20-127.01 Bureau of Justice: Coronavirus Grant , O12?.01
AGREEMENT BETWEEN THE CITY OF SPOKANE VALLEY AND SPOKANE
COUNTY IN CONJUNCTION WITH BJA FY20 CORONAVIRUS
EMERGENCY SUPPLEMENTAL FUNDING PROGRAM
1.Grantee 2.Contract Amount 3.Tax ID#
SPOKANE COUNTY 91-6001370
1116 W.Broadway $70,612
Spokane,WA 99260 4.DUNS#
010205078
5.Grantee Representative 6.City of Spokane Valley's Representative
Kan Grytdal Jonathan Lakey
Office of Financial Assistance Accountant/Budget Analyst
1116 W. Broadway
Spokane,WA 99260 10210 East Sprague Avenue
(509)477-7273 Spokane Valley,WA 99206
kgrytdal @spokanecounty.org j I ak eyLopokan eva I I ey.org
(509)720-5046
7.Grantor ID# 8.Original Grant ID# 9.Start Date 10. End Date
2020-VD-BX-1305 01/20/2020 1/31/2022
11.Funding Source:
® Federal ❑ State ❑ Other
12.Federal Funds(as applicable) CFDA# Federal Agency:
16.034 U.S. Department of Justice
13.Contractor Selection Process: (check all that apply or 14. Contractor Type: (check all that apply)
qualify)
❑ Private Organization/Individual
❑ Sole Source
®Public Organization/Individual
❑A/E Services ❑Vendor
0 Competitive Bidding
Subrecipient
®Pre-approved by Funder ® Non—Profit ❑For-Profit
15.Grant Purpose: To support local law enforcement efforts to prevent or reduce crime and violence.
16. The CITY of SPOKANE VALLEY and the GRANTEE, as identified above, acknowledge and accept the terms of this
AGREEMENT and attachments and have executed this AGREEMENT on the date below to start as of the date and year
referenced above.The rights and obligations of both parties to this AGREEMENT are governed by this AGREEMENT and the following
other documents incorporated by reference:(1)General Terms and Conditions,(2)Attachment"A"Scope of Work,(3)Attachment
"B" Budget, (4) Attachment "C' Statement of Assurances, (5) Attachment "D" Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion, (6) Attachment"E" FFATA, (7) Attachment"F"Restrictions and Certifications Regarding
Non-Disclosure Agreements, (8) Attachment "C" National Environmental Policy Act, (9) Attachment "H" Acknowledgement of
Allowable and Unallowable Costs, (10) Attachment "1" Equal Employment Opportunity Plan Certification Form, and (11)
Attachment"J"CCR Registration of Sub-Recipient DUNS Numbers.
FO (EE CITY 07 NE VALLEY: / / FOR NTE •
Z` �l 21 _ 12. ZS%202D
Signatur Date Signature Date
ric C ( wu vl _r,e.v11/K
Name Name
CA/VI AK-
Title ( Title
(FACE SHEET)
Page 1 of 45
GENERAL TERMS AND CONDITIONS
SECTION NO. 1: SERVICES
GRANTEE shall provide those services set forth in the Scope of Work attached hereto as Attachment
"A" and incorporated herein by reference.
SECTION NO. 2: COMPENSATION
CITY of SPOKANE VALLEY, hereinafter known as the"CITY"shall reimburse GRANTEE an amount
not to exceed the amount set forth in Attachment `B", attached hereto and incorporated herein by
reference for the performance of all things necessary for or incidental to the performance of Scope of
Work as set forth in Attachment "A". GRANTEE'S reimbursement for services set forth in Attachment
"A" shall be in accordance with the terms and conditions set forth in the Budget attached hereto as
Attachment `B" and incorporated herein by reference. Invoices must be submitted with appropriate
supporting documentation, including copies of receipts and a brief narrative on the work program
performed and progress achieved and how any items purchased are being used to further the work
program, as directed by the CITY's representative designated hereinafter. Requests for reimbursement
by GRANTEE shall be made on or before the 20th of each month for the previous month's expenditures.
In conjunction with each reimbursement request, GRANTEE shall certify that services to be performed
under this AGREEMENT do not duplicate any services to be charged against any other grant, subgrant,
or other funding source. Requests for reimbursement should not be submitted more than monthly.
Reimbursement voucher is provided and required for requests for payment. Final request for
reimbursement for all expenses is December 31, 2021.
Requests for reimbursement shall be submitted electronically to:
Spokane of Spokane Valley
Attn: Jonathan Lakey
Accountant/Budget Analyst
10210 East Sprague Avenue
Spokane Valley,WA 99206
jlakey@spokanevalley.org
Payment shall be considered timely if made by CITY within thirty (30) calendar days after receipt of
properly completed invoices. Payment shall be sent to the address designated by the GRANTEE.
SECTION NO.3: TERM
The term of this AGREEMENT shall commence as of the date on the FACE SHEET and shall terminate
on the date on the FACE SHEET.
Page 2 of 45
SECTION NO. 4: RELATIONSHIP OF THE PARTIES
The PARTIES intend that an independent contractor relationship will be created by this AGREEMENT.
The CITY is interested only in the results that can be achieved, and the conduct and control of the
activities as set forth in Section No. 1 and described in Attachment "A" will be solely with GRANTEE.
No agent, employee, servant or otherwise of GRANTEE shall be deemed to be an employee, agent,
servant, or otherwise of the CITY for any purpose, and the employees of GRANTEE are not entitled to
any of the benefits that the CITY provides for CITY employees. GRANTEE will be solely and entirely
responsible for its acts and the acts of its agents, employees, servants, and subcontractors or otherwise,
during the performance of this AGREEMENT.
SECTION NO. 5: VENUE STIPULATION
This AGREEMENT has and shall be construed as having been made and delivered in the State of
Washington and the laws of the State of Washington shall be applicable to its construction and
enforcement. Any action at law, suit in equity or judicial proceeding for the enforcement of this
AGREEMENT or any provision hereto shall be instituted only in courts of competent jurisdiction within
Spokane, Washington.
SECTION NO. 6: COMPLIANCE WITH LAWS
The PARTIES specifically agree to observe all federal, state and local laws, ordinances and regulations
and policies to the extent that they may have any bearing on meeting their respective obligations under
the terms of this AGREEMENT, including, but not limited to the following:
A. Audits 2 CFR Part 200;
B. Labor and Safety Standards — Convict Labor 18 U.S.C. 751, 752, 4081, 4082; Drug-Free
Workplace Act of 1988, 41 USC 701 et seq.; Federal Fair Labor Standards Act 29 U.S.C. 201 et
seq.; Work Hours and Safety Act of 1962 40 U.S.C. 327-330 and Department of Labor
Regulations, 29 CFR Part 5;
C. Laws Against Discrimination Age Discrimination Act of 1975, Public Law 94-135, 42 U.S.C.
6101-07, 45 CFR Part 90 Nondiscrimination in Federally Assisted Programs; Americans with
Disabilities Act of 1990 Public Law 101-336; Equal Employment Opportunity, Executive Order
11246, as amended by Executive Order 11375 and supplemented in U.S. Department of Labor
Regulations, 41 CFR Chapter 60; Executive Order 11246, as amended by EO 11375, 11478,
12086 and 12102; Employment under Federal Contracts, Rehabilitation Act of 1973, Section
503, 29 U.S.C. 793;Nondiscrimination under Federal Grants, Rehabilitation Act of 1973, Section
504, 29 U.S.C. 794; Minority Business Enterprises, Executive Order 11625, 15 U.S.C. 631;
Minority Business Enterprise Development, Executive Order 12432, 48 CFR 32551;
Nondiscrimination and Equal Opportunity,24 CFR 5.105(a);Nondiscrimination in benefits, Title
VT of the Civil Rights Act of 1964, Public Law 88-352, 42 U.S.C. 2002d et seq, 24 CFR Part 1;
Nondiscrimination in employment,Title VTT of the Civil Rights Act of 1964,Public Taw 88-35'
Nondiscrimination in Federally Assisted Construction Contracts, Executive Order 11246, 42
U.S.C. 2000e, as amended by Executive Order 11375, 41 CFR Chapter 60; Section 3, Housing
and Urban Development Act of 1968, 12 U.S.C. 1701u (See 24 CFR 570.607(b));
Page 3 of 45
Office of Management and Budget Circulars- 2 CFR Parts 200; Other-Anti-Kickback Act, 18
U.S.C. 874; 40 U.S.C. 276b, 276c; 41 U.S.C. 51-54; Governmental Guidance for New
Restrictions on Lobbying: Interim Final Guidance, Federal Register 1, Vol. 54, No.
243\Wednesday, December 20, 1989; Hatch Political Activity Act, 5 U.S.C. 1501-8; Lobbying
and Disclosure, 42 U.S.C. 3537a and 3545 and 31 U.S.C. 1352 (Byrd Anti-Lobbying
Amendment); Non-Supplantation, 28 CFR Sec. 90, 18; Section 8 Housing Assistance Payments
Program; and
D. Privacy-Privacy Act of 1974, 5 U.S.C. 552a.
Washington State Laws and Regulations
A. Affirmative action, RCW 41.06.020 (11);
B. Boards of directors or officers of non-profit corporations - Liability -- Limitations, RCW
4.24.264;
C. Disclosure-campaign finances-lobbying, Chapter 42.17 RCW;
D. Discrimination-human rights commission, Chapter 49.60 RCW;
E. Ethics in public service, Chapter 42.52 RCW;
F. Office of minority and women's business enterprises, Chapter 39.19 RCW and Chapter 326-02
WAC;
G. Open public meetings act, Chapter 42.30 RCW;
H. Public records act, Chapter 42.56 RCW; and
I. State budgeting, accounting, and reporting system, Chapter 43.88 RCW.
SECTION NO. 7: AUDIT
A. General Requirements
1. GRANTEE shall procure audit services based on the following guidelines.
2. The GRANTEE shall maintain its records and accounts so as to facilitate the audit
requirement and shall ensure that Subcontractors also maintain auditable records.
3. The GRANTEE is responsible for any audit exceptions or disallowed costs incurred by
its own organization or that of its Subcontractors.
4. The CITY reserves the right to recover from the GRANTEE all disallowed costs resulting
from the audit.
5. Responses to any unresolved management findings and disallowed or questioned costs
shall be included with the audit report. The GRANTEE must respond to the CITY
requests for information or corrective action concerning audit issues within thirty (30)
days of the date of request.
B. Federal Funds Requirement- 2 CFR Part 200
Page 4 of 45
1. GRANTEE'S expending $750,000 or more in a fiscal year in federal funds from all
sources, direct and indirect, are required to have an audit conducted in accordance with 2
CFR Part 200. When state funds are also to be paid under this AGREEMENT a Schedule
of State Financial Assistance as well as the required schedule of Federal Expenditure
must be included. Both schedules include:
a. Grantor agency name;
b. Federal agency;
c. Federal program income;
d. Other identifying contract numbers;
e. Catalog of Federal Domestic Assistance (CFDA) number (if applicable);
f Grantor contract number;
g. Total award amount including amendments (total grant award); and
h. Current year expenditures.
2. If the GRANTEE is a state or local government entity, the Office of the State Auditor
shall conduct the audit. Audits of non-profit organizations are to be conducted by a
certified public accountant selected by the GRANTEE in accordance with 2 CFR Part
200.
3. The GRANTEE shall include the above audit requirements in any subcontracts.
4. 1n any case, the GRANTEE's financial records must be available for review by the CITY
and the Department of Justice.
C. Documentation Requirements
1. GRANTEE must send a copy of the audit report described above no later than sixty(60)
days after the completion of the audit to the CITY representative identified in Section
No. 5 COMPENSATION.
2. In addition to sending a copy of the audit, when applicable, GRANTEE must include:
a. Corrective action plan for audit findings within three (3) months of the audit being
received by the CITY.
b. Copy of the Management Letter.
SECTION NO. 8: REPORTING REQUIREMENTS
A. The GRANTEE will use the Bureau of Justice Assistance (BJA) Performance Metric (PMT) at
www.bjaperformancetools.org (or any other performance metric device the Department of
Justice institutes during the lifetime of the grant)to submit quarterly financial status reports semi-
annual progress reports, final financial and progress reports and if applicable an annual audit
report in accordance with the Part 200 Uniform Requirements or specific award conditions.
B. The GRANTEE shall also comply with the Federal Funding Accountability and Transparency
Act (FFATA) and related Office of Management and Budget (OMB) Guidance consistent with
Public Law (PL) 109-282 as amended by section 6202(a) of Public Law 1 10-252 (see 31 U.S.C.
Page 5 of 45
6101 note)and complete and return to CITY the FFATA Form which is incorporated by reference
and made a part of this AGREEMENT.
SECTION NO. 9: AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW
101-336
The GRANTEE must comply with the ADA, which provides comprehensive civil rights protection to
individuals with disabilities in the areas of employment, public accommodations, state and local
government services, and telecommunications.
SECTION NO. 10: NON-DISCRIMINATION
The PARTIES hereto specifically agree that no person shall, on the grounds of race, creed, color, sex,
sexual orientation,national origin,marital status,age or the presence of any sensory, mental,or physical
disability or Vietnam era or disabled veterans status be excluded from full employment rights and
participation in, or be denied the benefits of, or be otherwise subject to, discrimination in conjunction
with any Services which GRANTEE will receive payment under the provisions of this AGREEMENT.
SECTION NO. 11: NONCOMPLIANCE WITH NONDISCIMINATION LAWS
During the performance of this AGREEMENT, the GRANTEE shall comply with all federal, state, and
local nondiscrimination laws, regulations and policies. In the event of the GRANTEE's non-compliance
or refusal to comply with any nondiscrimination law, regulation or policy, this AGREEMENT may be
rescinded, canceled or terminated in whole or in part. The GRANTEE shall, however, be given a
reasonable time in which to cure this noncompliance. Any dispute may be resolved in accordance with
the "Disputes"procedure set forth herein.
SECTION NO. 12: NOTIFICATION OF FINDINGS OF DISCRIMINATION OR NON-
COMPLIANCE
In the event a state or federal court or a state or federal administrative agency makes a finding of
discrimination after a due process hearing on the grounds of race, color, religion, national origin, age,
disability, or sex against the GRANTEE, the GRANTEE will forward a copy of the finding to the U.S.
Department of Justice, Office of Justice Programs, Office of Civil Rights (OCR), and the CITY.
The GRANTEE shall include a statement clearly stating whether or not the funding is related to any
grant activity supported with a grant in which U.S. Department of Justice Funds are involved, and
identify all open grants utilizing U.S. Department of Justice funding, by Contract number and program
title.
The GRANTEE is required to ensure compliance with this requirement.
SECTION NO. 13: NEW CIVIL RIGHTS PROVISION
The GRANTEE shall comply with the Violence Against Women Reauthorization Act of 2013 provision
that prohibits recipients from excluding, denying benefits to,or discriminating against any person on the
basis of actual or perceived race, color,religion, national origin, sex, gender identity, sexual orientation,
Page 6 of 45
or disability in any program or activity funded in whole or in part by this AGREEMENT.
SECTION NO. 14: LIMITED ENGLISH PROFICIENCY (CIVIL RIGHTS ACT OF 1964
TITLE VI)
GRANTEE must comply with the Title VI of the Civil Rights Act of 1964 (Title VI)prohibition against
discrimination on the basis of national origin, which requires that subrecipients of federal financial
assistance take reasonable steps to provide meaningful access to persons with Limited English
Proficiency (LEP) to their programs and services. Providing meaningful access for persons with LEP
may entail providing language assistance services, including oral interpretation and written translation.
Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency
(August 11, 2000), requires federal agencies to issue guidance to recipients, assisting such organizations
and entities in understanding their language access obligations. Department of Homeland Security
(DHS) published the required recipient guidance in April 2011, DHS Guidance to Federal Financial
Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting
Limited English Proficient Persons, 76 Fed. Reg. 21755-21768 (April 18, 2011). The Guidance provides
helpful information such as how a recipient can determine the extent of its obligation to provide language
services; selecting language services; and elements of an effective plan on language assistance for LEP
persons. Assistance and information regarding language access obligations can be accessed at DHS
Recipient Guidance at https://www.dhs.gov/guidance-published-help-department-supported-
organizations-provide-meaningful-access-people-limited and additional resources on
http://www.lep.gov.
SECTION NO. 15: EQUAL EMPLOYMENT OPPORTUNITY PROGRAM(EEOP)
The GRANTEE will determine whether it is required to formulate an Equal Employment Opportunity
Program (EEOP), in accordance with 28 C.F.R. 42.301 et. seq. If the GRANTEE is not required to
formulate an EEOP, it will submit a certificate form to the U.S. Department of Justice, Office of Justice
Programs, Office of Civil Rights (OCR), and the CITY indicating that it is not required to develop an
EEOP.
If the GRANTEE is required to develop an EEOP but not required to submit the EEOP to the OCR, the
GRANTEE will submit a certification to the OCR and the CITY certifying that it has an EEOP on file
which meets the applicable requirements. If the GRANTEE is awarded a grant of$500,000 or more and
has 50 or more employees, it will submit a copy of its EEOP to the OCR. Non-profit organizations,
federally recognized Indian Tribes, and medical and education institutions are exempt from the EEOP
requirement, but are required to submit a certification form to the OCR to claim the exemption. A copy
of the certification form will also be submitted to the CITY. Information about civil rights obligations
of grantees can be found at http://www.opj.usdoj.gov/ocr/.
SECTION NO. 16: NON-SUPPLANTING CERTIFICATION
No grant funds will be used to supplant existing state, local, or other nonfederal funding already in place
to support current services. Grant funds will be used to increase the total amount of funds used to prevent
or reduce crime and violence_ Violation of the non-supplanting requirement can result in a range of
penalties, including suspension of future funds under this grant, recoupment of monies provided under
this grant, and civil and/or criminal penalties.
Page 7 of 45
If GRANTEE currently has other active awards of federal funds, or if GRANTEE receives any other
award of federal funds during the period of performance for this award, GRANTEE promptly must
determine whether funds from any of those other federal awards have been, are being, or are to be used
(in whole or in part) for one or more of the identical cost items for which funds are provided under this
award. If so, GRANTEE must promptly notify the DOJ awarding agency(OW or OVW, as appropriate)
in writing of the potential duplication, and if so requested by DOJ awarding agency, must seek a budget-
modification or change-of-project-scope Grant Adjustment Notice (GAN)to eliminate any inappropriate
duplication of funding.
SECTION NO. 1 7: APPLICANT DUTY TO ENSURE SUB-RECIPIENT COMPLIANCE
The applicant is required to ensure compliance with this requirement by any program partner or
participant receiving funding under this grant.
SECTION NO. 18: INDEMNIFICATION
The CITY shall protect, defend, indemnify, and hold harmless the GRANTEE, its officers, officials,
employees, and agents while acting within the scope of their employment as such, from any and all costs,
claims, judgments, and/or awards of damages (both to persons and/or property). The CITY will not be
required to indemnify, defend, or save harmless the GRANTEE if the claim, suit, or action for injuries,
death, or damages (both to persons and/or property) is caused by the sole negligence of the GRANTEE.
Where such claims, suits, or actions result from the concurrent negligence of both Parties, the indemnity
provisions provided herein shall be valid and enforceable only to the extent of each Party's own
negligence.
The GRANTEE agrees to protect, defend, indemnify, and hold harmless the CITY, its officers, officials,
employees, and agents while acting within the scope of their employment as such, from any and all costs,
claims,judgments and/or awards of damages (both to persons and/or property). The GRANTEE will not
be required to indemnify, defend, or save harmless the CITY if the claim, suit, or action for injuries,
death, or damages(both to persons and/or property) is caused by the sole negligence of the CITY. Where
such claims, suits, or actions result from the concurrent negligence of both Parties, the indemnity
provisions provided herein shall be valid and enforceable only to the extent of each Party's own
negligence.
The CITY and GRANTEE agree that its obligations under this section extend to any claim, demand
and/or cause of action brought by, or on behalf of, any CITY or GRANTEE employees or agents while
performing work authorized under this AGREEMENT. For this purpose, the CITY and GRANTEE, by
mutual negotiation, hereby waives any immunity that would otherwise be available to it against such
claims under the Industrial Insurance provisions of chapter 51.12 RCW.
These indemnifications and waiver shall survive the termination of this AGREEMENT.
No officer or employee of the GRANTEE or the CITY shall be personally liable for any act, or failure
to act, in connection with this AGREEMENT, it is understood that in such matters they are acting solely
as agents of their respective agencies.
Page 8 of 45
SECTION NO. 19: INSURANCE
The GRANTEE is self-insured. A letter from the GRANTEE's Risk Manager can be provided upon request.
SECTION NO.20: MAINTENANCE OF RECORDS
The GRANTEE shall maintain all books, records, documents, data and other evidence relating to this
AGREEMENT and performance of the Services described herein, including but not limited to
accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs
of any nature expended in the performance of this AGREEMENT.
GRANTEE shall retain such records for a period of six(6) years following the date of final payment. At
no additional cost, these records, including materials generated under the AGREEMENT, shall be
subject at all reasonable times to inspection, review or audit by the CITY, personnel duly authorized by
the CITY,the Office of the State Auditor,and federal and state officials so authorized by law,regulation
or agreement.
If any litigation, claim or audit is started before the expiration of the six(6)year period, the records shall
be retained until all litigation, claims, or audit findings involving the records have been finally resolved
and an additional 3 years beyond resolution.
SECTION NO. 21: TERMINATION FOR CAUSE/SUSPENSION
In the event CITY determines that the GRANTEE failed to comply with any term or condition of this
AGREEMENT, CITY may terminate the AGREEMENT in whole or in part upon written notice to the
GRANTEE. Such termination shall be deemed "Termination for Cause." Termination shall take effect
on the date specified in the notice.
In the alternative, CITY upon written notice may allow the GRANTEE a specific period of time in which
to correct the non-compliance. During the corrective-action time period, CITY may suspend further
payment to the GRANTEE in whole or in part, or may restrict the GRANTEE's right to perform duties
under this AGREEMENT. Failure by the GRANTEE to take timely corrective action shall allow CITY
to terminate the AGREEMENT upon written notice to the GRANTEE.
"Termination for Cause" shall be deemed a "Termination for Convenience" when CITY determines that
the GRANTEE did not fail to comply with the terms of the AGREEMENT or when CITY determines
the failure was not caused by the GRANTEE's actions or negligence. If the AGREEMENT is terminated
for cause, the GRANTEE shall be liable for damages as authorized by law, including, but not limited to,
any cost difference between the original agreement and the replacement agreement, as well as all costs
associated with entering into the replacement agreement (i.e., competitive bidding, mailing, advertising,
and staff time).
SECTION NO. 22: TERMINATION FOR CONVENIENCE
Except as otherwise provided in this AGREEMENT, CITY may, by ten (10) business days' written
notice, beginning on the second day after the mailing, terminate this AGREEMENT, in whole or in part.
If this AGREEMENT is so terminated, the CITY shall be liable only for payment required under the
terms of this AGREEMENT for services rendered prior to the effective date of termination.
Page 9 of 45
SECTION NO.23: TERMINATION PROCEDURES
After receipt of a Notice of Termination, except as otherwise directed by CITY, the GRANTEE shall:
A. Stop work under the AGREEMENT on the date, and to the extent specified, in the notice;
B. Place no further orders for materials, services, or facilities related to the AGREEMENT;
C. Assign to CITY all of the rights, title, and interest of the GRANTEE under the orders and
subcontracts so terminated, in which case CITY has the right, at its discretion, to settle or pay
any or all claims arising out of the termination of such orders and subcontracts. Any attempt by
the GRANTEE to settle such claims must have the prior written approval of CITY; and
D. Preserve and transfer any materials, AGREEMENT deliverables and/or CITY property in the
GRANTEES' possession as directed by CITY.
Upon termination of the AGREEMENT, CITY shall pay the GRANTEE for any service provided by the
GRANTEE under the AGREEMENT prior to the date of termination. CITY may withhold any amount
due as CITY reasonably determines is necessary to protect CITY against potential loss or liability
resulting from the termination. CITY shall pay any withheld amount to the GRANTEE if CITY later
determines that loss or liability will not occur.
The rights and remedies of CITY under this Section are in addition to any other rights and remedies
provided under this AGREEMENT or otherwise provided under law. Provided, further, in the event that
the GRANTEE fails to perform this AGREEMENT in accordance with state laws, federal laws, and/or
the provisions of this AGREEMENT, CITY reserves the right to recapture funds in an amount to
compensate CITY for the noncompliance in addition to any other remedies available at law or in equity.
Repayment by the GRANTEE of funds under this recapture provision shall occur within the time period
specified by CITY. In the alternative, CITY may recapture such funds from payments due under this
AGREEMENT.
SECTION NO. 24: DISPUTE RESOLUTION
Any dispute between the PARTIES which cannot be resolved between the PARTIES shall be subject to
arbitration. Except as provided for to the contrary herein, such dispute shall first be reduced to writing.
If the CITY and GRANTEE representatives cannot resolve the dispute it will be submitted to arbitration.
The provisions of chapter 7.04A RCW shall be applicable to any arbitration proceeding.
The CITY and the GRANTEE shall have the right to designate one person each to act as an arbitrator.
The two selected arbitrators shall then jointly select a third arbitrator. The decision of the arbitration
panel shall be binding on the PARTIES and shall be subject to judicial review as provided for in chapter
7.04A RCW.
The costs of the arbitration panel shall be equally split between the PARTIES.
SECTION NO. 25: CITY REPRESENTATIVE
The CITY hereby appoints and GRANTEE hereby accepts the CITY's representative or her designee as
identified on the FACE SHEET as the CITY'S liaison for the purpose of administering this
AGREEMENT. GRANTEE hereby appoints and CITY hereby accepts GRANTEE's representative or
Page 10 of 45
his/her designee as identified on the FACE SHEET as GRANTEE's liaison for the purpose of
administering this AGREEMENT.
SECTION NO. 26: WAIVER
No officer, employee, agent or otherwise of the CITY has the power, right or authority to waive any of
the conditions or provisions to this AGREEMENT. No waiver of any breach of this AGREEMENT
shall be held to be a waiver of any other or subsequent breach. All remedies afforded in this
AGREEMENT or at law, shall be taken and construed as cumulative that is, in addition to every other
remedy provided herein or by law. Failure of the CITY to enforce at any time any of the provisions of
this AGREEMENT, or to require at any time performance by GRANTEE of any provision hereof, shall
in no way be construed to be a waiver of such provisions, nor in any way effect the validity of this
AGREEMENT of any part hereof, or the right of the CITY to hereafter enforce each and every such
provision.
SECTION NO. 27: MODIFICATION
No modification or amendment of this AGREEMENT shall be valid until the same is reduced to writing
and executed with the same formalities as this present AGREEMENT.
SECTION NO. 28: NO THIRD-PARTY BENEFICIARIES
Nothing in this AGREEMENT is intended to give, or shall give, whether directly or indirectly, any
benefit or right, greater than that enjoyed by the general public, to third persons.
SECTION NO. 29: NOTICES
Except as provided to the contrary herein, all notices or other communications given hereunder shall be
deemed given on: (i) the day such notices or other communications are received when sent by personal
delivery; or (ii) the third day following the day on which the same have been mailed by first class
delivery, postage prepaid addressed to the CITY or GRANTEE at the address set forth on the FACE
SHEET for such party,or at such other address as either party shall from time-to-time designate by notice
in writing to the other Party.
SECTION NO.30: SURVIVAL
Any Sections of this AGREEMENT which, by their sense and context, are intended to survive shall
survive the termination of this AGREEMENT.
SECTION NO.31: SEVERABILITY
It is understood and agreed between the PARTIES that if any parts, terms, or provisions of this
AGREEMENT are held by the courts to be illegal, the validity of the remaining portions or provisions
shall not be affected and the rights and obligations of the PARTIES shall not be affected in regard to the
remainder of the AGREEMENT. If it should appear that any part, term or provision of this
Page 11 of 45
AGREEMENT is in conflict with any statutory provisions of the State of Washington,then the part,term
or provision thereof that may be in conflict shall be deemed inoperative and null and void insofar as it
may be in conflict therewith and this AGREEMENT shall be deemed modify to conform to such
statutory provision.
SECTION NO.32: EXECUTION AND APPROVAL
The PARTIES warrant that the officers/individuals executing below have been duly authorized to act for
and on behalf of the party for purposes of confirming this AGREEMENT.
SECTION NO.33: ACCESS TO DATA
In compliance with RCW 39.26.180, the GRANTEE shall provide access to data generated under this
AGREEMENT to the CITY, Department of Justice,the Joint Legislative Audit and Review Committee,
and the Office of the State Auditor at no additional cost. This includes access to all information that
supports the findings, conclusions, and recommendations of the GRANTEE's reports, including
computer models and the methodology for those models.
SECTION NO.34: ACKNOWLEDGEMENT OF FEDERAL FUNDING
The GRANTEE shall submit to the CITY, for re-submission to the Bureau of Justice Assistance, one
copy of all reports and proposed publications resulting from this grant twenty (20) days prior to public
release. Any written, visual, or audio publications, with the exception of press releases, whether
published at the GRANTEE's or government's expense, shall contain the following statements:
"This project was supported by Grant No. 202 0-V D-B X-13 05 awarded by the Bureau of
Justice Assistance. The Bureau of Justice Assistance is a component of the United States
Department of Justice Office of Justice Programs, which also includes the National Institute of
Justice, the Bureau of Justice Statistics, the Office of Juvenile Justice and Delinquency
Prevention and the Office of Victims of Crime. Points of view in this document are those of the
author and do not necessarily represent the official position or policies of the United States
Department of Justice."
SECTION NO.35: ALL WRITINGS CONTAINED HEREIN
This AGREEMENT contains all the terms and conditions agreed upon by the PARTIES. No other
understandings, oral or otherwise, regarding the subject matter of this AGREEMENT shall be deemed
to exist or to bind any of the PARTIES hereto. GRANTEE has read and understands all of this
AGREEMENT and now states that no representation, promise or condition not expressed in this
AGREEMENT has been made to induce GRANTEE to execute the same.
SECTION NO.36: ANTI-KICKBACK
No officer or employee of the GRANTEE, having the power or duty to perform an official act or action
related to this AGREEMENT shall have or acquire any interest in the AGREEMENT, or have solicited,
accepted or granted a present or future gift, favor, service or other thing of value from or to any person
involved in the AGREEMENT.
Page 12 of 45
SECTION NO.37: ASSIGNMENT
Neither this AGREEMENT, nor any claim arising under this AGREEMENT, shall be transferred or
assigned by the GRANTEE without prior written consent of CITY.
SECTION NO.38: ATTORNEYS' FEES
Unless expressly permitted under another provision of the AGREEMENT, in the event of litigation or
other action brought to enforce the terms of the AGREEMENT, each party agrees to bear its own
attorneys' fees and costs.
SECTION NO.39: AUTHORITY TO OBLIGATE AWARD FUNDS CONTINGENT ON
NONINTERFERENCE (WITHIN THE FUNDED "PROGRAM OR
ACTIVITY")WITH FEDERAL LAW ENFORCEMENT(8 U.S.C.1373 AND
1644); UNALLOWABLE COSTS; NOTIFICATION
A. If the GRANTEE is a "State," a local government, or a "public" institution of higher education:
1. The GRANTEE may not obligate AGREEMENT funds if, at the time of the obligation,
the "program or activity" of the GRANTEE (or of any subcontractor at any tier that is a
State, a local government, or a public institution of higher education) that is funded in
whole or in part with AGREEMENT funds is subject to any "information-
communication restriction".
2. In addition, with respect to any project costs it incurs "at risk," the GRANTEE may not
obligate award funds to reimburse itself if, at the time it incurs such costs, the program
or activity of the GRANTEE (or of any subcontractor at any tier that is a State, a local
government, or a public institution of higher education) that would be reimbursed in
whole or in part with award funds was subject to any information-communication
restriction.
3. Any drawdown of award funds by the GRANTEE shall be considered, for all purposes,
to be a material representation by the GRANTEE to OW that, as of the date the
GRANTEE requests the drawdown, the GRANTEE and each subcontractor(regardless
of tier) that is a State, local government, or public institution of higher education, is in
compliance with the award condition entitled "Noninterference (within the funded
'program or activity') with federal law enforcement: 8 U.S.C. 1373 and 1644 and
ongoing compliance."
The GRANTEE must promptly notify the CITY (in writing) if the GRANTEE, from its
requisite monitoring of compliance with award conditions or otherwise, has credible
evidence that indicates that the funded program or activity of the GRANTEE, or of any
subrecipient at any tier that is either a State or a local government or a public institution
of higher education, may be subject to any information-communication restriction. In
addition, any subcontract (at any tier) to a subcontractor that is a State, a local
government, or a public institution of higher education must require prompt notification
to the CITY, should the subcontractor have such credible evidence regarding an
Page 13 of 45
information-communication restriction.
B. Any AGREEMENT, at any tier, to a subcontractor that is a State, a local government, or a public
institution of higher education must provide that the subcontractor may not obligate award funds
if, at the time of the obligation, the program or activity of the subcontractor (or of any further
such subcontractor at any tier) that is funded in whole or in part with award funds is subject to
any information-communication restriction.
C. Absent an express written determination by the CITY or DOJ to the contrary, based upon a
fmding by the CITY or DOJ of compelling circumstances(e.g.,a small amount of AGREEMENT
funds obligated by the GRANTEE at the time of a subcontractor's minor and transitory non-
compliance,which was unknown to the GRANTEE despite diligent monitoring), any obligations
of AGREEMENT funds that, under this condition, may not be made shall be unallowable costs
for purposes of this award. In making any such determination, the CITY or DOJ will give great
weight to evidence submitted by the GRANTEE that demonstrates diligent monitoring of
subcontractors compliance with the requirements set out in the "Noninterference... 8 U.S.C. 1373
and 1644 and ongoing compliance" AGREEMENT condition.
D. Rules of Construction
1. For purposes of this condition "information-communication restriction" has the meaning
set out in the "Noninterference ... 8 U.S.C. 1373 and 1644 and ongoing compliance"
condition; and
2. Both the "Rules of Construction" and the "Important Note" set out in the
"Noninterference ... 8 U.S.C. 1373 and 1644 and ongoing compliance" condition are
incorporated by reference as though set forth here in full.
SECTION NO. 40: CERTIFICATION REGARDING DEBARMENT, SUSPENSION OR
INELIGIBILITY AND VOLUNTARY EXCLUSION — PRIMARY AND
LOWER TIER COVERED TRANSACTION
A. The GRANTEE, defined as the primary participant and its principal, certifies by signing these
General Terms and Conditions that to the best of its knowledge and belief that they:
1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal department or agency.
2. Have not within a three-year period preceding this AGREEMENT, been convicted of or
had a civil judgement rendered against them for commission of fraud or a criminal
offense in connection with obtaining, attempting to obtain, or performing a public or
private agreement or transaction, violation of Federal or state antitrust statutes or
commission or embezzlement, theft, forgery, bribery, falsification or destruction of
records, making false statements, tax evasion, receiving stolen property, making false
claims, or obstruction of justice;
3. Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity(Federal, state, or local) with commission of any of the offenses
enumerated in paragraph (A)(2) of this section; and
4. Have not within a three-year period preceding the signing of this AGREEMENT had
Page 14 of 45
one or more public transactions (Federal, state, or local) terminated for cause of default.
B. Where the GRANTEE is unable to certify to any of the statements in this AGREEMENT, the
GRANTEE shall attach an explanation to this AGREEMENT.
C. The GRANTEE agrees by signing this AGREEMENT that it shall not knowingly enter into any
lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or
voluntarily excluded from participation in this covered transaction, unless authorized by the
CITY.
D. The GRANTEE further agrees by signing this AGREEMENT that it will include the clause titled
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower
Tier Covered Transaction," as follows, without modification, in all lower tier covered
transactions and in all solicitations for lower tier covered transactions:
LOWER TIER COVERED TRANSACTIONS
1. The lower tier grantee certifies, by signing this AGREEMENT that neither it nor its
principals is presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this transaction by any Federal
department or agency.
2. Where the lower tier grantee is unable to certify to any of the statements in this
AGREEMENT, such grantee shall attach an explanation to this AGREEMENT.
E. The terms covered transaction, debarred, suspended, ineligible, lower tier covered
transaction, person, primary covered transaction, principal, and voluntarily excluded, as
used in this section, have the meanings set out in the Definitions and Coverage sections of the
rules implementing Executive Order 12549. You may contact the CITY for assistance in
obtaining a copy of these regulations.
SECTION NO.41: CONFIDENTIALITY/SAFEGUARDING OF INFORMATION
A. "Confidential Information" as used in this section includes:
1. All material provided to the GRANTEE by CITY that is designated as "confidential" by
CITY;
2. All material produced by the GRANTEE that is designated as "confidential" by CITY;
and
3. All personal information in the possession of the GRANTEE that may not be disclosed
under state or federal law. "Personal information" includes but is not limited to
information related to a person's name, health, finances, education, business, use of
government services, addresses, telephone numbers, social security number, driver's
license number and other identifying numbers, and "Protected Health Information"
under the federal Health Insurance Portability and Accountability Act of 1996
(HIPAA).
The GRANTEE shall comply with all state and federal laws related to the use, sharing,
transfer, sale, or disclosure of Confidential Information. The GRANTEE and any subgrantee
at any tier, must comply with all confidentiality requirements of 34 U.S.C. section 10231 and
28 C.F.R. Part 22,that are applicable to collection, use, and revelation of data or information.
Page 15 of 45
The GRANTEE agrees, as a condition of award approval, to submit a Privacy Certificate that
is in accord with the requirements of 28 C.F.R. Part 22 and, in particular, 28 C.F.R. 22.23.
shall use Confidential Information solely for the purposes of this Grant and shall not use,
share, transfer, sell or disclose any Confidential Information to any third party except with
the prior written consent of CITY or as may be required by law. The GRANTEE shall take
all necessary steps to assure that Confidential Information is safeguarded to prevent
unauthorized use, sharing,transfer, sale or disclosure of Confidential Information or violation
of any state or federal laws related thereto. Upon request,the GRANTEE shall provide CITY
with its policies and procedures on confidentiality. CITY may require changes to such
policies and procedures as they apply to this Grant whenever CITY reasonably determines
that changes are necessary to prevent unauthorized disclosures. The GRANTEE shall make
the changes within the time period specified by CITY. Upon request, the GRANTEE shall
immediately return to CITY any Confidential Information that CITY reasonably determines
has not been adequately protected by the GRANTEE against unauthorized disclosure.
B. Unauthorized Use or Disclosure. The GRANTEE shall notify CITY within five (5)working days
of any unauthorized use or disclosure of any confidential information, and shall take necessary
steps to mitigate the harmful effects of such use or disclosure.
SECTION NO. 42: CONFLICT OF INTEREST
Notwithstanding any determination by the Executive Ethics Board or other tribunal, the CITY may, in
its sole discretion, by written notice to the GRANTEE terminate this AGREEMENT if it is found after
due notice and examination by the CITY that there is a violation of the Ethics in Public Service Act,
Chapter 42.52 RCW; or any similar statute involving the GRANTEE in the procurement of, or
performance under this AGREEMENT.
Specific restrictions apply to contracting with current or former state employees pursuant to chapter
42.52 of the Revised Code of Washington. The GRANTEE and their subgrantees(s) must identify any
state of Washington employees or former state employees employed or on the firm's governing board
during the past 24 months, identify the individual by name, the agency previously or currently employed
by,job title or position held, and separation date. If it is determined by the CITY that a conflict of interest
exists, the GRANTEE may be disqualified from further consideration for the award of a contract.
In the event this AGREEMENT is terminated as provided above, the CITY shall be entitled to pursue
the same remedies against the GRANTEE as it could pursue in the event of a breach of the
AGREEMENT by the GRANTEE. The rights and remedies of the CITY provided for in this clause shall
not be exclusive and are in addition to any other rights and remedies provided by law. The existence of
facts upon which the CITY makes any determination under this clause shall be an issue and may be
reviewed as provided in the "Disputes" clause of this AGREEMENT.
SECTION NO.43: COPYRIGHT PROVISIONS
Unless otherwise provided, all Materials produced under this Grant shall be considered "works for hire"
as defined by the U.S. Copyright Act and shall be owned by CITY. CITY shall be considered the author
of such Materials. In the event the Materials are not considered"works for hire"under the U.S. Copyright
laws, the GRANTEE hereby irrevocably assigns all right, title, and interest in all Materials, including all
Page 16 of 45
intellectual property rights, moral rights, and rights of publicity to CITY effective from the moment of
creation of such Materials.
"Materials" means all items in any format and includes, but is not limited to, data, reports, documents,
pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or
sound reproductions. "Ownership" includes the right to copyright, patent, register and the ability to
transfer these rights.
For Materials that are delivered under the Grant, but that incorporate pre-existing materials not produced
under the Grant, the GRANTEE hereby grants to CITY a nonexclusive, royalty-free, irrevocable license
(with rights to sublicense to others) in such Materials to translate, reproduce, distribute, prepare
derivative works, publicly perform, and publicly display. The GRANTEE warrants and represents that
the GRANTEE has all rights and permissions, including intellectual property rights, moral rights and
rights of publicity, necessary to grant such a license to CITY.
The GRANTEE shall exert all reasonable effort to advise CITY, at the time of delivery of Materials
furnished under this Grant, of all known or potential invasions of privacy contained therein and of any
portion of such document which was not produced in the performance of this Grant. The GRANTEE
shall provide CITY with prompt written notice of each notice or claim of infringement received by the
GRANTEE with respect to any Materials delivered under this Grant. CITY shall have the right to modify
or remove any restrictive markings placed upon the Materials by the GRANTEE.
The GRANTEE understands and agrees that any training or training materials developed or delivered with funding
provided through this AGREEMENT must adhere to the OW Training Principles for Grantees and Subgrantees.The
principles are available at http://wwwojp.usdoj.gov/funding/ojptrainingguidingprinciples.htm.
SECTION NO.44: COUNTERPARTS
This AGREEMENT may be executed in any number of counterparts, each of which, when so executed
and delivered, shall be an original, but such counterparts shall together constitute but one and the same.
SECTION NO.45: EXPENDITURES PROHIBITED WITHOUT WAIVER
No funds under this AGREEMENT may be expended on the purchase of items prohibited by the JAG
program statute, unless, as set forth at 34 U.S.C. 10152,the BJA Director certifies that extraordinary and
exigent circumstances exist, making such expenditures essential to the maintenance of public safety and
good order.
SECTION NO. 46: HEADINGS
The Section headings in this AGREEMENT have been inserted solely for the purpose of convenience
and ready-reference. In no way do they purport to, and shall not be deemed to, define, limit or extend
the scope or intent of the Sections to which they appertain.
SECTION NO. 47: LICENSING,ACCREDITATION,AND REGISTRATION
The GRANTEE shall comply with all applicable local, state, and federal licensing, accreditation and
registration requirements or standards necessary for the performance of this Grant.
Page 17 of 45
SECTION NO.48: LIMITATION OF AUTHORITY
Only the Authorized Representative or Authorized Representative's designee by writing (designation to
be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify,
or waive any clause or condition of this AGREEMENT. Furthermore, any alteration, amendment,
modification, or waiver or any clause or condition of this AGREEMENT is not effective or binding
unless made in writing and signed by the Authorized Representative.
SECTION NO.49: LOSS OF FUNDING
In the event funding from state, federal, or other sources which is the source of funding for this
AGREEMENT is withdrawn, reduced, or limited in any way after the effective date of this
AGREEMENT, and prior to normal completion, CITY may terminate the AGREEMENT under the
"Termination for Convenience" clause, without the ten business day notice requirement. In lieu of
termination, the AGREEMENT may be amended to reflect the new funding limitations and conditions.
SECTION NO. 50: NON-INTERFERENCE (WITHIN THE FUNDED "PROGRAM OR
ACTIVITY") WITH FEDERAL LAW ENFORCEMENT: 8 U.S.C. 1373
AND 1644; ONGOING COMPLIANCE
A. With respect to the "program or activity" funded in whole or part under this AGREEMENT,
including any such program or activity of any subcontractor at any tier, throughout the period of
performance, no State or local government entity, agency, or official may prohibit or in any way
restrict: (1) any government entity or official from sending or receiving information regarding
citizenship or immigration status as described in 8 U.S.C. 1373(a); or(2) a government entity or
agency from sending, requesting or receiving, maintaining, or exchanging information regarding
immigration status as described in either 8 U.S.C. 1373(b) or 1644. Any prohibition (or
restriction) that violates this condition is an "information-communication restriction" under this
award.
B. Certifications from subrecipients. The GRANTEE may not make a subaward to a State, a local
government, or a "public" institution of higher education, unless it first obtains a certification of
compliance with 8 U.S.C. 1373 and 1644, properly executed by the chief legal officer of the
government or educational institution that would receive the subaward, using the appropriate
form available at httj : cjpLa)\ tundfm.1 yMore%Sample( ertiiii,ition,. I -S( I htm. Also,
the GRANTEE must require that no subrecipient (at any tier) may make a further subaward to a
State, a local government, or a public institution of higher education, unless it first obtains a
certification of compliance with 8 U.S.C. 1373 and 1644, properly executed by the chief legal
officer of the government or institution that would receive the further subaward, using the
appropriate OJP form.
C. The GRANTEE's monitoring responsibilities include monitoring of subcontractors compliance
with the requirements of this condition.
D. Allowable costs. Compliance with these requirements is an authorized and priority purpose of
this award. To the extent that such costs are not reimbursed under any other federal program,
award funds may be obligated for the reasonable, necessary, and allocable costs (if any) that the
GRANTEE, or any subcontractor at any tier that is a State, a local government, or a public
Page 18 of 45
institution of higher education, incurs to implement this condition.
E. Rules of Construction
1. For purposes of this condition:
a. State and local government include any agency or other entity thereof, but not
any institution of higher education or any Indian tribe;
b. A public institution of higher education is defined as one that is owned,
controlled, or directly funded (in whole or in substantial part) by a State or
local government. (Such a public institution is considered to be a"government
entity," and its officials to be "government officials.");
c. Program or activity means what it means under title VI of the Civil Rights Act
of 1964 (see 42 U.S.C. 2000d-4a);
d. Immigration status means what it means under 8 U.S.C. 1373 and 8 U.S.C.
1644; and terms that are defined in 8 U.S.C. 1101 mean what they mean under
that section 1101, except that "State" also includes American Samoa; and
e. Pursuant to the provisions set out at (or referenced in) 8 U.S.C. 1551 note
("Abolition... and Transfer of Functions"), references to the "Immigration and
Naturalization Service" in 8 U.S.C. 1373 and 1644 are to be read as references
to particular components of the DHS.
2. Nothing in this condition shall be understood to authorize or require any recipient, any
subrecipient at any tier, any State or local government, any public institution of higher
education, or any other entity (or individual) to violate any federal law, including any
applicable civil rights or nondiscrimination law.
3. IMPORTANT NOTE: Any questions about the meaning or scope of this condition should
be directed to OW, before award acceptance.
SECTION NO. 51: NON-INTERFERENCE (WITHIN THE FUNDED "PROGRAM OR
ACTIVITY") WITH FEDERAL LAW ENFORCEMENT:
INTERROGATION OF CERTAIN ALIENS
SCOPE: This condition applies with respect to the "program or activity" that is funded (in whole or in
part) by this award, as of the date the GRANTEE accepts this award, and throughout the remainder of
the period of performance for the award. Its provisions must be among those included in any subaward
(at any tier).
A. Noninterference with statutory law enforcement access to correctional facilities. Consonant with
federal law enforcement statutes and regulations, including 8 U.S.C. 1357(a),under which certain
federal officers and employees "have power without warrant ...to interrogate any alien or person
believed to be an alien as to his right to be or to remain in the United States," and 8 C.F.R.
287.5(a), under which that power may be exercised "anywhere in or outside the United States"
within the funded program or activity, no State or local government entity, agency, or official
may interfere with the exercise of that power to interrogate "without warrant" (by agents of the
United States acting under color of federal law) by impeding access to any State or local
government (or government-contracted) correctional facility by such agents for the purpose
Page 19 of 45
"interrogating any alien or person believed to be an alien as to his [or her] right to be or to remain
in the United States."
B. Monitoring. The GRANTEE's monitoring responsibilities include monitoring of subcontractors
compliance with this condition.
C. Allowable costs. To the extent that such costs are not reimbursed under any other federal
program, award funds may be obligated for the reasonable, necessary, and allocable costs(if any)
of actions (e.g., training) designed to ensure compliance with this condition.
D. Rules of construction
I. For purposes of this condition:
a. The term "alien" means what it means under section 101 of the Immigration
and Nationality Act (INA) (see 8 U.S.C. 1101(a)(3));
b. The term "correctional facility" means what it means under the title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (see 34 U.S.C.
10251(a)(7));
c. The term "impede" includes taking or continuing any action, or implementing
or maintaining any law, policy, rule, or practice, that: (1) is designed to
prevent or to significantly delay or complicate; or (2) has the effect of
preventing or of significantly delaying or complicating.
2. Both the "Rules of Construction" and the"Important Note" set out in the"Noninterference
(within the funded'program or activity')with federal law enforcement: 8 U.S.C. 1373 and
1644 and ongoing compliance" award condition are incorporated by reference as though
set forth here in full.
SECTION NO. 52: NON-INTERFERENCE (WITHIN THE FUNDED "PROGRAM OR
ACTIVITY") WITH FEDERAL LAW ENFORCEMENT: NO PUBLIC
DISCLOSURE OF CERTAIN LAW ENFORCEMENT SENSITIVE
INFORMATION
SCOPE: This condition applies with respect to the "program or activity" that is funded (in whole or in
part) by this AGREEMENT, as of the date the GRANTEE accepts this AGREEMENT, and throughout
the remainder of' the period of performance. Its provisions must be among those included in any
subcontracts (at any tier).
A. Noninterference: No public disclosure of federal law enforcement information, in order to
conceal, harbor,or shield. Consistent with the purposes and objectives of federal law enforcement
statutes and federal criminal law (including 8 U.S.C. 1324 and 18 U.S.C. chs. 1, 49, 227), no
public disclosure may be made of any federal law enforcement information in a direct or indirect
attempt to conceal, harbor, or shield from detection any fugitive from justice under 18 U.S.C. ch.
49,or any alien who has come to,entered,or remains in the United States in violation of 8 U.S.C.
ch. 12 -without regard to whether such disclosure would constitute (or could form a predicate
for) a violation of 18 U.S.C. 1071 or 1072 or of 8 U.S.C. 1324(a).
B. Monitoring. The GRANTEE's monitoring responsibilities include monitoring of subcontractors
compliance with this condition.
Page 20 of 45
C. Allowable costs. To the extent that such costs are not reimbursed under any other federal
program, AGREEMENT funds may be obligated for the reasonable, necessary, and allocable
costs (if any) of actions (e.g., training) designed to ensure compliance with this condition.
D. Rules of construction:
1. For purposes of this condition:
a. The term "alien" means what it means under section 101 of the INA (see 8
U.S.C. 1101(a)(3));
b. The term "federal law enforcement information" means law enforcement
sensitive information communicated or made available, by the federal
government,to a State or local government entity, agency, or official, through
any means, including, without limitation: (1) through any database; (2) in
connection with any law enforcement partnership or task-force; (3) in
connection with any request for law enforcement assistance or cooperation; or
(4) through any deconfliction (or courtesy) notice of planned, imminent,
commencing, continuing, or impending federal law enforcement activity;
c. The term "law enforcement sensitive information" means records or
information compiled for any law enforcement purpose; and
d. The term "public disclosure" means any communication or release other than
one: (a) within the GRANTEE; or(b) to any subcontractor (at any tier) that
is a government entity.
2. Both the "Rules of Construction" and the "Important Note" set out in the
"Noninterference (within the funded 'program or activity') with federal law
enforcement: 8 U.S.C. 1373 and 1644 and ongoing compliance" award condition are
incorporated by reference as though set forth here in full.
SECTION NO. 53: NON-INTERFERENCE (WITHIN THE FUNDED "PROGRAM OR
ACTIVITY") WITH FEDERAL LAW ENFORCEMENT: NOTICE OF
SCHEDULED RELEASE
SCOPE: This condition applies with respect to the "program or activity" that is funded (in whole or in
part) by this AGREEMENT, as of the date the GRANTEE accepts the AGREEMENT, and throughout
the remainder of the period of performance. Its provisions must be among those included in any
subcontract at any tier.
A. Noninterference with "removal" process: Notice of scheduled release date and time. Consonant
with federal law enforcement statutes including: 8 U.S.C. 1231 (for an alien incarcerated by a
State or local government, a ninety(90) day removal period during which the federal government
shall detain and then "shall"remove an alien from the U.S. begins no later than "the date the alien
is released from ... confinement"; also, the federal government is expressly authorized to make
payments to a "State or a political subdivision of the State ... with respect to the incarceration of
[an] undocumented criminal alien"); 8 U.S.C. 1226 (the federal government "shall take into
custody" certain criminal aliens "when the alien is released"); and 8 U.S.C. 1366 (requiring an
annual DOJ report to Congress on "the number of illegal alien[ felons] in Federal and State
prisons" and programs underway "to ensure the prompt removal" from the U.S. of removable
Page 21 of 45
"criminal aliens") -- within the funded program or activity, no State or local government entity,
agency, or official (including a government-contracted correctional facility) may interfere with
the removal process by failing to provide, as early as practicable (see para. 4.C. below), advance
notice to DHS of the scheduled release date and time for a particular alien, if a State or local
government(or government-contracted) correctional facility receives from DHS a formal written
request pursuant to the INA that seeks such advance notice.
B. Monitoring: The GRANTEE's monitoring responsibilities include monitoring of subrecipient
compliance with this condition.
C. Allowable costs: To the extent that such costs are not reimbursed under any other federal
program, award funds may be obligated for the reasonable,necessary, and allocable costs(if any)
of actions (e.g., training) designed to ensure compliance with this condition.
D. Rules of construction:
1. For purposes of this condition:
a. The term "alien" means what it means under section 101 of the INA (see 8
U.S.C. 1 101(a)(3)).
b. The term "correctional facility" means what it means under the title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (see 34 U.S.C.
10251(a)(7)).
2. Nothing in this condition shall be understood to authorize or require any GRANTEE, any
subcontractor at any tier, any State or local government, or any other entity or individual
to maintain (or detain) any individual in custody beyond the date and time the individual
otherwise would have been released.
3. Applicability:
a. Current DHS practice is ordinarily to request advance notice of scheduled
release"as early as practicable(at least 48 hours,if possible)." (See DHS Form
I-247A (3/17)). If (e.g., in light of the date DHS made such request) the
scheduled release date and time for an alien are such as not to allow for the
advance notice that DHS has requested, it shall NOT be a violation of this
condition to provide only as much advance notice as practicable.
b. Current DHS practice is to use the same form for a second, distinct purpose,
to request that an individual be detained for up to forty-eight (48) hours after
the scheduled release. This condition does not encompass such DHS requests
for detention.
4. Both the"Rules of Construction"and the"Important Note" set out in the "Noninterference
(within the funded 'program or activity')with federal law enforcement: 8 U.S.C. 1373 and
1644 and ongoing compliance" award conditions are incorporated by reference as though
set forth here in full.
SECTION NO. 54: ORDER OF PRECEDENCE:
In the event of an inconsistency between the provisions in AGREEMENT, the inconsistency shall be
resolved by giving precedence in the following order:
Page 22 of 45
A. Applicable federal and State of Washington statutes and regulations;
B. Face Sheet;
C. Attachment "A"-Scope of Work;
D. Attachment `B"-Budget; and
E. Attachment "C"-SUBSEQUENT EVENTS-COVID 19-MEMO M-20-15 &M-20-17
SECTION NO. 55: POLITICAL ACTIVITIES
Political activity of GRANTEE employees and officers are limited by the State Campaign Finances and
Lobbying provisions of Chapter 42.17 RCW and the Federal Hatch Act, 5 USC 1501-1508.
No funds may be used under this AGREEMENT for working for or against ballot measures or for or
against the candidacy of any person for public office.
SECTION NO. 56: PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION
The assistance provided under this AGREEMENT shall not be used in payment of any bonus or
commission for the purpose of obtaining approval of the application for such assistance or any other
approval or concurrence under this AGREEMENT provided, however, that reasonable fees or bona fide
technical consultant, managerial, or other such services, other than actual solicitation, are not hereby
prohibited if otherwise eligible as project costs.
SECTION NO. 57: PROCUREMENT STANDARDS FOR FEDERALLY FUNDED PROGRAMS
A GRANTEE which is a local government or Indian Tribal government must establish procurement
policies and procedures in accordance with 2 CFR Part 200, for all purchases funded by this
AGREEMENT.
The GRANTEE's procurement system should include at least the following:
A. A code or standard of conduct that shall govern the performance of its officers, employees, or
agents engaged in the awarding of Grants using federal funds.
B. Procedures that ensure all procurement transactions shall be conducted in a manner to provide,
to the maximum extent practical, open and free competition.
C. Minimum procedural requirements, as follows:
1. Follow a procedure to assure the avoidance of purchasing unnecessary or duplicative
items;
2. Solicitations shall be based upon a clear and accurate description of the technical
requirements of the procured items;
3. Positive efforts shall be made to use small and minority-owned businesses;
4. The type of procuring instrument (fixed price, cost reimbursement) shall be determined
by the GRANTEE, but must be appropriate for the particular procurement and for
promoting the best interest of the program involved;
Page 23 of 45
5. Subgrants shall be made only with reasonable Subgrantees who possess the potential
ability to perform successfully under the terms and conditions of the proposed
procurement;
6. Some form of price or cost analysis should be performed in connection with every
procurement action;
7. Procurement records and files for purchases shall include all of the following:
a. GRANTEE's selection or rejection;
b. The basis for the cost or price;
c. Justification for lack of competitive bids if offers are not obtained;
d. a system for Grant administrator to ensure GRANTEE conformance with
terms, conditions and specifications of this AGREEMENT, and to ensure
adequate and timely follow-up of all purchases; and
e. GRANTEE and subgrantees must receive prior approval from the CITY for
using funds from this AGREEMENT to enter into a sole source contract or a
contract where only one bid or proposal is received when value of this
AGREEMENT is expected to exceed$5,000.
Prior approval requests shall include a copy of proposed Grants and any related procurement documents
and justification for non-competitive procurement, if applicable.
SECTION NO. 58: PUBLICITY
The GRANTEE agrees not to publish or use any advertising or publicity materials in which the CITY's
name is mentioned, or language used from which the connection with the CITY's name may reasonably
be inferred or implied, without the prior written consent of the CITY.
SECTION NO. 59: RECLASSIFICATION OF VARIOUS STATUTORY PROVISIONS TO A
NEW TITLE 34 OF THE UNITED STATES CODE
On September 1, 2018,various statutory provisions previously codified elsewhere in the U.S. Code were
editorially reclassified to a new Title 34, entitled "Crime Control and Law Enforcement." The
reclassification encompassed a number of statutory provisions pertinent to OW awards (that is, OJP
grants and cooperative agreements), including many provisions previously codified in Title 42 of the
U.S. Code.
Effective September 1, 2018, any reference in this AGREEMENT to a statutory provision that has been
reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory provision
as reclassified to Title 34. This rule of construction specifically includes references set out in material
incorporated by reference through conditions, and references set out in other requirements.
T TT T [+ T ATl11►T /� A? T ♦ T#'T' !1 MATERIALLY T! T C'
SECTION 1 O. 60: REMEDIES FOR 1�O'N-COMPLIANCE CE OR FOR FALSE
STATEMENTS
Failure to comply with any one or more of these AGREEMENT requirements—whether a condition set
Page 24 of 45
out in full below, a condition incorporated by reference below, or a certification or assurance related to
conduct during the award period—may result in the CITY or OW taking appropriate action with respect
to the GRANTEE and the agreement.Among other things, the CITY may withhold funds,disallow costs,
or suspend or terminate this AGREEMENT. The CITY may also take other legal action as appropriate.
Any materially false, fictitious, or fraudulent statement to the federal government related to this
AGREEMENT (or concealment or omission of a material fact) may be the subject of criminal
prosecution(including under 18 U.S.C. 1001 and/or 1621,and/or 34 U.S.C. 10271-10273), and also may
lead to imposition of civil penalties and administrative remedies for false claims or otherwise (including
under 31 U.S.C. 3729-3730 and 3801-3812).
SECTION NO. 61: REQUIREMENTS OF THE AWARD
The conditions of this AGREEMENT are material requirements of the AGREEMENT. Compliance with
any certifications or assurances submitted by or on behalf of the GRANTEE that relate to conduct during
the period of performance also is a material requirement of this AGREEMENT.
SECTION NO. 62: REQUIREMENT TO COLLECT CERTAIN INFORMATION FROM
SUBCONTRACTORS
The GRANTEE may not make a subcontract to a State, a local government, or a "public" institution of
higher education, unless it first obtains from the proposed subcontractor responses to the questions
identified in the program solicitation as "Information regarding Communication with the Department of
Homeland Security (DHS) and/or Immigration and Customs Enforcement (ICE)." All subcontractor
responses must be collected and maintained by the GRANTEE, consistent with regular document
retention requirements, and must be made available to the CITY or DOJ upon request. Responses to
these questions are not required from subcontractors that are either a tribal government/organization, a
nonprofit organization, or a private institution of higher education.
SECTION NO. 63: REQUIREMENT TO DISCLOSE WHETHER RECIPIENT IS
DESIGNATED "HIGH RISK" BY A FEDERAL GRANT-MAKING
AGENCY OUTSIDE OF DOJ
If the GRANTEE is designated "high risk" by a federal grant-making agency outside of DOJ, currently
or at any time during the course of the period of performance under this award, the GRANTEE must
disclose that fact and certain related information to the CITY and DOJ by email at
jlakey(u<spokanevalley.org and OJP.ComplianceReporting(c ojp.usdoj.gov. For purposes of this
disclosure, high risk includes any status under which a federal awarding agency provides additional
oversight due to the GRANTEE's past performance, or other programmatic or financial concerns with
the GRANTEE. The GRANTEE's disclosure must include the following: 1. The federal awarding
agency that currently designates the recipient high risk; 2. The date the recipient was designated high
risk; 3. The high-risk point of contact at that federal awarding agency (name, phone number, and email
address); and 4. The reasons for the high-risk status, as set out by the federal awarding agency.
Page 25 of 45
SECTION NO. 64: REQUIREMENT TO REPORT ACTUAL OR IMMINENT BREACH OF
PERSONALLY IDENTIFIABLE INFORMATION(PII)
The GRANTEE, and any subcontractor at any tier, must have written procedures in place to respond in
the event of an actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient): 1) creates, collects,
uses, processes, stores, maintains, disseminates, discloses, or disposes of Personally Identifiable
Information (PIT) (2 CFR 200.79) within the scope of an OJP grant-funded program or activity; or 2)
uses or operates a Federal information system (OMB Circular A-130). The GRANTEE's breach
procedures must include a requirement to report actual or imminent breach of PII to the CITY's Program
Manager no later than twenty-four(24) hours after an occurrence of an actual breach, or the detection of
an imminent breach.
SECTION NO. 65: RIGHT OF INSPECTION
The GRANTEE shall provide right of access to its facilities to the CITY, or any of its officers, at all
reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance
under this AGREEMENT.
SECTION NO. 66: SITE SECURITY
While on CITY premises, the GRANTEE, its agents, employees, or subcontractors shall conform in all
respects with physical, fire or other security policies or regulations.
SECTION NO. 67: SPECIAL PROVISIONS
Applicable and attached and incorporated by reference to this AGREEMENT is the following:
Attachment "C" Subsequent Events-Covid 19-Memo m-20-15 & m-20-17; Attachment "D" Statement
of Assurances; Attachment "E" Certification Regarding Debarment, Suspension, Ineligibility;
Attachment "F" FFATA; Attachment "G" Restrictions and Certifications Regarding Non-Disclosure
Agreements; Attachment "H"National Environmental Policy Act; Attachment "I" Acknowledgment of
Allowable and Unallowable Costs; Attachment "I" Equal Employment Opportunity Plan Certification
Form; Attachment "K" CCR Registration of Sub-Recipient DUNS Numbers, and Washington State
Department of Commerce Justice Assistance Grant Subrecipient Compliance Verification.
SECTION NO. 68: SUBCONTRACTORS
GRANTEE shall seek and whenever appropriate will receive approval from the CITY for all
subcontracts under this AGREEMENT. All subcontractors employed or used by GRANTEE to provide
the services under the terms of this AGREEMENT agree to comply with Section Nos. 5, 16, 25, 29, and
38 of this AGREEMENT. GRANTEE shall notify the CITY's representative of any subcontractor and
certify that the subcontractor has been advised of the above provisions and has satisfied the Insurance
provisions prior to providing any subcontracting services.
Page 26 of 45
SECTION NO. 69: SUBMISSION OF ELIGIBLE RECORDS RELEVANT TO THE
NATIONAL INSTANT BACKGROUND CHECK SYSTEM
Consonant with federal statutes that pertain to firearms and background checks, including 18 U.S.C. 922
and 34 U.S.C. ch. 409, if the GRANTEE, or any subrecipient at any tier, uses this award to fund (in
whole or in part)a specific project or program(such as a law enforcement,prosecution, or court program)
that results in any court dispositions, information, or other records that are "eligible records" (under
federal or State law) relevant to the National Instant Background Check System (NICS), or that has as
one of its purposes the establishment or improvement of records systems that contain any court
dispositions, information,or other records that are "eligible records" (under federal or State law)relevant
to the NICS,the GRANTEE (or subcontractor, if applicable)must ensure that all such court dispositions,
information, or other records that are "eligible records" (under federal or State law) relevant to the NICS
are promptly made available to the NICS or to the "State" repository/database that is electronically
available to (and accessed by) the NICS, and -- when appropriate -- promptly must update, correct,
modify, or remove such NICS-relevant "eligible records".
In the event of minor and transitory non-compliance, the GRANTEE may submit evidence to
demonstrate diligent monitoring of compliance with this condition (including subrecipient compliance).
DOJ will give great weight to any such evidence in any express written determination regarding this
condition.
SECTION NO. 70: TAXES
If this AGREEMENT applies to GRANTEE staff, all payments accrued on account of payroll taxes,
unemployment contributions, the GRANTEE income or gross receipts, any other taxes, insurance or
expenses for the GRANTEE or its staff shall be the sole responsibility of the GRANTEE.
Page 27 of 45
ATTACHMENT "A"
SCOPE OF WORK
The AGREEMENT is to clearly identify the roles and responsibilities of the GRANTEE as they relate
to the BJA FY 20 Coronavirus Emergency Supplemental Funding Program Grant.
The term of this AGREEMENT is the period within which the project responsibilities of this
AGREEMENT shall be performed. The term commences January 20, 2020 and terminates January 31,
2022. The principal purpose of this grant is to provide funding that must be utilized to prevent, prepare
for and respond for the coronavirus. Allowable projects and purchases include, but are limited to
overtime, equipment (including law enforcement and medical personal protective equipment), hiring,
supplies (such as gloves, masks, sanitizer), training, travel expenses (particularly related to the
distribution of resources to the most impacted areas) and addressing the medical needs of inmates in
state, local and tribal prisons,jails and detention centers.
There are no specific prohibitions under the Coronavirus Emergency Supplemental Funding Program
other than the unallowable costs that are identified in the DOJ Grants Financial Guide, however, if an
individual item costs more than $500,000 or if the funding is to be used for unmanned aerial system,
unmanned aircraft and/or unmanned aerial vehicles prior approval is needed by BJA.
Page 28 of 45
ATTACHMENT "B"
BUDGET
Funding Category Computation Amount
SPOKANE COUNTY SHERIFF'S OFFICE
• Overtime of Spokane County Sheriff Deputies $49,441.00
• Benefits associated with Overtime of Spokane
County Sheriff Deputies $ 6,298.00
SPOKANE COUNTY SHERIFF'S OFFICE & SPOKANE COUNTY
DETENTION FACILITY
• Sanitation Supplies &PPE $14,873.00
Total Budget $70,612.00
Approved expenditures for the program as set forth in Attachment "A" (Scope of Work) must be
itemized. Payment will be on a cost reimbursement basis only and documentation must be provided to
support the billings including, but not limited to Time&Effort Certifications. Transfer of funds between
Project categories must be approved by the CITY'S representative listed on the face sheet to this
AGREEMENT. Any amendments to the budget must be made in writing and approved by the CITY'S
representative listed on the face sheet to this AGREEMENT.
The GRANTEE shall obligate all grant funds prior to January 31, 2022. Any portion of the grant
funds which remain un-obligated or not expended at the end of this period will be available for use by
the CITY.
The GRANTEE and any subcontractor at any tier, must comply with all applicable laws, regulations,
policies, and official DOJ guidance (including specific cost limits, prior approval and reporting
requirements, where applicable) governing the use of federal funds for expenses related to conferences
(as that term is defined by DOJ), including the provision of food and/or beverages at such conferences,
and costs of attendance at such conferences. Information on the pertinent DOJ definition of conferences
and the rules applicable to this award appear in the DOJ Grants Financial Guide (currently, as section
3.10 of"Postaward Requirements" in the "DOJ Grants Financial Guide").
Program income (as defined in the Part 200 Uniform Requirements) must be used in accordance with
the provisions of the Part 200 Uniform Requirements. Program income earnings and expenditures both
must be reported on the quarterly Federal Financial Report, SF 425.
Page 29 of 45
ATTACHMENT "C"
SUBSEQUENT EVENTS-COVID 19-MEMO M-20-15 & M-20-17
Page 30 of 45
ATTACHMENT "D"
STATEMENT OF ASSURANCES
The GRANTEE:
1. GRANTEE and any subcontractor at any tier, must comply with all applicable requirements for
authorization of any subaward. This condition applies to agreements that, for purposes of federal
grants administrative requirements,OW considers a"subaward" (and therefore does not consider
a procurement "contract"). The details of the requirement for authorization of any subaward are
posted on the OW web site at(Award condition: All subawards ("subgrants")must have specific
federal authorization), and are incorporated by reference here.
2. Has sufficient fiscal and management controls to implement and maintain the program in
accordance with this application and program requirements. The GRANTEE has sufficient
monetary resources to implement and maintain program operations in accordance with this
application.
3. Agrees to comply with any additional requirements that may be imposed by the DOJ awarding
agency (OW or OVW, as appropriate) during the period of performance for this award, if the
recipient is designated as "high-risk" for purposes of the DOJ high-risk grantee list.
4. Will not use any grant funds to supplant local funds, but will use such grant funds to increase the
amounts of funds that would, in the absence of federal funds, be made available for program
activities.
5. GRANTEE and any subcontract at any tier, must comply with, and is subject to, all applicable
provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified
circumstances, discrimination against an employee as reprisal for the employee's disclosure of
information related to gross mismanagement of a federal grant, a gross waste of federal funds,
an abuse of authority relating to a federal grant, a substantial and specific danger to public health
or safety, or a violation of law, rule, or regulation related to a federal grant. GRANTEE also must
inform its employees, in writing (and in the predominant native language of the workforce), of
employee rights and remedies under 41 U.S.C. 4712. Should a question arise as to the
applicability of the provisions of 41 U.S.C. 4712 to this AGREEMENT, the GRANTEE is to
contact the DOJ awarding agency(OW or OVW, as appropriate) for guidance.
6. Will comply with the financial and administrative requirements as set forth in the current edition
of the Office of Justice Programs (OW) Financial Guide. In addition to the financial and
administrative requirements, will conform to the grant program requirements as stated in BJA
program guidance. Agrees to submit,upon request,documentation of its policies and procedures
for monitoring of subawards under this award.
7. GRANTEE and any subcontractor must promptly refer to the DOJ Office of the Inspector
General (OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor,
subcontractor, or other person has, in connection with funds under this award: 1) submitted a
claim that violates the False Claims Act; or 2) committed a criminal or civil violation of laws
pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct. Potential fraud,
waste, abuse, or misconduct involving or relating to funds under this award should be reported
to the OIG by: 1) mail direct to: Office of the Inspector General, U.S. Department of Justice,
Investigations Division, 1425 New York Avenue, N.W. Suite 7100, Washington, DC 20530;
Page 31 of 45
and/or 2)the DOJ OIG hotline: (contact information in English and Spanish) at(800) 869-4499
(phone) or(202) 616-9881 (fax). Additional information is available from the DOJ O!G website
at https://oig.justice.gov/hotline.
8. Agrees to comply with the Uniform Administrative Requirements, Cost Principles, and Audit
Requirements in 2 C.F.R. Part 200, as adopted and supplemented by the Department of Justice
(DOJ) in 2 C.F.R. Part 2800(together,the"Part 200 Uniform Requirements") apply to this 2016
award from the Office of Justice Programs (OJP) and further understands and agrees that funds
may be withheld, or other related requirements may be imposed, if recipient does not
satisfactorily and promptly address outstanding audit issues from audits required by the Part 200
Uniform Requirements (or by the terms of this award), or other outstanding issues that arise in
connection with audits, investigations, or reviews of DOJ awards.
9. 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.
10. Will follow the "Federal Leadership on Reducing Text Messaging While Driving", 74 Federal
Regulation 51225. The Department of Justice 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.
11. 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 of pornography
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.
12. Must verify its Point of Contact (POC), Financial Point of Contact (FPOC), and Authorized
Representative contact information in GMS, including telephone number and e-mail address. If
any information is incorrect or has changed, a Grant Adjustment Notice (GAN) must be
submitted via the Grants Management System(GMS)to document changes.
13. Agrees to comply with DOJ's Global Justice Information Sharing Initiative guidelines. The
GRANTEE and any subgrantee at any tier, must conform to the Global Standards Package(GSP)
and all constituent elements, where applicable, as described at:
https://it.ojp.gov/gsp grantcondition. The GRANTEE and any subgrantee at any tier must
document planned approaches to information sharing and describe compliance with the GSP and
appropriate privacy policy that protects shared information, or provide detailed justification for
why an alternative approach is recommended.
14. Agrees to comply with OJP grant monitoring of this award pursuant to OJP's guidelines,
protocols,procedures and to cooperate with OW (including the grant manager for this award and
the Office of Chief Financial Officer (OCFO)) requests related to such monitoring, including
those related to desk reviews and/or site visits. The GRANTEE agrees to provide to OJP all
documentation necessary to complete monitoring tasks, including documentation related to the
GRANTEE's AGREEMENT. Further the GRANTEE agrees to abide by reasonable deadlines
set by OW for providing the requested documents. Failure to cooperate with OJP's monitoring
Page 32 of 45
activities may result in sanctions affecting the GRANTEE's DOJ awards, including, but not
limited to: withholdings and/or other restrictions on the GRANTEE's access to grant funds;
referral to the DOJ OIG for audit review;designation of the recipient as a DOJ High Risk grantee,
or termination of an award(s).
15. Agrees to participate in BJA-sponsored training events, technical assistance events, or
conferences held by BJA or its designees, upon BJA's request.
16. Will comply with Title V of the Anti-Drug Abuse Act of 1988 and regulations promulgated by
the federal government to maintain a drug-free workplace.
17. Will comply with Title TT of the Americans with Disabilities Act of 1990.
18. Will not undertake any prohibited political activities with these funds including, but not limited
to, voter registration;partisan political activity; lobbying congress,the Legislature,or any federal
or state agency for project of jurisdictionally specific activity; or campaign for any ballot
measure.
19. Will comply with the provisions of Title 28, Code of Federal Regulations; Part 61, Procedures
for Implementing the National Environmental Policy Act; and Part 63, Floodplain Management
and Wetland Protection Procedures.
20. Guarantees in performing any contract, purchase, or other agreement, the organization shall not
discriminate against any employee or applicant for employment because of race, color, religion,
age, sex, marital status, national origin, political affiliation, or the presence of any sensory,
mental, or physical disability. The organization agrees to take affirmative action to ensure that
applicants are employed and that employees are treated during the employment without
discrimination because of their race, color, religion, age, sex, political affiliation, handicap or
national origin. Such action shall include, but not be limited to, employment upgrading,
demotion or transfer, recruitment and recruitment advertising, layoff or termination, rates of pay
or other forms of compensation, and training. This guarantee shall implement federal, state, and
any local equal opportunity and non-discrimination statutes. The GRANTEE further will,
without delay, bring any finding of an equal opportunity or non-discrimination violation to the
attention of the Department of Justice.
21. Agrees to comply with the applicable requirements of 28 C.F.R. Part 38, the Department of
Justice regulation governing "Equal Treatment for Faith Based Organizations" (the "Equal
Treatment Regulation"). The Equal Treatment Regulation provides in part that the Department
of Justice grant awards of direct funding may not be used to fund any inherently religious
activities, such as worship, religious instruction, or proselytization. Recipients of funding 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 must be voluntary. The Equal Treatment
Regulation also makes clear that organizations participating in programs directly funded by the
Department of Justice are not permitted to discriminate in the provision of services on the basis
of a beneficiary's religion.Notwithstanding any other special condition of this award,faith-based
organizations may, in some circumstances, consider religion as a basis for employment.
22. The Grantee and any subgrantee at any tier, must comply with the requirements of 28 C.F.R. Part
46 and all OW policies and procedures regarding the protection of human research subjects,
including obtainment of Institutional Review Board approval, if appropriate, and subject
Page 33 of 45
informed consent.
23. Agrees to comply with all applicable requirements (including requirements to report allegations)
pertaining to prohibited conduct related to the trafficking of persons, whether on the part of the
GRANTEE or individuals defined as employees of the GRANTEE. Details of GRANTEE's
obligations related to prohibited conduct related to trafficking in persons are posted on the OW
web site at http://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm.
24. Understands and agrees that award funds may not be used for items that are listed on the
Controlled Expenditure List at the time of purchase or acquisition, including as the list may be
amended from time to time, without explicit written prior approval from BJA. The Controlled
Expenditure List, and instructions on how to request approval for purchase or acquisitions may
be accessed here: https://www.bja.gov/funding/JAGControlledPurchaseList.pdf
25. Understands that, pursuant to recommendation 2.1 of Executive Order 13688, law enforcement
agencies that acquire controlled equipment through Federal programs must adopt robust and
specific written policies and protocols governing General Policing Standards and Specific
Controlled Equipment Standards. General Policing Standards includes policies on (a)
Community Policing; (b) Constitutional Policing; and (c) Community Input and Impact
Considerations. Specific Controlled Equipment Standards includes policies specifically related
to (a) Appropriate Use of Controlled Equipment; (b) Supervision of Use; (c) Effectiveness
Evaluation; (d) Auditing and Accountability; and (e) Transparency and Notice Considerations.
Upon OJP's request,the recipient agrees to provide a copy of the General Policing Standards and
Specific Controlled Equipment Standards, and any related policies and protocols.
26. Understands and agrees that the purchase or acquisition of any item on the Controlled
Expenditure List at the time of purchase or acquisition, including as the list may be amended
from time to time, with award funds by an agency will trigger a requirement that the agency
collect and retain (for at least 3 years) certain information about the use of 1) any federally-
acquired Controlled Equipment in the agency's inventory, and 2) any other controlled equipment
in the same category as the federally-acquired controlled equipment in the agency's inventory,
regardless of source; and make that information available to BJA upon request. Details about
what information must be collected and retained may be accessed here:
http://www.whitehouse.gov/sites/default/files/docs/le_equipment_wg_final report_final.pdf
27. Understands and agrees that failure to comply with conditions related to Prohibited or Controlled
Expenditures may result in a prohibition from further Controlled Expenditure approval under this
or other federal awards.
28. Understands and agrees that award funds may not be used for items that are listed on the
Prohibited Expenditure List at the time of purchase or acquisition, including as the list may be
amended from time to time. The Prohibited Expenditure List may be accessed here:
https://www.bja.gov/funding/JAGControlledPurchaseList.pr£
29. Understands and agrees that, notwithstanding 2 CFR 200.313, no equipment listed on the
Controlled Expenditure List that is purchased under this award may be transferred or sold to a
third party, except a described as follows: a. Agencies may transfer or sell any controlled
equipment, except riot helmets and riot shields, to a Law Enforcement Agency (LEA) after
obtaining prior written approval from BJA. As a condition of that approval, the acquiring LEA
will be required to submit information and certification to BJA as if it was requesting approval
Page 34 of 45
to use award fund for the initial purchase of items on the Controlled Expenditure List; b. Agencies
may not transfer or sell any riot helmets or riot shields purchased under this award; c. Agencies
may not transfer or sell any Controlled Equipment purchased under this award to non-LEAs,with
the exception of fixed wing aircraft, rotary wing aircraft, and command and control vehicles.
Before any such transfer or sale is finalized, the agency must obtain prior written approval from
BJA. All law enforcement-related and other sensitive or potentially dangerous components, and
all law enforcement insignias and identifying markings must be removed prior to transfer or sale.
GRANTEE further understands and agrees to notify BJA prior to the disposal of any items on
the Controlled Expenditure List purchased under this award, and to abide by any applicable laws
and regulations in such disposal.
30. If award funds are being drawn down in advance, the GRANTEE (or subgrantee,with respect to
a subaward)is required to establish a trust fund account. The GRANTEE(and subgrantee's)must
maintain advance payments of federal awards in interest-bearing accounts, unless regulatory
exclusions apply (2 C.F.R. 200.305(b)(8)). The trust fund, including any interest, may not be
used to pay debts or expenses incurred by other activities beyond the scope of the Edward Byrne
Memorial Justice Assistance Grant Program (JAG). The GRANTEE also agrees to obligate the
grant funds in the trust fund(including any interest earned) during the period of performance for
the award and expend within ninety(90) days thereafter. Any unobligated or unexpended funds,
including inte st earned, ust be returned to OW at the time of closeout.
Authorized Sig r the rantee: January 31, 2022
7/ (lVALID THROUGH
JU
SIGNATURE DATE/� ^/s..
Gerry Gemmill Chief Executive Officer
PRINTED NAME OF SIGNATURE TITLE
Page 35 of 45
ATTACHMENT "E"
DEBARMENT, SUSPENSION, INELIGIBILITY OR VOLUNTARY EXCLUSION
CERTIFICATION FORM
NAME Spokane County Doing business as (DBA)
ADDRESS Applicable Procurement WA Uniform Business Federal Employer Tax Identification
1116 W. Broadway Avenue or Solicitation#, if any: Identifier(UBI) #:
328040473 91-6001370
This certification is submitted as part of a request to contract.
Instructions For Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion—Lower Tier Covered Transactions
READ CAREFULLY BEFORE SIGNING THE CERTIFICATION. Federal regulations require contractors and bidders to sign and
abide by the terms of this certification, without modification, in order to participate in certain transactions directly or indirectly
involving federal funds.
1. By signing and submitting this proposal, the prospective lower tier participant is providing the
certification set out below.
2. The certification in 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 prospective lower tier
participant knowingly rendered an erroneous certification, in addition to other remedies available to
the Federal Government the department or agency with which this transaction originated may pursue
available remedies, including suspension and/or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the department,
institution or office to which this proposal is submitted if at any time the prospective lower tier
participant learns that its certification was erroneous when submitted or had become erroneous by
reason of changed circumstances.
4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction,
participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as
used in this clause, have the meaning set out in the Definitions and Coverage sections of rules
implementing Executive Order 12549. You may contact the person to which this proposal is
submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed
covered transaction be entered into, it shall not knowingly enter into any lower tier covered
transaction with a person who is proposed for debarment under the applicable CFR, debarred,
suspended,declared ineligible, or voluntarily excluded from participation in this covered transaction,
unless authorized by the department or agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include
this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered
transactions and in all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a
lower tier covered transaction that it is not proposed for debarment under applicable CFR, debarred,
suspended, ineligible, or voluntarily excluded from covered transactions, unless it knows that the
Page 36 of 45
certification is erroneous.A participant may decide the method and frequency by which it determines
the eligibility of its principals. Each participant may, but is not required to, check the List of Parties
Excluded from Federal Procurement and Non-procurement Programs.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records
in order to render in good faith the certification required by this clause. The knowledge and
information of a participant is not required to exceed that which is normally possessed by a prudent
person in the ordinary course of business activity.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who is
proposed for debarment under applicable CFR, suspended, debarred, ineligible, or voluntarily
excluded from participation in this transaction, in addition to other remedies available to the Federal
Government, the department or agency with which this transaction originated may pursue available
remedies, including suspension and/or debarment.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower
Tier Covered Transaction
The prospective lower tier participant certifies, by submission of this proposal or contract, that
neither it nor its principals is presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this transaction by any Federal
department or agency. Whe e the prospective lower tier participant is unable to certify to any of
the statement n t is cert. cation, such prospective participant shall attach an explanation to this
form.
SIGNATURE /ô2JJc2O
DATE
Gerry Gemmill _._ Chief Executive Officer _
PRINTED NAME OF SIGNATURE TITLE
Page 37 of 45
ATTACHMENT "F"
FFATA FORM
Subrecipient Agency: Spokane County Date Completed:
Grant and Year: BJA FY 20 Coronavirus Emergency Agreement Number: 2020-VD-BX-1305
Supplemental Grant Program
Completed by: Gerry Gemmill Chief Executive Officer (509)477-2600
Name Title Telephone
STEP 1
YES STOP,no further analysis NO
Is your grant agreement less than$25,000? F- needed,GO to Step 6 F GO to Step 2
STEP 2
In your preceding fiscal year,did your organization YES NO STOP,no further
receive 80%or more of its annual gross revenues l— GO to STEP 3 analysis needed,GO to
from federal funding? Step 6
STEP 3
YES STOP,no further
In your preceding fiscal year,did your organization NO
receive$25,000,000 or more in federal funding? �- GO to STEP 4 analysis needed, GO to
Step 6
STEP 4
Does the public have access to information about the YES STOP,no fur y
further analysis NO
total compensation*of senior executives in your GO to STEP 5
organization? needed,GO to step 6 (—
STEP 5
Executive#1 Name:
Total Compensation amount: $
Name:
Executive#2 Total Compensation amount: $
Name:
Executive#3 Total Compensation amount: $
Name:
Executive#4 Total Compensation amount: $
Name:
Executive#5 Total Compensation amount:$
STEP 6
If your organization does not meet these criteria,specifically identify below each criteria that is not met for your organization: For
Example: "Our organization received less than $25,000."
Our agency did no ec a mo than 80% of its annual gross revenues from federal funding.
Signature: Date: /� / _aU*Total compensation refers to: *Additional Resources:
• Salary and bonuses http://www.whitehouse.gov/omb/open
• Awards of stock,stock options,and stock appreciation rights http://www.hrsa.gov/grants/ffata.html
• Other compensation including,but not limited to,severance http://www.gpo.gov/fdsys/pkg/FR-2010-09-14/pdf/2010-
and termination payments 22705.pdf
• Life insurance value paid on behalf of the employee http:,/www.grants.govi
Page 38 of 45
ATTACHMENT "G"
RESTRICTIONS AND CERTIFICATIONS REGARDING NON-DISCLOSURE
AGREEMENTS
January 1, 2018 through September 30, 2022
No GRANTEE or subcontractor under this AGREEMENT, or entity that receives a contract or
subcontract with any funds under this grant, may require any employee or contractor to sign an internal
confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or
restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an 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 AGREEMENT,
to contravene requirements applicable to Standard Form 312 (which relates to classified information),
Form 4414(which relates to sensitive compartmented information),or any other form issued by a federal
department or agency governing the nondisclosure of classified information.
1. In accepting this AGREEMENT, the GRANTEE:
A. Represents that it neither requires nor has required internal confidentiality agreements or
statements from employees or contractors that currently prohibit or otherwise currently restrict
(or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse
as described above; and
B. Certifies that, if it learns or is notified that it is or has been requiring its employees or contractors
to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or
restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any
further obligations of fund funds, will provide prompt written notification to the agency making
this grant,and will resume(or permit resumption of)such obligations only if expressly authorized
to do so by that agency.
2. If the GRANTEE does or is authorized to make subcontracts or contracts under this AGREEMENT:
A. It represents that:
1. It has determined that no other entity that the GRANTEE's application proposes may or
will receive grant funds (whether through a subgrant, contract, or subcontractor) either
requires or has required internal confidentiality agreements or statements from
employees or contractors that currently prohibit or otherwise currently restrict (or
purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or
abuse as described above; and
2. It has made appropriate inquiry, or otherwise has an adequate factual basis, to support
this representation; and
B. It certifies that, if it learns or is notified that any subgrantee, contractor, or subcontractor entity
that received funds under this grant is or has been requiring its employees or contractors to
execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or
restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any
Page 39 of 45
further obligations of grant funds to or by that entity, will provide prompt written notification to
the agency making this grant, and will resume (or permit resumption of) such obligations only if
expressly authorized to do so by that agency.
Spokane County
Agency Name
Gerry Gemm' Chief Executive Officer
Name of A red Off I Title
„.t7C .20
Signature of Authorized Official Date
Page 40 of 45
ATTACHMENT"H"
NATIONAL ENVIRONMENTAL POLICY ACT(NEPA)
The following information is required from each federal grant recipient. The GRANTEE
understands and agrees that complying with NEPA may require the preparation of an
Environmental Assessment and/or 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 https://bja.gov,Funding/nepa.html, for programs relating to methamphetamine
laboratory operations.
Application of This Condition to the GRANTEE's Existing Program or Activities: For any
GRANTEE or its subcontractors existing programs or activities that will be funded by this
AGREEMENT,the GRANTEE,upon specific request from the CITY or BJA, agrees to cooperate
with BJA in any preparation by BJA of a national or program environmental assessment of that
funded program or activity.
The GRANTEE agrees to first determine if any of the below listed activities will be funded by the
project funds. Prior to obligating funds for the purpose of any of the below listed activities, the
GRANTEE agrees to contact the CITY's representative who will contact the BJA for approval.
Please check one of the blanks to the left of each item below to indicate whether or not the activity
described is being undertaken to support or facilitate the federally funded activity by the grant
recipient or any other party.
Yes
Activity N/A
❑ ® 1. New Construction
2. Minor renovation or remodeling of a property either:
® a. listed on or eligible for listing on the National Register of Historical Places;
or
❑ ® b. located in an environmentally or historically sensitive area, including
properties located within a 100-year flood plain, a wetland, or habitat for
endangered species.
3. A renovation, lease,or any proposed use of a building or facility that will either:
❑ ® a. result in a change in its basic prior use (between industrial, office,
residential, etc.); or
❑ ® b. significantly change its size (total structure, not program's portion thereof).
4. Implementation of a new program involving use of chemicals other than
chemicals that are:
❑ ® a. purchased as an incidental component of the funded activity; or
Cl ® b. traditionally used, for example, in office, household, recreational, or
educational environments.
❑ ® 5. Implementation of a program relating to clandestine methamphetamine
laboratory operations, including the identification, seizure, or closure of
clandestine methamphetamine laboratories.
41
If any item above is checked, a clarification of the activity may be requested.
Response is made related to the following Justice Assistance Grant funded program/project:
Project:
Certificate Valid Throug a f 2 )' September 30, 2022
Signature: �'�''vv < Date: /p?-1 c—a 0
Printed Name: Gerry Gemmill Title: Chief Executive Officer
Representing: Spokane County
42
ATTACHMENT"I"
ACKNOWLEDGEMENT OF ALLOWABLE AND UNALLOWABLE COSTS
ALLOWABLE COSTS
Allowable uses of federal grant funds include, but are not limited to, the following as they relate
to the coordination and implementation of activities performed under the goal(s), objectives, and
activities of the grant as described in Attachments "A" and "B" of the AGREEMENT, including:
• Operating costs, including:
o Approved costs of personnel (salaries and benefits, and/or overtime).
o Overtime
o Costs reflected in the project budget proposal(such as training fees, printing, supplies, or
contractual services).
• Procurement and installation of equipment (limitations may apply for high dollar items)
• Space and utilities, to the extent utilized for the approved project.
• Travel, per diem, and lodging at the federally approved rates.
• Printing and duplication of written and visual materials.
UNALLOWABLE COSTS
Unallowable uses of federal grant funds include:
• Body armor/protective vests • Losses arising from uncollected accounts
• Vehicles, vessels, and aircraft • Contributions to a contingency reserve
• Construction • Contributions or donations
• Land acquisition • Entertainment
• Automatic and military grade weapons • Fines and penalties
• Victim compensation (direct payment) • Interest and other financial costs
• Food, beverages or other refreshments for meetings, conferences or training (prohibition does
not include standard per diem when otherwise authorized)
• Consultant Fees(above a reasonable and consistent rate for similar services,and/or above$650
for an eight-hour day excluding travel and per diem)
The undersigned agrees to the above requirements.
Certificate Valid T (max 2 years) September 30, 2022
Signature: _ Date: /a—/CP—a(/
Printed Name: Gerry Gemmill Title: Chief Executive Officer
Agency: Spokane County
43
ATTACHMENT "J"
CERTIFICATION FORM
Compliance with the Equal Employment Opportunity Plan (EEOP)Requirements
Please read carefully the Instructions(see Max)and then complete Section A or Section B or Section C not all three.If recipient
completes Section A or C and sub-grants a single award over$500,000,in addition,please complete Section D.
Recipient's Name: Spokane County
Address: 1116 W. Broadway Avenue, Spokane WA 99260-2052
is agency a: ❑ Direct or® Sub recipient of OW, OVW or COPS funding? Law Enforcement Agency? ❑ Yes ® No
DUNS Number: 010205078 Vendor Number(only if direct recipient)
Name and Title of Contact Person: Timothy C Hansen
Telephone Number: (509)477-5750 E-Mail Address: tchansen@spokanecounty.org
Section A---Declaration Claiming Complete Exemption from the EEOP Requirement
Please check all the following boxes that apply.
o Less than fifty employees. o Indian Tribe o Medical institution.
o Nonprofit Organization o Educational institution o Receiving a single award(s)less than$25,000.
I, [responsible official], certify that
[recipient] is not required to prepare an EEOP for the reason(s)
checked above,pursuant to 28 C.F.R §42.302.i further certify that [recipient] will comply with
applicable federal civil rights laws that prohibit discrimination in employment and in the delivery of services.
If recipient sub-grants a single award over$500,000, in addition,please complete Section D
Print or Type Name and Title Signature Date
Section B—Declaration Claiming Exemption from the EEOP Submission Requirement and Certifying That an
EEOP Is on File for Review
If a recipient agency has fifty or more employees and is receiving a single award or,subaward,of$25,000 or more,but less than$500,000,then
the recipient agency does not have to submit an EEOP to the OCR for review as long as it certifies the following(42 C F R§42.305):
1,Timothy C.Hansen[responsible official], certify that Spokane County[recipient],which has fifty or more employees and is receiving
a single award of$25,000 or more, but less than $500,000,has formulated an EEOP in accordance with 28 CFR pt.42, subpt. E. I
further certify that within the last twenty-four months,the proper authority has formulated and signed into effect the EEOP and,as
required by applicable federal law, it is available for review by the public, employees, the appropriate state planning agency, and
the Office for Civil Rights,Office of Justice Programs, U.S. Department of Justice. The EEOP is on file at the following office:
Spokane County
[organization],
824 N. Adams St.,Spokane WA 99260-0123
[address].
Timothy C.Hansen
Print or Type Name and Title Signature Date
Section C—Declaration Stating that an EEOP Short Form Has Been Submitted to the Office for Civil Rights for
Review
If a recipient agency has fifty or more employees and is receiving a single award,or subaward of$500,000 or more,then the recipient agency
must send an EEOP Short Form to the OCR for review.
1, [responsible official], certify that
[recipient], which has fifty or more employees and is receiving a single award of$500,000 or more, has formulated an EEOP in
accordance with 28 CFR pt. 42, subpt. E, and sent it for review on [date] to the Office for Civil
Rights,Office of Justice Programs,U.S. Department of Justice.
If recipient sub grants a single award over$500,000,in addition,please complete Section D.
Print or Type Name and Title Signature Date
44
ATTACHMENT "K"
CCR REGISTRATION OF SUB-RECIPIENT DUNS NUMBERS
GRANTEE must comply with applicable requirements regarding the System for Award Management (SAM),
currently accessible at http://www.sam.gov. This includes applicable requirements regarding registration with
SAM, as well as maintaining the currency of information in SAM.
GRANTEE also must comply with applicable restrictions on subawards ("subgrants") to first-tier subrecipients
(first-tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to
GRANTEE)the unique entity identifier required for SAM registration.
The details of GRANTEE's obligations related to SAM and to unique entity identifiers are posted on the OW web
site at https://oip.gov-funding/Explore/SAM.htm (Award condition: System for Award Management (SAM) and
Universal Identifier Requirements), and are incorporated by reference here.
This condition does not apply to an award to an individual who received the award as a natural person (i.e.
unrelated to any business or non-profit organization that he or she may own or operate in his or her name).
Failure to maintain a valid DUNS registry in the CCR system prohibits disbursement of federal funds to that
agency, effective the date of the registrations lapse. Equally renewed registration clears this prohibition effective
the date of the renewed registration.
45