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Home My WebLink AboutR-2010-082 Operation Eagle Eye Federal Pass-Through Grant; Funds AllocationRESOLUTION NO. R-2010-82 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 15th day of June, 2010. ATTEST: A4 -11t) City Clerk icah Caw ey, Ma or Yakima Valley Office of Emergency Management Interagency Agreement Cover Sheet Tfiis.agreemen't_is; Identified -below xar Yakima Ualley4O ,ursbant;t5 the: ar age:rreri an&ihb:.. rac apter 39;,34" Contract Information 1. Federal Grant Name: State Homeland Security Program (SHSP) FFY 09 2. Contract Number YVOEM 10-001 3. Contract Amount *** 4. Contract Start Date Date of final Signature Below 5. Contract End Date 7/31/2011 6. Is the Contractor a subrecipiant of federal assistance for the purposes of this agreement? Yes y No I 1 7. CFDA # 97.067 - SHSP 8. Federal Grant Award # 2008 -GE -T8-0038 Contractor Information 9. Contractor Name and Address City of Yakima 129 North 2nd Street Yakima, Wa 98901 10. Contractors Contact Person Tara Lewis 11. Contract Phone #, Fax #, and E-mail (509)576-6639 (509)576-6364 Yakima Valley Office of Emergency Management Information 12, YVOEM Project Manager Name and Title Jim Hall Director 1:3. YVOEM Project Mgrs Contact Information Phone (509) 574-1904 Fax (509) 574-1901 E-mail jim.hall@co.yakima.wa.us 14. Attachments: Franklin Co Professional Services Contract State EMD Contract SHSP E10-180 f%is''`agreerrlei*inct0$10, 'the3attached Ter.`,rris and Conditionsand';any,other=documente)incor.pb tated reference; ;Contains, all �of<the:ter ns andr`conditions.a reed, u on'°'b' : the°parties ` No other understandings or x..R!{>y „" '"yC:," . 5. J`.w 9-t.air.. .f:;'NS... 're resentationst,oral1orotherwise=vre`"'arding "-tf1e u 'ect; er' f his r t¢sh ll '=t exist or.° p ., � s ,.4 ,g- g, ens bt c :ma a o t swag .eernen s a be;deemed , o=;e �o � �.r -��.. tip,' ,rye � r-; ¢.�. bind`the "'artier 'Th a r s , u.. e° ies"�si` nin ':below<.war-rentsthat the-!have:readand'understandahis'A" reement�andK ^f7`t have=the=authorit •ao;enter,lnta=thls'Ea' reemenf°°-'. �.M ^f- rL: _ F•' .'r f p.µ 16. FOR THE YAKIMA VALLEY OFFICE OF GENCY MANAGEMENT YVOEM •'gnature. Date: 3-1-10 17. FOR THE CITY OF YAKIMA City of Yakima Signature: Date: 3-1-10 18. Printed Name and Title: James W. Hall Director 19. Printed Name and Title: R. A. Zais, Jr., City Manager CITY CONTRAC f NO: R%1U—(/) t RESOLUTION NOQ , , '"'611d/e C:\Documents and Settings\Iwatkins\Local Settings\Temporary Internet Files\OLKA9\YVOEM 10-001 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: 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 The CONTRACTOR shall perform the following services: Participate in Operation Eagle Eye an exercise 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. 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 YVOEM unless specified .in.this contract. 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 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: a. Relevant information as exists to assist the CONTRACTOR , with the performance of the CONTRACTOR'S services. YVOEM# 10-001 (SHSP FFY08) Page 1 or 14 ._: \US=.R5\Accou.=C'\G a::=S\F^. 09 S'3? Planning &:��D'_l l::?C� Oo Eagle Eye S -.S? =Y 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 E -Mail Address: tlewis(a�ci.yakirra.wa.us` 4. b. For YVOEM : Yakima Valley Office of,Emergency'Management Name of Representative: Jim Hall Title: Director,: Mailing Address: -``.128 North 2nd Street , Yakima, WA 98901 Telephone Number: (509) 574-1904 Fax Number: (509) 574-1901 E -Mail Address: jim.hallco.yakima.wa.us 5. '`,COMPENSATION 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 YVOFN# 10-001 (SHSP FFY08) - Page 2.0= 14 ^c Ea a G:\i�SE?S.. _Cvll.^:=: _`�,G=�...z5\::v 09 SHOP ?1Gn;i, pG �c =.C.:_ '�,D1 _1_ Op Eagle ':'y'� S..c? FY 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 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 ::dr, - 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. 7. HOLD HARMLESS AND INDEMNIFICATION a. The CONTRACTOR does: release, indemnify and promise to defend and save harmless YVOEM, its elected off'icia'ls`; 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 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 agrees 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 arising out of bodily injuries to person or damages caused by or resulting from the sole negligence 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 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 YVOEM# 10-001 (SI -ISP FFY08) Page 3 of 14 _:\USERS',Accou❑:1,rar 3\F Y 09 Sr:S? a nIn ng OD _.ag e Eye SHS? _ 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. 8. 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. • 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?:q: You are requesting a contract or grant with YVOEM, through the Washington Military Department. Federal law (Executive;Order 12549) 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 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 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"? YJOEM 10-001 (SSP FF Y08) Page 4 of 14 0. \03'?S`. -'=olio-_'_ng\G_ _nr.s\F_ . 09 SHS'? Planning & Eq_lip\billing Op Eagle Eye SHE? .v 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. Debarment, Suspension, Ineligibility or Voluntary Exclusion Certification Form Name _ Doing business as (DBA) City of Yakima Address: 129 North 2nd Street Yakima, WA 98901 Applicable Procurement or Solicitation #, if any: WA Uniform Business Identifier (UBI) 397005272 Federal Employer Tax Identification #: 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. ?, 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' 10-001 (S :S? F FYO8) Page 5 of 14 G: \U532S`,Accw^:_nq\G_ar.:s\ F'_' 09 _..S? ?'_-...._n.g a .b____ -:c Op Eagle Ela 533? : n.nx__ -____ ^' r..n _,.. •, n _nn- .- ,, 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 participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant furthefeagrees.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. 7. 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_ Jrequency 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. 8. 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. 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 WO MR 10-001 (S SP :FY08)Page 6 of 14 ,:\OSE?S\Accoc::_ing',Grac_s\F?Y 09 S: -S? Planning &q.lip\billing G? Eagle ,fe SHS? ?_ �, -r nl C0 ---an- a,c 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: 3- '- /o Print Name and Title: '4 '/.5,.,,%-, 9. TERMINATION' 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,forthis project is withdrawn, reduced, or limited in any way after the effective date of this Cbntract, 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 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 YVOEM, YVOEM may terminate this Contract, .in.;;which, case YVOEM shall pay the CONTRACTOR only for the costs of service's 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 Independent Contractor and not' as an agent, ennployee, or servant of YVOEM. The CONTRACTOR specifically has the right to direct and control CONTRACTOR'S own YVOEM;.1# 10-001 (SHSP ;FYO8) Page 7 of 14 .\US:ES.A^_=0u:1='_^g'',Gran,.s''=-- 09 SHS? n .��:�`,j_:_::g Oo Eagle Eye SES. F.? activities in providing the agreed services in accordance with the specifications set out in this Contract. b. The CONTRACTOR acknowledges that the entire compensationfor 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_ 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 Offiice"ofaManagement 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 ln: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.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); 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 (SHOP FFY08) Page 8 of 14 G: ,USERS'\.Accou.. ng\Gra: _ "'Y 09 S: -S? ?'_a...._^.g E.:p 3:__Ing Op Eagl.-? _. Eye SS' - �,vrn�on n_nn�� r;-..n=ve r; ma Cr,r.-rar7.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 mustsend 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 rnust send the audit and the letter no later than nine (9) months after the end of the Contractor's fiscal year(s) to: Yakima Valle 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. 14. NONDISCRIMINATION The CONTRACTOR, its assignees, delegatesorrgsubcontractors 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, shall: be, brought to the attention of YVOEM 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 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 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 Yakima County, Washington. YVOEM# 10-001 (SHSP F `'08 ) 0: .'J.=_r.-.^_CO'...:_ "\0=an=S\ : 09 J-J_J ola-;_._ ;y Page 9 of 14 114ng Op Eagle Eye 3".-1E? 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 persona lly.,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-ato 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 sentafter working hours, it shall be effective at the beginning of the next working day. The parties to this Co_ ntract :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 Signatures for this contract are located on the Cover Sheet YVOEM# 10-001 (SMS? FFY08) Fagg 10 of 14 O: ERS\Acco•....__r g\Oran:s \. = 1 09 J�.J= Planningtt Op Eagle Eye s:- j? FY 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, (tax included) ' ,° On. State Contract :... Priority Yakima Fire Department Overtime and Backfill -- -- $5,871.00 `; _ N/A 1 Yakima Police Department Overtime and Backfill -- -- $8,001.27 N/A 1 SWAT Supplies -- " -- $20,540.37 Yes 1 SunComm Public Safety Communications -- s, ;`-- 976.30 N/A 1 *Items to be purchased through local 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) Page 11 or 14 G: ,USERS'"- ou__ g\G.an s _ _ 09 --SP Planning & _ ,a ____ - - Eagle =j 1f,`n iii C'-', ?� ^tP i��'1nrrRrr ..',' *FOR FURTHER DETAIL REFER TO EXHIBIT C YVOEM# 10-001 (SHS? FFY08) Page 12 of 14 \SERS\Accclinzin,a\Cran:s\FFY 09 s': -S? Pla=Ing Op ==-'-= SISP FY ng\l,n7.'Cnn,-a:-==%YV.DE 1U-001 Cltv0:Yay.lma Co71:racr_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 YVOFM# 10-001 (SHS? FFY08) ?age 13 of 14 0:\TSERS-‘Accoun:inc\G:an:s\FFY 09 S:is? Plan -l_ & ?q-4 g\a`_1].,^g On rag__ Eye S -SP FY nq\tnra1rnn1--arr_\VVf=M 10-rh11 (- !-.vt0f Yak T.a Co:=_ac,:.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 YVOE MMT 10-001 (SHSP rFY08) Page 14 of 114 ',TFY 09 SHS? ?iaria_ _ ,^__-_ _ Op Eagle Eye S -S? • • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. *)`- For 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,L--1711�°') 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: