HomeMy WebLinkAboutAG 18-149 I 1 RETURN TO: EXT:
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
1. ORIGINATING DEPT./DIV: POLICE DEPARTMENT
2. ORIGINATING STAFF PERSON: LYNETTE ALLEN/JOHN STIEBEN EXT: 6701/6842 3. DATE REQ.BY: ASAP
4. TYPE OF DOCUMENT(CHECK ONE):
❑ CONTRACTOR SELECTION DOCUMENT(E.G.,RFB,RFP,RFQ)
❑ PUBLIC WORKS CONTRACT 0 SMALL OR LIMITED PUBLIC WORKS CONTRACT
O PROFESSIONAL SERVICE AGREEMENT 0 MAINTENANCE AGREEMENT
❑ GOODS AND SERVICE AGREEMENT 0 HUMAN SERVICES/CDBG
❑ REAL ESTATE DOCUMENT 0 SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS)
❑ ORDINANCE 0 RESOLUTION
❑ CONTRACT AMENDMENT(AG#): X INTERLOCAL
❑ OTHER
5. PROJECT NAME: WSP INTERAGENCY AGREEMENT-MARIJUANA ERADICATION 2018
6. NAME OF CONTRACTOR: WASHINGTON STATE PATROL
ADDRESS:PO Box 42602,OLYMPIA,WA 98504-2602 TELEPHONE 360-239-3263
E-MAIL SGT.JOHN DIDION -JOHN.DIDION(a,WSP.WA.GOV FAX:
SIGNATURE NAME: JOHN BATISTE,CHIEF TITLE
7. EXHIBITS AND ATTACHMENTS:D SCOPE,WORK OR SERVICES 0 COMPENSATION D INSURANCE REQUIREMENTS/CERTIFICATE 0
ALL OTHER REFERENCED EXHIBITS 0 PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES 0 PRIOR CONTRACT/AMENDMENTS
8. TERM: COMMENCEMENT DATE: OCTOBER 1,2017 CQ MPLETION DATE: SEPTEMBER 30,2018
st A 4-or 4goo
9. TOTAL CITY/FWPD WILL RECEIVE$5,000K FOR COSTS INCURRED FOR MARIJUANA ERADICATION (INCLUDE EXPENSES AND SALES
TAX,IF ANY)
(IF CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE:D YES 0 NO IF YES,MAXIMUM DOLLAR AMOUNT:
IS SALES TAX OWED D YES 0 NO IF YES,$ PAID BY:0 CONTRACTOR 0 CITY
❑ PURCHASING: PLEASE CHARGE TO:
10. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED
❑ PROJECT MANAGER
❑ DIRECTOR (C JI) 7 9/ 5-/8
❑ RISK MANAGEMENT (IF APPLICABLE)
❑ LAW ad2L 1'25-l i S
11. COUNCIL APPROVAL(IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE:
12. CONTRACT SIGNATURE ROUTING
❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D:
❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE,LICENSES,EXHIBITS
INITIAL/DATE SIGNED
O LAW DEPARTMENT
❑ SIGNATORY(MAYOR OR DIRECTOR)
❑ CITY CLERK /,1 ,: 12.1 L.
❑ ASSIGNED AG# AG# l6•1`1a1
❑ SIGNED COPY RETURNED DATE SENT: 1'Z.Cp.
COMMENTS:
4pe,01 ,on v ,e 9/2 /f .
WSP Contract No. K14145
Amendment 1
WASHINGTON STATE PATROL
CONTRACT AMENDMENT
FOR
MARIJUANA ERADICATION
The above referenced Contract between the Washington State Patrol and Federal Way
Police Department is hereby amended as follows:
a. Page 1 of the Contract, Maximum Agreement Amount Section is revised by
$6,200 and the maximum contract total is revised from $5,000 to $11,200.
All other terms and conditions of this Contract remain in full force and effect.
THIS AMENDMENT is executed by the persons signing below, who warrant that they
have the authority to execute this Amendment.
STATE OF WASHINGTON FEDERAL WAY POLICE DEPARTMENT
WASHINGTON STATE PATROL
C:177
7.. , _ —t <� '.(^t--/""'"` / //8
14- q--- John R. Batiste, Chief Signature Date
'.2 -,• , .
A / / 'Dy. GJ CodnCF "r FlaucC
Date Printed Name and Title
WSP Contract No.
WASHINGTON STATE PATROL K14145
INTERAGENCY AGREEMENT --
Marijuana Eradication 2018 Other Contract No,
... .........
This Agreement is between the State of Washington, Washington State Patrol and the Public Agency
identified below, and is issued pursuant to the Interlocal Cooperation Act, chapter 39.34 RCW
PUBLIC AGENCY NAME Statewide Vendor Registration Number
Federal Way Police Department SWV#0015957-00
Public Agency Location Address Public Agency Mailing Address (if different from
33325 8th Avenue South location) ,
Federal Way, WA 98003
Public Agency Contact Name Public Agency Contact Telephone
Lieutenant John Stieben 253-835-6842
Public Agency Contact E-mail Address Administrative/Contracts Contact(Name/Email)
john.stieben@cityoffederalway.com Jeanne Schroeder
_ 4jeanne.schroeder@cityoffederalway.com
WSP CONTACT INFORMATION
I WSP Project Manager Name &Title WSP Project Manager Address
Sgt. John Didion Investigative Assistance Division
PO Box 42634, Olympia WA 98504-2634
Telephone E-mail Address
360 239-3263 John.Didion ws wa. ov
WSP AdministrativelContracts Contact Name&Title WSP Administrative Contact Address
Rebecca Kirby, Budget and Fiscal Services
Contracts Specialist PO Box 42602
Olympia WA 98504-2602
Telephone E-mail Address
(360) 596-4071 Rebecca.kirbya[7wsp.waLLgov �_
I FEDERAL ASSISTANCE INFORMATION
Is the Public Agency a subrecipient of federal assistance for the purposes of CFDA Number(s)
this agreement? Eg Yes L.] No See Exhibit B State Tracking Number _
Federal Grant Award Name ; Federal Grant Award Number
Domestic Cannabis Eradication/Suppression 2018-124
Is this
agreement funded by a federal award for20
research and development? ' Federal Award Year
2018
Agreement Start Date Agreement End Date Maximum Agreement Amount
October 1, 2017 September 30, 2018 $5,000
This Agreement,including the attached Terms and Conditions and any other documents incorporated by reference,contains all of the
terms and conditions agreed upon by the parties. No other understandings or representations, oral or otherwise, regarding the
subject matter of this Agreement shall be deemed to exist or bind the parties.The parties signing below warrant that they have read
and understand this Agreement and have the authority to enter into this Agreement.
FOR THE WA GTON STATE PATROL: FOR THE PUBLIC AGENCY:
WSP Signatu - '. Dat Public Agency Signature Date
9 f 7 ,9,,.4 Vas-AS
Printed arise and Titleoliy
Printed Name and Title
John R. Batiste, Chief Andy J. Hwang, Chief
APPROVED AS TO FORM BY THE OFFICE OF THE ATTORNEY GENERAL 4/26/2011
WSP Interagency Agreement Page 1 of Y1'8
U.S. DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
OFFICE OF THE COMPTROLLER
CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND
OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS
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 (Nonpro-curement) and
Government-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 public(Federal,State, or local)transaction or contract under a
public transaction;violation of Federal or State antitrust statutes
implemented at 28 CFR Part 69,for persons entering into a
grant or cooperative agreement over$100,000, as defined at or commission falsificationoembezzlement,theft,ofrecords,forgery,
28 CFR Part 69,the applicant certifies that: bribery,nts, reviodestruction stolen pr of making false
statements,or receiving property;
(a)No Federal appropriated funds have been paid or will be (c)Are not presently indicted for or otherwise criminally or
paid, by or on behalf of the undersigned, to any person for in- civilly charged by a governmental entity(Federal,State,or
fluencing or attempting to influence an officer or employee of any local)with commission of any of the offenses enumerated in
agency,a Member of Congress, an officer or employee of paragraph (1)(b)of this certification;and
Congress, or an employee of a Member of Congress in con-
nection with the making of any Federal grant, the entering into (d)Have not within a three-year period preceding this applica-
of any cooperative agreement, and the extension, continuation, tion had one or more public transactions(Federal,State,or
renewal,amendment,or modification of any Federal grant or local)terminated for cause or default;and
cooperative agreement;
B.Where the applicant is unable to certify to any of the
(b) If any funds other than Federal appropriated funds have statements in this certification, he or she shall attach an
been paid or will be paid to any person for influencing or at- explanation to this application.
tempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with this 3.DRUG-FREE WORKPLACE
Federal grant or cooperative agreement, the undersigned shall (GRANTEES OTHER THAN INDIVIDUALS)
complete and submit Standard Form - LLL, "Disclosure of
Lobbying Activities,"in accordance with its instructions; • As required by the Drug-Free Workplace Act of 1988,and
(c)The undersigned shall require that the language of this cer- implemented at 28 CFR Part 67,Subpart F,for grantees,as
tification be included in the award documents for all subawards defined at 28 CFR Part 67 Sections 67.615 and 67.62Q—
at all tiers(including subgrants, contracts under grants and A.The applicant certifies that it will or will continue to provide
cooperative agreements,and subcontracts)and that all sub- a drug-free workplace by:
recipients shall certify and disclose accordingly.
(a)Publishing a statement notifying employees that the
unlawful manufacture,distribution, dispensing, possession,or
AND OTHER use of a controlled substance is prohibited in the grantee's
2.DEBARMENT,SUSPENSION,
RESPONSIBILITYworkplace and specifying the actions that will be taken against
MATTERS
employees for violation of such prohibition;
(DIRECT RECIPIENT)
(b)Establishing an on-going drug-free awareness program to
As required by Executive Order 12549, Debarment and inform employees about—
Suspension,and implemented at 28 CFR Part 67, for prospec- (1)The dangers of drug abuse in the workplace;
tive participants in primary covered transactions, as defined at (2)The grantee's policy of maintaining a drug-free workplace;
28 CFR Part 67, Section 67.510—
A.The applicant certifies that it and its principals: (3)Any available drug counseling, rehabilitation, and employee
assistance programs;and
(a)Are not presently debarred, suspended, proposed for debar- (4)The penalties that may be imposed upon employees for
ment, declared ineligible, sentenced to a denial of Federal drug abuse violations occurring in the workplace;
benefits by a State or Federal court, or voluntarily excluded
from covered transactions by any Federal department (c)Making it a requirement that each employee to be engaged
or agency; in the performance of the grant be given a copy of the state-
ment required by paragraph (a);
(b) Have not within a three-year period preceding this applica-
tion been convicted of or had a civil judgment rendered against (d)Notifying the employee in the statement required by para-
• them for commission of fraud or a criminal offense in connec- graph (a)that, as a condition of employment under the grant,
• tion with obtaining,attempting to obtain, or performing a the employee will—
OJP FORM 4061/6(3-91)REPLACES OJP FORMS 4061/2.406113 AND 4061/4 WHICH ARE OBSOLETE.
(1)Abide by the terms of the statement;and
(2)Notify the employer in writing of his or her conviction for a
violation of a criminal drug statute occurring in the workplace
no later than five calendar days after such conviction;
Check ❑ if there are workplaces on file that are not indentified
(e)Notifying the agency, in writing,within 10 calendar days here.
after receiving notice under subparagraph (d)(2)from an Section 67, 630 of the regulations provides that a grantee that
employee or otherwise receiving actual notice of such convic-tion. is a State may elect to make one certification in each Federal
Employers of convicted employees must provide notice, including fiscal year.A copy of which should be included with each ap-
position title,to:Department of Justice,Office of plication for Department of Justice funding.States and State
Justice Programs,ATTN:Control Desk,633 Indiana Avenue, agencies may elect to use OJP Form 4061/7.
N.W.,Washington, D.C.20531.Notice shall include the iden-
tification number(s)of each affected grant; Check ❑ if the State has elected to complete OJP Form
(f)Taking one of the following actions,within 30 calendar 4061/7.
days of receiving notice under subparagraph (d)(2), with
respect to any employee who is so convicted— DRUG-FREE WORKPLACE
(1)Taking appropriate personnel action against such an (GRANTEES WHO ARE INDIVIDUALS)
employee, up to and including termination, consistent with the As required by the Drug-Free Workplace Act of 1988,and
requirements of the Rehabilitation Act of 1973,as amended;or implemented at 28 CFR Part 67, Subpart F,for grantees,as
(2)Requiring such employee to participate satisfactorily in a defined at 28 CFR Part 67;Sections 67.615 and 67.620—
drug abuse assistance or rehabilitation program approved for A.As a condition of the grant, I certify that I will not engage
such purposes by a Federal, State, or local health, law enforce- in the unlawful manufacture,distribution,dispensing, posses-
meet,or other appropriate agency; sion,or use of a controlled substance in conducting any
(g)Making a good faith effort to continue to maintain a drug- activity with the grant;and
free workplace through implementation of paragraphs(a), (b), B.If convicted of a criminal drug offense resulting from a
(c), (d), (e),and (f). violation occurring during the conduct of any grant activity, I
B.The grantee may insert in the space provided below the will report the conviction,in writing, within 10 calendar days
site(s)for the performance of work done in connection with of the conviction,to:Department of Justice,Office of Justice
the specific grant: Programs, ATTN:Control Desk,633 Indiana Avenue, N.W.,
Washington,D.C.20531.
Place of Performance(Street address,city, county, state,zip
code)
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:
Federal Way Police Department
33325 8th Avenue South
Federal Way, WA 98003
2.Application Number and/or Project Name 3.Grantee IRS/Vendor Number
Project: DCE/SP 2018
4.Typed Name and Title of Authorized Representative
Andy J. Hwang
Chief of Police
J "'6s1' 9/zS/8
5.Signature 6. Date
'U.S.Government Printing Office:1996- 405-037/40014
WSP INTERAGENCY AGREEMENT (Continued)
1. Definitions.
"Agreement" means this Interagency Agreement, including all documents attached or
incorporated by reference.
"Public Agency" means the entity performing services to this Agreement and includes
the Public Agency's officers, directors, trustees, employees and/or agents unless
otherwise stated in this Agreement. For the purposes of this agreement, the Public
Agency shall not be considered an employee or agent of WSP.
"WSP" means the State of Washington, Washington State Patrol, and its officers,
directors, trustees, employees and/or agents.
2. Statement of Work. The Public Agency shall perform the services as set forth in Exhibit
A, Statement of Work, which is attached hereto and incorporated herein.
3. Payment. WSP shall pay the Public Agency an amount not to exceed the Maximum
Agreement Amount specified on Page 1 of this Agreement, minus any matching
requirements held by the Public Agency as specified in this Agreement.
4. Billing Procedure. WSP shall reimburse the Public Agency according to Exhibit A,
Statement of Work, for work performed to the satisfaction of the WSP Project Manager.
Compensation for services rendered shall be payable upon receipt of properly
completed invoices, which shall be submitted not more often than monthly to the WSP
Project Manager.
The invoices shall describe and document to WSP's satisfaction a description of the
work performed, activities accomplished, the progress of the project, and fees and
expenses. All invoices submitted for payment by the Public Agency shall reference
WSP's agreement number and the Public Agency's Statewide Vendor registration
number. The Public Agency shall submit the final invoice in accordance with Exhibit A,
Statement of Work, Section 3, Reporting Requirements, of this agreement.
5. Agreement Alterations and Amendments. WSP and the Public Agency may mutually
amend this Agreement. Such amendments shall not be binding unless they are in
writing and signed by personnel authorized to bind WSP and the Public Agency.
6. Assignment. The work to be provided under this Agreement, and any claim arising
thereunder, is not assignable or delegable by either party in whole or in part, without the
express written consent of the other party.
7. Compliance with Civil Rights Laws. During the period of performance for this
Agreement, both parties shall comply with all federal and state nondiscrimination laws.
8. Disputes. In the event that a dispute arises under this Agreement, it shall be
determined by a Dispute Board in the following manner: The Chief of WSP shall appoint
a member to the Dispute Board. The Public Agency shall appoint a member to the
Dispute Board. The Chief of WSP and the Public Agency shall jointly appoint a member
to the Dispute Board. The Dispute Board shall evaluate the dispute and make a
determination of the dispute. The determination of the Dispute Board shall be final and
binding to all parties to this Agreement. As an alternative to this process and if
WSP Interagency Agreement Page 2 of 8
WSP INTERAGENCY AGREEMENT (Continued)
applicable, 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.
9. Indemnification. The Public Agency shall be responsible for and shall indemnify and
hold WSP harmless for all claims resulting from the acts or omissions of the Public
Agency and its subcontractors. WSP shall be responsible for and shall indemnify and
hold the Public Agency harmless for all claims resulting from the acts or omissions of
WSP and its subcontractors.
10. Independent Capacity. The employees or agents of each party who are engaged in
the performance of this Agreement shall continue to be employees or agents of that
party and shall not be considered for any purpose to be employees or agents of the
other party.
11. Inspection; Maintenance of Records. During the term of this Agreement and for one
year following termination or expiration of this Agreement, the Public Agency shall give
reasonable access to the Public Agency's place of business and records to WSP and
any other employee or agent of the State of Washington or the United States of America
for the purpose of inspecting the Public Agency's place of business and its records, and
monitoring, auditing and evaluating the Public Agency's performance and compliance
with applicable laws, regulations, rules and this Agreement.
During the term of this Agreement and for six years following termination or expiration of
this Agreement, the Public Agency shall maintain records sufficient to document (i)
performance of all acts required by statute, regulation, rule, or this Agreement; (ii)
substantiate the Public Agency's statement of its organization's structure, tax status,
capabilities and performance; and (Hi) demonstrate accounting procedures, practices
and records which sufficiently and properly document the Public Agency's invoices to
WSP and all expenditures made by the Public Agency to perform as required by this
Agreement.
12. Order of Precedence. In the event of any 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 to:
Applicable federal and state law, regulations and rules;
Exhibit A, Statement of Work,
Exhibit B, State Tracking Number,
Any other provision of this Agreement; and
Any document incorporated by reference.
13, Personnel. WSP officers performing work under the terms of this Agreement shall be
under the direct command and control of the Chief of WSP or designee, and shall
perform duties required under this Agreement in a manner consistent with WSP policy
and regulations, and applicable federal, state and local laws. The assignment of WSP
personnel under this Agreement shall be at the discretion of the Chief of WSP or
designee.
1,4. Rights in Data. Unless otherwise provided, data which originates from this Agreement
shall be "works for hire" as defined by the U.S. Copyright Act of 1976 and shall be
owned by WSP. Data shall include, but not be limited to, reports, documents,
WSP Interagency Agreement Page 3 of 8
WSP INTERAGENCY AGREEMENT (Continued)
pamphlets, advertisements; books, magazines, surveys, studies, computer programs,
films, tapes, and/or sound reproductions. Ownership includes the right to copyrights,
patent, register, and the ability to transfer these rights.
15. Savings. In the event that funds WSP relied upon to establish this Agreement are
withdrawn, reduced or limited, or if additional or modified conditions are placed on such
funding, WSP may immediately terminate this Agreement by providing written notice to
the Public Agency. This termination shall be effective on the date specified in the notice
of termination.
16. Severability. If any provision of this Agreement or any provision of any document
incorporated by reference shall be held invalid, such invalidity shall not affect the other
provisions of this Agreement which can be given effect without the invalid provision, if
such remainder conforms to the requirements of applicable law and the fundamental
purpose of this Agreement, and to this end the provisions of this Agreement are declared
to be severable.
17. Single Audit Act Compliance. If the Public Agency is a subrecipient of a federal award
as identified on Page 1 of this Agreement, the Public Agency shall comply with Office of
Management and Budget (OMB) Circular A-133, Audits of States, Local Governments
and Non-Profit Organizations.
18. Statewide Vendor Payment Registration. The Public Agency is required to be
registered in the Statewide Vendor Payment System prior to submitting a request for
payment under this Agreement. The Washington State Department of Enterprise
Services (DES) maintains the Statewide Payee Registration System; to obtain
registration materials go to
http://www.des.wa.gov/services/ContractingPurchasing/Business/VendorPay/Pages/defa
ult.aspx.
19. Subcontracting. Except as otherwise provided in this Agreement; the Public Agency
may subcontract for any of the services provided under this Agreement with the prior,
written approval of WSP. The Public Agency shall be responsible for the acts and
omissions of any subcontractor.
20. Termination. Except as otherwise provided in this Agreement, either party may
terminate this Agreement upon thirty (30) calendar days written notification. If this
Agreement is so terminated, the terminating party shall be liable only for performance in
accordance with the terms of this Agreement for performance rendered prior to the
effective date of termination
21. 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 writing and
signed by an authorized representative of the party and attached to the original
Agreement.
WSP Interagency Agreement Page 4 of 8
EXHIBIT A
STATEMENT OF WORK
—t Purpose. There is evidence that trafficking in controlled substances exists and that such illegal activity
has a substantial and detrimental effect on the health and general welfare of the people of the State of
Washington. The purpose of this Agreement is to provide funding to local law enforcement agencies to
support the locating and eradication of illicit cannabis plants, and the investigation and prosecution of
cases involving controlled substances before state and federal courts in the State of Washington.
2. Statement of Work. The Public Agency, with its own law enforcement personnel and employees, shall
perform activities supporting the locating and eradication of illicit cannabis plants, such as:
a. Gathering and reporting intelligence data relating to the illicit possession and distribution of
marijuana, including information on individuals arrested, weapons seized, plants removed, location
of gardens, and techniques used.
b. Investigating and charging individuals involved in the domestic production of marijuana.
Investigations should seek to identify and charge criminal organizations involved in the illicit
production of marijuana.
c. Providing, upon request, case-specific information to the Pacific Northwest High-Intensity Drug
Trafficking Area (HIDTA) analyst designated by HIDTA to support marijuana investigations
statewide. Case-specific information provided to this analyst will be handled in accordance with
Western Information System Network (WSIN) policy. Whenever appropriate, the Public Agency will
utilize HIDTA intelligence analysts; these analysts support the criminal investigation process by
providing direct support as an investigation unfolds, conducting data analysis and research. The
value of these services is also found in the technology HIDTA uses to produce analytical charts and
graphs depicting all aspects of an investigation.
d. Providing law enforcement personnel staffing for illicit marijuana eradication within the State of
Washington.
e. Arresting and bringing to prosecution defendants charged with the violation of controlled substances
laws.
f. Submitting cultivation forms for each grow operation seized to the WSP research analyst.
g. Sending required samples of eradicated marijuana to the National Institute on Drug Abuse (NIDA)
Marijuana Potency Monitoring Program, at the University of Mississippi.
3. Reporting Requirements.
a. Financial Reports. The Public Agency shall submit monthly billing and reports to the WSP Project
Manager identified on Page 1 of this Agreement. Monthly reports are due by the 15th of the
following month. To assist Public Agencies with reporting the designated form(s) will be provided to
the Agency's billing contact by Rebecca Kirby (Rebecca.Kirby(a�wsp.wa.gov). Forms are to be
returned to the Narcotics Section, Sgt. John Didion at John.Didion(a�wsp.wa.gov.
WSP shall not reimburse the Public Agency for any activity or associated cost that has not been
identified in a Public Agency's monthly report. All reports and billings must be received by WSP no
later than September 30, 2018, for all reimbursable activities during the period of performance for
this Agreement.
WSP Interagency Agreement Page 5 of 8
b. Marijuana Cultivation Seizure Reports. The Public Agency shall report to the WSP Project Manager,
Sgt. John Didion (360) 239-3263 at DCESP.MJ.seizuresc wsp.wa.gov, all seizures utilizing the
Marijuana Cultivation Seizure Report form (Exhibit B to this Agreement) for each garden seized within
48 hours of the seizure. GPS coordinates are desired for all grow locations and are required for
outdoor grow locations. Indoor grow locations require physical addresses and, if available, GPS
coordinates.
c. Cannabis Potency Monitoring Program Reports. The Public Agency shall send required samples of
eradicated marijuana to the National Institute on Drug Abuse (NIDA) Marijuana Potency Monitoring
Program at the University of Mississippi. Each recipient agency will submit a minimum of four
samples utilizing the form and instructions attached as Exhibit C to this Agreement. Potency
monitoring is critical for monitoring the increasing potency of marijuana produced in the United States.
4. Allowable Costs.
a. Agreement funds may be used to reimburse the Public Agency for the following without prior
approval by WSP:
1) Law enforcement officer(s) overtime salaries during the time they are engaged in activities
directly supporting the program. Fringe benefits associated with overtime salaries are no longer
allowable.
2) Mileage, subsistence and lodging costs for law enforcement officers during the time they are
engaged in the eradication process or attending associated training and planning meetings. All
mileage, subsistence and lodging costs shall be reimbursed at current State of Washington travel
reimbursement rates.
b. Agreement funds may be used to reimburse the Public Agency for the following if approved in
advance by the WSP Project Manager:
1) Rental, leasing, maintenance and operation costs for equipment used directly for marijuana
eradication. All aircraft used pursuant to this Agreement shall meet all applicable Federal
Aviation Administration rules and regulations.
2) Purchases of equipment used directly for marijuana eradication. The Public Agency shall
request approval of the purchase in advance by WSP in a detailed letter or email to the WSP
Project Manager identified on Page 1 of this Agreement. Details shall include type and quantity
of equipment, the cost of equipment, requested reimbursement amount and how this equipment
supports your marijuana eradication efforts. The authorization request letter or email to the
Project Manager must be received by the WSP no later than June 30, 2018. The WSP shall
return a letter or email to the Public Agency granting or denying authorization. The Public
Agency must attach a copy of the equipment vendor's invoice and/or packing slip to its billing
submitted to WSP for reimbursement of equipment costs.
c. The Public Agency shall expend all Agreement funds no later than September 30, 2018.
5. Unallowable Costs. Reimbursement to the Public Agency under this Agreement is limited to those cost
items identified in Section 4, Allowable Costs. Additionally, the use of Agreement funds is expressly
prohibited for defraying the costs related to herbicidal eradication of marijuana without the written consent
of WSP in advance.
The Public Agency understands and agrees that Federal funds will not be used to perform any of the
following functions: (i) issuing licenses, permits, or other forms of authorization permitting the holder to
manufacture,,distribute, sell, or use marijuana in contravention of the CSA; (ii) conducting ancillary
activities related to the issuance of such licenses and permits, such as background checks on applicants;
WSP Interagency Agreement Page 6 of 8
(iii) collecting state or local tax or licensing revenue related to the manufacture, distribution, or sale of
marijuana in contravention of the GSA; (iv) preparing or issuing regulations governing the manufacture,
distribution, sale, or possession of marijuana in contravention of the GSA; or (v) monitoring compliance
with state or local laws or regulations that permit the manufacture, distribution, sale, or use marijuana in
contravention of the CSA. The result of expended funds (e.g. equipment, supplies and other resources)
must be directly related to and must only be used for marijuana eradication activities.
6. Use of Funds by Other Law Enforcement Agencies. The Public Agency may elect to use Agreement
funds to reimburse other law enforcement agencies for their marijuana eradication efforts. If Agreement
funds are used in this fashion, the Public Agency remains responsible for ensuring all costs submitted for
payment by other law enforcement agencies are allowable under this Agreement. The Public Agency
must also report the activities of other law enforcement agencies reimbursed under this Agreement in the
Public Agency's monthly report to WSP.
7. Reallocation of Funds. As expeditiously as possible, the Public Agency shall notify the WSP Project
Manager if the Public Agency will not be able to expend any portion of funds provided under this
Agreement. Subject to the Agreement Alterations and Amendments section of this Agreement, WSP
shall reallocate unexpended funds to other law enforcement agencies that have demonstrated a need for
additional funding.
8. Hold Harmless. In addition to the Indemnification section of this Agreement, the Public Agency shall
hold the U. S. Drug Enforcement Administration, its agents and employees, and the United States
Government harmless from any and all claims, demands, suits, liabilities and cases of action, or whatever
kind and designation, and where-ever located in the State of Washington, resulting from activities funded
through this Agreement.
9. Certifications. The Public Agency shall execute and return to WSP the OJP Form 4061/6, Certifications
Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug-Free
Workplace Requirements. The Public Agency acknowledges that this Agreement shall not take effect
and that no funds shall be reimbursed until the completed OJP Form 4061/6 is received by WSP.
10. Equipment Management. The Public Agency shall comply with the property management requirements
contained in the Financial Guide published by the Office of Justice Programs, U.S. Department of Justice,
concerning the use, tracking/inventory, and disposition of any equipment purchased with Agreement
funds.
WSP Interagency Agreement Page 7 of 8
EXHIBIT B
STATE REPORTING TRACKING NUMBER
The Domestic Cannabis Eradication/Suppression Program (DCE/SP), DEA does not have an assigned
Catalog of Federal Domestic Assistance (CFDA) number. Audits can be conducted without a CFDA number.
The auditor must send an email to the Federal Audit Clearinghouse erd.fac(acensus.gov with their agency's
name and EIN number and the information will be forwarded to them. In conjunction with the beginning date
of the award, the audit report period of the WSP under the single audit requirement is FY18 (10/1/17 —
9/30/18).
NOTE: The WSP receives the funds for this program from the DEA through a Letter of Agreement (LOA)
which is a reimbursable agreement, not a grant; therefore for purposes of the DCE/SP, DEA requires an audit
completed regardless of the threshold amount listed in 2 CFR 200.
WSP Interagency Agreement Page 8 of 8
51
COUNCIL MEETING DATE: November 20,2018 ITEM#:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: WASHINGTON STATE PATROL(WSP)FOR MARIJUANA ERADICATION 2018
POLICY QUESTION: Should the City of Federal Way/Federal Way Police Department accept a maximum of
$11,200 from the Washington State Patrol for Marijuana Eradication 2018?
COMMITTEE: PRHS&PSC MEETING DATE:Nov. 13,2018
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY:LIEUTENANT J. STIEBEN DEPT: Police
Attachments:
1. Staff Report
2. WSP Marijuana Agreement and Amendment
Options Considered:
1. Accept the WSP Agreement and Amendment
2. Reject the WSP Agreement and Amendament
MAYOR'S RECOMMENDATION: Mayor recommends: Option 1
MAYOR APPROVAL: $ 1c2/k/DIRECTOR APPROVAL: 1474-14, /1/.0
e ouncil S Initial/Date
Initial/Date Initial/Date
COMMITTEE RECOMMENDATION: I move to forward Option 1 to the November 20, 2018 consent agenda for
approval. 1/1A
f ''`ommittee Chair Committee Member Com r ee Member
PROPOSED COUNCIL MOTION: I move approval to accept a maximum of$11,200 from the Washington State
Patrol(WSP)for Marijuana Eradication, and authorize the Chief of Police to execute said agreement.
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
UNCIL ACTION:`
APPROVED\\ V COUNCIL BILL#
DENIED 1ST reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READINGordinances only) ORDINANCE#
(
REVISED—11/2016 RESOLUTION#
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
DATE: November 13, 2018
TO: Parks, Recreation, Human Services and Public Safety Council Committee
VIA: Jim Ferrell, Mayor
FROM: Andy J. Hwang, Chief of Police
SUBJECT: Washington State Patrol (WSP) Interagency Agreement for Marijuana Eradication
2018.
Financial Impacts:
The Washington State Patrol (WSP) is providing funding to local law enforcement agencies to
support locating and eradicating illicit cannabis plants, and for the investigation and prosecution
of cases involving controlled substances. WSP will be awarding the Federal Way Police
Department a maximum of$11,200 for the Marijuana Eradication 2018.
Background Information:
The Washington State Patrol received federal funding for marijuana eradication activities in FY
2018. This funding is generally used to secure pilots and aircraft for aerial observation that
ultimately results in successful eradication of illegal marijuana crops. Due to heavy wildfires in
Oregon and California there were not enough aircraft/pilots for WSP to expend these resources.
The Federal Way Police Department was contacted in the early part of September as our
activities in eliminating illegal marijuana growing operations in our city have not gone unnoticed.
An offer was made to reimburse the City up to $5,000 for labor, some equipment, and other
associated costs. An amendment was processed in October extended this funding to $11,200.
An initial examination of financial records for expenditures indicates we have spent over$11,000
on eradicating marijuana since October of 2017.
1
