HomeMy WebLinkAbout000705 Original ContractCity of Port Angeles
Record #000705
PSGPfY|| MEMORANDUM OF AGREEMENT (MOA)
Between
MARINE EXCHANGE OF PUGET SOUND
And
CITY OF PORT ANGELES
This is made and entered into by and between Northwes Maritime Advisory Service, d/b/a
Marine Exchange of Puget Sound ("Marine Exchange"), a Washington corporation, and City ofPort
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 2011 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
/\,mokes[heFAnsponsib|eformunugementoodudooinistroionofPS(}PgrantuwardBMVV'2O||'PU'
|{00268'801 ("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 ha the following tasks:
• Serve as funds pass-through agent while maintaining fiscal integrity ofthe 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) (IJ(s)) including corresponding budgets, which are incorporated in to
this M0& 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;
w Conduct alt necessary interactions with FEMA on matters such as project ject 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 FY1 | grant period; and
WHEREAS, S has requested and been granted an allocation of funds from grant award EMW-
2011-PU-K00268-S01 ("the Subaward") for the following Project(s):
• E84W-20||-PD-K0026X-SOi-O5, Port Lighting
WHEREAS, Subgrantee will plan, develop, and execute tha (those) Project(s) in accordance with and as
defined in the IJ(s) in Appendix B; and
MOA Page 1 of 17
WHEREAS, the purpose o[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 foliows:
1. ect and Project Initiation Activities
a. With regard to each Pro ecL when FEMA notifies the FA tha all conditions imposed by FEMA for
the P jec1hovchecnsotisfied,undaftertbiyMK)AhushecnsiAuedbvhntbporticn,thcF/\shaO
notify Subgrantee that its Subaward for that Project is formally effective. Such notification shall be
made hvd�o�nonicorothcrvvrkt�umounn' and the date of that electronic or other *riKennodoe
by "
shall constitute the effective date ofthe 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. Ihn
responsibility to ascertain and comply with all environmental and permitting requirements lies
exclusively with the Subgrantee.
d. Prior to beginning the Project(s), S shall provide the following assurances to the FA:
^
SBA Form |623—CortiUcaiionBeuardinADehurment,Suopcnaion`and0tberRcsponoihi|ity
Matters
• Certification Regarding Drug-Free Workplace Reqiiirements
• U.S. Dept. ofCornmerce Forrn CD-5 11 — Certification Regarding Lobbying
• Standard Form LLL — Disclosure of Lobbying Activities (only ifSubgrantee has engaged in
lobbying)
• Standard Forrn 242B — Assurances — Non-Construction Prograrns (if project ject is not a
construction p 'cut)
• Standard Form 242D — Assurances — Construction Programs (if p ject is a construction
project)
• Accounting System and Financial Capability Questionnaire (if S 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.
r. If S 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.
f. [[Suhgran0ue 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 docurnentation shall include all
inforrnation necessary to determine that the cost is an appropriate in-kind cost share under PSGP
guidetines, inctuding depreciated value and date ofacquisition.
2.
g.
Subgrantee shall begin each Project within sixty (60) days foliowing the effective date ofthe
Subaward for that Project, or this agreement may be subject to cancellation with regard to that
Project. Evidence ofbeginning each Project ject shall be reported to the FA within sixty (60) days and
may include, but is not limited to, project time |inc, written and/or electronic comrnunications,
development and issue of solicitation announcements, contracting documents, purchase orders,
and/or similar compliance docurnents acceptable to the FA.
h. Subgrantee understands and warrants that funds received under this MOA shall supplement, but not
supplant or replace state or Iocal funds or other resources tha otherwise, in the absence ofsuch
funds, would have been made available for the P ject(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.
Project Performance
a. Subgrantee shall cornply with all federal statutes, regulations and guidance applicable to
administration ofa PSGP Subaward, including but not lirnited to
•
With regard to adrninistrative requirements:
o For state, Iocal, and tribal governinents: 44 CFR Part 13 (OMB Circular A-102)
o For all other Subgrantees: ZCFR Part 2\5 (OMB Circular /\'llU)
• With regard to cost principles:
o For state, Iocal, and tribal governments: 2 CFR Par 225 (OMB Circular A-87)
o For colleges and universities: 2 CFR Par 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 ifSubgrantee expends $500,000 or more offederal funds during its fiscal
year, unless a lower threshold is established by any applicable rule, regulation or standard.
• PSGP FY 11 Guidance
The FA will provide technical assistance where pos ible, but S shall be responsible kx
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 Prooedures" which is hereby incorporated by reference and made a non-severable part ofthis
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 ofthe Cooperative Agreement in
Appendix A.
MOA Page 3 of 17
d. Subtgrantee acknowledges that the project project must be cornpleted by May 31, 2014, and tha there will
be no extension to the period..
e. The FA is the primary contact with FEMA regarding projects under this MOA. If Subgrantee has
any questions, problems, or issues regarding projects, Subgruntccxhou|dmake 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 p ject changes, including but not limited to project
intent or scope including location or capability ofequipment, equipment or sery ces not included in
the original IJ and budget, any other budget changes, and grant performance period. Subgrantee shall
notify the FA electronically or by other written rneans ofany such proposed rnajor jor 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 rneans 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, spe6ficuUyorus part ofx group of items or
services, in the approved budget for that P ject in Appendix B, as revised in accordance with
paragraph 2.f. of this MOA.
h. All contracts for execution ofany Project shall provide that Subgrantee, , or the designated
coordinator if Subgrantee is a consortium, shall retain ultimate control and responsibility for the
proper execution ofthe Project andtha\contmotuodpumhosiuAroquiremontsuydctxi|edhcrcin,
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 Subgrant e enters into a contract with third parties, the FA is not a party to
such a contrac and shall not be obligated or !iable for any breach ofcontract or other action at Iaw
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 IJ(s). Title to and disposa! ofproperty shall be handled in accordance
with OMB Circulars &'|82 and /\'ll0.
g.
3. Monitoring and Reporting
a. Throughout the Project(s), S 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 ofa Project ManoAer*ithdoily,huuds'oninvo|vcmentintbcP ject(s), who shall
respond to routine inquiries about the P jcot(u). Initial Project Manogcris:
Bnmi|:[\L��r ���~���o~.(\��
Designation ofa specific financial person who is invo!ved 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:
Email:
Phone: r: 3 /0 / /l` 7 " /l, .�
i . 3
• Provision of prompt notice to the FA, by electronic or other written means from the Project Manager
or Subgrantee's signatory 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 monthly progress
reports to be filed within one week of the end of each month, 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 final
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 supersedes 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 IJ; 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
• PSGP FY 11 Guidance or any federal, state, or local law related to a Project;
MOA Page 5 of 17 5
Upon such finding, the FA shall notify the S 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 inu requirement bv FEMA that funding already received must be repaid.
A. 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 o[this MOA and associated applicable statutes, regulations, and other requirements.
c. SubgrantonshaU not assign or transfer any interest in this MOA or the Subaward without prior
written consent ofthe FA and FEMA. This specificalty inctudes any assignment and/or transfer
occurring as a rnatter 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 ofany 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 narned as an additionat insured:
Commercial General Liability insurance on ISO Form CG 00 01 10 01 (or equivalent)
O
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 harniless the FA and its officers, directors, emptoyees, contractors, and agents,
from and against alt liability, toss, cost or expense (inctuding attorney's fees) by reason oftiabitity
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 ofor related to
Subgrantee's performance under this MOA and/or the Su `nconductofUhoProject(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 or malfeasance of the FA, its
officers, directors, ernployees or agents. Such indemnity shall survive the expiration or earlier
termination of this MOA.
g.
Notices shall bedelivered to the addresse or e-maits shown in the signature blocks ofthis M0&
untess one or both ofthe parties provide change ofsuch contact information by electronic or other
written means.
h. tfa dispute arises out ofor relates to this MOA, or a breach thereof, and ifthe 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 ofSeattle, Washington.
i. This MOA, along with the Appendices and other materials referred to in the MOA, constitute the
enhreugrecmentbetwoenthoF&andtho8uhArunteeuetothc8ubu*u,dundthePr ject(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@nunriuccxchungeaeu.conu
Dated:
CITY OF PORT ANGELES
321 East 5th Street
P.(}. Box i150
Port Angeles, WA 98362
E-mail:
�
°"e"� // '�-
Signed:
Print Name
Title
APPENDICES TO
PSGP FY 11 MEMORANDUM OF AGREEMENT (MOA)
Between
MARINE EXCHANGE OF PUGET SOUND
And
CITY OF PORT ANGELES
Appendix A Cooperative Agreement between the Federal Emergency Management Agency and Marine
Exchange of Puget Sound for management and administration of PSGP grant award EMW-
2011- PU- K00268 -S01
Appendix B Investment Justification and Budget for PSGP grant award EMW- 2011- PU- K00268- S01 -05
Port Lighting
MOA Page 8 of 17 8
APPENDIX A
Excerpts from the Cooperative Agreement Between FEMA and Marine Exchange of Puget Sound
Regarding Administration of Port Security Grant Program Award EMW- 2011- PU- K00268 -501
These excerpts from the Cooperative Agreement are provisions that involve actions and responsibilities of subrecipients. Words or phrases
that are not copied directly from the Cooperative Agreement are shown in [brackets]. A few provisions are not included because they are
already covered in the body of the MOA.
Financial Guidelines
The recipient and any subrecipient shall comply with the most recent version of the [federal] Administrative Requirements, Cost
Principles, and Audit Requirements. A non - exclusive list of regulations commonly applicable to FEMA grants are listed [in Section 2.a. of
this MOA.]
Prohibition on Using Federal Funds
The recipient understands and agrees that it cannot use any Federal funds, either directly or indirectly, in support of the enactment,
repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval
of FEMA.
Federal Involvement
Program authority and responsibility under this cooperative agreement resides with FEMA. FEMA will work with the recipient to review
and refine work plans to ensure program goals and objectives can be effectively accomplished.
Trafficking In Persons
A. Provisions applicable to a recipient that is a private entity.
1. You as the recipient, your employees, subrecipients under this award, and subrecipients' employees may not:
a. Engage in severe forms of trafficking in persons during the period of time that the award is in effect;
b. Procure a commercial sex act during the period of time that the award is in effect; or c. Use
forced labor in the performance of the award or subawards under the award.
2. We as the Federal awarding agency may unilaterally terminate this award, without penalty, if you or a subrecipient that is a private
entity:
a. Is determined to have violated a prohibition in paragraph A.1 of this award term; or
b. Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in
paragraph A.1 of this award term through conduct that is either:
i. Associated with performance under this award; or
ii. Imputed to you or the subrecipient using the standards and due process for imputing the conduct of an individual to an
organization that are provided in 2 CFR Part 180, "OMB Guidelines to Agencies on Governmentwide Debarment and Suspension
(Non- procurement)," as implemented by our agency at 2 CFR Part 3000.
B. Provisions applicable to a recipient other than a private entity. We as the Federal awarding agency may unilaterally terminate this
award, without penalty, if a subrecipient that is a private entity:
1. Is determined to have violated an applicable prohibition in paragraph A.1 of this award term; or
2. Has an employee who is determined by the agency official authorized to terminate the award to have violated an applicable
prohibition in paragraph A.1 of this award term through conduct that is either:
a. Associated with performance under this award; or
b. Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that
are provided in 2 CFR part 180, "OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Non -
procurement)," as implemented by our agency at 2 CFR part 3000.
C. Provisions applicable to any recipient.
1. You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in
paragraph A.1 of this award term.
MOA Page 9 of 17
2. Our right to terrninate unilaterally that is described in paragraph A.2 or B ofthis section:
u. Implements section lO6(g) o[ the Trafficking Victims Protection Act of200O(TVPA).m amended (22U.S.C7lO4(g)).and
b. Is in addition to all other remedies for noncompliance that are available to us under this award.
3. You must include the req i,o^cmsofpamgmphA.|of6bisuwurd term 111 any subaward you make to a private entity. D.
Definitions. For purposes of this award term:
1. "Employee" means either:
a. An individual ernployed by you or a subrecipient who is engaged in the performance ofthe project or program under this
award; or
b. Another person engaged in the performance of the project or program under this award and not compensated by you
including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in-kind
contribution toward cost sharing or matching requirements.
2. "Forced labor" means labor obtained by any of the following methods: the recruitment, harboring, transportation, provision, or
obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to
involuntary servitude, peonage, debt bondage, oi slavery.
3. "Private entity" means:
a. Any entity other than a State, local governmen , ndian Tribe, or foreign public entity, as those terms are, defined in 2 CFR
175.25.
b. Includes:
i. A nonprofit organization, including any nonprofit institution of higher education, hospital, or tribal organization othe than one
included in the definition oflndian Tribe at 2 CFR 17525(h).
ii. A for-profit organization.
4. "Severe forms of trafficking in persons," "commercial sex act," and "coercion" have the meanings given at section l08nf the TVPA.
as amended (22 U.S.C. 7102).
Classified Security Condition
A. "Classified national security information," as defined in Executive Order (EO) 12958, as amondod, means information that has been
determined pursuant to EO 12958 or any predecessor orde to require protection against unauthorized disclosure and is marked to indicate
its classified status when in documentary form.
B. No funding under this award shall be used to support a contract, subaward, or other agreement for goods or services that will include
access to classified national security inforrnation ifthe award recipient has not been approved for and has access to such information.
C. Where an award recipient has been approved for and has access to classified national security information, no funding under this award
shall be used to support a contract, subaward, or other agreement for goods or services that will include access to classified national
security information by the contractor, subawardee, or other entity without prior written approval from the DHS Office of Security,
Industrial Security Program Branch (ISPB), or, an appropriate official within the Federal department or agency with whom the classified
effort will be perforrned.
D. Such contracts, subawards, or other agreenients shall be processed and administered in accordance with the DHS "Standard
Operating Procedures, Classified Contrac ing by States and Loca Entities," dated July 7, 2008; E0s 12829.
12958, 12968, as amended; the National Industrial Security Program Operating Manual (NISPOM); and/or other applicable implernenting
directives or instructions, All security requirement docurnents are located at: bttl:/Lw` w.dius.vv/x4ntit/Amnts/indmzoh/m
E. lmmediately upon determination by the award recipient that funding under this award will be used to support such a contract,
subaward, or other agreement, and prior to execution of any actions to facilitate the acquisition of such a contract, subaward, or other
agreement, the award recipient shall contact [the FA, who will contact] the applicable Federal department or agency, for approval and
processing instructions.
Universal Identifier Requirements
A. [Omitted — Applies only to the FA]
B. Requirement for Data Universal Numbering System (DUNS) Numbers
Ifrecipients are authorized to make subawards s under this award, they:
MOA Page 10 of 17
I. Must notify potential subrecipients that no entity (see definition in paragraph C of this award term) may receive usuhowurd
from you unless the entity has provided its DUNS number to you.
2. May not make a subaward to an entity unless the entity has provided its DUNS number to you. C.
Definitions
For purposes ofthis award term:
1. [Omitted — Applies only to the FA]
2. Data Universal Numbering System (DUNS) number means the nine digit number established and assigned by Dun and
Bradstreet, Inc. (D&B) to uriiquely identif' business entities. A DUNS nurnber may be obtained from
D&B by telephone (currently 866-705-5711) or the Internet (currently at 1ittp://ledcjjjyehIrm).
3. Entity, as it is used in this award te,m, means all n[ the following, as defined at 2 CFR part 25, subpart C:
a. A Governmental organizatiorl, which is a State, local government, or lndian Tribe;
b. A foreign public entity;
c.& domestic o, foreign uonpmfitorganization;
d. A dornestic or foreign for-profit organization; and
e. A Federal agency, but only as a sub recipient under an award or subaward to a non-Federal entity.
4. Subaward:
a. This term means a legal instrument to provide support for the performance of any portion of the substantive
project or program for which you received this award and that you as the recipient award to an eligible subrecipient. b. The term
does not include your procurement ofproperty and services needed to carry out the project or program
(for further explanation, see Sec. ----.210 of ofthe attachmentto OMB Circular A-133, 'Audits ofStates, Local
Governments, and Non-Profit Organizations").
c. A subaward may be provided through any legal agreement, including an agreement that you consider a contract.
5. Subrecipient means an entity tha :
a. Receives a subaward from you under this awar ; and
b. Is accountable to you for the use of the Federal funds provided by the c.
subaward.
Reporting Subawards and Executive Compensation
A. Reporting of first-tier subawards.
1. Applicability. Unless you are exempt as provided in paragraph d. of this award term, you must report each action tha obligates
$25,000 or more in Federal funds that does not include Recovery funds (as defined in section 1512(u)(2)
ofthe American Recovery and Reinvestment Act of 2009, Pub. L. 111-5) for a subaward to an entity (see definitions in paragraph
o.of this award »orm).
2. Wher and when to report.
a. You must report each obligating action described in paragraph a.l. of this award term to http://www.fsrs.gov.
b. For subaward information, report no later than the end of the month following the month in which the obligation was made.
(For example, if the obligation was made on November 7, 2010, the obligation must be reported
byno later than December 3l,20l0j
3. What to report. You rnust report the inforrnation about each obligating action that the submission instructions posted at
Intp://www.fsrs.gov specify.
B. Reporting Total Cornpensation of Recipient Executives.
1. Applicability and what to report. You must report total compensation for each of your five most highly compensated executives
for the preceding cornpleted fiscal year, if-
a. the total Federal funding authorized to date under this award is $25,000 or more;
b. in the preceding fiscat year, you received-
i. 8Opomuoto,morov[you,onnuo|gmoxmvrnvr»6nmFcdrm|pmcummcntoonoamo(undao6coutonm)xnd
Federal financial assistance subject w the Transparency Act, usdcfiucdm2CFR 170.320 (and subawards); and ii. $25,000,000
or more in annual gross revenues from Federal procurement contracts (and subcontracts) and
m[m Page 11ov17
Federal financial assistance subject to the Transpar ncy Act, as defined at 2 CFR 170320 (and subawards); and c. The public
does not have access to information about the compensation of the executives through periodic reports
filed under section |3(u)orl5(d)of the Securities Exchange Act of|934(|jU.8.C.78m(o),7Xo(d))orsection
6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information,
see the U.S. Security and Exchange Cornrnission total compensation fihings at
tip.//vv sec.vov/an.,wer,/execone.litin.)
2. Where and when to report. You must report executive total compensation described in paragraph b.l. of this award term:
a. As part ofyour registration profile at http://www.ccr.gov.
b. By the end of the month foliowing the month in which this award is made, and annually thereafter. C.
Reporting of Total Compensation ofSubnzipien Executives.
1. Applicability and what to report. Unless you are exempt as provided in paragraph d. of this award term, for each first-tier subrecipient
under this award, you shall report the names and total compensation of each of the subrecipient's five most highly compensated
executives for the subrecipient's preceding cornpleted fiscal year, if-
a. in the subrecipient's preceding fiscal year, the subrecipient received-
i88pomemormnrcofitsunnux\&ms»rcvcuueo0nnn[cdum|pmcvzrmentcontmcw(undoobcun/mcm)ondFeJem|fiouociu|
assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and
ii $25,000.000 or more in annual gross revenues from Federal procurernent contracts (and subcontracts), and Federal financial
assistance subject to the Transparency Act (and subawards); and
b. The public does not have access to information about the compensation ofthe executives throiigh periodic reports filed under section
l3(n)nrl5(d)o[ the Securities Exchange Act o[\934(l5KS.C.78m(u),78o(d))or section 6|04o[ the Internal Revenue Code nf
1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total
cornpensation filings at http://vv/ w.sco.gov/ons /m.)
2, Where and when to report. You must report subrecipient executive total cornpensation described in paragraph c.1. ofthis this award term:
a. To the recipient.
b. By the end of the month following the month during which you make the subaward. For example, if a subaward is obligated on
any date during the month ofOctober ofa given year ( i.e., between October 1 and 31), you rnust report any required cornpensation
information ofthe subrecipient by November 30 ofthat year.
D. Exemptions
1. If, in the previous tax year, you had gross exempt
to report:
a. Subawards, and
b. The total compensation of the five most highly compensated executives of any subrecipient. E.
Definitions. For purposes of this award term:
1. Entity means alt ofthe fo\lowing,mJcOnoJbu2CFRpurt25:
a. A Governmental orguoicmion, which is a State, local government, or lndian tribe;
b. A foreign pub ic entity;
c. A domestic or foreign nonprofit organization;
d. A domestic or foreign for-profit organization;
e. A Federal agency, but only as a subrecipient under an award or subaward to a non-Federal entity.
2. Executive means officers, managing partners, or any other employees in management positions.
3. Subaward:
a. This term means u legal instrument to provide support for the performance ofany portion ofthe substantive project or program
for which you received this awar and that you as the recipient award to an eligible subrecipient.
b. The term does not include your procurement of property and services needed to carry out the project or program (for further
oxp|uoabon,xcuScc.2lVofdheunnchmcntwOMBUou|urA'|3l"Avditso[Stmeo.Locu\0ovemmonm,xndNon-
Profit
O,Aonizmiono'').
c. A subawar may be provided through any legal agreement, including an agreement that you or a subrecipient considers a
contract.
4. Subrecipient means an entity that:
a. Receives a subaward from you (the recipient) under tliis award; and
MnxPaye 12 m1r
b. Is accountable to you for the use o[the Federal funds provided by the subaward.
5. Total compensation means the cash and noncash dollar value earned by the executive during the recipients or subrecipient's
preceding fiscal year and includes the foliowing (for more information see 17 CFR
229.402(c)(2)):
a. Salary and bonus.
b. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting
purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004)
(F&8 123K), Shared Based Payments.
c. Earnings for services under non-equity incentive plans. This does not include group life, health, hospitalization or medical
reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees.
d. Change in pension value. This is thuchungcinpmvcntvx|uco[dofincdheuefitxodacmmix|pcodonp|nnx.cAkovr'
market earnings on deferred compensation which is not tax-qualified.
f. Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life
insurance paid on beha!fofthe employee, perquisites or property) for the executive exceeds $|O,00O.
National Environmental PoDcy Act (NEPA)
The recipient shall comply with all applicable Federal, State, and local environment 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 (\2898). Failure of the recipient to tneet Federal, State, and local EHP requirements and obtain applicable permits
mayjeopardize 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
o[ the GHPreview. Any change to the approved project scope of work will require re-evaluation for compliance with these EHP
requirements. If ground disturbance 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
environrnental and historic preservation review could result in non-compliance finding.
MOA Page 13 of 17
SECURITYSENSITIVE ��������.^.� � ~���.~�����"���.�. ��.^.".������.�
FY11 PSGK* Investment Justification Template — Puget Sound
Investment Heading
11 110
I. Background
Port Angeles
Washington
City of Port Angeles
City Waterfront Security Lighting Improvements
$261,501
I. Provide an overview of the port system in which this Investment wi'11 take place - Max. 1 page
• Area of Operations:
• Puget Sound
• Port Angeles
• Port of Port Angeles area
• Port of Port Angeles owns the Port Area
• Point(s) of contact for organization (include contact information):
o Grant Preparation and Grant Administration is:
�""-_.- r 1 ) . �~
o �wk /�
o o - _ 3:2 /� 1't� . .. ,
111
� ^') �
,^` "q ~
\i o '—--''=------------------
^-�'` —� Kei*Myers-, City Manager
/`4c o City of Port Angeles
o 321 East Fifth Gtnoet.P.0. Box 1150 Port ��nne|em. VVAD83G3L
Street,
o 360-417-4501 Innyere@eityetpeAis U ~w
o Primary Point of Contact for Management of the Project rs:
o
Nathan West
o
City of Port An8e|ma, Director - Community & Econ. Development
o 321 East 5th Street, P.<]. Box 115O Port Angeles, VVA 98362
o 360'417-4751 nwest@cityofpa.us
• Ownership or Operation:
• City of Port Angeles is a Iocal agency.
• Port of Port Angeles is a member of the AMSC and City of Port Angeles works closely with them.
• Port of Port Angeles is a MTSA regulated facility.
• Role in providing layered protection of regulated entities:
• The City of Port Angeles works closely with all first responders including Port Angeles Fire Department,
C|a||am County Sheriff's Dffioe, U.S. Coast Guard; Washington State Department of Fish and Wildlife;
U.S. Customs & Border Protection; and other law enforcement and fire agencies having jurisdictional
authority over the Port of Port Angeles and the Strait of Juan de Fuca within Clallam County's 200 miles
of coastline.
• Important features:
• Regulated facilities in the City of Port Angeles' AOR include Port of Port Angeles, Coho Ferry Terminal,
Blackball Ferry Vessel, and the Victoria Express Passenger Ferry.
• City of Port Angeles is NIMS compliant.
• Other sources of funding being leveraged for security enhancements
• City of Port Angeles various departments continually seek out all available funding sources to support
the required infrastructure at the Port area.
• Background:
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
WARNING: This document contains Sensitive Security Information that is controlled under 49 CFR 1520 No part of this documen
may be released to persons without a need to know, as defined in 49 CFR 1520, except with the written permission of the TSA
Administrator, Washington, DC. Unauthorized release may result in civil penalty or other action. For U.S. Government agencies,
public release is governed by 5 U.S.C. 522.
MOA Page 14 of 17
SECURITY SENSITIVE INFORMATION
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.
II. Strategic and Program Priorities
ILA. Provide a brief abstract o
h
Investment
ax. 1 page
The City of Port Angeles is seeking funds to install additional lighting (see attached maps, specific lighting
locations, and budget for additional detail of the request for locations) along the Port of Port Angeles waterfront.
Lighting to be implemented as part of the City of Port Angeles Port Security waterfront improvements and will be
a coordinated effort with the security cameras also being installed in the same area. The scope of this project is
for a lighted gateway at Laurel Street for the COHO Ferry Terminal, Double -light Fixture Lighting at the COHO
Ferry Terminal, and street lights on Oak Street, which is to be the new Victoria Express passenger ferry dock.
The City of Port Angeles is also seeking the 5% administrative monies.
I.B. Describe how the Investment will address one or
corresponds with the PRMP — Max. 1 page
PSGP Priorities:
Enhance MDA:.
• PSGP priorities: This investment supports Enhancement of Maritime Domain Awareness (MDA) at the Port of
Port Angeles.
• 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 located at Port of Port Angeles.
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.
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.
7.4.2.1 Measures to protect passenger transportation systems and other high- consequence facilities from
vessel -borne IEDs and water -borne attacks are needed.
7.4.3.7 Measures are needed to protect infrastructure from attack by vessels used as a weapon.
III. Impact
II1.A. Describe how the proj�
ct 0
ers the highest risk reduction potential at
he Least cost
Max 1/2 page
The City of Port Angeles has oversight for the streets adjacent to the MV COHO Ferry Dock, and the dock that
the Victoria Express Passenger Ferry is locating to, which is west of the MV COHO Ferry Dock, as well as
adjacent streets. Currently lighting is insufficient for adequate security for these two ferry landings. The
The City of Port Angeles have put together an extensive plan for lighting and other waterfront improvements
to ensure the safety of pedestrians, bicyclists, and motorists loading on and off the MV COHO Ferry and the
Victoria Express Passenger Ferry. The lighting will provide the ability for ferry personnel to operate the ferries
safely and for first responders to have visibility in the event that there is a terrorist or other type threat at the
Port.
WARNING: This document contains Sensitive Security Information that is controlled under 49 CFR 1520. No part of this document
may be released to persons without a need to know, as defined in 49 CFR 1520, except with the written permission of the TSA
Administrator, Washington, DC. Unauthorized release may result in civil penalty or other action. For U.S. Government agencies,
public release is governed by 5 U.S.C. 522.
MOA Page 15 of 17
SECURITY SENSITIVE INFORMATION
III.E3. Describe current capabilities similar to this Investment — Max.a/2 page
• There is very limited lighting within the area currently.
IV. Funding & Implementation Plan
IV.A. Investment Funding Plan
Budget Elenlerit Amounts FY 2011 PSGP Request Total
$100,000
UMW Ali
INNIENSPENN Mr
Ilk NON
$12,452
$261,50
IV.B. Provide a high-level timeline, milestones and dates, ter 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. I page
The projec will commence upon award of the grant, approved signed contract, and notification to proceed.
Months 1 — 12: Complete design, plans and specifications and necessary permitting.
Months 12 - 17: SoIicit bids and award project.
Months 18 - 26: Complete installations.
Months 27-28: Test equipment
Month 29: Put into regular use and Project Close Out
Schedule will be adjusted to grant time frame as required.
WARNING: This document contains Sensitive Security lnformation that is controlled unde 49 CFR 1520 No part of this documen
may be released to persons without a need to know, as defined in 49 CFR 1520, except with the written permission of the TSA
Administrator, Washington, DC. Unauthorized release may result in civil penalty or other nmmn For U.S. Government agencies,
public release is governed by 5 U.S.C. 522.
MOA Page 16 of 17
FYII BUDGET DETAIL WORKSHEET - CITY OF PORT ANGELES - LIGHTING LAUREL & OAK (PARTIAL)
Line
Item
Entered by Applicant
Calculated
Budget Category / Item
D. Equipment
Est. Cost
Each
Qty
Est. Cost
Sales
Tax
Total
Project
Cost
Total M&A
Street Lights @ Oak Street Pier
6,400
44,800
3,763
48,563
48,563
Lighting Gateway at Laurel Ferry Terminal
9,900
39,600
3,326
42,926
42,926
Double-light Fixture Lighting at Ferry Terminal
9,900
4
39,600
3,326
42,926
42,926
Equipment Totals
F.
134,416
134,416
M&A
12,452
Engineering Design
105,750
1 12�52
1� 105,750
1 U 12�52
12,452
12,452
8,883
114,633
114,633
Consultants/Contr. Total
Total Direct Costs
Total Costs
Amnu,uu,gvinlnvesunwnt*vnuing^vnQ
Grand Total (Project Cost + M&A)
BUDGET SUMMARY
Budget Category
A. Personnel
114,633
249,049
249,049
Total
Project
Cost
127,085
261,501
261,501
261,501
261,501
Federal
Funding
Request
12,452
12,452
12,452
Total M&A
B. Fringe Benefits
C. Travel
D. Equipment
134,416
134,416
E. Supplies
F. Consultants/Contractors
114,633
127,085
12,452
G. Other
H. Indirec
Total Costs
MOA Page 17 of 17
249,049
261,501
12,452