2010/06/02 Council Agenda Packet

14 • ARTICLE IV --ADMINISTRATIVE REQUIREMENTS: The Contractor shall comply with all financial and procurement guidance, applicable laws and regulations, including competitive processes and other procurement requirements. A non-exclusive list of regulations commonly applicable to DHS grants is: 1. Administrative Requirements: 44 CFR Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments; 2 CFR Part 215, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non- Profit Organizations (formerly OMB Circular A-110). 2. Cost Principles: 2 CFR Part 225, Cost Principles for State, Local, and Indian tribal Governments (formerly OMB Circular A-87); 2 CFR Part 220, Cost Principles for Educational Institutions (formerly OMB Circular A-21); 2 CFR Part 230, Cost Principles for Non-Profit Organizations (formerly OMB Circular A-122) and Federal Acquisition Regulations (FAR), Part 31.2 Contract Cost Principles and Procedures, Contracts with Commercial Organizations. 3. Audit Requirements: OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations. 4. Duplication of Benefits: There may not be a duplication of any Federal assistance, per 2 CFR Part 225, Basic Guidelines Section C.3 (c), which states: Any cost allocable to a particular Federal award or cost objective under the principles provided for in this Authority may not be charged to other Federal awards to overcome fund deficiencies, to avoid restrictions imposed by law or terms of the Federal awards, or for other reasons. However, this prohibition would not preclude governmental units from shifting costs that are allowable under two or more awards in accordance with existing program agreements. Non-governmental entities are also subject to this prohibition per 2 CFR Parts 220 and 230 and FAR Part 31.2. 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 use of supporting emergency management programs as provided by the Emergency Management Performance Grant(EMPG). Funding may not be used to replace or supplant existing local or tribal government funding of emergency management programs. 2. The Contractor shall provide a match of $68,521 of non-federal origin. Match (cost share) may be cash or in-kind. The grantee contributions must be reasonable, allowable, allocable and necessary under the grant program and must comply with all Federal requirements and regulations. 3. 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. 4. The Contractor agrees that in order to receive Federal Fiscal Year 2010 (FFY10) federal preparedness funding, to include EMPG, the National Incident Management System (NIMS)compliance requirements for 2010 must be met. Applicants will be required to certify as part of their FFY10 EMPG applications that they have met the FFY09 NIMS requirements and will meet the FFY10 NIMS requirements. The NIMS Integration Center (NIC) web page, http://www.fema.qov/emergency/nims/index.shtm, is updated regularly with information about the NIMS. The website can also be used as a useful tool to determine the extent to which the jurisdiction is already compliant, as well as identify the NIMS requirements the jurisdiction has not yet met. 5. Grant funds may not be used to replace or supplant existing funding. DHS-FEMA-EMPG-FFY 10 Page 3 of 21 City of Everett Emergency Management E10-249 82