HomeMy WebLinkAbout000273 Original Contract1
U- T9 -K044
U- T9 -K044
PSGP FY09 MEMORANDUM OF AGREEMENT (MOA)
Between
MARINE EXCHANGE OF PUGET SOUND
ameras
And
CITY OF PORT ANGELES
City of Port Angeles
Record #000273
This Agreement is made and entered into by and between Northwest Maritime Advisory Service, d/b /a
Marine Exchange of Puget Sound "Marine Exchange a Washington corporation, and City of Port Angeles
"Subgrantee
WHEREAS, Marine Exchange has been appointed by the Federal Emergency Management Agency
"FEMA') to act 'as the Puget Sound Fiduciary Agent "the FA for the FY 2009 Port Security Grant
Program "PSGP pursuant to 46 USC 70107 and the Maritime Transportation Security Act; and
WHEREAS, a Cooperative Agreement between the FA and FEMA, incorporated into this MOA as Appendix
A, makes the FA responsible for management and administration of PSGP grant award 2009- PU- T9 -K044
"the Award and designates the FA as the direct representative of FEMA and intermediary and funding
pass through agent between FEMA and Subgrantees; and
WHEREAS, the FA's role includes but is not limited to the following tasks:
Serve as funds pass through agent while maintaining fiscal integrity of the Award;
Receive funds from FEMA and disburse funds to Subgrantees in accordance with FEMA
guidelines and policies, Federal grant and procurement laws, and Subgrantee's approved
Investment Justification(s) (L1(s)) including corresponding budgets, which are incorporated in to
this MOA as Appendix B;
Ensure that procurement and payment documentation provided by Subgrantee is adequate to
satisfy subsequent Federal agency audits;
Monitor Subgrantee's financial and accounting policies and practices with regard to the
Project(s) identified below to ensure that they properly address and comply with FEMA
guidelines and policies and with Federal grant and procurement laws;
Conduct all necessary interactions with FEMA on matters such as project scope and budget
changes, environmental and historic preservation (EHP) requirements, timeline extensions,
and other such matters; and
Monitor Subgrantee's progress in carrying out work on the Project(s) identified below in a
timely fashion in order to complete them within the FY09 grant period; and
WHEREAS, Subgrantee has requested and been granted an allocation of funds from grant award 2009 -PU-
T9-K044 "the Subaward for the following Project(s):
Communications Equipment Project
WHEREAS, Subgrantee will plan, develop, and execute that (those) Project(s) in accordance with and as
defined in the 1J(s) in Appendix B; and
WHEREAS, the purpose of this MOA is to establish the conditions and circumstances under which the FA
will manage and administer the Subaward and will disburse funds to Subgrantee for approved costs incurred
in carrying out the Project(s) identified above;
THEREFORE, the parties agree as follows:
1. Pre Project and Project Initiation Activities
a. With regard to each Project, when FEMA notifies the FA that all conditions imposed by FEMA for
the Project have been satisfied, and after this MOA has been signed by both parties, the FA shall
notify Subgrantee that its Subaward for that Project is formally effective. Such notification shall be
made by electronic or other written means; and the date of that electronic or other written notice
shall constitute the effective date of the Subaward.
b. Subgrantee shall comply with all applicable federal, State and local environmental and historic
preservation (EHP) requirements and shall provide any information requested by FEMA to ensure
compliance with applicable laws. Subgrantee is responsible for identifying and obtaining all other
required federal, state, and local permits and/or approvals necessary, to complete projects. The
responsibility to ascertain and comply with all environmental and permitting requirements lies
exclusively with the Subgrantee.
c. Subgrantee shall not begin any work on any Project, including any obligation of funds, until
informed by the FA that the Subaward for that Project is effective.
d. Prior to beginning the Project(s), Subgrantee shall provide the following assurances to the FA:
SBA Form 1623 Certification Regarding Debarment, Suspension, and Other Responsibility
Matters
Certification Regarding Drug -Free Workplace Requirements
U.S. Dept. of Commerce Form CD -511— Certification Regarding Lobbying
Standard Form LLL Disclosure of Lobbying Activities (only if Subgrantee has engaged in
lobbying)
Standard Form 242B Assurances Non Construction Programs (if project is not a
construction project)
Standard Form 242D Assurances Construction Programs (if project is a construction
project)
Accounting System and Financial Capability Questionnaire (if Subgrantee has not had an active
Federal grant within the past three years)
Subgrantee agrees to be bound by and comply with these assurances throughout the MOA period
and to bind its contractors, consultants, and vendors to the same assurances..
e. If Subgrantee is a consortium, prior to beginning work on the Project(s), it shall provide to the FA
an MOA or other document clearly setting out the identity of the consortium's coordinator or
facilitator and how the consortium will operate and how distribution and use of the resources
provided by the Subaward will be managed.
MOA Page 2 of 22
g.
MOAPage3of22
f. If Subgrantee plans to provide an in -kind cost share, it shall provide documentation on all elements
of the cost share to the FA prior to beginning the Project(s). Such documentation shall include all
information necessary to determine that the cost is an appropriate in -kind cost share under PSGP
guidelines, including depreciated value and date of acquisition.
Subgrantee shall begin each Project within sixty (60) days following the effective date of the
Subaward for that Project, or this agreement may be subject to cancellation with regard to that
Project. Evidence of beginning each Project shall be reported to the FA within sixty (60) days and
may include, but is not limited to, project time line, written and/or electronic communications,
development and issue of solicitation announcements, contracting documents, purchase orders,
and/or similar compliance documents acceptable to the FA.
h. Subgrantee understands and warrants that funds received under this MOA shall supplement, but not
supplant or replace state or local funds or other resources that otherwise, in the absence of such
funds, would have been made available for the Project(s) to be executed under this MOA, and that
if such other funds or resources would otherwise have been made available, Subgrantee may be
required to repay funds received.
2. Project Performance
a. Subgrantee shall comply with all federal statutes, regulations and guidance applicable to
administration of a PSGP Subaward, including but not limited to
With regard to administrative requirements:
o For state, local, and tribal governments: 44 CFR Part 13 (OMB Circular A -102)
o For all other Subgrantees: 2 CFR Part 215 (OMB Circular A -110)
With regard to cost principles:
o For state, local, and tribal governments: 2 CFR Part 225 (OMB Circular A-87)
o For colleges and universities: 2 CFR Part 220 (OMB Circular A -21)
o For not for profits: 2 CFR Part 230 (OMB Circular A -122)
o For for profits: 48 CFR Part 31 (FAR 31.2)
With regard to audit requirements:
o For all Subgrantees: OMB Circular A -133, which requires an annual organization -wide or
program audit if Subgrantee expends $500,000 or more of federal funds during its fiscal
year, unless a lower threshold is established by any applicable rule, regulation or standard.
PSGP FY 09 Guidance
The FA will provide technical assistance where possible, but Subgrantee shall be responsible for
familiarity and compliance with relevant federal statutes, regulations, and PSGP guidance.
Subgrantee shall also assure that where applicable, all recipients of grant funds also comply.
Subgrantee's obligation to comply with these statutes, regulations, and guidance exist separate and
apart from this MOA and shall survive expiration or earlier termination of the MOA.
b. Subgrantee shall be additionally guided and governed by, and shall strictly adhere to, the
requirements in "Marine Exchange of Puget Sound PSGP Procurement and Purchasing Policies
and Procedures" which is hereby incorporated by reference and made a non severable part of this
Agreement. Marine Exchange shall make changes in that document when required in order for
Subgrantee to comply with federal laws, regulations, or policy, and shall inform Subgrantee by
electronic or other written means within five (5) business days of such changes.
c. The FA and Subgrantee agree to abide by all Special Conditions of the Cooperative Agreement in
Appendix A. Subgrantee shall also comply with the following requirement specified by FEMA as
a condition of Subaward approval: NA
d. Subgrantee agrees to use all reasonable means to complete the Project(s) by March 31, 2012. If all
reasonable means have been used and the Project(s) cannot be completed by that date, the FA will
attempt to obtain one or more project performance period extensions from FEMA, but in no case
will extensions for project completion, including filing of fmal reports, be granted beyond June 30,
2014.
e. The FA is the primary contact with FEMA regarding projects under this MOA. If Subgrantee has
any questions, problems, or issues regarding projects, Subgrantee should make every possible
attempt to resolve them with the FA rather than contacting FEMA. The FA will, in any event, be
involved in any resolution handled in coordination with FEMA.
f. Subgrantee must get FA approval for any major project changes, including but not limited to project
intent or scope, including location or capability of equipment, equipment or services not included in
the original U and budget, any other budget changes, and grant performance period. Subgrantee
shall notify the FA electronically or by other written means of any such proposed major changes.
The FA will submit the proposed changes to FEMA if necessary, and upon approval, the FA will
incorporate the changes into a revised Appendix B. Subgrantee shall not enter into any contract
and/or purchase agreement for the amended scope or budget until the FA provides notice by
electronic or other written means that the change is approved.
Subgrantee shall not enter into contracts and/or purchase agreements for execution of the Project(s)
for any items and services except those that are listed, specifically or as part of a group of items or
services, in the approved budget for that Project in Appendix B, as revised in accordance with
paragraph 2.f. of this MOA.
h. All contracts for execution of any Project shall provide that Subgrantee, or the designated
coordinator if Subgrantee is a consortium, shall retain ultimate control and responsibility for the
proper execution of the Project and that contract and purchasing requirements as detailed herein,
including those in Appendix A, will also apply and bind any contractor, consultant or vendor when
so required by federal statute and regulations.
i. In any case in which Subgranlee enters into a contract with third parties, the FA is not a party to
such a contract and shall not be obligated or liable for any breach of contract or other action at law
or in equity to any party other than Subgrantee.
Subgrantee shall maintain effective safeguards, control, and accountability for all property acquired
using funds under the Subaward and assure that it is used solely for authorized grant purposes as
described in Subgrantee's [J(s). Title to and disposal of property shall be handled in accordance
with OMB Circulars A -102 and A -110.
3. Monitoring and Reporting
g.
J.
a. Throughout the Project(s), Subgrantee agrees to facilitate the FA's monitoring responsibilities by
providing reasonable response to requests from the FA, including but not limited to the following:
Designation of a Project Manager with daily, hands-on involvement in the Project(s), who shall
respond to routine inquiries about the Project(s). Initial Project Manager is:
Name: T€RR.y GALLA6t{E2� Phone: 3‘0 `(l"f ill 01
Email: 430.ticnln Q C 0 )0, 11 S
MOA Page 4 of 22
MOA Page 5 of 22
Designation of a specific financial person who is involved in or supervises invoicing and
processing of reimbursements, and who shall respond to requests to monitor financial policies,
processes, and records. Initial financial contact is: (//17-5‘60()
Name: i i'C(' f (7 e t Phone: 3&
4 taiiee Email: et, etc ea, a$
Provision of prompt notice to the FA, by electronic or other written means from the Project
Manager or Subgrantee's signator to this MOA, if these personnel change
Ensuring that reasonable access to required information about the Project(s) is granted to the FA
and, when requested, to FEMA.
Periodically allowing the FA to make an on -site physical inspection of the Project(s).
Notifying the FA when key milestones have been reached in the Project(s).
b. Subgrantee shall submit programmatic and financial reports on the Project(s) at such times and in
such format as the FA prescribes. These reports shall include but not be limited to quarterly
financial reports submitted not later than the 15th day of January, April, July and October; semi-
annual progress reports by the 15th of January and July each year and final reports required by
FEMA to close out the Project(s). The final reports must be filed with the FA within thirty (30)
days after completion of each Project, and in no event later than June 30, 2014. The FA will not
pay the fmal cost invoice for any Project until it has received and approved the final close -out
reports for that Project.
c. Subgrantee shall notify FA of any program income generated by a Project within the month
following the month when it is earned, and shall comply with provisions of OMB Circular A -110
with regard to handling of such income.
4. Funding and Payments
a. In executing this MOA, the FA shall follow all of its normal accounting policies and practices
including the issuance of an internal purchase order for the amount expected to be received from
FEMA and disbursed to Subgrantee for each Project.
b. In matters of invoices, payments, and reimbursements, Subgrantee and the FA shall comply with
the provisions of "Marine Exchange of Puget Sound PSGP Procurement and Purchasing Policies
and Procedures," which is further described in paragraph 2.b. of this MOA. The FA may make
exceptions to the provisions of that document in a one -time case of extreme hardship or
extenuating circumstances, at the sole discretion of the FA.
c. Subgrantee understands and acknowledges that only certain costs are allowable under federal law
and the PSGP guidelines, and that FEMA's approval of Subgrantee's Subaward neither guarantees
that all items and amounts in the approved budget are allowable nor supercedes or waives PSGP
provisions regarding allowable costs.
d. In no event shall the FA be obligated to reimburse Subgrantee for any Project related expenditures
in amounts not expressly included in the approved budget for that Project in Appendix B, as
revised in accordance with paragraph 2.f. of this MOA.
e. The FA may suspend payments to Subgrantee if Subgrantee fails to comply with:
The terms and conditions of the Subaward, including the intent stated in Subgrantee's 11; or
Any provision of this MOA, including but not limited to the assurances in Section 1.d.
or Appendix A of this MOA, or the document titled in "Marine Exchange of Puget Sound PSGP
Procurement and Purchasing Policies and Procedures"; or
MOA Page 8 of 22
PSGP FY09 Guidance or any federal, state, or local law related to a Project;
Upon such finding, the FA shall notify the Subgrantee in writing to correct any deficiencies found.
If said deficiencies are not corrected within fifteen (15) business days, after consultation with
FEMA, the Fiduciary Agent may suspend or cancel this MOA and the Subaward upon furnishing
electronic or other written notice of such action to Subgrantee.
f. Subgrantee understands and acknowledges that any of the compliance failures cited in Section 4.e.
may result in a requirement by FEMA that funding already received must be repaid.
g. Subgrantee understands and acknowledges that the FA is a pass through agent for FEMA funds,
and that if any funds are required to be repaid to the federal government because of findings of an
audit by a federal authority or for any other reason, the FA shall not be liable for such repayment.
5. Other Provisions
a. This MOA shall be binding on all parties thereto.
b. If Subgrantee is a consortium, the coordinator or facilitator identified in accordance with paragraph
1.e. of this MOA shall be responsible for compliance by all members of the consortium with the
provisions of this MOA and associated applicable statutes, regulations, and other requirements.
c. Subgrantee shall not assign or transfer any interest in this MOA or the Subaward without prior
written consent of the FA and FEMA. This specifically includes any assignment and/or transfer
occurring as a matter of law or of Subgrantee ownership transfer.
d. The failure of the FA to insist upon strict performance of any provision of this agreement or to
exercise any right based upon a breach thereof, or the acceptance of any performance during such a
breach, shall not constitute a waiver of any rights assigned to the FA under this MOA.
e. The FA encourages Subgrantee to obtain and maintain, for the duration of this MOA, the following
insurance, with the FA named as an additional insured:
Commercial General Liabi lity insurance on ISO Form CG 00 01 10 01 (or equivalent)
Professional Liability Insurance (Errors and Omissions)
Employer's Crime Insurance (Fidelity Bond)
If Subgrantee does not obtain and maintain the described insurance, Subgrantee shall indemnify,
defend, and hold harmless the FA and its officers, directors, employees, contractors, and agents,
from and against all liability, loss, cost or expense (including attorney's fees) by reason of liability
imposed upon the FA that would have been covered by said insurance if Subgrantee had obtained
and maintained it.
f. Subgrantee shall indemnify, defend and hold harmless the FA, arising out of or related to
Subgrantee's performance under this MOA and/or the Subgrantee's conduct of the Project(s),
whether caused by or contributed to by the FA or any other party indemnified herein, including but
not limited to any breach, misfeasance, malfeasance, negligent or intentional acts of Subgrantee, its
officers, agents, or employees or its contractors or subcontractors or their officers, agents, or
employees, unless such a loss is caused solely by the misfeasance, malfeasance, or negligence of
the FA, its officers, directors, employees or agents. Such indemnity shall survive the expiration or
earlier termination of this MOA.
g. Notices shall be delivered to the addresses or e-mails shown in the signature blocks of this MOA
unless one or both of the parties provide change of such contact information by electronic or other
written means.
h. If a dispute arises out of or relates to this MOA, or a breach thereof, and if the dispute cannot be
settled through negotiation, the parties agree first to try in good faith to resolve the dispute by
mediation before resorting to arbitration, litigation or other adversarial dispute resolution process.
The mediation and any subsequent dispute resolution process, including litigation, are to be
conducted in the English language in the city of Seattle, Washington.
L This MOA, along with the Appendices and other materials referred to in the MOA, constitute the
entire agreement between the FA and the Subgrantee as to the Subaward and the Project(s). Any
and all prior writings between those parties pertaining to those subjects shall have no legally
binding effect, and except as otherwise expressly provided in the MOA or the documents to which
it refers, neither shall any contemporaneous or subsequent changes to the Parties' agreement on
these topics unless made in writing and signed by both Parties.
This MOA shall take effect on the date of signing by both parties and shall remain in effect for the duration
of the Award period, ending September 30, 2014, unless terminated earlier as provided herein.
MARINE EXCHANGE OF PUGET SOUND
100 West Harrison, Suite S -560, Seattle WA 98119
E-mail psgp(marineexchangesea.com
Dated: I Z-- 20 ZO t t Si
CITY OF PORT ANGELES
P.O. Box 1150
Port Angeles, WA 98362 p
E -mail: t�allah a City6ir po•
Dated: 12.20. 201%
MOA Page 7 of 22
John Veent er, Executive Director
Signed
Print Name
Til
r-
Appendix A Cooperative Agreement Between the Federal Emergency Management Agency and Marine
Exchange of Puget Sound for management and administration of PSGP grant award 2009
PU-T9-K044
Appendix B Investment Justification and Budget for PSGP grant award 2009-PU-T9-K044-37,
Communications Equipment Project
Investment Justification and Budget for PSGP grant award 2009- PU- T9- K044 -38, Cameras
Project
MOA Page 8 of 22
APPENDICES TO
PSGP FY09 MEMORANDUM OF AGREEMENT (MOA)
Between
MARINE EXCHANGE OF PUGET SOUND
And
CITY OF PORT ANGELES
os vattv Department of Homeland Security FEMA
Grant Programs Directorate
Cooperative Agreement
PAGE 1 OF 3
1. RECIPIENT NAME AND ADDRESS (Including Zip Code)
Northwest Maritime Advisory Services (DBA Marine Exchange)
100 W Hanson St, Suite S -560
Seattle, WA 98199
4 AWARD NUMBER. 2009- PU- T9 -K044
5. PROJECT PERIOD. FROM 06/01/2009 TO 05/31/2012
BUDGET PERIOD: FROM 06/01/2009 TO 05131/2012
6. AWARD DATE 08/07/2009
7. ACTION
Initial
IA. GRANTEE IRS/VENDOR NO.
VG0003394
8. SUPPLEMENT NUMBER
00
9. PREVIOUS AWARD AMOUNT S 0
3. PROJECT TITLE
FY 2009 Port Security Grant Program
10. AMOUNT OF THIS AWARD 26,888,749
11. TOTAL AWARD S 26,888,749
12. SPECIAL CONDmONS
THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH
ON WE ATTACHED PAGE(S).
13 STATUTORY AUTHORITY FOR GRANT
This project is supported under Consolidated Security, Disaster Assistance, and Continuing Appropnaticns Act, 2009, P.L No. 110 -329
15. METHOD OF PAYMENT
PARS
AGENCY APPROVAL
GRANTEE ACCEPTANCE
16. TYPED NAME AND TITLE OF APPROVING DHS OFFICIAL
W. Ross Ashley, l0
Assistant Administrator, Giant Programs Directorate
18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL
John E. Wenger
unw motor
17 SIGNATURE OF APPROVING DHS OFFICIAL
/l
19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL
I9A. DATE
\(,i 1 t so UAI
20 ACCOUNTING CLASSIFICATION CODES 21. PUO9V40110
FISCAL FUND BUD DIV
YEAR CODE ACT OFC. REG. SUB. POMS AMOUNT
9 T PU 10 00 00 26888749
OJP FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLEFE
OUP FORM 4000/2 (REV 4-88)
MOA Page 9 of 22
ANDS
PROJECT NUMBER 2009- PU- T9 -K044
OJP FORM 4000/2 (REV. 448)
MOA Page 10 0122
Department of Homeland Security
FEMA
Grant Programs Directorate
SPECIAL
1 The grantee and any subgrantec shall comply w
Principles, and Audit Requirements. A non-exc
below:
A. Administrative Requirements
1. 44 CFR Part 13, Uniform Administrative
Local Goverrmtents
2 2 CFR Part 215, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher
Education, Hospitals, and Other Non -Profit Organizations (OMB Circular A -I 10)
B. Cost Principles
1. 2 CFR Part 225, Cost Principles for State,
2. 2 CFR Part 220, Cost Principles for Educational Institutions (OMB Circular A -21)
3. 2 CFR Part 230, Cost Principles for Non-
4. Federal Acquisition Regulations (FAR), Part 31.2 Contract Cost Principles and Procedures, Contracts with
Commercial Organizations
C. Audit Requirements
1. OMB Circular A -133, Audits of States,
2. Recipient understands and agrees that it cannot
enactment, repeal, modification or adoption of
express prior written approval of FEMA
3 The recipient agrees that all allocations and use
Security Grant Program guidance and applicatu
AWARD CONTINUATION
SHEET
Cooperative Agreement
AWARD DATE 08/07/2009
CONDITIONS
ith the most recent version of the Administrative Requirements, Cost
lusive list of regulations commonly applicable to DHS grants are listed
Requirements for Grants and Cooperative Agreements to State and
Local and Indian Tribal Governments (OMB Circular A-87)
rofit Organizations (OMB Circular A -122)
I Governments. and Non -Profit Organizations
PAGE 2 OF 3
use any federal funds, either directly or indirectly, in support of the
any law, regulation or policy, at any level of government, without the
of funds under this grant will be in accordance with the FY 2009 Port
n kit.
4. The Department of Homeland Security (DHS) has elected to enter into cooperative agreements with FY 2009 Port
Security Grant Program (PSGP) funding recipients for projects taking place within port areas identified as Group I or
Group II ports within the FY 2009 PSGP Guidance and Application Kit. The nature of the Federal involvement in the
execution of this program may include joint conduct of a Group I or Group II project. Other examples of prospective
substantial Federal involvement include the following:
Collaboration, participation, and/or intervention in any Group I or Group 11 activity covered by the cooperative
agreement;
Approval from DHS prior to the selection of a new Group I or Group I1 project or commencement of the next phase
of an approved Group I or Group 11 project;
Authority for DHS to halt a Group I or Group II activity if detailed performance specifications are not met;
Authority for DHS to direct or redirect the scope of work of a Group 1 or Group U project based on new
circumstances; and,
Authority for DHS to require Group 1 or Group II award recipients (including Sub recipients) to participate in a port
wide risk management planning project.
Department of Homeland Security
FEMA
Grant Programs Directorate
AWARD CONTINUATION
SHEET
Cooperative Agreement
PAGE 3 OF 3
PROJECT NUMBER 2009 -PtJ T9 =K044 AWARD DATE 08/07/2009
SPECIAL CONDITIONS
5. The grantee i prohibited from obligating, expending or drawing down funds provided through this award until ,a
Budget Review is completed and approved by the Grants Management Division (GMD) and an official notice has been
issued removing this special condition.
6. The grantee is prohibited from obligating, expending or drawing down funds provided through this award until all
applicable programmatic documents are provided to and approved by the program office and an official notice has been
issued removing this special condition.
7. The grantee is prohibited from obligating, expending or drawing down funds provided through this award until all
applicable programmatic documents are provided for and approved by a DHS/FEMA Environmental and Historic
Preservation review and an official notice has been issued removing this special condition.
8. Radiological detection equipment must be compliant with applicable national guidelines adopted by the U.S.
Department of Homeland Security, including ANSI N323B- 2003, ANSI N42.32 -2003, ANSI N42.33 -2003, and
ANSI N42.35 -2004.
OJP FORM 4000/2 (REV 488)
MOA Page 11 of 22
Memorandum To: Official Grant File
Subject:
MOA Page 12 of 22
Department of Homeland Security, FEMA
Grant Programs Directorate
From: Jeffrey Hall, GPD NEPA liaison
Washington. D C 10531
Incorporates NEPA Compliance in Further Developmental Stages for Northwest
Maritime Advisory Services (DBA Marine Exchange)
The recipient shall comply with all applicable Federal, State, and local environmental and historic
preservation (EHP) requirements and shall provide any information requested by FEMA to ensure
compliance with applicable laws including: National Environmental Policy Act, National Historic
Preservation Act, Endangered Species Act, and Executive Orders on Floodplains (11988), Wetlands
(11990) and Environmental Justice (12898). Failure of the recipient to meet Federal, State, and local EHP
requirements and obtain applicable permits may jeopardize Federal funding. Recipient shall not
undertake any project having the potential to impact EHP resources without the prior approval of FEMA,
including but not limited to communications towers, physical security enhancements, new construction,
and modifications to buildings that are 50 years old or greater. Recipient must comply with all conditions
placed on the project as the result of the EHP review. Any change to the approved project scope of work
will require re- evaluation for compliance with these EHP requirements. If ground disturbing activities
occur during project implementation, the recipient must ensure monitoring of ground disturbance and if
any potential archeological resources are discovered, the recipient will immediately cease construction in
that area and notify FEMA and the appropriate State Historic Preservation Office. Any construction
activities that have been initiated prior to the full environmental and historic preservation review will
result in a non compliance finding.
FY09 PSGP Investment Justification Template Puget Sound
Investment Heading
Ro%t Area
State
�"A "ppli'cantr0lr'gan�zatio�`
Inuestrnent Name
Investment •Arnou
Port An eles
Washin •ton
Clallam Count Sheriff's Office
Communications Equipment
$39,166
I. Background
I. Provide an overview of the port system in which this Investment will take place Max. 1 page
Area of Operations:
o COTP Zone: Puget Sound
o Eligible port area: Port Angeles and other ports throughout the Strait of Juan De Fuca.
o Exact location of project site: Clallam County Sheriffs Office
o Owner or operator of project site or equipment, if not your own organization: Clallam County
Sheriff's Office and Port Angeles Police Department
o Point(s) of contact for organization (include contact information):
o Authorizing Official:
Howard V. Doherty, Jr., Chair Clallam County Board of Commissioners
223 E. 4 Street, Port Angeles, WA 98362
360 417 -2233
mdoherty @co.clallam.wa us
o Project Manager:
Patti Morris, Grant Coordinator and POC for Management of the Project
223 E 4` Street, Port Angeles, WA 98362
360- 461 -9008
pmorris @co.clallam.wa.us
Ownership or Operation:
o Clallam County Sheriffs Office is a local agency
o Port of Port Angeles is a MTSA regulated facility
Role in providing layered protection of regulated entities'
o Clallam County Sheriffs Office has the responsibility for all of Clallam County in which the Port of Port
Angeles is location
o The City of Port Angeles Police Dept. has primary jurisdiction over the Port of Port Angeles area.
o Both perform Homeland Security missions including terrorism, drug smuggling, and immigration
interdiction between Canada and the United States.
Both partner with local, state, and federal law enforcement agencies
Important features:
o PRMP states that the facility determined to be the highest risk facility in the Puget Sound region -area,
based on information provided by MSRAM (the Maritime Safety Risk Assessment Model) is the COHO
Black Ball Ferry Terminal.
o PRMP Section 6.5.1 States: "Port Angeles has several sources of strategic risk to the passenger
transportation strategic function with the highest level coming from a vessel being used as a weapon,
followed by an attack by a terrorist assault team and by vessel or vehicle -borne IEDs. The following
facilities have been identified as primary contributors to the strategic risk and are listed in order of level of
risk, highest to lowest: COHO Ferry Terminal, COHO Ferry Vessels" located at Port Angeles.
o Regulated facilities in the Clallam County Sheriffs Office AOR include Port of Port Angeles, Coho Ferry
Terminal, Blackball Ferry Vessel, and the Victoria Express Passenger Ferry.
o All of the first responder agencies in Clallam County are NIMS compliant and provide reporting to
Washington State EMD on that status in order to be eligible for grants
Other sources of funding being leveraged for security enhancements.
We continually seek out all available funding sources to support the mission of the Sheriff's Office and other
responder agencies in the County and received grant awards in PSGP FY10.
MOA Page 13 of 22
II. Strategic and Program Priorities
II.A. Provide a brief abstract of the Investment Max. 1 page
The Clallam County Sheriffs Office is seeking funding on behalf of the Port Angeles Police Department for the
following communications investments:
1 In -car digital video camera devices, server /hard drive, and labor to install the equipment. The in -car
cameras will interface with the Port Angeles Citywide camera system and cameras on the Port through
the wireless mesh network. This will provide ongoing information to other agencies about an incident in
and near the port, forensic evidence for later analysis, and added security for the responding officers.
[AEL 4MD -01 -VCAM, 04- 1-1W- 01 -SRVR]
2. Mobile Data Forensic Extraction Device (UFED). A UFED is a stand along device for the simple
extraction of mobile phone data. Devices are in use by military, intelligence, and law enforcement for
the quick and in the field recovery of invaluable evidentiary evidence from mobile phones. Bomb
threats, terrorist response often require the quick extraction of mobile phone data including contacts,
SMS messages, photos, videos, call logs, and audio files. The Washington State Patrol Crime Lab and
some other 1 -5 corridor agencies have this capability and it is invaluable to their missions. Having it
quickly available in the Port Angeles area could help prevent incidents by getting better information of
planned and imminent inidents. [AEL not clear will request waiver if necessary.]
3. Tactical "Orbital Communications Backpack" and a portable, miniature satellite console with BlueTooth
capabilities, Netbook mini- laptop, mini -phone w /headset for interoperable full spectrum communications
inside or outside the ICB This can be used on the Clallam County Sheriff's office patrol boat, Port
Angeles Police Department/Clallam County Sheriffs Office tactical trackers, or by units deployed in the
field anywhere within the County or Region It would improve these two agencies' ability to contribute to
MDA and to coordinate with other agencies [AEL 06CC -03 -SATP]
This equipment will be available 24x7 to rnembers of the requesting agencies. In -car video cameras will be in
use 24x7.
II.B. Describe how the Investment will .ddress one or more of the PSGP priorities and how it
corresponds with the PRMP Max. 1 page
PSGP Priorities:
Enhance MDA: This investment will address and enhance MDA through additional knowledge capabilities
within the maritime domain
Enhance IED /CBRNE Prevention, Protection, Response Recovery and Port Wide Collaboration: This
investment will continue to enhance all multi jurisdictional agencies capabilities to prevent, detect, respond,
and recover from terrorist attacks employing IEDs, CBRNE, and other non conventional weapons.
AMSP: This investment supports the AMSP.
PRMP Priorities:
7.4.1.1 This investment will support the pre planned unified command structure, clarifying the role of state and
local authorities for such an incident.
7.4.5.4 The ability to share communications equipment for the Port area will improve the two -way information
sharing mechanism and enhance the partnership between local, state, federal, and private entities.
7 4.2 1 Measures to protect passenger transportation systems and other high- consequence facilities from
vessel -borne IEDs and water -borne attacks are needed
7.4.2.2 Non federal stakeholders do not have the capability to respond to a vessel about to be used as a
weapon
7.4.3.7 Measures are needed to protect infrastructure from attack by vessels used as a weapon.
7.4.2.1 states that both private and public stakeholders must be trained and have better security measures
implemented to prevent terrorists with IEDs from gaining access to components of the strategic functions.
III. Impact
III.A. Describe how the project offers the highest risk reduction potential at the least cost Max 1 /2 page
Clallam County Sheriff and Port Angeles Police Department are working closely together to identify gaps in
communications, training and risks. During a recent exercise (Operation Alligator), a capability gap was
identified at the Port of Port Angeles and the adjacent City Pier. Law Enforcement and Fire response agencies
(City of Port Angeles Police Department, Sequim Police Department, Clallam County Sheriffs Dept.,
MOA Page 14 of 22
Washington State Patrol, U.S. Customs and Border Protection, U.S. Coast Guard, Port Angeles Fire, and
Clallam County Fire Districts 2 and 3) do not have the capability to communicate There is a lack of capability
to provide advance notice or warning of impending threats by terrorists to the Port of Port Angeles and the
adjacent City Pier. The exercise also identified that there is little to no ability of advanced warning of impending
danger for the COHO Black Ball Ferry. This invesment will help fill the capability gap that was identified in the
2009 Operation Alligator exercise It will enhance communications, foster multi jurisdictional (local, state,
federal, tribal) cooperation on MDA, and enforce a common purpose along with agreed upon policies and
procedures. While all partners have a good coordinated unity of effort, this investment will strength the unity of
effort among public and private sector organizations, for a very moderate cost. Specific reuductions are listed in
Section II.A
III.B. Describe current capabilities similar to this Investment Max. 1 /2 page
None of this equipment currently exists within the County.
IV. Funding Implementation Plan
V.A. Funding Plan
'Maritime Domain Awareness
JED ands WMD Prevention, Protectjdj
Rnsp`onse, and Recovery- Capabilitres-•
p Training
I Exercises
IC Implementation
FY 2009 PSGP Match
Request Total (Cash or In -Kind)
19,106
19,106
955
39,166
6,369
6,369
318
13,055
Grand Total
25,474
25,474
1,274
52,222
IV.B. Provide a high -level timeline, milestones and dates, for the implementation of this Investment such
as stakeholder engagement, planning, major acquisitions or purchases, training, exercises, and
process /policy updates. Up to 10 milestones may be provided. Max. 1 page
This project will commence upon award of the grant and notification to proceed.
Months 1 3: Procure Equipment
Month 4: Install equipment
Month 5: Test Equipment
Months 6 -9: Train all first responders on use of Equipment
Month 10: Put into regular training program.
Pro ect Close Out: March, 2012
MOA Page 15 of 22
Budget Category
Total
Project
Cost
Federal
Funding
Request
Match
Amount
Total
M&A
A Personnel
955
318
1,274
B Fringe Benefits
C Travel
D Equipment
44,444
33,333
11,111
E Supplies
F Consultants /Contractors
6,504
4,878
1,626
G Other
H Indirect
74)
S1 g.5
5
27'I
t1C 3 T 1
U
FY09 BUDGET DETAIL WORKSHEET CLALLAM CTY SO COMMUNICATIONS EQUIPMENT
�!D -m, 1
01
D2
D4
D6
Budget Category Item
Patti Morris Project Mgr Grant Coord.
PersonneltTotals 4 1.PN
Arbitrator 360 (or equivalent) digital video
cameras
Server /hard drive for cameras
Mobile Data Forensix (or equivalent)
Extraction Device
Cellebnte Tactical "Orbital Comms Backpack"
or equivalent
-o uipment
118)§,
Entered by Applicant
Est.
Cost
Each
1,274
4,000
2,000
4,000
7,000
1,000
Qty
1
6
3
1
1
6
Calculated
Match
Amount
Est. Cost
1,274
24,000
6,000
4,000
7,000
6,000
Sales
Tax
2,016
504
336
588
Labor to install cameras per car
Co• nsii a tT/Centr:3Tot:
504
Total
Project
Cost
26,016
6,504
4,336
7,588
;444
6,504
Amount to go in "Investment Heading" on IJ
Federal
Funding
Request
955
19,512
4,878
3,252
5,691
4,878
39,166
j
Total
M&A
1,274
MOA Page 16 of 22
Investment Heading
(Ctn? •Tge,
Port Angeles
ftqg
Washington
L,i 3 0 o an pion
Clallam County Sheriff's Office on Behalf of Local Consortium
()ffrizQ Na e
Cameras
OaJWGC5Cia n[�3
$310,062
FY09 PSGP Investment Justification Template Puget Sound
I. Background
I. Provide an overview of the port system in which this Investment will take place Max. 1 page
Area of Operations:
o COTP Zone: Puget Sound
o Eligible Port area: Port Angeles
o Project Site is at the Port of Port Angeles
Point(s) of contact for organization (include contact information):
Authorizing Official: Howard V. Doherty, Jr., Chair Clailam County Board of Commissioners
223 E. 4 Street, Port Angeles, WA 98362
360 -417 -2233
mdohertv(aco.clallam.wa.us
Project Manager: Patti Morris and POC for the Project
223 E. 4 Street, Suite 12
Port Angeles, WA 98362
360 -461 -9008
pmorris(co.clallam.wa.us
Ownership or Operation: This IJ is a consortium request for the Clailam County Sheriffs Office, City of Port
Angeles, Port of Port Angeles, Port Angeles Fire Department, Port Angeles Police Department, Clailam County
Fire District #2 and #3, all of which are agencies that would respond to the Port of Port Angeles in the event of
an incident. The Clallam County Sheriffs Office has the resources to manage this grant.
Role in providing layered protection of regulated entities' Clailam County Sheriffs office and Port Angeles
Police Dept. are the local agencies responsible for homeland security functions in Clailam County. In the event
of an incident, they would be first on the scene, along with Port Angeles Fire Department. Clailam County Fire
District #2 and Clallam County Fire District #3 would provide mutual aid in the event of a large incident at or
near the Port of Port Angeles These local agencies often provide mutual aid to state and federal agencies and
the Coho Blackball Ferry.
Important features:
PRMP Section 6.5 1 States "Port Angeles has several sources of strategic risk to the passenger
transportation strategic function with the highest level coming from a vessel being used as a
weapon, followed by an attack by a terrorist assault team and by vessel or vehicle -borne IEDs. The
following facilities have been identified as primary contributors to the strategic risk and are listed in
order of level of risk, highest to lowest: COHO Ferry Terminal, COHO Ferry Vessels"
PRMP states that the facility determined to be the highest risk facility in the Puget Sound region -area,
based on information provided by MSRAM (the Maritime Safety Risk Assessment Model) is the COHO
Black Ball Ferry Terminal.
Regulated facilities in the Clailam County Sheriffs Office AOR include Port of Port Angeles, Coho Ferry
Terminal, Blackball Ferry Vessel, and the Victoria Express Passenger Ferry.
The Port Angeles area is the gateway to Puget Sound. There is an average of 30,000 commercial
vessel trips through the Strait each year. All commercial vessels have to pick up a marine pilot, from
Puget Sound Inland Pilots Assn. at Port Angeles to continue their voyage east into Puget Sound. Any
of these vessels could be a possible terrorist target, or be used to transport terrorist or materials for
attacks on U.S.citizens, or critical facilities located in the Port Angeles area.
All of the consortium members are NIMS compliant and provide reporting to Washington State EMD on
that status in order to be eligible for grants.
MOA Page 17 of 22
Other sources of funding being leveraged for security enhancements: The City of Port Angeles is
contributing $500,000 to waterfront improvements that include the Port Angeles Pier. Clallam County
Sheriff's Office continually seeks out all available funding sources to support our Marine Unit. Currently the
unit does not receive any grant funds to operate. We received a DHS (FEMA) interoperability grant in 2003
for $5.8 million, a DHS /NTIA interoperability grant in 2007 for $7.8 million, and grants for a vessel, training,
and exercise in PSGP FY10.
Background of this IJ: In early 2009, a Stakeholder Committee convened to define issues /solutions
between local, state, federal, and tribal law enforcement agencies within Clallam County that would be
involved in any homeland security inidents Communications and interoperability were identified as the
number one area needing most improvement. The Stakeholder Committee formed a unified partnership and
collaborative working relationship critical intrastructure within Clallam County, which includes the Port of Port
Angeles The harbor was identified as a concern because of lack of law enforcement oversight and response
to any significant event at the COHO Black Ball Ferry Improving communications and interoperability
requires cameras on the City Pier, adjacent entries such as Francis Street, and the COHO Black Ball Ferry
Terminal.
II. Strategic and Program Priorities
II.A. Provide a brief abstract of the Invebstment Max. 1 page
Upgrade and replace 18 existing cameras [AEL 14SW -01 -VIDA] and servers [AEL 04HW -SRVR] at the City
Pier and at Francis Street (see map), and adding 10 new cameras which will be placed over a distance of
approximately 1 mile west of the City of Port Angeles Pier. See camera locations on the attached aerial photos.
The red dots on the "Francis Street" and "City of Port Angeles Pier" photos are old cameras that would be
replaced. The cluster of four cameras a short distance from the shore have views of an area that is a
particularly troublesome security problem. The City Pier is adjacent to the COHO Black Ball Ferry Terminal.
The red oval on the larger scale aerial photo indicates an area where ten new cameras would be placed on light
poles currently being erected by the City of Port Angeles as part of a new promenade and waterfront area. This
would give the Port of Port Angeles camera coverage out into the harbor and through the Port where there is
currently no coverage. The cameras would be tied together with the Port Angeles Police Department cameras,
with data feed available to the PADP, Clallam County Sheriffs Office, Border Patrol, U.S Coast Guard, and
Customs Field Operations so that all responders could have advanced warning of imminent threats and evolvig
incidents. The cameras would be monitored by a dedicated 1 /2 time Port Secuity Coordinator as well as
available and viewed in patrol cars, and data feeds would be recorded for forensics purposes and retained for
approximately three weeks.
II.B. Describe how the Investment will address one or more of the PSdP priorities and how it
corresponds with the PRMP Max. 1 page
PSGP Priorities:
Enhance MDA: This investment will address and enhance MDA through additional knowledge capabilities
within the maritime domain It will enhance communications, foster multi jurisdictional (local, state, federal,
tribal) cooperation on MDA, and enforce a common purpose along with agreed upon policies and procedures.
While all partners have a good coordinated unity of effort, this investment will strength the unity of effort among
public and private sector organizations as well as U.S. Customs and Border Protection and U.S Coast Guard.
Enhance IED /CBRNE Prevention, Protection, Response Recovery and Port Wide Collaboration: This
investment will continue to enhance all multi jurisdictional agencies' capabilities to prevent, detect, respond,
and recover from terrorist attacks employing IEDs, CBRNE, and other non conventional weapons. The cameras
and 1 /2 time Security officer will provide a distributed communication system that facilitates shared scrutiny of the
maritime domaine, alerts strategic function asset owners and their independent industries of impending or
recent damage and provides timely updates to service capabilities on an ongoing basis (PRMP 10 5 3.1.1)
PRMP Priorities:
7.4 1.1 This investment will support the pre planned unified command structure, clarifying the role of state and
local authorities for such an incident.
7 4.5.4 The ability to share cameras and a dedicated Security officer for the Port area will improve the two -way
information sharing mechanism and enhance the partnership between local, state, federal, and private entities.
7 4.2 1 Measures to protect passenger transportation systems and other high- consequence facilities from
vessel -borne IEDs and water -borne attacks are needed.
MOA Page 18 of 22
7.4.2.2 Non federal stakeholders do not have the capability to respond to a vessel about to be used as a
weapon.
7.4.3.7 Measures are needed to protect infrastructure from attack by vessels used as a weapon.
This project supports the AMSP
III. Impact
III.A. Describe how the project offers the highest risk reduction potential at the least cost Max 1 /2 page
Clallam County Sheriff and Port Angeles Police Department are working closely together to identify gaps in
communications, training and risks During a recent exercise (Operation Alligator), a capability gap was
identified at the Port of Port Angeles and the adjacent City Pier. Law Enforcement and Fire response
agencies (City of Port Angeles Police Department, Sequim Police Department, Clallam County Sheriffs
Dept., Washington State Patrol, U.S. Customs and Border Protection, U S. Coast Guard, Port Angeles Fire,
and Clallam County Fire Districts 2 and 3) do not have the capability to communicate. There is a lack of
capability to provide advance notice or warning of impending threats by terrorists to the Port of Port Angeles
and the adjacent City Pier The exercise also identified that there is little to no ability of advanced warning of
impending danger for the COHO Black Ball Ferry. This invesment is essential to fill the capability gap that
was identified in the 2009 Operation Alligator exercise. It will enhance MDA and enable multi- jurisdictional
(local, state, federal, tribal) cooperation. While all partners have a good coordinated unity of effort, this
investment will strength the unity of effort among public and private sector organizations, for a very moderate
cost. Any personnel monitoring the cameras will have an opportunity to immediately be aware of a threat to
COHO Black Ball Ferry passengers, and private stakeholders and citizens within the Port and harbor area,
as well as federal agencies housed in or near the port.
III.B. Describe current capabilities similar to this Investment Max. 1 /2 page
At this time there are no cameras with the capability proposed in this IJ.
IV. Funding Implementation Plan
Mariam` Doii bittiMikareness
b Mr Pro Don,
I Da d',,
eS s `end Recovery' 011il,,t►es
Training
TWIC lcarpJe►ra�etar►on°
M &A
FY 2009 PSGP Match
Request Total (Cash or In -Kind)
IV.B. Provide a high -level timeline, milestones and dates, for the implementation of this Investment such
as stakeholder engagement, planning, major acquisitions or purchases, training, exercises, and
process /policy updates. Up to 10 milestones may be provided. Max. 1 page
Upon award, will complete the engineering plans within 3 months.
Procure equipment within the 1 6 months of grant.
Install equipment in Months 7 -8
Test Equipment in Month 9
Put equipment into regular use in Month 10
All work will be completed by March 1st, 2012
Interoperability Exercise using camera system will take place, funded by consortium agencies prior to March
1, 2012.
Pro ect Close Out March 15, 2012.
MOA Page 19 of 22
Proposed Cameras
Port a Port AngeRes
Coho Rack mall
Ferry Terminal
6' rq e",
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City of ort AngeRes Pier
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1 e
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MOA Page 21 of 22
FRANCIS STREET CAMERAS
CITY OF PORT ANGELES PIER CAMERAS
Budget Category
Total
Project
Cost
Federal
Funding
Request
Match
Amount
Total
M &A
A Personnel
7,562
2,521
10,083
B Fringe Benefits
C Travel
D. Equipment
269,916
202,437
67,479
E Supplies
75,663
56,747
18,916
F Consultants /Contractors
57,753
43,315
14,438
G Other
H Indirect
111611llCos s
,...46
�T�
00Ei
.7,
x;06
EMU
FY09 BUDGET DETAIL WORKSHEET CLALLANI CTY SO CONSORTIUM CAMERAS
Entered by Applicant
Line
Item
Al
DI
D2
D3
D4
El
E2
E3
E4
F1
F2
Budget Category Item
Patti Morris Grant Administrator
C
Pere sonne'ITbta s
ir@f1i
5,000
1,500
2,000
5,000
43,278
2,800
5,000
42,000
20,000
10,000
43,278
L 0'
Bausch Lomb or Equivalet Fixed Cameras
HP Camera Servers, Network Equip
Camera Misc Equipment
Network Switches
Equi' f p"m' a T otals
Camera Licenses
Camera Licenses
Camera Comm Cable, Hardware, Power Su
Communicaton Cable Runs for new Cameras
Supplies Tota`Is
Server Support Grant Period
Co�'n i Cants Cp
LTiota laireanci t
0
MOA Page 22 of 22
ede
Cameras /Servers Installation Training
nt T Trv {K.
Amount to go in "Investment Heading" on IJ
Est.
Cost
Each
5,000
41,000
15,000
6,000
Qty
28
2
1
2
Est. Cost
140,000
82,000
15,000
12,000
Sales
Tax
235
420
3,528
1,680
rl
Calculated
Total
Project
Cost
11,760 151,760
6,888 88,888
1,260 16,260
1,008 13,008
969,.9116]
3,035
5,420
45,528
21,680
840 10,840
3,635 46,913
517,715x3]
Federal
Funding
Request
113,820 37,940
66,666 22,222
2!A 6v _fli91
-3
310,062
'fir:; Z)) (;mot 3
(d3 C1
Match
Amount
12,195 4,065
9,756 3,252
2,276 759
4,065 1,355
34,146 11,382
16,260 5,420
5•'6,747 1 F�9 6
8,130 2,710
35,185 11,728
Total
M &A
j1I®J 2J 10 35'4 EMIT
083
t; 0
6