HomeMy WebLinkAboutFranklin Co Emergency Management (FCEM) PSA - Various Counties 09.01.2010 PROFESSIONAL SERVICES CONTRACT
FRANKLIN COUNTY EMERGENCY MANAGEMENT & BENTON , WALLA WALLA , YAKIMA ,
KLICKITAT COUNTIES & YAKAMA NATION
THIS CONTRACT is made and entered into in duplicate originals by and between
FRANKLIN COUNTY EMERGENCY MANAGEMENT , a political subdivision of Franklin
County , with its office located at 502 Boeing Street , Pasco , Washington 99301 , hereinafter
" FCEM , " and the City of Pasco , with their principal office at 525 N . Third Ave , Pasco ,
Washington 99301 , hereinafter " CONTRACTOR . "
In consideration of the mutual benefits and covenants contained herein , the parties
agree as follows :
1 . DURATION OF CONTRACT
The term of this Contract shall begin 1 August 2010 , and shall terminate 30
September 2012 .
2 , SERVICES PROVIDED BY THE CONTRACTOR
The CONTRACTOR shall perform the following services :
Plan , train , and exercise their emergency responders and assess the readiness of their
jurisdictions , ( Benton , Franklin , Klickitat , Walla Walla , Yakima and Yakama Nation Tribe ) , to
prepare for and respond to a terrorist attack .
a . A detailed description of the services to be performed by the
CONTRACTOR is set forth in Exhibit "A , " which is attached hereto and incorporated herein
by reference .
b . The CONTRACTOR agrees to provide its own labor and materials .
Unless otherwise provided for in the Contract , no material , labor , or facilities will be furnished
by FCEM .
C , The CONTRACTOR shall complete its work in a timely manner and in
accordance with the schedule agreed to by the parties and stipulated in Washington State
Contract # : E11 -127 , FFY 2010 Homeland Security Grant Program , State Homeland
Security Program , CFDA # : 97 . 067 - SHSP . Two items need to be noted : 1 . ) At a minimum ,
25 % of the total 2010 SHSP award must be spent on law enforcement terrorism prevention -
activities ; 2 . ) The Contractor will not be reimbursed for personnel costs in excess of 50 % of
their portion of the 2010 SHSP award . .
d . The CONTRACTOR WILL prepare and present status reports quarterly
and other information that may be pertinent and necessary , or as may be requested by
FCEM .
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e . The Contractor shall use the funds to perform tasks as described in the
Statement of Work and Budget portions of this contract .
f. The Contractor shall submit required Progress Reports to the Region 8
Lead County as required in the contract Milestones (see exhibit C - Contract # : E11 - 127 ) .
g . The Contractor shall submit at a maximum -monthly and a minimum -
quarterly , signed and approved , invoice vouchers ( State Form A- 19 ) and a Reimbursement
Spreadsheet to FCEM for costs incurred .
h . 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 .
i . 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 (see exhibit C - Contract # : E 11 - 127 ) .
j . 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 .
k . The Contractor agrees that grant funds may not be used to replace or
supplant existing funding .
I . The Contractor agrees to provide a match of $ 0 of non -federal origin .
M , 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 FCEM , 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 .
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.I
n . The Contractor agrees that it will not hold FCEM , 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 .
3 . SERVICES PROVIDED BY FCEM
In order to assist the CONTRACTOR in fulfilling its duties under this Contract , FCEM
shall provide the following :
a . Relevant information as exists to assist the CONTRACTOR with the
performance of the CONTRACTOR ' S services .
b . Coordination with other Counties or other Consultants as necessary for
the performance of the CONTRACTOR ' S services .
C , Reimbursement for planning , training , and exercise to be vouchered in a
timely manner .
4 . CONTRACT REPRESENTATIVES
a . For CONTRACTOR : City of Pasco
Name of Representative : Gary Crutchfield
Title : City Manager
Mailing Address : 525 N . Third Ave
City , State , and Zip Code : Pasco , Washington , 99301
Telephone Number : ( 509 ) 545- 3404
Fax Number : ( 509 ) 545 - 3403
E - Mail Address : crutchfieldg( pasco -wa . gov
b . For FCEM : Franklin County Emergency Management
Name of Representative : John R . Scheer
Title : Director
Mailing Address : 502 Boeing Street
City , State , and Zip Code : Pasco , WA 99301
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Telephone Number : ( 509 ) 545 -3546
Fax Number ° ( 509 ) 545 -2139
E - Mail Address : jscheer _ co . franklin . wa . us
50 COMPENSATION
a . For the services performed hereunder , the CONTRACTOR shall be paid
by reimbursement through state A- 19 process not to exceed $ 20 ,, 000 . 00 for the duration of
this contract . All terms of the primary contract ( E11 - 127 — attached ) will be adhered to .
b . No payment shall be made for any work performed by the
CONTRACTOR , except for work identified and set forth in this Contract or supporting exhibits
or attachments .
c . The CONTRACTOR may , in accordance with Exhibit " B , " submit invoices
to FCEM not more than once per month during the progress of the work for partial payment of
work completed to date . Invoices shall cover the time CONTRACTOR performed work for
FCEM during the billing period . FCEM shall pay the CONTRACTOR for services rendered in
the month following the actual delivery of the work and will remit payment within thirty ( 30 )
days from the date of billing .
d . The CONTRACTOR shall not be reimbursed for services rendered under
this Contract unless and until they have performed in compliance with the state contract .
e . In the event the CONTRACTOR has failed to perform any substantial
obligation to be performed by the CONTRACTOR under this Contract and such failure has
not been cured within ten ( 10 ) days following notice from FCEM , then FCEM may , in its sole
discretion , upon written notice to the CONTRACTOR , withhold any and all monies due and
payable to the CONTRACTOR , without penalty , until such failure to perform is cured or
otherwise adjudicated . " Substantial " for purposes of this contract means faithfully fulfilling the
terms of this contract with variances only for technical or minor omissions or defects .
f. Unless otherwise provided for in this Contract or any exhibits or
attachments hereto , the CONTRACTOR will not be paid for any billings or invoices presented
for payment prior to the execution of this Contract or after its termination .
6 . AMENDMENTS AND CHANGES IN WORK
a . No amendment , modification , or renewal shall be made to this Contract
unless set forth in a written Contract Amendment , signed by both parties and attached to this
Contract . Work under a Contract Amendment shall not proceed until the Contract
Amendment is duly executed by FCEM .
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7 . HOLD HARMLESS AND INDEMNIFICATION
a . The CONTRACTOR does release , indemnify and promise to defend and
save harmless FCEM , its elected officials , officers , employees and agents from and against
any and all liability , loss , damages , expense , action , and claims , including costs and
reasonable attorney' s fees incurred by FCEM , its elected officials , officers , employees and
agents in defense thereof, asserting or arising directly or indirectly on account of or out of the
performance of service pursuant to this agreement . In making such assurances , the
contractor specifically agrees to indemnify and hold harmless FCEM from any and all bodily
injury claims brought by employees of the contractor and expressly waives its immunity under
the Industrial Insurance Act as to those claims which are brought against the FCEM .
Provided , however , this paragraph does not purport to indemnify FCEM against the liability
for damages arising out of bodily injuries to person or damages caused by or resulting from
the sole negligence of FCEM , its elected officials , officers , employees and agents .
b . In any and all claims against FCEM , officers , officials , employees , and
agents by any employee, of the Consultant , subcontractor , anyone directly or indirectly
employed by any of them , or anyone for whose acts any of them may be liable , the
indemnification obligation under this Section shall not be limited in any way by any limitation
on the amount or type of damages , compensation , or benefits payable by or for the
CONSULTANT or subcontractor under Worker' s Compensation acts , disability benefit acts ,
or other employee benefit acts , it being clearly agreed and understood by the parties hereto
that the CONSULTANT expressly waives any immunity the CONSULTANT might have had
under such laws . By executing the Contract , the CONSULTANT acknowledges that the
foregoing waiver has been mutually negotiated by the parties and that the provisions of this
Section shall be incorporated , as relevant , into any contract the CONSULTANT makes with
any subcontractor or agent performing work hereunder .
C , The CONTRACTOR ' S obligations hereunder shall include , but are not
limited to , investigating , adjusting and defending all claims alleging loss from action , error or
omission , or breach of any common law , statutory or other delegated duty by the
CONTRACTOR , the CONTRACTOR ' S employees , agents or subcontractors .
80 FEDERAL DEBARMENT , SUSPENSION , INELIGIBILITY , and VOLUNTARY
EXCLUSION
( Frequently Asked Questions)
What is " Debarment , Suspension , Ineligibility , and Voluntary Exclusion " ?
These terms refer to the status of a person or company that cannot contract with or receive
grants from a federal agency .
In order to be debarred , suspended or ineligible , or voluntarily excluded , you must have :
• Had a contract or Grant with a federal agency , and
• Gone through some process where the federal agency notified or attempted to notify
you that you could not contract with the federal agency .
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• Generally , this process occurs where you , the contractor , are not qualified or are not
adequately performing under a contract , or have violated a regulation or law pertaining
to the contract .
Why am I required to sign this certification ?
You are requesting a contract or grant with the Washington Military Department . Federal law
( Executive Order 12549 ) requires Washington Military Department ensure that persons or
companies that contract with Washington Military Department are not prohibited from having
federal contracts .
What is Executive Order 12549 ?
Executive Order 12549 refers to Federal Executive Order Number 12549 . The executive
order was signed by the President and directed federal agencies to ensure that federal
agencies , and any state or other agency receiving federal funds were not contracting or
awarding grants to personas , organizations , or companies who have been excluded from
participating in federal contracts or grants . Federal agencies have codified this requirement
in their individual agency Code of Federal Regulations ( CFRs ) .
What is the purpose of this certification ?
The purpose of the certification is for you to tell Washington Military Department in writing
that you have not been prohibited by federal agencies from entering into a federal contract .
What does the word " proposal " mean when referred to in this certification ?
Proposal means a solicited or unsolicited bid , application , request , invitation to consider , or
similar communication from you to Washington Military Department .
What or who is a " lower tier participant" ?
Lower tier participants means a person or organization that submits a proposal , enters into
contracts with , or receives a grant from Washington Military Department , OR any
subcontractor of a contract with Washington Military Department . If you hire subcontractors ,
you should require them to sign a certification and keep it with your subcontract .
What is a covered transaction when referred to in this certification ?
Covered Transaction means a contract , oral or written agreement , grant , or any other
arrangement where you contract with or receive money from Washington Military
Department , Covered Transaction does not include mandatory entitlements and individual
benefits .
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Debarment Certification : The Contractor certifies that the Contractor is not presently
debarred , suspended , proposed for debarment , declared ineligible , or voluntarily excluded
from participating in this Contract by any Federal department or agency . If requested by
Washington Military Department , the Contractor shall complete a Certification Regarding
Debarment , Suspension , Ineligibility , and Voluntary Exclusion form . Any such form
completed by the Contractor for this Contract shall be incorporated into this Contract by
reference .
Debarment , Suspension , Ineligibility or Voluntary Exclusion Certification Form
Name Doing business as ( DBA)
Address : Applicable WA Uniform Federal
Procurement or Business Employer Tax
525 N . Third Ave . Solicitation # , if any : Identifier ( UBI ) Identification # :
Pasco , WA 99301
This certification is submitted as part of a request to contract .
Instructions For Certification Regarding Debarment , Suspension , Ineligibility and Voluntary
Exclusion — Lower Tier Covered Transactions
READ CAREFULLY BEFORE SIGNING THE CERTIFICATION . Federal
regulations require contractors and bidders to sign and abide by the terms of this
certification , without modification , in order to participate in certain transactions
directly or indirectly involving federal funds .
1 . By signing and submitting this proposal , the prospective lower tier participant is
providing the certification set out below .
20 The certification in this clause is a material representation of fact upon which reliance
was placed when this transaction was entered into . If it is later determined that the
prospective lower tier participant knowingly rendered an erroneous certification , in
addition to other remedies available to the Federal Government the department or
agency with which this transaction originated may pursue available remedies ,
including suspension and /or debarment .
3 . The prospective lower tier participant shall provide immediate written notice to the
department , institution , or office to which this proposal is submitted if at any time the
prospective lower tier participant learns that its certification was erroneous when
submitted or had become erroneous by reason of changed circumstances .
4 . The terms covered transaction , debarred , suspended , ineligible , lower tier covered
transaction , participant , person , primary covered transaction , principal , proposal , and
voluntarily excluded , as used in this clause , have the meaning set out in the Definitions
and Coverage sections of rules implementing Executive Order 12549 . You may
contact the person to which this proposal is submitted for assistance in obtaining a
copy of those regulations .
5 . The prospective lower tier participant aggress by submitting this proposal that , should
the proposed covered transaction be entered into , it shall not knowingly enter into any
lower tier covered transaction with a person who is proposed for debarment under the
applicable CFR , debarred , suspended , declared ineligible , or voluntarily excluded from
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participation in this covered transaction , unless authorized by the department or
agency with which this transaction originated .
6 . The prospective lower tier participant further agrees by submitting this proposal that it
will include this clause titled " Certification Regarding Debarment , Suspension ,
Ineligibility and Voluntary Exclusion - Lower tier Covered Transaction , " without
modification , in all lower tier covered transactions and in all solicitations for lower tier
covered transactions .
70 A participant in a covered transaction may rely upon a certification of a prospective
participant in a lower tier covered transaction that it is not proposed for debarment
under applicable CFR , debarred , suspended , ineligible , or voluntarily excluded from
covered transactions , unless it knows that the certification is erroneous . A participant
may decide the method and frequency by which it determines the eligibility of its
principals . Each participant may , but is not required to , check the List of Parties
Excluded from Federal Procurement and Non - procurement Programs .
80 Nothing contained in the foregoing shall be construed to require establishment of a
system of records in order to render in good faith the certification required by this
clause . The knowledge and information of a participant is not required to exceed that
which is normally possessed by a prudent person in the ordinary course of business
activity .
90 Except for transactions authorized under paragraph 5 of these instructions , if a
participant in a covered transaction knowingly enters into a lower tier covered
transaction with a person who is proposed for debarment under applicable CFR ,
suspended , debarred , ineligible , or voluntarily excluded from participation in this
transaction , in addition to other remedies available to the Federal Government , the
department or agency with which this transaction originated may purse available
remedies , including suspension and /or debarment .
Certification Regarding Debarment, Suspension , Ineligibility and Voluntary Exclusion — Lower
Tier Covered Transactions
The prospective lower tier participant certifies , by submission of this proposal or contract , that
neither it nor its principals is presently debarred , suspended , proposed for debarment ,
declared ineligible , or voluntarily excluded from participation in this transaction by any
Federal department or agency . Where the prospective lower tier participant is unable to
certify to any of the statements in this certification , such rospective participant shall attach
an explanation to this form .
Bidder or Contractor Signature :
Print Name and Title : 644, r " L
Date : �2'Or < <
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9 . NATIONAL INCIDENT MANAGEMENT SYSTEM ( NIMS ) COMPLIANCE
CERTIFICATION :
The Contractor understands National Incident Management System ( NIMS ) compliance is
required to receive Federal preparedness assistance grants beginning October 1 , 2006 . The
Contractor certifies , by signing this agreement , that the contractor and its principals have met
NIMS compliance requirements and state reporting requirements and shall meet NIMS
compliance requirements and state reporting requirements for subsequent federal fiscal
years during the performance period of this contract . The NIMS Integration Center ( NIC ) web
page : http : //www . fema . gov/emergency/ nims/ provides information about NIMS and guidance
to determine the extent to which jurisdictions are already compliant , as well as identify the
NIMS requirements that have not been met . The Contractor and its principals are required to
report NIMS compliance to the State via the online form available on the State ' s homepage :
http : //www , emd . wa . gov/ .
It is understood that failure to comply with NIMS standards/requirements will result in
loss/recapture of funding from Homeland Security Grants .
Bidder or Contractor Signature : Y��
Print Name and Title :
Date : '' t
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106 TERMINATION
a . FCEM may terminate this Contract in whole or in part whenever FCEM
determines , in its sole discretion that such termination is in the best interests of FCEM .
FCEM may terminate this Contract upon giving ten ( 10) days written notice by Certified Mail
to the CONTRACTOR . In that event , FCEM shall pay the CONTRACTOR for all cost
incurred by the CONTRACTOR in performing the Contract up to the date of such notice .
Payment shall be made in accordance with Section 5 of this Contract .
b . In the event that funding for this project is withdrawn , reduced , or limited in any
way after the effective date of this Contract , FCEM may summarily terminate this Contract
notwithstanding any other termination provision of this Contract . Termination under this
paragraph shall be effective upon the date specified in the written notice of termination sent
by FCEM to the CONTRACTOR . After the effective date , no charges incurred under this
Contract are allowable .
C , If the CONTRACTOR breaches any of its obligations hereunder , and fails to
cure the breach within ten ( 10 ) days of written notice to do so by FCEM , FCEM may
terminate this Contract , in which case FCEM shall pay the CONTRACTOR only for the costs
of services accepted by FCEM , in accordance with Section 5 of this Contract . Upon such
termination , FCEM , at its discretion , may obtain performance of the work elsewhere , and the
CONTRACTOR shall bear all costs and expenses incurred by FCEM in completing the work
and all damage sustained by FCEM by reason of the CONTRACTOR ' S breach .
11 . NON =WAIVER OF RIGHTS
The parties agree that the excuse or forgiveness of performance or waiver of any
provision ( s ) of this Contract does not constitute a waiver of such provision (s ) or future
performance , or prejudice the right of the waiving party to enforce any of the provisions of this
Contract , at a later time .
12 . INDEPENDENT CONTRACTOR
a . The CONTRACTOR ' S services shall be furnished by the CONTRACTOR as an
Independent Contractor and not as an agent , employee , or servant of FCEM . The
CONTRACTOR specifically has the right to direct and control CONTRACTOR ' S own
activities in providing the agreed services in accordance with the specifications set out in this
Contract .
b . The CONTRACTOR acknowledges that the entire compensation for this
Contract is set forth in Section 5 of this Contract , and the CONTRACTOR is not entitled to
any FCEM benefits , including , but not limited to : vacation pay , holiday pay , sick leave pay ,
medical , dental , or other insurance benefits , fringe benefits , or any other rights or privileges
afforded to FCEM employees .
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C , The CONTRACTOR shall have and maintain complete responsibility and
control over all of its :subcontractors , employees , agents , and representatives . No
subcontractor , employee , agent , or representative of the CONTRACTOR shall be or deem to
be or act or purport to act as an employee , agent , or representative of FCEM .
d . The CONTRACTOR shall assume full responsibility for the payment of all
payroll taxes , use , sales , income , or other form of taxes , fees , licenses , excises , or payments
required by any city , county , federal , or state legislation which is now or may during the term
of this Contract be enacted as to all persons employed by the CONTRACTOR and as to all
duties , activities and requirements by the CONTRACTOR in performance of the work on this
project and under this Contract and shall assume exclusive liability therefor , and meet all
requirements thereunder pursuant to any rules or regulations .
13 . COMPLIANCE WITH LAWS
The CONTRACTOR shall comply with all applicable federal , State and local laws ,
rules and regulations in performing this Contract .
Non -federal contractors receiving financial assistance of $500 , 000 or more in federal funds
from all sources , direct and indirect , are required to have a single or program -specific audit
conducted in accordance with the Office of Management and Budget ( OMB ) Circular A- 133 -
Audit of States , Local Governments , and Non - Profit Organizations ( revised June 27 , 2003 ,
effective for fiscal years ending after December 31 , 2003 ) . Non -federal entities that spend
less than $ 500 , 000 a year in federal awards are exempt from federal audit requirement for
that year , except as noted in Circular No . A - 133 . Circular A- 133 available on the OMB Home
Page at http : //www . omb . .q )v and then select " Grants Management" followed by " Circulars " .
Contractors required to have an audit must ensure the audit is performed in
accordance with Generally Accepted Auditing Standards ( GAAS ) ; Government Auditing
Standards (the Revised Yellow Book ) developed by the Comptroller General and the OMB
Compliance Supplement .
The Contractor has the responsibility of notifying the State Auditor' s Office and
requesting an audit .
The Contractor shall maintain records and accounts so as to facilitate the audit
requirement and shall ensure that any subcontractors also maintain auditable records .
The Contractor is responsible for any audit exceptions incurred by its own organization
or that of its subcontractors . Responses to any unresolved management findings and
disallowed or questioned costs shall be included with the audit report . The Contractor must
respond to FCEM requests for information or corrective action concerning audit issues within
30 days of the date of request . FCEM reserves the right to recover from the Contractor all
disallowed costs resulting from the audit .
Once the single audit has been completed , the Contractor must send a full copy of the
audit to FCEM and a letter stating there were no findings or if there were findings , the letter
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should provide a list of the findings . The Contractor must send the audit report
and the letter no (later than nine ( 9 ) months after the end of the
Contractor' s fiscal year( s ) to :
Franklin County Emergency Management
502 Boeing Street
Pasco , WA 99301
In addition to sending a copy of the audit , the Contractor must include a corrective action plan
for any audit findings and a copy of the management letter if one was received .
14 . INSPECTION OF BOOKS AND RECORDS
FCEM may , at reasonable times , inspect the books and records of the
CONTRACTOR relating to the performance of this Contract . The CONTRACTOR shall keep
all records required by this Contract for five ( 5) years after termination of this Contract for
audit purposes .
15 . NONDISCRIMINATION
The CONTRACTOR , its assignees , delegates , or subcontractors shall not discriminate
against any person in the performance of any of its obligations hereunder on the basis of
race , color , creed , religion , national origin , age , sex , marital status , Veteran status , sexual
orientation or the presence of any disability . Implementation of this provision shall be
consistent with Initiative 200 , Sec . 1 (effective 12/3/98 ) .
16 , DISPUTES
Difference between the CONTRACTOR and FCEM , arising under and by virtue of this
Contract , shall be brought to the attention of FCEM at the earliest possible time in order that
such matters may be settled or other appropriate action promptly taken . Any dispute relating
to the quality or acceptability of performance and/or compensation due the CONTRACTOR
shall be decided by FCEM ' S Contract representative or designee . All rulings , orders ,
instructions , and decisions of FCEM ' S Contract representative shall be final and conclusive .
17 . CHOICE OF LAW , JURISDICTION AND VENUE
a . This Contract has been and shall be construed as having been made and
delivered within the State of Washington and it is agreed by each party hereto that this
Contract shall be governed by the laws of the State of Washington both as to its interpretation
and performance .
b . Any action at law , suit in equity , or judicial proceeding arising out of this
Contract shall be instituted and maintained only in any of the courts of competent jurisdiction
in Franklin County , Washington .
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180 SEVERABILITY
If a court of competent jurisdiction holds any part , term or provision of this Contract to
be illegal , or invalid in whole or in part , the validity of the remaining provisions shall not be
affected , and the parties ' rights and obligations shall be construed and enforced as if the
Contract did not contain the particular provision held to be invalid .
b . IF it should appear that any provision of this Contract is in conflict with any
statutory provision of the State of Washington said provision which may conflict therewith
shall be deemed inoperative and null and void insofar as it may be in conflict therewith , and
shall be deemed modified to conform to such statutory provision .
19 . ENTIRE AGREEMENT
The parties agree that this Contract is the complete expression of its terms and
conditions . Any oral or written representations or understandings not incorporated in this
Contract are specifically excluded . This contract in no way supersedes the requirements of
exhibit C .
20 , NOTICES
Any notices shall be effective if personally served upon the other party or if mailed be
registered or certified mail , return receipt requested , to the addresses set out in Section 4 .
Notice may also be given by facsimile with the original to follow by regular mail . Notice shall
be deemed to be given three days following the date of mailing or immediately if personally
served . For service by facsimile , service shall be effective upon receipt during working hours .
If a facsimile is sent after working hours , it shall be effective at the beginning of the next
working day .
The parties to this Contract have executed this Contract in original duplicates as of the
date written below .
This Contract shall stake effect this 15th day of January , 2011 ,
CONTRACTOR : Agency : City of Pasco.,
Signature :
Agency : Franklin County En6erciency Management
c
Signature :
Approved As To Form :
STEVE M . LOWE , #14670\#91039
Prosecuting Attorney for Franklin County
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EXHIBIT "A"
PROFESSIONAL SERVICES CONTRACT
FRANKLIN COUNTY EMERGENCY MANAGEMENT/ CITY OF PASCO
SERVICES PROVIDED BY THE PARTIES
1 . The services to be performed by the CONTRACTOR under this Contract , which
are described in Section 2 of the Contract ( SERVICES PROVIDED BY THE
CONTRACTOR ) , are set forth as follows :
a . Equipment : The contractor shall pay for activities associated with the
ssssssssss
acquisition of equipment/contractors/consultants for approved projects from the
State Committee on Homeland Security and ODP .
Reimbursable expenses shall not include management and administrative
activities to include : acquisition of office equipment , non - planning homeland
security personnel ( budget , finance , and administrative assistance ) , incidental
costs , pooled costs , indirect costs , and audit cost , etc .
No Equipment funds can be expended until the State Committee on Homeland
Security and ODP approval has been received . Each of your vendors will need
to sign a copy of the attached debarment form .
b . Training : Allowable training - related costs include overtime and backfill funding
for emergency preparedness and response personnel attending ODP / DHS -
sponsored and approved training classes ; may also be used for part-time and
volunteer emergency response personnel participating in ODP/ DHS training .
Training workshops and conferences , hiring of full or part-time staff or
contractors/consultants to support training - related activities , travel for
employees attending ODP -sponsored courses or on business related the
planning and conduct of the training project , supplies consumed or expended
during planning or conduct of the training is also allowable .
* FOR FURTHER DETAIL REFER TO EXHIBIT C
CONTRACT NUMBER : Ell - 127 ( SHSP ' 10 ) Page 14 of 16
U : \ FCEM \ Homeland Security Grants \ DHS Spreadsheets \ CONTRACTS \ 2010 \ SHSP 110 \ City of Pasco \ SHSP 10 PSC - Pasco -
Fire . docx
EXHIBIT " B "
PROFESSIONAL SERVICES CONTRACT
FRANKLIN COUNTY EMERGENCY MANAGEMENT/ CITY OF PASCO
COMPENSATION
1 . The CONTRACTOR ' S compensation under this Contract , which is described in
Section 5 of this Contract ( COMPENSATION ) , is set forth as follows :
a . $ 10 , 000 . 00 for Equipment — for Fire Technical Rescue equipment
b . $ 10 , 000 . 00 for Training — for NIMS/ ICS training for all of Franklin County
Total Contractual ,Amount: $ 20 , 000 . 00
CONTRACT NUMBER : E11 - 127 ( SHSP ' 10 ) Page 15 of 16
U : \ FCEM \ Homeland Security Grants \ DHS Spreadsheets \ CONTRACTS \ 2010 \ SHSP 110 \ City of Pasco \ SHSP 10 PSC - Pasco -
Fire . docx
EXHIBIT " C "
PROFESSIONAL SERVICES CONTRACT
FRANKLIN COUNTY EMERGENCY MANAGEMENT / CITY OF PASCO
1 . See attached copy of contract # : E11 - 127
2 . NIMS / NRP COMPLIANCE and implementation .
3 . Submit Reports in accordance with contract # : E11 = 127 ( attached )
4 . Incur expenses in accordance with contract # : Ell A 27 ( attached )
CONTRACT NUMBER : Ell - 127 ( SHSP ' 10 ) Page 16 of 16
U : \ FCEM \ Homeland Security Grants \ DHS Spreadsheets \ CONTRACTS \ 2010 \ SHSP ' 10 \ City of Pasco \ SHSP 10 PSC - Pasco -
Fire . docx
Washington State Military Department
CONTRACT FACE SHEET
Contractor Name and Address : 2. Contract Amount: 3 . Contract Number
(. Franklin County Emergency Management
502 Boeing Street $610 , 011 E11 -127
Pasco, WA 99301
4 , Contractor's Contact Person, phone number: 5 . Contract Start Date : 6, Contract End Date :
John Scheer (509) 545-3546
ischeer(cD,co .franklin .wa . us August 1 , 2010 December 31 , 2012
7 , MD Program Manager/phone number: 8 . Data Universal Numbering 9 . UBI # (state revenue) :
Kristin Ramos (253) 512-7483 System (DUNS #) :
k. ramosRemd .wa . aov 134161517 601 -691 -678
10 , Funding Authority:
Washington State Military Department ( Department) and the U . S . Department of Homeland Security ( DHS)
11 . Funding Source Agreement #: 12 . Program Index # & OBJ/SUB-OJ 13 . CFDA # & Title : 14 . TIN or SSN :
2010-SS -T0 -0084 703SU , 703ST, 703SQ , 703SS , 703SA NZ 97 . 067 - SHSP 91 =1719850
15 . Service Districts : 16 . Service Area by County(ies): 17 . Women/Minority-Owned , State
( BY LEGISLATIVE DISTRICT) : 8 , 9 , 15 , 16 Certified ? : X N/A El NO
( BY CONGRESSIONAL DISTRICT) : 14, 5 Franklin County ❑ YES , OMWBE #
18 . Contract Classification : 19 . Contract Type (check all that apply) :
El Personal Services El Client Services X Public/Local Gov't X Contract El Grant ❑ Agreement
❑ Collaborative Research ❑ A/E ❑ Other ❑ Intergovernmental ( RCW 39 . 34) ❑ Interagency
20 . Contractor Selection Process : 21 . Contractor Type (check all that apply)
X "To all who apply & qualify" ❑ Competitive Bidding ❑ Private Organization/Individual ❑ For- Profit
❑ Sole Source ❑ A/E RCW ❑ N/A X Public Organization/Jurisdiction X Non - Profit
❑ Filed w/OFM? ❑ Advertised ? ❑ YES ONO ❑ VENDOR X SUBRECIPIENT ❑ OTHER
22 . BRIEF DESCRIPTION :
The U . S . Department of Homeland Security ( DHS) , Federal Emergency Management Agency ( FEMA) is providing funds to
t hance the capability of state , local, and tribal units of government to prevent, deter, respond to, and recover from
. .atastrophic and/or terrorist events through the FFY 2010 Homeland Security Grant, State Homeland Security Program .
This funding is being provided to address the unique exercise , training , planning , equipment, organization , and
management and administration needs for citizen preparedness and of emergency responders .
IN WITNESS WHEREOF , the Department and Contractor acknowledge and accept the terms of this contract and attachments
hereto and have executed this contract as of the date and year written below. This Contract Face Sheet, Special Terms and
Conditions , General Terms and Conditions (Exhibit A) , Statement of Work ( Exhibit B) and Budget ( Exhibit C ) govern the rights
and obligations of both parties to this contract.
In the event of an inconsistency in this contract , unless otherwise provided herein , the inconsistency shall be resolved by
giving precedence in the following order:
( a) Applicable Federal and State Statutes and Regulations
( b ) * Statement of Work
( c ) Special Terms and Conditions
(d ) General Terms and Conditions , and if attached ,
( e) Any other provisions of the contract incorporated by reference .
This contract contains all the terms and conditions agreed upon by the parties . No other understandings , oral or otherwise ,
regarding the subject matter of this contract shall be deemed to exist or to bind any of the parties hereto .
WHEREAS , the parties hereto have executed this contract on the day and year last specified below.
FOR THE DEPARTMENT : FOR THE CONTRACTOR:
Signatjdre Date Signature Date
James M . Mullen , Director Rick Miller, FCEM Board Chairman , or
Emergency Management Division
Washington State Military Department John Scheer, FCEM Director
PPROVED AS TO FORM : for
_. .: : rian E . Buchholz (signature on file) 3/ 12/2010 Franklin County Emergency
Assistant Attorney General g y Management
Form 10/27/00 kdb
FEMA-HSGP- FFY 2010 Page 1 of 17 4 Franklin County Emergency Management
E11 - 127
ARTICLE IV -- ADMINISTRATIVE REQUIREMENTS .
The Contractors 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 the
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 required Progress Reports to the e -mail address his . reporting @emd . wa . gov
as required in the contract Milestones .
3 . 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 Department for costs
incurred .
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 .
i
6 . The Contractor agrees that to receive any federal preparedness funding , all National Incident
Management System ( NIMBI ) 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 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 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 Department 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 Department
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.
FEMA- HSGP- FFY 2010 Page 3 of 17 Franklin County Emergency Management
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5 . Each A- 19 will be accompanied by a spreadsheet detailing the expenditures . Related financial documents
and invoices must be kept on file by the Contractor and be made available upon request to the
Department , and local , state , or federal auditors .
60 Requests for reimbursement of equipment purchases will include a copy of the vendor' s invoice and .
packing slip or a statement signed and dated by the Contractor' s authorized representative that states " all
items invoiced have been received in good working order, are operational , and have been inventoried
according to contract and local procurement requirements" . Equipment must be received and inventoried
by the contract end date in order to be reimbursed .
7 . No travel or subsistence costs , including lodging and meals , reimbursed with federal funds may exceed
federal maximum rates which can be found at hqp : /`/www. sa . ov .
ARTICLE VIII — EQUIPMENT MANAGEMENT:
1 . If purchasing equipment , the Contractor must meet the following requirements :
o Equipment must be in compliance with the FEMA Authorized Equipment List (AEL ) , as detailed at :
http ://www. rkb . us/ .
o Determine whether or not it is in the best interest of the Contractor to make purchases using its own
procurement process or ask the Department to make purchases on its behalf.
o Make a request to the Department in writing that authorizes the Department to de -obligate funding
from the Contractor' s contract and use the state ' s procurement process to purchase equipment on
behalf of the Contractor . This will necessitate an amendment to the contract reducing the
Contractor' s award by an amount sufficient for the Department to make the purchase ( s) . The
Department will pay the vendor directly and all items will be drop shipped to a location designated
by the Contractor .
2 . The Contractor or a Subcontractor shall submit all proposed equipment purchases to the Committee on
Homeland Security , Subcommittee on Equipment to ensure that the requested equipment is on the
Authorized Equipment List , is aligned with the statewide equipment purchasing strategy , and meets all
statewide interoperability and standardization requirements . No reimbursement for equipment costs will
occur until the appropriate approvals have been obtained .
3 . All equipment purchased under this contract , by the Contractor or a subcontractor, will be recorded and
maintained in the Contractor' s equipment inventory system , unless specific de-obligated funds are
contracted directly between a county , or other entity, and the State , in which case the contracted county
maintains the equipment records .
4 . Upon successful completion of the terms of this contract , all equipment purchased through this contract will
be owned by the Contractor, or a recognized subcontractor/subgrantee for which a contract , subgrant
agreement , or other means of legal transfer of ownership is in place .
5 . The Contractor, or a recognized subcontractor/subgrantee , shall be responsible for any and all operation
and maintenance expenses and for the safe operation of their equipment including all questions of liability.
6 . The Contractor shall maintain equipment records that include : a description of the equipment ; the
manufacturer' s serial number, model number , or other identification number ; the source of the equipment ,
including the Catalogue of Federal Domestic Assistance ( CFDA) number; who holds title ; the acquisition
date ; the cost of the equipment and the percentage of Federal participation in the cost ; the location , use
and condition of the equipment at the date the information was reported ; and disposition data including the
date of disposal and sale price of the equipment .
7 . Records for equipment shall be retained by the Contractor for a period of six years from the date of the
disposition , replacement or transfer. If any litigation , claim , or audit is started before the expiration of the
six year period , the records shall be retained by the Contractor until all litigations , claims , or audit findings
I
nvolving the records have been resolved .
8 . For the purpose of inventory and disposal of equipment purchased under this contract the 44 CFR Section
13 . 3 definition of equipment will be used . It defines equipment as a tangible , nonexpendable , personal
property having a useful life of more than one year and an acquisition cost of $ 5 , 000 or more per unit .
FEMA- HSGP- FFY 2010 Page 4 of 17 Franklin County Emergency Management
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This definition will be used for equipment purchased with contract funds , unless local or state regulations
are more restrictive .
9 . The Contractor shall take a physical inventory of the equipment and reconcile the results with the
equipment records at least once every two years . Any differences between quantities determined by the
physical inspection and those shown in the records shall be investigated by the Contractor to determine the
cause of the difference . The Contractor shall , in connection with the inventory , verify the existence , current
utilization , and continued need for the equipment .
10 . The Contractor shall develop a control system to ensure adequate safeguards to prevent loss , damage ,
unauthorized use and theft of equipment , to include small and attractive items . Any loss , damage or theft
shall be investigated and a rep ort generated .
11 . The Contractor will develop adequate maintenance procedures to keep the equipment in good condition .
12 . If the Contractor is authorized or required to sell the equipment , proper sales procedures must be
established to ensure the highest possible return .
13 . When original or replacement equipment is no longer needed for the original project or program or for other
activities currently or previously supported by a Federal agency , disposition of the equipment will be made
as follows :
• Items of equipment with a current per- unit fair market value of less than $ 5 , 000 may be retained , sold
or otherwise disposed of by the Contractor with no further obligation to the awarding agency .
• Items of equipment with a current per- unit fair market value of more than $ 5 , 000 may be retained or
sold and the Contractor shall compensate the Federal -sponsoring agency for its share .
14 . Equipment purchased with funds from DHS grant programs should be marked with " Purchased with funds
provided by the U . S . Department of Homeland Security" whenever possible .
15 . As a subrecipient of federal funds , the Contractor must pass on equipment management requirements that
meet or exceed the requirements outlined above for all subcontractors , consultants , and subrecipients who
receive pass-through funding from this contract .
ARTICLE IX — SUBRECIPIENT MONITORING
The Department will monitor the activities and equipment acquisition of the Contractor from award to closeout
and for the life of equipment purchased under this contract . The goal of the Department' s monitoring activities
will be to ensure that agencies receiving federal pass -through funds are in compliance with federal and state
audit requirements , federal grant guidance , and applicable federal and state financial regulations .
The Department' s monitoring activities may include , but not limited to :
• review of performance reports and documentation of contract deliverables completion ;
• documentation of phone calls , meetings , e- mails and correspondence ;
• review of reimbursement requests to ensure allowability and consistency with contract budget and
contract deliverables ;
• observation and documentation of contract related activities , such as planning , exercises , training ,
funded events and equipment demonstrations ;
• on-site visits to review equipment records and inventories , to verify source documentation for
reimbursement requests and performance reports , and to verify completion of deliverables .
As a subrecipient of federal funds , the Contractor is required to meet or exceed the monitoring activities , as
outlined above , for all subcontractors , consultants , and subrecipients who receive pass-through funding from
this contract.
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Exhibit A
Subrecipient
Washington Military Department
GENERAL TERMS AND CONDITIONS
1 . DEFINITIONS
As used throughout this contract , the following terms shall have the meaning set forth below:
a . " Department" shall mean the Washington Military Department , as a state agency , any division ,
section , office , unit or other entity of the Department, or any of the officers or other officials
lawfully representing that Department .
b . " Contractor" shall mean that firm , organization , group , individual , or other entity performing
services under this contract , and shall include all employees of the Contractor . It shall include
any subcontractor retained by the prime Contractor as permitted under the terms of this
contract . " Contractor" shall be further defined as one or the other of the following and so
indicated on face sheet of the contract .
1 ) " Subrecipient' shall mean a contractor that operates a federal or state assistance
program for which it receives federal funds and which has the authority to determine
both the services rendered and disposition of program funds .
2 ) " Vendor" shall mean a contractor that agrees to provide the amount and kind of service
or activity requested by the Department and that agrees to provide goods or services to
be utilized by the Department .
C , " Subcontractor" shall mean one , not in the employment of the Contractor, who is performing all
t
or part of those services under this contract under a separate contract with the Contractor. The
terms " subcontractor" and " subcontractors" mean subcontractor( s) in any tier.
d . " Recipient"— a nonfederal entity that expends federal awards received directly from a federal
awarding agency to carry out a federal program .
e . " Pass -Through Entity" means the Washington State Military Department as it is applied to this
contract . As found in SAAM 50 . 30 . 30 — "A nonfederal entity that provides a federal award to a
subrecipient to carry out a federal program . "
f. " Nonfederal Entity" is defined as a state local government or nonprofit organization (as
defined in federal Circular A- 133 ) .
g . " Cognizant State Agency" shall mean a state agency that has assumed the responsibility of
implementing single audit requirements and coordinating audit follow-up for a particular grantee
by virtue of providing the majority of federal assistance . If funds are received from more than
one state agency , the cognizant state agency shall be the agency who contributes the largest
portion of federal financial assistance to the subrecipient unless the designation has been
reassigned to a different state agency by mutual agreement .
h . " Federal Financial Assistance" — Assistance that nonfederal entities receive or administer in
the form of grants , loans , loan guarantees , property ( including donated surplus property) ,
cooperative agreements , interest subsidies , insurance , food commodities , direct appropriations
or other assistance . It does not include amounts received for provision of vendor services to
federal agencies or reimbursement for services rendered directly to individuals .
i . " Grant" - For the purposes herein , the term " grant" may be used to mean " contracts" or "grants"
or " agreements" .
j . "CFDA Number" — The five-digit number assigned to a federal assistance program in the
federal Catalog of Federal Domestic Assistance (CFDA) or, in the absence of a catalog defined
number, the number defined by instructions from the federal audit clearinghouse .
k . " CFR" — Code of Federal Regulations
I . "OMB" — Office of Management and Budget
MR " RCW" - Revised Code of Washington
n "WAC " - Washington Administrative Code .
FEMA- HSGP- FFY 2010 Page 6 of 17 Franklin County Emergency Management
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2 . SUBRECIPIENT MONITORING
a . The Department , as a Recipient and/or Pass -Through Entity , receives federal financial Y
assistance under federal programs and is charged with maintaining compliance with federal
and state laws and regulations regarding the monitoring , documentation , and auditing of
subrecipient grant activities using federal financial assistance . Management and
implementation guidelines for the federal programs ensure compliance with statutes , grant
guidelines , the sub-award agreement , Office of Management and Budget ( OMB ) circulars
( including OMB Circular A- 133 ) , subrecipient audits , and other guidance found in the Federal
Register .
b . The Contractor shall perform under the terms of the contract and the Department has
responsibility for reasonable and necessary monitoring of the Contractor' s performance . The
Department shall conduct contract monitoring activities on a regular basis . Monitoring is defined
as any planned , ongoing , or periodic activity that measures and ensures contractor compliance
with the terms , conditions , and requirements of a contract .
Monitoring involves prudent collection of information about Contractor operations and is not
limited to site visits or the completion of formal reviews . Monitoring may include periodic
contractor reporting to the Department , Department review of audit reports , invoice reviews ,
onsite reviews and observations , and surveys . Adequate documentation is essential for
effective contract monitoring and will include copies of letters , meeting notes , and records of
phone conversations as evidence that conscientious monitoring has occurred during the period
of the contract . Subrecipient monitoring will occur throughout the year rather than relying solely
on a once -a -year audit . The Contractor agrees to cooperate with all monitoring activities and to
comply with reporting requirements .
The Department as the Recipient and/or Pass-Through Entity will conduct on -site visits as
appropriate and required by contract for "for- profit" subrecipients , since, the A- 133 Single
Audit does not apply to "for- profit" organizations .
3 . RECORDS , MONITORING AND AUDIT ACCESS
a . The Contractor shall cooperate with and fully participate in all monitoring or evaluation activities
that are pertinent to this contract .
b . Access to public records-the Contractor acknowledges that the Department is subject to the
Public Records Act , Chapter 42 . 56 RCW , and that records prepared , owned , used or retained
by the Department relating to the conduct of government or the performance of any
governmental or proprietary function are available for public inspection and copying , except as
exempt under RCW 42 . 56 or other statute which exempts or prohibits disclosure of specific
information or records .
C , The Contractor shall maintain all books , records , documents , data and other evidence relating
to this contract and the provision of any materials , supplies , services and/or equipment under
this contract herein , including , but not limited to , records of accounting procedures and practices
that sufficiently and properly reflect all direct and indirect costs of any nature expended in the
performance of this contract . At no additional cost , these records , including materials generated
under the contract: , shall be subject at all reasonable times to inspection , review and audit by
personnel duly authorized by the Department , the Washington State Auditor' s Office , and
federal officials so authorized by law, rule , regulation , or contract . The Contractor will retain all
books , records , documents , and other materials relevant to this contract and make them
available for inspection , review or audit for six ( 6 ) years from the end date of this contract , date
of final payment or conclusion of services performed under this contractor, whichever is later. If
any litigation , claim or audit is started before the expiration of the six ( 6 ) year period , the records
shall be retained until final resolution of all litigation , claims , or audit findings involving the
records .
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d . Contractor shall provide right of access to its facilities and records to the Department and any
other authorized agent or official of the state of Washington or the federal government , at all
reasonable times , in order to monitor and evaluate performance , compliance , and/or quality
assurance under this contract .
4 . SINGLE AUDIT ACT REQUIREMENTS ( INCLUDING ALL AMENDMENTS )
Non-federal entities as subrecipients that expend $ 500 , 000 or more in one fiscal year of federal funds
from all sources , direct and indirect , are required to have a single or a program -specific audit conducted
in accordance with the Office of Management and Budget ( OMB ) Circular A- 133-Audits of States , Local
Governments , and Non- Profit Organizations ( revised June 27 , 2003 , effective for fiscal years ending
after December 31 , 2003) . Non-federal entities that spend less than $ 1500 , 000 a year in federal awards
are exempt from federal audit requirements for that year , except as noted in Circular No . A- 133 .
Circular A- 133 is available on the OMB Home Page at http : //www . olmb . gov and then select " Grants
Management" followed by " Circulars " .
Contractors required to have an audit must ensure the audit is performed in accordance with Generally
Accepted Auditing Standards ( GAAS ) as found in the Government Auditing Standards ( the Revised
Yellow Book ) developed by the Comptroller General and the OMB Compliance Supplement . The
Contractor has the responsibility of notifying the Washington State Auditor' s Office and requesting an
audit . Costs of the audit may be an allowable grant expenditure .
The Contractor shall maintain auditable records and accounts so as to facilitate the audit requirement
and shall ensure that any subcontractors also maintain auditable records .
The Contractor is responsible for any audit exceptions incurred by its own organization or that of its
subcontractors . Responses to any unresolved management findings and disallowed or questioned
costs shall be included with the audit report . The Contractor must respond to Department requests for
information or corrective action concerning audit issues or findings within 30 days of the date of
request. The Department reserves the right to recover from the Contractor all disallowed costs
resulting from the audit .
Once the single audit has been completed , the Contractor must send a full copy of the audit to the
Department and a letter stating there were no findings , or if there were findings , the letter should
provide a list of the findings . The Contractor must send the audit and the letter no later than nine ( 9 )
months after the end of the Contractor' s fiscal year( s) to :
Accounting Manager
Washington Military Department
Finance Division , Building # 1 TA-20
Camp Murray, WA 98430- 5032
In addition to sending a copy of the audit , the Contractor must include a corrective action plan for any
audit findings and a copy of the management letter if one was received .
The Contractor shall include the above audit requirements in any subcontracts .
50 RECAPTURE PROVISIONS
In the event that the Contractor fails to expend funds under this contract in accordance with applicable
state and federal laws and/or the provisions of this contract , the Department reserves the right to
recapture funds in an amount equivalent to the extent of the noncompliance in addition to any other
remedies available at law or in equity .
Such right of recapture shall exist for a period not to exceed six ( 6 ) years following contract termination
or audit resolution , whichever is later. Repayment by the Contractor of funds under this recapture
provision shall occur within 30 days of demand . The Department is required to institute legal
proceedings to enforce the recapture provision .
60 COMPLIANCE WITH APPLICABLE LAW
The Contractor and all subcontractors shall comply with all applicable federal , state , tribal government ,
and local laws , regulations , and policies .
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This obligation includes , but is not limited to , compliance with Ethics in Public Service ( RCW 42 . 52 ) ;
Covenant Against Contingent Fees ( 48 C . F . R . § 52 . 203- 5 ) ; Public Records Act ( RCW 42 . 56 ) ; Drug -
Free Workplace Act of 1988 ( 41 U . S . C . § 701 et seq . and 15 C . F . R . Part 29 ) ; Lobbying Restrictions ( 31
U . S . C . § 1352 and 15 C . F . R . Part 28 ) ; and safety and health regulations . The Department is not
responsible for advising the Contractor about , or determining the Contractor' s compliance with ,
applicable laws , regulations and policies .
In the event of the Contractor' s or a subcontractor' s noncompliance or refusal to comply with any
applicable law , regulation or policy , the Department may rescind , cancel , or terminate the contract in
whole or in part . The Contractor is responsible for any and all costs or liability arising from the
Contractor' s failure to comply with applicable law, regulation or policy .
7 . NONDISCRIMINATION
During the performance of this contract , the Contractor shall comply with all federal and state
nondiscrimination statutes and regulations . These requirements include , but are not limited to :
a . Nondiscrimination in Employment : The Contractor shall not discriminate against any employee
or applicant for employment because of race , color, sex , sexual orientation , religion , national
origin , creed , marital status , age , Vietnam era or disabled veterans status , or the presence of
any sensory , mental , or physical handicap . Such action shall include , but not be limited to , the
following : Employment , upgrading , demotion , or transfer , recruitment or recruitment selection
for training , including apprenticeships and volunteers . This requirement does not apply ,
however , to a religious corporation , association , educational institution or society with respect to
the employment of individuals of a particular religion to perform work connected with the
carrying on by such corporation , association , educational institution or society of its activities .
b . Nondiscrimination laws and policies (such as RCW 49 . 60 , Washington ' s Law Against
Discrimination , and Title VII of the Civil Rights Act) .
80 AMERICANS WITH DISABILITIES ACT (ADA) OF 1990 , PUBLIC LAW 101 - 336 , 42 U . S . C . § 12101
et seq . and 28 C . F . R Part 35 and other implementing regulations . The Contractor must comply with the
ADA , which provides comprehensive civil rights protection to individuals with disabilities in the areas of
employment , public accommodations , state and local government services , and telecommunication .
90 UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES ( MWBE )
The Contractor is encouraged to utilize firms that are certified by the Washington State Office of
Minority and Women ' s Business Enterprises as minority-owned and/or women -owned in carrying out
the purposes of this contract .
10 . PUBLICITY
The Contractor agrees to submit to the Department all advertising and publicity relating to this contract
wherein the Department' s name is mentioned or language used from which the connection of the
Department' s name may , in the Department' s judgment , be inferred or implied . The Contractor agrees
not to publish or use such advertising and publicity without the prior written consent of the Department .
11 , DISCLOSURE
The use or disclosure by any party of any information concerning the Department for any purpose not
directly connected with the administration of the Department's or the Contractor' s responsibilities with
respect to services provided under this contract is prohibited except by prior written consent of the
Department or as required to comply with the Public Records Act or court order.
12 . CERTIFICATION REGARDING DEBARMENT SUSPENSION OR INELIGIBILITY
If federal funds are the basis for this contract , the Contractor certifies that neither the Contractor nor its
principals are presently debarred , suspended , proposed for debarment , declared ineligible , or
voluntarily excluded from participating in this contract by any federal department or agency . If
requested by the Department , the Contractor shall complete and sign a Certification Regarding
Debarment , Suspension , Ineligibility , and Voluntary Exclusion form . Any such form completed by the
Contractor for this Contract shall be incorporated into this Contract by reference .
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Further , the Contractor agrees not to enter into any arrangements or contracts related to this grant with
any party that is on the " General Service Administration List of Parties Excluded from Federal
Procurement or Non- procurement Programs" which can be found at wvvw. epis . gov .
13 . LIMITATION OF AUTHORITY -- "Authorized Signature "
The signatories to this contract represent that they have the authority to bind their respective
organizations to this contract . Only the assigned Authorized Signature for each panty , or the assigned
delegate by writing prior to action , shall have the express , implied , or apparent authority to alter ,
amend , modify , or waive any clause or condition of this contract: . Furthermore , any alteration ,
amendment , modification , or waiver of any clause or condition of this contract is not effective or binding
unless made in writing and signed by the Authorized Signature( s ) .
14 . CONTRACTOR NOT EMPLOYEE — INDEPENDENT STATUS OF CONTRACTOR
The parties intend that an independent contractor relationship will be created by this contract . The
Contractor and/or employees or agents performing under this contract are not employees or agents of
the Department in any manner whatsoever , and will not be presented as nor claim to be officers or
employees of the Department or of the State of Washington by reason hereof, nor will the Contractor
and/or employees or agents performing under this contract make any claim , demand , or application to
or for any right , privilege or benefit applicable to an officer or employee of the Department or of the
State of Washington , including , but not limited to , Worker' s Compensation coverage , unemployment
insurance benefits , social security benefits , retirement membership or credit , or privilege or benefit
which would accrue to a civil service employee under Chapter 41 . 06 RCW .
It is understood that if the Contractor is another state department , state agency , state university , state
college , state community college , state board , or state commission , that the officers and employees are
employed by the state of Washington in their own right .
If the Contractor is an individual currently employed by a Washington State agency , the Department
shall obtain proper approval from the employing agency or institution . A statement of " no conflict of
interest" shall be submitted to the Department .
15 , NONASSIGNABILITY
This contract , the work to be provided under this contract , and any claim arising thereunder, are not
assignable or delegable by either party in whole or in part , without the express prior written consent of
the other party , which consent shall not be unreasonably withheld .
16 . SUBCONTRACTING
Neither the Contractor nor any subcontractor shall enter into subcontracts for any of the work
contemplated under this contract without obtaining prior written approval of the Department . Contractor
shall use a competitive process in award of any contracts with subcontractors that are entered into after
original contract award . All subcontracts entered into pursuant to this contract shall incorporate this
contract in full by reference . In no event shall the existence of the subcontract operate to release or
reduce the liability of the Contractor to the Department for any breach in the performance of the
Contractor's duties . The Military Department may request a copy of any and/or all subcontracts for
work being completed under this contract .
17 . CONTRACT MODIFICATIONS
The Department and the Contractor may , from time to time , request changes to the contract or grant .
Any such changes that are mutually agreed upon by the Department and the Contractor shall be
incorporated herein by written amendment to this contract. It is mutually agreed and understood that
no alteration or variation of the terms of this contract shall be valid unless made in writing and signed by
the parties hereto , and that any oral understanding or agreements not incorporated herein , unless
made in writing and signed by the parties hereto , shall not be binding .
186 SEVERABILITY
In the event any term or condition of this contract , any provision of any document incorporated by
reference , or application of this contract to any person or circumstances is held invalid , such invalidity
shall not affect other terms , conditions , or applications of this contract which can be given effect without
the invalid term , condition , or application . To this end , the terms and conditions of this contract are
declared severable .
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19 . ADVANCE PAYMENTS PROHIBITED
The Department shall make no payments in advance or in anticipation of goods or services to be
provided under this contract . Contractor shall not invoice the Department in advance of delivery of such
goods or services .
20 . TAXES , FEES AND LICENSES
Unless otherwise provided in this contract , the Contractor shall pay for and maintain in current status all
taxes , unemployment contributions , fees , licenses , assessments , permit charges and expenses of any
other kind for the Contractor or its staff required by statute or regulation that are necessary for contract
performance .
21 . TRAVEL AND SUBSISTENCE REIMBURSEMENT
Unless the contract specifically provides for different rates , any travel or subsistence reimbursement
allowed under the contract shall be paid in accordance with rates set pursuant to RCW 43 . 03 . 050 and
RCW 43 . 03 . 060 as now existing or amended . The Contractor may be required to provide to the
Department copies of receipts for any travel related expenses other than meals and mileage ( example :
parking lots that do not provide receipts ) that are authorized under this contract .
22 . GOVERNING LAW AND VENUE
This contract shall be construed and enforced in accordance with , and the validity and performance
hereof shall be governed by , the laws of the state of Washington . Venue of any suit between the
parties arising out of this contract shall be the Superior Court of Thurston County , Washington .
230 HOLD HARMLESS AND INDEMNIFICATION
Each party to this contract shall be responsible for injury to persons or damage to property resulting
from negligence on the part of itself, its employees , agents , officers , or subcontractors . Neither party
assumes any responsibililty to the other party for the consequences of any act or omission of any third
party .
240 WAIVER OF DEFAULT
Waiver of any default or breach shall not be deemed to be a waiver of any other or subsequent default
or breach . Any waiver shall not be construed to be a modification of the terms of this contract unless
stated to be such in writing signed by The Adjutant General or the Authorized Signature for the
Department and attached to the original contract .
250 DISPUTES
The parties shall make every effort to resolve disputes arising out of or relating to this contract through
discussion and negotiation . Should discussion and negotiation fail to resolve a dispute arising under
this contract , the parties :> hall select a dispute resolution team to resolve the dispute . The team shall
consist of a representative appointed by each party and a third representative mutually agreed upon by
both parties . The team shall attempt, by majority vote , to resolve the dispute .
Both parties agree that this disputes process shall precede any action in a judicial or quasi -judicial
tribunal . Nothing in this section shall preclude the parties from mutually agreeing to a different dispute
resolution method in lieu of the procedure outlined above .
260 ATTORNEY' S FEES
In the event of litigation or other action brought to enforce contract terms , or alternative dispute
resolution process , each party agrees to bear its own attorney' s fees and costs .
27 . LOSS OR REDUCTION OF FUNDING
In the event funding from state , federal , or other sources is withdrawn , reduced , or limited in any way
after the effective date of this contract and prior to normal completion , the Department may reduce its
scope of work and budget or unilaterally terminate all or part of the contract as a "Termination for
Cause" , without providing the Contractor an opportunity to cure . Alternatively , the parties may
renegotiate the terms of this contract under " Contract Modifications " to comply with new funding
limitations and conditions ;, although the Department has no obligation to do so .
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28 . TERMINATION OR SUSPENSION FOR CAUSE
In the event the Department , in its sole discretion , determines the Contractor has failed to fulfill in a
timely and proper manner its obligations under this contract , is in an unsound financial condition so as
to endanger performance hereunder, is in violation of any laws or regulations that render the Contractor
unable to perform any aspect of the contract , or has violated any of the covenants , agreements or
stipulations of this contract , the Department has the right to immediately suspend or terminate this
contract in whole or in part.
The Department may notify the Contractor in writing of the need to take corrective action and provide a
period of time in which to cure . The Department is not required to allow the Contractor an opportunity
to cure if it is not feasible as determined solely within the Department' s discretion . Any time allowed for
cure shall not diminish or eliminate the Contractor' s liability for damacles or otherwise affect any other
remedies available to the Department . If the Department allows the Contractor an opportunity to cure ,
the Department shall notify the Contractor in writing of the need to take corrective action . If the
corrective action is not taken within ten ( 10 ) calendar days or as otherwise specified by the Department ,
or if such corrective action is deemed by the Department to be insufficient , the contract may be
terminated in whole or in part .
The Department reserves the right to suspend all or part of the contract , withhold further payments , or
prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged
compliance breach , pending corrective action by the Contractor, if allowed , or pending a decision by the
Department to terminate the contract in whole or in part .
In the event of termination , the Contractor shall be liable for all damages as authorized by law , including
but not limited to , any cost difference between the original contract and the replacement or cover
contract and all administrative costs directly related to the replacement contract , e . g . , cost of
administering the competitive solicitation process , mailing , advertising and other associated staff time .
The rights and remedies of the Department provided for in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law.
If it is determined that the Contractor: ( 1 ) was not in default or material breach , or ( 2 ) failure to perform
was outside of the Contractor' s control , fault or negligence , the termination shall be deemed to be a
"Termination for Convenience " .
29 , TERMINATION FOR CONVENIENCE
Notwithstanding any provisions of this contract , the Contractor may terminate this contract by providing
written notice of such termination to the Department' s Key Personnel identified in the contract ,
specifying the effective date thereof, at least thirty ( 30 ) days prior to such date .
Except as otherwise provided in this contract , the Department , in its sole discretion and in the best
interests of the State of Washington , may terminate this contract in whole or in part by providing ten
( 10 ) calendar days written notice , beginning on the second day after mailing to the Contractor. Upon
notice of termination for convenience , the Department reserves the right to suspend all or part of the
contract , withhold further payments , or prohibit the Contractor from incurring additional obligations of
funds . In the event of termination , the Contractor shall be liable for all damages as authorized by law.
The rights and remedies of the Department provided for in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law.
300 TERMINATION PROCEDURES
In addition to the procedures set forth below, if the Department terminates this contract , the Contractor
shall follow any procedures specified in the termination notice . Upon termination of this contract and in
addition to any other rights provided in this contract , the Department may require the Contractor to
deliver to the Department any property specifically produced or acquired for the performance of such
part of this contract as has been terminated .
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If the termination is for convenience , the Department shall pay to the Contractor the agreed upon price ,
if separately stated , for properly authorized and completed work and services rendered or goods
delivered to and accepted by the Department prior to the effective date of contract termination , and the
amount agreed upon by the Contractor and the Department for ( i ) completed work and services and /or
equipment or supplies provided for which no separate price is stated , ( ii ) partially completed work and
services and/or equipment or supplies provided which are accepted by the Department , ( iii ) other work ,
services and/or equipment or supplies which are accepted by the Department , and ( iv) the protection
and preservation of property .
Failure to agree with such amounts shall be a dispute within the meaning of the " Disputes" clause of
this contract . If the termination is for cause , the Department shall determine the extent of the liability of
the Department . The Department shall have no other obligation to the Contractor for termination . The
Department may withhold from any amounts due the Contractor such sum as the Department
determines to be necessary to protect the Department against potential loss or liability .
The rights and remedies of the Department provided in this contract shall not be exclusive and are in
addition to any other rights and remedies provided by law.
After receipt of a notice of termination , and except as otherwise directed by the Department in writing ,
the Contractor shall :
a . Stop work under the contract on the date , and to the extent specified , in the notice ;
b . Place no further orders or subcontracts for materials , services , supplies , equipment and /or
facilities in relation to this contract except as may be necessary for completion of such portion of
the work under the! contract as is not terminated ;
C , Assign to the Department , in the manner, at the times , and to the extent directed by the
Department , all of the rights , title , and interest of the Contractor under the orders and
subcontracts so terminated , in which case the Department has the right , at its discretion , to
settle or pay any or all claims arising out of the termination of such orders and subcontracts ;
d . Settle all outstanding liabilities and all claims arising out of such termination of orders and
subcontracts , with the approval or ratification of the Department to the extent the Department
may require , which approval or ratification shall be final for all the purposes of this clause ;
e . Transfer title to the Department and deliver in the manner , at the times , and to the extent
directed by the Department any property which , if the contract had been completed , would have
been required to be furnished to the Department ;
f. Complete performance of such part of the work as shall not have been terminated by the
Department in compliance with all contractual requirements ; and
g . Take such action as may be necessary , or as the Department may require , for the protection
and preservation of the property related to this contract which is in the possession of the
Contractor and in which the Department has or may acquire an interest .
AAG Approved 9/ 12/2007 : revised 2010
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Exhibit B
Statement of Work
FFY 2010 State Homeland Security Program
INTRODUCTION : The Washington State Military Department Emergency Management Division 's ( EMD)
Homeland Security Section is responsible for programs designed to prepare and improve the State ' s ability to
prepare for, prevent , protect against, respond to and recover from terrorist attacks and other major disasters .
Through the U . S . Department of Homeland Security ( DHS ) , Federal Emergency Management Agency ( FEMA ) ,
the FFY 2010 State Homeland Security Program is providing funds to enhance the capability of state and local
units of government to make measurable progress towards the achievement of the National Preparedness
Guidelines by addressing the unique exercise , training , planning , organization , equipment , and administration
needs of citizen preparedness and of emergency responders . Washington State is subdivided into nine ( 9 )
Homeland Security Regions . Within each of the nine regions a Regional Homeland Security Coordinating
Office ( RHSCO ) has been identified . Franklin County Emergency Management is the Region 8 RHSCO .
Franklin County Emergency Management ( herein known as the Contractor) agrees to the following :
GENERAL PROGRAM REQUIREMENTS :
• Work closely with the established Regional Homeland Security Council to develop a strategy and
subsequent budget for the use of these funds . The implementation of the projects or activities associated
with these funds will be coordinated with the counties , cities , and the tribal governments located within the
established region .
• Activities under this contract must have a clear correlation to the goals , objectives , and priorities identified
in the Washington State Strategic Plan and corresponding Investment Justifications submitted in the FFY
2010 grant application .
• Plan and implement equipment purchases , exercises , training , planning and management , and
administration activities in accordance with the FFY 2010 Homeland Security Grant Program Guidance ,
which can be found at . shtm , as well as all subsequent
policy changes .
• Ensure that all subcontractors and subgrantees are in compliance with the FFY 2010 Homeland Security
Grant Program Guidance through monitoring of expenditures and periodic reviews of activities .
• The FFY 2010 HSGP grant stipulates the following caps and thresholds :
° The Contractor will not be reimbursed for Management and Administrative costs that exceed
$ 52 , 225 of the total contract award .
° The Contractor will not be reimbursed for personnel costs related to planning , training , exercise
and/or equipment activities that exceed $432 , 391 .
° The Contractor must spend a minimum of $ 170 , 254 of the contract award on law enforcement
terrorism prevention -activities .
THE CONTRACTOR AGREES TO:
1 . Maintain and enhance regional collaboration , strategic planning , ICS/NIMS training/implementation ,
exercises , and interoperable communications integration/planning .
2 . Provide first responder training identifying roles/responsibilities and understanding of operational
procedures/processes following the ICS structure and further aligning with NIMS compliance standards .
3 . Provide technical rescue training and purchase approved technical rescue equipment for first responders to
enhance response to all hazard events through the tri -county region .
4 . Purchase approved interoperable communications equipment to upgrade the Pasco Police end users
portion of the Franklin County Communications system .
5 . Purchase approved equipment to enhance recently acquired dispatch consoles to improve communications
between law enforcement and fire agencies throughout the county .
6 . Purchase approved response and recover equipment and supplies to first responders in Klickitat County to
enhance first responder safety and improve incident management and command capabilities .
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7 . Conduct approved On -Site Incident Management , Responder Safety & Health , and Fire Incident Response
Support training within Walla Walla to enhance regional response .
8 . Purchase approved interoperable communications equipment and provide interoperable planning
assistance to the Yakama Nation to upgrade the Tribe ' s communication infrastructure to benefit Tribal Law
Enforcement , Fire Management , Emergency Medical Services , and Emergency Management ,
9 . Provide approved training for the Special Operations Teams to attend proficiency training and replenish
team member positions , as well as approved response equipment to enhance team capabilities .
10 . Each A- 19 will be accompanied by a spreadsheet detailing the expenditures . Related financial documents
and invoices must be kept on file by the Contractor and be made available upon request to the
Department , and local , state , or federal auditors . Requests for reimbursement of equipment purchases will
include a copy of the vendor' s invoice and packing slip .
11 . If necessary , hire a Subcontractor to assist in accomplishing the contract tasks .
THE MILITARY DEPARTMENT AGREES TO .
1 . Provide technical assistance , expertise , and state coordination with FEMA where necessary .
2 . Reimburse the Contractor within 45 days of receipt and approval of requests for reimbursement which
includes all documentation of expenditures as required .
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MILESTONES
FFY 2010 State Homeland Security Program
MILESTONE TASK
August 1 , 2010 Start of contract performance period .
October 2010 Contract Execution .
January 15 , 2011 Submission of Bi -annual Progress Report ,
July 15 , 2011 Submission of Bi -annual Progress Report .
September 30 , 2011 Submit NIMS compliance report via NIMSCAST .
January 15 , 2012 Submission of Bi -annual Progress Report .
July 15 , 2012 Submission of Bi -annual Progress Report .
September 30 , 2012 Submit NIMS compliance report via NIMSCAST .
December 31 , 2012 End of contract performance period .
No later than February 15 , 2013 Submit all final reports , requests for reimbursement and/or
deliverables .
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Exhibit C
BUDGET SHEET
FFY 2010 State Homeland Security Program
PLANNING Sub-Category Funding Source : 703SU
Salaries & Benefits $ -
Consultants/Sub-Contracting $ -
Goods & Services $ -
Travel & Per Diem $ -
Pass Thru $ 356 , 858
Other- Indirect $ -
Total $ 3561858
TRAINING Sub-Category Funding Source : 703ST
_ Salaries & Benefits $ -
Overtime $ -
Consultants/Sub-Contracting $ -
Goods & Services $ -
Travel & Per Diem $ -
Pass Thru $ 283400
Other-Indirect $ -
Total $ 28 , 400
EXERCISE Sub-Category Funding Source : 703SQ
Salaries & Benefits $ -
Overtime $ -
Consultants/Sub-Contracting $ -
Goods & Services $ -
Travel & Per Diem $ -
Pass Thru $ 36 , 000
Other-Indirect $ -
Total $ 36 , 000 . 00
MANAGEMENT &
ADMINISTRATION Sub-Category Funding Source : 703SA
Salaries & Benefits $ 281000
Consultants/Sub-Contracting $ -
Goods & Services $ 20 , 225
Travel & Per Diem $ 45000
Pass Thru $ -
Other-Indirect $ -
Total $ 52 , 225
EQUIPMENT Sub-Category Funding Source : 703SS
Equipment $ 1361528
Pass Thru $ -
Other-Indirect $ -
Total $ 1361528
C Total Budget $ 6103011
1 . Cumulative changes to budget categories in excess of 101/6 of the contract award will not be reimbursed without prior written authorization
from the Department.
2 . Federal funds may not replace (supplant) funds that have been appropriated for the same purpose .
3 . The Contractor will not be reimbursed for Management and Administrative costs that exceed $ 52 , 225.
4 . The Contractor will not be reimbursed for personnel costs related to planning , training , exercise and equipment activities that exceed
$432 , 391 .
5 . A minimum of $ 170 , 254 of the contract: award must be spent on law enforcement terrorism prevention activities.
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