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HomeMy WebLinkAbout06/15/2010 23 Operation Eagle Eye Federal Pass-through Grant; Funds Allocation • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 2-3 For Meeting Of: June 15, 2010 ITEM TITLE: Legislation regarding Operation Eagle Eye. A. A resolution accepting a federal pass- through grant to reimburse expenses incurred due to Operation Eagle Eye. B. An ordinance amending the 2010 Budget in various funds for emergency responder expenditures and available grant revenue associated with Operation Eagle Eye, a program coordinated by the Yakima Valley Office of Emergency Management SUBMITTED BY: Kelly Rosenow, Deputy Police Chief Cindy Epperson, Deputy Director of Accounting and Budgeting, �°' CONTACT PERSON/TELEPHONE: Cindy Epperson — 576 -6644 Tara Lewis, Financial Services Officer — 576 -6639 SUMMARY EXPLANATION: The City of Yakima has been awarded a sub -grant by the Yakima Valley Office of Emergency Management for its participation in Operation Eagle Eye. Federal grant funds were made available to Franklin County which in turn passed through funds to Yakima Valley Office of • Emergency Management (a special purpose organization for Yakima County) to coordinate Operation Eagle Eye. The County requested participation by the City in the exercise to plan, train and equip emergency responders and is now offering reimbursement of City expenditures resulting from participation in the exercise. The attached housekeeping legislation formally accepts the grant and amends the 2010 budget in various funds (see schedule 1 in enclosed Ordinance). It is a balanced budget amendment requiring no local match. Resolution X Ordinance X Contract X Other (Specify) Interagency Agreement Funding Source Pass through grant from the Yakima Valley Office of Emergency Management APPROVAL FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: A) Adopt Resolution; B) Read Ordinance by title only at the June 15, 2010 meeting. Pass Ordinance after the second reading at the July 6, 2010 Council meeting. BOARD RECOMMENDATION: COUNCIL ACTION: RESOLUTION NO. R- 2010 - A RESOLUTION directing the City Manager to ratify an agreement with the Yakima Valley Office of Emergency Management to receive federal pass through reimbursement for the City's participation in Operation Eagle Eye. WHEREAS, the Yakima Valley Office of Emergency Management received grant funds that they are making available to the City of Yakima in the amount of $35,389 to cover costs associated with participation in Operation Eagle Eye; and WHEREAS, the City Council of the City of Yakima has determined that training and equipping emergency responders is necessary to the safety and security of the residents of the City; and WHEREAS, the City Council believes that it is advantageous and appropriate for the City to recover costs incurred while participating in the joint training operation with other emergency responders during the recent.Operation Eagle Eye training event; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to ratify a contract with the Yakima Valley Office of Emergency Management that provides for the reimbursement of $35,388.94 of expenditures associated with the City's participation in Operation Eagle Eye. • ADOPTED BY THE CITY COUNCIL this 15 day of June, 2010. Micah Cawley, Mayor ATTEST: City Clerk • ORDINANCE NO. 2010 - AN ORDINANCE amending the 2010 budget for the City of Yakima; and making appropriations of $35,389 in Various Funds (see Schedule 1 below) for expenditure during 2010 to provide for grant supported emergency responder activities coordinated by the Yakima Valley Office of Emergency Management. WHEREAS, the City of Yakima has been awarded a sub -grant from the Yakima Valley Office of Emergency Management to participate in Operation Eagle Eye;, and WHEREAS, the amount of $35,389 must be appropriated within the various funds listed in Schedule 1 below for expenditure during 2010 to provide for participation in emergency responder planning, training and equipping; and WHEREAS, at the time of the adoption of the 2010 budget it could not be reasonably foreseen that the appropriation provided for by this ordinance would be required; and the City Council declares that an emergency exists of the type contemplated by RCW 35.33.091 and that it is in the best interests of the City to make the appropriation herein provided, now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. The amount of $35,389 is hereby appropriated from the Unappropriated Fund Balances in various funds to the accounts listed in Schedule 1 as a 2010 appropriation: Schedule 1 152 Police Grants Fund Resources Appropriations Grant Revenue 152- 152 - 117 -EAGL- 33397 -067 $ 28,542 SWAT Supplies 152- 152 - 117 -EAGL- 52120 -311 $ 20,540 Police Overtime 152 -152- 117 -EAGL- 52120 -120 $ 8,001 Total Police $ 28,542 $ 28,542 000 General Fund — Fire Grant Revenue 000 - 000 - 122 -0000- 33397 -067 $ 5,871 Administrative Overtime 000 - 032 - 122 - 0000 - 52210 -120 $ 929 Fire Suppression Overtime 000- 032 - 122 - 0000- 52220 -120 $ 4,942 Total Fire Expenditures $ 5,871 $ 5,871 151 Communications Fund Grant Revenue 151- 151- 124- 0000 - 33397 -067 $ 976 Dispatcher Overtime 151 - 151 - 124- 0000 - 52880 -120 $ 976 Section 2. This ordinance is one making an appropriate • g and shall take effect immediately after its passage, approval, and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 6th day of July, 2010. Micah Cawley, Mayor ATTEST: City Clerk Ordinance No.: Publication Date: Effective Date: • • -2- Yakima Valley Office of Emergency Management Interagency Agreement • Cover Sheet Th agreement is between the Yakima Valley Office of Emergency Management and the Contractor • identified below, and is Issued pursuant to.`the Interlocal Cooperation Act Cha pter 39:34 RC.W Contract Information 1. Federal Grant Name: State Homeland Security Program (SHSP) FFY 2. Contract Number 3. Contract Amount 4. Contract Start Date 5. Contract End Date YVOEM 10 -001 « ** Date of final 7/31/2011 Signature. Below 6. Is the Contractor a subrecipiant of federal assistance for the purposes 7. CFDA # 8. Federal Grant Award # of this agreement? Yes ® No 97.067 - SHSP 2008 -GE -T8 -0038 Contractor Information 9. Contractor Name and Address 10. Contractors Contact Person 11. Contract Phone #, Fax #, and E -mail City of Yakima (509)576 -6639 129 North 2nd Street Tara Lewis (509)576 -6364 Yakima, Wa 98901 Yakima Valley Office of Emergency Management Information 12. YVOEM Project Manager Name and Title 13. YVOEM Project Mgrs Contact Information Jim Hall Phone (509) 574 -1904 Director Fax (509).574 -1901 E -mail jim.hall(a co.yakima.wa.us 14. Attachments: ® Franklin Co Professional Services Contract State EMD Contract SHSP E10 -180 1 5 This, agreement tncludmgthe attached Terms and Conditions and any other documents tncorportated by reference, contains all of :the,: terms and conditions agreed upon by the parties ' No other understandings or representations, oral or otherwise, regarding the subject mater of this agreement shall be deemed to exist; or bind the' parties The parties-signir g belowwarrent that they have read.and understand this Agreement and `; have the authority to enter Into this agreement , ; • 16. FOR THE YAKIMA VALLEY OFFICE OF 17. FOR THE YAKIMA COUNTY SHERIFF'S OFFICE EMERGENCY MANAGEMENT YVOEM Signature: Date: 3 -1 -10 City of Yakima Signature: Date: 3 -1 -10 18. Printed Name and Title: 19. Printed Name and Title: James W. Hall Director G : \USERS\Accounting\Grants\FFY•09 SHSP Planning & Equip\billing Op Eagle Eye SHSP FY 09\LocalContracts\YVOEM 10 CityOfYakima Cover.xls, ,;.. 1 of 1 PROFESSIONAL SERVICES CONTRACT Yakima Valley Office of Emergency Management • THIS CONTRACT is made and entered into in duplicate originals by and between Yakima Valley Office of Emergency Management, a Special Purpose Organization for Yakima County, and it's fourteen cities and towns with its office located at 128 North 2nd Street, Suite 110 Yakima Washington 98901, hereinafter "YVOEM," and the City of Yakima, with their principal office at 129 North 2nd Street, Yakima, WA, 98901 hereinafter "CONTRACTOR." In consideration of the mutual benefits and covenants contained herein, the parties agree as follows: " z 1. DURATION OF CONTRACT The term of this Contract shall begin final date of signature by the parties, and shall terminate on July 31, 2011. 2. SERVICES PROVIDED BY THE CONTRACTOR CONTRACTOR shall perform the following services: Participate in Operation Eagle Eye an exorcise program with a Discussion Exercise, a Table Top Exercise and a Full Scale Exercise. 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. x x. b. Th "e '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 YVOEM unless'specified in this contract. 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 Military Department- Contract #E10 -180, State . Homeland Security Program Hereafter SHSP." FFY 2009,CFDA #97.067 SHSP. d The CONTRACTOR shall prepare and present status reports as needed and other information that may be pertinent and necessary, or as may be requested by YVOEM. 3. SERVICES PROVIDED BY YVOEM In order to assist the CONTRACTOR in fulfilling its duties under this Contract, YVOEM shall provide the following: 11111 a. Relevant information as exists to assist the CONTRACTOR with the performance of the CONTRACTOR'S services. YVOEM# 10 -001 (SHSP FFY08) Page 1 of 14 G: \USERS \Accounting \Grants \FFY 09 SHSP Planning & Equip \billing.Op. Eagle Eye SHSP FY_„ 09 \LocalContracts \YVOEM 10 -001 CityOfYakima Contract.doc b. Coordination with other Counties or other Consultants as necessary for • the performance of the CONTRACTOR'S services. c. Reimbursement for Overtime, backfill and exercise equipment to be voucherd in a timely manner. 4. . CONTRACT REPRESENTATIVES a. For CONTRACTOR: City of Yakima Name of Representative: Tara Lewis Title: Accountant Mailing Address: 129 North 2nd treet, Yakima, Washington, 98901 Telephone Number: (509) 576 -6639 Fax Number: (509) 576 -6364 g "y E -Mail Address: tlewis a(�ci.yakima.wa us h t: b. For YVOEM : Yakima Valley Office of h,�Emergency Management t,. Name of Representative Jim Ha Title: Director..:,.. Mailing Address: 128 North'` 2 Street , Yakima, WA 98901 Telephone Number: (509) 574 -1904 r Fax Number. (5095'574-1901 E Mail Address: jim.hall a(�,co.yakima.wa.us 5. ` gCOMPENSATION . a For the services performed hereunder, the CONTRACTOR shall be paid by reimbursement through invoices from the CONTRACTOR not to exceed $35,388.94 for the duration of this contract. 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 YVOEM 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 YVOEM during the billing period. YVOEM shall pay the CONTRACTOR for services YVOEM 10L001 FFY,08) Page 2 of 14 •_.- . -__. -_ ,. -- G: \USERS \Accounting \Grants \FFY 09 SHSP Planning & Equip \billing. Op Eagle Eye SHSP FY:. -- 09 \LocalContracts \YVOEM 10 -001 CityOfYakima Contract.doc. "'^ rendered following actual delivery of the work and reimbursement from the . State Military Department. This payment will be within thirty (30) days from the date of receiving the funds from the Military Department 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 YVOEM, then YVOEM 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 meansfaithfully fulfilling the terms of this contract with variances only for technical or minor' omissions``' or =,defects. Kz r w 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 YVOEM. J 7. HOLD HARMLESS AND INDEMNIFICATION t . a. The CONTRACTOR does release, indemnify and promise to defend and save harmless YVOEM, its elected officials, officers, employees and agents from and against k'�.`t any and all liability, loss, damages, expense, action, and claims, including costs and reasonable attorney's fees; incurred by YVOEM, 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 to indemnify and hold harmless YVOEM 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 YVOEM. Provided, however this paragraph does not purport to indemnify YVOEM against the liability for damages arisingout of bodily injuries to person or damages caused by or resulting from the solenegligence ' of YVOEM, its elected officials, officers, employees and agents. b. In any and all claims against YVOEM, 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 rnight.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 YVOEM# 10 -001 — (SHSP FFY08) Page 3 of 14 G: \USERS \Accounting \Grants \FFY 09 SHSP Planning & Equip \billing Op Eagle - Eye,SPSP FY. -. 09 \LocalContracts \YVOEM 10 -001 CityOfYakima Contract.doc 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 orriission, or breach of any common law, statutory or other delegated duty by the CONTRACTOR, the CONTRACTOR'S employees, agents or. subcontractors. 8. FEDERAL DEBARMENT, SUSPENSION, 'INELIGIBILITY, and VOLUNTARY EXCLUSION „ (Frequently Asked Questions) What is "Debarment, Suspension, Ineligibility, and Voluntary Exclusion "? y u q �. 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 voluntari,ly 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. • Generally, this process occurs where you, the contractor, are not qualified or are not adequately performing under a contract, or have viola a regulation or law pertaining to the contract. 4 Why am I required to sign this certification? You are requesting a contract or grant with YVOEM, through the Washington Military Department. Federal law (Executive'Order 1254;9) requires YVOEM and the Washington Military Department to ensure that persons or companies that contract with YVOEM and the 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 persons, organizations, or companies who have been excluded from 4x : participating in federal con or grants. Federal agencies have codified this requirement in their individual agency Code of Federal Regulations (CFRs). What isT.the purpose of this certification? The purpose "of "the certification is for you to tell YVOEM and the 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 YVOEM or the Washington Military Department. • What or who is .a "lower tier participant "? YVOEM# 10 -001 (SHSP FFY08) Page 4 of 14 G: \USERS \Accounting \Grants \FFY 09 SHSP Planning & Eauip \bi11ing Op Eagle Eye SHSP FY..... _._ 09 \LocalContracts \YVOEM 10 -001 CityOfYakima Contract.doc Lower tier participants means a person or organization that submits a proposal, enters into contracts with, or receives a grant from YVOEM or the 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. Sample Debarment, Suspension, Ineligibility, Voluntary Exclusion Contract Provision 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. 1 r Debarment, Suspension, Ineligibility or Voluntary Exclusion Certification Form Name Doing business as (DBA) City of Yakima "`" Address: Applicable WA Uniform Federal 129 North 2 Street Procurement or Business Employer Tax Yakima, WA 98901 Solicitation #, if any:. 'Identifier (UBI) Identification #: '397005272 916001293 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. 2. 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. YVOEM# 1 -001 (SHSP FFY08) Page 5 of.14 G: \USERS \Accounting \Grants \FFY 09 SHSP Planning & Equip \billing Op. Eagle Eye SHSP FY. . 09 \LocalContracts \YVOEM 10 -001 CityOf akima Contract.doc 3. The prospective lower tier participant shall provide immediate written notice to the department, institution, or office to whict tni 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 participation in this covered transaction, unless authorized by theedepartment 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.' 41) " a , 2':i &§ . 7. A participant in a covered transaction may rely D u i pon 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. 3 8. Noth containedln tlieforegoing 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 kno 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 9. 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 YVOEM# 10 -00 (SHSP FFY08) Page 6 of 14 G : \ USERS \Accounting \Grants \FFY 09 SHSP Planning &.Equip \billing,Op Eagle Eye SHSP FY 0 \ LocalContracts \YVOEM 10 -001 CityOfYakima Contract.doc 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 prospective participant shall attach an explanation to this form. Bidder or Contractor Signature: Date: Print Name and Title: 9. TERMINATION `s� f a. YVOEM may terminate this Contract in whole or in part whenever YVOEM determines, in its sole discretion that such termination is in the best interests of YVOEM. YVOEM may terminate this Contract upon giving ten (10) days :written ;notice by Certified Mail to the CONTRACTOR. In that event, YVOEM 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, YVOEM 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 YVOEM to the CONTRACTORFAfter 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 YVOEM, YVOEM may terminate this Contract, in w hich case YVOEM shall pay the CONTRACTOR only for the costs of services accepted by YVOEM, in accordance with Section 5 of this Contract. Upon such termination, YVOEM, at its discretion, may obtain performance of the work elsewhere, and the CONTRACTOR =shall bear all costs and expenses incurred by YVOEM in completing the work and all damage ``sustained by YVOEM by reason of the CONTRACTOR'S breach. 10. 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. 11. INDEPENDENT CONTRACTOR a. The CONTRACTOR'S services shall be furnished by the CONTRACTOR as an 411 Independent Contractor and not as an agent, employee,_ or servant of YVOEM. The CONTRACTOR specifically has the right to direct and control CONTRACTOR'S own': YVOEM# 10 -0 01 (SHSP FFY08) Page 7 of 14. G: \USERS \Accounting \Grants \FFY 09 SHSP, Planning & Equip\billing Op Eagle Eye SHSP FY 09 \LocalContracts \YVOEM 10 -001 CityOfYakima Contract.doc 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 YVOEM 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 YVOEM employees. 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 YVOEM. 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 12. COMPLIANCE WITH LAWS The CONTRACTOR shall comply with f 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'-bf 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 ) 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 httrY.1/www. and then select "Grants Management" followed by "Circulars ". Contractors :required to have an audit must ensure the audit is performed in acco 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 YVOEM requests for information or corrective action concerning audit issues ' YVOEM #" 10 -001 (SHSP FFY08)....•,.- . Page- 8 of 14. G: \USERS \Accounting \Grants \FFY 09 SHSP Planning & Equip \billing,_ Op Eagle SHSP FY 09 \LocalContracts \YVOEM 10 -001 CityOfYakima Contract.doc within 30 days of the date of request. YVOEM 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 YVOEM 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: Yakima Valley Office of Emergency Management 128 North 2 Street Yakima, WA 98901 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 13. INSPECTION OF BOOKS AND RECORDS YVOEM 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. F 14. 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). 15. DISPUTES Difference between the CONTRACTOR and YVOEM, arising under and by virtue of this Contract, shaVbel brouglt to`'the attention of YVOEM at the earliest possible time in order that such,,matte 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 YVOEM'S Contract representative or designee. All rulings;, orders, instructions, and decisions of YVOEM'S Contract representative shall be final and conclusive. 16. 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 S tate 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 Yakima County; Washington. YVOEM# 10 -001 (SHSP FFY08) Page 9 of 14 - 0: \USERS \Accounting \Grants \FFY 09 SHSP Planning & Equip \billing. Op Eagle Eye SHSP FY., 09 \LocalContracts \YVOEM 10 -001 CityofYakima Contract.doc 17. 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. 18. 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. 19. NOTICES »_ Any notices shall be effective if personally served upon the other party or if mailed 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 take `effect on the date of final Signature on the Cover Page Signatares for this contract are located on the Cover Sheet • YVOEM# 10 -001 (SHSP FFY08)__ ._...: Page 10 bf 14 .... .G: \USERS \Accounting \Grants \FFY 09 SHSP Planning & Equip \billing_Op Eagle Eye SHSP FY, 09 \LocalContracts \YVOEM -001 CityOfYakima Contract.doc EXHIBIT "A" PROFESSIONAL SERVICES CONTRACT • YAKIMA VALLEY OFFICE OF EMERGENCY MANAGEMENT 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. Overtime and Backfill and Exercise Supplies Equipment Quantity Unit Cost Total On State :Priority (tax Contract included) Yakima Fire -- -- $5;871.00 N/A 1 Department Overtime and Backfill . Yakima Police -- $8, 001.27` ` N/A 1 Department Overtime and Backfill SWAT Supplies r N $20,540.37 Yes 1 410 SunComm Public 976.30 N/A 1 Safety 4: Communications = , *Items to be purchased through focal purchasing rules and guidelines. • 2. Install YVOEM provided labels on purchased equipment indicating the equipment has been purchased with Homeland Security funds. • • YVOEM# 10 -001 (SHSP FFY08) -, _: 11 of 14 ... ...:... -, G: \USERS \Accountin \Grants \FFY 09 SHSP P & E g _ g quip \billingOp Eagle _.Eye .,HSP FY. ". 09 \LocalContracts \YVOEM 10 -001 City0iYakima Contract.doc . • *FOR FURTHER DETAIL REFER TO EXHIBIT C • • • • t'x { • 3 �t r xf x 1�. YVOEM # -001 (SHSP FFY08)' Page 12 of 14 G: \USERS \Accounting \Grants \FFY 09 SHSP Planning & Equip \billing,Op' Eagle, Eye SHOP FY 09 \LocalContracts \YVOEM 10 -001 CityOfYakima Contract .doc EXHIBIT "B" PROFESSIONAL SERVICES CONTRACT • YAKIMA VALLEY OFFICE OF EMERGENCY MANAGEMENT COMPENSATION 1. The CONTRACTOR'S compensation under this Contract, which is described in Section 5 of this Contract (COMPENSATION), is set forth as follows: Total Contractual Amount: $35,388.94 . • • f.. ! -1 { • YVOEM# 10 -001 °° (SHSP FFY08) Page 13 of 14 G:\USERS\Accounting\Grants\FFY 09: SHSP ,Planning & Equip\billing Op Eagle. Eye SHSP FY -: 09 \LocalContracts \YVOEM 10 -001 CityOfYakima Contract.doc ,..,.:.._ EXHIBIT "C" PROFESSIONAL SERVICES CONTRACT YAKIMA VALLEY OFFICE OF EMERGENCY MANAGEMENT 1. Franklin Co Professional Services Contract 2. See attached copy of State EMD Contract #E10 -180 • • -„7, .,„, r 5 z '3 bw 4 <. YVOEM# 10 -001 (SHSP FF - - • Page 14 of 14 0: \USERS \Accounting \Grants \FFY 09`SESP Planning & Equip \billing -Op Eagle Eye SHSP FY 09 \LocalContracts \YVOEM 10-001 CityofYakima Contract.doc •...