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Home My WebLink AboutCity Council Committees - Public Safety (Committee) - 05/14/2013 (3) Public Safety Committee Agenda T Councilmembers: Les Thomas • Dana Ralph • Bill Boyce, Chair (CEN wa�,an�.n May 14, 2013 5:30 p.m. Item Description Action Speaker(s) Time Paqe 1. Approval of March 12, 2013 minutes Yes Bill Boyce 5 min 1 2. School speed zone traffic safety Yes Sergeant Constant 15 min 4 camera Ordinance amending KCC 9.36 Pat Fitzpatrick 3. School speed zone traffic safety camera Yes Pat Fitzpatrick 5 min 18 contract with American Traffic Solutions 4. Traffic safety school Ordinance amending Yes Pat Fitzpatrick 5 min 37 KCC 9.36 5. DSHS Youth alcohol prevention grant Yes Stacy Judd 5 min 43 6. Drug Free Coalition — Information Only Yes Stacy Judd 10 min 50 Youth Board Member 7. WTSC Target Zero manager funding grant Yes Chief Thomas 5 min 51 S. Fiscal Year 2012 Bureau Justice Assistance Yes Assistant Chief Straus 5 min 65 grant 9. Inmate phone services No Commander McCuistion 5 min 89 INFORMATION ONLY Unless otherwise noted, the Public Safety Committee meets the 2ntl Tuesday of each month at 5:30 p.m. in Council Chambers East, Kent City Hall, 220 4th Avenue South, Kent, 98032-5895. For information please contact Kim Komoto (253) 856-5788. Any person requiring a disability accommodation should contact the City Clerk's Office at(253) 856-5725 in advance. For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388. 1 • 1KENT WA$xi NGTON CITY OF KENT PUBLIC SAFETY COMMITTEE MEETING MINUTES March 12, 2013 COMMITTEE MEMBERS: Les Thomas, Dana Ralph, and William Boyce, Chair. The meeting was called to order by Council Chair William Boyce at 5:30 p.m. 1. Approval of Minutes Councilmember Thomas MOVED and Councilmember Ralph SECONDED a Motion to approve the February 12, 2013 minutes. Motion PASSED 3-0. 2. Ordinance amending KCC 9.02.230 "Public Facility — Illegal activity — Exclusion" Assistant City Attorney David Galazin presented information regarding the extent to which try to define public facility assemblage. Worked with parks on geographically grouping assemblage areas. Also targeting specific, repeated behavior in areas. If people repeatedly do illegal activities, they should be prohibited from returning. Public urination was added to ordinance as an illegal activity and the timeframe for which exclusion could be imposed. Councilmember Boyce questioned the identification of public facilities. Galazin indicated that certain areas don't qualify as public facilities, i.e., sidewalks. People have a right to travel on public thoroughfares, but if you do an illegal activity within the public facility, you can be excluded. Councilmember Thomas questioned the Uplands Playfield location since he believed it was the old Borden playfield site. Pat Fitzpatrick indicated that the Uplands Playfield is the skate park located adjacent to the railroad tracks. After deliberating, Councilmember Ralph MOVED and Councilmember Thomas SECONDED a Motion to recommend adoption of the ordinance amending Chapter 9.02.230 of the Kent City Code, entitled, "Public Facility — Illegal activity — Exclusion," adding to the list of activities that warrant exclusion, and defines and identifies public facility assemblages to which exclusion orders apply. Motion PASSED _3-0. 3. Photo Traffic Enforcement in School Zones - Information Only Sergeant Robert Constant provided an update indicating that he participated in multiple meetings with city attorney's office in addition to contacting local vendors. He has compiled a list of requirements to send to potential vendors to see if they can meet the needs of city so that the determination can be made as to whether or not a request for proposal needs to be prepared. Sergeant Constant, Police Chief Ken Thomas, and Finance Director Robert Nachlinger are meeting tomorrow to discuss the structure of the funds. Councilmember Ralph has indicated she desires that and funds generated will remain in the police department so that the costs to run the program can be covered and that any additional funds remain in the police department and be allocated to public safety, Councilmember Thomas questioned why Millennium elementary is listed as a potential school. Sergeant Constant indicated that the cameras for Millennium would be located off 124th Avenue Public Safety Committee Minutes March 12, 2013 1 2 S.E. and S.E. 272"d - a major street. The cameras for Kentridge would be located at S.E. 208th and 124th — a five lane roadway. Once the vendor is selected a feasibility study will be completed to determine the school locations that will have the cameras. The study will identify locations based on the needs for city standards and state requirements. Councilmember Ralph questioned the fee structure and how they have been determined. Sergeant Constant indicated that the minimum fine set by the State is $124. Chapter 46.61.440 RCW, specifies that, if found guilty of school zone violation, the fine is automatically doubled making the fine $247 — there is no option for diversion. The city's proposed $124 fine is the same as a regular speeding fine and would be the most manageable position. If the violation is for at least 11 mph over the posted speed limit, the statutorily required fine would be $248, so the city's $225 fine is appropriate and is comparable to surrounding cities. Councilmember Boyce asked about the next steps. Sergeant Constant indicated that if they expect to implement the program by the fall (the start of the next school year), they will need to identify the vendors) and make a determination as to whether or not a Request for Proposal is appropriate. If only one vendor meets the city's requirements, then we can move forward with that one vendor streamlining the process. The feasibility study will be performed in April and May so that it can be completed prior to the end of the current school year. Deputy City Attorney, Pat Fitzpatrick, requested direction from the committee. Council member Boyce indicated that an ordinance be presented at the April Public Safety Committee so that it can be approved and sent to the full council. The law department can work on preparing an RFP or sole source memorandum so they are ready to go once the ordinance is passed. Councilmember Thomas suggested bringing the ordinance to council under Other Business 4. Jail Updates — Information Only Commander Diane McCuistion provided updates from 2012 including: staff changes, operational changes, community partnerships, and contractual information: Staff Changes • Commander change Curt Lutz left to Chelan County Jail - a 27 year career with Kent Jail (17 as Cmdr) Diane McCuistion - promoted through a promotional process • Sergeant change :• Travis Reed - was promoted to Sergeant Reed • Programs Sergeant change Gin! Griesbach was promoted to Programs Sergeant • Programs Work Crew Coordinator Matt Crawford - received the position • Two Corrections Officers were hired Andrew Reed - replace Eric Vance who is now a patrol officer for Enumclaw James Chapman — replace Sergeant Reed's spot due to Commander Lutz leaving Operational changes: • Safety was a priority in 2012 We enhanced our security system by adding additional cameras and an 8 channel DVR recorder One camera was added on the roof - view the court entrance and the back of the jail One camera by control - view the entrance to medical, the kitchen and laundry room :• The final camera was added - in the contact visiting room to enhance civilian safety :• This project was grant funded • Cuff ports — added to all of the lower tear of C-unit (5-cells) Public Safety Committee Minutes March 12, 2013 2 3 Created more secure holding for mental ill, and max status inmates • Restored security lights on the roof of the jail Better visibility for staff to monitor • Two Additional Tasers were purchased from patrol Increased the amount of Tasers available for officers • Five new radios were purchased e• Each officer is assigned a radio This purchase was grant funded (INS funds) Community Partnerships: (Work Crew Coordinator and Inmates assisted) • Auburn Food Bank - breakfast fund raiser • Kent Food Bank - breakfast fund raiser • Cornucopia Days - garbage pickup and assisted with event setup and takedown • Kent Kiwanis - food stand assistance • Kent Lyons - (farmers market and Christmas lighting parade) setup, takedown and garbage pickup • Tahoma National Cemetery - Veterans Day and Memorial Day event assistance • KPD -homeless camps, graffiti removal, emissions building and training center grounds cleanup • New Connection - Building and grounds cleanup Contractual information: • Renewed Chelan County Jail contract For population management (if needed) • Maple Valley Contract Two beds are contracted for Maple Valley inmates Generates $84,000.00 a year in revenue for the city • Criminal Justice Training Center Contracts our work crew services Assistant Chief Jon Straus indicated that Commander McCuistion has been doing an excellent job. As the budget improves, the police department will review the staffing at corrections and may be in a position to add additional corrections officers to improve safety. Additionally, City staff have met with the VERA Institute and asked the committee to consider having the Institute present at a Public Safety Committee meeting in May or June. Adiournment Councilmember Thomas adjourned the meeting at 5:59 p.m. Kim A. Komoto Public Safety Committee Minutes March 12, 2013 3 4 POLICE DEPARTMENT � Ken Thomas, Chief of Police KENT Phone: 253-856-5800 Fax: 253-856-6802 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: May 14, 2013 TO: Public Safety Committee SUBJECT: School speed zone traffic safety cameras - ORDINANCE MOTION: Recommend adoption of the ordinance amending Chapter 9.36 of the Kent City Code by adding the new Section 9.36.140, entitled, "School speed zone traffic safety cameras." SUMMARY: School speed zones are located in areas occupied by a high number of pedestrians, especially before, during and after school, and driver inattention and speeding can have devastating consequences. The strategic placement of automated traffic safety cameras at school zones has been shown to reduce vehicle speeds, thereby reducing the risks to pedestrians. RCW 46.63.170 authorizes local jurisdictions to use cameras to enforce speed limits in school speed zones. Pursuant to RCW 46.63.170, this ordinance establishes the City's use of the cameras in school speed zones, and sets forth the restrictions, public notice, and signage requirements, as well as the processing and procedural requirements for use of the cameras. The ordinance also establishes the fines for violations of school speed zones that are detected with cameras. As required by RCW 46.63.170, the City's Public Works Department performed an analysis of the school speed zones located at Horizon Elementary School, Meridian Elementary School, Millennium Elementary School, Neely O'Brien Elementary School, Springbrook Elementary School, and Sunrise Elementary School. A summary of the analysis of these school speed zones is attached to the ordinance as Exhibit A. Staff is recommending that, subject to an additional confirming analysis, cameras be located at Sunrise and Neely O'Brien Elementary Schools, and that locating cameras at other school zones be considered at a later date after the program is up and running. Funds derived from the use of the cameras will be used to cover the costs of administering the program. Excess funds will be used for traffic safety-related purposes. EXHIBITS: Ordinance with exhibit, document entitled School speed zone traffic safety cameras. Budget Impact: Some revenue is anticipated 5 ORDINANCE NO. AN ORDINANCE of the City Council of the city of Kent, Washington, amending Chapter 9.36 of the Kent City Code, entitled "Traffic Code" by adding a new section 9.36.140, entitled "School speed zone traffic safety cameras," authorizing use of automated traffic cameras to detect school speed zone violations; adopting the statutory standards and restrictions regarding use of automated traffic safety cameras; and setting the monetary penalty for infractions detected by an automated traffic safety camera. RECITALS A. School speed zones are located in areas occupied by a high number of pedestrians, especially before, during and after school, and driver inattention and speeding can have devastating consequences. B. The strategic placement of automated traffic safety cameras at school zones has been shown to reduce vehicle speeds, thereby reducing the risks to pedestrians. C. The city of Kent has numerous school zones that would benefit from the placement of automated traffic safety cameras. 1 KCC 9.36.140 School Speed Zone Traffic Safety Cameras Ordinance 6 D. RCW 46.63.170 authorizes local jurisdictions to use automated traffic safety cameras to enforce speed limits in school speed zones. E. Pursuant to RCW 46.63.170, this ordinance establishes the City's use of automated traffic safety cameras in school speed zones, and sets forth the restrictions, public notice, and signage requirements, as well as the processing and procedural requirements for use of the automated traffic safety cameras in school speed zones. F. As required by RCW 46.63.170, the City's Public Works Department performed an analysis of the school speed zones located at Horizon Elementary School, Meridian Elementary School, Millennium Elementary School, Neely O'Brien Elementary School, Springbrook Elementary School, and Sunrise Elementary School. A summary of the analysis of these school speed zones is attached hereto as Exhibit A. G. Funds derived from the use of automated traffic safety cameras in school speed zones shall be used to cover the costs of administering the program. Funds in excess of those used to cover the costs of administering the program shall be utilized for traffic safety- related purposes. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: 2 KCC 9.36.140 School Speed Zone Traffic Safety Cameras Ordinance 7 ORDINANCE SECTION 1. - Amendment. Chapter 9.36 of the Kent City Code, entitled "Traffic Code," is amended by adding a new section 9.36.140 entitled, "School speed zone traffic safety cameras," as follows: Sec. 9.36.140. School speed zone traffic safety cameras. A. Authorized Use of Automated Traffic Safety Cameras. Pursuant to the authority of RCW 46.63.170, the city is authorized to use automated traffic safety cameras and related automated systems in order to detect, record, and enforce and prosecute school speed zone violations. B. Limitation on Photos - Use of Photos. 1. Limitation on Photos. Automated traffic safety cameras may only take pictures of the vehicle and vehicle license plate and only while an infraction is occurring. The picture must not reveal the face of the driver or of passengers in the vehicle. 2. Use of Photos. Notwithstanding any other provision of law, all photographs, microphotographs, or electronic images prepared under this section are for the exclusive use of law enforcement in the discharge of duties under this section and are not open to the public and may not be used in a court in a pending action or proceeding unless the action or proceeding relates to a violation under this section. No photograph, microphotograph, or electronic image may be used for any purpose other than enforcement of violations under this section nor retained longer than necessary to enforce this section. 3 KCC 9.36.140 School Speed Zone Traffic Safety Cameras Ordinance 8 C. Infraction Processing — Responsibilities - Presumption. 1. In General. Infractions detected through the use of automated traffic safety cameras are not part of the registered owner's driving record under RCW 46.52.101 and 46.52.120. Additionally, infractions generated by the use of automated traffic safety cameras shall be processed in the same manner as parking infractions, including for the purposes of RCW 3.50.100, 35.20.220, 46.16A.120, and 46.20.270(3). 2. Notice of Infraction. A notice of infraction must be mailed to the registered owner of the vehicle within fourteen days of the violation, or to the renter of a vehicle within fourteen days of establishing the renter's name and address under subsection CA of this section. The law enforcement officer issuing the notice of infraction shall include with it a certificate or facsimile thereof, based upon inspection of photographs, microphotographs, or electronic images produced by an automated traffic safety camera, stating the facts supporting the notice of infraction. This certificate or facsimile is prima facie evidence of the facts contained in it and is admissible in a proceeding charging a violation under this section. Any citation or notice of infraction issued pursuant to this section may be initiated by electronic signature of the issuing police officer. The photographs, microphotographs, or electronic images evidencing the violation must be available for inspection and admission into evidence in a proceeding to adjudicate the liability for the infraction. A person receiving a notice of infraction based on evidence detected by an automated traffic safety camera may respond to the notice by mail. 3. Registered Owner Responsible — Rental Car Business. The registered owner of a vehicle is responsible for an infraction issued pursuant to this section unless the registered owner overcomes the presumption in subsection C.5 of this section, or, in the case of a rental 4 KCC 9.36.140 School Speed Zone Traffic Safety Cameras Ordinance 9 car business, satisfies the conditions under subsection CA of this section. If appropriate under the circumstances, a renter identified under subsection CA of this section is responsible for an infraction. 4. Rental Cars. If the registered owner of the vehicle is a rental car business, the law enforcement agency shall, before a notice of infraction is issued under this section, provide a written notice to the rental car business that a notice of infraction may be issued to the rental car business if the rental car business does not, within eighteen days of receiving the written notice, provide to the issuing agency by return mail: a. A statement under oath stating the name and known mailing address of the individual driving or renting the vehicle when the infraction occurred; or b. A statement under oath that the business is unable to determine who was driving or renting the vehicle at the time the infraction occurred because the vehicle was stolen at the time of the infraction. A statement provided under this subsection must be accompanied by a copy of a filed police report regarding the vehicle theft; or C. In lieu of identifying the vehicle operator, the rental car business may pay the applicable penalty. Timely mailing of the statements described in subsections C.4.a and C.4.b to the issuing law enforcement agency relieves a rental car business of any liability under this section for the notice of infraction. 5. Presumption. Pursuant to RCW 46.63.075, in a traffic infraction case involving an infraction detected through the use of an automated traffic safety camera under this section, proof that the 5 KCC 9.36.140 School Speed Zone Traffic Safety Cameras Ordinance 10 particular vehicle described in the notice of traffic infraction was in violation of a law enforced through the use of the automated traffic safety camera, together with proof that the person named in the notice of traffic infraction was at the time of the violation the registered owner of the vehicle, constitutes in evidence a prima facie presumption that the registered owner of the vehicle was the person in control of the vehicle at the point where, and for the time during which, the violation occurred. This presumption may be overcome only if the registered owner states, under oath, in a written statement to the court or in testimony before the court that the vehicle involved was, at the time, stolen or in the care, custody, or control of some person other than the registered owner. D. Penalty. It shall be an infraction to exceed the posted speed limit in a school speed zone enforced through the use of an automated traffic safety camera. The penalty for an infraction committed in a school speed zone which is detected through the use of an automated traffic safety camera shall be $124.00 for a violation in which the vehicle was operated over five miles per hour over the speed limit; provided a violation in which the vehicle was operated over ten miles per hour over the speed limit shall be $248.00. In addition to the fines provided herein, a violator shall be assessed any costs and assessments as required or permitted by state law or court rule. E. Signs — Payment to Vendor — Alternative Enforcement. 1. School Zones Must be Signed. All locations where an automated traffic safety camera is used must be clearly marked at least thirty days prior to activation of the camera by placing signs in locations that clearly indicate to a driver that he or she is entering a zone where traffic laws are enforced by an automated traffic safety camera. 6 KCC 9.36.140 School Speed Zone Traffic Safety Cameras Ordinance 11 2. Payment Made to Vendor. The compensation paid by the city to the manufacturer or vendor of the automated traffic safety camera equipment must be based only upon the value of the equipment and services provided or rendered in support of the system, and may not be based upon a portion of the fine or civil penalty imposed or the revenue generated by the equipment. 3. Alternative Enforcement. Nothing in this section prohibits a law enforcement officer from issuing a notice of traffic infraction to a person in control of a vehicle at the time a violation occurs pursuant to RCW 46.63.030(1)(a), (b), or (c). F. Use of Funds. Funds derived from the use of automated traffic safety cameras shall be used to pay the costs of administering the automated traffic safety camera program, including, but not limited to personnel costs, vendor costs, and equipment costs. Funds in excess of these costs may be used to fund personnel, programs, and equipment related to traffic safety. G. Definition. For the purposes of this section, "automated traffic safety camera" means a device that uses a vehicle sensor installed to work in conjunction with an intersection traffic control system, a railroad grade crossing control system, or a speed measuring device, and a camera synchronized to automatically record one or more sequenced photographs, microphotographs, or electronic images of the rear of a motor vehicle at the time the vehicle fails to stop when facing a steady red traffic control signal or an activated railroad grade crossing control signal, or exceeds a speed limit in a school speed zone as detected by a speed measuring device. 7 KCC 9.36.140 School Speed Zone Traffic Safety Cameras Ordinance 12 SECTION 2, - Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state or federal laws, codes, rules, or regulations. SECTION 3, - SeverabilitY. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this ordinance and that remaining portion shall maintain its full force and effect. SECTION 4, - Effective Date. This ordinance shall take effect and be in force thirty (30) days after its passage and publication, as provided by law. SUZETTE COOKE, MAYOR ATTEST: RONALD F. MOORE, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY 8 KCC 9.36.140 School Speed Zone Traffic Safety Cameras Ordinance 13 PASSED: day of 2013. APPROVED: day of 2013. PUBLISHED: day of 2013. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) RONALD F. MOORE, CITY CLERK P'.\Ov,1\ONinanre4SA-1 Zone T,ffic Shc yC,meres ONin—d... 9 KCC 9.36.140 School Speed Zone Traffic Safety Cameras Ordinance �Re ( £ 2 , y � ( \ \\ \ } / ( j G 0mcy k \\ 00 \ \ �) / > \ : _ ) o ) \ %k@ & m % @e m � A | ® 2 % § { \ � 2 § o � ) k \ �\ j tn U ZI \ D ` ^ ƒ � cy � ( < , M � � \y Ln § / } E \ J\ \ LU 22 2 7 0 \ \ Ln� � G Ln \ c $ ! \ E \ E \ E \ § 5E Er'j ! & \ ! » 5 [3 , _ § = =0)ro7= � 22z = e 0 -F—- \ k : \ k � / 3 { 3 { Lu Lu Lu C) ro 1s School Speed Zone Traffic Safety Cameras At the beginning of the 2012-2013 school year, the Kent School District contacted the City and requested implementation of a school speed zone traffic safety camera program to help ensure the safety of pedestrians navigating to and from schools. The school district has indicated it would ideally like the program to be fully-implemented in all 38 school zones within the city. Since that time, the Police Department has been gathering information and meeting with various traffic safety camera vendors and city personnel, in addition to advising the Public Safety Committee on the options and process for implementing the program. The city is communicating with local jurisdictions that have implemented the school zone traffic safety cameras in an effort to gather as much information as possible to effectively evaluate the benefits of implementing this program in the city of Kent. The city hopes to mimic the success of neighboring jurisdictions which have implemented the school zone traffic safety camera program allowing them to effectively create additional safety school zones by freeing up police officers so that they can provide their services throughout the entire community including coverage in school zones and surrounding neighborhoods that do not have school speed zone traffic safety cameras. Program Purpose The Kent School District and city wish to implement a school speed zone traffic safety camera program that will become a tool to reduce speeding through school zones. The Police Department consistently receives calls from the school district administration, parents and community members complaining about various safety issues surrounding the school zones, i.e., speeding, near-misses in crosswalks, and congestion. Current Police Department staffing levels do not allow for a constant presence in the troubled school zones while also performing daily functions of the traffic patrol unit such as responding to city-wide complaints, collisions, and general traffic issues. The School Zone Traffic Safety Program should allow the city to use its limited resources and officers in other ways while still tackling this safety problem. In that way it is a violator-funded, rather than a taxpayer-funded program. The goal of this program is to change dangerous driving behaviors and hold violators accountable in order to create a safer environment for pedestrians. How does the program work? Video and still images are captured. When electronic sensors detect a potential violation, cameras capture still and video photographs of the incident showing the vehicle from behind. The cameras only take pictures of the vehicle and vehicle license plate. Drivers are not photographed Footage of violations is evaluated. The images are reviewed by vendor representatives, and then sent to the Kent Police Department for further review. Not all violation events are cited and the benefit of the doubt is given to citizens. Tickets are sent by mail. If the citation is approved by a Kent Police Officer, a Notice of Civil Infraction is mailed to the registered owner of the vehicle. This mailing includes still 16 photographs showing the alleged infraction, and a website address where a video of the incident can be viewed. Follow up options are available. Penalties must be paid or actions to contest the infraction must be taken within 14 days. Payment options include: check by mail or credit card payment by phone or online. Who decides whether a violation has occurred? Kent police officers make the final decision. The vendor views the footage and sends the footage showing potential violations to the Kent Police Department. Kent Police traffic officers review each image and make the final determination that a violation has or has not occurred. If the violation is confirmed by the officer, the vendor then files the violation with the Kent Municipal Court and mails a Notice of Infraction to the registered owner of the vehicle. Will the cameras take a picture of the driver of the vehicle? No. Automated traffic safety cameras may only take pictures of the vehicle and license plate, not the driver or passengers. A violation is a civil infraction assessed against the owner of the vehicle based on vehicle registration data. There is no need to identify the driver and therefore, no need to capture the image of the driver. How much is the fine? Staff is proposing that violations involving speeds of 6-10 mph above the 20 mph speed limit be fined at $124, and that violations involving speeds in excess of 10 mph over posted 20 mph speed limit be fined at $248. However, there are other options which will be discussed at the committee meeting. How are the locations of the cameras to be selected? In cooperation with the Kent School District, the Kent Police Department has identified school zones that have had the most complaints. The Police Department identified the following school zones (in alphabetical order): • Kentridge High School • Meadowridge Elementary • Meridian Elementary • Millennium Elementary • Neeley-Obrian Elementary • Springbrook Elementary • Sunrise Elementary A Feasibility study, performed by the vendor, will be conducted to help determine the location of the cameras. Criteria that should be taken into consideration when setting school zone enforcement standards include: the geographical environment of the arterial and school property; the age of the students; and the speed of the vehicles. What is the Process for Imolementina the Proaram? • Research qualified vendors • Prepare ordinance establishing the program • Contract development with target vendor • Feasibility study performed by target vender with no cost to city All locations where an automated traffic safety camera is used must be clearly marked at least thirty days prior to the activation of the camera by placing signs in locations that 17 clearly indicate to a driver that he or she is entering a zone where traffic laws are enforced by an automated traffic safety camera. Approval of contracts assuming supported by feasibility study Public Works review/approval of contractor proposal/design for physical install Issue Permits Contractor provides physical install Community education process with Vendor, Kent Police Department and Kent School District 30 day warning period Implementation How much will it cost to implement this program? The Kent Police Department will contract with a vendor for automated traffic safety services that includes installation and operation of equipment at the locations identified. The vendor owns, maintains, and updates the equipment as needed, reviews footage of violations, forwards the images to the Police Department and mails the notices of infraction. The city will pay a monthly fee to the vendor; however, the penalties assessed from the violations will cover the cost of the service. The feasibility study and contract negotiations will ensure that this will be a self-sustaining program. Even though the cameras will remain operational when school is not in session, there will be no violations issued and the city will not pay service fees. Short-Term Impact to City Resources. Initially, the Public Works Department will need to determine the position of the required hardware and the Economic and Community Development Department will need to issue required permits. No additional Public Works or Economic and Community Development staff will be required to implement this program. 1. It is anticipated that initially there will be a high volume of violations 2. It is anticipated that there will be a reduction in violations 6-12 months after implementation 3. The Police Department anticipates that overtime for police, records, and court personnel will be necessary during the initial implementation of the program. 4. The city of Kent prosecutor's office will reallocate resources to handle the initial influx of violations. Assessment of Program after initial implementation. After one year from implementation, The Police Department, Courts, and Law Department will reevaluate and determine a baseline for these services and any additional resources needed. P:\Civil\Flies\Open Flies\1694-School Zone Traffic Safety Cameras\Plan.docx 18 POLICE DEPARTMENT � Ken Thomas, Chief of Police KENT Phone: 253-856-5800 Fax: 253-856-6802 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: May 14, 2013 TO: Public Safety Committee SUBJECT: School speed zone traffic safety camera contract with American Traffic Solutions - Authorize MOTION: Recommend authorizing the Mayor to enter into a five year contract with American Traffic Solutions for school speed zone traffic safety cameras, subject to final terms and conditions acceptable to the city attorney and police chief. SUMMARY: School speed zones are located in areas occupied by a high number of pedestrians, especially before, during and after school, and driver inattention and speeding can have devastating consequences. The strategic placement of automated traffic safety cameras at school zones has been shown to reduce vehicle speeds, thereby reducing the risks to pedestrians. RCW 46.63.170 authorizes local jurisdictions to use cameras to enforce speed limits in school speed zones. Pursuant to RCW 46.63.170, an ordinance has been offered in support of the establishment of the City's use of the cameras in school speed zones. This ordinance sets forth the restrictions, public notice, and signage requirements, as well as the processing and procedural requirements for use of the cameras. The ordinance also establishes the fines for violations of school speed zones that are detected with cameras. The cameras that will be used in the school speed zones will be owned and maintained by a third party vendor. The cameras will video tape the rear of vehicles in violation of the speed limits when the school speed zones are activated. The vendor will process violations for review by a Kent police officer. The reviewing police officer will determine whether a violation has been committed. If the officer determines that a violation has been committed, the vendor will cause a notice of violation to be filed with the Kent Municipal Court, and will send a notice of violation to the registered owner of the vehicle. Violators will be able to review their infraction using a web-based interface that is owned and maintained by the vendor. In order to select a vendor, the City issued a request for proposal to the known vendors doing business in Washington as well as a vendor not doing business in Washington. The vendors made a presentation to staff members from the Police Department, Public Works Department, the Law Department, and the Municipal Court. Staff then selected for recommendation the vendor it felt could most responsibly meet the needs of the City at 19 the most reasonable price. Based on the presentations, information provided, and pricing, staff is recommending that the City Council approve a contract with American Traffic Solutions (ATS) to provide the above described services. As of the date the agenda for the May 14, 2013 Public Safety Committee meeting was produced, the contract with ATS was still being negotiated. For the purposes of producing the agenda, a draft of the contract has been attached. However, staff anticipates that an updated and fully negotiated contract will be presented to the Committee on the day of the Committee meeting for approval of the Committee. EXHIBITS: Draft Contract - Final contract will be presented during the May 14th public safety committee meeting Budget Impact: Program should cover cost of contract P:\Civil\Motions-Bl uesheet\Schoolzoneca meracontractr otion.Doc zo STANDARD PROFESSIONAL SERVICES AGREEMENT This Standard Professional Services Agreement which includes the attached Exhibits (herein "Agreement") is made by and between American Traffic Solutions, Inc. (herein "ATS'), with its principal place of business at 7681 East Gray Road, Scottsdale, Arizona, and the City of Kent (herein "Customer"), a Washington State municipality (ATS and Customer individually, a "Party", and collectively, the "Parties"). This Agreement sets forth the terms, conditions and obligations of the Parties. WITNESSETH: WHEREAS, ATS has the exclusive knowledge, possession and ownership of certain equipment, licenses, and the processes (collectively referred to herein as the "AxSiSTM System or, is"); and WHEREAS, CUSTOMER desires to use the Axsis System to monitor ic violations and to issue citations for said traffic violations; The attached Exhibits include: Exhibit A..............SERVICE FEE SCHEDULE ,' Exhibit B..............SCOPE OF WORK � -1i��i a Exhibit C..............DESIGNATED LOCATIOd§E, , " Exhibit ..............DMV SERVICES SUBSCRII3tk�AJT��f��TION v Tsai ; r By signing below, the Parties agree to thy' frps and conditions,Vfthis Agreement together with the attached Exhibits. This Agreement containst�,I' tr)7PIete and exclb*.,�� statement of the agreement between the Parties relating to the matters r0Terbb herein and r' s any prior oral or written representations or communications between thkParti4 ,,¢ ndividQ, signing below represents that s/he has the requisite authority to execute this fee qNf oV the entity which s/he represents and that all the necessary fottt) have been mNIP> ACKNOWLEDGED A GREED ]/BY: AMERICAN TRAFFIC SOLIi NS C1OF KENT, WASHINGTON is , iiiir, v ✓�i/ r i i%/r'�r r/v irrr rj60 l r r% °/ r ,rrrr By: By: hael Bolton "� ��e Name/Title Date �Chi�f ;teratingOfficer��,; '/�' / ATTEST: By. Name/Title Date This Agreement is effective on the date of execution by the last signatory to this cover page ("Effective Date"). STANDARD PROFESSIONAL SERVICES AGREEMENT.......................................................................2r I. DEFINITIONS.......................................................................................................................................3 II. GENERAL TERMS AND CONDITIONS..............................................................................................3 1. ATS AGREES TO PROVIDE:.......................................................................................................3 2. CUSTOMER AGREES TO PROVIDE: .........................................................................................4 3. TERM: ...........................................................................................................................................4 4. ASSIGNMENT:..............................................................................................................................4 5. FEES AND PAYMENT:.................................................................................................................4 6. SITE SELECTION ANALYSIS ..........................................................�✓%.....................................54 ' 7. COMMUNICATION OF INFORMATION ......... ...............................54 8. CONFIDENTIAL INFORMATION:.......................................... ......... ................54 9. OWNERSHIP OF SYSTEM ......... 1 54 10. INDEMNIFICATION AND INSURANCE ' ...................% ... .. ..5 %i, .....11. STATE LAW TO APPLY: . ......... ... ...._ 9,,2„. 76 �i 12. DISPUTE RESOLUTION: ,, 13. CHANGE ORDERS ....... c,,W, 7y�✓y 7 y,G 14. TERMINATION ......... ......... "¢......... 'nr fig'v9 ..............................................................7 15. AMENDMENTS TO THE AGREEMENT ...... ....." ..8 16. LEGAL CONSTRUCTION 7,y �, %�� ... ... ..98 I,v 17. PRIOR AGREEMENT SUSPENDED, �;,,, %�✓ 98 ✓i, ;r ,rr ... 18. NO AGENCY:.. .. ... .... ... ....98 ,y✓ i�N ar n✓ 19. FORCE MAJEURE �d %w i'' .... .... ... ...109 20. TAXES ✓��'�,? ��1Gspi% l�... ...... ....109 21. NOTICES „/, q�, .. ... ... .... ....109 EXHI BIT A �t �rsy ... ... ... .... ..11a9 SERVICE FED �)HEDUL� �s'� ; � '� y✓",✓r��„ .... ..... .... .... ..114-9 ,,H EXHIBIT B i/��,��,i , i ... ..... .... .... .... .... 12 h 76,E f� fMM SCQ 'OF WORK ��r 12 a� K Ni� TS SCOPERK , .. ... ... .... .... .... ....12 2 ✓ ,,§TOMER SCOT OF W6RK. ... ... ..... .... ..... ....14 EXHIBIT C........ y ✓✓,`... ..... .... 16 DESIGNATED LOTION ... ..... .....16 EXHIBITD.................... ...................................................................................................... 17 DMV SERVICES SUCRIBER AUTHORIZATION..............................................................................17 Confidential Page 2 of 17 5/920134:21 PMS'onn�.�l 2 o:n 2 nM City of Kent,Washington zz I. DEFINITIONS As used in this Agreement, the following words and terms shall, unless the context otherwise requires, have the respective meanings provided below: 1. "Business Hours': Eight (8) hours per day, Monday through Friday, excluding weekends and holidays. 2. "Camera System" or "Camera": A photo-traffic monitoring device consisting of one (1) rear camera, strobe, and traffic monitoring device capable of accurately detecting a traffic infraction on up to four (4) contiguous lanes which records such data with one (1) or more images of such vehicle. "Camera System" shall, where the context requires, also include any enclo %' or cabinet and related appurtenances in which the equipment is stationed. 3. "Change Order Notice": Written notice from Customer requesti to the work required to be performed or the addition of products or services to those re gV"red to`fir rms of this Agreement, setting forth in reasonable detail the proposed changes rl%�rarii � i� 4. "Change Order Proposal': A written statement from,At,S describing the cost ' changes to the work or addition of products or services requested by 4,gtomer in Change Order 5. "Citation": A citation or notice of violation or equivalent I by a compe ate, county or municipal law enforcement agent or agenc 01 P competent jurisdiction relating to a violation documented or evidenced by Ax§ls. ';,t� , r 6. "Designated Location or Location": Ong #�gction of travel /� road or a traffic intersection, including up to four (4) contiguous lanes. ��ON,�� 0;'0 7. "Eligible Cameras": Cameras for which ATS his beeY71 er for a minimum period of twelve (12) months. ,i/, 8. "Fees": The amount to AT r for equipment, services, and maintenance as set forth in Exhibit "A". , Al�' 9. "Notice to Proceed Writt� pnf} N1 { fgrn Cus4 er that ATS may proceed with the installation of a given Ca] P °/ tst /q Y 10. "Owns The owner( ' motoPhlcle as shown by the motor vehicle registration records of the mo hlcle deparfment''2 he analdit§dgency of another state or country. v %r '/p°i rr 11. "Persons Persons' Any dividu/61, partnership, joint venture, corporation, trust, unincorporated association rnmental aut rity or political subdivision thereof or any other form of entity. 12. "Project Time L/err The `tial schedule and timelines required to begin the implementation of Customer's project Nn lly agreed upon by the Parties. 13. "Start Date": The first%flay of the month following the date on which the first Citation is issued from the last camera installed under this Agreement, notwithstanding any Change Order Notices. 14. "Violation": A failure to obey an applicable traffic law or regulation, including, without limitation, operating a motor vehicle in excess of the posted speed limit. II. GENERAL TERMS AND CONDITIONS 1. ATS AGREES TO PROVIDE: The scope of work identified in Exhibit B Section 1. Confidential Page 3 of 17 5/920134:21 PMS'onn,�.�,e-o:nc dM City of Kent,Washington 2. CUSTOMER AGREES TO PROVIDE: 23 The scope of work identified in Exhibit"B, Section 2. 3. TERM: This Agreement shall commence upon the Effective Date and shall continue for a term of five (5) years beginning on the first day of the month following the first issued Citation from the last installed Camera System in the first set of approved Camera Systems to be installed ("the Start Date"). The City may, at its option, extend this Agreement for subsequent five (5) year terms by providing written notice of its intent to renew at least thirty (30) days prior to the expiration of the then-current term. T ' ,N 11 automat Gail�'@XtPRd f49F PARSPA-It VP fV@ (5) year terms. Wewever, Qustemer or ATS may term Rat& f 4. ASSIGNMENT: Neither Party may assign all or any portion of this Agreement ritten consent of the other, which consent shall not be unreasonably withheld q� r business financing purposes, ATS may sell, assign, transfer or convey any,Aeree lei this Agree Y) tin whole or in part without the written consent of the Customer. / �l'' �f �" 5. FEES AND PAYMENT: �,�r��,/ , �tr 01,1 Customer shall pay for all equipment, services and malntena�f , %biased on the fee schedule indicated in the Exhibit"A", Service Fee Schedule 1 0 /i 5.1 Customer shall pay all Fees due ATS l * „fppon Invoices fro eceding month within thirty 1' " (30) days of submission. Late payme a jt to interest o'ulated at 1.5% per month on open balances. If Customer Is more t sixty i ' ys past(idue on payments to ATS, ATS may, in its sole discretion, either (i) vJf lh ,j 11 tY Y�q weeps of violation payments to Customer until Cust, ,� omes current q�l s payment, (ii) pursuant to section 3.1(ii) of this Agreement term ti�o for non pay nt of Se vide Fees by Customer. ;l/ioS,. e �, %f� 5.2 FIeXi 0 ,i ,i//% Plan , n the t a' he A reement paVments bV the Customer maV be to A75°� kr a FI"' W Pa ment Plan if the total funds collected by the Program are ufficient to coy Feeg4dba ATS. Under the Flexible Pa ment Plan the Customer ma r certain payme " ue and!�Yil�fg to ATS during the term of the Agreement. If at the end of thv sufficient furl' b ave n t been collected bV the Customer to paV the accrued balance therY't'(EJ6to ATS, ATS ';'ees to waive its right to recovery with respect to any balance owing to ATS attend of that t This Flexlbloft merit Ian will be applied as follows: ATS will maintain an accounting of any net balances owed°�ieach month during the term. If the total amount of funds collected from all Camera System�ombined during a month exceeds the amount of the ATS invoice for the same month, the Customer shall pay ATS the total amount due on the invoice. If the total amount of funds collected from all Camera Systems combined during a month is less than the amount of the ATS invoice for the same month, the Customer shall pay ATS only the amount collected during the same month and Customer may defer payment of the remaining balance. If opting to use a Flexible Payment Plan, Customer will provide ATS with sufficient information about payments received directly by the Customer or by the Courts to accurately determine the amount of funds collected. Payments due ATS shall be reconciled by applying funds collected in subsequent months, first to the accrued balance and then to the subsequent monthly invoice. If at any time the ATS invoices, including any accrued balance, are fully repaid, the Customer will retain all additional funds collected. Such additional funds (whether reserved in cash or not by the Customer) will be available to offset future ATS invoices during the term of the Agreement. Customer agrees and understands the Flexible Payment Plan shall be applied in the aggregate Confidential Page 4 of 17 5/920134:21 PMS'onn,�.�,e-o:nc AM City of Kent,Washington across all installed Camera Systems and will not be applied on a per camera basis or on a 30 month basis. Example: Fee of$4,750 per Camera System per month and four (4) cameras installed. If during Month 1 camera #1 revenue is $5,000, camera #2 revenue is $3,500, camera #3 revenue is $6,000 and camera #4 revenue is $3,500, the total revenue from the cameras for the month is $18,000. ATS would invoice Customer for $19,000 ($4,750 x 4 Camera Systems). However, Customer would only be required to pay $18,000 in Month 1 and the $1,000 deficit would carry over to subsequent months. If in Month 2 the combined revenue from the 4 cameras was $28,000, ATS would invoice the Customer $20,000 (i.e., the $1,000 deficit from the prior month plus the $19,000 monthly fee for the 4 Camera Systems). The Customer is not responsible for any deficit balance fee at the end of the term of the Agreement. /i%" 6. SITE SELECTION ANALYSIS: Prior to performing work to install a camera system at a location or, ing the Axsis System, and at no cost to the Customer, ATS shall conduct an analysisf eacN!! p being considered for a Camera System. For any site recommended by the Custom ` d suble ,prior approval by the Customer, ATS may install a Camera System if a construq d 4k analysis cod, es an installation is feasible. ATS makes no representations or warranties thpny violation rate estl ��will be predictive of actual future traffic violation rates. If the Customer re,-,ti� sts that ATS move a Camp vstem to a new Approach after initial installation, the Customer shall Rd ftz #g e costs relocate the Ca system. �� /i ai,, 7. COMMUNICATION OF INFORMATION y,r✓� +- ATS will comply with reasonable request',' i"Al lon obtain e ATS through operation of the Axsis System. ATS reserves the right to as /; pr such servI Ip, 8. CONFIDENTIAL INFORMATION: f, No information given by Stomer will be f0T confide ntlrnature, unless specifically designated in writing as proprietary t d coh ial by ATS 4 wever, nothing in this paragraph shall be construed contrary to the terms provlsiorrf any "Open ( cords Act' or similar Taws, insofar as they may be it applicable ,l� 9. OWNERSHIP O� SYSTEM`'✓', °,//�1�i,r 00 / It is une0t6od by System being installed by ATS is, and shall remain, the sole pro of ATS unles5� rately�� reo from ATS through a lease or purchase transaction. The Sysi ' being provided tt �dstomer pM l 'under the terms and for the term of this Agreement. 10. INDEMNI I AND I J, NCB: iar ,i r� 10.1 Indemnlfi n by ATS ubject to Section 10.3, ATS agrees to indemnify the Customer and its managers deers dtdtors, employees, agents, representatives and successors (individually a "Customer Pa1� d collectively, the "Customer Parties") against all liabilities, obligations, losses, damage enalties and judgments (collectively, "Losses"), which may be imposed on or incurred by any' Customer Party arising out of or related to the gross negligence or willful misconduct of ATS, its employees or agents which result in death or bodily injury to any natural person (including third parties) or any damage to any real or tangible personal property (including the personal property of third parties), except to the extent caused by the gross negligence or willful misconduct of any Customer Party. 10.2 Indemnification by Customer. Subject to Section 10.3, the Customer hereby agrees to indemnify ATS and its affiliates, shareholders or other interest holders, managers, officers, directors, employees, agents, representatives and successors, permitted assignees and all Persons acting by, through, under or in concert with them (individually an "ATS Party" and collectively, the "ATS Parties") against any and all Losses which may be imposed on or incurred by any ATS Party arising out of or related to the gross negligence or willful misconduct of the Customer, its Confidential Page 5 of 17 5/920134:21 PMS'onn�.�l 2 o:nc dM City of Kent,Washington employees, contractors or agents which result in death or bodily injury to any natural perZ9 (including third parties) or any damage to any real or tangible personal property (including the personal property of third parties), except (i) to the extent caused by the gross negligence or willful misconduct of ATS; (ii) any claim, action or demand (a "Claim") not caused by ATS' failure to perform its obligations under this Agreement, (iii) any Claim challenging the Customer's use of the Axsis System, or any portion thereof, (iv) any Claim challenging the validity of the results of the Customer's use of the Axsis System, or any portion thereof, or (v) any Claim challenging the validity of the Citations issued, prosecuted and collected as a result of the Customer's use of the Axsis System, or any portion thereof. 10.3 Indemnification Procedures. In the event of any Claim in respect of which any Party hereto seeks indemnification from the other, the Party seeking indemnification (the "Indemnified Party") shall give the Party from whom indemnification is sought (the Indemnif „ Party") written notice of such Claim promptly after the Indemnified Party first becomes awl fh roof; provided, however, that failure to give such notice shall not preclude indemnifict n with respect to such Claim except to the extent of any additional or increased Lo er actual prejudice directly caused by such failure. The Indemnifying Party and the I ifi shall cooperate in the defense or settlement of any Claim and no Party shallpavjhe right Eypter into any settlement agreement that materially affects the other Partys , dial ights or art fial interests without such Party's prior written consent, which consent s0AII not be unreasonabl I or delayed. f% 10.4 Insurance. ATS shall maintain the followingiMftlM scope 4pd limits of insuray„ 10.4.1 Commercial General Liability Insurance incl,6y 'coverage for bodily injury, property damage, premises and operations, prod udfO gWpleted operations, personal and advertising injury, and cont xual liability with a ayined single limit of $1,000,000 per occurrence. i iR ,�ii%. / 10.4.2 Workers' Compensation as re Bred" / licabI stat e/law, and Employer's Liability Insurance with limits of not less han �15 ,0,/each/eccident. ATS shall at all times maintain Worke� Compensation fbsuf#hce c6v2 �1n the amounts required by law, but shall not be rfA' to provide sr( coverage any actual or statutory employee of Custom' 10.4.3 Cc r usi k ss Automobile pflity Insurance for all owned, non-owned and �, hired autorrt`��y�tes i�s��h��vehiclesti sed by ATS with a minimum $1,000,000 per u fF�nce co ( d singY tl , ,, injury and property damage. 1//�0 J#20 4 The C f ��r and ( rTficers and employees, shall be named as additional insured on �jei� the comprsive ge(h� j,," 'bility policies provided by ATS under this Agreement. ATS shall requir sub cyhactors doing work under this Agreement to provide and % � maintain the e insurance, which insurance shall also name the Customer and its g„jicers, employs, and authorized volunteers as additional insureds. i 10.4.5 Cdr tes shing ATS is carrying the above described insurance, and evidencing the addlti4 i y red status specified above, shall be furnished to the Customer within thirty (30) ca1 r days after the Effective Date of this Agreement. Such certificates shall show tht'the Customer will be notified in accordance with the policy language relating to cancellations of such insurance policies. ATS shall forthwith obtain substitute insurance in the event of a cancellation. 10.4.6 The Customer shall be responsible for vehicle insurance coverage on any vehicles driven by Customer employees. Coverage will include liability and collision damage. 10.5 Limited Liability. Notwithstanding anything to the contrary in this Agreement, neither Party shall be liable to the other, by reason of any representation or express or implied warranty, condition or other term or any duty at common or civil law, for any indirect, incidental, special, lost profits or consequential damages, however caused and on any theory of liability, arising out of or relating to this Agreement. Confidential Page 6 of 17 5/920134:21 PMS'onn,�.�,e-o:nc dM City of Kent,Washington 11. STATE LAW TO APPLY: Z( This Agreement shall be construed under and in accordance with the laws of the State of Washington. 12. DISPUTE RESOLUTION: All disputes shall be resolved within the jurisdiction of the state of Washington. Each Party shall be solely responsible for its own costs and attorney's fees in resolving disputes. Each party waives the right to a jury trial. The Parties may utilize mediation and or arbitration to resolve conflicts by mutual written agreement. r' ' AgFeemeRt shall be attempted te be settled thFeugh geed fa th Pffglts beN.'P-P-R seR eF MaRagemeR r / i mv Pa `or,. , ,/ / 's%'v /ale be £iRal and bbRd Rg TMG h 4 eYLLWN�J nll b� lib r 4a �r.J'� rhMa9Pe ir, t R,t�. I/N JI/MM �i// csw5f&* r �. M Jr lr / /� / the aFb't �i,! boor their n aHerr.ev'6 4eecaR�' matter or d sp to Rd@F th is Agreemend 13. CHANGE ORDERS: The Customer may from time to time request changes to the work required to be performed or the addition of products or services to those required to the terms of this Agreement by providing a Change Order Notice". Upon ATS' receipt of a Change Order Notice, ATS shall deliver a written statement describing the cost, if any (the "Change Order Proposal"). Following the Customer's receipt of the Change Order Proposal, the Parties shall negotiate in good faith and agree to a plan and schedule for implementation of the proposed changes, the time, manner and amount of payment or price increases Confidential Page 7 of 17 5/920134:21 PMS'onn,�r�,e-o:nc AM City of Kent,Washington or decreases, as the case may be, and any other matters relating to the proposed changes. InJ7 event that any proposed change involves only the addition of equipment or services to the existing locations or the addition of new sites to be covered by the terms of this Agreement, to the maximum extent applicable, the pricing terms set forth in Exhibit A shall govern. Any failure of the Parties to reach agreement with respect to any of the foregoing as a result of any proposed changes shall not be deemed to be a breach of this Agreement, and any disagreement shall be resolved in accordance with Section 12 ("Dispute Resolution") of this Agreement. Such Change Order shall not invalidate the procurement process or this Agreement nor relieve or release ATS or the Customer of any of its obligations under this Agreement unless stated therein. 14. TERMINATION: 14.1 ATS' services may be terminated: p�!� (i) By mutual written consent of the Parties, or (ii) By the failure of either Party to meet its obligations u isement; provided that the Party failing to meet its obligations shall have up t 30 daIendar d ,to cure the failure; and provided further, that in the event ATS fails to 'It ,o, i ations dfflkthis Agreement, the Customer shall be relieved of payment for they vices'of ATS during dme of failure. €eF ; , %s, --rot RAt se ii For Legal Reasons b either Pa In T t the Cu "'fner's use of red light safet Camera Systems is rendered unlawf purse ppllcale state or federal law and after the exhaustion of, lLle al action b e,/, stomeW�`, ,VATS see kin to overturn the court order or state ,�, gislation that`,, dered the J of red light safety cameras unlawful. However, th " ustorn all have no o igatlon to pay ATS a fee for any period when it is unlawful t ° W Citation nless a CourCl Jaces a stay of implementation on the legal action or new law. �� harm of e A reement s ,,be suspended during anV period in which the Customer is not - 'Ehat o ATS and L°(ch time period shall be added to the term of the A t, once IV? "" ome �1 d1 'I Me Customer to issue Citations. In the event of G�( a��rsuant is subsec 10 '14.1(iii) the Parties shall take the following actions ��%set forth Ins ectlon`' below, which survive termination during the wind-down period This subsectld 41(ill) I /rot apply to this Agreement or any Camera Systems randfathered uhd&stateorO erallegislation. v Ih event that�ATS is unable to directlV file infractions into Washington's Judicial Infoft,%*; n Service }fv1 n the4 of Termination by ATS under this subsection for breach by Customer, Customer s) II imburse ATS' documented unrecoverable costs of installation and equipmen([Ztll AR £oo baspid A a FG@ Of r, r ramora c„Gtom £..r o Ah RgARth o gh ramora c„Gtom 6 Rgta"Pd Said r.nth@F ,n £r.r o nrdh o GaM@Fa 6 RiStallorla $2 ,nd 11 be s btrartpd £rnm the total $2n lh nnn W ' t@FRq Ratr.in £oo £..r gh Ca cnnn�.Gtom €Xa pl& r6IGt0mor GgRG AgFe Rt IR MaFGh of r 1 Rd stalls e e (1) QaFn Fa System that same rhh ATS )(ty /Fn) m Rths hay Rg h....r. .J..r.FeG aced G stemeF W 11d e e ATC NA nnn ($2 nnn x 2) fe the eaFly teFM Rat AR fee. 14.2 Upon termination of this Agreement, either for cause, except for termination by ATS for non- payment, or because it has reached the end of its term, the Parties recognize that the Customer Confidential Page 8 of 17 5/920134:21 PMS'onn,�r�,e- ro:nc A City of Kent,Washington will have to process Violations in the "pipeline", and that ATS accordingly must assist Is Customer in this regard. Accordingly, the Parties shall take the following actions and shall have the following obligations, which survive termination during the wind-down period: (i) The Customer shall cease using the Axsis System to capture Violations. (ii) Unless it is unlawful to do so, ATS shall, for a period of ninety (90) days, continue to process all images taken by the Customer before termination and provide all services associated with processing in accordance with this Agreement and shall be entitled to its monthly fees. (iii) The Customer shall return or allow ATS to recover all provided equipment within a reasonable time not to exceed ninety (90) days. (iv) If ATS recovers the provided equipment, ATS shall remove all equipment or other materials ATS installed in connection with ATS' performgfe of Its obligations under this Agreement, at no cost to the Customer, including ited to housings, poles and Camera Systems. ATS shall restore the surface of Cfome perfy to substantially the same condition as such property was in immedl telj 'pnor to sty Agreement, except for foundation removal, which shall be left approxlm� us1� with graCl�; wth no exposed bolts, or other hazards. Installed underground condyt and other equipment e required to be removed. However, if this Agreement Is )minated fgr cause �Cus�omer shall pay ATS the costs of removal and Custp�'$Pall be rponslble for re Camera System site. N, 14.3 In the event of termination by ATS for non-payment Nrvice Fees by Customer, ATS shall cease processing violations as of thste of termination 15. AMENDMENTS TO THE AGREEMENT The Parties may from time to time consider It I thei lfy or extend terms, conditions or covenants of this Agreement require modif tlq �In tneg of Services to be performed; or request the performance 9f @ dal services r P iless of a� without invalidating the process that was used to procure th,q rvlce�; pmerated und4t this Agreement. If modifications result in additional costs to Customer, p o y rovid written estlm of such. An such addition, deletion, extension or modification Ind(ud'fr � 9py Incr e or decrease zPe amount of ATS' compensation, which are mutually agreed upon d Aft"n the Cust r and ATS shall be incorporated in written amendments fp��n Ame �9`Uiri'ts°)° 6 � � sent. Such Amendments shall not invalidate the obligati )procurempunder � Cment ssnstated therein.ve or release ATS or the Customer of any of its this' ,y i� /ii; AP 16. L 9 �NSTRUCTION',�Z In case an y or more of tl 6 rovlslons contained in this Agreement shall for any reason be held to be invalid, ill d or unenforc f"ble in any respect, such invalidity, illegality, or unenforceability shall not affect any othe V, ision th of and this Agreement shall be construed as if such invalid, illegal, or unenforceable prow h 'not been contained herein. This Agreement shall be enforced to the maximum extent as to give effect to the intent of the Parties and shall be reformed without further action by the riles to the extent necessary to make such provision valid and enforceable herein. 17. PRIOR AGREEMENT SUSPENDED: This Agreement constitutes the sole and only agreement of the Parties and supersedes any prior understanding, written or oral, between the Parties respecting the written subject matter. 18. NO AGENCY: ATS is an independent contractor providing services to the Customer and the employees, agents and servants of ATS shall in no event be considered to be the employees, agents or servants of the Confidential Page 9 of 17 5/920134:21 PMS'onn,�.�,e-o:nc dM City of Kent,Washington Customer. This Agreement is not intended to create an agency relationship between ATS 2V Customer. 19. FORCE MAJEURE: Neither Party will be liable to the other or be deemed to be in breach of this Agreement for any failure or delay in rendering performance arising out of causes beyond its reasonable control and without its fault or negligence. Such causes may include but are not limited to, acts of God or the public enemy, terrorism, significant fires, floods, earthquakes, epidemics, quarantine restrictions, strikes, freight embargoes, or unusually severe weather. The Party whose performance is affected agrees to notify the other promptly of the existence and nature of any delay. 20. TAXES: ��1'' Ali At the time of execution of this Agreement, it is the understandI Parties that ATS' services provided hereunder are not subject to federal, state or local tam inc(i/� but not limited to excise, sales, use, property or similar taxes or charges. The Customer rees to"raj, urse ATS for any such tax or charge if charged against ATS. If incurred, such taxed „ hdwges may ' "J yolced at any time. 21. NOTICES: , g", fir Any notices or demand which, under the terms of this r ment o era any statute fiGst or maybe given or made by ATS or Customer shall be in writing and/,'' �gro m or made by ersonal service, telegram, first class mail, FedEx or by certified or regis mall to the Parties at the following address: City of Kent, Washington Ame��1 � fic Solutions, Inc. 220 Fourth Avenue S /fyv, 1330 V� Southern Avenue Kent, Washington 98032 y�Jempe,/;rizona 85282 Attn: City Attorneylegal Department r r R i � 'i ��rr r G/// rid/iyl�iy. �/�r Confidential Page 10 of 17 5/920134:21 PMS'onn�.�l 2 o:n 2 nM City of Kent,Washington EXHIBIT A 30 SERVICE FEE SCHEDULE 1.0 Description of Pricing Fee Fee is per Camera System per month as follows: Service Fees: Service Fee includes all costs required and associated with one $4,750 rear-only Camera System installation, maintenance, and on-going field and back- office operations. Includes speed safety camera equipment for a 4-lane location, installation, maintenance, violation processing services, DMV records access, First Class mailing of notice of violation with return envelope, mailing of second notice (as needed), lockbox and e-payment processing services, excluding user convenience fee, IVR call center support for general program quefps and public awareness program support. 1Fhe fee specified herein ($4,750) shall be paid on a monthly basis as provided in the Agreement; provided, there shall be no fee for the months of July and August of each year, and the fee shall be reduced by one-third for the month of December.Uerzl � rrr 2.0 Optional Collection Services: / ATS may initiate collection efforts of delinquent`lces upon written regt� � y Customer, so long as collection of said recovered revenue p,bunts does not conflict wlf( ate yaw. ATS will be entitled to receive portions of the co)it� revenues noted below. �ta aximum is 30% total for both re-collection and collectiorti'yr� r th p � S�<Qccounts In def1t that go to collection, this is in addition to our Fees noted aj Pre-Collection Letters %w 10( of F�yered Revenue Delinquent Collections Se '110,� 30% of Red Ted Revenue In the event that Customer elects to hue Aie collectl rvices, Customer shall so notify ATS in writing Customer agrs thaty; srt ; S rdllections services are elected, Customer may not uk),JJze another vend r f these de j 'Ybns services without prior written consent from ATS CW� 'An amendment` fhis Agree rent. 3.0 Optional An Train n 0onference r�ATS provides a comprehensive user training conference (thO,;p erenCIV) for active ph raffic safety and enforcement clients. The Conferences mal(% kus ;ilpap� of th ,lsystem. Core elements include training on Implep��n metYY'1 and �rWfi� Yf�fs operational monitoring and improvements, stgp I l� �s pu 0;r,Telatlons d 1dr technology assessment. The sessions include tticlpatlonStry rrff6'@prs industry speakers and panel discussions. The Conference ��r; 111 be held In the A, nix M t��,�n area. Customer shall be invoiced $100 per month per "dee and can a5 gp up to l e (3) project team members to attend the Conference each yam, „The $1,200 f „per a endee will cover travel, accommodations and all related Corifo,ce fees rG, o r MP 4.0 Optiona10 `'# lic Relli, 'ons Services: ATS may provide additional public relations services upon written ue, /try Customer. These services may include advertising, media relations, and public reF` As consultants. The fee for such services shall be mutually agreed upon based on the sO'pe of the public relations services to be provided. 5.0 Banking Fees: ATS may provide lockbox, e-payment, or other financial services. The fee for such services shall be mutually agreed upon based on the scope of the services to be provided. Confidential Page 11 of 17 5/920134:21 PMS'onn�.�l 2 o:nc dM City of Kent,Washington EXHIBIT B 31 SCOPE OF WORK 1. ATS SCOPE OF WORK 1.1 ATS IMPLEMENTATION 1.1.1 ATS will furnish a mobile safety camera system to allow for the enforcement of speeding violations at various locations. The mobile speed camera system shall consist of a single camera system covering at least four (4) lanes in two (2) directions of travel. The Customer shall be responsible for moving the camera system from one location to another. If the Customer requires the camera system to bA_jpipstaIled in a vehicle, the vehicle must conform to ATS installation requirements installed by an ATS approved installer. Customer shall be responsible for ,"iding the vehicle. The vehicle shall be titled and remain the property of the Custo1 11" the camera equipment will remain the property of ATS. The Customer will besponJ for fuel as well as routine maintenance (such as oil changes, tire replace apt, etc routine service on the vehicle itself; provided however that ATS r',)t qai�,,. maintalr4 �rvlce and replace as necessary all camera equipment on the velble The Customer W(� d the vehicle and the equipment contained therein to Its f lnsuranc and general Ilabit ollcles 1.1.1 The Customer and ATS will complete tYS �oject Line within thl '(30) days of Agreement execution date, unless mutual) i, ra t to otherwise by the Parties. ATS agrees to make every effort to adhere to the Pfd tjime Line. ' v `r 1.1.2 Client will enforce speed � p s using ATS ��ra System(s) at a number of locations to be mutually agre24 UN�� atween ATS and� stomer after completion of Speed Site Selection Analysis any initial Lotions, the Parties may agree to add to the quantities and % catl a System(s) are installed and maintained r, 1.1.1 ATS In JUse C ,( unlcatlons [ parfment well assist the Customer with public nfor r} , content �� outreach c8 palgn strategies. Depending upon the mutually agredG u%.�strategy ATS may pro { public relations consultants, advertising, or media relatR Aor a I d),pnal fee as 4 scribed in Exhibit A, Service Fee Schedule. 1 �9a"„"mu r ,l� ! , to �f e a secureVV bbsite (www.violationinfo.com) accessible to Owners � ! who elved/Idstces of Violation by means of a Notice # and PIN, which will allow ,gaViolation r an As part of the secure website, ATS will provide a Frequentl uesti (F.A.Q.) page. ATS will operate this secure website on a 24- hour basis bt g downtime for maintenance, normal servicing activities, or other %Y1� pforeseen Inst pes (i.e., acts of God, etc.). 1.1.3 Am ,yell provi4 technician site visits to each Camera System, as needed to perform pre�� rr� rh�tenance checks consisting of camera enclosure lens cleaning, camera, strobe )controller enclosure cleaning, inspection of exposed wires, and, general system ii. ections and maintenance. 1.1.4 ATS shall take reasonable best efforts to repair a non-functional Camera System within seventy-two (72) business hours of determination of a malfunction, except for those causes of Force Majeure as outlined in Section 18 in the General Terms and Conditions of this Agreement. 1.1.5 For any customer using ATS lockbox or epayment services, ATS will establish a dedicated demand deposit account. If Customer is more than sixty (60) days past due on payments to ATS, ATS may withhold all transfers/sweeps of violation payments to Customer until Customer becomes current on its payments. One time setup, monthly merchant account servicing costs and nonsufficient funds fees shall be billed through to the Customer monthly. Confidential Page 12 of 17 5/920134:21 PMS'onn,�.�,e-o:nc dM City of Kent,Washington 32 1.1.6 ATS is authorized to charge, collect and retain a convenience fee of $4.00 for each electronic payment processed. Such fee is paid by the violator. 1.2 ATS OPERATIONS 1.2.1 If a warning period is required, ATS shall provide the Customer with a one-time warning period up to thirty (30) days in length following the installation and activation of the first installed Camera System. Customer shall not be charged a fee for the warning period, however for any warning period exceeding thirty (30) days the Customer shall be responsible for the normal monthly Service Fee. 1.2.2 ATS shall provide the Customer with an automated websed Citation processing system (Axsis) including image processing, first notice prl mailing of Citation or notice of violation per chargeable event and a text only reminder notice, a hearing scheduled letter, a hearing denied letter, an,� � nt information letter, and a dismiss letter. Each Citation or notice of violationII be� �r�red by First Class mail to the Owner within the statutory period. In the case , a trans Ph t liability by the Owner, ATS may also mail a Citation or notice of vlojgi It, e driver i jfied in the affidavit of non-liability or by rental car companies C ' s of c@rti'ied malling � ,priced separately and paid by the Customer for addltlo �f,bompensation to ATS as add upon by the Parties. 1.2.3 Subsequent notices, other than those speclf' y�tnll, bsection 1.2.2 may be delivered by First Class or other mail means for additional '66"Mpensation to ATS as agreed upon by the Parties. 'Al ! v 1.2.4 ATS shall apply an electronldigkhkf to the Cltatloh% 'authorized to do so by an /i r o approving law enforcement offe r " P"R h� ��" r 1.2.5 ATS shall seed,records from 44§f to veh(b1 V,lA /f lstration databases and use such records to � ),pes of Vlolatlo for the CusJ�t mer according to each pricing option. ATS as,G,��hes trism'' ponsiblllty a a named Customer's agent by signing of DMV �P servlo dbscriber"thonzatlon foMd In Exhibit D of this Agreement. ATS reserves the rght tell Notes of Violation tt� address of the Owner obtained through the DMV obtal� � hrot ,�Vatlonal C�6'nge of Address (NCOA) database provided by bka Jnited Sta ostdi'��° � obtained through other means including but not Gr d�i st . ip trao�( r ", ;, ✓;i, ,g0 6 If Customd'1y, ,unabldi ry oes not desire to Integrate ATS data to Its adjudication system, ATS�II provld,�ne on-line adjudication processing module, which will enable adjudlcatl(Yk' nctlonu'o review cases, related images, up to six (6) correspondences, % d other relatiidxinformation required to adjudicate the disputed Violation. The system yl9lso enablei;�ye Court staff to accept and account for payments. Any costs charged by lyd party , ndor related to the provision of ATS data to the adjudication system are the rnsiity of the Customer. 1.2.7 The Axf- System shall provide the Customer with the ability to run and print standard system`reports. For any reports not readily available from the Axsis System, ATS shall provide a cost estimate to the Customer for providing such services. 1.2.8 96 F R9 th@ t'N@1 @ (1 m ...ORth 9 Old £nlln,n, „ th@ Ristallat OR ,.£ the £.st AamprawUpon ATS' receipt of a written request from the Customer at least fourteen (14) calendar days in advance of a court proceeding, and if required by the Court or prosecutor, ATS shall provide the Customer with or train a local expert witness to testify in Court on matters relating to the accuracy, technical operations, and effectiveness of the Axsis System until judicial notice is taken. Customer shall use its best efforts to obtain judicial notice as soon as possible. if a ATS e eFt Wdt Ress Fed MeFe thaR tA'e (2) times d F g the tWel e (12) Rth p ed Qust. meF shall FIR MI9_lF ATS fee aRY able ti Me and t FaVIRI PARtS ;^ ,,FIRd £ , the add ti ARal ,t�to� ATS shall provide the Customer with Confidential Page 13 of 17 5/920134:21 PMS'onn,�.�,e-o:nc dM City of Kent,Washington radar certifications, if applicable, or other any other required eguipmRtR certifications, in order to establish the admissibility of speed determinations prior to the date each radar is operated, and upon the recertification of any radar equipment. 1.2.9 In those instances where damage to a Camera System (or sensors where approved) is caused by (i) negligence on the part of ATS or its authorized agent(s), (ii) negligence or recklessness on the part of a driver or other person (except for City employees), eF-(iii) vandalism, or (iv) severe weather or acts of God, ATS shall bear the cost of repair. For all other causes of damage, Customer shall reimburse ATS for the cost of repair. 1.2.10 ATS shall provide a help-line to assist the Customer with resolving any problems encountered regarding its Camera System and/or Citation ssing. The help-line shall function during normal business hours. i' gar � �. 1.2.11 As part of its Camera System, ATS shall provi� ;Vid) ars with the ability to view Violations online. This online viewing system shninclud�'y I,tnk to the ATS payment website(s) and may offer the opportunity to dq ,nlod an affi ( t,of non-liability online. Online obtained affidavits, if approved by thgb(Ndtmay be dire "IIjtp and processed by ATS and communicated to the Court via tt"Qxsis transfer describe� ve. 1.2.12 For video retrievals requested by C'6'SC10er unrelql,d to enforcement a Violation, including but not limited to investigation of p"'f) final k r, ATS wil up to 2 video retrievals per month at no cost to C690 �F For each additional video retrieval, Customer shall pay a fee pursuant to Exhibit A ( ',q' eo Retrieval Fee"). ;% 2. CUSTOMER SCOPE OF WORK �;ii, 'No", NI,! / , 2.1 GENERAL IMPLEMENTATION REQUIEMV� 2.1.1 Within s y ive a df this Agreement the Customer shall pr l iling ad� ss, email address and phone number of o a pr uthority to Tdinate Customer responsibilities under this Agreem �i�i rg %'1%� /r/ "gow ible for oversight of all Court-related program dG' � ;jftments r�� o Thal f� contt,�� ?�'�� o The Cot3 ntact 11 i o The perso„ sponslf'for overseeing payments by violators (might be court) � The Prose' ng AttNmey % ^ The City Att�hey 611/1,The Financ dontact (who gets the invoices and will be in charge of reconciliation) o ; IT per ' n for the police o on for the courts o The` Iic Works and/or Engineering contact responsible for issuing any/all permits for o nstruction 2.1.2 Within seven (7) business days of the Effective Date of this Agreement, the Customer shall provide ATS with the name and contact information for a Municipal Court manager responsible for oversight of all Court-related program requirements. 2.1.3 The Customer and ATS shall complete the Project Time Line within thirty (30) calendar days of the Effective Date of this Agreement, unless mutually agreed to otherwise by the Parties. The Customer shall make every effort to adhere to the Project Time Line. 2.1.4 The Customer shall direct the Chief of Police or approved alternate to execute the ATS DMV Services Subscriber Authorization (Exhibit D) to provide verification to the State Confidential Page 14 of 17 5/920134:21 PMS'onn,�.�,e-o:nc dM City of Kent,Washington Department of Motor Vehicles, National Law Enforcement Telecommunications Syst34 or appropriate authority indicating that ATS is acting on behalf of the Customer for the purposes of accessing vehicle ownership data pursuant to the list of permissible uses delineated in the Drivers Privacy Protection Act 18 U.S.C. 2721, Section (b) (1) and as may otherwise be provided or required by any provision of applicable state law. 2.1.5 The Customer is responsible for notifying ATS of any leg^I�F rdinance changes in writing within forty-eight (48) hours of the first read of the proposed Iegislatieaordinance. ATS will not be responsible for any damages if not notified within the required time. 2.1.6 The Customer is responsible for all final jurisdictional issues. 2.1.7 Once a Notice to Proceed is granted to ATS in writing or bfndYh,the Customer shall not issue a stop work order to suspend activity on the/ �`�lementation process, unless Customer reimburses ATS for costs incurred up t ork order is issued. 2.1.8 Customer will design, fabricate, install and ma�taiYt/photo e' � ment warning signs. If Customer cannot provide such signage AT�y'y so an er shall reimburse ATS for such costs. far 2.1.9 If Customer does not provide paym#AJ'0 cessing/rervices Custom ��bll use ATS payment processing services. The fees f&''� ) box q(k!' ayment servic 'are presented in Exhibit A. v; /i/ 2.1.10 Customer shall provide a lLfd � or hearing officerfY ' ourt facilities to schedule and hear disputed Citations. ;ii/ v 2.1.11 Customer shall provide the spefic fa on the Citation or notice of violation to be issued by ATS%within the Effective Date of this Agreement 2.1.12 Custom ' fall apS,§ p the Citationbr notice of violation form within fifteen (15) days of recei��J ��p ATS. 'A TS reserves %,e right to make non-substantive formatting or nciddnta�' �ges to' e Citation or no�bf violation without approval by Customer. 21 13, G�p�er shalfq�dla�lq � } outbound phone calls and correspondence from question5ebout disputes and other issues relating to Citation d adjud CustON{1fi may refer citizens with questions regarding ATS or Axsis technology proca�" ,tvwebsites and/or toll free telephone numbers provided by for thatfpse 21141s thin ten (1( / ays after expiration of a second notice, Customer shall pursue quent colleorons of unpaid notices with an existing contractor or ATS. r nllontor{%4VIRni ioc in add itinn to the FIRPS n F=xh hit A 919W 13o Coo 913hp- L ilo 1 2.2 INFORMATION TECHNOLOGY DEPARTMENT OPERATIONS 2.2.1 In the event that remote access to the ATS Axsis System is blocked by Customer network security infrastructure, the Customer's Department of Information Technology shall coordinate with ATS to facilitate appropriate communications while maintaining required security measures. Confidential Page 15 of 17 5/920134:21 PMS'onn,�.�,e-o:nc AM City of Kent,Washington EXHIBIT C 35 DESIGNATED LOCATIONS Implementation and installation at any location is subject to Site Selection Analysis and engineering results and must be mutually agreed to by the parties. Additional locations may be selected in addition to first phase implementation and may be selected based on Site Selection analysis, collision history, input, community safety, recommendations from Customer and engineering feasibility assessment. Camera installations will be based on mutual agreement by Customer and ATS. Customer will provide ATS with written notice to proceed on the installation of any Camera System within thirty (30) days of the Effective Date for all locations designated hereon. This program may be implemented at additional locations. The locations will be designated by the Customer, which designation will be based upon Police Department Staff review and an engineering analysis. /fr i /l i r i e /h r r rr, rid rriG 1or�i �'Di p", El, r� %FIR"N' QV /; i ✓ aiir� rrri� '� r R �,f A/M rr J iiv °0'r J/r rid/iyl�iy. �/�r /;vr Confidential Page 16 of 17 5/920134:21 PMS'onn�.�l 2 o:n 2 nM City of Kent,Washington EXHIBIT D 36 DMV SERVICES SUBSCRIBER AUTHORIZATION Agency ORI: DATE Nlets 1918 W. Whispering Wind Dr. Phoenix, AZ 85085 Attn: Steven E. Correll, Executive Director Re: Authorization for American Traffic Solutions, Inc. to Perform MVD a Inc # i „ Dear Mr. Correll: cif' a��rJ Please accept this letter of acknowledgement that a Agreeme automated enforcement between and American TrSolutl J. is or will be enacted and will be or is in force. As a requirement of and In rrrfance of E t between American Trafs Solu�ons, Inc., It �(k� e necessary for American Traffic Solutions, Inc. to access Nlets motor ve4sle data r Please accept this letter as authorization from ican Traffic Solutions, Inc. to run motor vehicle inquiries. This authonzaf , t,*4 d wll(l`be in effect f&the term of our Agreement with Nlets and any subsequent renewals. y,r✓� This authorization will automatically ex��ffl �on the ter of the Agreement between and "4r,%p,Trafflc Solut and, such authorization is limited to violations detected by the automdd str ent camerO `systems. By completing the information below and signing this letter,drl a p, th I am a member of the and havdt, h or "A power American Traffic Solutions, Inc. to use CRI AGENCY f, 1 unction. °; �' Grp gr„ r % SUBSCRIBER INFORMATION Subscriber Agency/Name lr Nlets Agen rrr Name � g of Authorized", „ ��r�, y� Rept isib# 've o Mailing Addri r rr rr� rp AV, r i,r Telephone "T;,!� Fax Email Signature of Authorized Representative Date Signed Confidential Page 17 of 17 5/920134:21 PMS'onn�.�l 2 o:nc dM City of Kent,Washington 37 LAW DEPARTMENT Tom Brubaker, City Attorney Phone: 253-856-5782 KENT Fax: 253-856-6770 WASHING70N Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 May 14, 2013 To: Public Safety Committee From: Arthur "Pat' Fitzpatrick, Deputy City Attorney Regarding: Ordinance amending KCC 9.36 "Traffic Code" MOTION: Recommend adoption of the ordinance amending Chapter 9.36 of the Kent City Code, entitled "Traffic Code," adding a new Section 9.36.130 entitled "Traffic Safety School," formally establishing a traffic safety school to promote traffic safety within the city of Kent. SUMMARY: On September 8, 1964, the City passed Ordinance 1266 which expressed the intent of the City to join with King County to establish a traffic school formed pursuant to Chapter 46.83 RCW. There is no indication in available records to show that the traffic school referred to in Ordinance 1266 was ever formed. Since 2005, the Kent Police Department has operated a traffic school as a diversion program for certain persons charged with certain traffic infractions. This traffic school was formed and has been operated independently from King County. Through the program, eligible enrollees have the opportunity to attend the traffic school to avoid a committed finding for the traffic infraction. Those who attend the traffic school are instructed in the proper, lawful and safe operation of motor vehicles. The City is authorized, through its broad municipal powers found in Chapter 35A RCW, to maintain and operate a traffic safety school independent of Chapter 46.83 RCW. Through this ordinance, the City codifies the existing traffic school in Kent City Code 9.36.130, entitled, "Traffic Code," in order to officially establish and describe the program. EXHIBIT: Ordinance BUDGET IMPACT: None 1 38 ORDINANCE NO. AN ORDINANCE of the city council of the city of Kent, Washington, repealing Ordinance No. 1266 and adding a new section 9.36.130 to the Kent City Code establishing a Traffic Safety School to promote traffic safety within the city of Kent. RECITALS A. On September 8, 1964, the City passed Ordinance 1266 which expressed the intent of the City to join with King County to establish a traffic school formed pursuant to Chapter 46.83 RCW. There is no indication in available records to show that the traffic school referred to in Ordinance 1266 was ever formed. B. Since 2005, the Kent Police Department has operated a traffic safety school as a diversion program for certain persons charged with certain traffic infractions. This traffic school was formed and has been operated independently from King County. Through this program, eligible enrollees have the opportunity to attend the traffic school to avoid a committed finding for a traffic infraction. Those who attend the traffic school are instructed in the proper, lawful, and safe operation of motor vehicles. C. The City is authorized, through its broad municipal powers found in Chapter 35A RCW, to maintain and operate a traffic safety school 1 Traffic Safety School Ordinance 39 independent of Chapter 46.83 RCW. Through this ordinance, the City codifies the existing traffic school in Kent City Code 9.36.130, entitled, "Traffic Code," in order to officially establish and describe the program. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. — Amendment. A new Section 9.36.130 is hereby added to the Kent city code as follows: Sec. 9.36.130. Traffic safety school. A. Authorized. The traffic safety school is hereby authorized. The traffic safety school shall be administered and operated by the police department. B. Purpose. The purpose of the traffic safety school is to create a foundation for safe driving habits by educating participants in the proper, lawful, and safe operation of motor vehicles upon the roadway, the rules of the road, the challenges of driving safely among bicyclists and pedestrians, and the consequences of unsafe driving practices. C. Attendance. Attendance at the traffic school may be a condition of diversion of a traffic infraction or criminal traffic citation prior to the filing of the infraction or criminal traffic citation. Attendance at the traffic school may also be ordered by the Kent Municipal Court or agreed to by the prosecutor as a condition of a sentence, suspended sentence, deferral of sentence, or continuance in a criminal case or as condition of a deferred finding in a traffic infraction case. 2 Traffic Safety School Ordinance 40 D. Fee. The police department shall charge a fee to attend the traffic safety school. The amount of the fee shall be established or amended by the city council by resolution. Fees collected to attend the traffic safety school may be used to: 1. Reimburse the city for the costs of administering the traffic safety school; 2. Provide for safe driver education materials, programs, promotions and advertising; 3. Pay the costs associated with the training of law enforcement officers and personnel or purchase law enforcement equipment; or 4. Pay the costs related to the investigation and enforcement of traffic related offenses and criminal laws. E. Policies and procedures. The city shall establish policies and procedures that determine who shall be eligible for the traffic safety school; the dates, times, and location in which the traffic safety school shall be offered; the curriculum of the traffic safety school; and the effect of successful completion of the traffic safety school. SECTION 2, — Ordinance No. 1266 Repealed. Ordinance number 1266, originally passed on September 8, 1964, is repealed in its entirety, along with any other ordinance to the extent that such other ordinance amended Ordinance 1266. SECTION 3. — Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. SECTION 4, — SeverabilitY. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, that 3 Traffic Safety School Ordinance 41 decision shall not affect the validity of the remaining portion of this ordinance and the same shall maintain its full force and effect. SECTION S. - Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section or subsection numbering; or references to other local, state or federal laws, codes, rules, or regulations. SECTION 6, - Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication as provided by law. SUZETTE COOKE, MAYOR ATTEST: RONALD F. MOORE, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of 2013. APPROVED: day of 2013. PUBLISHED: day of 2013. 4 Traffic Safety School Ordinance 42 I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) RONALD F. MOORE, CITY CLERK P:\Civil\Ordinance\Traffic Safety School Ordinance.docx 5 Traffic Safety School Ordinance 43 POLICE DEPARTMENT � Ken Thomas, Chief of Police KENT Phone: 253-856-5800 Fax: 253-856-6802 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: May 14, 2013 TO: Public Safety Committee SUBJECT: DSHS Youth alcohol prevention grant MOTION: Recommend the Mayor accept the grant award from the Washington State Department of Social & Health Services that focuses on youth alcohol use prevention, adjust the budget and authorize execution of any document relating to the grant funds with terms and conditions acceptable to the city attorney and police chief. SUMMARY: The city of Kent police department applied for and was awarded a grant from the Washington State Department of Social & Health Services. The grant funds will be used for a youth alcohol use prevention project carried out by the Kent Police Youth Board. Exhibits: Registration/Intake Application Budget Impact: Unanticipated Income i� ICI Ili � ' II II°�ii'�il�l 44 Let's Draw the Line Between Youth and Alcohol - 2013 Registration Form Project Contact person: Stacy Judd Phone number: 253-856-5883 Email address: sjudd@kentwa.gov Name of group that will carry out the project: Kent Police Youth Board Mailing address (including city and zip code): 220 41h Ave S Kent, WA 98032 County in which the activity will occur: King If applicable: Name of fiscal agent (organization the Washington State Department of Social & Health Services will contract with): City of Kent, dba Kent Police Department Mailing address of fiscal agent (including city and zip code): 220 4'h Ave. South Kent, WA 98032 Name of the Contractor Signatory at the fiscal agent: (this is a person who has authority to sign contracts): Chief Ken Thomas Commitment: . Projects include four activities. Two are required and two are selected from the 11 options listed on the next page. • Required reporting for each activity is listed next to each activity. Funding: . Groups will receive $2,000 for completing their LDTL activities and for timely reporting. Project . Completed Registration Forms are due on or before February 8, 2013. Period & . Projects may start as soon as a contract is in place. Important . All activities must be completed by May 31, 2013, unless other Dates: arrangements are made with DBHR prior to this deadline. • All reporting must be submitted by June 14, 2013, unless other arrangements are made with DBHR prior to this deadline. • There will be penalties for final reports that are late or incomplete. For each business day the final report is late, there will be a $100 deduction. For each reporting element that is missing or incomplete, there will be a $100 deduction. Return completed form to: LDTL2013@dshs.wa.Rov. Unless otherwise noted, all e-mail correspondence, including reporting of project requirements, are to be sent to: LDTL2013@dshs.wa.Rov. For phone inquiries, call Ray Horodowicz at: (360) 725-1528. Scope of Work 45 Required Activities & Reporting Requirements: Description of Activity: Reporting Requirement: ❑X Our Town Presentation. Create a presentation showing the impact o A digital copy of the presentation. of alcohol and liquor privatization on underage drinking in your o Hard copy or readable, scanned community. Presentations must summarize information from local copies of your completed CANS. CANS (Community Assessment of Neighborhood Stores) and must Scans must be submitted as a PDF. include information from your local law enforcement and retailers. o Names of groups presented to, date of Show presentation to at least 2 different groups or organizations in presentations, number in attendance. our community. ❑R Social Norms Mini-Campaign. Implement a social norms marketing o Photos of the social norms marketing campaign at one high school in your community. The campaign must campaign. use posters to communicate a core message at least two times over a o Information about number of youth two month period. You must select from messages provided by LDTL and adults at your school that were organizers and then localize with Healthy Youth Survey data. exposed to the campaign. Guidelines for appropriate images and messaging must be followed. Other items besides posters, such as buttons or clings, can also be used to promote the message of your campaign. Activities to Choose From & Reporting Requirements: Mark which two activities your group will carry out. More detailed descriptions of these activities are available via www.LetsDrawTheLine.org. Description of Activity: Reporting Requirement: ❑ Meet your lawmakers. o Photos of your group meeting with the lawmakers. ❑ Advertising Awareness Training. o Photos of your presentations of this training to other groups. o Number of adults and youth who attending the training. Environmental Scan. o A digital copy of the presentation. ® o Names of groups presented to, date of presentations, number in attendance. ❑ Flash Mob. o Video of the event. Video from phones are acceptable. o Number of participants. ® Social Media. o Screen shots of content. Police Tip Line, LDTL style. o Proof that tip line was established. (ie: copy of print ad that runs n newspaper) ID Check Signage. o Photos of the activity, including photo of the ID Check policy posted by the store's register. ❑ Store Policy. o Narrative of challenges and successes related to this activity. ❑ Event/Rally. o Photos of the event. o Information about number of participants. HERO Cards. o Forward a copy of the e-mail with the underage drinking prevention message. ❑ Traditional News Media. o Copy of the item(s) that are run. Return completed form to: LDTL2013@dshs.wa.eov. 2of2 R11"rn'nproa ware 46 I'I Department of Social Contractor Intake &HeallhServices Section One: Contractor Name/Business Organization (DSHS staff enter on ACD Intake Detail screen) 1. CONTRACTOR NAME DBA OR FACILITY NAME City of Dent Police Department 2. BUSINESS ORGANIZATION ❑ Individual or Sole Proprietor ❑ General Partnership ❑ Non-Profit Corporation (Attach a copy of 501(c) status) ❑ Limited Liability Partnership (LLP) ❑ For Profit Corporation ❑ Limited Liability Limited Partnership (LLLP) ❑ Faith Based (FBO) Non-Profit Corporation ❑ Limited Liability Company, filing as a Corporation ❑ Faith Based (FBO) Unincorporated ❑ Limited Liability Company, filing as a Partnership ® Governmental Entity ❑ Limited Liability Company, filing as a Sole Proprietor ❑ Foreign Person or Entity If your business is NOT a sole proprietorship, attach a list of the partners, members, directors, officers, and board members. 3. TAXPAYER IDENTIFICATION NUMBER(TIN) $OCIBI Security Number Enter your TIN in the appropriate box. (Enter all 9 numbers, ® For individuals, this may be your Social Security Number OR NO DASHES) (SSN). Employer Identification III 91-6001254 Number (Enter all 9 numbers, ® For other entities, it is your Employer Identification Number. NO DASHES) 4. DEFAULT REPORTED, FISCAL YEAR, UBI NUMBER,AND BUSINESS LICENSE Have you had any contract with the state terminated for default? ❑ Yes ® No If yes, attach a list of terminated contracts with an explanation why each contract was terminated. Is your fiscal year end the same as the calendar year(January 1 through December 31)? ® Yes ❑ No If the answer is no, what is your fiscal year end date? What is your Washington State Uniform Business Identifier(UBI) Number? 173-000-002 (Enter all 9 numbers, NO DASHES) Attach a copy of your current Washington State Master Business License. i If you do not have a Washington State Master Business License, explain below why you are exempt from registering your business with the State of Washington. (See page 1 for information on exemptions.) attached is letter explaining exemption Section Two: Contractor Primary Address (DSHS staff enter on ACD Intake Detail screen) CONTRACTOR PRIMARY ADDRESS (NUMBER,STREET,AND APARTMENT OR SUITE NUMBER) 220 4" Ave S. CITY, STATE,AND ZIP CODE Kent, WA 98032 EMAIL ADDRESS COUNTY WHERE PRIMARY ADDRESS IS(FOR OUT-OF-STATE CONTRACTORS) sjudd(&,kentwa.gov King PHONE NUMBER(INCLUDE AREA CODE) FAX NUMBER(INCLUDE AREA CODE) (253) 856-5883 (253) 856-6802 DSHS 27-043(REV.0112012) Page 2 Of 4 Section Three: Contractor Ownership Type (DSHS staff enter, as applicable, on ACID Intake Deta47creen) In your opinion, do you consider your business to be one or If your business is Certified by Washington State's Office more of the following? If so, please check the boxes that of Minority and Women Owned Business Enterprises apply. (OMWBE) http://www.omwbe.wa.gov, or Department of YES NO. Veterans Affairs (DVA), enter the certification number. Disadvantaged Business Enterprise ❑ ❑ Woman Owned Business Enterprise ❑ ❑ Minority Owned Business Enterprise ❑ ❑ Veteran Owned Business Enterprise ❑ ❑ Community Based Organization ❑ ❑ Section Four: Contractor Primary Contact Person (DSHS staff enter on ACD Intake Detail screen) Primary contact person is a(n): ❑ Owner ❑ Officer or Board Member ❑ Partner ❑ Staff Member ❑ Elected Official ® Other(please identify) Chief of Police (DSHS staff enter as applicable on ACID) Is the primary contact person authorized to sign contracts? ® Yes ❑ No PRIMARY CONTACT NAME AND JOB TITLE PHONE NUMBER(INCLUDE AREA CODE) Ken Thomas, Chief of Police (253) 856-5883 FAX NUMBER(INCLUDE AREA CODE) PRIMARY CONTACT EMAIL ADDRESS (253) 856-6802 kthomas@kentwa.gov PAGER NUMBER(INCLUDE AREA CODE) CELLULAR PHONE NUMBER(INCLUDE AREA CODE) Section Five: Additional Information (DSHS staff enter on Intake Detail—Sub Information Summary screens) 1.. ADDITIONAL CONTRACTOR ADDRESSES: IF YOU HAVE MORE THAN TWO ADDITIONAL ADDRESSES,YOU MAY ATTACH A LISTING OF ADDITIONAL ADDRESSES. ADDRESS ADDITIONAL ADDRESS(NUMBER, STREET,AND APARTMENT OR SUITE NUMBER) DESCRIPTION ❑ Billing address ❑ Facility address CITY,STATE,AND ZIP CODE ❑ Mailing address PHONE NUMBER(INCLUDE AREA CODE) COUNTY WHERE PRIMARY ADDRESS IS(FOR OUT-OF-STATE CONTRACTORS) FAX NUMBER(INCLUDE AREA CODE) EMAIL ADDRESS ( ) ADDRESS ADDITIONAL ADDRESS(NUMBER, STREET AND APARTMENT OR SUITE NUMBER) DESCRIPTION ❑ Billing address ❑ Facility address CITY,STATE,AND ZIP CODE ❑ Mailing address PHONE NUMBER(INCLUDE AREA CODE) COUNTY WHERE PRIMARY ADDRESS IS (FOR OUT-OF-STATE CONTRACTORS) ( ) I FAX NUMBER(INCLUDE AREA CODE) EMAIL ADDRESS ( ) I DSHS 27-043(REV.0112012) Page 3 of 4 2. ADDITIONAL STAFF: IF YOU HAVE MORE THAN TWO ADDITIONAL STAFF(LISTED BELOW),WHO ARE ALSO RELEVANT TO"R DSHS CONTRACTS, PLEASE PROVIDE INFORMATION ABOUT THOSE STAFF ON A SEPARATE PAGE. Additional staff person is a(n): ❑ Officer or Board Member ❑ Partner ® Staff Member ❑ Elected Official ❑ Other(please identify) (DSHS staff enter as applicable on ACID) Is the additional staff authorized to sign contracts? ❑ Yes ® No Is the additional staff a contact for DSHS contracts? ® Yes ❑ No ADDITIONAL STAFF NAME PHONE NUMBER(INCLUDE AREA CODE) Stacy Judd (253) 856-5883 FAX NUMBER(INCLUDE AREA CODE) ADDITIONAL STAFF EMAIL ADDRESS (253) 856-6802 sjudd@kcntwa.gov PAGER NUMBER(INCLUDE AREA CODE) CELLULAR PHONE NUMBER(INCLUDE AREA CODE) , . Additional staff person is a(n): ❑ Officer or Board Member ❑ Partner ❑ Staff Member ❑ Elected Official ❑ Other(please identify) (DSHS staff enter as applicable on ACID) Is the additional staff authorized to sign contracts? ❑ Yes ❑ No Is the additional staff a contact for DSHS contracts? ❑ Yes ❑ No ADDITIONAL STAFF NAME - PHONE NUMBER(INCLUDE AREA CODE) ( ) FAX NUMBER(INCLUDE AREA CODE) ADDITIONAL STAFF EMAIL ADDRESS PAGER NUMBER(INCLUDEAREA CODE) CELLULAR PHONE NUMBER(INCLUDE AREA CODE) ( ) ( ) Section Six:- Contractor Certification (DSHS staff enter on ACID Intake Detail as Intake Form Date) You must sign, date, and return this form. I certify, under penalty of perjury as provided by the laws of the State of Washington, that all of the foregoing statements are true and correct, and/that I will notify DSHS of any changes in any statement. SIGNATU '- DATE PRINTED NAME Stacy Judd 03/01/2013 TITLE �tl Public Education Specialist ATTACHED SUPP RTING DOCUMENTATION CHECKLIST ❑ Copy`'of`your W-9 - Request or Taxpayer Identification Number and Certification ❑ Copy of statement showing non-profit 501(c) status (if applicable) ❑ List of partners, members, directors, officers, and board members (not applicable to sole proprietors) ❑ Copy of your Washington State Master Business License or proof of exemption ❑ List of any contracts you have had with the state that have been terminated for default, including a brief explanation (if applicable) ❑ List of Additional Addresses (if applicable) ❑ List of Additional Staff(if applicable) ❑ Copy of your Certificate of Insurance (if applicable) DSHS 27-043(REV.01/2012) Page 4 of 4 i 49 KENT WASHING TON CITY CLERK Brenda Jacober Phone:253-856-5125 Fax:253-856-6700 320 `2 Kent, WA .5 895 S.The City of Kent is a municipal corporation and A980 98032.5 is exempt from tax as defined under Title 26 IRC 501 (c) (1) . The City is authorized to accept charitable donations pursuant to City of Kent Ordinance No. 2961 . Pursuant to Section 170 of the Internal Revenue Code, your donation may be tax deductible. The City recommends that you seek the advice of a professional experienced in taxation matters to determine if your donation is tax deductible . Brenda Jacober, CMC City Clerk 50 POLICE DEPARTMENT � Ken Thomas, Chief of Police KENT Phone: 253-856-5800 w^ ° ° Fax: 253-856-6802 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: May 14, 2013 TO: Public Safety Committee SUBJECT: Drug Free Coalition — INFORMATION ONLY MOTION: NONE SUMMARY: Stacy Judd and a member of the Kent Police Department Youth Board will make a presentation to the committee. 51 POLICE DEPARTMENT � Ken Thomas, Chief of Police KENT Phone: 253-856-5800 Fax: 253-856-6802 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: May 14, 2013 TO: Public Safety Committee SUBJECT: Target Zero Manager Grant MOTION: Recommend the Mayor accept a grant in the amount $61,000 from the Washington Traffic Safety Commission funding 60% of the salary and benefits for the Target Zero Manager position with the city, and authorize executing any related documents with terms and conditions acceptable to the city attorney and police chief. SUMMARY: The Kent Police Department hosts the Target Zero Manager position of the South King County Target Zero Task Force and will continue to do so through June 30, 2014. The Washington Traffic Safety Commission has agreed to fund 60% of the salary and benefits of the Target Zero Manager position with the city for the period of July 1, 2013 through June 30, 2014. Exhibits: Notice of funding commitment and Contract Budget Impact: Income to reimburse the city for 60% of the salary and benefits of the Target Zero Manager position with the city. 52 From: Esqueda, Edica (WTSC) fmailto:eesgueda@wtsc.wa.govl Sent: Monday, April 22, 2013 2:12 PM To: Wood,Sara Subject: FW: South King County Target Zero Task Force - 2013fl-4 Importance: Nigh (Sara, the email below is the funding commitment email I sent last week with the updated funding amount we spoke about last week on the phone. Please forward to the appropriate parties.—01 ee) Sgt.Constant, The Washington Traffic Safety Commission would like to thank you and the Kent Police Department for your commitment to the South King County Target Zero Task Force. We appreciate KPD for hosting the Target Zero Manager and would like to enter into a yearlong interagency agreement with the Kent Police Department for continued Target Zero Manager services through June 30,2014. This is a departure from our previous process in which contracts were executed for 2 years, but as you have heard, the Target Zero Task Forces are undergoing a program assessment to determine future program mechanisms. Between now and the end of the year you may be contacted - as one of our valued partners - to contribute suggestions and offer feedback on your experience as a Project Director. The South King County Target Zero Task Force is eligible W receive $61,000.00 for costs associated with hosting the Target Zero Manager position for the July 1, 2013 through June 30, 2014 timeframe. There will be no competitive process this year and the WTSC has also removed the .85 FTE requirements. The Interagency Agreement will have a new scope of work. The WTSC will contact you in 2-3 weeks with an Interagency Agreement Template. The new scope of work and job expectations will be added to the Interagency Agreement Template. Once you receive the template you will have the opportunity to review the contents and suggest changes. The new agreement must be signed and filed with the WTSC by June 28,2013. Please contact Angie Ward at 360-725-9888 award@wtsc.wa.gov or Edica Esqueda at 360-725- 9886 eesoueda@wtsc.wa.eov to answer any questions you may have. Thank you for your support of the Target Zero Task Force! Sincerely, Edica Esqueda Edica Esqueda Program Manager - Washington Traffic Safety Commission P.O.Box 40944 Olympia,WA 985o4-o944 (360)7z5-9886 office (360)586-6489 fax 53 INTERAGENCY AGREEMENT BETWEEN KENT POLICE DEPARTMENT AND WASHINGTON TRAFFIC SAFETY COMMISSION THIS AGREEMENT is made and entered into by and between the KENT POLICE DEPT hereinafter referred to as "HOST AGENCY," and the Washington Traffic Safety Commission, hereinafter referred to as 'WTSC." THE PURPOSE OF THIS AGREEMENT is to provide funding for the HOST AGENCY to provide personnel to serve as the S. KINC County Target Zero Manager (hereinafter referred to as TZM.) The TZM shall perform the deliverables described in the Statement of Work, attached as Exhibit "A." THEREFORE, IT IS MUTUALLY AGREED THAT: STATEMENT OF WORK The HOST AGENCY shall furnish the necessary personnel for the performance of TZM duties as described in the Statement of Work shown in attached Exhibit A. PERIOD OF PERFORMANCE The period of performance of this Agreement shall commence on July 1, 2013 and remain in effect until June 30, 2014 unless terminated sooner, as provided herein. COMPENSATION Compensation for the work provided in accordance with this Agreement has been established under the terms of RCW 39.34. The cost of accomplishing the work described in the Statement of Work will not exceed $61,000.00 for salary, benefits, and indirect costs, if applicable. If HOST AGENCY intends to charge indirect costs, submission of a cost allocation plan or a Federal cognizant agency letter is required. It is the intent of this agreement that the Statement of Work be performed consistently throughout the entire period of performance. HOST AGENCY may provide additional funds for costs associated with TZM position. In such cases that the designated TZM is unable to perform the Statement of Work for more than 30 days, unless HOST Agency has made prior arrangements with WTSC to fulfill the Statement of Work, the HOST AGENCY will not bill WTSC during that period. BILLING PROCEDURE BETWEEN HOST AGENCY AND WTSC HOST AGENCY shall submit invoices for reimbursement with supporting documentation to WTSC monthly. Payment to HOST AGENCY for approved and completed work will be made by warrant or account transfer by WTSC within 30 days of receipt of the invoice. Upon expiration of the Agreement, any claim for payment not already made shall be submitted within 45 days after the expiration date of this Agreement. All invoices for goods received or services performed on or prior to June 30, must be received by WTSC no later than August 15. All invoices for goods or services performed on or prior to September 30, must be received by WTSC no later than November 15. ACTIVITY REPORTS HOST AGENCY agrees to ensure submittal of quarterly progress reports electronically on the form entitled "Target Zero Manager Quarterly Report" incorporated by reference as Exhibit B. Page 1 of 12 54 Quarterly reports are to be detailed and must describe project activity performed in relation to deliverables. Quarterly reports must be submitted to WTSC within 15 days after the end of the reporting period. The final report must include a description of the results for the entire year. ASSIGNMENT The work to be provided under this Agreement, and any claim arising thereunder, is not assignable or delegable by either party in whole or in part, without the express prior written consent of the party, which consent shall not be unreasonably withheld. The HOST AGENCY shall provide the WTSC a copy of all third-party contracts and agreements entered into for purposes of fulfilling the Statement of Work outlined in Exhibit A. All third-party awards must allow for the greatest practical competition in accordance with local procurement rules and procedures. RECORDS MAINTENANCE The parties to this Agreement shall each maintain books, records, documents and other evidence that sufficiently and properly reflect all direct and indirect costs expended by either party in the performance of the service(s) described herein. These records shall be subject to inspection, review or audit by personnel of both parties, other personnel duly authorized by either party, the Office of the State Auditor, and federal officials so authorized by law. All books, records, documents, and other material relevant to this Agreement will be retained for six years after expiration and the Office of the State Auditor, federal auditors, and any persons duly authorized by the parties shall have full access and the right to examine any of these materials during this period. Records and other documents, in any medium, furnished by one party to this Agreement to the other party, will remain the property of the furnishing party, unless otherwise agreed. The receiving party will not disclose or make available this material to any third parties without first giving notice to the furnishing party and giving it a reasonable opportunity to respond. Each party will utilize reasonable security procedures and protections to assure that records and documents provided by the other party are not erroneously disclosed to third parties. RIGHTS IN DATA Unless otherwise provided, data that originates from this Agreement shall be "works for hire" as defined by the U.S. Copyright Act of 1976 and shall be owned by the WTSC and the State Of Washington. Data shall include, but not be limited to, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. Ownership includes the right to copyright, patent, register, and the ability to transfer these rights. The HOST AGENCY may publish, at its own expense, the results of project activities without prior review by the WTSC, provided that any publications (written, visual, or sound) contain acknowledgment of the support provided by the National Highway Traffic Safety Administration (NHTSA) and the WTSC. Any discovery or invention derived from work performed under this project shall be referred to the WTSC, who will determine through NHTSA whether patent protections will be sought, how any rights will be administered, and other actions required to protect the public interest. INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. Page 2 of 12 55 AGREEMENT ALTERATIONS AND AMENDMENTS This Agreement may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. TERMINATION Either party may terminate this Agreement upon thirty (30) days prior written notification to the other party. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. TERMINATION FOR CAUSE If, for any cause, either party does not fulfill in a timely and proper manner its obligations under this Agreement, or if either party violates any of these terms and conditions, the aggrieved party will give the other party written notice of such failure or violation. The responsible party will be given the opportunity to correct the violation or failure within fifteen (15) working days. If failure of violation is not corrected, this Agreement may be terminated immediately by written notice of the aggrieved party to the other. COST PRINCIPLES Costs incurred under this Agreement shall adhere to provisions of OMB 2 CFR Part 225 and 49 CFR Part 18 for state and local agencies, OMB Circulars A-21 and A-110 for educational institutions, and OMB Circular A-122 for nonprofit entities. The HOST AGENCY shall not utilize Federal grant funds to replace routine and/or existing State or local expenditures; or utilize Federal grant funds for costs of activities that constitute general expenses required to carry out the overall responsibilities of State, local, or Federally-recognized Indian tribal governments. INCOME Income earned by the HOST AGENCY with respect to the conduct of the Statement of Work (e.g. sale of publications, registration fees, service charges) must be accounted for and income applied to project purposes or used to reduce project costs. NONDISCRIMINATION The HOST AGENCY will comply with all Federal statutes and implementing regulations relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended, which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended, and the Americans with Disabilities Act of 1990, as amended, which prohibits discrimination on the basis of disabilities; (d) the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; (e) the Civil Rights Restoration Act of 1987, which requires Federal-aid recipients and all subrecipients to prevent discrimination and ensure nondiscrimination in all of their programs and activities; (f) the Drug Abuse Office and Treatment Act of 1972, as amended, relating to nondiscrimination on the basis of drug abuse; Page 3 of 12 56 (g) the comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (h) Sections 523 and, relating to confidentiality of alcohol and drug abuse patient records; (i) Title VIII of the Civil Rights Act of 1968, as amended, relating to nondiscrimination in the sale, rental or financing of housing; Q) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and (k) the requirements of any other nondiscrimination statute(s) which may apply to the application. BUY AMERICA ACT The HOST AGENCY will comply with the provisions of the Buy America Act (49 U.S.C. 53230)), which contains the following requirements: Only steel, iron and manufactured products produced in the United States may be purchased with Federal funds unless the Secretary of Transportation determines that such domestic purchases would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. Clear justification for the purchase of non-domestic items must be in the form of a waiver request submitted to and approved by the Secretary of Transportation. POLITICAL ACTIVITY (HATCH ACT) The HOST AGENCY will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508) which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. FEDERAL LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all sub-award at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. Page 4 of 12 57 This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. STATE LOBBYING None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. DEBARMENT AND SUSPENSION Instructions for Lower Tier Certification 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definition and Coverage sections of 49 CFR Part 29. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. (See below) Page 5 of 12 58 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Non-procurement Programs. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Lower Tier Covered Transactions: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. FEDERAL FUNDING ACCOUNTABILIYT AND TRANSPARENCY ACT(FFATA) In accordance with FFATA, the HOST AGENCY shall, upon request, provide WTSC the names and total compensation of the five most highly compensated officers of the entity if: (i) the entity in the preceding fiscal year received— (. 80 percent or more of its annual gross revenues in Federal awards; II. $25,000,000 or more in annual gross revenues from Federal awards; and (ii) the public does not have access to information about the compensation of the senior executives of the entity through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 or section 6104 of the Internal Revenue Code of 1986; DISPUTES In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the following manner: Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, agreement terms and applicable statutes and rules and make a determination of the dispute. The determination of the Dispute Board shall be final and binding on the parties hereto. As an alternative to this process, either of the parties may request intervention by the Governor, as provided by RCW 43.17.330, in which event the Governor's process will control. Page 6 of 12 59 GOVERNANCE This Agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington and any applicable federal laws. The provisions of this Agreement shall be construed to conform to those laws. In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: a. Applicable state and federal statutes and rules; b. Terms and Conditions of this agreement; c. Any Amendment executed under this Contract; d. Any Statement of Work executed under this Contract; and e. Any other provisions of the agreement, including materials incorporated by reference. WAIVER A failure by either party to exercise its rights under this Agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement unless stated to be such in a writing signed by an authorized representative of the party and attached to the original Agreement. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this agreement, and to this end the provisions of this Agreement are declared to be severable. DRUG-FREE WORKPLACE In accordance with the Drug-Free Workplace Act of 1988 (41 USC 8103 and 42 USC 12644), the HOST AGENCY shall publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace and shall specify the actions that will be taken against employees for violation of such provision. The HOST AGENCY shall establish a drug-free awareness program and require that employees provide notification of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such incident. The HOST AGENCY shall notify WTSC within ten days after such notification by an employee. Within 30 days, the HOST AGENCY will take appropriate personnel action against such employee, up to and including termination, and require the employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, state, or local health, law enforcement, or other appropriate agency. ALL WRITINGS CONTAINED HEREIN This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. DESIGNATED CONTACT The following named individuals will serve as designated contacts for each of the parties, for all communications and billings regarding the performance of this Agreement: Page 7 of 12 60 The Contact for HOST AGENCY is: The Contact for WTSC is: Sgt. Robert Constant Edica Esqueda Program Manager Traffic Unit 53-85Unit (360) 725-9886 eesq uedaV0wtsc.wa.gov rconstant@kentwa.gov IN WITNESS WHEREOF, the parties have executed this Agreement. AUTHORIZED SIGNATURE Signature Ken Thomas Printed Name Chief of Police Title Date PROJECT DIRECTOR Signature Robert Constant Printed Name Sergeant Title Date WASHINGTON TRAFFIC SAFETY COMMISSION Signature Darrin Grondel Printed Name Director Title Date Page 8 of 12 61 Exhibit A STATEMENT OF WORK ➢ General. HOST AGENCY shall provide personnel to serve as the SOUTH KING County Target Zero Manager (TZM) providing services consistently for the entire period of performance. ➢ Consideration. WTSC shall reimburse HOST AGENCY for TZM salary, benefits and indirect costs, not to exceed $61,000.00 not to exceed $5,083.33 per month. ➢ Agency Obligations. o HOST AGENCY will provide: 1. Supervision of TZM 2. Deliverables as listed below o WTSC will provide: 1. Training and development opportunities including pre-approved travel costs. 2. Mini-grants for program support 3. Quarterly county fatality data ➢ TZM Objectives and Deliverables. The work of the Target Zero Manager shall fulfill the following objectives and deliverables. o Objective 1 - Build consensus among the local traffic safety task force toward the development of comprehensive and collaborative traffic safety solutions guided by the Washington State Strategic Highway Safety Plan, Target Zero. Deliverables o Create, update, and utilize a Traffic Safety task force strategic plan built on data- driven analysis. o Lead and coordinate the Task Force in defining and prioritizing objectives, preparing work plans and schedules, and driving performance. o Plan and conduct regular meetings as agreed upon by parties. o Promote the value of membership to stakeholders. o Follow-up on meeting outcomes and action items. o Deliver exceptional public presentations at media events and other meetings to educate constituents, promote ideas, and build knowledge and skills in stakeholders. o Coordinate task force activities with the Law Enforcement Liaison. o Manage web and social media presence for the Traffic Safety Task Force. o Develop, coordinate, and actively participate in relevant conferences and training events. o Develop traffic safety project proposals utilizing proven strategies or innovative proofs of concept. Page 9 of 12 62 Objective 2 - Develop, implement and monitor specific programs as directed by the Washington Traffic Safety Commission or address local traffic safety problems. Deliverables o Coordinate national high visibility enforcement mobilizations. o Manage the implementation of the Target Zero Teams project (if applicable.) o Lead news & paid media outreach efforts. o Coordinate Traffic Safety Corridor Projects (if applicable.) o Plan, implement, and monitor local traffic safety projects such as Bar Safe o Coordinate the Victim Impact Panel (if applicable). o Conduct recognition and awards ceremonies. o Involved in child passenger safety projects. o Facilitate school zone equipment requests among Schools and Law Enforcement Agencies. o Emerging project coordination as needed by the WTSC. Objective 3 - Manage financial resources by monitoring and evaluating expenditures from various funding sources, ensuring adherence to guidelines and contractual terms. Deliverables o Write quarterly and final project reports (per format shown in Exhibit B) and direct expenditures of federal and state funds for traffic safety activities. o Negotiate working agreements with partners and other service providers to include defining scope of work and other contractual terms, establishing evaluation criteria, and assuring compliance with state and federal requirements. Objective 4 - Develop, implement, and monitor performance metrics and quality control processes to determine program effectiveness. Deliverables o Monitor local crashes and adjudication of traffic-related offenses. Review trends and high profile cases with task force. o Analyze traffic safety data and research to identify problems and trends. Page 10 of 12 63 Exhibit B W A S H I N G T O N Trap* Safety Target Zero Manager Quarterly Report G O M M I S S I O N Quarterly reports provide WTC with information that can be used to strengthen the state's overall traffic safety program. These reports should detail the project status, discuss progress toward established objectives and deliverables, and explain any problems or challenges encountered. The report may also suggest ways in which the Commission can assist with the project. If no action has been taken, please so indicate. (1) A. County: B. Target Zero Manager: C. Quarterly Report Number: ❑1st Quarter Report Oct. 1 — Dec. 31 Due on Jan. 15 ❑2" Quarter Report Jan. 1 — Mar. 31 Due on Apr. 15 ❑3r Quarter Report Apr. 1 — Jun. 30 Due on Jul. 15 ❑4 Quarter Report July 1 — Sept. 30 Due on Oct. 15 G. Other Report: ❑Final Report Due within 30 days of project close [_]Special Report Note: (2) Provide an update of your Task Force activities this period as related to deliverables in Objective 1. (3) Provide an update of program development, implementation, and monitoring as related to Objective 2. (4) What trends are seeing in your jurisdiction? Include information about crashes that involve the top Target Zero contributing factors: a. Impaired Driving: b. Speeding: C. Young Drivers: d. Run-off-the Road: e. Distracted: f. Intersection-related: g. Other: (6) Problems/Challenges Encountered: (7) Other Remarks: Page 11 of 12 64 Target Zero Manager Signature: Project Director Signature: Page 12 of 12 65 POLICE DEPARTMENT � Ken Thomas, Chief of Police KENT Phone: 253-856-5800 Fax: 253-856-6802 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: May 14, 2013 TO: Public Safety Committee SUBJECT: Fiscal Year 2012 Bureau Justice Assistance Grant MOTION: Recommend Council accept the Fiscal Year 2012 Bureau of Justice, Justice Assistance Grant in an amount of $51,883, authorize amending the budget and authorize expenditure of the funds in accordance with the grant terms acceptable to the police chief and city attorney. SUMMARY: The City of Seattle Police Department, the primary grant recipient, received the Justice Assistance Grant on August 3, 2012. The City of Seattle was required to hold a public hearing as a condition of the grant award. This requirement was completed by Seattle in April 2013. This funding will support police range repairs to ensure officer safety; equipping police officers with rifles; replacing worn bicycles for the Bike Patrol officers; and Corrections Officer overtime to supervise work crew activities in the community. Exhibit: Interagency Agreement Budget Impact: Unanticipated Income 66 Interagency Agreement Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2012 Local Solicitation Executed by City of Seattle Department Authorized Representative: Diane Pilon 610 5"'Avenue PO Box 34986 Scatde,NVA 98124-4986 and i City of Kent,hereinafter referred to as "Recipient", Grant Manager: Debra Leroy 220 4`r'Ave. S. Kent,WA 98032 IN WITNESS WHEREOF, the parties have executed this Agreement by having their representatives affix their signatures below. CITY OF I{ENT CITY OF SEA'TTLE Suzette Cooke,Mayor Clark Kinneret,Deputy Chief of Police Date: Authorized by: Grant Program: F_duiard Byrne Memorial Jurtice Arsistance Grant OAGJ Program FY 12.JAC,Interagency Agreement,Page 1 of 7 67 WHEREAS,the Justice Assistance Grant GAG)Program is the primary provider of federal criminal justice funding to state and local jurisdictions; and WHEREAS, the JAG Program supports all components of the criminal justice system, from multi- jurisdictional drug and gang task forces to crime prevention and domestic violence programs,courts, corrections, treatment,and justice information sharing initiatives;and WHEREAS,the United States Congress authotize.d$668,782 in the Justice Assistance Grant UAG) Program for jurisdictions in Icing County; and WI IEREAS, 12 jurisdictions in King County were required reapply for a JAG Program award with a single, joint application;and WHEREAS, the City,as the identified Fiscal Agent,submitted the joint application to die Bureau of Justice Assistance on May 14,2012 to request JAG Progrsun fiords;and WHEREAS,based on the City's successful application, the Bureau of Justice Assistance has awarded $668,782 to the City from these JAG Program funds;and WHEREAS,pursuant to the terms of tine grant whereby the City,as the identified Fiscal Agent for this award,is to distribute grant funds to co-applicants, the City intends to transfer some of the JAG funds it receives to those co-applicants;and WI IEREAS,the City is not obligated to continue or maintaht grant funding levels for the JAG Program once grant funds have lapsed;and WHEREAS,recipients of JAG funds from the City should not anticipate the City will assume responsibility for any program costs funded by.JAG once JAG funds are spent; NOW THEREFORE, the patties hereto agree as follows: This Interagency Agreement contains six Articles; ARTICLE I; TERM OF AGREEMENT: The term of this Interagency Agreement shall be in effect from the date it is executed by the SPD Chief of Police,or designee,until September 30, 2015 unless terminated earlier pursuant to the provisions hereof, ARTICLE II: DESCRIPTION OF SERVICES The settrices to be performed under finis Agreement shall be conducted for the stated purposes of the Byrne Memorial Justice Assistance Giant GAG)Program (42 U.S.C, 3751(a.)The Edward Byrne Memorial Justice Assistance Grant UAG) Program is the ptiunaty provider of federal crim nal justice funding to state and local jurisdictions,JAG funds support all components of die critnninal justice system, from multijurisdictional drag and gang task forces to crime prevention and domestic violence programs,courts, corrections, treatment, and justice information sharing initiatives.JAG funded projects may address crhne through the provision of services directly to individuals and/or communities and by improving the effectiveness and efficiency of criminal justice systems,processes, and procedures. FY l2 JAG Interagency Agreement,Page 2 of 7 68 AltTICLE III: SPECIAL CONDITIONS • Funds are provided by the U.S. Department of Justice,Office of Justice Programs,Bureau of Justice Assistance solely for the purpose of furthering the stated objectives of the Edward Byrne Memorial Justice Assistance Grant OAG)Program,The Recipient shall use the funds to perform tasks as described in the Scope of Work portion of this Agreement, • The Recipient acknowledges that because this Agreement involves federal funding, the period of performance described herein will likely begin prior to the availability of appropriated federal finds. The Recipient agrees that it will not hold the Seattle Police Department, the City of Seattle,or the Department of Justice liable for any damages, claim for reunbursement, or any type of payment whatsoever for services performed under thus Agreement prior to the distribution and avaaability of federal funds. • The Recipient shall comply with all conditions and limitations set forth in the FY 2012 Justice Assistance Grant Program Award # 2012-DJ-BX-0526. The FY 2012 Justice Assistance Grant Program Award Report H.: 2012-DJ-BX-0526 is attached to and made part of thus agicernent, as Attachment A.Allocation and use of grant funding must be in accordance with all special conditions included in the Award Report. All Recipients ate assumed to have read,understood,and accepted the Award Report as binding, • The Recipient acknowledges that all allocations and use of funds under this agreement will be in accordance with the Edward Byrne Memorial justice Assistance Grant OAG) Formula Program: Local Solicitation, Allocation and use of grant funding must be coordinated with the goals and objectives included in the Local Solicitation.All Recipients axe assumed to have read,understood, and accepted [lie Local Solicitation as binding. • Recipient agrees to obtain a valid DUNS profile and create au active registration with the Central Contractor Registration (CCR) database no later than the due date of the Recipient's first quarterly report after a subaward is made. • The Recipient shall comply with all applicable laws,regulations,and program guidance. A non- exhaustive list of regulations wrntnonly applicable to BJA giants ace listed below,including the guidance: (A) Administrative Requirements: OMB Circular A-102,State and Local Governments (10/7/94, amended 8/29/07) (44CFR Part 13) (B) Cost Principles: OhIB Circular A-87,State and Local Governments (5/10/04) (C) Audit Requirements: OMC Circular A-133,Audits of State,Local Governments,and Non- Profit Organizations (6/24/97,includes revisions in the Federal Register 6/27/03) (D) The Recipient must comply with the most recent version of the Administrative Requirements,Cost Principals,and Audit Requirements. VY 12 JAG Interagency Agreement,Page 3 ot7 69 l) Non-Federal entities that expend$500,000 or more in one fiscal year un Federal awards shall have a single or program-specific audit conducted for that year in accordance with the Office of Management and Budget (OMB) Circular A-133-Audits of States,Local Governments,and non-Profit Organizations. Non-federal entities that spend less than $500,000 a year in federal awards are exempt from federal audit requirements for that year,except as noted in Circular No. A-'133,bit records umst be available for review or audit by appropriate officials of the Federal agency,pass-tluough entity, and General Accounting Office (GAO). 2) Recipients required to have an audit must ensure the audit is performed in accordance with Generally Accepted Auditing Standards (GARS),as found in the Government Auditing Standards (the Revised fellow Book) developed by the Comptroller General and the OMB Compliance Supplement. The Recipient has the responsibility of notifying the Washington State Auditors Office and requesting an audit, 3) The Recipient shall maintain auditable records and accounts so as to facilitate the audit requirement and shall ensure that any sub-recipients also maintain auditable records. 4) The Recipient is responsible for any audit exceptions incurred by its own organization or that of its subcontractors. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report submitted to the Seattle Police Department.The Recipient must respond to requests for information or corrective action concerting audit issues or findings within 30 days of the date of request,The City reserves the tight to recover from the Recipient all disallowed costs resulting from the audit. 5) If applicable,once any single audit has been completed, the Recipient nuns(send a full copy of the audit to the City and a letter stating there were no findings,or if there were findings, the letter should provide a list of the findings. The Recipient must send the audit and the letter no Later than nine months after the end of the Recipient's fiscal year(s) to; Diane Pilon,JAG Program Manager Seattle Police Department 610 5th Avenue PO Box 34986 Seattle,WA 98124-4986 206-386-1996 6) In addition to sending.' copy of the audit, the Recipient must include a corrective action plan for any audit find'ungs and a copy of the management letter if one was received, 7) The Recipient shall include the above audit requirements in any subcontracts, The Recipient agrees to cooperate with any assessments, national evaluation efforts,or information or data collection requirements,including,but not linnited to, the provision of any information FY 12 JAG Interagency Agreement,Page 4 of 7 70 required for assessment or evaluation of actirrities within this agrecmcnt,and for compliance BJA reporting requirements. \vlren implementing funded activities, the Recipient must comply with all applicable federal,state, tribal government, and local laws,regulations,and policies.The Recipient is entirely responsible for determining the Recipient's compliance with applicable laws,regulations and policies,which include, but are not limited to: (A)City of Seattle regulations including,but not limited to: (1) Equal Benefits Program Rules (SNIC Ch.20.45:lnttp://cityofseattle.net/contract/equalbenefrts/) (2) Women and Minority Owned Affirmative Effort: If a Recipient intends to subcontract out act instead of performing the work itself, then the following requirement any part of a contr applies: Consultant shall use affirmative efforts to promote and encourage participation by women and minority businesses on subcontracting opportunities within the contract scope of work. Consultant agrees to make such efforts as a condition of this Agreement. a. Outreach efforts may include the use of solicitation lists,advertisements in publications directed to minority cotrmnunities,breaking down total requirements into smaller tasks or quantities where economically feasible,malting other useful schedule or requirements modifications drat are likely to assist small or WAIBE businesses to compete, targeted recrtuttnent efforts,And using the services of available minority community and public organizations to perform outreach- b. Record-Keeping: The Consultant shall maintain, for at least 24 months after the expiration or earlier termination of this Agreement,relevant records and information necessary to document all Consultant solicitations to subconsultants and suppliers,all subconsultant and supplier proposals received, and all subconsultants and suppliers actually utilized under this Agreemcr% The City shall have tine right to inspect and copy such records, (3) Licenses and Similar Authorizations: The Consultant,at no expense to the City,shall secure A maintain in full force and effect during the term of da s Agreement all requited licenses, pernuts,and similar legal authorizations,and comply with all requirements thereof. (4) Use of Recycled Content Paper: Whenever practicable, Consultant shall use reusable products including recycled content paper on all documents submitted to the City. Consultant is to duplex all documents that are prepared for the City under this Contract, whether such materials ate printed or copied,except when impracticable to do so due to the nature of the product being produced, Consultants are to use 100%post consumer recycled content, chlorin,--free paper in any documents that are produced for the City,whenever practicable,and to use other paper-saving and recycling measures in performance of the contract with and for the City. (5) tllnerieans with Disabilities Act: The Consultant shall comply with all applicable provisions of the Americans with Disabilities Act of 1990 its amended (ADA)in performing its obligations under this Agreement. Failure to comply with dte provisions of the ADA shall be a material breach of,and grounds for the immediate termination of, this Agreement. FY 12 JAG Interagency Agreement,Page 5 of 7 71 (6) Fair Contacting Practices Ordinance: The Consultant shall comply will' the Fait Contracting Practices Ordinance of Tile City of Seattle (Chapter 14.10 sNIC),as amended, (7) Suspension and Debatment:The Recipient certifies that neither it not its principals are presently debarred,suspended,proposed for debarment,declared 'ineligible,or voluntarily excluded from participating in teansactions by'any Federal department or agency. By signing the signed certification sat out and submittiing this Agreement, the Recipient is providing below. The certification this clause is s material representation of fact upon which reliance was placed when this transaction was entered into. �I If it is later determined tl'at the Recipient tendered an erroneous certification,the Federal Government and City may pursue available remedies,including termination and/or debarment, The Recipient shall provide immediate written notice to the City if at ally time the Recipient learns that its certification was erroneous when submitted or has become erroneous by reason of changed cicumstances, The Recipient agrees by signing this Agreement that it shall not enter into any covered transaction with a person of subcontractor who is debarred, suspended,proposed for debannent, declared ineligible,of voluntarily excluded from participation in this covered tnnsacdon, unless authorized in writing by the City, The Recipient shall include the requirement in this section in any subcontracts. (8) In the event of the Recipient's or subcontractor's noncompliance or refusal to comply with any applicable law,regulation or policy, tl'e City may rescind,cancel,or tefminate tine Agreement in whole of in part, The Recipient is responsible fox any and all costs or liability arising from the Recipient's failure to comply With applicable law,regulation,of Pfic}'. ARTICLE IV: SCOPE OF WORK The Scope of Work of this Agreement and the time schedule for completion of such Work is as described in Attachment B: Edward Byrne N[cuiotial Justice Assistance QAG) Gxant Formula Progtan'1G19 County Joint Application,Project Narrative and Attachment C:JAG Budget Worksheet,as approved by BJA. Attachment B and Attachment C are attached to and made part of this agreement. The work shall,at all times,be subject to the City's general review and approval.The Recipient shall confer With the City periodically during the progress of the Work,and shall prepare and present such infotmadon and materials (e.g. a detailed outline of completed work) as may be pertinent,necessaty,or requested by the City or BJt1 to determine the adequacy of tine Work or Recipient's progress, ARTICLE V: PAYMENT (A) Compensation tual cost basis. Total compensation under this Agreement's The Recipient shall be reimbursed on an ac $51,883. The Recipient shall incur authorized allowable expenses in accordance with tine Program Narrative and Project Budget,as detailed in Attachments B and C. PY 12 JAO Interagency Agreeuuent,Page 6 of 7 72 The Recipient may request additional reimbursement up to the amount of ilnterest accrued on then portion of the grant award.The City will provide quarterly statements to the Recipient,once the interest balance accrued equals at least$1,000. Reimbursements Will not be made for interest accrued that is less than$1,000. Reimbursements can be requested,up to the total annount of interest accrued,after the t itial quarterly statement has been sent, to perform tasks in accordance with the Program Narrative and Project Budget, as detailed in Exhibits B and C The Recipient shall submit invoices not snore than monthly,and at least quarterly. After the first quarter, monthly submission is preferred. Invoices are clue no later than 30 days after the end of the period in which the Work Was performed. No bavel or subsistence costs,including lodging and meals,reimbursed with federal fiords may exceed federal maximum rates,which can be found at http://www.gsa,gov. (B) Manner of Payment The Recipient shall submit reilnbutsenient requests not more than monthly,and at least quarterly. After the fast quarter, monthly submission is preferred. Requests are due no later than 30 days after the end of the period in which dne work was performed. Reimbursement request forms are provided. Substitute farms ace acceptable. With each reimbursennent request, the Recipient shall subunit: Detailed spreadsheet of expenditures by task and related Financial documents (tirnesheets, invoices) Project status report These documents and 'invoices must be kept on file by the Recipient and be made available upon request by die City or to state or federal auditors Reunbursement will not be processed without accompanying documentation for the corresponding time period; Once the above conditions are met, payment shall be made by the City to die Recipient Submit invoicing and documentation to: Diane Pilon,JAG Program Manager Seattle Police Department 610 5th Avenue PO Box 34986 Seattle,WA 98124-4986 206-386.9885 ARTICLE VI: AMENDMENTS No modification or amendment of the provisions hereof shall be effective unless in writing and signed by ides hereto.Tine pardes hereto expressly reserve the right to modify this authorized representatives of the pa Agreement,by mutual agreement. FY 12 JAG leterageacy Ageemenl,Page 7 of 7 73 •� P<p0rtl00nl OfII1WC0 UIRCO Of PVPHCJ PfOgIM1s PAOR 1 Of 7 � 9 ➢w'enu Uf JusUco AsslslRnco Grant S.AYARD NUNNERI 7012•D1•R%O1J6 I,RECRIUNTNANID AND ADDRUSS IIntiON ZlP Code) —.--- Ltsyyof5ro10c S,PRO)EOTPRRIODI PROM m1noll TO 02101013 SoWe,WA 981244749 at 917(9 StnYe,5VA 9R17dA1T9 Ot1DOBPPRRiOUI FRONT I(v0111071 TO 09910013 i S,AIVARDOATN 0711111011 7.AMON , B,SUPPLRUENTWU PURR In11lU IA.aRANTRU IItSRENDOR 60. 00 91000R0) ..--- 9,PRRVIOUSA\VARDASIOUNT so 0.PRWEOI'TRttl IRANOIINTOPTIIISAIVARIS S668fl1J Cliyotswab FY901VAO lolm Prolnm r---""-- II,TOTALATYAND 366i,1IJ 47,$P0FIALCONDITIONS 1 RGmNND PAO)ECT 11APPROVDO SUDIECTToSUCii Common OR 1•IDfO'ATIONS AS A90 SOTTORVI ONT1n h 0,6TATVTORV AV111URTSYfORORAHT TfilsproJailH s�ppoAfdVndrr FY l7InPA•9A0)42USO)1f0,<IttR. 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Tho rtclplom agreos totomply whh lho orgontratonnl nudltrequltem<nuafONSR Cfcuior A•I33,Audlasof Sla(ci, otlN Qoitd regviioments may bo lmpwcd,If ovtemn0l g aluJll lasuwlOnds and(it ny)tr mONm Cos bar ircular 13�ludit)(a Of nd any olhor avdlls of OJP grant funds)00 nor wllsfatlodly and promptly additsscd,os Wither 11016 ii In 1ho currant cdlllon of tho O)P Pinoln inl Oulde, neolJ ensamunL rov0d nwdifcal neuf odoPtton oft mo ray rcat fat any IMY 00141f0n ar,oithcr poAoy,dof ony levol o or lf8 vommt in I,I,tYIIIL tt Ilia ho oxpreas prior aduan opproval of Or. 9 p 8 7 sbgtaolcaant,sobconlmC10f,1o1solNar person hasOIthtrMl)subn llfltd ndfalsoolalnst(glDrerondsundtirlololWClallw saWar miseond ell Involvlrv8 8ranlaWnAstol�eonAlllono soMopplas omonysubre<hpintls1t Pol entoi f nUJowastoor ' nbuso,or mllconduct sbould bo(epowd to 1110010 by Built OfOro 01-016 buptclot 0e11e101 U,S,Depanmenl of Jerks lovesdgadons Division 95o ponnsylvaolo Avonuo,N,N, Room 4106 WO4111119t0n,OC 20530 omini;olghotllna®usdOJJiov folllno.(contact Information In An8lish and Spanith)l(800)069•4499 ' or 110111no fell(202)616-9861 Addhlonnl huormallon Is available fromtha00)010webtlleM wmv-vsdal-gOvlol8• 6. Rtolplem uAdtislands and ogress that it cmmotusoonyfedoml Wads,011herdirtady or lndlratdy,to support ofany ronlmtt or slbawud to ellhtr the Assoolarton of commve[ly Orgonimpons for Reform Now(ACORN)or$[$ substdiolf<l,wloloui the osprass prior wdtte approval of O1P. 9, pedad[fpto dhoogenaydelamslnestvldl tsot the recyltnt s a lloml hlgh•drk gwnto may 9 C.P.RaPmit 66,701onl Qtrfomlaaro oIP FOR11Jtt0.0 tRgV.Jtt) • 75 utponatnt of Nsllte Ointaoftusllcoprogronu +lNVUW SONSWAyI�� P,vo0. s ap 7 f UurenuofJusltceAssislnuce • , Omit — —�' AWARbpAT0. 0711112012 PRVIF.erYNWmgR ddl2•bl•a%•Ort6 .,_ SPgOlALCONMONS g, glte 1401pltntagreesacam sly Wish opplcable lequlromems regotdlag cendol Conuoclor Roglslallon(CCltj onJ opplleablo mfufcllons on sit Aavuds1a Mbiter subreciplents Rent do not ocquho and Pavldt a Uatn Universal acb illt ngh p lrmmv of Sgov/Nndtngrar.l sm(A%Vud(ol ididonl Cam al Co tlata o rAoa1 anllon and Utnlcafsallntns 1ownr Requlrcments),and too Incorpolaw by rafarenro hire,'+his aptcll rondlAon does n01 apply to an mvatd to an Indlyidual Who rwlycd the AWard as d naval person(I.a,,varolaltd to any business or riorrpront osganixallon Ihm he or she mny own or operoto In Ids of her Dome). 9, efflvant to llxtculw0du I.tad o tic wenwa, tls o, s(001wr I, 0� P<Padnonnougtsreipients and 00 aub reolplents tToM o Adopt anti onfa pololve, bminl $trapiro nfg cehiolo �nmAof m� Nvork funded y this late alypoleles and onuctduellon And r oulttach to deorcoo gnnh alto uoblhlwotk Ctuhas caused by dsuneledddvtrs•to, The reolplent agrees to comply with all apploablo lmvs,regulations,pollelu,and Butdow QRefolding 6ro CIAO cost llmlu;prior approval and rcponing requlremenls,4vhero opplcnblo)gov<ming tho ucoof(cJerol funds forgaxpemes folaltdevents,19 odd costs of alletndanctnt sl ve,j evenit,t impolmmloo on Penitent t IAva WS.ragvl,hIDns,poll of food 1l s,andago itOnco Is or at h ovllablo at(yrnv,oJp.gov7funJingtcat>i<osLLun, ll, Thotceiplwt agrteso Comply With applicable nqulsenlentsa rensmionport firsl•Utrsubmvaeds of$25,w or more aud.In the<oiploNondfini for ss bttolpkm es tovvd fina toind tol. Such dao wN be submitted to the VPATA Submvull of Repodinggyslena(PSRS),The dtlalla real tan, "I'vAM,Whim d d Tr„asparenay edvo from thoP<Jtal Wndtng AcavumO611ry M Act o!2W6(PPATA),uadJpPoo'lid on the 0mce orlustlro progranss web Oho At Ino7rpofeltd�y tottronP Incaheroal7blctconditlonand its relpo ing tc lrowont dots not Apply to gmnlAWords made to Ito In iivi Vol Oho operate InIbb orhersnnmo).mI person(ho„umalalal to any business or non•pmAl nrgan)smlon@al 12, ploglii,Income Coined must be moganvd(o and wed rqr he purpotal,or fluids ptoYMO under Uds nwnrd InaNldWg progrnns Income earned Iuusl be oceeunitd for and usd far She puryo such usobeing comiutnl with rho tondhlOns of the mvud,the efttCllva tdhton of lha OrP pfnanc101 outdo and,as iheusaotfproglromlf„coum musibe upodto on 11 gvaCRR llMy Idol Plnanclal Repo L3�25�tCulat hbriher, Off,FORM 4M)(RI:V,-1•es) 76 .. Oepmlmenlotaustico office oflu We*Progtnms ASVAI(ll SONNTTWUATION psau a or v 1,.11 nuetnu oCJbstico Asslatntco PRo1eGT\UameR �OI4 olntc•Ofde AwAR00AW o7lllnol7 V Sp6Chlb CONDMONS 13, Tho granita agrees to Insist R1A lncomplyln8 w1111 010 National Unvirenmonlal Policy Act(NRPA),the Nnllonal Historic Ptescnadon Ash and eOmr tdaled tedeml emtronmentol lmppam analyses r<quhunents In tw use of list so gran funds,ehherdlrectly to the ggrrontte or byaauUgmnt<e, haordingty,tho grontea nggrrttstanrstdeterlfnny of Ule foltosving nalvlUos will be Rmded by the8gram,pprior to obllgcling funds for nnyofthtso pvtposw, Nit it la dctamilntd thnl any of Ne following ncOvWes will bo funJtd by tito gronU Iho 8antea ograu to conlam m1A. 'rho gmntco undmicnds that Ihk apcolal Condition applies to its following now aclivllles avhetbef or not they ow bchsg apemllenlly tUnded svhh IM1esa gran)fmtdt,'ftlnl ls,us long as the neOvhy b being eandud<d by hiss ggrontce,o coAddllon oM t Rrrstlbedmm,l The oclivhles covered by this special eondlUoneoro:uso Ihuo groin funds,thisspetlnt a. Hesv constnictlonl It.h9norr<novadon or rotnodohhig of o property famed In on anvhonmtntally or Idslodcagysensitva arco,Including. pro( tilts located whidn n 10P•ytu nowp oln,0%vCIIaad,nrhabllal for andangercdapeeles,ornpropony lhled on or ollglbto ter Ilalhtg on thetlotlanal Rasher of Bhutto Platers o, Aroaovntlan,Icnse,oraoyproposeJuaoofpbulldingor oclUlydmt will cliher(a)w,nit too chaageh llsbasio prioruse or(b)signiHconcly ohongoltsteo; d,lmplemeomponot o0 fouled ockvity d(V)oosoofchomleolsd,other tano,In ofNsthat oueholO,recreational,or on Wcidomnl component of a PoutkOlxtivlry and(L)nodltlonolly used,for oxanpto,In ofOco, tdutollon envlronmoaul and ldtnlllpileaUonasoixure oiclosuro ofelvndatl omsll amph<laam noslnbo atvdw,olory opcwUmis.LlcluJing tho Tho gtoel undersionds and ogrees lhot complying with NOPA may legalto the prepuatiog Of on Onvltoomantal Assessmonl otVor an Unvhonmenml Anpam Stmomem,os dhected by R1A,Tho gtoni<o tunbuunderstands and agrees to the requiromenix for hupicmentotio t of a bshigation vice,ns detailed al M1lipllhvtvw.oJpusdoj.govN1Alrwour<<Mepv,hlmh for progrmus rolatng to melhanipbcluaino Hbomlary opeso0ons, Application of Tlds special Condition to Oientce's Uxlsting Programs or Aeilvitast For any of the gmaleo's or Its subgmnteos'existag p+ogtams a r rolvllles that well be fonded bj those ofa niRl funds,theoastorpm8cifl",UoawWe"lo tgVosl from Ulrl,ogrcas to coapmata wllh n)rl In onyp P Y aflhal6indtd progrulroractvRy. y M - IJ, all aingaysolmstiv0c')tlevolvefmoII Of lTsy 0Ms'ibouvyen Ju cdlctorldIdb yAfoe sl ollempl ycotUnfOr"olt putlblo,existing hmworks of Ibo communlca0on backbono to aohlovo lmeistme connemlvity,unless llte gtanlco con Jemonslmte to the snlbtamlon of UfA tUal lM1ls roqulrement would nvl ib<osl effecOvo ar resold hnpatr e funtltonaliry of an oxiattng or proposod IT sytem, l3. Inorder to promoto bVly,ojpnqutom an denableomoroply willyomongdhpasviaystemesours hoil g and public safely cotnmunity,OlP t<qultos the gronttototolppfy veldt UO)'s Olobal Jusilco lnlorr mlonshedng WUative . (1101's Otobal)guldaUnes and r«ommtndatloas fat lids puUculu gronh Omnita chat coform to tha 01aU' 81nnduds Pookage(OSP)and OR toamOWem oltmenu,wlmro oppUcnblo,as descrlbed all hlipaAnvwAl,ujp.govlgap�tonttonJtOon,Orontee shall document plonned opprontbes to tntomisdonshmtng mid cd escribe tomp}lonce to Ilto 03F(Old apP+opdota privacy policy Blot proUeu ahacd bt[ormato,or provide d<lat JwllUcaiton rorwhy an a)temadve approach is rmlomooded, d Olt•ron(4DOM(RfiVAH) 77 ot'l ii enl of lusliceo oflusuca Progranu AWARD CONTINUATIONeve" s oP r enRofhs"VeAgslsinuco Sii>31WiGrnnlPAO14OPRrTmERLD%•DA6 AwAADDATE 0/11 010 11wan I.CONofYWol is«qubed towlabllshatmst fond account.MIO troll Nnd may or may Uolbe fund,IM(doOg any Inlctwts nay not be used(o pay debts or oapenses Inemr1fie lidsvard nymo MoAt IJUsltell M, twoOran Program(JAO).Tliowche eranttundoln ha hull fund(Includi'llim imerwteamcd)J9 Urop<d]ncy Inlerwl caned)non expanded by the end of We gmnl faded must fro«lameAsslo later Than 90 daya DRer the end of Ibo groat perloJ,along wt161ho Rnaf aubndsslon of Wo TcJotoi 19nonolo Repoe(Sp•425)p 11, JAO funds may be Used toe Vesl to ultsiQp@Vol$for on on(gonoy,but any not begusell w theS0%match for Pgry psas the Iluilt 18, vlihrll iNndchnvantvAll<submIn�mddJaNry wtilltoteopolaylthat uetplA Pl«ai goods and snnla ogenciw muss kespt lg,ud e<VlRcenolss on the for any subr<elplenu piann)ng do udllao lAO fonds foe bulletproof Ywl pn+abww,Tlds Po11oy most be In place for at itaai all uniformed ofRters before pay i6'2012 JAO funding con bo used by the agcaoy for bullelproof voset,Thtro Oro no«qu rOmenu regording the nol}+re of he polloy other ihon It bang A nlnndaioly wear polloy fur all un)nssmed offlcets whllo on Jaty, 19. Dullelpsoof vests pu«hajedsvllh JAOR+ndsmnybe pu«hrsed of any Mal oval,make of modal,from eny dlndbutor bnitl loforturer, Ion dti a Vaiion bulletproofvesdla Purcllaslcd Oil J O fonds most be Anne tcoanmaileB'dhe lalesl NIJ WAARrd WOUrUamn can be found lera 6uppl/rvmv�ulj�govhoplcNuchnologylladyolmorJrofetylnlllanvohim, 20. Thiliallplonj In Any lateral eS jeci OpcBanogstemfunded ors supported md b WJroah0. VIIltobooyp Vllfbte, SioulJOlPdttemVneRBC,RR,Pan 2310 hoop Ileabie,OlP mey,at lea dlacanon,perfora audlu of hesynea,os 37898(a)0)•1Reolplint play not isadsryauth D NO will Natal fundsa rcctpfend mny bo nntd ps par-02 U.S,C, 21. ?Ogudiagtmy agrees ociutol6gy project nfond III by Vdsl goal gJglint lhaeV118oilon aid oxpo dhum parlod.Tlds is to facilhate conunmilcpilon Onto"$local And$nano gave Mandel cfnlUes rOgading various 61formolton(eehnology dauroeNt"being heconducted 1n8Willi his«qgiant Nails. t.Por n U Ilof Slotathe WoPaaVon fecbaotogy Polnle ad of Colacl,lvo go ono hnpaAnvsv,Il,ojp,goWJafoulLospx7oren=poNcyAnJPmNleeF<page�l pq6. 22. Tho gmnteo ogreel to conlply with live opplieabte«qulrtinents of 28 C,D.R.Pan 38,he papmtann orIosko regutolion govelatng"Rquat Treatment foe]talh DastJ Organfzadons•(thO'Rquol Treatment Iiegulallon"),'iho t?quol Troatnien)Regulo(lon proYlJes In PpIV hat Utyalnienl of Jusllco gum awards of dl«ci finding may not bo used to Nnd ony Inlurondy rcllggIOUs ncttvlVes,such As wo«blp,«Pglow InnNwlod,or ptoselylkollon.Reolp(msu ofdlrcei giants may ellll angago In lnhe«nlly retiglous adivlVes,but such aoVvhtes must bo sepanto In time or plow from iho jut](a rilleal. ➢epanmeal of lustko(unJed pro8rnm,and paVclpndon In aueh nedvllles by IndWlJuala rcalvtng aervlcw from iho grantro or aaubgtont<o man be Yoluntory,'fho Rqual Treatment RegulaVon also makes cimr lhnl orgnnlzononyys oast Iles onllpe b$sit le ufdnrbenlea lory's rod4dbilgth toDeNartment It Jusil"lwhhnandingwyrotierspe lnleondlllon of ihlsawarJ,fol{nlsion fu� based orgenlrollons may. In soma Clten,UanCOS' Comldet tcllgion P1 a hallo for employmonL S<0 half;lhn+nvojp,gov/obouVoedcquOi roo.usm, 23 conform to iho B�ne proga sm rtquhentmlt sateltd In 111Alpwgtom guldonteierot ehaslale oc local levels,nmst OJP FORet{�VptABV.J•Eel 78 , ., Depadosem of sonl<e . 01tho of)usttco progrohu MYARD CONTINUATIONSHEET91AIOF 2 bm'anuoFJusllcoAsslelDuco ee OrmH ANARDDATR 0111111012 P➢OIF.Or'tNa➢P1i 2a11•Dl➢X•0316 I pp SPNCGIL CONDITIOM 24, Oratdweilro8 oCO Osey with IhOno hudlmian rwea?claubJuls no6inngol WACO f JWtICO roW od25. 0lnnmoagtcm to comply with oU coAdonutdily requirtm<nis of42 U,9.C,sacslop 27992 shotme oppIkAblo to eollcc900,uso,end r ohilon ofdoto or Informatan,amroto Nnhor agreas,a grantopprovat,to subndt a PdvaoyCvfgtIcalothatIsinaccordwish rtqulrantmt of2g Cd4R,Pad 2IR4 socllo01,22, uscd to t s ate or two funds, 26 IrboAlo PIOM50111e1111ounw Oil'("tiedvndlml'his AWAorsuoh pnlheabsenceofPed«otfon I r ibe fonds,be onfort mom 0ovhies, 27. A+vard voVonts must submll quwsedy a pederal phellchf ltepon(SRd25)AM Wool pcsfa,manco repels through Offs(hups:flgranu.OJp,wdoJ.eov), Conilslonlwhh the nopmhnem'aroporobllRlwunderiha0ovammens petfomisnco and Resells Act(OPRA),111,10)•62,npplle AA3 who rtcoivo form ng undar INs sallcllaUou most TsIhnurfboonumdgltho alDlOqJnuR boaen dP r oelrcAteo0dm irinengp optnan ad\bfoeythn wsaurl raJcbAmUtis hmtet'dqf oudloerten md(PlelMnmeTss), 4(610. f orrs aslotse,u Uqlpslu eVI n+lv AwtehOr,eby Jt«o«pcoOeorztrdffonoimngrmg mo nofnn gcqtomue mllnratleo mfludse,nevndsrw gr e)u•p eo rts must bosubsil md prOvldodsloshos mewulo tllMulls ohehelswosk.Tern erM pollilloto sand Potato IlIgh[Usk doslgaotlom p 10, dooDcIplesaso J Qnldolines�lno ud[ng lho olp tVnonoI9(loio and to Include into apppieablo coohdhlom of thiliglu� Awotd In any subawordlfhoFoof lenl is«eponsibto foroppvo«lghsappfsubreolplenl7 ndingand mOAROrhsgofspcOUl0 daunlenmoll nOf ittspollclea and p{roceduros for monpall;of socwiids vndtr hit Mdea toaubmll,upon reques4 29. Awald reciplenfs msul Yuffy Polnl of Canlnet(POC),pinondal POins ofConlael(pPOC),and l(DAY'nfe l ReprosenmtveconsaNlnfomsollonlnaM&IncludinglakphaoonumbernnAamallnddress, ffonylrmaUonla AN)must besub fmodtct or has obuiltd,n Omnt Adjustment N6110(OmlUad vin Iho Omnw Management syalem (Of+IS)to document changes, cnt 30, 7110lihaoNndstvl that willdn12c days of Award agenoya¢ccuUvo,laskforcootllte4oroi6erlaskfo<ensemberof • equlYolmtl muk,tYlll "or q onU➢ol�"Anes•bued)imkforcepolning,The lmining is provldrd Gee of ahugeontlnoUsrough0lA'sCanterforTaskPorcelmeBrlyondLeadorsWppvwa,cUU,org), All In farcomembess asv«qut«d ioconpleto lhls valning onea adaB tholUa of the awad,or onroevery four yearsU Including pdvaoy and clvU Ilrwilt e Utdehw fast klfo«ong�rfarmance mBeOsor n�eN�IpmmtnaA ss Isnkeilon,lnd ta+klfomo Im vnf4 1apdYloy and Ihas1 CrltorTosk Pacola-r, V ritte v.Idp(0rwmvCm. gj twine and across methods O)P 10"1400YARRV,t•te) 79 Uapsnntont 01b"Oo �� otnca of lusdco Rogrants AlYA22ll CON'PL�UA'CIO�S))Er:T W,,PA v OP 1 IIurenu of Juallce Assis(hnco h\VARO DhlB v7 11 111 0 1 4 PRWECI'NUamdR 101A1)1UX•D376 , pECIer.wxnrma 31, �Yllh«aptet to this award,Womlload$May not bo used to pay cosh eomp<nsmtoA 0Mary plusbletoA It,nny empfoyro of Itto avatd rcclplepl of n aria that ON 110%of lho mcAnn o annual salary payable to n nt S s oar Id<salgavlARRIAsStotor Raeoutivo Sorvica(SPS)At an ngenoy tvlN a ctolucd Sf!5 Pcrrmmonce AppraisalY forthatyme (An award rcelplenl may cohipanma s onomployto at ahlghortalc,psnvldad Uso amaunl In oWss of(Idscompansallao U7ni odon Is paid with non•ftdoral N.ndsJ lylOual discrolllon or ale OR official lon rates IAr1;I data No ptogfom a6 Offer nn ummoalu dtr which Nis mvard1s aadolsMtho 32, 111011+4d Mdeppot explAd ho slgatd Mamoffnndun)ttil Undenlandll ing)(MOV)between shoo dlsparato Jutd dlllonrs and"as IssuednOrosnA vilmenl Notco(OAN)tdoodn01105 aptalalaonditiom nce,MCA 33, "e1vta��asy Ard menlnlloa Jainonstsaj or down il gllml Na Iala orlx4DI floYtmtnga body mvlow WdraKommunhy nvUncnllon uquhamonu hovo bten met and has Issuer[n Want Ad)ustraani Mum(OA11)releasing this special wnJl Ilan. aPPaw�wsoa:(Rnv.anu 80 City of Kent Project Name: Police equipment/Coimnunity Corrections Program Project Cost: $51,883 i Project Descriptimu Equip new hire police officers with rifles Replace worn bicycles used by Police Bike Patrol Repair police firing range to ensure officer safety Continue work crews in community with supervision from Corrections Officer on overtime Program Need: will provide new hire officers with rifles and accessories, The Kent Police Department i The city funding for police equipment is limited and not all officers have a rifle assigned to them.This will ensure that rifles are available when officers respond to volatile and/or hostage related calls, This will improve officers' ability to respond to these volatile incidents effectively and protect public safety.The following is the type of incident where officers need ready access to a rifle: 2011: Officers responded to sounds of gunshots in a residential neighborhood, Officers encountered an adult male in underwear carrying an AK-47 style assault rifle. The officer closest to suspect, armed with his handgun,confronts and demands suspect drop the gun. Suspect refuses, and begins to pull AK-47 up and pointed at first officer, when second officer, coining from different direction,shoots suspect with AR-15• The current Kent Police Bike Patrol officers are riding bicycles that were purchased prior to 2009, These bikes are worn from being deployed daily to perform community Policing, Bicycle officers are able to ride up on crimes in progress much more easily than an officer in a police cruiser.They also are able to interact with community membersmore readily to gain intelligence information,We request funding to replace three of the four old bicycles. This covers bikes and bike gear. The Kent Police Firing Range is used by police officers for training and periodic firearms certification.This request covers replachig existing damaged sound deadening foam and baffles and angle iron support system for target rails. We initially considered doing this work on a phased approach as fimding was available,but the conditions of the range have deteriorated and we need to address them soon to ensure the safety of police range/training staff and officers using the range. We requested a change of scope in the ARRA FY2009 JAG for the original quote to do this work.The cost to complete these repairs increased as.we received additional quotes for this work. We request to fund the remaining balance for ilie critically needed repairs to protect officer safety through this grant, FY 2012 JAG Program Narrative 81 The Kent Police Department began operating a supervised work crew program in 2009. This program expands the areas that the work crew can work within the City of Kent and prepares qualified offenders for employment, 'fire work crew program instills the discipline necessary to increase offenders' work ethic that will help them find and retain future employment upon their release from correctional supervision. These offenders earn. good time that decreases their time in jail and helps the city maintain a manageable and safe jail population, Graffiti removal is one of the frequent projects performed by the work crew. We request funding for a total of 266 Corrections officer overtime hours over two year to supervise these work crew projects. Program Activities for 4-Year Grant Period: By 12/31/2012: The rifles funded through this grant will be purchased and assigned to patrol officers, i By 2/28/2012:The bicycles will be purchased and assigned to Bike Patrol officers. ]his will allow us to rotate out the used and worn bicycles,The range repairs will be complete by 2/28/2012 also. By 9/30/2014: The corrections officer overtime will-be completely expended. Anticipated Coordination Efforts Involving JAG and Related Justice Funds: These JAG funds will supplement finding available for equipping patrol officers, The current sources for equipment funding are limited city finds. The State of Washington's budget deficit was passed onto Washington cities by eliminating the liquor lax revenue pass through to the cities, This amoral total of$10 million will be allocated entirely to the state general find. A new Initiative It 83 privatized liquor retail outlets,effective June 1,2012 and included a provision to pass a portion of alcohol tax back to law enforcement, but it is unknown exactly how this will be distributed to law enforcement it,Washington State,The Washington Traffic Safety Conmrission, Washington Association of Sheriffs and Police Chiefs and the Kent Police Traffic School funds are limited to equipment for traffic officers and traffic safety. The BJA, State Criminal Alien Assistance Program FY 2011 award is currently funding a one year contract to provide Life Skills Workshops to offenders at the City of Kent Corrections Facility (CKCF), Tire contract also covers community reentry services at the contractor's office once the offenders are released from the CKCF, The Kent Police Department continually searches for justice grant funding to support equipment and programs. Project Objectives: Objective 1: The Kent Police Department will ensure that officers have access to necessary equipment and equipment is in good working order, 1. Number of equipment items purchased. FY 2012 JAG Program Narrative 82 This will include the new rifles and replacement bicycles, 2. Number of equipment items purchased and deployed to patrol officers. This will measure accountability that the equipment was purchased and distributed to patrol officers for their use, It will also measure the time it takes to assemble the base equipment and accessories to deploy in the field, 3. Percent of officers reporting improved efficiency with new equipment. This will measure if officers have found value in easier access to equipment and replacement of old equipment. Objective 2: Provide a safe firing range for police officers' training and certifications, 1, Firearms trainers report improved program quality after range repairs. This will be gathered through a survey to the firearms trainers after the repairs are completed. 2. Percent of police officers reporting improved feeling of safety after repairs. Police officers training,practicing or being tested for certification will complete a post repair survey that will be conducted for one month following completion of the repairs. Objective 3: The Kent Police Department will expand the supervised work crew program through identifying new opportunities and increasing the number of offenders participating in the program. 1. Number of program slots added through initiatives. We already track offenders assigned to jail programs, We will continue this tracking and it will allow us to report the percent of increase in the number of offenders participating in the supervised work crew. 2, Number of hours of programming provided, We also report cormnunity service and work time credit hours completed by offenders quarterly. We will report the percent increase in community service hours as a result of this project. 3. Number of Program participants receiving services. We will report the number offenders participating on the work crew,the number carried over from the previous period,the number that dropped out of this program and the number that completed the program on a quarterly basis. 4. Number of corrections officers working overtime and number of hours worked for each officer. This measure will include only overtime worked to supervise the work crew. i JAG Project Identifiers: Correctional Alternatives Firearms Officer Safety Overtime PY 2012 JAG Program Narrative 83 FY 2012 JAG City of Seattle Joint Application BUDGET A, Personnel CITY OF SEATTLE Name/Position Computation Cost Crime Prevention Coordinator Salary monthly salary 9 of months N of positions (3 positions) $5,895 12.25 3 S 216,641.00 TOTAL: S 216,641.00 ----- B, FrbrgeBencffts CITY OFSEATTLE Name/Position Computation Cost I Crime Prevention Coordinator Salary monthly benefits k of months N ofpositions (3 positions) $2,323 12.25 3 $ 85,370.00 j TOTAL: S 85,370.00 City of Seattle SubTofah $ 302,011.00 C. Consultants/Coutracts CITY OF AUBURN: OT Rate 11 of Hours Teen Late Night Program Officer Overthne: $88 18 $ 1,584.00 Citizen's Police Academy Officer Overtune: $88 65 $ 5,720.00 Fireworks Emphasis Patrols Officer Overtime: $88 215 S 18,920.00 Auburn Sub'Fotal: S 26,226.00 CITY OF BELLEVUE: Item Computation Cost 34 MC-3 Type Ili Rifle Plates for SWAT Vests 24 x$600 $ 14,i00.00 Sales Tax(approximate) 9.5% $ 1,255.00 RellevueSubTotal: CITY OF BURIEN: Item Qty Unit Cost Cost__ Rifles 5 $ 1,126 $ 5,630A0 Optics for Rifles 5 S 400 $ 2,000.00 Shutinitlon Rifle Conversion 3 $ 315 $ 945.00 Amrnunition for Shrunition Rifles 1 $ 600 $ 600.00 Breaching Tool-Halligan Tool 2 $ 175 $ 310.00 Breaching Tool-Door Ram 1 $ 324 $ 324.00 Breaching Tool-Sledge Hammer 1 $ 50 $ 50.00 Ballistic Shields 2 $ 2,380 $ 4,760.00 Wad 3 for surveillance camera monitoring 3 $ 700 $ 2,100.00 Wad Extreme Duty Military Case 3 $ 70 S 210.00 j Sharp TV monitors and mounts for bainings/presentations 2 $ 1,300 $ 2,600.00 Bur1cn SubTotal: $ 19,569.00 CITY OF DES MOINES: Item Computation Cost Brother Mobile Solutions Printer-$239.80 each 10 x 239.80 $ 2,398.00 Honeywell Barcode Scanner Kit-$229.00 each 1 i x 229.00 $ 2,519.00 84 FY 2012 JAG City of Seattle Joint Application BUDGET Printer Mount,E-Ticket C-ARPB-I 10-SI85.00 each 9 x 185.00 $ 1,665.00 Universal Headrest Bracket-$160.00 each 9 x 160.00 $ 1,440.00 USB Cable Kits-$30.00 each 9 x 30 $ 270.00 EMS Perforated Rolled Paper Packs 25 x 41.25 $ 1,031.25 Shipping(Estimated) $ 310,75 Sales Tax 9.60% $ 802.00 Des Moines SubTotal: S 10,436.00 CITY OF FEDERAL WAY: Item Computation Cost Project 1 Tasers 9 Each Vendor Estimate $ 9,000.00 Project Z UFED Software Upgrade Vendor Quote $ 5,060.00 Misc Accessories Project 3 Automated External Defibrillator (AED)Devices 24 Each Vendor Estimate $ 19,060.00 Project 4 Electrostatic Dust Lifter Vendor Esthnate $ 900.O0 Federal Way SubTotal: $ 34,020.00 CITY OF IC9NT: Item Computation Cost Corrections officer overtime(2012.2013) $43.09 x 148 hours $ 6,378.00 '.. Corrections officer overtime(20 1 4) $44.38 x 118 hours $ 5,235.00 Soclafsecurity $11,613x,0765 $ 890,00 Retirement $11,613 x.06 $ 700.00 Rifles with accessories $2,050/sat x 9 sets $ 15,450.00 Bicycles for Bike Patrol(replacements) $2,4101bike x 3 bikes $ 7,230,00 Metal fabricator/range repair contractor TBD $13,000 for balance of estimated repairs $ 13,000.00 KeutSubTotal: S 51,883.00 KING COUNTY Nane/Position Computation Cost IT Developer-Salary Requirement Development $11474/3no*4 mo*.7 FTE $ 32,127,00 Application Development $11474/mo*7 me*.79 FTE $ 63,451,00 Implementation $11474/mo* 1 me*.71 FTE $ 8,147.00 I'I'Ieveloper-Benefits Requirement Development $3825/mo*4 me*.7 FTE $ 10,710.00 Application Development $3825/mo*7 me*.79 FTE $ 21,152.00 Implementation $3825/mo* 1 me*.71 FTE $ L 779.00 King County SubTotal: S 138,366,00 CITY OFRENTON: Item Computation Cost Domestic Violence Training and Conferences Location TBD $4,000.00 (Price will vary depending on training an location) 85 FY2012JAG City of Seattle Joint Application BUDGET Honda Portable Generator with light I @$1545.00 ea. $1,545.00 Sales Tax $151.41 Motorola MC75 Worldwide Enterprise 1@$3290.00 ea. $3,290.00 Digital Assistant Sales Tax $,322.42 Trauma Kits(First Aid) 99 @$25.25 ca, $2,499,75 Sales Tax 5244.98 Cohan Car Camera System I @$6000.00 ea. $6,000.00 Sales Tax S588.00 Office supplys for Domestic Violence Advocate(pamphle(s,brochures,education materials) $3,564.44 (Items and price will vary depending on needs and items purchesed) Direct Victim Services Assistance for victhns protection-relocation $8,000.00 (Items purchased vary depending on victims needs at the time) Renton SubTotah $30,2U6.U0 CITY OF SEATAC: Item Computation Cost Overtime $100 per hour x 60 how's S 6,000.00 Installation of rifle racks estimate$75 per hour x 27(patrol curs) $ 2,025.00 Vertical Gun Rack $210 x 27(patrol cars) $ 5,670.00 Miscellaneous training supplies estimate S 87.00 SeaTac SubTotal, $ 13,782,00 CITY OF SHORELINE: Item Computation Cost Handheld radar 5 radar units x$1,987 $ 9,935.00 Shoreline SubTotal: $ 9,935.00 CITY OF TUI{WILA: Item Computation Cost PD Evidence Software and Licenses I writ at$5000.00 plus tax and licensing S 5,800.00 PI)Officer workstations 5 units at$500.00 plus tax and installation $ 3,000.00 Plotter for PD Crime Analysis 1 unit at$2500.00 plus tax S 2,800.00 PD Crisis Cormmunication Unit -Equip R Supplies 2 tablets x$700 $ 1,400.00 5 idenlif)dng apparel @$150 each $ 750.00 5 work portfolios @$50 each $ 250.00 Negotiator Field Supplies(estimate) $ 500.00 PD Incident Command Vehicle electronics upgrade I radio reprograrwning @$500 S 1,000.00 I DVR Hard Drive @$500 $ 500.00 PD Admin.Office-Mile,[Conference phone and install. I unit at$693 his tax and installatimr $ 693.00 1'1 'ila Sub Total: S 16 693.00 86 FY2012JAG City of Seattle Joint Application BUDGET BUDGET SUMMARY Overall Summary Budget Category Total Budget A. Persouncl $ 216,641.00 B. Fringe Benefits $ 85,370.00 C. 'Navel $ D, Equipment $ E. Supplles $ i T. Coustructlon $ G, Contractual $ 366,771.00 i II. Other S i Total Direct Costs: S 668,782.00 TOTAL PROJECT COSTS: $ 668,782.00 TOTAL JOINT ALLOCATION: S 668,782,00 i 87 Edward Byrne Memorial FY 2012 Justice Assistance (JAG) Grant Formula Program Joint Application Budget Narrative A. Personnel ($216,641) A request of$220,950 is included for City of Seattle for salary costs associated with preservation of 3 Crime Prevention Coordinator Positions in the Seattle Police Department. This amount will pay for 12 months in 2012 and an additional 2 weeks in 2014. B. fringe Benefits ($85,370) A request of$88,061 is included for City of Seattle for fringe benefit costs associated with preservation of 3 Crime Prevention Coordinator Positions in the Seattle Police Department. Fringe benefits are City of Seattle standard fringe benefits for civilian personnel,and include FICA, Health Care Medicare, Life Insurance,Retirement, Workers Comp, EAP, Disability Insurance, and Death Benefits,and are calculated at a rate of approximately 260A of base salary. G. Consultants/Contracts ($359,7I1) As the fiscal agent, City of Seattle will enter into Interagency Agreements with all of the sub- agencies listed,below. Sub-Agencies will be required to spend their funds, and then request reimbursement from City of Seattle. Therefore,we are listing all of the costs associated with their programs under Consultants/Contracts: City of Auburn A request of$26,226 will cover Auburn Police Officer overtime costs associated with three programs requested by City of Auburn: Teen Late Night, Citizen's Police Academy, and Fireworks Emphasis Patrols. At an average overtime rate of$88, approximately 298 hours of overtime will be worked. City of Bellevue A request of$15,655 will cover costs related to the purchase of 24 rifle plates for SWAT vests in the Bellevue Police Department. City, of Burien A request of$19,569 will cover costs related to the purchase of Burien Police Officer Equipment to improve officer safety and make officers more effective in the field. City of Des Moines A request of$10,436 will cover costs related to the purchase of equipment to support SECTOR Technology Completion&Implementation in Des Moines. 88 City of Federal Way A request of$34,020 is included to support 4 projects: $9,000 is included to purchase 9 Tasers, $5,060 for UFLD software upgrades, $19,060 to purchase 24 Automated Defibrillator Devices, and$900 to purchase an Electrostatic Dust Lifter. City of Kent A request of$13,203 is included for Corrections Officer Overtime in 2012, 2013, and 2014. Approximately 266 hours of overtime will be worked. Additionally a request of$18,450 is included to purchase 9 sets of Rifles, $7,230 to purchase 3 replacement bikes for Bike Patrol, and $13,000 for repairs to the Kent Police Firing Range, King County RMS Employee Interface Project: $138,366 is requested for an IT Developer to create RMS interfaces to provide DAJD employee access to RMS. City of Renton A request of$4,000 is included for Domestic Violence Training and Conferences, $8,000 for direct services to Domestic Violence victims, and $18,206 for various equipment that'directly supports police programs, City of ScaTac A request of$13,782 is included for 60 hours of overtime and supplies and equipment to support Activc Shooter Training and Equipment, City of Shoreline A request of$9,935 is included to purchase 5 Radar Units for the Shoreline Police Department to catch speed violators as well as collision reduction due to speeding. City of Tukwila A request of$16,693 is included to support the following equipment purchases: Tukwila Evidence Program Upgrade: $5,800, 'Tukwila Neighborhood Resource Center Workstations: $3,000, Crime Analysis Plotter: $2,800, Crisis Communication Utut Equipment: $2,900, Incident Command Vehicle Electronics Upgrade: $1,500, and PD Administrative Office Conferencing: $693 j B}rne Justice Assistant Grants Badget Nan ative Joint Application Page 2 of 2 i 89 POLICE DEPARTMENT � Ken Thomas, Chief of Police KENT Phone: 253-856-5800 w^ ° ° Fax: 253-856-6802 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: May 14, 2013 TO: Public Safety Committee SUBJECT: Securus Inmate Phone Services — INFO ONLY MOTION: NONE SUMMARY: Commander McCuistion will present information regarding updating the inmate phone services in the correctional facility.