2010/04/21 Council Agenda Packet

ARTICLE IV--ADMINISTRATIVE REQUIREMENTS: The Contractor shall comply with all financial and procurement guidance, including competitive processes and other procurement requirements,to include but not limited to: Office of Management and Budget(OMB) Circulars, A-87(Cost Principles for State, local and Indian Tribal Governments),A-102(Grants and Cooperative Agreements with State and Local Governments),A-122(Cost Principles for Non-Profit Organizations),A-133(Audits of States, Local Governments, and Non-Profit Organizations),The Federal Emergency Management Agency's codified regulations, 44 Code of Federal Regulations (CFR), and the U.S. Department of Homeland Security's Financial Management Guide. Local and state procurement and contracting regulations take precedence over these requirements when local and state regulations are more stringent. ARTICLE V--ADDITIONAL SPECIAL CONDITIONS AND MODIFICATION TO GENERAL CONDITIONS: 1. Funds are provided by the U.S. Department of Homeland Security(DHS), Federal Emergency Management Agency(FEMA) solely for the purpose of enhancing the capability of state and local units of government to prepare for, prevent, deter, respond to, and recover from catastrophic incidents resulting from man-made and natural events. The Contractor shall use the funds to perform tasks as described in the Statement of Work and Budget portions of this contract. 2. The Contractor agrees that to receive any federal preparedness funding, all Environmental and Historical Protection (EHP) Program compliance requirements outlined in applicable guidance must be met. The Contractor is advised that all projects that involve disturbing earth, communication towers, physical security enhancements, new construction, renovation, and modifications to buildings and structures that are 50 years old or older require EHP review. All other projects, including training and exercise activities, must be evaluated to determine impact. If impact is identified they must also go through an EHP review. 3. The Contractor agrees that to receive any federal preparedness funding, all National Incident Management System(NIMS) compliance requirements outlined in applicable guidance must be met. 4. Grant funds may not be used to replace or supplant existing funding. 5. The Contractor will provide a match of$0 of non-federal origin. 6. The 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. The 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 whatsoever for services performed under this contract prior to distribution of appropriated federal funds. The 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. ARTICLE VI —PROCUREMENT AND FINANCIAL MANAGEMENT: 1. All sole source contracts over$100,000 must be reviewed and approved by the County prior to execution of a contract. This requirement must be passed on to all of the Contractor's subcontractors, at which point the Contractor will be responsible for reviewing and approving their subcontractors' sole source justifications. 2. All contracts with individual consultants that are not competitively bid, and where the consultant will be charging an excess of$450 per day(excluding travel and subsistence) must be approved by the County before the contract is executed.This requirement must be passed on to all of the Contractor's subcontractors, at which point the Contractor will be responsible for reviewing and approving their subcontractors' contract. 3. No costs will be reimbursed in advance of their being incurred by the Contractor. 4. No costs will be reimbursed until the items have been received by the Contractor and invoiced by the vendor. 5. Each A-19 will be accompanied by a spreadsheet detailing the expenditures. Copies of supporting financial documents and invoices must be provided by the Contractor prior to reimbursement (including EHP reviews if applicable). Originals must be made available upon request to the County, Department, and local, state, or federal auditors. 6. Requests for reimbursement of equipment purchases must include a copy of the vendor's invoice and 110 Page3of19