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HomeMy WebLinkAboutCity Council Committees - Public Safety (Committee) - 10/13/2015 (3) Public Safety Committee Agenda Councilmembers: Dana Ralph - Les Thomas - Jim Berrios, Chair October 13, 2015 4:30 p.m. Item Description Action Speaker Time Page 1. Call to order Council President 1 Dana Ralph 2. Roll Call Council President 1 Dana Ralph 3. Changes to the Agenda Council President 1 Dana Ralph 4. Approval of Minutes, dated September 8, YES Council President 5 1 2015 Dana Ralph 5. Updates on Grants NO Sara Wood 5 5 6. Fifth Amendment to Corrections Facility YES Commander 10 19 Medical Services Agreement - Recommend Diane McCuistion 7. Police Chief's Update NO Chief Ken 15 25 Thomas Unless otherwise noted, the Public Safety Committee meets at 4:30 p.m. on the second Tuesday of each month in Kent City Hall, Council Chambers East, 220 4ch Ave S, Kent, 98032. For additional information please contact Kim Komoto at 253-856-5788 or via email at kkomoto@kentwa.gov. Any person requiring a disability accommodation should contact the City Clerk's Office at 253-856-5725 in advance. For TDD relay service call Washington Telecommunications Relay Service at 1-800-833-6388. 1 Public Safety Committee Minutes September 8, 2015 Item 1 - CALL TO ORDER Committee Chairperson Jim Berrios called the meeting to order at 4:34 p.m. Item 2 - COMMITTEE MEMBERS PRESENT: Council President Dana Ralph, Committee Chairperson Jim Berrios and Committee member Thomas were present. Item 3 - Changes to the Agenda: None Item 4 — Approval of meeting minutes dated July 14, 2015 Councilmember Thomas MOVED to approve the minutes of July 14, 2015. The motion was SECONDED by Council President Ralph and PASSED 3-0. Item 5 — Cumulative Grant Donations to the Auto Theft Task Force Fund - Recommend. Sara Wood, Research and Development Analyst, presented information regarding the cumulative grant donations to the Auto Theft Task Force fund. Sara indicated that the Washington Auto Theft Prevention Authority is through the WASPC organization providing funding to task forces across the state for auto theft prevention and enforcement. The City of Kent is currently the fiscal agent for the PATROL Task Force. For the initial first two years of the grant term, the PATROL task force received 1.6 million dollars in grant funds. Within one year of the grant, WASPC requested the PATROL Task Force reduce its budget. Once the funding cycle ended, WATPA identified those task forces who either underspent or overspent their allocated funding. The PATROL Task Force over spent its awarded grant. WATPA was able to re-allocate funding to cover the balance of the PASTROL Task Force's expenditures. Council President Ralph MOVED to recommend Council authorize the Mayor to accept additional grant funds from the Washington Auto Theft Prevention Authority in the amount of $72,332.14, amend the budget, and authorize expenditure of the funds to reimburse members of the PATROL Task Force in accordance with the grant terms and conditions. The motion was SECONDED by Council member Thomas and PASSED 3-0. Item 6. — National Night Out — Information Only John Pagel, Community Education Coordinator, provided information regarding National Night Out held on August 4, 2015. This was the City's 32nd year of participating in the National Night Out Program. There were 98 events. The slight decrease in participation from 2014 may have been due to the exclusive online registration. There were 39 teams and over 90 visitors. John showed a clip of the video prepared by the Multimedia Department. The committee members expressed age 11 z their appreciation for the community and city support for this event. John indicated that the success of this year's program is partly due to the work put in by Stacy Judd and Sara Wood over the past years. Item 7. - Police Chief's Update - Information Only Chief Ken Thomas advised the committee regarding current events affecting the police department: A. Chief Thomas thanked Sara Wood and John Pagel for their work in obtaining a traffic safety grant in the amount of $21,100 that will be used for DUI enforcement, seatbelt enforcement, distracted driving enforcement and motorcycle safety. B. Chief Thomas noted that the school zone traffic safety program is up and running for the 2015 school year and encouraged everyone to observe the 20 mph speed limit in all school zones. C. Chief Thomas provided a staffing update as follows: There are currently 139 sworn personnel Eight vacancies - Four of which conditional offers of employment have been extended. Chief Thomas indicated that two student officers failed the Field Training Officer (FTO) program, two are currently at the Academy, two that were hired are in the pre-academy, six officers are in the FTO program and five officers are out on medical leave. D. Gang Enforcement Update. This summer, Chief Thomas directed the Special Investigations Unit (SUI) to emphasize their enforcement on gangs, guns and violence. Chief Thomas provided details regarding the memorandum he received from Sergeant Johnson regarding the work done by the SUI over the past two months. Chief Thomas indicated that the City of Kent Police Department will partner with local jurisdictions to create a regional task force that will deal with regional guns, gangs, and drugs. This team will address the most violent of violent offenders in the region. Chief Thomas indicated that over the past 1-2 years the Kent Police Department has collected and given over $25,000 back to the community from funds received from fines related to assessments paid by "Johns." Half of the funds collected go back into victim services. Council President Ralph expressed her appreciation for the work done by the Police Department and indicated that Kent is an absolute leader in the work done on the issue of human trafficking enforcement. age 12 3 Council President Ralph expressed her appreciation for the amazing work done by the entire Police Department during the time of understaffing. Chief Thomas indicated how proud he is of his staff for the incredible job they are doing. Councilmember Berrios indicated that he is impressed and thankful for what is being accomplished by the Police Department and that the Council made a commitment to and will support the Police Department staffing needs. The meeting was adjourned at 5:03 p.m. by Council Member Berrios. Respectfully submitted, Kim Komoto Public Safety Committee Secretary 5'.\PUBIIgPty dark's Off ire\Cty Cau-INCounol¢mmitte Vubld 5#ety Committee\2015\Septdmbdi Sdptdmbdr e,2015,2015 dnutd,do, Page 3 4 5 POLICE DEPARTMENT \ � Ken Thomas, Chief of Police v KtNT Phone: 253-856-5800 . . ..... Fax: 253-856-6802 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: October 13, 2015 TO: Public Safety Committee SUBJECT: 2015 Washington Traffic Safety Commission Grant for Data Driven Approaches to Crime and Traffic Safety (DDACTS) — Information Only MOTION: Information Only. SUMMARY: The City of Kent received a grant award of $33,400 from the Washington Traffic Safety Commission to implement Data Driven Approaches to Crime and Traffic Safety or DDACTS. This is a crime fighting program that deploys traffic enforcement to "hot spot" areas within a jurisdiction where there are repeated crimes but also traffic collisions. This grant will allow up to 36 hours of traffic enforcement on overtime in three hot spot areas of the City. The program's theory underlies that as traffic enforcement is conducted, crime rates will be reduced. The three hot spots selected are 108th and 208th and 256th and 104th on Kent's East Hill, and Kent's downtown core area. No less than three officers will be in marked patrol cars conducting traffic enforcement. There is also $10,000 identified for media buys and community outreach and education. This is the first time Kent has deployed the DDACTS concept. Results will be used by the state to evaluate whether DDACTS reduces crime and traffic collisions. Exhibit: Interagency Agreement Budget Impact: Unanticipated Income SEE INTERAGENCY AGREEMENT if'f)'l, r ", BETWEEN KENT POLICE DEPARTMENT AND WASHINGTON TRAFFIC SAFETY COMMISSION THIS AGREEMENT is made and entered into by the Kent Police Department, hereinafter referred to as "CONTRACTOR," and the Washington Traffic Safety Commission, hereinafter referred to as 'WTSC.11 THE PURPOSE OF THIS AGREEMENT is to provide funding for the Kent Police Department to conduct a DDACTS(Data Driven Approaches to Crime and Traffic Safety) program. THEREFORE, IT IS MUTUALLY AGREED THAT: STATEMENT OF WORK The CONTRACTOR shall complete the deliverables as described in the Statement of Work attached as Exhibit A. PERIOD OF PERFORMANCE The period of performance of this Agreement shall commence on October 1, 2015 and remain in effect until September 30, 2016 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 $33.400.00 THIRTY THREE THOUSAND FOUR HUNDRED DOLLARS If the CONTRACTOR intends to charge indirect costs, submission of a cost allocation plan or a Federal cognizant agency letter is required. Payment for satisfactory performance of the work shall not exceed this amount unless the parties mutually agree to a higher amount. The following summarizes total project costs under this Agreement. _ _..........__..__ ........ __........ , Summary of Costs Amount _......_..._...... Employee salaries and benefits $23,400 36 overtime hours of traffic enforcement each month. Contract Services (usually involves a 3`d party service provider) $10,000 Media/public education and outreach strategies TOTAL $33,400 STATE AND FEDERAL TERMS AND CONDITIONS: ACTIVITY REPORTS The CONTRACTOR agrees to submit quarterly reports and a final report on the activity of this project in the form provided by the WTSC entitled "Traffic Safety Project Report" and incorporated by reference as Exhibit B. Final reports are to be detailed and must describe whether the project objectives were accomplished, if technical and fiscal problems were encountered, and what improvements in traffic safety have resulted or probably will result. Included in the final report will be copies of publications, training reports and any statistical data generated in project execution. The final report is to be submitted to WTSC within 30 days of termination of this Interagency Agreement. 7 ADVANCE PAYMENTS PROHIBITED No payments in advance of or in anticipation of goods or services to be provided under this Agreement shall be made by the WTSC. 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. 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. 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 CONTRACTOR 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 applicable procurement rules and procedures. ATTORNEYS' FEES In the event of litigation or other action brought to enforce Agreement terms, each party agrees to bear its own attorney fees and costs. BILLING PROCEDURE The CONTRACTOR shall submit invoices for reimbursement with supporting documentation to WTSC monthly. All invoices for reimbursement shall be submitted using the A-19 attached as Exhibit C or its pre- approved equivalent. Payment to the CONTRACTOR 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. BUY AMERICA ACT The CONTRACTOR 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 agreement 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. CONFIDENTIALITY/ SAFEGUARDING OF INFORMATION The CONTRACTOR shall not use or disclose any information concerning the WTSC, or information which may be classified as confidential, for any purpose not directly connected with the administration of this agreement, except with prior written consent of the WTSC, or as may be required by law. 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 CONTRACTOR 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 8 expenses required to carry out the overall responsibilities of State, local, or Federally-recognized Indian tribal governments. COVENANT AGAINST CONTINGENT FEES The CONTRACTOR warrants that no person or selling agent has been employed or retained to solicit or secure this agreement upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established agents maintained by the CONTRACTOR for the purpose of securing business. The WTSC shall have the right, in the event of breach of this clause by the CONTRACTOR, to annul this agreement without liability or, in its discretion, to deduct from the agreement price or consideration or recover by other means the full amount of such commission, percentage, brokerage or contingent fee. DEBARMENT AND SUSPENSION Instructions for Lower Tier Certification 1. By signing and submitting this proposal, the CONTRACTOR (hereinafter in this section referred to as "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) 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 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. 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. DRUG-FREE WORKPLACE In accordance with the Drug-Free Workplace Act of 1988 (41 USC 8103 and 42 USC 12644), the CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR shall notify WTSC within ten days after such notification by an employee engaged in the performance of the grant. Within 30 days, the CONTRACTOR 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. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) In accordance with FFATA, the CONTRACTOR 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; Il. $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; 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, 10 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. 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. 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 Agreement; d. Any Statement of Work executed under this Agreement; and e. Any other provisions of the agreement, including materials incorporated by reference. INCOME Income earned by the CONTRACTOR 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. INDEMNIFICATION To the fullest extent permitted by law, the CONTRACTOR shall indemnify, defend, and hold harmless state, agencies of state and all officials, agents and employees of state, from and against all claims for injuries or death arising out of or resulting from the performance of the Agreement. The CONTRACTOR's obligation to indemnify, defend, and hold harmless includes any claim by the CONTRACTOR's agents, employees, representatives, or any subcontractor or its employees. The CONTRACTOR expressly agrees to indemnify, defend, and hold harmless the state for any claim arising out of or incident to CONTRACTOR's or any subcontractor's performance or failure to perform the Agreement. The CONTRACTOR waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend and hold harmless state and its agencies, officials, agents or employees. 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. INDUSTRIAL INSURANCE COVERAGE The CONTRACTOR shall comply with the provisions of Title 51 RCW, Industrial Insurance. If the CONTRACTOR fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of 11 its employees as may be required by law, the WTSC may collect from the CONTRACTOR the full amount payable to the Industrial Insurance accident fund. The WTSC may deduct the amount owed by the CONTRACTOR to the accident fund from the amount payable to the CONTRACTOR by the WTSC under this Agreement, and transmit the deducted amount to the Department of Labor and Industries, (L&I) Division of Insurance Services. This provision does not waive any of L&I's rights to collect from the CONTRACTOR. LICENSING ACCREDITATION AND REGISTRATION The CONTRACTOR shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements/standards, necessary for the performance of this Agreement. NONDISCRIMINATION The CONTRACTOR 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 (Pub. L. 88-352), which prohibits discrimination on the basis of race, color or national origin (and 49 CFR Part 21), (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and the Americans with Disabilities Act of 1990 (Pub. L. 101-336), as amended (42 U.S.C. 12101, et seq.), which prohibits discrimination on the basis of disabilities (and 49 CFR Part 27), (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101-6107), which prohibits discrimination on the basis of age; (e) the Civil Rights Restoration Act of 1987 (Pub. L.100-259), 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 (Pub. L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (g) the comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (Pub. L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (h) Sections 523 and 527 of the Public Health Service Act of 1912, as amended (42 U.S.C. 290dd-3 and 290ee-3), relating to confidentiality of alcohol and drug abuse patient records; (i) Title VIII of the Civil Rights Act of 1968, as amended (42 U.S.C. 3601, et sec.), relating to nondiscrimination in the sale, rental or financing of housing; 0) 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. In the event the CONTRACTOR is in non-compliance or refuses to comply with any nondiscrimination law, regulation, or policy, this Agreement may be rescinded, canceled or terminated in whole or in part, and the CONTRACTOR may be declared ineligible for further contracts with the WTSC. The CONTRACTOR shall, however, be given a reasonable time in which to cure this noncompliance. Any dispute may be resolved in accordance with the "Disputes" procedure set forth herein. POLITICAL ACTIVITY (HATCH ACT) The CONTRACTOR 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. 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. 12 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. REGISTRATION WITH DEPARTMENT OF RFVFNIIF The CONTRACTOR shall complete registration with the Washington State Department of Revenue and be responsible for payment of all taxes due on payments made under this Agreement. RIGHT OF INSPECTION The CONTRACTOR shall provide right of access to its facilities to the WTSC, or any of its officers, or to any other authorized agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this Agreement. The CONTRACTOR shall make available information necessary for WTSC to comply with the client's right to access, amend, and receive an accounting of disclosures of their Personal Information according to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) or any regulations enacted or revised pursuant to the HIPAA provisions and applicable provisions of Washington State law. The CONTRACTOR shall upon request make available to the WTS and the U.S. Secretary of the Department of Health & Human Services all internal policies and procedures, books, and records relating to the safeguarding, use, and disclosure of Personal Information obtained or used as a result of this Agreement. 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 and shall be owned by the WTSC and the State Of Washington. In the event the Materials are not considered "works for hire' under the U.S. Copyright laws, the CONTRACTOR hereby irrevocably assigns all right, title, and interest in data, including all intellectual property rights, to the WTSC effective from the moment of creation. Data shall include, but not be limited to data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. Ownership includes the right to copyright, patent, register, and the ability to transfer these rights. The CONTRACTOR 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. SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement and prior to normal completion, the WTSC may terminate the Agreement under the "Termination for Convenience" clause, without the ten day notice requirement, subject to renegotiation at the WTSC's discretion under those new funding limitations and conditions. 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. SITE SECURITY While on AGENCY premises, the CONTRACTOR, its agents, employees, or subcontractors shall conform in all respects with physical, fire or other security policies or regulations. 13 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. TAXES All payments accrued on account of payroll taxes, unemployment contributions, any other taxes, insurance or other expenses for the CONTRACTOR or its staff shall be the sole responsibility of the CONTRACTOR. 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 Interagency Agreement may be terminated immediately by written notice of the aggrieved party to the other. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Agreement, the WTSC may, by 10 days written notice, beginning on the second day after the mailing, terminate this Agreement in whole or in part. If this Agreement is so terminated, the WTSC shall be liable only for payment required under the terms of this Agreement for services rendered or goods delivered prior to the effective date of termination. TREATMENT OF ASSETS 1. Title to all property furnished by the WTSC shall remain property of the WTSC. Title to all property furnished by the CONTRACTOR, for the cost of which the CONTRACTOR is entitled to be reimbursed as a direct item of cost under this Agreement, shall pass to and vest in the WTSC upon delivery of such property by the CONTRACTOR. Title to other property, the cost of which is reimbursable to the CONTRACTOR under this Agreement, shall pass to and vest in the WTSC upon (i) issuance for use of such property in the performance of this Agreement, or (ii) commencement of use of such property in the performance of this Agreement, or (iii) reimbursement of the cost thereof by the WTSC in whole or in part, whichever first occurs. 2. Any property of the WTSC furnished to the CONTRACTOR shall, unless otherwise provided herein or approved by the WTSC, be used only for the performance of this Agreement. 3. The CONTRACTOR shall be responsible for any loss or damage to property of the WTSC which results from the negligence of the CONTRACTOR or which results from the failure on the part of the CONTRACTOR to maintain and administer that property in accordance with sound management practices. 4. If any WTSC property is lost, destroyed or damaged, the CONTRACTOR shall immediately notify the WTSC and shall take all reasonable steps to protect the property from further damage. 5. The CONTRACTOR shall surrender to the WTSC all property of the CONTRACTOR prior to settlement upon completion, termination or cancellation of this Agreement. 6. All reference to the CONTRACTOR under this clause shall also include CONTRACTOR 's employees, agents or Subcontractors. 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 14 unless stated to be such in a writing signed by an authorized representative of the party and attached to the original Agreement. 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: The Contact for the CONTRACTOR is: r6218th tact for WTSC is: queda, Program Manager ton Traffic Safety Commission eesqueda@wtsc.wa.gov ve/POB 40944 WA 98504 25-9886 86-6489 IN WITNESS WHEREOF, the parties have executed this Agreement. CITY OF KENT POLICE DEPARTMENT r ig (""Pritilbtl Name 5uUe V—. C C?y mayov- Ail o Title Date WASHIING�TON TRAFFIC SAFETY COMMISSION Signattire � Chris Madill Printed Name Deputv Director f /( p Title Date 15 Exhibit A SUMMARY The Kent Police Department will deploy high visibility enforcement in three geographic "hot spot" areas determined by traffic collisions, DUI arrests, other traffic enforcement issues, and overall crime statistics. Kent Police will utilize Data Driven Approaches to Crime and Traffic Safety (DDACTS) to improve traffic safety priority one issues in Kent and reduce crime statistics and trends. PROJECT GOALS A. Decrease overall traffic incidents most likely to cause serious injuries or fatalities in Kent. B. Decrease crime incidents in three identified "hot spot" areas in Kent. C. Increase the number of driver contacts by law enforcement officers in "hot spot" areas. D. Increase high visibility traffic enforcement and community outreach and education to reduce dangerous driving and criminal behaviors. E. Increase collaboration between Kent Police Department's Neighborhood Response Team and Traffic Unit. STRATEGIES A. Conduct high visibility traffic enforcement in each "hot spot" area a minimum of one time per month (Target Zero Plan Proven Strategy). Enforcement will be focused on speed, impairment, and red-light running/intersections as identified as Priority One Kent traffic focus areas based on data from the 2009- 2013 Fatality Analysis Reporting System (FARS). B. Utilize the DDACTS concept in each "hot spot" area to decrease traffic incidents and crime (Target Zero Plan Recommended Strategy). C. Educate the public about the dangers of excessive speed, impaired driving, and the intermediate driver's license (Target Zero Plan Recommended Strategy). D. Utilize the South King County Target Zero Task Force, Manager, and Community Education Coordinator to promote the ongoing high visibility enforcement operations and to promote traffic safety and crime prevention. The high visibility enforcement work will be assisted by other community partners from local government, schools, local businesses, and residents to aid in developing educational resources to increase message reach. Campaign materials and outreach may include social media, billboards, public service announcements, and paid media buys (Target Zero Plan Recommended Strategy). DELIVERALBES DELIVERABLES DATE —.........._ .............. -- Initiate first Kent PD DDACTS Team Meeting to establish baseline crime and traffic data, develop HVE monthly staffing October 1, 2015 schedule, and community outreach/media plan Media buy to promote high visibility enforcement. Begin other October 26, 2015 communitv outreach in "hot spots" Implement high visibility enforcement in "hot spot" location, November 2015 — alternatinq "hot spot" every week September 2016 DDACTS Team Meeting to assess traffic and crime statistics, Adjust patrol schedule after first round of high visibility December 1, 2015 enforcement in each "hot spot" DDACTS Team Meeting to analyze traffic and crime data to January 2016 assess impact and make adjustments Submit 1st quarter report to WTSC January 15, 2016 DDACTS Team Meetings to analyze traffic and crime data to February-March 2016 assess impact and make adjustments Analyze traffic and crime data to assess impact high visibility April 8, 2016 enforcement has on statistics 16 Submit 2°d quarter report to WTSC April 15, 2016 DDACTS Team Meetings to analyze traffic and crime data to April — June 2016 assess impact and make adjustments Complete reimbursement invoice processing for enforcement and education contracts for activities from October 2015 — July 8, 2016 June 2016 ......,_,..,......,........... ........................ _... Submit 3`d quarter report to WTSC July 15, 2016 DDACTS Team Meetings to analyze traffic and crime data to July— September assess impact and make adjustments _ 2016 Complete reimbursement invoice processing for enforcement and education contracts for activities from July — September October 10, 2016 2016 .�-............----------- ..................... Submit 4" quarter report to WTSC October 14, 2016 Submit Final Project Report to WTSC October 31, 2016 EVALUATIONS Each of the five project goals follow the SMART model. Project goals will be evaluated monthly to quantify the effect of the high visibility enforcement on traffic incidents and overall crime statistics. Kent Police Department's crime analyst will run monthly crime statistics in each "hot spot" area and these numbers will be compared to the baseline data ran in October 2015. Kent's crime analyst will run traffic collision reports monthly in each "hot spot" to assess the effect the patrols have on overall traffic safety issues. The baseline and monthly reports will be shared with the officers who work extra enforcement in each "hot spot". The number of contacts will be increased and reported by officers deployed for high visibility enforcement in each "hot spot" area. They will be required to complete the patrol activity log and submit to the South King County Target Zero Manager who will enter the results from each officer's patrol. Officers working discretionary time in the "hot spot" area will also complete a log for the time spent in the "hot spot" area. The number of hours worked, contacts made, warnings, citations, and crime related violations will be tracked by the Target Zero Manager and will be reported to WTSC during each quarterly report. The Target Zero Manager will also provide updates to the King County Target Zero Task Force keeping other agencies updated on progress and assist jurisdictions interested in implementing their own DDACTS projects. The Kent PD DDACTS team includes the Traffic Commander, Traffic Sergeant, Neighborhood Response Team Sergeant, South King County Target Zero Manager, Crime Analyst, and Research and Development Analyst, who will serve as the fiscal agent overseeing budget for this grant project. Using crime data, traffic collision information, and the patrol activity logs, the Kent PD DDACTS team will meet monthly to discuss the project, adjust patrols and plans as needed, and identify the community outreach and education needed to complement high visibility enforcement and to meet the education component of DDACTS. Upon completion of this project, Kent Police will have valuable data collected from this one year project so that other jurisdictions may be able to replicate similar strategies to decrease traffic crashes and crime and provide overall evaluation of the DDACTS concept. BUDGET This grant will fund overtime enforcement, education, and outreach components of DDACTS to include high visibility traffic enforcement and traffic/crime statistics analysis. Approximately 36 overtime hours of traffic enforcement will be conducted each month. Officers will rotate between the three "hot spot" locations each week. A total of $23,400 will fund overtime enforcement. In addition to the overtime dollars, Kent police officers on regular duty assigned to sectors of the city where the "hot spot" locations are located, will spend at least one hour of discretionary time per week conducting traffic enforcement in support of this grant application. These hours are 17 included in the match estimate on page 1 of the grant application ($5,000 or 125 regular patrol hours). The South King County Target Zero Manager will serve as the liaison with Washington State Patrol who will be notified of the enforcement schedule and invited to participate in the patrols. Two of the "hot spot' locations are located along the Benson Highway (104th/108th), a designated state roadway. A total of$10,000 will fund production and dissemination of traffic safety and crime prevention materials in support of the high visibility enforcement conducted as part of DDACTS. The South King County Target Zero Manager will be responsible for purchasing media buys promoting the enforcement and for creating and distributing messaging related to crime prevention and traffic safety. The messaging will occur via social media, on billboards, in the Kent Reporter, weekly crime statistic emails sent to the public, and other strategies identified by community members and the department. All outreach and education will correspond with the extra patrols and will target populations living in the "hot spot' areas to include apartments, businesses, and other community organizations. We budgeted $10,000 for the media/outreach component to be in line with the best practice enforcement to education dollar ratio for high visibility enforcement. ................. _._.................— Summary of Costs Amount ............... _. _. Employee salaries and benefits $23,400 36 overtime hours of traffic enforcement each month. _._ Contract Services (usually involves a 3`d party service provider) $10,000 Media/public education and outreach strategies TOTAL $33,400 18 19 POLICE DEPARTMENT � Ken Thomas, Chief of Police � T Phone: 253-856-5800 WASH ieorox Fax: 253-856-6802 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: October 13, 2015 TO: Public Safety Committee SUBJECT: Fifth Amendment to Corrections Facility Medical Services Agreement - Recommend MOTION: Recommend the Council approve a five year extension to the contract between the Kent Correctional Facility and Valley Medical Center/Occupational Health Services for inmate health care in the amount of $344,340 annually with terms and conditions acceptable to the city attorney and police chief. SUMMARY: The Kent Corrections Facility ("KCF") is required by the U.S. and Washington Constitutions to provide health care services to inmates housed at the facility. The KCF is responsible for the health care of inmates in its care, whether they are treated at the KCF or are transported to a hospital for care that cannot be provided at the KCF. In 2004, the City and Occupational Health Services/Valley Medical Center ("OHS' entered into an Agreement for OHS to provide comprehensive medical services at the KCF facility. That agreement has been amended from time to time to extend the contract period and modify services. One of the advantages to the relationship between the KCF and OHS is that, due to OHS's affiliation with Valley Medical Center, the parties have been able to develop creative ways to reduce the costs of medical services that cannot be provided within the facility. These costs are not included in this contract. This Fifth Amendment to the original agreement will extend the term of the Agreement to December 31, 2020, will modify the allocation of staffing hours, will reduce the cost of administrative expenses, and will address an increase OHS's staffing costs. The current contract, which expires on December 31, 2015, had an annual cost of $350,887. Due to staffing adjustments and efficiencies, the annual cost of the new contract will be reduced to $344,340 (note this annual amount does not include possible cost of living adjustments after the first year). The contract also contemplates an additional $5,000 reduction in administrative costs for the first two years of the contract. This will result in a reduction of more than $11,000 in costs for each of the first two years, and over $6,000 in reduction for each of the remaining three years. Exhibits: Contract Budget Impact: Cost savings of approximately $40,000 over life of contract s:ApublicAcity asks ofCrceicitycewcilAcouncilc.ttees\poblio safety co.±teeAbldN motiondoc 20 KENT wa= o� FIFTH AMENDMENT TO CORRECTIONS FACILITY MEDICAL SERVICES AGREEMENT THIS FIFTH AMENDMENT TO CORRECTIONS FACILITY MEDICAL SERVICES AGREEMENT is made between the CITY OF KENT, a Washington municipal corporation ("City"), and PUBLIC HOSPITAL DISTRICT NO. 1 OF KING COUNTY dba Valley Medical Center Occupational Health Services, a non-profit municipal corporation organized under the laws of the State of Washington ("Vendor"). RECITALS A. In 2004, the City and Vendor entered into a Corrections Facility Medical Services Agreement for Vendor to provide comprehensive medical services at the Kent Corrections Facility ("Facility") for the period of July 1, 2004 through December 31, 2006. The parties executed a First Amendment to the Agreement to extend the Agreement for the period of January 1, 2007 through December 31, 2007. The parties executed a Second Amendment, to extend the Agreement for the period of January 1, 2008 through December 31, 2010. The parties executed a Third Amendment to extend the Agreement for the period of January 1, 2011 through December 31, 2015. The parties executed a Fourth Amendment to account for an increase in costs which was last signed by the Mayor of Kent on October 26, 2011. B. The parties express their mutual intent and desire to further amend the Agreement to extend the term of the Agreement to December 31, 2020, modify the allocation of staffing hours, reduce the cost of administrative expenses, and address an increase in the Vender's staffing costs. NOW THEREFORE, in consideration of the mutual intent, desire and promises of the parties and other good and valuable consideration, City and Vendor agree as follows: 1. Section II, Time for Performance, is amended to extend the Agreement for an additional five year period beginning January 1, 2016, and ending December 31, 2020. 2. Section III, Level of Service and Compensation, Subsection A, Staff - Level of Service and Hourly Rates, and Subsection B, Estimated Administrative Expenses, are amended to delete those subsection in their entirety and replace them with the following: A. Staff - Level of Service and Hourly Rates. Staffing levels and hourly rates are set forth below. The staffing levels may be altered at the request of the City with thirty (30) days advance written notice to the Vendor and expressed in a written addendum signed by both parties; provided, thirty (30) days advance written notice shall not be required for minor changes mutually agreed upon by the City and Vendor. The Vendor shall provide the following level of service on the days indicated and at the hourly rates indicated: Fifth AMENDMENT TO CORRECTIONS FACILITY MEDICAL SERVICES AGREEMENT - 1 zi ANNUAL HOURS POSITION 3120 Licensed Practical Nurse (LPN) @ $48.00/hr 60 Hours per week Work performed Mon-Fri, 7:00 am- 3:30 pm and Sat-Sun, 10:00 am-8:30 pm Total monthly cost: $12,480.00 Total annual cost: $149,760.00 ANNUAL HOURS POSITION Registered Nurses (RN) @ $78.00/hr 2080 40 Hours per week Work performed Mon-Fri, 1:30 pm- 10:00pm Total monthly cost: $13,520.00 Total annual cost: $162,240.00 72 Medical Doctor, Psychiatrist (MD) @ $200.00/hr Up to 6 Hours per month Work performed as needed Maximum monthly cost: $1,200.00 Maximum annual cost: $14,400.00 XX As an alternative to and in lieu of the services of a Medical Doctor, Psychiatrist (MD), and as soon as practical, Vendor shall endeavor to retain a nurse who practices in the field of psychology and who is able to issue prescriptions to provide psychiatric services to the City. The hours and hourly rate of these services will be agreed to in writing by the parties, and once agreed to, shall replace the services of the Medical Doctor, Psychiatrist. 156 Physician's Assistant (PA) @ $115.00/hr 3 Hours per week Work performed in shifts totaling 3 hours per week at Vendor's discretion Total monthly cost: $1,495.00 Total annual cost: $17,940.00 The total annual expense for Vendor staff at the above levels of service and at the above hourly rates will be $344,340.00. On or around July 1 of each year, Vendor may increase the hourly rates for the LPNs, RNs, PAs under this Agreement if and to the extent it increases the hourly rates for all its LPNs, RNs, PAs pursuant to an applicable labor contract. Vendor will provide City with at least thirty FIFTH AMENDMENT TO CORRECTIONS FACILITY MEDICAL SERVICES AGREEMENT - Page 2 of 4 zz (30) days' advance written notice of such increase and make any such contract available for review by the City, upon request. Any such increase will be expressed in a written amendment to this Agreement executed by both parties. B. Estimated Administrative Expenses. The Vendor shall provide the following administrative services: 1. On-call for telephone consultation with LPN, RN, PA, Medical Director, Jail Health Administrator or other doctor; 2. Billing, hard copy ("paper") records management retention, storage of "paper" records, and scheduling; 3. Medical director oversight; and 4. Administrative oversight. 5. Program support services as called for in Section VI of the Agreement. 6. Provide additional staff coverage during vacations, sick and emergency leaves These administrative services shall be provided at an annual rate of $60,000.00, provided, a $5,000.00 reduction will occur for each of the first two years of the amended contract to account for implementation of the CorEmr system (electronic inmate medical records system) and set-up costs. Other related costs for CorEmr will be the City's responsibility. 3. Except as specifically amended by this Fifth Amendment, all remaining provisions of the Agreement, as well as Amendments not superseded by later amendments, will remain in full force and effect. In addition, upon the effective date of this Fifth Amendment, the written provisions and terms of this Fifth Amendment shall supersede all prior verbal statements of any officer or other representative of the City or Vender, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner the Agreement or any of its Amendments. 4. The effective date of this Fifth Amendment is January 1, 2016. FIFTH AMENDMENT TO CORRECTIONS FACILITY MEDICAL SERVICES AGREEMENT - Page 3 of 4 23 By signing below, the parties have executed this Fifth Amendment to the Corrections Facility Medical Services Agreement. CITY OF KENT By: Print Name: Suzette Cooke Title: Mayor Date: PUBLIC HOSPITAL DISTRICT NO. 1, dba Valley Medical Center Occupational Health Services By: Print Name: Title: Date: Approved as to Form: Arthur"Pat" Fitzpatrick, Deputy City Attorney p:\civil\files\open files\1525-jail medical services 2011\fifth amendment for 2015-2020.docx FIFTH AMENDMENT TO CORRECTIONS FACILITY MEDICAL SERVICES AGREEMENT - Page 4 of 4 24 25 POLICE DEPARTMENT � Ken Thomas, Chief of Police � T Phone: 253-856-5800 WASH INGrox Fax: 253-856-6802 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: October 13, 2015 TO: Public Safety Committee SUBJECT: Police Chief's Update — Information Only Information Only SUMMARY: Chief Ken Thomas will present information regarding the current events affecting the police department.