HomeMy WebLinkAbout000272 Original ContractPSGP FY09 MEMORANDUM OF AGREEMENT (MOA)
Between
MARINE EXCHANGE OF PUGET SOUND
And
CITY OF PORT ANGELES
This Agreement is made and entered into by and between Northwest Maritime Advisory Service, d/b /a
Marine Exchange of Puget Sound "Marine Exchange a Washington corporation, and City of Port
Angeles "Subgrantee
WHEREAS, Marine Exchange has been appointed by the Federal Emergency Management Agency
"FEMA to act as the Puget Sound Fiduciary Agent "the FA for the FY 2009 Port Security Grant
Program "PSGP pursuant to 46 USC 70107 and the Maritime Transportation Security Act; and
WHEREAS, a Cooperative Agreement between the FA and FEMA, incorporated into this MOA as Appendix
A, makes the FA responsible for management and administration of PSGP grant award 2009- PU- T9 -K044
"the Award and designates the FA as the direct representative of FEMA and intermediary and funding
pass-through agent between FEMA and Subgrantees; and
WHEREAS, the FA's role includes but is not limited to the following tasks:
Serve as funds pass through agent while maintaining fiscal integrity of the Award;
Receive funds from FEMA and disburse funds to Subgrantees in accordance with FEMA
guidelines and policies, Federal grant and procurement laws, and Subgrantee's approved
Investment Justification(s) (U(s)) including corresponding budgets, which are incorporated in to
this MOA as Appendix B;
Ensure that procurement and payment documentation provided by Subgrantee is adequate to
satisfy subsequent Federal agency audits;
Monitor Subgrantee's financial and accounting policies and practices with regard to the
Project(s) identified below to ensure that they properly address and comply with FEMA
guidelines and policies and with Federal grant and procurement laws;
Conduct all necessary interactions with FEMA on matters such as project scope and budget
changes, environmental and historic preservation (EHP) requirements, timeline extensions,
and other such matters; and
Monitor Subgrantee's progress in carrying out work on the Project(s) identified below in a
timely fashion in order to complete them within the FY09 grant period; and
WHEREAS, Subgrantee has requested and been granted an allocation of fiords from grant award 2009 -PU-
T9-K044 "the Subaward for the following Project(s):
2 o U9: U- T9 -K044' Fire Equipment and Training
City of Port Angeles
Record #000272
WHEREAS, Subgrantee will.plan, develop,,and execute that (those) Project(s) in accordance with and as
.defined in the IJ(s) in Appendix B; and
WHEREAS,',the pure* of this .MOA is to establish the conditions and circumstances under which the FA
will manage and ariminister,the Subaward and will disburse funds to Subgrantee for approved costs incurred
in carrying out'the Projects) identified above;
THEREFORE, the parties agree as follows:
1. Pre= Project and Project Initiation Activities
a. With.regard to each Project, when FEMA notifies the FA that all conditions imposed by FEMA for
the Project have been satisfied, and after this MOA has been signed by bothparties, the FA shall
notify Subgrantee that its Subaward for that Project is formally effective: Such notification shall be
made by electronic or other written means; and the date of that,electronic or other written notice
shall constitute the effective.date of the Subaward.
b. Subgrantee shall comply with all applicable federal, State and local environmental and historic
preservation,(EHP) requirements and shall provide anyinformation requested by, FEMA to ensure
compliance with applicable laws. Subgrantee•is responsible for identifying and obtaining all other
required federal, state, and local permits and/or approvals necessary to complete projects. The
responsibilityto„ascertain'and comply with all, environmental and permittingrrequirements lies
exclusively with Subgrantee.
c. Subgrantee shall not begin any work on any Project, including any obligation of funds, until
-informed by the FA that the Subaward for that Project is effective.
d. Prior to beginning the Project(s), Subgrantee shall provide the following assurances to the FA:
SBA Form 1623 Certification Regarding Debarment, Suspension, •and Other Responsibility
Matters
Certification Regarding Drug -Free Workplace Requirements
U.S. Dept. of Commerce Form CD-511 Certification Regarding Lobbying
Standard Form LLL Disclosure of Lobbying Activities (only if Subgrantee has engaged in
lobbying)
Standard Form 242B Assurances Non- Constrtion Programs (if project is not a
construction project)
Standard Form 242D Assurances Construction Programs (if project is a construction
project)
Accounting System and Financial Capability•Questionnaire.(if Subgrantee has not had an active
Federal grant within the past three years)
Subgrantee agrees to be bouncily and comply with these assurances throughout the MOA period
and bind its contractors, consultants; and vendors to the same assurances..
e. If Subgrantee is a consortium, prior to beginning work on the Project(s), it shall provide to the FA
an MOA or other document clearly setting out the identity of the consortium's coordinator or
facilitator and how the consortium will operate and how distribution and use of the resources
provided by the Subaward will be managed.
MOA Page 2 of 16
f. If Subgrantee plans to provide an in -kind cost share, it shall provide documentation on all elements
of the cost share to the FA prior to beginning the Praject(s). Such documentation shall include all
information necessary to determine that the cost is an appropriate in -kind cost share under PSGP
guidelines, including depreciated value and date of acquisition.
Subgrantee shall begin each Project within sixty (60) days following the effective date of the
Subaward for that Project, or this agreement may be subject to cancellation with regard to that
Project. Evidence of beginning each Project shall be reported to the FA within sixty (60) days and
may include, but is not limited to, project time line, written and/or electronic communications,
development and issue of solicitation announcements, contracting documents, purchase orders,
and/or similar compliance documents acceptable to the FA.
h. Subgrantee understands and warrants that funds received under this MOA shall supplement, but not
supplant or replace state or local funds or other resources that otherwise, in the absence of such
funds, would have been made available for the Project(s) to be executed under this MOA, and that
if such other funds or resources would otherwise have been made available, Subgrantee may be
required to repay funds received.
2. Project Performance
a. Subgrantee shall comply with all federal statutes, regulations and guidance applicable to
administration of a PSGP Subaward, including but not limited to
With regard to administrative requirements:
o For state, local, and tribal governments: 44 CFR Part 13 (OMB Circular A -102)
o For all other Subgrantees: 2 CFR Part 215 (OMB Circular A -110)
With regard to cost principles:
o For state, local, and tribal governments: 2 CFR Part 225 (OMB Circular A-87)
o For colleges and universities: 2 CFR Part 220 (OMB Circular A -21)
o For not for profits: 2 CFR Part 230 (OMB Circular A -122)
o For for profits: 48 CFR Part 31 (FAR 312)
With regard to audit requirements:
o For all Subgrantees: OMB Circular A -133, which requires an annual organization -wide or
program audit if Subgrantee expends $500,000 or more of federal funds during its fiscal
year, unless a lower threshold is established by any applicable rule, regulation or standard.
PSGP FY 09 Guidance
The FA will provide technical assistance where possible, but Subgrantee shall be responsible for
familiarity and compliance with relevant federal statutes, regulations, and PSGP guidance.
Subgrantee shall also assure that where applicable, all recipients of grant funds also comply.
Subgrantee's obligation to comply with these statutes, regulations, and guidance exist separate and
apart from this MOA and shall survive expiration or earlier termination of the MOA.
b. Subgrantee shall be additionally guided and governed by, and shall strictly adhere to, the
requirements in "Marine Exchange of Puget Sound PSGP Procurement and Purchasing Policies
and Procedures" which is hereby incorporated by reference and made a non severable part of this
Agreement. Marine Exchange shall make changes in that document when required in order for
Subgrantee to comply with federal laws, regulations, or policy, and shall inform Subgrantee by
electronic or other written means within five (5) business days of such changes.
g.
MOA Page 3 of 16
c. The FA and Subgrantee agree to abide by all Special Conditions of the Cooperative Agreement in
Appendix A. Subgrantee shall also comply with the ,following requirement specified by FEMA as
a condition of Subaward approval: NA
d. Subgrantee agrees to use all reasonable means to complete the Project(s) by March 31, 2012. If all
reasonable means have been used and the Project(s) cannot be completed by that date, the FA will
attempt to obtain one or more project performance period extensions from FEMA, but in no case
will extensions for project completion, including filing of final reports, be granted beyond June 30,
2014.
e. The FA is the primary contact with FEMA regarding projects under this MOA. If Subgrantee has
any questions, problems, or issues regarding projects,'Subgrantee should make every possible
attempt to resolve them with the FA rather than contacting FEMA. The FA will, in any event, be
involved in any resolution handled in coordination with FEMA.
f. Subgrantee must get FA approval for any major project changes, including but not limited to project
intent or scope, including location or capability of equipment, equipment or services not included in
the original IJ and budget, any other budget changes, and grant performance period. Subgrantee
shall notify the FA electronically or by other written means of any such proposed major changes.
The FA will submit the proposed changes to FEMA if necessary, and upon approval, the FA will
incorporate the changes into a revised Appendix B. Subgrantee shall not enter into any contract
and/or purchase agreement for the amended scope or budget until the FA provides notice by
electronic or other written means that the change is approved.
g. Subgrantee shall not enter into contracts and/or purchase agreements for execution of the Project(s)
for any items and services except those that are listed, specifically or as part of a group of items or
services, in the approved budget for that Project in Appendix B, as revised in accordance with
paragraph 2.f. of this MOA.
h. All contracts for execution of any Project shall provide that Subgrantee, or the designated
coordinator if Subgrantee is a consortium, shall retain ultimate control and responsibility for the
proper execution of the Project and that contract and purchasing requirements as detailed herein,
including those in Appendix A, will also apply and bind any contractor, consultant or vendor when
so required by federal statute and regulations.
i. In any case in which Subgrantee enters into a contract with third parties, the FA is not a party to
such a contract and shall not be obligated or liable for any breach of contract or other action at law
or in equity to any party other than Subgrantee.
j. 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 U(s). Title to and disposal of property shall be handled in accordance
with OMB Circulars A -102 and A -110.
3. Monitoring and Reporting
a. Throughout the Project(s), Subgrantee agrees to facilitate the FA's monitoring responsibilities by
providing reasonable response to requests from the FA, including but not limited to the following:
Designation of a Project Manager with daily, hands -on involvement in the Project(s), who shall
respond to routine inquiries about the Project(s). Initial Project Manager is:
Name: Kerr Phone: 360 41l Lib 53
MOA Page 4 of 16
Email: KZ LAM. e C rt`( oP PP OS
MOA Page 5 of 16
Designation of a specific financial person who is involved in or supervises invoicing and
processing of reimbursements, and who shall respond to requests to monitor financial policies,
processes, and records. Initial financial contact is:
Name: F/ ila F..l
F 1 Phone:
3A9 7- `./6�0
Email: -Pi nQ /j CP !,l J c T"" 2O O
Provision of prompt notice to the FA, by electronic or other written means from the Project
Manager or Subgrantee's signator to this MOA, if these personnel change
Ensuring that reasonable access to required information about the Project(s) is granted to the FA
and, when requested, to FEMA.
Periodically allowing the FA to make an on -site physical inspection of the Project(s).
Notifying the FA when key milestones have been reached in the Project(s).
b. Subgrantee shall submit programmatic and financial reports on the Project(s) at such times and in
such format as the FA prescribes. These reports shall include but not be limited to quarterly
financial reports submitted not later than the 15th day of January, April, July and October; semi-
annual progress reports by the 15th of January and July each year; and final reports required by
FEMA to close out the Project(s). The final reports must be filed with the FA within thirty (30)
days after completion of each Project, and in no event later than June 30, 2014. The FA will not
paythe 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 supercedes or waives PSGP
provisions regarding allowable costs.
d. In no event shall the FA be obligated to reimburse Subgrantee for any Project related expenditures
in amounts not expressly included in the approved budget for that Project in Appendix B, as
revised in accordance with paragraph 2.f. of this MOA.
e. The FA may suspend payments to Subgrantee if Subgrantee fails to comply with:
The terms and conditions of the Subaward, including the intent stated in Subgrantee's 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 FY09 Guidance or any federal, state, or local law related to a Project;
Upon such finding, the FA shall notify the Subgrantee in writing to correct any deficiencies found.
If said deficiencies are not corrected within fifteen (15) business days, after consultation with
FEMA, the Fiduciary Agent may suspend or cancel this MOA and the Subaward upon furnishing
electronic or other written notice of such action to Subgrantee.
f. Subgrantee understands and acknowledges that any of the compliance failures cited in Section 4.e.
may result in a requirement by FEMA that funding already received must be repaid.
Subgrantee understands and acknowledges that the FA is a pass-through agent for FEMA funds,
and that if any funds are required to be repaid to the federal government because of findings of an
audit by a federal authority or for any other reason, the FA shall not be liable for such repayment.
5. Other Provisions
a. This MOA shall be binding on all parties thereto.
b. If Subgrantee is a consortium,, the coordinator or facilitator identified in accordance with paragraph
1.e. of this MOA shall be responsible for compliance by all members of the consortium with the
provisions of this MOA and associated applicable statutes, regulations, and other requirements.
c. Subgrantee shall not assign or transfer any interest in this MOA or the Subaward without prior
written consent of the FA and FEMA. This specifically includes any assignment and/or transfer
occurring as a matter of law or of Subgrantee ownership transfer.
d. The failure of the FA to insist upon strict performance ofany provision of this agreement or to
exercise any right based upon a breach thereof, or the acceptance of any performance during such a
breach, shall not constitute a waiver of any rights assigned to the FA under this MOA.
e. The FA encourages Subgrantee to obtain and maintain, for the duration of this MOA, the following
insurance, with the FA named as an additional insured:
Commercial General Liability insurance on ISO Form CG 00 01 10 01 (or equivalent)
Professional Liability Insurance (Errors and Omissions)
Employer's Crime Insurance (Fidelity Bond)
If Subgrantee does not obtain and maintain the described insurance, Subgrantee shall indemnify,
defend, and hold harmless the FA and its officers, directors, employees, contractors, and agents,
from and against all liability, loss, cost or expense (including attomey's fees) by reason of liability
imposed upon the FA that would have been covered by said insurance if Subgrantee had obtained
and maintained it.
g.
g.
f. Subgrantee shall indemnify, defend and hold harmless the FA, arising out of or related to
Subgrantee's performance under this MOA and/or the Subgrantee's conduct of the Project(s),
whether caused by or contributed to by the FA or any other party indemnified herein, including but
not limited to any breach, misfeasance, malfeasance, negligent or intentional acts of Subgrantee, its
officers, agents, or employees or its contractors or subcontractors or their officers, agents, or
employees, unless such a loss is caused solely by the misfeasance, malfeasance, or negligence of
the FA, its officers, directors, employees or agents. Such indemnity shall survive the expiration or
earlier termination of this MOA.
Notices shall be delivered to the addresses or e-mails shown in the signature blocks of this MOA
unless one or both of the parties provide change of such contact information by electronic or other
written means.
MOA Page 6 of 16
h. If a dispute arises out of or relates to this MOA, or a breach thereof, and if the dispute cannot be
settled through negotiation, the parties agree first to try in good faith to resolve the dispute by
mediation before resorting to arbitration, litigation or other adversarial dispute resolution process.
The mediation and any subsequent dispute resolution process, including litigation, are to be
conducted in the English language in the city of Seattle, Washington.
i. This MOA, along with the Appendices and other materials referred to in the MOA, constitute the
entire agreement between the FA and the Subgrantee as to the Subaward and the Project(s). Any
and all prior writings between those parties pertaining to those subjects shall have no legally
binding effect, and except as otherwise expressly provided in the MOA or the documents to which
it refers, neither shall any contemporaneous or subsequent changes to the Parties' agreement on
these topics unless made in writing and signed by both Parties.
This MOA shall take effect on the date of signing by both parties and shall remain in effect for the duration
of the Award period, ending September 30, 2014, unless terminated earlier as provided herein.
MARINE EXCHANGE OF PUG ET SOUND
100 West Harrison, Suite S -560, Seattle WA 98119
E -mail: psap ®marineexchangesea.com
Dated: 1220 Sett Sign
John
CITY OF PORT ANGELES
P.O. Box 1150
Port Angeles, WA 98362
E -mail:
Dated: Z —2_0 2-0 (f
MOA Page 7 of 16
vs
tjer, Executive Directo
Signed:
Print Name
Title
Appendix A Cooperative Agreement Between the Federal Emergency Management Agency and Marine
Exchange of Puget Sound for management and administration of PSGP grant award 2009
PU-T9-K044
Appendix B Investment Justification and Budget for PSGP grant award 2009- PU- T9 -K044 -Fire
Equipment and Training Project
MOA Page 8of16
APPENDICES TO
PSGP FY09 MEMORANDUM OF AGREEMENT (MOA)
Between
MARINE EXCHANGE OF PUGET SOUND
And
CITY OF PORT ANGELES
Department of Homeland Security FEMA
Grant Programs Directorate
0 PAGE
a
G 044
Cooperative Agreement
I OF 3
L RECIPIENT NAME AND ADDRESS (Including Zip Code)
Northwest Maritime Advisory Services (DBA Marine Exchange)
100 W Hamsm St, Suite S -560
SeaWe, WA 98199
4 AWARD NUMBER 2009- PU- 19 -K044
5. PROJECT PERIOD: FROM 06/012009 TO 05/31/2012
BUDGET PERIOD: FROM 06/01/2009 TO 05/31/2612
6. AWARD DATE 08/072009
7. ACTION
Initial
lA GRANTEE IRS/VENDOR NO.
VG0003394
8. SUPPLEMENT NUMBER
00
9. PREVIOUS AWARD AMOUNT 5 0
3. PROJECT TITLE
FY 2009 Port Security Grant Program
10. AMOUNT OF THIS AWARD S 26.888,749
11. TOTAL AWARD S 26,888.749
12. SPECIAL CONDITIONS
THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH
ON THE ATTACHED PAGE(S).
13. STATUTORY AUTHORITY FOR GRANT
This project is supported under Consolidated Security. Disaster Assistance; and Continuing Appropr 'nation Act, 2009. P.L. No. 110-329
15. METHOD OF PAYMENT
PARS
AGENCY APPROVAL
16. TYPED NAME AND TITLE OF APPROVING DHS OFFICIAL
W. Ross Ashley, III
Assistant Administrator, Gram Programs Directorate
Stl:7-t:rt2*Ta!NyYV ;:4111
18. TYPED NAME AND TITLE OF AUTHORED GRANTEE OFFICIAL
John E Wenger
Executive Director
17. SIGNATURE OF APPROVING DHS OFFICIAL
07 i d
19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL
19A. DATE
\Cd l Si \L1
20. ACCOUNTING CLASSIFICATION CODES 21. PU09V40110
FISCAL FUND BUD. DN.
YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT
9 T PU 10 00 00 26888749
OJP FORM 40002 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE.
OUP FORM 40002 (REV. 4.88)
MOA Page 9 of 16
PROJECT NUMBER 2009- PU- T9 -K044
1. The grantee and any subgrantee shall comply with the most recent version of the Administrative Requirements, Cost
Principles, and Audit Requirements. A non exclusive list of regulations commonly applicable to DHS grants are listed
below:
B. Cost Principles
2. Recipient understands and agrees that it cannot
enactment, repeal, modification or adoption of
express prior written approval of FEMA.
3. The recipient agrees that all allocations and use of funds under this grant will be in accordance with the FY 2009 Port
Security Grant Program guidance and application kit.
4. The Department of Homeland Security (DHS) has elected to enter into cooperative agreements with FY 2009 Port
Security Grant Program (PSGP) funding recipients for projects taking place within port areas identified as Group I or
Group II ports within the FY 2009 PSGP Guidance and Application Kit. The nature of the Federal involvement in the
execution of this program may include joint conduct of a Group I or Group II project Other examples of prospective
substantial Federal involvement include the following:
Collaboration, participation, and/or intervention in any Group 1 or Group II activity covered by the cooperative
agreement;
Approval from DHS prior to the selection of a
of an approved Group I or Group II project
Authority for DHS to halt a Group I or Group I1 activity if detailed performance specifications are not met
Authority for DHS to direct or redirect the scope of work of a Group I or Group 11 project based on new
circumstances, and,
Authority for DHS to require Group 1 or Group II award recipients (including Sub recipients) to participate in a port
wide risk management planning project.
OR FORM 4000/2 (REV. 4-88)
Department of Homeland Security
FEMA
Grant Programs Directorate
A. Administrative Requirements
SPECIAL
1. 44 CFR Part 13, Uniform Administrative
Local Governments
2. 2 CFR Part 215, Uniform Administrative:
Education, Hospitals, and Other Non -Profit Or
1. 2 CFR Part 225, Cost Principles for State,
AWARD CONTINUATION
SHEET
Cooperative Agreement
AWARD DATE 08/072009
CONDITIONS
PAGE 2 OF 3
Requirements for Grants and Cooperative Agreements to State and
Requirements for Grants and 'Agreements with Institutions of Higher
izations (OMB Circular A -110)
Local and Indian Tribal Governments (OMB Circular A -87)
use any federal funds, either directly or indirectly, in support of the
any law, regulation or policy, at any level of government, without the
new Group I or Group II project or commencement of the next phase
2. 2 CFR Part 220, Cost Principles for Educational Institutions (OMB Circular A -21)
3. 2 CFR Part 230, Cost Principles for Non -Profit Organizations (OMB Circular A -122)
4. Federal Acquisition Regulations (FAR), Part 31.2 Contract Cost Principles and Procedures, Contracts with
Commercial Organizations
C. Audit Requirements
MOA Page 10 of 16
1. OMB Circular A -133, Audits of States, Local Governments, and Non -Profit Organizations
Department of Homeland Security
FEMA
Grant Programs Directorate
AWARD CONTINUATION
SHEET
Cooperative Agreement
PAGE 3 OF 3
PROJECT NUMBER 21109 -PtJ T9 -K044 AWARD DATE 08/07/2009
SPECIAL CONDITIONS
5. The grantee is prohibited from obligating, expending or drawing down funds provided through this award until a
Budget Review is completed and approved by the Grants Management Division (GMD) and an official notice has been
issued removing this special condition.
6. The grantee is prohibited from obligating, expending or drawing down funds provided through this award until all
applicable programmatic documents are provided to and approved by the program office and an official notice has been
issued removing this special condition.
7. The grantee is prohibited from obligating, expending or drawing down funds provided through this award until all
applicable programmatic documents ire 'Provided for and approved by a DHS/FEMA Environmental and Historic
Preservation review and an official notice ties been issued removing this special condition.
8. Radiological detection equipment must be compliant with applicable national guidelines adopted by the U.S.
Department of Homeland Security, including ANSI N323B =2003, ANSI N42.32 -2003, ANSI N42.33 -2003, and
ANSI N42.35 -2004.
OW FORM 4000/2 (REV. 4-88)
MOA Page 11of1
Memorandum To: Official Grant File
Subject:
MOA Page 12 of 16
Department of Homeland Security, FEMA
Grant Programs Directorate
From: Jeffrey Hall, GPD NEPA Liaison
Washington, D.C. 20531
Incorporates NEPA Compliance in Further Developmental Stages for Northwest
Maritime Advisory Services. (DBA Marine Exchange)
The recipient shall comply with all applicable Federal, State, and local environmental and historic
preservation (EHP) requirements and shall provide any information requested by FEMA to ensure
compliance with applicable laws including: National Environmental Policy Act, National Historic
Preservation Act, Endangered Species Act, and Executive Orders on Floodplains (11988), Wetlands
(11990) and Environmental Justice (12898). Failure of the recipient to meet Federal, State, and local EHP
requirements and obtain applicable permits may jeopardize Federal funding. Recipient shall not
undertake any project having the potential to impact EHP resources without the prior approval of FEMA,
including but not limited to communications towers, physical security enhancements, new construction,
and modifications to buildings that are 50 years old or greater. Recipient must comply with all conditions
placed on the project as the result of the EHP review. Any change to the approved project scope of work
will require re- evaluation for compliance with these EHP requirements. If ground disturbing activities
occur during project implementation, the recipient must ensure monitoring of ground disturbance and if
any potential archeological resources are discovered, the recipient will immediately cease construction in
that area and notify FEMA and the appropriate State Historic Preservation Office. Any construction
activities that have been initiated prior to the full environmental and historic preservation review will
result in a non compliance finding.
1. Background
MOA Page 13 of 16
FY09 PSGP Investment Justification Template Puget Sound
Investment Heading
'Port Area
State
�"Atppficaiit_ zafioli
*vestment ent Nan*
L
Port An eles
Washin ton
Clallam Count Sheriffs Office on Behalf of Port An eles Fire De artment
Fire Equipment and Training
$84,228
I. Provide an overview of the port system in which this Investment will take place Max. 1 page
Area of Operations:
o COTP Zone Puget Sound
o Eligible Port area: Port Angeles
o Project Site is at the Port of Port Angeles
o Port of Port Angeles
Point(s) of contact for organization (include contact information):
Authorizing Official: Howard V. Doherty, Jr., Chair Clallam County Board of Commissioners
223 E. 4th Street, Port Angeles, WA 98362
360 -417 -2233
mdohertv
Project Manager: Patti Morris and POC for the Project
223 E. 4th Street, Suite 12
Port Angeles, WA 98362
360 -461 -9008
pmorris aAwavecable.com
Ownership or Operation: This IJ is a consortium request for the Port of Port Angeles, Port Angeles Fire
Department, Port Angeles Police Department, Fire Districts #2 and #3, and Clallam County Sheriffs Office, City
of Port Angeles, Port of Port Angeles, Port Angeles Fire Department, Port Angeles Police Department, Clallam
County Fire District #2 and #3, all of which are agencies that would respond to the Port of Port Angeles in the
event of an incident. Port Angeles has the direct responsibility to respond to fire incidents at the Port of Port
Angeles. The Clallam County Sheriffs Office has the resources to manage this grant.
Role in providing layered protection of regulated entities: Clallam County Sheriffs office and Port Angeles
Police Dept. are the local agencies responsible for homeland security functions in Clallam County In the event
of an incident, they would be first on the scene, along with Port Angeles Fire Department. Clallam County Fire
District #2 and Clallam County Fire District #3 would provide mutual aid in the event of a large incident at or
near the Port of Port Angeles. These local agencies often provide mutual aid to state and federal agencies and
the Coho Blackball Ferry.
Important features:
PRMP Section 6.5.1 States: "Port Angeles has several sources of strategic risk to the passenger
transportation strategic function with the highest level coming from a vessel being used as a
weapon, followed by an attack by a terrorist assault team and by vessel or vehicle -borne IEDs. The
following facilities have been identified as primary contributors to the strategic risk and are listed in
order of level of risk, highest to lowest: COHO Ferry Terminal, COHO Ferry Vessels"
PRMP states that the facility determined to be the highest risk facility in the Puget Sound region -area,
based on information provided by MSRAM (the Maritime Safety Risk Assessment Model) is the COHO
Black Ball Ferry Terminal.
Regulated facilities in the AOR or the Port Angeles Fire Department and Clallam County Sheriffs Office
AOR include Port of Port Angeles, Coho Ferry Terminal, Blackball Ferry Vessel, and the Victona
Express Passenger Ferry.
The Port Angeles area is the gateway to Puget Sound. There is an average of 30,000 commercial
vessel trips through the Strait each year. All commercial vessels have to pick up a marine pilot, from
Puget Sound Inland Pilots Assn at Port Angeles to continue their voyage east into Puget Sound. Any
of these vessels could be a possible terrorist target, or be used to transport terrorist or materials for
attacks on U.S.citizens, or critical facilities located in the Port Angeles area.
All of the consortium members are NIMS compliant and provide reporting to Washington State EMD on
that status in order to be eligible for grants.
Other sources of funding being leveraged for security enhancements: Clallam County Sheriffs Office
continually seeks out all available funding sources to support our Marine Unit. Currently the unit does not
receive any grant funds to operate. We received a DHS (FEMA) interoperability grant in 2003 for $5.8
million, a DHS /NTIA interoperability grant in 2007 for $7.8 million, and grants for a vessel, training, and
exercise in PSGP FY10.
II. Strategic and Program Priorities
II.A. Provide a brief abstract of the Investment Max. 1 page
Fire Response Equipment and Training. The following equipment and training are requested for use in fighting
ship fires at the Port of Port Angeles:
1. Two Blitzfire XXCV -32 portable monitors with MaxForce nozzles.
2. Thirteen new generation attack nozzles.
3. Pre positioning of 300 gallons foam concentrate
4. Three used shipping containers with foam and eductors
5. Forty Stat -X Fire Responder handheld units with pull actuators.
6. Five Mobile Data Terminals for five fire vehicles.
7. A five day, 45 hour intensive shipboard firefighting class (FEMA approved) for five people, including
lodging and meals.
AEL #s
19MH -00 -CONT (Shipping containers)
04HW -01 -MOBL (Mobile data terminals and accessories)
Could not locate AEL #s for firefighting monitors or nozzles, foam, foam educators or foam nozzles, fire hose, or
firefighting handheld pull- actuator units
II.B. Describe how the Investment will i ddress one or more of the PSGP priorities and how it
corresponds with the PRMP Max. 1 page
PSGP priorities:
Enhance IED /CBRNE Prevention, Protection, Response Recovery and Port Wide Collaboration: This
investment will continue to enhance local capability to respond to terrorist attacks employing IEDs, CBRNE, and
other non conventional weapons.
Enhance Maritime Domain Awareness: The interoperable Mobile Data Terminals will allow the Port Angeles
Fire Department to maintain contact with other agencies while working in the field, thereby keeping the other
agencies informed as to evolving situations on the Port Angeles waterfront.
PRMP Priorities: This investment is in keeping with the overall PRMP priority of effectively responding to
terrorist and other human caused incidents in the maritime environment The PRMP points out that some of the
highest risk targets in Puget Sound are in the Port Angeles area, specifically the COHO Black Ball
FerryTerminal. The Mobile Data Terminals support collaborative interagency efforts in support of responses at
the waterfront.
This investment supports the response procedures set forth in the AMSP
III. Impact
III.A. Describe how the project offers the highest risk reduction potential at the least cost Max 1/2 age
The Port Angeles Fire Department needs the capability to aggressively fight fires within the tight confines of the
port environment in a more effective manner than is possible with its existing earlier generation equipment The
busy, congested nature of the port area dictates the need for a potent, compact firefighting system that can be
deployed quickly with a minimum of manpower. Currently we are only able to pre position very limited amounts
of foam at the port, and this is a risk to the security of the port and vessels. The information below is numbered
to correspond with the equipment list in Section II.A
1 -2. With a portable monitor, a single firefighter would be able to deploy a stand -alone device that is capable of
delivering 2 -3 times the volume of water that we can currently deliver in less time. Attack nozzles deliver
higher volumes of water than the nozzles that we currently use These new nozzles would allow us to deliver
MOA Page 14 of 16
more water with fewer personnel providing us with a significant advantage when fighting a potentially large fire
in the marine environment
3-4: Currently getting a supply of foam to the Port of Tacoma when needed for a major fire would be time
consuming, possibly allowing a dangerous fire to get out of control Prepositioning a significant amount of foam
at the Port in shipping containers would address that issue at a modest cost.
5: Hand -held fire suppression systems such as the Stat -X First Responder are designed to be tossed into
closed areas with active fires to provide immediate fire suppression. They buy time for hose set -up, stops
flashover, and can provide an emergency egress route through a wall of flames. Used by police first on the
scene, such a device can slow a fire long enough to allow fire departments to arrive. We would equip every
police and fire vehicle with the devices.
6: As identified in a recent "Operation Alligator" exercise, the Port Angeles Fire Department has very poor
interoperable communications capability. All agencies that provide response to the port are installing Mobile
Data Terminals (MDTs) for the purpose of interoperable communications. Providing MDTs for Port Angeles fire
vehicles would go a long way toward closing the identified gap in that area.
7: The Port Angeles Fire Department is not adequately trained to respond the Petroleum tanker fire, cruise
ships fires, ferry fires, and other large vessels in the Port of Port Angeles. Funding to train five firefighters in
marine firefighting techniques is very important to the department's ability to respond effectively to fires on
vessels in the port. (Applicant will provide information on DHS- approved course prior to submssion to FEMA.)
III.B. Describe current capabilities similar to this Investment Max. 1 /2 page
There is no fire responder in the Port Angeles area with the requested equipment
IV. Funding Implementation Plan
V.A. Funding Plan
Maritime= D
IE�pr WMD Pre ention' Protec�tld»
i•Response,::an, d Ree= ov'ery- C�apabil ties-
Training
Exercises
TINIC Implernen,ation
FY 2009 PSGP
Request Total
82,174
2,054
84,228
Match
(Cash or In -Kind)
27,391
685
28,076
Grand Total
109,565
2,739
112,304
IV.B. Provide a high -level timeline, milestones and dates, for the implementation of this Investment such
as stakeholder engagement, planning, major acquisitions or purchases, training, exercises, and
process /policy updates. Up to 10 milestones may be provided. Max. 1 page
Upon award, will procure equipment and schedule the training class within the 1 12 months of grant.
All work will be completed by March 1st, 2012
We will prepare and execute an exercise utilizing all equipment obtained with the grant, funded by
consortium agencies prior to March 1, 2012.
Pro'ect Close Out March 15, 2012.
MOA Page 15 of 16
Budget Category
Total
Project
Cost
Federal
Funding
Request
Match
Amount
Total
M &A
A. Personnel
2,054
685
2,739
B Fringe Benefits
C Travel
7,995
5,996
1,999
D Equipment
96,368
72,276
24,092
E Supplies
5,203
3,902
1,301
F Consultants /Contractors
G Other
H. Indirect
FY09 BUDGET DETAIL WORKSHEET CLALLAM COUNTY FIRE EQUIPMENT TRAINING
Entered by Applicant
2,739
4,000
1,000
2,000
7,000
4,800
2,739
3,875
3,500
8,000
13,000
6,000
900
26,000
35,000
4,800
Patti Morris Pro ect M r Grant Coord
ersonnel °Totals
D5 Stat/X Fire Responder handheld units
D6 Mobile Data Terminals
Foam Concentrate 300 gallons
672
1,092
504
76
2,184
2,940
3,794
8,672
14,092
6,504
976
28,184
37,940
gNinfial
5,203
2,054 685 2,739
3,150 1,050
2,846 949
559967 1',!399
6,504 2,168
10,569 3,523
4,878 1,626
732 244
21,138 7,046
28,455 9,485
72 276 24 092
3,902
3,9U2
1,301
8,2 In3M1
Total
M &A
Line
Item
B1
B2
D1
D2
D3
D4
El
Budget Category Item
P FnngeBenefits u
Shipboard Firefighting Training
Meals Lodging
irauelTotalsJ
Blitzfire XXCV -32 portable monitors
New Generation Attack Nozzles
Used Shipping Containers
Foam educators
ral
uu p es
4csi CruggigoM
Amount to go in "Investment Heading" on IJ
BUDGET SUMMARY
MOA Page 16 of 16
Est.
Cost
Each
Est. Cost
Sales
Tax
Calculated
Total
Project
Cost
Federal
Funding
Request
84,228
Match
Amount