HomeMy WebLinkAbout000988 Original Contract City of Port Angeles
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LETTER OF UNDERSTANDING BETWEEN Record # 000988_
PORT ANGELES POLICE DEPARTMENT AND CLALLAM COUNTY SHERIFF'S OFFICE
FFY 14 STONEGARDEN GRANT PROGRAM
The Clallam County Sheriff's 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(#E15-239). The 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 FFY14 Operation Stonegarden
Program. The 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(LOU) is
made to describe the funding award that shall be passed on to your agency upon receipt of approved reimbursement
requests and completed reporting form. The parties understand the funding amounts allocated in this LOU may be
altered with an email signifying agreement by both parties.
Port Angeles Police Department(PAPD) shall receive a maximum award amount of$16,360.00 for allowable
overtime, and mileage approved under the FFY14 Stonegarden Grant Program. PAPD will be reimbursed for direct
costs only of overtime and fringe benefits based on PAPD established overtime guidelines and policies, not to exceed
$16,000.00. Mileage: PAPD will be reimbursed at the federal rate of$.575 cents per mile, not to exceed $360.00. Any
other mileage submitted at a higher rate will be reimbursed pending approval by FEMA.
PAPD shall abide by all terms and conditions passed on to Clallam County Sheriff's Office as per the Washington State
Military Department Contract (#E15-239) attached hereto.
PAPD agrees to complete all reporting required by Washington State Military Department and Clallam County
Sheriff's Office and deliver that form by the deadline that shall be set by the Sheriff's Office.
The Clallam County Sheriff's Office reserves the right to transfer funding under this LOU to other partner
agencies if not used by PAPD during the grant period.
This LOU does not affect previous agreements between PAPD and the Clallam County Sheriff's Office. The life
of this LOU is dependent on the continuation of the award from Washington State Military Department. At present,
the award commenced September 1, 2014 and ends July 31, 2016.
It is further understood that PAPD must submit an invoice along with pertinent reimbursement details to the
Clallam County Sheriff's Office and that Clallam County Sheriff's Office will reimburse PAPD upon receipt of funds
from Washington State Military Department and that payment may take up to 90 days from the date of the invoice.
0 t- _a Date ? t 1
William L. Benedict, Sheriff
45 Date
Port Angeles Police Departm
Washington State Military Department 1
HOMELAND SECURITY GRANT AGREEMENT FACE SHEET
1. Sub-grantee Name and Address: 2. Grant Agreement Amount: 3. Grant Agreement Number:
Clallam County Sheriff's Office
223 East 4"'Street, Suite 12 $ 130,711 E15-239
Port An eles,WA 98362-3000
4. Sub-grantee Contact,phone/email: 5. Grant Agreement Start Date: 6. Grant Agreement End Date.
Karen Peterson,360-417-2393 September 1,2014 July 31, 2016
.kpete rs o n 2(c.c o.c l a I l a m.wa.us
7. Department Program Manager,phone/email: 8. Data Universal Numbering System(DUNS): 9. UBI#(state revenue):
Lord Gifford, 253-512-7140
lorri. ifford mil.wa. ov 075739235 054-004-559
10. Funding Authority:
Washington State Military Department(the"Department")and the U.S. Department of Homeland Security(DHS)
11. Federal Funding Source 12. Program Index#&OBJ/SUB-OJ: 13. Catalog of Federal Domestic 14. TIN.
Agreement#: Assistance (CFDA)#&Title:
EMW-2014-SS-00016-S01 743GA, 743GB,743GF,743GZ/NZ 97.067—HSGP(140PSG) 91-6001298
15. Service Districts: 16. Service Area by County(ies): 17. Women/Minority-Owned, State
(BY LEGISLATIVE DISTRICT): 39,40,42 Clalla Count Certified?: X N/A ❑ NO
m y
(BY CONGRESSIONAL DISTRICT: 2 ❑ YES,OMWBE#
18. Agreement Classification 19. Agreement Type(check all that apply):
❑ Personal Services ❑ Client Services X Public/Local Gov't ❑ Contract X Grant X Agreement
❑ Collaborative Research ❑ A/E ❑ Other ❑ Intergovernmental (RCW 39.34) ❑ Interagency
20. Sub-Grantee Selection Process: 21. Sub-Grantee Type(check all that apply)
X "To all who apply&qualify" ❑ Competitive Bidding ❑ Private Organization/Individual ❑ For-Profit
❑ Sole Source ❑ A/E RCW ❑ N/A X Public Organization/Jurisdiction X Non-Profit
❑ Filed w/OFM? ❑ Advertised? ❑YES ❑NO ❑ VENDOR X SUBRECIPIENT ❑OTHER
22. PURPOSE: The U.S. Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA) is
providing funds to boost the capability of state and local units of government to prevent, deter, respond to, and recover from
catastrophic and/or terrorist events through the FFY14 Operation Stonegarden Program (OPSG). The OPSG Grant
Program supports enhanced cooperation and coordination among local, Tribal, territorial, State and Federal law
enforcement agencies in a joint mission to secure the United States' borders along routes of ingress, to include travel
corridors along the Canadian and international water borders.
This agreement is based on Operations Order No. 15-BLWBLW-10-001 VO (Attachment 3), approved by FEMA and the
U.S. Customs and Border Protection/Border Patrol, and more fully described in the enclosed Scope of Work(Exhibit C).
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); 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 subject matter of
this Grant Agreement shall be deemed to exist or to bind any 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. Approved Projects
3. Special Terms and Conditions
4. General Terns and Conditions,and,
5. rather provisions of the grant agreement incorporated by reference.
WHEREAS,the parties hereto have executed this Grant Agreement on the day and year last specified below.
FOR THEpEPA)PTMENT: / FOR TH B-GR NT E:
ry�llc Zp l5
Signatur Date Si at Date
Richard A. Woodruff, Contracts Administrator tHn 'j�P Chair
Washington State Military Department Clallam County Board of Commissioners
BOILERPLATE APPROVED AS TO FORM: APP OVE S TO� pplicable):
Brian E_ Buchholz (Signature on file) 2/9/2015 �✓
Assistant Attorney General
Applicant's Legal Review c Date
Form 10/27/10 wig
DHS-FEMA-HSGP-OPSG-FFY14 Page 1 of 34 Clallam County Sheriffs Office, E15-239
Exhibit A
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-
SUB-GRANTEE MILITARY DEPARTMENT
Name Alice Hoffman Name Lord Gifford
Title Chief Civil Deputy Title Program Manager
E-Mail ahoffman(d3co.clallam.wa.us E-Mail lorri.gifford(&mil.wa.aov
Phone 360-417-2257 Phone 253-512-7121
Name Karen Peterson Name Tabitha Laird
Title Grant Coordinator Title Program Coordinator
E-Mail kpoerson cpco.clallam.wa.us E-Mail tabitha.lairdAmil.wa.pov
Phone 360-417-2393 Phone 253-512-7461
Name Name Dalton Gamboa
Title Title Program Assistant
E-Mail E-Mail dalton.gamboaAmil.wa.00v
Phone Phone 253-512-7044
ARTICLE If --ADMINISTRATIVE AND/OR FINANCIAL REQUIREMENTS
The Sub-grantee 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 FEMA applicable to the FY 2014 HSGP Program,
including, but not limited to, all criteria, restrictions and requirements of the "Department of
Homeland Security Funding Opportunity Announcement FY 2014 Homeland Security Grant
Program" document published by FEMA, the DHS Award Announcement Letter for Grant No.
EMW-2014-SS-00016-S01, and the federal regulations commonly applicable to DHS/FEMA
grants, which are incorporated herein by reference.
The Sub-grantee acknowledges that since this 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 Agreement prior to distribution 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 if federal
funds are not appropriated or in a particular amount.
A. STATE AND FEDERAL REQUIREMENTS FOR DHS/FEMA PREPAREDNESS
GRANTS:
The following requirements, which must be met prior to reimbursement, apply to all
DHS/FEMA Preparedness Grants administered by the Department.
1. REIMBURSEMENT&BUDGET REQUIREMENTS
a. This is a fixed price, reimbursement Grant Agreement. Within the total
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 Agreement.
DHS-FEMA-HSGP-OPSG-FFY14 Page 2 of 34 Clallam County Sheriffs Office,E15-239
b. 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, but shall not exceed
federal maximum rates set forth at http://www.gsa.gov without prior
written approval by Department key personnel_
c. Receipts and/or backup documentation for any approved budget line
items that are authorized under this Agreement must be maintained by
the Sub-grantee and be made available upon request by the Department,
and local, state, or federal auditors.
d. The Sub-grantee will submit reimbursement requests to the Department
by submitting 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
HLS.Reimbursements @mil.wa.gov no later than the due dates listed
within the Milestone Timeline (Exhibit D), but not more frequently than
monthly.
e. Any request for extension of a due date will be treated as a request for
Amendment of the Agreement and must be submitted to the
Department's Key Personnel sufficiently in advance of the due date to
provide adequate time for Department review and consideration, and can
be granted or denied within the Department's sole discretion.
f. All work under this Agreement must end on or before the Agreement End
Date, and the final reimbursement request must be submitted to the
Department within 45 days after the Agreement End Date, except as
otherwise authorized by written amendment of the Agreement unless
written approval is issued from the Department as permitted by
amendment.
g. 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 Agreement Amount.
h. 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.
i. 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".
j. Failure to timely submit complete reports and reimbursement requests as
required by this 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 reimbursement requests are
submitted and the Department has had reasonable time to conduct its
review.
k. Final reimbursement requests will not be approved for payment if the
Sub-grantee is not current with all reporting requirements contained in
this Agreement.
I. Cumulative changes to budget categories in excess of 10% of the
Agreement amount will not be reimbursed without prior written
DHS-FEMA-HSGP-OPSG-FFY14 Page 3 of 34 Clallam County Sheriffs Office,E15-239
authorization from the Department. In no case shall the total budget -
amount exceed the Agreement amount. Budget categories are as
specified or defined on the Budget Sheet Exhibit E of the Agreement.
Any changes to budget categories other than in compliance with this
paragraph will not be reimbursed.
M. The Sub-grantee is to ensure that Federal funds received under this
Agreement do not replace (supplant) funds that have been budgeted for
the same purpose through non-Federal sources. The HSGP Program
prohibits supplanting, and the Sub-grantee may be required to
demonstrate and document that a reduction in non-Federal resources
occurred for reasons other than the receipt or expected receipt of Federal
funds.
2. REPORTING REQUIREMENTS
a. The Sub-grantee shall submit with each reimbursement request a report
describing completed Work Plan activities for which reimbursement is
sought in the format provided by the Department.
b. The Sub-grantee shall also 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 Attachment#1 attached to and made a part
of this Agreement.
C. The Sub-grantee shall participate in the State's annual capabilities
assessment for the State Preparedness Report.
3. EQUIPMENT MANAGEMENT
All equipment purchased under this Agreement, by the Sub-grantee or a
contractor, will be recorded and maintained in the Sub-grantee's equipment
inventory system.
a. Allowable equipment categories for the FY 2014 HSGP Program are
listed on the web-based version of the Authorized Equipment List (AEL)
located at the DHS Lessons Learned Information Sharing Responder
Knowledge Base Home Page sponsored by FEMA at
http://www.11is.dhs.gov/knowledgebase. Reimbursement will only be
provided for purchases of equipment identified on the AEL as applicable
to the HSGP program for which the Sub-grantee has received written
approval from DHS and U.S_ Customs and Border Protection/Border
Patrol (CBP). Unless expressly provided otherwise, all equipment must
meet all mandatory regulatory and/or FEMA adopted standards to be
eligible for purchase using HSGP Program funds. No reimbursement will
be provided unless the appropriate prior written approval has been
provided.
b. Upon successful completion of the terms of this Agreement, all equipment
purchased through this 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.
C. The Sub-grantee, or a recognized sub-recipient/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.
DHS-FEMA-HSGP-OPSG-F FYI 4 Page 4 of 34 Clallam County Sheriffs Office, E15-239
d. 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 the 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.
e. 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.
f. 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.
g. 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.
h. 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.
i. 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:
i. 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.
ii. 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.
j. As a 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-recipients who receive
pass-through funding from this Agreement.
k. The Sub-grantee must obtain and maintain all necessary certifications
and licenses for the equipment. Sub-grantees are solely responsible for
ensuring equipment eligibility.
4. ENVIRONMENTAL AND HISTORICAL PRESERVATION
The Sub-grantee shall ensure full compliance with FEMA's Environmental
Planning and Historic Preservation (EHP) Program.
a. Sub-grantees proposing projects that have the potential to impact the
environment, including but not limited to construction of communication
towers, modification or renovation of existing buildings, structures and
DHS-FEMA-HSGP-OPSG-FFY14 Page 5 of 34 Clallam County Sheriffs Office, E15-239
- - facilities, or new construction including replacement of facilities, must
participate in the FEMA EHP review process.
b_ The EHP review process involves the submission of a detailed project
description that explains the goals and objectives of the proposed project
along with supporting documentation so FEMA may determine whether
the proposed project has the potential to impact environmental resources
and/or historic properties.
C. The Sub-grantee 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 before funds
are released to carry out the proposed project.
5. PROCUREMENT
The Sub-grantee shall comply with all procurement requirements of 44 CFR Part
13.36, Procurement as amended, and as specified in the General Terms and
Conditions, Exhibit B, A.28. 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.
6. SUB-GRANTEE MONITORING
a. 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 2 CFR Part 200 Subpart F or OMB Circular A-133.
b. To document compliance with 2 CFR Part 200 Subpart F or OMB Circular
A-133 requirements, as amended, the Sub-grantee shall complete and
return to the Department Attachment#2 "2 CFR Prat 200 Subpart F/OMB
Circular A-133 Audit Certification Form" with the signed Agreement and
each fiscal year thereafter until the Agreement is closed, upon which the
completed form is incorporated in and made a part of this Agreement.
C. Monitoring activities may include, but are not limited to:
i. review of performance reports;
ii. monitoring and documenting the completion of Agreement
deliverables;
iii. documentation of phone calls, meetings, a-mails and correspondence;
iv. review of reimbursement requests and supporting documentation to
ensure allowability and consistency with Agreement work plan, budget
and federal requirements;
v. observation and documentation of Agreement related activities, such
as exercises, training, funded events and equipment demonstrations;
vi. on-site visits to review equipment records and inventories, to verify
source documentation for reimbursement requests and performance
reports, and to verify completion of deliverables.
d. The 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.
T. NIMS COMPLIANCE
a. The National Incident Management System (NIMS) identifies concepts
and principles that answer how to manage emergencies from
DHS-FEMA-HSGP-OPSG-FFY14 Page 6 of 34 Clallam County Sheriff's Office, E15-239
_ preparedness to recovery regardless of t heir cause, size, location, or
-complexity. NIMS provides a consistent, nationwide approach and
vocabulary for multiple agencies or jurisdictions to work together to build,
sustain and deliver the core capabilities needed to achieve a secure and
resilient nation.
b. Consistent implementation of NIMS provides a solid foundation across
jurisdictions and disciplines to ensure effective and integrated
preparedness, planning, and response. NIMS empowers the components
of the National Preparedness System, a requirement of Presidential
Policy Directive (PPD)-8, to guide activities within the public and private
sector and describes the planning, organizing, equipping, training and
exercising needed to build and sustain the core capabilities in support of
the National Preparedness Goal_
c. The Sub-grantee agrees that in order to receive Federal Fiscal Year 2014
(FFY14) federal preparedness funding, to include HSGP, NIMS
compliance requirements for 2014 must be met.
B. HSGP SPECIFIC REQUIREMENTS
1. FFY 2014 HSGP stipulates the following for overall grant funding:
a. Up to five percent of HSGP funds awarded may be used for management
and administrative purposes directly related to administration of the grant.
b. At least twenty-five percent of the combined HSGP funds allocated under
SHSP and UASI are to be dedicated towards law enforcement terrorism
prevention activities (LETPA). The LETPA allocation can be from SHSP,
UASI or both.
c. Personnel expenses may not exceed fifty percent of the HSGP award.
d. Percentages applicable to the Sub-grantee under this Grant Agreement
may differ from the above overall FFY 2014 HSGP grant stipulations as
the requirements apply to the overall grant program:
i. The Grant Agreement percentage for management and administration
purposes may be less than, but will not exceed, the maximum five
percent.
ii. The Grant Agreement LETPA percentage may vary, but the Sub-
grantee must meet the percentage identified on the Budget Sheet as
a minimum.
iii. The Grant Agreement percentage for personnel expenses may vary,
but the Sub-grantee must not exceed the percentage identified on the
Budget Sheet.
2. Use of funds must be consistent with and supportive of implementation of the
State Homeland Security Strategy.
3. SHSP-funded projects must address the identified planning, organization,
equipment, training, and exercise needs to prevent, protect against, respond to,
and recover from acts of terrorism and other catastrophic events.
In addition, SHSP projects are to support the implementation of the National
Preparedness Guidelines, the National Incident Management System, the
National Response Framework, the National Strategy for Information Sharing,
the National Infrastructure Protection Plan, and the State Preparedness Report.
4. UASI-funded projects must _address the unique planning, organization,
equipment, training, and exercise needs of high-threat, high-density Urban
DHS-FEMA-HSGP-OPSG-FFY14 Page 7 of 34 Clallam County Sheriffs Office, E15-239
Areas, and assists them in building an enhanced and sustainable capacity to
prevent, protect against, respond to, and recover from acts of terrorism.
5. OPSG-funded projects must enhance cooperation and coordination among local,
tribal, territorial, 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 territories with international water borders.
6. The Sub-grantee shall use HSGP funds only to perform tasks as described in the
Work Plan, as approved by the Department.
7. Exercises should be managed and executed in accordance with the Homeland
Security Exercise and Evaluation Program (HSEEP). Upon completion of the
exercise, an After Action Report and an Improvement Plan must be prepared and
submitted as stipulated in the hftps:Hhseep.dhs.gov/pages/1001 HSEEP7.aspx
8. Sub-grantees will provide reports and/or assist with completion of reports
required by the grant including but not limited to the SPR, THIRA, core
capabilities assessment, and data calls.
9. The Sub-grantee shall submit all proposed equipment purchases for preapproval
to the Department's Equipment Subcommittee, to ensure that the requested
equipment is on the Authorized Equipment List, is aligned with the statewide
equipment purchasing strategy, and meets all statewide interoperability and
standardization requirements. This requirement does not pertain to OPSG. No
reimbursement for equipment costs shall be made until approval has been
provided by the Equipment Subcommittee.
10. Equipment purchased with funds from DHS grant programs is to be marked with
"Purchased with funds provided by the U.S. Department of Homeland Security"
whenever possible.
C. DHS FFY14 HSGP TERMS AND CONDITIONS
As a recipient of HSGP Program funding, the Sub-grantee shall comply with all applicable DHS
terms and conditions of the FFY14 HSGP Award Letter documents for DHS Grant No. EMW-
2014-SS-00016-S01, which are incorporated herein by reference, including but not limited to the
following:
1. Assurances, Administrative Requirements and Cost Principles
a. The Grantee, as a recipient of DHS federal financial assistance, must complete OMB
Standard Form 424B Assurances— Non-Construction Programs. Certain assurances
in this document may not be applicable to your program, and the awarding agency
may require applicants to certify additional assurances. Please contact the program
awarding office if you have any questions.
The administrative requirements that apply to Sub-grantees of DHS awards originate
from two sources:
• Office of Management and Budget(OMB)Circular A-102, Uniform
Administrative Requirements for Grants and Cooperative Agreements to
State and Local Governments(also known as the"A-102 Common Rule").
These A-102 requirements are also located within DHS regulations at Title
44, Code of Federal Regulations(CFR) Part 13.
j • OMB Circular A-110, Uniform Administrative Requirements for Grants and
j Agreements with Institutions of Higher Education, Hospitals,and Other Non-
Profit Organizations, relocated to 2 CFR Part 215.
b. The cost principles that apply to Sub-grantees of DHS awards through a grant
or cooperative agreement originate from one of the following sources:
• OMB Circular A-21, Cost Principles for Educational Institutions, relocated to
2 CFR Part 220.
DHS-FEMA-HSGP-OPSG-FFY14 Page 8.of 34 Clallam County Sheriffs Office, E15-239
i
i
i
I
•- OMB Circular A-87,Cost Principles for State; Local,and Indian Tribal
Governments, relocated to 2 CFR Part 225
• OMB Circular A-122,Cost Principles for Non-Profit Organizations, relocated
to 2 CFR Part 230.
The audit requirements for State, Local and Tribal Sub-grantees of DHS awards
originate from:
• OMB Circular A-133,Audits of States, Local Governments and Non-Profit
Organizations,and 2 CFR Part 200 Subpart F, as applicable.
2. Acknowledgment of Federal Funding from DHS
All Sub-grantees must acknowledge their use of federal funding when issuing statements, press
releases, requests for proposals, bid invitations, and other documents describing projects or
programs funded in whole or in part with Federal funds.
3. Activities Conducted Abroad
All Sub-grantees must ensure that project activities carried on outside the United States are
coordinated as necessary with appropriate government authorities and that appropriate licenses,
permits, or approvals are obtained.
4. Best Practices for Collection and Use of Personally Identifiable Information
(PII)
All Sub-grantees who collect PH are required to have a publically-available privacy policy that
describes what PH they collect, how they use the PII, whether they share PII with third parties,
and how individuals may have their PH corrected where appropriate.
Sub-grantees may also find as a useful resource the DHS Privacy Impact Assessments:
http://www.dhs.gov/xlibrary/assets/privacy/privacy_pia_guidance_june2010.pdf and
http://www.dhs.gov/xlibrary/assets/privacy/privacy—Pia_template.pdf, respectively.
5. Copyright
All Sub-grantees must affix the applicable copyright notices of 17 U.S.C. § 401 or 402 and an
acknowledgement of Government sponsorship (including award number) to any work first
produced under Federal financial assistance awards, unless the work includes any information
that is otherwise controlled by the Government (e.g., classified information or other information
subject to national security or export control laws or regulations).
6. Debarment and Suspension
All Sub-grantees must comply with Executive Orders 12549 and 12689, which provide protection
against waste, fraud and abuse by debarring or suspending those persons deemed irresponsible
in their dealings with the Federal government.
7. Drug-Free Workplace Regulations
All Sub-grantees must comply with the Drug-Free Workplace Act of 1988 (412 U.S.C. § 701 et
seq.), which requires that all organizations receiving grants from any Federal agency agree to
maintain a drug-free workplace.These regulations are codified at 2 CFR 3001.
8. Duplication of Benefits
State, Local and Tribal Sub-grantees must comply with 2 CFR Part§225,Appendix A, paragraph
(C)(3)(c), which provides that any cost allocable to a particular Federal award or cost objective
under the principles provided for in this authority may not be charged to other Federal awards to
overcome fund deficiencies.
DHS-FEMA-HSGP-OPSG-FFY14 Page 9 of 34 Ciallam County Sheriffs Office,E15-239
9. False Claims Act and Program Fraud Civil Remedies
All Sub-grantees must comply with the requirements of 31 U.S.C. § 3729 which set forth that no
recipient of federal payments shall submit a false claim for payment. See also 38 U.S.C. § 3801-
3812 which details the administrative remedies for false claims and statements made.
10. Federal Debt Status
All Sub-grantees are required to be non-delinquent in their repayment of any Federal debt.
Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and
benefit overpayments. See OMB Circular A-129 and form SF-42413, item number 17 for additional
information and guidance.
11. Fly America Act of 1974
All Sub-grantees must comply with Preference for U.S. Flag Air Carriers: (air carriers holding
certificates under 49 U.S.C. § 41102)for international air transportation of people and property to
the extent that such service is available, in accordance with the International Air Transportation
Fair Competitive Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative guidelines
issued by the Comptroller General of the United States in the March 31, 1981, amendment to
Comptroller General Decision B138942.
12. Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. §2225(a),
all Sub-grantees must ensure that all conference, meeting, convention, or training space funded
in whole or in part with Federal funds complies with the fire prevention and control guidelines of
the Federal Fire Prevention and Control Act of 1974, 15 U.S.C.§2225.
13. Lobbying Prohibitions
All Sub-grantees must comply with 31 U.S.C. § 1352, which provides that none of the funds
provided under an award may be expended by the recipient to pay any person to influence, or
attempt to influence an officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with any Federal
action concerning the award or renewal.
14. Non-supplanting Requirement
Sub-grantees who receive awards made under programs that prohibit supplanting by law must
ensure that Federal funds do not replace (supplant)funds that have been budgeted for the same
purpose through non-Federal sources. Where federal statues for a particular program prohibits
supplanting, Sub-grantees may be required to demonstrate and document that a reduction in
non-Federal resources occurred for reasons other than the receipt of expected receipt of Federal
funds.
15. Trafficking Victims Protection Act of 2000
All Sub-grantees must comply with the requirements of the government-wide award term which
implements Section 106(g)of the Trafficking Victims Protection Act(TVPA) of 2000, as amended
(22 U.S.C. § 7104), located at 2 CFR Part 175. This is implemented in accordance with OMB
Interim Final Guidance, Federal Register,Volume 72, No.218, November 13, 2007.
In accordance with the statutory requirement, each agency award under which funding is
provided to a private entity, Section 106(8) of the TVPA, as amended, requires the agency to
include a condition that authorizes the agency to terminate the award, without penalty, if the Sub-
grantee—
a. Engages in severe forms of trafficking in persons during the period of time that the
award is in effect;
b. Procures a commercial sex act during the period of time that the award is in effect;or
c. Uses forced labor in the performance of the award or subawards under the award.
DHS-FEMA-HSGP-OPSG-FFY14 Page 10 of 34 Clallam County Sheriffs Office, E15-239
Full text of the award term is provided at 2 CFR§175.15,
16. USA Patriot Act of 2001
All Sub-grantees must comply with the requirements of the Uniting and Strengthening America by
Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT
Act), which amends 18 U.S.C. §§ 175-175c. Among other things, the USA PATRIOT Act
prescribes criminal penalties for possession of any biological agent, toxin, or delivery system of a
type or in a quantity that is not reasonably justified by a prophylactic, protective, bona fide
research, or other peaceful purpose.
17. Use of DHS Seal, Logo and Flags
All Sub-grantees must obtain DHS's approval prior to using the DHS seal(s), logos, crests or
reproductions of flags or likenesses of DHS agency officials, including use of the United States
Coast Guard seal, logo,crests or reproductions of flags or likenesses of Coast Guard officials.
18. DHS Specific Acknowledgements and Assurances
All Sub-grantees must acknowledge and agree—and require any sub-recipients, contractors,
successors, transferees, and assignees acknowledge and agree—to comply with applicable
provisions governing DHS access to records, accounts, documents, information, facilities, and
staff.
a. Sub-grantees must cooperate with any compliance review or complaint
investigation conducted by DHS.
b. Sub-grantees must give DHS access to and the right to examine and copy
records, accounts, and other documents and sources of information related to
the grant and permit access to facilities, personnel, and other individuals and
information as may be necessary, as required by DHS regulations and other
applicable laws or program guidance.
C. Sub-grantees must submit timely, complete, and accurate reports to the
appropriate DHS officials and maintain appropriate backup documentation to
support the reports.
d. Sub-grantees must comply with all other special reporting, data collection,and
evaluation requirements, as prescribed by law or detailed in program guidance.
e. If,during the past three years,the Sub-grantee has been accused of
discrimination on the grounds of race,color, national origin (including limited
English proficiency), sex,age,disability, religion,or familial status,the Sub-
grantee must provide a list of all such proceedings,pending or completed,
including outcome and copies of settlement agreements to the DHS awarding
office and the DHS Office of Civil Rights and Civil Liberties.
f. In the event any court or administrative agency makes a finding of discrimination
on grounds of race,color, national origin(including limited English proficiency),
sex,age,disability, religion, or familial status against the Sub-grantee, or the
Sub-grantee settles a case or matter alleging such discrimination, Sub-grantees
must forward a copy of the complaint and findings to the DHS Component and/or
awarding office.
The United States has the right to seek judicial enforcement of these obligations.
19_ Incorporation by Reference of Funding Opportunity Announcement
The Funding Opportunity Announcement for this program is hereby incorporated into this
Agreement by reference. By accepting this award and entering this Agreement, the Sub-grantee
agrees that all allocations and use of funds under this grant will be in accordance with the
requirements contained in the HSGP Funding Opportunity Announcement.
DHS-FEMA-HSGP-OPSG-FFY14 Page 11 of 34 Clallam County Sheriffs Office, E15-239
M Acceptance of Post Award Changes _
In the event FEMA determines that changes are necessary to the award document after an award
has been made, including changes to period of performance or terms and conditions, Sub-
grantees will be notified of the changes in writing. Once notification has been made, any
subsequent request for funds will indicate Sub-grantee acceptance of the changes to the award.
Please call the FEMA/GMD Call Center at(866) 927-5646 or via e-mail to ASK-GMD @dhs.gov if
you have any questions_
21. Age Discrimination Act of 1975
All Sub-grantees must comply with the requirements of the Age Discrimination Act of 1975 (42
U.S.C. § 6101 et seq.), which prohibits discrimination on the basis of age in any program or
activity receiving Federal financial assistance.
22. Americans with Disabilities Act of 1990
All Sub-grantees must comply with the requirements of Titles I, II, and III of the Americans with
Disabilities Act, which prohibits recipients from discriminating on the basis of disability in the
operation of public entities, public and private transportation systems, places of public
accommodation, and certain testing entities(42 U.S.C. §§ 12101-12213).
23. Title VI of the Civil Rights Act of 1964
All Sub-grantees must comply with the requirements of Title VI of the Civil Rights Act of 1964(42
U.S.C. § 2000d et seq.), codified at 6 CFR Part 21 and 44 CFR Part 7, which provides that no
person in the United States will,on the grounds of race, color, or national origin,be excluded from
participation in, be denied the benefits of, or be subjected to discrimination under any program or
activity receiving Federal financial assistance.
24. Civil Rights Act of 1968
All Sub-grantees must comply with Title VIII of the Civil Rights Act of 1968, which prohibits Sub-
grantees from discriminating in the sale, rental, financing, and advertising of dwellings, or in the
provision of services in connection therewith, on the basis of race, color, national origin, religion,
disability, familial status, and sex(42 U.S.C. § 3601 et seq.), as implemented by the Department
of Housing and Urban Development at 24 CFR Part 100. The prohibition on disability
discrimination includes the requirement that new multifamily housing with four or more dwelling
units—i.e.,the public and common use areas and individual apartment units(all units in buildings
with elevators and ground-floor units in buildings without elevators)—be designed and
constructed with certain accessible features(see 24 CFR§ 100.201).
25. Limited English Proficiency(Civil Rights Act of 1964, Title VI)
All Sub-grantees 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 Sub-grantees 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. In order to facilitate compliance with Title VI, Sub-grantees are
encouraged to consider the need for language services for LEP persons served or encountered in
developing program budgets. 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 Sub-grantee 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
https://www.dhs.gov/guidance-published-help-department-supported-organizations-provide-
meaningful-accesspeople-limited and additional resources on http://www.lep.gov.
DHS-FEMA-HSGP-OPSG-FFY14 Page 12 of 34 Clallam County Sheriffs Office, E15-239
26. SAFECOM
Sub-grantees who receive awards made under programs that provide emergency communication
equipment and its related activities must comply with the SAFECOM Guidance for Emergency
Communication Grants, including provisions on technical standards that ensure and enhance
interoperable communications.
27. Title IX of the Education Amendments of 1975 (Equal Opportunity in
Education Act)
All Sub-grantees must comply with the requirements of Title IX of the Education Amendments of
1972 (20 U.S.C. § 1681 et seq.), which provides that no person in the United States will, on the
basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any educational program or activity receiving Federal financial assistance.
These regulations are codified at 6 CFR Part 17 and 44 CFR Part 19.
28. Rehabilitation Act of 1973
All Sub-grantees must comply with the requirements of Section 504 of the Rehabilitation Act of
1973, 29 U.S.C. § 794, as amended, which provides that no otherwise qualified handicapped
individual in the United States will, solely by reason of the handicap, be excluded from
participation in, be denied the benefits of, or be subjected to discrimination under any program or
activity receiving Federal financial assistance. These requirements pertain to the provision of
benefits or services as well as to employment.
29. Reporting Subawards and Executive Compensation
a. Reporting of first-tier subawards.
i_ Applicability. Unless you are exempt as provided in paragraph d. of this
award term, you must report each action that obligates$25,000 or more in
Federal funds that does not include Recovery funds(as defined in section
1512(a)(2)of the American Recovery and Reinvestment Act of 2009, Pub. L.
111-5)for a subaward to an entity(see definitions in paragraph e.of this
award term).
ii. Where and when to report.
• You must report each obligating action described in paragraph a.1. of
this award term to http://www.fsrs.gov.
• For subaward information, report no later than the end of the month
following the month in which the obligation was made. (For example, if
the obligation was made on November 7,2010,the obligation must be
reported by no later than December 31,2010.)
iii. What to report. You must report the information about each obligating action
in accordance with the submission instructions posted at http:H www.fsrs.gov
specify.
b. Reporting Total Compensation of Recipient Executives.
i. Applicability and what to report. You must report total compensation for each
of your five most highly compensated executives for the preceding completed
fiscal year, if
• the total Federal funding authorized to date under this award is $25,000
or more;
• in the preceding fiscal year, you received-
- 80 percent or more of your annual gross revenues from Federal
procurement contracts(and subcontracts)and Federal financial
assistance subject to the Transparency Act, as defined at 2 CFR
170.320(and subawards); and
DHS-FEMA-HSGP-OPSG-FFY14 Page 13 of 34 Clallam County Sheriffs Office,E15-239
- $25,000,000 or more in annual gross revenues from federal
procurement contracts(and subcontracts)and Federal financial
assistance subject to the Transparency Act, as defined at 2 CFR
170.320(and subawards);and
• The public does not have access to information about the compensation
of the executives through periodic reports filed under section 13(a)or
15(d) of the Securities Exchange Act of 1934(15 U.S.C.78m(a),78o(d))
or section 6104 of the Internal Revenue Code of 1986. (To determine if
the public has access to the compensation information,see the U.S.
Security and Exchange Commission total compensation filings at
http://www.sec.gov/answers/execomp.htm.)
ii. Where and when to report.You must report executive total compensation
described in paragraph b.i.of this award term:
• As part of your registration profile at http://www.sam.gov.
• By the end of the month following the month in which this award is made,
and annually thereafter.
C. Reporting of Total Compensation of Subrecipient Executives.
i. Applicability and what to report.Unless you are exempt as provided in
paragraph d. of this award term,for each first-tier subrecipient under this
award, you shall report the names and total compensation of each of the
subrecipient's five most highly compensated executives for the subrecipient's
preceding completed fiscal year,if
• in the subrecipient's preceding fiscal year,the subrecipient received-
- 80 percent or more of its annual gross revenues from Federal
procurement contracts(and subcontracts)and Federal financial
assistance subject to the Transparency Act, as defined at 2 CFR
170.320(and subawards);and
- $25,000,000 or more in annual gross revenues from Federal
procurement contracts(and subcontracts), and Federal financial
assistance subject to the Transparency Act(and subawards); and
• The public does not have access to information about the compensation
of the executives through periodic reports filed under section 13(a) or
15(d)of the Securities Exchange Act of 1934 (15 U.S.C.78m(a),78o(d))
or section 6104 of the Internal Revenue Code of 1986. (To determine if
the public has access to the compensation information, see the
U.S.Security and Exchange Commission total compensation filings at
hftg://www.sec.gov/answers/execomo.htm.)
ii. Where and when to report.You must report subrecipient executive total
compensation described in paragraph c.i. of this award term:
• To the recipient.
• By the end of the month following the month during which you make the
subaward. For example, if a subaward is obligated on any date during
the month of October of a given year(i.e., between October 1 and 31),
you must report any required compensation information of the
subrecipient by November 30 of that year.
d. Exemptions
L If, in the previous tax year, you had gross income,from all sources, under
$300,000, you are exempt from the requirements to report:
i
• Subawards, and
• The total compensation of the five most highly compensated executives
of any subrecipient.
DHS-FEMA-HSGP-OPSG-FFY14 Page 14 of 34 Clallam County Sheriffs Office, E15-239
I
e. Definitions.For purposes of this award term: _.
i. Entity means all of the following, as defined in 2 CFR§25.320:
• A Governmental organization, which is a State, local government, or
Indian tribe;
• A foreign public entity;
• A domestic or foreign nonprofit organization;
• A domestic or foreign for-profit organization;
• A Federal agency, but only as a subrecipient under an award or
subaward to a non-Federal entity.
ii. Executive means officers, managing partners, or any other employees in
management positions,as defined in 2 CFR§170.315.
iii. Subaward, as defined in 2 CFR§ 170.325:
• This term means a legal instrument to provide support for the
performance of any portion of the substantive project or program for
which you received this award and that you as the recipient award to an
eligible subrecipient_
• The term does not include your procurement of property and services
needed to carry out the project or program (for further explanation, see
Sec.—.210 of the attachment to OMB Circular A-133, "Audits of States,
Local Governments, and Non-Profit Organizations").
• A subaward may be provided through any legal agreement, including an
agreement that you or a subrecipient considers a contract.
iv. Subrecipient, as defined in 2 CFR§25.360, means an entity that:
• Receives a subaward from you (the recipient)under this award; and
• Is accountable to you for the use of the Federal funds provided by the
subaward.
V. Total compensation,as defined in 2 CFR§ 170.330 means the cash and
noncash dollar value earned by the executive during the recipient's or
subrecipient's preceding fiscal year and includes the following (for more
information see 17 CFR 229.402(c)(2)):
• Salary and bonus.
• Awards of stock,stock options, and stock appreciation rights. Use the
dollar amount recognized for financial statement reporting purposes with
respect to the fiscal year in accordance with the Statement of Financial
Accounting Standards No. 123(Revised 2004)(FAS 123R), Shared
Based Payments.
• Earnings for services under non-equity incentive plans.This does not
include group life, health,hospitalization or medical
• Reimbursement plans that do not discriminate in favor of executives, and
are available generally to all salaried employees.
• Change in pension value.This is the change in present value of defined
benefit and actuarial pension plans.
• Above-market earnings on deferred compensation which is not tax-
qualified.
• Other compensation,if the aggregate value of all such other
compensation(e.g.severance, termination payments, value of life
insurance paid on behalf of the employee,perquisites or property)for the
executive exceeds$10,000.
DHS-FEMA-HSGP-OPSG-FFY14 Page 15 of 34 Clallam County Sherifrs Office, E15-239
Exhibit B
Washington State Military Department
GENERAL TERMS AND CONDITIONS
Department of Homeland Security(DHS)/
Federal Emergency Management Agency(FEMA)
Grants
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 government 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 government 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 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 the 2 CFR Part
200 Subpart F, as applicable, or 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) as applicable. 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/Circular No. A-133. As defined in
Circular A-133, the term "non-federal entity" means a State, local government, Indian
tribe, institution of higher education, or non-profit organization that carries out a federal
award as a recipient or subrecipient.
Sub-grantees that qualify as subrecipients 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
DHS-FEMA-HSGP-OPSG-FFY14 Page 16 of 34 Clallam County Sheriffs Office,E15-239
Yellow Book) developed by the United States Comptroller General and the OMB
Compliance Supplement. The Sub-grantee has the responsibility of notifying its auditor
and requesting an audit in compliance with 2 CFR Part 200 Subpart F/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 an allowable
grant expenditure as authorized by 2 CFR Part 200 Subpart F/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:
Contracts Office
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 2 CFR Part
200/Circular A-133, Sub-grantee must 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:
Contracts Office
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 2 CFR Part
200/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 2 CFP Part 200/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 2 CFR Part
200/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.
DHS-FEMA-HSGP-OPSG-FFY14 Page 17 of 34 Ciallam County Sheriffs Office,E15-239
AA 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 System
for Award Management(tftp:/fwwca.sam.ctov) maintained by the federal government. 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 Lisa"
(http.//wwwlni wa pouf fradesLicensing/PrevWage/Awardin gAgenc&dDebarredConlradorsJ).
The SUB-GRANTEE 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
(httpJMrowv des wa gov/ urd> a/klsinessfPa
w.Vendor-Debarinent x).
A.8 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
DHS-FEMA-HSGP-OPSG-FFY14 Page 18 of 34 Clallam County Sheriffs Office, E15-239
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 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.9 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.
A.10 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, 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),
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.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 Sub-
grantee's responsibilities with respect to services provided under this Grant 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 contract, 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 panel 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 panel shall consist of a representative
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appointed by the Department, a representative appointed by the Contractor and a third
party mutually agreed upon by both parties. The panel shall, by majority vote, resolve
the dispute. Each party shall bear the cost for its panel member and its attorney fees
and costs, and share equally the cost of the third panel member.
A.13 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.
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, this 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-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 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
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-scope of work and
budget or unilaterally terminate all or part of the Agreement as a "Termination for Cause"
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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.16 NONASSIGNABILITY
Neither this Grant Agreement, nor any claim arising under this Grant Agreement, shall
be transferred or assigned by the Sub-grantee.
A.17 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.18 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.
A.19 OCCUPATIONAL SAFETY/HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/
HEALTH ACT (OSHANVISHA)
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.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 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.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 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.23 PUBLICITY
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
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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.24 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.
A.25 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 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 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.26 RESPONSIBILITY FOR PROJECT/STATEMENT OF WORKMORK 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.
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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.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 Governments, 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.
Sub-Grantees must comply with the following provisions regarding procurement, and all
Sub-Grantee contracts with sub-contractors must contain the following provisions
regarding procurement, per 44 CFR Part 13.36(i):
1) Administrative, contractual, or legal remedies in instances where contractors violate
or breach contract terms, and provide for such sanctions and penalties as may be
appropriate. (All contracts more than the simplified acquisition threshold).
2) Termination for cause and for convenience by the grantee or sub-grantee including
the manner by which it will be effected and the basis for settlement. (All contracts in
excess of$10,000).
3) Compliance with Executive Order 11246 of September 24, 1965, entitled "Equal
Employment Opportunity," as amended by Executive Order 11375 of October 13,
1967, and as supplemented in Department of Labor regulations (41 CFR chapter
60). (All construction contracts awarded in excess of$10,000 by grantees and their
contractors or sub-grantees).
4) Compliance with the Copeland "Anti-Kickback"Act(18 U.S.C. 874) as supplemented
in Department of Labor regulations (29 CFR Part 3). (All contracts and sub-grants for
construction or repair).
5) Compliance with the Davis-Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented
by Department of Labor regulations (29 CFR part 5). (Construction contracts in
excess of $2,000 awarded by grantees and sub-grantees when required by Federal
grant program legislation).
6) Compliance with Sections 103 and 107 of the Contract Work Hours and Safety
Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor
regulations (29 CFR Part 5). (Construction contracts awarded by grantees and sub-
grantees in excess of $2,000, and in excess of $2,500 for other contracts which
involve the employment of mechanics or laborers).
7) Notice of awarding agency requirements and regulations pertaining to reporting.
8) Notice of awarding agency requirements and regulations pertaining to patent rights
with respect to any discovery or invention which arises or is developed in the course
of or under such contract.
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9) Awarding agency requirements and regulations pertaining to copyrights and rights in
data.
10)Access by the grantee, the sub-grantee, the Federal grantor 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.
11)Retention of all required records for three years after grantees or sub-grantees make
final payments and all other pending matters are closed.
12)Compliance with all applicable standards, orders, or requirements issued under
section 306 of the Clean Air Act(42 U.S.C. 1857(h)), section 508 of the Clean Water
Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency
regulations (40 CFR part 15). (All contracts, sub-contracts, and sub-grants of
amounts in excess of$100,000).
13)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).
The DEPARTMENT reserves the right to review the Sub-Grantee procurement plans
and documents, and require the Sub-Grantee to make changes to bring its plans and
documents into compliance with the requirements of 44 CFR Part 13.36. The Sub-
Grantee 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 Sub-Grantee and DEPARTMENT to make a
determination on eligibility of project costs.
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.
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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.
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 all 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".
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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
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.
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_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 BUSINESS ENTERPRISES (MWBE)
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. 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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Exhibit C
2014 Homeland Security Grant Program (HSGP)
Operation Stonegarden (OPSG) Scope of Work
Sub-grantee Clallam County
Sector/Station AOR Blaine Sector
Operations Order Title OPSG 00 WA-Clallam FYI 15-BLWBLW-10-001 VO
Operations Order Number 15-BLWBLW-1 0-00 1 VO (approved Operations Order
Attachment 3)
The Sub-grantee's Scope of Work is the approved Operations Order(15-BLWBLW-10-001 VO).
The approved Operations Order was received as a separate portable document format (PDF)
from FEMA and the U.S. Customs Border Patrol. The Department's grant agreement contract
boilerplate does not permit incorporation of PDF files; therefore, the referenced Operations
Order is appended to this Agreement as Attachment No. 3.
The mission of OPSG is to provide increased border security and situational awareness through
intelligence sharing and operational coordination with state and local law enforcement agencies.
In coordination with the U.S. Border Patrol, participating agencies will perform additional routine
patrols and special operations in order to supplement the Department of Homeland Security in
the prevention, detection, and deterrence of any illegal cross-border activity and the detection
and disruption of criminal or terrorist organizations attempting to smuggle narcotics, people or
weapons of mass destruction into the United States. Equipment purchased under OPSG will be
used to conduct operations in coordination with the U.S. Border Patrol that enhance border
security_
The 140PSG Operations Order for Clallam County was jointly developed by the County and
Customs Border Patrol Blaine Sector, and received formal approval by FEMA and the U.S.
Customs and Border Protection/Border Patrol, dated April 1, 2015. The approved mission and
detailed Scope of Work are entirely contained within the approved Operations Order and the
Sub-grantee agrees to fulfill the Scope of Work as outlined in the approved Operations Order.
Modifications to amend this agreement shall be coordinated with the Customs Border Patrol
Blaine Sector and the Department, and will be predicated upon an approved fragmentary
(FRAG)Operations Order.
I
DHS-FEMA-HSGP-OPSG-FFY14 Page 28 of 34 Clallam County Sheriffs Office,E15-239
Exhibit D
TIMELINE
FFY14 Homeland Security Grant Program (HSGP)
Operation Stonegarden (OPSG)
DATE TASK
September 1, 2014 Start of Grant Agreement performance period
May 15, 2015 Submit Reimbursement Request and Progress Report
July 15, 2015 Submit Reimbursement Request and Progress Report
October 15, 2015 Submit Reimbursement Request and Progress Report
January 15, 2016 Submit Reimbursement Request and Progress Report
April 15, 2016 Submit Reimbursement Request and Progress Report
July 31, 2016 All work ceases.Agreement End Date.
Submit Closeout Report and Final Reimbursement
NLT: September 14, 2016 Request.
Closeout Report is due before final invoice is reimbursed.
DHS-FEMA-HSGP-OPSG-FFY14 Page 29 of 34 Clallam County Sheriffs Office, E15-239
Exhibit E
BUDGET
FFY14 Homeland Security Grant Program (HSGP)
Operation Stonegarden(OPSG)
Clallam County Sheriff's Office
CATEGORIES ALLOCATION FUNDING SOURCE
Operational Overtime $ 44,219.95 743GZ/ NZ
Fringe $ 13,201.25 743GZ/ NZ
Equipment :n� $ 65,481.27 743GB /NZ
1 k'
Indirect $ 1,272.98 743GB /NZ
M&A @ 5% $ 6,535.55 743GF/NZ (personnel)
743GA/ NZ (non-personnel)
TOTAL ALLOCATION AMOUNT: $ 130,711.00
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$65,355.50.
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.
4. M&A Expenditures: M&A activities must be directly related to the management and administration of
the OPSG sub-grant, or as a consequence of the grant.
• Personnel M&A: Examples include the following:
• Preparing or submitting programmatic or financial reports;
• Establishing and/or maintaining OPSG equipment inventory and/or usage logs;
• Documenting OPSG operational expenditures for financial accounting purposes;and
• Responding to activities such as requests for programmatic and/or financial data by state and/or federal
oversight authorities.
• Non-personnel M&A: Examples include the following:
• Supplies for setting up grant files;and
• Travel costs associated with monitoring a subrecipient.
M&A may not be used for the following:
• Overtime costs incurred for law enforcement activities associated with OPSG,including the planning,coordination and
execution of specific operations;
. Equipment and expendable supply costs incurred for law enforcement activities associated with OPSG;
. Transportation costs(such as mileage or per diem for travel)for law enforcement activities associated with OPSG;and
. Personnel expenses to secure back-fill coverage for those law enforcement officials involved in activities associated with
OPSG.
DHS-FEMA-HSGP-OPSG-FFY14 Page 30 of 34 Clallam County Sheriffs Office, E15-239
ATTACHMENT#1
ADDITIONAL AGREEMENT PROVISIONS AND WORKSHEET
For Compliance With The
Federal Funding Accountability and Transparency Act of 2006(P.L. 109-282) (FFATA)
The Federal Funding Accountability and Transparency Act (FFATA) was signed on September
26, 2006. The FFATA legislation requires information on federal awards (federal financial
assistance and expenditures) be made available to the public via a single, searchable website.
Federal awards include grants, subgrants, loans, awards, cooperative agreements and other forms
of financial assistance as well as contracts, subcontracts, purchase orders, task orders, and
delivery orders. The legislation does not require inclusion of individual transactions below
$25,000 or credit card transactions before October 1, 2008. However, if an award is initially
below this amount yet later increased, the act is triggered. Due to this variability in compliance
Subrecipients are required by the Military Department to be familiar with the FFATA
requirements and complete this Worksheet for each contract for the State's submission in to the
FFATA portal.
ADDITIONAL PROVISIONS
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.
System for Award Management (SAM) is a government wide registration system for
organizations that do business with the Federal Government. SAM stores information
DHS-FEMA-HSGP-OPSG-FFY14 Page 31 of 34 Clallam County Sheriffs Office, E15-239
about awardees including financial account information for payment purposes and a
link to D&B for maintaining current DUNS information, www.sam.gov. WMD
requires SAM 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:
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.
DHS-FEMA-HSGP-OPSG-FFY14 Page 32 of 34 Clallam County Sheriff's Office,E15-239
WORKSHEET
Subrecipient Agency: Clallam County
Grant and Year: FFY14 OPSG Agreement Number: E15-239
Completed Alice Hoffman Chief Civil Deputy 360-417-2257
by: P Y
Name Title Telephone
Date Completed:
Mmr
YES STOP, no further NO
Is your grant agreement less than$25,000? F-1 analysis needed, GO to Step 2
GO to Step 6
In your preceding fiscal year,did your YES NO STOP, no further
organization receive 80%or more of its annual ❑ GO to STEP 3 ❑/ analysis needed,GO to
gross revenues from federal funding? V Step 6
In your preceding fiscal year, did your YES NO STOP, no further
organization receive$25,000,000 or more in GO to STEP 4 a analysis needed,GO to
federal funding? Step 6
Does the public have access to information about YES STOP, no further NO
the total compensation*of senior executives in o analysis needed, F GO to STEP 5
your organization? GO to step 6
Executive#1 ' Name:
Total Compensation amount: $
Executive#2 Name:
Total Compensation amount: $
Executive#3 Name.-
Total Compensation amount: $
Name:
Executive#4 Total Compensation amount: $
Name:
Executive#5 Total Compensation amount:$
If your organization does not meet these criteria,specifically identify below each criteria that is not met for your
organization: For Example:"Our organization received less than$25,000."
Our organization received less than 80% of its annual gross revenues from federal funding.
Signature: or 4 0 Date: l2 pka Zo15
Total compensation refers to:
• Salary and bonuses
• Awards of stock,stock options,and stock appreciation rights
• Other compensation including, but not limited to, severance and termination payments
• Life insurance value paid on behalf of the employee
Additional Resources:
http://www.whitehouse.gov/omb/open
http://www.hrsa.gov/grants/ffata.htmi
http://www.qpo.qovlfdsys/pkg/FR-2010-09-14/`Pdf/2010-22705.pd f
hftp://www.grants.go v/
2 CFR Part 200 Subpart F/OMB Circular A-133 Audit Certification
Form AudlLS of States, Local Governments, Indian Tribes,and Non-Profit Organizations
(,UI':�(1Ci �II`l?i"rTlrllli?:i
Subrecipient(Sub-Grantee)Name(Agency,Local Government,or organization): CLALLAM COUNTY
Authorized Chief Financial Officer(Central Accounting ogee): Stan Creasey, Chief Accountant, Auditor's Office
Address:223 E. 4th St., Suite 12, Port Angeles, WA 98362
Email: screasey @co.clallamma.us Phone#:360-417-2224
Purpose: As a pass-through entity of federal grant funds,the Washington Military Department/Emergency Management Division('ANIWENID)is
required by 2 CFR Part 200 Subpart F/Offiice of Management and Budget(ONIB) Circular A-133 to monitor activities of subrecipients to ensure
fcder<•il awards are used for authorized purposes and verily that subrecipients expending$750,000 or more in federal awards during their fiscal
year have met the 2 CFR Part 200 Subpart F/OMB Circular A-133 Audit Requirements,as applicable. Your entity is a subrecipieut subject to
such monitoring by MlL/EMD because it is a non-federal entity that expends fedevad gnutt funds received From MIL,/EMD as a pass-through entity
to catty out a federal program. 2 CFR Part 200 Subpart F/OMB Circular A-133 should be consulted when completing this form.
Directions: As required by 2 CFR Part 200 Subpart F/OMB Circular A-133,non-federal entities that expend$750,000 in federal awards in a fiscal
year shall have a single or program-specific audit conducted for that year. If your entity is IIOCsubject to these requirements, you must complete
Section A of this Form. If your entity is subject to these requirements, you must complete Section B of this form- When completed,you must
sign,date,and return this form with your grant agreement contract and every fiscal year thereafter until the grant agreement contract is closed.
Failure to return this completed ,'Audit Certification Form may result in delay of grant agreement processing, widhholdmg of federal awards or
disallowance of costs,and suspension or termination of federal awards.
SEMONA, Entities NOTsub'ct to&eguL&t g&ooft CMPan2Su00 b A-183
Our entity is not subject to the requirements of 2 CFR Part 240 Subpar F/OMB Circular-A-133 because(check all that apply):
❑We did not expend$750,000 or more of total federal awards during die fiscal year.
❑ We are a for-profit agency.
❑ We are exempt for other reasons(describe):
However,by signing below,I agree that we are still subject to the audit requirements,laws and regulations governing the program(s)in which we
participate,that we are required to maintain records of federal funding and to provide access to such records by federal and state agencies and
their designees,and that WMD/EMD may request and be provided access to additional information and/or documentation to ensure proper
stewardship of federal funds.
SECIlONB:Entities tbatAREsubtect to the au&trequiremwo oft t,TRPart 200 Submt FIOAM CYMn A-138
(Complete the information below and clheck the appropriate box)
'K We complete(]our h st 2 CFR Part.200 Subpart F/A-133 Audit on[enter date IM—0-tj.for Fiscal Year ending tenter datetl�3 -J�There
were no Findings related to federal awards From WMD/EMD. No follow-up action is required by WMD/EMD as the pass-through entity.
A complete copy of the audit report,which includes exceptions,corrective action plan and management response,is either provided
electronicaIIy to contra,cts.office@mil wa.gov or provide the state auditor report number..__L!_Z 2._3
❑ We co mpleted our-last 2 CFR Part 200 Subpart F/A-133 Audit on(enter dated________for Fiscal Yc,u-ending tenter datel_____
There were lndings related to federal awards.
A complete copy of the audit report,which includes exceptions,corrective action plan and management response,is either provided
electronically to contzacts.ofce@mil.wa gov or provide the state auditor report number----------------
❑ Our completed 2 CFR Pat 200 Subpart F/A-1.33 Audit will be available on tenter dalel_____for Fiscal Year ending
tenter datct_______ Mle will forward a copy of the audit report to coutracts.olliceCa?mil.h+a.gov at that time or provide the state auditor
report irutnber:
I hereby certify that I am an individual authorized by the above identified entity to complete this form. Further,l certify that the above
information is true and correct and all relevant material findings contained in audit report/statement have been disclosed.Additionally,I
understand this Form is to be submitted every fiscal year for which this entity is a subrecipieut of federal grant funds from N1IL/EMD
until the grant agreement contract is closed. i 1
Signature of Authorized Chief Financial Officer: Date: �1 I 1 !7,0 1 S
Print Name&'ritie: Stan Creasey,chief Accountant,Auditors office
WMD Form 1009-13,8/19/2013,Updated 219/2015
3�!
_ Attachment 3
U.S.Department of Homeland Security
Washington,DC 20472
J�c.RrNrit
7r�a
FEMA
F
ftVil E��
April 01,2015
Bret Daugherty, Major General
The Adjutant General
Washington Military Department
20 Aviation Drive
Camp Murray, WA 98430-5122
Dear MG Daugherty:
Please be advised that, based on the Department of Homeland Security, Federal Emergency
Management Agency's (FEMA) Operation Stonegarden Grant Program (OPSG) guidelines and
special conditions associated with this program, the below referenced Operations Order is
conditionally approved:
Operations Order No: 15-BLWBLW-10-00 1 VO
Fiscal Year: 2014
Amount Approved: $130,711.00
Operations Order Dates:09/1/2014—08/31/2016
Recipient:Clallam County WA
Expenditures from the Operations Order that were reviewed and approved by FEMA and U.S.
Customs and Border Protection/Border Patrol (CBP) include: overtime and fringe costs
($57,421.20), indirect costs($1272.98), and M&A($6,535.55).
Funds for $65,481.27 for equipment may not be expended until EHP approval has been received
from FEMA.
These expenses will assist the County in conducting border centric, intelligence driven operations
with the goal of reduction or elimination of threat, risk and vulnerability along our Nations' borders.
Please find the below special conditions associated with OPSG and retain this letter for your grant
files. If you have any questions,please feel free to contact me at(202)786-0871.
Sincerely,
Program Analyst
U.S. Department of Homeland Security
Federal Emergency Management Agency
Grant Programs Directorate
FOR OFFICIAL USE ONLY-LAW ENFORCEMENT SENSITIVE
Cc: U.S. Customs and Border Protection/Border Patrol
The following Special Conditions are associated with this Operation Stonegarden award:
1. Construction and construction-type activities are prohibited.
2. Lethal or less than lethal forces including, but not limited to: weapons, firearms, ammunition
and tasers are prohibited.
3. Per the Personnel Reimbursement for Intelligence Cooperation and Enhancement (PRICE)of
Homeland Security Act(Public Law 110-412), the sum of all personnel related expenses shall
not exceed 50%of the recipient's allocation without first obtaining a waiver from the FEMA
Administrator.
4. All participating agencies shall monitor, review and track expenditures of OPSG
funds under individual Operations Orders issued. Participating agencies shall not
obligate, and/or encumber OPSG grant funds beyond the total of their allocation
issued by FEMA.
5. The Operations Order has been reviewed and approved under the Environmental and
Historic Preservation Program (EHP)guidelines as being categorically excluded from
further EHP review.
6. Recipients must submit a letter of justification for all proposed vehicles or equipment items
in excess of$100,000. This justification will be reviewed by CBP and FEMA.
FOR OFFICIAL USE ONLY-LAW ENFORCEMENT SENSITIVE
_ }PSG operations Order Worksheet _
Dale Rccclved ir(nn tltc FIc•I(I: 11/05/14
Oatc. Iltc 01wrations Orcicr was Worlce(1 by (MI) Ops: 02(10/15
()l)craho its Orclrr Numbcr: 15-BLWBLW-10-001
Operation start (late: 09101/2014
C•c,ulliv: Clallam Grant Year: 2014
State.: Washington
Scoot.: Blaine FY Award Amount/Balance: $130,711.00
Does talc Yl' Rc(Itucst FM-Cc(I 50w, ()x•c•ronic: 544,219.95
<&[tic awar(I:' (I xtter is ucecic'(I If'()T is c,�er No I�riII>c
$13,201-25
:iU'1�, because c,l Prig Ac•t):
1,(ltu(�nlctlt: $65,481.27
()`l ,jusliiicali(nt Leiter Altachc•(l:': N/A luck 50.00
t chick'Justification [.cltcr:': N/A ll tint<ulcucc: 50.00
Mileage: $0.00
Iri(Grccl: $1,272.98
Date Forwar(Icd to SITA: 2/11/2015 Comm -M&A: $6.535.55
Total $130,711.00
SIGNATURES:
llc t'le'.v('(1 In':
Op. aliln•cmc(I l)N: Forbes
OPSG 00 WA Clallam FY 2014 Operation Order Total Cost Budget
J. Overtime Fringe Equipment. Fuel Mafrit Allen. IMS ed M&A Totat
Clallam $15,256.62 $2,593.57 $65,481.27 $0.00 : $0,00 50.00 $1,272.98 $6,535.55 $91,139.99
County Cost i
Forks Police 50
� - $0.00---�- - ---- .----
$1,930.00 $980. .00 $0.00 S0.00 $0.00 $0.00
00
Costs $2,910.00
LaPush $1,948.50 59ti1.50 $0.00 $0.00 $0.00 $0.00 SO.00 50.00
Tribal Costs 52,910.00
Lower i $0.00 $0.00 $0.00 50-00 SO-00 50.00
Elwha 52,738-00 $170.00 $2,908.00
Tribal
Makah $0.00 SO-00 $0.00 50.00 50.00 $0.00
Tribal Costs
$2,366.00 $1,084.00 $3,450.00
Port $0.00 1 $0.00 $0.00 $0.00 $0.00 $0.00
Angeles $12,009.40 $4,290.78 i $16,300.18
Police
Sequim $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Police Costs $6,307.26 $2,586.00 $8,893.26
Washington $1,664.17 $53-540 50.00 $0.00 50.00 $0.00 $0.00 $0.00 $2,199.57
State Patrol
Total Cost $44,219.95 $13,201.25 $65,481.27 $0.00 $0.00 $0.00 $1,272.98 $6,535.55 $130,711.00
Form -9 Request for Taxpayer Give Form to the
(Rev.August 2013) requester.Do not
Department of the Treasury Identification Number and Certification send to the IRS.
Internal Revenue Service
Name(as shown on your income tax return)
Clallam Count
N Business name/disregarded entity name,if different from above
ar
on
M
CL Check appropriate box for federal tax classification: Exemptions(see instructions):
C
o ❑Individual/sole proprietor C Corporation rn p p ❑ p ❑ S Corporation ❑ Partnership ❑ Trust/estate
a o Exempt payee code(if any)
a` ❑ Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P=partnership)11- Exemption from FATCA reporting
c y code(if any)
a ❑✓ Other(see instructions)► Political Subdivision
E U Address(number,street,and apt.or suite no.) Requester's name and address(optional)
R. 223 East 4th Street,Suite 1
City,state,and ZIP code
d
N Port Angeles,WA 98362
List account number(s)here(optional)
Taxpayer Identification Number(TIN)
Enter your TIN in the appropriate box.The TIN provided must match the name given on the"Name"line Social security number
avoid backup withholding.For individuals,this is your social security number However,for a
re —m —
resident alien,sole proprietor,or disregarded entity,see the Part I instructions on n page 3.For other
entities,it is your employer identification number(EIN).If you do not have a number,see How to get a FM
TIN on page 3.
Note.If the account is in more than one name,see the chart on page 4 for guidelines on whose Employer Identification number
number to enter.
9 1 — 6 1 0 1 0 1 1 1 2 9 8
Certification
Under penalties of perjury,I certify that:
1. The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me),and
2. 1 am not subject to backup withholding because:(a)1 am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue
Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am
no longer subject to backup withholding,and
3. 1 am a U.S.citizen or other U.S.person(defined below),and
4.The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct.
Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding
because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage
interest paid,acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and
generally,payments other than interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the
instructions on page 3.
Sign Signatureof D91a1yW4`i"yJO mv'c"
OW M=JoArtn V4� y o--CJ.arigm County.oo=.AUdi:Ors Office,email-iwoke yCm cfeam wa.us.—Us
Here U.S.person►Dale:2014.0528 15;07:33-07W Date►
General Instructions withholding tax on foreign partners'share of effectively connected income,and
Section references are to the Internal Revenue Code unless otherwise noted. 4.Certify that FATCA code(s)entered on this form(if any)indicating that you are
exempt from the FATCA reporting,is correct.
Future developments,The IRS has created a page on IRS.gov for information Note.If you are a U.S.person and a requester gives you a form other than Form
about Form W-9,at www.irs.gov/w9.Information about any future developments W-9 to request your TIN,you must use the requester's form if it is substantially
affecting Form W-9(such as legislation enacted after we release it)will be posted similar to this Form W-9,
on that page.
Definition of a U.S.person.For federal tax purposes,you are considered a U.S.
Purpose of Form person if you are:
A person who is required to file an information return with the IRS must obtain your •An individual who is a U.S.citizen or U.S.resident alien,
correct taxpayer identification number(TIN)to report,for example,income paid to •A partnership,corporation,company,or association created or organized in the
you,payments made to you in settlement of payment card and third party network United States or under the laws of the United States,
transactions,real estate transactions,mortgage interest you paid,acquisition or .An estate(other than a foreign estate),or
abandonment of secured property,cancellation of debt,or contributions you made
to an IRA. •A domestic trust(as defined in Regulations section 301.7701-7).
Use Form W-9 only if you are a U.S.person(including a resident alien),to Special rules for partnerships.Partnerships that conduct a trade or business in
provide your correct TIN to the person requesting a(the requester)and,when the United States are generally required to pay a withholding tax under section
applicable,to: 1446 on any foreign partners'share of effectively connected taxable income from
such business.Further,in certain cases where a Form W-9 has not been received,
1_Certify that the TIN you are giving is correct(or you are waiting for a number
to be issued), the rules under section 1446 require a partnership to presume that a partner is a
foreign person,and pay the section 1446 withholding tax.Therefore,if you are a
2.Certify that you are not subject to backup withholding,or U.S.person that is a partner in a partnership conducting a trade or business in the
3.Claim exemption from backup withholding if you are a U.S.exempt payee.If United States,provide Form W-9 to the partnership to establish your U.S.status
applicable,you are also certifying that as a U.S-person,your allocable share of and avoid section 1446 withholding on your share of partnership income.
any partnership income from a U.S.trade or business is not subject to the
Cat No.10231X Form w-9(Rev.8-2013)
SIGNATURE AUTHORIZATION FORS
WASHINGTON STATE MILITARY DEPARTMENT
Camp Murray, Washington 98430-5122
Please read instructions on reverse side before co m leting this form.
NAME OF ORGANIZATION DATE SUBMITTED
Clallam County Sheriffs Office
PROJECT DESCRIPTION CONTRACT NUMBER
FFY14 OPSG
E15-239
1. AUTHORIZING AUTHORITY
SIGNATURE PRINT OR TYPE NAME TITLE/TERM OF OFFICE
/"-A 44� Jim McEntire Chair of the Board
2. AUTHORIZED TO SIGN CONTRACTS/CONTRACT AMENDMENTS
SIGNATURE PRINT OR TYPE NAME TITLE
Cr Jim McEntire Chair of the Board
3. AUTHORIZED TO SIGN REQUESTS FOR REIMBURSEMENT
SIGNATURE PRINT OR TYPE NAME TITLE
cl'�G&�ia Alice Hoffman Chief Civil Deputy
Jackie Koon Fiscal Specialist
\\NAC-11V01� OMEWAREN81—AWMIGNAUTH- Revised 3103
- Washington Military Department Contract Number:E15-239
Debarment,Suspension, Ineligibility or Voluntary Exclusion Certification Form
NAME Doing business as(DBA)
Clallam County Sheriff's Office Clallam County
ADDRESS Applicable Procurement WA Uniform Business Federal Employer Tax
223 East 4th St., Suite 12 or Solicitation x,if any: Identifier(UBI) Identification#:
Port Angeles,WA 98362 075739235 91-6001298
This certification is submitted as part of a reqnest to contract.
Instructions For Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion--Lower
Tier Covered Transactions
READ CAREFULLY BEFORE SIGNING THE CERTIFICATION. Federal regulations require contractors and bidders to sign and
abide by the terms of this certification, without modification, in order to participate in certain transactions directly or
indirectly involving federal funds.
1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out
below.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this
transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an
erroneous certification, in addition to other remedies available to the Federal Government the department or agency
with which this transaction originated may pursue available remedies,including suspension and/or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the department, institution or office to
which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was
erroneous when submitted or had become erroneous by reason of changed circumstances.
4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person,
primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning
set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the
person to which this proposal is submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered
transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is
proposed for debarment under the applicable CFR, debarred, suspended, declared ineligible, or voluntarily excluded
from participation in this covered transaction, unless authorized by the department or agency with which this
transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered
Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered
transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered
transaction that it is not proposed for debarment under applicable CFR, debarred, suspended, ineligible, or voluntarily
excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the
method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required
to, check the List of Parties Excluded from Federal Procurement and Non-procurement Programs.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to
render in good faith the certification required by this clause. The knowledge and information of a participant is not
required to exceed that which is normally possessed by a prudent person in the ordinary course of business activity.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under applicable
CFR,suspended,debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other
remedies available to the Federal Government, the department or agency with which this transaction originated may
pursue available remedies, including suspension and/or debarment.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier
Covered Transactions
The prospective lower tier participant certifies, by submission of this proposal or contract, that neither it nor its
principals is presently debarred,suspended, proposed for debarment,declared ineligible,or voluntarily excluded
from participation in this transaction by any Federal department or agency. Where the prospective lower tier
participant is unable to certify to any of the statements in this certification, such prospective participant shall
attach an explanation to this form.
Bidder or Contractor Signature: Date: I z ZOlS
Print Name and Title: Jim McEntire, Chair of the Board
OPERATION STONEGARDEN DAILY ACTIVITY REPORT__
Authorizing Officer: Signature: Dater
SLT Agency Border Patrol Sector Location of Operation Shift
** Name of Local Agency** Blaine Clallam County WA N/A
Name of Officer Overtime Hours Overtime Rate Total $Expended
$0.00
$0.00
Total 0,00 $0,00
FUEL
Mileage
Vehicle Number Start Stop 'otal miles Gallons $Gas Purchased
0
0
0
0
Vehicle Sto s lA burned over to BP
Citations Issued . Narcotics Seizates
Mlsdeme466r, nests' Type and Wei lit
f=elon Arrests Intel Events{ pf:392s)
Stolen Vebicles Cases
Vehicle Pursuits 7, bn--droi Seizures
:Mileage Reimbursal Equipment Purchased
Total Miles Rate/Mile $Total Description $Amount
0 0.575 $0.00
0 0.575 $0.00
0 0.575 $0.00
0 0.575 $0.00
Total 0 $Q.00
Maintenance Costs
Description $Amount
Total $0.00
Other Authorized Expenses
Type Description $Amount
w __. Ron Cameron L County Sheriffs OJ °ce G�
Undeisheriff
r WASPC Accredited Agency
223 East 4t'Street,Suite 12 Brian King
Port Angeles, WA 98362-3015 Chief Criminal Deputy
Support Services: (360)417-2270 Alice Hoffman
W. L. Benedict Fax.(360)417-2498 Chief Civil Deputy
Sheriff http://www.clallam.net/departments/sheriff Ron Sukert
Chief Corrections Deputy
sheriff(cr�,co.claHam.wa.us
August 27, 2015
Brian Smith, Depu hi f Police
Port Angeles Pol' e Department
321 E. 5f' St.
Port Angeles, WA 98362
Re: Operation Stonegarden Grant Overtime and Mileage Agreements.
Enclosed you will find the Letter of Understanding for Stonegarden IFFY 14 between City of Port
Angeles Police Department and Clallam County that has been signed by Sheriff Benedict. We
ask that you sign the document and return the original to Clallam County Sheriff's Office.
In this packet we have a copy of the Daily Activity Report(DAR)that must accompany your
invoice for Overtime and Mileage reimbursements. Grant requirements state we must have a
DAR filled out and an invoice before we can reimburse you for your Operational Overtime and
Mileage. This is an electronic form that requires you to download it and send it to us completed
along with any timesheets that will back that information on the DAR. If you do not have access
to the form please email Karen Peterson, kpeterson2@co.clallam.wa.us and she will email you an
electronic version.
IFFY 14 Operation Stonegarden contract ends July 31, 2016 so we ask that we receive any
invoices, DAR's and timesheets by June 30, 2016 so that we may access any possible
redistribution of funding.
We thank you ahead of time for your assistance in getting the agreements signed and returned to
us prior to September 15, 2015.
Ron Cameron, Project Manager- Alice Hoffman, Grant Manager Karen Peterson,Grant Coordinator
Clallam County Sheriff's Office Clallam County Sheriff's Office Clallam County Sheriff's Office
rcameron(aD,co.clallam.wa.us ahoffman@co.clal lam.wa.us kpeterson2na,co.claltam.wa.us
360-417-2544 360-417-2257 360-417-2393