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HomeMy WebLinkAboutGRA2019-033 - Original - Department of Commerce - Multi-Jurisdictional Drug-Gang Task Force Program - 07/01/2019 Agreement Routing Form KEN T For Approvals,Signatures and Records Management WASHINGTON This form combines&replaces the Request for Mayor's Signature and Contract Cover Sheet forms. (Print on pink or cherry colored paper) Originator. )alene King Department: Police El- Date Sent: 7/19/19 Date Required: is o Authorized Director or Designee Date of 7/16/19 3. to Sign: Council C Mayor Approval. Budget Grant? ❑� Yes No Account Number. Type: N/A Vendor Department of Commerce Category: Grant: Non-Real Property Name: = Vendor Sub-Category o Number: Project Multi-)uristictional Drug-Gang Task Force Program Name: 0 c Project Investigation, disruption & prosecution of drug trafficking orgs. and gangs �. Details: c °i Agreement 114,927 Basis for all Amount: Selection of al Contractor: a Start Date: 7/1/2019 Termination Date: 6/30/2020 Notice required prior to `/ Yes 1:1No Contract Number: y� disclosure? ❑ Date Received by City Attorney: Comments: ke 1 Ccc ' 1A 3 C, �+ v7 10 Date Routed to the Mayor's Office: RECEIVED 'vf y Date Routed to the City Clerk's Office: ' `7a-1t all cc Date Sent to Originator: � E 1v y of Kent �( �✓ of the Mayor Visit Documents.KentWA.gov to obt cobip X191 agreements adccW22373_6_19 CITY OF KENT CITY CLERK •t�SAT B 0 �4 k ry'�1889� STATE OF WASHINGTON DEPARTMENT OF COMMERCE 1011 Plum Street SE•PO Box 42525. Olympia, Washington 98504-2525•(360)725-4000 www.commerce.wa.gov September 3, 2019 Rafael Padilla, Chief Kent Police Department 220 4ch Avenue South Kent, Washington 98032 Dear Chief Padilla: Enclosed is a fully executed original of your Justice Assistance Grant Multi-Jurisdictional Drug- Gang Task Force Contract,No. F17-31440-007. This grant is for the period from July 1,2019 through June 30,2020. Also enclosed is a hard copy of your invoice voucher to request reimbursement. I have also emailed an Excel version to you for your convenience. Please submit requests for reimbursement on a monthly,but no less than quarterly, basis so that payments may be made in a timely manner. If you have any questions,please contact me by phone at(360) 725-3030, or by email at bill.i ohnston_,commerce.wa.us. Sincerely, William H. Johnston Program Manager whj:bj Enclosures Aft Department of Commerce qV Grant Agreement with City of Kent through Multi-Jurisdictional Drug-Gang Task Force Program For Investigation, disruption and prosecution of drug trafficking organizations and gangs operating at levels beyond the normal capacity of local law enforcement to adequately pursue. i Start date: July 1, 2019 i i i i SpecialTerms and Conditions...................................................................................................................1 i FaceSheet..........................................................................................................................................1 1. Acknowledgement of Federal Funding. ....................................................................................2 2. Grant Management.............................................................................................................................2 3. Compensation....................................................................................................................................2 4. Billing Procedures and Payment.........................................................................................................2 5. Subcontractor Data Collection.................................................................................................3 6. Insurance ............................................................ . .............................................................................3 7. Notification of findings of Discrimination or Non-Compliance.............................................................4 8. Program Fidelity..................................................................................................................................4 9. Certifications and Assurances.............................................................................................................4 10. Order of Precedence. ........................................................................................................................4 GeneralTerms and Conditions...................................................................................................................5 1. Definitions............................................................................................................................................5 2. Access to Data....................................................................................................................................5 3. Advance Payments Prohibited............................................................................................................5 4. All Writings Contained Herein ..................................................................................................... . ...5 5. Amendments.......................................................................................................................................6 6. Americans With Disabilities Act(ADA)................................................................................................6 7. Assignment..........................................................................................................................................6 8. Attorney's Fees....................................................................................................................................6 9. Audit....................................................................................................................................................6 10. Certification Regarding Debarment, Suspension or Ineligibility and Voluntary Exclusion..................6 11. Confidentiality/Safeguarding of Information........................................................................................7 12. Conflict of Interest...............................................................................................................................8 13. Copyright Provision.............................................................................................................................8 14, Disputes ............................................................................................................................................8 15. Duplicate Payment..............................................................................................................................9 16. Governing Law and Venue..................................................................................................................9 17. Indemnification...................................................................................................................................9 18. Independent Capacity of the Contractor.............................................................................................9 19. Indirect Costs.....................................................................................................................................10 20. Industrial Insurance Coverage..........................................................................................................10 21. Laws..................................................................................................................................................10 22. Licensing,Accreditation and Registration.......................... .........................................................10 23. Limitation of Authority............. ..........................................................................................................10 24. Noncompliance With Nondiscrimination Laws..................................................................................10 25. Pay Equity ..............................................................................................10 26. Political Activities.............................. ..11 ' 27. Procurement Standards for Federally Funded Programs.................................. ...........11 28. Publicity ..........................................................................................................................................12 29. Recapture..........................................................................................................................................12 30. Records Maintenance.......................................................................................................................12 31. Registration With Department of Revenue........................................................................................12 32. Right of Inspection..............................................................................................................12 33. Savings ....................................................................................................... .......12 34, Severability........................................................................................ ...........13 I 35, Site Security......................................................................................................................................13 I 36. Subcontracting..................................................................................................................................13 37. Survival .............................................................................................. ......13 ........................................ 38. Taxes.................................................................................................................................................13 39. Termination for Cause.......................................................................................................................13 40. Termination for Convenience............................................................................................................14 41. Termination Procedures....................................................................................................................14 42. Treatment of Assets..........................................................................................................................14 43. Waiver ........... ................................................................................................................... 15 AttachmentA, Scope of Work.................................................................................................................... 16 AttachmentB, Budget.................................................................................................................................18 i i ! FACE SHEET Contract Number: F17-31440-007 Washington State Department of Commerce Community Services and Housing Division Office of Crime Victim Advocacy Multi-Jurisdictional Drug-Gang Task Force Program 1.Grantee 2.Grantee Doing Business As (optional) City of Kent Kent Police Department Valley Narcotics Enforcement Team 220 4'h Avenue South Kent,WA 98032 3. Grantee Representative 4.COMMERCE Representative Rafael Padilla William Johnston 1011 Plum Street SE Chief Program Manager Olympia,WA 98504-2526 253-856-5878 360-725-3030 rpadilla@kentwa.gov Bill.johnston@commerce.wa.gov 5.Grant Amount 6.Funding Source 7. Start Date 8.End Date $114,927 Federal: ® State: ❑ Other: ❑ N/A: ❑ July 1, 2019 June 30, 2020 9.Federal Funds(as applicable) Federal Agency: CFDA Number: Indirect Rate(if $114,927 Department of Justice 16.738 applicable): Not Applicable 10.Tax ID# 11.SWV# 12. UBI# 13.DUNS# 91-6001254 00000552-00 173000021 020253613 14.Grant Purpose To provide local governments with U.S. Department of Justice, Bureau of Justice Assistance funds for the investigation, disruption and prosecution of drug and gang organizations operating at levels above the normal capacity of local jurisdictions to adequately pursue. COMMERCE, defined as the Department of Commerce, and the Grantee, as defined above, acknowledge and accept the terms of this Grant and attachments and have executed this Grant on the date below to start as of the date and year referenced above. The rights and obligations of both parties to this Grant are governed by this Grant and the following other documents incorporated by reference: Grant Terms and Conditions including Attachment"A" — Statement of Work,Attachment"B"—Budget, and Attachment"C"—Reporting. FOR GRANTEE FOR COMMERCE C. <insert name>, <insert title Diane Klontz, As 4stant Director Date Date APPROVED AS TO FORM ONLY BY ASSISTANT ATTORNEY GENERAL APPROVAL ON FILE 1 F17-31440-007 SPECIAL TERMS AND CONDITIONS 1. ACKNOWLEDGEMENT OF FEDERAL FUNDING Federal Award Date: April 10,2019 l Federal Award Identification Number(FAIN):2017-DJ-BX-0084 Total amount of the federal award: $3,277,891 Awarding official: Diane Klontz(360) 725-4142 i 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 Contract, shall contain the following statements: "This project was supported by Grant No.2017-DJ-BX-0084 awarded by U.S. Department of 1 Justice. Points of view in this document are those of the author and do not necessarily represent the official position or policies of the Department of Justice. Grant funds are administered by the Office of Crime Victims Advocacy,Washington State Department of Commerce." 2. GRANT MANAGEMENT The Representative for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Grant. i The Representative for COMMERCE and their grant information are identified on the Face Sheet of this Grant. The Representative for the Grantee and their contact information are identified on the Face Sheet j of this Grant, I 3. COMPENSATION COMMERCE shall pay an amount not to exceed the amount specified in Block 5 of this Grant's Face Sheet for the performance of all things necessary for or incidental to the performance of work as set forth in the Scope of Work. Grantee's compensation for services rendered shall be based on the following rates or in accordance with the following terms: 4. BILLING PROCEDURES AND PAYMENT COMMERCE will pay Grantee upon acceptance of services provided and receipt of properly completed invoices,which shall be submitted to the Representative for COMMERCE at least quarterly, but not more often than monthly. The invoices shall utilize the invoice form provided by COMMERCE at the time of award execution. The invoice shall include the Grant reference number specified on the upper-right corner of each page of this Grant. Payment shall be considered timely if made by COMMERCE within thirty(30) calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by the Grantee. i COMMERCE may, in its sole discretion, terminate the Grant or withhold payments claimed by the j Grantee for services rendered if the Grantee fails to satisfactorily comply with any term or condition of this Grant. No payments in advance or in anticipation of services or supplies to be provided under this Agreement shall be made by COMMERCE. Duplication of Billed Costs The Grantee shall not bill COMMERCE for services performed under this Agreement, and i COMMERCE shall not pay the Grantee, If the Grantee is entitled to payment or has been or will be paid by any other source, including grants,for that service. i I 2 i i F17-31440-007 SPECIAL TERMS AND CONDITIONS I Disallowed Costs The Grantee is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its subgrants/subcontracts. 5. SUBCONTRACTOR DATA COLLECTION Grantee will submit reports, in a form and format to be provided by Commerce and at intervals as agreed by the parties, regarding work under this Grant performed by subcontractors and the portion of Grant funds expended for work performed by subcontractors, including but not necessarily limited to minority-owned, woman-owned, and veteran-owned business subcontractors. "Subcontractors" shall mean subcontractors of any tier. 6. INSURANCE The Grantee shall provide insurance coverage as set out in this section. The intent of the required insurance is to protect the state should there be any claims, suits,actions, costs, damages or expenses arising from any loss, or negligent or intentional act or omission of the Grantee or Subgrantee/subcontractor,or agents of either, while performing under the terms of this Grant. The insurance required shall be issued by an insurance company authorized to do business within the state of Washington. Except for Professional Liability or Errors and Omissions Insurance,the insurance shall name the state of Washington, its agents, officers, and employees as additional insureds under the insurance policy.All policies shall be primary to any other valid and collectable insurance. The Grantee shall instruct the insurers to give COMMERCE thirty(30)calendar days advance notice of any insurance cancellation, non-renewal or modification. The Grantee shall submit to COMMERCE within fifteen(15)calendar days of the Grant start date, a certificate of insurance which outlines the coverage and limits defined in this insurance section. During the term of the Grant, the Grantee shall submit renewal certificates not less than thirty(30) calendar days prior to expiration of each policy required under this section. The Grantee shall provide insurance coverage that shall be maintained in full force and effect during the term of this Grant, as follows: Commercial General Liability Insurance Policy. Provide a Commercial General Liability Insurance Policy, including contractual liability,written on an occurrence basis, in adequate quantity to protect against legal liability arising out of Grant activity but no less than$1,000,000 per occurrence.Additionally, the Grantee is responsible for ensuring that any Subgrantee/subcontractor provide adequate insurance coverage for the activities arising out of subgrants/subcontracts. Automobile Liability. In the event that performance pursuant to this Grant involves the use of i vehicles, owned or operated by the Grantee or its Subgrantee/subcontractor, automobile liability insurance shall be required.The minimum limit for automobile liability is$1,000,000 per occurrence, using a Combined Single Limit for bodily injury and property damage. Professional Liability, Errors and Omissions Insurance.The Grantee shall maintain Professional Liability or Errors and Omissions Insurance.The Grantee shall maintain minimum limits of no less than$1,000,000 per occurrence to cover all activities by the Grantee and licensed staff employed or under contract to the Grantee. The state of Washington, its agents, officers,and employees need not be named as additional insureds under this policy. Fidelity Insurance. Every officer, director, employee, or agent who is authorized to act on behalf of the Grantee for the purpose of receiving or depositing funds into program accounts or issuing financial documents,checks, or other instruments of payment for program costs shall be insured to provide protection against loss: A. The amount of fidelity coverage secured pursuant to this Grant shall be$100,000 or the highest of planned reimbursement for the Grant period,whichever is lowest. Fidelity I insurance secured pursuant to this paragraph shall name COMMERCE as beneficiary. i 3 i i i i i F17-31440-007 SPECIAL TERMS AND CONDITIONS i B. Subgrantees/subcontractors that receive$10,000 or more per year in funding through this Grant shall secure fidelity insurance as noted above. Fidelity insurance secured by Subgrantee/subcontractors pursuant to this paragraph shall name the Grantee as beneficiary. C. The Grantee shall provide, at COMMERCE's request, copies of insurance instruments or certifications from the insurance issuing agency. The copies or certifications shall show the insurance coverage,the designated beneficiary,who is covered, the amounts,the period of coverage,and that COMMERCE will be provided thirty(30) days advance written notice of cancellation. 7. NOTIFICATION OF FINDINGS OF DISCRIMATION OR NON-COMPLIANCE i In the event a state or federal court or a state or federal administrative agency makes a finding of discrimination after a due process hearing on the grounds of race,color, religion, national origin,age, disability, or sex against the Contractor or a Subcontractor receiving grant funds, the Contractor will forward a copy of the finding to the U.S. Department of Justice, Office of Justice Programs, Office of Civil Rights(OCR), and COMMERCE. s The Contractor shall include a statement clearly stating whether or not the finding is related to any grant activity supported with a grant in which U.S. Department of Justice Funds are involved, and identify all open grants utilizing U.S. Department of Justice funding, by Contract number and program title. ` The Contractor is required to ensure compliance with this requirement by any Subcontractor receiving funding from a grant supported with U.S. Department of Justice funds. 8. PROGRAM FIDELITY In the event the Contractor does not maintain agency participation and personnel dedication as described in Appendix A — Scope of Work and Form 5 of their Application for Funding under this program, funding shall be reduced or terminated in accordance with the 'TASK FORCE MODEL COMPLIANCE FUNDING REDUCTIONS' section (Page 2) of the'Application Package for Regional Justice Assistance Grant Multi-Jurisdictional Drug-Gang Task Forces'. 9. CERTIFICATIONS AND ASSURANCES The certifications and assurance previously provided for this award program shall be deemed to remain applicable to this award. Only those elements with a clear expiration date (DUNS #, EEOP, etc.) must be updated and provided to COMMERCE to demonstrate eligibility to receive federal funds. i 10. ORDER OF PRECEDENCE In the event of an inconsistency in this Grant,the inconsistency shall be resolved by giving precedence in the following order: • Applicable federal and state of Washington statutes and regulations • Special Terms and Conditions • General Terms and Conditions • Attachment A—Scope of Work • Attachment B—Budget • Application for funding and program certifications and assurances 4 I i F17-31440-007 GENERAL TERMS AND CONDITIONS 1. DEFINITIONS As used throughout this Grant, the following terms shall have the meaning set forth below: A. "Authorized Representative" shall mean the Director and/or the designee authorized in writing to act on the Director's behalf. B. "COMMERCE"shall mean the Department of Commerce. C. "Grant"or"Agreement"means the entire written agreement between COMMERCE and the Grantee, including any Exhibits, documents, or materials incorporated by reference. E-mail or Facsimile transmission of a signed copy of this contract shall be the same as delivery of an original. D. "Grantee"shall mean the entity identified on the face sheet performing service(s) under this Grant,and shall include all employees and agents of the Grantee. E. "Modified Total Direct Costs(MTDC"shall mean all direct salaries and wages, applicable fringe benefits, materials and supplies, services, travel, and up to the first$25,000 of each subaward (regardless of the period of performance of the subawards under the award). MTDC excludes equipment, capital expenditures, charges for patient care, rental costs, tuition remission, scholarships and fellowships, participant support costs and the portion of each subaward in excess of$25,000. F. "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. G. "State"shall mean the state of Washington. H. "Subgrantee/subcontractor"shall mean one not in the employment of the Grantee,who is performing all or part of those services under this Grant under a separate Grant with the Grantee. The terms"subgrantee/subcontractor" refers to any tier. I. "Subrecipient"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. I J. "Vendor" is an entity that agrees to provide the amount and kind of services requested by COMMERCE; provides services under the grant only to those beneficiaries individually determined to be eligible by COMMERCE and, provides services on a fee-for-service or per-unit basis with contractual penalties if the entity fails to meet program performance standards. 2. ACCESS TO DATA In compliance with RCW 39.26.180, the Grantee shall provide access to data generated under this Grant to COMMERCE, the Joint Legislative Audit and Review Committee, and the Office of the State Auditor at no additional cost, This includes access to all information that supports the findings, conclusions, and recommendations of the Grantee's reports, including computer models and the methodology for those models. 3. ADVANCE PAYMENTS PROHIBITED ! i No payments in advance of or in anticipation of goods or services to be provided under this Grant shall be made by COMMERCE. 4. ALL WRITINGS CONTAINED HEREIN I This Grant contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Grant shall be deemed to exist or to bind any of the parties hereto. I 5 I I F17-31440-007 GENERAL TERMS AND CONDITIONS 5. AMENDMENTS This Grant 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. 6. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, also referred to as the"ADA"28 CFR Part 35 The Grantee 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. 7. ASSIGNMENT Neither this Grant, nor any claim arising under this Grant, shall be transferred or assigned by the Grantee without prior written consent of COMMERCE. 8. ATTORNEYS'FEES Unless expressly permitted under another provision of the Grant, in the event of litigation or other action brought to enforce Grant terms, each party agrees to bear its own attorney's fees and costs. 9. AUDIT If the Grantee is a subrecipient and expends$750,000 or more in federal awards from any and/or all sources in any fiscal year,the Grantee shall procure and pay for a single audit or a program-specific audit for that fiscal year. Upon completion of each audit, the Grantee shall: i 1. Submit to COMMERCE the reporting package specified in OMB Super Circular 2 CFR j 200.501, reports required by the program-specific audit guide(if applicable), and a copy of any management letters issued by the auditor. 2. Submit to COMMERCE follow-up and developed corrective action plans for all audit findings. If the Grantee is a subrecipient and expends less than $750,000 in federal awards from any and/or all sources in any fiscal year, the Grantee shall notify COMMERCE they did not meet the single audit requirement. The Grantee shall send all single audit documentation to auditreviewta'2commerce.wa.aov. 10. CERTIFICATION REGARDINa DEBARMENT,SUSPENSION OR INELIGIBILITY AND VOLUNTARY EXCLUSION—PRIMARY AND LOWER TIER COVERED TRANSACTIONS A. Grantee, defined as the primary participant and it principals, certifies by signing these General Terms and Conditions that to the best of its knowledge and belief that they: 1. Are not presently debarred, suspended, proposed for debarment,declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency. j 2. Have not within a three-year period preceding this Grant, 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 federal Executive Order 12549; and 4. Have not within a three-year period preceding the signing of this Grant had one or more public transactions(Federal, State, or local)terminated for cause of default. B. Where the Grantee is unable to certify to any of the statements in this Grant, the Grantee shall attach an explanation to this Grant. 6 I I f 1 F17-31440-007 GENERAL TERMS AND CONDITIONS i C. The Grantee 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 COMMERCE. D. The Grantee 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 a) The lower tier Grantee certifies, by signing this Grant 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. b) Where the lower tier Grantee is unable to certify to any of the statements in this Grant, such contractor shall attach an explanation to this Grant. 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. You may contact COMMERCE for assistance in obtaining a copy of these regulations. 11. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION ? i A. "Confidential Information"as used in this section includes: 1. All material provided to the Grantee by COMMERCE that is designated as"confidential"by COMMERCE; 2. All material produced by the Grantee that is designated as"confidential"by COMMERCE;and 3. All personal information in the possession of the Grantee 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 identifying numbers, and"Protected Health Information" under the federal Health Insurance Portability and Accountability Act of 1996(H1PAA). B. All personal information in the possession of the Grantee 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 identifying numbers,and "Protected Health Information"under the federal Health Insurance Portability and Accountability Act of 1996(HIPAA). C. Unauthorized Use or Disclosure.The Grantee shall notify COMMERCE within twenty-four(24) hours 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. 3 12. CONFLICT OF INTEREST i Notwithstanding any determination by the Executive Ethics Board or other tribunal,the COMMERCE may, in its sole discretion, by written notice to the Grantee terminate this contract if it is found after due notice and examination by COMMERCE that there is a violation of the Ethics in Public Service Act, Chapters 42.52 RCW and 42.23 RCW; or any similar statute involving the CONTRACTOR in the procurement of,or performance under this contract. Specific restrictions apply to contracting with current or former state employees pursuant to chapter 42.52 of the Revised Code of Washington. The Grantee and their subcontractor(s) must identify any person employed in any capacity by the state of Washington that worked on the(YOUR PROGRAM NAME)including but not limited to formulating or drafting the legislation, participating in grant 7 I F17-31440-007 GENERAL TERMS AND CONDITIONS procurement planning and execution, awarding grants,and monitoring grants, during the 24 month period preceding the start date of this Grant. Identify the individual by name, the agency previously or currently employed by,job title or position held, and separation date. If it is determined by COMMERCE that a conflict of interest exists, the Grantee may be disqualified from further consideration for the award of a Grant. In the event this grant is terminated as provided above, COMMERCE shall be entitled to pursue the same remedies against the Grantee as it could pursue in the event of a breach of the contract by the Grantee. The rights and remedies of COMMERCE provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law. The existence of facts upon which COMMERCE makes any determination under this clause shall be an issue and may be reviewed as provided in the"Disputes"clause of this grant. 13. COPYRIGHT PROVISIONS Unless otherwise provided, all Materials produced under this Grant shall be considered"works for hire"as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall j 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 Grantee hereby irrevocably assigns all right, title, and interest in all Materials, including all intellectual property rights, moral rights,and rights of publicity to COMMERCE effective from the moment of creation of such Materials. i "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, For Materials that are delivered under the Grant, but that incorporate pre-existing materials not produced under the Grant, the Grantee hereby grants to COMMERCE 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 Grantee warrants and represents that the Grantee has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to COMMERCE. The Grantee shall exert all reasonable effort to advise COMMERCE, at the time of delivery of Materials furnished under this Grant, 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 Grant. The Grantee shall provide COMMERCE with prompt written notice of each notice or claim of infringement received by the Grantee with respect to any Materials delivered under this Grant. COMMERCE shall have the right to modify or remove any restrictive markings placed upon the Materials by the Grantee. 14. DISPUTES Except as otherwise provided in this Grant, when a dispute arises between the parties and it cannot be resolved by direct negotiation, either party may request a dispute hearing with the Director of COMMERCE,who may designate a neutral person 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 Grantee's name,address, and Contract number; and • be mailed to the Director and the other party's (respondent's)Grant Representative within three(3)working days after the parties agree that they cannot resolve the dispute. The respondent shall send a written answer to the requestor's statement to both the Director or the j Director's designee and the requestor within five(5)working days. i 8 F17-31440-007 GENERAL TERMS AND CONDITIONS The Director or designee shall review the written statements and reply in writing to both parties within ten(10)working days. The Director 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 agree that this dispute process shall precede any action in a judicial or quasi-judicial tribunal. Nothing in this Grant 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. 15, DUPLICATE PAYMENT COMMERCE shall not pay the Grantee, if the Grantee has charged or will charge the State of Washington or any other party under any other Grant,subgrant/subcontract, or agreement,for the i same services or expenses. 16. GOVERNING LAW AND VENUE This Grant shall be construed and interpreted in accordance with the laws of the state of Washington, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. 17. INDEMNIFICATION To the fullest extent permitted by law, the Grantee shall indemnify, defend, and hold harmless the state of Washington, COMMERCE, agencies of the state and all officials,agents and employees of the state,from and against all claims for injuries or death arising out of or resulting from the performance of the contract. "Claim"as used in this contract, means any financial loss, claim, suit, action,damage, or expense, including but not limited to attorney's fees, attributable for bodily injury, sickness, disease,or death,or injury to or the destruction of tangible property including loss of use resulting therefrom. The Grantee's obligation to indemnify, defend, and hold harmless includes any claim by Grantee's agencts, employees, representatives,or any subgranteelsubcontractor or its employees. Grantee expressly agrees to indemnify, defend,and hold harmless the State for any claim arising out of or incident to Grantee's or any subgrantee'slsubcontractor's performance or failure to perform the Grant. Grantee's obligation to indemnify, defend, and hold harmless the State shall not be eliminated or reduced by any actual or alleged concurrent negligence of State or its agents, agencies, employees and officials. The Grantee waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend and hold harmless the state and its agencies, officers, agents or employees. 18. INDEPENDENT CAPACITY OF THE CONTRACTOR The parties intend that an independent contractor relationship will be created by this Grant. The Contractor and its employees or agents performing under this Contract are not employees or agents of the state of Washington or COMMERCE. The Contractor will not hold itself out as or claim to be an officer or employee of COMMERCE or of the state of Washington 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. 19. INDIRECT COST$ The Grantee shall provide their indirect cost rate that has been negotiated between their entity and the Federal Government. If no such rate exists a de minimis Indirect cost rate of 10%of modified total direct costs(MTDC)will be used. 20. INDUSTRIAL INSURANCE COVERAGE The Grantee shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance. if the Grantee fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf I 9 i I F17-31440-007 GENERAL TERMS AND CONDITIONS of its employees as may be required by law, COMMERCE may collect from the Grantee the full amount payable to the Industrial Insurance Accident Fund. COMMERCE may deduct the amount owed by the Grantee to the accident fund from the amount payable to the Grantee by COMMERCE under this Contract, 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 Grantee. 21. LAWS The Grantee shall comply with all applicable laws, ordinances,codes, regulations, and policies of local,state, and federal governments, as now or hereafter amended. 22, LICENSING,ACCREDITATION AND REGISTRATION The Grantee shall comply with all applicable local, state,and federal licensing, accreditation and registration requirements or standards necessary for the performance of this Contract. 23. LIMITATION OF AUTHORITY Only the Authorized Representative or the Authorized Representative's delegate by writing (delegation 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 Contract. Furthermore, any alteration, amendment, modification, or waiver or any clause or condition of this contract is not effective or binding unless made in writing and signed by the Agent 24. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS During the performance of this Grant,the Grantee shall comply with all federal, state, and local nondiscrimination laws, regulations and policies. In the event of the Grantee's non-compliance or refusal to comply with any nondiscrimination law, regulation or policy,this Grant may be rescinded, canceled or terminated in whole or in part, and the Grantee may be declared ineligible for further Grants with COMMERCE. The Grantee 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. 26. PAY EQUITY The Grantee agrees to ensure that"similarly employed"individuals in its workforce are compensated as equals, consistent with the following: a. Employees are"similarly employed"if the individuals work for the same employer, the performance of the job requires comparable skill, effort, and responsibility, and the jobs are performed under similar working conditions. Job titles alone are not determinative of whether employees are similarly employed; b. Grantee may allow differentials in compensation for its workers if the differentials are based in good faith and on any of the following: (i)A seniority system; a merit system;a system that measures earnings by quantity or quality of production; a bona fide job-related factor or factors;or a bona fide regional difference in compensation levels. (ii)A bona fide job-related factor or factors may include, but not be limited to, education, training, or experience that is: Consistent with business necessity; not based on or derived from a gender-based differential; and accounts for the entire differential. (iii)A bona fide regional difference in compensation level must be:Consistent with business necessity; not based on or derived from a gender-based differential; and account for the entire differential. This Grant may be terminated by the Department, if the Department or the Department of Enterprise l services determines that the Contractor is not in compliance with this provision. 10 i I j F17-31440-007 ' GENERAL TERMS AND CONDITIONS 26. POLITICAL ACTIVITIES i Political activity of Grantee's employees and officers are limited by the State Campaign Finances and j Lobbying provisions of Chapter 42.17A RCW and the Federal Hatch Act, 5 USC 1501 -1508. No funds may be used for working for or against ballot measures or for or against the candidacy of j any person for public office, 27. PROCUREMENT STANDARDS FOR FEDERALLY FUNDED PROGRAMS A Grantee which is a local government or Indian Tribal government must establish procurement - policies and procedures in accordance with 2 CFR Part 200, for all purchases funded by this Grant. A Grantee which is a nonprofit organization shall establish procurement policies in accordance with 2 CFR Part 200,for all purchases funded by this Contract. The Grantee's procurement system should include at least the following: 1. A code or standard of conduct that shall govern the performance of its officers,employees, or agents engaged in the awarding of contracts using federal funds. 2. Procedures that ensure all procurement transactions shall be conducted in a manner to provide, to the maximum extent practical, open and free competition. 3. Minimum procedural requirements, as follows: a. Follow a procedure to assure the avoidance of purchasing unnecessary or duplicative items. b. Solicitations shall be based upon a clear and accurate description of the technical requirements of the procured items. c. Positive efforts shall be made to use small and minority-owned businesses. d. 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. e. Contracts shall be made only with reasonable subgrantees/subcontractors who possess the potential ability to perform successfully under the terms and conditions of the proposed procurement. f. Some form of price or cost analysis should be performed in connection with every procurement action. g. Procurement records and files for purchases shall include all of the following: 1) Contractor selection or rejection. 2) The basis for the cost or price. 3) Justification for lack of competitive bids if offers are not obtained. h. A system for contract administration to ensure Contractor conformance with terms, conditions and specifications of this Contract, and to ensure adequate and timely follow- I up of all purchases, 4. Contractor and Subgrantee/subcontractor must receive prior approval from COMMERCE for using funds from this Contract 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. i Prior approval requests shall include a copy of proposed contracts and any related procurement documents and justification for non-competitive procurement, if applicable. 28. PUBLICITY 11 i F17-31440-007 GENERAL TERMS AND CONDITIONS ! I The Grantee agrees not to publish or use any advertising or publicity materials in which the state of Washington or COMMERCE's name is mentioned, or language used from which the connection with i the state of Washington's or COMMERCE's name may reasonably be inferred or implied,without the I prior written consent of COMMERCE. 28. RECAPTURE In the event that the Grantee fails to perform this Grant in accordance with state laws, federal laws, and/or the provisions of this Grant,COMMERCE reserves the right to recapture funds in an amount to compensate COMMERCE for the noncompliance in addition to any other remedies available at law or in equity. Repayment by the Grantee of funds under this recapture provision shall occur within the time period specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payments due under this Grant. 30. RECORDS MAINTENANCE The Grantee shall maintain books, records, documents, data and other evidence relating to this Grant and performance of the services described herein, including but not limited to accounting procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Grant. The Grantee shall retain such records for a period of six years following the date of final payment. At no additional cost, these records, including materials generated under the Grant, shall be subject at all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. 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 resolved. i 31. REGISTRATION WITH DEPARTMENT OF REVENUE If required by law, the Grantee shall complete registration with the Washington State Department of Revenue. 32. RIGHT OF INSPECTION The Grantee shall provide right of access to its facilities to COMMERCE, or any of its officers, or to any other authorized agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this Grant. 33. SAVINGS In the event funding from state,federal,or other sources is withdrawn, reduced, or limited in any way I after the effective date of this Grant and prior to normal completion, COMMERCE may terminate the Grant under the"Termination for Convenience"clause, without the ten calendar day notice requirement. In lieu of termination, the Grant may be amended to reflect the new funding limitations and conditions. 34. SEVERABILITY The provisions of this Grant are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever,such illegality or invalidity shall not affect the validity of the remainder of the Grant. 35. SITE SECURITY I While on COMMERCE premises, Grantee, its agents, employees, or subcontractors shall conform in ! all respects with physical, fire or other security policies or regulations. 36. SUBGRANTING/SUBCONTRACTING 12 i F17-31440-007 GENERAL TERMS AND CONDITIONS j { The Grantee may only subcontract work contemplated under this Grant if it obtains the prior written approval of COMMERCE. i If COMMERCE approves subcontracting, the Grantee shall maintain written procedures related to subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause, COMMERCE in writing may: (a) require the Grantee to amend its subcontracting procedures as they relate to this Grant; (b) prohibit the Grantee from subcontracting with a particular person or entity; or (c)require the Grantee to rescind or amend a subcontract. Every subcontract shall bind the Subcontractor to follow all applicable terms of this Grant. The Grantee is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term i or condition of this Grant. The Grantee shall appropriately monitor the activities of the Subcontractor i to assure fiscal conditions of this Grant. In no event shall the existence of a subcontract operate to i release or reduce the liability of the Grantee to COMMERCE for any breach in the performance of the Grantee's duties. Every subcontract shall include a term that COMMERCE and the State of Washington are not liable for claims or damages arising from a Subcontractor's performance of the subcontract. 37. SURVIVAL The terms,conditions, and warranties contained in this Grant that by their sense and context are intended to survive the completion of the performance,cancellation or termination of this Grant shall so survive. 38. TAXES i All payments accrued on account of payroll taxes, unemployment contributions, the Grantee's income or gross receipts, any other taxes, insurance or expenses for the Grantee or its staff shall be the sole i responsibility of the Grantee. 38. TERMINATION FOR CAUSE In the event COMMERCE determines the Grantee has failed to comply with the conditions of this Grant in a timely manner, COMMERCE has the right to suspend or terminate this Grant. Before suspending or terminating the Grant, COMMERCE shall notify the Grantee in writing of the need to take corrective action. If corrective action is not taken within 30 calendar days, the Grant may be terminated or suspended, In the event of termination or suspension,the Grantee shall be liable for damages as authorized by law including, but not limited to,any cost difference between the original Grant and the replacement or cover Grant and all administrative costs directly related to the replacement Grant, e.g., cost of the competitive bidding, mailing, advertising and staff time. COMMERCE reserves the right to suspend all or part of the Grant,withhold further payments, or prohibit the Grantee from incurring additional obligations of funds during investigation of the alleged ; compliance breach and pending corrective action by the GRANTEE or a decision by COMMERCE to terminate the Grant. A termination shall be deemed a"Termination for Convenience"if it is i determined that the Grantee: (1)was not in default;or(2)failure to perform was outside of his or her control,fault or negligence. The rights and remedies of COMMERCE provided in this Grant are not exclusive and are, in addition to any other rights and remedies, provided by law. 40. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Grant, COMMERCE may, by ten(10)business days written notice, beginning on the second day after the mailing,terminate this Grant, in whole or in part. If this Grant is so terminated, COMMERCE shall be liable only for payment required under the terms of this Grant for services rendered or goods delivered prior to the effective date of termination. 41. TERMINATION PROCEDURES i i 13 j i i F17-31440-007 GENERAL TERMS AND CONDITIONS Upon termination of this Grant, COMMERCE, in addition to any other rights provided in this Grant, may require the Grantee to deliver to COMMERCE any property specifically produced or acquired for the performance of such part of this Grant as has been terminated. The provisions of the"Treatment of Assets"clause shall apply in such property transfer. COMMERCE shall pay to the Grantee the agreed upon price, if separately stated, for completed work and services accepted by COMMERCE, and the amount agreed upon by the Grantee and COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially I completed work and services, (ill) other property or services that are accepted by COMMERCE, and (iv)the protection and preservation of property, unless the termination is for default, in which case the Authorized Representative shall determine the extent of the liability of COMMERCE. Failure to agree with such determination shall be a dispute within the meaning of the"Disputes" clause of this Grant. COMMERCE may withhold from any amounts due the Grantee such sum as the Authorized Representative determines to be necessary to protect COMMERCE against potential loss or liability. The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. After receipt of a notice of termination, and except as otherwise directed by the Authorized Representative, the Grantee shall; 1. Stop work under the Grant on the date,and to the extent specified, in the notice; 2. Place no further orders or subgrants/subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the work under the Grant that is not terminated; 3. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the Authorized Representative, all of the rights, title, and interest of the Grantee under the orders and subgrants/subcontracts so terminated, In which case COMMERCE has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subgrants/subcontracts; 4. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the Authorized Representative to the extent the 1 Authorized Representative may require, which approval or ratification shall be final for all the ? purposes of this clause; 6. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed by the Authorized Representative any property which, if the Grant had been completed, would have been required to be furnished to COMMERCE; i 6. Complete performance of such part of the work as shall not have been terminated by the Authorized Representative; and 7. Take such action as may be necessary, or as the Authorized Representative may direct, for the protection and preservation of the property related to this Grant, which is in the possession of the Grantee and in which COMMERCE has or may acquire an interest. 42. TREATMENT OF ASSETS Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property furnished by the Grantee, for the cost of which the Grantee is entitled to be reimbursed as a direct item of cost under this Grant, shall pass to and vest in COMMERCE upon delivery of such property by the Grantee. Title to other property, the cost of which is reimbursable to the Grantee under this Grant, shall pass to and vest in COMMERCE upon (i) issuance for use of such property in the performance of this Grant, or(H) commencement of use of such property in the performance of this Grant, or (III) reimbursement of the cost thereof by COMMERCE in whole or in part, whichever first occurs. A. Any property of COMMERCE furnished to the Grantee shall, unless otherwise provided herein or approved by COMMERCE, be used only for the performance of this Grant. 14 i I I I I F17-31440-007 GENERAL TERMS AND CONDITIONS i E B. The Grantee shall be responsible for any loss or damage to property of COMMERCE that results from the negligence of the Grantee or which results from the failure on the part of the Grantee to i maintain and administer that property in accordance with sound management practices. C. If any COMMERCE property is lost, destroyed or damaged, the Grantee shall immediately notify COMMERCE and shall take all reasonable steps to protect the property from further damage. D. The Grantee shall surrender to COMMERCE all property of COMMERCE prior to settlement upon completion, termination or cancellation of this Grant All reference to the Grantee under this clause shall also include Grantee's employees, agents or S ubg rantees/Subcontractors. 43. WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Grant unless stated to be such in writing and signed by Authorized Representative of COMMERCE. I i i 15 F17-31440-007 SCOPE OF WORK Attachment A OUTCOME: Work performed by the Multi-jurisdictional Drug-Gang Task Force shall have the outcome specified in the Contractor's Application for funding and this Agreement.To reach this outcome, COMMERCE will provide i funding and external evaluation of the task force; and the Contractor will provide for the task force's organization, oversight, administration, supervision and mission, staffing and support, and other items necessary to carry out this Agreement To reach this goal, the Contractor shall provide or perform the following: INTERIM OUTCOMES AND PERFORMANCE MEASURES: 1. The Regional Task Force continuously meetslexceeds Byrne JAG Gang-Drug Task Force Program Model Personnel staffing, as measured by: Minimum of four (4) commissioned officers dedicated to the project (full time), or three (3) commissioned officers at a reduced funding level. In either case, one(1) of the commissioned officers shall be a full-time supervisor. Such officers shall work out a common location. Such officers shall work out of a common location. • Support staff(minimum of half-time). Prosecutorial support of one (1) dedicated prosecutor/deputy prosecutor, or sufficient prosecutorial support such that no case submitted by the task force is rejected due to lack of staffing; Gang Liaison(may be another member of the local task force). Analyst(Optional). 2. Participation—the Task Force shall organize and govern participating partners, as measured by: Contribution of least one (1) dedicated law enforcement officer by a minimum of three (3) local law enforcement agencies in the service area, or two(2)local law enforcement agencies if funded at a reduced funding level. o Local law enforcement agencies for this purpose includes city,county and tribal agencies. o Aggregated cash contributions from jurisdictions not large enough to fully dedicate individual officers, sufficient to support 90% of the full cost of a dedicated officer, may count as participation by local law enforcement agency for each officer so supported. o The Washington State Patrol may substitute for one of the local law enforcement agencies in small and rural task forces. 3. Task Force Mission—The Governance Board shall determine the Task Force Mission and set the priorities for work to be accomplished, as measured by: i • A primary focus on cooperative, investigative work to identify, interdict, dismantle, and prosecute mid-to upper-level criminal organizations engaged in illicit gang, gun, and drug activities. 4. JAG Task Force Peer Review Participation—Task Force Governance Boards shall assure that j JAG Grant compliance Is achieved, as measured by: • Task Force will agree to an audit of its performance, a minimum of once per biennium, as described in COMMERCE's Byrne JAG Task Force Peer Review Program Guide; and to participate in a follow-up of the Peer Review within the following year. 16 I i F17-31440-007 SCOPE OF WORK Attachment A Task Force will participate in support of the Peer Review process by allowing assigned staff to volunteer as members of Peer Review Teams during audits in other jurisdictions. S. Peer Review,Grant Compliance Monitoring, and State and Federal Audit Results—Task Force management and staff will review COMMERCE's Policies and Procedures and Task Force ' Internal rules and policies,as well as requirements and policies of the Contract fiscal agent to assure JAG Grant compliance, as measured by: • No repeat findings or discrepancies. - • No recommendations requiring a reply by endorsement, or restructuring task force management. v • No findings or discrepancies indicative of failure to maintain sound financial management. • No finding of non-compliance with grant requirements. S. Other Fiscal and Administrative requirements, as measured by: • "FIFO"or First-In/First-Out tracking and quarterly reporting of Program Income funds ' (Forfeitures). • Timely submission of Contractor's A-19(Reimbursement RequestsNouchers)by the 151h of the month following the reported quarter(as per COMMERCE's Policy and Procedures Guide). • Compliance with all policies and procedures included in the current version of the Public Safety Unit's Criminal Justice Policy and Procedures Guide. 7. Commander's Conference(Semi-Annual)Training Attendance—Task Force Governance Boards shall establish policy to assure that key supervisory/management staff achieve JAG grant compliance,as measured by: Attendance by key personnel as mandatory unless waiver is granted by COMMERCE PERFORMANCE MEASURES AND DELIVERABLES: 1. Quarterly Performance Measures—Task Force Governance Boards will set measures to assure Task Force success by achievement of the critical performance measures reported in the Periodic Activity Report(PAR),as measured by a: • Minimum of 40 percent of Task Force arrests will be for multiple arrests cases. • Prosecutorial success rate of 80 percent of case results received with outcomes of"guilty,""pled," and/or"verdict" received. • Forfeiture success rate of 90 percent. • Minimum of 40 percent of task force cases disrupted/dismantled which consist of five(5)or more individuals where investigations have demonstrated an involvement in the criminal enterprise. 2. Quarterly Program Performance Activity Report(INTERIM OUTCOMES AND PERFORMANCE MEASURES 1 AND 2)—Task Force management will plan for,collect,and report program performance data,as measured by: • Timely submission per published scheduled Due Dates(See COMMERCE Task Force Application Report Schedule). Entry of all applicable data as prescribed by the PAR Form User's Guide. 3. Active cooperation and response to Evaluation Findings and Discrepancies(Interim OUTCOMES AND PERFORMANCE MEASURES 3 THROUGH 6)--administrative and compliance monitoring,and Peer Review Evaluations,as measured by: • Assessment and response to discrepancies and findings noted in monitoring and peer review evaluations. • Item-by-item demonstration of corrective action either through submitted written response or during a Peer Review or Monitoring follow-up visit(normally conducted approximately six(6] months after a Peer Review Evaluation). i 17 F17-31440-007 SCOPE OF WORK Attachment A 4. Commanders Conference Registration(INTERIM OUTCOMES AND PERFORMANCE MEASURES 7),as measured by: • Advance registration and/or on-site sign-in and handout collection. i I i I i I 18 i I I F17-31440-007 BUDGET Attachment B GENERAL: The total budget awarded under this Agreement shall be the amount specified in Block 5 of this Agreement's Face Sheet. The total Federal funds awarded under this Agreement shall be the amount specified in Block 9 of this Agreement's Face Sheet. Allocation of funds between categories of expense shall be: Category of Expense Amount Salaries $ 86,007 Benefits $ 22,920 Contract Services 6,000 Total $114,927 The Contractor may vary from the approved distribution of funds by shifting up to ten percent(10%)of the total awarded funds between categories of expense.This authority to shift funds is limited by the following: grant funds may not be shifted into zero budgeted categories of expense except Benefits, and any shifts made may not constitute a significant change to the Scope of Work(Attachment A). PERFORMANCE BASED INCENTIVES AND CONSEQUENCES: 1. Delay and Disallowance of Reimbursement Requests Due to Late Performance Reporting Past due performance reports will result in withholding of requested reimbursements until the reports are received. Should a report be received after the due date, but not in sufficient time for enclosure in I the corresponding federal quarterly report, the report will be rejected and no payment will be j authorized for the missed quarter, For the first three quarters of this award, missed data and the corresponding expenditures may be submitted during the following quarter, However, lack of timely submission of the fourth quarter's activity report will result in loss of all funds not previously reimbursed; and if disbursement of funds to reimburse expenditures incurred during the unreported quarter has been made, repayment shall be required. 2. Delay and Disallowance of Reimbursement Requests Due to Non-Compliance with Federal Pre-Requisites to Receive Funding i During any period in which the Contractor is non-compliant with essential federal pre-requisites to receive federal funds, all expenditures will be disallowed. Eligibility of expenditures for reimbursement will resume on the date that the Contractor is deemed to be fully compliant with the essential federal pre-requisites as specified below: • DUNS(Data Universal Numbering System) number is registered in the Central Contract Registry portion of Grants.Gov(www.grants.gov), and the registration is current. • An Equal Employment Opportunity Plan The Contractor has been prepared and signed into effect within the last two years, and a copy has been forwarded to COMMERCE, and if appropriate to the Office of Civil Rights, U.S. Department of Justice. • Center of Task Force Leadership and Integrity Training through the www.ctfli.ora website has been completed by all personnel dedicated to the task force not later than 120 days of being dedicated to the task force, but in any case within two years of the effective date of this Agreement. Dedicated personnel includes personnel assigned as investigative personnel, acting in supervisory and/or executive management, administrative, analytical or prosecutorial support of the task force, • Failure to respond to audit, monitoring or evaluation findings by the specified response date. 19 i i F17-31440-007 BUDGET Attachment B i 3. Reduction In the Quarterly Reimbursable Funds Due to Non-Compliance with the Task Force Staffing and Participation Model: I Reporting staffing and/or"local"agency participation below that specified by the Task Force Model on any Periodic Activity Report(quarterly activity report)shall cause the maximum amount that may be reimbursed for that quarter to be reduced in accordance with the Task Force Model summarized ' below. Compliance Level %of Base Dedicated Personnel Participating Allocation 'Local'A encies*a,s 4.0 Law Enforcement* j Full Compliance 100% 1.0 Prosecutor*2 3 Agencies .5 Support Staff*3 Low`Local'Agency ° 4.0 Law Enforcement Participation 88/0 1.0 Prosecutor 2 Agencies 5 Support Staff*3 Low'Local' Personnel 3.0 Law Enforcement" Dedication 75% 1.0 Prosecutor"2 3 Agencies 5 Support Staff*3 Low in both 3.0 Law Enforcement*' 'Local'Agency Participation 63% 1.0 Prosecutor*Z 2 Agencies Dedication and'Local' Personnel .5 Support Staff*3 Any level below: Too Low 0% 3.0 Law Enforcement*'*z y or 1 Agency i Not Eligible for Funding 1.0 Prosecutor I .5 Support Staff*3 I *' Staffing standard for commissioned law enforcement personnel is four 100%dedicated officers *Z Staffing standard for Prosecutors/Deputy Prosecutors is one 100% dedicated prosecutor, or i demonstration that no task force generated case is declined due to staffing —any staffing below this level is considered"Low Local Personnel Dedication" *3 Staffing standard for task force administrative/support staff is one half-time individual — any staffing below this is considered"Low Local Personnel Dedication" *a Washington State Patrol may count as a 'Local' agency for those task forces considered as'Rural' or 'Urban' in the"Counties Like Us"reporting grouping Federal agency assigned personnel may count as 'Local' provided they report first to the task force's management structure and that they have standing authority to participate in any case selected for investigation by the task force. *6 Aggregated cash contributions from jurisdictions not large enough to fully dedicate individual officers, but which are sufficient to support 90% of the full cost of a dedicated officer, may count as participation by a'Local'Agency for each officer so supported For this purpose the maximum amount which may be reimbursed for one quarter is one-fourth of the total award (as specified in Block 5 of this Agreement's Face Sheet)reduced in accordance with the above table. The Non-compliance penalty is lost to the Contractor during the balance of this Agreement's duration. In the event that the Contractor has already been reimbursed beyond the reimbursable amount authorized for the quarter as calculated above, the corresponding expenditure is disallowed.Any funds so disallowed may be applied against authorized expenditures of the next quarter, if the quarter for which the disallowance is made is not the last calendar quarter of this Agreement. Should any funds be disallowed for the last calendar quarter of this Agreement, disallowed funds must be returned to COMMERCE. COMMERCE reserves the right to waive this reduction/disallowance in event the reported non- compliance is considered a brief and minor anomaly not materially affecting task force operations or safety. Such a waiver is at the sole discretion of COMMERCE, i . 20