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Washington Military Department
HOMELAND SECURITY GRANT PROGRAM AGREEMENT FACE SHEET
1 Subrecipient Name and Address: 2. Grant Agreement Amount: 3. Grant Agreement Number
Mason County $19,580 E25-209
Emergency Management
100 W Public Works Drive
Shelton,WA 98584-9714
4. Subrecipient Contact,phone/email: 5. Grant Agreement Start Date: 6. Grant Agreement End Date:
Tammi Wright, 360-427-9670 Ext.800 September 1,2024 October 31,2025
tammiw@masoncountywa.gov
7. Department Contact,phone/email: 8. Unique Entity Identifier(UEI): 9. UBI#(state revenue):
Jocelyn Overby,253-512-7226 SNAXPBGW4VR4 232-002-101
jocelyn.overby@mil.wa.gov
10. Funding Authority:
Washington Military Department(the Department)and the U.S.Department of Homeland Security(DHS)
11. Federal Funding Identification#: 12. Federal Award Date: 13. Assistance Listings#&Title:
EMW-2024-SS-05028 9/19/2024 1 97.067-24HSGP(SHSP)
14. Total Federal Award Amount: 15. Program Index#&OBJ/SUB-OBJ: 1 16. EIN
$12,381,602.00 743SI3,743SC,743SH,743SL,743SQ,743SZ/NZ 91-6001354
17. Service Districts: 18, Service Area by County(ies): 19. Women/Minority-Owned,State
BY LEGISLATIVE DISTRICTS: 35 Mason Certified: ❑ N/A Z NO
BY CONGRESSIONAL DISTRICTS: 6,10 ❑ YES, OMWBE#
20. Agreement Classification 21. Contract Type(check all that apply):
❑ Personal Services ❑ Client Services O Public/Local Gov't ❑ Contract I] Grant Agreement
❑ Research/Development ❑ A/E ❑ Other ❑ Intergovernmental(RCW 39.34) ❑ Interagency
22. Subrecipient Selection Process: 23. Subrecipient Type(check all that apply)
21 "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 El SUBRECIPIENT❑ OTHER
24. PURPOSE&DESCRIPTION.
The objective of the Federal Fiscal Year(FFY)2024 Homeland Security Grant Program(24HSGP)is to fund state,local,tribal,and territorial
efforts to prevent,protect against,and respond to terrorist attacks,and prepare the nation for threats and hazards that pose the greatest risk
to the security of the United States.24HSGP provides funding to implement investments that build,sustain,and deliver the core capabilities
essential to achieving the National Preparedness Goal of a prepared and resilient nation.24HSGP 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 24HSGP DHS Award Letter for Grant No.EMW-2024-SS-05028("Grant"),which
is incorporated in and attached hereto as Attachment C and has made a subaward of Federal award funds to the Subrecipient pursuant to
this Agreement.The Subreci lent 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 all referenced attachments
which are hereby incorporated, and have executed this Agreement as of the date below. This Agreement Face Sheet; Special Terms & Conditions
(Attachment A);General Terms and Conditions(Attachment B);DHS Award Letter EMW-2024-SS-05028 (Attachment C),Work Plan(Attachments D-1,D-
2, Budget (Attachment E), Timeline (Attachment F); Build America, Buy America Act Self-Certification (Attachment G) and all other documents and
attachments expressly referenced and incorporated herein contain all the terms and conditions agreed upon by the parties and govern the rights and
obligations of the parties to this Agreement.No other understandings,oral or otherwise.regarding the subject matter of this Agreement shall be deemed to
exist or to bind any of the pates.
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 5.General Terms and Conditions,and,
3. Work Plan,Timeline,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.
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HE DEP RTME FOR THEUBRF01DP ZT: f '
re Date Signature Date
Regan Anne Hesse, Chief Financial Officer Mark Neary,County Administrator
Washington Military Department Mason County
BOILERPLATE APPROVED TO FORM: AP TO FORM p#icable):
Dierk Meierbachtol 09/04/2024 Z 7
Assistant Attorney General Signature Date
DHS-FEMA-HSGP-SHSP-FY24 Page 1 of 47 Mason County,E25-209
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 Tammi Wright Name Jocelyn Overby
Title Senior EM Coordinator Title Pro ram Coordinator
Email TammiW@masoncountywa.gov Email jocelyn.overby@mil.wa.gov
Phone 360-427-9670 Ext. 800 Phone 253-612-7226
Name John Taylor Name Gail Cram
Title Emergency Manager Title Program Manager
Email jtaylor@masoncountywa.gov Email gaii.cram@mil.wa.gov
Phone 360-427-9670 Ext. 806 Phone 253-612-7472
Name Diane Zoren Name Grant Miller
Title Central Services Manager Title Program Assistant
Email dlz@masoncountywa.gov Email grant.miller@mil.wa.gov
Phone 360-427-9670 Ext. 747 Phone 253-512-7061
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 24HSGP Program, including, but not limited to, all criteria, restrictions, and
requirements of "The U.S. Department of Homeland Security (DHS) Notice of Funding Opportunity (NOFO)
Fiscal Year 2024 Homeland Security Grant Program" (hereafter"the NOFO"), the Preparedness Grants Manual
FM 207-23-0001 April 2024 (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 DNS/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 24HSGP funds received under this Agreement casts the party receiving the
funds in the role of a subrecipient or contractor in accordance with 2 CFR 200.331.
b. If the Subrecipient becomes a pass-through entity by making a subaward to a non-federal entity
as its subrecipient:
i. The Subrecipient must comply with all federal laws and regulations applicable to pass-
through entities of 24HSGP 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
the 24HSGP 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.
DHS-FEMA-HSGP-SHSP-FY24 Page 2 of 47 Mason County, E25-209
iii. The Subrecipient shall be responsible to the Department for ensuring that all 24HSGP
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.
iv. The Subrecipient must follow their own policies and procedures to eliminate or reduce the
impact of conflicts of interest when making subawards, adhering to any applicable federal
or state statutes or regulations. Any real or potential conflicts of interest must be reported to
the Department in writing upon discovery.
2. BUDGET, REIMBURSEMENT, AND TIMELINE
a. Within the total Grant Agreement Amount, travel, subcontracts, salaries, benefits, printing,
equipment, and other goods and services or other budget categories will be reimbursed on an
actual cost basis upon completion unless otherwise provided in this Agreement.
b. The maximum amount of all reimbursement requests permitted to be submitted under this
Agreement, including the final reimbursement request, is limited to and shall not exceed the total
Grant Agreement Amount.
c. If the Subrecipient chooses to include indirect costs within the Budget (Attachment E), additional
documentation is required based on the applicable situation. As described in 2 CFR 200.414 and
Appendix VI 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 VI 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 to request approval from FEMA per 2 CFR 200.102(b).
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. All international travel requires prior
FEMA approval.
e. Reimbursement requests will include a properly completed State A-19 Invoice Form and
Reimbursement Spreadsheet (in the format provided by the Department) detailing the
expenditures for which reimbursement is sought. Reimbursement requests must be submitted to
Reimbursements(@mil.wa.gov 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 auditors.
g. The Subrecipient must request prior written approval from Department Key Personnel to waive
or extend a due date in the Timeline (Attachment F). Waiving or missing deadlines serves as an
indicator for assessing an agency's level of risk of noncompliance with the regulations,
requirements, and the terms and conditions of the Agreement and may increase required
monitoring activities. For waived or extended reimbursement due dates, all allowable costs should
DHS-FEMA-HSGP-SHSP-FY24 Page 3 of 47 Mason County, E25-209
be submitted on the next scheduled reimbursement due date contained in the Timeline. Any
request for a 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 the time period notated
in the Timeline (Attachment F) except as otherwise authorized by either (1) written amendment
of this Agreement or (2) written notification from the Department to the Subrecipient to provide
additional time for completion of the Subrecipient's subproject(s). If funds are not required, the
Subrecipient shall notify the Department Key Personnel.
i. All costs for equipment and supplies must be incurred, and items received, before the Grant
Agreement End Date.
j. Failure to submit timely, accurate, and complete reports and reimbursement requests as required
by this Agreement (including, but not limited to, those reports in the Timeline [Attachment 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.
Any changes to budget totals not in compliance with this paragraph will not be reimbursed without
approval from the Department.
m. For OPSG Subrecipients, any deviations from the approved, direct budget categories will require
additional federal approvals and possibly 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) activities in the format
provided by the Department.
b. With the final reimbursement request, the Subrecipient shall submit to the Department Key
Personnel a final report (in the format provided by the Department) describing all completed
activities under this Agreement.
c. The Subrecipient shall comply with the Federal Funding Accountability and Transparency Act
(FFATA) and related OMB Guidance consistent with Public Law 109-282 as amended by section
6202(a) of Public Law 110-252 (see 31 U.S.C. 6101 note) and complete and return to the
Department an Audit 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.
d. To document compliance with the National Incident Management System (NIMS), the
Subrecipient shall complete the annual NIMS survey conducted by Washington Emergency
Management Division (EMD).
i
I
DHS-FEMA-HSGP-SHSP-FY24 Page 4 of 47 Mason County, E25-209
i
4. NIMS COMPLIANCE
a. The National Incident Management System (NIMS) identifies concepts and principles that answer
how to manage emergencies from preparedness to recovery regardless of their cause, size,
location, or complexity. NIMS provides a consistent, nationwide approach and vocabulary for
multiple agencies or jurisdictions to work together to build, sustain, and deliver the core
capabilities needed to achieve a secure and resilient nation.
b. Consistent implementation of NIMS provides a solid foundation across jurisdictions and
disciplines to ensure effective and integrated preparedness, planning, and response. NIMS
empowers the components of the National Preparedness System, a requirement of Presidential
Policy Directive 8, to guide activities within the public and private sector and describes the
planning, organizational activities, equipping, training, and exercising needed to build and sustain
the core capabilities in support of the National Preparedness Goal.
c. In order to receive federal preparedness funding from the Department, the Subrecipient must
ensure and maintain adoption and implementation of NIMS. See Agreement Attachment A,Article
II section 3.d. for associated reporting requirements. The list of objectives used for progress and
achievement reporting can be found at
https://www.fema.gov/emergency-managers/nims/implementation-training.
5. 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, and all Washington State procurement statutes,
when procuring any equipment or supplies under this Agreement, 2 CFR 200.313 for
management of equipment, and 2 CFR 200.314 for management of supplies, to include, but not
limited to:
i. Upon successful completion of the terms of this Agreement, all equipment and supplies
purchased through this Agreement will be owned by the Subrecipient, or a recognized non-
federal entity to which the Subrecipient has made a subaward, for which a contract,
subrecipient grant agreement, or other means of legal transfer of ownership is in place.
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
DHS-FEMA-HSGP-SHSP-FY24 Page 5 of 47 Mason County, E25-209
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.
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).
C. Notify Department Key Personnel to initiate the disposition process by the federal
awarding agency.
ix. Records for equipment shall be retained by the Subrecipient for a period of six (6) years
from the date of the disposition, replacement, or transfer. If any litigation, claim, or audit is
started before the expiration of the six- (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 https://www.fema.gov/grants/guidance-tools/authorized-
equipment-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.
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d. Equipment might require more than one waiver. The Subrecipient must contact the Department
Key Personnel for assistance in identifying what waivers are needed and in seeking FEMA
approval prior to acquisition.
e. Equipment purchases (those with a current per-unit fair market value in excess of$5,000) must
be identified and explained to the Department. Use, management, and disposition of such
equipment is subject to requirements outlined in 2 CFR 200.313. Before making such purchases,
the Subrecipient should analyze the cost benefits of purchasing versus leasing equipment,
especially high-cost items and those subject to rapid technical advances.
f. Unless expressly provided otherwise, all equipment must meet all mandatory regulatory state and
DHS/FEMA adopted standards to be eligible for purchase using federal award funds.
g. If funding is allocated to support emergency communications activities, the Subrecipient must
ensure that all projects comply with SAFECOM Guidance on Emergency Communications
Grants, located at https://www.cisa.gov/safecom/fundinq, including provisions on technical
standards that ensure and enhance interoperable communications.
h. Effective August 13, 2020, FEMA recipients and subrecipients, as well as their contractors and
subcontractors, may not obligate or expend any FEMA award funds to:
i. Procure or obtain any equipment, system, or service that uses covered telecommunications
equipment or services as a substantial or essential component of any system, or as critical
technology of any system;
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) and 2 CFR 200.216, 200.327,
200.471, and Appendix 11 to 2CFR200. Recipients and subrecipients may use DHS/FEMA grant
funding to procure replacement equipment and services impacted by this prohibition, provided
the costs are otherwise consistent with the requirements of the Manual and the NOFO.
Per subsections 889(f)(2)-(3) of the FY 2019 NDAA, and 2 CFR 200.216, covered
telecommunications equipment or services means:
i. Telecommunications equipment produced by Huawei Technologies Company or ZTE
Corporation, (or any subsidiary or affiliate of such entities);
ii. For the purpose of public safety, security of government facilities, physical security
surveillance of critical infrastructure, and other national security purposes, video
surveillance and telecommunications equipment produced by Hytera Communications
Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology
Company (or any subsidiary or affiliate of such entities)
iii. Telecommunications or video surveillance services provided by such entities or using such
equipment; or
iv. Telecommunications or video surveillance equipment or services produced or provided by
an entity that the Secretary of Defense, in consultation with the Director of National
Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be
an entity owned or controlled by, or otherwise connected to, the government of a covered
foreign country.
i. 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.
DHS-FEMA-HSGP-SHSP-FY24 Page 7 of 47 Mason County, E25-209
j. 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
https://www.fema.gov/grants/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 natural or built environment,
including, but not limited to, construction of communication towers; modification or renovation
of existing buildings, structures and facilities; installation of sonar system; or new construction,
including replacement of facilities, must participate in the DHS/FEMA EHP review process prior
to 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 will not be
reimbursed.
6. PROCUREMENT
The Subrecipient shall comply with all procurement requirements of 2 CFR 200.317 through 200.327
and as specified in the General Terms and Conditions (Attachment B, A.10).
a. For all contracts expected to exceed the simplified acquisition threshold, per 2CFR200.1, the
Subrecipient must notify the Department. The Department may request pre-procurement
documents, such as request for proposals, invitations for bids and independent cost estimates.
This requirement must be passed on to any non-federal entity to which the Subrecipient makes
a subaward, at which point the Subrecipient will be responsible for requesting and reviewing pre-
procurement documents.
b. For all sole source contracts expected to exceed the micro-purchase threshold per 2 CFR 200.1,
the Subrecipient must submit justification to the Department for review and approval. This
requirement must be passed on to any non-federal entity to which the Subrecipient makes a
subaward, at which point the Subrecipient will be responsible for reviewing and approving sole
source justifications to any non-federal entity to which Subrecipient makes any award.
c. The Subrecipient as well as its contractors and subcontractors must comply with the Build
America, Buy America Act (BABAA), which was enacted as a part of the Infrastructure
Investment and Jobs Act §§ 70901-70297, Pub. L. No. 117-58 (2021); and Executive Order
14005, Ensuring the Future is Made in All of America by All of America's Workers. BABAA
requires any infrastructure project receiving federal funding must ensure:
i. All iron and steel used in the project are produced in the United States. This means all
manufacturing processes, from initial melting stage through the application of coatings,
occurred in the United States.
ii. All manufactured products must be produced in the United States. For a manufactured
product to be considered produced in the United States, the cost of the components of the
manufactured product that are mined, produced, or manufactured in the United States must
DHS-FEMA-HSGP-SHSP-FY24 Page 8 of 47 Mason County, E25-209
be greater than 55% of the total cost of all minimum amount of domestic content of
manufactured product, unless subject to another standard.
iii. All construction materials are manufactured in the United States. This means that all
manufacturing processes for construction material occurred in the United States.
Additionally, applicable infrastructure projects are subject to domestic preference requirements.
A domestic preference does not apply to non-infrastructure spending under an award that also
includes a covered project. A domestic preference applies to an entire infrastructure project,
even if it is funded by both federal and non-federal funds under one or more awards.
i. Domestic preferences under BABAA only apply to articles, materials, and supplies that are
consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not
apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the
construction site and removed at or before the completion of the infrastructure project. Nor
does a domestic preference apply to equipment and furnishings, such as movable chairs,
desks, and portable computer equipment, that are used at or within the finished
infrastructure project but are not an integral part of or permanently affixed to the structure.
ii. Infrastructure, for the purposes of BABAA, includes, at a minimum, the structures, facilities,
and equipment for, in the United States, roads, highways and bridges; public transportation;
dams, ports, harbors and other maritime facilities; intercity passenger and freight railroads;
freight and intermodal facilities; airports; water systems, including drinking water and
wastewater systems; electrical transmission facilities and systems; utilities; broadband
infrastructure; and buildings and real property. Infrastructure includes facilities that
generate, transport, and distribute energy.
iii. The Subrecipient's contractors and their subcontractors who apply or bid for an award for
an infrastructure project subject to the domestic preference requirement in the BABAA shall
file a required certification to the Subrecipient with each bid or offer for an infrastructure
project unless a domestic preference requirement is waived by FEMA. Contractors and
subcontractors must certify that no federal financial assistance funding for infrastructure
projects will be provided unless all the iron, steel, manufactured projects, and construction
materials used in the project are produced in the United States. BABAA, Pub. L. No. 117-
58, §§ 70901-52. Contractors and subcontractors shall also disclose any use of federal
financial assistance for infrastructure projects that does not ensure compliance with BABAA
domestic preference requirement. Such disclosures shall be forwarded to the Subrecipient
who will forward them to the Department who, in turn, will forward the disclosures to FEMA.
The Build America, Buy America Act Self-Certification form is included herein as Attachment
G.
If the Subrecipient is interested in applying for a waiver, the Subrecipient should contact the
Department Key Personnel to determine the requirements. All waiver requests must include a
detailed justification for the use of goods, products, or materials mined, produced, or
manufactured outside the United States and a certification that there was a good faith effort to
solicit bids for domestic products supported by terms included in requests for proposals,
contracts, and nonproprietary communications with potential suppliers.
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 subrecipients receiving federal pass-
through funds are in compliance with this Agreement, federal and state audit requirements,
federal grant guidance, and applicable federal and state financial regulations, as well as 2 CFR
Part 200 Subpart F.
b. To document compliance with 2 CFR Part 200 Subpart F requirements, the Subrecipient shall
complete and return to the Department an Audit Certification/FFATA form. Reporting
requirements are referenced in section 3.c.
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c. Monitoring activities may include, but are not limited to:
i. Review of financial and performance reports;
ii. Monitoring and documenting the completion of Agreement deliverables;
iii. Documentation of phone calls, meetings (e.g., agendas, sign-in sheets, meeting minutes), 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), 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)
a. The Subrecipient must comply with the Title VI of the Civil Rights Act of 1964 (Title VI) prohibition
against discrimination on the basis of national origin, which requires that subrecipients of federal
financial assistance take reasonable steps to provide meaningful access to persons with limited
English proficiency (LEP) to their programs and services. FEMA Policy FP-256-23-001
(www.fema.gov/sites/default/files/documents/fema )policy-language-access.pdfl further stresses
this requirement applies to anyone awarded FEMA funding. 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 Orig Discrimination Affecting Limited
English Proficient Persons, 76 Fed. Reg. 21755-21768, (April 18, 2011). The Guidance provides
helpful information such as how a recipient can determine the extent of its obligation to provide
language services, selecting language services, and elements of an effective plan on language
assistance for LEP persons. For additional assistance and information regarding language access
obligations, please refer to the DHS Recipient Guidance at https://www.dhs.gov/guidance-published-
help-department-supported-organizations-provide-meaningful-access-people-limited and additional
resources on https://www.lep.gov.
b. Subrecipients are encouraged to perform and document their analysis of the most appropriate
language assistance services necessary to ensure a LEP individual has meaningful access to the
Subrecipient's programs and activities. The analysis should consider
i. The number or proportion of LEP individuals eligible to be served or likely
encountered by the program
ii. The frequency with which LEP individuals come in contact with the program
iii. The nature and importance of the program, activity, or service provided by the
program to people's lives
iv. The resources available to the program and costs
B. HSGP SPECIFIC REQUIREMENTS
The objectives of the HSGP are to (1) build and sustain core capabilities, including Law Enforcement and
Terrorism Prevention Activities and the National Priority Areas; (2) address capability gaps identified in
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the Threat and Hazard Identification and Risk Assessment (THIRA) and Stakeholder Preparedness
Review (SPR) process; and (3) implement a comprehensive and coordinated approach to address
enduring security needs of communities that includes planning, training and awareness campaigns,
equipment and capital projects, and exercises.
1. The Subrecipient must use HSGP funds only to perform tasks as described in the Work Plan
(Attachments D-1, D-2), 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 by
participating 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(35%) of the combined HSGP award allocated under SHSP and UASI must
be dedicated to law enforcement terrorism prevention activities (LETPA). To meet this
requirement, the Subrecipient has agreed, at a minimum, to meet the LETPA percentage
indicated in the Budget. If the Subrecipient anticipates spending less than the indicated
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
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
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Courses Funded Through Preparedness Grants, https://www.fema.gov/sites/default/files/2020-
04/Traini_n_g Course Review and Approval IB Final 7 19 18.pdf the training must fall within the
FEMA mission scope and be in alignment with the Subrecipient's Emergency Operations Plan. This
requirement only applies to training courses and does not include attendance at conferences.
Furthermore, additional federal approvals are required for courses that relate to Countering Violent
Extremism.
5. For SHSP and UASI, Subrecipients are required to complete the annual Nationwide Cybersecurity
Review (NCSR) https://www.cisecurity.org/ms-isac/services/ncsr to benchmark and measure
progress of improvement in their cybersecurity posture. However, if the Subrecipient receives State
and Local Cybersecurity(SLCGP)funding, they do not have to report completion under SHSP and/or
UASI but only under SLCGP.
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. To gather data for the required FEMA deliverables (i.e., Stakeholder Preparedness Review [SPR],
Threat Hazard Identification and Risk Assessment [THIRA]), EMD is piloting a three-year County
Emergency Preparedness Assessment (CEPA) process with workshops, occurring in a third of the
39 counties each calendar year 2024-2026. SHSP Subrecipient must participate in a CEPA workshop
located in their county and in any follow-on data calls to receive SHSP funding.
8. UASI Subrecipients shall participate in the annual UASI SPR and THIRA process.
C. DHS TERMS AND CONDITIONS
As a subrecipient of 24HSGP funding, the Subrecipient shall comply with all applicable DHS terms and
conditions of the 24HSGP Award Letter and its incorporated documents for the Grant, which are
incorporated in and made a part of this Agreement as Attachment C.
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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. "Monitoring Activities" means all administrative, financial, or other review activities that are
conducted to ensure compliance with all state and federal laws, rules, regulations, authorities and
policies.
d. "Subrecipient" when capitalized is primarily used throughout this Agreement in reference to the
non-federal entity identified on the Face Sheet of this Agreement that has received a subaward
from the Department. However, the definition of"Subrecipient" is the same as in 2 CFR 200.1 for
all other purposes.
A.2 ADVANCE PAYMENTS PROHIBITED
The Department shall make no payments in advance or in anticipation of goods or services to be provided
under this Agreement. 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).
AA AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, 42 U.S.C. 12101 ET
SEQ. AND ITS IMPLEMENTING REGULATIONS ALSO REFERRED TO AS THE "ADA" 28 CFR Part
35.
Except as provided herein, the Subrecipient must comply with the ADA, which provides comprehensive
civil rights protection to individuals with disabilities in the areas of employment, public accommodations,
state and local government services, and telecommunication. If the ADA does not apply to the
Subrecipient because the Subrecipient is a federal recognized Indian Tribe, then the acceptance by the
Tribe of, or acquiescence to, these General Terms and Conditions does not change or alter its
inapplicability to the Indian Tribe. The execution of grant documents is not intended to change, alter,
amend, or impose additional liability or responsibility upon the Tribe where it does not already exist.
A.5 ASSURANCES
The Department and Subrecipient agree that all activity pursuant to this Agreement will be in accordance
with all the applicable current federal, state and local laws, rules, and regulations.
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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 http://mil.wa.gov/emergency-management-
division/grants/requiredgrantforms.Any such form completed by the Subrecipient for this Agreement shall
be incorporated into this Agreement by reference.
Further, the Subrecipient agrees to comply with all applicable federal regulations concerning the federal
debarment and suspension system, including 2 CFR Part 180.The Subrecipient certifies that it will ensure
that potential contractors or subrecipients or any of their principals are not debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in "covered
transactions" by any federal department or agency. "Covered transactions" include procurement
contracts for goods or services awarded under a non-procurement transaction (e.g., grant or cooperative
agreement) that are expected to equal or exceed $25,000, and subawards to subrecipients for any
amount. With respect to covered transactions, the Subrecipient may comply with this provision by
obtaining a certification statement from the potential contractor or subrecipient or by checking the System
for Award Management(https://sam.gov/SAMn maintained by the federal government. The Subrecipient
also agrees not to enter into any arrangements or contracts with any party on the Washington State
Department of Labor and Industries' "Debarred Contractor List'
(https://secure.Ini.wa.qov/debarandstrike/ContractorDebarList.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/Business/PagesNendor-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
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.
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In the event of noncompliance or refusal to comply with any applicable law, regulation, executive order,
OMB Circular or policy by the Subrecipient, its contractors or subrecipients,the Department may rescind,
cancel, or terminate the Agreement in whole or in part in its sole discretion. The Subrecipient is
responsible for all costs or liability arising from its failure, and that of its contractors and subrecipients, to
comply with applicable laws, regulations, executive orders, OMB Circulars or policies.
A.9 CONFLICT OF INTEREST
No officer or employee of the Department; no member, officer, or employee of the Subrecipient or its
designees or agents; no member of the governing body of the jurisdiction in which the project is
undertaken or located; and no other official of the Subrecipient who exercises any functions or
responsibilities with respect to the project during his or her tenure, shall have any personal or pecuniary
gain or interest, direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to be
performed in connection with the project assisted under this Agreement.
The Subrecipient shall incorporate, or cause to incorporate, in all such contracts or subawards, a
provision prohibiting such interest pursuant to this provision.
A.10 CONTRACTING & PROCUREMENT
a. The Subrecipient shall use a competitive procurement process in the procurement and award of
any contracts with contractors or subcontractors that are entered into under the original
agreement award. The procurement process followed shall be in accordance with 2 CFR Part
200.318, General procurement standards, through 200.327, Contract provisions.
As required by Appendix II to 2 CFR Part 200, all contracts entered into by the Subrecipient under
this Agreement must include the following provisions, as applicable:
1) Contracts for more than the simplified acquisition threshold 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
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
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be prohibited from inducing, by any means, any person employed in the construction,
completion, or repair of public work, to give up any part of the compensation to which he or
she is otherwise entitled. The non-federal entity must report all suspected or reported
violations to the federal awarding agency.
5) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable,
all contracts awarded by the non-federal entity in excess of $100,000 that involve the
employment of mechanics or laborers must include a provision for compliance with 40 U.S.C.
3702 and 3704, as supplemented by Department of Labor regulations(29 CFR Part 5). Under
40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every
mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of
the standard work week is permissible provided that the worker is compensated at a rate of
not less than one and a half times the basic rate of pay for all hours worked in excess of 40
hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction
work and provide that no laborer or mechanic must be required to work in surroundings or
under working conditions which are unsanitary, hazardous or dangerous. These
requirements do not apply to the purchases of supplies or materials or articles ordinarily
available on the open market, or contracts for transportation or transmission of intelligence.
6) Rights to Inventions Made Under a Contract or Agreement. If the federal award meets the
definition of"funding agreement" under 37 CFR §401.2 (a) and the recipient or Subrecipient
wishes to enter into a contract with a small business firm or nonprofit organization regarding
the substitution of parties, assignment or performance of experimental, developmental, or
research work under that "funding agreement," the recipient or Subrecipient must comply
with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants, Contracts and
Cooperative Agreements,"and any implementing regulations issued by the awarding agency.
7) Clean Air Act (42 U.S.C. 7401-7671q.) 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).
8) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2
CFR 180.220) must not be made to parties listed on the government-wide exclusions in the
System for Award Management(SAM), in accordance with the OMB guidelines at 2 CFR 180
that implement Executive Orders 12549(3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR
part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the
names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties
declared ineligible under statutory or regulatory authority other than Executive Order 12549.
9) Byrd Anti-Lobbying Amendment(31 U.S.C. 1352)—Contractors that apply or bid for an award
exceeding $100,000 must file the required certification. Each tier certifies to the tier above
that it will not and has not used federal appropriated funds to pay any person or organization
for influencing or attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of Congress in
connection with obtaining any federal contract, grant or any other award covered by 31
U.S.C. 1352. Each tier must also disclose any lobbying with non-federal funds that takes
place in connection with obtaining any federal award. Such disclosures are forwarded from
tier to tier up to the non-federal award.
10) Procurement of recovered materials — As required by 2 CFR 200.323, a non-federal entity
that is a state agency or agency of a political subdivision of a state and its contractors must
comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act. The requirements of Section 6002 include procuring only
items designated in guidelines of the Environmental Protection Agency(EPA) at 40 CFR part
247 that contain the highest percentage of recovered materials practicable, consistent with
maintaining a satisfactory level of competition, where the purchase price of the item exceeds
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$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 2019 (FY 2019 NDAA), Pub. L. No. 115-
232 (2018).
b. The Department reserves the right to review the Subrecipient's procurement plans and
documents and require the Subrecipient to make changes to bring its plans and documents into
compliance with the requirements of 2 CFR Part 200,317 through 200,327. The Subrecipient
must ensure that its procurement process requires contractors and subcontractors to provide
adequate documentation with sufficient detail to support the costs of the project and to allow both
the Subrecipient and Department to make a determination on eligibility of project costs.
C. All contracting agreements entered into pursuant to this Agreement shall incorporate this
Agreement by reference.
A.11 DISCLOSURE
The use or disclosure by any party of any information concerning the Department for any purpose not
directly connected with the administration of the Department's or the Subrecipient's responsibilities with
respect to services provided under this Agreement is prohibited except by prior written consent of the
Department or as required to comply with the state Public Records Act, other law or court order.
A.12 DISPUTES
Except as otherwise provided in this Agreement, when a bona fide dispute arises between the parties
and it cannot be resolved through discussion and negotiation, either party may request a dispute
resolution board to resolve the dispute. A request for a dispute resolution board shall be in writing, state
the disputed issues, state the relative positions of the parties, and be sent to all parties. The board shall
consist of a representative appointed by the Department, a representative appointed by the Subrecipient,
and a third party mutually agreed upon by both parties. The determination of the dispute resolution board
shall be final and binding on the parties hereto. Each party shall bear the cost for its member of the
dispute resolution board and its attorney fees and costs and share equally the cost of the third board
member.
{
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A.13 LEGAL RELATIONS
It is understood and agreed that this Agreement is solely for the benefit of the parties to the Agreement
and gives no right to any other party. No joint venture or partnership is formed as a result of this
Agreement.
To the extent allowed by law, the Subrecipient, its successors or assigns, will protect, save and hold
harmless the Department, the state of Washington, and the United States Government and their
authorized agents and employees, from all claims, actions, costs, damages or expenses of any nature
whatsoever by reason of the acts or omissions of the Subrecipient, its subcontractors, subrecipients,
assigns, agents, contractors, consultants, licensees, invitees, employees or any person whomsoever
arising out of or in connection with any acts or activities authorized by this Agreement.
To the extent allowed by law, the Subrecipient further agrees to defend the Department and the state of
Washington and their authorized agents and employees in any litigation; including payment of any costs
or attorneys' fees for any claims or action commenced thereon arising out of or in connection with acts
or activities authorized by this Agreement.
This obligation shall not include such claims, costs, damages or expenses which may be caused by the
sole negligence of the Department; provided, that if the claims or damages are caused by or result from
the concurrent negligence of(1) the Department, and (2)the Subrecipient, its agents, or employees, this
indemnity provision shall be valid and enforceable only to the extent of the negligence of the Subrecipient,
or the Subrecipient's agents or employees.
Insofar as the funding source, FEMA, is an agency of the Federal government, the following shall apply:
44 CFR 206.9 Non-liability. The Federal government shall not be liable for any claim based upon the
exercise or performance of, or the failure to exercise or perform a discretionary function or duty on the
part of a federal agency or an employee of the Federal government in carrying out the provisions of the
Stafford Act.
A.14 LIMITATION OF AUTHORITY—AUTHORIZED SIGNATURE
The signatories to this Agreement represent that they have the authority to bind their respective
organizations to this Agreement. Only the Department's Authorized Signature representative and the
Authorized Signature representative of the Subrecipient or Alternate for the Subrecipient, formally
designated in writing, shall have the express, implied, or apparent authority to alter, amend, modify, or
waive any clause or condition of this Agreement. Any alteration, amendment, modification, or waiver of
any clause or condition of this Agreement is not effective or binding unless made in writing and signed
by both parties' Authorized Signature representatives, except as provided for time extensions in Article
A.3.
Further, only the Authorized Signature representative or Alternate for the Subrecipient shall have
signature authority to sign reimbursement requests, time extension requests, amendment and
modification requests, requests for changes to projects or work plans, and other requests, certifications
and documents authorized by or required under this Agreement.
A.15 LOSS OR REDUCTION OF FUNDING
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
after the effective date of this Agreement and prior to normal completion or end date, the Department
may unilaterally reduce the work plan and budget or unilaterally terminate all or part of the Agreement as
a "Termination for Cause" without providing the Subrecipient an opportunity to cure. Alternatively, the
parties may renegotiate the terms of this Agreement under "Amendments and Modifications" to comply
with new funding limitations and conditions, although the Department has no obligation to do so.
A.16 NONASSIGNABILITY
Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by
the Subrecipient.
A.17 NONDISCRIMINATION
During the performance of this agreement, the Subrecipient shall comply with all federal and state
nondiscrimination statutes and regulations. These requirements include, but are not limited to:
a. Nondiscrimination in Employment: The Subrecipient shall not discriminate against any employee or
applicant for employment because of race, color, sex, sexual orientation, religion, national origin,
DHS-FEMA-HSGP-SHSP-FY24 Page 18 of 47 Mason County, E25-209
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creed, marital status, age, Vietnam era or disabled veteran status, or the presence of any sensory,
mental, or physical handicap. This requirement does not apply, however, to a religious corporation,
association, educational institution or society with respect to the employment of individuals of a
particular religion to perform work connected with the carrying on by such corporation, association,
educational institution or society of its activities.
b. The Subrecipient shall take action to ensure that employees are employed and treated during
employment without discrimination because of their race, color, sex, sexual orientation religion,
national origin, creed, marital status, age, Vietnam era or disabled veteran status, or the presence of
any sensory, mental, or physical handicap. Such action shall include, but not be limited to, the
following: Employment, upgrading, demotion, or transfer, recruitment or recruitment selection for
training, including apprenticeships and volunteers.
A.18 NOTICES
The Subrecipient shall comply with all public notices or notices to individuals required by applicable local,
state and federal laws and regulations and shall maintain a record of this compliance.
A.19 OCCUPATIONAL SAFETY/HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/HEALTH ACT
(OSHA/WISHA)
The Subrecipient represents and warrants that its workplace does now or will meet all applicable federal
and state safety and health regulations that are in effect during the Subrecipient's performance under this
Agreement. To the extent allowed by law, the Subrecipient further agrees to indemnify and hold harmless
the Department and its employees and agents from all liability, damages and costs of any nature,
including, but not limited to, costs of suits and attorneys' fees assessed against the Department, as a
result of the failure of the Subrecipient to so comply.
A.20 OWNERSHIP OF PROJECT/CAPITAL FACILITIES
The Department makes no claim to any capital facilities or real property improved or constructed with
funds under this Agreement, and by this subaward of funds does not and will not acquire any ownership
interest or title to such property of the Subrecipient. The Subrecipient shall assume all liabilities and
responsibilities arising from the ownership and operation of the project and agrees to defend, indemnify,
and hold the Department, the state of Washington, and the United States government harmless from any
and all causes of action arising from the ownership and operation of the project.
A.21 POLITICAL ACTIVITY
No portion of the funds provided herein shall be used for any partisan political activity or to further the
election or defeat of any candidate for public office or influence the approval or defeat of any ballot issue.
A.22 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION
The assistance provided under this Agreement shall not be used in payment of any bonus or commission
for the purpose of obtaining approval of the application for such assistance or any other approval or
concurrence under this Agreement provided, however, that reasonable fees or bona fide technical
consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if
otherwise eligible as project costs.
A.23 PUBLICITY
The Subrecipient agrees to submit to the Department prior to issuance all advertising and publicity
matters relating to this Agreement wherein the Department's name is mentioned, or language used from
which the connection of the Department's name may, in the Department's judgment, be inferred or
implied. The Subrecipient agrees not to publish or use such advertising and publicity matters without the
prior written consent of the Department. The Subrecipient may copyright original work it develops in the
course of or under this Agreement; however, pursuant to 2 CFR 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
DHS-FEMA-HSGP-SHSP-FY24 Page 19 of 47 Mason County, E25-209
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reserves the right to recapture funds in an amount equivalent to the extent of noncompliance. Such right
of recapture shall exist for the life of the project following Agreement termination. Repayment by the
Subrecipient of funds under this recapture provision shall occur within 30 days of demand. In the event
the Department is required to institute legal proceedings to enforce the recapture provision, the
Department shall be entitled to its costs and expenses thereof, including attorney fees from the
Subrecipient.
A.25 RECORDS
a. The Subrecipient agrees to maintain all books, records, documents, receipts, invoices and 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 $760,000 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 $760,000 a year in federal awards are exempt from federal audit requirements for that year,
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except as noted in 2 CFR Part 200 Subpart F. As defined in 2 CFR Part 200, the term "non-federal entity"
means a state, local government, Indian tribe, institution of higher education, or nonprofit organization
that carries out a federal award as a recipient or 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.Office(aD-m il.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
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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
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
DHS-FEMA-HSGP-SHSP-FY24 Page 22 of 47 Mason County, E25-209
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Agreement and in addition to any other rights provided in this Agreement, the Department may require
the Subrecipient to deliver to the Department any property specifically produced or acquired for the
performance of such part of this Agreement as has been terminated.
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%.
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A.36 VENUE
This Agreement shall be construed and enforced in accordance with, and the validity and performance
shall be governed by, the laws of the state of Washington. Except for as provided herein, venue of any
suit between the parties arising out of this Agreement shall be the Superior Court of Thurston County,
Washington, and the Subrecipient, by execution of this Agreement, acknowledges the jurisdiction of the
courts of the state of Washington. Provided,that if the Subrecipient is a federally recognized Indian Tribe,
the parties agree that, in the event either party to this Agreement commences any suit relating to or
arising from the Agreement, the United States District Court for the Western District of the State of
Washington shall have the sole and exclusive jurisdiction over such proceeding. If the court lacks federal
subject matter jurisdiction, then the Tribe agrees to waive its sovereign immunity from suit for the limited
purpose of permitting the State to enforce the terms of this Agreement in the Superior Court of
Washington under Washington law, and venue for such suit shall be the Superior Court of Thurston
County, Washington. This limited waiver of sovereign immunity is solely for the benefit of the State. This
limited waiver of sovereign immunity shall not be for, nor shall it be construed as for, the benefit of any
other person or entity, and the Tribe does not waive its immunity with respect to any action brought by,
or on behalf of, any other entity or person.
A.37 WAIVERS
No conditions or provisions of this Agreement can be waived unless approved in advance by the
Department in writing. The Department's failure to insist upon strict performance of any provision of the
Agreement or to exercise any right based upon a breach thereof, or the acceptance of any performance
during such breach, shall not constitute a waiver of any right under this Agreement.
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Attachment C
24HSGP Award Letter
EMW-2024-SS-05028
Award Letter
U.S.Department of Homeland Security
Washington,D.C.20472
Effective date:09/19/2024 "
?= FEMA
Gail Cram
MILITARY DEPARTMENT,WASHINGTON STATE
BUILDING 1 MILITIA DR STATE FINANCIAL SERVICES
CAMP MURRAY,WA 98430
EMW-2024-SS-05028
Dear Gail Cram,
Congratulations on behalf of the Department of Homeland Security,your application submitted for the
Fiscal Year(FY)2024 Homeland Security Grant Program,has been approved in the amount of
$12,381,602.00 in Federal funding.This award of federal assistance is executed as a Grant.
Before you request and receive any of the Federal funds awarded to you,you must establish acceptance
of the award through the FEMA Grants Outcomes(FEMA GO)system. By accepting this award,you
acknowledge that the terms of the following documents are incorporated into the terms of your award:
• Award Summary-included in this document
• Agreement Articles-included in this document
• Obligating Document-included in this document
• Fiscal Year(FY)2024 Homeland Security Grant Program(HSGP) Notice of Funding Opportunity
• The Preparedness Grant Manual(PGM)
Please make sure you read,understand,and maintain a copy of these documents in your official file for
this award.
Sincerely,
PAMELA WILLIAMS
Assistant Administrator,Grant Programs
Region 4
DHS-FEMA-HSGP-SHSP-FY24 Page 25 of 47 Mason County, E25-209
Award Summary
Program: Fiscal Year 2024 Homeland Security Grant Program
Recipient., MILITARY DEPARTMENT,WA HINGTON STATE
UEil-> FT—. D2EJRG 2PLG8.0001
DUNS number., 8088833830001
Award number:EMW-2024-S -05028
Summary description of award
The Fiscal Year(FY)2024 Homeland Security Grant Program (H GP)is one of three grant programs that
constitute the DH /FEMA focus on enhancing the ability of state, local,tribal,and territorial governments,
as well as nonprofits,to prevent,protect against, respond to,and recover from terrorist attacks.These
grant programs are part of a comprehensive set of measures authorized by Congress and implemented by
DHS to help strengthen the Nation's communities against potential terrorist attacks.Among the five basic
homeland security missions noted in the DH Strategic Plan,the HGP supports the goal to Strengthen
National Preparedness and Resilience.
Amount awarded table
The amount of the award is detailed in the attached Obligating Document for Award,
Approved scope of work
After review of your application,FEMA has approved the below scope of work.Justifications are provided
for any differences between the scope of work In the original application and the approved scope of work
under this award.You must submit scope or budget revision requests for FEMA's prior approval,via an
amendment request,as appropriate per 2 C.F.R.§200.308 and the FY2024 H SGP NOFO.
//due to new system inclusion of information with no context, pages 4-58 not included—available on request//
Agreement Articles
Program:Fiscal Year 2024 Homeland Security(grant Program
Recipient:MILITARY DEPARTMENT,WASHINGTON STATE
UEI-EFT:D2EJRGE2PLG8.0001
DUNS number:6088833830001
Award number:EMW-2024-SS-05028
DHS-FEMA-HSGP-SHSP-FY24 Page 26 of 47 Mason County, E25-209
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( 1 i
Table of contents
Article 1Assurancos,Administrative Requirements,lost Principles, Representations,and
Certifications
Article 2Genoral Acknowtedgomonts and Assurances
Article 3Acknowleftomontof Federal Funding frorn DHS
Article 4Activities Conducted Abroad
Article SAge Discrimination Act of 1976
Article 6Arnorican:s with Disabilities Act of 1900
Article 7Best Practices for Collection and Use of Personally Identifiable Information
Article Civil Rights Act of 1964—Title VI
Article 9C1vll Fights Act of 1968
,Article Copyright
10
Article Debarment and Suspension
Article Drug-Free Workplace Regulations
'1
Article Duplicative Costs
Article Education Amendments of 1972.(Equal Opportunity in Education Act)—Title I
14
;Article E.O. 14074—Advancing Effective,Accountablo Policing and Criminal Justice Practices
.15 to Enhance Public Trust and Public Safety
Article Energy Policy and Conservation Act
1
,Article (False Claims Act and Program Fraud Civil Remedies
17
Article Federal Debt Status
18
Article (Federal Leadership on Reducing"text Messaging while Driving
1
Article Fly America Act of 1974
0
Article Hotel and Motel Fire Safety Act of 1:
1
Article ,John S. McCain National Defense Authorization Act of Fiscal Year 2019
ticle Limited English Proficiency(Civil Rights Act of 1964,Title VI)Ar
Article Lobbying:Prohibitions
4
Article National Environmental Policy Act
Article Nondiscrimination in Matters Pertaining to Faith-Rased Organizations
26 1
Article Non-Supplanting Requirement
27
Article Notice of Funding Opportunity Requirements
28
Article Patents and Intellectual Property Rights
g
Article Procurement of Recovered Materials
30
;Article Rehabilitation Act of 1973
1
I
DHS-FEMA-HSGP-SHSP-FY24 Page 27 of 47 Mason County, E25-209
I
Article Reporting of Matters Related to Recipient Integrity and Performance
'32
Article Reporting Subawards and Executive Compensation
33
Article Required Use of American Iron Steel, Manufactured Products,and Construction
M Materials
Article SAFECOM
as
Article Terrorist Financing
36
Article Trafficking Victims Protection!Act of 2000(TVPA)
37
Article Universal Identifier and System of Award Management
38
Article USA PATRIOT Act of 2OD1
39
Article Use of DHS Seal, Logo and Flags
40
Article Whistleblowor Protection Act
41
Article Environmental Planning and:Historic Preservation(EHP) Review
42
Article Applicability of DHS Standard Terms and Conditions to Tribes
43
Article Acceptance of Post Award Changes
44
Article Disposition of Equipment Aoq Wred Under the Federal Award
45
Article Prior Approval,'for Modification of Approved Budget
46
Article Indirect Cost Rate
47
Article Summary Description of Award and Sub-programs
40
Article HSGP Performance Goal
49
Article OP SG Program Performance Goal
60
Article Operation Stonegarden Program Hold
51
DHS-FEMA-HSGP-SHSP-FY24 Page 28 of 47 Mason County, E25-209
J
Article 1 Assurances,Adrr►inistrative Requlremonts, Coat principles, Reprosentation;�,
and Cartiffeations
I. Recipients mustcomplete either thef ffice of Management and Budget(OMB)
Standard Form:42413 assurances- Jon-Construction Programs, or OMIT Standard
Form41)Assurances- onstructlon 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 cortl1yadditionatassurances.
,applicants are required to fail out the assurances as instructed by the federal awarding
agency.
Article 2 General Acknowwled oments and Assurances
Recipients are rewired to follow the applicable provisions of the Uniform
Administrative Requirements,Cost Principles,and Audit Requirements for Federal
Awards in effect as of the federal award date and located at 2 C.F.R. Part 2,00 and
adopted by DHS at 2 C.F.R. §3002J:0-All recipients and subrodip[onts roust
acknowledge and agree to provide DHS aces to records,accounts,documents,
information,facilities,and staff pursuant to 2 C.F.R.§ . 37. I.Recipients must
cooperate wirith any DHS compliance reviews or compliance investigations. H.
Recipients must give DHS access to examine and dopy records,,accounts,and other
documents and sources of information related to the federal financial assistance
award and permit access to facilities and personnel.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 rewired
by law,federal regulation, Notice of Funding Opportunity,foderat award specific terms
and conditions,and/or federal awarding agency program guidance.V.Recipients
must complete the DHS Civil Rights Evaluation Tool within thirty( )days of receiving
the Notice of Award for the first award under which this terra applies. Recipients of
multiple federal awards from,DHS should only submit one completed tool:for their
organization,not per federal award.After the initial submission, recipients are required
to complete the tool once every two( )years if they have an active federal award, not
every time a federal award is made.Recipients must 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
these DHS Standard Terms and CA)ndit[ons. aubrscipionts are not required to
complete and submit this tool to DH .The evaluation tool can be found at
https://wv .dhs.gov/public.atk)n/dhs-civil-rlghts-eva[Liation-tool. DHS Civil Rights.
Evaluation Tool i Homeland Security.The DI-1 Office for ivil Rights and Civil
Liberties will consider, in Its discretion,granting an extension to the 0-day deadline if
the recipient identifies stops and a timeline for completing the tool. Recipients must
request extensions by emailing the request to GivilRightsEvalwatlon@hq.dhs.gov prior
to expiration of the 0-day deadline.
Article 3 Acknowledgement of Federal Funding from DHS
Recipients roust acknowledge their useof federal award funding wuhon'issuin
statements, press releases,requests for proposal, bid invitations,and other
documents describing projects or programs funded In whole or in part with federal
award funds.
DHS-FEMA-HSGP-SHSP-FY24 Page 29 of 47 Mason County, E25-209
Article 4 Activities Conducted Abroad
Recipients must coordinate with appropriate govern mantauthorities when performing
project activities outside the United States obtain,all approp
riate licenses,permits,or
approvals.
Article 5 Age Discrimination Act of 1976
RecIpteryta must comply with the requirements of the Age Discrimination Act of 1975,
Pub.L.No.94-135(codified as amended at 42 U.S.C.§6101 at seq.),which prohibits
discrimination on the basis of age in any program or actlOyroceiving federal financial
assistance.
Article 6 Americans with Disabilities Act of 1990
Recipients must comply with the requirements of Titles 1, 11,and III of the Americans
with Disabilities Act,Pub. L. No. 101-336(4990)(codified as amended at 42 U.S.C.
% 12101-12213),which prohibits recipients from discriminating on the basis of
disabilityrecipients from
in the operation of public entitles, public and private transportation systems,
places of public accommodation,and certain testing entities.
Article 7 Best Practices for Collection and Use of Personally Identifiable Information
Recipients who collect personalty identifiable information.(PII)as part of carrying out
the scope of work under a federal award are required to have a publicly available
privacy policy that describes standards on the usage and maintenance of the Pill they
collect. DHS defines Pill 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 8 Civil Rights Act of 1964-Title VI
Recipients must comply with the requirements of Titte viof the Civi I Rights Act of
1964, Pub.L No.88-352(codified as amended at 42 U.S.C.§20DOd of seq.),which
provides that no person In the United States will,on the grounds of race,color,or
national origin, be excluded from participation in, be denied the benefits of,or be
subjected to discrimination under any program or activity receiving federal financial
assistance.DHS Implementing regulations for the Act are found at 6 C.F.R. Part 21.
Recipients of an award from the Federal Emergency Management Agency(FIRMA)
must also comply with FEMA's implementing regulations at 44C.F.R.Part 7.
Article 9 :Civil Rights Act of I M
Recipients must comply with Title Vill of the Civil Rights Art of 1968, Pub.L.NO-90
2B4(codified as amended at 42 U.S.C.§3601 et seq.)which prohibits recipient's from
discriminating in the sale, rental,financing,and advertising of dwellings,or in the
provision of services in connection.therewith,on the basis of race,color, national
origin,religion,disability,familial status,and sex,as Implemented by the U.S.
Department of Housing and Urban Development at.24 C.F.R. Part'l 00.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 acc,assible
features. (See 24 C.F.R. Part 100,Subpart D.)
DHS-FEMA-HSGP-SHSP-FY24 Page 30 of 47 Mason County, E25-209
Article 10 Copyright
Recipients must affix the applicable copyright notices of 17 U.S.C.§§401 or4O2 to
any work first produced under federal awards and also include an acknowledgement
that the work was produced under a federal award(including the federal award
number and federal awarding agency).As detailed In 2 C.F.R.§200315,a federal
awarding agency reserves a royalty-free, nonexclusive,and irrevocable right to
reproduce,publish,or otherwise use the work for federal purposes and to authorize
others to do so.
Article 11 Debarmontand Suspension
Recipients must comply with the non-procurement debarment and suspension
regulations implementing Executive Orders(E.O.) 112549 and 12689,set forth at 2
C.F.R. Part 160 as Implemented by DHS at 2 C.F.R.Part 3000.These regulations
prohibit recipients from entering into covered transactions(such as S.ubawards and
contracts)with certain parties that are debarred,suspended,or otherwise excluded
from or Ineligible for participation in federal assistance programs or activities.
Article 12 Drug-Free Workplace Regulations
Recipients must comply with drug-free workplace requirements in Subpart B(or
Subpart 0,if the recipient Is an individual)of 2 C.F.R.Part a001,which adopts the
Government-wide Implementation(2 C.F.R.Part 182)of the Drug-Free Workplace
Act of 11988(41 U.8,C.§§8101-8106').
Article 13 Duplicative Costs
Recipients are prohibited from charging any cost to this federal award that will be
Included as a cost or used to meet cost sharing or matching requirements of any other
federal award In either the current or a prior budget period. (See 2 C.F.R.
200A03(f)).However,recipients may shift costs that are allowable under two or more
federal awards where otherwise permitted by federal statutes,regulations,or the
federal financial assistance award terms and conditions.
Article 14 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 1072, Pub.L. No.92-316(codified as amended at 20 U.S.C.§1681
et seq.),which provide that no person in the United States will,on the basis of sex,be
excluded from participation In, be denied the benefits of,or be subjected to
discrimination under any educational program or activity receiving federal financial
assistance.DHS Implementing regulations are codified at 6 C.F.R. Part'17.Recipients
of an award from the Federal Emergency Management Agency(FEMA)must also
comply with FEMA's Implementing regulations at 44 C.F.R. Part 19.
Article 16 E.O.14074—Advancing Effective,Accountable Policing and Criminal Justice
Practices to Enhance Public Trust and Public afolly
Recipient State,Tribal,local,or territorial law enforcement agencies must comply with
the requirements of section i 2(c)of E.O. 14074.Recipient State,Tribal,local,or
territorial law enforcement agencies are also encouraged to adopt and enforce
policies consistent with E.O.14074 to,support safe and effective policing.
DHS-FEMA-HSGP-SHSP-FY24 Page 31 of 47 Mason County, E25-209
Article 16 Energy Policy and Conservation,Act
Recipients must comply with the requirements of the Energy Policy and Conservation
Act,Pub. L.No.94-163('1975) (codified as amended at 42 U.S.C. §6201 at seq.),
which contain:policies relating to energy efficiency that are defined in the Mate energy
conservation plan Issued in compliance with this Act.
Article 17 False Claims Act and Program Fraud Civil Remedies
Reolplents must comply with the requirements of the False Claims Act,31 U.S.C.
3729-3733,which prohibit the submission;,of false or fraudulent claims for payment to
the Federal Government.(See 31 U.S.D. %3801-3812,which details the
administrative reryiedles for false claims and statements made.)
Article 18 Federal Debt Status
All recipients are required to be non-delinquent in:their repaymentof any federal debt.
Examples of relevant debt include,delinquent payroll and other taxes,audit
disallowances,and benefit overpayments.(See OMB Circular A-129.)
Article,19 Federal Leadership on Reducing Text Massaging while Driving
Recipients are encouraged to adopt and enforce policies that ban text messaging
while driving recipient-owned, recIplent-rented,or privately owned vehicles when on
official government business or when performing any work for or on behalf of the,
Foderat Government. Recipients are also encouraged to conduct the initiatives of the
type described in Section 3(a)of E.01.13513.
Article 20 Fly America Act of 1974
Recipients must comply with Preference for U.S.Flag Air Carriers, (a list of certified air
carriers can be found at:Certificated Air Carriers List I US Department of
Transportation,https://www.transportatlon.gov/policy/aviation-policy/cortificated-air-
carriers-list)for Internationat 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.§40116,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 21 Hotel and Motel Fire Safety Act of 1990
Recipients must ensure that all conference, meeting,convention,or training space
funded entirely or in part by federal award funds complies with the fire prevention and
control guidelines of Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15
U.S.C.§2225a.
Article 22 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 Sr. McCain National Defense
Authorization Actf or Fiscal Year 2019,Pub. L.No. '115-232(20,16)and 2 C.F.R.
200.216,200.327,20DA71,and Appendix 11 to 2 C.F.R. Part 200.The statute-as it
applies to DF-18 recipients,subreciplents,and their contractors and subcontractors-
prohibits obligating or expanding federal award funds on certain telecommunications
and Video surveillance products and contracting with certain entities for national
sec
urity reasons.
DHS-FEMA-HSGP-SHSP-FY24 Page 32 of 47 Mason County, E25-209
Article 23 Limited English Proficiency(Civil Rights Act of 1%4,Title VI)
Recipients must comply with Title VI of the Civil Rights Act of 1964(42 U.S.C.
2000d at seq.)prohibition againstdiscrimination on the basis of national origin,which
requires that recipients of federal financial assistance take reasonable steps to
provide meanIngful access to persons with limited English proficiency(LEP)to their
programs and services.For additional assistance and Information regarding language
access obligations,please refer to the DH8 Recipient Guidance:
hitps:/Amm.dhs.gov/,gu.i.dance-publfshod-help--departrnent,-supported-organizations--
provide-meaningful-access-,people-limited and additional resources on
httpVANww.lop.gov.
Article 24 Lobbying Prohibitions
Recipients must comply With 311 U.rS.C.§ 1352 and 6 C.F.R. Part 9,which provide that
none of the funds provided under a federal award may be expended by the recipient to
pay any person to influence,or attempt to influence an officer or employee of any
agency,a Member of Congress,an older or employee of Congress,or an employee
of a Member of Congress in connection with any federal action related to a federal
award orcontract, includingany extension,continuation, renewal,amendment,or
modific,atlon. Per 6 C.F.R. Part 9, recipients must file a lobbying certification form,as
described In ppendix Ato6 C.F.R. Pad 9 or available onGrants-gov as the
Grants.gov Lobbying Form,and file lobbying disclosure form as described in
Appendix B to 6 C.F.R. Part 9 or availabloon Grantsgov as the Disclosure of
Lobbying Activities(817-1-1-L).
Article 25 National Environmental Policy Act
Recipients must comply with the requirements of the National Environmental Policy
Act of 196% Pub.L. No.91A 90(11970)(codified as amended at 42 U.S.C.§4321 at
seq.) (NEPA)and the Council,on Environmental Quality(CEQ) Regulations for
Implementing the Procedural Provisions of NEPA,which require recipients to use all
practicable means within,their authority,and consistent with other essential
considerations of national:policy,to create and maintain conditions under which
people and nature can exist In productive harmony and fulfill the social,economic,and
other needs of present and future generations of Americans.
Article 26 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,
anablingthose organizations to participate In providing Important soda[services to
beneficiaries.Recipients must comply with the equal treatment policies and
requirements contained In 6 C.F.R.Part 19 and other applicable statues, regulations,
and guidance governing the participations of faith-based organizations in individual
DH8 programs.
Article 27 Non-Supplanting Requirement
Recipients of federal awards under programs that prohibit Supplanting by law must
ensure that federal funds supplement but do not supplant non-federal funds that,in
the absence of such federal fronds,would otherwise have been made available for the
same purpose.
DHS-FEMA-HSGP-SHSP-FY24 Page 33 of 47 Mason County, E25-209
Article 28 Notice of Funding Opportunity Requirements
All the instructions,guidance, limitations,scope,of work,and other conditions set forth
In the Notice of Funding Opportunity(N1017-0)for this federal award are Incorporated
by reference.All recipients must comply With any such requirements set forth In the
NOFO.If a condition of the NOFO is inconsistent with these terms and conditions and
any such terms of the Award,the condition in the NOFOshell be Invalid to the extent
of the Inconsistency.The remainder of that condition and all other conditions set forth
in the NOFO shall rema[nin effect.
Article 29 Patents and Intellectual Property Rights
Recipients are subject to the Bayh-Dole Act,35 U.S.C.§200 etseq.and applicable
regulations governing Inventions and patents, Including the regulations issued by the
Department of Commerce at 37 C.F.R.Part 401 (Rights to Inventions Made by
Nonprofit Organizations and Small Business Firms under Government Awards,
Contracts,and Cooperative Agreements)and the standard patent rights clause set
forth at 37 C.F.R.§41.1 .
Article 3,0 Procurement of Recovered'Materials
States, pollticalsubdivislons of states,and their contractors must comply with.Section
6002 of the Solid Waste Dls;x)s;,il Act, Pub.L.No.89-272(1965)(codified as
amended by the Resource Conservation and Recovery Act at 42 U.S.C.§6962)and 2
C.F.R. §200-323.The requirements of Section 6002 include procuring only Items
s
designated in guidelines of the Environmental Protection Agency(EPA)at 40 C.F.R.
Part 247 that contain the highest percentage of recovered materials practicable,
consistent with maintaining a satisfactory level of competition.
Articlo-31 Rehabilitation Act of 1073
Recipients must comply with the requirements of Section 604 of the Rehabilitation Act
of 1073, Pub. L No.93-112(codified as amended at 29 U.S.C.§794),which provides
that no otherwise qualified handicapped individuals in the United States will, solely by
reason of the handicap, be excluded from participation In,be denied the benefits of,or
be subjected to discrimination under any program or activity r000lving federal financial
assistance.
Article 32 Reporting of Matters Related to Recipient Integrity and Performance
If the total value of any currently active grants,cooperative agreements,and
procurement contracts from all federal awarding agencies exceeds$10,000,000 for
any period of time during the period of performance of the federal award,then the
recipient must comply with the requirements set forth In the government-wide,Award
Term and Condition for Recipient Integrity and Performance Matters located at 2
C.F.R. Part 200,Appendix XII,the full text of which is incorporated by reference.
Article 33 Reporting Subawards and Executive Compensation
For federal awards that equal or exceed$30,000, recipients are required to comply
with the requirements set forth In the government-wide award term on Reporting
Subawards and Executive Compensation set forth at 2 C.F.R.Part 170,Appendix A,
the full text of which is Incorporated by reference.
DHS-FEMA-HSGP-SHSP-FY24 Page 34 of 47 Mason County, E25-209
Article 34 Required Use of American Iran, Steel, Manufactured Products, and
Construction Materials
Recipients of an award of Federal financial assistance from a program for
Infrastructure are hereby notified that none of the funds provided under this award may
be used for a project fur infrastructure unless: (1)all iron and steel used in the project
are produced inthe United States—thfs means altmanufacturIng 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
manufacturedin the United States is groaterthan,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 thataro consumed in:, Incorporated
Into,or affixed to an,Infrastructure project.As such, It does not apply to tools,
equipment,and suppi les,such as temporary scaffolding, brought to the construction
alteand removed at or before the completion of the infrastructure project. Nor does a
Buy Aimerfca preference,applyto equipment and furnishings,such as movablechairs,
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.The agency should notify the
recipient for Information,on the process for requesting a waiver from these
requirements. (a)When the Federal agency has determined that one of the following
exceptions applies,the 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%Aclent and reasonably available
quantities or of a satisfactory quality;or(3)the inclusion of Iron,steel, manufactured
products,or construction materials produced in the Uni,tedStates will increase the
cost of the overall project by more than 26 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 perlods of no less than
15 days and must be reviewed by the Made In America Office.There may be
instances where an award qualifies, In whole or In part,for an existing waiver
described at"Buy America" Preference in FEMA Financial Assistance Programs for
Infrastructure I FEMA.gov.Definitions The definitions applicable to this term are set
forth at 2 C.F.R.§-184.3,the full textof which Is incorporated by reference.
Article 35 SAFECOM
Recipients receiving federal financial assistance,awards made under programs that
provide emergency communication equipment and its related activities must comply
with the SAFECOM Guidance for Emergency Communication Grants, including
provisions on technical standards that ensure and enhance interoperable
communications.The SAFECOM Guidance Is updated annually and can be found at
Funding and Sustalriment I CIA.
DHS-FEMA-HSGP-SHSP-FY24 Page 35 of 47 Mason County, E25-209
Article 36 Terrorist Financing
Recipients must comply with E.O.13224.and applicable statutory prohibitions on
transactions with,and the provisions of resources and support to,individuals and
organizations associated with terrorism. Recipients are legally responsible for
ensuring compliance with the E.O.and laws.
Article 37 Trafficking Victims Protection Act of 2000fWPA)
Recipients must comply with the requirements of the government-wide financial
assistance award term whichimplements Trafficking Victims Protection Act of 2000,
Pub.L.No.M-M,§ 106(codified as amended at 22 U.S.C.§71,04).The award
term,Is located at 2 C.F.R.§175.15,the full text of which is incorporated by reference.
Article 38 Universal Identifier and System of Award Management
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 U n[versal Identifier Requirements located at 2 C-F.R.Part 25,Appendix A, the full
text of which Is incorporated reference.
Article 39 USA PATRIOT Act of 2001
Recipients must comply with requirements of Section.817 of the Uniting and
Strengthening America by Providing Appropriate Tool's Required to Intercept and
Obstruct Terrorism Act of 2001 (USA PATRIOT Act), which,amends 18 U.S.C.
175-175G.
Article 40 Use of DHS Seal, Logo and Flags
Recipients must obtain written permission from DHSpr1or to using the DHS seals,
logos,crests,or reproductions of flags,or likenesses of DHS agency official's.This
Includes use of DHS component(e.g., FEMA,CI SA,etc.)seals, logos,crests,or
reproductions of flags,or likenesses of component offK*,Ials.
Article 41 WhIstiablower Protection Act
Recipients must comply with the statutory requirements for whistleblower protections
at 0 U.S.C§470141 U.S.C.§4712.
DHS-FEMA-HSGP-SHSP-FY24 Page 36 of 47 Mason County, E25-209
Article 42 Environmental Planning and Historic Preservation(EHP) Review
DH /FEMAfundedactivities that may require an Environmental Manning and Historic
Preservation(EHP)review are subject to the FNMA EHP review process.This review
does not address all federal,state,and local requirements.Acceptance of federal
funding requires the recipient to comply Wth ail federal,state and local laws.
DH /FEMA is required to consider the potential impacts to natural and cultural
resources of all projects funded by DH /FEMA grant funds,through Its EHP review
process,as mandated by:the National Environmental Policy Act; National Historic
Preservation Act of t D66,as amended: N tional'Flood I nsurance Program
regulations;and any other applicable laws and executive orders.General guidance for
FEMA's EHP process is available on the DH /FEMA Vlfabsite at:
https:t"Jvuww.fema.gov/grants'guidance•lool bnvironmental-his`lorlc.Specific applicant
guidance on how to submit Informationfor EHP review depends on the Individual grant
program and applicants should contact their grant Program Officer to be put into
contact with EHP staff responsible for assisting their specific grant program.The EHP
review process must be completed before funds are released to carry out the
proposed project;otherwise, DHS/FEMA may not be able to fund the project due to
noncompliance with EHP laws,executive orders,regulations,and policies. If ground
disturbing activities occur during construction,applicant will monitor ground
disturbance,and if arry potential archaeological resources are discovered the
applicant will immediately cease work in that area and notify the pass-through entity,If
applicable,and DH /FEMA.
Article 43 Applicability of DHS Standard Terms and Conditions to Tribes
The DHS Standard'Terms and Conditions are a restatement of general requirements
Imposed upon recipients and flow down to sub-reciplents as a matter of law,
regulation,or executive order. If the requirement does not apply to I ndian tribes or
there is a federal law or regulation exempting its application to Indian trips,then the
acceptance by Tribes of,or acquiescence to, D HS 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 Trip where it does not already exist.
Article 44 Acceptance of Post Award Changes
In the event FEMA determines that an error in the award package has been made,or
if an administrative change must be made to the award package, recipients will be
notified of the change in writing.Dace the notification has been made,any subsequent
requests for funds will Indicate recipient acceptance of the changes to the award.
Please call FEMA Grant Management Operations at(8 )927-6646 or via e-mail to:
ASK-GMD@fema.dhs.gov if you have any questions.
Article 45 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 nonwstate sub-recipients,when than equipment is no longer
needed for the original project or program or for other activities currently or previously
supported by afederal awarding agency,you must request instructions from FEMA to
make proper disposition of the equipment pursuant to 2 .F.R.section 20031 . State
recipients and Mate sub•rebiplents mint follow the disposition requirements in
accordance with state laws and procedures.
DHS-FEMA-HSGP-SHSP-FY24 Page 37 of 47 Mason County, E25-209
I
I
Article 46 Prior Approval for Modification of Approved Budget
Before making any change to the FEMA approved budget for this award,you must
request prior written approvaf from FEMA where required by 2C.F.R.section 20O.M.
For purposes of nonnconstruction projects, FEMA is utilizing its discretion to impose
an additional restriction under 2 C.F.R.section 00. g (f) regarding the transfer of
funds among direct cost categories,programs,functions,or activities.'Therefore,for
awards with an approved budget whores the federal share Is greater than the simplified
acquisition threshold(currently 250,0 ),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 ton percent(tg*/*)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 00.306(h)(5)to require the recipllont to obtain prior
written approval from FEMA before making any fund or budget transfers between the
twotypes of work.You must report any deviations fromyour FEMA approved budget
in the first Federal Financial;Report( 17-4 5)you submit following any budget
deviation, regardless of whether the budget deviation rewires prior written approval.
Article 47 Indirect Cost bate
C.F.R. section 200.211(b)(15) require
a the terms of the award to include the indirect
oust 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 48 Summary Description of Award.and idea-programs
The purpose of the FY 2024 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 HCP
provides funding to Implement investments that build,sustain,and dellvertha32 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 DH
Quadrennial Homeland Security Review, HSGP supports the goal to Strengthen
National Preparedness and Resilience.The building,austainment,and delivery of
these core capabilities are not exclusive to aany s[ngfe love[of government,
organization,or community,but rather, require the combined effort of the whale
community.'This HSGP award consists of Mate Homeland Security Program( H P)
funding inthe amount of 5,571,55 .gg, Urban Area Security Initiative(UA l)funding
in the amount of$5,6 9,750.00(Seattle Area, 5g60 ,750),and Operation
tonegarden(OP SO)funding in the amount of$1, 00,6g0.60.The following counties
shall receive OP O subawards for the following amounts:Adams,$56,000;Clallam,
140,000;Island, 0,00 ; Lower Elwha THbea,$65,000; Makah Tribe, 65, 00;
Okanogan, 90,000;Pend 4 reil[e,; 1d0,000; San Juan, 90,000; Spokane,
110,660;Stevens, 140,000; SwInomish,Tribe, 50,000;Whatcorn,$165,000.
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.
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DHS-FEMA-HSGP-SHSP-FY24 Page 38 of 47 Mason County, E25-209
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Article 49 HSGP Performance Goal
In addition to the Biannual Strategy Implementation Report(13 IR) submission
requirements outlined in the Preparedness Grants Manual, recipients must
demonstrate how the grant-funded project addressed the core aapabil ity gap
associated with this project and Identified in the Threat and Hazard Identification and
Risk Analysis(T'HIRA)or Stakeholder Preparedness Review( PR)or sustains
existing capabilities as applicable.The capability gap reduction must be addressed In
the Project Description of the t3 IR for each project.
Article 60 OP SG Program Performance Goal
In addition to the Biannual Strategy Implementation Report(BSIR) submission
requirements outli nod in the Preparedness Grants Manual, recipients must
demonstrate how they grant-funded project addressed the core capability reap
associated with this project and identified in the Threat and Hazard Identification;and
Risk analysis(T'HIR )or Stakeholder Preparedness Review( PR)or sustal ns
existing capabilities as applicable.The capability gap reduction or capability
susteinment must be addressed In the Project Description of the PIES for each
project.
Article 51 Operation Stonogorden Program bold
The reelpient is prohibited from drawing down OPSG funding under this award or
reimbursing OPSGaubreciplonts of this award until each unique, specific,or modified
county level,tribal,or equivalent Operations Order or Fragmentary Order(FRAG )
has been reviewed by FF /GPD and Customs and Border Protectlon/United States
Border Patrol( ;PP/USBP).The raciplentwill recaive the official notification of
approval from FFilr A/ PD.
i
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DHS-FEMA-HSGP-SHSP-FY24 Page 39 of 47 Mason County, E25-209
Obligating document
1.Agreement 2. 3. Recipient 4.Type of 6.Control No.
No. Amendment No. Action WX06787N2024T,
EMW-2024- No. 916001096 AWARD Vit)(06786N2024T,
SS-06028 N/A WX05785N2024T
6.Recipient Name and Address 7.Issuing FEMA Office S.Payment Office and
MILITARY DEPARTMENT, and Address Address
WASHINGTON STATE Grant Programs Directorate FEMA,Financial
CAMP MURKY BUILDING 1 500 C street,S.W. Services Branch
CAMP MURRAY,WA 98430 Washington DC,20528- 500 C Street,S.W.,
7000 Room 723
ashin ton rD(,,207442
—F �s 0
9.Name of Recipient 9a.Phone i0-Name of FNMA Project I 0a.Phone
00.P
Project Officer No. Coordinator No.r
Gail Gram 253- Homeland Security Grant Program 1-877-585-
5127472 Grant Program 3242
11.Effective Date of 12.Method of 13.Assistance 14.Performance
This Action Payment Arrangement Period
09/01/2024 09/19/2024 OTHER-FEMA COST 08/31/2027 to
GO REIMBURSEMENT Budget Period
09/01/2024 to
08/31/2027______j
Is.Clescri tion of Action a (indicate fundin data for awards or financialchanges)
Program Accounting Prior Amount Cumulative
Assistance Date Current Total
Name Total Awarded This " Non-Federal
Abbreviation Listing No.(ACCS Award Action+or(-) Award Commitment
Code)
2024-FA-
HSOP 97-067 0002- $0.00 $1,200,000.00 $1,200,000.00 See Totals
P410-x>=-
4101-D
2024-r-A-
HSGP 97.067 01-101 - $0.00 $5,609,760.00 $6,609,750.00 See Totals
P41 O-)=-
.101-D
2024-FA-
HSGP 97.067 G001 - $0.00 $5,671,852.00 $5,671,862.00 See Totals
P41 O-xxxx-
4101-D
Totals$0.00 J—$12-'1381,602.00$,I2,381,602.00_$0.00
b.To describe changes other then funding data or financial changes,attach schedule
and check here:
N/A
1ASxQ AMS:REG!PI )TO
RETURINITHREE(3)COPIES OF THIS DOCUMENT-TO-FEMA
address)
This field is not apiplicable for di itally sic ned i rant a regiments
17.RECIPIENT SIGNATORY OFFICIAL(Name and Title) DATE
Gail Cram 10/04/2024
18.FEMA SIGNATORY OFFICIAL(Name and Title) DATE
PAMELA WILLIAMS,Assistant Administrator,Grant Programs Region 4 09t19/2024
DHS-FEMA-HSGP-SHSP-FY24 Page 40 of 47 Mason County, E25-209
Attachment D-1
24SHSP ENDURING SECURITY NEEDS (EN) Work Plan
Mason County Emergency Management
SHSP Enduring Security Needs (EN) Local
The State is divided into nine Homeland Security (HLS) 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 to close identified gaps.
The HLS Regions have identified several key projects that sustain the core capabilities of Community
Resilience, Intelligence & Information Sharing, Interdiction & Disruption, Mass Care Services, Mass Search
& Rescue Operations, On-scene Security, Protection, & Law Enforcement, Operational Communication,
Operational Coordination, Planning, Public Information &Warning, and Screening, Search & Protection.
Projects focus on effective planning, organizing, equipping, training, and exercising to build, sustain, and
deliver capabilities necessary to prevent, prepare for, protect against, and respond to acts of terrorism.
As communicated in the SPR, capability gaps have been identified in:
Community Resilience:
(1) There is a large segment of the population that has not taken action to prepare for emergencies.
(2) There is a need to collaborate with and build capacity in CERT.
(3) There is a need for staffing to meet public outreach needs.
Intelligence & Information Sharing:
(1) Local funding for sustainment of intelligence analysts continues to be a challenge.
Interdiction & Disruption:
(1) There is a need to replace expiring and upgrade law enforcement equipment.
(2) There is a lack of developed policies, plans, procedures, mutual aid agreements, strategies, and other
publications, including the collection and analysis of intelligence and information.
(3) There is a need for tactical law enforcement operations training and exercises.
Mass Care Services:
(1) Local responders lack the necessary equipment/supplies to support mass care site locations services
during disaster conditions.
Mass Search & Rescue Operations:
(1) There is a need for equipment and supplies for rescue services (structural collapse).
(2) There are critical job vacancies expected for Structural Collapse and Heavy Rescue Technicians.
(3) There is a need for equipment to conduct search and rescue efforts.
On-scene Security, Protection, & Law Enforcement:
(1) There is a need to replace expiring and upgrade law enforcement equipment.
(2) There is a need for equipment, supplies, and systems for response personnel.
Operational Communication:
(1) There is a need for operational communication equipment.
(2) There is a lack of emergency backup communications.
(3) There is a need to coordinate the acquisition and deployment of communications equipment, personnel,
and resources to establish temporary communication capabilities.
Operational Coordination:
(1) There is a lack of adequate EOC staffing.
(2) EOCs need adequate numbers of phones, multifunction copy/scan/print/fax devices, copiers, computers.
(3) There is a need for integrated training and exercises to facilitate unified command operations.
(4) There is a need for making information easily accessible in an EOC.
Planning:
(1) There is a need to evaluate and update plans.
(2) Planning concepts and efforts need to be better coordinated.
DHS-FEMA-HSGP-SHSP-FY24 Page 41 of 47 Mason County, E25-209
(3) There is a need for integrated training and exercising.
(4) There is a need for corrective action programs to implement and track areas for improvement identified
during tests, exercises, or real-world incidents.
Public Information &Warning:
(1) There is a need for an updated unified public education strategy to include coordinated public messaging
procedures, policies, and training.
(2) There is a need for messaging to be inclusiveness of the entire public.
(3) There is a need for establishing lines of communication. -
Screening, Search & Detection:
(1) There is a lack of first responder equipment to detect CBRNE dangers.
This regional investment funds salaries, benefits, equipment, training and exercise support costs, translation
services, and outreach supplies.
Homeland Security (HLS) Region 3 is comprised of Grays Harbor, Lewis, Mason, Pacific, and Thurston
counties. The HLS Region 3 investment supports projects that address the core capabilities of Mass Care
Services; Mass Search & Rescue Operations; On-scene Security, Protection, & Law Enforcement;
Operational Communications; Operational Coordination; Planning; Public Information &Warning; and
Screening, Search, & Detection.
Projects include:
(1) Regional training and exercise to support HLS Region 3 efforts
(2) Translation services and messaging about public health emergencies such as bioterrorism
(3) Special teams equipment and accessories
(4) EOC operations and readiness
(5) Interoperable communications equipment
(6) Outreach supplies and support of the public alert system(s)
(7) Protection for soft targets
SUBPROJECTS (SP): a
SP#1 Mason County Sheriff's Office Multi Band Radios
SOLUTION AREA
PLANNING ORGANIZATION EQUIPMENT TRAINING EXERCISE TOTAL
$0.001 $0.00 1 $19,580.00 1 $0.001 $0.00 1 $19,580.00
CORE CAPABILITY BEING ADDRESSED
Operational Communications
NEXUS TO TERRORISM
This project supports the ability to communicate between various elements on an incident scene of a
potential terrorist attack. This is critical to protecting soft targets/crowded places, enhancing information
sharing at a tactical level, and addressing emerging threats, and combating terrorism, both domestic and
foreign efforts on US soil.
WHY IS THE WORK NEEDED?
CAPABILITY GAP IDENTIFIED
Gaps in equipment, supplies, and systems that comply with relevant standards in Interoperable
Communications between responders.
ACTIVITIES TO BE PERFORMED
- Procure equipment(multiband radios systems)
- Integrate radio systems with the RIOS gateway
- Install equipment
-Test equipment
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DHS-FEMA-HSGP-SHSP-FY24 Page 42 of 47 Mason County, E25-209
ASSOCIATED DELIVERABLES/OUTPUTS
The ability to integrate virtually any radio system into one-point communications to provide interoperability
addressing the identified issue of the various frequencies and bands used regionally.
DESIRED OUTCOMES
This project will play a large role in enhancing the protection of soft targets/crowded places. These radios will
network Fire, EMS, Law Enforcement and Event Security into one communications network; enhancing
coordinated response in the event of an attack. To combat domestic violent extremism, seamless and
coordinated communication is also key.
DHS-FEMA-HSGP-SHSP-FY24 Page 43 of 47 Mason County, E25-209
I
Attachment D-2
The Subrecipient has not been allocated National Priority Project funding under this Agreement, so there is no
associated Work Plan.
DHS-FEMA-HSGP-SHSP-FY24 Page 44 of 47 Mason County, E25-209
i
I
Attachment E
24SHSP Budget Overview
Mason County Emergency Management
TOTAL AGREEMENT AMOUNT $19,580.00
AMOUNT
TOTAL LETPA $19,580.00
100% of the agreement total
TOTAL PERSONNEL $0.00
0% of the agreement total
ENDURING NEEDS (EN) SUBPROJECT BUDGET
TITLE AMOUNT
SP#1 Mason County Sheriff's Office Multi Band Radios $19,580.00
EN M&A $0.00
EN SUBTOTAL $19,580.00
EN INDIRECT $0.00
EN TOTAL $19,580.00
DHS-FEMA-HSGP-SHSP-FY24 Page 45 of 47 Mason County, E25-209
Attachment F
24SHSP TIMELINE
Mason County Emergency Management
DATE TASK
September 1, 2024 Grant Agreement start date
December 31, 2024 Complete Nationwide Cybersecurity Review (NCSR)
January 2, 2025 Estimated date work scheduled
October 31, 2025 Grant Agreement end date
December 15, 2025 Submit Final Reimbursement Request and Closeout Report
HSGP Performance Period: September 1, 2024 to August 31, 2027
DHS-FEMA-HSGP-SHSP-FY24 Page 46 of 47 Mason County, E25-209
Attachment G
BUILD AMERICA, BUY AMERICA ACT SELF-CERTIFICATION
The undersigned certifies, to the best of their knowledge and belief, that:
The Build America, Buy America Act (BABAA) requires that no federal financial assistance for"infrastructure"
projects is provided "unless all of the iron, steel, manufactured products, and construction materials used in the
project are produced in the United States." Section 70914 of Public Law No. 117-58, §§ 70901-52.
The undersigned certifies that for the Insert Project Name and Location that the iron, steel, manufactured
products, and construction materials used in this contract are in full compliance with the BABAA requirements
including:
1. All iron and steel used in the project are produced in the United States. This means all manufacturing
processes, from the initial melting stage through the application of coatings, occurred in the United States.
2. All manufactured products purchased with FEMA financial assistance must be produced in the United
States. For a manufactured product to be considered produced in the United States, the cost of the
components of the manufactured product that are mined, produced, or manufactured in the United States
is greater than 55% of the total cost of all components of the manufactured product, unless another
standard for determining the minimum amount of domestic content of the manufactured product has been
established under applicable law or regulation.
3. All construction materials are manufactured in the United States. This means that all manufacturing
processes for the construction material occurred in the United States.
"The [Contractor or Subcontractor], certifies or affirms the truthfulness and
accuracy of each statement of its certification and disclosure, if any. In addition, the[Contractor or
Subcontractor] understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for
False Claims and Statements, apply to this certification and disclosure, if any."
Signature of[Contractor's or Subcontractor's] Authorized Official
Enter Name and Title
Name and Title of[Contractor's or Subcontractor's] Authorized Official
DHS-FEMA-HSGP-SHSP-FY24 Page 47 of 47 Mason County, E25-209
I
Washington Military D, rtment Contract Number: E25-209
Debarment, Suspension, Ineligibility or Voluntary Exclusion Certification Form
NAME Doing business as(DBA)
Mason County Emergency Management
ADDRESS Applicable Procurement WA Uniform Business Federal Employer Tax
100 W Public Works Dr. or Solicitation#,if any: Identifier(UBI) Identification#:
Shelton, WA 98584 NA 232-002-101 91-6001354
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 statements in this certification, such prospective participant shall
attach an explanation to this form.
Bidder or Contractor Signature:. Date: Z 3
1,4
Print Name and Title: Mark Neary, q4nty Administrator
SIGNATURE AUTHORIZATION FORM (SAF)
WASHINGTON MILITARY DEPARTMENT
Camp Murray, Washington 98430-5122
Please read instructions on page 2 before completing this form.
NAME OF ORGANIZATION DATE SUBMITTED
Mason County Emergency Management 11/19/2024
GRANT PROGRAM -Acronyms Accepted AGREEMENT NUMBER(S)
FY24-SHGP (SHSP) E25-209
1. AUTHORIZING AUTHORITY
PRINT OR TITLE &TERM OF OFFICE
PHYSICAL SIGNATURE E-SIGNATURE TYPE NAME (If applicable)
Randy Neatherlin Chair
V
Kevin Shutty Commissioner
Sharon Trask Commissioner
2. AUTHORIZED TO SIGN AGREEMENTS AMENDMENTS
PHYSICAL SIGNATURE E-SIGNATURE PRINT OR TITLE &TERM OF OFFICE
TYPE NAME (if applicable)
Mark Neary County Administrator
John Taylor DEM Manager
3. AUTHORIZED TO SIGN REQUESTS FOR REIMBURSEMENT
PRINT OR TITLE &TERM OF OFFICE
PHYSICAL SIGNATURE E-SIGNATURE
TYPE NAME (If applicable)
Ohtrht Tarnmi Wright Sr. EM Coordinator
4
John Taylor DEM Manager
SAF Revised 5/8/2024
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