Loading...
HomeMy WebLinkAboutAgreement Software PurchaseCost Rei rnbursement Agreement AGREEMENT f 21-O1OO8 THIS AGREEMENT is made and entered lnto by and between The Seattle police Department (SpD), adepartment of the City of Seattle, hereinafter referred to as ,,SpD,,. as represented bv the City of Seattle Pollce Department; and the Kittitas County Sheriffs office hereinafter referred to as ,Subject party,, forpurposes of reimbursing expenses incurred in the course of attending various trainings, ai requested in advance by SPD. sPD will reimburse the subject Party for expenses incurred during activities described in Section 2, asrequested in advance by SPD and as specified below. This Cost Reirnbursement Agreement contains six (6) Sections. SECTION 1. TERM OFAGREEMENT This Agreement shall begin on June 1, 2o2t and will terminate on September 30, 2021. This Agreement may be modified and/or continued by amendment, as rnutually agreed by both parties. SECflON 2, DESCRIPTION OF WORK Under the direction of the Sheriff, or delegated authorized representative, the Subject party shall beeligible for approved expenses related to the activities described below. All reimbursable expenses shall be as specified herein, based on requests from spD ln advance. This cost reimbursement shall be for the purpose of purchasing software for lcAC investigations. Thlspurchase wlll enhance Kittitas County Sheriff's Offlce's abillty to investigate crimes within the County involving the exploitatlon and abuse of children online. SECTION 3. REIMBURSEMENT The maxlmum amount allowed for reimbursement shall not exceed $11,000.00, during the term of this Agreement, Requests shall be submitted to the Fiscalsection, Seattle police Department, po Box 34986, Seattle, Washington 98124-4985 (spdap@seattle.sov). The subject party shall also include allapplicable supportlng documentation and receipts to support the request, including a current w-9form to be supplied by SpD. *Please reference SPD ICAC on the invoice. SECNON 4, FUNDING SOURCE This confact is funded with federalgrant funds under CFDA #16.543. The grant is the Fylg Washington ICAC Task Force Program, Award #2018-MC-FX-K054. All Federalfinancial and grant management rules and regulations rnust be adhered to in the execution of this contract. For reference, Federal Grant Award Documents are attached. Agreement f 21.01008 Page 1 SECNON 5, AMENDMENTS No modifications 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 rnodify the Agreement by mutual agreement, SEqflON 6. INDEMNIFICATION The Subject Party releases and shall defend, indemnify, and hold the City and its officers, employees and agents harmless from all losses, liabilities, claims {lncluding claims arising under federal, state or local laws or regulations) (and including, but not lirnited to, claims for infringement of any copyright, patent, tradernark, or trade secret), costs (including attorneys'fees), actions or damages of any sort whatsoever arising out of the Subject Party's performance or nonperformance of the services to be provided under this Agreement attributable to the acts or omissions, willful rnisconduct, or breach of this Agreement by the Subject Party, subconsultants, its servants, agents, officers or employees. The Subject Party's obligations shall not be eliminated or reduced by any alleged negligence on the part of the City. ln furtherance of these obligations, and only with respect to the City and its officers, employees, and agents, the Subject Party waives any immunity it may have or limitation on the amount or type of damages imposed under Title 51 RCW, or any other industrial insurance, worker's compensation, disability, employee benefit, or similar laws. The Subjea Party acknowledges that the foregoing waiver of immunity was mutually negotiated, and that the contract price reflects this negotiation. The indemnification provided for in this section shall survive any termination or expiration of this Agreement. NOW THEREFORE, the parties hereto have executed this Agreement bV having their authorized representatives affix their signatures below, KITTITAS COUNW SHERIFF'S OFFICE SEATTIE POLICE DEPARTMENT BY: P/- 1r,r?r4,BY:tr cl{uyeri,sheriiT 307 West Umptanum Rd. Ellensburg, WA 98926 DATE: I 'Ltt.Lt Attachment: DATE: e Edwards, Captain P O Box 34985 seattle, wA 981.24-4985 7zr-zl Current W-9 Federal Grant Award Documents Agreement # 21-01008 Page 2 Department of Justice Office of Justice Programs Office of the Assistant Attorney General Wsshington, D.C. 20531 September 21, 2015 Chief Kathleen M. O'Toole Seattle Police Department PO Box 34986 Seattle, WA 98124-4986 Dear Chief O'Toole: On behalf of Attomey General Loretta Lynch, it is my pleasure to inform you that the Office of Justice Programs has approved your application for funding under the FY 15 Intemet Crimes Against Children Task Force Invited in the amount of $41-6,929 for Seattle Police Department. Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all adminisfrative and financial requirements, including the timely submission of all financial and programmatic reports, resolution of all interim audit findings, and the maintenance of a minimum level of cash-on-hand. Should you not adhere to these requirements, you will be in violation of the terms of this agreement and the award will be subject to termination for cause or other adminishative action as appropriate. Ifyou have questions regarding this award, please contact: - Program Questions, Stephanie Rapp, Program Manager at (202) 514-9123; and - Financial Questions, the Office of the Chief Financial Officer, Customer Service Center (CSC) at (800) 458-0786, or you may contact the CSC at ask.ocfo@usdoj.gov. Congratulations, and we look forward to working with you. Sincerely, +n^9 11, {flan*-'-- Karol Virginia Mason Assistant Attorney General Enclosures OFFICE FOR CIVI RIGHTS Office of Justice Programs Department of Justice 810 7th Street, NW Washington, DC 20531 Tel: (202) 307-0690 TTY: (202)307-2027 E-mail: askOCR@usdoj.gov Website: www.ojp.usdoj.gov/ocr September 21,2015 Chief Kathleen M. O'Toole Seattle Police Department PO Box 34986 Seattle, WA 98124-4986 Dear Chief O'Toole: Congratulations on your recent award. In establishing financial assistance programs, Congress linked the receipt of federal funding to compliance with federal civil rights laws. The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice (DOJ) is responsible for ensuring that recipients of financial assistance from the OJP, the Office of Community Oriented Policing Services (COPS), and the Office on Violence Against Women (OVW) comply with the applicable federal civil rights laws. We at the OCR are available to help you and your organization meet the civil rights requirements that come with DOJ funding. Ensuring Access to Federally A,ssisted Programs Federal laws that apply to recipients offinancial assistance from the DOJ prohibit discrimination on the basis ofrace, color, national origin, religion, sex, or disability in funded programs or activities, not only in employment but also in the delivery of services or benefits. A federal law also prohibits recipients from discriminating on the basis of age in the delivery of services or benefits. In March of 2013, President Obama signed the Violence Against Women Reauthorization Act of 2013. The statute amends the Violence Against Women Act of 1994 (VAWA) by including a nondiscrimination grant condition that prohibits discrimination based on actual or perceived race, color, national origin, religion, sex, disability, sexual orientation, or gender identity. The new nondiscrimination grant condition applies to certain programs funded after October l, 2013. The OCR and the OVW have developed answers to some frequently asked questions about this provision to assist recipients of VAWA funds to understand their obligations. The Frequently Asked Questions are available at httpl / ojp.gov /abouVocr/vawafaqs.htm. Enforcing Civil Rights Laws All recipients offederal furancial assistance, regardless ofthe particuiar funding source, the amount ofthe gant award, or the number of employees in the workforce, are subject to prohibitions against unlawful discrimination. Accordingly, the OCR investigates recipients that are the subject of discrimination complaints from both individuals and groups. In addition, based on regulatory criteria, the OCR selects a number ofrecipients each year for compliance reviews, audits that require recipients to submit data showing that they are providing services equitably to all segments of their service population and that their employment practices meet equal opportunity standards. Providing Services to Limited English Proficiency (LEP) Individuats In accordance with DOJ guidance pertaining to Title VI of the Civil Rights Act of 1964,42 U.S.C. $ 2000d, recipients of federal furancial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited English proficiency (LEP). See U.S. Department of Justice, Guidance to Federal Financial Assistance Recipients Regarding Title VI Piohibition Against l.lationat Origii-' Discrirr'inaiion Affecting Lirnited English Proficient Persons, 67 Fed. Reg. 41,45 5 (2002). For more information on the civil rights responsibilities that recipients have in providing language services to LEP individuals, please see the website http://www.lep.gov. Ensuring Equal Treatment for Faith-Based Organizations The DOJ regulation, Equal Treatrnent for Faith-Based Organizations, 28 C.F.R. pt. 38, requires State Administering Agencies (SAAs) to treat faith-based organizations tlre samg as any other applicant or recipient. The regulation prohibits SAAs from making awards or giant administration decisions on the basis of an organization's religious character or affiliation, religious name, or the religious composittn of its board of directors. The regulation also prohibits faith-based organizations from using financial assistance from the DOJ to firnd inherently (or explicitly) religious activities. While faith-based organizations can engage in non-funded inherently religious activities, they must hold them - separately from the program frrnded by the DOJ, and recipients cannot compel beneficiaries to participate in them. The Equal Treatment Regulation also makes clear that organizations participating in programs funded by the DOJ are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. For more information on the regulation, please see the OCR's website at http://www.ojp.usdoj. gov/about/ocr/equal_Ibo.htm. SAAs and faith-based organizations should also note that the Omnibus Crime Conhol and Safe Streets Act (Safe Streets Act) of 1968, as amended, 42V.5.C. $ 3789d(c); the Victims of Crime Act of 1984, as amended, 42 U.S.C. g 10604(e); the juvenile Justice and Delinquency Prevention Act of 1974, as amended, 42 U.S.C. $ 5672(b); and VAWA, Pub. L. No. 113-4, sec. 3(b)(4), 127 Stat. 54, 6l-62 (to be codified - at 42 U'S.C. $ 13925(b)(13) contain prohibitions against discrimination on the basis of religion in employment. Despite these nondiscrimination provisions, the DOJ has concluded that it may construe the Religious Freedom Restoration Act (RFRA) on a case-by- case basis to permit some faith-based organizations to receive DOJ funds while taking into account religion when hiring siaff, even if tire statute that authorizes the funding program generally forbids recipients from considering religion in employment decisions. Please consult with the OCR if you have any questions about the regulation or the application of RFRA-to ihe statutes that prohibit discrimination in employment. Using Arrest and Conviction Records in Making Employment Decisions The OCR issued an advisory document for recipients on the proper use of arrest and conviction records in making hiring decisions. See Advisory for Recipients of Financial Assistance from the U.S. Department of Justice on the U.S. Equal Employment Opportunity Commission's Enforcement Guidance: Consideration of Arrest and Conviction Records in Employment Deiisions unOii fitle VII of the Civil Rights Act of 1964 (June 2013), available at htp://www.ojp.usdoj.gov//about/ocr/pdfsAJseofConviction_Advisory.pdf. Recipients should be mindful that the misuse of arrest or conviction records to screen either applicants for employment oiemployiei for retention or promotion may have a disparate impact based on race or national origin, resulting in unlawful employment discriminition. In light of the Advisory, recipients should consult local counsel in reviewing their employment practices. If warranted, recipients should also incorporate an analysis of the use of arrest and conviction records in their Equal Employnent Opportunity Plans (EEOPsj (see below). Complying with the Safe Streets Act An organization that is a recipient of financial assistance subject to the nondiscrimination provisions ofthe Safe Sheets Act, must meet two obligations: (1) complying with the federal regulation pertaining to the development of an EEOP (see 28 C.F.R. pt, 42, subpt. E) and (2) submitting to the OCR findings of discrimination (see 28 C.F.R. $g 42.204(c),.205(c)(5)). Meeting the EEOP Requirement Ifyour organization has less than fifty employees or receives an award of less than $25,000 or is a nonprofit organization, a medical institution, an educational institution, or an Indian hibe, then it is exempt from the EEOP requirement. To claim the exemption, your organization must complete and submit Section A of the Certification Form, which is available online at http ://www.oj p.usdoj. gov/abouVocr/pdfs/cert.pdf. Ifyour organization is a government agency or private business and receives an award of$25,000 or more, but less than $500,000, and has fifty or more employees (counting both full- and part-time employees but excluding political appointees), then it has to prepare a Utilization Report (formerly called an EEOP Short Form), but it does not have to submit the report to the OCR for review. Instead, your organization has to maintain the Utilization Report on file and make it available for review on request. In addition, your organization has to complete Section B of the Certification Form and retum it to the OCR. The Certification Form is available at http://www. ojp.usdoj. govlabouVocr/pdfs/cert.pdf. Ifyour organization is a government agency or private business and has received an award for $500,000 or more and has fifty or more employees (counting both full- and part-time employees but excluding political appointees), then it has to prepare a Utilization Report (formerly called an EEOP Short Form) and submit it to the OCR for review within sixty days from the date of this letter. For assistance in developing a Utilization Report, please consult the OCR's website at http://wwn/.ojp.usdoj.gov/about/ocr/eeop.htm. In addition, your organization has to complete Section C ofthe Certification Form and retum it to the OCR. The Certification Form is available at http ://www.ojp.usdoj. gov/abouVocr/pdfs/cert.pdf. To comply with the EEOP requirements, you may request technical assistance from an EEOP specialist at the OCR by telephone at Q02) 307-0690, by TTY at (202) 307-2027, or by e-mail at EEosubmisson@usdoj.gov. Meeting the Requirement to Submit Findings of Discrimination If in the three years prior to the date ofthe grant award, your organization has received an adverse finding of discrimination based on race, color, national origin, religion, or sex, after a due-process hearing, from a state or federal court or from a state or federal adminishative agency, your organization must send a copy ofthe finding to the OCR. Ensuring the Compliance of Subrecipients SAAs must have standard assurances to notiff subrecipients oftheir civil rights obligations, written procedures to address discrimination complaints filed against subrecipients, methods to monitor subrecipients' compliance with civil rights requirements, and a program to train subrecipients on applicable civil rights laws. In addition, SAAs must submit to the OCR every three years written Methods of Administration (MOA) that summarize the policies and procedures that they have implemented to ensure the civil rights compliance of subrecipients. For more information on the MOA requirement, see http://www.ojp.usdoj.gov/funding/other_requirements.htrn. Ifthe OCR can assist you in any way in fulfilling your organization's civil rights responsibilities as a recipient of federal financial assistance, pleasg contact us. Sincerely Vn;^/ A. r,-2,.t.* Michael L. Alston Director cc: Grant Manager Financial Analyst Department of Justice Office of Justice Programs Office of the Chief Financial Officer Washington, D.C. 20531 September 21,2015 Chief Kathleen M. O'Toole Seattle Police Department PO Box 34986 Seattle, WA 98124 - 4986 Reference Grant Number: 2015-MC-FX-K039 Dear Chief O'Toole: I am pleased to inform you that my office has approved the following budget categories for the aforementioned grant award in the cost categories identified below: Category Personnel Fringe Benefits Travel Equipment Supplies Construction Contractual Other Total Direct Cost Indirect Cost Total Project Cost Federal Funds Approved: Non-Federal Share: Budget $104,400 $39,024 $36,419 $24,600 s24,s25 $0 $l 85,801 $2,160 $4t6,929 $0 $4r6,929 $416,929 $0 $0Program Income: Match is not required for this grant program. The line item labeled "Conhactual" may include contracts, subawards, or cousultants. Ifyou have questions regarding this award, please contact: - Program Questions, Stephanie Rapp, Program Manager atQ02) 514-9123 - Financial Questions, the Office of Chief Financial Officer, Customer Service Center(CSC) at (800) 458-0786, or you may contact the CSC at ask.ocfo@usdoj.gov. Congratulations, and we look forward to working with you. Sincerely, it.^'-C,- Leigh Benda Chief Financial Officer ffi Department of Justice Offi ce of Justice Programs Office of Juvenile Justice and Delinquency Prevenfion Cooperative Agreement PAGE I OF 9 l. RECIPIENT NAME AND ADDRESS (Including Zip Code) Seattle Police Depiltment PO Box 34986 Seattle, WA 98124-4986 4. AWARD NUMBER: 2015-MC-FX-K039 5. PROJECT PERIOD: FROM BUDGET PERIOD: FROM 0'il01/20ts To 07/0t/2015 TO 06/30/2016 0613012016 6. AWARD DATE 09/Zv20t5 7. ACTION Initial2a. GRANTEE IRS/VENDOR NO. 91600127s 8. SUPPLEMENT NLMBER 00 2b. GRANTEE DIJNS NO t30986214 9. PREVIOUS AWARD AMOIJNT $0 3. PROJECT TITLE Washington State Intemet Crimes Against Children Task Force IO. AMOIINT OF THIS AWARD s 416,929 I I. TOTAL AWARD s 4t6,929 I2. SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S). 13. STATUTORY AUTHONTY FOR GRANT This projcct is supported uder FYI 5(OJJDP ICAC Task Force) Pub. L. No. I I 3-235; 128 Srar. Zt3O,2lgs 14 . CATALOG OF DOMESTIC FEDERAT ASSISTANCE (CFDA Nmber) 16.543 - Missing Children's Assistmce 15. METIIOD OF PAYMENT GPRS - AcENcyAppRovAL - GRANTEE ACCEPTANCE 16. TYPED NAME AND TITLE OF A}PROVING OFFICIAL Karol Virginia Mason Assistant Aftomey Geueral 18. TYPED NAME AND TITLE OF AUT}IORIZED GP.ANTEE OFFICIAL Kathleen M. O'Toole ChiefofPolice 17. SIGNATURE OF APPROVING OFFICIAL l-n^9 U ' /Yl"tt.'t.--- 19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A, DATE AGENCY USE ONLY 20. ACCOTD{TING CLASSIFICATION CODES FISCAI FUND BIJD. DTV. YEAR CODE ACT. OFC, REG. 21. PMCTGToIS2 xFMC'1000 SI.IB. POMS AMOUNT 00 4t6929 oJP FORM 4000/2 (REV. s-87) PREVTOUS EDITTONS ARE OBSOLETE. oJ? FORM 4000/2 (REV. 4-88) AWARD CONTINUATION SIIEET Cooperative Agreement PAGE 2 OF 9 Department of Justice Office of Justice Programs Office of Juvenile Justice and Delinquency Prevention PROJECTNUMBER 2OI5.MC.FX.KO39 AWARD DATE 09/21/2015 SPECIAL CONDITIONS 1 . 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 the Department of Justice (DOI) in 2 C.F.R. Part 2800 (the .Part 200 Uniform Requirements") apply to this 2015 award from the Office of Justice Programs (OJP). For this 2015 award, the Part 200 Uniform Requirements, which were first adopted by DOJ on Decembet 26,2014, supersede, among other things, the provisions of 28 C.F.R. Parts 66 and 70, as well as those of 2 C.F.R. Parts 215, 220,225, and 230. If this 2015 award supplements funds previously awarded by OJP under the same award number, fhe Part 200 Uniform Requirements apply with respect to ali award funds (whether derived from the initial award or a supplemental award) that are obligated on or after the acceptance date ofthis 2015 award. Potential availability of grace period for procurement standards: Under the Part 200 Uniform Requirements, a time- limited grace period may be available under certain circumstances to allow for transition from policies and procedures that complied with ptevious standards for procurements under federal awards to policies and procedures that comply with the new standards (that is, to those at 2 C.F.R. 200.317 through 200.326). For more information on the Part 200 Uniform Requirements, including information regarding the potentially-available grace period described above, see the Office ofJustice Programs (OJP) website at http://ojp, gov/fimdinglPart200UniformRequirements.htm. 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. 2. The recipient agrees to comply with the Department of Justice Grants Financial Guide as posted on the OJP website (currently, the "2015 DOJ Grants Financial Guide"). 3. The recipient acknowledges that failure to submit an acceptable Equal Emplolnnent Opportunity Plan (ifrecipient is required to submit one pursuant to 28 C.F.R. Section 42.302) that is approved by the Office for Civil Rights is a violation ofthe Standard Assurances executed by the recipient, and may result in suspension offunding until such time as the recipient is in compliance, or termination of the award. 4. The recipient understands and agrees that OJP may withhold award funds, or may impose other related requirements, if 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 cornection with audits, investigations, or reviews of DOJ awards. 5. Recipient understands and agrees that it cannot use any federal firnds, either directly or indirectly, in support ofthe enactment, repeal, modification or adoption of any law, regulation or policy, at any level of govemment, without the express prior written approval of OJP. 6. The recipient and any subrecipients must promptly refer to the DOJ OIG any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has - (l) submitted a claim for award funds 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 involving award funds. Potential fraud, waste, abuse, or misconduct should be reported to the OIG by - mail: Office of the Inspector General U.S. Department of Justice Investigations Division 950 Pennsylvania Avenue, N.W. Roorn 4706 Washington, DC 20530 e-mail: oig.hotline@usdoj.gov hotline: (contact information in English and Spanish): (800) 869-4499 or hotline fax: (202) 616-9881 Additional information is available from the DOJ OIG website at www.usdoj.gov/oig oJP FORM 4000/2 (REV. 4-88) AWARD CONTINUATION SHEET Cooperative Agreement PAGE 3 OF 9 Department of Justice Office of Justice Programs Office of Juvenile Justice and Delinquency Prevention PROJECTNUMBER 2OI5.MC-FX-K039 AWARD DATE O9/2II2OI5 SPECIAL CONDITIONS 7. Restrictions and certifications regarding non-disclosure agreements and related matters No recipient or subrecipient under this award, or entity that receives a conhact or subconkact with any funds under this award, may require any employee or contractor to sign an intemal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or reshict, the reporting (in accordance with law) ofwaste, fraud, or abuse to an 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 3 l2 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency goveming the nondisclosure of classifi ed information. l. In accepting this award, the recipient -- a. represents that it neither requires nor has required intemal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employeeJ or contractors from reporting waste, fraud, or abuse as described above; and b. certifies that, if it leams or is notified that it is or has been requiring its employees or conhactors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting ofwaste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the agency making this award, and will resume (or permit resumption of)such obligationi only if expressly authorized to do so by that agency. 2. rf the recipient does or is authorized to make subawards or contracts under this award -- a. it represents that -- (1) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward, contract, or subcontract) either requires or has required intemal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or puryort 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 leams 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, iiwill immediately stop any firther obligations of award funds to or by that entity, will provide prompt written notification to the agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of any contract or subaward to either the Association of Community Organizations for Reform Now (ACORN) or its subsidiaries, without the express prior written approval of OJP. 9.The recipient agrees to comply with any additional requirements that may be imposed during the grant performance period ifthe agency determines that the recipient is a high-risk grantee. I oJP FORM 40oo/2 (REV.4-88) Department of Justice Office of Justice Programs Office of Juvenile Justice and Delinquency Prevention AWARD CONTINUATION SHEET Cooperative Agreement PAGE 4 OF 9 PROJECTNUMBER 20I5.MC.FX.KO39 AWARD DATE O9/2II2OI5 SPECIAL CONDITIONS 10. The recipient agrees to comply with applicable requirements regarding registration with the System lor Award Management (SAM) (or with a successor govemment-wide system officially designated by OMB and OJP). The recipient also agrees to comply with applicable restrictions on subawards to first-tier subrecipients that do not acquire and provide a Data Universal Numbering System (DUNS) number. The details of recipient obligations are posted on the Office of Justice Programs web site at http;//www.ojp.gov/firnding/sam.htm (Award condition: Registration with the System for Award Management and Universal Identifier Requirements), and are incorporated by reference here. This special 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). 11. Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1,2009), the Department encourages recipients and sub recipients to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this grant, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 12. The recipient agrees to comply with all applicable laws, regulations, policies, and guidance (including specific cost limits, prior approval and reporting requiremenls, where applicable) governing the use of federal funds for expenses related to conferences, meetings, trainings, and other events, including the provision of food and/or beverages at such events, and costs of attendance at such events. Information on rules applicable to this award appears in the DOJ Grants Financial Guide (cunently, as section 3.10 of "Postaward Requirements" in the "2015 DOJ Grants Financial Guide")- 13. The recipient understands and agrees that any haining or training materials developed or delivered with funding provided under this award must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at http ://www.ojp.usdoj. gov/fu nding/ojptrainingguidingprinciples. htm. 14. The recipient agrees that ifit currently has an open award offederal funds or ifit receives an award offederal funds other than this OJP award, and those award funds 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 being provided under this OJP award, the recipient will promptly notiff, in writing, the grant manager for this OJP award, and, if so requested by OJP, seek a budgefmodification or change-of-project-scope $ant adjustment notice (GAN) to eliminate any inappropriate duplication of funding. 15. The recipient understands and agtees that award funds may not be used to discriminate against or deni$ate the religious or moral beliefs of students who participate in programs for which financial assistance is provided from those funds, or of the parents or legal guardians of such students. 16. The recipient understands and agrees that - (a) No award funds may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging ofpomography, and (b) Nothing in subsection (a) limits the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities. l7 . A recipient tlat is eligible under the Part 200 Uniform Requirements 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). 18. The recipient must collect, maintain, and provide to OJP, data that measure the performance and effectiveness of activities under this award, in the manner, and within the timeframes, specified in the program solicitation, or as otherwise specified by OJP. Data collection supports compliance with the Govemment Performance and Results Act (GPRA) and the GPRA Modernization Act, and other applicable laws. oJP FORM 4000/2 (REV. 4-88) Department of Justice Office of Justice Programs Office of Juvenile Justice and Delinquency Prevention AWARD CONTINUATION SHEET Cooperative Agreement PAGE 5 OF 9 PROJECTNUMBER 2OI5.MC-FX-K039 AWARD DATE 09/21/2015 SPECIAL CONDITIONS 19. Prior to the expenditure ofconfidential funds, the recipient and any subrecipients agree to sign a certification indicating that he or she has read, understands, and agrees to abide by all of the conditions pertaining to confidential fund expenditures as set forth in the OJP Financial Guide. oJP FORM 4000/2 (REV. 4-88) Department of Justice Office of Justice Programs Office of Juvenile Justice and Delinquency Prevention AWARD CONTINUATION SHEET Cooperative Agreement PAGE 6 OF 9 PROJECTNUMBER 2OI5-MC.FX-K039 A\ryARD DATE 09/21/2015 SPECIAL CONDITIONS 20. Within 45 calendar days after the end of any conference, meeting, retreat, seminar, symposium, kaining activity, or similar event funded under this award, and the total cost of which exceeds $20,000 in award funds, the recipient must provide the program manager with the following information and itemized costs: 1) name ofevent; 2) event dates; 3) location ofevent; 4) number offederal attendees; 5) number of non-federal attendees; 6) costs of event space, including rooms for break-out sessions; 7) costs ofaudio visual services; 8) other equipment costs (e.g., computer fees, telephone fees); 9) costs ofprinting and distribution; l0) costs of meals provided during the event; 1 l) costs ofrefreshments provided during the event; 12) costs of event plarurer; l3) costs ofevent facilitators; and 14) any other costs associated with the event. The recipient must also itemize and report any ofthe following attendee (including participants, presenters, speakers) costs that are paid or reimbursed with cooperativo agreement funds: 1) meals and incidental expenses (M&IE portion of per diem); 2) lodging; 3) transportation to/from event location (e.g., common carrier, Privately Owned Vehicle (POV)); and, 4) local transportation (e.g., rental car, POV) at event location. Note that ifany item is paid for with registration fees, or any other non-award funding, then that portion ofthe expense does not need to be reported. Further instructions regarding the submission of this data, and how to determine costs, are available in the OJP Financial Guide Conference Cost Chapter. oJP FORM 4000/2 (REV. 4-88) PAGE 7 OF 9 Department of Justice Office of Justice Programs Office of Juvenile Justice and Delinquency Prevention AWARD CONTINUATION SHEET Cooperative Agreement PROJECTNI.'MBER 20I5-MC-FX.KO39 AWARD DATE O9/2II2OL5 21 SPECIAL CONDITIONS The recipient agrees to comply with applicable requirements to report first-tier subawards of$25,000 or more and, in certain circumstances, to report the names and total compensation ofthe five most highly compensated executives of the recipient and first-tier subrecipients of award funds. Such data will be submitted to the FFATA Subaward Reporting System (FSRS). The details of recipient obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted on the Office of Justice Programs web site at http://ojp.gov/firnding/Explore/IFATA.htm (Award condition: Reporting Subawards and Executive Compensation), and are incorporated by reference here. This condition, and its reporting requirement, does not apply to grant awards 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 o\.vn or operate in his or her name). 22.With respect to this award, federal funds may not be used to pay cash compensation (salary plus bonuses) to any employee ofthe award recipient aI ^ rate that exceeds 1 I 0% of the maximum annual salary payable to a member of the federal govemment's Senior Executive Service (SES) at an agency with a Certified SES Performance Appraisal System for that year. (An award recipient may compensate an employee at a higher rate, provided the amount in excess of this compensation limitation is paid with non-federal funds.) This limitation on compensation rates allowable under this award may be waived on an individual basis at the discretion of the OJP official indicated in the program announcement under which this award is made. 23. Approvalofthisawarddoesnotindicateapprovalofanyconsultantrateinexcessof$650perday.Adetailed justification must be submitted to and approved by the Office ofJustice Programs (OJP) program office prior to obligation or expenditure of such funds. 24.The Project Director and key program personnel designated in the application shall be replaced only for compelling reasons. Successors to key personnel must be approved, and such approval is contingent upon submission of appropriate information, including, but not limited to, a resume. OJP will not unreasonably withhold approval. Changes in other program personnel require only notification to OJP and submission ofresumes, unless otherwise designated in the award document. 25 The recipient agrees to submit a final report at the end of this award documenting all relevant project activities during the entire period of support under this award. This report will include detailed information about the projec(s) funded, including, but not limited to, information about how the funds were actually used for each purpose area, data to support statements ofprogress, and data conceming individual results and outcomes offunded projects reflecting project successes and impacts. The final report is due no later than 90 days following the close of this award period or the expiration of any extension periods. This report will be submitted to the Office of Justice Programs, on-line through the Intemet at https://grants.ojp.usdoj.gov/. 26.The recipient agrees that it will submit quarterly financial status reports to OJP on-line (at https://grants.ojp.usdoj.gov) using the SF 425 Federal Financial Report form (available for viewing at www.whitehouse.gov/omb/grants/standard_forms/ff report.pdf), not later than 30 days after the end ofeach calendar quarter. The final report shall be submitted not later than 90 days following the end of the award period. 27 The recipient shall submit semiannual progress reports. Progess reports shall be submitted within 30 days after the end ofthereportingperiods,whichareJune30andDecember3l,forthelifeoftheaward. Thesereportswillbesubmitted to the Office ofJustice Programs, on-line through the Internet at https://grants.ojp.usdoj.gov/. oJP FORM 4000/2 (REV. 4-88) Department of Justice Office of Justice Programs Office of Juvenile Justice and Delinquency Prevention AWARD CONTINUATION SHEET Cooperative Agreement PAGE 8 OF 9 PROJECTNUMBER 20I5.MC.FX-K039 AWARD DATE O9/2II2OI5 SPECIAL CONDITIONS 28. The Office of Juvenile Justice and Delinquency Prevention has elected to enter into a Cooperative Agreement rather than a grant with the recipient. This decision reflects the mutual interest of the recipient and OJJDP in the operation of the project as well as the anticipated level of Federal involvement in this project. OJJDP's participatory role in the project is as follows: a. Review and approve major work plans, including changes to such plans, and key decisions pertaining to project operations. b. Review and approve major project generated documents and materials used in the provision ofproject services. Provide guidance in significant project planning meetings, and participate in project sponsored haining events or conferences. The recipient agrees to forward reports of ICAC Task Force Program Monthly Performance Measures to the OJJDP- designated site. 30. The recipient agrees to comply with the OJJDP approved ICAC Task Force Operational and Investigative Standards 3 I . The recipient acknowledges that the Office ofJustice Programs (OJP) reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use (in whole or in part, including in connection with derivative works), for Federal purposes: (1) any work subject to copyright developed under an award or subaward; and (2) any rights of copyright to which a recipient or subrecipient purchases ownership with Federal support. The recipient acknowledges that OJP has the right to (1) obtain, reproduce, publish, or otherwise use the data first produced under an award or subaward; and (2) authorize others to receive, reproduce, publish, or otherwise use such data for Federal putposes. "Data" includes data as defined in Federal Acquisition Regulation (FAR) provision 52.227- 14 (Rights in Data - General). It is the responsibility ofthe recipient (and ofeach subrecipient, ifapplicable) to ensure that this condition is included in any subaward under this award. The recipient has the responsibility to obtain from subrecipients, contractors, and subcontractors (if any) all rights and data necessary to fulfill the recipient's obligations to the Govemment under this award. If a proposed subrecipient, contractor, or subcontractor refuses to accept terms affordilg the Govcmmcnt such rights, thc recipient shall promptly bring such refusal to the attention of the OJP program manager for the award and not proceed with the agreement in question without further authorization from the OJP program office. 32 ICAC Annual Repods The recipient agrees to submit annual reports to OJP that set forth the following: (A) The number oflaw enforcement agencies participating in Intemet crimes against children progtam standards established by the task force. (B) Staffing levels of the task force, including the number of investigators, prosecutors, education specialists, and forensic specialists dedicated to investigating and prosecuting Internet crimes against children. 33 . The recipient agrees to submit quarterly reports to OJP that set forth the following: Prosecution perfonnance measures ofthe lead task force agency and any affiliates receiving $20,000 or more in subrecipient funding per project period year, including- 1) the number of prosecutions for Intemet crimes against children; 2) whether the prosecution resulted in a conviction for such crime; and 3) the sentence and the statutory maximum for such crime under State law. 29 oJP FORM 4000/2 (REV. 4-88) AWARD CONTINUATION SHEET Cooperative Agreement PAGE 9 OF 9 Department of Justice Office of Justice Programs Office of Juvenile Justice and Delinquency Prevention PROJECTNUMBER 2OI5-MC-FX-K039 AWARD DATE O9I2I/2015 SPECIAL CONDITIONS 34. Any Web site that is funded in whole or in part under ihis award must include the following statement on the home page, on all major entry pages (i.e., pages (exclusive of documents) whose primary purpose is to navigate the user to interior content), and on any pages from which a visitor may access or use a Web-based service, including any pages that provide results or outputs from the service: "This Web site is funded [insert "in part," if applicable] through a grant from the [insert name of OJP component], Office of Justice Programs, U.S. Department of Justice, Neither the U.S. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this Web site (including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided)." The full text of the foregoing statement must be clearly visible on the home page. On other pages, the statement may be included through a link, entitled "Notice of Federal Funding and Federal Disclaimer," to the full text of the statement, oJP FORM 4000/2 (REV.4-88) Department of Justice Office of Justice Programs Office of Juvenile Justice and Delinquency Prevention Memorandum To From: Subject: ll/ashington, D.C. 205i 1 Official Grant File Lou Ann Holland, Program Manager Categorical Exclusion for Seattle Police Department This award is made as part of the Intemet Crimes Against Children Task Force Program. Awards under this program will be used to support State and local law enforcement agencies to maintain and expand State and regional task forces to address technology-facilitated child exploitation. None of the following activities will be conducted either under this award or a related third party action: l) New construction; 2) Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including properry (a) listed on or eligible for listing on the National Register of Historic Places, or (b) located within a 100-year flood plain, a wetland, or habitat for an endangered species; 3) A renovation which will change the basic prior use of a facility or significantly change its size; 4) Research and technology whose anticipated and future application could be expected to have an effect on the environment; or 5) Implementation of a 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. Additionally, the proposed action is neither a phase nor a segment of a project which when reviewed in its entirety would not meet the criteria for a categorical exclusion. Consequently, the subject federal action meets OJP's criteria for a categorical exclusion as contained in paragraph 4(b) of Appendix D to Part 6l of Title 28 of the Code of Federal Regulations. Department of Justice Office of Justice Programs Ofhce of Juvenile Justice and Delinquency Prevention GRANT MAI\IAGER'S MEMORANDUM, PT. I: PROJECT SUMMARY Cooperative Agreement PROJECT NUMBER 2015-MC-FX-K039 PACE I OF I This project is supporred uder FYls(OJJDP ICAC Task Force) pub. L. No, I l3-235; 128 Stat. 2130, 2195 l. STAFF CONTACT (Name & telephone nmber) Stephanie Rapp (202) st4-9123 2. PROJECT DIRECTOR Qrlme, address & telephone nmber) Sham Tonkin Grmt Manager 610 5th Avenue PO Box 34986 Seattle, wA 98124-4986 (206) 386-0063 3a. TITLE OF THE PROGRAM OJJDP FY l5 Intemet Crimes Against Chilclren Task Force Invited 3b, POMS CODE (SEE TNSTRUCTTONS ON REVERSE) 4. TITLE OF PROJECT Washington State Intemet Crimes Against Children Task Force 5. NAME & ADDRESS OF GRANTEE Seattle Police Department PO Box 34986 Seattle, WA 98124-4986 6. NAME & ADRESS OF SUBGRANTEE 7. PROGRAM PERIOD FROM: 07/0112015 TO: 06/30/2016 8. BUDGET PERIOD FROM: 07101/2015 TO: 06130/2016 9. AMOUNT OF AWARD $ 416,929 IO. DATE OF AWARD 0912t/20t5 I I. SECOND YEAR'S BUDGET 12. SECOND YEAR'S BUDGET AMOUNT 13. THIRD YEAR'S BUDGET PERIOD 14. THIRD YEAR'S BLIDGETAMOUNT 15. SUMMARY DESCRIPTION OF PROJECT (See inshuction on reverse) The National Iltemet Crimes Against Children (CAC) Task Force Program, as established by the PROTECT Ou Children Act of2008, consists of State and local law enforcement task forces dedicated to developing effective responses to online enticement ofchildren by sexual predators, child exploitation, md child obscenity md pomography cases. Each State and local task force that is part of the national program shall: I ) consist of State and local investigators, prosecutors, forensic specialists, and education specialists who are dedicated to addressing the goals ofthe task force; 2) engage in proactive investigationi, foreniic examinations, and effective prosecutions oflntemet crimes against children;3) provide forensic, preventive, and investigative assistmce to puents, educators, prosecutors, law enforcement, and others conceme d with htemet crimes against children; 4) develop multijurisdictional, multiagency partnerships md responses to Intemet crimes against children offenses through ongoing infomational, adminishative, ud technological support to other Staie andlocal law inforcement agencies, as a means for such agencies to acquire the necessary knowledge, persomel, and specialized equipment to investigate and prosecute such offenses; 5) particifate in nationally coordinated investigations in uy case in which the Attomey General detemines such participation to be neiessary, as pemitted by the availible resouce of such oJP FORM 4000/2 (REV. 4-88) task force; 6) establish or adopt investigative and prosecution standrds consistent with established noms, to which such task fiorce shall comply; ?) investigate, md seek prosecution on tips related to Intemet cdmes against children, including tips &om Operation Fairplay, the National Intemet Crimes Against Children Data System, the National Center for Missing and Exploited Children's CyberTipline, ICAC task forces, and other Federal, State, and local agencies, with priority being given to investigate leads that indicate the possibility of identiffing or rescuing child victims, including investigative leads that indicate a likelihood ofseriousness ofoffense or dmgerousness to the commuity; 8) develop procedures for hmdling seized evidence for ICAC task force lead agencies and affiliate agencies; 9) maintain reports required by OJJDP and other reports md records as detemined by the Attomey General; and, l0) seek to comply with national standards regarding the investigation and prosecution oflntemet crimes against children, as set forth by the Attomey General, to the extent such standards are consistent with the law of the State where the task force is located. As the lead law enforcement agency for the ICAC Task Force in the State ofWashington, the Seattle Police Departrnent proactively and reactively investigates an ever growing number oftechnology-facilitated crimes against children. Each year since the ICAC Task Force began, the Seattle Police Department has successfully expanded the number ofinvestigative partner agencies within Washington State, which improves the overall Task Force's response 10 interdict, investigate and prosecute ICAC cases. Twenty five (25) ofthe 29 counties in Washilgton Stat€ have representation on the statewide ICAC Task Force. This new funding will support the salary and benefit costs associated with a dedicated full time Program Manager, tavel and training costs for detectives and forensic investigators, and the purchase ofsoftware and equipment needed to stay abreast ofemerging technologies. The funding will also support regional haining and education opportunities for Task Force partners and equipmeni to suppod their investigations. Task Force members will utilize NetSmartz and other NCMEC tools to educate teachers, studenls, and parents about the dangers ofthe Intemet. NCA/CF Kittitas County Review Form Grants & Contract Agreement Ju 27 202L Today's Date Agenda Date Au st 202L Fund/Department 30 / Sheriff Cont rant lnformation Financial lnformation Bu lnformation Pass Through lnformation Contract nt Seattle Police artment Period Begin Date: lune2I,2O2t Period End Date: September 30,2027 TotalGra ct Amount: not to exceed 51 000 Gra ntract Number: #21-01008 1-029 Contract/Grant Su mmary: The SPD agrees to reimburse the cost of purchasing software for ICAC (Internet Crimes Against Children) investigations. This purchase will enhance the KCSO's ability to investigate crimes within the county involving the exploitation and abuse of children online. The KCSO may reapply each year for reimbursement of the annual renewal cost of $10,000. Total Amount: not to exceed S11,000 State Funds S0 Federal Funds S0 Percentage County Funds Matching Funds S0 CFDA# NA ln-Kind S0 Explain ls Equipment being purchased? Yes Who owns equipment? County New Personnel being hired? No Contact HR hiring - Future impacts or liability to Kittitas County: annual renewal costs Budget Amendment Needed? New Division Created? NO Yes ! attach budget form No El Why not- Revenue will zero out the expenses, as this is a reimbursement. Revenue Code Expense Code 001-3OO2O7 6404 Agency to Pass Through NA Amount to Pass Throueh 5o 5ub-Contract Approved Date: Grant/Contract Review Page L Prosecutor Review Has the Prosecutor reviewed this reement?Yes No CAMAS# 52422 Cou ents I Submitted Signature: Al.-fLq &-1 Date: 1-Lt-U Department: Sh5riff Assignment of lnformation Itlr Grant/Contract Review page 2 Auditor Facilities Maintenance lnformation Services Human Resource Prosecutor Treasurer Auditor's Office Human Resource Prosecutor's Office /-\L{ l-7 V/z r/z"r/ > d'z Who Signed the grant application I Reviewer Date