23-070.00 Spokane County & Spokane County Sheriff: ARPA Law Enforcement Overtime Patrols 2�-o1a
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10210 E Sprague Avenue•Spokane Valley WA 99206
Phone: (509)720-5000•Fax:(509)720-5075•www.spokancvalley.org
Email:eityhall@spokanevalley.org
February 3,2023
Scott Simmons,CEO Sheriff John Nowels
Spokane County Spokane County Sheriffs Office
1116 W.Broadway Ave. West Mallon Ave
Spokane, WA 99206 Spokane,WA 99206
Re: Memorandum of Understanding Regarding Spokane Valley(ARPA)Funding Award
Dear Sheriff Nowels and Scott Simmons:
'Phis correspondence will act as a Memorandum of Understanding("MOU")between the City of Spokane
Valley("City"),Spokane County("County"),and the Spokane County Sheriff's Office("Sheriff's Office")
jointly "Parties" with respect to an allocation of ARPA funding award for an Eligible Category (EC)
project(s).
BACKGROUND
On March l 1, 2021, the President signed the American Rescue Plan Act ("ARPA") into law. ARPA
provided for a wide variety of funding for a variety of purposes. Importantly for the City,ARPA established
the Coronavirus State and Local Fiscal Recovery Funds and allocated $350 billion to these accounts to
assist state and local governments in meeting pandemic response needs and rebuilding the economy. The
City of Spokane Valley will receive approximately$16 million from the Coronavirus Local Fiscal Recovery
Fund ("CLFR"). On September 27, 2022, City Council approved use of$100,000 to pay for additional
overtime emphasis patrols as part of the Regional Safe Streets Task Force in accordance with the
Community Violence Interventions(I.I I)Eligible Category(EC).The funding allocated to the County will
be used for eligible cost reimbursements identified in section 602(b)and 603(b)of the Social Security Act,
as added by section 9901 of ARPA.
PURPOSE
The purpose of this MOU is to reduce to writing the Parties'respective commitments for the project award
as related to the additional overtime patrols of designated deputies to respond to violent crime,and conduct
related investigations in an effort to reduce gun violence in the City.
Pursuant to the terms of this MOU,the Parties understand and agree as follows:
SHERIFF'S OFFICE AND COUNTY RESPONSIBILITIES:
(I) The Sheriff's Office will designate deputies to perform overtime work to respond to violent crime,
and conduct related investigations in an effort to reduce gun violence in the City of Spokane Valley.
(2) The County will submit monthly reimbursement requests to the City by detailing the expenditures
for which reimbursement is sought. Reimbursement requests for the previous month shall be
submitted by the fifteenth of each month. Payment for the expenditures will only occur if the request
is submitted with the appropriate supporting documentation,including but not limited to timesheets
and time/effort certifications.
(3) In conjunction with each reimbursement request, County shall certify that goods provided and/or
services performed under this agreement do not duplicate any services charged against any other
grant,subgrant,or other funding source including Spokane County Resolution No,22-0836 relating
to the Interlocal Agreement for Costs Incidental to Law Enforcement Services in the City of Spokane
Valley executed by the parties on December 20, 2022, All invoices and documents produced in
compliance with the reporting requirements of this agreement shall be segregated from any other
agreement.
(4) The Sheriff's Office agrees to provide quarterly data submissions to the City. Quarterly submissions
to the City will occur on a calendar quarter basis on the following dates: January 15,April 15,July
15,and October 15, Quarterly submissions will include all information required by Treasury pursuant
to ARPA. As such, the Sheriff will collect and provide to the City calculated or statistical data
including but not limited to the following as it relates to the overtime efforts to reduce gun violence
in the City:
a) Reductions of violence in the City;
b) Number of investigative efforts in the City performed as a result of the additional overtime;
c) Number of officers assigned to overtime patrols;
d) Increase in arrests related to violence in the City;and
e) Any other available information reasonably requested by the City as it relates to the overtime
efforts to reduce gun violence in the City, and any other information required by Treasury
Pursuant to ARPA.
(5) The County, and the Sheriff's Office specifically agrees to comply with all applicable state and
federal laws, rules, regulations, requirements, program guidance, including but not limited to the
terms and conditions of the ARPA Grant outlined in Attachment A, which shall be executed along
with this MOU,
(6) The County, and the Sheriff's Office holds the City of Spokane Valley harmless for any and all
damages that may result from the acceptance of these funds,
CITY'S RESPONSIBILITIES:
(1) Upon approval of required reporting elements and supporting documentation related to submitted
invoice(s), the City shall provide reimbursement for the overtime work performed up to$100,000,
Payments shall be made by the fifth of the month following the reimbursement request from the
County.
(2) Requests for reimbursement and quarterly data report submissions shall be uploaded by the City to
the City's ARPA portal or in such other manner as deemed appropriate by the City.
(3) All correspondence or communication including invoice requests and data submissions pursuant to
this award will be directed to Sarah Farr,Accountant/Budget Analyst at sfarlf anokancvalley.o t.
GENERAL MOU TERMS
Consistent with the provisions of chapter 39.34 RCW,the Parties agree and acknowledge as follows:
(1) Duration: The term of the MOU shall be deemed to commence as October 1,2022 and run until
August 31,2023,with an optional extension until December 31,2026. Extensions shall be agreed
upon in writing by the Parties, however all obligations of the parties based on this MOU shall not
extend beyond December 31,2026.
(2) No separate legal or administrative entity is created by this agreement.
(3) Purpose: See provisions above.
(4) Financing:See provisions above.
(5) Method Employed: See provisions above.
(6) Responsibilities of the Parties: See provisions above.
(7) No real or personal property shall be obtained as a result of this MOU,but in the event
any is,it shall be held and owned by the City of Spokane Valley.
The execution of this MOU shall act as its agreement with all the terms and conditions set forth herein.
Reviewed and Agreed to this 215try of wV 1a4U23.
City of Spokane Valley
Name: 7_�.rw6 A)
Signature:
Title:
Spokane Co nt S tariff
Name:. ''r�( 'ORf 1`►bU'�
$!mature:
Titic: JA I
Spokane County Chief Executive Officer,Scott Simmons(or authorized representative)
Signature:St
(if representative)Name: St Itt, m.-m,V _
Title: CLV
23 - 0128
No23 - 0128
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF SPOKANE COUNTY, WASHINGTON
IN THE MATTER OF APPROVING THE
MEMORANDUM OF UNDERSTANDING
BETWEEN THE SPOKANE COUNTY RESOLUTION
SHERIFF'S OFFICE AND THE CITY OF
SPOKANE VALLEY FOR AMERICAN
RESCUE PLAN FUNDED OVERTIME
PATROLS
WHEREAS, pursuant to the Constitution and laws of the State of Washington, Spokane
County,Washington is a class A county duly organized and existing; and,
WHEREAS,pursuant to the provisions of RCW 36.01.030,the powers of Spokane County
can only be exercised through the Board of County Commissioners of Spokane County,
Washington("Board"or"Board of County Commissioners"); and,
WHEREAS,pursuant to the provisions of RCW 36.32.120(6), the Board has the care of
County property and the management of County funds and business; and,
WHEREAS,the City of Spokane Valley received funding from the United States Treasury
under the American Rescue Plan(ARP)and such funding provides for assistance to state and local
governments for a variety of uses to meet the needs of localities including Eligible Category(EC)
1.11 Community Violence Interventions; and,
WHEREAS,the Spokane County Sheriff's office acts as the law enforcement authority of
the City of Spokane Valley pursuant to resolution 22-0836 approving an Interlocal Agreement
between the Spokane County Sheriffs Office and the City of Spokane Valley; and,
WHEREAS, the City of Spokane Valley has approved allocation of S100,000.00 in ARP
funds for purposes of funding overtime Sheriff patrols by the Spokane County Sheriffs Office in
the City of Spokane Valley to respond to violent crime and conduct related investigations in an
effort to reduce gun violence in the City of Spokane Valley; and,
WHEREAS,the City of Spokane Valley has submitted a Memorandum of Understanding
(MOU) to fund such overtime work which is attached hereto as Exhibit 1, consisting of six (6)
pages, and hereby incorporated by reference;and
WHEREAS, having reviewed the proposed MOU and finding that the proposal is with
merit and will likely result in reducing community violence in the City of Spokane Valley; and,
NOW, THEREFORE BE IT RESOLVED, by the Board of County Commissioners of
Spokane County,pursuant to the provisions of RCW 36.32.120(6), the MOU between the City of
Spokane Valley and the Spokane County Sheriffs Office is hereby approved and the Spokane
County Sheriff, as well as, the Spokane County Chief Executive officer or his designee or the
Chief Budget Officer,are hereby authorized to execute, at other than an open meeting,any and all
documents to implement the Memorandum of Understanding for overtime patrols in the City of
Spokane Valley. Feb
PASSED AND ADOPTED this e2 day of /1 2023.
BOARD OF COUNTY COMMISSIONERS
.40VOIN OF SPOKANE COUNTY, WASHINGTON
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ATTEST: ‘‘, /--
` JO. 11 KERNS,Vice-Chair
iinna Vasquez,Clerk of th BoarG 1 AL FRENCH,Commissioncr
AMBER WALDREF, Commissioner
CHRIS JORDAN, Cc�iissioncr
Attachment A
ARP/CSLFRF CFDA 21.027 FUNDING CONDITIONS
American Rescue Plan(ARP)
Coronavirus State and Local Fiscal Recovery Funds(CSLFRF)
Funding Authority:U.S.Department of Treasury
CFDA#21.027—Coronavirus State and Local Fiscal Recovery Funds
The Contractor specifically agrees to comply with all applicable state and federal laws,rules,regulations,
requirements,program guidance,including but not limited to the following:
All applicable federal,state,and local laws,regulations,executive orders,OMB Circulars,and/or policies
including,but not limited to;nondiscrimination laws and/or policies,Energy Policy and Conservation Act
(PL 94-163,as amended),the Americans with Disabilities Act(ADA),Age Discrimination Act of 1975,
Title VI of the Civil Rights Act of 1964,Civil Rights Act of 1968,the Robert T. Stafford Disaster Relief
and Emergency Assistance Act(PL 93-288,as amended),Ethics in Public Services(RCW 42.52),
Covenant Against Contingent Fees(48 CFR Section 52.203-5),Public Records Act(RCW 42.56),
Prevailing Wages on Public Works(RCW 39.12),State Environmental Policy Act(RCW 43.21C),
Shoreline Management Act of 1971 (RCW 90.58),State Building Code(RCW 19.27),Energy Related
Building Standards(RCW 19.27A),Provisions in Buildings for Aged and Handicapped Persons(RCW
70.92),and safety and health regulations.
Comply with all procurement requirements of 2 CFR Part 200.317-200.327.All sole source contracts
expected to exceed$50,000.00 must be submitted to the City of Spokane Valley for review and approval
prior to the award and execution of a contract.
Any contract awarded to the successful Contractor must contain and/or comply with the following
provisions in accordance with 2 CFR Part 200.317-200.327:
• Administrative,contractual,or legal remedies in instances where contractors violate or breach
contract terms,and provide for such sanctions and penalties as appropriate;
• Termination for cause and for convenience by the City of Spokane Valley or the Contractor including
the manner by which it will be affected and the basis for settlement;
• Compliance with Executive Order 11246,"Equal Employment Opportunity,"(30 FR 12319, 12935,3
CFR Part 1964-1965 Comp.,p.339),as amended by Executive Order 11375,as supplemented in
Department of Labor regulations(41 CFR Chapter 60);
• For Capital Expenditure that involve the employment of mechanics of laborers:Compliance with the
Contract Work Hours and Safety Standards Act(40 USC 3702 and 3.704)as supplemented by
Department of Labor Regulations(29 CFR Part 5);
• For all contracts in excess of$100,000.00 with respect to water,sewer,or broadband that involve the
employment of mechanics of laborers:Compliance with the Contract Work Hours and Safety
Standards Act(40 USC 3702 and 3704)as supplemented by Department of Labor Regulations(29
CFR Part 5);
• For construction or repair contracts:Compliance with the Copeland"Anti-Kickback"Act(40 U.S.C.
3145)as supplemented by Department of Labor regulations(29 CFR part 3);
• For construction contracts in excess of$2,000.00 when required by Federal grant program legislation:
Compliance with the Davis-Bacon Act(40 U.S.C.3141-3144 and 3146-3148)as supplemented by
Department of Labor regulations(29 CFR part 5);
• For construction contracts in excess of$100,000.00 that involve the employment of mechanics and
laborers:Compliance with the Contract Work Hours and Safety Standard Act(40 U.S.C.3701-3708)
as supplemented by Department of Labor regulations(29 CFR Part 5);
Contractor must comply with Executive Orders 12549 and 12689 and 2 C.F.R.Part 180,which restrict
awards,subawards,and contracts with certain parties that are debarred,suspended,or otherwise excluded
from or ineligible for participation in federal assistance programs or activities.Contractor must certify
that it is not presently debarred,suspended or proposed for debarment,declared ineligible,or voluntarily
excluded from participating in this Agreement by any federal department or agency.
Contractor must comply with the requirements of 31 U.S.C.§3729-3733 which prohibits the submission
of false or fraudulent claims for payment to the Federal Government.See also 31 U.S.C.§ 3801-3812
which details the administrative remedies for false claims and statements made.
Contractor must maintain a Conflict-of-Interest Policy consistent with 2 CFR 200.318(c)that is
applicable to all activities funded with the award.All potential conflicts of interest related to this award
must be reported to the City of Spokane Valley and/or U.S.Treasury.
Contractor is required to be non-delinquent in their repayment of any Federal debt.Examples of relevant
debt include delinquent payroll and other taxes,audit disallowances,and benefit overpayments.See OMB
Circular A-129.
Contractor's costs must be compliant with 2 CFR Part 200 Subpart E Cost Principles.
Contractor must comply with 31 U.S.C.§ 1352,which provides that none of the funds provided under an
award may be expended by the recipient to pay any person to influence,or attempt to influence an officer
or employee of any agency,Member of Congress,an officer,or employee of Congress,or an employee of
a Member of Congress in connection with any Federal action concerning an award,making of any federal
grant, federal loan,continuation,renewal,amendment or modification of any federal contract,grant loan,
or cooperative agreement,and that if any funds other than federal appropriated funds have been paid or
will be paid to any person for influencing or attempting to influence an officer or employee of any
agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of
Congress in connection with this award,the Contractor will complete and submit Standard Form-LLL,
"Disclosure Form to Report Lobbying,"in accordance with its instructions.
In the event of the Contractor's noncompliance or refusal to comply with any applicable law,regulation,
executive order,OMB Circular or policy,the City of Spokane Valley may rescind,cancel,or terminate
the contract in whole or in part in its sole discretion,The Contractor is responsible for all costs or liability
arising from its failure to comply with applicable laws,regulations,executive orders,OMB Circulars,or
policies.
[Signatures on following page]
CERTIFICATION
Spokane County:
Signs re,Administrator,or Applicant Agency Date
bOrtt Sl vv r 4,614.3 (. 4D
Print name and title
Spokane Sheriff:
Signature,A ituat or,or Applicant Agency Date
.315 p t t S j <-t-( r f.
—
Print name and title