HomeMy WebLinkAbout000553 Original ContractThe Clallam County Sheriffs Office has received an award from the U.S. Department of Homeland Security
(DHS), Federal Emergency Management Agency (FEMA) through a contract with the Washington State Military
Department (E12 -282). Funds are to enhance the capability of state and local units of government to prevent, deter,
respond to, and recover from catastrophic and /or terrorist events through the FFY11 Operation Stonegarden Program.
This funding is being provided to enhance law enforcement preparedness and operational readiness along borders of
the United States.
As the Clallam County Sheriff's Office is the award sub recipient, it is their responsibility to report activity
required by the award on such reporting forms as required for reimbursement. This Letter of Understanding is made to
describe the funding award that shall be passed on to your agency upon receipt of approved reimbursement requests
and reporting form.
Reimbursement of expenses for approved overtime and mileage in Clallam County under the FFY2011
Stonegarden Grant Program, totaling $4530.00. Overtime: Port Angeles Police Department shall receive
reimbursement for direct costs only of overtime and fringe benefits based on Port Angeles Police Department
established overtime guidelines and policies, not to exceed $4200.00. Mileage: Port Angeles Police Department shall be
reimbursed at the federal rate of 55.5 cents per mile, not to exceed $330.00. Any other mileage submitted at a higher
rate will be reimbursed pending approval by FEMA. No reimbursements will be made for expenditures other than
overtime or travel. Port Angeles Police Department shall abide by all terms and conditions passed on to Clallam County
Sheriff's Office as per the Washington State Military Department Contract (E12 -282) attached hereto.
Port Angeles Police Department agrees to complete all reporting required by Washington State Military
Department and Clallam County Sheriffs Office and deliver that form by the deadline that shall be set by the Sheriff's
Office.
The Clallam County Sheriffs Office reserves the right to transfer funding under this Letter of Understanding to
other partner agencies if not used by Port Angeles Police Department during the grant period.
This Letter of Understanding does not affect previous agreements between Port Angeles Police Department and
the Clallam County Sheriffs Office. The life of this Letter of Understanding is dependent on the continuation of the
award from Washington State Military Department. At present, the award commenced September 1, 2011 and ends
June 30, 2014.
It is further understood that Port Angeles Police Department must submit an invoice along with pertinent
reimbursement details to the Clallam County Sheriffs Office and that Clallam County Sheriff's Office will reimburse Port
Angeles Police Department upon receipt of funds from Washington State Military Department and that payment may
take up to 90 days from the date of the invoice.
AAA Qi1A9 /C r
William L. Benedict, Sheriff
LETTER OF UNDERSTANDING BETWEEN
PORT ANGELES POLICE DEPARTMENT AND CLALLAM COUNTY SHERIFF'S OFFICE
FFY2011 STONEGARDEN GRANT PROGRAM OVERTIME /MILEAGE
Port Angeles Police Department
Date 3 22 2
City of Port Angeles
Record #000553
Date a
Rev. 2/21/13
1. Sub-grantee Name and Address:
Clallam County Sheriff's Office
223 East 4' Street, Suite 12
Port Angeles, WA 98362 -3000
4. Sub Contact, phone number.
Chris Clark (360) 417 -2260
cclarkcco.cialiam.wa.us
7. Department Program Manager, phone:
Sierra Wardell, 253 512 7121
10. Funding Authority:
15. Service Districts: 16.
(BY LEGISLATIVE DISTRICT): 39, 40, 42
(BY CONGRESSIONAL DISTRICT): 2
18 Agreement Classification
Personal Services Client Services X Public/Local Gov't
Collaborative Research NE Other
20. Sub Grantee Selection Process.
X To all who apply qualify" Competitive Bidding
Sole Source NE RCW N/A
Filed w /OFM2 Advertised? YES ONO
22. PURPOSE:
Signet
Jame M. Mullen, Director
Emergency Management Division
Washington State Military Department
APPROVED AS TO FORM:
Brian E. Buchholz, (Signature on file) 7/25/2011
Assistant Attomey General
Form 10/27/10 wig
FEMA HSGP -FFY 2011
Washington State Military Department
HOMELAND SECURITY GRANT AGREEMENT FACE SHEET
2. Grant Agreement Amount: 3. Grant Agreement Number:
$532,163
E12 -282
titlL L4 113(92N 01 1
5. Grant Agreement Start 6. Grant jgreee�em��ent End Date:
8. Data Universal Numbering System (DUNS) 19. UBI (state revenue).
075739235 054 004 559
Washington State Military Department (the "DEPARTMENT and the U.S. Department of Homeland Security (DHS)
11. Federal Funding Source 12. Department Funding Code (PI):
Agreement
2011 SS- 00030 S01 713GA NZ
13 Catalog of Federal Domestic 14. TIN:
Assistance (CFDA) Title:
97.067 HSGP 91 6001298
17. Women/Minority- Owned, State
Certified X N/A NO
YES, OMWBE
19. Contract Type (check all that apply):
Contract X Grant
Intergovernmental (RCW 39 34)
21. Sub Grantee Type (check all that apply)
Private Organization /Individual
X Public Organization /Jurisdiction
VENDOR X SUBRECIPIENT
Service Area by County(ies)•
Clailam County
X Agreement
Interagency
For Profit
X Non -Profit
OTHER
Provide U.S. Department of Homeland Security (DHS) FY 2011 Homeland Security Grant Program (HSGP) funds to
enhance the ability of state, local, and tribal governments to prevent, protect against, respond to, and recover
from terrorist attacks and other disasters. The HSGP is comprised of five interconnected grant programs: State
Homeland Security Program, Urban Area Security Initiative, Operation Stonegarden (OPSG), Metropolitan Medical
Response System, and Citizen Corps Program. Through OPSG, funding enhances the cooperation and
coordination among local, Tribal, State, and Federal law enforcement agencies in a joint mission to secure the
United States' borders along routes of ingress from international borders to Include travel corridors in States
bordering, Mexico and Canada. as well as States and terrtories with international water borders.
IN WITNESS WHEREOF, the Department and Sub Grantee acknowledge and accept the terms of this Grant Agreement, including all
referenced Exhibits and Attachments which are hereby incorporated in and made a part hereof, and have executed this Grant Agreement
as of the date and year written below. This Grant Agreement Face Sheet Special Terms Conditions (Exhibit A); General Terms and
Conditions (Exhibit B); Scope of Work (Exhibit C); Milestone Timeline (Exhibit D); Budget (Exhibit E); and all other documents, exhibits
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 Grant Agreement. No other understandings, oral or otherwise, regarding the
subiect matter of this Grant Agreement shalt be deemed to exist or to bind anv of the parties hereto.
In the event of an inconsistency in this Grant 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
2. Scope of Work
3. Special Terms and Conditions
4. General Terms and Conditions, and,
5. Other provisions of the grant agreement Incorporated by referenc
WHEREAS, the parties hereto have executed this Grant Agreement on th
FOR TH DEPARTMENT: FOR TH
Date Signa* re V
Howard V. Doherty, Jr. Chair
Board of Commissioners
APPROVED AS
nd year last specified below.
"(.1/41/
Date
(if applicable):
Applicant's Legal Review Date
Page 1 of 23 Clallam County Sheriffs Office
E12-282
SPECIAL TERMS AND CONDITIONS
ARTICLE I KEY PERSONNEL
The individuals listed below shall be considered key personnel for point of contact under this
Grant Agreement. Any substitution of key personnel by either party shall be made by written
notification to the current key personnel:
Name
Title
E -Mail
Phone
Name
Title
E -Mail
Phone
Name
Title
E -Mail
Phone
SUB GRANTEE
Chris Clark
IT Analyst/Grant Administrator
cclark ai,co.ciallam.wa.us
360 -417 -2260
Alice Hoffman
Chief Clvli Deputy
ahoffman aeco.clallam.wa.us
360 -417 -2257
MILITARY DEPARTMENT
Name 1 Sierra Wardell
Title 1 OPSG Program Manager
E -Mail 1 slerra.wardell @mll.wa.gov
Phone 1 253- 512 -7121
Name 1 011vla Hollowwa
Title 1 OPSG Program Coordinator
E -Mail 1 olivia.hollowwacmll.wa.gov
Phone 1 253 -512 -7149
Name 1 Gary Stumpf'
Title 1 OPSG Program Coordinator
E -Mail 1 gary.stumphOmil.wa.gov
Phone 1 253 512 -7483
Exhibit A
ARTICLE II ADMINISTRATIVE AND /OR FINANCIAL REQUIREMENTS
The Sub grantee shall comply with all applicable state and federal laws, regulations and
program guidance. A non exclusive list of laws, regulations and guidance commonly applicable
to DHS /FEMA grants are listed here for reference only, and include, but are not limited to, the
following:
1. Administrative Requirements: 44 CFR Part 13, Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local Governments; Office of
Management and Budget (OMB) Circular A -102, Grants and Cooperative Agreements with
State and Local Governments; 2 CFR Part 215, Uniform Administrative Requirements for
Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non
Profit Organizations (formerly OMB Circular A -110).
2. Cost Principles: 2 CFR Part 225, Cost Principles for State, Local, and Indian Tribal
Governments (formerly OMB Circular A -87); 2 CFR Part 220, Cost Principles for
Educational Institutions (formerly OMB Circular A -21); 2 CFR Part 230, Cost Principles for
Non Profit Organizations (formerly OMB Circular A -122); OMB Circular A -133, Audits of
States, Local Governments and Non Profit Organizations; and 48 CFR Part 31, §31.2,
Federal Acquisitions Regulations (FAR), Contract Cost Principles and Procedures,
Contracts with Commercial Organizations.
3. Grant funds will not replace (supplant) funds that have been budgeted for the same
purpose through non Federal sources. The Sub grantee, upon written request by the
Department, DHS or FEMA, shall demonstrate through supporting records and
documentation that a reduction in non Federal resources occurred for reasons other than
the receipt or expected receipt of Federal funds.
4. Duplication of Benefits: There may not be a duplication of any Federal assistance by
governmental entities per 2 CFR Part 225, Appendix A, Basic Guidelines, Section C.3 (c),
which states: "Any cost allocable to a particular Federal award or cost objective under the
principles provided for in 2 CFR Part 225 may not be charged to other Federal awards to
overcome fund deficiencies, to avoid restrictions imposed by law or terms of the Federal
awards, or for other reasons." However, this prohibition would not preclude governmental
units from shifting costs that are allowable under two or more awards in accordance with
existing program agreements. Non governmental entities are also subject to this prohibition
per 2 CFR Parts 220 and 230 and 48 CFR Part 31.2.
FEMA HSGP -FFY 2011 Page 2 of 23
Clailam County Sheriffs Office
E12 -282
5. The Sub grantee shall comply with all applicable federal laws, regulations and
guidance referenced in the "Fiscal Year 2011 Homeland Security Grant Program
Guidance and Application Kit, Section I Application and Review Information, May
2011" and "Fiscal Year 2011 GPD Preparedness Grant Programs Guidance and
Application Kit Section II Award Administration Information" which can be found at
http: //www.fema.gov/ government !grant /hsgp /indexl1.shtm #3 and are hereby incorporated in
and made a part of this Agreement.
6. The Sub grantee 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
Attachment #1 attached to and made a part of this Agreement.
ARTICLE III REIMBURSEMENT /INVOICING PROCEDURES
1. The Sub grantee acknowledges that since this Grant Agreement involves federal funding,
the period of performance described herein will likely begin prior to the availability of
appropriated federal funds. The Sub grantee 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 Grant
Agreement prior to distribution of appropriated federal funds.
2. This is a fixed price, reimbursement Grant Agreement. Within the total Grant Agreement
amount, travel, sub contracts, salaries and wages, benefits, printing, equipment, and other
goods and services or other budget categories will be reimbursed on an actual cost basis
unless otherwise provided in this Grant Agreement. Any travel or subsistence
reimbursement allowed under the Grant Agreement shall be paid in accordance with rates
set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or amended, but shall
not exceed federal maximum rates set forth at http: /www.gsa.gov without prior written
approval by Department key personnel.
3. Receipts and /or backup documentation for any approved budget line items including travel
related expenses that are authorized under this Grant Agreement must be maintained by
the Sub grantee and be made available upon request by the Department, and local, state,
or federal auditors.
4. The Sub grantee will submit reimbursement requests to the Department by submitting an
State Form A -19 Invoice form and a completed reimbursement spreadsheet (in the format
provided by the Department) detailing the expenditures for which reimbursement is sought.
Reimbursement requests shall be submitted to the Department's key personnel and must
be submitted no more frequently than monthly; and it is required that invoices be submitted
at least bi- annually.
5. All work under this Grant Agreement must end on or before the Grant Agreement End
Date, and the final reimbursement request must be submitted to the Department within 45
days after the Grant Agreement End Date. The maximum amount of all reimbursement
requests permitted to be submitted under this Grant Agreement, including the final
reimbursement request, is limited to and shall not exceed the total Grant Agreement
Amount.
6. No equipment or supply costs will be reimbursed until the related equipment/supplies have
been received by the Sub grantee and invoiced by the vendor.
7. Requests for reimbursement of equipment purchases must include a copy of the vendor's
invoice and packing slip or a statement signed and dated by the Sub grantee's
authorized representative that states "all items invoiced have been received in good
working order, are operational, and have been inventoried according to contract and local
procurement requirements
8. Failure to timely submit complete reports and reimbursement requests as required by this
Grant Agreement (including but not limited to those reports in the Milestone Timeline) will
prohibit the Sub grantee from being reimbursed until such complete reports and
FEMA HSGP -FFY 2011 Page 3 of 23 Clailam County Sheriffs Office
E12 -282
reimbursement requests are submitted and the Department has had reasonable time to
conduct its review.
9. Final reimbursement requests will not be approved for payment if the Sub grantee is not
current with all reporting requirements contained in this Grant Agreement.
ARTICLE IV REPORTING REQUIREMENTS
1. The Sub grantee shall submit bi- annual progress reports as indicated in the Milestone
Timeline.
2. The Sub grantee shall submit a final report describing completed activities under this Grant
Agreement within 45 days of Agreement End Date.
ARTICLE V EQUIPMENT MANAGEMENT
All equipment purchased under this Grant Agreement, by the Sub grantee or a contractor, will
be recorded and maintained in the Sub grantee's equipment inventory system.
1. Upon successful completion of the terms of this Grant Agreement, all equipment purchased
through this Grant Agreement will be owned by the Sub grantee, or a recognized sub
recipient for which a contract, sub -Grant Agreement, or other means of legal transfer of
ownership is in place.
2. The Sub grantee, or a recognized sub grantee/sub- contractor, shall be responsible for any
and all operational and maintenance expenses and for the safe operation of their
equipment including all questions of liability. The Sub grantee shall develop appropriate
maintenance schedules and procedures to ensure the equipment is well maintained and
kept in good operating condition.
3. The Sub grantee shall maintain equipment records that include: a description of the
property; the manufacturer's serial number, model number, or other identification number;
the source of the equipment, including the Catalogue of Federal Domestic Assistance
(CFDA) number; who holds title; the acquisition date; the cost of the equipment and the
percentage of Federal participation in the cost; the location, use and condition of the
equipment at the date the information was reported; and disposition data including the date
of disposal and sale price of the property.
4. Records for equipment shall be retained by the Sub grantee for a period of six years from
the date of the disposition, replacement or transfer. If any litigation, claim, or audit is
started before the expiration of the six year period, the records shall be retained by the
Sub grantee until all litigation, claims, or audit findings involving the records have been
resolved.
5. The Sub grantee shall take a physical inventory of the equipment 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 Sub grantee to determine the cause of the difference. The Sub grantee
shall, in connection with the inventory, verify the existence, current utilization, and
continued need for the equipment.
6. The Sub grantee 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.
7. If the Sub grantee is authorized or required to sell the property, proper sales procedures
must be established and followed to ensure the highest possible return.
8. When original or replacement equipment is no longer needed for the original project or
program or for other activities currently or previously supported by a Federal agency,
disposition of the equipment will be made as follows:
a. Items of equipment with a current per -unit fair market value of less than $5,000 may be
retained, sold or otherwise disposed of by the Sub grantee with no further obligation to
the awarding agency.
FEMA HSGP -FFY 2011
Page 4 of 23 Claliem County Sheriffs Office
E12 -282
b. Items of equipment with a current per -unit fair market value of more than $5,000 may
be retained or sold and the Sub grantee shall compensate the Federal- sponsoring
agency for its share.
9. As recipient of federal funds the Sub grantee must pass on equipment management
requirements that meet or exceed the requirements outlined above for all sub contractors,
consultants, and sub grantees who receive pass- through funding from this Grant
Agreement.
ARTICLE VI ENVIRONMENTAL AND HISTORICAL PRESERVATION
1. The Sub grantee shall ensure full compliance with FEMA's Environmental and Historic
Preservation (EHP) Program. Information about these requirements is located at
http /www.fema.gov /plantehp /ehp- applicant help.shtm.
2. The Sub grantee agrees that to receive any federal preparedness funding, all EHP
compliance requirements outlined in applicable guidance must be met. The Sub grantee is
advised that any project or expenditure with the potential to impact natural or biological
resources or historic properties, including but not limited to, communication towers, physical
security enhancements, new construction, renovation, or modification to buildings or
structures, cannot be initiated until FEMA has completed the required EHP review. If
potential impact is identified, EHP review is required prior to project implementation.
Projects implemented prior to receiving EHP approval from FEMA risk de- obligation of
funds.
ARTICLE VII PROCUREMENT
The Sub grantee shall comply with all procurement requirements of 44 CFR Part 13.36,
Procurement. All sole source contracts expected to exceed $100,000 must be submitted to the
Department for review and approval prior to the Sub grantee's award and execution of a
contract. This requirement must be passed on to all of the Sub grantee's sub contractors, at
which point the Sub grantee will be responsible for reviewing and approving their sub-
contractors' sole source justifications.
ARTICLE VIII SUB GRANTEE MONITORING
1. The Department will monitor the activities of the Sub grantee 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 OMB Circular A -133, Audits of States, Local Governments and Non Profit
Organizations.
2. Monitoring activities may include, but are not limited to:
a. review of performance reports;
b. monitor and document the completion of Grant Agreement deliverables;
c. documentation of phone calls, meetings, e-mails and correspondence;
d. review of reimbursement requests and supporting documentation to ensure
allowability and consistency with Grant Agreement budget and federal requirements;
e. observation and documentation of Grant Agreement related activities, such as
exercises, training, funded events and equipment demonstrations;
f. 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.
3. As a sub recipient of federal funds, the Sub grantee is required to meet or exceed the
monitoring activities, as outlined above, for all sub contractors, consultants, and sub
recipients who receive pass- through funding from this Agreement.
FEMA- HSGP -FFY 2011 Page 5 of 23 Clallam County Sheriffs Office
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ARTICLE IX GRANT AGREEMENT MODIFICATION REQUESTS
A Sub grantee may request a modification to the Grant Agreement in writing to the Department
key personnel. Modifications may be requested for Grant Agreement end date, budget or scope
change.
ARTICLE X NIMS COMPLIANCY
1. The Sub grantee agrees that in order to receive Federal Fiscal Year 2011 (FFY11) federal
preparedness funding, the National Incident Management System (NIMS) compliance
requirements for 2011 must be met.
2. In accordance with Homeland Security Presidential Directive (HSPD) -5, Management of
Domestic Incidents, the adoption of the National Incident Management System (NIMS) is a
requirement to receive Federal preparedness assistance, through grants, contracts, and
other activities. The NIMS provides a consistent nationwide template to enable all levels of
govemment, Tribal nations, nongovernmental organizations including voluntary
organizations, and private sector partners to work together to prevent, protect against,
respond to, recover from, and mitigate the effects of incidents, regardless of cause, size,
location, or complexity.
3. All local government and Tribal nations sub grantees should update their respective NIMS
Compliance Assistance Support Tool NIMSCAST) assessments and, if necessary, submit
a Corrective Action Plan via NIMSCAST for FFY10. Corrective Action Plans are only
required if a jurisdiction fails to meet one of the NIMS implementation activities.
Comprehensive information concerning NIMS implementation for States, Tribal nations,
local governments, nongovernmental organizations, and the private sector is available
through the National Integration Center (NIC) at FEMA's NIMS Resource Center at
http: //www.fema.gov /nims.
4. Local govemments and tribal nations should continue to implement NIMS training guidance
(course curricula and instructor qualifications) contained in the NIMS Training Plan,
released in September 2011 and any successor guidance released by FEMA. [Note:
Coursework and training developed and/or delivered by National Wildfire Coordinating
Group (NWCG) meet the course and instructor requirements of the NIMS Training Plan].
NIMS training guidance is available on FEMA's NIMS Resource Center at
http://www.fema.gov/emergency/nims/NIMSTrainingCourses.shtm.
ARTICLE XI OPSG SPECIFIC REQUIREMENTS
1. The Washington State Military Department receives grant funding each year from the U.S.
Department of Homeland Security (DHS) Federal Emergency Management Agency
(FEMA) through the Homeland Security Grant Program (HSGP). Operation Stonegarden
(OPSG) provides funding to designated localities to enhance cooperation and coordination
between Federal, State, local, Tribal, and territorial law enforcement agencies in a joint
mission to secure the United States borders along routes of ingress from international
borders to include travel corridors in States bordering Mexico and Canada, as well as
States and territories with International water borders.
2: The FFY 2011 HSGP grant guidance stipulates the following caps and thresholds that
apply to OPSG:
a. A maximum of up to five percent (5 of OPSG funding may be used for
management and administrative purposes associated with this award.
b. Per the PRICE of Homeland Security Act (Public Law 110 -412), subgrantees are
allowed to utilize up to 50 percent (50 of their OPSG funding for personnel
related costs which include overtime activities.
3. OPSG- funded activities must have a clear correlation to the goals, objectives, and priorities
identified in the evaluated and approved FY 2011 OPSG Operations Order submitted to
DHS and identified in the Scope of Work, Exhibit C.
4. When preparing Biannual Reports, accomplishments relating to the following project
deliverables should be addressed, including but not limited to:
FEMA -HSGP -FFY 2011 Page 6 of 23
Clallam County Sheriffs Office
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FEMA HSGP -FFY 2011
a. Enhanced capabilities as regards to border security and protection
b. Equipment purchased, installed, tested, and trainings conducted.
5. All equipment is required to be on the Authorized Equipment List located at the Responder
Knowledge Base (http: //www.rkb.us/). No reimbursement for equipment costs will occur
until the appropriate approvals have been obtained.
6. Sub grantees may consider marking equipment in the following manner, "Purchased with
funds provided by the U.S. Department of Homeland Security," in order to facilitate their
own audit processes, as well as Federal audits and monitoring visits, which may result from
receiving Federal funding.
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Washington State Military Department
GENERAL TERMS AND CONDITIONS
Department of Homeland Security (DHS)/
Federal Emergency Management Agency (FEMA)
Grants
Exhibit B
A.1 DEFINITIONS
As used throughout this Grant Agreement, the following terms will have the meaning set
forth below:
a. "Department" means the Washington State 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.
b. "Sub- grantee" means the govemment or other eligible legal entity to which a sub
grant is awarded and which is accountable to the Grantee for the use of the funds
provided under this Grant Agreement, and includes all employees of the Sub grantee
and any sub contractor retained by the Sub grantee as permitted under the terms of
this Grant Agreement. The term "Sub- grantee" and "Contractor" may be used
interchangeably in this Agreement.
c. "Sub- grantee Agent" means the official representative and alternate designated or
appointed by the Sub grantee in writing and authorized to make decisions on behalf
of the Sub grantee.
d. "Grantee" means the govemment to which a grant is awarded and which is
accountable for the use of the funds provided. The Grantee is an entire legal entity
even if only a particular component of the entity is designated in the grant award
document. For the purpose of this Grant Agreement, the state of Washington is the
Grantee. The Grantee and the Department are one and the same.
e. "Monitoring Activities" means all administrative, financial, or other review activities
that are conducted to ensure compliance with all state and federal laws, rules,
authorities and policies.
f. "investment Justification" means grant application investment justification
submitted by the Sub grantee describing the project for which federal funding is
sought and provided under this Grant Agreement. Such grant application investment
justification is hereby incorporated into this Grant Agreement by reference.
g. PL is defined and used herein to mean the Public Law.
h. "CFR" is defined and used herein to mean the Code of Federal Regulations.
i. "OMB" is defined and used herein to mean the Office of Management and Budget.
j. "WAC" is defined and used herein to mean the Washington Administrative Code.
k. "RCW" is defined and used herein to mean the Revised Code of Washington.
A.2 SINGLE AUDIT ACT REQUIREMENTS (INCLUDING ALL AMENDMENTS)
Non federal entities as subrecipients that expend $500,000 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 the Office of Management and
Budget (OMB) Circular A- 133 Audits of States, Local Governments, and Non Profit
Organizations (amended June 27, 2003, effective for fiscal years ending after December
31, 2003, and further amended June 26, 2007). Non federal entities that spend Tess
than $500,000 a year in federal awards are exempt from federal audit requirements for
that year, except as noted in Circular No. A -133. As defined in Circular A -133, the term
"non federal entity" means a State, local government, or non profit organization, and the
term °State" includes Indian tribes. Circular A -133 is available on the OMB Home Page
at http: /lwww.omb.gov.
Sub grantee 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
Comptroller General and the OMB Compliance Supplement. The Sub grantee- grantee
FEMA- HSGP -FFY 2011
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has the responsibility of notifying its auditor and requesting an audit in compliance with
Circular A -133, 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 art allowable grant expenditure as authorized by Circular A -133.
The Sub grantee shall maintain auditable records and accounts so as to facilitate the
audit requirement and shall ensure that any sub contractors also maintain auditable
records.
The Sub grantee is responsible for any audit exceptions incurred by its own organization
or that of its sub contractors. Responses to any unresolved management findings and
disallowed or questioned costs shall be included with the audit report. The Sub grantee
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 Sub grantee all disallowed costs resulting from the audit.
Once the single audit has been completed, the Sub grantee must send a full copy of the
audit to the Department and a letter stating there were no findings, or if there were
findings, the letter should provide a list of the findings. The Sub grantee must send the
audit and the letter no later than nine (9) months after the end of the Sub grantee's fiscal
year(s) to:
Accounting Manager
Washington Military Department
Finance Division, Building #1 TA -20
Camp Murray, WA 98430 -5032
In addition to sending a copy of the audit, the Sub grantee must include a corrective
action plan for any audit findings and a copy of the management letter if one was
received.
If Sub grantee claims it is exempt from the audit requirements of Circular A -133, Sub
grantee music send a letter identifying this Grant Agreement and explaining the criteria
for exemption no later than nine (9) months after the end of the Sub grantee fiscal
year(s) to:
Accounting Manager
Washington Military Department
Finance Division, Building #1 TA -20
Camp Murray, WA 98430 -5032
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.
The Sub grantee shall include the above audit requirements in any sub contracts.
Conducting a single or program specific audit in compliance with Circular A -133 is a
material requirement of this Grant Agreement. In the absence of a valid claim of
exemption from the audit requirements of Circular A -133, the Sub grantees 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 Circular A -133; 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.3 ADVANCE PAYMENTS PROHIBITED
The Department shall make no payments in advance or in anticipation of goods or
services to be provided under this Agreement. Sub grantee shall not invoice the
Department in advance of delivery and invoicing of such goods or services.
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A.4 AMENDMENTS AND MODIFICATIONS
The Sub grantee or the Department may request, in writing, an amendment or
modification of this Grant 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 Sub grantee. No other
understandings or agreements, written or oral, shall be binding on the parties.
A.5 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 Sub grantee 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.
A.6 ASSURANCES
Department and Sub grantee agree that all activity pursuant to this Grant Agreement will
be in accordance with all the applicable current federal, state and local laws, rules and
regulations.
A.7 CERTIFICATION REGARDING DEBARMENT. SUSPENSION. OR INELIGIBILITY
As federal funds are a basis for this Grant Agreement, the Sub grantee certifies that the
Sub grantee is not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participating in this Grant Agreement by any
federal department or agency.
If requested by the Department, the Sub grantee shall complete and sign a Certification
Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion form. Any
such form completed by the Sub grantee for this Grant Agreement shall be incorporated
into this Grant Agreement by reference.
Further, the Sub grantee agrees to comply with all applicable federal regulations
concerning the federal debarment and suspension system, including 2 CFR Part 180.
The Sub grantee certifies that it will ensure that potential sub contractors or sub
recipients 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 sub awards to sub recipients for any amount. With respect to covered
transactions, the Sub grantee may comply with this provision by obtaining a certification
statement from the potential sub contractor or sub recipient or by checking the Excluded
Parties List System (EPLS) maintained by the federal General Services Administration
(GSA). The Sub grantee 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."
A.8 CONFLICT OF INTEREST
No officer or employee of the Department; no member, officer, or employee of the Sub
grantee 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 such the Sub
grantee 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 Grant Agreement. The Sub grantee shall
incorporate, or cause to incorporate, in all such contracts or subcontracts, a provision
prohibiting such interest pursuant to this provision.
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A.9 COMPLIANCE WITH APPLICABLE STATUTES. RULES AND DEPARTMENT POLICIES
The Sub grantee and all its contractors 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, andlor policies. This obligation
includes, but is not limited to: nondiscrimination laws andlor policies, Energy Policy and
Conservation Act (PL 94 -163, as amended), the Americans with Disabilities Act (ADA),
the Robert T. Stafford Disaster Relief and Emergency Assistance Act, (PL 93 -288, as
amended), Ethics in Public Service (RCW 42.52), Covenant Against Contingent Fees
(48 CFR Section 52.203 -5), Public Records Act (RCW 42.56), Prevailing Wages on
Public Works (RCW 39.12), State Environmental Policy Act (RCW 43.21C), 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 the Sub grantee's or its contractor's noncompliance or refusal to comply
with any applicable law, regulation, executive order, OMB Circular or policy, the
Department may rescind, cancel, or terminate the Grant Agreement in whole or in part in
its sole discretion. The Sub grantee is responsible for all costs or liability arising from its
failure to comply with applicable law, regulation, executive order, OMB Circular or policy.
A.10 pISCLOSUl3E
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 Sub
grantee's responsibilities with respect to services provided under this Grant Agreement
is prohibited except by prior written consent of the Department. However, the parties
acknowledge that the Department, and state and local agencies as defined in RCW
42.56.010, are subject to RCW 42.56, the state Public Records Act.
A.11 DISPUTES
The Department and Sub grantee shall make every effort to resolve disputes arising out
of or relating to this Grant Agreement through discussion and negotiation. Should
discussion and negotiation fail to resolve a dispute arising under this Agreement, the
parties shall select a dispute resolution team to resolve the dispute. The team shall
consist of a representative appointed by each party and a third representative mutually
agreed upon by both parties. The team shall attempt, by majority vote, to resolve the
dispute.
Both parties agree that this dispute resolution process shall precede any action in a
judicial or quasi-judicial tribunal. Nothing In this section shall preclude the parties from
mutually agreeing to a different dispute resolution method in lieu of the procedure
outlined above.
A.12 LEGAL RELATIONS
It is understood and agreed that this Grant Agreement is solely for the benefit of the
parties to the Grant Agreement and gives no right to any other party. No joint venture or
partnership is formed as a result of this Grant Agreement.
To the extent allowed by law, the Sub grantee, 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 Sub grantee, its sub contractors, 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 Grant Agreement.
To the extent allowed by law, the Sub grantee 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 Grant
Agreement.
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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 Sub grantee, its agents, or employees, thls Indemnity provision shall be valid
and enforceable only to the extent of the negligence of the Sub grantee, or Sub
grantee's agents or employees.
Insofar as the funding source, the Department of Homeland Security (DHS) /Federal
Emergency Management Agency (FEMA), is an agency of the federal government, the
following shall apply:
44 CFR 206.9 Non- liabilitv. 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.13 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 Sub
grantee or Alternate for the Sub grantee, formally designated in writing, shall have the
express, implied, or apparent authority to alter, amend, modify, or waive any clause or
condition of this Grant Agreement. Any alteration, amendment, modification, or waiver
of any clause or condition of this Grant Agreement is not effective or binding unless
made in writing and signed by both parties Authorized Signature representatives.
Further, only the Authorized Signature representative or Alternate for the Sub grantee
shall have signature authority to sign reimbursement requests, time extension requests,
amendment and modification requests, requests for changes to the scope of work, and
other requests, certifications and documents authorized by or required under this
Agreement.
A.14 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 scope of work and
budget or unilaterally terminate all or part of the Agreement as a "Termination for Cause"
without providing the Sub grantee 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.15 NONASSIGNABILITY
Neither this Grant Agreement, nor any claim arising under this Grant Agreement, shall
be transferred or assigned by the Sub grantee.
A.16 NONDISCRIMINATION
The Sub grantee shall comply with all applicable federal and state non discrimination
laws, regulations, and policies. No person shall, on the grounds of age, race, creed,
color, sex, sexual orientation, religion, national origin, marital status, honorably
discharged veteran or military status, or disability (physical, mental, or sensory) be
denied the benefits of, or otherwise be subjected to discrimination under any project,
program, or activity, funded, in whole or in part, under this Grant Agreement.
A.17 NOTICES
The Sub grantee shall comply with all public notices or notices to individuals required by
applicable local, state and federal laws and shall maintain a record of this compliance.
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A.18 OCCUPATIONAL SAFETY /HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/
HEALTH ACT (OSHAANISU
The Sub grantee represents and warrants that its work place does now or will meet all
applicable federal and state safety and health regulations that are in effect during the
Sub grantee's performance under this Grant Agreement. To the extent allowed by law,
the Sub grantee 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 Sub grantee to so comply.
A.19 OWNERSHIP OF PROJECT /CAPITAL FACILITIES
The Department makes no claim to any capital facilities or real property improved or
constructed with funds under this Grant Agreement, and by this grant of funds does not
and will not acquire any ownership interest or title to such property of the Sub grantee.
The Sub grantee shall assume all liabilities arising from the ownership and operation of
the project and agrees to hold the Department and 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.20 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.21 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION
The assistance provided under this Grant 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 Grant 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.22 PUBLICID
The Sub grantee agrees to submit to the Department prior to issuance all advertising
and publicity matters relating to this Grant 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 Sub grantee agrees not to
publish or use such advertising and publicity matters without the prior written consent of
the Department. The Sub grantee may copyright original work it develops in the course
of or under this Grant Agreement; however, pursuant to 44 CFR 13.34, 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 Grant Agreement shall include an
acknowledgement of FEMA's financial support, by CFDA number, and a statement that
the publication does not constitute an endorsement by FEMA or reflect FEMA's views.
A.23 RECAPTURE PROVISION
In the event the Sub grantee fails to expend funds under this Agreement in accordance
with applicable federal, state, and local laws and /or the provisions of the Grant
Agreement, the Department reserves the right to recapture funds in an amount
equivalent to the extent of noncompliance. Such right of recapture shall exist for the life
of the project following Grant Agreement termination. Repayment by the Sub grantee 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 thereof, including
attorney fees.
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A.24 RECORDS
a. The Sub grantee agrees to maintain all books, records, documents, receipts,
invoices and all other electronic or written records necessary to sufficiently and
properly reflect the Sub grantee's contracts, grant administration, and payments,
including all direct and indirect charges, and expenditures in the performance of this
Grant Agreement (the "records
b. The Sub grantee's records related to this Grant Agreement and the activities 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 Sub grantee with the terms of this
Grant Agreement and to determine the appropriate level of funding to be paid under
the Grant Agreement.
c. The records shall be made available by the Sub grantee for such inspection and
audit, together with suitable space for such purpose, at any and all times during the
Sub grantee's normal working day.
d. The Sub grantee shall retain and allow access to all records related to this Grant
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 Grant Agreement.
A.25 RESPONSIBILITY FOR PROJECT /STATEMENT OF WORKNVORK PLAN,
While the Department undertakes to assist the Sub grantee with the project/statement of
work/work plan (project) by providing grant funds pursuant to this Grant Agreement, the
project itself remains the sole responsibility of the Sub grantee. The Department
undertakes no responsibility to the Sub grantee, or to any third party, other than as is
expressly set out in this Grant 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 Sub grantee, 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 Sub grantee 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
and executive orders.
The Sub grantee shall defend, at its own cost, any and all claims or suits at law or in
equity, which may be brought against the Sub grantee in connection with the project.
The Sub grantee 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.26 CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING
As required by 44 CFR Part 18, the Sub grantee 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 Sub grantee 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
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connection with this Grant Agreement, grant, loan, or cooperative agreement, the Sub
grantee will complete and submit Standard Form -LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions; (3) and that, as applicable, the Sub
grantee will require that the language of this certification be included in the award
documents for all subawards at all tiers (including sub contracts, sub grants, and
contracts under grants, loans, and cooperative agreements) and that all sub recipients
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 section
1352, title 31, U.S. Code.
A.27 SEVERABILITY
If any court of rightful jurisdiction holds any provision or condition under this Grant
Agreement or its application to any person or circumstances invalid, this invalidity does
not affect other provisions, terms or conditions of the Grant Agreement, which can be
given effect without the invalid provision. To this end, the terms and conditions of this
Grant Agreement are declared severable.
A.28 SUB CONTRACTING
The Sub grantee shall use a competitive procurement process in the award of any
contracts with contractors or sub contractors that are entered into under the original
contract award. The procurement process followed shall be in accordance with 44 CFR
Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements
to State and Local Govemments, or with OMB Circular A -110, Uniform Administrative
Requirements for Grants and Other Agreements with Institutions of Higher Education,
Hospitals, and Other Nonprofit Organizations, as applicable to the Sub grantee.
All sub contracting agreements entered into pursuant to this Grant Agreement shall
incorporate this Grant Agreement by reference.
A.29 SUB GRANTEE NOT EMPLOYEE
The parties intend that an independent contractor relationship will be created by this
Grant Agreement. The Sub grantee, and/or employees or agents performing under this
Grant Agreement are not employees or agents of the Department in any manner
whatsoever. The Sub grantee will not be presented as nor claim to be an officer or
employee of the Department or of the State of Washington by reason of this Grant
Agreement, nor will the Sub grantee make any claim, demand, or application to or for
any right or privilege applicable to an officer or employee of the Department or of the
State of Washington by reason of this Grant Agreement, including, but not limited to,
Workmen's 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.
It is understood that if the Sub grantee 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
and not by reason of this Grant Agreement.
A.30 TAXES. FEES AND LICENSES
Unless otherwise provided in this Grant Agreement, the Sub grantee shall be
responsible for, pay and maintain in current status all taxes, unemployment
contributions, fees, licenses, assessments, permit charges and expenses of any other
kind for the Sub grantee or its staff required by statute or regulation that are applicable
to Grant Agreement performance.
A.31 TERMINATION FOR CONVENIENCE
Notwithstanding any provisions of this Grant Agreement, the Sub grantee may terminate
this Grant Agreement by providing written notice of such termination to the Department's
Key Personnel identified in the Grant Agreement, specifying the effective date thereof, at
least thirty (30) days prior to such date.
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Except as otherwise provided in this Grant Agreement, the Department, in its sole
discretion and in the best interests of the State of Washington, may terminate this Grant
Agreement in whole or in part by providing ten (10) calendar days written notice,
beginning on the second day after mailing to the Sub grantee. Upon notice of
termination for convenience, the Department reserves the right to suspend ail or part of
the Grant Agreement, withhold further payments, or prohibit the Sub grantee from
incurring additional obligations of funds. In the event of termination, the Sub grantee
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 CAUSE
In the event the Department, in its sole discretion, determines the Sub grantee has failed
to fulfill in a timely and proper manner its obligations under this Grant Agreement, is in
an unsound financial condition so as to endanger performance hereunder, is in violation
of any laws or regulations that render the Sub grantee unable to perform any aspect of
the Grant Agreement, or has violated any of the covenants, agreements or stipulations
of this Grant Agreement, the Department has the right to immediately suspend or
terminate this Grant Agreement in whole or in part.
The Department may notify the Sub grantee 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 Sub grantee 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 Sub grantee liability for damages or otherwise affect any other remedies
available to the Department. If the Department allows the Sub grantee an opportunity to
cure, the Department shall notify the Sub grantee 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 Grant Agreement may be terminated in whole or in part.
The Department reserves the right to suspend all or part of the Grant Agreement,
withhold further payments, or prohibit the Sub grantee from incurring additional
obligations of funds during investigation of the alleged compliance breach, pending
corrective action by the Sub grantee, if allowed, or pending a decision by the
Department to terminate the Grant Agreement in whole or in part.
In the event of termination, the Sub grantee shall be liable for all damages as authorized
by law, including but not limited to, any cost difference between the original Grant
Agreement and the replacement or cover Grant Agreement and all administrative costs
directly related to the replacement Grant 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 Sub grantee: (1) was not in default or material breach, or (2)
failure to perform was outside of the Sub grantee's control, fault or negligence, the
termination shall be deemed to be a "Termination for Convenience
A.33 TERMINATION PROCEDURES,
In addition to the procedures set forth below, if the Department terminates this Grant
Agreement, the Sub grantee shall follow any procedures specified in the termination
notice.. Upon termination of this Grant Agreement and in addition to any other rights
provided in this Grant Agreement, the Department may require the Sub grantee to
deliver to the Department any property specifically produced or acquired for the
performance of such part of this Grant Agreement as has been terminated.
If the termination is for convenience, the Department shall pay to the Sub grantee
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
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effective date of Grant Agreement termination, and the amount agreed upon by the Sub
grantee 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 Grant 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 Sub grantee for termination. The
Department may withhold from any amounts due the Sub grantee 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 Grant 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 Sub grantee shall:
a. Stop work under the Grant Agreement on the date, and to the extent specified, in
the notice;
b. Place no further orders or sub contracts for materials, services, supplies,
equipment and /or facilities in relation to this Grant Agreement except as may be
necessary for completion of such portion of the work under the Grant 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 Sub grantee under
the orders and sub 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 sub contracts;
d. Settle all outstanding liabilities and all claims arising out of such termination of
orders and sub 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 Grant
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 Grant Agreement
which is in the possession of the Sub grantee and in which the Department has
or may acquire an interest.
A.34 TRAVEL AND SUBSISTENCE REIMBURSEMENT
Unless the Grant Agreement specifically provides for different rates, any travel or
subsistence reimbursement allowed under the Agreement shall be paid in accordance
with rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or
amended. The Sub grantee may be required to provide to the Department copies of
receipts for any travel related expenses other than meals and mileage (example:
parking) that are authorized under this Agreement.
A.35 UTILIZATION OF MINORITY AND WOMEN BUSIIIESS ENTERPRISES (MWBQ
The Sub grantee is encouraged to utilize business firms that are certified as minority
owned and /or women -owned in carrying out the purposes of this Grant Agreement.
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The Sub grantee may set utilization standards, based upon local conditions or may
utilize the state of Washington MWBE goals, as identified in WAC 326 -30 -041.
A.36 WAIVERS
No conditions or provisions of this Grant 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 Grant 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 Grant Agreement.
A.37 VENUE
This Grant 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 Grant Agreement shall be the
Superior Court of Thurston County, Washington. The Sub grantee, by execution of this
Grant Agreement acknowledges the jurisdiction of the courts of the State of Washington.
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FFY11 Homeland Security Grant Program (HSGP)
Operation Stonegarden (OPSG) Scope of Work
Operations Order Name FY 2011 OPSG WA Clallam County
Op -Order Number 12- BLWBLW -05 -001 Version 0
From Approved Operations Order.
EXECUTIVE SUMMARY: Active participants have a history of working together with all federal
agencies including Customs and Border Protection to achieve reduction in alien entry and drug
and weapons smuggling. This multi jurisdictional law enforcement team will utilize OPSG funds
to improve radio communications and to conduct law enforcement patrols in border zones in
support of the Border Patrol Strategic Plan's driving principles of Information, integration and
Rapid Response.
MISSION: The Clallam County Sheriffs Office, in cooperation with law enforcement partners
and the U.S. Border Patrol, will utilize OPSG funding to support integrated policing through
coordinated patrols and improvements in radio communications. These patrols will be
conducted along exploited maritime border zones in concert with Port Angeles Station and will
support the Border Patrol Strategic Plan's driving principles of Information, Integration and
Rapid Response.
ACTIVE PARTICIPANTS: Clallam County Sheriffs Office shares the responsibilities of security
and criminal investigations within the contiguous seas of Clallam County and the Olympic
Peninsula with the United States Coast Guard (USCG), United States Border Patrol (USBP),
National Parks: Service (NPS), Immigration and Customs Enforcement (ICE), Washington State
Department of Fish Wildlife, Washington State Patrol, Port Angeles Police Department,
Sequim Police Department, Forks Police Department, Port Townsend Police Department, and
Jefferson County Sheriffs Office. All four tribal entities (Lower Elwha Tribal Police, La Push
Police Department, Neah Bay Police Department, and Jamestown Fish and Wildlife also share
in the responsibilities and work closely with Clallam County Sheriffs Office.
EXECUTION:
To reflect changing conditions, USBP and participating agencies will execute changes
to the OPSG operational plan for submission to OBP as evolving threats require.
Each participating OPSG agency will have a designated management representative
as noted in the Command and Control section of this operational plan.
Participating officers will complete a Daily Activity Report (DAR), at the conclusion of
their shift. The DAR will be submitted via email to USBP OPSG Coordinator.
The USBP OPSG Coordinator will monitor /coordinate all OPSG activities, collect the
DAR, generate and submit the monthly OPSG recap for Headquarters Border Patrol,
and keep command staff apprised as necessary.
The Port Angeles Station Patrol Agent in Charge (PAIC) will be responsible for OPSG-
related enforcement activities within his AOR and for reporting relevant intelligence to
the Sector Intelligence Unit (SIU). SIU will analyze information gathered and disseminate
as necessary to OPSG participants.
The Clallam County Department of Emergency Management will execute all inter-
agency contracts for financial reimbursement from OPSG funds and will coordinate
reimbursement with the State Administrative Agency.
Exhibit C
FEMA HSGP -FFY 2011 Page 19 of 23 Clallam County Sheriff's Office
E12-282
MILESTONE
September 1, 2011
July 15, 2012
January 15, 2013
July 15, 2013
January 15, 2014
June 30, 2014
ttl 2014
C 14/ctj I/
/MI Oc" I oe s
Ft 5 s r
MILESTONE TIMELINE
FFY11 Homeland Security Grant Program (HSGP)
Operation Stonegarden (OPSG)
TASK
Start of Grant Agreement performance period
Bi- Annual Progress Report due
Bi- Annual Progress Report due
Bi- Annual Progress Report due
Bi- Annual Progress Report due
End of Grant Agreement performance period.
Submit all final reports, requests for reimbursement and/or
deliverables
Exhibit D
FEMA- HSGP -FFY 2011 Page 20 of 23 Clallam County Sheriffs Office
E12 -282
FEMA HSGP -FFY 2011
Operational
Overtime
1 Total
BUDGET SHEET
FFY11 Homeland Security Grant Program (HSGP)
Operation Stonegarden (OPSG)
Travel I Total $18,240 I
Vehicle /Equipment
Maintenance 1 Total $0
Fuel Cost and /or
Mileage
Reimbursement 1 Total $3,300 1
Equipment 1 Total $430,000 I
Management 1 Total $14,023 1
Administration
TOTAL $532,163 I
Funding Source
$66,600 I 713GA
Exhibit E
1. Cumulative changes to budget categories in excess of 10% of the grant agreement will not
be reimbursed without prior written authorization from the Department.
2. The Sub grantee will not be reimbursed for personnel costs that exceed $266,081.50.
3. Funds shall not be used to supplant inherent routine patrols and law enforcement operations
or activities not directly related to providing enhanced coordination between local and
Federal law enforcement agencies.
Page 21 of 23 Clallam County Sheriffs Office
E12 -282
ATTACHMENT #1
ADDITIONAL AGREEMENT PROVISIONS
for Compliance With the
Federal Funding Accountability and Transparency Act of 2006 (P.L. 109 -282)
A. This contract (subaward) is supported by federal funds, requiring compliance with the Federal
Funding Accountability and Transparency Act (FFATA or the Transparency Act) and Office of
Management and Budget Guidance (OMB). Public Law 109 -282 as amended by section 6202(a)
of Public Law 110 -252 (see 31 U.S.C. 6101 note). By entering into this contract, contractor
agrees to provide all applicable reporting information to the Washington Military Department
(WMD) required by FFATA and OMB Guidance.
B. The FFATA requires the OMB to establish a publicly available online database
(USASpending.gov) containing information about entities that are awarded Federal grants, loans,
and contracts. As required by FFATA and OMB Guidance, certain information on the first -tier
subawards related to Federal contracts and grants, and the executive compensation of awardees,
must be made publicly available.
C. For new Federal grants beginning October 1, 2010, if the initial subaward is equal to or
greater than $25,000, reporting of the subaward and executive compensation information is
required. If the initial subaward is below $25,000 but subsequent grant modifications result in a
total subaward equal to or over $25,000, the subaward will be subject to the reporting
requirements as of the date the subaward exceeds $25,000. If the initial subaward equals or
exceeds $25,000 but funding is subsequently de- obligated such that the total award amount falls
below $25,000, the subaward continues to be subject to the reporting requirements of the
Transparency Act and OMB Guidance.
D. As a Federal grant subawardee under this contract, your organization is required by FFATA,
OMB Guidance and this contract to provide the WMD, as the prime grant awardee, all
information required for FFATA compliant reporting by WMD. This includes all applicable
subawardee entity information required by FFATA and OMB Guidance, subawardee DUNS
number, and relevant executive compensation data, as applicable.
1. Data about your organization will be provided to USASpending.gov by the WMD
or by the Federal Contractor Registry (CCR). CCR is a government wide
registration system for organizations that do business with the Federal
Government. CCR stores information about awardees including financial account
information for payment purposes and a link to D &B for maintaining current
DUNS information, www.ccr.gov. WMD encourages CCR registration and
annual renewal by your organization to minimize unnecessary data entry and re-
entry required by both WMD and your organization. It will also reduce the
potential of inconsistent or inaccurate data entry.
2. Your organization must have a Data Universal Numbering System (DUNS)
number obtained from the firm Dun and Bradstreet (D &B) (www.dnb.com). A
'DUNS number provides a method to verify data about your organization. D &B is
responsible for maintaining unique identifiers and organizational linkages on
behalf of the Federal Government for organizations receiving Federal assistance.
E. The WMD, as the prime awardee, is required by FFATA to report names and total
compensation of the five (5) most highly compensated officers of your organization (as the
subawardee) if:
FEMA HSGP -FFY 2011 Page 22 of 23 Clallam County Sheriffs Office
E12 -282
1. Your organization (the subawardee), in the preceding fiscal year, received 80 percent or
more of its annual gross revenues from Federal awards and $25,000,000 or more in
annual gross revenues from Federal awards; and
2. The public does not have access to this information about the compensation of the senior
executives of your organization through periodic reports filed under section 13(a) or
15(d) of the Securities and Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d) or
section 6104 of the Internal Revenue Code of 1986.
"Total compensation" for purposes of this requirement generally means the cash and non -cash
value earned by the executive during the past fiscal year and includes salary and bonus; awards
of stock, stock options and stock appreciation rights; and other compensation such as severance
and termination payments, and value of life insurance paid on behalf of the employee, and as
otherwise provided by FFATA and applicable OMB guidance.
F. If (1) in the preceding fiscal year your organization received 80 percent or more of its annual
gross revenues from Federal awards and $25,000,000 or more in annual gross revenues from
Federal awards, and (2) the public does not have access to this information about the
compensation of the senior executives of your organization through periodic reports filed under
section 13(a) or 15(d) of the Securities and Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)
or section 6104 of the Internal Revenue Code of 1986, insert the names and total compensation
for the five most highly compensated officers of your organization in the table below:
If your organization does not meet these criteria, specifically identify below each criteria that is
not met for your organization:
1 -12 -2011 Final
FEMA HSGP -FFY 2011 Page 23 of 23 Clallam County Sheriffs Office
E12 -282
2.
1. CONTRACTOR NAME/ADDRESS
ClaIlam County Sheriff's Office
223 East 4 Street, Suite 12
Port Angeles, WA 98362-3000
E12 -262 A
Gal t AL 1100-1 a-009
4. CONTRACTOR CONTACT PERSON, NAME/TITLE: 5 MD STAFF CONTACT, NAME/TELEPHONE:
Chris Clark (360) 417 -2260 Sierra Wardell (253) 512 -7121
cclark@co.clallam.wa.us sierra.wardell acmil.wa.gov
6. TIN or SSN 7. CATALOG OF FEDERAL DOMESTIC 8. FUNDING SOURCE NAME/AGREEMENT
91- 6001298 ASST (CFDA) 97.067 SHSP 2011 -SS- 00030 -S01
9. FUNDING AUTHORITY:
Washington State Military Department (Department) and the U.S. Department of Homeland Security (DHS)
10. DESCRIPTION /JUSTIFICATION OF AMENDMENT:
The U.S. Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA) is providing
funds to enhance the capability of state and local units of government to prevent, deter, respond to, and recover
from catastrophic and/or terrorist events through the FFY11 Operation Stonegarden Program. This funding is being
provided to enhance law enforcement preparedness and operational readiness along land borders of the United
States.
The original contract had an incorrect date in Exhibit D Milestone Timeline. This amendment corrects the last
milestone to have all final reports, requests for reimbursement and /or deliverables submitted by August 14, 2014.
11 AMENDMENT TERMS AND CONDITIONS:
1. The contract amount of $532,163 remains unchanged.
2. Replace the original Milestone Timeline with the attached Revised Milestone Timeline.
This Amendment is incorporated in and made a part of the contract. Except as amended herein, all other terms and
conditions of the contract remain in full force and effect. Any reference in the original contract or an Amendment to the
"contract" shall mean "contract as amended The Department and Contractor acknowledge and accept the terms of this
Amendment as identified above, effective on the final date of execution below. By signing this Amendment, the
signatories warrant they have the authority to execute this Amendment.
IN WITNESS WHEREOF, the parties have executed this Amendment:
FOR THE DEPARTMENT: FO CONTRACTOR:
Signatur
James M. Mullen, Director
Emergency Management Division
Washington State Military Department
BOILERPLATE APPROVED AS TO FORM:
Brian E. Buchholz (signature on file) 3/12/2010
Assistant Attorney General
Form Date 10/27/00
FEMA OPSG -FFY 11
Washington State Military Department
AMENDMENT
2 CONTRACT NUMBER:
Date
Page 1 of 2
for
Clallam County Sheriff's Office
APPROVED AS TO FORM
OR G NA_ 71
14,
41
3. AMENDMENT NUMBER
‘..-)1.1214 Zolt
Signature v Date r!
Howard V. Doherty, Jr.
Board of Commissioners
CLALLAIvI CO. PROSECUTORS OFP1C'Li
DATE: 1 7 Z 13 t�
Clallam County Sheriffs Office
E12 -282, Amendment A
OW
MILESTONE
September 1, 2011
July 15, 2012
January 15, 2013
July 15, 2013
January 15, 2014
June 30, 2014
August 14, 2014
Revised) MILESTONE TIMELINE
FFY11 Homeland Security Grant Program (HSGP)
Operation Stonegarden (OPSG)
TASK
Start of Grant Agreement performance period
Bi- Annual Progress Report due
Bi- Annual Progress Report due
Bi- Annual Progress Report due
Bi- Annual Progress Report due
End of Grant Agreement performance period.
Submit all final reports, requests for reimbursement and/or
deliverables
Exhibit D
FEMA OPSG -FFY 11 Page 2 of 2 ClaIlam County Sheriff's Office
E12 -282, Amendment A