HomeMy WebLinkAboutContract23-00258 Renton FY22 JAG MOU Contract Page 1 of 7
Memorandum of Understanding -Contract
Edward Byrne Memorial
Justice Assistance Grant (JAG) Program
FY 2022 Local Solicitation
Executed by
City of SeattleDepartmentAuthorizedRepresentative: Kathryn Finau6105thAvenuePOBox34986Seattle, WA 98124-4986
and
City of Renton, UEI UG2PSBS6UJJ3, hereinafter referred to as “Subrecipient” JAG Grant Manager: Commander Swain1055SGradyWayRenton, WA 98057-3232
CAG-23-059
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IN WITNESS WHEREOF, the parties have executed this Agreement by having theirrepresentativesaffixtheirsignaturesbelow.
City of Renton City of Seattle
Armondo Pavone, Mayor Brian Maxey, Chief Operating OfficerSeattlePoliceDepartment
Date: _________ Date: ____________
Authorized by: Edward Byrne Memorial Justice Assistance Grant (JAG) ProgramWHEREAS, the Justice Assistance Grant (JAG) Program is the primary provider of federalcriminaljusticefundingtostateandlocaljurisdictions; andWHEREAS, the JAG Program supports all components of the criminal justice system, frommulti-jurisdictional drug and gang task forces to crime prevention and domesticviolenceprograms, courts, corrections, treatment, and justice information sharinginitiatives; andWHEREAS, the United States Congress authorized $829,956 in the Justice Assistance Grant (JAG) Program for jurisdictions in King County; andWHEREAS, 13 jurisdictions in King County were required to apply for a JAG Program awardwithasingle, joint application; andWHEREAS, the City of Seattle (“City”), as the identified Fiscal Agent, had DOJ submit thejointapplicationtotheBureauofJusticeAssistanceonAug8, 2022 to request JAGProgramfunds; andWHEREAS, based on the City’s successful application, the Bureau of Justice Assistance hasawarded $829,956 to the City from these JAG Program funds; andWHEREAS, pursuant to the terms of the grant whereby the City, as the identified FiscalAgentforthisaward, is to distribute grant funds to co-applicants, the City intends totransfersomeoftheJAGfundsitreceivestothoseco-applicants; andWHEREAS, the City is not obligated to continue or maintain grant funding levels for the JAGProgramoncegrantfundshavelapsed; andWHEREAS, Subrecipients of JAG funds from the City should not anticipate the City willassumeresponsibilityforanyprogramcostsfundedbyJAGonceJAGfundsarespent;
NOW THEREFORE, the parties hereto agree as follows:
Attest:
Jason A. Seth, City Clerk
3-2-2023
Brian Maxey (Mar 7, 2023 12:50 PST)
03/07/2023
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This Interagency Agreement contains seven Articles:
ARTICLE I: TERM OF AGREEMENTThetermofthisInteragencyAgreement shall be in effect from the date it is executed, untilSeptember30, 2025, unless terminated earlier pursuant to the provisions hereof.
ARTICLE II: DESCRIPTION OF SERVICESTheservicestobeperformedunderthisAgreement shall be conducted for the statedpurposesoftheByrneMemorialJusticeAssistanceGrant (JAG) Program (42 U.S.C. 3751(a.) The Edward Byrne Memorial Justice Assistance Grant (JAG) Program is the primaryprovideroffederalcriminaljusticefundingtostateandlocaljurisdictions. The JAGProgramprovidesstatesandunitsoflocalgovernmentswithcriticalfundingnecessary tosupportarangeofprogramareasincludinglawenforcement; prosecution and courtprograms; prevention and education programs; corrections and community corrections; drug treatment and enforcement; crime victim and witness initiatives; and planning, evaluation, and technology improvement programs.
ARTICLE III: SPECIAL CONDITIONS1. Funds are provided by the U.S. Department of Justice, Office of Justice Programs, BureauofJusticeAssistancesolelyforthepurposeoffurtheringthestatedobjectivesoftheEdwardByrneMemorialJusticeAssistanceGrant (JAG) Program. The Subrecipient shallusethefundstoperformtasksasdescribedintheScopeofWorkportionofthisAgreement. 2. The Subrecipient acknowledges that because this Agreement involves federal funding, the period of performance described herein will likely begin prior to the City’s receiptofappropriatedfederalfunds. The Subrecipient agrees that it will not hold the City ortheDepartmentofJusticeliableforanydamages, claim for reimbursement, or any typeofpaymentwhatsoeverforservicesperformedunderthisAgreementpriortotheCity’sreceiptanddistributionoffederalfunds. 3. This contract is funded with federal grant funds under CFDA 16.738. The grant is FY2022JusticeAssistanceGrantProgramAward #15PBJA-22-GG-02095-JAGX. All federalfinancialandgrantmanagementrulesandregulationsmustbeadheredtointheexecutionofthiscontract. Exhibit Attachment A is a copy of the federal awarddocuments. All special conditions stated in the award documents apply to the executionofthiscontract. All Subrecipients are assumed to have read, understood, and acceptedtheAwardasbinding. 4. The Subrecipient acknowledges that all allocations and use of funds under thisagreementwillbeinaccordancewiththeEdwardByrneMemorialJusticeAssistanceGrant (JAG) Program: FY 2022 Local Solicitation. Allocation and use of grant fundingmustbecoordinatedwiththegoalsandobjectivesincludedintheLocalSolicitation. AllSubrecipientsareassumedtohaveread, understood, and accepted the LocalSolicitationasbinding.
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5. Subrecipient agrees to obtain a valid DUNS profile and create an active registration withtheCentralContractorRegistration (CCR) database no later than the due date of theSubrecipient’s first quarterly report after a subaward is made. 6. The Subrecipient shall comply with all applicable laws, regulations, and programguidance. The Uniform Administrative Requirements, Cost Principles, and AuditRequirementsin2C.F.R. Part 200, as adopted and supplemented by the Department ofJustice (DOJ) in 2 C.F.R Part 2800 (together, the “Part 200 Uniform Requirements”) apply to this 2020 award from the Office of Justice Programs (OJP). 7. The Subrecipient must comply with the most recent version of the AdministrativeRequirements, Cost Principals, and Audit Requirements. a. Non-Federal entities that expend $750,000 or more in one fiscal year in Federalawardsshallhaveasingleorprogram-specific audit conducted for that year inaccordancewiththeOfficeofManagementandBudget (OMB) Circular A-133-Audits of States, Local Governments, and non-Profit Organizations. Non-federalentitiesthatspendlessthan $750,000 a year in federal awards are exempt fromfederalauditrequirementsforthatyear, except as noted in Circular No. A-133, butrecordsmustbeavailableforrevieworauditbyappropriateofficialsoftheFederalagency, pass-through entity, and General Accounting Office (GAO). b. Subrecipients required to have an audit must ensure the audit is performed inaccordancewithGenerallyAcceptedAuditingStandards (GAAS), as found in theGovernmentAuditingStandards (the Revised Yellow Book) developed by theComptrollerGeneralandtheOMBComplianceSupplement. The Subrecipient hastheresponsibilityofnotifyingtheWashingtonStateAuditor’s Office andrequestinganaudit. c. The Subrecipient shall maintain auditable records and accounts so as to facilitatetheauditrequirementandshallensurethatanysub-recipients also maintainauditablerecords. d. The Subrecipient is responsible for any audit exceptions incurred by its ownorganizationorthatofitssubcontractors. Responses to any unresolvedmanagementfindingsanddisallowedorquestionedcostsshallbeincluded withtheauditreportsubmittedtotheSeattlePoliceDepartment. The Subrecipientmustrespondtorequestsforinformationorcorrectiveactionconcerningauditissuesorfindingswithin30daysofthedateofrequest. The City reserves the righttorecoverfromtheSubrecipientalldisallowedcostsresultingfromtheaudit. e. If applicable, once any single audit has been completed, the Subrecipient mustsendafullcopyoftheaudittotheCityandaletterstatingtherewerenofindings, or if there were findings, the letter should provide a list of the findings. TheSubrecipientmustsendtheauditandtheletternolaterthanninemonthsafter theendoftheSubrecipient’s fiscal year(s) to: Kathryn Finau, JAG Program ManagerSeattlePoliceDepartment
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610 5th AvenuePOBox34986Seattle, WA 98124-4986206-233-3722Kathryn.finau3@seattle.gov
f. In addition to sending a copy of the audit, the Subrecipient must include acorrectiveactionplanforanyauditfindingsandacopyofthemanagement letter ifonewasreceived. The Subrecipient shall include the above audit requirements inanysubcontracts. g. The Subrecipient agrees to cooperate with any assessments, national evaluationefforts, or information or data collection requirements, including, but not limitedto, the provision of any information required for assessment or evaluation ofactivitieswithinthisagreement, and for compliance BJA reporting requirements. h. Suspension and Debarment: The Subrecipient certifies that neither it nor itsprincipalsarepresentlydebarred, suspended, proposed for debarment, declaredineligible, or voluntarily excluded from participating in transactions by anyFederaldepartmentoragency. By signing and submitting this Agreement, theSubrecipientisprovidingthesignedcertificationsetoutbelow. The certificationthisclauseisamaterialrepresentationoffactuponwhichreliancewasplacedwhenthistransactionwasenteredinto. If it is later determined that the Subrecipient rendered an erroneous certification, the Federal Government and City may pursue available remedies, includingterminationand/or debarment. The Subrecipient shall provide immediate writtennoticetotheCityifatanytimetheSubrecipientlearnsthatitscertificationwaserroneouswhensubmittedorhasbecomeerroneousbyreasonofchangedcircumstances. The Subrecipient agrees by signing this Agreement that it shall not enter into anycoveredtransactionwithapersonorsubcontractorwhoisdebarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded fromparticipationinthiscoveredtransaction, unless authorized in writing by the City. The Subrecipient shall include the requirement in this section in any subcontracts.
ARTICLE IV: SCOPE OF WORKTheScopeofWorkofthisAgreement and the time schedule for completion of such work isasdescribedinAttachmentB: JAG Budget Worksheet, as approved by BJA. Attachment B isattachedtoandmadepartofthisagreement. The work shall, at all times, be subject to the City’s general review and approval. TheSubrecipientshallconferwiththeCityperiodicallyduringtheprogressoftheWork, andshallprepareandpresentsuchinformationandmaterials (e.g. a detailed outline ofcompletedwork) as may be pertinent, necessary, or requested by the City or BJA todeterminetheadequacyoftheWorkorSubrecipient’s progress.
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ARTICLE V: PAYMENT1. CompensationTheSubrecipient shall be reimbursed on an actual cost basis. Compensation under thisAgreementcannotexceed $33,532. The Subrecipient shall incur authorized allowable expenses in accordance with theProjectBudget, as detailed in Attachment B. The Subrecipient may request additional reimbursement up to the amount of interestaccruedontheirportionofthegrantaward. The City will provide quarterly statementstotheSubrecipient, once the interest balance accrued equals at least $1,000. Reimbursements will not be made for interest accrued that is less than $1,000. Reimbursements can be requested, up to the total amount of interest accrued, after theinitialquarterlystatementhasbeensent, to perform tasks in accordance with theProjectBudget, as detailed in Attachment B. No travel or subsistence costs, including lodging and meals, reimbursed with federalfundsmayexceedfederalmaximumrates, which can be found at: http://www.gsa.gov. 2. Manner of PaymentTheSubrecipientshall submit reimbursement requests not more than monthly, and atleastquarterly. After the first quarter, monthly submission is preferred. Requests are due no later than 30 days after the end of the period in which the workwasperformed. Reimbursement request forms are provided. Substitute forms areacceptable. With each reimbursement request, the Subrecipient shall submit: Detailed spreadsheet of expenditures by task and related financial documents (timesheets, invoices) These documents and invoices must be kept on file by the Subrecipient and be madeavailableuponrequestbytheCityortostateorfederalauditors, for at least sixyearsaftertheclosureofthegrant. Reimbursement will not be processed without accompanying documentation for thecorrespondingcosts. Once the above conditions are met, payment shall be made by theCitytotheSubrecipient. Submit invoicing to Submit Documentation toFiscalAccountsPayableSeattlePoliceDepartment6105thAvenuePOBox34986Seattle, WA 98124-4986SPDAP@seattle.gov
Kathryn Finau, JAG Program ManagerSeattlePoliceDepartment6105thAvenuePOBox34986Seattle, WA 98124-4986206-233-3722Kathryn.finau3@seattle.gov
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ARTICLE VI. COOPERATION IN MONITORING AND EVALUATION1. SPD Responsibilities: SPD shall monitor, evaluate and provide guidance and direction to Subrecipient in theconductofApprovedServicesperformedunderthisAgreement. SPD has theresponsibilitytodeterminewhetherSubrecipienthasspentfundsinaccordance withapplicablelaws, regulations, including the federal audit requirements and agreementsandshallmonitortheactivitiesofSubrecipienttoensurethatSubrecipienthasmetsuchrequirements. SPD may require Subrecipient to take corrective action ifdeficienciesarefound. SPD will not monitor Subrecipient’s adherence to SpecialConditions31-41 and 70 in the Grant Award and Special Conditions documents. 2. Subrecipient Responsibilities. a. Subrecipient shall permit SPD to carry out monitoring and evaluation activities, including any performance measurement system required by applicable law, regulation, funding sources guidelines or by the terms and conditions of theapplicableNoticeofPrimeAward, and Subrecipient agrees to ensure, to the greatestextentpossible, the cooperation of its agents, employees and board members insuchmonitoringandevaluationefforts. This provision shall survive the expirationorterminationofthisAgreement. b. Subrecipient shall cooperate fully with any reviews or audits of the activities underthisAgreementbyauthorizedrepresentativesofSPD, DOJ, the U.S. GovernmentAccountabilityOfficeortheComptrollerGeneraloftheUnitedStatesandSubrecipientagreestoensuretotheextentpossiblethecooperationofitsagents, employees and board members in any such reviews and audits. This provision shallsurvivetheexpirationorterminationofthisAgreement.
ARTICLE VII: AMENDMENTSNomodificationoramendment of the provisions hereof shall be effective unless in writingandsignedbyauthorizedrepresentativesofthepartieshereto. The parties heretoexpresslyreservetherighttomodifythisAgreement, by mutual agreement.
Purpose Area #4
A. Personnel
Name Position
List each name, if known.List each position, if known.
Grant Administration 10% of $829,956 (maximum)hourly $29,794 $29,794
Crime Prevention Coordinator One hourly $70,289 $70,289
Crime Prevention Coordinator Two hourly $70,289 $70,289
Crime Prevention Coordinator Three hourly $70,289 $70,289
$240,661 $0 $240,661
Narrative
$57.30 2,080 25%
Seattle Police Department will utilize less than the allowable 10% of its allocation for Grant Administration and Management. The Grant Manager will spend approximately 520 hours per
year working on JAG.
75% approximately of salary and benefits for City of Seattle costs associated with the preservation of 3 Crime Prevention Coordinator Positions in the Seattle Police Department.
Seattle will use a portion of the interest earned to cover the cost of Fiscal analyst up to 50 hours of OT to prepare financial reports (hourly rate $53.20 x1.5 = $79.80 OT hourly rate x 50
hours = $3,990. The OT fringe rate is $3,990 x 0.0765 = $305.24. Total Fiscal Analyst personnel and fringe = $4,295.24).
Budget Detail - Year 1
Federal
RequestRateTime Worked
(# of hours, days, months,
years)
Total Cost Non-Federal
Contribution
Show annual salary rate & amount of time devoted to the project for each name/position.
Computation
Salary Percentage of
Time
Does this budget contain conference costs which is defined broadly to include meetings, retreats, seminars, symposia, and training activities? - Y/N
(DOJ Financial Guide, Section 3.10)
$45.06 2,080 75%
$45.06 2,080 75%
$45.06 2,080 75%
Total(s)
1
Purpose Area #4
B. Fringe Benefits
$11,137 $11,137
$26,275 $26,275
$26,275 $26,275
$26,275 $26,275
$89,962 $0 $89,962
Narrative
Grant Administration $29,794.00 37.38%
Federal
Request
Computation
Show the basis for computation.List each grant-supported position receiving fringe benefits.
Name
Rate Total Cost Non-Federal
ContributionBase
Total(s)
Fringe is average of 37.38% of base salary per individual and includes FICA, Medicare, Health Care, Life Insurance, Pension, Death Benefit and EAP.
Seattle will use a portion of the interest earned to cover the cost of Fiscal analyst up to 50 hours of OT to prepare financial reports (hourly rate $53.20 x1.5 = $79.80 OT hourly rate x 50
hours = $3,990. The OT fringe rate is $3,990 x 0.0765 = $305.24. Total Fiscal Analyst personnel and fringe = $4,295.24).
CPC Three $70,289.00 37.38%
CPC Two $70,289.00 37.38%
CPC One $70,289.00 37.38%
2
Purpose Area #4
C. Travel
Purpose of Travel Type of Expense Basis
Indicate the purpose of each trip or
type of trip (training, advisory
group meeting)
Lodging, Meals, Etc.Per day, mile,
trip, Etc.
N/A $0 $0
$0 $0 $0
Narrative
Total(s)
Total Cost Non-Federal
Contribution
Indicate the travel destination.
Location
# of
Trips
Computation
Compute the cost of each type of expense X the number of people traveling.
Federal
RequestCostQuantity# of Staff
3
Purpose Area #4
D. Equipment
$0 $0
$0 $0 $0
Narrative
Total Cost Non-Federal
Contribution
Computation
Federal
Request
List and describe each item of equipment that will be purchased
Item
Compute the cost (e.g., the number of each item to be purchased X the cost per item)
# of Items Unit Cost
Total(s)
4
Purpose Area #4
E. Supplies
$0 $0
$0 $0 $0
Narrative
# of Items
Provide a list of the types of items to be purchased with grant funds.
Supply Items
Unit Cost
Computation
Describe the item and the compute the costs. Computation: The number of each item to be purchased X the cost per item.
Total Cost Non-Federal
Contribution
Federal
Request
Total(s)
5
Purpose Area #4
F. Construction
Purpose
Provide the purpose of the
construction
$0 $0
$0 $0 $0
Narrative
Total Cost# of Items
Computation
Total(s)
Non-Federal
Contribution
Federal
Request
Compute the costs (e.g., the number of each item to be purchased X the cost per item)
Description of Work
Describe the construction project(s)
Cost
6
Purpose Area #4
$10,335 $10,335
$10,532 $10,532
$36,255 $36,255
$18,505 $18,505
$20,703 $20,703
$10,138 $10,138
$38,387 $38,387
$46,721 $46,721
$245,385 $245,385
$33,532 $33,532
$13,813 $13,813
$15,027 $15,027
$499,333 $0 $499,333
Purpose of Travel
Indicate the purpose of each trip or
type of trip (training, advisory
group meeting)
$0 $0
$0 $0 $0
Narrative
Type of Expense
Hotel, airfare, per diem
Federal
Request
Total(s)
Tukwila
Consultant Travel (if necessary)
Location
Indicate the travel destination.
G. Subawards (Subgrants)
Non-Federal
Contribution
Non-Federal
Contribution
Burien Exercise equipment and Community engagement supplies No
Bellevue Officer overtime cost associated with the targeted anti-crime initiative No
Auburn
Police OT for Citizens Academy 40 hours at $73.15 salary and 15% Frings =
$9087; Police OT for Fireworks Emphasis 265 hours at $73.15 salary and 15%
fringe = $22,293: $478 for rental of trailer for Fireworks Emphasis
No
Purpose
Describe the purpose of the subaward (subgrant)
Consultant?
Is the subaward for a
consultant? If yes, use
the section below to
explain associated
travel expenses
included in the cost.
H. Procurement Contracts
Kirkland $10,532
The Kirkland Police Department will use the grant funding of $10,532 and a cost sharing of $20,801 in Narcotic Seizure Funds for the following purchase:
Under the GSA Contract No. GS-07F-6099R: 1.00 800-01045-01 TruNarc, Unlimited, Warranty - 5 Yrs., Train-12
6.30% $31,203.02
List Price: $33,300.00
GSA Item
TruNarc Unlimited Model with 5 years of warranty. Includes factory repair, loaner units when available and 24/7 technical support. Companion PC TruNarc admin
software, unlimited access to TruNarc eLearning course and free basic software updates to core narcotics library are provided for the life of the instrument. Includes
TruNarc on-site instructor led training for up to 12 students within the Continental United States (CONUS) - expires 9 months after date of purchase.
Shoreline: $10,335
Patrol Counter Ambush Instructor Course, Nacogdoches, TX: Registration: 6 officers X $900 = $5,400.00; Meals: 6 officers x $324.50 = $1,947.00; Airfare: 6 officers X $440 = $2,640.00;
Transportation to training center 6 X $58 = $348.00
Consultant?
Compute the cost of each type of expense X the number of people traveling.
Description
Provide a description of the products or services to be procured by
contract and an estimate of the costs. Applicants are encouraged to
promote free and open competition in awarding contracts. A separate
justification must be provided for sole source procurements in excess
of the Simplified Acquisition Threshold (currently $150,000).
Purpose
Describe the purpose of the contract
Is the subaward for a
consultant? If yes, use
the section below to
explain associated
travel expenses
included in the cost.
Federal
RequestTotal Cost
Computation
Federal
Request
Reality based training aids, including force-on-force tools to be used in
observed training scenarios. No
SeaTac Officer overtime cost for training $3,500, ATERRT Training $5,903, Black
Hawk Dynamic Entry Kits $5,003.91 No
Renton
Tina Harris/Victim Advocate Overtime hourly + fringe rate $110.00 x 49.00
hours = $5,390.00; CCAW conference in DallasTX $2400 x 3 officers =
$7,200.00; PSPSA conference in San Diego CA $2050 x 2 officers = $4,100.00;
No
King County 50% Patty Noble Desy, Executive Analyst III
100% Midia De Souza, Executive Analyst I No
Total
Cost
Duration
or
Distance
# of
Staff
Total Cost Non-Federal
Contribution
Kirkland TruNarc Unlimited with five-year warranty, technical support, and training. No
Total Cost
Kent
New Connections Lifeskils classes at jail, one year of contracted services =
$26,721.00; Graffiti removal supply kits, 10 graffiti removal kits x $500 per kit
= $5,000.00;
No
Federal Way Bomb Disposal / Safety Equipment $5,000.00; SafeCity Security Camera
Hardware/Software $33,387.00 No
Des Moines Evidence fence materials and installation for evidence intergrity No
Shoreline 6 officers will attend the Patrol Counter Ambush Instructor Course,
Nacogdoches, TX No
Provide a description of the activities to be carried out by subrecipients.
Description
7
Purpose Area #4
$0
$0 $0 $0
Purpose of Travel
Indicate the purpose of each trip or
type of trip (training, advisory
group meeting)
$0 $0
$0 $0 $0
Narrative
I. Other Costs
$0 $0
$0 $0 $0
Narrative
Total(s)
Federal
Request
Consultant Travel (if necessary)
Total
Type of Expense Computation
Indicate the travel destination.Hotel, airfare, per diem Compute the cost of each type of expense X the number of people traveling.
Cost
Duration
or
Distance
# of
Staff Total Cost Non-Federal
Contribution
Total(s)
Computation
Show the basis for computation
List and describe items that will be paid with grants funds (e.g. rent,
reproduction, telephone, janitorial, or security services, and
investigative or confidential funds).
Description
CostQuantityBasis Length of Time Federal
Request
Non-Federal
ContributionTotal Cost
Location
8
Purpose Area #4
J. Indirect Costs
$0 $0
$0 $0 $0
Narrative
Describe what the approved rate is and how it is applied.
Description Computation
Compute the indirect costs for those portions of the program which allow such costs.
Base Total Cost Non-Federal
Contribution
Federal
Request
Total(s)
Indirect Cost Rate
9