HomeMy WebLinkAboutCAG2022-368 - Original - Washington State Dept. of Commerce - Justice Assistance Grant (JAG) F20-31440-206 for VNET - 07/01/2022ApprovalOriginator:Department:
Date Sent:Date Required:
Authorized to Sign:
o Director or Designee o Mayor
Date of Council Approval:
Budget Account Number:
Budget? o Yes o No
Grant? o Yes o No
Type:Review/Signatures/RoutingDate Received by City Attorney:Comments:
Date Routed to the Mayor’s Office:
Date Routed to the City Clerk’s Office:Agreement InformationVendor Name:Category:
Vendor Number:Sub-Category:
Project Name:
Project Details:
Agreement Amount:
Start Date:
Basis for Selection of Contractor:
Termination Date:
Local Business? o Yes o No*
*If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace.
Notice required prior to disclosure?
o Yes o No
Contract Number:
Agreement Routing Form
For Approvals, Signatures and Records Management
This form combines & replaces the Request for Mayor’s Signature and Contract Cover Sheet forms.
(Print on pink or cherry colored paper)
Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20
1
Interagency Agreement with
City of Kent
through
Justice Assistance Grant/Byrne Formula Grant
For
Valley Narcotics Enforcement Team (VNET) Multi-jurisdictional
investigation and prosecution of drug, gang and violent crime;
activity normally beyond the capacity of local jurisdictions to
adequately pursue as part of existing operations.
Start date: 07/01/2022
09/30/2023
ii
TABLE OF CONTENTS
Face Sheet ...................................................................................................................................... 1
Special Terms and Conditions
1.
2.
3. Contract Management ........................................................................................... 2
4. Compensation ........................................................................................................ 2
5.
6.
7. Billing Procedures and Payment ............................................................................ 2
8. Subcontractor Data Collection ............................................................................... 3
9.
10.
11. Insurance
12. Fraud and
13. Order of Precedence .............................................................................................. 4
General Terms and Conditions
1. Definitions .............................................................................................................. 6
2. All Writings Contained Herein ................................................................................ 6
3. Amendments .......................................................................................................... 6
4. Assignment ............................................................................................................ 6
5. Confidentiality and Safeguarding of Information.................................................... 6
6. Copyright................................................................................................................ 7
7. Disputes ................................................................................................................. 7
8. Governing Law and Venue .................................................................................... 7
9. Indemnification ....................................................................................................... 8
10. Licensing, Accreditation and Registration ............................................................. 8
11. Recapture .............................................................................................................. 8
12. Records Maintenance ............................................................................................ 8
13. Savings .................................................................................................................. 8
14. Severability ............................................................................................................ 8
15. Subcontracting ....................................................................................................... 8
16. Survival .................................................................................................................. 9
17. Termination for Cause ........................................................................................... 9
18. Termination for Convenience................................................................................. 9
19. Termination Procedures ........................................................................................ 9
20. Treatment of Assets ............................................................................................. 10
21. Waiver .................................................................................................................. 10
Attachment A, Scope of Work ................................................................................................... 11
Attachment B, Budget ................................................................................................................. 16
Attachment C, Reporting ............................................................................................................. 17
FACE SHEET
1
Contract Number: F20-31440-206
Washington State Department of Commerce
Community Services Division
Community Safety Unit
Justice Assistance Grant/Byrne Formula Grant
1. Contractor 2. Contractor Doing Business As (optional)
City of Kent
220 4TH AVE S
Kent, Washington 98032-5895
Valley Narcotics Enforcement Team (VNET)
3. Contractor Representative 4. COMMERCE Representative
JoAnne Moen
Office Manager
(206) 764-3640
jmoen@kentwa.gov
Anica Stieve
Program Manager
(360) 890-6199
anica.stieve@commerce.wa.gov
P.O. Box 42525
1011 Plum Street SE
Olympia, WA 98504-2525
5. Contract Amount 6. Funding Source 7. Start Date 8. End Date
$226,563.00 Federal: State: Other: N/A: 07/01/2022 09/30/2023
9. Federal Funds (as applicable)
$ 226,563.00
Federal Agency: CFDA Number:
Department of Justice 16.738
Indirect Rate (if applicable):
N/A
10. Tax ID # 11. SWV # 12. UBI # 13. UEI #
N/A SWV0000552-00 172000021 GALJSHRB2EM6
14. Contract Purpose
Multi-jurisdictional investigation and prosecution of drug, gang and violent crime; activity normally beyond the capacity
of local jurisdictions to adequately pursue as part of existing operations.
15. Signing Statement
COMMERCE, defined as the Department of Commerce, and the Contractor, as defined above, acknowledge and accept
the terms of this Contract and Attachments and have executed this Contract on the date below and warrant they are
authorized to bind their respective agencies. The rights and obligations of both parties to this Contract are governed by
Scope of Work,
Reporting.
FOR CONTRACTOR FOR COMMERCE
Rafael Padilla, Chief
Date
Diane Klontz, Assistant Director
Date
APPROVED AS TO FORM ONLY BY ASSISTANT ATTORNEY
GENERAL 07/17/2019.
APPROVAL ON FILE.
F20-31440-206
SPECIAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
FEDERAL FUNDS
2
1. AUTHORITY
COMMERCE and Contractor enter into this Contract pursuant to the authority granted by the Interlocal
Cooperation Act, Chapter 39.34 RCW.
2. ACKNOWLEDGMENT OF FEDERAL FUNDS
Federal Award Date: October 1, 2019 & October 1, 2020
Federal Award Identification Number (FAIN): 2020-DJ-BX-0039 & 15PBJA-21-GG-00291-JAGX
Total amount of the federal award: $ $226,563.00
Awarding officials: Department of Justice, Office of Justice Programs
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:
-DJ-BX-0039 & 15PBJA-21-GG-00291-JAGX
awarded by the Bureau of Justice Assistance. Points of view in this document are those of
the author and do not necessarily represent the official position or policies of the United States
Department of Justice. Grant funds are administered by the Community Safety Unit,
3. CONTRACT 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 Contract.
The Representative for COMMERCE and their contact information are identified on the Face Sheet
of this Contract.
The Representative for the Contractor and their contact information are identified on the Face Sheet
of this Contract.
4. COMPENSATION
COMMERCE shall pay an amount not to exceed $ $226,563.00 for the performance of all things
necessary for or incidental to the performance of work under this Contract as set forth in the Scope of
Work.
5. EXPENSES
Contractor shall receive reimbursement for travel and other expenses as identified below or as
authorized in advance by COMMERCE as reimbursable. The maximum amount to be paid to the
Contractor for authorized expenses shall not exceed $ $226,563.00, which amount is included in the
Contract total above.
Such expenses may include airfare (economy or coach class only), other transportation expenses, and
lodging and subsistence necessary during periods of required travel. Contractor shall receive
compensation for travel expenses at current state travel reimbursement rates.
6. INDIRECT COSTS
Contractor 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.
7. BILLING PROCEDURES AND PAYMENT
COMMERCE will pay Contractor upon acceptance of services provided and receipt of properly
completed invoices, which shall be submitted through Secure Access Washington (SAW):
https://secureaccess.wa.gov/ quarterly.
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3
The invoices shall describe and document, to COMMERCE's satisfaction, a description of the work
performed, the progress of the project, and fees. The invoice shall include the Contract Number F20-
31440-206.
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
Contractor.
COMMERCE may, in its sole discretion, terminate the Contract or withhold payments claimed by the
Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or condition
of this Contract.
No payments in advance or in anticipation of services or supplies to be provided under this Agreement
shall be made by COMMERCE.
Invoices and End of Fiscal Year
Invoices are due on the 20th of the month following the provision of services for the quarter.
Final invoices for a state fiscal year may be due sooner than the 20th and Commerce will provide
notification of the end of fiscal year due date.
The grantee must invoice for all expenses from the beginning of the contract through June 30,
regardless of the contract start and end date.
Duplication of Billed Costs
The Contractor shall not bill COMMERCE for services performed under this Agreement, and
COMMERCE shall not pay the Contractor, if the Contractor is entitled to payment or has been or will
be paid by any other source, including grants, for that service.
Disallowed Costs
The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own
organization or that of its subcontractors.
8. SUBCONTRACTOR DATA COLLECTION
Contractor 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 Agreement performed by subcontractors and the
portion of funds expended for work performed by subcontractors, including but not necessarily limited
to minority-owned, woman-owned, and veteran-
mean subcontractors of any tier.
9. AUDIT
If the Contractor 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:
A. Submit to COMMERCE the reporting package specified in OMB Super Circular 2 CFR 200.501,
reports required by the program-specific audit guide (if applicable), and a copy of any management
letters issued by the auditor.
B. 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 auditreview@commerce.wa.gov.
10. DEBARMENT
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:
F20-31440-206
SPECIAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
FEDERAL FUNDS
4
i. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal department or agency.
ii. 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;
iii. 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
iv. 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.
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 furth
Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered
ctions and in all
solicitations for lower tier covered transactions:
LOWER TIER COVERED TRANSACTIONS
i. 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.
ii. 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. INSURANCE
Each party certifies that it is self-insured under the State's or local government self-insurance liability
program, and shall be responsible for losses for which it is found liable.
12. FRAUD AND OTHER LOSS REPORTING
Contractor/Grantee shall report in writing all known or suspected fraud or other loss of any funds or
other property furnished under this Contract immediately or as soon as practicable to the Commerce
Representative identified on the Face Sheet.
13. ORDER OF PRECEDENCE
In the event of an inconsistency in this Contract, 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
F20-31440-206
SPECIAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
FEDERAL FUNDS
5
General Terms and Conditions
Attachment A Scope of Work
Attachment B Budget
Attachment C - Reporting
F20-31440-206
GENERAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
FEDERAL FUNDS
6
1. DEFINITIONS
As used throughout this Contract, the following terms shall have the meaning set forth below:
A. orized in writing to
B.
C.
Contractor, including any attachments, 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.
under this Contract, and shall include all employees and agents of the Contractor.
E.
se or receipt
of governmental services or other activities, addresses, telephone numbers, social security
numbers, driver license numbers, other identifying numbers, and any financial identifiers.
F.
G. "Subcontractor" shall mean one not in the employment of the Contractor, who is performing all or
part of those services under this Contract under a separate contract with the Contractor. The terms
2. ALL WRITINGS CONTAINED HEREIN
This Contract contains all the terms and conditions agreed upon by the parties. No other
understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to
exist or to bind any of the parties hereto.
3. AMENDMENTS
This Contract 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.
4. ASSIGNMENT
Neither this Contract, work thereunder, nor any claim arising under this Contract, shall be transferred
or assigned by the Contractor without prior written consent of COMMERCE.
5. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION
A.
i. All
COMMERCE;
ii.
and
iii. All personal information in the possession of the Contractor that may not be disclosed under
state or federal law.
B. The Contractor shall comply with all state and federal laws related to the use, sharing, transfer,
sale, or disclosure of Confidential Information. The Contractor shall use Confidential Information
solely for the purposes of this Contract and shall not use, share, transfer, sell or disclose any
Confidential Information to any third party except with the prior written consent of COMMERCE or
as may be required by law. The Contractor shall take all necessary steps to assure that Confidential
Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of
Confidential Information or violation of any state or federal laws related thereto. Upon request, the
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Contractor shall provide COMMERCE with its policies and procedures on confidentiality.
COMMERCE may require changes to such policies and procedures as they apply to this Contract
whenever COMMERCE reasonably determines that changes are necessary to prevent
unauthorized disclosures. The Contractor shall make the changes within the time period specified
by COMMERCE. Upon request, the Contractor shall immediately return to COMMERCE any
Confidential Information that COMMERCE reasonably determines has not been adequately
protected by the Contractor against unauthorized disclosure.
C. Unauthorized Use or Disclosure. The Contractor shall notify COMMERCE within five (5) working
days 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.
6. COPYRIGHT
Unless otherwise provided, all Materials produced under this Contract shall be considered "works for
hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall be
under the U.S. Copyright laws, the Contractor 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.
pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes,
to transfer these rights.
For Materials that are delivered under the Contract, but that incorporate pre-existing materials not
produced under the Contract, the Contractor 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 Contractor warrants and
represents that the Contractor has all rights and permissions, including intellectual property rights,
moral rights and rights of publicity, necessary to grant such a license to COMMERCE.
The Contractor shall exert all reasonable effort to advise COMMERCE, at the time of delivery of
Materials furnished under this Contract, 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 Contract. The
Contractor shall provide COMMERCE with prompt written notice of each notice or claim of infringement
received by the Contractor with respect to any Materials delivered under this Contract. COMMERCE
shall have the right to modify or remove any restrictive markings placed upon the Materials by the
Contractor.
7. DISPUTES
In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in
the following manner: Each party to this Agreement shall appoint one member to the Dispute Board.
The members so appointed shall jointly appoint an additional member to the Dispute Board. The
Dispute Board shall review the facts, Agreement terms and applicable statutes and rules and make a
determination of the dispute. The Dispute Board shall thereafter decide the dispute with the majority
prevailing. The determination of the Dispute Board shall be final and binding on the parties hereto. As
an alternative to this process, either of the parties may request intervention by the Governor, as
provided by RCW 43.17.330, in which event the Governor's process will control.
8. GOVERNING LAW AND VENUE
This Contract shall be construed and interpreted in accordance with the laws of the state of Washington,
and any applicable federal laws, and the venue of any action brought hereunder shall be in the Superior
Court for Thurston County.
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GENERAL TERMS AND CONDITIONS
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9. INDEMNIFICATION
Each party shall be solely responsible for the acts of its employees, officers, and agents.
10. LICENSING, ACCREDITATION AND REGISTRATION
The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and
registration requirements or standards necessary for the performance of this Contract.
11. RECAPTURE
In the event that the Contractor fails to perform this Contract in accordance with state laws, federal
laws, and/or the provisions of this Contract, 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 Contractor 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 Contract.
12. RECORDS MAINTENANCE
The Contractor shall maintain books, records, documents, data and other evidence relating to this
contract 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 contract.
The Contractor shall retain such records for a period of six (6) years following the date of final payment.
At no additional cost, these records, including materials generated under the contract, 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.
13. SAVINGS
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
after the effective date of this Contract and prior to normal completion, COMMERCE may suspend or
terminate the Contract under the "Termination for Convenience" clause, without the ten calendar day
notice requirement. In lieu of termination, the Contract may be amended to reflect the new funding
limitations and conditions.
14. SEVERABILITY
The provisions of this contract 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 contract.
15. SUBCONTRACTING
The Contractor may only subcontract work contemplated under this Contract if it obtains the prior written
approval of COMMERCE.
If COMMERCE approves subcontracting, the Contractor 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 Contractor to amend its subcontracting procedures as they
relate to this Contract; (b) prohibit the Contractor from subcontracting with a particular person or entity;
or (c) require the Contractor to rescind or amend a subcontract.
Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The
Contractor is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term
F20-31440-206
GENERAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
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9
or condition of this Contract. The Contractor shall appropriately monitor the activities of the
Subcontractor to assure fiscal conditions of this Contract. In no event shall the existence of a
subcontract operate to release or reduce the liability of the Contractor to COMMERCE for any breach
in the perf
Every subcontract shall include a term that COMMERCE and the State of Washington are not liable for
16. SURVIVAL
The terms, conditions, and warranties contained in this Contract that by their sense and context are
intended to survive the completion of the performance, cancellation or termination of this Contract shall
so survive.
17. TERMINATION FOR CAUSE
In the event COMMERCE determines the Contractor has failed to comply with the conditions of this
contract in a timely manner, COMMERCE has the right to suspend or terminate this contract. Before
suspending or terminating the contract, COMMERCE shall notify the Contractor in writing of the need
to take corrective action. If corrective action is not taken within 30 calendar days, the contract may be
terminated or suspended.
In the event of termination or suspension, the Contractor shall be liable for damages as authorized by
law including, but not limited to, any cost difference between the original contract and the replacement
or cover contract and all administrative costs directly related to the replacement contract, e.g., cost of
the competitive bidding, mailing, advertising and staff time.
COMMERCE reserves the right to suspend all or part of the contract, withhold further payments, or
prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged
compliance breach and pending corrective action by the Contractor or a decision by COMMERCE to
determined that the Contractor: (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 contract are not exclusive and are in addition
to any other rights and remedies provided by law.
18. TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Contract, COMMERCE may, by ten (10) business days written
notice, beginning on the second day after the mailing, terminate this Contract, in whole or in part. If this
Contract is so terminated, COMMERCE shall be liable only for payment required under the terms of
this Contract for services rendered or goods delivered prior to the effective date of termination.
19. TERMINATION PROCEDURES
Upon termination of this contract, COMMERCE, in addition to any other rights provided in this contract,
may require the Contractor to deliver to COMMERCE any property specifically produced or acquired
for the performance of such part of this contract as has been terminated. The provisions of the
"Treatment of Assets" clause shall apply in such property transfer.
COMMERCE shall pay to the Contractor the agreed upon price, if separately stated, for completed
work and services accepted by COMMERCE, and the amount agreed upon by the Contractor and
COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially
completed work and services, (iii) 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 contract.
COMMERCE may withhold from any amounts due the Contractor such sum as the Authorized
Representative determines to be necessary to protect COMMERCE against potential loss or liability.
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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 Contractor shall:
A. Stop work under the contract on the date, and to the extent specified, in the notice;
B. Place no further orders or subcontracts for materials, services, or facilities except as may be
necessary for completion of such portion of the work under the contract that is not terminated;
C. 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 Contractor under the orders and
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 subcontracts;
D. 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
Authorized Representative may require, which approval or ratification shall be final for all the
purposes of this clause;
E. 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 contract had been completed, would have
been required to be furnished to COMMERCE;
F. Complete performance of such part of the work as shall not have been terminated by the Authorized
Representative; and
G. 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 contract, which is in the possession of
the Contractor and in which the Authorized Representative has or may acquire an interest.
20. TREATMENT OF ASSETS
Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property
furnished by the Contractor, for the cost of which the Contractor is entitled to be reimbursed as a direct
item of cost under this contract, shall pass to and vest in COMMERCE upon delivery of such property
by the Contractor. Title to other property, the cost of which is reimbursable to the Contractor under this
contract, shall pass to and vest in COMMERCE upon (i) issuance for use of such property in the
performance of this contract, or (ii) commencement of use of such property in the performance of this
contract, 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 Contractor shall, unless otherwise provided herein
or approved by COMMERCE, be used only for the performance of this contract.
B. The Contractor shall be responsible for any loss or damage to property of COMMERCE that results
from the negligence of the Contractor or which results from the failure on the part of the Contractor
to maintain and administer that property in accordance with sound management practices.
C. If any COMMERCE property is lost, destroyed or damaged, the Contractor shall immediately notify
COMMERCE and shall take all reasonable steps to protect the property from further damage.
D. The Contractor shall surrender to COMMERCE all property of COMMERCE prior to settlement
upon completion, termination or cancellation of this contract
All reference
or Subcontractors.
21. 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 Contract unless stated to be
such in writing and signed by Authorized Representative of COMMERCE.
F20-31440-206
Attachment A
Scope of Work
11
PURPOSE AND BACKGROUND:
to support the work of the Valley Narcotics Enforcement Team (VNET). A primary focus of the Task Force
is cooperative, investigative work to identify, interdict, dismantle, and prosecute mid- to upper-level criminal
organizations engaged in illicit gang, gun, and drug activities. COMMERCE strongly encourages the use of
evidence-based practices that have been proven effective through rigorous evaluation. COMMERCE will
provide funding and Peer Review of the Task Force; and the Contractor will provide support for the task
items necessary to carry out this Agreement.
The Contractor shall provide or perform the following:
1. Description of the Structure of and Participating Partners in Multi-Jurisdictional Task Force:
A. Identify members of the Regional Task Force, which must consist of the following:
a. 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.
b. Support staff (minimum of half-time).
c. 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;
d. Gang Liaison (may be another member of the local task force).
e. Analyst (Optional); and
B. Discuss participating partners in the Task Force. 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; and
2. Maintain a task force personnel roster that includes course completion certificates. This information
may be requested by COMMERCE or BJA post award to ensure compliance; and
3. Ensure each member of the Task Force completes the online task force training within 120 days of
award acceptance. All future Task Force members are required to complete this training once during
the life of this award or once every four years if multiple awards include this requirement. (See Center
for Task Force Training Online Training Portal (centf.org); and
4. -Annual) Training. Attendance by key
personnel is mandatory unless waiver is granted by COMMERCE; and
5. Ensure the Task Force will agree to an audit of its performance, a minimum of once per biennium, and
to participate in a follow-up of the Peer Review; and
F20-31440-206
Attachment A
Scope of Work
12
6. Ensure the 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; and
7. Ensure the Task Force will comply with COMMERCE and BJA on the collection of required performance
measurement data. The Task Force will complete the required reports using the BJA Performance
Measure Tool (PMT). It is required to select and report on all accountability measures that pertain to
JAG-funded activities. The Task Force is responsible for creating a report within the PMT and uploading
it. (See https://bjapmt.ojp.gov/help/jagdocs.html ); and
8. Complete Fiscal and Administrative requirements, as measured by:
-In/First-Out tracking and quarterly reporting of Program Income funds
(Forfeitures).
-19 (Reimbursement Requests/Vouchers) by the 20th of the
month following the reported quarter through Secure Access Washington (SAW):
https://secureaccess.wa.gov/; and
9. Complete quarterly performance measures and deliverable reports for COMMERCE. Reports are due
on the 20th of the month following the reporting quarter. Reports should be submitted simultaneously
with quarterly invoice; late receipt of reports may prevent or delay invoice processing and/or payment.
The intent of the reports are to provide data to (1) conduct evaluations and performance
measurement that will address the effectiveness and efficiency of Task Force operations and (2) use
the reported information to improve program planning and implementation. Reports due to
COMMERCE will be submitted at
https://app.smartsheet.com/b/form/45be9fc65e264a9eb9258778e97ba88f . NOTE: All report
information provided should pertain to task force activity and not the activity of the entire jurisdiction
or law enforcement agency housing the task force. Reporting Elements:
Narratives:
What were the major accomplishments during the reporting period? What goals and objectives
were accomplished during the reporting period as they relate to mission of the Task Force?
Describe the project activities that occurred during the reporting period and include the dates.
What problems/barriers did you encounter, if any, within the reporting period? Is there any
assistance that COMMERCE can provide to address any problems/barriers identified?
What major activities are planned for the next quarter?
sion as measured by cooperative,
investigative work to identify, interdict, dismantle, and prosecute mid- to upper-level criminal
organizations engaged in illicit gang, gun, and drug activities.
Review & Trainings:
Has a peer review been conducted of your Task Force during this biennium? If so, when? If not,
when is this scheduled?
when is this scheduled?
Investigations/Cases:
Total number of new investigations/cases initiated during the quarter.
Total number of Task Force cases active at the beginning of the quarter.
Total number of cases remaining active at the end of the quarter .
Arrest activity resulting from task force operations:
Number of adult and juvenile arrests resulting from task force activities
Type of arrests
Number of individuals arrested for one or more drug offenses
F20-31440-206
Attachment A
Scope of Work
13
Number of individuals arrested for one or more violent criminal offenses
Number of individuals arrested for one or more firearm-related offenses
Breakdown of arrests: individual demographics (age, race, gender)
Total number of charges associated with arrests related to drug sales/manufacture; weapons;
homicide; aggravated assault; and robbery.
Number and percentage of arrests that were for multiple arrest cases (40% required)
Drug and Property Seizures:
Type, amount, and value of material (e.g., firearms, money, vehicles) seized and forfeited
o Type, amount, and value of drug/narcotics seized
Prosecution:
Number of state or federal prosecutions for Task Force cases
Number of sentence type for Task Force cases (e.g., fine, probation, jail, prison)
Death in Custody:
For each death in custody, the following information must be captured:
Date, time, location of death
Law enforcement or correctional agency involved
Manner of death
Description of the circumstances leading to the death
10. Complete a final report for COMMERCE, which will be a compilation of all quarterly reports and will
include a comparison across quarters and year-to-date, overall accomplishments, and lessons
learned. The Task Force will provide a non-technical brief for a general audience that summarizes
findings and policy implications that will be disseminated. This is due no later than the 20 th of the
month following the expenditure of all funds or October 20, 2023. Submit at:
https://app.smartsheet.com/b/form/45be9fc65e264a9eb9258778e97ba88f .
F20-31440-206
Attachment B
Budget
14
GENERAL:
The total budget awarded under this Agreement shall be the amount specified in Block 5 of this
The total Federal funds awarded under this Agreement shall be the amount specified in Block 9 of this
Allocation of funds between categories of expense shall be:
Budget Total
Salaries $82,719.00
Benefits $50,811.00
Goods and Services $93,033.00
Total $226,563.00
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. The Contractor will contact Commerce Program
Manager for approval prior to moving funds. 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
Performance reports are due the 20th of the month following the reporting quarter; 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 the
corresponding federal quarterly report, the report will be rejected and no payment will be 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
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
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:
UEI (Unique Entity ID) 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.
F20-31440-206
Attachment B
Budget
15
Center of Task Force Leadership and Integrity Training through the www.ctfli.org 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,
Responsive to audit, monitoring or evaluation findings by the specified response date
Compliance with the Task Force Staffing and Participation Model:
any Periodic 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
Allocation Dedicated Personnel Participating
4,5
Full Compliance 100%
4.0 Law Enforcement *1
1.0 Prosecutor *2
.5 Support Staff *3
3 Agencies
Low
Participation 88%
4.0 Law Enforcement *1
1.0 Prosecutor *2
.5 Support Staff *3
2 Agencies
Dedication 75%
3.0 Law Enforcement *1
1.0 Prosecutor *2
.5 Support Staff *3
3 Agencies
Low in both
Agency Participation
Dedication
63%
3.0 Law Enforcement *1
1.0 Prosecutor *2
.5 Support Staff *3
2 Agencies
Too Low
Not Eligible for Funding 0%
Any level below:
3.0 Law Enforcement *1
1.0 Prosecutor *2
.5 Support Staff *3
or 1 Agency
*1 Staffing standard for commissioned law enforcement personnel is four 100% dedicated officers
*2 Staffing standard for Prosecutors/Deputy Prosecutors is one 100% dedicated prosecutor, or
demonstration that no task force generated case is declined due to staffing any staffing below this
*3 Staffing standard for task force administrative/support staff is one half-time individual any staffing
below this is consid
*4
management structure and that they have standing authority to participate in any case selected for
investigation by the task force.
*5 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
For this purpose the maximum amount which may be reimbursed for one quarter is one-fourth of the total
table. The Non-
duration.
F20-31440-206
Attachment B
Budget
16
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.
F20-31440-206
Attachment C
Reporting
17
1. Commerce Reports: Refer to section 9 in the Scope of Work for what is required to be reported
to COMMERCE Quarterly and section 10 for a yearly report. This should be uploaded to
smartsheet at https://app.smartsheet.com/b/form/45be9fc65e264a9eb9258778e97ba88f . This
report is due on the 20th of the month following the reporting quarter. Report should be submitted
simultaneously with quarterly invoice; late receipt of reports may prevent or delay invoice
processing and/or payment.
2. Federal Reports: Quarterly, submit federal reports in the PMT system (https://ojpsso.ojp.gov/ .)
For more information on what will be reported on, visit https://bjapmt.ojp.gov/help/jagdocs.html .
This report is due on the 20th of the month following the reporting quarter. Report should be
submitted simultaneously with quarterly invoice; late receipt of reports may prevent or delay
invoice processing and/or payment.
Updated 8/3/2022
DocuSign Standard Contract Review and Routing Form
Office of Firearm Safety and Violence Prevention Public Safety
Type of Action: New Contract/Grant Amendment IAG
Federal State
Program/Project Name: Multijurisdictional Task Force
Contractor/Grantee Name: Rafael Padilla
Contract/Grant Number: F20-31440-206
Term: 7/1/2022 to 9/30/2023
Reviewed by: Title: I verify that I have: Initials: Date:
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Subject: Please DocuSign: F20-31440-206 - Contract - Multijurisdictional Task Force
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Community Services and Housing
Program: Multijurisdictional Task Force
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1011 Plum Street SE
MS 42525
Olympia, WA 98504-2525
liam.lammey@commerce.wa.gov
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