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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 23-00258 Renton FY22 JAG MOU Contract Page 2 of 7 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 23-00258 Renton FY22 JAG MOU Contract Page 3 of 7 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. 23-00258 Renton FY22 JAG MOU Contract Page 4 of 7 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 23-00258 Renton FY22 JAG MOU Contract Page 5 of 7 610 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. 23-00258 Renton FY22 JAG MOU Contract Page 6 of 7 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 23-00258 Renton FY22 JAG MOU Contract Page 7 of 7 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