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Home My WebLink AboutAG 22-015 - JAG - DEPARTMENT OF COMMERCERETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: PD 2, ORIGINATING STAFF PERSON: Commander Raymond Bunk EXT: 6746 3. DATE REQ. BY: ASAP 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT(AG#): ❑ INTERLOCAL 19 OTHER Grant 5. PROJECT NAME: Less Than Lethal Equipment Grant 6. NAME OF CONTRACTOR: JAG - Department of Commerce ADDRESS: PO Box 42525, 1011 Plum Street SE. Olympia, WA 98504-2525 TELEPHONE 360-515-6205 E-MAIL: Abigail.Snyder@commerce.wa.gov FAX: SIGNATURE NAME: TITLE 7. EXHIBITS AND ATTACHMENTS: A SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES A PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: November 15, 2021 COMPLETION DATE: November 15, 2022 9. TOTAL COMPENSATION $11, 408 - Grant money to the City (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES [ENO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED 10YES ONO IF YES, $1,152.21 PAID BY: ❑ CONTRACTOR O CITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: 001-2100-114-521-10-354 (Expenditure) 001-0000-114-333-16-738(Revenue) 10. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED ❑ PROJECT MANAGER 99 DIRECTOR Andy Hwang ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW JRC 12/13/2021 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 01 / 18/22 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR I MONTH PRIOR TO EXPIRATION DATE (Include dept. support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.) INITIAL / DATE SIGNED ❑ LAW DEPARTMENT ❑ SIGNATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK ❑ ASSIGNED AG# AG#-- "- t COMMENTS: Commander Bunk will be able to sign documents as the "Authorized Representative," but some parts of the document will require signatures from other departments, such as Human Resources and Finance. 2/2017 COUNCIL MEETING DATE: January 18, 2022 ITEM #: 5e ... .... ... - CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: WASHINGTON STATE DEPARTMENT OF COMMERCE GRANT POLICY QUESTION: Should the City of Federal Way/Federal Way Police Department accept a $11,408 grant from the Washington State Department of Commerce to purchase Less than Lethal Equipment? COMMITTEE: PRHS&PSC MEETING DATE: January 11, 2022 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: RAY BUNK, COMMANDER DEPT: Police Attachments: 1. Staff Report 2. Interagency Agreement 3. FWPD Technical Proposal 4. JAG Eligibility Forms Options Considered: 1. Approve the proposed agreement and authorize execution. 2. Do not approve the proposed agreement and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: ry, DIRECTOR APPROVAL: �,- lw C unittaa Coun InitiaE sie fniSiallDaic lniliRllRare COMMITTEE RECOMMENDATION: I move to forward the proposed grant agreement to the January 18, 2022 Council consent agenda for approval. V Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move to approve the proposed grant agreement and authorize the purchase of said less than lethal equipment. " iiiiim (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE UNC[L Acno Vk APPROVED �1�5Z COUNCIL BILL# ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 12/2017 RESOLUTION # CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: January 11, 2022 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Acceptance of Washington State Department of Commerce Less Than Lethal Equipment Program Grant Money Financial Impacts: There will minimal impact to City funds/police department's operating budget in the form of sales tax, not covered by the grant. There will be no overtime funding required, as all training will be done during normal working hours. Back -ground Information: The Federal Way Police Department (FWPD) will receive grant funding from the Washington State Department of Commerce Less Than Lethal Equipment Program. The grant money will be used to purchase less than lethal weapons to be used by patrol officers and officers assigned to the Civil Disturbance Unit. Ten (10) less than lethal weapons and related equipment will be purchased with the $11,408 in grant money. This is a one-time grant opportunity. The proposed purchases will involve the FN 303 Mk2 Less Lethal Launcher. According to the website, "... the FN 303 Mk2's improved operating system doubles its service life and cuts armorer maintenance in half. Built from lightweight, rugged polymer and driven by a compressed COz air tank, the FN 3038 Mk2 upgrades FN's less lethal technology for today's officers, delivering increased accuracy with new, adjustable flip up metal sights and a MIL -STD 1913 top rail for optical or red dot sights. The fin -stabilized projectiles deliver optimum accuracy with maximum effectiveness and safety. Officers can quickly change from inert, marking, impact or irritant projectiles, with a clear view of the projectile type and remaining count in the magazine." The FN 303 Mk2 Less Lethal Launcher will also comply with new laws for less lethal equipment, as seen in Washington State House Bill 1054. 1 Co7Y.1 i.1..1erce Interagency Agreement with through For City of Federal Way Less Than Lethal Equipment Program Purchase of less than lethal equipment Start date: November 15, 2021 TABLE OF CONTENTS Special Terms and Conditions 1. Authority ................................................. .................................... ....... 1 2. Acknowledgement ofFederal Funding . ' -- _.......................... -..1 3. Contract Management ......................... ..... ..... .... .... ... ......... "........................ / 4. Compensation .-..-------.--.. -� ........... .................... ,,_,,............. � 5. Expenses ........................................ .- S. Indirect Costs ............... ....................................... -. -------._-1 7. Billing Procedures and Payment ------ 8. Subcontractor Data Collection ................. .-..... ............ ............................ ... 2 & Audit .................................................... __ __................................ 2 10iOebarment-.....-------.- ... -. .~.. ..---..... .. .-...% 111. Insurance -..---.-,..-.-~. � ' -,. ....... ~. ...... - --.3 General Terms and Conditions tDefinitions ...... .......... ......................................... ...... ...... ... ..... ............. .......... 4 2. All Writings Contained Herein ............................ ...... ---'.......... .......... .... .4 3. Amendments ................ ................................... -.......... ----........ ----�.4 4. Assi-..-..------------' -''-� '' -'- --'-* 5. Confidentiality- mnd0afooumndingof|nhornnmtion-------.----..---.4 R. Copyright ................ ^,...--.............. .... ....... .'......... ................ ....................... o 7. Disputes ..................... ^'-'^^_^~~................. -- -' —'-------5 8. Governing Law and Venue .................................. ...... '------'_--'__5 & Indemnification ................. -......... ~............ .... .... ...... ........... .... 8 10. Licensing, Accreditation and Registration ........... --.-_........... '6 11. ---..~..-.-.-...~--- ... -...... ................... ... n 12. Records Maintenance .............................. ......... .................. ....... ..................... G 13.Savings ...................................................... .... ~.-- --o 14` SaverabUity.......................................... .............. .............. ... ........... ...... --'.G 15. Subcontracting ......................................................................... ............. ... .]5 16. Survival ........................................................................................ ................... .... .7 17 Termination for Cause ..................................................................................... ...... 7 18. Termination for Convenience ................... --'--.~...�-_..-------.'T 19. Termination Procedures .................. -............. --~''--~--- ............. 20 Treatment ofAssets ........................................... ............... .............................. .W 21. VVmiver--...~-'---...----..----.. ........ n Attachment A, Scope of Work Attachment B, Budget FACE SHEET Contract Number: F19-31440-5( Washington State Department of Commerce Community Services and Housing Division Office of Firearm Safety and Violence Prevention — Public Safety Unit Less Than Lethal Equipment 1. Contractor 2. Contractor Doing Business As (optional) City of Federal Way 33325 8w Ave S Federal Way, WA 98003 3. Contractor Representative 4. COMMERCE Representative Raymond Bunk Abigail Snyder P.O. Box 42526 Commander Program Manager 1011 Plum Street SE y 253-835-6700 360-515-6205 Olympia, WA Raymond.bunk@cityoffederalway.com Abigail.Snyder@commerce.wa.gov 98504-2525 5. Contract Amount 6. Funding Source 7. Start Date 8. End Date $11,408 Federal: ® State: ❑ Other: ❑ NIA: ❑ November 15, 2021 June 30, 2022 9. Federal Funds (as applicable) Federal Agency: CFDA Number: Indlrect.Rate (if applicable): $11,408 Department of Justice 16.738 Not Applicable 10. Tax ID # 11. SWV # 12. UBI # 13. DUNS # 91-1462560 0015957 601-223-538 612509901 14. Contract Purpose To purchase less than lethal equipment. 15. Signing Statement 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 and warrant they are authorized to bind their respective agencies. The rights and obligations of both parties to this Contract are governed by this Contract and the following documents hereby incorporated by reference: Attachment "A" — Scope of Work, Attachment "B" — Bud- et FOR CONTRACTOR FOR COMMERCE Raymond Bunk, Commander Diane Klontz, Assistant Director Date Date j APPROVED AS TO FORM ONLY BY ASSISTANT ATTORNEY GENERAL 07117/2019. APPROVAL ON FILE. SPECIAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERAL FUNDS 1. AUTHORITY F19-31440-507 COMMERCE and Contractor enter into this Contract pursuant to the authority granted by the Interlocal Cooperation Act, Chapter 39.34 RCW. 2. ACKNOWLEDGMENT OF FEDERAL FUNDS Federal Award Date: October 1, 2019 Federal Award Identification Number (FAIN): 2019-DJ-BX-0035 Total amount of the federal award: $3,303,848 Awarding official: Matt Dummermuth 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. 2019-DJ-BX-0035 awarded by Department of Justice. 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 Office of Firearm Safety & Violence Prevention — Public 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 forthe Contractor and their contact information are identified on the Face Sheet of this Contract. 4. COMPENSATION COMMERCE shall pay an amount not to exceed $11,408 for the performance of all things necessary for or incidental to the performance of work under this Contract as set forth in the Scope of Work. 5. EXPENSES Contractor shall receive reimbursement for travel and other expenses as identified below or as authorized in advance by COMMERCE as reimbursable. The maximum amount to be paid to the Contractor for authorized expenses shall not exceed $11,408, which amount is included in the Contract total above. Such expenses may include alrfare (economy or coach class only), other transportation expenses, and lodging and subsistence necessary during periods of required travel. Contractor shall receive compensation for travel expenses at current state travel reimbursement rates. 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 1 D% 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 at least quarterly, but, not more often than monthly. The invoice shall include the Contract Number F19-31440-507. Intuageney Agreement Page I I F19-31440-507 SPECIAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERAL FUNDS Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after receipt of properly completed invoices, 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 grantee must invoice for all expenses from the beginning of the Contract through June 30, regardless of the Contract start and end date. Du lication 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. 8. 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 Agreement performed by subcontractors and the portion of 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. 9. AUDIT If the Contractor is a subrecipient and expends $750,000 or more in federal awards from any and/or all sources in any fiscal year, the Contractor shall procure and pay for a single audit or a program -specific audit for that fiscal year. Upon completion of each audit, the Contractor shall: A. Submit to COMMERCE the reporting package specified in OMB Super Circular 2 CFR 200.501, 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 Contractor is a subrecipient and expends less than $750,000 in federal awards from any and/or all sources in any fiscal year, the Contractor shall notify COMMERCE they did not meet the single audit requirement. The Contractor shall send all single audit documentation to auditreview0cammerce.wa qov. 10. DEBARMENT A. Contractor, 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 Contract, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in Interagency Agreement Paeo 12 F19-31440-507 SPECIAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERAL FUNDS 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; III. 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 Contract had one or more public transactions (Federal, State, or local) terminated for cause of default. B. Where the Contractor is unable to certify to any of the statements in this Contract, the Contractor shall attach an explanation to this Contract. C. The Contractor agrees by signing this Contract 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 Contractor further agrees by signing this Contract 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 Contractor certifies, by signing this Contract 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. ii. Where the lower tier Contractor is unable to certify to any of the statements i6 this Contract, such Contractor shall attach an explanation to this Contract. 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. You 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 Interagency Agreement GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERAL FUNDS 1. DEFINITIONS F19-31440-507 As used throughout this Contract, the following terms shall have the meaning set forth below: A. "Authorized Representative" shall mean the Director of the Department of Commerce and/or the designee authorized in writing to act on the Director's behalf. B. "COMMERCE" shall mean the Department of Commerce. C. "Contract" or "Agreement" means the entire written agreement between COMMERCE and the Contractor, including any attachments, 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" 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. "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. F. "State" shall mean the state of Washington. G. "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. 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, work thereunder, 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 Interagency Agreement Page 14 F19-31440-507 GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERAL FUNDS 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 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 b1ndfrng 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 any applicable federal laws, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. Interagency Ag ernent Page 15 GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERAL FUNDS 9. INDEMNIFICATION F19-31440-507 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. 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 (6) 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 priorwritten 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 [nteragency Agreement Page 16 F19-31440-507 GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERAL FUNDS 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. 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 (1) 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. Interagency Agreement Page 17 F 19-31440-607 GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERALFUNDS 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 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 the Authorized Representative 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 All reference to the Contractor under this clause shall also include Contractor's employees, agents or Subcontractors. 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 COMMERCE. Interagency A.greemcnt F19-31440-507 Attachment A Scope of Work Contractor shall purchase the following: 30 FN Tactical W/ SCAR Buttstock, • 10 FN 303 MK2 Less Lethal Launchers, 1 FN303 Fill Station Adapter, • 1 FN303 Magazine Assembly, • 1 FN303 10-Pack O-Rings w/ Lube, 1 PK FN303 O-ring Overhaul Kit, • 1 FN303 Pava/OC Powder Less Lethal Projectiles, • 1 FN303 Inert Powder Less Lethal Projectiles, and • 1 FN303 Indelible Paint Less Lethal Projectiles Items will be purchased shortly after the Contract is executed. All officers with access to these less - than -lethal weapons shall receive training in the use of the equipment. The Contractor will report on the activities identified above on a quarterly basis. Quarterly reports will be due the 151h day of the month following the end of each calendar quarter of the award period. Interagency Agreement Page 19 F19-31440-507 Attachment B Budget The budget for the award period of November 15, 2021 through June 30, 2022 is $11,408. Equipment Total $11,408 Note: The Contractor may not obligate or expend any funds under this award until a completed Federal Eligibility Package has been submitted to COMMERCE as identified in RFP 19-31440-1, Interagency Agreement Page 110 FWPD Technical Proposal 3.2—Technical Proposal (A) — Project Approach/Methodology 1—The City of Federal Way Police Department (FWPD) is a law enforcement agency that serves the Federal Way community, with a population of over 100,000 residents, and has been impacted by RCW 10.116,040. Not only were we forced to turn in valuable less -than -lethal options, such as our shotgun bean bag deployment, but there is also controversy regarding the use of less -than -lethal 40mm launchers. Many officers are hesitant to use this item, have turned them in, and/or stopped using them. 2 —There is a need for other less -than -lethal options. The removal of the less -than -lethal shotguns and 40mm launchers has limited our abilities to use valuable lethal options. This includes not only our patrol units, but also those assigned to the Valley Civil Disturbance Unit (VCDU). Without the ability to have longer ranged less -lethal -weapons, de-escalation techniques would suffer and an increase in lethal use of force incidents may occur. 3 — I will be in charge of the distribution and assignment of less -than -lethal weapons. I am currently assigned as a Patrol Commander and oversee all patrol shifts. The plan is to purchase ten (10) less -than - lethal weapons and distribute six (6) to FWPD patrol shifts (i.e. one per shift). These will be assigned to the patrol supervisor (lieutenant) or their designee. The primary function of these less -than -lethal weapons will be impact and impact with irritants. FWPD patrol officers respond to calls not only in our jurisdiction, but we are regularly called to support other law enforcement agencies in King and Pierce county, as well as calls involving the Washington State Patrol. I am also the Commander of both the FWPD Civil Disturbance Unit and the overall Commander of the Valley Civil Disturbance Unit (VCDU). VCDU consists of six (6) different agencies that deploy as a team to protests, riots, etc. These agencies consist of Renton, Auburn, Port of Seattle, Tukwila, Kent, and Federal Way, The VCDU responds to not only the listed jurisdictions, but we also deploy to several other jurisdictions around King and Pierce counties, such as Seattle, Tacoma, and Bellevue. VCDU also has the capabilities to assist other jurisdictions, to include those located in Thurston and Snohomish counties. Four (4) less -than -lethal weapons will be assigned to the FWPD VCDU contingency for use by our trained Special Ammunition Response Team (SART) to replace the 40mm and shotgun less -than -lethal weapons currently being used; The primary function of these less -than -lethal weapons will be impact, impact with irritants, and projectiles with "marking" capabilities. The removal of the ability to use CS gas has also required the use to use other types of less -than -lethal weapons. 4 — We plan to purchase these items through Curtis Blue Line, located in Kent, Washington. This company would be able to drop off the less -than -lethal weapons or we could arrange to obtain the items by going to their location. 5 — We plan to purchase ten (10) FN 303 Mkt Less Lethal Launchers, with related projectiles and maintenance equipment. This less -than -lethal weapon utilizes compressed air to launch projectiles serving as an impact weapon, with some rounds containing an irritant, and another round used for "marking" individuals. "Marking" and individual, particularly in a violent protest, allows officers to identify those involved in criminal activities to be clearly identifiable for later arrest. This is particularly helpful in violent protest situations where immediate arrest(s) may escalate the crowd and result in increased amount of force used and increased use of force incidents. This particular less -than -lethal weapon has reduced maintenance requirements and a longer service life. Per the website's description, "Built from lightweight, rugged polymer and driven by a compressed CO2 air tank, the FN 3030 Mkt upgrades FN's less lethal technology for today's officers, delivering increased accuracy with new, adjustable flip up metal sights and a MIL -STD 1913 top rail for optical or red dot sights. The fin -stabilized projectiles deliver optimum accuracy with maximum effectiveness and safety. Officers can quickly change from inert, marking, impact or irritant projectiles, with a clear view of the projectile type and remaining count in the magazine." As stated prior, these less -than -lethal weapons will be distributed to both patrol officers and members of the FWPD VCDU. 6 — For police officers at the City of Federal Way, training of less -than -lethal weapons occurs on an annual basis. Instruction for patrol officers is provided by "in-house" trainers. This includes both classroom and practical experience, with a related weapon qualification. For those officers who are on the VCDU, there is also additional classroom and practical experience conducted on an annual basis. Instructors for SART members of VCDU is provided by various firearms officers from the involved agencies. In house less -than -lethal weapon training consists of a one (1) hour classroom presentation of the current laws and approved practices, followed by a shooting qualification. Training and recertification will continue on an annual basis. Patrol units will be trained and certified upon receipt of the less -than -lethal weapons. Less -than -lethal weapons issued to FWPD VCDU members will also consist of in-house training, as well as advanced training related to protests and crowd control. VCDU SART training will first occur in the spring on 2022 and then recertification and continued training on an annual'basis. Patrol and FWPD VCDU units will receive additional training and recertification during departmental rifle qualifications, which occurs in the summer months. 7 — N/A. (B) — Work Plan = Upon procurement of the less -than -lethal weapons, officers who will deploy the less - than -lethal weapons while on patrol will be identified and issued the weapons. After issuing the less - than -lethal weapons, training will take place. In house less -than -lethal weapon training consists of a one (1) hour classroom presentation of the current laws and approved practices, followed by a shooting qualification. Less -than -lethal weapons issued to FWPD VCDU members will also consist of in-house training, as well as, advanced training related to protests and crowd control. In-house training will happen soon after procurement, with the advanced VCDU SART training occurring in the spring on 2022 and then recertification and continued training on an annual basis. Patrol units will receive additional training and recertification during departmental rifle qualifications, which occurs in the summer months. (C) — Project Schedule — Currently, our less -than -lethal weapons distributor has these items in stock, meaning the less -than -lethal weapons would be purchased and obtained soon after the grant money was received. There would likely be a delay, if the current stock was depleted and items needed to be ordered. The training for patrol units would happen soon after procurement. Initial training for VCDU SART members would occur with the patrol units and additional training and certification to occur in the spring of 2022. Using these timelines, these less -than -lethal weapons would be able to respond to patrol incidents this year and VCDU SART members could respond to incidents in the spring of 2022. (D) — Outcomes and Performance Measurement —The impact and outcomes of the use of less -than - lethal weapons is the reduction of the chances of lethal force use. Less -than -lethal weapons assist in de- escalation efforts of officer(s), in both the patrol and crowd control efforts. Annually, the FWPD Administrative Unit conducts a review of all use of force incidents for the year prior. During this use of force examination, possible trends are examined and analyzed, to include departmental use of force, as well as the individual officers who were involved In incidents. This valuable information is then used for later training and potential policy changes. (E) — Risks —There are multiple risks involved with the use of less -than -lethal weapons. The first is the misuse of these tools by the officers who are issued the weapons. This risk will be mitigated by initial and reoccurring training to the officers who are issued the weapons. Additionally, all use of force incidents involving FWPD officers are carefully and thoroughly reviewed by five (5) different induvial of progressing rank to ensure the use of force is within current department policy and state and federal laws. Annually, the FWPD Administrative Unit conducts a review of all use of force incidents for the year. prior, During this use of force examination, possible trends are examined and analyzed, to include departmental use of force, as well as the individual officers who were Involved in incidents. This valuable information is then used for later training. These reviews be submitted to COMMERCE, upon request. Another risk would be the theft or misplacement of the less -than -lethal weapon itself. To mitigate this risk, inventories will be conducted on a regular basis and"officers will be instructed to keep the items locked up, either in a patrol vehicle or their personal work locker, when the weapon is not on their person. In the event a theft or loss of a less -than -lethal weapon, the incident would be reported to the COMMERCE. The current political environment is also a potential risk. If future legislative or court decisions deem these less -than -lethal weapons to be illegal, the items would need to be taken out of service and no longer utilized. This risk will be mitigated,by constantly reviewing court decisions and new state and federal laws. (F) — Deliverables —These less -than -lethal weapons comply with RCW 10.116.040 as the projectiles are ejected using compressed air, rather than being deployed with an explosive device or substance. All officers with access to these less -than -lethal weapons shall receive training in the use of the equipment before the equipment is used by that peace officer. 3.3 —Related Information 1- I have been unable to locate contracts with City of Federal Way or subcontractors during the past 24 months. 2 - I have only been able to identify on person who was an employee of the State of Washington in the past 24 months. This person is identified as Officer Conall Murphy — Former WSP Trooper now an officer assigned to patrol and in our Field Officer Training Program. He separated from WSP several months ago. 3 — N/A. Department of Commerce Innovation is in our nature. Justice Assistance Grant FFY 2019-2021 Justice Assistance Grant Eligibility Farms Lisa Brown Director Eligibility Requirements: Statement of Assurances.......................................................................................... Form 1 ❑ Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions (Sub -Recipient) ................................................Form 2 ❑ Certification Regarding Lobbying, Debarment, Suspension and Other Responsibility Matters; and Drug -Free Workplace Requirements .............. Form 3 ❑ National Environmental Policy Act (NEPA)...........................................................Form 4 ❑ Acknowledgement of Federal Funds.......................................................................Form 5 ❑ Acknowledgement of Allowable and Unallowable Costs .......................................Form 6 ❑ Compliance with Relevant Federal and State Laws ................................................Form 7 ❑ CTFLITraining........................................................................................................ Form 8 ❑ Civil Rights Training..........................................................................................Form 9 ❑ Civil Rights Requirements..................................................... .................. ........Farm 10 ❑ Equal Employment Opportunity Plan (EEOP) Certification...................................Form 11 ❑ Office of Civil Rights Compliance Checklist ..........................................................Form 12 ❑ Federal Funding Accountability and Transparency Act Certificate .......................Form 13 ❑ Commercial Insurance, Risk Pool or Self Insurance ...............................................Form 14 ❑ General Information Regarding Risk Assessment ...................................................Form 15 ❑ Customer Satisfaetion and Improvement: Customer Satisfaction and Improvement Form......................................................Form 16 ❑ SUBMISSION OF THIS PACKET One electronic copy of these Certifications and Assurances must be completed and submitted to be eligible to receive reimbursement with federal funds (any funds under this program). DUE DATE The package should be received by COMMERCE no later than November 15, 2021. Submission after this date will cause delay in your being eligible to receive reimbursement under this program. SUBMIT' APPLICATION FORMS To: Email: abi jail . s n vderfii pcommc rc e. wa. uo v Note [ : PDF is the preferred format for electronic submission If you have questions regarding the application or need technical assistance, please contact Abbie Snyder at abigail.sn� 1 ELIGIBILITY FORMS STATE OF WASEINGTON DEPARTMENT OF COMMERCE The applicant: JUSTICE ASSISTANCE GRANT FORM 1 STATEMENT OF ASSURANCES 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 contract 2. 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. 3. 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. 4. 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. 5. Will comply with Title II of the Americans with Disabilities Act of 1990. 6. 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. 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. 7. 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 further 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. 9. A horized Signature for the Applicant: IGNATURE PRINTED NAME OF SIGNATURE DATE AC "t ,0e ott r(ej Man•wit TfTLE STATE OF WASHINGTON DEPARTMENT OF COMMERCE U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS OFFICE OF THE COMPTROLLER CERTIFICATTON REGARDING JUSTICE ASSISTANCE GRANT FORM 2 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 VII of the May 26, 1988 Federal Register (pages 19160-19211). (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE) (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) Whew the prospective tower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. A H� ,J � v �r �(-0 Name and Title of Authorized Representative Si nature Name of Organization 3^ 2Z • zrz, Date S w�4 fed y Address of Organization 2 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. 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 Definitions 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 Non -procurement 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 5 STATE OF WASHIlVGTON JUSTICE ASSISTANCE GRANT DEPARTMENT OF COMMERCE FORM 3 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 fonts. 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 (Non -procurement) 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 implemented at 28 CFR Part 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR Part 69, the applicant certifies that: (a) 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 making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement; (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance with its instructions; (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all sub -recipients shall certify and disclose accordingly. 2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS (DIRECT RECIPIENT) As requited by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Part 67, for prospective participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.510 A. The applicant certifies that it and its principals: C� (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this application 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 (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) 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 this certification; and (d) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default; and B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 3. DRUG -FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug -Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620 A. The applicant certifies that it will or will continue to provide a drug -free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an on -going drug -free awareness program to inform employees about (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4)' The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (b) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (c) 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 (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; (d) Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to Department of Justice Office of Justice Programs ATTN: Control Desk 810 Seventh Street, N.W., Washington, D.C. 20531 Notice shall include the identification number(s) of each affected grant; (e) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such 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; (f) Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) Statewide — Check X if there are workplaces on file that are not identified here. Section 67, 630 of the regulations provides that a grantee that is a State may elect to make one certification in each Federal fiscal year. A copy of which should be included with each application for Department of Justice funding. States and State agencies may elect to use OJP Form 4061 /7. Check _ if the State has elected to complete OJP Form 406117. As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. 1. R E andAddress: 2. Application Number and/or Project Name: 3. Grantee IRSNendor Numberl) ANSI 1A2.50�501 4. T pe/Print Name a d Title of Authorized Representative 5. Signature 9 6. Date 63 OJP FORM 4061/6 (3-91) REPLACES OJP FORMS 4061/2, 4061/3 AND 4061/4 WHICH ARE OBSOLETE. OFFICE OF JUSTICE PROGRAMS BJA NIJ OJJDP BJS OVC STATE OF WASIIINGTON DEPARTMENT OF COM31ERCE JUSTICE ASSISTANCE GRANT FORM 4 NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) 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 as required. 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. (Note —the source of funds utilized is irrelevant to your response.) (Note —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 ❑ R] 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 1 UU-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 Byrne funded program/project: Project: �� Signature:` I L Date: Z Typed Name: '11"" 0 A/ ` ^-) --k Title: f Representing: C 11 `� e �" e C 34-% { �"'2:!4 0 STATE OF WASHIINGTON DEPARTMENT OF COMMERCE JUSTICE ASSISTANCE GRANT FORM 5 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 award number 201 S-DJ-BX-0187 by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the 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 or opinions in this document do not represent the official position or the policies of the United States Department of Justice." l:'he undersigned agrees to the above requirements- r --- Signature 1 Name of applicant organization Printed Name 10 STATE OF WASHINGTON DEPARTMENT OF COMMERCE JUSTICE ASSISTANCE GRANT FORM 6 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 A of the Grant, including: • Operating costs, including: o Approved personnel costs (salaries and benefits). 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 to 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: • Confidential funds, unless the applicant has completed/submitted a federal Confidential :Fund Certificate to the Department of Commerce, and Commerce has approved the certificate. • Body Armor/Vests, without specific prior approval (special conditions apply) • Body Wom Cameras, without specific prior approval (special conditions apply) • Food, beverages or other refreshments for meetings, conferences, or training (prohibition does not apply to standard per diem when otherwise authorized) • Vehicles, vessels, and aircraft/drones (all except `patrol' vehicles, those require pre -approval) • Construction • Land acquisition ■ Weapons and Ammunition • Victim compensation (direct payment) • Losses arising from uncollected accounts • Contributions to a contingency reserve • Contributions or donations • Entertainment • Fines and penalties (includes flight/hotel and other cancellation fees) • Interest and other financial costs • Consultant fees (above a reasonable and consistent rate for similar services, and/or above $650 for an eight -hour day ---excluding travel and per diem) The undersigned agrees to the above requirements. Signature Name of applicant organization 29'-0-1u11J 6,,,11k Printed Name 11 STATE OF WASH NGTON JUSTICE ASSISTANCE. GRANT DEPARTMENT OF COMMERCE FORM 7 COMPLIANCE WITH RELEVANT FEDERAL AND STATE LAW All recipients of federal grant funds under this program must comply with all relevant federal and state laws and regulations. Which laws and regulations are relevant may vary dependent upon the specifics of the grant program(s) providing funding and the activities supported with such funding. The laws and regulations generally relevant to this grant program include, but are not limited to the following laws and regulations: Financial Management System Financial Management System, Title 2, Part 200 CFR, section 200,302 and .303 Cost Principles and Administrative Requirements, Title 2, Part 200 CFR, Appendices to Part 200 as appropriate State budgeting, accounting, and reporting system, Chapter 43.88 RCW Non -Supplanting, USDOJ OCFO's Financial Guide (as amended), Sec. 2.3 Standards for Financial Management Systems Audits Title 2, Part 200 CFR (the Omni Circular), Subpart F-Audit Requirements Laws Against Discrimination Affirmative Action, RCW 41.06.020 (1) Education Amendments of 1972 (20 U.S.C. §§ 1681,1683,1685-86) Omnibus Crime Control and Safe Streets Act of 1968 (42 USC USC § 3789d) Age Discrimination Act of 1975, Public Law 94-135, 42 U.S.C. 6101-07, 45 CFR Part 90 Nondiscrimination in Federally Assisted Programs Civil Rights Act of 1964 (42 U.S.C. § 2000(d)) 28 C.F.R. Part 42 (U.S. Department of Justice Regulations — Nondiscrimination, Equal Employment Opportunity, Policies and Procedures) Equal Employment Opportunity, Executive Order 11246, as amended by Executive Order 11375 and supplemented in U.S. Department of Labor Regulations, 41 CFR Chapter 60 Nondiscrimination and Equal Opportunity, 24 CFR 5.105(a) Nondiscrimination in Benefits, Title VI of the Civil Rights Act of 1964, Public Law 88-352, 42 U.S.C. 2000d et seq, 24 CFR Part 1 Nondiscrimination in Employment, Title VII of the Civil Rights Act of 1964, Public Law 88-352 Nondiscrimination in Federally Assisted Construction Contracts, Executive Order 11246, 42 U.S.C. 2000e, as amended by Executive Order 11375, 41 CFR Chapter 60 Discrimination - Human Rights Commission, Chapter 49.60 RCW Executive Order 13559 (Fundamental Principles and Policymakers Criteria for. Partnerships with Faith -Based and Other Community Organizations); 28 C.F.F. Part 38 ((IJ.S. Department of Justice Regulations — Partnerships with Faith -Based and Other Community Organizations) Americans with Disabilities Act of 1990 (Title Il, and 42 U.S.C. §§ 12131-34) Rehabilitation Act of 1973 (29 U.S.C. § 794) Continued on Reverse Handicapped Employees of Government Contractors, Rehabilitation Act of 1973, Section 503, 29 U.S.C. 793 12 Handicapped Recipients of Federal Financial Assistance, Rehabilitation Act of 1973, Section 504, 29 U.S.C.794 Minority Business Enterprises, Executive Order 11625, 15 U.S.C. 631 Minority Business Enterprise Development, Executive Order 12432, 48 FR 32551 Office of minority and Women's Business Enterprises, Chapter 39.19 RCW and Chapter 326-02 WAC Notification of Findings of Discrimination or Non -Compliance Policies Regarding Cooperation with Homeland Security, 8 U.S.C. Section 1373 Laws Regarding Ethics, Lobbying, Liability and Public Access Federal Funding Accountability and Transparency Act of 2006 (FFATA) Conflict of Interest, Ethics in Public Service Act, Chapter 42.52 RCW Ethics in Public Service, Chapter 42.52 RCW Lobbying and Disclosure, 42 USC 3537a and 3545 and 31 USC 1352. (Byrd Anti -Lobbying Amendment). 31 U.S.C. 1352 Hatch Political Activity Act, 5 U.S.C. 1501-8 Anti -Kickback Act, 18 U.S.C. 874; 40 U.S.C. 276b, 276c; 41 U.S.C. 51-54 Disclosure -Campaign Finances -lobbying, Chapter 42.17A RCW Omnibus Crime Control Act and Safe Streets Act of 1968 (42 U.S.C. § 3789d) Victims of Crime Act (42 U.S.C. § 10604(e)) Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C. § 5672(b)) Executive Order 11246, as amended by EO 11375, 11478, 12086 and 12102 Housing and Urban Development Act of. 1968, Section 3,12 IJSC 1701 u (See 24 CFR 570.607(b)) Housing Assistance Payments Program, Section 8, Confidentiality/Safeguarding of Information, Sub -Award Document Text, General Conditions Paragraph 10 Privacy Act of 1974, 5 U.S.C. 552a Boards of Directors or Officers of Non -Profit Corporations — Liability - Limitations, RCW 4.24.264 Open Public Meetings Act, Chapter 42.30 RCW Public Records Act, Chapter 42.56 RCW Labor and Safety Standards Convict Labor, 18 U.S.C. 751, 752, 4081, 4082 Drug -Free Workplace Act of 1988, Title V, and 41 USC 701 et seq. Federal Fair Labor Standards Act, 29 U.S.C. 201 et seq. Work Hours and Safety Act of 1962, 40 U.S.C. 327-330 and Department of Labor Regulations, 29 CFR Part 5 The undersigned acknowledges the above notice of relevant laws and regulations. Signature S� i)l z�,s,_,Uj U Name of applicant organization 12 A -A w, u,- b )4 j,,,A Printed Name 13 STATE OF WASHINGTON JUSTICE ASSISTANCE GRANT DEPARTMENT OF COMMERCE FORM 8 CENTER FOR TASK FORCE LEADERSHIP AND INTEGRITY TRAINING Every individual participating in a task force, overseeing or reimbursed with federal funds under this program must complete the relevant CTFLI training as presented at https://www.centf.orgZCTFLI/. Individuals responsible for program evaluation or assessment of compliance with either federal or program rules and regulations for this program must complete each training module within 120 days of assuming that position/duty or within one year of the beginning of the current contractual period, whichever is later. I certify that I have completed the training as specified above. OR [71 1 attest that I am within 120 days of assuming a position requiring the training specified above and will notify COMMERCE when I have completed that training. 'I _8 `1 r- k PrintedName Gn V-w.A'-a 16 Titic Dat 14 STATE OF WASHINGTON JUSTICE ASSISTANCE GRANT DEPARTMENT OF COIVEMERCE FORM 9 CIVIL RIGHTS TRAINING An individual representing each entity receiving reimbursement under this program is required to complete the Office of Justice Programs. 0Mice For C i. it Rights - Training for Granter loomed at: litip:l/p ggt»/,botitiocr/ocr-tr :mitt -videos/video•oct-trainiii r.hiri, or training at least cquivalent to that training, and return this completed certification prior to drawdown of grant funds. Select one of the two training options: 1, Office for Civil Rights — Training for Grantees as specified below: Module Lenath f7Overview................................................................................................................................32:10 ❑ Overview: Self Test ..................................... ............................................................................ 11:37 ❑ Service to LEP Persons...........................................................................................................19:53 ❑ Test: Service to LEP Persons..............................................................••....................................6:02 ❑ State Administering Agencies ..... (Grantees with Sub -Recipients only)............................27:37 ❑ Test: State Administering Agencies (Grantees with Sub -Recipients only) ............................. 6:48 ❑ Faith -Based Organizations ........................... ......... .................................................................. 15:27 ❑ Test: Faith -Based Organizations............................................................................................... 8:29 ❑ American Indians...................................................................................................................10:40 ❑ Test: American Indians ................................. .................................................................. ......... 6:01 ❑ Standard Assurances .................... ............ ..... .......... ........ ..................... ... ....................... I ....... 12:41 ❑ Test: Standard Assurances........................................................................................................4:38 OR 2. Other training at least equivalent to the Office for Civil Rights — Training for Grantees Optional training videos are available from the Office for Violence Against Women and may be reviewed at: https://se treli justice.gov/seareli?affiliate jtistice&op=Search&page=2&query=videos As the individual with primary functional responsibility for equal opportunity and civil rights compliance for the applicant jurisdiction or organization, I hereby certify that I have completed the on-line training modules identified above, or have received equivalent professional `.HR' training equivalent to that identified above, or a comprehensive update on such equivalent training, within the last two years. For the State Administering Agencies module and the test for that module, I have consulted with the primary grant manager for this award program as to whether there are or will be sub -recipients, and completed those modules or equivalent training if applicable. This certificate is valid for two years from the date of execution. rN ItTi3H OFFICIAL WITH 1 rIONAL. RESPONSIBILITY TITLE OF OFFICIAL COMPLETING THE CERTIFICATION RJR1SDiCT[QN/0RGANIZAJ0N REPRESENTED .DATE 15 STATE OF WASHINGTON DEPARTMENT OF COMMERCE JUSTICE ASSISTANCE GRANT FORM 10 CIVIL RIGHTS REQUIREMENTS 1. C.[NIITEU ENc;[.ESH PROI'ICIEI,�['1' 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 where necessary, including oral and written translation. 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�le a.g_ov. 2. FEMitti, NON-DiscRIh11NA TION REQUIREMENTS The applicant will comply with any applicable federal nondiscrimination requirements, which may include: * the Omnibus Crime Control Act and Safe Sheets Act of 1968, as amended (42 U.S.C. § 3789d); * the Victims of Crime Act of 1984 as amended (42 U.S.C. § 10604.(e)) and 28 CFR § 94,114; * the Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C. § 5672(b)) as amended; * Title VI of 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 13559 (Fundamental Principles and Policymakers Criteria for Partnerships with Faith -Based and Other Community Organizations); * 28 C.F..R, Part 38 ((U.S. Department of Justice Regulations — Partnerships with Faith - Based and Other Community Organizations); * 28 CFR § 31.202, 403; * Violence Against Women Act: (VAWA) of 1994, as amended (42 U.S.C. § 13925(b)(13)); and Applicable Department of Justice regulations implementing the above -referenced statutes 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. NOT[ 11CAT ION of I+IND144GS OF DItiSCRIA1INATION ❑RNO1N-COMPLIANCE 16 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, sexual orientation or gender identity 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 finding is related to any grant activity supported with a grant in which U.S. Department of Justice Funds are involved, and shall identify all open grants utilizing U.S. Department of Justice funding by contract number and program title. The applicant shall include a statement clearly stating whether or not the finding is related to any grant activity supported with a grant in which U.S. Department of Justice Funds are involved, and shall identify all open grants utilizing U.S. Department of Justice funding by contract number and program title. 4. EQUAi, ENipi.o),,Nii~.!'!' OPPOR-rL:Nl-'1' PROGiIAM (ESOP) 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 EEOP, 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 toclaim 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 litip:/Iw%vtv.oip.tisdoi.gov/ocr/ 5. APPLICANT DUTY TO ENSURE, SuB-RcapIENTS COMPLIANCE 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, a CO "V SwNxrvK9 OF INDIvEDUAL WITH FUNCTIONAL RESPONSIBILITY TITLE OF OFFICIAL COMPLETING THE CERTIFICATION JURISDICTION/ORGANIZATION REPRESENTED DATE 17 STATE OF WASHINGTON JUSTICE ASSISTANCE GRANT DEPARTMENT OF COMMERCE FORM II EQUAL EMPLOYMENT OPPORTUNITY PLAN (EEOP) CERTIFICATION j�% Recipient Name and Address LI ' �r��_ YV( I $-M.c-SS ,— �� Grant Title: Justice Assistance Granan��ton State Grant Number:dw' 1'j4�-+� Subaward No.: _ Award Amount: 2,a 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 hmployment Opportunity Plan (ESOP) in accordance with 28 CFR Sections 42.301-308. The regulations exempt some recipients from all ofthe EEOP requirements. Other recipients, according to the regulations, must prepare, maintain on file, and implement an ESOP, 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 B below. Recipients that claim the limited exemption from the submission requirement must complete Section C below. Recipients should complete Section A, B or Section C, asu inultirtlr_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. 5ectio A -Declaration rc pli nec with the EEOP Requirement I �A e�' e[individuith rimary functional responsibility for equal opportunity/civil rights compiiwice for the jurisdiction], certify that c s wid G - _ [recipient] has prepared an EEOP and if appropriate submiue in the OfTice of Civil Rights, US i partment of Justice a copy, pursuant to 28 CFR. Vaness � HJe-4+ 03 f z2/Zo22 Print Name of Individual with ignature Date Primary Functional Responsibility Section B - Declaration of Claiming Complete Exemption from the EEOP Requirement. Please check all boxes that apply. ❑ Recipient has less than 50 employees ❑ Recipient is an Indian Tribe ❑ Recipient is a non-profit organisation ❑ I(ccilikv is an educationnl institution ❑ Recipient is a medical institution 1KRecipient's award is less than $25,000 i _Vko r°SS_&-;,- lindividt I wi primary tiro •tin lul responsibility for equal opportunity/civil rights compliance for the jurisdiction], certify that l�I- �Q.r Gr _ [rccipi nt] is i� rcquir d r pare an EE(3P f+rr llle reastIn(s) checked above, pursuant CFR Sections 42.302. 1 further certify that �t i _,& 'i [recipient jurisdiction] will comply with the applicable Federal civil rights laws that prohibit disc minaiion in employment and in & delivery of services. V&0�ar� Print Name of Individual Signature Q Date Section C: - Declaration Claiming ,Exemtrtian frisin tile F.E01, Sul+ntiss•ron flee nirement and Certifying that an EEOP 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 oppartuttity/eivil 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 nMcials 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 18 Insert copy (image) of Email a copy of the EEOP Utilization Report including signaturelapproval page(s) to abigail.snyder@commerce.wa.gov 19 STATE OF WASHINGTON DEPARTMENT OF COMMERCE Office of Civil Rights Compliance Checklist JUSTICE ASSISTANCE GRANT FORM 12 A. Federally -Mandated Activities: Equal Opportunity Program 1. EEOP total exemption criteria: Yes No ` Yes No N/A a. Recipient agency (total agency/jurisdiction, not just applying component) has less than 50 employee X b. Recipient agency is an educational institution X C. Recipient agency is an Indian Tribe X d. Recipient agency is a medical institution X e. Recipient agency is a non-profit organization X f. Recipient agency's award is less than $25,000 X g. Recipient agency's award is less than $500,000 X Totally Exempt? Is any complete exemption factor above (1a. thru 1f.) a "Yes"? In comments enter "EEOP Total Exemption" or" EEOP Required" X EEOP Total Exemption 2- If totally EEOP exempt recipient agency has certified it is so exempt and that it will comply with applicable Federal civil rights laws that prohibit discrimination in employment and in the delivery of services X lNot Totally Exempt: 371 If the award is for $500,000 or more, EEOP submission made to the USDOJ Office of Civil Rights 4. Was the EEOP submitted to COMMERCE 5. Approval and Expiration dates Effective: Expiration: 6- _ EEOP is available for review If the award is for less than $500,000 EEOP Certification Form has been submitted to COMMERCE 7- 8. EEOP has been formulated and signed into effect within the past two (2) years Generic Civil Rights Compliance (Non-EEOP): 9. How does the agency notify program participants and beneficiaries that it does not discriminate on the basis of race, color, national origin, religion, sex, sexual orientation, gender identity, disability, and age in the delivery of services (e.g. posters, inclusion in brochures or other program materials, etc.) Job Announcements Web Site Posters Other (specify): 20 Office of Civil Rights Compliance Checklist 10 How does the agency notify employees and prospective employees that it does not discriminate on the basis of race, color, national origin, religion, sex, sexual orientation, gender identity and disability in employment practices (e.g. posters, dissemination of relevant orders or policies, inclusion in recruitment materials, etc.) Written policies or procedures in place for notifying program beneficiaries how to file complaints alleging discrimination by the agency with PG&R and the USDOJ Office for Civil Rights — Explain Yes No NIA Job Announcement l� Orientation Training Web Site Refresher Training Posters j Employee Handbook Other (specify): 11 12, Grievance Procedures — Notification — Training - Point of Contact Item 12a thru 12c apply only if both Items 1 a and 1f are 'No' a. Adopted grievance procedures that incorporate due process standards and provide for the prompt and equitable resolution of complaints alleging a violation of the DOJ regulations implementing Section 504 of the Rehabilitation Act of 1973, found at 28 CFR Part 42, Subpart G, which prohibit discrimination on the basis of a disability in employment practices and the delivery of services Policy & Procedures Web Site or Intranet Employee Handbook Collective Bargaining Agreement Other (specify): b. Designated a person to coordinate compliance with the prohibitions against disability discrimination contained in 28 CFR Part 42, Subpart G Designee's Title: C. Notified participants, beneficiaries, employees, applicants, and others that the agency does not discriminate on the basis of disability - How Does the agency conduct any training for its employees on the requirements under federal civil rights laws - Explain Job Announcement Orientation Training [ Web Site Refresher Training I Posters Employee Handbook Other (specify): _ d. Orientation Training Supervisors Training Refresher Training (type): Other (specify): Limited English Proficiency Steps has the agency taken to provide meaningful access to its programs and activities to persons who have limited English proficiency (LEP) r Jurisdiction Law W in general Enforcement 13. Assessed LEP population & critical services Hiring LEP language proficient speakers Training personnel in LEP languages Coordinating for LEP speakers in advance LEP speakers called upon contact Language Line used Corresponding common phrase (crib) sheets 21 Ottice of UVII Klgnts uornpIlance t neCKllsi No I NIA E- Jurisdiction in general Law Enforcement i 14 Limited English Proficiency (LEP) -- Written policy on providing language access to services (Not a requirement, a question) Yes Education Program or Activity operated by the agency, has the taken the followin actions:Adopted Ha _agency grievance procedures that incorporate due process standards and provide for the prompt and equitable resolution of complaints alleging a violation of the DOJ regulations implementing Title IX of the Education Amendments of 1972, found at 28 CFR Part 54, which prohibit discrimination on the basis of sex _ Designated a person to coordinate compliance with the prohibitions b. Designee's against sex discrimination contained in 28 CFR Part 54 -Who I Title: c. Notified applicants for admission and employment, employees, students, parents, and others that the agency does not discriminate on the basis of sex in its educational programs or activities 16 Religious Activities, if subrecipient is a religious institution or a faith -based ' or aniMtion: a. Provide notice actual & potential beneficiaries that the subrecipient does not discriminate in the delivery of services based on religion b- Provide notice that if beneficiaries object to the `religious character' of the subrecipient, the subrecipient will make a reasonable effort to find an i alternative service provider in close qegarphic proximity Keep a record of requests for an alternative service provider and their c. efforts to find such, and their follow-up with the re uestor + 17 Finding/Rulings _ tea. 7 Has the contractor, or its subcontractors/formal participants, had any formal f findings or rulings against it or its key officers regarding Equal Opportunity (grounds of race, color, religion, national origin, or sex), within the last two _ years? — Explain if Yes b- Was COMMERCE (or Task Force Lead agency) and USDOJ Office of Civil _ Rights promptly notified of any finding? _ C. I Corrective action, as negotiated or directed, been implemented? 18. In accordance with the Federal Civil Rights Compliance Checklist, incorporated in this section of the monitoring tool, does the agency appear to be in full Comments: compliance with federal law and regulation _ Office of Civil Rights Compliance Checklist B. flrug4rr" i CP>I1Ca T Yea No NIA 19. Does the agency have a Drug -Free Workplace policy in place? �— 20 Who administers the Drug -Free Workplace Program? �Offce o- F:� i Position Title A\JL21ow0-cC_ 21 Do the provisions include_ • Counseling 0 Rehabilitation_ . Employee Assistance If 22. Do violations result in: • Termination . Penalties Rehabilitation c u ^� ='�Q r t S 23. Has any employee of the contractor, or its subcontractors/formal participants, been convicted of a criminal drug offense on the job or premises, within the last , two years? 24. Was COMMERCE (or Task Force lead agency) notified promptly (within 5 days, I T BJA within 10 days of the conviction)? 25. Was appropriate personnel action taken within 30 days-, Conflict of Interest 26. Has any allegation or finding of Conflict of Interest been made against any employee or official of the contractor, or its subcontractors/formal participants, in relation to the grant within the last two years? (Limit response to projects personnel, supervisors and policy chain) ; 27 Was COMMERCE (or Task Force lead agency) notified promptly j (within 30 days; if actively investigated, after conclusion of the investigation)? 2$• Describe the allegation or finding x Certification: The undersigned certify that the above is a true representation of offthe Civil Rights fand r ,other issues covered by this checklist. For (responding City, County, Tribal Jurisdiction, or Non -Governmental Entity): C,1 fiA Opt' i �(� t k`& I Y V 1 M11 Slg attlrB (of Human ondent) ate Sig nature (of grant activity coordinator (items 13,14,17 & 23-27)) Fl Name/Title of Respondent Name/Title of Respondent Note: Project coordinator/liaison (right signature block) should respond to questions with color accented line numbers (13, 14, 17 & 23-27) as in some jurisdictions these events are resolved between department heads and the executive council, and are not consistently reported to Human Resdurces/Personnel. 2y 3 _Lc- ZZ Date STATE OF WASE[INGTON DEPARTMENT OF COMMERCE JUSTICE ASSISTANCE GRANT FORM 13 FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) Section 1 Agency/Jurisdiction legal Nance: Section 2 Responses should be for the entire Jurisdiction/Organization, not just the department /division to utilize grant funds. a) Total Federal Revenues for the prior fiscal year �S'3 Lq3Z q6 (ARRA, Non-ARRA, Directly & Indirectly received) b) Is `a' above equal to or greater than $25,000,000? Yes f �o] (ctrcien" c) If `b' above is `No', skip to Section 3 a), enter check `Not Required' and execute the certificate, otherwise continue, compensation reporting may be required. d) Total Revenue ( including Federal Revenue) for the prior fiscal year e) Calculation: a d (Total :Federal Revenue divided by Total Revenue) -f) Is `e' above equal to or greater than .8? Yes No (Circle One) g) If `>P above is `No', skip to Section 3, enter check `Not Required' and execute the certificate, otherwise continue, compensation reporting may be required. h) Have you filed senior executive's compensation with either of the following? 1. Securities & Exchange Commission (tinder see 13(a) or 15(d) of the Securities Exchange Act of 1954) 2. Internal Revenue Service (Sec 6104 of the Internal Revenue Code of 1986) Yes No (Circle One) i) If `h' above is `Yes', skip to Section 3a), enter check `Not Required' and execute the certificate, otherwise continue, compensation reporting is required. 24 Section 3 Compensation Reporting Requirement: a) Not required to report senior executive compensation. (Sec 2b or 2f = `No', or 2h = `Yes') PD b) Enter the name, title and total compensation of the five individuals receiving the greatest total compensation for the reporting jurisdiction (or agency if the Grantee is not a unit of state, local or tribal government). Name Title Compensation 1. 2, 3. 4, 5. Section 4 I, am the chief financial officer of the jurisdiction/organization or their designated representative, and certify that the data presented on this form is an accurate reflection of the jurisdiction's/ organization's fiscal records. - 7;;(� Signature Printed N ne _ R/�$ZZ_ Date 25 STATE OF WASHINGTON JUSTICE ASSISTANCE GRANT DEPARTMENT OF COMMERCE FORM 14 COMMERCIAL INSURANCE, RISK POOL OR SELF INSURANCE Cities and Counties receiving grant funds directly from Commerce under this program must have: Automobile Liability, In the event that performance pursuant to this Agreement involves the use of vehicles, owned or operated by the Contractor or its Subcontractor, automobile liability insurance shall be required. The minimum limit for automobile liability is $1,000,000 per occurrence, using a Combined Single Limit for bodily injury and property damage. Commercial General Liability Insurance Policy. Provide a Commercial General Liability Insurance Policy, including contractual liability, written on an occurrence basis, in adequate quantity to protect against legal liability arising out of Agreement activ€ty but no less than $1,000,000 per occurrence. Additionally, the Contractor is responsible for ensuring that any Subcontractors provide adequate insurance coverage for the activities arising out of subcontracts, Employers Liability. Insurance providing wage replacement and medical benefits to employees injured in the course of employment, filling the gaps between Worker's Compensation and Commercial General Liability. Fidelity Insurance. The Contractor shall maintain insurance coverage at least equal to the awarded funds under this agreement to protect against fraudulent acts by individuals authorized to receive or deposit funds into program accounts, or to prepare or issue financial documents, checks, or other instruments of payment for program costs. Professional Liability, Errors and Omissions Insurance, The Contractor shall maintain Professional Liability or Errors and Omissions Insurance. The Contractor shall maintain minimum limits of no less than $1,000,000 per occurrence to cover all activities by the Contractor and licensed staff employed or under contract to the Contractor. The state of Washington, its agents, officers, and employees need not be named as additional insureds under this policy. Worker's Compensation. Coverage of employees which in the course of employment incurred bodily injury (including death) by accident or disease that arises out of or in connection with the performance of the grant agreement. The agency executing the grant award for this program shall provide insurance coverage as set forth above. The intent of the required insurance is to protect the state should there be any claims, suits, actions, costs, damages or expenses arising from any loss, or negligent or intentional act or omission of the Grantee or Subgrantee/subcontractor, or agents of either, while performing under the terms of this Grant. The insurance required shall be issued by an insurance company or risk pool authorized to do business within the state of Washington. Except for professional Liability or Errors and Omissions Insurance, the insurance shall name the state of Washington, its agents, officers, and employees as additional insureds under the insurance policy. All policies shall be primary to any other valid and collectable insurance. The Grantee shall instruct the insurers to give COMMERCE thirty (30) calendar days advance notice of any insurance cancellation, non -renewal or modification. The Grantee shall submit to COMMERCE, within 15 days of being requested, a certificate of insurance which outlines the coverage and limits defined in this insurance section. Commerce will be named as an additional insured on this certificate. During the term of the Grant, the Grantee shall submit renewal certificates not less than thirty (30) calendar days prior to expiration of each policy required under this section. The Grantee shall provide insurance coverage that shall be maintained in full force and effect during the term of this Grant CJ `mow_ _ SIGNATURE OF INDIVIDUAL WITH FUNCTIONAL RESPONSIBILITY TLE C 1 IT3MCIAL CD. ijiNc THE CERTIFICATION JURISI)iMON/OX0AINIZAITO PK sGN'rim T]ATi: 26 'rATE OF WASHINGTON JUSTICE ASSISTANCE GRANT DEPARTMENT OF COMMERCE FORM 15 S STATE OF WASHINGTON OFFICE OF FIREARM SAFETY & VIOLENCE PR - ENTION PUBLIC SAFETY UNIT 1011 Plum Street SE • PO Box 42525 • Olympla, Washing to 9iJ50A-2525 (360) 725-2895 • f-8 86-857 -9589 1 Jurisdiction/Organizati Tribe: Click or tap here to enter text Recipient Program/I)epari ent: Click or tap hereto enter t t. Person(s) completing the to\Click here to enter xt. Title: Click or tap hereto en Phone/Email: Click or tap h. Date submitted to Commerhere to s. iter text. Assessment Questions Please answer each question completely a 1 supporting details where requested. Explain any organizational restructuri tha occurred within the last 12 months that affect Commerce contracts or grants. Mak sure to 'cuss the following: • Organizational changes ( visions, depa meats, units) Programmatic changes ervices being pr ided, level of services, etc) • Business systems (w ' h can include financi human resources, programmatic, etc) Provide details of the restr cturing, the timeframe for wh\1aurring and the status of the change. Click or tap here to enk' text. ❑ Check box if n relevant organizational restructuring hthe last 12 months. Has the org )ization expanded services or created new services within the Ia\4o? ❑ Yes No If yes, ease describe and list the new or existing resources that support this 2 servi s. ' Click or tap here to enter text. 27 ATE OF WASHINGTON JUSTICE ASSISTANCE GRANT YARTMENT OF COMMERCE ' "j'k FORM 15 a � r r � � fll6p rl STATE OF WASHINGTON OFFICE OF FIREARM SAFETY & VIOLENCE PREVENTION PUBLIC SAFETY UNIT 1011 Plum Street SE • PO Box 42525 • Olympia, Washington 98504-2525 (360) 725-2895 •1-866-857-9889 Jurisdiction/Organization/Tribe: Click or tap here to enter text. Recipient Program/Department: Click or tap here to enter text. Person(s) completing the form: Click or tap here to enter text. Title: Click or tap here to enter text. Phone/Email: Click or tap here to enter text. Date submitted to Commerce: Click or tap here to enter text. Assessment Questions Please answer each question completely and provide supporting details where requested. Explain any organizational restructuring that occurred within the last 12 months that affect Commerce contracts or grants. Make sure to discuss the following: Organizational changes (divisions, departments, units) s Programmatic changes (services being provided, level of services, etc) Business systems (which can include financial, human resources, programmatic, etc) Provide details of the restructuring, the timeframe for which this has/is occurring and the 1 status of the change. Click or tap here to enter text. ® Check box if no relevant organizational restructuring has occurred within the last 12 months. Has the organization expanded services or created new services within the last 24 months? ❑ Yes ® No If yes, please describe and list the new or existing resources that support this expansion in services. Click or tap here to enter text. 27 3 4 5 Describe turnover in key positions during the past 12 months in those areas of the organization that administer or support OFSVP Public Safety Unit programs for the following categories. Along with the description, include the number of positions/FTEs for each category. - Executive Management/Tribal Executive Management Staff - Fiscal - Council, Commissioners/Tribal Council Describe your plan and timeframe for filling, training, or covering the duties of any vacant positions. Click or tap here to enter text. ® Check box if there has been no turnover in key positions during the past 12 months. Does your organization/Tribe have any pending or recent past litigation or legal action? ®Yes ❑No If yes, please describe the litigation or legal action. 1 have attached the annual report submitted to the Washington State Auditor's Office at the end of this packet. Has your organization/Tribe terminated or has Commerce terminated any contracts in the last 24 months because of performance or compliance issues? ❑ Yes ® No If yes, please explain the circumstances. Click or tap here to enter text. Does your organization/Tribe have funders other than the OFSVP Public Safety Unit who monitor (non -audit) contracts and grants? ® Yes ❑ No If yes, please list them and include the frequency in which monitoring is conducted. This is completed internally. 28 Have you had an audit in the last 24 months? ® Yes ❑ No If no, explain why an audit was not needed or required. Click or tap here to enter text. 7 If you have had an audit, explain the type of audit (e.g. financial, federal compliance, internal control, etc). All financial, federal compliance, and internal control audits are completed by the Washington State Auditor's Office. List any audit findings you have received from an external entity within the last 24 months. Click or tap here to enter text. If findings were included in the audit, please describe the corrective action plan and state if it 8 is either in progress (providing detail on the status for implementation) or has been completed. Click or tap here to enter text. ® Check box if there were no findings. Have you, or do you intend to sub grant or sub contract any funds received from OFSVP Public Safety Unit? ❑ Yes ® No 9 If yes, how do you monitor your sub grantees/sub contractors services and expenditures? Click or tap here to enter text. What percent of your organization's annual budget is government funding (federal and state)? 10 ❑ Under 10% ❑ 10 — 30% ® 30 — 50% ❑ More than 50% Does 20% or more of the total funding for your organization come from OFSVP Public Safety Unit? Please use a two or three year analysis to answer this question. ❑ Yes ® No If your organization has experienced "funding swings" where one fiscal year you do receive 11 20% or more of your total funding from OFSVP Public Safety Unit and in another year you do not, please explain why this has occurred. Click or tap here to enter text. Explain the management and the board/or council's role in the following: 12 ■ Monitoring financial and programmatic compliance 29 Evaluating or assessing the performance of the executive director ■ Developing policy • Reviewing programmatic results Click or tap here to enter text. City's Finance Director keeps the city in compliance. 1 How many years has your organization/Tribe administered federal or state funds? 13 • Federal funds: ❑ less than 2 years ❑ 2 — 5 years ® more than 6 years 14 • State funds: ❑ less than 2 years ❑ 2 — 5 years ® more than 6 years List specific experience in government grant administration and government contract administration for the following staff: 6 Executive Management: ❑ less than 2 years 112 — 5 years ❑ more than 6 years 6 Fiscal/Bookkeeping Staff: ❑ less than 2 years ❑ 2 — 5 years ❑ more than 6 years Include the total number of years of experience for each of the categories above. 25+ years. I certify that the information provided is true and correct f Sig ature Date d-�.) D %J ^k C0 v.- �. Print or type name and position 30 STATE OF WASHINGTON JUSTICE ASSISTANCE GRANT DEPARTMENT OF COMMERCE FORM 16 CUSTOMER SATISFACTION AND EVIPROVEMENT The following questions are intended to help us improve our application process. Please indicate your agreement/disagreement with the following statements. Your responses will not impact the evaluation of your application in any way. 1: Strongly Disagree 2: Disagree 3: Neither Agree Nor Disagree 4: Agree 5: Strongly Agree 1. The application instructions were clear. 1 2 3 4 5 2. The application questions were easily understood. 1 2 3 4 5 3. I was able to receive the assistance I needed from Commerce to complete the application. 1 2 3 4 5 4. I had adequate time to prepare the application prior to the deadline. 1 2 3 4 5 5. Given program requirements, the application process was reasonable. 1 2 3 4 5 6. Which forms or portions thereof were particularly difficult to understand or respond to, and do you have any recommendations for how they should be presented? 31 CITY OF AZ Federal Way Centered on Opportunity VIA E-MAIL: Pavath.Phommachanh@sao.wa.gov June 24, 2021 Washington State Auditor's Office ATT: Pavath Phommachanh P.O. Box 40021 Olympia, WA 98504 CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 w ww. cityofederalway. com Jlm Ferrell, Mayor Re: Report on Contingencies and Litigation in Compliance with Auditing Requirements Dear Auditor: Pursuant to RCW 43.09.260, this information is submitted to you in connection with the audit of the City of Federal Way, for the year ending December 31, 2020. Specific information with respect to pending lawsuits, claims and actions, the probable or actual outcome of such claims and suits, and the nature and amount of any other direct or indirect liabilities of the City of Federal Way are as follows: I. LITIGATION A. CASES FILED PRIOR TO OR IN 2020 AND RESOLVED IN 2020 or 2021 1. Branden Gonzalez vs. City of Federal Way, King County Superior Court, No. 20-2- 01880-5 KNT The City was served on January 27, 2020. Plaintiff sustained injuries when he was struck by a north -bound vehicle as he was crossing Pacific Hwy S at S Dash Point Rd. Plaintiff alleges City staff were negligent in operating the Opticom system (an automatic system for controlling traffic signals in response to approaching emergency vehicles) and the Ilse of Opticom created an unreasonable risk to the plaintiff who was lawfully crossing the highway. The City settled the lawsuit through negotiations. Washington State Auditor June 24, 2021 Page 2 of 5 2. NIichaeI Garrett vs. City of Federal Way, et al., Untied States District Court, Western Division No. 2:19-cf-01916 The City received the lawsuit by U.S. Mail on December 3, 2019. The complaint alleges civil rights claims under 42 U.S.0 § 1983 Fourth Amendment excessive force, battery, infliction of emotional harm, and Respondent Superior for injuries sustained by Plaintiff when a police dog ("K-9") bit his leg during an arrest. Plaintiff alleges that officers used excessive force by using the K-9 instead of a less lethal force such as chemical spray, batons, etc. Plaintiff alleges he was complying with the officer's orders at the time the K-9 apprchcnded him, even though he admits to yelling at the officers to shoot him in the head while pointing at his heart and chest. The City settled the lawsuit through negotiations. 3. Zakee Shakir vs. llichard Adams, United States District Court, Western Division No. C18-1333-RSL-JPD Plaintiff alleges that City of Federal Way officer Richard Adams intentionally used false statements in order to have plaintiff incarcerated and charged with felony crimes. A magistrate recommended the action be dismissed on summary judgment on April 12, 2019. Plaintiff objected to the report and recommendation of the court. The Court confirmed its dismissal on June 18, 2019. Plaintiff appealed the matter to the U.S. Court of Appeals, 9`h Circuit. The 9th Circuit Court affirmed the dismissal in August. The Plaintiff pctitioncd the Court for a rehearing which was denied on November 3, 2020. B. CASES FILED IN 2021 THAT REMAIN PENDING 1. Aleksey Zorchenko vs. City of Federal Way, et. A., King County Superior Court No. 21-2-06919-0 SEA The City was served on May 27, 2021. Plaintiff sustained injuries when he was pinned under a vehicle driving by an alleged drunk driver. A Federal Way police officer was investing a rear - collision that Mr. Zorchenko was involved in prior to the secondary collision where the alleged drunk driver hit the police vehicle, that was parked behind the original collision, and then hit one of the vehicles involved in the original collision and continued onto the shoulder pinning Mr. Zorchenko under his vehicle. Plaintiff claims that the officer was negligent because she had not parked her vehicle at the appropriate angle and allegedly did not have her safety lighting activated. The case is in the initial stage; however, the City believes it will prevail. Trial is scheduled for May 23, 2022. Defense is being handled through WCIA. C. CASES FILED PRIOR TO OR IN 2020 THAT REMAIN PENDING Washington State Auditor June 24, 2021 Page 3 of 5 1. NIelunv Mich (;Iiit"diun fr)r'.1.w. cl al. vs. Ci ty of I+edcraI Way, King County Superior Court No. 19-2-08791-9 KNT The City was served on April 4, 2019. Plaintiff alleges the City was negligent in the design, placement, maintenance of a crosswalk and nearby foliage, that the sidewalk was not safe for ordinary pedestrian travel including children who attend a nearby school, and infliction of emotion distress. Minor child, J.W., was hit by a driver while using a marked crosswalk with flashing warning lights to cross a multi -lane road on his way to school on September 22, 2016. The case is in the final states of discovery; however, the City believes it will prevail. Trial is currently scheduled for October 25, 2021. 2. _Cara] Williams, vs. Citv of Federal Wes, of al., King County Superior Court No. 21-2- 01698-3 KNT The City was served on November 4, 2019. Plaintiff alleges negligence under the Federal Tort Claim Act for injuries sustained when she tripped and fell on a sidewalk outside Villa Capri Apartments. Plaintiff stopped her vehicle by the curb to check her mailbox located in a row of community mailboxes when she tripped on an exposed bolt protruding from the sidewalk. The United States District Court, Western Division, granted defendant, United States Post Office their motion to dismiss them as a party to the action on December 22, 2020. Plaintiff then was required to refile the lawsuit in Superior Court. Discovery is being conducted. Trial is currently scheduled for September 13, 2021. 3. Yolie FeIiz-Bordonada vs. Daniel Keiser, et al., King County Superior Court No. 18-2- 22470-5 The City was served this lawsuit on April 24, 2020. The other co-defendants include the driver, land developer, and designer, all of which have been involved in the lawsuit prior to the City being included. Plaintiff alleges that City staff were negligent in approving the design and placement of a business sign, stop sign, stop bar, and vegetation and maintaining the intersection and crosswalk area of the driveway leading to businesses at 335" and Pacific Hwy S. According to the complaint, Ms. Feliz-Bordonada was traveling by bicycle south on the east sidewalk when the Defendant Keiser failed to stop, running over Ms. Feliz-Bordonada in a large pick-up truck, while turning right onto north Pacific Hwy. The case is in the end stages of discovery. A motion for summary judgement is scheduled for August 6, 2021. Trial is currently scheduled for January 3, 2022. Washington State Auditor June 24, 2021 Page 4 of 5 4. Rental Housing Association of Washington vs. City of Federal Way, King County Superior Court No. 19-2-32370=1 KNT The City was served on December 16, 2019. Plaintiff alleges various violations of state and federal law including a takings claim and due process claims related to the passage of Federal Way Citizen's Initiative 19-001 related renter protections. Initiative 19-001 was on the November 5, 2019, election ballot, which was passed by the voters. The initiative provided for various rights and obligations by landlords and tenants to protect their rights. The case is in discovery. Trial is currently scheduled for November 29, 2021. 5. Graham Coniractin Ltd. vs. Ci of Federal Way. King County Superior Court No. 20-2-15834-8 KNT On August 25, 2016, the City executed a $16,700,526.60 contract with Graham Contracting, Ltd. ("Graham") to construct improvements to Pacific Highway South from S 340th Street to S 359th Street in Federal Way. The project will add HOV lanes to Pacific Highway South and includes new asphalt, concrete pavement, curb and gutters, sidewalks, median construction, drainage improvements, structural retaining walls, utility undergrounding, traffic signals and interconnect, illumination, landscaping, and other work. Graham began construction on September 12, 2016 with 350 working days to complete the project and a substantial completion date of February 2019. Graham Contracting, Inc. has made claims against the City of Federal Way in King County Superior Court, Cause No. 20-2-15834-8 KNT, under different legal theories seeking recovery of additional costs it alleges to have incurred in completing its work with regard to the remivation and expansion of the Pacilc Highway in Federal Way. Gi-altam seeks approximately $12,000,000 from the City under various theories, including of City -caused delays, additional work, defective drawings and specifications, cumulative impact, breach of the duty of good faith and fair dealing, differing site conditions, and quantum merit/unjust enrichment. Graham also seeks to recover from the City liquidated damages currently being withheld by the City due to the significant delays caused by Graham in completing the project. The lawsuit is based upon two claims made by Graham during the project, which the City reviewed and denied. Grah7nn filed its complaint against the City in October, 2020, discovery cutoff is February 14, 2022, and the case is currently scheduled for trial on April 4, 2022. In response to the lawsuit, the City denied Graham's claims and asserted affirmative defenses, including the defense that Graham waived its claims by failing to follow the contractual notice and protest provisions of the contract. Since the lawsuit was initiated, the parties have conducted discovery, mostly focused on production of documents. Given the length of the project, there are over 1,000,000 documents that have been produced, and are continuing to be produced. In addition, limited depositions have taken place. The City filed a motion for sutnma}ry judgement, seeking dismissal of all or part of Graham's claims on the lack of notice Washington State Auditor June 24, 2021 Page 5 of 5 defense, which is set for oral argument on June 25, 2021. The City disputes and intends to vigorously defend against any and all claims asserted by Graham. II. CONCLUSION This completes our summary of pending lawsuits, claims and actions pending against or filed with the City of Federal Way from January 2020 through June 26, 2021. If you have any questions about the foregoing, please call me at (253) 835-2572. Sincerely. J. Ryan Call City Attorney City of Federal Way cc: Jim Ferrell, Mayor KAmayorlauditlaudit.21 t� UACriminal Intelligence Systems Operating Policies �YNiY a/JYagce waa�atallie U.S. oepa"Ment of Jumtke THIS IS TO CERTIFY RAYMOND BUNK HAS SUCCESSFULLY COMPLETED THE CRIMINAL INTELLIGENCE SYSTEMS OPERATING POLICIES (28 CFR PART 23) ONLINE TRAINING ON April 5, 2022 Training developed by the Institute for Intergovernmental Research`on behalf of BJA 5SKFORCECENTER C FOR TATRAIN€NG CENTER FOR TASK FORCE LEADERSHIP AND INTEGRITY THIS IS TO CERTIFY THAT Raymond Bunk HAS SUCCESSFULLY COMPLETED THE TASK FORCE COMMANDER LEADERSHIP AND MANAGEMENT ONLINE TRAINING ON November 10, 2021 t '12 Bit Michael J. Costigatr. 4ving Director, Bureau of Justice Assistance CENTER FOR TASK FORCE TRAlNlMG CENTER FOR TASK FORCE LEADERSHIP AND INTEGRITY THIS IS TO CERTIFY THAT Raymond Bunk HAS SUCCESSFULLY COMPLETED THE SAFEGUARDING PRIVACY, CIVIL RIGHTS, AND CIVIL LIBERTIES IN TASK FORCE OPERATIONS. ONLINE TRAINING WINNI November 11, 2021 qtjjl.12 BAR Michael J. C ostig Arsine Director, Bureau of Justice Assistance CenTFfCENTER FOR TASK FORGE TRAINING CENTER FOR TASK FORCE LEADERSHIP AND INTEGRITY THIS IS TO CERTIFY THAT Raymond Bunk HAS SUCCESSFULLY COMPLETED THE EXECUTIVE LEADERSHIP ONLINE TRAINING ON November 10, 2021 rj . P,X0, Michael J. costigan ?trsi gig Director, Bureau of Justice Assistance