HomeMy WebLinkAboutPacket Sep 10 2013WHATCOM COUNTY COUNCIL AGENDA. BILL NO.
2013-293
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
8126113
Finance & Admin
Originator:
9110113
Svcs Committee and
Wendy Wefer-Clinton
C,:�.c�
f C� �VED
Council Agenda
Division Head.-
8126113
Karen S. Goens
S E P 0 2013
Dept. Head.-
��HATCOM COUNTY
l
v�/zo 13
Prosecutor:
_
COUNCIL
Purchasing/Budget.-
Executive:
9
TITLE OF D NT.
Professional & Technical Employees (PTE 17) Memorandum of Agreement
ATTACHMENTS:
Memorandum of Agreement
SEPA review required? ( ) Yes ( X ) NO
Should Clerk schedule a hearing? ( ) Yes (X ) NO
SEPA review completed? ( ) Yes ( X ) NO
Requested Date:
SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public
hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be
clear in explaining the intent of the action.)
Request approval of Memorandum of Agreement in keeping with both the language and the spirit of the PIE
17 Settlement Agreement which extended their collective bargaining agreement through December 31, 2014.
COMMITTEE ACTION.
COUNCIL ACTION:
Related County Contract #:
Related File Numbers:
Ordinance or Resolution Number:
200805008 & 200805008-1
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on
the County's website at: www.co.whatcom.wa.us/council.
WHATCOM COUNTY CONTRACT
INFORMATION SHEET
Whatcom County
Contract No.
C2 00 O08Y
Originating Department:
AS - Human Resources
Contract or Grant Administrator:
Wendy Wefer-Clinton
Contractor's / Agency Name:
Professional & Technical Employees (PTE 17)
Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes ® No ❑
Yes❑ No ® If Amendment or Renewal, Original Contract # 200805008 & 200805008-1
Does contract require Council Approval? Yes ® No ❑
Is this a grant agreement?
Yes❑ No ® If yes, grantor agency contract number(s) CFDA #
Is this contract grant funded?
Yes ❑ No ® If yes, associated Whatcom County grant contract number(s)
Is this contract the result of a RFP or Bid process? Contract
Yes ❑ No ® If yes, RFP and Bid number(s) Cost Center:
Is this agreement excluded from E-Verify? No ❑ Yes ® If no, include Attachment D Contractor Declaration form.
If yes, indicate exclusion(s) below:
® Professional services agreement for certified/licensed professional ❑ Contract work is for less than 120 days
❑ Contract less than $100,000. ❑Contract for Commercial off the shelf items (COTS)
❑Contract work is all performed outside U.S. ❑Work related subcontract less than $25,000.
❑ Interlocal Agreement (between Govt's) ❑Public Works - Local Agency/Federally Funded FHWA
Contract Amount:(sum of original contract amount and
Contracts that require Council Approval (incl. agenda bill & memo)
any prior amendments)
• Professional Services Agreement above $20,000.
$
0 Bid is more than $40,000.
This Amendment Amount:
. Amendments that have either an increase greater than 10% or
$
provide a $10,000 increase in amount (whichever is greater)
Total Amended Amount:
$
RENEWALS: Council approval is not required when exercising an
option to renew that is provided in the original contract.
Summary of Scope: Collective Bargaining Agreement related Memorandum of Agreement
Term of Contract:4/11/13 1
Expiration Date: 12/31/14
Contract Routing Steps & Si ng off: [sign or initial][indicate date transmitted.]
1. Prepared by:WWC � Date 8/7/13 _ [electronic]
2. Attorney reviewed D ` Date tads/2,0/13 [electronic]
3. AS Finance reviewed: Date [electronic]
4. IT reviewed if IT related Date [electronic]
5. Corrections made Date [electronic] hard copy printed
6. Attorney signoff: °�� '-'' Date a'/�LO'A-A
7. Contractor signed Date
8. Submitted to Exec Office
9. Council approved (if necessary)
10. Executive signed
11. Contractor Original Returned to dept
12. County Original to Council
Date 917411 4summary via electronic; hardcopies]
Date
Date
Date
Date
Last Edited 7/24/13
2
I-'OUNTY ORIGINAL
kd
WHAT
MEMORANDUM OF AGREEMENT C
BETWEEN CONTRACT NO.
WHATCOM COUNTY, WA .20o a �; o®�
AND
PROFESSIONAL & TECHNICAL EMPLOYEES 17 (PTE 17)
This'Memorandum of Agreement is by and between Whatcom County (hereafter called the County) and
Professional & Technical Employees 17, (hereafter called the Union) regarding the Professional & Technical
Employees 17 (PTE 17) Settlement Agreement approved by the County Council May 7, 2013.
This Memorandum of Agreement keeps in line with both the language and the spirit of section #4 of the
Settlement Agreement under Medical Plan Alternatives, given the recent settlement with Washington State
Nurses Association. As such, the following modified language will apply to the referenced section of the
Collective Bargaining Agreement or items within the Settlement Agreement with all other remaining language
in the Collective Bargaining Agreement and Settlement Agreement remaining unchanged:
1. County Contribution (Section 23.2a) of the CBA). Effective for medical Plan Year 2014, the County
shall make contributions to fund a medical Plan for each eligible employee up to $1,089.50 per
month. Employees will elect their plan choice during an open enrollment period.
2. 2014 Contributory Cap Plan (Item 1.1.a of the Settlement Agreement). Should the County's
Benefit Consultant's Renewal Projection for 2014 be more than $1,189.94 ($1,089.50 County
contribution plus the $100.44 employee contribution), modifications to the plan will be made per
section 23.2b — Medical Schedule of Benefits so that the County's contribution is up to $1,089.50
with the employee contribution remaining at or below $100.44.
Health Savings Account in Conjunction with Cap Plan (QHDHP) (Section 1.3 of the Settlement
Agreement). For employees who signed up for the Cap Medical Plan (QHDHP) in 2013, if the
projected monthly contribution cost for 2014 is less than the County's contribution of up to
$1,089.50, the County will contribute the difference monthly to qualified employees' HSA
accounts.
4. Health Savings Account in Conjunction with Cap Plan (QHDHP) (Item 1.3.a of the Settlement
Agreement). For employees who did not elect to enroll in the 2013 Cap Medical Plan (QHDHP),
but who enroll in the 2014 Cap Medical Plan (QHDHP), the County will contribute one-time seed
money in 2014 to a voluntary County HSA. This one-time seed money is inclusive of any remaining
difference between the County's monthly contribution commitment of up to $1,089.50 and the
monthly Benefit's Consultant's projected contribution cost of the Cap Medical Plan (QHDHP) for
2014.
5. Effective Date. This Memorandum of Agreement is effective upon the, date it is approved by the
County Council.
NAME
Sl N TURE
DATE
Professional & Technical
Employees 17 (PTE 17)
Jack Louws
County Executive
Approved as to Form:
Date Council Approved:
Daniel L. Gibson, Chief Civil Deputy Prosecuting Attorney
61 Date
3
WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2013-294
CLEARANCES
Initial
Date
Date Received in Council Of ice
Agenda Date
Assigned to:
Originator:
DLG
8127113
G�11 Vu f�� CD� iC�-, n
I
� IL
p � w 13
4 EP a COUNTY
�J HAT Q C O U TY
COUNCIL
9/10/13
Finance/Council
Division Head:
Dept. Head:
Prosecutor:
DLG
08127113
Purchasing/Budge!:
A A
Executive:
-03
TITLE OFDOCU "Whatcom Chief' Ferry Insurance renewal proposal for policy period 09130113 —
09//30/14.
ATTACHMENTS: 2013 Marketing Results (I page); Historical Premium breakdown (I page); Claims history
(I page); and 2013114 Proposed Coverage Summary.
SEPA review required? ( ) Yes (X ) NO
SEPA review completed? ( ) Yes ( X) NO
Should Clerk schedule a hearing? ( ) Yes ( X ) NO
Requested Date:
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public
hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be
clear in explaining the intent of the action.)
COMMITTEE ACTION.
COUNCIL ACTION.
Related County Contract #:
Related File Numbers:
Ordinance or Resolution Number:
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on
the County's website at. www.co.whatcom.wa.us/council.
M
WHATCOM COUNTY FERRY
2013 MARKETING RESULTS
MARINE POLICY (Hull & Machinery/Protection & Indemnity)
US Fire Insurance (Current Carrier)
Liberty Marine Underwriters
Allianz/AGCS
Chartis
Navigators
POLLUTION POLICY
Great American Insurance Company of New York (Current Carrier)
EXCESS PROTECTION & INDEMNITY POLICY
Atlantic Specialty (Current Carrier) - With Excess Pollution
Prepared by The Unity Group
August 26, 2013
$30, 051
Declined
Declined
Declined
Declined
$966
$5,455
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WHATCOM COUNTY FERRY
PREMIUM / CLAIMS HISTORY
POLICY TERM
2012 - 2013
2011 - 2012
2010 - 2011
2009 - 2010
2008 - 2009
5 Year Sub -total
2007 - 2008
2006 - 2007
2005 - 2006
2004 - 2005
2003 - 2004
10 Year Totals
5 Year Loss Ratio:
0.1341
10 Year Loss Ratio: 0.94316
* 2 open crew claims pending
H&M / P&I
PREMIUMS
$26,715.00
$28,715.00
$45,960.00
$ 54, 900.00
$27,895.00
$184,185.00
$26,120.00
$27,351.00
$27,351.00
$25,625.00
$25,960.00
$316,592.00
Created by The Unity Group
August 26, 2013
CLAIMS
$0.00
$0.00
$0.00
$0.00
$24,700.00
$24,700.00
$95,026.00
$0.00
$86,233.00
$59,092.00
$33,546.00
$298,597.00
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WHATCOM COUNTY COUNCIL AGENDA BILL NO.
2013-295
CLEARANCES
Initial
Date
Date Received in Council O ice
Agenda Date
Assi ned to:
Originator:
DM P
08121113
FF [ l�.�-
SEP 0 3 20t3
9/10/1,
Division Head:
�V
�
9 / 10/ 13
Council
Of NJ
Dept. Head.
H ATC O COUNTY
g 13
Prosecutor:
COUNCIL
03
Purchasing/Budget:
Executive:
TITLE OF DOC ME
Interlocal Agreement with City of Bellingham for 2013 Byrne Justice Assistance Grant (JAG) Funds
A TTACHMENTS:
Interlocal Agreement with City of Bellingham
SEPA review required? ( ) Yes ( X) NO
Should Clerk schedule a hearing? ( ) Yes ( ) NO
SEPA review completed? ( ) Yes ( ) NO
Requested Date:
SUMMAR Y STA TEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public
hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be
clear in explaining the intent of the action.)
City of Bellingham will provide $12,878 of 2013 Edward Byrne Memorial Justice Assistance Grant (JAG)
Funds to Whatcom County Sheriff's Office to purchase training equipment and supplies in support of
regionalized Active Shooter Response Training.
COMMITTEE ACTION.
COUNCIL ACTION.•
Related County Contract #:
Related File Numbers:
Ordinance or Resolution Number:
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on
the County's website at: www.co.whatcom.wa.us/council. J
.SHERIFFS O CE
BILL ELFO
SHERIFF
PUBLIC SAFETY BUILDING
311 Grand Avenue
Bellingham, WA 98225-4078
(360) 676-6650
To: Jack Louws, County
From: Bill Elfo, Sheriff
Date: August 8, 2013
Executiv
JEFF PARKS
UNDERSHERIFF
ART EDGE
CHIEF DEPUTY
DOUG CHADWICK
CHIEF DEPUTY
STEVE COOLEY
CHIEF INSPECTOR
RECENLED WMMY JOKES
CHIEF OF CORRECTIONS
AVID �IcEAC�
a U G s z� 3 P6secufln ft,n �
JACK LOUWS
COUNTYEXECUTIVE
AUG 12 2013, .
whatcom C
Sellingharn ounty
I WA
RE: Interlocai agreement in support of 2013 Byrne Justice Assistance Grant Program
Award
Attached are two originals of an interlocal agreement between Whatcom County and the
City of Bellingham pertaining to a disparate JAG award in the amount of $35,159.00
allocated to Whatcom County, with $22,281.00 designated for the City of Bellingham
(Police Dept) and $12,878.00 to Whatcom County (Sheriffs Office). The Sheriffs
Office plans to use the award to purchase training equipment and supplies in support of
regionalized active shooter response training. A program narrative and budget is attached
for the County portion. The City of Bellingham will administer the grant.
If you have any questions, please feel free to contact Undersheriff Jeff Parks at ext
50418.
Our Vision: The Office of Sheriff: Dedicated to making Whatcom County the Safest in the State through Excellence in A151ic Safety.
Whatcom County
WHATCOM COUNTY CONTRACT Contract No.
INFORMATION SHEET `2 0? 3 0 0 17
Originating Department:
Sheriff's Office
Contract or Grant Administrator:
Jeff Parks, Undersheriff
Contractor's / Agency Name:
City of Bellin ham
Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes No
Yes X No If Amendment or Renewal, Original Contract #
Does contract require Council Approval? Yes ® No
Is this a grant agreement?
Yes No If yes, grantor agency contract number(s) CFDA # 16.738
Is this contract grant funded?
Yes X No If yes, associated Whatcom County grant contract number(s) City of Bellingham Grant
Is this contract the result of a RFP or Bid process? Contract
Yes No X If yes, RFP and Bid number(s) Cost Center: 2940
Is this agreement excluded from E-Verify? No Yes X If no, include Attachment D Contractor Declaration form.
If yes, indicate exclusion(s) below:
_Professional services agreement for certified/licensed professional
_Contract less than $100,000. _Contract for Commercial off the shelf items (COTS)
_Contract work is all performed outside U.S. _Work related subcontract less than $25,000.
X Interlocal Agreement (between Govt's) _Public Works - Local Agency/Federally Funded FHWA
Contract Amount:(sum of original contract amount and
Contracts that require Council Approval (incl. agenda bill & memo)
any prior amendments)
• Professional Services Agreement above $20,000.
$ 12,878.00
0 Bid is more than $40,000.
This Amendment Amount:
• Amendments that have either an increase greater than 10% or
$
provide a $10,000 increase in amount (whichever is greater)
Total Amended Amount:
$_12,878.00
RENEWALS: Council approval is not required when exercising an
option to renew that is provided in the original contract.
Summary of Scope:
City of Bellingham will provide $12,878 of Edward Byrne Memorial Justice Assistance Grant (JAG) Program funds to
Whatcom County Sheriff's Office to purchase training equipment and supplies in support of regionalized Active Shooter
Response Training.
Term of Contract: 07/03/13
Expiration Date: 12/31/14
Contract Routing Stems & Signoff rsign or initiall
[indicate date transmitted]
1. Prepared by: DMP
Date 08/08/13 [electronic]
2. Attorney reviewed:
Date � 1 1 i 3 [electronic]
3. AS Finance reviewed:
Date 15 [electronic]
4. IT reviewed if IT related
Date (electronic]
5. Corrections made:
Date [electronic] hard copy printed
6. Attorney signoff:v
Date
7. Contractor signed:
Date
8. Submitted to Exec Office
Date 9-I b -13 [summary via electronic; hardcopies]
9. Council approved (if necessary)
Date
10. Executive signed:
Date
11. Contractor Original Returned to dept;
Date
12. County Original to Council
Date
Last Edited 7/ 17/ 13
11
WHATCOM COU�-T-Y
CONTRACT NO.
CITY SECRETARY
CONTRACT NO.
THE STATE OF WASHINGTON
COUNTY OF WHATCOM
INTERLOCAL AGREEMENT
BETWEEN THE CITY OF BELLINGHAM, AND COUNTY OF WHATCOM
2013 BYRNE JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD
This Agreement is made and entered into this 3rd day ofJuly, 2013, by and between The COUNTY of
Whatcom, acting by and through its governing body, the County Council, hereinafter referred to as
COUNTY, and the CITY of Bellingham, acting by and through its governing body, the City Council,
hereinafter referred to as CITY, both of Whatcom County, State of Washington, witnesseth:
WHEREAS, each governing body, in performing governmental functions or in paying for the
performance of governmental functions hereunder, shall make that performance or those payments from
current revenues legally available to that party: and
WHEREAS, each governing body finds that the performance of this Agreement is in the best interests of
both parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the
performing party for the services or functions under this agreement: and
WHEREAS, per the grant, Whatcom County Jurisdiction is allocated $35,159 in grant funding, $22,281
for the City and $12,878 for Whatcom County: and
WHEREAS, the CITY agrees to provide the COUNTY $12,878 from the JAG award for the Active
Shooter Training Program: and
WHEREAS, the CITY and COUNTY believe it to be in their best interests to reallocate the JAG funds.
NOW THEREFORE, the COUNTY and CITY agree as follows:
Section 1.
CITY agrees to pay COUNTY a total of $12,878 of JAG funds.
Section 2.
COUNTY agrees to use $12,878 for the Active Shooter Training Program until 2015.
Section 3.
Nothing in the performance of this Agreement shall impose any liability for claims against the "CITY" or
"COUNTY"
Section 4.
Each party to this agreement will be responsible for its own actions in providing services under this agreement and shall
not be liable for any civil liability that may arise from the furnishing of the services by the other party.
Page 1 of 2
12
Section 5.
The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement.
Section 6.
By entering into this Agreement, the parties do not intend to create any obligations express or implied other
than those set out herein; further, this Agreement shall not create any rights in any party not a signatory
hereto.
CITY OF Bellingham, WA OUNTY OF�Whatc�, WA
Kelli Linville, Mayor Sheiff
ATTEST:
APPROVED AS TO FORM:
John Carter, Finance Department Prosecuting A ney.) okV
APPROVED AS TO FORM:
City Attorney
Chief of Police
Jack Louws, Whatcom County Executive
Page 2 of 2
13
Whatcom County Sheriff's Office
2013 Edward Bryne Memorial JAG Program
FY 2013 Local Solicitation
Abstract
Enhanced Response to Active Shooters and Critical Violent Incidents in Schools and Public
Buildings. — In response to recent violent critical incidents at schools and public venues, the
Whatcom County Sheriff's Office is developing enhanced training for Active Shooter scenarios.
In order to conduct regionalized training with other law enforcement and fire agencies, the
intent is to provide a mobile training component. the training program will focus on enhanced
response capabilities, to include integration with fire and medical resources. The focus of the
program will be neutralization of the threat by first responders and expedited medical
treatment for victims. The goal of the program will be to provide regional training to all area
law enforcement that increases officer safety, improves integrated public safety response and
saves lives.
Project identifiers — Campus safety, Conference/training, Equipment — general, School crime,
Violence -School violence
Program Narrative
The recent attack at Sandyhook Elementary, as well as other public venues, has reaffirmed why
it is imperative that first responders be trained and prepared to response to incidents of active
violence in an efficient and expeditious manner. The goal of such training and response is
protecting potential victims and limiting loss of life. While the Whatcom County Sheriff's Office
trains and equips department personnel to respond to active shooter scenarios, enhanced
training and interagency coordination is necessary for efficient actions and life saving measures.
These grant funds are needed to help facilitate joint critical incident training with area law
enforcement and fire agencies.
In order to improve the coordinated response of emergency resources, the Whatcom County
Sheriff's Office has taken a lead role in providing regionalized active shooter response training
to area law enforcement agencies. Due limited training budgets, the Sheriff's Office recognized
that it was imperative that we provide smaller agencies with the knowledge and tactics
required to effectively operate during a multi -jurisdictional response. In addition, prior critical
incidents have demonstrated the need to provide medical aid to victims as soon as possible.
14
The Sheriff's Office has conducted several training exercises that highlight the establishment of
Casualty Collection Points (CCP) and prorript medical response to the crisis location. We have
met with area fire agencies and expressed the desire to conduct more joint training, to include
the concept of rapid medical intervention to a CCP.
The Sheriff's Office intends to utilize JAG funding to purchase and outfit a mobile training unit
to provide regional training to area law enforcement and fire personnel. The necessary training
equipment will be stored in a cargo trailer, which can be transported to different training
locations. In addition to the inert training weapons, the funds will be used to install storage for
equipment.
Budget and Budget Narrative
BUDGET
Equipment
Cargo trailer
SIRT 110 Pro inert training handgun
10 x $343 = $3,430.00
SIRT inert AR Laser Bolt R
10 x $111.00 =
Simunition FX marking rounds
Total
Total project costs
$3,338.00
$3,430.00
$1,110.00
$5,000.00
$12,878.00
$12,878.00
15
BUDGET NARRATIVE
EQUIPMENT: In order to provide enhanced training for regional law enforcement agencies, the
Whatcom County Sheriffs Office intends to implement a mobile training program.
Cargo trailer- The intent is to equip a cargo trailer with the training equipment and resources
needed to provide regional critical response training at a variety of facilities and/or venues. The
mobile training platform will allow us to provide joint training to other agencies in an efficient
and effective manner.
SIRT inert handguns — The SIRT handgun is an inert training aid that allows students to utilize
equipment that simulates the actual equipment they utilize in the field. Because it is an inert
training weapon, it does not require costly ammunition or range facilities. As opposed to other
training firearms, the SIRT handguns project a visible laser that can be seen by instructors and
gives immediate feedback to the student and instructor on proper target identification and
proficiency. There is no additional cost for special training rounds, which makes the program
sustainable and cost effective.
SIRT magazines —These magazines are used in conjunction with the SIRT handgun and simulate
the actual weigh of a loaded magazine and allow for functional reload and manipulation drills.
SIRTAR laser bolts = Similar to the SIRT inert handguns, the laser bolt is installed in issued patrol
rifles and converts them to inert training rifles to be used is scenario -based training.
Simunition FX marking rounds —The marking rounds will be utilized with currently owned
simunition training weapons to enhanced reality -based training scenarios on active shooter
response. Simunition marking rounds are regularly used in force -on -force training scenario to
artificially simulate the stress and circumstances encountered by law enforcement during active
shooter events. FX marking rounds provide immediate feedback for both instructors and
students. In addition, the use of simulated training equipment allows law enforcement to be
inoculated to the stressor that they would likely encounter in a real life response.
16
Review Narrative
The Whatcom County Sheriff's Office intends to make its Fiscal Year 2013 JAG application available to
the Whatcom County Council for review and comment at the September 10, 2013 regular meeting.
The application has not yet been made available for public review and comment. The Whatcom County
Sheriff's Office will make it FY2013 application available through submission to the County Executive for
placement on the Whatcom County Council agenda (deadline August 30, 2013) for the meeting to be
held on September 10, 2013.
Applicant Disclosure of Pending Applications
The Whatcom County Sheriffs Office does not have any pending applications for federal funding to
support the proposed program.
DUNS Number
060044641
17
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
OMB No. 1121-0329
The U.S. Department of Justice (DOJ), Office of Justice Programs' (OJP) Bureau of Justice
Assistance (BJA) is seeking applications for funding under the Edward Byrne Memorial Justice
Assistance Grant (JAG) Program. This program furthers the Department's mission by assisting
state, local, and tribal efforts to prevent or reduce crime and violence.
Edward Byrne Memorial
Justice Assistance Grant (JAG) Program
FY 2013 Local Solicitation
Eligibility
Applicants are limited to units of local government appearing on the FY 2013 JAG Allocations
List. To view this list, go to www.bma..qov/programs/iag/l3iagallocations.html. For JAG Program
purposes, a unit of local government is: a town, township, village, parish, city, county, borough,
or other general purpose political subdivision of a state; or, it may also be a federally recognized
Indian tribe that performs law enforcement functions (as determined by the Secretary of the
Interior). Otherwise a unit of local government may be any law enforcement district or judicial
enforcement district established under applicable state law with authority to independently
establish a budget and impose taxes. In Louisiana, a unit of local government means a district
attorney or parish sheriff. In the District of Columbia or any U.S. Trust Territory, a unit of local
government is any agency of the District of Columbia or federal government performing law
enforcement functions for the District of Columbia or U.S. Trust Territory.
Deadline
Applicants must register in OJP's Grants Management System (GMS) prior to submitting an
application for this funding opportunity. Select the "Apply Online" button associated with the
solicitation title. (See "How to Apply," page 19.) All registrations and applications are due by
8:00 p.m. eastern time on July 9, 2013. (See "Deadlines: Registration and Application," page 4.)
Contact Information
For technical assistance with submitting the application, contact the Grants Management
System Support Hotline at 1-888-549-9901, option 3, or via e-mail to
GMS.HelpDesk@usdoi.gov.
Note: The CMS Support Hotline hours of operation are Monday —Friday from 6:00 a.m. to 12
midnight eastern time, except federal holidays.
For assistance with any other requirement of this solicitation, contact the BJA Justice
Information Center at 1-877-927-5657, via e-mail to JIC ,telesishg.com, or by live web chat.
The BJA Justice Information Center hours of operation are 8:30 a.m. to 5:00 p.m. eastern time,
and 8:30 a.m. to 8:00 p.m. eastern time, Monday through Friday, on the solicitation close date.
You may also contact your State Policy Advisor:
www.bia.gov/About/Contacts/ProgramsOffice.html.
Funding opportunity number assigned to announcement: BJA-2013-3599
Release date: May 30, 2013
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CONTENTS
Overview
4
Deadlines : Registration and Application
4
Eligibility
4
Program -Specific Information
4
Amount and Length of Awards
6
Budget Information
6
Other JAG Requirements
9
Reporting Requirements and Performance Measures
11
Priorities
12
What an Application Should Include
14
Information to Complete the Application for Federal Assistance
(SF-424) (Required)
Abstract and Project Identifiers (Required)
Program Narrative (Required)
Budget and Budget Narrative (Required)
Review Narrative (Required)
Tribal Authorizing Resolution (if applicable)
Additional Attachments
Other Standard Forms
Review Process
17
Additional Requirements
18
How To Apply
19
Provide Feedback to OJP on This Solicitation
21
Application Checklist
22
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Edward Byrne Memorial Justice Assistance Grant (JAG)
Program: Local Solicitation
CFDA ##16.738
Overview
The Edward Byrne Memorial Justice Assistance Grant (JAG) Program (42 U.S.C. 3751(a)) is
the primary provider of federal criminal justice funding to state and local jurisdictions. The JAG
Program provides states and units of local governments with critical funding necessary to
support a range of program areas including law enforcement, prosecution and court programs,
prevention and education programs, corrections and community corrections, drug treatment and
enforcement, crime victim and witness initiatives, and planning, evaluation, and technology
improvement programs.
Deadlines: Registration and Application
Applicants must register in GIVIS prior to submitting application for this funding opportunity.
Select the "Apply Online" button associated with the solicitation title. The deadline to register in
GMS and the deadline to apply for funding under this announcement is 8:00 p.m. eastern time
on July 9, 2013. See "Hoerr To Apply" on page 19 for details.
Eligibility
Refer to the title page for eligibility under this program.
Prograir-Sped is InIfOrm, ation
Program Areas
JAG funds may be used for state and local initiatives, technical assistance, strategic planning,
research and evaluation (including forensics), data collection, training, personnel, equipment,
forensic laboratories, supplies, contractual support, and criminal justice information systems that
will improve or enhance such areas as:
• Law enforcement programs.
• Prosecution and court programs.
• Prevention and education programs.
• Corrections and community corrections programs.
• Drug treatment and enforcement programs.
• Planning, evaluation, and technology improvement programs.
• Crime victim and witness programs (other than compensation).
Award Recipient Responsibilities: The Chief Executive Officer (CEO) of an eligible unit of
local government or other officer designated by the CEO must submit the application for JAG
funds. A unit of focal government receiving a JAG award will be responsible for the
administration of the funds including: distributing the funds; monitoring the award; submitting
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quarterly financial status (SF-425) and performance metrics reports and annual programmatic
reports; and providing ongoing oversight and assistance to any subrecipients of the funds.
Governing Body Review: No fewer than 30 days prior to application submission, the applicant
agency (fiscal agent in disparate situations) must make the grant application available for review
by the governing body (or to the organization designated by the governing body. See the
Review Narrative section on page 15 for additional information.
Public Comment: At the time of application submission, the applicant agency (the fiscal agent
in disparate situations) must provide an assurance that the application was made public and an
opportunity to comment was provided to citizens and neighborhood or community organizations
to the extent the applicable law or established procedure makes such an opportunity available.
See the Review Narrative section on page 15 for additional information.
Prohibited Uses: No JAG funds may be expended outside of JAG program areas. Even within
these program areas, however, JAG funds cannot be used directly or indirectly for security
enhancements or equipment for nongovernmental entities not engaged in criminal justice or
public safety. Additionally, JAG funds may not be used directly or indirectly to provide for
any of the following matters unless the BJA Director certifies that extraordinary and
exigent circumstances exist; making them essential to the maintenance of public safety and
good order:
• *Vehicles, vessels, or aircraft.
• **Unmanned aerial vehicles/unmanned aircraft, aircraft system, or aerial vehicles
(UA/UAS/UAV).
• Luxury items.
• Real estate.
• Construction projects (other than penal or correctional institutions).
• Any similar matters.
*Police cruisers, police boats, and police helicopters are allowable vehicles under JAG
and do not require BJA certification.
"Unmanned Aircraft, Aircraft System, or Aerial Vehicles (UA/UAS/UAV): No JAG funds
may be expended on these items unless the BJA Director certifies that extraordinary and
exigent circumstances exist, making them essential to the maintenance of public safety and
good order. Also, any grant award using funds for this purpose may be subject to additional
reporting criteria, which will be spelled out in a customized special condition attached to the
grant award.
For information related to requesting a waiver to obtain BJA certification for any
prohibited item, or for examples of allowable vehicles that do not require BJA
certification, refer to the JAG FAQs on BJA's JAG web page.
Evidence -Based Programs or Practices
OJP places a strong emphasis on the use of data and evidence in policy making and program
development in criminal justice. OJP is committed to:
• improving the quantity and quality of evidence OJP generates;
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• integrating evidence into program, practice, and policy decisions within OJP and the
field; and
• improving the translation of evidence into practice.
OJP considers programs and practices to be evidence -based when their effectiveness has been
demonstrated by causal evidence, generally obtained through one or more outcome
evaluations. Causal evidence documents a relationship between an activity or intervention
(including technology) and its intended outcome, including measuring the direction and size of a
change, and the extent to which a change may be attributed to the activity or
intervention. Causal evidence depends on the use of scientific methods to rule out, to the extent
possible, alternative explanations for the documented change. The strength of causal evidence,
based on the factors described above, will influence the degree to which OJP considers a
program or practice to be evidence -based.
OJP's CrimeSolutions.gov web site is one resource that applicants may use to find information
about evidence -based programs in criminal justice, juvenile justice, and crime victim services.
Additionally, when considering evidence -based programs and practices specific to reentry, it is
recommended that jurisdictions review the What Works in Reentry Clearinghouse for important
research on the effectiveness of a wide variety of reentry programs and practices. The
Clearinghouse provides a one -stop shop for practitioners and service providers seeking
guidance on evidence -based reentry interventions.
Amount and Length of Awards
Eligible award amounts under JAG are posted annually on BJA's JAG web page:
wAvw,bja.gov/Program®etails.aspx?Program ID=59.
Awards of at least $25,000 or more are 4 years in length with an award period of October 1,
2012 through September 30, 2016. Extensions beyond a 4-year period may be made on a case -
by -case basis at the discretion of BJA and must be requested via the Grants Management
System (GMS) no less than 30 days prior to the grant end date.
Awards that are less than $25,000 are 2 years in length with an award period of October 1,
2012 through September 30, 2014. Requests for up to two additional years to complete
performance of the award will be granted automatically, pursuant to 42 U.S.C. § 3751(f).
Extensions beyond a 4-year period may be made on a case -by -case basis at the discretion of
BJA and must be requested via the Grants Management System (GMS) no less than 30 days
prior to the grant end date.
All awards are subject to the availability of appropriated funds and to any modifications or
additional requirements that may be imposed by law.
Budget Information
Applicants must submit a budget and budget narrative outlining how JAG funds, including
administrative funds if applicable, will be used to support and implement the program. See the
budget narrative description under "What an Application Should Include" on page xx for
more information.
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Formula: Once each fiscal year's overall JAG Program funding level is determined, BJA
partners with the Bureau of Justice Statistics (BJS) to begin a four -step grant award calculation
process which consists of:
1. Computing an initial JAG allocation for each state and territory, based on their share of
violent crime and population (weighted equally).
2. Reviewing the initial JAG allocation amount to determine if the state or territory allocation
is less than the minimum ("de minimus") award amount defined in the JAG legislation
(0.25 percent of the total). If this is the case, the state or territory is funded at the
minimum level, and the funds required for this are deducted from the overall pool of JAG
funds. Each of the remaining states receives the minimum award plus an additional
amount based on their share of violent crime and population.
3. Dividing each state's final award amount (except for the territories and District of
Columbia) between state and local governments at a rate of 60 and 40 percent,
respectively.
4. Determining local unit of government award allocations, which are based on their
proportion of the state's 3-year violent crime average. If a local eligible award amount is
less than $10,000, the funds are returned to the state to be awarded to these local units
of government through the state agency. If the eligible award amount is $10,000 or
more, then the local government is eligible to apply for a JAG award directly from BJA.
Administrative Funds: A unit of local government may use up to 10 percent of the award,
including interest, for costs associated with administering JAG funds.
Supplanting: Supplanting is prohibited under JAG. Applicants cannot replace or supplant non-
federal funds that have been appropriated for the same purpose. See the JAG FAQs on BJA's
JAG web page for examples of supplanting.
Leveraging of Grant Funds: Although supplanting is prohibited, the leveraging of federal
funding is encouraged. For example, a city may utilize JAG and Homeland Security Grant
Program (HSGP) money to fund different portions of a fusion center project. In instances where
leveraging occurs, all federal grant funds must be tracked and reported on separately and may
not be used to fund the same line items. Additionally, federal funds cannot be used as match for
other federal awards.
Disparate Certification: A disparate allocation occurs when a city or municipality is allocated
one -and -one-half times (150 percent) more than the county, while the county bears more than
50 percent of the costs associated with prosecution or incarceration of the municipality's Part 1
violent crimes. A disparate allocation also occurs when multiple cities or municipalities are
collectively allocated four times (400 percent) more than the county, and the county bears more
than 50 percent of the collective costs associated with prosecution or incarceration of each
municipality's Part 1 violent crimes.
* Jurisdictions certified as disparate must identify a fiscal agent that will submit a joint
application for the aggregate eligible allocation to all disparate municipalities. The joint
application must determine and specify the award distribution to each unit of local
government and the purposes for which the funds will be used. When beginning the JAG
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application process, a Memorandum of Understanding (MOU) that identifies which
jurisdiction will serve as the applicant/fiscal agent for joint funds must be completed and
signed by the Authorized Representative for each participating jurisdiction. The signed
MOU should be attached to the application. For a sample MOU, go to
wwN.bia.gov/Funding/JAGMOU.pdf.
Trust Fund: Award recipients may draw down JAG funds in advance. To do so, a trust fund
must be established in which to deposit the funds. The trust fund may or may not be an interest -
bearing account. If subrecipients draw down JAG funds in advance, they also must establish a
trust fund in which to deposit funds. This trust fund requirement does not apply to direct JAG
award recipients or subrecipients that draw -down on a reimbursement basis rather than in
advance.
Limitation on Use of Award Funds for Employee Compensation; Waiver: With respect to
any award of more than $250,000 made under this solicitation, recipients may not use federal
funds to pay total cash compensation (salary plus cash bonuses) to any employee of the award
recipient at a rate that exceeds 110 percent of the maximum annual salary payable to a member
of the Federal Government's Senior Executive Service (SES) at an agency with a Certified SES
Performance Appraisal System for that year. The 2013 salary table for SES employees is
available at www.opm.gov/oca/13tables/indexSES.asp. Note: A recipient may compensate an
employee at a greater rate, provided the amount in excess of this compensation limitation is
paid with non-federal funds. (Any such additional compensation will not be considered matching
funds where match requirements apply.)
The Assistant Attorney General (AAG) for OJP may exercise discretion to waive, on an
individual basis, the limitation on compensation rates allowable under an award. An applicant
requesting a waiver should include a detailed justification in the budget narrative of the
application. Unless the applicant submits a waiver request and justification with the application,
the applicant should anticipate that OJP will request the applicant to adjust and resubmit the
budget.
The justification should include the particular qualifications and expertise of the individual, the
uniqueness of the service the individual will provide, the individual's specific knowledge of the
program or protect F,eing undertaken :"l:th aV`:ard funds, and a statement eXpiaenin^y ti a±+he
individual's salary is commensurate with the regular and customary rate for an individual with
his/her qualifications and expertise, and for the work to be done.
Minimization of Conference Costs: OJP encourages applicants to review the OJP guidance
on conference approval, planning, and reporting that is available on the OJP web site at
www.oip.gov/funding/confcost.htm. This guidance sets out the current OJP policy, which
requires all funding recipients that propose to hold or sponsor conferences (including meetings,
trainings, and other similar events) to minimize costs, requires OJP review and prior written
approval of most conference costs for cooperative agreement recipients (and certain costs for
grant recipients), and generally prohibits the use of OJP funding to provide food and beverages
at conferences. The guidance also sets upper limits on many conference costs, including facility
space, audio/visual services, logistical planning services, programmatic planning services, and
food and beverages (in the rare cases where food and beverage costs are permitted at all).
Prior review and approval of conference costs can take time (see the guidance for specific
deadlines), and applicants should take this into account when submitting proposals. Applicants
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also should understand that conference cost limits may change and that they should check the
guidance for updates before incurring such costs.
Note on food and beverages: OJP may make exceptions to the general prohibition on using
OJP funding for food and beverages, but will do so only in rare cases where food and
beverages are not otherwise available (e.g., in extremely remote areas); the size of the event
and capacity of nearby food and beverage vendors would make it impractical to not provide food
and beverages; or a special presentation at a conference requires a plenary address where
conference participants have no other time to obtain food and beverages. Any such exception
requires OJP's prior written approval. The restriction on food and beverages does not apply to
water provided at no cost, but does apply to any and all other refreshments, regardless of the
size or nature of the meeting. Additionally, this restriction does not affect direct payment of per
diem amounts to individuals in a travel status under your organization's travel policy.
Costs Associated with Language Assistance (if applicable): If an applicant proposes a
program or activity that would deliver services or benefits to individuals, the costs of taking
reasonable steps to provide meaningful access to those services or benefits for individuals with
limited English proficiency may be allowable. Reasonable steps to provide meaningful access to
services or benefits may include interpretation or translation services where appropriate.
For additional information, see the "Civil Rights Compliance" section of the OJP "Other
Requirements for OJP Applications" web page at
www.oip.usdol.gov/funding/other requirements.htm.
Match Requirement: While match is not required under the JAG Program, match is an effective
strategy to expand justice funds and build buy -in for local criminal justice initiatives. Matching
funds become part of the overall award amount, and as such are subject to audit and must be
expended or deobligated prior to closeout.
Other JAG Requirements
Body Armor Certification
• Ballistic -resistant and stab -resistant body armor can be funded through two BJA-
administered programs: the JAG Program and the Bulletproof Vest Partnership (BVP)
Program.
• The BVP Program is designed to provide a critical resource to state and local law
enforcement through the purchase of ballistic -resistant and stab -resistant body armor. A
jurisdiction is able to request up to 50 percent of the cost of a vest with BVP funds. For more
information on the BVP Program, including eligibility and application, refer to the BVP web
page.
• JAG funds may also be used to purchase vests for an agency, but they may not be used to
pay for that portion of the ballistic -resistant vest (50 percent) that is not covered by BVP
funds. Unlike BVP, JAG funds used to purchase vests do not require a 50 percent match.
• Vests purchased with JAG funds may be purchased at any threat level, make, or model from
any distributor or manufacturer, as long as the vests have been tested and found to comply
with the latest applicable National Institute of Justice ballistic or stab standards. In addition,
vests purchased must be American -made. Information on the latest National Institute of
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justice (NIJ) standards can be found at: �vwtiv.nii.gov/topics/technology/body-armor/saeety-
initiative.htm.
As is the case in BVP, grantees who wish to purchase vests with JAG funds must certify that
law enforcement agencies receiving vests have a written "mandatory wear" policy in effect.
FAQs related to the mandatory wear policy and certifications can be found at
www.bia.gov/Funding/JAGFAQ.pdf. This policy must be in place for at least all uniformed
officers before any FY 2013 funding can be used by the agency for vests. There are no
requirements regarding the nature of the policy other than it being a mandatory wear policy
for all uniformed officers while on duty. The certification must be signed by the certifying
official and must be attached to the application. If the grantee proposes to change project
activities to utilize JAG funds to purchase bulletproof vests after the application period
(during the project period), then the grantee must submit the signed certification to BJA at
that time. A mandatory wear concept and issues paper and a model policy are available by
contacting the BVP Customer Support Center vests(aD-usdoi.gov or toll free at 1-877-758-
3787.
• A copy of the certification related to the mandatory wear can be found at:
www.bia.gov/Funding/l 3JAGBVPCert.pdf.
Interoperable Communications
• Grantees (including subgrantees) that are using FY 2013 JAG Program funds to support
emergency communications activities (including the purchase of interoperable
communications equipment and technologies such as voice-over-internet protocol bridging
or gateway devices, or equipment to support the build out of wireless broadband networks in
the 700 MHz public safety band under the Federal Communications Commission (FCC)
Waiver Order) must ensure:
➢ Compliance with the FY 2013 SAFECOM Guidance for Emergency Communication
Grants (including provisions on technical standards that ensure and enhance
interoperable communications).
➢ Adherence to the technical standards set forth in the FCC Waiver Order, or any
succeeding FCC orders, rules, or regulations pertaining to broadband operations in the
700 MHz public safety band.
➢ Projects support the Statewide Communication Interoperability Plan (SCIP) and are fully
coordinated with the full-time Statewide Interoperability Coordinator (SWIC) in the state
of the project. As the central coordination point for their state's interoperability effort, the
SWIC plays a critical role, and can serve as a valuable resource. SWICs are
responsible for the implementation of the SCIP through coordination and collaboration
with the emergency response community. The U.S. Department of Homeland Security
Office of Emergency Communications maintains a list of SWICs for each of the 56
states and territories. Contact OEC(aD-hg.dhs.gov.
➢ All communications equipment purchased with grant award funding (plus the quantity
purchased of each item) is identified during quarterly performance metrics reporting.
DNA Testing of Evidentiary Materials and Upload of DNA Profiles to a Database
If JAG program funds will be used for DNA testing of evidentiary materials, any resulting eligible
DNA profiles must be uploaded to the Combined DNA Index System (CODIS, the national DNA
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database operated by the Federal Bureau of Investigation (FBI)), by a government DNA lab with
access to CODIS. No profiles generated with JAG funding may be entered into any other non-
governmental DNA database without prior express written approval from BJA. For more
information, refer to the NIJ FY 2013 DNA Backlog Reduction Program, available at
www.ncirs.gov/pdffilesl/nii/sIO01062.pdf. In addition, funds may not be used for purchase of
DNA equipment and supplies when the resulting DNA profiles from such technology are not
accepted for entry into CODIS.
Reporting Requirements, Performance Measures, and JAG Showcase
Submission of performance measures data is not required for the application. Instead,
applicants should discuss in their application their proposed methods for collecting data for
performance measures. Refer to the section "What an Application Should Include" on page 15
for additional information.
Award recipients will be required to submit quarterly financial status (SF-425) and annual
programmatic reports through GMS, quarterly performance metrics reports (see Performance
Measures section below) through BJA's Performance Measurement Tool (EMT), and Federal
Funding Accountability and Transparency Act (FFATA) reports through the FFATA Sub -award
Reporting System (FSRS) as necessary (see FFATA section below).
Performance Measures
To assist in fulfilling the Department's responsibilities under the Government Performance and
Results Act of 1993 (GPRA), P.L. 103-62, and the GPRA Modernization Act of 2010, Public Law
111-352, applicants who receive funding under this solicitation must provide data that
measures the results of their work done under this solicitation. Quarterly performance metrics
reports must be submitted through BJA's Performance Measurement Tool (PMT) web
site, available at www.biaperformancetools.org. The performance measures can be found
at: www.biaperformancetools.org/help/JAGMeasuresQuestionnaire.pdf.
Note on Project Evaluations
Applicants that propose to use funds awarded through this solicitation to conduct project
evaluations should be aware that certain project evaluations (such as systematic investigations
designed to develop or contribute to generalizable knowledge) may constitute "research" for
purposes of applicable DOJ human subjects protection regulations. However, project
evaluations that are intended only to generate internal improvements to a program or service, or
are conducted only to meet OJP's performance measure data reporting requirements likely do
not constitute "research." Applicants should provide sufficient information for OJP to determine
whether the particular project they propose would either intentionally or unintentionally collect
and/or use information in such a way that it meets the DOJ regulatory definition of research.
Research, for the purposes of human subjects protections for OJP-funded programs, is defined
as, "a systematic investigation, including research development, testing, and evaluation,
designed to develop or contribute to generalizable knowledge" 28 C.F.R. § 46.102(d). For
additional information on determining whether a proposed activity would constitute research,
see the decision tree to assist applicants on the "Research and the Protection of Human
Subjects" section of the OJP "Other Requirements for OJP Applications" Web page
(www.oip.usdoj_,gov/funding/other requirements.htm). Applicants whose proposals may involve
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a research or statistical component also should review the "Confidentiality" section on that Web
page.
Notice of Post -Award FFATA Reporting Requirement
Applicants should anticipate that OJP will require all recipients (other than individuals) of awards
of $25,000 or more under this solicitation, consistent with the Federal Funding Accountability
and Transparency Act of 2006 (FFATA), to report award information on any first -tier subawards
totaling $25,000 or more, and, in certain cases, to report information on the names and total
compensation of the five most highly compensated executives of the recipient and first -tier
subrecipients. Each applicant entity must ensure that it has the necessary processes and
systems in place to comply with the reporting requirements should it receive funding. Reports
regarding subawards will be made through the FFATA Subaward Reporting System (FSRS),
found at Nww.fsrs.aov.
Note also that applicants should anticipate that no subaward of an award made under this
solicitation may be made to a subrecipient (other than an individual) unless the potential
subrecipient acquires and provides a Data Universal Numbering System (DUNS) number.
JAG Showcase
This JAG Showcase was designed to identify and highlight JAG projects that have
demonstrated success or have shown promise in reducing crime, positively impacting
communities, etc. Because the JAG program provides state, tribal, and local jurisdictions with
flexibility to tailor the programs to fit their needs, a wide variety of programs have been funded
across the country. Each year, new methods to reduce and prevent crime, violence, and drug
abuse; and, to improve the functioning of the criminal justice system are being discovered. BJA
strives to increase awareness of JAG funds invested in innovation, evidence -based programs
and program evaluations. This page is intended to serve as a resource for criminal justice
professionals in the field who seek to stay informed of some the most interesting, innovative,
results oriented projects that have been funded with JAG money in the last several years.
JAG success stories success stories should include the: name and location of program/project;
point of contact with phone and e-mail; amount of JAG [funding
f undi ng received and in which
CIiScal
year; and a brief summary describing the program/project and its impact. BJA strongly
encourages and appreciates annual (or more frequent) submissions at
JAG. Showcase ,�ojp.usdo°. ®v or via the online form.
Priorities
BJA recognizes that the downturn in the economy has resulted in significant pressures on state
and local criminal justice systems. In these challenging times, shared priorities and leveraged
resources can make a significant impact. In light of this, it is important to make SAAs and local
JAG recipients aware of several areas of priority that may be of help in maximizing the
effectiveness of JAG funding at the state and local level.
In addition to our longstanding and unwavering commitment to keeping violent crime at its
lowest level in decades, the following priorities represent key areas where BJA will be focusing
nationally and invite each state and local JAG recipient to join us in addressing these challenges
as a part of our JAG partnership.
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Reducing Gun Violence
In the aftermath of the Sandy Hook Elementary School tragedy and mass shootings in Aurora,
Oak Creek, and Tucson, BJA encourages states and localities to invest valuable JAG funds in
programs to reduce gun violence, enforce existing firearms laws, and enhance reporting to the
FBI's National Instant Criminal Background Check System. Other important priorities include
strengthening school safety, improving criminal justice/mental health collaborations, and
supporting joint first responder critical incident training.
Recidivism Reduction and Justice System Realignment
In this time of fiscal austerity and smaller state and local budgets, reducing unnecessary
incarceration in a manner that promotes public safety is a paramount goal. Effective community
supervision coupled with evidence -based program interventions can result in significant
reductions in recidivism. A priority funding area is the implementation of effective pretrial
services programs and innovative programs and approaches in probation and parole
supervision that improve services to offenders and increase collaborative efforts among
community supervision agencies with law enforcement and the courts. Currently 17 states and
local governments are working to control spiraling incarceration costs through justice system
reforms and realignment under the Justice Reinvestment Initiative (JRI). Strategic investment of
JAG funds to implement JRI legislation and policy changes in those states and localities can
augment federal funds and achieve greater cost savings and reinvestments in programs to
promise public safety.
Indigent Defense
Another key priority area in the criminal justice system is support for indigent defense. BJA
continues to encourage states and SAAs to use JAG funds to support the vital needs of the
indigent defense community. Attorney General Holder has consistently stressed that the crisis in
indigent defense reform is a serious concern which must be addressed if true justice is to be
achieved in our nation. In 2002, the American Bar Association (ABA) published Ten Principles
of a Public Defense Delivery System which represent fundamental building blocks for
implementing quality legal representation for indigent defendants. (See ABA Ten Principles.)
Evidence -Based "Smart" Programs
As a result of the current fiscal crisis, many police departments are experiencing unprecedented
budget cuts, layoffs, and reductions in force. These challenges must be met by making wider
use of advancements in the law enforcement field in the last several decades which rely on use
of data, crime analysis, crime mapping and other analytic tools, cutting edge technology, and
research and evaluations regarding effective policing strategies and programs. BJA offers a
number of program models designed to effectively implement evidence based strategies
including Smart Policing and Smart Probation. A useful matrix of evidence -based policing
programs and strategies is available through the Center for Evidence -Based Policy at George
Mason University and provides valuable information on policing strategies and programs that
work. BJA encourages states to use JAG funds to support these "smart policing" strategies,
including a focus on real time crime analysis centers (CACs), and effective partnerships with
universities and research partners and with non-traditional criminal justice partners.
Counterterrorism continues to be the number one priority for DOJ. At the state and local level,
BJA-2013-3599
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high functioning, evidence -based, data -driven public safety agencies are a critical component of
our nation's "all crimes" strategy. In addition, the JAG Program has long supported effective and
collaborative multi -jurisdictional task forces and justice information sharing programs, which
continue as a priority in order to maintain our nation's historic reductions in violent crime.
What an Application Should Include
Applicants should anticipate that if they fail to submit an application that contains all of the
specified elements, it may negatively affect the review of their application; and, should a
decision be made to make an award, it may result in the inclusion of special conditions that
preclude the recipient from accessing or using award funds pending satisfaction of the
conditions.
Refer to the BJA Grant Writing and Management Academy and OJP's Grants 101 for an
overview of what should be included in each application requirement. These trainings can be
found at bia.ncirs.gov/gwma/index.html and www.oip..ov/.qrants101/.
OJP strongly recommends use of appropriately descriptive file names (e.g., "Program
Narrative," "Budget Narrative," "Memoranda of Understanding," etc.) for all attachments.
1. Information to Complete the Application for Federal Assistance (SF-424)
The SF-424 is a standard form required for use as a cover sheet for submission of pre -
applications, applicatinns, and related information. GMS takes information from the
applicant's profile to populate the fields on this form.
2. Abstract
Applicants must provide an abstract that includes the applicant's name, title of the project,
goals of the project, and a description of the strategies to be used. In addition, above or
below the abstract narrative, applicants must identify up to 5 project identifiers that would
be associated with proposed project activities. The list of all identifiers can be found at
www,bia.gov/Funding/JAGIdentifiers.pdf. The abstract should not exceed a half -page, or
400-500 words.
Failure to submit this required informationwill result in an application being returned
in the Grants Management System (GMS) for inclusion of the missing information OR
the attachment of a withholding of funds special condition at the time of award.
3. Program Narrative
Applicants must submit a program narrative that generally describes the proposed program
activities for the two or four year grant period. The narrative must outline the type of
programs to be funded by the JAG award and provide a brief analysis of the need for the
programs. Narratives must also identify anticipated coordination efforts involving JAG and
related justice funds. Certified disparate jurisdictions submitting a joint application must
specify the funding distribution to each disparate unit of local government and the purposes
for which the funds will be used.
Failure to submit this required information will result in an application being returned
in the Grants Management System (GMS) for inclusion of the missing information OR
the attachment of a withholding of funds special condition at the time of award.
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4. Budget and Budget Narrative
Applicants must submit a budget and budget narrative outlining how JAG funds, including
administrative funds if applicable, will be used to support and implement the program. This
narrative should include a full breakdown of administrative costs, as well as an overview of
how funds will be allocated across approved JAG purpose areas. Applicants should utilize
the following approved budget categories to label the requested administrative and/or sub -
grant expenditures: Personnel, Fringe Benefits, Travel, Equipment, Supplies,
Consultants/Contracts, and an Other category. For informational purposes only, a sample
budget form may be found at www.oip,usdoi.gov/funding/forms/budget detail.pdf.
Failure to submit this required information will result in an application being returned
in the Grants Management System (GMS) for inclusion of the missing information OR
the attachment of a withholding of funds special condition at the time of award.
5. Review Narrative
Applicants must submit information documenting that the date the JAG application was
made available for review by the governing body, or to an organization designated by that
governing body, not less than 30 days before the application was submitted to BJA. The
attachment must also specify that an opportunity to comment was provided to citizens prior
to application submission to the extent applicable law or established procedures make such
opportunity available.
Below are notification language templates that can be utilized in completing this
section of the application.
The (provide name of State/Territory) made its Fiscal Year 2013 JAG application available
to the (provide name of governing body) for its review and comment on (provide date); or
intends to do so on (provide date).
The (provide name of City/County for Local JAG and name of State for State JAG)
made its Fiscal Year 2013 JAG application available to citizens for comment prior to
application submission by (provide means of notification); or the application has not yet
been made available for public review/comment.
Failure to submit this required information will result in an application being returned
in the Grants Management System (GMS) for inclusion of the missing information OR
the attachment of a withholding of funds special condition at the time of award.
6. Tribal Authorizing Resolution (if applicable)
Tribes, tribal organizations, or third parties proposing to provide direct services or assistance
to residents on tribal lands should include in their applications a resolution, a letter, affidavit,
or other documentation, as appropriate, that certifies that the applicant has the legal
authority from the tribe(s) to implement the proposed project on tribal lands. In those
instances when an organization or consortium of tribes applies for a grant on behalf of a
tribe or multiple specific tribes, then the application should include appropriate legal
documentation, as described above, from all tribes that would receive services/assistance
under the grant. A consortium of tribes for which existing consortium bylaws allow action
without support from all tribes in the consortium (i.e., without an authorizing resolution or
comparable legal documentation from each tribal governing body) may submit, instead, a
copy of its consortium bylaws with the application.
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Applicants that are unable to submit with the application a fully -executed (i.e., signed) copy
of appropriate legal documentation, as described above, consistent with the applicable
tribe's governance structure, should, at minimum, submit an unsigned, draft version of such
legal documentation as part of its application (except in cases where, with respect to a tribal
consortium applicant, consortium bylaws allow action without the support of all consortium
member tribes). If selected for funding, use of and access to funds will be contingent on
receipt of the fully -executed legal documentation.
7. Additional Attachments
Jurisdictions certified as disparate must identify a fiscal agent that will submit a joint
application for the aggregate eligible allocation to all disparate municipalities. The joint
application must determine and specify the award distribution to each unit of local
government and the purposes for which the funds will be used. When beginning the JAG
application process, a Memorandum of Understanding (MOU) that identifies which
jurisdiction will serve as the applicant/fiscal agent for joint funds must be completed and
signed by the Authorized Representative for each participating jurisdiction. The signed MOU
must be attached to the application. For a sample MOU, go to
www.bla..qov/Funding/JAGMOU.pd .
Failure to submit this required information will result in an application being change
requested in the Grants Management System (GMS) for inclusion of the missing
information OR the attachment of a withholding special condition at the time of award
if time does not permit for a change request process.
8. Applicant Disclosure of Pending Applications
Applicants are to disclose whether they have pending applications for federally funded
assistance that include requests for funding to support the same project being proposed
under this solicitation and will cover the identical cost items outlined in the budget narrative
and worksheet in the application under this solicitation. The disclosure should include both
direct applications for federal funding (e.g., applications to federal agencies) and indirect
applications for such funding (e.g., applications to State agencies that will be subawarding
federal funds).
OJP seeks this information to help avoid any inappropriate duplication of funding.
Leveraging multiple funding sources in a complementary manner to implement
comprehensive programs or projects is encouraged and is not seen as inappropriate
duplication.
Applicants that have pending applications as described above are to provide the following
information about pending applications submitted within the last 12 months:
• the federal or state funding agency
• the solicitation name/project name
• the point of contact information at the applicable funding agency
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Federal or State
Solicitation
Name/Phone/E-mail for Point of Contact at Funding
Funding
Name/Project Name
Agency
Agency
b
DOJ/COPS
COPS Hiring Pre ram
cane Duel, =QA4OQO; janO.doe@usdoj.gov
HHS/ Substance
Drug Free Comm Mities
Jorin Doe, 202/000-000Q'16116:�hhs.gov
Abuse & Mental
Mentoring Program/
Health Services
North County Youth
Administration
Mentoring Program
Applicants should include the table as a separate attachment, with the File name "Disclosure
of Pending Applications," to their application. Applicants that do not have pending
applications as described -above are to include a statement to this effect in the separate
attachment page. (e.g., "[Applicant Name] does not have pending applications submitted
within the last 12 months for federally funded assistance that include requests for funding to
support the same project being proposed under this solicitation and will cover the identical
cost items outlined in the budget narrative and worksheet in the application under this
solicitation.")
9. Other Standard Forms
Additional forms that may be required in connection with an award are available on
OJP's funding page at www.oip.usdooi.ocovv/funding/forms.h mm. For successful applicants,
receipt of funds may be contingent upon submission of all necessary forms. Note in
particular the following forms:
a. Standard Assurances*
Applicants must read, certify, and submit this form in GMS prior to the receipt of any
award funds.
b. Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility
Matters; and Drug -Free Workplace Requirements*
Applicants must read, certify and submit in GMS prior to the receipt of any award funds.
c. Accounting System and Financial Capability Questionnaire
Any applicant (other than an individual) that is a non -governmental entity and that has
not received any award from OJP within the past 3 years must download, complete, and
submit this form.
*These OJP Standard Assurances and Certifications are forms which applicants accept in
GMS. They are not additional forms to be uploaded at the time of application submission.
Review Process
OJP is committed to ensuring a fair and open process for awarding grants. BJA reviews the
application to make sure that the information presented is reasonable, understandable,
measurable, and achievable, as well as consistent with the solicitation. Applications for formula
awards will be reviewed to ensure statutory requirements have been met.
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Absent explicit statutory authorization or written delegation of authority to the contrary, all final
grant award decisions will be made by the Assistant Attorney General will make all final award
decisions.
Additional Requirements
Applicants selected for awards must agree to comply with additional legal requirements upon
acceptance of an award. OJP encourages applicants to review the information pertaining to
these additional requirements prior to submitting an application. Additional information for each
requirement can be found at www.oip.usdoi.gov/funding/other requirements.htm.
• Civil Rights Compliance
• Civil Rights Compliance Specific to State Administering Agencies
• Faith -Based and Other Community Organizations
• Confidentiality
• Research and the Protection of Human Subjects
• Anti -Lobbying Act
• Financial and Government Audit Requirements
• National Environmental Policy Act (NEPA)
• DOJ Information Technology Standards (if applicable)
• Single Point of Contact Review
• Non -Supplanting of State or Local Funds
• Criminal Penalty for False Statements
• Compliance with Office of Justice Programs Financial Guide
• Suspension or Termination of Funding
• Nonprofit Organizations
• For -profit Organizations
• Government Performance and Results Act (GPRA)
• Rights in Intellectual Property
• Federal Funding Accountability and Transparency Act of 2006 (FFATA)
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• Awards in Excess of $5,000,000 — Federal Taxes Certification Requirement
• Policy and Guidance for Conference Approval, Planning, and Reporting
• OJP Training Guiding Principles for Grantees and Subgrantees
How To Apply
Applicants must submit applications through the Grants Management System (GMS), which
provides cradle to grave support for the application, award, and management of awards at OJP.
Applicants must register in GMS for each specific funding opportunity. Although the
registration and submission deadlines are the same, OJP urges applicants to register
immediately, especially if this is their first time using the system. Complete instructions on how
to register and submit an application in GMS can be found at www.oip.usdoi.gov/gmscbt/.
Applicants that experience technical difficulties during this process should e-mail
GMS.HeIpDesk(cD_usdoi.4ov or call 888-549-9901 (option 3), Monday — Friday from 6:00 a.m. to
midnight eastern time, except federal holidays. OJP recommends that applicants register
immediately to prevent delays in submitting an application package by the deadline.
All applicants should complete the following steps:
Acquire a Data Universal Numbering System (DUNS) number. In general, the Office of
Management and Budget requires that all applicants (other than individuals) for federal
funds include a DUNS number in their application for a new award or a supplement to an
existing award. A DUNS number is a unique nine -digit sequence recognized as the
universal standard for identifying and differentiating entities receiving federal funds. The
identifier is used for tracking purposes and to validate address and point of contact
information for federal assistance applicants, recipients, and subrecipients. The DUNS
number will be used throughout the grant life cycle. Obtaining a DUNS number is a free,
one-time activity. Call Dun and Bradstreet at 866-705-5711 to obtain a DUNS number or
apply online at www.dnb.com. A DUNS number is usually received within 1-2 business days.
2. Acquire registration with the System for Award Management (SAM). SAM replaces the
Central Contractor Registration (CCR) database as the repository for standard
information about federal financial assistance applicants, recipients, and subrecipients. OJP
requires that all applicants (other than individuals) for federal financial assistance maintain
current registrations in the SAM database. Applicants must update or renew their SAM
registration annually to maintain an active status.
Applicants that were previously registered in the CCR database must, at a minimum:
• Create a SAM account;
• Log in to SAM and migrate permissions to the SAM account (all the entity
registrations and records should already have been migrated).
Information about SAM registration procedures can be accessed at www.sam.gov.
3. Acquire a GMS username and password. New users must create a GMS profile by
selecting the "First Time User" link under the sign -in box of the GMS home page. For more
information on how to register in GMS, go to www.oip.usdoi.gov/gmscbt/.
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4. Verify the SAM registration in GMS, formerly CCR registration. OJP requests that all
applicants verify their SAM registration in GMS. Once logged into GMS, click the "CCR
Claim" link on the left side of the default screen. Click the submit button to verify the SAM
(formerly CCR) registration.
5. Search for the funding opportunity on GMS. After logging into GMS or completing the
GMS profile for username and password, go to the "Funding Opportunities" link on the left
side of the page. Select "Bureau of Justice Assistance" and the "Edward Byrne Memorial
Justice Assistance Grant (JAG) Program —Local Solicitation."
6. Register by selecting the "Apply Online" button associated with the solicitation title.
The search results from step 5 will display the solicitation title along with the registration and
application deadlines for this funding opportunity. Select the "Apply Online" button in the
"Action" column to register for this solicitation and create an application in the system.
7. Complete the Disclosure of Lobbying Activities, if applicable. Any applicant that
expends any funds for lobbying activities must provide the detailed information requested on
the form, Disclosure of Lobbying Activities (SF-LLL).
8. Follow the directions in GMS to submit an application consistent with this
solicitation. Once submitted, GMS will display a confirmation screen stating the submission
was successful. Important: In some instances, applicants must wait for GMS approval
before they can submit an application. OJP urges applicants to submit the application at
least 72 hours prior to the due date of the application.
Note: GMS does not accept executable file types as application attachments. These
disallowed file types include, but are not limited to, the following extensions: ".com," ".bat,"
".exe," ".vbs," ".cfg," ".dat," "Ab,' ".dbf," "All," ".ini," ".log," ".ora," ".sys," and ".zip."
Note: Duplicate Applications
If an applicant submits multiple versions of an application, BJA will review the most recent
version submitted.
Experiencing Unforeseen GMS Technical Issues
Applicants that experience unforeseen GMS technical issues beyond their control that prevent
them from submitting their application by the deadline, must e-mail the BJA Programs Office
staff within 24 hours after the application deadline and request approval to submit their
application. The e-mail must describe the technical difficulties and include a timeline of the
applicant's submission efforts, the complete grant application, the applicant's DUNS number,
and any GMS Help Desk or SAM tracking number(s). Note: BJA does not automatically
approve requests. After the program office reviews the submission, and contacts the GMS
Help Desk to validate the reported technical issues, OJP will inform the applicant whether the
request to submit a late application has been approved or denied. If the technical issues
reported cannot be validated, the application will be rejected as untimely.
The following conditions are not valid reasons to permit late submissions: (1) failure to register
in sufficient time, (2) failure to follow GMS instructions on how to register and apply as posted
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on its Web site, (3) failure to follow each instruction in the OJP solicitation, and (4) technical
issues with the applicant's computer or information technology environment, including firewalls.
Notifications regarding known technical problems with GMS, if any, are posted at the top
of the OJP funding Web page at www.oip.usdoi.-gov/funding/solicitations.htm.
Provide Feedback to OJP on This Solicitation
To assist OJP in improving its application and award processes, we encourage applicants to
provide feedback on this solicitation, the application submission process, and/or the application
review/peer review process. Feedback may be provided to
OJPSoIicitationFeed back(cD-usdo'i aov.
IMPORTANT: This email is for feedback and suggestions only. Replies are not sent from this
mailbox. If you have specific questions on any program or technical aspect of the solicitation,
you must directly contact the appropriate number or email listed on the front of this solicitation
document. These contacts are provided to help ensure that you can directly reach an individual
who can address your specific questions in a timely manner.
If you are interested in being a reviewer for other OJP grant applications, please email your
resume to oippeerreview(o-)-lmbps.com. The OJP Solicitation Feedback email account will not
forward your resume. Note: Neither you nor anyone else from your organization can be a peer
reviewer in a competition in which you or your organization have submitted an application.
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Application Checklist
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
FY 2013 Local Solicitation
The application checklist has been created to assist in developing an application.
Eligibility Requirement:
Jurisdiction listed as the legal name on the application corresponds with the eligible
jurisdiction listed on BJA's JAG web page
Federal amount requested is within the allowable limit of the FY 2013 JAG
Allocations List as listed on BJA's JAG web page
What an Application Should Include:
Application for Federal Assistance (SF-424) (see page 14)
Abstract (see page 15)
Program Narrative (see page 14)
Budget and Budget Narrative (see page 15)
Review Narrative (see page 15)
Applicant Disclosure of Pending Applications (see page 16)
Other Standard Forms, if applicable (see page 17)
DUNS Number (see page 19)
SAM Registration (see page 19)
Disclosure of Lobbying Activities, if applicable (SF-LLL) (see page 20)
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WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2013-296
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
g.
Originator:
PJ
5/20/13
�, I
lam, C l� � � l'=� i-`=�
9/10/13
Finance
Division Head:
SEP 0 3 2013
9/10/13
Council
Dept. Head:
WHATCOM COUNTY
Prosecutor:
ELG
8/15/13
mdc
8/12/13
Purchasing/Budget:
COUNCIL
Executive:
TITLE OF DOCUNMNY. Contract with Sea Mar Community Health Centers for outpatient substance abuse services
ATTACHMENTS:
1. Memo
2. Agenda Bill & Contract Info Sheet
3. Two copies of Contract
SEPA review required? ( ) Yes ( X ) NO
Should Clerk schedule a hearing ? ( ) Yes (X ) NO
SEPA review completed? ( ) Yes ( X ) NO
Requested Date:
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public
hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as
appropriate. Be clear in explaining the intent of the action.)
This contract provides outpatient substance abuse treatment services to low income
individuals. Total compensation will vary depending on the number of services provided.
Service levels are pre -authorized by the Health Department and are monitored on a
monthly basis. Based on contractor performance on similar contracts in the past, it's
estimated that this contract will be funded at approximately $203,000 per year.
COMMITTEE ACTION:
COUNCIL ACTION:
Related County Contract #:
Related File Numbers:
Ordinance or Resolution Number:
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's
website at: www.co.whatcom.wa.us/council.
al
WHATCOM COUNTY GpM �o Regina A. Delahunt
Health DEPT. �P` oti Director
509 Girard St.
Bellingham, WA 98225
RECEIVED
9SH1N�+�O
MEMORANDUM A1.]G 2 8 2 01 31
TO: Jack Louws, County Executive JACK LOUWS
EXECUTIVE
FROM: Regina A. Delahunt
RE: Contract with Sea Mar Community Health Centers for Outpatient Substance
Abuse Services
DATE: August 16, 2013
Enclosed are two (2) originals of a contract between Whatcom County and Sea Mar
Community Health Centers for your review and signature.
■ Background and Purpose
This contract provides outpatient substance abuse treatment services to low income
individuals. Research demonstrates that retention in treatment is associated with better long
term recovery. Chemical dependency treatment agencies are involved in a statewide effort
to improve retention rates. The retention rate for Whatcom County funded services is 66.7 %
which currently exceeds the state median.
■ Funding Amount and Source
This contract is funded by the Washington Department of Social and Health Services,
Division of Behavioral Health and Recovery (DBHR) and local Chemical
Dependency/Mental Health Program Funds. Payment is structured on a fee -for -service
basis. Total compensation will vary depending on the number of services provided. Service
levels are pre -authorized by the Health Department and are monitored on a monthly basis.
Based on contractor performance on similar contracts in the past, it's estimated that this
contract will be funded at approximately $203,000 per year and is included in the current
budget. The contract is being issued pursuant to RFQ #13-25. County Council approval is
required, and an Agenda Bill is enclosed.
■ Differences from Previous Contract
This is a new contract.
Please contact Jackie Mitchell at extension 32017, if you have any questions or concerns
regarding the terms of this agreement,
Encl.
41
WHATCOM COUNTY CONTRACT
INFORMATION SHEET
Whatcom County
Contract No.
Originating Department:
Health
Contract Administrator:
Jackie Mitchell
Contractor's / Agency Name:
Sea Mar Community Health Centers
Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract?
Yes X No Yes No If yes, previous number(s):
Is this a grant agreement?
Yes _ No X_ If yes, grantor agency contract number(s)
CFDA number
Is this contract grant funded?
Yes X No If yes, associated Whatcom County grant contract number(s) DBHR Contract in Process
Is this contract the result of a RFP or Bid process? Contract
Yes X No If yes, RFP and Bid number(s) 13-26 Cost Center: 675400/24100
Is this contract excluded from E-Verify? No _ Yes X
If no, include Attachment D Contractor Declaration Form If yes, indicate qualified exclusion(s) below:
Contract less than $100,000. X Professional services agreement for certified/licensed professional
Work is for less than 120 days Contract for Commercial off the shelf items (COTS)
Interlocal Agreement (between Govt.) Public Works Dept. - Local Agency/Federally Funded FHWA
Contract Amount:(sum of orig contract amt and
If a Professional Services Agreement is more than $15,000 or a Bid is more than
any prior amendments)
$35,000, please submit an Agenda Bill for Council approval and a supporting
memo. Any amendment that provides either a 10% increase in amount or more
As per authorization
than $10,000, whichever is greater, must also go to Council and will need an
agenda bill and supporting memo. If less than these thresholds, just submit to
Executive with supporting memo for approval.
Scope of Services: [insert language from contract (Exhibit A) or summarize; expand space as necessary]
This contract provides outpatient substance abuse treatment services to low income residents.
Term of Contract: Two Years
I Expiration Date: 09/30/2015
Contract Routing Steps & Si ng off: [sign or initial]
[indicate date transmitted]
1. Prepared by: Pi
Date 5/20/13 [electronic]
2. Attorney reviewed: ELG
Date 8/15/13 [electronic]
3. AS Finance reviewed: mdc
Date 8/ 12/ 13 [electronic]
4. IT reviewed if IT related
Date [electronic]
5. Corrections made:
_
Date [electronic] hard copy
6. Attorney signoff: w
Date f 1 °
7. Contractor signed: V U
Date "' -;2-1 --/ 3
8. Submitted to Exec Office ..--
Date -- [summary via electronic;
Date
10. Council approved (if necessary) Date
11. Executive signed: Date
12, Contractor Original Returned to dept; Date
13. County Original to Council Date
printed
hardcopies]
42
s� Whatcom County Contract No.
CONTRACT FOR SERVICES AGREEMENT
Substance Abuse Treatment Services
Sea Mar Community Health Centers, hereinafter called Contractor, and Whatcom County, hereinafter referred to as County, agree and
contract as set forth in this Agreement, including:
General Conditions, pp. 3 to S
Exhibit A (Scope of Work), p. 9 ,
Exhibit B (Compensation), pp. 10 to
Exhibit C (Outpatient Substance Abuse Service Rates), p. 12
Exhibit D (Certificate of Insurance), p. 13 .
Copies of these items are attached hereto and incorporated herein by this reference as if fully set forth herein.
The term of this Agreement shall commence on the 1st day of October, 2013, and shall, unless terminated or renewed as elsewhere provided in
the Agreement, terminate on the 30tn of September, 2015.
The general purpose or objective of this Agreement is to provide outpatient substance abuse treatment services, as more fully and
definitively described in Exhibit A hereto. The language of Exhibit A controls in case of any conflict between it and that provided here.
The maximum consideration for the initial term of this agreement or for any renewal term will vary, depending upon the number of services
provided. The Contract Number, set forth above, shall be included on all billings or correspondence in connection therewith.
Contractor acknowledges and by signing this contract agrees that the Indemnification provisions set forth in Paragraphs 11.1, 21.1, 30.1, 31.2,
32.1, 34.2, and 34.3, if included, are totally and fully part of this contract and have been mutually negotiated by the parties.
IN WITNESS WHEREOF, the parties have executed this Agreement this day of 2013.
CONTRACTOR:
Sea Mar Communit� ealth Centers' XI
-• 9
ogelio Riojas, Executi. Director
STATE OF WASHINGTON )
ss.
COUNTY OF `, el
On�is Z3 day of J %A 013, before me personally appeared to me known to be the
(title) of Sea Mar Community Health Centers and who a eck uteri the above instrument and who
acknowledged to me the act of signing and sealing thereof.
NOTARY PUBLIC in and fo-r-ft*,04te—otAt6ihington residing at
Q$
"� ,._._..... My commission expires Ve 20//
_,
�0
uq,
HL_100113_Sea_Mar Community_Health_Center_Outpatient_Substance Abuse_Treatment_Services Page 1
43
WHATCOM COUNTY:
Recommended for Approval:
rl
� -�
ti
b
Anne b6acon, Human Services Manager ' Datef
lc,0� e,�1
Regin A lahunt, Health Department Director Date
Approved as to form:
1-+! 13
Elizabeth L. Gall , ProsecIting Attorney Date
Approved:
Accepted for Whatcom County:
By:
Jack Louws, Whatcom County Executive
STATE OF WASHINGTON )
) ss
COUNTY OF WHATCOM )
On this day of , 2013, before me personally appeared Jack Louws, to me known to be the Executive of
Whatcom County, who executed the above instrument and who acknowledged to me the act of signing and sealing thereof.
NOTARY PUBLIC in and for the State of Washington, residing at
. My commission expires
CONTRACTOR INFORMATION:
Sea Mar Community Health Centers
1040 South Henderson St.
Seattle, WA 98108
206-763-5277
rogeliorio'as seamarchc.crq
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E,
GENERAL CONDITIONS
Series 00-09: Provisions Related to Scope and Nature of Services
0.1 Scope of Services:
The Contractor agrees to provide to the County services and any materials as set forth in the project narrative identified as Exhibit "A",
during the agreement period. No material, labor, or facilities will be furnished by the County, unless otherwise provided for in the
Agreement,
Series 10-19: Provisions Related to Term and Termination
10.1 Term:
Services provided by Contractor prior to or after the term of this contract shall be performed at the expense of Contractor and are not
compensable under this contract unless both parties hereto agree to such provision in writing. The term of this Agreement may be
extended by mutual agreement of the parties; provided, however, that the Agreement is in writing and signed by both parties.
10.2 Extension:
The duration of this Agreement may be extended by mutual written consent of the parties, for a period of up to two years, and for a total
of no longer than four years.
11.1 Termination for Default:
if the Contractor defaults by failing to perform any of the obligations of the contract or becomes insolvent or is declared bankrupt or
commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, the County may, by depositing written
notice to the Contractor in the U.S. mail, first class postage prepaid, terminate the contract, and at the County's option, obtain
performance of the work elsewhere. Termination shall be effective upon Contractor's receipt of the written notice, or within three (3)
days of the mailing of the notice, whichever occurs first. If the contract is terminated for default, the Contractor shall not be entitled to
receive any further payments under the contract until all work called for has been fully performed. Any extra cost or damage to the
County resulting from such default(s) shall be deducted from any money due or coming due to the Contractor. The Contractor shall
bear any extra expenses incurred by the County in completing the work, including all increased costs for completing the work, and all
damage sustained, or which may be sustained by the County by reason of such default,
11.2 Termination for Reduction in Funding:
In the event that funding from State, Federal or other sources is withdrawn, reduced, or limited in any way after the effective date of this
Agreement, and prior to its normal completion, the County may summarily terminate this Agreement as to the funds withdrawn,
reduced, or limited, notwithstanding any other termination provisions of this Agreement. If the level of funding withdrawn, reduced or
limited is so great that the County deems that the continuation of the programs covered by this Agreement is no longer in the best
interest of the County, the County may summarily terminate this Agreement in whole, notwithstanding any other termination provisions
of this Agreement. Termination under this section shall be effective upon receipt of written notice as specified herein, or within three
days of the mailing of the notice, whichever occurs first.
11.3 Termination for Public Convenience:
The County may terminate the Agreement in whole or in part whenever the County determines, in its sole discretion, that such
termination is in the interests of the County. Whenever the Agreement is -terminated in accordance with this paragraph, the Contractor
shall be entitled to payment for actual work performed at unit contract prices for completed items of work. An equitable adjustment in
the contract price for partially completed items of work will be made, but such adjustment shall not include provision for loss of
anticipated profit on deleted or uncompleted work. Termination of this Agreement by the County at any time during the term, whether
for default or convenience, shall not constitute breach of contract by the County.
Series 20-29: Provisions Related to Consideration and Payments
20.1 Accounting and Payment for Contractor Services:
Payment to the Contractor for services rendered under this Agreement shall be as set forth in Exhibit "B." Where Exhibit "B" requires
payments by the County, payment shall be based upon written claims supported, unless otherwise provided in Exhibit "B," by
documentation of units of work actually performed and amounts earned, including, where appropriate, the actual number of days
worked each month, total number of hours for the month, and the total dollar payment requested, so as to comply with municipal
auditing requirements.
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Unless specifically stated in Exhibit "B" or approved in writing in advance by the official executing this Agreement for the County or his
designee (hereinafter referred to as the "Administrative Officer") the County will not reimburse the Contractor for any costs or expenses
incurred by the Contractor in the performance of this contract. Where required, the County shall, upon receipt of appropriate
documentation, compensate the Contractor, no more often than monthly, in accordance with the County's customary procedures,
pursuant to the fee schedule set forth in Exhibit 'B."
21.1 Taxes:
The Contractor understands and acknowledges that the County will not withhold Federal or State income taxes. Where required by
State or Federal law, the Contractor authorizes the County to withhold for any taxes other than income taxes (i.e., Medicare). All
compensation received by the Contractor will be reported to the Internal Revenue Service at the end of the calendar year in accordance
with the applicable IRS regulations. It is the responsibility of the Contractor to make the necessary estimated tax payments throughout
the year, if any, and the Contractor is solely liable for any tax obligation arising from the Contractor's performance of this Agreement.
The Contractor hereby agrees to indemnify the County against any demand to pay taxes arising from the Contractor's failure to pay
taxes on compensation earned pursuant to this Agreement.
The County will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The Contractor must
pay all other taxes, including, but not limited to, Business and Occupation Tax, taxes based on the Contractor's gross or net income, or
personal property to which the County does not hold title. The County is exempt from Federal Excise Tax.
22.1 Withholding Payment:
In the event the County's Administrative Officer determines that the Contractor has failed to perform any obligation under this
Agreement within the times set forth in this Agreement, then the County may withhold from amounts otherwise due and payable to
Contractor the amount determined by the County as necessary to cure the default, until the Administrative Officer determines that such
failure to perform has been cured. Withholding under this clause shall not be deemed a breach entitling Contractor to termination or
damages, provided that the County promptly gives notice in writing to the Contractor of the nature of the default or failure to perform,
and in no case more than 10 days after it determines to withhold amounts otherwise due. A determination of the Administrative Officer
set forth in a notice to the Contractor of the action required and/or the amount required to cure any alleged failure to perform shall be
deemed conclusive, except to the extent that the Contractor acts within the times and in strict accord with the provisions of the Disputes
clause of this Agreement. The County may act in accordance with any determination of the Administrative Officer which has become
conclusive under this clause, without prejudice to any other remedy under the Agreement, to take all or any of the following actions: (1)
cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the Contractor, (3) to
set off any amount so paid or incurred from amounts due or to become due the Contractor. In the event the Contractor obtains relief
upon a claim under the Disputes clause, no penalty or damages shall accrue to Contractor by reason of good faith withholding by the
County under this clause.
23A Labor Standards:
The Contractor agrees to comply with all applicable state and federal requirements, including but not limited to those pertaining to
payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with
Disabilities Act of 1990; the Davis -Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of
prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under
conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the
Federal Secretary of Labor and the State of Washington.
Series 30-39. Provisions Related to Administration of Agreement
30.1 Independent Contractor:
The Contractor's services shall be furnished by the Contractor as an independent contractor, and nothing herein contained shall be
construed to create a relationship of employer -employee or master -servant, but all payments made hereunder and all services
performed shall be made and performed pursuant to this Agreement by the Contractor as an independent contractor.
The Contractor acknowledges that the entire compensation for this Agreement is specified in Exhibit "B" and the Contractor is not
entitled to any benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance
benefits, or any other rights or privileges afforded to employees of the County. The Contractor represents that he/she/it maintains a
separate place of business, serves clients other than the County, will report all income and expense accrued under this contract to the
Internal Revenue Service, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use
and Business and Occupation taxes collected by the State of Washington.
Contractor will defend, indemnify and hold harmless the County, its officers, agents or employees from any loss or expense, including,
but not limited to, settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach
of the provisions of this paragraph.
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