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HomeMy WebLinkAbout000553 Original ContractThe Clallam County Sheriffs Office has received an award from the U.S. Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA) through a contract with the Washington State Military Department (E12 -282). Funds are to enhance the capability of state and local units of government to prevent, deter, respond to, and recover from catastrophic and /or terrorist events through the FFY11 Operation Stonegarden Program. This funding is being provided to enhance law enforcement preparedness and operational readiness along borders of the United States. As the Clallam County Sheriff's Office is the award sub recipient, it is their responsibility to report activity required by the award on such reporting forms as required for reimbursement. This Letter of Understanding is made to describe the funding award that shall be passed on to your agency upon receipt of approved reimbursement requests and reporting form. Reimbursement of expenses for approved overtime and mileage in Clallam County under the FFY2011 Stonegarden Grant Program, totaling $4530.00. Overtime: Port Angeles Police Department shall receive reimbursement for direct costs only of overtime and fringe benefits based on Port Angeles Police Department established overtime guidelines and policies, not to exceed $4200.00. Mileage: Port Angeles Police Department shall be reimbursed at the federal rate of 55.5 cents per mile, not to exceed $330.00. Any other mileage submitted at a higher rate will be reimbursed pending approval by FEMA. No reimbursements will be made for expenditures other than overtime or travel. Port Angeles Police Department shall abide by all terms and conditions passed on to Clallam County Sheriff's Office as per the Washington State Military Department Contract (E12 -282) attached hereto. Port Angeles Police Department agrees to complete all reporting required by Washington State Military Department and Clallam County Sheriffs Office and deliver that form by the deadline that shall be set by the Sheriff's Office. The Clallam County Sheriffs Office reserves the right to transfer funding under this Letter of Understanding to other partner agencies if not used by Port Angeles Police Department during the grant period. This Letter of Understanding does not affect previous agreements between Port Angeles Police Department and the Clallam County Sheriffs Office. The life of this Letter of Understanding is dependent on the continuation of the award from Washington State Military Department. At present, the award commenced September 1, 2011 and ends June 30, 2014. It is further understood that Port Angeles Police Department must submit an invoice along with pertinent reimbursement details to the Clallam County Sheriffs Office and that Clallam County Sheriff's Office will reimburse Port Angeles Police Department upon receipt of funds from Washington State Military Department and that payment may take up to 90 days from the date of the invoice. AAA Qi1A9 /C r William L. Benedict, Sheriff LETTER OF UNDERSTANDING BETWEEN PORT ANGELES POLICE DEPARTMENT AND CLALLAM COUNTY SHERIFF'S OFFICE FFY2011 STONEGARDEN GRANT PROGRAM OVERTIME /MILEAGE Port Angeles Police Department Date 3 22 2 City of Port Angeles Record #000553 Date a Rev. 2/21/13 1. Sub-grantee Name and Address: Clallam County Sheriff's Office 223 East 4' Street, Suite 12 Port Angeles, WA 98362 -3000 4. Sub Contact, phone number. Chris Clark (360) 417 -2260 cclarkcco.cialiam.wa.us 7. Department Program Manager, phone: Sierra Wardell, 253 512 7121 10. Funding Authority: 15. Service Districts: 16. (BY LEGISLATIVE DISTRICT): 39, 40, 42 (BY CONGRESSIONAL DISTRICT): 2 18 Agreement Classification Personal Services Client Services X Public/Local Gov't Collaborative Research NE Other 20. Sub Grantee Selection Process. X To all who apply qualify" Competitive Bidding Sole Source NE RCW N/A Filed w /OFM2 Advertised? YES ONO 22. PURPOSE: Signet Jame M. Mullen, Director Emergency Management Division Washington State Military Department APPROVED AS TO FORM: Brian E. Buchholz, (Signature on file) 7/25/2011 Assistant Attomey General Form 10/27/10 wig FEMA HSGP -FFY 2011 Washington State Military Department HOMELAND SECURITY GRANT AGREEMENT FACE SHEET 2. Grant Agreement Amount: 3. Grant Agreement Number: $532,163 E12 -282 titlL L4 113(92N 01 1 5. Grant Agreement Start 6. Grant jgreee�em��ent End Date: 8. Data Universal Numbering System (DUNS) 19. UBI (state revenue). 075739235 054 004 559 Washington State Military Department (the "DEPARTMENT and the U.S. Department of Homeland Security (DHS) 11. Federal Funding Source 12. Department Funding Code (PI): Agreement 2011 SS- 00030 S01 713GA NZ 13 Catalog of Federal Domestic 14. TIN: Assistance (CFDA) Title: 97.067 HSGP 91 6001298 17. Women/Minority- Owned, State Certified X N/A NO YES, OMWBE 19. Contract Type (check all that apply): Contract X Grant Intergovernmental (RCW 39 34) 21. Sub Grantee Type (check all that apply) Private Organization /Individual X Public Organization /Jurisdiction VENDOR X SUBRECIPIENT Service Area by County(ies)• Clailam County X Agreement Interagency For Profit X Non -Profit OTHER Provide U.S. Department of Homeland Security (DHS) FY 2011 Homeland Security Grant Program (HSGP) funds to enhance the ability of state, local, and tribal governments to prevent, protect against, respond to, and recover from terrorist attacks and other disasters. The HSGP is comprised of five interconnected grant programs: State Homeland Security Program, Urban Area Security Initiative, Operation Stonegarden (OPSG), Metropolitan Medical Response System, and Citizen Corps Program. Through OPSG, funding enhances the cooperation and coordination among local, Tribal, State, and Federal law enforcement agencies in a joint mission to secure the United States' borders along routes of ingress from international borders to Include travel corridors in States bordering, Mexico and Canada. as well as States and terrtories with international water borders. IN WITNESS WHEREOF, the Department and Sub Grantee acknowledge and accept the terms of this Grant Agreement, including all referenced Exhibits and Attachments which are hereby incorporated in and made a part hereof, and have executed this Grant Agreement as of the date and year written below. This Grant Agreement Face Sheet Special Terms Conditions (Exhibit A); General Terms and Conditions (Exhibit B); Scope of Work (Exhibit C); Milestone Timeline (Exhibit D); Budget (Exhibit E); and all other documents, exhibits and attachments expressly referenced and incorporated herein contain all the terms and conditions agreed upon by the parties and govern the rights and obligations of the parties to this Grant Agreement. No other understandings, oral or otherwise, regarding the subiect matter of this Grant Agreement shalt be deemed to exist or to bind anv of the parties hereto. In the event of an inconsistency in this Grant Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: 1. Applicable Federal and State Statutes and Regulations 2. Scope of Work 3. Special Terms and Conditions 4. General Terms and Conditions, and, 5. Other provisions of the grant agreement Incorporated by referenc WHEREAS, the parties hereto have executed this Grant Agreement on th FOR TH DEPARTMENT: FOR TH Date Signa* re V Howard V. Doherty, Jr. Chair Board of Commissioners APPROVED AS nd year last specified below. "(.1/41/ Date (if applicable): Applicant's Legal Review Date Page 1 of 23 Clallam County Sheriffs Office E12-282 SPECIAL TERMS AND CONDITIONS ARTICLE I KEY PERSONNEL The individuals listed below shall be considered key personnel for point of contact under this Grant Agreement. Any substitution of key personnel by either party shall be made by written notification to the current key personnel: Name Title E -Mail Phone Name Title E -Mail Phone Name Title E -Mail Phone SUB GRANTEE Chris Clark IT Analyst/Grant Administrator cclark ai,co.ciallam.wa.us 360 -417 -2260 Alice Hoffman Chief Clvli Deputy ahoffman aeco.clallam.wa.us 360 -417 -2257 MILITARY DEPARTMENT Name 1 Sierra Wardell Title 1 OPSG Program Manager E -Mail 1 slerra.wardell @mll.wa.gov Phone 1 253- 512 -7121 Name 1 011vla Hollowwa Title 1 OPSG Program Coordinator E -Mail 1 olivia.hollowwacmll.wa.gov Phone 1 253 -512 -7149 Name 1 Gary Stumpf' Title 1 OPSG Program Coordinator E -Mail 1 gary.stumphOmil.wa.gov Phone 1 253 512 -7483 Exhibit A ARTICLE II ADMINISTRATIVE AND /OR FINANCIAL REQUIREMENTS The Sub grantee shall comply with all applicable state and federal laws, regulations and program guidance. A non exclusive list of laws, regulations and guidance commonly applicable to DHS /FEMA grants are listed here for reference only, and include, but are not limited to, the following: 1. Administrative Requirements: 44 CFR Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments; Office of Management and Budget (OMB) Circular A -102, Grants and Cooperative Agreements with State and Local Governments; 2 CFR Part 215, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non Profit Organizations (formerly OMB Circular A -110). 2. Cost Principles: 2 CFR Part 225, Cost Principles for State, Local, and Indian Tribal Governments (formerly OMB Circular A -87); 2 CFR Part 220, Cost Principles for Educational Institutions (formerly OMB Circular A -21); 2 CFR Part 230, Cost Principles for Non Profit Organizations (formerly OMB Circular A -122); OMB Circular A -133, Audits of States, Local Governments and Non Profit Organizations; and 48 CFR Part 31, §31.2, Federal Acquisitions Regulations (FAR), Contract Cost Principles and Procedures, Contracts with Commercial Organizations. 3. Grant funds will not replace (supplant) funds that have been budgeted for the same purpose through non Federal sources. The Sub grantee, upon written request by the Department, DHS or FEMA, shall demonstrate through supporting records and documentation that a reduction in non Federal resources occurred for reasons other than the receipt or expected receipt of Federal funds. 4. Duplication of Benefits: There may not be a duplication of any Federal assistance by governmental entities per 2 CFR Part 225, Appendix A, Basic Guidelines, Section C.3 (c), which states: "Any cost allocable to a particular Federal award or cost objective under the principles provided for in 2 CFR Part 225 may not be charged to other Federal awards to overcome fund deficiencies, to avoid restrictions imposed by law or terms of the Federal awards, or for other reasons." However, this prohibition would not preclude governmental units from shifting costs that are allowable under two or more awards in accordance with existing program agreements. Non governmental entities are also subject to this prohibition per 2 CFR Parts 220 and 230 and 48 CFR Part 31.2. FEMA HSGP -FFY 2011 Page 2 of 23 Clailam County Sheriffs Office E12 -282 5. The Sub grantee shall comply with all applicable federal laws, regulations and guidance referenced in the "Fiscal Year 2011 Homeland Security Grant Program Guidance and Application Kit, Section I Application and Review Information, May 2011" and "Fiscal Year 2011 GPD Preparedness Grant Programs Guidance and Application Kit Section II Award Administration Information" which can be found at http: //www.fema.gov/ government !grant /hsgp /indexl1.shtm #3 and are hereby incorporated in and made a part of this Agreement. 6. The Sub grantee shall comply with the Federal Funding Accountability and Transparency Act (FFATA) and related OMB Guidance consistent with Public Law 109- 282 as amended by section 6202(a) of Public Law 110 -252 (see 31 U.S.C. 6101 note) and Attachment #1 attached to and made a part of this Agreement. ARTICLE III REIMBURSEMENT /INVOICING PROCEDURES 1. The Sub grantee acknowledges that since this Grant Agreement involves federal funding, the period of performance described herein will likely begin prior to the availability of appropriated federal funds. The Sub grantee agrees that it will not hold the Department, the State of Washington, or the United States liable for any damages, claim for reimbursement, or any type of payment whatsoever for services performed under this Grant Agreement prior to distribution of appropriated federal funds. 2. This is a fixed price, reimbursement Grant Agreement. Within the total Grant Agreement amount, travel, sub contracts, salaries and wages, benefits, printing, equipment, and other goods and services or other budget categories will be reimbursed on an actual cost basis unless otherwise provided in this Grant Agreement. Any travel or subsistence reimbursement allowed under the Grant Agreement shall be paid in accordance with rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or amended, but shall not exceed federal maximum rates set forth at http: /www.gsa.gov without prior written approval by Department key personnel. 3. Receipts and /or backup documentation for any approved budget line items including travel related expenses that are authorized under this Grant Agreement must be maintained by the Sub grantee and be made available upon request by the Department, and local, state, or federal auditors. 4. The Sub grantee will submit reimbursement requests to the Department by submitting an State Form A -19 Invoice form and a completed reimbursement spreadsheet (in the format provided by the Department) detailing the expenditures for which reimbursement is sought. Reimbursement requests shall be submitted to the Department's key personnel and must be submitted no more frequently than monthly; and it is required that invoices be submitted at least bi- annually. 5. All work under this Grant Agreement must end on or before the Grant Agreement End Date, and the final reimbursement request must be submitted to the Department within 45 days after the Grant Agreement End Date. The maximum amount of all reimbursement requests permitted to be submitted under this Grant Agreement, including the final reimbursement request, is limited to and shall not exceed the total Grant Agreement Amount. 6. No equipment or supply costs will be reimbursed until the related equipment/supplies have been received by the Sub grantee and invoiced by the vendor. 7. Requests for reimbursement of equipment purchases must include a copy of the vendor's invoice and packing slip or a statement signed and dated by the Sub grantee's authorized representative that states "all items invoiced have been received in good working order, are operational, and have been inventoried according to contract and local procurement requirements 8. Failure to timely submit complete reports and reimbursement requests as required by this Grant Agreement (including but not limited to those reports in the Milestone Timeline) will prohibit the Sub grantee from being reimbursed until such complete reports and FEMA HSGP -FFY 2011 Page 3 of 23 Clailam County Sheriffs Office E12 -282 reimbursement requests are submitted and the Department has had reasonable time to conduct its review. 9. Final reimbursement requests will not be approved for payment if the Sub grantee is not current with all reporting requirements contained in this Grant Agreement. ARTICLE IV REPORTING REQUIREMENTS 1. The Sub grantee shall submit bi- annual progress reports as indicated in the Milestone Timeline. 2. The Sub grantee shall submit a final report describing completed activities under this Grant Agreement within 45 days of Agreement End Date. ARTICLE V EQUIPMENT MANAGEMENT All equipment purchased under this Grant Agreement, by the Sub grantee or a contractor, will be recorded and maintained in the Sub grantee's equipment inventory system. 1. Upon successful completion of the terms of this Grant Agreement, all equipment purchased through this Grant Agreement will be owned by the Sub grantee, or a recognized sub recipient for which a contract, sub -Grant Agreement, or other means of legal transfer of ownership is in place. 2. The Sub grantee, or a recognized sub grantee/sub- contractor, shall be responsible for any and all operational and maintenance expenses and for the safe operation of their equipment including all questions of liability. The Sub grantee shall develop appropriate maintenance schedules and procedures to ensure the equipment is well maintained and kept in good operating condition. 3. The Sub grantee shall maintain equipment records that include: a description of the property; the manufacturer's serial number, model number, or other identification number; the source of the equipment, including the Catalogue of Federal Domestic Assistance (CFDA) number; who holds title; the acquisition date; the cost of the equipment and the percentage of Federal participation in the cost; the location, use and condition of the equipment at the date the information was reported; and disposition data including the date of disposal and sale price of the property. 4. Records for equipment shall be retained by the Sub grantee for a period of six years from the date of the disposition, replacement or transfer. If any litigation, claim, or audit is started before the expiration of the six year period, the records shall be retained by the Sub grantee until all litigation, claims, or audit findings involving the records have been resolved. 5. The Sub grantee shall take a physical inventory of the equipment and reconcile the results with the property records at least once every two years. Any differences between quantities determined by the physical inspection and those shown in the records shall be investigated by the Sub grantee to determine the cause of the difference. The Sub grantee shall, in connection with the inventory, verify the existence, current utilization, and continued need for the equipment. 6. The Sub grantee shall develop a control system to ensure adequate safeguards to prevent loss, damage, and theft of the property. Any loss, damage or theft shall be investigated and a report generated and sent to the Department. 7. If the Sub grantee is authorized or required to sell the property, proper sales procedures must be established and followed to ensure the highest possible return. 8. When original or replacement equipment is no longer needed for the original project or program or for other activities currently or previously supported by a Federal agency, disposition of the equipment will be made as follows: a. Items of equipment with a current per -unit fair market value of less than $5,000 may be retained, sold or otherwise disposed of by the Sub grantee with no further obligation to the awarding agency. FEMA HSGP -FFY 2011 Page 4 of 23 Claliem County Sheriffs Office E12 -282 b. Items of equipment with a current per -unit fair market value of more than $5,000 may be retained or sold and the Sub grantee shall compensate the Federal- sponsoring agency for its share. 9. As recipient of federal funds the Sub grantee must pass on equipment management requirements that meet or exceed the requirements outlined above for all sub contractors, consultants, and sub grantees who receive pass- through funding from this Grant Agreement. ARTICLE VI ENVIRONMENTAL AND HISTORICAL PRESERVATION 1. The Sub grantee shall ensure full compliance with FEMA's Environmental and Historic Preservation (EHP) Program. Information about these requirements is located at http /www.fema.gov /plantehp /ehp- applicant help.shtm. 2. The Sub grantee agrees that to receive any federal preparedness funding, all EHP compliance requirements outlined in applicable guidance must be met. The Sub grantee is advised that any project or expenditure with the potential to impact natural or biological resources or historic properties, including but not limited to, communication towers, physical security enhancements, new construction, renovation, or modification to buildings or structures, cannot be initiated until FEMA has completed the required EHP review. If potential impact is identified, EHP review is required prior to project implementation. Projects implemented prior to receiving EHP approval from FEMA risk de- obligation of funds. ARTICLE VII PROCUREMENT The Sub grantee shall comply with all procurement requirements of 44 CFR Part 13.36, Procurement. All sole source contracts expected to exceed $100,000 must be submitted to the Department for review and approval prior to the Sub grantee's award and execution of a contract. This requirement must be passed on to all of the Sub grantee's sub contractors, at which point the Sub grantee will be responsible for reviewing and approving their sub- contractors' sole source justifications. ARTICLE VIII SUB GRANTEE MONITORING 1. The Department will monitor the activities of the Sub grantee from award to closeout. The goal of the Department's monitoring activities will be to ensure that agencies receiving federal pass- through funds are in compliance with this Agreement, federal and state audit requirements, federal grant guidance, and applicable federal and state financial regulations, as well as OMB Circular A -133, Audits of States, Local Governments and Non Profit Organizations. 2. Monitoring activities may include, but are not limited to: a. review of performance reports; b. monitor and document the completion of Grant Agreement deliverables; c. documentation of phone calls, meetings, e-mails and correspondence; d. review of reimbursement requests and supporting documentation to ensure allowability and consistency with Grant Agreement budget and federal requirements; e. observation and documentation of Grant Agreement related activities, such as exercises, training, funded events and equipment demonstrations; f. on -site visits to review equipment records and inventories, to verify source documentation for reimbursement requests and performance reports, and to verify completion of deliverables. 3. As a sub recipient of federal funds, the Sub grantee is required to meet or exceed the monitoring activities, as outlined above, for all sub contractors, consultants, and sub recipients who receive pass- through funding from this Agreement. FEMA- HSGP -FFY 2011 Page 5 of 23 Clallam County Sheriffs Office E12 -282 ARTICLE IX GRANT AGREEMENT MODIFICATION REQUESTS A Sub grantee may request a modification to the Grant Agreement in writing to the Department key personnel. Modifications may be requested for Grant Agreement end date, budget or scope change. ARTICLE X NIMS COMPLIANCY 1. The Sub grantee agrees that in order to receive Federal Fiscal Year 2011 (FFY11) federal preparedness funding, the National Incident Management System (NIMS) compliance requirements for 2011 must be met. 2. In accordance with Homeland Security Presidential Directive (HSPD) -5, Management of Domestic Incidents, the adoption of the National Incident Management System (NIMS) is a requirement to receive Federal preparedness assistance, through grants, contracts, and other activities. The NIMS provides a consistent nationwide template to enable all levels of govemment, Tribal nations, nongovernmental organizations including voluntary organizations, and private sector partners to work together to prevent, protect against, respond to, recover from, and mitigate the effects of incidents, regardless of cause, size, location, or complexity. 3. All local government and Tribal nations sub grantees should update their respective NIMS Compliance Assistance Support Tool NIMSCAST) assessments and, if necessary, submit a Corrective Action Plan via NIMSCAST for FFY10. Corrective Action Plans are only required if a jurisdiction fails to meet one of the NIMS implementation activities. Comprehensive information concerning NIMS implementation for States, Tribal nations, local governments, nongovernmental organizations, and the private sector is available through the National Integration Center (NIC) at FEMA's NIMS Resource Center at http: //www.fema.gov /nims. 4. Local govemments and tribal nations should continue to implement NIMS training guidance (course curricula and instructor qualifications) contained in the NIMS Training Plan, released in September 2011 and any successor guidance released by FEMA. [Note: Coursework and training developed and/or delivered by National Wildfire Coordinating Group (NWCG) meet the course and instructor requirements of the NIMS Training Plan]. NIMS training guidance is available on FEMA's NIMS Resource Center at http://www.fema.gov/emergency/nims/NIMSTrainingCourses.shtm. ARTICLE XI OPSG SPECIFIC REQUIREMENTS 1. The Washington State Military Department receives grant funding each year from the U.S. Department of Homeland Security (DHS) Federal Emergency Management Agency (FEMA) through the Homeland Security Grant Program (HSGP). Operation Stonegarden (OPSG) provides funding to designated localities to enhance cooperation and coordination between Federal, State, local, Tribal, and territorial law enforcement agencies in a joint mission to secure the United States borders along routes of ingress from international borders to include travel corridors in States bordering Mexico and Canada, as well as States and territories with International water borders. 2: The FFY 2011 HSGP grant guidance stipulates the following caps and thresholds that apply to OPSG: a. A maximum of up to five percent (5 of OPSG funding may be used for management and administrative purposes associated with this award. b. Per the PRICE of Homeland Security Act (Public Law 110 -412), subgrantees are allowed to utilize up to 50 percent (50 of their OPSG funding for personnel related costs which include overtime activities. 3. OPSG- funded activities must have a clear correlation to the goals, objectives, and priorities identified in the evaluated and approved FY 2011 OPSG Operations Order submitted to DHS and identified in the Scope of Work, Exhibit C. 4. When preparing Biannual Reports, accomplishments relating to the following project deliverables should be addressed, including but not limited to: FEMA -HSGP -FFY 2011 Page 6 of 23 Clallam County Sheriffs Office E12 -282 FEMA HSGP -FFY 2011 a. Enhanced capabilities as regards to border security and protection b. Equipment purchased, installed, tested, and trainings conducted. 5. All equipment is required to be on the Authorized Equipment List located at the Responder Knowledge Base (http: //www.rkb.us/). No reimbursement for equipment costs will occur until the appropriate approvals have been obtained. 6. Sub grantees may consider marking equipment in the following manner, "Purchased with funds provided by the U.S. Department of Homeland Security," in order to facilitate their own audit processes, as well as Federal audits and monitoring visits, which may result from receiving Federal funding. Page 7 of 23 Clallam County Sheriffs Office E12 -282 Washington State Military Department GENERAL TERMS AND CONDITIONS Department of Homeland Security (DHS)/ Federal Emergency Management Agency (FEMA) Grants Exhibit B A.1 DEFINITIONS As used throughout this Grant Agreement, the following terms will have the meaning set forth below: a. "Department" means the Washington State Military Department, as a state agency, any division, section, office, unit or other entity of the Department, or any of the officers or other officials lawfully representing that Department. b. "Sub- grantee" means the govemment or other eligible legal entity to which a sub grant is awarded and which is accountable to the Grantee for the use of the funds provided under this Grant Agreement, and includes all employees of the Sub grantee and any sub contractor retained by the Sub grantee as permitted under the terms of this Grant Agreement. The term "Sub- grantee" and "Contractor" may be used interchangeably in this Agreement. c. "Sub- grantee Agent" means the official representative and alternate designated or appointed by the Sub grantee in writing and authorized to make decisions on behalf of the Sub grantee. d. "Grantee" means the govemment to which a grant is awarded and which is accountable for the use of the funds provided. The Grantee is an entire legal entity even if only a particular component of the entity is designated in the grant award document. For the purpose of this Grant Agreement, the state of Washington is the Grantee. The Grantee and the Department are one and the same. e. "Monitoring Activities" means all administrative, financial, or other review activities that are conducted to ensure compliance with all state and federal laws, rules, authorities and policies. f. "investment Justification" means grant application investment justification submitted by the Sub grantee describing the project for which federal funding is sought and provided under this Grant Agreement. Such grant application investment justification is hereby incorporated into this Grant Agreement by reference. g. PL is defined and used herein to mean the Public Law. h. "CFR" is defined and used herein to mean the Code of Federal Regulations. i. "OMB" is defined and used herein to mean the Office of Management and Budget. j. "WAC" is defined and used herein to mean the Washington Administrative Code. k. "RCW" is defined and used herein to mean the Revised Code of Washington. A.2 SINGLE AUDIT ACT REQUIREMENTS (INCLUDING ALL AMENDMENTS) Non federal entities as subrecipients that expend $500,000 or more in one fiscal year of federal funds from all sources, direct and indirect, are required to have a single or a program specific audit conducted in accordance with the Office of Management and Budget (OMB) Circular A- 133 Audits of States, Local Governments, and Non Profit Organizations (amended June 27, 2003, effective for fiscal years ending after December 31, 2003, and further amended June 26, 2007). Non federal entities that spend Tess than $500,000 a year in federal awards are exempt from federal audit requirements for that year, except as noted in Circular No. A -133. As defined in Circular A -133, the term "non federal entity" means a State, local government, or non profit organization, and the term °State" includes Indian tribes. Circular A -133 is available on the OMB Home Page at http: /lwww.omb.gov. Sub grantee required to have an audit must ensure the audit is performed in accordance with Generally Accepted Government Auditing Standards (GAGAS) as found in the Government Auditing Standards (the Revised Yellow Book) developed by the Comptroller General and the OMB Compliance Supplement. The Sub grantee- grantee FEMA- HSGP -FFY 2011 Page 8 of 23 Clallam County Sheriffs Office E12 -282 has the responsibility of notifying its auditor and requesting an audit in compliance with Circular A -133, to include the Washington State Auditor's Office, a federal auditor, or a public accountant performing work using GAGAS, as appropriate. Costs of the audit may be art allowable grant expenditure as authorized by Circular A -133. The Sub grantee shall maintain auditable records and accounts so as to facilitate the audit requirement and shall ensure that any sub contractors also maintain auditable records. The Sub grantee is responsible for any audit exceptions incurred by its own organization or that of its sub contractors. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report. The Sub grantee must respond to Department requests for information or corrective action concerning audit issues or findings within 30 days of the date of request. The Department reserves the right to recover from the Sub grantee all disallowed costs resulting from the audit. Once the single audit has been completed, the Sub grantee must send a full copy of the audit to the Department and a letter stating there were no findings, or if there were findings, the letter should provide a list of the findings. The Sub grantee must send the audit and the letter no later than nine (9) months after the end of the Sub grantee's fiscal year(s) to: Accounting Manager Washington Military Department Finance Division, Building #1 TA -20 Camp Murray, WA 98430 -5032 In addition to sending a copy of the audit, the Sub grantee must include a corrective action plan for any audit findings and a copy of the management letter if one was received. If Sub grantee claims it is exempt from the audit requirements of Circular A -133, Sub grantee music send a letter identifying this Grant Agreement and explaining the criteria for exemption no later than nine (9) months after the end of the Sub grantee fiscal year(s) to: Accounting Manager Washington Military Department Finance Division, Building #1 TA -20 Camp Murray, WA 98430 -5032 The Department retains the sole discretion to determine whether a valid claim for an exemption from the audit requirements of this provision has been established. The Sub grantee shall include the above audit requirements in any sub contracts. Conducting a single or program specific audit in compliance with Circular A -133 is a material requirement of this Grant Agreement. In the absence of a valid claim of exemption from the audit requirements of Circular A -133, the Sub grantees failure to comply with said audit requirements may result in one or more of the following actions in the Department's sole discretion: a percentage of federal awards being withheld until the audit is completed in accordance with Circular A -133; the withholding or disallowing of overhead costs; the suspension of federal awards until the audit is conducted and submitted; or termination of the federal award. A.3 ADVANCE PAYMENTS PROHIBITED The Department shall make no payments in advance or in anticipation of goods or services to be provided under this Agreement. Sub grantee shall not invoice the Department in advance of delivery and invoicing of such goods or services. FEMA HSGP -FFY 2011 Page 9 of 23 Clallam County Sheriffs Office E 12 -282 A.4 AMENDMENTS AND MODIFICATIONS The Sub grantee or the Department may request, in writing, an amendment or modification of this Grant Agreement. However, such amendment or modification shall not be binding, take effect or be incorporated herein until made in writing and signed by the authorized representatives of the Department and the Sub grantee. No other understandings or agreements, written or oral, shall be binding on the parties. A.5 AMERICANS WITH DISABILITIES ACT (ADA) OF 1990. PUBLIC LAW 101 -336. 42 U.S.C. 12101 ET SEQ. AND ITS IMPLEMENTING REGULATIONS ALSO REFERRED TO AS THE "ADA" 28 CFR Part 35. The Sub grantee must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunication. A.6 ASSURANCES Department and Sub grantee agree that all activity pursuant to this Grant Agreement will be in accordance with all the applicable current federal, state and local laws, rules and regulations. A.7 CERTIFICATION REGARDING DEBARMENT. SUSPENSION. OR INELIGIBILITY As federal funds are a basis for this Grant Agreement, the Sub grantee certifies that the Sub grantee is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Grant Agreement by any federal department or agency. If requested by the Department, the Sub grantee shall complete and sign a Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion form. Any such form completed by the Sub grantee for this Grant Agreement shall be incorporated into this Grant Agreement by reference. Further, the Sub grantee agrees to comply with all applicable federal regulations concerning the federal debarment and suspension system, including 2 CFR Part 180. The Sub grantee certifies that it will ensure that potential sub contractors or sub recipients or any of their principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in "covered transactions" by any federal department or agency. "Covered transactions" include procurement contracts for goods or services awarded under a non procurement transaction (e.g. grant or cooperative agreement) that are expected to equal or exceed $25,000, and sub awards to sub recipients for any amount. With respect to covered transactions, the Sub grantee may comply with this provision by obtaining a certification statement from the potential sub contractor or sub recipient or by checking the Excluded Parties List System (EPLS) maintained by the federal General Services Administration (GSA). The Sub grantee also agrees not to enter into any arrangements or contracts with any party on the Washington State Department of Labor and Industries' "Debarred Contractor List." A.8 CONFLICT OF INTEREST No officer or employee of the Department; no member, officer, or employee of the Sub grantee or its designees or agents; no member of the governing body of the jurisdiction in which the project is undertaken or located; and no other official of such the Sub grantee who exercises any functions or responsibilities with respect to the project during his or her tenure, shall have any personal or pecuniary gain or interest, direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to be performed in connection with the project assisted under this Grant Agreement. The Sub grantee shall incorporate, or cause to incorporate, in all such contracts or subcontracts, a provision prohibiting such interest pursuant to this provision. FEMA HSGP -FFY 2011 Page 10 of 23 Clallam County Sheriffs Office El 2-282 A.9 COMPLIANCE WITH APPLICABLE STATUTES. RULES AND DEPARTMENT POLICIES The Sub grantee and all its contractors shall comply with, and the Department is not responsible for determining compliance with, any and all applicable federal, state, and local laws, regulations, executive orders, OMB Circulars, andlor policies. This obligation includes, but is not limited to: nondiscrimination laws andlor policies, Energy Policy and Conservation Act (PL 94 -163, as amended), the Americans with Disabilities Act (ADA), the Robert T. Stafford Disaster Relief and Emergency Assistance Act, (PL 93 -288, as amended), Ethics in Public Service (RCW 42.52), Covenant Against Contingent Fees (48 CFR Section 52.203 -5), Public Records Act (RCW 42.56), Prevailing Wages on Public Works (RCW 39.12), State Environmental Policy Act (RCW 43.21C), Shoreline Management Act of 1971 (RCW 90.58), State Building Code (RCW 19.27), Energy Related Building Standards (RCW 19.27A), Provisions in Buildings for Aged and Handicapped Persons (RCW 70.92), and safety and health regulations. In the event of the Sub grantee's or its contractor's noncompliance or refusal to comply with any applicable law, regulation, executive order, OMB Circular or policy, the Department may rescind, cancel, or terminate the Grant Agreement in whole or in part in its sole discretion. The Sub grantee is responsible for all costs or liability arising from its failure to comply with applicable law, regulation, executive order, OMB Circular or policy. A.10 pISCLOSUl3E The use or disclosure by any party of any information concerning the Department for any purpose not directly connected with the administration of the Department's or the Sub grantee's responsibilities with respect to services provided under this Grant Agreement is prohibited except by prior written consent of the Department. However, the parties acknowledge that the Department, and state and local agencies as defined in RCW 42.56.010, are subject to RCW 42.56, the state Public Records Act. A.11 DISPUTES The Department and Sub grantee shall make every effort to resolve disputes arising out of or relating to this Grant Agreement through discussion and negotiation. Should discussion and negotiation fail to resolve a dispute arising under this Agreement, the parties shall select a dispute resolution team to resolve the dispute. The team shall consist of a representative appointed by each party and a third representative mutually agreed upon by both parties. The team shall attempt, by majority vote, to resolve the dispute. Both parties agree that this dispute resolution process shall precede any action in a judicial or quasi-judicial tribunal. Nothing In this section shall preclude the parties from mutually agreeing to a different dispute resolution method in lieu of the procedure outlined above. A.12 LEGAL RELATIONS It is understood and agreed that this Grant Agreement is solely for the benefit of the parties to the Grant Agreement and gives no right to any other party. No joint venture or partnership is formed as a result of this Grant Agreement. To the extent allowed by law, the Sub grantee, its successors or assigns, will protect, save and hold harmless the Department, the State of Washington, and the United States Government and their authorized agents and employees, from all claims, actions, costs, damages or expenses of any nature whatsoever by reason of the acts or omissions of the Sub grantee, its sub contractors, assigns, agents, contractors, consultants, licensees, invitees, employees or any person whomsoever arising out of or in connection with any acts or activities authorized by this Grant Agreement. To the extent allowed by law, the Sub grantee further agrees to defend the Department and the State of Washington and their authorized agents and employees in any litigation; including payment of any costs or attorneys' fees for any claims or action commenced thereon arising out of or in connection with acts or activities authorized by this Grant Agreement. FEMA HSGP -FFY 2011 Page 11 of 23 Clallam County Sheriffs Office E12-282 This obligation shall not include such claims, costs, damages or expenses which may be caused by the sole negligence of the Department; provided, that if the claims or damages are caused by or result from the concurrent negligence of (1) the Department, and (2) the Sub grantee, its agents, or employees, thls Indemnity provision shall be valid and enforceable only to the extent of the negligence of the Sub grantee, or Sub grantee's agents or employees. Insofar as the funding source, the Department of Homeland Security (DHS) /Federal Emergency Management Agency (FEMA), is an agency of the federal government, the following shall apply: 44 CFR 206.9 Non- liabilitv. The federal government shall not be liable for any claim based upon the exercise or performance of, or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of the federal government in carrying out the provisions of the Stafford Act. A.13 LIMITATION OF AUTHORITY Authorized Signature The signatories to this Agreement represent that they have the authority to bind their respective organizations to this Agreement. Only the Department's Authorized Signature representative and the Authorized Signature representative of the Sub grantee or Alternate for the Sub grantee, formally designated in writing, shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Grant Agreement. Any alteration, amendment, modification, or waiver of any clause or condition of this Grant Agreement is not effective or binding unless made in writing and signed by both parties Authorized Signature representatives. Further, only the Authorized Signature representative or Alternate for the Sub grantee shall have signature authority to sign reimbursement requests, time extension requests, amendment and modification requests, requests for changes to the scope of work, and other requests, certifications and documents authorized by or required under this Agreement. A.14 LOSS OR REDUCTION OF FUNDING In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement and prior to normal completion or end date, the Department may unilaterally reduce the scope of work and budget or unilaterally terminate all or part of the Agreement as a "Termination for Cause" without providing the Sub grantee an opportunity to cure. Alternatively, the parties may renegotiate the terms of this Agreement under "Amendments and Modifications" to comply with new funding limitations and conditions, although the Department has no obligation to do so. A.15 NONASSIGNABILITY Neither this Grant Agreement, nor any claim arising under this Grant Agreement, shall be transferred or assigned by the Sub grantee. A.16 NONDISCRIMINATION The Sub grantee shall comply with all applicable federal and state non discrimination laws, regulations, and policies. No person shall, on the grounds of age, race, creed, color, sex, sexual orientation, religion, national origin, marital status, honorably discharged veteran or military status, or disability (physical, mental, or sensory) be denied the benefits of, or otherwise be subjected to discrimination under any project, program, or activity, funded, in whole or in part, under this Grant Agreement. A.17 NOTICES The Sub grantee shall comply with all public notices or notices to individuals required by applicable local, state and federal laws and shall maintain a record of this compliance. FEMA HSGP -FFY 2011 Page 12 of 23 Clallam County Sheriff's Office E12 -282 A.18 OCCUPATIONAL SAFETY /HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/ HEALTH ACT (OSHAANISU The Sub grantee represents and warrants that its work place does now or will meet all applicable federal and state safety and health regulations that are in effect during the Sub grantee's performance under this Grant Agreement. To the extent allowed by law, the Sub grantee further agrees to indemnify and hold harmless the Department and its employees and agents from all liability, damages and costs of any nature, including but not limited to, costs of suits and attorneys' fees assessed against the Department, as a result of the failure of the Sub grantee to so comply. A.19 OWNERSHIP OF PROJECT /CAPITAL FACILITIES The Department makes no claim to any capital facilities or real property improved or constructed with funds under this Grant Agreement, and by this grant of funds does not and will not acquire any ownership interest or title to such property of the Sub grantee. The Sub grantee shall assume all liabilities arising from the ownership and operation of the project and agrees to hold the Department and the state of Washington and the United States government harmless from any and all causes of action arising from the ownership and operation of the project. A.20 POLITICAL ACTIVITY No portion of the funds provided herein shall be used for any partisan political activity or to further the election or defeat of any candidate for public office or influence the approval or defeat of any ballot issue. A.21 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION The assistance provided under this Grant Agreement shall not be used in payment of any bonus or commission for the purpose of obtaining approval of the application for such assistance or any other approval or concurrence under this Grant Agreement provided, however, that reasonable fees or bona fide technical consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as project costs. A.22 PUBLICID The Sub grantee agrees to submit to the Department prior to issuance all advertising and publicity matters relating to this Grant Agreement wherein the Department's name is mentioned or language used from which the connection of the Department's name may, In the Department's judgment, be inferred or implied. The Sub grantee agrees not to publish or use such advertising and publicity matters without the prior written consent of the Department. The Sub grantee may copyright original work it develops in the course of or under this Grant Agreement; however, pursuant to 44 CFR 13.34, FEMA reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use the work for government purposes. Publication resulting from work performed under this Grant Agreement shall include an acknowledgement of FEMA's financial support, by CFDA number, and a statement that the publication does not constitute an endorsement by FEMA or reflect FEMA's views. A.23 RECAPTURE PROVISION In the event the Sub grantee fails to expend funds under this Agreement in accordance with applicable federal, state, and local laws and /or the provisions of the Grant Agreement, the Department reserves the right to recapture funds in an amount equivalent to the extent of noncompliance. Such right of recapture shall exist for the life of the project following Grant Agreement termination. Repayment by the Sub grantee of funds under this recapture provision shall occur within 30 days of demand. In the event the Department is required to institute legal proceedings to enforce the recapture provision, the Department shall be entitled to its costs thereof, including attorney fees. FEMA HSGP -FFY 2011 Page 13 of 23 Clallam County Sheriff's Office E12 -282 A.24 RECORDS a. The Sub grantee agrees to maintain all books, records, documents, receipts, invoices and all other electronic or written records necessary to sufficiently and properly reflect the Sub grantee's contracts, grant administration, and payments, including all direct and indirect charges, and expenditures in the performance of this Grant Agreement (the "records b. The Sub grantee's records related to this Grant Agreement and the activities funded may be inspected and audited by the Department or its designee, by the Office of the State Auditor, DHS, FEMA or their designees, by the Comptroller General of the United States or its designees, or by other state or federal officials authorized by law, for the purposes of determining compliance by the Sub grantee with the terms of this Grant Agreement and to determine the appropriate level of funding to be paid under the Grant Agreement. c. The records shall be made available by the Sub grantee for such inspection and audit, together with suitable space for such purpose, at any and all times during the Sub grantee's normal working day. d. The Sub grantee shall retain and allow access to all records related to this Grant Agreement and the funded project(s) for a period of at least six (6) years following final payment and closure of the grant under this Grant Agreement. A.25 RESPONSIBILITY FOR PROJECT /STATEMENT OF WORKNVORK PLAN, While the Department undertakes to assist the Sub grantee with the project/statement of work/work plan (project) by providing grant funds pursuant to this Grant Agreement, the project itself remains the sole responsibility of the Sub grantee. The Department undertakes no responsibility to the Sub grantee, or to any third party, other than as is expressly set out in this Grant Agreement. The responsibility for the design, development, construction, implementation, operation and maintenance of the project, as these phrases are applicable to this project, is solely that of the Sub grantee, as is responsibility for any claim or suit of any nature by any third party related in any way to the project. Prior to the start of any construction activity, the Sub grantee shall ensure that all applicable Federal, State, and local permits and clearances are obtained, including but not limited to FEMA compliance with the National Environmental Policy Act, the National Historic Preservation Act, the Endangered Species Act, and all other environmental laws and executive orders. The Sub grantee shall defend, at its own cost, any and all claims or suits at law or in equity, which may be brought against the Sub grantee in connection with the project. The Sub grantee shall not look to the Department, or to any state or federal agency, or to any of their employees or agents, for any performance, assistance, or any payment or indemnity, including but not limited to cost of defense and/or attorneys' fees, in connection with any claim or lawsuit brought by any third party related to any design, development, construction, implementation, operation and /or maintenance of a project. A.26 CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING As required by 44 CFR Part 18, the Sub grantee hereby certifies that to the best of its knowledge and belief: (1) no federally appropriated funds have been paid or will be paid by or on behalf of the Sub grantee to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement; (2) that if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in FEMA- HSGP -FFY 2011 Page 14 of 23 Clallam County Sheriffs Office E12 -282 connection with this Grant Agreement, grant, loan, or cooperative agreement, the Sub grantee will complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; (3) and that, as applicable, the Sub grantee will require that the language of this certification be included in the award documents for all subawards at all tiers (including sub contracts, sub grants, and contracts under grants, loans, and cooperative agreements) and that all sub recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into, and is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. A.27 SEVERABILITY If any court of rightful jurisdiction holds any provision or condition under this Grant Agreement or its application to any person or circumstances invalid, this invalidity does not affect other provisions, terms or conditions of the Grant Agreement, which can be given effect without the invalid provision. To this end, the terms and conditions of this Grant Agreement are declared severable. A.28 SUB CONTRACTING The Sub grantee shall use a competitive procurement process in the award of any contracts with contractors or sub contractors that are entered into under the original contract award. The procurement process followed shall be in accordance with 44 CFR Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Govemments, or with OMB Circular A -110, Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations, as applicable to the Sub grantee. All sub contracting agreements entered into pursuant to this Grant Agreement shall incorporate this Grant Agreement by reference. A.29 SUB GRANTEE NOT EMPLOYEE The parties intend that an independent contractor relationship will be created by this Grant Agreement. The Sub grantee, and/or employees or agents performing under this Grant Agreement are not employees or agents of the Department in any manner whatsoever. The Sub grantee will not be presented as nor claim to be an officer or employee of the Department or of the State of Washington by reason of this Grant Agreement, nor will the Sub grantee make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of the Department or of the State of Washington by reason of this Grant Agreement, including, but not limited to, Workmen's Compensation coverage, unemployment insurance benefits, social security benefits, retirement membership or credit, or privilege or benefit which would accrue to a civil service employee under Chapter 41.06 RCW. It is understood that if the Sub grantee is another state department, state agency, state university, state college, state community college, state board, or state commission, that the officers and employees are employed by the state of Washington in their own right and not by reason of this Grant Agreement. A.30 TAXES. FEES AND LICENSES Unless otherwise provided in this Grant Agreement, the Sub grantee shall be responsible for, pay and maintain in current status all taxes, unemployment contributions, fees, licenses, assessments, permit charges and expenses of any other kind for the Sub grantee or its staff required by statute or regulation that are applicable to Grant Agreement performance. A.31 TERMINATION FOR CONVENIENCE Notwithstanding any provisions of this Grant Agreement, the Sub grantee may terminate this Grant Agreement by providing written notice of such termination to the Department's Key Personnel identified in the Grant Agreement, specifying the effective date thereof, at least thirty (30) days prior to such date. FEMA HSGP -FFY 2011 Page 15 of 23 Clallem County Sheriffs Office E12 -282 Except as otherwise provided in this Grant Agreement, the Department, in its sole discretion and in the best interests of the State of Washington, may terminate this Grant Agreement in whole or in part by providing ten (10) calendar days written notice, beginning on the second day after mailing to the Sub grantee. Upon notice of termination for convenience, the Department reserves the right to suspend ail or part of the Grant Agreement, withhold further payments, or prohibit the Sub grantee from incurring additional obligations of funds. In the event of termination, the Sub grantee shall be liable for all damages as authorized by law. The rights and remedies of the Department provided for in this section shall not be exclusive and are in addition to any other rights and remedies provided by law. A.32 TERMINATION OR SUSPENSION FOR CAUSE In the event the Department, in its sole discretion, determines the Sub grantee has failed to fulfill in a timely and proper manner its obligations under this Grant Agreement, is in an unsound financial condition so as to endanger performance hereunder, is in violation of any laws or regulations that render the Sub grantee unable to perform any aspect of the Grant Agreement, or has violated any of the covenants, agreements or stipulations of this Grant Agreement, the Department has the right to immediately suspend or terminate this Grant Agreement in whole or in part. The Department may notify the Sub grantee in writing of the need to take corrective action and provide a period of time in which to cure. The Department is not required to allow the Sub grantee an opportunity to cure if it is not feasible as determined solely within the Department's discretion. Any time allowed for cure shall not diminish or eliminate the Sub grantee liability for damages or otherwise affect any other remedies available to the Department. If the Department allows the Sub grantee an opportunity to cure, the Department shall notify the Sub grantee in writing of the need to take corrective action. If the corrective action is not taken within ten (10) calendar days or as otherwise specified by the Department, or if such corrective action is deemed by the Department to be insufficient, the Grant Agreement may be terminated in whole or in part. The Department reserves the right to suspend all or part of the Grant Agreement, withhold further payments, or prohibit the Sub grantee from incurring additional obligations of funds during investigation of the alleged compliance breach, pending corrective action by the Sub grantee, if allowed, or pending a decision by the Department to terminate the Grant Agreement in whole or in part. In the event of termination, the Sub grantee shall be liable for all damages as authorized by law, including but not limited to, any cost difference between the original Grant Agreement and the replacement or cover Grant Agreement and all administrative costs directly related to the replacement Grant Agreement, e.g., cost of administering the competitive solicitation process, mailing, advertising and other associated staff time. The rights and remedies of the Department provided for in this section shall not be exclusive and are in addition to any other rights and remedies provided by law. If it is determined that the Sub grantee: (1) was not in default or material breach, or (2) failure to perform was outside of the Sub grantee's control, fault or negligence, the termination shall be deemed to be a "Termination for Convenience A.33 TERMINATION PROCEDURES, In addition to the procedures set forth below, if the Department terminates this Grant Agreement, the Sub grantee shall follow any procedures specified in the termination notice.. Upon termination of this Grant Agreement and in addition to any other rights provided in this Grant Agreement, the Department may require the Sub grantee to deliver to the Department any property specifically produced or acquired for the performance of such part of this Grant Agreement as has been terminated. If the termination is for convenience, the Department shall pay to the Sub grantee agreed upon price, if separately stated, for properly authorized and completed work and services rendered or goods delivered to and accepted by the Department prior to the FEMA HSGP -FFY 2011 Page 16 of 23 Claltam County Sheriff's Office E12 -282 effective date of Grant Agreement termination, and the amount agreed upon by the Sub grantee and the Department for (i) completed work and services and /or equipment or supplies provided for which no separate price is stated, (ii) partially completed work and services and /or equipment or supplies provided which are accepted by the Department, (iii) other work, services and /or equipment or supplies which are accepted by the Department, and (iv) the protection and preservation of property. Failure to agree with such amounts shall be a dispute within the meaning of the "Disputes" clause of this Grant Agreement. If the termination is for cause, the Department shall determine the extent of the liability of the Department. The Department shall have no other obligation to the Sub grantee for termination. The Department may withhold from any amounts due the Sub grantee such sum as the Department determines to be necessary to protect the Department against potential loss or liability. The rights and remedies of the Department provided in this Grant Agreement shall not be exclusive and are in addition to any other rights and remedies provided by law. After receipt of a notice of termination, and except as otherwise directed by the Department in writing, the Sub grantee shall: a. Stop work under the Grant Agreement on the date, and to the extent specified, in the notice; b. Place no further orders or sub contracts for materials, services, supplies, equipment and /or facilities in relation to this Grant Agreement except as may be necessary for completion of such portion of the work under the Grant Agreement as is not terminated; c. Assign to the Department, in the manner, at the times, and to the extent directed by the Department, all of the rights, title, and interest of the Sub grantee under the orders and sub contracts so terminated, in which case the Department has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and sub contracts; d. Settle all outstanding liabilities and all claims arising out of such termination of orders and sub contracts, with the approval or ratification of the Department to the extent the Department may require, which approval or ratification shall be final for all the purposes of this clause; e. Transfer title to the Department and deliver in the manner, at the times, and to the extent directed by the Department any property which, if the Grant Agreement had been completed, would have been required to be furnished to the Department; f. Complete performance of such part of the work as shall not have been terminated by the Department in compliance with all contractual requirements; and g. Take such action as may be necessary, or as the Department may require, for the protection and preservation of the property related to this Grant Agreement which is in the possession of the Sub grantee and in which the Department has or may acquire an interest. A.34 TRAVEL AND SUBSISTENCE REIMBURSEMENT Unless the Grant Agreement specifically provides for different rates, any travel or subsistence reimbursement allowed under the Agreement shall be paid in accordance with rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or amended. The Sub grantee may be required to provide to the Department copies of receipts for any travel related expenses other than meals and mileage (example: parking) that are authorized under this Agreement. A.35 UTILIZATION OF MINORITY AND WOMEN BUSIIIESS ENTERPRISES (MWBQ The Sub grantee is encouraged to utilize business firms that are certified as minority owned and /or women -owned in carrying out the purposes of this Grant Agreement. FEMA HSGP -FFY 2011 Page 17 of 23 Clallam County Sheriffs Office E12 -282 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. FEMA HSGP -FFY 2011 Page 18 of 23 Clailam County Sheriffs Office E12 -282 FFY11 Homeland Security Grant Program (HSGP) Operation Stonegarden (OPSG) Scope of Work Operations Order Name FY 2011 OPSG WA Clallam County Op -Order Number 12- BLWBLW -05 -001 Version 0 From Approved Operations Order. EXECUTIVE SUMMARY: Active participants have a history of working together with all federal agencies including Customs and Border Protection to achieve reduction in alien entry and drug and weapons smuggling. This multi jurisdictional law enforcement team will utilize OPSG funds to improve radio communications and to conduct law enforcement patrols in border zones in support of the Border Patrol Strategic Plan's driving principles of Information, integration and Rapid Response. MISSION: The Clallam County Sheriffs Office, in cooperation with law enforcement partners and the U.S. Border Patrol, will utilize OPSG funding to support integrated policing through coordinated patrols and improvements in radio communications. These patrols will be conducted along exploited maritime border zones in concert with Port Angeles Station and will support the Border Patrol Strategic Plan's driving principles of Information, Integration and Rapid Response. ACTIVE PARTICIPANTS: Clallam County Sheriffs Office shares the responsibilities of security and criminal investigations within the contiguous seas of Clallam County and the Olympic Peninsula with the United States Coast Guard (USCG), United States Border Patrol (USBP), National Parks: Service (NPS), Immigration and Customs Enforcement (ICE), Washington State Department of Fish Wildlife, Washington State Patrol, Port Angeles Police Department, Sequim Police Department, Forks Police Department, Port Townsend Police Department, and Jefferson County Sheriffs Office. All four tribal entities (Lower Elwha Tribal Police, La Push Police Department, Neah Bay Police Department, and Jamestown Fish and Wildlife also share in the responsibilities and work closely with Clallam County Sheriffs Office. EXECUTION: To reflect changing conditions, USBP and participating agencies will execute changes to the OPSG operational plan for submission to OBP as evolving threats require. Each participating OPSG agency will have a designated management representative as noted in the Command and Control section of this operational plan. Participating officers will complete a Daily Activity Report (DAR), at the conclusion of their shift. The DAR will be submitted via email to USBP OPSG Coordinator. The USBP OPSG Coordinator will monitor /coordinate all OPSG activities, collect the DAR, generate and submit the monthly OPSG recap for Headquarters Border Patrol, and keep command staff apprised as necessary. The Port Angeles Station Patrol Agent in Charge (PAIC) will be responsible for OPSG- related enforcement activities within his AOR and for reporting relevant intelligence to the Sector Intelligence Unit (SIU). SIU will analyze information gathered and disseminate as necessary to OPSG participants. The Clallam County Department of Emergency Management will execute all inter- agency contracts for financial reimbursement from OPSG funds and will coordinate reimbursement with the State Administrative Agency. Exhibit C FEMA HSGP -FFY 2011 Page 19 of 23 Clallam County Sheriff's Office E12-282 MILESTONE September 1, 2011 July 15, 2012 January 15, 2013 July 15, 2013 January 15, 2014 June 30, 2014 ttl 2014 C 14/ctj I/ /MI Oc" I oe s Ft 5 s r MILESTONE TIMELINE FFY11 Homeland Security Grant Program (HSGP) Operation Stonegarden (OPSG) TASK Start of Grant Agreement performance period Bi- Annual Progress Report due Bi- Annual Progress Report due Bi- Annual Progress Report due Bi- Annual Progress Report due End of Grant Agreement performance period. Submit all final reports, requests for reimbursement and/or deliverables Exhibit D FEMA- HSGP -FFY 2011 Page 20 of 23 Clallam County Sheriffs Office E12 -282 FEMA HSGP -FFY 2011 Operational Overtime 1 Total BUDGET SHEET FFY11 Homeland Security Grant Program (HSGP) Operation Stonegarden (OPSG) Travel I Total $18,240 I Vehicle /Equipment Maintenance 1 Total $0 Fuel Cost and /or Mileage Reimbursement 1 Total $3,300 1 Equipment 1 Total $430,000 I Management 1 Total $14,023 1 Administration TOTAL $532,163 I Funding Source $66,600 I 713GA Exhibit E 1. Cumulative changes to budget categories in excess of 10% of the grant agreement will not be reimbursed without prior written authorization from the Department. 2. The Sub grantee will not be reimbursed for personnel costs that exceed $266,081.50. 3. Funds shall not be used to supplant inherent routine patrols and law enforcement operations or activities not directly related to providing enhanced coordination between local and Federal law enforcement agencies. Page 21 of 23 Clallam County Sheriffs Office E12 -282 ATTACHMENT #1 ADDITIONAL AGREEMENT PROVISIONS for Compliance With the Federal Funding Accountability and Transparency Act of 2006 (P.L. 109 -282) A. This contract (subaward) is supported by federal funds, requiring compliance with the Federal Funding Accountability and Transparency Act (FFATA or the Transparency Act) and Office of Management and Budget Guidance (OMB). Public Law 109 -282 as amended by section 6202(a) of Public Law 110 -252 (see 31 U.S.C. 6101 note). By entering into this contract, contractor agrees to provide all applicable reporting information to the Washington Military Department (WMD) required by FFATA and OMB Guidance. B. The FFATA requires the OMB to establish a publicly available online database (USASpending.gov) containing information about entities that are awarded Federal grants, loans, and contracts. As required by FFATA and OMB Guidance, certain information on the first -tier subawards related to Federal contracts and grants, and the executive compensation of awardees, must be made publicly available. C. For new Federal grants beginning October 1, 2010, if the initial subaward is equal to or greater than $25,000, reporting of the subaward and executive compensation information is required. If the initial subaward is below $25,000 but subsequent grant modifications result in a total subaward equal to or over $25,000, the subaward will be subject to the reporting requirements as of the date the subaward exceeds $25,000. If the initial subaward equals or exceeds $25,000 but funding is subsequently de- obligated such that the total award amount falls below $25,000, the subaward continues to be subject to the reporting requirements of the Transparency Act and OMB Guidance. D. As a Federal grant subawardee under this contract, your organization is required by FFATA, OMB Guidance and this contract to provide the WMD, as the prime grant awardee, all information required for FFATA compliant reporting by WMD. This includes all applicable subawardee entity information required by FFATA and OMB Guidance, subawardee DUNS number, and relevant executive compensation data, as applicable. 1. Data about your organization will be provided to USASpending.gov by the WMD or by the Federal Contractor Registry (CCR). CCR is a government wide registration system for organizations that do business with the Federal Government. CCR stores information about awardees including financial account information for payment purposes and a link to D &B for maintaining current DUNS information, www.ccr.gov. WMD encourages CCR registration and annual renewal by your organization to minimize unnecessary data entry and re- entry required by both WMD and your organization. It will also reduce the potential of inconsistent or inaccurate data entry. 2. Your organization must have a Data Universal Numbering System (DUNS) number obtained from the firm Dun and Bradstreet (D &B) (www.dnb.com). A 'DUNS number provides a method to verify data about your organization. D &B is responsible for maintaining unique identifiers and organizational linkages on behalf of the Federal Government for organizations receiving Federal assistance. E. The WMD, as the prime awardee, is required by FFATA to report names and total compensation of the five (5) most highly compensated officers of your organization (as the subawardee) if: FEMA HSGP -FFY 2011 Page 22 of 23 Clallam County Sheriffs Office E12 -282 1. Your organization (the subawardee), in the preceding fiscal year, received 80 percent or more of its annual gross revenues from Federal awards and $25,000,000 or more in annual gross revenues from Federal awards; and 2. The public does not have access to this information about the compensation of the senior executives of your organization through periodic reports filed under section 13(a) or 15(d) of the Securities and Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d) or section 6104 of the Internal Revenue Code of 1986. "Total compensation" for purposes of this requirement generally means the cash and non -cash value earned by the executive during the past fiscal year and includes salary and bonus; awards of stock, stock options and stock appreciation rights; and other compensation such as severance and termination payments, and value of life insurance paid on behalf of the employee, and as otherwise provided by FFATA and applicable OMB guidance. F. If (1) in the preceding fiscal year your organization received 80 percent or more of its annual gross revenues from Federal awards and $25,000,000 or more in annual gross revenues from Federal awards, and (2) the public does not have access to this information about the compensation of the senior executives of your organization through periodic reports filed under section 13(a) or 15(d) of the Securities and Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d) or section 6104 of the Internal Revenue Code of 1986, insert the names and total compensation for the five most highly compensated officers of your organization in the table below: If your organization does not meet these criteria, specifically identify below each criteria that is not met for your organization: 1 -12 -2011 Final FEMA HSGP -FFY 2011 Page 23 of 23 Clallam County Sheriffs Office E12 -282 2. 1. CONTRACTOR NAME/ADDRESS ClaIlam County Sheriff's Office 223 East 4 Street, Suite 12 Port Angeles, WA 98362-3000 E12 -262 A Gal t AL 1100-1 a-009 4. CONTRACTOR CONTACT PERSON, NAME/TITLE: 5 MD STAFF CONTACT, NAME/TELEPHONE: Chris Clark (360) 417 -2260 Sierra Wardell (253) 512 -7121 cclark@co.clallam.wa.us sierra.wardell acmil.wa.gov 6. TIN or SSN 7. CATALOG OF FEDERAL DOMESTIC 8. FUNDING SOURCE NAME/AGREEMENT 91- 6001298 ASST (CFDA) 97.067 SHSP 2011 -SS- 00030 -S01 9. FUNDING AUTHORITY: Washington State Military Department (Department) and the U.S. Department of Homeland Security (DHS) 10. DESCRIPTION /JUSTIFICATION OF AMENDMENT: The U.S. Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA) is providing funds to enhance the capability of state and local units of government to prevent, deter, respond to, and recover from catastrophic and/or terrorist events through the FFY11 Operation Stonegarden Program. This funding is being provided to enhance law enforcement preparedness and operational readiness along land borders of the United States. The original contract had an incorrect date in Exhibit D Milestone Timeline. This amendment corrects the last milestone to have all final reports, requests for reimbursement and /or deliverables submitted by August 14, 2014. 11 AMENDMENT TERMS AND CONDITIONS: 1. The contract amount of $532,163 remains unchanged. 2. Replace the original Milestone Timeline with the attached Revised Milestone Timeline. This Amendment is incorporated in and made a part of the contract. Except as amended herein, all other terms and conditions of the contract remain in full force and effect. Any reference in the original contract or an Amendment to the "contract" shall mean "contract as amended The Department and Contractor acknowledge and accept the terms of this Amendment as identified above, effective on the final date of execution below. By signing this Amendment, the signatories warrant they have the authority to execute this Amendment. IN WITNESS WHEREOF, the parties have executed this Amendment: FOR THE DEPARTMENT: FO CONTRACTOR: Signatur James M. Mullen, Director Emergency Management Division Washington State Military Department BOILERPLATE APPROVED AS TO FORM: Brian E. Buchholz (signature on file) 3/12/2010 Assistant Attorney General Form Date 10/27/00 FEMA OPSG -FFY 11 Washington State Military Department AMENDMENT 2 CONTRACT NUMBER: Date Page 1 of 2 for Clallam County Sheriff's Office APPROVED AS TO FORM OR G NA_ 71 14, 41 3. AMENDMENT NUMBER ‘..-)1.1214 Zolt Signature v Date r! Howard V. Doherty, Jr. Board of Commissioners CLALLAIvI CO. PROSECUTORS OFP1C'Li DATE: 1 7 Z 13 t� Clallam County Sheriffs Office E12 -282, Amendment A OW MILESTONE September 1, 2011 July 15, 2012 January 15, 2013 July 15, 2013 January 15, 2014 June 30, 2014 August 14, 2014 Revised) MILESTONE TIMELINE FFY11 Homeland Security Grant Program (HSGP) Operation Stonegarden (OPSG) TASK Start of Grant Agreement performance period Bi- Annual Progress Report due Bi- Annual Progress Report due Bi- Annual Progress Report due Bi- Annual Progress Report due End of Grant Agreement performance period. Submit all final reports, requests for reimbursement and/or deliverables Exhibit D FEMA OPSG -FFY 11 Page 2 of 2 ClaIlam County Sheriff's Office E12 -282, Amendment A