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10 <br />ARTICLE IV -- ADMINISTRATIVE REQUIREMENTS: <br />The Contractor shall comply with all financial and procurement guidance, applicable laws and regulations, <br />including competitive processes and other procurement requirements. A non-exclusive list of regulations <br />commonly applicable to DHS grants is: <br />1. Administrative Requirements: 44 CFR Part 13, Uniform Administrative Requirements for Grants and <br />Cooperative Agreements to State and Local Governments; 2 CFR Part 215, Uniform Administrative <br />Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non - <br />Profit Organizations (formerly OMB Circular A-110). <br />2. Cost Principles: 2 CFR Part 225, Cost Principles for State, Local, and Indian tribal Governments (formerly <br />OMB Circular A-87); 2 CFR Part 220, Cost Principles for Educational Institutions (formerly OMB Circular <br />A-21); 2 CFR Part 230, Cost Principles for Non -Profit Organizations (formerly OMB Circular A-122) and <br />Federal Acquisition Regulations (FAR), Part 31.2 Contract Cost Principles and Procedures, Contracts with <br />Commercial Organizations. <br />3. Audit Requirements: OMB Circular A-133, Audits of States, Local Governments, and Non -Profit <br />Organizations. <br />4. Duplication of Benefits: There may not be a duplication of any Federal assistance, per 2 CFR Part 225, <br />Basic Guidelines Section C.3 (c)„which states: Any cost allocable to a particular Federal award or cost <br />objective under the principles provided for in this Authority may not be charged to other Federal awards to <br />overcome fund deficiencies, to avoid restrictions imposed by law or terms of the Federal awards, or for <br />other reasons. However, this prohibition would not preclude governmental units from shifting costs that are <br />allowable under two or more awards in accordance with existing program agreements. Non-governmental <br />entities are also subject to this prohibition per 2 CFR Parts 220 and 230 and FAR Part 31.2. <br />ARTICLE V -- ADDITIONAL SPECIAL CONDITIONS AND MODIFICATION TO GENERAL CONDITIONS: <br />1. Funds are provided by the U.S. Department of Homeland Security (DHS), Federal Emergency Management <br />Agency (FEMA) solely for the use of supporting emergency management programs as provided by the <br />Emergency Management Performance Grant (EMPG). Funding may not be used to replace or supplant <br />existing local or tribal government funding of emergency management programs. <br />2. The Contractor shall provide a match of $68,521 of non-federal origin. Match (cost share) may be cash or <br />in-kind. The grantee contributions must be reasonable, allowable, allocable and necessary under the grant <br />program and must comply with all Federal requirements and regulations. <br />3. The Contractor acknowledges that since this contract involves federal funding, the period of performance <br />described herein will likely begin prior to the availability of appropriated federal funds. The Contractor <br />agrees that it will not hold the Department, the State of Washington, or the United States liable for any <br />damages, claim for reimbursement, or any type of payment whatsoever for services performed under this <br />contract prior to distribution of appropriated federal funds. <br />The Contractor agrees that it will not hold the Department, the State of Washington, or the United States <br />liable for any damages, claim for reimbursement or any type of payment if federal funds are not <br />appropriated or are not appropriated in a particular amount. <br />4. The Contractor agrees that in order to receive Federal Fiscal Year 2010 (FFY10) federal preparedness <br />funding, to include EMPG, the National Incident Management System (NIMS) compliance requirements for <br />2010 must be met. Applicants will be required to certify as part of their FFY10 EMPG applications that they <br />have met the FFY09 NIMS requirements and will meet the FFY10 NIMS requirements. <br />The NIMS Integration Center (NIC) web page, <br />updated regularly with information about the NIMS. <br />determine the extent to which the jurisdiction is <br />requirements the jurisdiction has not yet met. <br />http://www.fema.gov/emergency/nims/index.shtm, is <br />The website can also be used as a useful tool to <br />already compliant, as well as identify the NIMS <br />5. Grant funds may not be used to replace or supplant existing funding. <br />DHS-FEMA-EMPG-FFY 10 Page 3 of 21 City of Everett Emergency Management <br />68 E10-249 <br />