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HomeMy WebLinkAbout4569RESOLUTION NO.4 5 6 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING AND AUTHORIZING THE MAYOR TO ACCEPT A GRANT FROM THE U.S. DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, BUREAU OF JUSTICE ASSISTANCE WHEREAS, the Auburn Police Department, in order to more effectively address the law enforcement needs of the city, has sought an Edward Byrne Memorial Justice Assistance Grant (JAG); and WHEREAS, the Auburn Police Department has been awarded JAG grant funds in the amount of Forty Three Thousand, Four Hundred Seventeen Dollars ($43,417.00), and WHEREAS, these funds shall be utilized for purchase of law enforcement related equipment, and WHEREAS, these funds are available for use towards the purchase of SWAT Operator personal communications headsets, defensive tactics training suits, traffic radar replacements, automated external defibrillator (AED) augmentation, and technology improvements for the School Resource Officer Patrol Vehicle. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows: Section 1. The Mayor of the City of Auburn is hereby authorized to accept the JAG grant with the award document attached hereto, marked as Exhibit "A" and incorporated herein by this reference. Resolution No 4569 February 9, 2010 Page 1 of 2 Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. This resolution shall be in full force and affect upon passage and signatures hereon DATED and SIGNED this ___ day of Vrn ^rc C---- , 2010. CI PETER B. LEWIS Mayor Attest. rdfrre ti062...e_h-- Danielle E. Daskam City Clerk Approved as to Form: Daniel B. He City Attorney Resolution No 4569 February 9, 2010 Page 2 of 2 Interagency Agreement Edward Byrne Memorial Justice Assistance Grant GAG) Program FY 2009 Local Solicitation Executed by Seattle Police Department (SPD), a department of the City of Seattle, hereinafter referred to as "SPD ", Department Authorized Representative: Nancy Tuck 610 5th Avenue PO Box 34986 Seattle, WA 98124 -4986 and City of Auburn, hereinafter referred to as "Recipient ", Department Authorized Representative: Dave Colglazier 25 W Main St Auburn, WA 98001 -4988 IN WITNESS WHEREOF, the parties have executed this Agreement by having their representatives affix their signatures below. SEATTLE POLICE DEPARTMENT e_ . s Peter :. Lewis, Mayor `0d John Diaz, Interim Chief of Police d Date: 4 (14' (t b Authorized by: Grant Program: Edward Byrne Memorial JusticeAscutance Grant UAG) Program WHEREAS, the Justice Assistance Grant (JAG) Program is the primary provider of federal criminal justice funding to state and local jurisdictions; and WHEREAS, the JAG Program supports all components of the criminal justice system, from multi - jurisdictional drug and gang task forces to crime prevention and domestic violence programs, courts, corrections, treatment, and justice information sharing initiatives; and WHEREAS, the United States Congress authorized $8,929,860 in the Justice Assistance Grant (JAG) Program for jurisdictions in Washington State; and WHEREAS, 14 jurisdictions in King County were required to apply for a JAG Program award with a single, joint application; and ' WHEREAS, the City, as the identified Fiscal Agent, submitted the joint application to the Bureau of Justice Assistance on July 9, 2009 to request JAG Program funds; and WHEREAS, based on the City's successful application, the Bureau of Justice Assistance has awarded $1,161,026 to the City from these JAG Program funds; and WHEREAS, pursuant to the terms of the grant whereby the City, as the identified Fiscal Agent for this . award, is to distribute grant funds to co- applicants, the City intends to transfer some of the JAG funds it receives to those co- applicants; and WHEREAS, the City is not obligated to continue or maintain grant funding levels for the JAG Program once grant funds have lapsed; and WHEREAS, recipients of JAG funds from the City should not anticipate the City will assume responsibility for any program costs funded by JAG once JAG funds are spent; NOW THEREFORE, the parties hereto agree as follows: 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 September 30, 2012 unless terminated earlier pursuant to the provisions hereof. ARTICLE II: DESCRIPTION OF SERVICES The services to be performed under this Agreement shall be conducted for the stated purposes of the Byrne Memorial Justice Assistance Grant GAG) Program (42 U.S.C. 3751(a.) The Edward Byrne Memorial Justice Assistance Grant GAG) Program is the primary provider of federal criminal justice funding to state and local jurisdictions. JAG funds support all components of the criminal justice system, from multijurisdictional drug and gang task forces to crime prevention and domestic violence programs, courts, corrections, treatment, and justice information sharing initiatives. JAG funded projects may address crime through the provision of services directly to individuals and /or communities and by improving the effectiveness and efficiency of criminal justice systems, processes, and procedures. FY 09 JAG Interagency Agreement, Page 2 of 7 ARTICLE III: SPECIAL CONDITIONS • Funds are provided by the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance solely for the purpose of furthering the stated objectives of the Edward Byrne Memorial Justice Assistance Grant GAG) Program. The Recipient shall use the funds to perform tasks as described in the Scope of Work portion of this Agreement. • The Recipient acknowledges that because this Agreement involves 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 Justice liable for any damages, r1aim for reimbursement, or any type of payment whatsoever for services performed under this Agreement prior to the distribution and availability of federal funds. • The Recipient shall comply with all conditions and limitations set forth in the FY 2009 Justice Assistance Grant Program Award # 2009 -DJ -BX -0336. The FY 2009 Justice Assistance Grant Program Award Report #: 2009 -DJ -BX -0336 is attached to and made part of this agreement, as Attachment A. Allocation and use of grant funding must be in accordance with all special conditions included in the Award Report. All Recipients are assumed to have read, understood, and accepted the Award Report as binding. • The Recipient acknowledges that all allocations and use of funds under this agreement will be in accordance with the Edward Byrne Memorial Justice Assistance Grant (JAG) Formula Program: Local Solicitation. Allocation and use of grant funding must be coordinated 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. • Recipient agrees to obtain a valid DUNS profile and create an active registration with the Central Contractor Registration (CCR) database no later than the due date of the Recipient's first quarterly report after a subaward is made. • The Recipient shall comply with all applicable laws, regulations, and program 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) Cost Principles: OMB Circular A -87, State and Local Governments (5/10/04) (C) Audit Requirements: OMC Circular A -133, Audits of State, Local Governments, and Non -Profit Organizations (6/24/57, includes revisions in the Federal Register 6/27/03) (D) The Recipient must comply with the most recent version of the Administrative Requirements, Cost Principals, and Audit Requirements. I) Non - Federal entities that expend $500,000 or more in one fiscal year in Federal awards shall have a single or program- specific audit conducted for that year in FY 09 JAG Interagency Agreement, Page 3 of 7 accordance with the Office of Management and Budget (OMB) Circular A -133- Audits of States, Local Governments, and non -Profit Organizations. Non - federal entities that spend less than $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 available for review or audit by appropriate officials of the Federal 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 Generally Accepted Auditing Standards (GAAS), as found in the Government Auditing Standards (the Revised Yellow Book) developed by the Comptroller General and the OMB Compliance Supplement. The 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 audit requirement and shall ensure that any sub - recipients also maintain auditable records. 4) The Recipient is responsible for any audit exceptions incurred by its own organization or that of its subcontractors. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report submitted to the Seattle Police Department. The 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 of the audit to the City and a letter stating there were no findings, or if there were findings, the letter should provide a list of the findings. The Recipient must send the audit and the letter no later than nine months after the end of the Recipient's fiscal year(s) to: Nancy Tuck, JAG Program Manager Seattle Police Department 610 5th Avenue PO Box 34986 Seattle, WA 98124 -4986 206 -386 -1996 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 above audit requirements in any subcontracts. • The Recipient agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requirements, including, but not limited to, the provision of any information required for assessment or evaluation of activities within this agreement, and for compliance BJA reporting requirements. FY 09 JAG Interagency Agreement, Page 4 of 7 • When implementing funded activities, the Recipient must comply with all applicable federal, state, tribal government, and local laws, regulations, and policies. The Recipient is entirely responsible for determining the Recipient's compliance with applicable laws, regulations and policies, which include, but are not limited to: (A) City of Seattle regulations including, but not limited to: (1) Equal Benefits Program Rules (SMC Ch.20.45:http: / /cityofseattle .net /contract /equalbenefits/) (2) Women 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 applies: 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. Outreach efforts may include the use of solicitation lists, advertisements in publications directed to minority 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 to 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 expiration or earlier termination of this Agreement, relevant records and information necessary to document all Consultant solicitations to subconsultants and suppliers, all subconsultant and supplier proposals received, and all subconsultants 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 requited licenses, permits, and similar legal 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 documents 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 do so due to the nature of the product being produced. Consultants are to use 100% post consumer recycled content, chlorine -free paper in any documents that are produced for the City, whenever practicable, and to use other paper - saving and recycling measures in performance of the 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 Agreement. Failure to comply with the provisions of the ADA shall be a material breach of, and grounds for the immediate termination of, this Agreement. FY 09 JAG Interagency Agreement, Page 5 of 7 (6) Fait Contracting Practices Ordinance: The Consultant shall comply with the Fait Contracting Practices Ordinance of The City of Seattle (Chapter 14.10 SMC), as amended. (7) Suspension and Debarment: The Recipient certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in transactions by any Federal department or agency. By signing and submitting this Agreement, the Recipient is providing the signed certification set out below. The certification this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the Recipient rendered an erroneous certification, the Federal Government and City may pursue available remedies, including termination and /or debarment The Recipient shall provide immediate written notice to the City if at any time the Recipient learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The Recipient agrees by signing this Agreement that it shall not enter into any covered transaction with a person or subcontractor who is debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized in writing by the City. The Recipient shall include the requirement in this section in any subcontracts. (8) In the event of the Recipient's or subcontractor's noncompliance or refusal to comply with any applicable law, regulation or policy, the City may rescind, cancel, or terminate the Agreement in whole or in part. The Recipient is responsible 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 Attachment B: Edward Byrne Memorial Justice Assistance (JAG) Grant Formula Program King County Joint Application, Project Narrative and Attachment C: JAG Budget Worksheet, as approved by BJA. Attachment B and Attachment C are attached to and made part of this agreement The work shall, at all times, be subject to the City's general review and approval. The Recipient shall confer with the City periodically during the progress of the Work, and shall prepare and present such information and materials (e.g. a detailed outline of completed work) as may be pertinent, necessary, or requested by the City or BJA to determine the adequacy of the Work or Recipient's progress. ARTICLE V: PAYMENT (A) Compensation The Recipient shall be reimbursed on an actual cost basis. Total compensation under this Agreement is $43,417. The Recipient shall incur authorized allowable expenses in accordance with the Program Narrative and Project Budget, as detailed in Attachments B and C. FY 09 JAG Interagency Agreement, Page 6 of 7 The Recipient may request additional reimbursement up to the amount of interest accrued on their portion of the grant award. The City will provide quarterly statements to the Recipient, once the interest balance accrued equals at least $1,000. Reimbursements will not be made for interest accrued that is less than $1,000. Reimbursements can be requested, up to the total amount of interest accrued, after the initial quarterly statement has been sent, to perform tasks in accordance with the Program Narrative and Project Budget, as detailed in Exhibits B and C. The Recipient shall submit invoices not more than monthly, and at least quarterly. After the first 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 found at http: / /www.gsa.gov. (B) Manner of Payment The Recipient shall submit reimbursement requests not more than monthly, and at least quarterly. After the first quarter, monthly submission is preferred. Requests are due no later than 30 days after the end of the period in which the work was performed. Reimbursement request forms are provided. Substitute forms are acceptable. With each reimbursement request, the 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 or to state or federal auditors Reimbursement will not be processed without accompanying documentation for the corresponding time period. Once the above conditions are met, payment shall be made by the City to the Recipient. Submit invoicing and documentation to: Nancy Tuck, JAG Program Manager Seattle Police Department 610 5th Avenue PO Box 34986 Seattle, WA 98124 -4986 206- 386 -9885 ARTICLE VI: AMENDMENTS No modification or amendment of the provisions hereof shall be effective unless in writing and signed by authorized representatives of the parties hereto. The parties hereto expressly reserve the right to modify this Agreement, by mutual agreement. FY 09 JAG Interagency Agreement, Page 7 of 7 Depai toeut oflustice Of"iceof Justice Programs ;� � Bureau of Justice Assistance Grant PALM I OF 5 1. RECIPIENT NAME AND ADDRESS (toeludmg 2Ip Coda) dry of Bennlo 600 Fourth Avenue 71h Root .P0. Box 94749 Seattle, WA 98174 -4749 4. AWARD NUMBER; 2009- D3- BX-0336 5. PROJECT PERIOD. FROM 10/01/2005 TO 09130/2012 BUDGET PERIOD- FROM 10101/2008 TO 09/308012 6. AWARD DATE 08/2812009 7. ACTION Waal IA. GRANTEE TRS/VENDORNO. 916001303 S, SUPPLEMENT NUMBER 00 9 PREVIOUS AWARD AMOUNT S 0 3 PROTECTTTTIE , FY 1009 hake Aalaladce Gram Prawn 10. AMOUNT OF THIS AWARD 5 1,161,026 11. TOTAL AWARD S 1,161,026 12 SPECIAL CONDITIONS THE ABOVE GRANTPROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMTFATIONS AS ARE SET FORTH ON THE ATTACHED PAOE(8). 13 STATUTORY AUTHORITY FOR GRANT Thla inject laaepported under 42U.S C 3751(a)(EPA- IAOFormula) 15. METHOD OF PAYMENT PAPRS AGENCY APPROVAL . GRANTEE ACCEPTANCE '': • 16. TYPED NAME AND TITLE OF APPROVING OFFICIAL Jame: K Bench D ActmsDuator 18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Omyary Nickels Mayor 17. SIGNATURE OF APPROVINO OFFICIAL u Clio it, Tun •I AUTHO' v17111-91M ; 19A.DA7y , i t0t7 �. ,x AGENCY USE •• . — — — 20. ACCOUNTING CLASSIFICATION CODES FISCAL FUND BUD. DIV. YEAR CODE ACT. OFC. RE0 SUB POMS AMOUNT X B DJ 80 00 00 1161026 21 ID11.10T3793 i OJP FORM 40008(REV 5-87) PREVIOUS EDITIONS ARE OBSOLETE. OIPFORM 400012 (REV 4-88) Department oflustice Office ofJnstice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 2 OF 5 MOP= NUMBER 2009- D- DX-O336 AWARD DAM 08121V2009 SPECIAL CONDPIIONS 1. The recipient agrees to comply with the financial and administrative requirements set forth in the torrent edition of the Office of Justice Programs (OJP) Financial Guide. 2. The recipient acknowledges that lbilure to submit an acceptable Equal Employment Opportunity Plan (if recipient is required to submit one pursuant to 28 C.P.R. Section 42302), that is approved by the Office for Civil Rights, is a violation of its Certified Assurances and may result in suspension or termination of limiting, until such time as the recipient is in compliance. 3. The recipient agrees to comply with the organizational audit requirements of OMB Circular A -133, Audits of States, Local Governments, and Non -Profit Organizations, and thither understands and agrees that hinds maybe withheld, or other related requirements may be imposed, if outstanding audit Issues (if any) from OMB Circular A -I33 audits (and any other audits of OJP grant funds) are not satisfactorily and promptly addressed, as farther described in the current edition of the OW Financial Guide, Chapter 19. 4. Recipient understands and agrees that it cannot use any federal finds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of OJP. 5. The recipient must promptly refer to the DOJ OIO any credible evidence that a principal, employee, agent, contractor, aubgrau se, subcontractor, or other person has either 1) submitted a false claim for grant funds under 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 grant fluids. This condition also applies to any subeecipieats. Potential fraud, waste, abuse, or misconduct should be reported to the 010 by - mail. Office of the Inspector General U.S. Department of Justice Investigations Division 950 Pennsylvania Avenue, N.W. Room 4706 Washington, DC 20930 c -mall: oig.hotline@nsdgj.gov hotting. (contact information in English and Spanish). (800) 869 -4499 or hotline fax: (202) 616 -9881 Additional information is available from the DOJ 010 website at www.usdoj.govfoig. 0,11" FORM 4000/5 (RaV.488) Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 3 OF 3 PROJECT NUMBER 2009 -DyBX -0336 AWARD DATE 0&t820O9 SPECIAL CONDJT7ONS 6. The grantee agrees to assist BJA in complying with the National Environmental Policy Act (NEPA), the National Historic Preservation Act, sod other related federal environmental impact analysis requirements in the use of these grant funds, either directly by the grantee or bye subgrantee. Accordingly, the grantee agrees to first determine if any of the following activities will be funded by the grant, prior to obligating Ands for any of these purposes. If it is determined that any of the following activities will be flmded by the gran; the grantee agrees to contact WA. The grantee understands that this special condition applies to its following now activities whether or not they tae being specifically Cunded with these grant finds Thetis, as long es the activity is being conducted by the grantee, a subgramee, or any third party and the activity needs to be undertaken in order to use these grant funds, this special condition must first be met The activities covered by this special condition are: a. New construction; b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100 -year flood plam, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places, c. A renovation, lease, or any proposed use ofa building or titeility that will either (a) result m n change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an Incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation ofa program relating to clandestine methampbetamine laboratory operations, including The identification, seizure, or closure of clandestine methamphetannne laboratones. The grantee understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. The grantee further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed at http:// www. dfp. usdoj .gov/BJAiresonrce/nepa.hlml, for programs relating to metbamphetamine laboratory operations. Application of This Special Condition to Grantee's Existing Programs or Activities: For any of the grantee's or its - aubgrantees' existing programs or activities that will be fielded by these grant funds, the grantee, upon specific request *cm WA, agrees to cooperate with WA in any preparation by WA of a national or program environmental assessment of that faded program or activity 7. To avoid duplicating existing networks or IT systems in any initiatives funded by BJA far law enforcement Information sharing systems which Involve interstate comteotivity between Jurisdiction, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the grantee can demonstrate to the satisfaction of BJA that This requirement would not be coat effective or would impair the fanotionaltty clan existing or proposed IT system R. To support public safety and Justice information sharing, OJP requires the grantee to use the National Intimation Exchange Model (NIBM) specifications and guidelines for this particular grant. Grantee shall publish end make available without restriction all schemes generated as a result of this grant to the component regfsny as specified in the guidelines. Formate information on compliance with this special condition, visit http / Iwww. niem .gov /implsmentationguide.php.' 9. The recipient is required to establish a trust fund account. Me trust fund may or may not be an interest- beenng account.) The fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate and expend the grant funds in the trust third (including any interest earned) during the period of the grant. Grant fonds (including any interest earned) not expended by the end ofthe grantperiod must be returned to the Bureau ofjpshce Assistance no later than 90 days after the end of the grant period, along with the final aubmiasion of the Fin Status Report (SF 269) OIP FORM 4000/2 (REV. 4-88) J Department of Justice Office ofJuatice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PROJECT NUMBUR 2009- DFDX-0336 AWARD DAM 08/280009 PALM 4 OP 5 SPECIAL CONDITIONS 10 The grantee agrees to comply with all reporting, data collection and avaloahonrequirements, as prescribed by law and detailed by the BJA in program guidance for the Justice Assistance Grant (JAG) Program. Compliance with these requirements will be monitored by BJA. II. The recipient agrees that arty information technology system fbnded or supported by QIP fords will comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable. Should OW determine 28 C.F.R Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, as per the regulation. Should any violation of 28 GPI. Part 23 occur, the recipient maybe fined as per 42 U S.0 3789g(o)-(d). Recipient may not satisfy such a fine with federal funds. 12. The recipient agrees to ensure that the State Information Technology Point of Contact receives written notificatlon regarding any information technology project funded by this grant daring the obligation and expenditure period. This is to fbeilttate conuxualcatien among local and state govemmentalentitiea regarding various information technology projects being conducted with these grant funds. In addition, the recipient agrees to maintain an administrative file documenting the meeting of this requirement. Fore list of State Information Technology Points of Contact, go to httpJ /www.it.ojp.gov /der§ult espx7area— policyAndPrectice&page=1046 13. The grantee agrees to comply with the applicable requirements of 28 C.F.R. Part 38, the Department of Justice repletion governing "Equal Treatment for Faith Based Organizations" (the "Equal Treatment Regulation"). The Equal Treatment Regulation provides in part that Department of Justice grant awards of direct fitndmg may not be used to Rind any inherently religious activities, such as worship, religious Instruction, or proselytization. Recipients of direct grants may still engage in inherently religious activities, but such activities must be separate in time or place from the Department of Justice funded program, and participation in such activities by individuals receiving services from the grantee or a sub - grantee must be voluntary. The Equal Treatment Regulation also makes clear that organizations participating in programs directly funded by the Department of Justice arenot permitted to discriminate in the provision of services on the basis of a beneficiary's religion. Notwitlutanding any other special condition of this award, faith - based organizations may, in some circumstances, consider religion as a basis for employment. See http //www.ojp gov/aboat/ocrfequal fbo.htm. 14. The recipient acknowledges that all programs Raided through subawards, whether at the state or local levels, must confbtm to the grant program requirements as stated in BJA program guidance. 15. Grantee agree@ to comply with the requirements of 28 C.F.R. Part 46 and all Office of Justice Programs policies end procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. 16. Grantee agrees to comply with all eottfhdendality requirements of 42 U.S.C, section 3789g and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. Grantee further agrees, as a condition of grant approval, to submit a Privacy Certificate that is in accord with requirements of28 C.P.R. Part 22 and, in particular, section 22.23. 17. The recipient agrees that funds received under this award will not be used to supplant State or local funds, but will be used to increase the amounts of such funds that would, in the absence of Federal fiords, be made available for law enforcement activities OW FORM 4001102 (RW. 448) Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET PAGE 5 OF 5 Grant PROJECT NUMBER 2009.41141X 4036 AWARD DATE x&2812009 &IVAL CONDITIONS 18. The grantee agrees that within 120 days of award, for any law enforcement task force funded with these finds, the task force commander, agency executive, task force officers, and other task force members of equivalent ranle, will complete required online (interact - based) teak force training to be provided free of charge through BJA'a Center for Task Force Integrity and Leadership. This training will address task force effectiveness as well as other key issues including privacy and civiil liberties/rights, task force performance measurement, personnel selection, and task force oversight and accountability Additional information will be provided by WA regarding the required training and access methods via BJA's web site and the Center fbr Task Force Integrity and Leadership (www.ctfl org). 19. Recipient may not obligate, expend or drawdown funds until the Bureau of Justice Assistance, Office of Justice Programs has received and approved the signed Memorandum ofUndetstandmg (MOW) between the disparate jurisdictions and has issued a Grant Adjustment Notice (GAN) releasing this special condition. 20. Recipient may not obligate, expend or drawdown finds until the Bureau of forum Assistance, Office of Justice Progratna has received documentation demonstrating that the state or local governing body review andlor community notification requirements have been met and has issued a Grant Adjustment Notice (GAN) releasing this special condition. OR FORM 400W2 MEN. 440 FY `09 Edward Byrne Memorial Justice Assistance (JAG) Grant Formula Program King County Joint Application Program Narrative City of Auburn Project Name: City of Auburn Joint Application 1) Technology Improvement for School Resource Officer Patrol Vehicle: $20,545 2) Automated External Defibrillator (AED) Augmentation: $10,960 3) Traffic Radar Replacement: $3,345 4) Defensive Tactics Training Suits Enhancement: $3,267 5) SWAT Operator Personal Communications Headset: $5,300 Project Cost: $43,417 Project Description: The City of Auburn is submitting a joint application comprised of five programs 1) Technology Improvement for School Resource Officer Patrol Vehicle program 2) Automated External Defibrillator (AED) Augmentation program 3) Traffic Radar Replacement program 4) Defensive Tactics Training Suits Enhancement 5) SWAT Operator Personal Communications Headset program. Program 1: The City of Auburn will use federal funds to enhance the capabilities, efficiency and effectiveness of the School Resource Officer (SRO) through equipment enhancements installed in the SRO assigned vehicle. Enhancements include a mounted 800 Mhz two -way radio, a rugged reliable laptop computer, modem, Charge Guard, Nextel Hands Free Mount and an in -car video recorder. Program 2: The City of Auburn will use federal fiords received to add six Automated External Defibrillators ( AED's) to the patrol fleet to ensure all first responders have immediate access to AED's. Program 3: The City of Auburn will use federal funds to replace 6 Kustom Falcon Radar units that are 9 years old, with new and improved Genesis Handheld Directional -K Band Radars. Program 4: The City of Auburn will use federal funds to purchase two Defensive Tactics Training Suits. These suits will allow training staff to safely and effectively improve the level of officer safety training in the area of defensive tactics. Program 5: The City of Auburn will use federal funds to purchase six headsets for SWAT Operators. These headsets will provide each operator with secure communications in a tactical environment. Program Need: Program 1: The current School Resource Officer vehicle is absent the necessary technologies to ensure officer safety, efficiency, and effectiveness in performing assigned duties. The above listed installed technologies and equipment will correct those deficiencies. Program 2: The Auburn Police Department's current patrol fleet has been increased by six vehicles. Over the past 7 years, all of our patrol fleet has been equipped with AED's to ensure our first responders had immediate access to life saving AED's. Our first responders need the assurance that an AED is readily available for immediate use in their assigned vehicle. , Program 3: The Auburn Police Department has 6 Kustom Falcon Radar units that are assigned to a Patrol Division of 60 sergeants and officers. In July of 2008, the company that manufactures the units stopped production. Parts for this radar are increasingly difficult to find in order to keep them functioning properly. The Genesis Handheld Direction -K Band radars have improved technology and software. The Auburn Police Department currently has 5 Decaur Genesis VPD hand held radar units. These units are proven reliable and the technology is widely accepted within the City Municipal Court, Program 4: The Auburn Police Department has been conducting in- service training in Defensive Tactics for nine years. Currently, there are five training Defensive Tactics Instructors on the team. During monthly training, part of the curriculum is low speed scenario based training. In order to protect the student officers as well as instructors, it is necessary to utilize the proper equipment. The acquisition of two Defensive Tactics Suits enables our training staff to minimize injury during training. Program 5: The use of federal funds to purchase six headsets for SWAT operators will stabilize our local government budget, allowing budgeted funds to be utilized in other essential services. Program Activities for 4-Year Grant Period: Program 1: One school resource officer patrol car will be equipped with the Auburn Police Department standard issued technology upgrades allowing full connectivity to all PD software programs and enhancements. Program 2: Six patrol vehicles will be equipped with AED's to ensure first responders to basic life support incidents will have immediate access to proven life saving equipment. Program 3: This program involves the purchase of replacement of the 9- year -old Kustoni Falcon Radars with improved Genesis Handheld Direction -K Band Radar units. These units drastically improve our officers' abilities to enforce the traffic laws, while improving traffic safety in the city. The City of Auburn has many traffic improvement projects that have been implemented over the years to include Red Light Photo Enforcement and Engineered Traffic Calming. These radar units will add to the cities efforts to improve traffic safety. Program 4: The Auburn Police Department trains over 100 commissioned police officers in the area of Defensive Tactics. This equates to over 1600 hours of annual training. Currently our Policies and Procedures require training in the area of Defensive Tactics. This is supported by standards set by CALEA. Program 5: Existing SWAT headsets that were purchased in 2000 and are now deteriorating rapidly and becoming unreliable, will be replaced by six new headsets Anticipated Coordination Efforts Involving JAG and Related Justice Funds: No coordination anticipated at this time. Project Objectives: Program 1: Provide the School Resource Officer with the latest technology to assist him in improved efficiencies, safety, and standardization to what the rest of our patrol fleet has in the way of technology. Program 2: Provide immediately available basic life support equipment to police first responders in our community. Having AED's available in all patrol fleet vehicles. Program 3: The Auburn Police Department has identified Traffic Safety as a major concern from citizens. Over the last 5 years we have increased the number of officers assigned to the Traffic Division to include officers exclusively dedicated to collision response. Responding to collisions is only part of our efforts and we have identified that enforcement drastically affects safe vehicular traffic flow. Our objective is to increase our traffic related enforcement in the area of speed measurement. Program 4: During the past nine years of training in Defensive Tactics, the Auburn Police Department has suffered injuries to officers and trainers. We are constantly seeking ways to improve safety to all involved. Our objective at this point is to continue to eliminate injuries during Defensive Tactics and striving to reduce these numbers each year. Additionally, with the use of Defensive Tactics Suits, we are able to provide student officers with real -time options and a chance to test, train, and apply real tactics in a realistic environment. This type of training reduces injuries to officers and offenders in the field, thus reducing risk and liability to the agency. Program 5: Improved communication and hearing protection for SWAT operators. Communication during high -risk tactical operations is essential to officer safety. Replacing current SWAT headsets will drastically improve and ensure communications with SWAT operators during tactical operations. Performance Measures: Program 1: Evaluation of the technology improvement for the School Resource Officer Patrol Vehicle will be evaluated by the assigned SRO during routine operations. Program 2: Evaluation of the use of AED's and the number of life saving incidents during this evaluation timeline. Program 3: To measure our objectives in this program we will compare collisions on identified roadways to the amount of speed violations recorded by officers. The intent is to slow vehicles down on identified roadways. Therefore through radar speed enforcement the Auburn Police Department will attempt to decrease the amount of reportable collisions. Program 4: The Auburn Police Department hopes to measure two different areas after the purchase of the Defensive Tactics Suits. First, the staff intends to reduce injuries to officers and students each year during training. Second, the staff intends to measure the result of Scenario Based Training and the reduction of injuries to officers and offenders in the field. Further, the ability to control situations quicker due to increased skills and decision making. The department hopes to show a reduction in higher levels of force used by officers. Program 5: Evaluation of communications by SWAT operators during training and operations.