Exhibit 10.1
STATE OF LOUISIANA
PARISH OF EAST BATON ROUGE
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CONSULTING SERVICES CONTRACT
ON THIS 24TH DAY OF AUGUST, 2007, the State of Louisiana, GOVERNOR'S OFFICE OF
HOMELAND SECURITY AND EMERGENCY PREPAREDNESS, hereinafter referred to as
"GOHSEP", and ▇▇▇▇▇ ▇▇▇ ▇▇▇▇ ASSOCIATES, A PART OF GLOBALOPTIONS GROUP, INC.,
▇▇▇▇ ▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ hereinafter referred to as the
"Contractor", do hereby enter into this contract under the following terms and
conditions.
1.0 SCOPE OF SERVICES
1.1 CONCISE DESCRIPTION OF SERVICES
The Contractor shall provide the following services:
1.1.1 Support GOHSEP as a Technical Advisor in the continuation of
recovery activity for Disasters 1603 (Hurricane ▇▇▇▇▇▇▇) and 1607
(Hurricane ▇▇▇▇), and any prior or future disasters for which
support may be needed, as determined by GOHSEP
1.1.2 Responsible for implementation of the assigned tasks under this
contract
1.1.3 Assist with the development of policy and procedures with
FEMA/GOHSEP/Other agencies related to the Public Assistance Program
for specific disasters as tasked by GOHSEP
1.1.4 Assist with ensuring that State policies and procedures are
disseminated and implemented by all field staff through coordination
with the GOHSEP Project Coordinator
1.1.5 Provides assistance to PA Grant Managers, State Applicant Liaisons,
and others as necessary, providing technical guidance and broad
direction on job performance to ensure consistency
1.1.6 Assist GOHSEP with Public Assistance program activities and provide
recommendations to ensure consistency with debris management
activities and responsibilities
1.1.7 Provide policy guidance and advice to GOHSEP and other state
agencies as required
1.1.8 Assist GOHSEP on technical issues with FEMA, State and Local
governments and agencies and make recommendations on possible
solutions
1.1.9 Provide expert programmatic and policy advice on FEMA and other
Federal disaster relief programs
1.1.10 Assist with the development and implementation of strategies to
maximize the assistance available to the State in Public Assistance
programs
1.1.11 Identify trends and appropriate actions to address issues in the
delivery of the PA program so as to minimize difficulties
1.1.12 Other duties as assigned in writing by the Director/Acting Director
of GOHSEP or his Designee, including but not limited to hazard
mitigation and all Hazard Mitigation Grant Programs (HMGP) and
activities referred to in the original RFP or any formal addendums
thereto.
1.1.13 Prepared as required by GOHSEP to fill positions outlined in
position descriptions section of this RFP.
1.1.14 Insure that all personnel assigned to this project have
satisfactory criminal and credit background checks and drug
screening.
1.1.15 Contractor will have at least 75% of required staff on site within
30 days of receipt of the fully executed contract and 100% of
requested staff no later than 45 days of receipt of the fully
executed contract. Contractor will have additional requested staff
on site within 5 working days.
1.2 STATEMENT OF WORK
This contract will be performed in accordance with task orders issued as
determined by the needs of GOHSEP. Each task order shall conform to the scope of
services as outlined in paragraph 1.1 herein. Each task order shall contain a
concise Statement of Work (SOW) which shall include:
1.2.1 The specific task of the contractor
1.2.2 A statement of goals and/or objectives of the task
1.2.3 Deliverables associated with the task
1.2.4 ▇▇▇▇▇▇▇▇▇(s) showing completion date(s)
1.2.5 A set of performance measures to evaluate the contractor's
performance as outlined in the SOW
1.2.6 A completion criteria
1.3 OBJECTIVES
1.3.1 To provide for comprehensive review and update of Public
Assistance policies and procedures
1.3.2 To increase the operational effectiveness of the Public
Assistance program
1.4 PERSONNEL AND COST
The Contractor shall provide the following positions during the performance of
this contract. Each position will be paid the hourly rate as indicated. GOHSEP
reserves the right to maintain and/or adjust the size of the Contractor's staff
as dictated by the needs of GOHSEP. The stated hourly rates are inclusive of all
costs except for travel.
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Position Hourly Rate
Per Person
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Senior level Program Advisor for Disaster Recovery 242.50
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State Public Assistance Coordinator 110.00
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Engineer/Programmer 120.00
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Engineer/Programmer-Database Documentation 85.00
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Engineer/Environmental Officer 120.00
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Debris Manager 130.00
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Debris Compliance Officer 90.00
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QA Debris 108.00
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QC Debris 108.00
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Mitigation Specialists 110.00
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Insurance Specialists 110.00
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Grant Administrator I 110.00
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Grant Administrator II 115.00
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Grant Administrator Supervisor 120.00
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Project Manager 150.00
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Appeals Specialists 125.00
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Problem Resolution Officer 150.00
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Document Management Specialist 50.00
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1.5 TRAVEL EXPENSES
Travel expenses shall be reimbursed to Contractor personnel in accordance with
the Louisiana Division of Administration Policy and Procedure Memorandum 49 (the
state travel regulation).
1.6 SUBSTITUTION OF KEY PERSONNEL
The Contractor's personnel assigned to this contract may not be replaced without
the written consent of GOHSEP. Such consent shall not be unreasonably withheld
or delayed provided an equally qualified replacement is offered. In the event
that any Contractor personnel become unavailable due to resignation, illness, or
other factors, the Contractor, shall be responsible for providing an equally
qualified replacement in time to avoid delays in completing tasks.
2.0 ADMINISTRATIVE REQUIREMENTS
2.1 TERM OF CONTRACT
This contract shall commence on August 24, 2007 and shall end on August 23,
2009. GOHSEP may exercise the option to extend this contract for an additional
12 month period for a maximum contract period of three years.
2.2 ASSIGNED GOHSEP PERSONNEL
2.2.1 GOHSEP PROJECT MANAGER
The Assistant Deputy Director, Disaster Recovery , is appointed as the
GOHSEP Project Manager (PM) for this contract. GOHSEP reserves the right
to replace the PM at its discretion. The Contractor shall continue to be
responsible for the management, supervision, and performance of Contractor
personnel.
2.2.2 GOHSEP CONTRACT MONITOR
The Contract Monitor (CM) for GOHSEP will be the Disaster Recovery
Chief. GOHSEP reserves the right to replace the CM at its discretion
2.3 MONITORING PLAN
In accordance with the responsibilities stated in 44 CFR Part 13.40, GOHSEP and
Contractor will adhere to the following monitoring plan:
2.3.1 Responsibilities of Contract Monitor
2.3.1.1 Monitors performance of the contract
2.3.1.2 Provides guidance and assistance to the Project Manager
2.3.2 Responsibilities of Project Manager
2.3.2.1 Prepare and execute appropriate task order directed to
the Contractor
2.3.2.2 Oversight and direction of the day to day activities of
Contractor personnel;
2.3.2.3 Serve as the principal point of contact for GOHSEP
concerning the Contractor's performance under this
contract;
2.3.2.4 Regularly monitor the staffing levels provided by the
Contractor and shall maintain and/or adjust Contractor
staffing levels in accordance with the needs of GOHSEP;
2.3.2.5 Coordinate with applicants and measure the effectiveness of
Contractor personnel assigned to applicants
2.3.2.6 Prepare monthly performance evaluations on Contractor's
performance
2.3.3 Responsibilities of the Contractor
2.3.3.1 Assign a Project Manager to serve as the principle point of
contact for the Contractor and to assure that Contractor
personnel are performing within the contract parameters
2.3.3.2 Execute all task orders signed by the GOHSEP PM or other
individual authorized in writing by the Director, GOHSEP
2.3.3.3 Insure that the following deliverables are produced:
2.3.3.3.1 Monthly time sheets for all personnel
evidencing the assigned task(s) worked and the
time worked on the task(s)
2.3.3.3.2 Weekly report evidencing the task(s) worked,
percentage of completion of the task(s) and a
report showing the progress and accomplishments
since the prior week
2.3.3.3.3 All monthly time sheets will be due on the 15th
day of the following month; all weekly reports
will be due on Monday
2.4 TAXES
Contractor hereby agrees that the responsibility for payment of taxes from the
funds received from this contract shall be the Contractor's obligation under
federal tax identification number ▇▇-▇▇▇▇▇▇▇.
3.0 PAYMENT AND MAXIMUM AMOUNT OF CONTRACT
3.1 PAYMENT
Payments are predicated upon adequate performance of the activities, tasks and
deliverables assigned to Contractor personnel by the Project Manager. GOHSEP
will make every reasonable effort to make payments within 30 workdays of the
invoice once approved by the Project Manager.
3.2 REQUIRED DOCUMENTS FOR PAYMENT
The Contractor is required to produce the following documents to receive
payment:
3.2.1 Invoices, which will be submitted no later than 30 after the end of
the billing period
3.2.2 Weekly reports in accordance with the requirements of 2.3.3.3.2, and
payroll time sheets evidencing hours worked and including time
in/out for all Contractor personnel which shall be duly certified by
the Contractor's authorized representative and submitted monthly
3.3 MAXIMUM AMOUNT OF CONTRACT
This contract shall not exceed $19,500,000.00 annually
4.0 TERMINATION
4.1 TERMINATION FOR CAUSE
GOHSEP may terminate this Contract for cause based upon the failure of
Contractor to comply with the terms and/or conditions of the Contract. GOHSEP
shall provide the Contractor written notice specifying the Contractor's failure
to perform. Failure to perform within the time specified in the solicitation
will constitute a default and may cause cancellation of the contract.
Contractor agrees to have staff available as per the Work requirements section
of this document. If contractor does not provide requested staff as indicated in
the Statement of Work, damages will be accorded to GOHSEP in an amount at, or
about, equal to the projected cost for these contractor services had the
requested staff members arrived as requested, timely, and began work for GOHSEP,
as per the original Project Manager request.
Contractor may exercise any rights available to it under Louisiana law if
terminated for cause upon the failure of GOHSEP to comply with the terms and
conditions of this contract provided that the Contractor shall give GOHSEP
written notice specifying GOHSEP's failure and a reasonable opportunity for
GOHSEP to cure the defect.
4.2 TERMINATION FOR CONVENIENCE
This contract may be terminated by GOHSEP for the convenience of GOHSEP upon 30
days written notice to Contractor unless Contractor had engaged in illegal or
unethical behavior in which case GOHSEP may terminate the contract immediately.
4.3 TERMINATION FOR NON-APPROPRIATION OF FUNDS
The continuation of this contract is contingent upon the appropriation of funds
by the legislature to fulfill the requirements of the contract by the
legislature. If the legislature fails to appropriate sufficient monies to
provide for the continuation of the contract, or if such appropriation is
reduced by the veto of the Governor or by any means provided in the
appropriations act of Title 39 of the Louisiana Revised Statutes of 1950 to
prevent the total appropriation for the year from exceeding revenues for that
year, or for any other lawful purpose, and the effect of such reduction is to
provide insufficient monies for the continuation of the contract, the contract
shall terminate on the date of the beginning of the first fiscal year for which
funds have not been appropriated.
5.0 INDEMNIFICATION & LIMITATION OF LIABILITY
Contractor shall hold harmless GOHSEP any and all of its employees, agents,
other contractors or officers from any legal action, damages, injury or costs
incurred by any person or to any property as a result of the activity, condition
or event arising out of the actions and performance of the agents, assigns,
subcontractors and employees of the Contractor in the performance of this
contract.
6.0 DAMAGES AND PERFORMANCE BOND
Contractor agrees to provide adequate staff to meet the Scope of Services as
outlined in paragraph 1.1 and those requirements determined by the GOHSEP PM.
Should Contractor fail to provide the required staff, damages will be accorded
to GOHSEP in an amount equal to the cost of the staffing services not provided
by the Contractor until said services are provided or until the termination of
this contract, which ever occurs first. Contractor shall provide a performance
bond in the amount of $1,000,000 or a letter of credit approved by GOHSEP which
shall remain in effect during the term of the contract to include any renewal
terms.
7.0 SETTLEMENT OF CONTROVERSIES
Any claim or controversy arising out of the contract shall be governed by the
provisions of Louisiana Revised Statute 39: 1524-26.
8.0 FUND USE
Contractor agrees not to use contract proceeds to urge any elector to vote for
or against any candidate or proposition on an election ballot nor shall such
funds be used to lobby for or against any proposition or matter having the
effect of law being considered by the Louisiana Legislature or any local
governing authority.
9.0 ASSIGNMENT OF CONTRACT
Contractor shall not assign or transfer any interest in this contract by
assignment, transfer, or novation, without prior written consent of GOHSEP.
10.0 AUDIT AUTHORITY
The State Legislative Auditor, federal auditors and internal auditors of the
Division of Administration, GOHSEP or others so designated by the Louisiana
Department of Administration, has the authority to audit all records of the
Contractor directly related to this contract for a period of five (5) years from
the date of the last payment made under this contract.
11.0 CONTRACT MODIFICATION
No amendment or variation of the terms of this contract shall be valid unless
made in writing, signed by the parties and approved as required by law. No oral
understanding or agreement not incorporated in the contract is binding on any of
the parties.
12.0 CONFIDENTIALITY OF DATA
All financial, statistical, personal, technical and other data and information
relating to GOHSEP' s operation and made available to the Contractor in order to
carry out this contract, or which become available to the Contractor in carrying
out this contract, shall be protected by the Contractor from unauthorized use
and disclosure. The contractor shall not be required under the provisions of the
paragraph to keep confidential any data or information, which is or becomes
publicly available, is already rightfully in the contractor's possession, is
independently developed by the contractor outside the scope of the contract, or
is rightfully obtained from third parties.
13.0 SUBCONTRACTORS
The Contractor may, with prior written permission from GOHSEP, enter into
subcontracts with third parties for the performance of any part of the
Contractors duties and obligations under this contract. The existence of a
subcontract shall not operate to limit or diminish the duties or liabilities of
the Contractor under this contract.
14.0 COMPLIANCE WITH CIVIL RIGHTS LAWS
The Contractor agrees to abide by the requirements of the following as
applicable: Title VI and Title VII of the Civil Rights Act of 1964, as amended
by the Equal Opportunity Act of 1972, Federal Executive Order 11246, the Federal
Rehabilitation Act of 1973, as amended, the Vietnam Era Veteran's Readjustment
Assistance Act of 1974, Title IX of the Education Amendments of 1972, the Age
Act of 1975, and Contractor agrees to abide by the requirements of the Americans
with Disabilities Act of 1990. Contractor agrees not to discriminate in its
employment practices, and will render services under this contract without
regard to race, color, religion, sex, sexual orientation, national origin,
veteran status, political affiliation, or disabilities. Any act of
discrimination committed by Contractor, or failure to comply with these
statutory obligations when applicable shall be grounds for termination of this
contract.
15.0 INSURANCE
Contractor's insurance shall be placed with a carrier with an A.M. Best's rating
of no less than A-. This rating requirement shall be waived for Worker's
Compensation coverage only.
CONTRACTOR'S INSURANCE: The Contractor shall not commence work under this
contract until Contractor has obtained all insurance required as outlined
herein. Certificates of Insurance, fully executed by officers of the Insurance
Company written or countersigned by an authorized Louisiana state agency, shall
be filed with the State of Louisiana for approval. The Contractor shall not
allow any sub-contractor to commence work on his subcontract until all similar
insurance required for the subcontractor has been obtained and approved. If so
requested, the Contractor shall also submit copies of insurance policies for
inspection and approval of the State of Louisiana before work is commenced. Said
policies shall not hereafter be canceled, permitted to expire, or be changed
without thirty (30) days notice in advance to the State of Louisiana and
consented to by the State of Louisiana in writing and the policies shall so
provide.
▇▇▇▇▇▇▇'▇ COMPENSATION INSURANCE: Before any work is commenced, the Contractor
shall obtain and maintain during the life of the contract, ▇▇▇▇▇▇▇'▇
Compensation insurance covering Contractor employees assigned to this contract.
In the event any work is sublet, the Contractor shall require the subcontractor
to provide ▇▇▇▇▇▇▇'▇ Compensation insurance with similar coverage for
sub-contractor employees, unless such employees are covered by the Contractor's
policy.
COMMERCIAL GENERAL LIABILITY INSURANCE: During the term of this contract, the
Contractor shall maintain a general liability policy in the amount of $1,000,000
for claims arising out of the liability and actions of the Contractor by its
employees, agents, assigns, subcontractors or the like which may result in
personal injury, death, property damage or the like during the performance of
those duties in connection with this contract.
SUBCONTRACTOR'S INSURANCE: The Contractor shall require that any and all
subcontractors, which are not protected under the Contractor's own insurance
policies, take and maintain insurance of the same nature and in the same amounts
as required of the Contractor.
16.0 APPLICABLE LAW AND VENUE
This contract shall be governed by and interpreted in accordance with the laws
of the State of Louisiana. Venue for any legal action brought by either party
with regard to this contract shall be in the Nineteenth Judicial District Court,
Parish of East Baton Rouge, State of Louisiana.
17.0 CODE OF ETHICS
The contractor acknowledges that Chapter 15 of Title 42 of the Louisiana Revised
Statutes (R.S. 42:1101 et. seq., Code of Governmental Ethics) applies to the
Contractor and assigned personnel in the performance of this contract. The
contractor agrees to immediately notify GOHSEP if potential violations of the
Code of Governmental Ethics arise at any time during the term of this contract.
18.0 SEVERABILITY
If any term or condition of this contract or the application thereof 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.
19.0 ENTIRE AGREEMENT
This contract, together with the RFP and any addenda issued thereto by GOHSEP,
the proposal submitted by the Contractor in response to the RFP, and any
exhibits specifically incorporated herein by reference, constitute the entire
agreement between the parties with respect to the subject matter.
20.0 ORDER OF PRECEDENCE
In the event of any inconsistent or incompatible provisions, this signed
agreement (excluding the RFP and Contractor's proposal) shall take precedence,
followed by the provisions of the RFP, and then by the terms of the Contractor's
proposal.
THUS DONE AND SIGNED AT Baton Rouge, Louisiana on this 29 day of August, 2007,
and IN WITNESS WHEREOF, the parties have executed this Contract.
WITNESSES SIGNATURES: STATE AGENCY SIGNATURE:
/s/ ▇▇▇▇▇ Spring By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇, ▇▇.
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▇▇▇▇▇ "▇▇▇▇" ▇▇▇▇▇, ▇▇.
/s/ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Title Director
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THUS DONE AND SIGNED AT Baton Rouge, Louisiana on this ____ day of ___________,
2007, and IN WITNESS WHEREOF, the parties have executed this Contract.
WITNESSES SIGNATURES: STATE AGENCY SIGNATURE:
/s/ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇ By: ▇▇▇▇▇ ▇. ▇▇▇▇
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▇▇▇▇▇ ▇. ▇▇▇▇
/s/ Title CEO
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Phone No.: ▇▇▇-▇▇▇-▇▇▇▇
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APPROVED
Office of the Governor
Office of Contractual Review
Sep 19 2007
/s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇
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Director
