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City Council Committees - Public Safety Committee - 05/13/2014 (2)
Public Safety Committee Agenda Councilmembers: • Dana Ralph • Les Thomas, Jim Berrios, Chair KEN T YVASH I NGTO h May 13, 2014 4:30 p.m. Item Description Action Speaker(s) Time Paqe 1. Approval of April 8, 2014 minutes Yes Jim Berrios 5 min 1 2. Fiscal Year 2014 JAG Grant - Recommend Yes Sara Wood 5 min 3 3. Washington Traffic Safety Commission Amendment #1 to MOU - Recommend Yes Sara Wood 5 min 25 4. Washington Traffic Safety Commission Amendment #1 to Interagency Agreement For Target Zero Manager - Recommend Yes Sara Wood 5 min 37 5. Justice Assistance Grant Application Funding VNET Office Manager-Recommend Yes Sara Wood 10 min 51 6. Blumenthal Contract - Recommend Yes Sara Wood 10 min 87 7. Valley Swat Interlocal Agreement and Resolution Authorizing Mayor to Sign - Recommend Yes Chief Thomas 5 min 109 8. Police Chief's Update No Chief Ken Thomas 10 min 127 Unless otherwise noted, the Public Safety Committee meets the 2Ind Tuesday of each month at 4:30 p.m. in Council Chambers East, Kent City Hall, 220 4th Avenue South, Kent, 98032-5895. For 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 the Washington Telecommunications Relay Service at 1-800-833-6388. This page intentionally left blank. 1 Public Safety Committee Minutes April 8, 2014 COMMITTEE MEMBERS PRESENT: Committee Chair, Jim Berrios and Committee member Les Thomas were present and Committee member Dana Ralph was absent. The meeting was called to order at 4:30 p.m. by Committee Chair Berrios. Changes to the Agenda: None Item 1 - Approval of meeting minutes dated March 11, 2014 Committee member Thomas MOVED to approve the minutes of March 11, 2014. The motion was SECONDED by Committee Chair Berrios and PASSED 3-0. Item 2 - 2014 Distracted driving pilot project grant - Recommend Chief Thomas presented information regarding the grant received from Public Health of Seattle/King County. Washington's cell phone law came into effect in 2010. The goal of the project is to educate the public on the dangers of distracted driving. The City will use the $7,000 grant funds to pay for emphasis patrols and an educational campaign. Committee member Thomas MOVED to recommend Council authorize the Mayor to accept the Emergency Medical Services Division of Public Health Seattle/King County grant in the amount of $7,000, authorize amending the budget, . authorize the mayor to sign all documents, and authorize expenditure of the funds in accordance with the grant terms and conditions acceptable to the Police Chief and City Attorney. The motion was SECONDED by Committee Chair Berrios and PASSED 3-0. Item 3 - Kent Drug Free Coalition Reducing Underage Drinking Project Grant - Recommend Chief Thomas presented information regarding the grant received by the Substance Abuse and Mental Health Services Administration in the amount of $15,570. This grant supplements the 2013 grant. Committee member Thomas MOVED to recommend Council authorize the Mayor to accept the Substance Abuse and Mental Health Services Administration 2013-2014 grant in the amount of $15,570, authorize amending the budget, authorize the mayor to sign all documents, and authorize expenditure of the funds in accordance with the grant terms and conditions acceptable to the Police Chief and City Attorney. The motion was SECONDED by Committee Chair Berrios, and PASSED 3-0. 2 Item 4 — Police Chief's Update Police Substations. Chief Thomas presented information regarding the signs that the police department is purchasing and having installed on the buildings above the entrances at both the Panther Lake and Woodmont substations. The police department worked with the property owners to ensure compliance with the lease terms. Chief Thomas provided pictures of the signs that will be installed. The signs will have internal illumination. The signs were approximately $5,000 each. School Zone Traffic Safety Cameras. Chief Thomas presented information regarding the number of citations issued at each of the school zone traffic safety camera locations during the months of January, February, and March of 2014: Neeley O'Brien Sunrise January 531 385 February 419 373 March 507 402 1't Quarter Totals: 1,457 1,160 Committee members Berrios and Thomas were surprised at the lack of consistency in the citations issued. Chief Thomas indicated that the extra week in March may have contributed to the inconsistencies. Committee member Berrios indicated that the City is serious about the safety of the kids. The meeting was adjourned at 4:40 p.m. by Committee Chair Berrios Respectfully rbmitted, VL� Kim Komoto Public Safety Committee Secretary 3 POLICE DEPARTMENT Ken Thomas, Chief of Police KENT Phone: 253-856-5800 WAsH-7— Fax: 253-856-6802 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: May 13, 2014 TO: Public Safety Committee SUBJECT: Fiscal Year 2013 Bureau Justice Assistance Grant -Recommend MOTION: Move to recommend Council authorize the Mayor to accept the Fiscal Year 2013 Edward Byrne Memorial Justice Assistance Grant in the amount of $52,379, authorize the Mayor to sign all documents, amend the budget, and authorize expenditure of the funds in accordance with grant terms and conditions acceptable to the Police Chief and City Attorney. SUMMARY: The City of Kent, in conjunction with nine other jurisdictions in King County, filed a joint application for $635,618 in funds from the Edward Byrne Memorial Justice Assistance Grant to assist with various law enforcement needs. The City of Seattle serves as the primary representative to manage the overall grant funding, to process expenditures, and to file necessary reports regarding use of the grant funds. Of the total $635,618 awarded to these 10 agencies, the City of Kent will receive $52,379 in grant funds. The City of Kent intends to use a majority of the grant funds it receives to increase the effectiveness of the Kent Police Department's Intelligence Led Policing (ILP) by deploying an expanded technology infrastructure to support the data driven component of ILP. After reviewing crime statistics for the last year, Command Staff determined that grant funds should be used to purchase a surveillance system to be used in two "hot spot" areas of the City at any one time, as determined by crime statistics. This system will encompass a dedicated computer server, computer, and cameras fixed onto light poles. After the initial startup costs, associated expenses will be for system maintenance. A portion of the grant funds will also be used to purchase graffiti removal supplies to support the citywide efforts to eradicate graffiti. Exhibit: Interagency Agreement Budget Impact: Unanticipated Income S:\PUBLIC\POLICE\Public Safety Committee\2014\May 2014\JAG Grant Motion.Docx 4 Interagency Agreement Edward Byrne Memorial justice Assistance Grant(JAG) Program FY 2013 Local Solicitation Executed by City of Seattle Department Authorized Representative: Diane Pilon 610 5th Avenue PO Box 34986 Seattle,WA 98124-4986 and City of Kent,hereinafter referred to as"Recipient" Grant Manager: Sara Wood 220 4th Ave,S Kent,WA 98032 IN WITNESS WHEREOF,the parties have executed this Agreement by having their representatives affix their signatures below. CITY OF KENT CITY OF SEATTLE Suzette Cooke, Mayor Harry Bailey,Interim Chief of Police Date: i Authorized by: Grant Program: Edward Byrne Memorial Justice Assistance Grant(JAG)Program j I Y 13 JAG hiteragency Agreement,Page i of 72 I 5 WHEREAS,the justice Assistance Grant(JAG) 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 authorized$635,618 in the justice Assistance Grant(JAG) Program for jurisdictions in King County; and WHEREAS, 10 jurisdictions in King County were required to apply for a JAG Program award with a single,joint application; and WHEREAS, the City,as the identified Fiscal Agent,submitted the joint application to the Bureau of justice Assistance on July 9, 2013 to request JAG Program funds; and WHEREAS,based on the City's successful application,the Bureau of justice Assistance has awarded$635,618 to the City from these JAG Program funds; and WHEREAS, pursuant to the terms of the 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 WHEREAS,the City is not obligated to continue or maintain 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 fiords are spent; NOW THEREFORE,the parties 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 until September 30, 2016 unless terminated earlier pursuant to the provisions hereof. ARTICLE II: DESCRIPTION OF SERVICES The services to be performed under this Agreement shall be conducted for the stated purposes of the Byrne Memorial justice Assistance Grant(JAG) Program (42 U,S.C,3751(a,)The Edward Byrne Memorial justice Assistance Grant(JAG) Program is the primary provider of federal criminal justice funding to state and local jurisdictions.JAG funds support all components of the criminal justice system,from multijurisdictional drug and gang task forces to crime prevention and domestic violence programs,courts, corrections,treatment,and justice information sharing initiatives.JAG funded projects may address crime through the provision of services directly to PY 13 JAG Interagency Agreement,Page 2 of 72 I 6 individuals and/or communities and by improving the effectiveness and efficiency of criminal justice systems,processes,and procedures. ARTICLE 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(JAG) 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 funds.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 reimbursement,or any type of payment whatsoever for services performed under this Agreement prior to the distribution and availability of federal funds, ® The Recipient shall comply with all conditions and limitations set forth in the FY 2013 Justice Assistance Grant Program Award# 2013-DJ-BX-0715. The FY 2013 Justice Assistance Grant Program Award Report#; 2013-DJ-BX-0715 is attached to and made part of this agreement,as Attachment A.Allocation and use of grant funding must be in accordance with all special conditions included in the Award Report.All Recipients are 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(JAG) 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 are assumed to have read,understood,and accepted the Local Solicitation as binding, e Recipient agrees to obtain a valid DUNS profile and create an active registration with fine Central Contractor Registration (CCR) database no later than the due date of the Recipient's first quarterly report after a subaward is made. o The Recipient shall comply with all applicable laws,regulations,and program guidance. A non-exhaustive list of regulations commonly applicable to BJA grants are listed below, including the guidance: (Q) Administrative Requirements: OMB Circular A-102,State and Local Governments (10/7/94,amended 8/29/07) (44CFR Part 13) (R) Cost Principles: OMB Circular A-87,State and Local Governments (5/10/04) FY 13 JAG Interagency Agreement,Page 3 of 72 I 7 (S) 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) (T) The Recipient must comply with the most recent version of the Administrative Requirements, Cost Principals,and Audit Requirements. 29)Non-Federal entities that expend$500,000 or more in one fiscal year in 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,but records must be available for review or audit by appropriate officials of the Federal agency, pass-through entity,and General Accounting Office (GAO). 30)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 Yellow Book) developed by the Comptroller General and the OMB Compliance Supplement. The Recipient has the responsibility of notifying the Washington State Auditor's Office and requesting an audit. 31)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. 32)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 concerning audit issues or findings within 30 days of the date of request.The City reserves the right to recover from the Recipient all disallowed costs resulting from the audit. 33)if applicable,once any single audit has been completed,the Recipient must 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 FY 13 JAG Interagency Agreement,Page 4 of 72 8 Seattle,WA 98124-4986 206-386-1996 34)In addition to sending a copy of the audit,the Recipient must include a corrective action plan for any audit findings and a copy of the management letter if one was received. 35)The Recipient shall include the above audit requirements in any subcontracts. m The Recipient agrees to cooperate with any assessments,national evaluation efforts,or information or data collection requirements,including,but not limited to,the provision of any information required for assessment or evaluation of activities within this agreement, and for compliance BjA reporting requirements. When 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: (E) City of Seattle regulations including,but not limited to: (9) Equal Benefits Program Rules (SMC Ch.20.45:http://cityofseattle.net/contract/equalbenefits/) (10)Women and Minority Owned Affirmative Effort: If a Recipient intends to subcontract out any part of a contract instead of performing the work itself,then the following requirement 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. L Outreach efforts may include the use of solicitation lists,advertisements in publications directed to minority communities,breaking down total requirements into smaller tasks or quantities where economically feasible, making other useful schedule or requirements modifications that are likely to assist small or WMBE businesses to compete,targeted recruitment efforts,and using the services of available minority community and public organizations to perform outreach. j. 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 Agreement. The City shall have the right to inspect and copy such records. (27)Licenses and Similar Authorizations: The Consultant,at no expense to the City,shall secure and maintain in full force and effect during the term of this Agreement all FY 13 JAG Interagency Agreement,Page 5 of 72 9 required licenses,permits,and similar legal authorizations, and comply with all requirements thereof. (28)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 are 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,chlorine-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. (29)Americans with Disabilities Act: The Consultant shall comply with all applicable provisions of the Americans with Disabilities Act of 1990 as amended (ADA) in performing its obligations under this Agreement, Failure to comply with the provisions of the ADA shall be a material breach of,and grounds for the immediate termination of,this Agreement, (30)Fair Contracting Practices Ordinance; The Consultant shall comply with the Fair Contracting Practices Ordinance of The City of Seattle (Chapter 14.10 SMC),as amended. (31)Suspension and Debarment:The Recipient certifies that neither it nor its principals are presently debarred,suspended, proposed for debarment,declared ineligible,or voluntarily excluded from participating in transactions by any Federal department or agency. By signing and submitting this Agreement,the Recipient is providing the signed certification set out below. The certification this clause is a.materlal representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the Recipient rendered 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 any time the Recipient learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The Recipient agrees by signing this Agreement that it shall not enter into any covered transaction with a person or subcontractor who is debarred,suspended, j proposed for debarment, declared ineligible,or voluntarily excluded from participation in this covered transaction, unless authorized in writing by the City. The Recipient shall include the requirement in this section in any subcontracts. (32)In the event of the Recipient's or subcontractor's noncompliance or refusal to comply with any applicable law,regulation or policy,the City may rescind,cancel,or terminate the Agreement in whole or in part. The Recipient is responsible for any FY 13 JAG Interagency Agreement,Page 6 of 72 10 and all costs or liability arising from the Recipient's failure to comply with applicable law,regulation,or policy. 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 Memorial justice Assistance (JAG) Grant Formula Program King 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 information and materials (e.g.a detailed outline of completed work) as may be pertinent,necessary,or requested by the City or BJA to determine the adequacy of the Work or Recipient's progress. ARTICLE V: PAYMENT (I) Compensation The Recipient shall be reimbursed on an actual cost basis. Total compensation under this Agreement is$52,379. The Recipient shall incur authorized allowable expenses in accordance with the Program Narrative and Project Budget,as detailed in Attachments B and C. The Recipient may request additional reimbursement up to the amount of interest accrued on their 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 amount of interest accrued,after the initial 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 more than monthly,and at least quarterly.After the first quarter,monthly submission is preferred.Invoices are due no later than 30 days after the end of the period-in which the work was performed. No travel or subsistence costs,including lodging and meals,reimbursed with federal funds may exceed federal maximum rates,which can be found at: http://www,gsa.gov. (J) Manner of Payment The Recipient shall submit reimbursement requests not more than monthly,and at least quarterly.After the first quarter,monthly submission is preferred. Requests are due no later than 30 days after the end of the period in which the work was performed. Reimbursement request forms are provided. Substitute forms are acceptable. rY 13 JAG Interagency Agreement,Page 7 of 72 11 I With each reimbursement request,the Recipient shall submit: • Detailed spreadsheet of expenditures by task and related financial documents (timesheets, Invoices) • Project status report ® These documents and invoices must be kept on file by the Recipient and be made available upon request by the City or to state or federal auditors Reimbursement 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 the 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 authorized representatives of the parties hereto,The parties hereto expressly reserve the right to modify this Agreement,by mutual agreement. v FY 13 JAG Interagency Agreement,Page 8 of 72 i 12 Attachment A,page 1 of 8 Dipariniml of JOSIko OMCO0f 11silc4N08mnts �t PAOB 1 OF B ., 11Uy0AU orJUStj00 ASSj5t011C0 �Ti'81it },RCCIPIBNTNAbfRAtsroADDRt'SSUaeludfng7JpCade) 4,AIYARDN%Inev 2013,D1•BX•O7t5 6WFog60DPaw firth lhAYtavr,MAwavaP.O.eaa9f749 3,PROJECT PERIOD;FitOXi M10111012 TO 020110t6 , SeaWr,1YA 99114.4749 DVDOBT PERIOD;FROM 1Q010411 YO 07ll0l2016 6,AWARDDATB 451))0013 1.ACHON . _.. U,ORANTEBIRSR'CN[x>RNO. 8.SUPPLBaIBNPNUMBER tnlll�) 91640t)0} 00 9.PRBYIOUS AWARD AMOUNT r to 19,ALIOVNTOP TIES AIVARD. $655,615 PY200lalnt)AOAppl10110n 11 TOTAL AWARD $631.615 12,$PECIAL CO,DTT(ONS�y ^M.• _ IRS OYB(5) D0 PR07ECP13 APPROVED SUBJECT TOSUCiICONDITION'SORLIMMA'ROINSAS ARE SBTFORTi10.17119 ATTACI 1),STA70TORY AUYIIORITY FOR ORANT 7hltprojtititloWetdvnJii FYI)(BIA•)AO)42USC3750,il sq. ' 13.bIHTNOb OF PA1•�iCNT , OPRS AOf(rCYAPPROYAL ORAMFBACCEPTANCB (6,TYPEDNASIUAHDliTLBOPO?I(dVINOOFFICIAI, I8.7YPCDNA MANDT17LBOFAUTt(ORMHOORANTC$OFOCIAt, Dtalra O'Damall t Rk0 s St0lnn • \ts)ar Minor 17,SIONATURBOPAf' 0VNOOPF(CIAL 19.SIONATURBOPA�U IORIZEDRECIPICNTOFMCIAL 19A.DA7l8 AOBNCYUSBONLY 40.ACCOlINTRIOCLAVVICATIONCOON 21. U01JU 4616 P)SCALYFUNDC BUD.A OFC. DIMS SUD. PO31S ANIOUNT EAR OPR OT, Ol X 0 W 80 00 00 b3S618 op FORai wow(REV.5,31)PRB1gOVS EDITIONS An 00501.BTB. OI P MAIM 400N2(ROV,4.31) I ' 13 Attachment A,page 2 of 8 Dtparimcnk of luslico ' f OfficoorJusifcoPfagranu AIVARD } Murano of Jusltco Assistance CONYINUATIONSH)✓GrT PAon 2 OF E r Gt'Rnt PROIECTNU.M.11 40D.D1,13*0715 AWARDDATO 08f2St2011 • sr�crl�covArrroNs t, T1it rttlpltai Agrtts to cam ly wlih iho finanolol and adndulstrnlivo rerlvlremtnis set fosih In ilmt current tdillon of Iho . ofnteof Jusiieo Programs�O1P)PiaAntial Ouide. ... .. . .. ... . .. 2, 'rho retipiont aclamowledges Umt fallurtto submit on nteeptablo Ugval i3mploynmoni Opporivnity Pion(irtccipleui is required to submit ono pursuant to 28 C.D.R.Section 42,202),that is approved by tiro Offico for Civil Rights,Is a violation of its Ccriificd Assurancts and may rtsuit in suspcuslon or ttrndnalton of funding,until such limo as iho rcolpltnt is iu compllanco, 3. 'Mo reelplent,grtes totomply evhh(ho orgonizallonal audit requlkmtnts of Mill Circular A-t33.Audits of MAIM, Local0overnmonts,and Non•ptoIIt otgonizallons,And foititcrundersionds And agrees ibn(funds way bo withheld,or otherralaad tequbvnstnls nnay tie Imposed,if outstanding audlt Issues Wally)from Ots(p Circular A-133 audits(and an other audits of O1p grant funds)art not satlstwottly and proolpiiy addressed,as funkier described in Iha currtnt ediltan of gso OV Pinnaoial Guldo. d, Rtolpitnt u114e1'slands and agrees that it counal use ally fedcrol funds,oldtcr dlrecily or ludlsecily.In support of lima enaointtni,ropeol,11141itniton or Adoption of any law,regulailon or polity, At any levcl of govcrnmcrd,nvllisout iho oxprtss priorivniten oppn>vai ot•OIP, 5, Tho recipltni must prounpily roftr to iho DO1010 spy oredlblo evldcnco tirai a principal,amp(oyes,a on1,wuirnclor, subgrttntto,subtontraclor,or olhtr person has either )smtbmlitsd a fslso claim for great funds unbd r o pAlso claims slmllar rnlsconduott nv 141ngngrn iifunds-'fids 011dlito piso oppllost many sub cclptcnls p Potential fraud,%vol(o, abuso,or miscondocl ahovtd ba it 'I'd to lilt 010 by suall: Ot11ca of iba tsixctor Qenesel US,Department of lustica invostigaHons Division 950 Polmsylvmtia Avemto.N.W. Roam 4706 Washington,DC 20530 a•nmailt olg,hotllno@usdgj.gov hollinol(contact Information in pugtish and Spotilsb):(800)869.4,100 of holilno fax;(202)616.9881 Addlllooal informailon Is avallablt rrons the 1301010 webslte at"%V-usd0J,9ov10l8. 6, Recipient undorstuds and ogtees Ihat It cannot use any federal funds,elthcrdireeily orindlreeily,In support of any conUacl of subanvwd to eltfter iho Association of Cotumunity 01941Alza11ons forTteform Now(ACORN)or Its subsidlorles,without iho axpress prior written approval of 0% 7. Tho setiplout agrees to comply►with any additional nqulrtmeots that may bo Imposed dodo gg the grant perfonuoneo period if the ogeneydatemnlats that tlma retlplent is nhigh•sist:grantee.C628 C.D.R,parts 66,70. OrP FORAf 400012tRn1S 9•EE) • 14 Attachment Ar page 3 of 8 Depaltnlonl of Miles Offlcaof Jusifco Programs AWARD Ilurenu of hst)ce,Ass)stmtco CONTMA`I'IONSHELT PAGP 3 OP I • tyt'aai t, dO)ROTNU1taRR 10110•aX•0715 AIYARDDATit OVD11013 SPEChlb CONDITIONS g. Tho rociplent agrees to comply Will applicable requlromonts rogard(ng rogistrntton whit tho System for Award • • Management(SAM)(or w1Un a successor govemment�tYlda system ofRototly dos9gnaicd by OtrtA and GIP).The•••• •• • eelplantadsaagrees tocomp/}tWiis appplfcableaCatdcllons on4ubatyardmo-fitawlasubr lr and}p�roVido a Data Universal Numbering System(DUNS)numbor.Tho details of reciplent obligations aro posted on Tho OfAC40f iasllte PrOgroniS 1Yeb 511e at I11lp:tinYlYIV,O�p.gOYJiUndJng/salt,hhn(AtVard Coadliloat ReghtrailOn tYlih Iho System for Award Management and Unlvtrsal identifier Rcqulroumnis),and aro Incosporaled by reference hero,This special coadhlon does not nppiy to nn nnverd Id an Individual who received the atvvd as a naNrai}arson{l.o.,uarelattd to any business or norrpiollt oiganizallon i1M Ito or she rimy owe or operate In his or her Demo). 9. putsuoni to l3xccutrvo Order)3513,"Pedernl Leathrshlp on Reducing Toxi hfassaglug 14'htlo Ddving;'7d Ped,Reg. 51225(Wow(It 2009),1116 Department oncovrages recipients and sub rooipitnts to adopt and enforce pollclos banning employees from text messaglug whllo driving any vehiole doling iho courso of performing woik funded by tills grans,and to establish nvorkplace,safety polleles Arid conduct educiulon,awaronoss,and oiltor outreach to itwonso craft caused by distracted dflorr. 10. The reelplent ogress to comply with All applicablo laws,regulations,policies,and guidance(including spcoi4o cost limils,prior Approval and reppoorting cequirentents,whoa oppilcable)govorniug tho use of federal funds for expensos related to conforoucos,meolinat,Ualnlogs,And other evcrils,including tine provision Wood ondtar bovorogts At such events,and costs of attendanco at such events, Inforwailon on pertinent Inws,regulations,policies,and guidance,is avol)ablo At www,ojp.gov/fundingtconicost.him. 11, The recipient understands and agrees that Any trainhlg or Uolnlog materials developed or delivered wilh funding provided under this MY.-rd must adhere 10 iho O)p not lIrg Golding Prinoiples for Gronlws:And subsiontoea,availablo Atlnlp:)Avsnv.ojp.vsdoj.goYlhiadingto}piminin8guldingprinciptcs,htm. 12. 'rho recipient egress that If It currently has an open Award of fodelol funds or if it wolves An invord or federal funds other than this OJP award,and those sword funds hnvo been,nre being,or aro 10 be used,In whose or in part,for one or more of tho Idonlicni cost items forwhich funds me being piovttfad under this OR sword,the recipient will promptly notify,in wriling,iho grunt manager for this OR nwaid,And,if so requested by O)P,seek n badSol-modiftoAtion or changc-of-pro)cct•scopc gront ndjusinlea notice(OAN)10 clin4gato any Inappropriate dup)tcallon of funding. 13, Tho rccipltnt understands and PpVos that award funds maynol be used to discriminate agnimt or doalgrnio the loligtovs or morol beliefs of students"-Ito paliicipato in programs for wh)oh f)nAncinl assistance is provided from those funds,or of Iho parents or legal guArd)Ans of such students, 14, Tho reelplent understands And ogiets that•(a)No Award funds shay be used to snatatoly or establish a computer Detwotk unless such network blocks the viewing,downloading,and exchanging orpomogroppby,Dad(b)Nothing In tubseolion(o)llntiis tho use.of funds necessary for any Pedttai,Slate,tribal,or local law onfareemont ogancy or oily whoroutity oonying out Criminal investigations,prosecution,or adjudication ANIVlilos, Is. Tho teeiplent agrees to comply Ivilb 0)P grant monitoring guldolhno,protocols,Dnd procedures,and to cooperate vvlUi BMand 000 on ail groat 1110401108 requests,including requests related to desk rovlows,enhanced progrommaito desk rovlows,and/or site visits,'no(colptcnt agrees to provide to D)A and OCPO oil dotamontattan Rtcessary to compltto mon(tortng Imb,Inoiuding dowmemotlon related wa y,tubawards wadbunder lids owed,Who(,iho reclplont agrees to ablda by roasomblo deadlines set by DIA and OCFO for providing the requested documents. pallure to cooperate with DJAWOCPO's grant monitoring sellvltlas nnay result In sanctions affccllag IharocEpicnt's Doi Awards,including,but not lhndted to:%N-IlMoldings and/or other restrictions on Iho reolp)ont's access to grams funds)rororfol to the OIR16 of Una inspector General for audti review;dosignallon of the reelplent as A DO)High Risk gronteo;or terminAllon or an aword(s), JV'l UIP rORtf{00a71(RBnr.d•a6} 15 Attachment A,page 4 of 8 Mpmtnicnl of Jusilco 0111coof Jusllca Progrmns ASYA" I3at'crlu s)YJus{Ice Asslsfnuco CONTINIJATJONS W PAOn a off s Gs'fslli PR018GTh02tBER J01).O!•BX•OJIS AWARD RAW O 41201) SPECIAL CONDITIONS 16, Tite seoipptent agrees to comply with applicable tequlremonts to report first-lier subatvatds of$25,000 of Moro and,in certain tlrcunsswitts,(a report the names and total compmtollon of the five most highly eonsporiseled oxecultvos of.. is0-r'eclplettl•end-fisst•tit,�aubrociplente•of-award•titnds,-Suclsciatn-null-bbc-anbnslticd-to-tile-tttrA-TA-Subawar • Reporting System(PSRS).•711e details of reciplent obligation,,which derive from the Pedernt Pending Aeeouniabilily end Tramparenoy A01 of 21106(PPATA),are polled on tho OJJIco of Justico Programs web$le at htip;Jlmiw,oJp,govlfUading/lfata.idm(Award condlliom Reporting Subrtwasds aid Rxecutivo Compensation),and are Incorposnted by referasteo he(o.This condition,and Its repoltlug requiremeni,does not apply to gritut awards rondo to on individual who received tiro mvard as a natural person 6e„unrelated to any business or nor!•pront org;niration that he or she may own or operato In his or her name), 17, Tito teciptcnt ogrccs Ihat all Income generated as a d1acl result of tills award sholi be deemed program Ineomo, All program Incomo tamed must baeccounted for and used for Qtapurposes of funds provided under this ward,including suds usobefug eomistenl will tho conditlons of iito award,the effecllvo edidoA of iho O)P Financial Guide and,as oppltcabio,Other(1)28C.P.R.Pail 66or(2)28C,F.R Poll 70 and 2C,P,R,Port 115(OMPCircutorA•1,10). Portlier, the u14 of program hicosna must be reported on tile.quarterly Pcdcrnl Phsanclal Report,SP 425, 18. ToovoldduplieatinsexistingnetworksarlTsystowsIsanyInitiativesfundedbyRJAforlasvenforcementInfomailon sharing systems svldch Involve Inierstato connectivity between Jurisdictions,such sysiems shalt empl.6y,to tho blood possible,oxlsting nolworks as the communitatton baokbono to achieve iaterslate coanecslvily,unless the grantee cvs dewonsliato to tho satisfaction of DIA flat this requirement would not be cost effectivo or would impair the functionality of art existing or proposed 1T system, 19. in order to pronrole information sharing oud ouablo intaroperabli ty among disilmale systouis across the justice nod publio safety coranumlty.OJP requires the gmmeo to consply with DO)'s Global Justice hdomMlon Sharing Initiative (D0l's Otobai guldellnes and"commendDitons for rids pmtieulnr grant,Orantea atoll conform to the Global Standards Pac age(qSP)and n!!con:titucul elentonls,w fora applicable,as described at' htip;lAnvsv.U.ojp.govlgsp grantcondltton,Omnteaslsait documt nt planned appreaches to infornratlon sharing and dcscribeconrplim a io lha OSPand appropdnteprivnoypolicy thm protects shared lnformattom,or provide delalled JusilReatlars for why an a ttornative approach Is recommended, O)P FORM 400M(RB1'.4•181 16 Attachment A,page 5 of 8 milariment of Juslito Olfico or lnsilca Programs AWARD �t/)i ZZw'ceu of Justlee Asstsiet►ee CONTINUA`I'IONSHEET PAon s or is ^`n•rJ Gvont PROIeCtV1lAlAnR 70tJ•D1ffX•01I3 MARDDATU er11N101) SPBCMLCONt)1TIons 20, Tha granlco agrees to asslst HJA In complying with the Nntonal Hnvlronmemal Policy Act(NHPA),tiro Nattowil Nlstorto Prucn'dtlon'Aei,btl'd dlhlY?tlRted WWII M110 ri 1010l listingiy act iurslysesrequilwiteisis In tho uso'bf these. nFNnstz:-ellher-directly-by-tire-ganleFor-Ly-n subgrantaenAccord ,-rite-grentawgraas.tc--fi rst.rieterrnlnaJGnn of tw loltots4ug activitles w li be funded by the grant,prior to obligating toads for any of ttaso purposes.1f It b dctormined that any of the following Activities will bo fuuded by the grant,the grantto ogrees to contact VA. Tha grooleo undoisionds iliol this speetal condition Applies to its following new aelivAics whalicr or not they afa being speciftcPlly funded tivilh these grant funds,That It,ns tong as tho activity Is being tonducled by tha grantee,n subgrorilco,or any third pasty and the activity uccds to bounAdaken In order(o usa Ihoso grant funds,this speolol condition sssust first be suel.7110 activlRes covered by tills special condition Prat a.New construclllin; b,{ilnor renovAtion or rentodollug of n property toaotcd in an envlronnicnialiy or hisioricaily senshiva aroR,including propedles located within n 100•ytar flood plain,a wetnnd,or habitat for ondougeted species,or a property listed oa or 'eligible for listing on the Nntlonal Rcgistorof Itlstorlo Places,, o.A renovation,tease,or any proposed use of n bullding or faoilliy that will either(A)result{n n change Its Its basin prior use or(b)significantly change Its size; d,lmplonsontmiom of p new prograns involving sha urn of chemicals other thou chenticots that ara(A)purohnsed as an laoidontol eoinponenl of n funded activity and(b)traditionally used,for example,in offlca,household,reereollona),or education tnvitomnenlst and b. Implemoniation bra program relating to oloadtstina mctisamphtlantino laboratory opomtlons,lnciuding iho � ldetsiitication,selzufe,oreiesutoofalandesiinemethamphrtn alaboratories, 7110grante0 undontands and ogrees that eomplylogwhlr NOPA may requlrotho preparation of(to ilnvlronntontai Assosimoot and/or All Sovtroruuensal impact statensent,as directed by tsJA,7tso granlra�urtherundtrstands and agrees to the aqulrom ants for Implomcaiailon of n 1,011940011 Plnn,as detailed at hUp lhvww,oJp.usdo)gbvlBJNtrsottrotlnepn.hustl,tor programs relating to Ineihasupheiomine laboratory operations. Application of This Spetlal Condhlon to Ofalitces Lxfsitng Pmg(orns or Aotiviiles Pot any of iho grantee's or its subgronteas'ox{sliug Programs of Activiliea that will be funded by ilioso grout funds,tiro gtontco,upon specino request from HJA,ogrees to cooporato With D)A In Auy preparation by i3)A of a nailanb)or program environmental assessment of ttint funded program or Activity, 21. 7110re0 lent 1s required to establish a trust fund account.(Tha tmst road may Primly not bo oil lnterost-bcaring accaunL�7ha fiend,hwiud{ng any Interest,nta not bo used to pay debES or expenses incurred by other ncitviUts beyond thoscopaof Ata Hdsvard Hyena Memorial Just�se Assistoaca0raut Ptogiom(JAO).Tho reelplent Atha agrees roobtlg010 Rd oxpond he gtnttl funds!n limo(rust fund(including any intsrtst earrttd)during iha ptrioa of the grant,Qrnnt faads (hscluding any{merest tamed)not expended by rh11 en o[Ihs grant pedal tuust ba rotumtd to rho Bureau or Jusitco Asslslnnca it,Ater 90 days after Iha end of Ilse grant period,Along with the twat submission of tiro Pedom► Pinonclal Report(SP-d25). 22. JAO fiends may be used to putehwo bulletproof vests for on pgeney,but way not be uted as the 5016 wnich for purposes of Iha Dulletproof Yesl Partnership(OVP)pragrans, 23. Tha ree(ptonl Agrees►osubntlt a signed ceril0oailon ittat that 111 latvenfotcaasent aganeles rtceivIug vcsis purchased with J.AO funds hm a a lvrittan"mnudmory weal'poppy In effect,Alscal agents end stale agoaoles must ktepstgned etrtlicatons on(Ito for onysubreclplonts planning to uIllizo)AQ funds for batllstlo•tesisiPni Dad slnb•rastslaul body Annarpurchases.Th1s policy Atoll bo In ptncarot al(cost nil wsitorsued oftictrs betoro any PY 20i3 funding coo be used by the ogenoy for vcsis,Thera Pro Ito requirements rogruding the naturo of the policy other[ban 11 bolug a mandatory,wcor policy for all uniformed officers sehUo on duty. 01P Fon1I 4MI IRnt'.Q+ta) i 17 Attachment A,page 6 of 8 iSap;utnsont of Justice i Office,oflusiltoPsograms AWARD DutenttofJusticeAss(steltca CONT1!NUATTONSHEI T Pilau 6 OP s Great PAO)r?CiNu�fAER SOI�.I)).Dx.0)IS ^� — ANY,1RDDXIIII 0311)2I01) SPTiCIR L CONOI TIONS 24. BnJusilc•itsisienl and stab•rtsisiont body mot purchased with JAO funds maybo purchased at tiny threol level,make or modtl,from any distributor or mranuracturer,Wong as the.vtsts hove been tested and found to comply wish. elnh elendards all Arr lk,ed n'l lbr_t�*17 Cent wof ppflcabft tlnllonaUnsiliula afaustteabalAstlomr pliant MOM list(hilpWAII).gov).In ndditlon,batilsitc•t0stsiant and siab•rosistanl body eirnar purchased must be American• redo,The latest NU standard Infotniatton can bo found here,blip;!/lvsvtiY.ldj.govltoplcslteehnologyRwdyomwrJsaftty- lolllative.hlnt. Z. The rceiplessl agtets Thal any infornlailon technology sysiein funded or supported by 0)P funds will comply with 28 C.P.R.Part 23,CdMIAAl fn1c113gtuca Systems Operalingg Policies,if O)P detemllnes tits regulation to be.opp)Icablo. Should W ilmmko 28 c li R.Part 23 to bo Pppilcobte,O)P cony,at Its discretion,perform audhs of iho sysknt,of per Oro regulation.Should any vlolailon of 28 C.P.R.Pad23 occur,the reclplent may bo fined ns per 42 U.S.C. 3789g(o)•(d).Recipient may nos satisfy such a tine,ty1lb frdorAl funds, 16, Thcrccipltntoglevsto insure,tbalihoStotaInfonnailonTeclinotogy Point ofcontoolrecdlvoswritlonnollflcollon rogardhrg ony hlfomlallon technology project(undid by rids grant durlug,ho obligailen and oxpendituro ptdod.This is to fncllitole comtmunicallon anions loom And mime govtrnmentol entitles regarding various,Infomiallon technology projects being conducted with these grant funds.In addition,the rtalplent Agrees to rumntoin on ndrulm{si(attvo file docun bolo Iho nstethsg of this requlremtn.Porn Hit of$into lidamsOtlon7ethnoiogy Points orcontact,go to htip;I/myw.t14P.govldcfaullospx?arentlpoticyAudPmcitct&past=4od6. 27. T1io ggranica,agrees to comply with ilia,app)lcnblt Rryu)renients or 28 C,P,R.Pan 38,the Department of'lusllco rcgutatlon governing"Equal TYeabnent for Calih Based Organizallons"(the"Bquot Trta)ment Regulation").7tr0 I AUAI TroaDnent Regulation provldcs In put that DWitiotnt of Justico gronl awtWs of d[rect funding piny not boustd to fund any inherently rol)g)ous aclivilios,mull as 5votslAp,religious lnsuucdon,or ptoselptizntloit,Reoipierits of direct grntits may still engage In Inhtrently religious 11610its,but such atitvltlos must be,sePNOlo to time or p1Pco Gout tho Dopartmenl of Justice funded program,Pilo padlalpalion in suds acBvlUtsby[ndivtduals rtseivhigservices front Iho grontto or a sub•granteo most in voluntary,'fist 8qua)'Realment RogulAllon also makes olcar that organizations participAting In progranisdirectly Noded by lice Dapnitlutnt ofJusilto Pro not penAticd to disoriminPic to the proylslon of servlets on the basis Ora bc»eilclaty'a Nit glon. NOitviibstnnding any otltersptelol eondillon of}ills award,fallh• based orgnsilza►lonsmnay,Insomie,eheumslancts,eoasidertollgionnsabasls for omployment. Sea ht{p:IIIYw19.oJp.goviAbouVocrkqum..Rw,htnr, • i 28, 7bo recipient acknowttdges that A13 prograius funded through aubat�ards,whethtr ill thtslnte or lain ravels,must conform to rho grout progrmn requilentents es stated in B1A program guidance. j 20, Oranito og(tts to comply will,1lre requirements of 28 C.P.R.Pad 46 and Pit Of ico of Josileo Progmms policies And procedures rcgnrdMg iho proteciton of human rtsearth subjects,including oblatnnunl of TmstRudomal Revlety Board . approval,if Appropdato,and slibjcct infonned toitstal. 30. Ornntte agrees to comply with all eorindomlmity requirements of ill U.S.C,section 3789E and 28 CAR.Part 22 that are applicable to 4OUcclion,use,and revelation of Bala or Info❑matlon.Orenke Rtrlher agrees,as a cooditlon of grant approve),to submit n Privaoy Cetilncnlo Iliac Is in accord whh requhenionts oNg CAR.Part 22 and,to pnrdOular, section 220. 31. The(ce{plont agrees to moidtor subnwords under Ibis JAO towd In necordanco%Ail)all appplicable statutes,regulations, OMB cliculars,Ono guldoUnes,including ilia o)P Phtontiol outdo,nAd to include iho oppilcable coAdillous orlhls award in any 0baward,7110 rtelppteut is respomsiblo for oversight of subrtc)ploal spending and moaltotingorspeoifto ouicontrs and benonts plulbutnbie to use WAG funds by subreciplanit,Tho rt If nt Agrees to submit,upon regnasl, documentation orits pol)otes and procedures for nionitodog of subnwards under this award. OR FORM 4ciXN2 tRBV.4,19) I, 18 Attachment A,page 7 of 8 . T2tpa11nitni of Justice i Office of Jusitco Programs ANVAIM Bu►'Citu QPJusRRco Asslsta►tcc CONTINUATIONSHBET PAQ11 7 OP s GritnR PROJ�Crt�UJmnR 2013•AbaX•Wt5 ��^y AWAR00A78 QUIP2013 SrBCtALCt77toJT!©NS • 32, Tho reelploni agrees Mat funds rccolvwd under this award wilt fiat bo used to supplant State of local funds,but will bo used to Increnso the amounts of such fonds thht+vouldtla the nbfcnt0 of pcdcrat feuds;bo mndo Avolloble for taw 33. Award teciplenis must submfl qumtatly n Pederol TrJnenclal Repots(SP•425)and annual perfonnanco reports through ' OW(hltpsll/grnmis'*jp usdo).gdv). ConsistentivhhthoDtparimenisrssponstblililesunderihegovernmant Porfonumco and Results AN(OPRA),P L,103.62,opllconts who rccolvo funding under ibis sollclintlon must provide data the"mteasuro the results of their work,7 tcrcfaro, unrtcily pertormanco metrics reports must be submitird IbroughDJA'sPerfofmanco Measurement Too)(phiT)wibsito lYt�Y.bJapertosmencctoats,org). Formorodetailed hifomtatton on reporting AN other JAG roquIremonts,refor to the JAG reporting uqulremonls wabpogo, Polluro to submit required JAG reports by cstabilshrd deadlines may result hi 1110 ftcozing orgrmit funds and fuluro High Risk dalgnntlon.. 34, Award reeipteRis must verify Puhtt of Cautact(POC),Pinnaclnl Point of Contact(PPOC),and Authorized Representative contact Information In OMS,Including teicphona nuutber mid c•mall address,If any Information Is Incotruct or has changed,R Groot Adjustment Notico(OAN)must be subnillted via iho Qrmts Managomont System (this)to document changes. 3$. 'Tho gmnleo ogroos tlint w1Udn 120 days of award acoepianco,each current member of a law outorcosucnt Iask forco NOW+vllh thmo funds who is a task force commander,egonay omcutivo,task fou6 officer,or other task forco momborof egotvolent ritnk,Will complete rcqulrcd anlino(Internet-based)task force voltilpg,Addi lonalty,all tutus task forco monibors are r quirtd to cotnplote this trainhhg ease dudag she 11fo of this award,or once ovary four years It truldplo nwards Includo this«gnlremeni,The iralnlng Is provtdcd face of charge vnlinathrough BJA's Conter forTask Force Integrity and Leadership(wfv+v,ctfll.org),This Imining addressts task forco offcellvoness os wot As oter key Issuts Including privacy and civ1111bertiesRights,task fomopertomianco measurement,personnoi selectee,and task toreo ovsrslghi and nccousNnbillty,lVlhcn DJA funding supports n task Lorca,a task force persoanal rostra shouhi ba compiled and mnlntnlped,along with course tompleilon cartifleatas,by the grwt itclplen6 Addltlonnl intomiatton is available regardtugg Ibis requlrcd itAl ing and access methods via III +veb site and the Coeur for Cask Porco Iniogdtyand J eaderstdp(w+vw.cW.org). 36, No JAO funds may to exponded on unminnntd alroroft,unmanned aircraft systems,or nedai vchlclas(US,VAS,or UAV)unloss the B)A MotorcoriUlas Owl oxlmatdinay and exigent circumslauces oxist,makhlg 11101u esseotnl to the mainlenonte of pubilo safety and good order,At?dltlounlly,any)AQ funding approved for this purpose would be stibject to addltonat reporting,which would be silpulated by BJA post-award. 37, 0JA strongly encourages the redplont submit aonuot.(or Aare Nqueol)JAG succcss stories at JAO,Sho%caso®ojp.usdeJ,gov or via the onlino fomf at hltps;/hvww,bjo.govlconinotus.nspx.JAG succcss stories should Include the,panto and location of progtan/project;point of contact with phone and a-mall;amount of JAG funding received and in which fiscal ytnr;and a briefsummary descrlbtog life progtmfUproject and III hmpaet. 38, Reetplont may not expend or drA+vdo+vn funds until the ovicau of Justice AssfstAnco,Office of Jusiico Programs If" recalvcd and Approved iho signed Momomndum of Understanding(MOO)between time disparate jiuidlellons and has Issued a Otani Adjustment Notice(OAM releosing this special coudldon. 3% Recipient MAY not expand or dmwdown funds undi(ho Rurcau of Jostico Assislmhco(U)A)has recelved documentollun dehiionsirating ihatthe slate or local govcming body review mid PPubile comment requlremenis have ixon met and n Omni Adjustment Notice(OAN)has been epproved tcieashfg ihisapecint condidou, O1PrOR\t{000121R0Y.d•r!I � . 19 Attachment A,page 8 of 8 peparRnent ofJnstico e OffaeotJusQcal'rogrotns AWARD Bureau ol'JusticeASSI.Staltc0 CONTINIIATIONSHEART PAOR 8 OP a Gratsl PR0IECCIiUtitrrER IOI3•bh6X.071S AWAROPAU OV131101) SPGCMb CONDITIONS 40. Wills respect to INS Award,fedond Muds cony not bo used to pay cash compensation(salary plus bonusas)to Any emplo ea of tho award reclplonl at a rato.tbnt oxeeeds i 10%of tho ntaxlatunt annual salety payablo to a wombar of tho .. S[;Cl n_�_F nn ag�yS�l�l�a�'rertilt{SnC PrrrnJAMeal PPOISal.Sy3tell for that year. (Ah ntvnrd reolplant maycompeWin an employee at a Illghor solo,pravlded tho antouni In oxcess of this coltlpattsatlott 1{nlltatlon is paid with non•tedaral funds.) Tlds 11011tn(l0n on eo1jiponsA4on talcs 011OWAjo under this award may ba waived on nu indlvldunl basis nt 11to discrclion of the OR official Indicated 1111110 progrum'nnnouacemeut under tvhtoh this avoid is made, GIP FORM 4000;(R1RY.4•11S) 20 Attachment B,Page 1 of 2 Fx 2013 Edward Byrne Memorial Justice Assistance (JAG) Grant Formula Program Joint Application —Program Narrative City of Kent Project Name: Data Driven Crime Fighting Project Cost; $52,379 Project Description: This project will increase the effectiveness of the Kent Police Department's (KPD)Intelligence Led Policing(ILP). Police departments across the US are experiencing positive results with the use of a strategically located surveillance cameras and coordinated pro-active deployment of police officers;The KPD will apply this fianding to developing the necessary technology infrastructure to support a Data Driven Crime Fighting Technology unit. Funding will also be used to purchase graffiti removal supplies.The Kent Police Department Public Education Specialist coordinates citywide graffiti removal. Program Need: Crime analysis reflected that clusters of crimes occurred in defined areas of Kent over the past five years. Weekly crime analysis meetings reflected positive results when officers were proactively deployed in hot spots. Crimes,both violent and property are concentrated in primarily two areas of the city. A thud area reflected concentrated propeifiy and drug activity. This third area is located in an area of the city that was annexed from King County in July 2010. The KPD deploys both special investigative units and patrol officers to address recurring crimes in hotspots. Property crimes, including burglary,thefts and auto thefts are frequently the focus of KPD's data driven crime fighting efforts. Two Washington State cities with comparable populations as Kent reflect considerably higher per 1,000 property crime rates.These are Everett and Vancouver, both property rates per 1,000 were at 6.4 in 2012. While Kent's property crime rate per 1,000 is fairly steady from 2010-2012, it is considerably less at 4.8 in 2010 and 5.0 in 2012, This could be attributed to the KPD's Intelligence led policing. Having surveillance cameras in the hot spot areas of the city would keep our community safer by not only having recorded images of crime that has occurred in the city,but will also decrease the crime in those areas by the public knowing that we have cameras in the area that are recording. Tukwila and Federal Way officers regularly share how the cameras have provided great video evidence for crimes that have occurred and gives the officers a real time view of areas of their city all at once from their laptops or computers.The use of this video evidence helps solve crimes and leads to successful criminal prosecutions. Program Activities for 4-Year Grant Period: After reviewing crime statistics for the last year the KPD command staff determined that the best use of the 2013 JAG grant would be for the purchase of a basic surveillance system that could be used in the hot spot areas of town. This system would encompass a dedicated computer server, a I 21 Attachment B,Page 2 of 2 dedicated computer,and cameras that would be fixed onto light poles. The initial cost of setting up a surveillance system is high since you have to buy the infrastructure to run it. After the initial purchase,the cost would be just for the system maintenance and cameras and their installation. This program will begin by purchasing the technology infrastructure to take the KPD ILP to the next level. The KPD interviewed local law enforcement agencies and the Kent city traffic engineering department regarding their surveillance camera systems. KPD will use the information gained through these interviews to select the most relevant vendor for the KPD Crime Fighting Technology unit. This funding will allow KPD to utilize surveillance cameras in two hot spots at any one time. The base network and the server will support many more cameras for future hot spots. The only cost in the,future would be for system maintenance and the cameras and their installation. The city has an ongoing need to fiend these supplies.The supplies are distributed to police vehicles,corn munity organizations and neighborhood associations conducting city cleanup activities and for the City of Kent Corrections Facility Work Crew graffiti removal activities. Anticipated Coordination Efforts Involving JAG and Related Justice Funds: The funding from this grant will be supplemented by city funding for the police officers and detectives use of the technology equipment supported by this grant. Other justice Rinds will be pursued in the future to expand this technology unit. A KPD Detective works on the South King County Preventing Auto Theft through Regional Interagency Links Task Force.This detective recently attended surveillance technology training in preparation of the KPD Crime Fighting Technology unit. The training and the task force are supported through Washington State grant funding. Supplemental graffiti supplies may be obtained through in-kind donations from Kent businesses and foundation funding applications. Project Objectives: Implement a camera surveillance system to deploy using data driven strategies.This base system will improve trine investigations and decrease crimes in specified hot spots where it is deployed based on crime analysis. Equip patrol vehicles, support community cleanup efforts and equip CKCF work crew with graffiti cleanup supplies on a regular basis.This will ensure that KPD can respond and remove graffiti quickly. Studies have reflected that graffiti activity decreases when it is addressed and removed promptly. JAG Project Identifiers: Equipment--Video/Audio Recording Crime Prevention Graffiti -removal and monitoring 22 Attachment C JAG Budget Worksheet, Page 1 of 3 Consultants/Contracts H CITY OF AUBURN: OT Rate 9 of Hours Teen Late Night Program Officer Overtime: $88 17 $1,496 Citizen's Police Academy Officer Overtime: $88 58 $5,104 Fireworks Emphasis Patrols Officer Overtime: $88 221 $19,441 Auburn Total: $26,041 CITY OF BELLEVUE: Purpose Location Item Computation Cost Narcotics Training TBD Airfare 7 x$750 $5,250 Narcotics Training TBD Registration 7 x$450 $3,150 Narcotics Training TBD Hotel 7 x$475 $3,325 7 x 3 x Narcotics Training TBD Per Diem $109 $2,289 7x Narcotics Training TBD Mise Trans $62.28 $436 Bellevue Total: $14 450 CITY OF BURIEN: Purpose Location Item Computation Cost Forensic Computer Examiner Training Registration $1,500 x I officer $1,600 Travel/Per Diem $1,600 I' Other Training $10,430 Item Computation Cost SSHD,Seagate, 1TB $170 4 Port USB Switch $185 Hub Card Reader $60 CPU Speaker system $40 HD Docking Station $75 60 Baby Hub and Host kit $ External HD,500 Gb $70 each x2 $140 External I-ID, I Tb $ 90 each x2 $180 Headphones $50 ASUS Monitor $170 SATA SSD HD,360 Gb $330 Forensic Card Reader,DI Ultrablock $100 Apple 30-pin to USB cable $30 Lightening to USB cable $30 8 port 1 Gb switch $55 Flash Drive,64 Gb $35 each x5 $175 Flash Drive,32 Gb $25 each x5 $125 Flash Drive, 16 Gb $15 each x5 $75 Shnunitions Armorer K.it $165 Simunitions Pistol $580 each x2 $1,160 [POK kits $95 each xIS $1,425 i 23 I Attachment C JAG Budget Worksheet, Page 2 of 3 Carriers for IPOK kits $40 each x15 $600 Misc.Related Equipment $725 Simunitions Anununition I case $700 Burien Total: $20,455 FEDERAL WAY: Item Computation Cost Ballistic Blanket 4 Each 4 x 2500 $10,000 'Pole Camera I Each 6,430.00 $6,430 Taser 7 Each 7 x 981 $6,867 Smart Board 1 Each 6,220.65 $6,221 Verizon Wireless 42/Mo 36 months $1,512 Federal Way Total: $31,030 CITY OF KENT: Item Computation Cost Server $14,235/en.X I server $14,235 $3,835/en.X 1 Computer computer $3,835 Computer monitors $1,205/ea.X 4 monitors $4,820 Misc.parts,components, license $5,475 $5,475 Day/night cameras $4,375/ea.X 5 cameras $21,875 Graffiti removal kits $534.75/ea.X 4 kits $2,139 Kent Total: $52,379 KING COUNTY: Item Computation Cost .YMCA-Alive&Free Outreach Network(WPP) vendor estimate $111,000 Washington Dads(JJ 101 Service Provider) vendor estimate $40,835 Evaluation Consultant(JJ 101) vendor estimate $15,000 Research/Evaluation Consultant(DRAI Evaluation) vendor estimate $25,000 King County Total: $191,835 i CITY OF RENTON: Purpose Computation Cost Location and number of employees Domestic Violence Training Conference TBD $1,800 CelleBrite Training 2 a $1800.00 ea. $3,600 COBAN Car Cameras/DICVS 2 units @$5,500.00 ea. $11,000 Office suppplies for Domestic Violence program(pamphlets,brochures,educational materials,other items needed) $100 per month X 20 months $2,000 Relocation Hotel rooms and moving travel Varied based on victim expenses expenses needs $4,879 $250.00 month for 24 Visa Cards for vicrim expenses(food/gas/clothes/phone) months $6,000 Renton Total $29,279 I 24 Attachment C JAG Budget Worksheet, Page 3 of 3 CITY OF SEATAC; Item Computation Cost Overtime(Active Shooter Training) $100 per hour X 93 hours $9,300 AED-Automated External Defibrillators 3 x 972(including tax and shipping) $2,916 Miscellaneous training supplies $243 SeaTac Total; $12,459 CITY OF TUKWILA: Items Computation Cost Honor Guard Uniforms 4 uniforms at$1625/each $6,500 Refreshments for approximately 25 Refreshments for Citizen's Academy attendees attendees- $354 Presentation/training materials for Citizen's Academy $1,500 Citizens Academy Subject Matter Expert(s) I SME at$500/each $500 Firearms Trailer One Trailer at$8000/each $8,000 Tukwila Total; $16,854 25 POLICE DEPARTMENT Ken Thomas, Chief of Police KENT Phone: 253-856-5800 WAsH-7— Fax: 253-856-6802 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: May 13, 2014 TO: Public Safety Committee SUBJECT: WTSC — Target Zero, Distracted Driving Amendment -Recommend MOTION: Move to recommend Council authorize the Mayor to sign all documents amending the Memorandum of Understanding between the Washington Traffic Safety Commission and the Kent Police Department to increase funds for police overtime for the purpose of conducting distracted driving, high visibility enforcement in support of Target Zero priorities, with agreement terms and conditions acceptable to the Police Chief and City Attorney, and recommend Council ratify all acts consistent with the Memorandum of Understanding and this motion. SUMMARY: The Washington Traffic Safety Commission awarded the City of Kent an additional $2,500 to be applied toward the overtime costs incurred by the Kent Police Department when it conducted its distracted driving enforcement from April 10, 2014 through April 15, 2014. This additional funding will be deposited in the Kent Police Department's mini-grant account. Exhibit: Amendment #1 Budget Impact: Unanticipated Income S:\PUBLIC\POLICE\Public Safety Committee\2014\May 2014\WTSC Amendment To MOU Motion.Docx TZ A p roved DL] ate 3 l �A Initials Amendment #1 MAR I i 2014 To the Traffic Safety MEMORANDUM OF UNDERSTANDING y BETWEEN THE WASHINGTON TRAFFIC SAFETY COMMISSION AND THE KENT POLICE DEPARTMENT THIS AGREEMENT, pursuant to Chapter 39.34 RCW, amends the 2013/14 mobilization funding MOU entered into by and between the Kent Police Department and the Washington Traffic Safety Commission (WTSC). IT IS THE PURPOSE OF THIS AMENDMENT to make overtime funding available to Kent Police Department for the purpose of conducting distracted driving high visibility enforcement (HVE) patrols, in support of Target Zero priorities and in accordance with the updated scope of work outlined herein. TERM: October 1, 2013 September 30, 2014 ORIGINAL AMOUNTS Impaired Driving: $7,000 CFDA# 20.600 Seat Belts: $1,500 CFDA # 20.602 ADDITIONAL AMOUNT Distracted Driving: $2,500 CFDA# 20.600 These funds shall not be commingled and are only to be utilized for the specific emphasis area. 27 2. SCOPE OF WORK Distracted Driving: Agency will engage in multijurisdictional HVE patrols for all or part of the following: U Text. U Drive. U Pay-April 10-15, 2014 These patrols shall be deployed at locations where the data indicates that the most traffic safety benefit can be realized as determined by the loc I Traffic Safety Task Force. RAj Signature - WTSC Signature-(Kent Police Department) +((D? te) 4L�- ate APPROVED AS TO FORM ONLY BY THE OFFICE OF THE ATTORNEY GENERAL TZM App ore RECE Y,,� D� �. �,ernrt-Q� lnftW8 o��' 24 � r { Traffic Sat °Y MEMORANDUM O UNDERSTANDING WASHINGTON TRAFFIC SAFETY COMMISSION THIS AGREEMENT, pursuant to Chapter 39.34 RCW, is made and entered into by and between the KENT POLICE DEPARTMENT (Agency) and the Washington Traffic Safety Commission (WTSC). IT IS THE PURPOSE OF THIS AGREEMENT to provide overtime funding to law enforcement agencies to conduct multijurisdictional, high visibility enforcement (HVE), traffic safety emphasis patrols (as outlined in Addendum A), in support of Target Zero priorities. The Target Zero Manager and Law Enforcement Liaison assigned to your county shall coordinate the Scope of Work as outlined below: TERM: October 1, 2013 - September 30, 2014 AMOUNTS Impaired Driving: $6,500 CFDA# 20.600 Seat Belts: $1,500 CFDA # 20.602 These funds shall not be commingled and are only to be utilized for the specific emphasis area. SWV 0000552-00 (Agency) Statewide Vendor Number IT IS, THEREFORE, MUTUALLY AGREED THAT: 1. GOAL: To reduce traffic related deaths and serious injuries by engaging in impaired driving and occupant protection multijurisdictional HVE patrols. 2. SCOPE OF WORK: Impaired Driving: Agency will engage in multijurisdictional HVE patrols for all or part of the following: Holiday DUI Patrols; November 27, 2013 — January 1, 2014 Summer Kick-Off DUI Patrols; July 1, 2014 — July 13, 2014 Drive Sober or Get Pulled Over Labor Day DUI Crackdown; August 15, 2014 — September 1, 2014. Created:August 7,2013 Page 1 of 9 29 These DUI patrols shall be deployed at locations where the data indicates that the most traffic safety benefit can be realized as determined by the local Traffic Safety Task Force. Patrols shall not begin before 4:00 pm and will occur Friday-Sunday, with the exception of: Wednesday and Thursday, November 27 and 28, (Thanksgiving); Tuesday, December 31 and Wednesday, January 1 (New Year's Eve); Thursday, July 3 (4t" of July holiday), and; Monday, September 1 (Labor Day.) Seat Belts: Agency will engage in multijurisdictional HVE seat belt-focused patrols on some or all of the following dates: Click it or Ticket - May 19 — June 1, 2014 These patrols shall be deployed at locations where the data indicates that the most traffic safety benefit can be realized as determined by the local Traffic Safety Task Force. Wherever possible these patrols shall occur in areas with the lowest seat belt use rates. These patrols will not begin before 4:00 pm. Agency agrees to take a zero tolerance approach to seat belt and child car seat violations. Law enforcement officers will complete the Emphasis Patrol Activity Logs and forward to their Target Zero Manager within 48 hours of the completion of the seat belt patrols. 3. CONDITIONS: For each of the emphasis patrols listed above, Multi iurisdictional High Visibility Enforcement Protocols, as outlined in Addendum A of this document will be followed. These protocols are incorporated in their entirety to this document by reference. Exceptions to these protocols may only be provided by the WTSC Program Director. These are enforcement activities intended to apprehend impaired drivers, and unbuckled vehicle occupants. It is expected that Notices of Infraction/Citation (NOI/C's) will be issued at contact unless circumstances dictate otherwise. Standardized Field Sobriety Testing (SFST) Training Requirement Agency certifies that all officers participating in these patrols are SFST trained. To meet this requirement: • Officer must be BAC certified and have passed the SFST refresher training within the prior three years, or • Officer must have successfully completed Advanced Roadside Impaired Driving Enforcement (ARIDE), or • Officer must be a certified Drug Recognition Expert. Created:August 7,2013 Page 2 of 9 30 Media Contacts: All of these patrols are conducted as part of a highly publicized, statewide effort. As such, publicity campaigns about these patrols are planned to alert the public to the fact that extra patrols are targeting these violations. Therefore, Agency must provide the names of at least two agency officers who can be available for media requests and questions. *At least one of the individuals listed below must be available for weekend media contacts, beginning at noon on Fridays before mobilizations: Na e/Title Name/Title Office Phone & e-mail k�,. ��v Office Phone & e-mail Cell Phone Cell Phone @Available weekends per above?* 0 Available weekends per above?* 4. PAYMENT FOR LAW ENFORCEMENT: Agency will provide commissioned law enforcement with appropriate equipment (vehicle, radar, PBTs etc.) to participate in these emphasis patrols. WTSC will reimburse for overtime at 1.5 times officer's normal rate plus Agency's contributions to employee benefits including FICA, Medicare, Worker's Compensation and unemployment. 5. SHIFT LENGTH: Agency will not schedule individual officer shifts for longer than eight hours. (WTSC understands there may be instances when more than eight hours are billed because of DUI processing, etc.) 6. RESERVE OFFICERS: Agency certifies that any reserve officer for whom reimbursement is claimed has exceeded his/her normal monthly working hours when participating in this emphasis patrol and is authorized to be paid the amount requested. Agency understands that reserve officers are not eligible for overtime for this project. 7. DISPATCH: WTSC will reimburse communications officers/dispatch personnel for work on this project providing Agency has received prior approval from their local Target Zero Manager. Created:August 7,2013 Page 3 of 9 31 8. GRANT AMOUNT: WTSC will reimburse Agency for overtime salary and benefits. The total cost of overtime and benefits shall not be exceeded in any one campaign area and funds may not be commingled between campaign areas. Upon agreement by the Agency and the local Target Zero Manager, the DUI or Occupant Protection allocation may be increased or decreased without amending this agreement PROVIDED THAT the increase in the allocation does not exceed 50% of the original agreed amount for the specific emphasis area. Any increase in allocation exceeding 50% will require an amendment to this document. 9. PERFORMANCE STANDARDS: a. Participating law enforcement officers are required to make a minimum of 3 self-initiated contacts per hour of enforcement. b. Some violator contacts may result in related, time-consuming activity. This activity is reimbursable. c. Other activities, such as collision investigation or emergency response that are not initiated through emphasis patrol contact WILL NOT be reimbursed, 10. REIMBURSEMENT OF CLAIMS: Claims for reimbursement must include: a. Invoice Voucher (A19 Form 1) Agency identified as the "Claimant" 2) Statewide Vendor Number 3) A Federal Tax ID # 4) Original signature of the agency head, command officer or contracting officer, and 5) Other information denoted by arrows on the form. b. Payroll support documents (signed overtime slips, payroll documents, etc.). c. Emphasis Patrol Activity Logs showing 3 or more self-initiated contacts per hour. Emphasis Patrol Activity Logs cannot be modified. Payment cannot be made unless these activity logs are included. The Invoice Voucher (A19 Form), payroll supporting documents, and Emphasis Patrol Activity Logs shall be submitted to your Target Zero Manager for review and approval. The Target Zero Manager will forward these documents to WTSC for processing and payment. Created:August 7,2013 Page 4 of 9 32 11. DEADLINES FOR CLAIMS All claims must be approved by your Target Zero Manager, please allow adequate time for processing in order to meet the following deadlines: a. First Deadline: All claims for reimbursement for emphasis conducted from October 1, to June 30, must be received by WTSC no later than August 15, 2014. b. Second Deadline: All claims for reimbursement for emphasis conducted between July 1 and September 30 must be received by WTSC no later than November 15, 2014. Invoices submitted for reimbursement after the above dates, will not be paid. WTSC will NOT accept faxed invoices. 12. DISPUTES: Disputes arising under this Memorandum shall be resolved by a panel consisting of one representative of the WTSC, one representative from Agency, and a mutually agreed upon third party. The dispute panel shall decide the dispute by majority vote. 13. TERMINATION: Either party may terminate this agreement upon 30 days written notice to the other party. In the event of termination of this Agreement, the terminating party shall be liable for the performance rendered prior to the effective date of termination. 14. SUPPLANTING DISCLAIMER: I certify that none of the funds for this project supplant the normally budgeted funds of this agency nor do these funds pay for routine traffic enforcement normally provided by this agency. Created:August 7,2013 Page 5 of 9 33 IN W NES HEREOF, THE PARTIES HAVE EXECUTED THIS AGREEMENT. Ager:cy Signature WT C i nature . L_N�_.�- &' Printed Name Printed Nam 1 g l (bat ) (Date) Agency Address (where fully executed copy of this document will be mailed): Street City, State Zip Attn: Please return this signed MOU (No later than October 18, 2013) to your Target Zero Manager: Sara Wood Kent Police Department 220 4t" Ave. S. Kent, WA 98032 Target Zero Manager will forward this signed document to: Angie Ward, WTSC 621 — 8t" Avenue SW, Suite 409 PO Box 40944 Olympia, WA 98504-0944 360.725.9888 No later than October 31 , 2013 Created:August 7,2013 Page 6 of 9 34 Addendum A Multiiurisdictional High-Visibility Enforcement Protocols Purpose This protocol is intended to guide Target Zero Managers, Law Enforcement Liaisons, and law enforcement agencies in coordinating multijurisdictional high visibility enforcement (HVE) mobilizations to address impaired driving and seat belt use. These mobilizations are funded by federal highway safety grants. Goal The goal of multijurisdictional high-visibility campaigns is to reduce fatal and serious injury collisions through the coordination of: • Publicity addressing increased enforcement, and • Increased contacts and arrests of violators. Method Funding from the Washington Traffic Safety Commission (WTSC) will support multijurisdictional HVE patrol activities to increase the number of officers working on impaired driving, and occupant protection enforcement. Public education and media will be coordinated by the Target Zero Manager and Law Enforcement Liaison. The law enforcement activity will support the media effort by demonstrating to the public that the media messages are true; i.e., that "extra enforcement patrols (with a particular focus) are going on now" so that the public takes the media messages seriously. The media work will support the police effort by encouraging voluntary compliance with the law. The objective of multijurisdictional HVE patrol activities is to change driver behavior by raising the awareness of increased enforcement. Definitions: • HVE is enforcement of the law in conjunction with publicity that draws the attention of the public to the enforcement activity. Created:August 7,2013 Page 7 of 9 35 • Multijurisdictional enforcement is defined as a minimum of three law enforcement agencies (LEA's) or patrol units participating at a designated date and time, enforcing a specific activity, in a location determined by the local Target Zero Task Force. Responsibilities WTSC: • Provide Funding. • Provide state/local traffic fatality and serious injury data • Coordinate paid media at the state level. • Lead news media efforts (if not lead by local TZM) for: o Holiday DUI o Click It or Ticket o Drive Hammered Get Nailed. • Summarize enforcement activity. • Report results to the National Highway Traffic Safety Administration. Target Zero Manager and Law Enforcement Liaison: • Lead the development of Multijurisdictional High Visibility Enforcement Mobilization Plans. • Coordinate mobilization briefings. • Lead news media efforts for: o Summer DUI • Lead news media efforts (optional) for all other mobilizations. • Review and approve all MOUs, invoices, and other documentation before submission to WTSC. This includes follow-up on incomplete invoicing paperwork and Emphasis Patrol Activity Logs with unexplained low contacts. Law Enforcement Agencies: • Send a representative to local task force meetings to plan mobilization locations and exact dates. Created:August 7,2013 Page 8 of 9 36 • Ensure availability of agency media contact, noted on page 3 of this agreement, prior to and during all mobilization dates. • Provide commissioned police officer(s) (active or paid reserve) with appropriate equipment (vehicle, radar, etc.) to participate in multijurisdictional HVE patrols. • Ensure that officers assigned to the multijurisdictional HVE campaigns are qualified to enforce the impaired driving laws as outlined on page 2, section 3 of this agreement. • Require all officers participating in multijurisdictional HVE patrols to attend mobilization briefings. • Ensure officers working the overtime conduct a minimum of three 3 self-initiated contacts per hour. This is an enforcement activity that is intended to apprehend violators. It is expected that a Notice of Infraction/Citation (NOI/C) will be issued at contact unless circumstances dictate otherwise. It is understood that violator contacts may result in related, time-consuming activity. Such activity will be considered for reimbursement. Activity other than that initiated through HVE patrol contact (investigating collisions, emergency responses, etc.) will be the responsibility of the contracting agency and may not be considered for reimbursement. • Require officers to complete and submit multijurisdictional HVE patrol productivity on WTSC Emphasis Patrol Activity Log. A enc Signature Date Created:August 7,2013 Page 9 of 9 37 POLICE DEPARTMENT Ken Thomas, Chief of Police KENT Phone: 253-856-5800 WAsH-7— Fax: 253-856-6802 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: May 13, 2014 TO: Public Safety Committee SUBJECT: WTSC — Amendment #1 to Interagency Agreement for Target Zero Manager -Recommend MOTION: Move to recommend Council authorize the Mayor to sign all documents amending the Interagency Agreement between the Washington Traffic Safety Commission and the Kent Police Department to extend the dates of the South King County Target Zero Traffic Safety Task Force Project from July 1, 2014 to June 30, 2015, and to increase funds to $122,000, with final agreement terms and conditions acceptable to the Police Chief and City Attorney. SUMMARY: The Police Department entered into an Interagency Agreement with the Washington Traffic Safety Commission for an initial term from July 1, 2013 through June 30, 2014 to fund the cost of the City providing personnel to serve as the South King County Target Zero Manager. The Target Zero Manager for South King County coordinates law enforcement patrols for DUI and seatbelt mobilization patrols for 14 police departments. The Target Zero Manager also allocates funding, processes MOUs of each agency, tracks enforcement activity, and is responsible for media and community outreach related to Target Zero patrols and enforcement. The funding in the initial Agreement was for $61,000 for this one-year period. However, the Agreement is now being amended to extend the term for an additional year with an additional $61,000 in funds. Exhibit: Amendment #1 Budget Impact: Unanticipated income and expense S:\PUBLIC\POLICE\Public Safety Committee\2014\May 2014\WTSC Amendment To Interagency Target Zero Motion.Docx 38 Amendment #1 To the SOUTH KING COUNTY Target Zero Traffic Safety Task Force Project Agreement (attached) BETWEEN WASHINGTON TRAFFIC SAFETY COMMISSION AND KENT POLICE DEPARTMENT THIS AGREEMENT, pursuant to Chapter 39.34 RCW, amends the Project Agreement signed by KENT POLICE DEPARTMENT on May 10, 2013 and entered into by and between the KENT, POLICE DEPARTMENT and the Washington Traffic Safety Commission (WTSC) on July 1, 2014. IT IS THE PURPOSE OF THIS AMENDMENT to extend the dates of the SOUTH KING COUNTY Target Zero Traffic Safety Task Force Project Agreement from July 1, 2014 to June 30, 2015. IT IS THE PURPOSE OF THIS AMENDMENT to increase the amount of this contract to $122,000.00 for Target Zero Manager services, in support of Target Zero priorities and in accordance with the scope of work outlined in the Project Agreement. CFDA# 20.600 Signature - WTSC Signature—KENT POLICE DEPARTMENT (Date) (Date) _ 39 INTERAGENCY AGREEMENT BETWEEN KENT POLICE DEPARTMENT D \86ASH|NGTOy0 TRAFFIC SAFETY C0'8QK8iSSIOYV THIS AGREEMENT ie made and entered into by and between the hereinafter referred to as "HOST AGENCY," and the Washington Traffic Safety Commission. hereinafter referred tooa ^VVT8C." THE PURPOSE OF THIS AGREEMENT iotopm �de funding for the HOST AGENCY[o provide personnel to serve aethe S. KINC County Target Zero Manager(hereinafter referred tV aoTZK8.\ The TZM shall perform the deliverables described in the Statement of Work, attached as Exhibit"A." THEREFORE, IT ISMUTUALLY AGREED THAT: STATEMENT OF WORK The HOST AGENCY shall furnish the necessary personnel for the performance of TZM duties ao 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 3O. 2O14 unless terminated sooner, oo provided herein. COMPENSATION Compensation for the work provided in accordance with this Agreement has been established under the terms ofRCVV39.34. The cost of accomplishing the work described in the Statement of Work will not exceed $E1,000.00 for salary, benefits, and indirect costs, if applicable. |fHOST AGENCY intends to charge indirect costs, submission of cost allocation plan or Federal cognizant agency letter iarequired. |tio the intent of this agreement that the Statement ofWork be performed consistently throughout the entire period of performance. HOST AGENCY may provide additional funds for costs associated with TZN1position. 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 orservices performed onor prior to June 30. must bereceived by WTSCoo later than August 16. All invoices for goods or services performed on or prior to September 30, must be received by WTSC no later than November 16. ACTIVITY REPORTS HOST AGENCY agrees to ensure submittal of quarterly progress reports electronically on the form entitled "Target Zero Manager Quarterly Reporf' incorporated by reference as Exhibit B. Page 1of13 40 Quarterly reports are tobe 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 ThexvorktobaproxidedundgrthioAgnaernent. andenydairnorieinQthenauhder' ienot 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 iD Exhibit A. All third-party awards must allow for the greatest practical competition in accordance with |nna| 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 oen/ioe/a\ described herein. These records shall ba 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 diet|oee or make available this material to any third parties without first giving notice to the furnishing party and giving it areasonable 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 bo |inn�edto, reports, documents, pamphlets,adve�ioennento. bouka. nnaOazinea. aurveye. 'studiee. 00mnputerprogname. 5|nne' tapne. ond/or sound reproductions. Ownership includes the right to copyright, patent, register, and the ability to transfer these rights. The HOST AGENCY may publish, ot its own expense, the results of project ectivitieevvithout prior review bv the\8[T8C. provided that any publications hmritt8D' visual, O[sound) contain acknowledgment of the support provided by the National Highway Traffic Safety Administration (NHT8A) and the\8/T8C. Any discovery or invention derived from work performed under this project shall be referred to tho\8/[GC. who will determine through y4HT8Avvhether 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 tobe employees or agents of the other party. Page 2of12 41 AGREEMENT ALTERATIONS AND AMENDMENTS This Agreement may beamended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed bvperoonneauthorizedtobindeochofthe parties. TERMINATION Either party may terminate this Agreement upon thirty(3O) days prior vv[�tannotUoot�ntothe other party. |f this Agreement ieeo terminated, the po�ieeohaUbe |iabi� only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date nftermination. TERMINATION FOR CAUSE If, for any cause, either party does not fulfill ino timely and proper manner its obligations under this Agreement, orif 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 t0 correct the violation 0[failure within fifteen (15)Vxo[kiDg days. |ff3i|U[e 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-1 10 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 purpooeaoruaedtnneduceproject 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 of18O4, which prohibits discrimination on the basis ofrace, color O[national origin; /b\ Title |}C of the Education Amendments of1S72' as amended, which prohibits discrimination on the basis ofeex' ' (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 of1S75. 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; Ul the Drug Abuse Office and Treatment Act of1972' aa amended, relating to nondiscrimination on the basis of drug abuse; Page 3of12 ' 42 kd 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 a|cnho|ioDl' (h) Sections 523 and, relating to confidentiality of alcohol and drug abuse patient records; (0 Title Vill of the Civil Rights Act of 1968, as amended, relating to nondiscrimination in the ao|e' rental or financing of housing; U\ any other nondiscrimination provisions iOthe specific Gt8tUte(s) under which application for Federal assistance in being made; and /k\ the requirements of any Other OVndiocriD}iO81iVD statute(s) which may apply to the application. BUY AMERICA ACT The HOST AGENCY will comply with the provisionsof the Buy America Act(4SU.8.C. . which contains the following requirements: Only steel, iron and manufactured products produced inthe 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 satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contmootbymoorathon25peroent. C|eor'uotificationforthepurchaoe of non-domestic items must be in the form of a waiver request submitted to and approved by the Secretary ofTransportation. POLITICAL ACTIVITY(HATCH ACT) The HOST AGENCY will comply with provisions of the Hatch Act(5 U.G.C. 1501-1500vhioh limits the political activities of employees whose principal employment activities are funded in whole orin 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, oronemployee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agneennen[. theundereignedoha|| nornp|eteandeubmnit8tendardFornn- LLL. "Dion|noupeFornn tn 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 4of12 43 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 $1O.00O and not more than $100.O0O 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 octivitieo, with one exception. This does not preclude a State official whose om|mry is supported with NHT8A funds from engaging in direct communications with State or local legislative officio|o, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption ofa specific pending legislative proposal. DEBARMENT AND SUSPENSION Instructions for Lower Tier Certification 1. By signing and submitting this pnoposa|, 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 pnonpective |oxvar 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 ie 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 `ropooa| that itwill . include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion— Lovver'TierCovenad Tusnaoction,"without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. (See below) Page Snf12 ` 44 7. A participant ina covered transaction may rely upon a certification ofa 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. B. Nothing contained in the foregoing shall be construed to require establishment of eya|ern 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. 8. 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 tnGOSaC[iOO' in addition to other [8OOSdiee 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-- |. OO percent or more of its annual gross revenues in Federal awards; ||. $25.00O.DOOor 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 |n the event that e dispute arises under this Agreement, it shall be determined bveOispute Board in the following manner: Each party to this Agreement shall appoint one member tothe 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 nf the Dispute Board shall be final and binding onfho parties hereto. Aean 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 8nf13 ' 45 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 provisionsofthin/\oreementehaUbe construed to conform bo 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: o. Applicable state and federal statutes and rules; b. Terms and Conditions of this agreement; o. 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 bxreference. 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 tobeseverable. DRUG-FREE WORKPLACE |n accordance with the Drug-Free Workplace Act of1088 (41USC81O3 and 42U8C12G44). the HOST AGENCY ehmU publish o statement notifying employees that the unlawful rnenufa'ctuna. diotribubon. dispensing, possession or use ofa controlled.substance ioprohib�ed in the xvnrhp|auaand 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 no[UDumUon 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 VVTG{}within ten days after such notification bvanemployee. Within 3O days, the HOST AGENCY will take appropriate personnel action against such employee, up to and including torrnination, 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 orto bind any of the parties hereto. DESIGNATED CONTACT The following named individuals will serve ae designated contacteforeoohofthepertkee. foraU communications and billings regarding the performance of this Agreement: Page 7of12 46 The Contact for HOST AGENCY is: The Contact for WTSC is: Sgt. Robert Constant Edica Esqueda Traffic Unit Program Manager 253-856-5882 (360) 725-9886 ronstant@kentwa.gov eesaueda(@7wtsc.wa.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 47 ���'�� 8 �^�/ Uw.� ^� STATEMENT OF WORK )p General. HOST AGENCY shall provide personnel hzserve as the County Target Zero Manager(TZM) providing services consistently for the entire period of performance. > Consideration. VVT8C shall reimburse HOST AGENCY for TZK8 salary, benefits and indirect costs, not toexceed not toexceed per month. > Agency Obligations. • HOST AGENCY will provide: 1' Supervision ofTZyW 2. Oa|imanabiea as listed ba|oxv • WTSC will provide: 1. Training and development opportunities including pre-approved travel costs. 2. Mini-grants for program support 3' Quarterly county fatality data > TZQ0Objectives and Deliverables. The work of the Target Zero Manager shall fulfill the following objectives and deliverables. o Objective I - 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 oe agreed upon byparties. 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 Daxe|op, coordinete, and actively participate in relevant conferences and training events. o Develop traffic safety project propooa|ouUUzingpnovenetnytegiaoorinnoxetiwe proofs ofconcept. Page 8of12 ` . 48 Objective 2- Develop, implement and monitor specific programs ea directed bvthe ^ Washington Traffic Safety Commission or address local traffic safety problems. Deliverables o Coordinate national high visibility enf0[CenleO[O1obi|izGtons, o Manage the implementation oftheTonzetZaroTeennaprokeot(ifepp|icab|e.) o Lead nevve & paid media outreach efforts. o Coordinate Traffic Safety Corridor Projects (if applicable.) o Plan, implement, and monitor |oca|tnaffic safety projects ouchoaBor8afn o Coordinate the Victim Impact P8O8| (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 000ndinationanneededbytheVVT8{}. 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 projectreports (per format shown in Exhibit E) 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 criterio, and assuring compliance with state and federal requirements. Objective 4- Dev elop, implement, and monitor performance metrics and quality control processes ho determine program effectiveness. Deliverables o Monitor local crashes and adjudication oftnyffio+re|atgdoffenses. Review trends and high profile cases with task force. o Analyze traffic safety data and research to identify problems and trends. ' Page 1Oof12 49 Exhibit B W A S H I N G T 0 N Traffic Safety Target Zero Manager Quarterly Report COMMISSION Quarterly reports proVide WTSC with information that can'be used fio strengthon,the stat6s. overall traffic safety program These reports should detail the project sfiatus, discuss progress toward estaglished;objectives and deliverables, and explain anyproblems or challenges encountered The;report may also suggesf 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 thQuarter 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 50 Target Zero Manager Signature: Project Director Signature: Page 12 of 12 51 POLICE DEPARTMENT Ken Thomas, Chief of Police KENT Phone: 253-856-5800 WAsH-7— Fax: 253-856-6802 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: May 13, 2014 TO: Public Safety Committee SUBJECT: Justice Assistant Grant Application Funding VNET Office Manager- Recommend MOTION: Move to recommend Council authorize the Mayor to accept the Justice Assistance Grant to fund the Valley Narcotics Enforcement Team office manager, in an amount of at least $91,842., authorize the Mayor to sign all documents, amend the budget, and authorize expenditure of the funds in accordance with the grant terms and conditions acceptable to the Police Chief and City Attorney. SUMMARY: The Valley Narcotics Enforcement Team (VNET) applied for and received a Justice Assistance Grant to fund the Valley Narcotics Enforcement Team (VNET) office manager position. Those grant funds include the cost of the office manager's salary and benefits. The City of Auburn is the fiscal agent for VNET and the City of Kent is a sub- recipient of the grant. The VNET office manager, Joanne Moen, is a City of Kent employee and 100% of her salary and benefits are paid for by the grant funds, on a reimbursement basis. Since the City of Kent is a sub-recipient of JAG funds, it is required to complete the sub- recipient application materials in order to confirm compliance with the grant's terms and conditions. Exhibit: Sub-Recipient Compliance Verification Materials Budget Impact: Unanticipated Income/Expense S:\PUBLIC\POLICE\Public Safety Committee\2014\May 2014\JAG Grant Application Funding VNET Motion.Docx 52 SFY 2015 Task Force Application Package Summary Funding-Constant at the program level - With carryover, reduced admin and state funds - Announced funding is Tentabyg — Will all task forces meet the model or will there be a penalty to redistribute? — Will other states reject PREA and cause their penalty to be redistributed? — If increased/decreased, individual contract budgets will be proportionately increased/decreased using Form 1 as a base — Final numbers probably won't be available until after July V.so we will contract with what is known and do a round of amendments later on if the additional funds equate to more than a$1,000 or so per task force (if not the funds will be held and added to next year's pot) New Forms — Center for Task Force Leadership and Integrity Consolidates the two-year update into one form Continuing using the PAR to acknowledge training/compliance of new individuals Commercial Insurance, Risk Pool.Self Insurance The contract continues to provide the option to your home agencies, but we didn't know which your city/county used—this form fills the gap with the least paperwork — Sub-Recipient Verification This was the most frequent admin issue during the last year Hopefully this will drive the point home: no completed package-no authority to pay There is also an expanded Sub-Recipient Verification Package and another handout — Pass Through Waiver Purely voluntary—Max of$2,000 per task force (only those with WSP officers) — Is your WSP officer worth that much to you? Helps balance the distribution at the state level Completion/Non-completion will not change individual task force allocations this year, at most that much per non-waiving task force will not be awarded to WSP, but instead will,be carried forward to next year MSWord Copies Electronic copies will be sent out to facilitate completion the first full week of May Submission — Return completed application packages not later than 5 p.m. on May 30, 2014 - Either signed hardcopy or emailed copies of the signed/scanned package Increased rnp sis SUB-P.ECIPIENT COWLIANCE VERNICATION QUIUREMENTS Remember that all federal funds comes with strings,to be crud think about them as a dog's barbed training collar,behave and they're;nothing,don't and they will bring up you short,painfully. Basics: ® Sub-Recipient Compliance Verification applies to all task force participants who receive reimbursement with grant funds(doesn't matter whether it is a dime or 100%). • Eligibility to receive federal funds is dependent upon verification of all the requirements. The entire list has to be complete and current to be eligible, lapse and eligibility lapses;payment while ineligible equals disbursement/receipt without legal authorization and will be recouped by the contracting agency,or by us from the contracting agency. Renewal of eligibility renews eligibility(even for the lapsed period,but don't push it too far). ® Verifying compliance is the equivalent of exercising due diligence; keeps you out of a world of hurt,the opposite is also true. The requirement may be satisfied at three levels: Simple Certification(get each sub-recipient to complete and sign the form,and keep it on file): ® Statement of Assurances Form ® + Certificate Regarding Lobbying,Debarment/Suspension,Drug-Free Workplace ® National Environmental Policy Act(NEPA)Form i Acknowledgement of Federal Funds Form ® Acknowledgement of Allowable and UnAllowable Costs Form ® Civil Rights Training Form Civil Rights Requirements Form '. ® Office of Civil Rights Compliance Checklist ® Equal Employment Opportunity Plan(EEOP)Certification Form Internet lookup and report printout,plus completion of a form: CCR Registration of Sub-Recipient DUNS Number and Debarment Certificate regarding Debarment, Suspension,Ineligibility(lower Tier)Form Internet audit lookup,audit analysis,plus collection of forms and voucher supporting data: s Sound Financial Management Time and Attendance Records The forms required.are all in the Sub-Recipient compliance Verification package,as well as detailed instructions/illustrations on the requirements that need internet lookup/printouts. Comments[Reco n endations. ® The single biggest problem is in getting sub-recipients to complete and turn-in the verification package forms. The second is the lapse of those forms during the award cycle. * Track expiration dates on a`calendar and remind the sub-recipient when it is close. i Establish a policy that certifications without a specific lapse date are valid until the neat sub- recipient verification package is due. ® Use the most recent'Sub-Recipient Verification Package,the updates keep you out of trouble! Monitoring review has changed. It is no longer"do you have them",it is now"let me see them', 103 TIME AND ATTENDANCE REcoRDS This Applies BASE REQUIREMENTS Why is it important? In about a third of the task forces,individual disbursements made from grant funds to reimburse assigned prosecutors is based upon a simple statement from the prosecutor's office `reimburse my office this much'. In itself this is acceptable in a general sense,provided the disbursing agency has some sort of confirmation that the charges are backed up by acceptable `time and attendance records'. Disbursement of funds to any agency without at least a`systems check' (e.g. annual sample.of the form to be used)is an unsupported expenditure and subject to repayment and ultimately the primary source of audit findings. All jurisdictions receiving grant funds from task force's fiscal agent' are required to submit`sub-recipient verification packages'to the fiscal agent prior to receiving reimbursement; it is recommended that for this purpose any grant supported(to any extent)Prosecutor's Office be treated as an independent sub-recipient even when part of the same jurisdiction as the fiscal agent,at least to the extent that a representative `time and attendance record' be submitted each year and this supporting document be maintained along with other `Sub-Recipient Verification' packets. What is a 'Time and Attendance Record'? It can be almost anything from a calendar sheet reflecting workload to full blown timesheets. If you are in an doubt about the adequacy of any grant supported individual's time and attendance record, ask! Base Requirement): An individual's record of actual time worked,showing by the various funds charged by hours and possible the work(case numbers)performed. Base Requirement2: Time and Attendance Records must coincide with payroll periods. For example four fully completed weekly reports and part of another may be used to support a monthly payroll period, or a single sheet may do so. The keys are clear identification of the period each form represents, and starting a new form to coincide with the beginning of the next payroll period. Base Requirement3: Every individual supported(to any extent!)with grant funds(generically with any other party's funds)must maintain a time and attendance record. This obligation supersedes employee classification and `independence'. Note': Base Requirement) specifies `actual time worked',not just a reflection of the percentage of the funds available for use in reimbursing the individual. Precision is not the key to stating the actual time worked,an honest attempt at accuracy is. Note2: The level of detail(time increments)need not be precisely measured,time increment by time increment, but should be defined by agency policy and accurately reflect the activity supported. Note 3: Hours to be charged against the grant need not be distributed evenly across the pay period, for example they may be `front loaded' to utilize the total hours supportable by grant funds before those hours supported by other funding are used(usable to the extent the frontloaded time supports the grant). Note 4:Activities such as training and organizational meetings,which are not directly attributable to any one fund,may be charged to any available fund which is generally relevant to the activities of the supported individual. Notes: Time sheets should include a certification or attestation of accuracy. There is no prescribed format for this statement—see your jurisdiction's general time sheets for a general format. Note 6: Time reflected as a charge against the grant,which exceeds the hours supportable by available grant funds,may in the payroll be charged against local funds-if such a provision is made in local fiscal policy/procedure(hint,don't cause excessive adjustments when a simple business practice can cover it). Note 7: Time and Attendance Records need not be a timesheet in the traditional sense. For example though an `exempt' employee(management/prosecutors/exceptionally skilled individuals)may be reimbursed by formula,if that formula is tested each payroll period to ensure that the time charged against the grant is supported by the time and attendance record. When this is the case the time and attendance records must still be retained by the individual's agency and at least representative copies provided to the individual responsible for ensuring compliance with the grants rules. Significant Chan5gs See * on Index e --D artm-ent of Colmmerte innovation is in our nature:K Justice Assistance Grant Sub-Recipient Compliance Verification April 2014 Brian Bonlender Director 56 1 Note: Receipt of a completed Sub-Recipient Verification Package is required before reimbursement of any of that sub-recipient's expenses i 57 JUSTICE ASSISTANCE GRANT I+'I+Y 2014 SUB-RECIPIENT COMPLIANCE VERIFICATION REQUIREMENTS CERTIFICATION PAGE DONE Statement of Assurances Form.............................................................................................l ❑ Certification Regarding Debarment, Suspension,Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions(Sub-Recipient)Form..................................................3 ❑ Certification Regarding Lobbying,Debarment, Suspension and Other Responsibility Matters; and Drug-Free Workplace Requirements Form................5 ❑ National Environmental Policy Act(NEPA)Form............................................................7 ❑ Acknowledgement of Federal.Funds Form........................................................::...............9 ❑ Acknowledgement of Allowable and Unallowable Costs Form.........................................11 ❑ Civil Rights Training Form.......................... Civil Rights Requirements Form........................................................................................15 ❑ Office of Civil Rights Compliance Checklist....................................... ❑ Equal Employment Opportunity Plan(EEOP) Certification Form....................................21 Time and Attendance Record Samples...............................................................................23* ❑ CCR Registration of Sub-Recipient DUNS Number&Debarment..................................25 ❑ Sound Financial Management.............................................................................................29* ❑ The grant recipient—the agency signing the grant agreement with the Department of Commerce (COMMERCE)—is responsible for ensuring that each sub-recipient receiving any funding under grant award also complies with the federal preconditions for receipt of federal funds. The simplest way is for the agency receiving the award from COMMERCE to comply is to have each of its sub-recipients complete the following forms,run(and printout)the compliance checks outline on Pages 21 through 36, and retain all the documents in a file organized by sub-recipient. This documentation is subject to monitoring and inspection,but should not be forwarded to the COMMERCE unless specifically requested. Note under`Time and Attendance Record Samples' provides specific information to safeguard the identity of individuals working in narcotics/gang task forces and investigations. *Significant change from prior year's Sub-Recipient Compliance Verification packet are highlighted in yellow ii 58 STATE OF WASLUNGTON JUSTICE ASSISTANCE GRANT -DEPARTMENT OF COMAIERCE STATEMENT OF ASSURANCES The applicant: 1. Has sufficient fiscal and management controls to implement and maintain the program in accordance with this application and program requirements. The Applicant has sufficient monetary resources to implement and maintain program operations in accordance with this application. 2. Will not use any grant funds to supplant local funds,but will use such grant funds to increase the amounts of funds that would, in the absence of federal funds,be made available for program activities. 3. Will provide full cooperation of administrative and program staff, and will provide availability of all records upon request and convenience of staff from the Department of Commerce; Office of the State Auditor;or U.S.Department of Justice,who are charged with monitoring program compliance and the use of funds provided. 4. Will comply with the requirements of the Justice Assistance Grant Program as published by the Department of Commerce and relevant federal agencies,-and as embodied in statute. 5. Will comply with Title V of the Anti-Drug Abuse Act of 1988 and regulations promulgated by the federal government to maintain'a drug-free workplace. 6. Will comply with Title II of the Americans with Disabilities Act of 1990. 7. Will not undertake any prohibited political activities with these funds including,but not limited to, voter registration;partisan political activity; lobbying congress,the Legislature, or any federal or state agency for project of jurisdictionally specific activity; or campaign for any ballot measure. 8. Will comply with the provisions of Title 28, Code of Federal Regulations;Part 61,Procedures for Implementing the National Environmental Policy Act; and Part 63,Floodplain Management and Wetland Protection Procedures. 9. Guarantees that in performing any contract,purchase, or other agreement,the organization shall not discriminate against any employee or applicant for employment because of race, color,religion, age, sex,marital status,national origin,political affiliation, or the presence of any sensory,mental,or physical disability. The organization agrees to take affirmative action to ensure that applicants are employed and that employees are treated during the employment without discrimination because of their race,color,religion, age,sex,political affiliation,handicap or national origin. Such action shall include,but not be limited to, employment upgrading,demotion or transfer,recruitment and recruitment advertising,layoff or termination,rates of pay or other forms of compensation, and training. This guarantee shall implement federal, state, and any local equal opportunity and non- discrimination statutes. The applicant fiu-ther will,without delay,bring any finding of an equal opportunity or non-discrimination violation to the attention of the Department of Commerce. PLEASE NOTE: THE DEPARTMENT'S ACCEPTANCE OF THIS APPLICATION FOR FUNDING IS SUBJECT TO SUBSEQUENT COMPLIANCE REVIEWS THAT MAY REQUIRE CORRECTIVE ACTION BY THE APPLICANT. AUTHORIZED SIGNATURE BY THE APPLICANT GUARANTEES ASSURANCES THAT ARE CONTAINED ON THE APPLICATION FACE SHEET. Authorizes)Signature for.the Applicant: VALID THROUGH SIGNATURE DATE PRINTED NAME OF SIGNATURE TITLE 1 59 STATE OF WASHINGTON JUSTICE ASSISTANCE GRANT DEPARTMENT OF CO RCE U.S.DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS OFFICE OF THE COMPTROLLER CERTIFICATION REGARDING DEBARMENT,SUSPENSION,INELIGIBILITY AND VOLUNTARY EXCLUSION LOWER TIER COVERED TRANSACTIONS (SUB-RECIPIENT This certification is required by the regulations implementing Executive Order 12549,Debarment and Suspension, 28 CFR Part 67, Section 67.510,Participants'responsibilities.. The regulations were published as Part VLl of the May 26, 1988 Federal Register(pages 19160-19211). (BEFORE COMPLETING CERTIFICATION,READ NSTRUCTIONS ON REVERSE) . t (1) The prospective lower tier participant certifies by submission of this proposal that neither it nor its principals are 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. Name and Title of Authorized Representative Signature Date Valid Through Name of Organization Address of Organization OJP Form 4061/1(Rev.2/89)Previous editions are obsolete. 3 60 INSTRUCTIONS FOR 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. i 3. The prospective lower-tier participant shall provide immediate written notice to the person to whom 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 Defmitions and Coverage sections of rules implementing Executive Order 12549. 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 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 Transactions,"without modification,in all lower-tier covered transactions and in all solicitations for lower-tier covered transactions. 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 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 check the Nonprocurement List. . 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 suspended, debarred,ineligible, or voluntary 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 OJP Form 4061/1(Rev,.2/89)Previous editions are obsolete. 4 i STATE OF WASHINGTON JUSTICE ASSISTANCE 61 DEPARTMIENT OF COMTVIERCE U.S.DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS OFFICE OF THE COMPTROLLER CERTIFICATION REGARDING LOBBYING,DEBARMENT,SUSPENSION AND OTHER RESPONSIBILITY MATTERS;AND DRUG-FREE WORKPLACE REQurRmE TS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69,"New Restrictions on Lobbying"and 28 CFR Part 67, "Government-wide Debarment and Suspension(Nonprocurement)and dovernment-wide Requirements for Drug-Free Workplace (Grants)." The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered transaction,grant,or cooperative agreement. 1. Lobbying As required by Section 1352,Title 31 of the U.S.Code,and (b) Have not within a three-year period preceding this implemented at 28 CFR Part 69,for persons entering into a application been convicted of or had a civil judgment grant or cooperative agreement over$100,000,as defined at rendered against them for commission of fraud or a 28 CFR Part 69,the applicant certifies that: criminal offense in connection with obtaining, A. No Federal appropriated fun attempting to obtain or funds have been paid or will be performing a public(Federal, State,or local)transaction or contract under a public paid,by or on behalf of the undersigned,to any person for transaction,violation of Federal or State antitrust influencing or attempting to influence an officer or employee statutes or commission of embezzlement,theft,forgery, of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in bribery,falsification or destruction of records,making connection with the making of any Federal grant,the entering false statements,or receiving stolen property; into of any cooperative agreement,and the extension, (c) Are not presently indicted for or otherwise criminally or continuation,renewal,amendment,or modification of any civilly charged by a governmental entity(Federal, State, Federal grant or cooperative agreement; or local)with commission of any of the offenses B. If any funds other than Federal appropriated funds have been enumerated in paragraph(1)(B)of this certification;and paid or will be paid to any person for influencing or (d) Have not within a three-year period preceding this attempting to influence an officer or employee of any agency, application had one or more public transactions(Federal, a Member of Congress,an officer or employee of Congress, State,or local)terminated for cause or default; and or an employee of a Member of Congress in connection with B. Where the applicant is unable to certify to any of the this Federal grant or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL,"Disclosure statements in this certification,he or she shall attach an of Lobbying Activities,"in accordance with its instructions; explanation to this application C. The undersigned shall require that the language of this 3 Drug-Free Workplace(Grantees Other Than Individuals certification be included in the award documents for all subawards at all tiers(including subgrants,contracts under As required by the Drug-Free Workplace Act of 1988,and grants and cooperative agreements,and subcontracts)and implemented at 28 CFR Part 67,Subpart F,for grantees, as that all subrecipients shall certify and disclose accordingly. defined at 28 CFR Part 67,,Sections 67.615 and 67.620— 2.. Debarment,Suspension,and Other Responsibility A. The applicant certifies that it will or will continue to provide Matters(Direct Recipient) a drug-free workplace by: As required by Executive Order 12549,Debarment and (a) Publishing a statement notifying employees that the Suspension,and implemented at 28 CFR Part 67,for prospective unlawful manufacture,distribution,dispensing, participants in primary covered transactions as defined at 28 CFR possession,or use of a controlled substance is prohibited Part 67, Section 67.510— in the grantee's workplace and specifying the actions that will be taken against employees for violation of such A. The applicant certifies that it and its principals: prohibition; (a) Are not presently debarred,suspended,proposed for (b) Establishing an on-going drug-free awareness program debarment,declared ineligible,sentenced to a denial of to inform employees about— Federal benefits by a State or Federal court,or (1) The dangers of drug abuse in the workplace; voluntarily excluded from covered transactions by any Federal department or agency; OJP Form 406116(Rev.3/91) Replaces ON Forms 5 4061/2,4061/3 and 4061/4 which are obsolete. (2) The grantee's policy of maintaining a drug-free local health,law enforcement,or other appropria e workplace. agency; (3) Any available drug counseling,rehabilitation,and (g) Making a good faith effort to continue to maintain a employee(WASEONGTON);and drug-free,workplace through implementation of paragraphs(a),(b), (c),(d),(e),and(f). (4) The penalties that may be imposed upon employees B. The grantee may insert in the space provided below the for drug abuse violations occurring in the site(s)for the performance of work done in connection with workplace; the specific grant: _ (c) Making it a requirement that each employee to be Place of performance(street address;city,county, state,zip engaged in the performance of the grant be given a copy of the statement required by paragraph(a); code): (d) Notifying the employee in the statement required by paragraph(a)that,as a condition of employment under the grant,the employee will— (1) Abide by the terms of the statement; and Check 0 if there are workplaces on file that are not identified (2) Notify the employer in writing of his or her here. conviction for a violation of a criminal drag statute Section 67,630 of the regulations provides that a grantee that is a occurring in the workplace no later than five State may elect to make one certification in each Federal fiscal calendar days after such conviction; year. A copy of which should be included with each application (e) Notifying the agency,in writing,within ten calendar for Department of Justice funding. States and State agencies may elect to use OJP Form 4061/7. days after receiving notice under subparagraph(d)(2)from an employee or otherwise receiving actual notice of Check 0 if the State has elected to complete OJP Form 4061/7. such conviction. Employers of convicted employees must provide notice,including position title,to: Drug-Free Workplace Department of Justice,Office of Justice Programs, (Grantees Who Are Individuals) Attn:Control Desk,633 Indiana Avenue NW, Washington,D.C.20531. Notice shall include the As required by the Drug-Free Workplace Act of 1988,and identification number(s)of each affected grant; implemented at 28 CFR Part 67,Subpart F,for grantees,as (f) Taking one of the following actions,within 30 calendar defined at 28 CFR Part 67;Sections 67.615 and 67.620— days of receiving notice under subparagraph(d)(2),with A. As a condition of the grant,I certify that I will not engage in respect to any employee who is so convicted— the unlawful manufacture,distribution,dispensing, (1) Taking appropriate personnel action against such an possession,or use of a controlled substance in conducting employee,up to and including termination, any activity with the grant;and consistent with the requirements of the B. If convicted of a criminal drug offense resulting from a Rehabilitation Act of 1973,as amended;or violation occurring during the conduct of any grant activity,I will report the conviction,in writing,within ten calendar days (2) Requiring such employee to participate satisfactorily of the conviction,to: Department of Justice,Office of Justice in a drug abuse assistance or rehabilitation program programs,ATTN: Control Desk,633 Indiana Avenue NW, approved for such purposes by a Federal,State,or Washington,DC 20531. As the duly authorized representative of the applicant,I hereby certify that the applicant will comply with the above certifications. 1. Grantee Name and Address: 2. Application Number and/or Project Name 3. Grantee IRS/Vendor Number 4. Typed Name and Title of Authorized Representative 5. Valid Through Date 6. Signature 7. Execution pate OJP Form 4061/6(Rev.3191) Replaces OJP Forms 6 406112,4061/3 and 4061/4 which are obsolete. '., 63 .STATE OF WASHINGTON JUSTICE ASSISTANCE GRANT DEPA.RTMEENT OF COMMERCE NATIONAL.ENVIRONMENTAL POLICY ACT PA) The following information is required from each federal grant recipient. The Department of Commerce will consolidate all responses and submit a consolidated response to the U.S. Department of Justice. Please check one of the blanks to the left of each item below to indicate-whether or not the activity described is being undertaken to support or facilitate the federally funded activity by the grant recipient or any other party. (Notes the source of funds utilized is irrelevant to your response.) (Note2—if the activity is being undertaken without regard to the presence or operation of a federally funded activity, the item should not be checked.) Yes Activity N/A ❑ 0 1. New Construction 2. Minor renovation or remodeling of a property either: ❑ ❑ a. listed or eligible for listing on the National Register of Historical Places ❑ ❑ b. located within a 100-year flood plain 3. Renovation, lease or any proposed use of a building or facility that will either: ❑ ❑ a. result in a change in its basic prior use(between industrial, office, residential, etc.) ❑ ❑ b. significantly changes its size (total structure,not program's portion thereof) 4. Implementation of a new program involving use of chemicals other than: ❑ ❑ a. chemicals purchased as an incidental component of the funded activity ❑ ❑ b. traditionally used(e.g., for office, household,recreational, educational environments) If any item above is checked, a clarification of the activity may be requested. Response is made related to the following Justice Assistance Grant funded program/project: Project: Certificate Valid Through(max of 2 years) Signature: Date: Typed Name: Title: Representing: 7 64 STATE OF WASBINGTON JUSTICE ASSISTANCE GRANT DEPARTMENT OF COMMERCE ACKNOWLEDGEMENT OF FEDERAL FUNDS The recipient shall submit to the Department of Commerce, for re-submission to the Bureau of Justice Assistance, one copy of all reports and proposed publications resulting from this grant twenty(20) days prior to public release. Any written,visual, or audio publications,with the exception of press releases, whether published at the grantee's or government's expense, shall contain the following statements: "This project was supported by Grant No. 2011-DJ-BX-2090 awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the United States Department of Justice' Office of Justice Programs,which also includes the National Institute of Justice,the Bureau of Justice Statistics, the Office of Juvenile Justice and Delinquency Prevention, and the Office of Victims of Crime. Points of view in this document are those of the author and do not necessarily represent the official position or policies of the United States Department of Justice. Grant funds are administered by the Public Safety Unit, Community Services and Housing Division, Washington State Department of Commerce" The undersigned agrees to the above requirements. SIGNATURE PRINTED NAME Certificate Valid Through (Max of two years) NAME OF APPLICANT ORGANIZATION 9 65 STATE OF WASIIINGTON JUSTICE ASSISTANCE GRANT MPAISTIVIENT OF COMMERCE ACKNOWLEDGEMENT OF ALLOWABLE AND UNALLOWABLE COSTS ALLOWABLE COSTS Allowable uses of federal grant funds include,but are not limited to,the following as they relate to the coordination and-implementation of activities performed under the goal(s),objectives,and activities of the grant as described on Attachment B of the Grant,including: Operating costs,including: o Approved costs of personnel(salaries and benefits, and/or overtime). o. Overtime' o Costs reflected in the project budget proposal(such as training fees,printing, supplies,or contractual services). ® Procurement and installation of equipment(limitations may apply for high dollar items) ® Space and utilities,to the extent utilized for the approved project. ® Travel,per diem,and lodging at the federally approved rates. ® Printing and duplication of written and visual materials. UNALLOWABLE COSTS Unallowable uses of federal grant funds include: ® Food,beverages or other refreshments for meetings, conferences or training(prohibition does not '.... include standard per diem when otherwise authorized) ® Body armor/protective vests ® Vehicles,vessels,and aircraft '... ® Construction ® Land acquisition _ ® Automatic and military grade weapons '.... ® Victim compensation(direct payment) '...... ® Losses arising from uncollected accounts ® Contributions to a contingency reserve '.... ® Contributions or donations . ® Entertainrnerit ® Fines and penalties ® Interest and other financial costs ® Consultant Fees(above a reasonable and consistent rate for similar services, and/or above$450 for an eight-hour day—excluding travel and per diem) The undersigned agrees to the above requirements. SIGNATURE PRINTED NAME 'NAME OF APPLICANT ORGANIZATION CERTIFICATE VALID THROUGH (Not more than two years) 11 i 66 STATE OF WASHINGTON JUSTICE ASSISTANCE GRANT DEPARTMENT OF COMMERCE CIVIL RIGHTS TRAINING The following civil rights requirements apply to all units of local government and state agencies regardless of grant acceptance, and both for profit and non-profit organizations accepting federal grant funds. Beneath each requirement are one or more references that are provided to assist in understanding and compliance. It should be noted that the compliance requirements apply to the entire jurisdiction/organization, and not just to the.fanded activities. j 1. Omnibus.Crime Control and Safe Streets Act of 1968 (42 VSC §3789d) Reference: http://www.fcc.gov/Bureaus/OSEC/librya/legislative histories/1615.p 2. Victims of Crime Act reference. Reference: http://www.mudas.com/Victims%20oP/o20Crime%20Act.Tdf 3. Title VI of the Civil Rights Act of 1964 Reference: http://www.fta.dot.gov/civilrights/civil rights 5088.htm1 4. Section 504 of the Rehabilitation Act of 1973 Reference: htt2://www.dol.gov/oasam/regs/statutes/sec504.htm 5. Title II of the Americans with Disabilities Act of 1990 References: ® Text—The Americans with.Disabilities Act www.ada.goy/pubs/ada.htm ® Title 11 Highlights http://www.usdoj.gov/crt/ada/t2hlt95.htni ® The Americans with Disabilities Act, Title II Technical Assistance Manual hLtp://www.usdoi.gov/crt/ada/taman2.html ® Commonly Asked Questions-ADA and Law Enforcement http,://www.usdoj.gov/crt/adaA%26a law.htm ® Commonly Asked Questions—ADA and Hiring Police Officers hltp://www.usdoj.gov/crt/ada/copsq7a.htm 6. Title IX of the Education Amendments of 1972 Reference:http://www.dol.g6v/oasam/regs/statutes/titleix.htm 7. Age Discrimination Act of 1975 Reference:http://www.dol.gov/oasam/regs/statutes/age act.htm 8. USDOJ Non-Discrimination Regulations (28 CFR 42, Subparts C,D,E and.G) Reference:http://www.access.gpo.gov/nara/efr/waisidx 00/28cfr42 OO.html 9. USDOJ Regulations on Disability Discrimination(28 CFR Part 35 &Part 39) References:- * Text-28 CFR 28 Part 35 http://www.access.gpo.gov/nara/cfr/waisidx 00/28cfr35 OO.html Text—28 CFR 28 Part 39 http://www.access.gpo.gov/nara/efr/waisidx 00/28cfr39 OO.html 13 0TORMATION AND ASISTANCE 67 The agencies and organizations listed below can provide technical advice and assistance. U.S.Department of Justice Department of Personnel Office of Justice Programs Wopkforce Diversity Office Office for Civil Rights http://hr.wa.gov/diversiiy/DiversityProgram/Pag 810—7'Street NW es/default.gVx Washington,D.C.20531 PO Box 47500 Voice: (202)307-0690 Olympia,WA 98504-7500 TDD/TTY: (202)307-2027 Voice: (360)664-1921 www.ojp.usdoj. og v/ocr TTY/TDD: (360)664-6211 Washington Human Rights Commission Department of Labor and Industries 711 S Capital Way, Suite 402 Vocational Services PO Box 42490 PO Box 44323 Olympia,WA 98504-2490 Olympia,WA 98504-4323 Voice/TDD: 1-800-233-3247 Voice: (360)902-54456 TTY: 1-800-300-7525 www.hum.wa.gov Washington Division of Vocational Rehabilitation Department of Social and Health Services Job Accommodation Network(JAN) (38 field offices statewide) 1-800-526-7234 Provides employment services to persons with 1-800-781-9403 (TTY) disabilities and businesses www.askjan.org Voice/TDD: 1-800-637-5627 U.S.Architectural and Transportation Washington Governor's Committee on Disability Barriers Compliance Board Issues and Employment 1-800-272-2253 (Voice) PO Box 9046 1-800-993-2822(TTY) Olympia,WA 98507-9046 hLtp://www:access-board.gov/ Voice: (360)725-9509 Email: Office for Civil Rights http://www.esd.wa.gov/newsandinformation/leg Department of Health and Human Services resources/gcde/ http-://www.hhs.gov/ocr/office/ Equal Employment Opportunity Commission (U. S. Government) State of Washington Area Office 909— 1St Avenue, Suite 400 Seattle,WA 98104-1061 Voice/TTY: 1--800-669-4000/1-800-669-6820 http://www.eeoc.gov/ As the individual with primary functional responsibility for equal opportunity and civil rights compliance for the applicant jurisdiction,I hereby certify that the applicant will comply with the above Civil Rights requirements specified on the previous page of this certification. . SIGNATURE OF OFFICIAL WITH FUNCTIONAL RESPONsimLrTY MLE OF OFFICIAL COMPLETING THE WAIVER JURISDICTION/ORGANIZATION REPRESENTED DATE 14 68 STATE OF WASHINGTON JUSTICE ASSISTANCE GRANT DEPARTMENT OF CO RCE CIVIL RIGHTS REQUIREMENTS 1. L,IlVIITED ENGLISH PROFICENCY To ensure compliance with the Omnibus Crime control and Safe Streets Act of 1968 and Title VI of "! the Civil Rights Act of 1964,grant recipients must take reasonable steps to ensure that Persons with Limited English Proficiency have meaningful access to services and legal protections. Meaningful access may entail providing language assistance services,including oral and written translation, where necessary. Assistance in understanding grant recipient's obligations under the law may be found in the Department of Justice's Guidance to Federal Financial Assistance Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficiency Persons (LEP Guidance),which can be found at 67 Fed.Reg.41455 (June 18,2002).'Additional assistance regarding LEP obligations and information may be found at www.lo.gov. 2. FEDERAL NON-DISCREMNATION REQUIREMENTS The applicant will comply with any applicable federal nondiscrimination requirements,which may include: 0 the Omnibus Crime Control Act and Safe Streets Act of 1968(42 U.S.C. §3789d); ® the Victims.of Crime Act(42 U.S.C. § 10604(e)); . ® the Juvenile Justice and Delinquency Prevention Act of 2002(42 U.S.C. § 5672(b)); ® the Civil Rights Act of 1964(42 U.S.C. § 2000(d)); ® the Rehabilitation Act of 1973 (29 U.S.C. § 794); ® the Americans with Disabilities Act of 1990(42 U.S.C. §§.12131-34); '.. ® the Education Amendments of 1972(20 U.S.C. §§ 1681,1683,1685-86); ® the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101-07); ® 28 C.F.R.Part 42(U.S.Department of Justice Regulations—Nondiscrimination,Equal '.... Employment Opportunity,Policies and Procedures); ® Executive Order 13279(equal protection of the law for-faith based and community '... organizations); and ® 28 C.F.R.Part 37((U.S.Department of Justice Regulations—Equal Treatment for Faith Based Organizations). The applicant shall further comply with Federal law prohibiting grant recipients from retaliating against individuals taking action or participating in action to secure rights protected by federal law. 3. NOTIFICATION OFFINDINGS OF DISCRIMIATION OR NON-COMTLL4,NCE In the event a state or federal court or a state or federal administrative agency makes a finding of. discrimination after a due process hearing on the grounds of race,color,religion,national origin,age, disability,or sex against the applicant or a program partner or participant receiving grant funds,the applicant will forward a copy of the finding to the U.S.Department of Justice,Office of Justice Programs, Office of Civil Rights(OCR), and the Department of Commerce(COMMERCE). The applicant shall include a statement clearly stating whether or not the fording is related to any grant activity supported with a grant,in which U.S.Department of Justice Funds are involved, and identify all open grants utilizing U.S.Department of Justice funding by contract number and program title. 15 69 4. EQUAL EMPLOYMENT OPPORTUNITY PROGRAM(EEOP) The applicant will determine whether it is required to formulate an Equal.Employment Opportunity Program(EEOP),in accordance with 28 C.F.R.42.301 et.seq. If the applicant is not required to formulate an ESOP,it will submit a certificate form to the U.S.Department of Justice, Office of Justice Programs, Office of Civil Rights(OCR), and Washington State Department of Commerce (COMMERCE)indicating that it is not required to develop an EEOP. If the applicant is required to develop an EEOP but not required to submit the EEOP to the OCR,the applicant will submit a certification to the OCR and COMMERCE certifying that it has an EEOP on file which meets the applicable requirements. If the applicant is awarded a grant of$500,000 or more and has 50 or more employees, it will submit a copy of its EEOP to the OCR and COMMERCE. Non-profit . . organizations,federally recognized Indian Tribes, and medical and educational institutions are exempt from the EEOP requirement,but are required to submit a certification form to the OCR to claim the exemption. A copy of the certification form will also be submitted to COMMERCE. Information about civil rights obligations of grantees can be found at http://www.opj.usdoj.gov/ocr/. 5. APPLICANT DUTY TO ENSURE SUB-RECIPIENTS COM PLLANCE The applicant is required to ensure compliance with this requirement by any program partner or participant receiving funding under this grant. As the individual with primary functional responsibility for equal opportunity/civil rights compliance for the applicant jurisdiction,I hereby certify that the applicant will comply with the above Civil Rights requirements specified in this certification. SIGNATURE OF INDIVIDUAL wITH FUNCTIONAL RE$PONSIBILrry TITLE OF OFFICIAL COMPLETING T�M CERTIFICATION JURISDICTION/ORGANIZATION REPRESENTED DATE CERTIFICATE VALID THROUGH(Not more than two years) 16 70 z . � o y �., E'3 W ... 1 U r - C U O (D a : U) L 4J - A� 0 Z 0 0 -. Z .i... c W O L rt+ ,� m m O L. (6 O O c c m o o a) c M c O 4 c N � a ,O a) 0 x m C co C>o, w •a) ca) •O U) •a O L . U > O O LL C O E 0- O (n O 4, O O .+QU1) c. 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(D U a) - 'fir. •�' C O U o c+- (� N [� ca `t=-• m m m LU Q O a) „ C a) U C l O 4 U • .z .Q a a) en U QQ wOcn s-' O Q C L C 'a a) '. •+-• p >, o 'O _ O a) m C-• ,y ;= U O ) (0 O cu c •� O C O a�i -C Q N } cn U .2 C t r ;; U V 3 a) p� ,�+ ` N c O" LINE- 11 a) O m L U o �� m '- j CA o _ CA .0 C - 'O Li C % n O C d) N a) C 0 O LL N Q) O O)o C c > C U r L7 n' U C U N t, C U r-� N •C 'v= '� U t�i� C o dj a) m a) C r N C m > LO O U m cE �- C a) a cc LU O , ._O �p O Ua� cn a) sNa W �o 2 mO vw r a m a o tiN a) a) o • p QLu moa)a) n a) Wp es c oLU r 0 N O - -CC O +� Q � �, �_ Q '` >, a) a a) o0 CO (D ° �' �.) d C C3 O m Q sta N CO Z �e- a) r x � Q «a=) momm a)p o m � � 00 LlL �. o o ® zn Ito Za) fF m a) co 0 m 0 74 STATE OF WASHINGTON JUSTICE ASSISTANCE GRANT DEPARTMENT OF COAMIERCE EQUAL EMPLOYMENT OPPORTUNITY PLAN(EEOP) CERTIFICATION FORM Complete only the Header Data and one of Sections A,B or C Recipient Name and Address: Grant Title: FFY'14 Justice Assistance Grant—Washington State Grant Number: Subaward No.: Award Amount: Federal regulations require recipients of financial assistance from the Office of Justice Programs(OJP),its component agencies,and the Office of Community Oriented Policing Services(COPS)to prepare,maintain on file,'submit to OJP for review,and implement an Equal Employment Opportunity Plan(EEOP)in accordance with 28 CFR Sections 42.301-.308.The regulations exempt some recipients from all of the EEOP requirements.Other recipients,according to the regulations,must prepare,maintain on file,and implement an EEOP,but they do not need to submit the EEOP to OJP for review.Recipients that claim a complete exemption from the EEOP requirement must complete Section A below.Recipients that claim the limited exemption from the submission requirement must complete Section B below. Recipients should complete Section A,B or Section C,not multiple sections.If a recipient receives multiple federal grants,please complete a form for each grant,Do Not Use Another Grant's Certificate when completing this application package. tion A—Declaratio f Compliance with the EEOP Requirement I, [individual with primary functional responsibility for equal opportunity/civil rights compy e for th risdictionl,certify that [recipient a repared an EEOP and if appropriate submitted to the Office of Civil Rights,US Department of Justice a copy,pursuant to 28 CFR. Pr' t Name of In idual with Signature Date rimary Functional esponsibility Section B-Declaration of Claiming Complete Exemption from the EEOP Requirement.Please check all boxes that apply. Recipient has less th960 employees ❑Recipient is an Indian Tribe ❑Recipient is a non-profit organization ❑ ipient is an ed tional institution ❑Recipient is a medical institution ❑Recipient's award is less than$25.000 I, [individual with primary functional responsibility for equal opportunity/civil rights compliance hejrisdiction],certify that reu[recipien is ired to prepare an EEOP for the reason(s)checked above,pursuant to 28 CFR Sections 42.302.I further certify that [recipient jurisdiction] will comply with the applicable Federal civil rights >/tha-t prohibit di nation in employment and in the delivery of services. Print Name of Individual with Signature Date Primary Functional Responsibility Section C-Declaration Claiming Exemption from the EEOP Submission Requirement and Certifying that an ESOP Is on File for Review. If a recipient agency has 50 or more employees and is receiving a single award or subaward for$25,000 or more,but less than $500,000,then the recipient agency does not have to submit an EEOP for review to the Department of Justice as long as it certifies the following(42 CFR Section 42.305): I, [individual with primary functional responsibility for equal opportunity/civil rights compliance for the jurisdiction],certify that [recipient jurisdiction], which has 50 or more employees and is receiving a single award or subaward for$25,000 or more,but less than$500,000,has formulated an ESOP in accordance with 28 CFR Section 42.301,et. seq., subpart E.I further certify that the EEOP has been formulated and signed into effect within the past two years by the proper authority and that it is available for review.The EEOP is on file in the office of [organization],at [address],for review by the public and employees or for review or audit by officials of the relevant state planning agency or the Office for Civil Rights,Office of Justice . Programs,U.S.Department of Justice,as required by relevant laws and regulations. Print Name of Individual with Signature Date Primary Functional Responsibility Valid for a maximum period of two years from the effective date of the last EEOP approved before this date 21 75 STATE OF WASHINGTON JUSTICE ASSISTANCE GRANT DEPARTAIENT OF CO ICE TIME AND ATTENDANCE RECORD SAMPLES (Timesheets) The Grantee(Contracting Agency/Jurisdiction)must be able to demonstrate that it has verified that all agencies participating in the funded activity keep time and attendance records for all individuals compensated to any degree with federal funds under this grant program. There is no specified format. Each agency is free to utilize any method it chooses to comply with OMB Circular A-87, Cost Principles for State,Local and Indian Tribal Governments (2 CFR 225),Attachment B,Paragraph 8.h(3) and(4). The simplest methods to demonstrate compliance are: A. For integrated task forces,the project coordinator/supervisor collects a copy of the time and attendance records directly from each individual participating in the task force and receiving any reimbursement from the grant award. B'. For collaborating projects sharing the grant funds,the project coordinator collects a copy of the time and attendance records for each individual receiving any reimbursement from the grant award from their counterpart(s) in each collaborating agency receiving funding under this award. Notel: Private information(social security numbers, date of birth, or home address)may be redacted from the collected documents. Note 2: If sub-recipients utilize electronic time and attendance records (i.e.hand written signature certifying accuracy of the document) a simple printout or screen shot image is sufficient to demonstrate compliance. Note 3: Documents collected to,demonstrate compliance with this requirement may be reviewed by authorized representatives of the Department of Commerce,the State Auditor's Office, and the United States Department of Justice. However,if the identity of any supported individual is confidential (e.g.narcotics/gang task force officers) copies should not be made for or retained by the reviewer. To demonstrate the usage of such time and attendance systems by sub-recipient agencies, copies with all information identifying such individuals fully redacted may be provided to state and federal agencies reviewing grant compliance. Note4: The reverse is a training handout on the minimum requirements fir Time and Attendance, records. 23 76 What is a`Time and Attendance Record'? It can be almost anything from a calendar sheet reflecting workload to full blown timesheets. If you are in any doubt about the adequacy of any grant supported individual's time and attendance record, ask! Base Requirements: An individual's record of actual time worked, showing by the various funds charged by hours and possible the work(case numbers)performed. Base Requirement : Time and Attendance Records must coincide with payroll periods. For example ' four fully completed weekly reports and part of another may be used to support a monthly payroll period, or a single sheet may do so. The keys are clear identification of the period each form represents,and starting a new form to coincide with the beginning of the next payroll period. Base Requiremene: Every individual supported(to any extent!)with grant funds,(generically with any other parry's funds)must maintain a time and attendance record. This obligation supersedes employee classification and`independence'. Notes: Base Requirement) specifies `actual time worked',not just a reflection of the percentage of the funds available for use in reimbursing the individual. Precision is not the key to stating the actual time Worked,an honest attempt at accuracy is. Note 2c The level of detail(time increments)need not be precisely measured,time increment by time increment,but should be defined by agencypolicy and accurately reflect the activity supported., g g y pyp d, Note3: Hours to be charged against the ant need not be distributed evens across the a period,for example they may be `front loaded' to utilize the total hours supportable by grant funds before those. hours supported by other funding are used(usable to the extent the frontloaded time supports the grant). Note4:Activities such as training and organizational meetings,which are not directly attributable to any, one fund,may be charged to any available fond which is generally relevant to the activities of the supported individual. Notes: Time sheets should include a certification or attestation of accuracy. There is no prescribed format for this statement=see your jurisdiction's general time sheets for a general format: Note 6: Time reflected as a charge against the grant,which exceeds the hours supportable by available grant funds,may in the payroll be charged against local funds-if such a provision is made in local fiscal policy/procedure(hint, don't cause excessive adjustments when a simple business practice can cover it). Note 7: Time and Attendance Records need not beat imesheet in the traditional sense. For example though an `exempt',employee(management/prosecutors/exceptionally skilled individuals)may be reimbursed by formula, if that formula is tested each payroll period to ensure that the time charged against the grant is supported by the time and attendance record. When this is the case the time and attendance records must still be retained by the individual's agency and_at least representative copies provided to the individual responsible for ensuring compliance with the grants rules.' 24 i 77 STATE OF WASIIINGTON JUSTICE ASSISTANCE GRANT DEPARTMENT OF COMMERCE CCR REGISTRATION OF SUB-RECIPIENT DUNS NUMBERS The CCR pages reporting the DUNS Number registration of each sub-recipient should be printed out and retained on file. Should the DUNS Number registration expire before the end of the award period(technically before they have utilized all the federal funds to be provided to them under this award),the validity of their DUNS Number registry in the CCR system must be re-verified. Failure to maintain a valid DUNS registry in the CCR system prohibits disbursement of federal funds to that agency, effective the date of the registrations lapse. Equally renewed registration clears this prohibition effective the date of the renewed registration. The following three pages illustrate how to verify sub-recipient DUNS Number registry in the CCR System. 25 78 I t +' A 41cn CD od cn t..r L Q � r._ ai ( M 4- N C m to 0 41 U a o OPP CIO �.. O C -20 - - t3 m O IH, cu rtt F m a� F�7 1 o , t �'' U � 'mod � w; � ' � .��• 0 t , 79 Fe D) l o E C6 En � N ' O +1 V) b. [U s i t13 co .O G*a II (31 Q 44 . ) mO 41 Qt CU , •. , ram- � _ U e.O�y 0 N U _. G Z i cd 4 N V) ++ O GI ? 8 (31 L L CO A. bD ri tes ! E to -._.. —. (U-- 1 OA � . q i rOd I ? Yh" to 41 4r 41 V) 41 2,7� I _ ® Ln Li a) 0 IA s ua = �' 80 Q? N --- ' — — O u- 1 CU h+'a 5 r 41 V J N- d-f f N N + 4J z (V y t3{ � Q W ' a o 0 c j o ! a' � � i p 00 1104 U s tea' �! a fffi 0, k� ."1 0v G j - ti w u r i i Ov x i ' 8.1 STATE OF WASHNGTON JUSTICE ASSISTANCE GRANT DEPARTMENT OF COMMERCE SOUND FINANCL&L MANAGEMENT Sub-Recipient There are three aspects of financial management that should be checked. Two are specific to the individual assigned to the task force and his assigning agency,while the third is a general check of the fiscal health and operations of the sub-recipient. Task Force Specific Concerns: Accountability for Leave: The task force or the task force supervisor of personnel from sub.-recipient agencies must have a system in place to record of leave taken. This information must be periodically provided to, or be made available upon request,to the sub-recipient agencies. Accountability for Overtime: The task forte's fiscal agent(the contracting agency)must verify that sub recipient agency overtime reimbursed with grant funds was both worked and paid to the individuals assigned to the task force. This may be done by one of two methods: ® ' Requiring each sub-recipient agency to attach the payroll system's summary of payment and the corresponding time and attendance record to their reimbursement requests. or ® Having fiscal staff visit at least once per award period each sub-recipient;after,they have requested reimbursement for overtime, and verifying the overtime request is supported by the assigned individual's time and attendance record and the payroll system's summary of payment(with regular pay and overtime separately delineated). General Fiscal Health and Operations: - — — - Determinatiorrthat-sub-recipient agencies-have-sound-financial-management-is-beyond-th - capacity of most program offices, and a simple review of the most recent audit for each sub- recipient is acceptable in lieu of an independent determination. Governmental Sub-Recipients: The following pages illustrate how to locate the most recent State Auditor's Office audit and critical elements to be reviewed in each report. Note: If the recipient is having difficulty locating or reviewing the audits of governmental sub-recipients,they may request assistance from the Department of Commerce. Non-Profit Sub-Recipients: In most cases non-profit organizations will not be audited by the State Auditor's Office. Therefore, a copy of their most recent audit must be requested from those sub-recipients. Copies of the reviewed audits, with the critical elements highlighted or otherwise marked, should be retained in the program file to demonstrate the recipient's review and completion of this compliance requirement. 29 82 a I a I w _ _,r •I i i G a m 19 .H O O W o V ti ' mmaa ro I �I aeina�v' e a jl -� f.w� o7. I. kt ' I I f' r ) L f6 p i I O ry-' I EL � n r i 2 O1I 21 I E m m [ W R7 C 1. wl -stm a t' e w m y a w o n n NI 1-f I = f.:m m [-•=•t � T�� � m a' � clU, � � '7'N C�� � Cy �o >; �" - m a v 5. c gt - LL 8 U r4 _ 7 t m ..!' I 4g+ ~ ��r i}+ y W 1 E}n'E N 77 1 OI Lnl y' E v j j al ; cf kdu OL c fla o :3 .� p a) a) vi LLf'— m ` O M; o (1) o c j � a) o E � L U > cn O 'a > U ' ar a) C a) p a"i tJ a) p O p Q E �O a) a) v y: ► � o , � Z � (O .Q .� � O i y 4 r � H ' .. p O ri O V - 4 tj u. 1 m i ri{ C _....L41 kA r 1 44 � m H ci � Ls t e. N N b .10 N oa .6 P . `1 Gl `s. O ti-1 'f: • L — h. In 0 t9 U In 07 o m o, o .0 'll to c to 4 m Ln 0 c t1 M as ';k v` 2 p CL fk !. 0 fuE o � E �: a v = u cm tL z3 fl ° . h I a u t o tip 3 " O C J t J t JL '. r0i - � _ do l _ ;Q 7 �a — 1Lnp kA 0 o � s v2-5 m M 2 o . � ,fie, : ients and Federal Singlill's Audit Report, Financial' Stat-ain x County Amdrt E n �-112010 through Decemberer 1., 01 Repoit No.1006,093 swe Date ,r+, s I G R -N ON 32 .85 Table of Contefits on January. 2010 through December 31, 2010 (Lederal umrnary ------------------------------------------------------------- Schedule of Federal edit Findings and Questioned Costs- ---------------- ------------------------------------- 14 cledul rreredral audit l=rrlir -------------------------------------------------------------------------------- fridependentAuditor'sReport on Internal Control over Financial Reporting and on Compliance and der Matters in Accordance with Dove-ai e t Atiditing Standards.=---------------1.5 tdependent Auditors F e ort err om liance with Regmfirernents That ould Have m D reet and Material l=fite on Eihajt�r Pro ramm and tmt lntel7al emrterer rarmpl`[ane in .r�dance with COMB irculal 1 -------------------------------- ------------------ ------ ................ - ---- --- --- Independent Auditor's Report on Financial Statements------------------------------ -- Financial Section------------------------------- --------------------------------------------------------------- -- -- 22 Primary Segments of Concern 1 —Summary 2—Schedule of Federal Audit Findings and Questioned Costs 3—Schedule of Prior Federal Audit__ _- Findings 4—Independent Auditor's Report on Compliance . . . Not all these segments will be present in all audit reports. Those listed here as 2 . and 3 are present,only if there are significant concerns. 33 86 Federal Summary I o Ert .,:4 Con ty January 13 2010 through December 31, 2010 The results of our audit of the City of Yakima are summarized below in accordance with _: _ Office of Management and Budget Circular 138_ Internal Controls rNA A TATE . ENT In this example there are no issues. However, if there had been issues you would have to determine if the lified opinion was issued on the financial statements of ff issue(s)were related to that portion business-type activities;each major fond and the aggregate remai: of the sub-recipient's.governance that controlled the expenditure of grant Internal Control Over Financial Reporting: funds and project implementation. Signffcant Def[dencles We rewded no deficiencies in the design or operation of internal control over financial reporting that we consider to be significant deficiencies.. Mateifat Weaknesses.- We identified no deficiencies that we consider to be material weaknesses_ e noted no instance of noncompliance That were material to the financial statements of City_ Federal Awards FEDERAL AWARDS In this example there are issues. Again, you must determine if the issue(s) relate to Internal Control Over Major Pro ramW that portion of the sub-recipient's governance that controlled the expenditure gn can f l 1 We identified Cficioo of grant funds and project implementation. Intern contra -over meter eii programs a Both the summary at the bottom of this dciencies section and the following pages, particularly'Schedules of Federal Audit Findings and Questioned Costs'(if Material.t kid e � We identified deficiencies t present)are critical to this determination. weaknesses_ We issued an unqualified opinion on the Citys compliance with requirements applicable to each of its nor federal programs, with The exception of the Public Safety Partnership: and Community Policing Grants Program, ARRA Edward Byrne Memorial Justice e Assistance Grant, APRA Energy Efficient y and Conservation Block Grant and ARRA Public Safety Partnership and Community Policing Grants Program on whidi we issued a qualified opinion on compliance with applicable requirerriems- We re s a e i o see- rpm on a ofh8 Circular A- 33_ . Washington state Auditor's Office t 34 87 POLICE DEPARTMENT Ken Thomas, Chief of Police KENT Phone: 253-856-5800 WAsH-7— Fax: 253-856-6802 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: May 13, 2014 TO: Public Safety Committee SUBJECT: Blumenthal Uniform Co., Inc. Contract -Recommend MOTION: Move to recommend Council authorize the Mayor to sign a Goods and Services Agreement with Blumenthal Uniform Co., Inc., for the purchase of police uniforms in an annual amount not to exceed $100,000, subject to final terms and conditions acceptable to the Police Chief and City Attorney. SUMMARY: The City's Police Department wishes to continue to purchase its uniforms from Blumenthal's Uniform Co., Inc., to ensure the department receives uniforms consistent in appearance and quality among police department staff. Blumenthal's has provided uniforms to the police department since at least 1999 and the police department wishes to continue its relationship with Blumenthal's. The Police Department anticipates that its annual uniform needs should not exceed $100,000. The Mayor previously granted the police department's request to waive the procurement requirements pursuant to KCC 3.70.080 because the police department relied upon the prior advertised bid process conducted by the State of Washington for the majority of its uniform needs. For those uniforms items specific to Kent, it was more advantageous for the City to contract directly with Blumenthals than to separately bid those items, as explained in more detail in the attached waiver. Exhibit: Draft Goods and Services Agreement, including Exhibits Budget Impact: None S:\PUBLIC\POLICE\Public Safety Committee\2014\May 2014\Blumenthal Motion.Docx CITY OF RENT POLICE DEPARTMENT 220 4ch Avenue South Kent, WA 98032 K E N T Fax: 253-856-6802 WASHINGTON PHONE: 253-856-5800 Memo To: Suzette Cooke, Mayor From: Sara Wood, Research and Development Analyst CC: Ken Thomas, Police Chief Date: April 17, 2014 Re: Request for Advertised Bid Waiver Pursuant to KCC 3.70.080 for Police Uniforms The City's Police Department is requesting you waive the advertised bid requirement set forth in KCC 3.70.080 for the purchase of uniforms for Kent Police Department personnel from Blumenthal Uniform Co., Inc. ("Blumenthal's"). The police department anticipates that its annual uniform needs should not exceed $100,000. As an example, in 2013, the police department spent approximately $83,000 with Blumenthal's. An exact contract amount is difficult to determine because uniform needs depend upon staff rotation, and uniforms are replaced on an interval and rotating basis, or when damaged beyond reasonable repair. Many of these events cannot be anticipated. The advertised bid requirement for purchases over $50,000 may be waived by the Mayor upon her finding that the bidding requirements of KCC 3.70.030 are not practicable or in the City's best interest under the circumstances. Should such a finding be made by the Mayor, the materials, supplies, equipment, or services to be purchased may be acquired by the City through direct negotiation with an identified vendor or contractor. The Kent Police Department requests this waiver for two reasons. First, the City has contracted with Blumenthal's for the police department's uniform needs since at least 1999. Continuing to contract with Blumenthal's will ensure that the uniforms remain consistent in appearance and quality among police department staff. Second, a majority of the uniform items purchased by the Kent Police Department have already been subjected to an advertised bid process conducted by the State of Washington where Blumenthal's was the successful bidder. In accordance with KCC 3.70.030, the City of Kent may rely upon an advertised bid conducted by another public agency in satisfying the City's procurement requirements, so long as the items purchased are 'substantially the same." While there are some color, quality, and design differences between the items purchased by the State of Washington and the City of Kent, the police department believes the items are "substantially the same" for purposes of KCC 3.70.030. However, out of an abundance of caution, the police department wanted to additionally seek an advertised bid waiver from the Mayor in accordance with KCC 3.70.080. A large number of the items the Kent Police Department purchases from Blumenthal's are directly off of the state's contract, including short-sleeved shirts, duty jackets, men's pants, belts, boots, and duty-belt equipment. By purchasing off of the state contract, the City Memo 89 Page: 2 Re: Request for Advertised Bid Waiver Pursuant to KCC 3.70.080 for Police Uniforms receives a substantial price discount on these items. However, many other uniform items are specific to the Kent Police Department due to required color, quality, and design, including long-sleeved shirts, women's pants, patch style and location. The Kent Police Department does not believe it would be cost effective for the City to purchase most of the department uniform items from Blumenthal's, but then purchase other portions from another vendor. Additionally, purchasing the entire uniform from Blumenthal's allows the Kent Police Department to have uniformity in the appearance of its police officers, corrections officers, and other uniformed department personnel. Although this memo seeks the Mayor's waiver of any advertised bid requirement of KCC 3.70.030, staff will take any contract that results from its direct negotiations with Blumenthal's to the Public Safety Committee and the full City Council for approval before it is presented for signature. If you approve of the Kent Police Department's waiver request, please indicate your approval by signing below. CITY OF Suze ke, ayo Date: R:\0vi"-\0Pw R gA'8366`ttxAWar--Ad ttl Bid Re0rHn 4— 90 11� KENT W A 5 H I N G T O N GOODS & SERVICES AGREEMENT between the City of Kent and Blumenthal Uniform Co., Inc., d/b/a Blumenthal Uniforms & Equipment THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Blumenthal Uniform Co., Inc. d/b/a Blumenthal Uniforms and Equipment, organized under the laws of the State of Washington, located and doing business at 21621 Pacific Highway South, Des Moines, WA 98198; (206) 878-5477 (contact Apryl Stewart) (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. Vendor shall provide the following goods and materials and/or perform the following services for the City: Uniforms, uniform accessories, uniform tailoring, and uniform alterations for Kent Police Department employees and volunteers ("uniformed employees") provided to the City on an as-needed basis, and available for over-the-counter sales and direct or online sales and shipment. This contract is based upon the existing bid, contract, and price list established between Vendor and the State of Washington under Contract #06810. Those items purchased by the City off of state Contract #06810, and identified on the attached and incorporated Exhibit A under the "Special Instructions" column as "State Contract," shall be provided by Vendor to the City in accordance with the quality, measurement, and other specifications provided for by state Contract #06810. Those items in Exhibit A that are unique to the Kent Police Department shall be of the same type, quality, and specification as they exist at the time the parties execute this Agreement, and no alteration or substitution of any item in Exhibit A, whether purchased off the state contract or unique to the City, is permitted without the express written authorization of the City. Standard tailoring and alteration services shall be provided at no additional cost for all new items purchased under this Agreement, which shall customize the fit of a purchased uniform to insure a proper and precise fit to the uniformed employee. Any exceptions to this alteration process are detailed on the attached and incorporated Exhibit A as an additional charge under the column "Cust Price." Exceptional tailoring services or repair work not identified on Exhibit A shall be charged at the rate mutually agreed upon by the parties, on a case-by-case basis. Uniformed employees will visit Vendor during regular business hours for uniform fittings. However, Vendor agrees to perform uniform fittings at the Kent Police Department on an as-needed basis as may be determined by the City in consultation with the Vendor. GOODS & SERVICES AGREEMENT - 1 (Over$10,000.00, including WSST) 91 Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services by December 31, 2015. However, upon the parties' mutual agreement, this Agreement may be extended for up to three (3) additional one-year terms. Exercising an option to extend this Agreement for one of these additional one-year terms must be completed by execution of an amendment to this Agreement. However, in no event shall the term of this Agreement be extended beyond December 31, 2018. III. COMPENSATION. The City shall pay the Vendor, based on past usage, an estimated annual amount not to exceed $100,000, including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. This "not to exceed" amount is provided as an estimate only and is in no way a guarantee of the payment the Vendor can expect to receive during the term of this Agreement. This estimate is based on the number and type of uniform garments that the City reasonably expects to purchase from the Vendor annually during the term of this Agreement. However, because the City's uniform needs depend on the number of employees it has on staff, this amount may fluctuate up and down. If the parties agree to extend this Agreement after the initial two-year term, and should the annual "not to exceed" amount provided for in this section prove insufficient to cover the costs associated with that extension, the parties shall properly negotiate and execute an amendment to this Agreement. However, by its execution of this Agreement, the Vendor agrees that the purchase rates it charges the City during the initial term of this Agreement, or any exercised extension option, shall remain locked at the rates originally provided for within this Agreement, unless the City provides its express written authorization for any price increase. The City shall pay the Vendor the following amounts according to the following schedule: Vendor will be paid on a monthly basis for services rendered and goods received during the prior month in accordance with the Price List attached and incorporated as Exhibit A. Invoices will be paid within thirty (30) days after the City's receipt and acceptance of the goods or completion and acceptance of the services. Payment periods will be computed from either the date of delivery of all goods ordered, the date of completion of all services, or the date of the City's receipt of a correct invoice, whichever of these dates is later. No payment shall be due prior to the City's receipt and acceptance of the items identified in the invoice thereof. If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by GOODS & SERVICES AGREEMENT - 2 (Over$10,000.00, including WSST) the City beyond the maximum Agreement price specified above. The Citg2further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Vendor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Vendor maintains and pays for its own place of business from which Vendor's services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Vendor's services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the GOODS & SERVICES AGREEMENT - 3 (Over$10,000.00, including WSST) Vendor on all equitable adjustments. However, if the parties are unable to agree, thegGity will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment GOODS & SERVICES AGREEMENT - 4 (Over$10,000.00, including WSST) for work or time by an equitable adjustment. No adjustment will be mau for an invalid protest. C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. IX. WARRANTY. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor's representations to City. The Vendor shall correct all defects in workmanship and materials within one (1) year from the date of the City's acceptance of the Contract work. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in GOODS & SERVICES AGREEMENT - 5 (Over$10,000.00, including WSST) connection with the Vendor's performance of this Agreement, except for that portiog5of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Vendor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor's part, then Vendor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Vendor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this GOODS & SERVICES AGREEMENT - 6 (Over$10,000.00, including WSST) Agreement, each party shall pay all its legal costs and attorney's fees incurred in defegling or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XI of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. Further, the representative(s) signing this Agreement on behalf of the Vendor and the City each swear under penalty of perjury that he or she is authorized to enter into this Agreement on behalf of the party for which he or she signs, and that action is binding on the respective party. H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. GOODS & SERVICES AGREEMENT - 7 (Over$10,000.00, including WSST) 97 I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. VENDOR: CITY: BLUMENTHAL UNIFORM CO., INC. CITY OF KENT d/b/a Blumenthal Uniforms & Equipment By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Attn: Apryl Stewart Attn: Cindy White Blumenthal Uniforms & Equipment City of Kent Police Department 21621 Pacific Highway South 220 Fourth Avenue South Des Moines, WA 98198 Kent, WA 98032 (206) 878-5477 (telephone) (253) 856-5872 (telephone) (206) 878-5922 (facsimile) (253) 856-6803 (facsimile) APPROVED AS TO FORM: Kent Law Department P:ACivil\FilesAOpen FilesAI836-Blumenthal's\BlumenthalUniform-GoodsandSr sAgr-042214CLEAN.doc GOODS & SERVICES AGREEMENT - 8 (Over$10,000.00, including WSST) 98 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 of 3 99 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 of 3 100 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 of 3 101 Run Date 4/15/14 C O N T R A C T P R I C I N G / S P E C S L I S T Page 1 Run Time 4:43 PM BLUMENTHAL UNIFORMS User 62 (SELECT OPTIONS) Sort (1/2/3)? 1 <1>=Customer/Item Code, <2>=Customer/Line#, <3>=Customer/Dept/Class/Item Code Customer Code: KENTPD to KENTPD Contract Dept: MAIN Customer Type: ALL Vendor Code: ALL Department Code: ALL Class Code: ALL Item Code: ALL Location Code: ALL Salesman Code: ALL Contract Type (C/S/A)? ALL <C>=Contract, <S>=Specifications, <A>=All Customers Print Cost Data (YIN)? N Print Retail Price (YIN)? N Print Cust Price (Y/N)? Y Mailing Format (Y/N)? N <Y>=Mailing Format for Window Envelope (Logo Paper), <N>=Report Format Print Item Detail (YIN)? Y <N>=Does not print Customers Items Print Spaces (YIN)? N <N>=Deletes the space between Items Print Manuf Name (YIN)? N <Y>=Prints Manuf Name on separate line beneath Item Description Expiration Date: ALL Prints Contracts/Specs with expiration date on or before date entered Print Vendor Ref (YIN)? Y Contract KENTPD KENT POLICE DEPT. (253) 856-5800 MAIN PATROL UNIFORMS Fax (253) 856-6803 MAIN Expire Date: 3/01/13 KENT, WA 98032 UPDATED 12-17-13-62, PRICING BASED ON WA STATE CONTRACT OFFICERS CAN PURCHASE ANY PLAIN TOE BOOT UP TO ACADIA $220 NAMETAPE TO BE PUT ABOVE RT POCKET/5/11/12-62 nylon or leather, officer choice Lin Item Vendor Item Retail Cust Special Num Code Reference Description Oty Price Price Instructions B5 011316 48W39 86 SHIRT/MENS/L.S./PERFECT MAT 59.95 CLASS A OR B OPTION/NO CLOTH NAM IF CLASS A C 350023 S/0 TWO EMB'S SEW EMBLEM EACH SLEEVE 1 0.00 C 351126 SHZIPB SEW ZIPPER W/BUTTONS 1 7.00 86 011317 48W39 86 O/S SHIRT.MENS/L.S./PERFECT MAT 64.95 CLASS A OR B OPTION/NO CLOTH NAM IF CLASS A C 350023 S/O TWO EMB'S SEW EMBLEM EACH SLEEVE 1 0.00 C 351126 SHZIPB SEW ZIPPER W/BUTTONS 1 7.00 87 011318 98R39 86 SHIRT/MENS/S.S./PERFECT MAT 54.95 CLASS B/MUST HAVE CLOTH NAME C 350023 S/O TWO EMB'S SEW EMBLEM EACH SLEEVE 1 0.00 C 351126 SHZIPB SEW ZIPPER W/BUTTONS 1 7.00 C 350120 S/O NAME SEW NAME EMBLEM ON GARMENT 1 0.00 ABOVE RT POCKET C 342291 22DNDN NAMETAG 3/4"x3" DK NAVY BRDR & BKGR 1 5.00 PEARL GREY OR NORDSTROM GOLD 88 011319 98R39 86 O/S SHIRT/MENS/S.S./PERFECT MAT 56.95 CLASS B/MUST HAVE CLOTH NAME C 350023 S/O TWO EMBIS SEW EMBLEM EACH SLEEVE 1 0.00 C 351126 SHZIPB SEW ZIPPER W/BUTTONS 1 7.00 C 350120 S/O NAME SEW NAME EMBLEM ON GARMENT 1 0.00 ABOVE RT POCKET C 342291 22DNDN NAMETAG 3/4"x3" DK NAVY ERDR & EKGR 1 5.00 PEARL GREY OR NORDSM GOLD 103 Run Date 4/15/14 C O N T R A C T P R I C I N G / S 2 E C S L I S T Page 2 Run Time 4:43 PM BLUMENTHAL UNIFORMS User 62 Contract KENTPD KENT POLICE DEPT. (253) 856-5800 MAIN PATROL UNIFORMS Fax (253) 856-6803 MAIN Expire Date: 3/01/13 KENT, WA 98032 UPDATED 12-17-13-62, PRICING BASED ON WA STATE CONTRACT OFFICERS CAN PURCHASE ANY PLAIN TOE BOOT UP TO ACADIA $220 NAMETAPE TO BE PUT ABOVE RT POCKET/5/11/12-62 nylon or leather, officer choice Lin Item Vendor Item Retail Cust Special Num Code Reference Description Qty Price Price Instructions 222 016000 7M76SNV/ST62NV SHIRT, SS ACADEMY, NAVY 18.50 STATE CONTRACT C 350023 S/O TWO EMB'S SEW EMBLEM EACH SLEEVE 1 4.00 C 351132 SHCREASE SEW IN MILITARY CREASES IN 1 8.00 95 020314 204W39 86 SHIRT L/S PERFECT MATCH 66.95 CLASS A OR B OPTION/NO CLOTH NAM IF CLASS A C 350023 S/O TWO EMB'S SEW EMBLEM EACH SLEEVE 1 0.00 C 351126 SHZIPB SEW ZIPPER W/BUTTONS 1 7.00 97 020316 254R39 86 SHIRT S/S PERFECT MATCH 59.95 CLASS B/MUST HAVE CLOTH NAME C 350023 S/O TWO EMB'S SEW EMBLEM EACH SLEEVE 1 0.00 C 361126 SHZIPB SEW ZIPPER W/BUTTONS 1 7.00 C 350120 S/O NAME SEW NAME EMBLEM ON GARMENT 1 0.00 ABOVE RIGHT POCKET C 342291 22DNDN NAMETAG 3/4"x3" DK NAVY BRDR & BKGR 1 5.00 PEARL GREY OR NORDSTROM GOLD 98 020317 254R39 86 CIS SHIRT S/S PERFECT MATCH 0/S 59.95 CLASS B/MUST HAVE CLOTH NAME C 350023 9/0 TWO EMB-S SEW EMBLEM EACH SLEEVE 1 0.00 C 3SI126 SHZIPB SEW ZIPPER W/BUTTONS 1 7.00 C 350120 S/O NAME SEW NAME EMBLEM ON GARMENT 1 0.00 ABOVE RT POCKET C 342291 22DNDN NAMETAG 3/41lx3" DK NAVY BRDR & BKGR 1 5.00 PEARL GREY OR NORDSTOM GOLD 91 030646 39300 86 PANT/MENS/NAVY/CARGO 79.95 CLASS B PANT OPTION 92 030692 39300 86 O/S PANT/MENS/NAVY/CARGO 84.95 CLASS B PANT OPTION 93 030707 39300 O/S2 PANT/MENS/CARGO/PERFECT MAT 94.95 CLASS B PANT OPTION 90 030723 H39400 O/S PANT LAPD NVY PLY/RYN/LYC 0 64.95 CLASS A PANT OPTION 94 030724 H39400 O/S2 PANT LAPD NVY PLY/RYN/LYC 0 69.95 CLASS A PANT OPTION 223 031271 74003-724 PANT/MENS/DKNAVY/TAU/RIP ST 44.99 STATE CONTRACT 190 031558 39400 86 PANT/MENS/PERFECT MATCH 58.00 224 031922 74280-724 PANT/MENS/DK NAVY/TACLITE T 44.99 STATE CONTRACT 99 040327 39300W 86 PANT/WOMENS/NAVY/POLYRAY LY 79,95 CLASS B PANT OPTION 100 040344 3930OW 86 0/S PANT/WOMENS/NAVY/POLYRAY LY 84.50 CLASS B PANT OPTION 200 050949 48001-724 JACKET/MENS/3IN1 249.99 DUTY JACKET, NAVY STATE CONTRACT C 343593 10170 PANEL/REFLCTVE POLICE/3.5 X 2 9.95 ON FLAP AND ON LINER C 350120 8/0 NAME SEW NAME EMBLEM ON GARMENT 2 0.00 ON COAT AND LINER C 350023 S/O TWO EMB'S SEW EMBLEM EACH SLEEVE 2 0.00 COAT AND LINER C 355000 S/O BADGE SEW BADGE EMBLEM ON GARMENT 2 0.00 COAT AND LINER C 342291 22DNDN NAMETAG 3/4"x3" DK NAVY BRDR & BKGR 2 5.00 PEARL GREY OR NORDSTROM GOLD C 350015 S/0 PANEL SEW LARGE EMS/PANEL ON GARM 2 0.00 104 Run Date 4/15/14 C O N T R A C T P R I C I N G / S P E C S L I S T Page 3 Run Time 4:43 PM BLUMENTHAL UNIFORMS User 62 Contract KENTPD KENT POLICE DEPT. (253) 856-5800 MAIN PATROL UNIFORMS Fax (253) 856-6803 MAIN Expire Date: 3/01/13 KENT, WA 98032 UPDATED 12-17-13-62, PRICING BASED ON WA STATE CONTRACT OFFICERS CAN PURCHASE ANY PLAIN TOE BOOT UP TO ACADIA $220 NAMETAPE TO BE PUT ABOVE RT POCKET/5/11/12-62 nylon or leather, officer choice Lin Item Vendor Item Retail Cust Special Num Code Reference Description Qty Price Price Instructions 201 050950 48001-724 0/S JACKET/MENS/3 IN 1 259.99 DUTY JACKET STATE CONTRACT C 350023 S/O TWO EMB'S SEW EMBLEM EACH SLEEVE 2 0.00 COAT AND LINER C 343593 10170 PANEL/REFLCTVE POLICE/3.5 X 2 9.95 FLAP AND LINER C 355000 S/O BADGE SEW BADGE EMBLEM ON GARMENT 2 0.00 COAT AND LINER C 350120 S/O NAME SEW NAME EMBLEM ON GARMENT 2 0.00 COAT AND LINER C 342291 22DNDN NAMETAG 3/4"x3" DK NAVY BRDR & BKGR 2 5.00 PEARL GREY OR NORDSTROM GOLD C 350015 S/O PANEL SEW LARGE EMB/PANEL ON GARM 2 0.00 191 051794 48112-019 JACKET/MENS/BLACK/SABRE 2.0 249.00 DETECTIVE STATE CONTRACT C 330046 POLICEWHITE 1TH 1" THERMO POLICE, WHITE 1 5.00 C 330034 POLICEWHITE 3TH 3" THERMO POLICE, WHITE 1 9.95 C 355000 8/0 BADGE SEW BADGE EMBLEM ON GARMENT 1 0.00 SILVER OR GOLD 192 051808 48112-019 O/S SABRE JACKET BLACK 0/S 249.00 DETECTIVE STATE CONTRACT C 330046 POLICEWHITE 1TH 1" THERMO POLICE, WHITE 1 5.00 C 330034 POLICEWHITE 3TH 3" THERMO POLICE, WHITE 1 9.95 C 355000 S/O BADGE SEW BADGE EMBLEM ON GARMENT 1 0.00 GOLD OR SILVER 198 070349 JS PKT X-26 POCKET, TASER X-26 23.00 199 070355 CELL/PGR/CBN PK POCKET, JS CELL/PAGER/COBAN 10.00 196 070371 SC2001TPD JUMPSUIT, TACOMA PD SPEC 475.00 OFFICER MUST PAY DIFFERENCE FROM MEDIUM WEIGHT STATE CONTRACT C 350023 S/O TWO EMB'S SEW EMBLEM EACH SLEEVE 1 0.00 C 355000 S/0 BADGE SEW BADGE EMBLEM ON GARMENT 1 0.00 C 350120 S/0 NAME SEW NAME EMBLEM ON GARMENT 1 0.00 C 343611 TPD HVYWT 1"x5" DKNVY BKGRD/BRDR HVYW 1 0.00 PEARL GREY OR NORDSTROM GOLD 197 070373 SC2005TPD JUMPSUIT MID WT TACOMA PD S 485.00 STATE CONTRACT, MAIN JUMPSUIT NAVY C 350023 S/O TWO Emws SEW EMBLEM EACH SLEEVE 1 0.00 C 355000 S/0 BADGE SEW BADGE EMBLEM ON GARMENT 1 0.00 C 350120 S/O NAME SEW NAME EMBLEM ON GARMENT 1 0.00 C 343610 TPD MDWT 1"x5" DKNVY BKGRD/BRDR MDWT 1 0.00 PEARL GREY OR NORDSTROM GOLD C 330377 4" POLICE/REFL PANEL, APPLY TO JUMPSUIT 1 18,00 C 999990 NOTES NOTES 1 0.00 MAY PAY FOR UPGRADE TO HEAVY-WT 105 Run Date 4/15/14 C O N T R A C T P R I C I N G / S P E C S L I S T Page 4 Run Time 4:43 PM BLUMENTHAL UNIFORMS User 62 Contract KENTPD KENT POLICE DEPT. (253) 856-5800 MAIN PATROL UNIFORMS Fax (253) 856-6803 MAIN Expire Date: 3/01/13 KENT, WA 98032 UPDATED 12-17-13-62, PRICING BASED ON WA STATE CONTRACT OFFICERS CAN PURCHASE ANY PLAIN TOE BOOT UP TO ACADIA $220 NAMETAPE TO BE PUT ABOVE RT POCKET/5/11/12-62 nylon or leather, officer choice Lin Item Vendor Item Retail Cust Special Num Code Reference Description Qty Price Price Instructions 219 090106 5180 WHITE T-SHIRT BEEFY-T 6.50 STATE CONTRACT C 351234 LTR 2-SIDES HEAT APPLY LETTERS TO GARME 1 8.00 ACADEMY LETTERS STATE CONTRACT 220 090543 562M ASH SWEATSHIRT, JERZEES SOZ 12.50 STATE CONTRACT C 351234 LTR 2-SIDES HEAT APPLY LETTERS TO GARME 1 8.00 ACAD LETTERS, STATE BID 221 090544 973M ASH SWEATPANT, JERZEES SOZ 12.50 STATE CONTRACT 188 140140 P8005 CAP STRAP/SILVER/SNAKE STYL 9.95 8 148010 SEATTLE PD 1EYL HAT, SEATTLE 8-PT 44.95 49 151017 45055-61 TIE, NAVY, WMS, CLIP ON 10.95 1 29 151018 45015-61 TIE, NAVY, REG, CLIP ON 10.95 50 151619 45045-61 TIE NAVY LONG CLIP ON 10.95 117 180142 7200-17379 XS DUTY ELT/24-28"/QT#20101962 30.90 STATE CONTRACT 209 180175 7205-17705 XSM BELT LNR/24-28"/QT#20101962 17.09 STATE CONTRACT 122 180272 7200-19094 2XL DUTY BLT/54-58"/QT#20101962 30.90 STATE CONTRACT 81 180296 6605 BLACK BW BELT/BLACK BW/1.75" 12.31 STATE CONTRACT 214 180302 7205-17710 2XL BELT LNR/54-58"/QT#20101962 17.09 STATE CONTRACT 118 187381 7200-17380 SMAL DUTY BLT/28-34"/QT#20101962 30.90 STATE CONTRACT 119 187382 7200-17381 MED DUTY BLT/34-40"/QT#20101962 30.90 STATE CONTRACT 120 187383 7200-17382 LARG DUTY BLT/40-46"/QT#20101962 30.90 STATE CONTRACT 121 187384 7200-17383 XL DUTY BLT/46-52"/QT#20101962 30.90 STATE CONTRACT 210 187708 7205-17706 SMAL BELT LNR/28-34"/QT#20101962 17,09 STATE CONTRACT 211 187709 7205-17707 MED BELT LNR/34-40"/QT420101962 17.09 STATE CONTRACT 212 187710 7205-17708 LARG BELT LNR/40-46"/QT#20101962 17.09 STATE CONTRACT 213 187711 7205-17709 X-LG BELT LNR/46-52"/QT#20101962 17.09 STATE CONTRACT 7 188799 87-XX-8 DUTY BELT/BLACK BW/LINED 52.88 STATE CONTRACT 172 190044 21210W WSP BOOT/WMNS/ACADIA/NYLNLTHR/B 213.50 STATE CONTRACT 171 196501 21210 WSP BOOT/ACADIA/NYLON-LEATHER/B 213.50 STATE CONTRACT 141 250423 65-4 BELT KEEPER/.75"/SIL SNAP/B 3.50 84 250591 79145-22113 RADIO HOLDER/BW/UNIVERSAL 47.95 147 251101 33-4V GLOVE POUCH/BW/1 PR LATEX G 18.50 146 251102 33-3-4V GLOVE POUCH/13W/3 PR LTX GLO 18.95 145 252904 290-4 CUFF CASE/BW/DOUBLE/SIL SNA 42.95 28 255000 531 ELK BW SILV BLT KPR 3/4"/SLVR SNAP/SING 2,00 STATE CONTRACT 206 255006 570 BLK BW SLVR M-4 MACE HOLDER,W/SILVER SN 20.83 STATE CONTRACT 204 255012 508 BLK BW CUFF CASE, SINGLE, SILVER S 22.12 STATE CONTRACT 205 260033 700C HANDCUFF/CHAIN/NICKLE 21.41 STATE CONTRACT 216 263002 703C LEG IRONS/NICKLE/15" LENGTH 39.00 STATE CONTRACT 217 263003 801C HANDCUFF/HINGED/NICKLE 31.00 STATE CONTRACT 30 300449 A7510 RHD-SINGL F.T.O. PINS 5/16" C.B.-RHOD 23,60 193 301600 PE1090 EMBR STAR, GOLD/NAVY 2.95 106 154 302651 B2954 GOLD BADGE PER FOLLOWING SPECS 89.95 SNGLE PST SCREW BCK/BLU RMN LTRS LT BLU WA ST SEAL W/NVY ENML RIM C 300010 TOP PANEL 1 0.00. RANK: C 300011 2ND PANEL 1 0.00 KENT C 300017 SEAL AS FOLLOWS 1 0.00 LT BUTS BG W/NAVY ENML RIM C 300013 3RD PANEL 1 0.00 POLICE 107 Run Date 4/15/14 C O N T R A C T P R I C I N G / S P E C S L I S T Page 5 Run Time 4:43 PM BLUMENTHAL UNIFORMS User 62 Contract KENTPD KENT POLICE DEPT. (253) 856-5800 MAIN PATROL UNIFORMS Fax (253) 856-6803 MAIN Expire Date: 3/01/13 KENT, WA 98032 UPDATED 12-17-13-62, PRICING BASED ON WA STATE CONTRACT OFFICERS CAN PURCHASE ANY PLAIN TOE BOOT UP TO ACADIA $220 NAMETAPE TO BE PUT ABOVE RT POCKET/5/11/12-62 nylon or leather, officer Choice Lin Item Vendor Item Retail Cust Special Num Code Reference Description Qty Price Price Instructions 155 302653 B2954 TWO TONE BADGE PER FOLLOWIN SPECS 105.50 SNGLE PST SCREW BCK/BLU RMN LTRS LT BLU WA ST SEAL W/NVY ENML RIM 10 308001 50 NAMETAG FASTENER & WORDING TO BE: 15.95 SILVER GLOSSY BLUE LETTERS 170 310086 342P POLICE REFL ANSI II W/ZIP & LETTER 79.95 57 325001 SN1000 TRAFFIC N.W. TRAFFIC TEMPLATE 4" X 18.95 194 342291 22DNDN NAMETAG 3/4"x3" DK NAVY BRDR & BKGR 5.00 PEARL GREY OR NORDSTROM GOLD FI. LN SHIRT NAMETAG 203 343855 STARS FOR COLLA STARS4COLLARS/POSITION/COLD 7.50 NORDSTROM GOLD, 5/8", POSITION 2 SPECIFY NUMBER OF STARS 82 350039 PRISE ALTER RISE ON PANT 7.00 STATE CONTRACT 180 350120 S/O NAME SEW NAME EMBLEM ON GARMENT 2.00 STATE CONTRACT 61 351100 PWAIST ALTER WAIST ON PANT 5.00 STATE CONTRACT 58 351120 SHTAP TAPER SIDES ON SHIRT 6.75 STATE CONTRACT 59 351126 SHZIPB SEW ZIPPER W/BUTTONS 7.00 60 351136 S/O EMS SEW EMBLEM ON OUR GARMENT 2.00 STATE CONTRACT 75 355000 S/O BADGE SEW BADGE EMBLEM ON GARMENT 2.00 STATE CONTRACT 56 355003 9/0 CHEVRONS SEW PR OF CHEVRONS ON GARME 4.00 STATE CONTRACT 31 355006 S/O INSIGNIA SEW ON YEARS OF SERV. INSIG 2.00 STATE CONTRACT C 349999 34 MISC.EMBROIDERY/EMB/NAME/IN 1 2.50 ADD DRK NVY MERROW BORDER AT PATCHWORKS 128 370009 7311-18456 FLASHLIGHT HOLDER/NYL/ 6P 15.58 STATE CONTRACT 129 370144 7311-19657 FLASHLIGHT HOLDER/NYL/STING 15,58 STATE CONTRACT 123 370371 7326-22837 FLASHLIGHT HOLDER/NYL/SCORP 12.95 124 370372 7326-22838 FLASHLIGHT HOLDER/NYL/STING 12.95 215 370572 7406-15635 BELT KEEPER/BLACK/NYLON/4-P 9.51 STATE CONTRACT 218 370574 7409-14416 FLASHLIGHT RING/NYLON/BLACK 5.21 STATE CONTRACT 206 376600 7314S-18521 RADIO HOLDER/NYL/SWIVEL/UNI 25.00 STATE CONTRACT 126 376601 7316-18766 SILENT KEY HOLDER/NYLON 18.95 125 376611 7317-18772 DOUBLE CUFF CASE/NYLON/VELC 27.95 132 377391 7300-18190 CUFF CASE/NYLON/SNAP 16.04 STATE CONTRACT 131 377410 7302-18472 MAG POUCH/NYL/DBL/G-17/SNAP 21.99 STATE CONTRACT 130 377446 7307-18204 MACE HOLDER/NYLON/MK4/HID S 15.45 STATE CONTRACT 127 377454 7315-18480 PAGER-GLOVE POUCH/NYLON/VEL 19.95 207 378631 8963-1 FLASHLIGHT HOLDER,C-CELL,NY 5.24 STATE CONTRACT *** End of Report *** 108 This page intentionally left blank. 109 POLICE DEPARTMENT Ken Thomas, Chief of Police KENT Phone: 253-856-5800 WAsH-7— Fax: 253-856-6802 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: May 13, 2014 TO: Public Safety Committee SUBJECT: Valley Special Weapons and Tactics Team Interlocal Agreement -Recommend MOTION: Move to recommend Council adopt the proposed resolution authorizing the Mayor to sign the Valley Special Weapons and Tactics Team Interlocal Agreement that establishes and maintains a multi-jurisdictional SWAT team to effectively respond to high risk criminal occurrences, with final agreement terms and conditions acceptable to the Police Chief and City Attorney. SUMMARY: In 2001, the cities of Auburn, Kent, Renton, Tukwila, and the Port of Seattle entered into an interlocal cooperative agreement that established a multi-jurisdictional team to effectively respond to high risk criminal occurrences. This agreement was then amended in 2003 and again in 2007, to admit the cities of Federal Way and Des Moines into the cooperative effort. In 2010, the jurisdictions began the process of amending the interlocal agreement to remove the City of Des Moines as a formal team member and to officially change the name of the cooperative effort from the Valley Special Response Team (Valley SRT) to the Valley Special Weapons and Tactics Team (Valley SWAT). Recently, the City of Kent realized that the 2010 version of the interlocal agreement had not been fully-executed by all member agencies. The Kent Police Chief is working with the Valley SWAT team to ensure all jurisdictions route this interlocal agreement through their respective governing bodies for approval. Although state law does not require the City of Kent to adopt a resolution authorizing the Mayor to sign the interlocal agreement, Section XXIII of the agreement does provide that the agreement shall be executed by an authorized representative pursuant to an appropriate resolution or ordinance. Therefore, that required resolution accompanies this item. Exhibit: Resolution and Interlocal Cooperative Agreement for Valley Special Weapons and Tactics Team Budget Impact: None S:\PUBLIC\POLICE\Public Safety Committee\2014\May 2014\Valley Special Weapons And Tactics Team ILA Motion.Docx 110 RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, authorizing the Mayor to sign the interlocal agreement with the cities of Auburn, Federal Way, Renton, and Tukwila, and the Port of Seattle to establish and maintain a multi- jurisdictional team known as the 'Valley Special Weapons and Tactics Team" to effectively respond to high risk criminal occurrences. RECITALS A. In 2001, the cities of Auburn, Kent, Renton, Tukwila, and the Port of Seattle established through an interlocal cooperative agreement a multi-jurisdictional team to effectively respond to high risk criminal occurrences. The original name of this multi-jurisdiction team was the "Valley Special Response Team," or "Valley SRT." While the founding member agencies have consistently remained in the cooperative effort, the interlocal agreement was subsequently amended in 2003, and again in 2007, to admit the cities of Federal Way and Des Moines, respectively. The City of Des Moines subsequently decided to withdraw from participation. B. In 2010, the remaining members of the cooperative effort began the process of amending the interlocal agreement to formally remove the City of Des Moines as a team member and to rename the 1 Valley SWAT Interlocal Agreement (2010) 111 cooperative effort as the "Valley Special Weapons and Tactics Team," or "Valley SWAT." Recently, the City of Kent discovered that the 2010 version of the interlocal agreement had not been fully executed by all member agencies. While not required by state law, the interlocal agreement does include a provision that requires the governing body to adopt a resolution authorizing the Mayor to sign the interlocal agreement. C. In accordance with the terms of the interlocal agreement, and in order for Kent to continue to participate as a member agency of Valley SWAT, the City Council adopts this resolution authorizing the Mayor to sign the interlocal agreement on behalf of the City of Kent. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. - Mayor Authorized. The Mayor is authorized by this resolution to execute an interlocal agreement for the City of Kent to join the Valley Special Weapons and Tactics Team as a member agency, which agreement shall be in substantial conformity with the agreement attached and incorporated as Exhibit A, but ultimately subject to final terms and conditions acceptable to the Police Chief and the City Attorney. The Mayor is further authorized to implement any administrative procedures, designate any required staff, and take all other acts necessary to carry out the directives of this legislation and the interlocal agreement. However, this authorization is not intended to allow the Mayor to expend funds, except as required by the agreement and as approved through any required state and local bid and procurement processes. 2 Valley SWAT Interlocal Agreement (2010) 112 SECTION 2. - Severability. If any section, subsection, paragraph, sentence, clause or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. SECTION 3. - Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION 4. - 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 resolution, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or resolution numbering and section/subsection numbering. SECTION 5. - Effective Date. This resolution shall take effect and be in force immediately upon its passage. PASSED at a regular open public meeting by the City Council of the City of Kent, Washington, this day of May, 2014. CONCURRED in by the Mayor of the City of Kent this day of May, 2014. SUZETTE COOKE, MAYOR ATTEST: RONALD MOORE, CITY CLERK 3 Valley SWAT Interlocal Agreement (2010) 113 APPROVED AS TO FORM: ARTHUR FITZPATRICK, ACTING CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. passed by the City Council of the City of Kent, Washington, the day of May, 2014. RONALD MOORE, CITY CLERK P:\Civil\Resolution\Valley SWAT-2010 Interlocal Agreement.doc 4 Valley SWAT Interlocal Agreement (2010) 114 yr. n 1NTERLOCAL COOPERATIVE AGREEMENT BETWEEN AUBURN, FEDERAL WAY, KENT, RENTON, TUKWILA, AND THE PORT OF •SEATTLE, FOR CREATION OF THE VALLEY SPECIALWEAPONS, AND TACTICS TEA I. PARTIES The parties to this Agreement are the'Port of Seattle and the municipalitles of Auburn, Federal Way, Kent,,Renton; and Tukwila; each of which is a municipal corporation operating under the laws*of the State of Washington. II. AUTHORITY This Agreement is entered lhto pursuant to Chapters 10:93; 39,34, and 53,08 of the Revised Code of Washington. III. PURPOSE ' The parties hereto desire to establish and maintain a multi jurisdictional SWAT Team to effectively respond to high risk criminal occurrences as described below. IV, FORMATION There is hereby created a multi jurisdictional Team to be hereafter known as the "Valley Special Weapons and Tactics Team" ("VSWAT"), the members of which shall be the Port of Seattle, and the cities of Auburn, 'Federal Way, Kent, Renton, and. r ' Tukwila, The SWAT Team has been in existence for some time, and this Agreement is being re-entered into in order to remove the City of Des Moines as a SWAT Team member. The future admission or elimination of a Jurisdiction as a member of the SWAT Team may be accomplished by an addendum to-this agreement. V. STATEMENT OF-PROBLEM King County and the 'municipalities within the Puget Sound area have experienced Increasingly violent criminal confrontations due to, among other reasons, increased gang activity; increased drug abuse, distribution, and manufacturing.; increased urbanization; and increased population densities. The ability to safely control, contain, and resolve high risk criminal Incidents such as civil disobedience, barricaded subjects, hostage situations, gang member arrests,' high risk felony arrests, and narcotic or high risk search warrants has strained the resources of the members'- individual pafice departments, VALLEY SWATTEAH08-i9-2090 tNTE,'Zr,OCAL AGREEMENT Paga i 115 Law enforcement efforts directed at dealing with these high risk criminal incidents have, for the most part, been conducted by law enforcement agencies working Independently. A multi jurisdictional effort tb handle specific high risk criminal incidents, as well as incidents involving weapons of mass destruction; results in more effective pooling of personnel, improved utilization of municipal funds, reduced duplication of equipment, improved training, development•• of specialized • expertise, and increased •utilization/application of a combined special response team. This results In improved services for the citizens of all participating jurisdictions, Increased safety for officers and the community, and improved cost effectiveness. VI; TEAM OBJECTIVES The individual specialty units from each .participating*jurisdiction will be consolidated. and. combined to form the VSWAT Team. The SWAT Team shall service each participating jurisdiction, The VSWAT Team may also be available to outside law enforcement agencies as provided by chapter 10,93 RCW. The objective of the VSWAT Team Is to respond to specific high risk criminal Incidents in a manner that provides for the effective use of personnel, equipment, funds,,and training. The VSWAT Team shall respond as requested by any of the participating jurisdictions and provide a coordinated response-to high-risk Incidents. As special 'needs arise, It may be necessary to reque'st from other law enforcement agencies assistance and/or personnel, at the discretion of the VSWAT Team Incident Commander and/or the VSWAT Team Tactical Commander, VII. DURATION AND TERMINATION The minimum term of this Agreement shall be one (1) year, effective upon Its adoption. This Agreement shall automatically extend for consecutive one (1) year terms without action of the legislative bodies. of the participating jurisdictions, unless and until terminated pursuant to the terms of this Agreement.' A jurisdiction .may withdraw its participation In the VSWAT Team by providing written notice of its withdrawal, and serving such notice upon each Executive Board member of. the remaining jurisdictions. .A notice Of'withdrawal shall become effective ninety (90) days after service of the notice on all participating members. The VSWAT Team may be terminated by a majority vote of the Executive Board. Any vote for termination shall occur only when the police chief of each -participating jurisdiction Is present at the meeting in which such vote is taken. Vill. GOVERNANCE The affairs of the Team shall be governed by an .Executive Board ("Board"}, whose members are composed of the police chief,,or his/her designee, from each participating jurisdiction. Each member of the Board shall have an equal vote and voice on all Board decisions.. All Board decisions shall be made by a majority vote of the Board VALLEY SWATTEAM 08-19-2010 INTERLOCAL AGREEMENT Page 2 116 members, or their designees, appearing at the meeting.in which the decision is made. A majority of Board members, or their designees, must be present at each meeting for -any actions taken to be valid. A presiding officer shall be.elected by the Board together with such other officers as a majority.of the Board may decide. = The Board shall meet monthly,. unless .otherwise determined by the Board. The presiding officer, or any Board member, may calf extra meetings as deemed appropriate, The presiding 'officer shall provide no less than forty-eight (48) hours notice of all 'meetings to all members of. the -Board; PROVIDED, however, that in emergency situations, the presiding officer may'conduct a telephonic meeting br a poll of individual Board members to resolve any Issues related to such emergency, The-policies, regulations, and operational procedures in effect pursuant to the previous Interlocal agreement shall be In effect without action of the Board and until such time as they are subsequently altered by the Board. ' The VSWAT Team written policies, regulations, and operational procedures shall apply to all VSWAT Team operations. Thus, to the extent that the written policies, regulations,,and operational procedures'of .the VSWAT Team conflict with•tFie policies, regulations, and operational procedures of the individual jurisdictions, the VSWAT Team written policies, regulations, and procedures shall prevail. JX. STAFF A Tactical Commander, .which shall be a command. level officer, shall be appointed annually by the Board to act as the principal liaison and facilitator between the Board and the members of the VSWAT Team. The Tactical Commander shall operate under the direction of the presiding officer of the Board. The Tactical Commander shall 'be responsible.for informing the Board on all matters relating to the function, expenditures, accomplishments, training, number of calls that the VSWAT Team responds to, problems of the VSWAT Team, and any other matter as requested by the Board. The Tactical Commander may be removed by action of the Board at anytime and for any reason, with or without cause. The Tactical Commander shall prepare monthly written reports to.the Board on the actions, progress, and finances of the VSWAT Team. In addition, the Tactical Commander shall be responsible for presenting rules, procedures, regulations, and revisions thereto for Board approval. Each jurisdictipn' shall contribute six (6) full-time commissioned officers, which shall include at least one (1) Sergeant or other first level supervisor, to,be assigned to the VSWAT Team. Board approval must be obtained,for the jurisdiction to assign less than this staffing requirement. The personnel assigned to the. VSWAT Team shall be considered employees of the contributing jurlsdlction. The contributing jurisdiction shall be solely and exclusively responsible for the compensption and benefits for the personnel it contributes to the VSWAT Team. All rights, duties, and obllgatioris of the employer and the .employee shall remain with the contributing jurisdiction: Each jurisdiction shall be responsible for ensuring compliance with all applicable laws with VALLEY SWAT TEAM 08-19-2010 iNTERLOCAL AGREEMENT Page 3 117 1 regard to employees and with provisions of any applicable collective bargaining agreements and civil service rules and regulations, The Board may appoint the finance department of a participating jurisdiction to manage the finances of the VSWAT Team. Before appointing the finance department of a particular jurisdiction to manage the filnances' of the VSWAT Team, the Board.shall consult with the finance department of the jurisdiction and obtain Its approval, The duty of,managing the finances'of the VSWAT Team shall be.rotated to other participating, jurisdictions at the discretion of the Board. The Board may,, at Its discretion, appoint one (1) or more legal advisors to advise the Board on legal Issues.affecting the VSWAT Team. The legal advisor(s) shall, when appropriate or when requested by the Board, consult with the legal representatives of all participating jurisdictions before rendering legal advice, X. COMMAND AND CONTROL During field activation of the VSWAT Team, an Incident Commander, VSWAT Team •Tactical Commander, and VSWAT Team Team Leader(s) will be designated. The duties and procedures to be* utilized by the Incident Commander, the VSWAT Team Tactical Commander, and the VSWAT Team Team Leader(s) shall be set forth In the standard operating- procedures approved ' by the Board. The standard operating procedures approved by the board may designate other personnel to be utilized during an-incident. r XI.. EQUIPMENT, TRAINING, AND BUDGET Each participating jurisdiction shall acquire the equipment of its participating VSWAT Team members, Each participating jurisdiction shall provide sufficient funds to update, replace, repair, and maintain the equipment and supplies utilized by its participating VSWAT Team members, Each particlpating jurisdiction shall provide sufficlent funds to provide for training of Its participating VSWAT Team members. The equipment, supplies, and training provided by each jurisdiction to its personnel participating In the VSWAT Team shall, unless otherwise determined by the Board; be equal to those provided by the other particlpating jurisdictions. Each member jurisdiction shall maintain an independent budget system to account for funds allocated and expended by its participating VSWAT Team members, The Board must approve any joint capital expenditure for VSWAT Team equipment. XII. DISTRIBUTION OF.ASSETS UPON TERMINATION Termination shall be in accordance with those procedures set forth in prior sections. Each participating jurisdiction shall retain sole ownership of equipment purchased and provided to.its participating VSWAT Team members, VALLEY SWATTEAM 08-19-2010 INTERLOCAL AGREEMENT Page 4 118 Any assets acquired with joint fonds of the VSWAT Team shall be equally divided among the participating jurisdictions at the asset's fair market value upon terminatldn. The value of the assets of the VSWAT Team 'shall be determined by using commonly accepted- methods of valuation:' If two (2) or more participating jurisdictions desire an asset, the final decision shall be made by.arbitration (described below),, Any property not claimed. shall be declared surplus by the Board and disposed of pursuant•to•state law for the disposition of surplus property. The proceeds from the sale or disposition of any VSWAT Team property, after payment-of any and all costs of sale or debts of the agency, shall be equally distributed to those jurisdictions participating in the VSWAT Team at the time of dissolution in proportion to the jurisdiction's .percentage participation in the VSWAT Team as of the date of dissolution. In the event that one- (1) or more jurisdictions terminate their participation• In the VSWAT Team, but the ' VSWAT Team continues to exist, the jurisdiction terminating participation shall be deemed to have waived any right or title to any property owned by the VSWAT Team or to share in the proceeds at'the time of dissolution. Arbitration pursuant to this section shall occur as follows: A. The jurisdictions .interested in an. asset shall select one (1) person (Arbitrator) to determine which agency will receive the property. if the jurisdictions cannot agree to an.Arbitrator, the chiefs of the jurisdictions participating in the VSWAT Team upon dissolution shall meet to determine who the Arbitrator will be. The Arbitrator may be any person not employed by the jurisdictions that desire the property. B. During.a meeting with the Arbitrator, each jurisdiction Interested In the property shall be permitted to make an oral and/or written presentation to the Arbitrator in support of its position. C. At the conclusion of the presentation, the Arbitrator shall determine which jurisdiction is to'receive the property. The decision of the Arbitrator shall be final and shall not be the subject of appeal or review. KIIi. LiABiL.ITY, HOLD HARMLESS, AND INDEMNIFICATION It is the intent of the part!cipatincq'jurisdictions to provide services of the VSWAT,Team without the threat of being subject to liability to one another and to fully cooperate In the defense of any claims or lawsuits arising out of or connected with VSWAT Team actions that are brought against the jurisdictions. To this end, the participating jurisdictions agree to equally share.responslbiIity and liability for the acts or omissions of thblr participating personnel when acting in furtherance of this 'Agreement. In the event that an action is,brought against any,of the participating jurisdictions, each jurisdiction shall be responsible for an equal share of any award for or settlement of claims of dbmages, fines, fees, or costs,.regardless of which jurisdiction or employee the action is taken against or which jurisdiction or employee is ultimately responsible for the conduct. The jurisdictions shall share equally regardless of,the number of jurisdictions named In.the lawsuit or claim or the number of officers from each VALLEY SWAT TEAM 08-19-2010 INTERLaCAL AGREEMENT page 5 119 jurisdiction named in the lawsuit .or claim. This section shall be subject to the conditions and limitations set forth In subsections A through G below, A. Jurisdiction Not Involved in VSWAT Team Resoonse. In the event that a jurisdiction or its personnel were not Involved in the VSWAT Team response to the Incident that gives..rise to a claim or lawsuit, and judgment on the claim or lawsuit does not, in any manner, implicate the acts of a particular jurisdiction or Its personnel, such jurisdiction shall not be required,to share responsibility.for the payment of the judgment or award. B. Intentionally. Wrbngful Conduct Beyond the Scope' of Employment. Nothing herein shall require, or be interpreted to require'indemnification or sharing in the payment of*any judgment against any VSWAT Team personnel for.intentionally wrongful conduct that is butside of the scope of employment of any Individual or for any-judgment of punitive damages against any'individual or jurisdiction. Payment of any'award for punitive damages shall be the sole responsibility of the person or jurisdiction that employs the person against whom such award is rendered. C, Collective Representation and Defense, The Jurisdictions may retain joint legal-counsel to coil ectively-represent and defend the jurisdictions in any legal action. Those jurisdictions retaining joint counsel shall share equally the costs of such representation or defense. in the event a jurisdiction does not agree to joint representation, the jurisdiction shall be solely responsible for all aftorneys fees accrued by its individual representation or defense. The jurisdictions and them' respective defense counsel shall make a good faith attempt to cooperate with other participating jurisdictions by, including but not limited to, providing all documentation requested, and making VSWAT Team members available for depositions, discovery, ' settlement conferences, strategy meetings, and trial. D. Removal From Lawsuit. In the event a jurisdiction or employee Is successful in withdrawing or removing the jurisdiction or employee-from a lawsuit by summary judgment,. qualified immunity, or otherwise, the .Jurisdiction shall nonetheless be .required to pay its equal share of any award for or settlement of the lawsuit; PROVIDED, however, that in the event a jurisdiction or' employee is 'removed from the lawsuit and subsection (A) of this section is satisfied, the jurisdiction shall riot be required to pay any share of the award or settlement. E. Settlement Process. It Is the Intent of this Agreement that the jurisdictions ' act in good faith on behalf of each other In conducting settlement negotiations on liab*lllty claims or lawsuits,so that,whenever possible, all parties agree with,the settlement or, in the alternatiye, agree to proceed to"trial. In the event a claim or lawsuit requites the sharing of liability, no VACCEY SWAT TEAM 08-19 2010 INTERLOCAL AGREEMENT Page b 120 Individual jurisdiction shall' be 'authorized to enter Into a settlement agreement*with a claimant or-plaintiff unless all jurisdictions agree with- the terms of the. settlement,- Any settlement made• by an individual jurisdiction'without the agreement of ttie remalning jurisdictions, when required, shall not relieve the settling jurisdiction from paying an equal share of any final settlement or award. F. Defense Waiver. This section shall not be interpreted to waive any defense arising out of RCW Title 51. G. Irfsurance. The failure of any insurance carrier or self-insured pooling . organization to agree to or follow the terms of this section shall not relieve any Individual jurisdiction from its obligations under this Agreement. XIV. NOTICE OF CLAIMS, LAWSUITS, AND SETTLEMENTS in the event a claim Is filed or lawsuit Is brought against a participating jurisdiction or its employees for actions arising out of their conduct in support of VSWAT Team operations, 'the jurisdiction shall promptly notify the other jurisdictions that the claim or lawsuit has been initlated. Any documentation, including the claim or legal complaints, .shall promptly be provided to each participating jurisdiction, Ahy jurisdiction or member who believes or Knows that another jurisdiction would be ilable for a claim, settlement, or judgment that arises from a VSWAT Team action or operation, shall have the burden of notifying each participating jurisdiction of all claims, lawsuits, settlements, or demands made to that jurisdiction. In the event a participating jurlsdictlon has a right, pursuant to section XIiI of this Agreement, to be defended and held harmless by another participating jurisdiction, the jurisdiction having the right to be defended and held harmless shall promptly tender the defense of such claim or lawsuit to the jurisdiction that must defend and hold the other harmless. XV, PROCESSING OF CLAIMS. A: Designation of Lead Jurisdiction. There shall be a lead jurisdiction for processing a claim that Is filed with and against cities for alleged damage's and injuries that occur as a result of VSWAT- Team activities. The lead jurisdiction shall be the jurisdiction within which the VSWAT Team response occurred,* PROVIDED, that In the event the jurisdiction within which the VSWAT Team response occurred did not participate 'in the VSWAT Team response, the- lead jurlsdlction shall be the jurisdiction within which the incldent•that required the VSWAT Team response originated. In the event that a jurisdiction that was not Involved in the VSWAT Team response receives the claim, that jurisdiction shall notify the. other.jurisdictions. In accordance with Section XIV'of this Agreement, and shall use Its best efforts to determine who is the appropriate lead jurisdiction. VALLEY SWAT TEAM 08-19-20 10 iNTERLOCAL AGREEMENT Page 7 121 B. Assistance of Tactical Commander, The VSWAT Team Tactical Commander shall assist the lead jurisdiction• Ip responding to a claim. The VSWAT Team Tactical Commander shall . be responsible for gathering all records relating to the VSWAT Team response. These records shall Include, but are not limited to; incident reports, notes, transcripts, photos, evidence logs, recorded statements, documents from emergency dispatch centers, and warrants from. all jurisdictions that participated in the VSWAT Team response. The Tactical Commander shall also,provide a list of personnel who participated In the response and their contact information. The Tactical Commander shall deliver all copies of*the records to the lead jurisdiction promptly upon - request. C. Claims of$5,000 orless, 1. Lead Jurisdiction Responsiblilties. The lead jurisdiction shall be responsible far working with the Tactical Commander to gather records relating to the VSWAT Team response, The lead jurisdiction shall provide records'to Its insurance provider -and shall assist its insurance provider in assessing liability for- acts associated with the claim. The lead jurisdiction shall notify the other jurisdictions of any determinations as to liability. In determining whether a claim should be paid, the lead jurisdiction and Its insurance provider shall, at'a minimum, consider the potential legal defenses to the claim and the costs of defending the claim. ii. Liability, Determination—Apportionment of Damages. . The lead jurisdiction,Wth the assistance of its insurance provider and risk manager, shall determine whether the VSWAT Team Is liable for damages set forth Ina claim, and whether the payment of the claim would be In the best interest of the jurisdictions and/or the VSWAT Team. In the event the lead jurisdiction determines that payment of a claim is appropriate, such determination shall be final and binding upon other jurisdictions and payment shall be apportioned equally among all jurisdictions that participated.in the VSWAT. Team response, The insurance provider for, the lead jurisdiction shall provide full payment to the claimant, and each jurisdiction that participated in the response shall reimburse the insurance provider for its equal share of such payment.. Prior to. the payment of any claim, and as a condition of such payment, the insurance provider providing payment shall obtain from the claimant a complete and total release of liability on behalf of all jurisdictions participating In the VSWAT Team and each: and every officer, agent,.or volunteer of those participating jurisdictions. VALLEY SWAT TEAM 08-19-2010 1NTEkLOGAL AGREEMENT Page 8 122 , in the event the lead jurisdiction determines thaf the VSWAT Team is not liable for damages set forth in a claim or that'the payment of the claim .would not be In the best Interest of the 'jurisdictions and/or the VSWAT Team, the lead jurisdiction shall notify the other jurisdictions of the determination, and such determination shall be Nriding on the other jurisdictions; PROVIDED, that another jurisdiction that determines that payment Is appropriate may pay such' claim In full, and shall not seek reimbursement from the other participating jurisdictions, M. Letter From Insurance Adjusters. In the event a lead jurisdiction, In conjunction with its insurance provider, determines that payment of a claim is appropriate, the Insurance provider 'shall provide each of the participating jurisdictions with a letter stating the determination and the bases for such determination. D. Claims over$5,000. I. Lead Jurisdiction Responsibilities. The lead jurisdiction•shall schedule a meeting with all jurisdictions participating in the VSWAT .Team to discuss the claim and to determine the appropriate manner in which•to respond and/or defend the claim. The Board and persons listed in Section XVII of this Agreement shall be notified of the meeting. XVI.- PROCESSING OF LAWSUITS, A. Notification to Other Jurisdictions. In the event a jurtsdictloti is served with a lawsuit, that jurisdiction shall provide notice and documentation of the lawsuit to each of the other jurisdictions In accordance with Section X1V of this Agreement. B. Cdordination of Initial Meeting. The jurisdiction that Initially receives a lawsuit shall schedule a meeting with all of the jurisdictions participating in the VSWAT Team to discuss the lawsuit and to determine :the appropriate manner within which to respond and/or defend the lawsuit, The Board and persons listed in ' Section XVil 'of this Agreement shall be notified of the meeting. XVII. NOTIFICATION OF CLAIMS AND LAWSUITS. Section XIV of this Agreement requires that the jurisdiction receiving a claim or lawsuit notify tITe other jurisdictions of the claim or lawsuit and provide documentation of that•claim or lawsuit to the other jurisdictions. Nothing in this Agreement shall be deemed a waiver by any participating jurisdiction of the VALLEY SWAT TEAM 03-19-20 10 INTERLOGAL AGREEMENT page 9 123 requirements set forth in Chapter 4,96 RCW, and the fact that a participating jurisdiction provides hotice or copies of a claim to another jurisdiction shall not be deemed compliance with the requirement that a party who files suit against a jurisdiction first file-a claim with the jurisdiction in accordance with Chapter 4.96 RCW. Moreover, nothing in this Agreement shall be deemed "acceptance of service of a lawsuit, and the fact that a participating jurisdiction provides notice or copies of a laivsult to another jurisdiction shall not be..deemed adequate service-of such 'lawsuit in accordance with the State or [;ederal Rules of Civil Procedure or the 'Revised Code of Washington. For the purposes of implementing Section XIV of this Agreement, the following persons from each jurisdiction shall receive any required notification or documentation: ubdrn• 'Kent: Auburn City Attorney 25 West Main Street Kent City Attorney Auburn, WA 98001 220 41h Avenue South (253)931-3030 Kent, WA 98032 (253) 856-5781 Auburn Police Chief Kent Risk Manager 340 Fast Main Street„Suite 201 220 4`h Avenue South Auburn, WA 98002 Kent, WA 98032 (253)931-3080 (253) 856-5285 Auburn Human Resources ' Kent City Clerk Director/Risk Manager 220 4th Avenue South 25 West Main Street Kent, WA 98032 Aubum, WA 98001 (253) 856-5728 (253)931-3040 Auburn City Clerk Kent Police Chief 25 West Main Street 220 4th Avenue South Auburn, WA 98001 Kent, WA 98032 (253)931-3039 (253) 856-5888 Port of Seattle: Federal Way: : Port of Seattle Claims Manager Federal Way City Clerk' RO. Box 68727 - 33325—8th Avenue South Seattle, WA 98168 Federal,Way, WA 98003 Tukwila: Federal Way City Attorney 33325--81h Avenue South City Clerk Federal Way, WA •98003 VALLEY SWAT TEAM 08-19.2010 1NTERLOGAL AGREEMENT. Page I ) 124 City of Tukwila 6200 Southcenter Blvd. " Tukwila, WA '98188 WCIA: Renton Claims Manager Renton Risk Manager WCIA 1055 So. Grady Way P,O. Box 1165 Renton, WA 98057 Renton, WA 98057 CLAW: Director of Claims Canfield &Associates, Inc. 451 Diamond Drive Ephrata, WA R8823 � XVIiI. COMPLIANCE WITH THE LAW The VSWAT Team and all Its members shall comply with all federal, state, and local laws that apply to the VSWAT Team. XiX. ALTERATIONS This Agreement may be modified, amended, or altered by agreement of all participating jurisdl'cti.ons and such alteration, amendment, or modification shall be effective when reduced .to writing and executed in a manner consistent with paragraph XXIII of this Agreement. XX. RECORDS Each Jurisdiction shall maintain training records related to the VSWAT Team for a minimum of seven (7) years, A copy of these records will be forwarded and maintained with the designated VSWAT Team Training Coordinator, All records shall be available for full Inspection and copying by each participating jurisdiction, XXi. FILING Upon execution hereof, this Agreement shall be filed with the city clerks of the respective participating municipalities, and such other governmental-agencies as may be required by law. XXI1.: SEVERABIL.ITY VALLEY SWAT TEAM OB-19-20•10 INTERLOGALA13REEMENV Page 11 125 If any part, paragraph, section, or provision of this Agreerimen#.is held to be:invalld by • any court of competent jurisdiction, such adjudicatioh shall not affect the validity of any remaining section, part, or provision of this Agreement. XXIII. MUNICIPAL AUTHORIZATIONS This Agreement shall be executed on behalf of each participating jurisdiction by Its duly authorized representative and pursuant to an appropriate resolution or ordinance of the governing body of each participating jurisdiction. This Agreement shall-be deemed effective upon.the-last date of execution by the last so authorized representative. This Agreement may be executed by counterparts and be valid as If each authorized representative had signed the original document. By sIgning below, the signor certifies that he or she has the authority to sign this Agreement on behalf of the jurisdiction, and the jurisdiction agrees to the terms of this Agreement.' Mayor, City of Auburn Date . City Attorney, City of Auburn Date City Clerk, City of Auburn Date Mayor, City of Renton Date City Attorney, City of Renton Date City Clerk, City of Renton Date Mayor, City of Tukwila Date City Attorney, Clty.of Tukwila Date City Clerk, City of Tukwila Date Mayor, City of Kent Date City Attorney, City of Kent -Date City Clerk, City of Kent Date City Manag r, of Federal Way Date AQ1tyAtt 'e , City of Federal Way ate VALLEY SWAT TEAM.W-19-2010 INTERLOCAL AGREEMENT Page 13 126 Clty Clerk, Clty of Fe eral WtV Date Chlef Executive officer, Port of Seattle 'Date Port Counsel;Port of Seattle. Date VALLEY SWAT TEAM 0E-19-20 t 0 INTERLOI::AL AGREBAENT Page 1.1 127 POLICE DEPARTMENT Ken Thomas, Chief of Police KENT Phone: 253-856-5800 WA511IGTON Fax: 253-856-6802 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: May 13, 2014 TO: Public Safety Committee SUBJECT: Police Chief's Update - Information Only Information Only SUMMARY: Ken Thomas, city of Kent Police Chief, will present information regarding current events affecting the police department.