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
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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:
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c Project Investigation, disruption & prosecution of drug trafficking orgs. and gangs
�. Details:
c
°i Agreement 114,927 Basis for
all Amount:
Selection of
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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:
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Date Routed to the Mayor's Office: RECEIVED
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CITY OF KENT
CITY CLERK
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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.
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Start date: July 1, 2019
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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
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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
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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
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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
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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.
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F17-31440-007
SPECIAL TERMS AND CONDITIONS
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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.
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F17-31440-007
SPECIAL TERMS AND CONDITIONS
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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.
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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
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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 !
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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
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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.
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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:
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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.
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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 ?
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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.
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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
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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.
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"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.
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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
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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.
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GENERAL TERMS AND CONDITIONS
26. POLITICAL ACTIVITIES
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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.
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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
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GENERAL TERMS AND CONDITIONS
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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.
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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
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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
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GENERAL TERMS AND CONDITIONS j
{
The Grantee may only subcontract work contemplated under this Grant if it obtains the prior written
approval of COMMERCE.
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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
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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
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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;
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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.
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GENERAL TERMS AND CONDITIONS
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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.
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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:
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• 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.
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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).
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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.
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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
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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.
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BUDGET Attachment B
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3. Reduction In the Quarterly Reimbursable Funds Due to Non-Compliance with the Task Force
Staffing and Participation Model:
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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,
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