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HomeMy WebLinkAboutPD11-080 - Original - Seattle Police Department - SFY Gang Enforcement & Intervention - JAG Program (F10-34021-045) - 07/01/2010 e ® Records Mzs e K T \4� Document WASH INGTON CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: 5 P� Vendor Number: JD Edwards Number Contract Plumber: This is assigned by City Clerk's Office Project Name: Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract ❑ Other: Contract Effective Date:��/1— /a Termination Date: Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: .5.,Xk.c6Ca---- Department: f10 Detail: (i.e. address, location, parcel number, tax id, etc.): S Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 T t(E poLl SPD 00 Seattle Police Department Interagency Agreement (IA) executed with City of Kent Via SFY 2011 GANG ENFORCEMENT AND INTERVENTION-JAG PROGRAM (F10-34021-045) IA Title The Reduction of Criminal and Violent Gang Activities in Local Communities by Law Enforcement and Prevention For- Purposes of building on the success of the previous coordinated regional effort, the Seattle Police Department (SPD) will conduct emphasis patrols focusing on gang related activity occurring in Seattle and surrounding area working in collaboration with specific regional law enforcement agencies The mission is to interdict gang violence by proactive enforcement measures as well as follow-up investigations, meeting regularly with regional partners to share information, provide leads on individual cases and gang members to accomplish quicker apprehension and stronger criminal cases for presentation to the Prosecutors Office, as well open avenues for increasing Federal Prosecution IA Start Date July 1, 2010 WHEREAS, the City submitted an application to the State of Washington Department of Commerce to request Edward Byrne Memorial Justice Assistance Grant (JAG) Program funds, and, WHEREAS, based on the City's successful application, the Department of Commerce $276,707 to the City of Seattle from these JAG funds, and WHEREAS, multiple jurisdictions including the Cities of Seattle, Auburn, Burien, Des Moines, Federal Way and Tukwila have many prevention, intervention and suppression efforts coming together in 2010 These efforts provide a comprehensive and meaningful platform from which to respond to the rise in gang violence, while meeting the intended purpose of _ the grant funding provided by the Federal Government This unprecedented collaboration, first initiated in 2009, brings all of the stakeholders together to provide support, resources and accountability to those young people, and their families, struggling with the myriad of issues that often lead youth into gangs, and WHEREAS, these participating jurisdictions are continuing a Gang Enforcement Work Group for purposes of reducing gang activity through a cooperative approach, WHEREAS, the grant program funding will provide A regional Gang Specialist Police Officer in the Bunen Police Department (BPD), •3 Overtime-funding for selected regional police agencies necessary to conduct pro- active and follow-up investigations in identified hot spot areas IN WITNESS WHEREOF, the parties have executed this Agreement by having their representatives affix their signatures on the Face Sheet as follows FACE SHEET Grant Number: F10-34021-045 City of Seattle Seattle Police Department (SPD) SFY 2011 GANG ENFORCEMENT AND INTERVENTION-JAG PROGRAM CONTRACT No 2010 IA COMM-5 1. Contractor's Name and Address: 2. Contractor Doing Business As (Optional) City of Kent N/A 232 Fourth Ave South Kent, WA 98032 3. Contractor Representative 4 SPD Representative Printed Name Rafael Padilla Printed Name Michael Washburn Title Lt Title Captain (206) 684 5551 Phone 253 266 6848 P O Box 34986 610 Fifth Avenue, Seattle, WA 98124-4986 5 Contract Amount 6. Funding Source 77- tart Date 8. End Date $ Federal X State Other N/AJuly 1 2010 June 30 2011 9. Federal Funds (as applicable) Federal Agency CFDA Number Department of Justice 16 738 10. Contract Purpose To provide U S Department of Justice, Bureau of Justice Assistance, funding to address violent and gang related crime, and to improve the criminal justice system within Washington State de tined and hereinatter reterred to as the Seattle Police Department, and the Contractor, acknowledge an accept the terms of the Grant referenced, including attachments, and have executed this Interagency Agreement(IA) on the dat referenced above The rights and obligations of both parties to this IA are governed by the Grant referenced and the following other documents incorporated by reference Special Terms and Conditions including Exhibit"A" Special Additional Provisions, Exhibit"B°—Scope of Work, Exhibit"C" — Budget, and the Contractor's Certifications and Assurances as may be required by SPD, as pre-requisites for execution of this Agreement FOR THE CONTRACTOR FOR THE CITY Signature John Diaz, Chief of Police Seattle Police Department Printed Name Steve Strachan Title Chief of Police Date � 4�D Date Authorized By Ordinance 2010 4'h Quarter Supplemental Grant Program SFY2011 GANG ENFORCEMENT AND INTERVENTION-JAG PROGRAM 1 SPECIAL TERMS AND CONDITIONS 1. ACKNOWLEDGEMENT OF FEDERAL FUNDING The Contractor agrees that any publications (written, visual, or sound) but excluding press releases, newsletters, and Issue analyses, Issued by the Contractor describing programs or projects funded in whole or in part with federal funds under this Agreement, shall contain the following statements "This protect was supported by State Contract No F10-34021-045 awarded by the State of Washington Department of Commerce from grant funding from the United States Department of Justice Points of view in this document are those of the author and do not necessarily represent the official position or policies of the United States Department of Justice, or the State of Washington Grant funds are administered by the Seattle Police Department, City of Seattle " SPD, as a recipient of a SFY 2011 Gang Enforcement and Intervention -JAG Program Grant (hereinafter"grant") funds is legally obligated and must meet accountability and reporting requirements under the grant The City of Seattle or the federal funding source may also identify additional requirements or other changes in requirements Such requirements may be in statute, regulation, policy, or procedure SPD is responsible for incorporating these requirements into the performance of this Grant 2. TERM OF AGREEMENT The term of this Agreement shall be as specified in block seven and eight of this Agreement's Face Sheet, unless amended, as mutually,agreed upon 3. AGREEMENT MANAGEMENT The Authorized Representative for each of the parties, as identified on the Face Sheet of this Agreement, shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Agreement 4. SPECIAL ADDITIONAL PROVISIONS The Contractor agrees to comply with the grant program specific additional financial and administrative provisions (i e , Special Conditions), as described in Exhibit A 5. SCOPE OF WORK i The scope of work for this Agreement shall be all actions necessary or incidental to the implementation of the project as detailed in Exhibit B 6. COMPENSATION SPD shall pay an amount not to exceed the amount specified in block five of this Agreement's Face j Sheet for the performance of all things necessary for or incidental to the performance of work as set I{ forth in the Scope of Work and consistent with the Budget in Exhibit C 7. BILLING PROCEDURES AND PAYMENT SPD will pay Contractor upon acceptance of services provided and receipt of properly completed invoices, which shall be submitted to the Representative for SPD on at least a quarterly basis, though not more often than monthly The Contractor will utilize only invoice forms provided by SPD to request reimbursement under this Agreement, unless otherwise specified If the Contractor is past due in submitting any required periodic activity reports, SPD shall withhold payment of all invoices until the required reports are received Payment shall be considered timely if made by SPD within thirty (30) calendar days after receipt of properly completed invoices or receipt of past due activity reports, whichever is later Payment shall be sent to the address designated by the Contractor SPD may, in its sole discretion, terminate the Agreement or withhold payments claimed by the Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or IA Kent PD-Federal Funding Page 2 J I SPECIAL TERMS AND CONDITIONS condition of this Agreement No payments in advance or in anticipation of services or supplies to be provided under this Agreement shall be made by SPD Disallowed Costs The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its subcontractors, if applicable 8. REPORTING REQUIREMENTS Each request for reimbursement, whether submitted monthly or quarterly, will be accompanied by a narrative progress report Reports must include the Contractor's progress in Implementing the scope of work, including any problems encountered and possible cost overruns or under runs 9. INDEMNITY To the fullest extent permitted by law, the Contractor shall indemnify, defend, and hold harmless the City of Seattle, SPD, all other agencies of the City and all officers, agents and employees of the City, from and against all claims or damages for injuries to persons or property or death arising out of or incident to the performance or failure to perform the work under this Agreement The Contractor's obligation to Indemnify, defend, and hold harmless Includes any claim by the Contractor's agents, employees, representatives, or any subcontractor or Its agents, employees, or representatives The Contractor's obligation to Indemnify, defend, and hold harmless shall not be eliminated or reduced by any actual or alleged concurrent negligence of the City or Its agents, agencies, employees and officers Subcontracts shall Include a comprehensive Indemnification clause holding harmless the Contractor, SPD, the City of Seattle, its officers, employees and authorized agents The Contractor waives Its immunity under Title 51 RCW to the extent it is required to indemnify, defend and hold harmless the City and Its agencies, officers, agents or employees and the parties agree that this waiver has been the subject of mutual negotiation 10. ORDER OF PRECEDENCE In the event of an inconsistency in this Agreement, the inconsistency shall be resolved by giving precedence in the following order ■ Applicable federal and state of Washington statutes and regulations ■ Special Additional Provisions—Exhibit A ■ Special Terms and Conditions • Scope of Work— Exhibit B • Budget—Exhibit C ■ General Terms and Conditions IA Kent PD-Federal Funding Page 3 GENERAL TERMS AND CONDITIONS 1. DEFINITIONS As used throughout this Agreement, the following terms shall have the meaning set forth below A. "City" shall mean the City of Seattle B. "Contractor" shall mean the entity identified on the Face Sheet performing service(s) under this Interagency Agreement, and shall include all employees and agents of the Contractor May also be referred to as the "vendor" and provides services on a fee-for-service or per-unit basis with contractual liability if the entity fails to meet program performance standards C. "Department" shall mean the Seattle Police Department D. "Personal Information" shall mean information identifiable to any person, including, but not limited to, information that relates to a person's name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers E. "SPD" shall mean the Seattle Police Department F. "Subcontractor" shall mean entities that contract directly with the Contractor. G. "Sub recipient" shall mean a non-federal entity that expends federal awards received from a pass- through entity to carry out a federal program, but does not include an individual that is a beneficiary of such a program It also excludes vendors that receive federal funds in exchange for goods and/or services in the course of normal trade or commerce 2. ALL WRITINGS CONTAINED HEREIN This Agreement contains all the terms and conditions agreed upon by the parties No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto 3. AMENDMENTS This Agreement may be amended by mutual agreement of the parties Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties Only the Authorized Representative or Authorized Representative's designee by writing (designation to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Agreement 4. AMERICANS WITH DISABILITIES ACT(ADA) OF 1990, PUBLIC LAW 101-336, also referred to as the "ADA' 28 CFR Part 35 The Contractor must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunications 5. APPROVAL This Agreement shall be subject to the written approval of the Chief of Police, Seattle Police Department, or designee, and shall not be binding until so approved The Agreement may be altered, amended, or waived only by a written amendment executed by both parties 6. ASSIGNMENT Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by the Contractor without prior written consent of SPD 7. AUDIT A. General Requirements 4 GENERAL TERMS AND CONDITIONS Contractors are to procure audit services based on the following guidelines The Contractor shall maintain its records and accounts so as to facilitate the audit requirement and shall ensure that subcontractors also maintain auditable records, as applicable The Contractor is responsible for any audit exceptions incurred by its own organization or that of its subcontractors, as applicable SPD reserves the right to recover from the Contractor all disallowed costs resulting from the audit As applicable, Contractor's required to have an audit must ensure the audits are performed in accordance with Generally Accepted Auditing Standards (GAAS), Government Auditing Standards (the Revised Yellow Book) developed by the Comptroller General Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report The Contractor must respond to SPD requests for information or corrective action concerning audit issues within thirty(30) days of the date of request B. Federal Funds Requirements -OMB Circular A-133 Audits of States, Local Governments and Non-Profit Organizations Non-federal entities expending $500,000 or more in a fiscal year in federal funds from all sources, direct and indirect, are required to have an audit conducted in accordance with Office of Management and Budget(OMB) Revised Circular A-133"Audits of States, Local Governments, and Non-Profit Organizations " Revised OMB A-133 requires the Grantees to provide the auditor with a schedule of Federal Expenditure for the fiscal year(s) being audited The Schedule of State Financial Assistance must be included Both schedules include • Grantor agency name a Total award amount including amendments (total grant award) ■ Federal agency ■ Beginning balance ■ Federal program name • Current year revenues ■ Other identifying contract numbers ■ Current year expenditures ■ Catalog of Federal Domestic Assistance • Ending balance (CFDA) number ■ Grantor contract number ■ Program total If the non-federal entity is a state or local government entity, the Office of the State Auditor shall conduct the audit Audits of non-profit organizations are to be conducted by a certified public accountant selected by the non-federal entity in accordance with OMB Circular A-110"Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations " The Contractor shall include the above audit requirements in any subcontracts In any case, the Contractor's financial records must be available for review by SPD and by City, state or federal auditors, as applicable C. Documentation Requirements The Contractor must send a copy of any required audit Reporting Package as described in OMB Circular A-133, Part C, Section 320(c) no later than nine (9) months after the end of the Contractor's fiscal year(s)to Seattle Police Department ATTN Fiscal Section PO Box 34986 610 Fifth Ave Seattle, WA 98124-4986 In addition to sending a copy of the audit, when applicable, the Contractor must include, 5 GENERAL TERMS AND CONDITIONS ■ Corrective action plan for audit findings within three (3) months of the audit being received by SPD ■ Copy of the Management Letter 8. CERTIFICATION REGARDING DEBARMENT, SUSPENSION OR INELIGIBILITY AND VOLUNTARY EXCLUSION—PRIMARY AND LOWER TIER COVERED TRANSACTIONS A. Contractor certifies by signing these General Terms and Conditions that to the best of its knowledge and belief they: 1) Are not presently debarred, suspended, proposed for debarment, declared in-eligible, or voluntarily excluded from covered transactions by any Federal department or agency 2) Have not within a three-year period preceding this Agreement, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public or private agreement or transaction, violation of Federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, receiving stolen property, making false claims, or obstruction of justice, 3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, state, or local)with commission of any of the offenses enumerated in paragraph (1)(b) of this section, and 4) Have not within a three-year period preceding the signing of this Agreement had one or more public transactions (Federal, state, or local) terminated for cause of default B. Where the Contractor is unable to certify to any of the statements in this grant, the Contractor shall attach an explanation to this Agreement C. The Contractor agrees by signing this grant that it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by SPD D. The Contractor further agrees by signing this grant that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," as follows, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions LOWER TIER COVERED TRANSACTIONS 1) The lower tier subcontractor certifies, by signing this Agreement 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 2) Where the lower tier subcontractor is unable to certify to any of the statements in this Agreement, such sub contractor shall attach an explanation to this Agreement E. The terms covered transaction, debarred,suspended, ineligible, lower tier covered transaction, person, primary covered transaction, principal, and voluntarily excluded, as used in this section, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549 (49 CFR, part 29) 9. CONFIDENTIALITYISAFEGUARDING OF INFORMATION A. "Confidential Information" as used in this section includes 1) All material provided to the Contractor by SPD that is designated as "confidential" by SPD, 2) All material produced by the Contractor that is designated as "confidential" by SPD, and 3) All personal information in the possession of the Contractor that may not be disclosed under state or federal law "Personal information" includes but is not limited to information related to a person's name, health, finances, education, business, use of government services, addresses, telephone numbers, social security number, driver's license number and other 6 GENERAL TERMS AND CONDITIONS identifying numbers, and "Protected Health Information" under the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) B. The Contractor shall comply with all state and federal laws related to the use, sharing, transfer, sale, or disclosure of Confidential Information The Contractor shall use Confidential Information solely for the purposes of this Agreement and shall not use, share, transfer, sell or disclose any Confidential Information to any third party except with the prior written consent of SPD or as may be required by law The Contractor shall take all necessary steps to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential Information or violation of any state or federal laws related thereto Upon request, the Contractor shall provide SPD with its policies and procedures on confidentiality SPD may require changes to such policies and procedures as they apply to this Agreement whenever SPD determines that changes are necessary to prevent unauthorized disclosures The Contractor shall make the changes within the time period specified by SPD Upon request, the Contractor shall immediately return to SPD any Confidential Information that SPD determines has not been adequately protected by the Contractor against unauthorized disclosure C. Unauthorized Use or Disclosure The Contractor shall notify SPD immediately of any unauthorized use or disclosure of any confidential information, and shall take necessary steps to mitigate the harmful effects of such use or disclosure 10. COMPLIANCE WITH APPLICABLE LAWS The Contractor shall comply with all applicable laws, ordinances, codes, regulations, and policies of local, state, and federal governments, as now or hereafter amended, including, but not limited to United States Laws, Regulations and Circulars (Federal) A. Audits ■ Office of Management and Budget(OMB) Revised Circular A-133 "Audits of States Local Governments and Non-Profit Organizations " B. Labor and Safety Standards ■ Convict Labor, 18 U S C 751, 752, 4081, 4082 ■ Drug-Free Workplace Act of 1988, 41 USC 701 et seq ■ Federal Fair Labor Standards Act, 29 U S C 201 et seq • Work Hours and Safety Act of 1962, 40 U S C 327-330 and Department of Labor Regulations, 29 CFR Part 5 C. Laws against Discrimination ■ Age Discrimination Act of 1975, Public Law 94-135, 42 U S C 6101-07, 45 CFR Part 90 Nondiscrimination in Federally Assisted Programs ■ Americans with Disabilities Act of 1990, Public Law 101-336 • Equal Employment Opportunity, Executive Order 11246, as amended by Executive Order 11375 and supplemented in U S Department of Labor Regulations, 41 CFR Chapter 60 ■ Executive Order 11246, as amended by EO 11375, 11478, 12086 and 12102 ■ Handicapped Employees of Government Contractors, Rehabilitation Act of 1973, Section 503, 29 U S C 793 ■ Handicapped Recipients of Federal Financial Assistance, Rehabilitation Act of 1973, Section 504, 29 U S C Section 794 ■ Minority Business Enterprises, Executive Order 11625, 15 U S C 631 ■ Minority Business Enterprise Development, Executive Order 12432, 48 FIR 32551. ■ Nondiscrimination and Equal Opportunity, 24 CFR 5 105(a) ■ Nondiscrimination in benefits, Title VI of the Civil Rights Act of 1964, Public Law 88-352, 42 U.S C 2002d et seq, 24 CFR Part 1 • Nondiscrimination in employment, Title VII of the Civil Rights Act of 1964, Public Law 88-352 ■ Nondiscrimination in Federally Assisted Construction Contracts, Executive Order 11246, 42 U S C 2000e, as amended by Executive Order 11375, 41 CFR Chapter 60 ■ Section 3, Housing and Urban Development Act of 1968 12 USC 17001 u (See 24 CFR 570 607(b)) 7 GENERAL TERMS AND CONDITIONS D. Office of Management and Budget Circulars • Cost Principles for State, Local and Indian Tribal Governments, OMB Circular A-87, 2 CFR, Part 225 ■ Cost Principles for Nonprofit Organizations, OMB Circular A-122, (if the Grantee is a nonprofit organization) ■ Grants and Cooperative Agreements with State and Local Governments, OMB Circular A-102, (if the Grantee is a local government or federally recognized Indian tribal government) ■ Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher Education, Hospitals and Other Nonprofit Organizations, OMB Circular A-110 E. Other • Anti-Kickback Act, 18 U S C 874, 40 U S C 276b, 276c, 41 U S C 51-54 ■ Governmental Guidance for New Restrictions on Lobbying, Interim Final Guidance, Federal Register 1, Vol 54, No 2431Wednesday, December 20, 1989 ■ Hatch Political Activity Act, 5 U S C 1501-8 ■ Internal Revenue Service Rules, August 31, 1990 ■ Lobbying and Disclosure, 42 USC 3537a and 3545 and 31 USC 1352 (Byrd Anti-Lobbying Amendment) 31 U S C 1352 provides that Grantees who apply or bid for an award of $100,000 or more must file the required certification Each tier certifies to the tier above that it will not and has not used Federal appropriated funds 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 other award covered by 31 U S C 1352 Each tier must disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award Such disclosures are forwarded from tier to tier up to the recipient • Non-Supplanting Federal Funds ■ Section 8 Housing Assistance Payments Program F. Privacy Privacy Act of 1974, 5 U S C 552(a) Washington State Laws and Regulations ■ Affirmative action, RCW 41 06 020 (11) ■ Boards of directors or officers of non-profit corporations —Liability- Limitations, RCW 4 24 264 ■ Disclosure-campaign finances-lobbying, Chapter 42 17 RCW ■ Discrimination-human rights commission, Chapter 49 60 RCW. ■ Ethics in public service, Chapter 42 52 RCW ■ Office of Minority and Women's Business Enterprises, Chapter 39 19 RCW and Chapter 326- 02 WAC ■ Open public meetings act, Chapter 42 30 RCW ■ Public records act, Chapter 42 56 RCW ■ State budgeting, accounting, and reporting system, Chapter 43 88 RCW 11. COPYRIGHT PROVISIONS Unless otherwise provided, all Materials produced under this Agreement shall be considered "works for hire" as defined by the U S Copyright Act and shall be owned by SPD SPD shall be considered the author of such Materials In the event the Materials are not considered "works for hire" under the U S Copyright laws, the Contractor hereby irrevocably assigns all right, title, and interest in all Materials, including all intellectual property rights, and rights of publicity to SPD effective from the moment of creation of such Materials "Materials" means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions "Ownership" includes the right to copyright, patent, register and the ability to transfer these rights 8 GENERAL TERMS AND CONDITIONS For Materials that are delivered under the Agreement, but that incorporate pre-existing materials not produced under the Agreement, the Contractor hereby grants to SPD a nonexclusive, royalty-free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display The Contractor warrants and represents that the Contractor has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to SPD The Contractor shall exert all reasonable effort to advise SPD, at the time of delivery of Materials furnished under this Agreement, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Agreement The Contractor shall provide SPD with prompt written notice of each notice or claim of infringement received by the Contractor with respect to any Materials delivered under this Agreement SPD shall have the right to modify or remove any restrictive markings placed upon the Materials by the Contractor 12. DISALLOWED COSTS The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its subcontractors, as applicable 13. DISPUTES Except as otherwise provided in this Agreement, when a dispute arises between the parties and it cannot be resolved by direct negotiation, either party may request a dispute hearing with SPD's Chief of Police, who may designate a third party arbitrator/mediator to decide the dispute The request for a dispute hearing must ■ Be in writing, ■ State the disputed issues, ■ State the relative positions of the parties, ■ State the Contractor's name, address, and Agreement title, and ■ Be mailed to the Chief of Police and the other party's Agreement Representative within three (3) working days after the parties agree that they cannot resolve the dispute The Agreement Representative shall send a written answer to the requestor's statement to both the Chief of Police or the Chief's designee and the requester within five (5) working days The Chief of Police or designee shall review the written statements and reply in writing to both parties within ten (10) working days The Chief of Police or designee may extend this period if necessary by notifying the parties The decision shall not be admissible in any succeeding judicial or quasi-judicial proceeding The parties further agree that this dispute process shall precede any action in a judicial or quasi- judicial tribunal Nothing in this Agreement shall be construed to limit the parties' choice of a mutually acceptable alternate dispute resolution (ADR) method in addition to the dispute hearing procedure outlined above 14. DUPLICATE PAYMENT The Contractor certifies that work to be performed under this Agreement does not duplicate any work to be charged against any other Agreement, or other source 15. EQUAL OPPORTUNITY TREATMENT FOR FAITH BASED ORGANIZATIONS The Contractor agrees to comply with the applicable requirements of 28 CFR Part 38, the Department of Justice regulation 9 GENERAL TERMS AND CONDITIONS 16. ETHICSICONFLICTS OF INTEREST In performing under this Agreement, the Contractor shall assure compliance with the Ethics in Public Service Act (Chapter 42 52 RCW) and any other applicable city, state or federal law related to ethics or conflicts of interest 17. GOVERNING LAW AND VENUE This Agreement shall be construed and interpreted in accordance with the laws of the state of Washington and the City of Seattle, and the venue of any action brought hereunder shall be in the Superior Court for King County, Washington 18. INDEMNIFICATION To the fullest extent permitted by law, the Contractor shall indemnify, defend, and hold harmless the City of Seattle, SPD, all other agencies of the City and all officers, agents and employees of the City, from and against all claims or damages for injuries to persons or property or death arising out of or incident to the performance or failure to perform the work under this Agreement The Contractor's obligation to indemnify, defend, and hold harmless includes any claim by the Contractor's agents, employees, representatives, or any subcontractor or its agents, employees, or representatives The Contractor's obligation to indemnify, defend, and hold harmless shall not be eliminated or reduced by any actual or alleged concurrent negligence of the City or its agents, agencies, employees and officers Subcontracts shall include a comprehensive indemnification clause holding harmless the Contractor, SPD, the City of Seattle, its officers, employees and authorized agents The Contractor waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend and hold harmless the City and its agencies, officers, agents or employees and the parties agree that this waiver has been the subject of mutual negotiation 19. INDEPENDENT CAPACITY OF THE CONTRACTOR The parties intend that an independent contractor relationship will be created by this Agreement The Contractor and its employees or agents performing under this Agreement are not employees or agents of the City of Seattle or SPD The Contractor will not hold itself out as or claim to be an officer or employee of SPD or of the City of Seattle by reason hereof, nor will the Contractor make any claim of right, privilege or benefit which would accrue to such officer or employee under law Conduct and control of the work will be solely with the Contractor 20. INDUSTRIAL INSURANCE COVERAGE The Contractor shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance If the Contractor fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees as may be required by law, SPD may collect from the Contractor the full amount payable to an account fund designated by SPD SPD may deduct the amount owed by the Contractor to the said fund from the amount payable to the Contractor by SPD under this Agreement, and transmit the deducted amount to the Department of Labor and Industries, (L&I) Division of Insurance Services This provision does not waive any of L& I's rights to collect from the Contractor 21. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS During the performance of this Agreement, the Contractor shall comply with all federal, state, and local nondiscrimination laws, regulations and policies In the event of the Contractor's non-compliance R or refusal to comply with any nondiscrimination law, regulation or policy, this Agreement may be rescinded, canceled or terminated in whole or in part, and the Contractor may be declared ineligible for further contracts Grants with the City in accordance with the City's debarment procedures The Contractor shall, however, be given a reasonable time in which to cure this noncompliance Any dispute may be resolved in accordance with the "Disputes" procedure set forth herein 10 GENERAL TERMS AND CONDITIONS 22. POLITICAL ACTIVITIES Political activity of Contractor employees and officers are limited by the State Campaign Finances and Lobbying provisions of Chapter 42 17 RCW and the Federal Hatch Act, 5 USC 1501 - 1508 No funds may be used under this Agreement for working for or against ballot measures or for or against the candidacy of any person for public office 23. PROCUREMENT STANDARDS FOR FEDERALLY FUNDED PROGRAMS A Contractor which is a local government or Indian Tribal government must establish procurement policies and procedures in accordance with OMB Circulars A-102, Uniform Administrative Requirements for Grants in Aid for State and Local Governments, for all purchases funded by this Agreement A Contractor which is a nonprofit organization shall establish procurement policies in accordance with OMB Circular A-110, Uniform Administrative Requirements for Grants and Agreements with Nonprofit Agencies, for all purchases funded by this Agreement The Contractor's procurement system shall include at least the following A. A code or standard of conduct that shall govern the performance of its officers, employees, or agents engaged in the awarding of sub contracts using federal funds B. Procedures that ensure all procurement transactions shall be conducted in a manner to provide, to the maximum extent practical, open and free competition C. Minimum procedural requirements, as follows 1) Follow a procedure to assure the avoidance of purchasing unnecessary or duplicative items 2) Solicitations shall be based upon a clear and accurate description of the technical requirements of the procured items 3) Positive outreach efforts shall be made to encourage the use of small, women and minority- owned businesses 4) The type of procuring instrument(fixed price, cost reimbursement) shall be determined by the Contractor, but must be appropriate for the particular procurement and for promoting the best interest of the program involved 5) Subcontracts shall be made only with qualified subcontractors who possess the potential ability to perform successfully under the terms and conditions of the proposed procurement 6) Some form of price or cost analysis shall be performed in connection with every procurement action 7) Procurement records and files for purchases shall include all of the following a Contractor's selection or rejection b The basis for the cost or price c. Justification for lack of competitive bids if offers are not obtained. 8) A system for contract administration to ensure Contractor conformance with terms, conditions and specifications of this Agreement, and to ensure adequate and timely follow-up of all purchases D. Contractor and Subcontractors, if applicable, must receive prior approval from SPD for using funds from this Agreement to enter into a sole source contract or a contract where only one bid or proposal is received when value of this contract is expected to exceed $5,000 Prior approval requests shall include a copy of proposed contracts and any related procurement documents and justification for non-competitive procurement, if applicable 11 GENERAL TERMS AND CONDITIONS 24. PUBLICITY The Contractor agrees not to publish or use any advertising or publicity materials in which the City of Seattle or SPD's name is mentioned, or language used from which the connection with the City of Seattle or SPD's name may reasonably be inferred or implied, without the prior written consent of SPD 25. RECAPTURE In the event that the Contractor fails to perform this Agreement in accordance with local laws, state laws, federal laws, and/or the provisions of this Agreement, SPD reserves the right to recapture funds in an amount to compensate SPD for the noncompliance in addition to any other remedies available at law or in equity Repayment by the Contractor of funds under this recapture provision shall occur within the time period specified by SPD In the alternative, SPD may recapture such funds from payments due under this Agreement or due under other agreement the Contractor may have with the City of Seattle 26. RECORDS MAINTENANCE The Contractor shall maintain all books, records, documents, data and other evidence relating to this Agreement and performance of the services described herein, including but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement Contractor shall retain such records for a period of six years following the date of final payment If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been finally resolved 27. RIGHT OF INSPECTION At no additional cost all records relating to the Contractors performance under this Agreement shall be subject at all reasonable times to inspection, review, and audit by SPD, the Office of the State Auditor, the City of Seattle's Auditor, federal auditor and City, federal and state officials so authorized by law, in order to monitor and evaluate performance, compliance, and quality assurance under this Agreement The Contractor shall provide access to its facilities for this purpose 28. SAVINGS In the event funding from federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement and prior to normal completion, SPD may terminate the Agreement under the "Termination for Convenience" clause, without the ten business day notice requirement In lieu of termination, the Agreement maybe amended to reflect the new funding limitations and conditions 29. SUBCONTRACTING The Contractor may only subcontract work contemplated under this Agreement if it obtains the prior written approval of SPD If SPD approves subcontracting, the Contractor shall mamtam written procedures related to subcontracting, as well as copies of all subcontracts and records related to subcontracts For cause, SPD in writing may (a) require the Contractor to amend its subcontracting procedures as they relate to this Agreement, (b) prohibit the Contractor from subcontracting with a particular person or entity, or (c) require the Contractor to rescind or amend a subcontract Every subcontract shall bind the subcontractor to follow all applicable terms of this Agreement The Contractor is responsible to SPD if the subcontractor fads to comply with any applicable term or condition of this Agreement The Contractor shall appropriately monitor the activities of the subcontractor to assure compliance with requirements of this Agreement In no event shall the 12 GENERAL TERMS AND CONDITIONS existence of a subcontract operate to release or reduce the liability of the Contractor to SPD for any breach in the performance of the Contractor's duties Every subcontract shall include a term that SPD and the City of Seattle are not liable for claims or damages arising from a subcontractor's performance of the subcontract 30. TERMINATION FOR CAUSE/SUSPENSION In the event SPD determines that the Contractor faded to comply with any term or condition of this Agreement, SPD may terminate the Agreement in whole or in part upon written notice to the Contractor Such termination shall be deemed "for cause " Termination shall take effect on the date specified in the notice In the alternative, SPD upon written notice may allow the Contractor a specific period of time in which to correct the non-compliance During the corrective-action time period, SPD may suspend further payment to the Contractor in whole or in part, or may restrict the Contractor's right to perform duties under this Agreement Failure by the Contractor to take timely corrective action shall allow SPD to terminate the Agreement upon written notice to the Contractor "Termination for Cause" shall be deemed a "Termination for Convenience"when SPD determines that the Contractor did not fail to comply with the terms of the Agreement or when SPD determines the failure was not caused by the Contractor's actions or negligence If the Agreement is terminated for cause, the Contractor shall be liable for damages as authorized by law, including, but not limited to, any cost difference between the original Agreement and the replacement Agreement, as well as all costs associated with entering into the replacement Agreement(i e , competitive bidding, mailing, advertising, and staff time) 31. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Agreement SPD may, by ten (10) business days written notice, beginning on the second day after the mailing, terminate this Agreement, in whole or in part If this Agreement is so terminated, the City shall be liable only for payment required under the terms of this Agreement for services rendered or goods delivered prior to the effective date of termination 32. TERMINATION PROCEDURES After receipt of a notice of termination, except as otherwise directed by SPD, the Contractor shall A. Stop work under the Agreement on the date, and to the extent specified, in the notice, B. Place no further orders or subcontracts for materials, services, or facilities related to the Agreement, and C. Preserve and transfer any materials, Agreement deliverables and/or SPD property in the Contractor's possession as directed by SPD Upon termination of the Agreement, SPD shall pay the Contractor for any satisfactory service provided by the Contractor under the Agreement prior to the date of termination SPD may withhold any amount due as SPD determines is necessary to protect SPD against potential loss or liability resulting from the termination The City shall pay any withheld amount to the Contractor if SPD later determines that loss or liability will not occur The rights and remedies of SPD under this section are in addition to any other rights and remedies provided under this Agreement or otherwise provided under law 13 Exhibit A SPECIAL ADDITIONAL PROVISIONS Non-supplanting of State and Local Funds (if applicable -- consult the program solicitation and the special conditions in the award document) Grantees or Contractors, as applicable, must use federal funds to supplement existing State and local funds for program activities and must not replace (supplant) State or local funds that they have appropriated or allocated for the same purpose. Potential supplanting will be the subject of monitoring and audit Violations may result in a range of penalties, including suspension of current and future funds under this program, suspension or debarment from federal grants, recoupment of monies provided under a grant, and civil and/or criminal penalties. For additional guidance regarding supplanting, refer to the information provided at http //www olp usdol gov/financialquide/part2/part2chap3 htm. MATCH REQUIREMENT Federal funds awarded under this program do not require match with local funds Grant program regulations require that all grant funds are subject to the provisions of the JAG Program Policy and Procedures Manual published by the Department of Commerce Supplanting of funds is prohibited. ALLOWABLE COSTS Allowable uses of federal grant funds include, but are not limited to, the following • General salaries and personnel costs as reflected in the application and approved contract • Equipment and services supporting the project as reflected in the application and approved contract • Travel, training, and per diem at standard rates for activities supportive of the operation of the project • Expenditures for the purchase of evidence and information in accordance with the application and approved contract Unallowable uses of federal grant funds include, but are not limited to, the following • Construction • Procurement of vehicles except as specified in the application. • Procurement of land • Contingency funds • Automatic and other military-class weapons • Victims' compensation • Direct reimbursement of victim or witness expenses • Payment of fines or legal penalties • Payment of rewards 14 Exhibit B Scope of Work The scope of work for this Agreement shall be all actions necessary or incidental to the implementation of the project in furtherance of the City's Grant funding obligations supporting the activities described in this Agreement, presented in two parts Regional Work Group and Agency-specific. General Proiect Narrative (Regional Gang Work Group) Beginning in February 2008 the Seattle Police Department began a unique and, to date, very successful collaboration with law enforcement agencies throughout South King County to address the ever increasing rise in gang violence Part of this effort was funded through an earlier grant through the Washington Association of Sheriffs and Police Chiefs (WSPC) that provided overtime money for law enforcement agencies to conduct joint emphasis operations This has proven to be an outstanding mechanism for augmenting the efforts of the SPD Gang Unit in addressing the cross-jurisdictional issues that have made interdicting in gang violence so difficult In addition, the group continues to meet regularly to share information, providing leads on individual cases and gang members which has led to quicker apprehension and stronger criminal cases being presented to the Prosecutors Office and opening avenues for Federal Prosecution. Funds from this funding opportunity would build on the success of the coordinated effort The Seattle Police Department (SPD) is proposing conducting emphasis patrols focusing on gang related activity occurring in Seattle and surrounding area working in collaboration with the following law enforcement partner agencies Auburn, Federal Way, Des Moines, Kent, Tukwila, and Renton The funding from the grant would include overtime funds to be shared with regional partners (consistent with the OT Budget included in Form 3) to address gang related crimes in areas that have been known to draw gang activity, including Alki Beach, Rainier and Henderson, Belltown and public parks and community festivals The potential for truly innocent victims to be caught in the crossfire of the dangerous criminal activity that occurs when gang members choose these areas to play out their rivalries and "pay backs" is very high Included in this approach is funding for one Gang Unit Detective in the Burien Police Department One of the major successes of the previous grant, as indicated earlier, was the relationship and information sharing that has occurred between regional police departments Key to this is the work of Detective Gagliardi, who has become an expert in gang activity and affiliations, (especially Latino gangs) in the region With the budget shortfalls the County is facing, there is a very real possibility that the position he currently occupies may be eliminated Regional Work Group Mission To interdict gang violence by proactive enforcement measures as well as follow-up investigations, meeting regularly with regional partners to share information, provide leads on individual cases and gang members to accomplish quicker apprehension and stronger criminal cases for presentation to the Prosecutors Office, as well open avenues for increasing Federal Prosecution. Regional Work Group Goals & Objectives 1 ) Increase the number of Gang Emphasis Patrols supported by overtime, including joint emphasis patrols where possible, 2.) Increase the number of overtime hours used for proactive gang-related enforcement, interdiction, and investigation 15 Exhibit B 3 ) Reduce overall gang and youth violence activity through cooperative and collaborative measures with participating jurisdictions, 4 ) Participate in collecting and disseminating regional information on gang/violent youth members and investigations, and 5 ) Participate in the strategic planning and execution of gang/youth violence emphasis enforcement throughout King County. Regional Work Group Expected Outcomes 1 ) Reduction in overall gang and youth violence activity through cooperative and collaborative measures with participating jurisdictions; 2 ) Increased efficiency in the collection and dissemination of regional information on gang/violent youth members and investigations, 3 ) Increased collaboration in the strategic planning and execution of gang/youth violence emphasis enforcement throughout King County, 4 ) Increased effectiveness in stronger gang violence case referral to the Prosecutor's Office, as well as enhancing avenues leading to federal prosecution, and 5 ) Decrease in the gang related crime rate Description of Data Supporting Outcomes 1) Number of Joint Emphasis Patrols or Gang Unit Operations supported by overtime 2) Number and type of gang related crimes 3) Number and type of gang related arrests 4) Number of gang related investigative reports involving weapons 5) Decrease in gang related crime rate 6) Number of gang members or affiliates contacted Performance Measure/Measurable Activities 1 ) Increase Emphasis Patrol overtime by 136 hours per month for 12 months; 2 ) Increase the capacity for more complex and multi-jurisdictional investigations of gang related crimes, 3 ) Increase the number and type of gang related arrests; 4 ) Increase the number of gang related investigative reports involving weapons, and 5.)Accomplish stronger gang violence case referral to the Prosecutor's Office, as well as enhance avenues leading to federal prosecution Agency-specific Description of Services Under the direction of SPD's Gang Lieutenant, who will function as the Coordinator of the Special Gang Enforcement Work Group, SPD officers along with Kent Police Department (KPD) officers will implement a coordinated approach to reducing crime and related activities perpetrated by identified criminal gangs in hot spot emphasis areas SPD will utilize Edward Byrne Memorial Justice Assistance Grant (JAG) Program funds provided State Department of Commerce to reimburse KPD to work on a pre-approved overtime basis under the coordination of SPD's Gang Unit Lieutenant, to conduct pro-active and follow-up investigations in identified hot spot areas In order to be reimbursable, SPD's Gang Lieutenant must approve overtime worked by KPD police personnel in advance Operational Standards KPD agrees to participate in the Special Gang Enforcement Work Group and attend monthly planning meetings of the group, and as necessary KPD agrees to attend court proceedings relating to cases that arise from working on the Special Gang Enforcement Work Group at the employing jurisdiction's expense 16 Exhibit B KPD agrees that informants are managed by the jurisdiction that the investigation arises out of To ensure timely quarterly statistical reporting to the Department of Commerce, KPD agrees to maintain accurate records pertaining to gang contacts, investigations and arrests that will be collected and forwarded not less than monthly to Acting Lt Steve Jandoc, Seattle Police Department, P O Box 34986, Seattle, WA 98124-4986 (A Gang-Crime Data Reporting Form is included as Exhibit C-Attachment 1 to this Agreement ) KPD also agrees to report progress toward completion of the following Outcome Performance Measures data on a monthly basis to Acting Lt Steve Jandoc, Seattle Police Department, and P O BOX 34986, Seattle, WA 98124-4986 Progress reports for the last month of each quarter shall be submitted by the 25th day of the calendar month Reporting forms shall be provided by the Department of Commerce via SPD Reimbursement Overtime expenses Each request for overtime reimbursement under this agreement shall be submitted using the overtime reporting line on the A-19 Form, and shall include the name, rank, overtime compensation rate, number of reimbursable hours claimed and dates of those hours for each officer for whom reimbursement is sought Each reimbursement request must be accompanied by a certification signed by an appropriate supervisor within the KPD that the request has been personally reviewed, that the information described in this paragraph is accurate, and the personnel for whom reimbursement is claimed were working on an overtime basis with the Special Gang Enforcement Work Group Overtime reimbursement for KPD personnel assigned to the Special Enforcement Work Group will be calculated at the usual rate for which the individual sworn officer's time would be compensated in the absence of this agreement, excluding FICA and retirement benefits Requests for reimbursements related to overtime expenses shall be submitted using the A-19 Form (Attachment 2), and shall be forwarded to SPD by the 251" of each calendar month. Such requests should be forwarded by KPD's Special Investigations Unit Lieutenant, or as appropriate, to SPD's Gang Lieutenant Acting Lt Steve Jandoc, Seattle Police Department, and P O Box 34986, Seattle, WA 98124-4986 for his review, approval and submission to the Department's Fiscal Section for payment processing The maximum amount to be paid under this section of the agreement shall not exceed five thousand (5,000 00) Dollars This amount may be renewed when exhausted, or modified as necessary, at the discretion of the SPD Gang Lieutenant 17 Exhibit C Budget The budget for this Agreement shall be the amount specified in Block 5 of this Agreement's Face Sheet BUDGET The budget for this contract is as follows, Category of Expense Amount Overtime $ 5,000 $ $ 5,000 The CONTRACTOR may not shift funds governed by this Agreement between categories of expense without the express written consent of SPD In addition, in the event that such consent is requested and granted, the shift shall not constitute a significant change of scope to the work performed 18 Exhibit C Attachment 1 Gang-Crime Data Reporting Form Special Gang Enforcement Targeting Gang Crime 1. Number of arrests related to Gang Crime: Comments• 2. Number of gang investigations/arrests involving a drug trafficking organization (DTO): Comments. 3. Number of overtime hours spent on gang-related activity: Comments: 4. Number of officer field contacts made: Comments: 5. Number of gang members and gang affiliates contacted: Comments: 6. Number of gang related crimes in jurisdiction: Comments 7. Number of gang related arrests in jurisdiction: Comments: S. Number of gang related investigative reports involving weapons: Comments: 19