2011/01/19 Council Agenda Packet

7 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-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, and title 44 Code of Federal Regulations (CFR). 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. 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 shall submit at a maximum monthly and a minimum of quarterly, signed and approved, invoice vouchers(State Form A-19) and a Reimbursement Spreadsheet to the County for costs incurred. 3. The Contractor shall submit required Progress Reports to the County at e-mail address provided in Article III — Key Personnel. 4. The Contractor agrees that all exercises must comply with the Homeland Security Exercise Evaluation Program (HSEEP). Upon completion of the exercise, an After Action Report and an Improvement Plan must be prepared and submitted to the FEMA portal within 60 days of completion of the exercise. Reimbursements for exercise related expenditures cannot be made until this requirement has been met. 5. The Contractor agrees that to receive any federal preparedness funding, all Environmental and Historical Preservation (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. 6. 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. 7. The Contractor agrees that grant funds may not be used to replace or supplant existing funding. 8. The Contractor agrees to provide a match of$0 of non-federal origin. 9. 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 County, 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. 10. The Contractor agrees that it will not hold the County, 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 VII—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 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. E11-093 SHSP-2010 Page 3 0212 City of Everett