HomeMy WebLinkAboutContractcAG-22-204
Memorandum of Understanding -Contract
Edward Byrne Memorial
fustice Assistance Grant (IAG) Program
FY 2OZl Local Solicitation
Executed by
City of Seattle
Department Authorized Representative : Kathryn Finau
610 sth Avenue
PO Box 34986
Seattle, WA 98724-4986
and
City of Renton, DUNS 092278894, hereinafter referred to as "Subrecipient"
fAG Grant Manager: Commander Chandler Swain
1055 S GradyWay
Renton, WA 98057-3232
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IN WITNESS WHEREOF, the parties have executed this Agreement by having their
representatives affix their signatures below.
City of Renton City of Seattle
Armondo Pavone, Mayor Brian Maxey, Chief Operating Officer
Seattle Police Department
f,k 6t14t2022 Date:
Jason Seth, City Clerk Date
Approved by Alex Tuttle via 512612022 email I
Shane Maloney, City Attorney Date +
Authorized by: Edward Byrne MemorialJustice Assistance Grant (JAG) Program
WHEREAS, the fustice Assistance Grant (fAG) Program is the primary provider of federal
criminal justice funding to state and local jurisdictions; and
WHEREAS, the JAG 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 $77L,127 in the fustice Assistance Grant
(fAG) Program for jurisdictions in King County; and
WHEREAS, 11 jurisdictions in King County were required to apply for a JAG Program award
with a single, joint application; and
WHEREAS, the City of Seattle ("City"J, as the identified Fiscal Agent, had DOJ submit the
joint application to the Bureau of fustice Assistance on Aug 24,202L to request fAG
Program funds; and
WHEREAS, based on the City's successful application, the Bureau of fustice Assistance has
awarded $77L,\27 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 JAG 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
WHEREAS, Subrecipients of fAG funds from the City should not anticipate the City will
assume responsibility for any program costs funded bylAG once fAG funds are
spent;
-f,*"
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Brian Maxey (Sep 15, 2022 14:47 PDT)
09/15/2022
NOW THEREFORE, the parties hereto agree as follows:
This Interagency Agreement contains seven Articles:
ARTICTE I: TERM OF AGREEMENT
The term of this Interagency Agreement shall be in effect from the date it is executed, until
September 30,2024, unless terminated earlier pursuant to the provisions hereof.
ARTICTE II: DESCRIPTION OF SERVICES
The services to be performed under this Agreement shall be conducted for the stated
purposes of the Byrne Memorial f ustice Assistance Grant [JAG) Program (42 U.S.C. 3751[a.)
The Edward Byrne Memorial Justice Assistance Grant (fAG) Program is the primary
provider of federal criminal justice funding to state and local jurisdictions, The JAG
Program provides states and units of local governments with critical funding necessary to
support a range of program areas including law enforcement; 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: SPECIAL CONDITIONS
t. 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 Justice Assistance Grant [JAG) 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 Justice 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.
3. This contract is funded with federal grant funds under CFDA t6.738. The grant is FY
2021Justice Assistance Grant Program Award #15PBJA-21-GG-0L967-IAGX. 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 [fAG) Program: FY 202ILocal 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.
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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 ofthe
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
Justice IDOD in 2 C.F.R Part 2800 (together, the "Part 200 Uniform Requirements")
apply to this 2020 award from the Office of fustice 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 (OMB) 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 (GAOI.
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 BookJ developed by the
Comptroller General and the OMB Compliance Supplement. The Subrecipient has
the responsibility of notifliing 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.
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(sJ to:
Kathryn Finau, fAG Program Manager
Seattle Police Department
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610 stl'Avenue
P0 Box 34986
Seattle, WA98124-4986
206-233-3722
Kathryn.finau3 @ seattle, gov
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 BJA 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.
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.
ARTICTE 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 BJA. 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 BJA to
determine the adequacy of the Work or Subrecipient's progress,
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ARTICLE V: PAYMENT
t. Compensation
The Subrecipient shall be reimbursed on an actual cost basis, Compensation under this
Agreement cannot exceed $32,263.
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://v'ruw.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:
' 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
coruesponding costs. Once the above conditions are met, payment shall be made by the
City to the Subrecipient.
Submit invoicing to Submit Documentation to
Fiscal Accounts Payable
Seattle Police Department
6L0 5th Avenue
PO Box 34986
Seattle, WA 98124-4986
SPDAP@seattle.gov
Kathryn Finau, fAG Program Manager
Seattle Police Department
610 sth Avenue
PO Box 34986
Seattle, WA98124-4986
206-233-3722
Kathrvn.finau 3 @ s eattle.sov
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ARTICTE VI. COOPERATION IN MONITORING AND EVALUATION
1. SPDResuonsibilities:
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 37-4L and 70 in the Grant Award and Special Conditions documents,
2. Subrecinient 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, DOI, the U.S. Government
Accountability Office or the Comptroller General of the United States and
Subrecipient agrees to ensure to the extentpossible the cooperation ofits agents,
employees and board members in any such reviews and audits. This provision shall
survive the expiration or termination of this Agreement.
ARTICLE VII; AMENDMENTS
No modification or amendment of the provisions hereof shall be effective unless in writing
and signed by authorized representatives ofthe parties hereto. The parties hereto
expressly reserve the right to modi$r this Agreement, by mutual agreement.
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