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HomeMy WebLinkAbout03/01/2016 05D National Criminal History Improvement Program Funding Agreement with the Washington State Patrol A mool 4 10 B pi nc lye BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDASTATEMENT Item No. 5.D. For Meeting of: March 1, 2016 ITEM TITLE: Resolution authorizing an Interlocal Agreement for National Criminal History Improvement Program for grant funding from the Washington State Patrol SUBMITTED BY: Jeannett Mora, Police Services Manager Dominic Rizzi, Chief of Police SUMMARY EXPLANATION: The Police Services division of the Yakima Police Department has seen a marked increase in the number of requests for fingerprints over the past three years. I n order to improve the efficiency and accuracy of the fingerprint process, the Department wishes to upgrade from traditional ink fingerprints to a digital Livescan fingerprint system. The Washington State Patrol has offered grant funding in the amount of $21,584 to cover the cost of the Livescan system. ITEM BUDGETED: Yes STRATEGIC PRIORITY: Public Safety APPROVED FOR SUBMITTAL. Interim City Manager STAFF RECOMMENDATION: Staff recommends the acceptance of this grant award. BOARD /COMMITTEE RECOMMENDATION: ATTACHMENTS: Description Upload Date Type R ns nllu li nirn WSIP c. it irn. 2/22/2016 R s lllu li a'irn d WSIP Il...lNnscarn grad, dorumed, 2/22/2016 :? /; 01 CAnirtracl, RESOLUTION NO. R -2016- A RESOLUTION authorizing the City Manager of the City of Yakima to execute an Interlocal Agreement for National Criminal History Improvement Program funding between the Yakima Police Department and the Washington State Patrol WHEREAS, the Yakima Police Department desires to obtain a Livescan fingerprint system in order to streamline, expedite and improve accuracy in fingerprint collection; and WHEREAS, the Washington State Patrol has offered a grant in the amount of $21,584 to obtain the Livescan fingerprint system; and WHEREAS, the matching funds for this project were budgeted in the 2016 budget, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is hereby authorized and directed to sign the attached and incorporated Interlocal Agreement for National Criminal History Improvement Program funding between the Yakima Police Department and the Washington State Patrol. ADOPTED BY THE CITY COUNCIL this 1S day of March, 2016 ATTEST: Avina Gutierrez, Mayor Sonya Claar Tee, City Clerk WSP Contract No. WASHINGTON STATE PATROL K11509 INTERAGENCY AGREEMENT National Criminal History Improvement Program Other Contract No. (NCHIP) Grant Fiscal Year 2015 This Agreement is between the State of Washington, Washington State Patrol and the Public Agency identified below, and is issued pursuant to the Interlocal Cooperation Act, chapter 39.34 RCW. PUBLIC AGENCY NAME Statewide Vendor Registration Number Yakima Police Department SWV0007122 - Public Agency Location Address Public Agency Mailing Address (if different from location address) 200 S. 3rd Street, Yakima, WA 98901 Public Agency Contact Name Public Agency Data Universal Numbering System (DUNS) Jeannett Mora, Police Services Manager unique identifier 07- 821 -2651 Public Agency Contact Telephone Public Agency Contact E -mail Address (509) 575 -6201 ieannettmora vakimawagov WSP Contact Information WSP Project Manager Name and Title WSP Project Manager Address Ms. Deborah Collinsworth WSP Criminal Records Division 3000 Pacific Avenue, SE Ste 204 Olympia, WA 98504 -2633 Telephone Fax E -mail Address (360) 534 -2102 (360) 534 -2070 Deborah.Collinsworth aCwsp.wa.gov WSP Administrative Contact Name and Title WSP Administrative Contact Address Mr. Simon Tee WSP Budget and Fiscal Services Grants and Contracts Manager PO Box 42602, Olympia WA 98504 -2602 Telephone Fax E -mail Address (360) 596 -4052 (360) 596 -4078 Simon.Teews0.wa.gov Federal Assistance Information Is the Public Agency a subrecipient of federal assistance for the purposes of CFDA Number(s) this agreement? Z Yes ❑ No 16.554 Federal Grant Award Name Federal Grant Award Number National Criminal History Improvement Program (NCHIP) Grant 2015 RU BX - K014 Is this agreement funded by a federal award for research and development? Federal Award Year ❑ Yes ®No 2015 Agreement Start Date Agreement End Date Maximum Agreement Amount October 1, 2015 September 30, 2016 $ 21,584 (Includes 10% Match) This Agreement, including the attached Terms and Conditions and any other documents incorporated by reference, contains all of the terms and conditions agreed upon by the parties. No other understandings or representations, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind the parties. The parties signing below warrant that they have read and understand this Agreement and have the authority to enter into this Agreement. FOR THE WASHINGTON STATE PATROL: FOR THE PUBLIC AGENCY: WSP Signature Date Public Agency Signature Date Printed Name and Title Printed Name and Title John R. Batiste, Chief APPROVED AS TO FORM BY THE OFFICE OF THE ATTORNEY GENERAL 12/9/10 WSP Interagency Agreement — NCHIP Subrecipient Page 1 of 9 11/20/15 WSP INTERAGENCY AGREEMENT (Continued) Definitions. "Agreement" means this Interagency Agreement, including all documents attached or incorporated by reference. "Equipment" means an article of nonexpendable, tangible personal property having a useful life of more than one year and an acquisition cost which equals the lesser of (a) the capitalization level established by the governmental unit for financial statement purposes, or (b) $5,000. "NIJ" means the National Institute of Justice of the U.S. Department of Justice, the grantor of National Criminal History Improvement Program (NCHIP) Grant funds. "Public Agency" means the entity performing services to this Agreement and includes the Public Agency's officers, directors, trustees, employees and /or agents unless otherwise stated in this Agreement. For the purposes of this agreement, the Public Agency shall not be considered an employee or agent of WSP. "WSP" means the State of Washington, Washington State Patrol, and its officers, directors, trustees, employees and /or agents. 2. Statement of Work. The Public Agency shall perform the services as set forth in Exhibit A, Statement of Work, which is attached hereto and incorporated herein. 3. Special Terms and Conditions. In addition to the terms contained in this Agreement, the Public Agency shall comply with the terms and conditions contained in Exhibit B, Special Terms and Conditions, which is attached hereto and incorporated herein. 4. Payment. WSP shall pay the Public Agency an amount not to exceed the Maximum Agreement Amount specified on Page 1 of this Agreement, minus any matching requirements held by the Public Agency as specified in this Agreement. 5. Billing Procedure. WSP shall reimburse the Public Agency according to Exhibit A, Statement of Work, for work performed to the satisfaction of the WSP Project Manager. Compensation for services rendered shall be payable upon receipt of properly completed invoices, which shall be submitted not more often than monthly to the WSP Project Manager. The invoices shall describe and document to WSP's satisfaction a description of the work performed, activities accomplished, the progress of the project, and fees and expenses. Each invoice must show match amount as well as amount requested for reimbursement. All invoices submitted for payment by the Public Agency shall reference WSP's agreement number. The Public Agency shall submit the final invoice not later than forty -five (45) calendar days from the Agreement End Date. 6. Agreement Alterations and Amendments. WSP and the Public Agency may mutually amend this Agreement. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind WSP and the Public Agency. 7. Assignment. The work to be provided under this Agreement, and any claim arising thereunder, is not assignable or delegable by either party in whole or in part, without the express written consent of the other party. 8. Certification regarding Debarment, Suspension or Ineligibility. If federal funds are the basis for this Agreement, the Public Agency certifies that neither the Public Agency nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Agreement by any federal department or agency. If requested by WSP, the Public Agency shall complete and sign a Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion form. Any such form completed by the Public Agency for this Agreement shall be incorporated into this Agreement by reference. Further, the WSP Interagency Agreement — NCHIP Subrecipient Page 2 of 9 11/20/15 WSP INTERAGENCY AGREEMENT (Continued) Public Agency agrees not to enter into any arrangements or contracts related to this Agreement with any party that is on the "General Service Administration List of Parties Excluded from Federal Procurement or Non - procurement Programs" which can be found at www.sam.gov. 9. Compliance with Civil Rights Laws. During the period of performance for this Agreement, both parties shall comply with all federal and state nondiscrimination laws. 10. Disputes. In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the following manner: The Chief of WSP shall appoint a member to the Dispute Board. The Public Agency shall appoint a member to the Dispute Board. The Chief of WSP and the Public Agency shall jointly appoint a member to the Dispute Board. The Dispute Board shall evaluate the dispute and make a determination of the dispute. The determination of the Dispute Board shall be final and binding to all parties to this Agreement. 11. Federal Funding Accountability and Transparency Act. In order to comply with the Federal Funding Accountability and Transparency Act, the Public Agency shall provide to WSP the following information: a. The Public Agency's Data Universal Numbering System (DUNS) unique identifier; b. The names and total compensation of the five most highly compensated officers of the Public Agency if the Public Agency in the preceding fiscal year received (i) 80 percent or more of its annual gross revenues in Federal awards; and (ii) $25,000,000 or more in annual gross revenues from Federal awards; and (iii) the public does not have access to information about the compensation of the senior executives of the entity through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986; and c. Other relevant information specified by the U.S. Office of Management and Budget in subsequent guidance or regulation. 12. Indemnification. The Public Agency shall be responsible for and shall indemnify and hold WSP harmless for all claims resulting from the acts or omissions of the Public Agency and its subcontractors. WSP shall be responsible for and shall indemnify and hold the Public Agency harmless for all claims resulting from the acts or omissions of WSP and its subcontractors. 13. Independent Capacity. The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. 14. Inspection; Maintenance of Records. During the term of this Agreement and for one year following termination or expiration of this Agreement, the Public Agency shall give reasonable access to the Public Agency's place of business and records to WSP and any other employee or agent of the State of Washington or the United States of America for the purpose of inspecting the Public Agency's place of business and its records, and monitoring, auditing and evaluating the Public Agency's performance and compliance with applicable laws, regulations, rules and this Agreement. During the term of this Agreement and for six years following termination or expiration of this Agreement, the Public Agency shall maintain records sufficient to document (i) performance of all acts required by statute, regulation, rule, or this Agreement; (ii) substantiate the Public Agency's statement of its organization's structure, tax status, capabilities and performance; and (iii) demonstrate accounting procedures, practices and records which sufficiently and properly document the Public Agency's invoices to WSP and all expenditures made by the Public Agency to perform as required by this Agreement. WSP Interagency Agreement — NCHIP Subrecipient Page 3 of 9 11/20/15 WSP INTERAGENCY AGREEMENT (Continued) 15. Order of Precedence. In the event of any inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule the inconsistency shall be resolved by giving precedence in the following order to: Applicable federal and state law, regulations and rules; This Agreement; Exhibit A, Statement of Work; Exhibit B, Special Terms and Conditions Any other provision of this Agreement; and Any document incorporated by reference. 16. Personnel. WSP officers performing work under the terms of this Agreement shall be under the direct command and control of the Chief of WSP or designee, and shall perform duties required under this Agreement in a manner consistent with WSP policy and regulations, and applicable federal, state and local laws. The assignment of WSP personnel under this Agreement shall be at the discretion of the Chief of WSP or designee. 17. Savings. In the event that funds WSP relied upon to establish this Agreement are withdrawn, reduced or limited, or if additional or modified conditions are placed on such funding, WSP may immediately terminate this Agreement by providing written notice to the Public Agency. This termination shall be effective on the date specified in the notice of termination. 18. Severability. If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this Agreement, and to this end the provisions of this Agreement are declared to be severable. 19. Single Audit Act Compliance. If the Public Agency is a subrecipient and expends $750,000 or more in federal awards from any and /or all sources in any fiscal year, the Public Agency shall procure and pay for a single audit or a program- specific audit for that fiscal year. Upon completion of each audit, the Public Agency shall: (1) Submit to the WSP contact person the data collection form and reporting package specified in 2 CFR Part 200, Subpart F, reports required by the program- specific audit guide (if applicable), and a copy of any management letters issued by the auditor; (2) Follow -up and develop corrective action for all audit findings; in accordance with 2 CFR Part 200, Subpart F; prepare a "Summary Schedule of Prior Audit Findings" reporting the status of all audit findings included in the prior audit's schedule of findings and questioned costs.. 20. Statewide Payee Registration. The Public Agency is required to be registered as a Statewide Payee prior to submitting a request for payment under this Agreement. The Washington State Department of Enterprise Services (DES) maintains the Statewide Payee Registration System; to obtain registration materials go to: http: / /www.des.wa.gov/ services/ ContractingPurchasinq /Business/VendorPay /Pages /default.aspx. 21. Subcontracting. Except as otherwise provided in this Agreement, the Public Agency may subcontract for any of the services provided under this Agreement with the prior, written approval of WSP. The Public Agency shall be responsible for the acts and omissions of any subcontractor. 22. Termination. Except as otherwise provided in this Agreement, either party may terminate this Agreement upon thirty (30) calendar days written notification. If this Agreement is so terminated, the terminating party shall be liable only for performance in accordance with the terms of this Agreement for performance rendered prior to the effective date of termination WSP Interagency Agreement — NCHIP Subrecipient Page 4 of 9 11/20/15 WSP INTERAGENCY AGREEMENT (Continued) 23. Waiver. A failure by either party to exercise its rights under this Agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement unless stated to be such in writing and signed by an authorized representative of the party and attached to the original Agreement. WSP Interagency Agreement — NCHIP Subrecipient Page 5 of 9 11/20/15 Exhibit A STATEMENT OF WORK 1. Introduction. The purpose of this Agreement is to provide National Criminal History Improvement Program (NCHIP) grant funds for Fiscal Year 2015 to the Public Agency in order to increase the number of fingerprint submissions sent to and received by the state repository. 2. Scope of Work. The Public Agency shall purchase and install one Livescan device along with associated equipment and other costs as described in the Project Budget section. The new equipment and associated software will increase the number of fingerprints submitted to the state repository. 3. Project Budget. WSP shall reimburse the Public Agency according to the following budget: CATEGORY ITEM COST Equipment Bundled Assembly, 500P with LSMS on laptop $ 14,999.00 Other Software, LSMS configuration, Washington DPS $ - software, submission, Washington, seat license $ 500.00 CMT Advantage Maintenance, yr 1, standard CMT SW, LSMS $ 300.00 CMT Advantage Maintenance, yr 1, standard CMT SW, LSMS submission so $ 100.00 implementation, first day onsite $ 2,500.00 freight $ 50.00 CMT Advantage maintenance, year 1, hardware, all system peripherals integr $ 300.00 CMT Advantage maintenance, year 1, hardware, 500P, device only domestic $ 1,199.00 $ 19, 948.00 tax $ 1,636.00 Total Cost Total Cost $ 21, 584.00 Federal, $ 19,425.00 10 Percent Match $ 2,159.00 Expenditures may only occur within the categories listed above. However, changes of up to 10% can be made without prior approval from WSP. Changes that exceed 10% will require the Public Agency to submit a budget change request to WSP for approval. 4. Equipment Management. a. Title to Equipment. Upon successful completion of the terms of this Agreement, all equipment purchased by the Public Agency with Agreement funds will be owned by the Public Agency, or a recognized subrecipient for which a contract, subgrant agreement, or other means of legal transfer or ownership is in place. b. Use of Equipment. The Public Agency, or a recognized subrecipient, shall be responsible for any and all operation, maintenance, replacement, and for the safe operation of the equipment, including all questions of liability. c. Equipment Records. The Public Agency shall maintain Equipment records that include: a description of the Equipment; the manufacturer's serial number, model number, or other identification number; the source of the Equipment, including the Catalog of Federal Domestic Assistance (CFDA) number; who holds title; the acquisition date; the cost of the Equipment and the percentage of federal participation in the cost; the location, use and condition of the Equipment at the date the information was reported; and disposition data including the date of WSP Interagency Agreement — NCHIP Subrecipient Page 6 of 9 11/20/15 disposal and sale price of the Equipment. Equipment records shall be retained by the Public Agency for a period of six (6) years from the date of the disposition, replacement or transfer. If any litigation, claim, or audit is started before the expiration of the six year period, the records shall be retained by the Public Agency until all litigations, claims, or audit findings involving the records have been resolved. d. Inventories. The Public Agency shall take a physical inventory of the Equipment and reconcile the results with the property records at least once every two years. Any differences between quantities determined by the physical inspection and those shown in the records shall be investigated by the Public Agency to determine the cause of the difference. The Public Agency shall, in connection with the inventory, verify the existence, current utilization, and continued need for the Equipment. The Public Agency shall develop a control system to ensure adequate safeguards to prevent loss, damage, and theft of the property. Any loss, damage or theft shall be investigated and a report generated. The Public Agency will develop adequate maintenance procedures to keep the property in good condition. e. Disposition of Equipment. If the Public Agency is authorized or required to sell the property, proper sales procedures must be established to ensure the highest possible return. When original or replacement equipment is no longer needed for the original project or program or for other activities currently or previously supported by a federal agency, disposition of the equipment will be made as follows: • Items of equipment with a current per -unit fair market value of less than $5,000 may be retained, sold or otherwise disposed of by the Public Agency with no further obligation to the awarding agency. • Items of equipment with a current per -unit fair market value of more than $5,000 may be retained or sold and the Public Agency shall compensate the U.S. Department of Justice for its share. 5. Progress Reports. a. Semi - Annual Reports. The Public Agency shall submit to the WSP Project Manager semi- annual progress reports within 20 calendar days after the end of the reporting periods, which are June 30 and December 31, for the life of this Agreement. b. Final Report. The Public Agency shall submit a final report to the WSP Project Manager at the end of this Agreement documenting all relevant project activities during the entire period of support under this Agreement. This report will include a summary and assessment of the program carried out with this Agreement. The final report is due no later than 30 days following the close of the Agreement. WSP Interagency Agreement — NCHIP Subrecipient Page 7 of 9 11/20/15 Exhibit B SPECIAL TERMS AND CONDITIONS 1. Financial Guide. The Public Agency agrees to comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs (OJP) Financial Guide. 2. Equal Employment Opportunity Plan. The Public Agency acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if Public Agency is required to submit one pursuant to 28 C.F.R. Section 42.302) that is approved by the Office for Civil Rights, U.S. Department of Justice, may result in suspension or termination of funding, until such time as the Public Agency is in compliance. 3. Lobbying. The Public Agency understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government. 4. Federal False Claims Act. The Public Agency must promptly notify WSP of any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other person has either 1) submitted a false claim for Agreement funds under the False Claims Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving Agreement funds. 5. Performance Measures. The Public Agency agrees to provide performance related data, as outlined in the program announcement to be used to measure the results of the project. 6. Withholding Funds. The Public Agency understands and agrees that funds may be withheld (including funds under future awards), or other related requirements may be imposed, if the required information is not submitted on a timely basis. 7. Consultant Rates. Approval of this Agreement does not indicate approval of any consultant rate in excess of $650 per day. A detailed justification must be submitted to and approved by WSP prior to obligation or expenditure of such funds. 8. Environmental Laws and Regulations. The Public Agency agrees to comply with all federal, state, and local environmental laws and regulations applicable to the development and implementation of the activities to be funded under this Agreement. 9. Text Messaging While Driving. Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), NIJ encourages recipients and sub recipients of Agreement funds to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this Agreement, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 10. SUBRECIPIENTS. A. General. If the Public Agency is a subrecipient of federal awards as defined by 2 CFR Part 200 and this Agreement, the Public Agency shall: (1) Maintain records that identify, in its accounts, all federal awards received and expended and the federal programs under which they were received, by Catalog of Federal. Domestic Assistance (CFDA) title and number, award number and year, name of the federal agency, and name of the pass- through entity; WSP Interagency Agreement — NCHIP Subrecipient Page 8 of 9 11/20/15 (2) Maintain internal controls that provide reasonable assurance that the Public Agency is managing federal awards in compliance with laws, regulations, and provisions of contracts or grant agreements that could have a material effect on each of its federal programs; (3) Prepare appropriate financial statements, including a schedule of expenditures of federal awards; (4) Incorporate 2 CFR Part 200, Subpart F audit requirements into all agreements between the Public Agency and its Subcontractors who are subrecipients; (5) Comply with the applicable requirements of 2 CFR Part 200, including any future amendments to 2 CFR Part 200, and any successor or replacement Office of Management and Budget (OMB) Circular or regulation; and (6) Comply with the Omnibus Crime Control and Safe streets Act of 1968, Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act of 1990, Title IX of the Education Amendments of 1972, The Age DiscriminationAct of 1975, and The Department of Justice Non - Discrimination Regulations, 28 C.F.R. Part 42, Subparts C.D.E. and G, and 28 C.F.R. Part 35 and 39. (Go to www.ojp.usdoj.gov /ocr/ for additional information and access to the aforementioned Federal laws and regulations.) B. Overpayments. If it is determined by WSP, or during the course of a required audit, that the Public Agency has been paid unallowable costs under this or any Program Agreement, WSP may require the Public Agency to reimburse WSP in accordance with 2 CFR Part 200. WSP Interagency Agreement — NCHIP Subrecipient Page 9 of 9 11/20/15