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HomeMy WebLinkAboutFranklin County Emergency Management (FCEM) & The CIty of Pasco - Police Department Contract # E23-092, FFY 2022-or * --,, *EM PUM Wa Y,"VC nIWr fiaergeacy JHanagement fisoltlfnCouub+ TO: 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. C:\Users\harpsterj\AppData\Local\Microsoft\Windows\INetCache\Con tent.Outlook\CSXMHCFK\Professional Services Contract SHSP 22 PASCO - PD.docx Page 1 of 18 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 C:\Users\harpsterj\AppData\Local\Microsoft\Windows\INetCache\Con tent.Outlook\CSXMHCFK\Professional Services Contract SHSP 22 PASCO - PD.docx Page 2 of 18 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: C:\Users\harpsterj\AppData\Local\Microsoft\Windows\INetCache\Con tent.Outlook\CSXMHCFK\Professional Services Contract SHSP 22 PASCO - PD.docx Page 3 of 18 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. C:\Users\harpsterj\AppData\Local\Microsoft\Windows\INetCache\Con tent.Outlook\CSXMHCFK\Professional Services Contract SHSP 22 PASCO - PD.docx Page 4 of 18 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. C:\Users\harpsterj\AppData\Local\Microsoft\Windows\INetCache\Con tent.Outlook\CSXMHCFK\Professional Services Contract SHSP 22 PASCO - PD.docx Page 5 of 18 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. C:\Users\harpsterj\AppData\Local\Microsoft\Windows\INetCache\Con tent.Outlook\CSXMHCFK\Professional Services Contract SHSP 22 PASCO - PD.docx Page 6 of 18 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 C:\Users\harpsterj\AppData\Local\Microsoft\Windows\INetCache\Con tent.Outlook\CSXMHCFK\Professional Services Contract SHSP 22 PASCO - PD.docx Page 7 of 18 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. C:\Users\harpsterj\AppData\Local\Microsoft\Windows\INetCache\Con tent.Outlook\CSXMHCFK\Professional Services Contract SHSP 22 PASCO - PD.docx Page 8 of 18 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. C:\Users\harpsterj\AppData\Local\Microsoft\Windows\INetCache\Con tent.Outlook\CSXMHCFK\Professional Services Contract SHSP 22 PASCO - PD.docx Page 9 of 18 (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 C:\Users\harpsterj\AppData\Local\Microsoft\Windows\INetCache\Con tent.Outlook\CSXMHCFK\Professional Services Contract SHSP 22 PASCO - PD.docx Page 10 of 18 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. C:\Users\harpsterj\AppData\Local\Microsoft\Windows\INetCache\Con tent.Outlook\CSXMHCFK\Professional Services Contract SHSP 22 PASCO - PD.docx Page 11 of 18 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 C:\Users\harpsterj\AppData\Local\Microsoft\Windows\INetCache\Con tent.Outlook\CSXMHCFK\Professional Services Contract SHSP 22 PASCO - PD.docx Page 12 of 18 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. C:\Users\harpsterj\AppData\Local\Microsoft\Windows\INetCache\Con tent.Outlook\CSXMHCFK\Professional Services Contract SHSP 22 PASCO - PD.docx Page 13 of 18 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. C:\Users\harpsterj\AppData\Local\Microsoft\Windows\INetCache\Con tent.Outlook\CSXMHCFK\Professional Services Contract SHSP 22 PASCO - PD.docx Page 14 of 18 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. C:\Users\harpsterj\AppData\Local\Microsoft\Windows\INetCache\Con tent.Outlook\CSXMHCFK\Professional Services Contract SHSP 22 PASCO - PD.docx Page 15 of 18 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]). C:\Users\harpsterj\AppData\Local\Microsoft\Windows\INetCache\Con tent.Outlook\CSXMHCFK\Professional Services Contract SHSP 22 PASCO - PD.docx Page 16 of 18 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. C:\Users\harpsterj\AppData\Local\Microsoft\Windows\INetcache\Con tent.Outlook\CSXMHCFK\Professional Services Contract SHSP 22 PASCO - PD.docx Page 17 of 18 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 C:\Users\harpsterj\AppData\Local\Microsoft\Windows\INetCache\Con tent.Outlook\CSXMHCFK\Professional Services Contract SHSP 22 PASCO - PD.docx Page 18 of 18 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 Y' �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 DHS-FEMA-HSGP-SHSP-FY22 Page 27 of 46 Franklin County Emergency Management, E23-092 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. DHS-FEMA-HSGP-SHSP-FY22 Page 28 of 46 Franklin County Emergency Management, E23-092 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 DHS-FEMA-HSGP-SHSP-FY22 Page 29 of 46 Franklin County Emergency Management, E23-092 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 DHS-FEMA-HSGP-SHSP-FY22 Page 30 of 46 Franklin County Emergency Management, E23-092 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. DHS-FEMA-HSGP-SHSP-FY22 Page 31 of 46 Franklin County Emergency Management, E23-092 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, DHS-FEMA-HSGP-SHSP-FY22 Page 32 of 46 Franklin County Emergency Management, E23-092 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 DHS-FEMA-HSGP-SHSP-FY22 Page 33 of 46 Franklin County Emergency Management, E23-092 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 DHS-FEMA-HSGP-SHSP-FY22 Page 34 of 46 Franklin County Emergency Management, E23-092 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.