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HomeMy WebLinkAboutContractcAG-20-103 Memorandum of Understanding -Contract Edward Byrne Memorial |ustice Assistance Grant (IAG) Program FY 2018 Local Solicitation Executed by City of Seattle Department Authorized Representative: Faye Landskov 610 sth Avenue P0 Box 34986 Seattle, WA 98t24-4986 and City of Renton, hereinafter referred to as "Subrecipient" |AG Grant Manager: Deputy Chief Kevin Keyes 1055 GradyWay Renton, WA 98057 City of Renton t.s #20-00464 pg. 1 IN WITNESS WHEREOF, the parties have executed this Agreement by having their representatives affix their signatures below. City of Renton City of Seattle 5-L2-2020 Armondo Pavone, Mayor Date Mark R Baird, Chief 0perating Officer Seattle Police Departmentth5-12-2020 AODate |ason Seth, City Clerk Date Approved by Alex Tuttle via 4/9/2O20 Email Shane Maloney, City Attorney Date Authorized by: Edward Byrne Memorial Justice Assistance Grant (IAG) Program WHEREAS, the fustice Assistance Grant flAG) Program is the primary provider of federal criminal justice funding to state and local jurisdictions; and WHEREAS, the fAG Program supports all components of the criminal justice system, from multi-jurisdictional drug and gang task forces to crime prevention and domestic violence programs, courts, corrections, treatment, and justice information sharing initiatives; and WHEREAS, the United States Congress authorized $68L,367 in the Justice Assistance Grant flAG) Program for jurisdictions in King County; and WHEREAS, 11 jurisdictions in King County were required to apply for a fAG Program award with a single, joint application; and WHEREAS, the City of Seattle ("CiW"), as the identified Fiscal Agen! had DOJ submit the joint application to the Bureau of fustice Assistance on Aug 22,20t8 to request fAG Program funds; and WHEREAS, based on the City's successful application, the Bureau of Justice Assistance has awarded $687,367 to the City from these fAG Program funds; and WHEREAS, pursuant to the terms of the grant whereby the City, as the identified Fiscal Agent for this award, is to distribute grant funds to co-applicants, the City intends to transfer some of the fAG funds it receives to those co-applicants; and WHEREAS, the City is not obligated to continue or maintain grant funding levels for the fAG Program once grant funds have lapsed; and City of Renton 1.5 #20-00464 + o pg. 2 WHEREAS, Subrecipients of fAG funds from the City should not anticipate the City will assume responsibility for any program costs funded by IAG once fAG funds are spent; NOW THEREFORE, the parties hereto agree as follows: This Interagency Agreement contains seven Articles ARTICTE I: TERM OF AGREEMENT: The term of this Interagency Agieement shall be in effect from the date it is executed, until September 30,202L unless terminated earlier pursuant to the provisions hereof. ARTICLE lI: DESCRIPTION OF SERVICES The services to be performed under this Agreement shall be conducted for the stated purposes of the Byrne Memorial fustice Assistance Grant (lAG) Program (42 U.S.C. 375I(a.) The Edward Byrne Memorial fustice Assistance Grant flAGl Program is the primary provider of federal criminal justice funding to state and local jurisdictions. The fAG Program provides states and units of local governments with critical funding necessary to support a range of program areas including law enforcemen! prosecution and court programs; 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: SPECIAT CONDITIONS L. Funds are provided by the U.S. Department of fustice, Office of fustice Programs, Bureau of f ustice Assistance solely for the purpose of furthering the stated objectives of the Edward Byrne Memorial fustice Assistance Grant flACl Program. The Subrecipient shall use the funds to perform tasks as described in the Scope of Work portion of this Agreement. 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 receipt of appropriated federal funds. The Subrecipient agrees that it will not hold the City or the Department of ]ustice liable for any damages, claim for reimbursement or any type of payment whatsoever for services performed under this Agreement prior to the City's receipt and distribution of federal funds. In the event that the Department of f ustice requires the City to repay awarded funds for failure to comply with Special Conditions 41-47 listed in Attachment A, the Subrecipient will repay the City any funds it received under this Agreement that the City is required to repay to the federal government Subrecipient further acknowledges and agrees that the City may reject federal funds if it is required to comply with Special Conditions 4I-47 as a prerequisite for receiving these funds. Subrecipient will not pursue the City for such funds but may be able to pursue the federal government. City of Renton t.s #20-00464 pg. 3 3. This contract is funded with federal grant funds under CFDA L6.738. The grant is FY 2018 justice Assistance Grant Program Award # 2018-DJ-BX-0200. All federal financial and grant management rules and regulations must be adhered to in the execution of this contract. Exhibit Attachment A is a copy of the federal award documents. All special conditions stated in the award documents apply to the execution of this contract. All Subrecipients are assumed to have read, understood, and accepted the Award as binding. 4. The Subrecipient acknowledges that all allocations and use of funds under this agreement will be in accordance with the Edward Byrne Memorial fustice Assistance Grant [AG) Program: FY 2018 Local Solicitation. Allocation and use of grant funding must be coordinated with the goals and objectives included in the Local Solicitation. All Subrecipients are assumed to have read, understood, and accepted the Local Solicitation as binding. 5. Subrecipient agrees to obtain a valid DUNS profile and create an active registration with the Central Contractor Registration (CCR) database no later than the due date of the Subrecipient's first quarterly report after a subaward is made. 6. The Subrecipient shall comply with all applicable laws, regulations, and program guidance. The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by the Department of fustice (DOD in 2 C.F.R Part 2800 [together, the "Part 200 Uniform Requirements") apply to this 20!7 award from the Office of Justice Programs (OIP)' 7. The Subrecipient must comply with the most recent version of the Administrative Requirements, Cost Principals, and Audit Requirements. a. Non-Federal entities that expend $750,000 or more in one fiscal year in Federal awards shall have a single or program-specific audit conducted for that year in accordance with the Office of Management and Budget (0MB) Circular A-133- Audits of States, Local Governments, and non-Profit Organizations. Non-federal entities that spend less than $750,000 a year in federal awards are exempt from federal audit requirements for that year, except as noted in Circular No. A-133, but records must be available for review or audit by appropriate officials of the Federal agency, pass-through entity, and General Accounting Office (GAO). b, Subrecipients required to have an audit must ensure the audit is performed in accordance with Generally Accepted Auditing Standards (GAAS), as found in the Government Auditing Standards (the Revised Yellow Book) developed by the Comptroller General and the OMB Compliance Supplement. The Subrecipient has the responsibility of notiSring the Washington State Auditor's Office and requesting an audit. c. The Subrecipient shall maintain auditable records and accounts so as to facilitate the audit requirement and shall ensure that any sub-recipients also maintain auditable records. City of Renton t.5 #20-00464 ps 'l d. The Subrecipient is responsible for any audit exceptions incurred by its own organization or that ofits subcontractors. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report submitted to the Seattle Police Department. The Subrecipient must respond to requests for information or corrective action concerning audit issues or findings within 30 days of the date of request. The City reserves the right to recover from the Subrecipient all disallowed costs resulting from the audit. e. If applicable, once any single audit has been completed, the Subrecipient must send a full copy of the audit to the City and a letter stating there were no findings, or if there were findings, the letter should provide a list of the findings. The Subrecipient must send the audit and the letter no later than nine months after the end of the Subrecipient's fiscal year(s) to: Faye Landskov, JAG Program Manager Seattle Police Department 610 sth Avenue PO Box 34986 Seattle, WA98L24-4986 206-733-9t63 f. In addition to sending a copy of the audit, the Subrecipient must include a corrective action plan for any audit findings and a copy of the management letter if one was received. The Subrecipient shall include the above audit requirements in any subcontracts. g. The Subrecipient agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requirements, including but not limited to, the provision of any information required for assessment or evaluation of activities within this agreement, and for compliance BfA reporting requirements. h. Suspension and Debarment: The Subrecipient certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in transactions by any Federal department or agency. By signing and submitting this Agreement, the Subrecipient is providing the signed certification set out below. The certification this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the Subrecipient rendered an erroneous certification, the Federal Government and City may pursue available remedies, including termination and/or debarment. The Subrecipient shall provide immediate written notice to the City if at any time the Subrecipient learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. City of Renton t.5 #20-00464 pg. 5 The Subrecipient agrees by signing this Agreement that it shall not enter into any covered transaction with a person or subcontractor who is debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized in writing by the City. The Subrecipient shall include the requirement in this section in any subcontracts. ARTICLE IV: SCOPE OF WORK The Scope of Work of this Agreement and the time schedule for completion of such work is as described in Attachment B: fAG Budget Worksheet, as approved by BfA. Attachment B is attached to and made part of this agreement. The work shall, at all times, be subject to the City's general review and approval' The Subrecipient shall confer with the City periodically during the progress of the Work, and shall prepare and present such information and materials (e.g. a detailed outline of completed work) as may be pertinent, necessary, or requested by the City or BfA to determine the adequacy of the Work or Subrecipient's progress. ARTICLE V: PAYMENT t. Compensation The Subrecipient shall be reimbursed on an actual cost basis. Compensation under this Agreement cannot exceed $30,158. The Subrecipient shall incur authorized allowable expenses in accordance with the Project Budget, as detailed in Attachment B. The Subrecipient may request additional reimbursement up to the amount of interest accrued on their portion of the grant award. The City will provide quarterly statements to the Subrecipient, 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 the initial quarterly statement has been sent, to perform tasks in accordance with the Project Budget, as detailed in Attachment B. No travel or subsistence costs, including lodging and meals, reimbursed with federal funds may exceed federal maximum rates, which can be found at http://www.gsa.gov. 2. Manner of Payment The Subrecipient shall submit reimbursement requests not more than monthly, and at least quarterly. 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 work was performed. Reimbursement request forms are provided. Substitute forms are acceptable. With each reimbursement request, the Subrecipient shall submit: City of Renton 1.5 #20-00464 pg. r) I 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 made available upon request by the City or to state or federal auditors, for at least six years after the closure ofthe grant. Reimbursement will not be processed without accompanying documentation for the corresponding costs. Once the above conditions are me! payment shall be made by the City to the Subrecipient ATIiCIC VI. COOPERATION IN MONITORING AND EVALUATION. t. SPD Resnonsibilities: SPD shall monitor, evaluate and provide guidance and direction to Subrecipient in the conduct of Approved Services performed under this Agreement. SPD has the responsibility to determine whether Subrecipient has spent funds in accordance with applicable laws, regulations, including the federal audit requirements and agreements and shall monitor the activities of Subrecipient to ensure that Subrecipient has met such requirements. SPD may require Subrecipient to take corrective action if deficiencies are found. SPD will not monitor Subrecipient's adherence to Special Conditions 4L-47 in the Grant Award and Special Conditions documents. 2. Subrecioient Resoonsibilities. 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 the applicable Notice of Prime Award, and Subrecipient agrees to ensure, to the greatest extent possible, the cooperation of its agents, employees and board members in such monitoring and evaluation efforts. This provision shall survive the expiration or termination of this Agreement. b. Subrecipient shall cooperate fully with any reviews or audits of the activities under this Agreement by authorized representatives of SPD, DOj, the U.S. Government Accountability Office or the Comptroller General of the United States and Subrecipient agrees to ensure to the extent possible the cooperation of its agents, City of Renton t.5 #20-00464 Submit invoicing to Submit Documentation to Fiscal Accounts Payable Seattle Police Department 610 stl'Avenue PO Box 34986 Seattle, WA 98124-4986 SPDAP@seattle.gov Faye Landskou fAG Program Manager Seattle Police Department 510 sth Avenue PO Box 34986 Seattle, wA98L24-4986 206-733-9L63 ps. 7 employees and board members in any such reviews and audits. This provision shall survive the expiration or termination of this Agreement' ARTICLEVII: AMENDMENTS No modification or amendment of the provisions hereof shall be effective unless in writing and signed by authorized representatives of the parties hereto, The parties hereto expressly reserve the right to modiff this Agreement, by mutual agreement. City ofRenton 1.5 #20-00464 p-c. lt