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AG 09-227DATE IN: I DATE OUT: 1 TO: CITY OF FEDERAL WAY LAW DEPARTMENT REQUEST FOR CONTRACT PREPARATION/DOCUMENT REVIEW/SIGNATURE ROUTING SLIP ORIGINATING DEPT./DIV: FEDERAL WAY POLICE DEPARTMENT 2. ORIGINATING STAFF PERSON LYNETTE ALLEN EXT_ 6701 3. DATE REQ. BY: N/A 4. TYPE OF DOCUMENT REQUESTED (CHECK ONE) PROFESSIONAL SERVICE AGREEMENT SECURITY DOCUMENT (E.G..aG�EMExT MAINTENANCE/LABOR AGREEMENT PERF/MAIN BOND; ASSIGNMENT OF FUNDS IN LIEU OF BOND) PUBLIC WORKS CONTRACT CONTRACTOR SELECTION DOCUMENT SMALL PUBLIC WORKS CONTRACT �.G., xFS, xFr, �Q) (LESS THAN $200 ,000> CONTRACT AMENDMENT PURCHASE AGREEMENT� CDBG (MATERIALS, SUPPLIES, EQUIPMENT) OTHER REAL ESTATE DOCUMENT 5. PROJECT NAME: Interlocal A�reement with Seattle PD, BJA FY09 Recover Act 6. NAME OF CONTRACTOR� ADDRESS: SIGNATURE NAME: AG#: _TELEPHONE TITLE 7. ATTACH ALL EXHIBITS AND CHECK BOXES SCOPE OF SERVICES ALL EXHIBITS REFERENCED IN DOCUMENT INSURANCE CERTIFICATE DOCUMENT AUTHORIZING SIGNATURE 8. TERM: COMMENCEMENT DATE��� COMPLETION DATE 9. TOTAL COMPENSATION (nvCt,uDE ExPENSES .a�vn sAt.ES Ta�c IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑�S NO IF YES, MAXIMUM DOLLAR AMOUNT: IS SALES TAX OWED YES NO IF YES, PAID BY: CONTRACTOR CITY 1 O. CONTRACT REVIEW PROJECT MANAGER DIRECTOR RISK MANAGEMENT LAW 11. CONTRACT SIGNATURE ROUTING INITIAL/DATE APPROVED INITIAL/DATE APPROVED LAW DEPARTMENT CITY MANAGER CITY CLERK SIGN COPY BACK ORGINATING DEPT. �O.O ASSIGNED AG# O� �.a� PURCHASING: PLEASE CHARGE TO: INITIAL/DATE APPROVED INITIAL/DATE APPROVED COMMENTS: The original routing slip, if there was one, is lost somewhere. The original went through Council and was approved at the Apri121, 2009 Council Meeting. SEATTLE POLICE DEPARTMENT MEMORANDUM DATE: November 16, 2009 TO: Stimulus JAG Recipients FROM: Diane Pilon SUBJECT: Signed Interagency, Agreements Attached Hello All, Thank you for your patience while we worked through all the acceptance steps for the JAG Stimulus Funding. Please find your signed Interagency Agreements attached. Please be sur.e to read through the attached Agreement and the Attachments as they include what the requirements are for purchasing, requesting reimbursement and reporting. I have also included an Invoice Voucher, which will be required for you to request reimbursement under the grant.� The first quarter we will be required to report data for is be October 1 through December3l, with reports being due January l O Nancy Montstream is beginning work today as the Grant Coordinator for the Stimulus JAG Grant. She will be sending out forms within the next few weeks that will help you to provide the necessary information for the new Federal Reporting.Gov requirements. In the meantime, please feel free to contact me 206-386-1996, or Nancy Montstream 206- 386-9855 if you have any questions. cc: grant file Agency Name: Seattle Police Department 610 5th Avenue PO Box 34986 Seattle, WA 98T24-4986 Vendor (Reimbursement is City of Seattle Invoice Voucher invoice Vendors Certification: I hereby certify under penalty of perjury that the items and 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 requirementsset forth in the JAG Interagency Agreement. By: Project Director CFDA 16.804 Project Title: Recovery Act: Edward Byrne Memorial Justice Assistance Grant (JAG) Program/Grants to Units of Local Territories Grant Term Dates:ll/9/09 to 2/28/2013 Date: Approved by: JAG Program Manager Date: Submitted herewith for payment are expenditures made for services performed and/or supplies and materials received during the above period. Original documentation including time slips, invoices and vouchers are maintained on file. Duplicate copies of a time sheet summary, invoices, vouchers, etc, are attached. Cumulative Project Budget Expenditures Expenditures Balance Personnel Fringe Benefits Travel/Training Equipment Supplies Consultants/Contracts Other TOTAL Interagency Agreement BJA FY 09 Recovery Act: Edward Byrne Memorial Justice Assistance Grant Program Local Solicftation Executed by Seattle Police Department (SPD) a department of the City of Seattle, hereinafter referred to as "SPD", Department Authorized Representative: Diane Pilvn b10 5�' Avenue PO Box 34986 Seattle, WA 981244986 �nd City of Federal Way, hereinafter referred to as "Recipient", Department Authorized Representative: Phung Huynh PO BOX 9? 18 Federal Way, WA 98063-9718 IN WITNESS WHEREOF, Ehe parties have executed this Agreement by having their representatives �x their signatures betow. CITY OF FEDERAL WAY `�;a�� SEATTLE POLICE DEPARTMENT c .S ��j John Diaz, Interim Chief of Police Date: d Authorized by: Grant Program: Edward Byrne Memorial Justice Assistance Grant (JAG) Program WHEREAS, the Justice Assistance Grant (JAG) Program funded under the Recovery Act is the primary provider of federal criminal justice funding to state and local jurisdictions; and WHEREAS, ehe JAG Program funded under the Recovery Act supports alI components of the criminal justice system, from multi jurisdictional drug and gang task forces to crime prevention and domesdc violence programs, courts, corrections, trea#ment, and justice information sharing initiatives; and WHEREAS, the United States Congress authorized $1,970,933,000 in the Justice Assistance Grant (JAG) Program part of the Atnerican Recovery and Reinvestmen# Act of 2009 ("ARRA"); and WHEREAS, 18 jurisdictions in King County were required to apply for an ARRA JAG Program award with a single, joint applicatian; and WHEREAS, the City, as the identified Fiscal Agent, submitted the joint application to the Bureau of Justice Assistance on May 18, 2009 to request JAG Program funds; and WHEREAS, based an the City's successful agplication, the Bureau of Justice Assistance has awarded $4,882,208 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 ARRA.funds it receives to thase co-applicants; and WHEREAS, the City is not obligated to continue or maintain ARRA grant funding levels for the dAG Program once ARRA grant funds have tapsed; and WHEREAS, recipients of ARRA funds from the City shouid not anticipate the City wi11 assume responsibility for any program costs funded by ARRA once ARRA funds are spent; NOW THEREFORE, the parties hereto agree as follows: This Interagency Agreement contains six Articles: ARTICLE I: TERM OF AGREEMENT: The term of this Interagency Agreement shall be in effect from the date it is executed by the SPD Chief of Police, or designee, until February 28, 2U13 unless terminated earlier pursuaint to the provisions hereof. ARTTCLE II: DESCRIPTION UF SERVICES The services to be performed under this Agreement sha11 be conducted for the stated purpases of the American Recovery and Reinvestrnent Act of 2009 (Public L,aw 111-5) (the "Recovery Act") and by 42 U.S.C. 3751(a). The stated purposes of the Recovery Act are: to preserve and create jobs and promote economic recovery; to assist those most impacted by the recession; to provide investments needed to increase economic efficiency by spuxring technological advances in science and health; to Page 2 0€144 invest in tra.nsporta#ion, environmental protection, and other infrastructure that will provide long- term economic benefi�s; and to sta.bilize State and local government budgets, in order to minimize and avoid reductions in essential serviees and counterproductive State and local tax increases. ARTICLE III: SPECIAL CONDITIONS 1. Funds are provided by the U.S. DeparEment of Tustice, �ffice of Justice Programs, Bureau of Justice Assistance solely for the purpose of furthering the stated objectives af the American Recovery and Reinvestment Act. The Recipient shall use the funds to perform tasks as described in the Scope of Work portion of this Agreement. 2. The Recipient acknowletlges that because this Agreement invoives federal funding, the period of performance described herein will likely begin prior to the availability of appropriated federal funds. The Recipient agrees that it will not hold the Seattle Police Department, the City of Seattle, or the Department of Jusrice liable for any damages, clainn for reimbursement, or any type of payment whatsoever for services performed ttnder this Agreement prior to the distribution and avaiilabiliry of federal funds. 3. The Recipient sha11 comply with all conditions and limitations set forth in the FY 2009 Recovery Act Justice Assistance Grant Program Awazd 2009-SB-B9-0769. The FY 2009 Recovery Act Justice Assistarice Grant I'rogram Award Report 2009-SB- B9-0769 is attached to and made part of this agreernent, as Attaehment A. Allocation and use of grant fiznding must be in aecordance with all special conditions included in the Award Report. All R�cipients are assumed to have read, understood, and accepted the Award Report as binding. 4. The Recipient acknowledges that all allocations and use of funds under this agreement will be in accordarice with the Recovery Act: Edward Byme Memoriai Justice Assistance Crrant (JAG) Formula Program: Local Solicita#ion (http://www.ojp.usdoj.govBJA/recoveryJAG/JAGrecoveryLocal.pd�. Allocation and use of grant funding must be coordinafed with the goals and objectives included in the Local Solicitation. All Recipients are assumed to have read, understood, and accepted the Local Solicitation as binding. 5. Recipient agrees to obtain a vatid DtJNS profile and create an active registration with the Central Contractor Registration (CCR) database no later than the due date of the Recipient's first quarterly report after a subaward is made. 6. The Recipient shall comply with all applicable laws, regularions, and progxam guidance. A non-exhaustive list of regulations commonly applicable to BJA grants are listed below, including the guidance: (A} Administrative Requirements: OMB Circular A-102, State and Local Governments {10/7/94, amended 8/29/07) (44CFR Part 13} {B) Cast Principles: OMB Circular A-87, State and Local Govemments (5/10/04) Page 3 of 144 (C) Audit Requirements: 4MC Circulaz A-133, Audits of State, Local Governments, and Non-Profit �rganizations (6/24/97, includes revisions in the Federal Register 6/27/03} (D} The Recipient must comply with the most recent version of the Administrarive Requirements, Cost Pzincipals, and Audit Requirements. 1} Non-Federai entities that eacpend $500,000 or more in one fiscal year in Federal awards shall have a single or program-specific aurlit conducted for that yeaz in accordance with the Off'ice of Mana.gement and Budget (OMB} Circular A- 133-Audits of States, Local Governments, and non-Profit Organizations. Non- federal entities that spend less than $500,000 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 avaiiable for review or audit by appropriate officials nf the Federral agency, pass-through entity, and General Accounting Office (GAO). 2) Recipients required to have an audit must ensure the audit is performed in accordance with Generatly Accepted Auditing Standazds (GAAS), as found in the Government Autliting Standards (the Revised Yellow Book) developed by the Comptroller General and the OMB Compliance Sup�lement. The Recipient has the responsibility of notifying the Washington State Auditors Office and requesting an audit. 3) The Recipient shall maintain auditable records and accounts so as to facilitate the aud'zt requirement and shall ensure that any sub-recipients also maintain auditabte records. 4) The Recipient is responsible for any audit exceptions incurred by its aWn organization or that of its subcontractors. Responses to any unresoived management findings and disallowed or questioned costs shall be included with the audit report submitted to the Seattle Police Department. The Recipient 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 Recipient all disallowed costs resulting from the audit. 5) If applicable, once any single audit has been completed, the Recipient must send a full copy ofthe audit #o 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 Recipient must send the audit and the letter no later than nine months after the end of the Recipient's fiscal yeaz(s) to: Diaae P�lon, JAG Program Manager Seattle Police Department 610 Sth Avenue PO Box 34986 Seattle, WA 98124-498b 206-386-1996 Page 4 of 144 6) In addition to sending a copy of the audit, the Recipient must include a corrective action plan for any audit findings and a copy of the management letter if one was received. 7} The Recipient shall include the abave audit requirements in any subcontracts. 7. The Recipient agrees to coopera#e with any assessments, national evaluation efforts, or inforniation or data collection requirements, including, but not limited to, the provision of any information required for assessment or evaluation of activities within this agreement, for compiiance BJA xeporting requirerrxents, and with section 1512(c) of the Recovery Act. 8. When implementing funded activities, the Re�ipient must comply with all applicable fed.eral, state, tribai government, and local laws, regulations, and policies. The Reeipient is entirely responsible for determining the Recipient's compliance with applicable laws, regulations and policies, which include, but are not l�iznited to: (A) City of Seattle regulatzons including, hut not limited to: ,(�1} Equal Benefits Program Rtiles (SMC Ch.2D.45:http://cityofseattle.neticontract/egualbenefits� (2) Woznen and Minority Owned Affirmative Effort: If a Recipient intends to subcontract out any part of a contract instead of performing the work itself, then the following requirement app�ies: Consultant shall use affirmative efforts to promote and encourage participation by women and minority businesses on subcontracting opportunities within the contract scope of work. Consultant agrees to make such efforts as a condition of this Agreement. a. Oulreach efforts rnay include the use of solicitation lists, advertisements in publica.tions directeci to minoriiy communities, breaking down total requirements into smaller tasks or quantities where economically feasible, making other useful schedule or requirements modifications that are likely to assist small or WMBE businesses ta compete, targeted recruitment efforts, and using the services of available minority community and public organizations to perform outreach. b. Record-Keeping: The Consultant shall maintain,,for at least 24 months after the exgiration or earlier termination of this Agreement, relevant records and information necessary to document all Consultant solicita�ions to subconsultants and suppliers, all subconsultant and supplier proposals received, and all snbconsultants and suppliers actually utilized under this Agreement. The City shall have the right to inspect and copy such records. (3) Licenses and Similar Authorizations: The Consultant, at no expense to the City, shall secure and maintain in full force and effect during the term of this Agreement all required licenses, permits, and similar Iegal authorizations, and comply with all requirements thereof. (4) Use of Recycled Content Paper: Whenever practicable, Consultant shall use reusable products including recycled content paper on all docume�ts submitted to the City. Consultant is to duplex all documents that are prepared for the City under this Contract, whether such materials are printed or copied, except when impracticable to Page 5 of 144 do so due to the nature of the product being produced. Consultants are to use 1 QO% post cansumer recycied content, chlorine-free paper in any documents that are produced for the City, whenever practicable, and to use ather paper-saving and recycling measures in performance of tlie contract with and for the City. (5) Americans with Disabilities Act: The Consultant shall.comply with all applicable provisions of the Americans with Disabilities Act of 1990 as amended (ADA} in performing its obligations under this Agr�ment. Failure to comply with the pmvisions of the ADA shall be a material breach of, and grounds for the immediate termination of, this Agreement. Fair Contracting Practices Ordinance: The Consultant shall comply with the Fair Contracting Practices Ordinance of The City of Seattle (Chapter 14.10 SMC), as amended. Suspension and Debarment: The Recipiern certifies that neither it noi 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 Recipient is groviding the signed eertification setout belaw. The certification tlus clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it zs later determined that the Recipient rendered an erroneous certification, the Federal Government and City may pursue available remedies, including termination and/or debarment. The Recipient shall provide innmediate written notice to Ehe City if at any time the Recipient learns that its certification was errorieous when submitted or has become erroneous by reason of changed circumstances. The Recipient agrees by signing this Agreement that it sha11 nof enter into any covered transaction with a person or subcontractor who is debarred, suspended, proposed for debannent, declared ineligible, or voluntarily excluded froFn participation in this covered transaction, unless authorized in writing by the City. T'he Recipient shall include the requirement in this section in any subcontracts. {8) In the event af the Recipient's or subcontractor's noncompliance or refusai to comply with any applicable law, regulation or policy, tlze City may rescind, cancel, or terminate the Agreement in whole or in part. The Recipient 'is xesponsible for any and all costs or liability arising from the Recipient's failure to comply with applicable law, regulation, or policy. 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 Attachmeat B: Recoveiry Act: Edward Byrne Memorial7ustice Assistance (JAG) Grant Formula Program King CounTy Joint Application, Project Narrative and Attaehment C: JAG Page b of 144 Budget Worksheet, as approved by BJA. E�ibit B and Exhibit C are attached to and made pa�t of this agreement. The work shall, at all fi�es, be subject to the City's general review and approval. The Recipient shall canfer wzth 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 ad.equacy of the Work or Recipient's progress. ARTICLE V: PAYMENT (A) Compensation The Recipient shall be reimbursed on an actual cost basis. Total compensation under this Agreement is $183,079. The Recipient shall incur authorized allowable expenses in accordance with the Program Narrative and Project Budget, as detailed in Exhibits B and C. The Recipient may request additional reimbursement up to the atnoutit of interest accrued on their partion of the grant award. 'The City will provide quarterly statements to the Recipient, once the interest balance accrued. equals at least $1,000. Reimbursements will not be made for interest acciued that is less than $1,000. Reimbursements can be requested, up to the total amount of interest accrued, after the initial quarterly sta.tement has been sent, to perform tasks in accordance with the Program Narrative and Project Budget, as detailed in Exhibits B and C. The Recipient shall submit invoices not more thaxa monthly, and at least quarterly. After the f�rst quarter, monthly submission is preferred. Invoices are due no later than 30 days after the end of the period in which the work was performed. No travel or subsistence costs, including lodging and meals, reimbursed with federal funds may exceed federal maximum rates, which can be faund at: http://www.�sa.�. (B) Manner of Fayment. The Recipient shall submit reimbursement requests not more than monthly, and at least quartexly. After the first quarter, monthly submission is preferred. Requests are due no later than 34 days after the end of the period in which the work was perfozxned. Reimbursement request forms are provided. Substitute forms are acceptable. With each reimbursement request, the Recipient shall submit: Detailed spreadsheet of expenditures by task and related financial documents (timesheets, invoices.} Project status report. These documents and invoices must be kept on file by the Recipient and be made available upon request by the City ar to state or federal audztors. Page 7 of 144 Reimbursement will not be processed without accompanying documentation for the corresponding time period. Once the above conditions are met, payrnent sha11 be made by the City to the Recipient. Submit invoicing and docusnentation to: Diane Pilon, JAG Program Manager Seattte Police Department 610 Sth Avenue PQ Box 34986 Seattle, WA 98124-4986 206-386-1996 ARTICLE VI: AMENDMENTS No modification or amendment of the provisions hersof shalt be effective unless in writing and signed by authorized representatives of the parties hereto. The parties hereto expressly reserve the right to mvdify this Agreement, by mutual agreement. Page 8 of l44 i nepartmmt oF]ustice sti Off�e of Iustice Hrograms Buresu af Justice Assistance i 1 rnc� oF ia Grant I i 1_ REC�Nf NMtH AND ADDRFSS (Incla6ng Tip Codc) GYry of9nWe 600 416 Av� 716 floor P.O. Box 9A749 9eattte, Wq 98t21-S749 IA. GR.Al�7'EE 1RSdVEAt00AN0. 816061303 4. AWARR NIAMBER: 2009�38-89-0769 E i 5. PROJECT YFR70D: FROM 03/01/2004 TO 0?/782D13 BUDGETPERTOD:FROM a3M112009 TO 0�la812013 6AW D�176 O6/ESr2009 7.ACftOM &SUPPIFMBNTM)M$ER� 1 d�t 00 9. PREVfOUS AWARD AIY�iFN1' S 0 i a, exorgcrrme to. auouxroF�us awaRn Flr sa� Recovecy aaluedce,4ssicanea acent Rogram j I t1.T07'ALAWARD i 54.882,208 l2. SPBCJAL CONDITIOTIS THE ABOV& GRAI`t7'PR07EGT IS APPROVED SUB.IECT TO SUCH CONDri'fON3 OR tlhll'IATIONS AS AR6 SSCPOICIH ONTftE ATi'ACHED PAGE(S7. 13, 3?A7l�i'OR1' eUTHORTCYF�t G}RArCf E� 7'his pt4jecl ie sapper0ed �[rtder FY09 Raovay Aet (BJA-Byme JAC�s Pub. L. Tb. t t-5, 42 [JSC 3750.3758 1 S. ME7tiOb OF PAYMEMS PAPRS E� AGENCYAPPROVAL �I ORANTEEACC6PTANCB 16. 7YPED NAME AND TiTLfi OF APPROVINOOFF7CIAL j 18. lYPED KAl� ANq TIIZE OF AUiHORIZEII GRANfE6 OFFlCEAL Jacnes A Buxh II I Qmg Nickels 1 paiugDireaa I. �yyur f i I7. SIGNATU85 OF APPROVING OFFICIAL SIONA OF i i a(?ENCy USE �I[,Y I j 20. ACCOUNl7NQ C�.ASSIFICATION CODES ISBIIGT 6 i F19G4L t'[.MD BUD. ON. YEAR CODE ACY. OFC. RECi. SUB. POMS A�fOUNf 9 B SB BO 00 04 48822�8 I l L OJP FORM400W2 {REV. 5-87) PREVIOUS IDITIONS ARE 0850LE'fE. WPFORM4000/i(REV.48� 19A. DA'Cfi a 1 i 1 i 3 sa,asz,zoa E nep�pna�caEr►�srice f i affice of Justice Progcama Bureau of �ustiee Asaistance i f PRO�CTNt1MBER m04S&89-07� aw�n corrrwvnz7[ort SHEET AWARDDATE ON25fZ009 i PAGE 2 OF t0 f SPECfAL COAfplTYONS l. The rzcipieat agrees to ooanply with ibe Raancial and admi�stradve rdqidrema�ts aet forth in d� curreut ediuon ofthe. Office of Justicx Pmgrarns (OTP)Financial Crttide. 2. T6s resipieat aclmow[edges thst talure to aabmit mt acceptable Fqual Bmployment Oppo�timity Plaa (if recipietR is requued m aubmit one Qarauai�t w Z8 C.F.R Sation 42.302� tdat is epproved by tfie Offux fos GSvil Rights, is a violstian of its Cerlified Assnrances end may nsuk im suspmsioa• or termirmtioit of fwid'ttag, upnl such time as the ncipient is na c�npliance. 3. The raipient agees to comply with the argaaizati�al �dit requireme�rcs of OMB Circufar A-133, Aadits of Smus, T.ocsl Govaaments, and Nat�ProPit Orgaaizat;ons, and further undarstanda a�d agcees thet fimda umy be withheld, or other miat�d reqnicaments mfy be impo�ed, if ou�anding andit issurs (if any) fivm OMB G�rcular A-133 audits (and asty other sudifs afOJP geant fm�ds) ate uot aetisfaetcxily and pso�ily addressed, as fnrther descn'bed 'm the current ecfirion of tiu 03P Finan�ial i�nide, Chapta i9. 4. Recipient uaderatende mnd a�rees that it caanot use aay fedarat fimds, eirher directiy or indi:ectly, in supp4st o£ rhe eoactaent, rapeal, modi&�on at adoption of arty law, regulation or poliey, at mry lavel of gavernrnent, without dx expressFrrior written "spproval of 03P. 5. The roci�ient mvst Pro�t1Y iefer to the D07 OI13 aay ered�'bte evideace thst a P����, �P�Yee, agent, amuactor subgr�tee, subcon�eetnr, or other peraoa has eitha� 1) submit�d a false claim for grant fnnds under tha False Claims Acr, or Z} committed a cebninal a civit violatioa of Iswa permining eo &aud, conflict of interesk ��Y, &�i suni�r misoonduct mvolvin� Cunda. This condition sEao applies to any st�btecipi6nts. PoteMial fravd, weste, abusq or misconduct ahould be reported to the OIG by mai1: OIIice of ths Inspeetar Csei►eral U.S. Depachnent of JQStica Inveati�tio� IIivi�on 950 Peunsylvarria Ave.nue, i3.W. Room 470fi Waskring6on, DC 20530 e-mail: oig.hottine8usdoj.gov hotlme: (contact infomeation in Engtis� end Spanish): (800) 8B9-4499 or hotline fax: (202) 6l6-9881 Additiotml iafwmation is availabk from the DOd OIG website atwww.usdoj.gov/oig. 6. RECOVERY ACT Conflict with Othetc Standard Temu snd Conditions The recipient tuiderstand4 and egssos thst all other terms and canditions cantained in this award, or ia epp6cable OJP gant poGcy statamema or guidance, sPPly uniess they conAict or an supecsedcd by the tams aad conditions included here that spxiEcally uaplerneetthe American Recovery and Reinvesu�ieut Aa oF2009, Acblic Law 1(1-5 {"ARRA" i or "Recovery Act'� �eqairernenrs Recipienu are responsible far contaaing their grant memegers for eny needed clarifications. O1P FORM 4000/2 (REV.4-38} 4 Depa�seufofJustice Of�ice of Justice Pmgrams AWARD CONTINiJATION Buresn of �ustiee Assis�tsnce SHEET eacF s oF ta Grant' i rxo�crrr�traaEa zoosss-B9-ots9 AWARDDATB 06@32009 s�scraL canrnr�roxs 9. 71u granta ag,roes w assist BTA ia caruplyiug with che Nationat Eavironmontal Polioy Aat (NEPA� the Nati�al FTis�oric Presenret'wn Ace, end other retatod federal emirnnmenW impact a�lysa requ� in the use �f these grant fl�ads, eit[ser directly by she grantee or by a sub8�antea. Ao�ordinStY. the grantee agreea to fust dabamriae if any af the fo3lowing acriritiea witl be fimt3ed 6y the grant, pria to obliga6ng fuads far any ofdreae pvtposes. 3f it is detamined that any of the fnqowing activities vn'1! be fimded by the grant, the granhe ag� ro contact BJA. T6e graaue un�leastands that t6is special condition appties to i4 followiag new activides whether os not thay are being apecifically fimdad with these grant fimds. T6at is, as [ong as the ectivity is beiug conducied bY tha grazrtee� a subgiantx, ar any ttrud partq aad du activity needs tn be wtdertaken in ocder to use thase graat fuads, this special condition mast fnst be mei The setivities covared by tbis spwiai candition arG a� 1Vao'v conshuction; b.. Mnaarnmovatioa or ramodeling of a propaRy Located in aa �vironmentally or histwical�y sensitive area, i�iuding propeRios Iooeteci withut a 100-yrsr flood plain, s watland, ar habiut for endangered species, or a propetty tisted on or eligfble for liating aa the Nationai Ra� of Fxatoric Piacas; c. A reaovatioa, lease, or any proposed use of a bailding or feca7ity that will either (a) result in a change in its basic priaa use or (b) significantly c}�nge Its siz� d. imptementatioa of a new program imwlv6tg the use of chemicels otthu th•m chemica3s that are (s) purc.�ased as an incnd�ntal componeirt of a fimded acdvity and (b) trsditioaslly nsed, �r example, in of�ice, household, r�reationa[, ed� emiromnents; and a Imglementatioa of a prog�am celating to clandestine methamphet�hu laboiatory operatio�, inainding the identiHcatioq seizme, or ctoerue of cland�ittt mzfhamphatemine labarataries. 7'he grantea undxsmnds snd ag�ea fltat coraPiyin$ withNEPA may requiro ifie prepsntia¢t Of an Env�4n�mtaf Assessment and/or au.Environmental Tmpact StamrnenE, as directad by BJA. The �aixDee fiather mtderstands and agreea to the raquiremants for implemenmRion of a Miti�tioa Plan, as detsiled st [web�teJ, for programs rolatiug to methamphoffim� Inborataay opaations. Ap�licati� of'I7tis' Speciai Condition to (3ranteds Existing Programs or Activitaes: For any of the grantee s or its sabgrantees' wrieting programs or activities chat will bc ftmded by these g:ant funds. the gra�rceq upon specific reQuest from BJA, ag�cs to coopttate with B]A in any pceparadon by BJA of a nadonai or program environm�tal assessment of that funded program ac activity. S. 'T'o avoid duplicating existiag netwprks or iT systems in arry initiatives fuaded by BJA f� Iaw anf�rcemeni information shacing systems which involve entersfate coniiectivity between jnrisdicrion, such systems shalt amploy, M t}�e extent p�bte, existing networks as the eommusaication bacicbone zo achicvc interstate connecoivity, ualass tbe grantee can demonstreto to tha setisfaction ef B!A that this req�ramoot would not be cost effective or wouid impair the functionality af an existing or proposed IT system. 9. 'Tha gantee agees ro comply with sit reporting, data col[ectioa and evaluation rcquirements, as pm.scnbed by law and d�sailed by the BJA in progcam guidance for the Jnstice Assistance C�rant (7AG) Pro�am. Compfiamx with tfiese requiranents will be monitored by BJA. 10. The recigieut agrees that eny informa6on u�hnotogy system funded or supportcd by OJP fimds w11 comply with 28 C.F.R. Part 23, Criminat Intclligence Systems Operating Policies, if OJP datcrmmes this regulation to be applicable. Should 07P detaemine 28 CF.R Part 23 to be appiieabir, OJP may, at its discretion, perfmm audits of the syseem, as per tho rogulatioa. Shwld any violaROn of 28 C.F.R. Past 23 occur, the zecipient may be fated as per 42 U.S.C. 3789g(c}{r�. •Recipicnt may not satisfy snch e fine with fedcral fimds. oJr �oxM aooa2 (x�v. aaa� DepartrneatofJnstice Office of 3urtix Pm� Bureau of Justfee Assistance PR0J6CTNUiVlSSR 2D04-SB-B9-0T69 aw�xu corrTnwarcorr sx�r Grant AwARD AqTE 06/lSt2009 PAGE 6 OF ID SPECIAL CQNAITlONS t l. The gremee agiea to oo�ply with the applicabte toquice�tts of 28 C,F.R Pact 3B, the Depaitroent of Iustice �w�� ��8 "�N Tieahnent Sor FaiMi Based Ckgmi�ti�s" (tbe "Equal Tneam�nt Raguiation"�, T� Eqoa1 Treadmant RegulaEion pmvides in pm�t that Departa►ent ofJustix grant awards of d'uect fimding may aot be nsed W fund any inherently retigions activitiea, artch aa worohip, religiovs n�stnscfio�, or pmoselytization. Rxipients of dirat I gEaats may stilt a�gage ia mhermsly re�igtovs activities. ix►t �uch ectivities mnst be separato ia time or placa fmm the Depactrnant of Jus6ce fm�ded pmgram, aod perticipstion in �uh activities by mdi,ridoa4t recoiviag service9 imm tke i 8cm►tea a sub-g�antee muat be volu¢itary. The Equei Tieatment Regalation alsa makes clear that oxganizallops P��PaGnB in �O�ams directtY f�ed bY the Degerlaie� of Justsa ere not permitted to discriminate in the provision ofservices oa the b�is of a bonefioisty'a religi�. NoRwiqsatanding eny otba speciel caxlidon of this award, faith- based arganizatio� may, in stane cincrmistancee, coasider retigion as a basis for exnployment Sa hVp:/ltvtwr.ojp.gov/aboudocr/eqtml tbo_Mm. l2. 'I7�e reapient a� tn �so¢a that tlu State Informaticn Teelmology Point of Contact ncciv� writt�► notifiraU'ori =eBaTdinB utY infotmation te�hnology Projxt funded by thia grant dnring tiu obtigati� snd oxpenditnre period. This is W facilitate commimieatioa� amoag locs3 and stau govemrt�oatal mtitiee rega�ing variws iafom�adon technology projects being coaducxd with these g�aat fimds. In addii9oa, the rxipimt agrees to maintain an administrative fiIe documenting the meeting of ehis raquirement. Fa� a list aFState lnfor�ariai Tecbnclogs• points of Comact, go m FEnpJ/www.itojp.�v�aefault.asp�c?acea policrnnaend;ee&pege—loas. 3_ '18e recipieat agrees that fimds receivcd under this award w:l[ not be ueed to supptent Stata ar Iocat fimds, b�rt will be nsed to inerease the amom►ts of auch fimds that wwld, in the absenca of Fedeirel faada, bs made availab� for ]aw enfom.emeat activities. 14. RECOVERY AC'f -JAG -Trnst Fund Tl�e rxipient is required m eatablish a trusi fiu�d secouat. (The fi�t frmd may or may not be aa iatu+est beariag accown.) The fimd, including any intarest, may not be used to pay debta or expmises incum& by othar activities beyond ttre eeope of aither the Edwa� Byrne Momoria[ Justi�e Aasistance C�rant Program (JAQ) or Recav�y JAG Yro�am: Tlic necipimt also agrees w obkigate aud mqiend the g�ant fonds m the trust fund (including any interest earne� during the periad af the grant. (ireat tLnds.(u�ctuding any intcrest earnect} not cxpended by the md of tLe gant period muvt be. mAancd tn tl� B�aeau of Jnstiee Assistance no later 3ha� 90 days after the end of ffie grant period, along with the fmal submission of tLe F'mancia[ Ssatus Report (SF-26�. k5. RECOV�it.Y ACT Access to Reco�ds; Interviews The recipient undeistands and agrees that pOJ (i�luding 07P and tlu Office of the InspecWc C�terel (O1G)), and its represauatives, aad the Govemment Accoamtability Office (OAO), shaY hevc access to and the right to examine all recnrds ('ipchufing, but nat fimited tq books, papers, and documents) ralated to chis Reeovery Act eward, including such ncords of any sabrccipimy coatractor, or sobvwniractor. 'fhe rexjpi�t atso �mderstaads aod agrees that D03 and tha GAO are suthorized io interview azry officer or employee of the recipiem (or of any subsecipient, croatractor, or subc�ntractor} regarding uansactioau related to this Ree:overy Act awsrd 16. RECOVERY ACT— Ome-time fus�ding The reeipient undorstands and agrees that awacds under the Recovery Act vnll be o�-time aaiaods sad aceadmgly that its proposed projxt acrivi6es and delmerables are m be acco�nplished withovt additional DO] fimding. OJP EORM 400W2 (REV. 488) t.^. DeparUneatoPJustice i Office of lusticx Yrograms E AWARD CONTINUATION Bnreaa oiJusliceAssistance SHL�ET ewce s oF �o Grant rRwECrr�san soo9ss-ss-oTS� �kWARDDATE 06f15t2009 SPECLlL CONDITIONS 17. RECOVERY ACP— Saparau 1Yacicmg and Repmxiug a£Recovery Act Fnnds aad Oumarnes Therecipiamt agrees to uscly account fur. and report on aR fupda fman this Recovtry Ac[ awacd (i�ludin8 spocifsc ou�es and beaefils attdbuuble to Recovery Act P�mds) �rcatelY fmtn all other Amds, mclading DO7 award funds 6aa noa-Recovcry Aa awards awarded for t4e sanae sim'iar PurPo�s or �ams• (Reco'►erY Act &mds may be o�d in coajunction with orher #Lading as nece.dsary to camPlete Pr�1�s,1�ut eraekin$ and roportm8 of Recavery Act fiQUds must be sepacate.) Axrnd'mB�Y, the accoaat�g rystems of the secipiettt and all subrecipienss mnst ensure that fiends from thie Recovery Act awazd ate noi commiagled with f6nds fran atiy other source. The rtcipieuc fiuther sgraa that all p�rsanael (inoluding autsiecipient petaotme� whose activides are to be c}�arged m the award v�n11 maintein timesheers w document hours worked fa acdvit�e ratated to this award and mn-swand- z�elatad activities. l8. RECOVB1tYACT—Subawaids—Momtaring. The recipieat agrees to momtor �bawm�ds under tltis Rccwvery Act award 'm aceosdance wtth a]t applicabk smtuEes, mgnlations, QMB circu2ars, and Euidatines, mc2udi� the OlP F'�usneial L3uide, and to inciade �m epplicab� wudid�s of 8vs award in aay snbaward. The recipient is responsible for oversight of submoipient spendeng a�d monitaEng of speci6c ouh:ames and benefits attribtrtable to use of Recovery Aci tfmds by subrxipim/s. Tbe recipient sg`ea to submit, upoa requast, documen�tion af its policies and proced�aes for mas�itoring of subawards undac dus awaed. 19. RECOVERY ACT Snbawarde DUNS ead CCR for It�porting 'I9m rxipiertt agrees to worfc with its first-rier subreeipumrs (ifaqy) to ensuce that, no later than thie due dau oftlw recipieat'a fust q�rterly repcxt aftcr a subawerd es made, ths subrecipvent t�as a valid Di1NS pmfi�e and haa an acHve registration with the Cemtra2 Coairactor Registration {CCR) database. 20. itF'.CUVERY ACT Quarteriy Financial Reports The recipimt agreea to submit quarteriy financial status repoxts w OJP: At presant, these repo�ts ate to be submitted on.line (at hnpsJ/gants.ojpusdoj.gov) using Standard Porm SF 269A, not later than 45 days aRer the enh o£eech calendar quarter. Tha ncipiene understands that aftec Oetober I5, 20b9, OiP will discontinue its usa of the SF 269A, and will raquiro award recipieuts m submit qaarterty fiaanciat status reporls within 30 days after the end of each calendar quarlar, using the govemmmt-wide 3tsndard For� 425 Federai Fenancial Report from (available for vicwiag at www_wlvrohouse.gav/omb/grants/staiidard fotxasJffr.pd�. Beginning wiih the rq�ort for the fotuth cetdtdar.quarter of 2009 (attd contim�ing thereafter� the recipienc agrees that it wiU submit quarterly fmancial status nports to dJP mi- t'mc (at httpsJlgants.ojp.usdoj.gnv) using the 3� 42S Fcdceraal Financial Repott fbtm, not later tfian 30 days after tlte end of each calendar quarcer. The Cnal repcttt sball be submitted not later than 90 days following the end of tha grant pexiod. OYP FORM 4000/2 (REV. 4B8) 1 s Dapartma�t of Jastice i Of�ice ofJustix Pmgrams AWARD CONTtMJATtON Bureau of dnsttce Aesistance sftEE'I' PAGE 6 OF t0 GY8lit PROIECT MMBER 2�09�E-89-0�69 i 21_ i i, AWARD DAT6 Ofi2S2069 SPBQrdL CDNDP170NS RECOVERY ACT- Recovqy Act Tzanaactiaes Liated in Schedule o€Expeaditu�es of Federal Awasds and Recipimt Respona�'biGtiea fa 1nfa�niag Subreapimta 71►e mcipieat agrae to maintaiu �e rLat identifp ed�elY the'sou�ce aad applicarion o£ Recovery Acr funds, to maximitz the Kensparoncy md accountebility of fiinds autha�ized noder the Rccovery Act as �uired by the Act a�l in accardance with 2 L`PR 215.21, "Uaifottn lldroinisus4ive Ra�roremenu far Gr�ts aad Agreements mie� �ons of Higher Education, Hospifals, and Other No�prafit Orgaairations" and ObiB A-t02_ Cammon Roles provisi�s (relating to C3�ant� and Cooperativo Agteameats with St�e end Local QovanuneNS). N) The recipient agees to sepazately identify du cxpendidues for Feda�al awarda u�de� il�a R�ccovery Act on the Schedule of Expeudituxes of Federal Avrstds (3EFA) snd the Data Collection Form (SF SAC) reqnired by Oi�iB Cyrcailat A-t33: Thia condi6on onty appfies ifthe rea+pienc is cwmed by che sing]e nudit accAmendmcnts of 1996 and 4MB Cira�lar A-133, "Audits of States, I.ocal Govemments. aad Nan-Profit OrganiaetionA"• This shalt be accomp}ished by idmafying acp�drturos for Federal aw�da made under the Recwery Act sapatate[y oa die SEFA, ead as scpatat� roovs undt.r Ftem 4 of Part III an the SF�AC by CFDA nwnt�er, and inctusiqa oftbe p�ofix "ARRA-" in identi€ying the name ofthe Fadtral progam oa the SEFA �d a4 the first charsctees in Item 9d ofPart ]II on the SF- SAC. (e} The recipirnt agees W sc�r�ly idartify to o�h aubrecipient ths Fedeni award number, CFDA anmber, an@ amou�rt. of ReeoVery Act fimds, sad to docummt this ickntifiestiar� both at cbe time of s�awand and at tho tmaae of disbnrseme� of 6mds. Whea a recipi� nwards Rxovary Act £unds for•an existiaB prog�sm, the information fumished to sub[edpiems shall distinguish the subewards of inc:emeatai Recovcry Aat fim� &om regular subawards under the eacisting pmgram. The ta:ipient agr�es W requue iis eubr�cipients to epexificatly identiCy Itecovcry Act funding oa their SEFA informadon, aimilar to Uie roquicements f� the recipient SEFA deacn'bed sbove. This infortnation is needed to allow the Yecipient to properly monitor snbaecipieat expenditiue af Recovery Act funds as weti as faeili�te oversight by the Federdl swarding agencias, t}w AOJ OjC�, and tho GAO. 22. RECOVERY AGT Repordng aad Regist[ation Reqttireme[�s nnder Section 1512 of the ltecovery Act (a) This award nquires d�e rocipient to completo projects or activities which are funded undtr ihe Recovery Act and to report an use of Reoovery Act funds provided thmugh tbis awerd. Infoia�ation from these rtports wc�l be made awailable to the pubtic. (b) Tha reports are due leter than ten calmdat days after cach calendar quader ict which the recipient receives the assistsace award funded in whole or i n part by the Recovcry Act (c} Recipients and thair £ust-tier r6cipi�ts must maintain cunent �egistrarions in the Cent�al Co�ztractor Registration (www.ccr.gov} at all times c]ucing which they flave active federal awm�da funded with Recovery Act fuuds. A Dun and Bradsheet Bata Universal Nutnbecing System (DUNS} Namber (www.dnb.com) is one of the requirexaenis for rogistwtion in the Ceatral Co�actor RegisOration. {d) Tha racipiont shell report t�he infocuiation deacn�bed in sactian 1512(c) of tho Recovery Act using the reporiing iasuucfio� and dam elements thatwili beprovided online at www.FederaiReparting.gov and «�suro ihat any infomiation that is pro-fi!!ed is corr�ed or updaDed ss needed. i i i i O]P FOR7d 40t1012 (REV. �.88) i'. D�ent ofJustice OPFice of 7ustice Programs Bureau of Justi¢e Assistance AWARD CON?INUATION I SHEET PAG& 7 OF SO Gtant rxo�crxun�s� zoo9•se-s9.o•rs� nwartn aa� o�zsnao9 SPECIiIL COND1770NS 23. RECOVERYACT-ProvisionaofSection1512(c) The rec�piant naderstanda thet sectlon 1512{c} oFthe Recovery Acc �ovidcs at follow� Recipieat Repons- Not latet than' 10 days after the aud of eack caleadar qtmrter, each recipient that �eapvod ra�wvery funds from a Federal agency shall submit arepart to that agmcy t6at c:ontaing- (1} iLe total amounc of �eeovery fnnds rcceived frorn t6at agancy; (2} the amau�t of ncovesy funds xecgived that were ezpeaded or obligated W projeds or �6virias; and (3) a detailed Eist oFall projects or activiaes for whicL mcov�y funds we�e acpended or obligated. inelu�ng-- (A) du name ofthe projoct or ectivity; (B) a description of the project or activity; (G'� an evaluat[on of tha campEation smtus of iha pzoject or acrivity; (D) an estima� of the number af joba cmaEed and the nimnber of}obs retained by the prajactor activity and for ia&astn[cNre iaves�na�ts made by state and loeal govanments, the patpose, ooml. aost, and rationak of tfta agenoY fior fitndiug the infrasLvcture iavas��ant with funds made ava7abte nndar this Act, and name of the person w. wnract at t�e agency if thene aze ca�ncwr►s with the i�'rashvcture in�rcaeneent. {4) Deteiltd'iafaama�on on aary subcoa� or su� awarded by the recipient to include the data elementa required to comply with the Pedaaf Funding Accowrtebility and ?rantQareacy Act oF2a06 (Public Law 109-282), allowing aggregate reportittg on.awards below $25,600 or to individuaIs, as presCn'bed by the"Diroctoz of the Office af M�agema►t and andgot 24. RECOVERY AGT- Proteding 9tste and Local Govarnmem end Gbntracta Wf�isfteblowas (ltccovery Act, section 3553} The recipient rocognizas ffiat tlu Recovery Acl provides certain pratactions againat reprisals f� aeiployas of nan- Federal employers who c�isctose intbcmetian reasoo�ty baliaved to be evidenee of,gross a�egement, gmss wesu, sobstantial and specific danger to pnblic health aa� safety, abase of authority, or violatio� of law :elated to �ttraccta or grsnts using Reoovery Act funds. Far additional infom�ation, mfer to secrion 1553 of the Rocovery Act. The text of Recov�y Act is avaifable at www.ojp.usdoj.gov/rxovery. 25. RECOVERY ACl' Limit on Funds (Recovery Act, s�crion 1604) "Fhe recipieat agrees that none of the funds �mder this award tnay be used by eny State or local govemment, or any private entily, for cotrshuction costs or any other sit�port of aqy casiao or othar gambliag establis2unes�t, aquarium, zoo, goif course; or swmuning poot. 26. RECOVERYAC]'—infi�ashvctureinvestmait(RecovayACt,�xions L51L and 1602) The recipiant agraes that ii may not use any &mds matle avaitable under this Rccovery Act award fa iafrast�uchice investment ebsent submission of a aaGsfactory certificatioa uvder sectian 15l I oFshe Rxovery Ac� Shoutd the recipiene decide to use funds for infrasm�came invosirnept subsequern m awand, the recipient must submit appropciate ceriifications nnda secrion 151 t of tha Recovay Act a�l receive prior approval fmm OJP. In seeking such approval, tl� recipient shalt give pref"erence to activities that canbe started and completed expeditioasly, snd shall use award funds in a manner t6at maximius job creation and xonomic beaeSu. The text of c6e Reravcry Act ("u,clnding sxtions 1511 and t602) is avai}akile at�vww.ojp.usdaj:;ov/ncovery. O7P FORM 40U0l2 (ltEV. 4-8� Depsrtn,w�t ofluatia Office of luatice Programs AWARD CONTIMIATION Bureau af dustice Assistance SREET r,ics s oF io Grant exoJSCrtvun�s�e aoos-sa-es�a�ss AWARD DA'FB UN252009 SPBQ.lL CONDITIONS i. i I I 27. RECOVEItY AGT BuY Amaican Notifimtion (Rocovery Act, section I60� 77u caaipient nnd«atsnds d�at t5is awacd is snbject to the provisions of seciion 1605 of the Recovory Act ('Buy Ametican'�.. Mo awa�d fi�nds may be wed fa� irw�, sbeel, or manafactorcd goods for a project for the canatruction, alteintioa, maint�aace, or repaa of e pnblic bw'idiag or pubiic wo;k. unlps tho wcipient provides advance vrcittea �tifxacioa to che O3P progtam o�ce, and a(3raat Adjugoaaa Notico is issned tfiat mod'efies this spercia! conditioa to ada govcmmmt aiae ataoaaza aonaitions {anae�atea to be �btished in subpatc.s of z GF.R. part I7� enat fiather implement the spocific:equir� e�eptions of sact3on 1605. Sxtia� 1605 ofthe Recovoiy Ad prohiblp use of any Reoovmy Aot fimds for a projcet for tho oamhvetion, akeration, mainteaai�ce, orrepair of'a pubfic buiWing or public w�k wless sIl of the irwy steeL eud manu&cqmd goods uged in tlw projax are pmduced ia the United Staks, subject m c�min exceptions, inctud'mg iJnited Sfates obtigetions u�er mtesnadonal agreemo�. Fot purposis of this special conditi�% tha foliowing defiaitiovs apply: "Pnbtic buildir�' and �'publie wc�k" means a pubGo bui[ding ef, and a public work o� a�ve�nmeatal wticy (the United Staoes; t6e Biad�id of Co(umbia; commonwealt�s, tariwries, and muior wtlyiag islands of the United Smns; State and locel govecaments; and mutii�mte,.regional 0[ ItIfdCSSA�B CtlI1�1C3 WbICIl ISSYC gOVORV1lCqWI �RIChOmS�. ��C bui7din�s and worYa may i�Lnle, widwnt lunitation, br[d8es, dams. Plants,lvSk�YB. P�YYs, ��s, �'aY� wsnels. saW+ats, maina, Powe* liiva. ptwapin8 etationa, heavy generators, railwaYs. aicPorte. t�iaals. docl�, p{e,r�, a'aYB. tiP+��> b�Ys.1��; baealca'aters, l�vees. and cnnals. e4d the conshucdon. elte�atioa, maintenance, rn repadr of tuch buiidings and works. "bEa�nu� good" means a good brought m the �nehuction site for incorporation into the building or w�k that has 6eea- (1} Processedinto a specific foim md shap� or (2} Comb�iaed with other raw material m create a materiel that has differem propeRies tfian the propenies of the individ�l raw matorials. 'SteeP' means aa atloy that inclades at least 50 percent imn, between .02 and 2 pereent carbon, and may include ot}xr elemeats. For pwposes of OJP grants, projects involving oonshuction, attecation, meinte�ance, or repair of jails, deuntian facilitiea, prisona, public crime victims' shelte�s, po6ce facilitiea, or other similar projects wiIl li3cely trigger this psovision I�tOTE_ T6e rocipient is encouraged to coatact the OJP progtam managor ia advance with any quasfions concerning this condition, inctnding its appiicability Yo paRiculas ci�umstanccs. osr eoa.� aaoaa trtEV. ass� Depsrtme�rt of Justice Offic� of Justica Programs Bureau of Justice Aasistance i 1 1 r�at�cr t�n+ta�t zoov.ss-ss-u�w awn�a cox�x�raTTOrr SHEET CsY81tt awat�n nwts o�saoos SABCLiL CONDiTlONS PACie 9 OF 10 28. RECOVERY ACT Wage Rate Req�uremmfs under Saction 16D6 of tke Racovery Act (a) Section (606 of �e Recovozy Act requires that eIl laborere a� mechanics amployed by oont�ctors snd subcamtranoon a► projecte fnnded dircctly by ar assisud in who(o in paR by aad thmugh tho Fedetal Government piasuaat to the Racovqy Act shati be peid wages at,� not lese tltan those prav8iliag projects af a charxcter similar in tt� laeality as detem+ined by the Secratary of Labor ia accosdanee with eubchaptee N of chaptec 3[ of title 40, United Smtes Code. Pursuant to Reorgann'rcation Plan No. t4 and the Copelaad Act, 40 U_5_C. 3145, the �m�xnt of Lahorhas issued regatationa at 29 CPR Parts 1, 3, and 5 W impl�entthe Davis-Bacon sad relakd Acfs. Regulati�s in T9 CFR S.S insmict a8encias conCeming appficatio� oPtha stanaard Davis-Bacon cantracCClausas set forth ia tfmt section: The standard Davisr-Becaa coatra� clauses fonnd in 24 CFR 5.5(a) are to be incorporated in any c:overod cn�xacts roade undcr this awerd that are in excess of 52,000 far onnsAuctian, aheration or repair f ncludiag �a8�an�d decaatingJ. (b) For sdditional guidance on the wege.iate requQematsts of section 6Q6, e�snuct yrnrr awardiaB eS�Y. ReaipiaMS of E?anLA coopa�ative egreamoms and ]oens should di�ect tl►eu� initial inqnirios cenxrniag the apgiicetion ofDavis-Baoon requ�emn�ats Lo a psrticular fede�ally assisted proJect to the Fedcral ag�cy funding the projeot The Secretary of Labor retaias fmal caverage ant�riEq under Raorgaerization Plan Number 14. 29. RECOYERY AC7 N�PE1 snd Retated Laws The reeipirnt mulerstands that ali UTP awatds are subje.ct to the Natioaat Environmeetai Policy Ad (N&PA. 42 U.S.C. saction 4321 et seq and other rctazed Federal laws (includiag the Natioaal H'utoric Pi�ion Act), if applicabte. The redpient agrees to aeaiat OJP in canying wt its responsibifiriea wder 1VEPA and nlated laws, if tfie recipient pla�ss en useRocovay+ Rcc fimds (directly or ihrongh subaward or co�aot) to uodermke apy ectivity that triggers thcae recPt'aanenis, such as renovarion or coosmicHon. (Seo 28 C.F.R Part bl, App. D.} Tha recipient atso egrees to ca�sPly with aU Fedelal, State, and local environmentel lews aad regulstions applieable to the development and implementatioa of the sebivities to be funded under this award. 30. ItHCOVERYACT—Misuse ofawardfimds 'The recipien: understands and agees that misuse ofaward funds may result in a range of peaalties, includiag suspensian of currcat aad fi�due fimds, suapension ar debamxnt froro federa! granis, recoupment of monies provided under an'award, and civil aneVor ccvninal peaaIties. 31 RECOVERY ACf Additional Reyuiremeats and Guidance The rectpient agrees to comply witk auy mo�ficarions or sdditional requirements that may be imposed by lsw and futwe OJP (inciuding gavernment-wide) guidance and clarificatians of Rccovtry Aa requirements. 32. RECAVERY ACT JAC3 I�eliaqaenL scction I512(c) reporrs The recipieat aeL�nowkdges that ic has certified that u will comply with atl reporting requiremenrs uader section t 512(c} of the Ttecovery Acc (An on[me reportixi� mechanisrn is anticipated ro be available for award recipient use by Octohet I0, 2009.} Purher to t6is certi8cadon, a faifisa to comply with the sacfion 1512(a} repu�ting requi�emeats may, ia addition to other penalries, subject the recipient to the foliowing. {i After fai7ure m report sectioa I S l2{c) dara for two �nsecutive reporting periods, We recipient may bo--- (e} precluded from drawing down fnuds emder any OJP award, and/or (b) deemed iircli�ble for Futnre discreuonary O7P awards, until such time as the rocipient becomes cunent in its section 1S 12(c} reporting obligations; and i (2} After fai(ure to �eport sacdon L 512(c) data for three cflnsecuNve reporongperioc�; the recipiern, upon writton demand of the Director of BJA, shaR retarn so O� any emexpeaded award fimds {including any unexptnded iatmrest earned on award funds) wirhia l5 calender days of the date of the demand notice.lLereaRer, the recipiea4s award shalt be convertad to s cost-nimbrncsable grant until such cime as the recipient becomes cumnt in its sec�on 151 nporting obligations, and ramains cuxrent For not less �n two additiona] cnnsecutive reporting periods. i OJP PORM 4000t2 (Itbv. 4-88) i Depa�nnentofdustice t a�� orJ,� awaRn co�n�tuA�rYON Burean of Justice Assistsnce E SHEET pAG6 30 OF SO l i G�t i PR07ECENUMBER 2009.58-84-0769 A�I/ARDDATE p6/15/1009 i. SPBCI.tG COND1T70NS 33. Recipicnt may na obligate, expatd otr �vdown fimds mtii the Burean of 7t�stivc Asaistmnes, Offwe of hstica' Pmgrams bas received documa�aation dr,n+onanaQog that the stats or �cal gov�mg body nviaw and/or oemmunity notiflcatia� requi�nents have ban met and has isaued a Gaant Adjnshnent Notice (GAIV) releasing this spxial condiuon. OJP F4RM 4000l1(itE V. A-88) Recovery Act: Edward Byrne Memorial Justice Assistance (JAG) Grant Formula Frogram King County Joint Application Project N�rr�tive City of Federal Way Project Name(s): 1) SPII,LMAN Records Management System Technology Enhancements (a, b, c) 2) 800 MHZ Radio Improvements 3) Valley Civil Disturbance Unit Training/Backfill 4) Expand Wi-Fi and Surveillance Cameras for Police 5) Replacement of Tasers Froject Cost: $183,079 Project Description: 1 a.) NIBRS Reporting Module. NIBRS is National Standard of Crime Reporting. Tlus system is designed to replace/enhance the current UCR (Uniform Crime Report} system. 1JIBRS is more comprehensive collection of crime data vs. summary reports (UCR}. The 1vIBRS module offered by Spillman� (city's RMS, Records lvianagement System) is designed to all for enhanced electronic reparting to the Sta.te and FBL 1 b.} Enhanced interface between E-reporting software Coplogic8 to Spillm�n� RMS. Current interface has reached end of life and will not work wheri the SPILLMAN �(RMS} system is upgraded in 2Q09. 1 c.) SPILLMAN RMS GeoBase interface. A centralized database at that allows public safety agencies to canveniently capture addresses and plot jurisdictional information. Geobase uses a CJeographic Information System (GIS) to provide accurate and consistent location information. Geobase, will quickly and accurately identify correct addresses, detect duplicate calls, map address poin#s, and conduct location-based queries. Powerful Searching Geobase can be used with a variety of search criteria in the address field: an address number, a street name, an apartment or office number, an intersection name, or a commonplace name. Project 1 cost: S 93,079 2) Maintenance af 80Q MHZ Mobite and Portable Radios One-time repairs and preventative maintenance of mobile and portable Police 800 MHZ radios and purchase of equipment to provide peak performance of the police radios. First responders have experienced inadequate radio reception for several years and it is recommended by the techriicians that the purchase of new lapel microphanes with antennas and the maintenance work will enhance the operation of the radios. The total project cost is $70,040.96 with ICing County government, regional radio provider, and City of Federal Way is sharing the cost 50/50. Praject 2 cost: 30,000 3) Valley Civil Disturbance Team (VCDU) training/backfill T'he Valley Civil Dist�urbance Team, (VCDi� is a 6 agency regional team with collateraI CBRNE capability. Due to local budget constraints the annual regional teann training is in serious jeopazdy. The team's readiness and ability to deploy is severely reduced without this required training. The make-up of large regionai team training direc�ly impacts the operational abiliry of each agency creating undue workloads and overtime impacts. Requested JAG funding is to rnaintain the integrity of patzol operations (backfill} while members of the team attend the training. Project 3 cost: 10,004 4} Expand Braadband Wi-Fi coverage and Surveillance Cameras for Police This project expands the broadband Wi-Fi coverage in the City and adds surveillance cameras for public safety use; it also replaces and enhances surveillance cameras in the booking BAC and sally-port areas. The existing Wi-Fi and surveillance system has been a great tool for Police but the area uf coverage is very limited. Project 4 cost: 40,000 5) Replacement of Tasers reaching end of life Federal Way Police Department ut�lizes the Taser and assigns one per cammissioned officer. This tool is essential to the success of the resolution to many physical encounters that Officers deal with on a daily basis. The Department is anticipating the need to replace 20 old ar .end of Iife Tasers by 2010. There are no replacement funds for this equipment. Project 5 cost: $14,404 Program Need: Project 1: Provide investments needed to inerease ecflnomic efficiency by spurring technological advances in science and health. a) A technology enhancement that will allow the department to efficiently meet the NIBRS reporting requirements manda.ted by Washington State in 2012. b) A technology enhancement that will sustain the current e=reporting technology (interface) that has reached its end of life. The new interface will atlow for the e-report to interface with the records management system. c} A technology enhancement to the current records management system that provides verified addressing, reduction of duplication and inaccuracy. It provides enhanced searching capabilities (by location types or groups of locations) and mapping, which will contribute to detailed crime analysis and crime prevention. Project 2: The recommendation for preventative maintenance and purchase of equipment came after the bi-anxival budget was developed. There is no funding allocated to perform the necessary worl�. This project is essential to providing for public safety to serve our community and the first responders/police officers. The projeet is a portion of a multi jurisdictionai collaborative effort to enhance the regional radio signal and operations of the radios. Project 3: Each city tl�at contributes to the VCDU has experienced a significant reduction in funding through traditional lacal revenue streams. These funds will help affset some af these impacts. The VCDU is an essential regional serviee that was recently surveyed as a Type-2 CDU by FEMA through the Department of Homeland Security. Recovery Act: Edward Byrne Memorial JAG Grant King County Joint Application Project Narrative Page 2 of 6 Project 4: The expansion of the Wi-Fi and surveillance system allows the city to add broadband wireless services in ti�e areas of the city where service is not available. The broadband service is mainly used by Poiice, the surveillance cameras provide coverage where the oldez cameras are no longer functioning and additional cameras are needed. Project 5: 5. Tfie costs associated with the replacement of these necessary tools will have to come from an already taxed equipment line item and have a negative impact on the budget of other essential service related items or functions. Progr�m Activities for 4-Year Grant Periad Project 1: a) The TiIBRS requirement is not mandatory until 2412, however, the state requires 6mo's of successful reporting prior to mandate. 1�iIBRS has enhanced reporting areas, increasing the need for training officers and support staff of additional data elements and entry requirements. The projsct can be scheduled to a11ow for the increased training and implementation. b} The interface between the web-based e-reporting and current RMS has reached its end of life. This enhancement can be implemented immediately with little additional training. c} The geobase module is a significant enhancement to the current RMS. The cost of the enhancement includes professiorial services that wiil assist with implementation and recommendation fox conversion of current records. Praject 2: The work on this project can start as soon as the funding is available and with some additional caordination between staff and Radio repair/maintenance vendor. No preventative maintenance work for the radios has been done for several years. This one-time funding will allow the work to be performed and the purchase of new equipment. The equipment use will exceed the 4-year grant period. Project 3: Over the next 4-yeazs and beyond the VCDU will conduct annual training to maintain read.iness, retain certifications and have the ability to deploy as needed. Project 4: This project in conjunction with other projects may take 8 months to a year to complete and can starts as saon as the funding is available. The activities include detail design, purchase of equipment, contracting sezvices, installation, testing and training. Project 5: All commissioned officers are required to carry a Taser on their uniforms and #hat requiretnent will continue for years to come, as the Taser is an invaivable tool for.law enforcement. Anticipated Coordinatian Efforts Involving JAG and Related Justice Funds: Project 1: The project enhancements all relate ta the current Records Mana.gement Systesn that has supported the Federal Way Police Department since 1996. The system's success is due to regulaz upgrades, system support and enhancement investments. The system is a part of a regional sharing initiative in King County, WA. The enhancement requested in this grant will contribute to all participating agencies in King County, as well as citizens that benefit from enhanced Crime Analysis and Crime Prevention. Recovery Act: Edward Byrne Memorial JAG Grant King County Joint Appiication Project Narrative Page 3 of 6 Project 2: This project is a multa jurisdictional effort to enhance the regional radio signal. King County government will be seeking multi-million dollar grants to build a new tower in Federal Way. To address the poor radio signal, #he engineers have recommended building a new tower. The preventative maintenance and purchased equipment is to mitigate the problem until a permanent solution is implemented. Project 3: As a zegianal team I anticipate 5 of the 6 member agencies requesting JAG assistance to fulfill this training mission. I believe the 6th agency, the Port of Seattle, receives related funding. Frank Flynn a trainer from the Center of Domestic Preparedness has been hired to provide training: I pian to ask CDP to subsidize the cost of bringing this trainer to the VCDU annual training. Project 4: This funding will extend the previously funded grants that provicied the existing Wi- Fi network and Surveillance systems. Project 5: The Federal Way Police Department is and will continue to explore a11 opporiunities to find and utilize funds availabie to purchase needed equipment as well as o#her resources. Project Objectives: Project l:Objective: The technology related investments will stimulate the economy by the purchase and installation af the new technology, as well as provide for the creation of meaningful work for a temporary IT person to backfill the current IT staff that will be assigned to project management of the proposed enhancements. Project 2: Objective: The preventative maintenance work will be performed by King County Telecommunieations and the equipment will be purchased from Motorola. This project will create meaningful work and it will be measureable and consistent with the intent and the goals of the Recovery Act. Project 3: Objective: Mainta.in readiness, retain certifications and ha.ve the ability to deploy as a Type-2 regional CDU team. The member agencies ability to recruit and retain employees is threatened when available funding is drained by essential VCDU training, certification and backfill to maintain operational home agencies. Project 4: Objective: The objective of this project is to enhance public safety and improve law enforcement. Activities related to this project supports the goals of the recovery act through purchases made and services needed for design, coordination, purchasing and installation all of which will require human resources through the vendors, additionally given the number of projects and timeframe it is very likely that we will need additional resources in the City to implement the projects. Project 5: Objeetive: Maintain a serviceable resource of Tasers for Commissioned Officers to utilize while in the performance of their duties. Recovery Act: Edward Byrne Metnorial 7AG Grant King County Joint Application Praject Narrative Page 4 of 6 Performance Measures: Project 1: All three softvvare enhancements will be tested at the time of installation; the vendor will provide on-site support through implementation and testing to ensure an efficient transition. Since it is a current vendor with 12 years experience with the agency reiationships are positive and enhanceznents have a positive success rate. Project 2: King County Telecommunication will document the�findings of the tests. Subsequent to the tests, technicians will provide ride along with police officers in the Federal Way service area with some or all of the test velucles. Depending on the result, either modify fiu�ther maintenance work orders or continue unattered. Project 3: it is a priority to maintain a Type-2 Regional CDU operational and compiiant with national standazds. As the VCDU Regional Commander I must provide meaningful measurable tzaining that upholds the integrity of the team and ensures fully trained and certified officers are deployment ready. Any ;JAG funds used to backfill officers in VCDU training is strictly monitored utitizing our existirig payroll. and accounting system KRONOS. Project 4: Number of initiatives implemented, Cost savings as a result of new system implementation, number of technicai assistance received by organzzation, types of personnel paid for with JAG dollars Project 5: It is a priority to ncxaintain a standard of training and equipment requiremeats for the Department in order to provide the best most effective tools available to increase officer effectiveness and safety. Project Timeline: Project 1: The project will begin upon acltaowledgement of the funding. The three projects wi11 be prioritized given current staffing resources. During the first 30-days necessary council presentations and funding approvals will be conducted. RFP's will be sent out as necessary. A project team will be identified and GANT chart with timelines and benchmarks will be created. The projects are expected to be implemented incrementally during 2010 and 2011. Project 2: The project will begin as soon as the funding becomes available with the work to be completed within 90 days. Project 3: Regi�onal VCDU training is conducted on an annual basis; it is anticipated to exhaust the requested funds over the next two training cycles in May 2009 and May 2010. Project 4: Detail design in 3 months, Purchasing 2 months, Installation and configurations 3 months, testing and training 2 months. Projeet 5: 10 Tasers will need to be replaced by the year 2014. Description of How Project Meets Recavery Act Guidelines: Project 1: The technology enhancements are one-time funded projects that enhance the current Recards Management System. The projects insert economic stimulus to vendors and creates Recovery Act: Edward Byrne Memorial JAG Grant King County Joint Application Project Narrative Page 5 of 6 meaningful jobs for IT support backf'ill, which full-time staff are assigned to project management. Project 2: It is the goal of the parties involved to complete the work as soon as the funding becomes available. There is mutual interest in addressing the problem expeditiously to enhance public and officer safety. Project 3: The upcaming annual training is scheduled for May 19-22, 2009. Similar annual training is scheduled for May 2010, 2011 and 2012. The economic benefits of these funds will facilitate 2009 and 2010 training cycles. Any funds left over will be applied to 2011 and 20i2 training cycles. Without these fiuxds the training will likely be cancelled and the team's readiness severely reduced. Project 4: This is an e�ctension of a project that we did in the past and had to stop because of the lack of funding. The project can start as soon as the funding is available. Project 5: The Deparhnent can hegin ta phase in new Tasers in a carefully planned and structiued process that could start in 2009 and phase in to 2010. Recovery Act: Edward Byrue Memorial JAG Grant King County 3oint Application Project Narrative Page 6 of 6 Att�ch�ment C Project Budget �A. Personnel Name/Position Compntation Cost Patrol Officer Overtime 200 hrs 50 pet hr 10,000 Temporary Staff Support 1,250 hrs 16 per hr 2�.�a TOTAL: 30,000 D. Eqnipment �t� Computation Co st NIBRS Software Module vendor estimate 32,313 Geobase Interface RMS vendor estimate S 35,208 E-Reporting Interface to RMS vendor estimate. 15,559 Tasers 10 tasers x 51,000 each 1Q,000 l Neiwork Bridge vendor estimate 15,000 2 Switches, 5 WiFi AP;s vendor esrimate S 15,000 Lapel Microphones MTS200 vendor estimate 6,542 Lapel Microphones X'FS5000 vendor estimate 1,628 Portable Flex Whip Anntenna vendor esrimate S 2,483 TOTAL: 133 732 Cost King County Radio Prev Main�t Portable Radio Prev Maint Mobile Radio Prev Maint Veh tlntenna Pilot Test radio reprogram Review Specs Veh az►tenna and pilot new antenna vendor estimate vendor estimate vendor estimate vendor estimate vendor estimate vendar estimate 6,917 6,007 4,005 335 2,d83 '1'OTAL: 19,34'7 FFDI:R�\L 1����1' "I�O"I���L S 153,(1'9 Page 1 of 1