Contract Number: Ale.

9- ::l-bjf ·- 00;'; ii'

Contract Number:
Comptroller's Office:

GOVERNMENT OF PUERTO RICO

FORENSICS SCIENCE BUREAU

AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE

FORENSICS SCIENCE BUREAU
AND
THE GEORGE WASHINGTON UNIVERSITY

AS PARTY OF THE FIRST PART: The Forensics Science Bureau, an Agency

created under Act No. 20 of April 10, 2017, as amended, known as the
Department of Public Safety, herein represented in this act by Monica
Menendez-Larrauri Acting Commissioner, of legal age, married and resident
of Gurabo, Puerto Rico and/or by the Secretary of the Department of Public
Safety, Hector M. Pesquera, of legal age, married, and resident of
Guaynabo, Puerto Rico (hereinafter, "FSB").

AS PARTY OF THE SECOND PART: The George Washington University, a

congressionally chartered nonprofit corporation located in Washington, DC,
on behalf of its Milken Institute School of Public Health, herein represented by
Sylvia Ezekilova, of legal age, and resident of Washington DC, USA and/or by
Jennifer Liasson, of legal age, and resident of Fairfax Virginia, USA and
hereafter referred to as "Contractor".

WHEREAS, On January 3, 2018, the Governor of Puerto Rico, Hon. Ricardo

Rossell6, issued the Executive Order 2018-001, which orders making an official
review of the death count resulting from Hurricane Maria which devastated
the island on September 20, 2017.

WHEREAS, the Department of Public Safety IDPS) in coordination with the

Forensic Science Bureau and the Puerto Rico Demographic Registrar Office
were designated by the Governor to coordinate and/or develop a plan or
procedure to conduct review and assessment of the mortality related to
Hurricane Maria in Puerto Rico.

WHEREAS, it is essential that such service providers are well-known within their
field for their excellent qualifications, vast experience and reputation.

WHEREAS, Contractor submitted a proposal and detailed budget with

estimated costs , hereinafter collectively referred to as the "PROPOSAL" ,
which fully complied with the requirements set forth by the FSB.
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WHEREAS, after having reviewed and evaluated the Contractor's proposal,

the FSB has determined the Contractor is the best technical acceptable,
responsible contractor with a reasonable cost for the proposed services.

WHEREAS, the FSB desires to enter into an agreement with the Contractor to
secure its services and accepts the Contractor's proposal, and the
Contractor states that is ready, willing and able to provide its services.

NOW THEREFORE, in consideration of the mutual promises and the terms and
conditions set forth herein, the FSB and the Contractor agree as follows:

I. DEFINITIONS
In addition to the words and terms elsewh ere defined in this Agreement, the
following words and terms shall have the following meanings, unless some
other meaning is plainly intended:

1. "Agreement" means this Agreement for Professional Services together

with all its exhibits herein mentioned.
2. "Government" or "Puerto Rico" means the Government of Puerto
Rico.
3. "Contractor" means The George Washington University, it's trustees,
officers, and authorized agents.
4. "Person" means any individual, corporation, partnership, joint venture,
association, joint stock company, trust, unincorporated organization or
government or any agency or political subdivision thereof.
5. "Proposal" means the professional services proposal and budget
submitted by Contractor.
6. "FSB" means the Forensics Science Bureau , its' Commissioner or any of
its' authorized officials.

Words of the masculine gender shall be deemed and construed to include

correlative words of the feminine and neuter genders.

II. TYPE OF CONTRACT

Contract Type: This is a cost reimbursable contract with a NOT TO EXCEED

AMOUNT. Under this Agreement, Contractor will submit invoices to the FSB as
the reports are rendered. Any and all changes and/or modifications to this
Agreement shall be in writing and must be signed by authorized representatives
of both parties.
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Exhibits Incorporated: The following exhibits are incorporated into this

Agreement by reference and ae hereby made part of this Agreement:
• EXHIBIT A Proposal
•
The Exhibit mentioned in Section II shall be complementary in such a way that
whatever is stated or shown in them shall be as binding as any terms and
conditions of this executed written Agreement.

III. TERM OF AGREEMENT

Commencement and Duration: This Agreement shall be in effect and

enforceable between the parties from the date of its execution until June 30th ,
2018 ("End Date") , unless the End Date is extended by mutual agreement in
writing between the parties, or unless this Agreement is earlier terminated as
provided in Section X.

IV. SERVICES DESCRIPTION

The Contractor agrees to perform the professional services outlined in the
Proposal dated February 20 th 2018, revised on May 11, 2018 (hereinafter, the
"Services"), a copy of which is included and made part of this Agreement as
Exhibit A. The Services include, but are not limited to:
• Conduct assessment of estimated excess mortality associated with
Hurricane Maria.
• Evaluate the implementation of the CDC Procedures for mortality
registration in the aftermath of the hurricanes by th e Government of
Puerto.
• Establish a secure Data Warehouse to facilitate storage, processing
and analysis of data and housing of all project data.
• Design methods for a future in-depth analysis of mortality
ascertainment to provide more details on estimated excess mortality
due to the hurricanes by age, gender, municipality and proximal.
• Establish a collaboration effort with local partners and convene an
expert panel to provide ongoing feedback on the methods,
preliminary results, and findings of this mortality assessment.

The Contractor's terms and conditions are outlined in this Agreement, and the
tasks and deliverables are described in the Exhibit A.
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V. COMPENSATION AND PAYMENT

FSB agrees to pay Contractor for Services rendered under this Agreement on a
cost-reimbursable basis for all direct and indirect costs incurred in the
performance of the Services.

The maximum total amount to be paid to the Contractor for the services
rendered under this Agreement is THREE HUNDRED FIVE THOUSAND, THREE
HUNDRED SIXTY EIGHT DOLLARS ($305,368.00).

Provisions have been made by the Forensics Science Bureau to provide for
these payments the Accou n t No. p aya b le from 20 18- 1890000-006-2018. Such
payment shall be compensation for al l services required, performed and
accepted under this Contract.

Invoices shall be provided by the Contractor to FSB once the reports were
performed and delivered , and the FSB agrees to pay said invoices within thirty
(30) days of receipt. It is understood by both FSB and the Contractor that the
Contractor invoices must be paid in order for FSB to submit for reimbursement
from Federal, State and other agencies, as appropriate.

The prel iminary report will be the first deliverab le due date and it will be on or
before May 22, 2018. The maximum amount assigned to that task will be ONE
HUNDRED AND TWENTY-FIVE THOUSAND DOLLARS ($125,000). After the delivery of
the pre liminary report, the Contractor will have sixty (60) days to complete and
submit the final report and the deliverable due date will be no later than July 23,
2018, provided that an amendment to the contract is generated. The invoice of
the service rendered as part of this task will be up to ONE HUNDRED EIGHTY
THOUSAND THREE HUNDRED SIXTY-EIGHT DOLLARS ($180,368).

FSB shall not pay any amount in excess of the limits stated herein, even if
Contractor exceeds the same, regardless of the reasons for said excess.
Contractor shall not be required to render Services without compensation. All
additional services not considered by this Agreement shall be agreed to through
either a written addendum or amendment to this Agreement.

Payments will be made by electronic fund transfers (EFT) and should be sent to
PNC Bank, 800 17th Street, NW, Washington, DC 20006 USA :

Bene ficiary Account Number: 5300445274 (C hec kin g)

Beneficiary Acc ount Na m e : The George Wash ing ton University
Deposit Acco unt
Bene ficiary Ad d ress: 2 121 Eye street, NW, Suite 60 1
Was hingto n, DC 20052
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Page 5 of 19

ABA # (for Wires): 031 000053

ABA # (for ACH): 054000030
SWIFT# : PNCCUS33

The Contractor will invoice the FSB using the Contractor's standard format and
Contractor will submit an invoice, original and three (3) copies, within the first
twenty (20) days after the report is submitted. Each invoice shall contain the
following certification:

Under penalty of absolute nullity, I certify that no public servant of

FSB is a party to or has an interest in the profits or benefits that are
the product of the contract subject of this invoice, and to be a
party to or have an interest in the profits or benefits of resulting from
the contract, under this invoice a prior dispensation has been
issued. The sole consideration to furnish the contracted goods or
services subject of the contract is the payment agreed upon with
the authorized representative of the parties. The amount that
appears in the invoice is fair and correct. The work has been
performed, the products have been delivered and the services
rendered, and no payment has been received for them.

A final financial accounting of all costs incurred and funds received shall be
submitted to FSB within ninety (90) days of the End Dote.

Invoices may be sent via electronic mail or U.S. mail to the FSB representative
identified in Section XVI.

An authorized representative of the FSB will review each invoice and , if

adequate, will approve and process its payment. FSB reserves the right to
conduct any audit related to the payment of goods and services under this
Agreement it deems necessary at their own expense .

The FSB will not reimburse any costs incurred by the Contractor not included in
the approved Proposal or executed amendment.

If applicable, FSB will reimburse Contractor's reasonable costs of travel for FSB
business, if said travel is approved in advance by the FSB; provided , however,
that the purpose of the travel shall be related to the Contractor's services on
behalf of the FSB. The FSB will reimburse the Contractor for the actua l cost of
coach rate air travel, car rental, if needed , lodging , meals, and other
reasonable miscellaneous expenses associated with pre-approved travel, not to
exceed the applicable Federal government per diem .
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VI. FSB'S RESPONSIBILITIES

FSB shall use reasonable efforts to cooperate wi th the Contractor, including

providing any information reasonably requested by Contractor and providing
access to any facility at which the Services are to be performed at such times as
may reasonably be requested by the Contractor. FSB shall make timely
payments in accordance with the terms and conditions of this Agreement.

VII. OWNERSHIP AND USE OF DOCUMENTS

The Contractor acknowledges that FSB reta ins copyrights and ownership to all
final deliverables ("Works") developed and prepared by the Contractor, its
agents or representatives in performance of its obligations of this Ag reement
and FSB agrees not to alter the Contractor 's deliverables without prior permission
from the Contractor. FSB here by grants a nonexclusive, irrevocable, worldwide,
roya lty-free license to Contractor to use the Works in fulfillment of its rese arch,
academic and professional pursuits or for any other noncommercial purpose.

Authorship of Works performed under this Agreement will be attributed to the

persons who contributed to the production of the Works with order of authorship
determined by mutual agreement according to prevail ing scientific standards .

The parties agree that FSB may publish the use and publish the Works in any
manner at their sole discretion. However, the parties further agree to cooperate
on any publication pursuant to this Agreement . Both FSB and Contractor agree
to provide the other party w ith a copy of any publication for review and
comment for a period of thirty (30) days prior to submission for publication or
presentation . The parties acknowledge that publications pursuant to this
Agreement must acknowledge the source of fund ing.

VIII. NON-DISCLOSURE AND CONFIDENTIALITY

1. Confidential Information; Definition: The term Confidential Information as

used throughout this Section , means any information concerning FSB
operations and that of its Contractor (e.g., the projects, computer process ing
systems, object and source codes and other FSB business and financial
affairs). Th e te rm Confidential Information shall also deemed to include all
notes, analysis, compilation , studies and interpretation or other documents
prepared by Contractor, its agents or representatives, in connection with FSB
operations .

All proprietary an d confid ential information ("Proprietary Inform ation")

d eveloped or d iscl ose d by eithe r party under this Ag ree m ent sha ll be
gove rn ed by a se parate non-dis cl osure agree m e nt (the liNDA") which shall
FSB- George Washington University
Page 7 of 19

be entered into between the parties hereto if required, on or about the date
first listed above. Regardless of the terms of any NDA the Contractor shall
hold in confidence all nonpublic information regarding FSB and use such
information only for purposes of performing Services for FSB. Further, the
Contractor shall not disclose or use any personal information regarding
individuals or financial accounts that is subject to restrictions under
applicable laws or regulations to which the Contractor may gain access in
the course of performing any Services. The restrictions in this Paragraph shall
survive for a period of five (5) years after any expiration or termination of this
Agreement, or longer as required by applicable laws or regulations.

2. Non-Disclosure: Contractor agrees to take all reasonable steps or measures

to keep confidential all Confidential Information and will not, at any time,
present or future, without FSB express written authorization, signed by the
Secretary of the DSP, use or sell, market or disclose any Confidential
Information to any third party, firm, corporation, or association for any
purpose whatsoever. Contractor further agrees that, except as they relate to
the normal course of the service, the Contractor will not make copies of the
Confidential Information except upon FSB express written authorization,
signed by an authorized representative of FSB, and will not remove any copy
or sample of Confidential Information without prior written authorization from
FSB. Contractor retains the right to control its work papers subject to these
confidentiality provisions.

The following types of information shall not be considered Confidential

Information. Information that: (1) was publicly known and made generally
available to the public prior to the time of disclosure to the Contractor by
the disclosing party; (2) is or hereafter becomes part of the public domain
through no wrongful act, fault or negligence on the part of the Contractor;
(3) is independently developed by the Contractor as evidenced by its
written records; (4) is received from a third party without restriction and
without breach of an existing confidentiality agreement. The Contractor is
permitted to disclose Confidential Information that is required to be
disclosed by court order or operation of law provided the Contractor has
provided sufficient advance written notice to FSB of such disclosure, if such
notice is legally permitted .

3. Return Documents: Upon ten (10) business days of a written request from the
FSB or upon termination or expiration of this Agreement. Contractor will return
to FSB, or at FSB's option, shall destroy, all tangible forms of copies or samples
of Confidential Information which, at the time are in Contractor's or its
agent 's possession. Contractor reserves the right to retain copies thereof to
the extent necessary to comply w ith statutory or regulatory requirements and
to retain a set of its work papers.
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4. Equitable Relief: Contractor acknowledges and agrees that a breach of the

provision of subparagraph 2 and 3 of this Section will cause FSB to suffer
irreparable damage that could not remedied or compensated adequately
only by mere monetary retribution. Contractor further agrees that money
damages may not be a sufficient remedy for any breach of this Section.
Accordingly, the Contractor agrees that FSB shall have the right to seek
injunctive relief and the specific performance of the provisions of this Section
to enjoin a breach or attempted breach of the provision hereof, such right
being in addition to any and all other rights and remedies that are available
to FSB at law, in equity or otherwise.

IX. ACCESS TO RECORDS AND REPORTS

The following access to records requirements apply to this contract:

1. The Contractor agrees to provide the FSB, the FEMA Administrator, the
Comptroller General of the United States, or any of their authorized
representatives, access to any books, documents, papers, and records of
the Contractor which are directly pertinent to this Agreement for the
purposes of making audits, examinations, excerpts, and transcriptions
during Contractor regular business hours.

2. The Contractor agrees to permit any of the foregoing parties to reproduce

by any means whatsoever or to copy excerpts and transcriptions as
reasonably needed at their own expense.

3. The Contractor agrees to retain for a period of six (6) years any documents
related to and receipts for expenses incurred for services hereunder after
the termination date of this Agreement.

X. TERMINATION

1. Termination for Cause or Default: The FSB may terminate this Agreement, in
whole or in part, for the Contractor's failure to fulfill its obligations . The FSB
shall terminate this Agreement by delivering to the Contractor a thirty (30)
day notice of termination specifying the e xte nt to which the performance of
the service under this Agreement is terminated, the reason therefore and the
effective date of termination. Upon receipt of such notice the Contractor
shall immediately discontinue all services and deliver to the FSB all
documents, analysis, reports, compilations, studies and other materials
accumulated or generated in performing the Services in this Agreement,
whether completed or in process through the date of termination. The FSB
may withhold any payments to the Contractor, for the purpose of off-set or
FSB- George Washington University
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partial payment, as the case may be, of amounts owed to the FSB by the
Contractor.

2. Termination for Convenience: The FSB may terminate this Agreement, in

whole or in part, whenever the FSB determines that such termination is
necessary or convenient to the Agency. The FSB will terminate this
Agreement by delivering to the Contractor a thirty (30) day notice of
termination specifying the extent to which the performance of the work
under this Agreement is terminated, and the effective date of termination.
Upon receipt of such notice, the Contractor shall immediately discontinue all
services affected and deliver to the FSB all documents, analysis, reports,
compilations, studies and other materials accumulated or generated in
performing the Services in this Agreement, whether completed or in process
through the date of termination. In the event of a termination by Notice , the
FSB shall be liable only for payment of services rendered up to and including
the effective date of termination.

3. Termination by Unilateral Abandonment: The FSB will cons ider this Agreement
immediately terminated, in the event that the Con tractor unilaterally and
without prior notice, chooses to abandon (in any shape, form or fashion)
cease and desist in the specific performance of its general and particular
duties and responsibilities as agreed in this Agreement. Upon the knowledg e
of such event, th e FSB will not be held liable and will immediately,
automatically and retroactively deduct from any future reimbursement, all
advance funds from the day such unilateral abandonment took place. The
FSB will not be compelled to continue the performance of the Agreement,
should the Contractor breach the Agreement by unilateral abandonment.
The FSB shall be liable only for payment of services rendered up to and
including the effective date of such termination .

4. Unilateral Termination: The FSB may terminate this Agreement, in whole or in

part, at FSB's sole discretion, with or without cause, at any time. The FSB will
terminate this Agreement by delivering to the Contractor a thirty (30) day
notice of termination specifying the extent to which the performance of the
work under this Agreement is terminated, and the effective date of
termination. Upon receipt of such notice, the Contractor shall immediately
discontinue all services affected and deliver to the FSB all, documents,
analysis, reports, compilations, studies and other materials accumulated or
generated in performing the Services in this Agreement, whether completed
or in process through the date of termination. In the e ve nt of a termination
by Notice, the FSB shall be liable only for payment of services rendered up to
and including the effective date of termination.

5. Suspension: The FSB may suspend this Agreement in whole or in part at any
FSB- George Washington University
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time for the FSB's convenience. The FSB shall give the Contractor seven (7)
days written notice of such suspension. Upon receipt of said notice the
Contractor shall immediately discontinue all Services affected. If the
suspension is stated to be for more than three (3) months, the Contractor
shall deliver all work completed as of the date of suspension and the
Contractor shall be entitled to compensation for all Services rendered as of
date of suspension in accordance with this Agreement. If suspension
exceeds three (3) months, an equitable adjustment in compensation shall be
negotiated to compensate for increase in costs caused by the suspension.

6. Immediate Termination. In the event the Contractor is subjected to a criminal

or civil action, suit, proceeding, inquiry or court of applicable jurisdiction, or
any governmental agency, or the Contractor shall be subject to an order,
judgment, or opinion, issued by any federal or local authority, a court of
applicable jurisdiction. or any governmental agency, in connection with the
execution, delivery, and performance by the Contractor of this Agreement
or the Contractor of this Agreement has been noncompliant, breach,
inaccuracy of any representation, warranties, covenants, or the certifications
provided herein, whether the noncompliance, breach or inaccuracy takes
place before or after the execution of this Agreement, the FSB shall have the
right to the imm ediate termination of this Agreement notwithstanding, any
provisions to the contrary herein . This section will apply in the event of any
judgment that may obligate the FSB to terminate the Agreement pursuant to
Act Number 458 of 2000 as amended. and/or by Act Number 84 of 200 1. as
amended. In the event of such termination, the FSB shall be liable only for
payment of services rendered up to and including the effective date of
termination.

XI. ADDITIONAL SERVICES

Should additional services be needed by the FSB, such additional services shall
be agreed to by the parties in a written amendment signed by authorized
representatives of both parties.

XII. LOBBYING

The Contractor and any Subcontractors shal l comply with th e Byrd Anti-
Lobbying Amendment 31 U.S.c. § 1352 (as amended). ensuring that any Federa l
appropriated funds are not used to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency. a
member of Congress, officer or employee of Congress, or an employee of a
member of Congress in connection with obtaining any Federal contract, grant,
or any other award covered by this Section. Contractor shall also disclose as
FSB- George Washing t on University
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required any lobbying with non-Federal funds that takes place in connection
with obtaining any Federal award associated with this contract.

XIII. LIABILITY

In no event, shall the FSB or Contractor be liable for any indirect, incidental,
special or consequential damages, or damages for loss of profits, revenue, data
or use, incurred by either party or any third party, whether in an action in
contract or tort, even if the other party or any person has been advised of the
possibility of such damages. Third parties operating under this program, with their
agency, will have their own general civil and criminal liability imposed by law
towards the FSB, the Contractor and any citizen.

The Contractor shall carry a Professional Liability Insurance and other insurance
as necessary to cover its obligations under this Agreement. The Contractor shall
furnish FSB certificates of insurance as required.

Any policy or certificate required under this Section shall state that a thirty (30)
day notice of prior cancellation or change will be provided to the FSB .

XIV. HOLD HARMLESS

The Contractor and its affiliates, its successors and assignees will indemnify the
FSB from any damages and/or losses arising out of personal injuries or property
damage resulting from any intentional act of recklessness, gross negligence or
misconduct by the Contractor and its affiliates in connection with this
Agreement. The Contractor and the FSB shall be responsible for any and all
costs, damages, claims, liabilities or judgements which arise as a result of the
negligence or intentional wrongdoing of its employees.

XV. fORCE MAJEURE

In the event of a fire, flood, earthquake, natural disaster, hurricane, riot, acts of
terrorism, act of governmental authority in its sovereig n capacity (including but
not limited to any law, regUlation, Decree or denial of visas or residence
permits), strike, labor dispute or unrest including lockouts, shortages of or inability
to obtain labor, energy, raw materials or supplies, embargo, war, insurrection or
civil unrest, any act of God including inclement weather, herein collectively
referred to as Force Majeure during the term of this Agreement, neither the FSB
nor the Contractor shall be liable to th e other party for nonperformance during
the conditions created by such e vent.
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Either party shall notify in writing, as soon as possible, the other party of the
occurrence of the Force Majeure event and describe in reasonable detail, the
nature of the Force Majeure event.

XVI. NOTICES

All notices, requests, demands and other communications required or permitted

to be given under the Agreement shall be in writing, and shall be deemed to
have been duly given upon personal delivery, five (5) days after being mailed
by registered or certified mail, return receipt requested, or one (1) business day
after being sent by nationally recognized overnight courier or confirmed
electronic mail. Notices shall be addressed as follows:

Forensics Dr. Edwin Crespo-Torres

Science Bureau Commissioner
Forensics Science Bureau
PO Box 11878
San Juan, PR 00921-1878
(787) 765-0515
ecrespo@icf.pr.gov

Contractor: Shandra S. White, Director, Sponsored Projects

The George Washington University
Office of the Vice President for Research
2121 I Street, N.W. Suite 601
Washington, D.C. 20052-0086
(202) 994-6255
osr@gwu.edu

XVII. CERTIFICATION OF COMPLIANCE WITH LEGAL REQUIREMENTS

1. Compliance with A. N. No. OE 1991-24. Pursuant to Executive Order Number

OE-1991-24 of June 18, 1991, the Contractor certifies and guarantees that at
the signing of this Agreement it has filed all the necessary and required
income tax returns to the Government of Puerto Rico for the last five (5)
years. The Contractor, further certify that it has complied and is current with
the payment of any and all income taxes that are, or were due, to the
Government of Puerto Rico. The Contractor shall hand out, to the
satisfaction of the FSB and whenever requested by the FSB during the term of
this Agreement, the necessary documentation to support its compliance of
this clause. The Contractor will be given a specific amount of time by the FSB
to produce said documents. During the term of this Agreement, the
Contractor agrees to pay and/or to remain current with any repayment plan
agreed to by the Contractor with the Government of Puerto Rico
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2. Social Security and Income Tax Retentions: The Contractor will be

responsible for rendering and paying the Federal Social Security and Income
Tax Contributions for any amount owed as a result of the income, from this
Agreement.

3. Puerto Rico Child Support Administration (ASUME): The Contractor certifies

and guarantees that at the signing of this Agreement that the Contractor nor
any of its Partners, if applicable, does not have any debt or outstanding debt
collection legal procedures with regards to child support payments that may
be registered with the Puerto Rico Child Support Administration (known in
Spanish as the Adminisfraci6n Para EI Sustenfo de Menores (ASUME)).

4. Compliance with Act No.1. The Contractor hereby certifies that in sign ing
this Agreement it is in compliance with Act 1 of January 3, 2012, as
amended, known as the Ethics Act of the Government of Puerto Rico, which
in connection with the possibility of a conflict of interest, stipulates that, no
employee or executive of the Contractor, nor any member of his/her
immediate family (spouse, dependent children or other members of his/her
household or any individual whose financial affairs are under the control of
the employee) shall have any direct or indirect pecuniary interest in the
services to be rendered under this Agreement, except as may be expressly
authorized by the Governor of Puerto Rico in consultation with the Secretary
of Treasury and the Secretary of Justice of the Government.

5. Consequences of Non-Compliance: The Contractor expressly agrees that

the conditions outlined throughout this Section are essential requirements of
this Agreement; thus, should anyone of these representations, warrants, and
certifications be incorrect, inaccurate or misleading, in whole or in part, there
shall be sufficient cause for FSB to render this Agreement null and void and
the Contractor reimburse to FSB all moneys received under this Agreement.

6. Compliance with Federal law, Regulations, and Executive Orders: The

Contractor will comply will all applicable federal law, regulations, executive
orders, FEMA policies, procedures, and directives.

7. Export Control: The parties intend for this Agreement to be carried out
without the disclosure of information that contains export control-listed
technology or technical data identified on any US export control list,
including the Commerce Control List (CCl) set forth in the Export
Administration Regulations at 15 CFR Part 774 and the US Munitions List (USMl)
set forth in the International Traffic in Arms Regulations at 22 CFR Part 121.
Prior to one party providing the other party with export contro l-listed
information, the disclosing party will provide advance written notice to the
FSB- George Washington University
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receiving party regarding the export classification of such information, and

the receiving party must issue written approval to the disclosing party prior to
the transmission of such information to the receiving party. Notwithstanding
any other provision of this Agreement, the receiving party is under no
obligation to accept export control -listed information from the disclosing
party.

XVIII. ENTIRE AGREEMENT

This Agreement and all exhibits in Section II of this Agreement represent the
entire and integrated agreement between FSB and the Contractor and
supersede all prior negotiations, representations , agreements and/or
understandings of any kind. This Agreement may be amended only by written
document signed by authorized representatives of both FSB and the Contractor.
Any amendment to this Agreement shall be subject to any required approvals
of government authorities of the Commonwealth of Puerto Rico.

XIX. MODIFICATION OF AGREEMENT

Any modification of this Agreement or additional obligation assumed by either

party in connection with this Agreement shall be binding only if written and
signed by both parties, and its authorized representatives.

XX. BINDING EFFECT

This Agreement shall be binding upon and shall inure to the benefit of FSB and
the Contractor, their successors and assigns.

XXI. ASSIGNMENT OF RIGHTS

The rights of each party hereunder are personal to that party and may not be
assigned or otherwise transferred to any other person, firm, corporation , or other
entity without the prior, express, and written consent of the other party.

XXII. NON-WAIVER

The failure or delay of either party to insist upon the performance of and/or the
compliance with any of the terms and conditions of this Agreement shall not be
construed as a waiver of such terms and conditions or the right to enforce
compliance with such terms and conditions .
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XXIII. DISPUTES

The court and authorities of the Commonwealth of Puerto Rico or the federal
court in Puerto Rico, to the extent it may have subject matter jurisdiction, shall
have jurisdiction over all controversies that may arise with respect to this
Agreement. Should either party initiate or bring suit or action before any other
court, it is agreed that upon application, any such suit or action shall be
dismissed, without prejudice, and may be filed in accordance with this provision.
The party bringing the suitor action before a court not agreed to herein shall
pay to the other party all costs of seeking dismissal including reasonable
attorneys fee. Should any clause or condition of this Agreement be declared
null and void by a competent court of law, the remaining parts of this
Agreement shall remain full force and effect.

XXIV. SEVERABILITY

If any provision of this Agreement shall operate or would prospectively operate

to invalidate the Agreement in whole or in part, then such provision only shall be
deemed severed and the remainder of the Agreement shall remain operative
and in full effect.

XXV. COUNTERPARTS

This Agreement may be executed in any number of counterparts, each of

whom shall be deemed to be an original, however, a ll of which together shall
constitute one and the same instrument.

XXVI. EQUAL OPPORTUNITY

1) Contractor agrees that during the time in which it will provide services to FSB
it will not discriminate on the basis of race, color, age, sex, birth of origin,
social condition, political affiliation, religious ideals and/or handicapped
condition. The contractor will take affirmative action to ensure that
applicants are employed, and that employees are treated during
employm ent without regard to their race, color, religion, sex, or national
origin. Such action shall include, but not be limited to the following:
Employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of payor other forms of
compensation; and selection for training, including apprenticeship. The
contractor agrees to post in conspicuous places, available to employees
and applicants for employm ent, notices to be provided setting forth the
provisions of this nondiscrimination clause.
FSB- George Washington University
Page 16 of 19

2) The Contractor will, in all solicitations or advertisements for employees placed

by or on behalf of the Contractor, state that all qualified applicants will
receive considerations for employment without regard to race, color,
religion, sex, or national origin .
3) The Contractor will send to each labor union or representative of workers with
which he has a collective bargaining agreement or other contract or
understanding, a notice to be provided advising the said labor union or
workers' representatives of the Contractor's commitments under this section,
and sholl post copies of the notice in conspicuous places available to
employees and applicants for employment.
4) The Contractor will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the
Secretory of Labor.
5) The Contractor will furnish all information and reports required by Executive
Order 11246 of September 24, 1965, and by rules, regulations, and orders of
the Secretary of Labor, or pursuant thereto, and will permit access to his
books, records, and accounts by the administering agency and the
Secretory of Labor for purposes of investigation to ascertain compliance with
such rules, regulations, and orders.
6) In the event of the Contractor's noncompliance with the nondiscrimination
clauses of this contract or with any of the sa id rules , regulations, or orders, this
contract may be canceled, term inated, or suspended in whole or in part
and the Contractor may be declared ineligible for further Government
contracts or federa lly assisted construction contracts in accordance with
procedures authorized in Executive Order 11246 of September 24, 1965, and
such other sanctions as may be imposed and remedies invoked as provided
in Executive Order 11246 of September 24, 1965, or by rule, regulation, or
order of the Secretary of Labor, or as otherwise provided by low.
1) The Contractor will include the portion of the sentence immediately
preceding paragraph (1) and the provisions of paragraphs (1) through (7) in
every subcontract or purchase order unless exempted by rules, regulations,
or orders of the Secretary of Labor issued pursuant to section 204 of Executive
Order 11246 of September 24, 1965, so that such provisions will be binding
upon each subcontractor or vendor. The Contractor will take such action
with respect to any subcontract or purchase order as the administering
agency may direct as a means of enforcing such provisions, including
sanctions for noncompliance: Provided, however, that in the event a
contractor becomes involved in , or is threatened with, litigation with a
subcontractor or vendor as a result of such direction by the administering
agency the contractor may request the United States to ente r into
such litigation to protect the interests of the United States."
 FSB- George Washington University
Page 17 of 19

XXVII. ETHICS CLAUSE

No employee or officer of FSB as well as any member of their families can have
any interest in the earnings or benefits from this Agreement, according with Law
No. 84, June 18, 2002. The Contractor acknowledges receipt of the Ethics Code
for Contractors, Suppliers, and Applicants of Economic Incentives from the
Government of Puerto Rico Agencies known in Spanish as C6digo de Etica para
Contratistas, Suplidores y Solicitantes de lncentivos Econ6micos de las Agencias
Ejecutivas de Puerto Rico.

XXVIII. DRUG FREE WORKPLACE

The Contractor should establish procedures and policies to promote a Drug-Free

workplace. Further, the Contractor should notify all employees of its policy for
maintaining a Drug-Free workplace, and the penalties that may be imposed for
drug abuse violations occurring in the workplace. Further, the Contractor shall
notify the FSB if any of its employees is convicted of a criminal drug offense in
the workplace no later than ten (10) business days after such conviction.

XXIX. HEADINGS

The titles to the paragraphs of this Agreement are solely for reference purposes
and the convenience of the parties and shall not be used to explain, modify,
simplify, or aid in the interpretation of the provisions of this Agreement.

XXX. LAW NO. 127, MAY 31, 2004.

The services object of this Agreement will not be performed until this Agreement
is presented to be registered in the Office of the Comptroller of the Government
of Puerto Rico pursuant to Law Number 18 of October 30, 1975, as amended.

XXXI. Memorandum No. 2017-001; Circular Letter 141-17 of the Office of the
Chief of Staff of the Governor (Secrefarfa de la Gobernacion) and the
Office of Management and Budget (Oficina de Gerencia y Presupuesto -
OGP)

a) Interagency Services Clause: Both contracting parties acknowledge and

agree that services retained may be provided to any entity of the Executive
Branch with which the contracting entity makes an interagency agreement
or by direct provision of the Office of the Chief of Staff of the Governor. These
services will be performed under the same terms and conditions in terms of
hours of work and compensation set forth in this contract. For purposes of this
clause, the term "Executive Branch entity" includes all agencies of the
 FSB- George Washington University
PagelBof19

Government of Puerto Rico, as well as public instrumentalities and

corporations and the Office of the Governor.

b) Termination Clause: The Chief of Staff of the Governor shall have the power
to terminate this contract at any time.

XXXII. READING AND ACCEPTANCE

The parties read and execute this contract and find it written in accordance
with the law and as agreed, on account of which they ratify and sign on the last
page hereof and affix their initials in the margin of the other pages.

The parties acknowledge and agree that this Agreement may be executed or
accepted using electronic or facsimile signatures, and that such a signature
shall be legally binding to the same extent as a written signature by a party's
authorized representative. Each party waives any legal requirement that this
Agreement be embodied , stored or reproduced in tangible media , and agrees
that an electronic reproduction shall be given the same legal force and effect
as a signed writing.

IN WITNESS THEREOF, the parties hereto execute this Agreement in San Juan,
Puerto Rico and Washington DC, on this _of May, 20 18 ..

FSB CONTRACTOR

onica Menende Larrauri I a

Acting Comm issioner Authorized Represen
Forensics Science Bureau The George Washington
Tax Id Number: Tax Id Number:

ector M. Pesq
Secretary
Department of Public Safety ley k:t1, Notary Public, D.C.
Tax Id Number: My commission explrss May 31, 2021.