HomeMy WebLinkAboutWashington Military Department Homeland Security Grant Program Agreement - Interlocal Agreement Washington Military Department
HOMELAND SECURITY GRANT PROGRAM AGREEMENT FACE SHEET
1. Subrecipient Name and Address: 2. Grant Agreement Amount: 3. Grant Agreement Number:
Mason County $19,508 E26-342
Emergency Management
100 West Public Works Drive, Building I
Shelton,WA 98584-9714
4. Subrecipient Contact, phone/email: 5. Grant Agreement Start Date: 6. Grant Agreement End Date:
Tania Kenner, 360-427-9670 Ext.800 September 1, 2025 August 31, 2027
tkenner@masoncountywa.gov
7. Department Contact, phone/email: 8. Unique Entity Identifier(UEI): 9. UBI#(state revenue):
Jocelyn Overby, 253-512-7226 SNAXPBGW4VR4 232-002-101
Jocelyn.Overby@mil.wa.gov
10. Funding Authority:
Washington Military Department(the Department)and the U.S. Department of Homeland Security (DHS)
11. Federal Funding Identification#: 12. Federal Award Date: 13. Assistance Listings#&Title:
EMW-2025-SS-05030 1/30/2026 97.067-25HSGP(SHSP)
14. Total Federal Award Amount: 15. Program Index#&OBJ/SUB-OBJ: 16. EIN
$19,631,821.00 753SB, 753SC,753SH,753SL,753SQ,753SZ/NZ 91-6001354
17. Service Districts: 18. Service Area by County(ies): 19. Women/Minority-Owned, State
BY LEGISLATIVE DISTRICTS: 35 Mason Certified: I N/A ❑ NO
BY CONGRESSIONAL DISTRICTS:6, 10 ❑ YES, OMWBE#
20. Agreement Classification 21. Contract Type(check all that apply):
❑ Personal Services O Client Services El Public/Local Gov't ❑ Contract f Grant ❑ Agreement
❑ Research/Development ❑A B O Other ❑ Intergovernmental (RCW 39.34) ❑ Interagency
22. Subrecipient Selection Process: 23. Subrecipient Type(check all that apply)
Z� "To all who apply&qualify" ❑ Competitive Bidding ❑ Private Organization/Individual ❑ For-Profit
❑ Sole Source ❑ A/E RCW ❑ N/A O Public Organization/Jurisdiction ❑ Non-Profit
LI Filed w/OFM? ❑ Advertised? ❑ YES ❑ NO ❑ CONTRACTOR O SUBRECIPIENT ❑ OTHER
24. PURPOSE& DESCRIPTION:
The objective of the Federal Fiscal Year(FFY)2025 Homeland Security Grant Program(25HSGP)is to enhance state,local,tribal,and territorial
efforts to prevent,protect against,and respond to terrorist attacks,to strengthen the nations communities against potential terrorist threats.
25HSGP 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. 25HSGP supports core capabilities across the five mission areas of prevention,
protection,mitigation,response,and recovery based on allowable costs. HSGP is comprised of three interconnected grant programs:State
Homeland Security Program (SHSP), Urban Areas Security Initiative (UASI), and Operation Stonegarden (OPSG). Together, these grant
programs fund a range of preparedness activities, including planning, organization, equipment purchase, training, exercises, and
management and administration.
The Department is the Recipient and Pass-through Entity of the 25HSGP DHS Award Letter for Grant No.EMW-2025-SS-05030("the Grant"),
which is incorporated in and attached hereto as Attachment C and has made a subaward of Federal award funds to the Subrecipient pursuant
to this Agreement.The Subrecipient is accountable to the Department for use of Federal award funds provided under this Agreement.
IN WITNESS WHEREOF, the Department and Subrecipient acknowledge and accept the terms of this Agreement, including all referenced attachments
which are hereby incorporated, and have executed this Agreement as of the date below. This Agreement Face Sheet; Special Terms & Conditions
(Attachment A); General Terms and Conditions(Attachment B); DHS Award Letter EMW-2025-SS-05030 (Attachment C),Work Plan (Attachments D-1,
Budget(Attachment E),Timeline(Attachment F);Build America,Buy America Act Self-Certification(Attachment G)and all other documents and attachments
expressly referenced and incorporated herein contain all the terms and conditions agreed upon by the parties and govern the rights and obligations of the
parties to this Agreement.No other understandings,oral or otherwise,regarding the subject matter of this Agreement shall be deemed to exist or to bind any
of the parties.
In the event of an inconsistency in this Agreement,unless otherwise provided herein,the inconsistency shall be resolved by giving precedence in the following
order:
1. Applicable Federal and State Statutes and Regulations 4.Special Terms and Conditions
2. DHS/FEMA Award and program documents 5.General Terms and Conditions,and,
3. Work Plan,Timeline,and Budget 6.Other provisions of the Agreement incorporated by reference.
WHEREAS,the parties have executed this Agreement on the day and year lasts eci d below.
FOR THE DEPARTMENT: FOR T4EC1PIENT:
ignatu a Date Signat re Date
Seth Nickerson, Chief Financial Officer Travis Adams, County Administrator
Washington Military Department Mason County
BOILERPLATE APPROVED TO FORM: APPR0VEEOU app licable :
David Merchant 10/31/2025 , _ ��
Assistant Attorney General SI naure Date
DHS-FEMA-HSGP-SHSP-FY25 Page 1 of 54 Mason County E26-342
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 Tania Kenner Name Jocelyn Overby
Title Senior EM Coordinator Title Program Coordinator
Email tkenner masoncount wa. ov Email Jocel n.Overb mil.wa. ov
Phone 360-427-9670 Ext. 800 Phone 253-512-7226
Name John M. Taylor Name Gail Cram
Title Emergency Management, Parks & Title Program Manager
Recreations Mana er
Email 'ta Ior masoncount wa. ov Email gaiLcrammil.wa.gov
Phone 360-427-9670, Ext. 806 Phone 253-512-7472
Name Name General Information
Title
Email Email Preparedness.grants@mii.wa.gov
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 25HSGP 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 2025 Homeland Security Grant Program" (hereafter "the NOFO"), the Preparedness Grants Manual FM
207-23-0001 August 2025 (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 25HSGP funds received under this Agreement casts the party receiving the
funds in the role of a subrecipient or contractor in accordance with 2 CFR 200.331.
b. If the Subrecipient becomes a pass-through entity by making a subaward to a subrecipient:
i. The Subrecipient must comply with all federal laws and regulations applicable to pass-
through entities of 25HSGP 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 25HSGP Program, including, but not limited to, all criteria, restrictions, and requirements
of the NOFO, the Manual, the DHS Award Letter for the Grant in Attachment C, and the
federal regulations commonly applicable to DHS/FEMA grants.
DHS-FEMA-HSGP-SHSP-FY25 Page 2 of 54 Mason County E26-342
iii. The Subrecipient shall be responsible to the Department for ensuring that all 25HSGP
federal award funds provided to its subrecipients are used in accordance with applicable
federal and state statutes and regulations, and the terms and conditions of the federal award
set forth in this Agreement(Attachment C).
iv. The Subrecipient must follow their own policies and procedures to eliminate or reduce the
impact of conflicts of interest when making subawards, adhering to any applicable federal
or state statutes or regulations. Any real or potential conflicts of interest must be reported to
the Department in writing upon discovery.
2. BUDGET, REIMBURSEMENT, AND TIMELINE
a. Within the total Grant Agreement Amount, travel, subcontracts, salaries, benefits, printing,
equipment, and other goods and services or other budget categories will be reimbursed on an
actual cost basis upon completion unless otherwise provided in this Agreement.
b. The maximum amount of all reimbursement requests permitted to be submitted under this
Agreement, including the final reimbursement request, is limited to and shall not exceed the total
Grant Agreement Amount.
c. If the Subrecipient chooses to include indirect costs within the Budget(Attachment E), additional
documentation is required based on the applicable situation. As described in 2 CFR 200.414 and
Appendix 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 thirty five million dollars ($35,000,000), the approved indirect cost rate
agreement negotiated with its federal cognizant agency.
B. Less than thirty five million dollars ($35,000,000), 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 fifteen
percent(15%) or 15% of modified total direct costs or choose to negotiate a higher rate with
the Department.
d. For travel costs, the Subrecipient shall comply with 2 CFR 200.475 and should consult their
internal policies, state rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing
or amended, and federal maximum rates set forth at https://www..qsa.gov, and follow the most
restrictive. If travel costs exceed set state or federal limits, travel costs shall not be reimbursed
without prior written approval by Department Key Personnel. All international travel requires prior
FEMA approval.
e. Reimbursement requests will include a properly completed State A-19 Invoice Form and
Reimbursement Spreadsheet (in the format provided by the Department) detailing the
expenditures for which reimbursement is sought. Reimbursement requests must be submitted to
Reimbursements(c�mil.wa.gov no later than the due dates listed within the Timeline
(Attachment F).
Reimbursement request totals should be commensurate to the time spent processing by the
Subrecipient and the Department.
f. Receipts and/or backup documentation for any approved items that are authorized under this
Agreement must be maintained by the Subrecipient consistent with record retention requirements
of this Agreement and be made available upon request by the Department and auditors.
g. The Subrecipient must request prior written approval from Department Key Personnel to waive
or extend a due date in the Timeline (Attachment F). Waiving or missing deadlines serves as an
indicator for assessing an agency's level of risk of noncompliance with the regulations,
requirements, and the terms and conditions of the Agreement and may increase required
monitoring activities. For waived or extended reimbursement due dates, all allowable costs should
be submitted on the next scheduled reimbursement due date contained in the Timeline. Any
DHS-FEMA-HSGP-SHSP-FY25 Page 3 of 54 Mason County E26-342
request for a waiver or extension of a due date in the Timeline 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. For SHSP and UASI subrecipients, the total Law Enforcement Terrorism Prevention Activities
(LETPA)amount included in the Budget(Attachment E) must be used for eligible LETPA activities
following FEMA guidance.
i. All work under this Agreement must end on or before the Grant Agreement End Date, and the
final reimbursement request must be submitted to the Department within the time period notated
in the Timeline (Attachment F) except as otherwise authorized by either (1) written amendment
of this Agreement or (2) written notification from the Department to the Subrecipient to provide
additional time for completion of the Subrecipient's subproject(s). If funds are not required, the
Subrecipient shall notify the Department Key Personnel.
j. All costs for equipment and supplies must be incurred, and received, before the Grant Agreement
End Date.
k. 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.
I. Final reimbursement requests will not be approved for payment until the Subrecipient is current
with all reporting requirements contained in this Agreement.
m. For SHSP and UASI funding, deviations from the Budget(Attachment E)are allowed as described
below and will require an amendment if the identified threshold is exceeded:
i. With Enduring Needs (EN) funding:
A. If there is only one subproject, the Subrecipient is allowed to move funding between
solution areas until cumulative transfers exceed ten percent (10%) of the subproject
amount.
B. If there are multiple subprojects, the Subrecipient is allowed to move funding between
subprojects until cumulative transfers exceed ten percent (10%) of the subproject
amount.
ii. With National Priority Area (NPA) funding:
A. If there is only one NPA project, the Subrecipient is allowed to transfer funding
between solution areas until cumulative transfers exceed ten percent (10%) of the
NPA project amount.
B. If there are multiple projects within one NPA, the Subrecipient is allowed to transfer
funding between projects until cumulative transfers exceed ten percent (10%) of the
NPA amount.
C. To ensure applicable federal requirements are met, funding may not be transferred
between projects of different NPAs.
iii. Funding cannot be transferred between EN subprojects and NPA projects.
n. For OPSG subrecipients, any deviations from the approved direct budget categories will require
additional federal approvals and possibly a written amendment.
o. 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.
it
DHS-FEMA-HSGP-SHSP-FY25 Page 4 of 54 Mason County E26-342
3. REPORTING
a. With each reimbursement request, the Subrecipient shall report how the expenditures, for which
reimbursement is sought, relate to the Work Plan (Attachments D-1, D-2) activities in the format
provided by the Department.
b. With the final reimbursement request, the Subrecipient shall submit a final report to
Reimbursements(@mil.wa.gov (in the format provided by the Department) describing all
completed activities under this Agreement.
c. The Subrecipient shall comply with the Federal Funding Accountability and Transparency Act
(FFATA) and related OMB Guidance consistent with Public Law 109-282 as amended by section
6202(a) of Public Law 110-252 (see 31 U.S.C. 6101 note) and complete and return to the
Department an Audit Certification/FFATA Form. This form is required to be completed once per
calendar year, per Subrecipient, and not per agreement. The Department's Contracts Office will
request the Subrecipient submit an updated form at the beginning of each calendar year in which
the Subrecipient has an active agreement.
d. To document compliance with the National Incident Management System (NIMS), the
Subrecipient shall complete the annual NIMS survey conducted by Washington Emergency
Management Division (EMD).
4. NIMS COMPLIANCE
a. The National Incident Management System (NIMS) identifies concepts and principles that answer
how to manage emergencies from preparedness to recovery regardless of their cause, size,
location, or complexity. NIMS provides a consistent, nationwide approach and vocabulary for
multiple agencies or jurisdictions to work together to build, sustain, and deliver the core
capabilities needed to achieve a secure and resilient nation.
b. Consistent implementation of NIMS provides a solid foundation across jurisdictions and
disciplines to ensure effective and integrated preparedness, planning, and response. NIMS
empowers the components of the National Preparedness System, a requirement of Presidential
Policy Directive 8, to guide activities within the public and private sector and describes the
planning, organizational activities, equipping, training, and exercising needed to build and sustain
the core capabilities in support of the National Preparedness Goal.
c. In order to receive federal preparedness funding from the Department, the Subrecipient must
ensure and maintain adoption and implementation of NIMS. See Agreement AttachmentA, Article
II section 3.d. for associated reporting requirements. The list of objectives used for progress and
achievement reporting can be found at https://www.fema.gov/emergency-
managers/nims/implementation-training.
5. EQUIPMENT AND SUPPLY MANAGEMENT
a. The Subrecipient and any subrecipient to which the Subrecipient makes a subaward shall comply
with 2 CFR 200.317 through 200.327, and all Washington State procurement statutes, when
procuring any equipment or supplies under this Agreement, 2 CFR 200.313 for management of
equipment, and 2 CFR 200.314 for management of supplies, to include, but not limited to:
i. Upon successful completion of the terms of this Agreement, all equipment and supplies
purchased through this Agreement will be owned by the Subrecipient, or a recognized
subrecipient 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)
DHS-FEMA-HSGP-SHSP-FY25 Page 5 of 54 Mason County E26-342
D. Assistance Listings Number(Face Sheet, Box 13)
E. Who holds the title
F. Acquisition date
G. Cost of the property and the percentage of federal participation in the cost
H. Location, use and condition of the property at the date the information was reported
I. Disposition data including the date of disposal and sale price of the property
iv. The Subrecipient shall take a physical inventory of the equipment, and supplies as
applicable, and reconcile the results with the property records at least once every two years.
Any differences between quantities determined by the physical inspection and those shown
in the records shall be investigated by the Subrecipient to determine the cause of the
difference. The Subrecipient shall, in connection with the inventory, verify the existence,
current utilization, and continued need for the equipment.
v. The Subrecipient shall be responsible for any and all operational and maintenance
expenses and for the safe operation of the equipment and supplies including all questions
of liability. The Subrecipient shall develop appropriate maintenance schedules and
procedures to ensure the equipment, and supplies as applicable, are well-maintained and
kept in good operating condition.
A. For SHSP and UASI subrecipients, the Subrecipient is responsible for routine upkeep
(i.e. gasoline, tire replacement, routine oil changes, monthly inspections, etc.) and shall
not use SHSP or UASI funding for this purpose.
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 ten
thousand dollars ($10,000) in total aggregate value upon termination or completion of
the project or program and the supplies are not needed for any other federal award,
the Subrecipient must retain the supplies for use on other activities or sell them, but
must, in either case, compensate the federal government for its share. The amount of
compensation must be computed in the same manner as for equipment.
B. For Equipment:
1) Items with a current per-unit fair-market value of ten thousand dollars ($10,000) 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 ten thousand dollars
($10,000) may be retained or sold. The Subrecipient shall compensate the federal
awarding agency in accordance with the requirements of 2 CFR 200.313 (e) (2).
C. Notify Department Key Personnel to initiate the disposition process by the federal
awarding agency.
ix. Records for equipment shall be retained by the Subrecipient for a period of six (6) years
from the date of the disposition, replacement, or transfer. If any litigation, claim, or audit is
DHS-FEMA-HSGP-SHSP-FY25 Page 6 of 54 Mason County E26-342
started before the expiration of the six-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/qrants/guidance-tools/authorized-
equipment-list. It is important that the Subrecipient and any subrecipient 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 might require more than one waiver. The Subrecipient must contact the Department
Key Personnel for assistance in identifying what waivers are needed for FEMA approval prior to
acquisition.
e. Equipment purchases (those with a current per-unit fair market value in excess of ten thousand
dollars ($10,000) must be identified and explained to the Department. Use, management, and
disposition of such equipment is subject to requirements outlined in 2 CFR 200.313. Before
making such purchases, the Subrecipient should analyze the cost benefits of purchasing versus
leasing equipment, especially high-cost items and those subject to rapid technical advances.
f. Unless expressly provided otherwise, all equipment must meet all mandatory regulatory state and
DHS/FEMA adopted standards to be eligible for purchase using federal award funds.
g. If funding is allocated to support emergency communications activities, the Subrecipient must
ensure that all projects comply with SAFECOM Guidance on Emergency Communications
Grants, located at https://www.cisa..qov/safecom/funding, including provisions on technical
standards that ensure and enhance interoperable communications.
h. Effective August 13, 2020, FEMA recipients and subrecipients, as well as their contractors and
subcontractors, may not obligate or expend any FEMA award funds to:
i. Procure or obtain any equipment, system, or service that uses covered telecommunications
equipment or services as a substantial or essential component of any system, or as critical
technology of any system
ii. Enter into, extend, or renew a contract to procure or obtain any equipment, system, or
service that uses covered telecommunications equipment or services as a substantial or
essential component of any system, or as critical technology of any system
iii. Enter into, extend, or renew contracts with entities that use covered telecommunications
equipment or services as a substantial or essential component of any system, or as critical
technology as part of any system
This prohibition regarding certain telecommunications and video surveillance services or
equipment is mandated by section 889 of the John S. McCain National Defense Authorization Act
for Fiscal Year 2019(FY 2019 NDAA), Pub. L. No. 115-232(2018) and 2 CFR 200.216, 200.327,
200.471, and Appendix 11 to 2CFR200. Recipients and subrecipients may use DHS/FEMA grant
funding to procure replacement equipment and services impacted by this prohibition, provided
the costs are otherwise consistent with the requirements of the Manual and the NOFO.
Per subsections 889(f)(2)-(3) of the FY 2019 NDAA, and 2 CFR 200.216, covered
telecommunications equipment or services means:
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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
iv. Telecommunications or video surveillance equipment or services produced or provided by
an entity that the Secretary of Defense, in consultation with the Director of National
Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be
an entity owned or controlled by, or otherwise connected to, the government of a covered
foreign country
i. For OPSG subrecipients, items budgeted as equipment in an approved Operations Order should
be marked prominently with "Purchased with DHS funds for Operation Stonegarden Use" when
practicable.
j. The Subrecipient must pass through equipment and supply management requirements that meet
or exceed the requirements outlined above to any subrecipient to which the Subrecipient makes
a subaward of federal award funds under this Agreement.
6. 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/qrants/guidance-tools/environmental-historic all of which are incorporated
in and made a part of this Agreement.
b. Projects that have historical impacts or the potential to impact the natural or built environment,
including, but not limited to, construction of communication towers; modification or renovation
of existing buildings, structures and facilities; installation of sonar system; or new construction,
including replacement of facilities, must participate in the DHS/FEMA EHP review process prior
to project initiation. Modification of existing buildings, including minimally invasive improvements
such as attaching monitors to interior walls, and training or exercises occurring outside in areas
not considered previously disturbed also require a DHS/FEMA EHP review before project
initiation.
c. The EHP review process involves the submission of a detailed project description that includes
the entire scope of work, including any alternatives that may be under consideration, along with
supporting documentation so FEMA may determine whether the proposed project has the
potential to impact environmental resources and/or historic properties.
d. The Subrecipient agrees that, to receive any federal preparedness funding, all EHP compliance
requirements outlined in applicable guidance must be met. The EHP review process must be
completed and FEMA approval must be received by the Subrecipient before any work is
started for which reimbursement will be later requested. Expenditures for projects started before
completion of the EHP review process and receipt of approval by the Subrecipient will not be
reimbursed.
7. PROCUREMENT
The Subrecipient shall comply with all procurement requirements of 2 CFR 200.317 through 200.327
and as specified in the General Terms and Conditions (Attachment B, A.10).
a. For all contracts expected to exceed the simplified acquisition threshold, per 2 CFR 200.1, 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 subrecipient to which the Subrecipient makes a
DHS-FEMA-HSGP-SHSP-FY25 Page 8 of 54 Mason County E26-342
subaward, at which point the Subrecipient will be responsible for requesting and reviewing pre-
procurement documents.
b. For all sole source contracts expected to exceed the micro-purchase threshold per 2 CFR 200.1,
the Subrecipient must submit justification to the Department for review and approval. This
requirement must be passed on to any subrecipient to which the Subrecipient makes a subaward,
at which point the Subrecipient will be responsible for reviewing and approving sole source
justifications to any subrecipient 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.
iii. All construction materials are manufactured in the United States. This means that all
manufacturing processes for construction material occurred in the United States.
Additionally, applicable infrastructure projects are subject to domestic preference requirements.
A domestic preference does not apply to non-infrastructure spending under an award that also
includes a covered project.A domestic preference applies to an entire infrastructure project, even
if it is funded by both federal and non-federal funds under one or more awards.
i. Domestic preferences under BABAA only apply to articles, materials, and supplies that are
consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not
apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the
construction site and removed at or before the completion of the infrastructure project. Nor
does a domestic preference apply to equipment and furnishings, such as movable chairs,
desks, and portable computer equipment, that are used at or within the finished
infrastructure project but are not an integral part of or permanently affixed to the structure.
ii. Infrastructure, for the purposes of BABAA, includes, at a minimum, the structures, facilities,
and equipment for, in the United States, roads, highways and bridges; public transportation;
dams, ports, harbors and other maritime facilities; intercity passenger and freight railroads;
freight and intermodal facilities; airports; water systems, including drinking water and
wastewater systems; electrical transmission facilities and systems; utilities; broadband
infrastructure; and buildings and real property. Infrastructure includes facilities that
generate, transport, and distribute energy.
iii. The Subrecipient's contractors and their subcontractors who apply or bid for an award for
an infrastructure project subject to the domestic preference requirement in the BABAA shall
file a required certification to the Subrecipient with each bid or offer for an infrastructure
project unless a domestic preference requirement is waived by FEMA. Contractors and
subcontractors must certify that no federal financial assistance funding for infrastructure
projects will be provided unless all the iron, steel, manufactured projects, and construction
materials used in the project are produced in the United States. BABAA, Pub. L. No. 117-
58, §§ 70901-52. Contractors and subcontractors shall also disclose any use of federal
financial assistance for infrastructure projects that does not ensure compliance with BABAA
domestic preference requirement. Such disclosures shall be forwarded to the Subrecipient
who will forward them to the Department who, in turn, will forward the disclosures to FEMA.
DHS-FEMA-HSGP-SHSP-FY25 Page 9 of 54 Mason County E26-342
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.
8. SUBRECIPIENT MONITORING
a. The Department will monitor the activities of the Subrecipient from award to closeout. The goal of
the Department's monitoring activities will be to ensure that subrecipients receiving federal pass-
through funds are in compliance with this Agreement, federal and state audit requirements,
federal grant guidance, and applicable federal and state financial regulations, as well as 2 CFR
Part 200 Subpart F.
b. To document compliance with 2 CFR Part 200 Subpart F requirements, the Subrecipient shall
complete and return to the Department an Audit Certification/FFATA Form. Reporting
requirements are referenced in section 3.d.
c. Monitoring activities may include, but are not limited to:
i. Review of financial and performance reports
ii. Monitoring and documenting the completion of Agreement deliverables
iii. Documentation of phone calls, meetings (e.g., agendas, sign-in sheets, meeting minutes), e-
mails and correspondence
iv. Review of reimbursement requests and supporting documentation to ensure allowability and
consistency with Agreement Work Plan (Attachments D-1, D-2, D-3), Budget (Attachment E),
and federal requirements
v. Observation and documentation of Agreement-related activities, such as exercises, training,
events, and equipment demonstrations
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 subrecipient 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.
9. LIMITED ENGLISH PROFICIENCY (CIVIL RIGHTS ACT OF 1964 TITLE VI)
a. The Subrecipient must comply with the Title VI of the Civil Rights Act of 1964 (Title VI) prohibition
against discrimination on the basis of national origin, which requires that subrecipients of federal
financial assistance take reasonable steps to provide meaningful access to persons with limited
English proficiency (LEP) to their programs and services. FEMA Policy FP-256-23-001
(https://www.fema.gov/sites/default/files/documents/fema policy-language-access.pdfl further
stresses this requirement applies to anyone awarded FEMA funding. Providing meaningful
access for persons with LEP may entail providing language assistance services, including oral
interpretation and written translation. Executive Order 13166, Improving Access to Services for
Persons with Limited English Proficiency (August 11, 2000), requires federal agencies to issue
guidance to recipients, assisting such organizations and entities in understanding their language
access obligations. DHS published the required recipient guidance in April 2011, DHS Guidance
to Federal Financial Assistance Recipients Regarding Title VI Prohibition against National Orig
Discrimination Affecting Limited English Proficient Persons, 76 Fed. Reg. 21755-21768, (April 18,
2011). The Guidance provides helpful information such as how a recipient can determine the
DHS-FEMA-HSGP-SHSP-FY25 Page 10 of 54 Mason County E26-342
extent of its obligation to provide language services, selecting language services, and elements
of an effective plan on language assistance for LEP persons.
b. Subrecipients are encouraged to perform and document their analysis of the most appropriate
language assistance services necessary to ensure a LEP individual has meaningful access to the
Subrecipient's programs and activities. The analysis should consider:
i. The number or proportion of LEP individuals eligible to be served or likely encountered by the
program
ii. The frequency with which LEP individuals come in contact with the program
iii. The nature and importance of the program, activity, or service provided by the program to
people's lives
iv. The resources available to the program and costs
B. HSGP SPECIFIC REQUIREMENTS
The objectives of the HSGP are to(1) build and sustain core capabilities, including Law Enforcement and
Terrorism Prevention Activities and the National Priority Areas; (2) address capability gaps identified in
the Threat and Hazard Identification and Risk Assessment (THIRA) and Stakeholder Preparedness
Review (SPR) process; and (3) implement a comprehensive and coordinated approach to address
enduring security needs of communities that includes planning, training and awareness campaigns,
equipment and capital projects, and exercises.
1. The Subrecipient must use HSGP funds only to perform tasks as described in the Work Plan
(Attachments D-1, D-2), as approved by the Department, and in compliance with this Agreement.
a. SHSP-funded projects must assist state, local, tribal, and territorial efforts to build, enhance, and
sustain the capabilities needed to prevent, prepare for, protect against, and respond to acts of
terrorism. All tasks must have a nexus to terrorism and address capability gaps identified through
the Threat Hazard Identification and Risk Assessment (THIRA)/Stakeholder Preparedness
Review(SPR) process.
b. UASI-funded projects must enhance the security and resilience of high-risk urban areas to build,
sustain, and improve the capabilities necessary to prevent, prepare for, protect against, and
respond to acts of terrorism.All tasks must have a nexus to terrorism and address capability gaps
identified through the THIRA/SPR process.
c. OPSG-funded projects must support enhanced cooperation and coordination among Customs
and Border Protection, United States Border Patrol, and federal, state, local, tribal, and territorial
law enforcement agencies to support joint efforts to secure the United States' borders along
routes of ingress/egress to and from international borders, to include travel corridors in states
bordering Mexico and Canada, as well as states and territories with international water borders.
State, local, tribal, and territorial law enforcement agencies utilize their inherent law enforcement
authorities to support the border security mission and do not receive any additional authority by
participating in OPSG.
d. State agencies, including law enforcement, must comply with RCW 43.17.425 and may not use
agency funds (including this grant), facilities, property, equipment, or personnel, to investigate,
enforce, cooperate with, or assist in the investigation or enforcement of any federal registration
or surveillance programs or any other laws, rules, or policies that target Washington residents
solely on the basis of race, religion, immigration, or citizenship status, or national or ethnic origin,
except as provided in RCW 43.17.425 (3).
2. The Budget (Attachment E) may include the following caps and thresholds:
a. If funds are allotted for Management and Administration (M&A), such expenditures must be
related to administration of the grant. The maximum percentage of the Grant Agreement Amount
that may be used for M&A costs when allocated under this Agreement shall not exceed five
percent(5%) but may be less.
DHS-FEMA-HSGP-SHSP-FY25 Page 11 of 54 Mason County E26-342
b. At least thirty percent(35%) of the combined HSGP award allocated under SHSP and UASI must
be dedicated to law enforcement terrorism prevention activities (LETPA). To meet this
requirement, the Subrecipient has agreed, at a minimum, to meet the LETPA percentage
indicated in the Budget. If the Subrecipient anticipates spending less than the indicated
amount, a budget amendment is required.
c. The maximum percentage of the Grant Agreement Amount that may be used for personnel
expenses under this Agreement is identified in the Budget. If the Subrecipient anticipates
spending more on personnel costs, an amendment is required. Additional approval steps may
also be required before the personnel percentage can be increased.
3. If funding is allocated for intelligence analysts, analytical personnel must 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. Documentation of this requirement must be accessible to the
Department Key Personnel as applicable.
4. If funding is allocated to non-DHS FEMA training, the Subrecipient must request prior written
approval from the Department Key Personnel before attending the training. The Department will
coordinate approval with the State Training Point of Contact. Pursuant to DHS/FEMA Grant
Programs Directorate Information Bulletin No. 432, Review and Approval Requirements for Training
Courses Funded Through Preparedness Grants, https://www.fema.gov/sites/default/files/2020-
04/Training Course Review and Approval IB Final 7 19 18.pdf, the training must fall within the
FEMA mission scope and be in alignment with the Subrecipient's Emergency Operations Plan. This
requirement only applies to training courses and does not include attendance at conferences.
Furthermore, additional federal approvals are required for courses that relate to Countering Violent
Extremism.
5. 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.
6. To gather data for the required FEMA deliverables (i.e., SPR, THIRA), EMD is continuing the pilot of
the three-year County Emergency Preparedness Assessment (CEPA) process with workshops,
occurring in a third of the 39 counties each calendar year 2024-2026. All SHSP Subrecipients that
have not completed a CEPA workshop in calendar year 2024 or 2025 must participate in and
complete a CEPA workshop located in their county in calendar year 2026 to receive SHSP funding.
C. DHS TERMS AND CONDITIONS
As a subrecipient of 25HSGP funding, the Subrecipient shall comply with all applicable DHS terms and
conditions of the 25HSGP Award Letter and its incorporated documents for the Grant, which are
incorporated in and made a part of this Agreement as Attachment C.
DHS-FEMA-HSGP-SHSP-FY25 Page 12 of 54 Mason County E26-342
Attachment B
Washington Military Department
GENERAL TERMS AND CONDITIONS
Department of Homeland Security (DHS)/
Federal Emergency Management Agency (FEMA)
Grants
A.1 DEFINITIONS
As used throughout this Agreement, the terms will have the same meaning as defined in 2 CFR 200
Subpart A (which is incorporated herein by reference), except as otherwise set forth below:
a. "Agreement" means this Grant Agreement.
b. "Department" means the Washington Military Department, as a state agency, any division,
section, office, unit or other entity of the Department, or any of the officers or other officials lawfully
representing that Department. The Department is a recipient of a federal award directly from a
federal awarding agency and is the pass-through entity making a subaward to a Subrecipient
under this Agreement.
c. "Monitoring Activities" means all administrative, financial, or other review activities that are
conducted to ensure compliance with all state and federal laws, rules, regulations, authorities and
policies.
d. "Subrecipient" when capitalized is primarily used throughout this Agreement in reference to the
non-federal entity identified on the Face Sheet of this Agreement that has received a subaward
from the Department. However, the definition of"Subrecipient" is the same as in 2 CFR 200.1 for
all other purposes.
A.2 ADVANCE PAYMENTS PROHIBITED
The Department shall make no payments in advance or in anticipation of goods or services to be provided
under this Agreement. The 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.
Except as provided herein, the Subrecipient must comply with the ADA, which provides comprehensive
civil rights protection to individuals with disabilities in the areas of employment, public accommodations,
state and local government services, and telecommunication. If the ADA does not apply to the
Subrecipient because the Subrecipient is a federal recognized Indian Tribe, then the acceptance by the
Tribe of, or acquiescence to, these General Terms and Conditions does not change or alter its
inapplicability to the Indian Tribe. The execution of grant documents is not intended to change, alter,
amend, or impose additional liability or responsibility upon the Tribe where it does not already exist.
A.5 ASSURANCES
The Department and Subrecipient agree that all activity pursuant to this Agreement will be in accordance
with all the applicable current federal, state and local laws, rules, and regulations.
II
DHS-FEMA-HSGP-SHSP-FY25 Page 13 of 54 Mason County E26-342
A.6 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, OR INELIGIBILITY
As federal funds are a basis for this Agreement, the Subrecipient certifies that the Subrecipient is not
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participating in this Agreement by any federal department or agency.
The Subrecipient shall complete, sign, and return a Certification Regarding Debarment, Suspension,
Ineligibility, and Voluntary Exclusion form located at http://mil.wa.gov/emergency-management-
division/grants/reguiredgrantforms.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 twenty five thousand dollars ($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.gov/debarandstrike/ContractorDebarList.aspx). The Subrecipient also agrees not
to enter into any agreements or contracts for the purchase of goods and services with any party on the
Department of Enterprise Services' "Vendors Not Allowed to Bid(Debarment)"list (Vendors Not Allowed
to Bid (Debarment) I Department of Enterprise Services (DES)).
A.7 CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING
As required by 44 CFR Part 18, the Subrecipient hereby certifies that to the best of its knowledge and
belief: (1) no federally appropriated funds have been paid or will be paid by or on behalf of the
Subrecipient to any person for influencing or attempting to influence an officer or employee of an agency,
a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress
in connection with the awarding of any federal contract, the making of any federal grant, the making of
any federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement; (2)
that if any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this
Agreement, grant, loan, or cooperative agreement, the Subrecipient will complete and submit Standard
Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; (3) and that, as
applicable, the Subrecipient will require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants,
loans, and cooperative agreements)and that all Subrecipients shall certify and disclose accordingly. This
certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into and is a prerequisite for making or entering into this transaction imposed by 31
U.S.C. 1352.
A.8 COMPLIANCE WITH APPLICABLE STATUTES, RULES AND DEPARTMENT POLICIES
The Subrecipient and all its contractors and subrecipients shall comply with, and the Department is not
responsible for determining compliance with, any and all applicable federal, state, and local laws,
regulations, executive orders, OMB Circulars, and/or policies. This obligation includes, but is not limited
to: nondiscrimination laws and/or policies, Energy Policy and Conservation Act(PL 94-163, as amended),
the Americans with Disabilities Act (ADA), Age Discrimination Act of 1975, Title VI of the Civil Rights Act
of 1964, Civil Rights Act of 1968, the Robert T. Stafford Disaster Relief and Emergency Assistance Act,
(PL 93-288, as amended), Ethics in Public Service (RCW 42.52), Covenant Against Contingent Fees (48
CFR Section 52.203-5), Public Records Act (RCW 42.56), Prevailing Wages on Public Works (RCW
39.12), State Environmental Policy Act(RCW 43.21 C), Shoreline Management Act of 1971 (RCW 90.58),
DHS-FEMA-HSGP-SHSP-FY25 Page 14 of 54 Mason County E26-342
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, 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 ten thousand dollars ($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 two thousand dollars ($2,000)
awarded by non-federal entities must include a provision for compliance with the Davis-
Bacon Act(40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor
regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering
Federally Financed and Assisted Construction"). In accordance with the statute, contractors
must be required to pay wages to laborers and mechanics at a rate not less than the
prevailing wages specified in a wage determination made by the Secretary of Labor. In
addition, contractors must be required to pay wages not less than once a week. The non-
federal entity must place a copy of the current prevailing wage determination issued by the
Department of Labor in each solicitation. The decision to award a contract or subcontract
must be conditioned upon the acceptance of the wage determination. The non-federal entity
must report all suspected or reported violations to the federal awarding agency.The contracts
must also include a provision for compliance with the Copeland "Anti-Kickback" Act (40
DHS-FEMA-HSGP-SHSP-FY25 Page 15 of 54 Mason County E26-342
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 one hundred thousand dollars
($100,000) that involve the employment of mechanics or laborers must include a provision
for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor
regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be
required to compute the wages of every mechanic and laborer on the basis of a standard
work week of 40 hours. Work in excess of the standard work week is permissible provided
that the worker is compensated at a rate of not less than one and a half times the basic rate
of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40
U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic
must be required to work in surroundings or under working conditions which are unsanitary,
hazardous or dangerous. These requirements do not apply to the purchases of supplies or
materials or articles ordinarily available on the open market, or contracts for transportation or
transmission of intelligence.
6) Rights to Inventions Made Under a Contract or Agreement. If the federal award meets the
definition of"funding agreement" under 37 CFR §401.2 (a) and the recipient or Subrecipient
wishes to enter into a contract with a small business firm or nonprofit organization regarding
the substitution of parties, assignment or performance of experimental, developmental, or
research work under that "funding agreement," the recipient or Subrecipient must comply
with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants, Contracts and
Cooperative Agreements,"and any implementing regulations issued by the awarding agency.
7) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33
U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of one
hundred fifty thousand dollars ($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 one hundred thousand dollars($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
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comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act. The requirements of Section 6002 include procuring only
items designated in guidelines of the Environmental Protection Agency(EPA)at 40 CFR part
247 that contain the highest percentage of recovered materials practicable, consistent with
maintaining a satisfactory level of competition, where the purchase price of the item exceeds
ten thousand dollars ($10,000) or the value of the quantity acquired during the preceding
fiscal year exceeded ten thousand dollars ($10,000); procuring solid waste management
services in a manner that maximizes energy and resource recovery; and establishing an
affirmative procurement program for procurement of recovered materials identified in the
EPA guidelines.
11) Notice of federal awarding agency requirements and regulations pertaining to reporting.
12) Federal awarding agency requirements and regulations pertaining to copyrights and rights in
data.
13) Access by the Department, the Subrecipient, the federal awarding agency, the Comptroller
General of the United States, or any of their duly authorized representatives to any books,
documents, papers, and records of the contractor which are directly pertinent to that specific
contract for the purpose of making audit, examination, excerpts, and transcriptions.
14) Retention of all required records for six years after the Subrecipient has made final payments
and all other pending matters are closed.
15) Mandatory standards and policies relating to energy efficiency which are contained in the
state energy conservation plan issued in compliance with the Energy Policy and
Conservation Act (Pub. L. 94-163, 89 Stat. 871).
16) Pursuant to Executive Order 13858 "Strengthening Buy-American Preferences for
Infrastructure Projects," and as appropriate and to the extent consistent with law, the non-
Federal entity should, to the greatest extent practicable under a Federal award, provide a
preference for the purchase, acquisition, or use of goods, products, or materials produced in
the United States, as required in 2 CFR Part 200.322, in every contract, subcontract,
purchase order, or sub-award that is chargeable against federal financial assistance awards.
17) Per 2 C.F.R. § 200.216, prohibitions regarding certain telecommunications and video
surveillance services or equipment are mandated by section 889 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (FY 2019 NDAA), Pub. L. No. 115-
232 (2018).
b. The Department reserves the right to review the Subrecipient's procurement plans and
documents and require the Subrecipient to make changes to bring its plans and documents into
compliance with the requirements of 2 CFR Part 200.317 through 200.327. The Subrecipient
must ensure that its procurement process requires contractors and subcontractors to provide
adequate documentation with sufficient detail to support the costs of the project and to allow both
the Subrecipient and Department to make a determination on eligibility of project costs.
c. All contracting agreements entered into pursuant to this Agreement shall incorporate this
Agreement by reference.
A.11 DISCLOSURE
The use or disclosure by any party of any information concerning the Department for any purpose not
directly connected with the administration of the Department's or the Subrecipient's responsibilities with
respect to services provided under this Agreement is prohibited except by prior written consent of the
Department or as required to comply with the state Public Records Act, other law or court order.
A.12 DISPUTES
Except as otherwise provided in this Agreement, when a bona fide dispute arises between the parties
and it cannot be resolved through discussion and negotiation, either party may request a dispute
resolution board to resolve the dispute. A request for a dispute resolution board shall be in writing, state
the disputed issues, state the relative positions of the parties, and be sent to all parties. The board shall
consist of a representative appointed by the Department, a representative appointed by the Subrecipient,
and a third party mutually agreed upon by both parties. The determination of the dispute resolution board
DHS-FEMA-HSGP-SHSP-FY25 Page 17 of 54 Mason County E26-342
shall be final and binding on the parties hereto. Each party shall bear the cost for its member of the
dispute resolution board and its attorney fees and costs and share equally the cost of the third board
member.
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.
DHS-FEMA-HSGP-SHSP-FY25 Page 18 of 54 Mason County E26-342
A.17 NONDISCRIMINATION
During the performance of this agreement, the Subrecipient shall comply with all federal and state
nondiscrimination statutes and regulations. These requirements include, but are not limited to:
a. Nondiscrimination in Employment: The Subrecipient shall not discriminate against any employee or
applicant for employment because of race, color, sex, sexual orientation, religion, national origin,
creed, marital status, age, Vietnam era or disabled veteran status, or the presence of any sensory,
mental, or physical handicap. This requirement does not apply, however, to a religious corporation,
association, educational institution or society with respect to the employment of individuals of a
particular religion to perform work connected with the carrying on by such corporation, association,
educational institution or society of its activities.
b. The Subrecipient shall take action to ensure that employees are employed and treated during
employment without discrimination because of their race, color, sex, sexual orientation religion,
national origin, creed, marital status, age, Vietnam era or disabled veteran status, or the presence of
any sensory, mental, or physical handicap. Such action shall include, but not be limited to, the
following: Employment, upgrading, demotion, or transfer, recruitment or recruitment selection for
training, including apprenticeships and volunteers.
A.18 NOTICES
The Subrecipient shall comply with all public notices or notices to individuals required by applicable local,
state and federal laws and regulations and shall maintain a record of this compliance.
A.19 OCCUPATIONAL SAFETY/HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/HEALTH ACT
(OSHA/WISHA)
The Subrecipient represents and warrants that its workplace does now or will meet all applicable federal
and state safety and health regulations that are in effect during the Subrecipient's performance under this
Agreement. To the extent allowed by law, the Subrecipient further agrees to indemnify and hold harmless
the Department and its employees and agents from all liability, damages and costs of any nature,
including, but not limited to, costs of suits and attorneys' fees assessed against the Department, as a
result of the failure of the Subrecipient to so comply.
A.20 OWNERSHIP OF PROJECT/CAPITAL FACILITIES
The Department makes no claim to any capital facilities or real property improved or constructed with
funds under this Agreement, and by this subaward of funds does not and will not acquire any ownership
interest or title to such property of the Subrecipient. The Subrecipient shall assume all liabilities and
responsibilities arising from the ownership and operation of the project and agrees to defend, indemnify,
and hold the Department, the state of Washington, and the United States government harmless from any
and all causes of action arising from the ownership and operation of the project.
A.21 POLITICAL ACTIVITY
No portion of the funds provided herein shall be used for any partisan political activity or to further the
election or defeat of any candidate for public office or influence the approval or defeat of any ballot issue.
A.22 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION
The assistance provided under this Agreement shall not be used in payment of any bonus or commission
for the purpose of obtaining approval of the application for such assistance or any other approval or
concurrence under this Agreement provided, however, that reasonable fees or bona fide technical
consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if
otherwise eligible as project costs.
A.23 PUBLICITY
The Subrecipient agrees to submit to the Department prior to issuance all advertising and publicity
matters relating to this Agreement wherein the Department's name is mentioned, or language used from
which the connection of the Department's name may, in the Department's judgment, be inferred or
implied. The Subrecipient agrees not to publish or use such advertising and publicity matters without the
prior written consent of the Department. The Subrecipient may copyright original work it develops in the
course of or under this Agreement; however, pursuant to 2 CFR Part 200.315, FEMA reserves a royalty-
free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize
others to use the work for government purposes.
DHS-FEMA-HSGP-SHSP-FY25 Page 19 of 54 Mason County E26-342
Publication resulting from work performed under this Agreement shall include an acknowledgement of
FEMA's financial support, by the Assistance Listings Number(formerly CFDA Number), and a statement
that the publication does not constitute an endorsement by FEMA or reflect FEMA's views.
A.24 RECAPTURE PROVISION
In the event the Subrecipient fails to expend funds under this Agreement in accordance with applicable
federal, state, and local laws, regulations, and/or the provisions of the Agreement, the Department
reserves the right to recapture funds in an amount equivalent to the extent of noncompliance. Such right
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
DHS-FEMA-HSGP-SHSP-FY25 Page 20 of 54 Mason County E26-342
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.
Subrecipients of a federal award, that expend one million dollars ($1,000,000) 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. Subrecipients that spend less than one
million dollars ($1,000,000) 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 "subrecipient"
means an entity that receives a subaward from a pass-through entity to carry out a federal award as a
recipient or subrecipient.
Subrecipients that are required to have an audit must ensure the audit is performed in accordance with
Generally Accepted Government Auditing Standards (GAGAS) as found in the Government Auditing
Standards (the Revised Yellow Book) developed by the United States Comptroller General and the OMB
Compliance Supplement. The Subrecipient has the responsibility of notifying its auditor and requesting
an audit in compliance with 2 CFR Part 200 Subpart F, to include the Washington State Auditor's Office,
a federal auditor, or a public accountant performing work using GAGAS, as appropriate. Costs of the
audit may be an allowable grant expenditure as authorized by 2 CFR Part 200.425.
The Subrecipient shall maintain auditable records and accounts so as to facilitate the audit requirement
and shall ensure that any subcontractors also maintain auditable records. The Subrecipient is responsible
for any audit exceptions incurred by its own organization or that of its subcontractors. Responses to any
unresolved management findings and disallowed or questioned costs shall be included with the audit
report. The Subrecipient must respond to Department requests for information or corrective action
concerning audit issues or findings within 30 days of the date of request. The Department reserves the
right to recover from the Subrecipient all disallowed costs resulting from the audit.
After the single audit has been completed, and if it includes any audit findings, the Subrecipient must
send a full copy of the audit and its Corrective Action Plan to the Department at the following address no
later than nine (9) months after the end of the Subrecipient's fiscal year(s):
Contracts Office
Washington Military Department
Finance Division, Building #1 TA-20
Camp Murray, WA 98430-5032
OR
Contracts.Office(ãm il.wa.gov
The Department retains the sole discretion to determine whether a valid claim for an exemption from the
audit requirements of this provision has been established.
Conducting a single or program-specific audit in compliance with 2 CFR Part 200 Subpart F is a material
requirement of this Agreement. In the absence of a valid claim of exemption from the audit requirements
of 2 CFR Part 200 Subpart F, the Subrecipient's failure to comply with said audit requirements may result
in one or more of the following actions in the Department's sole discretion: a percentage of federal awards
being withheld until the audit is completed in accordance with 2 CFR Part 200 Subpart F; the withholding
or disallowing of overhead costs; the suspension of federal awards until the audit is conducted and
submitted; or termination of the federal award.
A.29 SUBRECIPIENT NOT EMPLOYEE
The Subrecipient, and/or employees or agents performing under this Agreement, are not employees or
agents of the Department in any manner whatsoever. The Subrecipient will not be presented as nor
claim to be an officer or employee of the Department or of the state of Washington by reason hereof, nor
will the Subrecipient make any claim, demand, or application to or for any right, privilege or benefit
applicable to an officer or employee of the Department or of the state of Washington, including, but not
limited to, Workers' Compensation coverage, unemployment insurance benefits, social security benefits,
retirement membership or credit, or privilege or benefit which would accrue to a civil service employee
under Chapter 41.06 RCW; OFM Reg. 4.3.1.1.8.
DHS-FEMA-HSGP-SHSP-FY25 Page 21 of 54 Mason County E26-342
It is understood that if the Subrecipient is another state department, state agency, state university, state
college, state community college, state board, or state commission, that the officers and employees are
employed by the state of Washington in their own right.
If the Subrecipient is an individual currently employed by a Washington State agency, the Department
shall obtain proper approval from the employing agency or institution before entering into this contract.
A statement of"no conflict of interest"shall be submitted to the Department.
A.30 TAXES, FEES AND LICENSES
Unless otherwise provided in this Agreement, the Subrecipient shall be responsible for, pay and maintain
in current status all taxes, unemployment contributions, fees, licenses, assessments, permit charges and
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.
DHS-FEMA-HSGP-SHSP-FY25 Page 22 of 54 Mason County E26-342
The rights and remedies of the Department provided for in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law.
If it is determined that the Subrecipient: (1)was not in default or material breach, or(2)failure to perform
was outside of the Subrecipient's control, fault or negligence, the termination shall be deemed to be a
termination for convenience.
A.34 TERMINATION PROCEDURES
In addition to the procedures set forth below, if the Department terminates this Agreement, the
Subrecipient shall follow any procedures specified in the termination notice. Upon termination of this
Agreement and in addition to any other rights provided in this Agreement, the Department may require
the Subrecipient to deliver to the Department any property specifically produced or acquired for the
performance of such part of this Agreement as has been terminated.
If the termination is for convenience, the Department shall pay to the Subrecipient as an agreed upon
price, if separately stated, for properly authorized and completed work and services rendered or goods
delivered to and accepted by the Department prior to the effective date of Agreement termination, the
amount agreed upon by the Subrecipient and the Department for(i) completed work and services and/or
equipment or supplies provided for which no separate price is stated, (ii) partially completed work and
services and/or equipment or supplies provided which are accepted by the Department, (iii) other work,
services and/or equipment or supplies which are accepted by the Department, and (iv)the protection and
preservation of property.
Failure to agree with such amounts shall be a dispute within the meaning of the"Disputes" clause of this
Agreement. If the termination is for cause, the Department shall determine the extent of the liability of the
Department. The Department shall have no other obligation to the Subrecipient for termination. The
Department may withhold from any amounts due the Subrecipient such sum as the Department
determines to be necessary to protect the Department against potential loss or liability.
The rights and remedies of the Department provided in this Agreement shall not be exclusive and are in
addition to any other rights and remedies provided by law.
After receipt of a notice of termination, and except as otherwise directed by the Department in writing,
the Subrecipient shall:
a. Stop work under the Agreement on the date, and to the extent specified, in the notice
b. Place no further orders or contracts for materials, services, supplies, equipment and/or facilities
in relation to this Agreement except as may be necessary for completion of such portion of the
work under the Agreement as is not terminated
c. Assign to the Department, in the manner, at the times, and to the extent directed by the
Department, all of the rights, title, and interest of the Subrecipient under the orders and contracts
so terminated, in which case the Department has the right, at its discretion, to settle or pay any
or all claims arising out of the termination of such orders and contracts
d. Settle all outstanding liabilities and all claims arising out of such termination of orders and
contracts, with the approval or ratification of the Department to the extent the Department may
require, which approval or ratification shall be final for all the purposes of this clause
e. Transfer title to the Department and deliver in the manner, at the times, and to the extent directed
by the Department any property which, if the Agreement had been completed, would have been
required to be furnished to the Department
f. Complete performance of such part of the work as shall not have been terminated by the
Department in compliance with all contractual requirements
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
DHS-FEMA-HSGP-SHSP-FY25 Page 23 of 54 Mason County E26-342
under the state of Washington certification program to apply and compete for work under this contract.
Voluntary numerical MWBE participation goals have been established and are indicated herein: Minority
Business Enterprises: (MBE's): 10% and Woman's Business Enterprises (WBE's): 6%.
A.36 VENUE
This Agreement shall be construed and enforced in accordance with, and the validity and performance
shall be governed by, the laws of the state of Washington. Except for as provided herein, the exclusive
venue of any suit between the parties arising out of this Agreement shall be the Superior Court of
Thurston County, Washington, and the Subrecipient, by execution of this Agreement, acknowledges the
jurisdiction of the courts of the state of Washington. Provided, that if the Subrecipient is a federally
recognized Indian Tribe, the parties agree that, in the event either party to this Agreement commences
any suit relating to or arising from the Agreement, the United States District Court for the Western District
of the State of Washington shall have the sole and exclusive jurisdiction over such proceeding. If the
court lacks federal subject matter jurisdiction, then the Tribe agrees to waive its sovereign immunity from
suit for the limited purpose of permitting the State to enforce the terms of this Agreement in the Superior
Court of Washington under Washington law, and venue for such suit shall be the Superior Court of
Thurston County, Washington. This limited waiver of sovereign immunity is solely for the benefit of the
State. This limited waiver of sovereign immunity shall not be for, nor shall it be construed as for, the
benefit of any other person or entity, and the Tribe does not waive its immunity with respect to any action
brought by, or on behalf of, any other entity or person.
A.37 WAIVERS
No conditions or provisions of this Agreement can be waived unless approved in advance by the
Department in writing. The Department's failure to insist upon strict performance of any provision of the
Agreement or to exercise any right based upon a breach thereof, or the acceptance of any performance
during such breach, shall not constitute a waiver of any right under this Agreement.
DHS-FEMA-HSGP-SHSP-FY25 Page 24 of 54 Mason County E26-342
II
Attachment C
25HSGP Award Letter
EMW-2025-SS-05030
Amendment Memo
U.S.Department of Homeland Security
Washington, D.C.20472
Effective date:05/26/2026
FEMA
FEMA has made an amendment to your award:EMW-2025-SS-05030.The change to your grant was
reviewed and is hereby approved as specified below.All other terms and conditions of the grant remain
unchanged.
Terms and conditions amendment(s)
FEMA has reviewed the terms and conditions of your award.
The following terms and conditions have been added to your award:
Article 75 National Priority Area Program Hold(30%)
Consistent with the FY 2025 HSGP NOFO,the recipient is prohibited from drawing down funding for projects
needed to meet the 30%minimum spending requirements for National Priority Areas under this award until
each project is reviewed by FEMA/GPD to determine effectiveness.Per IB 550,the 45-day pass through
period will not begin for these funds until this hold is lifted.
Article 76 Law Enforcement Terrorism Prevention Activities Program Hold (35%)
Consistent with the FY 2025 HSGP NOFO,the recipient is prohibited from drawing down funding for projects
needed to meet the 35%minimum allocation requirements for Law Enforcement Terrorism Prevention
Program Activities(LETPA)under this award until each project is reviewed by FEMA/GPD to determine
alignment with LETPA requirements.Per IB 550,the 45-day pass through period will not begin for these
funds until this hold is lifted.
The following terms and conditions have been removed from your award:
Article 57 Funding Hold:Additional Information Required
FEMA has placed a funding hold on this award,and$19,631,821 is on hold in the FEMA financial systems.
The recipient is prohibited from obligating,expending,or drawing down the funds associated with the
following Homeland Security Grant Program subprogram(s)/investment(s).To release the funding hold,the
recipient must provide a detailed cost breakdown and justification for the investments/projects listed above.
FEMA will rescind the funding hold upon its review and approval of the detailed cost breakdown and
justification.If you have questions about this funding hold,please contact the DHS/FEMA Headquarters
Preparedness Officer.
Your amended award package is included below.The amended award package incorporates changes
approved in this amendment as well as any previously approved amendments.
DHS-FEMA-HSGP-SHSP-FY25 Page 25 of 54 Mason County E26-342
Award Letter
U.S.Department of Homeland Security
Washington,D.C.20472
Effective date:05/26/2026 ,; c..
J FEMA
Gail Cram
MILITARY DEPARTMENT,WASHINGTON STATE
BUILDING 1 MILITIA DR STATE FINANCIAL SERVICES
CAMP MURRAY,WA 98430
EMW-2025-SS-05030
Dear Gail Cram,
Congratulations on behalf of the Department of Homeland Security,your application submitted for the Fiscal
Year(FY)2025 Homeland Security Grant Program,has been approved in the amount of$19,631,821.00 in
Federal funding.This award of federal assistance is executed as a Grant.
Before you request and receive any of the Federal funds awarded to you,you must establish acceptance of
the award through the FEMA Grants Outcomes(FEMA GO)system.By accepting this award,you
acknowledge that the terms of the following documents are incorporated into the terms of your award:
• Award Summary-included in this document
• Agreement Articles-included in this document
• Obligating Document-included in this document
• Fiscal Year(FY)2025 Homeland Security Grant Program(HSGP)Notice of Funding Opportunity
• The Preparedness Grant Manual(PGM)
Please make sure you read,understand,and maintain a copy of these documents in your official file for this
award.
Sincerely,
�
David Gudinas
Deputy Assistant Administrator(Acting)
Grant Programs Directorate I Resilience
DHS-FEMA-HSGP-SHSP-FY25 Page 26 of 54 Mason County E26-342
Award Summary
Program:Fiscal Year 2025 Homeland Security Grant Program
Recipient:MILITARY DEPARTMENT,WASHINGTON STATE
UEI-EFT:D2EJRGZ2PLG8
Award number:EMW-2025-SS-05030
Summary description of award
The Fiscal Year(FY)2025 Homeland Security Grant Program(HSGP)Is one of three grant programs that
constitute the DHS/FEMA focus on enhancing the ability of state,local,tribal,and territorial governments,as
well as nonprofits,to prevent,protect against,respond to,and recover from terrorist attacks,These grant
programs are part of a comprehensive set of measures authorized by Congress and Implemented by DHS to
help strengthen the Nation's communities against potential terrorist attacks.Among the five basic homeland
security missions noted In the DHS Strategic Plan,the HSGP supports the goal to Strengthen National
Preparedness and Resilience.
Amount awarded table
The amount of the award Is detailed In the attached Obligating Document for Award.
The following are the budgeted estimates for object classes for this amended award(Including Federal share
plus your cost share,If applicable):
Object Class Total
Personnel $1,643,728.00
Fringe benefits $290,825.00
Travel $36,702.00
Equipment $5,693,365.00
Supplies _ ... _ _..... - _. $16,675.00
Contractual $1,024,796.00
Construction $0.00
Other $10,772,782.00
Indirect charges $152,948.00
Federal $19,631,821.00
Non-federal $0.00
Total $18,631,621.00
Program Income $0.00
Approved scope of work
FEMA has approved the below scope of work.Differences between the approved scope of work in this
amendment and the previously approved scope of work are justified below.You must submit scope or budget
revision requests for FEMA's prior approval,via an amendment request,as appropriate per 2 C.F.R.§
200.308 and the FY2025 HSGP NOFO.
//due to new system inclusion of information with no context, pages 5-42 not included—available on request//
DHS-FEMA-HSGP-SHSP-FY25 Page 27 of 54 Mason County E26-342
Agreement Arflcesl
Program:Fiscal Year 2025 Homeland Security Grant Program
Recipient;MILITARY DEPARTMENT,WASHINGTON STATE
UEI-EFT:D2EJRGZ2PLG8
Award number:EMW-2025-8S-05030
TaWe of contents
1Article Assurance,Ad►nlnlsirativu Ftuqulri*tents,Cost Principles,Reprosentatlanu,and. ...
Certifications
Article General Acknowledgements and Assurances
rdcie Acknowledgement of Federal Funding from OHS
Article Activities Conducted Abroad
rticle Age Discrimination Act of 1975
5
Article Americans with Disabilities Act of 1990
6
Article Best Practices for Collection and Use of Personally identifiable information
Article CHIPS and Science Act of 2022,Public Law 117-167 CHIPS
rticle Civil Rights Act of 1964—This VI
1Articie Civil Rights Act of 1968
10
Article Communication and Cooperation with the Department of Homeland Security and
1 Immigration Officials
Article Copyright
It 12
Article Debarment and Suspension
3 Article Drug-Free Workplace Regulations
14
Article Duplicative Costs
15
?Article Education Amendments of 1972(Equal Opportunity in Education Act)—Title IX
�6
rticle Energy Policy and Conservation Act
A7
rticle Equal Treatment of Faith-Based Organizations
18
'Article Anti-Discrimination
10
Article False Claims Act and Program Fraud Civil Remedies
�Z0
(Article Federal Debt Status
21
Article Federal Leadership on Reducing Text Messaging while Driving
2
Article Fly America Act of 1974
Article Hotel and Motel Fire Safety Act of 1990
rticie John S.McCain National Defense Authorization Act of Fiscal Year 2019
z5
Article Limited English Proficiency(Civil Rights Act of 1964,Title VI)
6 '
Article Lobbying Prohibitions
7
rticie National Environmental Policy Act
DHS-FEMA-HSGP-SHSP-FY25 Page 28 of 54 Mason County E26-342
Article National Security Presidential Memorandum-33(NSPM-33)and provisions of the CHIPS
29 and Science Act of 2022,Pub.L.117-167,Section 10254
Article Non-Supplanting Requirement
30
1Article Notice of Funding Opportunity Requirements
Cif
�rtcie Patents and Intellectual Property Rights
32
�Article Presidential Executive Orders
33
Article Procurement of Recovered Materials
34
Article Rehabllltatlon Act of 1973
35
Article Reporting Recipient Integrity and Performance Matters
36
Article Reporting Subawards and Executive Compensation
37
,Article Required Use of American iron,Steel,Manufactured Products,and Construction Materials
38
Article SAFECOM
39
Article Subrecipient Monitoring and Management
0
Article System for Award Management and Unique Entity Identifier Requirements
1
Article Termination of a Federal Award
2
Article Terrorist Financing
3
Article Trafficking Victims Protection Act of 2000(TVPA)
Article Uniting and Strengthening America by Providing Appropriate Toole Required to Intercept
�45 and Obstruct Terrorism(USA PATRIOT)Act of 2001,Pub.L.107-56
Article Use of OHS Seal,Logo and Flags
6
Article Whlstleblower Protection Act
7
Article Environmental Planning and Historic Preservation(EHP)Review
8
Article Applicability of OHS Standard Terms and Conditions to Tribal Nations
,49
Article Acceptance of Post Award Changes
50
Article Disposition of Equipment Acquired Under the Federal Award
51
rArticie Prior Approval for Modification of Approved Budget
52
Article Indirect Cost Rate
53
iArticie Build America,Buy America Act(BABAA)Required Contract Provision&Self-Certification
54 ,
Article OPSO Program Performance Goal
55
Article HSGP Performance Goal
56
DHS-FEMA-HSGP-SHSP-FY25 Page 29 of 54 Mason County E26-342
:Article This article has been removed
7
Article Operation Stonegarden Program Hold
56
Article Non-Applicability of Specific Agreement Articles
g
Article Period of Performance and Budget Period
60
(Article State Homeland Security Program:Compliance with Federal Immigration Law
61
(Article State Homeland Security Program:Non-Applicability of Specific Terms and Agreement
62 Articles
Ardcle State Homeland Security Program:Impact of San Francisco v.Trump Preliminary
63 Injunction
Article State Homeland Security Program:Impact of State of Illinois v.FEMA Injunction
64
Article Urban Area Security Initiative:Compliance with Federal Immigration Law
65
Article Urban Area Security Initiative:Non-Applicability of Specific Terms and Agreement Articles
6
1Ardcle Urban Area Security Initiative:Impact of San Francisco v.Trump Preliminary Injunction
i67
Ardcle Urban Area Security Initiative:Impact of State of Illinois v.FEMA Injunction
68
4rticle Operation Stonegarden:Non-Applicability of Specific Terms and Agreement Articles
69
rticfe Summary Description of Award and Subprograms
0
rticle State Homeland Security Program:Rescission of Agreement Articles Pursuant to State of
71 Illinois,et al.v.FEMA,at al.
Article Urban Area Security initiative:Rescission of Agreement Articles Pursuant to State of
72 Illinois,at al.v.FEMA,at al.
Article Amended Award Amount Pursuant to State of Illinois,at al.v.Kristl Noem,et al.(D.Ri).
3
Article Amended Period of Performance and Budget Period Pursuant to State of Illinois,at af.v.
4 Knell Noem,at al.(D.RI)and State of Michigan at al.v.Krisd Noem at al.(D.OR).
�rticle National Priority Area Program Hold(30%)
5
Article Law Enforcement Terrorism Prevention Activities Program Hold(35%)
F6
DHS-FEMA-HSGP-SHSP-FY25 Page 30 of 54 Mason County E26-342
Article 1 Assurance,Administrative Requirements,Cost Principles,Representations,and
Certifications I.Recipients must complete either the Office of Management and Budget
(OMB)Standard Form 424E Assurances-Non-Construction Programs,or OMB
Standard Form 424D Assurances-Construction Programs,as applicable.Certain
assurances in these documents may not be applicable to your program and the DHS
financial assistance office(DHS FAO)may require applicants to certify additional
assurances.Applicants are required to fill out the assurances,as instructed.
Article 2 General Acknowledgements and Assurances Recipients are required to follow the
applicable provisions of the Uniform Administrative Requirements,Cost Principles,and
Audit Requirements for Federal Awards in effect as of the federal award date and located
in Title 2,Code of Federal Regulations,Part 200 and adopted by DHS at 2 C.F.R.§
3002.10.All recipients and subrecipients must acknowledge and agree to provide DHS
access to records,accounts,documents,information,facilities,and staff pursuant to 2
C.F.R.§200.337.I.Recipients must cooperate with any DHS compliance reviews or
compliance investigations.Ii.Recipients must give DHS access to examine and copy
records,accounts,and other documents and sources of information related to the federal
award and permit access to facilities and personnel.III.Recipients must submit timely,
complete,and accurate reports to the appropriate DHS officials and maintain appropriate
backup documentation to support the reports.IV.Recipients must comply with all other
spacial reporting,data collection,and evaluation requirements required by law,federal
regulation,Notice of Funding Opportunity,federal award specific terms and conditions,
and/or DHS Component program guidance.Organization costs related to data and
I evaluation are allowable.The definition of data and evaluation costs is in 2 C.F.R.§
200.455(c),the full text of which is incorporated by reference.V.Recipients must
complete DHS Form 3095 within 60 days of receipt of the Notice of Award for the first
award under which this term applies.For further instructions and to access the form,
please visit:httpeJAvww.dhs.gov/civil-rightsresources-reciplents-dhs-financial-
asslstance,
Article 3 Acknowledgement of Federal Funding from DHS Recipients must acknowledge
their use of federal award 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 award funds.
Article 4 Activities Conducted Abroad Recipients must coordinate with appropriate government
authorities when performing project activities outside the United States obtain all
appropriate licenses,permits,or approvals.
Article 5 Age Discrimination Act of 1975 Recipients must comply with the requirements of the
Age Discrimination Act of 1975,Pub.L.No.94.135(codified as amended at Title 42,
U.S.Code§6101 at seq.),which prohibits discrimination on the basis of age in any
program or activity receiving federal financial assistance.
Article 6 Americans with Disabilities Act of 1990 Recipients must comply with the
requirements of Titles I,II,and III of the Americans with Disabilities Act,Pub.L.No.101-
336(1990)(codified as amended at 42 U.S.C.§§12101-12213),which prohibits
recipients from discriminating on the basis of disability In the operation of public entities,
public and private transportation systems,places of public accommodation,and certain
testing entities.
Article 7 Best Practices for Collection and Use of Personally Identifiable Information(1)
Recipients who collect personally identifiable information(P11)as part of carrying out the
scope of work under a federal award are required to have a publicly available privacy
policy that describes standards on the usage and maintenance of the Pit they collect.(2)
Definition.DHS defines"PIP"as any information that permits the identity of an Individual to
be directly or indirectly inferred,including any information that is linked or linkable to that
individual.Recipients may also find the DHS Privacy Impact Assessments:Privacy
Guidance and Privacy Template as useful resources respectively.
DHS-FEMA-HSGP-SHSP-FY25 Page 31 of 54 Mason County E26-342
Article 8 CHIPS and Science Act of 2022,Public Law 117.167 CHIPS(1)Recipients of DHS
research and development(R&D)awards must report to the OHS Component research
program office any finding or determination of sex based and sexual harassment and/or
an administrative or disciplinary action taken against principal investigators or co-
investigators to be completed by an authorized organizational representative(AOR)at
the recipient institution.(2)Notification.An AOR must disclose the following Information
to agencies within 10 days of the date/the finding Is made,or 10 days from when a
recipient imposes an administrative action on the reported individual,whichever is
sooner.Reports should include:(a)Award number,(b)Name of Pi or Co-PI being
reported,(c)Awardee name,(d)Awardee address,(a)AOR name,title,phone,and
email address,(f)Indication of the report type:(t)Finding or determination has been
made that the reported individual violated awardee policies or codes of conduct,statutes,
or regulations related to sexual harassment,sexual assault,or other forms of harassment,
including the date that the finding was made.(ii)Imposition of an administrative or
disciplinary action by the recipient on the reporting individual related to a
finding/determination or an investigation of an alleged violation of recipient policy or
codes of conduct,statutes,or regulations,or other forms of harassment.(iii)The date
and nature of the administrative/disciplinary action,including a basic explanation or
description of the event,which should not disclose personally identifiable information
regarding any complaints or individuals involved.Any description provided must be
consistent with the Family Educational Rights in Privacy Act.(3)Definitions.(a)An
"authorized organizational representative(AOR)"Is an administrative official who,on
behalf of the proposing institution,is empowered to make certifications and
representations and can commit the institution to the conduct of a project that an agency
Is being asked to support as well as adhere to various agency policies and award
requirements.(b)"Principal investigators and co-principal investigators"are award
personnel supported by a grant,cooperative agreement,or contract under Federal law.
(c)A"reported individual"refers to recipient personnel who have been reported to a
federal agency for potential sexual harassment violations.(d)"Sex based harassment"
means a form of sex discrimination and includes harassment based on sex,sex
stereotypes,sex characteristics,pregnancy or related conditions,sexual orientation,and
gender identity.(a)"Sexual harassment"means unwelcome sexual advances,requests
for sexual favors,and other verbal or physical conduct of a sexual nature when this
conduct explicitly or implicitly affects an individual's employment,unreasonably interferes
with an individual's work performance,or creates an intimidating,hostile,or offensive
work environment,whether such activity is carried out by a supervisor or by a co-worker,
volunteer,or contractor.
Article 9 Civil Rights Act of 1964—Tide VI Recipients must comply with the requirements of
Title VI of the Civil Rights Act of 1984,Pub.L.No.88-352(codified as amended at 42
U.S.C.§2000d at 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.OHS implementing regulations for the Act are found at 6
C.F.R.Part 21.Recipients of a federal award from the Federal Emergency Management
Agency(FEMA)must also comply with FEMA's implementing regulations at 44 C.F.R.
Part 7.
Article 10 Civil Rights Act of 1968 Recipients must comply with Title Vill of the Civil Rights Act of
1968,Pub.L.No.90284(codified as amended at 42 U.S.C.§3801 at seq.)which
prohibits recipients from discriminating In the sale,rental,financing,and advertising of
dwellings,or In the provision of services in connection,therewith,on the basis of race,
color,national origin,religion,disability,familial status,and sox,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 now 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.)
DHS-FEMA-HSGP-SHSP-FY25 Page 32 of 54 Mason County E26-342
Article 11 Communication and Cooperation with the Department of Homeland Security
and Immigration Officials(1)All recipients and other recipients of funds under this
award must agree that they will comply with the following requirements related to
coordination and cooperation with the Department of Homeland Security and immigration
officials:(a)They must comply with the requirements of 8 U.S.C.§§1373 and 1644.
These statutes prohibit restrictions on information sharing by state and local government
entities with DHS regarding the citizenship or immigration status,lawful or unlawful,of
any individual.Additionally,8 U.S.C.§1373 prohibits any person or agency from
prohibiting,or in any way restricting,a Federal,State,or local government entity from
doing any of the following with respect to Information regarding the Immigration status of
any individual:1)sending such information to,or requesting or receiving such information
from,Federal immigration officials;2)maintaining such information;or 3)exchanging
such Information with any other Federal,State,or local government entity;(b)They must
comply with other relevant laws related to Immigration,including prohibitions on
encouraging or Inducing an alien to come to,enter,or reside in the United States in
violation of law,8 U.S.C.§1324(a)(1)(A){iv),prohibitions on transporting or moving
illegal aliens,8 U.S,C,§1324(a)(1)(A)(li),prohibitions on harboring,concealing,or
shielding from detection illegal aliens,8 U.S.C.§1324(a)(1)(A)(ili),and any applicable
conspiracy,aiding or abetting,or attempt liability regarding these statutes;(c)That they
will honor requests for cooperation,such as participation in Joint operations,sharing of
information,or requests for short term detention of an alien pursuant to a valid detainer.A
jurisdiction does not fall to comply with this requirement merely because it lacks the
necessary resources to assist In a particular Instance;(d)That they will provide access to
detainees,such as when an immigration officer seeks to interview a person who might be
a removable alien;and(a)That they will not leak or otherwise publicize the existence of
an immigration enforcement operation.(2)The recipient must certify under penalty of
perjury pursuant to 28 U.S,C,§1746 and using a form that is acceptable to DHS,that it
will comply with the requirements of this term.Additionally,the recipient agrees that it will
require any subrecipients or contractors to certify In the same manner that they will
comply with this term prior to providing them with any funding under this award.(3)The
recipient agrees that compliance with this term Is material to the Government's decision
to make or continue with this award and that the Department of homeland Security may
terminate this grant,or take any other allowable enforcement action,if the recipient fails
to comply with this term.
Article 12 Copyright Recipients must affix the applicable copyright notices of 17 U.S.C.§§401 or
402 to any work first produced under federal awards and also include an
acknowledgement that the work was produced under a federal award(including the
federal award number and federal awarding agency).As detailed in 2 C.F.R.§200.315,a
federal awarding agency reserves a royalty-free,nonexclusive,and irrevocable right to
reproduce,publish,or otherwise use the work for federal purposes and to authorize
others to do so.
Article 13 Debarment and Suspension Recipients must comply with the non.procurement
debarment and suspension regulations Implementing Executive Orders 12549 and 12689
set forth at 2 C.F.R.Part 180 as implemented by DHS at 2 C.F.R.Part 3000.These
regulations prohibit recipients from entering Into covered transactions(such as
subawards and contracts)with certain parties that are debarred,suspended,or
otherwise excluded from or ineligible for participation in federal assistance programs or
activities.
Article 14 Drug-Free Workplace Regulations Recipients must comply with drug-free workplace
requirements in Subpart B(or Subpart C,if the recipient is an individual)of 2 C.F.R.Part
3001,which adopts the Government-wide implementation(2 C.F,R,Part 182)of the
Drug-Free Workplace Act of 1988(41 U.S.C.§§8101-8106).
Article 15 Duplicative Costs Recipients are prohibited from charging any cost to this federal
award that will be included as a cost or used to meet cost sharing requirements of any
other federal award in either the current or a prior budget period.See 2 C.F.R.§
200.403(f).However,recipients may shift costs that are allowable under two or more
federal awards where otherwise permitted by federal statutes,regulations,or the federal
award terms and conditions.
DHS-FEMA-HSGP-SHSP-FY25 Page 33 of 54 Mason County E26-342
Article 16 Education Amendments of 1972(Equal Opportunity In Education Act)—Title IX
Recipients must comply with the requirements of Title IX of the Education Amendments
of 1972,Pub.L.No.92-318(codified as amended at 20 U.B.C.§1681 et seq.),which
provide that no person in the United States will,on the basis of sex,be excluded from
participation In,be denied the benefits of,or be subjected to discrimination under any
educational program or activity receiving federal financial assistance.DHS implementing
regulations are codified at 6 C.F.R.Part 17.Recipients of a federal award from the
Federal Emergency Management Agency(FEMA)must also comply with FEMA's
implementing regulations at 44 C.F.R.Part 19.
Article 17 Energy Policy and Conservation Act Recipients must comply with the requirements of
the Energy Policy and Conservation Act,Pub.L.No.94-163(1975)(codified as amended
at 42 U.S.C.§6201 at seq.),which contain policies relating to energy efficiency that are
defined In the state energy conservation plan issued in compliance with this Act.
Article 18 Equal Treatment of Faith-Based Organizations It is DHS policy to ensure the equal
treatment of faith-based organizations in social service programs administered or
supported by DHS or Its component agencies,enabling those organizations to participate
in providing Important social services to beneficiaries.Recipients must comply with the
equal treatment policies and requirements contained In 6 C.F.R.Part 19 and other
} applicable statutes,regulations,and guidance governing the participations of faith-based
organizations in Individual DHS programs. ff
Article 19 Anti-DlscrIminatlon Recipients must comply with all applicable Federal anti-
discrimination laws material to the government's payment decisions for purposes of 31
U.S.C.§372(b)(4).(1)Definitions.As used In this clause-(a)DEI means"diversity,
equity,and inclusion."(b)DEIA means"diversity,equity,Inclusion,and accessibility."(c)
Discriminatory equity ideology has the meaning set forth In Section 2(b)of Executive
Order 14190 of January 29,2025.(d)Federal antidiscrimination laws mean Federal civil
rights law that protect individual Americans from discrimination on the basis of race,
color,sox,religion,and national origin.(a)Illegal Immigrant means any alien,as defined II
in 8 U.S.C.§1101(a)(3),who has no lawful Immigration status In the United States(2)
Grant award certification.(a)By accepting the grant award,recipients are certifying that:
(1)They do not,and will not during the term of this financial assistance award,operate
any programs that advance or promote DEI,DEIA,or discriminatory equity ideology In
violation of Federal anti-discrimination laws;and(ii)They do not engage in and will not
during the term of this award engage in,a discriminatory prohibited boycott.(iii)They do
not,and will not during the term of this award,operate any program that benefits illegal
immigrants or incentivizes illegal immigration.(3)DHS reserves the right to suspend
payments In whole or in part and/or terminate financial assistance awards if the Secretary
of Homeland Security or her designee determines that the recipient has violated any
provision of subsection(2).(4)Upon suspension or termination under subsection(3),all
funds received by the recipient shall be deemed to be in excess of the amount that the
recipient is determined to be entitled to under the Federal award for purposes of 2 C.F.R.
§200.346.As such,all amounts received will constitute a debt to the Federal
Government that may be pursued to the maximum extent permitted by law.
Article 20 False Claims Act and Program Fraud Civil Remedies Recipients must comply with
the requirements of the False Claims Act,31 U.S.C.§§3729-3733,which prohibit the
submission of false or fraudulent claims for payment to the Federal Government.(See 31
U.S.C.§§3801-3812,which details the administrative remedies for false claims and
statements made.)
Article 21 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.Sea OMB Circular A-129.
Article 22 Federal Leadership on Reducing Text Messaging while Driving Recipients are
encouraged to adopt and enforce policies that ban text messaging while driving recipient-
owned,recipient-rented,or privately owned vehicles when on official government
business or when performing any work for or on behalf of the Federal Government.
Recipients are also encouraged to conduct the initiatives of the type described in Section
3(a)of Executive Order 13513.
DHS-FEMA-HSGP-SHSP-FY25 Page 34 of 54 Mason County E26-342
Article 23 Fly America Act of 1974 Recipients must comply with Preference for U.S.Flag Air
Carriers(a list of certified air carriers can be found at:Certificated Air Carriers List I US
Department of Transportation,https://www.transportation,gov/policy/aviation-
policy/certificated-aircarriers-Iist)for international air transportation of people and property
to the extent that such service is available,In accordance with the International Air
Transportation Fair Competitive Practices Act of 1974,49 U.S.C.§40118,and the
Interpretative guidelines issued by the Comptroller General of the United States In the
March 31,1981,amendment to Comptroller General Decision 8-138942.
Article 24 Hotel and Motel Fire Safety Act of 1990 Recipients must ensure that all conference,
meeting,convention,or training space funded entirely or in part by federal award funds
complies with the fire prevention and control guidelines of Section 6 of the Hotel and
Motel Fire Safety Act of 1990,15 U.S.C.§2225a.
Article 25 John S.McCain National Defense Authorization Act of Fiscal Year 2019
Recipients,subrecipients,and their contractors and subcontractors are subject to the
prohibitions described In section 889 of the John S.McCain National Defense
Authorization Act for Fiscal Year 2019,Pub.L.No.115-232(2018)and 2 C.F.R.§§
200,216,200,327,200.471,and Appendix li to 2 C.F.R.Part 200.The statute-as It
applies to DHS recipients,subrecipients,and their contractors and subcontractors-
prohibits obligating or expending federal award funds on certain telecommunications and
video surveillance products and contracting with certain entities for national security
reasons.
Article 26 Limited English Proficiency(Civil Rights Act of 1964,Title VI)Recipients must
comply with Title VI of the Civil Rights Act of 1964(42 U.S.C.§2000d et seq.)prohibition
against discrimination on the basis of national origin,which requires that recipients of
federal financial assistance take reasonable steps to provide meaningful access to
persons with limited English proficiency(LEP)to their programs and services.For
additional assistance and Information regarding language access obligations,please
refer to the DHS Recipient Guidance:https://www.dhs.gov/guidance-published-help-
department-supported-organlzationsprovide-meaningful-access-people-limited and
additional resources on httpYlwww.lop.gov.
Article 27 Lobbying Prohibitions Recipients must comply with 31 U.S.C.§1352 and 6 C.F.R.
Part 9,which provide that none of the funds provided under a federal award may be
expended by the recipient to pay any person to Influence,or attempt to influence an officer
or employee of any agency,a Member of Congress,an 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.Per 6 C.F.R.Part 9,recipients must file a lobbying certification form as
• described In Appendix A to 6 C.F.R.Part 9 or available on Grants.gov as the Grants.gov
Lobbying Fomi and file a lobbying disclosure form as described In Appendix B to 6 C.F.R.
Part 9 or available on Grants.gov as the Disclosure of Lobbying Activities(SF-LLL).
Article 28 National Environmental Policy Act Recipients must comply with the requirements of
the National Environmental Policy Act of 1969,Pub.L.No.91-190(1970)(codified as
amended at 42 U.S.C.§4321 et seq.)(NEPA)and the Council on Environmental Quality
(CEQ)Regulations for Implementing the Procedural Provisions of NEPA,which require
recipients to use all practicable means within their authority,and consistent with other
essential considerations of national policy,to create and maintain conditions under which
people and nature can exist in productive harmony and fulfill the social,economic,and
other needs of present and future generations of Americans.
DHS-FEMA-HSGP-SHSP-FY25 Page 35 of 54 Mason County E26-342
Article 29 National Security Presidential Memorandum-33(NSPM-33)and provisions of the
CHIPS and Science Act of 2022,Pub.L.117-167,Section 10254(1)Recipient
research Institutions("covered institutions")must comply with the requirements in
NSPM-33 and provisions of Pub.L.1 17-167,Section 10254(codified at 42 U.S.C.§
18951)certifying that the institution has established and operates a research security
program that includes elements relating to:(a)cybersecurity;(b)foreign travel security;
(c)research security training;and(d)export control training,as appropriate.(2)
Definition."Covered institutions"means recipient research institutions receiving federal
Research and Development(R&D)science and engineering support"in excess of$50
million per year."
Article 30 Non-Supplanting Requirement Recipients of federal awards under programs that
prohibit supplanting by law must ensure that federal funds supplement but do not
supplant non-federal funds that,in the absence of such federal funds,would otherwise
have been made available for the same purpose.
Article 31 Notice of Funding Opportunity Requirements All the instructions,guidance,
limitations,scope of work,and other conditions set forth in the Notice of Funding
Opportunity(NOFO)for this federal award are incorporated by reference.All recipients
must comply with any such requirements set forth in the NOFO.If a condition of the
NOFO is inconsistent with these terms and conditions and any such terms of the federal
award,the condition in the NOFO shall be invalid to the extent of the inconsistency.The
remainder of that condition and all other conditions sot forth in the NOFO shall remain in
effect.
Article 32 Patents and Intellectual Property Rights Recipients are subject to the Rayh-Dole Act,
35 U.S.C.§200 et seq.and applicable regulations governing inventions and patents,
including the regulations Issued by the Department of Commerce at 37 C.F.R.Part 401
(Rights to Inventions Made by Nonprofit Organizations and Small Business Firms under
Government Awards,Contracts,and Cooperative Agreements)and the standard patent
rights clause set forth at 37 C.F.R.§401.14.
Article 33 Presidential Executive Orders Recipients must comply with the requirements of
Presidential Executive Orders related to grants(also known as federal assistance and
financial assistance),the full text of which are incorporated by reference.
Article 34 Procurement of Recovered Materials States,political subdivisions of states,and their
contractors must comply with Section 6002 of the Solid Waste Disposal Act,Pub.L.No.
89-272(1965)(codified as amended by the Resource Conservation and Recovery Act at
42 U.S.C.§6962)and 2 C.F.R.§200.323.The requirements of Section 6002 include
procuring only items 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 36 Rehabilitation Act of 1973 Recipients must comply with the requirements of Section
504 of the Rehabilitation Act of 1973,Pub.L.No.93-112(codified as amended at 29
U.S.C.§794),which provides that no otherwise qualified handicapped individuals in the
United States will,solely by reason of the handicap,be excluded from participation in,be
denied the benefits of,or be subjected to discrimination under any program or activity
receiving federal financial assistance.
Article 36 Reporting Recipient Integrity and Performance Matters If the total value of any
currently active grants,cooperative agreements,and procurement contracts from all
federal awarding agencies exceeds$10,000,000 for any period of time during the period
of performance of the federal award,then the recipient must comply with the
requirements sot forth in the government-wide federal award term and condition for
Recipient Integrity and Performance Matters is in 2 C.F.R.Part 200,Appendix XII,the full
text of which is incorporated by reference.
Article 37 Reporting Subawards and Executive Compensation For federal awards that total or
exceed$30,000,recipients are required to comply with the requirements set forth in the
government-wide federal award term and condition on Reporting Subawards and
Executive Compensation set forth at 2 C.F.R.Part 170,Appendix A,the full text of which
is incorporated by reference.
DHS-FEMA-HSGP-SHSP-FY25 Page 36 of 54 Mason County E26-342
Article 38 Required Use of American Iron,Steel,Manufactured Products,and Construction
Materials(1)Recipients of a federal award from a financial assistance program that
provides funding for Infrastructure are hereby notified that none of the funds provided
under this federal award may be used for a project for infrastructure unless:(a)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;(b)all manufactured products used in the project
are produced in the United States—this means the manufactured product was
manufactured in the United States;and the cost of the components of the manufactured
product that are mined,produced,or manufactured in the United States Is greater than
55 percent of the total cost of all components of the manufactured product,unless
another standard far determining the minimum amount of domestic content of the
manufactured product has been established under applicable law or regulation;and(c)
all construction materials are manufactured in the United States—this means that all
manufacturing processes for the construction material occurred in the United States.(2)
The Buy America preference only applies to articles,materials,and supplies that are
consumed In,incorporated into,or affixed to an infrastructure project.As such,It does not
apply to tools,equipment,and supplies,such as temporary scaffolding,brought to the
construction site and removed at or before the completion of the Infrastructure project.
Nor does a Buy America preference apply to equipment and furnishings,such as
movable chairs,desks,and portable computer equipment,that are used at or within the
finished infrastructure project but are not an integral part of the structure or permanently
affixed to the infrastructure project.(3)Waivers When necessary,recipients may apply
for,and the agency may grant,a waiver from these requirements.The agency should
notify the recipient for information on the process for requesting a waiver from those
requirements.(a)When the Federal agency has determined that one of the following
exceptions applies,the federal 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;(ii)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(iii)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.(b)A request to waive the application of the
domestic content procurement preference must be In writing,The agency will provide
Instructions an the format,contents,and supporting materials required for any waiver
request.Waiver requests are subject to public comment periods of no less than 15 days
and must be reviewed by the Made in America Office.(o)There may be Instances whore
a federal 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.(4)Definitions.The definitions applicable to this term are set forth at 2 C.F.R.
§184.3,the full text of which Is incorporated by reference.
Article 39 SAFECOM Recipients receiving federal 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 Intoroperable communications.The
SAFECOM Guidance is updated annually and can be found at Funding and Sustainment
j LISA.
Article 40 Subrecipient Monitoring and Management Pass-through entities must comply with
the requirements for subrecipient monitoring and management as set forth in 2 C.F.R.§§
200.331-333.
DHS-FEMA-HSGP-SHSP-FY25 Page 37 of 54 Mason County E26-342
Article 41 System for Award Management and Unique Entity Identifier Requirements
Recipients are required to comply with the requirements set forth in the governmentwide
federal award term and condition regarding the System for Award Management and
Unique Entity Identifier Requirements in 2 C.F.R.Part 25,Appendix A,the full text of
which is incorporated reference.
Article 42 Termination of a Federal Award(1)By 0EIS.OHS may terminate a federal award,in
whole or in part,for the following reasons:(a)If the recipient fails to comply with the terms
and conditions of the federal award;(b)With the consent of the recipient,in which case
the parties must agree upon the termination conditions,Including the effective date,and
In the case of partial termination,the portion to be terminated;or(c)Pursuant to the terms
and conditions of the federal award,Including,to the extent authorized bylaw,if the
federal award no longer effectuates the program goals or agency priorities.(3)By the
Recipient.The recipient may terminate the federal award,in whole or in part,by sending
written notification to OHS stating the reasons for such termination,the effective date,and
In the case of partial termination,the portion to be terminated.However,If OHS
determines that the remaining portion of the federal award will not accomplish the
purposes for which the federal award was made,OHS may terminate the federal award In
its entirety.(4)Notice.Either party will provide written notice of Intent to terminate for any
reason to the other party no less than 30 calendar days prior to the effective date of the
termination.(5)Compliance with Closeout Requirements for Terminated Awards.The
recipient must continue to comply with closeout requirements In 2 C.F.R.§§
200.344200.345 after an award Is terminated.
Article 43 Terrorist Financing Recipients must comply with Executive Order 13224 and
applicable statutory prohibitions on transactions with,and the provisions of resources and
support to,Individuals and organizations associated with terrorism.Recipients are legally
responsible for ensuring compliance with the Executive Order and laws.
Article 44 Trafficking Victims Protection Act of 2000(TVPA)Recipients must comply with the
requirements of the govemment-wide federal award term and condition which
implements Trafficking Victims Protection Act of 2000,Pub.L.No.109-386,§106
(codified as amended at 22 U.S.C.§7104).The federal award term and condition Is in 2
C.F.R.§175.105,the full text of which Is Incorporated by reference.
Article 45 Uniting and Strengthening America by Providing Appropriate Tools Required to
Intercept and Obstruct Terrorism(USA PATRIOT)Act of 2001,Pub.L.107-56
Recipients must comply with the requirements of Pub.L.107-56,Section 817 of the USA
PATRIOT Act,which amends 18 U.S.C.§§175-175c.
Article 46 Use of OHS Seal,Logo and Flags Recipients must obtain written permission from
OHS prior to using the OHS seals,logos,crests,or reproductions of flags,or likenesses
of OHS agency officials.This includes use of OHS component(e.g.,FEMA,CISA,etc.)
seals,logos,crests,or reproductions of flags,or likenesses of component officials.
Article 47 Whlstlebiower Protection Act Recipients must comply with the statutory requirements
for whistieblower protections in 10 U.S.C§470141 U.S.C.§4712.
DHS-FEMA-HSGP-SHSP-FY25 Page 38 of 54 Mason County E26-342
• Article 48 Environmental Planning and Historic Preservation(EHP)Review DHS/FEMA
funded activities that could have an impact on the environment are subject to the FEMA
EHP review process.This review does not address all federal,state,and local
requirements.Acceptance of federal funding requires the recipient to comply with all
federal,state,and local laws.DHS/FEMA Is required to consider the potential impacts to
natural and cultural resources of all projects funded by DHS/FEMA grant funds,through
its EHP review process,as mandated by:the National Environmental Policy Act;
Endangered Species Act;National Historic Preservation Act of 1966,as amended;Clean
Water Act;Clean Air Act;National Flood Insurance Program regulations;and any other
applicable laws,regulations and executive orders.General guidance for FEMA's EHP
process Is available on the DHS/FEMA Webolto.Specific applicant guidance on how to
submit Information for EHP review depends on the Individual grant program.Applicants
should contact their grant Program Officer to be put Into contact with EHP staff
responsible for assisting their specific grant program.The FEMA EHP review process
must be completed before funds are released to carry out the proposed project,
otherwise,DHS/FEMA may not be able to fund the project duo to noncompliance with
EHP laws,executive orders,regulations,and policies,DHS/FEMA may also need to
perform a project closeout review to ensure the applicant complied with all required EHP
conditions Identified In the initial review.If ground disturbing activities occur during
construction,the applicant will monitor the 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.EO 11988,
Floodplain Management,and EO 11990,Protection of Wetlands,require that all federal
actions In or affecting the floodplain or wetlands be reviewed for opportunities to relocate,
and be evaluated for social,economic,historical,environmental,legal,and safety
considerations.FEMA's regulations at 44 C.F.I .Part 9 implement the EOs and require
an eight-step review process If a proposed action is in a floodplain or wetland or has the
potential to affect or be affected by a floodplain or wetland.The regulation also requires
that the federal agency provide public notice of the proposed action at the earliest
possible time to provide the opportunity for public Involvement in the decision-making
process(44 C.F.I .§9.8).Where there Is no opportunity to relocate the federal action,
FEMA is required to undertake a detailed review to determine what measures can be
taken to minimize future damages to the floodplain or wetland.
Article 49 Applicability of OHS Standard Terms and CondItions to Tribal Nations The OHS
Standard Terms and Conditions are a restatement of general requirements Imposed
upon recipients and flow down to sub-recipients as a matter of law,regulation,or
executive order.If the requirement does not apply to Tribal Nations,or there is a federal
law or regulation exempting Its application to Tribal Nations,then the acceptance by
Tribal Nations,or acquiescence to OHS Standard Terms and Conditions does not
change or alter Its Inapplicability to a Tribal Nation.The execution of grant documents is
not intended to change,alter,amend,or impose additional liability or responsibility upon
the Tribal Nations where It does not already exist.
Article 50 Acceptance of Post Award Changes in the event FEMA determines that an error in
the award package has been made,or if an administrative change must be made to the
award package,recipients will be notified of the change In writing.Once the notification
has been made,any subsequent requests for funds will indicate recipient acceptance of
the changes to the award.Please email FEMA Grant Management Operations at:ASK-
GMD@fema.dhs.gov for any questions.
DHS-FEMA-HSGP-SHSP-FY25 Page 39 of 54 Mason County E26-342
Article 51 Disposition of Equipment Acquired Under the Federal Award When original or
replacement equipment acquired under this award Is no longer needed for the original
project or program or for other activities currently or previously supported by a federal
awarding agency,the non-state recipient or subreciplent(including subrecipients of a
State or Tribal Nation),must request Instructions from FEMA to make proper disposition
of the equipment pursuant to 2 C.F.R.section 200.313(e).State recipients must follow
the disposition requirements In accordance with State laws and procedures.2 C.F.R.
section 200.313(b).Tribal Nations must follow the disposition requirements in
accordance with Tribal laws and procedures noted In 2 C.F.R.section 200.313(b);and If
such laws and procedures do not exist,then Tribal Nations must follow the disposition
Instructions In 2 C.F.R.section 200.313(e).
Article 52 Prior Approval for Modification of Approved Budget Before making any change to
the FEMA approved budget for this award,a written request must be submitted and
approved by FEMA as required by 2 C.F.R.section 200.308.For purposes of non-
construction projects,FEMA is utilizing Its discretion to Impose an additional restriction
under 2 C.F.R.section 200.308(1)regarding the transfer of funds among direct cost
categories,programs,functions,or activities.For awards with an approved budget where
the federal share Is greater than the simplified acquisition threshold(currently$250,000)
and where the cumulative amount of such transfers exceeds or Is expected to exceed ton
percent(100x)of the total budget FEMA last approved,transferring funds among direct
cost categories,programs,functions,or activities is unallowable without prior written
approval from FEMA.For purposes of awards that support both construction and non-
construction work,2 C.F.R.section 200.308((f)(9)requires the recipient to obtain prior
written approval from FEMA before making any fund or budget transfers between the two
types of work.Any deviations from a FEMA approved budget must be reported In the first
Federal Financial Report(SF-425)that Is submitted following any budget deviation,
regardless of whether the budget deviation requires prior written approval.
Article 53 Indirect Cost Rate 2 C.F.R.section 200.211(b)(16)requires the terms of the award to
Include the Indirect cost rate for the federal award,If applicable,the indirect cost rate for
the award is stated in the budget documents or other materials approved by FEMA and
included in the award file.
Article 54 Bulid America,Buy America Act(BABAA)Required Contract Provision&Self-
Certification In addition to the DHS Standard Terms&Conditions regarding Required
Use of American Iron,Steel,Manufactured Products,and Construction Materials,
recipients and subrecipients of FEMA financial assistance for programs that are subject
to BABAA must Include a Buy America preference contract provision as noted in 2 C.F.R.
section 184.4 and a self-certification as required by the FEMA Buy America Preference in
FEMA Financial Assistance Programs for infrastructure(FEMA Interim Policy#207-22-
0001).This requirement applies to all subawards,contracts,and purchase orders for
work performed,or products supplied under the FEMA award subject to BABAA.
Article 55 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 Analysis(THIRA)or Stakeholder Preparedness Review(SPA)or
sustains existing capabilities as applicable.The capability gap reduction or capability
sustainment must be addressed in the Project Description of the BSIR for each project.
DHS-FEMA-HSGP-SHSP-FY25 Page 40 of 54 Mason County E26-342
Article 56 HSCP 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 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 57 This article has been removed
Article 58 Operation Stonegarden Program Hold The recipient Is prohibited from drawing down
OPSG funding under this award or reimbursing OPSG subreclplents of this award until
each unique,specific,or modified county level,tribal,or equivalent Operations Order or
Fragmentary Order(FRAGO)has been reviewed by FEMA/GPD and Customs and
Border Protection/United States Border Patrol(CBP/USBP).The recipient will receive the
official notification of approval from FEMA/GPD.
Article 59 Non-Applicability of Specific Agreement Articles Notwithstanding Its Inclusion In this
award package,the following Agreement Article does not apply to this grant award:1.
Termination of a Federal Award.This provision is consistent with any terms of the Notice
of Funding Opportunity that state Paragraph C.XL(Termination of a Federal Award)of
the FY 2025 DHS Standard Terms and Conditions does not apply to this award.Refer to
the Notice of Funding Opportunity for the terms governing award termination.
j Article 60 Period of Performance and Budget Period Notwithstanding language In the
Obligating Document or In the other terms of this award package,the Period of
Performance and the Budget Period for this grant award is October 1,2025 to
September 80,2026.The Period of Performance and Budget Period stated In the
Obligating Document shall not apply.
DHS-FEMA-HSGP-SHSP-FY25 Page 41 of 54 Mason County E26-342
Article 61 State Homeland Security Program:Compliance with Federal Immigration Law
The following term applies to State Homeland Security Program funding under this
award:1.Prohibition a.The state,territorial,or local recipient Is prohibited from being
designated by the Department of Homeland Security or the Department of Justice as a
sanctuary jurisdiction.If the Department of Homeland Security or Department of Justice
designates a state or territory as a sanctuary jurisdiction after the Department of
Homeland Security makes a grant award,the state or territorial recipient Is prohibited
from making any financial obligations under the grant award on or after the date of
designation until the Department of Homeland Security removes that designation.The
Department of Homeland Security will suspend that portion of the grant award supported
by risk-based funding and not make payments to the state or territorial recipient on or
after the date of designation until the Department of Homeland Security or Department of
Justice removes that designation.This term and condition applies to the funding provided
under the relative risk methodology pursuant to Section 2007 of the Homeland Security
Act of 2002(6 U.S.C.§608)and does not apply to the minimum allocation to that state or
territory required by Section 2004(e)of the Homeland Security Act of 2002(6 U.S.C.§
805(e)).b.The state,territorial,or local recipient is prohibited from making subawards to
a state,territorial,or local government that the Department of Homeland Security or
Department of Justice has designated as a sanctuary jurisdiction.If the Department of
Homeland Security or Department of Justice designates a state,territorial,or local
government as a sanctuary jurisdiction after the state,territorial,or local government
recipient makes a subaward to that state,territorial,or local government,the state,
territorial,or local recipient must suspend the subaward,the state,territorial,or local
recipient must not make any additional payments to the state,territorial,or local
government,and the state,territorial,or local government is prohibited from making any —
financial obligations under the subaward on and after the date of designation until the
Department of Homeland Security or Department of Justice removes that designation.
This term and condition applies to all funding provided to the state or territorial recipient,
Including both the statutory minimum as well as risk-based funding allocations.c.The
Department of Homeland Security designates a state,territory,or local government as a
sanctuary jurisdiction if it falls to comply with that requirements sot forth in paragraphs
2.a.l to v of this term and condition.2.Certification a.The state,territorial or local recipient
and subrecipients must certify under penalty of perjury pursuant to 28 U.S.C.§1746,and
using a form that Is acceptable to the Department of Homeland Security,that they will
comply with the following requirements related to coordination and cooperation with the
Department of Homeland Security and immigration officials:i.They will comply with the
requirements of 8 U.S.C.§§1373 and 1644.These statutes prohibit restrictions on
information sharing by state and local government entities with the Department of
Homeland Security regarding the citizenship or immigration status,lawful or unlawful,of
any individual.Additionally,8 U.S.C.§1373 prohibits any person or agency from
prohibiting,or in any way restricting,a Federal,state,or local government entity from
doing any of the following with respect to Information regarding the immigration status of
any individual:(1)sending such Information to,or requesting or receiving such
Information from,Federal Immigration officials;(2)maintaining such Information;or(3)
exchanging such information with any other Federal,state,or local government entity.ii.
They will comply with other relevant laws related to Immigration,including prohibitions on
encouraging or inducing an alien to come to,enter,or reside in the United States in
violation of law,8 U.S.C.§1324(a)(1)(A)(iv),prohibitions on transporting or moving
Illegal aliens,8 U.S.C.§1324(a)(1)(A)(Ii),prohibitions on harboring,concealing,or
shielding from detection illegal aliens,8 U.S.C.§1324(a)(1)(A)(lli),and any applicable
conspiracy,aiding or abetting,or attempt liability regarding these statutes,Ili.They will
honor requests for cooperation,such as participating in joint operations,sharing of
information,or requests for short term detention of an alien pursuant to a valid detainer.A
jurisdiction does not fail to comply with this requirement merely because it lacks the
necessary resources to assist in a particular Instance.iv.They will provide access to
detainees,such as when an Immigration officer seeks to Interview a person who might be
a removable alien.v.They will not leak or otherwise publicize the existence of an
Immigration enforcement operation.b.The state or territorial recipient must require a
state,territorial,or local government subrocipient to make the certification above before
providing them with any funding under the subaward.3.Materiality and Remedies for
Noncompliance This term and condition is material to the Department of Homeland
Security's decision to continue with this grant award and the Department of Homeland
Security may take any remedy for noncompliance,including termination,lithe state or
territorial recipient or a local government subreciplent falls to comply with this term and
condition.
DHS-FEMA-HSGP-SHSP-FY25 Page 42 of 54 Mason County E26-342
Article 62 State Homeland Security Program:Non-Applicability of Specific Terms and
Agreement Articles The following term applies to State Homeland Security Program
funding under this award:Notwithstanding their inclusion in this award package,the
following terms and Agreement Articles do not apply to this grant award:(1)paragraph
C.IX(Communication and Cooperation with the Department of Homeland Security and
Immigration Officials)of the DHS Standard Terms and Conditions and the Agreement
Article titled"Communication and Cooperation with the Department of Homeland Security
and Immigration Officials"in this award package;and(2)paragraph C.XVII(2)(a)(iii)
(Anti-Discrimination Grant Award Certification regarding immigration)of the DHS
Standard Terms and Conditions and paragraph(2)(a)(iil)of the Agreement Article titled
"Anti-Discrimination"in this award package.
Article 63 State Homeland Security Program:impact of San Francisco v.Trump
Preliminary Injunction The following term applies to State Homeland Security Program
funding under this award:Pursuant to the preliminary Injunction order issued on August
22,2025,in City and County of San Francisco,et al.v.Trump,et al,No.3:25-cv-01351
(N.D.Cal.),the following terms and conditions do not apply to awards or subawards
Issued to any of the plaintiffs subject to the preliminary injunction order while the order
remains 1n effect:(1)paragraph C.IX(Communication and Cooperation with the
Department of Homeland Security and Immigration Officials)of the DHS Standard Terms
and Conditions and the Agreement Article titled"'Communication and Cooperation with
the Department of Homeland Security and Immigration Officials"in this award package;
(2)paragraph C.XVII(2)(a)(iii)(Anti-Discrimination Grant Award Certification regarding
Immigration)of the DHS Standard Terms and Conditions and paragraph(2)(a)(iil)of the
Agreement Article titled"Anti-Discrimination"in this award package;and(3)the'"State
Homeland Security Program:Compliance with Federal Immigration Law"Agreement
Article.If the preliminary injunction is stayed,vacated,or extinguished,the"State
Homeland Security Program:Compliance with Federal Immigration Law"Agreement
Article will immediately become effective.
Article 64 State Homeland Security Program:Impact of State of Illinois v.FEMMA Injunction
Pursuant to the memorandum and order issued on September 24,2025,In State of
Illinois,at al.v.Federal Emergency Management Agency,et.al,No.25-206(D.R.I.),the
following terms and conditions do not apply to awards or subawards Issued to any of the
plaintiffs subject to the injunction order while the order remains in effect:(1)paragraph
C.IX(Communication and Cooperation with the Department of Homeland Security and
Immigration Officials)of the DHS Standard Terms and Conditions and the Agreement
Article titled"Communication and Cooperation with the Department of Homeland Security
and Immigration Officials"in this award package;(2)paragraph C.XVII(2)(a)(iii)(Anti-
Discrimination Grant Award Certification regarding immigration)of the DHS Standard
Terms and Conditions and paragraph(2)(a)(iii)of the Agreement Article titled"Anti-
Discrimination"in this award package;and(3)the"State Homeland Security Program:
Compliance with Federal Immigration Law"Agreement Article.If the injunction is stayed,
vacated,or extinguished,the"State Homeland Security Program:Compliance with
Federal Immigration Law"Agreement Article will immediately become effective.
DHS-FEMA-HSGP-SHSP-FY25 Page 43 of 54 Mason County E26-342
Article 65 Urban Area Security Initiative:Compliance with Federal Immigration Law The
following term applies to Urban Area Security Initiative funding under this award:1.
Prohibition a.The state,territorial,or local government recipient is prohibited from being
designated by the Department of Homeland Security or Department of Justice as a
sanctuary jurisdiction.If the Department of Homeland Security or Department of Justice
designates the state,territory,or local government as a sanctuary jurisdiction after the
Department of Homeland Security has made the grant award,the state,territorial,or local
government recipient Is prohibited from making any financial obligations under the grant
award on or after the date of designation until the Department of Homeland Security or
Department of Justice removes that designation.The Department of Homeland Security
will suspend the grant award and not make payments to the state,local,or territorial
recipient on or after the date of designation until the Department of Homeland Security or
Department of Justice removes that designation.b.The state,local,or territorial recipient
Is prohibited from making subawards to a state,local,or territorial government that the
Department of Homeland Security or Department of Justice has designated as sanctuary
jurisdiction.If the Department of Homeland Security or Department of Justice designates
a state,local,or territorial government as a sanctuary jurisdiction after the recipient
makes a subaward,the recipient must suspend the subaward,the recipient must not
make any additional payments to the subreclplent,and the subreciplent Is prohibited from
making any financial obligations under the subaward on and after the date of designation
until the Department of Homeland Security or Department of Justice removes that
designation.c.The Department of Homeland Security designates a state,territory,or
local government as a sanctuary jurisdiction If it falls to comply with that requirements sot
forth in paragraphs 2.a.I to v of this term and condition.2,Certification a.The state,
territorial or local recipient and subreciplents must certify under penalty of perjury
pursuant to 28 U.S.C.§1746,and using a form that Is acceptable to the Department of
Homeland Security,that they will comply with the following requirements related to
coordination and cooperation with the Department of Homeland Security and Immigration
officials:I.They will comply with the requirements of 8 U.S.C.§§1373 and 1644.These
statutes prohibit restrictions on Information sharing by state and local government entities
with the Department of Homeland Security regarding the citizenship or Immigration
status,lawful or unlawful,of any Individual.Additionally,8 U.S.G.§1373 prohibits any
person or agency from prohibiting,or in any way restricting,a Federal,state,or local
government entity from doing any of the following with respect to information regarding
the immigration status of any individual:(1)sending such Information to,or requesting or
receiving such Information from,Federal Immigration officials;(2)maintaining such
Information;or(3)exchanging such information with any other Federal,state,or local
government entity.II.They will comply with other relevant laws related to Immigration,
Including prohibitions on encouraging or Inducing an alien to come to,enter,or reside in
the United States In violation of law,8 U.S.C.§1324(a)(1)(A)(iv),prohibitions on
transporting or moving illegal aliens,8 U.S.C.§1324(a)(1)(A)(il),prohibitions on
harboring,concealing,or shielding from detection Illegal aliens,8 U.S.C.§1324(a)(1)(A)
(iii),and any applicable conspiracy,aiding or abetting,or attempt liability regarding these
statutes.iii.They will honor requests for cooperation,such as participating In joint
operations,sharing of Information,or requests for short term detention of an alien
pursuant to a valid detainer.A jurisdiction does not fall to comply with this requirement
merely because It lacks the necessary resources to assist In a particular Instance.iv.
They will provide access to detainees,such as when an Immigration officer seeks to
Interview a person who might be a removable alien.v.They will not leak or otherwise
publicize the existence of an Immigration enforcement operation.b.The state or territorial
recipient must require a state,territorial,or local government subrecipient to make the
certification above before providing them with any funding under the subaward.
DHS-FEMA-HSGP-SHSP-FY25 Page 44 of 54 Mason County E26-342
Article 66 Urban Area Security Initiative:Non-Applicability of Specific Terms and
Agreement Articles The following term applies to Urban Area Security Initiative funding
under this award:Notwithstanding their inclusion In this award package,the following
terms and Agreement Articles do not apply to this grant award:(1)paragraph C.iX
(Communication and Cooperation with the Department of Homeland Security and
Immigration Officials)of the DHS Standard Terms and Conditions and the Agreement
Article titled"Communication and Cooperation with the Department of Homeland Security
and Immigration Officials'"in this award package;and(2)paragraph C.XVII(2)(a)(iii)
(Anti-Discrimination Grant Award Certification regarding immigration)of the DHS
Standard Terms and Conditions and paragraph(2)(a)(iii)of the Agreement Article titled
"Anti-Discrimination"in this award package.
Article 67 Urban Area Security Initiative:Impact of San Francisco v.Trump Preliminary
Injunction The following term applies to Urban Area Security Initiative funding under this
award:Pursuant to the preliminary injunction order issued on August 22,2025,in City
and County of San Francisco,et al.V.Trump,et al.,No.3:25•cv-01350(N.D.Cal.),the
following terms and conditions do not apply to awards or subawards Issued to any of the
plaintiffs subject to the preliminary Injunction order while the order remains in effect:(1)
paragraph C.IX(Communication and Cooperation with the Department of Homeland i
Security and Immigration Officials)of the DHS Standard Terms and Conditions and the
Agreement Article titled"Communication and Cooperation with the Department of
Homeland Security and Immigration Officials"In this award package;(2)paragraph
C.XVII(2)(a)(lii)(Anti-Discrimination Grant Award Certification regarding immigration)of
the DHS Standard Terms and Conditions and paragraph(2)(a)(lii)of the Agreement
Article titled"Anti-Discrimination"in this award package;and(3)the"Urban Area
Security Initiative:Compliance with Federal Immigration Law"Agreement Article.if the
preliminary injunction is stayed,vacated,or extinguished,the"Urban Area Security
Initiative;Compliance with Federal Immigration Law"Agreement Article will immediately
become effective.
Article 68 Urban Area Security Initiative:Impact of State of Illinois v.FEMA Injunction The
Illj following term applies to Urban Area Security Initiative funding under this award:
Pursuant to the memorandum and order issued on September 24,2025,in State of
Illinois,et al.v.Federal Emergency Management Agency,et.al,No.25-206(D.R.I.),the
following terms and conditions do not apply to awards or subawards Issued to any of the
plaintiffs subject to the Injunction order while the order remains in effect:(1)paragraph
C,IX(Communication and Cooperation with the Department of Homeland Security and
Immigration Officials)of the DHS Standard Terms and Conditions and the Agreement
Article titled"Communication and Cooperation with the Department of Homeland Security
and Immigration Officials"In this award package;(2)paragraph C.XVII(2)(a)(ili)(Anti-
Discrimination Grant Award Certification regarding immigration)of the DHS Standard
Terms and Conditions and paragraph(2)(a)(lii)of the Agreement Article titled"Anti-
Discrimination"in this award package;and(3)the"Urban Area Security Initiative:
Compliance with Federal Immigration Law"Agreement Article.If the Injunction is stayed,
vacated,or extinguished,the"Urban Area Security Initiative:Compliance with Federal
Immigration Law"Agreement Article will immediately become effective.
DHS-FEMA-HSGP-SHSP-FY25 Page 45 of 54 Mason County E26-342
Article 69 Operation Stonegarden:Non-Applicability of Specific Terms and Agreement
Articles The following term applies to Operation Stonegarden funding under this award.
Notwithstanding their inclusion in this award package,the following terms and Agreement
Articles do not apply to this grant award:(1)paragraph C.IX(Communication and
Cooperation with the Department of Homeland Security and Immigration Officials)of the
DHS Standard Terms and Conditions and the Agreement Article titled"Communication
and Cooperation with the Department of Homeland Security and Immigration Officials"in
this award package;and(2)paragraph C.XViI(2)(a)(iii)(Anti-Discrimination Grant Award
Certification regarding immigration)of the DHS Standard Terms and Conditions and
paragraph(2)(a)(ili)of the Agreement Article titled"Anti-Discrimination"in this award
package.
Article 70 Summary Description of Award and Subprograms The purpose of the FY 2025
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,
sustainment,and delivery of those 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$4,362,750,Urban Area Security Initiative(UASI)
funding in the amount of$11,782,120 Seattle-Tacoma-Bellevue Urban Area,and
Operation Stonogarden(OPSG)funding In the amount of$1,435,000.
Article 71 State Homeland Security Program:Rescission of Agreement Articles Pursuant
to State of Illinois,at al.v.FEMA,at al.In accordance with the U.S.District Court for
the District of Rhode Island's Order in State of Illinois,at al.v.FEMA,at al.,No.26.206
(D.R.I.),dated October 14,2025,and FEMA Information Bulletin No.538,the following
terms and conditions are rescinded with respect to the State Homeland Security Program
funding under this award:
1.Paragraph C,IX(Communication and Cooperation with the Department of Homeland
Security and Immigration Officials)of the DHS Standard Terms and Conditions,
2.Paragraph C.XVII(2)(a)Qii)(Anti-Discrimination Grant Award Certification regarding
Immigration)of the DHS Standard Terms and Conditions.
3.The"Communication and Cooperation with the Department of Homeland Security and
Immigration Officials"Agreement Article.
4.Paragraph(2)(a)(Ili)of the Agreement Article titled"Anti-Discrimination".
5.The"State Homeland Security Program:Compliance with Federal Immigration Law"
Agreement Article.
6.The"State Homeland Security Program:Impact of State of Illinois v.FEMA Injunction"
Agreement Article.
7.The"State Homeland Security Program:Impact of San Francisco v.Trump Preliminary
Injunction"Agreement Article,
DHS-FEMA-HSGP-SHSP-FY25 Page 46 of 54 Mason County E26-342
Article 72 Urban Area Security Initiative:Rescission of Agreement Articles Pursuant to
State of Illinois,at of.v.FEMA,at al.In accordance with the U.S.District Court for the
District of Rhode island's Order In State of Illinois,et al.v.FEMA,et al.,No.25-206(D.
R.I.),dated October 14,2025,and FEMA Information Bulletin No.538,the following
terms and conditions are rescinded with respect to the Urban Area Security Initiative
funding under this award:
1.Paragraph C.IX(Communication and Cooperation with the Department of Homeland
Security and Immigration Officials)of the OHS Standard Temis and Conditions.
2.Paragraph C.XVII(2)(a)(iii)(Anti-Discrimination Grant Award Certification regarding
immigration)of the OHS Standard Terms and Conditions.
3.The"Communication and Cooperation with the Department of Homeland Security and
Immigration Officials"Agreement Article.
4.Paragraph(2)(a)(iit)of the Agreement Article titled"Anti-Discrimination".
5.The"Urban Area Security Initiative:Compliance with Federal Immigration Law"
Agreement Article.
6.The"Urban Area Security Initiative:Impact of State of Illinois v.FEMA Injunction"
Agreement Article.
7.The"Urban Area Security Initiative:Impact of San Francisco V.Trump Preliminary
Injunction"Agreement Article.
Article 73 Amended Award Amount Pursuant to State of Illinois,at al.V.Kristl Noem,at al.
(D.RI).Pursuant to the Permanent Injunction Order issued by the U.S.District Court for
the District of Rhode Island in State of Illinois,et al.v.Kristi Noem,et al.,No.1:25-cv-
00496,dated December 22,2025,and Information Bulletin(18)540,the amount of
funding awarded by this Fiscal Year 2025 Homeland Security Grant Program(HSGP)
grant has been amended to reflect the amount set forth In the Notice of Funding
Opportunity dated August 1,2025.Further,the"Summary Description of Award and
Subprograms"Is amended to read as follows:The purpose of the FY 2025 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 OHS Quadrennial Homeland Security Review,HSGP
supports the goal to Strengthen National Preparedness and Resilience.The building,
sustainment,and delivery of these core capabilities are not exclusive to any single level of
government,organization,or community,but rather,require the combined effort of the
whole community.This HSGP award consists of State Homeland Security Program
(SHSP)funding In the amount of$5,483,241,Urban Area Security Initiative(UASi)
funding in the amount of$12,713,580 Seattle-Tacoma-Bellevue Urban Area,and
Operation Stonegarden(OPSG)funding in the amount of$1,435,000.
( Article 74 Amended Period of Performance and Budget Period Pursuant to State of
Illinois,at of.V.Kristi Noem,at al.(D.Rl)and State of Michigan et al.v.Kristi
Noem at al.(D.OR).Pursuant to the Permanent Injunction Order Issued by the U.S.
District Court for the District of Rhode Island in State of Illinois,et al.v.Kristi Noem,et al.,
No.1:25-cv-00495,dated December 22,2025 and the Permanent Injunction Order +(
issued by the U.S.District Court for the District of Oregon in State of Michigan,et al.v.
Kristi Noem et al.,No 6:25-cv-02053-AP,dated December 23,2025,the Agreement
Article titled"Period of Performance and Budget Period")of your award package is
rescinded.The new Period of Performance and Budget Period for this award is
September 1,2025 to August 31,2028.
Article 75 National Priority Area Program Hold(30%)Consistent with the FY 2025 HSGP
NOFO,the recipient is prohibited from drawing down funding for projects needed to meet
the 30%minimum spending requirements for National Priority Areas under this award
until each project Is reviewed by FEMA/GPD to determine effectiveness.Per 18550,the
45-day pass through period will not begin for these funds until this hold is lifted.
Article 76 Law Enforcement Terrorism Prevention Activities Program Hold(35%)Consistent
with the FY 2025 HSGP NOFO,the recipient is prohibited from drawing down funding for
projects needed to meet the 35%minimum allocation requirements for Law Enforcement
Terrorism Prevention Program Activities(LETPA)under this award until each project Is
reviewed by FEMA/GPD to determine alignment with LETPA requirements.Per IB 550,
the 45-day pass through period will not begin for these funds until this hold is lifted.
DHS-FEMA-HSGP-SHSP-FY25 Page 47 of 54 Mason County E26-342
Obligating document
1.Agreement 2. 3.Recipient 4.Type of 5.Control No.
No. Amendment No. Action WX04775N2025T,
EMW-2025- No. 916001095 AMENDMENT WX04777N2025T,
SS-05030 1 WX04778N2025T
6. Recipient Name and Address 7.Issuing FEMA Office I. Payment Office end
MILITARY DEPARTMENT, and Address ddress
WASHINGTON STATE Grant Programs Directorate FEMA, Financial
CAMP MURRY BUILDING 1 500 C Street,S.W. Services Branch
CAMP MURRAY,WA 98430 Washington DC,20528-7000lashington
0 C Street,S.W.,
1-866-927-5646 oom 723
DC,20742
9. Name of Recipient 9a.Phone 10. Name of FEMA Project 10a. Phone
Project Officer No. Coordinator No.
Gall Cram 253- Homeland Security Grant Program 1-877-585-
5127472 Grant Pr ram 3242
12. Method of 13.Assistance 14.Performance
Payment Arrangement Period
11.Effective Date of 09/01/2025 to
This Action OTHER-FEMA COST 08/31/2028
05/26/2026 GO REIMBURSEMENT Budget Period
09/01/2025 to
08/31/2028
15. Descri flan of Action a.(Indicate funding date for awards or financial chap es)
Accounting Amount
Program Assistance Date Prior Total Awarded Current Total Cumulative
Name Listing Na. (ACCS Award This Award Non-Federal
Abbreviation Code) Action+ Commitment
or()
2025-FA-
HSGP 97.067 GG01 -P410-xxxx-
$5,483,241.00 0.00 $5,483,241.00 See Totals
4101-D
2025-FA-
HSGP 97.067 GH01 -P410-xxxx-
$12,713,580.00$0.00 $12,713,580.00 See Totals
4101-D
2025-FA-
HSGP 97.067 GG02-P410-xxxx-
$1,435,000.00 $0.00 $1,435,000.00 See Totals
4101-D
_ Totals$19,631,821.00$0.00 $19,631,821.00$0.00_
b.To describe changes other than funding data or financial changes,attach schedule
and check here:
N/A
WQRAMSN4URN
THfiE-(3)COPtESOF-THIS-DQUM€NTTO-FEMA-(See-Riock.74otaddress3
This field Is not applicable for digitally signed grant agreements
T- 'rl `rNA nd-T-ltt!
(Recipients are not required to sign and return copies of this document.However,recipients
should keep a copy of this documents for their records.)
18. FEMA SIGNATORY OFFICIAL(Name and Title)
DATE
David Gudinas,Deputy Assistant Administrator(Acting)Grant Programs
01/30/2026
Directorate N Resilience
DHS-FEMA-HSGP-SHSP-FY25 Page 48 of 54 Mason County E26-342
Attachment D-1
25SHSP ENDURING SECURITY NEEDS (EN) Work Plan
Mason County Emergency Management
SHSP Enduring Security Needs (EN)
The State is divided into nine Homeland Security (HLS) Regions which differ in geography (marine to
desert), major industry (large business to agricultural), and population (dense urban settings to rural). Each
region develops projects to address their specific risks and hazards which sustain previously built
capabilities or to close identified gaps.
The HLS Regions have identified several key investments that support core capabilities through Planning,
Organization, Equipment, Training, and Exercise activities with a focus to effectively build, sustain, and
deliver capabilities necessary to prevent, prepare for, protect against, and respond to acts of terrorism. The
specific core capabilities and what the investments will deliver are outlined under each project description.
This investment was developed in alignment with the FY 2025 Homeland Security Grant Program Notice of
Funding Opportunity, relevant FEMA guidance, the Washington State Threat and Hazard Identification and
Risk Assessment (THIRA) and Stakeholder Preparedness Review (SPR), as well as applicable state and
local strategic plans.
All funding to support emergency communications investments will comply with the SAFECOM Guidance on
Emergency Communications Grants (SAFECOM Guidance) to ensure that federally funded investments are
compatible, interoperable, resilient, and support national goals and objectives for improving emergency
communications.
ENDURING NEEDS PROJECT:
SHSP EN: Region 3—Homeland Security Project
This regional investment funds salaries, benefits, travel, planning support costs, equipment, and training and
exercise support costs.
Homeland Security (HLS) Region 3 (R3) is comprised of Grays Harbor, Lewis, Mason, Pacific, and Thurston
counties.
Focus areas include:
(1) Regional training and exercises to support HLS Region 3 efforts
(2) Special teams' equipment and accessories
(3) EOC operations and readiness[GC12.1][WS(12.2]
(4) Interoperable communications and amateur radio equipment
(5) Target hardening measures
(6) Cybersecurity measures
(7) Medical related supplies[
Activities may include:
- Conduct workshop, seminar, functional, and/or full-scale exercises within R3
- Adress and update R3 planning gaps, including integrated preparedness planning
- Submit Environmental & Historic Preservation (EHP) waiver requests as required
- Procure and install equipment
- Train users on equipment use
Planned equipment meet HSGP's LETPA requirement because PPE is articled in IB 485 and the FY 2007
Law Enforcement Terrorism Prevention Program Guidance.
DHS-FEMA-HSGP-SHSP-FY25 Page 49 of 54 Mason County E26-342
This project sustains and enhances the core capabilities of Planning, Mass Search & Rescue Operations,
Operational Coordination, Operational Communications, Physical Protective Measures, Cybersecurity, On-
scene Security, Protection, & Law Enforcement, and Public Health, Healthcare, and Emergency Medical
Services. The core capability gaps from the State SPR that will be addressed are
- Lack of funds to support planning
- Lack of communication equipment, coordination equipment, stabilization equipment, surveillance
equipment, the lack of or inadequate cyber security tools and technologies, and the lack of mass casualty
equipment.
The State SPR "Approaches for Addressing Capability Gaps and Sustainment Needs" identified the following
ways to address the identified gaps:
- Developing inter-agency partnerships and establishing dedicated planners
- Purchasing necessary equipment to enhance technological capabilities, law enforcement capabilities,
special teams' capabilities, emergency communication capabilities, redundant communications, monitoring
and detection capabilities, and purchasing mass casualty equipment.
SUBPRQJECTS (SP):;
SP #1 Mason County-Interoperable Communications
SOLUTION AREA
PLANNING ORGANIZATION EQUIPMENT TRAINING EXERCISE TOTAL
$0.00 $0.00 $19,508.00 $0.00 $0.00 $19,508.00
CORE CAPABILITY BEING ADDRESSED
Operational Communications
Project Overview
This project funds interoperable communications equipment and capabilities that improve the reliability,
resilience, and interoperability of communications among emergency management and response agencies.
Enhanced communications support effective coordination, information sharing, and operational response
during terrorism-related incidents and other emergencies.
NEXUS TO TERRORISM
Terrorism incidents require rapid, coordinated response among multiple agencies and jurisdictions. This
project improves interoperable communications capabilities that enable responders to share critical
information, maintain situational awareness, coordinate resources, and operate effectively during terrorism-
related incidents. Enhanced communications directly support the prevention, protection, and response
missions associated with acts of terrorism.
ACTIVITIES TO BE PERFORMED
- Solicit quotes
- Purchase equipment
- Install equipment as applicable
DESIRED OUTCOMES
Agencies will be able to communicate seamlessly across disciplines during terrorism-related incidents,
improving coordination, information sharing, situational awareness, responder safety, and overall operational
effectiveness.
DHS-FEMA-HSGP-SHSP-FY25 Page 50 of 54 Mason County E26-342
Attachment D-2
The Subrecipient has not been allocated National Priority Project funding under this Agreement, so there is no
associated Work Plan.
DHS-FEMA-HSGP-SHSP-FY25 Page 51 of 54 Mason County E26-342
Attachment F
25SHSP TIMELINE
Mason County Emergency Management
DATE TASK
September 1, 2025 Grant Agreement start date
September 1, 2026 Estimated date work scheduled
September 1, 2027 Grant Agreement end date
October 16, 2027 Submit Final Reimbursement Request & Closeout Report
HSGP Performance Period: September 1, 2025 to August 31, 2028
DHS-FEMA-HSGP-SHSP-FY25 Page 53 of 54 Mason County E26-342
Attachment G
BUILD AMERICA, BUY AMERICA ACT SELF-CERTIFICATION
The undersigned certifies, to the best of their knowledge and belief, that:
The Build America, Buy America Act (BABAA) requires that no federal financial assistance for"infrastructure"
projects is provided "unless all of the iron, steel, manufactured products, and construction materials used in the
project are produced in the United States." Section 70914 of Public Law No. 117-58, §§ 70901-52.
The undersigned certifies that for the Insert Project Name and Location that the iron, steel, manufactured
products, and construction materials used in this contract are in full compliance with the BABAA requirements
including:
1. All iron and steel used in the project are produced in the United States. This means all manufacturing
processes, from the initial melting stage through the application of coatings, occurred in the United States.
2. All manufactured products purchased with FEMA financial assistance must be produced in the United
States. For a manufactured product to be considered produced in the United States, the cost of the
components of the manufactured product that are mined, produced, or manufactured in the United States
is greater than 55% of the total cost of all components of the manufactured product, unless another
standard for determining the minimum amount of domestic content of the manufactured product has been
established under applicable law or regulation.
3. All construction materials are manufactured in the United States. This means that all manufacturing
processes for the construction material occurred in the United States.
"The [Contractor or Subcontractor], , certifies or affirms the truthfulness and
accuracy of each statement of its certification and disclosure, if any. In addition, the[Contractor or
Subcontractor] understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for
False Claims and Statements, apply to this certification and disclosure, if any."
Signature of[Contractor's or Subcontractor's]Authorized Official
Enter Name and Title
Name and Title of[Contractor's or Subcontractor's]Authorized Official
DHS-FEMA-HSGP-SHSP-FY25 Page 54 of 54 Mason County E26-342
SIGNATURE AUTHORIZATION FORM (SAF)
WASHINGTON MILITARY DEPARTMENT
Camp Murray, Washington 98430-5122
Please read instructions on page 2 before completing this form.
NAME OF ORGANIZATION DATE SUBMITTED
Mason County Division of Emergency Management 6/30/2026
GRANT PROGRAM -Acronyms Accepted AGREEMENT NUMBER(S)
25 SHSP E26-342
1. AUTHORIZING AUTHORITY
PHYSICAL SIGNATURE E-SIGNATURE PRINT OR TITLE &TERM OF OFFICE
TYPE NAME (If applicable)
Pat Tarzwell Chair, Board of County Commissioners
/ J Randy Netherlin Vice Chair, Board of County Commissioners
Sharon Trask County Commissioner
2. AUTHORIZED TO SIGN AGREEMENTS /AMENDMENTS
PHYSICAL SIGNATURE E-SIGNATURE PRINT OR TITLE &TERM OF OFFICE
TYPE NAME (If applicable)
Travis Adams County Administrator
3. AUTHORIZED TO SIGN REQUESTS FOR REIMBURSEMENT
PHYSICAL SIGNATURE E-SIGNATURE PRINT OR TITLE &TERM OF OFFICE
TYPE NAME (If applicable)
John Taylor MC DEM Manager
Tania Kenner Sr EM Coordinator
SAF Revised 5/8/2024
Page 1 of
Washington Military Department Contract Number: 26-342
Debarment, Suspension, Ineligibility or Voluntary Exclusion Certification Form
NAME Doing business as(DBA)
Mason County Division of Emergency Management
ADDRESS Applicable Procurement WA Uniform Business Federal Employer Tax
100 W Public Works Dr or Solicitation#,if any: Identifier(UBI) Identification#:
Shelton, WA 98584 232-002-101 91-6001354
This certification is submitted as part of a request to contract.
Instructions For Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower
Tier Covered Transactions
READ CAREFULLY BEFORE SIGNING THE CERTIFICATION. Federal regulations require contractors and bidders to sign and
abide by the terms of this certification, without modification, in order to participate in certain transactions directly or
indirectly involving federal funds.
1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out
below.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this
transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an
erroneous certification, in addition to other remedies available to the Federal Government the department or agency
with which this transaction originated may pursue available remedies, including suspension and/or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the department, institution or office to
which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was
erroneous when submitted or had become erroneous by reason of changed circumstances.
4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person,
primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning
set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the
person to which this proposal is submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered
transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is
proposed for debarment under the applicable CFR, debarred, suspended, declared ineligible, or voluntarily excluded
from participation in this covered transaction, unless authorized by the department or agency with which this
transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered
Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered
transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered
transaction that it is not proposed for debarment under applicable CFR, debarred, suspended, ineligible, or voluntarily
excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the
method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required
to, check the List of Parties Excluded from Federal Procurement and Non-procurement Programs.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to
render in good faith the certification required by this clause. The knowledge and information of a participant is not
required to exceed that which is normally possessed by a prudent person in the ordinary course of business activity.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under applicable
CFR, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other
remedies available to the Federal Government, the department or agency with which this transaction originated may
pursue available remedies, including suspension and/or debarment.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier
Covered Transactions
The prospective lower tier participant certifies, by submission of this proposal or contract, that neither it nor its
principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded
from participation in this transaction by any Federal department or agency. Where the prospective lower tier
participant is unable to certify to any of the statements in this certification, such prospective participant shall
attach an explanation to this form.
Bidder or Contractor Signature. Date:
Print Name and Title: Travis Adams, County Administrator
Washington Military Department Contract Number:26-342
FEDERAL DEBARMENT, SUSPENSION
INELIGIBILITY and VOLUNTARY EXCLUSION
(FREQUENTLY ASKED QUESTIONS)
What is "Debarment, Suspension, Ineligibility, and Voluntary Exclusion"?
These terms refer to the status of a person or company that cannot contract with or receive grants from a federal agency.
In order to be debarred, suspended, ineligible, or voluntarily excluded, you must have:
• had a contract or grant with a federal agency, and
• gone through some process where the federal agency notified or attempted to notify you that you could not contract
with the federal agency.
• Generally, this process occurs where you, the contractor, are not qualified or are not adequately performing under a
contract, or have violated a regulation or law pertaining to the contract.
Why am I required to sign this certification?
You are requesting a contract or grant with the Washington Military Department. Federal law (Executive Order 12549)
requires Washington Military Department ensure that persons or companies that contract with Washington Military
Department are not prohibited from having federal contracts.
What is Executive Order 12549?
Executive Order 12549 refers to Federal Executive Order Number 12549. The executive order was signed by the
President and directed federal agencies to ensure that federal agencies, and any state or other agency receiving federal
funds were not contracting or awarding grants to persons, organizations, or companies who have been excluded from
participating in federal contracts or grants. Federal agencies have codified this requirement in their individual agency
Code of Federal Regulations (CFRs).
What is the purpose of this certification?
The purpose of the certification is for you to tell Washington Military Department in writing that you have not been
prohibited by federal agencies from entering into a federal contract.
What does the word "proposal" mean when referred to in this certification?
Proposal means a solicited or unsolicited bid, application, request, invitation to consider or similar communication from
you to Washington Military Department.
What or who is a"lower tier participant"?
Lower tier participants means a person or organization that submits a proposal, enters into contracts with, or receives a
grant from Washington Military Department, OR any subcontractor of a contract with Washington Military Department. If
you hire subcontractors, you should require them to sign a certification and keep it with your subcontract.
What is a covered transaction when referred to in this certification?
Covered Transaction means a contract, oral or written agreement, grant, or any other arrangement where you contract
with or receive money from Washington Military Department. Covered Transaction does not include mandatory
entitlements and individual benefits.
Sample Debarment, Suspension, Ineligibility, Voluntary Exclusion Contract Provision
Debarment Certification. The Contractor certifies that the Contractor is not presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Contract by any
Federal department or agency. If requested by Washington Military Department, the Contractor shall complete
a Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion form. Any such form
completed by the Contractor for this Contract shall be incorporated into this Contract by reference.