HomeMy WebLinkAboutWashington State Emergency Management Division Security Grant E23-90 - 041023Washington Military Department
HOMELAND SECURITY GRANT PROGRAM AGREEMENT FACE SHEET
1. Subrecipient Name and Address:2.Grant Agreement Amount:3. Grant Agreement Number:
Jefferson, County of $32,006 E23-090
Department of Emergency Management (DEM)
81 Elkins Road
Port Hadlock, WA 98339-9700
4.Subrecipient Contact, phone/email:5.Grant Agreement Start Date:6.Grant Agreement End Date:
Willie Bence, 360-344-9729 September 1, 2022 July 31, 2024
wbence@co.jefferson.wa.us
7. Department Contact, phone/email:8. Unique Entity Identifier (UEI):9. UBI# (state revenue):
Deborah Henderson, 253-512-7 4 70 LP1187JKFN38 601-098-110
Deborah.henderson@mil.wa.gov
10.Funding Authority:
Washington Military Department (the Department) and the U.S. Department of Homeland Security (OHS)
11. Federal Funding Identification#: 12. Federal Award Date:13.Assistance Listings # & Title:
EMW-2022-SS-00056-501 09/02/2022 97.067 -22HSGP (SHSP)
14.Total Federal Award Amount:15.Program Index# & OBJ/SUB-OBJ:16.EIN
$13,905,347 723SZ, 723SH, 723S8, 723SL, 723SC, 723SQ I NZ 91-6001322
17. Service Districts: 18. Service Area by County(ies): 19. Women/Minority-Owned, State
BY LEGISLATIVE DISTRICTS: 24 Jefferson Certified: 181 N/A □ NO
BY CONGRESSIONAL DISTRICTS: 6 □YES, OMWBE#
20.Agreement Classification 21. Contract Type (check all that apply):□Personal Services □ Client Services 181 Public/Local Gov't □Contract C8l Grant 181 Agreement □Research/Development □NE □Other □Intergovernmental (RCW 39.34)□lnteragency
22.Subrecipient Selection Process: 23. Subrecipient Type (check all that apply)
181 "To all who apply & qualify"□Competitive Bidding D Private Organization/Individual □For-Profit□Sole Source D NE RCW □ N/A C8l Public Organization/Jurisdiction D Non-Profit □Filed w/OFM? D Advertised? □ YES □NO D CONTRACTOR 181 SUBRECIPIENT □ OTHER
24.PURPOSE & DESCRIPTION:
The objective of the Federal Fiscal Year (FFY) 2022 Homeland Security Grant Program (22HSGP) Is to fund state, local, tribal, and territorialefforts to prevent terrorism and prepare the nat ion for threats and hazards that pose the greatest risk to the security of the United States.
22HSGP provides funding to implement investments that build, sustain, and deliver the core capabilities essential to achieving the NationalPreparedness Goal of a secure and resilient nation. 22HSGP supports core capabilities across the five mission areas of prevention, protection, mitigation, response, and recovery based on allowable costs. HSGP Is comprised of three interconnected grant programs: State Homeland Security Program (SHSP), Urban Areas Security Initiative (UASI), and Operation Stonegarden (OPSG). Together, these grant programs fund arange of preparedness activities, including planning, organization, equipment purchase, training, exercises, and management and administration.
The Department is the Recipient and Pass-through Entity of the 22HSGP OHS Award Letter for Grant No. EMW-2022-SS-00056-S01 ("Grant"),which Is incorpo rated in and attached hereto as Attachment C and has made a subaward of funds to the Subrecipient pursuant to thisAgreement. The Subrecipient is accountable to the Department for use of Federal award fu nds pr o vided under this Agreement.IN WITNESS VI/HEREOF, 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); OHS Award Letter (Attachment C), Work Plan (Attachmenls D-1, D-2, D-3), Budget (Attachment E), Tirneline (Attachment F); 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 understand ings, oral or otherwise, reoardina the subiect matter of this Aareement shall be deemed to exist or to bind anv or the oalties.
In the event of an inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order:
1. Applicable federal and state statutes and regulations 4. Special Terms and Conditions
2. DHS/FEMA Award and program documents 5.General Terms and Conditions, and,
3. Work Plan, Timeline, and Budget 6. Other provisions of the Agreement incorporated by reference.
WHEREAS, the parties have executed this Agreement on the day and year last s �below.
FOR THE DEPARTMENT, 1\§f . ;:;,
> BRE IPIENT: � I v/10/9
Signature Date Sianature" V Date
Regan Anne Hesse, Chief Financial Officer Chair
Washington Military Department Jefferson County Board of Commissioners
BOILERPLATE APPROVED TO FORM: APPROVED AS TO FORM (if applicable):
Dierk Meierbachtol 9/28/2022 oc� Assistant Attorney General April 4, 2022
Sionature Date
DHS-FEMA-HSGP-SHSP-FY22 Page 1 of 43 Jefferson County, E23-090
6/6/2023
DHS-FEMA-HSGP-SHSP-FY22 Page 2 of 43 Jefferson County, E23-090
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 Willie Bence Name Deborah Henderson
Title Director Title Program Coordinator
Email wbence@co.jefferson.wa.us Email Deborah.henderson@mil.wa.gov
Phone 360-344-9729 Phone 253-512-7470
Name Keppie Keplinger Name Reagan Bush
Title Public Information Officer Title Program Manager
Email kkeplinger@co.jefferson.wa.us Email Reagan.bush@mil.wa.gov
Phone 360-344-9786 Phone 253-512-7463
Name Name Courtney Bemus
Title Title Program Assistant
Email Email courtney.bemus@mil.wa.gov
Phone Phone 253-512-7145
ARTICLE II. ADMINISTRATIVE AND/OR FINANCIAL REQUIREMENTS
The Subrecipient shall comply with all applicable state and federal laws, rules, regulations, requirements and
program guidance identified or referenced in this Agreement and the informational documents published by
DHS/FEMA applicable to the 22HSGP Program, including, but not limited to, all criteria, restrictions, and
requirements of “The Department of Homeland Security (DHS) Notice of Funding Opportunity (NOFO) Fiscal
Year 2022 Homeland Security Grant Program” (hereafter “the NOFO”) document, the FEMA Preparedness
Grants Manual document, Version 3, published May 2022 (hereafter “the Manual”), the DHS Award Letter for
the Grant, and the federal regulations commonly applicable to DHS/FEMA grants, all of which are incorporated
herein by reference. The DHS Award Letter is incorporated in this Agreement as Attachment C.
The Subrecipient acknowledges that since this Agreement involves federal award funding, the period of
performance may begin prior to the availability of appropriated federal funds. The Subrecipient agrees that it will
not hold the Department, the State of Washington, or the United States liable for any damages, claim for
reimbursement, or any type of payment whatsoever for services performed under this Agreement prior to
distribution of appropriated federal funds, or if federal funds are not appropriated or in a particular amount.
A.STATE AND FEDERAL REQUIREMENTS FOR DHS/FEMA PREPAREDNESS GRANTS:
The following requirements apply to all DHS/FEMA Preparedness Grants administered by the Department.
1.SUBAWARDS & CONTRACTS BY SUBRECIPIENTS
a. The Subrecipient must make a case-by-case determination whether each agreement it makes for
the disbursement of 22HSGP funds received under this Agreement casts the party receiving the
funds in the role of a subrecipient or contractor in accordance with 2 CFR 200.331.
b.If the Subrecipient also becomes a pass-through entity by making a subaward to a non-federal
entity as its subrecipient, the Subrecipient must make a case-by-case determination whether each
agreement it makes for the disbursement of 22HSGP funds received under this Agreement casts
the party receiving the funds in the role of a subrecipient or contractor in accordance with 2 CFR
200.330.
i.The Subrecipient must comply with all federal laws and regulations applicable to pass-
through entities of 22HSGP funds, including, but not limited to, those contained in 2 CFR
200.
ii.The Subrecipient shall require its subrecipient(s) to comply with all applicable state and
federal laws, rules, regulations, requirements and program guidance identified or referenced
in this Agreement and the informational documents published by DHS/FEMA applicable to
DHS-FEMA-HSGP-SHSP-FY22 Page 3 of 43 Jefferson County, E23-090
the 22HSGP Program, including, but not limited to, all criteria, restrictions, and requirements
of the NOFO , the Manual, the DHS Award Letter for the Grant in Attachment C, and the
federal regulations commonly applicable to DHS/FEMA grants.
iii.The Subrecipient shall be responsible to the Department for ensuring that all 22HSGP
federal award funds provided to its subrecipients are used in accordance with applicable
federal and state statutes and regulations, and the terms and conditions of the federal award
set forth in Attachment C of this Agreement.
2.BUDGET, REIMBURSEMENT, AND TIMELINE
a.Within the total Grant Agreement Amount, travel, subcontracts, salaries, benefits, printing,
equipment, and other goods and services or other budget categories will be reimbursed on an
actual cost basis upon completion unless otherwise provided in this Agreement.
b.The maximum amount of all reimbursement requests permitted to be submitted under this
Agreement, including the final reimbursement request, is limited to and shall not exceed the total
Grant Agreement Amount.
c.If the Subrecipient chooses to include indirect costs within the Budget (Attachment E), additional
documentation is required based on the applicable situation. As described in 2 CFR 200.414 and
Appendix VII to 2 CFR 200:
i.If the Subrecipient receives direct funding from any Federal agency(ies), documentation of
the rate must be submitted to the Department Key Personnel per the following:
A.More than $35 million, the approved indirect cost rate agreement negotiated with its
federal cognizant agency.
B.Less than $35 million, the indirect cost proposal developed in accordance with
Appendix VII of 2 CFR 200 requirements.
ii.If the Subrecipient does not receive direct federal funds (i.e., only receives funds as a
subrecipient), the Subrecipient must either elect to charge a de minimis rate of ten percent
(10%) or 10% of modified total direct costs or choose to negotiate a higher rate with the
Department. If the latter is preferred, the Subrecipient must contact Department Key
Personnel for approval steps.
d.For travel costs, the Subrecipient shall comply with 2 CFR 200.475 and should consult their
internal policies, state rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing
or amended, and federal maximum rates set forth at https://www.gsa.gov, and follow the most
restrictive. If travel costs exceed set state or federal limits, travel costs shall not be reimbursed
without prior written approval by Department Key Personnel.
e.Reimbursement requests will include a properly completed State A-19 Invoice Form and
Reimbursement Spreadsheet (in the format provided by the Department) detailing the
expenditures for which reimbursement is sought. Reimbursement requests must be submitted to
Reimbursements@mil.wa.gov no later than the due dates listed within the Timeline
(Attachment F).
Reimbursement request totals should be commensurate to the time spent processing by the
Subrecipient and the Department.
f.Receipts and/or backup documentation for any approved items that are authorized under this
Agreement must be maintained by the Subrecipient consistent with record retention requirements
of this Agreement and be made available upon request by the Department, and federal, state,
and local auditors.
g.The Subrecipient must request prior written approval from Department Key Personnel to waive
or extend a due date in the Timeline (Attachment F). For waived or extended reimbursement due
dates, all allowable costs should be submitted on the next scheduled reimbursement due date
contained in the Timeline. Waiving or missing deadlines serves as an indicator for assessing an
agency’s level of risk of noncompliance with the regulations, requirements, and the terms and
conditions of the Agreement and may increase required monitoring activities. Any request for a
DHS-FEMA-HSGP-SHSP-FY22 Page 4 of 43 Jefferson County, E23-090
waiver or extension of a due date in the Timeline will be treated as a request for Amendment of
the Agreement. This request must be submitted to the Department Key Personnel sufficiently in
advance of the due date to provide adequate time for Department review and consideration and
may be granted or denied within the Department’s sole discretion.
h.All work under this Agreement must end on or before the Grant Agreement End Date, and the
final reimbursement request must be submitted to the Department within forty-five (45) days after
the Grant Agreement End Date, except as otherwise authorized by either (1) written amendment
of this Agreement or (2) written notification from the Department to the Subrecipient to provide
additional time for completion of the Subrecipient’s subproject(s).
i.No costs for purchases of equipment/supplies will be reimbursed until the related
equipment/supplies have been received by the Subrecipient, its contractor, or any non-federal
entity to which the Subrecipient makes a subaward and is invoiced by the vendor.
j.Failure to submit timely, accurate, and complete reports and reimbursement requests as required
by this Agreement (including, but not limited to, those reports in the Timeline [Attachment F]) will
prohibit the Subrecipient from being reimbursed until such reports are submitted and the
Department has had reasonable time to conduct its review.
k.Final reimbursement requests will not be approved for payment until the Subrecipient is current
with all reporting requirements contained in this Agreement.
l.For SHSP and UASI Subrecipients, a written amendment will be required if the Subrecipient
expects cumulative transfers among subproject totals, as identified in the Budget (Attachment E),
to exceed ten percent (10%) of the Grant Agreement Amount. If a Subrecipient has only one
subproject, cumulative transfers among solution areas within the subproject that exceed ten
percent (10%) of the Grant Agreement Amount shall require an amendment to this Agreement.
m.For OPSG Subrecipients, any deviations from the approved, direct budget categories will require
additional federal approvals and a written amendment.
n.Subrecipients shall only use federal award funds under this Agreement to supplement existing
funds and will not use them to replace (supplant) non-federal funds that have been budgeted for
the same purpose. The Subrecipient may be required to demonstrate and document that the
reduction in non-federal resources occurred for reasons other than the receipt or expected receipt
of federal funds.
3.REPORTING
a.With each reimbursement request, the Subrecipient shall report how the expenditures, for which
reimbursement is sought, relate to the Work Plan (Attachments D-1, D-2, D-3) activities in the
format provided by the Department.
b.With the final reimbursement request, the Subrecipient shall submit to the Department Key
Personnel a final report describing all completed activities under this Agreement.
c.The Subrecipient shall comply with the Federal Funding Accountability and Transparency Act
(FFATA) and related OMB Guidance consistent with Public Law 109-282 as amended by section
6202(a) of Public Law 110-252 (see 31 U.S.C. 6101 note) and complete and return to the
Department an Audit Certification/FFATA Form. This form is required to be completed once per
calendar year, per Subrecipient, and not per agreement. The Department’s Contracts Office will
request the Subrecipient submit an updated form at the beginning of each calendar year in which
the Subrecipient has an active agreement.
4.EQUIPMENT AND SUPPLY MANAGEMENT
a. The Subrecipient and any non-federal entity to which the Subrecipient makes a subaward shall
comply with 2 CFR 200.317 through 200.327 when procuring any equipment or supplies under
this Agreement, 2 CFR 200.313 for management of equipment, and 2 CFR 200.314 for
management of supplies, to include, but not limited to:
i.Upon successful completion of the terms of this Agreement, all equipment and supplies
purchased through this Agreement will be owned by the Subrecipient, or a recognized non-
DHS-FEMA-HSGP-SHSP-FY22 Page 5 of 43 Jefferson County, E23-090
federal entity to which the Subrecipient has made a subaward, for which a contract,
subrecipient grant agreement, or other means of legal transfer of ownership is in place.
ii.All equipment, and supplies as applicable, purchased under this Agreement will be recorded
and maintained in the Subrecipient’s inventory system.
iii.Inventory system records shall include:
A.Description of the property;
B.Manufacturer’s serial number, model number, or other identification number;
C.Funding source for the property, including the Federal Award Identification Number
(FAIN) (Face Sheet, Box 11);
D.Assistance Listings Number (Face Sheet, Box 13);
E.Who holds the title;
F. Acquisition date;
G.Cost of the property and the percentage of federal participation in the cost;
H.Location, use and condition of the property at the date the information was reported;
I.Disposition data including the date of disposal and sale price of the property.
iv.The Subrecipient shall take a physical inventory of the equipment, and supplies as
applicable, and reconcile the results with the property records at least once every two years.
Any differences between quantities determined by the physical inspection and those shown
in the records shall be investigated by the Subrecipient to determine the cause of the
difference. The Subrecipient shall, in connection with the inventory, verify the existence,
current utilization, and continued need for the equipment.
v.The Subrecipient shall be responsible for any and all operational and maintenance
expenses and for the safe operation of the equipment and supplies including all questions
of liability. The Subrecipient shall develop appropriate maintenance schedules and
procedures to ensure the equipment, and supplies as applicable, are well-maintained and
kept in good operating condition.
vi.The Subrecipient shall develop a control system to ensure adequate safeguards to prevent
loss, damage, and theft of the property. Any loss, damage, or theft shall be investigated,
and a report generated and sent to the Department’s Key Personnel.
vii.The Subrecipient must obtain and maintain all necessary certifications and licenses for the
equipment.
viii.If the Subrecipient is authorized or required to sell the property, proper sales procedures
must be established and followed to ensure the highest possible return. For disposition, if
upon termination or at the Grant Agreement End Date, when original or replacement
supplies or equipment acquired under a federal award are no longer needed for the original
project or program or for other activities currently or previously supported by a federal
awarding agency, the Subrecipient must comply with the following procedures:
A.For Supplies: If there is a residual inventory of unused supplies exceeding $5,000 in
total aggregate value upon termination or completion of the project or program and the
supplies are not needed for any other federal award, the Subrecipient must retain the
supplies for use on other activities or sell them, but must, in either case, compensate
the federal government for its share. The amount of compensation must be computed
in the same manner as for equipment.
B.For Equipment:
1)Items with a current per-unit fair-market value of five thousand dollars ($5,000) or
less may be retained, sold, transferred, or otherwise disposed of with no further
obligation to the federal awarding agency.
DHS-FEMA-HSGP-SHSP-FY22 Page 6 of 43 Jefferson County, E23-090
2)Items with a current per-unit fair-market value in excess of five thousand dollars
($5,000) may be retained or sold. The Subrecipient shall compensate the federal
awarding agency in accordance with the requirements of 2 CFR 200.313 (e) (2).
ix.Records for equipment shall be retained by the Subrecipient for a period of six (6) years
from the date of the disposition, replacement, or transfer. If any litigation, claim, or audit is
started before the expiration of the six- (6-) year period, the records shall be retained by the
Subrecipient until all litigation, claims, or audit findings involving the records have been
resolved.
b.The Subrecipient shall comply with the Department’s Purchase Review Process, which is
incorporated by reference and made part of this Agreement. No reimbursement will be provided
unless the appropriate approval has been received.
c.Allowable equipment categories for the grant program are listed on the Authorized Equipment
List (AEL) located on the FEMA website at https://www.fema.gov/grants/guidance-
tools/authorized-equipment-list. It is important that the Subrecipient and any non-federal entity to
which the Subrecipient makes a subaward regard the AEL as an authorized purchasing list
identifying items allowed under the specific grant program; the AEL includes items that may not
be categorized as equipment according to the federal, state, local, and tribal definitions of
equipment. The Subrecipient is solely responsible for ensuring and documenting purchased items
under this Agreement are authorized as allowed items by the AEL at time of purchase.
If the item is not identified on the AEL as allowable under the grant program , the Subrecipient
must contact the Department Key Personnel for assistance in seeking FEMA approval prior to
acquisition.
d.Unless expressly provided otherwise, all equipment must meet all mandatory regulatory and/or
DHS/FEMA adopted standards to be eligible for purchase using federal award funds.
e.If funding is allocated to emergency communications, the Subrecipient must ensure that all
projects comply with SAFECOM Guidance on Emergency Communications Grants, located at
https://www.cisa.gov/safecom/funding, ensuring the investments are compatible, interoperable,
resilient, and support national goals and objectives for improving emergency communications.
f.Effective August 13, 2020, FEMA recipients and subrecipients, as well as their contractors and
subcontractors, may not obligate or expend any FEMA award funds to:
i.Procure or obtain any equipment, system, or service that uses covered telecommunications
equipment or services as a substantial or essential component of any system, or as critical
technology of any system;
ii.Enter into, extend, or renew a contract to procure or obtain any equipment, system, or
service that uses covered telecommunications equipment or services as a substantial or
essential component of any system, or as critical technology of any system; or
iii.Enter into, extend, or renew contracts with entities that use covered telecommunications
equipment or services as a substantial or essential component of any system, or as critical
technology as part of any system.
This prohibition regarding certain telecommunications and video surveillance services or
equipment is mandated by section 889 of the John S. McCain National Defense Authorization Act
for Fiscal Year 2019 (FY 2019 NDAA), Pub. L. No. 115-232 (2018). Recipients and subrecipients
may use DHS/FEMA grant funding to procure replacement equipment and services impacted by
this prohibition, provided the costs are otherwise consistent with the requirements of the Manual
and applicable NOFO.
Per subsections 889(f)(2)-(3) of the FY 2019 NDAA, and 2 CFR 200.216, covered
telecommunications equipment or services means:
i.Telecommunications equipment produced by Huawei Technologies Company or ZTE
Corporation, (or any subsidiary or affiliate of such entities);
DHS-FEMA-HSGP-SHSP-FY22 Page 7 of 43 Jefferson County, E23-090
ii.For the purpose of public safety, security of government facilities, physical security
surveillance of critical infrastructure, and other national security purposes, video
surveillance and telecommunications equipment produced by Hytera Communications
Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology
Company (or any subsidiary or affiliate of such entities);
iii.Telecommunications or video surveillance services provided by such entities or using such
equipment; or
iv.Telecommunications or video surveillance equipment or services produced or provided by
an entity that the Secretary of Defense, in consultation with the Director of National
Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be
an entity owned or controlled by, or otherwise connected to, the government of a covered
foreign country.
g.For OPSG Subrecipients, items budgeted as equipment in an approved Operations Order should
be marked prominently with “Purchased with DHS funds for Operation Stonegarden Use” when
practicable.
h.The Subrecipient must pass through equipment and supply management requirements that meet
or exceed the requirements outlined above to any non-federal entity to which the Subrecipient
makes a subaward of federal award funds under this Agreement.
5.ENVIRONMENTAL AND HISTORICAL PRESERVATION
a. The Subrecipient shall ensure full compliance with the DHS/FEMA Environmental Planning and
Historic Preservation (EHP) Program. EHP program information can be found at
https://www.fema.gov/grants/guidance-tools/environmental-historic all of which are incorporated
in and made a part of this Agreement.
b.Projects that have historical impacts or the potential to impact the environment, including, but
not limited to, construction of communication towers; modification or renovation of existing
buildings, structures, and facilities; or new construction, including replacement of facilities, must
participate in the DHS/FEMA EHP review process prior to project initiation. Modification of existing
buildings, including minimally invasive improvements such as attaching monitors to interior walls,
and training or exercises occurring outside in areas not considered previously disturbed also
require a DHS/FEMA EHP review before project initiation.
c.The EHP review process involves the submission of a detailed project description that includes
the entire scope of work, including any alternatives that may be under consideration, along with
supporting documentation so FEMA may determine whether the proposed project has the
potential to impact environmental resources and/or historic properties.
d. The Subrecipient agrees that, to receive any federal preparedness funding, all EHP compliance
requirements outlined in applicable guidance must be met. The EHP review process must be
completed and FEMA approval must be received by the Subrecipient before any work is
started for which reimbursement will be later requested. Expenditures for projects started before
completion of the EHP review process and receipt of approval by the Subrecipient may not be
reimbursed.
6.PROCUREMENT
a. The Subrecipient shall comply with all procurement requirements of 2 CFR 200.317 through
200.327 and as specified in the General Terms and Conditions (Attachment B, A.10).
b.For all sole source contracts expected to exceed $250,000, the Subrecipient must submit to the
Department for pre-procurement review and approval the procurement documents, such as
requests for proposals, invitations for bids and independent cost estimates. This requirement must
be passed on to any non-federal entity to which the Subrecipient makes a subaward, at which
point the Subrecipient will be responsible for reviewing and approving sole source justifications of
any non-federal entity to which the Subrecipient makes a subaward.
DHS-FEMA-HSGP-SHSP-FY22 Page 8 of 43 Jefferson County, E23-090
7.SUBRECIPIENT MONITORING
a.The Department will monitor the activities of the Subrecipient from award to closeout. The goal of
the Department’s monitoring activities will be to ensure that agencies receiving federal pass-
through funds are in compliance with this Agreement, federal and state audit requirements,
federal grant guidance, and applicable federal and state financial regulations, as well as 2 CFR
Part 200 Subpart F.
b.To document compliance with 2 CFR Part 200 Subpart F requirements, the Subrecipient shall
complete and return to the Department an Audit Certification/FFATA form. This form is required
to be completed once per calendar year, per Subrecipient, and not per agreement. The
Department’s Contracts Office will request the Subrecipient submit an updated form at the
beginning of each calendar year in which the Subrecipient has an active agreement.
c.Monitoring activities may include, but are not limited to:
i. Review of financial and performance reports;
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; and
vi.On-site visits to review equipment records and inventories, to verify source documentation for
reimbursement requests and performance reports, and to verify completion of deliverables.
d. The Subrecipient is required to meet or exceed the monitoring activities, as outlined above, for
any non-federal entity to which the Subrecipient makes a subaward as a pass-through entity
under this Agreement.
e. Compliance will be monitored throughout the performance period to assess risk. Concerns will be
addressed through a corrective action plan.
8.LIMITED ENGLISH PROFICIENCY (CIVIL RIGHTS ACT OF 1964 TITLE VI)
The Subrecipient must comply with the Title VI of the Civil Rights Act of 1964 (Title VI) prohibition
against discrimination on the basis of national origin, which requires that subrecipients of federal
financial assistance take reasonable steps to provide meaningful access to persons with limited
English proficiency (LEP) to their programs and services. Providing meaningful access for persons
with LEP may entail providing language assistance services, including oral interpretation and written
translation. Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency (August 11, 2000), requires federal agencies to issue guidance to recipients, assisting
such organizations and entities in understanding their language access obligations. DHS published
the required recipient guidance in April 2011, DHS Guidance to Federal Financial Assistance
Recipients Regarding Title VI Prohibition against National Origin Discrimination Affecting Limited
English Proficient Persons, 76 Fed. Reg. 21755-21768, (April 18, 2011). The Guidance provides
helpful information such as how a recipient can determine the extent of its obligation to provide
language services, selecting language services, and elements of an effective plan on language
assistance for LEP persons. For additional assistance and information regarding language access
obligations, please refer to the DHS Recipient Guidance at https://www.dhs.gov/guidance-published-
help-department-supported-organizations-provide-meaningful-access-people-limited and additional
resources on https://www.lep.gov.
9.NIMS COMPLIANCE
a.The National Incident Management System (NIMS) identifies concepts and principles that answer
how to manage emergencies from preparedness to recovery regardless of their cause, size,
location, or complexity. NIMS provides a consistent, nationwide approach and vocabulary for
DHS-FEMA-HSGP-SHSP-FY22 Page 9 of 43 Jefferson County, E23-090
multiple agencies or jurisdictions to work together to build, sustain, and deliver the core
capabilities needed to achieve a secure and resilient nation.
b.Consistent implementation of NIMS provides a solid foundation across jurisdictions and
disciplines to ensure effective and integrated preparedness, planning, and response. NIMS
empowers the components of the National Preparedness System, a requirement of Presidential
Policy Directive 8, to guide activities within the public and private sector and describes the
planning, organizational activities, equipping, training, and exercising needed to build and sustain
the core capabilities in support of the National Preparedness Goal.
c. In order to receive federal preparedness funding from the Department, the Subrecipient must
achieve, or be actively working to achieve, all of the NIMS Implementation Objectives located at
https://www.fema.gov/emergency-managers/nims/implementation-training.
B.HSGP SPECIFIC REQUIREMENTS
1.The Subrecipient must use HSGP funds only to perform tasks as described in the Work Plan
(Attachments D-1, D-2, D-3), as approved by the Department, and in compliance with this Agreement.
a.SHSP-funded projects must assist state, local, tribal, and territorial efforts to build, sustain, and
deliver the capabilities necessary to prevent, prepare for, protect against, and respond to acts of
terrorism.
b.UASI-funded projects must assist high-threat, high-density Urban Area efforts to build, sustain,
and deliver the capabilities necessary to prevent, prepare for, protect against, and respond to acts
of terrorism.
c.OPSG-funded projects must support enhanced cooperation and coordination among Customs
and Border Protection, United States Border Patrol, and federal, state, local, tribal, and territorial
law enforcement agencies to support joint efforts to secure the United States’ borders along
routes of ingress/egress to and from international borders, to include travel corridors in states
bordering Mexico and Canada, as well as states and territories with international water borders.
State, local, tribal, and territorial law enforcement agencies utilize their inherent law enforcement
authorities to support the border security mission and do not receive any additional authority as a
result of participation in OPSG.
d.State agencies, including law enforcement, must comply with RCW 43.17.425 and may not use
agency funds (including this grant), facilities, property, equipment, or personnel, to investigate,
enforce, cooperate with, or assist in the investigation or enforcement of any federal registration
or surveillance programs or any other laws, rules, or policies that target Washington residents
solely on the basis of race, religion, immigration, or citizenship status, or national or ethnic origin,
except as provided in RCW 43.17.425 (3).
2.The Budget (Attachment E) may include the following caps and thresholds:
a.If funds are allotted for Management and Administration (M&A), such expenditures must be
related to administration of the grant. The maximum percentage of the Grant Agreement Amount
that may be used for M&A costs when allocated under this Agreement shall not exceed five
percent (5%) but may be less.
b.At least thirty percent (30%) of the combined HSGP award allocated under SHSP and UASI must
be dedicated to law enforcement terrorism prevention activities (LETPA). To meet this
requirement, the Subrecipient has agreed, at a minimum, to meet the LETPA percentage
indicated in the Budget. If the Subrecipient anticipates spending less than the indicated
amount, a budget amendment is required.
c.The maximum percentage of the Grant Agreement Amount that may be used for personnel
expenses under this Agreement is identified in the Budget. If the Subrecipient anticipates
spending more on personnel costs, an amendment is required. Additional approval steps may
also be required before the personnel percentage can be increased.
3.If funding is allocated to a Fusion Center investment, the Subrecipient must ensure all Fusion Center
analytical personnel demonstrate qualifications that meet or exceed competencies identified in the
Common Competencies for state, local, and tribal intelligence analysts, which outlines the minimum
DHS-FEMA-HSGP-SHSP-FY22 Page 10 of 43 Jefferson County, E23-090
categories of training needed for intelligence analysts. All training to ensure baseline proficiency in
intelligence analysis and production must be completed within six (6) months of hiring unless the
analyst has previously served as an intelligence analyst for a minimum of two (2) years. Proof of
satisfaction of this requirement must be accessible to the Department Key Personnel as applicable.
4.If funding is allocated to non-DHS FEMA training, the Subrecipient must request prior written
approval from the Department Key Personnel before attending the training. The Department will
coordinate approval with the State Training Point of Contact. Pursuant to DHS/FEMA Grant Programs
Directorate Information Bulletin No. 432, Review and Approval Requirements for Training Courses
Funded Through Preparedness Grants, https://www.fema.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 prior to attendance.
5.For SHSP and UASI, Subrecipients are required to complete the annual Nationwide Cybersecurity
Review (NCSR) https://www.cisecurity.org/ms-isac/services/ncsr to benchmark and measure
progress of improvement in their cybersecurity posture.
6.Except for an elevated National Terrorism Advisory System alert, prior written approval is required
before SHSP and UASI funds may be used for operational overtime. Requests must be submitted to
the Department Key Personnel in advance of the expenditure to ensure all additional approval steps
can be met.
7.SHSP Subrecipients shall participate in the State’s annual Stakeholder Preparedness Review (SPR),
the State's Threat and Hazard Identification and Risk Assessment (THIRA), core capabilities
assessments, and data calls. Non-participation may result in withholding of funding under future grant
years.
8.UASI Subrecipients shall participate in the annual UASI SPR and THIRA process
9.Subrecipients should document their preparedness priorities and use them to deploy a schedule of
preparedness events in a multi-year Integrated Preparedness Plan (IPP). Subrecipients are
encouraged to participate in the State’s annual Integrated Preparedness Planning Workshop (IPPW)
or may conduct their own local/regional IPPW. Information related to IPPs and Integrated
Preparedness Planning Workshops (IPPWs) can be found on the HSEEP website at
https://www.fema.gov/HSEEP and https://preptoolkit.fema.gov/.
C. DHS TERMS AND CONDITIONS
As a subrecipient of 22HSGP funding, the Subrecipient shall comply with all applicable DHS terms and
conditions of the 22HSGP Award Letter and its incorporated documents , which are incorporated in and
made a part of this Agreement as Attachment C.
DHS-FEMA-HSGP-SHSP-FY22 Page 11 of 43 Jefferson County, E23-090
Attachment B
Washington Military Department
GENERAL TERMS AND CONDITIONS
Department of Homeland Security (DHS)/
Federal Emergency Management Agency (FEMA)
Grants
A.1 DEFINITIONS
As used throughout this Agreement, the terms will have the same meaning as defined in 2 CFR 200
Subpart A (which is incorporated herein by reference), except as otherwise set forth below:
a.“Agreement” means this Grant Agreement.
b.“Department” means the Washington Military Department, as a state agency, any division,
section, office, unit or other entity of the Department, or any of the officers or other officials lawfully
representing that Department. The Department is a recipient of a federal award directly from a
federal awarding agency and is the pass-through entity making a subaward to a Subrecipient
under this Agreement.
c. “Investment” means the grant application submitted by the Subrecipient describing the project(s)
for which federal funding is sought and provided under this this Agreement. Such grant application
is hereby incorporated into this Agreement by reference.
d.“Monitoring Activities” means all administrative, financial, or other review activities that are
conducted to ensure compliance with all state and federal laws, rules, regulations, authorities and
policies.
e.“Stakeholders Preparedness Report (SPR)” The SPR is an annual three-step self-assessment
of a community’s capability levels based on the capability targets identified in the THIRA.
f.“Subrecipient” when capitalized is primarily used throughout this Agreement in reference to the
non-federal entity identified on the Face Sheet of this Agreement that has received a subaward
from the Department. However, the definition of “Subrecipient” is the same as in 2 CFR 200.1 for
all other purposes.
g.“Threat and Hazard Identification and Risk Assessment (THIRA)” The THIRA is a three-step
risk assessment. The THIRA helps communities understand their risks and determine the level of
capability they need in order to address those risks. The outputs from this process lay the
foundation for determining a community’s capability gaps during the SPR process.
A.2 ADVANCE PAYMENTS PROHIBITED
The Department shall make no payments in advance or in anticipation of goods or services to be provided
under this Agreement. Subrecipient shall not invoice the Department in advance of delivery and invoicing
of such goods or services.
A.3 AMENDMENTS AND MODIFICATIONS
The Subrecipient or the Department may request, in writing, an amendment or modification of this
Agreement. However, such amendment or modification shall not be binding, take effect or be
incorporated herein until made in writing and signed by the authorized representatives of the Department
and the Subrecipient. No other understandings or agreements, written or oral, shall be binding on the
parties.
The Agreement performance period shall only be extended by (1) written notification of DHS/FEMA
approval of the Award performance period, followed up with a mutually agreed written amendment, or (2)
written notification from the Department to the Subrecipient to provide additional time for completion of
the Subrecipient’s project(s).
A.4 AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, 42 U.S.C. 12101 ET
SEQ. AND ITS IMPLEMENTING REGULATIONS ALSO REFERRED TO AS THE “ADA” 28 CFR Part
35.
The Subrecipient must comply with the ADA, which provides comprehensive civil rights protection to
individuals with disabilities in the areas of employment, public accommodations, state and local
government services, and telecommunication.
DHS-FEMA-HSGP-SHSP-FY22 Page 12 of 43 Jefferson County, E23-090
A.5 ASSURANCES
The Department and Subrecipient agree that all activity pursuant to this Agreement will be in accordance
with all the applicable current federal, state and local laws, rules, and regulations.
A.6 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, OR INELIGIBILITY
As federal funds are a basis for this Agreement, the Subrecipient certifies that the Subrecipient is not
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participating in this Agreement by any federal department or agency.
The Subrecipient shall complete, sign, and return a Certification Regarding Debarment, Suspension,
Ineligibility, and Voluntary Exclusion form located at http://mil.wa.gov/emergency-management-
division/grants/requiredgrantforms. Any such form completed by the Subrecipient for this Agreement shall
be incorporated into this Agreement by reference.
Further, the Subrecipient agrees to comply with all applicable federal regulations concerning the federal
debarment and suspension system, including 2 CFR Part 180. The Subrecipient certifies that it will ensure
that potential contractors or subrecipients or any of their principals are not debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in “covered
transactions” by any federal department or agency. “Covered transactions” include procurement
contracts for goods or services awarded under a non-procurement transaction (e.g., grant or cooperative
agreement) that are expected to equal or exceed $25,000, and subawards to Subrecipients for any
amount. With respect to covered transactions, the Subrecipient may comply with this provision by
obtaining a certification statement from the potential contractor or subrecipient or by checking the System
for Award Management (https://sam.gov/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.lni.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’ “Debarred Vendor List”
(http://www.des.wa.gov/services/ContractingPurchasing/Business/Pages/Vendor-Debarment.aspx).
A.7 CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING
As required by 44 CFR Part 18, the Subrecipient hereby certifies that to the best of its knowledge and
belief: (1) no federally appropriated funds have been paid or will be paid by or on behalf of the
Subrecipient to any person for influencing or attempting to influence an officer or employee of an agency,
a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress
in connection with the awarding of any federal contract, the making of any federal grant, the making of
any federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement; (2)
that if any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this
Agreement, grant, loan, or cooperative agreement, the Subrecipient will complete and submit Standard
Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions; (3) and that, as
applicable, the Subrecipient will require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants,
loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly. This
certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into and is a prerequisite for making or entering into this transaction imposed by 31
U.S.C. 1352.
A.8 COMPLIANCE WITH APPLICABLE STATUTES, RULES AND DEPARTMENT POLICIES
The Subrecipient and all its contractors and subrecipients shall comply with, and the Department is not
responsible for determining compliance with, any and all applicable federal, state, and local laws,
regulations, executive orders, OMB Circulars, and/or policies. This obligation includes, but is not limited
to: nondiscrimination laws and/or policies, Energy Policy and Conservation Act (PL 94-163, as amended),
the Americans with Disabilities Act (ADA), Age Discrimination Act of 1975, Title VI of the Civil Rights Act
of 1964, Civil Rights Act of 1968, the Robert T. Stafford Disaster Relief and Emergency Assistance Act,
(PL 93-288, as amended), Ethics in Public Service (RCW 42.52), Covenant Against Contingent Fees (48
CFR Section 52.203-5), Public Records Act (RCW 42.56), Prevailing Wages on Public Works (RCW
DHS-FEMA-HSGP-SHSP-FY22 Page 13 of 43 Jefferson County, E23-090
39.12), State Environmental Policy Act (RCW 43.21C), Shoreline Management Act of 1971 (RCW 90.58),
State Building Code (RCW 19.27), Energy Related Building Standards (RCW 19.27A), Provisions in
Buildings for Aged and Handicapped Persons (RCW 70.92), and safety and health regulations.
In the event of noncompliance or refusal to comply with any applicable law, regulation, executive order,
OMB Circular or policy by the Subrecipient, its contractors or subrecipients, the Department may rescind,
cancel, or terminate the Agreement in whole or in part in its sole discretion. The Subrecipient is
responsible for all costs or liability arising from its failure, and that of its contractors and subrecipients, to
comply with applicable laws, regulations, executive orders, OMB Circulars or policies.
A.9 CONFLICT OF INTEREST
No officer or employee of the Department; no member, officer, or employee of the Subrecipient or its
designees or agents; no member of the governing body of the jurisdiction in which the project is
undertaken or located; and no other official of the Subrecipient who exercises any functions or
responsibilities with respect to the project during his or her tenure, shall have any personal or pecuniary
gain or interest, direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to be
performed in connection with the project assisted under this Agreement.
The Subrecipient shall incorporate, or cause to incorporate, in all such contracts or subawards, a
provision prohibiting such interest pursuant to this provision.
A.10 CONTRACTING & PROCUREMENT
a. The Subrecipient shall use a competitive procurement process in the procurement and award of
any contracts with contractors or subcontractors that are entered into under the original
agreement award. The procurement process followed shall be in accordance with 2 CFR Part
200.318, General procurement standards, through 200.327, Contract provisions.
As required by Appendix II to 2 CFR Part 200, all contracts entered into by the Subrecipient under
this Agreement must include the following provisions, as applicable:
1)Contracts for more than the simplified acquisition threshold currently set at $250,000, which
is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and
the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908,
must address administrative, contractual, or legal remedies in instances where contractors
violate or breach contract terms, and provide for such sanctions and penalties as appropriate.
2)All contracts in excess of $10,000 must address termination for cause and for convenience
by the non-federal entity including the manner by which it will be affected and the basis for
settlement.
3)Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all
contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part
60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in
accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319,
12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375,
“Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and
implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance
Programs, Equal Employment Opportunity, Department of Labor.”
4)Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program
legislation, all prime construction contracts in excess of $2,000 awarded by non-federal
entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-
3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part
5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and
Assisted Construction”). In accordance with the statute, contractors must be required to pay
wages to laborers and mechanics at a rate not less than the prevailing wages specified in a
wage determination made by the Secretary of Labor. In addition, contractors must be
required to pay wages not less than once a week. The non-federal entity must place a copy
of the current prevailing wage determination issued by the Department of Labor in each
solicitation. The decision to award a contract or subcontract must be conditioned upon the
acceptance of the wage determination. The non-federal entity must report all suspected or
reported violations to the federal awarding agency. The contracts must also include a
provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as
DHS-FEMA-HSGP-SHSP-FY22 Page 14 of 43 Jefferson County, E23-090
supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and
Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or
Grants from the United States”). The Act provides that each contractor or Subrecipient must
be prohibited from inducing, by any means, any person employed in the construction,
completion, or repair of public work, to give up any part of the compensation to which he or
she is otherwise entitled. The non-federal entity must report all suspected or reported
violations to the federal awarding agency.
5)Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable,
all contracts awarded by the non-federal entity in excess of $100,000 that involve the
employment of mechanics or laborers must include a provision for compliance with 40 U.S.C.
3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under
40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every
mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of
the standard work week is permissible provided that the worker is compensated at a rate of
not less than one and a half times the basic rate of pay for all hours worked in excess of 40
hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction
work and provide that no laborer or mechanic must be required to work in surroundings or
under working conditions which are unsanitary, hazardous or dangerous. These
requirements do not apply to the purchases of supplies or materials or articles ordinarily
available on the open market, or contracts for transportation or transmission of intelligence.
6)Rights to Inventions Made Under a Contract or Agreement. If the federal award meets the
definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or Subrecipient
wishes to enter into a contract with a small business firm or nonprofit organization regarding
the substitution of parties, assignment or performance of experimental, developmental, or
research work under that “funding agreement,” the recipient or Subrecipient must comply
with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants, Contracts and
Cooperative Agreements,” and any implementing regulations issued by the awarding agency.
7)Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33
U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of
$150,000 must contain a provision that requires the non-federal award to agree to comply
with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42
U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C.
1251-1387). Violations must be reported to the federal awarding agency and the Regional
Office of the Environmental Protection Agency (EPA).
8)Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2
CFR 180.220) must not be made to parties listed on the government-wide exclusions in the
System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180
that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR
part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the
names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties
declared ineligible under statutory or regulatory authority other than Executive Order 12549.
9)Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award
exceeding $100,000 must file the required certification. Each tier certifies to the tier above
that it will not and has not used federal appropriated funds to pay any person or organization
for influencing or attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of Congress in
connection with obtaining any federal contract, grant or any other award covered by 31
U.S.C. 1352. Each tier must also disclose any lobbying with non-federal funds that takes
place in connection with obtaining any federal award. Such disclosures are forwarded from
tier to tier up to the non-federal award.
10)Procurement of recovered materials – As required by 2 CFR 200.323, a non-federal entity
that is a state agency or agency of a political subdivision of a state and its contractors must
comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act. The requirements of Section 6002 include procuring only
DHS-FEMA-HSGP-SHSP-FY22 Page 15 of 43 Jefferson County, E23-090
items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part
247 that contain the highest percentage of recovered materials practicable, consistent with
maintaining a satisfactory level of competition, where the purchase price of the item exceeds
$10,000 or the value of the quantity acquired during the preceding fiscal year exceeded
$10,000; procuring solid waste management services in a manner that maximizes energy
and resource recovery; and establishing an affirmative procurement program for
procurement of recovered materials identified in the EPA guidelines.
11)Notice of federal awarding agency requirements and regulations pertaining to reporting.
12)Federal awarding agency requirements and regulations pertaining to copyrights and rights in
data.
13)Access by the Department, the Subrecipient, the federal awarding agency, the Comptroller
General of the United States, or any of their duly authorized representatives to any books,
documents, papers, and records of the contractor which are directly pertinent to that specific
contract for the purpose of making audit, examination, excerpts, and transcriptions.
14)Retention of all required records for six years after the Subrecipient has made final payments
and all other pending matters are closed.
15)Mandatory standards and policies relating to energy efficiency which are contained in the
state energy conservation plan issued in compliance with the Energy Policy and
Conservation Act (Pub. L. 94–163, 89 Stat. 871).
16)Pursuant to Executive Order 13858 “Strengthening Buy-American Preferences for
Infrastructure Projects,” and as appropriate and to the extent consistent with law, the non-
Federal entity should, to the greatest extent practicable under a Federal award, provide a
preference for the purchase, acquisition, or use of goods, products, or materials produced in
the United States, as required in 2 CFR Part 200.322, in every contract, subcontract,
purchase order, or sub-award that is chargeable against federal financial assistance awards.
17)Per 2 C.F.R. § 200.216, prohibitions regarding certain telecommunications and video
surveillance services or equipment are mandated by section 889 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (FY 2019 NDAA), Pub. L. No. 115-
232 (2018).
b.The Department reserves the right to review the Subrecipient’s procurement plans and
documents and require the Subrecipient to make changes to bring its plans and documents into
compliance with the requirements of 2 CFR Part 200.317 through 200.327. The Subrecipient
must ensure that its procurement process requires contractors and subcontractors to provide
adequate documentation with sufficient detail to support the costs of the project and to allow both
the Subrecipient and Department to make a determination on eligibility of project costs.
c.All contracting agreements entered into pursuant to this Agreement shall incorporate this
Agreement by reference.
A.11 DISCLOSURE
The use or disclosure by any party of any information concerning the Department for any purpose not
directly connected with the administration of the Department’s or the Subrecipient’s responsibilities with
respect to services provided under this Agreement is prohibited except by prior written consent of the
Department or as required to comply with the state Public Records Act, other law or court order.
A.12 DISPUTES
Except as otherwise provided in this Agreement, when a bona fide dispute arises between the parties
and it cannot be resolved through discussion and negotiation, either party may request a dispute
resolution board to resolve the dispute. A request for a dispute resolution board shall be in writing, state
the disputed issues, state the relative positions of the parties, and be sent to all parties. The board shall
consist of a representative appointed by the Department, a representative appointed by the Subrecipient
and a third party mutually agreed upon by both parties. The determination of the dispute resolution board
shall be final and binding on the parties hereto. Each party shall bear the cost for its member of the
dispute resolution board and its attorney fees and costs and share equally the cost of the third board
member.
DHS-FEMA-HSGP-SHSP-FY22 Page 16 of 43 Jefferson County, E23-090
A.13 LEGAL RELATIONS
It is understood and agreed that this Agreement is solely for the benefit of the parties to the Agreement
and gives no right to any other party. No joint venture or partnership is formed as a result of this
Agreement.
To the extent allowed by law, the Subrecipient, its successors or assigns, will protect, save and hold
harmless the Department, the state of Washington, and the United States Government and their
authorized agents and employees, from all claims, actions, costs, damages or expenses of any nature
whatsoever by reason of the acts or omissions of the Subrecipient, its subcontractors, subrecipients,
assigns, agents, contractors, consultants, licensees, invitees, employees or any person whomsoever
arising out of or in connection with any acts or activities authorized by this Agreement.
To the extent allowed by law, the Subrecipient further agrees to defend the Department and the state of
Washington and their authorized agents and employees in any litigation; including payment of any costs
or attorneys' fees for any claims or action commenced thereon arising out of or in connection with acts
or activities authorized by this Agreement.
This obligation shall not include such claims, costs, damages or expenses which may be caused by the
sole negligence of the Department; provided, that if the claims or damages are caused by or result from
the concurrent negligence of (1) the Department, and (2) the Subrecipient, its agents, or employees, this
indemnity provision shall be valid and enforceable only to the extent of the negligence of the Subrecipient,
or the Subrecipient's agents or employees.
Insofar as the funding source, FEMA, is an agency of the Federal government, the following shall apply:
44 CFR 206.9 Non-liability. The Federal government shall not be liable for any claim based upon the
exercise or performance of, or the failure to exercise or perform a discretionary function or duty on the
part of a federal agency or an employee of the Federal government in carrying out the provisions of the
Stafford Act.
A.14 LIMITATION OF AUTHORITY – AUTHORIZED SIGNATURE
The signatories to this Agreement represent that they have the authority to bind their respective
organizations to this Agreement. Only the Department’s Authorized Signature representative and the
Authorized Signature representative of the Subrecipient or Alternate for the Subrecipient, formally
designated in writing, shall have the express, implied, or apparent authority to alter, amend, modify, or
waive any clause or condition of this Agreement. Any alteration, amendment, modification, or waiver of
any clause or condition of this Agreement is not effective or binding unless made in writing and signed
by both parties’ Authorized Signature representatives, except as provided for time extensions in Article
A.3.
Further, only the Authorized Signature representative or Alternate for the Subrecipient shall have
signature authority to sign reimbursement requests, time extension requests, amendment and
modification requests, requests for changes to projects or work plans, and other requests, certifications
and documents authorized by or required under this Agreement.
A.15 LOSS OR REDUCTION OF FUNDING
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
after the effective date of this Agreement and prior to normal completion or end date, the Department
may unilaterally reduce the work plan and budget or unilaterally terminate all or part of the Agreement as
a “Termination for Cause” without providing the Subrecipient an opportunity to cure. Alternatively, the
parties may renegotiate the terms of this Agreement under “Amendments and Modifications” to comply
with new funding limitations and conditions, although the Department has no obligation to do so.
A.16 NONASSIGNABILITY
Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by
the Subrecipient.
A.17 NONDISCRIMINATION
During the performance of this agreement, the Subrecipient shall comply with all federal and state
nondiscrimination statutes and regulations. These requirements include, but are not limited to:
a.Nondiscrimination in Employment: The Contractor shall not discriminate against any employee or
applicant for employment because of race, color, sex, sexual orientation, religion, national origin,
creed, marital status, age, Vietnam era or disabled veterans status, or the presence of any sensory,
DHS-FEMA-HSGP-SHSP-FY22 Page 17 of 43 Jefferson County, E23-090
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 indemnify and hold
the Department, the state of Washington, and the United States government harmless from any and all
causes of action arising from the ownership and operation of the project.
A.21 POLITICAL ACTIVITY
No portion of the funds provided herein shall be used for any partisan political activity or to further the
election or defeat of any candidate for public office or influence the approval or defeat of any ballot issue.
A.22 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION
The assistance provided under this Agreement shall not be used in payment of any bonus or commission
for the purpose of obtaining approval of the application for such assistance or any other approval or
concurrence under this Agreement provided, however, that reasonable fees or bona fide technical
consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if
otherwise eligible as project costs.
A.23 PUBLICITY
The Subrecipient agrees to submit to the Department prior to issuance all advertising and publicity
matters relating to this Agreement wherein the Department’s name is mentioned, or language used from
which the connection of the Department’s name may, in the Department’s judgment, be inferred or
implied. The Subrecipient agrees not to publish or use such advertising and publicity matters without the
prior written consent of the Department. The Subrecipient may copyright original work it develops in the
course of or under this Agreement; however, pursuant to 2 CFR Part 200.315, FEMA reserves a royalty-
free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize
others to use the work for government purposes.
Publication resulting from work performed under this Agreement shall include an acknowledgement of
FEMA’s financial support, by the Assistance Listings Number (formerly CFDA Number), and a statement
that the publication does not constitute an endorsement by FEMA or reflect FEMA’s views.
A.24 RECAPTURE PROVISION
In the event the Subrecipient fails to expend funds under this Agreement in accordance with applicable
federal, state, and local laws, regulations, and/or the provisions of the Agreement, the Department
reserves the right to recapture funds in an amount equivalent to the extent of noncompliance. Such right
DHS-FEMA-HSGP-SHSP-FY22 Page 18 of 43 Jefferson County, E23-090
of recapture shall exist for the life of the project following Agreement termination. Repayment by the
Subrecipient of funds under this recapture provision shall occur within 30 days of demand. In the event
the Department is required to institute legal proceedings to enforce the recapture provision, the
Department shall be entitled to its costs and expenses thereof, including attorney fees from the
Subrecipient.
A.25 RECORDS
a. The Subrecipient agrees to maintain all books, records, documents, receipts, invoices and all
other electronic or written records necessary to sufficiently and properly reflect the Subrecipient's
contracts, subawards, grant administration, and payments, including all direct and indirect
charges, and expenditures in the performance of this Agreement (the “records”).
b. The Subrecipient's records related to this Agreement and the projects funded may be inspected
and audited by the Department or its designee, by the Office of the State Auditor, DHS, FEMA or
their designees, by the Comptroller General of the United States or its designees, or by other
state or federal officials authorized by law, for the purposes of determining compliance by the
Subrecipient with the terms of this Agreement and to determine the appropriate level of funding
to be paid under the Agreement.
c.The records shall be made available by the Subrecipient for such inspection and audit, together
with suitable space for such purpose, at any and all times during the Subrecipient's normal
working day.
d. The Subrecipient shall retain and allow access to all records related to this Agreement and the
funded project(s) for a period of at least six (6) years following final payment and closure of the
grant under this Agreement. Despite the minimum federal retention requirement of three (3) years,
the more stringent State requirement of six (6) years must be followed.
A.26 RESPONSIBILITY FOR PROJECT/STATEMENT OF WORK/WORK PLAN
While the Department undertakes to assist the Subrecipient with the project/statement of work/work plan
(project) by providing federal award funds pursuant to this Agreement, the project itself remains the sole
responsibility of the Subrecipient. The Department undertakes no responsibility to the Subrecipient, or to
any third party, other than as is expressly set out in this Agreement.
The responsibility for the design, development, construction, implementation, operation and maintenance
of the project, as these phrases are applicable to this project, is solely that of the Subrecipient, as is
responsibility for any claim or suit of any nature by any third party related in any way to the project.
Prior to the start of any construction activity, the Subrecipient shall ensure that all applicable federal,
state, and local permits and clearances are obtained, including, but not limited to, FEMA compliance with
the National Environmental Policy Act, the National Historic Preservation Act, the Endangered Species
Act, and all other environmental laws, regulations, and executive orders.
The Subrecipient shall defend, at its own cost, any and all claims or suits at law or in equity, which may
be brought against the Subrecipient in connection with the project. The Subrecipient shall not look to the
Department, or to any state or federal agency, or to any of their employees or agents, for any
performance, assistance, or any payment or indemnity, including, but not limited to, cost of defense
and/or attorneys’ fees, in connection with any claim or lawsuit brought by any third party related to any
design, development, construction, implementation, operation and/or maintenance of a project.
A.27 SEVERABILITY
If any court of rightful jurisdiction holds any provision or condition under this Agreement or its application
to any person or circumstances invalid, this invalidity does not affect other provisions, terms or conditions
of the Agreement, which can be given effect without the invalid provision. To this end, the terms and
conditions of this Agreement are declared severable.
A.28 SINGLE AUDIT ACT REQUIREMENTS (including all AMENDMENTS)
The Subrecipient shall comply with and include the following audit requirements in any subawards.
Non-federal entities, as Subrecipients of a federal award, that expend $750,000 or more in one fiscal
year of federal funds from all sources, direct and indirect, are required to have a single or a program-
specific audit conducted in accordance with 2 CFR Part 200 Subpart F. Non-federal entities that spend
less than $750,000 a year in federal awards are exempt from federal audit requirements for that year,
except as noted in 2 CFR Part 200 Subpart F. As defined in 2 CFR Part 200, the term “non-federal entity”
DHS-FEMA-HSGP-SHSP-FY22 Page 19 of 43 Jefferson County, E23-090
means a state, local government, Indian tribe, institution of higher education, or nonprofit organization
that carries out a federal award as a recipient or subrecipient.
Subrecipients that are required to have an audit must ensure the audit is performed in accordance with
Generally Accepted Government Auditing Standards (GAGAS) as found in the Government Auditing
Standards (the Revised Yellow Book) developed by the United States Comptroller General and the OMB
Compliance Supplement. The Subrecipient has the responsibility of notifying its auditor and requesting
an audit in compliance with 2 CFR Part 200 Subpart F, to include the Washington State Auditor’s Office,
a federal auditor, or a public accountant performing work using GAGAS, as appropriate. Costs of the
audit may be an allowable grant expenditure as authorized by 2 CFR Part 200.425.
The Subrecipient shall maintain auditable records and accounts so as to facilitate the audit requirement
and shall ensure that any subcontractors also maintain auditable records. The Subrecipient is responsible
for any audit exceptions incurred by its own organization or that of its subcontractors. Responses to any
unresolved management findings and disallowed or questioned costs shall be included with the audit
report. The Subrecipient must respond to Department requests for information or corrective action
concerning audit issues or findings within 30 days of the date of request. The Department reserves the
right to recover from the Subrecipient all disallowed costs resulting from the audit.
After the single audit has been completed, and if it includes any audit findings, the Subrecipient must
send a full copy of the audit and its Corrective Action Plan to the Department at the following address no
later than nine (9) months after the end of the Subrecipient’s fiscal year(s):
Contracts Office
Washington Military Department
Finance Division, Building #1 TA-20
Camp Murray, WA 98430-5032
OR
Contracts.Office@mil.wa.gov
The Department retains the sole discretion to determine whether a valid claim for an exemption from the
audit requirements of this provision has been established.
Conducting a single or program-specific audit in compliance with 2 CFR Part 200 Subpart F is a material
requirement of this Agreement. In the absence of a valid claim of exemption from the audit requirements
of 2 CFR Part 200 Subpart F, the Subrecipient’s failure to comply with said audit requirements may result
in one or more of the following actions in the Department’s sole discretion: a percentage of federal awards
being withheld until the audit is completed in accordance with 2 CFR Part 200 Subpart F; the withholding
or disallowing of overhead costs; the suspension of federal awards until the audit is conducted and
submitted; or termination of the federal award.
A.29 SUBRECIPIENT NOT EMPLOYEE
The Subrecipient, and/or employees or agents performing under this Agreement, are not employees or
agents of the Department in any manner whatsoever. The Subrecipient will not be presented as nor
claim to be an officer or employee of the Department or of the State of Washington by reason hereof, nor
will the Subrecipient make any claim, demand, or application to or for any right, privilege or benefit
applicable to an officer or employee of the Department or of the State of Washington, including, but not
limited to, Workers’ Compensation coverage, unemployment insurance benefits, social security benefits,
retirement membership or credit, or privilege or benefit which would accrue to a civil service employee
under Chapter 41.06 RCW; OFM Reg. 4.3.1.1.8.
It is understood that if the Subrecipient is another state department, state agency, state university, state
college, state community college, state board, or state commission, that the officers and employees are
employed by the State of Washington in their own right.
If the Subrecipient is an individual currently employed by a Washington State agency, the Department
shall obtain proper approval from the employing agency or institution before entering into this contract.
A statement of "no conflict of interest" shall be submitted to the Department.
A.30 TAXES, FEES AND LICENSES
Unless otherwise provided in this Agreement, the Subrecipient shall be responsible for, pay and maintain
in current status all taxes, unemployment contributions, fees, licenses, assessments, permit charges and
DHS-FEMA-HSGP-SHSP-FY22 Page 20 of 43 Jefferson County, E23-090
expenses of any other kind for the Subrecipient or its staff required by statute or regulation that are
applicable to Agreement performance.
A.31 TERMINATION FOR CONVENIENCE
Notwithstanding any provisions of this Agreement, the Subrecipient may terminate this Agreement by
providing written notice of such termination to the Department Key Personnel identified in the Agreement,
specifying the effective date thereof, at least thirty (30) days prior to such date.
Except as otherwise provided in this Agreement, the Department, in its sole discretion and in the best
interests of the state of Washington, may terminate this Agreement in whole or in part ten (10) business
days after emailing notice to the Subrecipient. Upon notice of termination for convenience, the
Department reserves the right to suspend all or part of the Agreement, withhold further payments, or
prohibit the Subrecipient from incurring additional obligations of funds. In the event of termination, the
Subrecipient shall be liable for all damages as authorized by law. The rights and remedies of the
Department provided for in this section shall not be exclusive and are in addition to any other rights and
remedies provided by law.
A.32 TERMINATION OR SUSPENSION FOR LOSS OF FUNDING
The Department may unilaterally terminate or suspend all or part of this Grant Agreement, or may reduce
its scope of work and budget, if there is a reduction in funds by the source of those funds, and if such
funds are the basis for this Grant Agreement. The Department will email the Subrecipient ten (10)
business days prior to termination.
A.33 TERMINATION OR SUSPENSION FOR CAUSE
In the event the Department, in its sole discretion, determines the Subrecipient has failed to fulfill in a
timely and proper manner its obligations under this Agreement, is in an unsound financial condition so
as to endanger performance hereunder, is in violation of any laws or regulations that render the
Subrecipient unable to perform any aspect of the Agreement, or has violated any of the covenants,
agreements or stipulations of this Agreement, the Department has the right to immediately suspend or
terminate this Agreement in whole or in part.
The Department may notify the Subrecipient in writing of the need to take corrective action and provide
a period of time in which to cure. The Department is not required to allow the Subrecipient an opportunity
to cure if it is not feasible as determined solely within the Department’s discretion. Any time allowed for
cure shall not diminish or eliminate the Subrecipient’s liability for damages or otherwise affect any other
remedies available to the Department. If the Department allows the Subrecipient an opportunity to cure,
the Department shall notify the Subrecipient in writing of the need to take corrective action. If the
corrective action is not taken within ten (10) calendar days or as otherwise specified by the Department,
or if such corrective action is deemed by the Department to be insufficient, the Agreement may be
terminated in whole or in part.
The Department reserves the right to suspend all or part of the Agreement, withhold further payments,
or prohibit the Subrecipient from incurring additional obligations of funds during investigation of the
alleged compliance breach, pending corrective action by the Subrecipient, if allowed, or pending a
decision by the Department to terminate the Agreement in whole or in part.
In the event of termination, the Subrecipient shall be liable for all damages as authorized by law, including,
but not limited to, any cost difference between the original Agreement and the replacement or cover
Agreement and all administrative costs directly related to the replacement Agreement, e.g., cost of
administering the competitive solicitation process, mailing, advertising and other associated staff time.
The rights and remedies of the Department provided for in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law.
If it is determined that the Subrecipient: (1) was not in default or material breach, or (2) failure to perform
was outside of the Subrecipient’s control, fault or negligence, the termination shall be deemed to be a
termination for convenience.
A.34 TERMINATION PROCEDURES
In addition to the procedures set forth below, if the Department terminates this Agreement, the
Subrecipient shall follow any procedures specified in the termination notice. Upon termination of this
Agreement and in addition to any other rights provided in this Agreement, the Department may require
DHS-FEMA-HSGP-SHSP-FY22 Page 21 of 43 Jefferson County, E23-090
the Subrecipient to deliver to the Department any property specifically produced or acquired for the
performance of such part of this Agreement as has been terminated.
If the termination is for convenience, the Department shall pay to the Subrecipient as an agreed upon
price, if separately stated, for properly authorized and completed work and services rendered or goods
delivered to and accepted by the Department prior to the effective date of Agreement termination, the
amount agreed upon by the Subrecipient and the Department for (i) completed work and services and/or
equipment or supplies provided for which no separate price is stated, (ii) partially completed work and
services and/or equipment or supplies provided which are accepted by the Department, (iii) other work,
services and/or equipment or supplies which are accepted by the Department, and (iv) the protection and
preservation of property.
Failure to agree with such amounts shall be a dispute within the meaning of the "Disputes" clause of this
Agreement. If the termination is for cause, the Department shall determine the extent of the liability of the
Department. The Department shall have no other obligation to the Subrecipient for termination. The
Department may withhold from any amounts due the Subrecipient such sum as the Department
determines to be necessary to protect the Department against potential loss or liability.
The rights and remedies of the Department provided in this Agreement shall not be exclusive and are in
addition to any other rights and remedies provided by law.
After receipt of a notice of termination, and except as otherwise directed by the Department in writing,
the Subrecipient shall:
a.Stop work under the Agreement on the date, and to the extent specified, in the notice;
b.Place no further orders or contracts for materials, services, supplies, equipment and/or facilities
in relation to this Agreement except as may be necessary for completion of such portion of the
work under the Agreement as is not terminated;
c.Assign to the Department, in the manner, at the times, and to the extent directed by the
Department, all of the rights, title, and interest of the Subrecipient under the orders and contracts
so terminated, in which case the Department has the right, at its discretion, to settle or pay any
or all claims arising out of the termination of such orders and contracts;
d.Settle all outstanding liabilities and all claims arising out of such termination of orders and
contracts, with the approval or ratification of the Department to the extent the Department may
require, which approval or ratification shall be final for all the purposes of this clause;
e.Transfer title to the Department and deliver in the manner, at the times, and to the extent directed
by the Department any property which, if the Agreement had been completed, would have been
required to be furnished to the Department;
f.Complete performance of such part of the work as shall not have been terminated by the
Department in compliance with all contractual requirements; and
g. Take such action as may be necessary, or as the Department may require, for the protection and
preservation of the property related to this Agreement which is in the possession of the
Subrecipient and in which the Department has or may acquire an interest.
A.35 MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES
In accordance with the legislative findings and policies set forth in Chapter 39.19 RCW, the State of
Washington encourages participation in all its contracts by MWBE firms certified by the Office of Minority
and Women’s Business Enterprises (OMWBE). To the extent possible, the Subrecipient will solicit and
encourage minority-owned and women-owned business enterprises who are certified by the OMWBE
under the state of Washington certification program to apply and compete for work under this contract.
Voluntary numerical MWBE participation goals have been established, and are indicated herein: Minority
Business Enterprises: (MBE’s): 10% and Woman’s Business Enterprises (WBE’s): 6%.
A.36 VENUE
This Agreement shall be construed and enforced in accordance with, and the validity and performance
shall be governed by, the laws of the state of Washington. Venue of any suit between the parties arising
out of this Agreement shall be the Superior Court of Thurston County, Washington. The Subrecipient, by
execution of this Agreement, acknowledges the jurisdiction of the courts of the state of Washington.
DHS-FEMA-HSGP-SHSP-FY22 Page 22 of 43 Jefferson County, E23-090
A.37 WAIVERS
No conditions or provisions of this Agreement can be waived unless approved in advance by the
Department in writing. The Department's failure to insist upon strict performance of any provision of the
Agreement or to exercise any right based upon a breach thereof, or the acceptance of any performance
during such breach, shall not constitute a waiver of any right under this Agreement.
DHS-FEMA-HSGP-SHSP-FY22 Page 23 of 43 Jefferson County, E23-090
Attachment C
22HSGP Award Letter
EMW-2022-SS-00056-S01
DHS-FEMA-HSGP-SHSP-FY22 Page 24 of 43 Jefferson County, E23-090
DHS-FEMA-HSGP-SHSP-FY22 Page 25 of 43 Jefferson County, E23-090
DHS-FEMA-HSGP-SHSP-FY22 Page 26 of 43 Jefferson County, E23-090
DHS-FEMA-HSGP-SHSP-FY22 Page 27 of 43 Jefferson County, E23-090
DHS-FEMA-HSGP-SHSP-FY22 Page 28 of 43 Jefferson County, E23-090
DHS-FEMA-HSGP-SHSP-FY22 Page 29 of 43 Jefferson County, E23-090
DHS-FEMA-HSGP-SHSP-FY22 Page 30 of 43 Jefferson County, E23-090
DHS-FEMA-HSGP-SHSP-FY22 Page 31 of 43 Jefferson County, E23-090
DHS-FEMA-HSGP-SHSP-FY22 Page 32 of 43 Jefferson County, E23-090
DHS-FEMA-HSGP-SHSP-FY22 Page 33 of 43 Jefferson County, E23-090
DHS-FEMA-HSGP-SHSP-FY22 Page 34 of 43 Jefferson County, E23-090
DHS-FEMA-HSGP-SHSP-FY22 Page 35 of 43 Jefferson County, E23-090
DHS-FEMA-HSGP-SHSP-FY22 Page 36 of 43 Jefferson County, E23-090
DHS-FEMA-HSGP-SHSP-FY22 Page 37 of 43 Jefferson County, E23-090
DHS-FEMA-HSGP-SHSP-FY22 Page 38 of 43 Jefferson County, E23-090
Attachment D-1
22SHSP Investment Justification
Washington is comprised of 39 counties with geography including forests, mountains, islands, rainforests, rivers, lakes, and
plains. The U.S. Bureau of Economic Analysis ranked Washington 8 of 50 states for gross domestic product in 2021; several
world-class organizations headquarter their operations within the state. Washington has marine, aviation, rail, and road
transportation infrastructure to support its position as a bustling trade center. Over half of Washington's 7.77 million
population lives in the Seattle metropolitan area located along the Puget Sound. This area is the center of transportation,
business, and industry and is the fastest growing region in the state. A vast majority of the state’s population lives in densely
settled urbanized areas. Understanding Washington’s population is critical in order to mitigate vulnerabilities, respond to
incidents, and effectively concentrate recovery efforts.
Furthermore, Washington is subject to 10 natural and 7 human-caused hazards. The THIRA focuses on eight of those risks:
cyber attack, earthquake, explosive devices (terrorism), flood, hazmat release (radiological), pandemic- human (biological),
tsunami, and wildland fire. The 2022 Washington State Risk Profile scored the state’s relative risk as 8.77, ranking it as the
12th highest at-risk state. Washington State has consistently had a high relative risk score (ranked in the top 25% of states for
the past seven years) and must be prepared to prevent, respond to, mitigate, and recover from acts of terrorism.
The FY22 projects were selected to build upon or sustain a range of Core Capabilities identified in the 2021 SPR as having
significant gaps as well as to support the six National Priority Areas. The investments support the Planning, Organization,
Equipment, Training, and Exercise solution areas with a focus in the following Core Capabilities: Access Control & Identity
Verification; Community Resilience; Critical Transportation; Cybersecurity; Forensics & Attribution; Infrastructure Systems;
Interdiction & Disruption; Logistics & Supply Chain Management; Mass Care Services; Mass Search & Rescue Operations; On-
Scene Security, Protection, & Law Enforcement; Operational Communications; Operational Coordination; Physical Protective
Measures; Planning; Public Health, Healthcare, & Emergency Medical Services; Public Information & Warning; Screening,
Search, & Detection; Situational Assessment; and Supply Chain Integrity & Security.
Region 2 terrorist targets include:
Military facilities
County fairs
Festivals, markets, convention center, golf clubs, and other large public venues
Critical transportation infrastructure
Transportation hubs (ferry, bus terminals, bridges, etc.)
DHS-FEMA-HSGP-SHSP-FY22 Page 39 of 43 Jefferson County, E23-090
Attachment D-2
22SHSP ENDURING NEEDS SUBPROJECTS WORK PLAN
Jefferson County Department of Emergency Management (DEM)
ENDURING NEEDS AMOUNT $32,006
Investment #1: WA SHSP Sustainment
The State is divided into 9 Regions which differ in geography (marine to desert), major industry (large business to agricultural),
and population (dense urban settings to rural). Each region develops projects to address their specific risks and hazards which
sustain previously built capabilities or close identified gaps. Most initiatives can be tied back to building regional capability to
prevent, protect, respond, and recover and be in a state of readiness should a natural or human-caused catastrophic incident
occur.
Gaps identified in: -Community Resilience: Need to incorporate equity and social justice and access and functional needs -
Critical Transportation: Transportation needed for the delivery of vital response personnel, equipment, and services into the
affected areas -Cybersecurity: Lack of a vulnerability analysis, outdated servers and workstations -Interdiction & Disruption:
Special teams do not have access to updated equipment -Infrastructure Systems: Lack of proper network access to link to
remote city/county facilities -Mass Care Services: Lack of adequate mass care facilities, lack of local mass care volunteers and
training opportunities -Mass SAR Operations: Need to train responders to the Structural Collapse Tech Level, lack of heavy
lifting/shoring and cutting/breaching rescue equipment -On-Scene Security, Protection, & LE: Lack of local funding to maintain
and replace aging and/or expiring equipment and PPE -Operational Comms: Geographical challenges and changes in
communications technology hamper the reliability of communications -Operational Coord: Lack of regional coordination to
prioritize projects, connect partners, and share products -Physical Protective Measures: Lack of surveillance cameras and
alarm systems in local jurisdictions -Planning: ESF plans are out of date, lack of updated continuity plans -Public Information &
Warning: Lack of robust public education campaigns, lack of reliable and consistent messaging -Screening, Search, &
Detection Lack of screening and monitoring equipment for large public festivals and events within local jurisdictions -
Situational Assessment: Lack of common operating picture and information sharing.
EN PROJECT #2: SHSP Region 2- Homeland Security Project
Region 2 will prioritize subprojects based on numerous regionally identified gaps. Specific gaps include Planning due to the
loss of staff to develop plans; Public Information & Warning due to the lack of robust public education campaigns and the
need to incorporate equity, social justice and access and functional needs into outreach efforts; Operational Coordination due
to inability to use the primary and only EOC due to COVID proximity concern and the pandemic causing the loss of many
training opportunities for EOC personnel; Screening, Search, & Detection due to the lack of screening and monitoring
equipment in public buildings; Community Resilience due to COVID causing cancellation or postponement of outreach
programs and disengagement in the public; and Mass Care Services due to the lack of adequate mass care facilities.
Through planning, organization, equipment, and training activities will include: Planning: Create an exercise planning cycle.
Public Information & Warning: Purchase effective software tools, create and print new outreach materials, and deliver
presentations at numerous outreach events. Operational Coordination: Acquire necessary equipment and technology for
remote or alternate location operations, train EOC partners, stakeholders, and the public, and improve coordination of the
local Incident Management Team. Screening, Search, & Detection: Purchase and install screening and monitoring equipment
in a local courthouse and purchase license plate readers for law enforcement use. Community Resilience: Facilitate numerous
outreach campaigns, update the Vulnerable Populations/Whole Community Support Plan, and continue to coordinate CERT
training and team creation throughout the region. Mass Care Services: Develop mass care plans as well as independent
shelter capabilities. The funding priorities specified above will support the region in its effort to reduce identified capability
gaps related to terrorist-related risks which will improve the region’s ability to identify, prevent, and respond to a terrorist
threat.
SUBPROJECT #1 Jefferson County IMT
CORE CAPABILITIES
Operational Coordination (EN & All NPAs) Core Capability #1
Sustaining or Enhancing? Sustaining
SOLUTION AREAS
PLANNING ORGANIZATION EQUIPMENT TRAINING EXER
CISE TOTAL
$21,821.00 $0.00 $0.00 $0.00 $0.0
0 $21,821.00
GAP(S) IDENTIFIED
DHS-FEMA-HSGP-SHSP-FY22 Page 40 of 43 Jefferson County, E23-090
Operational Coordination Planning gap: Lack of adequate planning -SPR p. 33
ACTIVITIES TO BE PERFORMED
-Continued development of Jefferson County's local Incident Management Team, including both volunteer support and
professional partner organization representation. Activities include monthly coordination meeting w/information sharing,
skills development, team building, and/or training/exercise.
-Development of broader annual training/exercise plan and delivery of said training/exercises
-Update of each Emergency Support Function activation checklist
-Update of disaster-specific Emergency Operation Guides (EOGs)
-Continued coordination of credentialing/badging system
-Continued recruitment, engagement, training, and retention of new IMT volunteers
ASSOCIATED DELIVERABLES/OUTPUTS (IMMEDIATE)
Improved coordination of and recruitment for IMT, an annual training/exercise plan, updated EOGs and position checklists,
and progress in credential/badging system project as well as IMT participation in the update of the JeffCo CEMP in 2023.
DESIRED OUTCOMES (INTERMEDIATE AND LONG-TERM)
A local Emergency Operations Center team with adequate staffing for multiple shifts (ultimate goal of 3 capable individuals
identified for each position within the EOC), able to respond to a spectrum of complex incidents.
NEXUS TO TERRORISM
The Jefferson IMT focuses on all-hazards response capabilities, including but not limited to terrorism. However, two IMT
meetings per year will focus on terrorism or terrorism-related issues, including but not limited to election security,
cybersecurity, and civil unrest.
SUBPROJECT #2 Public Information & Outreach
CORE CAPABILITIES
Public Information & Warning (EN & All NPAs) Core Capability #1
Sustaining or Enhancing? Sustaining
Community Resilience (EN) Core Capability #2 (optional)
Sustaining or Enhancing? Sustaining
SOLUTION AREAS
PLANNING ORGANIZATION EQUIPMENT TRAINING EXERCISE TOTAL
$7,185.00 $3,000.00 $0.00 $0.00 $0.00 $10,185.00
GAP(S) IDENTIFIED
Public Information and Warning Planning gap: Lack of robust Public Ed campaigns -SPR p.20; Organization gap: Lack of
adequate sign-ups for mass notification system and the need for continued funding for our Mass Notification System.
ACTIVITIES TO BE PERFORMED
Continued development of DEM's outreach and education programming, which includes training for Neighborhood
Preparedness (NPREP- our local organized emergency preparedness groups), CERT program, the All County Picnic (the largest,
annual disaster outreach event), and ongoing messaging about preparedness and hazards.
ASSOCIATED DELIVERABLES/OUTPUTS (IMMEDIATE)
Delivery of the All County Picnic outreach event/resilience celebration with 1k+ in attendance; delivery of CERT training for at
least 200 Jefferson County citizens; training in Map Your Neighborhood/2 Weeks Ready/30 Days Ready for NPREP organized
neighborhoods; ongoing messaging and outreach on emergency hazards, including severe weather and other emergent
events.
DESIRED OUTCOMES (INTERMEDIATE AND LONG-TERM)
Approx. 10% more subscribers to Jefferson's subscription-based text alert service; an overall more informed, well-prepared
community.
NEXUS TO TERRORISM
CERT curriculum contains a terrorism segment and preparedness messaging from JeffCo DEM focuses on all-hazards
preparedness, but also includes specific outreach materials on nuclear preparedness, hazmat, cybersecurity, and other
terrorism adjacent issues.
DHS-FEMA-HSGP-SHSP-FY22 Page 41 of 43 Jefferson County, E23-090
Attachment D-3
The Subrecipient has not been allocated National Priority Area funding under this Agreement, so there is no
associated Work Plan.
DHS-FEMA-HSGP-SHSP-FY22 Page 42 of 43 Jefferson County, E23-090
Attachment E
22SHSP Budget
Jefferson County Department of Emergency Management (DEM)
AGREEMENT AMOUNT $32,006
AMOUNT
LETPA $8,000.00
25% of the agreement total
PERSONNEL $29,006.00
91% of the agreement total
M&A $0.00
0% of the agreement total
Sustainment Subproject(s)
AMOUNT
SUBPROJECT #1 Jefferson County IMT $21,821.00
SUBPROJECT #2 Public Information & Outreach $10,185.00
M&A $0.00
SUBTOTAL $32,006.00
INDIRECT $0.00
TOTAL $32,006.00
DHS-FEMA-HSGP-SHSP-FY22 Page 43 of 43 Jefferson County, E23-090
Attachment F
22SHSP TIMELINE
Jefferson County Department of Emergency Management (DEM)
DATE TASK
September 1, 2022 Grant Agreement Start Date
January 2023 Estimated date work scheduled for one or more subprojects/projects
NLT January 31, 2023 Submit proof of completion of Nationwide Cybersecurity Review (NCSR) - NCSR
system closes February 28, 2023
April 30, 2023 Submit Reimbursement Request and Progress Report
July 31, 2023 Submit Reimbursement Request and Progress Report
October 31, 2023 Submit Reimbursement Request and Progress Report
January 31, 2024 Submit Reimbursement Request and Progress Report
April 30, 2024 Submit Reimbursement Request and Progress Report
July 31, 2024 Grant Agreement End Date
September 14, 2024 Submit Final Reimbursement Request and Closeout Report
HSGP Performance Period: September 1, 2022, to August 31, 2025
SIGNATURE AUTHORIZATION FORM
WASHINGTON STATE MILITARY DEPARTMENT
Camp Murray, Washington 98430-5122
Please read instructions on reverse side before comoleting this form.
NAME OF ORGANIZATION DATE SUBMITTED
Jefferson County Department of Emergency Management mJI di-\ 3)-;J3 PROJECT DESCRIPTION CONT RAC NUMBER
Homeland Security Grant Program (SHSP)
E23-090
1.AUTHORIZING AUTHORITY
S!GfNATURF -PRINT OR TYPE NAME TITLE/TERM OF OFFICE
Greg Brotherton Chair-BOCC
...___,,
2.AUTHORl�ED TO SIGN CONTRACTS/CONTRACT AMENDMENTS
'SLGNA,ITURE )¼1 !\
\. I -
PRINT OR TYPE NAME
Greg Brotherton
3.AUTHORIZED TO SIGN REQUESTS FOR REIMBURSEMENT
SIGNATURE PRINT OR TYPE NAME Llrk--
�\AA-f�R�dk
\\NAC-1 \VOL1 \HOME\KARENB\ .... \WP\SIGNAUTH Revised 3/03
Willie Bence
Anna Piasecki
TITLE
Chair-BOCC
TITLE
Director
Program Coordinator
Washington Military Department Contract Number: E23-090
Debarment, Suspension, Ineligibility or Voluntary Exclusion Certification Form
NAME Doing business as (OBA) William Bence Jefferson County DEM
ADDRESS Applicable Procurement WA Unifomi Business Federal Employer Tax
81 Elkins Road, Port Hadlock, WA 98339 or Solicitation #, if any: Identifier (UBI) Identification #:
601-098-110 91-6001322
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. lf 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� \J/J.i
Bidder or Contractor Signature: __ l,.J=--}"-�-------------Date: 5/25/23
Print Name and Title: William Bence -Director DEM
SIGNATURE AUTHORIZATION FORM
WASHINGTON STATE MILITARY DEPARTMENT
Camp Murray, Washington 98430-5122
Please read instructions on reverse side before completing this form.
NAME OF ORGANIZATION DATE SUBMITTED
Jefferson County DEM
PROJECT DESCRIPTION CONTRACT NUMBER
2251-151
1. AUTHORIZING AUTHORITY
SIGNATURE PRINT OR TYPE NAME TITLE/TERM OF OFFICE
eCt Oe—a-/71_ Chair, BOCC
2. AUTHORIZED TO SIGN CONTRACTS/CONTRACT AMENDMENTS
SIGNATURE PRINT OR TYPE NAME TITLE
ej, 2 Chair, BOCC
3. AUTHORIZED TO SIGN REQUESTS FOR REIMBURSEMENT
SIGNATURE PRINT OR TYPE NAME TITLE
r (/ Willie Bence Director, DEM
Elena Bary Program Coordinator, DEM
\1NAC-1\VOL1\HOME\KARENB\....\W•''IGNAUTH Revised 3/03
INSTRUCTIONS FOR SIGNATURE AUTHORIZATION FORM
This form identifies the persons who have the authority to sign contracts, amendments,
and requests for reimbursement. It is required for the management of your contract with
the Military Department (MD). Please complete all sections. One copy with original
signatures is to be sent to MD with the signed contract, and the other should be kept with
your copy of the contract.
When a request for reimbursement is received, the signature is checked to verify that it
matches the signature on file. The payment can be delayed if the request is
presented without the proper signature. It is important that the signatures in MD's files
are current. Changes in staffing or responsibilities will require a new signature
authorization form.
1. Authorizing Authority. Generally, the person(s) signing in this box heads
the governing body of the organization, such as the board chair or mayor. In
some cases, the chief executive officer may have been delegated this
authority.
2. Authorized to Sign Contracts/Contract Amendments. The person(s) with
this authority should sign in this space. Usually, it is the county
commissioner, mayor, executive director, city clerk, etc.
3. Authorized to Sign Requests for Reimbursement. Often the executive
director, city clerk, treasurer, or administrative assistant have this authority.
It is advisable to have more than one person authorized to sign
reimbursement requests. This will help prevent delays in processing a
request if one person is temporarily unavailable.
If you have any questions regarding this form or to request new forms, please call your
MD Program Manager.
Consent Agenda
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Mark McCauley, County Administrator
FROM: Willie Bence, Emergency Management Director
DATE: i —i / l 0
SUBJECT: Homeland Security Grant Program Contract Agreement E23-090
STATEMENT OF ISSUE:
The Department of Emergency Management funds its four part-time clerk hires via two federal grant
programs, Emergency Management Performance Grants and Homeland Security Grant Program grants. This
Homeland Security Grant Program contract will provide a majority of the funding ($32,006)needed to
maintain our current clerk hire staffing level for another year, as well as additional funding to support the All
County Picnic, our annual outreach event, training for the Community Emergency Response Team, and
more.
ANALYSIS:
Without the HSGP, and subsequently our four clerk hires, DEM would not possess an adequate staffing
level and would not be able to maintain our current level of service to the community and our partners,
which could have catastrophic effects in the midst of a response to a major pandemic.
RECOMMENDATION:
The BOCC approve HSGP contract E23-090.in order to maintain DEM's current staffing and service
levels.
REVIEWED BY:
Z3
Mark Mc ley, County Admi strat r at
CONTRACT REVIEW FORM Clear Form
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: Washington State Emergency Management Division Contract No: E23-090
Contract For: State Homeland Security Grant Program Term: 9-1-22 to 7-31-24
COUNTY DEPARTMENT: Emergency Management
Contact Person: Willie Bence
Contact Phone: 360-316-6008
Contact email: wbence@co.jefferson.wa.us
AMOUNT: 32,006 PROCESS: _ Exempt from Bid Process
Revenue: 32,006 Cooperative Purchase
Expenditure: Competitive Sealed Bid
Matching Funds Required: N/A Small Works Roster
Sources(s)of Matching Funds ,_ Vendor List Bid
Fund # RFP or RFQ
Munis Org/Obj Other:
APPROVAL STEPS:
STEP 1: DEPARTMENT CERTIFIES COMPLIANCE WITH JCC 3.55.080 AND CHAPTER 42.23 RCW.
CERTIFIED: El N/A:El -3 0 -73
Signature Date
STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE
COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL
AGENCY. ( . �}
CERTIFIED: E N/A: `-"' o- z3
Signature Date
STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche):
Electronically approved by Risk Management on 4/3/2023.
State agreement - cannot change.
STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche):
Electronically approved as to form by PAO on 4/4/2023.
State language - cannot change.
STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND
PROSECUTING ATTORNEY(IF REQUIRED).
STEP 6: CONTRACTOR SIGNS
STEP 7: SUBMIT TO BOCC FOR APPROVAL