-federal
entities must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 3141-
3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part
5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and
Assisted Construction"). In accordance with the statute, contractors must be required to pay
wages to laborers and mechanics at a rate not less than the prevailing wages specified in a
wage determination made by the Secretary of Labor. In addition, contractors must be
required to pay wages not less than once a week. The non-federal entity must place a copy
of the current prevailing wage determination issued by the Department of Labor in each
solicitation. The decision to award a contract or subcontract must be conditioned upon the
acceptance of the wage determination. The non-federal entity must report all suspected or
reported violations to the federal awarding agency. The contracts must also include a
provision for compliance with the Copeland "Anti -Kickback" Act (40 U.S.C. 3145), as
DHS-FEMA-HSGP-SHSP-FY22 Page 13 of 46 Franklin County Emergency Management, E23-092
5)
6)
7)
8)
9)
10)
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.
Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable,
all contracts awarded by the non-federal entity in excess of $100,000 that involve the
employment of mechanics or laborers must include a provision for compliance with 40 U.S.C.
3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under
40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every
mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of
the standard work week is permissible provided that the worker is compensated at a rate of
not less than one and a half times the basic rate of pay for all hours worked in excess of 40
hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction
work and provide that no laborer or mechanic must be required to work in surroundings or
under working conditions which are unsanitary, hazardous or dangerous. These
requirements do not apply to the purchases of supplies or materials or articles ordinarily
available on the open market, or contracts for transportation or transmission of intelligence.
Rights to Inventions Made Under a Contract or Agreement. If the federal award meets the
definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or Subrecipient
wishes to enter into a contract with a small business firm or nonprofit organization regarding
the substitution of parties, assignment or performance of experimental, developmental, or
research work under that "funding agreement," the recipient or Subrecipient must comply
with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants, Contracts and
Cooperative Agreements," and any implementing regulations issued by the awarding agency.
Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33
U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of
$150,000 must contain a provision that requires the non-federal award to agree to comply
with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42
U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C.
1251-1387). Violations must be reported to the federal awarding agency and the Regional
Office of the Environmental Protection Agency (EPA).
Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2
CFR 180.220) must not be made to parties listed on the government -wide exclusions in the
System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180
that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR
part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the
names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties
declared ineligible under statutory or regulatory authority other than Executive Order 12549.
Byrd Anti -Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award
exceeding $100,000 must file the required certification. Each tier certifies to the tier above
that it will not and has not used federal appropriated funds to pay any person or organization
for influencing or attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of Congress in
connection with obtaining any federal contract, grant or any other award covered by 31
U.S.C. 1352. Each tier must also disclose any lobbying with non-federal funds that takes
place in connection with obtaining any federal award. Such disclosures are forwarded from
tier to tier up to the non-federal award.
Procurement of recovered materials – As required by 2 CFR 200.323, a non-federal entity
that is a state agency or agency of a political subdivision of a state and its contractors must
comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act. The requirements of Section 6002 include procuring only
DHS-FEMA-HSGP-SHSP-FY22 Page 14 of 46 Franklin County Emergency Management, E23-092
items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part
247 that contain the highest percentage of recovered materials practicable, consistent with
maintaining a satisfactory level of competition, where the purchase price of the item exceeds
$10,000 or the value of the quantity acquired during the preceding fiscal year exceeded
$10,000; procuring solid waste management services in a manner that maximizes energy
and resource recovery; and establishing an affirmative procurement program for
procurement of recovered materials identified in the EPA guidelines.
11) Notice of federal awarding agency requirements and regulations pertaining to reporting.
12) Federal awarding agency requirements and regulations pertaining to copyrights and rights in
data.
13) Access by the Department, the Subrecipient, the federal awarding agency, the Comptroller
General of the United States, or any of their duly authorized representatives to any books,
documents, papers, and records of the contractor which are directly pertinent to that specific
contract for the purpose of making audit, examination, excerpts, and transcriptions.
14) Retention of all required records for six years after the Subrecipient has made final payments
and all other pending matters are closed.
15) Mandatory standards and policies relating to energy efficiency which are contained in the
state energy conservation plan issued in compliance with the Energy Policy and
Conservation Act (Pub. L. 94-163, 89 Stat. 871).
16) Pursuant to Executive Order 13858 "Strengthening Buy -American Preferences for
Infrastructure Projects," and as appropriate and to the extent consistent with law, the non -
Federal entity should, to the greatest extent practicable under a Federal award, provide a
preference for the purchase, acquisition, or use of goods, products, or materials produced in
the United States, as required in 2 CFR Part 200.322, in every contract, subcontract,
purchase order, or sub -award that is chargeable against federal financial assistance awards.
17) Per 2 C.F.R. § 200.216, prohibitions regarding certain telecommunications and video
surveillance services or equipment are mandated by section 889 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2099 (FY 2019 NDAA), Pub. L. No. 115-
232(2018).
b. The Department reserves the right to review the Subrecipient's procurement plans and
documents and require the Subrecipient to make changes to bring its plans and documents into
compliance with the requirements of 2 CFR Part 200.317 through 200.327. The Subrecipient
must ensure that its procurement process requires contractors and subcontractors to provide
adequate documentation with sufficient detail to support the costs of the project and to allow both
the Subrecipient and Department to make a determination on eligibility of project costs.
C. All contracting agreements entered into pursuant to this Agreement shall incorporate this
Agreement by reference.
A.11 DISCLOSURE
The use or disclosure by any party of any information concerning the Department for any purpose not
directly connected with the administration of the Department's or the Subrecipient's responsibilities with
respect to services provided under this Agreement is prohibited except by prior written consent of the
Department or as required to comply with the state Public Records Act, other law or court order.
A.12 DISPUTES
Except as otherwise provided in this Agreement, when a bona fide dispute arises between the parties
and it cannot be resolved through discussion and negotiation, either party may request a dispute
resolution board to resolve the dispute. A request for a dispute resolution board shall be in writing, state
the disputed issues, state the relative positions of the parties, and be sent to all parties. The board shall
consist of a representative appointed by the Department, a representative appointed by the Subrecipient
and a third party mutually agreed upon by both parties. The determination of the dispute resolution board
shall be final and binding on the parties hereto. Each party shall bear the cost for its member of the
dispute resolution board and its attorney fees and costs and share equally the cost of the third board
member.
DHS-FEMA-HSGP-SHSP-FY22 Page 15 of 46 Franklin County Emergency Management, E23-092
A.13 LEGAL RELATIONS_
It is understood and agreed that this Agreement is solely for the benefit of the parties to the Agreement
and gives no right to any other party. No joint venture or partnership is formed as a result of this
Agreement.
To the extent allowed by law, the Subrecipient, its successors or assigns, will protect, save and hold
harmless the Department, the state of Washington, and the United States Government and their
authorized agents and employees, from all claims, actions, costs, damages or expenses of any nature
whatsoever by reason of the acts or omissions of the Subrecipient, its subcontractors, subrecipients,
assigns, agents, contractors, consultants, licensees, invitees, employees or any person whomsoever
arising out of or in connection with any acts or activities authorized by this Agreement.
To the extent allowed by law, the Subrecipient further agrees to defend the Department and the state of
Washington and their authorized agents and employees in any litigation; including payment of any costs
or attorneys' fees for any claims or action commenced thereon arising out of or in connection with acts
or activities authorized by this Agreement.
This obligation shall not include such claims, costs, damages or expenses which may be caused by the
sole negligence of the Department; provided, that if the claims or damages are caused by or result from
the concurrent negligence of (1) the Department, and (2) the Subrecipient, its agents, or employees, this
indemnity provision shall be valid and enforceable only to the extent of the negligence of the Subrecipient,
or the Subrecipient's agents or employees.
Insofar as the funding source, FEMA, is an agency of the Federal government, the following shall apply:
44 CFR 206.9 Non -liability. The Federal government shall not be liable for any claim based upon the
exercise or performance of, or the failure to exercise or perform a discretionary function or duty on the
part of a federal agency or an employee of the Federal government in carrying out the provisions of the
Stafford Act.
A.14 LIMITATION OF AUTHORITY — AUTHORIZED SIGNATURE
The signatories to this Agreement represent that they have the authority to bind their respective
organizations to this Agreement. Only the Department's Authorized Signature representative and the
Authorized Signature representative of the Subrecipient or Alternate for the Subrecipient, formally
designated in writing, shall have the express, implied, or apparent authority to alter, amend, modify, or
waive any clause or condition of this Agreement. Any alteration, amendment, modification, or waiver of
any clause or condition of this Agreement is not effective or binding unless made in writing and signed
by both parties' Authorized Signature representatives, except as provided for time extensions in Article
A.3.
Further, only the Authorized Signature representative or Alternate for the Subrecipient shall have
signature authority to sign reimbursement requests, time extension requests, amendment and
modification requests, requests for changes to projects or work plans, and other requests, certifications
and documents authorized by or required under this Agreement.
A.15 LOSS OR REDUCTION OF FUNDING
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
after the effective date of this Agreement and prior to normal completion or end date, the Department
may unilaterally reduce the work plan and budget or unilaterally terminate all or part of the Agreement as
a "Termination for Cause" without providing the Subrecipient an opportunity to cure. Alternatively, the
parties may renegotiate the terms of this Agreement under "Amendments and Modifications" to comply
with new funding limitations and conditions, although the Department has no obligation to do so.
A.16 NONASSIGNABILITY
Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by
the Subrecipient.
A.17 NONDISCRIMINATION
During the performance of this agreement, the Subrecipient shall comply with all federal and state
nondiscrimination statutes and regulations. These requirements include, but are not limited to:
a. Nondiscrimination in Employment: The Contractor shall not discriminate against any employee or
applicant for employment because of race, color, sex, sexual orientation, religion, national origin,
creed, marital status, age, Vietnam era or disabled veterans status, or the presence of any sensory,
DHS-FEMA-HSGP-SHSP-FY22 Page 16 of 46 Franklin County Emergency Management, E23-092
mental, or physical handicap. This requirement does not apply, however, to a religious corporation,
association, educational institution or society with respect to the employment of individuals of a
particular religion to perform work connected with the carrying on by such corporation, association,
educational institution or society of its activities.
b. The Subrecipient shall take action to ensure that employees are employed and treated during
employment without discrimination because of their race, color, sex, sexual orientation religion,
national origin, creed, marital status, age, Vietnam era or disabled veteran status, or the presence of
any sensory, mental, or physical handicap. Such action shall include, but not be limited to, the
following: Employment, upgrading, demotion, or transfer, recruitment or recruitment selection for
training, including apprenticeships and volunteers.
A.18 NOTICES
The Subrecipient shall comply with all public notices or notices to individuals required by applicable local,
state and federal laws and regulations and shall maintain a record of this compliance.
A.19 OCCUPATIONAL SAFETY/HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/HEALTH ACT
L SHA/WISHA
The Subrecipient represents and warrants that its workplace does now or will meet all applicable federal
and state safety and health regulations that are in effect during the Subrecipient's performance under this
Agreement. To the extent allowed by law, the Subrecipient further agrees to indemnify and hold harmless
the Department and its employees and agents from all liability, damages and costs of any nature,
including, but not limited to, costs of suits and attorneys' fees assessed against the Department, as a
result of the failure of the Subrecipient to so comply.
A.20 OWNERSHIP OF PROJECT/CAPITAL FACILITIES
The Department makes no claim to any capital facilities or real property improved or constructed with
funds under this Agreement, and by this subaward of funds does not and will not acquire any ownership
interest or title to such property of the Subrecipient. The Subrecipient shall assume all liabilities and
responsibilities arising from the ownership and operation of the project and agrees to indemnify and hold
the Department, the state of Washington, and the United States government harmless from any and all
causes of action arising from the ownership and operation of the project.
A.21 POLITICAL ACTIVITY
No portion of the funds provided herein shall be used for any partisan political activity or to further the
election or defeat of any candidate for public office or influence the approval or defeat of any ballot issue.
A.22 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION
The assistance provided under this Agreement shall not be used in payment of any bonus or commission
for the purpose of obtaining approval of the application for such assistance or any other approval or
concurrence under this Agreement provided, however, that reasonable fees or bona fide technical
consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if
otherwise eligible as project costs.
A.23 PUBLICITY
The Subrecipient agrees to submit to the Department prior to issuance all advertising and publicity
matters relating to this Agreement wherein the Department's name is mentioned, or language used from
which the connection of the Department's name may, in the Department's judgment, be inferred or
implied. The Subrecipient agrees not to publish or use such advertising and publicity matters without the
prior written consent of the Department. The Subrecipient may copyright original work it develops in the
course of or under this Agreement; however, pursuant to 2 CFR Part 200.315, FEMA reserves a royalty -
free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize
others to use the work for government purposes.
Publication resulting from work performed under this Agreement shall include an acknowledgement of
FEMA's financial support, by the Assistance Listings Number (formerly CFDA Number), and a statement
that the publication does not constitute an endorsement by FEMA or reflect FEMA's views.
A.24 RECAPTURE PROVISION
In the event the Subrecipient fails to expend funds under this Agreement in accordance with applicable
federal, state, and local laws, regulations, and/or the provisions of the Agreement, the Department
reserves the right to recapture funds in an amount equivalent to the extent of noncompliance. Such right
DHS-FEMA-HSGP-SHSP-FY22 Page 17 of 46 Franklin County Emergency Management, E23-092
of recapture shall exist for the life of the project following Agreement termination. Repayment by the
Subrecipient of funds under this recapture provision shall occur within 30 days of demand. In the event
the Department is required to institute legal proceedings to enforce the recapture provision, the
Department shall be entitled to its costs and expenses thereof, including attorney fees from the
Subrecipient.
A.25 RECORDS
a. The Subrecipient agrees to maintain all books, records, documents, receipts, invoices and all
other electronic or written records necessary to sufficiently and properly reflect the Subrecipient's
contracts, subawards, grant administration, and payments, including all direct and indirect
charges, and expenditures in the performance of this Agreement (the "records").
b. The Subrecipient's records related to this Agreement and the projects funded may be inspected
and audited by the Department or its designee, by the Office of the State Auditor, DHS, FEMA or
their designees, by the Comptroller General of the United States or its designees, or by other
state or federal officials authorized by law, for the purposes of determining compliance by the
Subrecipient with the terms of this Agreement and to determine the appropriate level of funding
to be paid under the Agreement.
C. The records shall be made available by the Subrecipient for such inspection and audit, together
with suitable space for such purpose, at any and all times during the Subrecipient's normal
working day.
d. The Subrecipient shall retain and allow access to all records related to this Agreement and the
funded project(s) for a period of at least six (6) years following final payment and closure of the
grant under this Agreement. Despite the minimum federal retention requirement of three (3) years,
the more stringent State requirement of six (6) years must be followed.
A.26 RESPONSIBILITY FOR PROJECT/STATEMENT OF WORK/WORK PLAN
While the Department undertakes to assist the Subrecipient with the project/statement of work/work plan
(project) by providing federal award funds pursuant to this Agreement, the project itself remains the sole
responsibility of the Subrecipient. The Department undertakes no responsibility to the Subrecipient, or to
any third party, other than as is expressly set out in this Agreement.
The responsibility for the design, development, construction, implementation, operation and maintenance
of the project, as these phrases are applicable to this project, is solely that of the Subrecipient, as is
responsibility for any claim or suit of any nature by any third party related in any way to the project.
Prior to the start of any construction activity, the Subrecipient shall ensure that all applicable federal,
state, and local permits and clearances are obtained, including, but not limited to, FEMA compliance with
the National Environmental Policy Act, the National Historic Preservation Act, the Endangered Species
Act, and all other environmental laws, regulations, and executive orders,
The Subrecipient shall defend, at its own cost, any and all claims or suits at law or in equity, which may
be brought against the Subrecipient in connection with the project. The Subrecipient shall not look to the
Department, or to any state or federal agency, or to any of their employees or agents, for any
performance, assistance, or any payment or indemnity, including, but not limited to, cost of defense
and/or attorneys' fees, in connection with any claim or lawsuit brought by any third party related to any
design, development, construction, implementation, operation and/or maintenance of a project.
A.27 SEVERABILITY
If any court of rightful jurisdiction holds any provision or condition under this Agreement or its application
to any person or circumstances invalid, this invalidity does not affect other provisions, terms or conditions
of the Agreement, which can be given effect without the invalid provision. To this end, the terms and
conditions of this Agreement are declared severable.
A.28 SINGLE AUDIT ACT REQUIREMENTS (including all AMENDMENTS)
The Subrecipient shall comply with and include the following audit requirements in any subawards.
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"
DHS-FEMA-HSGP-SHSP-FY22 Page 18 of 46 Franklin County Emergency Management, E23-092
means a state, local government, Indian tribe, institution of higher education, or nonprofit organization
that carries out a federal award as a recipient or subrecipient.
Subrecipients that are required to have an audit must ensure the audit is performed in accordance with
Generally Accepted Government Auditing Standards (GAGAS) as found in the Government Auditing
Standards (the Revised Yellow Book) developed by the United States Comptroller General and the OMB
Compliance Supplement. The Subrecipient has the responsibility of notifying its auditor and requesting
an audit in compliance with 2 CFR Part 200 Subpart F, to include the Washington State Auditor's Office,
a federal auditor, or a public accountant performing work using 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 ensure that any subcontractors also maintain auditable records. The Subrecipient is responsible
for any audit exceptions incurred by its own organization or that of its subcontractors. Responses to any
unresolved management findings and disallowed or questioned costs shall be included with the audit
report. The Subrecipient must respond to Department requests for information or corrective action
concerning audit issues or findings within 30 days of the date of request. The Department reserves the
right to recover from the Subrecipient all disallowed costs resulting from the audit.
After the single audit has been completed, and if it includes any audit findings, the Subrecipient must
send a full copy of the audit and its Corrective Action Plan to the Department at the following address no
later than nine (9) months after the end of the Subrecipient's fiscal year(s):
Contracts Office
Washington Military Department
Finance Division, Building #1 TA -20
Camp Murray, WA 98430-5032
OR
Contracts.Offi_ce(d_�mii.wa.gov
The Department retains the sole discretion to determine whether a valid claim for an exemption from the
audit requirements of this provision has been established.
Conducting a single or program -specific audit in compliance with 2 CFR Part 200 Subpart F is a material
requirement of this Agreement. In the absence of a valid claim of exemption from the audit requirements
of 2 CFR Part 200 Subpart F, the Subrecipient's failure to comply with said audit requirements may result
in one or more of the following actions in the Department's sole discretion: a percentage of federal awards
being withheld until the audit is completed in accordance with 2 CFR Part 200 Subpart F; the withholding
or disallowing of overhead costs; the suspension of federal awards until the audit is conducted and
submitted; or termination of the federal award.
A.29 SUBRECIPIENT NOT EMPLOYEE
The Subrecipient, and/or employees or agents performing under this Agreement, are not employees or
agents of the Department in any manner whatsoever. The Subrecipient will not be presented as nor
claim to be an officer or employee of the Department or of the State of Washington by reason hereof, nor
will the Subrecipient make any claim, demand, or application to or for any right, privilege or benefit
applicable to an officer or employee of the Department or of the State of Washington, including, but not
limited to, Workers' Compensation coverage, unemployment insurance benefits, social security benefits,
retirement membership or credit, or privilege or benefit which would accrue to a civil service employee
under Chapter 41.06 RCW; OFM Reg. 4.3.1.1.8.
It is understood that if the Subrecipient is another state department, state agency, state university, state
college, state community college, state board, or state commission, that the officers and employees are
employed by the State of Washington in their own right.
If the Subrecipient is an individual currently employed by a Washington State agency, the Department
shall obtain proper approval from the employing agency or institution before entering into this contract.
A statement of "no conflict of interest" shall be submitted to the Department.
A.30 TAXES. FEES AND LICENSES
Unless otherwise provided in this Agreement, the Subrecipient shall be responsible for, pay and maintain
in current status all taxes, unemployment contributions, fees, licenses, assessments, permit charges and
DHS-FEMA-HSGP-SHSP-FY22 Page 19 of 46 Franklin County Emergency Management, E23-092
expenses of any other kind for the Subrecipient or its staff required by statute or regulation that are
applicable to Agreement performance.
A.31 TERMINATION FOR CONVENIENCE
Notwithstanding any provisions of this Agreement, the Subrecipient may terminate this Agreement by
providing written notice of such termination to the Department Key Personnel identified in the Agreement,
specifying the effective date thereof, at least thirty (30) days prior to such date.
Except as otherwise provided in this Agreement, the Department, in its sole discretion and in the best
interests of the state of Washington, may terminate this Agreement in whole or in part ten (10) business
days after emailing notice to the Subrecipient. Upon notice of termination for convenience, the
Department reserves the right to suspend all or part of the Agreement, withhold further payments, or
prohibit the Subrecipient from incurring additional obligations of funds. In the event of termination, the
Subrecipient shall be liable for all damages as authorized by law. The rights and remedies of the
Department provided for in this section shall not be exclusive and are in addition to any other rights and
remedies provided by law.
A.32 TERMINATION OR SUSPENSION FOR LOSS OF FUNDING
The Department may unilaterally terminate or suspend all or part of this Grant Agreement, or may reduce
its scope of work and budget, if there is a reduction in funds by the source of those funds, and if such
funds are the basis for this Grant Agreement. The Department will email the Subrecipient ten (10)
business days prior to termination.
A.33 TERMINATION OR SUSPENSION FOR CAUSE
In the event the Department, in its sole discretion, determines the Subrecipient has failed to fulfill in a
timely and proper manner its obligations under this Agreement, is in an unsound financial condition so
as to endanger performance hereunder, is in violation of any laws or regulations that render the
Subrecipient unable to perform any aspect of the Agreement, or has violated any of the covenants,
agreements or stipulations of this Agreement, the Department has the right to immediately suspend or
terminate this Agreement in whole or in part.
The Department may notify the Subrecipient in writing of the need to take corrective action and provide
a period of time in which to cure. The Department is not required to allow the Subrecipient an opportunity
to cure if it is not feasible as determined solely within the Department's discretion. Any time allowed for
cure shall not diminish or eliminate the Subrecipient's liability for damages or otherwise affect any other
remedies available to the Department. If the Department allows the Subrecipient an opportunity to cure,
the Department shall notify the Subrecipient in writing of the need to take corrective action. If the
corrective action is not taken within ten (10) calendar days or as otherwise specified by the Department,
or if such corrective action is deemed by the Department to be insufficient, the Agreement may be
terminated in whole or in part.
The Department reserves the right to suspend all or part of the Agreement, withhold further payments,
or prohibit the Subrecipient from incurring additional obligations of funds during investigation of the
alleged compliance breach, pending corrective action by the Subrecipient, if allowed, or pending a
decision by the Department to terminate the Agreement in whole or in part.
In the event of termination, the Subrecipient shall be liable for all damages as authorized by law, including,
but not limited to, any cost difference between the original Agreement and the replacement or cover
Agreement and all administrative costs directly related to the replacement Agreement, e.g., cost of
administering the competitive solicitation process, mailing, advertising and other associated staff time.
The rights and remedies of the Department provided for in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law.
If it is determined that the Subrecipient: (1) was not in default or material breach, or (2) failure to perform
was outside of the Subrecipient's control, fault or negligence, the termination shall be deemed to be a
termination for convenience.
A.34 TERMINATION PROCEDURES
In addition to the procedures set forth below, if the Department terminates this Agreement, the
Subrecipient shall follow any procedures specified in the termination notice. Upon termination of this
Agreement and in addition to any other rights provided in this Agreement, the Department may require
DHS-FEMA-HSGP-SHSP-FY22 Page 20 of 46 Franklin County Emergency Management, E23-092
the Subrecipient to deliver to the Department any property specifically produced or acquired for the
performance of such part of this Agreement as has been terminated.
If the termination is for convenience, the Department shall pay to the Subrecipient as an agreed upon
price, if separately stated, for properly authorized and completed work and services rendered or goods
delivered to and accepted by the Department prior to the effective date of Agreement termination, the
amount agreed upon by the Subrecipient and the Department for (i) completed work and services and/or
equipment or supplies provided for which no separate price is stated, (ii) partially completed work and
services and/or equipment or supplies provided which are accepted by the Department, (iii) other work,
services and/or equipment or supplies which are accepted by the Department, and (iv) the protection and
preservation of property.
Failure to agree with such amounts shall be a dispute within the meaning of the "Disputes" clause of this
Agreement. If the termination is for cause, the Department shall determine the extent of the liability of the
Department. The Department shall have no other obligation to the Subrecipient for termination. The
Department may withhold from any amounts due the Subrecipient such sum as the Department
determines to be necessary to protect the Department against potential loss or liability.
The rights and remedies of the Department provided in this Agreement shall not be exclusive and are in
addition to any other rights and remedies provided by law.
After receipt of a notice of termination, and except as otherwise directed by the Department in writing,
the Subrecipient shall:
a. Stop work under the Agreement on the date, and to the extent specified, in the notice;
b. Place no further orders or contracts for materials, services, supplies, equipment and/or facilities
in relation to this Agreement except as may be necessary for completion of such portion of the
work under the Agreement as is not terminated;
C. Assign to the Department, in the manner, at the times, and to the extent directed by the
Department, all of the rights, title, and interest of the Subrecipient under the orders and contracts
so terminated, in which case the Department has the right, at its discretion, to settle or pay any
or all claims arising out of the termination of such orders and contracts;
d. Settle all outstanding liabilities and all claims arising out of such termination of orders and
contracts, with the approval or ratification of the Department to the extent the Department may
require, which approval or ratification shall be final for all the purposes of this clause;
e. Transfer title to the Department and deliver in the manner, at the times, and to the extent directed
by the Department any property which, if the Agreement had been completed, would have been
required to be furnished to the Department;
f. Complete performance of such part of the work as shall not have been terminated by the
Department in compliance with all contractual requirements; and
g. Take such action as may be necessary, or as the Department may require, for the protection and
preservation of the property related to this Agreement which is in the possession of the
Subrecipient and in which the Department has or may acquire an interest.
A.35 MINORITY AND WOMEN -OWNED_ BUSINESS ENTERPRISES
In accordance with the legislative findings and policies set forth in Chapter 39.19 RCW, the State of
Washington encourages participation in all its contracts by MWBE firms certified by the Office of Minority
and Women's Business Enterprises (OMWBE). To the extent possible, the Subrecipient will solicit and
encourage minority-owned and women -owned business enterprises who are certified by the OMWBE
under the state of Washington certification program to apply and compete for work under this contract.
Voluntary numerical MWBE participation goals have been established, and are indicated herein: Minority
Business Enterprises: (MBE's): 10% and Woman's Business Enterprises (WBE's): 6%.
A.36 VENUE
This Agreement shall be construed and enforced in accordance with, and the validity and performance
shall be governed by, the laws of the state of Washington. Venue of any suit between the parties arising
out of this Agreement shall be the Superior Court of Thurston County, Washington. The Subrecipient, by
execution of this Agreement, acknowledges the jurisdiction of the courts of the state of Washington.
DHS-FEMA-HSGP-SHSP-FY22 Page 21 of 46 Franklin County Emergency Management, E23-092
A.37 WAIVERS
No conditions or provisions of this Agreement can be waived unless approved in advance by the
Department in writing. The Department's failure to insist upon strict performance of any provision of the
Agreement or to exercise any right based upon a breach thereof, or the acceptance of any performance
during such breach, shall not constitute a waiver of any right under this Agreement.
DHS-FEMA-HSGP-SHSP-FY22 Page 22 of 46 Franklin County Emergency Management, E23-092
Acari Letter
Bret Daugherty
Washington Military Department
Building 20
Camp Murray, WA98430 - 5122
Re: Grant No.EMW-2022-SS-00056
Dear Bret Daugherty.
Attachment C
22HSGP Award Letter
EMW-2022-SS-00066-S01
U.S. Department of Homeland Security
Washington, D C 20472
Congratulations, on behalf of the Department of Homeland Security, your application for financial assistance submitted under
the Fiscal Year (FY) 2022 Homeland Security Grant Program has been approved in the amount of $13,905,347.00. 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 terms of your
award:
• Agreement Articles (attached to this Award Letter)
• Obligating Document (attached to this Award Letter)
• FY 2022 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:fportal.fema.gov.
Step 2: After logging in, you will see the Home page with a Pending Tasks menu. Click on the Pending Tasks menu, select the
Application sub -menu, and then click the link for "Award Offer Review' tasks. This Iinkwill navigate you to Award Packages
that are pending review.
Step 3: Click the Review Award Package icon (wrench) to review the Award Package and accept or decline the award. Please
save or print the Award Package for your records.
System far Award Management (SAM): Grant recipients are to keep all of their information up to date in SAM, in particular,
you, organization's name, address. Unique Entity Identifier (UEI) number,EIN end banking information. Please ensure chat
the UEI number used in SAM is the same one used to applyfor all FEMAawards. Future paymentswill be contingent on the
information provided in the SAM, therefore, it is imperative that the rnfotmation is correct. The System far Award Management
is located at r-tE;)J vor6o_sam
If you have any questions or have updated your information in SAM, please let your Grants Management Specialist (GMS)
know as soon as possible. This will help us to make the necessary updates and avoid any interruptions in the payment
process.
DHS-FEMA-HSGP-SHSP-FY22 Page 23 of 46 Franklin County Emergency Management, E23-092
Pamela S. Williams
Assistant Administrator
Grant Programs Directorate
PAMELA SUSAN WILLIAMS
DHS-FEMA-HSGP-SHSP-FY22 Page 24 of 46 Franklin County Emergency Management, E23-092
Agr"mewt Articles
Thu 'Sep 0100:110:00 GMT ;?022
U.S. Department of Homeland Security
g
Washington, D.0 20472
LYG
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�F1't.vn J��
AGREEMENT ARTICLES
Homeland Security Grant Program
GRANTEE: Washington Military Department
PROGRAM: Homeland Security Grant Program
AGREEMENT NUMBER: EMW-2022-SS-00056-501
TABLE OF CONTENTS
Article I
Summary Description of Award
Article II
DHS Standard Terms and Conditions Generally
Article III
Assurances, Administrative Requirements, Cost Principles,
Representations and Certifications
Article IV
Genera IAcknowledgements and Assurances
Article V
Acknowledgement of Federal Funding from DHS
Article VI
Activities Conducted Abroad
Article VII
Age Discrimination Act of 1975
Article VIII
Americans with Disabilities Act of 1990
Article IX
Best Practices for Collection and Use of Personally
Identifiable Information
Article X
Civil Rights Act of 1964 - Title VI
Article XI
Civil Rights Act of 1968
Article XII
Copyright
Article XIII
Debarment and Suspension
DHS-FEMA-HSGP-SHSP-FY22 Page 25 of 46 Franklin County Emergency Management, E23-092
Article XIV
Article XV
Article XVI
Article XVII
Article XVIII
Article XIX
Article XX
Article XXI
Article XXII
Article MI
Article XXIV
Article XXV
Article )(XVI
Article XXVI I
Article XXVIII
Article XXIX
Article XXX
Article XXXI
Article )WU I
Article XXXI II
Article )=IV
Article XXXV
Drug -Free Workplace Regulations
Duplication of Benefits
Education Amendments of 1972 (Equal Opportunity in
Education Act) - Title IX
Energy Policy and Conservation Act
False Claims Act and Program Fraud Civil Remedies
Federal Debt Status
Federal Leadership on Reducing Text Messaging while
Driving
Fly America Act of 1974
Hotel and Motel Fire Safety Act of 1990
John S. McCain National Defense Authorization Act of Fiscal
Year 2019
Limited English Proficiency (Civil Rights Act of 1964 - Title VI)
Lobbying Prohibitions
National Environmental Policy Act
Nondiscrimination in Matters Pertaining to Faith -Based
Organizations
Non -Supplanting Requirement
Notice of Funding Opportunity Requirements
Patents and Intellectual Property Rights
Procurement of Recovered Materials
Rehabilitation Act of 1973
Reporting of Matters Related to Recipient Integrity and
Performance
Reporting Subawards and Executive Compensation
Required Use of American Iron, Steel, Manufactured
Products, and Construction Materials
DHS-FEMA-HSGP-SHSP-FY22 Page 26 of 46 Franklin County Emergency Management, E23-092
Article XXXVI
Article XXXVII
Article XXXVII I
Article XXXI
Article XL
Article XLI
Article XLII
Article XLIII
Article XLIV
Article XLV
Article XLVI
Article XLVII
Article XLVIII
Article XLIX
Article L
Article LI
Article I - Summary Description of Award
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
Acceptance of Post Award Changes
Disposition of Equipment Acquired Under the Federal Award
Prior Approval for Modification of Approved Budget
Indirect Cost Rate
HSGP Performance Goal
Operation Stonegarden Program Hold
OPSG Program Performance Goal
The purpose of the FY 2022 HSGP is to support state and local efforts to prevent terrorism and other catastrophic events and
to prepare the Nation for the threats and hazards that pose the greatest risk to the security of the United States, The HSGP
provides funding to implement investments that build, sustain, and deliver the 32 core capabilities essential to achieving the
National Preparedness Goal of a secure and resilient Nation Among the five basic homeland security missions noted in the
DHS Quadrennial Homeland Security Review. HSGP supports the goal to Strengthen Nationai Preparedness and Resilience.
The building, sustainment, and delivery of these core capabilities 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 arnr ount of $6,250,000 (Seattle Area, $6,250,000), and Operation Stonegarden (OPSG) funding in the amount
of $1,464,400. The following counties shall receive OPSG subawards for the following amounts: Adams, $75,000; Clailam,
$100,000; Ferry, $112,500; Island, $100,000; Lower Elwha Tribe, $75,000; Makah Tribe, $75,000; Nooksack, $99,000,-
Okanogan,
99,000;Okanogan, $100,000; Pend Oreille, $150,000; San Juan, $100,000, Spokane, $155,000; Stevens, $150,000; Swinomish
Tribe, $72,900; Whatcom, $100,000. These grant programs fund a range of activities, including planning, organization,
equipment purchase, training, exercises, and management and administration across all core capabilities and mission areas
Article II - DHS Standard Terms and Conditions Generally
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The Fiscal Year (FY) 2022 DHS Standard Terms and Conditions apply to all new federal financial assistance awards funded
in FY 2022. These terms a rid 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 letilslation and digital resources are referenced with no digital links. The FY 2022 DHS Standard Terms and Conditions will
be housed on dhs.gov atwww.dhs.gov/publication/fy15-dhs-standard-terms-and-conditions.
Article III - Assurances, Administrative Requirements, Cost Principles, Representations and Certifications
I. DHS financial assistance recipients must complete either the Office of Management and Budget (OMB) Standard Form
424B Assurances - Non -Construction Programs, or OMB Standard Form 424D Assurances - Construction Programs, as
applicable. Certain assurances in these documents may not be applicable to your program, and the DHS financial assistance
office (DHS FAO) may require applicants to certify additional assurances .Applicants are required to fill out the assurances as
instructed by the awarding agency.
II. DHS financial assistance recipients are required to follow the applicable provisions of the Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards located at Title 2, Code of Federal Regulations
(C.F.R.) Part 200 and adopted by DHS at 2 C.F.R. Part 3002.
III. By accepting this agreement,recipients, andtheirexecutives,as defined in 2 C.F. R.section170.315, certifythat their policies
are in accordance with OMB's guidance located at 2 C.F.R. Part 200, all applicable federal laws, and relevant Executive
guidance.
Article IV - General Acknowledgements and Assurances
All recipierrrs, subrecipients, successors, transferees, and assignees must acknowledge and agree to comply with applicable
provisions governing DHS access to records, accounts, documents, Information, facilities, and staff.
I. Recipients must cooperate with any DHS compliance reviews or compliance investigations conducted by DNS.
II. Recipients must give DHS access to examine and copy records, accounts, and other documents and sources of information
related to the federal financial assistance award and permit access to facilities or personne3_
III. 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) of federal financial
assistance from DHS or one of its awarding component agencies must complete the DHS Civil Rights Evaluation Tool
within thirty (30) days of receipt of the Notice of Award for the first award under which this term applies. Recipients of
multiple awards of DHS financial assistance should only submit one completed tool for their organization, not per award.
After the initial submission, recipients are required to complete the tool once every two (2) years if they have an active
award, not every time an award is made. Recipients should submit the completed tool, including supporting materials, to
CivilRightsEvaluation@hq.dhs.gov. This tool clarifies the civil rights obligations and related reporting requirements contained
in the DHS Standard Terms and Conditions. Subrecipients are not required to complete and submit this tool to DHS. The
evaluation tool can be found at https:/iwww.dhs.gov/publicatiorl/dhs-civil-rights-evaluation-tool.
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
CivilRightsEvaluation@hq.dhs.gov prior to expiration of the 30 -day deadline.
Article V - Acknowledgement of Federal Funding from DHS
Recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposal, bid
invitations, and other documents describing projects or programs funded in whole or in part with federal funds.
Article Vi - Activities Conducted Abroad
Recipients must ensure that project activities performed outside the United States are coordinated as necessary with
appropriate government authorities and that appropriate licenses, permits, or approvals are obtained.
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Article VII - Age Discrimination Act of 1875
Recipients must comply with the requirements of the Age Discrimination Act of 1975, Public Law 94-135 (1975) (codified as
amended at Title 42, U.S. Code, section 6101 et seq.), which prohibits discrimination on the basis of age in any program or
activity receiving federal financial assistance.
Article VIII - Americans with Disabilities Act of 1880
Recipients must comply with rhe requirements of Titles I, ll, and III of the Americans with Disabilities Act, Pub. L. 101-336
(1990) (codified as amended at 42 U.S.C. sections 12101 -12213), which prohibits recipients from discriminating on the basis
of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and
certain testing entities.
Article IX - Best Practices for Collection and Use of Personally Identifiable Information
Recipients wno collect personally idenGfiabie information (PII) are required to have a publicly available privacy policy that
describes standards on the usage and maintenance of the PII 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 X - Civil Rights Act of 1964 - Title VI
Recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964 (codified as amended at 42 U.S.C.
section 2000d et seq.), which provides that no person in the United States will, on the grounds of race, color, or national origin,
be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity
receiving federal financial assistance. DHS implementing regulations for the Act are found at 6 C.F.R. Part 21 and 44 C.F.R.
Part 7.
Article XI - Civil Rights Act of 1968
Recipients must comply with Title VIII of the Civil Rights Act of 1968, Pub. L. 90-284, as amended through Pub, L. 113-4,
which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of
services in connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex (see
42 U,S.C. section 3601 et seq.), as implemented by the U.S. Department of Housing and Urban Development at 24 C.F.R.
Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more
dwelling units - i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and
ground -floor units in buildings without elevators) - be designed and constructed with certain accessible features (See 24
C.F.R. Part 100, Subpart D.)
Article XII - 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 XIII - Debarment and Suspension
Recipients are subject to the non -procurement debarment and suspension regulations implementing Executive Orders (E.O )
12549 and 12689, which are at 2 C.F R Part 180 as adopted by DHS at 2 C.F.R. Part 3002. These regulations restrict
reoeral financial assistance awards, surmwards. and contracts with certain parties that are debarred, suspended, or otherwise
excluded from or ineligible for participation in federal assistance programs or activities.
Article XIV - 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
Workplace Act of 1988 (41 U.S.C. sections 8101-8106).
Article XV - Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not
be charged to other federal financial assistance awards to overcome fund deficiencies; to avoid restrictions imposed by
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federal statutes, regulations, or federal financial assistance award terms and conditions; or for other reasons. However, these
prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with
existing federal statutes, regulations, or the federal financial assistance award terms and conditions.
Article XVI - Education Amendments of 1972 (Equal Opportunity in Education Act) - Title IX
Recipients must comply with the requirements of Title IX of the Education Amendments of 1972, Pub. L. 92-318 (1972)
(codified as amended at 20 U.S.C. section 1681 et seq.), which provide that no person in the United States will, on the basis
of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational
program or activity receiving federal financial assistance. DHS implementing regulations are codified at 6 C.F.R. Part 17 and
44 C.F.R. Part 19.
Article XVII - Energy Policy and Conservation Act
Recipients must comply with the requirements of the Energy Policy and Conservation Act, Pub. L. 94-163 (1975) (codified as
amended at 42 U.S.C. section 6201 et seq.), which contain policies relating to energy efficiency that are defined in the state
energy conservation plan issued in compliance with this Act,
Article XVIII - False Claims Act and Program Fraud Civil Remedies
Recipients must comply with the requirements of the False Claims Act, 31 U.S.C. sections 3729- 3733, which prohibit the
submission of false or fraudulent claims for payment to the Federal Government. (See 31 U.S.C. sections 3801-3812, which
details the administrative remedies for false claims and statements made.)
Article XIX - Federal Debt Status
All recipients are required to be non -delinquent in their repayment of any federal debt. Examples of relevant debt include
delinquent payroll and other taxes, audit disallowances, and benefit overpayments. (See OMB Circular A-129 )
Article XX - Federal Leadership on Reducing Text Messaging while Driving
Recipients are encouraged to adopt and enforce policies that ban text messaging while driving as described in E.O. 13513,
including conducting initiatives described in Section 3(a) of the Order when on official government business or when
performing any work for or on behalf of the Federal Government.
Article XXI - Fly America Act of 1974
Recipients must comply with Preference for U.S. Flag Air Carriers (air carriers holding certificates under 49 U.S.C.) for
international air transportation of people and property to the extent that such service is available, in accordance with the
International Air Transportation Fair Competitive Practices Act of 1974, 49 U.S,C. section 40118, and the interpretative
guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General
Decision B-138942.
Article XXII - Hotel and Motel Fire Safety Act of 1990
Recipients must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal
funds complies with the fire prevention and control guidelines of Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15
U. S.C. section 2225a.
Article XXIII - 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 200.216, 200.327, 200.471, and Appendix II to 2 C.F.R. Part 200, Beginning August 13, 2020, the statute
- as it applies to DHS recipients, subrecipients, and their contractors and subcontractors - prohibits obligating or expending
federal award funds on certain telecommunications and video surveillance products and contracting with certain entities for
national security reasons.
Article XXIV - Limited English Proficiency (Civil Rights Act of 1964 - Title VI)
Recipients must comply with Title VI of the Civil Rights Act of 1964, (42 U.S.C. section 2000d et seq.) prohibition against
discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable
steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services. For
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additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance:
https:/A ww.dhs,gov/guidance-published-help-department-supported-organtzations-provide-meaningful-access-people-limited
and additional resources on http://www.lep.gov.
Article XXV - Lobbying Prohibitions
Recipients must comply with 31 U.S.C. section 1352, which provides that none of the funds provided under a federal financial
assistance award may be expended by the recipient to pay any person to influence or attempt to influence an officer of
employee of any agency, a Member of Congress, ari 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 XXVI - National Environmental Policy Act
Recipients must comply with the requirements of the National Environmental Policy Act of 1969, (NEPA) Pub. L. 91-190
(1970) (codified as annended at 42 U_S C section 4321 et seq.) and the Council on Environmental Quality (CEO) Regulations
for Implementing the Procedural provisions of NEPA, which require recipients to use all practicable means within their
authority, and consistent with other essential l considerations of national policy, to create and maintain conditions under which
people and nature can exist in productive harmony and fulfill the social, economic, and other needs of present and future
generations of Americans.
Article XXVII - Nondiscrimination in Matters Pertaining to Faith -Based Organizations
It is DHS policy to ensure the equal treatment of faith -based organizations in social service programs administered or
supported by DHS or its component agencies, enabling those organizations to participate in providing important social
services to beneficiaries. Recipients must comely with the equal treatment policies and requirements contained in 6 C.F.R.
Part 19 and other applicable statues, regulations, and guidance governing the participations of faith -based organizations in
individual DHS programs
Article XXVIII - Non -Supplanting Requirement
Recipients receiving federal financial assistance awards made under programs that prohibit supplanting by law must ensure
that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non-federal
sources,
Article XXIX - Notice of Funding Opportunity Requirements
All the instructions, guidance, limitations, and other conditions set forth in the Notice of Funding Opportunity (NOFO) for this
program are incorporated here by reference in the award terms and conditions. All recipients must comply with any such
requirements set forth in the program NOFO.
Article XXX - Patents and Intellectual Property Rights
Recipients are subject to the Bayh-Dole Act, 35 U.S.C. section 200 et seq, unless otherwise provided by law. Recipients are
subject to the specific requirerronts governing the development, reporting, and disposition of rights to inventions and patents
resulting from federal financial assistance awards located at 37 C.F.R Part 401 and the standard patent rights clause located
at 37 C. F.R. section 401.14.
Article XXXI - Procurement of Recovered Materials
States, political subdivisions of states, and their contractors must comply with Section 6002 of the Solid Waste Disposal Act
Pub L 89-272 (1965), (codified as amended by the Resource Conservation and Recovery Act, 42 U S.0 section 6962.)
Tne requirements of Section 6002 include procuring only Items designated m guidelines of the Environmental Protection
Agency (EPA) at 40 C.F R Part 247 that contain the highest percentage of recovered materials practicable, consistent with
maintaining a satisfactory level of competition.
Article XXXII - Rehabilitation Act of 9973
Recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, Pub. L. 93-112 (1973) (codified
as amended at 29 U S C section 794), which provides that no otherwise qualified handicapped individuals in the United
States will, solely by reason of the handicap, be excluded from participation in be denied the benefits of, or be subjected to
discrimination under any program or activity receiving federal financial assistance.
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Article XXXIII - Reporting of Matters Related to Recipient Integrity and Performance
General Reporting Requirements:
If the total value of any currently active grants, cooperative agreements, and procurement contracts from all federal awarding
agencies exceeds $10,000,000 for any period of time during the period of performance or 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 rfonnanoe Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by
reference in the award terms and conditions.
Article XXXIV - Reporting Subawards and Executive Compensation
Reporting of first tier subawards:
Recipients are required to comply with the requirements set forth in the government -wide award term on Reporting Subawards
and Executive Compensation located at 2 C.F.R. Part 170, Appendix A, the full text of which is incorporated here by reference
in the award terms ana conditions
Article XXXV - Required Use of American Iron, Steel, Manufactured Products, and Construction Materials
Recipients and subrecipients must comply with the Build America, Buy America Act (BABAA), which was enacted as part
of the Infrastructure Investment and Jobs Act Sections 70901-70927, Pub. L. No. 117-58 (2021); and Executive Order
14005, Ensuring the Future is Made in All of America by All of America's Workers. See also Office of Management and
Budget (OMB), Memorandum M-22-11, Initial Implementation Guidance on Application of Buy America Preference in Federal
Financial Assistance Programs for Infrastructure.
Recipients and subrecipients of federal financial assistance programs for infrastructure are hereby notified that none of the
funds provided under this award may be used for a project for infrastructure unless:
(1) all iron and steel used in the project are produced in the United States --this means all manufacturing processes, from the
initial melting stage through the application of coatings, occurred in the United States;
(2) all manufactured products used in the project are produced in the United States --this means the manufactured product was
manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or
manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product,
unless another standard for determining the minimum amount of domestic content of the manufactured product has been
established under applicable law or regulation; and
(3) all construction materials are manufactured in the United States—this means that all manufacturing processes for the
construction material occurred in the United States.
The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or
affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding,
brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America
preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are
used at or within the finished infrastructure project, but are not an integral part of the structure or permanently affixed to the
infrastructure project.
Waivers
When necessary, recipients may apply for, and the agency may grant, a waiver from these requirements.
(a) When the federal agency has made a determination that one of the following exceptions applies, the awarding official may
waive the application of the domestic content procurement preference in any case in which the agency determines that -
(1) applying the domestic content procurement preference would be Inconsistent with the public interest,
(2) the types of iron, steel, manufactured products, or construction materials are not produced In the United States in
sufficient and reasonably available quantities or of a satisfactory quality; or
(3) the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase
the cost of the overall project by more than 25 percent.
A request to waive the application of the domestic content procurement preference must be in writing. The agency will provide
instructions on the format, contents, and supporting materials required for any waiver request. Waiver requests are subject to
public comment periods of no less than 15 days and must be reviewed by the OMB Made in America Office,
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There may be instances where an award qualifies, in whole or in part, for an existing waiver described. For awards by the
Federal Emergency Management Agency (FEMA), existing waivers are availade and the waiver process is described at
"Buy _America" Preference in FEMA Flnarn;ial A1,5slstanc- Prc� ws�J-nfr struo�u_re. FEMA,gay. For awards by other DHS
components, please contact the applicable DHS FAO.
To see whether a particular DHS federal financial assistance program is considered an infrastructure program and thus
required to include a Buy America preference, please either contact the applicable DHS FAO, or for FEMA awards, please
see Proc�rains_and Definitions Budd America, l3uy America ActJ EMA,gov
Article XXXVI - SAFECOM
Recipients receiving federal financial assistance awards made under programs that provide emergency communication
equipment and its reiated activities must comply with the SAFECOM Guidance for Emergency Communication Grants,
including provisions on technical standards that ensure and enhance interoperable communications.
Article XXXVII - Terrorist Financing
Recipients must comply with E.O. 13224 and U.S. laws that prohibit transactions with, and the provisions of resources and
support to, individuals and organizations associated with terrorism. Recipients are legally responsible to ensure compliance
with the Order and laws.
Article XXXVIII - Trafficking Victims Protection Act of 2000 (NPA)
Trafficking in Persons:
Recipients must comply with the requirements of the government -wide financial assistance award term which implements
Section 106 (g) of the Trafficking Victims Protection Act of 2000 (TVPA), codified as amended at 22 U.S.C. section 7104. The
award term is located at 2 C.F.R. section 175.15, the full text of which is incorporated here by reference.
Article XXXIX - Universal Identifier and System of Award Management
Requirements for System for Award Management and Unique Entity Identifier Recipients are required to comply with the
requirements set forth in the government -wide financial assistance award term regarding the System for Award Management
and Universal Identifier Requirements located at 2 C.F.R. Part 25, Appendix A, the full text of which is incorporated here by
reference.
Article XL - USA PATRIOT Act of 2001
Recipients must comply with requirements of Section 817 of the Uniting and Strengthening America by Providing Appropriate
Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act), which amends 18 U.S.C. sections
175-175c
Article XLI - Use of DHS Seal, Logo and Flags
Recipients must obtain permission from their DHS FAO prior to using the DHS seal(s), logos, crests or reproductions of flags
or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of
flags or likenesses of Coast Guard officials.
Article XLII - Whistleblower Protection Act
Recipients must comply with the statutory requirements for whistleblower protections (if applicable) at 10 U.S.0 section 2409,
41 U.S.C. section 4712, and 10 U.S.C. section 2324, 41 U.S.C. sections 4304 and 4310.
Article XLIII - Environmental Planning and Historic Preservation (EHP) Review
DHS/FEMA funded activities that may require an Environmental Planning and Historic Preservation (EHP) review are subject
to the FEMA EHP review process. This review does not address all federal, state, and local requirements. Acceptance of
federal funding requires the recipient to comply with all federal, state, and local laws.
DHS/FEMA is required to consider the potential impacts to natural and cultural resources of all projects funded by DHS/
FEMA grant funds, through its EHP review process, as 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. To access the FEMA EHP screening form and instructions, go to the DHS/FEMA website. In order to
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initiate EHP review of your project(s), you must complete all relevant sections of this form and submit it to the Grant Programs
Directorate (GPD) along with all other pertinent project information. 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
archeological resources are discovered the applicant will immediately cease work in that area and notify the pass-through
entity, if applicable, and DHS/FEMA.
Article XLIV - Applicability of DHS Standard Terms and Conditions to Tribes
The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon recipients and flow down
to subrecipients as a matter of law, regulation, or executive order. If the requirement does not apply to Indian tribes or there
is a federal law or regulation exempting its application to Indian tribes, then the acceptance by Tribes of, or acquiescence
to, DHS Standard Terms and Conditions does not change or alter its inapplicability to an Indian tribe. The execution of grant
documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribe where it does
not already exist.
Article Xi - 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 perlormance or terms and conditions, recipients will be notified of the changes in writing, Once
notification has been made, any subsequent request for funds will indicate recipient acceptance of the changes to the
award. Please call the FEMA/GMD Call Center at (866) 927-5646 or via e-mail to ASK-GMD@fema.dhs.gov if you have any
questions.
Article XLVI - Disposition of Equipment Acquired Under the Federal Award
For purposes of original or replacement equipment acquired under this award by a non -state recipient or non -state
subrecipients, 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 subrecipients must follow the disposition
requirements in accordance with state laws and procedures.
Article XLVII - Prior Approval for Modification of Approved Budget
Before making any change to the FEMA approved budget for this award, you must request prior written approval from FEMA
where required by 2 C.F.R. section 200.308.
For purposes of non -construction projects, FEMA is utilizing its discretion to impose an additional restriction under 2 C.F.R
section 200.308(f) regarding the transfer of funds among direct cost categories, programs, functions, or activities Therefore,
for awards with an approved budget where the federal share is greater than the simplified acquisition threshold (currently
$250,000), you may not transfer funds among direct cost categories, programs, functions, or activities without prior written
approval from FEMA where the cumulative amount of such transfers exceeds or is expected to exceed ten percent (10%) of
the total budget FEMA last approved.
For purposes of awards that support both construction and non -construction work, FEMA is utilizing its discretion under 2
C. F.R. section 200.308(h)(5) to require the recipient to obtain prior written approval from FEMA before making any fund or
budget transfers between the two types of work
You must report any deviations from your FEMA approved budget in the first Federal Financial Report (Si you submit
following any budget deviation, regardless of whether the budget deviation requires prior written approval.
Article XLVIII - Indirect Cost Rate
2 C.F,R. section 200.211(b)(15) requires the terms of the award to include the indirect cost rate for the federal award. If
applicable, the indirect cost rate for this award is stated in the budget documents or other materials approved by FEMA and
included in the award file.
Article XLIX - HSGP Performance Goal
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In addition to the Biannual Strategy Implementation Report (BSIR) submission requirements outlined in the Preparedness
Grants Manual, recipients must demonstrate huw the grant -funded project addressed the core capability gap associated with
this project and Identified in the Threat and Hazard Identification and Risk Assessment (THIRA) or Stakeholder Preparedness
Review (SPR) or sustains existing capabilities as applicable. The capability gap reduction must be addressed in the Project
Description of the BSIR for each project.
Article L - Operation Stonegarden Program Hold
The recipient is prohibited from drawing down OPSG funding under this award or reimbursing OPSG subrecipients of this
award until each unique, specific, or modified county level, tribal, or equivalent Operations Order or Fragmentary Order
(FRAGO) has been reviewed by FEMA/GPD and Customs and Border Protection/United States Border Patrol (CBPIUSBP).
The recipient will receive the official notification of approval from FEMA/GPD.
Article LI - OPSG Program 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
this project and identified in the Threat and Hazard Identification and Risk Assessment (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.
BUDGET COST CATEGORIES
Personnel $552,103.00
Fringe Benefits $201,516.00
Travel $9,665,00
Equipment $0.00
Supplies $8,446.00
Contractual $13,028,663.00
Construction $0,00
Indirect Charges $104,954.00
Other $0.00
DHS-FEMA-HSGP-SHSP-FY22 Page 35 of 46 Franklin County Emergency Management, E23-092
ting Da c meut for AwardtAmendment
Ia. AGREEMENT NO-
2. AMFXDhd ENT NO.
3.
EMW-2022-SS4)0056-S01
••+
RECUgEN
41701580N2022T
NO
FEMA Finance Center
NIA
6, RECJPPIEN-T NAME AND
7. ISSUING FEMA OFFICE AND
ADDRESS
ADDRESS
Washington! Military
FF.Io+iA-GPD
Department
400 C Streit.'-s'W. 3rd flocs
Ba►ildintg 20
Washington. DC 20472-3645
Cramp Mtvm . WA. 98430 -
POC: 866-927-5644
5122
4. I`YPE OF ACTION
5. CONTROL NO.
AWARD
WX04579N2022T .
W'X04583N2022T
41701580N2022T
S. PAY NffWr OFFICE AND ADDRESS
FEMA Finance Center
430 Market Street
Wiix%estet. VA 22603
9 3vAYZ OF RECIPIENT PHONE NQ 10. NAME OF FEMA PROJECT COORDINATOR
PROJEC T OFFIC1aR 2535127472 Central Sclssslualisng; atnnrl Inf'atmadion Dct1€
Gail Cram Phoue: 800-368-CA98
I1_ EFFWTA-E DATE OF 12.
THIS ACTION METHOD
09102/2022 OF
PAYMENT
PARS
Emait AskesudCaAbs.gov
13 ASSISTANCE ARR-ANGEMENT ll4 PERFORMANIf E PERTOD
Cost Reimbursement From: To:
09/0112022 08131 /2025
Budget Period
09/01/2022 08131/2025
15_'DESCRION OF ACTION
a. (Indicate fivading darn fat awards or financial changes)
PROGRAM CTDA NO_ ACCOUNTING DATA PRIOR
NAiddE (ACCS CODE) TOTAL
ACRONYM XXXX-XXX-SIX AWARD
)D= XXXX-XXXX-x
HOMEL ed 97.067 2022-FA-GWI-P410--4101-D
Seatrity C-ffut
Prop—
Hourlmd 2022 FA WW2 -P410-.4101-)
swuay Caw
Fhogr>,m
Hocwlwd 97.067 2022-FA-UH01-P410- -41014)
sftwily !luta$
AMOUNT CU YLEN T
AWARDED TOTAL
T WS AWARD
AMON
+ OR (-)
$0.00 $6,190.947.00 $6,190,947.00
'WOO $1,464.40D.00 $1A64A0000
$0!00 56,250,000.00 $6,250,000.00
CiiMULATWE NON-
FEDERAL COIM Mff h -I n'
See ToUds
See 7"aaaats
See TOW"
$0.60 513,903,34740 $L%WI,317.00 Sf.0
ten. To describe etsarnges other than finding data, or financial chaatges, attach schedule and check !sere.
NfA
16 a. FOR NON -DISASTER PROGRAMS: RECIPIENT IS REQUIRED TO SIGN AND RETfl YRN THREE (3) COPIES OF THIS
I)A)CtIMENT TO FEMA (See dock 7 for a"x-ts)
Homeland Sertaity Grant Program tectptents are not regnited to sign and return copies of this documcni. Elowever, recipients shanki
print mid keep a copy of this documc a➢t fav their records.
16b FOR DISASTER PROGRAMS: RECIPIENT ISNOT REQUIRED TO SIGN
Tins assistance is n9nect to teras and conditions attached to this award notice or by incorporated refeseme an prograw legislation cited
above.
17. RECIPIENT SIGNATORY OFFICIAL, (Name and Title)
Gail Cram,
I8 FEMA SIGNATORY OFFICIAL (Name and Title)
DATE
Sun Sep 18 01:22:54 GMT
2022
DATE
Fti Sep 02 19:55:50 GMT
2022
DNS-FEMA-HSGP-SHSP-FY22 Page 36 of 46 Franklin County Emergency Management, E23-092
A..ueui h,u s d.m
Adso'vtrgx
Cmi Aeyp.eY DL-
PAMELA SUSAN WILLIAMS,
DHS-FEMA-HSGP-SHSP-FY22 Page 37 of 46 Franklin County Emergency Management, E23-092
Attachment D-1
22SHSP 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 8 of 50 states for gross domestic product in 2021; several
world-class organizations headquarter their operations within the state. Washington has marine, aviation, rail, and road
transportation infrastructure to support its position as a bustling trade center. Over half of Washington's 7.77 million
population lives in the Seattle metropolitan area located along the Puget Sound. This area is the center of transportation,
business, and industry and is the fastest growing region in the state. A vast majority of the state's population lives in densely
settled urbanized areas. Understanding Washington's population is critical in order to mitigate vulnerabilities, respond to
incidents, and effectively concentrate recovery efforts.
Furthermore, Washington is subject to 10 natural and 7 human -caused hazards. The THIRA focuses on eight of those risks:
cyber attack, earthquake, explosive devices (terrorism), flood, hazmat release (radiological), pandemic- human (biological),
tsunami, and wildland fire. The 2022 Washington State Risk Profile scored the state's relative risk as 8.77, ranking it as the
12th 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 FY22 projects were selected to build upon or sustain a range of Core Capabilities identified in the 2021 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: Access Control & Identity
Verification; Community Resilience; Critical Transportation; Cybersecurity; Forensics & Attribution; Infrastructure Systems;
Interdiction & Disruption; Logistics & Supply Chain Management; Mass Care Services; Mass Search & Rescue Operations; On -
Scene Security, Protection, & Law Enforcement; Operational Communications; Operational Coordination; Physical Protective
Measures; Planning; Public Health, Healthcare, & Emergency Medical Services; Public Information & Warning; Screening,
Search, & Detection; Situational Assessment; and Supply Chain Integrity & Security.
Region 8 terrorist targets include:
Government Facilities
Electric Grid
Water Systems
Nuclear Power Plant
Department of Energy's Hanford Site
Chemical Industry w/ Extremely Hazardous Substances
Agriculture
Communications Systems
Fairs and Festivals - County fairs and community festivals
DHS-FEMA-HSGP-SHSP-FY22 Page 38 of 46 Franklin County Emergency Management, E23-092
Attachment D-2
22SHSP ENDURING NEEDS SUBPROJECTS WORK PLAN
Franklin Coun
ENDURING NEEDS AMOUNT $41,214
Investment ##1: WA SHSP Sustainment
The State is divided into 9 Regions which differ in geography (marine to desert), major industry (large business to agricultural), and
population (dense urban settings to rural). Each region develops projects to address their specific risks and hazards which sustain
previously built capabilities or close identified gaps. Most initiatives can be tied back to building regional capability to prevent, protect,
respond, and recover and be in a state of readiness should a natural or human -caused catastrophic incident occur.
Gaps identified in: -Community Resilience: Need to incorporate equity and social justice and access and functional needs -Critical
Transportation: Transportation needed for the delivery of vital response personnel, equipment, and services into the affected areas -
Cybersecurity: Lack of a vulnerability analysis, outdated servers and workstations -Interdiction & Disruption: Special teams do not have
access to updated equipment -Infrastructure Systems: Lack of proper network access to link to remote city/county facilities -Mass Care
Services: Lack of adequate mass care facilities, lack of local mass care volunteers and training opportunities -Mass SAR Operations: Need
to train responders to the Structural Collapse Tech Level, lack of heavy lifting/shoring and cutting/breaching rescue equipment -On-
Scene Security, Protection, & LE: Lack of local funding to maintain and replace aging and/or expiring equipment and PPE -Operational
Comms: Geographical challenges and changes in communications technology hamper the reliability of communications -Operational
Coord: Lack of regional coordination to prioritize projects, connect partners, and share products -Physical Protective Measures: Lack of
surveillance cameras and alarm systems in local jurisdictions -Planning: ESF plans are out of date, lack of updated continuity plans -Public
Information & Warning: Lack of robust public education campaigns, lack of reliable and consistent messaging -Screening, Search, &
Detection Lack of screening and monitoring equipment for large public festivals and events within local jurisdictions -Situational
Assessment: Lack of common operating picture and information sharing.
EN PROJECT #8: SHSP Region 8- Homeland Security Project
Region 8 will address priorities based on regionally identified gaps. The region is challenged by the lack of funding to adequately plan,
train, and exercise for a terrorist attack. Specific gaps include Planning due to plans being incomplete or needing to be updated based on
lessons learned; Operational Communications due to the inability to provide radio communications for command staff at varying
locations and the inability for agencies to effectively communicate because of differing radio technologies; Interdiction & Disruption due
to lack of night vision equipment; Cybersecurity due to the need to update systems to avoid future intrusions; Physical Protective
Measures due to a lack of surveillance cameras and alarm systems at unstaffed remote radio sites; and On -Scene Security, Protection, &
Law Enforcement due to the lack of equipment for Special Teams.
Through planning, organization, and equipment, activities will include: Planning: Draft and revise emergency plans and standard
operating procedures. Operational Communications: Purchase communications equipment to outfit command staff at varying on -scene
locations and fund development of an engineering study of the best governance options for the VHF radio system for emergency
communications. Interdiction & Disruption: Purchase night vision devices for regional SWAT team. Cybersecurity: Upgrade or replace
network equipment for the computer forensics lab. Physical Protective Measures: Purchase and install security cameras, software, and
associated hardware/equipment at remote radio sites. On -Scene Security, Protection, & Law Enforcement: Purchase equipment for
special teams or tactical response. The funding priorities will support the region in their effort to address identified capability gaps
related to terrorist -related risks, which will enhance the ability to prepare for, respond to, and recover from terrorism events.
SUBPROJECT #1 Pasco Fire - Response Trailer Communications
CORE CAPABILITIES
Operational Communications (EN & CS)
Sustaining or Enhancing?
)perational Coordination (EN & All NPAs)
Sustaining or Enhancing?
Core Capability #1
Core Capability #2 (optional)
SOLUTION AREAS
PLANNING ORGANIZATION EQUIPMENT TRAINING EXERCISE TOTAL
$0.00 $0.00 $21,000.00 $0.00 $0.00 $21,000.00
GAP(S) IDENTIFIED
No current ability to provide radio communications for command staff at varying locations. 2021 State SPR - Operational Coordination,
Equipment, p. 35-36
DHS-FEMA-HSGP-SHSP-FY22 Page 39 of 46 Franklin County Emergency Management, E23-092
ACTIVITIES TO BE PERFORMED
Purchase 10 - P25 compliant radios, battery packs, chargers, programming/cloning cables, mounts brackets, and miscellaneous items
like connectors, etc.
ASSOCIATED DELIVERABLES/OUTPUTS (IMMEDIATE)
Ability to provide on -scene programmable radios for incident command staff throughout the region.
DESIRED OUTCOMES (INTERMEDIATE AND LONG-TERM)
New radios in the trailer will be incorporated into the on -scene communications operational plan for a unified response.
NEXUS TO TERRORISM
This trailer has responded to, and is available regionally for on -scene response, including response to terrorist events and emergencies,
SUBPROJECT#2
CORE CAPABILITIES
Pasco Police Digital Evidence Processing
Intelligence & Information Sharing (All NPAs)
Sustaining or Enhancing?
Gybersecurity (GS)
Sustaining or Enhancing?
PLANNING ORGANIZATION
SOLUTION AREAS
EQUIPMENT
Core Capability #1
Core Capability #2 (optional)
Enhancing
TRAINING EXERCISE TOTAL
_ $0.00 $0.00 $18,153.00 $0.00 _ $0.00 $18,153.00
GAP(S) IDENTIFIED
The increase in the number of digital devices processed by investigators has created a need for a network storage infrastructure that can
service the needs of the Pasco Police Department's digital forensics lab adequately and within compliance with CISA best practices in
digital evidence storage and cyber security practices. The Pasco Police Department has been experiencing severe challenges in
processing and storing digital multimedia evidence due, in part, to old, outdated hardware, software, and old-fashioned, antiquated
methods that are not in line with current best practices. Pg. 44 and 52 of 2021 Washington SPR
ACTIVITIES TO BE PERFORMED
Upgrade or replace Network equipment (rack, switches, firewalls, gateways, storage arrays, workstation, network rack security (access
sensors, camera & environmental sensors), etc.) for the computer forensics lab.
ASSOCIATED DELIVERABLES/OUTPUTS (IMMEDIATE)
The digital storage network infrastructure will provide the Pasco Police Department with a digital forensic evidence storage system that
will be a standalone air -gapped network for the Pasco Police Department Computer Forensics Lab.
DESIRED OUTCOMES (INTERMEDIATE AND LONG-TERM)
The upgrades to the Department's network storage infrastructure will ensure cyber security best practices and digital evidence storage
best practices are followed allowing the Pasco Police Department to be current with industry best practice standards. The
implementation of a centralized network storage solution will allow the Pasco Police Department to fully ensure that digital evidence is
stored in a redundant array and backed up regularly to prevent inadvertent data loss of crucial digital evidence. In addition, it will isolate
the environment from the corporate network while providing cutting-edge management, visibility, and security while conducting
investigations of cybercrimes and processing digital multimedia evidence.
NEXUS TO TERRORISM
Pg. 44 of 2021 Washington SPR and Page 93, 2021 Washington SPR, Cybersecurity-Equipment directly references this gap. Cybercrimes
continue to increase and public systems are having difficulty ensuring their systems are safe and capable of storing and processing so
much digital data.
DHS-FEMA-HSGP-SHSP-FY22 Page 40 of 46 Franklin County Emergency Management, E23-092
Attachment D-3
22SHSP NATIONAL PRIORITY AREA PROJECTS WORK PLAN
Franklin County Emergency Management
_ _ _ __ AMOUNT _ $75,300
National Priority Areas
In assessing the national risk profile for FY 2022, six priority areas attracted the most concern. Due to the unique threats that
the nation faces in 2022, DHS/FEMA has determined that these six priorities should be addressed by both allocating specific
percentages of HSGP funding to certain areas as well as allocating the remaining percentage across the remaining priorities.
The following are the six priority areas for FY 2022:
1) Enhancing the protection of soft targets/crowded places (ST/CP)
2) Enhancing information and intelligence sharing 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 22SHSP priorities across multiple state and local projects
Investment #6: WA SHSP National Priority: Community Preparedness and Resilience
Community organizations are the backbone of civic life and therefore, must have the capabilities to withstand acts of terrorism
and provide essential services, especially to members of underserved communities, in the aftermath of an attack. Focus on
equity and investing in strategies that meet the needs of underserved communities will strengthen the whole of community
system of emergency management. The whole community includes children; older adults; individuals with disabilities, and
others with access and functional needs; those from religious, racial, and ethnically diverse backgrounds; and people with
limited English proficiency. Additionally, equity in emergency management requires proactively prioritizing actions that
reinforce cultural competency, accessibility, and inclusion, as well as reflect the historical context of specific groups of people.
As communicated in 2021 State SPR, the Community Preparedness & Resilience (CP&R) capability gaps that will be addressed
are: -Public Information & Warning: a need to establish a process for promptly distributing emergency communications in the
identified top languages; a need for an updated unified public education strategy to include better coordinated public
messaging procedures, policies, and training; and a lack of clarity regarding who will be issuing messages and how quickly they
will provide accurate and reliable statements to the public; -Operational Coordination: Staff turnover has created gaps in
training and a need for integrated training and exercises between emergency response agencies, healthcare providers, the
private sector, and the community to facilitate unified command operations; -Community Resilience: Large segments of the
population (individuals, families, communities, organizations) that have the ability to become prepared have not been
motivated/interested in taking action to prepare for emergencies and more trained volunteers are needed (Community
Resilience gaps are derived from the 2021 Seattle UASI SPR, which rolls up within the State SPR.); and -Logistics & Supply Chain
Management: Most jurisdictions need developed plans for maintaining and restoring the supply chain after a natural, terrorist,
or biological event.
Through a collaborative ranking and selection process, Washington State has identified several key projects within this
Investment to address gaps and sustain/enhance core capabilities directly related to the CP&R National Priority Area.
PROJECT #1 NP CP&R: Mass Notification System (investment 6, Project 6)
NATIONAL PRIORITY AREA
Community Preparedness & Resilience
BRIEF PROJECT DESCRIPTION
This project addresses the risk of Emergent Threats by enabling Region 8 to sustain a capability that has been built to provide
Public Information and Warning using a Mass Notification system and [PAWS access, in additional to providing another
mechanism for Operational Coordination and Information Sharing. The truth remains that even though Region 8 is not a major
metropolitan area, the threat of an act of terror is still very real especially given some of our critical infrastructure, such as an
operating nuclear power plant and the Department of Energy's Hanford Site and high agriculture production. The ability to
alert and warn our residents is key to saving lives. The ability to geotarget or globally message information and instructions to
the public is paramount.
DHS-FEMA-HSGP-SHSP-FY22 Page 41 of 46 Franklin County Emergency Management, E23-092
CORE CAPABILITIES
Public Information & Warning (EN & All NPAs)
Sustaining or Enhancing?
Core Capability #1
Operational Coordination (EN & All NPAs) Core Capability #2 (optional)
Sustaining or Enhancing? I Sustaining
SOLUTION AREAS
PLANNING ORGANIZATION EQUIPMENT
$0.00 $17,500.00 $0.00
TRAINING EXERCISE TOTAL
$0.00 $0.001 $17,500.00
GAP(S) IDENTIFIED
2021 SPR Page 20 - Lack of robust public Ed campaigns
2021 SPR Page 21- Organization - Lack of adequate sign-ups for CodeRED (or other systems) and the need for continued
funding for our Mass Notification System - ultimately making funding of this type part of standard HLS funding
ACTIVITIES TO BE PERFORMED
- Renew yearly mass notification contracts.
- Weekly testing of the system by utilizing the IPAWS and EAS components.
- Fully activating the system in compliance with the set Required Monthly Test (RMT) Schedule for the Columbia Basin
Operational Area.
-Annual testing to ensure viability of the databases.
COLLABORATION
This would be a Hybrid Regional Project— Hybrid in the fact that each county holds a separate contract with their mass
notification vendor and Regional in the aspect of supporting Public Information and Warning efforts across all of Region 8.
Many of the counties within R8 have provided access to use the system to other community partners (law, fire, municipalities)
which increases the operation coordination efforts and aids in information sharing. Even though they use separate systems,
Walla Walla County, Benton County, and Franklin County each have the ability to deploy IPAWS for all three counties. This
provides backup capability for [PAWS alert and warning.
ASSOCIATED DELIVERABLES/OUTPUTS (IMMEDIATE)
Maintain Mass Notification services, including:
- Initiate IPAWS alert for quick dissemination of emergency actions
- EM and first responders can globally or geo specifically target alert and warning communications to public
- Whole community messaging that meets guidelines associated with access and functional needs, as well as Limited English
Proficiency populations.
DESIRED OUTCOMES (INTERMEDIATE AND LONG-TERM)
The outcome of this investment is sustained capability to alert and warn the public in the face of emergent threats from
terrorists, criminal actors or foreign adversaries, Use of the mass notification system can also be used to rapidly notify ALL key
personnel, law, fire, mayor, commissioners etc. to share and leverage intelligence information in a quick efficient manner.
NEXUS TO TERRORISM AND NPA
This Project will enable Region 8 to sustain the Core Capability of Public Information and Warning, providing an avenue to
disseminate critical/lifesaving information in the face of emergent threats. Whether the threat is from a terrorist activity or a
natural disaster, the key to protecting the health and safety of the public is in our ability to reach a wide range of populations.
Region 8 is very diverse ranging from more urban areas of Yakima and the Tri -Cities to very rural areas of Klickitat County. Each
county within region 8 relies heavily on the ability to provide geographically based information and instructions to the public
that is separate from the mainstream radio/media availabilit[es of the EAS, because not all areas receive a clear radio or media
outlet.
Investment #5: WA SHSP National Priority: Cybersecurity
Cybersecurity threats, which include cyber terrorism, are an increasingly unpredictable, dangerous, and proliferating hazard to
state, local, and tribal governments as well as private industry and operators of critical infrastructure systems throughout
Washington State. Every day, networks are under attack across the state from a variety of sources, domestic and international,
using a variety of methods, all of which are continually developing in sophistication.
DHS-FEMA-HSGP-SHSP-FY22 Page 42 of 46 Franklin County Emergency Management, E23-092
Due to the constantly growing and evolving cyber threats in Washington State and the high impact of successful attacks,
supporting Cybersecurity is a priority. The NPA Cybersecurity projects that make up this investment support the security and
functioning of critical infrastructure against cyber -attacks directly tying to preventing, preparing for, protecting against, or
responding to acts of terrorism.
Cybersecurity capability gaps in the 2021 Washington State SPR that will be addressed include, but are not limited to: the need
for cyber incident response plans, the lack of affordable and accessible cyber training, the need to update systems to avoid
future intrusions, the lack of security and monitoring capabilities at public facilities leaving equipment vulnerable, and the need
for vulnerability analysis to avoid operational blind spots. Additionally, a Planning gap in the core capability of Infrastructure
Systems will be addressed: the need to assess infrastructure systems effectively and build private sector relationships in order
to gather information.
Through a collaborative ranking and selection process, Washington State has identified several key projects within this
Investment to address gaps and sustain/enhance core capabilities directly related to the Cybersecurity National Priority Area.
PROJECT #2 NP CS: City of Connell Network Security (investment 5, Project 3)
NATIONAL PRIORITYAREA
Cybersecurity
BRIEF PROJECT DESCRIPTION
The City of Connell in Franklin County has had significant issues with bad actors causing damage to public property and creating
an environment not conducive to shared space. The lack of security and monitoring capabilities at many public facilities in the
city do not allow for law enforcement to delay, divert, intercept, halt, apprehend, or secure threats and/or hazards.
Connell is a small city with old legacy computer infrastructure. There is a need to update server(s), router, switches,
workstations, and software. The Fire station is still using a Wi-Fi system to connect with City Hall, Fiber is available but needs to
be brought to the fire station building, which will allow a direct fiber link to City Hall systems and give them the ability to
attach security cameras to the system as well.
CORE CAPABILITIES
Cybersecurity (CS) Core Capability #1
Sustaining or Enhancing? I Enhancing
Infrastructure Systems (EN & CS)
Sustaining or Enhancing? Enhancing
SOLUTION AREAS
PLANNING ORGANIZATION EQUIPMENT
$0.00
GAP(S) IDENTIFIED
$0.001 $57,800.00
Core Capability#2 (optional)
TRAINING EXERCISE TOTAL
$0.00 $0.00 F $57,800.00
- Outdated city servers and workstations, City link to remote city/county facilities is hampered by network access. There are no
security systems at remote city facilities because of a lack of proper network access. Page 93, 2021 Washington SPR,
Cybersecurity-Equipment gap.
- 2021 SPR: "The City of Connell in Franklin County has had significant issues with bad actors causing damage to public property
and creating an environment not conducive to shared space. The lack of security and monitoring capabilities at many public
facilities in the city do not allow for law enforcement to delay, divert, intercept, halt, apprehend, or secure threats and/or
hazards." Page 98-99 & 111, 2021 Washington SPR, Cybersecurity-Equipment
ACTIVITIES TO BE PERFORMED
Upgrade city servers; control systems; data, software, and security systems; and network access for the City of Connell,
including installation of fiber interlink to have a hard link with separate facilities such as the fire department station to City
Hall.
COLLABORATION
All City of Connell departments will be involved in this project. Additionally, FCEM will be involved because this will afford them
to utilize the Connell Fire station as a viable EOC alternate for the northern part of Franklin County.
DHS-FEMA-HSGP-SHSP-FY22 Page 43 of 46 Franklin County Emergency Management, E23-092
ASSOCIATED DELIVERABLES/OUTPUTS (IMMEDIATE)
Removal of legacy servers and software, Installation of new servers, computers, and security systems linked via fiber optic
access.
DESIRED OUTCOMES (INTERMEDIATE AND LONG-TERM)
Provide a viable location for an alternate EOC for the northern portion of Franklin County.
NEXUS TO TERRORISM AND NPA
Reliance on legacy systems creates additional vulnerabilities due to both deferred maintenance and lack of support for
deprecated systems by vendors. Supervisory control and data acquisition systems (SCADA), including those used in utility
systems, are increasingly at -risk due to a perceived need for accessibility which puts sensitive systems online opening -up
additional threat space. This project will help protect electronic systems, information, and services from damage, unauthorized
use, and exploitation.
DHS-FEMA-HSGP-SHSP-FY22 Page 44 of 46 Franklin County Emergency Management, E23-092
Attachment E
22SHSVP: Bullet
Franklin County Emergency Management
iAGR6EMONT AMQURT $126424
AMOUNT
LETPA $26,903.00
23% of the agreement total
PERSONNEL $2,061.00
296 of the agreement total
M&A $2,061.00
296 of the agreement total
Sustainment Subproject(s)
AMOUNT
SUBPROJECT#1 Pasco Eire - Response ('railer Communications ;+21,000.00
SUBPROJECT#2 Pasco Police Digital Evidence Processing $18,153.00
M&A $2,061.00
SUBTOTAL <41_2)4 00
INDIRECT $0.00
TOTAL 541,214.on
National Priority Area Project(s)
AMOUNT
PROJECT #1 NP CP&R: Mass Notification System (lnve,,tm4,nt 5, Project 6) $17,500.00
PROJECT #2 NP CS: City of Connell Network Security (Investment 5, Project 3) $57,800.00
SUBTOTAL $75,300.00
INDIRECT $0.00
TOTAI $75,300.00
DHS-FEMA-HSGP-SHSP-FY22 Page 45 of 46 Franklin County Emergency Management, E23-092
DATE
September 1, 2022
September 2022
NLT January 31, 2023
April 30, 2023
July 31, 2023
October 31, 2023
January 31, 2024
April 30, 2024
July 31, 2024
October 31, 2024
January 31, 2025
March 17, 2025
Attachment F
22SHSP TIMELINE
Franklin County Emergency _Management
TASK
Grant Agreement Start Date
Estimated date work scheduled for one or more subprojects/projects
Submit proof of completion of Nationwide Cybersecurity Review (NCSR) - NCSR system
closes February 28, 2023
Submit Reimbursement Request and Progress Report
Submit Reimbursement Request and Progress Report
Submit Reimbursement Request and Progress Report
Submit Reimbursement Request and Progress Report
Submit Reimbursement Request and Progress Report
Submit Reimbursement Request and Progress Report
Submit Reimbursement Request and Progress Report
Grant Agreement End Date
Submit Final Reimbursement Request and Closeout Report
HSGP Performance Period: September 1, 2022, to August 31, 2025
DHS-FEMA-HSGP-SHSP-FY22 Page 46 of 46 Franklin County Emergency Management, E23-092
Washington Military Department Contract Number: E23-092
Debarment, Suspension, Ineligibility or Voluntary Exclusion Certification Form
NAME
Office of Emergency Management, Franklin County
Doing business as (DBA)
Franklin County Emergency Management
ADDRESS
Applicable Procurement
WA Uniform Business
Federal Employer Tax
1011 E. Ainsworth St.
or Solicitation #, if any:
Identifier (URI)
Identification #:
Pasco, WA 99301
601-691-678
91-1719850
This certification is submitted as part of a request to contract.
Instructions For Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower
Tier Covered Transactions
READ CAREFULLY BEFORE SIGNING THE CERTIFICATION, Federal regulations require contractors and bidders to sign and
mp/
abide by the terms of this certification, without modification, in order to participate in certain transactions directly or
indirectly involving federal funds.
1. By signing and submitting this proposal, 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 immediate written notice to the department, institution or office to
which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was
erroneous when submitted or had become erroneous by reason of changed circumstances.
4. The terms 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 Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the
person to which this proposal is submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered
transaction be entered into, 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, unless it knows that the certification is erroneous. A participant may decide the
method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required
to, check the List of Parties Excluded from Federal Procurement and Non -procurement Programs.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to
render in good faith the certification required by this clause. The knowledge and information of a 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 a person who is proposed for debarment under applicable
CFR, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other
remedies available to the Federal Government, the department or agency with which this transaction originated may
pursue available remedies, including suspension and/or debarment.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier
Covered Transactions
The prospective 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: ' 6 �:L ,r�� Date: 10/20/2022
Print Name and Title: Jordan Harips - Administrative Executive
Washington Military Department Contract Number: E23-092
FEDERAL DEBARMENT, SUSPENSION
INELIGIBILITY and VOLUNTARY EXCLUSION
(FREQUENTLY ASKED QUESTIONS)
What is "Debarment. Sus aension Ineligibility, and Voluntary Exclusion"?
These. terms refer to the status of a person or company that cannot contract with or receive grants from a federal agency.
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.
Whir am 1 regulred to sign this certification?
You are requesting a contract or grant with the Washington Military Department. Federal law (Executive Order 12549)
requires Washington Military Department ensure that persons or companies that contract with Washington Military
Department are not prohibited from having federal contracts.
What is Executive Order 125497
Executive Order 12549 refers to Federal Executive Order Number 12549. The executive order was signed by the
President and directed federal agencies to ensure that federal agencies, and any state or other agency receiving federal
funds were not contracting or awarding grants to persons, organizations, or companies who have been excluded from
participating in federal contracts or grants. Federal agencies have codified this requirement in their individual agency
Code of Federal Regulations (CFRs).
What is the purpose of this certificati nR??
The purpose of the certification is for you to tell Washington Military Department in writing that you have not been
prohibited by federal agencies from entering into a federal contract.
What does the word "Proposal" mean when referred to in this certification?
Proposal means a solicited or unsolicited bid, application, request, invitation to consider or similar communication from
you to Washington Military Department.
What or who is a "lower tier participant_'?
Lower tier participants means a person or organization that submits a proposal, enters into contracts with, or receives a
grant from Washington Military Department, OR any subcontractor of a contract with Washington Military Department. If
you hire subcontractors, you should require them to sign a certification and keep it with your subcontract.
What is a covered transaction when referred to In this certification?
Covered Transaction means a contract, oral or written agreement, grant, or any other arrangement where you contract
with or receive money from Washington Military Department. Covered Transaction does not include mandatory
entitlements and individual benefits.
Sample Debarment, Suspension, Ineligibility, Voluntary Exclusion Contract Provision
Debarment Certification. The Contractor certifies that the Contractor is not presently debarred, suspended,
proposed for debarment, declared 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
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.
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
Office of Emergency Management, Franklin County 10/20/202;
PROJECT DESCRIPTION CONTRACT NUMBEI
To provide Department of Homeland Security equipment, training, E23-092
exercises, and planning services in Franklin County and Region 8. o
2
i�
AUTHORIZING AUTHORITY
SIGNATURE T` PRINT OR TYPE NAME
-, Robert Gear
�--------
TITLE/TERM OF OFFICE
AUTHORIZED TO SIGN CONTRACTS/CONTRACT AMENDMENTS
SIGNATURE PRINT OR TYPE NAME
. Robert Gear
Sean Davis
3. AUTHORIZED TO SIGN REQUESTS FOR REIMBURSEMENT
SIGNATURE PRINT OR TYPE NAME
Sean Davis
r` Jordan Hanes
IAC=1\V(�L1\HOME\KARENB\....\WRSIGNAUTH Revised 3103
FCEM Board Chair
TITLE
FCEM Board Chair
FCEM Director
TITLE
FCEM Director
FCEM Administrative Executive
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 (MD). Please complete all sections. One copy with original
signatures is to be sent to MD 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 MD's files
are current. Changes in staffing or responsibilities will require a new signature
authorization form.
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
MD Program Manager.