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PD16-236 - Other - City of Seattle - 2015 Justice Assistance Grant (JAG) - 06/10/2016
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VendorName: City of Seattle Vendor umber: 252472 JD Edwards Number Contract Number: - This is assigned by City Clerk's Office Project Name: 2015 Justice Assistance Grant (JAG) Description: x Interl©cal .Agreement ❑ Change Order El Amendment 0 Contract Other: Contract Effective late: Termination Date: N/A Contract Renewal Notice (gays): W Number of days required notice for termination or renewal or amendment Contract Manager: Sara Wood Department: Police Contract Amount: $45,796 Approval Authority: 0 [department Director Mayor ❑ City Council' Detail: (i.e. address, location, parcel number, tax id, etc.): 2015 JAG funding for various police department projects. As of: 08/27/14 Interagency Agreement Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2015 Local Solicitation Executed by City of Seattle Department Authorized Representative: Diane Pilon 610 51h Avenue PO Box 34986 Seattle,WA 98124-4986 and City of Kent,hereinafter referred to as "Recipient" Grant Manager: Sara Wood 220 4th Ave. S Kent,WA 98032 IN WITNESS WHEREOF,the parties have executed this Agreement by having their representatives affix their signatures below. City of Kent Seattle Police Department Su7! aIoo e, ayor Brian Maxey, Chief Operating Officer Date: Authorized by: Grant Program: Edward Byrne Memorial Justice Assistance Grant(JAG)Program WHEREAS,the Justice Assistance Grant(JAG) Program is the primary provider of federal criminal justice funding to state and local jurisdictions; and WHEREAS,the JAG Program supports all components of the criminal justice system, from multi-jurisdictional drug and gang task forces to crime prevention and domestic violence programs,courts,corrections,treatment,and justice information sharing initiatives; and WHEREAS,the United States Congress authorized $604,936 in the Justice Assistance Grant (JAG) Program for jurisdictions in King County; and WHEREAS, 10 jurisdictions in King County were required to apply for a JAG Program award with a single,joint application; and WHEREAS,the City,as the identified Fiscal Agent, submitted the joint application to the Bureau of Justice Assistance on June 26, 2015 to request JAG Program funds; and WHEREAS,based on the City's successful application,the Bureau of Justice Assistance has awarded $604,936 to the City from these JAG Program funds; and WHEREAS,pursuant to the terms of the grant whereby the City,as the identified Fiscal Agent for this award,is to distribute grant funds to co-applicants,the City intends to transfer some of the JAG funds it receives to those co-applicants; and WHEREAS,the City is not obligated to continue or maintain grant funding levels for the JAG Program once grant funds have lapsed; and WHEREAS,recipients of JAG funds from the City should not anticipate the City will assume responsibility for any program costs funded by JAG once JAG funds are spent; NOW THEREFORE,the parties hereto agree as follows: This Interagency Agreement contains six Articles: ARTICLE I: TERM OF AGREEMENT: The term of this Interagency Agreement shall be in effect from the date it is executed by the SPD Chief of Police,or designee,until September 30,2018 unless terminated earlier pursuant to the provisions hereof. ARTICLE II: DESCRIPTION OF SERVICES The services to be performed under this Agreement shall be conducted for the stated purposes of the Byrne Memorial Justice Assistance Grant(JAG) Program (42 U.S.C. 3751(a.) The Edward Byrne Memorial Justice Assistance Grant(JAG) Program is the primary provider of federal criminal justice funding to state and local jurisdictions.JAG funds support all components of the criminal justice system,from multijurisdictional drug and gang task forces to crime prevention and domestic violence programs,courts,corrections, treatment,and justice information sharing initiatives.JAG funded projects may address crime through the provision of services directly to individuals and/or communities and by improving the effectiveness and efficiency of criminal justice systems, processes, and procedures. ARTICLE III: SPECIAL CONDITIONS • Funds are provided by the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance solely for the purpose of furthering the stated objectives of the Edward Byrne Memorial Justice Assistance Grant(JAG) Program. The Recipient shall use the funds to perform tasks as described in the Scope of Work portion of this Agreement. • The Recipient acknowledges that because this Agreement involves federal funding, the period of performance described herein will likely begin prior to the availability of appropriated federal funds.The Recipient agrees that it will not hold the Seattle Police Department,the City of Seattle, or the Department of Justice liable for any damages, claim for reimbursement, or any type of payment whatsoever for services performed under this Agreement prior to the distribution and availability of federal funds. • The Recipient shall comply with all conditions and limitations set forth in the FY 2015 Justice Assistance Grant Program Award# 2015-DJ-BX-OS52. The FY 2015 Justice Assistance Grant Program Award Report#: 2015-DJ-BX-0552 is attached to and made part of this agreement, as Attachment A.Allocation and use of grant funding must be in accordance with all special conditions included in the Award Report.All Recipients are assumed to have read, understood, and accepted the Award Report as binding. • The Recipient acknowledges that all allocations and use of funds under this agreement will be in accordance with the Edward Byrne Memorial Justice Assistance Grant(JAG) Formula Program: Local Solicitation.Allocation and use of grant funding must be coordinated with the goals and objectives included in the Local Solicitation.All Recipients are assumed to have read, understood,and accepted the Local Solicitation as binding. • Recipient agrees to obtain a valid DUNS profile and create an active registration with the Central Contractor Registration (CCR) database no later than the due date of the Recipient's first quarterly report after a subaward is made. • The Recipient shall comply with all applicable laws,regulations,and program guidance. A non-exhaustive list of regulations commonly applicable to BJA grants are listed below, including the guidance: (A) Administrative Requirements: OMB Circular A-102,State and Local Governments (10/7/94, amended 8/29/07) (44CFR Part 13) (B) Cost Principles: OMB Circular A-87, State and Local Governments (5/10/04) (C) Audit Requirements: OMC Circular A-133,Audits of State,Local Governments,and Non-Profit Organizations (6/24/97,includes revisions in the Federal Register 6/27/03) (D) The Recipient must comply with the most recent version of the Administrative Requirements, Cost Principals,and Audit Requirements. 1) Non-Federal entities that expend$500,000 or more in one fiscal year in Federal awards shall have a single or program-specific audit conducted for that year in accordance with the Office of Management and Budget (OMB) Circular A-133-Audits of States, Local Governments,and non- Profit Organizations. Non-federal entities that spend less than $500,000 a year in federal awards are exempt from federal audit requirements for that year,except as noted in Circular No.A-133,but records must be available for review or audit by appropriate officials of the Federal agency, pass-through entity, and General Accounting Office (GAO). 2) Recipients required to have an audit must ensure the audit is performed in accordance with Generally Accepted Auditing Standards (GAAS),as found in the Government Auditing Standards (the Revised Yellow Book) developed by the Comptroller General and the OMB Compliance Supplement. The Recipient has the responsibility of notifying the Washington State Auditor's Office and requesting an audit. 3) The Recipient shall maintain auditable records and accounts so as to facilitate the audit requirement and shall ensure that any sub-recipients also maintain auditable records. 4) The Recipient is responsible for any audit exceptions incurred by its own organization or that of its subcontractors. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report submitted to the Seattle Police Department.The Recipient must respond to requests for information or corrective action concerning audit issues or findings within 30 days of the date of request.The City reserves the right to recover from the Recipient all disallowed costs resulting from the audit. 5) If applicable, once any single audit has been completed,the Recipient must send a full copy of the audit to the City and a letter stating there were no findings, or if there were findings,the letter should provide a list of the findings. The Recipient must send the audit and the Ietter no later than nine months after the end of the Recipient's fiscal year(s) to: Diane Pilon,JAG Program Manager Seattle Police Department 610 5th Avenue PO Box 34986 Seattle,WA 98124-4986 206-386-1996 6) In addition to sending a copy of the audit,the Recipient must include a corrective action plan for any audit findings and a copy of the management letter if one was received. 7) The Recipient shall include the above audit requirements in any subcontracts. o The Recipient agrees to cooperate with any assessments,national evaluation efforts, or information or data collection requirements,including,but not limited to,the provision of any information required for assessment or evaluation of activities within this agreement,and for compliance BJA reporting requirements. • When implementing funded activities,the Recipient must comply with all applicable federal,state,tribal government,and local laws,regulations,and policies.The Recipient is entirely responsible for determining the Recipient's compliance with applicable laws,regulations and policies,which include,but are not limited to: (A) City of Seattle regulations including,but not limited to: (1) Equal Benefits Program Rules (SMC Ch.20.45:http://cityofseattle.net/contract/equalbenefits/) (2) Women and Minority Owned Affirmative Effort: If a Recipient intends to subcontract out any part of a contract instead of performing the work itself, then the following requirement applies: Consultant shall use affirmative efforts to promote and encourage participation by women and minority businesses on subcontracting opportunities within the contract scope of work. Consultant agrees to make such efforts as a condition of this Agreement. a. Outreach efforts may include the use of solicitation lists,advertisements in publications directed to minority communities,breaking down total requirements into smaller tasks or quantities where economically feasible,making other useful schedule or requirements modifications that are likely to assist small or WMBE businesses to compete,targeted recruitment efforts,and using the services of available minority community and public organizations to perform outreach. b. Record-Keeping: The Consultant shall maintain, for at least 24 months after the expiration or earlier termination of this Agreement,relevant records and information necessary to document all Consultant solicitations to subconsultants and suppliers,all subconsultant and supplier proposals received,and all subconsultants and suppliers actually utilized under this Agreement. The City shall have the right to inspect and copy such records. (3) Licenses and Similar Authorizations: The Consultant,at no expense to the City,shall secure and maintain in full force and effect during the term of this Agreement all required licenses,permits,and similar legal authorizations, and comply with all requirements thereof. (4) Use of Recycled Content Paper: Whenever practicable, Consultant shall use reusable products including recycled content paper on all documents submitted to the City. Consultant is to duplex all documents that are prepared for the City under this Contract,whether such materials are printed or copied, except when impracticable to do so due to the nature of the product being produced. Consultants are to use 100% post-consumer recycled content, chlorine-free paper in any documents that are produced for the City, whenever practicable, and to use other paper-saving and recycling measures in performance of the contract with and for the City. (5) Americans with Disabilities Act: The Consultant shall comply with all applicable provisions of the Americans with Disabilities Act of 1990 as amended (ADA) in performing its obligations under this Agreement. Failure to comply with the provisions of the ADA shall be a material breach of,and grounds for the immediate termination of,this Agreement. (6) Fair Contracting Practices Ordinance: The Consultant shall comply with the Fair Contracting Practices Ordinance of The City of Seattle (Chapter 14.10 SMC),as amended. (7) Suspension and Debarment: The Recipient certifies that neither it nor its principals are presently debarred,suspended,proposed for debarment, declared ineligible,or voluntarily excluded from participating in transactions by any Federal department or agency. By signing and submitting this Agreement,the Recipient is providing the signed certification set out below. The certification this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the Recipient rendered an erroneous certification, the Federal Government and City may pursue available remedies, including termination and/or debarment. The Recipient shall provide immediate written notice to the City if at any time the Recipient learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The Recipient agrees by signing this Agreement that it shall not enter into any covered transaction with a person or subcontractor who is debarred, suspended,proposed for debarment, declared ineligible,or voluntarily excluded from participation in this covered transaction,unless authorized in writing by the City. The Recipient shall include the requirement in this section in any subcontracts. (8) In the event of the Recipient's or subcontractor's noncompliance or refusal to comply with any applicable law,regulation or policy,the City may rescind, cancel, or terminate the Agreement in whole or in part. The Recipient is responsible for any and all costs or liability arising from the Recipient's failure to comply with applicable law,regulation, or policy. ARTICLE IV: SCOPE OF WORK The Scope of Work of this Agreement and the time schedule for completion of such work is as described in Attachment B:JAG Budget Worksheet,as approved by BJA.Attachment B is attached to and made part of this agreement. The work shall,at all times,be subject to the City's general review and approval.The Recipient shall confer with the City periodically during the progress of the Work, and shall prepare and present such information and materials (e.g.a detailed outline of completed work) as may be pertinent, necessary, or requested by the City or BJA to determine the adequacy of the Work or Recipient's progress. ARTICLE V: PAYMENT (A) Compensation The Recipient shall be reimbursed on an actual cost basis. Total compensation under this Agreement is$45,796. The Recipient shall incur authorized allowable expenses in accordance with the Project Budget,as detailed in Attachment B. The Recipient may request additional reimbursement up to the amount of interest accrued on their portion of the grant award.The City will provide quarterly statements to the Recipient, once the interest balance accrued equals at least$1,000. Reimbursements will not be made for interest accrued that is less than$1,000. Reimbursements can be requested,up to the total amount of interest accrued,after the initial quarterly statement has been sent,to perform tasks in accordance with the Project Budget,as detailed in Attachment B. The Recipient shall submit invoices not more than monthly, and at least quarterly.After the first quarter,monthly submission is preferred. Invoices are due no later than 30 days after the end of the period in which the work was performed. No travel or subsistence costs,including lodging and meals,reimbursed with federal funds may exceed federal maximum rates,which can be found at: http://www.gsa.gov. (B) Manner of Payment The Recipient shall submit reimbursement requests not more than monthly,and at least quarterly.After the first quarter,monthly submission is preferred. Requests are due no later than 30 days after the end of the period in which the work was performed. Reimbursement request forms are provided. Substitute forms are acceptable. With each reimbursement request,the Recipient shall submit: ■ Detailed spreadsheet of expenditures by task and related financial documents (timesheets,invoices) ■ Project status report ■ These documents and invoices must be kept on file by the Recipient and be made available upon request by the City or to state or federal auditors Reimbursement will not be processed without accompanying documentation for the corresponding time period. Once the above conditions are met,payment shall be made by the City to the Recipient. Submit invoicing and documentation to: Diane Pilon,JAG Program Manager Seattle Police Department 610 5th Avenue PO Box 34986 Seattle,WA 98124-4986 206-386-1996 ARTICLE VI: AMENDMENTS No modification or amendment of the provisions hereof shall be effective unless in writing and signed by authorized representatives of the parties hereto.The parties hereto expressly reserve the right to modify this Agreement,by mutual agreement. REQUEST FOR MAYORS SIGNATURE Please Fill in All Applicable Boxes KENT Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Sri orator Sara Wood phone .(0i igii - -iator): ext. 5856 Date Sent: June 2, 2016 Date Req 4ired: June 9, 2016 Return Siqned Document to: Sara Wood CONTRACT TERMINATION DATE: N/A VENDOR NAME: Department of Justice DATE OF COUNCIL APPROVAL: via City of Seattle Brief Explanation of Docurnent: Please sign both copies of the interagency agreement for 'the 2015 Justice Assistance Grant (JAG). Funding is available to spend as soon as the agreement is fully signed off by both parties. All Contracts Must Be Routed Through The Law Department f oyo (Ti)is area to be completed by the Law Department) iU j fg b Received: Approval of Law Dept,: Id 2 Law Dept, ConimenLos.' nl Date Forwarded to Mayor: Shaded Areas To Be Completed By Administration Staff Received: Recommendations and Comments: Disposition: Date Returned: