HomeMy WebLinkAboutCAG2023-570 - Original - WA State Department of Commerce - Community Immersion Law Enforcement Program (CILEP) - 10/15/2023 DocuSign Envelope ID:D7B8A411-E540-47FE-8B03-F26C42B5916B NT OFFICIAL USE ONLY
Sup/Mgr:
greement Routing Form DirAsst:
• For Approvals,Signatures and Records Management Dir/Dep:
KENT This form combines&replaces the Request for Mayor's Signature and Contract Cover (optional)
W A S H I N G T O N Sheet forms. (Print on pink or cherry colored paper)
Originator: Department:
Sara Wood Police
Date Sent: Date Required:
> 11/08/2023 11/15/2023
Q Mayor or Designee to Sign. Date of Council Approval:
Q
Q Interlocal Agreement Uploaded to Website 11/7/2023
Budget Account Number: Grant? Yes No El
N/A
Budget? Yes E]No Type: State
Vendor Name: M Category
Department of Commerce, Washington State Grant: Non-Real Property
Vendor Number: Sub-Category:
Original
O
Project Name: Community Immersion Law Enforcement Program (CILEP)
CProject Details: Need this funding packet signed by Mayor Ralph to execute the grant
agreement with Washington State Department of Commerce which will fund
*, the police department CILEP program for one year.
C
Basis for Selection of Contractor:
E AgreementAmoun 110 QQQ Interlocal Agreement
__ Memo to Mayor must be attached
W Start Date: 10/1/2023 Termination Date: 9/30/2024
Q Local Business? Yes Fv—(]No*If meets requirements per KCC 3.70.100,please complete'Vendor Purchose-Locol Exceptions"form on Cityspace.
Business License Verification: ❑✓ Yes In-Process❑Exempt(KCC 5.01.045) ❑Authorized Signer Verified
Notice required prior to disclosure? Contract Number:
Yes ✓❑No CAG2023-570
Comments:
qq
L
Vf O
DC
Date Received:City Attorney: 11/8/23 Date Routed:Mayor's Office 11/8/23 City Clerk's Office 11/9/23
adccW22373_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements
rev.20221201
DocuSign Envelope ID: D7B8A411-E540-47FE-8B03-F26C42B5916B
Washington State
Department of
Commerce
Federal Interagency Agreement with
City of Kent
through
Office of Firearm Safety & Violence Prevention — Community Safety
Unit
Contract Number:
F22-34440-506
For
Building program capacity of the Community Immersion Law Enforcement Program in the
Kent Police Department enhancing community collaborations and expanding program
delivery.
Dated: Sunday, October 15, 2023
DocuSign Envelope ID:D7138A411-E540-47FE-81303-F26C4213591613
1^iaShiing.on Slale
fist Cammer c
Table of Contents
TABLEOF CONTENTS.......................................................................................................................................... 2
FACESHEET ...................................................................................................................... 3
SPECIAL TERMS AND CONDITIONS...................................................................................................................... 4
1. AUTHORITY......................................................................................................................................................4
2. ACKNOWLEDGEMENT OF FEDERAL FUNDING.................................................................................................4
3. CONTRACT MANAGEMENT.............................................................................................................................4
4. COMPENSATION..............................................................................................................................................4
5. SUBCONTRACTOR DATA COLLECTION.............................................................................................................4
6. INDIRECTCOSTS ..............................................................................................................................................4
7. BILLING PROCEDURES AND PAYMENT.............................................................................................................4
8. AUDIT..............................................................................................................................................................5
9. FRAUD AND OTHER LOSS REPORTING.............................................................................................................6
10. DEBARMENT....................................................................................................................................................6
11. INSURANCE......................................................................................................................................................7
12. ORDER OF PRECEDENCE..................................................................................................................................7
GENERAL TERMS AND CONDITIONS.................................................................................................................... 8
1. DEFINITIONS....................................................................................................................................................8
2. ALL WRITINGS CONTAINED HEREIN.................................................................................................................9
3. AMENDMENTS................................................................................................................................................9
4. ASSIGNMENT...................................................................................................................................................9
5. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION ...........................................................................9
6. COPYRIGHT......................................................................................................................................................9
7. DISPUTES.......................................................................................................................................................10
8. GOVERNING LAW AND VENUE......................................................................................................................10
9. INDEMNIFICATION ........................................................................................................................................10
10. LICENSING,ACCREDITATION AND REGISTRATION.........................................................................................10
11. RECAPTURE....................................................................................................................................................10
12. RECORDS MAINTENANCE..............................................................................................................................11
13. SAVINGS........................................................................................................................................................11
14. SEVERABILITY.................................................................................................................................................11
15. SUBCONTRACTING........................................................................................................................................11
16. SURVIVAL.......................................................................................................................................................11
17. TERMINATION FOR CAUSE ............................................................................................................................12
18. TERMINATION FOR CONVENIENCE................................................................................................................12
19. TERMINATION PROCEDURES.........................................................................................................................12
20. TREATMENT OF ASSETS.................................................................................................................................13
21. WAIVER .........................................................................................................................................................14
ATTACHMENT A:SCOPE OF WORK....................................................................................................................15
ATTACHMENT B: BUDGET.................................................................................................................................18
Page 2 of 19
DocuSign Envelope ID:D7138A411-E540-47FE-81303-F26C4213591613
. %Washing.on Slate
fist Commer e
Face Sheet
Contract Number: F22-34440-506
Community Services Division—Community Safety Unit ❑Subrecipient
Justice Assistance Grant (JAG) Innovation Fund ®Contractor
1. Contractor 2. Contractor Doing Business As (as applicable)
City of Kent
Mailing Address: 220 4th Ave S, Kent, WA 98032
3. Contractor Representative 4. COMMERCE Representative
Sara Wood Anica Stieve 1011 Plum St. SE
Community Education Coordinator, Kent Police JAG Program Manager Olympia, WA 98504
Department 360-890-6199
(253)856-5856 Anica.stieve(a)commerce.wa.gov
swood(a)kentwa.gov
5. Contract Amount 6. Funding Source 7. Start Date 8. End Date
$110,000 Federal: ® State: ❑ Other: ❑ N/A: ❑ 10/15/2023 9/30/2024
9. Federal Funds (as applicable) Federal Agency: ALN Indirect Rate
$110,000 Department of Justice 16.738 De Minimus 10%
10. Tax ID# 11. SWV# 12. UB1# 13. UE1 #
91.6001254 SWV0000552 173-000-002 GALJSHR132EM6
14. Contract Purpose
To build program capacity of the Community Immersion Law Enforcement Program in the Kent Police Department by
enhancing community collaborations and expanding program delivery.
COMMERCE,defined as the Department of Commerce, and the Contractor, as defined above, acknowledge and accept the terms of this
Contract and attachments and have executed this Contract on the date below to start as of the date and year referenced above.The rights
and obligations of both parties to this Contract are governed by this Contract and the following other documents incorporated by reference:
Contractor Terms and Conditions including Attachment"A"—Scope of Work Attachment"B"—Budget
FOR CONTRACTOR FOR COMMERCE
DocuSigned by:
� -
Dana Ralph, Mayor Cindy Guertin-Anderson, Assistant Director
11/14/2023 1 8:32 AM PST
Signature Date
11/08/2023 APPROVED AS TO FORM ONLY
Date BY ASSISTANT ATTORNEY GENERAL
APPROVAL ON FILE
Page 3 of 19
DocuSign Envelope ID:D7138A411-E540-47FE-81303-F26C4213591613
. %Washing.on Slate
fist/Commer e
Special Terms and Conditions
1. AUTHORITY
COMMERCE and Contractor enter into this Contract pursuant to the authority granted by the Interlocal
Cooperation Act, Chapter 39.34 RCW.
2. ACKNOWLEDGEMENT OF FEDERAL FUNDING
Federal Award Date: 10/1/20; 10/1/21
Federal Award Identification Number (FAIN): 15PBJA-21-GG-00291-JAGX; 15PBJA-22-GG-
00610-JAGX
Total amount of the federal award: $3,644,335; $3,721,562;
The Contractor agrees that any publications (written, visual, or sound) but excluding press releases,
newsletters, and issue analyses, issued by the Contractor describing programs or projects funded in
whole or in part with federal funds under this Contract, shall contain the following statements:
"This project was supported by Grant No. 15PBJA-21-GG-00291-JAGX; 15PBJA-22-GG-00610-
JAGX awarded by Office of Justice Programs (OJP) Department of Justice (DOJ). Points of view in
this document are those of the author and do not necessarily represent the official position or policies
of the Department of Justice. Grant funds are administered by the Community Safety Unit,
Washington State Department of Commerce."
3. CONTRACT MANAGEMENT
The Representative for each of the parties shall be responsible for and shall be the contact person
for all communications and billings regarding the performance of this Contract.
The Representative for COMMERCE and their contact information are identified on the Face Sheet
of this Contract.
The Representative for the Contractor and their contact information are identified on the Face Sheet
of this Contract.
4. COMPENSATION
COMMERCE shall pay an amount not to exceed$110,000 for the performance of all things necessary
for or incidental to the performance of work as set forth in the Scope of Work.
5. SUBCONTRACTOR DATA COLLECTION
Contractor will submit reports, in a form and format to be provided by Commerce and at intervals as
agreed by the parties, regarding work under this Contract performed by subcontractors and the portion
of Contract funds expended for work performed by subcontractors, including but not necessarily
limited to minority-owned, woman-owned, and veteran-owned business subcontractors.
"Subcontractors" shall mean subcontractors of any tier.
6. INDIRECT COSTS
Contractor shall provide their indirect cost rate that has been negotiated between their entity and the
federal government. If no such rate exists a de minimis indirect cost rate of 10% of modified total
direct costs (MTDC)will be used.
7. BILLING PROCEDURES AND PAYMENT
COMMERCE will pay Contractor upon acceptance of services provided and receipt of properly
completed invoices, which shall be submitted to the Representative for COMMERCE on a monthly
Page 4 of 19
DocuSign Envelope ID:D7138A411-E540-47FE-81303-F26C4213591613
. %Washing.on Slate
%J'V Commer e
basis through the Secure Access Washington (SAW) portal. If contractor is billing monthly, the last
monthly invoice of the quarter may not be reimbursed without receipt of the coinciding required
quarterly report. Invoices and quarterly reports are due on the 20th of the month following the end of
the previous month or quarter.
The invoices shall describe and document, to COMMERCE's satisfaction, a description of the work
performed, the progress of the project, and fees. The invoice shall include the Contract Number F22-
34440-501. If expenses are invoiced, provide a detailed breakdown of each type. A receipt must be
retained by the contractor to document any single expenses in the amount of $50.00 or more;
commerce may request this documentation during contract monitoring activities. A copy of a General
Ledger (G/L) report from the contractor detailing all expenses billed to this contract on the quarterly
invoice will accompany each invoice in order to receive reimbursement.
Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after
receipt of properly completed invoices. Payment shall be sent to the address designated by the
Contractor.
COMMERCE may, in its sole discretion, terminate the Contract or withhold payments claimed by the
Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or
condition of this Contract.
No payments in advance or in anticipation of services or supplies to be provided under this Agreement
shall be made by COMMERCE.
Invoices and End of Fiscal Year
Invoices are due on the 20th of the month following the provision of services.
Final invoices for a state fiscal year may be due sooner than the 20th and Commerce will provide
notification of the end of fiscal year due date.
The Contractor must invoice for all expenses from the beginning of the contract through September
30, 2024 regardless of the contract start and end date.
Duplication of Billed Costs
The Contractor shall not bill COMMERCE for services performed under this Agreement, and
COMMERCE shall not pay the Contractor, if the Contractor is entitled to payment or has been or will
be paid by any other source, including grants, for that service.
Disallowed Costs
The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own
organization or that of its subcontractors.
COMMERCE may, in its sole discretion, withhold ten percent (10%) from each payment until
acceptance by COMMERCE of the final report(or completion of the project, etc.).
8. AUDIT
If the Grantee is a subrecipient and expends$750,000 or more in federal awards from any and/or all
sources in any fiscal year, the Grantee shall procure and pay for a single audit or a program-specific
audit for that fiscal year. Upon completion of each audit, the Grantee shall:
Page 5 of 19
DocuSign Envelope ID:D7138A411-E540-47FE-81303-F26C4213591613
. %Washing.on Slate
fist/Cammer e
A. Submit to COMMERCE the reporting package specified in Uniform Guidance 2 CFR 200,
reports required by the program-specific audit guide (if applicable), and a copy of any
management letters issued by the auditor.
B. Submit to COMMERCE follow-up and developed corrective action plans for all audit findings.
If the Grantee is a subrecipient and expends less than $750,000 in federal awards from any and/or
all sources in any fiscal year,the Grantee shall notify COMMERCE they did not meet the single audit
requirement. The Grantee shall send all single audit documentation to the Federal Audit
Clearinghouse.
9. FRAUD AND OTHER LOSS REPORTING
Contractor shall report in writing all known or suspected fraud or other loss of any funds or other
property furnished under this Contract immediately or as soon as practicable to the Commerce
Representative identified on the Face Sheet.
10. DEBARMENT
A. Grantee, defined as the primary participant and it principals, certifies by signing these
General Terms and Conditions that to the best of its knowledge and belief that they:
i. Are not presently debarred, suspended, proposed for debarment,declared ineligible,
or voluntarily excluded from covered transactions by any Federal department or
agency.
ii. Have not within a three-year period preceding this Grant, been convicted of or had a
civil judgment rendered against them for commission of fraud or a criminal offense
in connection with obtaining, attempting to obtain, or performing a public or private
agreement or transaction, violation of Federal or State antitrust statutes or
commission of embezzlement, theft, forgery, bribery, falsification or destruction of
records, making false statements, tax evasion, receiving stolen property, making
false claims, or obstruction of justice;
ill. Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity(Federal, State, or local)with commission of any of the offenses
enumerated in paragraph (1)(b)of federal Executive Order 12549; and
IV. Have not within a three-year period preceding the signing of this Grant had one or
more public transactions (Federal, State, or local)terminated for cause of default.
B. Where the Grantee is unable to certify to any of the statements in this Grant, the Grantee
shall attach an explanation to this Grant.
C. The Grantee agrees by signing this Grant that 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
COMMERCE.
D. The Grantee further agrees by signing this Grant that it will include the clause titled
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower
Tier Covered Transaction," as follows, without modification, in all lower tier covered
transactions and in all solicitations for lower tier covered transactions:
LOWER TIER COVERED TRANSACTIONS
i. The lower tier Grantee certifies, by signing this Grant 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.
Page 6 of 19
DocuSign Envelope ID:D7138A411-E540-47FE-81303-F26C4213591613
. %Washing.on Slate
fist/CommerM e
ii. Where the lower tier Grantee is unable to certify to any of the statements
in this Grant, such contractor shall attach an explanation to this Grant.
E. The terms covered transaction, debarred, suspended, ineligible, lower tier covered
transaction, person, primary covered transaction, principal, and voluntarily excluded, as
used in this section, have the meanings set out in the Definitions and Coverage sections of
the rules implementing Executive Order 12549. Grantee may contact COMMERCE for
assistance in obtaining a copy of these regulations.
11. INSURANCE
Each party certifies that it is self-insured under the State's or local government self-insurance
liability program, and shall be responsible for losses for which it is found liable.
12. ORDER OF PRECEDENCE
In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving
precedence in the following order:
• Applicable federal and state of Washington statutes and regulations
• Special Terms and Conditions
• General Terms and Conditions
• Attachment A—Scope of Work
• Attachment B—Budget
Page 7 of 19
DocuSign Envelope ID:D7138A411-E540-47FE-81303-F26C4213591613
. %Washing.on Slate
fist/Commer e
General Terms and Conditions
1. DEFINITIONS
As used throughout this Contract, the following terms shall have the meaning set forth below:
A. "Authorized Representative" shall mean the Director and/or the designee authorized in
writing to act on the Director's behalf.
B. "COMMERCE" or"Department" shall mean the Washington Department of Commerce.
C. "Contract" or "Agreement" or "Grant" means the entire written agreement between
COMMERCE and the Contractor, including any Exhibits, documents, or materials
incorporated by reference. E-mail or Facsimile transmission of a signed copy of this
contract shall be the same as delivery of an original.
D. "Contractor" or "Grantee" shall mean the entity identified on the face sheet performing
service(s) under this Contract, and shall include all employees and agents of the
Contractor.
E. "Modified Total Direct Costs"(MTDC)shall mean all direct salaries and wages, applicable
fringe benefits, materials and supplies, services, travel, and up to the first$25,000 of each
subaward (regardless of the period of performance of the subawards under the award).
MTDC excludes equipment, capital expenditures, charges for patient care, rental costs,
tuition remission, scholarships and fellowships, participant support costs and the portion
of each subaward in excess of$25,000.
F. "Personal Information"shall mean information identifiable to any person, including, but not
limited to, information that relates to a person's name, health, finances, education,
business, use or receipt of governmental services or other activities, addresses,telephone
numbers, social security numbers, driver license numbers, other identifying numbers, and
any financial identifiers, and "Protected Health Information" under the federal Health
Insurance Portability and Accountability Act of 1996 (HIPAA).
G. "State" shall mean the state of Washington.
H. "Subaward" shall mean an award provided by a pass-through entity to a subrecipient for
the subrecipient to carry out part of a Federal award received by the pass-through entity.
It does not include payments to a contractor or payments to an individual that is a
beneficiary of a Federal program. A subaward may be provided through any form of legal
agreement, including an agreement that the pass-through entity considers a contract.
I. "Subcontractor"shall mean one not in the employment of the Contractor,who is performing
all or part of those services under this Contract under a separate contract with the
Contractor. The terms "subcontractor" and "subcontractors" mean subcontractor(s) in any
tier.
J. "Subrecipient" shall mean a non-Federal entity that receives a subaward from a pass-
through entity to carry out part of a Federal program; but does not include an individual
that is a beneficiary of such program. A subrecipient may also be a recipient of
other Federal awards directly from a Federal awarding agency.
Page 8 of 19
DocuSign Envelope ID:D7138A411-E540-47FE-81303-F26C4213591613
. %Washing.on Slate
%J,V commer e
2. ALL WRITINGS CONTAINED HEREIN
This Contract contains all the terms and conditions agreed upon by the parties. No other
understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to
exist or to bind any of the parties hereto.
3. AMENDMENTS
This Contract may be amended by mutual agreement of the parties. Such amendments shall not be
binding unless they are in writing and signed by personnel authorized to bind each of the parties.
4. ASSIGNMENT
Neither this Contract, nor any claim arising under this Contract, shall be transferred or assigned by
the Contractor without prior written consent of COMMERCE.
5. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION
A. "Confidential Information" as used in this section includes:
i. All material provided to the Contractor by COMMERCE that is designated as
"confidential" by COMMERCE;
ii. All material produced by the Contractor that is designated as "confidential' by
COMMERCE; and
iii. All Personal Information in the possession of the Contractor that may not be disclosed
under state or federal law.
B. The Contractor shall comply with all state and federal laws related to the use, sharing,
transfer, sale,or disclosure of Confidential Information.The Contractor shall use Confidential
Information solely for the purposes of this Contract and shall not use, share, transfer, sell or
disclose any Confidential Information to any third party except with the prior written consent
of COMMERCE or as may be required by law. The Contractor shall take all necessary steps
to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing,
transfer, sale or disclosure of Confidential Information or violation of any state or federal laws
related thereto. Upon request,the Contractor shall provide COMMERCE with its policies and
procedures on confidentiality. COMMERCE may require changes to such policies and
procedures as they apply to this Contract whenever COMMERCE reasonably determines
that changes are necessary to prevent unauthorized disclosures. The Contractor shall make
the changes within the time period specified by COMMERCE. Upon request, the Contractor
shall immediately return to COMMERCE any Confidential Information that COMMERCE
reasonably determines has not been adequately protected by the Contractor against
unauthorized disclosure.
C. Unauthorized Use or Disclosure. The Contractor shall notify COMMERCE within five (5)
working days of any unauthorized use or disclosure of any confidential information, and shall
take necessary steps to mitigate the harmful effects of such use or disclosure.
6. COPYRIGHT
Unless otherwise provided, all Materials produced under this Contract shall be considered "works for
hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall
be considered the author of such Materials. In the event the Materials are not considered "works for
hire" under the U.S. Copyright laws, the Contractor hereby irrevocably assigns all right, title, and
Page 9 of 19
DocuSign Envelope ID:D7138A411-E540-47FE-81303-F26C4213591613
. %Washing.on Slate
fist/CommerM e
interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to
COMMERCE effective from the moment of creation of such Materials.
"Materials" means all items in any format and includes, but is not limited to, data, reports, documents,
pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes,
and/or sound reproductions."Ownership"includes the right to copyright, patent, register and the ability
to transfer these rights.
For Materials that are delivered under the Contract, but that incorporate pre-existing materials not
produced under the Contract, the Contractor hereby grants to COMMERCE a nonexclusive, royalty-
free, irrevocable license(with rights to sublicense to others) in such Materials to translate, reproduce,
distribute, prepare derivative works, publicly perform, and publicly display. The Contractor warrants
and represents that the Contractor has all rights and permissions, including intellectual property rights,
moral rights and rights of publicity, necessary to grant such a license to COMMERCE.
The Contractor shall exert all reasonable effort to advise COMMERCE, at the time of delivery of
Materials furnished under this Contract,of all known or potential invasions of privacy contained therein
and of any portion of such document which was not produced in the performance of this Contract.
The Contractor shall provide COMMERCE with prompt written notice of each notice or claim of
infringement received by the Contractor with respect to any Materials delivered under this Contract.
COMMERCE shall have the right to modify or remove any restrictive markings placed upon the
Materials by the Contractor.
7. DISPUTES
In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in
the following manner: Each party to this Agreement shall appoint one member to the Dispute Board.
The members so appointed shall jointly appoint an additional member to the Dispute Board. The
Dispute Board shall review the facts, Agreement terms and applicable statutes and rules and make a
determination of the dispute. The Dispute Board shall thereafter decide the dispute with the majority
prevailing. The determination of the Dispute Board shall be final and binding on the parties hereto.As
an alternative to this process, either of the parties may request intervention by the Governor, as
provided by RCW 43.17.330, in which event the Governor's process will control.
8. GOVERNING LAW AND VENUE
This Contract shall be construed and interpreted in accordance with the laws of the state of
Washington, and the venue of any action brought hereunder shall be in the Superior Court for
Thurston County.
9. INDEMNIFICATION
Each party shall be solely responsible for the acts of its employees, officers, and agents.
10. LICENSING, ACCREDITATION AND REGISTRATION
The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and
registration requirements or standards necessary for the performance of this Contract.
11. RECAPTURE
In the event that the Contractor fails to perform this Contract in accordance with state laws, federal
laws, and/or the provisions of this Contract, COMMERCE reserves the right to recapture funds in an
amount to compensate COMMERCE for the noncompliance in addition to any other remedies
available at law or in equity.
Repayment by the Contractor of funds under this recapture provision shall occur within the time period
specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payments
due under this Contract.
Page 10 of 19
DocuSign Envelope ID:D7138A411-E540-47FE-81303-F26C4213591613
. %Washing.on Slate
fist/Commer e
12. RECORDS MAINTENANCE
The Contractor shall maintain books, records, documents, data and other evidence relating to this
contract and performance of the services described herein, including but not limited to accounting
procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature
expended in the performance of this contract.
The Contractor shall retain such records for a period of six years following the date of final payment.
At no additional cost,these records, including materials generated under the contract,shall be subject
at all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by
COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law,
regulation or agreement.
If any litigation, claim or audit is started before the expiration of the six (6) year period, the records
shall be retained until all litigation, claims, or audit findings involving the records have been resolved.
13. SAVINGS
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
after the effective date of this Contract and prior to normal completion, COMMERCE may suspend or
terminate the Contract under the "Termination for Convenience" clause, without the ten calendar day
notice requirement. In lieu of termination, the Contract may be amended to reflect the new funding
limitations and conditions.
14. SEVERABILITY
The provisions of this contract are intended to be severable. If any term or provision is illegal or invalid
for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of
the contract.
15. SUBCONTRACTING
The Contractor may only subcontract work contemplated under this Contract if it obtains the prior
written approval of COMMERCE.
If COMMERCE approves subcontracting, the Contractor shall maintain written procedures related to
subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause,
COMMERCE in writing may: (a) require the Contractor to amend its subcontracting procedures as
they relate to this Contract; (b) prohibit the Contractor from subcontracting with a particular person or
entity; or(c) require the Contractor to rescind or amend a subcontract.
Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The
Contractor is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term
or condition of this Contract. The Contractor shall appropriately monitor the activities of the
Subcontractor to assure fiscal conditions of this Contract. In no event shall the existence of a
subcontract operate to release or reduce the liability of the Contractor to COMMERCE for any breach
in the performance of the Contractor's duties.
Every subcontract shall include a term that COMMERCE and the State of Washington are not liable
for claims or damages arising from a Subcontractor's performance of the subcontract.
16. SURVIVAL
The terms, conditions, and warranties contained in this Contract that by their sense and context are
intended to survive the completion of the performance, cancellation or termination of this Contract
shall so survive.
Page 11 of 19
DocuSign Envelope ID:D7138A411-E540-47FE-81303-F26C4213591613
. %Washing.on Slate
%JW commer e
17. TERMINATION FOR CAUSE
In the event COMMERCE determines the Contractor has failed to comply with the conditions of this
contract in a timely manner, COMMERCE has the right to suspend or terminate this contract. Before
suspending or terminating the contract, COMMERCE shall notify the Contractor in writing of the need
to take corrective action. If corrective action is not taken within 30 calendar days, the contract may be
terminated or suspended.
In the event of termination or suspension, the Contractor shall be liable for damages as authorized
by law including, but not limited to, any cost difference between the original contract and the
replacement or cover contract and all administrative costs directly related to the replacement contract,
e.g., cost of the competitive bidding, mailing, advertising and staff time.
COMMERCE reserves the right to suspend all or part of the contract, withhold further payments, or
prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged
compliance breach and pending corrective action by the Contractor or a decision by COMMERCE to
terminate the contract. A termination shall be deemed a "Termination for Convenience" if it is
determined that the Contractor: (1) was not in default; or (2) failure to perform was outside of his or
her control,fault or negligence.
The rights and remedies of COMMERCE provided in this contract are not exclusive and are, in
addition to any other rights and remedies, provided by law.
18. TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Contract, COMMERCE may, by ten (10) business days'written
notice, beginning on the second day after the mailing, terminate this Contract, in whole or in part. If
this Contract is so terminated, COMMERCE shall be liable only for payment required under the terms
of this Contract for services rendered or goods delivered prior to the effective date of termination.
19. TERMINATION PROCEDURES
Upon termination of this contract, COMMERCE, in addition to any other rights provided in this
contract, may require the Contractor to deliver to COMMERCE any property specifically produced or
acquired for the performance of such part of this contract as has been terminated. The provisions of
the "Treatment of Assets"clause shall apply in such property transfer.
COMMERCE shall pay to the Contractor the agreed upon price, if separately stated, for completed
work and services accepted by COMMERCE, and the amount agreed upon by the Contractor and
COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially
completed work and services, (iii)other property or services that are accepted by COMMERCE, and
(iv)the protection and preservation of property, unless the termination is for default, in which case the
Authorized Representative shall determine the extent of the liability of COMMERCE. Failure to agree
with such determination shall be a dispute within the meaning of the"Disputes"clause of this contract.
COMMERCE may withhold from any amounts due the Contractor such sum as the Authorized
Representative determines to be necessary to protect COMMERCE against potential loss or liability.
The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law or under this contract.
After receipt of a notice of termination, and except as otherwise directed by the Authorized
Representative, the Contractor shall:
A. Stop work under the contract on the date, and to the extent specified, in the notice;
B. Place no further orders or subcontracts for materials, services, or facilities except as may
be necessary for completion of such portion of the work under the contract that is not
Page 12 of 19
DocuSign Envelope ID:D7138A411-E540-47FE-81303-F26C4213591613
. %Washing.on Slate
%JW Commer e
terminated;
C. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the
Authorized Representative, all of the rights, title, and interest of the Contractor under the
orders and subcontracts so terminated, in which case COMMERCE has the right, at its
discretion, to settle or pay any or all claims arising out of the termination of such orders
and subcontracts;
D. Settle all outstanding liabilities and all claims arising out of such termination of orders and
subcontracts, with the approval or ratification of the Authorized Representative to the
extent the Authorized Representative may require, which approval or ratification shall be
final for all the purposes of this clause;
E. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent
directed by the Authorized Representative any property which, if the contract had been
completed, would have been required to be furnished to COMMERCE;
F. Complete performance of such part of the work as shall not have been terminated by the
Authorized Representative; and
G. Take such action as may be necessary, or as the Authorized Representative may direct,
for the protection and preservation of the property related to this contract, which is in the
possession of the Contractor and in which COMMERCE has or may acquire an interest.
20. TREATMENT OF ASSETS
Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property
furnished by the Contractor, for the cost of which the Contractor is entitled to be reimbursed as a
direct item of cost under this contract, shall pass to and vest in COMMERCE upon delivery of such
property by the Contractor. Title to other property, the cost of which is reimbursable to the Contractor
under this contract, shall pass to and vest in COMMERCE upon (i) issuance for use of such property
in the performance of this contract, or(ii)commencement of use of such property in the performance
of this contract, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in part,
whichever first occurs.
A. Any property of COMMERCE furnished to the Contractor shall, unless otherwise provided
herein or approved by COMMERCE, be used only for the performance of this contract.
B. The Contractor shall be responsible for any loss or damage to property of COMMERCE
that results from the negligence of the Contractor or which results from the failure on the
part of the Contractor to maintain and administer that property in accordance with sound
management practices.
C. If any COMMERCE property is lost, destroyed or damaged, the Contractor shall
immediately notify COMMERCE and shall take all reasonable steps to protect the property
from further damage.
D. The Contractor shall surrender to COMMERCE all property of COMMERCE prior to
settlement upon completion, termination or cancellation of this contract.
E. All reference to the Contractor under this clause shall also include Contractor's employees,
agents or Subcontractors.
Page 13 of 19
DocuSign Envelope ID:D7B8A411-E540-47FE-8B03-F26C42B5916B
. %Washing.on Slate
%J,V COMMer c e
21. WAIVER
Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or
breach. Any waiver shall not be construed to be a modification of the terms of this Contract unless
stated to be such in writing and signed by Authorized Representative of COMMERE
Page 14 of 19
DocuSign Envelope ID:D7138A411-E540-47FE-81303-F26C4213591613
. %Washing.on Slate
fist/Commer e
Attachment A: Scope of Work
JAG Innovation Fund Background &Context:
The JAG Innovation Fund is a new initiative within Washington's overall JAG strategy. During 2023, the
Washington JAG Advisory Committee developed a Strategic Plan to guide the investment of JAG funds
across the state. As part of the strategic plan, the JAG Innovation Fund will provide flexibility and broaden
the scope of the impact of the JAG program in Washington communities.
JAG Innovation Fund projects are new approaches, or adapted efforts based on lessons learned from
existing programs and projects, within communities. Innovative projects will offer fresh perspectives in an
effort to advance criminal legal system improvement and community health and safety. Projects funded
by the JAG Innovation Fund will work at the local, regional or state level to address emerging needs, and
implement best practices or new ideas. The intent of the JAG Innovation Fund is provision of resources to
new and/or adaptive efforts within the JAG Purpose Areas. The JAG Innovation Fund is a key component
of Washington's JAG Strategic Plan and aligns with Washington's JAG mission of "advancing criminal
legal system improvement in Washington state by investing in innovative, sustainable, and data-
driven practices to enhance community safety, increase collaboration and support victims of
crime and those involved in the criminal legal system."
Kent Police Department Community Immersion Law Enforcement Program (CILEP) Background &
Context
CILEP is a unique pre-academy internship program for newly hired police recruits in Kent, Washington.
The first of its kind in the United States, CILEP places newly hired police recruits in local non-profit
community agencies in the Kent community. The focus of the program is to help strengthen police-
community relationships, with particular attention placed on building relationships between the Kent
Police Department and the diverse communities within the City of Kent. In 2021, the Kent Police
Department(KPD) launched CILEP as a "pilot" program which was designed collaboratively with input
from various stakeholders including many Kent local community members and non-profit leaders.
Scope of Work Funded by this Contract:
In order to expand CILEP, KPD will assign eight newly hired officers to four Community Based
Organizations (CBOs) in Kent. KPD recruits will be assigned to work 40 hours a week embedded with the
CBO prior to any law enforcement training. The recruits will provide community service hours, completing
work to support the mission of the CBO providing direct services to clients.
Program Implementation and Impact:
KPD will recruit CBOs for this year's CILEP project beginning in November 2023 with priority given to
stakeholder organizations that serve youth and people of color.
Once assigned to the CBOs, recruits will complete a minimum of 320 (3 months/12 weeks) community
service hours. Recruits will be assigned a mentor from within the CBO to help guide the recruit through
any work or cultural nuances, such as who in the specific community to communicate with, fear of police,
etc. Mentors will work to facilitate the discussion and learning goals for the recruit during these meetings.
A multi-prong evaluation tool will be utilized to measure the outcomes of the program, recruits will
complete weekly reports, and a quarterly progress report will be generated outlining project performance.
CILEP program goals include providing officers firsthand experience and in-person engagement designed
to ingrain understanding, empathy, compassion, and trust in culturally diverse populations with a longer-
term outcome of sustained community-centered law enforcement partnerships
Page 15 of 19
DocuSign Envelope ID:D7138A411-E540-47FE-81303-F26C4213591613
. %Washing.on Slate
%&,w Commer e
Collaboration:
As a member of the JAG Innovation Fund cohort, the Contractor may be required to attend in person or
virtual collaboration meetings at the request of Commerce up to twice during the contract performance
period.
Subcontractors:
CILEP Evaluation -A professional researcher will conduct the CILEP evaluation. The researcher will
significantly expand on the previous evaluation of this program from the pilot year by analyzing longer-
term outcomes with all recruits who have graduated from CILEP. A preliminary report from the continued
CILEP evaluation will be delivered to KPD. KPD will follow procurement policies and guidelines to identify
the subcontractor for this work. Funds for subcontracting are included in this contract budget.
Participating CBOs - Contracts will be entered into with each of the community-based organizations
CILEP recruits are assigned to. We anticipate eight community organizations during the fiscal year of this
grant. KPD will execute a subcontract with each of these CBOs; contracts will include a scope of work
and $5,000 budget. Each contract process will follow City of Kent procurement policies and all applicable
regulations and requirements in this contract. KPD will submit copies executed subcontracts to
Commerce.
Goals: During the 2023-2024 funding period, CILEP has the following goals:
1. Provide officers firsthand experience and in-person engagement designed to ingrain
understanding, empathy, compassion, and trust
2. Develop community-centered law enforcement training partnerships with community stakeholders
who serve our diverse community members
3. Provide officers with one-on-one guidance and ongoing mentorship from community leaders who
represent our BIPOC community
4. Forge life-long personal relationships between officers and community members
5. Strengthen communication between the Kent Police Department and our community members to
enhance police and community relationships.
Outcomes and Performance Measures: During the 2023-2024 funding period, CILEP will measure the
following outcomes:
1. Total number of recruits participating in the program during the performance period
2. Number of weekly reports generated by recruits
3. Number of quarterly reports generated during the performance period
4. Total number of community service hours completed (320 per participating recruit)during the
performance period
5. Number of new CBO partnerships established during performance period
Reportinq Requirements:
In order to comply with reporting requirements for federal funding, the contractor will comply with
COMMERCE and BJA on the collection of required performance measurement data. The Contractor will
complete the required reports using the BJA Performance Measure Tool (PMT)online platform. It is
required to select and report on all accountability measures that pertain to JAG-funded activities.
Contractor is responsible for entering data and creating reports within the PMT on a quarterly basis.
Report within the PMT. (See https:Hb'apmt.omp.aov/help/magdocs.html ). For this contract, the contractor
will report performance measures based on the Law Enforcement reporting template (JUSTICE
ASSISTANCE GRANT (JAG) PROGRAM ACCOUNTABILITY MEASURES OCTOBER 2016 (ojp.gov)).
Page 16 of 19
DocuSign Envelope ID:D7B8A411-E540-47FE-8B03-F26C42B5916B
. %Washing.on Slate
%J,W CO17 MeI'(e
The Contractor may also be required to enter several performance data metrics into Commerce's
Contract Management System (CMS)with submission of their monthly billing invoice.
Page 17 of 19
DocuSign Envelope ID:D7B8A411-E540-47FE-8B03-F26C42B5916B
. %Washing.on Slate
%J,W Commer e
Attachment B: Budget
Program Budget
Funding period October 15.2023-September 30.2024
Agency Name: Kent Police Department
Program Name: Community Immersion Law Enforoement Program
Contract Number: F22-34440-506
Amount by Fund Source
Item COMMERCE Other Other Other Fund SOUFoe Total Project
Funding Fund Fund
PERSONNEL SERVICES
Salaries[Full-&Part-Time] $ - $ - $ - $ -
Personnel Benefits $ - $ - $ - $ -
SUBTOTAL-PERSONNEL S - S - -
GOODS&SERVICES
Office Supplies $ - $ - $ - $ -
Operating Supplies $ 20,000.00 $ - $ - $ - $ 20,000.00
Equipment $ - $ - $ - $ - $ -
1 Consultant and Subcontracted $ 80,000.00 $ - $ - $ - $ 80,000.00
Automobile Expense $ - $ - $ - $ - $ -
Printing&Duplicating $ - $ - $ - $ - $ -
Insurance $ - $ - $ - $ - $ -
Rentals-Buildings $ - $ - $ - $ - $ -
Rentals-Equipment $ - $ - $ - $ - $ -
SUBTOTAL-GOODS& $ 100,000.00 $ - S - S - 4- 100,000.00
Travel $ 10,000.00 $ - $ - $ - $ -
Training $ - $ - $ - $ - $ -
Other Misc.Expenses $ - $ - $ - $ - $ -
Indirect&Administration Casks $ - $ - I $ - I $ - I $ -
TOTAL EXPENDITURES I S 110.000.00 $ - # - I # - # 110,000.00
1 Identify specific funding sources included under the z Operating Supplies-Itemize below:
"Other"column(s)above:
$ - Laptops for officers $ 20,000.00
Total $ - Total $ 20,000.00
}Equipment-Itemize below: °Consultant and Subcontracted Services-Itemize below:
$ khaPre— $ 40,000.00
Comm„niky Bared Orq—ixakion cunkr—c ($5000x8
$ rnkr—a Farkh.X—r) $ 40,000.00
$ $
$ $
Total $ - Total # 80,000.00
'Other Miscellaneous Ex enses-Itemize below: 'Indirect Administration Costs_Itemize below:
Travel-presentations on CILEP to
other organizations $ 10,000.00 $
$ $
$ $
$ $
Total S 10r000.00 Total $ -
Page 18 of 19
DocuSign Envelope ID:D7B8A411-E540-47FE-8B03-F26C42B5916B
. %Washing.on Slate
%J'V CO17 MeI'(e
The Contractor may vary from the approved distribution of funds by shifting up to ten percent(10%) of the
total awarded funds between categories of expense. Contractor will contact the Commerce Program
Manager for approval prior to shifting funds in this way. This authority to shift funds is limited by the
following: grant funds may not be shifted into zero budgeted categories of expense except Benefits, and
any shifts made may not constitute a significant change to the Scope of Work (Attachment A).
Page 19 of 19
DocuSign
Certificate Of Completion
Envelope Id:D7B8A411 E54047FE8B03F26C42B5916B Status:Completed
Subject:Please DocuSign:Commerce Contract#F22-34440-506_CSU
Division:
Community Services and Housing
Program:CSU
ContractNumber: F22-34440-506
DocumentType:Contract
Source Envelope:
Document Pages:21 Signatures: 1 Envelope Originator:
Certificate Pages:2 Initials:3 Chelsea King
AutoNav: Enabled 1011 Plum Street SE
Envelopeld Stamping:Enabled MS 42525
Time Zone:(UTC-08:00)Pacific Time(US&Canada) Olympia,WA 98504-2525
chelsea.king@commerce.wa.gov
IP Address: 198.180.5.69
Record Tracking
Status:Original Holder:Chelsea King Location: DocuSign
11/13/2023 1:17:49 PM chelsea.king@commerce.wa.gov
Security Appliance Status:Connected Pool:StateLocal
Storage Appliance Status:Connected Pool:Washington State Department of Commerce Location:DocuSign
Signer Events Signature Timestamp
Anica Stieve E°S Sent: 11/13/2023 1:19:54 PM
anica.stieve@commerce.wa.gov aI Viewed: 11/13/2023 1:24:51 PM
Security Level: Email,Account Authentication Signed: 11/13/2023 1:24:54 PM
(None)
Signature Adoption:Pre-selected Style
Using IP Address: 147.55.149.186
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Abigail Snyder Sent: 11/13/2023 1:24:56 PM
abigail.snyder@commerce.wa.gov ED
Viewed: 11/13/2023 1:25:22 PM
Security Level: Email,Account Authentication Signed: 11/13/2023 1:26:26 PM
(None)
Signature Adoption:Pre-selected Style
Using IP Address: 147.55.134.65
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Kate Kelly DS� Sent: 11/13/2023 1:26:27 PM
kate.kelly@commerce.wa.gov Viewed: 11/13/2023 1:35:29 PM
Security Level: Email,Account Authentication Signed: 11/13/2023 1:36:01 PM
(None)
Signature Adoption:Uploaded Signature Image
Using IP Address: 198.239.10.182
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Signer Events Signature Timestamp
Cindy Guertin-Anderson E85CM618494EF
n
Sg dby: Sent: 11/13/2023 1:36:03 PM
cndy.guertin-anderson@commerce.wa.gov � Viewed: 11/14/2023 8:31:36 AM
Assistant Director,Commerce ... Signed: 11/14/2023 8:32:34 AM
Security Level: Email,Account Authentication
(None) Signature Adoption:Pre-selected Style
Using IP Address: 198.239.10.239
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 11/13/2023 1:19:54 PM
Certified Delivered Security Checked 11/14/2023 8:31:36 AM
Signing Complete Security Checked 11/14/2023 8:32:34 AM
Completed Security Checked 11/14/2023 8:32:34 AM
Payment Events Status Timestamps
DocuSign Envelope ID: D7B8A411-E540-47FE-8B03-F26C42B5916B
k Washington State
Department of DocuSign Contract Review and Routing Form
► Con n e ce
Office of Firearm Safety and Violence Prevention — Community Safety Unit
Type of Action: New Contract/Grant ❑x Amendment ❑ IAG ❑x
Federal ❑x State ❑
Contractor/Grantee Name: Kent Police Department
Contract/Grant Number: F22-34440-506
Term: 10/15/2023 to 9/30/2024
Review by: Name: Initial/Date:
Contract Manager Anica Stieve 11/13/2023 1 1 24 PM PST
Portfolio Manager Abigail Snyder aS 11/13/2023 1 1:26 PM PST
Executive Director Kate Kelly 11/13/2023 1 1 36 PM PST
Updated 1/6/2023