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JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO:
Board of Commissioners
Philip Morley, County Administrator
RE:
Sheriff Tony Hernandez
NovemberA2011
MOU with ~1rine Exchange of Puget Sound acting as
Fiduciary Agent for the FY2009-PU- T9-K044 FEMA
Homeland Security Port Security Grant Program (pSGP)
FROM:
DATE:
STATEMENT OF ISSUE:
Jefferson County Sheriff's Office has been allocated funds in the form of a grant for
construction of a 25-28 foot marine vessel as part of a Homeland Security Vessel program to
enhance local agencies' ability to deliver layered protection in the Puget Sound waterways.
Marine Exchange of Puget Sound has an agreement with FEMA to act as the fiduciary agency
for these funds. The Sheriff's Office is asking the Board of Commissioners to enter into an
agreement with Marine Exchange as FEMA's pass-through agent to receive these funds.
ANALYSIS:
Jefferson County Sheriff's Office protects 1800 square miles of land mass and 300 miles of
waterway and is bordered by the Pacific Ocean on the west end. The service area includes 2
state highways & the Hood Canal Floating Bridge (HCFB). The HCFB is the world's longest
floating bridge on a salt-water tidal basin; 7,869 ft long. Accordingto the W A State Dept. of
Transportation 2006 statistics, nearly 600,000 vehicles cross back and forth across the HCFB
on a monthly basis. Besides being the main travel route onto the North Olympic Peninsula, the
HCFB is also critical infrastructore to National Security Homeland Defense. It crosses the
water that leads to and from Bangor, the largest West Coast US Navy submarine base. In
addition, fully loaded military vehicles transporting ammunition and ordnance regularly transit
the district along Washington's State Route 104 and cross the strategically and economically
important Hood Canal Bridge enroute to United States Naval Magazine Indian Island, a major
weapons handling facility. Finally, we protect two international shipping lanes that serve the
Ports of Seattle and Tacoma as well as an International Port of Entry in Pt. Townsend.
By state WAC 352-65-040, it is the Sheriff's responsibility to respond to and/or coordinate
response to boating emergencies within its jurisdiction. The Sheriff's Office current boat is
over 15 years old and, due to age and nse, is not well suited to open water operations. The
new vessel will be capable of open water response.
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. FISCAL IMPACT:
~cc,The totalcost of the l,1ewvessel is $310,520. The Sheriff's Office has been awarded agraIlt
for $232.890 with a match of $77,630. The Sheriff's Office bas aceumu1atedvessel
registrittfon feeS in its Boating SafetyF1)Ild towards the match. Each year under WAC
88;02.045, the Sheriff's Office is alloCated a portion of vessel registrations fees paid totb.e
state. As IDandated by WAC. these funds are deposited in an account dedicated solely for
supportingthejurisdiction's boating safety programs.
The boat will be constructed in. 2012 and the projected 2011 fund year end cash balance and
already committed vesselregistrationfees to be received in 2012 will covet the match. Vessel
registration fees. forsul>sequent years along with boating safety grants will covermaintenanee
and operation of the vessel Funds covering the addition of this vessel will be provided by the
Boating Safety Fund, which is dedicated solely to the operation of the Sheriff's BoaUng.Safety
Program. The General Fund will notbeimpacted bY this grant.
RECOMMENDATION:
. .
. .
Approve MOU... This gram will provide a much needed veSselfor our BoatingSafetyProgram
at no cost to the General Fund. . .
..DEPARTMENTCONTACT:
Sheriff Hernand~
REVIEWED BY:
~4
l/fg4
Date
III'i -. ~,
'-I- .
PSGP FY09 MEMORANDUM OF AGREEMENT (MOA)
Between
MARINE EXCHANGE OF PUGET SOUND
And
JEFFERSON COUNTY SHERIFF'S OFFICE
This Agreement is made and entered into by and between Northwest Maritime Advisory Service, dIbIa
Marine Exchange ofPuget Sound ("Marine Exchange"), a Washington corporation, and Jefferson County
Sheriffs Office ("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 70 I 07 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 A ward") 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) (D(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, enviromnental 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 alIocation of funds from grant award 2009-PU-
T9-K044 ("the Subaward") for the following Project(s):
. 2009-PU-T9-K0444I, Homeland Security Vessel & Trailer
,
WHEREAS, Subgrantee will plan, develop, and execute that (those) Project(s) in accordance with and as
defined in the U(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 Prqject 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 constitote the effective date of the Suhaward.
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 environmeutal and permitting reqnirements lies
exclusively with the Subgrantee.
c. Subgrantee shall not begin any work on any Project, including any obligation of funds, until
informed by the FA that the Subaward for that Project is effective.
d. Prior to beginning the Project(s), Subgrantee shall provide the following assurances to the FA:
. SBA Form 1623 - Certification Regarding Debarment, Suspension, and Other Responsibility
Matters
. Certification Regarding Drug-Free Workplace Requirements
. U.S. Dept. of Commerce Form CD-511 - Certification Regarding Lobbying
. Standard Form LLL - Disclosure of Lobbying Activities (only ifSubgrantee has engaged in
lobbying)
. Standard Form 242B - Assurances - Non-Construction Programs (if project is not a
construction project)
. Standard Form 2420 - 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..
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 af 17
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
infonnation necessary to detennine 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 acceptabie 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 bave 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-I 02)
o For all other Subgrantees: 2 CFR Part 215 (OMB Circular A-lIO)
. With regard to cost principles:
o For state, local, and tribal governments: 2 CPR 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 Forfor-profits: 48CFRPart31 (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 10 Guidance
The FA will provide technical assistance where possible, but Subgrantee shall be responsible for
familiarity and compliance with relevant federal statutes, regulations, and PSGP guidance.
Subgrantee shall also assure that where applicable, all recipients of grant funds also comply.
Subgrantee's obligation to comply with these statutes, regulations, and guidance exist separate and
apart from this MOA and shall survive expiration or earlier termination of the MOA.
b. Subgrantee shall be additionally guided and governed by, and shall strictly adhere to, the
requirements in "Marine Exchange of Puget Sound PSGP Procurement and Purchasing Policies
and Procedures" which is hereby incorporated by reference and made a non-severable part of this
Agreement Marine Exchange shall make changes in that document when required in order for
Subgrantee to comply with federal laws, regulations, or policy, and shall inform Subgrantee by
electronic or other written means within five (5) business days of such changes.
MOA Page 3 of 17
c. The FA and Subgrantee agree to abide by all Special Conditions of the Cooperative Agreement in
Appendix A. Subgrantee shall also comply with the following requirement specified by FEMA as
a condition of Subaward approval: NA
d Subgrantee agrees to use all reasonable means to complete the Project(s) by March 31, 2012. If all
reasonable means have been used and the Project(s) cannot be completed by that date, the FA will
attempt to obtain one or more project performance period extensions from FEMA, but in no case
will extensions for project completion, including filing of final reports, be granted beyond June 30,
2014.
e. The FA is the primary contact with FEMA regarding projects under this MOA. If Subgrantee has
any questions, problems, or issues regarding projects, Subgrantee should make every possible
attempt to resolve them with the FA rather than contacting FEMA. The FA will, in any event, be
involved in any resolution handled in coordination with FEMA.
f. Subgrantee must get FA approval for any major project changes, including but not limited to
project intent or scope, including location or capability of equipment, equipment or services not
included in the original U 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 shaII not enter into any
contract and/or purchase agreement for the amended scope or budget until the FA provides notice
by electronic or other written means that the change is approved
g. Subgrantee shall not enter into contracts and/or purchase agreements for execution of the Project(s)
for any items and services except those that are listed, specifically or as part of a group of items or
services, in the approved budget for that Project in Appendix B, as revised in accordance with
paragraph 2.f. of this MOA.
h. All contracts for execution of any Project shall provide that Subgrantee, or the designated
coordinator if Subgrantee is a consortium, shall retain ultimate control and responsibility for the
proper execution of the Project and that contract and purchasing requirements as detailed herein,
including those in Appendix A, will also apply and bind any contractor, consultant or vendor when
so required by federal statute and regulations.
i. In any case in which Subgrantee enters into a contract with third parties, the FA is not a party to
such a contract and shaIl not be obligated or liable for any breach of contract or other action at law
or in equity to any party other than Subgrantee.
j. Subgrantee shall maintain effective safeguards, control, and accountability for all property acquired
using funds under the Subaward and assure that it is used solely for authorized grant purposes as
described in Subgrantee's IJ(s). Title to and disposal of property shall be handled in accordance
with OMB Circulars A-102 and A-llO.
3. Monitoring and Reoorting
a. Throughout the Project(s), Subgrantee agrees to facilitate the FA's monitoring responsibilities by
providing reasonable response to requests from the FA, including but not limited to the following:
. Designation of a Project Manager with daily, hands-on involvement in the Project(s), who shall
respond to routine inquiries about the Project(s). Initial Project Manager is: I
Name: JUOIl'\. A\Je./(.t Phone: C.3l.10) 3~-aB5LJl...{"i. ~~'1
Email: .)Cc.\1e.....l@c.n..J e...f+.2.\r' SO Y\. ~a.. u. S
MOA Page 4 of 17
,
. 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: SUSlLV\ 26110... Phone: (0&0) 3'+1- 91~.s"
Email: 57..D...\.0..{iJ_Cfl>.j e.f+.e-Y' SoV\. UjO... tA....>
. 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 reqnired 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 reqnired 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 ofPuget 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 oniy certain costs are allowable under federaliaw
and the PSGP guidelines, and that FEMA's approval of Sub grantee'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 expenditores
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 l.d.
or Appendix A of this MOA, or the document titled in "Marine Exchange ofPuget Sound PSGP
Procurement and Purchasing Policies and Procedures": or
MOA Page 5 of 17
. 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 shaIl be binding on all parties thereto.
b. IfSubgrantee is a consortium, the coordinator or facilitator identified in accordance with paragreph
I.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 andlor transfer
occurring as a matter oflaw or of Sub grantee 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 maiotain the described insurance, Subgrantee shaIl indemnify,
defend, and hold harmless the FA and its officers, directors, employees, contractors, and agents,
from and agaiust 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.
f. Subgrantee shall indemnify, defend and hold harmless the FA, arising out of or related to
Subgrantee's performance under this MOA andlor 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 Sub grantee, 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.
g. Notices shall be delivered to the addresses or e-mails shown in the signature blocks of this MOA
unless one or both of the parties provide change of such contact information by electronic or other
written means.
MOA Page e of 17
.
"'" ~ ~ ~.
h.. If a dispute arises out of or relates to this MOA, or a breach thereo~ 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
collducted in the English langoage in the city of Seattle, Washington.
i. This MOA, along with the Appendices and other materials referred to in the MOA, constitute the
eutire 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 wriilitg and signed by both Parties.
This MOA shall take effect 011 the date of signing by both parties and shall remain in effect for the duration
of the Award period, ending September 30, 2014, unless termlnafP.il earlier as provided herein.
MARINE EXCHANGE OF PUGET SOUND
100 West Harrison, Suite 8-560, Seattle WA 98119
E-mail: DSlro@llIarineexchangesea.com
Dated:
Signed:
John E. Veen1jer, Executive Director
JEFFERSON COUNlY SHERIFF'S OFFICE
79 Elkins Road
Port Hadlock, W A 98339
E-mail: g.kQ\...V.\~ez.@.CD.jQ..ffe.l-6dlol..Wl.!A-$
Dated: Signed:
.J ~ '^ Y\ J\l.\.S {. i ""
Print Name
J e.ff..e.'r.SCI~Ct,L\..J;\,.k. CO fA\ ~\ 6S I {) .., ~ 1;-
TItle ~
Approved as to f.,nn only:
I1J rJ lD11
. OffIce
MOA Page 7 of 17
Appendix A
Appendix B
MOA Page 8 of 17
APPENDICES TO
PSGP FY09 MEMORANDUM OF AGREEMENT (MOA)
Between
MARINE EXCHANGE OF PUGET SOUND
And
JEFFERSON COUNTY SHERIFF'S OFFICE
Cooperative Agreement Between the Federal Emergency Management Agency and Marine
Exchange ofPuget Sound for management and administration ofPSGP grant award 2009-
PU-T9-K044
Investment Justification and Budget for PSGP grant award 2009-PU- T9-K044-4 I,
Homeland Security Vessel & Trailer Project
.
o.JHU_ ofHomeIand Security FEMA
Grant Programs Dh~,llle
PAGE 1 OF 3
Cooperative Agreement
1. RECIPIENT NAME AND ADDRESS (l1101udingZlp Codo)
__Advlimy_(DBAMarlneJlxchanse)
100 WHanison St,. Suite g..S60
_WA98199
4. AWARD NUMBER: 2OlJ9.pt)..T9-K044
.5. PROJECT PERIOD; FROM
BllOOET PERIOD: FROM
06/0112009 TO 0$13112012
00I0JJ2009 TO 0SI3112012
lA. GRANTEEIRSIVENDORNO.
VOOOO3394
6. AWARD DATE 0IJII1//21XJ9
8. SUPPLEMENTNUMBEIi
00
,. ACTION
fulllal
9. PREVIOUS AWARDAMOUNT
3. PROJECT TITLE
FY2009Port_<l<W_
10. AMOUNT OFnns AWARD
$0
$26,....,49
11. l'OTALAWARD
S 26,....,49
12. SPECIAL CONDmONS
nmABOVEORANT PROJEcr IS APPROVED SUBJECr TO SUCll CONDITIONS ORLlMITATIONS AS ARE SET FORTI!
ONnmATTACllEDPAGE(S)
13. STAnITORY AUTHORITY FOR GRANT
This project is sapportecl und<<rrntCt"ttMm.od Sccadly. Disaster ~ andCoaJi:mIiDg ApproptialionsAd:, 2009. P.L. No. 110-329
15. ME'mOD OF PAYMENT
PARS
AGENCY APPROVAL
16. TYPED NAME AND TITLE OP APPROVING DElI OPFlClAL
W.RossAshhoy,m
AssfstmtJ. 1 '1 f Grant Programs Dircctomlc
GRANTEBACCEPTANCB
18. TYPED NAME AND TI11.B OF AUTHORIZlIDORANTEE OFFICIAL
John B. v",*,
--
17. SIGNATURE OF APPROVING DHS OFFICIAL
19. SIGNATURE OF AUTIlORIZED RECIPIENT OFFICIAL
19A. DATE
~~
20. ACCOUNTING CLASSIFICATION CODES
FISCAL FUND BUD. OIV.
YEAR CODE ACT. OFC. REO.
AGENCY USE ONLY
21. PU09V40110
SUB. POMS AMOUNr
9
T
PU
10
00
00
26888149
WP FORM 400012 (REV. s.Il1) PREVlOUS EDmONS AREOBSOLETB.
MOA Page 8 0111
Approved as to form OIlYI
~ 11/1f "l:i> /1
Jefferson Co.
WP FORM 400012 (REV. 4-S8)
. .
-
/?~~
('" :<;
~~ ~
~'lD~~
-
Depm1ment ofHomeland Security
FEMA
Gran! Programs DirectonJte
AWARD CONTINUATION
SHEET
Cooperative Agreement
PAGE 2 OF 3
PROJECrNUMBER 2009-PU-T9-K044
AWARD DATE
0810712009
SPECIAL CONDmONS
I. The grmrtee and any subgrantee sba1l comply with the most recent _ of the Administrative Requirements, Cost
Principles, and Audit Requirements. A non-exclusive list ofregu1ations COIIID1ODiy applicable to DHS grants are 1isted
below:
A. Administrative Roqulrements
1. 44 CFR Part 13, Unifonn Administrative Roqulrements fur Gnmls and Cooperative AgreementS to S_ and
Local Governments
2 2 CFR Part 215, Unifonn Administrative Requirements fur Gnmls and AgreementS with Institutions of Higher
Education. Hospitals, and Other Nqn-Protlt Organizatiqns (OMB Circu1ar A-I 10)
B. Cost PrincIples
1. 2 CFR Part 225, Cost Principles fur Stale, Local and Indian Tribal Governments (OMB Circular A-87)
2 2 CFR Part 220, Cost Principles fur Edncationa1Institutions (OMB Circolar A-21)
3. 2 CPR Part 230, Cost Principles for Nqn-Protlt Organizations (OMB Circular A-I22)
4. Federal Acquisition RegnIations (FAR). Part 31.2 Contraot Cost Principles and Procedures, Conlracts with
CommercilIl Organizations
C. Audit Roqulrements
1. OMB Circular A-133, Audits ofS-. Local Governments, and Non-ProtltOrganizations
: 2. Recipient understands and agrees that it cannot use any fudeta1 ftmds, either directly or indirectly, in support of the
_en!, repea1, modlfication or adoptiqn of any law, regn1ation or policy, at any level of government, without the
: express prior written approval ofFEMA.
3. The recipient agrees that all allocatious and use oftltnds under this grant will be in accordance with the FY 2009 Port
Security Gran! Program guidsnce and app1icatiqn kit.
4. The Department of Homeland Security (DHS) has elected to enter into cooperative agreements with FY 2009 Port
Security Gran! Program (PSGP) tltnding recipients fur prqj_ tnking place within port areas identified as Group I or
Group IT ports within the FY 2009 PSGP Guidance and Applicatiqn Kit. The natnre of the Federal involvement in the
execntiqn of this program may inc1nde joint cqnduot of a Group I or Group IT project Other examples of prospective
~ Federal involvement include the fonowing:
. Conaboration. participation, and/or interventfqn in any Group I or Group IT activity covered by the cooperative
agreement;
. Approval from DHS prior to the selection ofa new Group I or Group IT project or connnencement of the next phase
of an approved Group I or Group 11 prqject;
. Authority fur DHS to hall a Group I or Group 11 activity if detailed perfurmance specificatious are not met;
. Autbority fur DHS to direct or redirect the scope ofwork ofa Group I or Group IT project based qn new
circnmstances; and,
. Anlhorily fur DHS to toquire Group I or Group 11 award recipients (including Sub recipients) to participate in a port
wide risk management planuing project
I
OJP FORM 400012 (REV. 4-88)
MOA Page 10 of 17
Department of Horne land Security
FEMA
Grant Prognuns Directorate
PAGE 3 OF 3
AWARD CONTINUATION
SHEET
Cooperative Agreement
PROJECTNUMBER 2009-PU-T9-K044
AWARD DATE
03/00mm
SPECIAL CONDIDONS
5. The grantee is prohibited from obligating, expending or drawing down funds provided through this award unti1.
Budget Review is completed and approved by the GIlIats 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 notU 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 aword unti1 all
applicable programmatic docoments are provided for and approved by. DHSlFEMA 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 gnide1ines adopted by the U.S.
Department of Horne land Security, including ANSI N323B-2003, ANSI N42.32-2003, ANSI N42.33-2003, and
ANSI N42.35-2004.
OJP FORM400C/2 (REV.....)
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.
Department ofH"meIand SeenrIty, FEMA
Grant Programs Directorate
lY..Jdnston,D.C 20m
Memll1'8lJllnm T,,: Ofticial Grant Fne
From:
Jeffiey Hall, OPD NEPA Liaison
Subjed:
Jncolpmates NEPA Compliance in Further DeveIClplDenta1 S1ages for Northwest
MarItime Advisory Services (DBA Marine Exchange)
The recipient shall comply with all applicable Federal, Slate, and local environmenta1 and historic
preservation (EHP) requirements and shall provide any information requested by FEMA to ensme
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 Environmenta1 Justice (12898). FaJ1ure 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 ilnpact EHP resources without the prior approval ofFEMA,
. including but not limited to communications towers, physical securif;y enhancements, new construction.
and modifications to buJ1dings that are SO 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 ofwork
will require re-evaluation fur compliance with these EHP requirements. If ground disturbing activities
occur during project ilnplementation. the recipient must ensme monitoring of ground disturbance and if
any potentia1 archeological resources are discovered, the recipient will ilnmediately cease construction in
that area and notitY FEMAand the appropriate State Historic Preservation OffIce. Any construction
activities that have been initiated prior to the full environmenta1 and bistoric preservation review will
result in a non-compliance finding.
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FY09 PSGP Investment Justification Template - Puget Sound
I. Background
I. Provide an overview of the port system in which this Investment will lake place - Max. 1 page
. Area of Operations:
a COTP Zone: Puget Sound
a Eligible port area: Port Angeles, Port Townsend, and other ports throughout the Strait of Juan De Fuca.
a Exact locatIon of project sIte: Jefferson County Sheriffs Office, Port TownsendIPort Hadlock
a Owner or operator of project sIte or equIpment, If not your own organIzatIon: Port of Port Angeles,
Port of Port Townsend
. Polnt(s) of contact for organIzatIon (include contact Information):
Authorizing OffIcial: Howard V. Doherty, Jr., Chair - Clallam County Board of Commissioners
. 223 E. 4th Street, Port Angeles, WA 98362
360-417-2233
mdohertvtl'ilco.clallam.wa.us
Project Manager: Patti Morris and POC for the Projecl on behalf of Jefferson County
223 E. 4th Street, Suite 12
Port Angeles, WA 98362
360-461-9008
omorristl'ilco.clallam.wa.us
Ownership or OperatIon:
a Jefferson County Sheriffs Office is a local agency
a Port of Port Angeles and Port of Port Townsend are MTSA regulated facilities
a Role In provIdIng layered protection of regulated entItIes: Jefferson County Sheriffs Offica has the
responsibility for homeland security protection, pravention, and response in all of Jefferson County, in
which the Port of Port Townsend is located. The City of Port Townsend Police Depl has primary
jurisdiction within the city. Jefferson Sheriff also provides support to Clallam County Sheriffs Office for Port
of Port Angeles and other areas throughout the Strait of Juan de Fuca. We provide support to Washington
State Patrol in the Hood Canal area and partner with U.S. Coast Guard in areas near Bangor U.S. Navy
submarine bese.
a Specific roles, responsIbilItIes and actIvItIes In delivering layered protectIon.
Perform Homeland Security missions including terrorism, drug smuggling, and immigration interdiction
between Canada and the United States. Partner with local, state, and federal law enforcement agencies.
Marine Patrol Offices perform MDA in the process of routine patrols. Assist the Clallam County Sheriffs
Office with law enforcement backup.
. Important features:
o . PRMP states that WSF Keystone Harbor Terminal and WSF Port Townsend Terminal are listed as 1~
and 13th highest risk facilities in the Puget Sound region-area. These facilities are in our jurisdiction and we
provide direct support to them. We provide assistence and backup to Clallum County Sheriff Office in
securiing the COHO Black Ball Ferry vessels and terminal, which according to MSRAM data is the highest
risk facility in the Puget Sound retion.
a
PRMP - Section 6.3.4 States: "Port Townsend has been Identified as a primary contributor to the strategic
risk."
a Regulated facilities in the Jefferson County Sheriffs Office AOR include Port of Port Townsend Ferry
Terminal, WSF Keystone Harbor Terminal, WSF Port Townsend Terminal, Port Townsend to SeatlIe Foot
Ferry. Other strategic risk reas include the Streit of Juan de Fuca throughout Jefferson County and the
Hood Canal Floating Bridge.
a Jefferson County Sheriffs Office Marine Unit (JCSOM) partners with Clallam County Sheriffs Office; U.S.
Coast Guard; Washin on State De artment of Fish & Wildlife; Washin on State Patrol, U.S. Customs &
MOA Page 13 of 17
Border Protection; and other law enforcement entities within the area.
o Jefferson County hes 300 miles of coast line beginning in the east end of Clallam County from the Pacific
Ocean to include Discovery Bay, two international shipping lanes that serve the Ports of Seattie and
Tacoma, as well as an International Port of Entry In Port Townsend that borders Canada.
o There is an average of 30,000 commercial vessel trips through the Strait of Juan de Fuca per year.
Approximately 600,000 vehicles cross back and forth across the Hood Canal Floating Bridge on a monthly
basis.
o All of the Jefferson County 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. Due to our close partnership with
Clallam County, all the grant funding received by CIaIlam County in recent years is leveraged by this
investment.
II. Strategic and Program Priorities
II.A. Provide a brief abstract of the Investment - Max. 1 page
The Jefferson County Sheriffs Offica Marine Unit (JCSOM) is seeking funding for a 25-28 foot marine unit with
enclosed cabin and double or triple axle trailer with the following inciuded (to be specified as 'or equivalent'
where specific vendors are named):
. 100 Gallon Fuel Tank
. Twin 175 HP Outboard Motors with 300 HP maximum
. Buoyant Motor Extension
. Marine grade aluminum hull, inflatable vessel
. Overall beam - 10 foot to 11 foot inflated
. Dual marine grade batteries with four way switch, fuse penel, Whelan LED light bar with siren and hailer
. Navigation lights, compass and mini horn, bilge pump system, searchlight and flood lights
. Two VHF and one UHF radios
. Furuno Navnet 3D Chartplotter 12.1 inch screen; Multi-display unit 6 inch screen; Furuno GP
GPSNoIAAS Navigator with 4.3 inch monitor and flush mounting kit.
. Equipped with fold down radar arch
. Reverse chine hull
. Longitudinal channels welded to bottom plate, aluminum deck
. GSP receiver, Depth sensor, heading sensor, A1S transponder
. Appropriate safety equipment
. Walk around cabin with forward leaning windshield
. GoUght Stryker low profile 500,000 candle power wired per OEM specifications
. DRSK Furuno 6kw 65 nautical miles 1.9 deg. Horizontal beam width NavNet 4 foot open ray antenna
mounted on radar arch
. Gamer-Johnson Dual FR Auto-locking docking station mounted on dash port of Furuno NavNet 3 D
12.1 monitor
. 4 Santa Cruz gun locks mounted on cailing of cabin on port and starboard side of grab rail.
. Solar powered vent in cabin roof.
[Vessel AEL 17WS-00-WCPS, Trailer AEL 12TR-OO-TEQP]
The vessel will be stored at Port Ludlow Marina, but for additional flexibility, it will be trailerable and can be used
to respond 24x7 from either it's Port Ludlow moorage location or from other leunch ramps. We have sufficient
staff to operate both vessels. We are committed to providing the necessary servicing end maintenanca as
recommended by the Vessel Manufacturer beyond what is covered with the new vessel purchase.
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II.B. Describe how the Investment will address one or more of the PSGP priorilies and how It
corresponds wllh the PRMP - Max 1 page
PSGP Priorities:
Enhance MDA: This Investment will address and enhance MDA through additional knowledge capabilities
within the maritime domain gainad during patrols and incident response. It will enhance communications,
enhance Intelligence sharing and analysis, foster multi-jurisdictional (local, state, federal, tribal) cooperation on
MDA, and enforce a common purpose along with agreed upon policies and procedures. While JCSOM has a
good coordinated unity of effort with local partners, this investment will strength the unity of effort among public
and private sector organizations and Intematlonai
partners.
Enhance IED/CBRNE Prevention, Protection, Response & Recovery and Port WIde Collaboration: this
investment will continue to enhance all multi-jurisdictional agencies capabilnles to prevent, detect, respond,
and recover from terrorist attacks employing IEDs, CBRNE, and other non-conventlonal weapons. This
Investment will strengthen the ability to seek out small craft that employ IEDs and that could be used for
attacks on critical infrestructure. The JCSOM works wITh. other jurisdictions as a maritime safe and security
team to safeguard the public and protect vessels, harbors, facilities, and cargo In waters subject to the
jurisdiction of the U.S. from destruction, loss or injury from crime, or sabotage due to terrorist activity, and to
response to such activities in accordance with the transportation security plans. Our team needs to be
equipped to deter, protect against, and repldly respond to threats of maritime terrorism.
PRMP Priorities:
7.4.2.1 Measures to protect passenger transportation systems and other high-consequence facilities from
vessel-bome IEDs and water-bome attacks are needad.
7.4.2.2 Non-federal stakeholders do not have the capability to respond to a vessel about to be used as a
weapon.
7.4.2.1 Measures to protect passenger transportation systems and other high-consequence facilities from
vessel-bome IEDs and Waterbome attacks are needed.
7.4.2.2 Non-Federal stakeholders do not have the capability to respond to a vessel about to be used as a
weapon.
7.4.3.3 USCG and OGA's do not have sufficient vessels to provide necessary escorts and other essential
functions
at elevated security lavels.
7.4.3.4 Insufficient vessels are available to patroi non-DoD facilities during increased threat levels.
7.4.3.7 Measures are needed to protect Infrastructure from attack by vesseis used as a weapon.
7.4.3.6 Security measures for vessels most likely to be used es weapons are limned.
In addition, this investment su
III. Impact
III.A DeSCribe how the project offers the Illghesl risk reduction potential althe least cost- Max y, page
The JCSOM's current boat is a 1996 24 ft. outboard aluminum vessel. Due to tts age and heavy use, the
JSCOM needs an additional vessel to share the call load in the north end of Jefferson County. The current boat
has limned renge capacity due to inadequate fuel onboard. The current boat also has low visibility and night
time maneuverability. We have been asked to cooparete in training exercises in the Port Townsend Bsy and
Admiralty Inlet areas, simulating response to possible terrorist type attacks, Including on and around the two
merine accessed military bases. However, our current boat will not allow us to participate in such
training/exercises. The current outboard motor limtts the speeds. It would be very difficult to assist with
response that involves overtaking the Port Townsend Ferry in the event of a terrorist attack. Our team has
enhanced intelligence sharing among all first responders to the Port of Port Townsend and Port of Port Angeies,
but without this investment we are not equipped to respond to security breaches. We have increased our
communication flow of Information among law enforcement officials responsible for port security, but our lack of
equipment capable of effective resposs presents a weakness in the ability of the Untted Steles to realize tts
national security objectives. Title 46, Section 102 states that there is a lack of small boats at ports to meat
appropriate security standards. This investment will overcome all of the Iimttatlons of our current boat at a
reasonable cost. It will enable JCSOM to effectively participate with tts partners in Homeland Security missions.
MOAPage 150117
.. ~ ...
ilLS Describe current capabilities similar to this Investment - Max. Y2 page
There are no other local entities in Jefferson County with similar capacity. Washington Fish & Wildlife has two
patrol boats assigned to the Jefferson and Clallam County Detachment but they are not of this capacity and are
not available for law enforcement response.
IV. Funding & Implementation Plan
152,640
50,880
203,520
5250
232890
1,750
77,630
7,000
310,520
IV.B. Provide a hlgh-Ieveltllnelme. milestones and dates. for the Implementation of this Investment such
as stakeholder engagement, planning, major acquisitions or pUlchases, traming, exercises, and
process/policy updates. .tl.QJQ 10 milestones may be provlCled. Max 1 page
This project will commenca upon award of the grant and notification to proceed. Jefferson County Sheriffs
Office will solicit bids for the vessel through the current Jefferson County Procurement Process in accordance
with Washington Slata law. Clallam County Sheriffs Office Project Manager and Jefferson County Sheriffs
Office representatives will meat with all potential bidders to explain the requirementa of the bid documenta. Bids
will be awarded to the successful bidder. Jefferson County Sheriffs Office anticipates delivery and complete
closeout of the project within 12 months of grant award. Both Clallam and Jefferson Sheriff Offices have a long
track record of mestin ro ect timelines.
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<It-... if.
FY09 BUDGET DETAIL WORKSHEET -JEFFERSON COUNTY VESSEL & TRAILER
Entered bv Appficant Calculated
Une Est. Sales Total Federal Match Total
Item Budget Category / Item Cost Qty Est. Cost Tax Project Funding Amount M&A
# Each Cost Request
A Personnel .
A1 Patti Morris - Grant Coordinator & PM I 7,000 I 11 7,000 I I I 5,250 I 1,750 I 7,000
Personnel Totals I - I 5,250 I 1,750 I 7,000
D. Equipment . . . ..
D1 Vessel (As Specified In IJ) I 280,000 I 11 280,000 I 23,520 303,520 227,840 75,880
Equipment Totals 303.520 227,840 75,880 -
Total Direct Costs 303,520 232,890 77,630 7,000
Total Costs 303,520 232,890 77,630 7,000
Amount to go In "Investment HeadIng" on IJ 232,890
Grand Total (Federal Request + Match) or (Project Cost + M&A) 310,520
BUDGET SUMMARY
Total Federal Match Total
Budget Category Project Fundfng Amount M&A
Cost Request
A Personnel - 5,250 1,750 7,000
B. Frtnge Beneflls - - - -
C. Travel - - - -
D. Equipment 303,520 227,840 75,880 -
E. Suppfies - - - -
F. Consullen1slContractors - - - -
G. Other - - - -
H. Indirect - - - -
Total Costa . 303,520 232,890 77,630 7,000
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