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JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO:
Board of Commissioners
Philip Morley, County Administrator
FROM:
Janet Silvus, Director Jeff Com 911
DATE:
April 18, 2011
MOU with Clallam County
RE:
STATEMENT OF ISSUE: Approval and Execution ofMOU with Clallam County to
receive and manage funding from a PSIC Grant.
ANALYSIS: On or about October 1, 2007 Cla1lam County was awarded a multi jurisdictional
Public Safety Interoperability Communications Grant (PSIC), which was scheduled to end on
September 30, 2010. Jefferson County was entitled to $120,000 of the grant with a 20% in
kind match. A one year extension on the grant was issued carrying it though to September
30,2011.
The Board of County Commissions approved the purchase of a new CAD system for JeffCom
911 from New World Systems. Part of the CAD purchase included a CAD to CAD link to
Clallam County for the purposes of establishing interoperability.
The JeffCom Administrative Board became fully aware of the PSIC grant money and has
expressed a desire to enter into an MOD with Clallam County giving the board authority to
explore options for spending the funds by June 30, 2011.
FISCAL IMPACT: Fiscal Impact would be $24,000 for the 20 % match. According to the
terms of the grant, the purchase of the new CAD system would count toward that match,
making JeffCom's out of pocket expense for the funds zero.
RECOMMENDA nON: Move to approve and execute the MOD with C1a1lam County.
DEPARTMENT CONT ACf: Janet Silvus, Director of JeffCom.
REVIEWED BY:
~
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Date
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1. Contractor Name and Addruss: 2. ConlractAmount: 3. Contract Number
Clallam County $7,378,500
223 East 4t1J Street E08-356
Port Angeles, WA 98362 II"'/~J_. og.OO t
4. Contractor's Contact Person, phone number: 5. Contract Start Date: 6. Contract End Data:
PattI Morris (350) 481-9008 October 1,2007 September 30,2010
7. MD Program Manager/phone number: 8. State Business Ucansa #: 9. UBI # (state revenue):
Jennifer Schaal (253) 512-7485 NA 064-004-559
10. Funding Authority:
Washington State Military Department (Department) and the U.S. Department of Homelend Security (DHS)
11. Funding Source Agreement #: 112. Program Index # & OBJISUB-OJ 113. CFDA # & Tltie: 114. TIN or SSN:
2007-G8-H7-oo03 mpK, 773Pe. mPD, 773PG HZ 11.555 PSIC 91-6001298
15. Service DIstricts: 16. Servlca Area by County(las): 17. Women/MInorlty-Owned, State
(BY LEGISLATIVE DISTRICT): 24 Clallam County Certified?: X N1A 0 NO
(BY CONGRESSIONAL DISTRICT): 6 DYES, OMWBE #
I 18. Contract Classification: 19. ContraclType (check all that apply):
I o Personal Services 0 Client Services X Publlollocal Gov't X Contract 0 Grant o Agreement
I
o Collaborative Research DAlE D Other D Intergovemmental (RCW 39.34) D Interagency
20. Contractor SeJectlon Process: 21. ConlractorType (checl< alllhalapply)
X "Toellwhoapply&qual!fy" D Competitive Bidding D Private Organlzationllndlvldual o For-Proflt
o Sole Souroa o AlE RCW o NJA X Public Organlzation/Jurisdlctlon X Non-Profit
o FlIed w/OFM? o Advertleed? DYES ONO o VENDOR X SUBRECIPIENT DOTHER
22. BRIEF DESCRIPTION:
Funds from the National TeIecommunloatlone and information Administration (NTIA) and admlnletered through the U.s.
Department of Homeland Security (DHS) for the Public Safety Interoperable Communications Grant Program are being
provided for projects to enhance the Interoperable communloatlone capability of public safety agencies In responding to
and recovering from dlsastere and incIdents of terrorism.
IN WITNESS WHEREOF, the Department and Contractor acknovdedge and accept the terms of this contrect and attachments
hereto and have executed this contrect as of the date and year written below. This Contrect Face Sheet, Special Terms and
Conditions. General Terms and Coridltions, Statement of Work, and Budget govern the rights and obligations of both parties to
thls contract.
In the event of an inconsistency In this contract, unless otherwise provided herein, the Inconsistency shell be resolved by
giving precedence In the following order: .
(a) Applicable Federal end State Statutes end Regulations
(b) Statement of Work
(c) Special Terms end Conditions
(d) General Terms and Conditions, end If attached,
(e) any other provlslone of the contrect Incorporated by reference.
This contrect contains all the terms and condlllons agreed upon by the parties. No other understandings. oral or otherwise.
regarding the subject matter of this contract sh.all be deemed to exist or to bind any of the parties hereto.
WHEREAS. the parties hereto have executed thIs contract on the day and year last specified below.
FOR THE DEPARTMENT: 1)7EC07;::R
a-W'..Y' J1 j/flV-JJ.PA :1-/'2.- ~t>f' C1/t':;/68
s~ature . - Date Signature Date
J es M. Mullen, Director Michael C. Chapman, Chelr
Emergency Management Division Board of Commissioners
Washington State Military Department for
APPROVED AS TO FORM: Clallam County AptlIIIIIIdalll'i1!.'"
Sara J. Finlay (signature on file) 9/1212007 ?'1!..1. 7 . '"1-(1-0?
Assistant Attorney General ~~.~ !II-
Form 10127/00 kdb CIaIIalIlCoiinlJ
__ashlngton State Military Departmer.....
CONTRACT FACE SHEET
ORIGINAL D1"~i
PSIC Grant Program
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_PECIAL TERMS AND CONDITIONS~
ARTICLE 1- COMPENSATION:
ThIs Is a fixed price, reimbursement contract. Within the total contract amount, travel, subcontracts, salaries
and wages, benefits, printing, equipment, and other goods and services or other budget categories will be
reimbursed on an actual cost basis unless otherwise provided in this contract. Any travel or subsistence
reimbursement allowed under the contract shall be paid in accordance with rates set pursuant to RCW
43.03.050 and RCW 43.03.060 as now existing or amended and in agreement with federal rates. Receipts
and/or backup documentation for any approved budget lIne items Including travel ralated expenses that are
authorized under this contract must be maintained by the Contractor and be made available upon request by
the Military Department
Some flexibility to shift funds between/among budget categories is allowed as follows: Changes to the budget
In excess of 10% will not be reimbursed without the prior written authorization of the Department. Budget
categories are as speclfled or defined In the budget sheet of the contract
Under the PSIC Grant Program the following applies:
Changes to the budget under 10% may be made between/among budget categories requiring a non-federal
match, or between/among non-matched budget categories. Changes to the budget between matched and
non-matched budget categories will not be reimbursed without the prior written authorization of the
Department
Requests for reimbursement of funds requiring a non-federal match must Include documentation
demonstrating the match amount and detail supporting the match source and type. Documentation must state
that match funds are from non-federal sources. Match requirements can be met through cash or in-kind
sources consistent with 15 CFR Parts 24.3 and 24.24.
ARTICLE II - REPORTS:
In addition to the reports as may be required elsewhere In this contract, the Contractor shall prepare and
submit the following reports to the Departmenfs Key Personnel:
Financial #/CoDles
Quarterly Invoices 1
Due Date
Within 30 days following the
end of the quarter in which the
work was performed.
Invoices must be submitted no more often than monthly, but at least quarteriy. Failure to submit Invoices In a
timely manner will cause the Department to hold all requests for equipment approval until Invoices are
submitted.
Final Invoice 1 No later than 30lh day following
(shall not exceed overall COl)tract amount) the contract end date
All contract work must end on the contract end date, however the Contractor has up to 30 days after the
contract end date to submit all final bifllng.
Technical
Progress Report
#/CoDies
Electronic
Electronic
Due Dete
Every other month, on the 1st" of the
month, for the duration of the contract
period
September 30, 2010
Final Report
ARTICLE 11I- KEY PERSONNEL:
The individuals listed below shall be considered key personnel. Any substitution must be made by written
notification to the Military Department.
CONTRACTOR: MiliTARY DEPARTMENT:
PattI Morris, Project Manager Jennifer Schaal. Program Manager
pSle Grant Program
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ARlICLE IV - ADMINISTRATl' "': REQUIREMENTS: ....
The Contractor shall comply ~ OMB Circular At-87, Cost Principles for State, Local, and Indian Tribal
Governments; OMB A-102, Grants and Cooperative Agreements with State and Local Governments; and A.
133, AudIts of States, Local Governments, and Non-Profit Organizations.
ARTiCLE V - ADDITiONAL SPECIAL CONDITiONS AND MODIFICATION TO GENERAL CONDITiONS:
1. Funds are provided by the National Telecommunications and Information Administration (NTIA) in
agreement with the U.S. Department of Homeland Security (DHS) solely for the purpose of enhancing the
Interoperable communications capability of public safety agencies to respond to and recover from
catastrophic Incidents and Incidents of terrorism. The Contractor shall use the funds to perform tasks as
described In the Statement of Work and Budget portions of the Contractor's request for funding. Funding
may not be used to replace or supplant existing public safety agency funding.
2. The Contractor shall provide a match of non-federal origin for all PSIC acquisition and deployment
activities. Said match may be In the form of goods, services and in-kind servicas.
3. Contractor acknowledges that since this contract Involves federal funding, the period of performance
described herein will likely begin prior to the availability of appropriated federal funds. Contractor agrees
that it will not hold the Department, the Stata of Washington, or the Unitec.l States liable for any damages,
claim for reimbursement, or any type of payment whatsoever for services performed under this contract
prior to distribution of appropriated federal funds.
Contractor agrees that it will not hold the Department, the State of Washington, or the United states
liable for any damages, claim for reimbursement or any type of payment if federal funds are not
appropriated or are not appropriated In a particular amount.
4. The Contractor shall comply with all federal cMI rights laws Including Title VI of the CM! Rights Act of
1964, as amended. The Contractor is required to take reasonable steps to ensure persons of limited
English proficiency have meanIngful access to language assistance services In conducting all PSIC
funded actMties.
5. The Contractor shall ensure objective subcontractor performance and efimlnate unfair subcontractor
competitive advantage. Any subcontractors that developed, drafted or helped prepare PSIC Investment
Justificetions, specifications, requirements, statements of work, Invitations for bid and/or requasts for
proposal shall be excluded from competing for such procurements.
ARTiCLE V1- EQUIPMENT MANAGEMENT:
All equipment purchased under this contract, by the Contractor or a Subcontractor, will be recorded and
maintained in an equipment inventory system.
1. Upon successful completion of the terms of this contract, all equipment purchased through this contract
will be owned by the Contractor, or a recognized subcontractortsubgrantea for which a contract, subgrant
agreement, or other means of iegal transfer or ownership Is in place.
2. The Contractor, or a recognized subcontractor/subgrantee, shall be responsible for any and all operation,
maintenance, replacement, and for the safe operation of the equipment, including all questions of liability.
3. The Contractor shall maintain equipment records that include: a description of the property; the
manufacturer's serial number, model number, or other identification number; the source of tha equipment,
Including the Catalogue of Federal Domestic Assistance (CFDA) number; who holds title; the acquisition
date; the cost of the equipment and the percentage of federal participation in the cost; the location, use
and condition of the equipment at the date the Information was reported; and disposition data IncludIng
the date of disposal and sale price of the property.
4. Records for equipment shall be retained by the Contractor for a period of six (6) years from the date of
the disposition, replacement or transfer. If any litigation. claim, or audit is started before the expiration of
the six year period, the records shall be retained by the Contractor until all litigations, claims. or audit
findings Involving the records have been resolved.
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5. The Contractor shall take ..... hysical Inventory of the' equipment....-d reconcile the results with the
property records at least once every two years. Any differences between quantities determined by the
physical inspection and those shown in the records shall be investigated by the Contractor to determine
the cause of the difference. The Contractor shall, in connection with the inventory, verify the existence,
current utilization, and continued need for the equipment
6. The Contractor shall develop a control system to ensure adequate safeguards to prevent loss, damage,
and theft of the property. Any loss, damage or theft shall be investigated and a report generated.
7. The Contractor will develop adequate malntensnce procedures to keep the property In good condition.
8. If the Contractor is authorized or requIred to sell the property, proper sales procedures must be
established to ensure the highest possible return.
9. When original or replacement equipment Is no longer needed for the original project or program or for
other activities currently or previously supported by a federal agency, disposition of the equipment will be
made as follows:
a. Items of equipment with a current per-unit fair mar1<et value of less than $5,000 may be retained, sold
or otherwisa diSposed of by the Contractor with no further obligation to the awarding agency.
b. items of equipment with a current per-unit fair mar1<et value of more than $5,000 may be retained or
sold and the Contractor shall compensate the federal-sponsoring agency for its shere.
10. As sUbgrantees of federal funds, the Contractor must pess on equipment managemant requirements that
meet or exceed the requirements outlined above for all subcontractors, consultants, and subgrantees who
receive pess-througl1 funding from this contract.
ARTICLE V11- SUB RECIPIENT MONITORING:
The Department will monItor the activities of the Contractor from award to closeout and for the life of equipment
purchased under this contract. The goal of tha Department's monitoring activities will be to ensure that
agencies receiving federal pass-through funds are in compliance with federal and state audit requirements,
federal grant guidance, applicable federel and state financial guides, as well as OMS Circular A-133 and A-122
where applicable.
Monitoring actlvltles may Include:
. review of performance reports;
. monitoring and documenting the completion of contract deliverables;
. documentation of phone calls, meetings, e-malls and correspondence;
. review of reimbursement requests to insure anowablllty and consistency with contlcict budget;
. observatlon and documentation of contract related activities, such as exercises, training, funded events
and equipment demonstrations;
. on-site visits to review equipment records and inventories, verify source documentation for
reimbursement requests and performance reports and verify completion of dellverables.
As subgrentees of federal funds, the Contractor Is required to meat or exceed the monitoring activities, as
outlined above, for all subcontractors, consultants, and subgrantees who receive pess-through funding from
this contract.
ARTICLE V111- ENVIRONMENTAL AND HISTORIC PRESERVATION
The Contractor shall ensure full compliance with FEMA's Environmental and Historic Preservation (EHP)
Program. Information about these requirements can be found on FEMA's wabsite at
htto:flwww.fema.aovfolanlehofeho-aoclicant-helo.shtm. Construction-based projects must comply with
edditional provisions of faderallaw, including, but not limited to, the Nationsl Environmental Policy Act (NEPA).
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-
...,
ExhIbit A
Subreclplent
Washington Military Department
GENERAL TERMS AND CONDITIONS
1. DEFINmONS
As used throughout this contract, the following terms shall have the meaning set forth below:
a. "Department" shall mean the Washington MHitary Department, as a state agency, any division,
section, office, unit or other entity of the Department, or any of the officers or other officials
lawfully representing that Department.
b. "Contractor" shan mean that firm, organization, group, Indlvldual, or other entity performing
services under this contract, and shall Include all employees of the Contractor. It shall Include
any subcontractor retelned by the prime Contractor as permitted under the terms of this
contract. "Contractor" shall be further defined as one or the other of the following and so
indicated on face sheet of the contract. .
1) "Subreclplent' shall mean a contractor that operates a federal or state assistence
program for which it receives federal funds and which has the authority to determine
both the services randered and disposition of program funds.
2) "Vendo" shall mean a contractor that agrees to provide the amount and kind of service
or activity requested by the Department and that agrees to provide goods or services to
be utilized by the Department.
c. "Subcontractor" shall mean one, not in thE! employment of the Contractor, who Is performing all
or part of those services under this contract under a separate contract with the Contractor. The
terms "subcontractor" and "subcontr;actors" mean subcontractor(s) In any tier.
d. "Reclplent"- a nonfederal entity that expends federal awards received directly from a federal
awarding agency to cerry out a federal program.
e. "Pass-Through Entity" means the Washington State Military Department as it Is applied to this
contract. As found in SAAM 50.30.30 - -A nonfederal entity that provides a federal award to a
subreciplent to carry out a federal program."
f. "Nonfederal Entity" Is defined as a state local government or nonprofit organization (as
defined in federal Circular A-133).
g. "Cognizant state Agency" shall mean a state agency that has assumed the responsibility of
implementing slngle audit requirements and coordinating audit follow-up for a particular grantee
by virtue of providing the majority of federal assistence. If funds are received from more than
one state agency, the cognizant state agency shall be the agency who contributes the largest
portion of faderal financial assistance to the sub recipient unless the designation has been
reassigned to a different state agency by mutual agreement.
h. "Federal Financial Assistance" - Assistance that nonfederal entities receive or administer in
the form of grants, loans, loan guarantees, property (Including donated surplus property),
cooperative agreements, Interest subsidies, Insurance, food commodities, direct appropriations
or other assistance. It does not Include amounts received for provision of vendor services to
federal agencies or reimbursement for services rendered directly to individuals.
i. "Grant" - For the purposes herein, the term .grant" may be used to mean .contracts. or "grants"
or "agreements".
j. .CFDA Number" - The five-dlglt number assigned to a federal assistance progrem In the
federal Catalog of Federal Domestic Assistance (CFDA) or, In the absence of a catalog defined
number, the number defined by Instructions from the federal audit clearinghouse.
k. "CFR" - Code of Federal Regulations
I. .OMS" - OffIce of Management and Budget
m. "RCW" - Revised Code of Washington
n. "WAC" - Washington Administrative Code.
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2. SUBRECIPIENT MONITOh..tG _
a. The Department, as a Recipient and/or Pass-Through Entity, receives federal financial
assistance under federal programs and Is charged with maintaining compliance with federal
and state laws and regulations regarding the monitoring, documentatlon, and auditing of
subreclplent grant activities USing federal financial assistance. Management and
implementation guidelines for the federal programs ensure compliance with statutes, grant
guidelines, the sub-award agreement, Office of Management and Budget (OMB) circulars
(including OMB Circular A-133). subreclplent audits, and other guidance found In the Federal
Register. The Department shall adhere to its Subreciplent Monitoring Polley and the
Subreclplent Monitoring Procedures (WMD Polley number 00-025-05.)
b. The COntractor shall perform under the terms of the contract and the Department has
responsibility for reasonable and necessary monitoring of the Contractor's performance. The
Department shall conduct contract monitoring actlvities on a regular basis. Monitoring is defined
as any planned, ongoing. or periodic activity that measures and ensures contractor compliance
with the terms. condltlons, and requirements of a contract.
Monitoring Involves prudent collection of Information about COntractor operations and is not
limited to site visits or the completion of formal reviews. Monitoring may Include periodic
contractor reporting to the Department, Department review of audit reports, Invoice reviews,
onslte reviews and observations, end surveys. Adequate documentation Is eSsential for
effective contract monitOring and will Include copies of letters, meeting notes. and records of
phone conversatlons as evidence that conscientious monitoring has occurred during the period
of the contract Subreclplent monitoring will occur throughout the year rather than relying SOlely
on a once-a-year audit The COntractor agrees to cooperate with'aU monitoring activities and to
comply with reporting requirements.
The Department as the Recipient and/or Pass-Through Entity will conduct on-site visits as
appropriate and required by contract for "for-profit" subrecipients, since the A-133 Single
Audit does not apply to "for-profit" organizations.
3: RECORDS, MONITORING AND AUDIT ACCESS
a. The COntractor shall cooperate with and fully participate in all monitoring or evaluation activities
that are pertinent to this contract
b. Access to public records-The COntractor acknowledges that the Department Is subject to the
Public Records Act. Chapter 42.56 RCW, and that records prepared. owned, used or retained
by the Department relating to the conduct of government or the performance of any
governmental or proprietary function are available for public inspection and copying, except as
exempt under RCW 42.56 or othar statute which exempts or prohibits disclosure of specific
Information or records.
c. The COntractor shall maintain ail books, records, documents, data and othar evidence relating
to this contract and the provision of any materials, supplies, sarvlces and/or equipment under
this contract herein. including. but not limited to, records of accounting procedures and practlces
that sufficiently and properly reflect all direct and Indirect costs of any nature expended In the
performance of this contract. At no addltlonel cost. these records. including materials generated
under the contract. shall be subject at all reasonable times to Inspection. review and audit by
personnel duly authorized by the Department, the Washington State Auditor's Office, and
federel officials so authorized by law. rule, regulation. or contract The COntractor will retain all
books. records. documents. and other materials relevant to this contract and make them
available for inspection. review or audit for six (6) years from the end date of this contract, date
of final payment or conclusion of services performed under this contractor, whichever Is later. If
any litigation, claim or audit is started before the expiration of the six (6) year period, the records
shall be retained until final resolution of all litigation, claims, or audit findings involving the
records.
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d. Contractor shall prtl.cle right of access to Its facilities and .....cords to the Department and any
other authorized agent or official of the state of Washington or the federal government, at all
reasonable times, In order to monitor and evaluate performance, compliance, and/or quality
assurance under this contract.
4. SINGLE AUDIT ACT REQUIREMENTS (INCLUDING ALL AMENDMENTS)
Non-federal entities as subreclplents that expand $500,000 or more In one fiscal year of federal funds
from all sources, direct and Indirect, are required to have a single or a program-speclflc audit conducted
in accordance with the Office of Management and Budget (OMS) Circular A-133-Audlts of States, Local
Governments, and Non-Profit Organizations (revised June 27, 2003, effective for fiscal years ending
after December 31,2003). Non-federal entitles that spend less than $500,000 a year In federal awards
are exempt from federal audit requirements for that year, except as noted In Circular No. A-133.
Circular A-133 is available on the OMS Home Page at htto:/iwww.omb.aov and then select "Grants
Management" followed by"Circulars".
Contractors required to have an audit must ensure the audit Is performed in accordance with Generally
Accepted Auditing Standards (GAAS) as found in the Government Auditing Standards (tJ:Ie Revised
Yellow Book) developed by the Comptroller General and the OMS Compliance Supplement The
Contractor has the responslblllty of notifying the Washington State Auditor's OffiCe and requesting an
audit. Costs of the audit may be an allowable grant expenditure.
The Contractor shall maintain auditable racords and accounts so as to facllitata the audit requirement
and shall ensure that any subcontractors also maintain auditable records.
Tha Contractor Is responsible for any audit exceptions incurred by Its own organization or that of Its
subcontractors. Responses to any unresolved management findings and disallowed or questioned
costs shall be included with tha audit report The Contractor must respond to Department requests for
Information or corraclive action concerning audit issues or findings within 30 days of the date of
request. The Department raserves the right to recover from the Contractor all disallowed costs
resulting from the audit.
Once the single audit has been completed, the Contractor must send a full copy of the audit to the
Department and a letter stating there wera no findings, or if thera were findings, the letter should
provide a list of the findings. The Contractor must send the audit and the letter no later than nine (9)
months after the end of the Contractor's fiscal year(s) to:
Accounting Manager
Washington Military Department
Finance Division, Building #1 T A-20
Camp Murray, WA 98430.5032
In addition to sending a copy of the audit, the Contractor must include a corrective aelion plan for any
audit findings and a copy of the management letter if one was received.
Tha Contractor shall Include the above .audlt requirements in any subcontracts.
5. RECAPTURE PROVISIONS
In the event that the Contractor fails to expend funds under this contract In accordance with applicable
state and federal lawa and/or the provisions of this contract, the Department reserves the right to
racapture funds in an amount equivelent to the extent of the noncompllance in addition to any other
remedies available at law or In equity.
Such right of recapture shall exist for a period not to exceed six (6) years following contract termination
or audit resolution, whichever is later. Repayment by the Contractor of funds under this recapture
provision shail occur withIn 30 days of demand. The Department Is required to Institute legal
proceedings to enforce the recapture provision.
6. COMPUANCE WITH APPUCABlE LAW
Tha Contractor and all subcontractors shall comply with all appllcable federal, stata, trfbal government,
and local laws, regulations, and policies.
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This obligation Includes. blwos not limited to, compliance wlth Eth..., In Public Service (RCW 42.52);
Covenant Against Contingent Fees (48 C.F.R S 52.203-5); Public Records Act (RCW 42.56); Drug-
Free Workplace Act of 1988 (41 U.S.C. S 701 et seq. and 15 C.F.R. Part 29); Lobbying Restrlctlcns (31
U.S.C. ~ 1352 and 15 C.F.R. Part 28); and safety and health regulations. The Department Is not
responsIble for advising the Contractor about. or determining the Contractor's compliance wlth,
applicable laws. regulations and policies.
In the event of the Contractor's or a subcontractor's noncompliance or refusal to comply wlth any
applicable law, regulation or policy, the Department may rescind, cancel. or terminate the contract in
whole or In part. The Contractor is responsible for any and all costs or liabIlity arising from the
Contractor's failure to comply with appllceble law, regulation or policy.
7. NONDISCRIMINATION
During the performance of this contract, the Contractor shall comply wlth all federal and state
nondiscrimination staMes and regulations. These requirements Include, but are not limited to:
a. Nondiscrimination In Employment: The Contractor shail not discriminate against any employee
or applicant for employment because of race, color, sex. sexual orientation, religion, national
origin, creed, marital status. age, Vietnam era or disabled veterans status. or the presence of
any sensory, mental. or physical handicap. Such action shall include, but not be timited to. the
followlng: Employment, upgrading, demotion, or transfer, recruitment or recruitment selection
for training, including apprenticeships and volunteers. This requirement does not apply,
however, to a religious corporation, association, educational Institution or society wlth respect to
the employment of individuals of a particular religion to perform work connected wlth the
carrying on by such corporation, association. educational Institution or society of its activities.
b. Nondiscrimination laws and policies (such as RCW 49.60, Washington's Law Against
Discrimination. and TItle Vii of the Civil Rights Act).
8. AMERICANS WITH DISABIUTlES ACT (ADA) OF 1990, PUBUC LAW 101-336. 42 U.S.C. S 12101
et seq. and 28 C.F.R Part 35 and other Implementing regulations. The Contractor must comply wlth the
ADA, which provides comprehensive civil rights protection to individuals wlth disabilities In the areas of
employment, public accommodations. state and local government servIces. and telecommunIcation.
9. UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES (MWBE)
The Contractor is encouraged to utilize firms that are certified by the Washington State Office of
Minority and Women's Business Enterprises as minority-owned and/or women-owned In carrying out
the purposes of this contract.
10. PUBUCITY
The Contractor agrees to submit to the Department all advertising and publicity relating to this contract
wherein the Depertmenfs name is mentioned or language used from which the connection of the
Department's name may, in the Department's Judgment, be Inferred or implied. The Contractor agrees
not to publish or use such advertising and publicity wlthout the prior written consent of the Department
11. DISCLOSURE
The use or disclosure by any party of any information concerning the Department for any purpose not
directiy conn691ed w1th the administration of the Department's or the Contractor's responsibilities with
respect to services provided under this contract Is prohibited except tiy prior written consent of the
Department.
12. CERTIFICATION REGARDING DEBARMENT SUSPENSION OR INELIGIBILITY
If federal funds are the besls for this contract, the Contractor certifies that neither the Contractor nor its
principals are presently debarred, suspended, proposed for debarment, declared Ineligible, or
voluntarily excluded from participating in this contract by any federal department or agency. If
requested by the Department, the Contractor shall complete and sign a Certification Ragarding
Debarment, Suspension, lnallglbllity, and VOluntary Exclusion form. Any such form completed by the
Contractor for this Contract shall be incorporated into this Contract by reference.
PSIC Grant Program
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Clallam County
E08-356
'Further, the Contractor agl\o.O not to enter Into any arrangements o....<<>ntracts related to this grant with
any party that is on the "General Service Administration List of Parties Excluded from Federal
Procurement or Non-procuremer:rt Programs" which can be found at www.eDls.aov.
13. UMITATlON OF AUTHORITY - "Authorized Signature"
The signatories to this contract represent that they have the authority to bind their respective
organizations to this contract. Only the assigned Authorized Signature for each party, or the assigned
delegate by writing prior to action, shail have the express, Implied, or apparent authority to alter,
amend, modify, or waive any clause or condition of this contract. Furthermore, any alteration,
amendment, modification, or waiver of any clause or condition of this contract is not effective or binding
unless made In writing and signed by the Authorized Slgnature(s).
14. CONTRACTOR NOT EMPLOYEE -INDEPENDENT STATUS OF CONTRACTOR
The parties intend that an Independent contractor relationship will be created by this contract. The
Contractor and/or employees or agents performing under this contract ar.e not employees or agents of
the Department in any manner whatsoever, and will not be presented as nor claim to be officers or
employees of the Department or of the Stete of Washington by reason hereof, nor will the Contractor
and/or employees or agents performing under this contract make any claim, demand, or application to
or for any light, privilege or benefit applicable to an officer or employee of the Department or of the
Stete of Washington, Including, but not limited to, Worker's Compensation coverage, unemployment
insurance benefits, social security benefits, retirement membership or credit, or privilege or benefit
which would accrue to a civil service employee under Chapter 41.06 RCW.
It Is understood that If the Contractor Is another state department, state agency, state unIversity, state
college, state community college, state board, or state commission, that the officers and employees ara
employed by the state of Washington In their own right.
If the Contractor is an Individual currentiy employed by a Washington State agency, the Department
shall obtain proper approval from the employing agency or institution. A statement of "no conflict of
interest" shall be submitted to the Department.
15. NONASSIGNABILITY
This contract, the work to be proVided under this contract, and any claim arising thereunder, are not
assignable or delegable by either party In whole or In part, without the express prior written consent of
the other party, which consent shall not be unreasonably withheld.
16. SUBCONTRACTING
Neither the Contractor nor any subcontractor shall enter Into subcontracts for any of the work
contemplated under this contract without obtaining prior written approval of the Department. Contractor
shall use a competitive process in award of any contracts with subcontractors that are entered Into after
original contract award. All subcontracts entered Into pursuant to this contract shall incorporate this
contract In full by reference. In no event shall the existence of the subcontract operete to release or
reduce the liability of the Contractor to the Department for. any breach In the performance of the
Contractor's duties. The Military Department may request a copy of any and/or all subcontracts for
work being completed under this contract.
17. CONTRACT MOOIFICATIONS
The Department and the Contractor may, from time to time, request changes to the contract or grant
Any such changes that are mutually agreed upon by the Department and the Contractor shall be
incorporated herein by written amendment to this contract. It Is mutually agreed and understood that
no alteration or variation of the terms of this contract shall be valid unless made In writing and signed by
the parties hereto, and that any oral understanding or agreements not Incorporated herein, unless
made In writing and signed by the parties hereto, shall not be binding.
18. SEVERABIUTY
In the event any term or condition of this contract, any provision of any document Incorporated by
referance, or application of this contract to any person or circumstances Is held Invalid, such Invalidity
shall not affect other terms, conditions, or applications of this contract which can be given effect without
the invalid term, condition, or application. To this end, the terms and conditions of this contract are
declared severable.
PSIC Grant Program Page 9 of 16 Clallam County
EOa.356
19. ADVANCE PAYMENTS PtwrllBITED WI(
The Department shall make no payments In advance or In anticipation of goods or services to be
provided under this contract. Contractor shaII not Invoice the Department In advance of delivery of such
goods or services.
20. TAXES, FEES AND LICENSES
Unless otherwise provided In this contract, the Contractor shall pay for and maintain In current status all
taxes, unemployment contributions, fees, licenses, assessments, permit charges and expenses of any
other kind for the Contractor or Its staff. required by statute or regulation that are necessery for contract
performance.
21. TRAVEL AND SUBSISTENCE REIMBURSEMENT
Unless the contract specifically provides for d~rent rates, any travel or subsistence reimbursement
allowed under the contract shall be paid in accordance with rates set pursuant to RCW 43.03.050 and
RCW 43.03.060 as now existing or amended. The Contractor may be required to provide to the
Department copies of receipts for any travel related expenses other than meals and mileage (example:
parking lots that do not provide receipts) that are authorized under this contract.
22. GOVERNING LAW AND VENUE
This contract shall be construed and enforced In accordance with, and the velidity and performance
hereof shall be governed by, the laws of the state of Washington. Venue of any suit between the
parties arll!ing out of this contract shall be the Superior Court of Thurston County, Washington.
23. HOLD HARMLESS AND INDEMNIFICATION
Each perty to this contract shall be responsible for injury to persons or damage to property resulting
from negligence on the part of itself, Its employees, egents, officers, or subcontractors. Neither party
assumes any responsibility to the other party for the consequences of any act or omission of any third
party.
24. WAIVER OF DEFAULT
Waiver of any default or breach shall not be deemed to be a waiver of any other or subsequent default
or breach. Any waiver shall not be construed to be a modification of the terms of this contract unless
stated to be such In writing signed by The Adjutant General or the Authorized Signature for the
Department and attached to the original contract.
25. DISPUTES
The perties shall make every effort to resolve disputes arising out of or relating to this contract through
discussion and negotiation. Should discussion and negotiation fail to resolve a dispute arising under
thls contract, the parties shall select a dispute resolution team to resolve the dispute. The team shall
conslst of a representative appointed byeech party and a third representative mutually agreed upon by
both parties. The team shall attempt, by majority vote, to resolve the dispute.
Both parties agree that this disputes process shall precede any action in a Judicial or quasi-JUdicial
tribunal. Nothing in this section shall preclude the parties from mutually agreaing to a different dispute
resolution method In lieu of the procedure outlined above.
26. ATTORNEY'S FEES
In the event of litigation or other action brought to enforce contract terms, or alternative dispute
resolution process, each party agrees to bear Its own attorney's feas and costs.
27. LOSS OR REDUCTION OF FUNDING
In the event funding from state, federal, or other sources Is withdrawn, reduced, or limited in any way
after the effective date of this contract and prior to normal completion, the Depertment may reduce Its
scope of work and budget or unilaterally terminate all or part of the contract as a "Termination for
Cause., without providing the Contractor an opportunity to cure. Alternatively, the parties may
renegotiate the terms of this contract under .Contract Modlflcatlons. to comply with new funding
limitations and conditions, although the Department has no obligation to do so.
PSIC Grant Program
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ClalJam County
E08-356
28.
TERMINATION OR SUSP~ION FOR CAUSE -'
In the event the Department, In Its soJe discretion, determines the Contractor has failed to fulfill in a
timely and proper manner Its obilgations under this contract, Is In an unsound financial condition so as
to endanger performance hereunder, Is In violation of any laws or regulations that render the Contractor
unable to perform any aspect of the contract, or has violated any of the covenants, agreements or
stipulations of this contract, the Department has the right to immediately suspend or terminate this
contract in whole or In part.
The Department may notify the Contractor in writing of the need to take corrective action and provide a
perlod of time in which to cure. The Department is not required to allow the Contractor an opportunity
to cure if It is not feasible as determined solely within the Departmenfs discretion. Any time allowed for
cure shall not diminish or eliminate the Contractor's liability for damages or otherwlse affect any other
remedies available to the Department. If the Department allows the Contractor an opportunity to cure,
the Department shall notify the Contractor in writing of the need to take corrective action. If the
corrective action Is not taken within ten (10) calendar days or as otherwlse speCified by the Department,
or if such corrective action Is deemed by the Depertment to be insufficient, the contract may be
terminated in whole or in part.
The Department reserves the right to suspend all or part of the contract, withhold further payments, or
prohibit the Contractor from Incurring additional obligations of funds during investigation of the alleged
compRance breach, pending corrective action by the Contractor, If allowed, or pendIng a decision by the
Department to terminate the contract in whole or In pert.
In the event of termination, the Contractor shall be liable for all damages as suthorized by law, including
but not limited to, any cost difference between the original contract and the replacement or cover
contract and all administrative costs directly related to the replacement contract, e.g., cost of
administering the competitive solicitation process, mailing, advertising and other associated staff time.
The rights and remedies of the Department provided for In this section shall not be exclusive and are in
addition to any other rlghts and remedies provided by law.
If It is determined that the Contractor: (1) was not In default or material breach, or (2) failure to perform
was outside of the Contractor's control, fault or negligence, the termination shall be deemed to be a
"Termination for Convenience".
29. TERMINATION FOR CONVENIENCE
Notwithstanding any provisions of this contract, the Contractor may terminate this contract by providing
written notice of such termInation to the Department's Key Personnel Identitled In the contract,
specifying the effective date thereof, at least thirty (30) days prior to such date.
Except as otherwlse provided In this contract, the Department, in Its sole discretion and In the best
Interests of the State of Washington, may terminate this contract in whole or In part by providing ten
(10) calendar days written notice, beginning on the second day after mailing to the Contractor. Upon
notice of termination for convenience, the Department reserves the right to suspend all or part of the
contract, withhold further payments, or prohibit the Contractor from incurring additional obligations of
funds. In the event of termination, the Contractor shall be liable for all damages as authorized by law.
The rights and remedies of the Department provided for in this section shall not be exclusive and are In
addltlon to any other rights and remedies provided by law.
30. TERMINATION PROCEDURES
In addition to the procedures set forth below, if the Department terminates this contract, the Contractor
shall follow any procedures specified in the termination notice. Upon termination of this contract and in
addition to any other rights provided in this contract, the Department mey require the Contractor to
deliver to the Department any property specifically produced or acquired for the performance of such
part of this contract as has been terminated.
PSIC Grant Program
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Clallam County
EOa-356
If the termination Is for cor,,-,tfence, the Department shall pay to th.oooContractor the agreed upon price,
if separately stated, for properly authorized and completed work and services rendered or goods
delivered to and accepted by the Department prior to the effective date of contract termination, and the
amount agreed upon by the Contractor and the Department for (i) completed work and services anellor
equipment or supplies provided for which no separate price Is stated, (II) partially completed work and
services and/or equipment or supplies provided which are accepted by the Department, (Iii) other work.
services and/or equipment or supplies which are accepted by the Department, and (Iv) the protection
and preservation of property.
Failure to agree with such amounts shall be a dispute within the meanIng of the "Disputes" clause of
this contract. If the termination Is for cause, the Department shall determine the extent of the liability of
the Department The Department shall have no other obligation to the Contractor for termination. The
Department may withhold from any amounts due the Contractor such sum as the Department
determines to be necessary to protect the Department against potentlalloss or liability.
The rights and remedies of the Department provided in this contract shall not be exclusive and are In
addition to any other rights and remedies provided by law.
After receipt of a notice of termination, and except as otherwise directed by the Department in writing,
the Contractor shall:
a. Stop work under the contract on the date, and to the extent specified, In the notlce;
b. Place no further orders or subcontracts for materials, services, supplies, equipment anellor
facilities in relation to this contract except as may be necessary for completion of such portion of
the work under the contract as is not terminated;
c. Assign to the Department, In the manner, at the times, and to the extent directed by the
Department, all of the rights, title, and Interest of the Contractor under the orders and
subcontracts so terminated, in which case the Department has the right, at Its discretion, to
settle or pay any or all claims arising out of the termination of such orders and subcontracts;
d. Settle all outstanding liabilities and all claims arising out of such termination of orders and
subcontracts, with the approval or ratification of the Department to the extent the Department
may require, which approval or ratification shall be final for all the purposes of this clause;
e. Transfer title to the Department and deliver in the manner, at the times, and to the extent
directed by the Department any property which, If the contract had been completed, would have
been required to be furnished to the Department;
f. Complete performance of such part of the work as shall not have been terminated by the
Department In compliance with all contractual requirements; and
g. Take such action as may be necessary, or as the Department may require, for the protection
and preservation of the property related to this contract which is In the possession of the
Contractor and In which the Department has or may acquire an interest.
MG Approved 9/12/2007
PSIC Grant Program
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Clallam County
E08-356
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.."
Exhibit B
STATEMENT OF WORK
Public SlIfety Interoperable Communications Program
INTRODUCTION: The Washington State Military Department (the Department) Is responsible for programs
designed to prepare and improve the State's abUily to respond to a catastrophic disaster or terrorist attack.
The Department has received funds from the NatIonal Telecommunications and Information Administration
(NTIA) administered through the U.S. Department of Homeland Security (DHS) for the Public Safety Interoperable
Communications Grant Program (PSiC). The Department is providing funds to public safety agencies for
projects to enhance the Interoperable communications capabilities In responding to catastrophic disasters or
terrorist incidents.
Clallam County, as the Contractor, has been awarded $7,378,500 for its approved project Homeland
Security Regions 1 and 2 Interoperablllty, to complete a digital microwave transport; expand the Integrated
Wireless Network Project 25 trunked communication system; upgrade the existing Radio Over Intemet
Protocol (RoIP) network in Homeland Security Region 2 and expand it to Homeland Security Region 1; close
Interoperablllty gaps; create multi-jurisdictional communications facilities; and increase Interoperablllty
coverage by 80%.
THE CONTRACTOR AGREES TO:
1. Perform project tasks. Including: work with Washington State Patrol and all supportfng agency stakeholders
to identify system needs; perform assessments of current inventory and capability; perform system design;
procure needed equipment; Install systems; attend equipment and systems vendor training; perform final
system testing to ensure system design specifications are met; and exercise with ~II supporting agency
stakeholders.
2. Out of the $7,378,500 contract total, pass-through no less than $2,359,000 in project funding to
WaShington State Patrol (WSP) for WSP's portion of the Homeland Security Regions 1 and 2
Interoperabllily project. This pass-through funding must be obligated to WSP no less than sixty (60) days
from the execution date of this Contract between the Military Department and Clallam County.
3. Plen and implement equipment purchases and other actlvitles in accordance with PSIC Program Grant
Guidance, which can be found at hllD:lfwww.oID.usdoi.aov/odD/arantsDroarams.htm. as well as all
subsequent policy changes. These requirements must be passed on to all of the Contractor's
subcontractors, and monitor6d through periodic review of expendftures and equipment Inventories.
4. Submit all Intended equipment purchases to the Department for review and approval by the Washington
State Committee on Homeland Security (CHS) Equipment Subcommittee prior to purchase.
5. Submit all Intended construction and renovation projects to the Department for review and approval by
DHS and NTIA prior to prior to commencement of construction and renovation work.
6. Purchase equipment and ensure delivery, Installation, testing and verification of satisfactory performance of
all equipment prior to the end of the performance period. Purchase equipment through the Westem States
Contracting Alliance (WSCA) Washington State equipment procurement contracts. which can be accessed
at htto:/fwww.aboutwsca.orolwelcome.cfm. Purchases over $1.000 in value which' cannot be made
through WSCA will be submitted to the Department for approval prior to purchase. this requirement must
be passed on to all of the Contractor's subcontractors.
7. Mark, when practicable, any equipment purchased with grant funding, as follows: .Purchased with funds
provided by the U.S. Department of Homeland Security..
8. Adhere to DHS requirements that sole source contracts over $100,000 be reviewed and approved by the
Department prior to execution of a contract. this requirement must be passed on to all of the Contractor's
subcontractors. This requirement must be passed on to all of the Contractor's subcontractors.
9. Adhere to DHS requirements that all contrects with Individual consultants charging an excess of $450 per
day, and not compelltively bid, must be approved by the Department before the contract is executed. This
requirement must be passed on to alf of the Contractor's subcontractors. The Contractor Is responsible for
reviewing Its subcontractors' consultant contract Justifications.
PSIC Grant Program
Page 13 of 16
CIaUam County
E08-356
10. RePort progress on dellvera~ and advise the Department, In writlry'of necessary adjustments to the
content of the contract.
11. Report regular progress on dellverables to the Washington State Interoperabllity Executive Committee
(SIEC) and the Department. Failure to meet all of the reporting deadlines in the Milestone T1mellne will
prohibit the Contractor from being reimbursed, and will put a freeze on the processing of equipment
approvals, while reports are outstanding.
12. Adhere to all financial and procurement guidance, including competitive bid processes and other
procurement requirements as documented In the Office of Grant Operations Financial Management Guide
found at htto:llwww.dhs.aov/xllbrerv/assetslGrents AnanclaIManaaementGulde.odf. Lacel and state
procurement and contracting regulations take precedence over these requirements when lacel and state
regulations are more stringent.
13. Demonstrate a cesh or In-kind non-federal match of not less than 20% of the total Acquisition and
Deployment costs as outlined in the Budgat Sheet, Exhibit C attached.
14. Submit, at a maxlmum monthly and at a minimum quarterly, signed and approved Invoice vouchers using
the State's A-19 form al')d the Department's Reimbursement Spreadsheet form detailing the expenditures.
These forms can be found at htto:/Jemd.wa.aov/arantslarants shsaD.shtml. All requests for reimbursement
for expenses requiring a non-federel match will Include. a statement demonstrating how match
requirements are being met. Requests for reimbursement of equipment purchases wlll include copies of
vendor Invoices and packing slips. Requests for reimbursement not signed by the Contractor's proper
authorlzlng authority, as indicated on the Signature Authorization Form, wlll be returned to the Contractor.
15. Ensure full compliance with National Incident Management System (NIMS) requirements. Information
about compliance requirements can be found on" FEMA's NIMS Integration Center (Nle) web site,
htto:llwww.fema.aov/emeroencv/nlms/nlms comDllance.shtm.
THE MIUTARY DEPARTMENT AGREES TO:
1. Provide technical assistance, expertisa and state coordination wlth DHS and NTIA where necessary.
2. Reimburse the Contractor wlthin 45 days of receipt and approval of signed, dated invoice vouchers (State
fonn A-19) and all documentation of expenditures as required.
PSIC Grant Program
Paga140'16
Clallam County
E08-356
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.."
Milestone Tlmenne
Public Safety Interoperable Communications Program
MILESTONE TASK
October1,2007 Grent performance period begins.
June-July 2007 Contract execution.
August 15, 2008 Project Progress Report submitted.
August-8eptember Contract execution between Clallam County and WSP.
October 15,2008 Project Progress Report submitted.
December is, 2008 Project Progress Report submItted.
February 15, 2009 Project Progress Report submitted.
April 15,2009 Project Progress Report submitted.
June 15, 2009 Project Progress Report submitted.
August 15, 2009 Project Progress Report submitted.
October is, 2009 Project Progress Report submitted.
December 15,2009 Project Progress Report submitted.
February is, 2010 Project Progress Report submitted.
April 15, 2010 Project Progress Report submitted.
June 15,2010 Project Progress Report submitted.
August is, 2010 Project Progress Report submitted.
September 30, 2010 Final Report submitted.
September 30,2010 Contract ends; all work ceases.
No later than October 30, 2010 All flna/lnvoices submitted for reimbursement.
PSIC Grant Progmm
Page 150'16
ClaUam County
E08-356
TRAINING
- ..., exhibit C
BUDGET SHEET
FFY 2007 Public Safety Interoperablllty Program
Clallem County
SUbcateaorv Funding Source: 773PC
Salaries & Benefits $ 50,000
Goods & SeNices $ 2,215
Travel & Per Diem $ 5,500
SubcontractorslConsullants $
Other (Indirect) $
I Total $ 57.715 I v
Subcateaorv Funding Source: 773PD
Salaries & Benefits $
Goods & Services $ 9,930
Travel & Per Diem $ 4.500
SubconuactorslConsullants $ 380,000
Other (Indirect) $
Equipment $ 6,414.ClOO
ITotal $ 6,808,430.00 I y
Subcateaorv Funding Source: 773PG
Salaries & Benefits $
Goods & Services $
Travel & Per Diem $
SobcontrectorslConsullants $ 194,000
Operations & Maintenance $ 221,355
Other (I ndlrect) $
EqUipment $ -
.1 Total $ 415.355 I ..,.
Total Budget $ 7,378,500 - 7. .i . . ~ "
Total Match ReqUirement $ 1,805,946/ '.,Vi ql'7 )t?!J
dlf';" ..
ACQUISITION
DEPLOYMENT
Netas:
F1. Expenditures may occur only within tile categories and subcategories listed above. However, cllenges of up to 10% within
mstched (Acquisition and Deployment) and unmatched (Plennlng and Training) categories can be made without prior approval
from the Departmenl Changes between matched and unmatched categories, or that exceed 10%, require the Contractor
submh s budget change request to the Department for approval
F2. G&T Grant program requirements affirm that federal funds wm be used to supplement existing funds, and wPl not replace
(supplant) funds that have bean appropriated rorlhe same purpose.
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PSIC Grant Program
Page 160f16
ClaHam County
E08-356
'_ --r- _ -" ~"1:
Contract #
MEMORANDUM OF UNDERSTANDING
BETWEEN
JEFFERSON COUNTY (JEFF-COM 911)
AND CLALLAM COUNTY
1. THIS AGREEMENT, made pursuant to RCW 39.34, and the authority set forth in RCW
10.93, is entered into this day of . 2011, jointly by and between
JEFFERSON COUNTY and JEFFCOM 911 ("JEFFERSON") and CLALLAM COUNTY, a
political subdivision of the State of Washington (hereinafter referred to as .COUNTY").
This agreement sets forth the agreed upon procedures for management, accountability,
direction, reporting and execution of the process, hereinafter referred to as the PSIC
project.
2. THE PURPOSE OF THIS AGREEMENT IS TO memorialize the terms under which the
COUNTY will allow JEFFERSON, to acquire equipment, software, and/or services in the
category of CAD I Records Management Systems, to complete approved interoperability
projects. This installation is part of the Public Safety Interoperability Communications
Grant (PSI C) awarded to Clallam County and funded by the National Telecommuni-
cations and Information Administration (NTIA) and administared through the U.S.
Department of Homeland Security (DHS). The program is administered through the
Washington State Military Department
NOW, THEREFORE IT IS MUTUALLY AGREED THAT:
3. SCOPE OF WORK: The MOU defines the PSIC project scope of work and the
responsibilities of the parties to the agreement
4. INDEMNIFICATION: Each party will defend, indemnify, and hold the other harmless from
and against any and all claims and/or liabilities arising out of the terms of this agreement
that reiate to its own intentional and/or negligent acts and/or omissions.
5. DURATION: This Agreement shall be effective on the date signed and shall continue
until June 30, 2011, subject to its other provisions.
6. CONTACT PERSONS: JEFFERSON and the COUNTY will each appoint a
representative who will be responsibie for the administration of this Agreement. Unless
otherwise designated in writing, the JEFFERSON contact person will be the Director of
JEFFCOM 911. The COUNTY contact person will be the PSIC Grant Coordinator
through the Clallam County Sheriff Dept Chief Civil Deputy.
7. COMPENSATION AND MATCH: The COUNTY, utilizing PSIC federal grant funding, will
provide funding to JEFF-COM 911 in the amount not to exceed of ONE HUNDRED
TWENTY THOUSAND AND NOl100 DOLLARS ($120,000.00) to complete the work
identified in #2 above.
1
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JEFFERSON agrees to provide not less than 20% cash or in-kind non-federai match
identified in the PSIC grant required for the total acquisition and deployment costs of the
COUNTY approved interoperability projects.
JEFFERSON will provide fully completed reimbursement and match forms in a=rdance
with the terms and conditions of the attached Contract between Washington State Military
Department and Clallam County (Contract Number E08-356) hereinafter referred to as
"PSIC Contract". The PSIC Contract is identified as Exhibit A
COUNTY will submit all completed forms to the Washington State Military Department for
reimbursement Upon receipt of payment from the Washington Stete Military Department,
COUNTY will submit payment to JEFFERSON.
8. TERMS AND CONDITIONS: JEFFERSON will comply with all terms, conditions, and
requirements stated in the PSIC Contract
9. DISPUTE RESOLUTION: In the event that a dispute arises under this agreement, it shall
be determined in the following manner.
JEFFERSON shall appoint a member to the Dispute Board. The COUNTY will appoint a
member to the Dispute Board. JEFFERSON and the COUNTY will jointiy appoint a
member to the Dispute Board. In the event JEFFERSON and COUNTY are not able to
jointiy agree on a third member to serve on the Dispute Board, either party may petition
the Superior Court for Clallam County to appoint a third member to the Dispute Board.
The Dispute Board shall evaluate and adjudicate the dispute. The determination of the
Dispute Board shall be final and binding on the parties hereto.
10. SECURITY: It is the intent of the parties that the PSIC 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."
11. SEVERABILITY: If any provision of this agreement or any provision of any law, rule, or
document incorporated by reference into this agreement, shall be held invalid, such
invalidity shall not affect the other provisions of this agreement which legally can be given
effect without the invalid provision. To this end, the provisions of this agreement are
declared to be severable.
12. AGREEMENT ALTERNATIONS AND AMENDMENTS: JEFFERSON and the COUNTY
may mutually amend this agreement Such amendments shall not be binding unless they
are in writing and signed by personnel authorized to bind JEFFERSON and the COUNTY.
13. TERMINATION: Except as otherwise provided for in this agreement, either party may
terminate this agreement upon thirty (30) days written notice. If this agreement is so
terminated, the terminating party shall be liable only for performance rendered or costs
incurred in a=rdance with the terms of this agreement prior to the effective date of
termination.
14. JEFF-COM 911 STAFF: JEFFCOM 911 staff providing services under the terms of this
Agreement shall be under the direct command and control of the JEFFCOM 911 Director
or designee and shall perform the duties required by this Agreement in a manner
consistent with JEFFERSON COUNTY I JEFFCOM 911 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 a=mplish the purpose of this
Agreement shall be at the discretion of the Director or designee.
2
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15. SERVICES: Maintenance of the equipment, software, and lor services purchased by
JEFFERSON in accordance with this Agreement shall remain the responsibility of
JEFFERSON. JEFFERSON shall be responsible for any and all ongoing monthly service
or maintenance charges payable to the vendor or their assigns Installed under this
Agreement JEFFERSON shall be responsible for providing the inventory of equipment
as required in the PSIC Contract to CLALLAM.
16. COMPLETE EXPRESSION: This Agreement, and any written attachments or
amendments thereto, constitutes the complele agreement of the parties and any oral
representations or understanding not Incorporated herein are excluded.
17. ALL WRITINGS CONTAINED HEREIN: IN WITNESS WHEREOF, JEFFERSON and
CLALLAM have signed this agreement as of the date and year written below:
Ja Silvus, Director
JE FCOM 911
Dele: 4-/9- / I
Address:81 -- 6;" .s IRd
pbYJ- "" ~1; li 1>>)1-. rtH:::9
Phone: 3t.o - ~l{(!: 9rJ:.
Fax: 3bo - 3 - 9. 1
Email: .1S;lvuS(i).!f.PSAJ.U.s
W. L. Benedict, Sheriff
Clallam County Sheriffs Office
Date:
Howard V. Doherty, Chair
Clallam County Commissioners
..........................., Chairman
Jefferson County Commissioners
Date:
Date:
Approved as to Form:
Approved as t;> form only:
~ 1)lql~
Office
Mark Nichols, Chief Deputy Prosecuting
Attomey
Date:
ATTEST BY:
Trish Holden, CMC, Clerk of the Board
Date:
3