Loading...
PRHSPSC PKT 10-12-2010 City of Federal Way City Council Parks, Recreation, Human Services & Public Safety Committee October 12, 2010 City Hall 5:30 p.m. Hylebos Conference Room MEETING AGENDA 1. CALL TO ORDER 2. PUBLIC COMMENT (3 minutes) 3. COMMISSION COMMENTS 4. COMMITTEE BUSINESS Action Council Date Topic Title /Description Presenter Page or Info A. Approval of Minutes: September 14, 2010 3 Action N/A B. Interlocal Agreement between the County of Chelan, WA and the City of Federal Way, WA for Hwang 7 Action Consent the Housing of Inmates in the Chelan County 10/19/10 Jail. C. Creation of a team of Police Department Hwang 19 Information N/A volunteers to recover and return shopping carts to local businesses D. Purchase three new. Honda police motorcycles to replace four expired lease Harley- Davidson Hwang 21 Action Consent motorcycles using Replacement Reserve money 10/19/10 allocated for these vehicle replacements E. Program Fund Acceptance — Fiscal Year 2010 Hwang 23 Information N/A Edward Byrne Memorial Justice Grant F. Target Donation for Federal Way Police Crime Hwang 39 Information N/A Protection Section 5. PENDING ITEMS • Festivals • NLC Providing Discount Pharmacy Services to Citizens • Concept of Housing in South King County 6. NEXT MEETING: Tuesday, November 9, 2010 5:30pm — Hylebos Conference Room 7. ADJOURNMENT Committee Members City Staff Jeanne Burbidge, Chair Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Management Roger Freeman Maly Jaenicke, Administrative Assistant II Mike Park P , City of Federal Way City Council PARKS, RECREATION, HUMAN SERV ICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday, September 14, 2010 5:30 p.m. SUMMARY Committee Members in Attendance: Committee Chair Jeanne Burbidge, Councilmember Roger Freeman and Councilmember Michael Park Councilmember's in Attendance: Mayor Linda Kochmar Staff Members in Attendance: Brian Wilson, City Manager /Police Chief, Amy Jo Pearsall, City Attorney, Andy Hwang Assistant Chief of Police, Cary Roe, Director of Parks, Public Works & Emergency Management, Lynnette Hynden, Human Services Manager, Ken Miller, Deputy Director of Public Works, Greg Fewins, Director of Community Development, Kolya McLeave CDBG Coordinator, Ann Dower, Sr. Engineering Plans Reviewer, and Mary Jaenicke, Administrative Assistant II. Guest: Nancy Jaenicke, Reach Out Federal Way. Homeless Men's Shelter, Bob Wroblewski, Human Services Chair, Kathy Scanlon, Human Services, Susan Honda, Arts Commission Chair, Martin Moore, Parks & Recreation Commission. Chair Burbidge called the meeting to order at 5:31p.m. Public Comment: Nancy Jaenicke stated that they team with area churches and many volunteers to provide services to homeless men. During their first year of operation, they were opened for three months, and the following year they were opened for 5 months. They worked with the Multi- Service Center for the first 2 years. They are now an official.program operated by Catholic Community Services King County. Ms. Jaenicke gave a summary of the program, and the services that they have provided. They have received a total of $140,624.00 in in -kind services. Ms. Jaenicke thanked the city for their past support, and stated that they have made success with their program. Susan Honda reported that on August 29` there was a fire behind her house, on the BPA trail. She is concerned that the blackberry bushes along the BPA trail have been sprayed, and they are dead. She is requesting that the blackberry bushes are not sprayed next year, and they are allowed to grow so that they stay green and not become a fire hazard. Commission Comments: Susan Honda reported that the Arts Commission is having the Arts Alive contest. The Artwork will be dropped off on September 22, and then judged and hung on September 23. The reception will be held on Tuesday, October 5 in the Hylebos conference room. The applications are out for the Gallery program and Contract for Services. Bob Wroblewski stated that this year they had a joint application process with sixteen other King County cities. The applications were uniformed with a lot more information on the application, and they were much easier to read and evaluate. He said it was a great process and encouraged that the City continue with this process. He also stated that this year was the most difficult. There were a lot more agencies asking for money than what was available. He stated that the commission worked very hard and spent many hours on the process, and he urged the Committee to adopt their recommendation. The Committee thanked them for all of their hard work. APPROVAL OF SUMMARY Councilmember Park moved to approve the August meeting summary. Councilmember Freeman seconded. Motion passed. BUSINESS ITEMS Proposed S. 332 Street Alignment, Detention Pond Location and Relocated Celebration Park Driveway Ken Miller, Deputy Director of Public Works presented the background information. They are working in conjunction with the proposed Federal Way School District Service Center. The bus barn, kitchens and facilities will all move to this Center. The project has gone out to bid, and they should be receiving bids in mid October. As 3 PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday September, 14 2010 Summary Page 2 a part of the Center the requirements are to extend 13` Avenue South to the North property line, and to construct 332 from the East property line to their West property line. A new detention pond will be put in the southwest corner of Celebration Park to detain runoff S. 332 Also included in the project is the removal of a portion of the Celebration Park driveway, and the relocation of the Celebration Park's south driveway. Councilmember Park moved to forward approval of the proposed alignment of S. 332 Street, the proposed detention pond location, and the proposed relocation of the Celebration Park driveway to the September 21, 2010 City Council Consent Agenda for approval. Councilmember Freeman seconded. Motion passed. • 2011/2012 Human Services Commission Funding Public Services Recommendations and 2011 CDBG Capital Funding Recommendation. Human Services Manager Lynnette Hynden provided the background information. This is a process that happens every two years. The City of Federal Way joined with 16 other cities in King County and created an easier process that is user friendly to agencies and the cities. A total of 79 applications were received and totaled over 1 million dollars in request. They saw applications from agencies that they had never seen before. This is because the County had decided to not have general funds for human services programs. Agencies are now coming to the city level to have their program funded. The Human Services Commission used four strategies as a guideline for categorizing the grant requests. They met and developed task teams for those four strategies. Once the applications were scored, they were rated. Any application that scored above the 90` percentile was recommended for some sort of funding. The money available in the general fund is $430,000 and it was divided among the four strategies. The commission put together a contingency plan should the $430,000 in the budget be increased by 10% and also a contingency plan if the $430,000 was decreased by 10 %. The commission also reviewed the CDBG money which is in the amount of $81,607. The CDBG program dollars are automatically awarded to the same agencies at the same 2010 budget level. Capital projects were reviewed. Several applications were received, but alter reviewing the applications there are only two that qualify. Councilmember Park stated that the 4 strategies that were used as a guideline were adopted many years ago, and asked if it was time to revisit these criteria. Ms. Hynden answered that there are 2 issues that the Human Services Commission will be reviewing. 1. CDBG — Direct Entitlement or continue as a Joint Agreement City. 2) Housing and Human Services Consolidated Plan update. The material will be consolidated by the end of this year, and the decision will be need to be made by June 2011 to notify HUD and the county. Councilmember Park asked City Manager /Police Chief Wilson if the $430,000 is in the city budget Mr. Wilson answered that it is, and he is looking for ways to enhance the funding. He is considering a 20% increase in one -time funding for 2011 and 2012 to address the need. Councilmember Burbidge recused herself because she is a board member for the Boys and Girls Club. Councilmember Freeman moved to forward the proposed Agreement to the September 21, 2010 City Council agenda for approval. Councilmember Park seconded. Motion passed. Councilmember Burbidge recused. Ms. Hynden acknowledged the hard work of the Human Services Commission, and stated it was an honor to work with professionals. Purchase of BearCat Armored Vehicle for Valley Swat with $22,400 in VNET State Seizure Funds Deputy Chief Hwang stated they are seeking approval to participate with the Valley Swat agencies in the purchase of an armored vehicle. The Valley Swat has two armored vehicles. One of the vehicles no longer meets the ballistic standards. An opportunity has arisen to purchase a refurbished BearCat at a reduced price. Funds for the vehicle will come from VNET (Valley Narcotics Enforcement Team) State seizure funds. Each agency will contribute $22,400. With this purchase there will be no additional maintenance and operation costs. The city of Renton has already purchased the vehicle and they are seeking reimbursement from the other five jurisdictions. The vehicle will be stored in Renton, but anytime there was an operational need for the vehicle it will be accessible to City of Federal Way. It is a Valley Team Regional response. The City Of Federal Way would provide six officers plus a supervisor to the team. Councilmember Park moved to forward the request to spend $22,400 in VNET State seizure funds to purchase 1 /6` of a 2003 Lenco BearCat Armored Vehicle for Valley SWAT. Councilmember Freeman seconded. Motion passed. Valley Special Weapons and Tactics Team Deputy Chief Hwang stated that the City of Des Moines has opted not to participate in the Regional SWAT team. As a result, it is necessary to make changes to the Interlocal Agreement. The City of Des Moines needs to be 4 PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday September, 14 2010 Summary Page 3 removed from all of the documents, and the Valley Chiefs has opted to change the name of the team from Valley Special Response Team to Valley Special Weapons and Tactics Team. City Manager /Chief of Police Wilson stated that because the City of Des Moines has pulled out, from in insurance perspective, he is concerned about what will happen if they request services from the Valley SWAT team. What are the responsibilities and liabilities? He has asked the Chiefs to review this. These concerns have been communicated to the City Manager of Des Moines, but he has not heard back from him yet. Councilmember Freeman moved to forward the proposed Agreement to the September 21, 2010 Council meeting consent agenda for approval. Councilmember Park seconded. Motion passed. Criminal Code Update — Lewd Conduct Deputy Chief Hwang stated that the Police and Law Department are seeking to amend the Federal Way revised code to add a new section prohibiting lewd conduct. This is in response to address a new trend of bikini barista businesses that have arrived in the region. There is currently one bikini barista business in the City Of Federal Way. These types of businesses can bring undesirable criminal activity. This revised code will eliminate some gray areas, and fill the gap left by indecent exposure and give the Police Officers another enforcement tool should problems arise. Councilmember Freeman moved to forward the proposed ordinance to First Reading on September 21". Councilmember Park seconded. Motion passed. T- Mobile Site Lease Renewal — Lakota Park City Attorney Pearsall reported that T- Mobile's Lease Agreement expired at the end of last year. City staff has been actively working with them to get the Lease renewed. T- Mobile had an issue with the increase in the rental rate. They have finally gotten the increase approved, and have signed the Amendment. Once this has been through the process and signed by everyone, T- Mobile will pay the city all of the back rent that is owed. They have been paying the old rental rate up until now. This is a 5 year Lease Agreement. If the equipment is going to be modified, T- Mobile would need to send a new proposal, which would need to be reviewed and approved by Community Development. Councilmember Park stated that he is upset because this agreement expired in December of 2009, and they were allowed to keep their equipment on the site, and continued to pay their old rental rate. Ms. Pearsall stated that this was a unique situation. Their rental fee increase almost doubled their rental rate. It took T- Mobile a long time to get this approved. The City was close to filing the action to have their equipment removed from the site, and that is when they agreed to sign the Agreement. Councilmember Park stated that there should be a clause in the Agreement that states if the Company is not paying the monthly rate on time, there is a penalty and the City can charge them interest. Ms. Pearsall stated that if the City charged the interest rate on the rate that they were paying, it still would not reach the amount of the new rental rate. They wanted T- Mobile to agree to the new rental rate. The new Lease Agreement does have a clause regarding late penalty and interest. Councilmember Park moved to forward the proposed amendment to the T- Mobile Site Lease to the September 21, 2010 consent agenda for approval. 2011 -2012 Budget Process City Manager /Police Chief stated that the Budget meetings have been very informative and positive. It is very clear that the citizens are very well educated on the budget. The Human Services fund is a concern with the tremendous needs. He reported that this has been a tremendous challenge for staff. 46 positions are being eliminated. Some of those positions are vacant; 39 positions are not vacant. Public Safety has been identified as being important. He is considering recommending to Council to not fill vacant positions, if he cannot guarantee that he can fund those positions in the future. There are several police positions that fall into that category. He is waiting to hear from COPS to see if they received the grant that they applied for. He has looked closely at the Capital projects. There is approximately 6 million dollars in savings that has been identified. In history Council has reapplied those funds towards other projects. Mr. Wilson has asked Cary Roe and his staff to identify 1.5 million that would be available one a time basis that could be used to mitigate budget issues in 2011 -12. He believes that they will be able to prioritize the projects and have a limited impact. PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday September, 14 2010 Summary Page 4 Other Councilmember Park stated that at the last PRHSPS Committee meeting he requested information regarding the evaluation criteria and how each respondent was scored. He wants to know the dollar amount. He has not received that information, and would like some follow up on his original request. Parks & Recreation Commissioner Martin Moore thanked the Council Committee for what they are doing, and encouraged them to keep as many Parks employees as possible. NEXT MEETING October 12, 2010 5:30 p.m. in the Hylebos Conference Room ADJOURNMENT Meeting adjourned at 6:50 p.m. COUNCIL MEETING DATE: October 19, 2010 [TEM #: . _ ....... ......_. CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: INTERLOCAL AGREEMENT BETWEEN THE COUNTY OF CHELAN, WASHINGTON AND THE CITY OF FEDERAL WAY, WASHINGTON FOR THE HOUSING OF INMATES IN THE CHELAN COUNTY JAIL. POLICY QUESTION: Should the City of Federal / Federal Way Police Department enter into an agreement with Chelan County for Jail Services? COMMITTEE: Parks, Recreation, Human Services and Public Safety MEETING DATE: 10/12/10 Council Committee - (PRHS &PS) CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business Li Resolution ❑ Other STAFF REPORT BY: Steve Arbuthnot, Commander DEPT: Police Attachments: 1. PRHS &PS Staff Memo 2. Interlocal Cooperative Agreement for Jail Services with Chelan County Options Considered: 1. Accept the Interlocal Cooperative Agreement for Jail Services 2. Reject the Interlocal Cooperative Agreement for Jail Services STAFF RECOMMENDATION: Staff recommends Option #1 CITY MANAGER APPROVAL: � / u 9 3�• • ytGv1 3 �� DIRECTOR APPROVAL: )4 Committee • Committee Council Committee Coun COMMITTEE RECOMMENDATION: "[MOVE TO FORWARD THE INTERLOCAL COOPERATIVE .AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND CHELAN COUNTY FOR THE HOUSING OF INMATES IN THE CHELAN COUNTY REGIONAL JAIL, TO THE OCTOBER 19, 2010, CITY COUNCIL CONSENT AGENDA, FOR APPROVAL". Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the Interlocal Cooperative Agreement between the City of Federal Way and Chelan County for the housing of inmates in the Chelan County Regional Jail, and authorize City Manager /Police Chief Brian Wilson, to sign such Agreement. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL tt ❑ DENIED 1ST reading ❑ TABLED /DEFERRED /NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE N REVISED - 08/12/2010 - RESOLUTION # 7 CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: October 12, 2010 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Brian J. Wilson, City Manager /Chief of Police FROM: Andy Hwang, Assistant Chief of Police SUBJECT: Interlocal Agreement between the City of Federal Way and Chelan County for the housing of inmates in the Chelan County Jail Background The City of Federal Way currently has Interlocal agreements with several jurisdictions for jail services, (Auburn, Buckley, Enumclaw, Fife, King County, and Yakima County), to house our misdemeanor inmates. The City of Federal Way primarily utilizes the Yakima County Jail for - sentenced inmates. The 2010 average daily population (ADP) of Federal Way inmates in Yakama County Jail is 45. The current rate for housing inmates in the Yakima County Jail is $75.00 per day. Beginning in 2011, Yakima County will raise their rates to $110.00 per day for housing inmates. This represents a 46% increase to our 2011 jail budget. As a result of this cost increase by Yakima, the City is proposing not to renew our contract with Yakima, but enter into a new Interlocal Agreement with Chelan County. The proposed contract with Chelan County will allow the City to begin housing most of Federal Way's misdemeanant inmates, on a space available basis, through the end of 2010, at a cost of $70.00 /inmate /day. Beginning in 2011, the City would commit to a 30 bed minimum arrangement with additional beds on a `space available' basis, at the same daily rate. The fees for our inmates in the Chelan County Jail will remain $70.00 /day, through the contract expiration date on October 31, 2011, at which time the City anticipates moving all of our misdemeanant inmates into the new SCORE facility. This proposal includes a plan to begin moving our inmates out of the Yakima County Jail as soon as the new Chelan contract is approved. All other jail contracts have already been renewed and will remain in place until the new SCORE facility becomes operational. 18 • ik CITY OF CITY HALL 33325 .,, 8th Avenue South • Box 9718 Federal Way Feder Federa{ Way, WA 98063 -3- 9711 $ (253) 835 -7000 www cityofederalway com INTERLOCAL AGREEMENT BETWEEN CHELAN COUNTY, WASHINGTON AND THE CITY OF FEDERAL WAY, WASHINGTON, FOR THE HOUSING OF INMATES IN THE CHELAN COUNTY REGIONAL JUSTICE CENTER THIS INTERLOCAL AGREEMENT is made and entered into on this day of , 20 by and between the City of Federal Way, Washington, a Washington municipal corporation, hereinafter referred to as "City ", and Chelan County, Washington, hereinafter referred to as "Chelan County ", each party having been duly organized and now existing under the laws of the State of Washington. WITNESSETH: WHEREAS, The Chelan County Regional Justice Center and the City Manager are authorized by law to have charge and custody of the County Jail and the City prisoners or inmates, respectively; and WHEREAS, the City wishes to designate_tho_C_CRJLas.a placo of confinement_forJhe incarceration of one or more inmates lawfully committed to its custody; and WHEREAS, Chelan County Department of Corrections is desirous of accepting and keeping in custody such inmate(s) in the CCRJC for a rate of compensation mutually agreed upon by the parties . hereto; and WHEREAS, RCW 39.34.080 and other Washington law, as amended, authorizes any county to contract with any other county or city to perform any governmental service, activity or undertaking which each contracting county is authorized by law to perform; and WHEREAS, the governing bodies of each of the parties hereto have determined to enter into this Agreement as authorized and provided for by RCW 39.34.080 and other Washington law, as amended, NOW, THEREFORE, in consideration of the above and foregoing recitals, the payments to be made, the mutual promises and covenants herein contained, and for other good and valuable consideration, the parties hereto agree as follows: 1. GOVERNING LAW The parties hereto agree that, except where expressly otherwise provided, the laws and administrative rules and regulations of the State of Washington shall govern in any matter relating to an inmate or inmates confined pursuant to this Agreement. 2. DURATION This Agreement shall enter into full force and effect from November 1, 2010 and end October 31, 2011, subject to earlier termination as provided by Section 3 herein. This Agreement may be renewed automatically for like successive periods under such terms and conditions as the parties may determine. Nothing in this Agreement shall be construed to require the City to house inmates in Chelan County continuously_ 3. TERMINATION 9 Interiocal Agreement Between Page 1 of 9 Cneian County and the Crty - -ederat V1ra: • i hh, CITY OF CITY HALL _ 33325 8th Avenue S • Box 9718 Federal Way Federal Way WA 98063 -063 - 9711 8 (253) 835 -7000 www afyoffederahray com (a) By either party. This Agreement may be terminated by written notice from either party to the other party delivered by regular mail to the contact person identified herein, provided that termination shall become effective sixty (60) working days after receipt of such notice. Within said sixty (60) days, the City agrees to remove its inmate(s) from the CCRJC. (b) By the City due to lack of funding. The obligation of the City to pay Chelan County under the provision of this Agreement beyond the current fiscal year is expressly made contingent upon the appropriation, budgeting availability of sufficient funds by the City. In the event that such funds are not budgeted, appropriated or otherwise made available for the purpose of payment under this Agreement at any time after the current fiscal year, then the City shall have the option of terminating the Agreement upon written notice to Chelan County, except that all services provided to that point shall be compensated at the agreed rate. The termination of this Agreement for this reason will not cause any penalty to be charged to the City. • (c) Termination for Breach. In the event the City breaches or fails to perform or observe any of he- terms- er- Gond+tiens- herein flail h ordefanit within - seven (7 days o oun y s - giving the City written notice thereof, or, if not reasonably capable of being cured within such seven (7) days, within such other period of time as may be reasonable in the circumstances, County may terminate the City's rights under this Agreement in addition to and not in limitation of any other remedy of County at law or in equity, and the failure of County to exercise such right at any time shall not waive County's right to terminate for any future breach or default. (d) In the event of termination of this agreement for any reason, the City shall compensate Chelan County for prisoners housed by Chelan County after notice of such termination until the City retakes its inmates in the same manner and at the same rates as if this Agreement had not been terminated. 4. MAILING ADDRESSES All notices, reports, and correspondence to the respective parties of this Agreement shall be sent to the following: Chelan County: Chelan County Regional Justice Center 401 Washington St., Level 2 Wenatchee, WA 98801 Primary Contact Person: Phil Stanley, Director Secondary Contact: Ronda McCallister, Administrative Program Manager City of Federal Way: Federal Way Police Department 33325 8 Ave South Federal Way, WA 98003 Primary Contact Person: Beth Meshkoff, Jail Coordinator Secondary Contact: Kristin Gregory, Jail Coordinator 10 Interlocal Agreement Between Page 2 of 9 Chelan Countv and ?ne C';t of F�a�rai n;.: A i,. CITY OF CITY HALL 33325 ;. Federal Inlay Feder 8th Avenue South • Box 9718 Federal Way, WA 98063 -9718 18 (253) 835 -7000 www at yofederahvay com Notices mailed shall be deemed given on the date mailed. The parties shall notify each other in writing of any change of address. • 5. DEFINITIONS The parties hereby agree that the following terms shall have the specified meanings unless indicated otherwise herein: (a) Day. One prisoner day shall be each day or portion thereof which a prisoner appears in custody on the jail management system. The count shall be conducted by the jail management system and each participating jurisdiction shall be charged for each prisoner who is detained in the Regional Justice Center on a charge and /or conviction from the participating jurisdiction. (b) Inmate Classifications shall be pursuant to the Chelan County Objective Jail Inmate Classification System which is modeled after the National Institute of Corrections Jail Classification System: -- —{+} -- Minimum - elass#fc -ati©n - shaft -apply -to- those - inmates- who - present -aIow-risk- to -sta ff— and the community. (ii) "Medium" classification shall apply to tho4e inmates who present a moderate risk to staff and the community. (iii) "Maximum" classification shall apply to those inmates who present a substantial risk to staff and the community. 6. COMPENSATION (a) Rates. Chelan County agrees to accept and house the City's inmates for compensation per inmate at the rate of $70.00 per day (also see #12 below). This includes minimum and medium classification inmates. The parties agree that Chelan County will not charge a separate booking fee in addition to such rate. The date of booking into the CCRJC of the City's inmates, no matter how little time of a twenty -four (24) hour day it constitutes, shall count as one day and shall be billed to the City as a day of custody in Chelan County. (b) Minimum Charge: Beginning January 1, 2011, Chelan County shall make available for Federal Way, a minimum of thirty (30) inmate beds per day, and shall accept and house a minimum of thirty (30) Federal Way inmates each day. The City of Federal Way agrees to commit to and pay for thirty (30) beds per day, at the rate set forth in Section 6(a) above. Chelan County also agrees to make additional beds, in excess of thirty (30), available to Federal Way on a "first come, first served" or "space available" basis, at the same rate set forth in Section 6(a). (c) Billing and Payment. Chelan County agrees to provide the City with an itemized bill listing all names of inmates who are housed, the number of days housed (including the date and time of booking and date and time of release), and the dollar amount due for each. Beginning January 1, 2011, the bill shall reflect the minimum charge provided for in Section 6(b) above, and charges for any inmates in excess of thirty (30) inmates per day. Chelan County agrees to provide said bill by the 10 of each month. The City agrees to make payment to Chelan County within 30 days of receipt of such bill for the amount billed for the previous calendar month. - 11 Interlocal Agreement Between Page 3 of 9 Chelan County and the City of Federal Way • A iih, CITY OF CITY HALL owsk, Federal I Way 33325 8th Avenue South - , 7 Box 9718 Federal W ay WA 98063 -9718 (253) 835 -7000 www alyoffederalwaycom 7. RIGHT OF INSPECTION The City shall have the right to inspect, at all reasonable times, all Chelan County facilities in which inmates of the City are confined in order to determine if such jail maintains standards of confinement acceptable to the City and that such inmates therein are treated equally regardless of race, religion, color, creed or national origin; provided, however, that Chelan County shall be obligated to manage, maintain and operate its facilities consistent with all applicable federal, state and local laws and regulations. 8. FURLOUGHS, PASSES, AND WORK RELEASE Chelan County agrees that no early releases or alternatives to incarceration, including furloughs, passes, electronic home detention or work release shall be granted to any inmate housed pursuant to this Agreement without written authorization by the committing court. 9. INMATE ACCOUNTS Chelan County shall establish and maintain an account for each inmate received from the City and shall credit to such account all money which is received and shall make disbursements, debiting such -accounts in accurate amounts for the inmate's personal needs. Disbursements shall be made in limited, amounts as are reasonably necessary for personal maintenance. The Director of the CCRJC shall be accountable to the City for such inmate funds. At either the termination of this Agreement, the inmate's death, release from incarceration, or return to either the City or indefinite release to the court, the inmate's money shall be transferred to either the inmate's account, in care of the City, at such time the City shall be accountable to the inmate for said fund, or to the inmate. 10. INMATE PROPERTY The City may transfer to Chelan County only limited amounts of personal property of the City's inmates' recovered from or surrendered by inmates to the City upon booking. Personal property in excess of one simple "grocery bag" shall at no time be transferred to or back from Chelan County. 11. RESPONSIBILITY FOR OFFENDER'S CUSTODY It shall be the responsibility of Chelan County to confine the inmate or inmates; to provide treatment, including the furnishing of subsistence and all necessary medical and hospital services and supplies; to provide for the inmates' physical needs; to make available to them programs and /or treatment consistent with the individual needs; to retain them in said custody; to supervise them; to maintain proper discipline and control; to make certain that they receive no special privileges and that the sentence and orders of the committing court in the State are faithfully executed; provided that nothing herein contained shall be construed to require Chelan County, or any of its agents, to provide service, treatment, facilities or programs for any inmates confined pursuant to this Agreement, which it does not provide for similar inmates not confined pursuant to this Agreement. Nothing herein shall be construed as to require Chelan County to provide services, treatment, facilities or programs to the City's inmates above, beyond or in addition to that required by applicable law. 12. MEDICAL SERVICES (a) Inmates shall receive such medical, psVhiatric and dental treatment when emergent and Interiocal Agreement Between Page 4 of 9 ^tip N CITY OF CITY HALL 33325 Federal ^ ra Way Feder 8th South • 1 Box 9718 rC �± Federal Wayy. , WA WA 98063 -9718 (253) 835 -7000 www crfyoffederalway coin necessary to safeguard their health while housed in the CCRJC. Chelan County shall provide or arrange for the providing of such medical, psychiatric and dental services. Except for routine minor, medical services provided in the CCRJC, the City shall pay directly or reimburse Chelan County for any and all costs associated with the delivery of any emergency and /or major medical service provided to the City's inmates. The City shall be responsible for any and all medical, psychiatric and dental treatment provided outside of the CCRJC and shall be billed therefore. Examples of medical services which may be provided in the CCRJC but which are not routine, and for which the City shall be billed include, but are not necessarily limited to, HIV /AIDS treatment, chemotherapy, dialysis treatment, and hemophiliac treatment. No psychiatric or dental treatment can be provided in the CCRJC; all psychiatric and dental treatment of the City's inmates shall be billed to the City. (b) An adequate record of all such services shall be kept by Chelan County for the City's review at its request, to the extent consistent with confidentiality regulations. Any medical or dental services of major consequence shall be reported to the City as soon as time permits. (c) Should medical, psychiatric or dental services require off -site care or hospitalization, the City - - agrees - to - compensate - Chelan- County-dolla r- for dollar any amount expended or cost - incurred in providing the same; provided that the care is pre- approved by the City. Any /all Federal Way inmates who are removed from the Chelan County Jail for any medical reason /purpose not pre- authorized by Federal Way .are to be immediately considered released from Federal Way custody. The City will be notified by contacting the on - duty Patrol supervisor at (253) 835 - 6851, as soon as practicable. The inmate will be advised to return to the Chelan County Jail to complete their sentence upon release from the medical facility. 13. DISCIPLINE Chelan County shall have physical control over and power to execute disciplinary authority over all inmates of the City's. However, nothing contained herein shall be construed to authorize or permit the imposition of a type of discipline prohibited by applicable law. 14. RECORDS AND REPORTS (a) The City shall forward to Chelan County before or at the time of delivery of each inmate a copy 'of all inmate records pertaining to the inmate's present incarceration. If additional information is requested regarding a particular inmate, the parties shall mutually cooperate to provide any additional information in a timely manner. (b) Chelan County shall keep all necessary and pertinent records concerning such inmates in the manner mutually agreed upon by the parties hereto. During an inmate's confinement in Chelan County, the City shall upon request be entitled to receive and be furnished with copies of any report or records - associated with said inmate(s) incarceration. 15. REMOVAL FROM THE JAIL An inmate of the City's legally confined in Chelan County shall not be removed from Chelan County by any person without written authorization from the City or by order of any court having jurisdiction. The City hereby designates the Police Chief, Deputy Chief and /or any available Federal Way Command Staff member as "the official" authorized to direct Chelan County to remove the City's inmates from the CCRJC. Chelan County agrees th no early releases or alternatives to incarceration Interlocal Agreement Between Page 5 of 9 Chelan County and the rite of cederai VVav ` CITY OF CITY HALL Federal Way 33325 8th y. Avenue South • Box 9718 Federal way, WA 98063 -63- 9711 8' (253) 835 -7000 www cityol%deralwaycorn including furloughs, passes, work release, work crews or electronic home detention shall be granted to any inmate without written authorization from the committing court. This paragraph shall not apply to an emergency necessitating the immediate removal of the inmate for medical, psychiatric, dental treatment or other catastrophic condition presenting an eminent danger to the safety of the inmate or to the inmates or personnel of Chelan County. In the event of any such emergency removal, Chelan County shall inform the City of the whereabouts of the inmate or inmates so removed, at the earliest practicable time, and shall exercise all reasonable care for the safe keeping and custody of such inmate or inmates. 16. ESCAPES In the event any City inmate escapes from Chelan County's custody, Chelan County will use all reasonable means to recapture the inmate. The escape shall be reported immediately to the City. Chelan County shall have the primary responsibility for and authority to direct the pursuit and retaking of the inmate or inmates within its own territory. Any cost in connection therewith shall be chargeable to and borne by Chelan County; however, Chelan County shall not be required to expend unreasonable amounts to pursue and return inmates from other counties, states or countries. 17. DEATH OF AN INMATE (a) In the event of the death of a City inmate, the Chelan County Coroner shall be notified. The City shall receive copies of any records made at or in connection with such notification. (b) Chelan County shall immediately notify the City of the death of a City inmate, furnish information as requested, and follow the instructions of the City with regard to the disposition of the body. In the case of an unattended death, suspicious death, or criminal case, the Chelan County Coroner would have authority over the deceased and would coordinate with local law enforcement to finish the investigation prior to the release of the deceased inmate. The City hereby designates the Police Chief, Deputy Chief and /or any available Federal Way Command Staff member, as "the official" authorized to request information from and provide instructions to Chelan County regarding deceased inmates. The body shall not be released except on written order of said appropriate official of the City. Written notice shall be provided within three (3) working days of receipt by the City of notice of such death. All expenses relative to any necessary preparation of the body and shipment charges shall be paid by the City. With the City's consent, Chelan County may arrange for burial and all matters related or incidental thereto, and all such expenses shall be paid by the City. The provisions of this paragraph shall govern only the relations between or among the parties hereto and shall not affect the liability of any relative or other persons for the disposition of the deceased or for any expenses connected therewith. (c) The City shall receive a certified copy of the death certificate for any of its inmates who have dies while in Chelan County's custody. 18. RETAKING OF INMATES Upon request from Chelan County, the City shall, at its expense, retake any City inmate within thirty -six (36) hours after receipt of such request. In the event the confinement of any City inmate is terminated for any reason, the City shall, at its expense, retake such inmate at the CCRJC Facility. 19. HOLD HARMLESS AND INDEMNIFICATION Chelan County agrees to hold harmless, ind and defend the City, its officers, agents and Interlocal Agreement Between Page 6 of 9 CITY OF CITY HALL 33325 Federal Way Feder 8th Avenue South • PO Box 9718 Federal Way, WA 98063 -971$ (253) 835 -7000 www cityoffederatway com employees, from .and against any and all claims, losses, or liability, for injuries, sickness or death of persons, or damage to property, arising out of any willful misconduct or negligent act, error, or omission of Chelan County, its officers, agents, or employees, in connection with the services required by the Agreement, provided, however, that: (a) Chelan County's obligations to indemnify, defend and hold harmless shall not extend to injuries, sickness, death or damage caused by or resulting from the sole willful misconduct or negligence of the City, its officers, agents or employees or sub - consultants; and (b) Chelan County's obligations to indemnify, defend and hold harmless for injuries, sickness, death or damage caused by or resulting from the concurrent negligence or willful misconduct of the Chelan County and the City or of Chelan County and a third party other than an officer, agent or employee of Chelan County, shall apply only to the extent of the negligence or willful misconduct of Chelan County. 20. RIGHT OF REFUSAL AND TRANSPORTATION (a) Chelan County shall have the right to refuse to accept any inmate from the City when, in the opinion of Chelan County, its inmate census is at capacity that there is a substantial risk that, through usual operation of the jail, the reasonable operational capacity limits of the jail might be reached or exceeded. (b) Chelan County shall further have the right to refuse to accept any inmate from the City who, in the judgment of Chelan County, has a current illness or injury which may adversely affect the operations of the CCRJC, has a history of serious medical problems, presents a substantial risk of escape, or presents a substantial risk of injury to other persons or property, or is classified as a maximum security inmate pursuant to Chelan County's Objective Jail Classification System. The inmate should be an inmate who has already been sentenced by the jurisdiction, and should not be on pre -trial status. (c) City prisoners incarcerated in Chelan County pursuant to this Agreement shall be transported to or from the City twice per week, on Wednesdays and Fridays, by Chelan County and at the expense of Chelan County and shall be returned, if necessary, to the City by Chelan County personnel and at the County's expense provided that notice of the necessity of transport is received by Chelan County three (3) days prior to the time of expected transport. The City may request additional transport days as necessary and will follow the same three (3) day notice to Chelan County for scheduling. Additional transports both to and from the City will be at the expense of Chelan County. The City hereby designates Kristen Gregory or Pam Hall as the City's official authorized to notify Chelan County of the dates for transport and the specific inmates to be transported. 21. INDEPENDENT CONTRACTOR In providing services under this contract, Chelan County is an independent contractor and neither it or its' officers, agents or employees are employees of the City for any purpose, including responsibility for any federal or state tax, industrial insurance or Social Security liability. Neither shall the provision of services under this Agreement give rise to any claim of career service or civil service rights, which may accrue to an employee of the City under any applicable law, rule or regulation. 22. GENERAL PROVISIONS 15 Interlocal Agreement Between Page 7 of 9 Chelan County and the City of Fede,al'Nay Il CITY OF Q CITY HALL 33325 Federal Way Feder 8th Avenue South • 18 Box 9718 Federal Way WA 98063-9718_ 253 Y 835 -7000 t ) www clfyofederalway com (a) Severability. In the event any provisions of this Agreement shall be determined to be unenforceable or otherwise invalid for any reason, such provisions shall be enforced and valid to the extent permitted by law. All provisions of this Agreement are severable and unenforceability or invalidity of a single provision herein shall not affect the remaining provisions. (b) Governing Law and Venue. This Agreement shall be governed by the laws of the State of Washington, and venue for any lawsuit shall be the Chelan County Superior Court. (c) Attorney's Fees. In the event it is necessary for either party to utilize the services of an attorney to enforce any of the terms of this Agreement, such enforcing party shall be entitled to compensation for its reasonable attorney's fees and costs. In the event of litigation regarding any terms of this Agreement, the substantially prevailing party shall be entitled, in addition other relief, to such reasonable attorney's fees and costs as determined by the Court. - (d) Waiver of Breach. The waiver by either party of the breach of any provision of this Agreement by the other party must be in writing and shall not operate nor be construed as a waiver of any subsequent breach by such other party. (e) Savings Clause. Nothing in this Agreement shall be construed so as to require the - commission of any act contrary to law, and wherever there is any conflict between any provisions of this Agreement and any statute, lady, public regulation or ordinance, the latter shall prevail but in such event, the provisions of this Agreement affected shall be curtailed and limited only to the extent necessary to bring it within legal requirements. (f) Filing. This Agreement shall be filed with the Chelan County Auditor's Office pursuant to RCW 39.34.040. 23. INTERPRETATION This Agreement has been submitted to the scrutiny of all parties and their counsel, if desired, and it shall be given a fair and reasonable interpretation in accordance with its words, without consideration or weight given to its being drafted by any party or its counsel_ All words used in the singular shall include the plural; the present tense shall include the future tense; and the masculine gender shall include the feminine and neuter gender. 24. ACCESS TO RECORDS CLAUSE The parties hereby agree that authorized representatives of the parties shall have access to any books, documents, paper and record of the other party that are pertinent to this Agreement for the purposes of making audits, examinations, excerpts and transcriptions. All such records and all other records pertinent to this Agreement, and work undertaken pursuant to this Agreement shall be retained by the parties for a period of three (3) years after the final expiration date of this Agreement or any amendments hereto, unless a longer period is required to resolve audit, findings or litigation. In such cases, the parties may expressly agree by an amendment or separate agreement for such longer period for record retention. 25. ENTIRE AGREEMENT This Agreement represents the entire integrated Agreement between the City and Chelan County and supercedes all prior negotiations, repre §entations or agreements, either written or oral. interlocai Agreement Between Page 8 of 9 Cnei.an Crmni,; and the City r Fed.-al 'VV ,... CITY OF CITY HALL Fe d e I r � I Way 33325 8th Avenue South - PO Box 9718 Federal Way, WA 98063 -9718 ..+� (253) 835 -7000 www c tyoffederahvay coin IN WITNESS WHEREOF, the above and foregoing Agreement has been executed in duplicate by the parties hereto and made affective on the day and year first above written. CITY OF FEDERAL WAY, WA BOARD OF CHELAN COUNTY COMMISSIONERS By: Brian J_ Wilson, City Manager /Police Chief Keith Goehner, Chair ATTEST: Ron Walter, Commissioner City Clerk Doug England, Commissioner ATTEST: DATED: JANET K. MERZ Clerk of the Board DATED: Approved as to Form: City of Federal Way Attorney PHIL STANLEY, Director Chelan County Regional Justice Center Approved as to Form: GARY A. RIESEN, Chelan County Prosecutor • • 1 Interiocal Agreement Between Page 9 of 9 Chelar E unty and the City of Feder?! Wav a 18 • COUNCIL MEETING DATE: N/A ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Creation of a team of police volunteers to recover and return shopping carts to local businesses. POLICY QUESTION: Should the City of Federal Way /Police Department create and maintain a force of volunteers to recover and return shopping carts to local businesses? COMMITTEE: Parks, Recreation, Human Services and Public Safety MEETING DATE: Oct. 12, 2010 Council Committee - (PRHS &PS) CATEGORY: n Consent ❑ Ordinance 111 Public Hearing 1 City Council Business n Resolution ® Other — Info Only STAFF REPORT BY: CHRIS NORMAN, COMMANDER DEPT: Police Department Attachments: 1. PRHS &PS Staff Memo Options Considered: Information only — no options STAFF RECOMMENDATION: Staff recommends Option . ALA ` CITY MANAGER APPROVAL: M py DIRECTOR APPROVAL: -� fWt / 1 Committ e Council Committe Coun COMMITTEE RECOMMENDATION: PRPS recommends Option Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: N/A - Information Only (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL ti ❑ DENIED 1 reading ❑ TABLED/DEFERRED /NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only ORDINANCE # REVISED - 02/06/2006 RESOLUTION # 19 CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: October 12, 2010 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Brian J. Wilson City Manager /Chief of Police FROM: Andy J. Hwang, Assistant Chief of Police SUBJECT: Shopping Cart Recovery Team Background Abandoned shopping carts are found to be a public nuisance, create potential hazards to the health and safety of the public, and interfere with pedestrian and vehicular traffic in the City. The accumulation of wrecked and dismantled abandoned shopping carts tends to create conditions that reduce property values, and promote blight and deterioration. Shopping Cart Recovery . Inc. ceased operations on August 31, 2010. The CEO reported a monthly pick up of 600 shopping carts.in the City per month. Shopping Cart Recovery Inc. contracted with local businesses to provide this service. We are not aware of any competing business that is or plans to operate in the City. Proposal The Police Department is seeking council approval to maintain a team of police volunteers to recover shopping carts throughout the City using existing vehicle and trailer inventory. The volunteers will return the carts to the business at no charge. The initiative is in essence a free program for the business community in the city. The current practice of sending periodic reminders to the business owners to retain and retrieve their shopping carts will continue. Funding Source The man -power will be provided through existing volunteers with additional recruitment as needed to sustain the program. Second line vehicles equipped with a tow hitch and the Emergency Management Quad Trailer has been approved by the respective department heads to retrieve shopping carts. Vehicle maintenance and running costs will be absorbed through existing budgets. 1 20 COUNCIL MEETING DATE: October 19th, 2010 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Purchase three new Honda police motorcycles to replace four expired lease Harley- Davidson motorcycles using Replacement Reserve money allocated for these vehicle replacements. POLICY QUESTION: Should the City of Federal Way / Police Department use available Replacement Reserve monies to purchase three (3) new Honda police motorcycles, replacing end of term leased Harley- Davidson motorcycles, for the Police Traffic Section? COMMITTEE: Parks, Recreation, Human Services and Public Safety MEETING DATE: 10 /12/10 Council Committee - (PRHS &PS) CATEGORY: ® Consent n Ordinance ❑ Public Hearing [] City Council Business n Resolution ❑ Other STAFF REPORT BY: CHRIS NORMAN, COMMANDER DEPT: Police Department Attachments: 1. PRHS &PS Staff Memo Options Considered: 1. Purchase three new Honda motorcycles — to replace expired lease Harley - Davidsons. 2. Attempt to renew the lease on the existing Harley- Davidson Motorcycles_ STAFF RECOMMENDATION: Staff recommends Option 1. CITY MANAGER APPROVAL: A t✓•t.. 9 /d1/AxJ DIRECTOR APPROVAL: t✓u.••y Committee Council Committee Coup cil COMMITTEE RECOMMENDATION: 1 move to forward this purchase request, for three additional Honda motorcycles, to the October 19, 2010 City Council meeting, consent agenda, for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the request by the Police Department to use available Replacement Reserve money to purchase the requested replacement vehicles for the Traffic Section and authorize the Police Chief to make the purchase." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) - COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED I ❑ TABLED /DEFERRED /NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # 21 CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: October 12, 2010 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Brian J. Wilson, City Manager /Chief of Police FROM: Andy Hwang, Assistant Chief of Police SUBJECT: Purchase of Three (3) Honda ST 1300P Police Motorcycles Background For the last several years the Police Department has been leasing Harley- Davidson motorcycles. The last remaining leases, for four (4) Harley - Davidson motorcycles, will end on December 4` 2010. Harley- Davidson no longer offers a tease program and their current product line does not compete favorably with the current offerings from Honda and Kawasaki. In the last few years, several other local police agencies in our region have converted, or are in the process of converting their motorcycle fleet over, to the new Honda ST 1300P police motorcycle. These agencies include Auburn, Bellevue, Centralia, Everett; Kent, King County, Kirkland, Lakewood and Snohomish County. The available data from these agencies indicates that the Honda ST is a more reliable and cost effective vehicle than the Harley - Davidson. All agencies now using the Honda ST are experiencing a decrease in maintenance costs, compared to the Harley - Davidson_ Early in 2010, the City Council approved the purchase of three (3) new Honda 1300P Police Motorcycles to replace several expired Harley - Davidson leases. Since then, the Traffic Section has been very pleased with the Honda product and continues to anticipate lower maintenance costs and improved safety. Proposal — Purchase Three (3) Honda ST 1300P motorcycles The Traffic Unit is requesting permission to purchase an additional three (3) new Honda ST 1300P police motorcycles to replace the last of the leased motorcycles. The Traffic Section is authorized to utilize eleven (1 1) Police motorcycles. This new replacement request will result in the Traffic Section having only ten (10) available Police motorcycles, which currently matches the number of actual motorcycle riders in the Unit, but will eliminate the availability of a `spare' Police motorcycle. We plan to "piggy back" on the Washington State Patrol's competitive bid process in order to identify a qualified Honda dealership for purchasing these replacement motorcycles. Funding Source The funds for these purchases are available from the regular Replacement Reserve monies set aside for vehicle replacements. As of January 1, 2011 there will be $72,000 available in the identified Replacement Reserve accounts to complete this purchase plan. The cost for purchasing three (3) new Honda ST motorcycles is conservatively estimated to be $72,000. 1 22 COUNCIL MEETING DATE: N/A ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: PROGRAM FUND ACCEPTANCE - FISCAL YEAR (FY) 2010 EDWARD BYRNE MEMORIAL JUSTICE GRANT (JAG) POLICY QUESTION: Should Council accept FY 2010. Edward Byrne Memorial JAG grant? COMMITTEE: PRHS &PS Committee Meeting MEETING DATE: Oct 12, 2010 CATEGORY: ❑ Consent ri Ordinance ❑ Public blearing ❑ City Council Business ❑ Resolution ® Other— Information Only STAFF REPORT BY: Cathy M. Schrock, Civilian Operations Manager DEPT: Police ATTACHMENTS: 1. PRHS &PS Committee Memo 2_ City of Federal Way — FY 2010 JAG Financial Summary OPTIONS CONSIDERED: INFORMATION ONLY — NO OPTIONS STAFF RECOMMENDATION: Staff f re // commends approving Option . CITY MANAGER APPRO VAL: W,� 9/7,/Mt1 DIRECTOR APPROVAL: —7 /1.---7 9 /zi / a Committee Council Committee Council COMMITTEE RECOMMENDATION: Motion to approve Option Mike Park Jeanne Burbidge . Jack Dovey Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: Not Applicable — Information Only' COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1 reading ❑ TABLED /DEFERRED /NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # 23 CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: September 20, 2010 TO: Finance, Economic Development, Regional Affairs Committee VIA: Brian J. Wilson, City Manager /Chief of Police FROM: Andy J. Hwang, Assistant Chief of Police SUBJECT: FY '10 Edward Byrne Memorial Justice Assistance (JAG) Grant Program Background JAG funds support all components of the criminal justice system. JAG funded projects may address crime through the provision of services directly to individuals and /or communities and by improving the effectiveness and efficiency of criminal justice systems, processes, and procedures. Acceptance of the FY 2010 Edward Byrne Memorial Justice Assistance Grant with ensure the services to be performed under this Agreement will be conducted for the stated purpose of the Byrne Memorial Justice Assistance Grant (JAG) Program (42.U.S.C.3751(a.) The Edward Byrne Memorial Justice Assistance Grant (JAG). Program is the primary provider of federal criminal justice funding to state and local jurisdictions. Program Description: Technology and equipment improvements to enhance efficiencies in the Police Department and Municipal Court. Specific projects are described in the attached financial summary documents. Project Award: $48,623 Program Need: Provide investments needed to increase economic efficiency by spurring technological advances to enhance safety and create efficiencies that allow officers and staff more time serving the citizens of Federal Way. Staff recommendation Staff recommends the acceptance of the Program Award for YR '10 JAG Grant in the amount of $48, 623. Committee recommendation Forward to full council at the regular meeting October 5, 2010 authorizing the City Manager /Chief of Police to accept the FY 2010 Edward Byrne Memorial Justice Assistance (JAG) grant in the amount of $ 48,623. APPROVAL OF COMMITTEE REPORT: Committee Chair Committee Member Committee Member 1 24 • City of Federal Way Financial Authority Contact: Purpose Areas: Phung Huynh - Law Enforcement 33325 8th Ave S Municipal Court PO BOX 9718 Performance Measure Activities: Federal Way, WA 98063 -9718. Information Systems for Criminal Justice System 253.835.2523 Equipment phung .huynh@cityoffederalway.com Project Director Cathy Schrock Civilian Operations Manager 33325 8 Ave S PO BOX 9718 Federal Way, WA 98063 - 9718 253.835.6850 cathy.schrock@cityoffederalway.com Project Number #: 2010 -DJ -BS -0624 Award Date: 08/13/2010 Project Name(s): 1) Police Evidence Safety Equipment /Shelving 2) Municipal Court Technical Equipment Project Cost: $48,623 Project Description: 1) Electric Scissor Left (USED). The evidence /storage vault contains shelving that exceeds 15 foot heights and 6 foot widths. The Evidence /Property staff has traditionally used an industrial sized ladder (on rollers); however, it presents a greater risk for injury. A ladder requires twisting and reaching for boxes, while balancing perpendicular to the shelf. The risk of tipping and /or losing balance is of concern. A scissor lift provides a secure platform to stand on and allows the employee to face the shelf (square off) and not twist or reach while lifting. The equipment would be used daily and most often multiple times per day. Additionally, the evidence /storage vault constructed in 2005 has reached its current capacity of shelving and additional shelving is required to ensure a safe and secure environment which maintaining efficiency. Project Cost: 10,000 Project Description: 2) Municipal Court Technology Equipment for Paperless Video Hearings at SCORE (jail) Facility. The Municipal Court will begin Video Hearings for in-custody defendants at the South Correctional Entity (SCORE) in September of 2011. SCORE is requiring all participating - 25 jurisdictions to conduct hearings by video in order to reduce transportation of inmates to and from the facility. SCORE is also requesting that all court documents be transmitted electronically between the SCORE facility and the court. This method of processing of court orders will streamline the handling of cases and improve communication with the police department and jail. The cost to convert to an electronic form process consistent with the other SCORE courts was not included in the SCORE budget. It is up to each jurisdiction to meet the requirements. Video hearings between Federal Way Municipal Court and SCORE will be held daily. All types of hearings, excluding trials, for in custody defendants will be held by video. The flow of paperwork between the two facilities is critical. While most court forms have been converted to an electronic form, in order to comply with SCORE they will need to be converted into a software program called SharePoint. The development of the overall process and conversion of forms will require development costs. The processing of orders will need to be done simultaneously from two different locations. This will require the addition of electronic signature pads that will transmit the judge's, the defendant's, and the attorneys' signatures onto the court order without printing the document. Additional hardware is needed including touch pads for the judges in each courtroom and additional monitors for the judges and clerks as well as laptops /computets for defense counsel. The prosecutors already have laptops. Electronic signature pads are also required. Project Cost: $38,623 Total: $ 48,623 *Only 10% flexibility between original funding estimates in each budget area allowed without federal approval* FEDERAL WAY A. Personnel Name /Position Computation Cost Temporary Staff Support 312.5 hrs $ 16 per hr $ 5,000 TOTAL: $ 5,000 I D. Equipment Item Computation Cost Electric Scissor Lift vendor estimate $ 8,000 Evidence Storage Shelving vendor estimate $ 2,000 Municipal Court Equipment Vendor estimate $ 15,000 I TOTAL: $ 25,000 I G. Consultants /Contracts Name of Contract /Consultant Computation Cost Consultant /Contract TBD upon approval Vendor estimate $ 18,623 TOTAL: $ 18,623 FEDERAL WAY TOTAL $ 48,623 26 1 yr' Department of Justice Office ofJustice Programs Bureau of Justice Assistance Office of Justice Programs Washington. D.C. 2053! August 13, 2010 Mr. Brian Wilson City of Federal Way 33325 8th Avenue South P.O. Box 9718 Federal Way, WA 98063 -9718 Dear Mr. Wilson: On behalf of Attorney General Eric Holder, it is my pleasure to inform you that the Office ofJustice Programs has approved your application for funding under the FY 10 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Local Solicitation in the amount of 848,623 for City of Federal Way. Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and financial requirements, including the timely submission of all financial and programmatic reports, resolution of all interim audit findings, and the maintenance of a minimum level of cash -on -hand. Should you not adhere to these requirements, you will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative action as appropriate. If you have questions regarding this award, please contact: - Program Questions, Jeffrey S. Felten - Green, Program Manager at (202) 514 -8874; and - Financial Questions, the Office of the Chief Financial Officer, Customer Service Center (CSC) at (800) 458 -0786, or you may contact the CSC at ask.ocfo@usdoj.gov. Congratulations, and we look forward to working with you. Sincerely, James H. Burch [1 Acting Director Enclosures 27 Department of Justice r.7 Office of Justice Programs Office for Civil Rights Washington, D.C. 2053! August 13, 2010 Mr. Brian Wilson City of Federal Way 33325 8th Avenue South - P.O. Box 9718 Federal Way, WA 98063 -9718 Dear Mr. Wilson: Congratulations on your recent award. In establishing financial assistance programs, Congress linked the receipt of Federal funding to compliance with Federal civil rights laws. The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice is responsible for ensuring that recipients of financial aid from OJP, its component offices and bureaus, the Office on Violence Against Women (OVW), and the Office of Community Oriented Policing Services (COPS) comply with applicable Federal civil rights statutes and regulations. We at OCR are available to help you and your organization meet the civil rights requirements that come with Justice Department funding. Ensuring Access to Federally Assisted Programs As you know, Federal laws prohibit recipients of financial assistance from discriminating on the basis of race, color, national origin, religion, sex, or disability in funded programs or activities, not only in respect to employment practices but also in the delivery of services or benefits. Federal law also prohibits funded programs or activities from discriminating on the basis of age in the delivery of services or benefits. Providing Services to Limited English Proficiency (LEP) Individuals In accordance with Department of Justice Guidance pertaining to Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, recipients of Federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited English proficiency (LEP). For more information on the civil rights responsibilities that recipients have in providing language services to LEP individuals, please see the website at http: / /www.lep.gov. Ensuring Equal Treatment for Faith -Based Organizations The Department of Justice has published a regulation specifically pertaining to the funding of faith -based organizations. In general, the regulation, Participation in Justice Department Programs by Religious Organizations; Providing for Equal Treatment of all Justice Department Program Participants, and known as the Equal Treatment Regulation 28 C.F.R. part 38, requires State Administering Agencies to treat these organizations the same as any other applicant or recipient. The regulation prohibits State Administering Agencies from making award or grant administration decisions on the basis of an organization's religious character or affiliation, religious name, or the religious composition of its board of directors. The regulation also prohibits faith -based organizations from using financial assistance from the Department of Justice to fund inherently religious activities. While faith -based organizations can engage in non- funded inherently religious activities, they must be held separately from the Department of Justice funded program, and customers or beneficiaries cannot be compelled to participate in them. The Equal Treatment Regulation also makes clear that organizations participating in programs funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. For more information on the regulation, please see OCR's website at http:// www .ojp.usdoj.gov /ocr /etfbo.htm. State Administering Agencies and faith -based organizations should also note that the Safe Streets Act, as amended; the Victims of Crime Act, as amended; and the Juvenile Justice and Delinquency Prevention Act, as amended, contain prohibitions against discrimination on the basis of religion in employment. Despite these nondiscrimination provisions, the Justice Department has concluded that the Religious Freedom Restoration Act (RFRA) is reasonably construed, on a case -by -case basis, to require that its funding agencies permit faith -based organizations applying for funding under the applicable program statutes both to receive DOJ funds and to continue considering religion when hiring staff, even if the statute that authorizes the funding program generally forbids considering of religion in employment decisions by grantees. Questions about the regulation or the application of RFRA to the statutes that prohibit discrimination in employment may be directed to this Office. 28 Enforcing Civil Rights Laws - All recipients of Federal financial assistance, regardless of the particular funding source, the amount of the grant award, or the number of employees in the workforce, are subject to the prohibitions against unlawful discrimination. Accordingly, OCR investigates recipients that are the subject of discrimination complaints from both individuals and groups. In addition, based on regulatory criteria, OCR selects a number of recipients each year for compliance reviews, audits that require recipients to submit data showing that they are providing services equitably to all segments of their service population and that their employment practices meet equal employment opportunity standards. Complying with the Safe Streets Act or Program Requirements In addition to these general prohibitions, an organization which is a recipient of financial assistance subject to the nondiscrimination provisions of the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968,42 U.S.C. § 3789d(c), or other Federal grant program requirements, must meet two additional requirements:(1) complying with Federal regulations pertaining to the development of an Equal Employment Opportunity Plan (EEOP), 28 C.F.R. § 42.301 -.308, and (2) submitting to OCR Findings of Discrimination (see 28 C.F.R. §§ 42.205(5) or 31.202(5)). 1) Meeting the EEOP Requirement In accordance with Federal regulations, Assurance No. 6 in the Standard Assurances, COPS Assurance No. 8.B, or certain Federal grant program requirements, your organization must comply with the following EEOP reporting requirements: If your organization has received an award for $500,000 or more and has 50 or more employees (counting both full- and part -time employees but excluding political appointees),then it has to prepare an EEOP and submit it to OCR for review within 60 days from the date of this letter. For assistance in developing an EEOP, please consult OCR's website at http: / /www.ojp.usdoj.gov /ocr /eeop.htm. You may also request technical assistance from an EEOP specialist at OCR by dialing (202) 616 -3208. If your organization received an award between $25,000 and S500,000 and has 50 or more employees, your organization still has to prepare an EEOP, but it does not have to submit the EEOP to OCR for review. Instead, your organization has to maintain the EEOP on file and make it available for review on request. In addition, your organization has to complete Section B of the Certification Form and return it to OCR. The Certification Form can be found at ht tp:// www.ojp.usdoj.gov /ocr/eeop.htm. If your organization received an award for less than $25,000; or if your organization has less than 50 employees, regardless of the amount of the award; or if your organization is a medical institution, educational institution, nonprofit organization or Indian tribe, then your organization is exempt from the IEOP requirement However, your organization must complete Section A of the Certification Form and return it to OCR. The Certification Form can be found at http: / /www.ojp.usdoj.gov /ocr /eeop.htm. 2) Submitting Findings of Discrimination In the event a Federal or State court or Federal or State administrative agency makes an adverse finding of discrimination against your organization after a due process hearing, on the ground of race, color, religion, national origin, or sex, your organization must submit a copy of the finding to OCR for review. Ensuring the Compliance of Subrecipients If your organization makes subawards to other agencies, you are responsible for assuring that subrecipients also comply with all of the applicable Federal civil rights laws, including the requirements pertaining to developing and submitting an EEOP, reporting Findings of Discrimination, and providing language services to LEP persons. State agencies that make subawards must have in place standard grant assurances and review procedures to demonstrate that they are effectively monitoring the civil rights compliance of subrecipients. If we can assist you in any way in fulfilling your civil rights responsibilities as a recipient of Federal funding, please call OCR at (202) 307- 0690 or visit our website at http: / /www.ojp.usdoj.gov /ocr /. Sincerely, • Michael L. Alston Director cc: Grant Manager Financial Analyst 29 ■ Department of Justice Office ofJustice Programs Bureau of Justice Assistance Grant PAGE 1 of s - I. RECIPIENT NAME AND ADDRESS (Including Zip Code) 4. AWARD NUMBER 2010- DJ- BX-0624 City of Federal Way 33325 8th Avenue South P.O. Box 9718 5. PROJECT PERIOD: FROM 10/01/2009 TO 09/30/2013 Federal Way, WA98063 -9718 BUDGET PERIOD: FROM 10/012009 TO 09/302013 6. AWARD DATE 08/13/2010 7. ACTION 1 A. GRANTEE IRS/VENDOR NO. 8. SUPPLEMENT NUMBER Initial 911462550 00 9. PREVIOUS AWARD AMOUNT S 0 3. PROJECT TITLE Information Systems for Criminal Justice System Equipment 10. AMOUNT OF THIS AWARD S 48,623 11. TOTAL AWARD S 48,623 12. SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S). 13. STATUTORY AUTHORITY FOR GRANT This project is supported under FY I O (WA - JAG) 42 USC 3750, et seq. 15. METHOD OF PAYMENT GPRS AGENCY APPROVAL GRANTEE ACCEPTANCE 16. TYPED NAME AND TITLE OF APPROVING OFFICIAL • - 18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL • James H. Burch 11 Brian Wilson Acting Director Acting City Manager 17. SIGNATURE OF APPROVING OFFICIAL 19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL I 19A DATE � I —.I AGENCY USE ONLY 20. ACCOUNTING CLASSIFICATION CODES 21. JDJUGTI 178 FISCAL FUND BUD. DIV. YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT X B D1 80 00 00 48623 OJP FORM 4000/2 (REV. 5 - 87) PREVIOUS EDITIONS ARE OBSOLETE. OJP FORM 4000/2 (REV 4 -88) 30 Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 2 OF 5 Grant PROJECT NUMBER 2010- DI- BX-0624 AWARD DATE 08/13/2010 SPECIAL CONDITIONS 1. The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs (01P) Financial Guide. 2. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if recipient is required to submit one pursuant to 28 C.F.R. Section 42.302), that is approved by the Office for Civil Rights, is a violation of its Certified Assurances and may result in suspension or termination of funding, until such time as the recipient is in compliance. 3. The recipient agrees to comply with the organizational audit requirements of OMB Circular A -133, Audits of States, Local Governments, and Non -Profit Organizations, and further understands and agrees that funds may be withheld, or other related requirements may be imposed, if outstanding audit issues (if any) from OMB Circular A -133 audits (and any other audits of OW grant funds) are not satisfactorily and promptly addressed, as further described in the current edition of the 01P Financial Guide, Chapter 19. 4. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of OJP. 5. The recipient must promptly refer to the DOJ 016 any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other person has either I) submitted a false claim for grant funds under the False Claims Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving grant funds. This condition also to any subrecipients. Potential fraud, waste, abuse, or misconduct should be reported to the 016 by - mail: Office of the Inspector General U.S. Department of Justice Investigations Division 950 Pennsylvania Avenue, N.W. Room 4706 Washington, DC 20530 • • e -mail: oig.hotline @usdoj.gov hotline: (contact information in English and Spanish): (800) 869 -4499 or hotline fax: (202) 616 -9881 Additional information is available from the DOJ 016 website at www.usdoj.gov /oig. 6. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of any contract or subaward to either the Association of Community Organizations for Reform Now (ACORN) or its subsidiaries, without the express prior written approval ofOJP. 7. The recipient agrees to comply with any additional requirements that may be imposed during the grant performance P g PY } eq Y P g g P period if the agency determines that the recipient is a high -risk grantee. Cf. 28 C.F.R. parts 66, 70. 01P FORM 4000/2 (REV" 4 -88) 31 Department ofJustice = Office ofJustice Programs AWARD CONTINUATION r= Bureau ofJustice Assistance SHEET PAGE 3 OF 5 Grant PROJECT NUMBER 2010 -DJ -BX -0624 AWARD DATE 08/132010 SPEC /AL CONDITIONS • 8. To support public safety and justice information sharing, OJP requires the grantee to use the National Information Exchange Model (NIEM) specifications and guidelines for this particular grant. Grantee shall publish and make available without restriction all schemas generated as a result of this grant to the component registry as specified in the guidelines. For more information on compliance with this special condition, visit ht tp:// www. niem .gov/tmplementationguide.php. 9. To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdiction, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the grantee can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. 10. The grantee agrees to comply with the applicable requirements of 28 C.F.R. Part 38, the Department of Justice regulation governing "Equal Treatment for Faith Based Organizations" (the "Equal Treatment Regulation "). The Equal Treatment Regulation provides in part that Department of Justice grant awards of direct funding may not be used to fund any inherently religious activities, such as worship, religious instruction, or ptoselytization. Recipients of direct grants may still engage in inherently religious activities, but such activities must be separate in time or place from the Department ofJustice funded program, and participation in such activities by individuals receiving services from the grantee or a sub - grantee must be voluntary. The Equal Treatment Regulation also makes clear that organizations participating in programs directly funded by the Department ofJustice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. Notwithstanding any other special condition of this award, faith - based organizations may, in some circumstances, consider religion as a basis for employment. See http:// www. ojp.gov /about/ocr /equal_tbo.htm. 11. The recipient acknowledges that all programs funded through subawards, whether at the state or local levels, must conform to the grant program requirements as stated in BJA program guidance. 12. The recipient agrees that any information technology system funded or supported by OJP funds will comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, as per the regulation. Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 42 U.S.C. 3789g(c) -(d). Recipient may not satisfy such a fine with federal funds. 13. The recipient agrees to ensure that the State Information Technology Point of Contact receives written notification regarding any information technology project funded by this grant during the obligation and expenditure period. This is to facilitate communication among local and state governmental entities regarding various information technology projects being conducted with these grant funds. In addition, the recipient agrees to maintain an administrative file documenting the meeting of this requirement. For a list of State Information Technology Points of Contact, go to http: / /www.itojp.gov /defau ltaspx ?area= policyAndPractice &page =1046. 14. Grantee agrees to comply with the requirements of 28 C.F.R. Part 46 and all Office ofJustice Programs policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. 15. Grantee agrees to comply with all confidentiality requirements of 42 U.S.C. section 3789g and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. Grantee further agrees, as a condition of grant approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, section 22.23. � I OJP FORM 4000 /2 (REV. 4 -88) 32 Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 4 OF 5 Grant PROJECT NUMBER 2010 -DI -BX -0624 AWARD DATE 08/13/2010 SPECIAL CONDITIONS 16. The grantee agrees to assist BJA in complying with the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these grant funds, either directly by the grantee or by a subgrantee. Accordingly, the grantee agrees to first determine if any of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. [fit is determined that any of the following activities will be funded by the grant, the grantee agrees to contact BJA. The grantee understands that this special condition applies to its following new activities whether or not they are being specifically funded with these grant funds_ That is, as long as the activity is being conducted by the grantee, a subgrantee, or any third party and the activity needs to be undertaken in order to use these grant funds, this special condition must first be met. The activities covered by this special condition are: a. New construction; b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties Located within a 100 -year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. The grantee understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. The grantee further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed at http://www.ojp.usdoj.gov/BIA/resource/nepa.hErnl, for programs relating to methamphetamine laboratory operations. Application of This Special Condition to Grantee's Existing Programs or Activities: For any of the grantee's or its subgrantees' existing programs or activities that will be funded by these grant funds, the grantee, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity. 17. The recipient is required to establish a trust fund account. (The trust fund may or may not be an interest - bearing account.) The fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate and expend the grant funds in the trust fund (including any interest earned) during the period of the grant. Grant funds (including any interest earned) not expended by the end of the grant period must be returned to the Bureau of Justice Assistance no later than 90 days after the end of the grant period, along with the final submission of the Federal Financial Report (SF -425). 18. The recipient agrees that funds received under this award will not be used to supplant State or local funds, but will be used to increase the amounts of such funds that would, in the absence of Federal funds, be made available for law enforcement activities. • OJP FORM 4000i2 (REV. 4 -88) 33 Department of Justice t Office of Justice Programs �, AWARD CONTINUATION = Bureau of Justice Assistance SHEET PAGE 5 OF 5 Grant PROJECT NUMBER 2010 -DJ -BX -0624 AWARD DATE 08/13/20(0 SPECIAL CONDITIONS 19. Award recipients must submit quarterly a Federal Financial Report (SF- 425) and annual performance reports through GMS (https: / /grants.ojp.usdoj.gov). Consistent with the Department's responsibilities under the Government Performance and Results Act (GPRA), P.L. 103 -62, applicants who receive funding under this solicitation must provide data that measure the results of their work. Therefore, quarterly performance metrics reports must be submitted through BJA's Performance Measurement Tool (PMT) website (www.bjaperformancetools.org). For more detailed information on reporting and other JAG requirements, refer to the JAG reporting requirements webpage. Failure to submit required JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation. 20. Award recipients must verify Point of Contact(POC), Financial Point of Contact (FPOC), and Authorized Representative contact information in GMS, including telephone number and e-mail address. If any information is incorrect or has changed, a Grant Adjustment Notice (GAN) must be submitted via the Grants Management System (GMS) to document changes. 21. The grantee agrees that within 120 days of award acceptance, each member of a law enforcement task force funded with these funds who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank, will complete required online (internet- based) task force training. The training is provided free of charge online through BJA's Center for Task Force Integrity and Leadership (www.ctfli.org)_ All current and new task force members are required to complete this training once during the life of the award, or once every four years if multiple awards include this requirement. This training addresses task force effectiveness as well as other key issues including privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and accountability. Additional information is available regarding this required training and access methods via BJA's web site and the Center for Task Force Integrity and Leadership (www.ctfli.org)_ OJP FORM 4000/2 (REV 4 -88) 34 Department of Justice Office ofJustice Programs Bureau ofJustice Assistance Washington. D.C. 10531 Memorandum To: Official Grant File From: Orbin Terry, NEPA Coordinator Subject: Incorporates NEPA Compliance in Further Developmental Stages for City of Federal Way The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and local governments to support a broad range of activities to prevent and control crime and to improve the criminal justice system, some of which could have environmental impacts. All recipients of JAG funding must assist BJA in complying with NEPA and other related federal environmental impact analyses requirements in the use of grant funds, whether the funds are used directly by the grantee or by a subgrantee or third party. Accordingly, prior to obligating funds for any of the specified activities, the grantee must first determine if any of the specified activities will be funded by the grant. The specified activities requiring environmental analysis are: a. New construction; b. Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100 -year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, tease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. Complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. Further, for programs relating to methamphetamine laboratory operations, the preparation of a detailed Mitigation Plan will be required. For more information about Mitigation Plan requirements, please see http: / /www.ojp_ usdoj .gov /BJA/resource /nepa.html. Please be sure to carefully review the grant conditions on your award document, as it may contain more specific information about environmental compliance. 35 Department of Justice GRANT MANAGER'S MEMORANDUM, PT. I: Office of Justice Programs s PROJECT SUMMARY • Bureau of Justice Assistance Grant PROJECT NUMBER 2010 -DJ -BX -0624 PAGE 1 OF l This projoct is supported under FY I O (RJA - JAG) 42 USC 3750, et seq. 1. STAFF CONTACT ame & telephone number) � ) 2 PROJECT DIRECTOR erne address 1 ss & telephone number) eP ) Jeffrey S. Felten -Green Cathy Schrock (202) 514-8874 Civilian Operations Manager 33325 8t11 Ave South P.O_ Box 9718 Federal Way, WA 98063 -9718 (253) 835 -6850 3a. TITLE OF THE PROGRAM 3b. POMS CODE (SEE INSTRUCTIONS FY 2010 Justice Assistance Grant Program ON REVERSE) 4. TITLE OF PROJECT Information Systems for Criminal Justice System Equipment • 5. NAME & ADDRESS OF GRANTEE 6. NAME & ADRESS OF SUBGRANTEE City of Federal Way 33325 8th Avenue South P.O. Box 9718 Federal Way, WA 98063 -9718 7. PROGRAM PERIOD 8. BUDGET PERIOD FROM: 10/01/2009 T0 : 09/30/2013 FROM: 10/01/2009 TO: 09/30/2013 -- 9. AMOUNT OF AWARD 10. DATE OF AWARD $ 48,623 08/13/2010 IL SECOND YEAR'S BUDGET 12. SECOND YEAR'S BUDGET AMOUNT 113. THIRD YEAR'S BUDGET PERIOD 1 14. THIRD YEAR'S BUDGET AMOUNT - --- - - - - -- ----- -- - - - -- 15. SUMMARY DESCRIPTION OF PROJECT (See instruction on reverse) The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and units of local govemment, including tubes, to support a broad range of activities to prevent and control crime based on their own state and local needs and conditions. Grant funds can be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice, including for any one or more of the following purpose areas: 1) law enforcement programs; 2) prosecution and court programs; 3) prevention and education programs; 4) corrections and community corrections programs; 5) drug treatment and enforcement programs; 6) planning, evaluation, and technology improvement programs; and 7) crime victim and witness programs (other than compensation). - The city of Federal Way will use JAG funds for equipment purchases in the police department and municipal court. The police department will purchase a used electric scissor lift for the evidence and property staff and additional vault shelving. The municipal court will purchase laptop and personal computers, electronic 011' FORM 4000/2 (REV. 4-88) 36 signature pads, touch pads for judges, and additional monitors. NCA/NCF • 37 38 COUNCIL MEETING DATE: N/A ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: TARGET DONATION FOR FEDERAL WAY POLICE CRIME PREVENTION SECTION POLICY QUESTION: N/A — Information Only COMMITTEE: Parks, Recreation, Human Services and Public Safety MEETING DATE: 10/12/2010 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing n City Council Business ❑ Resolution X Other STAFF REPORT BY: Michelle Roy, DEPT: Police Department ATTACHMENTS: None. SUMMARY: The Police Department's Crime Prevention Unit applied for a $2,000 grant from the Target Corporation for a crime prevention campaign. The Crime Prevention Unit proposed to use $1,000 to print crime prevention brochures and $1,000 for small "give away" such as whistles, water bottles, and key chains with crime prevention messages imprinted on them. Target awarded the Police Department's Crime Prevention Unit $1,000 to be used for a general crime prevention campaign. The Target grant is a one time gift and there are no reporting requirements. In accordance with the City's purchasing manual, Council action is not required to receive donations. STAFF RECOMMENDATION: N/A CITY MANAGER APPROVAL: a , k 1J'0`II , ""°N /A DIRECTOR APPROVAL: tf N/A Committee Council Commi ee Council COMMITTEE RECOMMENDATION: N/A PROPOSED COUNCIL MOTION: N/A COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1ST reading ❑ _TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 02/06/2006 RESOLUTION # 39 40