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HomeMy WebLinkAboutAG 23-126 - CITY OF SEATTLEI I I RETURN TO: U nV� tki EXT: VA ® l I CITY OFF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT./DIV: Police Department 2. ORIGINATING STAFF PERSON: Diane Shines 4 EXT: 6854 3. DATE REQ. BY: ASAP TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND BELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG#): A INTERLOCAL ❑ OTHER 5. PROJECTNAME: FY22 Edward Bryne Memorial Justice Assistance (JAG) Grant 6. NAME OF CONTRACTOR: City of Seattle (Kathryn Finau, Grant Manager) ADDRESS: 610 5th Avenue I PO Box 34986 Seattle, WA 98124-4986 TELEPHONE 206 233-3722 E-MAIL: Kathryn.Finau3@seattle.gov FAX: SIGNATURE NAME: Mark R. Baird TITLE Chief Operating Officer 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE A ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: Date Signed COMPLETION DATE: 09/30/2025 9. TOTAL COMPENSATION $ Grant Allocation $ 38,387 (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED BYES ONO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: NIA 10. DOCUMENT/CONTRACT REVIEW ❑ PROJECT MANAGER ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) N LAW 11. COUNCIL APPROVAL (IF APPLICABLE) INITIAL IDATE REVIEWED . JE 3/28/23 / COMMITTEE APPROVAL DATE: !L [ INITIAL / DATE APPROVED COUNCIL APPROVAL DATE: � l g 12. CONTRACT SIGNATURE ROUTING 4�, j Im1 _y1 ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: 'l ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (Include dept. support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.) INITIAL / DATE SIGNED ❑ LAW DEPARTMENT NATORY (MAYOR OR DIRECTOR) VSSIGNEDAG# ITY CLERK AG# r COMMENTS - 2/2017 Memorandum of Understanding -Contract Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2022 Local Solicitation Executed by City of Seattle Department Authorized Representative: Kathryn Finau 610 5th Avenue PO Box 34986 Seattle, WA 98124-4986 and City. of Federal Way, UEI YCXHVULLN4C5, hereinafter referred to as "Subrecipient" JAG Grant Manager: Diane Shines 33325 8th Ave S Federal Way, WA 98003-6325 23-00255 Federal Way FY22 JAG MOU Contract Page 1 of 7 IN WITNESS WHEREOF, the parties have executed this Agreement by having their representatives affix their signatures below. City of Federal Way ?Fei eli, Mayor City of Seattle Apr 25, 202317:50 PDT) Brian Maxey, Chief Operating Officer Seattle Police Department Date: 04/25/2023 Authorized by: Edward Byrne Memorial Justice Assistance Grant (JAG) Program WHEREAS, the Justice Assistance Grant (JAG) 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 $829,956 in the Justice Assistance Grant (JAG) Program for jurisdictions in King County; and WHEREAS,13 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"), as the identified Fiscal Agent, had DOJ submit the joint application to the Bureau of Justice Assistance on Aug 8, 2022 to request JAG Program funds; and WHEREAS, based on the City's successful application, the Bureau of Justice Assistance has awarded $829,956 to the City from these JAG 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 JAG Program once grant funds have lapsed; and WHEREAS, Subrecipients of JAG funds from the City should not anticipate the City will assume responsibility for any program costs funded by JAG once JAG funds are spent; NOW THEREFORE, the parties hereto agree as follows: 23-00255 Federal Way FY22 JAG MOU Contract Page 2 of 7 IN WITNESS WHEREOF, the parties have executed this Agreement by having their representatives affix their signatures below. City of Federal Way Date: at P3 City of Seattle Brian Maxey, Chief Operating Officer Seattle Police Department Date: Authorized by: Edward Byrne Memorial Justice Assistance Grant (JAG) Program WHEREAS, the Justice Assistance Grant (JAG) 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 $829,956 in the Justice Assistance Grant (JAG) Program for jurisdictions in King County; and WHEREAS, 13 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"), as the identified Fiscal Agent, had DOJ submit the joint application to the Bureau of Justice Assistance on Aug 8, 2022 to request JAG Program funds; and WHEREAS, based on the City's successful application, the Bureau of Justice Assistance has awarded $829,956 to the City from these JAG 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 JAG Program once grant funds have lapsed; and WHEREAS, Subrecipients of JAG funds from the City should not anticipate the City will assume responsibility for any program costs funded by JAG once JAG funds are spent; NOW THEREFORE, the parties hereto agree as follows: 23-00255 Federal Way FY22 JAG MOU Contract Page 2 of 7 This Interagency Agreement contains seven Articles: ARTICLE I: TERM OF AGREEMENT The term of this Interagency Agreement shall be in effect from the date it is executed, until September 30, 2025, unless terminated earlier pursuant to the provisions hereof. ARTICLE II: DESCRIPTION OF SERVICES The services to be performed under this Agreement shall be conducted for the stated purposes of the Byrne Memorial Justice Assistance Grant (JAG) Program (42 U.S.C. 3751(a.) The Edward Byrne Memorial Justice Assistance Grant (JAG) 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 1. Funds are provided by the U.S. Department of Justice, Office of justice Programs, Bureau of Justice 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 16.738. The grant is FY 2022 Justice Assistance Grant Program Award #15PBJA-22-GG-02095-JAGX. 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 Justice Assistance Grant (JAG) Program: FY 2022 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. 23-00255 Federal Way FY22 JAG MOU Contract Page 3 of 7 S. 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 Justice (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 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 (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 notifying 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 of its 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: Kathryn Finau, JAG Program Manager Seattle Police Department 23-00255 Fcderal Way FY22 JAG MOU Contract Page 4 of 7 610 Sth Avenue PO Box 34986 Seattle, WA 98124-4986 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. 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: JAG 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. 23-00255 Federal Way FY22 JAG MOU Contract Page 5 of 7 ARTICLE V: PAYMENT 1. Compensation The Subrecipient shall be reimbursed on an actual cost basis. Compensation under this Agreement cannot exceed $38,387. 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. Man er 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: R 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 of the grant. Reimbursement will not be processed without accompanying documentation for the corresponding 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 Kathryn Finau, JAG Program Manager Seattle Police Department Seattle Police Department 610 5th Avenue 610 51h Avenue PO Box 34986 PO Box 34986 Seattle, WA 98124-4986 Seattle, WA 98124-4986 SPDAP@seattle.gov 206-233-3722 Kathr n.finau3@seatile. ov 23-00255 Federal Way FY22 JAG MOU Contract Page 6 of 7 ARTICLE VI, COOPERATION IN MONITORING AND EVALUATION 1. SPD Res ansibilities: 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 31-41 and 70 in the Grant Award and Special Conditions documents. 2. Subrecipient Res onsibili ie . 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 extent possible the cooperation of its 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 of the parties hereto. The parties hereto expressly reserve the right to modify this Agreement, by mutual agreement. 23-00255 Federal Way FY22 JAG MOU Contract Page 7 of 7 1113/22, 2:17 PM Funded Award ,-,, Award Letter September 26, 2022 Dear Melissa Cordeiro, On behalf of Attorney General Merrick B. Garland, it is my pleasure to inform you the Office of justice Programs (OJP) has approved the application submitted by SEATTLE, CITY OF for an award under the funding opportunity entitled 2022 BJA FY 22 Edward Byrne Memorial Justice Assistance Grant Program - Local Solicitation. The approved award amount is $829,956. Review the Award Instrument below carefully and familiarize yourself with all conditions and requirements before accepting your award. The Award Instrument includes the Award Offer (Award Information, Project Information, Financial Information, and Award Conditions) and Award Acceptance. For COPS Office and OVW funding the Award Offer also includes any Other Award Documents. Please note that award requirements include not only the conditions and limitations set forth in the Award Offer, but also compliance with assurances and certifications that relate to conduct during the period of performance for the award. These requirements encompass financial, administrative, and programmatic matters, as well as other important matters (e.g., specific restrictions on use of funds). Therefore, all key staff should receive the award conditions, the assurances and certifications, and the application as approved by OJP, so that they understand the award requirements. Information on all pertinent award requirements also must be provided to any subrecipient of the award. Should you accept the award and then fail to comply with an award requirement, DOJ will pursue appropriate remedies for non-compliance, which may include termination of the award and/or a requirement to repay award funds. Prior to accepting the award, your Entity Administrator must assign a Financial Manager, Grant Award Administrator, and Authorized Representative(s) in the justice Grants System (JustGrants). The Entity Administrator will need to ensure the assigned Authorized Representative(s) is current and has the legal authority to accept awards and bind the entity to the award terms and conditions. To accept the award, the Authorized Representative(s) must accept all parts of the Award Offer in the justice Grants System (JustGrants), including by executing the required declaration and certification, within 45 days from the award date. To access your funds, you will need to enroll in the Automated Standard Application for Payments (ASAP) system, if you haven't already completed the enrollment process in ASAP. The Entity Administrator should have already received an email from ASAP to initiate this process. Congratulations, and we look forward to working with you. Maureen Henneberg Deputy Assistant Attorney General https:lljustgrants.usdoj. gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_IpD ExTOT4XnAjzjAXmVNevW*/!TABTHREAD1?pyActivity=%40baseclass.pzProc... 1 /24 11/3/22. 2:17 PM Funded Award office for Civil Rights Notice for All Recipients The Office for Civil Rights (OCR), Office of justice Programs (OJP), U.S. Department of justice (DOj) has been delegated the responsibility for ensuring that recipients of federal financial assistance from the OJP, the Office of Community Oriented Policing Services (COPS), and the Office on Violence Against Women (OVW) are not engaged in discrimination prohibited by law. Several federal civil rights laws, such as Title VI of the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973, require recipients of federal financial assistance to give assurances that they will comply with those laws. Taken together, these civil rights laws prohibit recipients of federal financial assistance from DOJ from discriminating in services and employment because of race, color, national origin, religion, disability, sex, and, for grants authorized under the Violence Against Women Act, sexual orientation and gender identity. Recipients are also prohibited from discriminating in services because of age. For a complete review of these civil rights laws and nondiscrimination requirements, in connection with DOJ awards, see https://ojp.gov/funding/Explore/LegalOverview/CivilRightsRequirements.htm. Under the delegation of authority, the OCR investigates allegations of discrimination against recipients from individuals, entities, or groups. In addition, the OCR conducts limited compliance reviews and audits based on regulatory criteria. These reviews and audits permit the OCR to evaluate whether recipients of financial assistance from the Department are providing services in a nondiscriminatory manner to their service population or have employment practices that meet equal -opportunity standards. ' If you are a recipient of grant awards under the Omnibus Crime Control and Safe Streets Act or the juvenile justice and Delinquency Prevention Act and your agency is part of a criminal justice system, there are two additional obligations that may apply in connection with the awards: (1) complying with the regulation relating to Equal Employment Opportunity Programs (EEOPs); and (2) submitting findings of discrimination to OCR. For additional information regarding the EEOP requirement, see 28 CFR Part 42, subpart E, and for additional information regarding requirements when there is an adverse finding, see 28 C.F.R. §§ 42.204(c), .205(c)(5). The OCR is available to help you and your organization meet the civil rights requirements that are associated with DOJ grant funding. If you would like the OCR to assist you in fulfilling your organization's civil rights or nondiscrimination responsibilities as a recipient of federal financial assistance, please do. not hesitate to contact the OCR at askOCR@ojp.usdoj.gov. Memorandum Regarding NEPA N EPA Letter Type OJP - Ongoing NEPA Compliance Incorporated into Further Developmental Stages NEPA Letter The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and local governments to support a broad range of activities to prevent and control crime and to improve the criminal justice system, some of which could have environmental impacts. All recipients of JAG funding must assist BJA in complying with NEPA and other related federal environmental impact analyses requirements in the use of grant funds, whether the funds are used directly by the grantee or by a subgrantee or third party. https://jus tgrants. usdoj.gov/prweb/PkAuth/app/JG ITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW `/!TABTH READ1?pyActivity=%40baseclass.pzProc.. 2/24 11/3122. 2:17 PM Funded Award Accordingly, prior to obligating funds for any of the specified activities, the grantee must first determine if any of the specified activities will be funded by the grant. The specified activities requiring environmental analysis are: New construction; b. Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. Complying with NEPA may require the preparation of. an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. Further, for programs relating to methamphetamine laboratory operations, the preparation of a detailed Mitigation Plan will be required. For more information about Mitigation Plan requirements, please see NEPA Coordinator First Name Orbin Award Information Middle Name Last Name Terry This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions. 11 Recipient Information Recipient Name SEATTLE, CITY OF UEI RGJ5CPK2YH K1 https://justg ra nts.usd oj.g ov/prwe b/PRAuth/app/JGITS_/3yZ6 Bxxi_IpD ExT0T4XnAjzjAXrnVN evW'/!TABTH READ 1 ?pyActivi ty=%40baseclass. pzProc... 3124 11/3/22, 2:17 PM Funded Award Street 1 Street 2 610 5TH AVE City State/U.S. Territory SEATTLE Washington Zip/Postal Code Country 98104 United States County/Parish Province Award Details Federal Award Date Award Type 9/26/22 Initial Award Number Supplement Number 15PBJA-22-GG-02095 JAGX 00 Federal Award Amount Funding Instrument Type $829,956.00 Grant Assistance Listing Number Assistance Listings Program Title 16.738 Edward Byrne Memorial Justice Assistance Grant Program Statutory Authority Title I of Pub. L. No. 90-351 (generally codified at 34 U.S.C. 10101-10726), including subpart 1 of part E (codified at 34 U.S.C. 10151 - 10158); see also 28 U.S.C. 530C(a) / have read and understand the information presented in this section of the Federal Award Instrument https://justgra nts.usdoi.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_IpDExTOT4XnAjzjAXmVNevW `/!TABTH READI?pyActivity=%4Obaseclass. pzProc... 4124 11/3/22, 2:17 PM v Project Information Funded Award This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions. Solicitation Title Awarding Agency 2022 BJA FY 22 Edward Byrne Memorial OJP justice Assistance Grant Program - Local Program Office Solicitation BJA Application Number G RANT13673540 Grant Manager Name Phone Number Jeffrey Felten -Green 202-514-8874 E-mail Address Jeffrey.Felten-Green@usdoj.gov Project Title City of Seattle Joint Application for FY2022 JAG Funds Performance Period Start Date 10/01 /2021 Budget Period Start Date 10/01 /2021 Project Description Performance Period End Date 09/30/2025 Budget Period End Date 09/30/2025 The Edward Byrne Memorial Justice Assistance Grant (JAG) Program allows units of local government, including tribes, to support a broad range of activities to prevent and control crime based on their own state and local needs and conditions. Grant funds can be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice or civil proceedings, including for any one or more of the following program areas: 1) law enforcement programs; 2) prosecution and court programs; 3) prevention .and education programs; 4) corrections and community corrections programs; 5) drug treatment and enforcement programs; 6) planning, evaluation, and technology improvement programs; 7) crime victim and witness programs (other than compensation); 8) mental health programs and related law enforcement and https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_IpDExTOT4XnAjzjAXmVNevW"/!TABTH READ ?pyActivity=%40basec1ass.pzProc... 5124 1113/22, 2:17 PM Funded Award corrections programs, including behavioral programs and crisis intervention teams; and 9) implementation of state crisis intervention court proceedings and related programs or initiatives, including but not limited to: mental health courts; drug courts; veterans courts; I have read and understand the information presented in this section of the Federal Award Instrument. Financial Information This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions. I have read and understand the information presented in this section of the Federal Award Instrument. ,., Award Conditions This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions. 'M1 Compliance with general appropriations -law restrictions on the use of federal funds (FY 2022) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions, including from various "general provisions" in the Consolidated Appropriations Act, 2022, are set out at https://www.ojp.gov/funding/Explore/FY22AppropriationsRestrictions.htm, and are incorporated by reference here. Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient) would or might fall Within the scope of an appropriations -law restriction, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP. 4M2 https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_IpDExTOT4XnAjzjAXmvNevW'/!TABTHREAD I?pyActivity=%40basec!ass.pzProc.., 6/24 11/3122, 2:17 PM Funded Award Applicability of Part 200 Uniform Requirements The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this FY 2022 award from OJP. The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2022 award supplements funds previously awarded by OJP under the same award number (e.g., funds awarded during or before December 2014), the Part 200 Uniform Requirements apply with respect to all funds under that award number (regardless of the award date, and regardless of whether derived from the initial award or a supplemental award) that are obligated on or after the acceptance date of this FY 2022 award. For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards ("subgrants"), see the OJP website at https://ojp.gov/funding/Part2000niformRequirements.htm. Record retention and access: Records pertinent to the award that the recipient (and any subrecipient ("subgrantee") at any tier) must retain -- typically for a period of 3 years from the date of submission of the final expenditure report (SF 425), unless a different retention period applies -- and to which the recipient (and any subrecipient ("subgrantee") at any tier) must provide access, include performance measurement information, in addition to the financial records, supporting documents, statistical records, and other pertinent records indicated at 2 C.F.R. 200.334. In the event that an award -related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the recipient is to contact OJP promptly for clarification. 'Q3 Requirement to report actual or imminent breach of personally identifiable information (PII) The recipient (and any "subrecipient at any tier) must have written procedures in place to respond in the event of an actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient) -- (1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of "Personally Identifiable Information (PII)" (2 CFR 200.1) within the scope of an OJP grant -funded program or activity, or (2) uses or operates a "Federal information system" (OMB Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of PH to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach. '04 OJP Training Guiding Principles Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier -- develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at https://www.ojp.gov/funding/implement/training-guiding- principles-grantees-and-subgrantees. hups: /justgrants.usdoj.gov/prweb/PRAuth/app)JGITS_/3yZ6Bxxi_1pDExTOT4XnAjzjAXmVNevW"/!TABTHREAD 1?pyActivity=%40baseclass.pzProc... 7/24 11/3/22, 2:17 PM 9m5 Funded Award Required training for Grant Award Administrator and Financial Manager The Grant Award Administrator and all Financial Managers for this award must have successfully completed an "OJP financial management and grant administration training by 120 days after the date of the recipient's acceptance of the award. Successful completion of such a training on or after October 15, 2020, will satisfy this condition. In the event that either the Grant Award Administrator or a Financial Manager for this award changes during the period of performance, the new Grant Award Administrator or Financial Manager must have successfully completed an "OJP financial management and grant administration training" by 120 calendar days after the date the Entity Administrator enters updated Grant Award Administrator or Financial Manager information in JustGrants. Successful completion of such a training on or after January 1, 2020, will satisfy this condition, A list of OJP trainings that OJP will consider "OJP financial management and grant administration training for purposes of this condition is available at https://www.ojp.gov/training/fmts.htm. All trainings that satisfy this condition include a session on grant fraud prevention and detection. The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails to comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate conditions on this award. '96 Effect of failure to address audit issues The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may withhold award funds, or may impose other related requirements, if (as determined by the DOJ awarding agency) the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards. n7 Requirements of the award; remedies for non-compliance or for materially false statements The conditions of this award are material requirements of the award. Compliance with any assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance also is.a material requirement of this award. Limited Exceptions. In certain special circumstances, the U.S. Department of justice(" D0J") may determine that it will not enforce, or enforce only in part, one or more requirements otherwise applicable to the award. Any such exceptions regarding enforcement, including any such exceptions made during the period of performance, are (or will be during the period of performance) set out through the Office of Justice Programs ("OJP") webpage entitled "Legal Notices: Special circumstances as to particular award conditions" (ojp.gov/funding/Explore/LegaiNotices-AwardRegts.htm), and incorporated by reference into the award. By signing and accepting this award on behalf of the recipient, the authorized recipient official accepts https:/fjustgrants.usdoj.gov/prweb/PRAuth/app/JGITS/3yZ6Bxxi_IpDExTOT4XnAjzjAXmVNevW`/!TABTHREAD1?pyActivity=%40baseclass.pzProc... 8/24 11/3122, 2:17 PM Funded Award all material requirements of the award, and specifically adopts, as if personally executed by the authorized recipient official, all assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance. Failure to comply with one or more award requirements -- whether a condition set out in full below, a condition incorporated by reference below, or an assurance or certification related to conduct during the award period -- may result in OJP taking appropriate action with respect to the recipient and the award. Among other things, the OJP may withhold award funds, disallow costs, or suspend or terminate the award. DOJ, including OJP, also may take other legal action as appropriate. Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment or omission of a material fact) may be the subject of criminal prosecution (including under 18 U.S.C. 1001 and/or 1621, and/or 34 U.S.C. 10271-10273), and also may lead to imposition of civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801-3812). Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision shall first be applied with a limited construction so as to give it the maximum effect permitted bylaw. Should it be held, instead, that the provision is utterly invalid or - unenforceable, such provision shall be deemed severable from this award. 'Q$ Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 38 (as may be applicable from time to time), specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries. Currently, among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice. Part 38, currently, also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and subrecipients that are faith -based or religious organizations. The text of 28 C.F.R. Part 38 is available via the Electronic Code of Federal Regulations (currently accessible at https://www.ecfr.gov/cgi-bin/ECFR?page=browse), by browsing to Title 28 Judicial Administration, Chapter 1, Part 38, under e-CFR "current" data. ,M9 Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an equal employment opportunity program. 'Q10 https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS/3yZ68xxi_IpDExTOT4XnAjzjAXrnVNevW`/!TABTHREAD1?pyActivity=%40baseclass.pzProc.. 9/24 11/3/22, 2:17 PM Funded Award Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs." I'M11 Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule; or regulation related to a federal grant. The recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of employee rights and remedies under 41 U.S.C. 4712. Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the recipient is to contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance. 'Q12 Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and other events The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences. Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "DOJ Grants Financial Guide"). 'Q13 Requirement for data on performance and effectiveness under the award The recipient must collect and maintain data that measure the performance and effectiveness of work under this award. The data must be provided to OJP in the manner (including within the timeframes) specified by OJP in the program solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws. M14 Requirements related to "de minimis" indirect cost rate https://justgrants.usdoj.gov/prwebIPRAuth/app/JG ITS_/3yZ6Bxxi_IpDExTOT4XnAjzjAXmVNevW"/!TABTHREADI?pyActivity=%40baseclas�.pzPro... 10/24 11/3122, 2:17 PM Funded Award A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect cost rate, must advise OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200 Uniform Requirements, The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements. 9D15 Determination of suitability to interact with participating minors SCOPE. This condition applies to this award if it is indicated -- in the application for the award (as approved by DOJ)(or in the application for any subaward, at any tier), the DOJ funding announcement (solicitation), or an associated federal statute -- that a purpose of some or all of the activities to be carried out under the award (whether by the recipient, or a subrecipient at any tier) is to benefit a set of individuals under 18 years of age. The recipient, and any subrecipient at any tier, must make determinations of suitability before certain individuals may interact with participating minors. This requirement applies regardless of an individual's employment status. The details of this requirement are posted on the OJP web site at https://ojp.gov/funding/Explore/Interact-Minors.htm (Award condition. Determination of suitability required, in advance, for certain individuals who may interact with participating minors), and are incorporated by reference here. 9M16 Requirement to disclose whether recipient is designated "high risk" by a federal grant -making agency outside of DOJ If the recipient is designated "high risk" by a federal grant -making agency outside of DOI currently or at any time during the course of the period of performance under this award, the recipient"must disclose that fact and certain related information to OJP by email at OJP.ComplianceReporting@ojp.usdoj.gov. For purposes of this disclosure, high risk includes any status under which a federal awarding agency provides additional oversight due to the recipient's past performance, or other programmatic or financial concerns with the recipient. The recipient's.disclosure must include the following: 1. The federal awarding agency that currently designates the recipient high risk, 2. The date the recipient was designated high risk, 3. The high -risk point of contact at that federal awarding agency (name, phone number, and email address), and 4. The reasons for the high -risk status, as set out by the federal awarding agency. 9M17 Compliance with DOJ Grants Financial Guide References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website (currently, the "DOJ Grants Financial Guide" available at https://6jp.gov/financialguide/DOJ/Index.htm), including any updated version that may be posted during the period of performance. The recipient agrees to comply with the DOJ Grants Financial Guide. https://justgrants.usdoi.gov/prweblPRAuth/app/JGITS_/3yZ6Bxxi_IpDExTOT4XnAjzjAXmV NevW"/!TABTHREAD1?pyActivity=%40baseclass. pzProc.. 11124 11/3/22, 2:17 PM IM18 Funded Award Encouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees")to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. M19 Potential imposition of additional requirements The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OVW, as appropriate) during the period of performance for this award, if the recipient is designated as "high -risk" for purposes of the DOJ high -risk grantee list. 'Q20 Employment eligibility verification for hiring under the award 1. The recipient (and any subrecipient at any tier) must -- A. Ensure that, as part of the hiring process for any position within the United States that is or will be funded (in whole or in part) with award funds, the recipient (or any subrecipient) properly verifies the employment eligibility of the individual who is being hired, consistent with the provisions of 8 U.S.C. 1324a(a)(1), B. Notify all persons associated with the recipient (or any subrecipient) who are or will be involved in activities under this award of both-- (1) this award requirement for verification of employment eligibility, and (2) the associated provisions in 8 U.S.C. 1324a(a)(1) that, generally speaking, make it unlawful, in the United States, to hire (or recruit for employment) certain aliens, C. Provide training (to the extent necessary) to those persons required by this condition to be notified of the award requirement for employment eligibility verification and of the associated provisions of 8 U.S.C. 1324a(a)(1). D. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements), maintain records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with Form 1-9 record retention requirements, as well as records of all pertinent notifications and trainings. 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs https:llj u stgrants.usdoj. gov/prweb/PRAuth/ap p/J G ITS_/3yZ6Bxxi_IpD ExTOT4XnAjzjAXmVN evW */!TABTH READ1 ? pyActivity=%40baseclass.pzPro... 12/24 1113/22, 2:17 PM Funded Award To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition. 4. Rules of construction A. Staff involved in the hiring process For purposes of this condition, persons who are or will be involved in activities under this award" specifically includes (without limitation) any and all recipient (or any subrecipient) officials or other staff who are or will be involved in the hiring process with respect to a position that is or will be funded (in whole or in part) with award funds. B. Employment eligibility confirmation with E-Verify For purposes of satisfying the requirement of this condition regarding verification of employment eligibility, the recipient (or any subrecipient) may choose to participate in, and use, E-Verify (www.e- verify.gov), provided an appropriate person authorized to act on behalf of the recipient (or subrecipient) uses E-Verify (and follows the proper E-Verify procedures, including in the event of a "Tentative Nonconfirmation" or a "Final Nonconfirmation") to confirm employment eligibility for each hiring for a position in the United States that is or will be funded (in whole or in part) with award funds. C. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands. D. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law. E. Nothing in this condition, including in paragraph 4.B., shall be understood to relieve any recipient, any subrecipient at any tier, or any person or other entity, of any obligation otherwise imposed by law, including 8 U.S.C. 1324a(a)(1). Questions about E-Verify should be directed to DHS. For more information about E-Verify visit the E- Verify website (https://www.e-verify.gov/) or email E-Verify at E-Verify@dhs.gov. E-Verify employer agents can email E-Verify at E-VerifyEmployerAgent@dhs.gov. Questions about the meaning or scope of this condition should be directed to OJP, before award acceptance. 9Q21 Restrictions and certifications regarding non -disclosure agreements and related matters No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS/3yZ6Bxxi_IpDExTCT4XnAjzjAXmVNevW`/ITABTHREAD1?pyActivity=%40baseclass.pzPro.. 13/24 1113/22, 2:17 PM Funded Award investigative or law enforcement representative of a federal department or agency authorized to receive such information. The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information. 1. In accepting this award, the recipient -- a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purportto prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or both -- a. it represents that-- (1) it has determined that no other entity that the recipient's application proposes mayor will receive award funds (whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and (2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to'the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 9Q22 Reclassification of various statutory provisions to a new Title 34 of the United States Code on September 1, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were editorially reclassified (that is, moved and renumbered) to a new Title 34, entitled "Crime Control https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS/3yZ66xxi_IpDExTOT4XnAjzjAXmVNevW"/ITABTHREADI?pyActivity=%40baseclass.pzPro... 14/24 11/3/22, 2:17 PM Funded Award and Law Enforcement.': The reclassification encompassed a number of statutory provisions pertinent to OJP awards (that is, OJP grants and cooperative agreements), including many provisions previously codified in Title 42 of the U.S. Code. Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory provision as reclassified to Title 34. This rule of construction specifically includes references set out in award conditions, references set out in material incorporated by reference through award conditions, and references set out in other award requirements. 9M23 All subawards ("subgrants") must have specific federal authorization The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements for authorization of any subaward. This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a "subaward" (and therefore does not consider a procurement "contract"). The details of the requirement for authorization of any subaward are posted on the OJP web site at https://ojp.gov/funding/Explore/SubawardAuthorization.htm (Award condition: All subawards ("subgrants") must have specific federal authorization), and are incorporated by reference here. 'Q24 Requirements related to System for Award Management and Universal Identifier Requirements The recipient must comply with applicable requirements regarding the System for Award Management (SAM), currently accessible at https://www.sam.gov/. This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM. The recipient also must comply with applicable restrictions on subawards ("subgrants") to first -tier subrecipients (first -tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the recipient) the unique entity identifier required for SAM registration. The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site at https://ojp.gov/funding/Explore/SAM.htm (Award condition: System for Award Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here. This condition does not apply to an award to an individual who received .the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 'M25 Restrictions on "lobbying" In general, as a matter of federal law, federal funds awarded by OJP may not be used by the recipient, or any subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal, modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C. 1913. (There may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by law.) =%40baseclass.pzPro.. 15/24 https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3vZ6Bxxi_IpDExTOT4XnAjzjAXmVNevW"/!TABTHREAD1?pyActivity 11/3122, 2:17 PM Funded Award Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient, or any subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant or cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending, or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an exception that applies to Indian tribes and tribal organizations. Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would or might fall within the scope of these prohibitions, the recip'Ient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP. 'Q26 Specific post -award approval required to use a noncompetitive approach in any procurement contract that would exceed $250,000 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold (currently, $250,000). This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a procurement "contract" (and therefore does not consider a subaward). The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an OJP award are posted on the OJP web site at https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm (Award condition: Specific post - award approval required to use a noncompetitive approach in a procurement contract (if contract would exceed $250,000)), and are incorporated by reference here. 9M27 Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OJP authority to terminate award) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees" of the recipient or of any subrecipient. The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm (Award condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP authority to terminate award)), and are incorporated by reference here. 'Q28 Requirement to report potentially duplicative funding If the recipient currently has other active awards of federal funds, or if the recipient receives any other https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_IpDExTOT4XnAjzjAXmVNevW'/!TABTHREAD 1?pyActivity=%40baseclass.pzPro.., 16/24 11 /3/22, 2:17 PM Funded Award award of federal funds during the period of performance for this award, the recipient promptly must determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items for which funds are provided under this award. If so, the recipient must pr&nptly notify the DOJ awarding agency (OJP or OVW, as appropriate) in writing of the potential duplication, and, if so requested by the DOJ awarding agency, must seek a budget -modification or change -of -project -scope Grant Award Modification (GAM) to eliminate any inappropriate duplication of funding. 'M29 Reporting potential fraud, waste, and abuse, and similar misconduct The recipient, and any subrecipients ("subgrantees") at any tier, must promptly refer to the DOJ Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has, in connection with funds under this award-- (1) submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct. Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the OIG by--(1) online submission accessible via the OIG webpage at https://6ig.justice.gov/hotline/contact-grants.htm (select "Submit Report Online"); (2) mail directed to: U.S. Department of justice, Office of the Inspector General, Investigations Division, ATTN: Grantee Reporting, 950 Pennsylvania Ave., NW, Washington, DC 20530; and/or (3) by facsimile directed to the DOJ OIG Investigations Division (Attn: Grantee Reporting) at (202) 616-9881 (fax). Additional information is available from the DOJ OIG website at https://oig.justice.gov/hotline. 9M30 In accepting this award, the recipient agrees that grant funds cannot be used for Facial Recognition Technology (FRT) unless the recipient has policies and procedures in place to ensure that the FRT will be utilized in an appropriate and responsible manner that promotes public safety, and protects privacy, civil rights, and civil liberties and complies with all applicable provisions of the U.S. Constitution, including the Fourth Amendment's protection against unreasonable searches and seizures and the First Amendment's freedom of association and speech, as well as other laws and regulations. Recipients utilizing funds for FRT must make such policies and procedures available to DOJ upon request. M31 FFATA reporting: Subawards and executive compensation The recipient must comply with applicable requirements to report first -tier subawards ("subgrants") of $30,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first -tier subrecipients (first -tier subgrantees) of award funds. The details of recipient obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted on the OJP web site at https://ojp.gov/funding/Explore/FFATA.htm (Award condition: Reporting Subawards and Executive Compensation), and are incorporated by reference here. This condition, including its reporting requirement, does not apply to-- (1) an award of less than https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ68xxi_IpDExTOT4XnAjzjAXmVNevW"/!TABTH READ1?pyActivity=%40baseclass.pzPro... 17/24 11/3/22, 2:17 PM Funded Award $30,000, or (2) an award made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 9Q32 The recipient agrees to comply with OJP grant monitoring guidelines, protocols, and procedures, and to cooperate with BJA and OCFO on all grant monitoring requests, including requests related to desk reviews, enhanced programmatic desk reviews, and/or site visits. The recipient agrees to provide to BJA and OCFO all documentation necessary to complete monitoring tasks, including documentation related to any subawards made under this award. Further, the recipient agrees to abide by reasonable deadlines set by BJA and OCFO for providing the requested documents. Failure to cooperate with BJA's/OCFO's grant monitoring activities may result in sanctions affecting the recipient's DOJ awards, including, but not limited to: withholdings and/or other restrictions on the recipient's access to grant funds; referral to the Office of the Inspector General for audit review; designation of the recipient as a DOJ High Risk grantee; or termination of an award(s). 'Q33 Required monitoring of subawards The recipient must monitor subawards under this award in accordance with all applicable statutes, regulations, award conditions, and the DO] Grants Financial Guide, and must include the applicable conditions of this award in any subaward. Among other things, the recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of award funds by subrecipients. The recipient agrees to submit, upon request, documentation of its policies and procedures for monitoring of subawards under this award. 9M34 Use of program income Program income (as defined in the Part 200 Uniform Requirements) must be used in accordance with the provisions of the Part 200 Uniform Requirements. Program income earnings and expenditures both must be reported on the quarterly Federal Financial Report, SF425. 'ED35 justice Information Sharing Information sharing projects funded under this award must complyWith DOJ's Global Justice Information Sharing Initiative (Global) guidelines. The recipient (and any subrecipient at any tier) must conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at: https:/ / it.ojp.gov/ gsp—grantcondition. The recipient (and any subrecipient at any tier) must document planned approaches to information sharing and describe compliance with the GSP and appropriate privacy policy that protects shared information, or provide detailed justification for Why an alternative approach is recommended. 9Q36 Avoidance of duplication of networks https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_IpDExTOT4XnAizjAXmVNevW`/!TABTHREAD17pyActivity=%40basec!ass.pzPro.- 18124 1113/22. 2:17 PM Funded Award To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the recipient can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. 'Q37 Compliance with 28 C.F.R. Part 23 With respect to any information technology system funded or supported by funds under this award, the recipient (and any subrecipient at any tier) must comply with 28 C,F.R. Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable. Should OJP determine 28 C.F,R. Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, as per the regulation. Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 34 U.S.C. 10231(c)-(d). The recipient may not satisfy such a fine with federal funds. 'Q38 Protection of human research subjects The recipient (and any subrecipient at any tier) must comply with the requirements of 28 C.F.R. Part 46 and all OJP policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. 'Q39 Confidentiality of data The recipient (and any subrecipient at any tier) must comply with all confidentiality requirements of 34 U.S.C. 10231 and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. The recipient further agrees, as a condition of award approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, 28 C.F.R. 22.23. 'Q40 The award recipient agrees to participate in a data collection process measuring program outputs and outcomes. The data elements for this process will be outlined by the Office of justice Programs. M41 The recipient agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this project. 9D42 Law enforcement task forces - required training Within 120 days of award acceptance, each current member of a law enforcement task force funded with award funds who is a task force commander, agency executive, task force officer, or other task https:f/justgrants. u sdoj.g ov/prweb/PRAuth/a p p/J G ITS_/3yZ66xxi_IpDExTOT4XnAjzjAXmV NevW `/!TABTHREAD 1?pyActivity=%40baseclass.pzPro., . 19/24 1113/22, 2:17 PM Funded Award force member of equivalent rank, must complete required online (internet-based) task force training. Additionally, all future task force members must complete this training once during the period of performance for this award, or once every four years if multiple OJP awards include this requirement. The required training is available free of charge online through the BJA-funded Center for Task Force Integrity and Leadership (www.ctfli.org). The training addresses task force effectiveness, as well as other key issues including privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and accountability. If award funds are used to support a task force, the recipient must compile and maintain a task force personnel roster, along with course completion certificates. Additional information regarding the training is available through BJA's web site and the Center for Task Force Integrity and Leadership (www.ctfli.org). 'Q43 Justification of consultant rate Approval of this award does not indicate approval of any consultant rate in excess of $650 per day. A detailed justification must be submitted to and approved by the OJP program office prior to obligation or expenditure of such funds. 'Q44 The recipient understands that, in accepting this award, the Authorized Representative declares and certifies, among other things, that he or she possesses the requisite legal authority to accept the award on behalf of the recipient entity and, in so doing, accepts (or adopts) all material requirements that relate to conduct throughout the period of performance under this award. The recipient further understands, and agrees, that it will not assign anyone to the role of Authorized Representative during the period. of performance under the award without first ensuring that the individual has the requisite legal authority, 'Q45 Compliance with National Environmental Policy Act and related statutes Upon request, the recipient (and any subrecipient at any tier) must assist BJA in complying with the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these award funds, either directly by the recipient or by a subrecipient. Accordingly, the recipient agrees to first determine if any of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the award, the recipient agrees to contact BJA. The recipient understands that this condition applies to new activities as set out below, whether or not they are being specifically funded with these award funds. That is, as long as the activity is being conducted by the recipient, a subrecipient, or any third party, and the activity needs to be undertaken in order to use these award funds, this condition must first be met. The activities covered by this condition are: a. New construction; hitps://ju stg rants. usdoj. gov/pnveb/P RAuth/app/J GITS_/3yZ6Bxxi_!pD ExTOT4XnAjzjAXmV NevW */!TABTHREAD 1?pyActivity=0/`40basec!ass. pzPro... 20124 11/3/22, 2:17 PM Funded Award b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-yearflood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; t. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. The recipient understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. The recipient further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed at https://bja.gov/Funding/nepa.html, for programs relating to methamphetamine laboratory operations. Application of This Condition to Recipient's Existing Programs or. Activities: For any of the recipient's or its subrecipients' existing programs or activities that will be funded by these award funds, the recipient, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity. TD46 Establishment of trust fund If award funds are being drawn down in advance, the recipient (or a subrecipient, with respect to a subaward) is required to establish a trust fund account. Recipients (and subrecipients) must maintain advance payments of federal awards in interest -bearing accounts, unless regulatory exclusions apply (2 C.F.R. 200.305(b)(8)). The trust fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate the award funds in the trust fund (including any interest earned) during the period of performance for the award and expend within 90 days thereafter. Any unobligated or unexpended funds, including interest earned, must be returned to OJP at the time of closeout. 'Q47 All State and Local JAG recipients must submit quarterly Federal Financial Reports (SF-425). Additionally, State JAG and Local JAG Category Two ($25K or more) must submit semi-annual performance reports through JustGrants and Local JAG Category One (Less than $25K) must submit annual performance reports through JustGrants. Consistent with the Department's responsibilities under the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, the recipient must provide data that measure the results of its work. The recipient must submit quarterly performance metrics reports through BJA's Performance Measurement Tool (PMT) website (www.bjaperformancetools.org). For more detailed information on reporting and other JAG https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Exxi_lpD ExTOT4XnAjzjAXmV NevW'/!TABTH READ ?pyActivity=%40baseclass.pzPro... 21124 11/3/22, 2:17 PM Funded Award requirements, refer to the JAG reporting requirements webpage. Failure to submit required JAG reports k" -, in +ha froe�inn of rtr�n+fi inrlo ­4 f, i+ i Wilk DicL A.,inn If; M48 Required data on law enforcement agency training Any law enforcement agency receiving direct or sub -awarded funding from this JAG award must submit quarterly accountability metrics data related to training that officers have received on the use of force, racial and ethnic bias, de-escalation of conflict, and constructive engagement with the public. 'Q49 Expenditures prohibited without waiver No funds under this award may be expended on the purchase of items prohibited by the JAG program statute, unless, as set forth at 34 U.S.C. 10152, the BJA Director certifies that extraordinary and exigent circumstances exist, making such expenditures essential to the maintenance of public safety and good order. IM5.0 Authorization to obligate (federal) award funds to reimburse certain project costs incurred on or after October 1, 2021 The recipient may obligate (federal) award funds only after the recipient makes a valid acceptance of the award. As of the first day of the period of performance for the award (October 1, 2021), however, the recipient may choose to incur project costs using non-federal funds, but any such project costs are incurred at the recipient's risk until, at a minimum-- (1) the recipient makes a valid acceptance of the award, and (2) all applicable withholding conditions are removed by OJP (via an Award Condition Modification (ACM)). (A withholding condition is a condition in the award document that precludes the recipient from obligating, expending, or drawing down all or a portion of the award funds until the condition is removed.) Except to the extent (if any) that an award condition expressly precludes reimbursement of project costs incurred "at -risk," if and when the recipient makes a valid acceptance of this award and OJP removes each applicable withholding condition through an Award Condition Modification (ACM), the recipient is authorized to obligate (federal) award funds to reimburse itself for project costs incurred "at -risk" earlier during the period of performance (such as project costs incurred prior to award acceptance or prior to removal of an applicable withholding condition), provided that those project costs otherwise are allowable costs under the award. Load more I have read and understand the information presented in this section of the Federal Award Instrument. ,,-, Award Acceptance https://justgrants. usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_IpDExTOT4XnAjzjAXmVNevW'/!TABTH READ 1?pyActivity=%40baseclass.pzPro... 22124 11/3/22, 2:17 PM Funded Award Declaration and Certification to the U.S. Department of Justice as to Acceptance By checking the declaration and certification box below, I -- A. Declare to the U.S. Department of justice (DOJ), under penalty of perjury, that I have authority to make this declaration and certification on behalf of the applicant. B. Certify to DOJ, under penalty of perjury, on behalf of myself and the applicant, to the best of my knowledge and belief, that the following are true as of the date of this award acceptance: (1)1 have conducted or there was conducted (including by applicant's legal counsel as appropriate and made available to me) a diligent review of all terms and conditions of, and all supporting materials submitted in connection with, this award, including any assurances and certifications (including anything submitted in connection therewith by a person on behalf of the applicant before, after, or at the time of the application submission and any materials that accompany this acceptance and certification); and (2) 1 have the legal authority to accept this award on behalf of the applicant. C. Accept this award on behalf of the applicant. D. Declare the following to DOJ, under penalty of perjury, on behalf of myself and the applicant: (1)1 understand that, in taking (or not taking) any action pursuant to this declaration and certification, DOJ will rely upon this declaration and certification as a material representation; and (2) 1 understand that any materially false, fictitious, or fraudulent information or statement in this declaration and certification (or concealment or omission of a material fact as to either) may be the subject of criminal prosecution (including under 18 U.S.C. §§ 1001 and/or 1621, and/or 34 U.S.C. §§ 10271-10273), and also may subject me and the applicant to civil penalties and administrative remedies under the federal False Claims Act (including under 31 U.S.C. §§ 3729-3730 and/or §§ 3801-3812) or otherwise. i Agency Approval i— Title of Approving Official Deputy Assistant Attorney General Name of Approving Official Signed Date And Time Maureen Henneberg 9/19/22 4:34 PM Authorized Representative Entity Acceptance Title of Authorized Entity Official https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_IpDExTOT4XnAizjAXmVNevW*/!TABTHREAD1?pyActivity=%40baseclass.pzPro... 23124 1113/22. 2:17 PM (_rnntc 32. rnnt—tc I Init KA—nn nr Signed Date And Time Funded Award https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmV NevW"/!TABTH READ 1?pyActivity=%40baseclass. pzPro... 24124 Federal Way JAG Budget Worksheet A. Personnel Name/Position Computation Hrly Rate Hours Cost -Auto Compute $0 $0 $0 $0 TDTAI.: $0 S. Fringe Benefits Name/Position Computation Cost Auto Compute $0 $0 $0 $0 C. ame of Train TOTAL: $0 Location *ITEM Computation staff x ITEMS Icost ITEM will be airfare, lodging, car rental: rates) registralion x number TOTAL: $0.00 D. Equipment Item Computation Cost 71 R­,TV;� cAlISairtvri✓:nitinment I Vendor Estimate 1 $5,000.001 Federal Way JAG Budget Worksheet SafeCity Securit , Camera Hardware/Softwa Estimate $33,387.00 TOTAL: 538,387 TOTAL: $0.00 ,G. Consultants/Contracts ame of ontrac Consu tant Computation [ ost TOTAL: $0.00 GRAND TOTAL: 538,387 Memorandum of Understanding FY 2022 Edward Byrne Memorial Justice Assistance Grant July 5, 2022 This Memorandum of Understanding (MOU) outlines the responsibilities and protocols for participating jurisdictions pertaining to the FY 2022 Edward Byrne Memorial Justice Assistance Grant. I. Participating Jurisdictions The participating jurisdictions, relevant to this MOU, in the Edward Byrne Memorial Justice Assistance Grant are: a City of Auburn U' City of Bellevue C City of Burien O Des Moines 8 City of Federal Way a City of Kent u King County City of Renton City of SeaTac a City of Seattle o City of Shoreline a City of Kirkland City of Tukwila II. Background and Purpose Proposed to streamline justice funding and grant administration, the Edward Byrne Memorial Justice Assistance Grant (JAG) Program allows states, tribes, and local governments to support a broad range of activities to prevent and control crime based on their own local needs and conditions. JAG blends previous Byrne Formula and Local Law Enforcement Block Grant (LLEBG) Programs to provide agencies with the flexibility to prioritize and place justice funds where they are most needed. III. Disparate Certification Jurisdictions certified as disparate must submit a joint application for the aggregate of funds allocated to them, specifying the amount of funds that are to be distributed to each of the units of local government and the purposes for which the funds will be used, and indicating who will serve as the applicant/fiscal agent for the joint funds. The above jurisdictions are certified as disparate. IV. Fiscal Agent and Fund Allocation The City of Seattle will act as the applicant and will serve as the fiscal agent for the joint funds. The City of Seattle will charge a 3.7% administrative fee for these services. Page 1 of 3 1IIC d11UL.d LIUII UI lullull ir, 1a as Iviivwa. PROPOSED FINAL ALLOCATIONS Base Allocation PROPOSED FINAL before 3.7% Admin Minus 3.7% Grant ALLOCATION AFTER Fee Admin Fee 3.7%ADMIN FEE KING COUNTY 254,813 9,428 245,385 AUBURN CITY 37,648 1,393 36,255 BELLEVUE CITY 19,216 711 18,505 BURIEN CITY 21,498 795 20,703 DES MOINES CITY 101528 390 10,138 FEDERAL WAY CITY 39,862 1,475 38,387 KENT CITY 48,516 1,795 46,721 RENTON CITY 34,820 1,288 33,532 SEATAC CITY 14,344 5,307 9,037 SEATTLE CITY 311,438 - F 335,400 KI RKLAN D 10,937 405 10,532 SHORELINE 10,732 397 10,335 T U KW I LA CITY 15,604 577 15,027 S 829,956 5 23,9b2 � tscy,95b V. Project Allocations and Reporting Participating jurisdictions are responsible for identifying their own projects for funding, and for providing project information to the identified fiscal agent, the City of Seattle, for purposes of submitting one joint application on behalf of all participating jurisdictions. Upon receipt of award documents, and prior to expense of funds pertaining to the JAG Program, the fiscal agent will enter into MOU Contract with all participating jurisdictions. VI. Funds Remaining at End of Grant If an agency has funds remaining that it will not spend and no extension is requested, all parties agree that the funds will be re -obligated to Seattle within the final three months of the grant. Notification between Seattle and the agency willing to forgo funds will occur three months prior to the end of the period of performance. Page 2 of 3 Memorandum of Understanding FY 2022 Edward Byrne Memorial Justice Assistance Grant Signature Page Jurisdiction: ► W Signature: Name & Title: Date:' Must l)Aigi>(ed by Mayor, City Administrator or Executive Page 3 of 3 Agency: Federal Way Police Department Contact Name: Diane Shines Contact Phone: 253-835-6854 Diane.Shines@cityoffederalway.com FY 2022 JAG Purpose Areas Permissible uses of JAG Funds — In general In general, JAG funds awarded to a unit of local government under the FY 2022 program may be used to hire additional personnel and/or purchase equipment, supplies, contractual support, training, technical assistance, and information systems for criminal justice, including for any one or more of the following program areas: + Law enforcement programs • Prosecution and court programs • Prevention and education programs • Corrections and community corrections programs Drug treatment and enforcement programs Planning, evaluation, and technology improvement programs + Crime victim and witness programs (other than compensation) • Mental health programs and related law enforcement and corrections programs, including behavioral programs and crisis intervention teams + Under the JAG Program, units of local government may use award funds for broadband detalovment and adoption activities as they relate to criminal justice activities BJA areas of emphasis (Please see full descriptions in 2022 Local Solicitation): BJA recognizes that many state and local criminal justice systems currently face challenging fiscal environments and an important, cost-effective way to relieve those pressures is to share or leverage resources through cooperation among federal, state, and local law enforcement. BJA encourages each recipient of FY 2022 JAG funds to join federal law enforcement agencies in addressing these challenges: ■ Combatting Hate Crime, • Promoting Public Trust between Communities and Criminal Justice Agencies, + Reducing Violent Crime, + Community Violence Intervention (CVI), ■ Addressing COVID-19 Criminal Justice Challenges and Sustaining Innovations, and ■ Crime Analysis and Investigation. Evidence -Based Programs or. Practices OJP strongly encourages the use of data and evidence in policymaking and program development for criminal justice, juvenile justice, and crime victim services. OJP is committed to: + improving the quantity and quality of evidence OJP generates, • integrating evidence into program, practice, and policy decisions within OJP and the field, and • improving the translation of evidence into practice. Project Name: Project Cost: $38,387 1)Purchase bomb disposal equipment: 1) $5,000 • Hydro Jett Disruptor 2) $33,387 * Percussion Actuated Non -Electric (Disposal tool) 3.7%Admin Fee (Seattle PD) $1,475 • Pan Disruptor Stand Surefire Starter —electronic initiator Total Allocation: $39,862 Ear Protection 2) Property Evidence Facility Safe City security camera upgrade Description of the issue: Identify the unit of local government's strategy/funding priorities for the FY 2022 JAG funds, the subgrant award process (if applicable, including disparate) and timeline, any progress or challenges, and a description of the programs to be funded over the 4-year grant period. The Federal Way Police Bomb Disposal Unit (BDU) is responsible for coordinating the removal and disposal of explosives. JAG funds will be used to purchase disruption tools and other protective equipment to disarm and dispose of incendiary devices to ensure the safety of bomb personnel and the public. JAG funds will be dedicated to upgrade and enhance the Safe City CCTV/security camera hardware/software systems and in and around the Property Evidence facility. Project Design and Implementation: Describe the unit of local government's strategic planning process, if any, that guides its priorities and funding strategy. This should include a description of how the local community is engaged in the planning process and the data and analysis utillzed to support -the plan. It should identify the stakeholders currently participating in the strategic planning process, the gaps In the needed resources for criminal justice purposes, and how JAG funds will be coordinated with state and related justice funds. All projects presented on behalf of the Federal Way Police Department will require interdepartmental coordination within the City of Federal Way and associated vendors to procure and/or install equipment. Statement of the Problem: Identify the unit of local government's strategy/funding priorities for the FY 2022 JAG funds and a description of the programs to be funded over the grant period. Units of local government are strongly encouraged to prioritize the funding on evidence -based projects. Competing priorities and operational need has strained the Federal Way Police annual budget making it difficult to replace or enhance department programs. While we continue to explore all opportunities to identify and utilize available funds, the FY2022 JAG grant enables the Federal Way Police to readily equip officers with necessary safety equipment, and to advance technology initiatives. Capabilities and Competencies: Describe any additional strategic planning/ coordination efforts in which the units of local government participate with other criminal justice entities within the local jurisdiction. The Federal Way Police is engaged in daily coordination with King County LE agencies and Prosecution, collecting and integrating data; producing analysis of gun violence, shots fired, violent gang crime, and geographical crime "hot spots". This work has also resulted in identifying our most violent offenders, or those most likely to commit crimes in our City, as well as provide data at time of arrest to support collaborative prosecution. Plan for Collecting the Data Required for this Solicitation's Performance Measures: oJP will require each successful applicant to submit specific performance data that show the completed work's results. The performance data directly relate to the objectives previously identified under "Objectives." During regular schedule training, BDU officers conduct inspections to ensure equipment is operational and performance outcomes continue to be achieved at the highest level. All projects on behalf of the Federal Way Police Department will require interdepartmental coordination with the City of Federal Way IT Department to purchase, install and maintain hardware/software for the intended project. BUDGET: Budget Worksheet: Please use Attached Budget Worksheet Template Budget Narrative: The Budget Narrative should thoroughly and clearly describe every category of expense listed in the proposed Budget Detail Worksheet. OJP expects proposed budgets to be complete, cost effective, and allowable (e.g., reasonable, allocable, and necessary for project activities). This narrative should include a full description of all costs, including administrative costs (if applicable). An applicant should demonstrate in its Budget Narrative how it will maximize cost effectiveness of award expenditures. Budget narratives should generally describe cost effectiveness in relation to potential alternatives and the goals of the project. For example, a budget narrative should detail why planned in -person meetings are necessary, or how technology and collaboration with outside organizations could be used to reduce costs, without compromising quality. The Budget Narrative should be mathematically sound and correspond clearly with the information and figures provided in the Budget Detail Worksheet. The narrative should explain how the applicant estimated and calculated all costs, and how those costs are necessary to the completion of the proposed project. The narrative may include tables for clarification purposes but need not be in a spreadsheet format. As with the Budget Detail Worksheet, the Budget Narrative should describe costs 3 Please indicate the project's compliance with federal grant criteria and briefly explain any affirmative responses. No JAG funds may be expended outside of the JAG purpose areas. Even within these purpose areas, however, JAG funds cannot be used directly or indirectly for security enhancements or equipment to nongovernmental entities not engaged in criminal justice or public safety. Nor may JAG funds be used directly or indirectly to provide for any of the following matters unless BJA certifies that extraordinary and exigent circumstances exist, making them essential to the maintenance of public safety and good order: • Vehicles, vessels, or aircraft *unless for law enforcement purposes r Luxury items ■ Real estate • Construction projects, other than penal or correctional institutions • Any similar matters Is there anything in your project that could be interpreted as inconsistent with this requirement? No. Federal funds must be used to supplement existing funds for program activities and cannot replace or supplant nonfederal funds that have been appropriated for the some purpose Is there anything in your project that could be interpreted as inconsistent with this requirement? No. Applicant Disclosure of Pending Applications Applicants are to disclose whether they have pending applications for federally funded grants or subgrants (including cooperative agreements) that include requests for funding to support the same project being proposed under this solicitation.2nd will cover the identical cost items outlined in the budget narrative and worksheet in the application under this solicitation. The disclosure should include both direct applications for federal funding (e.g., applications to federal agencies) and indirect applications for such funding (e.g., applications to state agencies that will subaward federal funds). OJP seeks this information to help avoid any inappropriate duplication of funding. Leveraging multiple funding sources in a complementary manner to implement comprehensive programs or projects is encouraged and is not seen as inappropriate duplication. Applicants that have pending applications as described above are to provide the following information about pending applications submitted within the last 12 months: -the federal or state funding agency -the solicitation name/project name -the point of contact information at the applicable funding agency. Please use table below for any pending applications: Federal or State Funding Solicitation Name/Project Name/Phone/E-mail for Point of Contact Agency Name at Funding Agency SPGCO.SPGJAG2IFEDE Agency Name: Seattle Police Department 610 5th Avenue PO Box 34986 Seattle, WA 98124-4986 Sub Recipient: (Reimbursement is payable to) Chief Stephan Neal City of Federal Way 33325 8 AV S Federal Way, WA 98003 CFDA # 16.738 Grant# 21-GG-01967 Project Title: FY 2021 Justice Assistance Grant Program City of Seattle Invoice Voucher JAG 2021 invoice #: Sub Recipient Certification: I hereby certify under penalty of perjury that the items & totals listed herein are proper charges for materials, merchandise, or services furnished, and that all goods furnished and/or services rendered have been provided in accordance with the approved JAG Program Narrative and Project Budget, and comply with all requirements set forth in the JAG MOU Contract. Submitted by: Stephan Neal, Sub Recipient Project Director Date: Approved by: Kathryn Finau, Seattle JAG Program Manager Date: Grant Term Dates: 10/1/2020 - 9/30/2024 Submitted herewith for payment are expenditures made for services performed and/or supplies and materials received during the above period. Duplicate copies of time sheet summary, invoices, proof of payment, proof of receipt, and signature are attached. A Project Status Report, as outlined in the MOU Contract, is also attached to this voucher. Original documentation are maintained on file. Current Past Cumulative Project Budget Expenditures Expenditures Expenditures Balance Personnel $ - $ - Fringe Benefits $ - $ - $ - Travel/Training $ - $ - $ Equipment/Supplies $ 39,550.00 $ - $ - Consultants/Contracts $ - $ - $ - Other $ - $ - $ - TOTAL $ 39,550.00 $ - $ - $ - $ 39,550.00 $ - $ 39,550.00 Revised 3/11/10 COUNCIL MEETING DATE: April 18, 2023 ITEM #: U-41 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: FISCAL YEAR 2022 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM — GRANT AWARD ACCEPTANCE MOU POLICY QUESTION: Should the City of Federal Way; Federal Way Police Department, enter into an MOU Agreement to accept Edward Byrne Memorial Justice Assistance Grant (JAG) funds for FY 2022? COMMITTEE: PARKS, RECREATION, HUMAN SERVICES AND PUBLIC MEETING DATE: SAFETY COUNCIL COMMITTEE — (PRHS&PSC) April 11, 2023 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: DIANE SHINES, CIVILIAN OPERATIONS MANAGER DEPT: POLICE Attachments: 1. Staff Report JAG FY 2022 — Award Acceptance 2. FY2022 JAG MOU — Award Acceptance 3. FY2022 Justice Assistance Grant Program Award # 15PBJA-22-GG-02095-JAGX 4. Copy of Local JAG Budget Detail Worksheet — 2022 JAG 5. Approved FY2022 JAG Application MOU and Program Narrative Options Considered: 1. Approve the FY 2022 JAG Grant Award Acceptance MOU and funds 2. Reject the FY 2022 JAG Grant Award Acceptance MOU and funds MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: DIRECTOR APPROVAL: �92 lag 3 hw i. 7D-ur COMMITTEE RECOMMENDATION: "I move to forward the proposed Fiscal Year 2022 JAG Grant Award Acceptance MOU and funds for to the April 18, 2023, consent agenda for approval. " C' ittee C air �1 Committee Member Committee Member P 0 OSED COUNCIL MOTION: "I move approval of the proposed Fiscal Year 2022 JAG Grant Award Acceptance MOU and funds, and authorize the Mayor to execute said agreement. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) CftNCILDN:y%) ppROVROyEp APPROVED��� COUNCIL BILL # ❑ ��`f"J DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 1 I/2019 RESOLUTION # CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: April 11, 2023 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy Hwang, Chief of Police SUBJECT: Fiscal Year 2022 Edward Byrne Memorial Justice Assistance Grant Program — Grant Award Acceptance MOU Financial Impacts: The FWPD has been allocated a project award of $38,387 by the Edward Byrne Memorial Justice Assistance Grant (JAG) Program, the primary provider of federal criminal justice funding to state and local jurisdictions. Acceptance of the grant requires no matching funds and there will be minimal impact to City funds by accepting the grant. Sales tax may not be covered by the grant and any payment of such will be absorbed by the police department's operating budget. _Backgrond The attached MOU is an agreement with the City of Seattle to formally accept the award of FY 2022 grant funds under the JAG Program and receive the project award of $38,387 consistent with the City's application and the terms of the JAG Program. The City of Seattle is the Fiscal Agent, and submitted the joint application to the Bureau of Justice Assistance to request JAG program funds; and pursuant to the terms of the grant, the City of Seattle is to distribute grant funds to the County and one or more jurisdictions. The City of Federal Way will be a subrecipient of these funds under this agreement. 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. JAG funded projects may address crime through the provision of services directly to individuals and/or communities and by improving the effectiveness and efficiency of criminal justice systems, processes, and procedures. During the performance period, the FWPD will use grant funds to purchase equipment utilized by the Federal Way Police Bomb Disposal Unit (BDU) for the removal and disposal of explosives. Per the grant application, the purchase involves disruption tools and other protective equipment to disarm and dispose of incendiary devices to ensure the safety of bomb personnel and the public. In addition, grant funds will be used to upgrade the Avigilon Safe City CCTV security camera system by supplementing existing camera hardware and software, and addressing necessary improvements to safety and security of our personnel, operations, and property in and around the Property/Evidence facility.