AG 22-108 - CJTC BLEACITY OF
,ks., Federal
March 13, 2024
FEDERAL WAY POLICE DEPARTMENT
33325 8th Avenue South
Federal Way, WA 98003
Way 253-835-6700 www.federalwaywa.gov
Jim Ferrell, Mayor
Andy J. Hwang, Chief of Police
Basic Training Division
WA State Criminal Justice Training Commission
9010 1st Ave South,
Burien, WA 98148
RE: Termination of BLEA TAC Officer Agreement — Donovan Heavener
We request that the attached agreement be terminated, effective March 13, 2024, as BLEA TAC Officer
Donovan Heavener retired on December 31, 2023.
Please contact my assistant, Deanna Patterson, with any questions at
deanna.patterson @cityoffederalway.coi-n
Sincerely,
Andy J. Hwang
Chief of Police
Federal Way Police Department
(253) 835-6701
RETURN TO: Schwan EXT: 6875
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
1. ORIGINATING DEPT./DIV: Police
2. ORIGINATING STAFF PERSON: Schwan EXT: 6675 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#): O INTERLOCAL
❑ OTHER
5. PROJECT NAME: TAC-Officer Agreement - Washington State Criminal Justice Training Commission (CLTC) Basic Law Enforcement Academy (BLEA)
6. NAME OF CONTRACTOR: CJTC BLEA
ADDRESS: 19010 1st Avenue South, Burien, WA. 98148 TELEPHONE 206-835-7300
E-MAIL: vvw.cjtc wa.gov FAX:
SIGNATURE NAME: Monica Alexander TITLE Executive Director
7. EXHIBITS AND ATTACHMENTS: it SCOPE, WORK OR SERVICES a COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL
OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS
8. TERM: COMMENCEMENT DATE: September 2022 COMPLETION DATE: September 2025
9. TOTAL COMPENSATION $ reimbursement of salary and benefits for Officer Donovan Heavener (INCLUDE EXPENSES AND SALES TAX, IF ANY)
(IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: [EYES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ See above
IS SALES TAX OWED OYES ONO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY
RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED
❑ PURCHASING: PLEASE CHARGE TO:
10. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED
❑ PROJECT MANAGER
❑ DIRECTOR
❑ RISK MANAGEMENT (IF APPLICABLE)
❑ LAW JRC 8/22/2022
q
11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: 3 �'Z COUNCIL APPROVAL DATE: ` a O
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 1 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#�— 1ps _
COMMENTS:
2/2017
DocuSign Envelope ID: 25936221-91DF-4138-131`5F-223=784439
RA rIV,yf
WASHINGT�N
WASHINGTON STATE
CRIMINAL JUSTICE TRAINING COMMISSION
Monica A. Alexander, Executive Director
19010 1 st Avenue South . Burien, WA 98148 . Phone: 206-835-7300 . www.citc.wa.gov
INTERAGENCY AGREEMENT No.
This agreement is made and entered into by and between the Federal Way Police Department, hereinafter
referred to as the "Agency", and the Washington State Criminal Justice Training Commission, hereinafter
referred to as the "Commission".
Whereas Donovan Heavener is employed by the Agency as an employee, holding the position of Officer
therein; and
Whereas the Commission, pursuant to Chapter 43.101.RCW, is empowered to provide programs and standards
for the training of criminal justice personnel and in conjunction therewith may contract with individuals and
agencies for the purpose of training; and
Whereas the Commission desires to contract with the Agency for the full-time services of Donovan Heavener in
administering, conducting, and presenting this state's Basic Law Enforcement Academy program;
Now therefore, for and in consideration of the mutual promises set forth hereafter, the parties hereto
mutually agree as follows:
(1) Term
This agreement shall commence on the 6th day of September, 2022 and terminate on the 5th day of
September, 2025, subject to prior termination as provided herein and unless as extended by written mutual
agreement of the parties hereto.
(2) Duties of the Agency:
The Agency shall provide the full-time services of Donovan Heavener to the Commission for the purpose of
administering, conducting, and presenting the state's Basic Law Enforcement Academy program. Such services
shall include, but not be limited to:
(a) Providing classroom instruction in assigned subjects.
(b) Creating written and practical exercises relating to classroom instruction.
(c) Writing test material.
(d) Researching/updating classroom instruction and teaching materials.
(e) Tutoring/counseling academy attendees.
(g) Grading exams.
(h) Assisting and coordinating practical training exercises.
(i) Suggesting revisions to academy programs and curriculum.
TRAINING THE GUARDIANS OF DEMOCRACY
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Federal Way Police Department
August 15, 2022
Page 2
(3) Consideration
In consideration of those services provided under this agreement, the Commission shall reimburse to the
Agency its full payment of salary to Donovan Heavener, including all benefits and all increases to said salary or
benefits, during the period of Donovan Heavener's service to the Commission herein under. The Commission
shall pay said reimbursement amount upon submission by the Agency of a monthly invoice to the Commission
at 190101st Ave South, Burien, WA 98148.
(4) Agreements Outside of This Agreement
This agreement contains the complete agreement between the parties and shall, as of the effective date
hereof, supersede all agreements, either written or oral, between the parties. The parties agree that neither of
them has made any representations with respect to the subject matter of this agreement or any
representations, including the executing and delivery hereof, except such representations as are specifically set
forth herein; and each of the parties hereto acknowledges that it has relied on its own judgment in entering
into this agreement.
(5) Modification
No waiver or modification of this agreement or any covenants, conditions, or limitations herein contained shall
be valid unless in writing and duly executed by the parties to be charged therewith; and no evidence of any
waiver or modification shall be offered or received in evidence of any proceeding or litigation between the
parties hereto arising out of or affecting this agreement, or the rights or obligations of the parties herein under,
unless such waiver or modification is in writing duly executed as aforesaid; and the parties further agree that
the provisions of this section may not be waived except as herein set forth.
(6) Termination of Agreement
This agreement may be terminated without cause at any time by mutual agreement of the parties hereto, or by
either party after thirty -days (30) following the other party's receipt of a written intent to terminate.
The parties retain the right to cancel this agreement upon ten (10) days written notice to the other party if
either party fails to properly keep any of the provisions of this agreement. In the event of termination under
this section, the Agency will be entitled to receive, to the date of such termination on a pro rata basis, the
compensation as set forth in section (3) herein.
(7) Operations
To protect the health and safety of the staff and students of the Commission, contract instructors are required
to submit to infectious disease testing when directed to do so by the Commission. Contractors must report the
results to the Commission's confidential appointee. Contractors agree to follow the health and safety protocols
put in place by the Commission pre and post-test. Should Donovan Heavener not wish to follow operational
directives, they will be immediately release from their contractual obligation.
DocuSign Envelope ID: 25936221-91DF-4138-BF5F-223C2D784439
Federal Way Police Department
August 15, 2022
Page 3
(8) Health and Safety
To protect the health and integrity of the Commission, contract instructors understand the Commission
maintains control over its operations and agree to submit to directions and protocols put in place in order to
carry out its mission. Should Donovan Heavener not wish to follow operational directives, they will be
immediately released from their contractual obligation.
(9) COVID Vaccination Certification
Pursuant to Proclamation 21-14 — COVID-19 Vaccination Requirement (dated August 9, 2021) as amended by
Proclamation 21-14.1— COVID-19 Vaccination Requirement (dated August 20, 2021), hereinafter referred to as
the ("Proclamation"), all contractors and any of their employees and/or subcontractors who provide
contracted services on -site must certify that they are fully vaccinated against the COVID-19 virus as set forth in
the Proclamation. Contractors who cannot so certify are prohibited from contracting with the state.
The Agency represents and warrants that should their responsibilities to the Commission involve on -site
services as of October 18, 2021, the Agency's personnel providing such services will be fully vaccinated against
the COVID-19 virus as set forth in the Proclamation. The Agency further understands that, upon request, the
Agency's personnel must provide to the Commission proof of vaccination, in a manner established by the
Commission. Should Donovan Heavener not wish to provide proof of vaccination, they will be immediately
released from their contractual obligation.
(10) Employment Obligations of Parties
The Agency agrees to pay to Donovan Heavener the full salary and benefits, including all increases to said
salary and benefits, accruing to him as an employee of the Agency during the period of his services herein
under. Additionally, the Agency agrees to extend to Donovan Heavener all rights, privileges, and benefits
attendant to and resulting from his employment by the Agency, including any and all promotional
opportunities otherwise available to him. The Agency further agrees that upon completion and conclusion of
Donovan Heavener's service herein under, and in the absence of any promotion or upgrading in classification
which has occurred during the duration of this agreement and in the absence of any disciplinary action taken
during the duration of this agreement, he will be returned and reinstated to the Agency at the same or equal
commissioned rank or position which he held on the beginning date of this agreement.
The Commission agrees to complete all necessary evaluation and documentation regarding Donovan Heavener
during the period of his service herein under and as required by the Agency. The Agency reserves the right to
discipline Donovan Heavener for any violation of the Agency's rules in the same manner as other Agency
employees. The Commission additionally agrees to provide Donovan Heavener a work and learning experience
and professional opportunities for career development and enrichment at no special cost or direct cost to the
Agency.
(11) Indemnification/Hold Harmless
DocuSign Envelope ID: 25936221-91DF-4138-131`5F-223=784439
Federal Way Police Department
August 15, 2022
Page 4
The Commission shall defend, indemnify and hold the Agency, its officers, officials, employees and volunteers
harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or
resulting from the negligent acts, errors or omissions of the Commission occurring (a) in performance of
services reasonably related to this Agreement and (b) either at the request of or under the direction and
control of the Commission, its agents or employees, except for injuries and damages caused by the negligence
of the Agency, its officers, officials, employees and volunteers other than Donovan Heavener. The Commission
agrees to defend, indemnify, and hold the Agency, its officers, officials, employees and volunteers harmless
from any and all claims, injuries, damages, losses, or suits, arising out of the services provided by Donovan
Heavener under the direction of the Commission, as described in Section 2 above.
(12) Medical/Health and Workers' Compensation Benefits
In the event of any injury to, or the illness or death of Donovan Heavener while acting in performance of this
agreement, the Agency agrees to extend to Donovan Heavener medical / health and workers' compensation
benefits and other compensation, to the same extent and in the same manner as if such injury, illness, or death
had occurred during work assignment in and for the Agency.
(13) Venue Stipulation
This agreement shall be construed as having been made and delivered with the State of Washington, and the
laws of the State of Washington shall be applicable to its construction and enforcement. Any action at law, suit
in equity, or judicial proceeding for the enforcement of this agreement or any provision hereto shall be
instituted in King County, Seattle, Washington.
(14) Assignment
Each party to this agreement stipulates that the agreement is one for personal services and accordingly neither
party hereto may assign, sublet, or transfer any interest in this agreement.
(15) Compliance with Laws
The parties hereto agree to comply in carrying out the terms of this agreement with all applicable federal,
state, and local laws, ordinances, and regulations, including but not necessarily limited to, the laws pertaining
to civil rights and laws pertaining to the Commission and the Agency, including merit system rules.
(16) Notices
All notices given herein shall be in writing and shall be sent by registered mail to the parties at their recognized
business addresses.
(17) Headings
The article headings contained in this agreement are inserted solely as a matter of convenience and for
reference and in no way define, limit, or describe the scope or intent of the provisions of this agreement.
DocuSign Envelope ID: 25936221-91DF-4138-BF5F-223C2D784439
Federal Way Police Department
August 15, 2022
Page 5
IN WITNESS WHEREOF, the parties have affixed their signatures on the dates below.
Washington State Criminal Justice Training Commission Federal Way Police Department, Washington
Nl.bw'(,a &;. 'OLi1Jw 8/15/2022 •7�
Monica Alexander, Date Andy Hwang,
Executive Director Chief
Criminal Justice Training Commission Federal Way Police Department
190101st Avenue South 33325 8th Avenue South
Burien, Washington 98148 Federal Way, WA 98063
cc: Dave Campbell, Basic Training Division Commander, WSCJTC
Brian Elliott, Fiscal Manager, WSCJTC
Dave Miller, Assistant Commander — BLEA, WSCJTC
Jerrell Wills, Deputy Director, WSCJTC
Officer Donovan Heavener, Federal Way PD
Y123
DocuSign Fnw-linpeCD: 25936221-91DF-4138-BF5F-223C2D784439 �
Contract Routing Sheet
Washington State Criminal Justice Training Commission
C*) #W=M4L
Serena Anastasio 8/15/2022 09/06/22
Contract Requestor Name Request Date Anticipated Contract Start Date
Basic Training Division/ BLEA Donavan HeaVener
Division/Program Proposed Contractor (If Any)
Contractor's Title/Rank: Officer
Agency: Federal Way PD
Contract Timeframe: September 2022-2025
HR Considerations (Please answer all questions)
Is this or similar work done by any current employee?
1� Yes ❑ No ❑ Needs Further Review
Will any current employee(s) be displaced, denied, or limited work by the decision to purchase services by
contract?
❑ Yes No ❑ Needs Further Review
Has the proposed contractor provided proof of COVID-19 vaccination?
0 Yes ❑ No
Budget Considerations (Please answer all questions)
Has the budget for this been established?
qYes ❑ No ❑ Needs Further Review
Is there a PI code associated?
qYes ❑ No ❑ Needs Further Review
If so, please list. PI Code(s): X❑ 101 ❑ 102 ❑ 201 ❑ Other:
Does the potential contractor currently hold other contracts with CJTC? If yes, list below.
❑ Yes E� No ❑ Needs Further Review Contract #s: _ _
Dave Miller
Program Manager Name
Awrove Paw- W[Ltf' 8/15/2022
Recommendation Signature Date
Dave Campbell _ ArJprove ��— 6�W—
Division Manager Name Recommendation Signature
Marisa Peer fAgt�roye_
HR Manager Name Recommendation
Brian Elliott Approve
Budget Manager Name Recommendation
Jerrell Wills Ate ove
Deputy Director Name Recommendation
k A.vtsa Ptv
Siig,_nature,��1 ,1L
Ur1atA, -C.utoll
Signature
jU�(AU,S
Signature
8/15/2022
Date
8/15/2022
Date
8/15/2022
Date
8/15/2022
Date
Rev. 2/2/2022
COUNCIL MEETING DATE: September 20, 2022
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #: 7g
'SUBJECT: CJTC BLEA TAC-OFFICER AGREEMENT
POLICY QUESTION: Should the Mayor approve the Agreement between the City of Federal Way and the
Criminal Justice Training Commission for reimbursement of salary and benefits (including overtime) in
exchange for a FWPD officer being assigned as a TAC-Officer (instructor) at the Basic Law Enforcement
Academy?
COMMITTEE: PRHS&PS Committee MEETING DATE: September 13, 2022
CATEGORY:
® Consent ❑ Ordinance ® Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Kurt Schwan, Commander DEPT: Police
Attachments: 1. Staff Report
2. CJTC BLEA TAC-Officer Agreement
Options Considered:
1. Approve the proposed agreement.
2. Do not approve the proposed agreement and provide direction to staff.
MAYOR'S RECOMMENDATION: Option 1. I/
MAYOR APPROVAL: r 2.2 l/IZDIRECTOR APPROVAL: i4.+•
Conuni ee Council Initial tr
initial/Date Initial/Date
COMMITTEE RECOMMENDATION: "I move to forward the proposed Agreement to the September 20, 2022,
consent agenda for approval. "
ZZa4
C/-0"tt6Z0CKaif Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval of the proposed Agreement, and authorize the Mayor to
execute said agreement. "
(BELOW TO BE COMPLETED BYCITY CLERK'S OFFICE)
OUNCIL ACTIO
APPROVEi]f►(� f Q [ �Q� Z
`�
COUNCIL BILL #
DENIED
First reading
❑ TABLED/DEFERRED/NO ACTION
Enactment reading
❑ MOVED TO SECOND READING (ordinances only)
ORDINANCE #
REVISED — 11/2019
RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: September 13, 2022
TO: City Council Members
VIA: Jim Ferrell, Mayor
FROM: Andy J. Hwang, Chief of Police
SUBJECT: CJTC BLEA TAC-Officer Agreement
Financial Impacts:
This item will actually save the City of Federal Way the salary and benefits (including
overtime) in exchange for one FWPD officer being assigned as a TAC-Officer (instructor) at
the Criminal Justice Training Commission's (CJTC) Basic Law Enforcement Academy
(BLEA) conducting the raining of student officers from across the region.
Background Information:
The BLEA utilizes full-time law enforcement officers, on contract, as TAC-Officers
(instructors) for the purposes of teaching the state mandated courses required by student
officers from law enforcement agencies across the region. By accepting this agreement, the
FWPD would send a commissioned law enforcement officer (1 FTE) to work at the BLEA
for a 3-year period, with the possibility of a 1-year extension.
Having a FWPD TAC-Officer at the BLEA also benefits the agency by way of priority
enrollment for student officers from our agency. What that means is our BLEA students will
be immediately accepting into academy classes without the normal extended wait times of up
to 4-6 months. Instead, our BLEA students will typically receive academy dates within 1-2
months of application.
We have had multiple personnel fulfill this position previously, but almost 15-20 years ago.
This current opportunity comes at the perfect time with the Council's approval for additional
personnel and will assist in greatly reducing the wait times for our student officers to
graduate the BLEA and return to the FWPD for their field training and eventually deploying
as solo officers, becoming force multipliers for our current personnel to better address the
needs of our community.
Rev. 7/18