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HomeMy WebLinkAbout000498 Original ContractMEMORANDUM OF UNDERSTANDING BETWEEN CITY OF PORT ANGELES FIRE DEPARTMENT AND CLALLAM COUNTY FIRE PROTECTION DISTRICT No. 3 City of Port Angeles Record #000498 1) PURPOSE: The purpose of this Memorandum of Understanding (MOU) between CLALLAM COUNTY FIRE PROTECTION DISTRICT NO. 3, Washington hereinafter referred to as (District 3) and City of Port Angeles Fire Department hereinafter referred to as Agency. District 3 and Agency, hereinafter referred to as the "parties joined together to submit a Port Security Grant. The parties were successful in being awarded the Port Security Grant and District 3 has agreed to serve as the Lead Agency to administer the Grant funds on behalf of Agency. 2) AUTHORITY: District 3 and the Agency are entering into this MOU under the authority provided by Chapter 39.34 RCW and the PSGP FY089 MEMORANDUM OF AGREEMENT between Marine Exchanges of Puget Sound and Clallam County Fire Protection District No. 3 "MOA" which is attached hereto as Exhibit A and incorporated herein by this reference. 3) SCOPE: This MOU sets forth the agreed upon procedures for management, accountability, direction, reporting and execution of the process, hereinafter referred to as the Port Security project as it relates to Grant 2009- PU- T9- K044 -43, Mobile Data Terminals as set forth in Exhibit A. 4) FUNDING: The parties to the MOU agree to the following funding arrangements: a) District 3, using Port Security federal grant funding, will: i) Use the Grant funds identified in the MOA to purchase the Equipment identified in Exhibit A. ii) Invoice the Agency for its 25% matching fund contribution and its proportionate share of the grant maintenance and administration costs. iii) On payment in full of the invoiced amounts by Agency, transfer the purchased Equipment to the Agency. iv) Comply with all terms, conditions, and requirements stated in the MOA. b) The Agency will: i) Remit payment of the invoiced amounts to District 3 within 30 days of receipt of an invoice from District 3. ii) Sign a receipt, substantially in the form attached as Exhibit C, documenting receipt of the Equipment. iii) Comply with all terms, conditions, and requirements stated in the MOA. 1 5) SETTLEMENT OF DISPUTES: Disagreements between the parties arising under or relating to this MOU will be resolved only by consultation between the parties and will not be referred to a court, or to any other person for settlement. 6) SECURITY: It is the intent of the parties that the Port Security project carried out under this MOU will be conducted at the unclassified level. No classified information will be provided or generated under this MOU. It is considered "Law Enforcement Sensitive." 7) AMENDMENT, TERMINATION, ENTRY INTO FORCE AND DURATION: a) All activities of the parties under this MOU will be carried out in accordance with the MOA, the Port Security Project Description and this MOU. b) Except as otherwise provided, this MOU may be amended by the mutual written consent of the parties authorized representatives. c) This MOU may be terminated by either party with advance notice of one hundred eighty (180) days, or at any time upon the mutual written consent of the parties. In the event both parties consent to terminate this MOU, the parties will consult prior to the date of termination to ensure termination on the most economical and equitable terms. 8) PERIOD OF PERFORMANCE: Subject to its other provisions, the period of performance of this MOU shall commence on the date signed and shall continue until the Equipment has been purchased and delivered consistent with Paragraph 4. 9) DISTRICT 3 STAFF: District 3 staff providing services under the terns of this MOU shall be under the direct command and control of the District 3 and shall perform the duties required by this MOU in a manner consistent with District 3 policies and regulations, applicable federal, state, and local laws, and the Constitutions of the State of Washington and the United States. The assignment of personnel to accomplish the purpose of this MOU shall be at the discretion of District 3. 10) EQUIPMENT: All Equipment purchased or furnished by District 3 for use by the Agency in accordance with this MOU shall be the property of the Agency and the Agency shall bear the risk of loss and shall be solely responsible for insuring such property upon receipt of the Equipment by District 3 regardless of whether District 3 or the Agency is in possession of the Equipment. 11) MOU MANAGEMENT: The work described herein shall be performed under the coordination of District 3 or its successors and /or designees. District 3 shall provide assistance and guidance to the other party necessary for the performance of this MOU. 12) INDEMNIFICATION: Each party shall hold harmless, indemnify and defend its officers, officials, employees and agents, from and against any and all claims, actions, suits, liability, loss, expenses, damages, and judgment of any nature whatsoever, including, but not limited to, costs and attorney's fees in defense there, for injury, sickness, disability or death to 2 persons or damage to property or business, caused by or arising out of the performance of this MOU. 13) MAINTENANCE: The Party that owns the Equipment purchased shall be responsible for the maintenance of any and all equipment or systems installed under this MOU. 14) COMPLETE AGREEMENT: This MOU contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this MOU shall be deemed to exist or to bind any of the parties hereto. The foregoing represents the understandings reached between District 3 and the Agency on the matters referred to therein. IN WITNESS WHEREOF, the parties have executed this MOU. CLALLAM COUNTY FIRE CITY OF PORT ANGELES FIRE PROTECTION DISTRICT NO. 3 By: v Print Name: Its Ns DATE: k I 2- By: DEPARTMENT 0 Print Name:_ (it,E,o,i ;bur Its Ac_t ,,.,r, Pta.AL DATE: ve. 22 20 1.2 3 ATTEST: APP OVED AS TO FORM: EXHIBIT A PSGP FY089 MEMORANDUM OF AGREEMENT PSGP FY09 MEMORANDUM OF AGREEMENT (MOA) Between MARINE EXCHANGE OF PUGET SOUND And CLALLAM COUNTY FIRE PROTECTION DISTRICT #3 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 Clallam County Fire Protection District #3 "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) (IJ(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, andother such matters; and Monitor Subgrantee's progress in carrying out work on the Project(s) identified below in a timely fashion in order to complete them within the FY09 grant period; and WHEREAS, Subgrantee has requested and been granted an allocation of funds from grant award 2009 -PU- T9-K044 "the Subaward for the following Project(s): 2009- PU- T9- K044 -39, HAZMAT Response Equipment 2009- PU- T9- K044 -43, Mobile Data Terminals 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 purpose of this MOA is to establish the conditions and circumstances under which the FA will manage and administer the Subaward and will disburse funds to Subgrantee for approved costs incurred in carrying out the Project(s) identified above; THEREFORE, the parties agree as follows: 1. Pre Proiect and Proiect Initiation Activities a. With regard to each Project, when FEMA notifies the FA that all conditions imposed by FEMA for the Project have been satisfied, and after this MOA has been signed by both parties, the FA shall notify Subgrantee that its Subaward for that Project is formally effective. Such notification shall be made by electronic or other written means; and the date of that electronic or other written notice shall constitute the effective date of the Subaward. b. Subgrantee shall comply with all applicable federal, State and local environmental and historic preservation (EHP) requirements and shall provide any information requested by FEMA to ensure compliance with applicable laws. Subgrantee is responsible for identifying and obtaining all other required federal, state, and local permits and /or approvals necessary to complete projects. The responsibility to ascertain and comply with all environmental and permitting requirements lies exclusively with the Subgrantee. 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. Prior to beginning the Project(s), Subgrantee shall provide the following assurances to the FA: SBA Form 1623 Certification Regarding Debarment, Suspension, and Other Responsibility Matters Certification Regarding Drug -Free Workplace Requirements U.S. Dept. of Commerce Form CD -511— Certification Regarding Lobbying Standard Form LLL Disclosure of Lobbying Activities (only if Subgrantee has engaged in lobbying) Standard Form 242B Assurances Non Construction Programs (if project is not a construction project) Standard Form 242D Assurances Construction Programs (if project is a construction project) Accounting System and Financial Capability Questionnaire (if Subgrantee has not had an active Federal grant within the past three years) Subgrantee agrees to be bound by and comply with these assurances throughout the MOA period and to bind its contractors, consultants, and vendors to the same assurances.. c. d. e. If Subgrantee is a consortium, prior to beginning work on the Project(s), it shall provide to the FA an MOA or other document clearly setting out the identity of the consortium's coordinator or facilitator and how the consortium will operate and how distribution and use of the resources provided by the Subaward will be managed. MOA Page 2 of 22 f. If Subgrantee plans to provide an in -kind cost share, it shall provide documentation on all elements of the cost share to the FA prior to beginning the Project(s). Such documentation shall include all information necessary to determine that the cost is an appropriate in -kind cost share under PSGP guidelines, including depreciated value and date of acquisition. g. 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. Proiect Performance a. Subgrantee shall comply with all federal statutes, regulations and guidance applicable to administration of a PSGP Subaward, including but not limited to With regard to administrative requirements: o For state, local, and tribal governments: 44 CFR Part 13 (OMB Circular A -102) o For all other Subgrantees: 2 CFR Part 215 (OMB Circular A -110) With regard to cost principles: o For state, local, and tribal governments: 2 CFR Part 225 (OMB Circular A -87) o For colleges and universities: 2 CFR Part 220 (OMB Circular A -21) o For not for profits: 2 CFR Part 230 (OMB Circular A -122) o For for profits: 48 CFR Part 31 (FAR 31.2) With regard to audit requirements: o For all Subgrantees: OMB Circular A -133, which requires an annual organization -wide or program audit if Subgrantee expends $500,000 or more of federal funds during its fiscal year, unless a lower threshold is established by any applicable rule, regulation or standard. PSGP FY 09 Guidance 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. MOA Page 3 of 22 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. J• 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: For 39, HAZMAT Response Equipment NA; For 43, Mobile Data Terminals only: Mobile data terminals installed on Washington State Patrol vehicles are to stay in Clallam County for the life of the grant period. If WSF vehicles are rotated out of service in Clallam County and other WSF vehicles are rotated into the county, the terminals shall be moved to the new vehicles. 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. 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. 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 disposal of property shall be handled in accordance with OMB Circulars A -102 and A -110. g. 3. Monitorine 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: MOA Page 4of22 MOA Page 5 of 22 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: Phone: Email: 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: Phone: Email: Provision of prompt notice to the FA, by electronic or other written means from the Project Manager or Subgrantee's signator to this MOA, if these personnel change Ensuring that reasonable access to required information about the Project(s) is granted to the FA and, when requested, to FEMA. Periodically allowing the FA to make an on -site physical inspection of the Project(s). Notifying the FA when key milestones have been reached in the Project(s). b. Subgrantee shall submit programmatic and financial reports on the Project(s) at such times and in such format as the FA prescribes. These reports shall include but not be limited to quarterly financial reports submitted not later than the 15th day of January, April, July and October; semi- annual progress reports by the 15th of January and July each year; and final reports required by FEMA to close out the Project(s). The final reports must be filed with the FA within thirty (30) days after completion of each Project, and in no event later than June 30, 2014. The FA will not pay the 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. g. Subgrantee understands and acknowledges that the FA is a pass through agent for FEMA funds, and that if any funds are required to be repaid to the federal government because of findings of an audit by a federal authority or for any other reason, the FA shall not be liable for such repayment. 5. Other Provisions a. This MOA shall be binding on all parties thereto. b. If Subgrantee is a consortium, the coordinator or facilitator identified in accordance with paragraph 1.e. of this MOA shall be responsible for compliance by all members of the consortium with the provisions of this MOA and associated applicable statutes, regulations, and other requirements. c. Subgrantee shall not assign or transfer any interest in this MOA or the Subaward without prior written consent of the FA and FEMA. This specifically includes any assignment and/or transfer occurring as a matter of law or of Subgrantee ownership transfer. d. The failure of the FA to insist upon strict performance of any provision of this agreement or to exercise any right based upon a breach thereof, or the acceptance of any performance during such a breach, shall not constitute a waiver of any rights assigned to the FA under this MOA. e. The FA encourages Subgrantee to obtain and maintain, for the duration of this MOA, the following insurance, with the FA named as an additional insured: Commercial General 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 attorney's fees) by reason of liability imposed upon the FA that would have been covered by said insurance if Subgrantee had obtained and maintained it. MOA Page 6 of 22 E -mail: Dated: 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. 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. g. MARINE EXCHANGE OF PUGET SOUND 100 West Harrison, Suite S -560, Seattle WA 98119 E -mail: asm amarineexchaneesea.com Dated: Signed: John E. Veentjer, Executive Director CLALLAM COUNTY FIRE PROTECTION DISTRICT #3 323 North Fifth Avenue Sequim, WA 98382 MOA Page 7 of 22 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 -39, HAZMAT Response Equipment Project MOA Page 8 of 22 APPENDICES TO PSGP FY09 MEMORANDUM OF AGREEMENT (MOA) Between MARINE EXCHANGE OF PUGET SOUND And CLALLAM COUNTY FIRE PROTECTION DISTRICT #3 Investment Justification and Budget for PSGP grant award 2009- PU- T9- K044 -43, Mobile Data Terminals Project Department of Homeland Secunty FEMA Grant Programs Directorate 1 RECIPIENT NAME AND ADDRESS (Including Zip Code) Northwest Maritime Advisory Services (DBA Marine Exchange) 100 W Hamson St, Suite S -560 Seattle, WA 98199 IA GRANTEE IRSNENDOR NO VG0003394 3 PROJECT TITLE FY 2009 Port Secunty Grant Program 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 Secunty, Disaster Assistance, and Continuing Appropnations Act, 2009, P L No 110 -329 15 METHOD OF PAYMENT PARS 4 AWARD NUMBER 5 PROJECT PERIOD FROM 06/01/2009 TO 05/31/2012 I 6 AWARD DATE 08/07/2009 I7 ACTION 8 SUPPLEMENT NUMBER Initial 00 9 PREVIOUS AWARD AMOUNT 0 AGENCY APPROVAL GRANTEE ACCEPTANCE 16 TYPED NAME AND TITLE OF APPROVING DHS OFFICIAL 18 TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL W Ross Ashley, 111 John E Veentjer Executive Director Assistant Administrator, Grant Programs Directorate 17 SIGNATURE OF APPROVING DHS OFFICIAL 19 SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A DATE #7,,,7-0- 9 T PU 10 00 00 26888749 OJP FORM 4000/2 (REV 5 -87) PREVIOUS EDITIONS ARE OBSOLETE OJP FORM 4000/2 (REV 4 -88) MOA Page 9 of 22 AGENCY USE ONLY 20 ACCOUNTING CLASSIFICATION CODES 21 PU09V40110 FISCAL FUND BUD DN YEAR CODE ACT OFC REG SUB POMS AMOUNT Cooperative Agreement 2009- PU- T9 -K044 PAGE 1 OF 3 BUDGET PERIOD FROM 06/01/2009 TO 05/31/2012 10 AMOUNT OF THIS AWARD 26,888,749 11 TOTAL AWARD 26,888,749 OW FORM 4000/2 (REV 4 -88) MOA Page 10 of 22 Department of Homeland Security FEMA Grant Programs Directorate PROJECT NUMBER 2009 PU T9 K044 AWARD DATE 08/07/2009 A Administrative Requirements SPECIAL CONDITIONS AWARD CONTINUATION SHEET PAGE 2 OF 3 Cooperative Agreement 1. The grantee and any subgrantee shall comply with the most recent version of the Administrative Requirements, Cost Pnnciples, and Audit Requirements A non exclusive list of regulations commonly applicable to DHS grants are listed below 1 44 CFR Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments 2. 2 CFR Part 215, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non Profit Organizations (OMB Circular A -110) B. Cost Principles 1. 2 CFR Part 225, Cost Pnnciples for State, Local and Indian Tnbal Governments (OMB Circular A -87) 2. 2 CFR Part 220, Cost Pnnciples 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 Pnnciples and Procedures, Contracts with Commercial Organizations C Audit Requirements I. OMB Circular A -133, Audits of States, Local Governments, and Non Profit Organizations 2. 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 pnor 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 Secunty Grant Program guidance and application kit. 4 The Department of Homeland Secunty (DHS) has elected to enter into cooperative agreements with FY 2009 Port Secunty Grant Program (PSGP) funding recipients for projects taking place within port areas identified as Group 1 or Group II ports within the FY 2009 PSGP Guidance and Application Kit The nature of the Federal involvement in the execution of this program may include joint conduct of a Group I or Group II project. Other examples of prospective substantial Federal involvement include the following. Collaboration, participation, and/or intervention in any Group I or Group II activity covered by the cooperative agreement, Approval from DHS prior to the selection of a new Group I or Group II project or commencement of the next phase of an approved Group I or Group II project, Authonty for DHS to halt a Group I or Group II activity if detailed performance specifications are not met; Authority for DHS to direct or redirect the scope of work of a Group I or Group II project based on new circumstances; and, Authonty for DHS to require Group I or Group II award recipients (including Sub recipients) to participate in a port wide risk management planning project. Department of Homeland Secunty FEMA Grant Programs Directorate PROJECT NUMBER 2009- PU- T9 -K044 AWARD DATE 08/07/2009 SPECIAL CONDITIONS AWARD CONTINUATION SHEET PAGE 3 OF 3 Cooperative Agreement 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 are provided for and approved by a DHS/FEMA Environmental and Historic Preservation review and an official notice has been issued removing this special condition 8. Radiological detection equipment must be compliant with applicable national guidelines adopted by the U.S. Department of Homeland Secunty, including ANSI N323B -2003, ANSI N42.32 -2003, ANSI N42.33 -2003, and ANSI N42.35 -2004 OJP FORM 4000/2 (REV 4 -88) MOA Page 11 of 22 Memorandum To: Official Grant File From: Jeffrey Hall, GPD NEPA Liaison Subject: 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. MOA Page 12 of 22 Department of Homeland Security, FEMA Grant Programs Directorate Washington. D C 20531 Investment Heading P6tt litta Ifivestm I. Background MOA Page 13 of 22 FY09 PSGP Investment Justification Template Puget Sound Port Angeles Washington Clallam County Sheriff's Office on Behalf of Local Consortium HAZMAT Response Equipment $141,522 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 Project Site is at the Fire District 3, Sequim Fire Department, Sequim WA Authorizing Official: Howard V. Doherty, Jr., Chair Clallam County Board of Commissioners 223 E. 4 Street, Port Angeles, WA 98362 360 -417 -2233 mdohertveco.clallam.wa.us Project Manager: Patti Morris and POC for the Project 223 E. 4th Street, Suite 12 Port Angeles, WA 98362 360 -461 -9008 omorriseco.clallam.wa.us Ownership or Operation: This IJ is a consortium request for the 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. These partner agencies are working closely together to identify and address risks and gaps in capabiities and capacities. 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 In particular the Seauim Fire Department (Clallam County Fire District 3) has the greatest HAZMAT expertise of all local agencies and provides HAZMAT services in all incidents where it is reauired. 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 Clallam County Sheriffs Office AOR include Port of Port Angeles, Coho Ferry Terminal, Blackball Ferry Vessel, and the Victoria Express Passenger Ferry The Port Angeles area is the gateway to Puget Sound. There is an average of 30,000 commercial vessel trips through the Strait each year. All commercial vessels have to pick up a marine pilot, from Puget Sound Inland Pilots Assn. at Port Angeles to continue their voyage east into Puget Sound. Any of these vessels could be a possible terrorist target, or be used to transport terrorist or materials for attacks on U.S.citizens, or critical facilities located in the Port Angeles area All of the consortium members are NIMS compliant and provide reporting to Washington State EMD on that status in order to be eligible for grants 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 Haz -Mat Decon Response Equipment, sufficient to supply two identical mass casualty contaminations suites located at near the two primary port areas in Clallam County Sequim and Port Angeles. The equipment could be moved to other locations if needed As the primary user, Fire District 3 (Sequim Fire Department) would manage and provide upkeep of the assets for the benefit of the consortium. The investment would provide Scene Management (Barricades and traffic control through a funnel point), identification (Atmospheric monitors, Weather Monitor, Hazard Identification device), PPE (Suits, donning doffing assistance, Powered Air Purifying Respirators that we are fit tested annually), Decon (Suites, Heaters, Pumps, Risers, Runoff collection, Cleaning Solutions, Brushes, etc.), Casualty Collection (Shelter for injured and wet victims), and Rehab Considerations (Operating in Level B suits makes responders susceptible to heat exertion /exhaustion.) The following equipment is requested: (AEL #s on attached list) 1. Monitoring /Detection Equipment consisting of MSA Solans 4 Gas Detector, Kestrel 4500 w /Bluetooth Yellow, Masimo Rad -57 Oximeter, Smiths Detection LCD 3.3 Chemical Detector. 2 Haz -Mat Personal Protective Ensembles consisting of MSA OptimAirMSA 6 HC PAPR, MSA Responder PAPR Multi -gas HE (P100 Filter and also poison gases and vapors), MSA Clear Command Helmet communication system OR Con -Space Throat Mic, HZ9420 Multi- Threat Suite, Chem Bio Suit Applied Response Solutions. 3. Decontamination Suite /Shelter equipped with Non Ambulatory Transfer Boards, Floor Riser Boards, Lights, 3 -Line Flash Water Heater, (Diesel /Kerosene /JP8), w /Solution injector, 3 -Line, Salamander Hesater, Diesel 100,000 BTU /Hr, 1200 CFM, 540 Watt, Black Ducting, 500 Gallon Waste Water Bladder, Decon Shelter, External Waste Water Basin /Berm, External Basin /Berm, 3 Step Decon, 96" x 96 Shelter, Casualty Management/Treatment/Logistics, Lavatory Shelter, Field setup, Portable, Little Giant Load Platform Truck with /pneumatic tires. 4. Misc Decon Items including contamination reduction supplies, decontamination solution, water supply tool kit, and decontamination corridor control items. 5 Rehab Items for Responders including cooling equipment for use with chemical protective suits, cooling vests, Kore Kooler Rehab Chair Kit, Insta- bench, 3 seat, Crew Boss Rehab Cart Kit for NFPA 1584, 2008 ed. 6. Patient/Contaminated Victim Retrieval Device Skedko Complete Skyhook System, portable stretcher, wheeled, simulation manikins for HM and Medical Treatment 7. On -Scene Patient/Equipment Movement including Polaris Ranger 6'x6', Kimtek MTD -10 Patient Transport Skid Unit for Polaris, Wells Cargo 16' Trailer for Polaris Transport II.B. Describe how the Investment will address 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 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 4.4.4 Stakeholders need training on response protocols. MOA Page 14 of 22 7.4.5.4 The ability to share HAZ -MAT Decon Response Equipment for the Port area will improve the two way information sharing mechanism and enhance the partnership between local, state, federal, and private entities The project 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 Y2 page During a recent exercise (Operation Alligator, capability gaps were identified at the Port of Port Angeles and the adjacent City Pier. The members of this consortium, together with other state and federal agencies, do not have the capability to respond effectively to any HAZMAT incident. Clallam County currently has two three line decontamination suites (TVI Corp.) with only one set of water heater and air heater that is stored in a trailer the Port Angeles Airport and controlled by the Port Angeles Fire Department. Currently there are no respiratory protection devices in the area that are appropriate for HAZMAT decon. We do not have Law Enforcement with adequate PPE or Respiratory Protection to operate in a HOT or WARM zone to enforce compliance through a casualty collection point such as decontamination The resources requested in this IJ would completely address this capability gap, enabling effect response to a HAZMAT incident. III.B. Describe current capabilities similar to this Investment Max. "/2 page None in the northern Olympic Peninsula or anywhere within reasonable travel time for incident response, that we are aware of IV. Funding Implementation Plan IV.A. Investment Funding Plan !ED,�an WMD eventfo t rotecti FY 2009 PSGP Request Total Match Grand Total (Cash or In -Kind) "x" 1841 7W1.qWmornen ation gy p ti 4 "otal 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. U to 10 milestones may be provided. Max. 1 page Upon award, will procure equipment within the 1 12 months of grant. All work will be completed by March 1st, 2012 Haz -Mat Exercise will take place, funded by consortium agencies prior to March 1, 2012. Project Close Out March 15, 2012. MOA Page 15 of 22 $138,071 $3,452 $141,522 $46,023 184,094 $1,151 $47,174 $4,602 $188,696 Category Item AEL# oiitoni etectionr gwipmnL consisting MSA Solaris 4 Gas Detector Kestrel 4500 w/ Bluetooth- Masimo Rad -57 Oximeter- Smiths Detection LCD 3.3 Chemical Detector- f07CS- 01 -KAVC1 Kit. AirNaoor Chemical Sampling f03SR- 03 -KMON1 Kits. Confined Soace Air Monitoring f07SE- 03 -ENVS1 Eauioment. Environmental (Weather) Surveillance. f07ZZ- 00NCBR1 Eawoment. Specialized Hazard Detection. non -CBRNE r09ME- 03 -PDXI1 Oximeter. Pulse f07CD- 01 -DPMG1 Detector. Multi- sensor Meter. Point. Chemical aWPersonai P o amination /Shelter canstst ng of Shelter, non ambulatory transfer boards, Floor Riser Boards, Lights, 3 -Line Flash Water Heater, (Diesel, Kerosene /JP8), w/ Solution injector, 3 -Line Salamander Heater (Diesel, 100,000 BTU /hr, 1200 CFM, 540 Watt), Black Ducting, 500 gallon waste water bladder, Decon Shelter, External Waste Water Basin /Berm, External MOA Page 16 of 22 mblescansisting'o MSA OptimAir, MSA 6HC PAPR, MSA Responder PAPR Multi -gas HE (P100 Filter and also poison gases and vapors)- MSA Clear Command Helmet communications or Con Space Throat Mic- HZ9420 Multi- Threat Suit, Chem Bio Suit Applied Response Solutions- (01AR -02 CBRN1 Air- Punfvina Resoirator (APR. 01AR -03 CBRN Powered Air Punfvina Respirator (PAPR) f06CP- 03 -PRACI Accessories. Portable Radio f01CB- 02 -ENSM1 Ensemble. Terrorism Incident Protective. NFPA 1994 Class 2. f08D2- 01 -HTRB1 Heater. Portable Air Blower 108D2- 01 -HTRW1 Heaters. Water. Transportable 108D2- 01 -LDCD1 Device. Liquid Decontamination Containment (08D2- 01 -LITE1 Liahtina. Decontamination Area f08D2- 01 -TDCS1 Items. Support. Decontamination Corridor f08D2 -01 VWVCD1 Drum. Waste Water Containment Basin/Berm, 3 Step Decon (96" x 96"- Shelter, Casualty Management/Treatment/Logistics (Lavatory Shelter, Field Setup Portable)- Little Giant Load Platform Truck w/ pneumatic tires- Itehis‘cdpsistingtrk Tfcg' MOA Page 17 of 22 Brushes/Barricades/Detergent- Kore Kooler Rehab Chair Kit (Insta-Bench 3-Seat)- Crew Boss Rehab Cart Kit for NFPA 1584 2008ed.- 16' Trailer for Polaris Transport- Rehab iterris for responders corigistingxif: 7, Cooling Equipment for use with chemical protective suits (Cooling Vests)- 7 Polaris Ranger with Kimtek MID-10 Patient Transport Skid Unit for Polans- PatielytXdptarninated Victim RdevaIDe1ce:: Skedco Skyhook System Portable Stretcher/wheeled Simulation Manikins for HM and Medical Treatment- r19SS-00SHEL1Systems. Shelter. Rapid Deployment f19MH-00CART1 Cart. Field [08D2-03-T15ED1 Eauloment. Technical Decontamination Dry r08D2-03-TDEW1 Eauloment. Technical Decontamination Wet or01ZA-06-COOL1 GarmentlVest/Device. t/De C olina FO1ZA-06-COOL1 GarmentNest/Device. Cooling r08D2-01-TDCS1 Items. Support. Decontamination Corridor r01ZA-06-HYDR1 Hydration System. Personal. 101ZA-06-COOL1Garment/Vest/Device. Cooling r12TR-00-TEOP1Trailer. Equipment 108;-01-L1TR1 Device. Victim Extrication 09ME- 05 -GURN1 Gurneys 1 Litters/Stretchers f09TR-01-CSIM1 Er:moment. Trainina/Casualty Simulation f09ME-05-LITRI Litters/Stretchers 112VE-00-MISS1Vehicle. Specialized Mission. CBRNE FY09 BUDGET DETAIL WORKSHEET CLALLAM COUNTY HAZMAT RESPONSE EQUIPMENT Line Item BUDGET SUMMARY MOA Page 18 of 22 Entered by Applicant Budget Category Item Est. Cost Each =A. Person.. et Al 1 Patti Morris Project Mgr &Grant Coord Personnel Totals Equipment:; ti_ r D1 Monitoring /Detection 19,210 1 D2 1 Haz -Mat Personal Protective Ensembles 1 47,280 1 1 D3 1 Decontamination Suite /Shelter 31,333 1 1 D4 1 Misc Decontamination Items 1 12,501 1 1 D5 Rehab Items for Responders 1 9,500 1 1 D6 Patient/Contaminated Victim Retrieval Device 1 50,004 1 1 1 Equipment Totals I Total Direct Costs TotalgCosts TAP Amount to go in "Investment Heading" on IJ 3rand Total" ';(Federal Reque Match) or (Project Cost M&A) :M Budget Category A Personnel B Fringe Benefits C. Travel D Equipment E Supplies F Consultants /Contractors G Other H Indirect Total Cats 4,602 Qty Est. Cost Sales Tax 4,602 I- 19,210 47,280 31,333 12,501 9,500 50,004 1,614 3,972 2,632 1,050 798 4,200 Total Federal Project Funding Cost Request 3,452 1 J 3,452 20,824 15,618 51,252 1 38,439 33,965 1 25,474 13,551 1 10,163 10,298 1 7,724 54,204 1 40,653 184,0941 138,070 18094 1" 141,522 1,184; 094 "J 7 141;;522! 141,522 a k 1 "1 $8,696, Total Project Cost Calculated 184,094 '784;09,4 Federal Funding Request 3,452 1 I I 138,070 1 I Match Total Amount M&A 4,602 1,151 1 4,602 5,206 I: 12,813 8,491 3,388 2,575 13,551 46,0231 47,174 "l 4,6020 4707151% 4;602 1,151 1 46,023 90,41";5221107,174 Match Total Amount M&A 1,151 1 4,602 z;• 4,602+ Investment Heading A rcant r izatiott qveiffi t ttia :hive mo I. Background FY09 PSGP Investment Justification Template Puget Sound Port Angeles Washington Clallam County Sheriffs Office on Behalf of Local Consortium Mobile Data Terminals $277,064 1. Provide an overview of the port system in which this Investment will take place Max. 1 page Area of Operations: o COTP Zone: Puget Sound o Eligible Port area Port Angeles and other ports throuighout the Strait of Juan De Fuca o Project Site is at throughout Clallam County Point(s) of contact for organization (include contact information): Authorizing Official: Howard V. Doherty, Jr., Chair Clallam County Board of Commissioners 223 E. 4 Street, Port Angeles, WA 98362 360 -417 -2233 mdohertvbco.clal Iam.wa. us Project Manager: Patti Morris and POC for the Project 223 E. 4 Street, Suite 12 Port Angeles, WA 98362 360 -461 -9008 omorris( co.clallam.wa.us Ownership or Operation: Clallam County Sheriffs Office is a local agency; Clallam County Fire Distnct #3 is a local agency; Washington State Patrol is a state agency. Role in providing layered protection of regulated entities* Clallam County Sheriffs Office has the responsibility for all of Clallam County in which the Port of Port Angeles is located. The City of Port Angeles Police Dept. has primary jurisdiction and is a partner, Clallam County Fire District #3 is the lead agency for Washington State Homeland Security Region 2 Technical Rescue Team for Clallam and Jefferson Counties. Washington State Patrol provides ongoing and daily assistance and backup to local law enforcement agencies in Clallam County. 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 Clallam County Sheriffs Office AOR include Port of Port Angeles, Coho Ferry Terminal, Blackball Ferry Vessel, and the Victoria Express Passenger Ferry. The Port Angeles area is the gateway to Puget Sound There is an average of 30,000 commercial vessel trips through the Strait each year. All commercial vessels have to pick up a marine pilot, from Puget Sound Inland Pilots Assn at Port Angeles to continue their voyage east into Puget Sound. Any of these vessels could be a possible terrorist target, or be used to transport terrorist or materials for attacks on U S.citizens, or critical facilities located in the Port Angeles area All of the consortium members are NIMS compliant and provide reporting to Washington State EMD on that status in order to be eligible for grants. MOA Page 19 of 22 Other sources of funding being leveraged for security enhancements: The City of Port Angeles is contributing $500,000 to waterfront improvements that include the Port Angeles Pier. Clallam County 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. Background of this IJ: In early 2009, a Stakeholder Committee convened to define issues /solutions between local, state, federal, and tribal law enforcement agencies within Clallam County that would be involved in any homeland security inidents. Communications and interoperability were identified as the number one area needing most improvement The first responder agencies in Clallam County, including City of Port Angeles Police Fire, Sequim Police Department, Clallam County Fire District #3, Forks Police Department, La Push Tribal Police Department, Lower Elwha Tribal Police, Neah Bay Tribal Police, and Clallam County Sheriffs Office, work closely with each other through mutual aid agreements and are improving their interoperability capabilities. PENCOM 911 is now able to dispatch via the Mobile Data Terminals that are being deployed by Clallam County Sheriffs Office, Port Angeles Police Department, and Sequim Police Department through funding from DHS Operation Stonegarden grants. II. Strategic and Program Priorities II.A. Provide a brief abstract of the Investment Max. 1 page Forty -one mobile data terminals and associated equipment. This would include 11 for Washington State Patrol units in Clallam County, and 30 for Clallam County Fire District #3 These units would be Dell GD8000 -23 or Panasonic Toughbook CF -31 or equivalent. WSP is aware of and supports this request. [AEL 04HW -01 -MOBL] II.B. Describe how the Investment will address 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 enhance multi jurisdictional agencies' capabilities to prevent, detect, respond, and recover from terrorist attacks employing IEDs, CBRNE, and other non conventional weapons by enabling them to be dispatched and respons to alerts and incidents in an efficient and effective manner. PRMP Priorities: 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 This project supports the AMSP III. Impact III.A. Describe how the project offers the highest risk reduction potential at the least cost Max Y2 page Because neither WSP nor Fire District #3 has had funding to buy mobile data terminals, there is an interoperability gap in dispatching within Clallam County, which can cause confusion and delays in getting the closest and most appropriate first responder to an incident quickly With all responders on the same dispatch system as PENCOM 911, responders will be able to work together seamlessly in responding to an incident at the Port of Port Angeles or in any port area within Clallam County, which extends across the entire north coast of the Olympic Peninsula III.B. Describe current capabilities similar to this Investment Max. 1 /2 page The requesting agencies have no Mobile Data Terminals in their vehicles. MOA Page 20 of 22 IV. Funding Implementation Plan entio fiarAt over 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. U to 10 milestones may be provided. Max. 1 page Months 1 -2: Procure the mobile data termoinals. Month 3: Install in vehicles Month 4: Test and train, Month 5: Put into regular use. Month 6 Close out project. MOA Page 21 of 22 270,306 6,758 277,064 90,102 2,253 92,355 360,408 9,010 369,418 FY09 BUDGET DETAIL WORKSHEET CLALLAM CTY WSP MOBILE DATA TERMINALS Entered by Applicant Line Item Al Grants Manager Personnel Totals D: Equipment BUDGET SUMMARY Budget Category Item Budget Category A Personnel B Fringe Benefits C Travel D Equipment E Supplies F Consultants /Contractors G Other H Indirect Total, Costs MOA Page 22 of 22 Est. Cost Each 9,010 8,109 1 Qty Est. Cost Sales Tax 1 iYt 41 1 i• D1 Ruggidized Mobile Data Terminals ,Equipment Totals 1 Total Direct Costs TotaICosts_,, Amount to go in "Investment Heading" on IJ Grand Total p {Federal Request Match) or piii ecO'Cost M&A),„„ 9,010 E r 1 1 6,758 1 2,253 1 9,010 6,758 2,253 9,010 x fir:. 332,480 1 27,928 1 360,408 1 270,306 1 90,102 332,480 1 360,408 1 270,306'1 90,102 1 1 360,408 1 277,064 1 92,355 1 9,010,L. '360,408,x, 2717;064 4 92;355 I* =9 010 ?1 i 277,064 369;41,9 8,109 Calculated Total Project Cost Total Project Cost :,,,M 1 4,42 360,408 360;408 Federal Funding Request Federal Funding Request 6,758 270,306 2717;064 Match Total Amount M&A Match Total Amount M &A 2,253 90,102 92,355: 9,010 EXHIBIT B EQUIPMENT LIST pcs mobile Corporate Headquarters 1200 W Mississippi Ave Denver, CO 80223 Email: salesi8ncsmobile.com Customer: Clallam Co Fire Dist 3 323 North 5th Avenue Sequim, WA 98382 -3313 1 CF- 31Q2AAF1M 2 3 Page 1 CF- WMBA1002G RAM INSTALL Notes Washington DIS contract number T11- MST -548 Quotation Win7,13- 2310,320G,2G, Wifi,BT,DP,VZW4G LTE,Ebklt,pr of sery PANASONIC 2GB MEMORY INSTALLATION OF RAM Quote QT-6223/12 for: Clallam Co Fire Dist 3 Page 1 of 2 Print Date 06/20/2012 Quote Valid Date 07.12.2012 10:15 pm Inside Sales Rep: Amy Hale Email: amyh @pcsmobile.com Phone: 888- 219 -8699 Fax: 940-683-4314 Salesperson: Brian Ferring Email: brianf @pcsmobile.com Quote Created By: Brian Ferring Customer CLA009 Requested By Tony Hudson F.O.B. Origination Terms Net 30 Days Contract T11 -MST -548 Line Number Item Number Description /Comments Quantity Unit Price Extended Price 1 1 1 3488 48 30 Quote Sub Total Quote Total 3488 48 30 $3566.00 1 $3566.00 I www.pcsmobile.com 'C pcs mobile Terms and Conditions Portable Computer Systems, Inc., dba: PCS Mobile Standard Reseller Terms and Conditions Quote QT-6223/12 for: Clallam Co Fire Dist 3 Page 2 of 2 1 Contract Terms These Terms and Conditions are attached to and made a part of a "Quote" for resale of products "Products provided by Portable Computer Systems, Inc dba PCS Mobile "PCS to the buyer named therein "Buyer and all further references herein to "this Agreement" mean the Quote, including these Terms and Conditions Upon acceptance of this Agreement by Buyer, the provisions of this Agreement constitute a binding contract between PCS and Buyer This Agreement shall be accepted by Buyer upon either receipt from Buyer of any written communication confirming this Agreement or acceptance by Buyer of Products shipped by PCS pursuant to this Agreement This Agreement supersedes all prior communications relating to the Products covered by this Agreement, and any contrary or supplemental provisions in any Buyer purchase order or other communication from Buyer are specifically rejected 2 Payment Payment for the Products shall be in US dollars as stated in this Agreement Unless stated otherwise, prices stated in this Agreement do not include any state or local sale, use or other taxes or assessments or freight charges (beyond delivery by PCS to common carrier), all of which shall be paid by Buyer A service charge of 1 5% per month will be charged on all past due balances and will be due on demand All PCS costs of collection, including reasonable attorney's fees, shall be paid by Buyer Buyer grants PCS a security interest (and the right to file UCC financing statements) in the Products to secure payment of all amounts due If Buyer fails to make any payment when due, PCS shall have the right to revoke any credit extended, regarding the Products or otherwise, to delay or cancel any or all future deliveries without liability to Buyer The obligation of PCS to deliver Products shall terminate without notice upon filing of any bankruptcy proceeding by or against Buyer or appointment of any trustee for Buyer or any of its assets Under no circumstances may Buyer set off against amounts due PCS pursuant to this Agreement any claim Buyer may have against PCS for any reason 3 Shipment Delivery of all Products shall be F 0 B place of shipment by or for PCS, unless otherwise agreed in wntmg PCS reserves the nght to select the means of shipment, point of shipment and routing Delivery will be deemed complete upon transfer of possession of Products to common carrier as described above, whereupon all nsk of loss, damage or destruction to the Products shall pass to Buyer 4 Acceptance of Products. Returns All Products shall be deemed accepted by Buyer unless Buyer notifies PCS in writing within seven (7) calendar days of receipt of Products of any short shipment, wrong product shipment, damaged Products or similar discrepancies Once accepted by Buyer, Products may be returned only with authorization from PCS, in the sole discretion of PCS, and in no case will returns be considered more than thirty (30) days after delivery to Buyer If accepted for return Products will be subject to a 20% restocking fee 5 Warranties PCS makes no representation with regard to Products of any kind or nature, express or implied, including any warranty of merchantability or fitness for a particular purposes, or usage of trade Products are covered by manufacturer's warranty only Copies of manufacturer's warranty will be provided to Buyer upon written request PCS assigns to Buyer all warranties on the Products accepted by Buyer, and PCS shall have no obligation relating to processing claims there under, though PCS may assist Buyer therewith at the sole option of PCS 6 Limitation on Liability In no event shall PCS be liable for any claims for loss of use, revenue, profit or customer, or any direct, indirect, special, incidental or consequential damages of any kind or nature arising out of, or connected with the Products, the use thereof, or the sale thereof by PCS to Buyer Further, Buyer agrees to indemnify and defend PCS from any such claims 7 Force Maieure PCS shall not be liable for any delay or failure to perform any obligation of PCS under this Agreement that is caused by events of force majeure, including without limitation strikes, riots, casualties, acts of God, war, governmental action or other cause beyond the reasonable control of PCS 8 Miscellaneous This Agreement constitutes the entire agreement between PCS and Buyer regarding the Products, and may not be modified except by written agreement signed by the party to be charged with the modification Buyer's rights under this Agreement may not be assigned without the written consent of PCS If any provision of this Agreement shall become invalid or illegal under any provision of applicable law, the remainder of this Agreement shall not be affected This Agreement shall be binding upon both PCS and Buyer, and their respective successors and assigns This Agreement shall be interpreted in accordance with the internal laws of the State of Colorado Page 2 www.pcsmobile.com Dated: [Insert Agency Name] By: EXHIBIT C EQUIPMENT RECEIPT The Agency identified below, hereby acknowledges receipt of the Equipment, identified in the attached Exhibit A, purchased pursuant to the Agency's MOU with Clallam County Fire Protection District No.3. IN CONSIDERATION OF RECEIVING THE EQUIPMENT AGENCY AGREES TO INDEMNIFY AND HOLD CLALLAM COUNTY FIRE PROTECTION DISTRICT NO. 3 HARMLESS FROM AND AGAINST THE FULL AMOUNT OF ANY AND ALL COSTS AND EXPENSES (INCLUDING WITHOUT LIMITATION, ATTORNEYS' FEES AND COURT COSTS INCIDENT TO ANY SUIT, ACTION, INVESTIGATION OR OTHER PROCEEDING), DAMAGES AND LOSSES, SETTLEMENTS, REDUCTIONS OR OTHER ADVERSE EFFECTS ARISING OUT OF OR RESULTING FROM ANY FUTURE CLAIMS RELATING TO THE EQUIPMENT AND THE USE THE EQUIPMENT EXCEPT FOR THE SOLE NEGLIGENCE OF CLALLAM COUNTY FIRE DISTRICT 3.