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Washington Military Department & US Department of Homeland Security
Washington Military Department HOMELAND SECURITY GRANT PROGRAM AGREEMENT FACE SHEET . Subreclplent Name and Address: County of Mason Emergency Management 100 West Publlc'Works Drive, Building 1 Shelton, WA 98584.9714 2. Grant Agreement Amount; $16,342 3. Grant Agreement Number: E24.133 4, Subreclplent Contact, phone/email: Tammi Wright, 360-427-9670 Ext. BOO TammlW@masoncountywa,gov 5. Grant Agreement Start Date: September 1, 2023 6, Grant Agreement End Date: March 30, 2025 7, Department Contact, phone/emall: Christopher Burt, 253.512-7482 christopher.burd@mil.wa.gov 8, Unique Entity Identifier (UEI): SNAXPBGW4VR4 9, UM # (state revenue): 232-002-101 10. Funding Authority; Washington Military Department ( he Department) and the U.S. Department of Homeland Security (DHS) 11. Federal Funding Identification #: EMW-2023-55-00063 12, Federal Award Date: 9/11/2023 13, Assistance listings # & Title; 97.067 -23HSGP (SH$P) 14. Total Federal Award Amount: $14,010,447 16, Program Index # & OBJ/SUB-OBJ: 733SB, 733SC, 733SH, 733SL, 733SQ, 733SZ / NZ 16, EIN 91.6001354 17. Service Districts! BY LEGISLATIVE DISTRICTS: 35 BY CONGRESSIONAL DISTRICTS: 6 18. Service Area by County(les): Mason 19, Women/Minority-Owned, State Certified: ® N/A 0 NO 0 YES, OMWBE # 20. Agreement Classification ID Personal Services 0 Client Services ® Public/Local Gov't Q Researoh/Development 0 A/E 0 Other 21. Contract Type (check all that apply): 0 Contract ® Grant El Agreement ❑ Intergovernmental (RCW 39.34) ❑ Interagency 22, Subreciplent Selection Process: El "To all who apply & qualify" ❑ Competitive Bidding 0 Sole Source 0 A/E RCW ❑ N/A CI Filed w/OFM? 0 Advertised? ❑ YES 0 NO 23, Subreciplent Type (check all that apply) 0 Private Organization/individual ❑ For -Profit ® Public Organization/Jurisdiction 0 Non -Profit 0 CONTRACTOR ® SUBRECIPIENT 0 OTHER 24, PURPOSE & DESCRIPTION: The objective of the Federal Fiscal Year (FFY) 2023 Homeland Security Grant Program (23HSGP) Is to fund state, local, tribal, and territorial efforts to prevent, protect against, and respond to terrorist attacks, and prepare the nation for threats and hazards that pose the greatest risk to the security of the United States, 23HSGP 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. 23HSGP supports core capabilities across the five mission areas of prevention, protection, mitigation, response, end 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 23HSGP DHS Award Letter for Grant No. EMW-2023-SS-00063 ("Grant"), which is Incorporated In and attached hereto as Attachment C and has made a subaward of funds to the Subreclpient pursuant to this Agreement. The Subreclplent Is accountable to the Department for use of Federal award funds provided under this Agreement. IN WITNESS WHEREOF, the Department and Subreciplent 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); DI -IS Award Letter (Attachment C), Work Plan (Attachments D-1, D-2, D-3), Budget (Attachment E), Timeline (Attachment F); Build America, Buy America Act Self -Certification (Attachment G) and all other documents and attachments expressly referenced and incorporated herein contain ail the term 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 thls Agreement shall be deemed to exist or to bind any of the parties, in the evens of an inconsistency in this Agreement, unless otherwise provided heroin, the Inconsistency shall be resolved by gluing precedence In the following order: 1, Applicable federal and state statutes and regulations 4. Speclai Terms and Conditions 2. DHS/FEMA Award and program documents 5. General Terms and Conditions, and, 3. Work Plan, Timeline, and Budget *3.Other provisions of the Agreement Incorporated by reference, WHEREAS, the parties have executed this Agreement on the day and year last specified below, F HE DEP TM ,/ ,/,/ /� FORSUB9IPIENT; / Sig at re Regan Anne Hesse, Chief Financial Officer Washington Military Department BOILERPLATE APPROVED TO FORM: Alex Straub 8/31/2023 Assistant Attorney General Date Signature Date Re-Neatha4ia, Chair S1,ayon Trask Mason County Board of Commissioners APflJu TO FORM (If applicable): /rc%31%23' Signature Date DHS-FEMA-HSGP-SHSP-FY23 Page 1 of 47 Mason County EM, E24-133 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 Christopher Burd Title Sr. DEM Coordinator Title Program Manager Email TammiW@masoncountywa.gov Email christopher.burd@mil.wa.gov 253-612-7482 Phone 360-427-9670 Ext. 800 Phone Name John Taylor Name Gail Cram Title Emergency Manager Title Program Manager Email jtaylor@masoncountywa.gov Email gaiLcram@mil.wa.gov Phone 3.60-427-9670 ext. 806 Phone 253-512-7472 Name Diane Zoren Name Grant Miller Title Central Services Manager Title Program Assistant Email dlz@masoncountywa.gov . Email grant.miller@miLwa.gov 253.512-7061 Phone 360-427-9670 ext. 747 Phone 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 23HSGP Program, including, but not limited to, all criteria, restrictions, and requirements of "The Department of Homeland Security (DHS) Notice of Funding Opportunity (NOFO) Fiscal Year 2023 Homeland Security Grant Program" (hereafter "the NOFO"), the Fiscal Year 2023 Preparedness Grants Manual, FEMA Manual (FM) 207-22-0001 Version 4, 2023 (hereafter "the Manual"), the DHS Award Letter for the Grant, and the federal regulations commonly applicable to DHS/FEMA grants, all of which are incorporated herein by reference. The DHS Award Letter is incorporated in this Agreement as Attachment C. The Subrecipient acknowledges that since this Agreement involves federal award funding, the period of performance may begin prior to the availability of appropriated federal funds. The Subrecipient agrees that it will not hold the Department, the State of Washington, or the United States liable for any damages, claim for reimbursement, or any type of payment whatsoever for services performed under this Agreement prior to distribution of appropriated federal funds, or if federal funds are not appropriated or in a particular amount. A. STATE AND FEDERAL REQUIREMENTS FOR DHS/FEMA PREPAREDNESS GRANTS: The following requirements apply to all DHS/FEMA Preparedness Grants administered by the Department. 1. SUBAWARDS & CONTRACTS BY SUBRECIPIENTS a. The Subrecipient must make a case -by -case determination whether each agreement it makes for the disbursement of 23HSGP funds received under this Agreement casts the party receiving the funds in the role of a subrecipient or contractor in accordance with 2 CFR 200.331. b. If the Subreciplent also becomes a pass -through entity by making a subaward to a non-federal entity as its subrecipient, the Subrecipient must make a case -by -case determination whether each agreement it makes for the disbursement of 23HSGP funds received under this Agreement casts the party receiving the funds in the role of a subrecipient or contractor in accordance with 2 CFR 200.330. 1. The Subrecipient must comply with all federal laws and regulations applicable to pass - through entities of 23HSGP funds, including, but not limited to, those contained in 2 CFR 200. ii. The Subrecipient shall require its 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 23HSGP Program, including, but not limited to, all criteria, restrictions, and requirements DHS-FEMA-HSGP-SHSP-FY23 Page 2 of 47 Mason County EM, E24-133 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. Hi, The Subrecipient shall be responsible to the Department for ensuring that all 23HSGP federal award funds provided to its subreclpients are used in accordance with applicable federal and state statutes and regulations, and the terms and conditions of the federal award set forth In Attachment C of this Agreement. 2. BUDGET, REIMBURSEMENT, AND TIMELINE a. Within the total Grant Agreement Amount, travel, subcontracts, salaries, benefits, printing; equipment, and other goods and services or other budget categories will be reimbursed on an actual cost basis upon completion unless otherwise provided in this Agreement. b. The maximum amount of all reimbursement requests permitted to be submitted under this Agreement, including the final reimbursement request, is limited to and shall not exceed the total Grant Agreement Amount. c. If the Subrecipient chooses to include indirect costs within the Budget (Attachment E), additional documentation is required based on the applicable situation. As described in 2 CFR 200.414 and Appendix VII to 2 CFR 200: i. If the Subrecipient receives direct funding from any Federal agency(ies), documentation of the rate must be submitted to the Department Key Personnel per the following: A. More than $35 million, the approved indirect cost rate agreement negotiated with its federal cognizant agency. B. Less than $35 million, the indirect cost proposal developed in accordance with Appendix VII of 2 CFR 200 requirements. ii. If the Subrecipient does not receive direct federal funds (i.e., only receives funds as a subrecipient), the Subrecipient must either elect to charge a de minimis rate of ten percent (10%) or 10% of modified total direct costs or choose to negotiate a higher rate with the Department. If the latter is preferred, the Subrecipient must contact Department Key Personnel for approval steps. d. For travel costs, the Subrecipient shall comply with 2 CFR 200.475 and should consult their internal policies, state rates set pursuant to RCW43.03.050 and RCW 43.03.060 as now existing or amended, and federal maximum rates set forth at https://www.gsa.gov and follow the most restrictive. If travel costs exceed set state or federal limits, travel costs shall not be reimbursed without prior written approval by Department Key Personnel. e. Reimbursement requests will include a properly completed State A-19 Invoice Form and Reimbursement Spreadsheet (in the format provided by the Department) detailing the expenditures for which reimbursement is sought. Reimbursement requests must be submitted to ReimbursementsC7a,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 federal, state, and local 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). For waived or extended reimbursement due dates, all allowable costs should be submitted an the next scheduled reimbursement due date contained in the Timeline. Waiving or missing deadlines serves as an indicator for assessing an agency's level of risk of noncompliance with the regulations, requirements, and the terms and conditions of the Agreement and may increase required monitoring activities. Any request for a DHS-FEMA-HSGP-SHSP-FY23 Page 3 of 47 Mason County EM, E24-133 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). i. No costs for purchases of equipment/supplies will be reimbursed until the related equipment/supplies have been received by the Subrecipient, its contractor, or any non-federal entity to which the Subrecipient makes a subaward and is invoiced by the vendor. Failure to submit timely, accurate, and complete reports and reimbursement requests as required by this Agreement (including, but not limited to, those reports in the Timeline [Attachment F]) will prohibit the Subrecipient from being reimbursed until such reports are submitted and the Department has had reasonable time to conduct its review. k. Final reimbursement requests will not be approved for payment until the Subrecipient is current with all reporting requirements contained in this Agreement. I. For SHSP and UASI Subrecipients, a written amendment will be required if the Subrecipient expects cumulative transfers among subproject totals, as identified in the Budget (Attachment E), to exceed ten percent (10%) of the Grant Agreement Amount. If a Subrecipient has only one subproject, cumulative transfers among solution areas within the subproject that exceed ten percent (10%) of the Grant Agreement Amount shall require an amendment to this Agreement. m. For OPSG Subrecipients, any deviations from the approved, direct budget categories will require additional federal approvals and a written amendment. n. Subrecipients shall only use federal award funds under this Agreement to supplement existing funds and will not use them to replace (supplant) non-federal funds that have been budgeted for the same purpose. The Subrecipient may be required to demonstrate and document that the reduction in non-federal resources occurred for reasons other than the receipt or expected receipt of federal funds. 3. REPORTING a. With each reimbursement request, the Subrecipient shall report how the expenditures, for which reimbursement is sought, relate to the Work Plan (Attachments D-1, D-2, D-3) activities in the format provided by the Department. b. With the final reimbursement request, the Subrecipient shall submit to the Department Key Personnel a final report (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 Emergency Management Division staff. j• 0HS-FEMA-HSGP-SHSP-FY23 Page 4 of 47 Meson County EM, E24-133 4. EQUIPMENT AND SUPPLY MANAGEMENT a. The Subrecipient and any non-federal entity to which the Subrecipient makes a subaward shall comply with 2 CFR 200.317 through 200.327 when procuring any equipment or supplies under this Agreement, 2 CFR 200.313 for management of equipment, and 2 CFR 200.314 for management of supplies, to include, but not limited to: i. Upon successful completion of the terms of this Agreement, all equipment and supplies purchased through this Agreement will be owned by the Subrecipient, or a recognized non- 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 Subreclpient shall be responsible for any and all operational and maintenance expenses and for the safe operation of the equipment and supplies including all questions of liability. The Subrecipient shall develop appropriate maintenance schedules and procedures to ensure the equipment, and supplies as applicable, are well -maintained and kept in good operating condition. vi. The Subrecipient shall develop a control system to ensure adequate safeguards to prevent loss, damage, and theft of the property. Any loss, damage, or theft shall be investigated, and a report generated and sent to the Department's Key Personnel. vii. The Subrecipient must obtain and maintain all necessary certifications and licenses for the equipment. viii. If the Subrecipient is authorized or required to sell the property, proper sales procedures must be established and followed to ensure the highest possible return. For disposition, if upon termination or at the Grant Agreement End Date, when original or replacement supplies or equipment acquired under a federal award are no longer needed for the original project or program or for other activities currently or previously supported by a federal awarding agency, the Subrecipient must comply with the following procedures: A. For Supplies: If there is a residual inventory of unused supplies exceeding $5,000 in total aggregate value upon termination or completion of the project or program and the supplies are not needed for any other federal award, the Subrecipient must retain the DHS-FEMA-HSGP-SHSP-FY23 - Page 5 of 47 Mason County EM, E24-133 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). 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/quidance- 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. d. Equipment purchases (those with a current per -unit fair market value in excess of $5,000) must be identified and explained to the Department. Use, management, and disposition of such equipment is subject to requirements outlined in 2 CFR 200.313. Before making such purchases, the Subrecipient should analyze the cost benefits of purchasing versus leasing equipment, especially high -cost items and those subject to rapid technical advances, e. Unless expressly provided otherwise, all equipment must meet all mandatory regulatory state and DHS/FEMA adopted standards to be eligible for purchase using federal award funds. f. 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. 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 9. DHS-FEMA-HSG P-SHSP-FY23 Page 6 of 47 Mason County EM, E24-133 ill 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 (2016) and 2 CFR 200.216, 200.327, 200.471, and Appendix II 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. h. 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. i. 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 environment, including, but not limited to, construction of communication towers; modification or renovation of existing buildings, structures, and facilities; or new construction, including replacement of facilities, must participate in the DHS/FEMA EHP review process prior to project initiation. Modification of existing buildings, including minimally invasive improvements such as attaching monitors to interior walls, and training or exercises occurring outside in areas not considered previously disturbed also require a DHS/FEMA EHP review before project initiation. c. The EHP review process involves the submission of a detailed project description that includes the entire scope of work, including any alternatives that may be under consideration, along with supporting documentation so FEMA may determine whether the proposed project has the potential to impact environmental resources and/or historic properties. d. The Subrecipient agrees that, to receive any federal preparedness funding, all EHP compliance requirements outlined in applicable guidance must be met. The EHP review process must be completed and FEMA approval must be received by the Subreclpient before any work is DHS-FEMA-H S G P-S H S P-FY23 Page 7 of 47 Mason County EM, E24-133 started for which reimbursement will be later requested. Expenditures for projects started before completion of the EHP review process and receipt of approval by the Subrecipient may not be reimbursed. 6. PROCUREMENT The Subrecipient shall comply with all procurement requirements df 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 reviewing and approving sole source justifications to any non-federal entity to which Subrecipient makes any award. 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 be greater than 55% of the total cost of all minimum amount of domestic content of manufactured product, unless subject to another standard. 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. OHS-FEMA-H$0 P-SHSP-FY23 Page 8 of 47 Mason County EM, E24-133 ill. 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 Departments 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. 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; Ili. Documentation of phone calls, meetings (e.g., agendas, sign -in sheets, meeting minutes), e- mails, and correspondence; iv. Review of reimbursement requests and supporting documentation to ensure allowability and consistency with Agreement Work Plan (Attachments D-1, D-2, D-3), Budget (Attachment E), and federal requirements; v. Observation and documentation of Agreement -related activities, such as exercises, training, events, and equipment demonstrations; and vi. On -site visits to review equipment records and inventories, to verify source documentation for reimbursement requests and performance reports, and to verify completion of deliverables. d. The Subrecipient is required to meet or exceed the monitoring activities, as outlined above, for any non-federal entity to which the Subrecipient makes a subaward as a pass -through entity under this Agreement. e. Compliance will be monitored throughout the performance period to assess risk. Concerns will be addressed through a corrective action plan. 8. LIMITED ENGLISH PROFICIENCY (CIVIL RIGHTS ACT OF 1964 TITLE VI) The Subrecipient must comply with the Title VI of the Civil Rights Act of 1964 (Title VI) prohibition against discrimination on the basis of national origin, which requires that subrecipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services. Providing meaningful access for persons OHS-FEMA-HSG P-S HS P-FY23 Page 9 of 47 Mason County EM, E24-133 with LEP may entail providing language assistance services, including oral interpretation and written translation. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (August 11, 2000), requires federal agencies to issue guidance to recipients, assisting such organizations and entities in understanding their language access obligations. DHS published the required recipient guidance in April 2011, DHS Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition against National Origin Discrimination Affecting Limited English Proficient Persons, 76 Fed. Reg. 21755-21768, (April 18, 2011). The Guidance provides helpful information such as how a recipient can determine the extent of its obligation to provide language services, selecting language services, and elements of an effective plan on language assistance for LEP persons. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance at https://www.dhs.clov/guidance-published- help-department-supported-organizations-provide-meaningful-access-people-limited and additional resources on https://www.lep.gov. 9. NIMS COMPLIANCE a. The National Incident Management System (NIMS) identifies concepts and principles that answer how to manage emergencies from preparedness to recovery regardless of their cause, size, location, or complexity. NIMS provides a consistent, nationwide approach and vocabulary for 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 athttps://www.fema.gov/emerclencv- managers/n ims/implementation-train ina. B. HSGP SPECIFIC REQUIREMENTS 1. The Subrecipient must use HSGP funds only to perform tasks as described in the Work Plan (Attachments D-1, D-2, D-3), as approved by the Department, and in compliance with this Agreement. a. SHSP-funded projects must assist state, local, tribal, and territorial efforts to build, sustain, and deliver the capabilities necessary to prevent, prepare for, protect against, and respond to acts of terrorism. b. UASI-funded projects must assist high -threat, high -density Urban Area efforts to build, sustain, and deliver the capabilities necessary to prevent, prepare for, protect against, and respond to acts of terrorism. c. OPSG-funded projects must support enhanced cooperation and coordination among Customs and Border Protection, United States Border Patrol, and federal, state, local, tribal, and territorial law enforcement agencies to support joint efforts to secure the United States' borders along routes of ingress/egress to and from international borders, to include travel corridors in states bordering Mexico and Canada, as well as states and territories with international water borders. State, local, tribal, and territorial law enforcement agencies utilize their inherent law enforcement authorities to support the border security mission and do not receive any additional authority as a result of participation in OPSG. d. State agencies, including law enforcement, must comply with RCW 43.17,425 and may not use agency funds (including this grant), facilities, property, equipment, or personnel, to investigate, enforce, cooperate with, or assist in the investigation or enforcement of any federal registration or surveillance programs or any other laws, rules, or policies that target Washington residents DHS-FEMA-HSGP-SHSP-FY23 Page 10 of 47 Mason County EM, E24-133 solely on the basis of race, religion, immigration, or citizenship status, or national or ethnic origin, except as provided in ROW 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 Tess than the indicated amount, a budget amendment is required. c. The maximum percentage of the Grant Agreement Amount that may be used for personnel II expenses under this Agreement is identified in the Budget. If the Subrecipient anticipates 11 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 -OHS FEMA training, the Subrecipient must request prior written approval from the Department Key Personnel before attending the training. The Department will coordinate approval with the State Training Point of Contact. Pursuant to DHS/FEMA Grant Programs Directorate Information Bulletin No. 432, Review and Approval Requirements for Training Courses Funded Through Preparedness Grants, https://www.fema.aov/sites/default/files/2020- 04/Traininq 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 Subrecipients Emergency Operations Plan. This requirement only applies to training courses and does not include attendance at conferences. Furthermore, additional federal approvals are required for courses that relate to Countering Violent Extremism prior to attendance. 5. For SHSP and UASI, Subrecipients are required to complete the annual Nationwide Cybersecurity Review (NCSR) https://www.cisecurity,orq/ms-isac/services/ncsr to benchmark and measure progress of improvement in their cybersecurity posture. 6. Except for an elevated National Terrorism Advisory System alert prior written approval is required before SHSP and UASI funds may be used for operational overtime. Requests must be submitted to the Department Key Personnel in advance of the expenditure to ensure all additional approval steps can be met, 7. SHSP Subrecipients shall participate in the State's annual Stakeholder Preparedness Review (SPR), the State's Threat and Hazard Identification and Risk Assessment (THIRA), core capabilities assessments, and data calls. Non -participation may result in withholding of funding under future grant years. 8, UASI Subrecipients shall participate in the annual UASI SPR and THIRA process. 9. Subrecipients should document their preparedness priorities, informed by various factors, including jurisdiction specific threats and hazards (i.e., the THIRA); areas for improvement identified by real - world events and exercises; external requirements such as state or national preparedness reports, homeland security policy, and industry reports; and accreditation standards, regulations, or legislative requirements, and use them to deploy a schedule of preparedness events in a multi -year Integrated Preparedness Plan (IPP). Subrecipients are encouraged to participate in the State's annual D HS-FEMA-HSG P-SHSP-FY23 Page 11 of 47 Mason County EM, E24-133 Integrated Preparedness Planning Workshop (IPPW) or may conduct their own local/regional IPPW. Information related to IPPs and Integrated Preparedness Planning Workshops (IPPWs) can be found on the HSEEP website at https://www.fema.gov/HSEEP and https://preptoolkit.fema.gov/. C. DHS TERMS AND CONDITIONS As a subreoipient of 23HSGP funding, the Subrecipient shall comply with all applicable DHS terms and conditions of the 23HSGP Award Letter and its incorporated documents , which are incorporated in and made a part of this Agreement as Attachment C. DHS-F E MA-H S G P-S H S P-FY23 Page 12 of 47 Mason County EM, E24-133 Attachment B Washington Military Department GENERAL TERMS AND CONDITIONS Department of Homeland Security (DHS)/ Federal Emergency Management Agency (FEMA) Grants A.1 DEFINITIONS As used throughout this Agreement, the terms will have the same meaning as defined in 2 CFR 200 Subpart A (which is incorporated herein by reference), except as otherwise set forth below: a. "Agreement" means this Grant Agreement. b. "Department" means the Washington Military Department, as a state agency, any division, section, office, unit or other entity of the Department, or any of the officers or other officials lawfully representing that Department. The Department is a recipient of a federal award directly from a federal awarding agency and is the pass -through entity making a subaward to a Subrecipient under this Agreement. c. "Investment" means the grant application submitted by the Subrecipient describing the project(s) for which federal funding is sought and provided under this this Agreement. Such grant application is hereby incorporated into this Agreement by reference. d, "Monitoring Activities" means all administrative, financial, or other review activities that are conducted to ensure compliance with all state and federal laws, rules, regulations, authorities and policies. e. "Stakeholder Preparedness Review (SPR)" The SPR is an annual three -step self -assessment of a community's capability levels based on the capability targets identified in the THIRA. "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. "Threat and Hazard Identification and Risk Assessment (THIRA)" The THIRA is a three -step risk assessment. The THIRA helps communities understand their risks and determine the level of capability they need in order to address those risks. The outputs from this process lay the foundation for determining a community's capability gaps during the SPR process. A.2 ADVANCE PAYMENTS PROHIBITED The Department shall make no payments in advance or in anticipation of goods or services to be provided under this Agreement. Subrecipient shall not invoice the Department in advance of delivery and invoicing of such goods or services. A.3 AMENDMENTS AND MODIFICATIONS The Subrecipient or the Department may request, in writing, an amendment or modification of this Agreement. However, such amendment or modification shall not be binding, take effect or be incorporated herein until made in writing and signed by the authorized representatives of the Department and the Subrecipient. No other understandings or agreements, written or oral, shall be binding on the parties. The Agreement performance period shall only be extended by (1) written notification of DHS/FEMA approval of the Award performance period, followed up with a mutually agreed written amendment, or (2) written notification from the Department to the Subrecipient to provide additional time for completion of the Subrecipient's project(s). A.4 AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336 42 U.S.C. 12101 ET SEQ. AND ITS IMPLEMENTING REGULATIONS ALSO REFERRED TO AS THE "ADA" 28 CFR Part 35. The Subrecipient must comply with the ADA, which provides comprehensive civil rights protection to Individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunication, g. DHS-FEMA-H S G P-S H S P-FY23 Page 13 of 47 Mason County EM, E24-133 A.5 ASSURANCES The Department and Subrecipient agree that all activity pursuant to this Agreement will be in accordance with all the applicable current federal, state and local laws, rules, and regulations. A.6 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, OR INELIGIBILITY As federal funds are a basis for this Agreement, the Subrecipient certifies that the Subrecipient is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Agreement by any federal department or agency. The Subrecipient shall complete, sign, and return a Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion form located at http://mil.wa.gov/emergency-manaciement- 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/SAM/) maintained by the federal government. The Subrecipient also agrees not to enter into any arrangements or contracts with any party on the Washington State Department of Labor and Industries' "Debarred Contractor List' (https://secure ini.wa.ciov/debarandstrike/ContractorDebarList.asox). 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.ciov/services/ContractingPurchasinq/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 DHS-FE MA-HSGP-S H S P-FY23 Page 14 of 47 Mason County EM, E24-133 CFR Section 52.203-5), Public Records Act (RCW 42.56), Prevailing Wages on Public Works (RCW 39,12), State Environmental Policy Act (RCW 43,21C), Shoreline Management Act of 1971 (RCW 90.58), State Building Code (RCW 19.27), Energy Related Building Standards (RCW 19.27A), Provisions in Buildings for Aged and Handicapped Persons (RCW 70.92), and safety and health regulations. In the event of noncompliance or refusal to comply with any applicable law, regulation, executive order, OMB 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 DI-IS-FEMA-HSGP-SHSP-FY23 Page 15 of 47 Mason County EM, E24-133 provision for compliance with the Copeland "Anti -Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or Subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. 5) Contract Work Hours and Safety 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 an 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 PHS-FEMA-HSGP-SHSP-FY23 Page 16 of 47 Mason County EM, E24-133 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 compefition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 11) Notice of federal awarding agency requirements and regulations pertaining to reporting. 12) Federal awarding agency requirements and regulations pertaining to copyrights and rights in data. 13) Access by the Department, the Subrecipient, the federal awarding agency, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the contractor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions. 14) Retention of all required records for six years after the Subrecipient has made final payments and all other pending matters are closed. 15) Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871). 16) Pursuant to Executive Order 13858 "Strengthening Buy -American Preferences for Infrastructure Projects," and as appropriate and to the extent consistent with law, the non- Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States, as required in 2 CFR Part 200.322, in every contract, subcontract, purchase order, or sub -award that is chargeable against federal financial assistance awards. 17) Per 2 C.F.R. § 200.216, prohibitions regarding certain telecommunications and video surveillance services or equipment are mandated by section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year2019 (FY2019 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 D H S-FE M A-HS G P-SH S P-FY23 Page 17 of 47 Mason County EM, E24-133 dispute resolution board and its attorney fees and costs and share equally the cost of the third board member. , A.13 LEGAL RELATIONS It is understood and agreed that this Agreement is solely for the benefit of the parties to the Agreement and gives no right to any other party. No joint venture or partnership is formed as a result of this Agreement. To the extent allowed by law, the 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: DHS-FEMA-HSG P-SHSP-FY23 Page 18 of 47 Mason County EM, E24-133 a. Nondiscrimination in Employment: The Subrecipient shall not discriminate against any employee or applicant for employment because of race, color, sex, sexual orientation, religion, national origin, creed, marital status, age, Vietnam era or disabled veteran status, or the presence of any sensory, 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 Departments 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. D HS-FEMA-H S G P-S H SP-FY23 Page 19 of 47 Mason County EM, E24-133 A.24 RECAPTURE PROVISION In the event the Subrecipient fails to expend funds under this Agreement in accordance with applicable federal, state, and local laws, regulations, and/or the provisions of the Agreement, the Department reserves the right to recapture funds in an amount equivalent to the extent of noncompliance. Such right 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. DHS-FEMA-HSGP-SHSP-FY23 Page 20 of 47 Mason County EM, E24-133 Non-federal entities, as Subrecipients of a federal award, that expend $750,000 or more in one fiscal year of federal funds from all sources, direct and indirect, are required to have a single or a program - specific audit conducted in accordance with 2 CFR Part 200 Subpart F. Non-federal entities that spend less than $750,000 a year in federal awards are exempt from federal audit requirements for that year, except as noted in 2 CFR Part 200 Subpart F. AS defined in 2 CFR Part 200, the term "non-federal entity" means a state, local government, Indian tribe, institution of higher education, or nonprofit organization that carries out a federal award as a recipient or 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 98430-6032 OR Contracts. OfficeCo7m i I.wa.q ov 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. DHS-FEMA-HSG P-SHSP-FY23 Page 21 of 47 Mason County EM, E24-133 If the Subrecipient is an Individual currently employed by a Washington State agency, the Department shall obtain proper approval from the employing agency or institution before entering into this contract. A statement of "no conflict of interest" shall be submitted to the Department. A.30 TAXES, FEES AND LICENSES Unless otherwise provided in this Agreement, the Subrecipient shall be responsible for, pay and maintain in current status all taxes, unemployment contributions, fees, licenses, assessments, permit charges and 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. D H S- F E M A-H S G P-S H S P- F Y23 Page 22 of 47 Mason County EM, E24-133 If it is determined that the Subrecipient: (1) was not in default or material breach, or (2) failure to perform was outside of the Subrecipient's control, fault or negligence, the termination shall be deemed to be a termination for convenience. A.34 TERMINATION PROCEDURES In addition to the procedures set forth below, if the Department terminates this Agreement, the Subrecipient shall follow any procedures specified in the termination notice. Upon termination of this Agreement and in addition to any other rights provided in this Agreement, the Department may require the Subrecipient to deliver to the Department any property specifically produced or acquired for the performance of such part of this Agreement as has been terminated. 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 renderedor 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%. OHS-FEMA-HSGP-SHSP-FY23 Page23 of 47 Mason County EM, E24-133 A.36 VENUE This Agreement shall be construed and enforced in accordance with, and the validity and performance shall be governed by, the laws of the state of Washington. Venue of any suit between the parties arising out of this Agreement shall be the Superior Court of Thurston County, Washington. The Subrecipient, by execution of this Agreement, acknowledges the jurisdiction of the courts of the state of Washington. 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. DH S-F E M A-H S G P-S H S P-FY23 Page 24 or 47 Mason County EM, E24-133 Attachment C 23HSGP Award Letter EMW-2023-SS-00063 Atyiar'd Lotter : ;'I U.S. Department of Homeland Security Washington, D.C. 20472 Bret Daugherty Washington Military Department Building 20 Camp Murray, WA 98430 - 5122 Re: Grant No,EMW-2023-SS-00063 Dear Bret Daugherty; Congratulations, on behalf of the Department of Homeland Security, your application for financial assistance submitted under the Fiscal Year (FY) 2023 Homeland Security Grant Program has been approved In the amount of $1.4,010,447.00.. You are not required to match this award with any amount of non -Federal funds. • Before you request and receive any of the Federal funds awarded to you, you must establish acceptance of the award, By accepting this award, you acknowledge that the terms of the following documents are incorporated Into the terms of your award: • Agreement Artloies (attached to this Award Letter) • Obligating Document (attaohed to this Award Letter) • FY 2023 Homeland Security Grant Program Notice of Funding Opportunity. • FEMA Preparedness Grants Manual Pleaee make sure you read, understand, and maintain a copy of these documents In your official file for this award. In order to establish acceptance of the award and its terms, please follow these Instructions: Step 1: Please log In to the ND Grants system at https://portal.fema.gov. Step 2: After logging in, you will see the Home page with a Pending Tasks menu. Click on the Pending Tasks menu, select the ApplicatIon sub -menu, and then olick the link for "Award Offer Review" tasks. This link will navigate you to Award Paokages that are pending review. Step3: Cliok the Review Award Package icon (wrench) to review the Award Package and accept or decline the award. Please save or print the Award Package for your records. System for Award Management (SAM): Grant recipients are to keep all of their Information up to date In SAM, In particular, your organization's name, address, Unique Entity Identifier (UEI) number, EIN and banking information. Please ensure that the UEI number used In SAM is the same one used to apply for all FEMA awards. Future payments will be contingent on the Information provided in the SAM; therefore, It Is Imperative that the information Is correct. The System for Award Management Is located at httoi/www.sem.gov If you have any questions or have updated your information in SAM, please let your Grants Management Specialist (GMS) know as soon as possible. This will help us to make the necessary updates and avoid any Interruptions In the payment process. PAMELA SUSAN WILLIAMS DHS-FEMA-HSGP-S HSP-FY23 Page 25 of 47 Mason County EM, E24-133 Fri Sep 01 00:00:00 UTC 2023 U.S. Department of Homeland Security Washington, D,C. 20472 AGREEMENT ARTICLES Homeland Security Grant Program GRANTEE: Washington Military Department PROGRAM: Homeland Security Grant Program AGREEMENT NUMBER: EMW-2023-SS-00063-S01 TABLE OF CONTENTS Article I Summary Description of Award. Article 11 HSGP Performance Goal .Article III DHS Standard Terms and Conditions Generally Article IV Assurances, Administrative Requirements, Cost Principles, Representations. and Certifications Article V General Acknowledgements and Assurances Article VI Acknowledgement of Federal Funding from DHS Article VII Activities Conducted Abroad Article VI I I Age Dlsoriminatlon Act of 1975 Article IX Americans with Disabilities Act of 1990 Article X Rest Practices for Collection end Use of Personally Identifiable Information Article XI Civil Rights Act of 1964 - Title VI Article Xf1 Civil Rights Act of 1966 Article XI II Copyright Article XIV Debarment and Suspension Article XV Drug -Free Workplace Regulations Article XVI Duplication of Benefits OHS-FEMA-HSGPSHSP-FY23 Page 26 of 47 Mason County EM, E24-133 Article XVII Education Amendments of 1972 (Equal Opportunity in Education Act) - Title IX Article XVIII E.O. 14074 - Advancing Effective, Accountable Policing and Criminal Justice Practices to Enhance Public Trust and Public Safety Article XIX Energy Policy and Conservation Act Article XX False Claims Act and Program Fraud Civil Remedies Article XXI Federal Debt Status Article XXII Federal Leadership an Reducing Text Messaging while Driving Artois XXIII Fly Amedca Act of 1974 Article XXIV Hotel and Motel Fire Safety Mt of 1990 Article XXV John S. McCain National Defense Authorization Act of Fiscal Year 2019 Article XXVI Limited English. Proficiency (Civil Rights Act of 1964- Title VI) Article XXVII Lobbying Prohibition Article XXVIII National Environmental Policy Act Article XXIX Nondiscrimination in Matters Pertaining to Faith -Based Organizations Article XXX Non -Supplanting Requirement Article XXXI Notice of Funding Opportunity Requirements Artlole XXXII Patents and Intellectual Property Rights Article XXXI II Procurement of Recovered Materials Article.XXXIV Rehabilitation Act of 1073 Article XXXV Reporting of Matters Related to Recipient Integrityand Performance Article XXXVI Reporting Subawards and Executive Compensation Article XXXVII Required Use of Amerloan'Iron, Steel, Manufactured Products, and Construction Materials D H S-F E MA- H S G P-S H S P-FY23 Page 27 of 47 Mason County EM, E24-133 Article XXXVIII SAFECOM Article XXXIX. Terrorist Financing Article XL Trafficking Victims Protection Act of 2000 (TVPA) Article XLI Universal Identifier and System of Award Management Article XLII USA PATRIOT Act of 2001 Article XLIII Use of DHS Seal, Logo and Flags Article XLIV whlstleblower Protection Act Article XLV Environmental Planning and Historic Preservation (EHP) Review Article XLVI Applicability of DHS Standard Terms and Conditions to Tribes Article XLVI I Acceptance of Post Award Changes ArticleXLVl11 Disposition of Equipment Acquired Under the Federal Award Article XLIX Prior Approval for Modification of Approved Budget Article L Indirect Cost Rate Article LI Operation Stonegarden Program Hold Article LII OPSG Program Performance Goal Article LIII Funding Hold: SHSP National Priorities Article LIV Funding Hold: UASI National Priorities Article I - Summary Description of Award The purpose of the FY 2023 HSGP is to support state and local efforts to prevent terrorism and other catastrophic events and to prepare the Nation for the threats and hazards that pose the greatest risk to the security of the United States. The HSGP provides funding to implement Investments that build, sustain, and deliver the 32 core capabilities essential to achieving the National Preparedness Goal of a secure and resilient Nation. Among the five basic homeland security missions noted in the DHS quadrennial Homeland Security Review, HSGP supports the goal to Strengthen National Preparedness and Resilience. The building, sustalnment, and delivery of these core capabilities are not exclusive to any single level of government, organization, or community, but rather, require the combined effort of the whole community. This HSGP award consists of State Homeland Security Program (SHSP) funding In the amount of $6,190,947, Urban Area Security Initiative (UASI) funding in the amount cf$6,250,000 (Seattle Urban Area), and Operation Stonegarden (OPSG) funding in the amount of $1,589,600, The following counties shall receive OPSG subewards for the following amounts: Adams, $95,000; Clallam, $150,000; Ferry, $84,500; Island, $100,000; Lower Elwha Tribe, $75,000; Makah Tribe, $76,000; Nocksaok, $99,000; Okanogan, $100,000; Pend Oreille, $150,000; Qulleute Tribe, $60,000; San Juan, $100,000; Spokane, $121,000; Stevens, $150,000; Swinomish Tribe, $46,000; Whatcom, $175,000. These grant programs fund a range DHS-F EM A-HSGP-SHSP-FY23 Page 28 of 47 Mason County EM, E24-133 of activities, Including planning, organization, equipment purchase, training, exercises, and management and administration across all core capabilities and mission areas. Article II - HSGP Performance Goal In addition to the Biannual Strategy Implementation Report (B61R) submission requirements outlined In the Preparedness Grants Manual, recipients must demonstrate how the grant -funded project addressed the core capability gap associated with this project and Identified In the Threat and Hazard Identification and Risk Analysis (THIRA) or Stakeholder Preparedness Review (SPR) or sustains existing capabilities as applicable. The capability gap reduction must be addressed in the Project Description of the BSIR for each project, Article 111 DHS Standard Terms and Conditions Generally The Fiscal Year (FY) 2023 DHS Standard Terms and Conditions apply to all new federal financial assistance awards funded in FY 2023, These terms and conditions flow down to subreclpfents unless an award term or condition speoifically indicates otherwise. The United States has the right to seek Judicial enforcement of these obligations. All Legislation and digital resources are referenced With no digital links. The FY 2023 DHS Standard Terms and Conditions will be housed on dhs.gov atwww.dhs.gov/publication/fy15-dhs- standard -terms -and -conditions. Article IV -Assurances, Administrative Requirements, Cost Principles, Representations and Certifications I. DHS financial assistance recipients must complete either the Office of Management and Budget (OMB) Standard Form 424B Assurances Non -Construction Programs, or OMB Standard Farm 4240 Assurances Construction Programs, as applicable. Certain assurances In these documents may not be applicable to your program, and the DHS financial assistance office (DHS FAO) may require applicants to certify additional assurances. Applicants are required to fill out the assurances as Instructed by the awarding agency. DHS financial assistance recipients are required to follow the appl loable provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards located at Title 2, Code of Federal Regulations (C.F.R.) Part 200 and adopted by DHS at 2 C.F.R. Part 3002. III. By accepting this agreement, recipients, and their executives, as defined in 2 C.F.R. section 170.315, certify that their policies are In accordance with OMBs guidance located at 2 C.F.R. Part 200, all applicable federal laws, and relevant Executive guidance, Article V - General Acknowledgements and Assurances All recipients, aubreciplents, successors, transferees, and assignees must acknowledge and agree to oomply with applicable provisions governing DHS access to records, accounts, documents, Information, facilities, and staff. I. Recipients must cooperate with any DHS compliance reviews or compliance Investigations conducted by DHS. II, Recipients must give DHS access to examine and copy records, accounts, and other documents and sources of information related to the federal financial assistance award and permit access to facilities or 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, as prescribed by law, or detailed In program guidance. V. Recipients (as defined in 2 C.F.R. Part 200 and Including recipients aoting as pass -through entities) of federal financial assistance Prom DHS or one of its awarding component agencies must complete the DHS Civil Rights Evaluation Tool within thirty (30) days of receipt of the Notice of Award for the first award under which this term applies. Recipients of multiple awards of DHS financial assistance should only submit one completed tool for their organization, not per award. After the initial submission, recipients are required to complete the tool once every two (2) years If they have an active award, not every time an award Is made. Reclplents should submit the completed tool, including supporting materials, to CIvilRlghtsEvaluatlon©hq.dhs.gov. This tool clarifies the civil rights obligations and related reporting requirements contained in the DHS Standard Terms and Conditions. Subreciplents are not required to complete and submit this tool to DHS. The evaluation tool can be found at httpsa/www.dhs.govlpublloation/dhs-clvll-rights-evaluation-tool, DHS Civil Rights Evaluation Tool Homeland Security DHS-FEMA-HSGP-SHSP-FY23 Page 29 of 47 Mason County EM, E24-133 The DHS Office for Civil Rights and Civil Liberties will consider, In Its discretion, granting an extension If the recipient Identifies steps and a timeline for completing the tool, Recipients should request extensions by mailing the request to CivIiRightsEvaluatlon@hq.dhs.gov prior to expiration cif the 30-day deadline, Article VI -Acknowledgement of Federal Funding from OHS Recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposal, bid Invitations, and other documents describing projects or programs funded In whole or In part with federal funds. Article VII -Activities Conducted Abroad Recipients must ensure that project activities performed outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. Article VIII • Age Discrimination Act of 1976 Recipients must comply with the requirements of the Age Discrimination Act of 1975, Public Law 94-136 (1975) (codified as amended at Title 42, U.S, Code, sedtion 6101 et seq.), which prohibits discrimination on the basis of age In any program or activity receiving federal financial assistance. Article IX - Americans with Disabilities Act of 1990 Recipients must comply with the requirements of Titles I, ➢, and ill of the Americans with Disabilities Act, Pub. L. 101-336 (1990) (codified as amended at 42 U:S.C. sections 12101-12213), which prohibits recipients from discriminating on the basis of disability In the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entitles. Article X - best Practices' for Collectloh and Use of Personally Identifiable Information Recipients who collect personally identifiable Information (Pli) are required to have a publicly available privacy policy that describes standards on the usage and maintenance of the Pil they collect. DHS defines PII as any information that permits the Identity of an individual to be directly dr 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 XI - Civil Rights Act of 1964 - Title VI Recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964 (codified as amended at 42 U,S.C. section 2000d et seq.), which provides that no person in the United States. will, on the grounds of race, color,. or national origin, be excluded from participation In, be denied the benefits of, or be subjected to discrimination Under any.program or activity receiving federal financial assistance. DHS Implementing regulations for the Act are found at 6 C.F.R. Part 21 and 44 O,,F.R, Part 7. Article XII - Civil Rights Act of 1.968 Recipients must comply with Title VIII of the Civil Rights Aot of 1968, Pub. L. 90.284, as amended through Pub. L. 113-4, which prohibits recipients from discriminating to the sale, rental, financing, and advertising of dwellings, or in the provision of services In connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex (see 42 U.S.C, section 3601 et seq.), as Implemented by the U.S. Department of Housing and Urban Development at 24 C.F,R. Part 100. The prohibition on disability discrimination Includes the requirement that new multifamily housing with four or more dwelling units-i.e., the public and common use areas and Individual apartment units (all units in buildings with elevators and ground -floor units in buildings without elevators) -be designed and constructed with certain accessible features, (See 24 C.F.R. Part 100, Subpart D.) • Article XIII - Copyright Reclplents must affix the applicable copyright notices of 17 U.S.C. sections 401 or 402 and an acknowledgement of U,S.' Government sponsorship (including the award number) to any work first produced under federal financial assistance awards. Article XIV - Debarment and Suspension Recipients are subject to the non -procurement debarment and suspension regulations Implementing Executive Orders (E.G.) 12649 and 12689, which are at 2 G.F.R. Part 180 as adopted by DHS at 2 C, F,R. Part 3002. These regulations restrict DHS-FEMA-HSGP-SHSP-FY23 Page 30 of 47 Mason County EM, E24-133 federal financial assistance awards, subawards, and contracts with certain parties that are debarred, auspended, or otherwise excluded from or Ineligible for participation In federal assistance programs or aotivlties. Article XV - Drug -Free Workplace Regulations Recipients must comply with drug -free workplace requirements in Subpart B (or Subpart C, if the recipient is an individual) of 2 G.F.R. Part 3001, which adopts the Government -wide Implementation (2 C.F.R. Part 182) of Sec. 5152-5158 of the Drug -Free Workplace Ant of 1988 (41 U.S.O. sections 8101-8106). Article XVI - Duplication of Benefits Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies; to avoid restrictions Imposed by federal statutes, regulations, or federal financial assistance award terms and conditions; or for other reasons. However, these prohibitions would not preclude recipients from shifting costs that are allowable undertwo or mare awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and condition may not be charged to other federal financial assistance awards to overcome fund deficiencies; to avoid restrictions imposed by federal statutes, regulations, or federal financial assistanoe award terms and conditions; or for other reasons. Article XVII - Education Amendments of 1972 (Equal Opportunity in Education Act) - Title IX Reolplents must comply with the requirements of Title IX of the Education Amendments of 1972, Pub. L. 92-318 (1972) (codified as amended at 20 U.S.C. section 1681 :et seq.), which provide that no person In the United States will, on the basis of sex, be exoluded from partiolpatlomin,, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assistance. DHS implementing regulations are codified at 6 C..F.R. Part 17 and 44C.F.R. Part 19. Article XVIII - E.O. 14074 • Advancing Effective, Accountable Policing and Criminal Justice Practices to Enhance Public Trust and Public 'Safety Recipient State, Tribal, local,or territorial law enforcement agencies must comply with the requirements of section 12(o) of E.C, 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. Article XIX - Energy Policy and Conservation Act Recipients must comply with the requirements of the Energy Policy and Conservation Act, Pub. L. 94- 163 (1975) (codified as amended at 42 U.S.C. section 6201 et seq.), which contain, policies relating to energy efficiency that are defined In the state energy conservation plan issued in compliance with this Act. Article XX False Claims Act and Program Fraud Civil Remedies 'Recipients must comply with' the requirements of the False Claims Act, 31 U.S.C. sections 3729.3733„ which prohibit the submission of false or fraudulent claims for payment to the Federal Government. (See 31 U.S.C. sections 3801-3812, which details the administrative remedies for false claims and statementa made.) Article XXI - Federal Debt Status All recipients are required to be non -delinquent in their repayment of any federal debt. Examples of relevant debt include. delinquent payroll and other taxes, audit disallowances, and benefit overpayments. (See OMB Circular A-129.) Article XXII - Federal Leadership on Reducing Text Messaging while Driving Reolplents are encouraged to adopt and enforce policies that ban text messaging while driving as described in E.O. 13513, Including conducting Initiatives described in Section 3(a) of the Order when an official government business or when performing any work for or on behalf of the Federal Government. Article XXIII - Fly America Act of 1974 Reolplents must comply with Preference for U.S. Flag Air Carriers (air carriers holding certificates under49 U.S.C.) for International alr transportation of people and property to the extent that such servioe is available, In accordance with the International Air Transportation Fair Competitive Practices Act of 1974, 49 U.S.C. section 40118, and the interpretative DHS-FEMA-HSGP-S H S P-FY23 Page 31 of 47 Mason County EM, E24-133 guidelines issued by the Comptroller General of the United States In the March 31, 1981, amendment to Comptroller General Decision B-138942. Article XXIV - Hotel and Motel Fire Safety Act of 1890 Recipients must ensure that all conference, meeting, convention, or training space funded In whole or In part with federal funds complies with the fire prevention and control guidelines of Section 6 of the Hotel and Motel FIre,Safety Aot of 1990; 15 U.S,C. section 2225a. Article XXV - John S. McCain National Defense Authorization Act of Fiscal Year 2019 Recipients, subrecipients, and their contractors and subcontractors are subject to the prohibitions described in section 889 of the John 5. McCain National Defense Authorization Act for Flsoal Year 2019, Pub. L. No. 115.232 (2018) and 2 C,F. R. sections 200,216, 200.327, 200,471, and Appendix II to 2 C. F.R. Part 200, Beginning August 13, 2020, the statute - as It applies to DHS recipients, subreoiplents„and their contractors and subcontractors - prohibits obligating or expending federal award funds on certain telecommunications and video surveillance products and contracting with certain entitles for national security reasons, Article XXVI - Limited English Proficiency (Civil Rights Act of 1984 - Title VI) Recipients must comply with Title VI of the Civil Rights Act of 1964, (42 U.S.C. section 2000d et seq.) prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs end services. For additional assistance and Information regarding language access obligations, please refer to the DHS Recipient Guidance: hops:/lwww. dhs.gov/guidance-published-help-department-supported-organizations-provide.-meaningful-access-people-limited and additional resources on http://www.lap.gov. Article XXVII - Lobbying Prohibitions Recipients must comply with 31 U.S.C. section 1352, which provides that none of the Funds provided under a federal financial assistance award may be expendedby the recipient to pay any person to Influence, or attempt to Influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action related to a federal award or contract, including any extension, continuation, renewal, amendment, or modification. Article XXVIII - National Environmental Policy Ad Recipients must comply with the requirementsof the National Environmental Policy Act of 1969, (NEPA) Pub. L. 91-190 (1970) (codified as amendedtat 42 U.S.C. section 4321 et seq.) 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 soda I, economic, and other needs of present and future generations of Americans. Article XXIX - Nondiscrimination In Matters Pertaining to Fnith-Based Organizations It Is DHS policy to ensure the equal treatment of faith -based organizations in social serviceprograms administered or supported by DHS or its component agencies, enabling those organizations to participate In providing Important social services to beneficiaries. Recipients must comply with the equal treatment policies and requirements contained in 6 C.F.R. Part 19 and other applicable statues, regulations, and guidance governing the participations of faith -based organizations In individual DHS programs. Article XXX - Non -Supplanting Requirement Recipients receiving federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non-federal sources. Article XXXI -Notice of Funding Opportunity Requirements DHS-FEMA-HSGP-SHSP-FY23 Page 32 of 47 Mason County EM, E24-133 All the instructions, guidance, limitations, and other conditions set forth In the Notice of Funding Opportunity (NOFO) for this program are Incorporated here by reference in the award terms and conditions, Alt recipients must comply with any such requirements set Forth In the program NOFO. Article XXXII - Patents and Intellectual Property Rights Recipients are subject to the Bayh-Dole Act, 35 U,S:O, section 200 et seq, unless otherwise provided by law. Recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from federal Financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. section 401,14. Article XXXIII - Procurement of Recovered Materials States, political subdivisions of states, and theft contractors must comply with Section 6002 of the Solid Waste Dlsposal Act, Pub. L. 89-272 (1965), (codified as amended by the Resource Conservation and Recovery Act, 42 U.S.C. section 6962.) The requirements of Section 6002 Include procuring only items designated In guidelines of the Environmental Protection Agency (EPA) at 40 C. F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. Article XXXIV - Rehabilitation Act of 1973 Recipients must comply with the requirements of Section504 of the Rehabilitation Act of 1973, Pub. L. 93-112 (1973) (codified as amended at 29 U.S.C. section 794)., which provides that no otherwise qualified handicapped individuals in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. Article XXXV - Reporting of Matters Related to Recipient Integrity and Performance General Reporting Requirements: If the total value of any currently active grants, cooperative agreements, and procurement contracts froth all federal awarding agencies exceeds $10,000,000 for any period of time during the. period of performance of this federal award, then the recipients must comply with the requirements set forth In the government -wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2. C.F.R. Part 290, Appendix XII, the full text of which is Incorporated here by reference in the award terms and conditions. ArticleXXXVI - Reporting Subawards and Executive Compensation Reporting of first tier subawards: Recipients are required to comply with the requirements set forth In thegovernment-wlde award term on Reporting Subawards and Executive Compensation located at 2 C.F. R, Part 170, Appendix A, the full text of which Is Incorporated here by reference ' in the award terms and conditions, Article XXXVII - Required Use of American Iron, Steal, Manufactured Products, and Construction Materials Reoipients must comply with the Build America, Buy America provisions of the Infrastructure Investment and Jobs Act and E,O. 14005. Recipients of an award of Federal financial .assistance from a program for infrastructure are hereby notified that none of the funds provided under this award may be used for a project for Infrastructure unless: (1) all Iron and steel used In the project are produced in the United States -this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred In the United States; (2) all manufactured products used In the project are produced In the United States -this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unlessanother standard For determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and (3) all construction materials are manufactured In the United States -this means that all manufacturing processes for the construction material occurred In the United States, The Buy America preference only applies to articles, materials, and supplies that are consumed In, Incorporated Into, or affixed to an Infrastructure project. As such, It does not apply to tools, equipment, and supplies, such as temporary scaffolding, D H S-F E M A- H S G P-S H S P- FY23 Page 33 of 47 Mason County EM, E24-133 brought to the oenstruotlon site and removed at or before the completion of the Infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished Infrastructure project but are not an integral part of the structure or permanently affixed to the Infrastructure project. Waivers When necessary, recipients may apply for and the agency may grant, a waiver from these requirements, Information on the process for requesting a waiver from these requirements Is on the website below. (a) When the Federal agency has made a determination that one of the following exceptions applies, the awarding official may waive the application of the domestic content procurement preference In any case In which the agency determines that: (1) applying the domestic content procurement preference would be Inconsistent with the public interest; (2) the types of iron, steel, manufactured prodUcts, or construction materials are not produced In the United States in sufficient and reasonably available quantities or of a satisfactory quality; or (3) the inclusion of iron, steel, manufactured products, or construction materials produced In the United States will increase the cost of the overall project by more than 25 percent, A request to waive the application of the domestic content procurement preference must be in writing. The agency will provide instructions on the format, contents, and supporting materials required for any waiver request Waiver requests are subject to public comment periods of no less than 15 days and rnust 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. The awarding Component may provide specific Instructions to Recipients of awards from Infrastructure programs that are subject to the Build America, Buy America provisions, Recipients should refer to the Notice of Funding Opportunity for further information on the Buy America preference and waiver process. Article XXXVIII - SAFECOM Recipients receiving federal financial assistance awards made under programs that provide emergency communication equipment and Its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance Interoperable communications. Article XXXIX - Terrorist Financing Recipients must comply with E,O. 13224 and U.S. laws that prohibit transactions with, and the provisions of resources and support to, Individuals and organizations associated with terrorism. Recipients are legally responsible to ensure compliance with the Order and laws. Article XL - Trafficking Victims Protection Act of 2000 (TVPA) Trafficking In Persons: Recipients must comply with the requirements of the government -wide financial assistance award term which implements Section 108 (g) of the Trafficking Victims Protection Act of 2000 (TWA), codified as amended at 22 U.S.C. section 7104, The award term Is located at 2 C.F.R, section 175,15, the full text of which Is Incorporated here by reference. Article XLI - Universal Identifier and System of Award Management Requirements for System for Award Management and Unique Entity Identifier Recipients are required to comply with the requirements set forth in the government -wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 G.F.R. Part 25, Appendix A, the full text of which is incorporated here by reference. Article XLII - USA PATRIOT Act of 2041 Recipients must comply with requirements of Section 817 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act), which amends 18 U.S.C. sections 175.175c. Article XLIII Use of DHS Seal, Logo and Flags DHS-FEMA-RSGP-SHSP-FY23 Page 34 of 47 Mason County EM, E24-133 Recipients must obtain permission from their DHS FAO prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agenoy officials, Including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials, Article XLIV - Whistleblower Protection Act Recipients must comply with the statutory requirements for whlstleblower protections (If applicable) at 10 U.S.0 section 2400, 41 U.S.C. section 4712, and 10 U.S.C, section 2324, 41 U,S.C, seotions 4304 and 4310. Article XIS - Environmental Planning and Historic Preservation (EHP) Review DHS/FEMA funded activities that may require an Environmental Planning and Historic Preservation (EHP) review are subject to the FEMA EHP review process, Thls review does not address ail federal, state; and looal requirements. Acceptance of federal funding requires the recipient to comply with all federal, state and local laws. DHS/FEMA Is required to consider the potential impacts to natural and cultural resources of all projects funded by DHS/ FEMA grant funds, through Its EHP review process, as mandated by: the National Environmental Policy Act; National Historic Preservation Act of 1966, as amended;:National Flood Insurance Program regulations; and any other applicable laws and executive orders. General guidance for FEMA's EHP process is available on the DHS/FEMA Website,. Specific applicant guidance on how to submit Information for EHP review depends on the Individual grant program and applicants should contact their grant Program Officer to be put into contaot with EHP staff responsible for assisting their speclfic grant program, The EHP review process must be completed before funds are rreleased to carry out the proposed project; otherwise, DHS/FEMA may not be able to fund the project due to noncompliance with EHP laws, executive orders, regulations, and policies. If ground disturbing activities occur during construction, applicant will monitor ground disturbance, and If any potential archaeological resources are discovered the applicant will immediately cease work In that area and notify the. pass -through entity, if applicable, and DHS/FEMA. Article XLVI - Applicability of DHS Standard Terms and Conditions to Tribes The DHS Standard Terms and Conditions are a restatement of general requirements Imposed upon recipients and flow down to sub-reclpfents as a matter of law, regulation, or executive order. If the requirement does riot apply to Indian tribes or there Is a federal law or regulation exempting its application to Indian tribes, then the acceptance by Tribes of, or acquiescence to, DHS Standard Terms and Conditions does not change or alter its inapplicability to an Indian tribe. The execution of grant documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribe where It does not already exist. Article XLVII - Acceptance of Post Award Changes In the event FEMA determines that changes are necessary to the award document after an award has beeh made, including changes to period of performance or terms and conditions, recipients will be notified of the changes In writing. Once notification has been made, any subsequent request for funds will indicate recipient acceptance of the changes to the • award, Please call the FEMA/GMD Call Center at (866) 9275646 or via e-mail to; ASK-GMD@fema.dhs.gov If you have any questions. Article, XLVIII - Disposition of Equipment. Acquired Under the Federal Award For purposes of original or replacement equipment acquired under this awerd by a non -state recipient or non -state sub - recipients, when that equipment Is no longer needed for the original project or program or for other activities currently or previously supported by a federal awarding agency, you must request instructions from FEMA to make proper disposition of the equipment pursuant to 2 C.F.R. section 200.313. State recipients and state sub -recipients must follow the disposition requirements in accordance with state laws and procedures. Article XLIX - Prior Approval for Modification of Approved Budget Before making any change to the FEMA approved budget for this award, you must request prior written approval from FEMA where required by 2 C.F.R. section 200.308, For purposes of nbn-construction protects, FEMA is utilizing its discretion to Impose an additional restriction under 2 C.F.R. section 200.308(f) regarding the transfer of funds among direct cost categories, programs, functions, or activities. Therefore, for awards with an approved budget where the federal share is greater than the simplified acquisition threshold (currently DHS-FEMA-H S G P-S H S P-FY23 Page 35 of 47 Mason County EM, E24-133 $260,000), you may not transfer funds among direct cost categories, programs, functions, br activities Without prior written approval from FEMA where the cumulative amount of such transfers exceeds or Is expected to exceed ten percent (1 O%) of the total budget FEMA last approved. For purposes of awards that support both construction and non-construotion work, FEMA Is utilizing its discretion under 2 C.F.R, section 200,308(h)(5) to require the recipient to obtain prior written approval from FEMA before making any fund or budget transfers between the two types of work You must report any deviations from your FEMA approved budget In the first Federal Financial Report (SF-425) you submit following any budget deviation, regardless of whether the budget deviation requires prior written approval. Article L Indirect Cost Rate 2 C.F.R. section 200.211(b)(15) requires the terms of the award to include the indirect cost rate for thefederal award. If applicable, the indirect cost rate for thls award Is stated In the budget documents or other materials approved by FEMA and Included in the award file, Article Li -Operation Stonegarden Program Hold The recipient is prohibited from drawing down OPSG funding under this award Or reimbursing OPSG subrecipierits of this award until each unique, specific, or modified county level, tribal, or equivalent Operations Order or Fragmentary Order (FRAGO) has been reviewed by FEMA/GPD and Custom and Border Protection/United States Border Patrol (CBP/USBP), The recipient will receivethe official notification of approval from FEMA/GPD. Article. LII OPSG Program Performance Goal In addition to the Biannual Strategy Implementation Report (BSIR) submission requirements outlined In the Preparedness Grants Manual, recipients must demonstrate how the grant -funded project. addressed the core capability gap associated with this project and identified In the Threat and Hazard Identification and Risk Analysts (THIRA) or Stakeholder Preparedness Review (SPR) or sustains existing capabilities as applicable The capability gap reduotion or capability sustafnment must be addressed in the Project Description of the BSIR for each project. Article 1.111- Funding Hold: SHSP National Priorities FEMA has placed a funding hold an the following investments under the national priority areas, and $180,728.41 of SHSP funds is on hold in the FEMA financial systems. Until the hold Is released, the recipient Is prohibited from drawing down funds or reimbursing subreolpients, and the subreoipients are prohibited from obligating or expending SHSP funds, for the costs or activities Identified below, The hold only applies to the amount of funds identified for each SHSP investment under the national priority areas below, To release this hold, additional informationis required for the Investments identified below which must be submitted In the December 2023 Biannual Strategy implementation Report (BSIR). 1. Soft Targets and Crowded Places; $180,726.41 If you have questions about this funding held or believe it was placed in error, please contact the Di-IS/FEMA Headquarters Preparedness Officer. Article LIV - Funding Hold: UASI National Prlorfttes • FEMA has placed a funding hold on the following investments under the national priority areas, and $167,500 of UASI funds is on hold in the FEMA financial systems..Untll the hold Is released, the recipient Is prohibited from drawing down funds or reimbursing subreolpients, and the subreoipients are prohibited from obligating or expending UASI funds, for the costs or activities identified below. The held only applies to the amount of funds identified for each UASI investment under the national pricrlty areas below. To release this hold, additional information is required for the Investments Identified below which must be submitted In the December 2023 Biannual Strategy Implementation Report (BSIR). Seattle Urban Area 1. Soft Targets and Crowded Places; $187,500 If you have questions about this funding hold or believe it was placed in error, please oontact the DHS/FEMA Headquarters Preparedness Officer. DHS-FEMA-H S G P-SHSP- FY23 Page 36 of 47 Mason County EM, E24-133 BUDGET COST CATEGORIES Personnel $547,241.00 Fringe Benefits $109,741.00 Travel $20, 976 20 Equipment $0.00 Supplies $93218,00 Contractual $13,127, 575.00 Construction $0,00 Indirect Charges $105,696.00 Other $0.00 OHS-FEMA-HSGP-SHSP-FY23 Page 37 of 47 Mason County EM, E24-133 1 ,441. h1 ,97tRejI1!tani ruff'.. la. AGREEMENT NO, BMW -2023-S S-00063- S 01 �it~d(Amendine '2, AMENDMENT NO, 3, et's RECIPIENT NO. 916001095G 6. RECIPIENT NAME AND' 7. ISSUING FBMA OFFICE AND ADDRESS Washington Militaty Department Building 20 Camp Murray, WA, 98430 - 5122 9. NAME OF RECIPIENT PROJECT OFFICER Gail Cram 11. EFFECTIVE DATE OF THIS ACTION 09/11/2023 ADDRESS FEMA-GPD 400 0 Street, SW, 3rd floor Washington, OC 20472-3645 POC: 866,927 5646 PHONE NO. 2535127472 12, METHOD OF PAYMENT PARS 4, TYPE OF ACTION 5. CONTROL NO, AWARD WX05650N2023T, WX05652N2023T , WX05651N2023T 8. PAYMENT OFFICE AND ADDRESS FEMA Finance Center 430 Market Street Winchester, VA 22603 10. NAME OF FEMA PROJECT COORDINATOR Central Scheduling and Information Desk Phone:800-368.6498 Email; Askksid@dhs,gov L3, ASSISTANCE ARRANGEMENT Cast Reimbursement 1 5. DESCRIPTION OF ACT ON a. (Indicate funding data for awards or finenc'al changes) PROGRAM CFDA NO. ACCOUNTING DATA NAME (ACCS CODE) ACRONYM XX07C-X.XX-XXXX70{- XXXXX-XXXX-XXXX-X Homeland Security Grant Program .,.,._.. land...,, Homeland Security Greitt Program Homeland Security Grunt Program 97.067 7,067 97,067 2023.84-00014,41.0- ,4101-D 2023-PA.0002-n410 ._- -At01•A 2023-PA 0B01-P410• -41014D PRIOR TOTAL AWARD 30.00 S0. .00 14. PERFORMANCE PERIOD From 09/01 /2023 Budget Parted 09/01/2023 To; 08/31/2026 08/31/2026 AMOUNT CURRENT CUMULATIVENON- AWARDEDTOTAL FEDERAL COMMITMENT THIS AWARD ACTION +oR() $6,190,947.00 6,190,947.00 69,500.00 $1569,500,00 50,000.00 36,250,000.00 ',01,014706 313;oio447Ao b. To desoribe changes othor than funding data or financial changes, attach schedule and check here. .bee Totals See Totals Sec Totals N/A 16 a FOR NON -DISASTER PROGRAMS: RECIPIENT IS REQUIRED TO SIGN AND RETURN TIME (3) COPIES OF THIS DOCUMENT TO FEMA (See Block 7 far address) Homeland Security Grant Program recipients are not required to sign and return copies of this document. However, recipients should print and keep a copy of this document for their records. 16b. FOR DISASTER PROGRAMS: RECIPIENT IS NOT REQUIRED TO SIGN This assistance is subject to terms and conditions attached to this award notice or by incorporated reference in program leg don cited above, 17. RECIPIENT SIGNATORY OFFICIAL (Name and Title) Gail Cram, 18. FEMA SIGNATORY OFFICTAT (Name and Title) IHS-FEMA-H SG P-S HS P-PY23 Page 38 of 47 DATE Wed Sep 27 21:07:31 UTC 2023 DATE Mason County EM, E24-133 PAMELA SUSAN WILLIAMS, ' Man Sep 11 13:23:50 UTC 2023 DHS-FEMA-HSOP-SHSP-PY23 Page 39 of 47 Mason County EM, E24-133 Attachment D-1 23SHSP Investment Justification Washington is comprised of 39 counties with geography including forests, mountains, Islands, rainforests, rivers, lakes, and plains. The U,S. Bureau of Economic Analysis ranked Washington 34 of 50 states for gross domestic product In 2022; several world -class organizations headquarter their operations within the state. Washington has marine, aviation, rail, and road transportation Infrastructure to support its position as a bustling trade center. Over half of Washington's 7.77 million population lives In the Seattle metropolitan area located along the Puget Sound. This area Is the center of transportation, business, and industry and Is the fastest growing region in the state. A vast majority of the state's population lives in densely settled urbanized areas. Understanding Washington's population is critical in order to mitigate vulnerabilities, respond to incidents, and effectively concentrate recovery efforts. Furthermore, Washington is subject to 10 natural and 7 human -caused hazards. The 2022 THIRA focuses on four of those risks: cyber-attack, earthquake, complex coordinated terrorist attack, and pandemic -human (biological). The 2023 Washington State Risk Profile scored the state's relative risk as 9.60, ranking It as the 10th highest at -risk state. Washington State has consistently had a high relative risk score (ranked In the top 25% of states for the past seven years) and must be prepared to prevent, respond to, mitigate, and recover from acts of terrorism. The FY23 SHSP projects were selected to build upon or sustain a range of Core. Capabilities Identified In the 2022 SPR as having significant gaps as well as to support the six National Priority Areas. The Investments support the Planning, Organization, Equipment, Training, and Exercise solution areas with a focus in the following Core Capabilities: Community Resilience; Environmental Response/Health & Safety; Infrastructure Systems; Intelligence & Information Sharing; Interdiction & Disruption; Logistics & Supply Chain Management; Mass Search & Rescue Operations; On -scene Security, Protection, & Law Enforcement; Operational Communications; Operational Coordination; Physical Protective Measures; Planning; Public Information & Warning; and Screening, Search, & Detection. Regional Risks - Reasons for the Work Region 3 terrorist targets include: Government Facilities Transportation Corridors Power generation & distribution systems Events where large numbers of citizens congregate Communications systems Terrorist acts which contaminate crops D H S-F E M A-H SG P-S H S P-FY23 Page 40 of 47 Mason County EM, E24-133 Attachment D-2 ;.23SHSP ENDURING NEEDS SU:BPRO'JE'CTS WORK PLAN'. Mason County Emergency Management ENDURING.NEEDS AMOUNT .s '$16,342' The State Is divided into nine Homeland Security Regions which differ in geography (marine to desert), major industry (large business to agricultural), and population (dense urban settings to rural). Each region as well as state agency partners develop projects to address their specific risks and hazards which sustain previously built capabilities or close identified gaps. Most initiatives can be tied back to building regional capability to prevent, protect, respond, and recover and be In a state of readiness should a natural or human -caused catastrophic Incident occur, Gaps identified in: -Community Resilience: Lack of publications & no current funding source to assist communities with equipment & supplies for resiliency kits, CERT training, & other resources and lack of communitytralnIngs -Cybersecurity: Lack of dedicated cyber Incident response plans -Environmental Response/Health/Safety: Lack of developed policies, plans, procedures, mutual aid agreements, & strategies in hazardous debris removal -Infrastructure Systems: Lack of equipment to facilitate communication during a disaster & a lack of information sharing among privately owned critical infrastructure & state agency stakeholders -Interdiction & Disruption: Need to replace expiring equipment & improve ballistic protection & communications equipment used in law enforcement operations & special teams need updated training to the latest laws & techniques -Mass SAR Operations: Gaps in rescue equipment & training In rescue & structural collapse operations -On-Scene Security/Protection/LE: Lack of local funding to maintain & replace aging and/or expiring equipment & lack of ability to conduct trainings in protecting response personnel -Operational Comms: Aging equipment, differing technology, & geographical challenges hamper interoperable communications -Operational Coord: Lack of staffing, developed plans, & equipment to meet coordination needs and the need for Integrated training and exercises between partners -Planning: A need to evaluate, update, coordinate, and better socialize plans and there is a lack of local funding to support planning efforts -Public in Need for continued funding for mass notification systems and better coordinated public messaging procedures and policies, high turnover within the Public Information discipline, and a need for culturally and linguistically appropriate messaging -Screening/Search/Detection: Lack of equipment for specialized operations. SHSP `EN Protect #3 Region,,3 HoMeland Secud y Protect Region 3 will prioritize subprojects based on regionally Identified gaps Including Operational Coordination due to lack of staffing, a lack of developed plans, a lack of equipment, and need for training and exercises for local and state partners; Screening, Search, & Detection due to the lack of equipment for locating terrorists; Mass Search & Rescue Operations due to the gaps in Rescue Operations equipment; and Operational Communications due to gaps in equipment that compiles with standards In interoperable communications between responders, re-establishing critical Information networks, and data communications. Through planning, organization, equipment, training, and exercise, activities will Include: Operational Coordination: Sustain and enhance regionwlde coordination as well as update plans, purchase equipment to enhance operational coordination, host trainings for response personnel, and conduct a multi-jurisdictional/regional functional exercise. Screening, Search, & Detection: Purchase an Integrated canine camera system and accessories to support the deployment of special teams. Mass Search & Rescue Operations: Purchase trench and confined space rescue equipment as well as swift water rescue equipment to expand the capabilities of the special operations teams. Operational Communications: Purchase upgraded interoperable communications mobile radios, accessories, and satellite communicators and establish alternate dispatch capabilities. The funding priorities specified above will support the region in Its effort to reduce and/or close identified capability gaps related to terrorism risks which will Improve the region's ability to identify, prevent, and respond to a terrorist threat. u.9PROIEET #1.: UTV EMS Litter Pod CORE CAPABILITIES Mass Search and Rescue Operations Sustaining or Enhancing? Enhancing D H S-FEMA-H SG P-SHSP-FY23 Core Capability #1 Page 41 of 47 Mason County EM, E24-133 PLANNING • SOLUTION AREAS' ORGANIZATION EQUIPMENT TRAINING EXERCISE TOTAL $0.00 $0.00 $5,200.00 $0.00 $0.00 $5,200,00 GAP(S) IDENTIFIED There Is a need to safely rescue and evacuate critically injured patients In a secured supine position. The mandate addresses life safety as per state and federal criteria. 79% out of 20 Local Respondents have gaps in equipment, supplies, and systems that comply with relevant standards in Rescue Operations. SPR pg. 748 ACTIVITIES.TO BE PERFORMED Purchase an EMS litter pod unit to attach to the previously purchased UTV for patient and provider safety during transport. Achieve additional safety requirements through acquisition of a first aid kit and fire extinguisher. ASSOCIATED DELIVERABLES/OUTPUTS (IMMEDIATE) The ability to safely rescue and evacuate critically Injured patients In a secured supine position, DESIRED OUTCOMES (INTERMEDIATE AND LONG-TERM) Provide safe, rapid transport of critical patients to appropriate levels of hospital care, i.e, Level 1 trauma centers. Allow for constant monitoring of patient care, while providing patient and first responder safety during rescue missions, NEXUS TO TERRORISM ... During events of domestic violent extremism, responders have a crucial role to limit the loss of life. Having the appropriate equipment is paramount to initiating rescue operations, especially in areas not easily accessed by full sized vehicles. SUBP110JECT#2 Mason County Backup E911 Dispatch CORE CAPABILITIES Operational Communications Sustaining or Enhancing? Enhancing Situational Assessment Sustaining or Enhancing? Enhancing PLANNING SOLUTION AaEAS .; ORGANIZATION EQUIPMENT Core Capability #1 Core Capability #2 (optional) • TRAINING EXERCISE TOTAL $0.00 $0.00 $6,800.00 $0.00 $0.00 $6,800.00 GAPS) IDENTIFIED There Is currently no backup 911 stations for Mason County. These computers/monitors would be the start of 2 back up/alternate dispatch consoles to be used In the event the primary dispatch center is unable to be used. 45% out of 22 Local Respondents have gaps in equipment, supplies, and systems that comply with relevant standards in Re- establishing Critical Information Networks. State SPR p.526 ACTIVITIES TO SE PERFORMED Purchase approx. two (2) desktop computers and approx. two (2) 49-inch monitors, ASSOCIATED DELIVERABLES/OUTPUTS (IMMEDIATE) The purchase of these computers/monitors will provide the foundation of two 911 dispatch consoles to act as a backup to the primary 911 dispatch center. DESIRED OUTCOMES (INTERMEDIATEAND LONG-TERM) Once Installed, the CAD (computer aided dispatch) program will be Installed which will provide connectivity to dispatch. In addition, ESChat will be installed to enable radio connectivity. Long term, two land mobile radios will be Installed to enable direct communication with first responders/field units. DHS-FEMA-HSGP-SHSP-rY23 Page 42 of 47 Mason County EM, E24-133 NEXUS TO TERRORISM These computers would be turned on in their normal state. In the event of a cyber event involving the 911 centers, main dispatch computers, the County would be able to utilize this backup to continue operations and support LE and other first responders. .SUBPROJECT #8 i Mason County Sheriff's Office Zoleo Units CORE CAPABILITIES Core Capability #1 Core Capability #2 (optional) TRAINING EXERCISE TOTAL Operational Communications Sustaining or Enhancing? 1 Enhancing Situational Assessment Sustaining or Enhancing? Enhancing SOLUTION AREAS. PLANNING ORGANIZATION EQUIPMENT $0.00 $0.00 $4,342.00 $0.00 $0.00 $4,342.00 GAPS) IDENTIFIED Mason County has a population of approximately 65,000 people dispersed over varying lake, bay, ocean and land topography where Wi-FI, Internet and cellular data Is not universally available. The varying land and water features are loosely connected (geographically) via road, rail, trail systems and waterways. These lines of travel are easily fragmented during certain types of disasters. Due to the land and water variations that complicate current communications, Law Enforcement and Fire & EMS do not have reliable, consistent, readily available methods of mobile communications In rural areas during fire, medical emergencies, or reporting suspected terrorist incidents. 41% out of 22 Local Respondents have gaps in equipment, supplies, and systems that comply with relevant standards in ' interoperable Communications Between Responders. State SPR p.525 36%out of 22 Local Respondents have gaps In equipment, supplies, and systems that complywith relevant standards in Data Communications, State SPR p.525 ACTIVITIES TO BE PERFORMED Purchase approximately 5 Zoleo units and 1-year subscription for each unit. ASSOCIATED DELIVERABLES/OUTPUTS (IMMEDIATE) This project would provide an affordable system designed to be used (practiced and battery maintained) on a daily basis for communication and situational awareness that is scalable during a disaster without major services such as Internet, Wi-Fi or even cell towers, After the purchase/this protect, the intent Is to train all users on the use of the ZOLEO unit. Test the communication system daily to incorporate into standard operating procedures. Test the communication system In the field where normal means of communication do not work. DESIRED OUTCOMES (INTERMEDIATE AND LONG-TERM) To provide a consistent and reliable way to communicate throughout the county, especially in the "dead zones." The county has huge life safety concerns when responders are out in areas where there is no reliable means of communication. These units can provide that ability so nobody Is ever out there "alone." In the long-term, the county hopes to expand this capability to provide units to all responders (or encourage other agencies to purchase on their own) and make this a standard communication system countywide. NEXUS TO TERRORISM . Mason County has three public port authorities, State parks, and power generating dams within the jurisdiction (many in remote areas) protected by this project due to the ability to have satellite communication In these critical remote areas that do not have cell service, radio communication and/or Internet/WI-El capabilities. These satellite communication units provide the ability for LE to stay connected during Investigations and surveillance around critical infrastructure and soft targets/crowded places where normal means of communication do not exist. OHS-FEMA-HSG P-SHSP-FY23 Page 43 of 47 Mason County EM, E24-133 Attachment D-3 The Subrecipient has not been allocated National Priority Project funding under this Agreement; there is no associated Work Plan. D H S-FE MA-HSG P-S HSP-FY23 Page 44 of 47 Mason County EM, E24-133 23SHSP Budget Mason County Emergency Management AGREEMENT AMOUNT $16,342 AMOUNT LETPA I $6,342.00 I Attachment E 39% of the agreement total PERSONNEL r M&A suit] 0% of the agreement total $0.00 0% of the agreement total Enduring Needs Subproject(s) AMOUNT SUBPROJECT 41 SUBPROJECT 42 SUBPROJECT 43 Masars County Mason County Backup E911 Dispatch iheOS:Oftfie',201e0IPIte M&A $6,800.00 $4,342 $0.00 L DHS-FEMA-HSGP-SHSP-FY23 Page 45 of 47 SUBTOTAL $16,242,00 INDIRECT $0.00 Mason County EM, E24-133 Attachment F 23SHSP Timeline Mason County Emergency Management DATE September 1, 2023 TASK Grant Agreement Start Date December 1, 2023 Estimated date work scheduled for one or more subprojects/projects NLT January 31, 2024 Submit proof of completion of Nationwide Cybersecurity Review (NCSR) - NCSR system closes February 28, 2024 March 30, 2025 Grant Agreement End Date May 14, 2025 Submit Final Reimbursement Request and Closeout Rport HSGP Performance Period: September 2, 2023 toAugust31, 2026 DHS-FEMA-HSGP-SHSP-FY23 Page 48 of 47 Mason County EM, E24-133 Attac.hment 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 D H S-F E MA-H S G P-S H S P-FY23 Page 47 of 47 Mason County EM, E24-133 SIGNATURE AUTHORIZATION FORM WASHINGTON STATE MILITARY DEPARTMENT Camp Murray, Washington 98430-5122 Please read instructions on reverse side before completing this form. NAME OF ORGANIZATION Mason County Emergency Management DATE SUBMITTED 11/1/2023 PROJECT DESCRIPTION FY23-SHGP (SHSP) CONTRACT NUMBER E24-133 p . �"'S ,w.:.�} �µ`YN4,`.3a^"M{?'bv*}4 ']r "i.r'sit n ' �w ru��'bl 1. AUTHORIZING AUTHORITY SIGNATURE TITLE/TERM OF OFFICE PRINT OR TYPE NAME Sharon Trask Commissioner, Chair Kevin Shutty Commissioner Imo_ t Randy Neatherlin Commissioner, Vice Chair 2. AUTHORIZED TO SIGN CONTRACTS/CONTRACT AMENDMENTS SIGNATURE PRINT OR TYPE NAME TITLE ----_ ---"% Mark Neary County Administrator ✓ jjy� ) John Taylor DEM Manager Mb 3. AUTHORIZED TO SIGN REQUESTS FOR REIMBURSEMENT SIGNATURE PRINT OR TYPE NAME TITLE C........, `\ 1,.,.-, t_ // , John Taylor DEM Manager jan-i vu)LU1t4kt Tammi Wright Sr. EM Coordinator MAC-1WOL11HOMEIKARENBI....1WPISIGNAUTH Revised 3/03 Washington Military Department Contract Number: E24-133 Debarment, Suspension, Ineligibility or Voluntary Exclusion Certification Form NAME Meson County Emergency Management Doing business as (DBA) ADDRESS 100 W. Public Works Dr. Shelton, WA 98584 Applicable Procurement or Solicitation #, if any: WA Uniform Business Identifier(UBI) 232-002-101 Federal Employer Tax Identification#: 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 ter 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, S. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render ingood 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: itthwiA,W./ 5/t Date: 0ila7Qv� Print Name and Title: Tammi Wright, Sr, EM Coordinator